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	<title>Engineering Policy Guide - User contributions [en]</title>
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		<id>https://epg.modot.org/index.php?title=User:Hoskir/Revision_Request_4225&amp;diff=58905</id>
		<title>User:Hoskir/Revision Request 4225</title>
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		<updated>2026-06-26T12:52:04Z</updated>

		<summary type="html">&lt;p&gt;Hoskir: /* 643.1.7.5 Water Works Structures */&lt;/p&gt;
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&lt;div&gt;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643 Utility Procedures  &#039;&#039;CATEGORY&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt; &lt;br /&gt;
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| &#039;&#039;&#039;&amp;lt;center&amp;gt;&amp;lt;u&amp;gt;Additional Resources&amp;lt;/u&amp;gt;&amp;lt;/center&amp;gt;&#039;&#039;&#039;&lt;br /&gt;
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| ● [https://www.ecfr.gov/current/title-23/chapter-I/subchapter-G/part-64523 CFR 645]&lt;br /&gt;
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| ● [https://www.sos.mo.gov/cmsimages/adrules/csr/current/7csr/7c10-3.pdf7 CSR 10-30]&lt;br /&gt;
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&#039;&#039;&#039;Utility Accommodation Policy:&#039;&#039;&#039; State DOTs are required to develop policies and procedures pertaining to the use, accommodation, and/or relocation of public and private utility facilities on highway rights-of way using Federal-aid highway funds. State DOTs are required to develop, maintain, and obtain FHWA approval of their Utility Accommodation Policy (UAP) (23 CFR section 645.215). This EPG article 643 and subarticles 643.1 through 643.3 are Missouri Department of Transportation (MoDOT)’s Utility Accommodation Policy. Text in EPG 643 consolidates various federal and state statutes and rules into a single, cohesive, workable policy to outline processes for MoDOT staff and utility owners.&lt;br /&gt;
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&#039;&#039;&#039;Delegation of Work:&#039;&#039;&#039; Each MoDOT district is responsible for ensuring implementation of the UAP outlined in the subsequent EPG articles. Each district can create its own organization for whom is responsible for the work including between divisions and job titles. Work responsibilities within this article and subarticles are generic where possible. If a specific title is included, that title has sole responsibility for that item of work.&lt;br /&gt;
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&#039;&#039;&#039;643 documents not being used&#039;&#039;&#039;&lt;br /&gt;
[[media:144 Major Highway System 2022.pdf|major routes]]&lt;br /&gt;
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&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643.1 Utility Location  &#039;&#039;PAGE TITLE&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt; &lt;br /&gt;
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The information in this article provides a uniform system for regulating the location, construction, maintenance, removal, and relocation of utility facilities on the right of way of roadways located on the state highway system. It also provides for the facilitation of construction and maintenance of these roadways. Any location or relocation of utility facilities contrary to this information is an interference with the construction, maintenance, or operation of a state highway and its right of way and is prohibited.&lt;br /&gt;
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==643.1.1 Permits==&lt;br /&gt;
All utility owners are required to obtain a permit to work on Missouri Highway and Transportation Commission (Commission) right of way. A permit is required for original installation of the utility facility, on-going maintenance of the utility facility, or adjustments to a utility facility necessary to allow highway construction. Per [[127.29_Stormwater#127.29.4.3_MCM_3:_Illicit_Discharge_Detection_and_Elimination_(IDDE)_Program|EPG 127.29.4.3]], discharges of anything other than stormwater are not permitted. A deposit or bond is required to ensure completion of the work in accordance with the permit issued. An [https://www.modot.org/permits application for a permit] may be made on established forms specifically stating the nature of the work to be performed. Applications for permits may be obtained at any of the [https://www.modot.mo.gov/ seven (7) district highway offices] of the Commission, [https://www.modot.mo.gov/ MoDOT&#039;s website], or by requesting it from the office of the Missouri Highways and Transportation Commission in Jefferson City, Missouri. The application for a permit will specifically state the nature of the work to be performed, what specific type of utility facility is to be installed, and, if necessary, the timeframe of any temporary use. Piping of any type of sewage or waste will only be allowed providing any permitting by a regulatory agency, such as Missouri Department of Natural Resources, can be provided. Prior to obtaining a permit through MoDOT’s permit system, a utility owner will be required to provide a bond to ensure satisfactory work and complete a TR50 Electronic Signature Agreement with the Commission. The name of the utility owner must match on the bond, TR50, and in the permit system. More information on permitting can be found in [[:Category:941_Permits_and_Access_Requests|EPG 941]].&lt;br /&gt;
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===643.1.1.1 Emergency Work===&lt;br /&gt;
When emergency operations work is necessary, the damaged utility facility may be accessed immediately and without a permit by leaving the pavement at such points as may be necessary to effect emergency repairs, provided immediate notice is given to the Missouri State Highway Patrol and the district utilities staff for the district wherein the work will be performed, and a permit for emergency operations is requested immediately upon discovery of the need for emergency operations. A permit for emergency operations work is to be obtained as soon as practical, but in no event later than two (2) working days after the emergency operations work has commenced. Emergency operations include, but are not limited to, unplanned work in response to utility facilities being so damaged as to constitute an emergency situation directly affecting or endangering traffic on the highway or public health or safety.&lt;br /&gt;
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===643.1.1.2 Third-Party Inspection===&lt;br /&gt;
When a utility owner has a large number of projects in a given area or projects involving great complexity, MoDOT reserves the right to limit the number of permits open at any given time. With approval of the district utilities staff, a utility owner may hire a third-party inspector, at their cost. The third-party inspector will allow the utility owner to increase the number of permits open at any given time. The responsibility of the third-party inspector will be to ensure the installation of the utility facility proceeds in a manner consistent with the plans approved in the permit, including all work zone requirements and conformity with MoDOT’s Standards and Specifications. The MoDOT approved third-party inspector will be listed in the permit. MoDOT may audit third-party inspections and revoke the right to use third-party inspections should the inspectors fail to perform their duties.&lt;br /&gt;
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===643.1.1.3 Abandoned Utility Facilities===&lt;br /&gt;
All utility facilities installed in Commission right of way are the property of the utility owner whether the utility facility is active or inactive. MoDOT may allow a utility facility to remain on Commission right of way whether the utility facility was abandoned for a MoDOT project or at the utility owner’s discretion. MoDOT may place requirements (such as removing inactive fiber optic cables, grouting pipes, removing valves) on the utility owner as part of the process of abandoning a utility facility. Liability for damage to Commission right of way due to an abandoned facility remains the responsibility of the utility owner. In the event MoDOT requires the removal of the abandoned utility facility, responsibility for the cost of the removal will be determined per [[#643.2.8_Cost_Responsibility|EPG 643.2.8]].&lt;br /&gt;
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==643.1.2 Definitions==&lt;br /&gt;
&#039;&#039;&#039;Bridge Attachment:&#039;&#039;&#039; A bridge attachment is any utility facility, including communication lines and electrical lines, or any other utility facility of a similar nature that is fastened to a bridge for the purpose of spanning an obstacle.&lt;br /&gt;
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&#039;&#039;&#039;Clear zone:&#039;&#039;&#039; The total roadside border area starting at the edge of the traveled way, available for safe use by errant vehicles. This area may consist of a shoulder, a recoverable slope, a non-recoverable slope, and/or the area at the toe of a non-recoverable slope available for safe use by an errant vehicle. Clear zone dimensions are provided in the current edition of American Association of State Highway Transportation Officials Roadside Design Guide.&lt;br /&gt;
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&#039;&#039;&#039;Ditch Line:&#039;&#039;&#039; A line where the roadway ditch meets the back slope. It is located at the lowest point of a V-bottom ditch or furthest point from the roadway of a flat bottom ditch where the roadway slopes back to the existing ground line.&lt;br /&gt;
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&#039;&#039;&#039;Duct:&#039;&#039;&#039; An enclosed tubular casing, or raceway, for protecting wires, lines, or cables that is often flexible or semi-rigid (1-3% diametric deflection). The casing, or raceway, is separate from the cable or conductor that passes through it.&lt;br /&gt;
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&#039;&#039;&#039;Encasement:&#039;&#039;&#039; The term encasement means the placing of an installation around and outside of an underground facility consisting of a larger conduit that permits the removal and replacement of the facility. An alternate to the conduit type encasement is reinforced concrete poured around the utility facility. Utility owners are allowed to use any types of material as a carrier and encasement for its facilities as expressly provided for in the permit issued for the installation of the utility facility.&lt;br /&gt;
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&#039;&#039;&#039;Freeway:&#039;&#039;&#039; A divided arterial highway with full control of access.&lt;br /&gt;
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&#039;&#039;&#039;Highway:&#039;&#039;&#039; Any public way for vehicular travel, including the entire area within the right of way and related facilities constructed or improved and maintained by the Missouri Highways and Transportation Commission (MHTC) acting through the Missouri Department of Transportation (MoDOT).&lt;br /&gt;
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&#039;&#039;&#039;Interchange Limits:&#039;&#039;&#039; For the uniform handling of utility installations only, the limits of an interchange are the outside ramp curve points. See [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_1_TypicalInterchangeLimits_AOD.pdf EPG Figure 643.1.1] for an example.&lt;br /&gt;
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&#039;&#039;&#039;Interstate System or Other Freeways/Expressways:&#039;&#039;&#039; Interstate highways and highways with fully controlled access.&lt;br /&gt;
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&#039;&#039;&#039;Major Routes (Interstates, Freeways/Expressways and Principal Arterials):&#039;&#039;&#039; The major highway system is all routes functionally classified as principal arterials. The principal arterial system provides for statewide or interstate movement of traffic. The major roads in Missouri total approximately 5,500 centerline miles.&lt;br /&gt;
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&#039;&#039;&#039;Minor Routes:&#039;&#039;&#039; The minor highway system is all routes functionally classified as minor arterials or collectors. These routes mainly serve local transportation needs. The minor roads in Missouri total approximately 28,400 centerline miles.&lt;br /&gt;
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&#039;&#039;&#039;Normal Right of Way Line:&#039;&#039;&#039; An imaginary line that connects sudden breaks in the major right of way points for roadways. Sight distance right of way points (triangles) at roadway intersections are not to be considered as sudden breaks for determining normal right of way.&lt;br /&gt;
[[File:fig_643.1.2-06_2026.jpg|none|700px|thumb|Figure 643.1.2 Normal Right of Way Line.]]&lt;br /&gt;
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&#039;&#039;&#039;Private Lines:&#039;&#039;&#039; Privately owned utility facilities which convey or transmit the commodities outlined in the definition of utility facility of this section but devoted exclusively to private use.&lt;br /&gt;
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&#039;&#039;&#039;Scenic Enhancement Areas:&#039;&#039;&#039; Scenic enhancement areas include areas acquired or so designated as scenic strips, overlooks, rest areas, recreation areas, and the right of way of adjacent roadways and the right of way of roadways that pass through public parks and historic sites as described under 23 USC 138.&lt;br /&gt;
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&#039;&#039;&#039;Utility Corridor:&#039;&#039;&#039; An area established for the placement of utility facilities parallel to the normal right of way line.&lt;br /&gt;
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&#039;&#039;&#039;Utility Facility:&#039;&#039;&#039; Privately, publicly, or cooperatively owned line, facility, or system for producing, transmitting, or distributing communications, cable television, power, electricity, light, heat, gas, oil, crude products, water, steam, waste, storm water not connected with highway drainage or any other similar commodity, including any fire or police signal system or street lighting system which directly or indirectly serves the public and does not include privately owned facilities devoted exclusively to private use. The term &amp;quot;utility facility&amp;quot; includes those facilities used solely by the utility owner that are a part of its operating plant.&lt;br /&gt;
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&#039;&#039;&#039;Utility Owner:&#039;&#039;&#039; The utility owner is the utility company, inclusive of any wholly owned or controlled subsidiary, or city or county which owns utility facilities. The term also includes those government agencies that lease a utility facility for its own use or otherwise dedicated solely to governmental use.&lt;br /&gt;
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&#039;&#039;&#039;Variance:&#039;&#039;&#039; A one- (1-) time deviation from the requirements for location or relocation of utility facilities on the right of way of highways in the state highway system as established in [https://www.sos.mo.gov/cmsimages/adrules/csr/current/7csr/7c10-3.pdf Title 7 Code of State Regulations 10-3], requested by the utility, and approved by a MoDOT District Design Engineer.&lt;br /&gt;
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==643.1.3 Location of Utility Facilities==&lt;br /&gt;
Utility facilities paralleling the roadway should be installed in the utility corridor except as outlined below. The utility corridor is the space for all utility owners generally within six feet (6’) of the normal right of way line. When considering if the current utility corridor is available to expand from six feet (6’) to as much as twelve feet (12’), MoDOT determines if the expansion is warranted. In making the determination, MoDOT will consider the existing utilization of the original six feet (6’) corridor. Poles must remain within two feet (2’) of the normal right of way line unless approved by a variance. The utility corridor will only be expanded beyond six feet (6’) if the original six feet (6’) corridor is fully utilized and additional space would be required to accommodate additional utility facilities. Acquisition of additional right of way to establish a twelve feet (12’) corridor is not required on highway construction projects. For depths for underground utility facilities, see [[#643.1.4.1_Minimum_Cover_for_Underground_Facilities|EPG 643.1.4.1]].&lt;br /&gt;
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Utility facilities crossing the roadway should be installed as close to ninety degrees (90°) to the centerline of the roadway as possible and based on the guidelines below depending on the type of roadway. See [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_3_TypicalUtilityCorridor-InterchangeatMajorRoute_AOD.pdf EPG Figure 643.1.3] and [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_4_TypicalUtilityCorridor-InterchangeatMinorRoute_AOD.pdf EPG Figure 643.1.4] for typical utility corridors around interchanges.&lt;br /&gt;
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===643.1.3.1 Interstate System or Other Major Freeways/Expressways===&lt;br /&gt;
The installation of all utility facilities on highways of the Interstate System or other major freeways/expressways with fully controlled access are to be installed, serviced, and maintained without entering or leaving the roadway and ramps except at points approved by MoDOT for that purpose and without parking any equipment or storing materials upon the medians, roadway and ramps, or shoulders of the roadways. Cutting or damaging the pavement or paved shoulders is not permitted. New service connections to existing parallel utility facilities are to be permitted only where an outer roadway exists and then only where access is permitted by the Commission. Careful consideration will be given to the location of guys, anchors, braces, and other supports. Generally, good design practice will provide that appurtenances be located at right of way jogs, along intersecting road right of way, or at other similar acceptable locations, so that encroachment is held to an absolute minimum.&lt;br /&gt;
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No utility facilities will be permitted within the interchange limits of an interchange between fully limited access highways where planned or existing. Utility facilities within the interchange limits of an interchange with a non-access controlled highway will be permitted only along the minor road, provided that all construction, service, and maintenance can be performed from the minor road. Manholes and poles must be located beyond the ramp termini.&lt;br /&gt;
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For structures carrying or over interstates or other major freeways/expressways, see [[#643.1.5_Bridge_Attachment_Policy|EPG 643.1.5]].&lt;br /&gt;
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====643.1.3.1.1 Utility Facilities Crossing the Interstate or Other Major Freeways/Expressways====&lt;br /&gt;
=====643.1.3.1.1.1 Overhead Crossings of the Interstate or Other Major Freeways/Expressways=====&lt;br /&gt;
Overhead crossings of utility facilities are permitted only for power transmission and distribution lines and for multiple circuit communication lines where an underground installation is not economically feasible. Supports for existing utility facilities crossing overhead may remain on the right of way provided they are near the right of way line regardless of the presence of an outer road. Supports for new overhead utility facilities crossing overhead may be located on the right of way near the right of way line where an outer roadway exists and are to be located off the right of way where no outer roadway exists. Overhead service crossings are only permitted in isolated cases for residential or commercial establishments when the denial of the crossing would require construction of more than 1,200 feet (1,200’) of utility line to provide the service. Main or distribution line crossings are required to serve a general area other than isolated cases.&lt;br /&gt;
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=====643.1.3.1.1.2 Underground Crossings of the Interstate or Other Major Freeways/Expressways=====&lt;br /&gt;
Underground crossings of utility facilities are to be continuously encased under the pavement, medians, ramps, and shoulders with the casing extending to the toe of the fill slopes or to the ditch line. In curbed sections, encasement should extend outside the outer curb of the roadways a distance equal to the depth of the encasement at the curb line. Where installed by open trench through unpaved areas, detector tape should be placed approximately one foot (1&#039;) above the encasement. Where an interstate or other major freeway has a parallel outer roadway, encasement should be continuous under all roadways within the right of way.&lt;br /&gt;
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Manholes or vent pipes are to be located at the right of way line or adjacent to the outer roadway.&lt;br /&gt;
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For fiber optic cable, encasement should extend from within six feet (6&#039;) of one right of way line to within six feet (6&#039;) of the other right of way line.&lt;br /&gt;
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Exceptions may be made for encasement as listed in [[#643.1.4.2_Exceptions_to_Encasement|EPG 643.1.4.2]].&lt;br /&gt;
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====643.1.3.1.2 Parallel Installations along the Interstate or Other Major Freeways/Expressways====&lt;br /&gt;
New parallel installations on the right of way may be permitted only where an outer roadway exists, provided that poles are within two feet (2&#039;) of the normal right of way line and underground utility facilities are within the utility corridor, and provided that the utility facility can be installed and maintained between the outer roadway and the right of way line. Existing overhead or underground utility facilities that parallel an existing roadway which will be incorporated into a completed highway as an outer roadway may remain in place if all maintenance and service can be performed from an outer roadway and the existing location does not interfere with construction, maintenance, or operation of the completed highway. If an existing parallel utility facility needs to be relocated so as to not interfere with the construction, maintenance, or operation of the completed interstate or other major freeway, poles may be located withing five feet (5’) of the right of way line.&lt;br /&gt;
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Underground utility facilities are expected to be buried within the utility corridor of sight distance triangles (SDTs) at roadway intersections unless granted a variance. Overhead utility facilities may be allowed to span intersecting roadways with SDTs provided the poles, or supports, are located outside the SDT.&lt;br /&gt;
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====643.1.3.1.3 Sanitary Sewers within the Right of Way of Interstates or Other Major Freeways/Expressways====&lt;br /&gt;
New installations of sanitary sewers should follow the applicable guidelines for either underground crossings or parallel installations as appropriate. Existing gravity trunk sanitary sewers should be considered individually and removed or left in place contingent upon its age, condition, feasibility of moving, and maintenance access. Encasement of existing trunk sewers left in place may be required for questionable condition, protection during construction, or heavy fills.&lt;br /&gt;
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Manholes should be relocated to the right of way lines or adjacent to an outer roadway.&lt;br /&gt;
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===643.1.3.2 Major Routes===&lt;br /&gt;
For structures carrying or over major routes, see [[#643.1.5_Bridge_Attachment_Policy|EPG 643.1.5]].&lt;br /&gt;
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====643.1.3.2.1 Major Routes with Partially Controlled Access Right of Way====&lt;br /&gt;
The installation of all utility facilities on highways with partially controlled access right of way are to be installed, serviced, and maintained without entering or leaving the roadway and ramps except at points approved by MoDOT for that purpose and without parking any equipment or storing materials upon the medians, roadway and ramps, or shoulders of the roadways. Cutting or damaging the pavement or paved shoulders is not permitted. Equipment or materials stored within the right of way must be protected by longitudinal barrier or be located outside the clear zone. New service connections to existing parallel utility facilities are to be permitted only where granted by the Commission.&lt;br /&gt;
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No utility facilities will be permitted within the interchange limits of an interchange between fully limited access highways where planned or existing. Utility facilities within the interchange limits of an interchange with a non-access controlled highway will be permitted only along the minor road, provided that all construction, service, and maintenance can be performed from the minor road. Manholes and poles must be located beyond the ramp termini.&lt;br /&gt;
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====643.1.3.2.2 Major Routes with Normal Access Right of Way====&lt;br /&gt;
All new utility facilities will be installed and maintained without cutting or damaging the pavement or paved shoulders except in the event underlying rock formations or other obstructions are encountered that prevent boring or pushing operations. A variance may be granted for pavement cuts when the need is established. Pavement cuts may only be made by permits issued when it is impractical to otherwise service and maintain the facility. The installation of all utility facilities is to be installed without parking any equipment or storing materials upon the medians, roadway and ramps, or shoulders of the roadways. Equipment or materials stored within the right of way must be protected by longitudinal barrier or be located outside the clear zone.&lt;br /&gt;
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====643.1.3.2.3 Utility Facilities Crossing Major Routes====&lt;br /&gt;
=====643.1.3.2.3.1 Overhead Crossings of Major Routes=====&lt;br /&gt;
Supports for utility facilities crossing overhead should be located as near the right of way line as possible. For major routes with controlled access right of way, new overhead service crossings may be permitted in isolated cases for residential or commercial establishments where the denial of such crossings would require the construction of more than 1,200 feet (1,200’) of utility line to provide the same service. For major routes with normal access right of way, there is no restriction on the placement of service crossings.&lt;br /&gt;
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=====643.1.3.2.3.2 Underground Crossings of Major Routes=====&lt;br /&gt;
Underground crossings of utility facilities are to be continuously encased under the pavement, medians, ramps, and shoulders with the casing extending to the toe of the fill slopes or to the ditch line. In curbed sections, encasement should extend outside the outer curb of the roadways a distance equal to the depth of the encasement at the curb line. Where installed by open trench through unpaved areas, detector tape should be placed approximately one foot (1&#039;) above the encasement. Where a major route has a parallel outer roadway, encasement should be continuous under all roadways within the right of way.&lt;br /&gt;
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Manholes or vent pipes are to be located at the right of way line or adjacent to the outer roadway.&lt;br /&gt;
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For fiber optic cable, encasement should extend from within six feet (6&#039;) of one right of way line to within six feet (6&#039;) of the other right of way line.&lt;br /&gt;
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Exceptions may be made for encasement as listed in [[#643.1.4.2_Exceptions_to_Encasement|EPG 643.1.4.2]].&lt;br /&gt;
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====643.1.3.2.4 Parallel Installations along Major Routes====&lt;br /&gt;
New parallel installations on the right of way may be permitted provided that poles are within two feet (2&#039;) of the normal right of way line and underground utility facilities are within the utility corridor. Existing overhead or underground utility facilities that parallel an existing roadway which will be incorporated into a completed highway may remain in place if all maintenance and service can be performed without entering or leaving the roadway except at approved access points; without parking equipment or storing materials on the median, pavement, ramps, or shoulders; and the existing location does not interfere with construction, maintenance, or operation of the completed highway. If an existing parallel utility facility needs to be relocated so as to not interfere with the construction, maintenance, or operation of the completed highway, poles may be located withing five feet (5’) of the right of way line.&lt;br /&gt;
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Existing steel pipe transmission and distribution facilities for gaseous petroleum products that parallel an existing roadway that will be incorporated into the completed roadway may be left in place subject to an agreement by the utility owner that maintenance or service and facility expansion will be performed without cutting or damaging the pavement or interfering with the construction, maintenance, and operation of the highway and provided that the facility is cathodically protected against corrosion and meets the applicable material requirements.&lt;br /&gt;
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Underground utility facilities are expected to be buried within the utility corridor of sight distance triangles (SDTs) at roadway intersections unless granted a variance. Overhead utility facilities may be allowed to span intersecting roadways with SDTs provided the poles, or supports, are located outside the SDT.&lt;br /&gt;
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====643.1.3.2.5 Sanitary Sewers within the Right of Way of Major Routes====&lt;br /&gt;
New installations of sanitary sewers should follow the applicable guidelines for either underground crossings or parallel installations as appropriate. An existing gravity trunk sanitary sewer should be considered individually and removed or left in place contingent upon its age, condition, feasibility of moving, and maintenance access. If an existing parallel gravity main is left in place within the limits of the paved surface, paved shoulder lines, or curb lines, stub mains as required will be laid between the sewer main and curb or shoulder lines for future service connections in each block. Manholes should be relocated outside the traveled roadway as near the right of way line as practical.&lt;br /&gt;
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===643.1.3.3 Minor Routes===&lt;br /&gt;
For structures carrying or over minor routes, see [[#643.1.5_Bridge_Attachment_Policy|EPG 643.1.5]].&lt;br /&gt;
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====643.1.3.3.1 Utility Facilities Crossing Minor Routes====&lt;br /&gt;
=====643.1.3.3.1.1 Overhead Crossings of Minor Routes=====&lt;br /&gt;
Existing overhead crossings that interfere with construction, maintenance, or operation should be relocated with their supports as near the right of way line as is practical. New overhead crossing installations should be located with their supports as near the right of way line as is practical.&lt;br /&gt;
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=====643.1.3.3.1.2 Underground Crossings of Minor Routes=====&lt;br /&gt;
All new utility facilities should be installed and maintained without cutting or damaging the pavement or paved shoulders. A variance may be granted for pavement cuts when servicing and maintaining the facility by any other methods is impractical. Pavement cuts may only be made by permits issued. Underground crossings of utility facilities are to be continuously encased under the pavement, medians, ramps, and shoulders with the casing extending to the toe of the fill slopes or to the ditch line. In curbed sections, encasement should extend outside the outer curb of the roadways a distance equal to the depth of the encasement at the curb line. Where installed by open trench through unpaved areas, detector tape should be placed approximately one foot (1&#039;) above the encasement.&lt;br /&gt;
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Manholes or vent pipes are to be located at the right of way line or adjacent to the outer roadway.&lt;br /&gt;
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For fiber optic cable, encasement should extend from within six feet (6&#039;) of one right of way line to within six feet (6&#039;) of the other right of way line.&lt;br /&gt;
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Exceptions may be made for encasement as listed in [[#643.1.4.2_Exceptions_to_Encasement|EPG 643.1.4.2]].&lt;br /&gt;
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====643.1.3.3.2 Parallel Installations along Minor Routes====&lt;br /&gt;
New parallel installations on the right of way may be permitted provided that poles are within two feet (2&#039;) of the normal right of way line and underground utility facilities are within the utility corridor. Existing overhead or underground utility facilities that parallel an existing roadway which will be incorporated into a completed highway may remain in place if all maintenance and service can be performed without entering or leaving the roadway except at approved access points; without parking equipment or storing materials on the median, pavement, ramps, or shoulders; and the existing location does not interfere with construction, maintenance, or operation of the completed highway. If an existing parallel utility facility needs to be relocated so as to not interfere with the construction, maintenance, or operation of the completed highway, poles may be located within five feet (5’) of the right of way line.&lt;br /&gt;
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Underground utility facilities are expected to be buried within the utility corridor of sight distance triangles (SDTs) at roadway intersections unless granted a variance. Overhead utility facilities may be allowed to span intersecting roadways with SDTs provided the poles, or supports, are located outside the SDT.&lt;br /&gt;
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====643.1.3.3.3 Sanitary Sewers within the Right of Way of Minor Routes====&lt;br /&gt;
New installations of sanitary sewers should follow the applicable guidelines for either underground crossings or parallel installations as appropriate. An existing gravity trunk sanitary sewer should be considered individually and removed or left in place contingent upon its age, condition, feasibility of moving, and maintenance access. If an existing parallel gravity main is left in place within the limits of the paved surface, paved shoulder lines, or curb lines, stub mains as required will be laid between the sewer main and curb or shoulder lines for future service connections in each block. Manholes should be relocated outside the traveled roadway.&lt;br /&gt;
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===643.1.3.4 Roundabouts===&lt;br /&gt;
Regardless of roadway type, it is desirable to avoid locating utility facilities and their access points within the circulatory roadway. If possible, utility facilities are located in the legs of the roundabout to allow for future maintenance and access at an isolated leg versus affecting the entire roundabout. See [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_5_TypicalLocationofUtilityFacilitiesnearRoundabouts_AOD.pdf EPG Figure 643.1.5] for an example.&lt;br /&gt;
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===643.1.3.5 Utility Facilities in Scenic Enhancement Areas===&lt;br /&gt;
All existing utility facilities within the limits of a scenic enhancement area requiring adjustment because of construction or reconstruction will be placed underground or relocated beyond the limits of the scenic enhancement area. No new above ground facilities will be permitted. New underground facilities will be permitted provided they do not extensively alter or impair the appearance of the area.&lt;br /&gt;
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==643.1.4 Installation of Utility Facilities==&lt;br /&gt;
The following sections provide information on the physical installation of utility facilities within highway right of way.&lt;br /&gt;
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===643.1.4.1 Minimum Cover for Underground Facilities===&lt;br /&gt;
The minimum cover for new underground utilities is:&lt;br /&gt;
* Forty-two inches (42”) for all water lines (parallel and crossings).&lt;br /&gt;
* Forty-two inches (42”) for fiber optic cable (crossings encased in rigid conduit).&lt;br /&gt;
* Seventy-two inches (72”) for fiber optic cable (crossings encased in polyethylene (PE) pipe).&lt;br /&gt;
* Thirty inches (30”) for direct burial and in trench fiber optic cable (parallel).&lt;br /&gt;
* Twenty-four inches (24”) for all other direct burial copper or coaxial cable, (parallel).&lt;br /&gt;
* Seventy-two inches (72”) for uncased polyethylene (PE) gas pipe crossings under ditches and roadways but thirty inches (30”) elsewhere.&lt;br /&gt;
* Thirty inches (30”) for all other (such as, but not limited to, gravity sewers, forced sewers, and electric) underground utilities (both parallel and crossing).&lt;br /&gt;
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===643.1.4.2 Exceptions to Encasement===&lt;br /&gt;
Exceptions may be made for encasement as follows:&lt;br /&gt;
* Non-fiber communication or electric cables installed in ducts.&lt;br /&gt;
* Welded steel pipelines carrying gaseous or liquid petroleum products - provided they are cathodically protected against corrosion, triple-coated in accordance with accepted pipeline construction standards, and meet applicable material requirements.&lt;br /&gt;
* Natural gas distribution pipe (nominal six-inch (6”) diameter maximum) of polyethylene (PE) plastic, traceable, installed by a horizontal bore method at a minimum depth of seventy-two inches (72”) under ditches and roadways, constructed in accordance with and meeting applicable material requirements.&lt;br /&gt;
* Gas service connections protected and constructed in accordance with and meeting applicable material requirements.&lt;br /&gt;
* Encasement is not required for new trunk sanitary sewer crossings of vitrified clay, reinforced concrete or cast iron except when installation procedures would produce voids in the roadbed, heavy fills, or installations under pressure.&lt;br /&gt;
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===643.1.4.3 Above Ground or Ground Level Appurtenances===&lt;br /&gt;
Appurtenances protruding more than four inches (4”) above the ground line should be located outside the clear zone. If no feasible alternative exists and if permitted by a variance, appurtenances may be allowed within the clear zone if they meet breakaway criteria or will be shielded by a traffic barrier. Good design practice will provide that appurtenances be located at right of way jogs, along intersecting road right of way, or at other similar acceptable locations, so that encroachment is held to an absolute minimum. Cables, wires, small diameter pipes, and other such utility appurtenances extending from the surface of the ground should be equipped with covers or guards to improve their visibility. Appurtenances within sidewalks or street level pedestrian access routes are to be in conformance with the Americans with Disabilities Act requirements.&lt;br /&gt;
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The maximum pull box width perpendicular to the right of way line within the utility corridor is thirty inches (30”).&lt;br /&gt;
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===643.1.4.4 Overhead Utility Facilities===&lt;br /&gt;
The vertical clearance of new or existing overhead installations will not be less than the current minimum requirements of the National Electric Safety Code, but in no case less than eighteen feet (18’) inclusive of sag above the groundline for electrical facilities. Clearance may be reduced for overhead installations of cable, telephone, or fiber optic facilities.&lt;br /&gt;
A minimum radial clearance of twenty-five feet (25’) is provided from any utility facility to the nearest part of any bridge structure. A minimum radial clearance of ten feet (10’) is provided from the nearest charged electrical line to a MoDOT signal, lighting, ITS, or overhead sign structure.&lt;br /&gt;
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===643.1.4.5 Approved Materials===&lt;br /&gt;
Utility owners are allowed to use any material for underground utility facilities including carrier and encasement provided they accept responsibility for any future repairs and/or replacement of damaged MoDOT facilities should a failure occur. This will allow the use of current technology and procedures to provide the best value to its subscribers and the taxpayers of Missouri. For materials that MoDOT also uses in its highway system, utility owners must provide materials that meet the current [https://www.modot.org/missouri-standard-specifications-highway-construction Missouri Standard Specifications for Highway Construction]. For materials not listed in the Missouri Standard Specifications for Highway Construction, the utility owner should provide documentation of the standards used to determine suitability of the material.&lt;br /&gt;
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===643.1.4.6 Cutting===&lt;br /&gt;
In the event permission is granted to cut an existing concrete or asphalt pavement or sidewalk, the appropriate provisions below should be followed.&lt;br /&gt;
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====643.1.4.6.1 Pavement====&lt;br /&gt;
All pavement cuts should be made with a saw to the full depth of the pavement. The width of the cut is typically determined by the width of the trench plus a minimum one foot (1’) on each side of the trench. In the event the distance to any adjacent longitudinal or transverse joint or crack is less than four feet (4’), the pavement must be removed to the joint or crack. Cuts for perpendicular service tie-ins should be a minimum of three feet (3’) wide. Longitudinal main installations are typically cut at a minimum of half the lane width, but in no instance should the cut be along the wheel path of the lane.&lt;br /&gt;
[[File:fig_643.1.6-06_2026.jpg|800px|none|thumb|Figure 643.1.6 Pavement Repair Dimension Requirements.]]&lt;br /&gt;
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The utility facilities should be placed in a location with the least impact to the roadway. Typically, this leads to placement in the shoulder when available followed by the two-way left turn lane (TWLTL), and then outside lanes before allowing placement in interior through lanes. Lane switching should be kept to a minimum and should not be used to minimize repair sizes. Cuts for mains or service leads that may not be perpendicular to the roadway should be squared-off.&lt;br /&gt;
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Replacement of cut pavement should be full depth concrete in accordance with the current version at the time of installation of Section 613.10 Full Depth Pavement Repairs of the Missouri Standard Specifications for Highway Construction and the Missouri Standard Plans for Highway Construction. If the area of the pavement repair is not to be fully resurfaced all joints including the overcut from the sawing operation should be filled with an expansive mortar, epoxy, polyester, or joint material as approved by the Engineer in accordance with Section 1057 of the Missouri Standard Specifications for Highway Construction.&lt;br /&gt;
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====643.1.4.6.2 Pedestrian Access Routes====&lt;br /&gt;
All cuts in the pedestrian access routes whether asphalt or concrete should be made by saw and be the full depth of the material. Entire slabs of concrete sidewalk should be removed. Repair of the pedestrian access route must meet Americans with Disability Act requirements, see [[:Category:642_Pedestrian_Facilities|EPG 642]]. Cuts through curb ramps or detectable warning areas are not permitted. Rather the entire curb ramp or detectable warning area must be removed and replaced. MoDOT district ADA contacts can help ensure ADA compliance of impacted pedestrian access routes.&lt;br /&gt;
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===643.1.4.7 Non-disturbance Areas===&lt;br /&gt;
MoDOT has certain areas of right of way where mowing, spraying, digging, or other vegetation disturbance activities are restricted. These areas have been established to mitigate the environmental impacts of a previous project and should be avoided. If the areas cannot be avoided, contact MoDOT’s Environmental Section.&lt;br /&gt;
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==643.1.5 Bridge Attachment Policy==&lt;br /&gt;
No utility facility will be permitted in or on a structure carrying an interstate or other freeway unless it is part of a federal requirement or for MoDOT’s use. When the structure carries any other road type and no other practical means exists for the crossing, wires (communication, electrical, fiber, or metal) will be permitted. Electrical lines must be located to cause minimum exposure to MoDOT maintenance personnel and the public. Pressurized pipelines for gas or other petroleum products and water and all sewer lines are prohibited on all structures due to the risks associated with their failure.&lt;br /&gt;
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===643.1.5.1 Agreement===&lt;br /&gt;
An agreement is required for all utility facilities attached to any structure. A charge will be made for the increased maintenance costs involved. This fee is set by the Bridge Division. When permitted, a 50-year occupational agreement is executed with the utility owner. Agreement BR04 Utility Attachment Agreement is used when an attachment is added to a bridge during its construction. Agreement BR09 Bridge Attachment Agreement is used when an attachment is added to an existing bridge.&lt;br /&gt;
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===643.1.5.2 Requests===&lt;br /&gt;
Requests to attach facilities to structures is a multi-step process. Bridge Division is responsible for approval of the bridge attachment. If at any point in the process, Bridge Division determines the attachment to be unacceptable, a reason is to be provided.&lt;br /&gt;
&lt;br /&gt;
To start, the utility owner submits a conceptual request to the district utilities staff. The conceptual request consists of an explanation of the proposal; a general location sketch (i.e., which side of the bridge); and details on the facility, length, and weight per foot when full. The district utilities staff should work with all relevant district personnel including the District Bridge Engineer in reviewing and recommending the attachment. The district utilities staff will submit the recommended details to the Bridge Division to determine the applicable costs including future maintenance costs and for attachments to new bridges, design and construction. Once the Bridge Division has determined the cost, the district utilities staff shares the cost with the utility owner for their concurrence with furthering the process. For new bridges, if the utility owner concurs with the costs, the district utility staff will prepare the BR04 Agreement for execution by the utility owner and the Commission. MoDOT will be responsible for the design and construction of attachments to new bridges. For existing bridges, the district utilities staff will forward the applicable as-built bridge plans to the utility owner for its use in designing the bridge attachment. The utility owner will provide detailed design drawings, signed and sealed by a professional engineer in the State of Missouri, to the district utilities staff for review. The district utilities staff should work with all relevant district personnel, including the District Bridge Engineer, in reviewing and recommending the details of the attachment to the Bridge Division. Once Bridge Division approves, the Bridge Division will prepare the BR09 Agreement for execution by the utility owner and the Commission. The utility owner is responsible for the construction of attachments to existing bridges. A flow chart, [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_7_BridgeAttachementProcess_AOD.pdf EPG Figure 643.1.7], of the process is available.&lt;br /&gt;
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Payment from the utility owner for the attachment will be sent to Financial Services by district utilities staff. For BR04 agreements, district utilities staff should discuss with Financial Services how to get the payment credited to the project constructing the attachment. For BR09 agreements, district utilities staff should copy Bridge Division on correspondence with Financial Serves. Checks should be made payable to Director of Revenue, Credit State Road Fund.&lt;br /&gt;
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For requests from government entities such as cities, counties, and other municipalities, the requested information should be submitted to Bridge Division as described above. However, the district utilities staff will take the lead in preparing the DE10 County Agreement or DE11 Municipal Agreement, as applicable, with input from Bridge Division and Bridge Maintenance. All fees are waived for government entities.&lt;br /&gt;
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===643.1.5.3 Considerations===&lt;br /&gt;
The following considerations are made in determining the acceptability of a bridge attachment. Unique situations will be discussed with the Bridge Division as required.&lt;br /&gt;
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====643.1.5.3.1 Bridge Asset Management Program====&lt;br /&gt;
Requests for bridge attachments should be reviewed for consistency with the district’s upcoming bridge asset management program needs. If a structure is due for rehabilitation or replacement in the near future, information should be provided to the utility owner indicating existing remaining life of the bridge. In some instances, it may be in MoDOT’s best interest to deny the request for attachment outright. In some instances, the utility owner may still choose to pursue the short-term attachment to the existing structure. In almost all cases, the utility owner is responsible for the cost of removing and/or relocating their utility facilities for a necessary repair, widening, improvement or reconstruction of the structure. Review existing agreements for cost responsibility for current attachments.&lt;br /&gt;
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====643.1.5.3.2 Aesthetics====&lt;br /&gt;
In reviewing a request for a bridge attachment, how the structure is viewed by the public will be considered. For example, is the structure over a scenic stream that is extensively used by canoeists, or does the structure span a road that may provide access to a park, campgrounds, or boat launching facilities? Is the structure a grade separation where the motoring public will see the attachment before they pass under it?&lt;br /&gt;
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====643.1.5.3.3 Method of Attachment====&lt;br /&gt;
In order to maintain structural integrity of any structures the following requirements will apply for attachments.&lt;br /&gt;
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=====643.1.5.3.3.1 Welding=====&lt;br /&gt;
Welding of hardware to structural steel members (i.e., flanges, webs, stiffeners, and diaphragms) whether in tension or compression is not permitted.&lt;br /&gt;
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=====643.1.5.3.3.2 Drilling=====&lt;br /&gt;
Drilling holes in any structural steel member is not permitted. Drilling holes for anchors into any prestressed concrete member is not permitted. Although permitted, drilling holes for anchors into the underside of bridge decks must be done with caution. It is recommended all anchors be installed to miss deck reinforcing steel. Generally, drilling into decks will not be allowed where sonotubes were used (voided slab bridges). The depth of the holes should be such that breaking out of the concrete on the top side of the deck does not occur.&lt;br /&gt;
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=====643.1.5.3.3.3 Corrosion=====&lt;br /&gt;
Attachment hardware will be new, properly coated to prevent corrosion or be of a non-corrosive material, and be designed to support the facility.&lt;br /&gt;
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====643.1.5.3.4 Location====&lt;br /&gt;
In general, attachments are made on the underneath side of the bridge deck. The condition of the bridge deck will dictate the location of the attachment supports. An exception may be attachments to trusses or other overhead structures.&lt;br /&gt;
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Attachments that may require manholes in bridge decks are not allowed.&lt;br /&gt;
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When attachments are required to structures over streams that may carry large drifts, they must be attached to the downstream side of the structure and above the lowest superstructure element. It is preferred to locate the attachment on the outside of the exterior girder. If aesthetics are a concern, a better appearance can be achieved by having the attachment made to the inside of the exterior girder and above the bottom of the lower flange to hide the conduit and the attaching hardware.&lt;br /&gt;
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Placement of utilities must not prevent the removal of old paint, the application of new paint on superstructure steel, or cause debris buildup, which could cause structural deterioration.&lt;br /&gt;
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====643.1.5.3.5 Construction and Maintenance====&lt;br /&gt;
If the attachment cannot be built while maintaining one (1) lane of traffic on the structure, it will not be allowed.&lt;br /&gt;
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Construction procedures that severely impact traffic may factor into the allowable location of the attachment on the structure.&lt;br /&gt;
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When scaffolding is to be attached or supported by bridge rails, bridge superstructure, or bridge substructure, the procedures for construction of the attachment must be reviewed.&lt;br /&gt;
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The utility owner or local entity will pay for, or be responsible for, the painting of the attachment, if necessary, when the bridge requires painting.&lt;br /&gt;
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==643.1.6 Private Lines==&lt;br /&gt;
Private lines are permitted to cross the right of way of a highway in the same manner as outlined for all utility facilities in above sections of this article. Parallel installations along the right of way of a highway are not permitted. Special conditions at a specific location that make adherence to this policy impractical will be submitted to the Chief Engineer for consideration of an acceptable alternative. In certain situations, it may be necessary to obtain approval from the Federal Highway Administration (FHWA) before approval to use the alternative can be given to the private utility owner.&lt;br /&gt;
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==643.1.7 Water and Sewer Separations==&lt;br /&gt;
The Missouri Department of Natural Resources (MoDNR) Safe Drinking Water Commission via 10 CSR 60-10 and Clean Water Commission via 10 CSR 20-8 govern the design of water and sewer lines in the vicinity of one another. Basic criteria are outlined below for information, and details are contained within the regulations. MoDOT is not responsible for providing or acquiring adequate right of way for utility owners to comply with MoDNR requirements.&lt;br /&gt;
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===643.1.7.1 Line Separations===&lt;br /&gt;
====643.1.7.1.1 Horizontal====&lt;br /&gt;
Sanitary and storm sewers are to be laid at least ten feet (10’) horizontally measured from outside edge to outside edge from any existing or proposed water main. In cases where it is not practical to maintain ten feet (10’) of separation, installation of the water main closer to the sewer is acceptable where the water main is installed in a separate trench or on an undisturbed earth shelf located on one (1) side of the sewer at an elevation so the bottom of the water main is at least eighteen inches (18”) above the top of the sewer.&lt;br /&gt;
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====643.1.7.1.2 Crossings====&lt;br /&gt;
Water mains are to be laid to provide a minimum vertical distance of eighteen inches (18”) vertically measured outside edge to edge from sanitary or storm sewers. This is the case whether the water main is above or below the sewer. One (1) full length of water pipe must be located so both joints will be as far from the sanitary or storm sewer line as possible. Special structural support for the water main or sanitary or sewer main may be required.&lt;br /&gt;
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====643.1.7.1.3 Exception====&lt;br /&gt;
When it is impossible to obtain proper horizontal and vertical separation as stipulated, the sewer will be designed and constructed equal to water pipe and will be pressure-tested to assure it is watertight prior to backfilling.&lt;br /&gt;
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===643.1.7.2 Water Supply Interconnections===&lt;br /&gt;
No physical connection is permitted between a public or private potable water supply system and any sanitary or storm sewer or appurtenance that would permit the passage of any sewage or polluted water into the water supply. No water pipe is permitted to pass through or come in contact with any part of a sanitary sewer manhole.&lt;br /&gt;
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===643.1.7.3 Water Works Structures===&lt;br /&gt;
Sewers are not permitted to be installed within fifty feet (50’) in any direction from any existing or proposed public water supply well or other water supply sources or structures.&lt;br /&gt;
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==643.1.8 Variances==&lt;br /&gt;
Occasionally, it is impractical to locate a utility facility in accordance with requirements outlined in this article. MoDOT may consider a utility owner’s request for a variance from these requirements on a case-by-case basis. The utility owner should complete a [https://epg.modot.org/forms/general_files/DE/UtilityVarianceApprovalForm.docx Utility Variance Approval Form] to be submitted to MoDOT for consideration. Variances on the Interstate System require approval of the Federal Highway Administration (FHWA). A flow chart, [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_8_VarianceApprovalProcess.pdf EPG Figure 643.1.8], of the variance process is available.&lt;br /&gt;
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A variance will not be permitted just for the convenience of the utility owner. The utility owner requesting a variance must provide all necessary information to properly evaluate if a variance should be approved. For example, a utility owner requesting a variance because “the utility corridor is full” must explore all reasonable options. It is suggested that the requestor pothole the existing utility corridor to confirm the location of existing utility facilities and provide that data to support the need to locate outside of the utility corridor due to its congestion.&lt;br /&gt;
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===643.1.8.1 Variance Process===&lt;br /&gt;
Any utility owner of a public utility facility may apply for a variance. The process for requesting a variance is as follows:&lt;br /&gt;
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====643.1.8.1.1 Submittal Requirements====&lt;br /&gt;
Utility owners submit to the district utilities staff a written request for a variance using the [https://epg.modot.org/forms/general_files/DE/UtilityVarianceApprovalForm.docx Utility Variance Approval Form]. The utility owner must clearly show the provision(s) or guideline(s) for which the variance is being requested; the condition(s) which the utility owner believes warrant(s) the granting of a variance; a thorough explanation of the reason(s) for the requested variance, including sufficient and appropriate documentation of safety, aesthetic, or constructability constraints that would be adverse to the function, access, or maintenance of the utility facility and not in the best interest of the public.&lt;br /&gt;
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====643.1.8.1.2 MoDOT Consideration of Variance Request====&lt;br /&gt;
The utility owner bears full responsibility for demonstrating to MoDOT’s satisfaction that the variance is the most appropriate way to serve the public interest. MoDOT may present to the utility owner and the utility owner must consider reasonable alternatives to the variance requested by the utility owner. In determining whether to grant a variance, district utilities staff will consider all relevant factors including, but not limited to: the requested variance is reasonably necessary for the convenience, safety, health, and/or welfare of the public; there is an exceptional or undue burden or hardship on the specific applicant; a physical impracticability that would result from the applicant’s adherence to the normal location requirements; and the requested variance will not impair the safe construction, maintenance, operation, and safety of public travel on the highway. District utilities staff may consult with the Design Liaison Engineer in evaluating variances.&lt;br /&gt;
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====643.1.8.1.3 Approval of Variances====&lt;br /&gt;
Once district utilities staff have agreed to accept a variance proposed by the utility owner, the [https://epg.modot.org/forms/general_files/DE/UtilityVarianceApprovalForm.docx Utility Variance Approval Form] and all supporting documentation is sent to the District Design Engineer (DDE) for approval. If a variance is on interstate right of way, the DDE-signed Variance Request Form and all supporting documentation is forwarded to the Design Liaison Engineer who will forward to FHWA for their concurrence.&lt;br /&gt;
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====643.1.8.1.4 Variance Appeal Informal Hearing====&lt;br /&gt;
If denied a variance, the utility owner has thirty (30) calendar days to request an informal hearing for the purpose of appealing the denial. Requests must be made in writing to the State Design Engineer, Missouri Department of Transportation, P.O. Box 270, Jefferson City, MO 65102. If the utility owner requests an informal hearing, MoDOT’s authorized representative will advise the applicant of the time, date, and place of the hearing. The hearing is not a contested case under RSMo 536. The rules of evidence will not apply at the hearing, and MoDOT’s decision after the conduct of the hearing is not subject to further appeal.&lt;br /&gt;
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==643.1.9 Excess Right of Way==&lt;br /&gt;
Prior to conveyance of excess right of way, the status of utility facilities within said parcel must be addressed. See [[236.5_Property_Management#236.5.12_Excess_Land_Conveyances_&amp;amp;_Relinquishments_–_Regulated_Utilities|EPG 236.5.12]].&lt;br /&gt;
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==643.1.10 Broadband==&lt;br /&gt;
Broadband development in the state of Missouri is handled by the Department of Economic Development (DED). MoDOT shares its approved Statewide Transportation Improvement Program (STIP) project list with DED. All MoDOT policies related to placement of utility facilities within Commission right of way as outlined in this EPG 643.1 are to be followed.&lt;br /&gt;
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==643.2.1 Introduction==&lt;br /&gt;
Improvements to the highway system often require negotiation between the Commission and a city, a county, or a public or private utility owner. The Commission’s district utilities staff is responsible for coordination of highway improvement projects with the utility owner’s representative. The impact to a utility, the responsibility for the cost of adjustments necessary to allow highway construction, the plan of adjustment of the utility, the responsibility of performance of work on utility facilities, and the schedule of the utility adjustment are all items that vary depending on the project and should be investigated and negotiated to ensure highway improvement projects are delivered on-time and on-budget. These should comply with Commission policy. A [https://epg.modot.org/forms/general_files/DE/flowchart.pdf flowchart] outlining all the utility adjustment processes (reimbursable and non-reimbursable relocations, Master Reimbursable Utility Agreements and Project Specific Agreements, etc.) are available in the list of figures at the top of the page. These processes will not always be in combination, but each should be considered with each project.&lt;br /&gt;
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The district utilities staff, in conjunction with the Transportation Project Manager (TPM), is expected to invite and encourage participation of utility owner representatives in MoDOT project meetings as needed.&lt;br /&gt;
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When a project involves utility adjustments for which the Commission is responsible for costs, the TPM should program the costs of the utility adjustments as non-contractual construction costs in the STIP Information Management System (SIMS).&lt;br /&gt;
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==643.2.2 Annual Utility Meeting==&lt;br /&gt;
Each district should hold an annual meeting with utilities to discuss current STIP projects in the district. The annual meeting should be held during each year&#039;s STIP preparations, ideally between January and May. All utility owners that have utility facilities in the district should be invited. The intent is to provide the utility owners with an idea of upcoming projects to allow them the opportunity to plan and budget for potential adjustments of their utility facilities, identify both MoDOT and utility roadblocks, and develop action plans to complete utility adjustments better, faster, and cheaper.&lt;br /&gt;
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==643.2.3 Determination of Existing Utilities==&lt;br /&gt;
District utilities staff should determine the appropriate level of effort needed to accurately identify existing utilities within the footprint of a proposed highway construction project. Aboveground utilities are easily identifiable via field checks; however, determination of the precise location of underground utilities can be more challenging and time consuming. Therefore, the district utilities staff should balance the risk of conflict with the highway construction project against the level of effort needed to determine the location.&lt;br /&gt;
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The level of effort on mapping utilities is dependent on the scope of the project and the potential for utilities having an impact on the construction of the project. The project schedule should include the time to complete this task accurately. The time and effort necessary for having accurate locates requires close interaction with the utility locators. Early contact with utility owner representatives may be necessary to accurately locate underground utility facilities.&lt;br /&gt;
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Various methods of determining existing underground utilities result in different levels of quality. ASCE Standard 38 Standard Guidance for Investigating and Documenting Existing Utilities classifies four levels of quality:&lt;br /&gt;
:1. Quality Level D: QL-D is the most basic level of information for utility locations. It comes solely from existing utility records or verbal recollections, both typically unreliable sources. It may provide an overall &amp;quot;feel&amp;quot; for the congestion of utilities but is often highly limited in terms of comprehensiveness and accuracy. QL-D is useful primarily for project planning and route selection activities.&amp;lt;br&amp;gt;&lt;br /&gt;
: ● Missouri 811 or “private-locate” markings are to be considered to be QL-D.&lt;br /&gt;
:2. Quality Level C: QL-C is probably the most used level of information. It involves surveying visible utility facilities (e.g., manholes, valve boxes, etc.) and correlating this information with existing utility records (QL-D information). When using this information, it is not unusual to find that many underground utilities have been either omitted or erroneously plotted. Therefore, its usefulness is primarily on rural projects where utilities are not prevalent or are not too expensive to repair or relocate.&lt;br /&gt;
:3. Quality Level B: QL-B involves the application of appropriate surface geophysical methods to determine the existence and horizontal position of virtually all utilities within the project limits. This activity is called &amp;quot;designating&amp;quot;. The information obtained in this manner is surveyed to project control. It addresses problems caused by inaccurate utility records, abandoned or unrecorded utility facilities, and lost references. The proper selection and application of surface geophysical techniques for achieving QL-B data is critical. Information provided by QL-B can enable the accomplishment of preliminary engineering goals. Decisions regarding location of storm drainage systems, footers, foundations, and other design features can be made to avoid conflicts with existing utilities. Slight adjustments in design can produce substantial cost savings by eliminating utility relocations.&lt;br /&gt;
:4. Quality Level A: QL-A, also known as &amp;quot;locating or potholing&amp;quot;, is the highest level of accuracy presently available and involves the full use of the subsurface utility engineering services. It provides information for the precise plan and profile mapping of underground utilities through the nondestructive exposure of underground utilities, and provides the type, size, condition, material, and other characteristics of underground features.&lt;br /&gt;
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For projects with scopes that have potential for utility conflicts, the minimum level of effort required is SUE Quality Level D. Locations of existing utilities are determined by requesting locates through Missouri 811, also known as the “One-Call” process. Missouri 811 locating requests should be carefully considered for the scope of work of the project. When necessary, the location of existing utilities should be established by a field survey of locate markings and features and shown on the roadway plans. Higher level SUE Quality Levels can be used on any project. Adjustment cost savings, whether to the MoDOT or to the utility owner, are beneficial to the taxpayer. Good SUE projects are typically urban in nature, or in congested areas, where the project footprint is to be minimized, or anytime accurate vertical and horizontal location of the utility facility might allow a design to avoid the utility facility thus preventing the need for the adjustment. The SUE process combines civil engineering, surveying, and geophysics. It utilizes several technologies, including vacuum excavation and surface geophysics.&lt;br /&gt;
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When proposed excavation or installation of subsurface features (drainage, equipment bases, etc.) falls within three feet (3’) of a marked Missouri 811 line, soft digging (hand digging, potholing, vacuum methods, pressurized air/water jetting, pneumatic hand tools, etc.) is required to more exactly locate the utility facility both horizontally and vertically. Utility facilities present within the right of way by permit, should be investigated by the utility owner. Utility facilities that would be reimbursable or partially reimbursable as defined in EP 643.2.8 will be investigated by MoDOT.&lt;br /&gt;
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==643.2.4 Conflict Determination==&lt;br /&gt;
Determination of whether a conflict exists between an existing utility facility and a proposed highway improvement project should occur at the earliest possible stage of project development. A conflict may be the result of the physical interaction between the roadway infrastructure and utility facility, a reduction in cover or increase in fill over underground utilities, a reduction in horizontal clearance whether above or below ground, a reduction in overhead vertical clearance, paving over utilities, or restricting a utility owner’s access to its utility facilities. District utilities staff should work with utilities to determine if a conflict exists and the appropriate plan of adjustment to remedy the conflict. The adjustment to the utility may be a relocation or another measure that protects the utility or access to the utility from the proposed highway improvement project. Determination of a conflict needs to be continually re-evaluated as the project design progresses. Continuing coordination is essential.&lt;br /&gt;
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==643.2.5 Utility Plan of Adjustment==&lt;br /&gt;
===643.2.5.1 Request for Plan of Adjustment===&lt;br /&gt;
District utilities staff will request a plan of adjustment from utility owners whose utility facilities are in conflict with a proposed highway project. The plan of adjustment may consist of efforts to relocate the utility or otherwise protect a utility from the impacts of the proposed highway project. Utilities are shown on the roadway plan and profiles sheets that are furnished to utility owners for use in planning required utility adjustments. Any other sheets such as drainage, traffic signal, lighting, or ITS plans that show impacts to a utility facility should also be provided to the utility owners. All adjustments, reimbursable or not, require a plan of adjustment furnished by the utility owner.&lt;br /&gt;
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A transmittal letter is included in the request for a plan of adjustment. The letter informs the utility owner that regardless of whether an adjustment is reimbursable, no physical adjusting or relocating of their utility facilities to accommodate the proposed highway improvement is to be performed without specific approval and authorization. Additionally, if any part of the adjustment has the potential to be reimbursable, they are advised:&lt;br /&gt;
# They may undertake preliminary engineering by their own forces upon approval by district utilities staff of the estimated costs of preliminary engineering.&lt;br /&gt;
# They may employ a consultant to do the PE work provided they request and obtain prior approval. See [[#643.2.6_Preliminary_Engineering_Requirements|EPG 643.2.6 Preliminary Engineering Requirements]].&lt;br /&gt;
# Any preliminary engineering costs accrued prior to the date of written authorization to proceed will not qualify for reimbursement.&lt;br /&gt;
# Replacement right of way or easements cannot be purchased without specific approval and authorization.&lt;br /&gt;
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===643.2.5.2 Proposed Plan of Adjustment===&lt;br /&gt;
Developing a plan of adjustment is a multi-step process. The utility owner will propose a conceptual approach to adjusting the utility facilities to allow highway construction. This conceptual approach is used as the basis for determining cost responsibility, estimate of costs for preliminary engineering and construction, developing the agreement if necessary, and final design of the adjustment. Negotiations between district utility staff and the utility owner’s representative can result in changes to the design throughout the process.&lt;br /&gt;
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Final plans of adjustment must contain a legend on the first sheet identifying the utility symbols used. They must also show the existing utility facilities and their disposition, the location of the new or adjusted utility facilities, the existing and new right of way lines, the limited or fully controlled access symbols (where applicable), the existing and proposed roadways, ramps, and outer roadways and any other pertinent roadway information. They must contain sufficient details concerning location, elevation, compaction, clean up, etc. to provide for the proper adjustment of the utility facility. Relocated and/or existing utility facilities that will remain in place must be dimensioned or indicated in a manner to show their location in respect to the right of way lines. It is preferred that the utility owner transmits the plan of adjustment by electronic deliverables in a format that can be incorporated into the roadway plans. This will reduce the time and effort necessary as well as increase the accuracy of transferring this information into the roadway plans.&lt;br /&gt;
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Plans of adjustment received from the utility owner are to be checked for compliance with MoDOT’s requirements ([[#643.1_Utilities_Location|EPG 643.1 Utility Location]]) by the district utilities staff. They are also checked to ensure compatibility with the roadway design. Any continuing conflicts are resolved through negotiations with the utility owner.&lt;br /&gt;
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Occasionally, it is impractical to perform a utility adjustment in accordance with MoDOT’s requirements. Sometimes the utility may request approval of a plan of adjustment that does not conform to these requirements. Deviation from MoDOT’s utility requirements is a variance. Refer to [[#643.1.8_Variances|643.1.8 Variance Process]] for additional guidance.&lt;br /&gt;
The final plan of adjustment is included as Exhibit “A” to the agreement ([[#643.2.12_Utility_Agreements|EPG 643.2.12 Agreements]]).&lt;br /&gt;
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==643.2.6 Preliminary Engineering Requirements==&lt;br /&gt;
Preliminary engineering (PE) can be performed one of four ways for utility adjustments:&lt;br /&gt;
# The utility owner can use its own engineering forces.&lt;br /&gt;
# MoDOT can select an engineering consultant, after consultation with the utility owner, and the consultant contract will be administered by MoDOT.&lt;br /&gt;
# The utility owner can select an engineering consultant, with approval by MoDOT, and the consultant contract will be administered by the utility owner.&lt;br /&gt;
# If a utility adjustment is being included in a MoDOT administered construction contract, the preliminary engineering of the adjustment can be provided by MoDOT.&lt;br /&gt;
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For reimbursable utility adjustments, the amount paid to engineers, architects, and others for required engineering and allied services can be included in reimbursement amount provided such amounts are not based on a percentage of the costs of the necessary adjustments to allow highway construction. Reimbursement is available for contracts executed after solicitation of a consultant for the specific adjustment or existing continuing contracts when it is demonstrated that such work is performed regularly for the utility owner in its own work and that the costs are reasonable.&lt;br /&gt;
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A [https://epg.modot.org/forms/general_files/DE/UtilityConsultantContractChecklist.docx checklist is available for reviewing consultant-engineering contracts] to ensure the contract conforms to MoDOT policy and complies with applicable federal regulations. District utilities staff should use the checklist to review contracts and may consult with Audits and Investigations Division as necessary. The procedures in 23 CFR part 172, Administration of Engineering and Design Related Service Contracts may be used as a guide for reviewing proposed consultant contracts. [[:LPA:136.4_Consultant_Selection_and_Consultant_Contract_Management|EPG 136.4 Consultant Selection and Consultant Contract Management]] may also be used as a guide.&lt;br /&gt;
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===643.2.6.1 Solicited Consultant Contracts===&lt;br /&gt;
If solicitation of PE services is required for reimbursable utility adjustments, the utility owner must provide the following documents and information to district utilities staff. These documents need to be provided as soon as the utility owner has chosen to solicit a consultant. Document 1 must be supplied by all utility owners. Documents 2 and 3 are only required when the utility owner is a local government agency who is also a political subdivision of the state of Missouri (e.g., city-owned utilities, county-owned utilities). All other utility owners are encouraged, but not required, to provide Documents 2 and 3:&lt;br /&gt;
# A statement that the utility owner is not staffed or able to perform the required PE services with its own forces.&lt;br /&gt;
# Provide the names of at least three (3) consultants considered.&lt;br /&gt;
# The criteria used to evaluate each consultant and reasons why the selected consultant was selected.&lt;br /&gt;
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The following documents need to be provided as soon as the utility owner has successfully negotiated and entered into a contract with the consultant:&lt;br /&gt;
# The name and address of the selected consultant.&lt;br /&gt;
# A statement that the &amp;quot;[https://epg.modot.org/forms/general_files/DE/CertificationOfConsultant.docx Certification of Consultant]&amp;quot; will be furnished immediately upon award of the contract to the consultant.&lt;br /&gt;
# One executed copy of the proposed engineering contract or agreement between the utility owner and consultant, only if the engineering will exceed $5,000.00.&lt;br /&gt;
# The consultant&#039;s fixed (lump sum) or estimated fee (actual cost) and the contract maximum.&lt;br /&gt;
# A cost summary providing a detailed breakdown of the basis for the consultant&#039;s compensation, including estimated labor hours, hourly rates for each classification, overhead rate (if used), the amount of profit charged, and any other estimated charges such as travel expenses, equipment rentals, etc. If an overhead rate is used, the consultant must also submit the supporting overhead rate calculations.&lt;br /&gt;
# An independent cost estimate of engineering services provided by the utility owner to use in comparison to the consultant’s proposed engineering services to check for cost reasonableness.&lt;br /&gt;
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===643.2.6.2 Continuing Consultant Contracts===&lt;br /&gt;
When a utility owner chooses to use an existing continuing contract for PE services, the utility owner must provide the following documents and information to the district utilities staff as soon as possible.&lt;br /&gt;
# A statement that the utility owner is not staffed or able to perform the engineering with its own forces.&lt;br /&gt;
# The name and address of the consultant under the existing continuing contract.&lt;br /&gt;
# A statement that the &amp;quot;[https://epg.modot.org/forms/general_files/DE/CertificationOfConsultant.docx Certification of Consultant]&amp;quot; will be furnished.&lt;br /&gt;
# A copy of the continuing contract to the district utilities staff. The district utilities staff will review the contract for reasonableness of cost.&lt;br /&gt;
# The consultant&#039;s fixed (lump sum) or estimated fee (actual cost) and the contract maximum for the work associated with the utility adjustment.&lt;br /&gt;
# A cost summary providing a detailed breakdown of the basis for the consultant&#039;s compensation, including estimated labor hours, hourly rates for each classification, overhead rate (if used), the amount of profit charged, and any other estimated charges such as travel expenses, telephone, etc. If an overhead rate is used, the consultant must also submit the supporting overhead rate calculations.&lt;br /&gt;
# An independent cost estimate of engineering services provided by the utility owner to use in comparison to the consultant’s proposed engineering services to check for cost reasonableness.&lt;br /&gt;
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===643.2.6.3 Consultant Contract Changes===&lt;br /&gt;
If a PE services contract between a utility owner and a consultant needs to be revised, a copy of the revised contract, fee, and schedule should be submitted by the utility owner to the district utilities staff prior to allowing for contract changes. District utilities staff should review the contract changes to ensure the revised contract conforms to MoDOT policy and complies with applicable federal regulations.&lt;br /&gt;
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==643.2.7 Environmental and Right of Way==&lt;br /&gt;
===643.2.7.1 Utilities and Environmental Clearances===&lt;br /&gt;
District utilities staff should coordinate with the TPM and utility owner’s representative to understand and communicate on known environmental and cultural constraints that could impact a utility owner’s plan of adjustment. This will allow the utility owner to consider permitting timelines and alternatives that avoid environmental or cultural resources to keep the project on schedule.&lt;br /&gt;
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One strategy to make project delivery more efficient and ensure regulatory compliance is for MoDOT to obtain the environmental and cultural resource permits and clearances for the utility owners associated with a roadway improvement while obtaining its own. This would generally only be for the permits and regulatory clearances MoDOT already needs to pursue as a part of the transportation improvement.&lt;br /&gt;
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District utilities staff should coordinate with the utility owner’s representative early in the project timeline to determine if it is in the best interest of both MoDOT and the utility owner to obtain permits and environmental clearances jointly. The following strategies can be utilized to determine if a joint approach to environmental work should be pursued:&lt;br /&gt;
* If utility facilities are moving to a location within or immediately adjacent to MoDOT right of way, a utility owner may be invited to participate in permitting and environmental compliance activities.&lt;br /&gt;
* If utilities move to a location not within or adjacent to MoDOT right of way, the utility company would not normally be invited to participate in permit applications and environmental compliance activities. However, some unique projects may necessitate further attention and should be discussed with the Design Liaison Engineer.&lt;br /&gt;
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If MoDOT and the utility owner agree to obtain joint permits and clearances, written communication between the utility owner’s representative and the district utilities staff should document the following items:&lt;br /&gt;
* List of the permits and clearances that MoDOT will acquire on behalf of the utility owner.&lt;br /&gt;
* List of the information needed from the utility owner in order for MoDOT to acquire the permits and clearances.&lt;br /&gt;
* Schedule and deadlines for submittal of the information by the utility owner. For example: utility plans, fill quantities, construction methods, dates, or seasons of construction.&lt;br /&gt;
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Permits and clearances that may be needed by both a utility owner and MoDOT include:&lt;br /&gt;
* [[127.7_Threatened_and_Endangered_Species|Endangered Species Act consultation and clearance]]&lt;br /&gt;
* [[127.2_Historic_Preservation_and_Cultural_Resources#127.2.1.1_Historic_Preservation_Regulations_and_Laws|Section 106 of the National Historic Preservation Act clearance]]&lt;br /&gt;
* [[127.10_Section_4(f)_Public_Lands|Section 4(f) clearance]]&lt;br /&gt;
* [[127.10_Section_4(f)_Public_Lands#127.10.1.4_Section_6(f)_Laws_and_Regulations|Section 6(f) of the Land and Water Conservation Fund Act clearance]]&lt;br /&gt;
* [[127.4_Wetlands_and_Streams|Section 401 and Section 404 of the Clean Water Act permits]]&lt;br /&gt;
* [[:Category:806_Pollution,_Erosion_and_Sediment_Control#806.1_Introduction_(see_Sec._806)|Section 402 of the Clean Water Act permit (State Operating Permit for Erosion Control)]]&lt;br /&gt;
* [[127.8_Hazardous_and_Solid_Waste|Recommendations on contaminated soil disposition]]&lt;br /&gt;
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===643.2.7.2 Right of Way Acquisition and Utilities===&lt;br /&gt;
The Commission is obligated to acquire the width of right of way required by the design of the highway improvement. For utility facilities currently located within the Commission’s right of way, this includes the necessary space for the utility facilities impacted by the design of the highway improvement. Either additional right of way width to accommodate a utility corridor or a utility easement can be obtained for the relocation of utility facilities. When drainage easements are acquired along a channel, additional space for utility facilities should be considered to avoid conflicts between the utility facility and the bridge or culvert.&lt;br /&gt;
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District utilities staff should inform the utility owner’s representative of the potential of a conflict between an existing utility facility and a proposed highway construction project early in the project development process to allow sufficient time for the utility owner to prepare a plan of adjustment and notify the district utilities staff of any easement needs. When utility facilities are located on a utility owner’s private easement, the utility owner may obtain its own new easements. If the utility owner is not in a position to negotiate for new easements or if the utility owner’s policies will not permit it to condemn property to obtain the easement, MoDOT can acquire the easement in the same manner roadway right of way is obtained. The district utilities staff should verify the utility owner is aware of the opportunity to have MoDOT acquire the easement, and the utility owner should provide written documentation on whether the utility owner would like to pursue this option with MoDOT.&lt;br /&gt;
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For situations where the utility owner will obtain its own replacement right of way and the cost of the adjustment is MoDOT’s responsibility, the utility right of way cost should be reviewed by the district right of way department to ensure the cost is reasonable and acquisition followed state and federal regulations. In order to expedite utility adjustments necessary to allow highway construction, the district utility staff may authorize the utility owner to obtain easements prior to all details of a plan of adjustment being developed. In this situation, the district utilities staff should ensure enough details are known to justify the needed right of way, and an agreement for right of way costs only should be executed with the utility owner.&lt;br /&gt;
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For situations where MoDOT will obtain the right of way necessary to allow highway construction, district utility staff should negotiate with the utility owner’s representative to ensure all necessary utility easements are shown on the approved right of way plans. The TPM should confirm with district utilities staff that the right of way plans accurately reflect the needs of the utility owners prior to requesting right of way plan approval. The district Right of Way Manager should confirm with district utilities staff before requesting an acquisition date (A-date). Every effort should be made to avoid adding utility easement requests once negotiations with property owners have begun.&lt;br /&gt;
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Occasionally, when negotiations cannot be completed for easements for the adjustment of utility facilities, it may be necessary to condemn for the property. District utilities staff should coordinate with the utility owner’s representative to ensure no alternate design for the adjustment of the utility facility is practical. The decision to condemn for easements for the adjustment of the utility facilities requires the exercise of good judgment in reaching the conclusion that further good faith negotiations are futile and condemnation is necessary to maintain the project in the scheduled letting. The TPM should coordinate with the district utilities staff and district Right of Way (RW) personnel on the condemnation proceedings.&lt;br /&gt;
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Easement and other right of way documents used with utility owners are handled in accordance with procedures established jointly with RW and district utilities staff. District survey staff prepare the land descriptions for use in utility easements. The district utilities staff is responsible for completion of the easements in the correct form and scope. A sketch delineating the area described is attached to the easement as Exhibit “A”. Communication with the Design Division will ensure use of proper forms, corporate names and locations, and particular wording required for joint ownerships. The description for a utility easement is to be referenced to the nearest land corner shown on the plans. Examples of easements can be found in the template list in [https://netprod3.dot.missouri/eAgreements/Search/QuickSearch eAgreements].&lt;br /&gt;
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In situations where MoDOT is acquiring right of way with existing utility easements, but the district utilities staff and the utility owner’s representative agree that the utility facility may remain in place, the utility owner will release the property to the Commission separate from the right of way acquisition. This is done by executing an Easement for Highway Construction (UT16). The utility owner grants and conveys, with warranty of title expressed or implied, to the Commission, the right to construct, reconstruct, and maintain a highway over and across that portion of the easement owned and held by the utility owner. In the future, the utility owner retains any reimbursable rights should future projects require adjustments to allow highway construction.&lt;br /&gt;
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==643.2.8 Cost Responsibility==&lt;br /&gt;
In addition to determining if a conflict exists between an existing utility facility and a highway improvement project, it is important to determine who is responsible for the costs of the necessary adjustments to allow highway construction. An adjustment for which the Commission is responsible for the costs is known as a reimbursable adjustment. An adjustment for which the Commission is not responsible for the costs is known as a non-reimbursable adjustment. An adjustment for which the Commission and the utility share responsibility for costs is known as a partially reimbursable adjustment. Adjustments determined to be reimbursable or partially reimbursable by the Commission are to be completed under the terms of an agreement executed between the utility owner and the Commission.&lt;br /&gt;
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===643.2.8.1 Commission Responsibility===&lt;br /&gt;
====643.2.8.1.1 Utility Facilities Located on Private Easements====&lt;br /&gt;
When the utility facility is located on a private easement within the new right of way to be acquired for a future project, the Commission is responsible for the cost of the necessary adjustments to allow highway construction. It may be possible that such easement does not have written easement rights. The Commission will honor this oral right provided acceptable documentation is provided by the utility owner to the district utilities staff. An [https://epg.modot.org/forms/general_files/DE/NonwrittenEasementRights_Example.docx example of acceptable documentation for not written easement rights] is available. Other forms of documentation will be considered on an individual basis.&lt;br /&gt;
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=====643.2.8.1.1.1 Future Moves=====&lt;br /&gt;
When the utility facility is located on a private easement, taken into the Commission’s right of way, the Commission may agree that any future moves of the same utility by Commission order may be made at the Commission’s cost. Documentation of this agreement is by an Easement for Highway Construction (UT16) agreement. If the Commission provides a substitute private easement, then the Commission will have future obligations consistent with the utility facility’s status in an easement.&lt;br /&gt;
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====643.2.8.1.2 Utility Facilities Located within Commission Right of Way====&lt;br /&gt;
When the utility facility is located within Commission right of way, but has prior land rights, the Commission is responsible for the cost of adjustments to allow highway construction. The utility owner is responsible for documenting to the satisfaction of the district utilities staff, the basis for the claim of prior land rights within Commission right of way. Time spent researching prior rights is considered coordination and is reimbursable.&lt;br /&gt;
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====643.2.8.1.3 City or County Utility Facilities on City or County Streets====&lt;br /&gt;
When roadway improvements are within the corporate limits of cities, towns, and villages, a municipal agreement is negotiated between the Commission and the municipality. Likewise, when roadway improvements are within the limits of a county and outside the municipal limits, a county agreement is negotiated between the Commission and the County Commission. Included in these agreements are provisions regarding reimbursement for adjusting city or county owned utility facilities. Reimbursement is provided for adjustment of city or county owned utility facilities that are now located on city or county streets and not on Commission right of way.&lt;br /&gt;
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====643.2.8.1.4 Lumen====&lt;br /&gt;
Lumen – National (formerly CenturyLink, Lightcore, or Digital Telephone, Inc. (DTI)) and the Commission have entered into a partnership agreement, “Amended and Restated Fiber Optic Cable on Freeways in Missouri,” executed June 5, 2003 which obligates the Commission to be responsible for the cost of the necessary adjustments to allow highway construction along the routes identified in the agreement. A copy of the agreement is available to district utilities staff.&lt;br /&gt;
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====643.2.8.1.5 Services to the Commission====&lt;br /&gt;
When a utility facility provides a service connection to local Commission facilities such as power to traffic signals, lighting, ITS, and cathodic protection and phone drops to traffic signal controllers or other Commission facilities, the Commission is responsible for the cost of the necessary adjustments to allow highway construction.&lt;br /&gt;
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====643.2.8.1.6 Private Service Lines====&lt;br /&gt;
While most utility owners reconnect the private service lines at no cost to the property owner, some do not. If a utility owner does not reconnect service lines, MoDOT can include adjustment of private service lines in roadway contracts. Bid items for relocating service connections are provided for the different types of anticipated adjustments.&lt;br /&gt;
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====643.2.8.1.7 Second Moves====&lt;br /&gt;
If the Commission requires additional work to a utility facility after the facility has been relocated or adjusted in accordance with a plan of adjustment approved by the Commission for a single project number, the Commission is responsible for the cost of the additional work regardless of whether the initial adjustment was Commission responsibility as outlined in other parts of [[#643.2.8.1_Commission_Responsibility|643.2.8.1]].&lt;br /&gt;
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The purpose of the policy is to encourage utilities to relocate early rather than waiting until plans are published for bidding. The policy eliminates the utility having to relocate twice at its own expense because of late changes in the design. It is best to have utilities relocated prior to construction, and this policy helps achieve that goal. Therefore, it is imperative that the designer notifies district utilities staff as soon as possible of any changes made after these plans have been sent. If notified immediately, it may be possible to inform the utility owner prior to their final design thereby eliminating a second move.&lt;br /&gt;
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Under this policy, the following are not considered second moves. Temporary and staged relocations necessary to accommodate construction and agreed upon by the utility and the Commission prior to relocation are considered a single move and are not subject to the provisions of the second move policy. If the Commission requires adjustment of a utility facility for which the utility owner is responsible for the cost of the adjustment and was originally determined to not need adjustment, the utility owner is responsible for the cost of the adjustment. The utility owner is responsible for the cost of additional work to any portion of the utility facility after the utility facility has been adjusted in accordance with a plan of adjustment approved by the Commission if the additional work is required by the Commission due to error by the utility owner in preparation of plan of adjustment, field location of, or construction of the adjustment of the utility facility.&lt;br /&gt;
&lt;br /&gt;
When evaluating construction contract changes by change order or value engineering, the impacts of the second move policy should be considered.&lt;br /&gt;
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===643.2.8.2 Utility Owner Responsibility===&lt;br /&gt;
====643.2.8.2.1 Utility Facilities Owned and Operated by a Political Subdivision====&lt;br /&gt;
When a utility facility is located within Commission right of way, but does not have prior land rights, the utility owner is responsible for the cost of the necessary adjustments to allow highway construction. When a utility facility is located on public right of way other than Commission right of way, the utility owner is responsible for the cost of the necessary adjustments to allow highway construction.&lt;br /&gt;
&lt;br /&gt;
When a political subdivision must bear part or all the cost of adjustments to their utility facilities, and the cost creates a financial hardship, the Commission, by its authorized representative, the Chief Engineer, may temporarily assume these costs. A payback agreement with the political subdivision will include an applicable interest rate for a comparable maturity from a widely published index of tax-exempt municipal rates obtained from Financial Services. Payback time will not exceed five (5) years.&lt;br /&gt;
&lt;br /&gt;
====643.2.8.2.2 Utility Facilities Other Than Those Owned by a Political Subdivision====&lt;br /&gt;
When a utility facility is on the right of way of a public road or street or on state highway right of way without prior land rights and adjustment is necessary to allow for the construction of a roadway improvement, the utility owner is responsible for the cost of the necessary adjustments to allow highway construction.&lt;br /&gt;
&lt;br /&gt;
===643.2.8.3 Shared Responsibility===&lt;br /&gt;
When a utility facility is located such that portions of it are a Commission responsibility and portions of it are a utility owner responsibility by the definitions above, the costs of the necessary adjustments to allow highway construction will be split by the Commission and the utility owner. If the exact cost for each party can be determined, each party will be responsible for their portion of the cost of relocating the utility facility. If the exact cost for each party cannot be determined, the parties will arrive at a percentage reimbursement on an equitable basis.&lt;br /&gt;
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===643.2.8.4 Notice of Hearing===&lt;br /&gt;
When relocation or other difficulties with utility facilities on public right of way arise that prevent resolution by negotiation, formal hearings will be required.&lt;br /&gt;
&lt;br /&gt;
The district initiates a request for a utility relocation hearing with a letter to the Chief Counsel’s Office (CCO) (a copy is provided to the Design Division) requesting a hearing date. CCO will arrange for a hearing room, court reporter, etc. and advise the district of the hearing date.&lt;br /&gt;
&lt;br /&gt;
The district will prepare the notice of hearing by strictly following the given format and serve the notice on all persons and utility owners listed. The property and utility owner must be served only by personal service or by mailing a certified letter, return receipt requested, no later than 15 days before the date of hearing. This will require the district to make every effort to identify the correct property owner before preparing the notice of hearing. To avoid delays, every attempt will be made to issue the hearing notice at least 30 days prior to the hearing date in case any property has changed ownership and any additional property owners must be served. A notice of hearing on service line connections will also be served on the private or public owner of the main or distribution line to which the service lines are connected. A notarized &amp;quot;[https://epg.modot.org/forms/general_files/DE/ReportOnPersonalService.docx Report of Personal Service]&amp;quot; will be completed when notification by certified mail is not used.&lt;br /&gt;
&lt;br /&gt;
One copy of the hearing notice and attachments, &amp;quot;[https://epg.modot.org/forms/general_files/DE/ReportOnPersonalService.docx Report of Personal Service]&amp;quot; and certified mail notices are to be submitted to CCO after notification is complete.&lt;br /&gt;
&lt;br /&gt;
Prior to the hearing, the district&#039;s representative will become familiar with the details of the utility adjustment in order to provide concise testimony to expedite the hearing process. CCO will assign an attorney to work with the district and present the case.&lt;br /&gt;
&lt;br /&gt;
Refer to 7 CSR 10-3.030 020 Utility Relocation Hearings for additional information.&lt;br /&gt;
&lt;br /&gt;
A Waiver of Hearing should be obtained for non-reimbursable adjustments to document the commitment of the utility owner to adjust its utility facilities without adversely impacting the highway construction project. This may be accomplished informally via written communications between the district utilities staff and the utility owner’s representative. A [https://epg.modot.org/forms/general_files/DE/WaiverOfHearingForm.docx formal Waiver of Hearing statement] may be requested by either MoDOT or the utility owner. A [https://epg.modot.org/forms/general_files/DE/WaiverOfHearingLetter.docx sample transmittal letter for the Waiver of Hearing] is available. For reimbursable or partially reimbursable adjustments, the formal agreement serves as the basis of documentation of this commitment.&lt;br /&gt;
&lt;br /&gt;
==643.2.9 Estimates==&lt;br /&gt;
District utilities staff will negotiate with utility owners to determine reimbursable costs of the necessary adjustments to allow highway construction ([[#643.2.8_Cost_Responsibility|EPG 643.2.8 Cost Responsibility]]). These estimates are prepared in accordance with the provisions of 23 CFR 645 and any amendment thereto. These estimates must reflect the same procedures and costs used by the utility owners in their normal operations and must also accurately represent the expected costs of the work. The utility owner’s estimate will be reviewed by the district utilities staff to ensure compliance with 23 CFR 645.&lt;br /&gt;
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===643.2.9.1 Independent Cost Estimate===&lt;br /&gt;
The independent cost estimate provides the basis for district utilities staff to review the utility owner’s estimate of costs of the necessary utility adjustments to allow highway construction and any subsequent negotiations with the utility owner. The district utilities staff should prepare an independent cost estimate. The independent cost estimate may be based on unit prices of anticipated items of work in a utility adjustment necessary to allow highway construction. The independent cost estimate alternately may be based on recent similar types of utility adjustments necessary to allow highway construction and scaled for size. Consultants can be used to develop the independent cost estimate. All documentation of the independent cost estimate should be placed in MoProjects.&lt;br /&gt;
&lt;br /&gt;
===643.2.9.2 Type of Project Cost Estimates===&lt;br /&gt;
Either Actual Cost or Lump Sum estimates may be used for estimating the costs on the necessary utility adjustments to allow highway construction. If an Actual Cost estimate is used, detailed records of materials, labor, and equipment are made by district utilities and/or construction staff during construction, and a final audit of the utility owner’s cost records is made to determine the Commission’s actual responsibility for costs of the adjustment completed to allow highway construction. If a Lump Sum estimate is used, a final audit of costs for an adjustment in payment is not required. The Actual Cost method requires more detailed record keeping and documentation by the utility owner and district staff during construction. The Lump Sum method requires more upfront detail and work by the utility owner and judgment on the district utilities staff on the acceptability of the cost. The district utilities staff will work with the utility owner’s representative to determine the best type of estimate and therefore agreement to use.&lt;br /&gt;
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====643.2.9.2.1 Actual Cost Estimate====&lt;br /&gt;
The cost estimate that supports the actual cost agreement is prepared in sufficient detail to determine the reasonable expected cost of the work to support development of an agreement between the utility owner and the Commission. However, reimbursement is based on the actual costs of design and construction of the necessary adjustment to allow highway construction. The [https://epg.modot.org/forms/general_files/DE/ActualCostCostEstimate_Example.docx actual cost estimate] should detail all costs of the necessary adjustment to allow highway construction, even if the Commission is only responsible for a portion of the costs as detailed in EPG [[#643.2.8.3_Shared_Responsibility|643.2.8.3 Shared Responsibility]].&lt;br /&gt;
&lt;br /&gt;
[https://epg.modot.org/forms/general_files/DE/ActualCostCostEstimate_Example.docx Actual cost estimates] can be used for any dollar amount of reimbursement.&lt;br /&gt;
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====643.2.9.2.2 Lump Sum Estimates====&lt;br /&gt;
The cost estimate that supports the lump sum agreement must be accurate, comprehensive, verifiable, and in sufficient detail to present a clear picture of the work involved and the cost of the individual items. The estimate may cover only that portion of the adjustment for which the Commission is responsible for the costs of the necessary utility adjustments to allow highway construction.&lt;br /&gt;
[https://epg.modot.org/forms/general_files/DE/LumpSumCostEstimate_Example.docx Lump sum estimates] are limited to a maximum of $200,000 of Commission responsibility of costs of the necessary utility adjustments to allow highway construction; however, exceptions may be made for special situations that have prior approval from Design Division. These exceptions usually cover major relocations for which the Commission&#039;s proportionate responsibility is extremely small.&lt;br /&gt;
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===643.2.9.3 Utility Cost Estimate Requirements===&lt;br /&gt;
Whether using an Actual Cost or Lump Sum estimate, the following should be included in the estimate, if applicable. If any of the following sections are not included in the estimate, a qualifying statement as to why the costs were not included should be provided.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.1 Scope of Work====&lt;br /&gt;
All estimates require a concise summary of the work to be performed on the estimate. An example is &amp;quot;an estimate of cost covering the work of relocating Company&#039;s 12-inch Cushing-Woodriver pipeline to accommodate construction of Route 47 in Franklin County on Job No. J6P0172&amp;quot;.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.2 Engineering Costs====&lt;br /&gt;
Costs of engineering, whether preliminary or construction, must be shown as separate items and are not to be included with &amp;quot;labor costs&amp;quot;. Concurrent cost accounting procedures of FHWA and MoDOT make this a necessity. See [[#643.2.6_Preliminary_Engineering_Requirements|EPG 643.2.6 Preliminary Engineering]] and [[#643.2.16.2_Construction_Contract_Requirements|EPG 643.2.16.2 Construction Contract Requirements]] for further information.&lt;br /&gt;
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====643.2.9.3.3 Right of Way Costs====&lt;br /&gt;
A detailed estimate of the cost to acquire replacement easements by the utility owner is required. The cost should be supported by a right of way plan.&lt;br /&gt;
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====643.2.9.3.4 Material Costs====&lt;br /&gt;
Quantities, description of the item, the unit cost, and the extended totals are shown. Percentage computations will be shown immediately following &amp;quot;total cost&amp;quot; so the utility owner’s and Commission&#039;s cost obligations are properly indicated. Unit assembly costs similar to those used by several of the rural electric association (R.E.A.) cooperatives are acceptable, provided the same units and charges are used in the utility owner’s regular operations. A handling charge conforming with the utility owner’s regular procedures may also be included.&lt;br /&gt;
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====643.2.9.3.5 Labor Costs====&lt;br /&gt;
Hours, individual or crew rates, and extended totals are shown. Payroll additives such as insurance, retirement, social security, vacation, and other benefits are shown as a separate item under this heading in accordance with utility owner’s regular procedures. Adequate explanation must be given for total percentage used, especially in those cases where materials and labor are combined as unit costs or where labor percentages include additives and equipment requirements.&lt;br /&gt;
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====643.2.9.3.6 Equipment Costs====&lt;br /&gt;
A description of the equipment to be used must be shown jointly with the number of hours to be charged. Rates charged for equipment usage must be justified by the utility owner’s established accounting procedures. When the utility owner does not have an established accounting procedure or a capitalization and depreciation schedule that is used in its own operations, the rates are to be established by using rental rate publications as a guide. A reasonable amount will be deducted, when using rental rate schedules, for profit that the rental company realizes. A full explanation of the methods used in establishing the rates must also be submitted to support the utility owner’s request and with approval of the district utilities staff.&lt;br /&gt;
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Equipment may be rented when the utility owner’s equipment is not available or is inadequate, with the rental rate justified by appropriate solicitation of bids. See [[#643.2.16.2_Construction_Contract_Requirements|EPG 643.16.2 Construction Contract Requirements]] for further information.&lt;br /&gt;
&lt;br /&gt;
Unusual accounting procedures may be accepted with adequate prior explanations and approval of the Design Division.&lt;br /&gt;
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====643.2.9.3.7 Removal Costs====&lt;br /&gt;
These costs are estimated and shown in a similar method but separately from installation costs. When removal costs exceed salvage credits by more than the estimated cost of removal by the roadway contractor, an effort should be made to persuade the utility owner to abandon the utility facilities in place. An exception is made when the utility owner is required to remove abandoned utility facilities because of liability, hazard, or by specific agreement with the Commission. Abandoned utility facilities can be included with the miscellaneous removals in the roadway contract. It may be possible for the utility owner to remove those portions of the utility facility for which credits will exceed removal costs, with the remainder of the utility facility to be abandoned for removal in the roadway contract. Materials removed must be itemized, with the utility owner’s customary salvage credit given. Items to be scrapped or junked should be indicated. Whenever a utility facility or portion thereof is shown to be abandoned on the plan of adjustment, the roadway plans should be notated accordingly. This eliminates ownership problems if these utility facilities are removed or salvaged by the roadway contractor.&lt;br /&gt;
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When the utility facility is no longer needed and removal is necessary to accommodate the roadway project, the removal of the item may be handled either as a right-of way-item or a utility adjustment. When handled as a right of way item, the damages allowed are to equal the depreciated value of the utility facility, with the necessary removals being accomplished by the roadway contractor. If accomplished as a utility adjustment, the Commission, by utility agreement, will reimburse the utility owner for removal costs and receive salvage credit for the material removed, up to but not exceeding removal costs.&lt;br /&gt;
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====643.2.9.3.8 Salvage of Removed Materials====&lt;br /&gt;
This statement, to explain the salvage credit or lack of credit, will reflect routine utility owner policy as well as the particular situation. The utility owner will place a value on any recovered material for salvage. District utilities staff should check this value for reasonableness. Examples of salvage statements include:&lt;br /&gt;
* Existing utility facilities to be abandoned in place, since the cost of salvaging, based on our past experience, will exceed their value.&lt;br /&gt;
* Only those items will be salvaged for which salvage credit will exceed the cost of removal and salvage.&lt;br /&gt;
* Company liability requires removal of the retired utility facilities, even though the cost of removal will exceed allowable credit for salvage.&lt;br /&gt;
* Salvage credits are in accordance with established company accounting procedures.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.9 Accrued Depreciation Credits====&lt;br /&gt;
Credit is required for the accrued depreciation of a utility facility that is being replaced. Examples are a building, structure, pumping station, filtration plant, power plant, substation, or other similar operational unit. Credit for accrued depreciation will not be required for a segment of the utility&#039;s service, distribution, or transmission lines. It is also not required when the building or structure is being moved as necessitated by the highway project. Acceptable accrued depreciation credit will be determined by using the following formula:&lt;br /&gt;
:&amp;lt;math&amp;gt;\frac{Actual \; Length \; of \; Service \; of \; Replaced \; Facility \; (Years)}{Total \; Estimated \;  Service \; Life \; of \; Replaced \; Facility \; (Years)} \times Original \; Cost \; (\$) = Credit&amp;lt;/math&amp;gt;&lt;br /&gt;
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====643.2.9.3.10 Betterment Credits====&lt;br /&gt;
Betterment means the upgrading of the utility facility being relocated, made solely for the benefit of and at the election of the utility owner and is not attributable to the roadway improvement. Credit to the Commission is required for the additional costs incurred for the betterments introduced in the adjusted utility facility. No betterment credit is required for additions or improvements which are:&lt;br /&gt;
* Required by the highway project&lt;br /&gt;
* Replacement devices or materials that are of equivalent standards although not identical&lt;br /&gt;
* Replacement of devices or materials no longer regularly manufactured with next highest grade or size&lt;br /&gt;
* Required by law under governmental and appropriate regulatory commission code&lt;br /&gt;
* Required by current design practices regularly followed by the utility owner in its own work, and there is a direct benefit to the highway project&lt;br /&gt;
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====643.2.9.3.11 Overhead Costs====&lt;br /&gt;
Overhead costs are usually a percentage of the total labor cost. This item must be in accordance with the utility owner’s established accounting procedures, which in some cases may include handling costs or be a percentage of the total cost of the work involved. Additional attention to overhead costs is required when the rate is different from previously accepted rates. Occasionally, it can be difficult to obtain the necessary information at the time of the estimate to approve the overhead rates. In this situation, the estimate can be approved with exception of the overhead rates for payment. The utility owner is informed of this matter with the understanding that the overhead rates could be approved and paid with submission of appropriate supporting data and Financial Services audit review.&lt;br /&gt;
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====643.2.9.3.12 Prorating Costs====&lt;br /&gt;
The need for prorating utility adjustment costs occurs when both the Commission and the utility owner are responsible for a portion of the utility adjustment necessary to allow for highway construction, and the actual costs for reimbursement in each category cannot be explicitly determined. Generally, the following conditions require division of costs:&lt;br /&gt;
* The adjustment is considered partially reimbursable per [[#643.2.8.3_Shared_Responsibility|EPG 643.2.8.3 Shared Responsibility]]&lt;br /&gt;
* Betterments are included in the necessary adjustment of the utility facility&lt;br /&gt;
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The district utilities staff should negotiate with the utility owner’s representative to determine an equitable basis for the prorating of costs based on the characteristics of the utility adjustment necessary to allow for highway construction.&lt;br /&gt;
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====643.2.9.3.13 Costs Records====&lt;br /&gt;
The estimate should include a statement as to where the utility owner’s cost records may be reviewed. An example: &amp;quot;Company cost records will be available in our office at 2134 Industrial Avenue, Tulsa, Oklahoma&amp;quot;.&lt;br /&gt;
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====643.2.9.3.14 Other====&lt;br /&gt;
Additional statements will explain or further clarify the work that is included. Such other items may include bypasses, special equipment, need for larger utility facilities, etc.&lt;br /&gt;
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==643.2.10 Schedule==&lt;br /&gt;
Timely adjustments of utility facilities are essential for efficient completion of highway construction projects. Ideally, all utility adjustments are completed prior to a project’s Plans, Specifications, and Estimate (PS&amp;amp;E) submittal to Central Office. Depending on the specifics of the highway construction and utility adjustment necessary, early completion of the utility adjustment may not be practical. The district utilities staff should negotiate with the utility owner to determine the schedule parameters necessary for the utility adjustment. At a minimum, the utility owner should document the dates it anticipates starting and completing the work. If a utility adjustment depends upon the completion of a portion of the highway construction, the necessary milestone for starting the utility adjustment should be documented along with an anticipated number of working days to complete the utility adjustment. The schedule is included as Exhibit “C” to the agreement.&lt;br /&gt;
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==643.2.11 Pre-Audits==&lt;br /&gt;
The district utility staff performs a pre-audit review and approval prior to preparation of the agreement. A [https://epg.modot.org/forms/general_files/DE/PreAuditChecklist.docx pre-audit checklist] should be completed and saved in MoProjects.&lt;br /&gt;
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==643.2.12 Utility Agreements==&lt;br /&gt;
Whenever the Commission is responsible for the cost of the necessary adjustments to allow highway construction, an agreement is required. If a Master Reimbursable Utility Agreement (see [[#643.2.12.2_Master_Reimbursable_Utility_Agreements|EPG 643.2.12.2]]) has not been executed with the utility owner, a Project Specific Agreement (see [[#643.2.12.3_Project_Specific_Agreements|EPG 643.2.12.3]]) is executed between the utility owner and the Commission. In some cases, it may be more practical for the Commission to include adjustment of utilities into a Commission administered contract. A Utility Agreement - Actual Cost (For Utility Work That is to be Included in the Missouri Highways and Transportation Commission&#039;s Road Project) (see [[#643.2.12.4_Agreement_for_Utility_Work_Included_in_Roadway_Improvement_Project|EPG 643.2.12.4]]). Agreements include a plan of adjustment (Exhibit “A”), cost estimate (Exhibit “B”), and schedule (Exhibit “C”).&lt;br /&gt;
&lt;br /&gt;
The Utility Agreement boilerplate forms have been approved by the Chief Counsel’s Office (CCO). They are identified in the upper left-hand corner of each agreement by an identifier such as CCO Form: UT01 for the Master Reimbursable Utility Agreement. CCO updates these agreements as necessary. They serve as a guide in the preparation of the agreement to be executed with the utility owner for the adjustments required to their utility facilities to accommodate the proposed roadway improvement project. District utilities staff should use the latest version of the agreement found in [https://netprod3.dot.missouri/eAgreements/Search/QuickSearch eAgreements] in drafting an agreement with utility owners. A list of utility agreements and detailed information concerning the sequence for preparing and executing an agreement is available in  [[:Category:153_Agreements_and_Contracts|EPG 153 Agreements and Contracts]].&lt;br /&gt;
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These forms are to be used word for word. Revisions or additions are only made to address specific project details. The intent of each paragraph must be retained, although specific words may be revised to fit the particular situation. No paragraphs are deleted without prior approval from CCO. For guidance on acceptance of liability, refer to the [[:Category:153_Agreements_and_Contracts#153.1.1.2_Acceptance_of_Liability_Policy_(MoDOT_Access_Only)|Acceptance of Liability Policy]] at the CCO SharePoint page. Drafts of agreements having major revisions or complications are to be submitted, with supporting data, to Design Division for comment and approval.&lt;br /&gt;
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A reference to 23 CFR 645 is included in all agreements. Utility owners must be acquainted with these requirements and procedures. The incorporation of 23 CFR 645 by reference in all agreements eliminates the need for a second set of regulations to be included in the document.&lt;br /&gt;
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The agreement for the adjustment of a utility is prepared by the district utilities staff and submitted to the utility owner for execution. The agreement is based on the plan, estimate of cost which was prepared in accordance with 23 CFR 645, and schedule. Authorized individuals representing the utility owner will execute the agreement. The agreement must be signed, sealed, and if necessary, notarized by the utility owner. If the utility owner does not have or use a corporate seal, write &amp;quot;NO SEAL&amp;quot; under the signatures of the owner’s officers. Agreements with political subdivisions are to be supported by an appropriate ordinance, a copy of which is to be submitted with the executed agreements. All copies will be forwarded to the CCO for further handling. A fully executed copy of the agreement will be retained in eAgreements. If the agreement was executed using electronic signatures, the district utilities staff should forward an electronic copy of the fully executed agreement to the utility owner. If the agreement was executed using wet signatures, one (1) paper copy of the fully executed agreement will be returned by the Commission Secretary’s Office to the district utilities staff. The district utilities staff will forward this copy to the utility owner.&lt;br /&gt;
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===643.2.12.1 Buy America Build America Requirements===&lt;br /&gt;
All agreements contain information on Buy America Build America (BABA) compliance. The utility owner should select the method of certification (See [[#643.2.19_Buy_America_Build_America_for_Utilities|EPG 643.2.19]]) at the time of agreement completion. The appropriate paragraph will be inserted into the agreement. All BABA compliance documents must be retained by the utility owner and made available upon request at no cost to the Commission and/or FHWA.&lt;br /&gt;
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====643.2.12.1.1 Utility Owner Self-Certification====&lt;br /&gt;
The City/Company certifies that when determining products/materials subject to Buy America Build America requirements to use in the performance of this Agreement, it shall use only such products/materials for which it has received a certification from its supplier, or provider of construction services that procures the product/material, certifying compliance with Buy America Build America requirements. This does not include products/materials for which waivers have been granted pursuant to 23 CFR 635.410. The City/Company will not be required to provide the Commission copies of the supplier certification as part of this Agreement or with the final invoice of said Commission’s Federal-Aid Highway Construction Project.&lt;br /&gt;
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====643.2.12.1.2 Vendor/Manufacturer Certification====&lt;br /&gt;
The City/Company certifies that when determining products/materials subject to Buy America Build America requirements to use in the performance of this Agreement, it shall use only such products/materials for which it has received a certification from its supplier, or provider of construction services that procures the product/material, certifying compliance with Buy America Build America requirements. This does not include products/materials for which waivers have been granted pursuant to 23 CFR 635.410. The City/Company shall provide to the Commission all Buy America compliance documents as outlined in the Commission’s Engineering Policy Guide 643. All required compliance documents shall accompany the final invoice submitted to the Commission.&lt;br /&gt;
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===643.2.12.2 Master Reimbursable Utility Agreements===&lt;br /&gt;
The UT01: Master Reimbursable Utility Agreement (MRUA) is a statewide agreement that has been executed by the utility owner and the Commission for all future reimbursable utility adjustments between both parties. Once a MRUA is executed, no other utility agreements are required on design-bid-build projects. The district utilities staff should encourage utility owners to enter into a MRUA with the Commission to reduce potential future delays in executing a project specific agreement. A list of previously executed [https://modotgov.sharepoint.com/sites/DE/Utilities/Agreements/MRUA%20-%20Existing?csf=1&amp;amp;web=1&amp;amp;e=4LJHoa Master Reimbursable Utility Agreements (Modot Access Only)] is available. District utilities staff should add newly executed agreements to this list. The MRUA can be employed as either an actual cost ([[#643.2.12.3.1_Actual_Cost_Agreements|EPG 643.2.12.3.1]]) or lump sum ([[#643.2.12.3.2_Lump_Sum_Agreements|EPG 643.2.12.3.2]]) agreement. When the reimbursable adjustment will utilize a MRUA, the district utilities staff will prepare a MRUA correspondence letter (“letter agreement”) referencing the executed MRUA. A copy of the MRUA correspondence letter should be saved in MoProjects for reference by Financial Services, the district construction office, and the district staff responsible for inspection of utility adjustments. All project specific items such as type of agreement (actual cost or lump sum), plan of adjustment, estimated total cost, cost allocation, and schedule are addressed in the MRUA correspondence letter from the district utilities staff to the utility owner. A [https://epg.modot.org/forms/general_files/DE/flowchart.pdf flowchart of the MRUA process] is available.&lt;br /&gt;
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===643.2.12.3 Project Specific Agreements===&lt;br /&gt;
If a utility owner does not have a MRUA with the Commission, a project specific agreement will be required for every project for which the Commission is responsible for the necessary adjustments to allow highway construction. The project specific agreement will be either an actual cost ([[#643.2.12.3.1_Actual_Cost_Agreements|EPG 643.2.12.3.1]]) or lump sum ([[#643.2.12.3.2_Lump_Sum_Agreements|EPG 643.2.12.3.2]]) agreement.&lt;br /&gt;
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====643.2.12.3.1 Actual Cost Agreements====&lt;br /&gt;
The UT03: Utility Agreement – Actual Cost is used when detailed estimates are not practical or costs appear to be questionable. Details on actual cost estimates can be found at [[#643.2.9.2.1_Actual_Cost_Estimate|EPG 643.2.9.2.1 Actual Cost Estimates]]. Once the final invoice on a UT03 is submitted to Financial Services, district utilities staff should change the status on the agreement in eAgreements to completed.&lt;br /&gt;
&lt;br /&gt;
====643.2.12.3.2 Lump Sum Agreements====&lt;br /&gt;
The UT02: Utility Agreement – Lump Sum eliminates the need for keeping detailed records of cost and the auditing of cost records. Estimates of cost must be prepared in detail for use of this agreement. When detailed estimates are not practical or costs appear unreasonable, actual cost agreements are to be used. Use of special forms of agreements, such as &amp;quot;subordination agreements&amp;quot;, which are desired by certain utility owners, is acceptable. These, too, must be revised to cover the particular situation. Details on lump sum estimates can be found at [[#643.2.9.2.2_Lump_Sum_Estimates|EPG 643.2.9.2.2 Lump Sum Estimates]]. Once the final invoice on a UT02 is submitted to Financial Services, district utilities staff should change the status on the agreement in eAgreements to “completed”.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.4 Agreement for Utility Work Included in Roadway Improvement Project===&lt;br /&gt;
The UT04: Utility Agreement - Actual Cost (For Utility Work That is to be Included in the Missouri Highways and Transportation Commission&#039;s Road Project) allows for the adjustment to be based on actual cost with the roadway contractor performing the utility work. Caution should be exercised in the type of utilities to be relocated in roadway contracts. Utilities recommended are waterlines and sewer lines. Other utilities, such as gas lines, communication lines, and power lines are to be studied thoroughly before being included in the project.&lt;br /&gt;
&lt;br /&gt;
The Transportation Project Manager and district utilities staff must plan ahead to get this work in the roadway contract. The utility owner must agree to include the utility adjustment in the roadway contract. The adjustment may be on highway right of way or on private easement in the name of the utility owner. The utility owner can agree to allow MoDOT’s contractor to work in its easement. However, district utilities staff in consultation with district right of way staff should review the easement documentation to verify the utility owner’s rights to the easement and any limitations on its use. MoDOT’s contractor can work and operate on both Commission right of way and on the utility easement, even when not directly connected to the Commission right of way, as part of the job site. Temporary construction easements may be necessary in addition to the utility easement to ensure adequate working room for the contractor.&lt;br /&gt;
&lt;br /&gt;
:The utility owner may request exemption to any liability for negligence of our contractor working on their easement. The Commission can assume that liability (refer to [[:Category:153_Agreements_and_Contracts#153.1.1.2_Acceptance_of_Liability_Policy_(MoDOT_Access_Only)|Acceptance of Liability Policy]]), but it should be included in the utility agreement if so desired by the utility owner. A Job Special Provision is necessary to require the MoDOT contractor to hold the utility harmless from all claims due to contractor negligence.&lt;br /&gt;
&lt;br /&gt;
Subsurface information, i.e. boring data, etc., should be obtained by the utility owner since it may be needed for the design of the utility adjustment. This information should be included in the plans. If the utility owner must bear all or part of the cost of the adjustment, the utility owner must agree to pay a pre-deposit to the Commission prior to opening bids on the project. This should be in the utility agreement. The pre-deposit will be credited to the &amp;quot;Missouri Highway and Transportation Commission - Local Fund.&amp;quot; Any interest earned in the fund will apply to the cost of the adjustments. The utility agreement will include language that the utility will inspect the installation and assume maintenance of the utility facility after construction. MoDOT will also provide engineering supervision to be sure the road contractor is in compliance with the contract. Utility plans and specifications are to be approved by the owner prior to submittal to the Central Office. The following items will provide minimum information to allow MoDOT’s contractor to bid the work.&lt;br /&gt;
# Individual bid items (not &amp;quot;lump sum&amp;quot;) should be established to promote better bidding and to handle overruns and underruns. Bid items not included on the Computer Stored Bid Item list should be &amp;quot;99&amp;quot; numbers.&lt;br /&gt;
# he bid package must be in our letting format. If the package was prepared by a consultant as if the utility owner were going to let it, all bid bond or bidding procedures must be screened to remove requirements contrary to MoDOT letting requirements. District utilities staff should work with the Transportation Project Manager, Design Liaison Engineer, and Central Office Bidding and Contract Services to ensure this requirement is met.&lt;br /&gt;
# The specifications required by the utility owner should be reviewed for items that could cause a bid problem for our contractor. Items such as non-readily available materials or sizes should be avoided.&lt;br /&gt;
# Utility plan sheets should be .pdf files equivalent to 22 in. x 34 in. It is helpful to have a quantity sheet specifically for utility items.&lt;br /&gt;
# Any special procedures required for the utility installation should be included in the Job Special Provisions.&lt;br /&gt;
# The utility package should be submitted on-time to Central Office with other project plans.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.5 Agreement for a Utility Only Project===&lt;br /&gt;
Any of the above agreements can be modified for a utility only project separate from the roadway project. The utility only project may be done by forces hired by the utility owner or by the Commission. A separate utility only project has distinct advantages when the following occurs:&lt;br /&gt;
* The utility work is extensive&lt;br /&gt;
* It must be performed in accordance with the utility owner’s seasonal requirements&lt;br /&gt;
* It extends beyond the limits of the construction project&lt;br /&gt;
* It must be performed considerably in advance of the roadway contract&lt;br /&gt;
&lt;br /&gt;
Necessary environmental and design work is still required for the limits of the separate utility only project. It may be necessary in these cases to have a second agreement with the utility owner to cover any other work that must be performed concurrently with the roadway contract. These latter agreements will use the roadway construction job number. Early need for utility projects is to be determined at the time when the STIP is updated each year. The utility construction funds will be shown in the year right of way funds are assigned. This will be done whenever possible to secure early adjustment of utility facilities. A request by the district is sent to the Planning Division. Estimated dollar amounts for utility adjustments are needed. These are estimates and do not need to be extremely accurate. When a special utility project is established, it is preferred, if at all possible, to include all the utility adjustments necessary for the entire roadway project. If funds are available, additional agreements can be added to this utility project until the final invoice for the first completed agreement is received for payment.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.6 Supplemental Agreements===&lt;br /&gt;
For utility owners with a UT01 agreement, a supplemental letter agreement documenting the change in the scope or cost of the work is acceptable.&lt;br /&gt;
&lt;br /&gt;
The UT05: First Supplemental Agreement is used to document changes to UT02 and UT03 agreements. If changes to the scope of work occur that are anticipated to exceed $100,000 or 15% of the original agreement, a UT05 is required. If the final invoice on an actual cost adjustment without changes in the scope of work exceeds the limits shown in the table below, a UT05 is required.&lt;br /&gt;
&lt;br /&gt;
{| class=&amp;quot;wikitable&amp;quot; style=&amp;quot;margin-left: 25px; text-align:center&amp;quot;&lt;br /&gt;
! Amount in Original Actual Agreement !! Final Bill Total Exceeds Original Amount by:&lt;br /&gt;
|-&lt;br /&gt;
| 0-$25,000 || 50%&lt;br /&gt;
|-&lt;br /&gt;
| $25,000-$100,000 || 40%&lt;br /&gt;
|-	&lt;br /&gt;
| Exceeds $100,000 || 30%&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
Should multiple UT05s be required with the same utility owner, the UT05 should be modified for additional supplemental agreements. Once the final invoice on an UT05 is submitted to Financial Services, district utilities staff should change the status on the agreement in eAgreements to “completed”.&lt;br /&gt;
&lt;br /&gt;
==643.2.13 Utility Adjustments in Roadway Plans and Job Special Provisions (JSPs)==&lt;br /&gt;
It is the responsibility of the MoDOT Transportation Project Manager (TPM) to ensure utility plans of adjustment are shown on the project plans at the Plan, Specification, and Estimate (PS&amp;amp;E) stage based upon information coordinated by the district utilities staff with the appropriate utility owner.&lt;br /&gt;
&lt;br /&gt;
===643.2.13.1 Plans===&lt;br /&gt;
A legend showing all applicable utility symbols and the names of the utility owners is shown on the first special utility sheet. In the absence of special utility sheets, this information may be shown on the title sheet or the first plan and profile sheet. The following note is required to be placed on the title sheet or the first plan and profile sheet and the first special utility sheet (if used) to inform contractors of the suitability of the utility information contained on the plans.&lt;br /&gt;
&lt;br /&gt;
&amp;quot;The existence and approximate location of utility facilities known to exist, as shown on the plans, are based on the best information available to the Commission at this time. This information is provided by the Commission &amp;quot;as-is&amp;quot; and the Commission expressly disclaims any representation or warranty as to the completeness, accuracy, or suitability of the information for any use. Reliance upon this information is done at the risk and peril of the user, and the Commission shall not be liable for any damages that may arise from any error in the information&amp;quot;.&lt;br /&gt;
&lt;br /&gt;
===643.2.13.2 Job Special Provisions===&lt;br /&gt;
Since the addition of utility information on the plans, supplied by a third party, could subject the Missouri Highway and Transportation Commission to additional liability, a Utility JSP reflecting the status of utility adjustments will be required. The JSP will include the name, address, e-mail address, and telephone number of all utility owner representatives for all utility facilities located on the project. The anticipated adjustment completion date for each utility adjustment is also to be shown based on the agreed upon dates, durations, or completion dates with the utility owner’s representative. This information will inform the bidder of the status of utilities for proper work coordination that could affect the bids for the proposed highway construction project. Status notations will include general notations such as: “N/A”, “Work is in progress”, “Work has not started”, “Work is complete”, and “Work is included in contract.”&lt;br /&gt;
&lt;br /&gt;
===643.2.13.3 PS&amp;amp;E Submittal===&lt;br /&gt;
In the District Final Plans Submittal Checklist (D-12), the TPM should note any issues related to existing utility facilities or the adjustment of utility facilities either shown or not shown on the plans. Projects with “No Utility Impacts” such as some overlays, striping, bridge washing, etc. do not need a Utility Status Letter or Utility JSP. The D-12 is used for these projects. In the D-12, under Project Details – “Utilities”, the note “NO” is selected and under “Status”, select “Clear”. For all other projects, the district utilities staff will write a [https://epg.modot.org/forms/general_files/DE/utilitystatusletter Utility Status Letter]. The TPM will include the Utility Status Letter with the submittal of the final plans to the Design Division. The Utility Status will be defined as:&lt;br /&gt;
# Utility facilities are present, but no conflict is anticipated with the highway construction project. Or,&lt;br /&gt;
# All utility facilities requiring adjustment to allow highway construction have been physically adjusted on the project. Or,&lt;br /&gt;
# Utility construction work is planned or active and will be completed to such a point that no impact will be expected to the highway construction project. The status of this work is defined in the utility JSP. Or,&lt;br /&gt;
# Utility facilities are not expected to be adjusted by the notice to proceed date for the road project, but the utility work will have no impact on the progress of the highway construction project. The status of this work is defined in the utility JSP. Or,&lt;br /&gt;
# Utility facilities must be adjusted after the road contractor completes stage construction or in coordination with the contractors’ work. Details of the coordination effort required of the contractor are defined in the utility JSP to properly advise bidders. Or,&lt;br /&gt;
&lt;br /&gt;
# Utility adjustment plans and specifications are included in the bid documents for the highway construction project. A UT04 agreement must be executed.&lt;br /&gt;
&lt;br /&gt;
==643.2.14 Payment to Utility Companies for Reimbursable Work==&lt;br /&gt;
Authorization and federal funding obligation must be approved prior to incurring costs. This applies to all types of work on utility facilities including preliminary engineering. An obligation is a commitment by the federal government to reimburse MoDOT for the federal share of a project’s eligible cost.&lt;br /&gt;
&lt;br /&gt;
===643.2.14.1 Obligation Process===&lt;br /&gt;
Federal funding can be used with both lump sum and actual cost agreements. After the utility agreement is fully executed, the district utilities staff will email a copy of the utility agreement or the letter agreement referencing the MRUA to the email group OBLIGATE. This email should request the authorization authority for use of federal funds and to be informed of a Notice to Proceed (NTP) (see [[#643.2.15_Notice_to_Proceed|EPG 643.2.15]]) date by Financial Services once federal funding has been obligated. District utilities staff should allow three (3) weeks to receive the NTP. Financial Services will use Advance Construction (AC) funding to fund reimbursement to utility owners. With AC funding, state funds initially are used to pay for reimbursement to utility owners. Once construction is complete, with appropriate documentation of the work via the [https://epg.modot.org/forms/general_files/DE/C-9.docx C-9] and [https://epg.modot.org/forms/general_files/DE/C-13.docx C-13], Financial Services will convert to federal funding.&lt;br /&gt;
&lt;br /&gt;
===643.2.14.2 Preliminary Engineering===&lt;br /&gt;
On occasion, preliminary engineering (PE) may need to be undertaken by the utility owner prior to the execution of a utility agreement. If a utility owner has a MRUA, an estimate of the cost of the PE work by the utility owner may be used to obligate funding for preliminary engineering under the MRUA as a PE only letter agreement. If a lump sum or actual cost agreement will be required with the utility owner for the project, district utilities staff should do two (2) agreements with one agreement covering PE only, and once a design for the adjustment is obtained, a second agreement for the construction of the adjustment should be executed. If a separate PE only agreement is obtained, NTP will need to be issued twice to the utility owner: once for PE and once for construction.&lt;br /&gt;
&lt;br /&gt;
===643.2.14.3 Right of Way===&lt;br /&gt;
Once Notice to Proceed has been given, the utility owner may begin the right of way acquisition process. If the utility owner needs to acquire right of way prior to a full agreement for relocation has been negotiated, the agreement specifically for the acquisition of right of way should be executed. This agreement will be sent to Financial Services to begin the obligation process.&lt;br /&gt;
&lt;br /&gt;
===643.2.14.4 Construction===&lt;br /&gt;
Payment to utility owners for construction of the adjustment may occur in a number of phases.&lt;br /&gt;
&lt;br /&gt;
====643.2.14.4.1 Prepayment====&lt;br /&gt;
Per the utility agreement, the Commission allows utility owners to be prepaid prior to commencing work. The district utilities staff may negotiate the prepayment if the utility owner is receptive. The utility owner will submit a request for prepayment with an invoice prior to any prepayment. Route, county, and job number must be included in the request. The district utilities staff will submit a request to Financial Services with a copy saved in MoProjects for future reference by the district staff responsible for inspection of the utility adjustment.&lt;br /&gt;
&lt;br /&gt;
====643.2.14.4.2 Progress Payments====&lt;br /&gt;
If a utility owner has not been prepaid the entire estimated amount in the utility agreement, then the utility owner may request progress payments after completing a portion of the proposed work, including PE.&lt;br /&gt;
&lt;br /&gt;
Progress payments for PE by consultants should not exceed the &amp;quot;maximum not to exceed amount&amp;quot; shown in the cost estimate unless additional costs are approved first by district utilities staff.&lt;br /&gt;
&lt;br /&gt;
For progress payments, the utility owner is required to submit only a summary of work and materials for which payment is claimed, not a detailed billing. District utilities staff should check only to be sure that sufficient work has been done to justify making the requested payment. Payment should be made for allowable costs incurred up to the date of the progress payment request.&lt;br /&gt;
&lt;br /&gt;
Progress payment invoices do not relieve the utility owner of the responsibility of submitting one complete and final invoice upon completion of the adjustment. The utility owner’s address must be shown on the invoice. The district utilities staff should submit progress payment invoices and applicable C-9s to Financial Services within one (1) week of receipt of invoice.&lt;br /&gt;
&lt;br /&gt;
One copy of the progress payment and one copy of the district utilities staff letter of recommendation must be sent to Financial Services for payment and be stored in MoProjects. The cover memo should include the project number, route, county, actual cost or lump sum utility agreement, Commission obligation percentage, total cost estimate of Commission obligation, and indicate the progress payment number, i.e., progress payment number 1, 2, 3, etc. If more than one progress payment is requested by the utility company, the district should submit progress payment bills to Financial Services in the following format:&lt;br /&gt;
{| class=&amp;quot;wikitable&amp;quot; style=&amp;quot;margin-left: 25px; text-align:center&amp;quot;&lt;br /&gt;
! Payment !! Amount&lt;br /&gt;
|-&lt;br /&gt;
| Progress Payment #1 || $50,000&lt;br /&gt;
|-&lt;br /&gt;
| Progress Payment #2 || 10,000&lt;br /&gt;
|-	&lt;br /&gt;
| Total Payment to Date || $60,000&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
This format will help clarify payment history with the utility owner. Progress payments for actual cost utility agreements may not exceed the Commission&#039;s total estimated cost shown in the agreement. However, if the request for a progress payment exceeds the original estimate, a change order with explanation should accompany the request. (See [[#643.2.16.5_Change_Orders|EPG 643.2.16.5 Change Orders]].)&lt;br /&gt;
&lt;br /&gt;
====643.2.14.4.3 Final Payment====&lt;br /&gt;
Utility owners are required to submit a detailed final invoice to MoDOT for all actual cost reimbursable utility work and for any lump sum reimbursable utility work that was not prepaid. For prepaid lump agreements, the utility owner must submit a zero-dollar ($0) invoice to demonstrate the work has been completed. After the utility work has been fully completed, the district utilities staff responsible for inspection should send the utility owner a “60 Day” [https://epg.modot.org/forms/general_files/DE/FinalInvoiceLetter.docx Final Acceptance Letter] requesting a complete final invoice within 60 days, as detailed in the utility agreement. If the final invoice is not received from the utility owner within 30 days, then a follow up letter should be sent (i.e., “30 Day” [https://epg.modot.org/forms/general_files/DE/FinalInvoiceReminderLetter.docx Reminder Final Invoice Letter]) reminding the utility owner of its obligation to submit a final invoice within 60 days of the completed work. If a final invoice from the utility owner is not received within this timeframe, then the district utilities staff should contact the Design Liaison Engineer for guidance on how to close out the work.&lt;br /&gt;
&lt;br /&gt;
The district utilities staff is expected to check the final bill within two (2) weeks after receipt in as much detail as possible against the C-9. It is their responsibility to verify from field records the quantities of labor, equipment, material used, material retired, and to justify all changes made. If the utility owner’s contractor made the adjustment at unit cost prices, then it is the district utility staff’s responsibility to verify the number of units completed and not the hours of labor and equipment. It is also important for the utility owner to show the words “final bill” or “final invoice” on the last bill, in order for MoDOT to understand that no additional charges will be made on the adjustment. The final bill must show a general description of the utility adjustment, the highway project number, the date on which work was completed or last item of billed expense was incurred, and the location where records can be audited. The order of items in the final statement should follow as closely as possible the order of items in the original estimate. A summary, on the utility owner’s letterhead, of the total cost of preliminary engineering, construction engineering, right of way, labor, overhead, construction travel expense, transportation, equipment, materials, supply, handling, and salvage credits should be shown in a way that will permit direct comparison with the approved estimate from the original or supplemental agreements (see [[#643.2.12.6_Supplemental_Agreements|EPG 643.2.12.6]]).&lt;br /&gt;
&lt;br /&gt;
If the Actual Cost final invoice shows a much higher cost than the original estimate without scope change, the utility owner is required to give reasons in a letter to the district utilities staff explaining why the invoice cost increased. When the Actual Cost final invoice exceeds the amount shown in the table in [[#643.2.12.6_Supplemental_Agreements|EPG 643.2.12.6]], a supplemental agreement is required.&lt;br /&gt;
&lt;br /&gt;
When the district utilities staff has determined that the final invoice is accurate, the C-13 should be completed. Once the C-13 is completed, the C-13 and the final invoice from the utility owner are forward to Financial Services. For Actual Cost agreements, the C-9s should also be included in this transmittal. If no additional payments are required, the district utilities staff should note this in the transmittal as well. If the final invoice indicates previous payments to a utility owner exceeded the final invoice, the utility owner will need to send MoDOT a check for the overpayment amount. The check should be made payable to Director of Revenue – Credit State Road Fund. If the utility owner did not send MoDOT an overpayment check with the final invoice, district utilities staff should send a letter to the utility owner requesting the refund amount. Submittal of the final invoice to Financial Services should not occur until repayment has been received. The submittal to Financial Services should note the receipt of the repayment check.&lt;br /&gt;
&lt;br /&gt;
==643.2.15 Notice to Proceed==&lt;br /&gt;
For PE only, once an agreement has been executed, and Financial Services has advised that authorization from FHWA has been received, district utilities staff will issue a notice to proceed (NTP) letter to the utility owner for the PE. For agreements that include PE and construction or once a final agreement for construction has been executed, right of way clearance has been issued, and Financial Services has advised that authorization from FHWA has been received, the district utilities staff will issue NTP to the utility owner for construction. See [https://epg.modot.org/forms/general_files/DE/NoticeToProceedExampleLetter.docx Example of Notice to Proceed Letter]. If salvage credit is part of the agreement with the utility owner, the NTP letter should include a statement that the utility owner will need to inform district utilities staff of the time and place that inspection may be made of the removed material. The utility owner may be held accountable for full value of materials disposed without proper notice. Utility owners may purchase materials prior to NTP for construction; however, no other work on the adjustment necessary to allow highway construction may begin prior to NTP for construction. The utility owner, for reasons of planning their workload or due to seasonal situations, may request early authorization to perform the work. This request, with the district utilities staff recommendations, is sent to the Design Liaison Engineer for further handling, approval, and advancement of the necessary funds. A copy of the NTP should be saved in MoProjects. If a utility owner begins adjustments prior to NTP for construction, district utilities staff should notify the utility owner immediately in writing that reimbursement will not be made for work done prior to NTP for construction.&lt;br /&gt;
&lt;br /&gt;
==643.2.16 Construction of Utility Adjustments==&lt;br /&gt;
===643.2.16.1 Utility Owner Self-Perform===&lt;br /&gt;
As per 23 CFR 645.115 Construction, it may be cost-effective for certain utility adjustments to be performed by a utility owner with its own internal forces and equipment, provided the utility owner is qualified to perform the work in a satisfactory manner. This cost-effectiveness finding covers minor work on the utility owner’s existing utility facilities routinely performed by the utility owner with its own forces.&lt;br /&gt;
&lt;br /&gt;
===643.2.16.2 Construction Contract Requirements===&lt;br /&gt;
When the utility owner is not adequately staffed and equipped to perform such work with its own forces and equipment at a time convenient to coordination with the associated highway construction, such work may be done one of four ways for utility adjustments:&lt;br /&gt;
# MoDOT can provide the construction services, via awarded contract to the lowest qualified bidder based on appropriate solicitation. This can be done by including the adjustment work in the roadway improvement project ([[#643.2.14_Payment_to_Utility_Companies_for_Reimbursable_Work|EPG 643.2.12.4 Utility Agreement for Utility Work Included in Roadway Improvement Project]]) or by having a utility only project ([[#643.2.12.5_Agreement_for_a_Utility_Only_Project|EPG 643.2.12.5 Utility Only Project]]).&lt;br /&gt;
# The utility owner can award a construction contract to the lowest qualified bidder based on appropriate solicitation.&lt;br /&gt;
# The utility owner can utilize an existing continuing contract, provided the costs are reasonable (see [[#643.2.9.1_Independent_Cost_Estimate|EPG 643.2.9.1 Independent Cost Estimate]]).&lt;br /&gt;
# The utility owner can contract for low-cost incidental work, such as tree trimming and the like, without competitive bidding, provided the costs are reasonable (see [[#643.2.9.1_Independent_Cost_Estimate|EPG 643.2.9.1 Independent Cost Estimate]]).&lt;br /&gt;
&lt;br /&gt;
When a utility owner chooses option 2 to award its own new construction contract, the utility owner must provide the following documents and information to the district utilities staff. These documents need to be provided as soon as the utility owner has chosen to pursue a construction contract. Document 1 must be supplied by all utility owners. Documents 2 and 3 are only required when the utility owner is a local government agency who is also a political subdivision of the state of Missouri (e.g., city-owned utilities, county-owned utilities). All other utility owners are encouraged, but not required, to provide Documents 2 and 3.&lt;br /&gt;
# A statement that the utility owner is not staffed or able to perform the required construction activities with its own forces.&lt;br /&gt;
# A copy of the request for proposal used to secure bids.&lt;br /&gt;
# A list of a minimum of 3 bidders whom they believe can do the work. &#039;&#039;&#039;Political subdivisions are required to advertise for the work&#039;&#039;&#039;.&lt;br /&gt;
# Upon review of these documents, the district utilities staff will advise the utility owner to proceed with the solicitation of bids, but the utility owner will not be permitted to award the contract without the concurrence of district utilities staff. For lump sum agreements, approval of contract work and subcontract work is not required.&lt;br /&gt;
&lt;br /&gt;
The following documents need to be provided as soon as the utility owner has determined the lowest qualified contractor and would like to award the project. Document 1 must be supplied by all utility owners. Document 2 is only required when the utility owner is a local government agency who is also a political subdivision of the state of Missouri (e.g., city-owned utilities, county-owned utilities). All other utility owners are encouraged, but not required, to provide Document 2.&lt;br /&gt;
# The name address of the lowest qualified contractor.&lt;br /&gt;
# The tabulation of bids received and other information to support their recommendation for award to the lowest qualified bidder.&lt;br /&gt;
&lt;br /&gt;
The district utilities staff will review and approve the utility owner&#039;s bid information prior to the award of the contract. The Design Liaison Engineer is available to assist the district with review of bid information if necessary. Once the district utilities staff provides concurrence, the utility owner may proceed with awarding the contract. When the utility owner is a local government agency who is also a political subdivision of the state of Missouri (e.g., city-owned utilities, county-owned utilities), a copy of the executed contract must be shared with the district utilities staff. All other utility owners are encouraged, but not required, to provide a copy of the executed contract.&lt;br /&gt;
&lt;br /&gt;
A [https://epg.modot.org/forms/general_forms/DE/UtilityConsultantContractChecklist.docx checklist is available for reviewing contracts] to ensure the contract conforms to MoDOT policy and complies with applicable federal regulations.&lt;br /&gt;
&lt;br /&gt;
When a utility owner chooses to utilize an existing continuing contract, the utility owner will submit a copy of the contract to the district utilities staff. The district utilities staff will review the contract for reasonableness of cost. If district utilities staff and the utility owner’s representative cannot agree on the reasonableness of cost, then the utility owner will be required to award a new construction contract.&lt;br /&gt;
&lt;br /&gt;
===643.2.16.3 Inspection===&lt;br /&gt;
The degree of inspection needed for utility adjustments will vary considerably with the nature and location of the work and whether the Commission is responsible for any portion of the cost of reimbursement. Judgment must be used regarding the manner and regularity of inspection duties. Some phases of the work require a very close check to ensure that the highway will not be adversely affected and to ensure satisfactory performance of work in accordance with the agreement and plans. The degree of inspection may vary from spot checking of overhead installations to continuous close observation of backfilling trenches beneath proposed pavement, embankment area, or adjacent to bridge abutments. Proper inspection can ensure that the utility adjustment is completed as efficiently as possible to minimize future impacts to the utility facility and the highway construction project. A [https://epg.modot.org/forms/general_files/DE/UtilityFieldInspectionChecklist.docx Field Inspection Checklist] to assist district utilities staff responsible for inspection is available.&lt;br /&gt;
&lt;br /&gt;
If it is found that any actual cost reimbursable utility adjustment is being performed by unapproved contractors, district utilities staff should direct the work to stop. The utility owner’s representative should be informed immediately and should be advised in writing that the costs incurred by an unapproved contractor are not eligible for reimbursement under provisions of the agreement. The district utilities staff can take appropriate steps to approve a subcontract and advise when the utility owner can recommence work.&lt;br /&gt;
&lt;br /&gt;
===643.2.16.4 Documentation===&lt;br /&gt;
All documents related to the construction of the utility adjustment necessary to allow highway construction should be stored in MoProjects.&lt;br /&gt;
&lt;br /&gt;
Construction records must be kept to confirm that work is done in accordance with the terms of the agreement and in the manner proposed in the plans. The importance of a complete and accurate record cannot be overemphasized. Detailed records are necessary to support the recommendation for payment of the final invoice. A complete, separate daily record must be kept on each actual cost adjustment and submitted for review when the final invoice is recommended for payment. This district utilities staff responsible for inspection should complete the Daily Utility Report (C-9).&lt;br /&gt;
&lt;br /&gt;
====643.2.16.4.1 Utility Reports====&lt;br /&gt;
The Daily Utility Report ([https://epg.modot.org/forms/general_files/DE/C-9.docx Form C-9]) and the Final Utility Report ([https://epg.modot.org/forms/general_files/DE/C-13.docx Form C-13]) are used for documenting utility adjustments necessary to allow highway construction. The use of C-9s and C-13s will vary with method of reimbursement. For utility adjustments necessary to allow highway construction that overlap with the highway contractor’s work, progress records should be kept as necessary to coordinate the highway and utility construction activities. Sufficient records must be maintained to check and verify the items of labor, equipment, materials, and salvaged items as submitted on the final invoice.&lt;br /&gt;
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=====643.2.16.4.1.1 Daily Utility Report (C-9)=====&lt;br /&gt;
C-9s are only required for actual cost agreements. The district utilities staff responsible for inspection must in all cases keep records to document inclement weather, down time, and verbal authorization for minor changes. The district utilities staff responsible for inspection must complete a C-9 documenting the number and classification of employees and number of hours worked. Records of material used and of retired materials returned to stock or scrapped must be kept. The utility owner’s major items of equipment must also be recorded. When work is done by the contract method based on unit prices, the district utilities staff responsible for inspection should ascertain that units of work as provided in the bid proposal are measured and recorded to form a basis for checking the final invoice. C-9s should list the location and the number of units of work accomplished for that period. If contract labor or equipment is used by a utility owner on the basis of a bid per hour, per day, etc., it will be necessary to keep records on this labor or equipment time in the same manner as if the utility owner were performing the work with its own internal forces. District utilities staff responsible for inspection should also note all contractors working for the utility owner and the contractor approval authorization dates given in the agreement.&lt;br /&gt;
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=====643.2.16.4.1.2 Final Utility Report (C-13)=====&lt;br /&gt;
C-13s summarize that the utility adjustment work that was done in accordance with the agreement and plans, the percentage of total cost that is the responsibility of the Commission, and any progress payments that have been made. A C-13 is required for both actual cost and lump sum agreements. The requested numbers shown on line 9 (Commission Estimated Cost) and line 10 (Amount of Final Bill) in the report are the Commission’s total responsibility.&lt;br /&gt;
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====643.2.16.4.2 Breakdown and Emergency====&lt;br /&gt;
When breakdown and emergency situations occur, prior approval by MoDOT is not required for contract or equipment rental work unless the cost or period of time will be extensive. The utility owner should furnish a letter as soon as possible to explain the situation and set out the estimated costs involved. The district utilities staff’s records should substantiate the need and the changes for personnel and equipment.&lt;br /&gt;
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====643.2.16.4.3 Stop Work====&lt;br /&gt;
If at any point, a stop work order is given by MoDOT to a utility owner, written documentation of the stop work order should be saved in MoProjects.&lt;br /&gt;
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===643.2.16.5 Change Orders===&lt;br /&gt;
Any change in the plan of adjustment should be documented in writing to the utility owner as a change order. If the change order is anticipated to exceed $100,000 or 15% of the original agreement amount, district utilities staff should negotiate a supplemental agreement with the utility owner’s representative. Once a supplemental agreement is in place, district utilities staff should contact Financial Services to obtain an adjustment of the obligation mid-project. Change orders without supplemental agreements will be settled once the project is complete.&lt;br /&gt;
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====643.2.16.5.1 Actual Cost Agreement====&lt;br /&gt;
Slight modifications in quantities or the addition of minor items not included with the original agreement do not require a supplemental agreement. However, such changes should be documented in writing with the utility owner. A supplemental agreement is needed if costs exceed the above threshold or if there is a change in the percentage of cost that is the Commission’s responsibility on an agreement with shared responsibility for costs. Intermediate partial payments cannot be made on items in a supplemental agreement until the supplemental agreement is approved.&lt;br /&gt;
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====643.2.16.5.2 Lump Sum Agreement====&lt;br /&gt;
A supplemental agreement to a Lump Sum Agreement is only required for significant changes in the scope of work of the utility adjustment necessary to allow highway construction. Normal overruns are not considered as changes in approved work and will not be reimbursed. Significant changes in the scope of work on utility adjustments necessary to allow highway construction cannot be done until the supplemental agreement is approved, and the adjustment in obligation of funds is complete.&lt;br /&gt;
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==643.2.17 Utilities during Highway Construction==&lt;br /&gt;
The contractor is responsible for having utilities located by contacting Missouri One-Call (811) prior to any excavation on the project. A reminder of this responsibility should be made at the preconstruction meeting.&lt;br /&gt;
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===643.2.17.1 Preconstruction Meeting (Pre-Con)===&lt;br /&gt;
District utilities staff should be invited to all pre-cons.&lt;br /&gt;
&lt;br /&gt;
Pre-cons fall into three categories relating to utilities:&lt;br /&gt;
# No utility adjustments are anticipated within the project limits,&lt;br /&gt;
# All utility adjustments completed prior to the pre-con, and&lt;br /&gt;
# All utility adjustments not completed prior to the pre-con.&lt;br /&gt;
&lt;br /&gt;
====643.2.17.1.1 No Utility Adjustments Anticipated within the Project Limits====&lt;br /&gt;
For projects without a Utility Job Special Provision (JSP), no involvement of the utility owners is required at the pre-con. For projects with a Utility JSP, the Resident Engineer (RE) should invite all utility owner representatives listed in the JSP with known required adjustment to the pre-con. The RE should review potential impacts of the highway construction project with the contractor and the utility owner.&lt;br /&gt;
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====643.2.17.1.2 All Utility Adjustments Completed Prior to the Pre-Con====&lt;br /&gt;
The RE should invite all utility owner representatives listed in the JSP with known required adjustment to the pre-con. The RE should review potential impacts of the highway construction project with the contractor and the utility owner. A general discussion should highlight the previous adjustments made by the utility owner and what abandoned utility facilities the contractor may encounter.&lt;br /&gt;
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====643.2.17.1.3 All Utility Adjustments Not Completed Prior to the Pre-Con====&lt;br /&gt;
It is important for the RE and inspector to understand the utility owner’s work schedule and how it relates to the contractor’s work schedule. During the pre-con, the schedule of the utility owner and highway construction contractor should be discussed, and conflicts should be addressed to allow utility adjustments and highway construction to progress as near to the proposed schedule as possible. On large-scale projects that have many utility issues to address that could impact the work of the highway construction contractor, it may be necessary to have a separate pre-con with utility owner representatives.&lt;br /&gt;
&lt;br /&gt;
===643.2.17.2 Coordination Meetings===&lt;br /&gt;
When the utility work will not be completed soon after the preconstruction meeting, the RE should meet with district utilities staff, the highway construction contractor, and the utility owner representatives on a regular basis to discuss utility coordination issues, so expectations from all parties are known and conveyed clearly. The utility owner may need some work performed by MoDOT or the highway construction contractor prior to completing their adjustments. (Examples include: survey staking of right of way or proposed facilities, trees cleared, grading performed, or new structures built).&lt;br /&gt;
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==643.2.18 Service Drops==&lt;br /&gt;
Power and communication services provided by utility owners are necessary for the operation of the highway system. These services may include power to traffic signals, lighting, or ITS devices; power for cathodic protection; or telecommunication services to signal controllers or ITS devices. The project design teams should work with district utilities staff to identify proper locations for the applicable utility owners to provide these services. Various utility owners have different requirements for this process. The district utilities staff is encouraged to develop a workable relationship with the utility owners who provide these services to MoDOT. The costs of installing the services charged by the utility owner are considered a non-contractual item and should be accounted for in the project’s budget in the STIP. The proposed location and method for the service drops should be shown on the roadway plans. District utilities staff should meet with the utility owner’s representative to ensure the proposed location can be accommodated by the utility owner. For electrical service connections, the power supply assembly is ideally located a maximum of ten feet (10’) from the source location. Plans submitted for PS&amp;amp;E should reflect the agreed upon location for all service connections. During construction, district utilities staff and district construction staff should work together to ensure the placement of the services is consistent with the project plans. Payment for the service drops should be invoiced by the utility owner to the district. District utilities staff is responsible for submission of the invoice directly to Financial Services for payment noting the non-contractual charges for the project.&lt;br /&gt;
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==643.2.19 Buy America Build America for Utilities==&lt;br /&gt;
FHWA’s Buy America Build America (BABA) policies require a domestic manufacturing process for all steel or iron products, other construction materials, and manufactured products that are permanently incorporated into Federal-Aid Highway construction projects, including products and materials used for adjustments to utility facilities to allow highway construction. These guidelines are for all federally reimbursable transportation projects where FHWA is the lead federal agency; it does not take precedence over projects where Federal Transit Administration or the Federal Railroad Administration is deemed the be the lead federal agency.&lt;br /&gt;
&lt;br /&gt;
===643.2.19.1 Program Requirements for Utilities===&lt;br /&gt;
All MoDOT projects are federal-aid projects, and therefore, all reimbursable utility adjustments are required to follow the provisions of BABA. More information on MoDOT’s BABA policy and procedures can be found in [[106.9_Buy_America_Requirement|EPG 106.9 Buy America Requirement]]. Specifically, utility owners should be aware of the following procedures for determining applicability of the EPG 106.9 requirements to reimbursable utility adjustments necessary to allow highway construction:&lt;br /&gt;
* BABA does not apply when materials are relocated from one location to another within the project limits.&lt;br /&gt;
* BABA does not apply for materials necessary for temporary utility adjustments assuming materials are removed from the right of way upon completion of the utility adjustment to allow highway construction.&lt;br /&gt;
* Non-reimbursable work must be kept separate from reimbursable work (agreements, permits, etc.) in order to not be subject to BABA.&lt;br /&gt;
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===643.2.19.2 Certification Requirements for Utilities===&lt;br /&gt;
Utility owners have the option of choosing either to self-certify BABA compliance or provide vendor/manufacturer certification to MoDOT. The method of certification is chosen by the utility owner and is documented in either the MRUA or the project specific agreement. Regardless of agreement type or certification method, the utility owner must be compliant with BABA requirements.&lt;br /&gt;
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====643.2.19.2.1 BABA Utility Owner Self-Certification====&lt;br /&gt;
If a utility owner chooses to self-certify BABA compliance, the utility owner is not required to provide MoDOT copies of the supplier certification as part of the project documentation or with the final invoice for any reimbursable utility adjustment necessary to allow highway construction. Retention of all documents should be as described in the agreement.&lt;br /&gt;
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====643.2.19.2.2 BABA Vendor/Manufacturer Certification====&lt;br /&gt;
If a utility owner chooses to use vendor/manufacturer certification, the utility owner will supply MoDOT BABA compliance from all vendors and/or manufacturers. Certification from vendors will be signed by an authorized representative of the vendor on company letterhead or other acceptable documentation and will declare that all supplied materials subject to BABA requirements are fully compliant. Certification from iron or steel manufacturers must be in the form of a mill test report (MTF) issued and signed by the initial fabricator stating the materials subject to BABA were melted and manufactured in the United States. Other written statements on company letter or other acceptable documentation signed by an authorized representative of the manufacturer for any additional treatment to the fabricated material (such as blasting, galvanizing, painting, or coating) will state that all treatment processes occurred in the United States according to FWA guidelines. Retention of all documents should be as described in the agreement. Manufacturer certification for manufactured products or construction materials will state that all materials were sourced from the United States and were fabricated in the United States. Retention of all documents should be as described in the agreement.&lt;br /&gt;
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&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643.3 Reserved for Future Use &#039;&#039;PAGE TITLE&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;&lt;br /&gt;
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&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643.4 Railroads (NO CHANGE) &#039;&#039;PAGE TITLE&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;&lt;br /&gt;
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==236.5.12 Excess Land Conveyances &amp;amp; Relinquishments - Utilities==&lt;br /&gt;
All conveyances and relinquishments of Commission-owned property shall be evaluated for the existence of any utility facilities located within the areas to be conveyed or relinquished. A conveyance or relinquishment of Commission-owned property may have implications to the utility facilities, and the utility owners, when the Commission no longer controls the property. It is important to maintain the continuity of utility facilities for the general public; therefore, to identify and minimize potential impacts, MoDOT shall involve utility owners in the conveyance and relinquishment processes.&lt;br /&gt;
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===236.5.12.1 Excess Land Conveyances Utilities===&lt;br /&gt;
MoDOT shall only recommend that a property be declared excess upon satisfactorily addressing the utility impacts. Whether MoDOT or an external party initiates the conveyance of excess property, utility impacts shall be adequately addressed by using one of the following methods: &lt;br /&gt;
:1. Each utility facility will be relocated by permit into a new utility corridor retained by the Commission.&lt;br /&gt;
:2. Each utility facility will remain in place with the benefit of a non-exclusive permanent utility easement.&lt;br /&gt;
::&#039;&#039;If the Commission holds fee simple title to the property, the Commission shall convey a non-exclusive permanent utility easement to each utility owner&#039;&#039;.&lt;br /&gt;
::&#039;&#039;If the Commission holds a less than fee simple title interest in the property, MoDOT shall facilitate the conveyance of a non-exclusive permanent utility easement from the party acquiring the property to each utility owner&#039;&#039;.&lt;br /&gt;
:3. Each utility facility will be relocated to another portion of the property being conveyed.&lt;br /&gt;
::&#039;&#039;If the Commission holds fee simple title to the property, the Commission shall convey a non-exclusive permanent utility easement to each utility owner&#039;&#039;. &lt;br /&gt;
::&#039;&#039;If the Commission holds a less than fee simple title interest in the property, MoDOT shall facilitate the conveyance of a non-exclusive permanent utility easement from the party acquiring the property to each utility owner&#039;&#039;.&lt;br /&gt;
:4. Each utility facility will be relocated onto a portion of the property already owned by the party acquiring the Commission-owned property, with the benefit of a non-exclusive permanent easement. (MoDOT shall facilitate the conveyance of a non-exclusive permanent utility easement from the party acquiring the property to each utility owner.)&lt;br /&gt;
:5. A three-party negotiated settlement taking into consideration the overall value of the proposed transaction.&lt;br /&gt;
:6. Additional options to address utility impacts may be utilized with approval from the Asst. to the State Design Engineer - Right of Way.&lt;br /&gt;
&lt;br /&gt;
===236.5.12.2 Road Relinquishment Utilities===&lt;br /&gt;
MoDOT shall only recommend the relinquishment of roadways through the [[236.14 Change in Route Status Report|Change in Route Status Report]] upon satisfactorily addressing the impacts to utility facilities. If the roadway will be relinquished to a local public transportation authority, with the intent that it continues to be used as a public roadway, a clause similar to the following shall be included in the deed from the Commission to the local public transportation authority:&lt;br /&gt;
:&#039;&#039;&amp;quot;Grantee, by acceptance of this conveyance, covenants and agrees for itself, its successors and assigns, to allow known or unknown utility facilities currently located on the property, whether of record or not, to remain on the property, and to grant the current and subsequent owners of those facilities the right to maintain, construct and reconstruct the facilities and their appurtenances over, under, and across the land herein conveyed, along with the right of ingress and egress across the land herein conveyed to and from those utilities.&amp;quot;&#039;&#039; &lt;br /&gt;
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Proposed roadway relinquishments to private entities shall be reviewed in a manner consistent with the conveyance of excess property described in [[236.5 Property Management#236.5.3 Asset Management Committee|EPG 236.5.3 Asset Management Committee]].&lt;/div&gt;</summary>
		<author><name>Hoskir</name></author>
	</entry>
	<entry>
		<id>https://epg.modot.org/index.php?title=User:Hoskir/Revision_Request_4225&amp;diff=58904</id>
		<title>User:Hoskir/Revision Request 4225</title>
		<link rel="alternate" type="text/html" href="https://epg.modot.org/index.php?title=User:Hoskir/Revision_Request_4225&amp;diff=58904"/>
		<updated>2026-06-26T12:51:43Z</updated>

		<summary type="html">&lt;p&gt;Hoskir: /* 643.1.7.4 Water Supply Interconnections */&lt;/p&gt;
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&lt;div&gt;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643 Utility Procedures  &#039;&#039;CATEGORY&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt; &lt;br /&gt;
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| &#039;&#039;&#039;&amp;lt;center&amp;gt;&amp;lt;u&amp;gt;Additional Resources&amp;lt;/u&amp;gt;&amp;lt;/center&amp;gt;&#039;&#039;&#039;&lt;br /&gt;
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| ● [https://www.ecfr.gov/current/title-23/chapter-I/subchapter-G/part-64523 CFR 645]&lt;br /&gt;
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| ● [https://www.sos.mo.gov/cmsimages/adrules/csr/current/7csr/7c10-3.pdf7 CSR 10-30]&lt;br /&gt;
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&#039;&#039;&#039;Utility Accommodation Policy:&#039;&#039;&#039; State DOTs are required to develop policies and procedures pertaining to the use, accommodation, and/or relocation of public and private utility facilities on highway rights-of way using Federal-aid highway funds. State DOTs are required to develop, maintain, and obtain FHWA approval of their Utility Accommodation Policy (UAP) (23 CFR section 645.215). This EPG article 643 and subarticles 643.1 through 643.3 are Missouri Department of Transportation (MoDOT)’s Utility Accommodation Policy. Text in EPG 643 consolidates various federal and state statutes and rules into a single, cohesive, workable policy to outline processes for MoDOT staff and utility owners.&lt;br /&gt;
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&#039;&#039;&#039;Delegation of Work:&#039;&#039;&#039; Each MoDOT district is responsible for ensuring implementation of the UAP outlined in the subsequent EPG articles. Each district can create its own organization for whom is responsible for the work including between divisions and job titles. Work responsibilities within this article and subarticles are generic where possible. If a specific title is included, that title has sole responsibility for that item of work.&lt;br /&gt;
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&#039;&#039;&#039;643 documents not being used&#039;&#039;&#039;&lt;br /&gt;
[[media:144 Major Highway System 2022.pdf|major routes]]&lt;br /&gt;
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&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643.1 Utility Location  &#039;&#039;PAGE TITLE&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt; &lt;br /&gt;
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The information in this article provides a uniform system for regulating the location, construction, maintenance, removal, and relocation of utility facilities on the right of way of roadways located on the state highway system. It also provides for the facilitation of construction and maintenance of these roadways. Any location or relocation of utility facilities contrary to this information is an interference with the construction, maintenance, or operation of a state highway and its right of way and is prohibited.&lt;br /&gt;
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==643.1.1 Permits==&lt;br /&gt;
All utility owners are required to obtain a permit to work on Missouri Highway and Transportation Commission (Commission) right of way. A permit is required for original installation of the utility facility, on-going maintenance of the utility facility, or adjustments to a utility facility necessary to allow highway construction. Per [[127.29_Stormwater#127.29.4.3_MCM_3:_Illicit_Discharge_Detection_and_Elimination_(IDDE)_Program|EPG 127.29.4.3]], discharges of anything other than stormwater are not permitted. A deposit or bond is required to ensure completion of the work in accordance with the permit issued. An [https://www.modot.org/permits application for a permit] may be made on established forms specifically stating the nature of the work to be performed. Applications for permits may be obtained at any of the [https://www.modot.mo.gov/ seven (7) district highway offices] of the Commission, [https://www.modot.mo.gov/ MoDOT&#039;s website], or by requesting it from the office of the Missouri Highways and Transportation Commission in Jefferson City, Missouri. The application for a permit will specifically state the nature of the work to be performed, what specific type of utility facility is to be installed, and, if necessary, the timeframe of any temporary use. Piping of any type of sewage or waste will only be allowed providing any permitting by a regulatory agency, such as Missouri Department of Natural Resources, can be provided. Prior to obtaining a permit through MoDOT’s permit system, a utility owner will be required to provide a bond to ensure satisfactory work and complete a TR50 Electronic Signature Agreement with the Commission. The name of the utility owner must match on the bond, TR50, and in the permit system. More information on permitting can be found in [[:Category:941_Permits_and_Access_Requests|EPG 941]].&lt;br /&gt;
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===643.1.1.1 Emergency Work===&lt;br /&gt;
When emergency operations work is necessary, the damaged utility facility may be accessed immediately and without a permit by leaving the pavement at such points as may be necessary to effect emergency repairs, provided immediate notice is given to the Missouri State Highway Patrol and the district utilities staff for the district wherein the work will be performed, and a permit for emergency operations is requested immediately upon discovery of the need for emergency operations. A permit for emergency operations work is to be obtained as soon as practical, but in no event later than two (2) working days after the emergency operations work has commenced. Emergency operations include, but are not limited to, unplanned work in response to utility facilities being so damaged as to constitute an emergency situation directly affecting or endangering traffic on the highway or public health or safety.&lt;br /&gt;
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===643.1.1.2 Third-Party Inspection===&lt;br /&gt;
When a utility owner has a large number of projects in a given area or projects involving great complexity, MoDOT reserves the right to limit the number of permits open at any given time. With approval of the district utilities staff, a utility owner may hire a third-party inspector, at their cost. The third-party inspector will allow the utility owner to increase the number of permits open at any given time. The responsibility of the third-party inspector will be to ensure the installation of the utility facility proceeds in a manner consistent with the plans approved in the permit, including all work zone requirements and conformity with MoDOT’s Standards and Specifications. The MoDOT approved third-party inspector will be listed in the permit. MoDOT may audit third-party inspections and revoke the right to use third-party inspections should the inspectors fail to perform their duties.&lt;br /&gt;
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===643.1.1.3 Abandoned Utility Facilities===&lt;br /&gt;
All utility facilities installed in Commission right of way are the property of the utility owner whether the utility facility is active or inactive. MoDOT may allow a utility facility to remain on Commission right of way whether the utility facility was abandoned for a MoDOT project or at the utility owner’s discretion. MoDOT may place requirements (such as removing inactive fiber optic cables, grouting pipes, removing valves) on the utility owner as part of the process of abandoning a utility facility. Liability for damage to Commission right of way due to an abandoned facility remains the responsibility of the utility owner. In the event MoDOT requires the removal of the abandoned utility facility, responsibility for the cost of the removal will be determined per [[#643.2.8_Cost_Responsibility|EPG 643.2.8]].&lt;br /&gt;
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==643.1.2 Definitions==&lt;br /&gt;
&#039;&#039;&#039;Bridge Attachment:&#039;&#039;&#039; A bridge attachment is any utility facility, including communication lines and electrical lines, or any other utility facility of a similar nature that is fastened to a bridge for the purpose of spanning an obstacle.&lt;br /&gt;
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&#039;&#039;&#039;Clear zone:&#039;&#039;&#039; The total roadside border area starting at the edge of the traveled way, available for safe use by errant vehicles. This area may consist of a shoulder, a recoverable slope, a non-recoverable slope, and/or the area at the toe of a non-recoverable slope available for safe use by an errant vehicle. Clear zone dimensions are provided in the current edition of American Association of State Highway Transportation Officials Roadside Design Guide.&lt;br /&gt;
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&#039;&#039;&#039;Ditch Line:&#039;&#039;&#039; A line where the roadway ditch meets the back slope. It is located at the lowest point of a V-bottom ditch or furthest point from the roadway of a flat bottom ditch where the roadway slopes back to the existing ground line.&lt;br /&gt;
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&#039;&#039;&#039;Duct:&#039;&#039;&#039; An enclosed tubular casing, or raceway, for protecting wires, lines, or cables that is often flexible or semi-rigid (1-3% diametric deflection). The casing, or raceway, is separate from the cable or conductor that passes through it.&lt;br /&gt;
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&#039;&#039;&#039;Encasement:&#039;&#039;&#039; The term encasement means the placing of an installation around and outside of an underground facility consisting of a larger conduit that permits the removal and replacement of the facility. An alternate to the conduit type encasement is reinforced concrete poured around the utility facility. Utility owners are allowed to use any types of material as a carrier and encasement for its facilities as expressly provided for in the permit issued for the installation of the utility facility.&lt;br /&gt;
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&#039;&#039;&#039;Freeway:&#039;&#039;&#039; A divided arterial highway with full control of access.&lt;br /&gt;
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&#039;&#039;&#039;Highway:&#039;&#039;&#039; Any public way for vehicular travel, including the entire area within the right of way and related facilities constructed or improved and maintained by the Missouri Highways and Transportation Commission (MHTC) acting through the Missouri Department of Transportation (MoDOT).&lt;br /&gt;
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&#039;&#039;&#039;Interchange Limits:&#039;&#039;&#039; For the uniform handling of utility installations only, the limits of an interchange are the outside ramp curve points. See [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_1_TypicalInterchangeLimits_AOD.pdf EPG Figure 643.1.1] for an example.&lt;br /&gt;
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&#039;&#039;&#039;Interstate System or Other Freeways/Expressways:&#039;&#039;&#039; Interstate highways and highways with fully controlled access.&lt;br /&gt;
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&#039;&#039;&#039;Major Routes (Interstates, Freeways/Expressways and Principal Arterials):&#039;&#039;&#039; The major highway system is all routes functionally classified as principal arterials. The principal arterial system provides for statewide or interstate movement of traffic. The major roads in Missouri total approximately 5,500 centerline miles.&lt;br /&gt;
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&#039;&#039;&#039;Minor Routes:&#039;&#039;&#039; The minor highway system is all routes functionally classified as minor arterials or collectors. These routes mainly serve local transportation needs. The minor roads in Missouri total approximately 28,400 centerline miles.&lt;br /&gt;
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&#039;&#039;&#039;Normal Right of Way Line:&#039;&#039;&#039; An imaginary line that connects sudden breaks in the major right of way points for roadways. Sight distance right of way points (triangles) at roadway intersections are not to be considered as sudden breaks for determining normal right of way.&lt;br /&gt;
[[File:fig_643.1.2-06_2026.jpg|none|700px|thumb|Figure 643.1.2 Normal Right of Way Line.]]&lt;br /&gt;
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&#039;&#039;&#039;Private Lines:&#039;&#039;&#039; Privately owned utility facilities which convey or transmit the commodities outlined in the definition of utility facility of this section but devoted exclusively to private use.&lt;br /&gt;
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&#039;&#039;&#039;Scenic Enhancement Areas:&#039;&#039;&#039; Scenic enhancement areas include areas acquired or so designated as scenic strips, overlooks, rest areas, recreation areas, and the right of way of adjacent roadways and the right of way of roadways that pass through public parks and historic sites as described under 23 USC 138.&lt;br /&gt;
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&#039;&#039;&#039;Utility Corridor:&#039;&#039;&#039; An area established for the placement of utility facilities parallel to the normal right of way line.&lt;br /&gt;
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&#039;&#039;&#039;Utility Facility:&#039;&#039;&#039; Privately, publicly, or cooperatively owned line, facility, or system for producing, transmitting, or distributing communications, cable television, power, electricity, light, heat, gas, oil, crude products, water, steam, waste, storm water not connected with highway drainage or any other similar commodity, including any fire or police signal system or street lighting system which directly or indirectly serves the public and does not include privately owned facilities devoted exclusively to private use. The term &amp;quot;utility facility&amp;quot; includes those facilities used solely by the utility owner that are a part of its operating plant.&lt;br /&gt;
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&#039;&#039;&#039;Utility Owner:&#039;&#039;&#039; The utility owner is the utility company, inclusive of any wholly owned or controlled subsidiary, or city or county which owns utility facilities. The term also includes those government agencies that lease a utility facility for its own use or otherwise dedicated solely to governmental use.&lt;br /&gt;
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&#039;&#039;&#039;Variance:&#039;&#039;&#039; A one- (1-) time deviation from the requirements for location or relocation of utility facilities on the right of way of highways in the state highway system as established in [https://www.sos.mo.gov/cmsimages/adrules/csr/current/7csr/7c10-3.pdf Title 7 Code of State Regulations 10-3], requested by the utility, and approved by a MoDOT District Design Engineer.&lt;br /&gt;
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==643.1.3 Location of Utility Facilities==&lt;br /&gt;
Utility facilities paralleling the roadway should be installed in the utility corridor except as outlined below. The utility corridor is the space for all utility owners generally within six feet (6’) of the normal right of way line. When considering if the current utility corridor is available to expand from six feet (6’) to as much as twelve feet (12’), MoDOT determines if the expansion is warranted. In making the determination, MoDOT will consider the existing utilization of the original six feet (6’) corridor. Poles must remain within two feet (2’) of the normal right of way line unless approved by a variance. The utility corridor will only be expanded beyond six feet (6’) if the original six feet (6’) corridor is fully utilized and additional space would be required to accommodate additional utility facilities. Acquisition of additional right of way to establish a twelve feet (12’) corridor is not required on highway construction projects. For depths for underground utility facilities, see [[#643.1.4.1_Minimum_Cover_for_Underground_Facilities|EPG 643.1.4.1]].&lt;br /&gt;
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Utility facilities crossing the roadway should be installed as close to ninety degrees (90°) to the centerline of the roadway as possible and based on the guidelines below depending on the type of roadway. See [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_3_TypicalUtilityCorridor-InterchangeatMajorRoute_AOD.pdf EPG Figure 643.1.3] and [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_4_TypicalUtilityCorridor-InterchangeatMinorRoute_AOD.pdf EPG Figure 643.1.4] for typical utility corridors around interchanges.&lt;br /&gt;
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===643.1.3.1 Interstate System or Other Major Freeways/Expressways===&lt;br /&gt;
The installation of all utility facilities on highways of the Interstate System or other major freeways/expressways with fully controlled access are to be installed, serviced, and maintained without entering or leaving the roadway and ramps except at points approved by MoDOT for that purpose and without parking any equipment or storing materials upon the medians, roadway and ramps, or shoulders of the roadways. Cutting or damaging the pavement or paved shoulders is not permitted. New service connections to existing parallel utility facilities are to be permitted only where an outer roadway exists and then only where access is permitted by the Commission. Careful consideration will be given to the location of guys, anchors, braces, and other supports. Generally, good design practice will provide that appurtenances be located at right of way jogs, along intersecting road right of way, or at other similar acceptable locations, so that encroachment is held to an absolute minimum.&lt;br /&gt;
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No utility facilities will be permitted within the interchange limits of an interchange between fully limited access highways where planned or existing. Utility facilities within the interchange limits of an interchange with a non-access controlled highway will be permitted only along the minor road, provided that all construction, service, and maintenance can be performed from the minor road. Manholes and poles must be located beyond the ramp termini.&lt;br /&gt;
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For structures carrying or over interstates or other major freeways/expressways, see [[#643.1.5_Bridge_Attachment_Policy|EPG 643.1.5]].&lt;br /&gt;
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====643.1.3.1.1 Utility Facilities Crossing the Interstate or Other Major Freeways/Expressways====&lt;br /&gt;
=====643.1.3.1.1.1 Overhead Crossings of the Interstate or Other Major Freeways/Expressways=====&lt;br /&gt;
Overhead crossings of utility facilities are permitted only for power transmission and distribution lines and for multiple circuit communication lines where an underground installation is not economically feasible. Supports for existing utility facilities crossing overhead may remain on the right of way provided they are near the right of way line regardless of the presence of an outer road. Supports for new overhead utility facilities crossing overhead may be located on the right of way near the right of way line where an outer roadway exists and are to be located off the right of way where no outer roadway exists. Overhead service crossings are only permitted in isolated cases for residential or commercial establishments when the denial of the crossing would require construction of more than 1,200 feet (1,200’) of utility line to provide the service. Main or distribution line crossings are required to serve a general area other than isolated cases.&lt;br /&gt;
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=====643.1.3.1.1.2 Underground Crossings of the Interstate or Other Major Freeways/Expressways=====&lt;br /&gt;
Underground crossings of utility facilities are to be continuously encased under the pavement, medians, ramps, and shoulders with the casing extending to the toe of the fill slopes or to the ditch line. In curbed sections, encasement should extend outside the outer curb of the roadways a distance equal to the depth of the encasement at the curb line. Where installed by open trench through unpaved areas, detector tape should be placed approximately one foot (1&#039;) above the encasement. Where an interstate or other major freeway has a parallel outer roadway, encasement should be continuous under all roadways within the right of way.&lt;br /&gt;
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Manholes or vent pipes are to be located at the right of way line or adjacent to the outer roadway.&lt;br /&gt;
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For fiber optic cable, encasement should extend from within six feet (6&#039;) of one right of way line to within six feet (6&#039;) of the other right of way line.&lt;br /&gt;
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Exceptions may be made for encasement as listed in [[#643.1.4.2_Exceptions_to_Encasement|EPG 643.1.4.2]].&lt;br /&gt;
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====643.1.3.1.2 Parallel Installations along the Interstate or Other Major Freeways/Expressways====&lt;br /&gt;
New parallel installations on the right of way may be permitted only where an outer roadway exists, provided that poles are within two feet (2&#039;) of the normal right of way line and underground utility facilities are within the utility corridor, and provided that the utility facility can be installed and maintained between the outer roadway and the right of way line. Existing overhead or underground utility facilities that parallel an existing roadway which will be incorporated into a completed highway as an outer roadway may remain in place if all maintenance and service can be performed from an outer roadway and the existing location does not interfere with construction, maintenance, or operation of the completed highway. If an existing parallel utility facility needs to be relocated so as to not interfere with the construction, maintenance, or operation of the completed interstate or other major freeway, poles may be located withing five feet (5’) of the right of way line.&lt;br /&gt;
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Underground utility facilities are expected to be buried within the utility corridor of sight distance triangles (SDTs) at roadway intersections unless granted a variance. Overhead utility facilities may be allowed to span intersecting roadways with SDTs provided the poles, or supports, are located outside the SDT.&lt;br /&gt;
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====643.1.3.1.3 Sanitary Sewers within the Right of Way of Interstates or Other Major Freeways/Expressways====&lt;br /&gt;
New installations of sanitary sewers should follow the applicable guidelines for either underground crossings or parallel installations as appropriate. Existing gravity trunk sanitary sewers should be considered individually and removed or left in place contingent upon its age, condition, feasibility of moving, and maintenance access. Encasement of existing trunk sewers left in place may be required for questionable condition, protection during construction, or heavy fills.&lt;br /&gt;
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Manholes should be relocated to the right of way lines or adjacent to an outer roadway.&lt;br /&gt;
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===643.1.3.2 Major Routes===&lt;br /&gt;
For structures carrying or over major routes, see [[#643.1.5_Bridge_Attachment_Policy|EPG 643.1.5]].&lt;br /&gt;
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====643.1.3.2.1 Major Routes with Partially Controlled Access Right of Way====&lt;br /&gt;
The installation of all utility facilities on highways with partially controlled access right of way are to be installed, serviced, and maintained without entering or leaving the roadway and ramps except at points approved by MoDOT for that purpose and without parking any equipment or storing materials upon the medians, roadway and ramps, or shoulders of the roadways. Cutting or damaging the pavement or paved shoulders is not permitted. Equipment or materials stored within the right of way must be protected by longitudinal barrier or be located outside the clear zone. New service connections to existing parallel utility facilities are to be permitted only where granted by the Commission.&lt;br /&gt;
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No utility facilities will be permitted within the interchange limits of an interchange between fully limited access highways where planned or existing. Utility facilities within the interchange limits of an interchange with a non-access controlled highway will be permitted only along the minor road, provided that all construction, service, and maintenance can be performed from the minor road. Manholes and poles must be located beyond the ramp termini.&lt;br /&gt;
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====643.1.3.2.2 Major Routes with Normal Access Right of Way====&lt;br /&gt;
All new utility facilities will be installed and maintained without cutting or damaging the pavement or paved shoulders except in the event underlying rock formations or other obstructions are encountered that prevent boring or pushing operations. A variance may be granted for pavement cuts when the need is established. Pavement cuts may only be made by permits issued when it is impractical to otherwise service and maintain the facility. The installation of all utility facilities is to be installed without parking any equipment or storing materials upon the medians, roadway and ramps, or shoulders of the roadways. Equipment or materials stored within the right of way must be protected by longitudinal barrier or be located outside the clear zone.&lt;br /&gt;
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====643.1.3.2.3 Utility Facilities Crossing Major Routes====&lt;br /&gt;
=====643.1.3.2.3.1 Overhead Crossings of Major Routes=====&lt;br /&gt;
Supports for utility facilities crossing overhead should be located as near the right of way line as possible. For major routes with controlled access right of way, new overhead service crossings may be permitted in isolated cases for residential or commercial establishments where the denial of such crossings would require the construction of more than 1,200 feet (1,200’) of utility line to provide the same service. For major routes with normal access right of way, there is no restriction on the placement of service crossings.&lt;br /&gt;
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=====643.1.3.2.3.2 Underground Crossings of Major Routes=====&lt;br /&gt;
Underground crossings of utility facilities are to be continuously encased under the pavement, medians, ramps, and shoulders with the casing extending to the toe of the fill slopes or to the ditch line. In curbed sections, encasement should extend outside the outer curb of the roadways a distance equal to the depth of the encasement at the curb line. Where installed by open trench through unpaved areas, detector tape should be placed approximately one foot (1&#039;) above the encasement. Where a major route has a parallel outer roadway, encasement should be continuous under all roadways within the right of way.&lt;br /&gt;
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Manholes or vent pipes are to be located at the right of way line or adjacent to the outer roadway.&lt;br /&gt;
&lt;br /&gt;
For fiber optic cable, encasement should extend from within six feet (6&#039;) of one right of way line to within six feet (6&#039;) of the other right of way line.&lt;br /&gt;
&lt;br /&gt;
Exceptions may be made for encasement as listed in [[#643.1.4.2_Exceptions_to_Encasement|EPG 643.1.4.2]].&lt;br /&gt;
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====643.1.3.2.4 Parallel Installations along Major Routes====&lt;br /&gt;
New parallel installations on the right of way may be permitted provided that poles are within two feet (2&#039;) of the normal right of way line and underground utility facilities are within the utility corridor. Existing overhead or underground utility facilities that parallel an existing roadway which will be incorporated into a completed highway may remain in place if all maintenance and service can be performed without entering or leaving the roadway except at approved access points; without parking equipment or storing materials on the median, pavement, ramps, or shoulders; and the existing location does not interfere with construction, maintenance, or operation of the completed highway. If an existing parallel utility facility needs to be relocated so as to not interfere with the construction, maintenance, or operation of the completed highway, poles may be located withing five feet (5’) of the right of way line.&lt;br /&gt;
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Existing steel pipe transmission and distribution facilities for gaseous petroleum products that parallel an existing roadway that will be incorporated into the completed roadway may be left in place subject to an agreement by the utility owner that maintenance or service and facility expansion will be performed without cutting or damaging the pavement or interfering with the construction, maintenance, and operation of the highway and provided that the facility is cathodically protected against corrosion and meets the applicable material requirements.&lt;br /&gt;
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Underground utility facilities are expected to be buried within the utility corridor of sight distance triangles (SDTs) at roadway intersections unless granted a variance. Overhead utility facilities may be allowed to span intersecting roadways with SDTs provided the poles, or supports, are located outside the SDT.&lt;br /&gt;
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====643.1.3.2.5 Sanitary Sewers within the Right of Way of Major Routes====&lt;br /&gt;
New installations of sanitary sewers should follow the applicable guidelines for either underground crossings or parallel installations as appropriate. An existing gravity trunk sanitary sewer should be considered individually and removed or left in place contingent upon its age, condition, feasibility of moving, and maintenance access. If an existing parallel gravity main is left in place within the limits of the paved surface, paved shoulder lines, or curb lines, stub mains as required will be laid between the sewer main and curb or shoulder lines for future service connections in each block. Manholes should be relocated outside the traveled roadway as near the right of way line as practical.&lt;br /&gt;
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===643.1.3.3 Minor Routes===&lt;br /&gt;
For structures carrying or over minor routes, see [[#643.1.5_Bridge_Attachment_Policy|EPG 643.1.5]].&lt;br /&gt;
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====643.1.3.3.1 Utility Facilities Crossing Minor Routes====&lt;br /&gt;
=====643.1.3.3.1.1 Overhead Crossings of Minor Routes=====&lt;br /&gt;
Existing overhead crossings that interfere with construction, maintenance, or operation should be relocated with their supports as near the right of way line as is practical. New overhead crossing installations should be located with their supports as near the right of way line as is practical.&lt;br /&gt;
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=====643.1.3.3.1.2 Underground Crossings of Minor Routes=====&lt;br /&gt;
All new utility facilities should be installed and maintained without cutting or damaging the pavement or paved shoulders. A variance may be granted for pavement cuts when servicing and maintaining the facility by any other methods is impractical. Pavement cuts may only be made by permits issued. Underground crossings of utility facilities are to be continuously encased under the pavement, medians, ramps, and shoulders with the casing extending to the toe of the fill slopes or to the ditch line. In curbed sections, encasement should extend outside the outer curb of the roadways a distance equal to the depth of the encasement at the curb line. Where installed by open trench through unpaved areas, detector tape should be placed approximately one foot (1&#039;) above the encasement.&lt;br /&gt;
&lt;br /&gt;
Manholes or vent pipes are to be located at the right of way line or adjacent to the outer roadway.&lt;br /&gt;
&lt;br /&gt;
For fiber optic cable, encasement should extend from within six feet (6&#039;) of one right of way line to within six feet (6&#039;) of the other right of way line.&lt;br /&gt;
&lt;br /&gt;
Exceptions may be made for encasement as listed in [[#643.1.4.2_Exceptions_to_Encasement|EPG 643.1.4.2]].&lt;br /&gt;
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====643.1.3.3.2 Parallel Installations along Minor Routes====&lt;br /&gt;
New parallel installations on the right of way may be permitted provided that poles are within two feet (2&#039;) of the normal right of way line and underground utility facilities are within the utility corridor. Existing overhead or underground utility facilities that parallel an existing roadway which will be incorporated into a completed highway may remain in place if all maintenance and service can be performed without entering or leaving the roadway except at approved access points; without parking equipment or storing materials on the median, pavement, ramps, or shoulders; and the existing location does not interfere with construction, maintenance, or operation of the completed highway. If an existing parallel utility facility needs to be relocated so as to not interfere with the construction, maintenance, or operation of the completed highway, poles may be located within five feet (5’) of the right of way line.&lt;br /&gt;
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Underground utility facilities are expected to be buried within the utility corridor of sight distance triangles (SDTs) at roadway intersections unless granted a variance. Overhead utility facilities may be allowed to span intersecting roadways with SDTs provided the poles, or supports, are located outside the SDT.&lt;br /&gt;
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====643.1.3.3.3 Sanitary Sewers within the Right of Way of Minor Routes====&lt;br /&gt;
New installations of sanitary sewers should follow the applicable guidelines for either underground crossings or parallel installations as appropriate. An existing gravity trunk sanitary sewer should be considered individually and removed or left in place contingent upon its age, condition, feasibility of moving, and maintenance access. If an existing parallel gravity main is left in place within the limits of the paved surface, paved shoulder lines, or curb lines, stub mains as required will be laid between the sewer main and curb or shoulder lines for future service connections in each block. Manholes should be relocated outside the traveled roadway.&lt;br /&gt;
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===643.1.3.4 Roundabouts===&lt;br /&gt;
Regardless of roadway type, it is desirable to avoid locating utility facilities and their access points within the circulatory roadway. If possible, utility facilities are located in the legs of the roundabout to allow for future maintenance and access at an isolated leg versus affecting the entire roundabout. See [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_5_TypicalLocationofUtilityFacilitiesnearRoundabouts_AOD.pdf EPG Figure 643.1.5] for an example.&lt;br /&gt;
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===643.1.3.5 Utility Facilities in Scenic Enhancement Areas===&lt;br /&gt;
All existing utility facilities within the limits of a scenic enhancement area requiring adjustment because of construction or reconstruction will be placed underground or relocated beyond the limits of the scenic enhancement area. No new above ground facilities will be permitted. New underground facilities will be permitted provided they do not extensively alter or impair the appearance of the area.&lt;br /&gt;
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==643.1.4 Installation of Utility Facilities==&lt;br /&gt;
The following sections provide information on the physical installation of utility facilities within highway right of way.&lt;br /&gt;
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===643.1.4.1 Minimum Cover for Underground Facilities===&lt;br /&gt;
The minimum cover for new underground utilities is:&lt;br /&gt;
* Forty-two inches (42”) for all water lines (parallel and crossings).&lt;br /&gt;
* Forty-two inches (42”) for fiber optic cable (crossings encased in rigid conduit).&lt;br /&gt;
* Seventy-two inches (72”) for fiber optic cable (crossings encased in polyethylene (PE) pipe).&lt;br /&gt;
* Thirty inches (30”) for direct burial and in trench fiber optic cable (parallel).&lt;br /&gt;
* Twenty-four inches (24”) for all other direct burial copper or coaxial cable, (parallel).&lt;br /&gt;
* Seventy-two inches (72”) for uncased polyethylene (PE) gas pipe crossings under ditches and roadways but thirty inches (30”) elsewhere.&lt;br /&gt;
* Thirty inches (30”) for all other (such as, but not limited to, gravity sewers, forced sewers, and electric) underground utilities (both parallel and crossing).&lt;br /&gt;
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===643.1.4.2 Exceptions to Encasement===&lt;br /&gt;
Exceptions may be made for encasement as follows:&lt;br /&gt;
* Non-fiber communication or electric cables installed in ducts.&lt;br /&gt;
* Welded steel pipelines carrying gaseous or liquid petroleum products - provided they are cathodically protected against corrosion, triple-coated in accordance with accepted pipeline construction standards, and meet applicable material requirements.&lt;br /&gt;
* Natural gas distribution pipe (nominal six-inch (6”) diameter maximum) of polyethylene (PE) plastic, traceable, installed by a horizontal bore method at a minimum depth of seventy-two inches (72”) under ditches and roadways, constructed in accordance with and meeting applicable material requirements.&lt;br /&gt;
* Gas service connections protected and constructed in accordance with and meeting applicable material requirements.&lt;br /&gt;
* Encasement is not required for new trunk sanitary sewer crossings of vitrified clay, reinforced concrete or cast iron except when installation procedures would produce voids in the roadbed, heavy fills, or installations under pressure.&lt;br /&gt;
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===643.1.4.3 Above Ground or Ground Level Appurtenances===&lt;br /&gt;
Appurtenances protruding more than four inches (4”) above the ground line should be located outside the clear zone. If no feasible alternative exists and if permitted by a variance, appurtenances may be allowed within the clear zone if they meet breakaway criteria or will be shielded by a traffic barrier. Good design practice will provide that appurtenances be located at right of way jogs, along intersecting road right of way, or at other similar acceptable locations, so that encroachment is held to an absolute minimum. Cables, wires, small diameter pipes, and other such utility appurtenances extending from the surface of the ground should be equipped with covers or guards to improve their visibility. Appurtenances within sidewalks or street level pedestrian access routes are to be in conformance with the Americans with Disabilities Act requirements.&lt;br /&gt;
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The maximum pull box width perpendicular to the right of way line within the utility corridor is thirty inches (30”).&lt;br /&gt;
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===643.1.4.4 Overhead Utility Facilities===&lt;br /&gt;
The vertical clearance of new or existing overhead installations will not be less than the current minimum requirements of the National Electric Safety Code, but in no case less than eighteen feet (18’) inclusive of sag above the groundline for electrical facilities. Clearance may be reduced for overhead installations of cable, telephone, or fiber optic facilities.&lt;br /&gt;
A minimum radial clearance of twenty-five feet (25’) is provided from any utility facility to the nearest part of any bridge structure. A minimum radial clearance of ten feet (10’) is provided from the nearest charged electrical line to a MoDOT signal, lighting, ITS, or overhead sign structure.&lt;br /&gt;
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===643.1.4.5 Approved Materials===&lt;br /&gt;
Utility owners are allowed to use any material for underground utility facilities including carrier and encasement provided they accept responsibility for any future repairs and/or replacement of damaged MoDOT facilities should a failure occur. This will allow the use of current technology and procedures to provide the best value to its subscribers and the taxpayers of Missouri. For materials that MoDOT also uses in its highway system, utility owners must provide materials that meet the current [https://www.modot.org/missouri-standard-specifications-highway-construction Missouri Standard Specifications for Highway Construction]. For materials not listed in the Missouri Standard Specifications for Highway Construction, the utility owner should provide documentation of the standards used to determine suitability of the material.&lt;br /&gt;
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===643.1.4.6 Cutting===&lt;br /&gt;
In the event permission is granted to cut an existing concrete or asphalt pavement or sidewalk, the appropriate provisions below should be followed.&lt;br /&gt;
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====643.1.4.6.1 Pavement====&lt;br /&gt;
All pavement cuts should be made with a saw to the full depth of the pavement. The width of the cut is typically determined by the width of the trench plus a minimum one foot (1’) on each side of the trench. In the event the distance to any adjacent longitudinal or transverse joint or crack is less than four feet (4’), the pavement must be removed to the joint or crack. Cuts for perpendicular service tie-ins should be a minimum of three feet (3’) wide. Longitudinal main installations are typically cut at a minimum of half the lane width, but in no instance should the cut be along the wheel path of the lane.&lt;br /&gt;
[[File:fig_643.1.6-06_2026.jpg|800px|none|thumb|Figure 643.1.6 Pavement Repair Dimension Requirements.]]&lt;br /&gt;
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The utility facilities should be placed in a location with the least impact to the roadway. Typically, this leads to placement in the shoulder when available followed by the two-way left turn lane (TWLTL), and then outside lanes before allowing placement in interior through lanes. Lane switching should be kept to a minimum and should not be used to minimize repair sizes. Cuts for mains or service leads that may not be perpendicular to the roadway should be squared-off.&lt;br /&gt;
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Replacement of cut pavement should be full depth concrete in accordance with the current version at the time of installation of Section 613.10 Full Depth Pavement Repairs of the Missouri Standard Specifications for Highway Construction and the Missouri Standard Plans for Highway Construction. If the area of the pavement repair is not to be fully resurfaced all joints including the overcut from the sawing operation should be filled with an expansive mortar, epoxy, polyester, or joint material as approved by the Engineer in accordance with Section 1057 of the Missouri Standard Specifications for Highway Construction.&lt;br /&gt;
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====643.1.4.6.2 Pedestrian Access Routes====&lt;br /&gt;
All cuts in the pedestrian access routes whether asphalt or concrete should be made by saw and be the full depth of the material. Entire slabs of concrete sidewalk should be removed. Repair of the pedestrian access route must meet Americans with Disability Act requirements, see [[:Category:642_Pedestrian_Facilities|EPG 642]]. Cuts through curb ramps or detectable warning areas are not permitted. Rather the entire curb ramp or detectable warning area must be removed and replaced. MoDOT district ADA contacts can help ensure ADA compliance of impacted pedestrian access routes.&lt;br /&gt;
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===643.1.4.7 Non-disturbance Areas===&lt;br /&gt;
MoDOT has certain areas of right of way where mowing, spraying, digging, or other vegetation disturbance activities are restricted. These areas have been established to mitigate the environmental impacts of a previous project and should be avoided. If the areas cannot be avoided, contact MoDOT’s Environmental Section.&lt;br /&gt;
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==643.1.5 Bridge Attachment Policy==&lt;br /&gt;
No utility facility will be permitted in or on a structure carrying an interstate or other freeway unless it is part of a federal requirement or for MoDOT’s use. When the structure carries any other road type and no other practical means exists for the crossing, wires (communication, electrical, fiber, or metal) will be permitted. Electrical lines must be located to cause minimum exposure to MoDOT maintenance personnel and the public. Pressurized pipelines for gas or other petroleum products and water and all sewer lines are prohibited on all structures due to the risks associated with their failure.&lt;br /&gt;
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===643.1.5.1 Agreement===&lt;br /&gt;
An agreement is required for all utility facilities attached to any structure. A charge will be made for the increased maintenance costs involved. This fee is set by the Bridge Division. When permitted, a 50-year occupational agreement is executed with the utility owner. Agreement BR04 Utility Attachment Agreement is used when an attachment is added to a bridge during its construction. Agreement BR09 Bridge Attachment Agreement is used when an attachment is added to an existing bridge.&lt;br /&gt;
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===643.1.5.2 Requests===&lt;br /&gt;
Requests to attach facilities to structures is a multi-step process. Bridge Division is responsible for approval of the bridge attachment. If at any point in the process, Bridge Division determines the attachment to be unacceptable, a reason is to be provided.&lt;br /&gt;
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To start, the utility owner submits a conceptual request to the district utilities staff. The conceptual request consists of an explanation of the proposal; a general location sketch (i.e., which side of the bridge); and details on the facility, length, and weight per foot when full. The district utilities staff should work with all relevant district personnel including the District Bridge Engineer in reviewing and recommending the attachment. The district utilities staff will submit the recommended details to the Bridge Division to determine the applicable costs including future maintenance costs and for attachments to new bridges, design and construction. Once the Bridge Division has determined the cost, the district utilities staff shares the cost with the utility owner for their concurrence with furthering the process. For new bridges, if the utility owner concurs with the costs, the district utility staff will prepare the BR04 Agreement for execution by the utility owner and the Commission. MoDOT will be responsible for the design and construction of attachments to new bridges. For existing bridges, the district utilities staff will forward the applicable as-built bridge plans to the utility owner for its use in designing the bridge attachment. The utility owner will provide detailed design drawings, signed and sealed by a professional engineer in the State of Missouri, to the district utilities staff for review. The district utilities staff should work with all relevant district personnel, including the District Bridge Engineer, in reviewing and recommending the details of the attachment to the Bridge Division. Once Bridge Division approves, the Bridge Division will prepare the BR09 Agreement for execution by the utility owner and the Commission. The utility owner is responsible for the construction of attachments to existing bridges. A flow chart, [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_7_BridgeAttachementProcess_AOD.pdf EPG Figure 643.1.7], of the process is available.&lt;br /&gt;
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Payment from the utility owner for the attachment will be sent to Financial Services by district utilities staff. For BR04 agreements, district utilities staff should discuss with Financial Services how to get the payment credited to the project constructing the attachment. For BR09 agreements, district utilities staff should copy Bridge Division on correspondence with Financial Serves. Checks should be made payable to Director of Revenue, Credit State Road Fund.&lt;br /&gt;
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For requests from government entities such as cities, counties, and other municipalities, the requested information should be submitted to Bridge Division as described above. However, the district utilities staff will take the lead in preparing the DE10 County Agreement or DE11 Municipal Agreement, as applicable, with input from Bridge Division and Bridge Maintenance. All fees are waived for government entities.&lt;br /&gt;
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===643.1.5.3 Considerations===&lt;br /&gt;
The following considerations are made in determining the acceptability of a bridge attachment. Unique situations will be discussed with the Bridge Division as required.&lt;br /&gt;
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====643.1.5.3.1 Bridge Asset Management Program====&lt;br /&gt;
Requests for bridge attachments should be reviewed for consistency with the district’s upcoming bridge asset management program needs. If a structure is due for rehabilitation or replacement in the near future, information should be provided to the utility owner indicating existing remaining life of the bridge. In some instances, it may be in MoDOT’s best interest to deny the request for attachment outright. In some instances, the utility owner may still choose to pursue the short-term attachment to the existing structure. In almost all cases, the utility owner is responsible for the cost of removing and/or relocating their utility facilities for a necessary repair, widening, improvement or reconstruction of the structure. Review existing agreements for cost responsibility for current attachments.&lt;br /&gt;
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====643.1.5.3.2 Aesthetics====&lt;br /&gt;
In reviewing a request for a bridge attachment, how the structure is viewed by the public will be considered. For example, is the structure over a scenic stream that is extensively used by canoeists, or does the structure span a road that may provide access to a park, campgrounds, or boat launching facilities? Is the structure a grade separation where the motoring public will see the attachment before they pass under it?&lt;br /&gt;
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====643.1.5.3.3 Method of Attachment====&lt;br /&gt;
In order to maintain structural integrity of any structures the following requirements will apply for attachments.&lt;br /&gt;
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=====643.1.5.3.3.1 Welding=====&lt;br /&gt;
Welding of hardware to structural steel members (i.e., flanges, webs, stiffeners, and diaphragms) whether in tension or compression is not permitted.&lt;br /&gt;
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=====643.1.5.3.3.2 Drilling=====&lt;br /&gt;
Drilling holes in any structural steel member is not permitted. Drilling holes for anchors into any prestressed concrete member is not permitted. Although permitted, drilling holes for anchors into the underside of bridge decks must be done with caution. It is recommended all anchors be installed to miss deck reinforcing steel. Generally, drilling into decks will not be allowed where sonotubes were used (voided slab bridges). The depth of the holes should be such that breaking out of the concrete on the top side of the deck does not occur.&lt;br /&gt;
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=====643.1.5.3.3.3 Corrosion=====&lt;br /&gt;
Attachment hardware will be new, properly coated to prevent corrosion or be of a non-corrosive material, and be designed to support the facility.&lt;br /&gt;
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====643.1.5.3.4 Location====&lt;br /&gt;
In general, attachments are made on the underneath side of the bridge deck. The condition of the bridge deck will dictate the location of the attachment supports. An exception may be attachments to trusses or other overhead structures.&lt;br /&gt;
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Attachments that may require manholes in bridge decks are not allowed.&lt;br /&gt;
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When attachments are required to structures over streams that may carry large drifts, they must be attached to the downstream side of the structure and above the lowest superstructure element. It is preferred to locate the attachment on the outside of the exterior girder. If aesthetics are a concern, a better appearance can be achieved by having the attachment made to the inside of the exterior girder and above the bottom of the lower flange to hide the conduit and the attaching hardware.&lt;br /&gt;
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Placement of utilities must not prevent the removal of old paint, the application of new paint on superstructure steel, or cause debris buildup, which could cause structural deterioration.&lt;br /&gt;
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====643.1.5.3.5 Construction and Maintenance====&lt;br /&gt;
If the attachment cannot be built while maintaining one (1) lane of traffic on the structure, it will not be allowed.&lt;br /&gt;
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Construction procedures that severely impact traffic may factor into the allowable location of the attachment on the structure.&lt;br /&gt;
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When scaffolding is to be attached or supported by bridge rails, bridge superstructure, or bridge substructure, the procedures for construction of the attachment must be reviewed.&lt;br /&gt;
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The utility owner or local entity will pay for, or be responsible for, the painting of the attachment, if necessary, when the bridge requires painting.&lt;br /&gt;
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==643.1.6 Private Lines==&lt;br /&gt;
Private lines are permitted to cross the right of way of a highway in the same manner as outlined for all utility facilities in above sections of this article. Parallel installations along the right of way of a highway are not permitted. Special conditions at a specific location that make adherence to this policy impractical will be submitted to the Chief Engineer for consideration of an acceptable alternative. In certain situations, it may be necessary to obtain approval from the Federal Highway Administration (FHWA) before approval to use the alternative can be given to the private utility owner.&lt;br /&gt;
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==643.1.7 Water and Sewer Separations==&lt;br /&gt;
The Missouri Department of Natural Resources (MoDNR) Safe Drinking Water Commission via 10 CSR 60-10 and Clean Water Commission via 10 CSR 20-8 govern the design of water and sewer lines in the vicinity of one another. Basic criteria are outlined below for information, and details are contained within the regulations. MoDOT is not responsible for providing or acquiring adequate right of way for utility owners to comply with MoDNR requirements.&lt;br /&gt;
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===643.1.7.1 Line Separations===&lt;br /&gt;
====643.1.7.1.1 Horizontal====&lt;br /&gt;
Sanitary and storm sewers are to be laid at least ten feet (10’) horizontally measured from outside edge to outside edge from any existing or proposed water main. In cases where it is not practical to maintain ten feet (10’) of separation, installation of the water main closer to the sewer is acceptable where the water main is installed in a separate trench or on an undisturbed earth shelf located on one (1) side of the sewer at an elevation so the bottom of the water main is at least eighteen inches (18”) above the top of the sewer.&lt;br /&gt;
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====643.1.7.1.2 Crossings====&lt;br /&gt;
Water mains are to be laid to provide a minimum vertical distance of eighteen inches (18”) vertically measured outside edge to edge from sanitary or storm sewers. This is the case whether the water main is above or below the sewer. One (1) full length of water pipe must be located so both joints will be as far from the sanitary or storm sewer line as possible. Special structural support for the water main or sanitary or sewer main may be required.&lt;br /&gt;
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====643.1.7.1.3 Exception====&lt;br /&gt;
When it is impossible to obtain proper horizontal and vertical separation as stipulated, the sewer will be designed and constructed equal to water pipe and will be pressure-tested to assure it is watertight prior to backfilling.&lt;br /&gt;
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===643.1.7.2 Water Supply Interconnections===&lt;br /&gt;
No physical connection is permitted between a public or private potable water supply system and any sanitary or storm sewer or appurtenance that would permit the passage of any sewage or polluted water into the water supply. No water pipe is permitted to pass through or come in contact with any part of a sanitary sewer manhole.&lt;br /&gt;
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===643.1.7.5 Water Works Structures===&lt;br /&gt;
Sewers are not permitted to be installed within fifty feet (50’) in any direction from any existing or proposed public water supply well or other water supply sources or structures.&lt;br /&gt;
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==643.1.8 Variances==&lt;br /&gt;
Occasionally, it is impractical to locate a utility facility in accordance with requirements outlined in this article. MoDOT may consider a utility owner’s request for a variance from these requirements on a case-by-case basis. The utility owner should complete a [https://epg.modot.org/forms/general_files/DE/UtilityVarianceApprovalForm.docx Utility Variance Approval Form] to be submitted to MoDOT for consideration. Variances on the Interstate System require approval of the Federal Highway Administration (FHWA). A flow chart, [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_8_VarianceApprovalProcess.pdf EPG Figure 643.1.8], of the variance process is available.&lt;br /&gt;
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A variance will not be permitted just for the convenience of the utility owner. The utility owner requesting a variance must provide all necessary information to properly evaluate if a variance should be approved. For example, a utility owner requesting a variance because “the utility corridor is full” must explore all reasonable options. It is suggested that the requestor pothole the existing utility corridor to confirm the location of existing utility facilities and provide that data to support the need to locate outside of the utility corridor due to its congestion.&lt;br /&gt;
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===643.1.8.1 Variance Process===&lt;br /&gt;
Any utility owner of a public utility facility may apply for a variance. The process for requesting a variance is as follows:&lt;br /&gt;
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====643.1.8.1.1 Submittal Requirements====&lt;br /&gt;
Utility owners submit to the district utilities staff a written request for a variance using the [https://epg.modot.org/forms/general_files/DE/UtilityVarianceApprovalForm.docx Utility Variance Approval Form]. The utility owner must clearly show the provision(s) or guideline(s) for which the variance is being requested; the condition(s) which the utility owner believes warrant(s) the granting of a variance; a thorough explanation of the reason(s) for the requested variance, including sufficient and appropriate documentation of safety, aesthetic, or constructability constraints that would be adverse to the function, access, or maintenance of the utility facility and not in the best interest of the public.&lt;br /&gt;
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====643.1.8.1.2 MoDOT Consideration of Variance Request====&lt;br /&gt;
The utility owner bears full responsibility for demonstrating to MoDOT’s satisfaction that the variance is the most appropriate way to serve the public interest. MoDOT may present to the utility owner and the utility owner must consider reasonable alternatives to the variance requested by the utility owner. In determining whether to grant a variance, district utilities staff will consider all relevant factors including, but not limited to: the requested variance is reasonably necessary for the convenience, safety, health, and/or welfare of the public; there is an exceptional or undue burden or hardship on the specific applicant; a physical impracticability that would result from the applicant’s adherence to the normal location requirements; and the requested variance will not impair the safe construction, maintenance, operation, and safety of public travel on the highway. District utilities staff may consult with the Design Liaison Engineer in evaluating variances.&lt;br /&gt;
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====643.1.8.1.3 Approval of Variances====&lt;br /&gt;
Once district utilities staff have agreed to accept a variance proposed by the utility owner, the [https://epg.modot.org/forms/general_files/DE/UtilityVarianceApprovalForm.docx Utility Variance Approval Form] and all supporting documentation is sent to the District Design Engineer (DDE) for approval. If a variance is on interstate right of way, the DDE-signed Variance Request Form and all supporting documentation is forwarded to the Design Liaison Engineer who will forward to FHWA for their concurrence.&lt;br /&gt;
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====643.1.8.1.4 Variance Appeal Informal Hearing====&lt;br /&gt;
If denied a variance, the utility owner has thirty (30) calendar days to request an informal hearing for the purpose of appealing the denial. Requests must be made in writing to the State Design Engineer, Missouri Department of Transportation, P.O. Box 270, Jefferson City, MO 65102. If the utility owner requests an informal hearing, MoDOT’s authorized representative will advise the applicant of the time, date, and place of the hearing. The hearing is not a contested case under RSMo 536. The rules of evidence will not apply at the hearing, and MoDOT’s decision after the conduct of the hearing is not subject to further appeal.&lt;br /&gt;
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==643.1.9 Excess Right of Way==&lt;br /&gt;
Prior to conveyance of excess right of way, the status of utility facilities within said parcel must be addressed. See [[236.5_Property_Management#236.5.12_Excess_Land_Conveyances_&amp;amp;_Relinquishments_–_Regulated_Utilities|EPG 236.5.12]].&lt;br /&gt;
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==643.1.10 Broadband==&lt;br /&gt;
Broadband development in the state of Missouri is handled by the Department of Economic Development (DED). MoDOT shares its approved Statewide Transportation Improvement Program (STIP) project list with DED. All MoDOT policies related to placement of utility facilities within Commission right of way as outlined in this EPG 643.1 are to be followed.&lt;br /&gt;
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&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643.2 Utilities in Program Delivery &#039;&#039;PAGE TITLE&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt; &lt;br /&gt;
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==643.2.1 Introduction==&lt;br /&gt;
Improvements to the highway system often require negotiation between the Commission and a city, a county, or a public or private utility owner. The Commission’s district utilities staff is responsible for coordination of highway improvement projects with the utility owner’s representative. The impact to a utility, the responsibility for the cost of adjustments necessary to allow highway construction, the plan of adjustment of the utility, the responsibility of performance of work on utility facilities, and the schedule of the utility adjustment are all items that vary depending on the project and should be investigated and negotiated to ensure highway improvement projects are delivered on-time and on-budget. These should comply with Commission policy. A [https://epg.modot.org/forms/general_files/DE/flowchart.pdf flowchart] outlining all the utility adjustment processes (reimbursable and non-reimbursable relocations, Master Reimbursable Utility Agreements and Project Specific Agreements, etc.) are available in the list of figures at the top of the page. These processes will not always be in combination, but each should be considered with each project.&lt;br /&gt;
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The district utilities staff, in conjunction with the Transportation Project Manager (TPM), is expected to invite and encourage participation of utility owner representatives in MoDOT project meetings as needed.&lt;br /&gt;
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When a project involves utility adjustments for which the Commission is responsible for costs, the TPM should program the costs of the utility adjustments as non-contractual construction costs in the STIP Information Management System (SIMS).&lt;br /&gt;
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==643.2.2 Annual Utility Meeting==&lt;br /&gt;
Each district should hold an annual meeting with utilities to discuss current STIP projects in the district. The annual meeting should be held during each year&#039;s STIP preparations, ideally between January and May. All utility owners that have utility facilities in the district should be invited. The intent is to provide the utility owners with an idea of upcoming projects to allow them the opportunity to plan and budget for potential adjustments of their utility facilities, identify both MoDOT and utility roadblocks, and develop action plans to complete utility adjustments better, faster, and cheaper.&lt;br /&gt;
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==643.2.3 Determination of Existing Utilities==&lt;br /&gt;
District utilities staff should determine the appropriate level of effort needed to accurately identify existing utilities within the footprint of a proposed highway construction project. Aboveground utilities are easily identifiable via field checks; however, determination of the precise location of underground utilities can be more challenging and time consuming. Therefore, the district utilities staff should balance the risk of conflict with the highway construction project against the level of effort needed to determine the location.&lt;br /&gt;
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The level of effort on mapping utilities is dependent on the scope of the project and the potential for utilities having an impact on the construction of the project. The project schedule should include the time to complete this task accurately. The time and effort necessary for having accurate locates requires close interaction with the utility locators. Early contact with utility owner representatives may be necessary to accurately locate underground utility facilities.&lt;br /&gt;
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Various methods of determining existing underground utilities result in different levels of quality. ASCE Standard 38 Standard Guidance for Investigating and Documenting Existing Utilities classifies four levels of quality:&lt;br /&gt;
:1. Quality Level D: QL-D is the most basic level of information for utility locations. It comes solely from existing utility records or verbal recollections, both typically unreliable sources. It may provide an overall &amp;quot;feel&amp;quot; for the congestion of utilities but is often highly limited in terms of comprehensiveness and accuracy. QL-D is useful primarily for project planning and route selection activities.&amp;lt;br&amp;gt;&lt;br /&gt;
: ● Missouri 811 or “private-locate” markings are to be considered to be QL-D.&lt;br /&gt;
:2. Quality Level C: QL-C is probably the most used level of information. It involves surveying visible utility facilities (e.g., manholes, valve boxes, etc.) and correlating this information with existing utility records (QL-D information). When using this information, it is not unusual to find that many underground utilities have been either omitted or erroneously plotted. Therefore, its usefulness is primarily on rural projects where utilities are not prevalent or are not too expensive to repair or relocate.&lt;br /&gt;
:3. Quality Level B: QL-B involves the application of appropriate surface geophysical methods to determine the existence and horizontal position of virtually all utilities within the project limits. This activity is called &amp;quot;designating&amp;quot;. The information obtained in this manner is surveyed to project control. It addresses problems caused by inaccurate utility records, abandoned or unrecorded utility facilities, and lost references. The proper selection and application of surface geophysical techniques for achieving QL-B data is critical. Information provided by QL-B can enable the accomplishment of preliminary engineering goals. Decisions regarding location of storm drainage systems, footers, foundations, and other design features can be made to avoid conflicts with existing utilities. Slight adjustments in design can produce substantial cost savings by eliminating utility relocations.&lt;br /&gt;
:4. Quality Level A: QL-A, also known as &amp;quot;locating or potholing&amp;quot;, is the highest level of accuracy presently available and involves the full use of the subsurface utility engineering services. It provides information for the precise plan and profile mapping of underground utilities through the nondestructive exposure of underground utilities, and provides the type, size, condition, material, and other characteristics of underground features.&lt;br /&gt;
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For projects with scopes that have potential for utility conflicts, the minimum level of effort required is SUE Quality Level D. Locations of existing utilities are determined by requesting locates through Missouri 811, also known as the “One-Call” process. Missouri 811 locating requests should be carefully considered for the scope of work of the project. When necessary, the location of existing utilities should be established by a field survey of locate markings and features and shown on the roadway plans. Higher level SUE Quality Levels can be used on any project. Adjustment cost savings, whether to the MoDOT or to the utility owner, are beneficial to the taxpayer. Good SUE projects are typically urban in nature, or in congested areas, where the project footprint is to be minimized, or anytime accurate vertical and horizontal location of the utility facility might allow a design to avoid the utility facility thus preventing the need for the adjustment. The SUE process combines civil engineering, surveying, and geophysics. It utilizes several technologies, including vacuum excavation and surface geophysics.&lt;br /&gt;
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When proposed excavation or installation of subsurface features (drainage, equipment bases, etc.) falls within three feet (3’) of a marked Missouri 811 line, soft digging (hand digging, potholing, vacuum methods, pressurized air/water jetting, pneumatic hand tools, etc.) is required to more exactly locate the utility facility both horizontally and vertically. Utility facilities present within the right of way by permit, should be investigated by the utility owner. Utility facilities that would be reimbursable or partially reimbursable as defined in EP 643.2.8 will be investigated by MoDOT.&lt;br /&gt;
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==643.2.4 Conflict Determination==&lt;br /&gt;
Determination of whether a conflict exists between an existing utility facility and a proposed highway improvement project should occur at the earliest possible stage of project development. A conflict may be the result of the physical interaction between the roadway infrastructure and utility facility, a reduction in cover or increase in fill over underground utilities, a reduction in horizontal clearance whether above or below ground, a reduction in overhead vertical clearance, paving over utilities, or restricting a utility owner’s access to its utility facilities. District utilities staff should work with utilities to determine if a conflict exists and the appropriate plan of adjustment to remedy the conflict. The adjustment to the utility may be a relocation or another measure that protects the utility or access to the utility from the proposed highway improvement project. Determination of a conflict needs to be continually re-evaluated as the project design progresses. Continuing coordination is essential.&lt;br /&gt;
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==643.2.5 Utility Plan of Adjustment==&lt;br /&gt;
===643.2.5.1 Request for Plan of Adjustment===&lt;br /&gt;
District utilities staff will request a plan of adjustment from utility owners whose utility facilities are in conflict with a proposed highway project. The plan of adjustment may consist of efforts to relocate the utility or otherwise protect a utility from the impacts of the proposed highway project. Utilities are shown on the roadway plan and profiles sheets that are furnished to utility owners for use in planning required utility adjustments. Any other sheets such as drainage, traffic signal, lighting, or ITS plans that show impacts to a utility facility should also be provided to the utility owners. All adjustments, reimbursable or not, require a plan of adjustment furnished by the utility owner.&lt;br /&gt;
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A transmittal letter is included in the request for a plan of adjustment. The letter informs the utility owner that regardless of whether an adjustment is reimbursable, no physical adjusting or relocating of their utility facilities to accommodate the proposed highway improvement is to be performed without specific approval and authorization. Additionally, if any part of the adjustment has the potential to be reimbursable, they are advised:&lt;br /&gt;
# They may undertake preliminary engineering by their own forces upon approval by district utilities staff of the estimated costs of preliminary engineering.&lt;br /&gt;
# They may employ a consultant to do the PE work provided they request and obtain prior approval. See [[#643.2.6_Preliminary_Engineering_Requirements|EPG 643.2.6 Preliminary Engineering Requirements]].&lt;br /&gt;
# Any preliminary engineering costs accrued prior to the date of written authorization to proceed will not qualify for reimbursement.&lt;br /&gt;
# Replacement right of way or easements cannot be purchased without specific approval and authorization.&lt;br /&gt;
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===643.2.5.2 Proposed Plan of Adjustment===&lt;br /&gt;
Developing a plan of adjustment is a multi-step process. The utility owner will propose a conceptual approach to adjusting the utility facilities to allow highway construction. This conceptual approach is used as the basis for determining cost responsibility, estimate of costs for preliminary engineering and construction, developing the agreement if necessary, and final design of the adjustment. Negotiations between district utility staff and the utility owner’s representative can result in changes to the design throughout the process.&lt;br /&gt;
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Final plans of adjustment must contain a legend on the first sheet identifying the utility symbols used. They must also show the existing utility facilities and their disposition, the location of the new or adjusted utility facilities, the existing and new right of way lines, the limited or fully controlled access symbols (where applicable), the existing and proposed roadways, ramps, and outer roadways and any other pertinent roadway information. They must contain sufficient details concerning location, elevation, compaction, clean up, etc. to provide for the proper adjustment of the utility facility. Relocated and/or existing utility facilities that will remain in place must be dimensioned or indicated in a manner to show their location in respect to the right of way lines. It is preferred that the utility owner transmits the plan of adjustment by electronic deliverables in a format that can be incorporated into the roadway plans. This will reduce the time and effort necessary as well as increase the accuracy of transferring this information into the roadway plans.&lt;br /&gt;
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Plans of adjustment received from the utility owner are to be checked for compliance with MoDOT’s requirements ([[#643.1_Utilities_Location|EPG 643.1 Utility Location]]) by the district utilities staff. They are also checked to ensure compatibility with the roadway design. Any continuing conflicts are resolved through negotiations with the utility owner.&lt;br /&gt;
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Occasionally, it is impractical to perform a utility adjustment in accordance with MoDOT’s requirements. Sometimes the utility may request approval of a plan of adjustment that does not conform to these requirements. Deviation from MoDOT’s utility requirements is a variance. Refer to [[#643.1.8_Variances|643.1.8 Variance Process]] for additional guidance.&lt;br /&gt;
The final plan of adjustment is included as Exhibit “A” to the agreement ([[#643.2.12_Utility_Agreements|EPG 643.2.12 Agreements]]).&lt;br /&gt;
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==643.2.6 Preliminary Engineering Requirements==&lt;br /&gt;
Preliminary engineering (PE) can be performed one of four ways for utility adjustments:&lt;br /&gt;
# The utility owner can use its own engineering forces.&lt;br /&gt;
# MoDOT can select an engineering consultant, after consultation with the utility owner, and the consultant contract will be administered by MoDOT.&lt;br /&gt;
# The utility owner can select an engineering consultant, with approval by MoDOT, and the consultant contract will be administered by the utility owner.&lt;br /&gt;
# If a utility adjustment is being included in a MoDOT administered construction contract, the preliminary engineering of the adjustment can be provided by MoDOT.&lt;br /&gt;
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For reimbursable utility adjustments, the amount paid to engineers, architects, and others for required engineering and allied services can be included in reimbursement amount provided such amounts are not based on a percentage of the costs of the necessary adjustments to allow highway construction. Reimbursement is available for contracts executed after solicitation of a consultant for the specific adjustment or existing continuing contracts when it is demonstrated that such work is performed regularly for the utility owner in its own work and that the costs are reasonable.&lt;br /&gt;
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A [https://epg.modot.org/forms/general_files/DE/UtilityConsultantContractChecklist.docx checklist is available for reviewing consultant-engineering contracts] to ensure the contract conforms to MoDOT policy and complies with applicable federal regulations. District utilities staff should use the checklist to review contracts and may consult with Audits and Investigations Division as necessary. The procedures in 23 CFR part 172, Administration of Engineering and Design Related Service Contracts may be used as a guide for reviewing proposed consultant contracts. [[:LPA:136.4_Consultant_Selection_and_Consultant_Contract_Management|EPG 136.4 Consultant Selection and Consultant Contract Management]] may also be used as a guide.&lt;br /&gt;
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===643.2.6.1 Solicited Consultant Contracts===&lt;br /&gt;
If solicitation of PE services is required for reimbursable utility adjustments, the utility owner must provide the following documents and information to district utilities staff. These documents need to be provided as soon as the utility owner has chosen to solicit a consultant. Document 1 must be supplied by all utility owners. Documents 2 and 3 are only required when the utility owner is a local government agency who is also a political subdivision of the state of Missouri (e.g., city-owned utilities, county-owned utilities). All other utility owners are encouraged, but not required, to provide Documents 2 and 3:&lt;br /&gt;
# A statement that the utility owner is not staffed or able to perform the required PE services with its own forces.&lt;br /&gt;
# Provide the names of at least three (3) consultants considered.&lt;br /&gt;
# The criteria used to evaluate each consultant and reasons why the selected consultant was selected.&lt;br /&gt;
&lt;br /&gt;
The following documents need to be provided as soon as the utility owner has successfully negotiated and entered into a contract with the consultant:&lt;br /&gt;
# The name and address of the selected consultant.&lt;br /&gt;
# A statement that the &amp;quot;[https://epg.modot.org/forms/general_files/DE/CertificationOfConsultant.docx Certification of Consultant]&amp;quot; will be furnished immediately upon award of the contract to the consultant.&lt;br /&gt;
# One executed copy of the proposed engineering contract or agreement between the utility owner and consultant, only if the engineering will exceed $5,000.00.&lt;br /&gt;
# The consultant&#039;s fixed (lump sum) or estimated fee (actual cost) and the contract maximum.&lt;br /&gt;
# A cost summary providing a detailed breakdown of the basis for the consultant&#039;s compensation, including estimated labor hours, hourly rates for each classification, overhead rate (if used), the amount of profit charged, and any other estimated charges such as travel expenses, equipment rentals, etc. If an overhead rate is used, the consultant must also submit the supporting overhead rate calculations.&lt;br /&gt;
# An independent cost estimate of engineering services provided by the utility owner to use in comparison to the consultant’s proposed engineering services to check for cost reasonableness.&lt;br /&gt;
&lt;br /&gt;
===643.2.6.2 Continuing Consultant Contracts===&lt;br /&gt;
When a utility owner chooses to use an existing continuing contract for PE services, the utility owner must provide the following documents and information to the district utilities staff as soon as possible.&lt;br /&gt;
# A statement that the utility owner is not staffed or able to perform the engineering with its own forces.&lt;br /&gt;
# The name and address of the consultant under the existing continuing contract.&lt;br /&gt;
# A statement that the &amp;quot;[https://epg.modot.org/forms/general_files/DE/CertificationOfConsultant.docx Certification of Consultant]&amp;quot; will be furnished.&lt;br /&gt;
# A copy of the continuing contract to the district utilities staff. The district utilities staff will review the contract for reasonableness of cost.&lt;br /&gt;
# The consultant&#039;s fixed (lump sum) or estimated fee (actual cost) and the contract maximum for the work associated with the utility adjustment.&lt;br /&gt;
# A cost summary providing a detailed breakdown of the basis for the consultant&#039;s compensation, including estimated labor hours, hourly rates for each classification, overhead rate (if used), the amount of profit charged, and any other estimated charges such as travel expenses, telephone, etc. If an overhead rate is used, the consultant must also submit the supporting overhead rate calculations.&lt;br /&gt;
# An independent cost estimate of engineering services provided by the utility owner to use in comparison to the consultant’s proposed engineering services to check for cost reasonableness.&lt;br /&gt;
&lt;br /&gt;
===643.2.6.3 Consultant Contract Changes===&lt;br /&gt;
If a PE services contract between a utility owner and a consultant needs to be revised, a copy of the revised contract, fee, and schedule should be submitted by the utility owner to the district utilities staff prior to allowing for contract changes. District utilities staff should review the contract changes to ensure the revised contract conforms to MoDOT policy and complies with applicable federal regulations.&lt;br /&gt;
&lt;br /&gt;
==643.2.7 Environmental and Right of Way==&lt;br /&gt;
===643.2.7.1 Utilities and Environmental Clearances===&lt;br /&gt;
District utilities staff should coordinate with the TPM and utility owner’s representative to understand and communicate on known environmental and cultural constraints that could impact a utility owner’s plan of adjustment. This will allow the utility owner to consider permitting timelines and alternatives that avoid environmental or cultural resources to keep the project on schedule.&lt;br /&gt;
&lt;br /&gt;
One strategy to make project delivery more efficient and ensure regulatory compliance is for MoDOT to obtain the environmental and cultural resource permits and clearances for the utility owners associated with a roadway improvement while obtaining its own. This would generally only be for the permits and regulatory clearances MoDOT already needs to pursue as a part of the transportation improvement.&lt;br /&gt;
&lt;br /&gt;
District utilities staff should coordinate with the utility owner’s representative early in the project timeline to determine if it is in the best interest of both MoDOT and the utility owner to obtain permits and environmental clearances jointly. The following strategies can be utilized to determine if a joint approach to environmental work should be pursued:&lt;br /&gt;
* If utility facilities are moving to a location within or immediately adjacent to MoDOT right of way, a utility owner may be invited to participate in permitting and environmental compliance activities.&lt;br /&gt;
* If utilities move to a location not within or adjacent to MoDOT right of way, the utility company would not normally be invited to participate in permit applications and environmental compliance activities. However, some unique projects may necessitate further attention and should be discussed with the Design Liaison Engineer.&lt;br /&gt;
&lt;br /&gt;
If MoDOT and the utility owner agree to obtain joint permits and clearances, written communication between the utility owner’s representative and the district utilities staff should document the following items:&lt;br /&gt;
* List of the permits and clearances that MoDOT will acquire on behalf of the utility owner.&lt;br /&gt;
* List of the information needed from the utility owner in order for MoDOT to acquire the permits and clearances.&lt;br /&gt;
* Schedule and deadlines for submittal of the information by the utility owner. For example: utility plans, fill quantities, construction methods, dates, or seasons of construction.&lt;br /&gt;
&lt;br /&gt;
Permits and clearances that may be needed by both a utility owner and MoDOT include:&lt;br /&gt;
* [[127.7_Threatened_and_Endangered_Species|Endangered Species Act consultation and clearance]]&lt;br /&gt;
* [[127.2_Historic_Preservation_and_Cultural_Resources#127.2.1.1_Historic_Preservation_Regulations_and_Laws|Section 106 of the National Historic Preservation Act clearance]]&lt;br /&gt;
* [[127.10_Section_4(f)_Public_Lands|Section 4(f) clearance]]&lt;br /&gt;
* [[127.10_Section_4(f)_Public_Lands#127.10.1.4_Section_6(f)_Laws_and_Regulations|Section 6(f) of the Land and Water Conservation Fund Act clearance]]&lt;br /&gt;
* [[127.4_Wetlands_and_Streams|Section 401 and Section 404 of the Clean Water Act permits]]&lt;br /&gt;
* [[:Category:806_Pollution,_Erosion_and_Sediment_Control#806.1_Introduction_(see_Sec._806)|Section 402 of the Clean Water Act permit (State Operating Permit for Erosion Control)]]&lt;br /&gt;
* [[127.8_Hazardous_and_Solid_Waste|Recommendations on contaminated soil disposition]]&lt;br /&gt;
&lt;br /&gt;
===643.2.7.2 Right of Way Acquisition and Utilities===&lt;br /&gt;
The Commission is obligated to acquire the width of right of way required by the design of the highway improvement. For utility facilities currently located within the Commission’s right of way, this includes the necessary space for the utility facilities impacted by the design of the highway improvement. Either additional right of way width to accommodate a utility corridor or a utility easement can be obtained for the relocation of utility facilities. When drainage easements are acquired along a channel, additional space for utility facilities should be considered to avoid conflicts between the utility facility and the bridge or culvert.&lt;br /&gt;
&lt;br /&gt;
District utilities staff should inform the utility owner’s representative of the potential of a conflict between an existing utility facility and a proposed highway construction project early in the project development process to allow sufficient time for the utility owner to prepare a plan of adjustment and notify the district utilities staff of any easement needs. When utility facilities are located on a utility owner’s private easement, the utility owner may obtain its own new easements. If the utility owner is not in a position to negotiate for new easements or if the utility owner’s policies will not permit it to condemn property to obtain the easement, MoDOT can acquire the easement in the same manner roadway right of way is obtained. The district utilities staff should verify the utility owner is aware of the opportunity to have MoDOT acquire the easement, and the utility owner should provide written documentation on whether the utility owner would like to pursue this option with MoDOT.&lt;br /&gt;
&lt;br /&gt;
For situations where the utility owner will obtain its own replacement right of way and the cost of the adjustment is MoDOT’s responsibility, the utility right of way cost should be reviewed by the district right of way department to ensure the cost is reasonable and acquisition followed state and federal regulations. In order to expedite utility adjustments necessary to allow highway construction, the district utility staff may authorize the utility owner to obtain easements prior to all details of a plan of adjustment being developed. In this situation, the district utilities staff should ensure enough details are known to justify the needed right of way, and an agreement for right of way costs only should be executed with the utility owner.&lt;br /&gt;
&lt;br /&gt;
For situations where MoDOT will obtain the right of way necessary to allow highway construction, district utility staff should negotiate with the utility owner’s representative to ensure all necessary utility easements are shown on the approved right of way plans. The TPM should confirm with district utilities staff that the right of way plans accurately reflect the needs of the utility owners prior to requesting right of way plan approval. The district Right of Way Manager should confirm with district utilities staff before requesting an acquisition date (A-date). Every effort should be made to avoid adding utility easement requests once negotiations with property owners have begun.&lt;br /&gt;
&lt;br /&gt;
Occasionally, when negotiations cannot be completed for easements for the adjustment of utility facilities, it may be necessary to condemn for the property. District utilities staff should coordinate with the utility owner’s representative to ensure no alternate design for the adjustment of the utility facility is practical. The decision to condemn for easements for the adjustment of the utility facilities requires the exercise of good judgment in reaching the conclusion that further good faith negotiations are futile and condemnation is necessary to maintain the project in the scheduled letting. The TPM should coordinate with the district utilities staff and district Right of Way (RW) personnel on the condemnation proceedings.&lt;br /&gt;
&lt;br /&gt;
Easement and other right of way documents used with utility owners are handled in accordance with procedures established jointly with RW and district utilities staff. District survey staff prepare the land descriptions for use in utility easements. The district utilities staff is responsible for completion of the easements in the correct form and scope. A sketch delineating the area described is attached to the easement as Exhibit “A”. Communication with the Design Division will ensure use of proper forms, corporate names and locations, and particular wording required for joint ownerships. The description for a utility easement is to be referenced to the nearest land corner shown on the plans. Examples of easements can be found in the template list in [https://netprod3.dot.missouri/eAgreements/Search/QuickSearch eAgreements].&lt;br /&gt;
&lt;br /&gt;
In situations where MoDOT is acquiring right of way with existing utility easements, but the district utilities staff and the utility owner’s representative agree that the utility facility may remain in place, the utility owner will release the property to the Commission separate from the right of way acquisition. This is done by executing an Easement for Highway Construction (UT16). The utility owner grants and conveys, with warranty of title expressed or implied, to the Commission, the right to construct, reconstruct, and maintain a highway over and across that portion of the easement owned and held by the utility owner. In the future, the utility owner retains any reimbursable rights should future projects require adjustments to allow highway construction.&lt;br /&gt;
&lt;br /&gt;
==643.2.8 Cost Responsibility==&lt;br /&gt;
In addition to determining if a conflict exists between an existing utility facility and a highway improvement project, it is important to determine who is responsible for the costs of the necessary adjustments to allow highway construction. An adjustment for which the Commission is responsible for the costs is known as a reimbursable adjustment. An adjustment for which the Commission is not responsible for the costs is known as a non-reimbursable adjustment. An adjustment for which the Commission and the utility share responsibility for costs is known as a partially reimbursable adjustment. Adjustments determined to be reimbursable or partially reimbursable by the Commission are to be completed under the terms of an agreement executed between the utility owner and the Commission.&lt;br /&gt;
&lt;br /&gt;
===643.2.8.1 Commission Responsibility===&lt;br /&gt;
====643.2.8.1.1 Utility Facilities Located on Private Easements====&lt;br /&gt;
When the utility facility is located on a private easement within the new right of way to be acquired for a future project, the Commission is responsible for the cost of the necessary adjustments to allow highway construction. It may be possible that such easement does not have written easement rights. The Commission will honor this oral right provided acceptable documentation is provided by the utility owner to the district utilities staff. An [https://epg.modot.org/forms/general_files/DE/NonwrittenEasementRights_Example.docx example of acceptable documentation for not written easement rights] is available. Other forms of documentation will be considered on an individual basis.&lt;br /&gt;
&lt;br /&gt;
=====643.2.8.1.1.1 Future Moves=====&lt;br /&gt;
When the utility facility is located on a private easement, taken into the Commission’s right of way, the Commission may agree that any future moves of the same utility by Commission order may be made at the Commission’s cost. Documentation of this agreement is by an Easement for Highway Construction (UT16) agreement. If the Commission provides a substitute private easement, then the Commission will have future obligations consistent with the utility facility’s status in an easement.&lt;br /&gt;
&lt;br /&gt;
====643.2.8.1.2 Utility Facilities Located within Commission Right of Way====&lt;br /&gt;
When the utility facility is located within Commission right of way, but has prior land rights, the Commission is responsible for the cost of adjustments to allow highway construction. The utility owner is responsible for documenting to the satisfaction of the district utilities staff, the basis for the claim of prior land rights within Commission right of way. Time spent researching prior rights is considered coordination and is reimbursable.&lt;br /&gt;
&lt;br /&gt;
====643.2.8.1.3 City or County Utility Facilities on City or County Streets====&lt;br /&gt;
When roadway improvements are within the corporate limits of cities, towns, and villages, a municipal agreement is negotiated between the Commission and the municipality. Likewise, when roadway improvements are within the limits of a county and outside the municipal limits, a county agreement is negotiated between the Commission and the County Commission. Included in these agreements are provisions regarding reimbursement for adjusting city or county owned utility facilities. Reimbursement is provided for adjustment of city or county owned utility facilities that are now located on city or county streets and not on Commission right of way.&lt;br /&gt;
&lt;br /&gt;
====643.2.8.1.4 Lumen====&lt;br /&gt;
Lumen – National (formerly CenturyLink, Lightcore, or Digital Telephone, Inc. (DTI)) and the Commission have entered into a partnership agreement, “Amended and Restated Fiber Optic Cable on Freeways in Missouri,” executed June 5, 2003 which obligates the Commission to be responsible for the cost of the necessary adjustments to allow highway construction along the routes identified in the agreement. A copy of the agreement is available to district utilities staff.&lt;br /&gt;
&lt;br /&gt;
====643.2.8.1.5 Services to the Commission====&lt;br /&gt;
When a utility facility provides a service connection to local Commission facilities such as power to traffic signals, lighting, ITS, and cathodic protection and phone drops to traffic signal controllers or other Commission facilities, the Commission is responsible for the cost of the necessary adjustments to allow highway construction.&lt;br /&gt;
&lt;br /&gt;
====643.2.8.1.6 Private Service Lines====&lt;br /&gt;
While most utility owners reconnect the private service lines at no cost to the property owner, some do not. If a utility owner does not reconnect service lines, MoDOT can include adjustment of private service lines in roadway contracts. Bid items for relocating service connections are provided for the different types of anticipated adjustments.&lt;br /&gt;
&lt;br /&gt;
====643.2.8.1.7 Second Moves====&lt;br /&gt;
If the Commission requires additional work to a utility facility after the facility has been relocated or adjusted in accordance with a plan of adjustment approved by the Commission for a single project number, the Commission is responsible for the cost of the additional work regardless of whether the initial adjustment was Commission responsibility as outlined in other parts of [[#643.2.8.1_Commission_Responsibility|643.2.8.1]].&lt;br /&gt;
&lt;br /&gt;
The purpose of the policy is to encourage utilities to relocate early rather than waiting until plans are published for bidding. The policy eliminates the utility having to relocate twice at its own expense because of late changes in the design. It is best to have utilities relocated prior to construction, and this policy helps achieve that goal. Therefore, it is imperative that the designer notifies district utilities staff as soon as possible of any changes made after these plans have been sent. If notified immediately, it may be possible to inform the utility owner prior to their final design thereby eliminating a second move.&lt;br /&gt;
&lt;br /&gt;
Under this policy, the following are not considered second moves. Temporary and staged relocations necessary to accommodate construction and agreed upon by the utility and the Commission prior to relocation are considered a single move and are not subject to the provisions of the second move policy. If the Commission requires adjustment of a utility facility for which the utility owner is responsible for the cost of the adjustment and was originally determined to not need adjustment, the utility owner is responsible for the cost of the adjustment. The utility owner is responsible for the cost of additional work to any portion of the utility facility after the utility facility has been adjusted in accordance with a plan of adjustment approved by the Commission if the additional work is required by the Commission due to error by the utility owner in preparation of plan of adjustment, field location of, or construction of the adjustment of the utility facility.&lt;br /&gt;
&lt;br /&gt;
When evaluating construction contract changes by change order or value engineering, the impacts of the second move policy should be considered.&lt;br /&gt;
&lt;br /&gt;
===643.2.8.2 Utility Owner Responsibility===&lt;br /&gt;
====643.2.8.2.1 Utility Facilities Owned and Operated by a Political Subdivision====&lt;br /&gt;
When a utility facility is located within Commission right of way, but does not have prior land rights, the utility owner is responsible for the cost of the necessary adjustments to allow highway construction. When a utility facility is located on public right of way other than Commission right of way, the utility owner is responsible for the cost of the necessary adjustments to allow highway construction.&lt;br /&gt;
&lt;br /&gt;
When a political subdivision must bear part or all the cost of adjustments to their utility facilities, and the cost creates a financial hardship, the Commission, by its authorized representative, the Chief Engineer, may temporarily assume these costs. A payback agreement with the political subdivision will include an applicable interest rate for a comparable maturity from a widely published index of tax-exempt municipal rates obtained from Financial Services. Payback time will not exceed five (5) years.&lt;br /&gt;
&lt;br /&gt;
====643.2.8.2.2 Utility Facilities Other Than Those Owned by a Political Subdivision====&lt;br /&gt;
When a utility facility is on the right of way of a public road or street or on state highway right of way without prior land rights and adjustment is necessary to allow for the construction of a roadway improvement, the utility owner is responsible for the cost of the necessary adjustments to allow highway construction.&lt;br /&gt;
&lt;br /&gt;
===643.2.8.3 Shared Responsibility===&lt;br /&gt;
When a utility facility is located such that portions of it are a Commission responsibility and portions of it are a utility owner responsibility by the definitions above, the costs of the necessary adjustments to allow highway construction will be split by the Commission and the utility owner. If the exact cost for each party can be determined, each party will be responsible for their portion of the cost of relocating the utility facility. If the exact cost for each party cannot be determined, the parties will arrive at a percentage reimbursement on an equitable basis.&lt;br /&gt;
&lt;br /&gt;
===643.2.8.4 Notice of Hearing===&lt;br /&gt;
When relocation or other difficulties with utility facilities on public right of way arise that prevent resolution by negotiation, formal hearings will be required.&lt;br /&gt;
&lt;br /&gt;
The district initiates a request for a utility relocation hearing with a letter to the Chief Counsel’s Office (CCO) (a copy is provided to the Design Division) requesting a hearing date. CCO will arrange for a hearing room, court reporter, etc. and advise the district of the hearing date.&lt;br /&gt;
&lt;br /&gt;
The district will prepare the notice of hearing by strictly following the given format and serve the notice on all persons and utility owners listed. The property and utility owner must be served only by personal service or by mailing a certified letter, return receipt requested, no later than 15 days before the date of hearing. This will require the district to make every effort to identify the correct property owner before preparing the notice of hearing. To avoid delays, every attempt will be made to issue the hearing notice at least 30 days prior to the hearing date in case any property has changed ownership and any additional property owners must be served. A notice of hearing on service line connections will also be served on the private or public owner of the main or distribution line to which the service lines are connected. A notarized &amp;quot;[https://epg.modot.org/forms/general_files/DE/ReportOnPersonalService.docx Report of Personal Service]&amp;quot; will be completed when notification by certified mail is not used.&lt;br /&gt;
&lt;br /&gt;
One copy of the hearing notice and attachments, &amp;quot;[https://epg.modot.org/forms/general_files/DE/ReportOnPersonalService.docx Report of Personal Service]&amp;quot; and certified mail notices are to be submitted to CCO after notification is complete.&lt;br /&gt;
&lt;br /&gt;
Prior to the hearing, the district&#039;s representative will become familiar with the details of the utility adjustment in order to provide concise testimony to expedite the hearing process. CCO will assign an attorney to work with the district and present the case.&lt;br /&gt;
&lt;br /&gt;
Refer to 7 CSR 10-3.030 020 Utility Relocation Hearings for additional information.&lt;br /&gt;
&lt;br /&gt;
A Waiver of Hearing should be obtained for non-reimbursable adjustments to document the commitment of the utility owner to adjust its utility facilities without adversely impacting the highway construction project. This may be accomplished informally via written communications between the district utilities staff and the utility owner’s representative. A [https://epg.modot.org/forms/general_files/DE/WaiverOfHearingForm.docx formal Waiver of Hearing statement] may be requested by either MoDOT or the utility owner. A [https://epg.modot.org/forms/general_files/DE/WaiverOfHearingLetter.docx sample transmittal letter for the Waiver of Hearing] is available. For reimbursable or partially reimbursable adjustments, the formal agreement serves as the basis of documentation of this commitment.&lt;br /&gt;
&lt;br /&gt;
==643.2.9 Estimates==&lt;br /&gt;
District utilities staff will negotiate with utility owners to determine reimbursable costs of the necessary adjustments to allow highway construction ([[#643.2.8_Cost_Responsibility|EPG 643.2.8 Cost Responsibility]]). These estimates are prepared in accordance with the provisions of 23 CFR 645 and any amendment thereto. These estimates must reflect the same procedures and costs used by the utility owners in their normal operations and must also accurately represent the expected costs of the work. The utility owner’s estimate will be reviewed by the district utilities staff to ensure compliance with 23 CFR 645.&lt;br /&gt;
&lt;br /&gt;
===643.2.9.1 Independent Cost Estimate===&lt;br /&gt;
The independent cost estimate provides the basis for district utilities staff to review the utility owner’s estimate of costs of the necessary utility adjustments to allow highway construction and any subsequent negotiations with the utility owner. The district utilities staff should prepare an independent cost estimate. The independent cost estimate may be based on unit prices of anticipated items of work in a utility adjustment necessary to allow highway construction. The independent cost estimate alternately may be based on recent similar types of utility adjustments necessary to allow highway construction and scaled for size. Consultants can be used to develop the independent cost estimate. All documentation of the independent cost estimate should be placed in MoProjects.&lt;br /&gt;
&lt;br /&gt;
===643.2.9.2 Type of Project Cost Estimates===&lt;br /&gt;
Either Actual Cost or Lump Sum estimates may be used for estimating the costs on the necessary utility adjustments to allow highway construction. If an Actual Cost estimate is used, detailed records of materials, labor, and equipment are made by district utilities and/or construction staff during construction, and a final audit of the utility owner’s cost records is made to determine the Commission’s actual responsibility for costs of the adjustment completed to allow highway construction. If a Lump Sum estimate is used, a final audit of costs for an adjustment in payment is not required. The Actual Cost method requires more detailed record keeping and documentation by the utility owner and district staff during construction. The Lump Sum method requires more upfront detail and work by the utility owner and judgment on the district utilities staff on the acceptability of the cost. The district utilities staff will work with the utility owner’s representative to determine the best type of estimate and therefore agreement to use.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.2.1 Actual Cost Estimate====&lt;br /&gt;
The cost estimate that supports the actual cost agreement is prepared in sufficient detail to determine the reasonable expected cost of the work to support development of an agreement between the utility owner and the Commission. However, reimbursement is based on the actual costs of design and construction of the necessary adjustment to allow highway construction. The [https://epg.modot.org/forms/general_files/DE/ActualCostCostEstimate_Example.docx actual cost estimate] should detail all costs of the necessary adjustment to allow highway construction, even if the Commission is only responsible for a portion of the costs as detailed in EPG [[#643.2.8.3_Shared_Responsibility|643.2.8.3 Shared Responsibility]].&lt;br /&gt;
&lt;br /&gt;
[https://epg.modot.org/forms/general_files/DE/ActualCostCostEstimate_Example.docx Actual cost estimates] can be used for any dollar amount of reimbursement.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.2.2 Lump Sum Estimates====&lt;br /&gt;
The cost estimate that supports the lump sum agreement must be accurate, comprehensive, verifiable, and in sufficient detail to present a clear picture of the work involved and the cost of the individual items. The estimate may cover only that portion of the adjustment for which the Commission is responsible for the costs of the necessary utility adjustments to allow highway construction.&lt;br /&gt;
[https://epg.modot.org/forms/general_files/DE/LumpSumCostEstimate_Example.docx Lump sum estimates] are limited to a maximum of $200,000 of Commission responsibility of costs of the necessary utility adjustments to allow highway construction; however, exceptions may be made for special situations that have prior approval from Design Division. These exceptions usually cover major relocations for which the Commission&#039;s proportionate responsibility is extremely small.&lt;br /&gt;
&lt;br /&gt;
===643.2.9.3 Utility Cost Estimate Requirements===&lt;br /&gt;
Whether using an Actual Cost or Lump Sum estimate, the following should be included in the estimate, if applicable. If any of the following sections are not included in the estimate, a qualifying statement as to why the costs were not included should be provided.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.1 Scope of Work====&lt;br /&gt;
All estimates require a concise summary of the work to be performed on the estimate. An example is &amp;quot;an estimate of cost covering the work of relocating Company&#039;s 12-inch Cushing-Woodriver pipeline to accommodate construction of Route 47 in Franklin County on Job No. J6P0172&amp;quot;.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.2 Engineering Costs====&lt;br /&gt;
Costs of engineering, whether preliminary or construction, must be shown as separate items and are not to be included with &amp;quot;labor costs&amp;quot;. Concurrent cost accounting procedures of FHWA and MoDOT make this a necessity. See [[#643.2.6_Preliminary_Engineering_Requirements|EPG 643.2.6 Preliminary Engineering]] and [[#643.2.16.2_Construction_Contract_Requirements|EPG 643.2.16.2 Construction Contract Requirements]] for further information.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.3 Right of Way Costs====&lt;br /&gt;
A detailed estimate of the cost to acquire replacement easements by the utility owner is required. The cost should be supported by a right of way plan.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.4 Material Costs====&lt;br /&gt;
Quantities, description of the item, the unit cost, and the extended totals are shown. Percentage computations will be shown immediately following &amp;quot;total cost&amp;quot; so the utility owner’s and Commission&#039;s cost obligations are properly indicated. Unit assembly costs similar to those used by several of the rural electric association (R.E.A.) cooperatives are acceptable, provided the same units and charges are used in the utility owner’s regular operations. A handling charge conforming with the utility owner’s regular procedures may also be included.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.5 Labor Costs====&lt;br /&gt;
Hours, individual or crew rates, and extended totals are shown. Payroll additives such as insurance, retirement, social security, vacation, and other benefits are shown as a separate item under this heading in accordance with utility owner’s regular procedures. Adequate explanation must be given for total percentage used, especially in those cases where materials and labor are combined as unit costs or where labor percentages include additives and equipment requirements.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.6 Equipment Costs====&lt;br /&gt;
A description of the equipment to be used must be shown jointly with the number of hours to be charged. Rates charged for equipment usage must be justified by the utility owner’s established accounting procedures. When the utility owner does not have an established accounting procedure or a capitalization and depreciation schedule that is used in its own operations, the rates are to be established by using rental rate publications as a guide. A reasonable amount will be deducted, when using rental rate schedules, for profit that the rental company realizes. A full explanation of the methods used in establishing the rates must also be submitted to support the utility owner’s request and with approval of the district utilities staff.&lt;br /&gt;
&lt;br /&gt;
Equipment may be rented when the utility owner’s equipment is not available or is inadequate, with the rental rate justified by appropriate solicitation of bids. See [[#643.2.16.2_Construction_Contract_Requirements|EPG 643.16.2 Construction Contract Requirements]] for further information.&lt;br /&gt;
&lt;br /&gt;
Unusual accounting procedures may be accepted with adequate prior explanations and approval of the Design Division.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.7 Removal Costs====&lt;br /&gt;
These costs are estimated and shown in a similar method but separately from installation costs. When removal costs exceed salvage credits by more than the estimated cost of removal by the roadway contractor, an effort should be made to persuade the utility owner to abandon the utility facilities in place. An exception is made when the utility owner is required to remove abandoned utility facilities because of liability, hazard, or by specific agreement with the Commission. Abandoned utility facilities can be included with the miscellaneous removals in the roadway contract. It may be possible for the utility owner to remove those portions of the utility facility for which credits will exceed removal costs, with the remainder of the utility facility to be abandoned for removal in the roadway contract. Materials removed must be itemized, with the utility owner’s customary salvage credit given. Items to be scrapped or junked should be indicated. Whenever a utility facility or portion thereof is shown to be abandoned on the plan of adjustment, the roadway plans should be notated accordingly. This eliminates ownership problems if these utility facilities are removed or salvaged by the roadway contractor.&lt;br /&gt;
&lt;br /&gt;
When the utility facility is no longer needed and removal is necessary to accommodate the roadway project, the removal of the item may be handled either as a right-of way-item or a utility adjustment. When handled as a right of way item, the damages allowed are to equal the depreciated value of the utility facility, with the necessary removals being accomplished by the roadway contractor. If accomplished as a utility adjustment, the Commission, by utility agreement, will reimburse the utility owner for removal costs and receive salvage credit for the material removed, up to but not exceeding removal costs.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.8 Salvage of Removed Materials====&lt;br /&gt;
This statement, to explain the salvage credit or lack of credit, will reflect routine utility owner policy as well as the particular situation. The utility owner will place a value on any recovered material for salvage. District utilities staff should check this value for reasonableness. Examples of salvage statements include:&lt;br /&gt;
* Existing utility facilities to be abandoned in place, since the cost of salvaging, based on our past experience, will exceed their value.&lt;br /&gt;
* Only those items will be salvaged for which salvage credit will exceed the cost of removal and salvage.&lt;br /&gt;
* Company liability requires removal of the retired utility facilities, even though the cost of removal will exceed allowable credit for salvage.&lt;br /&gt;
* Salvage credits are in accordance with established company accounting procedures.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.9 Accrued Depreciation Credits====&lt;br /&gt;
Credit is required for the accrued depreciation of a utility facility that is being replaced. Examples are a building, structure, pumping station, filtration plant, power plant, substation, or other similar operational unit. Credit for accrued depreciation will not be required for a segment of the utility&#039;s service, distribution, or transmission lines. It is also not required when the building or structure is being moved as necessitated by the highway project. Acceptable accrued depreciation credit will be determined by using the following formula:&lt;br /&gt;
:&amp;lt;math&amp;gt;\frac{Actual \; Length \; of \; Service \; of \; Replaced \; Facility \; (Years)}{Total \; Estimated \;  Service \; Life \; of \; Replaced \; Facility \; (Years)} \times Original \; Cost \; (\$) = Credit&amp;lt;/math&amp;gt;&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.10 Betterment Credits====&lt;br /&gt;
Betterment means the upgrading of the utility facility being relocated, made solely for the benefit of and at the election of the utility owner and is not attributable to the roadway improvement. Credit to the Commission is required for the additional costs incurred for the betterments introduced in the adjusted utility facility. No betterment credit is required for additions or improvements which are:&lt;br /&gt;
* Required by the highway project&lt;br /&gt;
* Replacement devices or materials that are of equivalent standards although not identical&lt;br /&gt;
* Replacement of devices or materials no longer regularly manufactured with next highest grade or size&lt;br /&gt;
* Required by law under governmental and appropriate regulatory commission code&lt;br /&gt;
* Required by current design practices regularly followed by the utility owner in its own work, and there is a direct benefit to the highway project&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.11 Overhead Costs====&lt;br /&gt;
Overhead costs are usually a percentage of the total labor cost. This item must be in accordance with the utility owner’s established accounting procedures, which in some cases may include handling costs or be a percentage of the total cost of the work involved. Additional attention to overhead costs is required when the rate is different from previously accepted rates. Occasionally, it can be difficult to obtain the necessary information at the time of the estimate to approve the overhead rates. In this situation, the estimate can be approved with exception of the overhead rates for payment. The utility owner is informed of this matter with the understanding that the overhead rates could be approved and paid with submission of appropriate supporting data and Financial Services audit review.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.12 Prorating Costs====&lt;br /&gt;
The need for prorating utility adjustment costs occurs when both the Commission and the utility owner are responsible for a portion of the utility adjustment necessary to allow for highway construction, and the actual costs for reimbursement in each category cannot be explicitly determined. Generally, the following conditions require division of costs:&lt;br /&gt;
* The adjustment is considered partially reimbursable per [[#643.2.8.3_Shared_Responsibility|EPG 643.2.8.3 Shared Responsibility]]&lt;br /&gt;
* Betterments are included in the necessary adjustment of the utility facility&lt;br /&gt;
&lt;br /&gt;
The district utilities staff should negotiate with the utility owner’s representative to determine an equitable basis for the prorating of costs based on the characteristics of the utility adjustment necessary to allow for highway construction.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.13 Costs Records====&lt;br /&gt;
The estimate should include a statement as to where the utility owner’s cost records may be reviewed. An example: &amp;quot;Company cost records will be available in our office at 2134 Industrial Avenue, Tulsa, Oklahoma&amp;quot;.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.14 Other====&lt;br /&gt;
Additional statements will explain or further clarify the work that is included. Such other items may include bypasses, special equipment, need for larger utility facilities, etc.&lt;br /&gt;
&lt;br /&gt;
==643.2.10 Schedule==&lt;br /&gt;
Timely adjustments of utility facilities are essential for efficient completion of highway construction projects. Ideally, all utility adjustments are completed prior to a project’s Plans, Specifications, and Estimate (PS&amp;amp;E) submittal to Central Office. Depending on the specifics of the highway construction and utility adjustment necessary, early completion of the utility adjustment may not be practical. The district utilities staff should negotiate with the utility owner to determine the schedule parameters necessary for the utility adjustment. At a minimum, the utility owner should document the dates it anticipates starting and completing the work. If a utility adjustment depends upon the completion of a portion of the highway construction, the necessary milestone for starting the utility adjustment should be documented along with an anticipated number of working days to complete the utility adjustment. The schedule is included as Exhibit “C” to the agreement.&lt;br /&gt;
&lt;br /&gt;
==643.2.11 Pre-Audits==&lt;br /&gt;
The district utility staff performs a pre-audit review and approval prior to preparation of the agreement. A [https://epg.modot.org/forms/general_files/DE/PreAuditChecklist.docx pre-audit checklist] should be completed and saved in MoProjects.&lt;br /&gt;
&lt;br /&gt;
==643.2.12 Utility Agreements==&lt;br /&gt;
Whenever the Commission is responsible for the cost of the necessary adjustments to allow highway construction, an agreement is required. If a Master Reimbursable Utility Agreement (see [[#643.2.12.2_Master_Reimbursable_Utility_Agreements|EPG 643.2.12.2]]) has not been executed with the utility owner, a Project Specific Agreement (see [[#643.2.12.3_Project_Specific_Agreements|EPG 643.2.12.3]]) is executed between the utility owner and the Commission. In some cases, it may be more practical for the Commission to include adjustment of utilities into a Commission administered contract. A Utility Agreement - Actual Cost (For Utility Work That is to be Included in the Missouri Highways and Transportation Commission&#039;s Road Project) (see [[#643.2.12.4_Agreement_for_Utility_Work_Included_in_Roadway_Improvement_Project|EPG 643.2.12.4]]). Agreements include a plan of adjustment (Exhibit “A”), cost estimate (Exhibit “B”), and schedule (Exhibit “C”).&lt;br /&gt;
&lt;br /&gt;
The Utility Agreement boilerplate forms have been approved by the Chief Counsel’s Office (CCO). They are identified in the upper left-hand corner of each agreement by an identifier such as CCO Form: UT01 for the Master Reimbursable Utility Agreement. CCO updates these agreements as necessary. They serve as a guide in the preparation of the agreement to be executed with the utility owner for the adjustments required to their utility facilities to accommodate the proposed roadway improvement project. District utilities staff should use the latest version of the agreement found in [https://netprod3.dot.missouri/eAgreements/Search/QuickSearch eAgreements] in drafting an agreement with utility owners. A list of utility agreements and detailed information concerning the sequence for preparing and executing an agreement is available in  [[:Category:153_Agreements_and_Contracts|EPG 153 Agreements and Contracts]].&lt;br /&gt;
&lt;br /&gt;
These forms are to be used word for word. Revisions or additions are only made to address specific project details. The intent of each paragraph must be retained, although specific words may be revised to fit the particular situation. No paragraphs are deleted without prior approval from CCO. For guidance on acceptance of liability, refer to the [[:Category:153_Agreements_and_Contracts#153.1.1.2_Acceptance_of_Liability_Policy_(MoDOT_Access_Only)|Acceptance of Liability Policy]] at the CCO SharePoint page. Drafts of agreements having major revisions or complications are to be submitted, with supporting data, to Design Division for comment and approval.&lt;br /&gt;
&lt;br /&gt;
A reference to 23 CFR 645 is included in all agreements. Utility owners must be acquainted with these requirements and procedures. The incorporation of 23 CFR 645 by reference in all agreements eliminates the need for a second set of regulations to be included in the document.&lt;br /&gt;
&lt;br /&gt;
The agreement for the adjustment of a utility is prepared by the district utilities staff and submitted to the utility owner for execution. The agreement is based on the plan, estimate of cost which was prepared in accordance with 23 CFR 645, and schedule. Authorized individuals representing the utility owner will execute the agreement. The agreement must be signed, sealed, and if necessary, notarized by the utility owner. If the utility owner does not have or use a corporate seal, write &amp;quot;NO SEAL&amp;quot; under the signatures of the owner’s officers. Agreements with political subdivisions are to be supported by an appropriate ordinance, a copy of which is to be submitted with the executed agreements. All copies will be forwarded to the CCO for further handling. A fully executed copy of the agreement will be retained in eAgreements. If the agreement was executed using electronic signatures, the district utilities staff should forward an electronic copy of the fully executed agreement to the utility owner. If the agreement was executed using wet signatures, one (1) paper copy of the fully executed agreement will be returned by the Commission Secretary’s Office to the district utilities staff. The district utilities staff will forward this copy to the utility owner.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.1 Buy America Build America Requirements===&lt;br /&gt;
All agreements contain information on Buy America Build America (BABA) compliance. The utility owner should select the method of certification (See [[#643.2.19_Buy_America_Build_America_for_Utilities|EPG 643.2.19]]) at the time of agreement completion. The appropriate paragraph will be inserted into the agreement. All BABA compliance documents must be retained by the utility owner and made available upon request at no cost to the Commission and/or FHWA.&lt;br /&gt;
&lt;br /&gt;
====643.2.12.1.1 Utility Owner Self-Certification====&lt;br /&gt;
The City/Company certifies that when determining products/materials subject to Buy America Build America requirements to use in the performance of this Agreement, it shall use only such products/materials for which it has received a certification from its supplier, or provider of construction services that procures the product/material, certifying compliance with Buy America Build America requirements. This does not include products/materials for which waivers have been granted pursuant to 23 CFR 635.410. The City/Company will not be required to provide the Commission copies of the supplier certification as part of this Agreement or with the final invoice of said Commission’s Federal-Aid Highway Construction Project.&lt;br /&gt;
&lt;br /&gt;
====643.2.12.1.2 Vendor/Manufacturer Certification====&lt;br /&gt;
The City/Company certifies that when determining products/materials subject to Buy America Build America requirements to use in the performance of this Agreement, it shall use only such products/materials for which it has received a certification from its supplier, or provider of construction services that procures the product/material, certifying compliance with Buy America Build America requirements. This does not include products/materials for which waivers have been granted pursuant to 23 CFR 635.410. The City/Company shall provide to the Commission all Buy America compliance documents as outlined in the Commission’s Engineering Policy Guide 643. All required compliance documents shall accompany the final invoice submitted to the Commission.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.2 Master Reimbursable Utility Agreements===&lt;br /&gt;
The UT01: Master Reimbursable Utility Agreement (MRUA) is a statewide agreement that has been executed by the utility owner and the Commission for all future reimbursable utility adjustments between both parties. Once a MRUA is executed, no other utility agreements are required on design-bid-build projects. The district utilities staff should encourage utility owners to enter into a MRUA with the Commission to reduce potential future delays in executing a project specific agreement. A list of previously executed [https://modotgov.sharepoint.com/sites/DE/Utilities/Agreements/MRUA%20-%20Existing?csf=1&amp;amp;web=1&amp;amp;e=4LJHoa Master Reimbursable Utility Agreements (Modot Access Only)] is available. District utilities staff should add newly executed agreements to this list. The MRUA can be employed as either an actual cost ([[#643.2.12.3.1_Actual_Cost_Agreements|EPG 643.2.12.3.1]]) or lump sum ([[#643.2.12.3.2_Lump_Sum_Agreements|EPG 643.2.12.3.2]]) agreement. When the reimbursable adjustment will utilize a MRUA, the district utilities staff will prepare a MRUA correspondence letter (“letter agreement”) referencing the executed MRUA. A copy of the MRUA correspondence letter should be saved in MoProjects for reference by Financial Services, the district construction office, and the district staff responsible for inspection of utility adjustments. All project specific items such as type of agreement (actual cost or lump sum), plan of adjustment, estimated total cost, cost allocation, and schedule are addressed in the MRUA correspondence letter from the district utilities staff to the utility owner. A [https://epg.modot.org/forms/general_files/DE/flowchart.pdf flowchart of the MRUA process] is available.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.3 Project Specific Agreements===&lt;br /&gt;
If a utility owner does not have a MRUA with the Commission, a project specific agreement will be required for every project for which the Commission is responsible for the necessary adjustments to allow highway construction. The project specific agreement will be either an actual cost ([[#643.2.12.3.1_Actual_Cost_Agreements|EPG 643.2.12.3.1]]) or lump sum ([[#643.2.12.3.2_Lump_Sum_Agreements|EPG 643.2.12.3.2]]) agreement.&lt;br /&gt;
&lt;br /&gt;
====643.2.12.3.1 Actual Cost Agreements====&lt;br /&gt;
The UT03: Utility Agreement – Actual Cost is used when detailed estimates are not practical or costs appear to be questionable. Details on actual cost estimates can be found at [[#643.2.9.2.1_Actual_Cost_Estimate|EPG 643.2.9.2.1 Actual Cost Estimates]]. Once the final invoice on a UT03 is submitted to Financial Services, district utilities staff should change the status on the agreement in eAgreements to completed.&lt;br /&gt;
&lt;br /&gt;
====643.2.12.3.2 Lump Sum Agreements====&lt;br /&gt;
The UT02: Utility Agreement – Lump Sum eliminates the need for keeping detailed records of cost and the auditing of cost records. Estimates of cost must be prepared in detail for use of this agreement. When detailed estimates are not practical or costs appear unreasonable, actual cost agreements are to be used. Use of special forms of agreements, such as &amp;quot;subordination agreements&amp;quot;, which are desired by certain utility owners, is acceptable. These, too, must be revised to cover the particular situation. Details on lump sum estimates can be found at [[#643.2.9.2.2_Lump_Sum_Estimates|EPG 643.2.9.2.2 Lump Sum Estimates]]. Once the final invoice on a UT02 is submitted to Financial Services, district utilities staff should change the status on the agreement in eAgreements to “completed”.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.4 Agreement for Utility Work Included in Roadway Improvement Project===&lt;br /&gt;
The UT04: Utility Agreement - Actual Cost (For Utility Work That is to be Included in the Missouri Highways and Transportation Commission&#039;s Road Project) allows for the adjustment to be based on actual cost with the roadway contractor performing the utility work. Caution should be exercised in the type of utilities to be relocated in roadway contracts. Utilities recommended are waterlines and sewer lines. Other utilities, such as gas lines, communication lines, and power lines are to be studied thoroughly before being included in the project.&lt;br /&gt;
&lt;br /&gt;
The Transportation Project Manager and district utilities staff must plan ahead to get this work in the roadway contract. The utility owner must agree to include the utility adjustment in the roadway contract. The adjustment may be on highway right of way or on private easement in the name of the utility owner. The utility owner can agree to allow MoDOT’s contractor to work in its easement. However, district utilities staff in consultation with district right of way staff should review the easement documentation to verify the utility owner’s rights to the easement and any limitations on its use. MoDOT’s contractor can work and operate on both Commission right of way and on the utility easement, even when not directly connected to the Commission right of way, as part of the job site. Temporary construction easements may be necessary in addition to the utility easement to ensure adequate working room for the contractor.&lt;br /&gt;
&lt;br /&gt;
:The utility owner may request exemption to any liability for negligence of our contractor working on their easement. The Commission can assume that liability (refer to [[:Category:153_Agreements_and_Contracts#153.1.1.2_Acceptance_of_Liability_Policy_(MoDOT_Access_Only)|Acceptance of Liability Policy]]), but it should be included in the utility agreement if so desired by the utility owner. A Job Special Provision is necessary to require the MoDOT contractor to hold the utility harmless from all claims due to contractor negligence.&lt;br /&gt;
&lt;br /&gt;
Subsurface information, i.e. boring data, etc., should be obtained by the utility owner since it may be needed for the design of the utility adjustment. This information should be included in the plans. If the utility owner must bear all or part of the cost of the adjustment, the utility owner must agree to pay a pre-deposit to the Commission prior to opening bids on the project. This should be in the utility agreement. The pre-deposit will be credited to the &amp;quot;Missouri Highway and Transportation Commission - Local Fund.&amp;quot; Any interest earned in the fund will apply to the cost of the adjustments. The utility agreement will include language that the utility will inspect the installation and assume maintenance of the utility facility after construction. MoDOT will also provide engineering supervision to be sure the road contractor is in compliance with the contract. Utility plans and specifications are to be approved by the owner prior to submittal to the Central Office. The following items will provide minimum information to allow MoDOT’s contractor to bid the work.&lt;br /&gt;
# Individual bid items (not &amp;quot;lump sum&amp;quot;) should be established to promote better bidding and to handle overruns and underruns. Bid items not included on the Computer Stored Bid Item list should be &amp;quot;99&amp;quot; numbers.&lt;br /&gt;
# he bid package must be in our letting format. If the package was prepared by a consultant as if the utility owner were going to let it, all bid bond or bidding procedures must be screened to remove requirements contrary to MoDOT letting requirements. District utilities staff should work with the Transportation Project Manager, Design Liaison Engineer, and Central Office Bidding and Contract Services to ensure this requirement is met.&lt;br /&gt;
# The specifications required by the utility owner should be reviewed for items that could cause a bid problem for our contractor. Items such as non-readily available materials or sizes should be avoided.&lt;br /&gt;
# Utility plan sheets should be .pdf files equivalent to 22 in. x 34 in. It is helpful to have a quantity sheet specifically for utility items.&lt;br /&gt;
# Any special procedures required for the utility installation should be included in the Job Special Provisions.&lt;br /&gt;
# The utility package should be submitted on-time to Central Office with other project plans.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.5 Agreement for a Utility Only Project===&lt;br /&gt;
Any of the above agreements can be modified for a utility only project separate from the roadway project. The utility only project may be done by forces hired by the utility owner or by the Commission. A separate utility only project has distinct advantages when the following occurs:&lt;br /&gt;
* The utility work is extensive&lt;br /&gt;
* It must be performed in accordance with the utility owner’s seasonal requirements&lt;br /&gt;
* It extends beyond the limits of the construction project&lt;br /&gt;
* It must be performed considerably in advance of the roadway contract&lt;br /&gt;
&lt;br /&gt;
Necessary environmental and design work is still required for the limits of the separate utility only project. It may be necessary in these cases to have a second agreement with the utility owner to cover any other work that must be performed concurrently with the roadway contract. These latter agreements will use the roadway construction job number. Early need for utility projects is to be determined at the time when the STIP is updated each year. The utility construction funds will be shown in the year right of way funds are assigned. This will be done whenever possible to secure early adjustment of utility facilities. A request by the district is sent to the Planning Division. Estimated dollar amounts for utility adjustments are needed. These are estimates and do not need to be extremely accurate. When a special utility project is established, it is preferred, if at all possible, to include all the utility adjustments necessary for the entire roadway project. If funds are available, additional agreements can be added to this utility project until the final invoice for the first completed agreement is received for payment.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.6 Supplemental Agreements===&lt;br /&gt;
For utility owners with a UT01 agreement, a supplemental letter agreement documenting the change in the scope or cost of the work is acceptable.&lt;br /&gt;
&lt;br /&gt;
The UT05: First Supplemental Agreement is used to document changes to UT02 and UT03 agreements. If changes to the scope of work occur that are anticipated to exceed $100,000 or 15% of the original agreement, a UT05 is required. If the final invoice on an actual cost adjustment without changes in the scope of work exceeds the limits shown in the table below, a UT05 is required.&lt;br /&gt;
&lt;br /&gt;
{| class=&amp;quot;wikitable&amp;quot; style=&amp;quot;margin-left: 25px; text-align:center&amp;quot;&lt;br /&gt;
! Amount in Original Actual Agreement !! Final Bill Total Exceeds Original Amount by:&lt;br /&gt;
|-&lt;br /&gt;
| 0-$25,000 || 50%&lt;br /&gt;
|-&lt;br /&gt;
| $25,000-$100,000 || 40%&lt;br /&gt;
|-	&lt;br /&gt;
| Exceeds $100,000 || 30%&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
Should multiple UT05s be required with the same utility owner, the UT05 should be modified for additional supplemental agreements. Once the final invoice on an UT05 is submitted to Financial Services, district utilities staff should change the status on the agreement in eAgreements to “completed”.&lt;br /&gt;
&lt;br /&gt;
==643.2.13 Utility Adjustments in Roadway Plans and Job Special Provisions (JSPs)==&lt;br /&gt;
It is the responsibility of the MoDOT Transportation Project Manager (TPM) to ensure utility plans of adjustment are shown on the project plans at the Plan, Specification, and Estimate (PS&amp;amp;E) stage based upon information coordinated by the district utilities staff with the appropriate utility owner.&lt;br /&gt;
&lt;br /&gt;
===643.2.13.1 Plans===&lt;br /&gt;
A legend showing all applicable utility symbols and the names of the utility owners is shown on the first special utility sheet. In the absence of special utility sheets, this information may be shown on the title sheet or the first plan and profile sheet. The following note is required to be placed on the title sheet or the first plan and profile sheet and the first special utility sheet (if used) to inform contractors of the suitability of the utility information contained on the plans.&lt;br /&gt;
&lt;br /&gt;
&amp;quot;The existence and approximate location of utility facilities known to exist, as shown on the plans, are based on the best information available to the Commission at this time. This information is provided by the Commission &amp;quot;as-is&amp;quot; and the Commission expressly disclaims any representation or warranty as to the completeness, accuracy, or suitability of the information for any use. Reliance upon this information is done at the risk and peril of the user, and the Commission shall not be liable for any damages that may arise from any error in the information&amp;quot;.&lt;br /&gt;
&lt;br /&gt;
===643.2.13.2 Job Special Provisions===&lt;br /&gt;
Since the addition of utility information on the plans, supplied by a third party, could subject the Missouri Highway and Transportation Commission to additional liability, a Utility JSP reflecting the status of utility adjustments will be required. The JSP will include the name, address, e-mail address, and telephone number of all utility owner representatives for all utility facilities located on the project. The anticipated adjustment completion date for each utility adjustment is also to be shown based on the agreed upon dates, durations, or completion dates with the utility owner’s representative. This information will inform the bidder of the status of utilities for proper work coordination that could affect the bids for the proposed highway construction project. Status notations will include general notations such as: “N/A”, “Work is in progress”, “Work has not started”, “Work is complete”, and “Work is included in contract.”&lt;br /&gt;
&lt;br /&gt;
===643.2.13.3 PS&amp;amp;E Submittal===&lt;br /&gt;
In the District Final Plans Submittal Checklist (D-12), the TPM should note any issues related to existing utility facilities or the adjustment of utility facilities either shown or not shown on the plans. Projects with “No Utility Impacts” such as some overlays, striping, bridge washing, etc. do not need a Utility Status Letter or Utility JSP. The D-12 is used for these projects. In the D-12, under Project Details – “Utilities”, the note “NO” is selected and under “Status”, select “Clear”. For all other projects, the district utilities staff will write a [https://epg.modot.org/forms/general_files/DE/utilitystatusletter Utility Status Letter]. The TPM will include the Utility Status Letter with the submittal of the final plans to the Design Division. The Utility Status will be defined as:&lt;br /&gt;
# Utility facilities are present, but no conflict is anticipated with the highway construction project. Or,&lt;br /&gt;
# All utility facilities requiring adjustment to allow highway construction have been physically adjusted on the project. Or,&lt;br /&gt;
# Utility construction work is planned or active and will be completed to such a point that no impact will be expected to the highway construction project. The status of this work is defined in the utility JSP. Or,&lt;br /&gt;
# Utility facilities are not expected to be adjusted by the notice to proceed date for the road project, but the utility work will have no impact on the progress of the highway construction project. The status of this work is defined in the utility JSP. Or,&lt;br /&gt;
# Utility facilities must be adjusted after the road contractor completes stage construction or in coordination with the contractors’ work. Details of the coordination effort required of the contractor are defined in the utility JSP to properly advise bidders. Or,&lt;br /&gt;
&lt;br /&gt;
# Utility adjustment plans and specifications are included in the bid documents for the highway construction project. A UT04 agreement must be executed.&lt;br /&gt;
&lt;br /&gt;
==643.2.14 Payment to Utility Companies for Reimbursable Work==&lt;br /&gt;
Authorization and federal funding obligation must be approved prior to incurring costs. This applies to all types of work on utility facilities including preliminary engineering. An obligation is a commitment by the federal government to reimburse MoDOT for the federal share of a project’s eligible cost.&lt;br /&gt;
&lt;br /&gt;
===643.2.14.1 Obligation Process===&lt;br /&gt;
Federal funding can be used with both lump sum and actual cost agreements. After the utility agreement is fully executed, the district utilities staff will email a copy of the utility agreement or the letter agreement referencing the MRUA to the email group OBLIGATE. This email should request the authorization authority for use of federal funds and to be informed of a Notice to Proceed (NTP) (see [[#643.2.15_Notice_to_Proceed|EPG 643.2.15]]) date by Financial Services once federal funding has been obligated. District utilities staff should allow three (3) weeks to receive the NTP. Financial Services will use Advance Construction (AC) funding to fund reimbursement to utility owners. With AC funding, state funds initially are used to pay for reimbursement to utility owners. Once construction is complete, with appropriate documentation of the work via the [https://epg.modot.org/forms/general_files/DE/C-9.docx C-9] and [https://epg.modot.org/forms/general_files/DE/C-13.docx C-13], Financial Services will convert to federal funding.&lt;br /&gt;
&lt;br /&gt;
===643.2.14.2 Preliminary Engineering===&lt;br /&gt;
On occasion, preliminary engineering (PE) may need to be undertaken by the utility owner prior to the execution of a utility agreement. If a utility owner has a MRUA, an estimate of the cost of the PE work by the utility owner may be used to obligate funding for preliminary engineering under the MRUA as a PE only letter agreement. If a lump sum or actual cost agreement will be required with the utility owner for the project, district utilities staff should do two (2) agreements with one agreement covering PE only, and once a design for the adjustment is obtained, a second agreement for the construction of the adjustment should be executed. If a separate PE only agreement is obtained, NTP will need to be issued twice to the utility owner: once for PE and once for construction.&lt;br /&gt;
&lt;br /&gt;
===643.2.14.3 Right of Way===&lt;br /&gt;
Once Notice to Proceed has been given, the utility owner may begin the right of way acquisition process. If the utility owner needs to acquire right of way prior to a full agreement for relocation has been negotiated, the agreement specifically for the acquisition of right of way should be executed. This agreement will be sent to Financial Services to begin the obligation process.&lt;br /&gt;
&lt;br /&gt;
===643.2.14.4 Construction===&lt;br /&gt;
Payment to utility owners for construction of the adjustment may occur in a number of phases.&lt;br /&gt;
&lt;br /&gt;
====643.2.14.4.1 Prepayment====&lt;br /&gt;
Per the utility agreement, the Commission allows utility owners to be prepaid prior to commencing work. The district utilities staff may negotiate the prepayment if the utility owner is receptive. The utility owner will submit a request for prepayment with an invoice prior to any prepayment. Route, county, and job number must be included in the request. The district utilities staff will submit a request to Financial Services with a copy saved in MoProjects for future reference by the district staff responsible for inspection of the utility adjustment.&lt;br /&gt;
&lt;br /&gt;
====643.2.14.4.2 Progress Payments====&lt;br /&gt;
If a utility owner has not been prepaid the entire estimated amount in the utility agreement, then the utility owner may request progress payments after completing a portion of the proposed work, including PE.&lt;br /&gt;
&lt;br /&gt;
Progress payments for PE by consultants should not exceed the &amp;quot;maximum not to exceed amount&amp;quot; shown in the cost estimate unless additional costs are approved first by district utilities staff.&lt;br /&gt;
&lt;br /&gt;
For progress payments, the utility owner is required to submit only a summary of work and materials for which payment is claimed, not a detailed billing. District utilities staff should check only to be sure that sufficient work has been done to justify making the requested payment. Payment should be made for allowable costs incurred up to the date of the progress payment request.&lt;br /&gt;
&lt;br /&gt;
Progress payment invoices do not relieve the utility owner of the responsibility of submitting one complete and final invoice upon completion of the adjustment. The utility owner’s address must be shown on the invoice. The district utilities staff should submit progress payment invoices and applicable C-9s to Financial Services within one (1) week of receipt of invoice.&lt;br /&gt;
&lt;br /&gt;
One copy of the progress payment and one copy of the district utilities staff letter of recommendation must be sent to Financial Services for payment and be stored in MoProjects. The cover memo should include the project number, route, county, actual cost or lump sum utility agreement, Commission obligation percentage, total cost estimate of Commission obligation, and indicate the progress payment number, i.e., progress payment number 1, 2, 3, etc. If more than one progress payment is requested by the utility company, the district should submit progress payment bills to Financial Services in the following format:&lt;br /&gt;
{| class=&amp;quot;wikitable&amp;quot; style=&amp;quot;margin-left: 25px; text-align:center&amp;quot;&lt;br /&gt;
! Payment !! Amount&lt;br /&gt;
|-&lt;br /&gt;
| Progress Payment #1 || $50,000&lt;br /&gt;
|-&lt;br /&gt;
| Progress Payment #2 || 10,000&lt;br /&gt;
|-	&lt;br /&gt;
| Total Payment to Date || $60,000&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
This format will help clarify payment history with the utility owner. Progress payments for actual cost utility agreements may not exceed the Commission&#039;s total estimated cost shown in the agreement. However, if the request for a progress payment exceeds the original estimate, a change order with explanation should accompany the request. (See [[#643.2.16.5_Change_Orders|EPG 643.2.16.5 Change Orders]].)&lt;br /&gt;
&lt;br /&gt;
====643.2.14.4.3 Final Payment====&lt;br /&gt;
Utility owners are required to submit a detailed final invoice to MoDOT for all actual cost reimbursable utility work and for any lump sum reimbursable utility work that was not prepaid. For prepaid lump agreements, the utility owner must submit a zero-dollar ($0) invoice to demonstrate the work has been completed. After the utility work has been fully completed, the district utilities staff responsible for inspection should send the utility owner a “60 Day” [https://epg.modot.org/forms/general_files/DE/FinalInvoiceLetter.docx Final Acceptance Letter] requesting a complete final invoice within 60 days, as detailed in the utility agreement. If the final invoice is not received from the utility owner within 30 days, then a follow up letter should be sent (i.e., “30 Day” [https://epg.modot.org/forms/general_files/DE/FinalInvoiceReminderLetter.docx Reminder Final Invoice Letter]) reminding the utility owner of its obligation to submit a final invoice within 60 days of the completed work. If a final invoice from the utility owner is not received within this timeframe, then the district utilities staff should contact the Design Liaison Engineer for guidance on how to close out the work.&lt;br /&gt;
&lt;br /&gt;
The district utilities staff is expected to check the final bill within two (2) weeks after receipt in as much detail as possible against the C-9. It is their responsibility to verify from field records the quantities of labor, equipment, material used, material retired, and to justify all changes made. If the utility owner’s contractor made the adjustment at unit cost prices, then it is the district utility staff’s responsibility to verify the number of units completed and not the hours of labor and equipment. It is also important for the utility owner to show the words “final bill” or “final invoice” on the last bill, in order for MoDOT to understand that no additional charges will be made on the adjustment. The final bill must show a general description of the utility adjustment, the highway project number, the date on which work was completed or last item of billed expense was incurred, and the location where records can be audited. The order of items in the final statement should follow as closely as possible the order of items in the original estimate. A summary, on the utility owner’s letterhead, of the total cost of preliminary engineering, construction engineering, right of way, labor, overhead, construction travel expense, transportation, equipment, materials, supply, handling, and salvage credits should be shown in a way that will permit direct comparison with the approved estimate from the original or supplemental agreements (see [[#643.2.12.6_Supplemental_Agreements|EPG 643.2.12.6]]).&lt;br /&gt;
&lt;br /&gt;
If the Actual Cost final invoice shows a much higher cost than the original estimate without scope change, the utility owner is required to give reasons in a letter to the district utilities staff explaining why the invoice cost increased. When the Actual Cost final invoice exceeds the amount shown in the table in [[#643.2.12.6_Supplemental_Agreements|EPG 643.2.12.6]], a supplemental agreement is required.&lt;br /&gt;
&lt;br /&gt;
When the district utilities staff has determined that the final invoice is accurate, the C-13 should be completed. Once the C-13 is completed, the C-13 and the final invoice from the utility owner are forward to Financial Services. For Actual Cost agreements, the C-9s should also be included in this transmittal. If no additional payments are required, the district utilities staff should note this in the transmittal as well. If the final invoice indicates previous payments to a utility owner exceeded the final invoice, the utility owner will need to send MoDOT a check for the overpayment amount. The check should be made payable to Director of Revenue – Credit State Road Fund. If the utility owner did not send MoDOT an overpayment check with the final invoice, district utilities staff should send a letter to the utility owner requesting the refund amount. Submittal of the final invoice to Financial Services should not occur until repayment has been received. The submittal to Financial Services should note the receipt of the repayment check.&lt;br /&gt;
&lt;br /&gt;
==643.2.15 Notice to Proceed==&lt;br /&gt;
For PE only, once an agreement has been executed, and Financial Services has advised that authorization from FHWA has been received, district utilities staff will issue a notice to proceed (NTP) letter to the utility owner for the PE. For agreements that include PE and construction or once a final agreement for construction has been executed, right of way clearance has been issued, and Financial Services has advised that authorization from FHWA has been received, the district utilities staff will issue NTP to the utility owner for construction. See [https://epg.modot.org/forms/general_files/DE/NoticeToProceedExampleLetter.docx Example of Notice to Proceed Letter]. If salvage credit is part of the agreement with the utility owner, the NTP letter should include a statement that the utility owner will need to inform district utilities staff of the time and place that inspection may be made of the removed material. The utility owner may be held accountable for full value of materials disposed without proper notice. Utility owners may purchase materials prior to NTP for construction; however, no other work on the adjustment necessary to allow highway construction may begin prior to NTP for construction. The utility owner, for reasons of planning their workload or due to seasonal situations, may request early authorization to perform the work. This request, with the district utilities staff recommendations, is sent to the Design Liaison Engineer for further handling, approval, and advancement of the necessary funds. A copy of the NTP should be saved in MoProjects. If a utility owner begins adjustments prior to NTP for construction, district utilities staff should notify the utility owner immediately in writing that reimbursement will not be made for work done prior to NTP for construction.&lt;br /&gt;
&lt;br /&gt;
==643.2.16 Construction of Utility Adjustments==&lt;br /&gt;
===643.2.16.1 Utility Owner Self-Perform===&lt;br /&gt;
As per 23 CFR 645.115 Construction, it may be cost-effective for certain utility adjustments to be performed by a utility owner with its own internal forces and equipment, provided the utility owner is qualified to perform the work in a satisfactory manner. This cost-effectiveness finding covers minor work on the utility owner’s existing utility facilities routinely performed by the utility owner with its own forces.&lt;br /&gt;
&lt;br /&gt;
===643.2.16.2 Construction Contract Requirements===&lt;br /&gt;
When the utility owner is not adequately staffed and equipped to perform such work with its own forces and equipment at a time convenient to coordination with the associated highway construction, such work may be done one of four ways for utility adjustments:&lt;br /&gt;
# MoDOT can provide the construction services, via awarded contract to the lowest qualified bidder based on appropriate solicitation. This can be done by including the adjustment work in the roadway improvement project ([[#643.2.14_Payment_to_Utility_Companies_for_Reimbursable_Work|EPG 643.2.12.4 Utility Agreement for Utility Work Included in Roadway Improvement Project]]) or by having a utility only project ([[#643.2.12.5_Agreement_for_a_Utility_Only_Project|EPG 643.2.12.5 Utility Only Project]]).&lt;br /&gt;
# The utility owner can award a construction contract to the lowest qualified bidder based on appropriate solicitation.&lt;br /&gt;
# The utility owner can utilize an existing continuing contract, provided the costs are reasonable (see [[#643.2.9.1_Independent_Cost_Estimate|EPG 643.2.9.1 Independent Cost Estimate]]).&lt;br /&gt;
# The utility owner can contract for low-cost incidental work, such as tree trimming and the like, without competitive bidding, provided the costs are reasonable (see [[#643.2.9.1_Independent_Cost_Estimate|EPG 643.2.9.1 Independent Cost Estimate]]).&lt;br /&gt;
&lt;br /&gt;
When a utility owner chooses option 2 to award its own new construction contract, the utility owner must provide the following documents and information to the district utilities staff. These documents need to be provided as soon as the utility owner has chosen to pursue a construction contract. Document 1 must be supplied by all utility owners. Documents 2 and 3 are only required when the utility owner is a local government agency who is also a political subdivision of the state of Missouri (e.g., city-owned utilities, county-owned utilities). All other utility owners are encouraged, but not required, to provide Documents 2 and 3.&lt;br /&gt;
# A statement that the utility owner is not staffed or able to perform the required construction activities with its own forces.&lt;br /&gt;
# A copy of the request for proposal used to secure bids.&lt;br /&gt;
# A list of a minimum of 3 bidders whom they believe can do the work. &#039;&#039;&#039;Political subdivisions are required to advertise for the work&#039;&#039;&#039;.&lt;br /&gt;
# Upon review of these documents, the district utilities staff will advise the utility owner to proceed with the solicitation of bids, but the utility owner will not be permitted to award the contract without the concurrence of district utilities staff. For lump sum agreements, approval of contract work and subcontract work is not required.&lt;br /&gt;
&lt;br /&gt;
The following documents need to be provided as soon as the utility owner has determined the lowest qualified contractor and would like to award the project. Document 1 must be supplied by all utility owners. Document 2 is only required when the utility owner is a local government agency who is also a political subdivision of the state of Missouri (e.g., city-owned utilities, county-owned utilities). All other utility owners are encouraged, but not required, to provide Document 2.&lt;br /&gt;
# The name address of the lowest qualified contractor.&lt;br /&gt;
# The tabulation of bids received and other information to support their recommendation for award to the lowest qualified bidder.&lt;br /&gt;
&lt;br /&gt;
The district utilities staff will review and approve the utility owner&#039;s bid information prior to the award of the contract. The Design Liaison Engineer is available to assist the district with review of bid information if necessary. Once the district utilities staff provides concurrence, the utility owner may proceed with awarding the contract. When the utility owner is a local government agency who is also a political subdivision of the state of Missouri (e.g., city-owned utilities, county-owned utilities), a copy of the executed contract must be shared with the district utilities staff. All other utility owners are encouraged, but not required, to provide a copy of the executed contract.&lt;br /&gt;
&lt;br /&gt;
A [https://epg.modot.org/forms/general_forms/DE/UtilityConsultantContractChecklist.docx checklist is available for reviewing contracts] to ensure the contract conforms to MoDOT policy and complies with applicable federal regulations.&lt;br /&gt;
&lt;br /&gt;
When a utility owner chooses to utilize an existing continuing contract, the utility owner will submit a copy of the contract to the district utilities staff. The district utilities staff will review the contract for reasonableness of cost. If district utilities staff and the utility owner’s representative cannot agree on the reasonableness of cost, then the utility owner will be required to award a new construction contract.&lt;br /&gt;
&lt;br /&gt;
===643.2.16.3 Inspection===&lt;br /&gt;
The degree of inspection needed for utility adjustments will vary considerably with the nature and location of the work and whether the Commission is responsible for any portion of the cost of reimbursement. Judgment must be used regarding the manner and regularity of inspection duties. Some phases of the work require a very close check to ensure that the highway will not be adversely affected and to ensure satisfactory performance of work in accordance with the agreement and plans. The degree of inspection may vary from spot checking of overhead installations to continuous close observation of backfilling trenches beneath proposed pavement, embankment area, or adjacent to bridge abutments. Proper inspection can ensure that the utility adjustment is completed as efficiently as possible to minimize future impacts to the utility facility and the highway construction project. A [https://epg.modot.org/forms/general_files/DE/UtilityFieldInspectionChecklist.docx Field Inspection Checklist] to assist district utilities staff responsible for inspection is available.&lt;br /&gt;
&lt;br /&gt;
If it is found that any actual cost reimbursable utility adjustment is being performed by unapproved contractors, district utilities staff should direct the work to stop. The utility owner’s representative should be informed immediately and should be advised in writing that the costs incurred by an unapproved contractor are not eligible for reimbursement under provisions of the agreement. The district utilities staff can take appropriate steps to approve a subcontract and advise when the utility owner can recommence work.&lt;br /&gt;
&lt;br /&gt;
===643.2.16.4 Documentation===&lt;br /&gt;
All documents related to the construction of the utility adjustment necessary to allow highway construction should be stored in MoProjects.&lt;br /&gt;
&lt;br /&gt;
Construction records must be kept to confirm that work is done in accordance with the terms of the agreement and in the manner proposed in the plans. The importance of a complete and accurate record cannot be overemphasized. Detailed records are necessary to support the recommendation for payment of the final invoice. A complete, separate daily record must be kept on each actual cost adjustment and submitted for review when the final invoice is recommended for payment. This district utilities staff responsible for inspection should complete the Daily Utility Report (C-9).&lt;br /&gt;
&lt;br /&gt;
====643.2.16.4.1 Utility Reports====&lt;br /&gt;
The Daily Utility Report ([https://epg.modot.org/forms/general_files/DE/C-9.docx Form C-9]) and the Final Utility Report ([https://epg.modot.org/forms/general_files/DE/C-13.docx Form C-13]) are used for documenting utility adjustments necessary to allow highway construction. The use of C-9s and C-13s will vary with method of reimbursement. For utility adjustments necessary to allow highway construction that overlap with the highway contractor’s work, progress records should be kept as necessary to coordinate the highway and utility construction activities. Sufficient records must be maintained to check and verify the items of labor, equipment, materials, and salvaged items as submitted on the final invoice.&lt;br /&gt;
&lt;br /&gt;
=====643.2.16.4.1.1 Daily Utility Report (C-9)=====&lt;br /&gt;
C-9s are only required for actual cost agreements. The district utilities staff responsible for inspection must in all cases keep records to document inclement weather, down time, and verbal authorization for minor changes. The district utilities staff responsible for inspection must complete a C-9 documenting the number and classification of employees and number of hours worked. Records of material used and of retired materials returned to stock or scrapped must be kept. The utility owner’s major items of equipment must also be recorded. When work is done by the contract method based on unit prices, the district utilities staff responsible for inspection should ascertain that units of work as provided in the bid proposal are measured and recorded to form a basis for checking the final invoice. C-9s should list the location and the number of units of work accomplished for that period. If contract labor or equipment is used by a utility owner on the basis of a bid per hour, per day, etc., it will be necessary to keep records on this labor or equipment time in the same manner as if the utility owner were performing the work with its own internal forces. District utilities staff responsible for inspection should also note all contractors working for the utility owner and the contractor approval authorization dates given in the agreement.&lt;br /&gt;
&lt;br /&gt;
=====643.2.16.4.1.2 Final Utility Report (C-13)=====&lt;br /&gt;
C-13s summarize that the utility adjustment work that was done in accordance with the agreement and plans, the percentage of total cost that is the responsibility of the Commission, and any progress payments that have been made. A C-13 is required for both actual cost and lump sum agreements. The requested numbers shown on line 9 (Commission Estimated Cost) and line 10 (Amount of Final Bill) in the report are the Commission’s total responsibility.&lt;br /&gt;
&lt;br /&gt;
====643.2.16.4.2 Breakdown and Emergency====&lt;br /&gt;
When breakdown and emergency situations occur, prior approval by MoDOT is not required for contract or equipment rental work unless the cost or period of time will be extensive. The utility owner should furnish a letter as soon as possible to explain the situation and set out the estimated costs involved. The district utilities staff’s records should substantiate the need and the changes for personnel and equipment.&lt;br /&gt;
&lt;br /&gt;
====643.2.16.4.3 Stop Work====&lt;br /&gt;
If at any point, a stop work order is given by MoDOT to a utility owner, written documentation of the stop work order should be saved in MoProjects.&lt;br /&gt;
&lt;br /&gt;
===643.2.16.5 Change Orders===&lt;br /&gt;
Any change in the plan of adjustment should be documented in writing to the utility owner as a change order. If the change order is anticipated to exceed $100,000 or 15% of the original agreement amount, district utilities staff should negotiate a supplemental agreement with the utility owner’s representative. Once a supplemental agreement is in place, district utilities staff should contact Financial Services to obtain an adjustment of the obligation mid-project. Change orders without supplemental agreements will be settled once the project is complete.&lt;br /&gt;
&lt;br /&gt;
====643.2.16.5.1 Actual Cost Agreement====&lt;br /&gt;
Slight modifications in quantities or the addition of minor items not included with the original agreement do not require a supplemental agreement. However, such changes should be documented in writing with the utility owner. A supplemental agreement is needed if costs exceed the above threshold or if there is a change in the percentage of cost that is the Commission’s responsibility on an agreement with shared responsibility for costs. Intermediate partial payments cannot be made on items in a supplemental agreement until the supplemental agreement is approved.&lt;br /&gt;
&lt;br /&gt;
====643.2.16.5.2 Lump Sum Agreement====&lt;br /&gt;
A supplemental agreement to a Lump Sum Agreement is only required for significant changes in the scope of work of the utility adjustment necessary to allow highway construction. Normal overruns are not considered as changes in approved work and will not be reimbursed. Significant changes in the scope of work on utility adjustments necessary to allow highway construction cannot be done until the supplemental agreement is approved, and the adjustment in obligation of funds is complete.&lt;br /&gt;
&lt;br /&gt;
==643.2.17 Utilities during Highway Construction==&lt;br /&gt;
The contractor is responsible for having utilities located by contacting Missouri One-Call (811) prior to any excavation on the project. A reminder of this responsibility should be made at the preconstruction meeting.&lt;br /&gt;
&lt;br /&gt;
===643.2.17.1 Preconstruction Meeting (Pre-Con)===&lt;br /&gt;
District utilities staff should be invited to all pre-cons.&lt;br /&gt;
&lt;br /&gt;
Pre-cons fall into three categories relating to utilities:&lt;br /&gt;
# No utility adjustments are anticipated within the project limits,&lt;br /&gt;
# All utility adjustments completed prior to the pre-con, and&lt;br /&gt;
# All utility adjustments not completed prior to the pre-con.&lt;br /&gt;
&lt;br /&gt;
====643.2.17.1.1 No Utility Adjustments Anticipated within the Project Limits====&lt;br /&gt;
For projects without a Utility Job Special Provision (JSP), no involvement of the utility owners is required at the pre-con. For projects with a Utility JSP, the Resident Engineer (RE) should invite all utility owner representatives listed in the JSP with known required adjustment to the pre-con. The RE should review potential impacts of the highway construction project with the contractor and the utility owner.&lt;br /&gt;
&lt;br /&gt;
====643.2.17.1.2 All Utility Adjustments Completed Prior to the Pre-Con====&lt;br /&gt;
The RE should invite all utility owner representatives listed in the JSP with known required adjustment to the pre-con. The RE should review potential impacts of the highway construction project with the contractor and the utility owner. A general discussion should highlight the previous adjustments made by the utility owner and what abandoned utility facilities the contractor may encounter.&lt;br /&gt;
&lt;br /&gt;
====643.2.17.1.3 All Utility Adjustments Not Completed Prior to the Pre-Con====&lt;br /&gt;
It is important for the RE and inspector to understand the utility owner’s work schedule and how it relates to the contractor’s work schedule. During the pre-con, the schedule of the utility owner and highway construction contractor should be discussed, and conflicts should be addressed to allow utility adjustments and highway construction to progress as near to the proposed schedule as possible. On large-scale projects that have many utility issues to address that could impact the work of the highway construction contractor, it may be necessary to have a separate pre-con with utility owner representatives.&lt;br /&gt;
&lt;br /&gt;
===643.2.17.2 Coordination Meetings===&lt;br /&gt;
When the utility work will not be completed soon after the preconstruction meeting, the RE should meet with district utilities staff, the highway construction contractor, and the utility owner representatives on a regular basis to discuss utility coordination issues, so expectations from all parties are known and conveyed clearly. The utility owner may need some work performed by MoDOT or the highway construction contractor prior to completing their adjustments. (Examples include: survey staking of right of way or proposed facilities, trees cleared, grading performed, or new structures built).&lt;br /&gt;
&lt;br /&gt;
==643.2.18 Service Drops==&lt;br /&gt;
Power and communication services provided by utility owners are necessary for the operation of the highway system. These services may include power to traffic signals, lighting, or ITS devices; power for cathodic protection; or telecommunication services to signal controllers or ITS devices. The project design teams should work with district utilities staff to identify proper locations for the applicable utility owners to provide these services. Various utility owners have different requirements for this process. The district utilities staff is encouraged to develop a workable relationship with the utility owners who provide these services to MoDOT. The costs of installing the services charged by the utility owner are considered a non-contractual item and should be accounted for in the project’s budget in the STIP. The proposed location and method for the service drops should be shown on the roadway plans. District utilities staff should meet with the utility owner’s representative to ensure the proposed location can be accommodated by the utility owner. For electrical service connections, the power supply assembly is ideally located a maximum of ten feet (10’) from the source location. Plans submitted for PS&amp;amp;E should reflect the agreed upon location for all service connections. During construction, district utilities staff and district construction staff should work together to ensure the placement of the services is consistent with the project plans. Payment for the service drops should be invoiced by the utility owner to the district. District utilities staff is responsible for submission of the invoice directly to Financial Services for payment noting the non-contractual charges for the project.&lt;br /&gt;
&lt;br /&gt;
==643.2.19 Buy America Build America for Utilities==&lt;br /&gt;
FHWA’s Buy America Build America (BABA) policies require a domestic manufacturing process for all steel or iron products, other construction materials, and manufactured products that are permanently incorporated into Federal-Aid Highway construction projects, including products and materials used for adjustments to utility facilities to allow highway construction. These guidelines are for all federally reimbursable transportation projects where FHWA is the lead federal agency; it does not take precedence over projects where Federal Transit Administration or the Federal Railroad Administration is deemed the be the lead federal agency.&lt;br /&gt;
&lt;br /&gt;
===643.2.19.1 Program Requirements for Utilities===&lt;br /&gt;
All MoDOT projects are federal-aid projects, and therefore, all reimbursable utility adjustments are required to follow the provisions of BABA. More information on MoDOT’s BABA policy and procedures can be found in [[106.9_Buy_America_Requirement|EPG 106.9 Buy America Requirement]]. Specifically, utility owners should be aware of the following procedures for determining applicability of the EPG 106.9 requirements to reimbursable utility adjustments necessary to allow highway construction:&lt;br /&gt;
* BABA does not apply when materials are relocated from one location to another within the project limits.&lt;br /&gt;
* BABA does not apply for materials necessary for temporary utility adjustments assuming materials are removed from the right of way upon completion of the utility adjustment to allow highway construction.&lt;br /&gt;
* Non-reimbursable work must be kept separate from reimbursable work (agreements, permits, etc.) in order to not be subject to BABA.&lt;br /&gt;
&lt;br /&gt;
===643.2.19.2 Certification Requirements for Utilities===&lt;br /&gt;
Utility owners have the option of choosing either to self-certify BABA compliance or provide vendor/manufacturer certification to MoDOT. The method of certification is chosen by the utility owner and is documented in either the MRUA or the project specific agreement. Regardless of agreement type or certification method, the utility owner must be compliant with BABA requirements.&lt;br /&gt;
&lt;br /&gt;
====643.2.19.2.1 BABA Utility Owner Self-Certification====&lt;br /&gt;
If a utility owner chooses to self-certify BABA compliance, the utility owner is not required to provide MoDOT copies of the supplier certification as part of the project documentation or with the final invoice for any reimbursable utility adjustment necessary to allow highway construction. Retention of all documents should be as described in the agreement.&lt;br /&gt;
&lt;br /&gt;
====643.2.19.2.2 BABA Vendor/Manufacturer Certification====&lt;br /&gt;
If a utility owner chooses to use vendor/manufacturer certification, the utility owner will supply MoDOT BABA compliance from all vendors and/or manufacturers. Certification from vendors will be signed by an authorized representative of the vendor on company letterhead or other acceptable documentation and will declare that all supplied materials subject to BABA requirements are fully compliant. Certification from iron or steel manufacturers must be in the form of a mill test report (MTF) issued and signed by the initial fabricator stating the materials subject to BABA were melted and manufactured in the United States. Other written statements on company letter or other acceptable documentation signed by an authorized representative of the manufacturer for any additional treatment to the fabricated material (such as blasting, galvanizing, painting, or coating) will state that all treatment processes occurred in the United States according to FWA guidelines. Retention of all documents should be as described in the agreement. Manufacturer certification for manufactured products or construction materials will state that all materials were sourced from the United States and were fabricated in the United States. Retention of all documents should be as described in the agreement.&lt;br /&gt;
&lt;br /&gt;
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&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643.4 Railroads (NO CHANGE) &#039;&#039;PAGE TITLE&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;&lt;br /&gt;
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==236.5.12 Excess Land Conveyances &amp;amp; Relinquishments - Utilities==&lt;br /&gt;
All conveyances and relinquishments of Commission-owned property shall be evaluated for the existence of any utility facilities located within the areas to be conveyed or relinquished. A conveyance or relinquishment of Commission-owned property may have implications to the utility facilities, and the utility owners, when the Commission no longer controls the property. It is important to maintain the continuity of utility facilities for the general public; therefore, to identify and minimize potential impacts, MoDOT shall involve utility owners in the conveyance and relinquishment processes.&lt;br /&gt;
&lt;br /&gt;
===236.5.12.1 Excess Land Conveyances Utilities===&lt;br /&gt;
MoDOT shall only recommend that a property be declared excess upon satisfactorily addressing the utility impacts. Whether MoDOT or an external party initiates the conveyance of excess property, utility impacts shall be adequately addressed by using one of the following methods: &lt;br /&gt;
:1. Each utility facility will be relocated by permit into a new utility corridor retained by the Commission.&lt;br /&gt;
:2. Each utility facility will remain in place with the benefit of a non-exclusive permanent utility easement.&lt;br /&gt;
::&#039;&#039;If the Commission holds fee simple title to the property, the Commission shall convey a non-exclusive permanent utility easement to each utility owner&#039;&#039;.&lt;br /&gt;
::&#039;&#039;If the Commission holds a less than fee simple title interest in the property, MoDOT shall facilitate the conveyance of a non-exclusive permanent utility easement from the party acquiring the property to each utility owner&#039;&#039;.&lt;br /&gt;
:3. Each utility facility will be relocated to another portion of the property being conveyed.&lt;br /&gt;
::&#039;&#039;If the Commission holds fee simple title to the property, the Commission shall convey a non-exclusive permanent utility easement to each utility owner&#039;&#039;. &lt;br /&gt;
::&#039;&#039;If the Commission holds a less than fee simple title interest in the property, MoDOT shall facilitate the conveyance of a non-exclusive permanent utility easement from the party acquiring the property to each utility owner&#039;&#039;.&lt;br /&gt;
:4. Each utility facility will be relocated onto a portion of the property already owned by the party acquiring the Commission-owned property, with the benefit of a non-exclusive permanent easement. (MoDOT shall facilitate the conveyance of a non-exclusive permanent utility easement from the party acquiring the property to each utility owner.)&lt;br /&gt;
:5. A three-party negotiated settlement taking into consideration the overall value of the proposed transaction.&lt;br /&gt;
:6. Additional options to address utility impacts may be utilized with approval from the Asst. to the State Design Engineer - Right of Way.&lt;br /&gt;
&lt;br /&gt;
===236.5.12.2 Road Relinquishment Utilities===&lt;br /&gt;
MoDOT shall only recommend the relinquishment of roadways through the [[236.14 Change in Route Status Report|Change in Route Status Report]] upon satisfactorily addressing the impacts to utility facilities. If the roadway will be relinquished to a local public transportation authority, with the intent that it continues to be used as a public roadway, a clause similar to the following shall be included in the deed from the Commission to the local public transportation authority:&lt;br /&gt;
:&#039;&#039;&amp;quot;Grantee, by acceptance of this conveyance, covenants and agrees for itself, its successors and assigns, to allow known or unknown utility facilities currently located on the property, whether of record or not, to remain on the property, and to grant the current and subsequent owners of those facilities the right to maintain, construct and reconstruct the facilities and their appurtenances over, under, and across the land herein conveyed, along with the right of ingress and egress across the land herein conveyed to and from those utilities.&amp;quot;&#039;&#039; &lt;br /&gt;
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Proposed roadway relinquishments to private entities shall be reviewed in a manner consistent with the conveyance of excess property described in [[236.5 Property Management#236.5.3 Asset Management Committee|EPG 236.5.3 Asset Management Committee]].&lt;/div&gt;</summary>
		<author><name>Hoskir</name></author>
	</entry>
	<entry>
		<id>https://epg.modot.org/index.php?title=User:Hoskir/Revision_Request_4225&amp;diff=58903</id>
		<title>User:Hoskir/Revision Request 4225</title>
		<link rel="alternate" type="text/html" href="https://epg.modot.org/index.php?title=User:Hoskir/Revision_Request_4225&amp;diff=58903"/>
		<updated>2026-06-26T12:51:19Z</updated>

		<summary type="html">&lt;p&gt;Hoskir: /* 643.1.7.3 Exception */&lt;/p&gt;
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&lt;div&gt;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643 Utility Procedures  &#039;&#039;CATEGORY&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt; &lt;br /&gt;
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| &#039;&#039;&#039;&amp;lt;center&amp;gt;&amp;lt;u&amp;gt;Additional Resources&amp;lt;/u&amp;gt;&amp;lt;/center&amp;gt;&#039;&#039;&#039;&lt;br /&gt;
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| ● [https://www.ecfr.gov/current/title-23/chapter-I/subchapter-G/part-64523 CFR 645]&lt;br /&gt;
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| ● [https://www.sos.mo.gov/cmsimages/adrules/csr/current/7csr/7c10-3.pdf7 CSR 10-30]&lt;br /&gt;
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&#039;&#039;&#039;Utility Accommodation Policy:&#039;&#039;&#039; State DOTs are required to develop policies and procedures pertaining to the use, accommodation, and/or relocation of public and private utility facilities on highway rights-of way using Federal-aid highway funds. State DOTs are required to develop, maintain, and obtain FHWA approval of their Utility Accommodation Policy (UAP) (23 CFR section 645.215). This EPG article 643 and subarticles 643.1 through 643.3 are Missouri Department of Transportation (MoDOT)’s Utility Accommodation Policy. Text in EPG 643 consolidates various federal and state statutes and rules into a single, cohesive, workable policy to outline processes for MoDOT staff and utility owners.&lt;br /&gt;
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&#039;&#039;&#039;Delegation of Work:&#039;&#039;&#039; Each MoDOT district is responsible for ensuring implementation of the UAP outlined in the subsequent EPG articles. Each district can create its own organization for whom is responsible for the work including between divisions and job titles. Work responsibilities within this article and subarticles are generic where possible. If a specific title is included, that title has sole responsibility for that item of work.&lt;br /&gt;
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&#039;&#039;&#039;643 documents not being used&#039;&#039;&#039;&lt;br /&gt;
[[media:144 Major Highway System 2022.pdf|major routes]]&lt;br /&gt;
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&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643.1 Utility Location  &#039;&#039;PAGE TITLE&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt; &lt;br /&gt;
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The information in this article provides a uniform system for regulating the location, construction, maintenance, removal, and relocation of utility facilities on the right of way of roadways located on the state highway system. It also provides for the facilitation of construction and maintenance of these roadways. Any location or relocation of utility facilities contrary to this information is an interference with the construction, maintenance, or operation of a state highway and its right of way and is prohibited.&lt;br /&gt;
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==643.1.1 Permits==&lt;br /&gt;
All utility owners are required to obtain a permit to work on Missouri Highway and Transportation Commission (Commission) right of way. A permit is required for original installation of the utility facility, on-going maintenance of the utility facility, or adjustments to a utility facility necessary to allow highway construction. Per [[127.29_Stormwater#127.29.4.3_MCM_3:_Illicit_Discharge_Detection_and_Elimination_(IDDE)_Program|EPG 127.29.4.3]], discharges of anything other than stormwater are not permitted. A deposit or bond is required to ensure completion of the work in accordance with the permit issued. An [https://www.modot.org/permits application for a permit] may be made on established forms specifically stating the nature of the work to be performed. Applications for permits may be obtained at any of the [https://www.modot.mo.gov/ seven (7) district highway offices] of the Commission, [https://www.modot.mo.gov/ MoDOT&#039;s website], or by requesting it from the office of the Missouri Highways and Transportation Commission in Jefferson City, Missouri. The application for a permit will specifically state the nature of the work to be performed, what specific type of utility facility is to be installed, and, if necessary, the timeframe of any temporary use. Piping of any type of sewage or waste will only be allowed providing any permitting by a regulatory agency, such as Missouri Department of Natural Resources, can be provided. Prior to obtaining a permit through MoDOT’s permit system, a utility owner will be required to provide a bond to ensure satisfactory work and complete a TR50 Electronic Signature Agreement with the Commission. The name of the utility owner must match on the bond, TR50, and in the permit system. More information on permitting can be found in [[:Category:941_Permits_and_Access_Requests|EPG 941]].&lt;br /&gt;
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===643.1.1.1 Emergency Work===&lt;br /&gt;
When emergency operations work is necessary, the damaged utility facility may be accessed immediately and without a permit by leaving the pavement at such points as may be necessary to effect emergency repairs, provided immediate notice is given to the Missouri State Highway Patrol and the district utilities staff for the district wherein the work will be performed, and a permit for emergency operations is requested immediately upon discovery of the need for emergency operations. A permit for emergency operations work is to be obtained as soon as practical, but in no event later than two (2) working days after the emergency operations work has commenced. Emergency operations include, but are not limited to, unplanned work in response to utility facilities being so damaged as to constitute an emergency situation directly affecting or endangering traffic on the highway or public health or safety.&lt;br /&gt;
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===643.1.1.2 Third-Party Inspection===&lt;br /&gt;
When a utility owner has a large number of projects in a given area or projects involving great complexity, MoDOT reserves the right to limit the number of permits open at any given time. With approval of the district utilities staff, a utility owner may hire a third-party inspector, at their cost. The third-party inspector will allow the utility owner to increase the number of permits open at any given time. The responsibility of the third-party inspector will be to ensure the installation of the utility facility proceeds in a manner consistent with the plans approved in the permit, including all work zone requirements and conformity with MoDOT’s Standards and Specifications. The MoDOT approved third-party inspector will be listed in the permit. MoDOT may audit third-party inspections and revoke the right to use third-party inspections should the inspectors fail to perform their duties.&lt;br /&gt;
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===643.1.1.3 Abandoned Utility Facilities===&lt;br /&gt;
All utility facilities installed in Commission right of way are the property of the utility owner whether the utility facility is active or inactive. MoDOT may allow a utility facility to remain on Commission right of way whether the utility facility was abandoned for a MoDOT project or at the utility owner’s discretion. MoDOT may place requirements (such as removing inactive fiber optic cables, grouting pipes, removing valves) on the utility owner as part of the process of abandoning a utility facility. Liability for damage to Commission right of way due to an abandoned facility remains the responsibility of the utility owner. In the event MoDOT requires the removal of the abandoned utility facility, responsibility for the cost of the removal will be determined per [[#643.2.8_Cost_Responsibility|EPG 643.2.8]].&lt;br /&gt;
&lt;br /&gt;
==643.1.2 Definitions==&lt;br /&gt;
&#039;&#039;&#039;Bridge Attachment:&#039;&#039;&#039; A bridge attachment is any utility facility, including communication lines and electrical lines, or any other utility facility of a similar nature that is fastened to a bridge for the purpose of spanning an obstacle.&lt;br /&gt;
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&#039;&#039;&#039;Clear zone:&#039;&#039;&#039; The total roadside border area starting at the edge of the traveled way, available for safe use by errant vehicles. This area may consist of a shoulder, a recoverable slope, a non-recoverable slope, and/or the area at the toe of a non-recoverable slope available for safe use by an errant vehicle. Clear zone dimensions are provided in the current edition of American Association of State Highway Transportation Officials Roadside Design Guide.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Ditch Line:&#039;&#039;&#039; A line where the roadway ditch meets the back slope. It is located at the lowest point of a V-bottom ditch or furthest point from the roadway of a flat bottom ditch where the roadway slopes back to the existing ground line.&lt;br /&gt;
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&#039;&#039;&#039;Duct:&#039;&#039;&#039; An enclosed tubular casing, or raceway, for protecting wires, lines, or cables that is often flexible or semi-rigid (1-3% diametric deflection). The casing, or raceway, is separate from the cable or conductor that passes through it.&lt;br /&gt;
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&#039;&#039;&#039;Encasement:&#039;&#039;&#039; The term encasement means the placing of an installation around and outside of an underground facility consisting of a larger conduit that permits the removal and replacement of the facility. An alternate to the conduit type encasement is reinforced concrete poured around the utility facility. Utility owners are allowed to use any types of material as a carrier and encasement for its facilities as expressly provided for in the permit issued for the installation of the utility facility.&lt;br /&gt;
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&#039;&#039;&#039;Freeway:&#039;&#039;&#039; A divided arterial highway with full control of access.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Highway:&#039;&#039;&#039; Any public way for vehicular travel, including the entire area within the right of way and related facilities constructed or improved and maintained by the Missouri Highways and Transportation Commission (MHTC) acting through the Missouri Department of Transportation (MoDOT).&lt;br /&gt;
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&#039;&#039;&#039;Interchange Limits:&#039;&#039;&#039; For the uniform handling of utility installations only, the limits of an interchange are the outside ramp curve points. See [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_1_TypicalInterchangeLimits_AOD.pdf EPG Figure 643.1.1] for an example.&lt;br /&gt;
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&#039;&#039;&#039;Interstate System or Other Freeways/Expressways:&#039;&#039;&#039; Interstate highways and highways with fully controlled access.&lt;br /&gt;
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&#039;&#039;&#039;Major Routes (Interstates, Freeways/Expressways and Principal Arterials):&#039;&#039;&#039; The major highway system is all routes functionally classified as principal arterials. The principal arterial system provides for statewide or interstate movement of traffic. The major roads in Missouri total approximately 5,500 centerline miles.&lt;br /&gt;
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&#039;&#039;&#039;Minor Routes:&#039;&#039;&#039; The minor highway system is all routes functionally classified as minor arterials or collectors. These routes mainly serve local transportation needs. The minor roads in Missouri total approximately 28,400 centerline miles.&lt;br /&gt;
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&#039;&#039;&#039;Normal Right of Way Line:&#039;&#039;&#039; An imaginary line that connects sudden breaks in the major right of way points for roadways. Sight distance right of way points (triangles) at roadway intersections are not to be considered as sudden breaks for determining normal right of way.&lt;br /&gt;
[[File:fig_643.1.2-06_2026.jpg|none|700px|thumb|Figure 643.1.2 Normal Right of Way Line.]]&lt;br /&gt;
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&#039;&#039;&#039;Private Lines:&#039;&#039;&#039; Privately owned utility facilities which convey or transmit the commodities outlined in the definition of utility facility of this section but devoted exclusively to private use.&lt;br /&gt;
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&#039;&#039;&#039;Scenic Enhancement Areas:&#039;&#039;&#039; Scenic enhancement areas include areas acquired or so designated as scenic strips, overlooks, rest areas, recreation areas, and the right of way of adjacent roadways and the right of way of roadways that pass through public parks and historic sites as described under 23 USC 138.&lt;br /&gt;
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&#039;&#039;&#039;Utility Corridor:&#039;&#039;&#039; An area established for the placement of utility facilities parallel to the normal right of way line.&lt;br /&gt;
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&#039;&#039;&#039;Utility Facility:&#039;&#039;&#039; Privately, publicly, or cooperatively owned line, facility, or system for producing, transmitting, or distributing communications, cable television, power, electricity, light, heat, gas, oil, crude products, water, steam, waste, storm water not connected with highway drainage or any other similar commodity, including any fire or police signal system or street lighting system which directly or indirectly serves the public and does not include privately owned facilities devoted exclusively to private use. The term &amp;quot;utility facility&amp;quot; includes those facilities used solely by the utility owner that are a part of its operating plant.&lt;br /&gt;
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&#039;&#039;&#039;Utility Owner:&#039;&#039;&#039; The utility owner is the utility company, inclusive of any wholly owned or controlled subsidiary, or city or county which owns utility facilities. The term also includes those government agencies that lease a utility facility for its own use or otherwise dedicated solely to governmental use.&lt;br /&gt;
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&#039;&#039;&#039;Variance:&#039;&#039;&#039; A one- (1-) time deviation from the requirements for location or relocation of utility facilities on the right of way of highways in the state highway system as established in [https://www.sos.mo.gov/cmsimages/adrules/csr/current/7csr/7c10-3.pdf Title 7 Code of State Regulations 10-3], requested by the utility, and approved by a MoDOT District Design Engineer.&lt;br /&gt;
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==643.1.3 Location of Utility Facilities==&lt;br /&gt;
Utility facilities paralleling the roadway should be installed in the utility corridor except as outlined below. The utility corridor is the space for all utility owners generally within six feet (6’) of the normal right of way line. When considering if the current utility corridor is available to expand from six feet (6’) to as much as twelve feet (12’), MoDOT determines if the expansion is warranted. In making the determination, MoDOT will consider the existing utilization of the original six feet (6’) corridor. Poles must remain within two feet (2’) of the normal right of way line unless approved by a variance. The utility corridor will only be expanded beyond six feet (6’) if the original six feet (6’) corridor is fully utilized and additional space would be required to accommodate additional utility facilities. Acquisition of additional right of way to establish a twelve feet (12’) corridor is not required on highway construction projects. For depths for underground utility facilities, see [[#643.1.4.1_Minimum_Cover_for_Underground_Facilities|EPG 643.1.4.1]].&lt;br /&gt;
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Utility facilities crossing the roadway should be installed as close to ninety degrees (90°) to the centerline of the roadway as possible and based on the guidelines below depending on the type of roadway. See [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_3_TypicalUtilityCorridor-InterchangeatMajorRoute_AOD.pdf EPG Figure 643.1.3] and [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_4_TypicalUtilityCorridor-InterchangeatMinorRoute_AOD.pdf EPG Figure 643.1.4] for typical utility corridors around interchanges.&lt;br /&gt;
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===643.1.3.1 Interstate System or Other Major Freeways/Expressways===&lt;br /&gt;
The installation of all utility facilities on highways of the Interstate System or other major freeways/expressways with fully controlled access are to be installed, serviced, and maintained without entering or leaving the roadway and ramps except at points approved by MoDOT for that purpose and without parking any equipment or storing materials upon the medians, roadway and ramps, or shoulders of the roadways. Cutting or damaging the pavement or paved shoulders is not permitted. New service connections to existing parallel utility facilities are to be permitted only where an outer roadway exists and then only where access is permitted by the Commission. Careful consideration will be given to the location of guys, anchors, braces, and other supports. Generally, good design practice will provide that appurtenances be located at right of way jogs, along intersecting road right of way, or at other similar acceptable locations, so that encroachment is held to an absolute minimum.&lt;br /&gt;
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No utility facilities will be permitted within the interchange limits of an interchange between fully limited access highways where planned or existing. Utility facilities within the interchange limits of an interchange with a non-access controlled highway will be permitted only along the minor road, provided that all construction, service, and maintenance can be performed from the minor road. Manholes and poles must be located beyond the ramp termini.&lt;br /&gt;
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For structures carrying or over interstates or other major freeways/expressways, see [[#643.1.5_Bridge_Attachment_Policy|EPG 643.1.5]].&lt;br /&gt;
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====643.1.3.1.1 Utility Facilities Crossing the Interstate or Other Major Freeways/Expressways====&lt;br /&gt;
=====643.1.3.1.1.1 Overhead Crossings of the Interstate or Other Major Freeways/Expressways=====&lt;br /&gt;
Overhead crossings of utility facilities are permitted only for power transmission and distribution lines and for multiple circuit communication lines where an underground installation is not economically feasible. Supports for existing utility facilities crossing overhead may remain on the right of way provided they are near the right of way line regardless of the presence of an outer road. Supports for new overhead utility facilities crossing overhead may be located on the right of way near the right of way line where an outer roadway exists and are to be located off the right of way where no outer roadway exists. Overhead service crossings are only permitted in isolated cases for residential or commercial establishments when the denial of the crossing would require construction of more than 1,200 feet (1,200’) of utility line to provide the service. Main or distribution line crossings are required to serve a general area other than isolated cases.&lt;br /&gt;
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=====643.1.3.1.1.2 Underground Crossings of the Interstate or Other Major Freeways/Expressways=====&lt;br /&gt;
Underground crossings of utility facilities are to be continuously encased under the pavement, medians, ramps, and shoulders with the casing extending to the toe of the fill slopes or to the ditch line. In curbed sections, encasement should extend outside the outer curb of the roadways a distance equal to the depth of the encasement at the curb line. Where installed by open trench through unpaved areas, detector tape should be placed approximately one foot (1&#039;) above the encasement. Where an interstate or other major freeway has a parallel outer roadway, encasement should be continuous under all roadways within the right of way.&lt;br /&gt;
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Manholes or vent pipes are to be located at the right of way line or adjacent to the outer roadway.&lt;br /&gt;
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For fiber optic cable, encasement should extend from within six feet (6&#039;) of one right of way line to within six feet (6&#039;) of the other right of way line.&lt;br /&gt;
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Exceptions may be made for encasement as listed in [[#643.1.4.2_Exceptions_to_Encasement|EPG 643.1.4.2]].&lt;br /&gt;
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====643.1.3.1.2 Parallel Installations along the Interstate or Other Major Freeways/Expressways====&lt;br /&gt;
New parallel installations on the right of way may be permitted only where an outer roadway exists, provided that poles are within two feet (2&#039;) of the normal right of way line and underground utility facilities are within the utility corridor, and provided that the utility facility can be installed and maintained between the outer roadway and the right of way line. Existing overhead or underground utility facilities that parallel an existing roadway which will be incorporated into a completed highway as an outer roadway may remain in place if all maintenance and service can be performed from an outer roadway and the existing location does not interfere with construction, maintenance, or operation of the completed highway. If an existing parallel utility facility needs to be relocated so as to not interfere with the construction, maintenance, or operation of the completed interstate or other major freeway, poles may be located withing five feet (5’) of the right of way line.&lt;br /&gt;
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Underground utility facilities are expected to be buried within the utility corridor of sight distance triangles (SDTs) at roadway intersections unless granted a variance. Overhead utility facilities may be allowed to span intersecting roadways with SDTs provided the poles, or supports, are located outside the SDT.&lt;br /&gt;
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====643.1.3.1.3 Sanitary Sewers within the Right of Way of Interstates or Other Major Freeways/Expressways====&lt;br /&gt;
New installations of sanitary sewers should follow the applicable guidelines for either underground crossings or parallel installations as appropriate. Existing gravity trunk sanitary sewers should be considered individually and removed or left in place contingent upon its age, condition, feasibility of moving, and maintenance access. Encasement of existing trunk sewers left in place may be required for questionable condition, protection during construction, or heavy fills.&lt;br /&gt;
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Manholes should be relocated to the right of way lines or adjacent to an outer roadway.&lt;br /&gt;
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===643.1.3.2 Major Routes===&lt;br /&gt;
For structures carrying or over major routes, see [[#643.1.5_Bridge_Attachment_Policy|EPG 643.1.5]].&lt;br /&gt;
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====643.1.3.2.1 Major Routes with Partially Controlled Access Right of Way====&lt;br /&gt;
The installation of all utility facilities on highways with partially controlled access right of way are to be installed, serviced, and maintained without entering or leaving the roadway and ramps except at points approved by MoDOT for that purpose and without parking any equipment or storing materials upon the medians, roadway and ramps, or shoulders of the roadways. Cutting or damaging the pavement or paved shoulders is not permitted. Equipment or materials stored within the right of way must be protected by longitudinal barrier or be located outside the clear zone. New service connections to existing parallel utility facilities are to be permitted only where granted by the Commission.&lt;br /&gt;
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No utility facilities will be permitted within the interchange limits of an interchange between fully limited access highways where planned or existing. Utility facilities within the interchange limits of an interchange with a non-access controlled highway will be permitted only along the minor road, provided that all construction, service, and maintenance can be performed from the minor road. Manholes and poles must be located beyond the ramp termini.&lt;br /&gt;
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====643.1.3.2.2 Major Routes with Normal Access Right of Way====&lt;br /&gt;
All new utility facilities will be installed and maintained without cutting or damaging the pavement or paved shoulders except in the event underlying rock formations or other obstructions are encountered that prevent boring or pushing operations. A variance may be granted for pavement cuts when the need is established. Pavement cuts may only be made by permits issued when it is impractical to otherwise service and maintain the facility. The installation of all utility facilities is to be installed without parking any equipment or storing materials upon the medians, roadway and ramps, or shoulders of the roadways. Equipment or materials stored within the right of way must be protected by longitudinal barrier or be located outside the clear zone.&lt;br /&gt;
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====643.1.3.2.3 Utility Facilities Crossing Major Routes====&lt;br /&gt;
=====643.1.3.2.3.1 Overhead Crossings of Major Routes=====&lt;br /&gt;
Supports for utility facilities crossing overhead should be located as near the right of way line as possible. For major routes with controlled access right of way, new overhead service crossings may be permitted in isolated cases for residential or commercial establishments where the denial of such crossings would require the construction of more than 1,200 feet (1,200’) of utility line to provide the same service. For major routes with normal access right of way, there is no restriction on the placement of service crossings.&lt;br /&gt;
&lt;br /&gt;
=====643.1.3.2.3.2 Underground Crossings of Major Routes=====&lt;br /&gt;
Underground crossings of utility facilities are to be continuously encased under the pavement, medians, ramps, and shoulders with the casing extending to the toe of the fill slopes or to the ditch line. In curbed sections, encasement should extend outside the outer curb of the roadways a distance equal to the depth of the encasement at the curb line. Where installed by open trench through unpaved areas, detector tape should be placed approximately one foot (1&#039;) above the encasement. Where a major route has a parallel outer roadway, encasement should be continuous under all roadways within the right of way.&lt;br /&gt;
&lt;br /&gt;
Manholes or vent pipes are to be located at the right of way line or adjacent to the outer roadway.&lt;br /&gt;
&lt;br /&gt;
For fiber optic cable, encasement should extend from within six feet (6&#039;) of one right of way line to within six feet (6&#039;) of the other right of way line.&lt;br /&gt;
&lt;br /&gt;
Exceptions may be made for encasement as listed in [[#643.1.4.2_Exceptions_to_Encasement|EPG 643.1.4.2]].&lt;br /&gt;
&lt;br /&gt;
====643.1.3.2.4 Parallel Installations along Major Routes====&lt;br /&gt;
New parallel installations on the right of way may be permitted provided that poles are within two feet (2&#039;) of the normal right of way line and underground utility facilities are within the utility corridor. Existing overhead or underground utility facilities that parallel an existing roadway which will be incorporated into a completed highway may remain in place if all maintenance and service can be performed without entering or leaving the roadway except at approved access points; without parking equipment or storing materials on the median, pavement, ramps, or shoulders; and the existing location does not interfere with construction, maintenance, or operation of the completed highway. If an existing parallel utility facility needs to be relocated so as to not interfere with the construction, maintenance, or operation of the completed highway, poles may be located withing five feet (5’) of the right of way line.&lt;br /&gt;
&lt;br /&gt;
Existing steel pipe transmission and distribution facilities for gaseous petroleum products that parallel an existing roadway that will be incorporated into the completed roadway may be left in place subject to an agreement by the utility owner that maintenance or service and facility expansion will be performed without cutting or damaging the pavement or interfering with the construction, maintenance, and operation of the highway and provided that the facility is cathodically protected against corrosion and meets the applicable material requirements.&lt;br /&gt;
&lt;br /&gt;
Underground utility facilities are expected to be buried within the utility corridor of sight distance triangles (SDTs) at roadway intersections unless granted a variance. Overhead utility facilities may be allowed to span intersecting roadways with SDTs provided the poles, or supports, are located outside the SDT.&lt;br /&gt;
&lt;br /&gt;
====643.1.3.2.5 Sanitary Sewers within the Right of Way of Major Routes====&lt;br /&gt;
New installations of sanitary sewers should follow the applicable guidelines for either underground crossings or parallel installations as appropriate. An existing gravity trunk sanitary sewer should be considered individually and removed or left in place contingent upon its age, condition, feasibility of moving, and maintenance access. If an existing parallel gravity main is left in place within the limits of the paved surface, paved shoulder lines, or curb lines, stub mains as required will be laid between the sewer main and curb or shoulder lines for future service connections in each block. Manholes should be relocated outside the traveled roadway as near the right of way line as practical.&lt;br /&gt;
&lt;br /&gt;
===643.1.3.3 Minor Routes===&lt;br /&gt;
For structures carrying or over minor routes, see [[#643.1.5_Bridge_Attachment_Policy|EPG 643.1.5]].&lt;br /&gt;
&lt;br /&gt;
====643.1.3.3.1 Utility Facilities Crossing Minor Routes====&lt;br /&gt;
=====643.1.3.3.1.1 Overhead Crossings of Minor Routes=====&lt;br /&gt;
Existing overhead crossings that interfere with construction, maintenance, or operation should be relocated with their supports as near the right of way line as is practical. New overhead crossing installations should be located with their supports as near the right of way line as is practical.&lt;br /&gt;
&lt;br /&gt;
=====643.1.3.3.1.2 Underground Crossings of Minor Routes=====&lt;br /&gt;
All new utility facilities should be installed and maintained without cutting or damaging the pavement or paved shoulders. A variance may be granted for pavement cuts when servicing and maintaining the facility by any other methods is impractical. Pavement cuts may only be made by permits issued. Underground crossings of utility facilities are to be continuously encased under the pavement, medians, ramps, and shoulders with the casing extending to the toe of the fill slopes or to the ditch line. In curbed sections, encasement should extend outside the outer curb of the roadways a distance equal to the depth of the encasement at the curb line. Where installed by open trench through unpaved areas, detector tape should be placed approximately one foot (1&#039;) above the encasement.&lt;br /&gt;
&lt;br /&gt;
Manholes or vent pipes are to be located at the right of way line or adjacent to the outer roadway.&lt;br /&gt;
&lt;br /&gt;
For fiber optic cable, encasement should extend from within six feet (6&#039;) of one right of way line to within six feet (6&#039;) of the other right of way line.&lt;br /&gt;
&lt;br /&gt;
Exceptions may be made for encasement as listed in [[#643.1.4.2_Exceptions_to_Encasement|EPG 643.1.4.2]].&lt;br /&gt;
&lt;br /&gt;
====643.1.3.3.2 Parallel Installations along Minor Routes====&lt;br /&gt;
New parallel installations on the right of way may be permitted provided that poles are within two feet (2&#039;) of the normal right of way line and underground utility facilities are within the utility corridor. Existing overhead or underground utility facilities that parallel an existing roadway which will be incorporated into a completed highway may remain in place if all maintenance and service can be performed without entering or leaving the roadway except at approved access points; without parking equipment or storing materials on the median, pavement, ramps, or shoulders; and the existing location does not interfere with construction, maintenance, or operation of the completed highway. If an existing parallel utility facility needs to be relocated so as to not interfere with the construction, maintenance, or operation of the completed highway, poles may be located within five feet (5’) of the right of way line.&lt;br /&gt;
&lt;br /&gt;
Underground utility facilities are expected to be buried within the utility corridor of sight distance triangles (SDTs) at roadway intersections unless granted a variance. Overhead utility facilities may be allowed to span intersecting roadways with SDTs provided the poles, or supports, are located outside the SDT.&lt;br /&gt;
&lt;br /&gt;
====643.1.3.3.3 Sanitary Sewers within the Right of Way of Minor Routes====&lt;br /&gt;
New installations of sanitary sewers should follow the applicable guidelines for either underground crossings or parallel installations as appropriate. An existing gravity trunk sanitary sewer should be considered individually and removed or left in place contingent upon its age, condition, feasibility of moving, and maintenance access. If an existing parallel gravity main is left in place within the limits of the paved surface, paved shoulder lines, or curb lines, stub mains as required will be laid between the sewer main and curb or shoulder lines for future service connections in each block. Manholes should be relocated outside the traveled roadway.&lt;br /&gt;
&lt;br /&gt;
===643.1.3.4 Roundabouts===&lt;br /&gt;
Regardless of roadway type, it is desirable to avoid locating utility facilities and their access points within the circulatory roadway. If possible, utility facilities are located in the legs of the roundabout to allow for future maintenance and access at an isolated leg versus affecting the entire roundabout. See [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_5_TypicalLocationofUtilityFacilitiesnearRoundabouts_AOD.pdf EPG Figure 643.1.5] for an example.&lt;br /&gt;
&lt;br /&gt;
===643.1.3.5 Utility Facilities in Scenic Enhancement Areas===&lt;br /&gt;
All existing utility facilities within the limits of a scenic enhancement area requiring adjustment because of construction or reconstruction will be placed underground or relocated beyond the limits of the scenic enhancement area. No new above ground facilities will be permitted. New underground facilities will be permitted provided they do not extensively alter or impair the appearance of the area.&lt;br /&gt;
&lt;br /&gt;
==643.1.4 Installation of Utility Facilities==&lt;br /&gt;
The following sections provide information on the physical installation of utility facilities within highway right of way.&lt;br /&gt;
&lt;br /&gt;
===643.1.4.1 Minimum Cover for Underground Facilities===&lt;br /&gt;
The minimum cover for new underground utilities is:&lt;br /&gt;
* Forty-two inches (42”) for all water lines (parallel and crossings).&lt;br /&gt;
* Forty-two inches (42”) for fiber optic cable (crossings encased in rigid conduit).&lt;br /&gt;
* Seventy-two inches (72”) for fiber optic cable (crossings encased in polyethylene (PE) pipe).&lt;br /&gt;
* Thirty inches (30”) for direct burial and in trench fiber optic cable (parallel).&lt;br /&gt;
* Twenty-four inches (24”) for all other direct burial copper or coaxial cable, (parallel).&lt;br /&gt;
* Seventy-two inches (72”) for uncased polyethylene (PE) gas pipe crossings under ditches and roadways but thirty inches (30”) elsewhere.&lt;br /&gt;
* Thirty inches (30”) for all other (such as, but not limited to, gravity sewers, forced sewers, and electric) underground utilities (both parallel and crossing).&lt;br /&gt;
&lt;br /&gt;
===643.1.4.2 Exceptions to Encasement===&lt;br /&gt;
Exceptions may be made for encasement as follows:&lt;br /&gt;
* Non-fiber communication or electric cables installed in ducts.&lt;br /&gt;
* Welded steel pipelines carrying gaseous or liquid petroleum products - provided they are cathodically protected against corrosion, triple-coated in accordance with accepted pipeline construction standards, and meet applicable material requirements.&lt;br /&gt;
* Natural gas distribution pipe (nominal six-inch (6”) diameter maximum) of polyethylene (PE) plastic, traceable, installed by a horizontal bore method at a minimum depth of seventy-two inches (72”) under ditches and roadways, constructed in accordance with and meeting applicable material requirements.&lt;br /&gt;
* Gas service connections protected and constructed in accordance with and meeting applicable material requirements.&lt;br /&gt;
* Encasement is not required for new trunk sanitary sewer crossings of vitrified clay, reinforced concrete or cast iron except when installation procedures would produce voids in the roadbed, heavy fills, or installations under pressure.&lt;br /&gt;
&lt;br /&gt;
===643.1.4.3 Above Ground or Ground Level Appurtenances===&lt;br /&gt;
Appurtenances protruding more than four inches (4”) above the ground line should be located outside the clear zone. If no feasible alternative exists and if permitted by a variance, appurtenances may be allowed within the clear zone if they meet breakaway criteria or will be shielded by a traffic barrier. Good design practice will provide that appurtenances be located at right of way jogs, along intersecting road right of way, or at other similar acceptable locations, so that encroachment is held to an absolute minimum. Cables, wires, small diameter pipes, and other such utility appurtenances extending from the surface of the ground should be equipped with covers or guards to improve their visibility. Appurtenances within sidewalks or street level pedestrian access routes are to be in conformance with the Americans with Disabilities Act requirements.&lt;br /&gt;
&lt;br /&gt;
The maximum pull box width perpendicular to the right of way line within the utility corridor is thirty inches (30”).&lt;br /&gt;
&lt;br /&gt;
===643.1.4.4 Overhead Utility Facilities===&lt;br /&gt;
The vertical clearance of new or existing overhead installations will not be less than the current minimum requirements of the National Electric Safety Code, but in no case less than eighteen feet (18’) inclusive of sag above the groundline for electrical facilities. Clearance may be reduced for overhead installations of cable, telephone, or fiber optic facilities.&lt;br /&gt;
A minimum radial clearance of twenty-five feet (25’) is provided from any utility facility to the nearest part of any bridge structure. A minimum radial clearance of ten feet (10’) is provided from the nearest charged electrical line to a MoDOT signal, lighting, ITS, or overhead sign structure.&lt;br /&gt;
&lt;br /&gt;
===643.1.4.5 Approved Materials===&lt;br /&gt;
Utility owners are allowed to use any material for underground utility facilities including carrier and encasement provided they accept responsibility for any future repairs and/or replacement of damaged MoDOT facilities should a failure occur. This will allow the use of current technology and procedures to provide the best value to its subscribers and the taxpayers of Missouri. For materials that MoDOT also uses in its highway system, utility owners must provide materials that meet the current [https://www.modot.org/missouri-standard-specifications-highway-construction Missouri Standard Specifications for Highway Construction]. For materials not listed in the Missouri Standard Specifications for Highway Construction, the utility owner should provide documentation of the standards used to determine suitability of the material.&lt;br /&gt;
&lt;br /&gt;
===643.1.4.6 Cutting===&lt;br /&gt;
In the event permission is granted to cut an existing concrete or asphalt pavement or sidewalk, the appropriate provisions below should be followed.&lt;br /&gt;
&lt;br /&gt;
====643.1.4.6.1 Pavement====&lt;br /&gt;
All pavement cuts should be made with a saw to the full depth of the pavement. The width of the cut is typically determined by the width of the trench plus a minimum one foot (1’) on each side of the trench. In the event the distance to any adjacent longitudinal or transverse joint or crack is less than four feet (4’), the pavement must be removed to the joint or crack. Cuts for perpendicular service tie-ins should be a minimum of three feet (3’) wide. Longitudinal main installations are typically cut at a minimum of half the lane width, but in no instance should the cut be along the wheel path of the lane.&lt;br /&gt;
[[File:fig_643.1.6-06_2026.jpg|800px|none|thumb|Figure 643.1.6 Pavement Repair Dimension Requirements.]]&lt;br /&gt;
&lt;br /&gt;
The utility facilities should be placed in a location with the least impact to the roadway. Typically, this leads to placement in the shoulder when available followed by the two-way left turn lane (TWLTL), and then outside lanes before allowing placement in interior through lanes. Lane switching should be kept to a minimum and should not be used to minimize repair sizes. Cuts for mains or service leads that may not be perpendicular to the roadway should be squared-off.&lt;br /&gt;
&lt;br /&gt;
Replacement of cut pavement should be full depth concrete in accordance with the current version at the time of installation of Section 613.10 Full Depth Pavement Repairs of the Missouri Standard Specifications for Highway Construction and the Missouri Standard Plans for Highway Construction. If the area of the pavement repair is not to be fully resurfaced all joints including the overcut from the sawing operation should be filled with an expansive mortar, epoxy, polyester, or joint material as approved by the Engineer in accordance with Section 1057 of the Missouri Standard Specifications for Highway Construction.&lt;br /&gt;
&lt;br /&gt;
====643.1.4.6.2 Pedestrian Access Routes====&lt;br /&gt;
All cuts in the pedestrian access routes whether asphalt or concrete should be made by saw and be the full depth of the material. Entire slabs of concrete sidewalk should be removed. Repair of the pedestrian access route must meet Americans with Disability Act requirements, see [[:Category:642_Pedestrian_Facilities|EPG 642]]. Cuts through curb ramps or detectable warning areas are not permitted. Rather the entire curb ramp or detectable warning area must be removed and replaced. MoDOT district ADA contacts can help ensure ADA compliance of impacted pedestrian access routes.&lt;br /&gt;
&lt;br /&gt;
===643.1.4.7 Non-disturbance Areas===&lt;br /&gt;
MoDOT has certain areas of right of way where mowing, spraying, digging, or other vegetation disturbance activities are restricted. These areas have been established to mitigate the environmental impacts of a previous project and should be avoided. If the areas cannot be avoided, contact MoDOT’s Environmental Section.&lt;br /&gt;
&lt;br /&gt;
==643.1.5 Bridge Attachment Policy==&lt;br /&gt;
No utility facility will be permitted in or on a structure carrying an interstate or other freeway unless it is part of a federal requirement or for MoDOT’s use. When the structure carries any other road type and no other practical means exists for the crossing, wires (communication, electrical, fiber, or metal) will be permitted. Electrical lines must be located to cause minimum exposure to MoDOT maintenance personnel and the public. Pressurized pipelines for gas or other petroleum products and water and all sewer lines are prohibited on all structures due to the risks associated with their failure.&lt;br /&gt;
&lt;br /&gt;
===643.1.5.1 Agreement===&lt;br /&gt;
An agreement is required for all utility facilities attached to any structure. A charge will be made for the increased maintenance costs involved. This fee is set by the Bridge Division. When permitted, a 50-year occupational agreement is executed with the utility owner. Agreement BR04 Utility Attachment Agreement is used when an attachment is added to a bridge during its construction. Agreement BR09 Bridge Attachment Agreement is used when an attachment is added to an existing bridge.&lt;br /&gt;
&lt;br /&gt;
===643.1.5.2 Requests===&lt;br /&gt;
Requests to attach facilities to structures is a multi-step process. Bridge Division is responsible for approval of the bridge attachment. If at any point in the process, Bridge Division determines the attachment to be unacceptable, a reason is to be provided.&lt;br /&gt;
&lt;br /&gt;
To start, the utility owner submits a conceptual request to the district utilities staff. The conceptual request consists of an explanation of the proposal; a general location sketch (i.e., which side of the bridge); and details on the facility, length, and weight per foot when full. The district utilities staff should work with all relevant district personnel including the District Bridge Engineer in reviewing and recommending the attachment. The district utilities staff will submit the recommended details to the Bridge Division to determine the applicable costs including future maintenance costs and for attachments to new bridges, design and construction. Once the Bridge Division has determined the cost, the district utilities staff shares the cost with the utility owner for their concurrence with furthering the process. For new bridges, if the utility owner concurs with the costs, the district utility staff will prepare the BR04 Agreement for execution by the utility owner and the Commission. MoDOT will be responsible for the design and construction of attachments to new bridges. For existing bridges, the district utilities staff will forward the applicable as-built bridge plans to the utility owner for its use in designing the bridge attachment. The utility owner will provide detailed design drawings, signed and sealed by a professional engineer in the State of Missouri, to the district utilities staff for review. The district utilities staff should work with all relevant district personnel, including the District Bridge Engineer, in reviewing and recommending the details of the attachment to the Bridge Division. Once Bridge Division approves, the Bridge Division will prepare the BR09 Agreement for execution by the utility owner and the Commission. The utility owner is responsible for the construction of attachments to existing bridges. A flow chart, [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_7_BridgeAttachementProcess_AOD.pdf EPG Figure 643.1.7], of the process is available.&lt;br /&gt;
&lt;br /&gt;
Payment from the utility owner for the attachment will be sent to Financial Services by district utilities staff. For BR04 agreements, district utilities staff should discuss with Financial Services how to get the payment credited to the project constructing the attachment. For BR09 agreements, district utilities staff should copy Bridge Division on correspondence with Financial Serves. Checks should be made payable to Director of Revenue, Credit State Road Fund.&lt;br /&gt;
&lt;br /&gt;
For requests from government entities such as cities, counties, and other municipalities, the requested information should be submitted to Bridge Division as described above. However, the district utilities staff will take the lead in preparing the DE10 County Agreement or DE11 Municipal Agreement, as applicable, with input from Bridge Division and Bridge Maintenance. All fees are waived for government entities.&lt;br /&gt;
&lt;br /&gt;
===643.1.5.3 Considerations===&lt;br /&gt;
The following considerations are made in determining the acceptability of a bridge attachment. Unique situations will be discussed with the Bridge Division as required.&lt;br /&gt;
&lt;br /&gt;
====643.1.5.3.1 Bridge Asset Management Program====&lt;br /&gt;
Requests for bridge attachments should be reviewed for consistency with the district’s upcoming bridge asset management program needs. If a structure is due for rehabilitation or replacement in the near future, information should be provided to the utility owner indicating existing remaining life of the bridge. In some instances, it may be in MoDOT’s best interest to deny the request for attachment outright. In some instances, the utility owner may still choose to pursue the short-term attachment to the existing structure. In almost all cases, the utility owner is responsible for the cost of removing and/or relocating their utility facilities for a necessary repair, widening, improvement or reconstruction of the structure. Review existing agreements for cost responsibility for current attachments.&lt;br /&gt;
&lt;br /&gt;
====643.1.5.3.2 Aesthetics====&lt;br /&gt;
In reviewing a request for a bridge attachment, how the structure is viewed by the public will be considered. For example, is the structure over a scenic stream that is extensively used by canoeists, or does the structure span a road that may provide access to a park, campgrounds, or boat launching facilities? Is the structure a grade separation where the motoring public will see the attachment before they pass under it?&lt;br /&gt;
&lt;br /&gt;
====643.1.5.3.3 Method of Attachment====&lt;br /&gt;
In order to maintain structural integrity of any structures the following requirements will apply for attachments.&lt;br /&gt;
&lt;br /&gt;
=====643.1.5.3.3.1 Welding=====&lt;br /&gt;
Welding of hardware to structural steel members (i.e., flanges, webs, stiffeners, and diaphragms) whether in tension or compression is not permitted.&lt;br /&gt;
&lt;br /&gt;
=====643.1.5.3.3.2 Drilling=====&lt;br /&gt;
Drilling holes in any structural steel member is not permitted. Drilling holes for anchors into any prestressed concrete member is not permitted. Although permitted, drilling holes for anchors into the underside of bridge decks must be done with caution. It is recommended all anchors be installed to miss deck reinforcing steel. Generally, drilling into decks will not be allowed where sonotubes were used (voided slab bridges). The depth of the holes should be such that breaking out of the concrete on the top side of the deck does not occur.&lt;br /&gt;
&lt;br /&gt;
=====643.1.5.3.3.3 Corrosion=====&lt;br /&gt;
Attachment hardware will be new, properly coated to prevent corrosion or be of a non-corrosive material, and be designed to support the facility.&lt;br /&gt;
&lt;br /&gt;
====643.1.5.3.4 Location====&lt;br /&gt;
In general, attachments are made on the underneath side of the bridge deck. The condition of the bridge deck will dictate the location of the attachment supports. An exception may be attachments to trusses or other overhead structures.&lt;br /&gt;
&lt;br /&gt;
Attachments that may require manholes in bridge decks are not allowed.&lt;br /&gt;
&lt;br /&gt;
When attachments are required to structures over streams that may carry large drifts, they must be attached to the downstream side of the structure and above the lowest superstructure element. It is preferred to locate the attachment on the outside of the exterior girder. If aesthetics are a concern, a better appearance can be achieved by having the attachment made to the inside of the exterior girder and above the bottom of the lower flange to hide the conduit and the attaching hardware.&lt;br /&gt;
&lt;br /&gt;
Placement of utilities must not prevent the removal of old paint, the application of new paint on superstructure steel, or cause debris buildup, which could cause structural deterioration.&lt;br /&gt;
&lt;br /&gt;
====643.1.5.3.5 Construction and Maintenance====&lt;br /&gt;
If the attachment cannot be built while maintaining one (1) lane of traffic on the structure, it will not be allowed.&lt;br /&gt;
&lt;br /&gt;
Construction procedures that severely impact traffic may factor into the allowable location of the attachment on the structure.&lt;br /&gt;
&lt;br /&gt;
When scaffolding is to be attached or supported by bridge rails, bridge superstructure, or bridge substructure, the procedures for construction of the attachment must be reviewed.&lt;br /&gt;
&lt;br /&gt;
The utility owner or local entity will pay for, or be responsible for, the painting of the attachment, if necessary, when the bridge requires painting.&lt;br /&gt;
&lt;br /&gt;
==643.1.6 Private Lines==&lt;br /&gt;
Private lines are permitted to cross the right of way of a highway in the same manner as outlined for all utility facilities in above sections of this article. Parallel installations along the right of way of a highway are not permitted. Special conditions at a specific location that make adherence to this policy impractical will be submitted to the Chief Engineer for consideration of an acceptable alternative. In certain situations, it may be necessary to obtain approval from the Federal Highway Administration (FHWA) before approval to use the alternative can be given to the private utility owner.&lt;br /&gt;
&lt;br /&gt;
==643.1.7 Water and Sewer Separations==&lt;br /&gt;
The Missouri Department of Natural Resources (MoDNR) Safe Drinking Water Commission via 10 CSR 60-10 and Clean Water Commission via 10 CSR 20-8 govern the design of water and sewer lines in the vicinity of one another. Basic criteria are outlined below for information, and details are contained within the regulations. MoDOT is not responsible for providing or acquiring adequate right of way for utility owners to comply with MoDNR requirements.&lt;br /&gt;
&lt;br /&gt;
===643.1.7.1 Line Separations===&lt;br /&gt;
====643.1.7.1.1 Horizontal====&lt;br /&gt;
Sanitary and storm sewers are to be laid at least ten feet (10’) horizontally measured from outside edge to outside edge from any existing or proposed water main. In cases where it is not practical to maintain ten feet (10’) of separation, installation of the water main closer to the sewer is acceptable where the water main is installed in a separate trench or on an undisturbed earth shelf located on one (1) side of the sewer at an elevation so the bottom of the water main is at least eighteen inches (18”) above the top of the sewer.&lt;br /&gt;
&lt;br /&gt;
====643.1.7.1.2 Crossings====&lt;br /&gt;
Water mains are to be laid to provide a minimum vertical distance of eighteen inches (18”) vertically measured outside edge to edge from sanitary or storm sewers. This is the case whether the water main is above or below the sewer. One (1) full length of water pipe must be located so both joints will be as far from the sanitary or storm sewer line as possible. Special structural support for the water main or sanitary or sewer main may be required.&lt;br /&gt;
&lt;br /&gt;
====643.1.7.1.3 Exception====&lt;br /&gt;
When it is impossible to obtain proper horizontal and vertical separation as stipulated, the sewer will be designed and constructed equal to water pipe and will be pressure-tested to assure it is watertight prior to backfilling.&lt;br /&gt;
&lt;br /&gt;
===643.1.7.4 Water Supply Interconnections===&lt;br /&gt;
No physical connection is permitted between a public or private potable water supply system and any sanitary or storm sewer or appurtenance that would permit the passage of any sewage or polluted water into the water supply. No water pipe is permitted to pass through or come in contact with any part of a sanitary sewer manhole.&lt;br /&gt;
&lt;br /&gt;
===643.1.7.5 Water Works Structures===&lt;br /&gt;
Sewers are not permitted to be installed within fifty feet (50’) in any direction from any existing or proposed public water supply well or other water supply sources or structures.&lt;br /&gt;
&lt;br /&gt;
==643.1.8 Variances==&lt;br /&gt;
Occasionally, it is impractical to locate a utility facility in accordance with requirements outlined in this article. MoDOT may consider a utility owner’s request for a variance from these requirements on a case-by-case basis. The utility owner should complete a [https://epg.modot.org/forms/general_files/DE/UtilityVarianceApprovalForm.docx Utility Variance Approval Form] to be submitted to MoDOT for consideration. Variances on the Interstate System require approval of the Federal Highway Administration (FHWA). A flow chart, [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_8_VarianceApprovalProcess.pdf EPG Figure 643.1.8], of the variance process is available.&lt;br /&gt;
&lt;br /&gt;
A variance will not be permitted just for the convenience of the utility owner. The utility owner requesting a variance must provide all necessary information to properly evaluate if a variance should be approved. For example, a utility owner requesting a variance because “the utility corridor is full” must explore all reasonable options. It is suggested that the requestor pothole the existing utility corridor to confirm the location of existing utility facilities and provide that data to support the need to locate outside of the utility corridor due to its congestion.&lt;br /&gt;
&lt;br /&gt;
===643.1.8.1 Variance Process===&lt;br /&gt;
Any utility owner of a public utility facility may apply for a variance. The process for requesting a variance is as follows:&lt;br /&gt;
&lt;br /&gt;
====643.1.8.1.1 Submittal Requirements====&lt;br /&gt;
Utility owners submit to the district utilities staff a written request for a variance using the [https://epg.modot.org/forms/general_files/DE/UtilityVarianceApprovalForm.docx Utility Variance Approval Form]. The utility owner must clearly show the provision(s) or guideline(s) for which the variance is being requested; the condition(s) which the utility owner believes warrant(s) the granting of a variance; a thorough explanation of the reason(s) for the requested variance, including sufficient and appropriate documentation of safety, aesthetic, or constructability constraints that would be adverse to the function, access, or maintenance of the utility facility and not in the best interest of the public.&lt;br /&gt;
&lt;br /&gt;
====643.1.8.1.2 MoDOT Consideration of Variance Request====&lt;br /&gt;
The utility owner bears full responsibility for demonstrating to MoDOT’s satisfaction that the variance is the most appropriate way to serve the public interest. MoDOT may present to the utility owner and the utility owner must consider reasonable alternatives to the variance requested by the utility owner. In determining whether to grant a variance, district utilities staff will consider all relevant factors including, but not limited to: the requested variance is reasonably necessary for the convenience, safety, health, and/or welfare of the public; there is an exceptional or undue burden or hardship on the specific applicant; a physical impracticability that would result from the applicant’s adherence to the normal location requirements; and the requested variance will not impair the safe construction, maintenance, operation, and safety of public travel on the highway. District utilities staff may consult with the Design Liaison Engineer in evaluating variances.&lt;br /&gt;
&lt;br /&gt;
====643.1.8.1.3 Approval of Variances====&lt;br /&gt;
Once district utilities staff have agreed to accept a variance proposed by the utility owner, the [https://epg.modot.org/forms/general_files/DE/UtilityVarianceApprovalForm.docx Utility Variance Approval Form] and all supporting documentation is sent to the District Design Engineer (DDE) for approval. If a variance is on interstate right of way, the DDE-signed Variance Request Form and all supporting documentation is forwarded to the Design Liaison Engineer who will forward to FHWA for their concurrence.&lt;br /&gt;
&lt;br /&gt;
====643.1.8.1.4 Variance Appeal Informal Hearing====&lt;br /&gt;
If denied a variance, the utility owner has thirty (30) calendar days to request an informal hearing for the purpose of appealing the denial. Requests must be made in writing to the State Design Engineer, Missouri Department of Transportation, P.O. Box 270, Jefferson City, MO 65102. If the utility owner requests an informal hearing, MoDOT’s authorized representative will advise the applicant of the time, date, and place of the hearing. The hearing is not a contested case under RSMo 536. The rules of evidence will not apply at the hearing, and MoDOT’s decision after the conduct of the hearing is not subject to further appeal.&lt;br /&gt;
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==643.1.9 Excess Right of Way==&lt;br /&gt;
Prior to conveyance of excess right of way, the status of utility facilities within said parcel must be addressed. See [[236.5_Property_Management#236.5.12_Excess_Land_Conveyances_&amp;amp;_Relinquishments_–_Regulated_Utilities|EPG 236.5.12]].&lt;br /&gt;
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==643.1.10 Broadband==&lt;br /&gt;
Broadband development in the state of Missouri is handled by the Department of Economic Development (DED). MoDOT shares its approved Statewide Transportation Improvement Program (STIP) project list with DED. All MoDOT policies related to placement of utility facilities within Commission right of way as outlined in this EPG 643.1 are to be followed.&lt;br /&gt;
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&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643.2 Utilities in Program Delivery &#039;&#039;PAGE TITLE&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt; &lt;br /&gt;
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==643.2.1 Introduction==&lt;br /&gt;
Improvements to the highway system often require negotiation between the Commission and a city, a county, or a public or private utility owner. The Commission’s district utilities staff is responsible for coordination of highway improvement projects with the utility owner’s representative. The impact to a utility, the responsibility for the cost of adjustments necessary to allow highway construction, the plan of adjustment of the utility, the responsibility of performance of work on utility facilities, and the schedule of the utility adjustment are all items that vary depending on the project and should be investigated and negotiated to ensure highway improvement projects are delivered on-time and on-budget. These should comply with Commission policy. A [https://epg.modot.org/forms/general_files/DE/flowchart.pdf flowchart] outlining all the utility adjustment processes (reimbursable and non-reimbursable relocations, Master Reimbursable Utility Agreements and Project Specific Agreements, etc.) are available in the list of figures at the top of the page. These processes will not always be in combination, but each should be considered with each project.&lt;br /&gt;
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The district utilities staff, in conjunction with the Transportation Project Manager (TPM), is expected to invite and encourage participation of utility owner representatives in MoDOT project meetings as needed.&lt;br /&gt;
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When a project involves utility adjustments for which the Commission is responsible for costs, the TPM should program the costs of the utility adjustments as non-contractual construction costs in the STIP Information Management System (SIMS).&lt;br /&gt;
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==643.2.2 Annual Utility Meeting==&lt;br /&gt;
Each district should hold an annual meeting with utilities to discuss current STIP projects in the district. The annual meeting should be held during each year&#039;s STIP preparations, ideally between January and May. All utility owners that have utility facilities in the district should be invited. The intent is to provide the utility owners with an idea of upcoming projects to allow them the opportunity to plan and budget for potential adjustments of their utility facilities, identify both MoDOT and utility roadblocks, and develop action plans to complete utility adjustments better, faster, and cheaper.&lt;br /&gt;
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==643.2.3 Determination of Existing Utilities==&lt;br /&gt;
District utilities staff should determine the appropriate level of effort needed to accurately identify existing utilities within the footprint of a proposed highway construction project. Aboveground utilities are easily identifiable via field checks; however, determination of the precise location of underground utilities can be more challenging and time consuming. Therefore, the district utilities staff should balance the risk of conflict with the highway construction project against the level of effort needed to determine the location.&lt;br /&gt;
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The level of effort on mapping utilities is dependent on the scope of the project and the potential for utilities having an impact on the construction of the project. The project schedule should include the time to complete this task accurately. The time and effort necessary for having accurate locates requires close interaction with the utility locators. Early contact with utility owner representatives may be necessary to accurately locate underground utility facilities.&lt;br /&gt;
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Various methods of determining existing underground utilities result in different levels of quality. ASCE Standard 38 Standard Guidance for Investigating and Documenting Existing Utilities classifies four levels of quality:&lt;br /&gt;
:1. Quality Level D: QL-D is the most basic level of information for utility locations. It comes solely from existing utility records or verbal recollections, both typically unreliable sources. It may provide an overall &amp;quot;feel&amp;quot; for the congestion of utilities but is often highly limited in terms of comprehensiveness and accuracy. QL-D is useful primarily for project planning and route selection activities.&amp;lt;br&amp;gt;&lt;br /&gt;
: ● Missouri 811 or “private-locate” markings are to be considered to be QL-D.&lt;br /&gt;
:2. Quality Level C: QL-C is probably the most used level of information. It involves surveying visible utility facilities (e.g., manholes, valve boxes, etc.) and correlating this information with existing utility records (QL-D information). When using this information, it is not unusual to find that many underground utilities have been either omitted or erroneously plotted. Therefore, its usefulness is primarily on rural projects where utilities are not prevalent or are not too expensive to repair or relocate.&lt;br /&gt;
:3. Quality Level B: QL-B involves the application of appropriate surface geophysical methods to determine the existence and horizontal position of virtually all utilities within the project limits. This activity is called &amp;quot;designating&amp;quot;. The information obtained in this manner is surveyed to project control. It addresses problems caused by inaccurate utility records, abandoned or unrecorded utility facilities, and lost references. The proper selection and application of surface geophysical techniques for achieving QL-B data is critical. Information provided by QL-B can enable the accomplishment of preliminary engineering goals. Decisions regarding location of storm drainage systems, footers, foundations, and other design features can be made to avoid conflicts with existing utilities. Slight adjustments in design can produce substantial cost savings by eliminating utility relocations.&lt;br /&gt;
:4. Quality Level A: QL-A, also known as &amp;quot;locating or potholing&amp;quot;, is the highest level of accuracy presently available and involves the full use of the subsurface utility engineering services. It provides information for the precise plan and profile mapping of underground utilities through the nondestructive exposure of underground utilities, and provides the type, size, condition, material, and other characteristics of underground features.&lt;br /&gt;
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For projects with scopes that have potential for utility conflicts, the minimum level of effort required is SUE Quality Level D. Locations of existing utilities are determined by requesting locates through Missouri 811, also known as the “One-Call” process. Missouri 811 locating requests should be carefully considered for the scope of work of the project. When necessary, the location of existing utilities should be established by a field survey of locate markings and features and shown on the roadway plans. Higher level SUE Quality Levels can be used on any project. Adjustment cost savings, whether to the MoDOT or to the utility owner, are beneficial to the taxpayer. Good SUE projects are typically urban in nature, or in congested areas, where the project footprint is to be minimized, or anytime accurate vertical and horizontal location of the utility facility might allow a design to avoid the utility facility thus preventing the need for the adjustment. The SUE process combines civil engineering, surveying, and geophysics. It utilizes several technologies, including vacuum excavation and surface geophysics.&lt;br /&gt;
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When proposed excavation or installation of subsurface features (drainage, equipment bases, etc.) falls within three feet (3’) of a marked Missouri 811 line, soft digging (hand digging, potholing, vacuum methods, pressurized air/water jetting, pneumatic hand tools, etc.) is required to more exactly locate the utility facility both horizontally and vertically. Utility facilities present within the right of way by permit, should be investigated by the utility owner. Utility facilities that would be reimbursable or partially reimbursable as defined in EP 643.2.8 will be investigated by MoDOT.&lt;br /&gt;
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==643.2.4 Conflict Determination==&lt;br /&gt;
Determination of whether a conflict exists between an existing utility facility and a proposed highway improvement project should occur at the earliest possible stage of project development. A conflict may be the result of the physical interaction between the roadway infrastructure and utility facility, a reduction in cover or increase in fill over underground utilities, a reduction in horizontal clearance whether above or below ground, a reduction in overhead vertical clearance, paving over utilities, or restricting a utility owner’s access to its utility facilities. District utilities staff should work with utilities to determine if a conflict exists and the appropriate plan of adjustment to remedy the conflict. The adjustment to the utility may be a relocation or another measure that protects the utility or access to the utility from the proposed highway improvement project. Determination of a conflict needs to be continually re-evaluated as the project design progresses. Continuing coordination is essential.&lt;br /&gt;
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==643.2.5 Utility Plan of Adjustment==&lt;br /&gt;
===643.2.5.1 Request for Plan of Adjustment===&lt;br /&gt;
District utilities staff will request a plan of adjustment from utility owners whose utility facilities are in conflict with a proposed highway project. The plan of adjustment may consist of efforts to relocate the utility or otherwise protect a utility from the impacts of the proposed highway project. Utilities are shown on the roadway plan and profiles sheets that are furnished to utility owners for use in planning required utility adjustments. Any other sheets such as drainage, traffic signal, lighting, or ITS plans that show impacts to a utility facility should also be provided to the utility owners. All adjustments, reimbursable or not, require a plan of adjustment furnished by the utility owner.&lt;br /&gt;
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A transmittal letter is included in the request for a plan of adjustment. The letter informs the utility owner that regardless of whether an adjustment is reimbursable, no physical adjusting or relocating of their utility facilities to accommodate the proposed highway improvement is to be performed without specific approval and authorization. Additionally, if any part of the adjustment has the potential to be reimbursable, they are advised:&lt;br /&gt;
# They may undertake preliminary engineering by their own forces upon approval by district utilities staff of the estimated costs of preliminary engineering.&lt;br /&gt;
# They may employ a consultant to do the PE work provided they request and obtain prior approval. See [[#643.2.6_Preliminary_Engineering_Requirements|EPG 643.2.6 Preliminary Engineering Requirements]].&lt;br /&gt;
# Any preliminary engineering costs accrued prior to the date of written authorization to proceed will not qualify for reimbursement.&lt;br /&gt;
# Replacement right of way or easements cannot be purchased without specific approval and authorization.&lt;br /&gt;
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===643.2.5.2 Proposed Plan of Adjustment===&lt;br /&gt;
Developing a plan of adjustment is a multi-step process. The utility owner will propose a conceptual approach to adjusting the utility facilities to allow highway construction. This conceptual approach is used as the basis for determining cost responsibility, estimate of costs for preliminary engineering and construction, developing the agreement if necessary, and final design of the adjustment. Negotiations between district utility staff and the utility owner’s representative can result in changes to the design throughout the process.&lt;br /&gt;
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Final plans of adjustment must contain a legend on the first sheet identifying the utility symbols used. They must also show the existing utility facilities and their disposition, the location of the new or adjusted utility facilities, the existing and new right of way lines, the limited or fully controlled access symbols (where applicable), the existing and proposed roadways, ramps, and outer roadways and any other pertinent roadway information. They must contain sufficient details concerning location, elevation, compaction, clean up, etc. to provide for the proper adjustment of the utility facility. Relocated and/or existing utility facilities that will remain in place must be dimensioned or indicated in a manner to show their location in respect to the right of way lines. It is preferred that the utility owner transmits the plan of adjustment by electronic deliverables in a format that can be incorporated into the roadway plans. This will reduce the time and effort necessary as well as increase the accuracy of transferring this information into the roadway plans.&lt;br /&gt;
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Plans of adjustment received from the utility owner are to be checked for compliance with MoDOT’s requirements ([[#643.1_Utilities_Location|EPG 643.1 Utility Location]]) by the district utilities staff. They are also checked to ensure compatibility with the roadway design. Any continuing conflicts are resolved through negotiations with the utility owner.&lt;br /&gt;
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Occasionally, it is impractical to perform a utility adjustment in accordance with MoDOT’s requirements. Sometimes the utility may request approval of a plan of adjustment that does not conform to these requirements. Deviation from MoDOT’s utility requirements is a variance. Refer to [[#643.1.8_Variances|643.1.8 Variance Process]] for additional guidance.&lt;br /&gt;
The final plan of adjustment is included as Exhibit “A” to the agreement ([[#643.2.12_Utility_Agreements|EPG 643.2.12 Agreements]]).&lt;br /&gt;
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==643.2.6 Preliminary Engineering Requirements==&lt;br /&gt;
Preliminary engineering (PE) can be performed one of four ways for utility adjustments:&lt;br /&gt;
# The utility owner can use its own engineering forces.&lt;br /&gt;
# MoDOT can select an engineering consultant, after consultation with the utility owner, and the consultant contract will be administered by MoDOT.&lt;br /&gt;
# The utility owner can select an engineering consultant, with approval by MoDOT, and the consultant contract will be administered by the utility owner.&lt;br /&gt;
# If a utility adjustment is being included in a MoDOT administered construction contract, the preliminary engineering of the adjustment can be provided by MoDOT.&lt;br /&gt;
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For reimbursable utility adjustments, the amount paid to engineers, architects, and others for required engineering and allied services can be included in reimbursement amount provided such amounts are not based on a percentage of the costs of the necessary adjustments to allow highway construction. Reimbursement is available for contracts executed after solicitation of a consultant for the specific adjustment or existing continuing contracts when it is demonstrated that such work is performed regularly for the utility owner in its own work and that the costs are reasonable.&lt;br /&gt;
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A [https://epg.modot.org/forms/general_files/DE/UtilityConsultantContractChecklist.docx checklist is available for reviewing consultant-engineering contracts] to ensure the contract conforms to MoDOT policy and complies with applicable federal regulations. District utilities staff should use the checklist to review contracts and may consult with Audits and Investigations Division as necessary. The procedures in 23 CFR part 172, Administration of Engineering and Design Related Service Contracts may be used as a guide for reviewing proposed consultant contracts. [[:LPA:136.4_Consultant_Selection_and_Consultant_Contract_Management|EPG 136.4 Consultant Selection and Consultant Contract Management]] may also be used as a guide.&lt;br /&gt;
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===643.2.6.1 Solicited Consultant Contracts===&lt;br /&gt;
If solicitation of PE services is required for reimbursable utility adjustments, the utility owner must provide the following documents and information to district utilities staff. These documents need to be provided as soon as the utility owner has chosen to solicit a consultant. Document 1 must be supplied by all utility owners. Documents 2 and 3 are only required when the utility owner is a local government agency who is also a political subdivision of the state of Missouri (e.g., city-owned utilities, county-owned utilities). All other utility owners are encouraged, but not required, to provide Documents 2 and 3:&lt;br /&gt;
# A statement that the utility owner is not staffed or able to perform the required PE services with its own forces.&lt;br /&gt;
# Provide the names of at least three (3) consultants considered.&lt;br /&gt;
# The criteria used to evaluate each consultant and reasons why the selected consultant was selected.&lt;br /&gt;
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The following documents need to be provided as soon as the utility owner has successfully negotiated and entered into a contract with the consultant:&lt;br /&gt;
# The name and address of the selected consultant.&lt;br /&gt;
# A statement that the &amp;quot;[https://epg.modot.org/forms/general_files/DE/CertificationOfConsultant.docx Certification of Consultant]&amp;quot; will be furnished immediately upon award of the contract to the consultant.&lt;br /&gt;
# One executed copy of the proposed engineering contract or agreement between the utility owner and consultant, only if the engineering will exceed $5,000.00.&lt;br /&gt;
# The consultant&#039;s fixed (lump sum) or estimated fee (actual cost) and the contract maximum.&lt;br /&gt;
# A cost summary providing a detailed breakdown of the basis for the consultant&#039;s compensation, including estimated labor hours, hourly rates for each classification, overhead rate (if used), the amount of profit charged, and any other estimated charges such as travel expenses, equipment rentals, etc. If an overhead rate is used, the consultant must also submit the supporting overhead rate calculations.&lt;br /&gt;
# An independent cost estimate of engineering services provided by the utility owner to use in comparison to the consultant’s proposed engineering services to check for cost reasonableness.&lt;br /&gt;
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===643.2.6.2 Continuing Consultant Contracts===&lt;br /&gt;
When a utility owner chooses to use an existing continuing contract for PE services, the utility owner must provide the following documents and information to the district utilities staff as soon as possible.&lt;br /&gt;
# A statement that the utility owner is not staffed or able to perform the engineering with its own forces.&lt;br /&gt;
# The name and address of the consultant under the existing continuing contract.&lt;br /&gt;
# A statement that the &amp;quot;[https://epg.modot.org/forms/general_files/DE/CertificationOfConsultant.docx Certification of Consultant]&amp;quot; will be furnished.&lt;br /&gt;
# A copy of the continuing contract to the district utilities staff. The district utilities staff will review the contract for reasonableness of cost.&lt;br /&gt;
# The consultant&#039;s fixed (lump sum) or estimated fee (actual cost) and the contract maximum for the work associated with the utility adjustment.&lt;br /&gt;
# A cost summary providing a detailed breakdown of the basis for the consultant&#039;s compensation, including estimated labor hours, hourly rates for each classification, overhead rate (if used), the amount of profit charged, and any other estimated charges such as travel expenses, telephone, etc. If an overhead rate is used, the consultant must also submit the supporting overhead rate calculations.&lt;br /&gt;
# An independent cost estimate of engineering services provided by the utility owner to use in comparison to the consultant’s proposed engineering services to check for cost reasonableness.&lt;br /&gt;
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===643.2.6.3 Consultant Contract Changes===&lt;br /&gt;
If a PE services contract between a utility owner and a consultant needs to be revised, a copy of the revised contract, fee, and schedule should be submitted by the utility owner to the district utilities staff prior to allowing for contract changes. District utilities staff should review the contract changes to ensure the revised contract conforms to MoDOT policy and complies with applicable federal regulations.&lt;br /&gt;
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==643.2.7 Environmental and Right of Way==&lt;br /&gt;
===643.2.7.1 Utilities and Environmental Clearances===&lt;br /&gt;
District utilities staff should coordinate with the TPM and utility owner’s representative to understand and communicate on known environmental and cultural constraints that could impact a utility owner’s plan of adjustment. This will allow the utility owner to consider permitting timelines and alternatives that avoid environmental or cultural resources to keep the project on schedule.&lt;br /&gt;
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One strategy to make project delivery more efficient and ensure regulatory compliance is for MoDOT to obtain the environmental and cultural resource permits and clearances for the utility owners associated with a roadway improvement while obtaining its own. This would generally only be for the permits and regulatory clearances MoDOT already needs to pursue as a part of the transportation improvement.&lt;br /&gt;
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District utilities staff should coordinate with the utility owner’s representative early in the project timeline to determine if it is in the best interest of both MoDOT and the utility owner to obtain permits and environmental clearances jointly. The following strategies can be utilized to determine if a joint approach to environmental work should be pursued:&lt;br /&gt;
* If utility facilities are moving to a location within or immediately adjacent to MoDOT right of way, a utility owner may be invited to participate in permitting and environmental compliance activities.&lt;br /&gt;
* If utilities move to a location not within or adjacent to MoDOT right of way, the utility company would not normally be invited to participate in permit applications and environmental compliance activities. However, some unique projects may necessitate further attention and should be discussed with the Design Liaison Engineer.&lt;br /&gt;
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If MoDOT and the utility owner agree to obtain joint permits and clearances, written communication between the utility owner’s representative and the district utilities staff should document the following items:&lt;br /&gt;
* List of the permits and clearances that MoDOT will acquire on behalf of the utility owner.&lt;br /&gt;
* List of the information needed from the utility owner in order for MoDOT to acquire the permits and clearances.&lt;br /&gt;
* Schedule and deadlines for submittal of the information by the utility owner. For example: utility plans, fill quantities, construction methods, dates, or seasons of construction.&lt;br /&gt;
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Permits and clearances that may be needed by both a utility owner and MoDOT include:&lt;br /&gt;
* [[127.7_Threatened_and_Endangered_Species|Endangered Species Act consultation and clearance]]&lt;br /&gt;
* [[127.2_Historic_Preservation_and_Cultural_Resources#127.2.1.1_Historic_Preservation_Regulations_and_Laws|Section 106 of the National Historic Preservation Act clearance]]&lt;br /&gt;
* [[127.10_Section_4(f)_Public_Lands|Section 4(f) clearance]]&lt;br /&gt;
* [[127.10_Section_4(f)_Public_Lands#127.10.1.4_Section_6(f)_Laws_and_Regulations|Section 6(f) of the Land and Water Conservation Fund Act clearance]]&lt;br /&gt;
* [[127.4_Wetlands_and_Streams|Section 401 and Section 404 of the Clean Water Act permits]]&lt;br /&gt;
* [[:Category:806_Pollution,_Erosion_and_Sediment_Control#806.1_Introduction_(see_Sec._806)|Section 402 of the Clean Water Act permit (State Operating Permit for Erosion Control)]]&lt;br /&gt;
* [[127.8_Hazardous_and_Solid_Waste|Recommendations on contaminated soil disposition]]&lt;br /&gt;
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===643.2.7.2 Right of Way Acquisition and Utilities===&lt;br /&gt;
The Commission is obligated to acquire the width of right of way required by the design of the highway improvement. For utility facilities currently located within the Commission’s right of way, this includes the necessary space for the utility facilities impacted by the design of the highway improvement. Either additional right of way width to accommodate a utility corridor or a utility easement can be obtained for the relocation of utility facilities. When drainage easements are acquired along a channel, additional space for utility facilities should be considered to avoid conflicts between the utility facility and the bridge or culvert.&lt;br /&gt;
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District utilities staff should inform the utility owner’s representative of the potential of a conflict between an existing utility facility and a proposed highway construction project early in the project development process to allow sufficient time for the utility owner to prepare a plan of adjustment and notify the district utilities staff of any easement needs. When utility facilities are located on a utility owner’s private easement, the utility owner may obtain its own new easements. If the utility owner is not in a position to negotiate for new easements or if the utility owner’s policies will not permit it to condemn property to obtain the easement, MoDOT can acquire the easement in the same manner roadway right of way is obtained. The district utilities staff should verify the utility owner is aware of the opportunity to have MoDOT acquire the easement, and the utility owner should provide written documentation on whether the utility owner would like to pursue this option with MoDOT.&lt;br /&gt;
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For situations where the utility owner will obtain its own replacement right of way and the cost of the adjustment is MoDOT’s responsibility, the utility right of way cost should be reviewed by the district right of way department to ensure the cost is reasonable and acquisition followed state and federal regulations. In order to expedite utility adjustments necessary to allow highway construction, the district utility staff may authorize the utility owner to obtain easements prior to all details of a plan of adjustment being developed. In this situation, the district utilities staff should ensure enough details are known to justify the needed right of way, and an agreement for right of way costs only should be executed with the utility owner.&lt;br /&gt;
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For situations where MoDOT will obtain the right of way necessary to allow highway construction, district utility staff should negotiate with the utility owner’s representative to ensure all necessary utility easements are shown on the approved right of way plans. The TPM should confirm with district utilities staff that the right of way plans accurately reflect the needs of the utility owners prior to requesting right of way plan approval. The district Right of Way Manager should confirm with district utilities staff before requesting an acquisition date (A-date). Every effort should be made to avoid adding utility easement requests once negotiations with property owners have begun.&lt;br /&gt;
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Occasionally, when negotiations cannot be completed for easements for the adjustment of utility facilities, it may be necessary to condemn for the property. District utilities staff should coordinate with the utility owner’s representative to ensure no alternate design for the adjustment of the utility facility is practical. The decision to condemn for easements for the adjustment of the utility facilities requires the exercise of good judgment in reaching the conclusion that further good faith negotiations are futile and condemnation is necessary to maintain the project in the scheduled letting. The TPM should coordinate with the district utilities staff and district Right of Way (RW) personnel on the condemnation proceedings.&lt;br /&gt;
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Easement and other right of way documents used with utility owners are handled in accordance with procedures established jointly with RW and district utilities staff. District survey staff prepare the land descriptions for use in utility easements. The district utilities staff is responsible for completion of the easements in the correct form and scope. A sketch delineating the area described is attached to the easement as Exhibit “A”. Communication with the Design Division will ensure use of proper forms, corporate names and locations, and particular wording required for joint ownerships. The description for a utility easement is to be referenced to the nearest land corner shown on the plans. Examples of easements can be found in the template list in [https://netprod3.dot.missouri/eAgreements/Search/QuickSearch eAgreements].&lt;br /&gt;
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In situations where MoDOT is acquiring right of way with existing utility easements, but the district utilities staff and the utility owner’s representative agree that the utility facility may remain in place, the utility owner will release the property to the Commission separate from the right of way acquisition. This is done by executing an Easement for Highway Construction (UT16). The utility owner grants and conveys, with warranty of title expressed or implied, to the Commission, the right to construct, reconstruct, and maintain a highway over and across that portion of the easement owned and held by the utility owner. In the future, the utility owner retains any reimbursable rights should future projects require adjustments to allow highway construction.&lt;br /&gt;
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==643.2.8 Cost Responsibility==&lt;br /&gt;
In addition to determining if a conflict exists between an existing utility facility and a highway improvement project, it is important to determine who is responsible for the costs of the necessary adjustments to allow highway construction. An adjustment for which the Commission is responsible for the costs is known as a reimbursable adjustment. An adjustment for which the Commission is not responsible for the costs is known as a non-reimbursable adjustment. An adjustment for which the Commission and the utility share responsibility for costs is known as a partially reimbursable adjustment. Adjustments determined to be reimbursable or partially reimbursable by the Commission are to be completed under the terms of an agreement executed between the utility owner and the Commission.&lt;br /&gt;
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===643.2.8.1 Commission Responsibility===&lt;br /&gt;
====643.2.8.1.1 Utility Facilities Located on Private Easements====&lt;br /&gt;
When the utility facility is located on a private easement within the new right of way to be acquired for a future project, the Commission is responsible for the cost of the necessary adjustments to allow highway construction. It may be possible that such easement does not have written easement rights. The Commission will honor this oral right provided acceptable documentation is provided by the utility owner to the district utilities staff. An [https://epg.modot.org/forms/general_files/DE/NonwrittenEasementRights_Example.docx example of acceptable documentation for not written easement rights] is available. Other forms of documentation will be considered on an individual basis.&lt;br /&gt;
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=====643.2.8.1.1.1 Future Moves=====&lt;br /&gt;
When the utility facility is located on a private easement, taken into the Commission’s right of way, the Commission may agree that any future moves of the same utility by Commission order may be made at the Commission’s cost. Documentation of this agreement is by an Easement for Highway Construction (UT16) agreement. If the Commission provides a substitute private easement, then the Commission will have future obligations consistent with the utility facility’s status in an easement.&lt;br /&gt;
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====643.2.8.1.2 Utility Facilities Located within Commission Right of Way====&lt;br /&gt;
When the utility facility is located within Commission right of way, but has prior land rights, the Commission is responsible for the cost of adjustments to allow highway construction. The utility owner is responsible for documenting to the satisfaction of the district utilities staff, the basis for the claim of prior land rights within Commission right of way. Time spent researching prior rights is considered coordination and is reimbursable.&lt;br /&gt;
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====643.2.8.1.3 City or County Utility Facilities on City or County Streets====&lt;br /&gt;
When roadway improvements are within the corporate limits of cities, towns, and villages, a municipal agreement is negotiated between the Commission and the municipality. Likewise, when roadway improvements are within the limits of a county and outside the municipal limits, a county agreement is negotiated between the Commission and the County Commission. Included in these agreements are provisions regarding reimbursement for adjusting city or county owned utility facilities. Reimbursement is provided for adjustment of city or county owned utility facilities that are now located on city or county streets and not on Commission right of way.&lt;br /&gt;
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====643.2.8.1.4 Lumen====&lt;br /&gt;
Lumen – National (formerly CenturyLink, Lightcore, or Digital Telephone, Inc. (DTI)) and the Commission have entered into a partnership agreement, “Amended and Restated Fiber Optic Cable on Freeways in Missouri,” executed June 5, 2003 which obligates the Commission to be responsible for the cost of the necessary adjustments to allow highway construction along the routes identified in the agreement. A copy of the agreement is available to district utilities staff.&lt;br /&gt;
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====643.2.8.1.5 Services to the Commission====&lt;br /&gt;
When a utility facility provides a service connection to local Commission facilities such as power to traffic signals, lighting, ITS, and cathodic protection and phone drops to traffic signal controllers or other Commission facilities, the Commission is responsible for the cost of the necessary adjustments to allow highway construction.&lt;br /&gt;
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====643.2.8.1.6 Private Service Lines====&lt;br /&gt;
While most utility owners reconnect the private service lines at no cost to the property owner, some do not. If a utility owner does not reconnect service lines, MoDOT can include adjustment of private service lines in roadway contracts. Bid items for relocating service connections are provided for the different types of anticipated adjustments.&lt;br /&gt;
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====643.2.8.1.7 Second Moves====&lt;br /&gt;
If the Commission requires additional work to a utility facility after the facility has been relocated or adjusted in accordance with a plan of adjustment approved by the Commission for a single project number, the Commission is responsible for the cost of the additional work regardless of whether the initial adjustment was Commission responsibility as outlined in other parts of [[#643.2.8.1_Commission_Responsibility|643.2.8.1]].&lt;br /&gt;
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The purpose of the policy is to encourage utilities to relocate early rather than waiting until plans are published for bidding. The policy eliminates the utility having to relocate twice at its own expense because of late changes in the design. It is best to have utilities relocated prior to construction, and this policy helps achieve that goal. Therefore, it is imperative that the designer notifies district utilities staff as soon as possible of any changes made after these plans have been sent. If notified immediately, it may be possible to inform the utility owner prior to their final design thereby eliminating a second move.&lt;br /&gt;
&lt;br /&gt;
Under this policy, the following are not considered second moves. Temporary and staged relocations necessary to accommodate construction and agreed upon by the utility and the Commission prior to relocation are considered a single move and are not subject to the provisions of the second move policy. If the Commission requires adjustment of a utility facility for which the utility owner is responsible for the cost of the adjustment and was originally determined to not need adjustment, the utility owner is responsible for the cost of the adjustment. The utility owner is responsible for the cost of additional work to any portion of the utility facility after the utility facility has been adjusted in accordance with a plan of adjustment approved by the Commission if the additional work is required by the Commission due to error by the utility owner in preparation of plan of adjustment, field location of, or construction of the adjustment of the utility facility.&lt;br /&gt;
&lt;br /&gt;
When evaluating construction contract changes by change order or value engineering, the impacts of the second move policy should be considered.&lt;br /&gt;
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===643.2.8.2 Utility Owner Responsibility===&lt;br /&gt;
====643.2.8.2.1 Utility Facilities Owned and Operated by a Political Subdivision====&lt;br /&gt;
When a utility facility is located within Commission right of way, but does not have prior land rights, the utility owner is responsible for the cost of the necessary adjustments to allow highway construction. When a utility facility is located on public right of way other than Commission right of way, the utility owner is responsible for the cost of the necessary adjustments to allow highway construction.&lt;br /&gt;
&lt;br /&gt;
When a political subdivision must bear part or all the cost of adjustments to their utility facilities, and the cost creates a financial hardship, the Commission, by its authorized representative, the Chief Engineer, may temporarily assume these costs. A payback agreement with the political subdivision will include an applicable interest rate for a comparable maturity from a widely published index of tax-exempt municipal rates obtained from Financial Services. Payback time will not exceed five (5) years.&lt;br /&gt;
&lt;br /&gt;
====643.2.8.2.2 Utility Facilities Other Than Those Owned by a Political Subdivision====&lt;br /&gt;
When a utility facility is on the right of way of a public road or street or on state highway right of way without prior land rights and adjustment is necessary to allow for the construction of a roadway improvement, the utility owner is responsible for the cost of the necessary adjustments to allow highway construction.&lt;br /&gt;
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===643.2.8.3 Shared Responsibility===&lt;br /&gt;
When a utility facility is located such that portions of it are a Commission responsibility and portions of it are a utility owner responsibility by the definitions above, the costs of the necessary adjustments to allow highway construction will be split by the Commission and the utility owner. If the exact cost for each party can be determined, each party will be responsible for their portion of the cost of relocating the utility facility. If the exact cost for each party cannot be determined, the parties will arrive at a percentage reimbursement on an equitable basis.&lt;br /&gt;
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===643.2.8.4 Notice of Hearing===&lt;br /&gt;
When relocation or other difficulties with utility facilities on public right of way arise that prevent resolution by negotiation, formal hearings will be required.&lt;br /&gt;
&lt;br /&gt;
The district initiates a request for a utility relocation hearing with a letter to the Chief Counsel’s Office (CCO) (a copy is provided to the Design Division) requesting a hearing date. CCO will arrange for a hearing room, court reporter, etc. and advise the district of the hearing date.&lt;br /&gt;
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The district will prepare the notice of hearing by strictly following the given format and serve the notice on all persons and utility owners listed. The property and utility owner must be served only by personal service or by mailing a certified letter, return receipt requested, no later than 15 days before the date of hearing. This will require the district to make every effort to identify the correct property owner before preparing the notice of hearing. To avoid delays, every attempt will be made to issue the hearing notice at least 30 days prior to the hearing date in case any property has changed ownership and any additional property owners must be served. A notice of hearing on service line connections will also be served on the private or public owner of the main or distribution line to which the service lines are connected. A notarized &amp;quot;[https://epg.modot.org/forms/general_files/DE/ReportOnPersonalService.docx Report of Personal Service]&amp;quot; will be completed when notification by certified mail is not used.&lt;br /&gt;
&lt;br /&gt;
One copy of the hearing notice and attachments, &amp;quot;[https://epg.modot.org/forms/general_files/DE/ReportOnPersonalService.docx Report of Personal Service]&amp;quot; and certified mail notices are to be submitted to CCO after notification is complete.&lt;br /&gt;
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Prior to the hearing, the district&#039;s representative will become familiar with the details of the utility adjustment in order to provide concise testimony to expedite the hearing process. CCO will assign an attorney to work with the district and present the case.&lt;br /&gt;
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Refer to 7 CSR 10-3.030 020 Utility Relocation Hearings for additional information.&lt;br /&gt;
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A Waiver of Hearing should be obtained for non-reimbursable adjustments to document the commitment of the utility owner to adjust its utility facilities without adversely impacting the highway construction project. This may be accomplished informally via written communications between the district utilities staff and the utility owner’s representative. A [https://epg.modot.org/forms/general_files/DE/WaiverOfHearingForm.docx formal Waiver of Hearing statement] may be requested by either MoDOT or the utility owner. A [https://epg.modot.org/forms/general_files/DE/WaiverOfHearingLetter.docx sample transmittal letter for the Waiver of Hearing] is available. For reimbursable or partially reimbursable adjustments, the formal agreement serves as the basis of documentation of this commitment.&lt;br /&gt;
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==643.2.9 Estimates==&lt;br /&gt;
District utilities staff will negotiate with utility owners to determine reimbursable costs of the necessary adjustments to allow highway construction ([[#643.2.8_Cost_Responsibility|EPG 643.2.8 Cost Responsibility]]). These estimates are prepared in accordance with the provisions of 23 CFR 645 and any amendment thereto. These estimates must reflect the same procedures and costs used by the utility owners in their normal operations and must also accurately represent the expected costs of the work. The utility owner’s estimate will be reviewed by the district utilities staff to ensure compliance with 23 CFR 645.&lt;br /&gt;
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===643.2.9.1 Independent Cost Estimate===&lt;br /&gt;
The independent cost estimate provides the basis for district utilities staff to review the utility owner’s estimate of costs of the necessary utility adjustments to allow highway construction and any subsequent negotiations with the utility owner. The district utilities staff should prepare an independent cost estimate. The independent cost estimate may be based on unit prices of anticipated items of work in a utility adjustment necessary to allow highway construction. The independent cost estimate alternately may be based on recent similar types of utility adjustments necessary to allow highway construction and scaled for size. Consultants can be used to develop the independent cost estimate. All documentation of the independent cost estimate should be placed in MoProjects.&lt;br /&gt;
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===643.2.9.2 Type of Project Cost Estimates===&lt;br /&gt;
Either Actual Cost or Lump Sum estimates may be used for estimating the costs on the necessary utility adjustments to allow highway construction. If an Actual Cost estimate is used, detailed records of materials, labor, and equipment are made by district utilities and/or construction staff during construction, and a final audit of the utility owner’s cost records is made to determine the Commission’s actual responsibility for costs of the adjustment completed to allow highway construction. If a Lump Sum estimate is used, a final audit of costs for an adjustment in payment is not required. The Actual Cost method requires more detailed record keeping and documentation by the utility owner and district staff during construction. The Lump Sum method requires more upfront detail and work by the utility owner and judgment on the district utilities staff on the acceptability of the cost. The district utilities staff will work with the utility owner’s representative to determine the best type of estimate and therefore agreement to use.&lt;br /&gt;
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====643.2.9.2.1 Actual Cost Estimate====&lt;br /&gt;
The cost estimate that supports the actual cost agreement is prepared in sufficient detail to determine the reasonable expected cost of the work to support development of an agreement between the utility owner and the Commission. However, reimbursement is based on the actual costs of design and construction of the necessary adjustment to allow highway construction. The [https://epg.modot.org/forms/general_files/DE/ActualCostCostEstimate_Example.docx actual cost estimate] should detail all costs of the necessary adjustment to allow highway construction, even if the Commission is only responsible for a portion of the costs as detailed in EPG [[#643.2.8.3_Shared_Responsibility|643.2.8.3 Shared Responsibility]].&lt;br /&gt;
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[https://epg.modot.org/forms/general_files/DE/ActualCostCostEstimate_Example.docx Actual cost estimates] can be used for any dollar amount of reimbursement.&lt;br /&gt;
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====643.2.9.2.2 Lump Sum Estimates====&lt;br /&gt;
The cost estimate that supports the lump sum agreement must be accurate, comprehensive, verifiable, and in sufficient detail to present a clear picture of the work involved and the cost of the individual items. The estimate may cover only that portion of the adjustment for which the Commission is responsible for the costs of the necessary utility adjustments to allow highway construction.&lt;br /&gt;
[https://epg.modot.org/forms/general_files/DE/LumpSumCostEstimate_Example.docx Lump sum estimates] are limited to a maximum of $200,000 of Commission responsibility of costs of the necessary utility adjustments to allow highway construction; however, exceptions may be made for special situations that have prior approval from Design Division. These exceptions usually cover major relocations for which the Commission&#039;s proportionate responsibility is extremely small.&lt;br /&gt;
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===643.2.9.3 Utility Cost Estimate Requirements===&lt;br /&gt;
Whether using an Actual Cost or Lump Sum estimate, the following should be included in the estimate, if applicable. If any of the following sections are not included in the estimate, a qualifying statement as to why the costs were not included should be provided.&lt;br /&gt;
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====643.2.9.3.1 Scope of Work====&lt;br /&gt;
All estimates require a concise summary of the work to be performed on the estimate. An example is &amp;quot;an estimate of cost covering the work of relocating Company&#039;s 12-inch Cushing-Woodriver pipeline to accommodate construction of Route 47 in Franklin County on Job No. J6P0172&amp;quot;.&lt;br /&gt;
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====643.2.9.3.2 Engineering Costs====&lt;br /&gt;
Costs of engineering, whether preliminary or construction, must be shown as separate items and are not to be included with &amp;quot;labor costs&amp;quot;. Concurrent cost accounting procedures of FHWA and MoDOT make this a necessity. See [[#643.2.6_Preliminary_Engineering_Requirements|EPG 643.2.6 Preliminary Engineering]] and [[#643.2.16.2_Construction_Contract_Requirements|EPG 643.2.16.2 Construction Contract Requirements]] for further information.&lt;br /&gt;
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====643.2.9.3.3 Right of Way Costs====&lt;br /&gt;
A detailed estimate of the cost to acquire replacement easements by the utility owner is required. The cost should be supported by a right of way plan.&lt;br /&gt;
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====643.2.9.3.4 Material Costs====&lt;br /&gt;
Quantities, description of the item, the unit cost, and the extended totals are shown. Percentage computations will be shown immediately following &amp;quot;total cost&amp;quot; so the utility owner’s and Commission&#039;s cost obligations are properly indicated. Unit assembly costs similar to those used by several of the rural electric association (R.E.A.) cooperatives are acceptable, provided the same units and charges are used in the utility owner’s regular operations. A handling charge conforming with the utility owner’s regular procedures may also be included.&lt;br /&gt;
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====643.2.9.3.5 Labor Costs====&lt;br /&gt;
Hours, individual or crew rates, and extended totals are shown. Payroll additives such as insurance, retirement, social security, vacation, and other benefits are shown as a separate item under this heading in accordance with utility owner’s regular procedures. Adequate explanation must be given for total percentage used, especially in those cases where materials and labor are combined as unit costs or where labor percentages include additives and equipment requirements.&lt;br /&gt;
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====643.2.9.3.6 Equipment Costs====&lt;br /&gt;
A description of the equipment to be used must be shown jointly with the number of hours to be charged. Rates charged for equipment usage must be justified by the utility owner’s established accounting procedures. When the utility owner does not have an established accounting procedure or a capitalization and depreciation schedule that is used in its own operations, the rates are to be established by using rental rate publications as a guide. A reasonable amount will be deducted, when using rental rate schedules, for profit that the rental company realizes. A full explanation of the methods used in establishing the rates must also be submitted to support the utility owner’s request and with approval of the district utilities staff.&lt;br /&gt;
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Equipment may be rented when the utility owner’s equipment is not available or is inadequate, with the rental rate justified by appropriate solicitation of bids. See [[#643.2.16.2_Construction_Contract_Requirements|EPG 643.16.2 Construction Contract Requirements]] for further information.&lt;br /&gt;
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Unusual accounting procedures may be accepted with adequate prior explanations and approval of the Design Division.&lt;br /&gt;
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====643.2.9.3.7 Removal Costs====&lt;br /&gt;
These costs are estimated and shown in a similar method but separately from installation costs. When removal costs exceed salvage credits by more than the estimated cost of removal by the roadway contractor, an effort should be made to persuade the utility owner to abandon the utility facilities in place. An exception is made when the utility owner is required to remove abandoned utility facilities because of liability, hazard, or by specific agreement with the Commission. Abandoned utility facilities can be included with the miscellaneous removals in the roadway contract. It may be possible for the utility owner to remove those portions of the utility facility for which credits will exceed removal costs, with the remainder of the utility facility to be abandoned for removal in the roadway contract. Materials removed must be itemized, with the utility owner’s customary salvage credit given. Items to be scrapped or junked should be indicated. Whenever a utility facility or portion thereof is shown to be abandoned on the plan of adjustment, the roadway plans should be notated accordingly. This eliminates ownership problems if these utility facilities are removed or salvaged by the roadway contractor.&lt;br /&gt;
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When the utility facility is no longer needed and removal is necessary to accommodate the roadway project, the removal of the item may be handled either as a right-of way-item or a utility adjustment. When handled as a right of way item, the damages allowed are to equal the depreciated value of the utility facility, with the necessary removals being accomplished by the roadway contractor. If accomplished as a utility adjustment, the Commission, by utility agreement, will reimburse the utility owner for removal costs and receive salvage credit for the material removed, up to but not exceeding removal costs.&lt;br /&gt;
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====643.2.9.3.8 Salvage of Removed Materials====&lt;br /&gt;
This statement, to explain the salvage credit or lack of credit, will reflect routine utility owner policy as well as the particular situation. The utility owner will place a value on any recovered material for salvage. District utilities staff should check this value for reasonableness. Examples of salvage statements include:&lt;br /&gt;
* Existing utility facilities to be abandoned in place, since the cost of salvaging, based on our past experience, will exceed their value.&lt;br /&gt;
* Only those items will be salvaged for which salvage credit will exceed the cost of removal and salvage.&lt;br /&gt;
* Company liability requires removal of the retired utility facilities, even though the cost of removal will exceed allowable credit for salvage.&lt;br /&gt;
* Salvage credits are in accordance with established company accounting procedures.&lt;br /&gt;
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====643.2.9.3.9 Accrued Depreciation Credits====&lt;br /&gt;
Credit is required for the accrued depreciation of a utility facility that is being replaced. Examples are a building, structure, pumping station, filtration plant, power plant, substation, or other similar operational unit. Credit for accrued depreciation will not be required for a segment of the utility&#039;s service, distribution, or transmission lines. It is also not required when the building or structure is being moved as necessitated by the highway project. Acceptable accrued depreciation credit will be determined by using the following formula:&lt;br /&gt;
:&amp;lt;math&amp;gt;\frac{Actual \; Length \; of \; Service \; of \; Replaced \; Facility \; (Years)}{Total \; Estimated \;  Service \; Life \; of \; Replaced \; Facility \; (Years)} \times Original \; Cost \; (\$) = Credit&amp;lt;/math&amp;gt;&lt;br /&gt;
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====643.2.9.3.10 Betterment Credits====&lt;br /&gt;
Betterment means the upgrading of the utility facility being relocated, made solely for the benefit of and at the election of the utility owner and is not attributable to the roadway improvement. Credit to the Commission is required for the additional costs incurred for the betterments introduced in the adjusted utility facility. No betterment credit is required for additions or improvements which are:&lt;br /&gt;
* Required by the highway project&lt;br /&gt;
* Replacement devices or materials that are of equivalent standards although not identical&lt;br /&gt;
* Replacement of devices or materials no longer regularly manufactured with next highest grade or size&lt;br /&gt;
* Required by law under governmental and appropriate regulatory commission code&lt;br /&gt;
* Required by current design practices regularly followed by the utility owner in its own work, and there is a direct benefit to the highway project&lt;br /&gt;
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====643.2.9.3.11 Overhead Costs====&lt;br /&gt;
Overhead costs are usually a percentage of the total labor cost. This item must be in accordance with the utility owner’s established accounting procedures, which in some cases may include handling costs or be a percentage of the total cost of the work involved. Additional attention to overhead costs is required when the rate is different from previously accepted rates. Occasionally, it can be difficult to obtain the necessary information at the time of the estimate to approve the overhead rates. In this situation, the estimate can be approved with exception of the overhead rates for payment. The utility owner is informed of this matter with the understanding that the overhead rates could be approved and paid with submission of appropriate supporting data and Financial Services audit review.&lt;br /&gt;
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====643.2.9.3.12 Prorating Costs====&lt;br /&gt;
The need for prorating utility adjustment costs occurs when both the Commission and the utility owner are responsible for a portion of the utility adjustment necessary to allow for highway construction, and the actual costs for reimbursement in each category cannot be explicitly determined. Generally, the following conditions require division of costs:&lt;br /&gt;
* The adjustment is considered partially reimbursable per [[#643.2.8.3_Shared_Responsibility|EPG 643.2.8.3 Shared Responsibility]]&lt;br /&gt;
* Betterments are included in the necessary adjustment of the utility facility&lt;br /&gt;
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The district utilities staff should negotiate with the utility owner’s representative to determine an equitable basis for the prorating of costs based on the characteristics of the utility adjustment necessary to allow for highway construction.&lt;br /&gt;
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====643.2.9.3.13 Costs Records====&lt;br /&gt;
The estimate should include a statement as to where the utility owner’s cost records may be reviewed. An example: &amp;quot;Company cost records will be available in our office at 2134 Industrial Avenue, Tulsa, Oklahoma&amp;quot;.&lt;br /&gt;
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====643.2.9.3.14 Other====&lt;br /&gt;
Additional statements will explain or further clarify the work that is included. Such other items may include bypasses, special equipment, need for larger utility facilities, etc.&lt;br /&gt;
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==643.2.10 Schedule==&lt;br /&gt;
Timely adjustments of utility facilities are essential for efficient completion of highway construction projects. Ideally, all utility adjustments are completed prior to a project’s Plans, Specifications, and Estimate (PS&amp;amp;E) submittal to Central Office. Depending on the specifics of the highway construction and utility adjustment necessary, early completion of the utility adjustment may not be practical. The district utilities staff should negotiate with the utility owner to determine the schedule parameters necessary for the utility adjustment. At a minimum, the utility owner should document the dates it anticipates starting and completing the work. If a utility adjustment depends upon the completion of a portion of the highway construction, the necessary milestone for starting the utility adjustment should be documented along with an anticipated number of working days to complete the utility adjustment. The schedule is included as Exhibit “C” to the agreement.&lt;br /&gt;
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==643.2.11 Pre-Audits==&lt;br /&gt;
The district utility staff performs a pre-audit review and approval prior to preparation of the agreement. A [https://epg.modot.org/forms/general_files/DE/PreAuditChecklist.docx pre-audit checklist] should be completed and saved in MoProjects.&lt;br /&gt;
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==643.2.12 Utility Agreements==&lt;br /&gt;
Whenever the Commission is responsible for the cost of the necessary adjustments to allow highway construction, an agreement is required. If a Master Reimbursable Utility Agreement (see [[#643.2.12.2_Master_Reimbursable_Utility_Agreements|EPG 643.2.12.2]]) has not been executed with the utility owner, a Project Specific Agreement (see [[#643.2.12.3_Project_Specific_Agreements|EPG 643.2.12.3]]) is executed between the utility owner and the Commission. In some cases, it may be more practical for the Commission to include adjustment of utilities into a Commission administered contract. A Utility Agreement - Actual Cost (For Utility Work That is to be Included in the Missouri Highways and Transportation Commission&#039;s Road Project) (see [[#643.2.12.4_Agreement_for_Utility_Work_Included_in_Roadway_Improvement_Project|EPG 643.2.12.4]]). Agreements include a plan of adjustment (Exhibit “A”), cost estimate (Exhibit “B”), and schedule (Exhibit “C”).&lt;br /&gt;
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The Utility Agreement boilerplate forms have been approved by the Chief Counsel’s Office (CCO). They are identified in the upper left-hand corner of each agreement by an identifier such as CCO Form: UT01 for the Master Reimbursable Utility Agreement. CCO updates these agreements as necessary. They serve as a guide in the preparation of the agreement to be executed with the utility owner for the adjustments required to their utility facilities to accommodate the proposed roadway improvement project. District utilities staff should use the latest version of the agreement found in [https://netprod3.dot.missouri/eAgreements/Search/QuickSearch eAgreements] in drafting an agreement with utility owners. A list of utility agreements and detailed information concerning the sequence for preparing and executing an agreement is available in  [[:Category:153_Agreements_and_Contracts|EPG 153 Agreements and Contracts]].&lt;br /&gt;
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These forms are to be used word for word. Revisions or additions are only made to address specific project details. The intent of each paragraph must be retained, although specific words may be revised to fit the particular situation. No paragraphs are deleted without prior approval from CCO. For guidance on acceptance of liability, refer to the [[:Category:153_Agreements_and_Contracts#153.1.1.2_Acceptance_of_Liability_Policy_(MoDOT_Access_Only)|Acceptance of Liability Policy]] at the CCO SharePoint page. Drafts of agreements having major revisions or complications are to be submitted, with supporting data, to Design Division for comment and approval.&lt;br /&gt;
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A reference to 23 CFR 645 is included in all agreements. Utility owners must be acquainted with these requirements and procedures. The incorporation of 23 CFR 645 by reference in all agreements eliminates the need for a second set of regulations to be included in the document.&lt;br /&gt;
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The agreement for the adjustment of a utility is prepared by the district utilities staff and submitted to the utility owner for execution. The agreement is based on the plan, estimate of cost which was prepared in accordance with 23 CFR 645, and schedule. Authorized individuals representing the utility owner will execute the agreement. The agreement must be signed, sealed, and if necessary, notarized by the utility owner. If the utility owner does not have or use a corporate seal, write &amp;quot;NO SEAL&amp;quot; under the signatures of the owner’s officers. Agreements with political subdivisions are to be supported by an appropriate ordinance, a copy of which is to be submitted with the executed agreements. All copies will be forwarded to the CCO for further handling. A fully executed copy of the agreement will be retained in eAgreements. If the agreement was executed using electronic signatures, the district utilities staff should forward an electronic copy of the fully executed agreement to the utility owner. If the agreement was executed using wet signatures, one (1) paper copy of the fully executed agreement will be returned by the Commission Secretary’s Office to the district utilities staff. The district utilities staff will forward this copy to the utility owner.&lt;br /&gt;
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===643.2.12.1 Buy America Build America Requirements===&lt;br /&gt;
All agreements contain information on Buy America Build America (BABA) compliance. The utility owner should select the method of certification (See [[#643.2.19_Buy_America_Build_America_for_Utilities|EPG 643.2.19]]) at the time of agreement completion. The appropriate paragraph will be inserted into the agreement. All BABA compliance documents must be retained by the utility owner and made available upon request at no cost to the Commission and/or FHWA.&lt;br /&gt;
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====643.2.12.1.1 Utility Owner Self-Certification====&lt;br /&gt;
The City/Company certifies that when determining products/materials subject to Buy America Build America requirements to use in the performance of this Agreement, it shall use only such products/materials for which it has received a certification from its supplier, or provider of construction services that procures the product/material, certifying compliance with Buy America Build America requirements. This does not include products/materials for which waivers have been granted pursuant to 23 CFR 635.410. The City/Company will not be required to provide the Commission copies of the supplier certification as part of this Agreement or with the final invoice of said Commission’s Federal-Aid Highway Construction Project.&lt;br /&gt;
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====643.2.12.1.2 Vendor/Manufacturer Certification====&lt;br /&gt;
The City/Company certifies that when determining products/materials subject to Buy America Build America requirements to use in the performance of this Agreement, it shall use only such products/materials for which it has received a certification from its supplier, or provider of construction services that procures the product/material, certifying compliance with Buy America Build America requirements. This does not include products/materials for which waivers have been granted pursuant to 23 CFR 635.410. The City/Company shall provide to the Commission all Buy America compliance documents as outlined in the Commission’s Engineering Policy Guide 643. All required compliance documents shall accompany the final invoice submitted to the Commission.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.2 Master Reimbursable Utility Agreements===&lt;br /&gt;
The UT01: Master Reimbursable Utility Agreement (MRUA) is a statewide agreement that has been executed by the utility owner and the Commission for all future reimbursable utility adjustments between both parties. Once a MRUA is executed, no other utility agreements are required on design-bid-build projects. The district utilities staff should encourage utility owners to enter into a MRUA with the Commission to reduce potential future delays in executing a project specific agreement. A list of previously executed [https://modotgov.sharepoint.com/sites/DE/Utilities/Agreements/MRUA%20-%20Existing?csf=1&amp;amp;web=1&amp;amp;e=4LJHoa Master Reimbursable Utility Agreements (Modot Access Only)] is available. District utilities staff should add newly executed agreements to this list. The MRUA can be employed as either an actual cost ([[#643.2.12.3.1_Actual_Cost_Agreements|EPG 643.2.12.3.1]]) or lump sum ([[#643.2.12.3.2_Lump_Sum_Agreements|EPG 643.2.12.3.2]]) agreement. When the reimbursable adjustment will utilize a MRUA, the district utilities staff will prepare a MRUA correspondence letter (“letter agreement”) referencing the executed MRUA. A copy of the MRUA correspondence letter should be saved in MoProjects for reference by Financial Services, the district construction office, and the district staff responsible for inspection of utility adjustments. All project specific items such as type of agreement (actual cost or lump sum), plan of adjustment, estimated total cost, cost allocation, and schedule are addressed in the MRUA correspondence letter from the district utilities staff to the utility owner. A [https://epg.modot.org/forms/general_files/DE/flowchart.pdf flowchart of the MRUA process] is available.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.3 Project Specific Agreements===&lt;br /&gt;
If a utility owner does not have a MRUA with the Commission, a project specific agreement will be required for every project for which the Commission is responsible for the necessary adjustments to allow highway construction. The project specific agreement will be either an actual cost ([[#643.2.12.3.1_Actual_Cost_Agreements|EPG 643.2.12.3.1]]) or lump sum ([[#643.2.12.3.2_Lump_Sum_Agreements|EPG 643.2.12.3.2]]) agreement.&lt;br /&gt;
&lt;br /&gt;
====643.2.12.3.1 Actual Cost Agreements====&lt;br /&gt;
The UT03: Utility Agreement – Actual Cost is used when detailed estimates are not practical or costs appear to be questionable. Details on actual cost estimates can be found at [[#643.2.9.2.1_Actual_Cost_Estimate|EPG 643.2.9.2.1 Actual Cost Estimates]]. Once the final invoice on a UT03 is submitted to Financial Services, district utilities staff should change the status on the agreement in eAgreements to completed.&lt;br /&gt;
&lt;br /&gt;
====643.2.12.3.2 Lump Sum Agreements====&lt;br /&gt;
The UT02: Utility Agreement – Lump Sum eliminates the need for keeping detailed records of cost and the auditing of cost records. Estimates of cost must be prepared in detail for use of this agreement. When detailed estimates are not practical or costs appear unreasonable, actual cost agreements are to be used. Use of special forms of agreements, such as &amp;quot;subordination agreements&amp;quot;, which are desired by certain utility owners, is acceptable. These, too, must be revised to cover the particular situation. Details on lump sum estimates can be found at [[#643.2.9.2.2_Lump_Sum_Estimates|EPG 643.2.9.2.2 Lump Sum Estimates]]. Once the final invoice on a UT02 is submitted to Financial Services, district utilities staff should change the status on the agreement in eAgreements to “completed”.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.4 Agreement for Utility Work Included in Roadway Improvement Project===&lt;br /&gt;
The UT04: Utility Agreement - Actual Cost (For Utility Work That is to be Included in the Missouri Highways and Transportation Commission&#039;s Road Project) allows for the adjustment to be based on actual cost with the roadway contractor performing the utility work. Caution should be exercised in the type of utilities to be relocated in roadway contracts. Utilities recommended are waterlines and sewer lines. Other utilities, such as gas lines, communication lines, and power lines are to be studied thoroughly before being included in the project.&lt;br /&gt;
&lt;br /&gt;
The Transportation Project Manager and district utilities staff must plan ahead to get this work in the roadway contract. The utility owner must agree to include the utility adjustment in the roadway contract. The adjustment may be on highway right of way or on private easement in the name of the utility owner. The utility owner can agree to allow MoDOT’s contractor to work in its easement. However, district utilities staff in consultation with district right of way staff should review the easement documentation to verify the utility owner’s rights to the easement and any limitations on its use. MoDOT’s contractor can work and operate on both Commission right of way and on the utility easement, even when not directly connected to the Commission right of way, as part of the job site. Temporary construction easements may be necessary in addition to the utility easement to ensure adequate working room for the contractor.&lt;br /&gt;
&lt;br /&gt;
:The utility owner may request exemption to any liability for negligence of our contractor working on their easement. The Commission can assume that liability (refer to [[:Category:153_Agreements_and_Contracts#153.1.1.2_Acceptance_of_Liability_Policy_(MoDOT_Access_Only)|Acceptance of Liability Policy]]), but it should be included in the utility agreement if so desired by the utility owner. A Job Special Provision is necessary to require the MoDOT contractor to hold the utility harmless from all claims due to contractor negligence.&lt;br /&gt;
&lt;br /&gt;
Subsurface information, i.e. boring data, etc., should be obtained by the utility owner since it may be needed for the design of the utility adjustment. This information should be included in the plans. If the utility owner must bear all or part of the cost of the adjustment, the utility owner must agree to pay a pre-deposit to the Commission prior to opening bids on the project. This should be in the utility agreement. The pre-deposit will be credited to the &amp;quot;Missouri Highway and Transportation Commission - Local Fund.&amp;quot; Any interest earned in the fund will apply to the cost of the adjustments. The utility agreement will include language that the utility will inspect the installation and assume maintenance of the utility facility after construction. MoDOT will also provide engineering supervision to be sure the road contractor is in compliance with the contract. Utility plans and specifications are to be approved by the owner prior to submittal to the Central Office. The following items will provide minimum information to allow MoDOT’s contractor to bid the work.&lt;br /&gt;
# Individual bid items (not &amp;quot;lump sum&amp;quot;) should be established to promote better bidding and to handle overruns and underruns. Bid items not included on the Computer Stored Bid Item list should be &amp;quot;99&amp;quot; numbers.&lt;br /&gt;
# he bid package must be in our letting format. If the package was prepared by a consultant as if the utility owner were going to let it, all bid bond or bidding procedures must be screened to remove requirements contrary to MoDOT letting requirements. District utilities staff should work with the Transportation Project Manager, Design Liaison Engineer, and Central Office Bidding and Contract Services to ensure this requirement is met.&lt;br /&gt;
# The specifications required by the utility owner should be reviewed for items that could cause a bid problem for our contractor. Items such as non-readily available materials or sizes should be avoided.&lt;br /&gt;
# Utility plan sheets should be .pdf files equivalent to 22 in. x 34 in. It is helpful to have a quantity sheet specifically for utility items.&lt;br /&gt;
# Any special procedures required for the utility installation should be included in the Job Special Provisions.&lt;br /&gt;
# The utility package should be submitted on-time to Central Office with other project plans.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.5 Agreement for a Utility Only Project===&lt;br /&gt;
Any of the above agreements can be modified for a utility only project separate from the roadway project. The utility only project may be done by forces hired by the utility owner or by the Commission. A separate utility only project has distinct advantages when the following occurs:&lt;br /&gt;
* The utility work is extensive&lt;br /&gt;
* It must be performed in accordance with the utility owner’s seasonal requirements&lt;br /&gt;
* It extends beyond the limits of the construction project&lt;br /&gt;
* It must be performed considerably in advance of the roadway contract&lt;br /&gt;
&lt;br /&gt;
Necessary environmental and design work is still required for the limits of the separate utility only project. It may be necessary in these cases to have a second agreement with the utility owner to cover any other work that must be performed concurrently with the roadway contract. These latter agreements will use the roadway construction job number. Early need for utility projects is to be determined at the time when the STIP is updated each year. The utility construction funds will be shown in the year right of way funds are assigned. This will be done whenever possible to secure early adjustment of utility facilities. A request by the district is sent to the Planning Division. Estimated dollar amounts for utility adjustments are needed. These are estimates and do not need to be extremely accurate. When a special utility project is established, it is preferred, if at all possible, to include all the utility adjustments necessary for the entire roadway project. If funds are available, additional agreements can be added to this utility project until the final invoice for the first completed agreement is received for payment.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.6 Supplemental Agreements===&lt;br /&gt;
For utility owners with a UT01 agreement, a supplemental letter agreement documenting the change in the scope or cost of the work is acceptable.&lt;br /&gt;
&lt;br /&gt;
The UT05: First Supplemental Agreement is used to document changes to UT02 and UT03 agreements. If changes to the scope of work occur that are anticipated to exceed $100,000 or 15% of the original agreement, a UT05 is required. If the final invoice on an actual cost adjustment without changes in the scope of work exceeds the limits shown in the table below, a UT05 is required.&lt;br /&gt;
&lt;br /&gt;
{| class=&amp;quot;wikitable&amp;quot; style=&amp;quot;margin-left: 25px; text-align:center&amp;quot;&lt;br /&gt;
! Amount in Original Actual Agreement !! Final Bill Total Exceeds Original Amount by:&lt;br /&gt;
|-&lt;br /&gt;
| 0-$25,000 || 50%&lt;br /&gt;
|-&lt;br /&gt;
| $25,000-$100,000 || 40%&lt;br /&gt;
|-	&lt;br /&gt;
| Exceeds $100,000 || 30%&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
Should multiple UT05s be required with the same utility owner, the UT05 should be modified for additional supplemental agreements. Once the final invoice on an UT05 is submitted to Financial Services, district utilities staff should change the status on the agreement in eAgreements to “completed”.&lt;br /&gt;
&lt;br /&gt;
==643.2.13 Utility Adjustments in Roadway Plans and Job Special Provisions (JSPs)==&lt;br /&gt;
It is the responsibility of the MoDOT Transportation Project Manager (TPM) to ensure utility plans of adjustment are shown on the project plans at the Plan, Specification, and Estimate (PS&amp;amp;E) stage based upon information coordinated by the district utilities staff with the appropriate utility owner.&lt;br /&gt;
&lt;br /&gt;
===643.2.13.1 Plans===&lt;br /&gt;
A legend showing all applicable utility symbols and the names of the utility owners is shown on the first special utility sheet. In the absence of special utility sheets, this information may be shown on the title sheet or the first plan and profile sheet. The following note is required to be placed on the title sheet or the first plan and profile sheet and the first special utility sheet (if used) to inform contractors of the suitability of the utility information contained on the plans.&lt;br /&gt;
&lt;br /&gt;
&amp;quot;The existence and approximate location of utility facilities known to exist, as shown on the plans, are based on the best information available to the Commission at this time. This information is provided by the Commission &amp;quot;as-is&amp;quot; and the Commission expressly disclaims any representation or warranty as to the completeness, accuracy, or suitability of the information for any use. Reliance upon this information is done at the risk and peril of the user, and the Commission shall not be liable for any damages that may arise from any error in the information&amp;quot;.&lt;br /&gt;
&lt;br /&gt;
===643.2.13.2 Job Special Provisions===&lt;br /&gt;
Since the addition of utility information on the plans, supplied by a third party, could subject the Missouri Highway and Transportation Commission to additional liability, a Utility JSP reflecting the status of utility adjustments will be required. The JSP will include the name, address, e-mail address, and telephone number of all utility owner representatives for all utility facilities located on the project. The anticipated adjustment completion date for each utility adjustment is also to be shown based on the agreed upon dates, durations, or completion dates with the utility owner’s representative. This information will inform the bidder of the status of utilities for proper work coordination that could affect the bids for the proposed highway construction project. Status notations will include general notations such as: “N/A”, “Work is in progress”, “Work has not started”, “Work is complete”, and “Work is included in contract.”&lt;br /&gt;
&lt;br /&gt;
===643.2.13.3 PS&amp;amp;E Submittal===&lt;br /&gt;
In the District Final Plans Submittal Checklist (D-12), the TPM should note any issues related to existing utility facilities or the adjustment of utility facilities either shown or not shown on the plans. Projects with “No Utility Impacts” such as some overlays, striping, bridge washing, etc. do not need a Utility Status Letter or Utility JSP. The D-12 is used for these projects. In the D-12, under Project Details – “Utilities”, the note “NO” is selected and under “Status”, select “Clear”. For all other projects, the district utilities staff will write a [https://epg.modot.org/forms/general_files/DE/utilitystatusletter Utility Status Letter]. The TPM will include the Utility Status Letter with the submittal of the final plans to the Design Division. The Utility Status will be defined as:&lt;br /&gt;
# Utility facilities are present, but no conflict is anticipated with the highway construction project. Or,&lt;br /&gt;
# All utility facilities requiring adjustment to allow highway construction have been physically adjusted on the project. Or,&lt;br /&gt;
# Utility construction work is planned or active and will be completed to such a point that no impact will be expected to the highway construction project. The status of this work is defined in the utility JSP. Or,&lt;br /&gt;
# Utility facilities are not expected to be adjusted by the notice to proceed date for the road project, but the utility work will have no impact on the progress of the highway construction project. The status of this work is defined in the utility JSP. Or,&lt;br /&gt;
# Utility facilities must be adjusted after the road contractor completes stage construction or in coordination with the contractors’ work. Details of the coordination effort required of the contractor are defined in the utility JSP to properly advise bidders. Or,&lt;br /&gt;
&lt;br /&gt;
# Utility adjustment plans and specifications are included in the bid documents for the highway construction project. A UT04 agreement must be executed.&lt;br /&gt;
&lt;br /&gt;
==643.2.14 Payment to Utility Companies for Reimbursable Work==&lt;br /&gt;
Authorization and federal funding obligation must be approved prior to incurring costs. This applies to all types of work on utility facilities including preliminary engineering. An obligation is a commitment by the federal government to reimburse MoDOT for the federal share of a project’s eligible cost.&lt;br /&gt;
&lt;br /&gt;
===643.2.14.1 Obligation Process===&lt;br /&gt;
Federal funding can be used with both lump sum and actual cost agreements. After the utility agreement is fully executed, the district utilities staff will email a copy of the utility agreement or the letter agreement referencing the MRUA to the email group OBLIGATE. This email should request the authorization authority for use of federal funds and to be informed of a Notice to Proceed (NTP) (see [[#643.2.15_Notice_to_Proceed|EPG 643.2.15]]) date by Financial Services once federal funding has been obligated. District utilities staff should allow three (3) weeks to receive the NTP. Financial Services will use Advance Construction (AC) funding to fund reimbursement to utility owners. With AC funding, state funds initially are used to pay for reimbursement to utility owners. Once construction is complete, with appropriate documentation of the work via the [https://epg.modot.org/forms/general_files/DE/C-9.docx C-9] and [https://epg.modot.org/forms/general_files/DE/C-13.docx C-13], Financial Services will convert to federal funding.&lt;br /&gt;
&lt;br /&gt;
===643.2.14.2 Preliminary Engineering===&lt;br /&gt;
On occasion, preliminary engineering (PE) may need to be undertaken by the utility owner prior to the execution of a utility agreement. If a utility owner has a MRUA, an estimate of the cost of the PE work by the utility owner may be used to obligate funding for preliminary engineering under the MRUA as a PE only letter agreement. If a lump sum or actual cost agreement will be required with the utility owner for the project, district utilities staff should do two (2) agreements with one agreement covering PE only, and once a design for the adjustment is obtained, a second agreement for the construction of the adjustment should be executed. If a separate PE only agreement is obtained, NTP will need to be issued twice to the utility owner: once for PE and once for construction.&lt;br /&gt;
&lt;br /&gt;
===643.2.14.3 Right of Way===&lt;br /&gt;
Once Notice to Proceed has been given, the utility owner may begin the right of way acquisition process. If the utility owner needs to acquire right of way prior to a full agreement for relocation has been negotiated, the agreement specifically for the acquisition of right of way should be executed. This agreement will be sent to Financial Services to begin the obligation process.&lt;br /&gt;
&lt;br /&gt;
===643.2.14.4 Construction===&lt;br /&gt;
Payment to utility owners for construction of the adjustment may occur in a number of phases.&lt;br /&gt;
&lt;br /&gt;
====643.2.14.4.1 Prepayment====&lt;br /&gt;
Per the utility agreement, the Commission allows utility owners to be prepaid prior to commencing work. The district utilities staff may negotiate the prepayment if the utility owner is receptive. The utility owner will submit a request for prepayment with an invoice prior to any prepayment. Route, county, and job number must be included in the request. The district utilities staff will submit a request to Financial Services with a copy saved in MoProjects for future reference by the district staff responsible for inspection of the utility adjustment.&lt;br /&gt;
&lt;br /&gt;
====643.2.14.4.2 Progress Payments====&lt;br /&gt;
If a utility owner has not been prepaid the entire estimated amount in the utility agreement, then the utility owner may request progress payments after completing a portion of the proposed work, including PE.&lt;br /&gt;
&lt;br /&gt;
Progress payments for PE by consultants should not exceed the &amp;quot;maximum not to exceed amount&amp;quot; shown in the cost estimate unless additional costs are approved first by district utilities staff.&lt;br /&gt;
&lt;br /&gt;
For progress payments, the utility owner is required to submit only a summary of work and materials for which payment is claimed, not a detailed billing. District utilities staff should check only to be sure that sufficient work has been done to justify making the requested payment. Payment should be made for allowable costs incurred up to the date of the progress payment request.&lt;br /&gt;
&lt;br /&gt;
Progress payment invoices do not relieve the utility owner of the responsibility of submitting one complete and final invoice upon completion of the adjustment. The utility owner’s address must be shown on the invoice. The district utilities staff should submit progress payment invoices and applicable C-9s to Financial Services within one (1) week of receipt of invoice.&lt;br /&gt;
&lt;br /&gt;
One copy of the progress payment and one copy of the district utilities staff letter of recommendation must be sent to Financial Services for payment and be stored in MoProjects. The cover memo should include the project number, route, county, actual cost or lump sum utility agreement, Commission obligation percentage, total cost estimate of Commission obligation, and indicate the progress payment number, i.e., progress payment number 1, 2, 3, etc. If more than one progress payment is requested by the utility company, the district should submit progress payment bills to Financial Services in the following format:&lt;br /&gt;
{| class=&amp;quot;wikitable&amp;quot; style=&amp;quot;margin-left: 25px; text-align:center&amp;quot;&lt;br /&gt;
! Payment !! Amount&lt;br /&gt;
|-&lt;br /&gt;
| Progress Payment #1 || $50,000&lt;br /&gt;
|-&lt;br /&gt;
| Progress Payment #2 || 10,000&lt;br /&gt;
|-	&lt;br /&gt;
| Total Payment to Date || $60,000&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
This format will help clarify payment history with the utility owner. Progress payments for actual cost utility agreements may not exceed the Commission&#039;s total estimated cost shown in the agreement. However, if the request for a progress payment exceeds the original estimate, a change order with explanation should accompany the request. (See [[#643.2.16.5_Change_Orders|EPG 643.2.16.5 Change Orders]].)&lt;br /&gt;
&lt;br /&gt;
====643.2.14.4.3 Final Payment====&lt;br /&gt;
Utility owners are required to submit a detailed final invoice to MoDOT for all actual cost reimbursable utility work and for any lump sum reimbursable utility work that was not prepaid. For prepaid lump agreements, the utility owner must submit a zero-dollar ($0) invoice to demonstrate the work has been completed. After the utility work has been fully completed, the district utilities staff responsible for inspection should send the utility owner a “60 Day” [https://epg.modot.org/forms/general_files/DE/FinalInvoiceLetter.docx Final Acceptance Letter] requesting a complete final invoice within 60 days, as detailed in the utility agreement. If the final invoice is not received from the utility owner within 30 days, then a follow up letter should be sent (i.e., “30 Day” [https://epg.modot.org/forms/general_files/DE/FinalInvoiceReminderLetter.docx Reminder Final Invoice Letter]) reminding the utility owner of its obligation to submit a final invoice within 60 days of the completed work. If a final invoice from the utility owner is not received within this timeframe, then the district utilities staff should contact the Design Liaison Engineer for guidance on how to close out the work.&lt;br /&gt;
&lt;br /&gt;
The district utilities staff is expected to check the final bill within two (2) weeks after receipt in as much detail as possible against the C-9. It is their responsibility to verify from field records the quantities of labor, equipment, material used, material retired, and to justify all changes made. If the utility owner’s contractor made the adjustment at unit cost prices, then it is the district utility staff’s responsibility to verify the number of units completed and not the hours of labor and equipment. It is also important for the utility owner to show the words “final bill” or “final invoice” on the last bill, in order for MoDOT to understand that no additional charges will be made on the adjustment. The final bill must show a general description of the utility adjustment, the highway project number, the date on which work was completed or last item of billed expense was incurred, and the location where records can be audited. The order of items in the final statement should follow as closely as possible the order of items in the original estimate. A summary, on the utility owner’s letterhead, of the total cost of preliminary engineering, construction engineering, right of way, labor, overhead, construction travel expense, transportation, equipment, materials, supply, handling, and salvage credits should be shown in a way that will permit direct comparison with the approved estimate from the original or supplemental agreements (see [[#643.2.12.6_Supplemental_Agreements|EPG 643.2.12.6]]).&lt;br /&gt;
&lt;br /&gt;
If the Actual Cost final invoice shows a much higher cost than the original estimate without scope change, the utility owner is required to give reasons in a letter to the district utilities staff explaining why the invoice cost increased. When the Actual Cost final invoice exceeds the amount shown in the table in [[#643.2.12.6_Supplemental_Agreements|EPG 643.2.12.6]], a supplemental agreement is required.&lt;br /&gt;
&lt;br /&gt;
When the district utilities staff has determined that the final invoice is accurate, the C-13 should be completed. Once the C-13 is completed, the C-13 and the final invoice from the utility owner are forward to Financial Services. For Actual Cost agreements, the C-9s should also be included in this transmittal. If no additional payments are required, the district utilities staff should note this in the transmittal as well. If the final invoice indicates previous payments to a utility owner exceeded the final invoice, the utility owner will need to send MoDOT a check for the overpayment amount. The check should be made payable to Director of Revenue – Credit State Road Fund. If the utility owner did not send MoDOT an overpayment check with the final invoice, district utilities staff should send a letter to the utility owner requesting the refund amount. Submittal of the final invoice to Financial Services should not occur until repayment has been received. The submittal to Financial Services should note the receipt of the repayment check.&lt;br /&gt;
&lt;br /&gt;
==643.2.15 Notice to Proceed==&lt;br /&gt;
For PE only, once an agreement has been executed, and Financial Services has advised that authorization from FHWA has been received, district utilities staff will issue a notice to proceed (NTP) letter to the utility owner for the PE. For agreements that include PE and construction or once a final agreement for construction has been executed, right of way clearance has been issued, and Financial Services has advised that authorization from FHWA has been received, the district utilities staff will issue NTP to the utility owner for construction. See [https://epg.modot.org/forms/general_files/DE/NoticeToProceedExampleLetter.docx Example of Notice to Proceed Letter]. If salvage credit is part of the agreement with the utility owner, the NTP letter should include a statement that the utility owner will need to inform district utilities staff of the time and place that inspection may be made of the removed material. The utility owner may be held accountable for full value of materials disposed without proper notice. Utility owners may purchase materials prior to NTP for construction; however, no other work on the adjustment necessary to allow highway construction may begin prior to NTP for construction. The utility owner, for reasons of planning their workload or due to seasonal situations, may request early authorization to perform the work. This request, with the district utilities staff recommendations, is sent to the Design Liaison Engineer for further handling, approval, and advancement of the necessary funds. A copy of the NTP should be saved in MoProjects. If a utility owner begins adjustments prior to NTP for construction, district utilities staff should notify the utility owner immediately in writing that reimbursement will not be made for work done prior to NTP for construction.&lt;br /&gt;
&lt;br /&gt;
==643.2.16 Construction of Utility Adjustments==&lt;br /&gt;
===643.2.16.1 Utility Owner Self-Perform===&lt;br /&gt;
As per 23 CFR 645.115 Construction, it may be cost-effective for certain utility adjustments to be performed by a utility owner with its own internal forces and equipment, provided the utility owner is qualified to perform the work in a satisfactory manner. This cost-effectiveness finding covers minor work on the utility owner’s existing utility facilities routinely performed by the utility owner with its own forces.&lt;br /&gt;
&lt;br /&gt;
===643.2.16.2 Construction Contract Requirements===&lt;br /&gt;
When the utility owner is not adequately staffed and equipped to perform such work with its own forces and equipment at a time convenient to coordination with the associated highway construction, such work may be done one of four ways for utility adjustments:&lt;br /&gt;
# MoDOT can provide the construction services, via awarded contract to the lowest qualified bidder based on appropriate solicitation. This can be done by including the adjustment work in the roadway improvement project ([[#643.2.14_Payment_to_Utility_Companies_for_Reimbursable_Work|EPG 643.2.12.4 Utility Agreement for Utility Work Included in Roadway Improvement Project]]) or by having a utility only project ([[#643.2.12.5_Agreement_for_a_Utility_Only_Project|EPG 643.2.12.5 Utility Only Project]]).&lt;br /&gt;
# The utility owner can award a construction contract to the lowest qualified bidder based on appropriate solicitation.&lt;br /&gt;
# The utility owner can utilize an existing continuing contract, provided the costs are reasonable (see [[#643.2.9.1_Independent_Cost_Estimate|EPG 643.2.9.1 Independent Cost Estimate]]).&lt;br /&gt;
# The utility owner can contract for low-cost incidental work, such as tree trimming and the like, without competitive bidding, provided the costs are reasonable (see [[#643.2.9.1_Independent_Cost_Estimate|EPG 643.2.9.1 Independent Cost Estimate]]).&lt;br /&gt;
&lt;br /&gt;
When a utility owner chooses option 2 to award its own new construction contract, the utility owner must provide the following documents and information to the district utilities staff. These documents need to be provided as soon as the utility owner has chosen to pursue a construction contract. Document 1 must be supplied by all utility owners. Documents 2 and 3 are only required when the utility owner is a local government agency who is also a political subdivision of the state of Missouri (e.g., city-owned utilities, county-owned utilities). All other utility owners are encouraged, but not required, to provide Documents 2 and 3.&lt;br /&gt;
# A statement that the utility owner is not staffed or able to perform the required construction activities with its own forces.&lt;br /&gt;
# A copy of the request for proposal used to secure bids.&lt;br /&gt;
# A list of a minimum of 3 bidders whom they believe can do the work. &#039;&#039;&#039;Political subdivisions are required to advertise for the work&#039;&#039;&#039;.&lt;br /&gt;
# Upon review of these documents, the district utilities staff will advise the utility owner to proceed with the solicitation of bids, but the utility owner will not be permitted to award the contract without the concurrence of district utilities staff. For lump sum agreements, approval of contract work and subcontract work is not required.&lt;br /&gt;
&lt;br /&gt;
The following documents need to be provided as soon as the utility owner has determined the lowest qualified contractor and would like to award the project. Document 1 must be supplied by all utility owners. Document 2 is only required when the utility owner is a local government agency who is also a political subdivision of the state of Missouri (e.g., city-owned utilities, county-owned utilities). All other utility owners are encouraged, but not required, to provide Document 2.&lt;br /&gt;
# The name address of the lowest qualified contractor.&lt;br /&gt;
# The tabulation of bids received and other information to support their recommendation for award to the lowest qualified bidder.&lt;br /&gt;
&lt;br /&gt;
The district utilities staff will review and approve the utility owner&#039;s bid information prior to the award of the contract. The Design Liaison Engineer is available to assist the district with review of bid information if necessary. Once the district utilities staff provides concurrence, the utility owner may proceed with awarding the contract. When the utility owner is a local government agency who is also a political subdivision of the state of Missouri (e.g., city-owned utilities, county-owned utilities), a copy of the executed contract must be shared with the district utilities staff. All other utility owners are encouraged, but not required, to provide a copy of the executed contract.&lt;br /&gt;
&lt;br /&gt;
A [https://epg.modot.org/forms/general_forms/DE/UtilityConsultantContractChecklist.docx checklist is available for reviewing contracts] to ensure the contract conforms to MoDOT policy and complies with applicable federal regulations.&lt;br /&gt;
&lt;br /&gt;
When a utility owner chooses to utilize an existing continuing contract, the utility owner will submit a copy of the contract to the district utilities staff. The district utilities staff will review the contract for reasonableness of cost. If district utilities staff and the utility owner’s representative cannot agree on the reasonableness of cost, then the utility owner will be required to award a new construction contract.&lt;br /&gt;
&lt;br /&gt;
===643.2.16.3 Inspection===&lt;br /&gt;
The degree of inspection needed for utility adjustments will vary considerably with the nature and location of the work and whether the Commission is responsible for any portion of the cost of reimbursement. Judgment must be used regarding the manner and regularity of inspection duties. Some phases of the work require a very close check to ensure that the highway will not be adversely affected and to ensure satisfactory performance of work in accordance with the agreement and plans. The degree of inspection may vary from spot checking of overhead installations to continuous close observation of backfilling trenches beneath proposed pavement, embankment area, or adjacent to bridge abutments. Proper inspection can ensure that the utility adjustment is completed as efficiently as possible to minimize future impacts to the utility facility and the highway construction project. A [https://epg.modot.org/forms/general_files/DE/UtilityFieldInspectionChecklist.docx Field Inspection Checklist] to assist district utilities staff responsible for inspection is available.&lt;br /&gt;
&lt;br /&gt;
If it is found that any actual cost reimbursable utility adjustment is being performed by unapproved contractors, district utilities staff should direct the work to stop. The utility owner’s representative should be informed immediately and should be advised in writing that the costs incurred by an unapproved contractor are not eligible for reimbursement under provisions of the agreement. The district utilities staff can take appropriate steps to approve a subcontract and advise when the utility owner can recommence work.&lt;br /&gt;
&lt;br /&gt;
===643.2.16.4 Documentation===&lt;br /&gt;
All documents related to the construction of the utility adjustment necessary to allow highway construction should be stored in MoProjects.&lt;br /&gt;
&lt;br /&gt;
Construction records must be kept to confirm that work is done in accordance with the terms of the agreement and in the manner proposed in the plans. The importance of a complete and accurate record cannot be overemphasized. Detailed records are necessary to support the recommendation for payment of the final invoice. A complete, separate daily record must be kept on each actual cost adjustment and submitted for review when the final invoice is recommended for payment. This district utilities staff responsible for inspection should complete the Daily Utility Report (C-9).&lt;br /&gt;
&lt;br /&gt;
====643.2.16.4.1 Utility Reports====&lt;br /&gt;
The Daily Utility Report ([https://epg.modot.org/forms/general_files/DE/C-9.docx Form C-9]) and the Final Utility Report ([https://epg.modot.org/forms/general_files/DE/C-13.docx Form C-13]) are used for documenting utility adjustments necessary to allow highway construction. The use of C-9s and C-13s will vary with method of reimbursement. For utility adjustments necessary to allow highway construction that overlap with the highway contractor’s work, progress records should be kept as necessary to coordinate the highway and utility construction activities. Sufficient records must be maintained to check and verify the items of labor, equipment, materials, and salvaged items as submitted on the final invoice.&lt;br /&gt;
&lt;br /&gt;
=====643.2.16.4.1.1 Daily Utility Report (C-9)=====&lt;br /&gt;
C-9s are only required for actual cost agreements. The district utilities staff responsible for inspection must in all cases keep records to document inclement weather, down time, and verbal authorization for minor changes. The district utilities staff responsible for inspection must complete a C-9 documenting the number and classification of employees and number of hours worked. Records of material used and of retired materials returned to stock or scrapped must be kept. The utility owner’s major items of equipment must also be recorded. When work is done by the contract method based on unit prices, the district utilities staff responsible for inspection should ascertain that units of work as provided in the bid proposal are measured and recorded to form a basis for checking the final invoice. C-9s should list the location and the number of units of work accomplished for that period. If contract labor or equipment is used by a utility owner on the basis of a bid per hour, per day, etc., it will be necessary to keep records on this labor or equipment time in the same manner as if the utility owner were performing the work with its own internal forces. District utilities staff responsible for inspection should also note all contractors working for the utility owner and the contractor approval authorization dates given in the agreement.&lt;br /&gt;
&lt;br /&gt;
=====643.2.16.4.1.2 Final Utility Report (C-13)=====&lt;br /&gt;
C-13s summarize that the utility adjustment work that was done in accordance with the agreement and plans, the percentage of total cost that is the responsibility of the Commission, and any progress payments that have been made. A C-13 is required for both actual cost and lump sum agreements. The requested numbers shown on line 9 (Commission Estimated Cost) and line 10 (Amount of Final Bill) in the report are the Commission’s total responsibility.&lt;br /&gt;
&lt;br /&gt;
====643.2.16.4.2 Breakdown and Emergency====&lt;br /&gt;
When breakdown and emergency situations occur, prior approval by MoDOT is not required for contract or equipment rental work unless the cost or period of time will be extensive. The utility owner should furnish a letter as soon as possible to explain the situation and set out the estimated costs involved. The district utilities staff’s records should substantiate the need and the changes for personnel and equipment.&lt;br /&gt;
&lt;br /&gt;
====643.2.16.4.3 Stop Work====&lt;br /&gt;
If at any point, a stop work order is given by MoDOT to a utility owner, written documentation of the stop work order should be saved in MoProjects.&lt;br /&gt;
&lt;br /&gt;
===643.2.16.5 Change Orders===&lt;br /&gt;
Any change in the plan of adjustment should be documented in writing to the utility owner as a change order. If the change order is anticipated to exceed $100,000 or 15% of the original agreement amount, district utilities staff should negotiate a supplemental agreement with the utility owner’s representative. Once a supplemental agreement is in place, district utilities staff should contact Financial Services to obtain an adjustment of the obligation mid-project. Change orders without supplemental agreements will be settled once the project is complete.&lt;br /&gt;
&lt;br /&gt;
====643.2.16.5.1 Actual Cost Agreement====&lt;br /&gt;
Slight modifications in quantities or the addition of minor items not included with the original agreement do not require a supplemental agreement. However, such changes should be documented in writing with the utility owner. A supplemental agreement is needed if costs exceed the above threshold or if there is a change in the percentage of cost that is the Commission’s responsibility on an agreement with shared responsibility for costs. Intermediate partial payments cannot be made on items in a supplemental agreement until the supplemental agreement is approved.&lt;br /&gt;
&lt;br /&gt;
====643.2.16.5.2 Lump Sum Agreement====&lt;br /&gt;
A supplemental agreement to a Lump Sum Agreement is only required for significant changes in the scope of work of the utility adjustment necessary to allow highway construction. Normal overruns are not considered as changes in approved work and will not be reimbursed. Significant changes in the scope of work on utility adjustments necessary to allow highway construction cannot be done until the supplemental agreement is approved, and the adjustment in obligation of funds is complete.&lt;br /&gt;
&lt;br /&gt;
==643.2.17 Utilities during Highway Construction==&lt;br /&gt;
The contractor is responsible for having utilities located by contacting Missouri One-Call (811) prior to any excavation on the project. A reminder of this responsibility should be made at the preconstruction meeting.&lt;br /&gt;
&lt;br /&gt;
===643.2.17.1 Preconstruction Meeting (Pre-Con)===&lt;br /&gt;
District utilities staff should be invited to all pre-cons.&lt;br /&gt;
&lt;br /&gt;
Pre-cons fall into three categories relating to utilities:&lt;br /&gt;
# No utility adjustments are anticipated within the project limits,&lt;br /&gt;
# All utility adjustments completed prior to the pre-con, and&lt;br /&gt;
# All utility adjustments not completed prior to the pre-con.&lt;br /&gt;
&lt;br /&gt;
====643.2.17.1.1 No Utility Adjustments Anticipated within the Project Limits====&lt;br /&gt;
For projects without a Utility Job Special Provision (JSP), no involvement of the utility owners is required at the pre-con. For projects with a Utility JSP, the Resident Engineer (RE) should invite all utility owner representatives listed in the JSP with known required adjustment to the pre-con. The RE should review potential impacts of the highway construction project with the contractor and the utility owner.&lt;br /&gt;
&lt;br /&gt;
====643.2.17.1.2 All Utility Adjustments Completed Prior to the Pre-Con====&lt;br /&gt;
The RE should invite all utility owner representatives listed in the JSP with known required adjustment to the pre-con. The RE should review potential impacts of the highway construction project with the contractor and the utility owner. A general discussion should highlight the previous adjustments made by the utility owner and what abandoned utility facilities the contractor may encounter.&lt;br /&gt;
&lt;br /&gt;
====643.2.17.1.3 All Utility Adjustments Not Completed Prior to the Pre-Con====&lt;br /&gt;
It is important for the RE and inspector to understand the utility owner’s work schedule and how it relates to the contractor’s work schedule. During the pre-con, the schedule of the utility owner and highway construction contractor should be discussed, and conflicts should be addressed to allow utility adjustments and highway construction to progress as near to the proposed schedule as possible. On large-scale projects that have many utility issues to address that could impact the work of the highway construction contractor, it may be necessary to have a separate pre-con with utility owner representatives.&lt;br /&gt;
&lt;br /&gt;
===643.2.17.2 Coordination Meetings===&lt;br /&gt;
When the utility work will not be completed soon after the preconstruction meeting, the RE should meet with district utilities staff, the highway construction contractor, and the utility owner representatives on a regular basis to discuss utility coordination issues, so expectations from all parties are known and conveyed clearly. The utility owner may need some work performed by MoDOT or the highway construction contractor prior to completing their adjustments. (Examples include: survey staking of right of way or proposed facilities, trees cleared, grading performed, or new structures built).&lt;br /&gt;
&lt;br /&gt;
==643.2.18 Service Drops==&lt;br /&gt;
Power and communication services provided by utility owners are necessary for the operation of the highway system. These services may include power to traffic signals, lighting, or ITS devices; power for cathodic protection; or telecommunication services to signal controllers or ITS devices. The project design teams should work with district utilities staff to identify proper locations for the applicable utility owners to provide these services. Various utility owners have different requirements for this process. The district utilities staff is encouraged to develop a workable relationship with the utility owners who provide these services to MoDOT. The costs of installing the services charged by the utility owner are considered a non-contractual item and should be accounted for in the project’s budget in the STIP. The proposed location and method for the service drops should be shown on the roadway plans. District utilities staff should meet with the utility owner’s representative to ensure the proposed location can be accommodated by the utility owner. For electrical service connections, the power supply assembly is ideally located a maximum of ten feet (10’) from the source location. Plans submitted for PS&amp;amp;E should reflect the agreed upon location for all service connections. During construction, district utilities staff and district construction staff should work together to ensure the placement of the services is consistent with the project plans. Payment for the service drops should be invoiced by the utility owner to the district. District utilities staff is responsible for submission of the invoice directly to Financial Services for payment noting the non-contractual charges for the project.&lt;br /&gt;
&lt;br /&gt;
==643.2.19 Buy America Build America for Utilities==&lt;br /&gt;
FHWA’s Buy America Build America (BABA) policies require a domestic manufacturing process for all steel or iron products, other construction materials, and manufactured products that are permanently incorporated into Federal-Aid Highway construction projects, including products and materials used for adjustments to utility facilities to allow highway construction. These guidelines are for all federally reimbursable transportation projects where FHWA is the lead federal agency; it does not take precedence over projects where Federal Transit Administration or the Federal Railroad Administration is deemed the be the lead federal agency.&lt;br /&gt;
&lt;br /&gt;
===643.2.19.1 Program Requirements for Utilities===&lt;br /&gt;
All MoDOT projects are federal-aid projects, and therefore, all reimbursable utility adjustments are required to follow the provisions of BABA. More information on MoDOT’s BABA policy and procedures can be found in [[106.9_Buy_America_Requirement|EPG 106.9 Buy America Requirement]]. Specifically, utility owners should be aware of the following procedures for determining applicability of the EPG 106.9 requirements to reimbursable utility adjustments necessary to allow highway construction:&lt;br /&gt;
* BABA does not apply when materials are relocated from one location to another within the project limits.&lt;br /&gt;
* BABA does not apply for materials necessary for temporary utility adjustments assuming materials are removed from the right of way upon completion of the utility adjustment to allow highway construction.&lt;br /&gt;
* Non-reimbursable work must be kept separate from reimbursable work (agreements, permits, etc.) in order to not be subject to BABA.&lt;br /&gt;
&lt;br /&gt;
===643.2.19.2 Certification Requirements for Utilities===&lt;br /&gt;
Utility owners have the option of choosing either to self-certify BABA compliance or provide vendor/manufacturer certification to MoDOT. The method of certification is chosen by the utility owner and is documented in either the MRUA or the project specific agreement. Regardless of agreement type or certification method, the utility owner must be compliant with BABA requirements.&lt;br /&gt;
&lt;br /&gt;
====643.2.19.2.1 BABA Utility Owner Self-Certification====&lt;br /&gt;
If a utility owner chooses to self-certify BABA compliance, the utility owner is not required to provide MoDOT copies of the supplier certification as part of the project documentation or with the final invoice for any reimbursable utility adjustment necessary to allow highway construction. Retention of all documents should be as described in the agreement.&lt;br /&gt;
&lt;br /&gt;
====643.2.19.2.2 BABA Vendor/Manufacturer Certification====&lt;br /&gt;
If a utility owner chooses to use vendor/manufacturer certification, the utility owner will supply MoDOT BABA compliance from all vendors and/or manufacturers. Certification from vendors will be signed by an authorized representative of the vendor on company letterhead or other acceptable documentation and will declare that all supplied materials subject to BABA requirements are fully compliant. Certification from iron or steel manufacturers must be in the form of a mill test report (MTF) issued and signed by the initial fabricator stating the materials subject to BABA were melted and manufactured in the United States. Other written statements on company letter or other acceptable documentation signed by an authorized representative of the manufacturer for any additional treatment to the fabricated material (such as blasting, galvanizing, painting, or coating) will state that all treatment processes occurred in the United States according to FWA guidelines. Retention of all documents should be as described in the agreement. Manufacturer certification for manufactured products or construction materials will state that all materials were sourced from the United States and were fabricated in the United States. Retention of all documents should be as described in the agreement.&lt;br /&gt;
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&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643.4 Railroads (NO CHANGE) &#039;&#039;PAGE TITLE&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;&lt;br /&gt;
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==236.5.12 Excess Land Conveyances &amp;amp; Relinquishments - Utilities==&lt;br /&gt;
All conveyances and relinquishments of Commission-owned property shall be evaluated for the existence of any utility facilities located within the areas to be conveyed or relinquished. A conveyance or relinquishment of Commission-owned property may have implications to the utility facilities, and the utility owners, when the Commission no longer controls the property. It is important to maintain the continuity of utility facilities for the general public; therefore, to identify and minimize potential impacts, MoDOT shall involve utility owners in the conveyance and relinquishment processes.&lt;br /&gt;
&lt;br /&gt;
===236.5.12.1 Excess Land Conveyances Utilities===&lt;br /&gt;
MoDOT shall only recommend that a property be declared excess upon satisfactorily addressing the utility impacts. Whether MoDOT or an external party initiates the conveyance of excess property, utility impacts shall be adequately addressed by using one of the following methods: &lt;br /&gt;
:1. Each utility facility will be relocated by permit into a new utility corridor retained by the Commission.&lt;br /&gt;
:2. Each utility facility will remain in place with the benefit of a non-exclusive permanent utility easement.&lt;br /&gt;
::&#039;&#039;If the Commission holds fee simple title to the property, the Commission shall convey a non-exclusive permanent utility easement to each utility owner&#039;&#039;.&lt;br /&gt;
::&#039;&#039;If the Commission holds a less than fee simple title interest in the property, MoDOT shall facilitate the conveyance of a non-exclusive permanent utility easement from the party acquiring the property to each utility owner&#039;&#039;.&lt;br /&gt;
:3. Each utility facility will be relocated to another portion of the property being conveyed.&lt;br /&gt;
::&#039;&#039;If the Commission holds fee simple title to the property, the Commission shall convey a non-exclusive permanent utility easement to each utility owner&#039;&#039;. &lt;br /&gt;
::&#039;&#039;If the Commission holds a less than fee simple title interest in the property, MoDOT shall facilitate the conveyance of a non-exclusive permanent utility easement from the party acquiring the property to each utility owner&#039;&#039;.&lt;br /&gt;
:4. Each utility facility will be relocated onto a portion of the property already owned by the party acquiring the Commission-owned property, with the benefit of a non-exclusive permanent easement. (MoDOT shall facilitate the conveyance of a non-exclusive permanent utility easement from the party acquiring the property to each utility owner.)&lt;br /&gt;
:5. A three-party negotiated settlement taking into consideration the overall value of the proposed transaction.&lt;br /&gt;
:6. Additional options to address utility impacts may be utilized with approval from the Asst. to the State Design Engineer - Right of Way.&lt;br /&gt;
&lt;br /&gt;
===236.5.12.2 Road Relinquishment Utilities===&lt;br /&gt;
MoDOT shall only recommend the relinquishment of roadways through the [[236.14 Change in Route Status Report|Change in Route Status Report]] upon satisfactorily addressing the impacts to utility facilities. If the roadway will be relinquished to a local public transportation authority, with the intent that it continues to be used as a public roadway, a clause similar to the following shall be included in the deed from the Commission to the local public transportation authority:&lt;br /&gt;
:&#039;&#039;&amp;quot;Grantee, by acceptance of this conveyance, covenants and agrees for itself, its successors and assigns, to allow known or unknown utility facilities currently located on the property, whether of record or not, to remain on the property, and to grant the current and subsequent owners of those facilities the right to maintain, construct and reconstruct the facilities and their appurtenances over, under, and across the land herein conveyed, along with the right of ingress and egress across the land herein conveyed to and from those utilities.&amp;quot;&#039;&#039; &lt;br /&gt;
&lt;br /&gt;
Proposed roadway relinquishments to private entities shall be reviewed in a manner consistent with the conveyance of excess property described in [[236.5 Property Management#236.5.3 Asset Management Committee|EPG 236.5.3 Asset Management Committee]].&lt;/div&gt;</summary>
		<author><name>Hoskir</name></author>
	</entry>
	<entry>
		<id>https://epg.modot.org/index.php?title=User:Hoskir/Revision_Request_4225&amp;diff=58902</id>
		<title>User:Hoskir/Revision Request 4225</title>
		<link rel="alternate" type="text/html" href="https://epg.modot.org/index.php?title=User:Hoskir/Revision_Request_4225&amp;diff=58902"/>
		<updated>2026-06-26T12:51:01Z</updated>

		<summary type="html">&lt;p&gt;Hoskir: /* 643.1.7.1.2 Crossings */&lt;/p&gt;
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| ● [https://www.ecfr.gov/current/title-23/chapter-I/subchapter-G/part-64523 CFR 645]&lt;br /&gt;
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| ● [https://www.sos.mo.gov/cmsimages/adrules/csr/current/7csr/7c10-3.pdf7 CSR 10-30]&lt;br /&gt;
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&#039;&#039;&#039;Utility Accommodation Policy:&#039;&#039;&#039; State DOTs are required to develop policies and procedures pertaining to the use, accommodation, and/or relocation of public and private utility facilities on highway rights-of way using Federal-aid highway funds. State DOTs are required to develop, maintain, and obtain FHWA approval of their Utility Accommodation Policy (UAP) (23 CFR section 645.215). This EPG article 643 and subarticles 643.1 through 643.3 are Missouri Department of Transportation (MoDOT)’s Utility Accommodation Policy. Text in EPG 643 consolidates various federal and state statutes and rules into a single, cohesive, workable policy to outline processes for MoDOT staff and utility owners.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Delegation of Work:&#039;&#039;&#039; Each MoDOT district is responsible for ensuring implementation of the UAP outlined in the subsequent EPG articles. Each district can create its own organization for whom is responsible for the work including between divisions and job titles. Work responsibilities within this article and subarticles are generic where possible. If a specific title is included, that title has sole responsibility for that item of work.&lt;br /&gt;
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[[media:144 Major Highway System 2022.pdf|major routes]]&lt;br /&gt;
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&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643.1 Utility Location  &#039;&#039;PAGE TITLE&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt; &lt;br /&gt;
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The information in this article provides a uniform system for regulating the location, construction, maintenance, removal, and relocation of utility facilities on the right of way of roadways located on the state highway system. It also provides for the facilitation of construction and maintenance of these roadways. Any location or relocation of utility facilities contrary to this information is an interference with the construction, maintenance, or operation of a state highway and its right of way and is prohibited.&lt;br /&gt;
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==643.1.1 Permits==&lt;br /&gt;
All utility owners are required to obtain a permit to work on Missouri Highway and Transportation Commission (Commission) right of way. A permit is required for original installation of the utility facility, on-going maintenance of the utility facility, or adjustments to a utility facility necessary to allow highway construction. Per [[127.29_Stormwater#127.29.4.3_MCM_3:_Illicit_Discharge_Detection_and_Elimination_(IDDE)_Program|EPG 127.29.4.3]], discharges of anything other than stormwater are not permitted. A deposit or bond is required to ensure completion of the work in accordance with the permit issued. An [https://www.modot.org/permits application for a permit] may be made on established forms specifically stating the nature of the work to be performed. Applications for permits may be obtained at any of the [https://www.modot.mo.gov/ seven (7) district highway offices] of the Commission, [https://www.modot.mo.gov/ MoDOT&#039;s website], or by requesting it from the office of the Missouri Highways and Transportation Commission in Jefferson City, Missouri. The application for a permit will specifically state the nature of the work to be performed, what specific type of utility facility is to be installed, and, if necessary, the timeframe of any temporary use. Piping of any type of sewage or waste will only be allowed providing any permitting by a regulatory agency, such as Missouri Department of Natural Resources, can be provided. Prior to obtaining a permit through MoDOT’s permit system, a utility owner will be required to provide a bond to ensure satisfactory work and complete a TR50 Electronic Signature Agreement with the Commission. The name of the utility owner must match on the bond, TR50, and in the permit system. More information on permitting can be found in [[:Category:941_Permits_and_Access_Requests|EPG 941]].&lt;br /&gt;
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===643.1.1.1 Emergency Work===&lt;br /&gt;
When emergency operations work is necessary, the damaged utility facility may be accessed immediately and without a permit by leaving the pavement at such points as may be necessary to effect emergency repairs, provided immediate notice is given to the Missouri State Highway Patrol and the district utilities staff for the district wherein the work will be performed, and a permit for emergency operations is requested immediately upon discovery of the need for emergency operations. A permit for emergency operations work is to be obtained as soon as practical, but in no event later than two (2) working days after the emergency operations work has commenced. Emergency operations include, but are not limited to, unplanned work in response to utility facilities being so damaged as to constitute an emergency situation directly affecting or endangering traffic on the highway or public health or safety.&lt;br /&gt;
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===643.1.1.2 Third-Party Inspection===&lt;br /&gt;
When a utility owner has a large number of projects in a given area or projects involving great complexity, MoDOT reserves the right to limit the number of permits open at any given time. With approval of the district utilities staff, a utility owner may hire a third-party inspector, at their cost. The third-party inspector will allow the utility owner to increase the number of permits open at any given time. The responsibility of the third-party inspector will be to ensure the installation of the utility facility proceeds in a manner consistent with the plans approved in the permit, including all work zone requirements and conformity with MoDOT’s Standards and Specifications. The MoDOT approved third-party inspector will be listed in the permit. MoDOT may audit third-party inspections and revoke the right to use third-party inspections should the inspectors fail to perform their duties.&lt;br /&gt;
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===643.1.1.3 Abandoned Utility Facilities===&lt;br /&gt;
All utility facilities installed in Commission right of way are the property of the utility owner whether the utility facility is active or inactive. MoDOT may allow a utility facility to remain on Commission right of way whether the utility facility was abandoned for a MoDOT project or at the utility owner’s discretion. MoDOT may place requirements (such as removing inactive fiber optic cables, grouting pipes, removing valves) on the utility owner as part of the process of abandoning a utility facility. Liability for damage to Commission right of way due to an abandoned facility remains the responsibility of the utility owner. In the event MoDOT requires the removal of the abandoned utility facility, responsibility for the cost of the removal will be determined per [[#643.2.8_Cost_Responsibility|EPG 643.2.8]].&lt;br /&gt;
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==643.1.2 Definitions==&lt;br /&gt;
&#039;&#039;&#039;Bridge Attachment:&#039;&#039;&#039; A bridge attachment is any utility facility, including communication lines and electrical lines, or any other utility facility of a similar nature that is fastened to a bridge for the purpose of spanning an obstacle.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Clear zone:&#039;&#039;&#039; The total roadside border area starting at the edge of the traveled way, available for safe use by errant vehicles. This area may consist of a shoulder, a recoverable slope, a non-recoverable slope, and/or the area at the toe of a non-recoverable slope available for safe use by an errant vehicle. Clear zone dimensions are provided in the current edition of American Association of State Highway Transportation Officials Roadside Design Guide.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Ditch Line:&#039;&#039;&#039; A line where the roadway ditch meets the back slope. It is located at the lowest point of a V-bottom ditch or furthest point from the roadway of a flat bottom ditch where the roadway slopes back to the existing ground line.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Duct:&#039;&#039;&#039; An enclosed tubular casing, or raceway, for protecting wires, lines, or cables that is often flexible or semi-rigid (1-3% diametric deflection). The casing, or raceway, is separate from the cable or conductor that passes through it.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Encasement:&#039;&#039;&#039; The term encasement means the placing of an installation around and outside of an underground facility consisting of a larger conduit that permits the removal and replacement of the facility. An alternate to the conduit type encasement is reinforced concrete poured around the utility facility. Utility owners are allowed to use any types of material as a carrier and encasement for its facilities as expressly provided for in the permit issued for the installation of the utility facility.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Freeway:&#039;&#039;&#039; A divided arterial highway with full control of access.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Highway:&#039;&#039;&#039; Any public way for vehicular travel, including the entire area within the right of way and related facilities constructed or improved and maintained by the Missouri Highways and Transportation Commission (MHTC) acting through the Missouri Department of Transportation (MoDOT).&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Interchange Limits:&#039;&#039;&#039; For the uniform handling of utility installations only, the limits of an interchange are the outside ramp curve points. See [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_1_TypicalInterchangeLimits_AOD.pdf EPG Figure 643.1.1] for an example.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Interstate System or Other Freeways/Expressways:&#039;&#039;&#039; Interstate highways and highways with fully controlled access.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Major Routes (Interstates, Freeways/Expressways and Principal Arterials):&#039;&#039;&#039; The major highway system is all routes functionally classified as principal arterials. The principal arterial system provides for statewide or interstate movement of traffic. The major roads in Missouri total approximately 5,500 centerline miles.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Minor Routes:&#039;&#039;&#039; The minor highway system is all routes functionally classified as minor arterials or collectors. These routes mainly serve local transportation needs. The minor roads in Missouri total approximately 28,400 centerline miles.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Normal Right of Way Line:&#039;&#039;&#039; An imaginary line that connects sudden breaks in the major right of way points for roadways. Sight distance right of way points (triangles) at roadway intersections are not to be considered as sudden breaks for determining normal right of way.&lt;br /&gt;
[[File:fig_643.1.2-06_2026.jpg|none|700px|thumb|Figure 643.1.2 Normal Right of Way Line.]]&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Private Lines:&#039;&#039;&#039; Privately owned utility facilities which convey or transmit the commodities outlined in the definition of utility facility of this section but devoted exclusively to private use.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Scenic Enhancement Areas:&#039;&#039;&#039; Scenic enhancement areas include areas acquired or so designated as scenic strips, overlooks, rest areas, recreation areas, and the right of way of adjacent roadways and the right of way of roadways that pass through public parks and historic sites as described under 23 USC 138.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Utility Corridor:&#039;&#039;&#039; An area established for the placement of utility facilities parallel to the normal right of way line.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Utility Facility:&#039;&#039;&#039; Privately, publicly, or cooperatively owned line, facility, or system for producing, transmitting, or distributing communications, cable television, power, electricity, light, heat, gas, oil, crude products, water, steam, waste, storm water not connected with highway drainage or any other similar commodity, including any fire or police signal system or street lighting system which directly or indirectly serves the public and does not include privately owned facilities devoted exclusively to private use. The term &amp;quot;utility facility&amp;quot; includes those facilities used solely by the utility owner that are a part of its operating plant.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Utility Owner:&#039;&#039;&#039; The utility owner is the utility company, inclusive of any wholly owned or controlled subsidiary, or city or county which owns utility facilities. The term also includes those government agencies that lease a utility facility for its own use or otherwise dedicated solely to governmental use.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Variance:&#039;&#039;&#039; A one- (1-) time deviation from the requirements for location or relocation of utility facilities on the right of way of highways in the state highway system as established in [https://www.sos.mo.gov/cmsimages/adrules/csr/current/7csr/7c10-3.pdf Title 7 Code of State Regulations 10-3], requested by the utility, and approved by a MoDOT District Design Engineer.&lt;br /&gt;
&lt;br /&gt;
==643.1.3 Location of Utility Facilities==&lt;br /&gt;
Utility facilities paralleling the roadway should be installed in the utility corridor except as outlined below. The utility corridor is the space for all utility owners generally within six feet (6’) of the normal right of way line. When considering if the current utility corridor is available to expand from six feet (6’) to as much as twelve feet (12’), MoDOT determines if the expansion is warranted. In making the determination, MoDOT will consider the existing utilization of the original six feet (6’) corridor. Poles must remain within two feet (2’) of the normal right of way line unless approved by a variance. The utility corridor will only be expanded beyond six feet (6’) if the original six feet (6’) corridor is fully utilized and additional space would be required to accommodate additional utility facilities. Acquisition of additional right of way to establish a twelve feet (12’) corridor is not required on highway construction projects. For depths for underground utility facilities, see [[#643.1.4.1_Minimum_Cover_for_Underground_Facilities|EPG 643.1.4.1]].&lt;br /&gt;
&lt;br /&gt;
Utility facilities crossing the roadway should be installed as close to ninety degrees (90°) to the centerline of the roadway as possible and based on the guidelines below depending on the type of roadway. See [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_3_TypicalUtilityCorridor-InterchangeatMajorRoute_AOD.pdf EPG Figure 643.1.3] and [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_4_TypicalUtilityCorridor-InterchangeatMinorRoute_AOD.pdf EPG Figure 643.1.4] for typical utility corridors around interchanges.&lt;br /&gt;
&lt;br /&gt;
===643.1.3.1 Interstate System or Other Major Freeways/Expressways===&lt;br /&gt;
The installation of all utility facilities on highways of the Interstate System or other major freeways/expressways with fully controlled access are to be installed, serviced, and maintained without entering or leaving the roadway and ramps except at points approved by MoDOT for that purpose and without parking any equipment or storing materials upon the medians, roadway and ramps, or shoulders of the roadways. Cutting or damaging the pavement or paved shoulders is not permitted. New service connections to existing parallel utility facilities are to be permitted only where an outer roadway exists and then only where access is permitted by the Commission. Careful consideration will be given to the location of guys, anchors, braces, and other supports. Generally, good design practice will provide that appurtenances be located at right of way jogs, along intersecting road right of way, or at other similar acceptable locations, so that encroachment is held to an absolute minimum.&lt;br /&gt;
&lt;br /&gt;
No utility facilities will be permitted within the interchange limits of an interchange between fully limited access highways where planned or existing. Utility facilities within the interchange limits of an interchange with a non-access controlled highway will be permitted only along the minor road, provided that all construction, service, and maintenance can be performed from the minor road. Manholes and poles must be located beyond the ramp termini.&lt;br /&gt;
&lt;br /&gt;
For structures carrying or over interstates or other major freeways/expressways, see [[#643.1.5_Bridge_Attachment_Policy|EPG 643.1.5]].&lt;br /&gt;
&lt;br /&gt;
====643.1.3.1.1 Utility Facilities Crossing the Interstate or Other Major Freeways/Expressways====&lt;br /&gt;
=====643.1.3.1.1.1 Overhead Crossings of the Interstate or Other Major Freeways/Expressways=====&lt;br /&gt;
Overhead crossings of utility facilities are permitted only for power transmission and distribution lines and for multiple circuit communication lines where an underground installation is not economically feasible. Supports for existing utility facilities crossing overhead may remain on the right of way provided they are near the right of way line regardless of the presence of an outer road. Supports for new overhead utility facilities crossing overhead may be located on the right of way near the right of way line where an outer roadway exists and are to be located off the right of way where no outer roadway exists. Overhead service crossings are only permitted in isolated cases for residential or commercial establishments when the denial of the crossing would require construction of more than 1,200 feet (1,200’) of utility line to provide the service. Main or distribution line crossings are required to serve a general area other than isolated cases.&lt;br /&gt;
&lt;br /&gt;
=====643.1.3.1.1.2 Underground Crossings of the Interstate or Other Major Freeways/Expressways=====&lt;br /&gt;
Underground crossings of utility facilities are to be continuously encased under the pavement, medians, ramps, and shoulders with the casing extending to the toe of the fill slopes or to the ditch line. In curbed sections, encasement should extend outside the outer curb of the roadways a distance equal to the depth of the encasement at the curb line. Where installed by open trench through unpaved areas, detector tape should be placed approximately one foot (1&#039;) above the encasement. Where an interstate or other major freeway has a parallel outer roadway, encasement should be continuous under all roadways within the right of way.&lt;br /&gt;
&lt;br /&gt;
Manholes or vent pipes are to be located at the right of way line or adjacent to the outer roadway.&lt;br /&gt;
&lt;br /&gt;
For fiber optic cable, encasement should extend from within six feet (6&#039;) of one right of way line to within six feet (6&#039;) of the other right of way line.&lt;br /&gt;
&lt;br /&gt;
Exceptions may be made for encasement as listed in [[#643.1.4.2_Exceptions_to_Encasement|EPG 643.1.4.2]].&lt;br /&gt;
&lt;br /&gt;
====643.1.3.1.2 Parallel Installations along the Interstate or Other Major Freeways/Expressways====&lt;br /&gt;
New parallel installations on the right of way may be permitted only where an outer roadway exists, provided that poles are within two feet (2&#039;) of the normal right of way line and underground utility facilities are within the utility corridor, and provided that the utility facility can be installed and maintained between the outer roadway and the right of way line. Existing overhead or underground utility facilities that parallel an existing roadway which will be incorporated into a completed highway as an outer roadway may remain in place if all maintenance and service can be performed from an outer roadway and the existing location does not interfere with construction, maintenance, or operation of the completed highway. If an existing parallel utility facility needs to be relocated so as to not interfere with the construction, maintenance, or operation of the completed interstate or other major freeway, poles may be located withing five feet (5’) of the right of way line.&lt;br /&gt;
&lt;br /&gt;
Underground utility facilities are expected to be buried within the utility corridor of sight distance triangles (SDTs) at roadway intersections unless granted a variance. Overhead utility facilities may be allowed to span intersecting roadways with SDTs provided the poles, or supports, are located outside the SDT.&lt;br /&gt;
&lt;br /&gt;
====643.1.3.1.3 Sanitary Sewers within the Right of Way of Interstates or Other Major Freeways/Expressways====&lt;br /&gt;
New installations of sanitary sewers should follow the applicable guidelines for either underground crossings or parallel installations as appropriate. Existing gravity trunk sanitary sewers should be considered individually and removed or left in place contingent upon its age, condition, feasibility of moving, and maintenance access. Encasement of existing trunk sewers left in place may be required for questionable condition, protection during construction, or heavy fills.&lt;br /&gt;
&lt;br /&gt;
Manholes should be relocated to the right of way lines or adjacent to an outer roadway.&lt;br /&gt;
&lt;br /&gt;
===643.1.3.2 Major Routes===&lt;br /&gt;
For structures carrying or over major routes, see [[#643.1.5_Bridge_Attachment_Policy|EPG 643.1.5]].&lt;br /&gt;
&lt;br /&gt;
====643.1.3.2.1 Major Routes with Partially Controlled Access Right of Way====&lt;br /&gt;
The installation of all utility facilities on highways with partially controlled access right of way are to be installed, serviced, and maintained without entering or leaving the roadway and ramps except at points approved by MoDOT for that purpose and without parking any equipment or storing materials upon the medians, roadway and ramps, or shoulders of the roadways. Cutting or damaging the pavement or paved shoulders is not permitted. Equipment or materials stored within the right of way must be protected by longitudinal barrier or be located outside the clear zone. New service connections to existing parallel utility facilities are to be permitted only where granted by the Commission.&lt;br /&gt;
&lt;br /&gt;
No utility facilities will be permitted within the interchange limits of an interchange between fully limited access highways where planned or existing. Utility facilities within the interchange limits of an interchange with a non-access controlled highway will be permitted only along the minor road, provided that all construction, service, and maintenance can be performed from the minor road. Manholes and poles must be located beyond the ramp termini.&lt;br /&gt;
&lt;br /&gt;
====643.1.3.2.2 Major Routes with Normal Access Right of Way====&lt;br /&gt;
All new utility facilities will be installed and maintained without cutting or damaging the pavement or paved shoulders except in the event underlying rock formations or other obstructions are encountered that prevent boring or pushing operations. A variance may be granted for pavement cuts when the need is established. Pavement cuts may only be made by permits issued when it is impractical to otherwise service and maintain the facility. The installation of all utility facilities is to be installed without parking any equipment or storing materials upon the medians, roadway and ramps, or shoulders of the roadways. Equipment or materials stored within the right of way must be protected by longitudinal barrier or be located outside the clear zone.&lt;br /&gt;
&lt;br /&gt;
====643.1.3.2.3 Utility Facilities Crossing Major Routes====&lt;br /&gt;
=====643.1.3.2.3.1 Overhead Crossings of Major Routes=====&lt;br /&gt;
Supports for utility facilities crossing overhead should be located as near the right of way line as possible. For major routes with controlled access right of way, new overhead service crossings may be permitted in isolated cases for residential or commercial establishments where the denial of such crossings would require the construction of more than 1,200 feet (1,200’) of utility line to provide the same service. For major routes with normal access right of way, there is no restriction on the placement of service crossings.&lt;br /&gt;
&lt;br /&gt;
=====643.1.3.2.3.2 Underground Crossings of Major Routes=====&lt;br /&gt;
Underground crossings of utility facilities are to be continuously encased under the pavement, medians, ramps, and shoulders with the casing extending to the toe of the fill slopes or to the ditch line. In curbed sections, encasement should extend outside the outer curb of the roadways a distance equal to the depth of the encasement at the curb line. Where installed by open trench through unpaved areas, detector tape should be placed approximately one foot (1&#039;) above the encasement. Where a major route has a parallel outer roadway, encasement should be continuous under all roadways within the right of way.&lt;br /&gt;
&lt;br /&gt;
Manholes or vent pipes are to be located at the right of way line or adjacent to the outer roadway.&lt;br /&gt;
&lt;br /&gt;
For fiber optic cable, encasement should extend from within six feet (6&#039;) of one right of way line to within six feet (6&#039;) of the other right of way line.&lt;br /&gt;
&lt;br /&gt;
Exceptions may be made for encasement as listed in [[#643.1.4.2_Exceptions_to_Encasement|EPG 643.1.4.2]].&lt;br /&gt;
&lt;br /&gt;
====643.1.3.2.4 Parallel Installations along Major Routes====&lt;br /&gt;
New parallel installations on the right of way may be permitted provided that poles are within two feet (2&#039;) of the normal right of way line and underground utility facilities are within the utility corridor. Existing overhead or underground utility facilities that parallel an existing roadway which will be incorporated into a completed highway may remain in place if all maintenance and service can be performed without entering or leaving the roadway except at approved access points; without parking equipment or storing materials on the median, pavement, ramps, or shoulders; and the existing location does not interfere with construction, maintenance, or operation of the completed highway. If an existing parallel utility facility needs to be relocated so as to not interfere with the construction, maintenance, or operation of the completed highway, poles may be located withing five feet (5’) of the right of way line.&lt;br /&gt;
&lt;br /&gt;
Existing steel pipe transmission and distribution facilities for gaseous petroleum products that parallel an existing roadway that will be incorporated into the completed roadway may be left in place subject to an agreement by the utility owner that maintenance or service and facility expansion will be performed without cutting or damaging the pavement or interfering with the construction, maintenance, and operation of the highway and provided that the facility is cathodically protected against corrosion and meets the applicable material requirements.&lt;br /&gt;
&lt;br /&gt;
Underground utility facilities are expected to be buried within the utility corridor of sight distance triangles (SDTs) at roadway intersections unless granted a variance. Overhead utility facilities may be allowed to span intersecting roadways with SDTs provided the poles, or supports, are located outside the SDT.&lt;br /&gt;
&lt;br /&gt;
====643.1.3.2.5 Sanitary Sewers within the Right of Way of Major Routes====&lt;br /&gt;
New installations of sanitary sewers should follow the applicable guidelines for either underground crossings or parallel installations as appropriate. An existing gravity trunk sanitary sewer should be considered individually and removed or left in place contingent upon its age, condition, feasibility of moving, and maintenance access. If an existing parallel gravity main is left in place within the limits of the paved surface, paved shoulder lines, or curb lines, stub mains as required will be laid between the sewer main and curb or shoulder lines for future service connections in each block. Manholes should be relocated outside the traveled roadway as near the right of way line as practical.&lt;br /&gt;
&lt;br /&gt;
===643.1.3.3 Minor Routes===&lt;br /&gt;
For structures carrying or over minor routes, see [[#643.1.5_Bridge_Attachment_Policy|EPG 643.1.5]].&lt;br /&gt;
&lt;br /&gt;
====643.1.3.3.1 Utility Facilities Crossing Minor Routes====&lt;br /&gt;
=====643.1.3.3.1.1 Overhead Crossings of Minor Routes=====&lt;br /&gt;
Existing overhead crossings that interfere with construction, maintenance, or operation should be relocated with their supports as near the right of way line as is practical. New overhead crossing installations should be located with their supports as near the right of way line as is practical.&lt;br /&gt;
&lt;br /&gt;
=====643.1.3.3.1.2 Underground Crossings of Minor Routes=====&lt;br /&gt;
All new utility facilities should be installed and maintained without cutting or damaging the pavement or paved shoulders. A variance may be granted for pavement cuts when servicing and maintaining the facility by any other methods is impractical. Pavement cuts may only be made by permits issued. Underground crossings of utility facilities are to be continuously encased under the pavement, medians, ramps, and shoulders with the casing extending to the toe of the fill slopes or to the ditch line. In curbed sections, encasement should extend outside the outer curb of the roadways a distance equal to the depth of the encasement at the curb line. Where installed by open trench through unpaved areas, detector tape should be placed approximately one foot (1&#039;) above the encasement.&lt;br /&gt;
&lt;br /&gt;
Manholes or vent pipes are to be located at the right of way line or adjacent to the outer roadway.&lt;br /&gt;
&lt;br /&gt;
For fiber optic cable, encasement should extend from within six feet (6&#039;) of one right of way line to within six feet (6&#039;) of the other right of way line.&lt;br /&gt;
&lt;br /&gt;
Exceptions may be made for encasement as listed in [[#643.1.4.2_Exceptions_to_Encasement|EPG 643.1.4.2]].&lt;br /&gt;
&lt;br /&gt;
====643.1.3.3.2 Parallel Installations along Minor Routes====&lt;br /&gt;
New parallel installations on the right of way may be permitted provided that poles are within two feet (2&#039;) of the normal right of way line and underground utility facilities are within the utility corridor. Existing overhead or underground utility facilities that parallel an existing roadway which will be incorporated into a completed highway may remain in place if all maintenance and service can be performed without entering or leaving the roadway except at approved access points; without parking equipment or storing materials on the median, pavement, ramps, or shoulders; and the existing location does not interfere with construction, maintenance, or operation of the completed highway. If an existing parallel utility facility needs to be relocated so as to not interfere with the construction, maintenance, or operation of the completed highway, poles may be located within five feet (5’) of the right of way line.&lt;br /&gt;
&lt;br /&gt;
Underground utility facilities are expected to be buried within the utility corridor of sight distance triangles (SDTs) at roadway intersections unless granted a variance. Overhead utility facilities may be allowed to span intersecting roadways with SDTs provided the poles, or supports, are located outside the SDT.&lt;br /&gt;
&lt;br /&gt;
====643.1.3.3.3 Sanitary Sewers within the Right of Way of Minor Routes====&lt;br /&gt;
New installations of sanitary sewers should follow the applicable guidelines for either underground crossings or parallel installations as appropriate. An existing gravity trunk sanitary sewer should be considered individually and removed or left in place contingent upon its age, condition, feasibility of moving, and maintenance access. If an existing parallel gravity main is left in place within the limits of the paved surface, paved shoulder lines, or curb lines, stub mains as required will be laid between the sewer main and curb or shoulder lines for future service connections in each block. Manholes should be relocated outside the traveled roadway.&lt;br /&gt;
&lt;br /&gt;
===643.1.3.4 Roundabouts===&lt;br /&gt;
Regardless of roadway type, it is desirable to avoid locating utility facilities and their access points within the circulatory roadway. If possible, utility facilities are located in the legs of the roundabout to allow for future maintenance and access at an isolated leg versus affecting the entire roundabout. See [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_5_TypicalLocationofUtilityFacilitiesnearRoundabouts_AOD.pdf EPG Figure 643.1.5] for an example.&lt;br /&gt;
&lt;br /&gt;
===643.1.3.5 Utility Facilities in Scenic Enhancement Areas===&lt;br /&gt;
All existing utility facilities within the limits of a scenic enhancement area requiring adjustment because of construction or reconstruction will be placed underground or relocated beyond the limits of the scenic enhancement area. No new above ground facilities will be permitted. New underground facilities will be permitted provided they do not extensively alter or impair the appearance of the area.&lt;br /&gt;
&lt;br /&gt;
==643.1.4 Installation of Utility Facilities==&lt;br /&gt;
The following sections provide information on the physical installation of utility facilities within highway right of way.&lt;br /&gt;
&lt;br /&gt;
===643.1.4.1 Minimum Cover for Underground Facilities===&lt;br /&gt;
The minimum cover for new underground utilities is:&lt;br /&gt;
* Forty-two inches (42”) for all water lines (parallel and crossings).&lt;br /&gt;
* Forty-two inches (42”) for fiber optic cable (crossings encased in rigid conduit).&lt;br /&gt;
* Seventy-two inches (72”) for fiber optic cable (crossings encased in polyethylene (PE) pipe).&lt;br /&gt;
* Thirty inches (30”) for direct burial and in trench fiber optic cable (parallel).&lt;br /&gt;
* Twenty-four inches (24”) for all other direct burial copper or coaxial cable, (parallel).&lt;br /&gt;
* Seventy-two inches (72”) for uncased polyethylene (PE) gas pipe crossings under ditches and roadways but thirty inches (30”) elsewhere.&lt;br /&gt;
* Thirty inches (30”) for all other (such as, but not limited to, gravity sewers, forced sewers, and electric) underground utilities (both parallel and crossing).&lt;br /&gt;
&lt;br /&gt;
===643.1.4.2 Exceptions to Encasement===&lt;br /&gt;
Exceptions may be made for encasement as follows:&lt;br /&gt;
* Non-fiber communication or electric cables installed in ducts.&lt;br /&gt;
* Welded steel pipelines carrying gaseous or liquid petroleum products - provided they are cathodically protected against corrosion, triple-coated in accordance with accepted pipeline construction standards, and meet applicable material requirements.&lt;br /&gt;
* Natural gas distribution pipe (nominal six-inch (6”) diameter maximum) of polyethylene (PE) plastic, traceable, installed by a horizontal bore method at a minimum depth of seventy-two inches (72”) under ditches and roadways, constructed in accordance with and meeting applicable material requirements.&lt;br /&gt;
* Gas service connections protected and constructed in accordance with and meeting applicable material requirements.&lt;br /&gt;
* Encasement is not required for new trunk sanitary sewer crossings of vitrified clay, reinforced concrete or cast iron except when installation procedures would produce voids in the roadbed, heavy fills, or installations under pressure.&lt;br /&gt;
&lt;br /&gt;
===643.1.4.3 Above Ground or Ground Level Appurtenances===&lt;br /&gt;
Appurtenances protruding more than four inches (4”) above the ground line should be located outside the clear zone. If no feasible alternative exists and if permitted by a variance, appurtenances may be allowed within the clear zone if they meet breakaway criteria or will be shielded by a traffic barrier. Good design practice will provide that appurtenances be located at right of way jogs, along intersecting road right of way, or at other similar acceptable locations, so that encroachment is held to an absolute minimum. Cables, wires, small diameter pipes, and other such utility appurtenances extending from the surface of the ground should be equipped with covers or guards to improve their visibility. Appurtenances within sidewalks or street level pedestrian access routes are to be in conformance with the Americans with Disabilities Act requirements.&lt;br /&gt;
&lt;br /&gt;
The maximum pull box width perpendicular to the right of way line within the utility corridor is thirty inches (30”).&lt;br /&gt;
&lt;br /&gt;
===643.1.4.4 Overhead Utility Facilities===&lt;br /&gt;
The vertical clearance of new or existing overhead installations will not be less than the current minimum requirements of the National Electric Safety Code, but in no case less than eighteen feet (18’) inclusive of sag above the groundline for electrical facilities. Clearance may be reduced for overhead installations of cable, telephone, or fiber optic facilities.&lt;br /&gt;
A minimum radial clearance of twenty-five feet (25’) is provided from any utility facility to the nearest part of any bridge structure. A minimum radial clearance of ten feet (10’) is provided from the nearest charged electrical line to a MoDOT signal, lighting, ITS, or overhead sign structure.&lt;br /&gt;
&lt;br /&gt;
===643.1.4.5 Approved Materials===&lt;br /&gt;
Utility owners are allowed to use any material for underground utility facilities including carrier and encasement provided they accept responsibility for any future repairs and/or replacement of damaged MoDOT facilities should a failure occur. This will allow the use of current technology and procedures to provide the best value to its subscribers and the taxpayers of Missouri. For materials that MoDOT also uses in its highway system, utility owners must provide materials that meet the current [https://www.modot.org/missouri-standard-specifications-highway-construction Missouri Standard Specifications for Highway Construction]. For materials not listed in the Missouri Standard Specifications for Highway Construction, the utility owner should provide documentation of the standards used to determine suitability of the material.&lt;br /&gt;
&lt;br /&gt;
===643.1.4.6 Cutting===&lt;br /&gt;
In the event permission is granted to cut an existing concrete or asphalt pavement or sidewalk, the appropriate provisions below should be followed.&lt;br /&gt;
&lt;br /&gt;
====643.1.4.6.1 Pavement====&lt;br /&gt;
All pavement cuts should be made with a saw to the full depth of the pavement. The width of the cut is typically determined by the width of the trench plus a minimum one foot (1’) on each side of the trench. In the event the distance to any adjacent longitudinal or transverse joint or crack is less than four feet (4’), the pavement must be removed to the joint or crack. Cuts for perpendicular service tie-ins should be a minimum of three feet (3’) wide. Longitudinal main installations are typically cut at a minimum of half the lane width, but in no instance should the cut be along the wheel path of the lane.&lt;br /&gt;
[[File:fig_643.1.6-06_2026.jpg|800px|none|thumb|Figure 643.1.6 Pavement Repair Dimension Requirements.]]&lt;br /&gt;
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The utility facilities should be placed in a location with the least impact to the roadway. Typically, this leads to placement in the shoulder when available followed by the two-way left turn lane (TWLTL), and then outside lanes before allowing placement in interior through lanes. Lane switching should be kept to a minimum and should not be used to minimize repair sizes. Cuts for mains or service leads that may not be perpendicular to the roadway should be squared-off.&lt;br /&gt;
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Replacement of cut pavement should be full depth concrete in accordance with the current version at the time of installation of Section 613.10 Full Depth Pavement Repairs of the Missouri Standard Specifications for Highway Construction and the Missouri Standard Plans for Highway Construction. If the area of the pavement repair is not to be fully resurfaced all joints including the overcut from the sawing operation should be filled with an expansive mortar, epoxy, polyester, or joint material as approved by the Engineer in accordance with Section 1057 of the Missouri Standard Specifications for Highway Construction.&lt;br /&gt;
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====643.1.4.6.2 Pedestrian Access Routes====&lt;br /&gt;
All cuts in the pedestrian access routes whether asphalt or concrete should be made by saw and be the full depth of the material. Entire slabs of concrete sidewalk should be removed. Repair of the pedestrian access route must meet Americans with Disability Act requirements, see [[:Category:642_Pedestrian_Facilities|EPG 642]]. Cuts through curb ramps or detectable warning areas are not permitted. Rather the entire curb ramp or detectable warning area must be removed and replaced. MoDOT district ADA contacts can help ensure ADA compliance of impacted pedestrian access routes.&lt;br /&gt;
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===643.1.4.7 Non-disturbance Areas===&lt;br /&gt;
MoDOT has certain areas of right of way where mowing, spraying, digging, or other vegetation disturbance activities are restricted. These areas have been established to mitigate the environmental impacts of a previous project and should be avoided. If the areas cannot be avoided, contact MoDOT’s Environmental Section.&lt;br /&gt;
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==643.1.5 Bridge Attachment Policy==&lt;br /&gt;
No utility facility will be permitted in or on a structure carrying an interstate or other freeway unless it is part of a federal requirement or for MoDOT’s use. When the structure carries any other road type and no other practical means exists for the crossing, wires (communication, electrical, fiber, or metal) will be permitted. Electrical lines must be located to cause minimum exposure to MoDOT maintenance personnel and the public. Pressurized pipelines for gas or other petroleum products and water and all sewer lines are prohibited on all structures due to the risks associated with their failure.&lt;br /&gt;
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===643.1.5.1 Agreement===&lt;br /&gt;
An agreement is required for all utility facilities attached to any structure. A charge will be made for the increased maintenance costs involved. This fee is set by the Bridge Division. When permitted, a 50-year occupational agreement is executed with the utility owner. Agreement BR04 Utility Attachment Agreement is used when an attachment is added to a bridge during its construction. Agreement BR09 Bridge Attachment Agreement is used when an attachment is added to an existing bridge.&lt;br /&gt;
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===643.1.5.2 Requests===&lt;br /&gt;
Requests to attach facilities to structures is a multi-step process. Bridge Division is responsible for approval of the bridge attachment. If at any point in the process, Bridge Division determines the attachment to be unacceptable, a reason is to be provided.&lt;br /&gt;
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To start, the utility owner submits a conceptual request to the district utilities staff. The conceptual request consists of an explanation of the proposal; a general location sketch (i.e., which side of the bridge); and details on the facility, length, and weight per foot when full. The district utilities staff should work with all relevant district personnel including the District Bridge Engineer in reviewing and recommending the attachment. The district utilities staff will submit the recommended details to the Bridge Division to determine the applicable costs including future maintenance costs and for attachments to new bridges, design and construction. Once the Bridge Division has determined the cost, the district utilities staff shares the cost with the utility owner for their concurrence with furthering the process. For new bridges, if the utility owner concurs with the costs, the district utility staff will prepare the BR04 Agreement for execution by the utility owner and the Commission. MoDOT will be responsible for the design and construction of attachments to new bridges. For existing bridges, the district utilities staff will forward the applicable as-built bridge plans to the utility owner for its use in designing the bridge attachment. The utility owner will provide detailed design drawings, signed and sealed by a professional engineer in the State of Missouri, to the district utilities staff for review. The district utilities staff should work with all relevant district personnel, including the District Bridge Engineer, in reviewing and recommending the details of the attachment to the Bridge Division. Once Bridge Division approves, the Bridge Division will prepare the BR09 Agreement for execution by the utility owner and the Commission. The utility owner is responsible for the construction of attachments to existing bridges. A flow chart, [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_7_BridgeAttachementProcess_AOD.pdf EPG Figure 643.1.7], of the process is available.&lt;br /&gt;
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Payment from the utility owner for the attachment will be sent to Financial Services by district utilities staff. For BR04 agreements, district utilities staff should discuss with Financial Services how to get the payment credited to the project constructing the attachment. For BR09 agreements, district utilities staff should copy Bridge Division on correspondence with Financial Serves. Checks should be made payable to Director of Revenue, Credit State Road Fund.&lt;br /&gt;
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For requests from government entities such as cities, counties, and other municipalities, the requested information should be submitted to Bridge Division as described above. However, the district utilities staff will take the lead in preparing the DE10 County Agreement or DE11 Municipal Agreement, as applicable, with input from Bridge Division and Bridge Maintenance. All fees are waived for government entities.&lt;br /&gt;
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===643.1.5.3 Considerations===&lt;br /&gt;
The following considerations are made in determining the acceptability of a bridge attachment. Unique situations will be discussed with the Bridge Division as required.&lt;br /&gt;
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====643.1.5.3.1 Bridge Asset Management Program====&lt;br /&gt;
Requests for bridge attachments should be reviewed for consistency with the district’s upcoming bridge asset management program needs. If a structure is due for rehabilitation or replacement in the near future, information should be provided to the utility owner indicating existing remaining life of the bridge. In some instances, it may be in MoDOT’s best interest to deny the request for attachment outright. In some instances, the utility owner may still choose to pursue the short-term attachment to the existing structure. In almost all cases, the utility owner is responsible for the cost of removing and/or relocating their utility facilities for a necessary repair, widening, improvement or reconstruction of the structure. Review existing agreements for cost responsibility for current attachments.&lt;br /&gt;
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====643.1.5.3.2 Aesthetics====&lt;br /&gt;
In reviewing a request for a bridge attachment, how the structure is viewed by the public will be considered. For example, is the structure over a scenic stream that is extensively used by canoeists, or does the structure span a road that may provide access to a park, campgrounds, or boat launching facilities? Is the structure a grade separation where the motoring public will see the attachment before they pass under it?&lt;br /&gt;
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====643.1.5.3.3 Method of Attachment====&lt;br /&gt;
In order to maintain structural integrity of any structures the following requirements will apply for attachments.&lt;br /&gt;
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=====643.1.5.3.3.1 Welding=====&lt;br /&gt;
Welding of hardware to structural steel members (i.e., flanges, webs, stiffeners, and diaphragms) whether in tension or compression is not permitted.&lt;br /&gt;
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=====643.1.5.3.3.2 Drilling=====&lt;br /&gt;
Drilling holes in any structural steel member is not permitted. Drilling holes for anchors into any prestressed concrete member is not permitted. Although permitted, drilling holes for anchors into the underside of bridge decks must be done with caution. It is recommended all anchors be installed to miss deck reinforcing steel. Generally, drilling into decks will not be allowed where sonotubes were used (voided slab bridges). The depth of the holes should be such that breaking out of the concrete on the top side of the deck does not occur.&lt;br /&gt;
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=====643.1.5.3.3.3 Corrosion=====&lt;br /&gt;
Attachment hardware will be new, properly coated to prevent corrosion or be of a non-corrosive material, and be designed to support the facility.&lt;br /&gt;
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====643.1.5.3.4 Location====&lt;br /&gt;
In general, attachments are made on the underneath side of the bridge deck. The condition of the bridge deck will dictate the location of the attachment supports. An exception may be attachments to trusses or other overhead structures.&lt;br /&gt;
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Attachments that may require manholes in bridge decks are not allowed.&lt;br /&gt;
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When attachments are required to structures over streams that may carry large drifts, they must be attached to the downstream side of the structure and above the lowest superstructure element. It is preferred to locate the attachment on the outside of the exterior girder. If aesthetics are a concern, a better appearance can be achieved by having the attachment made to the inside of the exterior girder and above the bottom of the lower flange to hide the conduit and the attaching hardware.&lt;br /&gt;
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Placement of utilities must not prevent the removal of old paint, the application of new paint on superstructure steel, or cause debris buildup, which could cause structural deterioration.&lt;br /&gt;
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====643.1.5.3.5 Construction and Maintenance====&lt;br /&gt;
If the attachment cannot be built while maintaining one (1) lane of traffic on the structure, it will not be allowed.&lt;br /&gt;
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Construction procedures that severely impact traffic may factor into the allowable location of the attachment on the structure.&lt;br /&gt;
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When scaffolding is to be attached or supported by bridge rails, bridge superstructure, or bridge substructure, the procedures for construction of the attachment must be reviewed.&lt;br /&gt;
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The utility owner or local entity will pay for, or be responsible for, the painting of the attachment, if necessary, when the bridge requires painting.&lt;br /&gt;
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==643.1.6 Private Lines==&lt;br /&gt;
Private lines are permitted to cross the right of way of a highway in the same manner as outlined for all utility facilities in above sections of this article. Parallel installations along the right of way of a highway are not permitted. Special conditions at a specific location that make adherence to this policy impractical will be submitted to the Chief Engineer for consideration of an acceptable alternative. In certain situations, it may be necessary to obtain approval from the Federal Highway Administration (FHWA) before approval to use the alternative can be given to the private utility owner.&lt;br /&gt;
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==643.1.7 Water and Sewer Separations==&lt;br /&gt;
The Missouri Department of Natural Resources (MoDNR) Safe Drinking Water Commission via 10 CSR 60-10 and Clean Water Commission via 10 CSR 20-8 govern the design of water and sewer lines in the vicinity of one another. Basic criteria are outlined below for information, and details are contained within the regulations. MoDOT is not responsible for providing or acquiring adequate right of way for utility owners to comply with MoDNR requirements.&lt;br /&gt;
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===643.1.7.1 Line Separations===&lt;br /&gt;
====643.1.7.1.1 Horizontal====&lt;br /&gt;
Sanitary and storm sewers are to be laid at least ten feet (10’) horizontally measured from outside edge to outside edge from any existing or proposed water main. In cases where it is not practical to maintain ten feet (10’) of separation, installation of the water main closer to the sewer is acceptable where the water main is installed in a separate trench or on an undisturbed earth shelf located on one (1) side of the sewer at an elevation so the bottom of the water main is at least eighteen inches (18”) above the top of the sewer.&lt;br /&gt;
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====643.1.7.1.2 Crossings====&lt;br /&gt;
Water mains are to be laid to provide a minimum vertical distance of eighteen inches (18”) vertically measured outside edge to edge from sanitary or storm sewers. This is the case whether the water main is above or below the sewer. One (1) full length of water pipe must be located so both joints will be as far from the sanitary or storm sewer line as possible. Special structural support for the water main or sanitary or sewer main may be required.&lt;br /&gt;
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===643.1.7.3 Exception===&lt;br /&gt;
When it is impossible to obtain proper horizontal and vertical separation as stipulated, the sewer will be designed and constructed equal to water pipe and will be pressure-tested to assure it is watertight prior to backfilling.&lt;br /&gt;
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===643.1.7.4 Water Supply Interconnections===&lt;br /&gt;
No physical connection is permitted between a public or private potable water supply system and any sanitary or storm sewer or appurtenance that would permit the passage of any sewage or polluted water into the water supply. No water pipe is permitted to pass through or come in contact with any part of a sanitary sewer manhole.&lt;br /&gt;
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===643.1.7.5 Water Works Structures===&lt;br /&gt;
Sewers are not permitted to be installed within fifty feet (50’) in any direction from any existing or proposed public water supply well or other water supply sources or structures.&lt;br /&gt;
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==643.1.8 Variances==&lt;br /&gt;
Occasionally, it is impractical to locate a utility facility in accordance with requirements outlined in this article. MoDOT may consider a utility owner’s request for a variance from these requirements on a case-by-case basis. The utility owner should complete a [https://epg.modot.org/forms/general_files/DE/UtilityVarianceApprovalForm.docx Utility Variance Approval Form] to be submitted to MoDOT for consideration. Variances on the Interstate System require approval of the Federal Highway Administration (FHWA). A flow chart, [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_8_VarianceApprovalProcess.pdf EPG Figure 643.1.8], of the variance process is available.&lt;br /&gt;
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A variance will not be permitted just for the convenience of the utility owner. The utility owner requesting a variance must provide all necessary information to properly evaluate if a variance should be approved. For example, a utility owner requesting a variance because “the utility corridor is full” must explore all reasonable options. It is suggested that the requestor pothole the existing utility corridor to confirm the location of existing utility facilities and provide that data to support the need to locate outside of the utility corridor due to its congestion.&lt;br /&gt;
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===643.1.8.1 Variance Process===&lt;br /&gt;
Any utility owner of a public utility facility may apply for a variance. The process for requesting a variance is as follows:&lt;br /&gt;
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====643.1.8.1.1 Submittal Requirements====&lt;br /&gt;
Utility owners submit to the district utilities staff a written request for a variance using the [https://epg.modot.org/forms/general_files/DE/UtilityVarianceApprovalForm.docx Utility Variance Approval Form]. The utility owner must clearly show the provision(s) or guideline(s) for which the variance is being requested; the condition(s) which the utility owner believes warrant(s) the granting of a variance; a thorough explanation of the reason(s) for the requested variance, including sufficient and appropriate documentation of safety, aesthetic, or constructability constraints that would be adverse to the function, access, or maintenance of the utility facility and not in the best interest of the public.&lt;br /&gt;
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====643.1.8.1.2 MoDOT Consideration of Variance Request====&lt;br /&gt;
The utility owner bears full responsibility for demonstrating to MoDOT’s satisfaction that the variance is the most appropriate way to serve the public interest. MoDOT may present to the utility owner and the utility owner must consider reasonable alternatives to the variance requested by the utility owner. In determining whether to grant a variance, district utilities staff will consider all relevant factors including, but not limited to: the requested variance is reasonably necessary for the convenience, safety, health, and/or welfare of the public; there is an exceptional or undue burden or hardship on the specific applicant; a physical impracticability that would result from the applicant’s adherence to the normal location requirements; and the requested variance will not impair the safe construction, maintenance, operation, and safety of public travel on the highway. District utilities staff may consult with the Design Liaison Engineer in evaluating variances.&lt;br /&gt;
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====643.1.8.1.3 Approval of Variances====&lt;br /&gt;
Once district utilities staff have agreed to accept a variance proposed by the utility owner, the [https://epg.modot.org/forms/general_files/DE/UtilityVarianceApprovalForm.docx Utility Variance Approval Form] and all supporting documentation is sent to the District Design Engineer (DDE) for approval. If a variance is on interstate right of way, the DDE-signed Variance Request Form and all supporting documentation is forwarded to the Design Liaison Engineer who will forward to FHWA for their concurrence.&lt;br /&gt;
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====643.1.8.1.4 Variance Appeal Informal Hearing====&lt;br /&gt;
If denied a variance, the utility owner has thirty (30) calendar days to request an informal hearing for the purpose of appealing the denial. Requests must be made in writing to the State Design Engineer, Missouri Department of Transportation, P.O. Box 270, Jefferson City, MO 65102. If the utility owner requests an informal hearing, MoDOT’s authorized representative will advise the applicant of the time, date, and place of the hearing. The hearing is not a contested case under RSMo 536. The rules of evidence will not apply at the hearing, and MoDOT’s decision after the conduct of the hearing is not subject to further appeal.&lt;br /&gt;
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==643.1.9 Excess Right of Way==&lt;br /&gt;
Prior to conveyance of excess right of way, the status of utility facilities within said parcel must be addressed. See [[236.5_Property_Management#236.5.12_Excess_Land_Conveyances_&amp;amp;_Relinquishments_–_Regulated_Utilities|EPG 236.5.12]].&lt;br /&gt;
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==643.1.10 Broadband==&lt;br /&gt;
Broadband development in the state of Missouri is handled by the Department of Economic Development (DED). MoDOT shares its approved Statewide Transportation Improvement Program (STIP) project list with DED. All MoDOT policies related to placement of utility facilities within Commission right of way as outlined in this EPG 643.1 are to be followed.&lt;br /&gt;
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&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643.2 Utilities in Program Delivery &#039;&#039;PAGE TITLE&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt; &lt;br /&gt;
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==643.2.1 Introduction==&lt;br /&gt;
Improvements to the highway system often require negotiation between the Commission and a city, a county, or a public or private utility owner. The Commission’s district utilities staff is responsible for coordination of highway improvement projects with the utility owner’s representative. The impact to a utility, the responsibility for the cost of adjustments necessary to allow highway construction, the plan of adjustment of the utility, the responsibility of performance of work on utility facilities, and the schedule of the utility adjustment are all items that vary depending on the project and should be investigated and negotiated to ensure highway improvement projects are delivered on-time and on-budget. These should comply with Commission policy. A [https://epg.modot.org/forms/general_files/DE/flowchart.pdf flowchart] outlining all the utility adjustment processes (reimbursable and non-reimbursable relocations, Master Reimbursable Utility Agreements and Project Specific Agreements, etc.) are available in the list of figures at the top of the page. These processes will not always be in combination, but each should be considered with each project.&lt;br /&gt;
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The district utilities staff, in conjunction with the Transportation Project Manager (TPM), is expected to invite and encourage participation of utility owner representatives in MoDOT project meetings as needed.&lt;br /&gt;
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When a project involves utility adjustments for which the Commission is responsible for costs, the TPM should program the costs of the utility adjustments as non-contractual construction costs in the STIP Information Management System (SIMS).&lt;br /&gt;
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==643.2.2 Annual Utility Meeting==&lt;br /&gt;
Each district should hold an annual meeting with utilities to discuss current STIP projects in the district. The annual meeting should be held during each year&#039;s STIP preparations, ideally between January and May. All utility owners that have utility facilities in the district should be invited. The intent is to provide the utility owners with an idea of upcoming projects to allow them the opportunity to plan and budget for potential adjustments of their utility facilities, identify both MoDOT and utility roadblocks, and develop action plans to complete utility adjustments better, faster, and cheaper.&lt;br /&gt;
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==643.2.3 Determination of Existing Utilities==&lt;br /&gt;
District utilities staff should determine the appropriate level of effort needed to accurately identify existing utilities within the footprint of a proposed highway construction project. Aboveground utilities are easily identifiable via field checks; however, determination of the precise location of underground utilities can be more challenging and time consuming. Therefore, the district utilities staff should balance the risk of conflict with the highway construction project against the level of effort needed to determine the location.&lt;br /&gt;
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The level of effort on mapping utilities is dependent on the scope of the project and the potential for utilities having an impact on the construction of the project. The project schedule should include the time to complete this task accurately. The time and effort necessary for having accurate locates requires close interaction with the utility locators. Early contact with utility owner representatives may be necessary to accurately locate underground utility facilities.&lt;br /&gt;
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Various methods of determining existing underground utilities result in different levels of quality. ASCE Standard 38 Standard Guidance for Investigating and Documenting Existing Utilities classifies four levels of quality:&lt;br /&gt;
:1. Quality Level D: QL-D is the most basic level of information for utility locations. It comes solely from existing utility records or verbal recollections, both typically unreliable sources. It may provide an overall &amp;quot;feel&amp;quot; for the congestion of utilities but is often highly limited in terms of comprehensiveness and accuracy. QL-D is useful primarily for project planning and route selection activities.&amp;lt;br&amp;gt;&lt;br /&gt;
: ● Missouri 811 or “private-locate” markings are to be considered to be QL-D.&lt;br /&gt;
:2. Quality Level C: QL-C is probably the most used level of information. It involves surveying visible utility facilities (e.g., manholes, valve boxes, etc.) and correlating this information with existing utility records (QL-D information). When using this information, it is not unusual to find that many underground utilities have been either omitted or erroneously plotted. Therefore, its usefulness is primarily on rural projects where utilities are not prevalent or are not too expensive to repair or relocate.&lt;br /&gt;
:3. Quality Level B: QL-B involves the application of appropriate surface geophysical methods to determine the existence and horizontal position of virtually all utilities within the project limits. This activity is called &amp;quot;designating&amp;quot;. The information obtained in this manner is surveyed to project control. It addresses problems caused by inaccurate utility records, abandoned or unrecorded utility facilities, and lost references. The proper selection and application of surface geophysical techniques for achieving QL-B data is critical. Information provided by QL-B can enable the accomplishment of preliminary engineering goals. Decisions regarding location of storm drainage systems, footers, foundations, and other design features can be made to avoid conflicts with existing utilities. Slight adjustments in design can produce substantial cost savings by eliminating utility relocations.&lt;br /&gt;
:4. Quality Level A: QL-A, also known as &amp;quot;locating or potholing&amp;quot;, is the highest level of accuracy presently available and involves the full use of the subsurface utility engineering services. It provides information for the precise plan and profile mapping of underground utilities through the nondestructive exposure of underground utilities, and provides the type, size, condition, material, and other characteristics of underground features.&lt;br /&gt;
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For projects with scopes that have potential for utility conflicts, the minimum level of effort required is SUE Quality Level D. Locations of existing utilities are determined by requesting locates through Missouri 811, also known as the “One-Call” process. Missouri 811 locating requests should be carefully considered for the scope of work of the project. When necessary, the location of existing utilities should be established by a field survey of locate markings and features and shown on the roadway plans. Higher level SUE Quality Levels can be used on any project. Adjustment cost savings, whether to the MoDOT or to the utility owner, are beneficial to the taxpayer. Good SUE projects are typically urban in nature, or in congested areas, where the project footprint is to be minimized, or anytime accurate vertical and horizontal location of the utility facility might allow a design to avoid the utility facility thus preventing the need for the adjustment. The SUE process combines civil engineering, surveying, and geophysics. It utilizes several technologies, including vacuum excavation and surface geophysics.&lt;br /&gt;
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When proposed excavation or installation of subsurface features (drainage, equipment bases, etc.) falls within three feet (3’) of a marked Missouri 811 line, soft digging (hand digging, potholing, vacuum methods, pressurized air/water jetting, pneumatic hand tools, etc.) is required to more exactly locate the utility facility both horizontally and vertically. Utility facilities present within the right of way by permit, should be investigated by the utility owner. Utility facilities that would be reimbursable or partially reimbursable as defined in EP 643.2.8 will be investigated by MoDOT.&lt;br /&gt;
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==643.2.4 Conflict Determination==&lt;br /&gt;
Determination of whether a conflict exists between an existing utility facility and a proposed highway improvement project should occur at the earliest possible stage of project development. A conflict may be the result of the physical interaction between the roadway infrastructure and utility facility, a reduction in cover or increase in fill over underground utilities, a reduction in horizontal clearance whether above or below ground, a reduction in overhead vertical clearance, paving over utilities, or restricting a utility owner’s access to its utility facilities. District utilities staff should work with utilities to determine if a conflict exists and the appropriate plan of adjustment to remedy the conflict. The adjustment to the utility may be a relocation or another measure that protects the utility or access to the utility from the proposed highway improvement project. Determination of a conflict needs to be continually re-evaluated as the project design progresses. Continuing coordination is essential.&lt;br /&gt;
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==643.2.5 Utility Plan of Adjustment==&lt;br /&gt;
===643.2.5.1 Request for Plan of Adjustment===&lt;br /&gt;
District utilities staff will request a plan of adjustment from utility owners whose utility facilities are in conflict with a proposed highway project. The plan of adjustment may consist of efforts to relocate the utility or otherwise protect a utility from the impacts of the proposed highway project. Utilities are shown on the roadway plan and profiles sheets that are furnished to utility owners for use in planning required utility adjustments. Any other sheets such as drainage, traffic signal, lighting, or ITS plans that show impacts to a utility facility should also be provided to the utility owners. All adjustments, reimbursable or not, require a plan of adjustment furnished by the utility owner.&lt;br /&gt;
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A transmittal letter is included in the request for a plan of adjustment. The letter informs the utility owner that regardless of whether an adjustment is reimbursable, no physical adjusting or relocating of their utility facilities to accommodate the proposed highway improvement is to be performed without specific approval and authorization. Additionally, if any part of the adjustment has the potential to be reimbursable, they are advised:&lt;br /&gt;
# They may undertake preliminary engineering by their own forces upon approval by district utilities staff of the estimated costs of preliminary engineering.&lt;br /&gt;
# They may employ a consultant to do the PE work provided they request and obtain prior approval. See [[#643.2.6_Preliminary_Engineering_Requirements|EPG 643.2.6 Preliminary Engineering Requirements]].&lt;br /&gt;
# Any preliminary engineering costs accrued prior to the date of written authorization to proceed will not qualify for reimbursement.&lt;br /&gt;
# Replacement right of way or easements cannot be purchased without specific approval and authorization.&lt;br /&gt;
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===643.2.5.2 Proposed Plan of Adjustment===&lt;br /&gt;
Developing a plan of adjustment is a multi-step process. The utility owner will propose a conceptual approach to adjusting the utility facilities to allow highway construction. This conceptual approach is used as the basis for determining cost responsibility, estimate of costs for preliminary engineering and construction, developing the agreement if necessary, and final design of the adjustment. Negotiations between district utility staff and the utility owner’s representative can result in changes to the design throughout the process.&lt;br /&gt;
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Final plans of adjustment must contain a legend on the first sheet identifying the utility symbols used. They must also show the existing utility facilities and their disposition, the location of the new or adjusted utility facilities, the existing and new right of way lines, the limited or fully controlled access symbols (where applicable), the existing and proposed roadways, ramps, and outer roadways and any other pertinent roadway information. They must contain sufficient details concerning location, elevation, compaction, clean up, etc. to provide for the proper adjustment of the utility facility. Relocated and/or existing utility facilities that will remain in place must be dimensioned or indicated in a manner to show their location in respect to the right of way lines. It is preferred that the utility owner transmits the plan of adjustment by electronic deliverables in a format that can be incorporated into the roadway plans. This will reduce the time and effort necessary as well as increase the accuracy of transferring this information into the roadway plans.&lt;br /&gt;
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Plans of adjustment received from the utility owner are to be checked for compliance with MoDOT’s requirements ([[#643.1_Utilities_Location|EPG 643.1 Utility Location]]) by the district utilities staff. They are also checked to ensure compatibility with the roadway design. Any continuing conflicts are resolved through negotiations with the utility owner.&lt;br /&gt;
&lt;br /&gt;
Occasionally, it is impractical to perform a utility adjustment in accordance with MoDOT’s requirements. Sometimes the utility may request approval of a plan of adjustment that does not conform to these requirements. Deviation from MoDOT’s utility requirements is a variance. Refer to [[#643.1.8_Variances|643.1.8 Variance Process]] for additional guidance.&lt;br /&gt;
The final plan of adjustment is included as Exhibit “A” to the agreement ([[#643.2.12_Utility_Agreements|EPG 643.2.12 Agreements]]).&lt;br /&gt;
&lt;br /&gt;
==643.2.6 Preliminary Engineering Requirements==&lt;br /&gt;
Preliminary engineering (PE) can be performed one of four ways for utility adjustments:&lt;br /&gt;
# The utility owner can use its own engineering forces.&lt;br /&gt;
# MoDOT can select an engineering consultant, after consultation with the utility owner, and the consultant contract will be administered by MoDOT.&lt;br /&gt;
# The utility owner can select an engineering consultant, with approval by MoDOT, and the consultant contract will be administered by the utility owner.&lt;br /&gt;
# If a utility adjustment is being included in a MoDOT administered construction contract, the preliminary engineering of the adjustment can be provided by MoDOT.&lt;br /&gt;
&lt;br /&gt;
For reimbursable utility adjustments, the amount paid to engineers, architects, and others for required engineering and allied services can be included in reimbursement amount provided such amounts are not based on a percentage of the costs of the necessary adjustments to allow highway construction. Reimbursement is available for contracts executed after solicitation of a consultant for the specific adjustment or existing continuing contracts when it is demonstrated that such work is performed regularly for the utility owner in its own work and that the costs are reasonable.&lt;br /&gt;
&lt;br /&gt;
A [https://epg.modot.org/forms/general_files/DE/UtilityConsultantContractChecklist.docx checklist is available for reviewing consultant-engineering contracts] to ensure the contract conforms to MoDOT policy and complies with applicable federal regulations. District utilities staff should use the checklist to review contracts and may consult with Audits and Investigations Division as necessary. The procedures in 23 CFR part 172, Administration of Engineering and Design Related Service Contracts may be used as a guide for reviewing proposed consultant contracts. [[:LPA:136.4_Consultant_Selection_and_Consultant_Contract_Management|EPG 136.4 Consultant Selection and Consultant Contract Management]] may also be used as a guide.&lt;br /&gt;
&lt;br /&gt;
===643.2.6.1 Solicited Consultant Contracts===&lt;br /&gt;
If solicitation of PE services is required for reimbursable utility adjustments, the utility owner must provide the following documents and information to district utilities staff. These documents need to be provided as soon as the utility owner has chosen to solicit a consultant. Document 1 must be supplied by all utility owners. Documents 2 and 3 are only required when the utility owner is a local government agency who is also a political subdivision of the state of Missouri (e.g., city-owned utilities, county-owned utilities). All other utility owners are encouraged, but not required, to provide Documents 2 and 3:&lt;br /&gt;
# A statement that the utility owner is not staffed or able to perform the required PE services with its own forces.&lt;br /&gt;
# Provide the names of at least three (3) consultants considered.&lt;br /&gt;
# The criteria used to evaluate each consultant and reasons why the selected consultant was selected.&lt;br /&gt;
&lt;br /&gt;
The following documents need to be provided as soon as the utility owner has successfully negotiated and entered into a contract with the consultant:&lt;br /&gt;
# The name and address of the selected consultant.&lt;br /&gt;
# A statement that the &amp;quot;[https://epg.modot.org/forms/general_files/DE/CertificationOfConsultant.docx Certification of Consultant]&amp;quot; will be furnished immediately upon award of the contract to the consultant.&lt;br /&gt;
# One executed copy of the proposed engineering contract or agreement between the utility owner and consultant, only if the engineering will exceed $5,000.00.&lt;br /&gt;
# The consultant&#039;s fixed (lump sum) or estimated fee (actual cost) and the contract maximum.&lt;br /&gt;
# A cost summary providing a detailed breakdown of the basis for the consultant&#039;s compensation, including estimated labor hours, hourly rates for each classification, overhead rate (if used), the amount of profit charged, and any other estimated charges such as travel expenses, equipment rentals, etc. If an overhead rate is used, the consultant must also submit the supporting overhead rate calculations.&lt;br /&gt;
# An independent cost estimate of engineering services provided by the utility owner to use in comparison to the consultant’s proposed engineering services to check for cost reasonableness.&lt;br /&gt;
&lt;br /&gt;
===643.2.6.2 Continuing Consultant Contracts===&lt;br /&gt;
When a utility owner chooses to use an existing continuing contract for PE services, the utility owner must provide the following documents and information to the district utilities staff as soon as possible.&lt;br /&gt;
# A statement that the utility owner is not staffed or able to perform the engineering with its own forces.&lt;br /&gt;
# The name and address of the consultant under the existing continuing contract.&lt;br /&gt;
# A statement that the &amp;quot;[https://epg.modot.org/forms/general_files/DE/CertificationOfConsultant.docx Certification of Consultant]&amp;quot; will be furnished.&lt;br /&gt;
# A copy of the continuing contract to the district utilities staff. The district utilities staff will review the contract for reasonableness of cost.&lt;br /&gt;
# The consultant&#039;s fixed (lump sum) or estimated fee (actual cost) and the contract maximum for the work associated with the utility adjustment.&lt;br /&gt;
# A cost summary providing a detailed breakdown of the basis for the consultant&#039;s compensation, including estimated labor hours, hourly rates for each classification, overhead rate (if used), the amount of profit charged, and any other estimated charges such as travel expenses, telephone, etc. If an overhead rate is used, the consultant must also submit the supporting overhead rate calculations.&lt;br /&gt;
# An independent cost estimate of engineering services provided by the utility owner to use in comparison to the consultant’s proposed engineering services to check for cost reasonableness.&lt;br /&gt;
&lt;br /&gt;
===643.2.6.3 Consultant Contract Changes===&lt;br /&gt;
If a PE services contract between a utility owner and a consultant needs to be revised, a copy of the revised contract, fee, and schedule should be submitted by the utility owner to the district utilities staff prior to allowing for contract changes. District utilities staff should review the contract changes to ensure the revised contract conforms to MoDOT policy and complies with applicable federal regulations.&lt;br /&gt;
&lt;br /&gt;
==643.2.7 Environmental and Right of Way==&lt;br /&gt;
===643.2.7.1 Utilities and Environmental Clearances===&lt;br /&gt;
District utilities staff should coordinate with the TPM and utility owner’s representative to understand and communicate on known environmental and cultural constraints that could impact a utility owner’s plan of adjustment. This will allow the utility owner to consider permitting timelines and alternatives that avoid environmental or cultural resources to keep the project on schedule.&lt;br /&gt;
&lt;br /&gt;
One strategy to make project delivery more efficient and ensure regulatory compliance is for MoDOT to obtain the environmental and cultural resource permits and clearances for the utility owners associated with a roadway improvement while obtaining its own. This would generally only be for the permits and regulatory clearances MoDOT already needs to pursue as a part of the transportation improvement.&lt;br /&gt;
&lt;br /&gt;
District utilities staff should coordinate with the utility owner’s representative early in the project timeline to determine if it is in the best interest of both MoDOT and the utility owner to obtain permits and environmental clearances jointly. The following strategies can be utilized to determine if a joint approach to environmental work should be pursued:&lt;br /&gt;
* If utility facilities are moving to a location within or immediately adjacent to MoDOT right of way, a utility owner may be invited to participate in permitting and environmental compliance activities.&lt;br /&gt;
* If utilities move to a location not within or adjacent to MoDOT right of way, the utility company would not normally be invited to participate in permit applications and environmental compliance activities. However, some unique projects may necessitate further attention and should be discussed with the Design Liaison Engineer.&lt;br /&gt;
&lt;br /&gt;
If MoDOT and the utility owner agree to obtain joint permits and clearances, written communication between the utility owner’s representative and the district utilities staff should document the following items:&lt;br /&gt;
* List of the permits and clearances that MoDOT will acquire on behalf of the utility owner.&lt;br /&gt;
* List of the information needed from the utility owner in order for MoDOT to acquire the permits and clearances.&lt;br /&gt;
* Schedule and deadlines for submittal of the information by the utility owner. For example: utility plans, fill quantities, construction methods, dates, or seasons of construction.&lt;br /&gt;
&lt;br /&gt;
Permits and clearances that may be needed by both a utility owner and MoDOT include:&lt;br /&gt;
* [[127.7_Threatened_and_Endangered_Species|Endangered Species Act consultation and clearance]]&lt;br /&gt;
* [[127.2_Historic_Preservation_and_Cultural_Resources#127.2.1.1_Historic_Preservation_Regulations_and_Laws|Section 106 of the National Historic Preservation Act clearance]]&lt;br /&gt;
* [[127.10_Section_4(f)_Public_Lands|Section 4(f) clearance]]&lt;br /&gt;
* [[127.10_Section_4(f)_Public_Lands#127.10.1.4_Section_6(f)_Laws_and_Regulations|Section 6(f) of the Land and Water Conservation Fund Act clearance]]&lt;br /&gt;
* [[127.4_Wetlands_and_Streams|Section 401 and Section 404 of the Clean Water Act permits]]&lt;br /&gt;
* [[:Category:806_Pollution,_Erosion_and_Sediment_Control#806.1_Introduction_(see_Sec._806)|Section 402 of the Clean Water Act permit (State Operating Permit for Erosion Control)]]&lt;br /&gt;
* [[127.8_Hazardous_and_Solid_Waste|Recommendations on contaminated soil disposition]]&lt;br /&gt;
&lt;br /&gt;
===643.2.7.2 Right of Way Acquisition and Utilities===&lt;br /&gt;
The Commission is obligated to acquire the width of right of way required by the design of the highway improvement. For utility facilities currently located within the Commission’s right of way, this includes the necessary space for the utility facilities impacted by the design of the highway improvement. Either additional right of way width to accommodate a utility corridor or a utility easement can be obtained for the relocation of utility facilities. When drainage easements are acquired along a channel, additional space for utility facilities should be considered to avoid conflicts between the utility facility and the bridge or culvert.&lt;br /&gt;
&lt;br /&gt;
District utilities staff should inform the utility owner’s representative of the potential of a conflict between an existing utility facility and a proposed highway construction project early in the project development process to allow sufficient time for the utility owner to prepare a plan of adjustment and notify the district utilities staff of any easement needs. When utility facilities are located on a utility owner’s private easement, the utility owner may obtain its own new easements. If the utility owner is not in a position to negotiate for new easements or if the utility owner’s policies will not permit it to condemn property to obtain the easement, MoDOT can acquire the easement in the same manner roadway right of way is obtained. The district utilities staff should verify the utility owner is aware of the opportunity to have MoDOT acquire the easement, and the utility owner should provide written documentation on whether the utility owner would like to pursue this option with MoDOT.&lt;br /&gt;
&lt;br /&gt;
For situations where the utility owner will obtain its own replacement right of way and the cost of the adjustment is MoDOT’s responsibility, the utility right of way cost should be reviewed by the district right of way department to ensure the cost is reasonable and acquisition followed state and federal regulations. In order to expedite utility adjustments necessary to allow highway construction, the district utility staff may authorize the utility owner to obtain easements prior to all details of a plan of adjustment being developed. In this situation, the district utilities staff should ensure enough details are known to justify the needed right of way, and an agreement for right of way costs only should be executed with the utility owner.&lt;br /&gt;
&lt;br /&gt;
For situations where MoDOT will obtain the right of way necessary to allow highway construction, district utility staff should negotiate with the utility owner’s representative to ensure all necessary utility easements are shown on the approved right of way plans. The TPM should confirm with district utilities staff that the right of way plans accurately reflect the needs of the utility owners prior to requesting right of way plan approval. The district Right of Way Manager should confirm with district utilities staff before requesting an acquisition date (A-date). Every effort should be made to avoid adding utility easement requests once negotiations with property owners have begun.&lt;br /&gt;
&lt;br /&gt;
Occasionally, when negotiations cannot be completed for easements for the adjustment of utility facilities, it may be necessary to condemn for the property. District utilities staff should coordinate with the utility owner’s representative to ensure no alternate design for the adjustment of the utility facility is practical. The decision to condemn for easements for the adjustment of the utility facilities requires the exercise of good judgment in reaching the conclusion that further good faith negotiations are futile and condemnation is necessary to maintain the project in the scheduled letting. The TPM should coordinate with the district utilities staff and district Right of Way (RW) personnel on the condemnation proceedings.&lt;br /&gt;
&lt;br /&gt;
Easement and other right of way documents used with utility owners are handled in accordance with procedures established jointly with RW and district utilities staff. District survey staff prepare the land descriptions for use in utility easements. The district utilities staff is responsible for completion of the easements in the correct form and scope. A sketch delineating the area described is attached to the easement as Exhibit “A”. Communication with the Design Division will ensure use of proper forms, corporate names and locations, and particular wording required for joint ownerships. The description for a utility easement is to be referenced to the nearest land corner shown on the plans. Examples of easements can be found in the template list in [https://netprod3.dot.missouri/eAgreements/Search/QuickSearch eAgreements].&lt;br /&gt;
&lt;br /&gt;
In situations where MoDOT is acquiring right of way with existing utility easements, but the district utilities staff and the utility owner’s representative agree that the utility facility may remain in place, the utility owner will release the property to the Commission separate from the right of way acquisition. This is done by executing an Easement for Highway Construction (UT16). The utility owner grants and conveys, with warranty of title expressed or implied, to the Commission, the right to construct, reconstruct, and maintain a highway over and across that portion of the easement owned and held by the utility owner. In the future, the utility owner retains any reimbursable rights should future projects require adjustments to allow highway construction.&lt;br /&gt;
&lt;br /&gt;
==643.2.8 Cost Responsibility==&lt;br /&gt;
In addition to determining if a conflict exists between an existing utility facility and a highway improvement project, it is important to determine who is responsible for the costs of the necessary adjustments to allow highway construction. An adjustment for which the Commission is responsible for the costs is known as a reimbursable adjustment. An adjustment for which the Commission is not responsible for the costs is known as a non-reimbursable adjustment. An adjustment for which the Commission and the utility share responsibility for costs is known as a partially reimbursable adjustment. Adjustments determined to be reimbursable or partially reimbursable by the Commission are to be completed under the terms of an agreement executed between the utility owner and the Commission.&lt;br /&gt;
&lt;br /&gt;
===643.2.8.1 Commission Responsibility===&lt;br /&gt;
====643.2.8.1.1 Utility Facilities Located on Private Easements====&lt;br /&gt;
When the utility facility is located on a private easement within the new right of way to be acquired for a future project, the Commission is responsible for the cost of the necessary adjustments to allow highway construction. It may be possible that such easement does not have written easement rights. The Commission will honor this oral right provided acceptable documentation is provided by the utility owner to the district utilities staff. An [https://epg.modot.org/forms/general_files/DE/NonwrittenEasementRights_Example.docx example of acceptable documentation for not written easement rights] is available. Other forms of documentation will be considered on an individual basis.&lt;br /&gt;
&lt;br /&gt;
=====643.2.8.1.1.1 Future Moves=====&lt;br /&gt;
When the utility facility is located on a private easement, taken into the Commission’s right of way, the Commission may agree that any future moves of the same utility by Commission order may be made at the Commission’s cost. Documentation of this agreement is by an Easement for Highway Construction (UT16) agreement. If the Commission provides a substitute private easement, then the Commission will have future obligations consistent with the utility facility’s status in an easement.&lt;br /&gt;
&lt;br /&gt;
====643.2.8.1.2 Utility Facilities Located within Commission Right of Way====&lt;br /&gt;
When the utility facility is located within Commission right of way, but has prior land rights, the Commission is responsible for the cost of adjustments to allow highway construction. The utility owner is responsible for documenting to the satisfaction of the district utilities staff, the basis for the claim of prior land rights within Commission right of way. Time spent researching prior rights is considered coordination and is reimbursable.&lt;br /&gt;
&lt;br /&gt;
====643.2.8.1.3 City or County Utility Facilities on City or County Streets====&lt;br /&gt;
When roadway improvements are within the corporate limits of cities, towns, and villages, a municipal agreement is negotiated between the Commission and the municipality. Likewise, when roadway improvements are within the limits of a county and outside the municipal limits, a county agreement is negotiated between the Commission and the County Commission. Included in these agreements are provisions regarding reimbursement for adjusting city or county owned utility facilities. Reimbursement is provided for adjustment of city or county owned utility facilities that are now located on city or county streets and not on Commission right of way.&lt;br /&gt;
&lt;br /&gt;
====643.2.8.1.4 Lumen====&lt;br /&gt;
Lumen – National (formerly CenturyLink, Lightcore, or Digital Telephone, Inc. (DTI)) and the Commission have entered into a partnership agreement, “Amended and Restated Fiber Optic Cable on Freeways in Missouri,” executed June 5, 2003 which obligates the Commission to be responsible for the cost of the necessary adjustments to allow highway construction along the routes identified in the agreement. A copy of the agreement is available to district utilities staff.&lt;br /&gt;
&lt;br /&gt;
====643.2.8.1.5 Services to the Commission====&lt;br /&gt;
When a utility facility provides a service connection to local Commission facilities such as power to traffic signals, lighting, ITS, and cathodic protection and phone drops to traffic signal controllers or other Commission facilities, the Commission is responsible for the cost of the necessary adjustments to allow highway construction.&lt;br /&gt;
&lt;br /&gt;
====643.2.8.1.6 Private Service Lines====&lt;br /&gt;
While most utility owners reconnect the private service lines at no cost to the property owner, some do not. If a utility owner does not reconnect service lines, MoDOT can include adjustment of private service lines in roadway contracts. Bid items for relocating service connections are provided for the different types of anticipated adjustments.&lt;br /&gt;
&lt;br /&gt;
====643.2.8.1.7 Second Moves====&lt;br /&gt;
If the Commission requires additional work to a utility facility after the facility has been relocated or adjusted in accordance with a plan of adjustment approved by the Commission for a single project number, the Commission is responsible for the cost of the additional work regardless of whether the initial adjustment was Commission responsibility as outlined in other parts of [[#643.2.8.1_Commission_Responsibility|643.2.8.1]].&lt;br /&gt;
&lt;br /&gt;
The purpose of the policy is to encourage utilities to relocate early rather than waiting until plans are published for bidding. The policy eliminates the utility having to relocate twice at its own expense because of late changes in the design. It is best to have utilities relocated prior to construction, and this policy helps achieve that goal. Therefore, it is imperative that the designer notifies district utilities staff as soon as possible of any changes made after these plans have been sent. If notified immediately, it may be possible to inform the utility owner prior to their final design thereby eliminating a second move.&lt;br /&gt;
&lt;br /&gt;
Under this policy, the following are not considered second moves. Temporary and staged relocations necessary to accommodate construction and agreed upon by the utility and the Commission prior to relocation are considered a single move and are not subject to the provisions of the second move policy. If the Commission requires adjustment of a utility facility for which the utility owner is responsible for the cost of the adjustment and was originally determined to not need adjustment, the utility owner is responsible for the cost of the adjustment. The utility owner is responsible for the cost of additional work to any portion of the utility facility after the utility facility has been adjusted in accordance with a plan of adjustment approved by the Commission if the additional work is required by the Commission due to error by the utility owner in preparation of plan of adjustment, field location of, or construction of the adjustment of the utility facility.&lt;br /&gt;
&lt;br /&gt;
When evaluating construction contract changes by change order or value engineering, the impacts of the second move policy should be considered.&lt;br /&gt;
&lt;br /&gt;
===643.2.8.2 Utility Owner Responsibility===&lt;br /&gt;
====643.2.8.2.1 Utility Facilities Owned and Operated by a Political Subdivision====&lt;br /&gt;
When a utility facility is located within Commission right of way, but does not have prior land rights, the utility owner is responsible for the cost of the necessary adjustments to allow highway construction. When a utility facility is located on public right of way other than Commission right of way, the utility owner is responsible for the cost of the necessary adjustments to allow highway construction.&lt;br /&gt;
&lt;br /&gt;
When a political subdivision must bear part or all the cost of adjustments to their utility facilities, and the cost creates a financial hardship, the Commission, by its authorized representative, the Chief Engineer, may temporarily assume these costs. A payback agreement with the political subdivision will include an applicable interest rate for a comparable maturity from a widely published index of tax-exempt municipal rates obtained from Financial Services. Payback time will not exceed five (5) years.&lt;br /&gt;
&lt;br /&gt;
====643.2.8.2.2 Utility Facilities Other Than Those Owned by a Political Subdivision====&lt;br /&gt;
When a utility facility is on the right of way of a public road or street or on state highway right of way without prior land rights and adjustment is necessary to allow for the construction of a roadway improvement, the utility owner is responsible for the cost of the necessary adjustments to allow highway construction.&lt;br /&gt;
&lt;br /&gt;
===643.2.8.3 Shared Responsibility===&lt;br /&gt;
When a utility facility is located such that portions of it are a Commission responsibility and portions of it are a utility owner responsibility by the definitions above, the costs of the necessary adjustments to allow highway construction will be split by the Commission and the utility owner. If the exact cost for each party can be determined, each party will be responsible for their portion of the cost of relocating the utility facility. If the exact cost for each party cannot be determined, the parties will arrive at a percentage reimbursement on an equitable basis.&lt;br /&gt;
&lt;br /&gt;
===643.2.8.4 Notice of Hearing===&lt;br /&gt;
When relocation or other difficulties with utility facilities on public right of way arise that prevent resolution by negotiation, formal hearings will be required.&lt;br /&gt;
&lt;br /&gt;
The district initiates a request for a utility relocation hearing with a letter to the Chief Counsel’s Office (CCO) (a copy is provided to the Design Division) requesting a hearing date. CCO will arrange for a hearing room, court reporter, etc. and advise the district of the hearing date.&lt;br /&gt;
&lt;br /&gt;
The district will prepare the notice of hearing by strictly following the given format and serve the notice on all persons and utility owners listed. The property and utility owner must be served only by personal service or by mailing a certified letter, return receipt requested, no later than 15 days before the date of hearing. This will require the district to make every effort to identify the correct property owner before preparing the notice of hearing. To avoid delays, every attempt will be made to issue the hearing notice at least 30 days prior to the hearing date in case any property has changed ownership and any additional property owners must be served. A notice of hearing on service line connections will also be served on the private or public owner of the main or distribution line to which the service lines are connected. A notarized &amp;quot;[https://epg.modot.org/forms/general_files/DE/ReportOnPersonalService.docx Report of Personal Service]&amp;quot; will be completed when notification by certified mail is not used.&lt;br /&gt;
&lt;br /&gt;
One copy of the hearing notice and attachments, &amp;quot;[https://epg.modot.org/forms/general_files/DE/ReportOnPersonalService.docx Report of Personal Service]&amp;quot; and certified mail notices are to be submitted to CCO after notification is complete.&lt;br /&gt;
&lt;br /&gt;
Prior to the hearing, the district&#039;s representative will become familiar with the details of the utility adjustment in order to provide concise testimony to expedite the hearing process. CCO will assign an attorney to work with the district and present the case.&lt;br /&gt;
&lt;br /&gt;
Refer to 7 CSR 10-3.030 020 Utility Relocation Hearings for additional information.&lt;br /&gt;
&lt;br /&gt;
A Waiver of Hearing should be obtained for non-reimbursable adjustments to document the commitment of the utility owner to adjust its utility facilities without adversely impacting the highway construction project. This may be accomplished informally via written communications between the district utilities staff and the utility owner’s representative. A [https://epg.modot.org/forms/general_files/DE/WaiverOfHearingForm.docx formal Waiver of Hearing statement] may be requested by either MoDOT or the utility owner. A [https://epg.modot.org/forms/general_files/DE/WaiverOfHearingLetter.docx sample transmittal letter for the Waiver of Hearing] is available. For reimbursable or partially reimbursable adjustments, the formal agreement serves as the basis of documentation of this commitment.&lt;br /&gt;
&lt;br /&gt;
==643.2.9 Estimates==&lt;br /&gt;
District utilities staff will negotiate with utility owners to determine reimbursable costs of the necessary adjustments to allow highway construction ([[#643.2.8_Cost_Responsibility|EPG 643.2.8 Cost Responsibility]]). These estimates are prepared in accordance with the provisions of 23 CFR 645 and any amendment thereto. These estimates must reflect the same procedures and costs used by the utility owners in their normal operations and must also accurately represent the expected costs of the work. The utility owner’s estimate will be reviewed by the district utilities staff to ensure compliance with 23 CFR 645.&lt;br /&gt;
&lt;br /&gt;
===643.2.9.1 Independent Cost Estimate===&lt;br /&gt;
The independent cost estimate provides the basis for district utilities staff to review the utility owner’s estimate of costs of the necessary utility adjustments to allow highway construction and any subsequent negotiations with the utility owner. The district utilities staff should prepare an independent cost estimate. The independent cost estimate may be based on unit prices of anticipated items of work in a utility adjustment necessary to allow highway construction. The independent cost estimate alternately may be based on recent similar types of utility adjustments necessary to allow highway construction and scaled for size. Consultants can be used to develop the independent cost estimate. All documentation of the independent cost estimate should be placed in MoProjects.&lt;br /&gt;
&lt;br /&gt;
===643.2.9.2 Type of Project Cost Estimates===&lt;br /&gt;
Either Actual Cost or Lump Sum estimates may be used for estimating the costs on the necessary utility adjustments to allow highway construction. If an Actual Cost estimate is used, detailed records of materials, labor, and equipment are made by district utilities and/or construction staff during construction, and a final audit of the utility owner’s cost records is made to determine the Commission’s actual responsibility for costs of the adjustment completed to allow highway construction. If a Lump Sum estimate is used, a final audit of costs for an adjustment in payment is not required. The Actual Cost method requires more detailed record keeping and documentation by the utility owner and district staff during construction. The Lump Sum method requires more upfront detail and work by the utility owner and judgment on the district utilities staff on the acceptability of the cost. The district utilities staff will work with the utility owner’s representative to determine the best type of estimate and therefore agreement to use.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.2.1 Actual Cost Estimate====&lt;br /&gt;
The cost estimate that supports the actual cost agreement is prepared in sufficient detail to determine the reasonable expected cost of the work to support development of an agreement between the utility owner and the Commission. However, reimbursement is based on the actual costs of design and construction of the necessary adjustment to allow highway construction. The [https://epg.modot.org/forms/general_files/DE/ActualCostCostEstimate_Example.docx actual cost estimate] should detail all costs of the necessary adjustment to allow highway construction, even if the Commission is only responsible for a portion of the costs as detailed in EPG [[#643.2.8.3_Shared_Responsibility|643.2.8.3 Shared Responsibility]].&lt;br /&gt;
&lt;br /&gt;
[https://epg.modot.org/forms/general_files/DE/ActualCostCostEstimate_Example.docx Actual cost estimates] can be used for any dollar amount of reimbursement.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.2.2 Lump Sum Estimates====&lt;br /&gt;
The cost estimate that supports the lump sum agreement must be accurate, comprehensive, verifiable, and in sufficient detail to present a clear picture of the work involved and the cost of the individual items. The estimate may cover only that portion of the adjustment for which the Commission is responsible for the costs of the necessary utility adjustments to allow highway construction.&lt;br /&gt;
[https://epg.modot.org/forms/general_files/DE/LumpSumCostEstimate_Example.docx Lump sum estimates] are limited to a maximum of $200,000 of Commission responsibility of costs of the necessary utility adjustments to allow highway construction; however, exceptions may be made for special situations that have prior approval from Design Division. These exceptions usually cover major relocations for which the Commission&#039;s proportionate responsibility is extremely small.&lt;br /&gt;
&lt;br /&gt;
===643.2.9.3 Utility Cost Estimate Requirements===&lt;br /&gt;
Whether using an Actual Cost or Lump Sum estimate, the following should be included in the estimate, if applicable. If any of the following sections are not included in the estimate, a qualifying statement as to why the costs were not included should be provided.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.1 Scope of Work====&lt;br /&gt;
All estimates require a concise summary of the work to be performed on the estimate. An example is &amp;quot;an estimate of cost covering the work of relocating Company&#039;s 12-inch Cushing-Woodriver pipeline to accommodate construction of Route 47 in Franklin County on Job No. J6P0172&amp;quot;.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.2 Engineering Costs====&lt;br /&gt;
Costs of engineering, whether preliminary or construction, must be shown as separate items and are not to be included with &amp;quot;labor costs&amp;quot;. Concurrent cost accounting procedures of FHWA and MoDOT make this a necessity. See [[#643.2.6_Preliminary_Engineering_Requirements|EPG 643.2.6 Preliminary Engineering]] and [[#643.2.16.2_Construction_Contract_Requirements|EPG 643.2.16.2 Construction Contract Requirements]] for further information.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.3 Right of Way Costs====&lt;br /&gt;
A detailed estimate of the cost to acquire replacement easements by the utility owner is required. The cost should be supported by a right of way plan.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.4 Material Costs====&lt;br /&gt;
Quantities, description of the item, the unit cost, and the extended totals are shown. Percentage computations will be shown immediately following &amp;quot;total cost&amp;quot; so the utility owner’s and Commission&#039;s cost obligations are properly indicated. Unit assembly costs similar to those used by several of the rural electric association (R.E.A.) cooperatives are acceptable, provided the same units and charges are used in the utility owner’s regular operations. A handling charge conforming with the utility owner’s regular procedures may also be included.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.5 Labor Costs====&lt;br /&gt;
Hours, individual or crew rates, and extended totals are shown. Payroll additives such as insurance, retirement, social security, vacation, and other benefits are shown as a separate item under this heading in accordance with utility owner’s regular procedures. Adequate explanation must be given for total percentage used, especially in those cases where materials and labor are combined as unit costs or where labor percentages include additives and equipment requirements.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.6 Equipment Costs====&lt;br /&gt;
A description of the equipment to be used must be shown jointly with the number of hours to be charged. Rates charged for equipment usage must be justified by the utility owner’s established accounting procedures. When the utility owner does not have an established accounting procedure or a capitalization and depreciation schedule that is used in its own operations, the rates are to be established by using rental rate publications as a guide. A reasonable amount will be deducted, when using rental rate schedules, for profit that the rental company realizes. A full explanation of the methods used in establishing the rates must also be submitted to support the utility owner’s request and with approval of the district utilities staff.&lt;br /&gt;
&lt;br /&gt;
Equipment may be rented when the utility owner’s equipment is not available or is inadequate, with the rental rate justified by appropriate solicitation of bids. See [[#643.2.16.2_Construction_Contract_Requirements|EPG 643.16.2 Construction Contract Requirements]] for further information.&lt;br /&gt;
&lt;br /&gt;
Unusual accounting procedures may be accepted with adequate prior explanations and approval of the Design Division.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.7 Removal Costs====&lt;br /&gt;
These costs are estimated and shown in a similar method but separately from installation costs. When removal costs exceed salvage credits by more than the estimated cost of removal by the roadway contractor, an effort should be made to persuade the utility owner to abandon the utility facilities in place. An exception is made when the utility owner is required to remove abandoned utility facilities because of liability, hazard, or by specific agreement with the Commission. Abandoned utility facilities can be included with the miscellaneous removals in the roadway contract. It may be possible for the utility owner to remove those portions of the utility facility for which credits will exceed removal costs, with the remainder of the utility facility to be abandoned for removal in the roadway contract. Materials removed must be itemized, with the utility owner’s customary salvage credit given. Items to be scrapped or junked should be indicated. Whenever a utility facility or portion thereof is shown to be abandoned on the plan of adjustment, the roadway plans should be notated accordingly. This eliminates ownership problems if these utility facilities are removed or salvaged by the roadway contractor.&lt;br /&gt;
&lt;br /&gt;
When the utility facility is no longer needed and removal is necessary to accommodate the roadway project, the removal of the item may be handled either as a right-of way-item or a utility adjustment. When handled as a right of way item, the damages allowed are to equal the depreciated value of the utility facility, with the necessary removals being accomplished by the roadway contractor. If accomplished as a utility adjustment, the Commission, by utility agreement, will reimburse the utility owner for removal costs and receive salvage credit for the material removed, up to but not exceeding removal costs.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.8 Salvage of Removed Materials====&lt;br /&gt;
This statement, to explain the salvage credit or lack of credit, will reflect routine utility owner policy as well as the particular situation. The utility owner will place a value on any recovered material for salvage. District utilities staff should check this value for reasonableness. Examples of salvage statements include:&lt;br /&gt;
* Existing utility facilities to be abandoned in place, since the cost of salvaging, based on our past experience, will exceed their value.&lt;br /&gt;
* Only those items will be salvaged for which salvage credit will exceed the cost of removal and salvage.&lt;br /&gt;
* Company liability requires removal of the retired utility facilities, even though the cost of removal will exceed allowable credit for salvage.&lt;br /&gt;
* Salvage credits are in accordance with established company accounting procedures.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.9 Accrued Depreciation Credits====&lt;br /&gt;
Credit is required for the accrued depreciation of a utility facility that is being replaced. Examples are a building, structure, pumping station, filtration plant, power plant, substation, or other similar operational unit. Credit for accrued depreciation will not be required for a segment of the utility&#039;s service, distribution, or transmission lines. It is also not required when the building or structure is being moved as necessitated by the highway project. Acceptable accrued depreciation credit will be determined by using the following formula:&lt;br /&gt;
:&amp;lt;math&amp;gt;\frac{Actual \; Length \; of \; Service \; of \; Replaced \; Facility \; (Years)}{Total \; Estimated \;  Service \; Life \; of \; Replaced \; Facility \; (Years)} \times Original \; Cost \; (\$) = Credit&amp;lt;/math&amp;gt;&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.10 Betterment Credits====&lt;br /&gt;
Betterment means the upgrading of the utility facility being relocated, made solely for the benefit of and at the election of the utility owner and is not attributable to the roadway improvement. Credit to the Commission is required for the additional costs incurred for the betterments introduced in the adjusted utility facility. No betterment credit is required for additions or improvements which are:&lt;br /&gt;
* Required by the highway project&lt;br /&gt;
* Replacement devices or materials that are of equivalent standards although not identical&lt;br /&gt;
* Replacement of devices or materials no longer regularly manufactured with next highest grade or size&lt;br /&gt;
* Required by law under governmental and appropriate regulatory commission code&lt;br /&gt;
* Required by current design practices regularly followed by the utility owner in its own work, and there is a direct benefit to the highway project&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.11 Overhead Costs====&lt;br /&gt;
Overhead costs are usually a percentage of the total labor cost. This item must be in accordance with the utility owner’s established accounting procedures, which in some cases may include handling costs or be a percentage of the total cost of the work involved. Additional attention to overhead costs is required when the rate is different from previously accepted rates. Occasionally, it can be difficult to obtain the necessary information at the time of the estimate to approve the overhead rates. In this situation, the estimate can be approved with exception of the overhead rates for payment. The utility owner is informed of this matter with the understanding that the overhead rates could be approved and paid with submission of appropriate supporting data and Financial Services audit review.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.12 Prorating Costs====&lt;br /&gt;
The need for prorating utility adjustment costs occurs when both the Commission and the utility owner are responsible for a portion of the utility adjustment necessary to allow for highway construction, and the actual costs for reimbursement in each category cannot be explicitly determined. Generally, the following conditions require division of costs:&lt;br /&gt;
* The adjustment is considered partially reimbursable per [[#643.2.8.3_Shared_Responsibility|EPG 643.2.8.3 Shared Responsibility]]&lt;br /&gt;
* Betterments are included in the necessary adjustment of the utility facility&lt;br /&gt;
&lt;br /&gt;
The district utilities staff should negotiate with the utility owner’s representative to determine an equitable basis for the prorating of costs based on the characteristics of the utility adjustment necessary to allow for highway construction.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.13 Costs Records====&lt;br /&gt;
The estimate should include a statement as to where the utility owner’s cost records may be reviewed. An example: &amp;quot;Company cost records will be available in our office at 2134 Industrial Avenue, Tulsa, Oklahoma&amp;quot;.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.14 Other====&lt;br /&gt;
Additional statements will explain or further clarify the work that is included. Such other items may include bypasses, special equipment, need for larger utility facilities, etc.&lt;br /&gt;
&lt;br /&gt;
==643.2.10 Schedule==&lt;br /&gt;
Timely adjustments of utility facilities are essential for efficient completion of highway construction projects. Ideally, all utility adjustments are completed prior to a project’s Plans, Specifications, and Estimate (PS&amp;amp;E) submittal to Central Office. Depending on the specifics of the highway construction and utility adjustment necessary, early completion of the utility adjustment may not be practical. The district utilities staff should negotiate with the utility owner to determine the schedule parameters necessary for the utility adjustment. At a minimum, the utility owner should document the dates it anticipates starting and completing the work. If a utility adjustment depends upon the completion of a portion of the highway construction, the necessary milestone for starting the utility adjustment should be documented along with an anticipated number of working days to complete the utility adjustment. The schedule is included as Exhibit “C” to the agreement.&lt;br /&gt;
&lt;br /&gt;
==643.2.11 Pre-Audits==&lt;br /&gt;
The district utility staff performs a pre-audit review and approval prior to preparation of the agreement. A [https://epg.modot.org/forms/general_files/DE/PreAuditChecklist.docx pre-audit checklist] should be completed and saved in MoProjects.&lt;br /&gt;
&lt;br /&gt;
==643.2.12 Utility Agreements==&lt;br /&gt;
Whenever the Commission is responsible for the cost of the necessary adjustments to allow highway construction, an agreement is required. If a Master Reimbursable Utility Agreement (see [[#643.2.12.2_Master_Reimbursable_Utility_Agreements|EPG 643.2.12.2]]) has not been executed with the utility owner, a Project Specific Agreement (see [[#643.2.12.3_Project_Specific_Agreements|EPG 643.2.12.3]]) is executed between the utility owner and the Commission. In some cases, it may be more practical for the Commission to include adjustment of utilities into a Commission administered contract. A Utility Agreement - Actual Cost (For Utility Work That is to be Included in the Missouri Highways and Transportation Commission&#039;s Road Project) (see [[#643.2.12.4_Agreement_for_Utility_Work_Included_in_Roadway_Improvement_Project|EPG 643.2.12.4]]). Agreements include a plan of adjustment (Exhibit “A”), cost estimate (Exhibit “B”), and schedule (Exhibit “C”).&lt;br /&gt;
&lt;br /&gt;
The Utility Agreement boilerplate forms have been approved by the Chief Counsel’s Office (CCO). They are identified in the upper left-hand corner of each agreement by an identifier such as CCO Form: UT01 for the Master Reimbursable Utility Agreement. CCO updates these agreements as necessary. They serve as a guide in the preparation of the agreement to be executed with the utility owner for the adjustments required to their utility facilities to accommodate the proposed roadway improvement project. District utilities staff should use the latest version of the agreement found in [https://netprod3.dot.missouri/eAgreements/Search/QuickSearch eAgreements] in drafting an agreement with utility owners. A list of utility agreements and detailed information concerning the sequence for preparing and executing an agreement is available in  [[:Category:153_Agreements_and_Contracts|EPG 153 Agreements and Contracts]].&lt;br /&gt;
&lt;br /&gt;
These forms are to be used word for word. Revisions or additions are only made to address specific project details. The intent of each paragraph must be retained, although specific words may be revised to fit the particular situation. No paragraphs are deleted without prior approval from CCO. For guidance on acceptance of liability, refer to the [[:Category:153_Agreements_and_Contracts#153.1.1.2_Acceptance_of_Liability_Policy_(MoDOT_Access_Only)|Acceptance of Liability Policy]] at the CCO SharePoint page. Drafts of agreements having major revisions or complications are to be submitted, with supporting data, to Design Division for comment and approval.&lt;br /&gt;
&lt;br /&gt;
A reference to 23 CFR 645 is included in all agreements. Utility owners must be acquainted with these requirements and procedures. The incorporation of 23 CFR 645 by reference in all agreements eliminates the need for a second set of regulations to be included in the document.&lt;br /&gt;
&lt;br /&gt;
The agreement for the adjustment of a utility is prepared by the district utilities staff and submitted to the utility owner for execution. The agreement is based on the plan, estimate of cost which was prepared in accordance with 23 CFR 645, and schedule. Authorized individuals representing the utility owner will execute the agreement. The agreement must be signed, sealed, and if necessary, notarized by the utility owner. If the utility owner does not have or use a corporate seal, write &amp;quot;NO SEAL&amp;quot; under the signatures of the owner’s officers. Agreements with political subdivisions are to be supported by an appropriate ordinance, a copy of which is to be submitted with the executed agreements. All copies will be forwarded to the CCO for further handling. A fully executed copy of the agreement will be retained in eAgreements. If the agreement was executed using electronic signatures, the district utilities staff should forward an electronic copy of the fully executed agreement to the utility owner. If the agreement was executed using wet signatures, one (1) paper copy of the fully executed agreement will be returned by the Commission Secretary’s Office to the district utilities staff. The district utilities staff will forward this copy to the utility owner.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.1 Buy America Build America Requirements===&lt;br /&gt;
All agreements contain information on Buy America Build America (BABA) compliance. The utility owner should select the method of certification (See [[#643.2.19_Buy_America_Build_America_for_Utilities|EPG 643.2.19]]) at the time of agreement completion. The appropriate paragraph will be inserted into the agreement. All BABA compliance documents must be retained by the utility owner and made available upon request at no cost to the Commission and/or FHWA.&lt;br /&gt;
&lt;br /&gt;
====643.2.12.1.1 Utility Owner Self-Certification====&lt;br /&gt;
The City/Company certifies that when determining products/materials subject to Buy America Build America requirements to use in the performance of this Agreement, it shall use only such products/materials for which it has received a certification from its supplier, or provider of construction services that procures the product/material, certifying compliance with Buy America Build America requirements. This does not include products/materials for which waivers have been granted pursuant to 23 CFR 635.410. The City/Company will not be required to provide the Commission copies of the supplier certification as part of this Agreement or with the final invoice of said Commission’s Federal-Aid Highway Construction Project.&lt;br /&gt;
&lt;br /&gt;
====643.2.12.1.2 Vendor/Manufacturer Certification====&lt;br /&gt;
The City/Company certifies that when determining products/materials subject to Buy America Build America requirements to use in the performance of this Agreement, it shall use only such products/materials for which it has received a certification from its supplier, or provider of construction services that procures the product/material, certifying compliance with Buy America Build America requirements. This does not include products/materials for which waivers have been granted pursuant to 23 CFR 635.410. The City/Company shall provide to the Commission all Buy America compliance documents as outlined in the Commission’s Engineering Policy Guide 643. All required compliance documents shall accompany the final invoice submitted to the Commission.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.2 Master Reimbursable Utility Agreements===&lt;br /&gt;
The UT01: Master Reimbursable Utility Agreement (MRUA) is a statewide agreement that has been executed by the utility owner and the Commission for all future reimbursable utility adjustments between both parties. Once a MRUA is executed, no other utility agreements are required on design-bid-build projects. The district utilities staff should encourage utility owners to enter into a MRUA with the Commission to reduce potential future delays in executing a project specific agreement. A list of previously executed [https://modotgov.sharepoint.com/sites/DE/Utilities/Agreements/MRUA%20-%20Existing?csf=1&amp;amp;web=1&amp;amp;e=4LJHoa Master Reimbursable Utility Agreements (Modot Access Only)] is available. District utilities staff should add newly executed agreements to this list. The MRUA can be employed as either an actual cost ([[#643.2.12.3.1_Actual_Cost_Agreements|EPG 643.2.12.3.1]]) or lump sum ([[#643.2.12.3.2_Lump_Sum_Agreements|EPG 643.2.12.3.2]]) agreement. When the reimbursable adjustment will utilize a MRUA, the district utilities staff will prepare a MRUA correspondence letter (“letter agreement”) referencing the executed MRUA. A copy of the MRUA correspondence letter should be saved in MoProjects for reference by Financial Services, the district construction office, and the district staff responsible for inspection of utility adjustments. All project specific items such as type of agreement (actual cost or lump sum), plan of adjustment, estimated total cost, cost allocation, and schedule are addressed in the MRUA correspondence letter from the district utilities staff to the utility owner. A [https://epg.modot.org/forms/general_files/DE/flowchart.pdf flowchart of the MRUA process] is available.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.3 Project Specific Agreements===&lt;br /&gt;
If a utility owner does not have a MRUA with the Commission, a project specific agreement will be required for every project for which the Commission is responsible for the necessary adjustments to allow highway construction. The project specific agreement will be either an actual cost ([[#643.2.12.3.1_Actual_Cost_Agreements|EPG 643.2.12.3.1]]) or lump sum ([[#643.2.12.3.2_Lump_Sum_Agreements|EPG 643.2.12.3.2]]) agreement.&lt;br /&gt;
&lt;br /&gt;
====643.2.12.3.1 Actual Cost Agreements====&lt;br /&gt;
The UT03: Utility Agreement – Actual Cost is used when detailed estimates are not practical or costs appear to be questionable. Details on actual cost estimates can be found at [[#643.2.9.2.1_Actual_Cost_Estimate|EPG 643.2.9.2.1 Actual Cost Estimates]]. Once the final invoice on a UT03 is submitted to Financial Services, district utilities staff should change the status on the agreement in eAgreements to completed.&lt;br /&gt;
&lt;br /&gt;
====643.2.12.3.2 Lump Sum Agreements====&lt;br /&gt;
The UT02: Utility Agreement – Lump Sum eliminates the need for keeping detailed records of cost and the auditing of cost records. Estimates of cost must be prepared in detail for use of this agreement. When detailed estimates are not practical or costs appear unreasonable, actual cost agreements are to be used. Use of special forms of agreements, such as &amp;quot;subordination agreements&amp;quot;, which are desired by certain utility owners, is acceptable. These, too, must be revised to cover the particular situation. Details on lump sum estimates can be found at [[#643.2.9.2.2_Lump_Sum_Estimates|EPG 643.2.9.2.2 Lump Sum Estimates]]. Once the final invoice on a UT02 is submitted to Financial Services, district utilities staff should change the status on the agreement in eAgreements to “completed”.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.4 Agreement for Utility Work Included in Roadway Improvement Project===&lt;br /&gt;
The UT04: Utility Agreement - Actual Cost (For Utility Work That is to be Included in the Missouri Highways and Transportation Commission&#039;s Road Project) allows for the adjustment to be based on actual cost with the roadway contractor performing the utility work. Caution should be exercised in the type of utilities to be relocated in roadway contracts. Utilities recommended are waterlines and sewer lines. Other utilities, such as gas lines, communication lines, and power lines are to be studied thoroughly before being included in the project.&lt;br /&gt;
&lt;br /&gt;
The Transportation Project Manager and district utilities staff must plan ahead to get this work in the roadway contract. The utility owner must agree to include the utility adjustment in the roadway contract. The adjustment may be on highway right of way or on private easement in the name of the utility owner. The utility owner can agree to allow MoDOT’s contractor to work in its easement. However, district utilities staff in consultation with district right of way staff should review the easement documentation to verify the utility owner’s rights to the easement and any limitations on its use. MoDOT’s contractor can work and operate on both Commission right of way and on the utility easement, even when not directly connected to the Commission right of way, as part of the job site. Temporary construction easements may be necessary in addition to the utility easement to ensure adequate working room for the contractor.&lt;br /&gt;
&lt;br /&gt;
:The utility owner may request exemption to any liability for negligence of our contractor working on their easement. The Commission can assume that liability (refer to [[:Category:153_Agreements_and_Contracts#153.1.1.2_Acceptance_of_Liability_Policy_(MoDOT_Access_Only)|Acceptance of Liability Policy]]), but it should be included in the utility agreement if so desired by the utility owner. A Job Special Provision is necessary to require the MoDOT contractor to hold the utility harmless from all claims due to contractor negligence.&lt;br /&gt;
&lt;br /&gt;
Subsurface information, i.e. boring data, etc., should be obtained by the utility owner since it may be needed for the design of the utility adjustment. This information should be included in the plans. If the utility owner must bear all or part of the cost of the adjustment, the utility owner must agree to pay a pre-deposit to the Commission prior to opening bids on the project. This should be in the utility agreement. The pre-deposit will be credited to the &amp;quot;Missouri Highway and Transportation Commission - Local Fund.&amp;quot; Any interest earned in the fund will apply to the cost of the adjustments. The utility agreement will include language that the utility will inspect the installation and assume maintenance of the utility facility after construction. MoDOT will also provide engineering supervision to be sure the road contractor is in compliance with the contract. Utility plans and specifications are to be approved by the owner prior to submittal to the Central Office. The following items will provide minimum information to allow MoDOT’s contractor to bid the work.&lt;br /&gt;
# Individual bid items (not &amp;quot;lump sum&amp;quot;) should be established to promote better bidding and to handle overruns and underruns. Bid items not included on the Computer Stored Bid Item list should be &amp;quot;99&amp;quot; numbers.&lt;br /&gt;
# he bid package must be in our letting format. If the package was prepared by a consultant as if the utility owner were going to let it, all bid bond or bidding procedures must be screened to remove requirements contrary to MoDOT letting requirements. District utilities staff should work with the Transportation Project Manager, Design Liaison Engineer, and Central Office Bidding and Contract Services to ensure this requirement is met.&lt;br /&gt;
# The specifications required by the utility owner should be reviewed for items that could cause a bid problem for our contractor. Items such as non-readily available materials or sizes should be avoided.&lt;br /&gt;
# Utility plan sheets should be .pdf files equivalent to 22 in. x 34 in. It is helpful to have a quantity sheet specifically for utility items.&lt;br /&gt;
# Any special procedures required for the utility installation should be included in the Job Special Provisions.&lt;br /&gt;
# The utility package should be submitted on-time to Central Office with other project plans.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.5 Agreement for a Utility Only Project===&lt;br /&gt;
Any of the above agreements can be modified for a utility only project separate from the roadway project. The utility only project may be done by forces hired by the utility owner or by the Commission. A separate utility only project has distinct advantages when the following occurs:&lt;br /&gt;
* The utility work is extensive&lt;br /&gt;
* It must be performed in accordance with the utility owner’s seasonal requirements&lt;br /&gt;
* It extends beyond the limits of the construction project&lt;br /&gt;
* It must be performed considerably in advance of the roadway contract&lt;br /&gt;
&lt;br /&gt;
Necessary environmental and design work is still required for the limits of the separate utility only project. It may be necessary in these cases to have a second agreement with the utility owner to cover any other work that must be performed concurrently with the roadway contract. These latter agreements will use the roadway construction job number. Early need for utility projects is to be determined at the time when the STIP is updated each year. The utility construction funds will be shown in the year right of way funds are assigned. This will be done whenever possible to secure early adjustment of utility facilities. A request by the district is sent to the Planning Division. Estimated dollar amounts for utility adjustments are needed. These are estimates and do not need to be extremely accurate. When a special utility project is established, it is preferred, if at all possible, to include all the utility adjustments necessary for the entire roadway project. If funds are available, additional agreements can be added to this utility project until the final invoice for the first completed agreement is received for payment.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.6 Supplemental Agreements===&lt;br /&gt;
For utility owners with a UT01 agreement, a supplemental letter agreement documenting the change in the scope or cost of the work is acceptable.&lt;br /&gt;
&lt;br /&gt;
The UT05: First Supplemental Agreement is used to document changes to UT02 and UT03 agreements. If changes to the scope of work occur that are anticipated to exceed $100,000 or 15% of the original agreement, a UT05 is required. If the final invoice on an actual cost adjustment without changes in the scope of work exceeds the limits shown in the table below, a UT05 is required.&lt;br /&gt;
&lt;br /&gt;
{| class=&amp;quot;wikitable&amp;quot; style=&amp;quot;margin-left: 25px; text-align:center&amp;quot;&lt;br /&gt;
! Amount in Original Actual Agreement !! Final Bill Total Exceeds Original Amount by:&lt;br /&gt;
|-&lt;br /&gt;
| 0-$25,000 || 50%&lt;br /&gt;
|-&lt;br /&gt;
| $25,000-$100,000 || 40%&lt;br /&gt;
|-	&lt;br /&gt;
| Exceeds $100,000 || 30%&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
Should multiple UT05s be required with the same utility owner, the UT05 should be modified for additional supplemental agreements. Once the final invoice on an UT05 is submitted to Financial Services, district utilities staff should change the status on the agreement in eAgreements to “completed”.&lt;br /&gt;
&lt;br /&gt;
==643.2.13 Utility Adjustments in Roadway Plans and Job Special Provisions (JSPs)==&lt;br /&gt;
It is the responsibility of the MoDOT Transportation Project Manager (TPM) to ensure utility plans of adjustment are shown on the project plans at the Plan, Specification, and Estimate (PS&amp;amp;E) stage based upon information coordinated by the district utilities staff with the appropriate utility owner.&lt;br /&gt;
&lt;br /&gt;
===643.2.13.1 Plans===&lt;br /&gt;
A legend showing all applicable utility symbols and the names of the utility owners is shown on the first special utility sheet. In the absence of special utility sheets, this information may be shown on the title sheet or the first plan and profile sheet. The following note is required to be placed on the title sheet or the first plan and profile sheet and the first special utility sheet (if used) to inform contractors of the suitability of the utility information contained on the plans.&lt;br /&gt;
&lt;br /&gt;
&amp;quot;The existence and approximate location of utility facilities known to exist, as shown on the plans, are based on the best information available to the Commission at this time. This information is provided by the Commission &amp;quot;as-is&amp;quot; and the Commission expressly disclaims any representation or warranty as to the completeness, accuracy, or suitability of the information for any use. Reliance upon this information is done at the risk and peril of the user, and the Commission shall not be liable for any damages that may arise from any error in the information&amp;quot;.&lt;br /&gt;
&lt;br /&gt;
===643.2.13.2 Job Special Provisions===&lt;br /&gt;
Since the addition of utility information on the plans, supplied by a third party, could subject the Missouri Highway and Transportation Commission to additional liability, a Utility JSP reflecting the status of utility adjustments will be required. The JSP will include the name, address, e-mail address, and telephone number of all utility owner representatives for all utility facilities located on the project. The anticipated adjustment completion date for each utility adjustment is also to be shown based on the agreed upon dates, durations, or completion dates with the utility owner’s representative. This information will inform the bidder of the status of utilities for proper work coordination that could affect the bids for the proposed highway construction project. Status notations will include general notations such as: “N/A”, “Work is in progress”, “Work has not started”, “Work is complete”, and “Work is included in contract.”&lt;br /&gt;
&lt;br /&gt;
===643.2.13.3 PS&amp;amp;E Submittal===&lt;br /&gt;
In the District Final Plans Submittal Checklist (D-12), the TPM should note any issues related to existing utility facilities or the adjustment of utility facilities either shown or not shown on the plans. Projects with “No Utility Impacts” such as some overlays, striping, bridge washing, etc. do not need a Utility Status Letter or Utility JSP. The D-12 is used for these projects. In the D-12, under Project Details – “Utilities”, the note “NO” is selected and under “Status”, select “Clear”. For all other projects, the district utilities staff will write a [https://epg.modot.org/forms/general_files/DE/utilitystatusletter Utility Status Letter]. The TPM will include the Utility Status Letter with the submittal of the final plans to the Design Division. The Utility Status will be defined as:&lt;br /&gt;
# Utility facilities are present, but no conflict is anticipated with the highway construction project. Or,&lt;br /&gt;
# All utility facilities requiring adjustment to allow highway construction have been physically adjusted on the project. Or,&lt;br /&gt;
# Utility construction work is planned or active and will be completed to such a point that no impact will be expected to the highway construction project. The status of this work is defined in the utility JSP. Or,&lt;br /&gt;
# Utility facilities are not expected to be adjusted by the notice to proceed date for the road project, but the utility work will have no impact on the progress of the highway construction project. The status of this work is defined in the utility JSP. Or,&lt;br /&gt;
# Utility facilities must be adjusted after the road contractor completes stage construction or in coordination with the contractors’ work. Details of the coordination effort required of the contractor are defined in the utility JSP to properly advise bidders. Or,&lt;br /&gt;
&lt;br /&gt;
# Utility adjustment plans and specifications are included in the bid documents for the highway construction project. A UT04 agreement must be executed.&lt;br /&gt;
&lt;br /&gt;
==643.2.14 Payment to Utility Companies for Reimbursable Work==&lt;br /&gt;
Authorization and federal funding obligation must be approved prior to incurring costs. This applies to all types of work on utility facilities including preliminary engineering. An obligation is a commitment by the federal government to reimburse MoDOT for the federal share of a project’s eligible cost.&lt;br /&gt;
&lt;br /&gt;
===643.2.14.1 Obligation Process===&lt;br /&gt;
Federal funding can be used with both lump sum and actual cost agreements. After the utility agreement is fully executed, the district utilities staff will email a copy of the utility agreement or the letter agreement referencing the MRUA to the email group OBLIGATE. This email should request the authorization authority for use of federal funds and to be informed of a Notice to Proceed (NTP) (see [[#643.2.15_Notice_to_Proceed|EPG 643.2.15]]) date by Financial Services once federal funding has been obligated. District utilities staff should allow three (3) weeks to receive the NTP. Financial Services will use Advance Construction (AC) funding to fund reimbursement to utility owners. With AC funding, state funds initially are used to pay for reimbursement to utility owners. Once construction is complete, with appropriate documentation of the work via the [https://epg.modot.org/forms/general_files/DE/C-9.docx C-9] and [https://epg.modot.org/forms/general_files/DE/C-13.docx C-13], Financial Services will convert to federal funding.&lt;br /&gt;
&lt;br /&gt;
===643.2.14.2 Preliminary Engineering===&lt;br /&gt;
On occasion, preliminary engineering (PE) may need to be undertaken by the utility owner prior to the execution of a utility agreement. If a utility owner has a MRUA, an estimate of the cost of the PE work by the utility owner may be used to obligate funding for preliminary engineering under the MRUA as a PE only letter agreement. If a lump sum or actual cost agreement will be required with the utility owner for the project, district utilities staff should do two (2) agreements with one agreement covering PE only, and once a design for the adjustment is obtained, a second agreement for the construction of the adjustment should be executed. If a separate PE only agreement is obtained, NTP will need to be issued twice to the utility owner: once for PE and once for construction.&lt;br /&gt;
&lt;br /&gt;
===643.2.14.3 Right of Way===&lt;br /&gt;
Once Notice to Proceed has been given, the utility owner may begin the right of way acquisition process. If the utility owner needs to acquire right of way prior to a full agreement for relocation has been negotiated, the agreement specifically for the acquisition of right of way should be executed. This agreement will be sent to Financial Services to begin the obligation process.&lt;br /&gt;
&lt;br /&gt;
===643.2.14.4 Construction===&lt;br /&gt;
Payment to utility owners for construction of the adjustment may occur in a number of phases.&lt;br /&gt;
&lt;br /&gt;
====643.2.14.4.1 Prepayment====&lt;br /&gt;
Per the utility agreement, the Commission allows utility owners to be prepaid prior to commencing work. The district utilities staff may negotiate the prepayment if the utility owner is receptive. The utility owner will submit a request for prepayment with an invoice prior to any prepayment. Route, county, and job number must be included in the request. The district utilities staff will submit a request to Financial Services with a copy saved in MoProjects for future reference by the district staff responsible for inspection of the utility adjustment.&lt;br /&gt;
&lt;br /&gt;
====643.2.14.4.2 Progress Payments====&lt;br /&gt;
If a utility owner has not been prepaid the entire estimated amount in the utility agreement, then the utility owner may request progress payments after completing a portion of the proposed work, including PE.&lt;br /&gt;
&lt;br /&gt;
Progress payments for PE by consultants should not exceed the &amp;quot;maximum not to exceed amount&amp;quot; shown in the cost estimate unless additional costs are approved first by district utilities staff.&lt;br /&gt;
&lt;br /&gt;
For progress payments, the utility owner is required to submit only a summary of work and materials for which payment is claimed, not a detailed billing. District utilities staff should check only to be sure that sufficient work has been done to justify making the requested payment. Payment should be made for allowable costs incurred up to the date of the progress payment request.&lt;br /&gt;
&lt;br /&gt;
Progress payment invoices do not relieve the utility owner of the responsibility of submitting one complete and final invoice upon completion of the adjustment. The utility owner’s address must be shown on the invoice. The district utilities staff should submit progress payment invoices and applicable C-9s to Financial Services within one (1) week of receipt of invoice.&lt;br /&gt;
&lt;br /&gt;
One copy of the progress payment and one copy of the district utilities staff letter of recommendation must be sent to Financial Services for payment and be stored in MoProjects. The cover memo should include the project number, route, county, actual cost or lump sum utility agreement, Commission obligation percentage, total cost estimate of Commission obligation, and indicate the progress payment number, i.e., progress payment number 1, 2, 3, etc. If more than one progress payment is requested by the utility company, the district should submit progress payment bills to Financial Services in the following format:&lt;br /&gt;
{| class=&amp;quot;wikitable&amp;quot; style=&amp;quot;margin-left: 25px; text-align:center&amp;quot;&lt;br /&gt;
! Payment !! Amount&lt;br /&gt;
|-&lt;br /&gt;
| Progress Payment #1 || $50,000&lt;br /&gt;
|-&lt;br /&gt;
| Progress Payment #2 || 10,000&lt;br /&gt;
|-	&lt;br /&gt;
| Total Payment to Date || $60,000&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
This format will help clarify payment history with the utility owner. Progress payments for actual cost utility agreements may not exceed the Commission&#039;s total estimated cost shown in the agreement. However, if the request for a progress payment exceeds the original estimate, a change order with explanation should accompany the request. (See [[#643.2.16.5_Change_Orders|EPG 643.2.16.5 Change Orders]].)&lt;br /&gt;
&lt;br /&gt;
====643.2.14.4.3 Final Payment====&lt;br /&gt;
Utility owners are required to submit a detailed final invoice to MoDOT for all actual cost reimbursable utility work and for any lump sum reimbursable utility work that was not prepaid. For prepaid lump agreements, the utility owner must submit a zero-dollar ($0) invoice to demonstrate the work has been completed. After the utility work has been fully completed, the district utilities staff responsible for inspection should send the utility owner a “60 Day” [https://epg.modot.org/forms/general_files/DE/FinalInvoiceLetter.docx Final Acceptance Letter] requesting a complete final invoice within 60 days, as detailed in the utility agreement. If the final invoice is not received from the utility owner within 30 days, then a follow up letter should be sent (i.e., “30 Day” [https://epg.modot.org/forms/general_files/DE/FinalInvoiceReminderLetter.docx Reminder Final Invoice Letter]) reminding the utility owner of its obligation to submit a final invoice within 60 days of the completed work. If a final invoice from the utility owner is not received within this timeframe, then the district utilities staff should contact the Design Liaison Engineer for guidance on how to close out the work.&lt;br /&gt;
&lt;br /&gt;
The district utilities staff is expected to check the final bill within two (2) weeks after receipt in as much detail as possible against the C-9. It is their responsibility to verify from field records the quantities of labor, equipment, material used, material retired, and to justify all changes made. If the utility owner’s contractor made the adjustment at unit cost prices, then it is the district utility staff’s responsibility to verify the number of units completed and not the hours of labor and equipment. It is also important for the utility owner to show the words “final bill” or “final invoice” on the last bill, in order for MoDOT to understand that no additional charges will be made on the adjustment. The final bill must show a general description of the utility adjustment, the highway project number, the date on which work was completed or last item of billed expense was incurred, and the location where records can be audited. The order of items in the final statement should follow as closely as possible the order of items in the original estimate. A summary, on the utility owner’s letterhead, of the total cost of preliminary engineering, construction engineering, right of way, labor, overhead, construction travel expense, transportation, equipment, materials, supply, handling, and salvage credits should be shown in a way that will permit direct comparison with the approved estimate from the original or supplemental agreements (see [[#643.2.12.6_Supplemental_Agreements|EPG 643.2.12.6]]).&lt;br /&gt;
&lt;br /&gt;
If the Actual Cost final invoice shows a much higher cost than the original estimate without scope change, the utility owner is required to give reasons in a letter to the district utilities staff explaining why the invoice cost increased. When the Actual Cost final invoice exceeds the amount shown in the table in [[#643.2.12.6_Supplemental_Agreements|EPG 643.2.12.6]], a supplemental agreement is required.&lt;br /&gt;
&lt;br /&gt;
When the district utilities staff has determined that the final invoice is accurate, the C-13 should be completed. Once the C-13 is completed, the C-13 and the final invoice from the utility owner are forward to Financial Services. For Actual Cost agreements, the C-9s should also be included in this transmittal. If no additional payments are required, the district utilities staff should note this in the transmittal as well. If the final invoice indicates previous payments to a utility owner exceeded the final invoice, the utility owner will need to send MoDOT a check for the overpayment amount. The check should be made payable to Director of Revenue – Credit State Road Fund. If the utility owner did not send MoDOT an overpayment check with the final invoice, district utilities staff should send a letter to the utility owner requesting the refund amount. Submittal of the final invoice to Financial Services should not occur until repayment has been received. The submittal to Financial Services should note the receipt of the repayment check.&lt;br /&gt;
&lt;br /&gt;
==643.2.15 Notice to Proceed==&lt;br /&gt;
For PE only, once an agreement has been executed, and Financial Services has advised that authorization from FHWA has been received, district utilities staff will issue a notice to proceed (NTP) letter to the utility owner for the PE. For agreements that include PE and construction or once a final agreement for construction has been executed, right of way clearance has been issued, and Financial Services has advised that authorization from FHWA has been received, the district utilities staff will issue NTP to the utility owner for construction. See [https://epg.modot.org/forms/general_files/DE/NoticeToProceedExampleLetter.docx Example of Notice to Proceed Letter]. If salvage credit is part of the agreement with the utility owner, the NTP letter should include a statement that the utility owner will need to inform district utilities staff of the time and place that inspection may be made of the removed material. The utility owner may be held accountable for full value of materials disposed without proper notice. Utility owners may purchase materials prior to NTP for construction; however, no other work on the adjustment necessary to allow highway construction may begin prior to NTP for construction. The utility owner, for reasons of planning their workload or due to seasonal situations, may request early authorization to perform the work. This request, with the district utilities staff recommendations, is sent to the Design Liaison Engineer for further handling, approval, and advancement of the necessary funds. A copy of the NTP should be saved in MoProjects. If a utility owner begins adjustments prior to NTP for construction, district utilities staff should notify the utility owner immediately in writing that reimbursement will not be made for work done prior to NTP for construction.&lt;br /&gt;
&lt;br /&gt;
==643.2.16 Construction of Utility Adjustments==&lt;br /&gt;
===643.2.16.1 Utility Owner Self-Perform===&lt;br /&gt;
As per 23 CFR 645.115 Construction, it may be cost-effective for certain utility adjustments to be performed by a utility owner with its own internal forces and equipment, provided the utility owner is qualified to perform the work in a satisfactory manner. This cost-effectiveness finding covers minor work on the utility owner’s existing utility facilities routinely performed by the utility owner with its own forces.&lt;br /&gt;
&lt;br /&gt;
===643.2.16.2 Construction Contract Requirements===&lt;br /&gt;
When the utility owner is not adequately staffed and equipped to perform such work with its own forces and equipment at a time convenient to coordination with the associated highway construction, such work may be done one of four ways for utility adjustments:&lt;br /&gt;
# MoDOT can provide the construction services, via awarded contract to the lowest qualified bidder based on appropriate solicitation. This can be done by including the adjustment work in the roadway improvement project ([[#643.2.14_Payment_to_Utility_Companies_for_Reimbursable_Work|EPG 643.2.12.4 Utility Agreement for Utility Work Included in Roadway Improvement Project]]) or by having a utility only project ([[#643.2.12.5_Agreement_for_a_Utility_Only_Project|EPG 643.2.12.5 Utility Only Project]]).&lt;br /&gt;
# The utility owner can award a construction contract to the lowest qualified bidder based on appropriate solicitation.&lt;br /&gt;
# The utility owner can utilize an existing continuing contract, provided the costs are reasonable (see [[#643.2.9.1_Independent_Cost_Estimate|EPG 643.2.9.1 Independent Cost Estimate]]).&lt;br /&gt;
# The utility owner can contract for low-cost incidental work, such as tree trimming and the like, without competitive bidding, provided the costs are reasonable (see [[#643.2.9.1_Independent_Cost_Estimate|EPG 643.2.9.1 Independent Cost Estimate]]).&lt;br /&gt;
&lt;br /&gt;
When a utility owner chooses option 2 to award its own new construction contract, the utility owner must provide the following documents and information to the district utilities staff. These documents need to be provided as soon as the utility owner has chosen to pursue a construction contract. Document 1 must be supplied by all utility owners. Documents 2 and 3 are only required when the utility owner is a local government agency who is also a political subdivision of the state of Missouri (e.g., city-owned utilities, county-owned utilities). All other utility owners are encouraged, but not required, to provide Documents 2 and 3.&lt;br /&gt;
# A statement that the utility owner is not staffed or able to perform the required construction activities with its own forces.&lt;br /&gt;
# A copy of the request for proposal used to secure bids.&lt;br /&gt;
# A list of a minimum of 3 bidders whom they believe can do the work. &#039;&#039;&#039;Political subdivisions are required to advertise for the work&#039;&#039;&#039;.&lt;br /&gt;
# Upon review of these documents, the district utilities staff will advise the utility owner to proceed with the solicitation of bids, but the utility owner will not be permitted to award the contract without the concurrence of district utilities staff. For lump sum agreements, approval of contract work and subcontract work is not required.&lt;br /&gt;
&lt;br /&gt;
The following documents need to be provided as soon as the utility owner has determined the lowest qualified contractor and would like to award the project. Document 1 must be supplied by all utility owners. Document 2 is only required when the utility owner is a local government agency who is also a political subdivision of the state of Missouri (e.g., city-owned utilities, county-owned utilities). All other utility owners are encouraged, but not required, to provide Document 2.&lt;br /&gt;
# The name address of the lowest qualified contractor.&lt;br /&gt;
# The tabulation of bids received and other information to support their recommendation for award to the lowest qualified bidder.&lt;br /&gt;
&lt;br /&gt;
The district utilities staff will review and approve the utility owner&#039;s bid information prior to the award of the contract. The Design Liaison Engineer is available to assist the district with review of bid information if necessary. Once the district utilities staff provides concurrence, the utility owner may proceed with awarding the contract. When the utility owner is a local government agency who is also a political subdivision of the state of Missouri (e.g., city-owned utilities, county-owned utilities), a copy of the executed contract must be shared with the district utilities staff. All other utility owners are encouraged, but not required, to provide a copy of the executed contract.&lt;br /&gt;
&lt;br /&gt;
A [https://epg.modot.org/forms/general_forms/DE/UtilityConsultantContractChecklist.docx checklist is available for reviewing contracts] to ensure the contract conforms to MoDOT policy and complies with applicable federal regulations.&lt;br /&gt;
&lt;br /&gt;
When a utility owner chooses to utilize an existing continuing contract, the utility owner will submit a copy of the contract to the district utilities staff. The district utilities staff will review the contract for reasonableness of cost. If district utilities staff and the utility owner’s representative cannot agree on the reasonableness of cost, then the utility owner will be required to award a new construction contract.&lt;br /&gt;
&lt;br /&gt;
===643.2.16.3 Inspection===&lt;br /&gt;
The degree of inspection needed for utility adjustments will vary considerably with the nature and location of the work and whether the Commission is responsible for any portion of the cost of reimbursement. Judgment must be used regarding the manner and regularity of inspection duties. Some phases of the work require a very close check to ensure that the highway will not be adversely affected and to ensure satisfactory performance of work in accordance with the agreement and plans. The degree of inspection may vary from spot checking of overhead installations to continuous close observation of backfilling trenches beneath proposed pavement, embankment area, or adjacent to bridge abutments. Proper inspection can ensure that the utility adjustment is completed as efficiently as possible to minimize future impacts to the utility facility and the highway construction project. A [https://epg.modot.org/forms/general_files/DE/UtilityFieldInspectionChecklist.docx Field Inspection Checklist] to assist district utilities staff responsible for inspection is available.&lt;br /&gt;
&lt;br /&gt;
If it is found that any actual cost reimbursable utility adjustment is being performed by unapproved contractors, district utilities staff should direct the work to stop. The utility owner’s representative should be informed immediately and should be advised in writing that the costs incurred by an unapproved contractor are not eligible for reimbursement under provisions of the agreement. The district utilities staff can take appropriate steps to approve a subcontract and advise when the utility owner can recommence work.&lt;br /&gt;
&lt;br /&gt;
===643.2.16.4 Documentation===&lt;br /&gt;
All documents related to the construction of the utility adjustment necessary to allow highway construction should be stored in MoProjects.&lt;br /&gt;
&lt;br /&gt;
Construction records must be kept to confirm that work is done in accordance with the terms of the agreement and in the manner proposed in the plans. The importance of a complete and accurate record cannot be overemphasized. Detailed records are necessary to support the recommendation for payment of the final invoice. A complete, separate daily record must be kept on each actual cost adjustment and submitted for review when the final invoice is recommended for payment. This district utilities staff responsible for inspection should complete the Daily Utility Report (C-9).&lt;br /&gt;
&lt;br /&gt;
====643.2.16.4.1 Utility Reports====&lt;br /&gt;
The Daily Utility Report ([https://epg.modot.org/forms/general_files/DE/C-9.docx Form C-9]) and the Final Utility Report ([https://epg.modot.org/forms/general_files/DE/C-13.docx Form C-13]) are used for documenting utility adjustments necessary to allow highway construction. The use of C-9s and C-13s will vary with method of reimbursement. For utility adjustments necessary to allow highway construction that overlap with the highway contractor’s work, progress records should be kept as necessary to coordinate the highway and utility construction activities. Sufficient records must be maintained to check and verify the items of labor, equipment, materials, and salvaged items as submitted on the final invoice.&lt;br /&gt;
&lt;br /&gt;
=====643.2.16.4.1.1 Daily Utility Report (C-9)=====&lt;br /&gt;
C-9s are only required for actual cost agreements. The district utilities staff responsible for inspection must in all cases keep records to document inclement weather, down time, and verbal authorization for minor changes. The district utilities staff responsible for inspection must complete a C-9 documenting the number and classification of employees and number of hours worked. Records of material used and of retired materials returned to stock or scrapped must be kept. The utility owner’s major items of equipment must also be recorded. When work is done by the contract method based on unit prices, the district utilities staff responsible for inspection should ascertain that units of work as provided in the bid proposal are measured and recorded to form a basis for checking the final invoice. C-9s should list the location and the number of units of work accomplished for that period. If contract labor or equipment is used by a utility owner on the basis of a bid per hour, per day, etc., it will be necessary to keep records on this labor or equipment time in the same manner as if the utility owner were performing the work with its own internal forces. District utilities staff responsible for inspection should also note all contractors working for the utility owner and the contractor approval authorization dates given in the agreement.&lt;br /&gt;
&lt;br /&gt;
=====643.2.16.4.1.2 Final Utility Report (C-13)=====&lt;br /&gt;
C-13s summarize that the utility adjustment work that was done in accordance with the agreement and plans, the percentage of total cost that is the responsibility of the Commission, and any progress payments that have been made. A C-13 is required for both actual cost and lump sum agreements. The requested numbers shown on line 9 (Commission Estimated Cost) and line 10 (Amount of Final Bill) in the report are the Commission’s total responsibility.&lt;br /&gt;
&lt;br /&gt;
====643.2.16.4.2 Breakdown and Emergency====&lt;br /&gt;
When breakdown and emergency situations occur, prior approval by MoDOT is not required for contract or equipment rental work unless the cost or period of time will be extensive. The utility owner should furnish a letter as soon as possible to explain the situation and set out the estimated costs involved. The district utilities staff’s records should substantiate the need and the changes for personnel and equipment.&lt;br /&gt;
&lt;br /&gt;
====643.2.16.4.3 Stop Work====&lt;br /&gt;
If at any point, a stop work order is given by MoDOT to a utility owner, written documentation of the stop work order should be saved in MoProjects.&lt;br /&gt;
&lt;br /&gt;
===643.2.16.5 Change Orders===&lt;br /&gt;
Any change in the plan of adjustment should be documented in writing to the utility owner as a change order. If the change order is anticipated to exceed $100,000 or 15% of the original agreement amount, district utilities staff should negotiate a supplemental agreement with the utility owner’s representative. Once a supplemental agreement is in place, district utilities staff should contact Financial Services to obtain an adjustment of the obligation mid-project. Change orders without supplemental agreements will be settled once the project is complete.&lt;br /&gt;
&lt;br /&gt;
====643.2.16.5.1 Actual Cost Agreement====&lt;br /&gt;
Slight modifications in quantities or the addition of minor items not included with the original agreement do not require a supplemental agreement. However, such changes should be documented in writing with the utility owner. A supplemental agreement is needed if costs exceed the above threshold or if there is a change in the percentage of cost that is the Commission’s responsibility on an agreement with shared responsibility for costs. Intermediate partial payments cannot be made on items in a supplemental agreement until the supplemental agreement is approved.&lt;br /&gt;
&lt;br /&gt;
====643.2.16.5.2 Lump Sum Agreement====&lt;br /&gt;
A supplemental agreement to a Lump Sum Agreement is only required for significant changes in the scope of work of the utility adjustment necessary to allow highway construction. Normal overruns are not considered as changes in approved work and will not be reimbursed. Significant changes in the scope of work on utility adjustments necessary to allow highway construction cannot be done until the supplemental agreement is approved, and the adjustment in obligation of funds is complete.&lt;br /&gt;
&lt;br /&gt;
==643.2.17 Utilities during Highway Construction==&lt;br /&gt;
The contractor is responsible for having utilities located by contacting Missouri One-Call (811) prior to any excavation on the project. A reminder of this responsibility should be made at the preconstruction meeting.&lt;br /&gt;
&lt;br /&gt;
===643.2.17.1 Preconstruction Meeting (Pre-Con)===&lt;br /&gt;
District utilities staff should be invited to all pre-cons.&lt;br /&gt;
&lt;br /&gt;
Pre-cons fall into three categories relating to utilities:&lt;br /&gt;
# No utility adjustments are anticipated within the project limits,&lt;br /&gt;
# All utility adjustments completed prior to the pre-con, and&lt;br /&gt;
# All utility adjustments not completed prior to the pre-con.&lt;br /&gt;
&lt;br /&gt;
====643.2.17.1.1 No Utility Adjustments Anticipated within the Project Limits====&lt;br /&gt;
For projects without a Utility Job Special Provision (JSP), no involvement of the utility owners is required at the pre-con. For projects with a Utility JSP, the Resident Engineer (RE) should invite all utility owner representatives listed in the JSP with known required adjustment to the pre-con. The RE should review potential impacts of the highway construction project with the contractor and the utility owner.&lt;br /&gt;
&lt;br /&gt;
====643.2.17.1.2 All Utility Adjustments Completed Prior to the Pre-Con====&lt;br /&gt;
The RE should invite all utility owner representatives listed in the JSP with known required adjustment to the pre-con. The RE should review potential impacts of the highway construction project with the contractor and the utility owner. A general discussion should highlight the previous adjustments made by the utility owner and what abandoned utility facilities the contractor may encounter.&lt;br /&gt;
&lt;br /&gt;
====643.2.17.1.3 All Utility Adjustments Not Completed Prior to the Pre-Con====&lt;br /&gt;
It is important for the RE and inspector to understand the utility owner’s work schedule and how it relates to the contractor’s work schedule. During the pre-con, the schedule of the utility owner and highway construction contractor should be discussed, and conflicts should be addressed to allow utility adjustments and highway construction to progress as near to the proposed schedule as possible. On large-scale projects that have many utility issues to address that could impact the work of the highway construction contractor, it may be necessary to have a separate pre-con with utility owner representatives.&lt;br /&gt;
&lt;br /&gt;
===643.2.17.2 Coordination Meetings===&lt;br /&gt;
When the utility work will not be completed soon after the preconstruction meeting, the RE should meet with district utilities staff, the highway construction contractor, and the utility owner representatives on a regular basis to discuss utility coordination issues, so expectations from all parties are known and conveyed clearly. The utility owner may need some work performed by MoDOT or the highway construction contractor prior to completing their adjustments. (Examples include: survey staking of right of way or proposed facilities, trees cleared, grading performed, or new structures built).&lt;br /&gt;
&lt;br /&gt;
==643.2.18 Service Drops==&lt;br /&gt;
Power and communication services provided by utility owners are necessary for the operation of the highway system. These services may include power to traffic signals, lighting, or ITS devices; power for cathodic protection; or telecommunication services to signal controllers or ITS devices. The project design teams should work with district utilities staff to identify proper locations for the applicable utility owners to provide these services. Various utility owners have different requirements for this process. The district utilities staff is encouraged to develop a workable relationship with the utility owners who provide these services to MoDOT. The costs of installing the services charged by the utility owner are considered a non-contractual item and should be accounted for in the project’s budget in the STIP. The proposed location and method for the service drops should be shown on the roadway plans. District utilities staff should meet with the utility owner’s representative to ensure the proposed location can be accommodated by the utility owner. For electrical service connections, the power supply assembly is ideally located a maximum of ten feet (10’) from the source location. Plans submitted for PS&amp;amp;E should reflect the agreed upon location for all service connections. During construction, district utilities staff and district construction staff should work together to ensure the placement of the services is consistent with the project plans. Payment for the service drops should be invoiced by the utility owner to the district. District utilities staff is responsible for submission of the invoice directly to Financial Services for payment noting the non-contractual charges for the project.&lt;br /&gt;
&lt;br /&gt;
==643.2.19 Buy America Build America for Utilities==&lt;br /&gt;
FHWA’s Buy America Build America (BABA) policies require a domestic manufacturing process for all steel or iron products, other construction materials, and manufactured products that are permanently incorporated into Federal-Aid Highway construction projects, including products and materials used for adjustments to utility facilities to allow highway construction. These guidelines are for all federally reimbursable transportation projects where FHWA is the lead federal agency; it does not take precedence over projects where Federal Transit Administration or the Federal Railroad Administration is deemed the be the lead federal agency.&lt;br /&gt;
&lt;br /&gt;
===643.2.19.1 Program Requirements for Utilities===&lt;br /&gt;
All MoDOT projects are federal-aid projects, and therefore, all reimbursable utility adjustments are required to follow the provisions of BABA. More information on MoDOT’s BABA policy and procedures can be found in [[106.9_Buy_America_Requirement|EPG 106.9 Buy America Requirement]]. Specifically, utility owners should be aware of the following procedures for determining applicability of the EPG 106.9 requirements to reimbursable utility adjustments necessary to allow highway construction:&lt;br /&gt;
* BABA does not apply when materials are relocated from one location to another within the project limits.&lt;br /&gt;
* BABA does not apply for materials necessary for temporary utility adjustments assuming materials are removed from the right of way upon completion of the utility adjustment to allow highway construction.&lt;br /&gt;
* Non-reimbursable work must be kept separate from reimbursable work (agreements, permits, etc.) in order to not be subject to BABA.&lt;br /&gt;
&lt;br /&gt;
===643.2.19.2 Certification Requirements for Utilities===&lt;br /&gt;
Utility owners have the option of choosing either to self-certify BABA compliance or provide vendor/manufacturer certification to MoDOT. The method of certification is chosen by the utility owner and is documented in either the MRUA or the project specific agreement. Regardless of agreement type or certification method, the utility owner must be compliant with BABA requirements.&lt;br /&gt;
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====643.2.19.2.1 BABA Utility Owner Self-Certification====&lt;br /&gt;
If a utility owner chooses to self-certify BABA compliance, the utility owner is not required to provide MoDOT copies of the supplier certification as part of the project documentation or with the final invoice for any reimbursable utility adjustment necessary to allow highway construction. Retention of all documents should be as described in the agreement.&lt;br /&gt;
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====643.2.19.2.2 BABA Vendor/Manufacturer Certification====&lt;br /&gt;
If a utility owner chooses to use vendor/manufacturer certification, the utility owner will supply MoDOT BABA compliance from all vendors and/or manufacturers. Certification from vendors will be signed by an authorized representative of the vendor on company letterhead or other acceptable documentation and will declare that all supplied materials subject to BABA requirements are fully compliant. Certification from iron or steel manufacturers must be in the form of a mill test report (MTF) issued and signed by the initial fabricator stating the materials subject to BABA were melted and manufactured in the United States. Other written statements on company letter or other acceptable documentation signed by an authorized representative of the manufacturer for any additional treatment to the fabricated material (such as blasting, galvanizing, painting, or coating) will state that all treatment processes occurred in the United States according to FWA guidelines. Retention of all documents should be as described in the agreement. Manufacturer certification for manufactured products or construction materials will state that all materials were sourced from the United States and were fabricated in the United States. Retention of all documents should be as described in the agreement.&lt;br /&gt;
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&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643.3 Reserved for Future Use &#039;&#039;PAGE TITLE&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;&lt;br /&gt;
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&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643.4 Railroads (NO CHANGE) &#039;&#039;PAGE TITLE&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;&lt;br /&gt;
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==236.5.12 Excess Land Conveyances &amp;amp; Relinquishments - Utilities==&lt;br /&gt;
All conveyances and relinquishments of Commission-owned property shall be evaluated for the existence of any utility facilities located within the areas to be conveyed or relinquished. A conveyance or relinquishment of Commission-owned property may have implications to the utility facilities, and the utility owners, when the Commission no longer controls the property. It is important to maintain the continuity of utility facilities for the general public; therefore, to identify and minimize potential impacts, MoDOT shall involve utility owners in the conveyance and relinquishment processes.&lt;br /&gt;
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===236.5.12.1 Excess Land Conveyances Utilities===&lt;br /&gt;
MoDOT shall only recommend that a property be declared excess upon satisfactorily addressing the utility impacts. Whether MoDOT or an external party initiates the conveyance of excess property, utility impacts shall be adequately addressed by using one of the following methods: &lt;br /&gt;
:1. Each utility facility will be relocated by permit into a new utility corridor retained by the Commission.&lt;br /&gt;
:2. Each utility facility will remain in place with the benefit of a non-exclusive permanent utility easement.&lt;br /&gt;
::&#039;&#039;If the Commission holds fee simple title to the property, the Commission shall convey a non-exclusive permanent utility easement to each utility owner&#039;&#039;.&lt;br /&gt;
::&#039;&#039;If the Commission holds a less than fee simple title interest in the property, MoDOT shall facilitate the conveyance of a non-exclusive permanent utility easement from the party acquiring the property to each utility owner&#039;&#039;.&lt;br /&gt;
:3. Each utility facility will be relocated to another portion of the property being conveyed.&lt;br /&gt;
::&#039;&#039;If the Commission holds fee simple title to the property, the Commission shall convey a non-exclusive permanent utility easement to each utility owner&#039;&#039;. &lt;br /&gt;
::&#039;&#039;If the Commission holds a less than fee simple title interest in the property, MoDOT shall facilitate the conveyance of a non-exclusive permanent utility easement from the party acquiring the property to each utility owner&#039;&#039;.&lt;br /&gt;
:4. Each utility facility will be relocated onto a portion of the property already owned by the party acquiring the Commission-owned property, with the benefit of a non-exclusive permanent easement. (MoDOT shall facilitate the conveyance of a non-exclusive permanent utility easement from the party acquiring the property to each utility owner.)&lt;br /&gt;
:5. A three-party negotiated settlement taking into consideration the overall value of the proposed transaction.&lt;br /&gt;
:6. Additional options to address utility impacts may be utilized with approval from the Asst. to the State Design Engineer - Right of Way.&lt;br /&gt;
&lt;br /&gt;
===236.5.12.2 Road Relinquishment Utilities===&lt;br /&gt;
MoDOT shall only recommend the relinquishment of roadways through the [[236.14 Change in Route Status Report|Change in Route Status Report]] upon satisfactorily addressing the impacts to utility facilities. If the roadway will be relinquished to a local public transportation authority, with the intent that it continues to be used as a public roadway, a clause similar to the following shall be included in the deed from the Commission to the local public transportation authority:&lt;br /&gt;
:&#039;&#039;&amp;quot;Grantee, by acceptance of this conveyance, covenants and agrees for itself, its successors and assigns, to allow known or unknown utility facilities currently located on the property, whether of record or not, to remain on the property, and to grant the current and subsequent owners of those facilities the right to maintain, construct and reconstruct the facilities and their appurtenances over, under, and across the land herein conveyed, along with the right of ingress and egress across the land herein conveyed to and from those utilities.&amp;quot;&#039;&#039; &lt;br /&gt;
&lt;br /&gt;
Proposed roadway relinquishments to private entities shall be reviewed in a manner consistent with the conveyance of excess property described in [[236.5 Property Management#236.5.3 Asset Management Committee|EPG 236.5.3 Asset Management Committee]].&lt;/div&gt;</summary>
		<author><name>Hoskir</name></author>
	</entry>
	<entry>
		<id>https://epg.modot.org/index.php?title=User:Hoskir/Revision_Request_4225&amp;diff=58901</id>
		<title>User:Hoskir/Revision Request 4225</title>
		<link rel="alternate" type="text/html" href="https://epg.modot.org/index.php?title=User:Hoskir/Revision_Request_4225&amp;diff=58901"/>
		<updated>2026-06-26T12:50:51Z</updated>

		<summary type="html">&lt;p&gt;Hoskir: /* 643.1.7.2 Crossings */&lt;/p&gt;
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&lt;div&gt;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643 Utility Procedures  &#039;&#039;CATEGORY&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt; &lt;br /&gt;
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| &#039;&#039;&#039;&amp;lt;center&amp;gt;&amp;lt;u&amp;gt;Additional Resources&amp;lt;/u&amp;gt;&amp;lt;/center&amp;gt;&#039;&#039;&#039;&lt;br /&gt;
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| ● [https://www.ecfr.gov/current/title-23/chapter-I/subchapter-G/part-64523 CFR 645]&lt;br /&gt;
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| ● [https://www.sos.mo.gov/cmsimages/adrules/csr/current/7csr/7c10-3.pdf7 CSR 10-30]&lt;br /&gt;
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&#039;&#039;&#039;Utility Accommodation Policy:&#039;&#039;&#039; State DOTs are required to develop policies and procedures pertaining to the use, accommodation, and/or relocation of public and private utility facilities on highway rights-of way using Federal-aid highway funds. State DOTs are required to develop, maintain, and obtain FHWA approval of their Utility Accommodation Policy (UAP) (23 CFR section 645.215). This EPG article 643 and subarticles 643.1 through 643.3 are Missouri Department of Transportation (MoDOT)’s Utility Accommodation Policy. Text in EPG 643 consolidates various federal and state statutes and rules into a single, cohesive, workable policy to outline processes for MoDOT staff and utility owners.&lt;br /&gt;
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&#039;&#039;&#039;Delegation of Work:&#039;&#039;&#039; Each MoDOT district is responsible for ensuring implementation of the UAP outlined in the subsequent EPG articles. Each district can create its own organization for whom is responsible for the work including between divisions and job titles. Work responsibilities within this article and subarticles are generic where possible. If a specific title is included, that title has sole responsibility for that item of work.&lt;br /&gt;
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&#039;&#039;&#039;643 documents not being used&#039;&#039;&#039;&lt;br /&gt;
[[media:144 Major Highway System 2022.pdf|major routes]]&lt;br /&gt;
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&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643.1 Utility Location  &#039;&#039;PAGE TITLE&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt; &lt;br /&gt;
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The information in this article provides a uniform system for regulating the location, construction, maintenance, removal, and relocation of utility facilities on the right of way of roadways located on the state highway system. It also provides for the facilitation of construction and maintenance of these roadways. Any location or relocation of utility facilities contrary to this information is an interference with the construction, maintenance, or operation of a state highway and its right of way and is prohibited.&lt;br /&gt;
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==643.1.1 Permits==&lt;br /&gt;
All utility owners are required to obtain a permit to work on Missouri Highway and Transportation Commission (Commission) right of way. A permit is required for original installation of the utility facility, on-going maintenance of the utility facility, or adjustments to a utility facility necessary to allow highway construction. Per [[127.29_Stormwater#127.29.4.3_MCM_3:_Illicit_Discharge_Detection_and_Elimination_(IDDE)_Program|EPG 127.29.4.3]], discharges of anything other than stormwater are not permitted. A deposit or bond is required to ensure completion of the work in accordance with the permit issued. An [https://www.modot.org/permits application for a permit] may be made on established forms specifically stating the nature of the work to be performed. Applications for permits may be obtained at any of the [https://www.modot.mo.gov/ seven (7) district highway offices] of the Commission, [https://www.modot.mo.gov/ MoDOT&#039;s website], or by requesting it from the office of the Missouri Highways and Transportation Commission in Jefferson City, Missouri. The application for a permit will specifically state the nature of the work to be performed, what specific type of utility facility is to be installed, and, if necessary, the timeframe of any temporary use. Piping of any type of sewage or waste will only be allowed providing any permitting by a regulatory agency, such as Missouri Department of Natural Resources, can be provided. Prior to obtaining a permit through MoDOT’s permit system, a utility owner will be required to provide a bond to ensure satisfactory work and complete a TR50 Electronic Signature Agreement with the Commission. The name of the utility owner must match on the bond, TR50, and in the permit system. More information on permitting can be found in [[:Category:941_Permits_and_Access_Requests|EPG 941]].&lt;br /&gt;
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===643.1.1.1 Emergency Work===&lt;br /&gt;
When emergency operations work is necessary, the damaged utility facility may be accessed immediately and without a permit by leaving the pavement at such points as may be necessary to effect emergency repairs, provided immediate notice is given to the Missouri State Highway Patrol and the district utilities staff for the district wherein the work will be performed, and a permit for emergency operations is requested immediately upon discovery of the need for emergency operations. A permit for emergency operations work is to be obtained as soon as practical, but in no event later than two (2) working days after the emergency operations work has commenced. Emergency operations include, but are not limited to, unplanned work in response to utility facilities being so damaged as to constitute an emergency situation directly affecting or endangering traffic on the highway or public health or safety.&lt;br /&gt;
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===643.1.1.2 Third-Party Inspection===&lt;br /&gt;
When a utility owner has a large number of projects in a given area or projects involving great complexity, MoDOT reserves the right to limit the number of permits open at any given time. With approval of the district utilities staff, a utility owner may hire a third-party inspector, at their cost. The third-party inspector will allow the utility owner to increase the number of permits open at any given time. The responsibility of the third-party inspector will be to ensure the installation of the utility facility proceeds in a manner consistent with the plans approved in the permit, including all work zone requirements and conformity with MoDOT’s Standards and Specifications. The MoDOT approved third-party inspector will be listed in the permit. MoDOT may audit third-party inspections and revoke the right to use third-party inspections should the inspectors fail to perform their duties.&lt;br /&gt;
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===643.1.1.3 Abandoned Utility Facilities===&lt;br /&gt;
All utility facilities installed in Commission right of way are the property of the utility owner whether the utility facility is active or inactive. MoDOT may allow a utility facility to remain on Commission right of way whether the utility facility was abandoned for a MoDOT project or at the utility owner’s discretion. MoDOT may place requirements (such as removing inactive fiber optic cables, grouting pipes, removing valves) on the utility owner as part of the process of abandoning a utility facility. Liability for damage to Commission right of way due to an abandoned facility remains the responsibility of the utility owner. In the event MoDOT requires the removal of the abandoned utility facility, responsibility for the cost of the removal will be determined per [[#643.2.8_Cost_Responsibility|EPG 643.2.8]].&lt;br /&gt;
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==643.1.2 Definitions==&lt;br /&gt;
&#039;&#039;&#039;Bridge Attachment:&#039;&#039;&#039; A bridge attachment is any utility facility, including communication lines and electrical lines, or any other utility facility of a similar nature that is fastened to a bridge for the purpose of spanning an obstacle.&lt;br /&gt;
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&#039;&#039;&#039;Clear zone:&#039;&#039;&#039; The total roadside border area starting at the edge of the traveled way, available for safe use by errant vehicles. This area may consist of a shoulder, a recoverable slope, a non-recoverable slope, and/or the area at the toe of a non-recoverable slope available for safe use by an errant vehicle. Clear zone dimensions are provided in the current edition of American Association of State Highway Transportation Officials Roadside Design Guide.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Ditch Line:&#039;&#039;&#039; A line where the roadway ditch meets the back slope. It is located at the lowest point of a V-bottom ditch or furthest point from the roadway of a flat bottom ditch where the roadway slopes back to the existing ground line.&lt;br /&gt;
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&#039;&#039;&#039;Duct:&#039;&#039;&#039; An enclosed tubular casing, or raceway, for protecting wires, lines, or cables that is often flexible or semi-rigid (1-3% diametric deflection). The casing, or raceway, is separate from the cable or conductor that passes through it.&lt;br /&gt;
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&#039;&#039;&#039;Encasement:&#039;&#039;&#039; The term encasement means the placing of an installation around and outside of an underground facility consisting of a larger conduit that permits the removal and replacement of the facility. An alternate to the conduit type encasement is reinforced concrete poured around the utility facility. Utility owners are allowed to use any types of material as a carrier and encasement for its facilities as expressly provided for in the permit issued for the installation of the utility facility.&lt;br /&gt;
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&#039;&#039;&#039;Freeway:&#039;&#039;&#039; A divided arterial highway with full control of access.&lt;br /&gt;
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&#039;&#039;&#039;Highway:&#039;&#039;&#039; Any public way for vehicular travel, including the entire area within the right of way and related facilities constructed or improved and maintained by the Missouri Highways and Transportation Commission (MHTC) acting through the Missouri Department of Transportation (MoDOT).&lt;br /&gt;
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&#039;&#039;&#039;Interchange Limits:&#039;&#039;&#039; For the uniform handling of utility installations only, the limits of an interchange are the outside ramp curve points. See [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_1_TypicalInterchangeLimits_AOD.pdf EPG Figure 643.1.1] for an example.&lt;br /&gt;
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&#039;&#039;&#039;Interstate System or Other Freeways/Expressways:&#039;&#039;&#039; Interstate highways and highways with fully controlled access.&lt;br /&gt;
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&#039;&#039;&#039;Major Routes (Interstates, Freeways/Expressways and Principal Arterials):&#039;&#039;&#039; The major highway system is all routes functionally classified as principal arterials. The principal arterial system provides for statewide or interstate movement of traffic. The major roads in Missouri total approximately 5,500 centerline miles.&lt;br /&gt;
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&#039;&#039;&#039;Minor Routes:&#039;&#039;&#039; The minor highway system is all routes functionally classified as minor arterials or collectors. These routes mainly serve local transportation needs. The minor roads in Missouri total approximately 28,400 centerline miles.&lt;br /&gt;
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&#039;&#039;&#039;Normal Right of Way Line:&#039;&#039;&#039; An imaginary line that connects sudden breaks in the major right of way points for roadways. Sight distance right of way points (triangles) at roadway intersections are not to be considered as sudden breaks for determining normal right of way.&lt;br /&gt;
[[File:fig_643.1.2-06_2026.jpg|none|700px|thumb|Figure 643.1.2 Normal Right of Way Line.]]&lt;br /&gt;
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&#039;&#039;&#039;Private Lines:&#039;&#039;&#039; Privately owned utility facilities which convey or transmit the commodities outlined in the definition of utility facility of this section but devoted exclusively to private use.&lt;br /&gt;
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&#039;&#039;&#039;Scenic Enhancement Areas:&#039;&#039;&#039; Scenic enhancement areas include areas acquired or so designated as scenic strips, overlooks, rest areas, recreation areas, and the right of way of adjacent roadways and the right of way of roadways that pass through public parks and historic sites as described under 23 USC 138.&lt;br /&gt;
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&#039;&#039;&#039;Utility Corridor:&#039;&#039;&#039; An area established for the placement of utility facilities parallel to the normal right of way line.&lt;br /&gt;
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&#039;&#039;&#039;Utility Facility:&#039;&#039;&#039; Privately, publicly, or cooperatively owned line, facility, or system for producing, transmitting, or distributing communications, cable television, power, electricity, light, heat, gas, oil, crude products, water, steam, waste, storm water not connected with highway drainage or any other similar commodity, including any fire or police signal system or street lighting system which directly or indirectly serves the public and does not include privately owned facilities devoted exclusively to private use. The term &amp;quot;utility facility&amp;quot; includes those facilities used solely by the utility owner that are a part of its operating plant.&lt;br /&gt;
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&#039;&#039;&#039;Utility Owner:&#039;&#039;&#039; The utility owner is the utility company, inclusive of any wholly owned or controlled subsidiary, or city or county which owns utility facilities. The term also includes those government agencies that lease a utility facility for its own use or otherwise dedicated solely to governmental use.&lt;br /&gt;
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&#039;&#039;&#039;Variance:&#039;&#039;&#039; A one- (1-) time deviation from the requirements for location or relocation of utility facilities on the right of way of highways in the state highway system as established in [https://www.sos.mo.gov/cmsimages/adrules/csr/current/7csr/7c10-3.pdf Title 7 Code of State Regulations 10-3], requested by the utility, and approved by a MoDOT District Design Engineer.&lt;br /&gt;
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==643.1.3 Location of Utility Facilities==&lt;br /&gt;
Utility facilities paralleling the roadway should be installed in the utility corridor except as outlined below. The utility corridor is the space for all utility owners generally within six feet (6’) of the normal right of way line. When considering if the current utility corridor is available to expand from six feet (6’) to as much as twelve feet (12’), MoDOT determines if the expansion is warranted. In making the determination, MoDOT will consider the existing utilization of the original six feet (6’) corridor. Poles must remain within two feet (2’) of the normal right of way line unless approved by a variance. The utility corridor will only be expanded beyond six feet (6’) if the original six feet (6’) corridor is fully utilized and additional space would be required to accommodate additional utility facilities. Acquisition of additional right of way to establish a twelve feet (12’) corridor is not required on highway construction projects. For depths for underground utility facilities, see [[#643.1.4.1_Minimum_Cover_for_Underground_Facilities|EPG 643.1.4.1]].&lt;br /&gt;
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Utility facilities crossing the roadway should be installed as close to ninety degrees (90°) to the centerline of the roadway as possible and based on the guidelines below depending on the type of roadway. See [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_3_TypicalUtilityCorridor-InterchangeatMajorRoute_AOD.pdf EPG Figure 643.1.3] and [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_4_TypicalUtilityCorridor-InterchangeatMinorRoute_AOD.pdf EPG Figure 643.1.4] for typical utility corridors around interchanges.&lt;br /&gt;
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===643.1.3.1 Interstate System or Other Major Freeways/Expressways===&lt;br /&gt;
The installation of all utility facilities on highways of the Interstate System or other major freeways/expressways with fully controlled access are to be installed, serviced, and maintained without entering or leaving the roadway and ramps except at points approved by MoDOT for that purpose and without parking any equipment or storing materials upon the medians, roadway and ramps, or shoulders of the roadways. Cutting or damaging the pavement or paved shoulders is not permitted. New service connections to existing parallel utility facilities are to be permitted only where an outer roadway exists and then only where access is permitted by the Commission. Careful consideration will be given to the location of guys, anchors, braces, and other supports. Generally, good design practice will provide that appurtenances be located at right of way jogs, along intersecting road right of way, or at other similar acceptable locations, so that encroachment is held to an absolute minimum.&lt;br /&gt;
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No utility facilities will be permitted within the interchange limits of an interchange between fully limited access highways where planned or existing. Utility facilities within the interchange limits of an interchange with a non-access controlled highway will be permitted only along the minor road, provided that all construction, service, and maintenance can be performed from the minor road. Manholes and poles must be located beyond the ramp termini.&lt;br /&gt;
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For structures carrying or over interstates or other major freeways/expressways, see [[#643.1.5_Bridge_Attachment_Policy|EPG 643.1.5]].&lt;br /&gt;
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====643.1.3.1.1 Utility Facilities Crossing the Interstate or Other Major Freeways/Expressways====&lt;br /&gt;
=====643.1.3.1.1.1 Overhead Crossings of the Interstate or Other Major Freeways/Expressways=====&lt;br /&gt;
Overhead crossings of utility facilities are permitted only for power transmission and distribution lines and for multiple circuit communication lines where an underground installation is not economically feasible. Supports for existing utility facilities crossing overhead may remain on the right of way provided they are near the right of way line regardless of the presence of an outer road. Supports for new overhead utility facilities crossing overhead may be located on the right of way near the right of way line where an outer roadway exists and are to be located off the right of way where no outer roadway exists. Overhead service crossings are only permitted in isolated cases for residential or commercial establishments when the denial of the crossing would require construction of more than 1,200 feet (1,200’) of utility line to provide the service. Main or distribution line crossings are required to serve a general area other than isolated cases.&lt;br /&gt;
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=====643.1.3.1.1.2 Underground Crossings of the Interstate or Other Major Freeways/Expressways=====&lt;br /&gt;
Underground crossings of utility facilities are to be continuously encased under the pavement, medians, ramps, and shoulders with the casing extending to the toe of the fill slopes or to the ditch line. In curbed sections, encasement should extend outside the outer curb of the roadways a distance equal to the depth of the encasement at the curb line. Where installed by open trench through unpaved areas, detector tape should be placed approximately one foot (1&#039;) above the encasement. Where an interstate or other major freeway has a parallel outer roadway, encasement should be continuous under all roadways within the right of way.&lt;br /&gt;
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Manholes or vent pipes are to be located at the right of way line or adjacent to the outer roadway.&lt;br /&gt;
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For fiber optic cable, encasement should extend from within six feet (6&#039;) of one right of way line to within six feet (6&#039;) of the other right of way line.&lt;br /&gt;
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Exceptions may be made for encasement as listed in [[#643.1.4.2_Exceptions_to_Encasement|EPG 643.1.4.2]].&lt;br /&gt;
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====643.1.3.1.2 Parallel Installations along the Interstate or Other Major Freeways/Expressways====&lt;br /&gt;
New parallel installations on the right of way may be permitted only where an outer roadway exists, provided that poles are within two feet (2&#039;) of the normal right of way line and underground utility facilities are within the utility corridor, and provided that the utility facility can be installed and maintained between the outer roadway and the right of way line. Existing overhead or underground utility facilities that parallel an existing roadway which will be incorporated into a completed highway as an outer roadway may remain in place if all maintenance and service can be performed from an outer roadway and the existing location does not interfere with construction, maintenance, or operation of the completed highway. If an existing parallel utility facility needs to be relocated so as to not interfere with the construction, maintenance, or operation of the completed interstate or other major freeway, poles may be located withing five feet (5’) of the right of way line.&lt;br /&gt;
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Underground utility facilities are expected to be buried within the utility corridor of sight distance triangles (SDTs) at roadway intersections unless granted a variance. Overhead utility facilities may be allowed to span intersecting roadways with SDTs provided the poles, or supports, are located outside the SDT.&lt;br /&gt;
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====643.1.3.1.3 Sanitary Sewers within the Right of Way of Interstates or Other Major Freeways/Expressways====&lt;br /&gt;
New installations of sanitary sewers should follow the applicable guidelines for either underground crossings or parallel installations as appropriate. Existing gravity trunk sanitary sewers should be considered individually and removed or left in place contingent upon its age, condition, feasibility of moving, and maintenance access. Encasement of existing trunk sewers left in place may be required for questionable condition, protection during construction, or heavy fills.&lt;br /&gt;
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Manholes should be relocated to the right of way lines or adjacent to an outer roadway.&lt;br /&gt;
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===643.1.3.2 Major Routes===&lt;br /&gt;
For structures carrying or over major routes, see [[#643.1.5_Bridge_Attachment_Policy|EPG 643.1.5]].&lt;br /&gt;
&lt;br /&gt;
====643.1.3.2.1 Major Routes with Partially Controlled Access Right of Way====&lt;br /&gt;
The installation of all utility facilities on highways with partially controlled access right of way are to be installed, serviced, and maintained without entering or leaving the roadway and ramps except at points approved by MoDOT for that purpose and without parking any equipment or storing materials upon the medians, roadway and ramps, or shoulders of the roadways. Cutting or damaging the pavement or paved shoulders is not permitted. Equipment or materials stored within the right of way must be protected by longitudinal barrier or be located outside the clear zone. New service connections to existing parallel utility facilities are to be permitted only where granted by the Commission.&lt;br /&gt;
&lt;br /&gt;
No utility facilities will be permitted within the interchange limits of an interchange between fully limited access highways where planned or existing. Utility facilities within the interchange limits of an interchange with a non-access controlled highway will be permitted only along the minor road, provided that all construction, service, and maintenance can be performed from the minor road. Manholes and poles must be located beyond the ramp termini.&lt;br /&gt;
&lt;br /&gt;
====643.1.3.2.2 Major Routes with Normal Access Right of Way====&lt;br /&gt;
All new utility facilities will be installed and maintained without cutting or damaging the pavement or paved shoulders except in the event underlying rock formations or other obstructions are encountered that prevent boring or pushing operations. A variance may be granted for pavement cuts when the need is established. Pavement cuts may only be made by permits issued when it is impractical to otherwise service and maintain the facility. The installation of all utility facilities is to be installed without parking any equipment or storing materials upon the medians, roadway and ramps, or shoulders of the roadways. Equipment or materials stored within the right of way must be protected by longitudinal barrier or be located outside the clear zone.&lt;br /&gt;
&lt;br /&gt;
====643.1.3.2.3 Utility Facilities Crossing Major Routes====&lt;br /&gt;
=====643.1.3.2.3.1 Overhead Crossings of Major Routes=====&lt;br /&gt;
Supports for utility facilities crossing overhead should be located as near the right of way line as possible. For major routes with controlled access right of way, new overhead service crossings may be permitted in isolated cases for residential or commercial establishments where the denial of such crossings would require the construction of more than 1,200 feet (1,200’) of utility line to provide the same service. For major routes with normal access right of way, there is no restriction on the placement of service crossings.&lt;br /&gt;
&lt;br /&gt;
=====643.1.3.2.3.2 Underground Crossings of Major Routes=====&lt;br /&gt;
Underground crossings of utility facilities are to be continuously encased under the pavement, medians, ramps, and shoulders with the casing extending to the toe of the fill slopes or to the ditch line. In curbed sections, encasement should extend outside the outer curb of the roadways a distance equal to the depth of the encasement at the curb line. Where installed by open trench through unpaved areas, detector tape should be placed approximately one foot (1&#039;) above the encasement. Where a major route has a parallel outer roadway, encasement should be continuous under all roadways within the right of way.&lt;br /&gt;
&lt;br /&gt;
Manholes or vent pipes are to be located at the right of way line or adjacent to the outer roadway.&lt;br /&gt;
&lt;br /&gt;
For fiber optic cable, encasement should extend from within six feet (6&#039;) of one right of way line to within six feet (6&#039;) of the other right of way line.&lt;br /&gt;
&lt;br /&gt;
Exceptions may be made for encasement as listed in [[#643.1.4.2_Exceptions_to_Encasement|EPG 643.1.4.2]].&lt;br /&gt;
&lt;br /&gt;
====643.1.3.2.4 Parallel Installations along Major Routes====&lt;br /&gt;
New parallel installations on the right of way may be permitted provided that poles are within two feet (2&#039;) of the normal right of way line and underground utility facilities are within the utility corridor. Existing overhead or underground utility facilities that parallel an existing roadway which will be incorporated into a completed highway may remain in place if all maintenance and service can be performed without entering or leaving the roadway except at approved access points; without parking equipment or storing materials on the median, pavement, ramps, or shoulders; and the existing location does not interfere with construction, maintenance, or operation of the completed highway. If an existing parallel utility facility needs to be relocated so as to not interfere with the construction, maintenance, or operation of the completed highway, poles may be located withing five feet (5’) of the right of way line.&lt;br /&gt;
&lt;br /&gt;
Existing steel pipe transmission and distribution facilities for gaseous petroleum products that parallel an existing roadway that will be incorporated into the completed roadway may be left in place subject to an agreement by the utility owner that maintenance or service and facility expansion will be performed without cutting or damaging the pavement or interfering with the construction, maintenance, and operation of the highway and provided that the facility is cathodically protected against corrosion and meets the applicable material requirements.&lt;br /&gt;
&lt;br /&gt;
Underground utility facilities are expected to be buried within the utility corridor of sight distance triangles (SDTs) at roadway intersections unless granted a variance. Overhead utility facilities may be allowed to span intersecting roadways with SDTs provided the poles, or supports, are located outside the SDT.&lt;br /&gt;
&lt;br /&gt;
====643.1.3.2.5 Sanitary Sewers within the Right of Way of Major Routes====&lt;br /&gt;
New installations of sanitary sewers should follow the applicable guidelines for either underground crossings or parallel installations as appropriate. An existing gravity trunk sanitary sewer should be considered individually and removed or left in place contingent upon its age, condition, feasibility of moving, and maintenance access. If an existing parallel gravity main is left in place within the limits of the paved surface, paved shoulder lines, or curb lines, stub mains as required will be laid between the sewer main and curb or shoulder lines for future service connections in each block. Manholes should be relocated outside the traveled roadway as near the right of way line as practical.&lt;br /&gt;
&lt;br /&gt;
===643.1.3.3 Minor Routes===&lt;br /&gt;
For structures carrying or over minor routes, see [[#643.1.5_Bridge_Attachment_Policy|EPG 643.1.5]].&lt;br /&gt;
&lt;br /&gt;
====643.1.3.3.1 Utility Facilities Crossing Minor Routes====&lt;br /&gt;
=====643.1.3.3.1.1 Overhead Crossings of Minor Routes=====&lt;br /&gt;
Existing overhead crossings that interfere with construction, maintenance, or operation should be relocated with their supports as near the right of way line as is practical. New overhead crossing installations should be located with their supports as near the right of way line as is practical.&lt;br /&gt;
&lt;br /&gt;
=====643.1.3.3.1.2 Underground Crossings of Minor Routes=====&lt;br /&gt;
All new utility facilities should be installed and maintained without cutting or damaging the pavement or paved shoulders. A variance may be granted for pavement cuts when servicing and maintaining the facility by any other methods is impractical. Pavement cuts may only be made by permits issued. Underground crossings of utility facilities are to be continuously encased under the pavement, medians, ramps, and shoulders with the casing extending to the toe of the fill slopes or to the ditch line. In curbed sections, encasement should extend outside the outer curb of the roadways a distance equal to the depth of the encasement at the curb line. Where installed by open trench through unpaved areas, detector tape should be placed approximately one foot (1&#039;) above the encasement.&lt;br /&gt;
&lt;br /&gt;
Manholes or vent pipes are to be located at the right of way line or adjacent to the outer roadway.&lt;br /&gt;
&lt;br /&gt;
For fiber optic cable, encasement should extend from within six feet (6&#039;) of one right of way line to within six feet (6&#039;) of the other right of way line.&lt;br /&gt;
&lt;br /&gt;
Exceptions may be made for encasement as listed in [[#643.1.4.2_Exceptions_to_Encasement|EPG 643.1.4.2]].&lt;br /&gt;
&lt;br /&gt;
====643.1.3.3.2 Parallel Installations along Minor Routes====&lt;br /&gt;
New parallel installations on the right of way may be permitted provided that poles are within two feet (2&#039;) of the normal right of way line and underground utility facilities are within the utility corridor. Existing overhead or underground utility facilities that parallel an existing roadway which will be incorporated into a completed highway may remain in place if all maintenance and service can be performed without entering or leaving the roadway except at approved access points; without parking equipment or storing materials on the median, pavement, ramps, or shoulders; and the existing location does not interfere with construction, maintenance, or operation of the completed highway. If an existing parallel utility facility needs to be relocated so as to not interfere with the construction, maintenance, or operation of the completed highway, poles may be located within five feet (5’) of the right of way line.&lt;br /&gt;
&lt;br /&gt;
Underground utility facilities are expected to be buried within the utility corridor of sight distance triangles (SDTs) at roadway intersections unless granted a variance. Overhead utility facilities may be allowed to span intersecting roadways with SDTs provided the poles, or supports, are located outside the SDT.&lt;br /&gt;
&lt;br /&gt;
====643.1.3.3.3 Sanitary Sewers within the Right of Way of Minor Routes====&lt;br /&gt;
New installations of sanitary sewers should follow the applicable guidelines for either underground crossings or parallel installations as appropriate. An existing gravity trunk sanitary sewer should be considered individually and removed or left in place contingent upon its age, condition, feasibility of moving, and maintenance access. If an existing parallel gravity main is left in place within the limits of the paved surface, paved shoulder lines, or curb lines, stub mains as required will be laid between the sewer main and curb or shoulder lines for future service connections in each block. Manholes should be relocated outside the traveled roadway.&lt;br /&gt;
&lt;br /&gt;
===643.1.3.4 Roundabouts===&lt;br /&gt;
Regardless of roadway type, it is desirable to avoid locating utility facilities and their access points within the circulatory roadway. If possible, utility facilities are located in the legs of the roundabout to allow for future maintenance and access at an isolated leg versus affecting the entire roundabout. See [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_5_TypicalLocationofUtilityFacilitiesnearRoundabouts_AOD.pdf EPG Figure 643.1.5] for an example.&lt;br /&gt;
&lt;br /&gt;
===643.1.3.5 Utility Facilities in Scenic Enhancement Areas===&lt;br /&gt;
All existing utility facilities within the limits of a scenic enhancement area requiring adjustment because of construction or reconstruction will be placed underground or relocated beyond the limits of the scenic enhancement area. No new above ground facilities will be permitted. New underground facilities will be permitted provided they do not extensively alter or impair the appearance of the area.&lt;br /&gt;
&lt;br /&gt;
==643.1.4 Installation of Utility Facilities==&lt;br /&gt;
The following sections provide information on the physical installation of utility facilities within highway right of way.&lt;br /&gt;
&lt;br /&gt;
===643.1.4.1 Minimum Cover for Underground Facilities===&lt;br /&gt;
The minimum cover for new underground utilities is:&lt;br /&gt;
* Forty-two inches (42”) for all water lines (parallel and crossings).&lt;br /&gt;
* Forty-two inches (42”) for fiber optic cable (crossings encased in rigid conduit).&lt;br /&gt;
* Seventy-two inches (72”) for fiber optic cable (crossings encased in polyethylene (PE) pipe).&lt;br /&gt;
* Thirty inches (30”) for direct burial and in trench fiber optic cable (parallel).&lt;br /&gt;
* Twenty-four inches (24”) for all other direct burial copper or coaxial cable, (parallel).&lt;br /&gt;
* Seventy-two inches (72”) for uncased polyethylene (PE) gas pipe crossings under ditches and roadways but thirty inches (30”) elsewhere.&lt;br /&gt;
* Thirty inches (30”) for all other (such as, but not limited to, gravity sewers, forced sewers, and electric) underground utilities (both parallel and crossing).&lt;br /&gt;
&lt;br /&gt;
===643.1.4.2 Exceptions to Encasement===&lt;br /&gt;
Exceptions may be made for encasement as follows:&lt;br /&gt;
* Non-fiber communication or electric cables installed in ducts.&lt;br /&gt;
* Welded steel pipelines carrying gaseous or liquid petroleum products - provided they are cathodically protected against corrosion, triple-coated in accordance with accepted pipeline construction standards, and meet applicable material requirements.&lt;br /&gt;
* Natural gas distribution pipe (nominal six-inch (6”) diameter maximum) of polyethylene (PE) plastic, traceable, installed by a horizontal bore method at a minimum depth of seventy-two inches (72”) under ditches and roadways, constructed in accordance with and meeting applicable material requirements.&lt;br /&gt;
* Gas service connections protected and constructed in accordance with and meeting applicable material requirements.&lt;br /&gt;
* Encasement is not required for new trunk sanitary sewer crossings of vitrified clay, reinforced concrete or cast iron except when installation procedures would produce voids in the roadbed, heavy fills, or installations under pressure.&lt;br /&gt;
&lt;br /&gt;
===643.1.4.3 Above Ground or Ground Level Appurtenances===&lt;br /&gt;
Appurtenances protruding more than four inches (4”) above the ground line should be located outside the clear zone. If no feasible alternative exists and if permitted by a variance, appurtenances may be allowed within the clear zone if they meet breakaway criteria or will be shielded by a traffic barrier. Good design practice will provide that appurtenances be located at right of way jogs, along intersecting road right of way, or at other similar acceptable locations, so that encroachment is held to an absolute minimum. Cables, wires, small diameter pipes, and other such utility appurtenances extending from the surface of the ground should be equipped with covers or guards to improve their visibility. Appurtenances within sidewalks or street level pedestrian access routes are to be in conformance with the Americans with Disabilities Act requirements.&lt;br /&gt;
&lt;br /&gt;
The maximum pull box width perpendicular to the right of way line within the utility corridor is thirty inches (30”).&lt;br /&gt;
&lt;br /&gt;
===643.1.4.4 Overhead Utility Facilities===&lt;br /&gt;
The vertical clearance of new or existing overhead installations will not be less than the current minimum requirements of the National Electric Safety Code, but in no case less than eighteen feet (18’) inclusive of sag above the groundline for electrical facilities. Clearance may be reduced for overhead installations of cable, telephone, or fiber optic facilities.&lt;br /&gt;
A minimum radial clearance of twenty-five feet (25’) is provided from any utility facility to the nearest part of any bridge structure. A minimum radial clearance of ten feet (10’) is provided from the nearest charged electrical line to a MoDOT signal, lighting, ITS, or overhead sign structure.&lt;br /&gt;
&lt;br /&gt;
===643.1.4.5 Approved Materials===&lt;br /&gt;
Utility owners are allowed to use any material for underground utility facilities including carrier and encasement provided they accept responsibility for any future repairs and/or replacement of damaged MoDOT facilities should a failure occur. This will allow the use of current technology and procedures to provide the best value to its subscribers and the taxpayers of Missouri. For materials that MoDOT also uses in its highway system, utility owners must provide materials that meet the current [https://www.modot.org/missouri-standard-specifications-highway-construction Missouri Standard Specifications for Highway Construction]. For materials not listed in the Missouri Standard Specifications for Highway Construction, the utility owner should provide documentation of the standards used to determine suitability of the material.&lt;br /&gt;
&lt;br /&gt;
===643.1.4.6 Cutting===&lt;br /&gt;
In the event permission is granted to cut an existing concrete or asphalt pavement or sidewalk, the appropriate provisions below should be followed.&lt;br /&gt;
&lt;br /&gt;
====643.1.4.6.1 Pavement====&lt;br /&gt;
All pavement cuts should be made with a saw to the full depth of the pavement. The width of the cut is typically determined by the width of the trench plus a minimum one foot (1’) on each side of the trench. In the event the distance to any adjacent longitudinal or transverse joint or crack is less than four feet (4’), the pavement must be removed to the joint or crack. Cuts for perpendicular service tie-ins should be a minimum of three feet (3’) wide. Longitudinal main installations are typically cut at a minimum of half the lane width, but in no instance should the cut be along the wheel path of the lane.&lt;br /&gt;
[[File:fig_643.1.6-06_2026.jpg|800px|none|thumb|Figure 643.1.6 Pavement Repair Dimension Requirements.]]&lt;br /&gt;
&lt;br /&gt;
The utility facilities should be placed in a location with the least impact to the roadway. Typically, this leads to placement in the shoulder when available followed by the two-way left turn lane (TWLTL), and then outside lanes before allowing placement in interior through lanes. Lane switching should be kept to a minimum and should not be used to minimize repair sizes. Cuts for mains or service leads that may not be perpendicular to the roadway should be squared-off.&lt;br /&gt;
&lt;br /&gt;
Replacement of cut pavement should be full depth concrete in accordance with the current version at the time of installation of Section 613.10 Full Depth Pavement Repairs of the Missouri Standard Specifications for Highway Construction and the Missouri Standard Plans for Highway Construction. If the area of the pavement repair is not to be fully resurfaced all joints including the overcut from the sawing operation should be filled with an expansive mortar, epoxy, polyester, or joint material as approved by the Engineer in accordance with Section 1057 of the Missouri Standard Specifications for Highway Construction.&lt;br /&gt;
&lt;br /&gt;
====643.1.4.6.2 Pedestrian Access Routes====&lt;br /&gt;
All cuts in the pedestrian access routes whether asphalt or concrete should be made by saw and be the full depth of the material. Entire slabs of concrete sidewalk should be removed. Repair of the pedestrian access route must meet Americans with Disability Act requirements, see [[:Category:642_Pedestrian_Facilities|EPG 642]]. Cuts through curb ramps or detectable warning areas are not permitted. Rather the entire curb ramp or detectable warning area must be removed and replaced. MoDOT district ADA contacts can help ensure ADA compliance of impacted pedestrian access routes.&lt;br /&gt;
&lt;br /&gt;
===643.1.4.7 Non-disturbance Areas===&lt;br /&gt;
MoDOT has certain areas of right of way where mowing, spraying, digging, or other vegetation disturbance activities are restricted. These areas have been established to mitigate the environmental impacts of a previous project and should be avoided. If the areas cannot be avoided, contact MoDOT’s Environmental Section.&lt;br /&gt;
&lt;br /&gt;
==643.1.5 Bridge Attachment Policy==&lt;br /&gt;
No utility facility will be permitted in or on a structure carrying an interstate or other freeway unless it is part of a federal requirement or for MoDOT’s use. When the structure carries any other road type and no other practical means exists for the crossing, wires (communication, electrical, fiber, or metal) will be permitted. Electrical lines must be located to cause minimum exposure to MoDOT maintenance personnel and the public. Pressurized pipelines for gas or other petroleum products and water and all sewer lines are prohibited on all structures due to the risks associated with their failure.&lt;br /&gt;
&lt;br /&gt;
===643.1.5.1 Agreement===&lt;br /&gt;
An agreement is required for all utility facilities attached to any structure. A charge will be made for the increased maintenance costs involved. This fee is set by the Bridge Division. When permitted, a 50-year occupational agreement is executed with the utility owner. Agreement BR04 Utility Attachment Agreement is used when an attachment is added to a bridge during its construction. Agreement BR09 Bridge Attachment Agreement is used when an attachment is added to an existing bridge.&lt;br /&gt;
&lt;br /&gt;
===643.1.5.2 Requests===&lt;br /&gt;
Requests to attach facilities to structures is a multi-step process. Bridge Division is responsible for approval of the bridge attachment. If at any point in the process, Bridge Division determines the attachment to be unacceptable, a reason is to be provided.&lt;br /&gt;
&lt;br /&gt;
To start, the utility owner submits a conceptual request to the district utilities staff. The conceptual request consists of an explanation of the proposal; a general location sketch (i.e., which side of the bridge); and details on the facility, length, and weight per foot when full. The district utilities staff should work with all relevant district personnel including the District Bridge Engineer in reviewing and recommending the attachment. The district utilities staff will submit the recommended details to the Bridge Division to determine the applicable costs including future maintenance costs and for attachments to new bridges, design and construction. Once the Bridge Division has determined the cost, the district utilities staff shares the cost with the utility owner for their concurrence with furthering the process. For new bridges, if the utility owner concurs with the costs, the district utility staff will prepare the BR04 Agreement for execution by the utility owner and the Commission. MoDOT will be responsible for the design and construction of attachments to new bridges. For existing bridges, the district utilities staff will forward the applicable as-built bridge plans to the utility owner for its use in designing the bridge attachment. The utility owner will provide detailed design drawings, signed and sealed by a professional engineer in the State of Missouri, to the district utilities staff for review. The district utilities staff should work with all relevant district personnel, including the District Bridge Engineer, in reviewing and recommending the details of the attachment to the Bridge Division. Once Bridge Division approves, the Bridge Division will prepare the BR09 Agreement for execution by the utility owner and the Commission. The utility owner is responsible for the construction of attachments to existing bridges. A flow chart, [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_7_BridgeAttachementProcess_AOD.pdf EPG Figure 643.1.7], of the process is available.&lt;br /&gt;
&lt;br /&gt;
Payment from the utility owner for the attachment will be sent to Financial Services by district utilities staff. For BR04 agreements, district utilities staff should discuss with Financial Services how to get the payment credited to the project constructing the attachment. For BR09 agreements, district utilities staff should copy Bridge Division on correspondence with Financial Serves. Checks should be made payable to Director of Revenue, Credit State Road Fund.&lt;br /&gt;
&lt;br /&gt;
For requests from government entities such as cities, counties, and other municipalities, the requested information should be submitted to Bridge Division as described above. However, the district utilities staff will take the lead in preparing the DE10 County Agreement or DE11 Municipal Agreement, as applicable, with input from Bridge Division and Bridge Maintenance. All fees are waived for government entities.&lt;br /&gt;
&lt;br /&gt;
===643.1.5.3 Considerations===&lt;br /&gt;
The following considerations are made in determining the acceptability of a bridge attachment. Unique situations will be discussed with the Bridge Division as required.&lt;br /&gt;
&lt;br /&gt;
====643.1.5.3.1 Bridge Asset Management Program====&lt;br /&gt;
Requests for bridge attachments should be reviewed for consistency with the district’s upcoming bridge asset management program needs. If a structure is due for rehabilitation or replacement in the near future, information should be provided to the utility owner indicating existing remaining life of the bridge. In some instances, it may be in MoDOT’s best interest to deny the request for attachment outright. In some instances, the utility owner may still choose to pursue the short-term attachment to the existing structure. In almost all cases, the utility owner is responsible for the cost of removing and/or relocating their utility facilities for a necessary repair, widening, improvement or reconstruction of the structure. Review existing agreements for cost responsibility for current attachments.&lt;br /&gt;
&lt;br /&gt;
====643.1.5.3.2 Aesthetics====&lt;br /&gt;
In reviewing a request for a bridge attachment, how the structure is viewed by the public will be considered. For example, is the structure over a scenic stream that is extensively used by canoeists, or does the structure span a road that may provide access to a park, campgrounds, or boat launching facilities? Is the structure a grade separation where the motoring public will see the attachment before they pass under it?&lt;br /&gt;
&lt;br /&gt;
====643.1.5.3.3 Method of Attachment====&lt;br /&gt;
In order to maintain structural integrity of any structures the following requirements will apply for attachments.&lt;br /&gt;
&lt;br /&gt;
=====643.1.5.3.3.1 Welding=====&lt;br /&gt;
Welding of hardware to structural steel members (i.e., flanges, webs, stiffeners, and diaphragms) whether in tension or compression is not permitted.&lt;br /&gt;
&lt;br /&gt;
=====643.1.5.3.3.2 Drilling=====&lt;br /&gt;
Drilling holes in any structural steel member is not permitted. Drilling holes for anchors into any prestressed concrete member is not permitted. Although permitted, drilling holes for anchors into the underside of bridge decks must be done with caution. It is recommended all anchors be installed to miss deck reinforcing steel. Generally, drilling into decks will not be allowed where sonotubes were used (voided slab bridges). The depth of the holes should be such that breaking out of the concrete on the top side of the deck does not occur.&lt;br /&gt;
&lt;br /&gt;
=====643.1.5.3.3.3 Corrosion=====&lt;br /&gt;
Attachment hardware will be new, properly coated to prevent corrosion or be of a non-corrosive material, and be designed to support the facility.&lt;br /&gt;
&lt;br /&gt;
====643.1.5.3.4 Location====&lt;br /&gt;
In general, attachments are made on the underneath side of the bridge deck. The condition of the bridge deck will dictate the location of the attachment supports. An exception may be attachments to trusses or other overhead structures.&lt;br /&gt;
&lt;br /&gt;
Attachments that may require manholes in bridge decks are not allowed.&lt;br /&gt;
&lt;br /&gt;
When attachments are required to structures over streams that may carry large drifts, they must be attached to the downstream side of the structure and above the lowest superstructure element. It is preferred to locate the attachment on the outside of the exterior girder. If aesthetics are a concern, a better appearance can be achieved by having the attachment made to the inside of the exterior girder and above the bottom of the lower flange to hide the conduit and the attaching hardware.&lt;br /&gt;
&lt;br /&gt;
Placement of utilities must not prevent the removal of old paint, the application of new paint on superstructure steel, or cause debris buildup, which could cause structural deterioration.&lt;br /&gt;
&lt;br /&gt;
====643.1.5.3.5 Construction and Maintenance====&lt;br /&gt;
If the attachment cannot be built while maintaining one (1) lane of traffic on the structure, it will not be allowed.&lt;br /&gt;
&lt;br /&gt;
Construction procedures that severely impact traffic may factor into the allowable location of the attachment on the structure.&lt;br /&gt;
&lt;br /&gt;
When scaffolding is to be attached or supported by bridge rails, bridge superstructure, or bridge substructure, the procedures for construction of the attachment must be reviewed.&lt;br /&gt;
&lt;br /&gt;
The utility owner or local entity will pay for, or be responsible for, the painting of the attachment, if necessary, when the bridge requires painting.&lt;br /&gt;
&lt;br /&gt;
==643.1.6 Private Lines==&lt;br /&gt;
Private lines are permitted to cross the right of way of a highway in the same manner as outlined for all utility facilities in above sections of this article. Parallel installations along the right of way of a highway are not permitted. Special conditions at a specific location that make adherence to this policy impractical will be submitted to the Chief Engineer for consideration of an acceptable alternative. In certain situations, it may be necessary to obtain approval from the Federal Highway Administration (FHWA) before approval to use the alternative can be given to the private utility owner.&lt;br /&gt;
&lt;br /&gt;
==643.1.7 Water and Sewer Separations==&lt;br /&gt;
The Missouri Department of Natural Resources (MoDNR) Safe Drinking Water Commission via 10 CSR 60-10 and Clean Water Commission via 10 CSR 20-8 govern the design of water and sewer lines in the vicinity of one another. Basic criteria are outlined below for information, and details are contained within the regulations. MoDOT is not responsible for providing or acquiring adequate right of way for utility owners to comply with MoDNR requirements.&lt;br /&gt;
&lt;br /&gt;
===643.1.7.1 Line Separations===&lt;br /&gt;
====643.1.7.1.1 Horizontal====&lt;br /&gt;
Sanitary and storm sewers are to be laid at least ten feet (10’) horizontally measured from outside edge to outside edge from any existing or proposed water main. In cases where it is not practical to maintain ten feet (10’) of separation, installation of the water main closer to the sewer is acceptable where the water main is installed in a separate trench or on an undisturbed earth shelf located on one (1) side of the sewer at an elevation so the bottom of the water main is at least eighteen inches (18”) above the top of the sewer.&lt;br /&gt;
&lt;br /&gt;
===643.1.7.1.2 Crossings===&lt;br /&gt;
Water mains are to be laid to provide a minimum vertical distance of eighteen inches (18”) vertically measured outside edge to edge from sanitary or storm sewers. This is the case whether the water main is above or below the sewer. One (1) full length of water pipe must be located so both joints will be as far from the sanitary or storm sewer line as possible. Special structural support for the water main or sanitary or sewer main may be required.&lt;br /&gt;
&lt;br /&gt;
===643.1.7.3 Exception===&lt;br /&gt;
When it is impossible to obtain proper horizontal and vertical separation as stipulated, the sewer will be designed and constructed equal to water pipe and will be pressure-tested to assure it is watertight prior to backfilling.&lt;br /&gt;
&lt;br /&gt;
===643.1.7.4 Water Supply Interconnections===&lt;br /&gt;
No physical connection is permitted between a public or private potable water supply system and any sanitary or storm sewer or appurtenance that would permit the passage of any sewage or polluted water into the water supply. No water pipe is permitted to pass through or come in contact with any part of a sanitary sewer manhole.&lt;br /&gt;
&lt;br /&gt;
===643.1.7.5 Water Works Structures===&lt;br /&gt;
Sewers are not permitted to be installed within fifty feet (50’) in any direction from any existing or proposed public water supply well or other water supply sources or structures.&lt;br /&gt;
&lt;br /&gt;
==643.1.8 Variances==&lt;br /&gt;
Occasionally, it is impractical to locate a utility facility in accordance with requirements outlined in this article. MoDOT may consider a utility owner’s request for a variance from these requirements on a case-by-case basis. The utility owner should complete a [https://epg.modot.org/forms/general_files/DE/UtilityVarianceApprovalForm.docx Utility Variance Approval Form] to be submitted to MoDOT for consideration. Variances on the Interstate System require approval of the Federal Highway Administration (FHWA). A flow chart, [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_8_VarianceApprovalProcess.pdf EPG Figure 643.1.8], of the variance process is available.&lt;br /&gt;
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A variance will not be permitted just for the convenience of the utility owner. The utility owner requesting a variance must provide all necessary information to properly evaluate if a variance should be approved. For example, a utility owner requesting a variance because “the utility corridor is full” must explore all reasonable options. It is suggested that the requestor pothole the existing utility corridor to confirm the location of existing utility facilities and provide that data to support the need to locate outside of the utility corridor due to its congestion.&lt;br /&gt;
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===643.1.8.1 Variance Process===&lt;br /&gt;
Any utility owner of a public utility facility may apply for a variance. The process for requesting a variance is as follows:&lt;br /&gt;
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====643.1.8.1.1 Submittal Requirements====&lt;br /&gt;
Utility owners submit to the district utilities staff a written request for a variance using the [https://epg.modot.org/forms/general_files/DE/UtilityVarianceApprovalForm.docx Utility Variance Approval Form]. The utility owner must clearly show the provision(s) or guideline(s) for which the variance is being requested; the condition(s) which the utility owner believes warrant(s) the granting of a variance; a thorough explanation of the reason(s) for the requested variance, including sufficient and appropriate documentation of safety, aesthetic, or constructability constraints that would be adverse to the function, access, or maintenance of the utility facility and not in the best interest of the public.&lt;br /&gt;
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====643.1.8.1.2 MoDOT Consideration of Variance Request====&lt;br /&gt;
The utility owner bears full responsibility for demonstrating to MoDOT’s satisfaction that the variance is the most appropriate way to serve the public interest. MoDOT may present to the utility owner and the utility owner must consider reasonable alternatives to the variance requested by the utility owner. In determining whether to grant a variance, district utilities staff will consider all relevant factors including, but not limited to: the requested variance is reasonably necessary for the convenience, safety, health, and/or welfare of the public; there is an exceptional or undue burden or hardship on the specific applicant; a physical impracticability that would result from the applicant’s adherence to the normal location requirements; and the requested variance will not impair the safe construction, maintenance, operation, and safety of public travel on the highway. District utilities staff may consult with the Design Liaison Engineer in evaluating variances.&lt;br /&gt;
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====643.1.8.1.3 Approval of Variances====&lt;br /&gt;
Once district utilities staff have agreed to accept a variance proposed by the utility owner, the [https://epg.modot.org/forms/general_files/DE/UtilityVarianceApprovalForm.docx Utility Variance Approval Form] and all supporting documentation is sent to the District Design Engineer (DDE) for approval. If a variance is on interstate right of way, the DDE-signed Variance Request Form and all supporting documentation is forwarded to the Design Liaison Engineer who will forward to FHWA for their concurrence.&lt;br /&gt;
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====643.1.8.1.4 Variance Appeal Informal Hearing====&lt;br /&gt;
If denied a variance, the utility owner has thirty (30) calendar days to request an informal hearing for the purpose of appealing the denial. Requests must be made in writing to the State Design Engineer, Missouri Department of Transportation, P.O. Box 270, Jefferson City, MO 65102. If the utility owner requests an informal hearing, MoDOT’s authorized representative will advise the applicant of the time, date, and place of the hearing. The hearing is not a contested case under RSMo 536. The rules of evidence will not apply at the hearing, and MoDOT’s decision after the conduct of the hearing is not subject to further appeal.&lt;br /&gt;
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==643.1.9 Excess Right of Way==&lt;br /&gt;
Prior to conveyance of excess right of way, the status of utility facilities within said parcel must be addressed. See [[236.5_Property_Management#236.5.12_Excess_Land_Conveyances_&amp;amp;_Relinquishments_–_Regulated_Utilities|EPG 236.5.12]].&lt;br /&gt;
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==643.1.10 Broadband==&lt;br /&gt;
Broadband development in the state of Missouri is handled by the Department of Economic Development (DED). MoDOT shares its approved Statewide Transportation Improvement Program (STIP) project list with DED. All MoDOT policies related to placement of utility facilities within Commission right of way as outlined in this EPG 643.1 are to be followed.&lt;br /&gt;
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&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643.2 Utilities in Program Delivery &#039;&#039;PAGE TITLE&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt; &lt;br /&gt;
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==643.2.1 Introduction==&lt;br /&gt;
Improvements to the highway system often require negotiation between the Commission and a city, a county, or a public or private utility owner. The Commission’s district utilities staff is responsible for coordination of highway improvement projects with the utility owner’s representative. The impact to a utility, the responsibility for the cost of adjustments necessary to allow highway construction, the plan of adjustment of the utility, the responsibility of performance of work on utility facilities, and the schedule of the utility adjustment are all items that vary depending on the project and should be investigated and negotiated to ensure highway improvement projects are delivered on-time and on-budget. These should comply with Commission policy. A [https://epg.modot.org/forms/general_files/DE/flowchart.pdf flowchart] outlining all the utility adjustment processes (reimbursable and non-reimbursable relocations, Master Reimbursable Utility Agreements and Project Specific Agreements, etc.) are available in the list of figures at the top of the page. These processes will not always be in combination, but each should be considered with each project.&lt;br /&gt;
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The district utilities staff, in conjunction with the Transportation Project Manager (TPM), is expected to invite and encourage participation of utility owner representatives in MoDOT project meetings as needed.&lt;br /&gt;
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When a project involves utility adjustments for which the Commission is responsible for costs, the TPM should program the costs of the utility adjustments as non-contractual construction costs in the STIP Information Management System (SIMS).&lt;br /&gt;
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==643.2.2 Annual Utility Meeting==&lt;br /&gt;
Each district should hold an annual meeting with utilities to discuss current STIP projects in the district. The annual meeting should be held during each year&#039;s STIP preparations, ideally between January and May. All utility owners that have utility facilities in the district should be invited. The intent is to provide the utility owners with an idea of upcoming projects to allow them the opportunity to plan and budget for potential adjustments of their utility facilities, identify both MoDOT and utility roadblocks, and develop action plans to complete utility adjustments better, faster, and cheaper.&lt;br /&gt;
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==643.2.3 Determination of Existing Utilities==&lt;br /&gt;
District utilities staff should determine the appropriate level of effort needed to accurately identify existing utilities within the footprint of a proposed highway construction project. Aboveground utilities are easily identifiable via field checks; however, determination of the precise location of underground utilities can be more challenging and time consuming. Therefore, the district utilities staff should balance the risk of conflict with the highway construction project against the level of effort needed to determine the location.&lt;br /&gt;
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The level of effort on mapping utilities is dependent on the scope of the project and the potential for utilities having an impact on the construction of the project. The project schedule should include the time to complete this task accurately. The time and effort necessary for having accurate locates requires close interaction with the utility locators. Early contact with utility owner representatives may be necessary to accurately locate underground utility facilities.&lt;br /&gt;
&lt;br /&gt;
Various methods of determining existing underground utilities result in different levels of quality. ASCE Standard 38 Standard Guidance for Investigating and Documenting Existing Utilities classifies four levels of quality:&lt;br /&gt;
:1. Quality Level D: QL-D is the most basic level of information for utility locations. It comes solely from existing utility records or verbal recollections, both typically unreliable sources. It may provide an overall &amp;quot;feel&amp;quot; for the congestion of utilities but is often highly limited in terms of comprehensiveness and accuracy. QL-D is useful primarily for project planning and route selection activities.&amp;lt;br&amp;gt;&lt;br /&gt;
: ● Missouri 811 or “private-locate” markings are to be considered to be QL-D.&lt;br /&gt;
:2. Quality Level C: QL-C is probably the most used level of information. It involves surveying visible utility facilities (e.g., manholes, valve boxes, etc.) and correlating this information with existing utility records (QL-D information). When using this information, it is not unusual to find that many underground utilities have been either omitted or erroneously plotted. Therefore, its usefulness is primarily on rural projects where utilities are not prevalent or are not too expensive to repair or relocate.&lt;br /&gt;
:3. Quality Level B: QL-B involves the application of appropriate surface geophysical methods to determine the existence and horizontal position of virtually all utilities within the project limits. This activity is called &amp;quot;designating&amp;quot;. The information obtained in this manner is surveyed to project control. It addresses problems caused by inaccurate utility records, abandoned or unrecorded utility facilities, and lost references. The proper selection and application of surface geophysical techniques for achieving QL-B data is critical. Information provided by QL-B can enable the accomplishment of preliminary engineering goals. Decisions regarding location of storm drainage systems, footers, foundations, and other design features can be made to avoid conflicts with existing utilities. Slight adjustments in design can produce substantial cost savings by eliminating utility relocations.&lt;br /&gt;
:4. Quality Level A: QL-A, also known as &amp;quot;locating or potholing&amp;quot;, is the highest level of accuracy presently available and involves the full use of the subsurface utility engineering services. It provides information for the precise plan and profile mapping of underground utilities through the nondestructive exposure of underground utilities, and provides the type, size, condition, material, and other characteristics of underground features.&lt;br /&gt;
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For projects with scopes that have potential for utility conflicts, the minimum level of effort required is SUE Quality Level D. Locations of existing utilities are determined by requesting locates through Missouri 811, also known as the “One-Call” process. Missouri 811 locating requests should be carefully considered for the scope of work of the project. When necessary, the location of existing utilities should be established by a field survey of locate markings and features and shown on the roadway plans. Higher level SUE Quality Levels can be used on any project. Adjustment cost savings, whether to the MoDOT or to the utility owner, are beneficial to the taxpayer. Good SUE projects are typically urban in nature, or in congested areas, where the project footprint is to be minimized, or anytime accurate vertical and horizontal location of the utility facility might allow a design to avoid the utility facility thus preventing the need for the adjustment. The SUE process combines civil engineering, surveying, and geophysics. It utilizes several technologies, including vacuum excavation and surface geophysics.&lt;br /&gt;
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When proposed excavation or installation of subsurface features (drainage, equipment bases, etc.) falls within three feet (3’) of a marked Missouri 811 line, soft digging (hand digging, potholing, vacuum methods, pressurized air/water jetting, pneumatic hand tools, etc.) is required to more exactly locate the utility facility both horizontally and vertically. Utility facilities present within the right of way by permit, should be investigated by the utility owner. Utility facilities that would be reimbursable or partially reimbursable as defined in EP 643.2.8 will be investigated by MoDOT.&lt;br /&gt;
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==643.2.4 Conflict Determination==&lt;br /&gt;
Determination of whether a conflict exists between an existing utility facility and a proposed highway improvement project should occur at the earliest possible stage of project development. A conflict may be the result of the physical interaction between the roadway infrastructure and utility facility, a reduction in cover or increase in fill over underground utilities, a reduction in horizontal clearance whether above or below ground, a reduction in overhead vertical clearance, paving over utilities, or restricting a utility owner’s access to its utility facilities. District utilities staff should work with utilities to determine if a conflict exists and the appropriate plan of adjustment to remedy the conflict. The adjustment to the utility may be a relocation or another measure that protects the utility or access to the utility from the proposed highway improvement project. Determination of a conflict needs to be continually re-evaluated as the project design progresses. Continuing coordination is essential.&lt;br /&gt;
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==643.2.5 Utility Plan of Adjustment==&lt;br /&gt;
===643.2.5.1 Request for Plan of Adjustment===&lt;br /&gt;
District utilities staff will request a plan of adjustment from utility owners whose utility facilities are in conflict with a proposed highway project. The plan of adjustment may consist of efforts to relocate the utility or otherwise protect a utility from the impacts of the proposed highway project. Utilities are shown on the roadway plan and profiles sheets that are furnished to utility owners for use in planning required utility adjustments. Any other sheets such as drainage, traffic signal, lighting, or ITS plans that show impacts to a utility facility should also be provided to the utility owners. All adjustments, reimbursable or not, require a plan of adjustment furnished by the utility owner.&lt;br /&gt;
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A transmittal letter is included in the request for a plan of adjustment. The letter informs the utility owner that regardless of whether an adjustment is reimbursable, no physical adjusting or relocating of their utility facilities to accommodate the proposed highway improvement is to be performed without specific approval and authorization. Additionally, if any part of the adjustment has the potential to be reimbursable, they are advised:&lt;br /&gt;
# They may undertake preliminary engineering by their own forces upon approval by district utilities staff of the estimated costs of preliminary engineering.&lt;br /&gt;
# They may employ a consultant to do the PE work provided they request and obtain prior approval. See [[#643.2.6_Preliminary_Engineering_Requirements|EPG 643.2.6 Preliminary Engineering Requirements]].&lt;br /&gt;
# Any preliminary engineering costs accrued prior to the date of written authorization to proceed will not qualify for reimbursement.&lt;br /&gt;
# Replacement right of way or easements cannot be purchased without specific approval and authorization.&lt;br /&gt;
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===643.2.5.2 Proposed Plan of Adjustment===&lt;br /&gt;
Developing a plan of adjustment is a multi-step process. The utility owner will propose a conceptual approach to adjusting the utility facilities to allow highway construction. This conceptual approach is used as the basis for determining cost responsibility, estimate of costs for preliminary engineering and construction, developing the agreement if necessary, and final design of the adjustment. Negotiations between district utility staff and the utility owner’s representative can result in changes to the design throughout the process.&lt;br /&gt;
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Final plans of adjustment must contain a legend on the first sheet identifying the utility symbols used. They must also show the existing utility facilities and their disposition, the location of the new or adjusted utility facilities, the existing and new right of way lines, the limited or fully controlled access symbols (where applicable), the existing and proposed roadways, ramps, and outer roadways and any other pertinent roadway information. They must contain sufficient details concerning location, elevation, compaction, clean up, etc. to provide for the proper adjustment of the utility facility. Relocated and/or existing utility facilities that will remain in place must be dimensioned or indicated in a manner to show their location in respect to the right of way lines. It is preferred that the utility owner transmits the plan of adjustment by electronic deliverables in a format that can be incorporated into the roadway plans. This will reduce the time and effort necessary as well as increase the accuracy of transferring this information into the roadway plans.&lt;br /&gt;
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Plans of adjustment received from the utility owner are to be checked for compliance with MoDOT’s requirements ([[#643.1_Utilities_Location|EPG 643.1 Utility Location]]) by the district utilities staff. They are also checked to ensure compatibility with the roadway design. Any continuing conflicts are resolved through negotiations with the utility owner.&lt;br /&gt;
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Occasionally, it is impractical to perform a utility adjustment in accordance with MoDOT’s requirements. Sometimes the utility may request approval of a plan of adjustment that does not conform to these requirements. Deviation from MoDOT’s utility requirements is a variance. Refer to [[#643.1.8_Variances|643.1.8 Variance Process]] for additional guidance.&lt;br /&gt;
The final plan of adjustment is included as Exhibit “A” to the agreement ([[#643.2.12_Utility_Agreements|EPG 643.2.12 Agreements]]).&lt;br /&gt;
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==643.2.6 Preliminary Engineering Requirements==&lt;br /&gt;
Preliminary engineering (PE) can be performed one of four ways for utility adjustments:&lt;br /&gt;
# The utility owner can use its own engineering forces.&lt;br /&gt;
# MoDOT can select an engineering consultant, after consultation with the utility owner, and the consultant contract will be administered by MoDOT.&lt;br /&gt;
# The utility owner can select an engineering consultant, with approval by MoDOT, and the consultant contract will be administered by the utility owner.&lt;br /&gt;
# If a utility adjustment is being included in a MoDOT administered construction contract, the preliminary engineering of the adjustment can be provided by MoDOT.&lt;br /&gt;
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For reimbursable utility adjustments, the amount paid to engineers, architects, and others for required engineering and allied services can be included in reimbursement amount provided such amounts are not based on a percentage of the costs of the necessary adjustments to allow highway construction. Reimbursement is available for contracts executed after solicitation of a consultant for the specific adjustment or existing continuing contracts when it is demonstrated that such work is performed regularly for the utility owner in its own work and that the costs are reasonable.&lt;br /&gt;
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A [https://epg.modot.org/forms/general_files/DE/UtilityConsultantContractChecklist.docx checklist is available for reviewing consultant-engineering contracts] to ensure the contract conforms to MoDOT policy and complies with applicable federal regulations. District utilities staff should use the checklist to review contracts and may consult with Audits and Investigations Division as necessary. The procedures in 23 CFR part 172, Administration of Engineering and Design Related Service Contracts may be used as a guide for reviewing proposed consultant contracts. [[:LPA:136.4_Consultant_Selection_and_Consultant_Contract_Management|EPG 136.4 Consultant Selection and Consultant Contract Management]] may also be used as a guide.&lt;br /&gt;
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===643.2.6.1 Solicited Consultant Contracts===&lt;br /&gt;
If solicitation of PE services is required for reimbursable utility adjustments, the utility owner must provide the following documents and information to district utilities staff. These documents need to be provided as soon as the utility owner has chosen to solicit a consultant. Document 1 must be supplied by all utility owners. Documents 2 and 3 are only required when the utility owner is a local government agency who is also a political subdivision of the state of Missouri (e.g., city-owned utilities, county-owned utilities). All other utility owners are encouraged, but not required, to provide Documents 2 and 3:&lt;br /&gt;
# A statement that the utility owner is not staffed or able to perform the required PE services with its own forces.&lt;br /&gt;
# Provide the names of at least three (3) consultants considered.&lt;br /&gt;
# The criteria used to evaluate each consultant and reasons why the selected consultant was selected.&lt;br /&gt;
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The following documents need to be provided as soon as the utility owner has successfully negotiated and entered into a contract with the consultant:&lt;br /&gt;
# The name and address of the selected consultant.&lt;br /&gt;
# A statement that the &amp;quot;[https://epg.modot.org/forms/general_files/DE/CertificationOfConsultant.docx Certification of Consultant]&amp;quot; will be furnished immediately upon award of the contract to the consultant.&lt;br /&gt;
# One executed copy of the proposed engineering contract or agreement between the utility owner and consultant, only if the engineering will exceed $5,000.00.&lt;br /&gt;
# The consultant&#039;s fixed (lump sum) or estimated fee (actual cost) and the contract maximum.&lt;br /&gt;
# A cost summary providing a detailed breakdown of the basis for the consultant&#039;s compensation, including estimated labor hours, hourly rates for each classification, overhead rate (if used), the amount of profit charged, and any other estimated charges such as travel expenses, equipment rentals, etc. If an overhead rate is used, the consultant must also submit the supporting overhead rate calculations.&lt;br /&gt;
# An independent cost estimate of engineering services provided by the utility owner to use in comparison to the consultant’s proposed engineering services to check for cost reasonableness.&lt;br /&gt;
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===643.2.6.2 Continuing Consultant Contracts===&lt;br /&gt;
When a utility owner chooses to use an existing continuing contract for PE services, the utility owner must provide the following documents and information to the district utilities staff as soon as possible.&lt;br /&gt;
# A statement that the utility owner is not staffed or able to perform the engineering with its own forces.&lt;br /&gt;
# The name and address of the consultant under the existing continuing contract.&lt;br /&gt;
# A statement that the &amp;quot;[https://epg.modot.org/forms/general_files/DE/CertificationOfConsultant.docx Certification of Consultant]&amp;quot; will be furnished.&lt;br /&gt;
# A copy of the continuing contract to the district utilities staff. The district utilities staff will review the contract for reasonableness of cost.&lt;br /&gt;
# The consultant&#039;s fixed (lump sum) or estimated fee (actual cost) and the contract maximum for the work associated with the utility adjustment.&lt;br /&gt;
# A cost summary providing a detailed breakdown of the basis for the consultant&#039;s compensation, including estimated labor hours, hourly rates for each classification, overhead rate (if used), the amount of profit charged, and any other estimated charges such as travel expenses, telephone, etc. If an overhead rate is used, the consultant must also submit the supporting overhead rate calculations.&lt;br /&gt;
# An independent cost estimate of engineering services provided by the utility owner to use in comparison to the consultant’s proposed engineering services to check for cost reasonableness.&lt;br /&gt;
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===643.2.6.3 Consultant Contract Changes===&lt;br /&gt;
If a PE services contract between a utility owner and a consultant needs to be revised, a copy of the revised contract, fee, and schedule should be submitted by the utility owner to the district utilities staff prior to allowing for contract changes. District utilities staff should review the contract changes to ensure the revised contract conforms to MoDOT policy and complies with applicable federal regulations.&lt;br /&gt;
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==643.2.7 Environmental and Right of Way==&lt;br /&gt;
===643.2.7.1 Utilities and Environmental Clearances===&lt;br /&gt;
District utilities staff should coordinate with the TPM and utility owner’s representative to understand and communicate on known environmental and cultural constraints that could impact a utility owner’s plan of adjustment. This will allow the utility owner to consider permitting timelines and alternatives that avoid environmental or cultural resources to keep the project on schedule.&lt;br /&gt;
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One strategy to make project delivery more efficient and ensure regulatory compliance is for MoDOT to obtain the environmental and cultural resource permits and clearances for the utility owners associated with a roadway improvement while obtaining its own. This would generally only be for the permits and regulatory clearances MoDOT already needs to pursue as a part of the transportation improvement.&lt;br /&gt;
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District utilities staff should coordinate with the utility owner’s representative early in the project timeline to determine if it is in the best interest of both MoDOT and the utility owner to obtain permits and environmental clearances jointly. The following strategies can be utilized to determine if a joint approach to environmental work should be pursued:&lt;br /&gt;
* If utility facilities are moving to a location within or immediately adjacent to MoDOT right of way, a utility owner may be invited to participate in permitting and environmental compliance activities.&lt;br /&gt;
* If utilities move to a location not within or adjacent to MoDOT right of way, the utility company would not normally be invited to participate in permit applications and environmental compliance activities. However, some unique projects may necessitate further attention and should be discussed with the Design Liaison Engineer.&lt;br /&gt;
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If MoDOT and the utility owner agree to obtain joint permits and clearances, written communication between the utility owner’s representative and the district utilities staff should document the following items:&lt;br /&gt;
* List of the permits and clearances that MoDOT will acquire on behalf of the utility owner.&lt;br /&gt;
* List of the information needed from the utility owner in order for MoDOT to acquire the permits and clearances.&lt;br /&gt;
* Schedule and deadlines for submittal of the information by the utility owner. For example: utility plans, fill quantities, construction methods, dates, or seasons of construction.&lt;br /&gt;
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Permits and clearances that may be needed by both a utility owner and MoDOT include:&lt;br /&gt;
* [[127.7_Threatened_and_Endangered_Species|Endangered Species Act consultation and clearance]]&lt;br /&gt;
* [[127.2_Historic_Preservation_and_Cultural_Resources#127.2.1.1_Historic_Preservation_Regulations_and_Laws|Section 106 of the National Historic Preservation Act clearance]]&lt;br /&gt;
* [[127.10_Section_4(f)_Public_Lands|Section 4(f) clearance]]&lt;br /&gt;
* [[127.10_Section_4(f)_Public_Lands#127.10.1.4_Section_6(f)_Laws_and_Regulations|Section 6(f) of the Land and Water Conservation Fund Act clearance]]&lt;br /&gt;
* [[127.4_Wetlands_and_Streams|Section 401 and Section 404 of the Clean Water Act permits]]&lt;br /&gt;
* [[:Category:806_Pollution,_Erosion_and_Sediment_Control#806.1_Introduction_(see_Sec._806)|Section 402 of the Clean Water Act permit (State Operating Permit for Erosion Control)]]&lt;br /&gt;
* [[127.8_Hazardous_and_Solid_Waste|Recommendations on contaminated soil disposition]]&lt;br /&gt;
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===643.2.7.2 Right of Way Acquisition and Utilities===&lt;br /&gt;
The Commission is obligated to acquire the width of right of way required by the design of the highway improvement. For utility facilities currently located within the Commission’s right of way, this includes the necessary space for the utility facilities impacted by the design of the highway improvement. Either additional right of way width to accommodate a utility corridor or a utility easement can be obtained for the relocation of utility facilities. When drainage easements are acquired along a channel, additional space for utility facilities should be considered to avoid conflicts between the utility facility and the bridge or culvert.&lt;br /&gt;
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District utilities staff should inform the utility owner’s representative of the potential of a conflict between an existing utility facility and a proposed highway construction project early in the project development process to allow sufficient time for the utility owner to prepare a plan of adjustment and notify the district utilities staff of any easement needs. When utility facilities are located on a utility owner’s private easement, the utility owner may obtain its own new easements. If the utility owner is not in a position to negotiate for new easements or if the utility owner’s policies will not permit it to condemn property to obtain the easement, MoDOT can acquire the easement in the same manner roadway right of way is obtained. The district utilities staff should verify the utility owner is aware of the opportunity to have MoDOT acquire the easement, and the utility owner should provide written documentation on whether the utility owner would like to pursue this option with MoDOT.&lt;br /&gt;
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For situations where the utility owner will obtain its own replacement right of way and the cost of the adjustment is MoDOT’s responsibility, the utility right of way cost should be reviewed by the district right of way department to ensure the cost is reasonable and acquisition followed state and federal regulations. In order to expedite utility adjustments necessary to allow highway construction, the district utility staff may authorize the utility owner to obtain easements prior to all details of a plan of adjustment being developed. In this situation, the district utilities staff should ensure enough details are known to justify the needed right of way, and an agreement for right of way costs only should be executed with the utility owner.&lt;br /&gt;
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For situations where MoDOT will obtain the right of way necessary to allow highway construction, district utility staff should negotiate with the utility owner’s representative to ensure all necessary utility easements are shown on the approved right of way plans. The TPM should confirm with district utilities staff that the right of way plans accurately reflect the needs of the utility owners prior to requesting right of way plan approval. The district Right of Way Manager should confirm with district utilities staff before requesting an acquisition date (A-date). Every effort should be made to avoid adding utility easement requests once negotiations with property owners have begun.&lt;br /&gt;
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Occasionally, when negotiations cannot be completed for easements for the adjustment of utility facilities, it may be necessary to condemn for the property. District utilities staff should coordinate with the utility owner’s representative to ensure no alternate design for the adjustment of the utility facility is practical. The decision to condemn for easements for the adjustment of the utility facilities requires the exercise of good judgment in reaching the conclusion that further good faith negotiations are futile and condemnation is necessary to maintain the project in the scheduled letting. The TPM should coordinate with the district utilities staff and district Right of Way (RW) personnel on the condemnation proceedings.&lt;br /&gt;
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Easement and other right of way documents used with utility owners are handled in accordance with procedures established jointly with RW and district utilities staff. District survey staff prepare the land descriptions for use in utility easements. The district utilities staff is responsible for completion of the easements in the correct form and scope. A sketch delineating the area described is attached to the easement as Exhibit “A”. Communication with the Design Division will ensure use of proper forms, corporate names and locations, and particular wording required for joint ownerships. The description for a utility easement is to be referenced to the nearest land corner shown on the plans. Examples of easements can be found in the template list in [https://netprod3.dot.missouri/eAgreements/Search/QuickSearch eAgreements].&lt;br /&gt;
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In situations where MoDOT is acquiring right of way with existing utility easements, but the district utilities staff and the utility owner’s representative agree that the utility facility may remain in place, the utility owner will release the property to the Commission separate from the right of way acquisition. This is done by executing an Easement for Highway Construction (UT16). The utility owner grants and conveys, with warranty of title expressed or implied, to the Commission, the right to construct, reconstruct, and maintain a highway over and across that portion of the easement owned and held by the utility owner. In the future, the utility owner retains any reimbursable rights should future projects require adjustments to allow highway construction.&lt;br /&gt;
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==643.2.8 Cost Responsibility==&lt;br /&gt;
In addition to determining if a conflict exists between an existing utility facility and a highway improvement project, it is important to determine who is responsible for the costs of the necessary adjustments to allow highway construction. An adjustment for which the Commission is responsible for the costs is known as a reimbursable adjustment. An adjustment for which the Commission is not responsible for the costs is known as a non-reimbursable adjustment. An adjustment for which the Commission and the utility share responsibility for costs is known as a partially reimbursable adjustment. Adjustments determined to be reimbursable or partially reimbursable by the Commission are to be completed under the terms of an agreement executed between the utility owner and the Commission.&lt;br /&gt;
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===643.2.8.1 Commission Responsibility===&lt;br /&gt;
====643.2.8.1.1 Utility Facilities Located on Private Easements====&lt;br /&gt;
When the utility facility is located on a private easement within the new right of way to be acquired for a future project, the Commission is responsible for the cost of the necessary adjustments to allow highway construction. It may be possible that such easement does not have written easement rights. The Commission will honor this oral right provided acceptable documentation is provided by the utility owner to the district utilities staff. An [https://epg.modot.org/forms/general_files/DE/NonwrittenEasementRights_Example.docx example of acceptable documentation for not written easement rights] is available. Other forms of documentation will be considered on an individual basis.&lt;br /&gt;
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=====643.2.8.1.1.1 Future Moves=====&lt;br /&gt;
When the utility facility is located on a private easement, taken into the Commission’s right of way, the Commission may agree that any future moves of the same utility by Commission order may be made at the Commission’s cost. Documentation of this agreement is by an Easement for Highway Construction (UT16) agreement. If the Commission provides a substitute private easement, then the Commission will have future obligations consistent with the utility facility’s status in an easement.&lt;br /&gt;
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====643.2.8.1.2 Utility Facilities Located within Commission Right of Way====&lt;br /&gt;
When the utility facility is located within Commission right of way, but has prior land rights, the Commission is responsible for the cost of adjustments to allow highway construction. The utility owner is responsible for documenting to the satisfaction of the district utilities staff, the basis for the claim of prior land rights within Commission right of way. Time spent researching prior rights is considered coordination and is reimbursable.&lt;br /&gt;
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====643.2.8.1.3 City or County Utility Facilities on City or County Streets====&lt;br /&gt;
When roadway improvements are within the corporate limits of cities, towns, and villages, a municipal agreement is negotiated between the Commission and the municipality. Likewise, when roadway improvements are within the limits of a county and outside the municipal limits, a county agreement is negotiated between the Commission and the County Commission. Included in these agreements are provisions regarding reimbursement for adjusting city or county owned utility facilities. Reimbursement is provided for adjustment of city or county owned utility facilities that are now located on city or county streets and not on Commission right of way.&lt;br /&gt;
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====643.2.8.1.4 Lumen====&lt;br /&gt;
Lumen – National (formerly CenturyLink, Lightcore, or Digital Telephone, Inc. (DTI)) and the Commission have entered into a partnership agreement, “Amended and Restated Fiber Optic Cable on Freeways in Missouri,” executed June 5, 2003 which obligates the Commission to be responsible for the cost of the necessary adjustments to allow highway construction along the routes identified in the agreement. A copy of the agreement is available to district utilities staff.&lt;br /&gt;
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====643.2.8.1.5 Services to the Commission====&lt;br /&gt;
When a utility facility provides a service connection to local Commission facilities such as power to traffic signals, lighting, ITS, and cathodic protection and phone drops to traffic signal controllers or other Commission facilities, the Commission is responsible for the cost of the necessary adjustments to allow highway construction.&lt;br /&gt;
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====643.2.8.1.6 Private Service Lines====&lt;br /&gt;
While most utility owners reconnect the private service lines at no cost to the property owner, some do not. If a utility owner does not reconnect service lines, MoDOT can include adjustment of private service lines in roadway contracts. Bid items for relocating service connections are provided for the different types of anticipated adjustments.&lt;br /&gt;
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====643.2.8.1.7 Second Moves====&lt;br /&gt;
If the Commission requires additional work to a utility facility after the facility has been relocated or adjusted in accordance with a plan of adjustment approved by the Commission for a single project number, the Commission is responsible for the cost of the additional work regardless of whether the initial adjustment was Commission responsibility as outlined in other parts of [[#643.2.8.1_Commission_Responsibility|643.2.8.1]].&lt;br /&gt;
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The purpose of the policy is to encourage utilities to relocate early rather than waiting until plans are published for bidding. The policy eliminates the utility having to relocate twice at its own expense because of late changes in the design. It is best to have utilities relocated prior to construction, and this policy helps achieve that goal. Therefore, it is imperative that the designer notifies district utilities staff as soon as possible of any changes made after these plans have been sent. If notified immediately, it may be possible to inform the utility owner prior to their final design thereby eliminating a second move.&lt;br /&gt;
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Under this policy, the following are not considered second moves. Temporary and staged relocations necessary to accommodate construction and agreed upon by the utility and the Commission prior to relocation are considered a single move and are not subject to the provisions of the second move policy. If the Commission requires adjustment of a utility facility for which the utility owner is responsible for the cost of the adjustment and was originally determined to not need adjustment, the utility owner is responsible for the cost of the adjustment. The utility owner is responsible for the cost of additional work to any portion of the utility facility after the utility facility has been adjusted in accordance with a plan of adjustment approved by the Commission if the additional work is required by the Commission due to error by the utility owner in preparation of plan of adjustment, field location of, or construction of the adjustment of the utility facility.&lt;br /&gt;
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When evaluating construction contract changes by change order or value engineering, the impacts of the second move policy should be considered.&lt;br /&gt;
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===643.2.8.2 Utility Owner Responsibility===&lt;br /&gt;
====643.2.8.2.1 Utility Facilities Owned and Operated by a Political Subdivision====&lt;br /&gt;
When a utility facility is located within Commission right of way, but does not have prior land rights, the utility owner is responsible for the cost of the necessary adjustments to allow highway construction. When a utility facility is located on public right of way other than Commission right of way, the utility owner is responsible for the cost of the necessary adjustments to allow highway construction.&lt;br /&gt;
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When a political subdivision must bear part or all the cost of adjustments to their utility facilities, and the cost creates a financial hardship, the Commission, by its authorized representative, the Chief Engineer, may temporarily assume these costs. A payback agreement with the political subdivision will include an applicable interest rate for a comparable maturity from a widely published index of tax-exempt municipal rates obtained from Financial Services. Payback time will not exceed five (5) years.&lt;br /&gt;
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====643.2.8.2.2 Utility Facilities Other Than Those Owned by a Political Subdivision====&lt;br /&gt;
When a utility facility is on the right of way of a public road or street or on state highway right of way without prior land rights and adjustment is necessary to allow for the construction of a roadway improvement, the utility owner is responsible for the cost of the necessary adjustments to allow highway construction.&lt;br /&gt;
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===643.2.8.3 Shared Responsibility===&lt;br /&gt;
When a utility facility is located such that portions of it are a Commission responsibility and portions of it are a utility owner responsibility by the definitions above, the costs of the necessary adjustments to allow highway construction will be split by the Commission and the utility owner. If the exact cost for each party can be determined, each party will be responsible for their portion of the cost of relocating the utility facility. If the exact cost for each party cannot be determined, the parties will arrive at a percentage reimbursement on an equitable basis.&lt;br /&gt;
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===643.2.8.4 Notice of Hearing===&lt;br /&gt;
When relocation or other difficulties with utility facilities on public right of way arise that prevent resolution by negotiation, formal hearings will be required.&lt;br /&gt;
&lt;br /&gt;
The district initiates a request for a utility relocation hearing with a letter to the Chief Counsel’s Office (CCO) (a copy is provided to the Design Division) requesting a hearing date. CCO will arrange for a hearing room, court reporter, etc. and advise the district of the hearing date.&lt;br /&gt;
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The district will prepare the notice of hearing by strictly following the given format and serve the notice on all persons and utility owners listed. The property and utility owner must be served only by personal service or by mailing a certified letter, return receipt requested, no later than 15 days before the date of hearing. This will require the district to make every effort to identify the correct property owner before preparing the notice of hearing. To avoid delays, every attempt will be made to issue the hearing notice at least 30 days prior to the hearing date in case any property has changed ownership and any additional property owners must be served. A notice of hearing on service line connections will also be served on the private or public owner of the main or distribution line to which the service lines are connected. A notarized &amp;quot;[https://epg.modot.org/forms/general_files/DE/ReportOnPersonalService.docx Report of Personal Service]&amp;quot; will be completed when notification by certified mail is not used.&lt;br /&gt;
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One copy of the hearing notice and attachments, &amp;quot;[https://epg.modot.org/forms/general_files/DE/ReportOnPersonalService.docx Report of Personal Service]&amp;quot; and certified mail notices are to be submitted to CCO after notification is complete.&lt;br /&gt;
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Prior to the hearing, the district&#039;s representative will become familiar with the details of the utility adjustment in order to provide concise testimony to expedite the hearing process. CCO will assign an attorney to work with the district and present the case.&lt;br /&gt;
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Refer to 7 CSR 10-3.030 020 Utility Relocation Hearings for additional information.&lt;br /&gt;
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A Waiver of Hearing should be obtained for non-reimbursable adjustments to document the commitment of the utility owner to adjust its utility facilities without adversely impacting the highway construction project. This may be accomplished informally via written communications between the district utilities staff and the utility owner’s representative. A [https://epg.modot.org/forms/general_files/DE/WaiverOfHearingForm.docx formal Waiver of Hearing statement] may be requested by either MoDOT or the utility owner. A [https://epg.modot.org/forms/general_files/DE/WaiverOfHearingLetter.docx sample transmittal letter for the Waiver of Hearing] is available. For reimbursable or partially reimbursable adjustments, the formal agreement serves as the basis of documentation of this commitment.&lt;br /&gt;
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==643.2.9 Estimates==&lt;br /&gt;
District utilities staff will negotiate with utility owners to determine reimbursable costs of the necessary adjustments to allow highway construction ([[#643.2.8_Cost_Responsibility|EPG 643.2.8 Cost Responsibility]]). These estimates are prepared in accordance with the provisions of 23 CFR 645 and any amendment thereto. These estimates must reflect the same procedures and costs used by the utility owners in their normal operations and must also accurately represent the expected costs of the work. The utility owner’s estimate will be reviewed by the district utilities staff to ensure compliance with 23 CFR 645.&lt;br /&gt;
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===643.2.9.1 Independent Cost Estimate===&lt;br /&gt;
The independent cost estimate provides the basis for district utilities staff to review the utility owner’s estimate of costs of the necessary utility adjustments to allow highway construction and any subsequent negotiations with the utility owner. The district utilities staff should prepare an independent cost estimate. The independent cost estimate may be based on unit prices of anticipated items of work in a utility adjustment necessary to allow highway construction. The independent cost estimate alternately may be based on recent similar types of utility adjustments necessary to allow highway construction and scaled for size. Consultants can be used to develop the independent cost estimate. All documentation of the independent cost estimate should be placed in MoProjects.&lt;br /&gt;
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===643.2.9.2 Type of Project Cost Estimates===&lt;br /&gt;
Either Actual Cost or Lump Sum estimates may be used for estimating the costs on the necessary utility adjustments to allow highway construction. If an Actual Cost estimate is used, detailed records of materials, labor, and equipment are made by district utilities and/or construction staff during construction, and a final audit of the utility owner’s cost records is made to determine the Commission’s actual responsibility for costs of the adjustment completed to allow highway construction. If a Lump Sum estimate is used, a final audit of costs for an adjustment in payment is not required. The Actual Cost method requires more detailed record keeping and documentation by the utility owner and district staff during construction. The Lump Sum method requires more upfront detail and work by the utility owner and judgment on the district utilities staff on the acceptability of the cost. The district utilities staff will work with the utility owner’s representative to determine the best type of estimate and therefore agreement to use.&lt;br /&gt;
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====643.2.9.2.1 Actual Cost Estimate====&lt;br /&gt;
The cost estimate that supports the actual cost agreement is prepared in sufficient detail to determine the reasonable expected cost of the work to support development of an agreement between the utility owner and the Commission. However, reimbursement is based on the actual costs of design and construction of the necessary adjustment to allow highway construction. The [https://epg.modot.org/forms/general_files/DE/ActualCostCostEstimate_Example.docx actual cost estimate] should detail all costs of the necessary adjustment to allow highway construction, even if the Commission is only responsible for a portion of the costs as detailed in EPG [[#643.2.8.3_Shared_Responsibility|643.2.8.3 Shared Responsibility]].&lt;br /&gt;
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[https://epg.modot.org/forms/general_files/DE/ActualCostCostEstimate_Example.docx Actual cost estimates] can be used for any dollar amount of reimbursement.&lt;br /&gt;
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====643.2.9.2.2 Lump Sum Estimates====&lt;br /&gt;
The cost estimate that supports the lump sum agreement must be accurate, comprehensive, verifiable, and in sufficient detail to present a clear picture of the work involved and the cost of the individual items. The estimate may cover only that portion of the adjustment for which the Commission is responsible for the costs of the necessary utility adjustments to allow highway construction.&lt;br /&gt;
[https://epg.modot.org/forms/general_files/DE/LumpSumCostEstimate_Example.docx Lump sum estimates] are limited to a maximum of $200,000 of Commission responsibility of costs of the necessary utility adjustments to allow highway construction; however, exceptions may be made for special situations that have prior approval from Design Division. These exceptions usually cover major relocations for which the Commission&#039;s proportionate responsibility is extremely small.&lt;br /&gt;
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===643.2.9.3 Utility Cost Estimate Requirements===&lt;br /&gt;
Whether using an Actual Cost or Lump Sum estimate, the following should be included in the estimate, if applicable. If any of the following sections are not included in the estimate, a qualifying statement as to why the costs were not included should be provided.&lt;br /&gt;
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====643.2.9.3.1 Scope of Work====&lt;br /&gt;
All estimates require a concise summary of the work to be performed on the estimate. An example is &amp;quot;an estimate of cost covering the work of relocating Company&#039;s 12-inch Cushing-Woodriver pipeline to accommodate construction of Route 47 in Franklin County on Job No. J6P0172&amp;quot;.&lt;br /&gt;
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====643.2.9.3.2 Engineering Costs====&lt;br /&gt;
Costs of engineering, whether preliminary or construction, must be shown as separate items and are not to be included with &amp;quot;labor costs&amp;quot;. Concurrent cost accounting procedures of FHWA and MoDOT make this a necessity. See [[#643.2.6_Preliminary_Engineering_Requirements|EPG 643.2.6 Preliminary Engineering]] and [[#643.2.16.2_Construction_Contract_Requirements|EPG 643.2.16.2 Construction Contract Requirements]] for further information.&lt;br /&gt;
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====643.2.9.3.3 Right of Way Costs====&lt;br /&gt;
A detailed estimate of the cost to acquire replacement easements by the utility owner is required. The cost should be supported by a right of way plan.&lt;br /&gt;
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====643.2.9.3.4 Material Costs====&lt;br /&gt;
Quantities, description of the item, the unit cost, and the extended totals are shown. Percentage computations will be shown immediately following &amp;quot;total cost&amp;quot; so the utility owner’s and Commission&#039;s cost obligations are properly indicated. Unit assembly costs similar to those used by several of the rural electric association (R.E.A.) cooperatives are acceptable, provided the same units and charges are used in the utility owner’s regular operations. A handling charge conforming with the utility owner’s regular procedures may also be included.&lt;br /&gt;
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====643.2.9.3.5 Labor Costs====&lt;br /&gt;
Hours, individual or crew rates, and extended totals are shown. Payroll additives such as insurance, retirement, social security, vacation, and other benefits are shown as a separate item under this heading in accordance with utility owner’s regular procedures. Adequate explanation must be given for total percentage used, especially in those cases where materials and labor are combined as unit costs or where labor percentages include additives and equipment requirements.&lt;br /&gt;
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====643.2.9.3.6 Equipment Costs====&lt;br /&gt;
A description of the equipment to be used must be shown jointly with the number of hours to be charged. Rates charged for equipment usage must be justified by the utility owner’s established accounting procedures. When the utility owner does not have an established accounting procedure or a capitalization and depreciation schedule that is used in its own operations, the rates are to be established by using rental rate publications as a guide. A reasonable amount will be deducted, when using rental rate schedules, for profit that the rental company realizes. A full explanation of the methods used in establishing the rates must also be submitted to support the utility owner’s request and with approval of the district utilities staff.&lt;br /&gt;
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Equipment may be rented when the utility owner’s equipment is not available or is inadequate, with the rental rate justified by appropriate solicitation of bids. See [[#643.2.16.2_Construction_Contract_Requirements|EPG 643.16.2 Construction Contract Requirements]] for further information.&lt;br /&gt;
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Unusual accounting procedures may be accepted with adequate prior explanations and approval of the Design Division.&lt;br /&gt;
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====643.2.9.3.7 Removal Costs====&lt;br /&gt;
These costs are estimated and shown in a similar method but separately from installation costs. When removal costs exceed salvage credits by more than the estimated cost of removal by the roadway contractor, an effort should be made to persuade the utility owner to abandon the utility facilities in place. An exception is made when the utility owner is required to remove abandoned utility facilities because of liability, hazard, or by specific agreement with the Commission. Abandoned utility facilities can be included with the miscellaneous removals in the roadway contract. It may be possible for the utility owner to remove those portions of the utility facility for which credits will exceed removal costs, with the remainder of the utility facility to be abandoned for removal in the roadway contract. Materials removed must be itemized, with the utility owner’s customary salvage credit given. Items to be scrapped or junked should be indicated. Whenever a utility facility or portion thereof is shown to be abandoned on the plan of adjustment, the roadway plans should be notated accordingly. This eliminates ownership problems if these utility facilities are removed or salvaged by the roadway contractor.&lt;br /&gt;
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When the utility facility is no longer needed and removal is necessary to accommodate the roadway project, the removal of the item may be handled either as a right-of way-item or a utility adjustment. When handled as a right of way item, the damages allowed are to equal the depreciated value of the utility facility, with the necessary removals being accomplished by the roadway contractor. If accomplished as a utility adjustment, the Commission, by utility agreement, will reimburse the utility owner for removal costs and receive salvage credit for the material removed, up to but not exceeding removal costs.&lt;br /&gt;
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====643.2.9.3.8 Salvage of Removed Materials====&lt;br /&gt;
This statement, to explain the salvage credit or lack of credit, will reflect routine utility owner policy as well as the particular situation. The utility owner will place a value on any recovered material for salvage. District utilities staff should check this value for reasonableness. Examples of salvage statements include:&lt;br /&gt;
* Existing utility facilities to be abandoned in place, since the cost of salvaging, based on our past experience, will exceed their value.&lt;br /&gt;
* Only those items will be salvaged for which salvage credit will exceed the cost of removal and salvage.&lt;br /&gt;
* Company liability requires removal of the retired utility facilities, even though the cost of removal will exceed allowable credit for salvage.&lt;br /&gt;
* Salvage credits are in accordance with established company accounting procedures.&lt;br /&gt;
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====643.2.9.3.9 Accrued Depreciation Credits====&lt;br /&gt;
Credit is required for the accrued depreciation of a utility facility that is being replaced. Examples are a building, structure, pumping station, filtration plant, power plant, substation, or other similar operational unit. Credit for accrued depreciation will not be required for a segment of the utility&#039;s service, distribution, or transmission lines. It is also not required when the building or structure is being moved as necessitated by the highway project. Acceptable accrued depreciation credit will be determined by using the following formula:&lt;br /&gt;
:&amp;lt;math&amp;gt;\frac{Actual \; Length \; of \; Service \; of \; Replaced \; Facility \; (Years)}{Total \; Estimated \;  Service \; Life \; of \; Replaced \; Facility \; (Years)} \times Original \; Cost \; (\$) = Credit&amp;lt;/math&amp;gt;&lt;br /&gt;
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====643.2.9.3.10 Betterment Credits====&lt;br /&gt;
Betterment means the upgrading of the utility facility being relocated, made solely for the benefit of and at the election of the utility owner and is not attributable to the roadway improvement. Credit to the Commission is required for the additional costs incurred for the betterments introduced in the adjusted utility facility. No betterment credit is required for additions or improvements which are:&lt;br /&gt;
* Required by the highway project&lt;br /&gt;
* Replacement devices or materials that are of equivalent standards although not identical&lt;br /&gt;
* Replacement of devices or materials no longer regularly manufactured with next highest grade or size&lt;br /&gt;
* Required by law under governmental and appropriate regulatory commission code&lt;br /&gt;
* Required by current design practices regularly followed by the utility owner in its own work, and there is a direct benefit to the highway project&lt;br /&gt;
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====643.2.9.3.11 Overhead Costs====&lt;br /&gt;
Overhead costs are usually a percentage of the total labor cost. This item must be in accordance with the utility owner’s established accounting procedures, which in some cases may include handling costs or be a percentage of the total cost of the work involved. Additional attention to overhead costs is required when the rate is different from previously accepted rates. Occasionally, it can be difficult to obtain the necessary information at the time of the estimate to approve the overhead rates. In this situation, the estimate can be approved with exception of the overhead rates for payment. The utility owner is informed of this matter with the understanding that the overhead rates could be approved and paid with submission of appropriate supporting data and Financial Services audit review.&lt;br /&gt;
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====643.2.9.3.12 Prorating Costs====&lt;br /&gt;
The need for prorating utility adjustment costs occurs when both the Commission and the utility owner are responsible for a portion of the utility adjustment necessary to allow for highway construction, and the actual costs for reimbursement in each category cannot be explicitly determined. Generally, the following conditions require division of costs:&lt;br /&gt;
* The adjustment is considered partially reimbursable per [[#643.2.8.3_Shared_Responsibility|EPG 643.2.8.3 Shared Responsibility]]&lt;br /&gt;
* Betterments are included in the necessary adjustment of the utility facility&lt;br /&gt;
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The district utilities staff should negotiate with the utility owner’s representative to determine an equitable basis for the prorating of costs based on the characteristics of the utility adjustment necessary to allow for highway construction.&lt;br /&gt;
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====643.2.9.3.13 Costs Records====&lt;br /&gt;
The estimate should include a statement as to where the utility owner’s cost records may be reviewed. An example: &amp;quot;Company cost records will be available in our office at 2134 Industrial Avenue, Tulsa, Oklahoma&amp;quot;.&lt;br /&gt;
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====643.2.9.3.14 Other====&lt;br /&gt;
Additional statements will explain or further clarify the work that is included. Such other items may include bypasses, special equipment, need for larger utility facilities, etc.&lt;br /&gt;
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==643.2.10 Schedule==&lt;br /&gt;
Timely adjustments of utility facilities are essential for efficient completion of highway construction projects. Ideally, all utility adjustments are completed prior to a project’s Plans, Specifications, and Estimate (PS&amp;amp;E) submittal to Central Office. Depending on the specifics of the highway construction and utility adjustment necessary, early completion of the utility adjustment may not be practical. The district utilities staff should negotiate with the utility owner to determine the schedule parameters necessary for the utility adjustment. At a minimum, the utility owner should document the dates it anticipates starting and completing the work. If a utility adjustment depends upon the completion of a portion of the highway construction, the necessary milestone for starting the utility adjustment should be documented along with an anticipated number of working days to complete the utility adjustment. The schedule is included as Exhibit “C” to the agreement.&lt;br /&gt;
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==643.2.11 Pre-Audits==&lt;br /&gt;
The district utility staff performs a pre-audit review and approval prior to preparation of the agreement. A [https://epg.modot.org/forms/general_files/DE/PreAuditChecklist.docx pre-audit checklist] should be completed and saved in MoProjects.&lt;br /&gt;
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==643.2.12 Utility Agreements==&lt;br /&gt;
Whenever the Commission is responsible for the cost of the necessary adjustments to allow highway construction, an agreement is required. If a Master Reimbursable Utility Agreement (see [[#643.2.12.2_Master_Reimbursable_Utility_Agreements|EPG 643.2.12.2]]) has not been executed with the utility owner, a Project Specific Agreement (see [[#643.2.12.3_Project_Specific_Agreements|EPG 643.2.12.3]]) is executed between the utility owner and the Commission. In some cases, it may be more practical for the Commission to include adjustment of utilities into a Commission administered contract. A Utility Agreement - Actual Cost (For Utility Work That is to be Included in the Missouri Highways and Transportation Commission&#039;s Road Project) (see [[#643.2.12.4_Agreement_for_Utility_Work_Included_in_Roadway_Improvement_Project|EPG 643.2.12.4]]). Agreements include a plan of adjustment (Exhibit “A”), cost estimate (Exhibit “B”), and schedule (Exhibit “C”).&lt;br /&gt;
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The Utility Agreement boilerplate forms have been approved by the Chief Counsel’s Office (CCO). They are identified in the upper left-hand corner of each agreement by an identifier such as CCO Form: UT01 for the Master Reimbursable Utility Agreement. CCO updates these agreements as necessary. They serve as a guide in the preparation of the agreement to be executed with the utility owner for the adjustments required to their utility facilities to accommodate the proposed roadway improvement project. District utilities staff should use the latest version of the agreement found in [https://netprod3.dot.missouri/eAgreements/Search/QuickSearch eAgreements] in drafting an agreement with utility owners. A list of utility agreements and detailed information concerning the sequence for preparing and executing an agreement is available in  [[:Category:153_Agreements_and_Contracts|EPG 153 Agreements and Contracts]].&lt;br /&gt;
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These forms are to be used word for word. Revisions or additions are only made to address specific project details. The intent of each paragraph must be retained, although specific words may be revised to fit the particular situation. No paragraphs are deleted without prior approval from CCO. For guidance on acceptance of liability, refer to the [[:Category:153_Agreements_and_Contracts#153.1.1.2_Acceptance_of_Liability_Policy_(MoDOT_Access_Only)|Acceptance of Liability Policy]] at the CCO SharePoint page. Drafts of agreements having major revisions or complications are to be submitted, with supporting data, to Design Division for comment and approval.&lt;br /&gt;
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A reference to 23 CFR 645 is included in all agreements. Utility owners must be acquainted with these requirements and procedures. The incorporation of 23 CFR 645 by reference in all agreements eliminates the need for a second set of regulations to be included in the document.&lt;br /&gt;
&lt;br /&gt;
The agreement for the adjustment of a utility is prepared by the district utilities staff and submitted to the utility owner for execution. The agreement is based on the plan, estimate of cost which was prepared in accordance with 23 CFR 645, and schedule. Authorized individuals representing the utility owner will execute the agreement. The agreement must be signed, sealed, and if necessary, notarized by the utility owner. If the utility owner does not have or use a corporate seal, write &amp;quot;NO SEAL&amp;quot; under the signatures of the owner’s officers. Agreements with political subdivisions are to be supported by an appropriate ordinance, a copy of which is to be submitted with the executed agreements. All copies will be forwarded to the CCO for further handling. A fully executed copy of the agreement will be retained in eAgreements. If the agreement was executed using electronic signatures, the district utilities staff should forward an electronic copy of the fully executed agreement to the utility owner. If the agreement was executed using wet signatures, one (1) paper copy of the fully executed agreement will be returned by the Commission Secretary’s Office to the district utilities staff. The district utilities staff will forward this copy to the utility owner.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.1 Buy America Build America Requirements===&lt;br /&gt;
All agreements contain information on Buy America Build America (BABA) compliance. The utility owner should select the method of certification (See [[#643.2.19_Buy_America_Build_America_for_Utilities|EPG 643.2.19]]) at the time of agreement completion. The appropriate paragraph will be inserted into the agreement. All BABA compliance documents must be retained by the utility owner and made available upon request at no cost to the Commission and/or FHWA.&lt;br /&gt;
&lt;br /&gt;
====643.2.12.1.1 Utility Owner Self-Certification====&lt;br /&gt;
The City/Company certifies that when determining products/materials subject to Buy America Build America requirements to use in the performance of this Agreement, it shall use only such products/materials for which it has received a certification from its supplier, or provider of construction services that procures the product/material, certifying compliance with Buy America Build America requirements. This does not include products/materials for which waivers have been granted pursuant to 23 CFR 635.410. The City/Company will not be required to provide the Commission copies of the supplier certification as part of this Agreement or with the final invoice of said Commission’s Federal-Aid Highway Construction Project.&lt;br /&gt;
&lt;br /&gt;
====643.2.12.1.2 Vendor/Manufacturer Certification====&lt;br /&gt;
The City/Company certifies that when determining products/materials subject to Buy America Build America requirements to use in the performance of this Agreement, it shall use only such products/materials for which it has received a certification from its supplier, or provider of construction services that procures the product/material, certifying compliance with Buy America Build America requirements. This does not include products/materials for which waivers have been granted pursuant to 23 CFR 635.410. The City/Company shall provide to the Commission all Buy America compliance documents as outlined in the Commission’s Engineering Policy Guide 643. All required compliance documents shall accompany the final invoice submitted to the Commission.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.2 Master Reimbursable Utility Agreements===&lt;br /&gt;
The UT01: Master Reimbursable Utility Agreement (MRUA) is a statewide agreement that has been executed by the utility owner and the Commission for all future reimbursable utility adjustments between both parties. Once a MRUA is executed, no other utility agreements are required on design-bid-build projects. The district utilities staff should encourage utility owners to enter into a MRUA with the Commission to reduce potential future delays in executing a project specific agreement. A list of previously executed [https://modotgov.sharepoint.com/sites/DE/Utilities/Agreements/MRUA%20-%20Existing?csf=1&amp;amp;web=1&amp;amp;e=4LJHoa Master Reimbursable Utility Agreements (Modot Access Only)] is available. District utilities staff should add newly executed agreements to this list. The MRUA can be employed as either an actual cost ([[#643.2.12.3.1_Actual_Cost_Agreements|EPG 643.2.12.3.1]]) or lump sum ([[#643.2.12.3.2_Lump_Sum_Agreements|EPG 643.2.12.3.2]]) agreement. When the reimbursable adjustment will utilize a MRUA, the district utilities staff will prepare a MRUA correspondence letter (“letter agreement”) referencing the executed MRUA. A copy of the MRUA correspondence letter should be saved in MoProjects for reference by Financial Services, the district construction office, and the district staff responsible for inspection of utility adjustments. All project specific items such as type of agreement (actual cost or lump sum), plan of adjustment, estimated total cost, cost allocation, and schedule are addressed in the MRUA correspondence letter from the district utilities staff to the utility owner. A [https://epg.modot.org/forms/general_files/DE/flowchart.pdf flowchart of the MRUA process] is available.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.3 Project Specific Agreements===&lt;br /&gt;
If a utility owner does not have a MRUA with the Commission, a project specific agreement will be required for every project for which the Commission is responsible for the necessary adjustments to allow highway construction. The project specific agreement will be either an actual cost ([[#643.2.12.3.1_Actual_Cost_Agreements|EPG 643.2.12.3.1]]) or lump sum ([[#643.2.12.3.2_Lump_Sum_Agreements|EPG 643.2.12.3.2]]) agreement.&lt;br /&gt;
&lt;br /&gt;
====643.2.12.3.1 Actual Cost Agreements====&lt;br /&gt;
The UT03: Utility Agreement – Actual Cost is used when detailed estimates are not practical or costs appear to be questionable. Details on actual cost estimates can be found at [[#643.2.9.2.1_Actual_Cost_Estimate|EPG 643.2.9.2.1 Actual Cost Estimates]]. Once the final invoice on a UT03 is submitted to Financial Services, district utilities staff should change the status on the agreement in eAgreements to completed.&lt;br /&gt;
&lt;br /&gt;
====643.2.12.3.2 Lump Sum Agreements====&lt;br /&gt;
The UT02: Utility Agreement – Lump Sum eliminates the need for keeping detailed records of cost and the auditing of cost records. Estimates of cost must be prepared in detail for use of this agreement. When detailed estimates are not practical or costs appear unreasonable, actual cost agreements are to be used. Use of special forms of agreements, such as &amp;quot;subordination agreements&amp;quot;, which are desired by certain utility owners, is acceptable. These, too, must be revised to cover the particular situation. Details on lump sum estimates can be found at [[#643.2.9.2.2_Lump_Sum_Estimates|EPG 643.2.9.2.2 Lump Sum Estimates]]. Once the final invoice on a UT02 is submitted to Financial Services, district utilities staff should change the status on the agreement in eAgreements to “completed”.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.4 Agreement for Utility Work Included in Roadway Improvement Project===&lt;br /&gt;
The UT04: Utility Agreement - Actual Cost (For Utility Work That is to be Included in the Missouri Highways and Transportation Commission&#039;s Road Project) allows for the adjustment to be based on actual cost with the roadway contractor performing the utility work. Caution should be exercised in the type of utilities to be relocated in roadway contracts. Utilities recommended are waterlines and sewer lines. Other utilities, such as gas lines, communication lines, and power lines are to be studied thoroughly before being included in the project.&lt;br /&gt;
&lt;br /&gt;
The Transportation Project Manager and district utilities staff must plan ahead to get this work in the roadway contract. The utility owner must agree to include the utility adjustment in the roadway contract. The adjustment may be on highway right of way or on private easement in the name of the utility owner. The utility owner can agree to allow MoDOT’s contractor to work in its easement. However, district utilities staff in consultation with district right of way staff should review the easement documentation to verify the utility owner’s rights to the easement and any limitations on its use. MoDOT’s contractor can work and operate on both Commission right of way and on the utility easement, even when not directly connected to the Commission right of way, as part of the job site. Temporary construction easements may be necessary in addition to the utility easement to ensure adequate working room for the contractor.&lt;br /&gt;
&lt;br /&gt;
:The utility owner may request exemption to any liability for negligence of our contractor working on their easement. The Commission can assume that liability (refer to [[:Category:153_Agreements_and_Contracts#153.1.1.2_Acceptance_of_Liability_Policy_(MoDOT_Access_Only)|Acceptance of Liability Policy]]), but it should be included in the utility agreement if so desired by the utility owner. A Job Special Provision is necessary to require the MoDOT contractor to hold the utility harmless from all claims due to contractor negligence.&lt;br /&gt;
&lt;br /&gt;
Subsurface information, i.e. boring data, etc., should be obtained by the utility owner since it may be needed for the design of the utility adjustment. This information should be included in the plans. If the utility owner must bear all or part of the cost of the adjustment, the utility owner must agree to pay a pre-deposit to the Commission prior to opening bids on the project. This should be in the utility agreement. The pre-deposit will be credited to the &amp;quot;Missouri Highway and Transportation Commission - Local Fund.&amp;quot; Any interest earned in the fund will apply to the cost of the adjustments. The utility agreement will include language that the utility will inspect the installation and assume maintenance of the utility facility after construction. MoDOT will also provide engineering supervision to be sure the road contractor is in compliance with the contract. Utility plans and specifications are to be approved by the owner prior to submittal to the Central Office. The following items will provide minimum information to allow MoDOT’s contractor to bid the work.&lt;br /&gt;
# Individual bid items (not &amp;quot;lump sum&amp;quot;) should be established to promote better bidding and to handle overruns and underruns. Bid items not included on the Computer Stored Bid Item list should be &amp;quot;99&amp;quot; numbers.&lt;br /&gt;
# he bid package must be in our letting format. If the package was prepared by a consultant as if the utility owner were going to let it, all bid bond or bidding procedures must be screened to remove requirements contrary to MoDOT letting requirements. District utilities staff should work with the Transportation Project Manager, Design Liaison Engineer, and Central Office Bidding and Contract Services to ensure this requirement is met.&lt;br /&gt;
# The specifications required by the utility owner should be reviewed for items that could cause a bid problem for our contractor. Items such as non-readily available materials or sizes should be avoided.&lt;br /&gt;
# Utility plan sheets should be .pdf files equivalent to 22 in. x 34 in. It is helpful to have a quantity sheet specifically for utility items.&lt;br /&gt;
# Any special procedures required for the utility installation should be included in the Job Special Provisions.&lt;br /&gt;
# The utility package should be submitted on-time to Central Office with other project plans.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.5 Agreement for a Utility Only Project===&lt;br /&gt;
Any of the above agreements can be modified for a utility only project separate from the roadway project. The utility only project may be done by forces hired by the utility owner or by the Commission. A separate utility only project has distinct advantages when the following occurs:&lt;br /&gt;
* The utility work is extensive&lt;br /&gt;
* It must be performed in accordance with the utility owner’s seasonal requirements&lt;br /&gt;
* It extends beyond the limits of the construction project&lt;br /&gt;
* It must be performed considerably in advance of the roadway contract&lt;br /&gt;
&lt;br /&gt;
Necessary environmental and design work is still required for the limits of the separate utility only project. It may be necessary in these cases to have a second agreement with the utility owner to cover any other work that must be performed concurrently with the roadway contract. These latter agreements will use the roadway construction job number. Early need for utility projects is to be determined at the time when the STIP is updated each year. The utility construction funds will be shown in the year right of way funds are assigned. This will be done whenever possible to secure early adjustment of utility facilities. A request by the district is sent to the Planning Division. Estimated dollar amounts for utility adjustments are needed. These are estimates and do not need to be extremely accurate. When a special utility project is established, it is preferred, if at all possible, to include all the utility adjustments necessary for the entire roadway project. If funds are available, additional agreements can be added to this utility project until the final invoice for the first completed agreement is received for payment.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.6 Supplemental Agreements===&lt;br /&gt;
For utility owners with a UT01 agreement, a supplemental letter agreement documenting the change in the scope or cost of the work is acceptable.&lt;br /&gt;
&lt;br /&gt;
The UT05: First Supplemental Agreement is used to document changes to UT02 and UT03 agreements. If changes to the scope of work occur that are anticipated to exceed $100,000 or 15% of the original agreement, a UT05 is required. If the final invoice on an actual cost adjustment without changes in the scope of work exceeds the limits shown in the table below, a UT05 is required.&lt;br /&gt;
&lt;br /&gt;
{| class=&amp;quot;wikitable&amp;quot; style=&amp;quot;margin-left: 25px; text-align:center&amp;quot;&lt;br /&gt;
! Amount in Original Actual Agreement !! Final Bill Total Exceeds Original Amount by:&lt;br /&gt;
|-&lt;br /&gt;
| 0-$25,000 || 50%&lt;br /&gt;
|-&lt;br /&gt;
| $25,000-$100,000 || 40%&lt;br /&gt;
|-	&lt;br /&gt;
| Exceeds $100,000 || 30%&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
Should multiple UT05s be required with the same utility owner, the UT05 should be modified for additional supplemental agreements. Once the final invoice on an UT05 is submitted to Financial Services, district utilities staff should change the status on the agreement in eAgreements to “completed”.&lt;br /&gt;
&lt;br /&gt;
==643.2.13 Utility Adjustments in Roadway Plans and Job Special Provisions (JSPs)==&lt;br /&gt;
It is the responsibility of the MoDOT Transportation Project Manager (TPM) to ensure utility plans of adjustment are shown on the project plans at the Plan, Specification, and Estimate (PS&amp;amp;E) stage based upon information coordinated by the district utilities staff with the appropriate utility owner.&lt;br /&gt;
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===643.2.13.1 Plans===&lt;br /&gt;
A legend showing all applicable utility symbols and the names of the utility owners is shown on the first special utility sheet. In the absence of special utility sheets, this information may be shown on the title sheet or the first plan and profile sheet. The following note is required to be placed on the title sheet or the first plan and profile sheet and the first special utility sheet (if used) to inform contractors of the suitability of the utility information contained on the plans.&lt;br /&gt;
&lt;br /&gt;
&amp;quot;The existence and approximate location of utility facilities known to exist, as shown on the plans, are based on the best information available to the Commission at this time. This information is provided by the Commission &amp;quot;as-is&amp;quot; and the Commission expressly disclaims any representation or warranty as to the completeness, accuracy, or suitability of the information for any use. Reliance upon this information is done at the risk and peril of the user, and the Commission shall not be liable for any damages that may arise from any error in the information&amp;quot;.&lt;br /&gt;
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===643.2.13.2 Job Special Provisions===&lt;br /&gt;
Since the addition of utility information on the plans, supplied by a third party, could subject the Missouri Highway and Transportation Commission to additional liability, a Utility JSP reflecting the status of utility adjustments will be required. The JSP will include the name, address, e-mail address, and telephone number of all utility owner representatives for all utility facilities located on the project. The anticipated adjustment completion date for each utility adjustment is also to be shown based on the agreed upon dates, durations, or completion dates with the utility owner’s representative. This information will inform the bidder of the status of utilities for proper work coordination that could affect the bids for the proposed highway construction project. Status notations will include general notations such as: “N/A”, “Work is in progress”, “Work has not started”, “Work is complete”, and “Work is included in contract.”&lt;br /&gt;
&lt;br /&gt;
===643.2.13.3 PS&amp;amp;E Submittal===&lt;br /&gt;
In the District Final Plans Submittal Checklist (D-12), the TPM should note any issues related to existing utility facilities or the adjustment of utility facilities either shown or not shown on the plans. Projects with “No Utility Impacts” such as some overlays, striping, bridge washing, etc. do not need a Utility Status Letter or Utility JSP. The D-12 is used for these projects. In the D-12, under Project Details – “Utilities”, the note “NO” is selected and under “Status”, select “Clear”. For all other projects, the district utilities staff will write a [https://epg.modot.org/forms/general_files/DE/utilitystatusletter Utility Status Letter]. The TPM will include the Utility Status Letter with the submittal of the final plans to the Design Division. The Utility Status will be defined as:&lt;br /&gt;
# Utility facilities are present, but no conflict is anticipated with the highway construction project. Or,&lt;br /&gt;
# All utility facilities requiring adjustment to allow highway construction have been physically adjusted on the project. Or,&lt;br /&gt;
# Utility construction work is planned or active and will be completed to such a point that no impact will be expected to the highway construction project. The status of this work is defined in the utility JSP. Or,&lt;br /&gt;
# Utility facilities are not expected to be adjusted by the notice to proceed date for the road project, but the utility work will have no impact on the progress of the highway construction project. The status of this work is defined in the utility JSP. Or,&lt;br /&gt;
# Utility facilities must be adjusted after the road contractor completes stage construction or in coordination with the contractors’ work. Details of the coordination effort required of the contractor are defined in the utility JSP to properly advise bidders. Or,&lt;br /&gt;
&lt;br /&gt;
# Utility adjustment plans and specifications are included in the bid documents for the highway construction project. A UT04 agreement must be executed.&lt;br /&gt;
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==643.2.14 Payment to Utility Companies for Reimbursable Work==&lt;br /&gt;
Authorization and federal funding obligation must be approved prior to incurring costs. This applies to all types of work on utility facilities including preliminary engineering. An obligation is a commitment by the federal government to reimburse MoDOT for the federal share of a project’s eligible cost.&lt;br /&gt;
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===643.2.14.1 Obligation Process===&lt;br /&gt;
Federal funding can be used with both lump sum and actual cost agreements. After the utility agreement is fully executed, the district utilities staff will email a copy of the utility agreement or the letter agreement referencing the MRUA to the email group OBLIGATE. This email should request the authorization authority for use of federal funds and to be informed of a Notice to Proceed (NTP) (see [[#643.2.15_Notice_to_Proceed|EPG 643.2.15]]) date by Financial Services once federal funding has been obligated. District utilities staff should allow three (3) weeks to receive the NTP. Financial Services will use Advance Construction (AC) funding to fund reimbursement to utility owners. With AC funding, state funds initially are used to pay for reimbursement to utility owners. Once construction is complete, with appropriate documentation of the work via the [https://epg.modot.org/forms/general_files/DE/C-9.docx C-9] and [https://epg.modot.org/forms/general_files/DE/C-13.docx C-13], Financial Services will convert to federal funding.&lt;br /&gt;
&lt;br /&gt;
===643.2.14.2 Preliminary Engineering===&lt;br /&gt;
On occasion, preliminary engineering (PE) may need to be undertaken by the utility owner prior to the execution of a utility agreement. If a utility owner has a MRUA, an estimate of the cost of the PE work by the utility owner may be used to obligate funding for preliminary engineering under the MRUA as a PE only letter agreement. If a lump sum or actual cost agreement will be required with the utility owner for the project, district utilities staff should do two (2) agreements with one agreement covering PE only, and once a design for the adjustment is obtained, a second agreement for the construction of the adjustment should be executed. If a separate PE only agreement is obtained, NTP will need to be issued twice to the utility owner: once for PE and once for construction.&lt;br /&gt;
&lt;br /&gt;
===643.2.14.3 Right of Way===&lt;br /&gt;
Once Notice to Proceed has been given, the utility owner may begin the right of way acquisition process. If the utility owner needs to acquire right of way prior to a full agreement for relocation has been negotiated, the agreement specifically for the acquisition of right of way should be executed. This agreement will be sent to Financial Services to begin the obligation process.&lt;br /&gt;
&lt;br /&gt;
===643.2.14.4 Construction===&lt;br /&gt;
Payment to utility owners for construction of the adjustment may occur in a number of phases.&lt;br /&gt;
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====643.2.14.4.1 Prepayment====&lt;br /&gt;
Per the utility agreement, the Commission allows utility owners to be prepaid prior to commencing work. The district utilities staff may negotiate the prepayment if the utility owner is receptive. The utility owner will submit a request for prepayment with an invoice prior to any prepayment. Route, county, and job number must be included in the request. The district utilities staff will submit a request to Financial Services with a copy saved in MoProjects for future reference by the district staff responsible for inspection of the utility adjustment.&lt;br /&gt;
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====643.2.14.4.2 Progress Payments====&lt;br /&gt;
If a utility owner has not been prepaid the entire estimated amount in the utility agreement, then the utility owner may request progress payments after completing a portion of the proposed work, including PE.&lt;br /&gt;
&lt;br /&gt;
Progress payments for PE by consultants should not exceed the &amp;quot;maximum not to exceed amount&amp;quot; shown in the cost estimate unless additional costs are approved first by district utilities staff.&lt;br /&gt;
&lt;br /&gt;
For progress payments, the utility owner is required to submit only a summary of work and materials for which payment is claimed, not a detailed billing. District utilities staff should check only to be sure that sufficient work has been done to justify making the requested payment. Payment should be made for allowable costs incurred up to the date of the progress payment request.&lt;br /&gt;
&lt;br /&gt;
Progress payment invoices do not relieve the utility owner of the responsibility of submitting one complete and final invoice upon completion of the adjustment. The utility owner’s address must be shown on the invoice. The district utilities staff should submit progress payment invoices and applicable C-9s to Financial Services within one (1) week of receipt of invoice.&lt;br /&gt;
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One copy of the progress payment and one copy of the district utilities staff letter of recommendation must be sent to Financial Services for payment and be stored in MoProjects. The cover memo should include the project number, route, county, actual cost or lump sum utility agreement, Commission obligation percentage, total cost estimate of Commission obligation, and indicate the progress payment number, i.e., progress payment number 1, 2, 3, etc. If more than one progress payment is requested by the utility company, the district should submit progress payment bills to Financial Services in the following format:&lt;br /&gt;
{| class=&amp;quot;wikitable&amp;quot; style=&amp;quot;margin-left: 25px; text-align:center&amp;quot;&lt;br /&gt;
! Payment !! Amount&lt;br /&gt;
|-&lt;br /&gt;
| Progress Payment #1 || $50,000&lt;br /&gt;
|-&lt;br /&gt;
| Progress Payment #2 || 10,000&lt;br /&gt;
|-	&lt;br /&gt;
| Total Payment to Date || $60,000&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
This format will help clarify payment history with the utility owner. Progress payments for actual cost utility agreements may not exceed the Commission&#039;s total estimated cost shown in the agreement. However, if the request for a progress payment exceeds the original estimate, a change order with explanation should accompany the request. (See [[#643.2.16.5_Change_Orders|EPG 643.2.16.5 Change Orders]].)&lt;br /&gt;
&lt;br /&gt;
====643.2.14.4.3 Final Payment====&lt;br /&gt;
Utility owners are required to submit a detailed final invoice to MoDOT for all actual cost reimbursable utility work and for any lump sum reimbursable utility work that was not prepaid. For prepaid lump agreements, the utility owner must submit a zero-dollar ($0) invoice to demonstrate the work has been completed. After the utility work has been fully completed, the district utilities staff responsible for inspection should send the utility owner a “60 Day” [https://epg.modot.org/forms/general_files/DE/FinalInvoiceLetter.docx Final Acceptance Letter] requesting a complete final invoice within 60 days, as detailed in the utility agreement. If the final invoice is not received from the utility owner within 30 days, then a follow up letter should be sent (i.e., “30 Day” [https://epg.modot.org/forms/general_files/DE/FinalInvoiceReminderLetter.docx Reminder Final Invoice Letter]) reminding the utility owner of its obligation to submit a final invoice within 60 days of the completed work. If a final invoice from the utility owner is not received within this timeframe, then the district utilities staff should contact the Design Liaison Engineer for guidance on how to close out the work.&lt;br /&gt;
&lt;br /&gt;
The district utilities staff is expected to check the final bill within two (2) weeks after receipt in as much detail as possible against the C-9. It is their responsibility to verify from field records the quantities of labor, equipment, material used, material retired, and to justify all changes made. If the utility owner’s contractor made the adjustment at unit cost prices, then it is the district utility staff’s responsibility to verify the number of units completed and not the hours of labor and equipment. It is also important for the utility owner to show the words “final bill” or “final invoice” on the last bill, in order for MoDOT to understand that no additional charges will be made on the adjustment. The final bill must show a general description of the utility adjustment, the highway project number, the date on which work was completed or last item of billed expense was incurred, and the location where records can be audited. The order of items in the final statement should follow as closely as possible the order of items in the original estimate. A summary, on the utility owner’s letterhead, of the total cost of preliminary engineering, construction engineering, right of way, labor, overhead, construction travel expense, transportation, equipment, materials, supply, handling, and salvage credits should be shown in a way that will permit direct comparison with the approved estimate from the original or supplemental agreements (see [[#643.2.12.6_Supplemental_Agreements|EPG 643.2.12.6]]).&lt;br /&gt;
&lt;br /&gt;
If the Actual Cost final invoice shows a much higher cost than the original estimate without scope change, the utility owner is required to give reasons in a letter to the district utilities staff explaining why the invoice cost increased. When the Actual Cost final invoice exceeds the amount shown in the table in [[#643.2.12.6_Supplemental_Agreements|EPG 643.2.12.6]], a supplemental agreement is required.&lt;br /&gt;
&lt;br /&gt;
When the district utilities staff has determined that the final invoice is accurate, the C-13 should be completed. Once the C-13 is completed, the C-13 and the final invoice from the utility owner are forward to Financial Services. For Actual Cost agreements, the C-9s should also be included in this transmittal. If no additional payments are required, the district utilities staff should note this in the transmittal as well. If the final invoice indicates previous payments to a utility owner exceeded the final invoice, the utility owner will need to send MoDOT a check for the overpayment amount. The check should be made payable to Director of Revenue – Credit State Road Fund. If the utility owner did not send MoDOT an overpayment check with the final invoice, district utilities staff should send a letter to the utility owner requesting the refund amount. Submittal of the final invoice to Financial Services should not occur until repayment has been received. The submittal to Financial Services should note the receipt of the repayment check.&lt;br /&gt;
&lt;br /&gt;
==643.2.15 Notice to Proceed==&lt;br /&gt;
For PE only, once an agreement has been executed, and Financial Services has advised that authorization from FHWA has been received, district utilities staff will issue a notice to proceed (NTP) letter to the utility owner for the PE. For agreements that include PE and construction or once a final agreement for construction has been executed, right of way clearance has been issued, and Financial Services has advised that authorization from FHWA has been received, the district utilities staff will issue NTP to the utility owner for construction. See [https://epg.modot.org/forms/general_files/DE/NoticeToProceedExampleLetter.docx Example of Notice to Proceed Letter]. If salvage credit is part of the agreement with the utility owner, the NTP letter should include a statement that the utility owner will need to inform district utilities staff of the time and place that inspection may be made of the removed material. The utility owner may be held accountable for full value of materials disposed without proper notice. Utility owners may purchase materials prior to NTP for construction; however, no other work on the adjustment necessary to allow highway construction may begin prior to NTP for construction. The utility owner, for reasons of planning their workload or due to seasonal situations, may request early authorization to perform the work. This request, with the district utilities staff recommendations, is sent to the Design Liaison Engineer for further handling, approval, and advancement of the necessary funds. A copy of the NTP should be saved in MoProjects. If a utility owner begins adjustments prior to NTP for construction, district utilities staff should notify the utility owner immediately in writing that reimbursement will not be made for work done prior to NTP for construction.&lt;br /&gt;
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==643.2.16 Construction of Utility Adjustments==&lt;br /&gt;
===643.2.16.1 Utility Owner Self-Perform===&lt;br /&gt;
As per 23 CFR 645.115 Construction, it may be cost-effective for certain utility adjustments to be performed by a utility owner with its own internal forces and equipment, provided the utility owner is qualified to perform the work in a satisfactory manner. This cost-effectiveness finding covers minor work on the utility owner’s existing utility facilities routinely performed by the utility owner with its own forces.&lt;br /&gt;
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===643.2.16.2 Construction Contract Requirements===&lt;br /&gt;
When the utility owner is not adequately staffed and equipped to perform such work with its own forces and equipment at a time convenient to coordination with the associated highway construction, such work may be done one of four ways for utility adjustments:&lt;br /&gt;
# MoDOT can provide the construction services, via awarded contract to the lowest qualified bidder based on appropriate solicitation. This can be done by including the adjustment work in the roadway improvement project ([[#643.2.14_Payment_to_Utility_Companies_for_Reimbursable_Work|EPG 643.2.12.4 Utility Agreement for Utility Work Included in Roadway Improvement Project]]) or by having a utility only project ([[#643.2.12.5_Agreement_for_a_Utility_Only_Project|EPG 643.2.12.5 Utility Only Project]]).&lt;br /&gt;
# The utility owner can award a construction contract to the lowest qualified bidder based on appropriate solicitation.&lt;br /&gt;
# The utility owner can utilize an existing continuing contract, provided the costs are reasonable (see [[#643.2.9.1_Independent_Cost_Estimate|EPG 643.2.9.1 Independent Cost Estimate]]).&lt;br /&gt;
# The utility owner can contract for low-cost incidental work, such as tree trimming and the like, without competitive bidding, provided the costs are reasonable (see [[#643.2.9.1_Independent_Cost_Estimate|EPG 643.2.9.1 Independent Cost Estimate]]).&lt;br /&gt;
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When a utility owner chooses option 2 to award its own new construction contract, the utility owner must provide the following documents and information to the district utilities staff. These documents need to be provided as soon as the utility owner has chosen to pursue a construction contract. Document 1 must be supplied by all utility owners. Documents 2 and 3 are only required when the utility owner is a local government agency who is also a political subdivision of the state of Missouri (e.g., city-owned utilities, county-owned utilities). All other utility owners are encouraged, but not required, to provide Documents 2 and 3.&lt;br /&gt;
# A statement that the utility owner is not staffed or able to perform the required construction activities with its own forces.&lt;br /&gt;
# A copy of the request for proposal used to secure bids.&lt;br /&gt;
# A list of a minimum of 3 bidders whom they believe can do the work. &#039;&#039;&#039;Political subdivisions are required to advertise for the work&#039;&#039;&#039;.&lt;br /&gt;
# Upon review of these documents, the district utilities staff will advise the utility owner to proceed with the solicitation of bids, but the utility owner will not be permitted to award the contract without the concurrence of district utilities staff. For lump sum agreements, approval of contract work and subcontract work is not required.&lt;br /&gt;
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The following documents need to be provided as soon as the utility owner has determined the lowest qualified contractor and would like to award the project. Document 1 must be supplied by all utility owners. Document 2 is only required when the utility owner is a local government agency who is also a political subdivision of the state of Missouri (e.g., city-owned utilities, county-owned utilities). All other utility owners are encouraged, but not required, to provide Document 2.&lt;br /&gt;
# The name address of the lowest qualified contractor.&lt;br /&gt;
# The tabulation of bids received and other information to support their recommendation for award to the lowest qualified bidder.&lt;br /&gt;
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The district utilities staff will review and approve the utility owner&#039;s bid information prior to the award of the contract. The Design Liaison Engineer is available to assist the district with review of bid information if necessary. Once the district utilities staff provides concurrence, the utility owner may proceed with awarding the contract. When the utility owner is a local government agency who is also a political subdivision of the state of Missouri (e.g., city-owned utilities, county-owned utilities), a copy of the executed contract must be shared with the district utilities staff. All other utility owners are encouraged, but not required, to provide a copy of the executed contract.&lt;br /&gt;
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A [https://epg.modot.org/forms/general_forms/DE/UtilityConsultantContractChecklist.docx checklist is available for reviewing contracts] to ensure the contract conforms to MoDOT policy and complies with applicable federal regulations.&lt;br /&gt;
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When a utility owner chooses to utilize an existing continuing contract, the utility owner will submit a copy of the contract to the district utilities staff. The district utilities staff will review the contract for reasonableness of cost. If district utilities staff and the utility owner’s representative cannot agree on the reasonableness of cost, then the utility owner will be required to award a new construction contract.&lt;br /&gt;
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===643.2.16.3 Inspection===&lt;br /&gt;
The degree of inspection needed for utility adjustments will vary considerably with the nature and location of the work and whether the Commission is responsible for any portion of the cost of reimbursement. Judgment must be used regarding the manner and regularity of inspection duties. Some phases of the work require a very close check to ensure that the highway will not be adversely affected and to ensure satisfactory performance of work in accordance with the agreement and plans. The degree of inspection may vary from spot checking of overhead installations to continuous close observation of backfilling trenches beneath proposed pavement, embankment area, or adjacent to bridge abutments. Proper inspection can ensure that the utility adjustment is completed as efficiently as possible to minimize future impacts to the utility facility and the highway construction project. A [https://epg.modot.org/forms/general_files/DE/UtilityFieldInspectionChecklist.docx Field Inspection Checklist] to assist district utilities staff responsible for inspection is available.&lt;br /&gt;
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If it is found that any actual cost reimbursable utility adjustment is being performed by unapproved contractors, district utilities staff should direct the work to stop. The utility owner’s representative should be informed immediately and should be advised in writing that the costs incurred by an unapproved contractor are not eligible for reimbursement under provisions of the agreement. The district utilities staff can take appropriate steps to approve a subcontract and advise when the utility owner can recommence work.&lt;br /&gt;
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===643.2.16.4 Documentation===&lt;br /&gt;
All documents related to the construction of the utility adjustment necessary to allow highway construction should be stored in MoProjects.&lt;br /&gt;
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Construction records must be kept to confirm that work is done in accordance with the terms of the agreement and in the manner proposed in the plans. The importance of a complete and accurate record cannot be overemphasized. Detailed records are necessary to support the recommendation for payment of the final invoice. A complete, separate daily record must be kept on each actual cost adjustment and submitted for review when the final invoice is recommended for payment. This district utilities staff responsible for inspection should complete the Daily Utility Report (C-9).&lt;br /&gt;
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====643.2.16.4.1 Utility Reports====&lt;br /&gt;
The Daily Utility Report ([https://epg.modot.org/forms/general_files/DE/C-9.docx Form C-9]) and the Final Utility Report ([https://epg.modot.org/forms/general_files/DE/C-13.docx Form C-13]) are used for documenting utility adjustments necessary to allow highway construction. The use of C-9s and C-13s will vary with method of reimbursement. For utility adjustments necessary to allow highway construction that overlap with the highway contractor’s work, progress records should be kept as necessary to coordinate the highway and utility construction activities. Sufficient records must be maintained to check and verify the items of labor, equipment, materials, and salvaged items as submitted on the final invoice.&lt;br /&gt;
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=====643.2.16.4.1.1 Daily Utility Report (C-9)=====&lt;br /&gt;
C-9s are only required for actual cost agreements. The district utilities staff responsible for inspection must in all cases keep records to document inclement weather, down time, and verbal authorization for minor changes. The district utilities staff responsible for inspection must complete a C-9 documenting the number and classification of employees and number of hours worked. Records of material used and of retired materials returned to stock or scrapped must be kept. The utility owner’s major items of equipment must also be recorded. When work is done by the contract method based on unit prices, the district utilities staff responsible for inspection should ascertain that units of work as provided in the bid proposal are measured and recorded to form a basis for checking the final invoice. C-9s should list the location and the number of units of work accomplished for that period. If contract labor or equipment is used by a utility owner on the basis of a bid per hour, per day, etc., it will be necessary to keep records on this labor or equipment time in the same manner as if the utility owner were performing the work with its own internal forces. District utilities staff responsible for inspection should also note all contractors working for the utility owner and the contractor approval authorization dates given in the agreement.&lt;br /&gt;
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=====643.2.16.4.1.2 Final Utility Report (C-13)=====&lt;br /&gt;
C-13s summarize that the utility adjustment work that was done in accordance with the agreement and plans, the percentage of total cost that is the responsibility of the Commission, and any progress payments that have been made. A C-13 is required for both actual cost and lump sum agreements. The requested numbers shown on line 9 (Commission Estimated Cost) and line 10 (Amount of Final Bill) in the report are the Commission’s total responsibility.&lt;br /&gt;
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====643.2.16.4.2 Breakdown and Emergency====&lt;br /&gt;
When breakdown and emergency situations occur, prior approval by MoDOT is not required for contract or equipment rental work unless the cost or period of time will be extensive. The utility owner should furnish a letter as soon as possible to explain the situation and set out the estimated costs involved. The district utilities staff’s records should substantiate the need and the changes for personnel and equipment.&lt;br /&gt;
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====643.2.16.4.3 Stop Work====&lt;br /&gt;
If at any point, a stop work order is given by MoDOT to a utility owner, written documentation of the stop work order should be saved in MoProjects.&lt;br /&gt;
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===643.2.16.5 Change Orders===&lt;br /&gt;
Any change in the plan of adjustment should be documented in writing to the utility owner as a change order. If the change order is anticipated to exceed $100,000 or 15% of the original agreement amount, district utilities staff should negotiate a supplemental agreement with the utility owner’s representative. Once a supplemental agreement is in place, district utilities staff should contact Financial Services to obtain an adjustment of the obligation mid-project. Change orders without supplemental agreements will be settled once the project is complete.&lt;br /&gt;
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====643.2.16.5.1 Actual Cost Agreement====&lt;br /&gt;
Slight modifications in quantities or the addition of minor items not included with the original agreement do not require a supplemental agreement. However, such changes should be documented in writing with the utility owner. A supplemental agreement is needed if costs exceed the above threshold or if there is a change in the percentage of cost that is the Commission’s responsibility on an agreement with shared responsibility for costs. Intermediate partial payments cannot be made on items in a supplemental agreement until the supplemental agreement is approved.&lt;br /&gt;
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====643.2.16.5.2 Lump Sum Agreement====&lt;br /&gt;
A supplemental agreement to a Lump Sum Agreement is only required for significant changes in the scope of work of the utility adjustment necessary to allow highway construction. Normal overruns are not considered as changes in approved work and will not be reimbursed. Significant changes in the scope of work on utility adjustments necessary to allow highway construction cannot be done until the supplemental agreement is approved, and the adjustment in obligation of funds is complete.&lt;br /&gt;
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==643.2.17 Utilities during Highway Construction==&lt;br /&gt;
The contractor is responsible for having utilities located by contacting Missouri One-Call (811) prior to any excavation on the project. A reminder of this responsibility should be made at the preconstruction meeting.&lt;br /&gt;
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===643.2.17.1 Preconstruction Meeting (Pre-Con)===&lt;br /&gt;
District utilities staff should be invited to all pre-cons.&lt;br /&gt;
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Pre-cons fall into three categories relating to utilities:&lt;br /&gt;
# No utility adjustments are anticipated within the project limits,&lt;br /&gt;
# All utility adjustments completed prior to the pre-con, and&lt;br /&gt;
# All utility adjustments not completed prior to the pre-con.&lt;br /&gt;
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====643.2.17.1.1 No Utility Adjustments Anticipated within the Project Limits====&lt;br /&gt;
For projects without a Utility Job Special Provision (JSP), no involvement of the utility owners is required at the pre-con. For projects with a Utility JSP, the Resident Engineer (RE) should invite all utility owner representatives listed in the JSP with known required adjustment to the pre-con. The RE should review potential impacts of the highway construction project with the contractor and the utility owner.&lt;br /&gt;
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====643.2.17.1.2 All Utility Adjustments Completed Prior to the Pre-Con====&lt;br /&gt;
The RE should invite all utility owner representatives listed in the JSP with known required adjustment to the pre-con. The RE should review potential impacts of the highway construction project with the contractor and the utility owner. A general discussion should highlight the previous adjustments made by the utility owner and what abandoned utility facilities the contractor may encounter.&lt;br /&gt;
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====643.2.17.1.3 All Utility Adjustments Not Completed Prior to the Pre-Con====&lt;br /&gt;
It is important for the RE and inspector to understand the utility owner’s work schedule and how it relates to the contractor’s work schedule. During the pre-con, the schedule of the utility owner and highway construction contractor should be discussed, and conflicts should be addressed to allow utility adjustments and highway construction to progress as near to the proposed schedule as possible. On large-scale projects that have many utility issues to address that could impact the work of the highway construction contractor, it may be necessary to have a separate pre-con with utility owner representatives.&lt;br /&gt;
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===643.2.17.2 Coordination Meetings===&lt;br /&gt;
When the utility work will not be completed soon after the preconstruction meeting, the RE should meet with district utilities staff, the highway construction contractor, and the utility owner representatives on a regular basis to discuss utility coordination issues, so expectations from all parties are known and conveyed clearly. The utility owner may need some work performed by MoDOT or the highway construction contractor prior to completing their adjustments. (Examples include: survey staking of right of way or proposed facilities, trees cleared, grading performed, or new structures built).&lt;br /&gt;
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==643.2.18 Service Drops==&lt;br /&gt;
Power and communication services provided by utility owners are necessary for the operation of the highway system. These services may include power to traffic signals, lighting, or ITS devices; power for cathodic protection; or telecommunication services to signal controllers or ITS devices. The project design teams should work with district utilities staff to identify proper locations for the applicable utility owners to provide these services. Various utility owners have different requirements for this process. The district utilities staff is encouraged to develop a workable relationship with the utility owners who provide these services to MoDOT. The costs of installing the services charged by the utility owner are considered a non-contractual item and should be accounted for in the project’s budget in the STIP. The proposed location and method for the service drops should be shown on the roadway plans. District utilities staff should meet with the utility owner’s representative to ensure the proposed location can be accommodated by the utility owner. For electrical service connections, the power supply assembly is ideally located a maximum of ten feet (10’) from the source location. Plans submitted for PS&amp;amp;E should reflect the agreed upon location for all service connections. During construction, district utilities staff and district construction staff should work together to ensure the placement of the services is consistent with the project plans. Payment for the service drops should be invoiced by the utility owner to the district. District utilities staff is responsible for submission of the invoice directly to Financial Services for payment noting the non-contractual charges for the project.&lt;br /&gt;
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==643.2.19 Buy America Build America for Utilities==&lt;br /&gt;
FHWA’s Buy America Build America (BABA) policies require a domestic manufacturing process for all steel or iron products, other construction materials, and manufactured products that are permanently incorporated into Federal-Aid Highway construction projects, including products and materials used for adjustments to utility facilities to allow highway construction. These guidelines are for all federally reimbursable transportation projects where FHWA is the lead federal agency; it does not take precedence over projects where Federal Transit Administration or the Federal Railroad Administration is deemed the be the lead federal agency.&lt;br /&gt;
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===643.2.19.1 Program Requirements for Utilities===&lt;br /&gt;
All MoDOT projects are federal-aid projects, and therefore, all reimbursable utility adjustments are required to follow the provisions of BABA. More information on MoDOT’s BABA policy and procedures can be found in [[106.9_Buy_America_Requirement|EPG 106.9 Buy America Requirement]]. Specifically, utility owners should be aware of the following procedures for determining applicability of the EPG 106.9 requirements to reimbursable utility adjustments necessary to allow highway construction:&lt;br /&gt;
* BABA does not apply when materials are relocated from one location to another within the project limits.&lt;br /&gt;
* BABA does not apply for materials necessary for temporary utility adjustments assuming materials are removed from the right of way upon completion of the utility adjustment to allow highway construction.&lt;br /&gt;
* Non-reimbursable work must be kept separate from reimbursable work (agreements, permits, etc.) in order to not be subject to BABA.&lt;br /&gt;
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===643.2.19.2 Certification Requirements for Utilities===&lt;br /&gt;
Utility owners have the option of choosing either to self-certify BABA compliance or provide vendor/manufacturer certification to MoDOT. The method of certification is chosen by the utility owner and is documented in either the MRUA or the project specific agreement. Regardless of agreement type or certification method, the utility owner must be compliant with BABA requirements.&lt;br /&gt;
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====643.2.19.2.1 BABA Utility Owner Self-Certification====&lt;br /&gt;
If a utility owner chooses to self-certify BABA compliance, the utility owner is not required to provide MoDOT copies of the supplier certification as part of the project documentation or with the final invoice for any reimbursable utility adjustment necessary to allow highway construction. Retention of all documents should be as described in the agreement.&lt;br /&gt;
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====643.2.19.2.2 BABA Vendor/Manufacturer Certification====&lt;br /&gt;
If a utility owner chooses to use vendor/manufacturer certification, the utility owner will supply MoDOT BABA compliance from all vendors and/or manufacturers. Certification from vendors will be signed by an authorized representative of the vendor on company letterhead or other acceptable documentation and will declare that all supplied materials subject to BABA requirements are fully compliant. Certification from iron or steel manufacturers must be in the form of a mill test report (MTF) issued and signed by the initial fabricator stating the materials subject to BABA were melted and manufactured in the United States. Other written statements on company letter or other acceptable documentation signed by an authorized representative of the manufacturer for any additional treatment to the fabricated material (such as blasting, galvanizing, painting, or coating) will state that all treatment processes occurred in the United States according to FWA guidelines. Retention of all documents should be as described in the agreement. Manufacturer certification for manufactured products or construction materials will state that all materials were sourced from the United States and were fabricated in the United States. Retention of all documents should be as described in the agreement.&lt;br /&gt;
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==236.5.12 Excess Land Conveyances &amp;amp; Relinquishments - Utilities==&lt;br /&gt;
All conveyances and relinquishments of Commission-owned property shall be evaluated for the existence of any utility facilities located within the areas to be conveyed or relinquished. A conveyance or relinquishment of Commission-owned property may have implications to the utility facilities, and the utility owners, when the Commission no longer controls the property. It is important to maintain the continuity of utility facilities for the general public; therefore, to identify and minimize potential impacts, MoDOT shall involve utility owners in the conveyance and relinquishment processes.&lt;br /&gt;
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===236.5.12.1 Excess Land Conveyances Utilities===&lt;br /&gt;
MoDOT shall only recommend that a property be declared excess upon satisfactorily addressing the utility impacts. Whether MoDOT or an external party initiates the conveyance of excess property, utility impacts shall be adequately addressed by using one of the following methods: &lt;br /&gt;
:1. Each utility facility will be relocated by permit into a new utility corridor retained by the Commission.&lt;br /&gt;
:2. Each utility facility will remain in place with the benefit of a non-exclusive permanent utility easement.&lt;br /&gt;
::&#039;&#039;If the Commission holds fee simple title to the property, the Commission shall convey a non-exclusive permanent utility easement to each utility owner&#039;&#039;.&lt;br /&gt;
::&#039;&#039;If the Commission holds a less than fee simple title interest in the property, MoDOT shall facilitate the conveyance of a non-exclusive permanent utility easement from the party acquiring the property to each utility owner&#039;&#039;.&lt;br /&gt;
:3. Each utility facility will be relocated to another portion of the property being conveyed.&lt;br /&gt;
::&#039;&#039;If the Commission holds fee simple title to the property, the Commission shall convey a non-exclusive permanent utility easement to each utility owner&#039;&#039;. &lt;br /&gt;
::&#039;&#039;If the Commission holds a less than fee simple title interest in the property, MoDOT shall facilitate the conveyance of a non-exclusive permanent utility easement from the party acquiring the property to each utility owner&#039;&#039;.&lt;br /&gt;
:4. Each utility facility will be relocated onto a portion of the property already owned by the party acquiring the Commission-owned property, with the benefit of a non-exclusive permanent easement. (MoDOT shall facilitate the conveyance of a non-exclusive permanent utility easement from the party acquiring the property to each utility owner.)&lt;br /&gt;
:5. A three-party negotiated settlement taking into consideration the overall value of the proposed transaction.&lt;br /&gt;
:6. Additional options to address utility impacts may be utilized with approval from the Asst. to the State Design Engineer - Right of Way.&lt;br /&gt;
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===236.5.12.2 Road Relinquishment Utilities===&lt;br /&gt;
MoDOT shall only recommend the relinquishment of roadways through the [[236.14 Change in Route Status Report|Change in Route Status Report]] upon satisfactorily addressing the impacts to utility facilities. If the roadway will be relinquished to a local public transportation authority, with the intent that it continues to be used as a public roadway, a clause similar to the following shall be included in the deed from the Commission to the local public transportation authority:&lt;br /&gt;
:&#039;&#039;&amp;quot;Grantee, by acceptance of this conveyance, covenants and agrees for itself, its successors and assigns, to allow known or unknown utility facilities currently located on the property, whether of record or not, to remain on the property, and to grant the current and subsequent owners of those facilities the right to maintain, construct and reconstruct the facilities and their appurtenances over, under, and across the land herein conveyed, along with the right of ingress and egress across the land herein conveyed to and from those utilities.&amp;quot;&#039;&#039; &lt;br /&gt;
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Proposed roadway relinquishments to private entities shall be reviewed in a manner consistent with the conveyance of excess property described in [[236.5 Property Management#236.5.3 Asset Management Committee|EPG 236.5.3 Asset Management Committee]].&lt;/div&gt;</summary>
		<author><name>Hoskir</name></author>
	</entry>
	<entry>
		<id>https://epg.modot.org/index.php?title=User:Hoskir/Revision_Request_4225&amp;diff=58900</id>
		<title>User:Hoskir/Revision Request 4225</title>
		<link rel="alternate" type="text/html" href="https://epg.modot.org/index.php?title=User:Hoskir/Revision_Request_4225&amp;diff=58900"/>
		<updated>2026-06-26T12:50:29Z</updated>

		<summary type="html">&lt;p&gt;Hoskir: /* 643.1.7.1 Water and Sewer Separations */&lt;/p&gt;
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| ● [https://www.ecfr.gov/current/title-23/chapter-I/subchapter-G/part-64523 CFR 645]&lt;br /&gt;
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| ● [https://www.sos.mo.gov/cmsimages/adrules/csr/current/7csr/7c10-3.pdf7 CSR 10-30]&lt;br /&gt;
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&#039;&#039;&#039;Utility Accommodation Policy:&#039;&#039;&#039; State DOTs are required to develop policies and procedures pertaining to the use, accommodation, and/or relocation of public and private utility facilities on highway rights-of way using Federal-aid highway funds. State DOTs are required to develop, maintain, and obtain FHWA approval of their Utility Accommodation Policy (UAP) (23 CFR section 645.215). This EPG article 643 and subarticles 643.1 through 643.3 are Missouri Department of Transportation (MoDOT)’s Utility Accommodation Policy. Text in EPG 643 consolidates various federal and state statutes and rules into a single, cohesive, workable policy to outline processes for MoDOT staff and utility owners.&lt;br /&gt;
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&#039;&#039;&#039;Delegation of Work:&#039;&#039;&#039; Each MoDOT district is responsible for ensuring implementation of the UAP outlined in the subsequent EPG articles. Each district can create its own organization for whom is responsible for the work including between divisions and job titles. Work responsibilities within this article and subarticles are generic where possible. If a specific title is included, that title has sole responsibility for that item of work.&lt;br /&gt;
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[[media:144 Major Highway System 2022.pdf|major routes]]&lt;br /&gt;
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The information in this article provides a uniform system for regulating the location, construction, maintenance, removal, and relocation of utility facilities on the right of way of roadways located on the state highway system. It also provides for the facilitation of construction and maintenance of these roadways. Any location or relocation of utility facilities contrary to this information is an interference with the construction, maintenance, or operation of a state highway and its right of way and is prohibited.&lt;br /&gt;
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==643.1.1 Permits==&lt;br /&gt;
All utility owners are required to obtain a permit to work on Missouri Highway and Transportation Commission (Commission) right of way. A permit is required for original installation of the utility facility, on-going maintenance of the utility facility, or adjustments to a utility facility necessary to allow highway construction. Per [[127.29_Stormwater#127.29.4.3_MCM_3:_Illicit_Discharge_Detection_and_Elimination_(IDDE)_Program|EPG 127.29.4.3]], discharges of anything other than stormwater are not permitted. A deposit or bond is required to ensure completion of the work in accordance with the permit issued. An [https://www.modot.org/permits application for a permit] may be made on established forms specifically stating the nature of the work to be performed. Applications for permits may be obtained at any of the [https://www.modot.mo.gov/ seven (7) district highway offices] of the Commission, [https://www.modot.mo.gov/ MoDOT&#039;s website], or by requesting it from the office of the Missouri Highways and Transportation Commission in Jefferson City, Missouri. The application for a permit will specifically state the nature of the work to be performed, what specific type of utility facility is to be installed, and, if necessary, the timeframe of any temporary use. Piping of any type of sewage or waste will only be allowed providing any permitting by a regulatory agency, such as Missouri Department of Natural Resources, can be provided. Prior to obtaining a permit through MoDOT’s permit system, a utility owner will be required to provide a bond to ensure satisfactory work and complete a TR50 Electronic Signature Agreement with the Commission. The name of the utility owner must match on the bond, TR50, and in the permit system. More information on permitting can be found in [[:Category:941_Permits_and_Access_Requests|EPG 941]].&lt;br /&gt;
&lt;br /&gt;
===643.1.1.1 Emergency Work===&lt;br /&gt;
When emergency operations work is necessary, the damaged utility facility may be accessed immediately and without a permit by leaving the pavement at such points as may be necessary to effect emergency repairs, provided immediate notice is given to the Missouri State Highway Patrol and the district utilities staff for the district wherein the work will be performed, and a permit for emergency operations is requested immediately upon discovery of the need for emergency operations. A permit for emergency operations work is to be obtained as soon as practical, but in no event later than two (2) working days after the emergency operations work has commenced. Emergency operations include, but are not limited to, unplanned work in response to utility facilities being so damaged as to constitute an emergency situation directly affecting or endangering traffic on the highway or public health or safety.&lt;br /&gt;
&lt;br /&gt;
===643.1.1.2 Third-Party Inspection===&lt;br /&gt;
When a utility owner has a large number of projects in a given area or projects involving great complexity, MoDOT reserves the right to limit the number of permits open at any given time. With approval of the district utilities staff, a utility owner may hire a third-party inspector, at their cost. The third-party inspector will allow the utility owner to increase the number of permits open at any given time. The responsibility of the third-party inspector will be to ensure the installation of the utility facility proceeds in a manner consistent with the plans approved in the permit, including all work zone requirements and conformity with MoDOT’s Standards and Specifications. The MoDOT approved third-party inspector will be listed in the permit. MoDOT may audit third-party inspections and revoke the right to use third-party inspections should the inspectors fail to perform their duties.&lt;br /&gt;
&lt;br /&gt;
===643.1.1.3 Abandoned Utility Facilities===&lt;br /&gt;
All utility facilities installed in Commission right of way are the property of the utility owner whether the utility facility is active or inactive. MoDOT may allow a utility facility to remain on Commission right of way whether the utility facility was abandoned for a MoDOT project or at the utility owner’s discretion. MoDOT may place requirements (such as removing inactive fiber optic cables, grouting pipes, removing valves) on the utility owner as part of the process of abandoning a utility facility. Liability for damage to Commission right of way due to an abandoned facility remains the responsibility of the utility owner. In the event MoDOT requires the removal of the abandoned utility facility, responsibility for the cost of the removal will be determined per [[#643.2.8_Cost_Responsibility|EPG 643.2.8]].&lt;br /&gt;
&lt;br /&gt;
==643.1.2 Definitions==&lt;br /&gt;
&#039;&#039;&#039;Bridge Attachment:&#039;&#039;&#039; A bridge attachment is any utility facility, including communication lines and electrical lines, or any other utility facility of a similar nature that is fastened to a bridge for the purpose of spanning an obstacle.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Clear zone:&#039;&#039;&#039; The total roadside border area starting at the edge of the traveled way, available for safe use by errant vehicles. This area may consist of a shoulder, a recoverable slope, a non-recoverable slope, and/or the area at the toe of a non-recoverable slope available for safe use by an errant vehicle. Clear zone dimensions are provided in the current edition of American Association of State Highway Transportation Officials Roadside Design Guide.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Ditch Line:&#039;&#039;&#039; A line where the roadway ditch meets the back slope. It is located at the lowest point of a V-bottom ditch or furthest point from the roadway of a flat bottom ditch where the roadway slopes back to the existing ground line.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Duct:&#039;&#039;&#039; An enclosed tubular casing, or raceway, for protecting wires, lines, or cables that is often flexible or semi-rigid (1-3% diametric deflection). The casing, or raceway, is separate from the cable or conductor that passes through it.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Encasement:&#039;&#039;&#039; The term encasement means the placing of an installation around and outside of an underground facility consisting of a larger conduit that permits the removal and replacement of the facility. An alternate to the conduit type encasement is reinforced concrete poured around the utility facility. Utility owners are allowed to use any types of material as a carrier and encasement for its facilities as expressly provided for in the permit issued for the installation of the utility facility.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Freeway:&#039;&#039;&#039; A divided arterial highway with full control of access.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Highway:&#039;&#039;&#039; Any public way for vehicular travel, including the entire area within the right of way and related facilities constructed or improved and maintained by the Missouri Highways and Transportation Commission (MHTC) acting through the Missouri Department of Transportation (MoDOT).&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Interchange Limits:&#039;&#039;&#039; For the uniform handling of utility installations only, the limits of an interchange are the outside ramp curve points. See [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_1_TypicalInterchangeLimits_AOD.pdf EPG Figure 643.1.1] for an example.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Interstate System or Other Freeways/Expressways:&#039;&#039;&#039; Interstate highways and highways with fully controlled access.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Major Routes (Interstates, Freeways/Expressways and Principal Arterials):&#039;&#039;&#039; The major highway system is all routes functionally classified as principal arterials. The principal arterial system provides for statewide or interstate movement of traffic. The major roads in Missouri total approximately 5,500 centerline miles.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Minor Routes:&#039;&#039;&#039; The minor highway system is all routes functionally classified as minor arterials or collectors. These routes mainly serve local transportation needs. The minor roads in Missouri total approximately 28,400 centerline miles.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Normal Right of Way Line:&#039;&#039;&#039; An imaginary line that connects sudden breaks in the major right of way points for roadways. Sight distance right of way points (triangles) at roadway intersections are not to be considered as sudden breaks for determining normal right of way.&lt;br /&gt;
[[File:fig_643.1.2-06_2026.jpg|none|700px|thumb|Figure 643.1.2 Normal Right of Way Line.]]&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Private Lines:&#039;&#039;&#039; Privately owned utility facilities which convey or transmit the commodities outlined in the definition of utility facility of this section but devoted exclusively to private use.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Scenic Enhancement Areas:&#039;&#039;&#039; Scenic enhancement areas include areas acquired or so designated as scenic strips, overlooks, rest areas, recreation areas, and the right of way of adjacent roadways and the right of way of roadways that pass through public parks and historic sites as described under 23 USC 138.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Utility Corridor:&#039;&#039;&#039; An area established for the placement of utility facilities parallel to the normal right of way line.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Utility Facility:&#039;&#039;&#039; Privately, publicly, or cooperatively owned line, facility, or system for producing, transmitting, or distributing communications, cable television, power, electricity, light, heat, gas, oil, crude products, water, steam, waste, storm water not connected with highway drainage or any other similar commodity, including any fire or police signal system or street lighting system which directly or indirectly serves the public and does not include privately owned facilities devoted exclusively to private use. The term &amp;quot;utility facility&amp;quot; includes those facilities used solely by the utility owner that are a part of its operating plant.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Utility Owner:&#039;&#039;&#039; The utility owner is the utility company, inclusive of any wholly owned or controlled subsidiary, or city or county which owns utility facilities. The term also includes those government agencies that lease a utility facility for its own use or otherwise dedicated solely to governmental use.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Variance:&#039;&#039;&#039; A one- (1-) time deviation from the requirements for location or relocation of utility facilities on the right of way of highways in the state highway system as established in [https://www.sos.mo.gov/cmsimages/adrules/csr/current/7csr/7c10-3.pdf Title 7 Code of State Regulations 10-3], requested by the utility, and approved by a MoDOT District Design Engineer.&lt;br /&gt;
&lt;br /&gt;
==643.1.3 Location of Utility Facilities==&lt;br /&gt;
Utility facilities paralleling the roadway should be installed in the utility corridor except as outlined below. The utility corridor is the space for all utility owners generally within six feet (6’) of the normal right of way line. When considering if the current utility corridor is available to expand from six feet (6’) to as much as twelve feet (12’), MoDOT determines if the expansion is warranted. In making the determination, MoDOT will consider the existing utilization of the original six feet (6’) corridor. Poles must remain within two feet (2’) of the normal right of way line unless approved by a variance. The utility corridor will only be expanded beyond six feet (6’) if the original six feet (6’) corridor is fully utilized and additional space would be required to accommodate additional utility facilities. Acquisition of additional right of way to establish a twelve feet (12’) corridor is not required on highway construction projects. For depths for underground utility facilities, see [[#643.1.4.1_Minimum_Cover_for_Underground_Facilities|EPG 643.1.4.1]].&lt;br /&gt;
&lt;br /&gt;
Utility facilities crossing the roadway should be installed as close to ninety degrees (90°) to the centerline of the roadway as possible and based on the guidelines below depending on the type of roadway. See [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_3_TypicalUtilityCorridor-InterchangeatMajorRoute_AOD.pdf EPG Figure 643.1.3] and [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_4_TypicalUtilityCorridor-InterchangeatMinorRoute_AOD.pdf EPG Figure 643.1.4] for typical utility corridors around interchanges.&lt;br /&gt;
&lt;br /&gt;
===643.1.3.1 Interstate System or Other Major Freeways/Expressways===&lt;br /&gt;
The installation of all utility facilities on highways of the Interstate System or other major freeways/expressways with fully controlled access are to be installed, serviced, and maintained without entering or leaving the roadway and ramps except at points approved by MoDOT for that purpose and without parking any equipment or storing materials upon the medians, roadway and ramps, or shoulders of the roadways. Cutting or damaging the pavement or paved shoulders is not permitted. New service connections to existing parallel utility facilities are to be permitted only where an outer roadway exists and then only where access is permitted by the Commission. Careful consideration will be given to the location of guys, anchors, braces, and other supports. Generally, good design practice will provide that appurtenances be located at right of way jogs, along intersecting road right of way, or at other similar acceptable locations, so that encroachment is held to an absolute minimum.&lt;br /&gt;
&lt;br /&gt;
No utility facilities will be permitted within the interchange limits of an interchange between fully limited access highways where planned or existing. Utility facilities within the interchange limits of an interchange with a non-access controlled highway will be permitted only along the minor road, provided that all construction, service, and maintenance can be performed from the minor road. Manholes and poles must be located beyond the ramp termini.&lt;br /&gt;
&lt;br /&gt;
For structures carrying or over interstates or other major freeways/expressways, see [[#643.1.5_Bridge_Attachment_Policy|EPG 643.1.5]].&lt;br /&gt;
&lt;br /&gt;
====643.1.3.1.1 Utility Facilities Crossing the Interstate or Other Major Freeways/Expressways====&lt;br /&gt;
=====643.1.3.1.1.1 Overhead Crossings of the Interstate or Other Major Freeways/Expressways=====&lt;br /&gt;
Overhead crossings of utility facilities are permitted only for power transmission and distribution lines and for multiple circuit communication lines where an underground installation is not economically feasible. Supports for existing utility facilities crossing overhead may remain on the right of way provided they are near the right of way line regardless of the presence of an outer road. Supports for new overhead utility facilities crossing overhead may be located on the right of way near the right of way line where an outer roadway exists and are to be located off the right of way where no outer roadway exists. Overhead service crossings are only permitted in isolated cases for residential or commercial establishments when the denial of the crossing would require construction of more than 1,200 feet (1,200’) of utility line to provide the service. Main or distribution line crossings are required to serve a general area other than isolated cases.&lt;br /&gt;
&lt;br /&gt;
=====643.1.3.1.1.2 Underground Crossings of the Interstate or Other Major Freeways/Expressways=====&lt;br /&gt;
Underground crossings of utility facilities are to be continuously encased under the pavement, medians, ramps, and shoulders with the casing extending to the toe of the fill slopes or to the ditch line. In curbed sections, encasement should extend outside the outer curb of the roadways a distance equal to the depth of the encasement at the curb line. Where installed by open trench through unpaved areas, detector tape should be placed approximately one foot (1&#039;) above the encasement. Where an interstate or other major freeway has a parallel outer roadway, encasement should be continuous under all roadways within the right of way.&lt;br /&gt;
&lt;br /&gt;
Manholes or vent pipes are to be located at the right of way line or adjacent to the outer roadway.&lt;br /&gt;
&lt;br /&gt;
For fiber optic cable, encasement should extend from within six feet (6&#039;) of one right of way line to within six feet (6&#039;) of the other right of way line.&lt;br /&gt;
&lt;br /&gt;
Exceptions may be made for encasement as listed in [[#643.1.4.2_Exceptions_to_Encasement|EPG 643.1.4.2]].&lt;br /&gt;
&lt;br /&gt;
====643.1.3.1.2 Parallel Installations along the Interstate or Other Major Freeways/Expressways====&lt;br /&gt;
New parallel installations on the right of way may be permitted only where an outer roadway exists, provided that poles are within two feet (2&#039;) of the normal right of way line and underground utility facilities are within the utility corridor, and provided that the utility facility can be installed and maintained between the outer roadway and the right of way line. Existing overhead or underground utility facilities that parallel an existing roadway which will be incorporated into a completed highway as an outer roadway may remain in place if all maintenance and service can be performed from an outer roadway and the existing location does not interfere with construction, maintenance, or operation of the completed highway. If an existing parallel utility facility needs to be relocated so as to not interfere with the construction, maintenance, or operation of the completed interstate or other major freeway, poles may be located withing five feet (5’) of the right of way line.&lt;br /&gt;
&lt;br /&gt;
Underground utility facilities are expected to be buried within the utility corridor of sight distance triangles (SDTs) at roadway intersections unless granted a variance. Overhead utility facilities may be allowed to span intersecting roadways with SDTs provided the poles, or supports, are located outside the SDT.&lt;br /&gt;
&lt;br /&gt;
====643.1.3.1.3 Sanitary Sewers within the Right of Way of Interstates or Other Major Freeways/Expressways====&lt;br /&gt;
New installations of sanitary sewers should follow the applicable guidelines for either underground crossings or parallel installations as appropriate. Existing gravity trunk sanitary sewers should be considered individually and removed or left in place contingent upon its age, condition, feasibility of moving, and maintenance access. Encasement of existing trunk sewers left in place may be required for questionable condition, protection during construction, or heavy fills.&lt;br /&gt;
&lt;br /&gt;
Manholes should be relocated to the right of way lines or adjacent to an outer roadway.&lt;br /&gt;
&lt;br /&gt;
===643.1.3.2 Major Routes===&lt;br /&gt;
For structures carrying or over major routes, see [[#643.1.5_Bridge_Attachment_Policy|EPG 643.1.5]].&lt;br /&gt;
&lt;br /&gt;
====643.1.3.2.1 Major Routes with Partially Controlled Access Right of Way====&lt;br /&gt;
The installation of all utility facilities on highways with partially controlled access right of way are to be installed, serviced, and maintained without entering or leaving the roadway and ramps except at points approved by MoDOT for that purpose and without parking any equipment or storing materials upon the medians, roadway and ramps, or shoulders of the roadways. Cutting or damaging the pavement or paved shoulders is not permitted. Equipment or materials stored within the right of way must be protected by longitudinal barrier or be located outside the clear zone. New service connections to existing parallel utility facilities are to be permitted only where granted by the Commission.&lt;br /&gt;
&lt;br /&gt;
No utility facilities will be permitted within the interchange limits of an interchange between fully limited access highways where planned or existing. Utility facilities within the interchange limits of an interchange with a non-access controlled highway will be permitted only along the minor road, provided that all construction, service, and maintenance can be performed from the minor road. Manholes and poles must be located beyond the ramp termini.&lt;br /&gt;
&lt;br /&gt;
====643.1.3.2.2 Major Routes with Normal Access Right of Way====&lt;br /&gt;
All new utility facilities will be installed and maintained without cutting or damaging the pavement or paved shoulders except in the event underlying rock formations or other obstructions are encountered that prevent boring or pushing operations. A variance may be granted for pavement cuts when the need is established. Pavement cuts may only be made by permits issued when it is impractical to otherwise service and maintain the facility. The installation of all utility facilities is to be installed without parking any equipment or storing materials upon the medians, roadway and ramps, or shoulders of the roadways. Equipment or materials stored within the right of way must be protected by longitudinal barrier or be located outside the clear zone.&lt;br /&gt;
&lt;br /&gt;
====643.1.3.2.3 Utility Facilities Crossing Major Routes====&lt;br /&gt;
=====643.1.3.2.3.1 Overhead Crossings of Major Routes=====&lt;br /&gt;
Supports for utility facilities crossing overhead should be located as near the right of way line as possible. For major routes with controlled access right of way, new overhead service crossings may be permitted in isolated cases for residential or commercial establishments where the denial of such crossings would require the construction of more than 1,200 feet (1,200’) of utility line to provide the same service. For major routes with normal access right of way, there is no restriction on the placement of service crossings.&lt;br /&gt;
&lt;br /&gt;
=====643.1.3.2.3.2 Underground Crossings of Major Routes=====&lt;br /&gt;
Underground crossings of utility facilities are to be continuously encased under the pavement, medians, ramps, and shoulders with the casing extending to the toe of the fill slopes or to the ditch line. In curbed sections, encasement should extend outside the outer curb of the roadways a distance equal to the depth of the encasement at the curb line. Where installed by open trench through unpaved areas, detector tape should be placed approximately one foot (1&#039;) above the encasement. Where a major route has a parallel outer roadway, encasement should be continuous under all roadways within the right of way.&lt;br /&gt;
&lt;br /&gt;
Manholes or vent pipes are to be located at the right of way line or adjacent to the outer roadway.&lt;br /&gt;
&lt;br /&gt;
For fiber optic cable, encasement should extend from within six feet (6&#039;) of one right of way line to within six feet (6&#039;) of the other right of way line.&lt;br /&gt;
&lt;br /&gt;
Exceptions may be made for encasement as listed in [[#643.1.4.2_Exceptions_to_Encasement|EPG 643.1.4.2]].&lt;br /&gt;
&lt;br /&gt;
====643.1.3.2.4 Parallel Installations along Major Routes====&lt;br /&gt;
New parallel installations on the right of way may be permitted provided that poles are within two feet (2&#039;) of the normal right of way line and underground utility facilities are within the utility corridor. Existing overhead or underground utility facilities that parallel an existing roadway which will be incorporated into a completed highway may remain in place if all maintenance and service can be performed without entering or leaving the roadway except at approved access points; without parking equipment or storing materials on the median, pavement, ramps, or shoulders; and the existing location does not interfere with construction, maintenance, or operation of the completed highway. If an existing parallel utility facility needs to be relocated so as to not interfere with the construction, maintenance, or operation of the completed highway, poles may be located withing five feet (5’) of the right of way line.&lt;br /&gt;
&lt;br /&gt;
Existing steel pipe transmission and distribution facilities for gaseous petroleum products that parallel an existing roadway that will be incorporated into the completed roadway may be left in place subject to an agreement by the utility owner that maintenance or service and facility expansion will be performed without cutting or damaging the pavement or interfering with the construction, maintenance, and operation of the highway and provided that the facility is cathodically protected against corrosion and meets the applicable material requirements.&lt;br /&gt;
&lt;br /&gt;
Underground utility facilities are expected to be buried within the utility corridor of sight distance triangles (SDTs) at roadway intersections unless granted a variance. Overhead utility facilities may be allowed to span intersecting roadways with SDTs provided the poles, or supports, are located outside the SDT.&lt;br /&gt;
&lt;br /&gt;
====643.1.3.2.5 Sanitary Sewers within the Right of Way of Major Routes====&lt;br /&gt;
New installations of sanitary sewers should follow the applicable guidelines for either underground crossings or parallel installations as appropriate. An existing gravity trunk sanitary sewer should be considered individually and removed or left in place contingent upon its age, condition, feasibility of moving, and maintenance access. If an existing parallel gravity main is left in place within the limits of the paved surface, paved shoulder lines, or curb lines, stub mains as required will be laid between the sewer main and curb or shoulder lines for future service connections in each block. Manholes should be relocated outside the traveled roadway as near the right of way line as practical.&lt;br /&gt;
&lt;br /&gt;
===643.1.3.3 Minor Routes===&lt;br /&gt;
For structures carrying or over minor routes, see [[#643.1.5_Bridge_Attachment_Policy|EPG 643.1.5]].&lt;br /&gt;
&lt;br /&gt;
====643.1.3.3.1 Utility Facilities Crossing Minor Routes====&lt;br /&gt;
=====643.1.3.3.1.1 Overhead Crossings of Minor Routes=====&lt;br /&gt;
Existing overhead crossings that interfere with construction, maintenance, or operation should be relocated with their supports as near the right of way line as is practical. New overhead crossing installations should be located with their supports as near the right of way line as is practical.&lt;br /&gt;
&lt;br /&gt;
=====643.1.3.3.1.2 Underground Crossings of Minor Routes=====&lt;br /&gt;
All new utility facilities should be installed and maintained without cutting or damaging the pavement or paved shoulders. A variance may be granted for pavement cuts when servicing and maintaining the facility by any other methods is impractical. Pavement cuts may only be made by permits issued. Underground crossings of utility facilities are to be continuously encased under the pavement, medians, ramps, and shoulders with the casing extending to the toe of the fill slopes or to the ditch line. In curbed sections, encasement should extend outside the outer curb of the roadways a distance equal to the depth of the encasement at the curb line. Where installed by open trench through unpaved areas, detector tape should be placed approximately one foot (1&#039;) above the encasement.&lt;br /&gt;
&lt;br /&gt;
Manholes or vent pipes are to be located at the right of way line or adjacent to the outer roadway.&lt;br /&gt;
&lt;br /&gt;
For fiber optic cable, encasement should extend from within six feet (6&#039;) of one right of way line to within six feet (6&#039;) of the other right of way line.&lt;br /&gt;
&lt;br /&gt;
Exceptions may be made for encasement as listed in [[#643.1.4.2_Exceptions_to_Encasement|EPG 643.1.4.2]].&lt;br /&gt;
&lt;br /&gt;
====643.1.3.3.2 Parallel Installations along Minor Routes====&lt;br /&gt;
New parallel installations on the right of way may be permitted provided that poles are within two feet (2&#039;) of the normal right of way line and underground utility facilities are within the utility corridor. Existing overhead or underground utility facilities that parallel an existing roadway which will be incorporated into a completed highway may remain in place if all maintenance and service can be performed without entering or leaving the roadway except at approved access points; without parking equipment or storing materials on the median, pavement, ramps, or shoulders; and the existing location does not interfere with construction, maintenance, or operation of the completed highway. If an existing parallel utility facility needs to be relocated so as to not interfere with the construction, maintenance, or operation of the completed highway, poles may be located within five feet (5’) of the right of way line.&lt;br /&gt;
&lt;br /&gt;
Underground utility facilities are expected to be buried within the utility corridor of sight distance triangles (SDTs) at roadway intersections unless granted a variance. Overhead utility facilities may be allowed to span intersecting roadways with SDTs provided the poles, or supports, are located outside the SDT.&lt;br /&gt;
&lt;br /&gt;
====643.1.3.3.3 Sanitary Sewers within the Right of Way of Minor Routes====&lt;br /&gt;
New installations of sanitary sewers should follow the applicable guidelines for either underground crossings or parallel installations as appropriate. An existing gravity trunk sanitary sewer should be considered individually and removed or left in place contingent upon its age, condition, feasibility of moving, and maintenance access. If an existing parallel gravity main is left in place within the limits of the paved surface, paved shoulder lines, or curb lines, stub mains as required will be laid between the sewer main and curb or shoulder lines for future service connections in each block. Manholes should be relocated outside the traveled roadway.&lt;br /&gt;
&lt;br /&gt;
===643.1.3.4 Roundabouts===&lt;br /&gt;
Regardless of roadway type, it is desirable to avoid locating utility facilities and their access points within the circulatory roadway. If possible, utility facilities are located in the legs of the roundabout to allow for future maintenance and access at an isolated leg versus affecting the entire roundabout. See [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_5_TypicalLocationofUtilityFacilitiesnearRoundabouts_AOD.pdf EPG Figure 643.1.5] for an example.&lt;br /&gt;
&lt;br /&gt;
===643.1.3.5 Utility Facilities in Scenic Enhancement Areas===&lt;br /&gt;
All existing utility facilities within the limits of a scenic enhancement area requiring adjustment because of construction or reconstruction will be placed underground or relocated beyond the limits of the scenic enhancement area. No new above ground facilities will be permitted. New underground facilities will be permitted provided they do not extensively alter or impair the appearance of the area.&lt;br /&gt;
&lt;br /&gt;
==643.1.4 Installation of Utility Facilities==&lt;br /&gt;
The following sections provide information on the physical installation of utility facilities within highway right of way.&lt;br /&gt;
&lt;br /&gt;
===643.1.4.1 Minimum Cover for Underground Facilities===&lt;br /&gt;
The minimum cover for new underground utilities is:&lt;br /&gt;
* Forty-two inches (42”) for all water lines (parallel and crossings).&lt;br /&gt;
* Forty-two inches (42”) for fiber optic cable (crossings encased in rigid conduit).&lt;br /&gt;
* Seventy-two inches (72”) for fiber optic cable (crossings encased in polyethylene (PE) pipe).&lt;br /&gt;
* Thirty inches (30”) for direct burial and in trench fiber optic cable (parallel).&lt;br /&gt;
* Twenty-four inches (24”) for all other direct burial copper or coaxial cable, (parallel).&lt;br /&gt;
* Seventy-two inches (72”) for uncased polyethylene (PE) gas pipe crossings under ditches and roadways but thirty inches (30”) elsewhere.&lt;br /&gt;
* Thirty inches (30”) for all other (such as, but not limited to, gravity sewers, forced sewers, and electric) underground utilities (both parallel and crossing).&lt;br /&gt;
&lt;br /&gt;
===643.1.4.2 Exceptions to Encasement===&lt;br /&gt;
Exceptions may be made for encasement as follows:&lt;br /&gt;
* Non-fiber communication or electric cables installed in ducts.&lt;br /&gt;
* Welded steel pipelines carrying gaseous or liquid petroleum products - provided they are cathodically protected against corrosion, triple-coated in accordance with accepted pipeline construction standards, and meet applicable material requirements.&lt;br /&gt;
* Natural gas distribution pipe (nominal six-inch (6”) diameter maximum) of polyethylene (PE) plastic, traceable, installed by a horizontal bore method at a minimum depth of seventy-two inches (72”) under ditches and roadways, constructed in accordance with and meeting applicable material requirements.&lt;br /&gt;
* Gas service connections protected and constructed in accordance with and meeting applicable material requirements.&lt;br /&gt;
* Encasement is not required for new trunk sanitary sewer crossings of vitrified clay, reinforced concrete or cast iron except when installation procedures would produce voids in the roadbed, heavy fills, or installations under pressure.&lt;br /&gt;
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===643.1.4.3 Above Ground or Ground Level Appurtenances===&lt;br /&gt;
Appurtenances protruding more than four inches (4”) above the ground line should be located outside the clear zone. If no feasible alternative exists and if permitted by a variance, appurtenances may be allowed within the clear zone if they meet breakaway criteria or will be shielded by a traffic barrier. Good design practice will provide that appurtenances be located at right of way jogs, along intersecting road right of way, or at other similar acceptable locations, so that encroachment is held to an absolute minimum. Cables, wires, small diameter pipes, and other such utility appurtenances extending from the surface of the ground should be equipped with covers or guards to improve their visibility. Appurtenances within sidewalks or street level pedestrian access routes are to be in conformance with the Americans with Disabilities Act requirements.&lt;br /&gt;
&lt;br /&gt;
The maximum pull box width perpendicular to the right of way line within the utility corridor is thirty inches (30”).&lt;br /&gt;
&lt;br /&gt;
===643.1.4.4 Overhead Utility Facilities===&lt;br /&gt;
The vertical clearance of new or existing overhead installations will not be less than the current minimum requirements of the National Electric Safety Code, but in no case less than eighteen feet (18’) inclusive of sag above the groundline for electrical facilities. Clearance may be reduced for overhead installations of cable, telephone, or fiber optic facilities.&lt;br /&gt;
A minimum radial clearance of twenty-five feet (25’) is provided from any utility facility to the nearest part of any bridge structure. A minimum radial clearance of ten feet (10’) is provided from the nearest charged electrical line to a MoDOT signal, lighting, ITS, or overhead sign structure.&lt;br /&gt;
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===643.1.4.5 Approved Materials===&lt;br /&gt;
Utility owners are allowed to use any material for underground utility facilities including carrier and encasement provided they accept responsibility for any future repairs and/or replacement of damaged MoDOT facilities should a failure occur. This will allow the use of current technology and procedures to provide the best value to its subscribers and the taxpayers of Missouri. For materials that MoDOT also uses in its highway system, utility owners must provide materials that meet the current [https://www.modot.org/missouri-standard-specifications-highway-construction Missouri Standard Specifications for Highway Construction]. For materials not listed in the Missouri Standard Specifications for Highway Construction, the utility owner should provide documentation of the standards used to determine suitability of the material.&lt;br /&gt;
&lt;br /&gt;
===643.1.4.6 Cutting===&lt;br /&gt;
In the event permission is granted to cut an existing concrete or asphalt pavement or sidewalk, the appropriate provisions below should be followed.&lt;br /&gt;
&lt;br /&gt;
====643.1.4.6.1 Pavement====&lt;br /&gt;
All pavement cuts should be made with a saw to the full depth of the pavement. The width of the cut is typically determined by the width of the trench plus a minimum one foot (1’) on each side of the trench. In the event the distance to any adjacent longitudinal or transverse joint or crack is less than four feet (4’), the pavement must be removed to the joint or crack. Cuts for perpendicular service tie-ins should be a minimum of three feet (3’) wide. Longitudinal main installations are typically cut at a minimum of half the lane width, but in no instance should the cut be along the wheel path of the lane.&lt;br /&gt;
[[File:fig_643.1.6-06_2026.jpg|800px|none|thumb|Figure 643.1.6 Pavement Repair Dimension Requirements.]]&lt;br /&gt;
&lt;br /&gt;
The utility facilities should be placed in a location with the least impact to the roadway. Typically, this leads to placement in the shoulder when available followed by the two-way left turn lane (TWLTL), and then outside lanes before allowing placement in interior through lanes. Lane switching should be kept to a minimum and should not be used to minimize repair sizes. Cuts for mains or service leads that may not be perpendicular to the roadway should be squared-off.&lt;br /&gt;
&lt;br /&gt;
Replacement of cut pavement should be full depth concrete in accordance with the current version at the time of installation of Section 613.10 Full Depth Pavement Repairs of the Missouri Standard Specifications for Highway Construction and the Missouri Standard Plans for Highway Construction. If the area of the pavement repair is not to be fully resurfaced all joints including the overcut from the sawing operation should be filled with an expansive mortar, epoxy, polyester, or joint material as approved by the Engineer in accordance with Section 1057 of the Missouri Standard Specifications for Highway Construction.&lt;br /&gt;
&lt;br /&gt;
====643.1.4.6.2 Pedestrian Access Routes====&lt;br /&gt;
All cuts in the pedestrian access routes whether asphalt or concrete should be made by saw and be the full depth of the material. Entire slabs of concrete sidewalk should be removed. Repair of the pedestrian access route must meet Americans with Disability Act requirements, see [[:Category:642_Pedestrian_Facilities|EPG 642]]. Cuts through curb ramps or detectable warning areas are not permitted. Rather the entire curb ramp or detectable warning area must be removed and replaced. MoDOT district ADA contacts can help ensure ADA compliance of impacted pedestrian access routes.&lt;br /&gt;
&lt;br /&gt;
===643.1.4.7 Non-disturbance Areas===&lt;br /&gt;
MoDOT has certain areas of right of way where mowing, spraying, digging, or other vegetation disturbance activities are restricted. These areas have been established to mitigate the environmental impacts of a previous project and should be avoided. If the areas cannot be avoided, contact MoDOT’s Environmental Section.&lt;br /&gt;
&lt;br /&gt;
==643.1.5 Bridge Attachment Policy==&lt;br /&gt;
No utility facility will be permitted in or on a structure carrying an interstate or other freeway unless it is part of a federal requirement or for MoDOT’s use. When the structure carries any other road type and no other practical means exists for the crossing, wires (communication, electrical, fiber, or metal) will be permitted. Electrical lines must be located to cause minimum exposure to MoDOT maintenance personnel and the public. Pressurized pipelines for gas or other petroleum products and water and all sewer lines are prohibited on all structures due to the risks associated with their failure.&lt;br /&gt;
&lt;br /&gt;
===643.1.5.1 Agreement===&lt;br /&gt;
An agreement is required for all utility facilities attached to any structure. A charge will be made for the increased maintenance costs involved. This fee is set by the Bridge Division. When permitted, a 50-year occupational agreement is executed with the utility owner. Agreement BR04 Utility Attachment Agreement is used when an attachment is added to a bridge during its construction. Agreement BR09 Bridge Attachment Agreement is used when an attachment is added to an existing bridge.&lt;br /&gt;
&lt;br /&gt;
===643.1.5.2 Requests===&lt;br /&gt;
Requests to attach facilities to structures is a multi-step process. Bridge Division is responsible for approval of the bridge attachment. If at any point in the process, Bridge Division determines the attachment to be unacceptable, a reason is to be provided.&lt;br /&gt;
&lt;br /&gt;
To start, the utility owner submits a conceptual request to the district utilities staff. The conceptual request consists of an explanation of the proposal; a general location sketch (i.e., which side of the bridge); and details on the facility, length, and weight per foot when full. The district utilities staff should work with all relevant district personnel including the District Bridge Engineer in reviewing and recommending the attachment. The district utilities staff will submit the recommended details to the Bridge Division to determine the applicable costs including future maintenance costs and for attachments to new bridges, design and construction. Once the Bridge Division has determined the cost, the district utilities staff shares the cost with the utility owner for their concurrence with furthering the process. For new bridges, if the utility owner concurs with the costs, the district utility staff will prepare the BR04 Agreement for execution by the utility owner and the Commission. MoDOT will be responsible for the design and construction of attachments to new bridges. For existing bridges, the district utilities staff will forward the applicable as-built bridge plans to the utility owner for its use in designing the bridge attachment. The utility owner will provide detailed design drawings, signed and sealed by a professional engineer in the State of Missouri, to the district utilities staff for review. The district utilities staff should work with all relevant district personnel, including the District Bridge Engineer, in reviewing and recommending the details of the attachment to the Bridge Division. Once Bridge Division approves, the Bridge Division will prepare the BR09 Agreement for execution by the utility owner and the Commission. The utility owner is responsible for the construction of attachments to existing bridges. A flow chart, [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_7_BridgeAttachementProcess_AOD.pdf EPG Figure 643.1.7], of the process is available.&lt;br /&gt;
&lt;br /&gt;
Payment from the utility owner for the attachment will be sent to Financial Services by district utilities staff. For BR04 agreements, district utilities staff should discuss with Financial Services how to get the payment credited to the project constructing the attachment. For BR09 agreements, district utilities staff should copy Bridge Division on correspondence with Financial Serves. Checks should be made payable to Director of Revenue, Credit State Road Fund.&lt;br /&gt;
&lt;br /&gt;
For requests from government entities such as cities, counties, and other municipalities, the requested information should be submitted to Bridge Division as described above. However, the district utilities staff will take the lead in preparing the DE10 County Agreement or DE11 Municipal Agreement, as applicable, with input from Bridge Division and Bridge Maintenance. All fees are waived for government entities.&lt;br /&gt;
&lt;br /&gt;
===643.1.5.3 Considerations===&lt;br /&gt;
The following considerations are made in determining the acceptability of a bridge attachment. Unique situations will be discussed with the Bridge Division as required.&lt;br /&gt;
&lt;br /&gt;
====643.1.5.3.1 Bridge Asset Management Program====&lt;br /&gt;
Requests for bridge attachments should be reviewed for consistency with the district’s upcoming bridge asset management program needs. If a structure is due for rehabilitation or replacement in the near future, information should be provided to the utility owner indicating existing remaining life of the bridge. In some instances, it may be in MoDOT’s best interest to deny the request for attachment outright. In some instances, the utility owner may still choose to pursue the short-term attachment to the existing structure. In almost all cases, the utility owner is responsible for the cost of removing and/or relocating their utility facilities for a necessary repair, widening, improvement or reconstruction of the structure. Review existing agreements for cost responsibility for current attachments.&lt;br /&gt;
&lt;br /&gt;
====643.1.5.3.2 Aesthetics====&lt;br /&gt;
In reviewing a request for a bridge attachment, how the structure is viewed by the public will be considered. For example, is the structure over a scenic stream that is extensively used by canoeists, or does the structure span a road that may provide access to a park, campgrounds, or boat launching facilities? Is the structure a grade separation where the motoring public will see the attachment before they pass under it?&lt;br /&gt;
&lt;br /&gt;
====643.1.5.3.3 Method of Attachment====&lt;br /&gt;
In order to maintain structural integrity of any structures the following requirements will apply for attachments.&lt;br /&gt;
&lt;br /&gt;
=====643.1.5.3.3.1 Welding=====&lt;br /&gt;
Welding of hardware to structural steel members (i.e., flanges, webs, stiffeners, and diaphragms) whether in tension or compression is not permitted.&lt;br /&gt;
&lt;br /&gt;
=====643.1.5.3.3.2 Drilling=====&lt;br /&gt;
Drilling holes in any structural steel member is not permitted. Drilling holes for anchors into any prestressed concrete member is not permitted. Although permitted, drilling holes for anchors into the underside of bridge decks must be done with caution. It is recommended all anchors be installed to miss deck reinforcing steel. Generally, drilling into decks will not be allowed where sonotubes were used (voided slab bridges). The depth of the holes should be such that breaking out of the concrete on the top side of the deck does not occur.&lt;br /&gt;
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=====643.1.5.3.3.3 Corrosion=====&lt;br /&gt;
Attachment hardware will be new, properly coated to prevent corrosion or be of a non-corrosive material, and be designed to support the facility.&lt;br /&gt;
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====643.1.5.3.4 Location====&lt;br /&gt;
In general, attachments are made on the underneath side of the bridge deck. The condition of the bridge deck will dictate the location of the attachment supports. An exception may be attachments to trusses or other overhead structures.&lt;br /&gt;
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Attachments that may require manholes in bridge decks are not allowed.&lt;br /&gt;
&lt;br /&gt;
When attachments are required to structures over streams that may carry large drifts, they must be attached to the downstream side of the structure and above the lowest superstructure element. It is preferred to locate the attachment on the outside of the exterior girder. If aesthetics are a concern, a better appearance can be achieved by having the attachment made to the inside of the exterior girder and above the bottom of the lower flange to hide the conduit and the attaching hardware.&lt;br /&gt;
&lt;br /&gt;
Placement of utilities must not prevent the removal of old paint, the application of new paint on superstructure steel, or cause debris buildup, which could cause structural deterioration.&lt;br /&gt;
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====643.1.5.3.5 Construction and Maintenance====&lt;br /&gt;
If the attachment cannot be built while maintaining one (1) lane of traffic on the structure, it will not be allowed.&lt;br /&gt;
&lt;br /&gt;
Construction procedures that severely impact traffic may factor into the allowable location of the attachment on the structure.&lt;br /&gt;
&lt;br /&gt;
When scaffolding is to be attached or supported by bridge rails, bridge superstructure, or bridge substructure, the procedures for construction of the attachment must be reviewed.&lt;br /&gt;
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The utility owner or local entity will pay for, or be responsible for, the painting of the attachment, if necessary, when the bridge requires painting.&lt;br /&gt;
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==643.1.6 Private Lines==&lt;br /&gt;
Private lines are permitted to cross the right of way of a highway in the same manner as outlined for all utility facilities in above sections of this article. Parallel installations along the right of way of a highway are not permitted. Special conditions at a specific location that make adherence to this policy impractical will be submitted to the Chief Engineer for consideration of an acceptable alternative. In certain situations, it may be necessary to obtain approval from the Federal Highway Administration (FHWA) before approval to use the alternative can be given to the private utility owner.&lt;br /&gt;
&lt;br /&gt;
==643.1.7 Water and Sewer Separations==&lt;br /&gt;
The Missouri Department of Natural Resources (MoDNR) Safe Drinking Water Commission via 10 CSR 60-10 and Clean Water Commission via 10 CSR 20-8 govern the design of water and sewer lines in the vicinity of one another. Basic criteria are outlined below for information, and details are contained within the regulations. MoDOT is not responsible for providing or acquiring adequate right of way for utility owners to comply with MoDNR requirements.&lt;br /&gt;
&lt;br /&gt;
===643.1.7.1 Line Separations===&lt;br /&gt;
====643.1.7.1.1 Horizontal====&lt;br /&gt;
Sanitary and storm sewers are to be laid at least ten feet (10’) horizontally measured from outside edge to outside edge from any existing or proposed water main. In cases where it is not practical to maintain ten feet (10’) of separation, installation of the water main closer to the sewer is acceptable where the water main is installed in a separate trench or on an undisturbed earth shelf located on one (1) side of the sewer at an elevation so the bottom of the water main is at least eighteen inches (18”) above the top of the sewer.&lt;br /&gt;
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===643.1.7.2 Crossings===&lt;br /&gt;
Water mains are to be laid to provide a minimum vertical distance of eighteen inches (18”) vertically measured outside edge to edge from sanitary or storm sewers. This is the case whether the water main is above or below the sewer. One (1) full length of water pipe must be located so both joints will be as far from the sanitary or storm sewer line as possible. Special structural support for the water main or sanitary or sewer main may be required.&lt;br /&gt;
&lt;br /&gt;
===643.1.7.3 Exception===&lt;br /&gt;
When it is impossible to obtain proper horizontal and vertical separation as stipulated, the sewer will be designed and constructed equal to water pipe and will be pressure-tested to assure it is watertight prior to backfilling.&lt;br /&gt;
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===643.1.7.4 Water Supply Interconnections===&lt;br /&gt;
No physical connection is permitted between a public or private potable water supply system and any sanitary or storm sewer or appurtenance that would permit the passage of any sewage or polluted water into the water supply. No water pipe is permitted to pass through or come in contact with any part of a sanitary sewer manhole.&lt;br /&gt;
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===643.1.7.5 Water Works Structures===&lt;br /&gt;
Sewers are not permitted to be installed within fifty feet (50’) in any direction from any existing or proposed public water supply well or other water supply sources or structures.&lt;br /&gt;
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==643.1.8 Variances==&lt;br /&gt;
Occasionally, it is impractical to locate a utility facility in accordance with requirements outlined in this article. MoDOT may consider a utility owner’s request for a variance from these requirements on a case-by-case basis. The utility owner should complete a [https://epg.modot.org/forms/general_files/DE/UtilityVarianceApprovalForm.docx Utility Variance Approval Form] to be submitted to MoDOT for consideration. Variances on the Interstate System require approval of the Federal Highway Administration (FHWA). A flow chart, [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_8_VarianceApprovalProcess.pdf EPG Figure 643.1.8], of the variance process is available.&lt;br /&gt;
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A variance will not be permitted just for the convenience of the utility owner. The utility owner requesting a variance must provide all necessary information to properly evaluate if a variance should be approved. For example, a utility owner requesting a variance because “the utility corridor is full” must explore all reasonable options. It is suggested that the requestor pothole the existing utility corridor to confirm the location of existing utility facilities and provide that data to support the need to locate outside of the utility corridor due to its congestion.&lt;br /&gt;
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===643.1.8.1 Variance Process===&lt;br /&gt;
Any utility owner of a public utility facility may apply for a variance. The process for requesting a variance is as follows:&lt;br /&gt;
&lt;br /&gt;
====643.1.8.1.1 Submittal Requirements====&lt;br /&gt;
Utility owners submit to the district utilities staff a written request for a variance using the [https://epg.modot.org/forms/general_files/DE/UtilityVarianceApprovalForm.docx Utility Variance Approval Form]. The utility owner must clearly show the provision(s) or guideline(s) for which the variance is being requested; the condition(s) which the utility owner believes warrant(s) the granting of a variance; a thorough explanation of the reason(s) for the requested variance, including sufficient and appropriate documentation of safety, aesthetic, or constructability constraints that would be adverse to the function, access, or maintenance of the utility facility and not in the best interest of the public.&lt;br /&gt;
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====643.1.8.1.2 MoDOT Consideration of Variance Request====&lt;br /&gt;
The utility owner bears full responsibility for demonstrating to MoDOT’s satisfaction that the variance is the most appropriate way to serve the public interest. MoDOT may present to the utility owner and the utility owner must consider reasonable alternatives to the variance requested by the utility owner. In determining whether to grant a variance, district utilities staff will consider all relevant factors including, but not limited to: the requested variance is reasonably necessary for the convenience, safety, health, and/or welfare of the public; there is an exceptional or undue burden or hardship on the specific applicant; a physical impracticability that would result from the applicant’s adherence to the normal location requirements; and the requested variance will not impair the safe construction, maintenance, operation, and safety of public travel on the highway. District utilities staff may consult with the Design Liaison Engineer in evaluating variances.&lt;br /&gt;
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====643.1.8.1.3 Approval of Variances====&lt;br /&gt;
Once district utilities staff have agreed to accept a variance proposed by the utility owner, the [https://epg.modot.org/forms/general_files/DE/UtilityVarianceApprovalForm.docx Utility Variance Approval Form] and all supporting documentation is sent to the District Design Engineer (DDE) for approval. If a variance is on interstate right of way, the DDE-signed Variance Request Form and all supporting documentation is forwarded to the Design Liaison Engineer who will forward to FHWA for their concurrence.&lt;br /&gt;
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====643.1.8.1.4 Variance Appeal Informal Hearing====&lt;br /&gt;
If denied a variance, the utility owner has thirty (30) calendar days to request an informal hearing for the purpose of appealing the denial. Requests must be made in writing to the State Design Engineer, Missouri Department of Transportation, P.O. Box 270, Jefferson City, MO 65102. If the utility owner requests an informal hearing, MoDOT’s authorized representative will advise the applicant of the time, date, and place of the hearing. The hearing is not a contested case under RSMo 536. The rules of evidence will not apply at the hearing, and MoDOT’s decision after the conduct of the hearing is not subject to further appeal.&lt;br /&gt;
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==643.1.9 Excess Right of Way==&lt;br /&gt;
Prior to conveyance of excess right of way, the status of utility facilities within said parcel must be addressed. See [[236.5_Property_Management#236.5.12_Excess_Land_Conveyances_&amp;amp;_Relinquishments_–_Regulated_Utilities|EPG 236.5.12]].&lt;br /&gt;
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==643.1.10 Broadband==&lt;br /&gt;
Broadband development in the state of Missouri is handled by the Department of Economic Development (DED). MoDOT shares its approved Statewide Transportation Improvement Program (STIP) project list with DED. All MoDOT policies related to placement of utility facilities within Commission right of way as outlined in this EPG 643.1 are to be followed.&lt;br /&gt;
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&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643.2 Utilities in Program Delivery &#039;&#039;PAGE TITLE&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt; &lt;br /&gt;
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==643.2.1 Introduction==&lt;br /&gt;
Improvements to the highway system often require negotiation between the Commission and a city, a county, or a public or private utility owner. The Commission’s district utilities staff is responsible for coordination of highway improvement projects with the utility owner’s representative. The impact to a utility, the responsibility for the cost of adjustments necessary to allow highway construction, the plan of adjustment of the utility, the responsibility of performance of work on utility facilities, and the schedule of the utility adjustment are all items that vary depending on the project and should be investigated and negotiated to ensure highway improvement projects are delivered on-time and on-budget. These should comply with Commission policy. A [https://epg.modot.org/forms/general_files/DE/flowchart.pdf flowchart] outlining all the utility adjustment processes (reimbursable and non-reimbursable relocations, Master Reimbursable Utility Agreements and Project Specific Agreements, etc.) are available in the list of figures at the top of the page. These processes will not always be in combination, but each should be considered with each project.&lt;br /&gt;
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The district utilities staff, in conjunction with the Transportation Project Manager (TPM), is expected to invite and encourage participation of utility owner representatives in MoDOT project meetings as needed.&lt;br /&gt;
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When a project involves utility adjustments for which the Commission is responsible for costs, the TPM should program the costs of the utility adjustments as non-contractual construction costs in the STIP Information Management System (SIMS).&lt;br /&gt;
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==643.2.2 Annual Utility Meeting==&lt;br /&gt;
Each district should hold an annual meeting with utilities to discuss current STIP projects in the district. The annual meeting should be held during each year&#039;s STIP preparations, ideally between January and May. All utility owners that have utility facilities in the district should be invited. The intent is to provide the utility owners with an idea of upcoming projects to allow them the opportunity to plan and budget for potential adjustments of their utility facilities, identify both MoDOT and utility roadblocks, and develop action plans to complete utility adjustments better, faster, and cheaper.&lt;br /&gt;
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==643.2.3 Determination of Existing Utilities==&lt;br /&gt;
District utilities staff should determine the appropriate level of effort needed to accurately identify existing utilities within the footprint of a proposed highway construction project. Aboveground utilities are easily identifiable via field checks; however, determination of the precise location of underground utilities can be more challenging and time consuming. Therefore, the district utilities staff should balance the risk of conflict with the highway construction project against the level of effort needed to determine the location.&lt;br /&gt;
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The level of effort on mapping utilities is dependent on the scope of the project and the potential for utilities having an impact on the construction of the project. The project schedule should include the time to complete this task accurately. The time and effort necessary for having accurate locates requires close interaction with the utility locators. Early contact with utility owner representatives may be necessary to accurately locate underground utility facilities.&lt;br /&gt;
&lt;br /&gt;
Various methods of determining existing underground utilities result in different levels of quality. ASCE Standard 38 Standard Guidance for Investigating and Documenting Existing Utilities classifies four levels of quality:&lt;br /&gt;
:1. Quality Level D: QL-D is the most basic level of information for utility locations. It comes solely from existing utility records or verbal recollections, both typically unreliable sources. It may provide an overall &amp;quot;feel&amp;quot; for the congestion of utilities but is often highly limited in terms of comprehensiveness and accuracy. QL-D is useful primarily for project planning and route selection activities.&amp;lt;br&amp;gt;&lt;br /&gt;
: ● Missouri 811 or “private-locate” markings are to be considered to be QL-D.&lt;br /&gt;
:2. Quality Level C: QL-C is probably the most used level of information. It involves surveying visible utility facilities (e.g., manholes, valve boxes, etc.) and correlating this information with existing utility records (QL-D information). When using this information, it is not unusual to find that many underground utilities have been either omitted or erroneously plotted. Therefore, its usefulness is primarily on rural projects where utilities are not prevalent or are not too expensive to repair or relocate.&lt;br /&gt;
:3. Quality Level B: QL-B involves the application of appropriate surface geophysical methods to determine the existence and horizontal position of virtually all utilities within the project limits. This activity is called &amp;quot;designating&amp;quot;. The information obtained in this manner is surveyed to project control. It addresses problems caused by inaccurate utility records, abandoned or unrecorded utility facilities, and lost references. The proper selection and application of surface geophysical techniques for achieving QL-B data is critical. Information provided by QL-B can enable the accomplishment of preliminary engineering goals. Decisions regarding location of storm drainage systems, footers, foundations, and other design features can be made to avoid conflicts with existing utilities. Slight adjustments in design can produce substantial cost savings by eliminating utility relocations.&lt;br /&gt;
:4. Quality Level A: QL-A, also known as &amp;quot;locating or potholing&amp;quot;, is the highest level of accuracy presently available and involves the full use of the subsurface utility engineering services. It provides information for the precise plan and profile mapping of underground utilities through the nondestructive exposure of underground utilities, and provides the type, size, condition, material, and other characteristics of underground features.&lt;br /&gt;
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For projects with scopes that have potential for utility conflicts, the minimum level of effort required is SUE Quality Level D. Locations of existing utilities are determined by requesting locates through Missouri 811, also known as the “One-Call” process. Missouri 811 locating requests should be carefully considered for the scope of work of the project. When necessary, the location of existing utilities should be established by a field survey of locate markings and features and shown on the roadway plans. Higher level SUE Quality Levels can be used on any project. Adjustment cost savings, whether to the MoDOT or to the utility owner, are beneficial to the taxpayer. Good SUE projects are typically urban in nature, or in congested areas, where the project footprint is to be minimized, or anytime accurate vertical and horizontal location of the utility facility might allow a design to avoid the utility facility thus preventing the need for the adjustment. The SUE process combines civil engineering, surveying, and geophysics. It utilizes several technologies, including vacuum excavation and surface geophysics.&lt;br /&gt;
&lt;br /&gt;
When proposed excavation or installation of subsurface features (drainage, equipment bases, etc.) falls within three feet (3’) of a marked Missouri 811 line, soft digging (hand digging, potholing, vacuum methods, pressurized air/water jetting, pneumatic hand tools, etc.) is required to more exactly locate the utility facility both horizontally and vertically. Utility facilities present within the right of way by permit, should be investigated by the utility owner. Utility facilities that would be reimbursable or partially reimbursable as defined in EP 643.2.8 will be investigated by MoDOT.&lt;br /&gt;
&lt;br /&gt;
==643.2.4 Conflict Determination==&lt;br /&gt;
Determination of whether a conflict exists between an existing utility facility and a proposed highway improvement project should occur at the earliest possible stage of project development. A conflict may be the result of the physical interaction between the roadway infrastructure and utility facility, a reduction in cover or increase in fill over underground utilities, a reduction in horizontal clearance whether above or below ground, a reduction in overhead vertical clearance, paving over utilities, or restricting a utility owner’s access to its utility facilities. District utilities staff should work with utilities to determine if a conflict exists and the appropriate plan of adjustment to remedy the conflict. The adjustment to the utility may be a relocation or another measure that protects the utility or access to the utility from the proposed highway improvement project. Determination of a conflict needs to be continually re-evaluated as the project design progresses. Continuing coordination is essential.&lt;br /&gt;
&lt;br /&gt;
==643.2.5 Utility Plan of Adjustment==&lt;br /&gt;
===643.2.5.1 Request for Plan of Adjustment===&lt;br /&gt;
District utilities staff will request a plan of adjustment from utility owners whose utility facilities are in conflict with a proposed highway project. The plan of adjustment may consist of efforts to relocate the utility or otherwise protect a utility from the impacts of the proposed highway project. Utilities are shown on the roadway plan and profiles sheets that are furnished to utility owners for use in planning required utility adjustments. Any other sheets such as drainage, traffic signal, lighting, or ITS plans that show impacts to a utility facility should also be provided to the utility owners. All adjustments, reimbursable or not, require a plan of adjustment furnished by the utility owner.&lt;br /&gt;
&lt;br /&gt;
A transmittal letter is included in the request for a plan of adjustment. The letter informs the utility owner that regardless of whether an adjustment is reimbursable, no physical adjusting or relocating of their utility facilities to accommodate the proposed highway improvement is to be performed without specific approval and authorization. Additionally, if any part of the adjustment has the potential to be reimbursable, they are advised:&lt;br /&gt;
# They may undertake preliminary engineering by their own forces upon approval by district utilities staff of the estimated costs of preliminary engineering.&lt;br /&gt;
# They may employ a consultant to do the PE work provided they request and obtain prior approval. See [[#643.2.6_Preliminary_Engineering_Requirements|EPG 643.2.6 Preliminary Engineering Requirements]].&lt;br /&gt;
# Any preliminary engineering costs accrued prior to the date of written authorization to proceed will not qualify for reimbursement.&lt;br /&gt;
# Replacement right of way or easements cannot be purchased without specific approval and authorization.&lt;br /&gt;
&lt;br /&gt;
===643.2.5.2 Proposed Plan of Adjustment===&lt;br /&gt;
Developing a plan of adjustment is a multi-step process. The utility owner will propose a conceptual approach to adjusting the utility facilities to allow highway construction. This conceptual approach is used as the basis for determining cost responsibility, estimate of costs for preliminary engineering and construction, developing the agreement if necessary, and final design of the adjustment. Negotiations between district utility staff and the utility owner’s representative can result in changes to the design throughout the process.&lt;br /&gt;
&lt;br /&gt;
Final plans of adjustment must contain a legend on the first sheet identifying the utility symbols used. They must also show the existing utility facilities and their disposition, the location of the new or adjusted utility facilities, the existing and new right of way lines, the limited or fully controlled access symbols (where applicable), the existing and proposed roadways, ramps, and outer roadways and any other pertinent roadway information. They must contain sufficient details concerning location, elevation, compaction, clean up, etc. to provide for the proper adjustment of the utility facility. Relocated and/or existing utility facilities that will remain in place must be dimensioned or indicated in a manner to show their location in respect to the right of way lines. It is preferred that the utility owner transmits the plan of adjustment by electronic deliverables in a format that can be incorporated into the roadway plans. This will reduce the time and effort necessary as well as increase the accuracy of transferring this information into the roadway plans.&lt;br /&gt;
&lt;br /&gt;
Plans of adjustment received from the utility owner are to be checked for compliance with MoDOT’s requirements ([[#643.1_Utilities_Location|EPG 643.1 Utility Location]]) by the district utilities staff. They are also checked to ensure compatibility with the roadway design. Any continuing conflicts are resolved through negotiations with the utility owner.&lt;br /&gt;
&lt;br /&gt;
Occasionally, it is impractical to perform a utility adjustment in accordance with MoDOT’s requirements. Sometimes the utility may request approval of a plan of adjustment that does not conform to these requirements. Deviation from MoDOT’s utility requirements is a variance. Refer to [[#643.1.8_Variances|643.1.8 Variance Process]] for additional guidance.&lt;br /&gt;
The final plan of adjustment is included as Exhibit “A” to the agreement ([[#643.2.12_Utility_Agreements|EPG 643.2.12 Agreements]]).&lt;br /&gt;
&lt;br /&gt;
==643.2.6 Preliminary Engineering Requirements==&lt;br /&gt;
Preliminary engineering (PE) can be performed one of four ways for utility adjustments:&lt;br /&gt;
# The utility owner can use its own engineering forces.&lt;br /&gt;
# MoDOT can select an engineering consultant, after consultation with the utility owner, and the consultant contract will be administered by MoDOT.&lt;br /&gt;
# The utility owner can select an engineering consultant, with approval by MoDOT, and the consultant contract will be administered by the utility owner.&lt;br /&gt;
# If a utility adjustment is being included in a MoDOT administered construction contract, the preliminary engineering of the adjustment can be provided by MoDOT.&lt;br /&gt;
&lt;br /&gt;
For reimbursable utility adjustments, the amount paid to engineers, architects, and others for required engineering and allied services can be included in reimbursement amount provided such amounts are not based on a percentage of the costs of the necessary adjustments to allow highway construction. Reimbursement is available for contracts executed after solicitation of a consultant for the specific adjustment or existing continuing contracts when it is demonstrated that such work is performed regularly for the utility owner in its own work and that the costs are reasonable.&lt;br /&gt;
&lt;br /&gt;
A [https://epg.modot.org/forms/general_files/DE/UtilityConsultantContractChecklist.docx checklist is available for reviewing consultant-engineering contracts] to ensure the contract conforms to MoDOT policy and complies with applicable federal regulations. District utilities staff should use the checklist to review contracts and may consult with Audits and Investigations Division as necessary. The procedures in 23 CFR part 172, Administration of Engineering and Design Related Service Contracts may be used as a guide for reviewing proposed consultant contracts. [[:LPA:136.4_Consultant_Selection_and_Consultant_Contract_Management|EPG 136.4 Consultant Selection and Consultant Contract Management]] may also be used as a guide.&lt;br /&gt;
&lt;br /&gt;
===643.2.6.1 Solicited Consultant Contracts===&lt;br /&gt;
If solicitation of PE services is required for reimbursable utility adjustments, the utility owner must provide the following documents and information to district utilities staff. These documents need to be provided as soon as the utility owner has chosen to solicit a consultant. Document 1 must be supplied by all utility owners. Documents 2 and 3 are only required when the utility owner is a local government agency who is also a political subdivision of the state of Missouri (e.g., city-owned utilities, county-owned utilities). All other utility owners are encouraged, but not required, to provide Documents 2 and 3:&lt;br /&gt;
# A statement that the utility owner is not staffed or able to perform the required PE services with its own forces.&lt;br /&gt;
# Provide the names of at least three (3) consultants considered.&lt;br /&gt;
# The criteria used to evaluate each consultant and reasons why the selected consultant was selected.&lt;br /&gt;
&lt;br /&gt;
The following documents need to be provided as soon as the utility owner has successfully negotiated and entered into a contract with the consultant:&lt;br /&gt;
# The name and address of the selected consultant.&lt;br /&gt;
# A statement that the &amp;quot;[https://epg.modot.org/forms/general_files/DE/CertificationOfConsultant.docx Certification of Consultant]&amp;quot; will be furnished immediately upon award of the contract to the consultant.&lt;br /&gt;
# One executed copy of the proposed engineering contract or agreement between the utility owner and consultant, only if the engineering will exceed $5,000.00.&lt;br /&gt;
# The consultant&#039;s fixed (lump sum) or estimated fee (actual cost) and the contract maximum.&lt;br /&gt;
# A cost summary providing a detailed breakdown of the basis for the consultant&#039;s compensation, including estimated labor hours, hourly rates for each classification, overhead rate (if used), the amount of profit charged, and any other estimated charges such as travel expenses, equipment rentals, etc. If an overhead rate is used, the consultant must also submit the supporting overhead rate calculations.&lt;br /&gt;
# An independent cost estimate of engineering services provided by the utility owner to use in comparison to the consultant’s proposed engineering services to check for cost reasonableness.&lt;br /&gt;
&lt;br /&gt;
===643.2.6.2 Continuing Consultant Contracts===&lt;br /&gt;
When a utility owner chooses to use an existing continuing contract for PE services, the utility owner must provide the following documents and information to the district utilities staff as soon as possible.&lt;br /&gt;
# A statement that the utility owner is not staffed or able to perform the engineering with its own forces.&lt;br /&gt;
# The name and address of the consultant under the existing continuing contract.&lt;br /&gt;
# A statement that the &amp;quot;[https://epg.modot.org/forms/general_files/DE/CertificationOfConsultant.docx Certification of Consultant]&amp;quot; will be furnished.&lt;br /&gt;
# A copy of the continuing contract to the district utilities staff. The district utilities staff will review the contract for reasonableness of cost.&lt;br /&gt;
# The consultant&#039;s fixed (lump sum) or estimated fee (actual cost) and the contract maximum for the work associated with the utility adjustment.&lt;br /&gt;
# A cost summary providing a detailed breakdown of the basis for the consultant&#039;s compensation, including estimated labor hours, hourly rates for each classification, overhead rate (if used), the amount of profit charged, and any other estimated charges such as travel expenses, telephone, etc. If an overhead rate is used, the consultant must also submit the supporting overhead rate calculations.&lt;br /&gt;
# An independent cost estimate of engineering services provided by the utility owner to use in comparison to the consultant’s proposed engineering services to check for cost reasonableness.&lt;br /&gt;
&lt;br /&gt;
===643.2.6.3 Consultant Contract Changes===&lt;br /&gt;
If a PE services contract between a utility owner and a consultant needs to be revised, a copy of the revised contract, fee, and schedule should be submitted by the utility owner to the district utilities staff prior to allowing for contract changes. District utilities staff should review the contract changes to ensure the revised contract conforms to MoDOT policy and complies with applicable federal regulations.&lt;br /&gt;
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==643.2.7 Environmental and Right of Way==&lt;br /&gt;
===643.2.7.1 Utilities and Environmental Clearances===&lt;br /&gt;
District utilities staff should coordinate with the TPM and utility owner’s representative to understand and communicate on known environmental and cultural constraints that could impact a utility owner’s plan of adjustment. This will allow the utility owner to consider permitting timelines and alternatives that avoid environmental or cultural resources to keep the project on schedule.&lt;br /&gt;
&lt;br /&gt;
One strategy to make project delivery more efficient and ensure regulatory compliance is for MoDOT to obtain the environmental and cultural resource permits and clearances for the utility owners associated with a roadway improvement while obtaining its own. This would generally only be for the permits and regulatory clearances MoDOT already needs to pursue as a part of the transportation improvement.&lt;br /&gt;
&lt;br /&gt;
District utilities staff should coordinate with the utility owner’s representative early in the project timeline to determine if it is in the best interest of both MoDOT and the utility owner to obtain permits and environmental clearances jointly. The following strategies can be utilized to determine if a joint approach to environmental work should be pursued:&lt;br /&gt;
* If utility facilities are moving to a location within or immediately adjacent to MoDOT right of way, a utility owner may be invited to participate in permitting and environmental compliance activities.&lt;br /&gt;
* If utilities move to a location not within or adjacent to MoDOT right of way, the utility company would not normally be invited to participate in permit applications and environmental compliance activities. However, some unique projects may necessitate further attention and should be discussed with the Design Liaison Engineer.&lt;br /&gt;
&lt;br /&gt;
If MoDOT and the utility owner agree to obtain joint permits and clearances, written communication between the utility owner’s representative and the district utilities staff should document the following items:&lt;br /&gt;
* List of the permits and clearances that MoDOT will acquire on behalf of the utility owner.&lt;br /&gt;
* List of the information needed from the utility owner in order for MoDOT to acquire the permits and clearances.&lt;br /&gt;
* Schedule and deadlines for submittal of the information by the utility owner. For example: utility plans, fill quantities, construction methods, dates, or seasons of construction.&lt;br /&gt;
&lt;br /&gt;
Permits and clearances that may be needed by both a utility owner and MoDOT include:&lt;br /&gt;
* [[127.7_Threatened_and_Endangered_Species|Endangered Species Act consultation and clearance]]&lt;br /&gt;
* [[127.2_Historic_Preservation_and_Cultural_Resources#127.2.1.1_Historic_Preservation_Regulations_and_Laws|Section 106 of the National Historic Preservation Act clearance]]&lt;br /&gt;
* [[127.10_Section_4(f)_Public_Lands|Section 4(f) clearance]]&lt;br /&gt;
* [[127.10_Section_4(f)_Public_Lands#127.10.1.4_Section_6(f)_Laws_and_Regulations|Section 6(f) of the Land and Water Conservation Fund Act clearance]]&lt;br /&gt;
* [[127.4_Wetlands_and_Streams|Section 401 and Section 404 of the Clean Water Act permits]]&lt;br /&gt;
* [[:Category:806_Pollution,_Erosion_and_Sediment_Control#806.1_Introduction_(see_Sec._806)|Section 402 of the Clean Water Act permit (State Operating Permit for Erosion Control)]]&lt;br /&gt;
* [[127.8_Hazardous_and_Solid_Waste|Recommendations on contaminated soil disposition]]&lt;br /&gt;
&lt;br /&gt;
===643.2.7.2 Right of Way Acquisition and Utilities===&lt;br /&gt;
The Commission is obligated to acquire the width of right of way required by the design of the highway improvement. For utility facilities currently located within the Commission’s right of way, this includes the necessary space for the utility facilities impacted by the design of the highway improvement. Either additional right of way width to accommodate a utility corridor or a utility easement can be obtained for the relocation of utility facilities. When drainage easements are acquired along a channel, additional space for utility facilities should be considered to avoid conflicts between the utility facility and the bridge or culvert.&lt;br /&gt;
&lt;br /&gt;
District utilities staff should inform the utility owner’s representative of the potential of a conflict between an existing utility facility and a proposed highway construction project early in the project development process to allow sufficient time for the utility owner to prepare a plan of adjustment and notify the district utilities staff of any easement needs. When utility facilities are located on a utility owner’s private easement, the utility owner may obtain its own new easements. If the utility owner is not in a position to negotiate for new easements or if the utility owner’s policies will not permit it to condemn property to obtain the easement, MoDOT can acquire the easement in the same manner roadway right of way is obtained. The district utilities staff should verify the utility owner is aware of the opportunity to have MoDOT acquire the easement, and the utility owner should provide written documentation on whether the utility owner would like to pursue this option with MoDOT.&lt;br /&gt;
&lt;br /&gt;
For situations where the utility owner will obtain its own replacement right of way and the cost of the adjustment is MoDOT’s responsibility, the utility right of way cost should be reviewed by the district right of way department to ensure the cost is reasonable and acquisition followed state and federal regulations. In order to expedite utility adjustments necessary to allow highway construction, the district utility staff may authorize the utility owner to obtain easements prior to all details of a plan of adjustment being developed. In this situation, the district utilities staff should ensure enough details are known to justify the needed right of way, and an agreement for right of way costs only should be executed with the utility owner.&lt;br /&gt;
&lt;br /&gt;
For situations where MoDOT will obtain the right of way necessary to allow highway construction, district utility staff should negotiate with the utility owner’s representative to ensure all necessary utility easements are shown on the approved right of way plans. The TPM should confirm with district utilities staff that the right of way plans accurately reflect the needs of the utility owners prior to requesting right of way plan approval. The district Right of Way Manager should confirm with district utilities staff before requesting an acquisition date (A-date). Every effort should be made to avoid adding utility easement requests once negotiations with property owners have begun.&lt;br /&gt;
&lt;br /&gt;
Occasionally, when negotiations cannot be completed for easements for the adjustment of utility facilities, it may be necessary to condemn for the property. District utilities staff should coordinate with the utility owner’s representative to ensure no alternate design for the adjustment of the utility facility is practical. The decision to condemn for easements for the adjustment of the utility facilities requires the exercise of good judgment in reaching the conclusion that further good faith negotiations are futile and condemnation is necessary to maintain the project in the scheduled letting. The TPM should coordinate with the district utilities staff and district Right of Way (RW) personnel on the condemnation proceedings.&lt;br /&gt;
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Easement and other right of way documents used with utility owners are handled in accordance with procedures established jointly with RW and district utilities staff. District survey staff prepare the land descriptions for use in utility easements. The district utilities staff is responsible for completion of the easements in the correct form and scope. A sketch delineating the area described is attached to the easement as Exhibit “A”. Communication with the Design Division will ensure use of proper forms, corporate names and locations, and particular wording required for joint ownerships. The description for a utility easement is to be referenced to the nearest land corner shown on the plans. Examples of easements can be found in the template list in [https://netprod3.dot.missouri/eAgreements/Search/QuickSearch eAgreements].&lt;br /&gt;
&lt;br /&gt;
In situations where MoDOT is acquiring right of way with existing utility easements, but the district utilities staff and the utility owner’s representative agree that the utility facility may remain in place, the utility owner will release the property to the Commission separate from the right of way acquisition. This is done by executing an Easement for Highway Construction (UT16). The utility owner grants and conveys, with warranty of title expressed or implied, to the Commission, the right to construct, reconstruct, and maintain a highway over and across that portion of the easement owned and held by the utility owner. In the future, the utility owner retains any reimbursable rights should future projects require adjustments to allow highway construction.&lt;br /&gt;
&lt;br /&gt;
==643.2.8 Cost Responsibility==&lt;br /&gt;
In addition to determining if a conflict exists between an existing utility facility and a highway improvement project, it is important to determine who is responsible for the costs of the necessary adjustments to allow highway construction. An adjustment for which the Commission is responsible for the costs is known as a reimbursable adjustment. An adjustment for which the Commission is not responsible for the costs is known as a non-reimbursable adjustment. An adjustment for which the Commission and the utility share responsibility for costs is known as a partially reimbursable adjustment. Adjustments determined to be reimbursable or partially reimbursable by the Commission are to be completed under the terms of an agreement executed between the utility owner and the Commission.&lt;br /&gt;
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===643.2.8.1 Commission Responsibility===&lt;br /&gt;
====643.2.8.1.1 Utility Facilities Located on Private Easements====&lt;br /&gt;
When the utility facility is located on a private easement within the new right of way to be acquired for a future project, the Commission is responsible for the cost of the necessary adjustments to allow highway construction. It may be possible that such easement does not have written easement rights. The Commission will honor this oral right provided acceptable documentation is provided by the utility owner to the district utilities staff. An [https://epg.modot.org/forms/general_files/DE/NonwrittenEasementRights_Example.docx example of acceptable documentation for not written easement rights] is available. Other forms of documentation will be considered on an individual basis.&lt;br /&gt;
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=====643.2.8.1.1.1 Future Moves=====&lt;br /&gt;
When the utility facility is located on a private easement, taken into the Commission’s right of way, the Commission may agree that any future moves of the same utility by Commission order may be made at the Commission’s cost. Documentation of this agreement is by an Easement for Highway Construction (UT16) agreement. If the Commission provides a substitute private easement, then the Commission will have future obligations consistent with the utility facility’s status in an easement.&lt;br /&gt;
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====643.2.8.1.2 Utility Facilities Located within Commission Right of Way====&lt;br /&gt;
When the utility facility is located within Commission right of way, but has prior land rights, the Commission is responsible for the cost of adjustments to allow highway construction. The utility owner is responsible for documenting to the satisfaction of the district utilities staff, the basis for the claim of prior land rights within Commission right of way. Time spent researching prior rights is considered coordination and is reimbursable.&lt;br /&gt;
&lt;br /&gt;
====643.2.8.1.3 City or County Utility Facilities on City or County Streets====&lt;br /&gt;
When roadway improvements are within the corporate limits of cities, towns, and villages, a municipal agreement is negotiated between the Commission and the municipality. Likewise, when roadway improvements are within the limits of a county and outside the municipal limits, a county agreement is negotiated between the Commission and the County Commission. Included in these agreements are provisions regarding reimbursement for adjusting city or county owned utility facilities. Reimbursement is provided for adjustment of city or county owned utility facilities that are now located on city or county streets and not on Commission right of way.&lt;br /&gt;
&lt;br /&gt;
====643.2.8.1.4 Lumen====&lt;br /&gt;
Lumen – National (formerly CenturyLink, Lightcore, or Digital Telephone, Inc. (DTI)) and the Commission have entered into a partnership agreement, “Amended and Restated Fiber Optic Cable on Freeways in Missouri,” executed June 5, 2003 which obligates the Commission to be responsible for the cost of the necessary adjustments to allow highway construction along the routes identified in the agreement. A copy of the agreement is available to district utilities staff.&lt;br /&gt;
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====643.2.8.1.5 Services to the Commission====&lt;br /&gt;
When a utility facility provides a service connection to local Commission facilities such as power to traffic signals, lighting, ITS, and cathodic protection and phone drops to traffic signal controllers or other Commission facilities, the Commission is responsible for the cost of the necessary adjustments to allow highway construction.&lt;br /&gt;
&lt;br /&gt;
====643.2.8.1.6 Private Service Lines====&lt;br /&gt;
While most utility owners reconnect the private service lines at no cost to the property owner, some do not. If a utility owner does not reconnect service lines, MoDOT can include adjustment of private service lines in roadway contracts. Bid items for relocating service connections are provided for the different types of anticipated adjustments.&lt;br /&gt;
&lt;br /&gt;
====643.2.8.1.7 Second Moves====&lt;br /&gt;
If the Commission requires additional work to a utility facility after the facility has been relocated or adjusted in accordance with a plan of adjustment approved by the Commission for a single project number, the Commission is responsible for the cost of the additional work regardless of whether the initial adjustment was Commission responsibility as outlined in other parts of [[#643.2.8.1_Commission_Responsibility|643.2.8.1]].&lt;br /&gt;
&lt;br /&gt;
The purpose of the policy is to encourage utilities to relocate early rather than waiting until plans are published for bidding. The policy eliminates the utility having to relocate twice at its own expense because of late changes in the design. It is best to have utilities relocated prior to construction, and this policy helps achieve that goal. Therefore, it is imperative that the designer notifies district utilities staff as soon as possible of any changes made after these plans have been sent. If notified immediately, it may be possible to inform the utility owner prior to their final design thereby eliminating a second move.&lt;br /&gt;
&lt;br /&gt;
Under this policy, the following are not considered second moves. Temporary and staged relocations necessary to accommodate construction and agreed upon by the utility and the Commission prior to relocation are considered a single move and are not subject to the provisions of the second move policy. If the Commission requires adjustment of a utility facility for which the utility owner is responsible for the cost of the adjustment and was originally determined to not need adjustment, the utility owner is responsible for the cost of the adjustment. The utility owner is responsible for the cost of additional work to any portion of the utility facility after the utility facility has been adjusted in accordance with a plan of adjustment approved by the Commission if the additional work is required by the Commission due to error by the utility owner in preparation of plan of adjustment, field location of, or construction of the adjustment of the utility facility.&lt;br /&gt;
&lt;br /&gt;
When evaluating construction contract changes by change order or value engineering, the impacts of the second move policy should be considered.&lt;br /&gt;
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===643.2.8.2 Utility Owner Responsibility===&lt;br /&gt;
====643.2.8.2.1 Utility Facilities Owned and Operated by a Political Subdivision====&lt;br /&gt;
When a utility facility is located within Commission right of way, but does not have prior land rights, the utility owner is responsible for the cost of the necessary adjustments to allow highway construction. When a utility facility is located on public right of way other than Commission right of way, the utility owner is responsible for the cost of the necessary adjustments to allow highway construction.&lt;br /&gt;
&lt;br /&gt;
When a political subdivision must bear part or all the cost of adjustments to their utility facilities, and the cost creates a financial hardship, the Commission, by its authorized representative, the Chief Engineer, may temporarily assume these costs. A payback agreement with the political subdivision will include an applicable interest rate for a comparable maturity from a widely published index of tax-exempt municipal rates obtained from Financial Services. Payback time will not exceed five (5) years.&lt;br /&gt;
&lt;br /&gt;
====643.2.8.2.2 Utility Facilities Other Than Those Owned by a Political Subdivision====&lt;br /&gt;
When a utility facility is on the right of way of a public road or street or on state highway right of way without prior land rights and adjustment is necessary to allow for the construction of a roadway improvement, the utility owner is responsible for the cost of the necessary adjustments to allow highway construction.&lt;br /&gt;
&lt;br /&gt;
===643.2.8.3 Shared Responsibility===&lt;br /&gt;
When a utility facility is located such that portions of it are a Commission responsibility and portions of it are a utility owner responsibility by the definitions above, the costs of the necessary adjustments to allow highway construction will be split by the Commission and the utility owner. If the exact cost for each party can be determined, each party will be responsible for their portion of the cost of relocating the utility facility. If the exact cost for each party cannot be determined, the parties will arrive at a percentage reimbursement on an equitable basis.&lt;br /&gt;
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===643.2.8.4 Notice of Hearing===&lt;br /&gt;
When relocation or other difficulties with utility facilities on public right of way arise that prevent resolution by negotiation, formal hearings will be required.&lt;br /&gt;
&lt;br /&gt;
The district initiates a request for a utility relocation hearing with a letter to the Chief Counsel’s Office (CCO) (a copy is provided to the Design Division) requesting a hearing date. CCO will arrange for a hearing room, court reporter, etc. and advise the district of the hearing date.&lt;br /&gt;
&lt;br /&gt;
The district will prepare the notice of hearing by strictly following the given format and serve the notice on all persons and utility owners listed. The property and utility owner must be served only by personal service or by mailing a certified letter, return receipt requested, no later than 15 days before the date of hearing. This will require the district to make every effort to identify the correct property owner before preparing the notice of hearing. To avoid delays, every attempt will be made to issue the hearing notice at least 30 days prior to the hearing date in case any property has changed ownership and any additional property owners must be served. A notice of hearing on service line connections will also be served on the private or public owner of the main or distribution line to which the service lines are connected. A notarized &amp;quot;[https://epg.modot.org/forms/general_files/DE/ReportOnPersonalService.docx Report of Personal Service]&amp;quot; will be completed when notification by certified mail is not used.&lt;br /&gt;
&lt;br /&gt;
One copy of the hearing notice and attachments, &amp;quot;[https://epg.modot.org/forms/general_files/DE/ReportOnPersonalService.docx Report of Personal Service]&amp;quot; and certified mail notices are to be submitted to CCO after notification is complete.&lt;br /&gt;
&lt;br /&gt;
Prior to the hearing, the district&#039;s representative will become familiar with the details of the utility adjustment in order to provide concise testimony to expedite the hearing process. CCO will assign an attorney to work with the district and present the case.&lt;br /&gt;
&lt;br /&gt;
Refer to 7 CSR 10-3.030 020 Utility Relocation Hearings for additional information.&lt;br /&gt;
&lt;br /&gt;
A Waiver of Hearing should be obtained for non-reimbursable adjustments to document the commitment of the utility owner to adjust its utility facilities without adversely impacting the highway construction project. This may be accomplished informally via written communications between the district utilities staff and the utility owner’s representative. A [https://epg.modot.org/forms/general_files/DE/WaiverOfHearingForm.docx formal Waiver of Hearing statement] may be requested by either MoDOT or the utility owner. A [https://epg.modot.org/forms/general_files/DE/WaiverOfHearingLetter.docx sample transmittal letter for the Waiver of Hearing] is available. For reimbursable or partially reimbursable adjustments, the formal agreement serves as the basis of documentation of this commitment.&lt;br /&gt;
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==643.2.9 Estimates==&lt;br /&gt;
District utilities staff will negotiate with utility owners to determine reimbursable costs of the necessary adjustments to allow highway construction ([[#643.2.8_Cost_Responsibility|EPG 643.2.8 Cost Responsibility]]). These estimates are prepared in accordance with the provisions of 23 CFR 645 and any amendment thereto. These estimates must reflect the same procedures and costs used by the utility owners in their normal operations and must also accurately represent the expected costs of the work. The utility owner’s estimate will be reviewed by the district utilities staff to ensure compliance with 23 CFR 645.&lt;br /&gt;
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===643.2.9.1 Independent Cost Estimate===&lt;br /&gt;
The independent cost estimate provides the basis for district utilities staff to review the utility owner’s estimate of costs of the necessary utility adjustments to allow highway construction and any subsequent negotiations with the utility owner. The district utilities staff should prepare an independent cost estimate. The independent cost estimate may be based on unit prices of anticipated items of work in a utility adjustment necessary to allow highway construction. The independent cost estimate alternately may be based on recent similar types of utility adjustments necessary to allow highway construction and scaled for size. Consultants can be used to develop the independent cost estimate. All documentation of the independent cost estimate should be placed in MoProjects.&lt;br /&gt;
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===643.2.9.2 Type of Project Cost Estimates===&lt;br /&gt;
Either Actual Cost or Lump Sum estimates may be used for estimating the costs on the necessary utility adjustments to allow highway construction. If an Actual Cost estimate is used, detailed records of materials, labor, and equipment are made by district utilities and/or construction staff during construction, and a final audit of the utility owner’s cost records is made to determine the Commission’s actual responsibility for costs of the adjustment completed to allow highway construction. If a Lump Sum estimate is used, a final audit of costs for an adjustment in payment is not required. The Actual Cost method requires more detailed record keeping and documentation by the utility owner and district staff during construction. The Lump Sum method requires more upfront detail and work by the utility owner and judgment on the district utilities staff on the acceptability of the cost. The district utilities staff will work with the utility owner’s representative to determine the best type of estimate and therefore agreement to use.&lt;br /&gt;
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====643.2.9.2.1 Actual Cost Estimate====&lt;br /&gt;
The cost estimate that supports the actual cost agreement is prepared in sufficient detail to determine the reasonable expected cost of the work to support development of an agreement between the utility owner and the Commission. However, reimbursement is based on the actual costs of design and construction of the necessary adjustment to allow highway construction. The [https://epg.modot.org/forms/general_files/DE/ActualCostCostEstimate_Example.docx actual cost estimate] should detail all costs of the necessary adjustment to allow highway construction, even if the Commission is only responsible for a portion of the costs as detailed in EPG [[#643.2.8.3_Shared_Responsibility|643.2.8.3 Shared Responsibility]].&lt;br /&gt;
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[https://epg.modot.org/forms/general_files/DE/ActualCostCostEstimate_Example.docx Actual cost estimates] can be used for any dollar amount of reimbursement.&lt;br /&gt;
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====643.2.9.2.2 Lump Sum Estimates====&lt;br /&gt;
The cost estimate that supports the lump sum agreement must be accurate, comprehensive, verifiable, and in sufficient detail to present a clear picture of the work involved and the cost of the individual items. The estimate may cover only that portion of the adjustment for which the Commission is responsible for the costs of the necessary utility adjustments to allow highway construction.&lt;br /&gt;
[https://epg.modot.org/forms/general_files/DE/LumpSumCostEstimate_Example.docx Lump sum estimates] are limited to a maximum of $200,000 of Commission responsibility of costs of the necessary utility adjustments to allow highway construction; however, exceptions may be made for special situations that have prior approval from Design Division. These exceptions usually cover major relocations for which the Commission&#039;s proportionate responsibility is extremely small.&lt;br /&gt;
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===643.2.9.3 Utility Cost Estimate Requirements===&lt;br /&gt;
Whether using an Actual Cost or Lump Sum estimate, the following should be included in the estimate, if applicable. If any of the following sections are not included in the estimate, a qualifying statement as to why the costs were not included should be provided.&lt;br /&gt;
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====643.2.9.3.1 Scope of Work====&lt;br /&gt;
All estimates require a concise summary of the work to be performed on the estimate. An example is &amp;quot;an estimate of cost covering the work of relocating Company&#039;s 12-inch Cushing-Woodriver pipeline to accommodate construction of Route 47 in Franklin County on Job No. J6P0172&amp;quot;.&lt;br /&gt;
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====643.2.9.3.2 Engineering Costs====&lt;br /&gt;
Costs of engineering, whether preliminary or construction, must be shown as separate items and are not to be included with &amp;quot;labor costs&amp;quot;. Concurrent cost accounting procedures of FHWA and MoDOT make this a necessity. See [[#643.2.6_Preliminary_Engineering_Requirements|EPG 643.2.6 Preliminary Engineering]] and [[#643.2.16.2_Construction_Contract_Requirements|EPG 643.2.16.2 Construction Contract Requirements]] for further information.&lt;br /&gt;
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====643.2.9.3.3 Right of Way Costs====&lt;br /&gt;
A detailed estimate of the cost to acquire replacement easements by the utility owner is required. The cost should be supported by a right of way plan.&lt;br /&gt;
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====643.2.9.3.4 Material Costs====&lt;br /&gt;
Quantities, description of the item, the unit cost, and the extended totals are shown. Percentage computations will be shown immediately following &amp;quot;total cost&amp;quot; so the utility owner’s and Commission&#039;s cost obligations are properly indicated. Unit assembly costs similar to those used by several of the rural electric association (R.E.A.) cooperatives are acceptable, provided the same units and charges are used in the utility owner’s regular operations. A handling charge conforming with the utility owner’s regular procedures may also be included.&lt;br /&gt;
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====643.2.9.3.5 Labor Costs====&lt;br /&gt;
Hours, individual or crew rates, and extended totals are shown. Payroll additives such as insurance, retirement, social security, vacation, and other benefits are shown as a separate item under this heading in accordance with utility owner’s regular procedures. Adequate explanation must be given for total percentage used, especially in those cases where materials and labor are combined as unit costs or where labor percentages include additives and equipment requirements.&lt;br /&gt;
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====643.2.9.3.6 Equipment Costs====&lt;br /&gt;
A description of the equipment to be used must be shown jointly with the number of hours to be charged. Rates charged for equipment usage must be justified by the utility owner’s established accounting procedures. When the utility owner does not have an established accounting procedure or a capitalization and depreciation schedule that is used in its own operations, the rates are to be established by using rental rate publications as a guide. A reasonable amount will be deducted, when using rental rate schedules, for profit that the rental company realizes. A full explanation of the methods used in establishing the rates must also be submitted to support the utility owner’s request and with approval of the district utilities staff.&lt;br /&gt;
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Equipment may be rented when the utility owner’s equipment is not available or is inadequate, with the rental rate justified by appropriate solicitation of bids. See [[#643.2.16.2_Construction_Contract_Requirements|EPG 643.16.2 Construction Contract Requirements]] for further information.&lt;br /&gt;
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Unusual accounting procedures may be accepted with adequate prior explanations and approval of the Design Division.&lt;br /&gt;
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====643.2.9.3.7 Removal Costs====&lt;br /&gt;
These costs are estimated and shown in a similar method but separately from installation costs. When removal costs exceed salvage credits by more than the estimated cost of removal by the roadway contractor, an effort should be made to persuade the utility owner to abandon the utility facilities in place. An exception is made when the utility owner is required to remove abandoned utility facilities because of liability, hazard, or by specific agreement with the Commission. Abandoned utility facilities can be included with the miscellaneous removals in the roadway contract. It may be possible for the utility owner to remove those portions of the utility facility for which credits will exceed removal costs, with the remainder of the utility facility to be abandoned for removal in the roadway contract. Materials removed must be itemized, with the utility owner’s customary salvage credit given. Items to be scrapped or junked should be indicated. Whenever a utility facility or portion thereof is shown to be abandoned on the plan of adjustment, the roadway plans should be notated accordingly. This eliminates ownership problems if these utility facilities are removed or salvaged by the roadway contractor.&lt;br /&gt;
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When the utility facility is no longer needed and removal is necessary to accommodate the roadway project, the removal of the item may be handled either as a right-of way-item or a utility adjustment. When handled as a right of way item, the damages allowed are to equal the depreciated value of the utility facility, with the necessary removals being accomplished by the roadway contractor. If accomplished as a utility adjustment, the Commission, by utility agreement, will reimburse the utility owner for removal costs and receive salvage credit for the material removed, up to but not exceeding removal costs.&lt;br /&gt;
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====643.2.9.3.8 Salvage of Removed Materials====&lt;br /&gt;
This statement, to explain the salvage credit or lack of credit, will reflect routine utility owner policy as well as the particular situation. The utility owner will place a value on any recovered material for salvage. District utilities staff should check this value for reasonableness. Examples of salvage statements include:&lt;br /&gt;
* Existing utility facilities to be abandoned in place, since the cost of salvaging, based on our past experience, will exceed their value.&lt;br /&gt;
* Only those items will be salvaged for which salvage credit will exceed the cost of removal and salvage.&lt;br /&gt;
* Company liability requires removal of the retired utility facilities, even though the cost of removal will exceed allowable credit for salvage.&lt;br /&gt;
* Salvage credits are in accordance with established company accounting procedures.&lt;br /&gt;
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====643.2.9.3.9 Accrued Depreciation Credits====&lt;br /&gt;
Credit is required for the accrued depreciation of a utility facility that is being replaced. Examples are a building, structure, pumping station, filtration plant, power plant, substation, or other similar operational unit. Credit for accrued depreciation will not be required for a segment of the utility&#039;s service, distribution, or transmission lines. It is also not required when the building or structure is being moved as necessitated by the highway project. Acceptable accrued depreciation credit will be determined by using the following formula:&lt;br /&gt;
:&amp;lt;math&amp;gt;\frac{Actual \; Length \; of \; Service \; of \; Replaced \; Facility \; (Years)}{Total \; Estimated \;  Service \; Life \; of \; Replaced \; Facility \; (Years)} \times Original \; Cost \; (\$) = Credit&amp;lt;/math&amp;gt;&lt;br /&gt;
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====643.2.9.3.10 Betterment Credits====&lt;br /&gt;
Betterment means the upgrading of the utility facility being relocated, made solely for the benefit of and at the election of the utility owner and is not attributable to the roadway improvement. Credit to the Commission is required for the additional costs incurred for the betterments introduced in the adjusted utility facility. No betterment credit is required for additions or improvements which are:&lt;br /&gt;
* Required by the highway project&lt;br /&gt;
* Replacement devices or materials that are of equivalent standards although not identical&lt;br /&gt;
* Replacement of devices or materials no longer regularly manufactured with next highest grade or size&lt;br /&gt;
* Required by law under governmental and appropriate regulatory commission code&lt;br /&gt;
* Required by current design practices regularly followed by the utility owner in its own work, and there is a direct benefit to the highway project&lt;br /&gt;
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====643.2.9.3.11 Overhead Costs====&lt;br /&gt;
Overhead costs are usually a percentage of the total labor cost. This item must be in accordance with the utility owner’s established accounting procedures, which in some cases may include handling costs or be a percentage of the total cost of the work involved. Additional attention to overhead costs is required when the rate is different from previously accepted rates. Occasionally, it can be difficult to obtain the necessary information at the time of the estimate to approve the overhead rates. In this situation, the estimate can be approved with exception of the overhead rates for payment. The utility owner is informed of this matter with the understanding that the overhead rates could be approved and paid with submission of appropriate supporting data and Financial Services audit review.&lt;br /&gt;
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====643.2.9.3.12 Prorating Costs====&lt;br /&gt;
The need for prorating utility adjustment costs occurs when both the Commission and the utility owner are responsible for a portion of the utility adjustment necessary to allow for highway construction, and the actual costs for reimbursement in each category cannot be explicitly determined. Generally, the following conditions require division of costs:&lt;br /&gt;
* The adjustment is considered partially reimbursable per [[#643.2.8.3_Shared_Responsibility|EPG 643.2.8.3 Shared Responsibility]]&lt;br /&gt;
* Betterments are included in the necessary adjustment of the utility facility&lt;br /&gt;
&lt;br /&gt;
The district utilities staff should negotiate with the utility owner’s representative to determine an equitable basis for the prorating of costs based on the characteristics of the utility adjustment necessary to allow for highway construction.&lt;br /&gt;
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====643.2.9.3.13 Costs Records====&lt;br /&gt;
The estimate should include a statement as to where the utility owner’s cost records may be reviewed. An example: &amp;quot;Company cost records will be available in our office at 2134 Industrial Avenue, Tulsa, Oklahoma&amp;quot;.&lt;br /&gt;
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====643.2.9.3.14 Other====&lt;br /&gt;
Additional statements will explain or further clarify the work that is included. Such other items may include bypasses, special equipment, need for larger utility facilities, etc.&lt;br /&gt;
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==643.2.10 Schedule==&lt;br /&gt;
Timely adjustments of utility facilities are essential for efficient completion of highway construction projects. Ideally, all utility adjustments are completed prior to a project’s Plans, Specifications, and Estimate (PS&amp;amp;E) submittal to Central Office. Depending on the specifics of the highway construction and utility adjustment necessary, early completion of the utility adjustment may not be practical. The district utilities staff should negotiate with the utility owner to determine the schedule parameters necessary for the utility adjustment. At a minimum, the utility owner should document the dates it anticipates starting and completing the work. If a utility adjustment depends upon the completion of a portion of the highway construction, the necessary milestone for starting the utility adjustment should be documented along with an anticipated number of working days to complete the utility adjustment. The schedule is included as Exhibit “C” to the agreement.&lt;br /&gt;
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==643.2.11 Pre-Audits==&lt;br /&gt;
The district utility staff performs a pre-audit review and approval prior to preparation of the agreement. A [https://epg.modot.org/forms/general_files/DE/PreAuditChecklist.docx pre-audit checklist] should be completed and saved in MoProjects.&lt;br /&gt;
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==643.2.12 Utility Agreements==&lt;br /&gt;
Whenever the Commission is responsible for the cost of the necessary adjustments to allow highway construction, an agreement is required. If a Master Reimbursable Utility Agreement (see [[#643.2.12.2_Master_Reimbursable_Utility_Agreements|EPG 643.2.12.2]]) has not been executed with the utility owner, a Project Specific Agreement (see [[#643.2.12.3_Project_Specific_Agreements|EPG 643.2.12.3]]) is executed between the utility owner and the Commission. In some cases, it may be more practical for the Commission to include adjustment of utilities into a Commission administered contract. A Utility Agreement - Actual Cost (For Utility Work That is to be Included in the Missouri Highways and Transportation Commission&#039;s Road Project) (see [[#643.2.12.4_Agreement_for_Utility_Work_Included_in_Roadway_Improvement_Project|EPG 643.2.12.4]]). Agreements include a plan of adjustment (Exhibit “A”), cost estimate (Exhibit “B”), and schedule (Exhibit “C”).&lt;br /&gt;
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The Utility Agreement boilerplate forms have been approved by the Chief Counsel’s Office (CCO). They are identified in the upper left-hand corner of each agreement by an identifier such as CCO Form: UT01 for the Master Reimbursable Utility Agreement. CCO updates these agreements as necessary. They serve as a guide in the preparation of the agreement to be executed with the utility owner for the adjustments required to their utility facilities to accommodate the proposed roadway improvement project. District utilities staff should use the latest version of the agreement found in [https://netprod3.dot.missouri/eAgreements/Search/QuickSearch eAgreements] in drafting an agreement with utility owners. A list of utility agreements and detailed information concerning the sequence for preparing and executing an agreement is available in  [[:Category:153_Agreements_and_Contracts|EPG 153 Agreements and Contracts]].&lt;br /&gt;
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These forms are to be used word for word. Revisions or additions are only made to address specific project details. The intent of each paragraph must be retained, although specific words may be revised to fit the particular situation. No paragraphs are deleted without prior approval from CCO. For guidance on acceptance of liability, refer to the [[:Category:153_Agreements_and_Contracts#153.1.1.2_Acceptance_of_Liability_Policy_(MoDOT_Access_Only)|Acceptance of Liability Policy]] at the CCO SharePoint page. Drafts of agreements having major revisions or complications are to be submitted, with supporting data, to Design Division for comment and approval.&lt;br /&gt;
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A reference to 23 CFR 645 is included in all agreements. Utility owners must be acquainted with these requirements and procedures. The incorporation of 23 CFR 645 by reference in all agreements eliminates the need for a second set of regulations to be included in the document.&lt;br /&gt;
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The agreement for the adjustment of a utility is prepared by the district utilities staff and submitted to the utility owner for execution. The agreement is based on the plan, estimate of cost which was prepared in accordance with 23 CFR 645, and schedule. Authorized individuals representing the utility owner will execute the agreement. The agreement must be signed, sealed, and if necessary, notarized by the utility owner. If the utility owner does not have or use a corporate seal, write &amp;quot;NO SEAL&amp;quot; under the signatures of the owner’s officers. Agreements with political subdivisions are to be supported by an appropriate ordinance, a copy of which is to be submitted with the executed agreements. All copies will be forwarded to the CCO for further handling. A fully executed copy of the agreement will be retained in eAgreements. If the agreement was executed using electronic signatures, the district utilities staff should forward an electronic copy of the fully executed agreement to the utility owner. If the agreement was executed using wet signatures, one (1) paper copy of the fully executed agreement will be returned by the Commission Secretary’s Office to the district utilities staff. The district utilities staff will forward this copy to the utility owner.&lt;br /&gt;
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===643.2.12.1 Buy America Build America Requirements===&lt;br /&gt;
All agreements contain information on Buy America Build America (BABA) compliance. The utility owner should select the method of certification (See [[#643.2.19_Buy_America_Build_America_for_Utilities|EPG 643.2.19]]) at the time of agreement completion. The appropriate paragraph will be inserted into the agreement. All BABA compliance documents must be retained by the utility owner and made available upon request at no cost to the Commission and/or FHWA.&lt;br /&gt;
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====643.2.12.1.1 Utility Owner Self-Certification====&lt;br /&gt;
The City/Company certifies that when determining products/materials subject to Buy America Build America requirements to use in the performance of this Agreement, it shall use only such products/materials for which it has received a certification from its supplier, or provider of construction services that procures the product/material, certifying compliance with Buy America Build America requirements. This does not include products/materials for which waivers have been granted pursuant to 23 CFR 635.410. The City/Company will not be required to provide the Commission copies of the supplier certification as part of this Agreement or with the final invoice of said Commission’s Federal-Aid Highway Construction Project.&lt;br /&gt;
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====643.2.12.1.2 Vendor/Manufacturer Certification====&lt;br /&gt;
The City/Company certifies that when determining products/materials subject to Buy America Build America requirements to use in the performance of this Agreement, it shall use only such products/materials for which it has received a certification from its supplier, or provider of construction services that procures the product/material, certifying compliance with Buy America Build America requirements. This does not include products/materials for which waivers have been granted pursuant to 23 CFR 635.410. The City/Company shall provide to the Commission all Buy America compliance documents as outlined in the Commission’s Engineering Policy Guide 643. All required compliance documents shall accompany the final invoice submitted to the Commission.&lt;br /&gt;
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===643.2.12.2 Master Reimbursable Utility Agreements===&lt;br /&gt;
The UT01: Master Reimbursable Utility Agreement (MRUA) is a statewide agreement that has been executed by the utility owner and the Commission for all future reimbursable utility adjustments between both parties. Once a MRUA is executed, no other utility agreements are required on design-bid-build projects. The district utilities staff should encourage utility owners to enter into a MRUA with the Commission to reduce potential future delays in executing a project specific agreement. A list of previously executed [https://modotgov.sharepoint.com/sites/DE/Utilities/Agreements/MRUA%20-%20Existing?csf=1&amp;amp;web=1&amp;amp;e=4LJHoa Master Reimbursable Utility Agreements (Modot Access Only)] is available. District utilities staff should add newly executed agreements to this list. The MRUA can be employed as either an actual cost ([[#643.2.12.3.1_Actual_Cost_Agreements|EPG 643.2.12.3.1]]) or lump sum ([[#643.2.12.3.2_Lump_Sum_Agreements|EPG 643.2.12.3.2]]) agreement. When the reimbursable adjustment will utilize a MRUA, the district utilities staff will prepare a MRUA correspondence letter (“letter agreement”) referencing the executed MRUA. A copy of the MRUA correspondence letter should be saved in MoProjects for reference by Financial Services, the district construction office, and the district staff responsible for inspection of utility adjustments. All project specific items such as type of agreement (actual cost or lump sum), plan of adjustment, estimated total cost, cost allocation, and schedule are addressed in the MRUA correspondence letter from the district utilities staff to the utility owner. A [https://epg.modot.org/forms/general_files/DE/flowchart.pdf flowchart of the MRUA process] is available.&lt;br /&gt;
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===643.2.12.3 Project Specific Agreements===&lt;br /&gt;
If a utility owner does not have a MRUA with the Commission, a project specific agreement will be required for every project for which the Commission is responsible for the necessary adjustments to allow highway construction. The project specific agreement will be either an actual cost ([[#643.2.12.3.1_Actual_Cost_Agreements|EPG 643.2.12.3.1]]) or lump sum ([[#643.2.12.3.2_Lump_Sum_Agreements|EPG 643.2.12.3.2]]) agreement.&lt;br /&gt;
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====643.2.12.3.1 Actual Cost Agreements====&lt;br /&gt;
The UT03: Utility Agreement – Actual Cost is used when detailed estimates are not practical or costs appear to be questionable. Details on actual cost estimates can be found at [[#643.2.9.2.1_Actual_Cost_Estimate|EPG 643.2.9.2.1 Actual Cost Estimates]]. Once the final invoice on a UT03 is submitted to Financial Services, district utilities staff should change the status on the agreement in eAgreements to completed.&lt;br /&gt;
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====643.2.12.3.2 Lump Sum Agreements====&lt;br /&gt;
The UT02: Utility Agreement – Lump Sum eliminates the need for keeping detailed records of cost and the auditing of cost records. Estimates of cost must be prepared in detail for use of this agreement. When detailed estimates are not practical or costs appear unreasonable, actual cost agreements are to be used. Use of special forms of agreements, such as &amp;quot;subordination agreements&amp;quot;, which are desired by certain utility owners, is acceptable. These, too, must be revised to cover the particular situation. Details on lump sum estimates can be found at [[#643.2.9.2.2_Lump_Sum_Estimates|EPG 643.2.9.2.2 Lump Sum Estimates]]. Once the final invoice on a UT02 is submitted to Financial Services, district utilities staff should change the status on the agreement in eAgreements to “completed”.&lt;br /&gt;
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===643.2.12.4 Agreement for Utility Work Included in Roadway Improvement Project===&lt;br /&gt;
The UT04: Utility Agreement - Actual Cost (For Utility Work That is to be Included in the Missouri Highways and Transportation Commission&#039;s Road Project) allows for the adjustment to be based on actual cost with the roadway contractor performing the utility work. Caution should be exercised in the type of utilities to be relocated in roadway contracts. Utilities recommended are waterlines and sewer lines. Other utilities, such as gas lines, communication lines, and power lines are to be studied thoroughly before being included in the project.&lt;br /&gt;
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The Transportation Project Manager and district utilities staff must plan ahead to get this work in the roadway contract. The utility owner must agree to include the utility adjustment in the roadway contract. The adjustment may be on highway right of way or on private easement in the name of the utility owner. The utility owner can agree to allow MoDOT’s contractor to work in its easement. However, district utilities staff in consultation with district right of way staff should review the easement documentation to verify the utility owner’s rights to the easement and any limitations on its use. MoDOT’s contractor can work and operate on both Commission right of way and on the utility easement, even when not directly connected to the Commission right of way, as part of the job site. Temporary construction easements may be necessary in addition to the utility easement to ensure adequate working room for the contractor.&lt;br /&gt;
&lt;br /&gt;
:The utility owner may request exemption to any liability for negligence of our contractor working on their easement. The Commission can assume that liability (refer to [[:Category:153_Agreements_and_Contracts#153.1.1.2_Acceptance_of_Liability_Policy_(MoDOT_Access_Only)|Acceptance of Liability Policy]]), but it should be included in the utility agreement if so desired by the utility owner. A Job Special Provision is necessary to require the MoDOT contractor to hold the utility harmless from all claims due to contractor negligence.&lt;br /&gt;
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Subsurface information, i.e. boring data, etc., should be obtained by the utility owner since it may be needed for the design of the utility adjustment. This information should be included in the plans. If the utility owner must bear all or part of the cost of the adjustment, the utility owner must agree to pay a pre-deposit to the Commission prior to opening bids on the project. This should be in the utility agreement. The pre-deposit will be credited to the &amp;quot;Missouri Highway and Transportation Commission - Local Fund.&amp;quot; Any interest earned in the fund will apply to the cost of the adjustments. The utility agreement will include language that the utility will inspect the installation and assume maintenance of the utility facility after construction. MoDOT will also provide engineering supervision to be sure the road contractor is in compliance with the contract. Utility plans and specifications are to be approved by the owner prior to submittal to the Central Office. The following items will provide minimum information to allow MoDOT’s contractor to bid the work.&lt;br /&gt;
# Individual bid items (not &amp;quot;lump sum&amp;quot;) should be established to promote better bidding and to handle overruns and underruns. Bid items not included on the Computer Stored Bid Item list should be &amp;quot;99&amp;quot; numbers.&lt;br /&gt;
# he bid package must be in our letting format. If the package was prepared by a consultant as if the utility owner were going to let it, all bid bond or bidding procedures must be screened to remove requirements contrary to MoDOT letting requirements. District utilities staff should work with the Transportation Project Manager, Design Liaison Engineer, and Central Office Bidding and Contract Services to ensure this requirement is met.&lt;br /&gt;
# The specifications required by the utility owner should be reviewed for items that could cause a bid problem for our contractor. Items such as non-readily available materials or sizes should be avoided.&lt;br /&gt;
# Utility plan sheets should be .pdf files equivalent to 22 in. x 34 in. It is helpful to have a quantity sheet specifically for utility items.&lt;br /&gt;
# Any special procedures required for the utility installation should be included in the Job Special Provisions.&lt;br /&gt;
# The utility package should be submitted on-time to Central Office with other project plans.&lt;br /&gt;
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===643.2.12.5 Agreement for a Utility Only Project===&lt;br /&gt;
Any of the above agreements can be modified for a utility only project separate from the roadway project. The utility only project may be done by forces hired by the utility owner or by the Commission. A separate utility only project has distinct advantages when the following occurs:&lt;br /&gt;
* The utility work is extensive&lt;br /&gt;
* It must be performed in accordance with the utility owner’s seasonal requirements&lt;br /&gt;
* It extends beyond the limits of the construction project&lt;br /&gt;
* It must be performed considerably in advance of the roadway contract&lt;br /&gt;
&lt;br /&gt;
Necessary environmental and design work is still required for the limits of the separate utility only project. It may be necessary in these cases to have a second agreement with the utility owner to cover any other work that must be performed concurrently with the roadway contract. These latter agreements will use the roadway construction job number. Early need for utility projects is to be determined at the time when the STIP is updated each year. The utility construction funds will be shown in the year right of way funds are assigned. This will be done whenever possible to secure early adjustment of utility facilities. A request by the district is sent to the Planning Division. Estimated dollar amounts for utility adjustments are needed. These are estimates and do not need to be extremely accurate. When a special utility project is established, it is preferred, if at all possible, to include all the utility adjustments necessary for the entire roadway project. If funds are available, additional agreements can be added to this utility project until the final invoice for the first completed agreement is received for payment.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.6 Supplemental Agreements===&lt;br /&gt;
For utility owners with a UT01 agreement, a supplemental letter agreement documenting the change in the scope or cost of the work is acceptable.&lt;br /&gt;
&lt;br /&gt;
The UT05: First Supplemental Agreement is used to document changes to UT02 and UT03 agreements. If changes to the scope of work occur that are anticipated to exceed $100,000 or 15% of the original agreement, a UT05 is required. If the final invoice on an actual cost adjustment without changes in the scope of work exceeds the limits shown in the table below, a UT05 is required.&lt;br /&gt;
&lt;br /&gt;
{| class=&amp;quot;wikitable&amp;quot; style=&amp;quot;margin-left: 25px; text-align:center&amp;quot;&lt;br /&gt;
! Amount in Original Actual Agreement !! Final Bill Total Exceeds Original Amount by:&lt;br /&gt;
|-&lt;br /&gt;
| 0-$25,000 || 50%&lt;br /&gt;
|-&lt;br /&gt;
| $25,000-$100,000 || 40%&lt;br /&gt;
|-	&lt;br /&gt;
| Exceeds $100,000 || 30%&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
Should multiple UT05s be required with the same utility owner, the UT05 should be modified for additional supplemental agreements. Once the final invoice on an UT05 is submitted to Financial Services, district utilities staff should change the status on the agreement in eAgreements to “completed”.&lt;br /&gt;
&lt;br /&gt;
==643.2.13 Utility Adjustments in Roadway Plans and Job Special Provisions (JSPs)==&lt;br /&gt;
It is the responsibility of the MoDOT Transportation Project Manager (TPM) to ensure utility plans of adjustment are shown on the project plans at the Plan, Specification, and Estimate (PS&amp;amp;E) stage based upon information coordinated by the district utilities staff with the appropriate utility owner.&lt;br /&gt;
&lt;br /&gt;
===643.2.13.1 Plans===&lt;br /&gt;
A legend showing all applicable utility symbols and the names of the utility owners is shown on the first special utility sheet. In the absence of special utility sheets, this information may be shown on the title sheet or the first plan and profile sheet. The following note is required to be placed on the title sheet or the first plan and profile sheet and the first special utility sheet (if used) to inform contractors of the suitability of the utility information contained on the plans.&lt;br /&gt;
&lt;br /&gt;
&amp;quot;The existence and approximate location of utility facilities known to exist, as shown on the plans, are based on the best information available to the Commission at this time. This information is provided by the Commission &amp;quot;as-is&amp;quot; and the Commission expressly disclaims any representation or warranty as to the completeness, accuracy, or suitability of the information for any use. Reliance upon this information is done at the risk and peril of the user, and the Commission shall not be liable for any damages that may arise from any error in the information&amp;quot;.&lt;br /&gt;
&lt;br /&gt;
===643.2.13.2 Job Special Provisions===&lt;br /&gt;
Since the addition of utility information on the plans, supplied by a third party, could subject the Missouri Highway and Transportation Commission to additional liability, a Utility JSP reflecting the status of utility adjustments will be required. The JSP will include the name, address, e-mail address, and telephone number of all utility owner representatives for all utility facilities located on the project. The anticipated adjustment completion date for each utility adjustment is also to be shown based on the agreed upon dates, durations, or completion dates with the utility owner’s representative. This information will inform the bidder of the status of utilities for proper work coordination that could affect the bids for the proposed highway construction project. Status notations will include general notations such as: “N/A”, “Work is in progress”, “Work has not started”, “Work is complete”, and “Work is included in contract.”&lt;br /&gt;
&lt;br /&gt;
===643.2.13.3 PS&amp;amp;E Submittal===&lt;br /&gt;
In the District Final Plans Submittal Checklist (D-12), the TPM should note any issues related to existing utility facilities or the adjustment of utility facilities either shown or not shown on the plans. Projects with “No Utility Impacts” such as some overlays, striping, bridge washing, etc. do not need a Utility Status Letter or Utility JSP. The D-12 is used for these projects. In the D-12, under Project Details – “Utilities”, the note “NO” is selected and under “Status”, select “Clear”. For all other projects, the district utilities staff will write a [https://epg.modot.org/forms/general_files/DE/utilitystatusletter Utility Status Letter]. The TPM will include the Utility Status Letter with the submittal of the final plans to the Design Division. The Utility Status will be defined as:&lt;br /&gt;
# Utility facilities are present, but no conflict is anticipated with the highway construction project. Or,&lt;br /&gt;
# All utility facilities requiring adjustment to allow highway construction have been physically adjusted on the project. Or,&lt;br /&gt;
# Utility construction work is planned or active and will be completed to such a point that no impact will be expected to the highway construction project. The status of this work is defined in the utility JSP. Or,&lt;br /&gt;
# Utility facilities are not expected to be adjusted by the notice to proceed date for the road project, but the utility work will have no impact on the progress of the highway construction project. The status of this work is defined in the utility JSP. Or,&lt;br /&gt;
# Utility facilities must be adjusted after the road contractor completes stage construction or in coordination with the contractors’ work. Details of the coordination effort required of the contractor are defined in the utility JSP to properly advise bidders. Or,&lt;br /&gt;
&lt;br /&gt;
# Utility adjustment plans and specifications are included in the bid documents for the highway construction project. A UT04 agreement must be executed.&lt;br /&gt;
&lt;br /&gt;
==643.2.14 Payment to Utility Companies for Reimbursable Work==&lt;br /&gt;
Authorization and federal funding obligation must be approved prior to incurring costs. This applies to all types of work on utility facilities including preliminary engineering. An obligation is a commitment by the federal government to reimburse MoDOT for the federal share of a project’s eligible cost.&lt;br /&gt;
&lt;br /&gt;
===643.2.14.1 Obligation Process===&lt;br /&gt;
Federal funding can be used with both lump sum and actual cost agreements. After the utility agreement is fully executed, the district utilities staff will email a copy of the utility agreement or the letter agreement referencing the MRUA to the email group OBLIGATE. This email should request the authorization authority for use of federal funds and to be informed of a Notice to Proceed (NTP) (see [[#643.2.15_Notice_to_Proceed|EPG 643.2.15]]) date by Financial Services once federal funding has been obligated. District utilities staff should allow three (3) weeks to receive the NTP. Financial Services will use Advance Construction (AC) funding to fund reimbursement to utility owners. With AC funding, state funds initially are used to pay for reimbursement to utility owners. Once construction is complete, with appropriate documentation of the work via the [https://epg.modot.org/forms/general_files/DE/C-9.docx C-9] and [https://epg.modot.org/forms/general_files/DE/C-13.docx C-13], Financial Services will convert to federal funding.&lt;br /&gt;
&lt;br /&gt;
===643.2.14.2 Preliminary Engineering===&lt;br /&gt;
On occasion, preliminary engineering (PE) may need to be undertaken by the utility owner prior to the execution of a utility agreement. If a utility owner has a MRUA, an estimate of the cost of the PE work by the utility owner may be used to obligate funding for preliminary engineering under the MRUA as a PE only letter agreement. If a lump sum or actual cost agreement will be required with the utility owner for the project, district utilities staff should do two (2) agreements with one agreement covering PE only, and once a design for the adjustment is obtained, a second agreement for the construction of the adjustment should be executed. If a separate PE only agreement is obtained, NTP will need to be issued twice to the utility owner: once for PE and once for construction.&lt;br /&gt;
&lt;br /&gt;
===643.2.14.3 Right of Way===&lt;br /&gt;
Once Notice to Proceed has been given, the utility owner may begin the right of way acquisition process. If the utility owner needs to acquire right of way prior to a full agreement for relocation has been negotiated, the agreement specifically for the acquisition of right of way should be executed. This agreement will be sent to Financial Services to begin the obligation process.&lt;br /&gt;
&lt;br /&gt;
===643.2.14.4 Construction===&lt;br /&gt;
Payment to utility owners for construction of the adjustment may occur in a number of phases.&lt;br /&gt;
&lt;br /&gt;
====643.2.14.4.1 Prepayment====&lt;br /&gt;
Per the utility agreement, the Commission allows utility owners to be prepaid prior to commencing work. The district utilities staff may negotiate the prepayment if the utility owner is receptive. The utility owner will submit a request for prepayment with an invoice prior to any prepayment. Route, county, and job number must be included in the request. The district utilities staff will submit a request to Financial Services with a copy saved in MoProjects for future reference by the district staff responsible for inspection of the utility adjustment.&lt;br /&gt;
&lt;br /&gt;
====643.2.14.4.2 Progress Payments====&lt;br /&gt;
If a utility owner has not been prepaid the entire estimated amount in the utility agreement, then the utility owner may request progress payments after completing a portion of the proposed work, including PE.&lt;br /&gt;
&lt;br /&gt;
Progress payments for PE by consultants should not exceed the &amp;quot;maximum not to exceed amount&amp;quot; shown in the cost estimate unless additional costs are approved first by district utilities staff.&lt;br /&gt;
&lt;br /&gt;
For progress payments, the utility owner is required to submit only a summary of work and materials for which payment is claimed, not a detailed billing. District utilities staff should check only to be sure that sufficient work has been done to justify making the requested payment. Payment should be made for allowable costs incurred up to the date of the progress payment request.&lt;br /&gt;
&lt;br /&gt;
Progress payment invoices do not relieve the utility owner of the responsibility of submitting one complete and final invoice upon completion of the adjustment. The utility owner’s address must be shown on the invoice. The district utilities staff should submit progress payment invoices and applicable C-9s to Financial Services within one (1) week of receipt of invoice.&lt;br /&gt;
&lt;br /&gt;
One copy of the progress payment and one copy of the district utilities staff letter of recommendation must be sent to Financial Services for payment and be stored in MoProjects. The cover memo should include the project number, route, county, actual cost or lump sum utility agreement, Commission obligation percentage, total cost estimate of Commission obligation, and indicate the progress payment number, i.e., progress payment number 1, 2, 3, etc. If more than one progress payment is requested by the utility company, the district should submit progress payment bills to Financial Services in the following format:&lt;br /&gt;
{| class=&amp;quot;wikitable&amp;quot; style=&amp;quot;margin-left: 25px; text-align:center&amp;quot;&lt;br /&gt;
! Payment !! Amount&lt;br /&gt;
|-&lt;br /&gt;
| Progress Payment #1 || $50,000&lt;br /&gt;
|-&lt;br /&gt;
| Progress Payment #2 || 10,000&lt;br /&gt;
|-	&lt;br /&gt;
| Total Payment to Date || $60,000&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
This format will help clarify payment history with the utility owner. Progress payments for actual cost utility agreements may not exceed the Commission&#039;s total estimated cost shown in the agreement. However, if the request for a progress payment exceeds the original estimate, a change order with explanation should accompany the request. (See [[#643.2.16.5_Change_Orders|EPG 643.2.16.5 Change Orders]].)&lt;br /&gt;
&lt;br /&gt;
====643.2.14.4.3 Final Payment====&lt;br /&gt;
Utility owners are required to submit a detailed final invoice to MoDOT for all actual cost reimbursable utility work and for any lump sum reimbursable utility work that was not prepaid. For prepaid lump agreements, the utility owner must submit a zero-dollar ($0) invoice to demonstrate the work has been completed. After the utility work has been fully completed, the district utilities staff responsible for inspection should send the utility owner a “60 Day” [https://epg.modot.org/forms/general_files/DE/FinalInvoiceLetter.docx Final Acceptance Letter] requesting a complete final invoice within 60 days, as detailed in the utility agreement. If the final invoice is not received from the utility owner within 30 days, then a follow up letter should be sent (i.e., “30 Day” [https://epg.modot.org/forms/general_files/DE/FinalInvoiceReminderLetter.docx Reminder Final Invoice Letter]) reminding the utility owner of its obligation to submit a final invoice within 60 days of the completed work. If a final invoice from the utility owner is not received within this timeframe, then the district utilities staff should contact the Design Liaison Engineer for guidance on how to close out the work.&lt;br /&gt;
&lt;br /&gt;
The district utilities staff is expected to check the final bill within two (2) weeks after receipt in as much detail as possible against the C-9. It is their responsibility to verify from field records the quantities of labor, equipment, material used, material retired, and to justify all changes made. If the utility owner’s contractor made the adjustment at unit cost prices, then it is the district utility staff’s responsibility to verify the number of units completed and not the hours of labor and equipment. It is also important for the utility owner to show the words “final bill” or “final invoice” on the last bill, in order for MoDOT to understand that no additional charges will be made on the adjustment. The final bill must show a general description of the utility adjustment, the highway project number, the date on which work was completed or last item of billed expense was incurred, and the location where records can be audited. The order of items in the final statement should follow as closely as possible the order of items in the original estimate. A summary, on the utility owner’s letterhead, of the total cost of preliminary engineering, construction engineering, right of way, labor, overhead, construction travel expense, transportation, equipment, materials, supply, handling, and salvage credits should be shown in a way that will permit direct comparison with the approved estimate from the original or supplemental agreements (see [[#643.2.12.6_Supplemental_Agreements|EPG 643.2.12.6]]).&lt;br /&gt;
&lt;br /&gt;
If the Actual Cost final invoice shows a much higher cost than the original estimate without scope change, the utility owner is required to give reasons in a letter to the district utilities staff explaining why the invoice cost increased. When the Actual Cost final invoice exceeds the amount shown in the table in [[#643.2.12.6_Supplemental_Agreements|EPG 643.2.12.6]], a supplemental agreement is required.&lt;br /&gt;
&lt;br /&gt;
When the district utilities staff has determined that the final invoice is accurate, the C-13 should be completed. Once the C-13 is completed, the C-13 and the final invoice from the utility owner are forward to Financial Services. For Actual Cost agreements, the C-9s should also be included in this transmittal. If no additional payments are required, the district utilities staff should note this in the transmittal as well. If the final invoice indicates previous payments to a utility owner exceeded the final invoice, the utility owner will need to send MoDOT a check for the overpayment amount. The check should be made payable to Director of Revenue – Credit State Road Fund. If the utility owner did not send MoDOT an overpayment check with the final invoice, district utilities staff should send a letter to the utility owner requesting the refund amount. Submittal of the final invoice to Financial Services should not occur until repayment has been received. The submittal to Financial Services should note the receipt of the repayment check.&lt;br /&gt;
&lt;br /&gt;
==643.2.15 Notice to Proceed==&lt;br /&gt;
For PE only, once an agreement has been executed, and Financial Services has advised that authorization from FHWA has been received, district utilities staff will issue a notice to proceed (NTP) letter to the utility owner for the PE. For agreements that include PE and construction or once a final agreement for construction has been executed, right of way clearance has been issued, and Financial Services has advised that authorization from FHWA has been received, the district utilities staff will issue NTP to the utility owner for construction. See [https://epg.modot.org/forms/general_files/DE/NoticeToProceedExampleLetter.docx Example of Notice to Proceed Letter]. If salvage credit is part of the agreement with the utility owner, the NTP letter should include a statement that the utility owner will need to inform district utilities staff of the time and place that inspection may be made of the removed material. The utility owner may be held accountable for full value of materials disposed without proper notice. Utility owners may purchase materials prior to NTP for construction; however, no other work on the adjustment necessary to allow highway construction may begin prior to NTP for construction. The utility owner, for reasons of planning their workload or due to seasonal situations, may request early authorization to perform the work. This request, with the district utilities staff recommendations, is sent to the Design Liaison Engineer for further handling, approval, and advancement of the necessary funds. A copy of the NTP should be saved in MoProjects. If a utility owner begins adjustments prior to NTP for construction, district utilities staff should notify the utility owner immediately in writing that reimbursement will not be made for work done prior to NTP for construction.&lt;br /&gt;
&lt;br /&gt;
==643.2.16 Construction of Utility Adjustments==&lt;br /&gt;
===643.2.16.1 Utility Owner Self-Perform===&lt;br /&gt;
As per 23 CFR 645.115 Construction, it may be cost-effective for certain utility adjustments to be performed by a utility owner with its own internal forces and equipment, provided the utility owner is qualified to perform the work in a satisfactory manner. This cost-effectiveness finding covers minor work on the utility owner’s existing utility facilities routinely performed by the utility owner with its own forces.&lt;br /&gt;
&lt;br /&gt;
===643.2.16.2 Construction Contract Requirements===&lt;br /&gt;
When the utility owner is not adequately staffed and equipped to perform such work with its own forces and equipment at a time convenient to coordination with the associated highway construction, such work may be done one of four ways for utility adjustments:&lt;br /&gt;
# MoDOT can provide the construction services, via awarded contract to the lowest qualified bidder based on appropriate solicitation. This can be done by including the adjustment work in the roadway improvement project ([[#643.2.14_Payment_to_Utility_Companies_for_Reimbursable_Work|EPG 643.2.12.4 Utility Agreement for Utility Work Included in Roadway Improvement Project]]) or by having a utility only project ([[#643.2.12.5_Agreement_for_a_Utility_Only_Project|EPG 643.2.12.5 Utility Only Project]]).&lt;br /&gt;
# The utility owner can award a construction contract to the lowest qualified bidder based on appropriate solicitation.&lt;br /&gt;
# The utility owner can utilize an existing continuing contract, provided the costs are reasonable (see [[#643.2.9.1_Independent_Cost_Estimate|EPG 643.2.9.1 Independent Cost Estimate]]).&lt;br /&gt;
# The utility owner can contract for low-cost incidental work, such as tree trimming and the like, without competitive bidding, provided the costs are reasonable (see [[#643.2.9.1_Independent_Cost_Estimate|EPG 643.2.9.1 Independent Cost Estimate]]).&lt;br /&gt;
&lt;br /&gt;
When a utility owner chooses option 2 to award its own new construction contract, the utility owner must provide the following documents and information to the district utilities staff. These documents need to be provided as soon as the utility owner has chosen to pursue a construction contract. Document 1 must be supplied by all utility owners. Documents 2 and 3 are only required when the utility owner is a local government agency who is also a political subdivision of the state of Missouri (e.g., city-owned utilities, county-owned utilities). All other utility owners are encouraged, but not required, to provide Documents 2 and 3.&lt;br /&gt;
# A statement that the utility owner is not staffed or able to perform the required construction activities with its own forces.&lt;br /&gt;
# A copy of the request for proposal used to secure bids.&lt;br /&gt;
# A list of a minimum of 3 bidders whom they believe can do the work. &#039;&#039;&#039;Political subdivisions are required to advertise for the work&#039;&#039;&#039;.&lt;br /&gt;
# Upon review of these documents, the district utilities staff will advise the utility owner to proceed with the solicitation of bids, but the utility owner will not be permitted to award the contract without the concurrence of district utilities staff. For lump sum agreements, approval of contract work and subcontract work is not required.&lt;br /&gt;
&lt;br /&gt;
The following documents need to be provided as soon as the utility owner has determined the lowest qualified contractor and would like to award the project. Document 1 must be supplied by all utility owners. Document 2 is only required when the utility owner is a local government agency who is also a political subdivision of the state of Missouri (e.g., city-owned utilities, county-owned utilities). All other utility owners are encouraged, but not required, to provide Document 2.&lt;br /&gt;
# The name address of the lowest qualified contractor.&lt;br /&gt;
# The tabulation of bids received and other information to support their recommendation for award to the lowest qualified bidder.&lt;br /&gt;
&lt;br /&gt;
The district utilities staff will review and approve the utility owner&#039;s bid information prior to the award of the contract. The Design Liaison Engineer is available to assist the district with review of bid information if necessary. Once the district utilities staff provides concurrence, the utility owner may proceed with awarding the contract. When the utility owner is a local government agency who is also a political subdivision of the state of Missouri (e.g., city-owned utilities, county-owned utilities), a copy of the executed contract must be shared with the district utilities staff. All other utility owners are encouraged, but not required, to provide a copy of the executed contract.&lt;br /&gt;
&lt;br /&gt;
A [https://epg.modot.org/forms/general_forms/DE/UtilityConsultantContractChecklist.docx checklist is available for reviewing contracts] to ensure the contract conforms to MoDOT policy and complies with applicable federal regulations.&lt;br /&gt;
&lt;br /&gt;
When a utility owner chooses to utilize an existing continuing contract, the utility owner will submit a copy of the contract to the district utilities staff. The district utilities staff will review the contract for reasonableness of cost. If district utilities staff and the utility owner’s representative cannot agree on the reasonableness of cost, then the utility owner will be required to award a new construction contract.&lt;br /&gt;
&lt;br /&gt;
===643.2.16.3 Inspection===&lt;br /&gt;
The degree of inspection needed for utility adjustments will vary considerably with the nature and location of the work and whether the Commission is responsible for any portion of the cost of reimbursement. Judgment must be used regarding the manner and regularity of inspection duties. Some phases of the work require a very close check to ensure that the highway will not be adversely affected and to ensure satisfactory performance of work in accordance with the agreement and plans. The degree of inspection may vary from spot checking of overhead installations to continuous close observation of backfilling trenches beneath proposed pavement, embankment area, or adjacent to bridge abutments. Proper inspection can ensure that the utility adjustment is completed as efficiently as possible to minimize future impacts to the utility facility and the highway construction project. A [https://epg.modot.org/forms/general_files/DE/UtilityFieldInspectionChecklist.docx Field Inspection Checklist] to assist district utilities staff responsible for inspection is available.&lt;br /&gt;
&lt;br /&gt;
If it is found that any actual cost reimbursable utility adjustment is being performed by unapproved contractors, district utilities staff should direct the work to stop. The utility owner’s representative should be informed immediately and should be advised in writing that the costs incurred by an unapproved contractor are not eligible for reimbursement under provisions of the agreement. The district utilities staff can take appropriate steps to approve a subcontract and advise when the utility owner can recommence work.&lt;br /&gt;
&lt;br /&gt;
===643.2.16.4 Documentation===&lt;br /&gt;
All documents related to the construction of the utility adjustment necessary to allow highway construction should be stored in MoProjects.&lt;br /&gt;
&lt;br /&gt;
Construction records must be kept to confirm that work is done in accordance with the terms of the agreement and in the manner proposed in the plans. The importance of a complete and accurate record cannot be overemphasized. Detailed records are necessary to support the recommendation for payment of the final invoice. A complete, separate daily record must be kept on each actual cost adjustment and submitted for review when the final invoice is recommended for payment. This district utilities staff responsible for inspection should complete the Daily Utility Report (C-9).&lt;br /&gt;
&lt;br /&gt;
====643.2.16.4.1 Utility Reports====&lt;br /&gt;
The Daily Utility Report ([https://epg.modot.org/forms/general_files/DE/C-9.docx Form C-9]) and the Final Utility Report ([https://epg.modot.org/forms/general_files/DE/C-13.docx Form C-13]) are used for documenting utility adjustments necessary to allow highway construction. The use of C-9s and C-13s will vary with method of reimbursement. For utility adjustments necessary to allow highway construction that overlap with the highway contractor’s work, progress records should be kept as necessary to coordinate the highway and utility construction activities. Sufficient records must be maintained to check and verify the items of labor, equipment, materials, and salvaged items as submitted on the final invoice.&lt;br /&gt;
&lt;br /&gt;
=====643.2.16.4.1.1 Daily Utility Report (C-9)=====&lt;br /&gt;
C-9s are only required for actual cost agreements. The district utilities staff responsible for inspection must in all cases keep records to document inclement weather, down time, and verbal authorization for minor changes. The district utilities staff responsible for inspection must complete a C-9 documenting the number and classification of employees and number of hours worked. Records of material used and of retired materials returned to stock or scrapped must be kept. The utility owner’s major items of equipment must also be recorded. When work is done by the contract method based on unit prices, the district utilities staff responsible for inspection should ascertain that units of work as provided in the bid proposal are measured and recorded to form a basis for checking the final invoice. C-9s should list the location and the number of units of work accomplished for that period. If contract labor or equipment is used by a utility owner on the basis of a bid per hour, per day, etc., it will be necessary to keep records on this labor or equipment time in the same manner as if the utility owner were performing the work with its own internal forces. District utilities staff responsible for inspection should also note all contractors working for the utility owner and the contractor approval authorization dates given in the agreement.&lt;br /&gt;
&lt;br /&gt;
=====643.2.16.4.1.2 Final Utility Report (C-13)=====&lt;br /&gt;
C-13s summarize that the utility adjustment work that was done in accordance with the agreement and plans, the percentage of total cost that is the responsibility of the Commission, and any progress payments that have been made. A C-13 is required for both actual cost and lump sum agreements. The requested numbers shown on line 9 (Commission Estimated Cost) and line 10 (Amount of Final Bill) in the report are the Commission’s total responsibility.&lt;br /&gt;
&lt;br /&gt;
====643.2.16.4.2 Breakdown and Emergency====&lt;br /&gt;
When breakdown and emergency situations occur, prior approval by MoDOT is not required for contract or equipment rental work unless the cost or period of time will be extensive. The utility owner should furnish a letter as soon as possible to explain the situation and set out the estimated costs involved. The district utilities staff’s records should substantiate the need and the changes for personnel and equipment.&lt;br /&gt;
&lt;br /&gt;
====643.2.16.4.3 Stop Work====&lt;br /&gt;
If at any point, a stop work order is given by MoDOT to a utility owner, written documentation of the stop work order should be saved in MoProjects.&lt;br /&gt;
&lt;br /&gt;
===643.2.16.5 Change Orders===&lt;br /&gt;
Any change in the plan of adjustment should be documented in writing to the utility owner as a change order. If the change order is anticipated to exceed $100,000 or 15% of the original agreement amount, district utilities staff should negotiate a supplemental agreement with the utility owner’s representative. Once a supplemental agreement is in place, district utilities staff should contact Financial Services to obtain an adjustment of the obligation mid-project. Change orders without supplemental agreements will be settled once the project is complete.&lt;br /&gt;
&lt;br /&gt;
====643.2.16.5.1 Actual Cost Agreement====&lt;br /&gt;
Slight modifications in quantities or the addition of minor items not included with the original agreement do not require a supplemental agreement. However, such changes should be documented in writing with the utility owner. A supplemental agreement is needed if costs exceed the above threshold or if there is a change in the percentage of cost that is the Commission’s responsibility on an agreement with shared responsibility for costs. Intermediate partial payments cannot be made on items in a supplemental agreement until the supplemental agreement is approved.&lt;br /&gt;
&lt;br /&gt;
====643.2.16.5.2 Lump Sum Agreement====&lt;br /&gt;
A supplemental agreement to a Lump Sum Agreement is only required for significant changes in the scope of work of the utility adjustment necessary to allow highway construction. Normal overruns are not considered as changes in approved work and will not be reimbursed. Significant changes in the scope of work on utility adjustments necessary to allow highway construction cannot be done until the supplemental agreement is approved, and the adjustment in obligation of funds is complete.&lt;br /&gt;
&lt;br /&gt;
==643.2.17 Utilities during Highway Construction==&lt;br /&gt;
The contractor is responsible for having utilities located by contacting Missouri One-Call (811) prior to any excavation on the project. A reminder of this responsibility should be made at the preconstruction meeting.&lt;br /&gt;
&lt;br /&gt;
===643.2.17.1 Preconstruction Meeting (Pre-Con)===&lt;br /&gt;
District utilities staff should be invited to all pre-cons.&lt;br /&gt;
&lt;br /&gt;
Pre-cons fall into three categories relating to utilities:&lt;br /&gt;
# No utility adjustments are anticipated within the project limits,&lt;br /&gt;
# All utility adjustments completed prior to the pre-con, and&lt;br /&gt;
# All utility adjustments not completed prior to the pre-con.&lt;br /&gt;
&lt;br /&gt;
====643.2.17.1.1 No Utility Adjustments Anticipated within the Project Limits====&lt;br /&gt;
For projects without a Utility Job Special Provision (JSP), no involvement of the utility owners is required at the pre-con. For projects with a Utility JSP, the Resident Engineer (RE) should invite all utility owner representatives listed in the JSP with known required adjustment to the pre-con. The RE should review potential impacts of the highway construction project with the contractor and the utility owner.&lt;br /&gt;
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====643.2.17.1.2 All Utility Adjustments Completed Prior to the Pre-Con====&lt;br /&gt;
The RE should invite all utility owner representatives listed in the JSP with known required adjustment to the pre-con. The RE should review potential impacts of the highway construction project with the contractor and the utility owner. A general discussion should highlight the previous adjustments made by the utility owner and what abandoned utility facilities the contractor may encounter.&lt;br /&gt;
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====643.2.17.1.3 All Utility Adjustments Not Completed Prior to the Pre-Con====&lt;br /&gt;
It is important for the RE and inspector to understand the utility owner’s work schedule and how it relates to the contractor’s work schedule. During the pre-con, the schedule of the utility owner and highway construction contractor should be discussed, and conflicts should be addressed to allow utility adjustments and highway construction to progress as near to the proposed schedule as possible. On large-scale projects that have many utility issues to address that could impact the work of the highway construction contractor, it may be necessary to have a separate pre-con with utility owner representatives.&lt;br /&gt;
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===643.2.17.2 Coordination Meetings===&lt;br /&gt;
When the utility work will not be completed soon after the preconstruction meeting, the RE should meet with district utilities staff, the highway construction contractor, and the utility owner representatives on a regular basis to discuss utility coordination issues, so expectations from all parties are known and conveyed clearly. The utility owner may need some work performed by MoDOT or the highway construction contractor prior to completing their adjustments. (Examples include: survey staking of right of way or proposed facilities, trees cleared, grading performed, or new structures built).&lt;br /&gt;
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==643.2.18 Service Drops==&lt;br /&gt;
Power and communication services provided by utility owners are necessary for the operation of the highway system. These services may include power to traffic signals, lighting, or ITS devices; power for cathodic protection; or telecommunication services to signal controllers or ITS devices. The project design teams should work with district utilities staff to identify proper locations for the applicable utility owners to provide these services. Various utility owners have different requirements for this process. The district utilities staff is encouraged to develop a workable relationship with the utility owners who provide these services to MoDOT. The costs of installing the services charged by the utility owner are considered a non-contractual item and should be accounted for in the project’s budget in the STIP. The proposed location and method for the service drops should be shown on the roadway plans. District utilities staff should meet with the utility owner’s representative to ensure the proposed location can be accommodated by the utility owner. For electrical service connections, the power supply assembly is ideally located a maximum of ten feet (10’) from the source location. Plans submitted for PS&amp;amp;E should reflect the agreed upon location for all service connections. During construction, district utilities staff and district construction staff should work together to ensure the placement of the services is consistent with the project plans. Payment for the service drops should be invoiced by the utility owner to the district. District utilities staff is responsible for submission of the invoice directly to Financial Services for payment noting the non-contractual charges for the project.&lt;br /&gt;
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==643.2.19 Buy America Build America for Utilities==&lt;br /&gt;
FHWA’s Buy America Build America (BABA) policies require a domestic manufacturing process for all steel or iron products, other construction materials, and manufactured products that are permanently incorporated into Federal-Aid Highway construction projects, including products and materials used for adjustments to utility facilities to allow highway construction. These guidelines are for all federally reimbursable transportation projects where FHWA is the lead federal agency; it does not take precedence over projects where Federal Transit Administration or the Federal Railroad Administration is deemed the be the lead federal agency.&lt;br /&gt;
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===643.2.19.1 Program Requirements for Utilities===&lt;br /&gt;
All MoDOT projects are federal-aid projects, and therefore, all reimbursable utility adjustments are required to follow the provisions of BABA. More information on MoDOT’s BABA policy and procedures can be found in [[106.9_Buy_America_Requirement|EPG 106.9 Buy America Requirement]]. Specifically, utility owners should be aware of the following procedures for determining applicability of the EPG 106.9 requirements to reimbursable utility adjustments necessary to allow highway construction:&lt;br /&gt;
* BABA does not apply when materials are relocated from one location to another within the project limits.&lt;br /&gt;
* BABA does not apply for materials necessary for temporary utility adjustments assuming materials are removed from the right of way upon completion of the utility adjustment to allow highway construction.&lt;br /&gt;
* Non-reimbursable work must be kept separate from reimbursable work (agreements, permits, etc.) in order to not be subject to BABA.&lt;br /&gt;
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===643.2.19.2 Certification Requirements for Utilities===&lt;br /&gt;
Utility owners have the option of choosing either to self-certify BABA compliance or provide vendor/manufacturer certification to MoDOT. The method of certification is chosen by the utility owner and is documented in either the MRUA or the project specific agreement. Regardless of agreement type or certification method, the utility owner must be compliant with BABA requirements.&lt;br /&gt;
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====643.2.19.2.1 BABA Utility Owner Self-Certification====&lt;br /&gt;
If a utility owner chooses to self-certify BABA compliance, the utility owner is not required to provide MoDOT copies of the supplier certification as part of the project documentation or with the final invoice for any reimbursable utility adjustment necessary to allow highway construction. Retention of all documents should be as described in the agreement.&lt;br /&gt;
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====643.2.19.2.2 BABA Vendor/Manufacturer Certification====&lt;br /&gt;
If a utility owner chooses to use vendor/manufacturer certification, the utility owner will supply MoDOT BABA compliance from all vendors and/or manufacturers. Certification from vendors will be signed by an authorized representative of the vendor on company letterhead or other acceptable documentation and will declare that all supplied materials subject to BABA requirements are fully compliant. Certification from iron or steel manufacturers must be in the form of a mill test report (MTF) issued and signed by the initial fabricator stating the materials subject to BABA were melted and manufactured in the United States. Other written statements on company letter or other acceptable documentation signed by an authorized representative of the manufacturer for any additional treatment to the fabricated material (such as blasting, galvanizing, painting, or coating) will state that all treatment processes occurred in the United States according to FWA guidelines. Retention of all documents should be as described in the agreement. Manufacturer certification for manufactured products or construction materials will state that all materials were sourced from the United States and were fabricated in the United States. Retention of all documents should be as described in the agreement.&lt;br /&gt;
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&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643.3 Reserved for Future Use &#039;&#039;PAGE TITLE&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;&lt;br /&gt;
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&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643.4 Railroads (NO CHANGE) &#039;&#039;PAGE TITLE&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;&lt;br /&gt;
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==236.5.12 Excess Land Conveyances &amp;amp; Relinquishments - Utilities==&lt;br /&gt;
All conveyances and relinquishments of Commission-owned property shall be evaluated for the existence of any utility facilities located within the areas to be conveyed or relinquished. A conveyance or relinquishment of Commission-owned property may have implications to the utility facilities, and the utility owners, when the Commission no longer controls the property. It is important to maintain the continuity of utility facilities for the general public; therefore, to identify and minimize potential impacts, MoDOT shall involve utility owners in the conveyance and relinquishment processes.&lt;br /&gt;
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===236.5.12.1 Excess Land Conveyances Utilities===&lt;br /&gt;
MoDOT shall only recommend that a property be declared excess upon satisfactorily addressing the utility impacts. Whether MoDOT or an external party initiates the conveyance of excess property, utility impacts shall be adequately addressed by using one of the following methods: &lt;br /&gt;
:1. Each utility facility will be relocated by permit into a new utility corridor retained by the Commission.&lt;br /&gt;
:2. Each utility facility will remain in place with the benefit of a non-exclusive permanent utility easement.&lt;br /&gt;
::&#039;&#039;If the Commission holds fee simple title to the property, the Commission shall convey a non-exclusive permanent utility easement to each utility owner&#039;&#039;.&lt;br /&gt;
::&#039;&#039;If the Commission holds a less than fee simple title interest in the property, MoDOT shall facilitate the conveyance of a non-exclusive permanent utility easement from the party acquiring the property to each utility owner&#039;&#039;.&lt;br /&gt;
:3. Each utility facility will be relocated to another portion of the property being conveyed.&lt;br /&gt;
::&#039;&#039;If the Commission holds fee simple title to the property, the Commission shall convey a non-exclusive permanent utility easement to each utility owner&#039;&#039;. &lt;br /&gt;
::&#039;&#039;If the Commission holds a less than fee simple title interest in the property, MoDOT shall facilitate the conveyance of a non-exclusive permanent utility easement from the party acquiring the property to each utility owner&#039;&#039;.&lt;br /&gt;
:4. Each utility facility will be relocated onto a portion of the property already owned by the party acquiring the Commission-owned property, with the benefit of a non-exclusive permanent easement. (MoDOT shall facilitate the conveyance of a non-exclusive permanent utility easement from the party acquiring the property to each utility owner.)&lt;br /&gt;
:5. A three-party negotiated settlement taking into consideration the overall value of the proposed transaction.&lt;br /&gt;
:6. Additional options to address utility impacts may be utilized with approval from the Asst. to the State Design Engineer - Right of Way.&lt;br /&gt;
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===236.5.12.2 Road Relinquishment Utilities===&lt;br /&gt;
MoDOT shall only recommend the relinquishment of roadways through the [[236.14 Change in Route Status Report|Change in Route Status Report]] upon satisfactorily addressing the impacts to utility facilities. If the roadway will be relinquished to a local public transportation authority, with the intent that it continues to be used as a public roadway, a clause similar to the following shall be included in the deed from the Commission to the local public transportation authority:&lt;br /&gt;
:&#039;&#039;&amp;quot;Grantee, by acceptance of this conveyance, covenants and agrees for itself, its successors and assigns, to allow known or unknown utility facilities currently located on the property, whether of record or not, to remain on the property, and to grant the current and subsequent owners of those facilities the right to maintain, construct and reconstruct the facilities and their appurtenances over, under, and across the land herein conveyed, along with the right of ingress and egress across the land herein conveyed to and from those utilities.&amp;quot;&#039;&#039; &lt;br /&gt;
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Proposed roadway relinquishments to private entities shall be reviewed in a manner consistent with the conveyance of excess property described in [[236.5 Property Management#236.5.3 Asset Management Committee|EPG 236.5.3 Asset Management Committee]].&lt;/div&gt;</summary>
		<author><name>Hoskir</name></author>
	</entry>
	<entry>
		<id>https://epg.modot.org/index.php?title=User:Hoskir/Revision_Request_4225&amp;diff=58899</id>
		<title>User:Hoskir/Revision Request 4225</title>
		<link rel="alternate" type="text/html" href="https://epg.modot.org/index.php?title=User:Hoskir/Revision_Request_4225&amp;diff=58899"/>
		<updated>2026-06-26T12:49:37Z</updated>

		<summary type="html">&lt;p&gt;Hoskir: /* 643.1.3.1.1.4 Sanitary Sewers within the Right of Way of Interstates or Other Major Freeways/Expressways */&lt;/p&gt;
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&lt;div&gt;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643 Utility Procedures  &#039;&#039;CATEGORY&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt; &lt;br /&gt;
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| &#039;&#039;&#039;&amp;lt;center&amp;gt;&amp;lt;u&amp;gt;Additional Resources&amp;lt;/u&amp;gt;&amp;lt;/center&amp;gt;&#039;&#039;&#039;&lt;br /&gt;
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| ● [https://www.ecfr.gov/current/title-23/chapter-I/subchapter-G/part-64523 CFR 645]&lt;br /&gt;
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| ● [https://www.sos.mo.gov/cmsimages/adrules/csr/current/7csr/7c10-3.pdf7 CSR 10-30]&lt;br /&gt;
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&#039;&#039;&#039;Utility Accommodation Policy:&#039;&#039;&#039; State DOTs are required to develop policies and procedures pertaining to the use, accommodation, and/or relocation of public and private utility facilities on highway rights-of way using Federal-aid highway funds. State DOTs are required to develop, maintain, and obtain FHWA approval of their Utility Accommodation Policy (UAP) (23 CFR section 645.215). This EPG article 643 and subarticles 643.1 through 643.3 are Missouri Department of Transportation (MoDOT)’s Utility Accommodation Policy. Text in EPG 643 consolidates various federal and state statutes and rules into a single, cohesive, workable policy to outline processes for MoDOT staff and utility owners.&lt;br /&gt;
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&#039;&#039;&#039;Delegation of Work:&#039;&#039;&#039; Each MoDOT district is responsible for ensuring implementation of the UAP outlined in the subsequent EPG articles. Each district can create its own organization for whom is responsible for the work including between divisions and job titles. Work responsibilities within this article and subarticles are generic where possible. If a specific title is included, that title has sole responsibility for that item of work.&lt;br /&gt;
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&#039;&#039;&#039;643 documents not being used&#039;&#039;&#039;&lt;br /&gt;
[[media:144 Major Highway System 2022.pdf|major routes]]&lt;br /&gt;
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&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643.1 Utility Location  &#039;&#039;PAGE TITLE&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt; &lt;br /&gt;
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The information in this article provides a uniform system for regulating the location, construction, maintenance, removal, and relocation of utility facilities on the right of way of roadways located on the state highway system. It also provides for the facilitation of construction and maintenance of these roadways. Any location or relocation of utility facilities contrary to this information is an interference with the construction, maintenance, or operation of a state highway and its right of way and is prohibited.&lt;br /&gt;
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==643.1.1 Permits==&lt;br /&gt;
All utility owners are required to obtain a permit to work on Missouri Highway and Transportation Commission (Commission) right of way. A permit is required for original installation of the utility facility, on-going maintenance of the utility facility, or adjustments to a utility facility necessary to allow highway construction. Per [[127.29_Stormwater#127.29.4.3_MCM_3:_Illicit_Discharge_Detection_and_Elimination_(IDDE)_Program|EPG 127.29.4.3]], discharges of anything other than stormwater are not permitted. A deposit or bond is required to ensure completion of the work in accordance with the permit issued. An [https://www.modot.org/permits application for a permit] may be made on established forms specifically stating the nature of the work to be performed. Applications for permits may be obtained at any of the [https://www.modot.mo.gov/ seven (7) district highway offices] of the Commission, [https://www.modot.mo.gov/ MoDOT&#039;s website], or by requesting it from the office of the Missouri Highways and Transportation Commission in Jefferson City, Missouri. The application for a permit will specifically state the nature of the work to be performed, what specific type of utility facility is to be installed, and, if necessary, the timeframe of any temporary use. Piping of any type of sewage or waste will only be allowed providing any permitting by a regulatory agency, such as Missouri Department of Natural Resources, can be provided. Prior to obtaining a permit through MoDOT’s permit system, a utility owner will be required to provide a bond to ensure satisfactory work and complete a TR50 Electronic Signature Agreement with the Commission. The name of the utility owner must match on the bond, TR50, and in the permit system. More information on permitting can be found in [[:Category:941_Permits_and_Access_Requests|EPG 941]].&lt;br /&gt;
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===643.1.1.1 Emergency Work===&lt;br /&gt;
When emergency operations work is necessary, the damaged utility facility may be accessed immediately and without a permit by leaving the pavement at such points as may be necessary to effect emergency repairs, provided immediate notice is given to the Missouri State Highway Patrol and the district utilities staff for the district wherein the work will be performed, and a permit for emergency operations is requested immediately upon discovery of the need for emergency operations. A permit for emergency operations work is to be obtained as soon as practical, but in no event later than two (2) working days after the emergency operations work has commenced. Emergency operations include, but are not limited to, unplanned work in response to utility facilities being so damaged as to constitute an emergency situation directly affecting or endangering traffic on the highway or public health or safety.&lt;br /&gt;
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===643.1.1.2 Third-Party Inspection===&lt;br /&gt;
When a utility owner has a large number of projects in a given area or projects involving great complexity, MoDOT reserves the right to limit the number of permits open at any given time. With approval of the district utilities staff, a utility owner may hire a third-party inspector, at their cost. The third-party inspector will allow the utility owner to increase the number of permits open at any given time. The responsibility of the third-party inspector will be to ensure the installation of the utility facility proceeds in a manner consistent with the plans approved in the permit, including all work zone requirements and conformity with MoDOT’s Standards and Specifications. The MoDOT approved third-party inspector will be listed in the permit. MoDOT may audit third-party inspections and revoke the right to use third-party inspections should the inspectors fail to perform their duties.&lt;br /&gt;
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===643.1.1.3 Abandoned Utility Facilities===&lt;br /&gt;
All utility facilities installed in Commission right of way are the property of the utility owner whether the utility facility is active or inactive. MoDOT may allow a utility facility to remain on Commission right of way whether the utility facility was abandoned for a MoDOT project or at the utility owner’s discretion. MoDOT may place requirements (such as removing inactive fiber optic cables, grouting pipes, removing valves) on the utility owner as part of the process of abandoning a utility facility. Liability for damage to Commission right of way due to an abandoned facility remains the responsibility of the utility owner. In the event MoDOT requires the removal of the abandoned utility facility, responsibility for the cost of the removal will be determined per [[#643.2.8_Cost_Responsibility|EPG 643.2.8]].&lt;br /&gt;
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==643.1.2 Definitions==&lt;br /&gt;
&#039;&#039;&#039;Bridge Attachment:&#039;&#039;&#039; A bridge attachment is any utility facility, including communication lines and electrical lines, or any other utility facility of a similar nature that is fastened to a bridge for the purpose of spanning an obstacle.&lt;br /&gt;
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&#039;&#039;&#039;Clear zone:&#039;&#039;&#039; The total roadside border area starting at the edge of the traveled way, available for safe use by errant vehicles. This area may consist of a shoulder, a recoverable slope, a non-recoverable slope, and/or the area at the toe of a non-recoverable slope available for safe use by an errant vehicle. Clear zone dimensions are provided in the current edition of American Association of State Highway Transportation Officials Roadside Design Guide.&lt;br /&gt;
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&#039;&#039;&#039;Ditch Line:&#039;&#039;&#039; A line where the roadway ditch meets the back slope. It is located at the lowest point of a V-bottom ditch or furthest point from the roadway of a flat bottom ditch where the roadway slopes back to the existing ground line.&lt;br /&gt;
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&#039;&#039;&#039;Duct:&#039;&#039;&#039; An enclosed tubular casing, or raceway, for protecting wires, lines, or cables that is often flexible or semi-rigid (1-3% diametric deflection). The casing, or raceway, is separate from the cable or conductor that passes through it.&lt;br /&gt;
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&#039;&#039;&#039;Encasement:&#039;&#039;&#039; The term encasement means the placing of an installation around and outside of an underground facility consisting of a larger conduit that permits the removal and replacement of the facility. An alternate to the conduit type encasement is reinforced concrete poured around the utility facility. Utility owners are allowed to use any types of material as a carrier and encasement for its facilities as expressly provided for in the permit issued for the installation of the utility facility.&lt;br /&gt;
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&#039;&#039;&#039;Freeway:&#039;&#039;&#039; A divided arterial highway with full control of access.&lt;br /&gt;
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&#039;&#039;&#039;Highway:&#039;&#039;&#039; Any public way for vehicular travel, including the entire area within the right of way and related facilities constructed or improved and maintained by the Missouri Highways and Transportation Commission (MHTC) acting through the Missouri Department of Transportation (MoDOT).&lt;br /&gt;
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&#039;&#039;&#039;Interchange Limits:&#039;&#039;&#039; For the uniform handling of utility installations only, the limits of an interchange are the outside ramp curve points. See [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_1_TypicalInterchangeLimits_AOD.pdf EPG Figure 643.1.1] for an example.&lt;br /&gt;
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&#039;&#039;&#039;Interstate System or Other Freeways/Expressways:&#039;&#039;&#039; Interstate highways and highways with fully controlled access.&lt;br /&gt;
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&#039;&#039;&#039;Major Routes (Interstates, Freeways/Expressways and Principal Arterials):&#039;&#039;&#039; The major highway system is all routes functionally classified as principal arterials. The principal arterial system provides for statewide or interstate movement of traffic. The major roads in Missouri total approximately 5,500 centerline miles.&lt;br /&gt;
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&#039;&#039;&#039;Minor Routes:&#039;&#039;&#039; The minor highway system is all routes functionally classified as minor arterials or collectors. These routes mainly serve local transportation needs. The minor roads in Missouri total approximately 28,400 centerline miles.&lt;br /&gt;
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&#039;&#039;&#039;Normal Right of Way Line:&#039;&#039;&#039; An imaginary line that connects sudden breaks in the major right of way points for roadways. Sight distance right of way points (triangles) at roadway intersections are not to be considered as sudden breaks for determining normal right of way.&lt;br /&gt;
[[File:fig_643.1.2-06_2026.jpg|none|700px|thumb|Figure 643.1.2 Normal Right of Way Line.]]&lt;br /&gt;
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&#039;&#039;&#039;Private Lines:&#039;&#039;&#039; Privately owned utility facilities which convey or transmit the commodities outlined in the definition of utility facility of this section but devoted exclusively to private use.&lt;br /&gt;
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&#039;&#039;&#039;Scenic Enhancement Areas:&#039;&#039;&#039; Scenic enhancement areas include areas acquired or so designated as scenic strips, overlooks, rest areas, recreation areas, and the right of way of adjacent roadways and the right of way of roadways that pass through public parks and historic sites as described under 23 USC 138.&lt;br /&gt;
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&#039;&#039;&#039;Utility Corridor:&#039;&#039;&#039; An area established for the placement of utility facilities parallel to the normal right of way line.&lt;br /&gt;
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&#039;&#039;&#039;Utility Facility:&#039;&#039;&#039; Privately, publicly, or cooperatively owned line, facility, or system for producing, transmitting, or distributing communications, cable television, power, electricity, light, heat, gas, oil, crude products, water, steam, waste, storm water not connected with highway drainage or any other similar commodity, including any fire or police signal system or street lighting system which directly or indirectly serves the public and does not include privately owned facilities devoted exclusively to private use. The term &amp;quot;utility facility&amp;quot; includes those facilities used solely by the utility owner that are a part of its operating plant.&lt;br /&gt;
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&#039;&#039;&#039;Utility Owner:&#039;&#039;&#039; The utility owner is the utility company, inclusive of any wholly owned or controlled subsidiary, or city or county which owns utility facilities. The term also includes those government agencies that lease a utility facility for its own use or otherwise dedicated solely to governmental use.&lt;br /&gt;
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&#039;&#039;&#039;Variance:&#039;&#039;&#039; A one- (1-) time deviation from the requirements for location or relocation of utility facilities on the right of way of highways in the state highway system as established in [https://www.sos.mo.gov/cmsimages/adrules/csr/current/7csr/7c10-3.pdf Title 7 Code of State Regulations 10-3], requested by the utility, and approved by a MoDOT District Design Engineer.&lt;br /&gt;
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==643.1.3 Location of Utility Facilities==&lt;br /&gt;
Utility facilities paralleling the roadway should be installed in the utility corridor except as outlined below. The utility corridor is the space for all utility owners generally within six feet (6’) of the normal right of way line. When considering if the current utility corridor is available to expand from six feet (6’) to as much as twelve feet (12’), MoDOT determines if the expansion is warranted. In making the determination, MoDOT will consider the existing utilization of the original six feet (6’) corridor. Poles must remain within two feet (2’) of the normal right of way line unless approved by a variance. The utility corridor will only be expanded beyond six feet (6’) if the original six feet (6’) corridor is fully utilized and additional space would be required to accommodate additional utility facilities. Acquisition of additional right of way to establish a twelve feet (12’) corridor is not required on highway construction projects. For depths for underground utility facilities, see [[#643.1.4.1_Minimum_Cover_for_Underground_Facilities|EPG 643.1.4.1]].&lt;br /&gt;
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Utility facilities crossing the roadway should be installed as close to ninety degrees (90°) to the centerline of the roadway as possible and based on the guidelines below depending on the type of roadway. See [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_3_TypicalUtilityCorridor-InterchangeatMajorRoute_AOD.pdf EPG Figure 643.1.3] and [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_4_TypicalUtilityCorridor-InterchangeatMinorRoute_AOD.pdf EPG Figure 643.1.4] for typical utility corridors around interchanges.&lt;br /&gt;
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===643.1.3.1 Interstate System or Other Major Freeways/Expressways===&lt;br /&gt;
The installation of all utility facilities on highways of the Interstate System or other major freeways/expressways with fully controlled access are to be installed, serviced, and maintained without entering or leaving the roadway and ramps except at points approved by MoDOT for that purpose and without parking any equipment or storing materials upon the medians, roadway and ramps, or shoulders of the roadways. Cutting or damaging the pavement or paved shoulders is not permitted. New service connections to existing parallel utility facilities are to be permitted only where an outer roadway exists and then only where access is permitted by the Commission. Careful consideration will be given to the location of guys, anchors, braces, and other supports. Generally, good design practice will provide that appurtenances be located at right of way jogs, along intersecting road right of way, or at other similar acceptable locations, so that encroachment is held to an absolute minimum.&lt;br /&gt;
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No utility facilities will be permitted within the interchange limits of an interchange between fully limited access highways where planned or existing. Utility facilities within the interchange limits of an interchange with a non-access controlled highway will be permitted only along the minor road, provided that all construction, service, and maintenance can be performed from the minor road. Manholes and poles must be located beyond the ramp termini.&lt;br /&gt;
&lt;br /&gt;
For structures carrying or over interstates or other major freeways/expressways, see [[#643.1.5_Bridge_Attachment_Policy|EPG 643.1.5]].&lt;br /&gt;
&lt;br /&gt;
====643.1.3.1.1 Utility Facilities Crossing the Interstate or Other Major Freeways/Expressways====&lt;br /&gt;
=====643.1.3.1.1.1 Overhead Crossings of the Interstate or Other Major Freeways/Expressways=====&lt;br /&gt;
Overhead crossings of utility facilities are permitted only for power transmission and distribution lines and for multiple circuit communication lines where an underground installation is not economically feasible. Supports for existing utility facilities crossing overhead may remain on the right of way provided they are near the right of way line regardless of the presence of an outer road. Supports for new overhead utility facilities crossing overhead may be located on the right of way near the right of way line where an outer roadway exists and are to be located off the right of way where no outer roadway exists. Overhead service crossings are only permitted in isolated cases for residential or commercial establishments when the denial of the crossing would require construction of more than 1,200 feet (1,200’) of utility line to provide the service. Main or distribution line crossings are required to serve a general area other than isolated cases.&lt;br /&gt;
&lt;br /&gt;
=====643.1.3.1.1.2 Underground Crossings of the Interstate or Other Major Freeways/Expressways=====&lt;br /&gt;
Underground crossings of utility facilities are to be continuously encased under the pavement, medians, ramps, and shoulders with the casing extending to the toe of the fill slopes or to the ditch line. In curbed sections, encasement should extend outside the outer curb of the roadways a distance equal to the depth of the encasement at the curb line. Where installed by open trench through unpaved areas, detector tape should be placed approximately one foot (1&#039;) above the encasement. Where an interstate or other major freeway has a parallel outer roadway, encasement should be continuous under all roadways within the right of way.&lt;br /&gt;
&lt;br /&gt;
Manholes or vent pipes are to be located at the right of way line or adjacent to the outer roadway.&lt;br /&gt;
&lt;br /&gt;
For fiber optic cable, encasement should extend from within six feet (6&#039;) of one right of way line to within six feet (6&#039;) of the other right of way line.&lt;br /&gt;
&lt;br /&gt;
Exceptions may be made for encasement as listed in [[#643.1.4.2_Exceptions_to_Encasement|EPG 643.1.4.2]].&lt;br /&gt;
&lt;br /&gt;
====643.1.3.1.2 Parallel Installations along the Interstate or Other Major Freeways/Expressways====&lt;br /&gt;
New parallel installations on the right of way may be permitted only where an outer roadway exists, provided that poles are within two feet (2&#039;) of the normal right of way line and underground utility facilities are within the utility corridor, and provided that the utility facility can be installed and maintained between the outer roadway and the right of way line. Existing overhead or underground utility facilities that parallel an existing roadway which will be incorporated into a completed highway as an outer roadway may remain in place if all maintenance and service can be performed from an outer roadway and the existing location does not interfere with construction, maintenance, or operation of the completed highway. If an existing parallel utility facility needs to be relocated so as to not interfere with the construction, maintenance, or operation of the completed interstate or other major freeway, poles may be located withing five feet (5’) of the right of way line.&lt;br /&gt;
&lt;br /&gt;
Underground utility facilities are expected to be buried within the utility corridor of sight distance triangles (SDTs) at roadway intersections unless granted a variance. Overhead utility facilities may be allowed to span intersecting roadways with SDTs provided the poles, or supports, are located outside the SDT.&lt;br /&gt;
&lt;br /&gt;
====643.1.3.1.3 Sanitary Sewers within the Right of Way of Interstates or Other Major Freeways/Expressways====&lt;br /&gt;
New installations of sanitary sewers should follow the applicable guidelines for either underground crossings or parallel installations as appropriate. Existing gravity trunk sanitary sewers should be considered individually and removed or left in place contingent upon its age, condition, feasibility of moving, and maintenance access. Encasement of existing trunk sewers left in place may be required for questionable condition, protection during construction, or heavy fills.&lt;br /&gt;
&lt;br /&gt;
Manholes should be relocated to the right of way lines or adjacent to an outer roadway.&lt;br /&gt;
&lt;br /&gt;
===643.1.3.2 Major Routes===&lt;br /&gt;
For structures carrying or over major routes, see [[#643.1.5_Bridge_Attachment_Policy|EPG 643.1.5]].&lt;br /&gt;
&lt;br /&gt;
====643.1.3.2.1 Major Routes with Partially Controlled Access Right of Way====&lt;br /&gt;
The installation of all utility facilities on highways with partially controlled access right of way are to be installed, serviced, and maintained without entering or leaving the roadway and ramps except at points approved by MoDOT for that purpose and without parking any equipment or storing materials upon the medians, roadway and ramps, or shoulders of the roadways. Cutting or damaging the pavement or paved shoulders is not permitted. Equipment or materials stored within the right of way must be protected by longitudinal barrier or be located outside the clear zone. New service connections to existing parallel utility facilities are to be permitted only where granted by the Commission.&lt;br /&gt;
&lt;br /&gt;
No utility facilities will be permitted within the interchange limits of an interchange between fully limited access highways where planned or existing. Utility facilities within the interchange limits of an interchange with a non-access controlled highway will be permitted only along the minor road, provided that all construction, service, and maintenance can be performed from the minor road. Manholes and poles must be located beyond the ramp termini.&lt;br /&gt;
&lt;br /&gt;
====643.1.3.2.2 Major Routes with Normal Access Right of Way====&lt;br /&gt;
All new utility facilities will be installed and maintained without cutting or damaging the pavement or paved shoulders except in the event underlying rock formations or other obstructions are encountered that prevent boring or pushing operations. A variance may be granted for pavement cuts when the need is established. Pavement cuts may only be made by permits issued when it is impractical to otherwise service and maintain the facility. The installation of all utility facilities is to be installed without parking any equipment or storing materials upon the medians, roadway and ramps, or shoulders of the roadways. Equipment or materials stored within the right of way must be protected by longitudinal barrier or be located outside the clear zone.&lt;br /&gt;
&lt;br /&gt;
====643.1.3.2.3 Utility Facilities Crossing Major Routes====&lt;br /&gt;
=====643.1.3.2.3.1 Overhead Crossings of Major Routes=====&lt;br /&gt;
Supports for utility facilities crossing overhead should be located as near the right of way line as possible. For major routes with controlled access right of way, new overhead service crossings may be permitted in isolated cases for residential or commercial establishments where the denial of such crossings would require the construction of more than 1,200 feet (1,200’) of utility line to provide the same service. For major routes with normal access right of way, there is no restriction on the placement of service crossings.&lt;br /&gt;
&lt;br /&gt;
=====643.1.3.2.3.2 Underground Crossings of Major Routes=====&lt;br /&gt;
Underground crossings of utility facilities are to be continuously encased under the pavement, medians, ramps, and shoulders with the casing extending to the toe of the fill slopes or to the ditch line. In curbed sections, encasement should extend outside the outer curb of the roadways a distance equal to the depth of the encasement at the curb line. Where installed by open trench through unpaved areas, detector tape should be placed approximately one foot (1&#039;) above the encasement. Where a major route has a parallel outer roadway, encasement should be continuous under all roadways within the right of way.&lt;br /&gt;
&lt;br /&gt;
Manholes or vent pipes are to be located at the right of way line or adjacent to the outer roadway.&lt;br /&gt;
&lt;br /&gt;
For fiber optic cable, encasement should extend from within six feet (6&#039;) of one right of way line to within six feet (6&#039;) of the other right of way line.&lt;br /&gt;
&lt;br /&gt;
Exceptions may be made for encasement as listed in [[#643.1.4.2_Exceptions_to_Encasement|EPG 643.1.4.2]].&lt;br /&gt;
&lt;br /&gt;
====643.1.3.2.4 Parallel Installations along Major Routes====&lt;br /&gt;
New parallel installations on the right of way may be permitted provided that poles are within two feet (2&#039;) of the normal right of way line and underground utility facilities are within the utility corridor. Existing overhead or underground utility facilities that parallel an existing roadway which will be incorporated into a completed highway may remain in place if all maintenance and service can be performed without entering or leaving the roadway except at approved access points; without parking equipment or storing materials on the median, pavement, ramps, or shoulders; and the existing location does not interfere with construction, maintenance, or operation of the completed highway. If an existing parallel utility facility needs to be relocated so as to not interfere with the construction, maintenance, or operation of the completed highway, poles may be located withing five feet (5’) of the right of way line.&lt;br /&gt;
&lt;br /&gt;
Existing steel pipe transmission and distribution facilities for gaseous petroleum products that parallel an existing roadway that will be incorporated into the completed roadway may be left in place subject to an agreement by the utility owner that maintenance or service and facility expansion will be performed without cutting or damaging the pavement or interfering with the construction, maintenance, and operation of the highway and provided that the facility is cathodically protected against corrosion and meets the applicable material requirements.&lt;br /&gt;
&lt;br /&gt;
Underground utility facilities are expected to be buried within the utility corridor of sight distance triangles (SDTs) at roadway intersections unless granted a variance. Overhead utility facilities may be allowed to span intersecting roadways with SDTs provided the poles, or supports, are located outside the SDT.&lt;br /&gt;
&lt;br /&gt;
====643.1.3.2.5 Sanitary Sewers within the Right of Way of Major Routes====&lt;br /&gt;
New installations of sanitary sewers should follow the applicable guidelines for either underground crossings or parallel installations as appropriate. An existing gravity trunk sanitary sewer should be considered individually and removed or left in place contingent upon its age, condition, feasibility of moving, and maintenance access. If an existing parallel gravity main is left in place within the limits of the paved surface, paved shoulder lines, or curb lines, stub mains as required will be laid between the sewer main and curb or shoulder lines for future service connections in each block. Manholes should be relocated outside the traveled roadway as near the right of way line as practical.&lt;br /&gt;
&lt;br /&gt;
===643.1.3.3 Minor Routes===&lt;br /&gt;
For structures carrying or over minor routes, see [[#643.1.5_Bridge_Attachment_Policy|EPG 643.1.5]].&lt;br /&gt;
&lt;br /&gt;
====643.1.3.3.1 Utility Facilities Crossing Minor Routes====&lt;br /&gt;
=====643.1.3.3.1.1 Overhead Crossings of Minor Routes=====&lt;br /&gt;
Existing overhead crossings that interfere with construction, maintenance, or operation should be relocated with their supports as near the right of way line as is practical. New overhead crossing installations should be located with their supports as near the right of way line as is practical.&lt;br /&gt;
&lt;br /&gt;
=====643.1.3.3.1.2 Underground Crossings of Minor Routes=====&lt;br /&gt;
All new utility facilities should be installed and maintained without cutting or damaging the pavement or paved shoulders. A variance may be granted for pavement cuts when servicing and maintaining the facility by any other methods is impractical. Pavement cuts may only be made by permits issued. Underground crossings of utility facilities are to be continuously encased under the pavement, medians, ramps, and shoulders with the casing extending to the toe of the fill slopes or to the ditch line. In curbed sections, encasement should extend outside the outer curb of the roadways a distance equal to the depth of the encasement at the curb line. Where installed by open trench through unpaved areas, detector tape should be placed approximately one foot (1&#039;) above the encasement.&lt;br /&gt;
&lt;br /&gt;
Manholes or vent pipes are to be located at the right of way line or adjacent to the outer roadway.&lt;br /&gt;
&lt;br /&gt;
For fiber optic cable, encasement should extend from within six feet (6&#039;) of one right of way line to within six feet (6&#039;) of the other right of way line.&lt;br /&gt;
&lt;br /&gt;
Exceptions may be made for encasement as listed in [[#643.1.4.2_Exceptions_to_Encasement|EPG 643.1.4.2]].&lt;br /&gt;
&lt;br /&gt;
====643.1.3.3.2 Parallel Installations along Minor Routes====&lt;br /&gt;
New parallel installations on the right of way may be permitted provided that poles are within two feet (2&#039;) of the normal right of way line and underground utility facilities are within the utility corridor. Existing overhead or underground utility facilities that parallel an existing roadway which will be incorporated into a completed highway may remain in place if all maintenance and service can be performed without entering or leaving the roadway except at approved access points; without parking equipment or storing materials on the median, pavement, ramps, or shoulders; and the existing location does not interfere with construction, maintenance, or operation of the completed highway. If an existing parallel utility facility needs to be relocated so as to not interfere with the construction, maintenance, or operation of the completed highway, poles may be located within five feet (5’) of the right of way line.&lt;br /&gt;
&lt;br /&gt;
Underground utility facilities are expected to be buried within the utility corridor of sight distance triangles (SDTs) at roadway intersections unless granted a variance. Overhead utility facilities may be allowed to span intersecting roadways with SDTs provided the poles, or supports, are located outside the SDT.&lt;br /&gt;
&lt;br /&gt;
====643.1.3.3.3 Sanitary Sewers within the Right of Way of Minor Routes====&lt;br /&gt;
New installations of sanitary sewers should follow the applicable guidelines for either underground crossings or parallel installations as appropriate. An existing gravity trunk sanitary sewer should be considered individually and removed or left in place contingent upon its age, condition, feasibility of moving, and maintenance access. If an existing parallel gravity main is left in place within the limits of the paved surface, paved shoulder lines, or curb lines, stub mains as required will be laid between the sewer main and curb or shoulder lines for future service connections in each block. Manholes should be relocated outside the traveled roadway.&lt;br /&gt;
&lt;br /&gt;
===643.1.3.4 Roundabouts===&lt;br /&gt;
Regardless of roadway type, it is desirable to avoid locating utility facilities and their access points within the circulatory roadway. If possible, utility facilities are located in the legs of the roundabout to allow for future maintenance and access at an isolated leg versus affecting the entire roundabout. See [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_5_TypicalLocationofUtilityFacilitiesnearRoundabouts_AOD.pdf EPG Figure 643.1.5] for an example.&lt;br /&gt;
&lt;br /&gt;
===643.1.3.5 Utility Facilities in Scenic Enhancement Areas===&lt;br /&gt;
All existing utility facilities within the limits of a scenic enhancement area requiring adjustment because of construction or reconstruction will be placed underground or relocated beyond the limits of the scenic enhancement area. No new above ground facilities will be permitted. New underground facilities will be permitted provided they do not extensively alter or impair the appearance of the area.&lt;br /&gt;
&lt;br /&gt;
==643.1.4 Installation of Utility Facilities==&lt;br /&gt;
The following sections provide information on the physical installation of utility facilities within highway right of way.&lt;br /&gt;
&lt;br /&gt;
===643.1.4.1 Minimum Cover for Underground Facilities===&lt;br /&gt;
The minimum cover for new underground utilities is:&lt;br /&gt;
* Forty-two inches (42”) for all water lines (parallel and crossings).&lt;br /&gt;
* Forty-two inches (42”) for fiber optic cable (crossings encased in rigid conduit).&lt;br /&gt;
* Seventy-two inches (72”) for fiber optic cable (crossings encased in polyethylene (PE) pipe).&lt;br /&gt;
* Thirty inches (30”) for direct burial and in trench fiber optic cable (parallel).&lt;br /&gt;
* Twenty-four inches (24”) for all other direct burial copper or coaxial cable, (parallel).&lt;br /&gt;
* Seventy-two inches (72”) for uncased polyethylene (PE) gas pipe crossings under ditches and roadways but thirty inches (30”) elsewhere.&lt;br /&gt;
* Thirty inches (30”) for all other (such as, but not limited to, gravity sewers, forced sewers, and electric) underground utilities (both parallel and crossing).&lt;br /&gt;
&lt;br /&gt;
===643.1.4.2 Exceptions to Encasement===&lt;br /&gt;
Exceptions may be made for encasement as follows:&lt;br /&gt;
* Non-fiber communication or electric cables installed in ducts.&lt;br /&gt;
* Welded steel pipelines carrying gaseous or liquid petroleum products - provided they are cathodically protected against corrosion, triple-coated in accordance with accepted pipeline construction standards, and meet applicable material requirements.&lt;br /&gt;
* Natural gas distribution pipe (nominal six-inch (6”) diameter maximum) of polyethylene (PE) plastic, traceable, installed by a horizontal bore method at a minimum depth of seventy-two inches (72”) under ditches and roadways, constructed in accordance with and meeting applicable material requirements.&lt;br /&gt;
* Gas service connections protected and constructed in accordance with and meeting applicable material requirements.&lt;br /&gt;
* Encasement is not required for new trunk sanitary sewer crossings of vitrified clay, reinforced concrete or cast iron except when installation procedures would produce voids in the roadbed, heavy fills, or installations under pressure.&lt;br /&gt;
&lt;br /&gt;
===643.1.4.3 Above Ground or Ground Level Appurtenances===&lt;br /&gt;
Appurtenances protruding more than four inches (4”) above the ground line should be located outside the clear zone. If no feasible alternative exists and if permitted by a variance, appurtenances may be allowed within the clear zone if they meet breakaway criteria or will be shielded by a traffic barrier. Good design practice will provide that appurtenances be located at right of way jogs, along intersecting road right of way, or at other similar acceptable locations, so that encroachment is held to an absolute minimum. Cables, wires, small diameter pipes, and other such utility appurtenances extending from the surface of the ground should be equipped with covers or guards to improve their visibility. Appurtenances within sidewalks or street level pedestrian access routes are to be in conformance with the Americans with Disabilities Act requirements.&lt;br /&gt;
&lt;br /&gt;
The maximum pull box width perpendicular to the right of way line within the utility corridor is thirty inches (30”).&lt;br /&gt;
&lt;br /&gt;
===643.1.4.4 Overhead Utility Facilities===&lt;br /&gt;
The vertical clearance of new or existing overhead installations will not be less than the current minimum requirements of the National Electric Safety Code, but in no case less than eighteen feet (18’) inclusive of sag above the groundline for electrical facilities. Clearance may be reduced for overhead installations of cable, telephone, or fiber optic facilities.&lt;br /&gt;
A minimum radial clearance of twenty-five feet (25’) is provided from any utility facility to the nearest part of any bridge structure. A minimum radial clearance of ten feet (10’) is provided from the nearest charged electrical line to a MoDOT signal, lighting, ITS, or overhead sign structure.&lt;br /&gt;
&lt;br /&gt;
===643.1.4.5 Approved Materials===&lt;br /&gt;
Utility owners are allowed to use any material for underground utility facilities including carrier and encasement provided they accept responsibility for any future repairs and/or replacement of damaged MoDOT facilities should a failure occur. This will allow the use of current technology and procedures to provide the best value to its subscribers and the taxpayers of Missouri. For materials that MoDOT also uses in its highway system, utility owners must provide materials that meet the current [https://www.modot.org/missouri-standard-specifications-highway-construction Missouri Standard Specifications for Highway Construction]. For materials not listed in the Missouri Standard Specifications for Highway Construction, the utility owner should provide documentation of the standards used to determine suitability of the material.&lt;br /&gt;
&lt;br /&gt;
===643.1.4.6 Cutting===&lt;br /&gt;
In the event permission is granted to cut an existing concrete or asphalt pavement or sidewalk, the appropriate provisions below should be followed.&lt;br /&gt;
&lt;br /&gt;
====643.1.4.6.1 Pavement====&lt;br /&gt;
All pavement cuts should be made with a saw to the full depth of the pavement. The width of the cut is typically determined by the width of the trench plus a minimum one foot (1’) on each side of the trench. In the event the distance to any adjacent longitudinal or transverse joint or crack is less than four feet (4’), the pavement must be removed to the joint or crack. Cuts for perpendicular service tie-ins should be a minimum of three feet (3’) wide. Longitudinal main installations are typically cut at a minimum of half the lane width, but in no instance should the cut be along the wheel path of the lane.&lt;br /&gt;
[[File:fig_643.1.6-06_2026.jpg|800px|none|thumb|Figure 643.1.6 Pavement Repair Dimension Requirements.]]&lt;br /&gt;
&lt;br /&gt;
The utility facilities should be placed in a location with the least impact to the roadway. Typically, this leads to placement in the shoulder when available followed by the two-way left turn lane (TWLTL), and then outside lanes before allowing placement in interior through lanes. Lane switching should be kept to a minimum and should not be used to minimize repair sizes. Cuts for mains or service leads that may not be perpendicular to the roadway should be squared-off.&lt;br /&gt;
&lt;br /&gt;
Replacement of cut pavement should be full depth concrete in accordance with the current version at the time of installation of Section 613.10 Full Depth Pavement Repairs of the Missouri Standard Specifications for Highway Construction and the Missouri Standard Plans for Highway Construction. If the area of the pavement repair is not to be fully resurfaced all joints including the overcut from the sawing operation should be filled with an expansive mortar, epoxy, polyester, or joint material as approved by the Engineer in accordance with Section 1057 of the Missouri Standard Specifications for Highway Construction.&lt;br /&gt;
&lt;br /&gt;
====643.1.4.6.2 Pedestrian Access Routes====&lt;br /&gt;
All cuts in the pedestrian access routes whether asphalt or concrete should be made by saw and be the full depth of the material. Entire slabs of concrete sidewalk should be removed. Repair of the pedestrian access route must meet Americans with Disability Act requirements, see [[:Category:642_Pedestrian_Facilities|EPG 642]]. Cuts through curb ramps or detectable warning areas are not permitted. Rather the entire curb ramp or detectable warning area must be removed and replaced. MoDOT district ADA contacts can help ensure ADA compliance of impacted pedestrian access routes.&lt;br /&gt;
&lt;br /&gt;
===643.1.4.7 Non-disturbance Areas===&lt;br /&gt;
MoDOT has certain areas of right of way where mowing, spraying, digging, or other vegetation disturbance activities are restricted. These areas have been established to mitigate the environmental impacts of a previous project and should be avoided. If the areas cannot be avoided, contact MoDOT’s Environmental Section.&lt;br /&gt;
&lt;br /&gt;
==643.1.5 Bridge Attachment Policy==&lt;br /&gt;
No utility facility will be permitted in or on a structure carrying an interstate or other freeway unless it is part of a federal requirement or for MoDOT’s use. When the structure carries any other road type and no other practical means exists for the crossing, wires (communication, electrical, fiber, or metal) will be permitted. Electrical lines must be located to cause minimum exposure to MoDOT maintenance personnel and the public. Pressurized pipelines for gas or other petroleum products and water and all sewer lines are prohibited on all structures due to the risks associated with their failure.&lt;br /&gt;
&lt;br /&gt;
===643.1.5.1 Agreement===&lt;br /&gt;
An agreement is required for all utility facilities attached to any structure. A charge will be made for the increased maintenance costs involved. This fee is set by the Bridge Division. When permitted, a 50-year occupational agreement is executed with the utility owner. Agreement BR04 Utility Attachment Agreement is used when an attachment is added to a bridge during its construction. Agreement BR09 Bridge Attachment Agreement is used when an attachment is added to an existing bridge.&lt;br /&gt;
&lt;br /&gt;
===643.1.5.2 Requests===&lt;br /&gt;
Requests to attach facilities to structures is a multi-step process. Bridge Division is responsible for approval of the bridge attachment. If at any point in the process, Bridge Division determines the attachment to be unacceptable, a reason is to be provided.&lt;br /&gt;
&lt;br /&gt;
To start, the utility owner submits a conceptual request to the district utilities staff. The conceptual request consists of an explanation of the proposal; a general location sketch (i.e., which side of the bridge); and details on the facility, length, and weight per foot when full. The district utilities staff should work with all relevant district personnel including the District Bridge Engineer in reviewing and recommending the attachment. The district utilities staff will submit the recommended details to the Bridge Division to determine the applicable costs including future maintenance costs and for attachments to new bridges, design and construction. Once the Bridge Division has determined the cost, the district utilities staff shares the cost with the utility owner for their concurrence with furthering the process. For new bridges, if the utility owner concurs with the costs, the district utility staff will prepare the BR04 Agreement for execution by the utility owner and the Commission. MoDOT will be responsible for the design and construction of attachments to new bridges. For existing bridges, the district utilities staff will forward the applicable as-built bridge plans to the utility owner for its use in designing the bridge attachment. The utility owner will provide detailed design drawings, signed and sealed by a professional engineer in the State of Missouri, to the district utilities staff for review. The district utilities staff should work with all relevant district personnel, including the District Bridge Engineer, in reviewing and recommending the details of the attachment to the Bridge Division. Once Bridge Division approves, the Bridge Division will prepare the BR09 Agreement for execution by the utility owner and the Commission. The utility owner is responsible for the construction of attachments to existing bridges. A flow chart, [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_7_BridgeAttachementProcess_AOD.pdf EPG Figure 643.1.7], of the process is available.&lt;br /&gt;
&lt;br /&gt;
Payment from the utility owner for the attachment will be sent to Financial Services by district utilities staff. For BR04 agreements, district utilities staff should discuss with Financial Services how to get the payment credited to the project constructing the attachment. For BR09 agreements, district utilities staff should copy Bridge Division on correspondence with Financial Serves. Checks should be made payable to Director of Revenue, Credit State Road Fund.&lt;br /&gt;
&lt;br /&gt;
For requests from government entities such as cities, counties, and other municipalities, the requested information should be submitted to Bridge Division as described above. However, the district utilities staff will take the lead in preparing the DE10 County Agreement or DE11 Municipal Agreement, as applicable, with input from Bridge Division and Bridge Maintenance. All fees are waived for government entities.&lt;br /&gt;
&lt;br /&gt;
===643.1.5.3 Considerations===&lt;br /&gt;
The following considerations are made in determining the acceptability of a bridge attachment. Unique situations will be discussed with the Bridge Division as required.&lt;br /&gt;
&lt;br /&gt;
====643.1.5.3.1 Bridge Asset Management Program====&lt;br /&gt;
Requests for bridge attachments should be reviewed for consistency with the district’s upcoming bridge asset management program needs. If a structure is due for rehabilitation or replacement in the near future, information should be provided to the utility owner indicating existing remaining life of the bridge. In some instances, it may be in MoDOT’s best interest to deny the request for attachment outright. In some instances, the utility owner may still choose to pursue the short-term attachment to the existing structure. In almost all cases, the utility owner is responsible for the cost of removing and/or relocating their utility facilities for a necessary repair, widening, improvement or reconstruction of the structure. Review existing agreements for cost responsibility for current attachments.&lt;br /&gt;
&lt;br /&gt;
====643.1.5.3.2 Aesthetics====&lt;br /&gt;
In reviewing a request for a bridge attachment, how the structure is viewed by the public will be considered. For example, is the structure over a scenic stream that is extensively used by canoeists, or does the structure span a road that may provide access to a park, campgrounds, or boat launching facilities? Is the structure a grade separation where the motoring public will see the attachment before they pass under it?&lt;br /&gt;
&lt;br /&gt;
====643.1.5.3.3 Method of Attachment====&lt;br /&gt;
In order to maintain structural integrity of any structures the following requirements will apply for attachments.&lt;br /&gt;
&lt;br /&gt;
=====643.1.5.3.3.1 Welding=====&lt;br /&gt;
Welding of hardware to structural steel members (i.e., flanges, webs, stiffeners, and diaphragms) whether in tension or compression is not permitted.&lt;br /&gt;
&lt;br /&gt;
=====643.1.5.3.3.2 Drilling=====&lt;br /&gt;
Drilling holes in any structural steel member is not permitted. Drilling holes for anchors into any prestressed concrete member is not permitted. Although permitted, drilling holes for anchors into the underside of bridge decks must be done with caution. It is recommended all anchors be installed to miss deck reinforcing steel. Generally, drilling into decks will not be allowed where sonotubes were used (voided slab bridges). The depth of the holes should be such that breaking out of the concrete on the top side of the deck does not occur.&lt;br /&gt;
&lt;br /&gt;
=====643.1.5.3.3.3 Corrosion=====&lt;br /&gt;
Attachment hardware will be new, properly coated to prevent corrosion or be of a non-corrosive material, and be designed to support the facility.&lt;br /&gt;
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====643.1.5.3.4 Location====&lt;br /&gt;
In general, attachments are made on the underneath side of the bridge deck. The condition of the bridge deck will dictate the location of the attachment supports. An exception may be attachments to trusses or other overhead structures.&lt;br /&gt;
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Attachments that may require manholes in bridge decks are not allowed.&lt;br /&gt;
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When attachments are required to structures over streams that may carry large drifts, they must be attached to the downstream side of the structure and above the lowest superstructure element. It is preferred to locate the attachment on the outside of the exterior girder. If aesthetics are a concern, a better appearance can be achieved by having the attachment made to the inside of the exterior girder and above the bottom of the lower flange to hide the conduit and the attaching hardware.&lt;br /&gt;
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Placement of utilities must not prevent the removal of old paint, the application of new paint on superstructure steel, or cause debris buildup, which could cause structural deterioration.&lt;br /&gt;
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====643.1.5.3.5 Construction and Maintenance====&lt;br /&gt;
If the attachment cannot be built while maintaining one (1) lane of traffic on the structure, it will not be allowed.&lt;br /&gt;
&lt;br /&gt;
Construction procedures that severely impact traffic may factor into the allowable location of the attachment on the structure.&lt;br /&gt;
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When scaffolding is to be attached or supported by bridge rails, bridge superstructure, or bridge substructure, the procedures for construction of the attachment must be reviewed.&lt;br /&gt;
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The utility owner or local entity will pay for, or be responsible for, the painting of the attachment, if necessary, when the bridge requires painting.&lt;br /&gt;
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==643.1.6 Private Lines==&lt;br /&gt;
Private lines are permitted to cross the right of way of a highway in the same manner as outlined for all utility facilities in above sections of this article. Parallel installations along the right of way of a highway are not permitted. Special conditions at a specific location that make adherence to this policy impractical will be submitted to the Chief Engineer for consideration of an acceptable alternative. In certain situations, it may be necessary to obtain approval from the Federal Highway Administration (FHWA) before approval to use the alternative can be given to the private utility owner.&lt;br /&gt;
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==643.1.7 Water and Sewer Separations==&lt;br /&gt;
The Missouri Department of Natural Resources (MoDNR) Safe Drinking Water Commission via 10 CSR 60-10 and Clean Water Commission via 10 CSR 20-8 govern the design of water and sewer lines in the vicinity of one another. Basic criteria are outlined below for information, and details are contained within the regulations. MoDOT is not responsible for providing or acquiring adequate right of way for utility owners to comply with MoDNR requirements.&lt;br /&gt;
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===643.1.7.1 Water and Sewer Separations===&lt;br /&gt;
====643.1.7.1.1 Horizontal====&lt;br /&gt;
Sanitary and storm sewers are to be laid at least ten feet (10’) horizontally measured from outside edge to outside edge from any existing or proposed water main. In cases where it is not practical to maintain ten feet (10’) of separation, installation of the water main closer to the sewer is acceptable where the water main is installed in a separate trench or on an undisturbed earth shelf located on one (1) side of the sewer at an elevation so the bottom of the water main is at least eighteen inches (18”) above the top of the sewer.&lt;br /&gt;
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===643.1.7.2 Crossings===&lt;br /&gt;
Water mains are to be laid to provide a minimum vertical distance of eighteen inches (18”) vertically measured outside edge to edge from sanitary or storm sewers. This is the case whether the water main is above or below the sewer. One (1) full length of water pipe must be located so both joints will be as far from the sanitary or storm sewer line as possible. Special structural support for the water main or sanitary or sewer main may be required.&lt;br /&gt;
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===643.1.7.3 Exception===&lt;br /&gt;
When it is impossible to obtain proper horizontal and vertical separation as stipulated, the sewer will be designed and constructed equal to water pipe and will be pressure-tested to assure it is watertight prior to backfilling.&lt;br /&gt;
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===643.1.7.4 Water Supply Interconnections===&lt;br /&gt;
No physical connection is permitted between a public or private potable water supply system and any sanitary or storm sewer or appurtenance that would permit the passage of any sewage or polluted water into the water supply. No water pipe is permitted to pass through or come in contact with any part of a sanitary sewer manhole.&lt;br /&gt;
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===643.1.7.5 Water Works Structures===&lt;br /&gt;
Sewers are not permitted to be installed within fifty feet (50’) in any direction from any existing or proposed public water supply well or other water supply sources or structures.&lt;br /&gt;
&lt;br /&gt;
==643.1.8 Variances==&lt;br /&gt;
Occasionally, it is impractical to locate a utility facility in accordance with requirements outlined in this article. MoDOT may consider a utility owner’s request for a variance from these requirements on a case-by-case basis. The utility owner should complete a [https://epg.modot.org/forms/general_files/DE/UtilityVarianceApprovalForm.docx Utility Variance Approval Form] to be submitted to MoDOT for consideration. Variances on the Interstate System require approval of the Federal Highway Administration (FHWA). A flow chart, [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_8_VarianceApprovalProcess.pdf EPG Figure 643.1.8], of the variance process is available.&lt;br /&gt;
&lt;br /&gt;
A variance will not be permitted just for the convenience of the utility owner. The utility owner requesting a variance must provide all necessary information to properly evaluate if a variance should be approved. For example, a utility owner requesting a variance because “the utility corridor is full” must explore all reasonable options. It is suggested that the requestor pothole the existing utility corridor to confirm the location of existing utility facilities and provide that data to support the need to locate outside of the utility corridor due to its congestion.&lt;br /&gt;
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===643.1.8.1 Variance Process===&lt;br /&gt;
Any utility owner of a public utility facility may apply for a variance. The process for requesting a variance is as follows:&lt;br /&gt;
&lt;br /&gt;
====643.1.8.1.1 Submittal Requirements====&lt;br /&gt;
Utility owners submit to the district utilities staff a written request for a variance using the [https://epg.modot.org/forms/general_files/DE/UtilityVarianceApprovalForm.docx Utility Variance Approval Form]. The utility owner must clearly show the provision(s) or guideline(s) for which the variance is being requested; the condition(s) which the utility owner believes warrant(s) the granting of a variance; a thorough explanation of the reason(s) for the requested variance, including sufficient and appropriate documentation of safety, aesthetic, or constructability constraints that would be adverse to the function, access, or maintenance of the utility facility and not in the best interest of the public.&lt;br /&gt;
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====643.1.8.1.2 MoDOT Consideration of Variance Request====&lt;br /&gt;
The utility owner bears full responsibility for demonstrating to MoDOT’s satisfaction that the variance is the most appropriate way to serve the public interest. MoDOT may present to the utility owner and the utility owner must consider reasonable alternatives to the variance requested by the utility owner. In determining whether to grant a variance, district utilities staff will consider all relevant factors including, but not limited to: the requested variance is reasonably necessary for the convenience, safety, health, and/or welfare of the public; there is an exceptional or undue burden or hardship on the specific applicant; a physical impracticability that would result from the applicant’s adherence to the normal location requirements; and the requested variance will not impair the safe construction, maintenance, operation, and safety of public travel on the highway. District utilities staff may consult with the Design Liaison Engineer in evaluating variances.&lt;br /&gt;
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====643.1.8.1.3 Approval of Variances====&lt;br /&gt;
Once district utilities staff have agreed to accept a variance proposed by the utility owner, the [https://epg.modot.org/forms/general_files/DE/UtilityVarianceApprovalForm.docx Utility Variance Approval Form] and all supporting documentation is sent to the District Design Engineer (DDE) for approval. If a variance is on interstate right of way, the DDE-signed Variance Request Form and all supporting documentation is forwarded to the Design Liaison Engineer who will forward to FHWA for their concurrence.&lt;br /&gt;
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====643.1.8.1.4 Variance Appeal Informal Hearing====&lt;br /&gt;
If denied a variance, the utility owner has thirty (30) calendar days to request an informal hearing for the purpose of appealing the denial. Requests must be made in writing to the State Design Engineer, Missouri Department of Transportation, P.O. Box 270, Jefferson City, MO 65102. If the utility owner requests an informal hearing, MoDOT’s authorized representative will advise the applicant of the time, date, and place of the hearing. The hearing is not a contested case under RSMo 536. The rules of evidence will not apply at the hearing, and MoDOT’s decision after the conduct of the hearing is not subject to further appeal.&lt;br /&gt;
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==643.1.9 Excess Right of Way==&lt;br /&gt;
Prior to conveyance of excess right of way, the status of utility facilities within said parcel must be addressed. See [[236.5_Property_Management#236.5.12_Excess_Land_Conveyances_&amp;amp;_Relinquishments_–_Regulated_Utilities|EPG 236.5.12]].&lt;br /&gt;
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==643.1.10 Broadband==&lt;br /&gt;
Broadband development in the state of Missouri is handled by the Department of Economic Development (DED). MoDOT shares its approved Statewide Transportation Improvement Program (STIP) project list with DED. All MoDOT policies related to placement of utility facilities within Commission right of way as outlined in this EPG 643.1 are to be followed.&lt;br /&gt;
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https://epg.modot.org/files/5/55/643.1_Utility_Status_Letter.doc&lt;br /&gt;
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&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643.2 Utilities in Program Delivery &#039;&#039;PAGE TITLE&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt; &lt;br /&gt;
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==643.2.1 Introduction==&lt;br /&gt;
Improvements to the highway system often require negotiation between the Commission and a city, a county, or a public or private utility owner. The Commission’s district utilities staff is responsible for coordination of highway improvement projects with the utility owner’s representative. The impact to a utility, the responsibility for the cost of adjustments necessary to allow highway construction, the plan of adjustment of the utility, the responsibility of performance of work on utility facilities, and the schedule of the utility adjustment are all items that vary depending on the project and should be investigated and negotiated to ensure highway improvement projects are delivered on-time and on-budget. These should comply with Commission policy. A [https://epg.modot.org/forms/general_files/DE/flowchart.pdf flowchart] outlining all the utility adjustment processes (reimbursable and non-reimbursable relocations, Master Reimbursable Utility Agreements and Project Specific Agreements, etc.) are available in the list of figures at the top of the page. These processes will not always be in combination, but each should be considered with each project.&lt;br /&gt;
&lt;br /&gt;
The district utilities staff, in conjunction with the Transportation Project Manager (TPM), is expected to invite and encourage participation of utility owner representatives in MoDOT project meetings as needed.&lt;br /&gt;
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When a project involves utility adjustments for which the Commission is responsible for costs, the TPM should program the costs of the utility adjustments as non-contractual construction costs in the STIP Information Management System (SIMS).&lt;br /&gt;
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==643.2.2 Annual Utility Meeting==&lt;br /&gt;
Each district should hold an annual meeting with utilities to discuss current STIP projects in the district. The annual meeting should be held during each year&#039;s STIP preparations, ideally between January and May. All utility owners that have utility facilities in the district should be invited. The intent is to provide the utility owners with an idea of upcoming projects to allow them the opportunity to plan and budget for potential adjustments of their utility facilities, identify both MoDOT and utility roadblocks, and develop action plans to complete utility adjustments better, faster, and cheaper.&lt;br /&gt;
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==643.2.3 Determination of Existing Utilities==&lt;br /&gt;
District utilities staff should determine the appropriate level of effort needed to accurately identify existing utilities within the footprint of a proposed highway construction project. Aboveground utilities are easily identifiable via field checks; however, determination of the precise location of underground utilities can be more challenging and time consuming. Therefore, the district utilities staff should balance the risk of conflict with the highway construction project against the level of effort needed to determine the location.&lt;br /&gt;
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The level of effort on mapping utilities is dependent on the scope of the project and the potential for utilities having an impact on the construction of the project. The project schedule should include the time to complete this task accurately. The time and effort necessary for having accurate locates requires close interaction with the utility locators. Early contact with utility owner representatives may be necessary to accurately locate underground utility facilities.&lt;br /&gt;
&lt;br /&gt;
Various methods of determining existing underground utilities result in different levels of quality. ASCE Standard 38 Standard Guidance for Investigating and Documenting Existing Utilities classifies four levels of quality:&lt;br /&gt;
:1. Quality Level D: QL-D is the most basic level of information for utility locations. It comes solely from existing utility records or verbal recollections, both typically unreliable sources. It may provide an overall &amp;quot;feel&amp;quot; for the congestion of utilities but is often highly limited in terms of comprehensiveness and accuracy. QL-D is useful primarily for project planning and route selection activities.&amp;lt;br&amp;gt;&lt;br /&gt;
: ● Missouri 811 or “private-locate” markings are to be considered to be QL-D.&lt;br /&gt;
:2. Quality Level C: QL-C is probably the most used level of information. It involves surveying visible utility facilities (e.g., manholes, valve boxes, etc.) and correlating this information with existing utility records (QL-D information). When using this information, it is not unusual to find that many underground utilities have been either omitted or erroneously plotted. Therefore, its usefulness is primarily on rural projects where utilities are not prevalent or are not too expensive to repair or relocate.&lt;br /&gt;
:3. Quality Level B: QL-B involves the application of appropriate surface geophysical methods to determine the existence and horizontal position of virtually all utilities within the project limits. This activity is called &amp;quot;designating&amp;quot;. The information obtained in this manner is surveyed to project control. It addresses problems caused by inaccurate utility records, abandoned or unrecorded utility facilities, and lost references. The proper selection and application of surface geophysical techniques for achieving QL-B data is critical. Information provided by QL-B can enable the accomplishment of preliminary engineering goals. Decisions regarding location of storm drainage systems, footers, foundations, and other design features can be made to avoid conflicts with existing utilities. Slight adjustments in design can produce substantial cost savings by eliminating utility relocations.&lt;br /&gt;
:4. Quality Level A: QL-A, also known as &amp;quot;locating or potholing&amp;quot;, is the highest level of accuracy presently available and involves the full use of the subsurface utility engineering services. It provides information for the precise plan and profile mapping of underground utilities through the nondestructive exposure of underground utilities, and provides the type, size, condition, material, and other characteristics of underground features.&lt;br /&gt;
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For projects with scopes that have potential for utility conflicts, the minimum level of effort required is SUE Quality Level D. Locations of existing utilities are determined by requesting locates through Missouri 811, also known as the “One-Call” process. Missouri 811 locating requests should be carefully considered for the scope of work of the project. When necessary, the location of existing utilities should be established by a field survey of locate markings and features and shown on the roadway plans. Higher level SUE Quality Levels can be used on any project. Adjustment cost savings, whether to the MoDOT or to the utility owner, are beneficial to the taxpayer. Good SUE projects are typically urban in nature, or in congested areas, where the project footprint is to be minimized, or anytime accurate vertical and horizontal location of the utility facility might allow a design to avoid the utility facility thus preventing the need for the adjustment. The SUE process combines civil engineering, surveying, and geophysics. It utilizes several technologies, including vacuum excavation and surface geophysics.&lt;br /&gt;
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When proposed excavation or installation of subsurface features (drainage, equipment bases, etc.) falls within three feet (3’) of a marked Missouri 811 line, soft digging (hand digging, potholing, vacuum methods, pressurized air/water jetting, pneumatic hand tools, etc.) is required to more exactly locate the utility facility both horizontally and vertically. Utility facilities present within the right of way by permit, should be investigated by the utility owner. Utility facilities that would be reimbursable or partially reimbursable as defined in EP 643.2.8 will be investigated by MoDOT.&lt;br /&gt;
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==643.2.4 Conflict Determination==&lt;br /&gt;
Determination of whether a conflict exists between an existing utility facility and a proposed highway improvement project should occur at the earliest possible stage of project development. A conflict may be the result of the physical interaction between the roadway infrastructure and utility facility, a reduction in cover or increase in fill over underground utilities, a reduction in horizontal clearance whether above or below ground, a reduction in overhead vertical clearance, paving over utilities, or restricting a utility owner’s access to its utility facilities. District utilities staff should work with utilities to determine if a conflict exists and the appropriate plan of adjustment to remedy the conflict. The adjustment to the utility may be a relocation or another measure that protects the utility or access to the utility from the proposed highway improvement project. Determination of a conflict needs to be continually re-evaluated as the project design progresses. Continuing coordination is essential.&lt;br /&gt;
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==643.2.5 Utility Plan of Adjustment==&lt;br /&gt;
===643.2.5.1 Request for Plan of Adjustment===&lt;br /&gt;
District utilities staff will request a plan of adjustment from utility owners whose utility facilities are in conflict with a proposed highway project. The plan of adjustment may consist of efforts to relocate the utility or otherwise protect a utility from the impacts of the proposed highway project. Utilities are shown on the roadway plan and profiles sheets that are furnished to utility owners for use in planning required utility adjustments. Any other sheets such as drainage, traffic signal, lighting, or ITS plans that show impacts to a utility facility should also be provided to the utility owners. All adjustments, reimbursable or not, require a plan of adjustment furnished by the utility owner.&lt;br /&gt;
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A transmittal letter is included in the request for a plan of adjustment. The letter informs the utility owner that regardless of whether an adjustment is reimbursable, no physical adjusting or relocating of their utility facilities to accommodate the proposed highway improvement is to be performed without specific approval and authorization. Additionally, if any part of the adjustment has the potential to be reimbursable, they are advised:&lt;br /&gt;
# They may undertake preliminary engineering by their own forces upon approval by district utilities staff of the estimated costs of preliminary engineering.&lt;br /&gt;
# They may employ a consultant to do the PE work provided they request and obtain prior approval. See [[#643.2.6_Preliminary_Engineering_Requirements|EPG 643.2.6 Preliminary Engineering Requirements]].&lt;br /&gt;
# Any preliminary engineering costs accrued prior to the date of written authorization to proceed will not qualify for reimbursement.&lt;br /&gt;
# Replacement right of way or easements cannot be purchased without specific approval and authorization.&lt;br /&gt;
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===643.2.5.2 Proposed Plan of Adjustment===&lt;br /&gt;
Developing a plan of adjustment is a multi-step process. The utility owner will propose a conceptual approach to adjusting the utility facilities to allow highway construction. This conceptual approach is used as the basis for determining cost responsibility, estimate of costs for preliminary engineering and construction, developing the agreement if necessary, and final design of the adjustment. Negotiations between district utility staff and the utility owner’s representative can result in changes to the design throughout the process.&lt;br /&gt;
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Final plans of adjustment must contain a legend on the first sheet identifying the utility symbols used. They must also show the existing utility facilities and their disposition, the location of the new or adjusted utility facilities, the existing and new right of way lines, the limited or fully controlled access symbols (where applicable), the existing and proposed roadways, ramps, and outer roadways and any other pertinent roadway information. They must contain sufficient details concerning location, elevation, compaction, clean up, etc. to provide for the proper adjustment of the utility facility. Relocated and/or existing utility facilities that will remain in place must be dimensioned or indicated in a manner to show their location in respect to the right of way lines. It is preferred that the utility owner transmits the plan of adjustment by electronic deliverables in a format that can be incorporated into the roadway plans. This will reduce the time and effort necessary as well as increase the accuracy of transferring this information into the roadway plans.&lt;br /&gt;
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Plans of adjustment received from the utility owner are to be checked for compliance with MoDOT’s requirements ([[#643.1_Utilities_Location|EPG 643.1 Utility Location]]) by the district utilities staff. They are also checked to ensure compatibility with the roadway design. Any continuing conflicts are resolved through negotiations with the utility owner.&lt;br /&gt;
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Occasionally, it is impractical to perform a utility adjustment in accordance with MoDOT’s requirements. Sometimes the utility may request approval of a plan of adjustment that does not conform to these requirements. Deviation from MoDOT’s utility requirements is a variance. Refer to [[#643.1.8_Variances|643.1.8 Variance Process]] for additional guidance.&lt;br /&gt;
The final plan of adjustment is included as Exhibit “A” to the agreement ([[#643.2.12_Utility_Agreements|EPG 643.2.12 Agreements]]).&lt;br /&gt;
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==643.2.6 Preliminary Engineering Requirements==&lt;br /&gt;
Preliminary engineering (PE) can be performed one of four ways for utility adjustments:&lt;br /&gt;
# The utility owner can use its own engineering forces.&lt;br /&gt;
# MoDOT can select an engineering consultant, after consultation with the utility owner, and the consultant contract will be administered by MoDOT.&lt;br /&gt;
# The utility owner can select an engineering consultant, with approval by MoDOT, and the consultant contract will be administered by the utility owner.&lt;br /&gt;
# If a utility adjustment is being included in a MoDOT administered construction contract, the preliminary engineering of the adjustment can be provided by MoDOT.&lt;br /&gt;
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For reimbursable utility adjustments, the amount paid to engineers, architects, and others for required engineering and allied services can be included in reimbursement amount provided such amounts are not based on a percentage of the costs of the necessary adjustments to allow highway construction. Reimbursement is available for contracts executed after solicitation of a consultant for the specific adjustment or existing continuing contracts when it is demonstrated that such work is performed regularly for the utility owner in its own work and that the costs are reasonable.&lt;br /&gt;
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A [https://epg.modot.org/forms/general_files/DE/UtilityConsultantContractChecklist.docx checklist is available for reviewing consultant-engineering contracts] to ensure the contract conforms to MoDOT policy and complies with applicable federal regulations. District utilities staff should use the checklist to review contracts and may consult with Audits and Investigations Division as necessary. The procedures in 23 CFR part 172, Administration of Engineering and Design Related Service Contracts may be used as a guide for reviewing proposed consultant contracts. [[:LPA:136.4_Consultant_Selection_and_Consultant_Contract_Management|EPG 136.4 Consultant Selection and Consultant Contract Management]] may also be used as a guide.&lt;br /&gt;
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===643.2.6.1 Solicited Consultant Contracts===&lt;br /&gt;
If solicitation of PE services is required for reimbursable utility adjustments, the utility owner must provide the following documents and information to district utilities staff. These documents need to be provided as soon as the utility owner has chosen to solicit a consultant. Document 1 must be supplied by all utility owners. Documents 2 and 3 are only required when the utility owner is a local government agency who is also a political subdivision of the state of Missouri (e.g., city-owned utilities, county-owned utilities). All other utility owners are encouraged, but not required, to provide Documents 2 and 3:&lt;br /&gt;
# A statement that the utility owner is not staffed or able to perform the required PE services with its own forces.&lt;br /&gt;
# Provide the names of at least three (3) consultants considered.&lt;br /&gt;
# The criteria used to evaluate each consultant and reasons why the selected consultant was selected.&lt;br /&gt;
&lt;br /&gt;
The following documents need to be provided as soon as the utility owner has successfully negotiated and entered into a contract with the consultant:&lt;br /&gt;
# The name and address of the selected consultant.&lt;br /&gt;
# A statement that the &amp;quot;[https://epg.modot.org/forms/general_files/DE/CertificationOfConsultant.docx Certification of Consultant]&amp;quot; will be furnished immediately upon award of the contract to the consultant.&lt;br /&gt;
# One executed copy of the proposed engineering contract or agreement between the utility owner and consultant, only if the engineering will exceed $5,000.00.&lt;br /&gt;
# The consultant&#039;s fixed (lump sum) or estimated fee (actual cost) and the contract maximum.&lt;br /&gt;
# A cost summary providing a detailed breakdown of the basis for the consultant&#039;s compensation, including estimated labor hours, hourly rates for each classification, overhead rate (if used), the amount of profit charged, and any other estimated charges such as travel expenses, equipment rentals, etc. If an overhead rate is used, the consultant must also submit the supporting overhead rate calculations.&lt;br /&gt;
# An independent cost estimate of engineering services provided by the utility owner to use in comparison to the consultant’s proposed engineering services to check for cost reasonableness.&lt;br /&gt;
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===643.2.6.2 Continuing Consultant Contracts===&lt;br /&gt;
When a utility owner chooses to use an existing continuing contract for PE services, the utility owner must provide the following documents and information to the district utilities staff as soon as possible.&lt;br /&gt;
# A statement that the utility owner is not staffed or able to perform the engineering with its own forces.&lt;br /&gt;
# The name and address of the consultant under the existing continuing contract.&lt;br /&gt;
# A statement that the &amp;quot;[https://epg.modot.org/forms/general_files/DE/CertificationOfConsultant.docx Certification of Consultant]&amp;quot; will be furnished.&lt;br /&gt;
# A copy of the continuing contract to the district utilities staff. The district utilities staff will review the contract for reasonableness of cost.&lt;br /&gt;
# The consultant&#039;s fixed (lump sum) or estimated fee (actual cost) and the contract maximum for the work associated with the utility adjustment.&lt;br /&gt;
# A cost summary providing a detailed breakdown of the basis for the consultant&#039;s compensation, including estimated labor hours, hourly rates for each classification, overhead rate (if used), the amount of profit charged, and any other estimated charges such as travel expenses, telephone, etc. If an overhead rate is used, the consultant must also submit the supporting overhead rate calculations.&lt;br /&gt;
# An independent cost estimate of engineering services provided by the utility owner to use in comparison to the consultant’s proposed engineering services to check for cost reasonableness.&lt;br /&gt;
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===643.2.6.3 Consultant Contract Changes===&lt;br /&gt;
If a PE services contract between a utility owner and a consultant needs to be revised, a copy of the revised contract, fee, and schedule should be submitted by the utility owner to the district utilities staff prior to allowing for contract changes. District utilities staff should review the contract changes to ensure the revised contract conforms to MoDOT policy and complies with applicable federal regulations.&lt;br /&gt;
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==643.2.7 Environmental and Right of Way==&lt;br /&gt;
===643.2.7.1 Utilities and Environmental Clearances===&lt;br /&gt;
District utilities staff should coordinate with the TPM and utility owner’s representative to understand and communicate on known environmental and cultural constraints that could impact a utility owner’s plan of adjustment. This will allow the utility owner to consider permitting timelines and alternatives that avoid environmental or cultural resources to keep the project on schedule.&lt;br /&gt;
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One strategy to make project delivery more efficient and ensure regulatory compliance is for MoDOT to obtain the environmental and cultural resource permits and clearances for the utility owners associated with a roadway improvement while obtaining its own. This would generally only be for the permits and regulatory clearances MoDOT already needs to pursue as a part of the transportation improvement.&lt;br /&gt;
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District utilities staff should coordinate with the utility owner’s representative early in the project timeline to determine if it is in the best interest of both MoDOT and the utility owner to obtain permits and environmental clearances jointly. The following strategies can be utilized to determine if a joint approach to environmental work should be pursued:&lt;br /&gt;
* If utility facilities are moving to a location within or immediately adjacent to MoDOT right of way, a utility owner may be invited to participate in permitting and environmental compliance activities.&lt;br /&gt;
* If utilities move to a location not within or adjacent to MoDOT right of way, the utility company would not normally be invited to participate in permit applications and environmental compliance activities. However, some unique projects may necessitate further attention and should be discussed with the Design Liaison Engineer.&lt;br /&gt;
&lt;br /&gt;
If MoDOT and the utility owner agree to obtain joint permits and clearances, written communication between the utility owner’s representative and the district utilities staff should document the following items:&lt;br /&gt;
* List of the permits and clearances that MoDOT will acquire on behalf of the utility owner.&lt;br /&gt;
* List of the information needed from the utility owner in order for MoDOT to acquire the permits and clearances.&lt;br /&gt;
* Schedule and deadlines for submittal of the information by the utility owner. For example: utility plans, fill quantities, construction methods, dates, or seasons of construction.&lt;br /&gt;
&lt;br /&gt;
Permits and clearances that may be needed by both a utility owner and MoDOT include:&lt;br /&gt;
* [[127.7_Threatened_and_Endangered_Species|Endangered Species Act consultation and clearance]]&lt;br /&gt;
* [[127.2_Historic_Preservation_and_Cultural_Resources#127.2.1.1_Historic_Preservation_Regulations_and_Laws|Section 106 of the National Historic Preservation Act clearance]]&lt;br /&gt;
* [[127.10_Section_4(f)_Public_Lands|Section 4(f) clearance]]&lt;br /&gt;
* [[127.10_Section_4(f)_Public_Lands#127.10.1.4_Section_6(f)_Laws_and_Regulations|Section 6(f) of the Land and Water Conservation Fund Act clearance]]&lt;br /&gt;
* [[127.4_Wetlands_and_Streams|Section 401 and Section 404 of the Clean Water Act permits]]&lt;br /&gt;
* [[:Category:806_Pollution,_Erosion_and_Sediment_Control#806.1_Introduction_(see_Sec._806)|Section 402 of the Clean Water Act permit (State Operating Permit for Erosion Control)]]&lt;br /&gt;
* [[127.8_Hazardous_and_Solid_Waste|Recommendations on contaminated soil disposition]]&lt;br /&gt;
&lt;br /&gt;
===643.2.7.2 Right of Way Acquisition and Utilities===&lt;br /&gt;
The Commission is obligated to acquire the width of right of way required by the design of the highway improvement. For utility facilities currently located within the Commission’s right of way, this includes the necessary space for the utility facilities impacted by the design of the highway improvement. Either additional right of way width to accommodate a utility corridor or a utility easement can be obtained for the relocation of utility facilities. When drainage easements are acquired along a channel, additional space for utility facilities should be considered to avoid conflicts between the utility facility and the bridge or culvert.&lt;br /&gt;
&lt;br /&gt;
District utilities staff should inform the utility owner’s representative of the potential of a conflict between an existing utility facility and a proposed highway construction project early in the project development process to allow sufficient time for the utility owner to prepare a plan of adjustment and notify the district utilities staff of any easement needs. When utility facilities are located on a utility owner’s private easement, the utility owner may obtain its own new easements. If the utility owner is not in a position to negotiate for new easements or if the utility owner’s policies will not permit it to condemn property to obtain the easement, MoDOT can acquire the easement in the same manner roadway right of way is obtained. The district utilities staff should verify the utility owner is aware of the opportunity to have MoDOT acquire the easement, and the utility owner should provide written documentation on whether the utility owner would like to pursue this option with MoDOT.&lt;br /&gt;
&lt;br /&gt;
For situations where the utility owner will obtain its own replacement right of way and the cost of the adjustment is MoDOT’s responsibility, the utility right of way cost should be reviewed by the district right of way department to ensure the cost is reasonable and acquisition followed state and federal regulations. In order to expedite utility adjustments necessary to allow highway construction, the district utility staff may authorize the utility owner to obtain easements prior to all details of a plan of adjustment being developed. In this situation, the district utilities staff should ensure enough details are known to justify the needed right of way, and an agreement for right of way costs only should be executed with the utility owner.&lt;br /&gt;
&lt;br /&gt;
For situations where MoDOT will obtain the right of way necessary to allow highway construction, district utility staff should negotiate with the utility owner’s representative to ensure all necessary utility easements are shown on the approved right of way plans. The TPM should confirm with district utilities staff that the right of way plans accurately reflect the needs of the utility owners prior to requesting right of way plan approval. The district Right of Way Manager should confirm with district utilities staff before requesting an acquisition date (A-date). Every effort should be made to avoid adding utility easement requests once negotiations with property owners have begun.&lt;br /&gt;
&lt;br /&gt;
Occasionally, when negotiations cannot be completed for easements for the adjustment of utility facilities, it may be necessary to condemn for the property. District utilities staff should coordinate with the utility owner’s representative to ensure no alternate design for the adjustment of the utility facility is practical. The decision to condemn for easements for the adjustment of the utility facilities requires the exercise of good judgment in reaching the conclusion that further good faith negotiations are futile and condemnation is necessary to maintain the project in the scheduled letting. The TPM should coordinate with the district utilities staff and district Right of Way (RW) personnel on the condemnation proceedings.&lt;br /&gt;
&lt;br /&gt;
Easement and other right of way documents used with utility owners are handled in accordance with procedures established jointly with RW and district utilities staff. District survey staff prepare the land descriptions for use in utility easements. The district utilities staff is responsible for completion of the easements in the correct form and scope. A sketch delineating the area described is attached to the easement as Exhibit “A”. Communication with the Design Division will ensure use of proper forms, corporate names and locations, and particular wording required for joint ownerships. The description for a utility easement is to be referenced to the nearest land corner shown on the plans. Examples of easements can be found in the template list in [https://netprod3.dot.missouri/eAgreements/Search/QuickSearch eAgreements].&lt;br /&gt;
&lt;br /&gt;
In situations where MoDOT is acquiring right of way with existing utility easements, but the district utilities staff and the utility owner’s representative agree that the utility facility may remain in place, the utility owner will release the property to the Commission separate from the right of way acquisition. This is done by executing an Easement for Highway Construction (UT16). The utility owner grants and conveys, with warranty of title expressed or implied, to the Commission, the right to construct, reconstruct, and maintain a highway over and across that portion of the easement owned and held by the utility owner. In the future, the utility owner retains any reimbursable rights should future projects require adjustments to allow highway construction.&lt;br /&gt;
&lt;br /&gt;
==643.2.8 Cost Responsibility==&lt;br /&gt;
In addition to determining if a conflict exists between an existing utility facility and a highway improvement project, it is important to determine who is responsible for the costs of the necessary adjustments to allow highway construction. An adjustment for which the Commission is responsible for the costs is known as a reimbursable adjustment. An adjustment for which the Commission is not responsible for the costs is known as a non-reimbursable adjustment. An adjustment for which the Commission and the utility share responsibility for costs is known as a partially reimbursable adjustment. Adjustments determined to be reimbursable or partially reimbursable by the Commission are to be completed under the terms of an agreement executed between the utility owner and the Commission.&lt;br /&gt;
&lt;br /&gt;
===643.2.8.1 Commission Responsibility===&lt;br /&gt;
====643.2.8.1.1 Utility Facilities Located on Private Easements====&lt;br /&gt;
When the utility facility is located on a private easement within the new right of way to be acquired for a future project, the Commission is responsible for the cost of the necessary adjustments to allow highway construction. It may be possible that such easement does not have written easement rights. The Commission will honor this oral right provided acceptable documentation is provided by the utility owner to the district utilities staff. An [https://epg.modot.org/forms/general_files/DE/NonwrittenEasementRights_Example.docx example of acceptable documentation for not written easement rights] is available. Other forms of documentation will be considered on an individual basis.&lt;br /&gt;
&lt;br /&gt;
=====643.2.8.1.1.1 Future Moves=====&lt;br /&gt;
When the utility facility is located on a private easement, taken into the Commission’s right of way, the Commission may agree that any future moves of the same utility by Commission order may be made at the Commission’s cost. Documentation of this agreement is by an Easement for Highway Construction (UT16) agreement. If the Commission provides a substitute private easement, then the Commission will have future obligations consistent with the utility facility’s status in an easement.&lt;br /&gt;
&lt;br /&gt;
====643.2.8.1.2 Utility Facilities Located within Commission Right of Way====&lt;br /&gt;
When the utility facility is located within Commission right of way, but has prior land rights, the Commission is responsible for the cost of adjustments to allow highway construction. The utility owner is responsible for documenting to the satisfaction of the district utilities staff, the basis for the claim of prior land rights within Commission right of way. Time spent researching prior rights is considered coordination and is reimbursable.&lt;br /&gt;
&lt;br /&gt;
====643.2.8.1.3 City or County Utility Facilities on City or County Streets====&lt;br /&gt;
When roadway improvements are within the corporate limits of cities, towns, and villages, a municipal agreement is negotiated between the Commission and the municipality. Likewise, when roadway improvements are within the limits of a county and outside the municipal limits, a county agreement is negotiated between the Commission and the County Commission. Included in these agreements are provisions regarding reimbursement for adjusting city or county owned utility facilities. Reimbursement is provided for adjustment of city or county owned utility facilities that are now located on city or county streets and not on Commission right of way.&lt;br /&gt;
&lt;br /&gt;
====643.2.8.1.4 Lumen====&lt;br /&gt;
Lumen – National (formerly CenturyLink, Lightcore, or Digital Telephone, Inc. (DTI)) and the Commission have entered into a partnership agreement, “Amended and Restated Fiber Optic Cable on Freeways in Missouri,” executed June 5, 2003 which obligates the Commission to be responsible for the cost of the necessary adjustments to allow highway construction along the routes identified in the agreement. A copy of the agreement is available to district utilities staff.&lt;br /&gt;
&lt;br /&gt;
====643.2.8.1.5 Services to the Commission====&lt;br /&gt;
When a utility facility provides a service connection to local Commission facilities such as power to traffic signals, lighting, ITS, and cathodic protection and phone drops to traffic signal controllers or other Commission facilities, the Commission is responsible for the cost of the necessary adjustments to allow highway construction.&lt;br /&gt;
&lt;br /&gt;
====643.2.8.1.6 Private Service Lines====&lt;br /&gt;
While most utility owners reconnect the private service lines at no cost to the property owner, some do not. If a utility owner does not reconnect service lines, MoDOT can include adjustment of private service lines in roadway contracts. Bid items for relocating service connections are provided for the different types of anticipated adjustments.&lt;br /&gt;
&lt;br /&gt;
====643.2.8.1.7 Second Moves====&lt;br /&gt;
If the Commission requires additional work to a utility facility after the facility has been relocated or adjusted in accordance with a plan of adjustment approved by the Commission for a single project number, the Commission is responsible for the cost of the additional work regardless of whether the initial adjustment was Commission responsibility as outlined in other parts of [[#643.2.8.1_Commission_Responsibility|643.2.8.1]].&lt;br /&gt;
&lt;br /&gt;
The purpose of the policy is to encourage utilities to relocate early rather than waiting until plans are published for bidding. The policy eliminates the utility having to relocate twice at its own expense because of late changes in the design. It is best to have utilities relocated prior to construction, and this policy helps achieve that goal. Therefore, it is imperative that the designer notifies district utilities staff as soon as possible of any changes made after these plans have been sent. If notified immediately, it may be possible to inform the utility owner prior to their final design thereby eliminating a second move.&lt;br /&gt;
&lt;br /&gt;
Under this policy, the following are not considered second moves. Temporary and staged relocations necessary to accommodate construction and agreed upon by the utility and the Commission prior to relocation are considered a single move and are not subject to the provisions of the second move policy. If the Commission requires adjustment of a utility facility for which the utility owner is responsible for the cost of the adjustment and was originally determined to not need adjustment, the utility owner is responsible for the cost of the adjustment. The utility owner is responsible for the cost of additional work to any portion of the utility facility after the utility facility has been adjusted in accordance with a plan of adjustment approved by the Commission if the additional work is required by the Commission due to error by the utility owner in preparation of plan of adjustment, field location of, or construction of the adjustment of the utility facility.&lt;br /&gt;
&lt;br /&gt;
When evaluating construction contract changes by change order or value engineering, the impacts of the second move policy should be considered.&lt;br /&gt;
&lt;br /&gt;
===643.2.8.2 Utility Owner Responsibility===&lt;br /&gt;
====643.2.8.2.1 Utility Facilities Owned and Operated by a Political Subdivision====&lt;br /&gt;
When a utility facility is located within Commission right of way, but does not have prior land rights, the utility owner is responsible for the cost of the necessary adjustments to allow highway construction. When a utility facility is located on public right of way other than Commission right of way, the utility owner is responsible for the cost of the necessary adjustments to allow highway construction.&lt;br /&gt;
&lt;br /&gt;
When a political subdivision must bear part or all the cost of adjustments to their utility facilities, and the cost creates a financial hardship, the Commission, by its authorized representative, the Chief Engineer, may temporarily assume these costs. A payback agreement with the political subdivision will include an applicable interest rate for a comparable maturity from a widely published index of tax-exempt municipal rates obtained from Financial Services. Payback time will not exceed five (5) years.&lt;br /&gt;
&lt;br /&gt;
====643.2.8.2.2 Utility Facilities Other Than Those Owned by a Political Subdivision====&lt;br /&gt;
When a utility facility is on the right of way of a public road or street or on state highway right of way without prior land rights and adjustment is necessary to allow for the construction of a roadway improvement, the utility owner is responsible for the cost of the necessary adjustments to allow highway construction.&lt;br /&gt;
&lt;br /&gt;
===643.2.8.3 Shared Responsibility===&lt;br /&gt;
When a utility facility is located such that portions of it are a Commission responsibility and portions of it are a utility owner responsibility by the definitions above, the costs of the necessary adjustments to allow highway construction will be split by the Commission and the utility owner. If the exact cost for each party can be determined, each party will be responsible for their portion of the cost of relocating the utility facility. If the exact cost for each party cannot be determined, the parties will arrive at a percentage reimbursement on an equitable basis.&lt;br /&gt;
&lt;br /&gt;
===643.2.8.4 Notice of Hearing===&lt;br /&gt;
When relocation or other difficulties with utility facilities on public right of way arise that prevent resolution by negotiation, formal hearings will be required.&lt;br /&gt;
&lt;br /&gt;
The district initiates a request for a utility relocation hearing with a letter to the Chief Counsel’s Office (CCO) (a copy is provided to the Design Division) requesting a hearing date. CCO will arrange for a hearing room, court reporter, etc. and advise the district of the hearing date.&lt;br /&gt;
&lt;br /&gt;
The district will prepare the notice of hearing by strictly following the given format and serve the notice on all persons and utility owners listed. The property and utility owner must be served only by personal service or by mailing a certified letter, return receipt requested, no later than 15 days before the date of hearing. This will require the district to make every effort to identify the correct property owner before preparing the notice of hearing. To avoid delays, every attempt will be made to issue the hearing notice at least 30 days prior to the hearing date in case any property has changed ownership and any additional property owners must be served. A notice of hearing on service line connections will also be served on the private or public owner of the main or distribution line to which the service lines are connected. A notarized &amp;quot;[https://epg.modot.org/forms/general_files/DE/ReportOnPersonalService.docx Report of Personal Service]&amp;quot; will be completed when notification by certified mail is not used.&lt;br /&gt;
&lt;br /&gt;
One copy of the hearing notice and attachments, &amp;quot;[https://epg.modot.org/forms/general_files/DE/ReportOnPersonalService.docx Report of Personal Service]&amp;quot; and certified mail notices are to be submitted to CCO after notification is complete.&lt;br /&gt;
&lt;br /&gt;
Prior to the hearing, the district&#039;s representative will become familiar with the details of the utility adjustment in order to provide concise testimony to expedite the hearing process. CCO will assign an attorney to work with the district and present the case.&lt;br /&gt;
&lt;br /&gt;
Refer to 7 CSR 10-3.030 020 Utility Relocation Hearings for additional information.&lt;br /&gt;
&lt;br /&gt;
A Waiver of Hearing should be obtained for non-reimbursable adjustments to document the commitment of the utility owner to adjust its utility facilities without adversely impacting the highway construction project. This may be accomplished informally via written communications between the district utilities staff and the utility owner’s representative. A [https://epg.modot.org/forms/general_files/DE/WaiverOfHearingForm.docx formal Waiver of Hearing statement] may be requested by either MoDOT or the utility owner. A [https://epg.modot.org/forms/general_files/DE/WaiverOfHearingLetter.docx sample transmittal letter for the Waiver of Hearing] is available. For reimbursable or partially reimbursable adjustments, the formal agreement serves as the basis of documentation of this commitment.&lt;br /&gt;
&lt;br /&gt;
==643.2.9 Estimates==&lt;br /&gt;
District utilities staff will negotiate with utility owners to determine reimbursable costs of the necessary adjustments to allow highway construction ([[#643.2.8_Cost_Responsibility|EPG 643.2.8 Cost Responsibility]]). These estimates are prepared in accordance with the provisions of 23 CFR 645 and any amendment thereto. These estimates must reflect the same procedures and costs used by the utility owners in their normal operations and must also accurately represent the expected costs of the work. The utility owner’s estimate will be reviewed by the district utilities staff to ensure compliance with 23 CFR 645.&lt;br /&gt;
&lt;br /&gt;
===643.2.9.1 Independent Cost Estimate===&lt;br /&gt;
The independent cost estimate provides the basis for district utilities staff to review the utility owner’s estimate of costs of the necessary utility adjustments to allow highway construction and any subsequent negotiations with the utility owner. The district utilities staff should prepare an independent cost estimate. The independent cost estimate may be based on unit prices of anticipated items of work in a utility adjustment necessary to allow highway construction. The independent cost estimate alternately may be based on recent similar types of utility adjustments necessary to allow highway construction and scaled for size. Consultants can be used to develop the independent cost estimate. All documentation of the independent cost estimate should be placed in MoProjects.&lt;br /&gt;
&lt;br /&gt;
===643.2.9.2 Type of Project Cost Estimates===&lt;br /&gt;
Either Actual Cost or Lump Sum estimates may be used for estimating the costs on the necessary utility adjustments to allow highway construction. If an Actual Cost estimate is used, detailed records of materials, labor, and equipment are made by district utilities and/or construction staff during construction, and a final audit of the utility owner’s cost records is made to determine the Commission’s actual responsibility for costs of the adjustment completed to allow highway construction. If a Lump Sum estimate is used, a final audit of costs for an adjustment in payment is not required. The Actual Cost method requires more detailed record keeping and documentation by the utility owner and district staff during construction. The Lump Sum method requires more upfront detail and work by the utility owner and judgment on the district utilities staff on the acceptability of the cost. The district utilities staff will work with the utility owner’s representative to determine the best type of estimate and therefore agreement to use.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.2.1 Actual Cost Estimate====&lt;br /&gt;
The cost estimate that supports the actual cost agreement is prepared in sufficient detail to determine the reasonable expected cost of the work to support development of an agreement between the utility owner and the Commission. However, reimbursement is based on the actual costs of design and construction of the necessary adjustment to allow highway construction. The [https://epg.modot.org/forms/general_files/DE/ActualCostCostEstimate_Example.docx actual cost estimate] should detail all costs of the necessary adjustment to allow highway construction, even if the Commission is only responsible for a portion of the costs as detailed in EPG [[#643.2.8.3_Shared_Responsibility|643.2.8.3 Shared Responsibility]].&lt;br /&gt;
&lt;br /&gt;
[https://epg.modot.org/forms/general_files/DE/ActualCostCostEstimate_Example.docx Actual cost estimates] can be used for any dollar amount of reimbursement.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.2.2 Lump Sum Estimates====&lt;br /&gt;
The cost estimate that supports the lump sum agreement must be accurate, comprehensive, verifiable, and in sufficient detail to present a clear picture of the work involved and the cost of the individual items. The estimate may cover only that portion of the adjustment for which the Commission is responsible for the costs of the necessary utility adjustments to allow highway construction.&lt;br /&gt;
[https://epg.modot.org/forms/general_files/DE/LumpSumCostEstimate_Example.docx Lump sum estimates] are limited to a maximum of $200,000 of Commission responsibility of costs of the necessary utility adjustments to allow highway construction; however, exceptions may be made for special situations that have prior approval from Design Division. These exceptions usually cover major relocations for which the Commission&#039;s proportionate responsibility is extremely small.&lt;br /&gt;
&lt;br /&gt;
===643.2.9.3 Utility Cost Estimate Requirements===&lt;br /&gt;
Whether using an Actual Cost or Lump Sum estimate, the following should be included in the estimate, if applicable. If any of the following sections are not included in the estimate, a qualifying statement as to why the costs were not included should be provided.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.1 Scope of Work====&lt;br /&gt;
All estimates require a concise summary of the work to be performed on the estimate. An example is &amp;quot;an estimate of cost covering the work of relocating Company&#039;s 12-inch Cushing-Woodriver pipeline to accommodate construction of Route 47 in Franklin County on Job No. J6P0172&amp;quot;.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.2 Engineering Costs====&lt;br /&gt;
Costs of engineering, whether preliminary or construction, must be shown as separate items and are not to be included with &amp;quot;labor costs&amp;quot;. Concurrent cost accounting procedures of FHWA and MoDOT make this a necessity. See [[#643.2.6_Preliminary_Engineering_Requirements|EPG 643.2.6 Preliminary Engineering]] and [[#643.2.16.2_Construction_Contract_Requirements|EPG 643.2.16.2 Construction Contract Requirements]] for further information.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.3 Right of Way Costs====&lt;br /&gt;
A detailed estimate of the cost to acquire replacement easements by the utility owner is required. The cost should be supported by a right of way plan.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.4 Material Costs====&lt;br /&gt;
Quantities, description of the item, the unit cost, and the extended totals are shown. Percentage computations will be shown immediately following &amp;quot;total cost&amp;quot; so the utility owner’s and Commission&#039;s cost obligations are properly indicated. Unit assembly costs similar to those used by several of the rural electric association (R.E.A.) cooperatives are acceptable, provided the same units and charges are used in the utility owner’s regular operations. A handling charge conforming with the utility owner’s regular procedures may also be included.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.5 Labor Costs====&lt;br /&gt;
Hours, individual or crew rates, and extended totals are shown. Payroll additives such as insurance, retirement, social security, vacation, and other benefits are shown as a separate item under this heading in accordance with utility owner’s regular procedures. Adequate explanation must be given for total percentage used, especially in those cases where materials and labor are combined as unit costs or where labor percentages include additives and equipment requirements.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.6 Equipment Costs====&lt;br /&gt;
A description of the equipment to be used must be shown jointly with the number of hours to be charged. Rates charged for equipment usage must be justified by the utility owner’s established accounting procedures. When the utility owner does not have an established accounting procedure or a capitalization and depreciation schedule that is used in its own operations, the rates are to be established by using rental rate publications as a guide. A reasonable amount will be deducted, when using rental rate schedules, for profit that the rental company realizes. A full explanation of the methods used in establishing the rates must also be submitted to support the utility owner’s request and with approval of the district utilities staff.&lt;br /&gt;
&lt;br /&gt;
Equipment may be rented when the utility owner’s equipment is not available or is inadequate, with the rental rate justified by appropriate solicitation of bids. See [[#643.2.16.2_Construction_Contract_Requirements|EPG 643.16.2 Construction Contract Requirements]] for further information.&lt;br /&gt;
&lt;br /&gt;
Unusual accounting procedures may be accepted with adequate prior explanations and approval of the Design Division.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.7 Removal Costs====&lt;br /&gt;
These costs are estimated and shown in a similar method but separately from installation costs. When removal costs exceed salvage credits by more than the estimated cost of removal by the roadway contractor, an effort should be made to persuade the utility owner to abandon the utility facilities in place. An exception is made when the utility owner is required to remove abandoned utility facilities because of liability, hazard, or by specific agreement with the Commission. Abandoned utility facilities can be included with the miscellaneous removals in the roadway contract. It may be possible for the utility owner to remove those portions of the utility facility for which credits will exceed removal costs, with the remainder of the utility facility to be abandoned for removal in the roadway contract. Materials removed must be itemized, with the utility owner’s customary salvage credit given. Items to be scrapped or junked should be indicated. Whenever a utility facility or portion thereof is shown to be abandoned on the plan of adjustment, the roadway plans should be notated accordingly. This eliminates ownership problems if these utility facilities are removed or salvaged by the roadway contractor.&lt;br /&gt;
&lt;br /&gt;
When the utility facility is no longer needed and removal is necessary to accommodate the roadway project, the removal of the item may be handled either as a right-of way-item or a utility adjustment. When handled as a right of way item, the damages allowed are to equal the depreciated value of the utility facility, with the necessary removals being accomplished by the roadway contractor. If accomplished as a utility adjustment, the Commission, by utility agreement, will reimburse the utility owner for removal costs and receive salvage credit for the material removed, up to but not exceeding removal costs.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.8 Salvage of Removed Materials====&lt;br /&gt;
This statement, to explain the salvage credit or lack of credit, will reflect routine utility owner policy as well as the particular situation. The utility owner will place a value on any recovered material for salvage. District utilities staff should check this value for reasonableness. Examples of salvage statements include:&lt;br /&gt;
* Existing utility facilities to be abandoned in place, since the cost of salvaging, based on our past experience, will exceed their value.&lt;br /&gt;
* Only those items will be salvaged for which salvage credit will exceed the cost of removal and salvage.&lt;br /&gt;
* Company liability requires removal of the retired utility facilities, even though the cost of removal will exceed allowable credit for salvage.&lt;br /&gt;
* Salvage credits are in accordance with established company accounting procedures.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.9 Accrued Depreciation Credits====&lt;br /&gt;
Credit is required for the accrued depreciation of a utility facility that is being replaced. Examples are a building, structure, pumping station, filtration plant, power plant, substation, or other similar operational unit. Credit for accrued depreciation will not be required for a segment of the utility&#039;s service, distribution, or transmission lines. It is also not required when the building or structure is being moved as necessitated by the highway project. Acceptable accrued depreciation credit will be determined by using the following formula:&lt;br /&gt;
:&amp;lt;math&amp;gt;\frac{Actual \; Length \; of \; Service \; of \; Replaced \; Facility \; (Years)}{Total \; Estimated \;  Service \; Life \; of \; Replaced \; Facility \; (Years)} \times Original \; Cost \; (\$) = Credit&amp;lt;/math&amp;gt;&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.10 Betterment Credits====&lt;br /&gt;
Betterment means the upgrading of the utility facility being relocated, made solely for the benefit of and at the election of the utility owner and is not attributable to the roadway improvement. Credit to the Commission is required for the additional costs incurred for the betterments introduced in the adjusted utility facility. No betterment credit is required for additions or improvements which are:&lt;br /&gt;
* Required by the highway project&lt;br /&gt;
* Replacement devices or materials that are of equivalent standards although not identical&lt;br /&gt;
* Replacement of devices or materials no longer regularly manufactured with next highest grade or size&lt;br /&gt;
* Required by law under governmental and appropriate regulatory commission code&lt;br /&gt;
* Required by current design practices regularly followed by the utility owner in its own work, and there is a direct benefit to the highway project&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.11 Overhead Costs====&lt;br /&gt;
Overhead costs are usually a percentage of the total labor cost. This item must be in accordance with the utility owner’s established accounting procedures, which in some cases may include handling costs or be a percentage of the total cost of the work involved. Additional attention to overhead costs is required when the rate is different from previously accepted rates. Occasionally, it can be difficult to obtain the necessary information at the time of the estimate to approve the overhead rates. In this situation, the estimate can be approved with exception of the overhead rates for payment. The utility owner is informed of this matter with the understanding that the overhead rates could be approved and paid with submission of appropriate supporting data and Financial Services audit review.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.12 Prorating Costs====&lt;br /&gt;
The need for prorating utility adjustment costs occurs when both the Commission and the utility owner are responsible for a portion of the utility adjustment necessary to allow for highway construction, and the actual costs for reimbursement in each category cannot be explicitly determined. Generally, the following conditions require division of costs:&lt;br /&gt;
* The adjustment is considered partially reimbursable per [[#643.2.8.3_Shared_Responsibility|EPG 643.2.8.3 Shared Responsibility]]&lt;br /&gt;
* Betterments are included in the necessary adjustment of the utility facility&lt;br /&gt;
&lt;br /&gt;
The district utilities staff should negotiate with the utility owner’s representative to determine an equitable basis for the prorating of costs based on the characteristics of the utility adjustment necessary to allow for highway construction.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.13 Costs Records====&lt;br /&gt;
The estimate should include a statement as to where the utility owner’s cost records may be reviewed. An example: &amp;quot;Company cost records will be available in our office at 2134 Industrial Avenue, Tulsa, Oklahoma&amp;quot;.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.14 Other====&lt;br /&gt;
Additional statements will explain or further clarify the work that is included. Such other items may include bypasses, special equipment, need for larger utility facilities, etc.&lt;br /&gt;
&lt;br /&gt;
==643.2.10 Schedule==&lt;br /&gt;
Timely adjustments of utility facilities are essential for efficient completion of highway construction projects. Ideally, all utility adjustments are completed prior to a project’s Plans, Specifications, and Estimate (PS&amp;amp;E) submittal to Central Office. Depending on the specifics of the highway construction and utility adjustment necessary, early completion of the utility adjustment may not be practical. The district utilities staff should negotiate with the utility owner to determine the schedule parameters necessary for the utility adjustment. At a minimum, the utility owner should document the dates it anticipates starting and completing the work. If a utility adjustment depends upon the completion of a portion of the highway construction, the necessary milestone for starting the utility adjustment should be documented along with an anticipated number of working days to complete the utility adjustment. The schedule is included as Exhibit “C” to the agreement.&lt;br /&gt;
&lt;br /&gt;
==643.2.11 Pre-Audits==&lt;br /&gt;
The district utility staff performs a pre-audit review and approval prior to preparation of the agreement. A [https://epg.modot.org/forms/general_files/DE/PreAuditChecklist.docx pre-audit checklist] should be completed and saved in MoProjects.&lt;br /&gt;
&lt;br /&gt;
==643.2.12 Utility Agreements==&lt;br /&gt;
Whenever the Commission is responsible for the cost of the necessary adjustments to allow highway construction, an agreement is required. If a Master Reimbursable Utility Agreement (see [[#643.2.12.2_Master_Reimbursable_Utility_Agreements|EPG 643.2.12.2]]) has not been executed with the utility owner, a Project Specific Agreement (see [[#643.2.12.3_Project_Specific_Agreements|EPG 643.2.12.3]]) is executed between the utility owner and the Commission. In some cases, it may be more practical for the Commission to include adjustment of utilities into a Commission administered contract. A Utility Agreement - Actual Cost (For Utility Work That is to be Included in the Missouri Highways and Transportation Commission&#039;s Road Project) (see [[#643.2.12.4_Agreement_for_Utility_Work_Included_in_Roadway_Improvement_Project|EPG 643.2.12.4]]). Agreements include a plan of adjustment (Exhibit “A”), cost estimate (Exhibit “B”), and schedule (Exhibit “C”).&lt;br /&gt;
&lt;br /&gt;
The Utility Agreement boilerplate forms have been approved by the Chief Counsel’s Office (CCO). They are identified in the upper left-hand corner of each agreement by an identifier such as CCO Form: UT01 for the Master Reimbursable Utility Agreement. CCO updates these agreements as necessary. They serve as a guide in the preparation of the agreement to be executed with the utility owner for the adjustments required to their utility facilities to accommodate the proposed roadway improvement project. District utilities staff should use the latest version of the agreement found in [https://netprod3.dot.missouri/eAgreements/Search/QuickSearch eAgreements] in drafting an agreement with utility owners. A list of utility agreements and detailed information concerning the sequence for preparing and executing an agreement is available in  [[:Category:153_Agreements_and_Contracts|EPG 153 Agreements and Contracts]].&lt;br /&gt;
&lt;br /&gt;
These forms are to be used word for word. Revisions or additions are only made to address specific project details. The intent of each paragraph must be retained, although specific words may be revised to fit the particular situation. No paragraphs are deleted without prior approval from CCO. For guidance on acceptance of liability, refer to the [[:Category:153_Agreements_and_Contracts#153.1.1.2_Acceptance_of_Liability_Policy_(MoDOT_Access_Only)|Acceptance of Liability Policy]] at the CCO SharePoint page. Drafts of agreements having major revisions or complications are to be submitted, with supporting data, to Design Division for comment and approval.&lt;br /&gt;
&lt;br /&gt;
A reference to 23 CFR 645 is included in all agreements. Utility owners must be acquainted with these requirements and procedures. The incorporation of 23 CFR 645 by reference in all agreements eliminates the need for a second set of regulations to be included in the document.&lt;br /&gt;
&lt;br /&gt;
The agreement for the adjustment of a utility is prepared by the district utilities staff and submitted to the utility owner for execution. The agreement is based on the plan, estimate of cost which was prepared in accordance with 23 CFR 645, and schedule. Authorized individuals representing the utility owner will execute the agreement. The agreement must be signed, sealed, and if necessary, notarized by the utility owner. If the utility owner does not have or use a corporate seal, write &amp;quot;NO SEAL&amp;quot; under the signatures of the owner’s officers. Agreements with political subdivisions are to be supported by an appropriate ordinance, a copy of which is to be submitted with the executed agreements. All copies will be forwarded to the CCO for further handling. A fully executed copy of the agreement will be retained in eAgreements. If the agreement was executed using electronic signatures, the district utilities staff should forward an electronic copy of the fully executed agreement to the utility owner. If the agreement was executed using wet signatures, one (1) paper copy of the fully executed agreement will be returned by the Commission Secretary’s Office to the district utilities staff. The district utilities staff will forward this copy to the utility owner.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.1 Buy America Build America Requirements===&lt;br /&gt;
All agreements contain information on Buy America Build America (BABA) compliance. The utility owner should select the method of certification (See [[#643.2.19_Buy_America_Build_America_for_Utilities|EPG 643.2.19]]) at the time of agreement completion. The appropriate paragraph will be inserted into the agreement. All BABA compliance documents must be retained by the utility owner and made available upon request at no cost to the Commission and/or FHWA.&lt;br /&gt;
&lt;br /&gt;
====643.2.12.1.1 Utility Owner Self-Certification====&lt;br /&gt;
The City/Company certifies that when determining products/materials subject to Buy America Build America requirements to use in the performance of this Agreement, it shall use only such products/materials for which it has received a certification from its supplier, or provider of construction services that procures the product/material, certifying compliance with Buy America Build America requirements. This does not include products/materials for which waivers have been granted pursuant to 23 CFR 635.410. The City/Company will not be required to provide the Commission copies of the supplier certification as part of this Agreement or with the final invoice of said Commission’s Federal-Aid Highway Construction Project.&lt;br /&gt;
&lt;br /&gt;
====643.2.12.1.2 Vendor/Manufacturer Certification====&lt;br /&gt;
The City/Company certifies that when determining products/materials subject to Buy America Build America requirements to use in the performance of this Agreement, it shall use only such products/materials for which it has received a certification from its supplier, or provider of construction services that procures the product/material, certifying compliance with Buy America Build America requirements. This does not include products/materials for which waivers have been granted pursuant to 23 CFR 635.410. The City/Company shall provide to the Commission all Buy America compliance documents as outlined in the Commission’s Engineering Policy Guide 643. All required compliance documents shall accompany the final invoice submitted to the Commission.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.2 Master Reimbursable Utility Agreements===&lt;br /&gt;
The UT01: Master Reimbursable Utility Agreement (MRUA) is a statewide agreement that has been executed by the utility owner and the Commission for all future reimbursable utility adjustments between both parties. Once a MRUA is executed, no other utility agreements are required on design-bid-build projects. The district utilities staff should encourage utility owners to enter into a MRUA with the Commission to reduce potential future delays in executing a project specific agreement. A list of previously executed [https://modotgov.sharepoint.com/sites/DE/Utilities/Agreements/MRUA%20-%20Existing?csf=1&amp;amp;web=1&amp;amp;e=4LJHoa Master Reimbursable Utility Agreements (Modot Access Only)] is available. District utilities staff should add newly executed agreements to this list. The MRUA can be employed as either an actual cost ([[#643.2.12.3.1_Actual_Cost_Agreements|EPG 643.2.12.3.1]]) or lump sum ([[#643.2.12.3.2_Lump_Sum_Agreements|EPG 643.2.12.3.2]]) agreement. When the reimbursable adjustment will utilize a MRUA, the district utilities staff will prepare a MRUA correspondence letter (“letter agreement”) referencing the executed MRUA. A copy of the MRUA correspondence letter should be saved in MoProjects for reference by Financial Services, the district construction office, and the district staff responsible for inspection of utility adjustments. All project specific items such as type of agreement (actual cost or lump sum), plan of adjustment, estimated total cost, cost allocation, and schedule are addressed in the MRUA correspondence letter from the district utilities staff to the utility owner. A [https://epg.modot.org/forms/general_files/DE/flowchart.pdf flowchart of the MRUA process] is available.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.3 Project Specific Agreements===&lt;br /&gt;
If a utility owner does not have a MRUA with the Commission, a project specific agreement will be required for every project for which the Commission is responsible for the necessary adjustments to allow highway construction. The project specific agreement will be either an actual cost ([[#643.2.12.3.1_Actual_Cost_Agreements|EPG 643.2.12.3.1]]) or lump sum ([[#643.2.12.3.2_Lump_Sum_Agreements|EPG 643.2.12.3.2]]) agreement.&lt;br /&gt;
&lt;br /&gt;
====643.2.12.3.1 Actual Cost Agreements====&lt;br /&gt;
The UT03: Utility Agreement – Actual Cost is used when detailed estimates are not practical or costs appear to be questionable. Details on actual cost estimates can be found at [[#643.2.9.2.1_Actual_Cost_Estimate|EPG 643.2.9.2.1 Actual Cost Estimates]]. Once the final invoice on a UT03 is submitted to Financial Services, district utilities staff should change the status on the agreement in eAgreements to completed.&lt;br /&gt;
&lt;br /&gt;
====643.2.12.3.2 Lump Sum Agreements====&lt;br /&gt;
The UT02: Utility Agreement – Lump Sum eliminates the need for keeping detailed records of cost and the auditing of cost records. Estimates of cost must be prepared in detail for use of this agreement. When detailed estimates are not practical or costs appear unreasonable, actual cost agreements are to be used. Use of special forms of agreements, such as &amp;quot;subordination agreements&amp;quot;, which are desired by certain utility owners, is acceptable. These, too, must be revised to cover the particular situation. Details on lump sum estimates can be found at [[#643.2.9.2.2_Lump_Sum_Estimates|EPG 643.2.9.2.2 Lump Sum Estimates]]. Once the final invoice on a UT02 is submitted to Financial Services, district utilities staff should change the status on the agreement in eAgreements to “completed”.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.4 Agreement for Utility Work Included in Roadway Improvement Project===&lt;br /&gt;
The UT04: Utility Agreement - Actual Cost (For Utility Work That is to be Included in the Missouri Highways and Transportation Commission&#039;s Road Project) allows for the adjustment to be based on actual cost with the roadway contractor performing the utility work. Caution should be exercised in the type of utilities to be relocated in roadway contracts. Utilities recommended are waterlines and sewer lines. Other utilities, such as gas lines, communication lines, and power lines are to be studied thoroughly before being included in the project.&lt;br /&gt;
&lt;br /&gt;
The Transportation Project Manager and district utilities staff must plan ahead to get this work in the roadway contract. The utility owner must agree to include the utility adjustment in the roadway contract. The adjustment may be on highway right of way or on private easement in the name of the utility owner. The utility owner can agree to allow MoDOT’s contractor to work in its easement. However, district utilities staff in consultation with district right of way staff should review the easement documentation to verify the utility owner’s rights to the easement and any limitations on its use. MoDOT’s contractor can work and operate on both Commission right of way and on the utility easement, even when not directly connected to the Commission right of way, as part of the job site. Temporary construction easements may be necessary in addition to the utility easement to ensure adequate working room for the contractor.&lt;br /&gt;
&lt;br /&gt;
:The utility owner may request exemption to any liability for negligence of our contractor working on their easement. The Commission can assume that liability (refer to [[:Category:153_Agreements_and_Contracts#153.1.1.2_Acceptance_of_Liability_Policy_(MoDOT_Access_Only)|Acceptance of Liability Policy]]), but it should be included in the utility agreement if so desired by the utility owner. A Job Special Provision is necessary to require the MoDOT contractor to hold the utility harmless from all claims due to contractor negligence.&lt;br /&gt;
&lt;br /&gt;
Subsurface information, i.e. boring data, etc., should be obtained by the utility owner since it may be needed for the design of the utility adjustment. This information should be included in the plans. If the utility owner must bear all or part of the cost of the adjustment, the utility owner must agree to pay a pre-deposit to the Commission prior to opening bids on the project. This should be in the utility agreement. The pre-deposit will be credited to the &amp;quot;Missouri Highway and Transportation Commission - Local Fund.&amp;quot; Any interest earned in the fund will apply to the cost of the adjustments. The utility agreement will include language that the utility will inspect the installation and assume maintenance of the utility facility after construction. MoDOT will also provide engineering supervision to be sure the road contractor is in compliance with the contract. Utility plans and specifications are to be approved by the owner prior to submittal to the Central Office. The following items will provide minimum information to allow MoDOT’s contractor to bid the work.&lt;br /&gt;
# Individual bid items (not &amp;quot;lump sum&amp;quot;) should be established to promote better bidding and to handle overruns and underruns. Bid items not included on the Computer Stored Bid Item list should be &amp;quot;99&amp;quot; numbers.&lt;br /&gt;
# he bid package must be in our letting format. If the package was prepared by a consultant as if the utility owner were going to let it, all bid bond or bidding procedures must be screened to remove requirements contrary to MoDOT letting requirements. District utilities staff should work with the Transportation Project Manager, Design Liaison Engineer, and Central Office Bidding and Contract Services to ensure this requirement is met.&lt;br /&gt;
# The specifications required by the utility owner should be reviewed for items that could cause a bid problem for our contractor. Items such as non-readily available materials or sizes should be avoided.&lt;br /&gt;
# Utility plan sheets should be .pdf files equivalent to 22 in. x 34 in. It is helpful to have a quantity sheet specifically for utility items.&lt;br /&gt;
# Any special procedures required for the utility installation should be included in the Job Special Provisions.&lt;br /&gt;
# The utility package should be submitted on-time to Central Office with other project plans.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.5 Agreement for a Utility Only Project===&lt;br /&gt;
Any of the above agreements can be modified for a utility only project separate from the roadway project. The utility only project may be done by forces hired by the utility owner or by the Commission. A separate utility only project has distinct advantages when the following occurs:&lt;br /&gt;
* The utility work is extensive&lt;br /&gt;
* It must be performed in accordance with the utility owner’s seasonal requirements&lt;br /&gt;
* It extends beyond the limits of the construction project&lt;br /&gt;
* It must be performed considerably in advance of the roadway contract&lt;br /&gt;
&lt;br /&gt;
Necessary environmental and design work is still required for the limits of the separate utility only project. It may be necessary in these cases to have a second agreement with the utility owner to cover any other work that must be performed concurrently with the roadway contract. These latter agreements will use the roadway construction job number. Early need for utility projects is to be determined at the time when the STIP is updated each year. The utility construction funds will be shown in the year right of way funds are assigned. This will be done whenever possible to secure early adjustment of utility facilities. A request by the district is sent to the Planning Division. Estimated dollar amounts for utility adjustments are needed. These are estimates and do not need to be extremely accurate. When a special utility project is established, it is preferred, if at all possible, to include all the utility adjustments necessary for the entire roadway project. If funds are available, additional agreements can be added to this utility project until the final invoice for the first completed agreement is received for payment.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.6 Supplemental Agreements===&lt;br /&gt;
For utility owners with a UT01 agreement, a supplemental letter agreement documenting the change in the scope or cost of the work is acceptable.&lt;br /&gt;
&lt;br /&gt;
The UT05: First Supplemental Agreement is used to document changes to UT02 and UT03 agreements. If changes to the scope of work occur that are anticipated to exceed $100,000 or 15% of the original agreement, a UT05 is required. If the final invoice on an actual cost adjustment without changes in the scope of work exceeds the limits shown in the table below, a UT05 is required.&lt;br /&gt;
&lt;br /&gt;
{| class=&amp;quot;wikitable&amp;quot; style=&amp;quot;margin-left: 25px; text-align:center&amp;quot;&lt;br /&gt;
! Amount in Original Actual Agreement !! Final Bill Total Exceeds Original Amount by:&lt;br /&gt;
|-&lt;br /&gt;
| 0-$25,000 || 50%&lt;br /&gt;
|-&lt;br /&gt;
| $25,000-$100,000 || 40%&lt;br /&gt;
|-	&lt;br /&gt;
| Exceeds $100,000 || 30%&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
Should multiple UT05s be required with the same utility owner, the UT05 should be modified for additional supplemental agreements. Once the final invoice on an UT05 is submitted to Financial Services, district utilities staff should change the status on the agreement in eAgreements to “completed”.&lt;br /&gt;
&lt;br /&gt;
==643.2.13 Utility Adjustments in Roadway Plans and Job Special Provisions (JSPs)==&lt;br /&gt;
It is the responsibility of the MoDOT Transportation Project Manager (TPM) to ensure utility plans of adjustment are shown on the project plans at the Plan, Specification, and Estimate (PS&amp;amp;E) stage based upon information coordinated by the district utilities staff with the appropriate utility owner.&lt;br /&gt;
&lt;br /&gt;
===643.2.13.1 Plans===&lt;br /&gt;
A legend showing all applicable utility symbols and the names of the utility owners is shown on the first special utility sheet. In the absence of special utility sheets, this information may be shown on the title sheet or the first plan and profile sheet. The following note is required to be placed on the title sheet or the first plan and profile sheet and the first special utility sheet (if used) to inform contractors of the suitability of the utility information contained on the plans.&lt;br /&gt;
&lt;br /&gt;
&amp;quot;The existence and approximate location of utility facilities known to exist, as shown on the plans, are based on the best information available to the Commission at this time. This information is provided by the Commission &amp;quot;as-is&amp;quot; and the Commission expressly disclaims any representation or warranty as to the completeness, accuracy, or suitability of the information for any use. Reliance upon this information is done at the risk and peril of the user, and the Commission shall not be liable for any damages that may arise from any error in the information&amp;quot;.&lt;br /&gt;
&lt;br /&gt;
===643.2.13.2 Job Special Provisions===&lt;br /&gt;
Since the addition of utility information on the plans, supplied by a third party, could subject the Missouri Highway and Transportation Commission to additional liability, a Utility JSP reflecting the status of utility adjustments will be required. The JSP will include the name, address, e-mail address, and telephone number of all utility owner representatives for all utility facilities located on the project. The anticipated adjustment completion date for each utility adjustment is also to be shown based on the agreed upon dates, durations, or completion dates with the utility owner’s representative. This information will inform the bidder of the status of utilities for proper work coordination that could affect the bids for the proposed highway construction project. Status notations will include general notations such as: “N/A”, “Work is in progress”, “Work has not started”, “Work is complete”, and “Work is included in contract.”&lt;br /&gt;
&lt;br /&gt;
===643.2.13.3 PS&amp;amp;E Submittal===&lt;br /&gt;
In the District Final Plans Submittal Checklist (D-12), the TPM should note any issues related to existing utility facilities or the adjustment of utility facilities either shown or not shown on the plans. Projects with “No Utility Impacts” such as some overlays, striping, bridge washing, etc. do not need a Utility Status Letter or Utility JSP. The D-12 is used for these projects. In the D-12, under Project Details – “Utilities”, the note “NO” is selected and under “Status”, select “Clear”. For all other projects, the district utilities staff will write a [https://epg.modot.org/forms/general_files/DE/utilitystatusletter Utility Status Letter]. The TPM will include the Utility Status Letter with the submittal of the final plans to the Design Division. The Utility Status will be defined as:&lt;br /&gt;
# Utility facilities are present, but no conflict is anticipated with the highway construction project. Or,&lt;br /&gt;
# All utility facilities requiring adjustment to allow highway construction have been physically adjusted on the project. Or,&lt;br /&gt;
# Utility construction work is planned or active and will be completed to such a point that no impact will be expected to the highway construction project. The status of this work is defined in the utility JSP. Or,&lt;br /&gt;
# Utility facilities are not expected to be adjusted by the notice to proceed date for the road project, but the utility work will have no impact on the progress of the highway construction project. The status of this work is defined in the utility JSP. Or,&lt;br /&gt;
# Utility facilities must be adjusted after the road contractor completes stage construction or in coordination with the contractors’ work. Details of the coordination effort required of the contractor are defined in the utility JSP to properly advise bidders. Or,&lt;br /&gt;
&lt;br /&gt;
# Utility adjustment plans and specifications are included in the bid documents for the highway construction project. A UT04 agreement must be executed.&lt;br /&gt;
&lt;br /&gt;
==643.2.14 Payment to Utility Companies for Reimbursable Work==&lt;br /&gt;
Authorization and federal funding obligation must be approved prior to incurring costs. This applies to all types of work on utility facilities including preliminary engineering. An obligation is a commitment by the federal government to reimburse MoDOT for the federal share of a project’s eligible cost.&lt;br /&gt;
&lt;br /&gt;
===643.2.14.1 Obligation Process===&lt;br /&gt;
Federal funding can be used with both lump sum and actual cost agreements. After the utility agreement is fully executed, the district utilities staff will email a copy of the utility agreement or the letter agreement referencing the MRUA to the email group OBLIGATE. This email should request the authorization authority for use of federal funds and to be informed of a Notice to Proceed (NTP) (see [[#643.2.15_Notice_to_Proceed|EPG 643.2.15]]) date by Financial Services once federal funding has been obligated. District utilities staff should allow three (3) weeks to receive the NTP. Financial Services will use Advance Construction (AC) funding to fund reimbursement to utility owners. With AC funding, state funds initially are used to pay for reimbursement to utility owners. Once construction is complete, with appropriate documentation of the work via the [https://epg.modot.org/forms/general_files/DE/C-9.docx C-9] and [https://epg.modot.org/forms/general_files/DE/C-13.docx C-13], Financial Services will convert to federal funding.&lt;br /&gt;
&lt;br /&gt;
===643.2.14.2 Preliminary Engineering===&lt;br /&gt;
On occasion, preliminary engineering (PE) may need to be undertaken by the utility owner prior to the execution of a utility agreement. If a utility owner has a MRUA, an estimate of the cost of the PE work by the utility owner may be used to obligate funding for preliminary engineering under the MRUA as a PE only letter agreement. If a lump sum or actual cost agreement will be required with the utility owner for the project, district utilities staff should do two (2) agreements with one agreement covering PE only, and once a design for the adjustment is obtained, a second agreement for the construction of the adjustment should be executed. If a separate PE only agreement is obtained, NTP will need to be issued twice to the utility owner: once for PE and once for construction.&lt;br /&gt;
&lt;br /&gt;
===643.2.14.3 Right of Way===&lt;br /&gt;
Once Notice to Proceed has been given, the utility owner may begin the right of way acquisition process. If the utility owner needs to acquire right of way prior to a full agreement for relocation has been negotiated, the agreement specifically for the acquisition of right of way should be executed. This agreement will be sent to Financial Services to begin the obligation process.&lt;br /&gt;
&lt;br /&gt;
===643.2.14.4 Construction===&lt;br /&gt;
Payment to utility owners for construction of the adjustment may occur in a number of phases.&lt;br /&gt;
&lt;br /&gt;
====643.2.14.4.1 Prepayment====&lt;br /&gt;
Per the utility agreement, the Commission allows utility owners to be prepaid prior to commencing work. The district utilities staff may negotiate the prepayment if the utility owner is receptive. The utility owner will submit a request for prepayment with an invoice prior to any prepayment. Route, county, and job number must be included in the request. The district utilities staff will submit a request to Financial Services with a copy saved in MoProjects for future reference by the district staff responsible for inspection of the utility adjustment.&lt;br /&gt;
&lt;br /&gt;
====643.2.14.4.2 Progress Payments====&lt;br /&gt;
If a utility owner has not been prepaid the entire estimated amount in the utility agreement, then the utility owner may request progress payments after completing a portion of the proposed work, including PE.&lt;br /&gt;
&lt;br /&gt;
Progress payments for PE by consultants should not exceed the &amp;quot;maximum not to exceed amount&amp;quot; shown in the cost estimate unless additional costs are approved first by district utilities staff.&lt;br /&gt;
&lt;br /&gt;
For progress payments, the utility owner is required to submit only a summary of work and materials for which payment is claimed, not a detailed billing. District utilities staff should check only to be sure that sufficient work has been done to justify making the requested payment. Payment should be made for allowable costs incurred up to the date of the progress payment request.&lt;br /&gt;
&lt;br /&gt;
Progress payment invoices do not relieve the utility owner of the responsibility of submitting one complete and final invoice upon completion of the adjustment. The utility owner’s address must be shown on the invoice. The district utilities staff should submit progress payment invoices and applicable C-9s to Financial Services within one (1) week of receipt of invoice.&lt;br /&gt;
&lt;br /&gt;
One copy of the progress payment and one copy of the district utilities staff letter of recommendation must be sent to Financial Services for payment and be stored in MoProjects. The cover memo should include the project number, route, county, actual cost or lump sum utility agreement, Commission obligation percentage, total cost estimate of Commission obligation, and indicate the progress payment number, i.e., progress payment number 1, 2, 3, etc. If more than one progress payment is requested by the utility company, the district should submit progress payment bills to Financial Services in the following format:&lt;br /&gt;
{| class=&amp;quot;wikitable&amp;quot; style=&amp;quot;margin-left: 25px; text-align:center&amp;quot;&lt;br /&gt;
! Payment !! Amount&lt;br /&gt;
|-&lt;br /&gt;
| Progress Payment #1 || $50,000&lt;br /&gt;
|-&lt;br /&gt;
| Progress Payment #2 || 10,000&lt;br /&gt;
|-	&lt;br /&gt;
| Total Payment to Date || $60,000&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
This format will help clarify payment history with the utility owner. Progress payments for actual cost utility agreements may not exceed the Commission&#039;s total estimated cost shown in the agreement. However, if the request for a progress payment exceeds the original estimate, a change order with explanation should accompany the request. (See [[#643.2.16.5_Change_Orders|EPG 643.2.16.5 Change Orders]].)&lt;br /&gt;
&lt;br /&gt;
====643.2.14.4.3 Final Payment====&lt;br /&gt;
Utility owners are required to submit a detailed final invoice to MoDOT for all actual cost reimbursable utility work and for any lump sum reimbursable utility work that was not prepaid. For prepaid lump agreements, the utility owner must submit a zero-dollar ($0) invoice to demonstrate the work has been completed. After the utility work has been fully completed, the district utilities staff responsible for inspection should send the utility owner a “60 Day” [https://epg.modot.org/forms/general_files/DE/FinalInvoiceLetter.docx Final Acceptance Letter] requesting a complete final invoice within 60 days, as detailed in the utility agreement. If the final invoice is not received from the utility owner within 30 days, then a follow up letter should be sent (i.e., “30 Day” [https://epg.modot.org/forms/general_files/DE/FinalInvoiceReminderLetter.docx Reminder Final Invoice Letter]) reminding the utility owner of its obligation to submit a final invoice within 60 days of the completed work. If a final invoice from the utility owner is not received within this timeframe, then the district utilities staff should contact the Design Liaison Engineer for guidance on how to close out the work.&lt;br /&gt;
&lt;br /&gt;
The district utilities staff is expected to check the final bill within two (2) weeks after receipt in as much detail as possible against the C-9. It is their responsibility to verify from field records the quantities of labor, equipment, material used, material retired, and to justify all changes made. If the utility owner’s contractor made the adjustment at unit cost prices, then it is the district utility staff’s responsibility to verify the number of units completed and not the hours of labor and equipment. It is also important for the utility owner to show the words “final bill” or “final invoice” on the last bill, in order for MoDOT to understand that no additional charges will be made on the adjustment. The final bill must show a general description of the utility adjustment, the highway project number, the date on which work was completed or last item of billed expense was incurred, and the location where records can be audited. The order of items in the final statement should follow as closely as possible the order of items in the original estimate. A summary, on the utility owner’s letterhead, of the total cost of preliminary engineering, construction engineering, right of way, labor, overhead, construction travel expense, transportation, equipment, materials, supply, handling, and salvage credits should be shown in a way that will permit direct comparison with the approved estimate from the original or supplemental agreements (see [[#643.2.12.6_Supplemental_Agreements|EPG 643.2.12.6]]).&lt;br /&gt;
&lt;br /&gt;
If the Actual Cost final invoice shows a much higher cost than the original estimate without scope change, the utility owner is required to give reasons in a letter to the district utilities staff explaining why the invoice cost increased. When the Actual Cost final invoice exceeds the amount shown in the table in [[#643.2.12.6_Supplemental_Agreements|EPG 643.2.12.6]], a supplemental agreement is required.&lt;br /&gt;
&lt;br /&gt;
When the district utilities staff has determined that the final invoice is accurate, the C-13 should be completed. Once the C-13 is completed, the C-13 and the final invoice from the utility owner are forward to Financial Services. For Actual Cost agreements, the C-9s should also be included in this transmittal. If no additional payments are required, the district utilities staff should note this in the transmittal as well. If the final invoice indicates previous payments to a utility owner exceeded the final invoice, the utility owner will need to send MoDOT a check for the overpayment amount. The check should be made payable to Director of Revenue – Credit State Road Fund. If the utility owner did not send MoDOT an overpayment check with the final invoice, district utilities staff should send a letter to the utility owner requesting the refund amount. Submittal of the final invoice to Financial Services should not occur until repayment has been received. The submittal to Financial Services should note the receipt of the repayment check.&lt;br /&gt;
&lt;br /&gt;
==643.2.15 Notice to Proceed==&lt;br /&gt;
For PE only, once an agreement has been executed, and Financial Services has advised that authorization from FHWA has been received, district utilities staff will issue a notice to proceed (NTP) letter to the utility owner for the PE. For agreements that include PE and construction or once a final agreement for construction has been executed, right of way clearance has been issued, and Financial Services has advised that authorization from FHWA has been received, the district utilities staff will issue NTP to the utility owner for construction. See [https://epg.modot.org/forms/general_files/DE/NoticeToProceedExampleLetter.docx Example of Notice to Proceed Letter]. If salvage credit is part of the agreement with the utility owner, the NTP letter should include a statement that the utility owner will need to inform district utilities staff of the time and place that inspection may be made of the removed material. The utility owner may be held accountable for full value of materials disposed without proper notice. Utility owners may purchase materials prior to NTP for construction; however, no other work on the adjustment necessary to allow highway construction may begin prior to NTP for construction. The utility owner, for reasons of planning their workload or due to seasonal situations, may request early authorization to perform the work. This request, with the district utilities staff recommendations, is sent to the Design Liaison Engineer for further handling, approval, and advancement of the necessary funds. A copy of the NTP should be saved in MoProjects. If a utility owner begins adjustments prior to NTP for construction, district utilities staff should notify the utility owner immediately in writing that reimbursement will not be made for work done prior to NTP for construction.&lt;br /&gt;
&lt;br /&gt;
==643.2.16 Construction of Utility Adjustments==&lt;br /&gt;
===643.2.16.1 Utility Owner Self-Perform===&lt;br /&gt;
As per 23 CFR 645.115 Construction, it may be cost-effective for certain utility adjustments to be performed by a utility owner with its own internal forces and equipment, provided the utility owner is qualified to perform the work in a satisfactory manner. This cost-effectiveness finding covers minor work on the utility owner’s existing utility facilities routinely performed by the utility owner with its own forces.&lt;br /&gt;
&lt;br /&gt;
===643.2.16.2 Construction Contract Requirements===&lt;br /&gt;
When the utility owner is not adequately staffed and equipped to perform such work with its own forces and equipment at a time convenient to coordination with the associated highway construction, such work may be done one of four ways for utility adjustments:&lt;br /&gt;
# MoDOT can provide the construction services, via awarded contract to the lowest qualified bidder based on appropriate solicitation. This can be done by including the adjustment work in the roadway improvement project ([[#643.2.14_Payment_to_Utility_Companies_for_Reimbursable_Work|EPG 643.2.12.4 Utility Agreement for Utility Work Included in Roadway Improvement Project]]) or by having a utility only project ([[#643.2.12.5_Agreement_for_a_Utility_Only_Project|EPG 643.2.12.5 Utility Only Project]]).&lt;br /&gt;
# The utility owner can award a construction contract to the lowest qualified bidder based on appropriate solicitation.&lt;br /&gt;
# The utility owner can utilize an existing continuing contract, provided the costs are reasonable (see [[#643.2.9.1_Independent_Cost_Estimate|EPG 643.2.9.1 Independent Cost Estimate]]).&lt;br /&gt;
# The utility owner can contract for low-cost incidental work, such as tree trimming and the like, without competitive bidding, provided the costs are reasonable (see [[#643.2.9.1_Independent_Cost_Estimate|EPG 643.2.9.1 Independent Cost Estimate]]).&lt;br /&gt;
&lt;br /&gt;
When a utility owner chooses option 2 to award its own new construction contract, the utility owner must provide the following documents and information to the district utilities staff. These documents need to be provided as soon as the utility owner has chosen to pursue a construction contract. Document 1 must be supplied by all utility owners. Documents 2 and 3 are only required when the utility owner is a local government agency who is also a political subdivision of the state of Missouri (e.g., city-owned utilities, county-owned utilities). All other utility owners are encouraged, but not required, to provide Documents 2 and 3.&lt;br /&gt;
# A statement that the utility owner is not staffed or able to perform the required construction activities with its own forces.&lt;br /&gt;
# A copy of the request for proposal used to secure bids.&lt;br /&gt;
# A list of a minimum of 3 bidders whom they believe can do the work. &#039;&#039;&#039;Political subdivisions are required to advertise for the work&#039;&#039;&#039;.&lt;br /&gt;
# Upon review of these documents, the district utilities staff will advise the utility owner to proceed with the solicitation of bids, but the utility owner will not be permitted to award the contract without the concurrence of district utilities staff. For lump sum agreements, approval of contract work and subcontract work is not required.&lt;br /&gt;
&lt;br /&gt;
The following documents need to be provided as soon as the utility owner has determined the lowest qualified contractor and would like to award the project. Document 1 must be supplied by all utility owners. Document 2 is only required when the utility owner is a local government agency who is also a political subdivision of the state of Missouri (e.g., city-owned utilities, county-owned utilities). All other utility owners are encouraged, but not required, to provide Document 2.&lt;br /&gt;
# The name address of the lowest qualified contractor.&lt;br /&gt;
# The tabulation of bids received and other information to support their recommendation for award to the lowest qualified bidder.&lt;br /&gt;
&lt;br /&gt;
The district utilities staff will review and approve the utility owner&#039;s bid information prior to the award of the contract. The Design Liaison Engineer is available to assist the district with review of bid information if necessary. Once the district utilities staff provides concurrence, the utility owner may proceed with awarding the contract. When the utility owner is a local government agency who is also a political subdivision of the state of Missouri (e.g., city-owned utilities, county-owned utilities), a copy of the executed contract must be shared with the district utilities staff. All other utility owners are encouraged, but not required, to provide a copy of the executed contract.&lt;br /&gt;
&lt;br /&gt;
A [https://epg.modot.org/forms/general_forms/DE/UtilityConsultantContractChecklist.docx checklist is available for reviewing contracts] to ensure the contract conforms to MoDOT policy and complies with applicable federal regulations.&lt;br /&gt;
&lt;br /&gt;
When a utility owner chooses to utilize an existing continuing contract, the utility owner will submit a copy of the contract to the district utilities staff. The district utilities staff will review the contract for reasonableness of cost. If district utilities staff and the utility owner’s representative cannot agree on the reasonableness of cost, then the utility owner will be required to award a new construction contract.&lt;br /&gt;
&lt;br /&gt;
===643.2.16.3 Inspection===&lt;br /&gt;
The degree of inspection needed for utility adjustments will vary considerably with the nature and location of the work and whether the Commission is responsible for any portion of the cost of reimbursement. Judgment must be used regarding the manner and regularity of inspection duties. Some phases of the work require a very close check to ensure that the highway will not be adversely affected and to ensure satisfactory performance of work in accordance with the agreement and plans. The degree of inspection may vary from spot checking of overhead installations to continuous close observation of backfilling trenches beneath proposed pavement, embankment area, or adjacent to bridge abutments. Proper inspection can ensure that the utility adjustment is completed as efficiently as possible to minimize future impacts to the utility facility and the highway construction project. A [https://epg.modot.org/forms/general_files/DE/UtilityFieldInspectionChecklist.docx Field Inspection Checklist] to assist district utilities staff responsible for inspection is available.&lt;br /&gt;
&lt;br /&gt;
If it is found that any actual cost reimbursable utility adjustment is being performed by unapproved contractors, district utilities staff should direct the work to stop. The utility owner’s representative should be informed immediately and should be advised in writing that the costs incurred by an unapproved contractor are not eligible for reimbursement under provisions of the agreement. The district utilities staff can take appropriate steps to approve a subcontract and advise when the utility owner can recommence work.&lt;br /&gt;
&lt;br /&gt;
===643.2.16.4 Documentation===&lt;br /&gt;
All documents related to the construction of the utility adjustment necessary to allow highway construction should be stored in MoProjects.&lt;br /&gt;
&lt;br /&gt;
Construction records must be kept to confirm that work is done in accordance with the terms of the agreement and in the manner proposed in the plans. The importance of a complete and accurate record cannot be overemphasized. Detailed records are necessary to support the recommendation for payment of the final invoice. A complete, separate daily record must be kept on each actual cost adjustment and submitted for review when the final invoice is recommended for payment. This district utilities staff responsible for inspection should complete the Daily Utility Report (C-9).&lt;br /&gt;
&lt;br /&gt;
====643.2.16.4.1 Utility Reports====&lt;br /&gt;
The Daily Utility Report ([https://epg.modot.org/forms/general_files/DE/C-9.docx Form C-9]) and the Final Utility Report ([https://epg.modot.org/forms/general_files/DE/C-13.docx Form C-13]) are used for documenting utility adjustments necessary to allow highway construction. The use of C-9s and C-13s will vary with method of reimbursement. For utility adjustments necessary to allow highway construction that overlap with the highway contractor’s work, progress records should be kept as necessary to coordinate the highway and utility construction activities. Sufficient records must be maintained to check and verify the items of labor, equipment, materials, and salvaged items as submitted on the final invoice.&lt;br /&gt;
&lt;br /&gt;
=====643.2.16.4.1.1 Daily Utility Report (C-9)=====&lt;br /&gt;
C-9s are only required for actual cost agreements. The district utilities staff responsible for inspection must in all cases keep records to document inclement weather, down time, and verbal authorization for minor changes. The district utilities staff responsible for inspection must complete a C-9 documenting the number and classification of employees and number of hours worked. Records of material used and of retired materials returned to stock or scrapped must be kept. The utility owner’s major items of equipment must also be recorded. When work is done by the contract method based on unit prices, the district utilities staff responsible for inspection should ascertain that units of work as provided in the bid proposal are measured and recorded to form a basis for checking the final invoice. C-9s should list the location and the number of units of work accomplished for that period. If contract labor or equipment is used by a utility owner on the basis of a bid per hour, per day, etc., it will be necessary to keep records on this labor or equipment time in the same manner as if the utility owner were performing the work with its own internal forces. District utilities staff responsible for inspection should also note all contractors working for the utility owner and the contractor approval authorization dates given in the agreement.&lt;br /&gt;
&lt;br /&gt;
=====643.2.16.4.1.2 Final Utility Report (C-13)=====&lt;br /&gt;
C-13s summarize that the utility adjustment work that was done in accordance with the agreement and plans, the percentage of total cost that is the responsibility of the Commission, and any progress payments that have been made. A C-13 is required for both actual cost and lump sum agreements. The requested numbers shown on line 9 (Commission Estimated Cost) and line 10 (Amount of Final Bill) in the report are the Commission’s total responsibility.&lt;br /&gt;
&lt;br /&gt;
====643.2.16.4.2 Breakdown and Emergency====&lt;br /&gt;
When breakdown and emergency situations occur, prior approval by MoDOT is not required for contract or equipment rental work unless the cost or period of time will be extensive. The utility owner should furnish a letter as soon as possible to explain the situation and set out the estimated costs involved. The district utilities staff’s records should substantiate the need and the changes for personnel and equipment.&lt;br /&gt;
&lt;br /&gt;
====643.2.16.4.3 Stop Work====&lt;br /&gt;
If at any point, a stop work order is given by MoDOT to a utility owner, written documentation of the stop work order should be saved in MoProjects.&lt;br /&gt;
&lt;br /&gt;
===643.2.16.5 Change Orders===&lt;br /&gt;
Any change in the plan of adjustment should be documented in writing to the utility owner as a change order. If the change order is anticipated to exceed $100,000 or 15% of the original agreement amount, district utilities staff should negotiate a supplemental agreement with the utility owner’s representative. Once a supplemental agreement is in place, district utilities staff should contact Financial Services to obtain an adjustment of the obligation mid-project. Change orders without supplemental agreements will be settled once the project is complete.&lt;br /&gt;
&lt;br /&gt;
====643.2.16.5.1 Actual Cost Agreement====&lt;br /&gt;
Slight modifications in quantities or the addition of minor items not included with the original agreement do not require a supplemental agreement. However, such changes should be documented in writing with the utility owner. A supplemental agreement is needed if costs exceed the above threshold or if there is a change in the percentage of cost that is the Commission’s responsibility on an agreement with shared responsibility for costs. Intermediate partial payments cannot be made on items in a supplemental agreement until the supplemental agreement is approved.&lt;br /&gt;
&lt;br /&gt;
====643.2.16.5.2 Lump Sum Agreement====&lt;br /&gt;
A supplemental agreement to a Lump Sum Agreement is only required for significant changes in the scope of work of the utility adjustment necessary to allow highway construction. Normal overruns are not considered as changes in approved work and will not be reimbursed. Significant changes in the scope of work on utility adjustments necessary to allow highway construction cannot be done until the supplemental agreement is approved, and the adjustment in obligation of funds is complete.&lt;br /&gt;
&lt;br /&gt;
==643.2.17 Utilities during Highway Construction==&lt;br /&gt;
The contractor is responsible for having utilities located by contacting Missouri One-Call (811) prior to any excavation on the project. A reminder of this responsibility should be made at the preconstruction meeting.&lt;br /&gt;
&lt;br /&gt;
===643.2.17.1 Preconstruction Meeting (Pre-Con)===&lt;br /&gt;
District utilities staff should be invited to all pre-cons.&lt;br /&gt;
&lt;br /&gt;
Pre-cons fall into three categories relating to utilities:&lt;br /&gt;
# No utility adjustments are anticipated within the project limits,&lt;br /&gt;
# All utility adjustments completed prior to the pre-con, and&lt;br /&gt;
# All utility adjustments not completed prior to the pre-con.&lt;br /&gt;
&lt;br /&gt;
====643.2.17.1.1 No Utility Adjustments Anticipated within the Project Limits====&lt;br /&gt;
For projects without a Utility Job Special Provision (JSP), no involvement of the utility owners is required at the pre-con. For projects with a Utility JSP, the Resident Engineer (RE) should invite all utility owner representatives listed in the JSP with known required adjustment to the pre-con. The RE should review potential impacts of the highway construction project with the contractor and the utility owner.&lt;br /&gt;
&lt;br /&gt;
====643.2.17.1.2 All Utility Adjustments Completed Prior to the Pre-Con====&lt;br /&gt;
The RE should invite all utility owner representatives listed in the JSP with known required adjustment to the pre-con. The RE should review potential impacts of the highway construction project with the contractor and the utility owner. A general discussion should highlight the previous adjustments made by the utility owner and what abandoned utility facilities the contractor may encounter.&lt;br /&gt;
&lt;br /&gt;
====643.2.17.1.3 All Utility Adjustments Not Completed Prior to the Pre-Con====&lt;br /&gt;
It is important for the RE and inspector to understand the utility owner’s work schedule and how it relates to the contractor’s work schedule. During the pre-con, the schedule of the utility owner and highway construction contractor should be discussed, and conflicts should be addressed to allow utility adjustments and highway construction to progress as near to the proposed schedule as possible. On large-scale projects that have many utility issues to address that could impact the work of the highway construction contractor, it may be necessary to have a separate pre-con with utility owner representatives.&lt;br /&gt;
&lt;br /&gt;
===643.2.17.2 Coordination Meetings===&lt;br /&gt;
When the utility work will not be completed soon after the preconstruction meeting, the RE should meet with district utilities staff, the highway construction contractor, and the utility owner representatives on a regular basis to discuss utility coordination issues, so expectations from all parties are known and conveyed clearly. The utility owner may need some work performed by MoDOT or the highway construction contractor prior to completing their adjustments. (Examples include: survey staking of right of way or proposed facilities, trees cleared, grading performed, or new structures built).&lt;br /&gt;
&lt;br /&gt;
==643.2.18 Service Drops==&lt;br /&gt;
Power and communication services provided by utility owners are necessary for the operation of the highway system. These services may include power to traffic signals, lighting, or ITS devices; power for cathodic protection; or telecommunication services to signal controllers or ITS devices. The project design teams should work with district utilities staff to identify proper locations for the applicable utility owners to provide these services. Various utility owners have different requirements for this process. The district utilities staff is encouraged to develop a workable relationship with the utility owners who provide these services to MoDOT. The costs of installing the services charged by the utility owner are considered a non-contractual item and should be accounted for in the project’s budget in the STIP. The proposed location and method for the service drops should be shown on the roadway plans. District utilities staff should meet with the utility owner’s representative to ensure the proposed location can be accommodated by the utility owner. For electrical service connections, the power supply assembly is ideally located a maximum of ten feet (10’) from the source location. Plans submitted for PS&amp;amp;E should reflect the agreed upon location for all service connections. During construction, district utilities staff and district construction staff should work together to ensure the placement of the services is consistent with the project plans. Payment for the service drops should be invoiced by the utility owner to the district. District utilities staff is responsible for submission of the invoice directly to Financial Services for payment noting the non-contractual charges for the project.&lt;br /&gt;
&lt;br /&gt;
==643.2.19 Buy America Build America for Utilities==&lt;br /&gt;
FHWA’s Buy America Build America (BABA) policies require a domestic manufacturing process for all steel or iron products, other construction materials, and manufactured products that are permanently incorporated into Federal-Aid Highway construction projects, including products and materials used for adjustments to utility facilities to allow highway construction. These guidelines are for all federally reimbursable transportation projects where FHWA is the lead federal agency; it does not take precedence over projects where Federal Transit Administration or the Federal Railroad Administration is deemed the be the lead federal agency.&lt;br /&gt;
&lt;br /&gt;
===643.2.19.1 Program Requirements for Utilities===&lt;br /&gt;
All MoDOT projects are federal-aid projects, and therefore, all reimbursable utility adjustments are required to follow the provisions of BABA. More information on MoDOT’s BABA policy and procedures can be found in [[106.9_Buy_America_Requirement|EPG 106.9 Buy America Requirement]]. Specifically, utility owners should be aware of the following procedures for determining applicability of the EPG 106.9 requirements to reimbursable utility adjustments necessary to allow highway construction:&lt;br /&gt;
* BABA does not apply when materials are relocated from one location to another within the project limits.&lt;br /&gt;
* BABA does not apply for materials necessary for temporary utility adjustments assuming materials are removed from the right of way upon completion of the utility adjustment to allow highway construction.&lt;br /&gt;
* Non-reimbursable work must be kept separate from reimbursable work (agreements, permits, etc.) in order to not be subject to BABA.&lt;br /&gt;
&lt;br /&gt;
===643.2.19.2 Certification Requirements for Utilities===&lt;br /&gt;
Utility owners have the option of choosing either to self-certify BABA compliance or provide vendor/manufacturer certification to MoDOT. The method of certification is chosen by the utility owner and is documented in either the MRUA or the project specific agreement. Regardless of agreement type or certification method, the utility owner must be compliant with BABA requirements.&lt;br /&gt;
&lt;br /&gt;
====643.2.19.2.1 BABA Utility Owner Self-Certification====&lt;br /&gt;
If a utility owner chooses to self-certify BABA compliance, the utility owner is not required to provide MoDOT copies of the supplier certification as part of the project documentation or with the final invoice for any reimbursable utility adjustment necessary to allow highway construction. Retention of all documents should be as described in the agreement.&lt;br /&gt;
&lt;br /&gt;
====643.2.19.2.2 BABA Vendor/Manufacturer Certification====&lt;br /&gt;
If a utility owner chooses to use vendor/manufacturer certification, the utility owner will supply MoDOT BABA compliance from all vendors and/or manufacturers. Certification from vendors will be signed by an authorized representative of the vendor on company letterhead or other acceptable documentation and will declare that all supplied materials subject to BABA requirements are fully compliant. Certification from iron or steel manufacturers must be in the form of a mill test report (MTF) issued and signed by the initial fabricator stating the materials subject to BABA were melted and manufactured in the United States. Other written statements on company letter or other acceptable documentation signed by an authorized representative of the manufacturer for any additional treatment to the fabricated material (such as blasting, galvanizing, painting, or coating) will state that all treatment processes occurred in the United States according to FWA guidelines. Retention of all documents should be as described in the agreement. Manufacturer certification for manufactured products or construction materials will state that all materials were sourced from the United States and were fabricated in the United States. Retention of all documents should be as described in the agreement.&lt;br /&gt;
&lt;br /&gt;
&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643.3 Reserved for Future Use &#039;&#039;PAGE TITLE&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;&lt;br /&gt;
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&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643.4 Railroads (NO CHANGE) &#039;&#039;PAGE TITLE&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;&lt;br /&gt;
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==236.5.12 Excess Land Conveyances &amp;amp; Relinquishments - Utilities==&lt;br /&gt;
All conveyances and relinquishments of Commission-owned property shall be evaluated for the existence of any utility facilities located within the areas to be conveyed or relinquished. A conveyance or relinquishment of Commission-owned property may have implications to the utility facilities, and the utility owners, when the Commission no longer controls the property. It is important to maintain the continuity of utility facilities for the general public; therefore, to identify and minimize potential impacts, MoDOT shall involve utility owners in the conveyance and relinquishment processes.&lt;br /&gt;
&lt;br /&gt;
===236.5.12.1 Excess Land Conveyances Utilities===&lt;br /&gt;
MoDOT shall only recommend that a property be declared excess upon satisfactorily addressing the utility impacts. Whether MoDOT or an external party initiates the conveyance of excess property, utility impacts shall be adequately addressed by using one of the following methods: &lt;br /&gt;
:1. Each utility facility will be relocated by permit into a new utility corridor retained by the Commission.&lt;br /&gt;
:2. Each utility facility will remain in place with the benefit of a non-exclusive permanent utility easement.&lt;br /&gt;
::&#039;&#039;If the Commission holds fee simple title to the property, the Commission shall convey a non-exclusive permanent utility easement to each utility owner&#039;&#039;.&lt;br /&gt;
::&#039;&#039;If the Commission holds a less than fee simple title interest in the property, MoDOT shall facilitate the conveyance of a non-exclusive permanent utility easement from the party acquiring the property to each utility owner&#039;&#039;.&lt;br /&gt;
:3. Each utility facility will be relocated to another portion of the property being conveyed.&lt;br /&gt;
::&#039;&#039;If the Commission holds fee simple title to the property, the Commission shall convey a non-exclusive permanent utility easement to each utility owner&#039;&#039;. &lt;br /&gt;
::&#039;&#039;If the Commission holds a less than fee simple title interest in the property, MoDOT shall facilitate the conveyance of a non-exclusive permanent utility easement from the party acquiring the property to each utility owner&#039;&#039;.&lt;br /&gt;
:4. Each utility facility will be relocated onto a portion of the property already owned by the party acquiring the Commission-owned property, with the benefit of a non-exclusive permanent easement. (MoDOT shall facilitate the conveyance of a non-exclusive permanent utility easement from the party acquiring the property to each utility owner.)&lt;br /&gt;
:5. A three-party negotiated settlement taking into consideration the overall value of the proposed transaction.&lt;br /&gt;
:6. Additional options to address utility impacts may be utilized with approval from the Asst. to the State Design Engineer - Right of Way.&lt;br /&gt;
&lt;br /&gt;
===236.5.12.2 Road Relinquishment Utilities===&lt;br /&gt;
MoDOT shall only recommend the relinquishment of roadways through the [[236.14 Change in Route Status Report|Change in Route Status Report]] upon satisfactorily addressing the impacts to utility facilities. If the roadway will be relinquished to a local public transportation authority, with the intent that it continues to be used as a public roadway, a clause similar to the following shall be included in the deed from the Commission to the local public transportation authority:&lt;br /&gt;
:&#039;&#039;&amp;quot;Grantee, by acceptance of this conveyance, covenants and agrees for itself, its successors and assigns, to allow known or unknown utility facilities currently located on the property, whether of record or not, to remain on the property, and to grant the current and subsequent owners of those facilities the right to maintain, construct and reconstruct the facilities and their appurtenances over, under, and across the land herein conveyed, along with the right of ingress and egress across the land herein conveyed to and from those utilities.&amp;quot;&#039;&#039; &lt;br /&gt;
&lt;br /&gt;
Proposed roadway relinquishments to private entities shall be reviewed in a manner consistent with the conveyance of excess property described in [[236.5 Property Management#236.5.3 Asset Management Committee|EPG 236.5.3 Asset Management Committee]].&lt;/div&gt;</summary>
		<author><name>Hoskir</name></author>
	</entry>
	<entry>
		<id>https://epg.modot.org/index.php?title=User:Hoskir/Revision_Request_4225&amp;diff=58898</id>
		<title>User:Hoskir/Revision Request 4225</title>
		<link rel="alternate" type="text/html" href="https://epg.modot.org/index.php?title=User:Hoskir/Revision_Request_4225&amp;diff=58898"/>
		<updated>2026-06-26T12:49:01Z</updated>

		<summary type="html">&lt;p&gt;Hoskir: /* 643.1.3.1.1.3 Parallel Installations along the Interstate or Other Major Freeways/Expressways */&lt;/p&gt;
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&lt;div&gt;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643 Utility Procedures  &#039;&#039;CATEGORY&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt; &lt;br /&gt;
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| &#039;&#039;&#039;&amp;lt;center&amp;gt;&amp;lt;u&amp;gt;Additional Resources&amp;lt;/u&amp;gt;&amp;lt;/center&amp;gt;&#039;&#039;&#039;&lt;br /&gt;
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| ● [https://www.ecfr.gov/current/title-23/chapter-I/subchapter-G/part-64523 CFR 645]&lt;br /&gt;
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| ● [https://www.sos.mo.gov/cmsimages/adrules/csr/current/7csr/7c10-3.pdf7 CSR 10-30]&lt;br /&gt;
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&#039;&#039;&#039;Utility Accommodation Policy:&#039;&#039;&#039; State DOTs are required to develop policies and procedures pertaining to the use, accommodation, and/or relocation of public and private utility facilities on highway rights-of way using Federal-aid highway funds. State DOTs are required to develop, maintain, and obtain FHWA approval of their Utility Accommodation Policy (UAP) (23 CFR section 645.215). This EPG article 643 and subarticles 643.1 through 643.3 are Missouri Department of Transportation (MoDOT)’s Utility Accommodation Policy. Text in EPG 643 consolidates various federal and state statutes and rules into a single, cohesive, workable policy to outline processes for MoDOT staff and utility owners.&lt;br /&gt;
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&#039;&#039;&#039;Delegation of Work:&#039;&#039;&#039; Each MoDOT district is responsible for ensuring implementation of the UAP outlined in the subsequent EPG articles. Each district can create its own organization for whom is responsible for the work including between divisions and job titles. Work responsibilities within this article and subarticles are generic where possible. If a specific title is included, that title has sole responsibility for that item of work.&lt;br /&gt;
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[[media:144 Major Highway System 2022.pdf|major routes]]&lt;br /&gt;
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&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643.1 Utility Location  &#039;&#039;PAGE TITLE&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt; &lt;br /&gt;
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The information in this article provides a uniform system for regulating the location, construction, maintenance, removal, and relocation of utility facilities on the right of way of roadways located on the state highway system. It also provides for the facilitation of construction and maintenance of these roadways. Any location or relocation of utility facilities contrary to this information is an interference with the construction, maintenance, or operation of a state highway and its right of way and is prohibited.&lt;br /&gt;
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==643.1.1 Permits==&lt;br /&gt;
All utility owners are required to obtain a permit to work on Missouri Highway and Transportation Commission (Commission) right of way. A permit is required for original installation of the utility facility, on-going maintenance of the utility facility, or adjustments to a utility facility necessary to allow highway construction. Per [[127.29_Stormwater#127.29.4.3_MCM_3:_Illicit_Discharge_Detection_and_Elimination_(IDDE)_Program|EPG 127.29.4.3]], discharges of anything other than stormwater are not permitted. A deposit or bond is required to ensure completion of the work in accordance with the permit issued. An [https://www.modot.org/permits application for a permit] may be made on established forms specifically stating the nature of the work to be performed. Applications for permits may be obtained at any of the [https://www.modot.mo.gov/ seven (7) district highway offices] of the Commission, [https://www.modot.mo.gov/ MoDOT&#039;s website], or by requesting it from the office of the Missouri Highways and Transportation Commission in Jefferson City, Missouri. The application for a permit will specifically state the nature of the work to be performed, what specific type of utility facility is to be installed, and, if necessary, the timeframe of any temporary use. Piping of any type of sewage or waste will only be allowed providing any permitting by a regulatory agency, such as Missouri Department of Natural Resources, can be provided. Prior to obtaining a permit through MoDOT’s permit system, a utility owner will be required to provide a bond to ensure satisfactory work and complete a TR50 Electronic Signature Agreement with the Commission. The name of the utility owner must match on the bond, TR50, and in the permit system. More information on permitting can be found in [[:Category:941_Permits_and_Access_Requests|EPG 941]].&lt;br /&gt;
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===643.1.1.1 Emergency Work===&lt;br /&gt;
When emergency operations work is necessary, the damaged utility facility may be accessed immediately and without a permit by leaving the pavement at such points as may be necessary to effect emergency repairs, provided immediate notice is given to the Missouri State Highway Patrol and the district utilities staff for the district wherein the work will be performed, and a permit for emergency operations is requested immediately upon discovery of the need for emergency operations. A permit for emergency operations work is to be obtained as soon as practical, but in no event later than two (2) working days after the emergency operations work has commenced. Emergency operations include, but are not limited to, unplanned work in response to utility facilities being so damaged as to constitute an emergency situation directly affecting or endangering traffic on the highway or public health or safety.&lt;br /&gt;
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===643.1.1.2 Third-Party Inspection===&lt;br /&gt;
When a utility owner has a large number of projects in a given area or projects involving great complexity, MoDOT reserves the right to limit the number of permits open at any given time. With approval of the district utilities staff, a utility owner may hire a third-party inspector, at their cost. The third-party inspector will allow the utility owner to increase the number of permits open at any given time. The responsibility of the third-party inspector will be to ensure the installation of the utility facility proceeds in a manner consistent with the plans approved in the permit, including all work zone requirements and conformity with MoDOT’s Standards and Specifications. The MoDOT approved third-party inspector will be listed in the permit. MoDOT may audit third-party inspections and revoke the right to use third-party inspections should the inspectors fail to perform their duties.&lt;br /&gt;
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===643.1.1.3 Abandoned Utility Facilities===&lt;br /&gt;
All utility facilities installed in Commission right of way are the property of the utility owner whether the utility facility is active or inactive. MoDOT may allow a utility facility to remain on Commission right of way whether the utility facility was abandoned for a MoDOT project or at the utility owner’s discretion. MoDOT may place requirements (such as removing inactive fiber optic cables, grouting pipes, removing valves) on the utility owner as part of the process of abandoning a utility facility. Liability for damage to Commission right of way due to an abandoned facility remains the responsibility of the utility owner. In the event MoDOT requires the removal of the abandoned utility facility, responsibility for the cost of the removal will be determined per [[#643.2.8_Cost_Responsibility|EPG 643.2.8]].&lt;br /&gt;
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==643.1.2 Definitions==&lt;br /&gt;
&#039;&#039;&#039;Bridge Attachment:&#039;&#039;&#039; A bridge attachment is any utility facility, including communication lines and electrical lines, or any other utility facility of a similar nature that is fastened to a bridge for the purpose of spanning an obstacle.&lt;br /&gt;
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&#039;&#039;&#039;Clear zone:&#039;&#039;&#039; The total roadside border area starting at the edge of the traveled way, available for safe use by errant vehicles. This area may consist of a shoulder, a recoverable slope, a non-recoverable slope, and/or the area at the toe of a non-recoverable slope available for safe use by an errant vehicle. Clear zone dimensions are provided in the current edition of American Association of State Highway Transportation Officials Roadside Design Guide.&lt;br /&gt;
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&#039;&#039;&#039;Ditch Line:&#039;&#039;&#039; A line where the roadway ditch meets the back slope. It is located at the lowest point of a V-bottom ditch or furthest point from the roadway of a flat bottom ditch where the roadway slopes back to the existing ground line.&lt;br /&gt;
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&#039;&#039;&#039;Duct:&#039;&#039;&#039; An enclosed tubular casing, or raceway, for protecting wires, lines, or cables that is often flexible or semi-rigid (1-3% diametric deflection). The casing, or raceway, is separate from the cable or conductor that passes through it.&lt;br /&gt;
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&#039;&#039;&#039;Encasement:&#039;&#039;&#039; The term encasement means the placing of an installation around and outside of an underground facility consisting of a larger conduit that permits the removal and replacement of the facility. An alternate to the conduit type encasement is reinforced concrete poured around the utility facility. Utility owners are allowed to use any types of material as a carrier and encasement for its facilities as expressly provided for in the permit issued for the installation of the utility facility.&lt;br /&gt;
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&#039;&#039;&#039;Freeway:&#039;&#039;&#039; A divided arterial highway with full control of access.&lt;br /&gt;
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&#039;&#039;&#039;Highway:&#039;&#039;&#039; Any public way for vehicular travel, including the entire area within the right of way and related facilities constructed or improved and maintained by the Missouri Highways and Transportation Commission (MHTC) acting through the Missouri Department of Transportation (MoDOT).&lt;br /&gt;
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&#039;&#039;&#039;Interchange Limits:&#039;&#039;&#039; For the uniform handling of utility installations only, the limits of an interchange are the outside ramp curve points. See [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_1_TypicalInterchangeLimits_AOD.pdf EPG Figure 643.1.1] for an example.&lt;br /&gt;
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&#039;&#039;&#039;Interstate System or Other Freeways/Expressways:&#039;&#039;&#039; Interstate highways and highways with fully controlled access.&lt;br /&gt;
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&#039;&#039;&#039;Major Routes (Interstates, Freeways/Expressways and Principal Arterials):&#039;&#039;&#039; The major highway system is all routes functionally classified as principal arterials. The principal arterial system provides for statewide or interstate movement of traffic. The major roads in Missouri total approximately 5,500 centerline miles.&lt;br /&gt;
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&#039;&#039;&#039;Minor Routes:&#039;&#039;&#039; The minor highway system is all routes functionally classified as minor arterials or collectors. These routes mainly serve local transportation needs. The minor roads in Missouri total approximately 28,400 centerline miles.&lt;br /&gt;
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&#039;&#039;&#039;Normal Right of Way Line:&#039;&#039;&#039; An imaginary line that connects sudden breaks in the major right of way points for roadways. Sight distance right of way points (triangles) at roadway intersections are not to be considered as sudden breaks for determining normal right of way.&lt;br /&gt;
[[File:fig_643.1.2-06_2026.jpg|none|700px|thumb|Figure 643.1.2 Normal Right of Way Line.]]&lt;br /&gt;
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&#039;&#039;&#039;Private Lines:&#039;&#039;&#039; Privately owned utility facilities which convey or transmit the commodities outlined in the definition of utility facility of this section but devoted exclusively to private use.&lt;br /&gt;
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&#039;&#039;&#039;Scenic Enhancement Areas:&#039;&#039;&#039; Scenic enhancement areas include areas acquired or so designated as scenic strips, overlooks, rest areas, recreation areas, and the right of way of adjacent roadways and the right of way of roadways that pass through public parks and historic sites as described under 23 USC 138.&lt;br /&gt;
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&#039;&#039;&#039;Utility Corridor:&#039;&#039;&#039; An area established for the placement of utility facilities parallel to the normal right of way line.&lt;br /&gt;
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&#039;&#039;&#039;Utility Facility:&#039;&#039;&#039; Privately, publicly, or cooperatively owned line, facility, or system for producing, transmitting, or distributing communications, cable television, power, electricity, light, heat, gas, oil, crude products, water, steam, waste, storm water not connected with highway drainage or any other similar commodity, including any fire or police signal system or street lighting system which directly or indirectly serves the public and does not include privately owned facilities devoted exclusively to private use. The term &amp;quot;utility facility&amp;quot; includes those facilities used solely by the utility owner that are a part of its operating plant.&lt;br /&gt;
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&#039;&#039;&#039;Utility Owner:&#039;&#039;&#039; The utility owner is the utility company, inclusive of any wholly owned or controlled subsidiary, or city or county which owns utility facilities. The term also includes those government agencies that lease a utility facility for its own use or otherwise dedicated solely to governmental use.&lt;br /&gt;
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&#039;&#039;&#039;Variance:&#039;&#039;&#039; A one- (1-) time deviation from the requirements for location or relocation of utility facilities on the right of way of highways in the state highway system as established in [https://www.sos.mo.gov/cmsimages/adrules/csr/current/7csr/7c10-3.pdf Title 7 Code of State Regulations 10-3], requested by the utility, and approved by a MoDOT District Design Engineer.&lt;br /&gt;
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==643.1.3 Location of Utility Facilities==&lt;br /&gt;
Utility facilities paralleling the roadway should be installed in the utility corridor except as outlined below. The utility corridor is the space for all utility owners generally within six feet (6’) of the normal right of way line. When considering if the current utility corridor is available to expand from six feet (6’) to as much as twelve feet (12’), MoDOT determines if the expansion is warranted. In making the determination, MoDOT will consider the existing utilization of the original six feet (6’) corridor. Poles must remain within two feet (2’) of the normal right of way line unless approved by a variance. The utility corridor will only be expanded beyond six feet (6’) if the original six feet (6’) corridor is fully utilized and additional space would be required to accommodate additional utility facilities. Acquisition of additional right of way to establish a twelve feet (12’) corridor is not required on highway construction projects. For depths for underground utility facilities, see [[#643.1.4.1_Minimum_Cover_for_Underground_Facilities|EPG 643.1.4.1]].&lt;br /&gt;
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Utility facilities crossing the roadway should be installed as close to ninety degrees (90°) to the centerline of the roadway as possible and based on the guidelines below depending on the type of roadway. See [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_3_TypicalUtilityCorridor-InterchangeatMajorRoute_AOD.pdf EPG Figure 643.1.3] and [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_4_TypicalUtilityCorridor-InterchangeatMinorRoute_AOD.pdf EPG Figure 643.1.4] for typical utility corridors around interchanges.&lt;br /&gt;
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===643.1.3.1 Interstate System or Other Major Freeways/Expressways===&lt;br /&gt;
The installation of all utility facilities on highways of the Interstate System or other major freeways/expressways with fully controlled access are to be installed, serviced, and maintained without entering or leaving the roadway and ramps except at points approved by MoDOT for that purpose and without parking any equipment or storing materials upon the medians, roadway and ramps, or shoulders of the roadways. Cutting or damaging the pavement or paved shoulders is not permitted. New service connections to existing parallel utility facilities are to be permitted only where an outer roadway exists and then only where access is permitted by the Commission. Careful consideration will be given to the location of guys, anchors, braces, and other supports. Generally, good design practice will provide that appurtenances be located at right of way jogs, along intersecting road right of way, or at other similar acceptable locations, so that encroachment is held to an absolute minimum.&lt;br /&gt;
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No utility facilities will be permitted within the interchange limits of an interchange between fully limited access highways where planned or existing. Utility facilities within the interchange limits of an interchange with a non-access controlled highway will be permitted only along the minor road, provided that all construction, service, and maintenance can be performed from the minor road. Manholes and poles must be located beyond the ramp termini.&lt;br /&gt;
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For structures carrying or over interstates or other major freeways/expressways, see [[#643.1.5_Bridge_Attachment_Policy|EPG 643.1.5]].&lt;br /&gt;
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====643.1.3.1.1 Utility Facilities Crossing the Interstate or Other Major Freeways/Expressways====&lt;br /&gt;
=====643.1.3.1.1.1 Overhead Crossings of the Interstate or Other Major Freeways/Expressways=====&lt;br /&gt;
Overhead crossings of utility facilities are permitted only for power transmission and distribution lines and for multiple circuit communication lines where an underground installation is not economically feasible. Supports for existing utility facilities crossing overhead may remain on the right of way provided they are near the right of way line regardless of the presence of an outer road. Supports for new overhead utility facilities crossing overhead may be located on the right of way near the right of way line where an outer roadway exists and are to be located off the right of way where no outer roadway exists. Overhead service crossings are only permitted in isolated cases for residential or commercial establishments when the denial of the crossing would require construction of more than 1,200 feet (1,200’) of utility line to provide the service. Main or distribution line crossings are required to serve a general area other than isolated cases.&lt;br /&gt;
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=====643.1.3.1.1.2 Underground Crossings of the Interstate or Other Major Freeways/Expressways=====&lt;br /&gt;
Underground crossings of utility facilities are to be continuously encased under the pavement, medians, ramps, and shoulders with the casing extending to the toe of the fill slopes or to the ditch line. In curbed sections, encasement should extend outside the outer curb of the roadways a distance equal to the depth of the encasement at the curb line. Where installed by open trench through unpaved areas, detector tape should be placed approximately one foot (1&#039;) above the encasement. Where an interstate or other major freeway has a parallel outer roadway, encasement should be continuous under all roadways within the right of way.&lt;br /&gt;
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Manholes or vent pipes are to be located at the right of way line or adjacent to the outer roadway.&lt;br /&gt;
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For fiber optic cable, encasement should extend from within six feet (6&#039;) of one right of way line to within six feet (6&#039;) of the other right of way line.&lt;br /&gt;
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Exceptions may be made for encasement as listed in [[#643.1.4.2_Exceptions_to_Encasement|EPG 643.1.4.2]].&lt;br /&gt;
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====643.1.3.1.2 Parallel Installations along the Interstate or Other Major Freeways/Expressways====&lt;br /&gt;
New parallel installations on the right of way may be permitted only where an outer roadway exists, provided that poles are within two feet (2&#039;) of the normal right of way line and underground utility facilities are within the utility corridor, and provided that the utility facility can be installed and maintained between the outer roadway and the right of way line. Existing overhead or underground utility facilities that parallel an existing roadway which will be incorporated into a completed highway as an outer roadway may remain in place if all maintenance and service can be performed from an outer roadway and the existing location does not interfere with construction, maintenance, or operation of the completed highway. If an existing parallel utility facility needs to be relocated so as to not interfere with the construction, maintenance, or operation of the completed interstate or other major freeway, poles may be located withing five feet (5’) of the right of way line.&lt;br /&gt;
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Underground utility facilities are expected to be buried within the utility corridor of sight distance triangles (SDTs) at roadway intersections unless granted a variance. Overhead utility facilities may be allowed to span intersecting roadways with SDTs provided the poles, or supports, are located outside the SDT.&lt;br /&gt;
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=====643.1.3.1.1.4 Sanitary Sewers within the Right of Way of Interstates or Other Major Freeways/Expressways=====&lt;br /&gt;
New installations of sanitary sewers should follow the applicable guidelines for either underground crossings or parallel installations as appropriate. Existing gravity trunk sanitary sewers should be considered individually and removed or left in place contingent upon its age, condition, feasibility of moving, and maintenance access. Encasement of existing trunk sewers left in place may be required for questionable condition, protection during construction, or heavy fills.&lt;br /&gt;
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Manholes should be relocated to the right of way lines or adjacent to an outer roadway.&lt;br /&gt;
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===643.1.3.2 Major Routes===&lt;br /&gt;
For structures carrying or over major routes, see [[#643.1.5_Bridge_Attachment_Policy|EPG 643.1.5]].&lt;br /&gt;
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====643.1.3.2.1 Major Routes with Partially Controlled Access Right of Way====&lt;br /&gt;
The installation of all utility facilities on highways with partially controlled access right of way are to be installed, serviced, and maintained without entering or leaving the roadway and ramps except at points approved by MoDOT for that purpose and without parking any equipment or storing materials upon the medians, roadway and ramps, or shoulders of the roadways. Cutting or damaging the pavement or paved shoulders is not permitted. Equipment or materials stored within the right of way must be protected by longitudinal barrier or be located outside the clear zone. New service connections to existing parallel utility facilities are to be permitted only where granted by the Commission.&lt;br /&gt;
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No utility facilities will be permitted within the interchange limits of an interchange between fully limited access highways where planned or existing. Utility facilities within the interchange limits of an interchange with a non-access controlled highway will be permitted only along the minor road, provided that all construction, service, and maintenance can be performed from the minor road. Manholes and poles must be located beyond the ramp termini.&lt;br /&gt;
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====643.1.3.2.2 Major Routes with Normal Access Right of Way====&lt;br /&gt;
All new utility facilities will be installed and maintained without cutting or damaging the pavement or paved shoulders except in the event underlying rock formations or other obstructions are encountered that prevent boring or pushing operations. A variance may be granted for pavement cuts when the need is established. Pavement cuts may only be made by permits issued when it is impractical to otherwise service and maintain the facility. The installation of all utility facilities is to be installed without parking any equipment or storing materials upon the medians, roadway and ramps, or shoulders of the roadways. Equipment or materials stored within the right of way must be protected by longitudinal barrier or be located outside the clear zone.&lt;br /&gt;
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====643.1.3.2.3 Utility Facilities Crossing Major Routes====&lt;br /&gt;
=====643.1.3.2.3.1 Overhead Crossings of Major Routes=====&lt;br /&gt;
Supports for utility facilities crossing overhead should be located as near the right of way line as possible. For major routes with controlled access right of way, new overhead service crossings may be permitted in isolated cases for residential or commercial establishments where the denial of such crossings would require the construction of more than 1,200 feet (1,200’) of utility line to provide the same service. For major routes with normal access right of way, there is no restriction on the placement of service crossings.&lt;br /&gt;
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=====643.1.3.2.3.2 Underground Crossings of Major Routes=====&lt;br /&gt;
Underground crossings of utility facilities are to be continuously encased under the pavement, medians, ramps, and shoulders with the casing extending to the toe of the fill slopes or to the ditch line. In curbed sections, encasement should extend outside the outer curb of the roadways a distance equal to the depth of the encasement at the curb line. Where installed by open trench through unpaved areas, detector tape should be placed approximately one foot (1&#039;) above the encasement. Where a major route has a parallel outer roadway, encasement should be continuous under all roadways within the right of way.&lt;br /&gt;
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Manholes or vent pipes are to be located at the right of way line or adjacent to the outer roadway.&lt;br /&gt;
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For fiber optic cable, encasement should extend from within six feet (6&#039;) of one right of way line to within six feet (6&#039;) of the other right of way line.&lt;br /&gt;
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Exceptions may be made for encasement as listed in [[#643.1.4.2_Exceptions_to_Encasement|EPG 643.1.4.2]].&lt;br /&gt;
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====643.1.3.2.4 Parallel Installations along Major Routes====&lt;br /&gt;
New parallel installations on the right of way may be permitted provided that poles are within two feet (2&#039;) of the normal right of way line and underground utility facilities are within the utility corridor. Existing overhead or underground utility facilities that parallel an existing roadway which will be incorporated into a completed highway may remain in place if all maintenance and service can be performed without entering or leaving the roadway except at approved access points; without parking equipment or storing materials on the median, pavement, ramps, or shoulders; and the existing location does not interfere with construction, maintenance, or operation of the completed highway. If an existing parallel utility facility needs to be relocated so as to not interfere with the construction, maintenance, or operation of the completed highway, poles may be located withing five feet (5’) of the right of way line.&lt;br /&gt;
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Existing steel pipe transmission and distribution facilities for gaseous petroleum products that parallel an existing roadway that will be incorporated into the completed roadway may be left in place subject to an agreement by the utility owner that maintenance or service and facility expansion will be performed without cutting or damaging the pavement or interfering with the construction, maintenance, and operation of the highway and provided that the facility is cathodically protected against corrosion and meets the applicable material requirements.&lt;br /&gt;
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Underground utility facilities are expected to be buried within the utility corridor of sight distance triangles (SDTs) at roadway intersections unless granted a variance. Overhead utility facilities may be allowed to span intersecting roadways with SDTs provided the poles, or supports, are located outside the SDT.&lt;br /&gt;
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====643.1.3.2.5 Sanitary Sewers within the Right of Way of Major Routes====&lt;br /&gt;
New installations of sanitary sewers should follow the applicable guidelines for either underground crossings or parallel installations as appropriate. An existing gravity trunk sanitary sewer should be considered individually and removed or left in place contingent upon its age, condition, feasibility of moving, and maintenance access. If an existing parallel gravity main is left in place within the limits of the paved surface, paved shoulder lines, or curb lines, stub mains as required will be laid between the sewer main and curb or shoulder lines for future service connections in each block. Manholes should be relocated outside the traveled roadway as near the right of way line as practical.&lt;br /&gt;
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===643.1.3.3 Minor Routes===&lt;br /&gt;
For structures carrying or over minor routes, see [[#643.1.5_Bridge_Attachment_Policy|EPG 643.1.5]].&lt;br /&gt;
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====643.1.3.3.1 Utility Facilities Crossing Minor Routes====&lt;br /&gt;
=====643.1.3.3.1.1 Overhead Crossings of Minor Routes=====&lt;br /&gt;
Existing overhead crossings that interfere with construction, maintenance, or operation should be relocated with their supports as near the right of way line as is practical. New overhead crossing installations should be located with their supports as near the right of way line as is practical.&lt;br /&gt;
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=====643.1.3.3.1.2 Underground Crossings of Minor Routes=====&lt;br /&gt;
All new utility facilities should be installed and maintained without cutting or damaging the pavement or paved shoulders. A variance may be granted for pavement cuts when servicing and maintaining the facility by any other methods is impractical. Pavement cuts may only be made by permits issued. Underground crossings of utility facilities are to be continuously encased under the pavement, medians, ramps, and shoulders with the casing extending to the toe of the fill slopes or to the ditch line. In curbed sections, encasement should extend outside the outer curb of the roadways a distance equal to the depth of the encasement at the curb line. Where installed by open trench through unpaved areas, detector tape should be placed approximately one foot (1&#039;) above the encasement.&lt;br /&gt;
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Manholes or vent pipes are to be located at the right of way line or adjacent to the outer roadway.&lt;br /&gt;
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For fiber optic cable, encasement should extend from within six feet (6&#039;) of one right of way line to within six feet (6&#039;) of the other right of way line.&lt;br /&gt;
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Exceptions may be made for encasement as listed in [[#643.1.4.2_Exceptions_to_Encasement|EPG 643.1.4.2]].&lt;br /&gt;
&lt;br /&gt;
====643.1.3.3.2 Parallel Installations along Minor Routes====&lt;br /&gt;
New parallel installations on the right of way may be permitted provided that poles are within two feet (2&#039;) of the normal right of way line and underground utility facilities are within the utility corridor. Existing overhead or underground utility facilities that parallel an existing roadway which will be incorporated into a completed highway may remain in place if all maintenance and service can be performed without entering or leaving the roadway except at approved access points; without parking equipment or storing materials on the median, pavement, ramps, or shoulders; and the existing location does not interfere with construction, maintenance, or operation of the completed highway. If an existing parallel utility facility needs to be relocated so as to not interfere with the construction, maintenance, or operation of the completed highway, poles may be located within five feet (5’) of the right of way line.&lt;br /&gt;
&lt;br /&gt;
Underground utility facilities are expected to be buried within the utility corridor of sight distance triangles (SDTs) at roadway intersections unless granted a variance. Overhead utility facilities may be allowed to span intersecting roadways with SDTs provided the poles, or supports, are located outside the SDT.&lt;br /&gt;
&lt;br /&gt;
====643.1.3.3.3 Sanitary Sewers within the Right of Way of Minor Routes====&lt;br /&gt;
New installations of sanitary sewers should follow the applicable guidelines for either underground crossings or parallel installations as appropriate. An existing gravity trunk sanitary sewer should be considered individually and removed or left in place contingent upon its age, condition, feasibility of moving, and maintenance access. If an existing parallel gravity main is left in place within the limits of the paved surface, paved shoulder lines, or curb lines, stub mains as required will be laid between the sewer main and curb or shoulder lines for future service connections in each block. Manholes should be relocated outside the traveled roadway.&lt;br /&gt;
&lt;br /&gt;
===643.1.3.4 Roundabouts===&lt;br /&gt;
Regardless of roadway type, it is desirable to avoid locating utility facilities and their access points within the circulatory roadway. If possible, utility facilities are located in the legs of the roundabout to allow for future maintenance and access at an isolated leg versus affecting the entire roundabout. See [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_5_TypicalLocationofUtilityFacilitiesnearRoundabouts_AOD.pdf EPG Figure 643.1.5] for an example.&lt;br /&gt;
&lt;br /&gt;
===643.1.3.5 Utility Facilities in Scenic Enhancement Areas===&lt;br /&gt;
All existing utility facilities within the limits of a scenic enhancement area requiring adjustment because of construction or reconstruction will be placed underground or relocated beyond the limits of the scenic enhancement area. No new above ground facilities will be permitted. New underground facilities will be permitted provided they do not extensively alter or impair the appearance of the area.&lt;br /&gt;
&lt;br /&gt;
==643.1.4 Installation of Utility Facilities==&lt;br /&gt;
The following sections provide information on the physical installation of utility facilities within highway right of way.&lt;br /&gt;
&lt;br /&gt;
===643.1.4.1 Minimum Cover for Underground Facilities===&lt;br /&gt;
The minimum cover for new underground utilities is:&lt;br /&gt;
* Forty-two inches (42”) for all water lines (parallel and crossings).&lt;br /&gt;
* Forty-two inches (42”) for fiber optic cable (crossings encased in rigid conduit).&lt;br /&gt;
* Seventy-two inches (72”) for fiber optic cable (crossings encased in polyethylene (PE) pipe).&lt;br /&gt;
* Thirty inches (30”) for direct burial and in trench fiber optic cable (parallel).&lt;br /&gt;
* Twenty-four inches (24”) for all other direct burial copper or coaxial cable, (parallel).&lt;br /&gt;
* Seventy-two inches (72”) for uncased polyethylene (PE) gas pipe crossings under ditches and roadways but thirty inches (30”) elsewhere.&lt;br /&gt;
* Thirty inches (30”) for all other (such as, but not limited to, gravity sewers, forced sewers, and electric) underground utilities (both parallel and crossing).&lt;br /&gt;
&lt;br /&gt;
===643.1.4.2 Exceptions to Encasement===&lt;br /&gt;
Exceptions may be made for encasement as follows:&lt;br /&gt;
* Non-fiber communication or electric cables installed in ducts.&lt;br /&gt;
* Welded steel pipelines carrying gaseous or liquid petroleum products - provided they are cathodically protected against corrosion, triple-coated in accordance with accepted pipeline construction standards, and meet applicable material requirements.&lt;br /&gt;
* Natural gas distribution pipe (nominal six-inch (6”) diameter maximum) of polyethylene (PE) plastic, traceable, installed by a horizontal bore method at a minimum depth of seventy-two inches (72”) under ditches and roadways, constructed in accordance with and meeting applicable material requirements.&lt;br /&gt;
* Gas service connections protected and constructed in accordance with and meeting applicable material requirements.&lt;br /&gt;
* Encasement is not required for new trunk sanitary sewer crossings of vitrified clay, reinforced concrete or cast iron except when installation procedures would produce voids in the roadbed, heavy fills, or installations under pressure.&lt;br /&gt;
&lt;br /&gt;
===643.1.4.3 Above Ground or Ground Level Appurtenances===&lt;br /&gt;
Appurtenances protruding more than four inches (4”) above the ground line should be located outside the clear zone. If no feasible alternative exists and if permitted by a variance, appurtenances may be allowed within the clear zone if they meet breakaway criteria or will be shielded by a traffic barrier. Good design practice will provide that appurtenances be located at right of way jogs, along intersecting road right of way, or at other similar acceptable locations, so that encroachment is held to an absolute minimum. Cables, wires, small diameter pipes, and other such utility appurtenances extending from the surface of the ground should be equipped with covers or guards to improve their visibility. Appurtenances within sidewalks or street level pedestrian access routes are to be in conformance with the Americans with Disabilities Act requirements.&lt;br /&gt;
&lt;br /&gt;
The maximum pull box width perpendicular to the right of way line within the utility corridor is thirty inches (30”).&lt;br /&gt;
&lt;br /&gt;
===643.1.4.4 Overhead Utility Facilities===&lt;br /&gt;
The vertical clearance of new or existing overhead installations will not be less than the current minimum requirements of the National Electric Safety Code, but in no case less than eighteen feet (18’) inclusive of sag above the groundline for electrical facilities. Clearance may be reduced for overhead installations of cable, telephone, or fiber optic facilities.&lt;br /&gt;
A minimum radial clearance of twenty-five feet (25’) is provided from any utility facility to the nearest part of any bridge structure. A minimum radial clearance of ten feet (10’) is provided from the nearest charged electrical line to a MoDOT signal, lighting, ITS, or overhead sign structure.&lt;br /&gt;
&lt;br /&gt;
===643.1.4.5 Approved Materials===&lt;br /&gt;
Utility owners are allowed to use any material for underground utility facilities including carrier and encasement provided they accept responsibility for any future repairs and/or replacement of damaged MoDOT facilities should a failure occur. This will allow the use of current technology and procedures to provide the best value to its subscribers and the taxpayers of Missouri. For materials that MoDOT also uses in its highway system, utility owners must provide materials that meet the current [https://www.modot.org/missouri-standard-specifications-highway-construction Missouri Standard Specifications for Highway Construction]. For materials not listed in the Missouri Standard Specifications for Highway Construction, the utility owner should provide documentation of the standards used to determine suitability of the material.&lt;br /&gt;
&lt;br /&gt;
===643.1.4.6 Cutting===&lt;br /&gt;
In the event permission is granted to cut an existing concrete or asphalt pavement or sidewalk, the appropriate provisions below should be followed.&lt;br /&gt;
&lt;br /&gt;
====643.1.4.6.1 Pavement====&lt;br /&gt;
All pavement cuts should be made with a saw to the full depth of the pavement. The width of the cut is typically determined by the width of the trench plus a minimum one foot (1’) on each side of the trench. In the event the distance to any adjacent longitudinal or transverse joint or crack is less than four feet (4’), the pavement must be removed to the joint or crack. Cuts for perpendicular service tie-ins should be a minimum of three feet (3’) wide. Longitudinal main installations are typically cut at a minimum of half the lane width, but in no instance should the cut be along the wheel path of the lane.&lt;br /&gt;
[[File:fig_643.1.6-06_2026.jpg|800px|none|thumb|Figure 643.1.6 Pavement Repair Dimension Requirements.]]&lt;br /&gt;
&lt;br /&gt;
The utility facilities should be placed in a location with the least impact to the roadway. Typically, this leads to placement in the shoulder when available followed by the two-way left turn lane (TWLTL), and then outside lanes before allowing placement in interior through lanes. Lane switching should be kept to a minimum and should not be used to minimize repair sizes. Cuts for mains or service leads that may not be perpendicular to the roadway should be squared-off.&lt;br /&gt;
&lt;br /&gt;
Replacement of cut pavement should be full depth concrete in accordance with the current version at the time of installation of Section 613.10 Full Depth Pavement Repairs of the Missouri Standard Specifications for Highway Construction and the Missouri Standard Plans for Highway Construction. If the area of the pavement repair is not to be fully resurfaced all joints including the overcut from the sawing operation should be filled with an expansive mortar, epoxy, polyester, or joint material as approved by the Engineer in accordance with Section 1057 of the Missouri Standard Specifications for Highway Construction.&lt;br /&gt;
&lt;br /&gt;
====643.1.4.6.2 Pedestrian Access Routes====&lt;br /&gt;
All cuts in the pedestrian access routes whether asphalt or concrete should be made by saw and be the full depth of the material. Entire slabs of concrete sidewalk should be removed. Repair of the pedestrian access route must meet Americans with Disability Act requirements, see [[:Category:642_Pedestrian_Facilities|EPG 642]]. Cuts through curb ramps or detectable warning areas are not permitted. Rather the entire curb ramp or detectable warning area must be removed and replaced. MoDOT district ADA contacts can help ensure ADA compliance of impacted pedestrian access routes.&lt;br /&gt;
&lt;br /&gt;
===643.1.4.7 Non-disturbance Areas===&lt;br /&gt;
MoDOT has certain areas of right of way where mowing, spraying, digging, or other vegetation disturbance activities are restricted. These areas have been established to mitigate the environmental impacts of a previous project and should be avoided. If the areas cannot be avoided, contact MoDOT’s Environmental Section.&lt;br /&gt;
&lt;br /&gt;
==643.1.5 Bridge Attachment Policy==&lt;br /&gt;
No utility facility will be permitted in or on a structure carrying an interstate or other freeway unless it is part of a federal requirement or for MoDOT’s use. When the structure carries any other road type and no other practical means exists for the crossing, wires (communication, electrical, fiber, or metal) will be permitted. Electrical lines must be located to cause minimum exposure to MoDOT maintenance personnel and the public. Pressurized pipelines for gas or other petroleum products and water and all sewer lines are prohibited on all structures due to the risks associated with their failure.&lt;br /&gt;
&lt;br /&gt;
===643.1.5.1 Agreement===&lt;br /&gt;
An agreement is required for all utility facilities attached to any structure. A charge will be made for the increased maintenance costs involved. This fee is set by the Bridge Division. When permitted, a 50-year occupational agreement is executed with the utility owner. Agreement BR04 Utility Attachment Agreement is used when an attachment is added to a bridge during its construction. Agreement BR09 Bridge Attachment Agreement is used when an attachment is added to an existing bridge.&lt;br /&gt;
&lt;br /&gt;
===643.1.5.2 Requests===&lt;br /&gt;
Requests to attach facilities to structures is a multi-step process. Bridge Division is responsible for approval of the bridge attachment. If at any point in the process, Bridge Division determines the attachment to be unacceptable, a reason is to be provided.&lt;br /&gt;
&lt;br /&gt;
To start, the utility owner submits a conceptual request to the district utilities staff. The conceptual request consists of an explanation of the proposal; a general location sketch (i.e., which side of the bridge); and details on the facility, length, and weight per foot when full. The district utilities staff should work with all relevant district personnel including the District Bridge Engineer in reviewing and recommending the attachment. The district utilities staff will submit the recommended details to the Bridge Division to determine the applicable costs including future maintenance costs and for attachments to new bridges, design and construction. Once the Bridge Division has determined the cost, the district utilities staff shares the cost with the utility owner for their concurrence with furthering the process. For new bridges, if the utility owner concurs with the costs, the district utility staff will prepare the BR04 Agreement for execution by the utility owner and the Commission. MoDOT will be responsible for the design and construction of attachments to new bridges. For existing bridges, the district utilities staff will forward the applicable as-built bridge plans to the utility owner for its use in designing the bridge attachment. The utility owner will provide detailed design drawings, signed and sealed by a professional engineer in the State of Missouri, to the district utilities staff for review. The district utilities staff should work with all relevant district personnel, including the District Bridge Engineer, in reviewing and recommending the details of the attachment to the Bridge Division. Once Bridge Division approves, the Bridge Division will prepare the BR09 Agreement for execution by the utility owner and the Commission. The utility owner is responsible for the construction of attachments to existing bridges. A flow chart, [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_7_BridgeAttachementProcess_AOD.pdf EPG Figure 643.1.7], of the process is available.&lt;br /&gt;
&lt;br /&gt;
Payment from the utility owner for the attachment will be sent to Financial Services by district utilities staff. For BR04 agreements, district utilities staff should discuss with Financial Services how to get the payment credited to the project constructing the attachment. For BR09 agreements, district utilities staff should copy Bridge Division on correspondence with Financial Serves. Checks should be made payable to Director of Revenue, Credit State Road Fund.&lt;br /&gt;
&lt;br /&gt;
For requests from government entities such as cities, counties, and other municipalities, the requested information should be submitted to Bridge Division as described above. However, the district utilities staff will take the lead in preparing the DE10 County Agreement or DE11 Municipal Agreement, as applicable, with input from Bridge Division and Bridge Maintenance. All fees are waived for government entities.&lt;br /&gt;
&lt;br /&gt;
===643.1.5.3 Considerations===&lt;br /&gt;
The following considerations are made in determining the acceptability of a bridge attachment. Unique situations will be discussed with the Bridge Division as required.&lt;br /&gt;
&lt;br /&gt;
====643.1.5.3.1 Bridge Asset Management Program====&lt;br /&gt;
Requests for bridge attachments should be reviewed for consistency with the district’s upcoming bridge asset management program needs. If a structure is due for rehabilitation or replacement in the near future, information should be provided to the utility owner indicating existing remaining life of the bridge. In some instances, it may be in MoDOT’s best interest to deny the request for attachment outright. In some instances, the utility owner may still choose to pursue the short-term attachment to the existing structure. In almost all cases, the utility owner is responsible for the cost of removing and/or relocating their utility facilities for a necessary repair, widening, improvement or reconstruction of the structure. Review existing agreements for cost responsibility for current attachments.&lt;br /&gt;
&lt;br /&gt;
====643.1.5.3.2 Aesthetics====&lt;br /&gt;
In reviewing a request for a bridge attachment, how the structure is viewed by the public will be considered. For example, is the structure over a scenic stream that is extensively used by canoeists, or does the structure span a road that may provide access to a park, campgrounds, or boat launching facilities? Is the structure a grade separation where the motoring public will see the attachment before they pass under it?&lt;br /&gt;
&lt;br /&gt;
====643.1.5.3.3 Method of Attachment====&lt;br /&gt;
In order to maintain structural integrity of any structures the following requirements will apply for attachments.&lt;br /&gt;
&lt;br /&gt;
=====643.1.5.3.3.1 Welding=====&lt;br /&gt;
Welding of hardware to structural steel members (i.e., flanges, webs, stiffeners, and diaphragms) whether in tension or compression is not permitted.&lt;br /&gt;
&lt;br /&gt;
=====643.1.5.3.3.2 Drilling=====&lt;br /&gt;
Drilling holes in any structural steel member is not permitted. Drilling holes for anchors into any prestressed concrete member is not permitted. Although permitted, drilling holes for anchors into the underside of bridge decks must be done with caution. It is recommended all anchors be installed to miss deck reinforcing steel. Generally, drilling into decks will not be allowed where sonotubes were used (voided slab bridges). The depth of the holes should be such that breaking out of the concrete on the top side of the deck does not occur.&lt;br /&gt;
&lt;br /&gt;
=====643.1.5.3.3.3 Corrosion=====&lt;br /&gt;
Attachment hardware will be new, properly coated to prevent corrosion or be of a non-corrosive material, and be designed to support the facility.&lt;br /&gt;
&lt;br /&gt;
====643.1.5.3.4 Location====&lt;br /&gt;
In general, attachments are made on the underneath side of the bridge deck. The condition of the bridge deck will dictate the location of the attachment supports. An exception may be attachments to trusses or other overhead structures.&lt;br /&gt;
&lt;br /&gt;
Attachments that may require manholes in bridge decks are not allowed.&lt;br /&gt;
&lt;br /&gt;
When attachments are required to structures over streams that may carry large drifts, they must be attached to the downstream side of the structure and above the lowest superstructure element. It is preferred to locate the attachment on the outside of the exterior girder. If aesthetics are a concern, a better appearance can be achieved by having the attachment made to the inside of the exterior girder and above the bottom of the lower flange to hide the conduit and the attaching hardware.&lt;br /&gt;
&lt;br /&gt;
Placement of utilities must not prevent the removal of old paint, the application of new paint on superstructure steel, or cause debris buildup, which could cause structural deterioration.&lt;br /&gt;
&lt;br /&gt;
====643.1.5.3.5 Construction and Maintenance====&lt;br /&gt;
If the attachment cannot be built while maintaining one (1) lane of traffic on the structure, it will not be allowed.&lt;br /&gt;
&lt;br /&gt;
Construction procedures that severely impact traffic may factor into the allowable location of the attachment on the structure.&lt;br /&gt;
&lt;br /&gt;
When scaffolding is to be attached or supported by bridge rails, bridge superstructure, or bridge substructure, the procedures for construction of the attachment must be reviewed.&lt;br /&gt;
&lt;br /&gt;
The utility owner or local entity will pay for, or be responsible for, the painting of the attachment, if necessary, when the bridge requires painting.&lt;br /&gt;
&lt;br /&gt;
==643.1.6 Private Lines==&lt;br /&gt;
Private lines are permitted to cross the right of way of a highway in the same manner as outlined for all utility facilities in above sections of this article. Parallel installations along the right of way of a highway are not permitted. Special conditions at a specific location that make adherence to this policy impractical will be submitted to the Chief Engineer for consideration of an acceptable alternative. In certain situations, it may be necessary to obtain approval from the Federal Highway Administration (FHWA) before approval to use the alternative can be given to the private utility owner.&lt;br /&gt;
&lt;br /&gt;
==643.1.7 Water and Sewer Separations==&lt;br /&gt;
The Missouri Department of Natural Resources (MoDNR) Safe Drinking Water Commission via 10 CSR 60-10 and Clean Water Commission via 10 CSR 20-8 govern the design of water and sewer lines in the vicinity of one another. Basic criteria are outlined below for information, and details are contained within the regulations. MoDOT is not responsible for providing or acquiring adequate right of way for utility owners to comply with MoDNR requirements.&lt;br /&gt;
&lt;br /&gt;
===643.1.7.1 Water and Sewer Separations===&lt;br /&gt;
====643.1.7.1.1 Horizontal====&lt;br /&gt;
Sanitary and storm sewers are to be laid at least ten feet (10’) horizontally measured from outside edge to outside edge from any existing or proposed water main. In cases where it is not practical to maintain ten feet (10’) of separation, installation of the water main closer to the sewer is acceptable where the water main is installed in a separate trench or on an undisturbed earth shelf located on one (1) side of the sewer at an elevation so the bottom of the water main is at least eighteen inches (18”) above the top of the sewer.&lt;br /&gt;
&lt;br /&gt;
===643.1.7.2 Crossings===&lt;br /&gt;
Water mains are to be laid to provide a minimum vertical distance of eighteen inches (18”) vertically measured outside edge to edge from sanitary or storm sewers. This is the case whether the water main is above or below the sewer. One (1) full length of water pipe must be located so both joints will be as far from the sanitary or storm sewer line as possible. Special structural support for the water main or sanitary or sewer main may be required.&lt;br /&gt;
&lt;br /&gt;
===643.1.7.3 Exception===&lt;br /&gt;
When it is impossible to obtain proper horizontal and vertical separation as stipulated, the sewer will be designed and constructed equal to water pipe and will be pressure-tested to assure it is watertight prior to backfilling.&lt;br /&gt;
&lt;br /&gt;
===643.1.7.4 Water Supply Interconnections===&lt;br /&gt;
No physical connection is permitted between a public or private potable water supply system and any sanitary or storm sewer or appurtenance that would permit the passage of any sewage or polluted water into the water supply. No water pipe is permitted to pass through or come in contact with any part of a sanitary sewer manhole.&lt;br /&gt;
&lt;br /&gt;
===643.1.7.5 Water Works Structures===&lt;br /&gt;
Sewers are not permitted to be installed within fifty feet (50’) in any direction from any existing or proposed public water supply well or other water supply sources or structures.&lt;br /&gt;
&lt;br /&gt;
==643.1.8 Variances==&lt;br /&gt;
Occasionally, it is impractical to locate a utility facility in accordance with requirements outlined in this article. MoDOT may consider a utility owner’s request for a variance from these requirements on a case-by-case basis. The utility owner should complete a [https://epg.modot.org/forms/general_files/DE/UtilityVarianceApprovalForm.docx Utility Variance Approval Form] to be submitted to MoDOT for consideration. Variances on the Interstate System require approval of the Federal Highway Administration (FHWA). A flow chart, [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_8_VarianceApprovalProcess.pdf EPG Figure 643.1.8], of the variance process is available.&lt;br /&gt;
&lt;br /&gt;
A variance will not be permitted just for the convenience of the utility owner. The utility owner requesting a variance must provide all necessary information to properly evaluate if a variance should be approved. For example, a utility owner requesting a variance because “the utility corridor is full” must explore all reasonable options. It is suggested that the requestor pothole the existing utility corridor to confirm the location of existing utility facilities and provide that data to support the need to locate outside of the utility corridor due to its congestion.&lt;br /&gt;
&lt;br /&gt;
===643.1.8.1 Variance Process===&lt;br /&gt;
Any utility owner of a public utility facility may apply for a variance. The process for requesting a variance is as follows:&lt;br /&gt;
&lt;br /&gt;
====643.1.8.1.1 Submittal Requirements====&lt;br /&gt;
Utility owners submit to the district utilities staff a written request for a variance using the [https://epg.modot.org/forms/general_files/DE/UtilityVarianceApprovalForm.docx Utility Variance Approval Form]. The utility owner must clearly show the provision(s) or guideline(s) for which the variance is being requested; the condition(s) which the utility owner believes warrant(s) the granting of a variance; a thorough explanation of the reason(s) for the requested variance, including sufficient and appropriate documentation of safety, aesthetic, or constructability constraints that would be adverse to the function, access, or maintenance of the utility facility and not in the best interest of the public.&lt;br /&gt;
&lt;br /&gt;
====643.1.8.1.2 MoDOT Consideration of Variance Request====&lt;br /&gt;
The utility owner bears full responsibility for demonstrating to MoDOT’s satisfaction that the variance is the most appropriate way to serve the public interest. MoDOT may present to the utility owner and the utility owner must consider reasonable alternatives to the variance requested by the utility owner. In determining whether to grant a variance, district utilities staff will consider all relevant factors including, but not limited to: the requested variance is reasonably necessary for the convenience, safety, health, and/or welfare of the public; there is an exceptional or undue burden or hardship on the specific applicant; a physical impracticability that would result from the applicant’s adherence to the normal location requirements; and the requested variance will not impair the safe construction, maintenance, operation, and safety of public travel on the highway. District utilities staff may consult with the Design Liaison Engineer in evaluating variances.&lt;br /&gt;
&lt;br /&gt;
====643.1.8.1.3 Approval of Variances====&lt;br /&gt;
Once district utilities staff have agreed to accept a variance proposed by the utility owner, the [https://epg.modot.org/forms/general_files/DE/UtilityVarianceApprovalForm.docx Utility Variance Approval Form] and all supporting documentation is sent to the District Design Engineer (DDE) for approval. If a variance is on interstate right of way, the DDE-signed Variance Request Form and all supporting documentation is forwarded to the Design Liaison Engineer who will forward to FHWA for their concurrence.&lt;br /&gt;
&lt;br /&gt;
====643.1.8.1.4 Variance Appeal Informal Hearing====&lt;br /&gt;
If denied a variance, the utility owner has thirty (30) calendar days to request an informal hearing for the purpose of appealing the denial. Requests must be made in writing to the State Design Engineer, Missouri Department of Transportation, P.O. Box 270, Jefferson City, MO 65102. If the utility owner requests an informal hearing, MoDOT’s authorized representative will advise the applicant of the time, date, and place of the hearing. The hearing is not a contested case under RSMo 536. The rules of evidence will not apply at the hearing, and MoDOT’s decision after the conduct of the hearing is not subject to further appeal.&lt;br /&gt;
&lt;br /&gt;
==643.1.9 Excess Right of Way==&lt;br /&gt;
Prior to conveyance of excess right of way, the status of utility facilities within said parcel must be addressed. See [[236.5_Property_Management#236.5.12_Excess_Land_Conveyances_&amp;amp;_Relinquishments_–_Regulated_Utilities|EPG 236.5.12]].&lt;br /&gt;
&lt;br /&gt;
==643.1.10 Broadband==&lt;br /&gt;
Broadband development in the state of Missouri is handled by the Department of Economic Development (DED). MoDOT shares its approved Statewide Transportation Improvement Program (STIP) project list with DED. All MoDOT policies related to placement of utility facilities within Commission right of way as outlined in this EPG 643.1 are to be followed.&lt;br /&gt;
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&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643.2 Utilities in Program Delivery &#039;&#039;PAGE TITLE&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt; &lt;br /&gt;
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==643.2.1 Introduction==&lt;br /&gt;
Improvements to the highway system often require negotiation between the Commission and a city, a county, or a public or private utility owner. The Commission’s district utilities staff is responsible for coordination of highway improvement projects with the utility owner’s representative. The impact to a utility, the responsibility for the cost of adjustments necessary to allow highway construction, the plan of adjustment of the utility, the responsibility of performance of work on utility facilities, and the schedule of the utility adjustment are all items that vary depending on the project and should be investigated and negotiated to ensure highway improvement projects are delivered on-time and on-budget. These should comply with Commission policy. A [https://epg.modot.org/forms/general_files/DE/flowchart.pdf flowchart] outlining all the utility adjustment processes (reimbursable and non-reimbursable relocations, Master Reimbursable Utility Agreements and Project Specific Agreements, etc.) are available in the list of figures at the top of the page. These processes will not always be in combination, but each should be considered with each project.&lt;br /&gt;
&lt;br /&gt;
The district utilities staff, in conjunction with the Transportation Project Manager (TPM), is expected to invite and encourage participation of utility owner representatives in MoDOT project meetings as needed.&lt;br /&gt;
&lt;br /&gt;
When a project involves utility adjustments for which the Commission is responsible for costs, the TPM should program the costs of the utility adjustments as non-contractual construction costs in the STIP Information Management System (SIMS).&lt;br /&gt;
&lt;br /&gt;
==643.2.2 Annual Utility Meeting==&lt;br /&gt;
Each district should hold an annual meeting with utilities to discuss current STIP projects in the district. The annual meeting should be held during each year&#039;s STIP preparations, ideally between January and May. All utility owners that have utility facilities in the district should be invited. The intent is to provide the utility owners with an idea of upcoming projects to allow them the opportunity to plan and budget for potential adjustments of their utility facilities, identify both MoDOT and utility roadblocks, and develop action plans to complete utility adjustments better, faster, and cheaper.&lt;br /&gt;
&lt;br /&gt;
==643.2.3 Determination of Existing Utilities==&lt;br /&gt;
District utilities staff should determine the appropriate level of effort needed to accurately identify existing utilities within the footprint of a proposed highway construction project. Aboveground utilities are easily identifiable via field checks; however, determination of the precise location of underground utilities can be more challenging and time consuming. Therefore, the district utilities staff should balance the risk of conflict with the highway construction project against the level of effort needed to determine the location.&lt;br /&gt;
&lt;br /&gt;
The level of effort on mapping utilities is dependent on the scope of the project and the potential for utilities having an impact on the construction of the project. The project schedule should include the time to complete this task accurately. The time and effort necessary for having accurate locates requires close interaction with the utility locators. Early contact with utility owner representatives may be necessary to accurately locate underground utility facilities.&lt;br /&gt;
&lt;br /&gt;
Various methods of determining existing underground utilities result in different levels of quality. ASCE Standard 38 Standard Guidance for Investigating and Documenting Existing Utilities classifies four levels of quality:&lt;br /&gt;
:1. Quality Level D: QL-D is the most basic level of information for utility locations. It comes solely from existing utility records or verbal recollections, both typically unreliable sources. It may provide an overall &amp;quot;feel&amp;quot; for the congestion of utilities but is often highly limited in terms of comprehensiveness and accuracy. QL-D is useful primarily for project planning and route selection activities.&amp;lt;br&amp;gt;&lt;br /&gt;
: ● Missouri 811 or “private-locate” markings are to be considered to be QL-D.&lt;br /&gt;
:2. Quality Level C: QL-C is probably the most used level of information. It involves surveying visible utility facilities (e.g., manholes, valve boxes, etc.) and correlating this information with existing utility records (QL-D information). When using this information, it is not unusual to find that many underground utilities have been either omitted or erroneously plotted. Therefore, its usefulness is primarily on rural projects where utilities are not prevalent or are not too expensive to repair or relocate.&lt;br /&gt;
:3. Quality Level B: QL-B involves the application of appropriate surface geophysical methods to determine the existence and horizontal position of virtually all utilities within the project limits. This activity is called &amp;quot;designating&amp;quot;. The information obtained in this manner is surveyed to project control. It addresses problems caused by inaccurate utility records, abandoned or unrecorded utility facilities, and lost references. The proper selection and application of surface geophysical techniques for achieving QL-B data is critical. Information provided by QL-B can enable the accomplishment of preliminary engineering goals. Decisions regarding location of storm drainage systems, footers, foundations, and other design features can be made to avoid conflicts with existing utilities. Slight adjustments in design can produce substantial cost savings by eliminating utility relocations.&lt;br /&gt;
:4. Quality Level A: QL-A, also known as &amp;quot;locating or potholing&amp;quot;, is the highest level of accuracy presently available and involves the full use of the subsurface utility engineering services. It provides information for the precise plan and profile mapping of underground utilities through the nondestructive exposure of underground utilities, and provides the type, size, condition, material, and other characteristics of underground features.&lt;br /&gt;
&lt;br /&gt;
For projects with scopes that have potential for utility conflicts, the minimum level of effort required is SUE Quality Level D. Locations of existing utilities are determined by requesting locates through Missouri 811, also known as the “One-Call” process. Missouri 811 locating requests should be carefully considered for the scope of work of the project. When necessary, the location of existing utilities should be established by a field survey of locate markings and features and shown on the roadway plans. Higher level SUE Quality Levels can be used on any project. Adjustment cost savings, whether to the MoDOT or to the utility owner, are beneficial to the taxpayer. Good SUE projects are typically urban in nature, or in congested areas, where the project footprint is to be minimized, or anytime accurate vertical and horizontal location of the utility facility might allow a design to avoid the utility facility thus preventing the need for the adjustment. The SUE process combines civil engineering, surveying, and geophysics. It utilizes several technologies, including vacuum excavation and surface geophysics.&lt;br /&gt;
&lt;br /&gt;
When proposed excavation or installation of subsurface features (drainage, equipment bases, etc.) falls within three feet (3’) of a marked Missouri 811 line, soft digging (hand digging, potholing, vacuum methods, pressurized air/water jetting, pneumatic hand tools, etc.) is required to more exactly locate the utility facility both horizontally and vertically. Utility facilities present within the right of way by permit, should be investigated by the utility owner. Utility facilities that would be reimbursable or partially reimbursable as defined in EP 643.2.8 will be investigated by MoDOT.&lt;br /&gt;
&lt;br /&gt;
==643.2.4 Conflict Determination==&lt;br /&gt;
Determination of whether a conflict exists between an existing utility facility and a proposed highway improvement project should occur at the earliest possible stage of project development. A conflict may be the result of the physical interaction between the roadway infrastructure and utility facility, a reduction in cover or increase in fill over underground utilities, a reduction in horizontal clearance whether above or below ground, a reduction in overhead vertical clearance, paving over utilities, or restricting a utility owner’s access to its utility facilities. District utilities staff should work with utilities to determine if a conflict exists and the appropriate plan of adjustment to remedy the conflict. The adjustment to the utility may be a relocation or another measure that protects the utility or access to the utility from the proposed highway improvement project. Determination of a conflict needs to be continually re-evaluated as the project design progresses. Continuing coordination is essential.&lt;br /&gt;
&lt;br /&gt;
==643.2.5 Utility Plan of Adjustment==&lt;br /&gt;
===643.2.5.1 Request for Plan of Adjustment===&lt;br /&gt;
District utilities staff will request a plan of adjustment from utility owners whose utility facilities are in conflict with a proposed highway project. The plan of adjustment may consist of efforts to relocate the utility or otherwise protect a utility from the impacts of the proposed highway project. Utilities are shown on the roadway plan and profiles sheets that are furnished to utility owners for use in planning required utility adjustments. Any other sheets such as drainage, traffic signal, lighting, or ITS plans that show impacts to a utility facility should also be provided to the utility owners. All adjustments, reimbursable or not, require a plan of adjustment furnished by the utility owner.&lt;br /&gt;
&lt;br /&gt;
A transmittal letter is included in the request for a plan of adjustment. The letter informs the utility owner that regardless of whether an adjustment is reimbursable, no physical adjusting or relocating of their utility facilities to accommodate the proposed highway improvement is to be performed without specific approval and authorization. Additionally, if any part of the adjustment has the potential to be reimbursable, they are advised:&lt;br /&gt;
# They may undertake preliminary engineering by their own forces upon approval by district utilities staff of the estimated costs of preliminary engineering.&lt;br /&gt;
# They may employ a consultant to do the PE work provided they request and obtain prior approval. See [[#643.2.6_Preliminary_Engineering_Requirements|EPG 643.2.6 Preliminary Engineering Requirements]].&lt;br /&gt;
# Any preliminary engineering costs accrued prior to the date of written authorization to proceed will not qualify for reimbursement.&lt;br /&gt;
# Replacement right of way or easements cannot be purchased without specific approval and authorization.&lt;br /&gt;
&lt;br /&gt;
===643.2.5.2 Proposed Plan of Adjustment===&lt;br /&gt;
Developing a plan of adjustment is a multi-step process. The utility owner will propose a conceptual approach to adjusting the utility facilities to allow highway construction. This conceptual approach is used as the basis for determining cost responsibility, estimate of costs for preliminary engineering and construction, developing the agreement if necessary, and final design of the adjustment. Negotiations between district utility staff and the utility owner’s representative can result in changes to the design throughout the process.&lt;br /&gt;
&lt;br /&gt;
Final plans of adjustment must contain a legend on the first sheet identifying the utility symbols used. They must also show the existing utility facilities and their disposition, the location of the new or adjusted utility facilities, the existing and new right of way lines, the limited or fully controlled access symbols (where applicable), the existing and proposed roadways, ramps, and outer roadways and any other pertinent roadway information. They must contain sufficient details concerning location, elevation, compaction, clean up, etc. to provide for the proper adjustment of the utility facility. Relocated and/or existing utility facilities that will remain in place must be dimensioned or indicated in a manner to show their location in respect to the right of way lines. It is preferred that the utility owner transmits the plan of adjustment by electronic deliverables in a format that can be incorporated into the roadway plans. This will reduce the time and effort necessary as well as increase the accuracy of transferring this information into the roadway plans.&lt;br /&gt;
&lt;br /&gt;
Plans of adjustment received from the utility owner are to be checked for compliance with MoDOT’s requirements ([[#643.1_Utilities_Location|EPG 643.1 Utility Location]]) by the district utilities staff. They are also checked to ensure compatibility with the roadway design. Any continuing conflicts are resolved through negotiations with the utility owner.&lt;br /&gt;
&lt;br /&gt;
Occasionally, it is impractical to perform a utility adjustment in accordance with MoDOT’s requirements. Sometimes the utility may request approval of a plan of adjustment that does not conform to these requirements. Deviation from MoDOT’s utility requirements is a variance. Refer to [[#643.1.8_Variances|643.1.8 Variance Process]] for additional guidance.&lt;br /&gt;
The final plan of adjustment is included as Exhibit “A” to the agreement ([[#643.2.12_Utility_Agreements|EPG 643.2.12 Agreements]]).&lt;br /&gt;
&lt;br /&gt;
==643.2.6 Preliminary Engineering Requirements==&lt;br /&gt;
Preliminary engineering (PE) can be performed one of four ways for utility adjustments:&lt;br /&gt;
# The utility owner can use its own engineering forces.&lt;br /&gt;
# MoDOT can select an engineering consultant, after consultation with the utility owner, and the consultant contract will be administered by MoDOT.&lt;br /&gt;
# The utility owner can select an engineering consultant, with approval by MoDOT, and the consultant contract will be administered by the utility owner.&lt;br /&gt;
# If a utility adjustment is being included in a MoDOT administered construction contract, the preliminary engineering of the adjustment can be provided by MoDOT.&lt;br /&gt;
&lt;br /&gt;
For reimbursable utility adjustments, the amount paid to engineers, architects, and others for required engineering and allied services can be included in reimbursement amount provided such amounts are not based on a percentage of the costs of the necessary adjustments to allow highway construction. Reimbursement is available for contracts executed after solicitation of a consultant for the specific adjustment or existing continuing contracts when it is demonstrated that such work is performed regularly for the utility owner in its own work and that the costs are reasonable.&lt;br /&gt;
&lt;br /&gt;
A [https://epg.modot.org/forms/general_files/DE/UtilityConsultantContractChecklist.docx checklist is available for reviewing consultant-engineering contracts] to ensure the contract conforms to MoDOT policy and complies with applicable federal regulations. District utilities staff should use the checklist to review contracts and may consult with Audits and Investigations Division as necessary. The procedures in 23 CFR part 172, Administration of Engineering and Design Related Service Contracts may be used as a guide for reviewing proposed consultant contracts. [[:LPA:136.4_Consultant_Selection_and_Consultant_Contract_Management|EPG 136.4 Consultant Selection and Consultant Contract Management]] may also be used as a guide.&lt;br /&gt;
&lt;br /&gt;
===643.2.6.1 Solicited Consultant Contracts===&lt;br /&gt;
If solicitation of PE services is required for reimbursable utility adjustments, the utility owner must provide the following documents and information to district utilities staff. These documents need to be provided as soon as the utility owner has chosen to solicit a consultant. Document 1 must be supplied by all utility owners. Documents 2 and 3 are only required when the utility owner is a local government agency who is also a political subdivision of the state of Missouri (e.g., city-owned utilities, county-owned utilities). All other utility owners are encouraged, but not required, to provide Documents 2 and 3:&lt;br /&gt;
# A statement that the utility owner is not staffed or able to perform the required PE services with its own forces.&lt;br /&gt;
# Provide the names of at least three (3) consultants considered.&lt;br /&gt;
# The criteria used to evaluate each consultant and reasons why the selected consultant was selected.&lt;br /&gt;
&lt;br /&gt;
The following documents need to be provided as soon as the utility owner has successfully negotiated and entered into a contract with the consultant:&lt;br /&gt;
# The name and address of the selected consultant.&lt;br /&gt;
# A statement that the &amp;quot;[https://epg.modot.org/forms/general_files/DE/CertificationOfConsultant.docx Certification of Consultant]&amp;quot; will be furnished immediately upon award of the contract to the consultant.&lt;br /&gt;
# One executed copy of the proposed engineering contract or agreement between the utility owner and consultant, only if the engineering will exceed $5,000.00.&lt;br /&gt;
# The consultant&#039;s fixed (lump sum) or estimated fee (actual cost) and the contract maximum.&lt;br /&gt;
# A cost summary providing a detailed breakdown of the basis for the consultant&#039;s compensation, including estimated labor hours, hourly rates for each classification, overhead rate (if used), the amount of profit charged, and any other estimated charges such as travel expenses, equipment rentals, etc. If an overhead rate is used, the consultant must also submit the supporting overhead rate calculations.&lt;br /&gt;
# An independent cost estimate of engineering services provided by the utility owner to use in comparison to the consultant’s proposed engineering services to check for cost reasonableness.&lt;br /&gt;
&lt;br /&gt;
===643.2.6.2 Continuing Consultant Contracts===&lt;br /&gt;
When a utility owner chooses to use an existing continuing contract for PE services, the utility owner must provide the following documents and information to the district utilities staff as soon as possible.&lt;br /&gt;
# A statement that the utility owner is not staffed or able to perform the engineering with its own forces.&lt;br /&gt;
# The name and address of the consultant under the existing continuing contract.&lt;br /&gt;
# A statement that the &amp;quot;[https://epg.modot.org/forms/general_files/DE/CertificationOfConsultant.docx Certification of Consultant]&amp;quot; will be furnished.&lt;br /&gt;
# A copy of the continuing contract to the district utilities staff. The district utilities staff will review the contract for reasonableness of cost.&lt;br /&gt;
# The consultant&#039;s fixed (lump sum) or estimated fee (actual cost) and the contract maximum for the work associated with the utility adjustment.&lt;br /&gt;
# A cost summary providing a detailed breakdown of the basis for the consultant&#039;s compensation, including estimated labor hours, hourly rates for each classification, overhead rate (if used), the amount of profit charged, and any other estimated charges such as travel expenses, telephone, etc. If an overhead rate is used, the consultant must also submit the supporting overhead rate calculations.&lt;br /&gt;
# An independent cost estimate of engineering services provided by the utility owner to use in comparison to the consultant’s proposed engineering services to check for cost reasonableness.&lt;br /&gt;
&lt;br /&gt;
===643.2.6.3 Consultant Contract Changes===&lt;br /&gt;
If a PE services contract between a utility owner and a consultant needs to be revised, a copy of the revised contract, fee, and schedule should be submitted by the utility owner to the district utilities staff prior to allowing for contract changes. District utilities staff should review the contract changes to ensure the revised contract conforms to MoDOT policy and complies with applicable federal regulations.&lt;br /&gt;
&lt;br /&gt;
==643.2.7 Environmental and Right of Way==&lt;br /&gt;
===643.2.7.1 Utilities and Environmental Clearances===&lt;br /&gt;
District utilities staff should coordinate with the TPM and utility owner’s representative to understand and communicate on known environmental and cultural constraints that could impact a utility owner’s plan of adjustment. This will allow the utility owner to consider permitting timelines and alternatives that avoid environmental or cultural resources to keep the project on schedule.&lt;br /&gt;
&lt;br /&gt;
One strategy to make project delivery more efficient and ensure regulatory compliance is for MoDOT to obtain the environmental and cultural resource permits and clearances for the utility owners associated with a roadway improvement while obtaining its own. This would generally only be for the permits and regulatory clearances MoDOT already needs to pursue as a part of the transportation improvement.&lt;br /&gt;
&lt;br /&gt;
District utilities staff should coordinate with the utility owner’s representative early in the project timeline to determine if it is in the best interest of both MoDOT and the utility owner to obtain permits and environmental clearances jointly. The following strategies can be utilized to determine if a joint approach to environmental work should be pursued:&lt;br /&gt;
* If utility facilities are moving to a location within or immediately adjacent to MoDOT right of way, a utility owner may be invited to participate in permitting and environmental compliance activities.&lt;br /&gt;
* If utilities move to a location not within or adjacent to MoDOT right of way, the utility company would not normally be invited to participate in permit applications and environmental compliance activities. However, some unique projects may necessitate further attention and should be discussed with the Design Liaison Engineer.&lt;br /&gt;
&lt;br /&gt;
If MoDOT and the utility owner agree to obtain joint permits and clearances, written communication between the utility owner’s representative and the district utilities staff should document the following items:&lt;br /&gt;
* List of the permits and clearances that MoDOT will acquire on behalf of the utility owner.&lt;br /&gt;
* List of the information needed from the utility owner in order for MoDOT to acquire the permits and clearances.&lt;br /&gt;
* Schedule and deadlines for submittal of the information by the utility owner. For example: utility plans, fill quantities, construction methods, dates, or seasons of construction.&lt;br /&gt;
&lt;br /&gt;
Permits and clearances that may be needed by both a utility owner and MoDOT include:&lt;br /&gt;
* [[127.7_Threatened_and_Endangered_Species|Endangered Species Act consultation and clearance]]&lt;br /&gt;
* [[127.2_Historic_Preservation_and_Cultural_Resources#127.2.1.1_Historic_Preservation_Regulations_and_Laws|Section 106 of the National Historic Preservation Act clearance]]&lt;br /&gt;
* [[127.10_Section_4(f)_Public_Lands|Section 4(f) clearance]]&lt;br /&gt;
* [[127.10_Section_4(f)_Public_Lands#127.10.1.4_Section_6(f)_Laws_and_Regulations|Section 6(f) of the Land and Water Conservation Fund Act clearance]]&lt;br /&gt;
* [[127.4_Wetlands_and_Streams|Section 401 and Section 404 of the Clean Water Act permits]]&lt;br /&gt;
* [[:Category:806_Pollution,_Erosion_and_Sediment_Control#806.1_Introduction_(see_Sec._806)|Section 402 of the Clean Water Act permit (State Operating Permit for Erosion Control)]]&lt;br /&gt;
* [[127.8_Hazardous_and_Solid_Waste|Recommendations on contaminated soil disposition]]&lt;br /&gt;
&lt;br /&gt;
===643.2.7.2 Right of Way Acquisition and Utilities===&lt;br /&gt;
The Commission is obligated to acquire the width of right of way required by the design of the highway improvement. For utility facilities currently located within the Commission’s right of way, this includes the necessary space for the utility facilities impacted by the design of the highway improvement. Either additional right of way width to accommodate a utility corridor or a utility easement can be obtained for the relocation of utility facilities. When drainage easements are acquired along a channel, additional space for utility facilities should be considered to avoid conflicts between the utility facility and the bridge or culvert.&lt;br /&gt;
&lt;br /&gt;
District utilities staff should inform the utility owner’s representative of the potential of a conflict between an existing utility facility and a proposed highway construction project early in the project development process to allow sufficient time for the utility owner to prepare a plan of adjustment and notify the district utilities staff of any easement needs. When utility facilities are located on a utility owner’s private easement, the utility owner may obtain its own new easements. If the utility owner is not in a position to negotiate for new easements or if the utility owner’s policies will not permit it to condemn property to obtain the easement, MoDOT can acquire the easement in the same manner roadway right of way is obtained. The district utilities staff should verify the utility owner is aware of the opportunity to have MoDOT acquire the easement, and the utility owner should provide written documentation on whether the utility owner would like to pursue this option with MoDOT.&lt;br /&gt;
&lt;br /&gt;
For situations where the utility owner will obtain its own replacement right of way and the cost of the adjustment is MoDOT’s responsibility, the utility right of way cost should be reviewed by the district right of way department to ensure the cost is reasonable and acquisition followed state and federal regulations. In order to expedite utility adjustments necessary to allow highway construction, the district utility staff may authorize the utility owner to obtain easements prior to all details of a plan of adjustment being developed. In this situation, the district utilities staff should ensure enough details are known to justify the needed right of way, and an agreement for right of way costs only should be executed with the utility owner.&lt;br /&gt;
&lt;br /&gt;
For situations where MoDOT will obtain the right of way necessary to allow highway construction, district utility staff should negotiate with the utility owner’s representative to ensure all necessary utility easements are shown on the approved right of way plans. The TPM should confirm with district utilities staff that the right of way plans accurately reflect the needs of the utility owners prior to requesting right of way plan approval. The district Right of Way Manager should confirm with district utilities staff before requesting an acquisition date (A-date). Every effort should be made to avoid adding utility easement requests once negotiations with property owners have begun.&lt;br /&gt;
&lt;br /&gt;
Occasionally, when negotiations cannot be completed for easements for the adjustment of utility facilities, it may be necessary to condemn for the property. District utilities staff should coordinate with the utility owner’s representative to ensure no alternate design for the adjustment of the utility facility is practical. The decision to condemn for easements for the adjustment of the utility facilities requires the exercise of good judgment in reaching the conclusion that further good faith negotiations are futile and condemnation is necessary to maintain the project in the scheduled letting. The TPM should coordinate with the district utilities staff and district Right of Way (RW) personnel on the condemnation proceedings.&lt;br /&gt;
&lt;br /&gt;
Easement and other right of way documents used with utility owners are handled in accordance with procedures established jointly with RW and district utilities staff. District survey staff prepare the land descriptions for use in utility easements. The district utilities staff is responsible for completion of the easements in the correct form and scope. A sketch delineating the area described is attached to the easement as Exhibit “A”. Communication with the Design Division will ensure use of proper forms, corporate names and locations, and particular wording required for joint ownerships. The description for a utility easement is to be referenced to the nearest land corner shown on the plans. Examples of easements can be found in the template list in [https://netprod3.dot.missouri/eAgreements/Search/QuickSearch eAgreements].&lt;br /&gt;
&lt;br /&gt;
In situations where MoDOT is acquiring right of way with existing utility easements, but the district utilities staff and the utility owner’s representative agree that the utility facility may remain in place, the utility owner will release the property to the Commission separate from the right of way acquisition. This is done by executing an Easement for Highway Construction (UT16). The utility owner grants and conveys, with warranty of title expressed or implied, to the Commission, the right to construct, reconstruct, and maintain a highway over and across that portion of the easement owned and held by the utility owner. In the future, the utility owner retains any reimbursable rights should future projects require adjustments to allow highway construction.&lt;br /&gt;
&lt;br /&gt;
==643.2.8 Cost Responsibility==&lt;br /&gt;
In addition to determining if a conflict exists between an existing utility facility and a highway improvement project, it is important to determine who is responsible for the costs of the necessary adjustments to allow highway construction. An adjustment for which the Commission is responsible for the costs is known as a reimbursable adjustment. An adjustment for which the Commission is not responsible for the costs is known as a non-reimbursable adjustment. An adjustment for which the Commission and the utility share responsibility for costs is known as a partially reimbursable adjustment. Adjustments determined to be reimbursable or partially reimbursable by the Commission are to be completed under the terms of an agreement executed between the utility owner and the Commission.&lt;br /&gt;
&lt;br /&gt;
===643.2.8.1 Commission Responsibility===&lt;br /&gt;
====643.2.8.1.1 Utility Facilities Located on Private Easements====&lt;br /&gt;
When the utility facility is located on a private easement within the new right of way to be acquired for a future project, the Commission is responsible for the cost of the necessary adjustments to allow highway construction. It may be possible that such easement does not have written easement rights. The Commission will honor this oral right provided acceptable documentation is provided by the utility owner to the district utilities staff. An [https://epg.modot.org/forms/general_files/DE/NonwrittenEasementRights_Example.docx example of acceptable documentation for not written easement rights] is available. Other forms of documentation will be considered on an individual basis.&lt;br /&gt;
&lt;br /&gt;
=====643.2.8.1.1.1 Future Moves=====&lt;br /&gt;
When the utility facility is located on a private easement, taken into the Commission’s right of way, the Commission may agree that any future moves of the same utility by Commission order may be made at the Commission’s cost. Documentation of this agreement is by an Easement for Highway Construction (UT16) agreement. If the Commission provides a substitute private easement, then the Commission will have future obligations consistent with the utility facility’s status in an easement.&lt;br /&gt;
&lt;br /&gt;
====643.2.8.1.2 Utility Facilities Located within Commission Right of Way====&lt;br /&gt;
When the utility facility is located within Commission right of way, but has prior land rights, the Commission is responsible for the cost of adjustments to allow highway construction. The utility owner is responsible for documenting to the satisfaction of the district utilities staff, the basis for the claim of prior land rights within Commission right of way. Time spent researching prior rights is considered coordination and is reimbursable.&lt;br /&gt;
&lt;br /&gt;
====643.2.8.1.3 City or County Utility Facilities on City or County Streets====&lt;br /&gt;
When roadway improvements are within the corporate limits of cities, towns, and villages, a municipal agreement is negotiated between the Commission and the municipality. Likewise, when roadway improvements are within the limits of a county and outside the municipal limits, a county agreement is negotiated between the Commission and the County Commission. Included in these agreements are provisions regarding reimbursement for adjusting city or county owned utility facilities. Reimbursement is provided for adjustment of city or county owned utility facilities that are now located on city or county streets and not on Commission right of way.&lt;br /&gt;
&lt;br /&gt;
====643.2.8.1.4 Lumen====&lt;br /&gt;
Lumen – National (formerly CenturyLink, Lightcore, or Digital Telephone, Inc. (DTI)) and the Commission have entered into a partnership agreement, “Amended and Restated Fiber Optic Cable on Freeways in Missouri,” executed June 5, 2003 which obligates the Commission to be responsible for the cost of the necessary adjustments to allow highway construction along the routes identified in the agreement. A copy of the agreement is available to district utilities staff.&lt;br /&gt;
&lt;br /&gt;
====643.2.8.1.5 Services to the Commission====&lt;br /&gt;
When a utility facility provides a service connection to local Commission facilities such as power to traffic signals, lighting, ITS, and cathodic protection and phone drops to traffic signal controllers or other Commission facilities, the Commission is responsible for the cost of the necessary adjustments to allow highway construction.&lt;br /&gt;
&lt;br /&gt;
====643.2.8.1.6 Private Service Lines====&lt;br /&gt;
While most utility owners reconnect the private service lines at no cost to the property owner, some do not. If a utility owner does not reconnect service lines, MoDOT can include adjustment of private service lines in roadway contracts. Bid items for relocating service connections are provided for the different types of anticipated adjustments.&lt;br /&gt;
&lt;br /&gt;
====643.2.8.1.7 Second Moves====&lt;br /&gt;
If the Commission requires additional work to a utility facility after the facility has been relocated or adjusted in accordance with a plan of adjustment approved by the Commission for a single project number, the Commission is responsible for the cost of the additional work regardless of whether the initial adjustment was Commission responsibility as outlined in other parts of [[#643.2.8.1_Commission_Responsibility|643.2.8.1]].&lt;br /&gt;
&lt;br /&gt;
The purpose of the policy is to encourage utilities to relocate early rather than waiting until plans are published for bidding. The policy eliminates the utility having to relocate twice at its own expense because of late changes in the design. It is best to have utilities relocated prior to construction, and this policy helps achieve that goal. Therefore, it is imperative that the designer notifies district utilities staff as soon as possible of any changes made after these plans have been sent. If notified immediately, it may be possible to inform the utility owner prior to their final design thereby eliminating a second move.&lt;br /&gt;
&lt;br /&gt;
Under this policy, the following are not considered second moves. Temporary and staged relocations necessary to accommodate construction and agreed upon by the utility and the Commission prior to relocation are considered a single move and are not subject to the provisions of the second move policy. If the Commission requires adjustment of a utility facility for which the utility owner is responsible for the cost of the adjustment and was originally determined to not need adjustment, the utility owner is responsible for the cost of the adjustment. The utility owner is responsible for the cost of additional work to any portion of the utility facility after the utility facility has been adjusted in accordance with a plan of adjustment approved by the Commission if the additional work is required by the Commission due to error by the utility owner in preparation of plan of adjustment, field location of, or construction of the adjustment of the utility facility.&lt;br /&gt;
&lt;br /&gt;
When evaluating construction contract changes by change order or value engineering, the impacts of the second move policy should be considered.&lt;br /&gt;
&lt;br /&gt;
===643.2.8.2 Utility Owner Responsibility===&lt;br /&gt;
====643.2.8.2.1 Utility Facilities Owned and Operated by a Political Subdivision====&lt;br /&gt;
When a utility facility is located within Commission right of way, but does not have prior land rights, the utility owner is responsible for the cost of the necessary adjustments to allow highway construction. When a utility facility is located on public right of way other than Commission right of way, the utility owner is responsible for the cost of the necessary adjustments to allow highway construction.&lt;br /&gt;
&lt;br /&gt;
When a political subdivision must bear part or all the cost of adjustments to their utility facilities, and the cost creates a financial hardship, the Commission, by its authorized representative, the Chief Engineer, may temporarily assume these costs. A payback agreement with the political subdivision will include an applicable interest rate for a comparable maturity from a widely published index of tax-exempt municipal rates obtained from Financial Services. Payback time will not exceed five (5) years.&lt;br /&gt;
&lt;br /&gt;
====643.2.8.2.2 Utility Facilities Other Than Those Owned by a Political Subdivision====&lt;br /&gt;
When a utility facility is on the right of way of a public road or street or on state highway right of way without prior land rights and adjustment is necessary to allow for the construction of a roadway improvement, the utility owner is responsible for the cost of the necessary adjustments to allow highway construction.&lt;br /&gt;
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===643.2.8.3 Shared Responsibility===&lt;br /&gt;
When a utility facility is located such that portions of it are a Commission responsibility and portions of it are a utility owner responsibility by the definitions above, the costs of the necessary adjustments to allow highway construction will be split by the Commission and the utility owner. If the exact cost for each party can be determined, each party will be responsible for their portion of the cost of relocating the utility facility. If the exact cost for each party cannot be determined, the parties will arrive at a percentage reimbursement on an equitable basis.&lt;br /&gt;
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===643.2.8.4 Notice of Hearing===&lt;br /&gt;
When relocation or other difficulties with utility facilities on public right of way arise that prevent resolution by negotiation, formal hearings will be required.&lt;br /&gt;
&lt;br /&gt;
The district initiates a request for a utility relocation hearing with a letter to the Chief Counsel’s Office (CCO) (a copy is provided to the Design Division) requesting a hearing date. CCO will arrange for a hearing room, court reporter, etc. and advise the district of the hearing date.&lt;br /&gt;
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The district will prepare the notice of hearing by strictly following the given format and serve the notice on all persons and utility owners listed. The property and utility owner must be served only by personal service or by mailing a certified letter, return receipt requested, no later than 15 days before the date of hearing. This will require the district to make every effort to identify the correct property owner before preparing the notice of hearing. To avoid delays, every attempt will be made to issue the hearing notice at least 30 days prior to the hearing date in case any property has changed ownership and any additional property owners must be served. A notice of hearing on service line connections will also be served on the private or public owner of the main or distribution line to which the service lines are connected. A notarized &amp;quot;[https://epg.modot.org/forms/general_files/DE/ReportOnPersonalService.docx Report of Personal Service]&amp;quot; will be completed when notification by certified mail is not used.&lt;br /&gt;
&lt;br /&gt;
One copy of the hearing notice and attachments, &amp;quot;[https://epg.modot.org/forms/general_files/DE/ReportOnPersonalService.docx Report of Personal Service]&amp;quot; and certified mail notices are to be submitted to CCO after notification is complete.&lt;br /&gt;
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Prior to the hearing, the district&#039;s representative will become familiar with the details of the utility adjustment in order to provide concise testimony to expedite the hearing process. CCO will assign an attorney to work with the district and present the case.&lt;br /&gt;
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Refer to 7 CSR 10-3.030 020 Utility Relocation Hearings for additional information.&lt;br /&gt;
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A Waiver of Hearing should be obtained for non-reimbursable adjustments to document the commitment of the utility owner to adjust its utility facilities without adversely impacting the highway construction project. This may be accomplished informally via written communications between the district utilities staff and the utility owner’s representative. A [https://epg.modot.org/forms/general_files/DE/WaiverOfHearingForm.docx formal Waiver of Hearing statement] may be requested by either MoDOT or the utility owner. A [https://epg.modot.org/forms/general_files/DE/WaiverOfHearingLetter.docx sample transmittal letter for the Waiver of Hearing] is available. For reimbursable or partially reimbursable adjustments, the formal agreement serves as the basis of documentation of this commitment.&lt;br /&gt;
&lt;br /&gt;
==643.2.9 Estimates==&lt;br /&gt;
District utilities staff will negotiate with utility owners to determine reimbursable costs of the necessary adjustments to allow highway construction ([[#643.2.8_Cost_Responsibility|EPG 643.2.8 Cost Responsibility]]). These estimates are prepared in accordance with the provisions of 23 CFR 645 and any amendment thereto. These estimates must reflect the same procedures and costs used by the utility owners in their normal operations and must also accurately represent the expected costs of the work. The utility owner’s estimate will be reviewed by the district utilities staff to ensure compliance with 23 CFR 645.&lt;br /&gt;
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===643.2.9.1 Independent Cost Estimate===&lt;br /&gt;
The independent cost estimate provides the basis for district utilities staff to review the utility owner’s estimate of costs of the necessary utility adjustments to allow highway construction and any subsequent negotiations with the utility owner. The district utilities staff should prepare an independent cost estimate. The independent cost estimate may be based on unit prices of anticipated items of work in a utility adjustment necessary to allow highway construction. The independent cost estimate alternately may be based on recent similar types of utility adjustments necessary to allow highway construction and scaled for size. Consultants can be used to develop the independent cost estimate. All documentation of the independent cost estimate should be placed in MoProjects.&lt;br /&gt;
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===643.2.9.2 Type of Project Cost Estimates===&lt;br /&gt;
Either Actual Cost or Lump Sum estimates may be used for estimating the costs on the necessary utility adjustments to allow highway construction. If an Actual Cost estimate is used, detailed records of materials, labor, and equipment are made by district utilities and/or construction staff during construction, and a final audit of the utility owner’s cost records is made to determine the Commission’s actual responsibility for costs of the adjustment completed to allow highway construction. If a Lump Sum estimate is used, a final audit of costs for an adjustment in payment is not required. The Actual Cost method requires more detailed record keeping and documentation by the utility owner and district staff during construction. The Lump Sum method requires more upfront detail and work by the utility owner and judgment on the district utilities staff on the acceptability of the cost. The district utilities staff will work with the utility owner’s representative to determine the best type of estimate and therefore agreement to use.&lt;br /&gt;
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====643.2.9.2.1 Actual Cost Estimate====&lt;br /&gt;
The cost estimate that supports the actual cost agreement is prepared in sufficient detail to determine the reasonable expected cost of the work to support development of an agreement between the utility owner and the Commission. However, reimbursement is based on the actual costs of design and construction of the necessary adjustment to allow highway construction. The [https://epg.modot.org/forms/general_files/DE/ActualCostCostEstimate_Example.docx actual cost estimate] should detail all costs of the necessary adjustment to allow highway construction, even if the Commission is only responsible for a portion of the costs as detailed in EPG [[#643.2.8.3_Shared_Responsibility|643.2.8.3 Shared Responsibility]].&lt;br /&gt;
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[https://epg.modot.org/forms/general_files/DE/ActualCostCostEstimate_Example.docx Actual cost estimates] can be used for any dollar amount of reimbursement.&lt;br /&gt;
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====643.2.9.2.2 Lump Sum Estimates====&lt;br /&gt;
The cost estimate that supports the lump sum agreement must be accurate, comprehensive, verifiable, and in sufficient detail to present a clear picture of the work involved and the cost of the individual items. The estimate may cover only that portion of the adjustment for which the Commission is responsible for the costs of the necessary utility adjustments to allow highway construction.&lt;br /&gt;
[https://epg.modot.org/forms/general_files/DE/LumpSumCostEstimate_Example.docx Lump sum estimates] are limited to a maximum of $200,000 of Commission responsibility of costs of the necessary utility adjustments to allow highway construction; however, exceptions may be made for special situations that have prior approval from Design Division. These exceptions usually cover major relocations for which the Commission&#039;s proportionate responsibility is extremely small.&lt;br /&gt;
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===643.2.9.3 Utility Cost Estimate Requirements===&lt;br /&gt;
Whether using an Actual Cost or Lump Sum estimate, the following should be included in the estimate, if applicable. If any of the following sections are not included in the estimate, a qualifying statement as to why the costs were not included should be provided.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.1 Scope of Work====&lt;br /&gt;
All estimates require a concise summary of the work to be performed on the estimate. An example is &amp;quot;an estimate of cost covering the work of relocating Company&#039;s 12-inch Cushing-Woodriver pipeline to accommodate construction of Route 47 in Franklin County on Job No. J6P0172&amp;quot;.&lt;br /&gt;
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====643.2.9.3.2 Engineering Costs====&lt;br /&gt;
Costs of engineering, whether preliminary or construction, must be shown as separate items and are not to be included with &amp;quot;labor costs&amp;quot;. Concurrent cost accounting procedures of FHWA and MoDOT make this a necessity. See [[#643.2.6_Preliminary_Engineering_Requirements|EPG 643.2.6 Preliminary Engineering]] and [[#643.2.16.2_Construction_Contract_Requirements|EPG 643.2.16.2 Construction Contract Requirements]] for further information.&lt;br /&gt;
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====643.2.9.3.3 Right of Way Costs====&lt;br /&gt;
A detailed estimate of the cost to acquire replacement easements by the utility owner is required. The cost should be supported by a right of way plan.&lt;br /&gt;
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====643.2.9.3.4 Material Costs====&lt;br /&gt;
Quantities, description of the item, the unit cost, and the extended totals are shown. Percentage computations will be shown immediately following &amp;quot;total cost&amp;quot; so the utility owner’s and Commission&#039;s cost obligations are properly indicated. Unit assembly costs similar to those used by several of the rural electric association (R.E.A.) cooperatives are acceptable, provided the same units and charges are used in the utility owner’s regular operations. A handling charge conforming with the utility owner’s regular procedures may also be included.&lt;br /&gt;
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====643.2.9.3.5 Labor Costs====&lt;br /&gt;
Hours, individual or crew rates, and extended totals are shown. Payroll additives such as insurance, retirement, social security, vacation, and other benefits are shown as a separate item under this heading in accordance with utility owner’s regular procedures. Adequate explanation must be given for total percentage used, especially in those cases where materials and labor are combined as unit costs or where labor percentages include additives and equipment requirements.&lt;br /&gt;
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====643.2.9.3.6 Equipment Costs====&lt;br /&gt;
A description of the equipment to be used must be shown jointly with the number of hours to be charged. Rates charged for equipment usage must be justified by the utility owner’s established accounting procedures. When the utility owner does not have an established accounting procedure or a capitalization and depreciation schedule that is used in its own operations, the rates are to be established by using rental rate publications as a guide. A reasonable amount will be deducted, when using rental rate schedules, for profit that the rental company realizes. A full explanation of the methods used in establishing the rates must also be submitted to support the utility owner’s request and with approval of the district utilities staff.&lt;br /&gt;
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Equipment may be rented when the utility owner’s equipment is not available or is inadequate, with the rental rate justified by appropriate solicitation of bids. See [[#643.2.16.2_Construction_Contract_Requirements|EPG 643.16.2 Construction Contract Requirements]] for further information.&lt;br /&gt;
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Unusual accounting procedures may be accepted with adequate prior explanations and approval of the Design Division.&lt;br /&gt;
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====643.2.9.3.7 Removal Costs====&lt;br /&gt;
These costs are estimated and shown in a similar method but separately from installation costs. When removal costs exceed salvage credits by more than the estimated cost of removal by the roadway contractor, an effort should be made to persuade the utility owner to abandon the utility facilities in place. An exception is made when the utility owner is required to remove abandoned utility facilities because of liability, hazard, or by specific agreement with the Commission. Abandoned utility facilities can be included with the miscellaneous removals in the roadway contract. It may be possible for the utility owner to remove those portions of the utility facility for which credits will exceed removal costs, with the remainder of the utility facility to be abandoned for removal in the roadway contract. Materials removed must be itemized, with the utility owner’s customary salvage credit given. Items to be scrapped or junked should be indicated. Whenever a utility facility or portion thereof is shown to be abandoned on the plan of adjustment, the roadway plans should be notated accordingly. This eliminates ownership problems if these utility facilities are removed or salvaged by the roadway contractor.&lt;br /&gt;
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When the utility facility is no longer needed and removal is necessary to accommodate the roadway project, the removal of the item may be handled either as a right-of way-item or a utility adjustment. When handled as a right of way item, the damages allowed are to equal the depreciated value of the utility facility, with the necessary removals being accomplished by the roadway contractor. If accomplished as a utility adjustment, the Commission, by utility agreement, will reimburse the utility owner for removal costs and receive salvage credit for the material removed, up to but not exceeding removal costs.&lt;br /&gt;
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====643.2.9.3.8 Salvage of Removed Materials====&lt;br /&gt;
This statement, to explain the salvage credit or lack of credit, will reflect routine utility owner policy as well as the particular situation. The utility owner will place a value on any recovered material for salvage. District utilities staff should check this value for reasonableness. Examples of salvage statements include:&lt;br /&gt;
* Existing utility facilities to be abandoned in place, since the cost of salvaging, based on our past experience, will exceed their value.&lt;br /&gt;
* Only those items will be salvaged for which salvage credit will exceed the cost of removal and salvage.&lt;br /&gt;
* Company liability requires removal of the retired utility facilities, even though the cost of removal will exceed allowable credit for salvage.&lt;br /&gt;
* Salvage credits are in accordance with established company accounting procedures.&lt;br /&gt;
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====643.2.9.3.9 Accrued Depreciation Credits====&lt;br /&gt;
Credit is required for the accrued depreciation of a utility facility that is being replaced. Examples are a building, structure, pumping station, filtration plant, power plant, substation, or other similar operational unit. Credit for accrued depreciation will not be required for a segment of the utility&#039;s service, distribution, or transmission lines. It is also not required when the building or structure is being moved as necessitated by the highway project. Acceptable accrued depreciation credit will be determined by using the following formula:&lt;br /&gt;
:&amp;lt;math&amp;gt;\frac{Actual \; Length \; of \; Service \; of \; Replaced \; Facility \; (Years)}{Total \; Estimated \;  Service \; Life \; of \; Replaced \; Facility \; (Years)} \times Original \; Cost \; (\$) = Credit&amp;lt;/math&amp;gt;&lt;br /&gt;
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====643.2.9.3.10 Betterment Credits====&lt;br /&gt;
Betterment means the upgrading of the utility facility being relocated, made solely for the benefit of and at the election of the utility owner and is not attributable to the roadway improvement. Credit to the Commission is required for the additional costs incurred for the betterments introduced in the adjusted utility facility. No betterment credit is required for additions or improvements which are:&lt;br /&gt;
* Required by the highway project&lt;br /&gt;
* Replacement devices or materials that are of equivalent standards although not identical&lt;br /&gt;
* Replacement of devices or materials no longer regularly manufactured with next highest grade or size&lt;br /&gt;
* Required by law under governmental and appropriate regulatory commission code&lt;br /&gt;
* Required by current design practices regularly followed by the utility owner in its own work, and there is a direct benefit to the highway project&lt;br /&gt;
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====643.2.9.3.11 Overhead Costs====&lt;br /&gt;
Overhead costs are usually a percentage of the total labor cost. This item must be in accordance with the utility owner’s established accounting procedures, which in some cases may include handling costs or be a percentage of the total cost of the work involved. Additional attention to overhead costs is required when the rate is different from previously accepted rates. Occasionally, it can be difficult to obtain the necessary information at the time of the estimate to approve the overhead rates. In this situation, the estimate can be approved with exception of the overhead rates for payment. The utility owner is informed of this matter with the understanding that the overhead rates could be approved and paid with submission of appropriate supporting data and Financial Services audit review.&lt;br /&gt;
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====643.2.9.3.12 Prorating Costs====&lt;br /&gt;
The need for prorating utility adjustment costs occurs when both the Commission and the utility owner are responsible for a portion of the utility adjustment necessary to allow for highway construction, and the actual costs for reimbursement in each category cannot be explicitly determined. Generally, the following conditions require division of costs:&lt;br /&gt;
* The adjustment is considered partially reimbursable per [[#643.2.8.3_Shared_Responsibility|EPG 643.2.8.3 Shared Responsibility]]&lt;br /&gt;
* Betterments are included in the necessary adjustment of the utility facility&lt;br /&gt;
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The district utilities staff should negotiate with the utility owner’s representative to determine an equitable basis for the prorating of costs based on the characteristics of the utility adjustment necessary to allow for highway construction.&lt;br /&gt;
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====643.2.9.3.13 Costs Records====&lt;br /&gt;
The estimate should include a statement as to where the utility owner’s cost records may be reviewed. An example: &amp;quot;Company cost records will be available in our office at 2134 Industrial Avenue, Tulsa, Oklahoma&amp;quot;.&lt;br /&gt;
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====643.2.9.3.14 Other====&lt;br /&gt;
Additional statements will explain or further clarify the work that is included. Such other items may include bypasses, special equipment, need for larger utility facilities, etc.&lt;br /&gt;
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==643.2.10 Schedule==&lt;br /&gt;
Timely adjustments of utility facilities are essential for efficient completion of highway construction projects. Ideally, all utility adjustments are completed prior to a project’s Plans, Specifications, and Estimate (PS&amp;amp;E) submittal to Central Office. Depending on the specifics of the highway construction and utility adjustment necessary, early completion of the utility adjustment may not be practical. The district utilities staff should negotiate with the utility owner to determine the schedule parameters necessary for the utility adjustment. At a minimum, the utility owner should document the dates it anticipates starting and completing the work. If a utility adjustment depends upon the completion of a portion of the highway construction, the necessary milestone for starting the utility adjustment should be documented along with an anticipated number of working days to complete the utility adjustment. The schedule is included as Exhibit “C” to the agreement.&lt;br /&gt;
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==643.2.11 Pre-Audits==&lt;br /&gt;
The district utility staff performs a pre-audit review and approval prior to preparation of the agreement. A [https://epg.modot.org/forms/general_files/DE/PreAuditChecklist.docx pre-audit checklist] should be completed and saved in MoProjects.&lt;br /&gt;
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==643.2.12 Utility Agreements==&lt;br /&gt;
Whenever the Commission is responsible for the cost of the necessary adjustments to allow highway construction, an agreement is required. If a Master Reimbursable Utility Agreement (see [[#643.2.12.2_Master_Reimbursable_Utility_Agreements|EPG 643.2.12.2]]) has not been executed with the utility owner, a Project Specific Agreement (see [[#643.2.12.3_Project_Specific_Agreements|EPG 643.2.12.3]]) is executed between the utility owner and the Commission. In some cases, it may be more practical for the Commission to include adjustment of utilities into a Commission administered contract. A Utility Agreement - Actual Cost (For Utility Work That is to be Included in the Missouri Highways and Transportation Commission&#039;s Road Project) (see [[#643.2.12.4_Agreement_for_Utility_Work_Included_in_Roadway_Improvement_Project|EPG 643.2.12.4]]). Agreements include a plan of adjustment (Exhibit “A”), cost estimate (Exhibit “B”), and schedule (Exhibit “C”).&lt;br /&gt;
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The Utility Agreement boilerplate forms have been approved by the Chief Counsel’s Office (CCO). They are identified in the upper left-hand corner of each agreement by an identifier such as CCO Form: UT01 for the Master Reimbursable Utility Agreement. CCO updates these agreements as necessary. They serve as a guide in the preparation of the agreement to be executed with the utility owner for the adjustments required to their utility facilities to accommodate the proposed roadway improvement project. District utilities staff should use the latest version of the agreement found in [https://netprod3.dot.missouri/eAgreements/Search/QuickSearch eAgreements] in drafting an agreement with utility owners. A list of utility agreements and detailed information concerning the sequence for preparing and executing an agreement is available in  [[:Category:153_Agreements_and_Contracts|EPG 153 Agreements and Contracts]].&lt;br /&gt;
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These forms are to be used word for word. Revisions or additions are only made to address specific project details. The intent of each paragraph must be retained, although specific words may be revised to fit the particular situation. No paragraphs are deleted without prior approval from CCO. For guidance on acceptance of liability, refer to the [[:Category:153_Agreements_and_Contracts#153.1.1.2_Acceptance_of_Liability_Policy_(MoDOT_Access_Only)|Acceptance of Liability Policy]] at the CCO SharePoint page. Drafts of agreements having major revisions or complications are to be submitted, with supporting data, to Design Division for comment and approval.&lt;br /&gt;
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A reference to 23 CFR 645 is included in all agreements. Utility owners must be acquainted with these requirements and procedures. The incorporation of 23 CFR 645 by reference in all agreements eliminates the need for a second set of regulations to be included in the document.&lt;br /&gt;
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The agreement for the adjustment of a utility is prepared by the district utilities staff and submitted to the utility owner for execution. The agreement is based on the plan, estimate of cost which was prepared in accordance with 23 CFR 645, and schedule. Authorized individuals representing the utility owner will execute the agreement. The agreement must be signed, sealed, and if necessary, notarized by the utility owner. If the utility owner does not have or use a corporate seal, write &amp;quot;NO SEAL&amp;quot; under the signatures of the owner’s officers. Agreements with political subdivisions are to be supported by an appropriate ordinance, a copy of which is to be submitted with the executed agreements. All copies will be forwarded to the CCO for further handling. A fully executed copy of the agreement will be retained in eAgreements. If the agreement was executed using electronic signatures, the district utilities staff should forward an electronic copy of the fully executed agreement to the utility owner. If the agreement was executed using wet signatures, one (1) paper copy of the fully executed agreement will be returned by the Commission Secretary’s Office to the district utilities staff. The district utilities staff will forward this copy to the utility owner.&lt;br /&gt;
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===643.2.12.1 Buy America Build America Requirements===&lt;br /&gt;
All agreements contain information on Buy America Build America (BABA) compliance. The utility owner should select the method of certification (See [[#643.2.19_Buy_America_Build_America_for_Utilities|EPG 643.2.19]]) at the time of agreement completion. The appropriate paragraph will be inserted into the agreement. All BABA compliance documents must be retained by the utility owner and made available upon request at no cost to the Commission and/or FHWA.&lt;br /&gt;
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====643.2.12.1.1 Utility Owner Self-Certification====&lt;br /&gt;
The City/Company certifies that when determining products/materials subject to Buy America Build America requirements to use in the performance of this Agreement, it shall use only such products/materials for which it has received a certification from its supplier, or provider of construction services that procures the product/material, certifying compliance with Buy America Build America requirements. This does not include products/materials for which waivers have been granted pursuant to 23 CFR 635.410. The City/Company will not be required to provide the Commission copies of the supplier certification as part of this Agreement or with the final invoice of said Commission’s Federal-Aid Highway Construction Project.&lt;br /&gt;
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====643.2.12.1.2 Vendor/Manufacturer Certification====&lt;br /&gt;
The City/Company certifies that when determining products/materials subject to Buy America Build America requirements to use in the performance of this Agreement, it shall use only such products/materials for which it has received a certification from its supplier, or provider of construction services that procures the product/material, certifying compliance with Buy America Build America requirements. This does not include products/materials for which waivers have been granted pursuant to 23 CFR 635.410. The City/Company shall provide to the Commission all Buy America compliance documents as outlined in the Commission’s Engineering Policy Guide 643. All required compliance documents shall accompany the final invoice submitted to the Commission.&lt;br /&gt;
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===643.2.12.2 Master Reimbursable Utility Agreements===&lt;br /&gt;
The UT01: Master Reimbursable Utility Agreement (MRUA) is a statewide agreement that has been executed by the utility owner and the Commission for all future reimbursable utility adjustments between both parties. Once a MRUA is executed, no other utility agreements are required on design-bid-build projects. The district utilities staff should encourage utility owners to enter into a MRUA with the Commission to reduce potential future delays in executing a project specific agreement. A list of previously executed [https://modotgov.sharepoint.com/sites/DE/Utilities/Agreements/MRUA%20-%20Existing?csf=1&amp;amp;web=1&amp;amp;e=4LJHoa Master Reimbursable Utility Agreements (Modot Access Only)] is available. District utilities staff should add newly executed agreements to this list. The MRUA can be employed as either an actual cost ([[#643.2.12.3.1_Actual_Cost_Agreements|EPG 643.2.12.3.1]]) or lump sum ([[#643.2.12.3.2_Lump_Sum_Agreements|EPG 643.2.12.3.2]]) agreement. When the reimbursable adjustment will utilize a MRUA, the district utilities staff will prepare a MRUA correspondence letter (“letter agreement”) referencing the executed MRUA. A copy of the MRUA correspondence letter should be saved in MoProjects for reference by Financial Services, the district construction office, and the district staff responsible for inspection of utility adjustments. All project specific items such as type of agreement (actual cost or lump sum), plan of adjustment, estimated total cost, cost allocation, and schedule are addressed in the MRUA correspondence letter from the district utilities staff to the utility owner. A [https://epg.modot.org/forms/general_files/DE/flowchart.pdf flowchart of the MRUA process] is available.&lt;br /&gt;
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===643.2.12.3 Project Specific Agreements===&lt;br /&gt;
If a utility owner does not have a MRUA with the Commission, a project specific agreement will be required for every project for which the Commission is responsible for the necessary adjustments to allow highway construction. The project specific agreement will be either an actual cost ([[#643.2.12.3.1_Actual_Cost_Agreements|EPG 643.2.12.3.1]]) or lump sum ([[#643.2.12.3.2_Lump_Sum_Agreements|EPG 643.2.12.3.2]]) agreement.&lt;br /&gt;
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====643.2.12.3.1 Actual Cost Agreements====&lt;br /&gt;
The UT03: Utility Agreement – Actual Cost is used when detailed estimates are not practical or costs appear to be questionable. Details on actual cost estimates can be found at [[#643.2.9.2.1_Actual_Cost_Estimate|EPG 643.2.9.2.1 Actual Cost Estimates]]. Once the final invoice on a UT03 is submitted to Financial Services, district utilities staff should change the status on the agreement in eAgreements to completed.&lt;br /&gt;
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====643.2.12.3.2 Lump Sum Agreements====&lt;br /&gt;
The UT02: Utility Agreement – Lump Sum eliminates the need for keeping detailed records of cost and the auditing of cost records. Estimates of cost must be prepared in detail for use of this agreement. When detailed estimates are not practical or costs appear unreasonable, actual cost agreements are to be used. Use of special forms of agreements, such as &amp;quot;subordination agreements&amp;quot;, which are desired by certain utility owners, is acceptable. These, too, must be revised to cover the particular situation. Details on lump sum estimates can be found at [[#643.2.9.2.2_Lump_Sum_Estimates|EPG 643.2.9.2.2 Lump Sum Estimates]]. Once the final invoice on a UT02 is submitted to Financial Services, district utilities staff should change the status on the agreement in eAgreements to “completed”.&lt;br /&gt;
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===643.2.12.4 Agreement for Utility Work Included in Roadway Improvement Project===&lt;br /&gt;
The UT04: Utility Agreement - Actual Cost (For Utility Work That is to be Included in the Missouri Highways and Transportation Commission&#039;s Road Project) allows for the adjustment to be based on actual cost with the roadway contractor performing the utility work. Caution should be exercised in the type of utilities to be relocated in roadway contracts. Utilities recommended are waterlines and sewer lines. Other utilities, such as gas lines, communication lines, and power lines are to be studied thoroughly before being included in the project.&lt;br /&gt;
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The Transportation Project Manager and district utilities staff must plan ahead to get this work in the roadway contract. The utility owner must agree to include the utility adjustment in the roadway contract. The adjustment may be on highway right of way or on private easement in the name of the utility owner. The utility owner can agree to allow MoDOT’s contractor to work in its easement. However, district utilities staff in consultation with district right of way staff should review the easement documentation to verify the utility owner’s rights to the easement and any limitations on its use. MoDOT’s contractor can work and operate on both Commission right of way and on the utility easement, even when not directly connected to the Commission right of way, as part of the job site. Temporary construction easements may be necessary in addition to the utility easement to ensure adequate working room for the contractor.&lt;br /&gt;
&lt;br /&gt;
:The utility owner may request exemption to any liability for negligence of our contractor working on their easement. The Commission can assume that liability (refer to [[:Category:153_Agreements_and_Contracts#153.1.1.2_Acceptance_of_Liability_Policy_(MoDOT_Access_Only)|Acceptance of Liability Policy]]), but it should be included in the utility agreement if so desired by the utility owner. A Job Special Provision is necessary to require the MoDOT contractor to hold the utility harmless from all claims due to contractor negligence.&lt;br /&gt;
&lt;br /&gt;
Subsurface information, i.e. boring data, etc., should be obtained by the utility owner since it may be needed for the design of the utility adjustment. This information should be included in the plans. If the utility owner must bear all or part of the cost of the adjustment, the utility owner must agree to pay a pre-deposit to the Commission prior to opening bids on the project. This should be in the utility agreement. The pre-deposit will be credited to the &amp;quot;Missouri Highway and Transportation Commission - Local Fund.&amp;quot; Any interest earned in the fund will apply to the cost of the adjustments. The utility agreement will include language that the utility will inspect the installation and assume maintenance of the utility facility after construction. MoDOT will also provide engineering supervision to be sure the road contractor is in compliance with the contract. Utility plans and specifications are to be approved by the owner prior to submittal to the Central Office. The following items will provide minimum information to allow MoDOT’s contractor to bid the work.&lt;br /&gt;
# Individual bid items (not &amp;quot;lump sum&amp;quot;) should be established to promote better bidding and to handle overruns and underruns. Bid items not included on the Computer Stored Bid Item list should be &amp;quot;99&amp;quot; numbers.&lt;br /&gt;
# he bid package must be in our letting format. If the package was prepared by a consultant as if the utility owner were going to let it, all bid bond or bidding procedures must be screened to remove requirements contrary to MoDOT letting requirements. District utilities staff should work with the Transportation Project Manager, Design Liaison Engineer, and Central Office Bidding and Contract Services to ensure this requirement is met.&lt;br /&gt;
# The specifications required by the utility owner should be reviewed for items that could cause a bid problem for our contractor. Items such as non-readily available materials or sizes should be avoided.&lt;br /&gt;
# Utility plan sheets should be .pdf files equivalent to 22 in. x 34 in. It is helpful to have a quantity sheet specifically for utility items.&lt;br /&gt;
# Any special procedures required for the utility installation should be included in the Job Special Provisions.&lt;br /&gt;
# The utility package should be submitted on-time to Central Office with other project plans.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.5 Agreement for a Utility Only Project===&lt;br /&gt;
Any of the above agreements can be modified for a utility only project separate from the roadway project. The utility only project may be done by forces hired by the utility owner or by the Commission. A separate utility only project has distinct advantages when the following occurs:&lt;br /&gt;
* The utility work is extensive&lt;br /&gt;
* It must be performed in accordance with the utility owner’s seasonal requirements&lt;br /&gt;
* It extends beyond the limits of the construction project&lt;br /&gt;
* It must be performed considerably in advance of the roadway contract&lt;br /&gt;
&lt;br /&gt;
Necessary environmental and design work is still required for the limits of the separate utility only project. It may be necessary in these cases to have a second agreement with the utility owner to cover any other work that must be performed concurrently with the roadway contract. These latter agreements will use the roadway construction job number. Early need for utility projects is to be determined at the time when the STIP is updated each year. The utility construction funds will be shown in the year right of way funds are assigned. This will be done whenever possible to secure early adjustment of utility facilities. A request by the district is sent to the Planning Division. Estimated dollar amounts for utility adjustments are needed. These are estimates and do not need to be extremely accurate. When a special utility project is established, it is preferred, if at all possible, to include all the utility adjustments necessary for the entire roadway project. If funds are available, additional agreements can be added to this utility project until the final invoice for the first completed agreement is received for payment.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.6 Supplemental Agreements===&lt;br /&gt;
For utility owners with a UT01 agreement, a supplemental letter agreement documenting the change in the scope or cost of the work is acceptable.&lt;br /&gt;
&lt;br /&gt;
The UT05: First Supplemental Agreement is used to document changes to UT02 and UT03 agreements. If changes to the scope of work occur that are anticipated to exceed $100,000 or 15% of the original agreement, a UT05 is required. If the final invoice on an actual cost adjustment without changes in the scope of work exceeds the limits shown in the table below, a UT05 is required.&lt;br /&gt;
&lt;br /&gt;
{| class=&amp;quot;wikitable&amp;quot; style=&amp;quot;margin-left: 25px; text-align:center&amp;quot;&lt;br /&gt;
! Amount in Original Actual Agreement !! Final Bill Total Exceeds Original Amount by:&lt;br /&gt;
|-&lt;br /&gt;
| 0-$25,000 || 50%&lt;br /&gt;
|-&lt;br /&gt;
| $25,000-$100,000 || 40%&lt;br /&gt;
|-	&lt;br /&gt;
| Exceeds $100,000 || 30%&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
Should multiple UT05s be required with the same utility owner, the UT05 should be modified for additional supplemental agreements. Once the final invoice on an UT05 is submitted to Financial Services, district utilities staff should change the status on the agreement in eAgreements to “completed”.&lt;br /&gt;
&lt;br /&gt;
==643.2.13 Utility Adjustments in Roadway Plans and Job Special Provisions (JSPs)==&lt;br /&gt;
It is the responsibility of the MoDOT Transportation Project Manager (TPM) to ensure utility plans of adjustment are shown on the project plans at the Plan, Specification, and Estimate (PS&amp;amp;E) stage based upon information coordinated by the district utilities staff with the appropriate utility owner.&lt;br /&gt;
&lt;br /&gt;
===643.2.13.1 Plans===&lt;br /&gt;
A legend showing all applicable utility symbols and the names of the utility owners is shown on the first special utility sheet. In the absence of special utility sheets, this information may be shown on the title sheet or the first plan and profile sheet. The following note is required to be placed on the title sheet or the first plan and profile sheet and the first special utility sheet (if used) to inform contractors of the suitability of the utility information contained on the plans.&lt;br /&gt;
&lt;br /&gt;
&amp;quot;The existence and approximate location of utility facilities known to exist, as shown on the plans, are based on the best information available to the Commission at this time. This information is provided by the Commission &amp;quot;as-is&amp;quot; and the Commission expressly disclaims any representation or warranty as to the completeness, accuracy, or suitability of the information for any use. Reliance upon this information is done at the risk and peril of the user, and the Commission shall not be liable for any damages that may arise from any error in the information&amp;quot;.&lt;br /&gt;
&lt;br /&gt;
===643.2.13.2 Job Special Provisions===&lt;br /&gt;
Since the addition of utility information on the plans, supplied by a third party, could subject the Missouri Highway and Transportation Commission to additional liability, a Utility JSP reflecting the status of utility adjustments will be required. The JSP will include the name, address, e-mail address, and telephone number of all utility owner representatives for all utility facilities located on the project. The anticipated adjustment completion date for each utility adjustment is also to be shown based on the agreed upon dates, durations, or completion dates with the utility owner’s representative. This information will inform the bidder of the status of utilities for proper work coordination that could affect the bids for the proposed highway construction project. Status notations will include general notations such as: “N/A”, “Work is in progress”, “Work has not started”, “Work is complete”, and “Work is included in contract.”&lt;br /&gt;
&lt;br /&gt;
===643.2.13.3 PS&amp;amp;E Submittal===&lt;br /&gt;
In the District Final Plans Submittal Checklist (D-12), the TPM should note any issues related to existing utility facilities or the adjustment of utility facilities either shown or not shown on the plans. Projects with “No Utility Impacts” such as some overlays, striping, bridge washing, etc. do not need a Utility Status Letter or Utility JSP. The D-12 is used for these projects. In the D-12, under Project Details – “Utilities”, the note “NO” is selected and under “Status”, select “Clear”. For all other projects, the district utilities staff will write a [https://epg.modot.org/forms/general_files/DE/utilitystatusletter Utility Status Letter]. The TPM will include the Utility Status Letter with the submittal of the final plans to the Design Division. The Utility Status will be defined as:&lt;br /&gt;
# Utility facilities are present, but no conflict is anticipated with the highway construction project. Or,&lt;br /&gt;
# All utility facilities requiring adjustment to allow highway construction have been physically adjusted on the project. Or,&lt;br /&gt;
# Utility construction work is planned or active and will be completed to such a point that no impact will be expected to the highway construction project. The status of this work is defined in the utility JSP. Or,&lt;br /&gt;
# Utility facilities are not expected to be adjusted by the notice to proceed date for the road project, but the utility work will have no impact on the progress of the highway construction project. The status of this work is defined in the utility JSP. Or,&lt;br /&gt;
# Utility facilities must be adjusted after the road contractor completes stage construction or in coordination with the contractors’ work. Details of the coordination effort required of the contractor are defined in the utility JSP to properly advise bidders. Or,&lt;br /&gt;
&lt;br /&gt;
# Utility adjustment plans and specifications are included in the bid documents for the highway construction project. A UT04 agreement must be executed.&lt;br /&gt;
&lt;br /&gt;
==643.2.14 Payment to Utility Companies for Reimbursable Work==&lt;br /&gt;
Authorization and federal funding obligation must be approved prior to incurring costs. This applies to all types of work on utility facilities including preliminary engineering. An obligation is a commitment by the federal government to reimburse MoDOT for the federal share of a project’s eligible cost.&lt;br /&gt;
&lt;br /&gt;
===643.2.14.1 Obligation Process===&lt;br /&gt;
Federal funding can be used with both lump sum and actual cost agreements. After the utility agreement is fully executed, the district utilities staff will email a copy of the utility agreement or the letter agreement referencing the MRUA to the email group OBLIGATE. This email should request the authorization authority for use of federal funds and to be informed of a Notice to Proceed (NTP) (see [[#643.2.15_Notice_to_Proceed|EPG 643.2.15]]) date by Financial Services once federal funding has been obligated. District utilities staff should allow three (3) weeks to receive the NTP. Financial Services will use Advance Construction (AC) funding to fund reimbursement to utility owners. With AC funding, state funds initially are used to pay for reimbursement to utility owners. Once construction is complete, with appropriate documentation of the work via the [https://epg.modot.org/forms/general_files/DE/C-9.docx C-9] and [https://epg.modot.org/forms/general_files/DE/C-13.docx C-13], Financial Services will convert to federal funding.&lt;br /&gt;
&lt;br /&gt;
===643.2.14.2 Preliminary Engineering===&lt;br /&gt;
On occasion, preliminary engineering (PE) may need to be undertaken by the utility owner prior to the execution of a utility agreement. If a utility owner has a MRUA, an estimate of the cost of the PE work by the utility owner may be used to obligate funding for preliminary engineering under the MRUA as a PE only letter agreement. If a lump sum or actual cost agreement will be required with the utility owner for the project, district utilities staff should do two (2) agreements with one agreement covering PE only, and once a design for the adjustment is obtained, a second agreement for the construction of the adjustment should be executed. If a separate PE only agreement is obtained, NTP will need to be issued twice to the utility owner: once for PE and once for construction.&lt;br /&gt;
&lt;br /&gt;
===643.2.14.3 Right of Way===&lt;br /&gt;
Once Notice to Proceed has been given, the utility owner may begin the right of way acquisition process. If the utility owner needs to acquire right of way prior to a full agreement for relocation has been negotiated, the agreement specifically for the acquisition of right of way should be executed. This agreement will be sent to Financial Services to begin the obligation process.&lt;br /&gt;
&lt;br /&gt;
===643.2.14.4 Construction===&lt;br /&gt;
Payment to utility owners for construction of the adjustment may occur in a number of phases.&lt;br /&gt;
&lt;br /&gt;
====643.2.14.4.1 Prepayment====&lt;br /&gt;
Per the utility agreement, the Commission allows utility owners to be prepaid prior to commencing work. The district utilities staff may negotiate the prepayment if the utility owner is receptive. The utility owner will submit a request for prepayment with an invoice prior to any prepayment. Route, county, and job number must be included in the request. The district utilities staff will submit a request to Financial Services with a copy saved in MoProjects for future reference by the district staff responsible for inspection of the utility adjustment.&lt;br /&gt;
&lt;br /&gt;
====643.2.14.4.2 Progress Payments====&lt;br /&gt;
If a utility owner has not been prepaid the entire estimated amount in the utility agreement, then the utility owner may request progress payments after completing a portion of the proposed work, including PE.&lt;br /&gt;
&lt;br /&gt;
Progress payments for PE by consultants should not exceed the &amp;quot;maximum not to exceed amount&amp;quot; shown in the cost estimate unless additional costs are approved first by district utilities staff.&lt;br /&gt;
&lt;br /&gt;
For progress payments, the utility owner is required to submit only a summary of work and materials for which payment is claimed, not a detailed billing. District utilities staff should check only to be sure that sufficient work has been done to justify making the requested payment. Payment should be made for allowable costs incurred up to the date of the progress payment request.&lt;br /&gt;
&lt;br /&gt;
Progress payment invoices do not relieve the utility owner of the responsibility of submitting one complete and final invoice upon completion of the adjustment. The utility owner’s address must be shown on the invoice. The district utilities staff should submit progress payment invoices and applicable C-9s to Financial Services within one (1) week of receipt of invoice.&lt;br /&gt;
&lt;br /&gt;
One copy of the progress payment and one copy of the district utilities staff letter of recommendation must be sent to Financial Services for payment and be stored in MoProjects. The cover memo should include the project number, route, county, actual cost or lump sum utility agreement, Commission obligation percentage, total cost estimate of Commission obligation, and indicate the progress payment number, i.e., progress payment number 1, 2, 3, etc. If more than one progress payment is requested by the utility company, the district should submit progress payment bills to Financial Services in the following format:&lt;br /&gt;
{| class=&amp;quot;wikitable&amp;quot; style=&amp;quot;margin-left: 25px; text-align:center&amp;quot;&lt;br /&gt;
! Payment !! Amount&lt;br /&gt;
|-&lt;br /&gt;
| Progress Payment #1 || $50,000&lt;br /&gt;
|-&lt;br /&gt;
| Progress Payment #2 || 10,000&lt;br /&gt;
|-	&lt;br /&gt;
| Total Payment to Date || $60,000&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
This format will help clarify payment history with the utility owner. Progress payments for actual cost utility agreements may not exceed the Commission&#039;s total estimated cost shown in the agreement. However, if the request for a progress payment exceeds the original estimate, a change order with explanation should accompany the request. (See [[#643.2.16.5_Change_Orders|EPG 643.2.16.5 Change Orders]].)&lt;br /&gt;
&lt;br /&gt;
====643.2.14.4.3 Final Payment====&lt;br /&gt;
Utility owners are required to submit a detailed final invoice to MoDOT for all actual cost reimbursable utility work and for any lump sum reimbursable utility work that was not prepaid. For prepaid lump agreements, the utility owner must submit a zero-dollar ($0) invoice to demonstrate the work has been completed. After the utility work has been fully completed, the district utilities staff responsible for inspection should send the utility owner a “60 Day” [https://epg.modot.org/forms/general_files/DE/FinalInvoiceLetter.docx Final Acceptance Letter] requesting a complete final invoice within 60 days, as detailed in the utility agreement. If the final invoice is not received from the utility owner within 30 days, then a follow up letter should be sent (i.e., “30 Day” [https://epg.modot.org/forms/general_files/DE/FinalInvoiceReminderLetter.docx Reminder Final Invoice Letter]) reminding the utility owner of its obligation to submit a final invoice within 60 days of the completed work. If a final invoice from the utility owner is not received within this timeframe, then the district utilities staff should contact the Design Liaison Engineer for guidance on how to close out the work.&lt;br /&gt;
&lt;br /&gt;
The district utilities staff is expected to check the final bill within two (2) weeks after receipt in as much detail as possible against the C-9. It is their responsibility to verify from field records the quantities of labor, equipment, material used, material retired, and to justify all changes made. If the utility owner’s contractor made the adjustment at unit cost prices, then it is the district utility staff’s responsibility to verify the number of units completed and not the hours of labor and equipment. It is also important for the utility owner to show the words “final bill” or “final invoice” on the last bill, in order for MoDOT to understand that no additional charges will be made on the adjustment. The final bill must show a general description of the utility adjustment, the highway project number, the date on which work was completed or last item of billed expense was incurred, and the location where records can be audited. The order of items in the final statement should follow as closely as possible the order of items in the original estimate. A summary, on the utility owner’s letterhead, of the total cost of preliminary engineering, construction engineering, right of way, labor, overhead, construction travel expense, transportation, equipment, materials, supply, handling, and salvage credits should be shown in a way that will permit direct comparison with the approved estimate from the original or supplemental agreements (see [[#643.2.12.6_Supplemental_Agreements|EPG 643.2.12.6]]).&lt;br /&gt;
&lt;br /&gt;
If the Actual Cost final invoice shows a much higher cost than the original estimate without scope change, the utility owner is required to give reasons in a letter to the district utilities staff explaining why the invoice cost increased. When the Actual Cost final invoice exceeds the amount shown in the table in [[#643.2.12.6_Supplemental_Agreements|EPG 643.2.12.6]], a supplemental agreement is required.&lt;br /&gt;
&lt;br /&gt;
When the district utilities staff has determined that the final invoice is accurate, the C-13 should be completed. Once the C-13 is completed, the C-13 and the final invoice from the utility owner are forward to Financial Services. For Actual Cost agreements, the C-9s should also be included in this transmittal. If no additional payments are required, the district utilities staff should note this in the transmittal as well. If the final invoice indicates previous payments to a utility owner exceeded the final invoice, the utility owner will need to send MoDOT a check for the overpayment amount. The check should be made payable to Director of Revenue – Credit State Road Fund. If the utility owner did not send MoDOT an overpayment check with the final invoice, district utilities staff should send a letter to the utility owner requesting the refund amount. Submittal of the final invoice to Financial Services should not occur until repayment has been received. The submittal to Financial Services should note the receipt of the repayment check.&lt;br /&gt;
&lt;br /&gt;
==643.2.15 Notice to Proceed==&lt;br /&gt;
For PE only, once an agreement has been executed, and Financial Services has advised that authorization from FHWA has been received, district utilities staff will issue a notice to proceed (NTP) letter to the utility owner for the PE. For agreements that include PE and construction or once a final agreement for construction has been executed, right of way clearance has been issued, and Financial Services has advised that authorization from FHWA has been received, the district utilities staff will issue NTP to the utility owner for construction. See [https://epg.modot.org/forms/general_files/DE/NoticeToProceedExampleLetter.docx Example of Notice to Proceed Letter]. If salvage credit is part of the agreement with the utility owner, the NTP letter should include a statement that the utility owner will need to inform district utilities staff of the time and place that inspection may be made of the removed material. The utility owner may be held accountable for full value of materials disposed without proper notice. Utility owners may purchase materials prior to NTP for construction; however, no other work on the adjustment necessary to allow highway construction may begin prior to NTP for construction. The utility owner, for reasons of planning their workload or due to seasonal situations, may request early authorization to perform the work. This request, with the district utilities staff recommendations, is sent to the Design Liaison Engineer for further handling, approval, and advancement of the necessary funds. A copy of the NTP should be saved in MoProjects. If a utility owner begins adjustments prior to NTP for construction, district utilities staff should notify the utility owner immediately in writing that reimbursement will not be made for work done prior to NTP for construction.&lt;br /&gt;
&lt;br /&gt;
==643.2.16 Construction of Utility Adjustments==&lt;br /&gt;
===643.2.16.1 Utility Owner Self-Perform===&lt;br /&gt;
As per 23 CFR 645.115 Construction, it may be cost-effective for certain utility adjustments to be performed by a utility owner with its own internal forces and equipment, provided the utility owner is qualified to perform the work in a satisfactory manner. This cost-effectiveness finding covers minor work on the utility owner’s existing utility facilities routinely performed by the utility owner with its own forces.&lt;br /&gt;
&lt;br /&gt;
===643.2.16.2 Construction Contract Requirements===&lt;br /&gt;
When the utility owner is not adequately staffed and equipped to perform such work with its own forces and equipment at a time convenient to coordination with the associated highway construction, such work may be done one of four ways for utility adjustments:&lt;br /&gt;
# MoDOT can provide the construction services, via awarded contract to the lowest qualified bidder based on appropriate solicitation. This can be done by including the adjustment work in the roadway improvement project ([[#643.2.14_Payment_to_Utility_Companies_for_Reimbursable_Work|EPG 643.2.12.4 Utility Agreement for Utility Work Included in Roadway Improvement Project]]) or by having a utility only project ([[#643.2.12.5_Agreement_for_a_Utility_Only_Project|EPG 643.2.12.5 Utility Only Project]]).&lt;br /&gt;
# The utility owner can award a construction contract to the lowest qualified bidder based on appropriate solicitation.&lt;br /&gt;
# The utility owner can utilize an existing continuing contract, provided the costs are reasonable (see [[#643.2.9.1_Independent_Cost_Estimate|EPG 643.2.9.1 Independent Cost Estimate]]).&lt;br /&gt;
# The utility owner can contract for low-cost incidental work, such as tree trimming and the like, without competitive bidding, provided the costs are reasonable (see [[#643.2.9.1_Independent_Cost_Estimate|EPG 643.2.9.1 Independent Cost Estimate]]).&lt;br /&gt;
&lt;br /&gt;
When a utility owner chooses option 2 to award its own new construction contract, the utility owner must provide the following documents and information to the district utilities staff. These documents need to be provided as soon as the utility owner has chosen to pursue a construction contract. Document 1 must be supplied by all utility owners. Documents 2 and 3 are only required when the utility owner is a local government agency who is also a political subdivision of the state of Missouri (e.g., city-owned utilities, county-owned utilities). All other utility owners are encouraged, but not required, to provide Documents 2 and 3.&lt;br /&gt;
# A statement that the utility owner is not staffed or able to perform the required construction activities with its own forces.&lt;br /&gt;
# A copy of the request for proposal used to secure bids.&lt;br /&gt;
# A list of a minimum of 3 bidders whom they believe can do the work. &#039;&#039;&#039;Political subdivisions are required to advertise for the work&#039;&#039;&#039;.&lt;br /&gt;
# Upon review of these documents, the district utilities staff will advise the utility owner to proceed with the solicitation of bids, but the utility owner will not be permitted to award the contract without the concurrence of district utilities staff. For lump sum agreements, approval of contract work and subcontract work is not required.&lt;br /&gt;
&lt;br /&gt;
The following documents need to be provided as soon as the utility owner has determined the lowest qualified contractor and would like to award the project. Document 1 must be supplied by all utility owners. Document 2 is only required when the utility owner is a local government agency who is also a political subdivision of the state of Missouri (e.g., city-owned utilities, county-owned utilities). All other utility owners are encouraged, but not required, to provide Document 2.&lt;br /&gt;
# The name address of the lowest qualified contractor.&lt;br /&gt;
# The tabulation of bids received and other information to support their recommendation for award to the lowest qualified bidder.&lt;br /&gt;
&lt;br /&gt;
The district utilities staff will review and approve the utility owner&#039;s bid information prior to the award of the contract. The Design Liaison Engineer is available to assist the district with review of bid information if necessary. Once the district utilities staff provides concurrence, the utility owner may proceed with awarding the contract. When the utility owner is a local government agency who is also a political subdivision of the state of Missouri (e.g., city-owned utilities, county-owned utilities), a copy of the executed contract must be shared with the district utilities staff. All other utility owners are encouraged, but not required, to provide a copy of the executed contract.&lt;br /&gt;
&lt;br /&gt;
A [https://epg.modot.org/forms/general_forms/DE/UtilityConsultantContractChecklist.docx checklist is available for reviewing contracts] to ensure the contract conforms to MoDOT policy and complies with applicable federal regulations.&lt;br /&gt;
&lt;br /&gt;
When a utility owner chooses to utilize an existing continuing contract, the utility owner will submit a copy of the contract to the district utilities staff. The district utilities staff will review the contract for reasonableness of cost. If district utilities staff and the utility owner’s representative cannot agree on the reasonableness of cost, then the utility owner will be required to award a new construction contract.&lt;br /&gt;
&lt;br /&gt;
===643.2.16.3 Inspection===&lt;br /&gt;
The degree of inspection needed for utility adjustments will vary considerably with the nature and location of the work and whether the Commission is responsible for any portion of the cost of reimbursement. Judgment must be used regarding the manner and regularity of inspection duties. Some phases of the work require a very close check to ensure that the highway will not be adversely affected and to ensure satisfactory performance of work in accordance with the agreement and plans. The degree of inspection may vary from spot checking of overhead installations to continuous close observation of backfilling trenches beneath proposed pavement, embankment area, or adjacent to bridge abutments. Proper inspection can ensure that the utility adjustment is completed as efficiently as possible to minimize future impacts to the utility facility and the highway construction project. A [https://epg.modot.org/forms/general_files/DE/UtilityFieldInspectionChecklist.docx Field Inspection Checklist] to assist district utilities staff responsible for inspection is available.&lt;br /&gt;
&lt;br /&gt;
If it is found that any actual cost reimbursable utility adjustment is being performed by unapproved contractors, district utilities staff should direct the work to stop. The utility owner’s representative should be informed immediately and should be advised in writing that the costs incurred by an unapproved contractor are not eligible for reimbursement under provisions of the agreement. The district utilities staff can take appropriate steps to approve a subcontract and advise when the utility owner can recommence work.&lt;br /&gt;
&lt;br /&gt;
===643.2.16.4 Documentation===&lt;br /&gt;
All documents related to the construction of the utility adjustment necessary to allow highway construction should be stored in MoProjects.&lt;br /&gt;
&lt;br /&gt;
Construction records must be kept to confirm that work is done in accordance with the terms of the agreement and in the manner proposed in the plans. The importance of a complete and accurate record cannot be overemphasized. Detailed records are necessary to support the recommendation for payment of the final invoice. A complete, separate daily record must be kept on each actual cost adjustment and submitted for review when the final invoice is recommended for payment. This district utilities staff responsible for inspection should complete the Daily Utility Report (C-9).&lt;br /&gt;
&lt;br /&gt;
====643.2.16.4.1 Utility Reports====&lt;br /&gt;
The Daily Utility Report ([https://epg.modot.org/forms/general_files/DE/C-9.docx Form C-9]) and the Final Utility Report ([https://epg.modot.org/forms/general_files/DE/C-13.docx Form C-13]) are used for documenting utility adjustments necessary to allow highway construction. The use of C-9s and C-13s will vary with method of reimbursement. For utility adjustments necessary to allow highway construction that overlap with the highway contractor’s work, progress records should be kept as necessary to coordinate the highway and utility construction activities. Sufficient records must be maintained to check and verify the items of labor, equipment, materials, and salvaged items as submitted on the final invoice.&lt;br /&gt;
&lt;br /&gt;
=====643.2.16.4.1.1 Daily Utility Report (C-9)=====&lt;br /&gt;
C-9s are only required for actual cost agreements. The district utilities staff responsible for inspection must in all cases keep records to document inclement weather, down time, and verbal authorization for minor changes. The district utilities staff responsible for inspection must complete a C-9 documenting the number and classification of employees and number of hours worked. Records of material used and of retired materials returned to stock or scrapped must be kept. The utility owner’s major items of equipment must also be recorded. When work is done by the contract method based on unit prices, the district utilities staff responsible for inspection should ascertain that units of work as provided in the bid proposal are measured and recorded to form a basis for checking the final invoice. C-9s should list the location and the number of units of work accomplished for that period. If contract labor or equipment is used by a utility owner on the basis of a bid per hour, per day, etc., it will be necessary to keep records on this labor or equipment time in the same manner as if the utility owner were performing the work with its own internal forces. District utilities staff responsible for inspection should also note all contractors working for the utility owner and the contractor approval authorization dates given in the agreement.&lt;br /&gt;
&lt;br /&gt;
=====643.2.16.4.1.2 Final Utility Report (C-13)=====&lt;br /&gt;
C-13s summarize that the utility adjustment work that was done in accordance with the agreement and plans, the percentage of total cost that is the responsibility of the Commission, and any progress payments that have been made. A C-13 is required for both actual cost and lump sum agreements. The requested numbers shown on line 9 (Commission Estimated Cost) and line 10 (Amount of Final Bill) in the report are the Commission’s total responsibility.&lt;br /&gt;
&lt;br /&gt;
====643.2.16.4.2 Breakdown and Emergency====&lt;br /&gt;
When breakdown and emergency situations occur, prior approval by MoDOT is not required for contract or equipment rental work unless the cost or period of time will be extensive. The utility owner should furnish a letter as soon as possible to explain the situation and set out the estimated costs involved. The district utilities staff’s records should substantiate the need and the changes for personnel and equipment.&lt;br /&gt;
&lt;br /&gt;
====643.2.16.4.3 Stop Work====&lt;br /&gt;
If at any point, a stop work order is given by MoDOT to a utility owner, written documentation of the stop work order should be saved in MoProjects.&lt;br /&gt;
&lt;br /&gt;
===643.2.16.5 Change Orders===&lt;br /&gt;
Any change in the plan of adjustment should be documented in writing to the utility owner as a change order. If the change order is anticipated to exceed $100,000 or 15% of the original agreement amount, district utilities staff should negotiate a supplemental agreement with the utility owner’s representative. Once a supplemental agreement is in place, district utilities staff should contact Financial Services to obtain an adjustment of the obligation mid-project. Change orders without supplemental agreements will be settled once the project is complete.&lt;br /&gt;
&lt;br /&gt;
====643.2.16.5.1 Actual Cost Agreement====&lt;br /&gt;
Slight modifications in quantities or the addition of minor items not included with the original agreement do not require a supplemental agreement. However, such changes should be documented in writing with the utility owner. A supplemental agreement is needed if costs exceed the above threshold or if there is a change in the percentage of cost that is the Commission’s responsibility on an agreement with shared responsibility for costs. Intermediate partial payments cannot be made on items in a supplemental agreement until the supplemental agreement is approved.&lt;br /&gt;
&lt;br /&gt;
====643.2.16.5.2 Lump Sum Agreement====&lt;br /&gt;
A supplemental agreement to a Lump Sum Agreement is only required for significant changes in the scope of work of the utility adjustment necessary to allow highway construction. Normal overruns are not considered as changes in approved work and will not be reimbursed. Significant changes in the scope of work on utility adjustments necessary to allow highway construction cannot be done until the supplemental agreement is approved, and the adjustment in obligation of funds is complete.&lt;br /&gt;
&lt;br /&gt;
==643.2.17 Utilities during Highway Construction==&lt;br /&gt;
The contractor is responsible for having utilities located by contacting Missouri One-Call (811) prior to any excavation on the project. A reminder of this responsibility should be made at the preconstruction meeting.&lt;br /&gt;
&lt;br /&gt;
===643.2.17.1 Preconstruction Meeting (Pre-Con)===&lt;br /&gt;
District utilities staff should be invited to all pre-cons.&lt;br /&gt;
&lt;br /&gt;
Pre-cons fall into three categories relating to utilities:&lt;br /&gt;
# No utility adjustments are anticipated within the project limits,&lt;br /&gt;
# All utility adjustments completed prior to the pre-con, and&lt;br /&gt;
# All utility adjustments not completed prior to the pre-con.&lt;br /&gt;
&lt;br /&gt;
====643.2.17.1.1 No Utility Adjustments Anticipated within the Project Limits====&lt;br /&gt;
For projects without a Utility Job Special Provision (JSP), no involvement of the utility owners is required at the pre-con. For projects with a Utility JSP, the Resident Engineer (RE) should invite all utility owner representatives listed in the JSP with known required adjustment to the pre-con. The RE should review potential impacts of the highway construction project with the contractor and the utility owner.&lt;br /&gt;
&lt;br /&gt;
====643.2.17.1.2 All Utility Adjustments Completed Prior to the Pre-Con====&lt;br /&gt;
The RE should invite all utility owner representatives listed in the JSP with known required adjustment to the pre-con. The RE should review potential impacts of the highway construction project with the contractor and the utility owner. A general discussion should highlight the previous adjustments made by the utility owner and what abandoned utility facilities the contractor may encounter.&lt;br /&gt;
&lt;br /&gt;
====643.2.17.1.3 All Utility Adjustments Not Completed Prior to the Pre-Con====&lt;br /&gt;
It is important for the RE and inspector to understand the utility owner’s work schedule and how it relates to the contractor’s work schedule. During the pre-con, the schedule of the utility owner and highway construction contractor should be discussed, and conflicts should be addressed to allow utility adjustments and highway construction to progress as near to the proposed schedule as possible. On large-scale projects that have many utility issues to address that could impact the work of the highway construction contractor, it may be necessary to have a separate pre-con with utility owner representatives.&lt;br /&gt;
&lt;br /&gt;
===643.2.17.2 Coordination Meetings===&lt;br /&gt;
When the utility work will not be completed soon after the preconstruction meeting, the RE should meet with district utilities staff, the highway construction contractor, and the utility owner representatives on a regular basis to discuss utility coordination issues, so expectations from all parties are known and conveyed clearly. The utility owner may need some work performed by MoDOT or the highway construction contractor prior to completing their adjustments. (Examples include: survey staking of right of way or proposed facilities, trees cleared, grading performed, or new structures built).&lt;br /&gt;
&lt;br /&gt;
==643.2.18 Service Drops==&lt;br /&gt;
Power and communication services provided by utility owners are necessary for the operation of the highway system. These services may include power to traffic signals, lighting, or ITS devices; power for cathodic protection; or telecommunication services to signal controllers or ITS devices. The project design teams should work with district utilities staff to identify proper locations for the applicable utility owners to provide these services. Various utility owners have different requirements for this process. The district utilities staff is encouraged to develop a workable relationship with the utility owners who provide these services to MoDOT. The costs of installing the services charged by the utility owner are considered a non-contractual item and should be accounted for in the project’s budget in the STIP. The proposed location and method for the service drops should be shown on the roadway plans. District utilities staff should meet with the utility owner’s representative to ensure the proposed location can be accommodated by the utility owner. For electrical service connections, the power supply assembly is ideally located a maximum of ten feet (10’) from the source location. Plans submitted for PS&amp;amp;E should reflect the agreed upon location for all service connections. During construction, district utilities staff and district construction staff should work together to ensure the placement of the services is consistent with the project plans. Payment for the service drops should be invoiced by the utility owner to the district. District utilities staff is responsible for submission of the invoice directly to Financial Services for payment noting the non-contractual charges for the project.&lt;br /&gt;
&lt;br /&gt;
==643.2.19 Buy America Build America for Utilities==&lt;br /&gt;
FHWA’s Buy America Build America (BABA) policies require a domestic manufacturing process for all steel or iron products, other construction materials, and manufactured products that are permanently incorporated into Federal-Aid Highway construction projects, including products and materials used for adjustments to utility facilities to allow highway construction. These guidelines are for all federally reimbursable transportation projects where FHWA is the lead federal agency; it does not take precedence over projects where Federal Transit Administration or the Federal Railroad Administration is deemed the be the lead federal agency.&lt;br /&gt;
&lt;br /&gt;
===643.2.19.1 Program Requirements for Utilities===&lt;br /&gt;
All MoDOT projects are federal-aid projects, and therefore, all reimbursable utility adjustments are required to follow the provisions of BABA. More information on MoDOT’s BABA policy and procedures can be found in [[106.9_Buy_America_Requirement|EPG 106.9 Buy America Requirement]]. Specifically, utility owners should be aware of the following procedures for determining applicability of the EPG 106.9 requirements to reimbursable utility adjustments necessary to allow highway construction:&lt;br /&gt;
* BABA does not apply when materials are relocated from one location to another within the project limits.&lt;br /&gt;
* BABA does not apply for materials necessary for temporary utility adjustments assuming materials are removed from the right of way upon completion of the utility adjustment to allow highway construction.&lt;br /&gt;
* Non-reimbursable work must be kept separate from reimbursable work (agreements, permits, etc.) in order to not be subject to BABA.&lt;br /&gt;
&lt;br /&gt;
===643.2.19.2 Certification Requirements for Utilities===&lt;br /&gt;
Utility owners have the option of choosing either to self-certify BABA compliance or provide vendor/manufacturer certification to MoDOT. The method of certification is chosen by the utility owner and is documented in either the MRUA or the project specific agreement. Regardless of agreement type or certification method, the utility owner must be compliant with BABA requirements.&lt;br /&gt;
&lt;br /&gt;
====643.2.19.2.1 BABA Utility Owner Self-Certification====&lt;br /&gt;
If a utility owner chooses to self-certify BABA compliance, the utility owner is not required to provide MoDOT copies of the supplier certification as part of the project documentation or with the final invoice for any reimbursable utility adjustment necessary to allow highway construction. Retention of all documents should be as described in the agreement.&lt;br /&gt;
&lt;br /&gt;
====643.2.19.2.2 BABA Vendor/Manufacturer Certification====&lt;br /&gt;
If a utility owner chooses to use vendor/manufacturer certification, the utility owner will supply MoDOT BABA compliance from all vendors and/or manufacturers. Certification from vendors will be signed by an authorized representative of the vendor on company letterhead or other acceptable documentation and will declare that all supplied materials subject to BABA requirements are fully compliant. Certification from iron or steel manufacturers must be in the form of a mill test report (MTF) issued and signed by the initial fabricator stating the materials subject to BABA were melted and manufactured in the United States. Other written statements on company letter or other acceptable documentation signed by an authorized representative of the manufacturer for any additional treatment to the fabricated material (such as blasting, galvanizing, painting, or coating) will state that all treatment processes occurred in the United States according to FWA guidelines. Retention of all documents should be as described in the agreement. Manufacturer certification for manufactured products or construction materials will state that all materials were sourced from the United States and were fabricated in the United States. Retention of all documents should be as described in the agreement.&lt;br /&gt;
&lt;br /&gt;
&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643.3 Reserved for Future Use &#039;&#039;PAGE TITLE&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;&lt;br /&gt;
&amp;lt;br&amp;gt;&lt;br /&gt;
&lt;br /&gt;
&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643.4 Railroads (NO CHANGE) &#039;&#039;PAGE TITLE&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;&lt;br /&gt;
&amp;lt;br&amp;gt;&lt;br /&gt;
&lt;br /&gt;
==236.5.12 Excess Land Conveyances &amp;amp; Relinquishments - Utilities==&lt;br /&gt;
All conveyances and relinquishments of Commission-owned property shall be evaluated for the existence of any utility facilities located within the areas to be conveyed or relinquished. A conveyance or relinquishment of Commission-owned property may have implications to the utility facilities, and the utility owners, when the Commission no longer controls the property. It is important to maintain the continuity of utility facilities for the general public; therefore, to identify and minimize potential impacts, MoDOT shall involve utility owners in the conveyance and relinquishment processes.&lt;br /&gt;
&lt;br /&gt;
===236.5.12.1 Excess Land Conveyances Utilities===&lt;br /&gt;
MoDOT shall only recommend that a property be declared excess upon satisfactorily addressing the utility impacts. Whether MoDOT or an external party initiates the conveyance of excess property, utility impacts shall be adequately addressed by using one of the following methods: &lt;br /&gt;
:1. Each utility facility will be relocated by permit into a new utility corridor retained by the Commission.&lt;br /&gt;
:2. Each utility facility will remain in place with the benefit of a non-exclusive permanent utility easement.&lt;br /&gt;
::&#039;&#039;If the Commission holds fee simple title to the property, the Commission shall convey a non-exclusive permanent utility easement to each utility owner&#039;&#039;.&lt;br /&gt;
::&#039;&#039;If the Commission holds a less than fee simple title interest in the property, MoDOT shall facilitate the conveyance of a non-exclusive permanent utility easement from the party acquiring the property to each utility owner&#039;&#039;.&lt;br /&gt;
:3. Each utility facility will be relocated to another portion of the property being conveyed.&lt;br /&gt;
::&#039;&#039;If the Commission holds fee simple title to the property, the Commission shall convey a non-exclusive permanent utility easement to each utility owner&#039;&#039;. &lt;br /&gt;
::&#039;&#039;If the Commission holds a less than fee simple title interest in the property, MoDOT shall facilitate the conveyance of a non-exclusive permanent utility easement from the party acquiring the property to each utility owner&#039;&#039;.&lt;br /&gt;
:4. Each utility facility will be relocated onto a portion of the property already owned by the party acquiring the Commission-owned property, with the benefit of a non-exclusive permanent easement. (MoDOT shall facilitate the conveyance of a non-exclusive permanent utility easement from the party acquiring the property to each utility owner.)&lt;br /&gt;
:5. A three-party negotiated settlement taking into consideration the overall value of the proposed transaction.&lt;br /&gt;
:6. Additional options to address utility impacts may be utilized with approval from the Asst. to the State Design Engineer - Right of Way.&lt;br /&gt;
&lt;br /&gt;
===236.5.12.2 Road Relinquishment Utilities===&lt;br /&gt;
MoDOT shall only recommend the relinquishment of roadways through the [[236.14 Change in Route Status Report|Change in Route Status Report]] upon satisfactorily addressing the impacts to utility facilities. If the roadway will be relinquished to a local public transportation authority, with the intent that it continues to be used as a public roadway, a clause similar to the following shall be included in the deed from the Commission to the local public transportation authority:&lt;br /&gt;
:&#039;&#039;&amp;quot;Grantee, by acceptance of this conveyance, covenants and agrees for itself, its successors and assigns, to allow known or unknown utility facilities currently located on the property, whether of record or not, to remain on the property, and to grant the current and subsequent owners of those facilities the right to maintain, construct and reconstruct the facilities and their appurtenances over, under, and across the land herein conveyed, along with the right of ingress and egress across the land herein conveyed to and from those utilities.&amp;quot;&#039;&#039; &lt;br /&gt;
&lt;br /&gt;
Proposed roadway relinquishments to private entities shall be reviewed in a manner consistent with the conveyance of excess property described in [[236.5 Property Management#236.5.3 Asset Management Committee|EPG 236.5.3 Asset Management Committee]].&lt;/div&gt;</summary>
		<author><name>Hoskir</name></author>
	</entry>
	<entry>
		<id>https://epg.modot.org/index.php?title=751.40_LFD_Widening_and_Repair&amp;diff=58897</id>
		<title>751.40 LFD Widening and Repair</title>
		<link rel="alternate" type="text/html" href="https://epg.modot.org/index.php?title=751.40_LFD_Widening_and_Repair&amp;diff=58897"/>
		<updated>2026-06-25T13:53:08Z</updated>

		<summary type="html">&lt;p&gt;Hoskir: /* 751.40.8.5.1.1 Design Criteria */&lt;/p&gt;
&lt;hr /&gt;
&lt;div&gt;&amp;lt;div style=&amp;quot;float: right; width: 500px; margin-top: 5px; margin-left: 30px; margin-bottom: 30px;&amp;quot;&amp;gt;__TOC__&lt;br /&gt;
&amp;lt;div style=&amp;quot;float: right; margin-top: 5px; margin-left: 30px; width:490px; font-size: 95%; background-color: #f8f9fa; padding: 0.3em; border: 1px solid #a2a9b1; text-align:left;&amp;quot;&amp;gt;&lt;br /&gt;
&amp;lt;u&amp;gt;&amp;lt;center&amp;gt;&#039;&#039;&#039;Continued on next page&#039;&#039;&#039;&amp;lt;/center&amp;gt;&amp;lt;/u&amp;gt;&lt;br /&gt;
[[751.40_LFD_Widening_and_Repair_(CONTINUED)#751.40.8.12_Concrete_Pile_Cap_Intermediate_Bents|751.40.8.12 Concrete Pile Cap Intermediate Bents]]&amp;lt;br&amp;gt;&lt;br /&gt;
:[[751.40_LFD_Widening_and_Repair_(CONTINUED)#751.40.8.12.1_Design|751.40.8.12.1 Design]]&lt;br /&gt;
::[[751.40_LFD_Widening_and_Repair_(CONTINUED)#751.40.8.12.1.1_Unit_Stresses|751.40.8.12.1.1 Unit Stresses]]&lt;br /&gt;
::[[751.40_LFD_Widening_and_Repair_(CONTINUED)#751.40.8.12.1.2_Loads|751.40.8.12.1.2 Loads]]&lt;br /&gt;
::[[751.40_LFD_Widening_and_Repair_(CONTINUED)#751.40.8.12.1.3_Distribution_of_Loads|751.40.8.12.1.3 Distribution of Loads]]&lt;br /&gt;
::[[751.40_LFD_Widening_and_Repair_(CONTINUED)#751.40.8.12.1.4_Design_Assumptions|751.40.8.12.1.4 Design Assumptions]]&lt;br /&gt;
:[[751.40_LFD_Widening_and_Repair_(CONTINUED)#751.40.8.12.2_Reinforcement|751.40.8.12.2 Reinforcement]]&lt;br /&gt;
::[[751.40_LFD_Widening_and_Repair_(CONTINUED)#751.40.8.12.2.1_General|751.40.8.12.2.1 General]]&lt;br /&gt;
::[[751.40_LFD_Widening_and_Repair_(CONTINUED)#751.40.8.12.2.2_Anchorage_of_Piles_for_Seismic_Performance_Categories_B,_C_&amp;amp;_D|751.40.8.12.2.2 Anchorage of Piles for Seismic Performance Categories B, C &amp;amp; D]]&lt;br /&gt;
::[[751.40_LFD_Widening_and_Repair_(CONTINUED)#751.40.8.12.2.3_Beam_Reinforcement_Special_Cases|751.40.8.12.2.3 Beam Reinforcement Special Cases]]&lt;br /&gt;
:[[751.40_LFD_Widening_and_Repair_(CONTINUED)#751.40.8.12.3_Details|751.40.8.12.3 Details]]&lt;br /&gt;
::[[751.40_LFD_Widening_and_Repair_(CONTINUED)#751.40.8.12.3.1_Sway_Bracing|751.40.8.12.3.1 Sway Bracing]]&lt;br /&gt;
::[[751.40_LFD_Widening_and_Repair_(CONTINUED)#751.40.8.12.3.2_Miscellaneous_Details_for_Prestressed_Girder|751.40.8.12.3.2 Miscellaneous Details for Prestressed Girder]]&lt;br /&gt;
[[751.40_LFD_Widening_and_Repair_(CONTINUED)#751.40.8.13_Concrete_Pile_Cap_Non-Integral_End_Bents|751.40.8.13 Concrete Pile Cap Non-Integral End Bents]]&amp;lt;br&amp;gt;&lt;br /&gt;
:[[751.40_LFD_Widening_and_Repair_(CONTINUED)#751.40.8.13.1_Design|751.40.8.13.1 Design]]&lt;br /&gt;
::[[751.40_LFD_Widening_and_Repair_(CONTINUED)#751.40.8.13.1.1_Unit_Stresses|751.40.8.13.1.1 Unit Stresses]]&lt;br /&gt;
::[[751.40_LFD_Widening_and_Repair_(CONTINUED)#751.40.8.13.1.2_Loads|751.40.8.13.1.2 Loads]]&lt;br /&gt;
::[[751.40_LFD_Widening_and_Repair_(CONTINUED)#751.40.8.13.1.3_Distribution_of_Loads|751.40.8.13.1.3 Distribution of Loads]]&lt;br /&gt;
::[[751.40_LFD_Widening_and_Repair_(CONTINUED)#751.40.8.13.1.4_Design_Assumptions_-_Loadings|751.40.8.13.1.4 Design Assumptions - Loadings]]&lt;br /&gt;
::[[751.40_LFD_Widening_and_Repair_(CONTINUED)#751.40.8.13.1.5_Deadman_Anchors|751.40.8.13.1.5 Deadman Anchors]]&lt;br /&gt;
:[[751.40_LFD_Widening_and_Repair_(CONTINUED)#751.40.8.13.2_Reinforcement|751.40.8.13.2 Reinforcement]]&lt;br /&gt;
::[[751.40_LFD_Widening_and_Repair_(CONTINUED)#751.40.8.13.2.1_Wide_Flange_Beams,_Plate_Girders_and_Prestressed_Girders|751.40.8.13.2.1 Wide Flange Beams, Plate Girders and Prestressed Girders]]&lt;br /&gt;
[[751.40_LFD_Widening_and_Repair_(CONTINUED)#751.40.8.14_Concrete_Pile_Cap_Integral_End_Bents|751.40.8.14 Concrete Pile Cap Integral End Bents]]&amp;lt;br&amp;gt;&lt;br /&gt;
:[[751.40_LFD_Widening_and_Repair_(CONTINUED)#751.40.8.14.1_Design|751.40.8.14.1 Design]]&lt;br /&gt;
::[[751.40_LFD_Widening_and_Repair_(CONTINUED)#751.40.8.14.1.1_Design_Unit_Stresses|751.40.8.14.1.1 Design Unit Stresses]]&lt;br /&gt;
::[[751.40_LFD_Widening_and_Repair_(CONTINUED)#751.40.8.14.1.2_Loads|751.40.8.14.1.2 Loads]]&lt;br /&gt;
::[[751.40_LFD_Widening_and_Repair_(CONTINUED)#751.40.8.14.1.3_Distribution_of_Loads|751.40.8.14.1.3 Distribution of Loads]]&lt;br /&gt;
::[[751.40_LFD_Widening_and_Repair_(CONTINUED)#751.40.8.14.1.4_Design_Examples|751.40.8.14.1.4 Design Examples]]&lt;br /&gt;
:[[751.40_LFD_Widening_and_Repair_(CONTINUED)#751.40.8.14.2_Reinforcement|751.40.8.14.2 Reinforcement]]&lt;br /&gt;
::[[751.40_LFD_Widening_and_Repair_(CONTINUED)#751.40.8.14.2.1_Earthquake_Loads_at_End_Bent_–_Intermediate_Wing_(Seismic_Shear_Wall)|751.40.8.14.2.1 Earthquake Loads at End Bent – Intermediate Wing (Seismic Shear Wall)]]&lt;br /&gt;
[[751.40_LFD_Widening_and_Repair_(CONTINUED)#751.40.8.15_Cast-In-Place_Concrete_Retaining_Walls|751.40.8.15 Cast-In-Place Concrete Retaining Walls]]&amp;lt;br&amp;gt;&lt;br /&gt;
:[[751.40_LFD_Widening_and_Repair_(CONTINUED)#751.40.8.15.1_Loads|751.40.8.15.1 Loads]]&lt;br /&gt;
:[[751.40_LFD_Widening_and_Repair_(CONTINUED)#751.40.8.15.3_Unit_Stresses|751.40.8.15.3 Unit Stresses]]&lt;br /&gt;
:[[751.40_LFD_Widening_and_Repair_(CONTINUED)#751.40.8.15.4_Design|751.40.8.15.4 Design]]&lt;br /&gt;
::[[751.40_LFD_Widening_and_Repair_(CONTINUED)#751.40.8.15.4.1_Spread_Footings|751.40.8.15.4.1 Spread Footings]]&lt;br /&gt;
::[[751.40_LFD_Widening_and_Repair_(CONTINUED)#751.40.8.15.4.2_Pile_Footings|751.40.8.15.4.2 Pile Footings]]&lt;br /&gt;
::[[751.40_LFD_Widening_and_Repair_(CONTINUED)#751.40.8.15.4.3_Counterfort_Walls|751.40.8.15.4.3 Counterfort Walls]]&lt;br /&gt;
:[[751.40_LFD_Widening_and_Repair_(CONTINUED)#751.40.8.15.5_Example_1:_Spread_Footing_Cantilever_Wall|751.40.8.15.5 Example 1: Spread Footing Cantilever Wall]]&lt;br /&gt;
:[[751.40_LFD_Widening_and_Repair_(CONTINUED)#751.40.8.15.6_Example_2:_L-Shaped_Cantilever_Wall|751.40.8.15.6 Example 2: L-Shaped Cantilever Wall]]&lt;br /&gt;
:[[751.40_LFD_Widening_and_Repair_(CONTINUED)#751.40.8.15.7_Example_3:_Pile_Footing_Cantilever_Wall|751.40.8.15.7 Example 3: Pile Footing Cantilever Wall]]&lt;br /&gt;
:[[751.40_LFD_Widening_and_Repair_(CONTINUED)#751.40.8.15.8_Dimensions|751.40.8.15.8 Dimensions]]&lt;br /&gt;
:[[751.40_LFD_Widening_and_Repair_(CONTINUED)#751.40.8.15.9_Reinforcement|751.40.8.15.9 Reinforcement]]&lt;br /&gt;
:[[751.40_LFD_Widening_and_Repair_(CONTINUED)#751.40.8.15.10_Details|751.40.8.15.10 Details]]&lt;br /&gt;
&amp;lt;/div&amp;gt;&lt;br /&gt;
&amp;lt;/div&amp;gt;&lt;br /&gt;
&lt;br /&gt;
== 751.40.1 General ==&lt;br /&gt;
&lt;br /&gt;
=== 751.40.1.1 Widening and Repair of Existing Structures ===&lt;br /&gt;
&lt;br /&gt;
The Federal Highway Administration and the States have established a goal that the LRFD standards be used on all new bridge designs after October 2007.  For modification to existing structures and with the approval of the Structural Project Manager or Structural Liaison Engineer, the LRFD Specifications or the specifications which were used for the original design, may be used by the designer.&lt;br /&gt;
&lt;br /&gt;
==751.40.2 Deck Treatments==&lt;br /&gt;
===751.40.2.1 Resurfacing===&lt;br /&gt;
&lt;br /&gt;
{| style=&amp;quot;text-align: center; margin: 0 auto;&amp;quot;&lt;br /&gt;
|-&lt;br /&gt;
| [[Image:751.40_Resurfacing_Plan.gif|center]]&lt;br /&gt;
|-&lt;br /&gt;
| &amp;lt;big&amp;gt;&#039;&#039;&#039;PLAN&#039;&#039;&#039;&amp;lt;/big&amp;gt;&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
{| style=&amp;quot;text-align: center; margin: 0 auto;&amp;quot;&lt;br /&gt;
|-&lt;br /&gt;
| [[Image:751.40_Resurfacing_Section_Thru_Roadway.gif|center]]&lt;br /&gt;
|-&lt;br /&gt;
| &amp;lt;big&amp;gt;&#039;&#039;&#039;SECTION THRU ROADWAY&#039;&#039;&#039;&amp;lt;/big&amp;gt;&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
Place the following notes on plans.&lt;br /&gt;
&lt;br /&gt;
: The existing asphaltic concrete surface shall be removed to a uniform grade line * below the existing control grade line as noted.&lt;br /&gt;
: Resurface with * Asphaltic Concrete.&lt;br /&gt;
: &amp;lt;nowiki&amp;gt;*&amp;lt;/nowiki&amp;gt; Depth of asphaltic concrete as specified in the Bridge Memorandum.&lt;br /&gt;
&lt;br /&gt;
===751.40.2.2 Special Repair Zones===&lt;br /&gt;
&lt;br /&gt;
The following order of repair zones shall be used for the deck repair on continuous concrete structures.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Hydro Demolition Projects (Case 1 and 2)&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
Conventional deck repair required in the areas designated as special repair zones shall be completed before demolition in alphabetical sequence beginning with Zone A. Zones with the same letter designation may be repaired at the same time.&lt;br /&gt;
&lt;br /&gt;
Any deck repair in areas not designated as a special repair zone shall be completed after hydro demolition. Case 1 is primarily monolithic deck repair after hydro demolition. Case 2 is primarily conventional deck repair after hydro demolition.&lt;br /&gt;
&lt;br /&gt;
Note: &lt;br /&gt;
:- Case 1 shall not be used for polyester polymer and low slump concrete wearing surfaces (too stiff for monolithic repairs).&lt;br /&gt;
:- Conventional deck repair is required with void tube replacement after hydro demolition with both Case 1 and Case 2.&lt;br /&gt;
:- If an excessive number of zones are required at any bent, see the Structural Project Manager or Structural Liaison Engineer.&lt;br /&gt;
:- Consider combining zones if the length of a zone in the longitudinal direction of the bridge is less than 24 inches.&lt;br /&gt;
&lt;br /&gt;
{| style=&amp;quot;text-align: center; margin: 0 auto;&amp;quot;&lt;br /&gt;
|-&lt;br /&gt;
| [[image:751.40.2.2_hydro_part-plan.png|center|750px]]&lt;br /&gt;
|-&lt;br /&gt;
| &amp;lt;big&amp;gt;&#039;&#039;&#039;PART PLAN OF SLAB SHOWING REPAIR ZONES (A, B, C and D)&#039;&#039;&#039;&amp;lt;/big&amp;gt;&lt;br /&gt;
|}&lt;br /&gt;
:::(1) Development Length.&lt;br /&gt;
:::See [[751.50_Standard_Detailing_Notes|EPG 751.50 Standard Detailing Notes]] for appropriate notes.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Non-Hydro Demolition Projects&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
Any deck repair in areas not designated as a special repair zone shall be completed prior to work in Zone A. Zones with the same letter designation may be repaired at the same time.&lt;br /&gt;
&lt;br /&gt;
Note:&lt;br /&gt;
:- If an excessive number of zones are required at any bent, see the Structural Project Manager or Structural Liaison Engineer. &lt;br /&gt;
:- Consider combining zones if the length of a zone in the longitudinal direction of the bridge is less than 24 inches. &lt;br /&gt;
&lt;br /&gt;
{| style=&amp;quot;text-align: center; margin: 0 auto;&amp;quot;&lt;br /&gt;
|-&lt;br /&gt;
| [[image:751.40.2.2_nonhydro_part-plan.png|center|750px]]&lt;br /&gt;
|-&lt;br /&gt;
| &amp;lt;big&amp;gt;&#039;&#039;&#039;PART PLAN OF SLAB SHOWING REPAIR ZONES (A, B and C)&#039;&#039;&#039;&amp;lt;/big&amp;gt;&lt;br /&gt;
|}&lt;br /&gt;
:::(1) Development Length.&lt;br /&gt;
:::See [[751.50_Standard_Detailing_Notes|EPG 751.50 Standard Detailing Notes]] for appropriate notes.&lt;br /&gt;
&lt;br /&gt;
===751.40.2.3 Deck Repair and Filled Joints===&lt;br /&gt;
&lt;br /&gt;
&amp;lt;div style=&amp;quot;float: right; margin-top: 5px; margin-bottom: 5px; padding: 5px; text-align:center; border: 1px solid black; border-radius:5px; box-shadow:5px 5px 5px #888888&amp;quot;&amp;gt;&lt;br /&gt;
&#039;&#039;&#039;Bridge Deck, Repair&#039;&#039;&#039;&amp;lt;/br&amp;gt;&lt;br /&gt;
[https://spexternal.modot.mo.gov/sites/cm/CORDT/RDT02002.pdf Report 2002]&amp;lt;/br&amp;gt;&lt;br /&gt;
&#039;&#039;&#039;See also:&#039;&#039;&#039; [https://www.modot.org/research-publications Research Publications]&lt;br /&gt;
&amp;lt;/div&amp;gt;&lt;br /&gt;
&lt;br /&gt;
{| border=&amp;quot;1&amp;quot; class=&amp;quot;wikitable&amp;quot; style=&amp;quot;margin: 0 auto; text-align: center&amp;quot;&lt;br /&gt;
|+ &lt;br /&gt;
| style=&amp;quot;background:#BEBEBE&amp;quot; | &#039;&#039;&#039;[https://www.modot.org/bridge-standard-drawings Bridge Standard Drawings]&#039;&#039;&#039;&lt;br /&gt;
|-&lt;br /&gt;
| Rehabilitation, Surfacing &amp;amp; Widening – RHB; Deck Rehab (Deck Repair and Wearing Surface Details) &lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
===751.40.2.4 Wearing Surfaces===&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Replacement of Typical Expansion Joint Systems (Strip Seal Shown, Other Systems Similar)&#039;&#039;&#039; &lt;br /&gt;
&lt;br /&gt;
[[image:751.40.3.1 wearing surfaces.jpg|center|650px]] &lt;br /&gt;
&lt;br /&gt;
When concrete is removed and armor is replaced, see [[751.13 Expansion Joint Systems|EPG 751.13 Expansion Joint Systems]] for the appropriate expansion joint system details and [[751.50 Standard Detailing Notes#H5. Expansion Joint Systems|EPG 751.50 H5]] for the appropriate notes. &lt;br /&gt;
&lt;br /&gt;
For chip seals and polymer wearing surfaces, see [[751.50 Standard Detailing Notes#I1. General|EPG 751.50 I1]] for the appropriate notes.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Elastomeric Expansion Joint System&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
When a thick wearing surface (low slump, latex, silica fume, CSA cement, steel fiber reinforced, asphaltic) is used, the elastomeric joint must be replace by another type of expansion joint system. &lt;br /&gt;
&lt;br /&gt;
[[image:751.40.3.1 elastomeric.jpg|center|375px]] &lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Flat Plate Expansion Joint System &#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
[[image:751.40.3.1 flat thick.jpg|center|575px]]&lt;br /&gt;
::: &#039;&#039;&#039;*&#039;&#039;&#039; When this dimension exceeds 3&amp;quot; and a concrete wearing surface is used, tack weld a one inch bar chair to the plate for each 3&amp;quot; of plate to be covered by the wearing surface. &lt;br /&gt;
::: &#039;&#039;&#039;**&#039;&#039;&#039; Scarify existing slab. See the Bridge Memorandum for the minimum depth of scarification. Scarification not required for asphaltic concrete wearing surface. &lt;br /&gt;
::: Note: See standard plans for Steel Dams at Expansion Joints. &lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
[[image:751.40.3.1 flat thin.jpg|center|400px]]&lt;br /&gt;
&lt;br /&gt;
===751.40.2.5 Edge Treatments===&lt;br /&gt;
====751.40.2.5.1 Epoxy Coating====&lt;br /&gt;
&lt;br /&gt;
{| style=&amp;quot;text-align: center; margin: 0 auto;&amp;quot;&lt;br /&gt;
|-&lt;br /&gt;
| [[Image:751.40.3.1 latex section.jpg|center|540px]]&lt;br /&gt;
|-&lt;br /&gt;
| &amp;lt;big&amp;gt;&#039;&#039;&#039;TYPICAL SECTION OF EXISTING CURB&amp;lt;br/&amp;gt;OUTLET SHOWING LIMITS OF EPOXY COATING&#039;&#039;&#039;&amp;lt;/big&amp;gt;&lt;br /&gt;
|}&lt;br /&gt;
::: Note:&lt;br /&gt;
::: &#039;&#039;&#039;*&#039;&#039;&#039; Dimension to edge of girder or stringer &amp;amp;plusmn;. For bridges that do not have girders or stringers use 2&#039;-6&amp;quot;, except that if with thrie beam rail, then use 4&#039;-0&amp;quot;. &lt;br /&gt;
::: Consult with Structural Project Manager or Liaison for making work incidental to another item or use of pay item &amp;quot;Cleaning and Epoxy Coating&amp;quot;.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
{| style=&amp;quot;text-align: center; margin: 0 auto;&amp;quot;&lt;br /&gt;
|-&lt;br /&gt;
| [[Image:751.40.3.1 latex elevation.jpg|440px]]&lt;br /&gt;
|-&lt;br /&gt;
| &amp;lt;big&amp;gt;&#039;&#039;&#039;TYPICAL ELEVATION OF EXISTING CURB&amp;lt;br/&amp;gt;OUTLET SHOWING LIMITS OF EPOXY COATING&#039;&#039;&#039;&amp;lt;/big&amp;gt;&amp;lt;br/&amp;gt;(Wearing surface not shown for clarity)&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
====751.40.2.5.2 Edge Repair====&lt;br /&gt;
&lt;br /&gt;
If slab edge repair is specified on the Bridge Memorandum when the barrier or railing is not removed or when full depth repair is not a pay item, the following detail shall be provided.&lt;br /&gt;
&lt;br /&gt;
{| style=&amp;quot;text-align: center; margin: 0 auto;&amp;quot;&lt;br /&gt;
|-&lt;br /&gt;
| [[Image:751.40_Concrete_Wearing_Surface_Slab_Edge_Repair_(Concrete_Edge_Repair)_no_1.gif|center]]&lt;br /&gt;
|-&lt;br /&gt;
| &amp;lt;big&amp;gt;&#039;&#039;&#039;CONCRETE EDGE REPAIR&#039;&#039;&#039;&amp;lt;/big&amp;gt;&lt;br /&gt;
|}&lt;br /&gt;
:::If the barrier or railing is removed when full depth repair and slab edge repair are pay items, the following detail shall be provided.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
{| style=&amp;quot;text-align: center; margin: 0 auto;&amp;quot;&lt;br /&gt;
|-&lt;br /&gt;
| [[Image:751.40_Concrete_Wearing_Surface_Slab_Edge_Repair_(Concrete_Edge_Repair)_no_1.gif|center]]&lt;br /&gt;
|-&lt;br /&gt;
| &amp;lt;big&amp;gt;&#039;&#039;&#039;CONCRETE EDGE REPAIR&#039;&#039;&#039;&amp;lt;/big&amp;gt;&lt;br /&gt;
|}&lt;br /&gt;
::: &#039;&#039;&#039;*&#039;&#039;&#039; If the dimension exceeds 4 inches, the repair extending to the edge of slab will be paid for as Full Depth Repair.&lt;br /&gt;
&lt;br /&gt;
===751.40.2.6 Longitudinal Joints===&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;REPLACEMENT OF EXISTING EXPANSION DEVICE&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;MEDIAN BARRIER &#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
{| style=&amp;quot;text-align: center; margin: 0 auto;&amp;quot;&lt;br /&gt;
|-&lt;br /&gt;
| [[Image:751.40.2.6_section_thru_barrier.jpg|center|400px]]&lt;br /&gt;
|-&lt;br /&gt;
| &amp;lt;big&amp;gt;&#039;&#039;&#039;SECTION THRU BARRIER&#039;&#039;&#039;&amp;lt;/big&amp;gt;&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
{| style=&amp;quot;text-align: center; margin: 0 auto;&amp;quot;&lt;br /&gt;
|-&lt;br /&gt;
| [[Image:751.40.2.6_detail_A.jpg|center|400px]]&lt;br /&gt;
|-&lt;br /&gt;
| &amp;lt;big&amp;gt;&#039;&#039;&#039;DETAIL A&#039;&#039;&#039;&amp;lt;/big&amp;gt;&lt;br /&gt;
|}&lt;br /&gt;
::: (1) May be cast vertical and saw cut to slant.&lt;br /&gt;
::: * Latex Concrete Wearing Surface = 1-3/4&amp;quot;.&amp;lt;br/&amp;gt;Low Slump Concrete Wearing Surface = 2-1/4&amp;quot;.&lt;br /&gt;
::: ** Cut minimum 1/2&amp;quot; support notch (rough finish). Remove any existing compression seal.&lt;br /&gt;
&lt;br /&gt;
===751.40.2.7 Temporary Traffic Control Device===&lt;br /&gt;
&lt;br /&gt;
Show Barrier as per district recommendation. Typically Barrier is shown when structure is on interstate and/or the rail is being removed. Otherwise, show the dimension lines with 2&#039;-0&amp;quot; dimension.&lt;br /&gt;
&lt;br /&gt;
[[image:751.40.2.5.jpg|center|700px]]&lt;br /&gt;
&lt;br /&gt;
::: &#039;&#039;&#039;*&#039;&#039;&#039; If this dimension is less than 3 feet, the temporary concrete traffic barrier shall be attached with tie-down straps, with the approval of the Structural Project Manager or Structural Liaison Engineer. Where lateral deflection cannot be tolerated, the temporary concrete traffic barrier shall be attached with the bolt through deck detail (to be used only on existing decks). See [[617.1 Temporary Traffic Barriers|EPG 617.1 Temporary Traffic Barriers]] and [[751.1 Preliminary Design#751.1.2.12 Temporary Barriers|EPG 751.1.2.12 Temporary Barriers]].&lt;br /&gt;
::: &#039;&#039;&#039;**&#039;&#039;&#039; Where slab removal represents small and discontinuous openings in the deck along the bridge length (e.g. expansion device replacement) use of either a flat steel plate, a 22 ½” temporary traffic control device or a temporary concrete traffic barrier may be more appropriate. Consult with the Structural Project Manager or Structural Liaison Engineer.&lt;br /&gt;
&lt;br /&gt;
==751.40.3 Substructure Repair==&lt;br /&gt;
===751.40.3.1 Formed and Unformed Repair Areas===&lt;br /&gt;
&lt;br /&gt;
{| style=&amp;quot;text-align: center; margin: 0 auto;&amp;quot;&lt;br /&gt;
|-&lt;br /&gt;
| [[Image:751.40.3.1_elev_int_bent.png|center|700px]]&lt;br /&gt;
|-&lt;br /&gt;
| &amp;lt;big&amp;gt;&#039;&#039;&#039;Elevation of Int. Bent&#039;&#039;&#039;&amp;lt;/big&amp;gt;&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
{| style=&amp;quot;text-align: center; margin: 0 auto;&amp;quot;&lt;br /&gt;
|-&lt;br /&gt;
| [[Image:751.40.3.1_sec_through_end_bent.png|center|400px]]&lt;br /&gt;
|-&lt;br /&gt;
| &amp;lt;big&amp;gt;&#039;&#039;&#039;Section through End Bent&#039;&#039;&#039;&amp;lt;/big&amp;gt;&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
===751.40.3.2 Bent Cap Shear Strengthening using FRP Wrap===&lt;br /&gt;
&lt;br /&gt;
{| class=&amp;quot;wikitable&amp;quot; style=&amp;quot;margin: 0 auto; text-align: center&amp;quot;&lt;br /&gt;
|+ &lt;br /&gt;
| style=&amp;quot;background:#BEBEBE&amp;quot; | &#039;&#039;&#039;[https://www.modot.org/bridge-standard-drawings Bridge Standard Drawings]&#039;&#039;&#039;&lt;br /&gt;
|-&lt;br /&gt;
| Rehabilitation, Surfacing &amp;amp; Widening; Fiber Reinf. Polymer (FRP) Wrap for Bent Cap Strengthening [RHB08]&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
Fiber Reinforced Polymer (FRP) wrap may be used for Bent Cap Shear Strengthening. FRP wrap may also be used for seismic retrofit of existing columns, but that procedure is not discussed herein (see [[751.9_Bridge_Seismic_Design#751.9.1_Seismic_Analysis_and_Design_Specifications|EPG 751.9.1 Seismic Analysis and Design Specifications]]).&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;When to strengthen:&#039;&#039;&#039;  When increased shear loading on an existing bent cap is required and a structural analysis shows insufficient bent cap shear resistance, bent cap shear strengthening is an option.  An example of when strengthening a bent cap may be required:  removing existing girder hinges and making girders continuous will draw significantly more force to the adjacent bent. An example of when strengthening a bent cap is not required:  redecking a bridge  where analysis shows that the existing bent cap cannot meet capacity for an HS20 truck loading, and the new deck is similar to the old deck and the existing beam is in good shape.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;How to strengthen:&#039;&#039;&#039;  Using FRP systems for shear strengthening follows from the guidelines set forth in &#039;&#039;NCHRP Report 678, Design of FRP System for Strengthening Concrete Girders in Shear&#039;&#039;. The method of strengthening, using either discrete strips or continuous sheets, is made optional for the contractor in accordance with &#039;&#039;NCHRP Report 678&#039;&#039;.  A Bridge Standard Drawing and Bridge Special Provision have been prepared for including this work on jobs. They can be revised to specify a preferred method of strengthening if desired, strips or continuous sheet.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;What condition of existing bent cap required for strengthening:&#039;&#039;&#039;  If a cap is in poor shape where replacement should be considered, FRP should not be used.  Otherwise, the cap beam can be repaired before applying FRP.  Perform a minimum load check using (1.1DL + 0.75(LL+I))&#039;&#039;&#039;*&#039;&#039;&#039; on the existing cap beam to prevent catastrophic failure of the beam if the FRP fails (&#039;&#039;ACI 440.2R, Guide for the Design and Construction of Externally Bonded FRP, Sections 9.2 and 9.3.3&#039;&#039;).  If the factored shear resistance of the cap beam is insufficient for meeting the factored minimum load check, then FRP strengthening should not be used.&lt;br /&gt;
     &lt;br /&gt;
:: &#039;&#039;&#039;*&#039;&#039;&#039; ACI 440.2R: &#039;&#039;Guide for the Design and Construction of Externally Bonded FRP&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Design force (net shear strength loading):&#039;&#039;&#039;  Strengthening a bent cap requires determining the net factored shear loading that the cap beam must carry in excess of its unstrengthened factored shear capacity, or resistance. The FRP system is then designed by the manufacturer to meet this net factored shear load, or design force.  The design force for a bent cap strengthening is calculated considering AASHTO LFD where the factored load is the standard Load Factor Group I load case.  To determine design force that the FRP must carry alone, the factored strength of the bent cap, which is 0.85 x nominal strength according to LFD design, is subtracted out to give the net factored shear load that the FRP must resist by itself.  &#039;&#039;NCHRP Report 678&#039;&#039; is referenced in the special provisions as guidelines for the contractor and the manufacturer to follow.  The report and its examples use AASHTO LRFD.  &amp;lt;u&amp;gt;Regardless, the load factor case is given and it is left to the manufacturer to provide for a satisfactory factor of safety based on their FRP system.&amp;lt;/u&amp;gt;&lt;br /&gt;
&lt;br /&gt;
Other References:&lt;br /&gt;
:: &#039;&#039;&#039;*&#039;&#039;&#039; ACI 201.1R: &#039;&#039;Guide for Making a Condition Survey of Concrete in Service&#039;&#039;&lt;br /&gt;
:: &#039;&#039;&#039;*&#039;&#039;&#039; ACI 224.1R: &#039;&#039;Causes, Evaluation, and Repair of Cracks in Concrete&#039;&#039;&lt;br /&gt;
:: &#039;&#039;&#039;*&#039;&#039;&#039; ACI 364.1R-94: &#039;&#039;Guide for Evaluation of Concrete Structures Prior to Rehabilitation&#039;&#039;&lt;br /&gt;
:: &#039;&#039;&#039;*&#039;&#039;&#039; ACI 440.2R-08: &#039;&#039;Guide for the Design and Construction of Externally Bonded FRP Systems for Strengthening Concrete Structures&#039;&#039;&lt;br /&gt;
:: &#039;&#039;&#039;*&#039;&#039;&#039; ACI 503R: &#039;&#039;Use of Epoxy Compounds with Concrete&#039;&#039;&lt;br /&gt;
:: &#039;&#039;&#039;*&#039;&#039;&#039; ACI 546R: &#039;&#039;Concrete Repair Guide&#039;&#039;&lt;br /&gt;
:: &#039;&#039;&#039;*&#039;&#039;&#039; International Concrete Repair Institute (ICI) ICI 03730: &#039;&#039;Guide for Surface Preparation for the Repair of Deteriorated Concrete Resulting from Reinforcing Steel Corrosion&#039;&#039;&lt;br /&gt;
:: &#039;&#039;&#039;*&#039;&#039;&#039; International Concrete Repair Institute (ICI) ICI 03733: &#039;&#039;Guide for Selecting and Specifying Materials for Repairs of Concrete Surfaces&#039;&#039;&lt;br /&gt;
:: &#039;&#039;&#039;*&#039;&#039;&#039; NCHRP Report 609: &#039;&#039;Recommended Construction Specifications Process Control Manual for Repair and Retrofit of Concrete Structures Using Bonded FRP Composites&#039;&#039;&lt;br /&gt;
:: &#039;&#039;&#039;*&#039;&#039;&#039; AASHTO Guide Spec for Design of Bonded FRP Systems for Repair and Strengthening of Concrete Bridge Elements, March 2023, 2nd Ed.&lt;br /&gt;
&lt;br /&gt;
===751.40.3.3 Steel HP Pile Maintenance and Repair===&lt;br /&gt;
 &lt;br /&gt;
&#039;&#039;&#039;Maintenance/Repair Guidelines&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
Piles are primary structural members and are compressively loaded all the time which makes it important to safely inspect, maintain and repair them if necessary. Pile inspection will require an assessment of pile performance by looking for pile deterioration and measuring pile section loss in order to determine the level of pile maintenance/repair required. The following schedule may be used for selecting the level of maintenance/repair required:&lt;br /&gt;
&lt;br /&gt;
{| class=&amp;quot;wikitable&amp;quot; style=&amp;quot;cellpadding=&amp;quot;5&amp;quot; align=&amp;quot;center&amp;quot;&lt;br /&gt;
|-&lt;br /&gt;
! Pile Percent Section Loss !! Method&#039;&#039;&#039;*&#039;&#039;&#039; !! Level&lt;br /&gt;
|-&lt;br /&gt;
| 0% through 25% || Clean and recoat existing piles || Maintenance&lt;br /&gt;
|-&lt;br /&gt;
| &amp;gt;25% through 40% || Encasement of deteriorated section || Maintenance&lt;br /&gt;
|-&lt;br /&gt;
| &amp;gt;40% through 75% or holes in any element or local buckling of any element || Plating ** of deteriorated section OR replacement *** of section (splicing), AND encasement of the repaired section || Repair&lt;br /&gt;
|-&lt;br /&gt;
| &amp;gt;75% || Contact the Bridge Division || Repair&lt;br /&gt;
|-&lt;br /&gt;
| colspan=&amp;quot;3&amp;quot; | &#039;&#039;&#039;*&#039;&#039;&#039; Method may also include cleaning and recoating all exposed piles, and cleaning and recoating all remaining exposed pile sections after encasement and/or repair.&lt;br /&gt;
|-&lt;br /&gt;
| colspan=&amp;quot;3&amp;quot; | &#039;&#039;&#039;**&#039;&#039;&#039; Plating can be for both flanges only, web only or both flanges and web. Overall symmetry of the pile cross-section shall be maintained when plating. &lt;br /&gt;
|-&lt;br /&gt;
| colspan=&amp;quot;3&amp;quot; | &#039;&#039;&#039;***&#039;&#039;&#039; Based on additional factors other than just the percent of pile section loss, a replacement pile section (splicing) may be considered. Minimizing or eliminating traffic loading, adding falsework or just having support conditions such as integral bents (where both the pile cap beam and the superstructure concrete diaphragm are connected by more than just dowel bars – see bridge plans) can help to determine the method of repair. A replacement pile section can be coated or galvanized. See Structural Project Manager.&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Estimating Pile Percent Section Loss in the Field&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
Quantifying pile section loss can be inexact. To encourage uniform application of the maintenance/repair guidelines, the following procedure is recommended:&lt;br /&gt;
&lt;br /&gt;
:1.	Pile section loss should be determined using a thickness meter.&lt;br /&gt;
:2.	Remove deteriorated material and clean pile for measurement.&lt;br /&gt;
:3.	At any point along a pile (cross-section) where there are three elements to be considered independently, e.g. two flanges and a web.&lt;br /&gt;
:4.	Estimate the actual cross-section area of each element at its most deteriorated point along the length of pile. Using the thickness meter, measure the thickness at several points along a horizontal line across the element. From this data, estimate the actual cross-section area of each element.&lt;br /&gt;
:5.	The fraction of section remaining (PSR) is the actual cross-section area of each element at its most deteriorated point along the length of pile divided by the original area of same element.&lt;br /&gt;
:6.	Percent section loss is 100(1 – PSR) for each element.&lt;br /&gt;
:7.	The greatest PSR dictates the maintenance/repair method.&lt;br /&gt;
:8.	Examine continuity at flange/web intersections. Section loss along these intersections along the length of pile of more than 6 linear inches should be repaired using encasement as either the only method or part of plating/replacing repair method regardless of a low percent section loss.&lt;br /&gt;
:9.	Interference from cross bracing at pile sections to be repaired will need special consideration not detailed on the standard drawings.&lt;br /&gt;
&lt;br /&gt;
{| class=&amp;quot;wikitable&amp;quot; style=&amp;quot;margin: 0 auto; text-align: center&amp;quot;&lt;br /&gt;
|+ &lt;br /&gt;
| style=&amp;quot;background:#BEBEBE&amp;quot; | &#039;&#039;&#039;[https://www.modot.org/bridge-standard-drawings Bridge Standard Drawings]&#039;&#039;&#039;&lt;br /&gt;
|-&lt;br /&gt;
| Rehabilitation, Surfacing &amp;amp; Widening – RHB; Steel HP Pile Maintenance and Repair &lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
Additional types of maintenance and repairs may be considered which include but are not limited to:&lt;br /&gt;
:*	Zinc tape coating&lt;br /&gt;
:*	FRP strengthening&lt;br /&gt;
:*	Corrosion inhibitor&lt;br /&gt;
&lt;br /&gt;
==751.40.4 Barriers and Railings==&lt;br /&gt;
&lt;br /&gt;
===751.40.4.1 End Post Modification for 12-inch Vertical Barrier (Safe &amp;amp; Sound Bridges)===&lt;br /&gt;
&lt;br /&gt;
The 12-inch vertical barrier requires modification to allow attachment of the transition for the Midwest Guardrail System.&lt;br /&gt;
&lt;br /&gt;
{| class=&amp;quot;wikitable&amp;quot; style=&amp;quot;margin: 0 auto; text-align: center&amp;quot;&lt;br /&gt;
|+ &lt;br /&gt;
| style=&amp;quot;background:#BEBEBE&amp;quot; | &#039;&#039;&#039;[https://www.modot.org/bridge-standard-drawings Bridge Standard Drawings]&#039;&#039;&#039;&lt;br /&gt;
|-&lt;br /&gt;
| Barrier End Modifications – BEM &amp;amp; CBO/Barrier End Modification – BEM&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
===751.40.4.2 Replacement of Existing Type B Barrier Using Anchor Systems===&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;NEW BARRIER ON SLAB&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
{| style=&amp;quot;text-align: center; margin: 0 auto;&amp;quot;&lt;br /&gt;
|-&lt;br /&gt;
| [[Image:751.40_Replacement_of_Existing_Curb_(Safety_Barrier_Curb_on_Slab)_Section_Thru_Curb.gif]]&lt;br /&gt;
|-&lt;br /&gt;
| &#039;&#039;&#039;SECTION THRU BARRIER&#039;&#039;&#039;&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
{| style=&amp;quot;text-align: center; margin: 0 auto;&amp;quot;&lt;br /&gt;
|-&lt;br /&gt;
| [[Image:751.40_Replacement_of_Existing_Curb_(Safety_Barrier_Curb_on_Slab)_Section_Thru_Curb_Optional_Anchoring_System.gif]]&lt;br /&gt;
|-&lt;br /&gt;
| &#039;&#039;&#039;SECTION THRU BARRIER&#039;&#039;&#039;&amp;lt;br/&amp;gt;&#039;&#039;&#039;(OPTIONAL ANCHORING SYSTEM)&#039;&#039;&#039;&lt;br /&gt;
|-&lt;br /&gt;
| See [[751.50 Standard Detailing Notes#I2. Resin &amp;amp; Cone Anchors|EPG 751.50 I2. Resin &amp;amp; Cone Anchors]] for appropriate notes.&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;NEW BARRIER ON WING&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
{| style=&amp;quot;text-align: center; margin: 0 auto;&amp;quot;&lt;br /&gt;
|-&lt;br /&gt;
| [[Image:751.40_Replacement_of_Existing_Curb_(Safety_Barrier_Curb_on_Wing)_Section_Thru_Curb.gif]]&lt;br /&gt;
|-&lt;br /&gt;
| &#039;&#039;&#039;SECTION THRU BARRIER(*)&#039;&#039;&#039;&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
{| style=&amp;quot;text-align: center; margin: 0 auto;&amp;quot;&lt;br /&gt;
|-&lt;br /&gt;
| [[Image:751.40_Replacement_of_Existing_Curb_(Safety_Barrier_Curb_on_Wing)_Section_Thru_Curb_Optional_Anchoring_System.gif]]&lt;br /&gt;
|-&lt;br /&gt;
| &#039;&#039;&#039;SECTION THRU BARRIER(*)&#039;&#039;&#039;&amp;lt;br/&amp;gt;&#039;&#039;&#039;(OPTIONAL ANCHORING SYSTEM)&#039;&#039;&#039;&lt;br /&gt;
|}&lt;br /&gt;
:Note:  See [[751.50 Standard Detailing Notes#I2. Resin &amp;amp; Cone Anchors|EPG 751.50 I2. Resin &amp;amp; Cone Anchors]] for appropriate notes.  For details not shown, see [[751.12 Barriers, Railings, Curbs and Fences|EPG 751.12 Barriers, Railings, Curbs and Fences]].&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;REPLACEMENT OF EXISTING BARRIER AT END OF WING USING ANCHOR SYSTEMS&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;INTEGRAL END BENTS&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
{| style=&amp;quot;text-align: center; margin: 0 auto;&amp;quot;&lt;br /&gt;
|-&lt;br /&gt;
| style=&amp;quot;text-align:left; width: 250px&amp;quot; | (*)Extend existing horizontal bars 2&#039;-3&amp;quot; into new concrete.&amp;lt;/br&amp;gt;(**) Fit bar to follow transition face of barrier.&amp;lt;/br&amp;gt;Note: For details of guardrail attachment, see barrier standard drawings. || rowspan=&amp;quot;2&amp;quot; | [[Image:751.40_Replacement_of_Existing_Curb_at_End_of_Wing_(Integral_End_Bents)_Part_Elevation.gif]]&lt;br /&gt;
|-&lt;br /&gt;
| [[Image:751.40_Replacement_of_Existing_Curb_at_End_of_Wing_(Integral_End_Bents)_Anchor_Systems_at_Section_CC.gif]]&lt;br /&gt;
|-&lt;br /&gt;
| &#039;&#039;&#039;ANCHOR SYSTEMS AT SECTION C-C&#039;&#039;&#039; || &#039;&#039;&#039;PART ELEVATION&#039;&#039;&#039;&lt;br /&gt;
|-&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
{| style=&amp;quot;text-align: center; margin: 0 auto;&amp;quot;&lt;br /&gt;
|-&lt;br /&gt;
| [[Image:751.40_Replacement_of_Existing_Curb_at_End_of_Wing_(Integral_End_Bents)_Section_AA.gif]] || [[Image:751.40_Replacement_of_Existing_Curb_at_End_of_Wing_(Integral_End_Bents)_Section_BB.gif]] || [[Image:751.40_Replacement_of_Existing_Curb_at_End_of_Wing_(Integral_End_Bents)_Section_CC.gif]]&lt;br /&gt;
|-&lt;br /&gt;
| &#039;&#039;&#039;SECTION A-A&#039;&#039;&#039; || &#039;&#039;&#039;SECTION B-B&#039;&#039;&#039; || &#039;&#039;&#039;SECTION C-C&#039;&#039;&#039;&lt;br /&gt;
|-&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;REPLACEMENT OF EXISTING BARRIER AT END OF WING USING ANCHOR SYSTEMS&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;NON-INTEGRAL END BENTS&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
{| style=&amp;quot;text-align: center; margin: 0 auto;&amp;quot;&lt;br /&gt;
|-&lt;br /&gt;
| style=&amp;quot;text-align:left; width: 250px&amp;quot; | (*)Extend existing horizontal bars 2&#039;-3&amp;quot; into new concrete.&amp;lt;/br&amp;gt;(**) Fit bar to follow transition face of barrier.&amp;lt;/br&amp;gt;Note: For details of guardrail attachment, see barrier standard drawings. || rowspan=&amp;quot;2&amp;quot; | [[Image:751.40_Replacement_of_Existing_Curb_at_End_of_Wing_(Non-Integral_End_Bents)_Part_Elevation.gif]]&lt;br /&gt;
|-&lt;br /&gt;
| [[Image:751.40_Replacement_of_Existing_Curb_at_End_of_Wing_(Non-Integral_End_Bents)_Anchor_Systems_at_Section_CC.gif]]&lt;br /&gt;
|-&lt;br /&gt;
| &#039;&#039;&#039;ANCHOR SYSTEMS AT SECTION C-C&#039;&#039;&#039; || &#039;&#039;&#039;PART ELEVATION&#039;&#039;&#039;&lt;br /&gt;
|-&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
{| style=&amp;quot;text-align: center; margin: 0 auto;&amp;quot;&lt;br /&gt;
|-&lt;br /&gt;
| [[Image:751.40_Replacement_of_Existing_Curb_at_End_of_Wing_(Non-Integral_End_Bents)_Section_AA.gif]] || [[Image:751.40_Replacement_of_Existing_Curb_at_End_of_Wing_(Non-Integral_End_Bents)_Section_BB.gif]] | [[Image:751.40_Replacement_of_Existing_Curb_at_End_of_Wing_(Non-Integral_End_Bents)_Section_CC.gif]]&lt;br /&gt;
|-&lt;br /&gt;
| &#039;&#039;&#039;SECTION A-A&#039;&#039;&#039; || &#039;&#039;&#039;SECTION B-B&#039;&#039;&#039; || &#039;&#039;&#039;SECTION C-C&#039;&#039;&#039;&lt;br /&gt;
|-&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
===751.40.4.3 Replacement of Existing Rail with Thrie Beam Rail===&lt;br /&gt;
&lt;br /&gt;
As a matter of policy, blockouts for thrie beam railings are required while FHWA does show similar systems without blockouts as NCHRP 350 approved. See the Structural Project Manager (SPM) or the Structural Liaison Engineer (SLE), if practical, to omit blockout. A design exception shall be required. Blockouts shall always be required on major routes.&lt;br /&gt;
&lt;br /&gt;
There are four systems for use on state routes.  In these four systems the connection design load used is 1.5 times plastic moment capacity (Mp) of W6 x 20 Post. The vertical clearance of System 3 shall be checked due to the obtruding lower connection.&lt;br /&gt;
&lt;br /&gt;
{| class=&amp;quot;wikitable&amp;quot; style=&amp;quot;margin: 0 auto; text-align: center&amp;quot;&lt;br /&gt;
|+ &lt;br /&gt;
| style=&amp;quot;background:#BEBEBE&amp;quot; | &#039;&#039;&#039;[https://www.modot.org/bridge-standard-drawings Bridge Standard Drawings]&#039;&#039;&#039;&lt;br /&gt;
|-&lt;br /&gt;
| Thrie Beam Rails - THRIE&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
===751.40.4.4 End Treatment Using Thrie Beam Rail===&lt;br /&gt;
&lt;br /&gt;
[[image:751.40.4.4.jpg|center|700px]]&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
[[image:751.40.4.4 clearance.jpg|center|700px]]&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
Guidance for Design:&lt;br /&gt;
:Adequate clearance to first post off bridge shall be required. (See also [https://www.modot.org/media/16893 Standard Plan 617.10] for new bridges.)&lt;br /&gt;
&lt;br /&gt;
===751.40.4.5 Curb Blockouts===&lt;br /&gt;
&lt;br /&gt;
See [[751.1_Preliminary_Design#751.1.3.4_Barrier_or_Railing_Type.2C_Height_and_Guidelines_for_Curb_Blockouts | EPG 751.1.3.4 Barrier or Railing Type, Height and Guidelines for Curb Blockouts]] for usage guidance.&lt;br /&gt;
&lt;br /&gt;
{| class=&amp;quot;wikitable&amp;quot; style=&amp;quot;margin: 0 auto; text-align: center&amp;quot;&lt;br /&gt;
|+ &lt;br /&gt;
| style=&amp;quot;background:#BEBEBE&amp;quot; | &#039;&#039;&#039;[https://www.modot.org/bridge-standard-drawings Bridge Standard Drawings]&#039;&#039;&#039;&lt;br /&gt;
|-&lt;br /&gt;
| Barrier Modifications – BEM &amp;amp; CBO/Curb Blockouts - CBO&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
==751.40.5 Drainage==&lt;br /&gt;
&lt;br /&gt;
===751.40.5.1 Structure with Wearing Surface Slab Drains - Details===&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Two material options may be used for slab drains:&lt;br /&gt;
&lt;br /&gt;
:&#039;&#039;&#039;1. Steel Slab Drains&#039;&#039;&#039; and inserts are only shown in the following details.&lt;br /&gt;
&lt;br /&gt;
:&#039;&#039;&#039;2. Fiberglass Reinforced Polymer (FRP)&#039;&#039;&#039; drains may be used with the approval of the Structural Project Manager or Structural Liaison Engineer. See [https://epg.modot.org/index.php?title=751.10_General_Superstructure#751.10.3.2.1_New_Structure_Without_Wearing_Surface_Slab_Drains_-_Details EPG 751.10.3.2.1 New Structure Without Wearing Surface Slab Drains - Details] for guidance and details of FRP drains on new structures as an aid.&lt;br /&gt;
&lt;br /&gt;
:A positive mechanical connection must be used for attaching FRP drains to either existing steel drains or to new FRP inserts since welding cannot be used as is shown in the following details for steel drains. For example, using at least four bolt-through connectors (one per side) from new FRP drains into a new wearing surface or an existing steel drain, or using an epoxy adhesive in conjunction with at least two bolt-through connectors is required.  It has been shown that using a more viscous epoxy or anchoring gel is beneficial in order to avoid dripping during placement. Using epoxy adhesive or an anchoring gel by itself is not acceptable.&lt;br /&gt;
&lt;br /&gt;
:FRP drain may not fit exactly to the inside or to the outside of existing steel drain. The looseness of fit can be addressed by considering a combination of attachment details like mechanical connectors (to existing slab drain) plus either a viscous epoxy adhesive or a positive attachment to an exterior girder depending on the length of the slab drain extension. &lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;For new wearing surface over new slab, note on plans:&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
:Piece &amp;quot;A&amp;quot; shall be cast in the concrete slab. Prior to placement of wearing surface, piece &amp;quot;B&amp;quot; shall be inserted into piece &amp;quot;A&amp;quot;.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;FOR STRUCTURE WITH WEARING SURFACE&#039;&#039;&#039;&amp;lt;br/&amp;gt;&#039;&#039;&#039;(GIRDER DEPTH LESS THAN 48&amp;quot;)&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&amp;lt;center&amp;gt;[[Image:751.40_Slab_Drain_Details_(Girder_Depth_Less_than_48_in.)_Part_Elev_of_Slab_at_Drain.gif]]&amp;lt;/center&amp;gt;&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&amp;lt;center&amp;gt;&#039;&#039;&#039;PART ELEVATION OF SLAB AT DRAIN&#039;&#039;&#039;&amp;lt;/center&amp;gt;&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&amp;lt;center&amp;gt;[[Image:751.40_Slab_Drain_Details_(Girder_Depth_Less_than_48_in.)_Elev_of_Drain.gif]]&amp;lt;/center&amp;gt;&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&amp;lt;center&amp;gt;&#039;&#039;&#039;ELEVATION OF DRAIN&#039;&#039;&#039;&amp;lt;/center&amp;gt;&lt;br /&gt;
&lt;br /&gt;
{|border=&amp;quot;0&amp;quot; align=&amp;quot;center&amp;quot;&lt;br /&gt;
&lt;br /&gt;
|*||Deck thickness minus 1/8&amp;quot; minus the depth of the scarification.&lt;br /&gt;
|-&lt;br /&gt;
|**||Do not include the depth of the scarification.&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
&amp;amp;nbsp;&lt;br /&gt;
&amp;amp;nbsp;&lt;br /&gt;
&amp;amp;nbsp;&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&amp;lt;center&amp;gt;[[Image:751.40_Slab_Drain_Details_(Girder_Depth_Less_than_48_in.)_Plan_of_Drain.gif]]&amp;lt;/center&amp;gt;&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&amp;lt;center&amp;gt;&#039;&#039;&#039;PLAN OF DRAIN&#039;&#039;&#039;&amp;lt;/center&amp;gt;&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;FOR STRUCTURE WITH WEARING SURFACE&#039;&#039;&#039;&amp;lt;br/&amp;gt;&#039;&#039;&#039;(GIRDER DEPTH 48&amp;quot; AND OVER)&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
{|border=&amp;quot;0&amp;quot; cellpadding=&amp;quot;5&amp;quot; align=&amp;quot;center&amp;quot; style=&amp;quot;text-align:center&amp;quot;&lt;br /&gt;
&lt;br /&gt;
|rowspan=&amp;quot;3&amp;quot;|[[Image:751.40_Slab_Drain_Details_(Girder_Depth_48_in._and_over)_Part_Elevation_of_Slab_at_Drain.gif]]&lt;br /&gt;
|[[Image:751.40_Slab_Drain_Details_(Girder_Depth_48_in._and_over)_Elev_of_Drain.gif]]&lt;br /&gt;
|-&lt;br /&gt;
|&#039;&#039;&#039;ELEVATION OF DRAIN&#039;&#039;&#039;&amp;lt;!--cell a occupied by [[Image:751.40_Slab_Drain_Details_(Girder_Depth_48_in._and_over)_Part_Elevation_of_Slab_at_Drain.gif]]--&amp;gt;&lt;br /&gt;
|-&lt;br /&gt;
|[[Image:751.40_Slab_Drain_Details_(Girder_Depth_48_in._and_over)_Plan_of_Drain.gif]]&amp;lt;!--cell a occupied by [[Image:751.40_Slab_Drain_Details_(Girder_Depth_48_in._and_over)_Part_Elevation_of_Slab_at_Drain.gif]]--&amp;gt;&lt;br /&gt;
|-&lt;br /&gt;
|&#039;&#039;&#039;PART ELEVATION OF SLAB AT DRAIN&#039;&#039;&#039;||&#039;&#039;&#039;PLAN OF DRAIN&#039;&#039;&#039;&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
::{|border=&amp;quot;0&amp;quot;&lt;br /&gt;
&lt;br /&gt;
|valign=&amp;quot;top&amp;quot;|*||If dimension is less than 1&amp;quot;, drains shall be placed parallel to roadway.  Otherwise, place drains transverse to roadway.&lt;br /&gt;
|-&lt;br /&gt;
|valign=&amp;quot;top&amp;quot;|**||Do not include the depth of the scarification.&lt;br /&gt;
|-&lt;br /&gt;
|valign=&amp;quot;top&amp;quot;|***||Deck thickness minus 1/8&amp;quot; minus the depth of the scarification.&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
{|border=&amp;quot;0&amp;quot; align=&amp;quot;center&amp;quot; style=&amp;quot;text-align:center&amp;quot;&lt;br /&gt;
&lt;br /&gt;
|colspan=&amp;quot;2&amp;quot;|[[Image:751.40_Slab_Drain_Details_(Girder_Depth_48_in._and_over)_Part_Plans_Showing_Bracket_Assembly.gif]]&lt;br /&gt;
|-&lt;br /&gt;
|&#039;&#039;&#039;DRAIN TRANSVERSE TO ROADWAY&#039;&#039;&#039;||&#039;&#039;&#039;DRAIN PARALLEL TO ROADWAY&#039;&#039;&#039;&lt;br /&gt;
|-&lt;br /&gt;
|&amp;amp;nbsp;&lt;br /&gt;
|-&lt;br /&gt;
|colspan=&amp;quot;2&amp;quot;|&#039;&#039;&#039;PART PLANS SHOWING BRACKET ASSEMBLY&#039;&#039;&#039;&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;FOR STRUCTURE WITH WEARING SURFACE&#039;&#039;&#039;&amp;lt;BR/&amp;gt;&#039;&#039;&#039;(CONTINUOUS CONCRETE STRUCTURES)&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&amp;lt;center&amp;gt;[[Image:751.40_Slab_Drain_Details_(Continuous_Concrete_Structures)_Part_Section_Near_Drain.gif]]&amp;lt;/center&amp;gt;&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&amp;lt;center&amp;gt;&#039;&#039;&#039;PART SECTION NEAR DRAIN&#039;&#039;&#039;&amp;lt;/center&amp;gt;&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&amp;lt;center&amp;gt;[[Image:751.40 Slab Drain Details (Continuous Concrete Structures) Elevation of Drain.gif]]&amp;lt;/center&amp;gt;&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&amp;lt;center&amp;gt;&#039;&#039;&#039;ELEVATION OF DRAIN&#039;&#039;&#039;&amp;lt;/center&amp;gt;&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&amp;lt;center&amp;gt;[[Image:751.40_Slab_Drain_Details_(Continuous_Concrete_Structures)_Plan_of_Drain.gif]]&amp;lt;/center&amp;gt;&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&amp;lt;center&amp;gt;&#039;&#039;&#039;PLAN OF DRAIN&#039;&#039;&#039;&amp;lt;/center&amp;gt;&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
{|border=&amp;quot;0&amp;quot; align=&amp;quot;center&amp;quot;&lt;br /&gt;
&lt;br /&gt;
|*||Deck thickness minus 1/8&amp;quot; minus the depth of the scarification.&lt;br /&gt;
|-&lt;br /&gt;
|**||Do not include the depth of scarification.&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;FOR STRUCTURE WITH WEARING SURFACE&#039;&#039;&#039;&amp;lt;BR/&amp;gt;&#039;&#039;&#039;(VARIABLE DEPTH GIRDERS)&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&amp;lt;center&amp;gt;[[Image:751.40_Slab_Drain_Details_(Variable_Depth_Girders)_Part_Elevation_of_Slab_at_Drain.gif]]&amp;lt;/center&amp;gt;&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&amp;lt;center&amp;gt;&#039;&#039;&#039;PART ELEVATION OF SLAB AT DRAIN&#039;&#039;&#039;&amp;lt;/center&amp;gt;&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
Note:  For variable depth girders with drains in deeper section, let the deeper section control and use throughout the structure.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&amp;lt;center&amp;gt;[[Image:751.40_Slab_Drain_Details_(Variable_Depth_Girders)_Typ_Section_Straight_Drain.gif]]&amp;lt;/center&amp;gt;&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&amp;lt;center&amp;gt;&#039;&#039;&#039;TYPICAL SECTION STRAIGHT DRAIN&#039;&#039;&#039;&amp;lt;/center&amp;gt;&lt;br /&gt;
&lt;br /&gt;
===751.40.5.2 Structure with Wearing Surface Round Slab Drains - Details===&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;FOR STRUCTURE WITH WEARING SURFACE&#039;&#039;&#039;&amp;lt;BR/&amp;gt;&#039;&#039;&#039;MISCELLANEOUS DETAILS - ROUND DRAINS&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
FRP round drains may be used optionally unless otherwise specified. See [https://epg.modot.org/index.php?title=751.10_General_Superstructure#751.10.3_Bridge_Deck_Drainage_-_Slab_Drains EPG 751.10.3 Bridge Deck Drainage – Slab Drains] for guidance and details as an aid. Specify nominal pipe size as needed referencing ASTM D2996. Specify outer diameter based on nominal pipe size necessary for drainage for coring the correct size hole in deck. &lt;br /&gt;
&lt;br /&gt;
Note: See EPG 751.10.3 Bridge Deck Drainage – Slab Drain for slab drain spacing. &lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
{|border=&amp;quot;0&amp;quot; align=&amp;quot;center&amp;quot; style=&amp;quot;text-align:center&amp;quot;&lt;br /&gt;
&lt;br /&gt;
|[[image:751.40.5.2 typical.jpg|center|275px]]&lt;br /&gt;
|[[image:751.40.5.2 section.jpg|center|250px]]&lt;br /&gt;
|-&lt;br /&gt;
|&#039;&#039;&#039;TYPICAL PART PLAN&#039;&#039;&#039;||&#039;&#039;&#039;SECTION SHOWING BRACKET ASSEMBLY&#039;&#039;&#039;&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&amp;lt;center&amp;gt;[[Image:751.40_Slab_Drain_Details_(Misc._Details_-_Round_Drains)_Typical_Part_Plan_of_Drain.gif]]&amp;lt;/center&amp;gt;&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&amp;lt;center&amp;gt;&#039;&#039;&#039;TYPICAL PART PLAN OF DRAIN&#039;&#039;&#039;&amp;lt;/center&amp;gt;&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&amp;lt;center&amp;gt;Note:  See [[751.50 Standard Detailing Notes|EPG 751.50 Standard Detailing Notes]] for appropriate notes.&amp;lt;/center&amp;gt;&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
===751.40.5.3 Structure with Wearing Surface Raising Slab Drains or Scuppers - Details===&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;FOR STRUCTURE WITH WEARING SURFACE&#039;&#039;&#039;&amp;lt;br/&amp;gt;&#039;&#039;&#039;RAISING SLAB DRAINS&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&amp;lt;center&amp;gt;[[Image:751.40_Slab_Drain_Details_(Raising_Standard_Slab_Drains)_Part_Section_of_Drain.gif]]&amp;lt;/center&amp;gt;&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&amp;lt;center&amp;gt;&#039;&#039;&#039;PART SECTION OF DRAIN&#039;&#039;&#039;&amp;lt;/center&amp;gt;&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&amp;lt;center&amp;gt;[[Image:751.40_Slab_Drain_Details_(Raising_Standard_Slab_Drains)_Part_Plan_of_Existing_Drain.gif]]&amp;lt;/center&amp;gt;&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&amp;lt;center&amp;gt;&#039;&#039;&#039;PART PLAN OF EXISTING DRAIN&#039;&#039;&#039;&amp;lt;/center&amp;gt;&lt;br /&gt;
&lt;br /&gt;
&amp;lt;center&amp;gt;Note:&amp;lt;br/&amp;gt;Outside dimensions of drain extension are 7-1/4&amp;quot; x 3-1/4&amp;quot;, and drain extension shall be galvanized in accordance with ASTM A123.&amp;lt;/center&amp;gt;&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;FOR STRUCTURE WITH WEARING SURFACE&#039;&#039;&#039;&amp;lt;br/&amp;gt;&#039;&#039;&#039;RAISING SCUPPERS&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&amp;lt;center&amp;gt;[[Image:751.40_Slab_Drain_Details_(Details_for_Raising_Scuppers)_Typ_Section_thru_Scupper.gif]]&amp;lt;/center&amp;gt;&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&amp;lt;center&amp;gt;&#039;&#039;&#039;TYPICAL SECTION THRU SCUPPER&#039;&#039;&#039;&amp;lt;/center&amp;gt;&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&amp;lt;center&amp;gt;[[Image:751.40_Slab_Drain_Details_(Details_for_Raising_Scuppers)_Plan_of_Grate_Support_and_Scupper_Extension.gif]]&amp;lt;/center&amp;gt;&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&amp;lt;center&amp;gt;&#039;&#039;&#039;PLAN OF GRATE SUPPORT&#039;&#039;&#039;&amp;lt;BR/&amp;gt;&#039;&#039;&#039;AND&#039;&#039;&#039;&amp;lt;BR/&amp;gt;&#039;&#039;&#039;PLAN OF SCUPPER EXTENSION&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;*&#039;&#039;&#039; Plate thicknesses should match those of existing scupper and existing grate.&amp;lt;/center&amp;gt;&lt;br /&gt;
&lt;br /&gt;
===751.40.5.4 Cored Slab Drains===&lt;br /&gt;
Cored slab drains may be installed in areas where the existing drainage is a concern, but the deck is not in need of replacement. Typically, 4-inch diameter drains are installed vertically to avoid the deck reinforcing steel which is typically spaced at 5-inch centers. If necessary, larger diameter drains or angled drains may be used with approval of the SPM or SLE.&lt;br /&gt;
&lt;br /&gt;
{| border=&amp;quot;1&amp;quot; class=&amp;quot;wikitable&amp;quot; style=&amp;quot;margin: 0 auto; text-align: center&amp;quot;&lt;br /&gt;
|+ &lt;br /&gt;
| style=&amp;quot;background:#BEBEBE&amp;quot; | &#039;&#039;&#039;[https://www.modot.org/bridge-standard-drawings Bridge Standard Drawings]&#039;&#039;&#039;&lt;br /&gt;
|-&lt;br /&gt;
| Rehabilitation, Surfacing &amp;amp; Widening - RHB/Cored Slab Drain for Existing Bridge Deck [RHB18]&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
==751.40.6 Closure Pour==&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
Note:&lt;br /&gt;
&lt;br /&gt;
For closure pour on solid slab or voided slab bridges, use expansive concrete.&lt;br /&gt;
&lt;br /&gt;
Release the forms before the closure pour is placed.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&amp;lt;center&amp;gt;[[Image:751.40_Closure_Pour_-_Part_Section_Thru_Roadway.gif]]&amp;lt;/center&amp;gt;&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&amp;lt;center&amp;gt;&#039;&#039;&#039;PART SECTION THRU ROADWAY&#039;&#039;&#039;&amp;lt;/center&amp;gt;&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
==751.40.7 Design and Posting Considerations==&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
Existing structures to redecked and/or widened should be evaluated to determine if the superstructure is considered to be structurally adequate. The structural adequacy check should be determined based on load ratings using the Load Factor Method. Strengthening of the superstructure will not be required if the minimum posting values shown below meet or exceed legal load requirements. In addition, there may be cases where the existing bridge posting is acceptable based on the bridge specific site conditions such as AADT, amount of truck traffic, overweight permit route, etc.&lt;br /&gt;
&lt;br /&gt;
 &lt;br /&gt;
{|border=&amp;quot;0&amp;quot;&lt;br /&gt;
&lt;br /&gt;
|1)||H20 (one lane with Impact) [Posting Rating] ≥ 23 tons&lt;br /&gt;
|-&lt;br /&gt;
|2)||3S2 (one lane with impact) [Posting Rating] ≥ 40 tons&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
Posting Rating = 86% of Load Factor Operating Rating (Refer to figures below for H20, 3S2 and MO5 criteria).&lt;br /&gt;
&lt;br /&gt;
If a structure is located within a commercial zone, then the following additional posting condition must be investigated:&lt;br /&gt;
&lt;br /&gt;
{|border=&amp;quot;0&amp;quot;&lt;br /&gt;
&lt;br /&gt;
|3)||M05 (two lane with impact) [Operating Rating] ≥ 70 Tons (posting limit)&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
Any other overstresses or inadequacies (slab, substructure, etc.) shall be reported to the Structural Project Manager.&lt;br /&gt;
&lt;br /&gt;
Deck thickness for redecks shall be determined such that Posting will not be required or the existing posting is not lowered, and it is generally not less than original deck thickness.&lt;br /&gt;
&lt;br /&gt;
Deck thickness for widenings shall be existing thickness unless thicker slab does not create overall deck stiffening irregularities.&lt;br /&gt;
&lt;br /&gt;
See Structural Project Manager if AASHTO minimum deck thickness can not be used on redecks and widenings.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
Future Wearing Surface (FWS) Loadings for widenings with concrete wearing surfaces - In addition to weight of wearing surface:&lt;br /&gt;
&lt;br /&gt;
:Add FWS of 35 psf to the design of new girders if existing girders are sufficient for the 35 psf FWS&lt;br /&gt;
 &lt;br /&gt;
:Lower FWS loading to 15 psf if existing girders are not sufficient for FWS loading of 35 psf&lt;br /&gt;
 &lt;br /&gt;
:If existing girders are not sufficient for any FWS then lower FWS to FWS = 0.&lt;br /&gt;
 &lt;br /&gt;
:The existing ratings should be reviewed to determine what wearing surface loads were used.  When necessary, the rating should be evaluated for acceptability of the proposed changes in the wearing surface loads and geometry.  Preliminary ratings that are based on estimated geometry shall be revised when the updated, final geometry is known.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&amp;lt;center&amp;gt;[[Image:751.40_Posting_Rating_(H20_Legal_Truck).gif]]&amp;lt;/center&amp;gt;&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&amp;lt;center&amp;gt;[[Image:751.40_Posting_Rating_(3S2_Truck).gif]]&amp;lt;/center&amp;gt;&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&amp;lt;center&amp;gt;[[Image:751.40_Posting_Rating_(MO5_Truck).gif]]&amp;lt;/center&amp;gt;&lt;br /&gt;
&lt;br /&gt;
== 751.40.8 Design Information when using AASHTO Standard Specifications for Highway Bridges 17th Edition ==&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
=== 751.40.8.1 Loadings ===&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
==== 751.40.8.1.1 Live Load ====&lt;br /&gt;
&lt;br /&gt;
Structures shall be designed to carry the dead load, live load, impact (or dynamic effect of the live load), wind load and other forces, when they are applicable.&lt;br /&gt;
&lt;br /&gt;
Members shall be designed with reference to service loads and allowable stresses as provided in AASHTO (17th edition) Service Load Design Method (Allowable Stress Design) or with reference to factored load and factored strength as provided in AASHTO Strength Design Method (Load Factor Design). Load groups represent various combination of loads and forces to which a structure may be subjected. Group loading combinations for Service Load Design and Load Factor Design are given by AASHTO (17th edition) 3.22.1 and AASHTO (17th edition) Table 3.22.1A.&lt;br /&gt;
&lt;br /&gt;
The live load shall consist of the applied moving load of vehicles and pedestrians. The design live load to be used in the design of bridges for the state system will be as stated on the Bridge Memorandum.&lt;br /&gt;
*The design truck: HS20-44 or HS20-44 Modified&lt;br /&gt;
*The design tandem (Military)&lt;br /&gt;
*The design lane loading&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Criteria&#039;&#039;&#039;&lt;br /&gt;
#All widened or retrofitted bridges on the National Highway System and in commercial zones may be designed for HS20-44 Modified loading. All remaining bridges will be designed for HS20-44 loading.&lt;br /&gt;
#The Design Tandem loading is to be checked on national highway system or when Alternate Military loading appears on the Bridge Memorandum.&lt;br /&gt;
#Carrying members of each structure shall be investigated for the appropriate loading. &lt;br /&gt;
#*Main carrying members include:&lt;br /&gt;
#**Steel or Concrete stringers or girders.&lt;br /&gt;
#**Longitudinally reinforced concrete slabs supported on transverse floor beams or substructure units (includes hollow slabs).&lt;br /&gt;
#**Transversely reinforced concrete slabs supported by main carrying members parallel to traffic and over 8&#039;-0&amp;quot; center to center. Use the formulas for moment in AASHTO Article 3.24.3.1 Case A.&lt;br /&gt;
#**Steel grid floors when the main elements of the grid extend in a direction parallel to traffic, or with main elements transverse to traffic on supports more than 8&#039;-0&amp;quot; apart.&lt;br /&gt;
#**Timber floors and orthotropic steel decks.&lt;br /&gt;
#The reduction in live load for calculating substructure members is based on AASHTO 3.12.1. See Live Load Distribution in the Load Distribution Section.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;HS20-44 Truck Loading&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
The HS20-44 truck is defined below as one 8 kip axle load and two 32 kip axle loads spaced as shown.&lt;br /&gt;
&lt;br /&gt;
&amp;lt;center&amp;gt;[[Image:751.40 loadings-hs20-44 truck loading(side).gif]]&amp;lt;/center&amp;gt;&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
Varies = Variable spacing 14’ to 30’ inclusive. Spacing to be used is that which produces the maximum stresses.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&amp;lt;center&amp;gt;[[Image:751.40 loadings-hs20-44 truck loading(back).gif]]&amp;lt;/center&amp;gt;&lt;br /&gt;
&lt;br /&gt;
&amp;lt;center&amp;gt;&#039;&#039;&#039;HS20-44 Design Truck&#039;&#039;&#039;&amp;lt;/center&amp;gt;&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
(*) In the design of timber floors and orthotropic steel decks (excluding transverse beams) for H-20 Loading, one axle load of 24 kips or two axle loads of 16 kip each, spaced 4 feet apart may be used, whichever produces the greater stress, instead of the 32 kip axle load shown.&lt;br /&gt;
&lt;br /&gt;
(**) For slab design, the center line of wheels shall be assumed to be one foot from face of cur&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;HS20-44 Modified Truck Loading&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
The HS20-44 Modified truck is defined below as one 10 kip axle load and &lt;br /&gt;
two 40 kip axle loads spaced as shown. This is the same as HS20-44 truck modified by a factor of 1.25.&lt;br /&gt;
&lt;br /&gt;
&amp;lt;center&amp;gt;[[Image:751.40 loadings-hs20-44 modified truck loading(side).gif]]&amp;lt;/center&amp;gt;&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
Varies = Variable spacing 14’ to 30’ inclusive. Spacing to be used is that which produces the maximum stresses.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&amp;lt;center&amp;gt;[[Image:751.40 loadings-hs20-44 modified truck loading(back).gif]]&amp;lt;/center&amp;gt;&lt;br /&gt;
&lt;br /&gt;
&amp;lt;center&amp;gt;&#039;&#039;&#039;HS20-44 Modified Design Truck&#039;&#039;&#039;&amp;lt;/center&amp;gt;&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
(*) For slab design, the center line of wheels shall be assumed to be one foot from face of curb.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Design Tandem Loading&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
The Design Tandem Loading is a two axle load each of 24 kips. These axles are spaced at 4&#039;-0&amp;quot; centers. The transverse spacing of wheels shall be taken as 6&#039;-0&amp;quot;.&lt;br /&gt;
&lt;br /&gt;
&amp;lt;center&amp;gt;[[Image:751.40 loadings-design tandem loading(plan view).gif]]&amp;lt;/center&amp;gt;&lt;br /&gt;
&lt;br /&gt;
&amp;lt;center&amp;gt;&#039;&#039;&#039;Design Tandem Loading - Plan View&#039;&#039;&#039;&amp;lt;/center&amp;gt;&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Design Lane Loading&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
*For HS20-44 Truck, the design lane load shall consist of a load 640 lbs per linear foot, uniformly distributed in the longitudinal direction with a single concentrated load (or two concentrated loads in case of continuous spans for determination of maximum negative moment), so placed on the span as to produce maximum stress. The concentrated load and uniform load shall be considered as uniformly distributed over a 10&#039;-0&amp;quot; width on a line normal to the center line of the lane.&lt;br /&gt;
*For HS20-44 Modified Truck, use the HS20-44 truck modified by a factor of 1.25.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&amp;lt;center&amp;gt;[[Image:751.40 loadings-design lane loading.gif]]&amp;lt;/center&amp;gt;&lt;br /&gt;
&lt;br /&gt;
&amp;lt;center&amp;gt;&#039;&#039;&#039;Design Lane Loading&#039;&#039;&#039;&amp;lt;/center&amp;gt;&lt;br /&gt;
&lt;br /&gt;
*For the design of continuous structures, an additional concentrated load is placed in another span to create the maximum effect. For positive moments, only one concentrated load is used, combined with as many spans loaded uniformly as are required to produce the maximum moment.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Standard Roadway Width&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
:26&#039;-0&amp;quot;  (up to 2 traffic lanes)&lt;br /&gt;
:28&#039;-0&amp;quot;  (up to 2 traffic lanes)&lt;br /&gt;
:30&#039;-0&amp;quot;  (up to 3 traffic lanes)&lt;br /&gt;
:32&#039;-0&amp;quot;  (up to 3 traffic lanes)&lt;br /&gt;
:36&#039;-0&amp;quot;  (up to 3 traffic lanes)	&lt;br /&gt;
:38&#039;-0&amp;quot;  (up to 3 traffic lanes)&lt;br /&gt;
:40&#039;-0&amp;quot;  (up to 4 traffic lanes)&lt;br /&gt;
:44&#039;-0&amp;quot;  (up to 4 traffic lanes)&lt;br /&gt;
&lt;br /&gt;
==== 751.40.8.1.2 Impact ====&lt;br /&gt;
&lt;br /&gt;
Highway live loads shall be increased by a factor given by the following formula:&lt;br /&gt;
&lt;br /&gt;
&amp;lt;math&amp;gt;\, I = \frac {50}{L + 125}&amp;lt;/math&amp;gt; &amp;amp;nbsp; &amp;lt;math&amp;gt;\,L &amp;lt;/math&amp;gt; in feet&lt;br /&gt;
&lt;br /&gt;
For continuous spans, &amp;lt;math&amp;gt;\, L&amp;lt;/math&amp;gt; to be used in this equation for negative moments is the average of two adjacent spans at an intermediate bent or the length of the end span at an end bent. For positive moments, &amp;lt;math&amp;gt;\, L&amp;lt;/math&amp;gt; is the span length from center to center of support for the span under consideration.&lt;br /&gt;
&lt;br /&gt;
Impact is never to be more than 30 percent. It is intended that impact be included as part of the loads transferred from superstructure to substructure but not in loads transferred to footings or parts of substructure that are below the ground line.  The design of neoprene bearing pads also does not include impact in the design loads.&lt;br /&gt;
&lt;br /&gt;
==== 751.40.8.1.3 Collision Force ====&lt;br /&gt;
&lt;br /&gt;
Collision forces shall be applied to the barrier or railing in the design of the cantilever slab.  A force of 10 kips is to be applied at the top of the standard barrier or railing. This force is distributed through the barrier or railing to the slab.&lt;br /&gt;
&lt;br /&gt;
==== 751.40.8.1.4 Centrifugal Force ====&lt;br /&gt;
&lt;br /&gt;
Structures on curves shall be designed for a horizontal radial force equal to the following percentage of the live load in all the lanes, without impact.&lt;br /&gt;
&lt;br /&gt;
&amp;lt;math&amp;gt;\, C = \frac {6.68 S^2}{R}&amp;lt;/math&amp;gt;&lt;br /&gt;
&lt;br /&gt;
Where:&lt;br /&gt;
{|&lt;br /&gt;
|&amp;lt;math&amp;gt;\, C&amp;lt;/math&amp;gt;||= the centrifugal force in percent of the live load&lt;br /&gt;
|-&lt;br /&gt;
|&amp;lt;math&amp;gt;\, S&amp;lt;/math&amp;gt;||= the design speed in miles per hour&lt;br /&gt;
|-&lt;br /&gt;
|&amp;lt;math&amp;gt;\, R&amp;lt;/math&amp;gt;||= the radius of the curve in feet&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
This force shall be applied at 6 feet above the centerline of the roadway with one design truck being placed in each lane in a position to create the maximum effect. Lane loads shall not be used in calculating centrifugal forces.&lt;br /&gt;
&lt;br /&gt;
The effects of superelevation shall be taken into account.&lt;br /&gt;
&lt;br /&gt;
==== 751.40.8.1.5 Lateral Earth Pressure ====&lt;br /&gt;
&lt;br /&gt;
Structures which retain fills shall be designed for active earth pressures as&lt;br /&gt;
&lt;br /&gt;
&amp;lt;math&amp;gt;\, P_a = 0.5 (\gamma K_a) H^2&amp;lt;/math&amp;gt;&lt;br /&gt;
&lt;br /&gt;
Where:&lt;br /&gt;
{|&lt;br /&gt;
|&amp;lt;math&amp;gt;\, P_a&amp;lt;/math&amp;gt;||colspan=&amp;quot;2&amp;quot;|= active earth pressure per length (lb/ft)&lt;br /&gt;
|-&lt;br /&gt;
|&amp;lt;math&amp;gt;\, \gamma&amp;lt;/math&amp;gt;||colspan=&amp;quot;2&amp;quot;|= unit weight of the back fill soil = 120 lb/ft³&lt;br /&gt;
|-&lt;br /&gt;
|&amp;lt;math&amp;gt;\, K_a&amp;lt;/math&amp;gt;||colspan=&amp;quot;2&amp;quot;|= coefficient of active earth pressure as given by Rankine’s formula&lt;br /&gt;
|-&lt;br /&gt;
|&amp;lt;math&amp;gt;\, \gamma K_a&amp;lt;/math&amp;gt;||= &amp;lt;math&amp;gt;\, p_a&amp;lt;/math&amp;gt;||= equivalent fluid pressure (lb/ft³)(*)&lt;br /&gt;
|-&lt;br /&gt;
|&amp;lt;math&amp;gt;\, H&amp;lt;/math&amp;gt;||colspan=&amp;quot;2&amp;quot;|= height of the back fill soil (ft)&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Rankine&#039;s Formula&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
The coefficient of active earth pressure &amp;lt;math&amp;gt;\, K_a&amp;lt;/math&amp;gt; is:&lt;br /&gt;
&lt;br /&gt;
&amp;lt;math&amp;gt;\, K_a = (cos \alpha) \Bigg( \frac {cos \alpha - \sqrt{cos^2 \alpha - cos^2 \phi}}{cos \alpha + \sqrt{cos^2 \alpha - cos^2 \phi}} \Bigg)&amp;lt;/math&amp;gt;&lt;br /&gt;
&lt;br /&gt;
Where:&lt;br /&gt;
{|&lt;br /&gt;
|&amp;lt;math&amp;gt;\, \phi&amp;lt;/math&amp;gt;||= angle of internal friction of the backfill soil (*)&lt;br /&gt;
|-&lt;br /&gt;
|&amp;lt;math&amp;gt;\, \alpha&amp;lt;/math&amp;gt;|| = the angle of incline of the backfill&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
If the backfill surface is level, angle a is zero and &amp;lt;math&amp;gt;\, K_a&amp;lt;/math&amp;gt; is:&lt;br /&gt;
&lt;br /&gt;
&amp;lt;math&amp;gt;\, K_a = \frac {1 - sin \phi}{1 + sin \phi}&amp;lt;/math&amp;gt;&lt;br /&gt;
&lt;br /&gt;
(*) Use the internal friction angle indicated on the Bridge Memorandum. However, if the friction angle is not determined, use the minimum equivalent fluid pressure value, &amp;lt;math&amp;gt;\, p_a&amp;lt;/math&amp;gt; , of 45 lb/ft³ for bridges and retaining walls. For box culverts use a maximum of 60 lb/ft³ and a minimum of 30 lb/ft³ for fluid pressure.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Live Load Surcharge&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
An additional earth pressure shall be applied to all structures which have live loads within a distance of half the structure height. This additional force shall be equal to adding 2&#039;-0&amp;quot; of fill to that presently being retained by the structure.&lt;br /&gt;
&lt;br /&gt;
==== 751.40.8.1.6 Longitudinal Forces (Braking Forces) ====&lt;br /&gt;
&lt;br /&gt;
A longitudinal force of 5% of the live load shall be applied to the structure. This load shall be 5% of the lane load plus the concentrated load for moment applied to all lanes and adjusted by the lane reduction factor. Apply this force at 6 feet above the top of slab and to be transmitted to the substructure through the superstructure.&lt;br /&gt;
&lt;br /&gt;
==== 751.40.8.1.7 Wind Load ====&lt;br /&gt;
&lt;br /&gt;
Wind loads shall be applied to the structure regardless of length.&lt;br /&gt;
&lt;br /&gt;
The pressure generated by wind load is:&lt;br /&gt;
&lt;br /&gt;
&amp;lt;math&amp;gt;\, P = K V^2&amp;lt;/math&amp;gt;&lt;br /&gt;
&lt;br /&gt;
Where:&lt;br /&gt;
{|&lt;br /&gt;
|&amp;lt;math&amp;gt;\, P&amp;lt;/math&amp;gt;||= wind pressure in pounds per square foot&lt;br /&gt;
|-&lt;br /&gt;
|&amp;lt;math&amp;gt;\, V&amp;lt;/math&amp;gt;||= design wind velocity = 100 miles per hour&lt;br /&gt;
|-&lt;br /&gt;
|&amp;lt;math&amp;gt;\, K&amp;lt;/math&amp;gt;||= 0.004 for wind load&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
Basic wind load (pressure) = 0.004 x (100)² = 40 lb/ft²&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Wind Load for Superstructure Design&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Transverse&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
A wind load of the following intensity shall be applied horizontally at right angles to the longitudinal axis of the structure.&lt;br /&gt;
*Trusses and Arches = 75 pounds per square foot  = &amp;lt;math&amp;gt;\, W_t&amp;lt;/math&amp;gt; &lt;br /&gt;
*Girders and Beams = 50 pounds per square foot (*) = &amp;lt;math&amp;gt;\, W_t&amp;lt;/math&amp;gt;  (for plate girder lateral bracing check only)&lt;br /&gt;
*The total force shall not be less than 300 pounds per linear foot in the plane of windward chord and 150 pounds per linear foot in the plane of the leeward chord on truss spans, and not less than 300 pounds per linear foot on girder spans.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Wind Load for Substructure Design&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
Forces transmitted to the substructure by the superstructure and forces applied directly to the substructure by wind load shall be as follows:&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Forces from Superstructure: Wind on Superstructure&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Transverse&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
A wind load of the following intensity shall be applied horizontally at right angles to the longitudinal axis of the structure.&lt;br /&gt;
*Trusses and Arches = 75 pounds per square foot  = &amp;lt;math&amp;gt;\, W_t&amp;lt;/math&amp;gt; &lt;br /&gt;
*Girders and Beams  = 50 pounds per square foot (*) = &amp;lt;math&amp;gt;\, W_t&amp;lt;/math&amp;gt;&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;(*)  Use Wt = 60 lbs/ft²  for design wind force on girders and beams If the column height on a structure is greater than 50 feet, where the height is the average column length from ground line to bottom of beam.&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
The transverse wind force for a bent will be:&lt;br /&gt;
&lt;br /&gt;
&amp;lt;math&amp;gt;\, P = L \times H \times W_t&amp;lt;/math&amp;gt;&lt;br /&gt;
&lt;br /&gt;
Where:&lt;br /&gt;
{|&lt;br /&gt;
|valign=&amp;quot;top&amp;quot;|&amp;lt;math&amp;gt;\, L&amp;lt;/math&amp;gt;||= length in feet = the average of two adjacent spans for intermediate bents and half of the length of the end span for end bents.&lt;br /&gt;
|-&lt;br /&gt;
|valign=&amp;quot;top&amp;quot;|&amp;lt;math&amp;gt;\, H&amp;lt;/math&amp;gt;||= the total height of the girders, slab, barrier or raling and any superelevation of the roadway, in feet&lt;br /&gt;
|-&lt;br /&gt;
|valign=&amp;quot;top&amp;quot;|&amp;lt;math&amp;gt;\, W_t&amp;lt;/math&amp;gt;|| =  wind force per unit area in pounds per square foot&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
This transverse wind force will be applied at the top of the beam cap for the design of the substructure.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Longitudinal (**)&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
The standard wind force in the longitudinal direction shall be applied as a percentage of the transverse loading. Use approximately 25%. &lt;br /&gt;
&lt;br /&gt;
:{|&lt;br /&gt;
|Truss and Arch Structures||&amp;lt;math&amp;gt;\, W_I&amp;lt;/math&amp;gt;||= 75 x 0.25 = approximately 20 lbs/ft²&lt;br /&gt;
|-&lt;br /&gt;
|Girder Structures||&amp;lt;math&amp;gt;\, W_I&amp;lt;/math&amp;gt;||= 50 x 0.25 = approximately 12 lbs/ft²&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
The total longitudinal wind force &amp;lt;math&amp;gt;\, P&amp;lt;/math&amp;gt; will be:&lt;br /&gt;
&lt;br /&gt;
&amp;lt;math&amp;gt;\, P = L \times H \times W_I&amp;lt;/math&amp;gt;&lt;br /&gt;
&lt;br /&gt;
Where:&lt;br /&gt;
{|&lt;br /&gt;
|&amp;lt;math&amp;gt;\, L&amp;lt;/math&amp;gt;||= the overall bridge length in feet&lt;br /&gt;
|-&lt;br /&gt;
|valign=&amp;quot;top&amp;quot;|&amp;lt;math&amp;gt;\, H&amp;lt;/math&amp;gt;||= the total height of the girders, slab, barrier or railing and anysuperelevation of the roadway, in feet&lt;br /&gt;
|-&lt;br /&gt;
|&amp;lt;math&amp;gt;\, W_I&amp;lt;/math&amp;gt;||= wind force per unit area in pounds per square foot&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
This longitudinal force is distributed to the bents based on their stiffness. (**) &lt;br /&gt;
&lt;br /&gt;
The longitudinal wind force for the bent will be applied at the top of the beam cap for the design of the substructure.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Forces from Superstructure:  Wind on Live Load&#039;&#039;&#039; &lt;br /&gt;
&lt;br /&gt;
A force of 100 pounds per linear foot of the structure shall be applied transversely to the structure along with a force of 40 pounds per linear foot longitudinally. These forces are assumed to act 6 feet above the top of slab. &lt;br /&gt;
The transverse force is applied at the bents based on the length of the adjacent spans affecting them. The longitudinal force is distributed to the bents based on their stiffness. (**)&lt;br /&gt;
&lt;br /&gt;
(**) See [[751.2 Loads#751.2.4.6 Longitudinal Wind Force Distribution|EPG 751.2.4.6 Longitudinal Wind Force Distribution]]. &lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Forces Applied Directly to the Substructure&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
The transverse and longitudinal forces to be applied directly to the substructure elements shall be calculated from an assumed basic wind force of 40 lbs/ft². This wind force per unit area shall be multiplied by the exposed area of each substructure member in elevation (use front view for longitudinal force and side view for transversely force, respectively). These forces are acting at the center of gravity of the exposed portion of the member. &lt;br /&gt;
&lt;br /&gt;
A shape factor of 0.7 shall be used in applying wind forces to round substructure members.&lt;br /&gt;
&lt;br /&gt;
When unusual conditions of terrain or the special nature of a structure indicates, a procedure other than the Standard Specification may be used subject to approval of the Structural Project Manager.&lt;br /&gt;
&lt;br /&gt;
==== 751.40.8.1.8 Temperature Forces ====&lt;br /&gt;
&lt;br /&gt;
Temperature stresses or movement need to be checked on all structures regardless of length. Generation of longitudinal temperature forces is based on stiffness of the substructure. (*)&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Coefficients&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
:{|&lt;br /&gt;
|Steel:||Thermal - 0.0000065 ft/ft/°F&lt;br /&gt;
|-&lt;br /&gt;
|Concrete:||Thermal - 0.0000060 ft/ft/°F&lt;br /&gt;
|-&lt;br /&gt;
| &amp;amp;nbsp;||Shrinkage  - 0.0002 ft/ft (***)&lt;br /&gt;
|-&lt;br /&gt;
| &amp;amp;nbsp;||Friction  - 0.65 for concrete on concrete&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
{|border=&amp;quot;1&amp;quot; style=&amp;quot;text-align:center;&amp;quot; cellpadding=&amp;quot;5&amp;quot; align=&amp;quot;center&amp;quot;&lt;br /&gt;
|+&#039;&#039;&#039;Temperature Range From 60° F (**)&#039;&#039;&#039;&lt;br /&gt;
|width=&amp;quot;100pt&amp;quot;|&amp;amp;nbsp;||width=&amp;quot;50pt&amp;quot;|Rise||width=&amp;quot;50pt&amp;quot;|Fall||width=&amp;quot;50pt&amp;quot;|Range&lt;br /&gt;
|-&lt;br /&gt;
|Steel Structures||60°F||80°F||140°F&lt;br /&gt;
|-&lt;br /&gt;
|Concrete Structures||30°F||40°F||70°F&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
(*) See [[751.2 Loads#751.2.4.7 Longitudinal Temperature Force Distribution|EPG 751.2.4.7 Longitudinal Temperature Force Distribution]]. &lt;br /&gt;
&lt;br /&gt;
(**) Temperature Range for expansion bearing design and expansion devices design see [[751.11 Bearings|EPG 751.11 Bearings]] and [[751.13 Expansion Devices|EPG 751.13 Expansion Devices]], respectively.&lt;br /&gt;
&lt;br /&gt;
(***) When calculating substructure forces of concrete slab bridges, the forces caused by the shrinkage of the superstructure should be included with forces due to temperature drop. This force can be  ignored for most other types of bridges.&lt;br /&gt;
&lt;br /&gt;
==== 751.40.8.1.9 Sidewalk Loading ====&lt;br /&gt;
&lt;br /&gt;
Sidewalk floors and their immediate support members shall be designed for a &#039;&#039;&#039;live load&#039;&#039;&#039; of 85 pounds per square foot of sidewalk area.  Girders, trusses, and other members shall be design for the following sidewalk live load:&lt;br /&gt;
&lt;br /&gt;
:{|&lt;br /&gt;
|width=&amp;quot;150pt&amp;quot;|Spans 0 to 25 feet||width=&amp;quot;100pt&amp;quot;|85 lbs/ft²&lt;br /&gt;
|-&lt;br /&gt;
|Spans 26 to 100 feet||60 lbs/ft²&lt;br /&gt;
|-&lt;br /&gt;
|Spans over 100 feet||use the following formula&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
&amp;lt;math&amp;gt;\, P = \Bigg( 30 + \frac {3000}{L} \Bigg) \Bigg( \frac {55-W}{50} \Bigg)&amp;lt;/math&amp;gt;&lt;br /&gt;
&lt;br /&gt;
Where:&lt;br /&gt;
{|&lt;br /&gt;
|&amp;lt;math&amp;gt;\, P&amp;lt;/math&amp;gt;||= live load per square foot, max. 60 lbs/ft²&lt;br /&gt;
|-&lt;br /&gt;
|&amp;lt;math&amp;gt;\, L&amp;lt;/math&amp;gt;||= loaded length of sidewalk in feet&lt;br /&gt;
|-&lt;br /&gt;
|&amp;lt;math&amp;gt;\, W&amp;lt;/math&amp;gt;||= width of sidewalk in feet&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
When sidewalk live loads are applied along with live load and impact, if the structure is to be designed by service loads, the allowable stress in the outside beam or stringer may be increased by 25 percent as long as the member is at least as strong as if it were not designed for the additional sidewalk load using the initial allowable stress. When the combination of sidewalk live load and traffic live load plus impact governs the design under the load factor method, use a b factor of 1.25 instead of 1.67.&lt;br /&gt;
&lt;br /&gt;
Unless a more exact analysis can be performed, distribution of sidewalk live loads to the supporting stringers shall be considered as applied 75 percent to the exterior stringer and 25 percent to the next stringer.&lt;br /&gt;
&lt;br /&gt;
==== 751.40.8.1.10 Other Loads ====&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Stream Pressure&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
Stream flow pressure shall be considered only in extreme cases. The affect of flowing water on piers shall not be considered except in cases of extreme high water and when the load applied to substructure elements is greater than that which is applied by wind on substructure forces at low water elevations.&lt;br /&gt;
&lt;br /&gt;
The pressure generated by stream flow is:&lt;br /&gt;
&lt;br /&gt;
&amp;lt;math&amp;gt;\, P = KV^2&amp;lt;/math&amp;gt;&lt;br /&gt;
&lt;br /&gt;
Where:&lt;br /&gt;
{|&lt;br /&gt;
|&amp;lt;math&amp;gt;\, P&amp;lt;/math&amp;gt;||= stream pressure in pounds per square foot&lt;br /&gt;
|-&lt;br /&gt;
|&amp;lt;math&amp;gt;\, V&amp;lt;/math&amp;gt;||= design velocity of water in feet per second&lt;br /&gt;
|-&lt;br /&gt;
|&amp;lt;math&amp;gt;\, K&amp;lt;/math&amp;gt;||= shape constant for the surface the water is in contact with.&lt;br /&gt;
|-&lt;br /&gt;
|&amp;lt;math&amp;gt;\, K&amp;lt;/math&amp;gt;||= 1.4 for square-ended piers &lt;br /&gt;
|-&lt;br /&gt;
|&amp;lt;math&amp;gt;\, K&amp;lt;/math&amp;gt;||= 0.7 for circular piers&lt;br /&gt;
|-&lt;br /&gt;
|&amp;lt;math&amp;gt;\, K&amp;lt;/math&amp;gt;||= 0.5 for angle-ended piers where the angle is 30 degrees or less&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Ice Forces&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
Ice forces on piers shall be applied if they are indicated on the Bridge Memorandum.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Buoyancy&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
Buoyancy shall be considered when its effects are appreciable.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Fatigue in Structural Steel&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
Steel structures subjected to continuous reversal of loads are to be designed for fatigue loading.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Prestressing&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
See [[751.22 P/S Concrete I Girders|EPG 751.22 P/S Concrete I Girders]].&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Other Loads&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
Other loads may need to be applied if they are indicated on the Bridge Memorandum. Otherwise see Structural Project Manager before applying any additional loads.&lt;br /&gt;
&lt;br /&gt;
==== 751.40.8.1.11 Group Loads ====&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Group Loading (Service Load Design)&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
Group loading combinations are:&lt;br /&gt;
&lt;br /&gt;
:{|&lt;br /&gt;
|GP I SL||width=&amp;quot;350pt&amp;quot;| &amp;lt;math&amp;gt;\, = D+L+I&amp;lt;/math&amp;gt; ||100%&lt;br /&gt;
|-&lt;br /&gt;
|GP II SL||width=&amp;quot;350pt&amp;quot;| &amp;lt;math&amp;gt;\, = D+W&amp;lt;/math&amp;gt; ||125%&lt;br /&gt;
|-&lt;br /&gt;
|GP III SL||width=&amp;quot;350pt&amp;quot;| &amp;lt;math&amp;gt;\, = D+L+I+0.3W+WL+LF&amp;lt;/math&amp;gt; ||125%&lt;br /&gt;
|-&lt;br /&gt;
|GP IV SL||width=&amp;quot;350pt&amp;quot;| &amp;lt;math&amp;gt;\, = D+L+I+T&amp;lt;/math&amp;gt; ||125%&lt;br /&gt;
|-&lt;br /&gt;
|GP V SL||width=&amp;quot;350pt&amp;quot;| &amp;lt;math&amp;gt;\, = D+W+T&amp;lt;/math&amp;gt; ||140%&lt;br /&gt;
|-&lt;br /&gt;
|GP VI SL||width=&amp;quot;350pt&amp;quot;| &amp;lt;math&amp;gt;\, = D+L+I+0.3W+WL+LF+T&amp;lt;/math&amp;gt; ||140%&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
Where:&lt;br /&gt;
{|&lt;br /&gt;
|&amp;lt;math&amp;gt;\, D&amp;lt;/math&amp;gt;||= dead load&lt;br /&gt;
|-&lt;br /&gt;
|&amp;lt;math&amp;gt;\, L&amp;lt;/math&amp;gt;||= live load &lt;br /&gt;
|-&lt;br /&gt;
|&amp;lt;math&amp;gt;\, I&amp;lt;/math&amp;gt;||= live load impact&lt;br /&gt;
|-&lt;br /&gt;
|&amp;lt;math&amp;gt;\, W&amp;lt;/math&amp;gt;||= wind load on structure&lt;br /&gt;
|-&lt;br /&gt;
|&amp;lt;math&amp;gt;\, WL&amp;lt;/math&amp;gt;||= wind load on live load &lt;br /&gt;
|-&lt;br /&gt;
|&amp;lt;math&amp;gt;\, T&amp;lt;/math&amp;gt;||= temperature force&lt;br /&gt;
|-&lt;br /&gt;
|&amp;lt;math&amp;gt;\, LF&amp;lt;/math&amp;gt;||= longitudinal force from live load&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Group Loading (Load Factor Design)&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
Group loading combinations are:&lt;br /&gt;
&lt;br /&gt;
:{|&lt;br /&gt;
|GP I LF||&amp;lt;math&amp;gt;\, = 1.3[\beta_d D+1.67 (L+I)]&amp;lt;/math&amp;gt;&lt;br /&gt;
|-&lt;br /&gt;
|GP II LF||&amp;lt;math&amp;gt;\, = 1.3[\beta_d D+W]&amp;lt;/math&amp;gt;&lt;br /&gt;
|-&lt;br /&gt;
|GP III LF||&amp;lt;math&amp;gt;\, = 1.3[\beta_d D+L+I+0.3W+WL+LF]&amp;lt;/math&amp;gt;&lt;br /&gt;
|-&lt;br /&gt;
|GP IV LF||&amp;lt;math&amp;gt;\, = 1.3[\beta_d D+L+I+T]&amp;lt;/math&amp;gt;&lt;br /&gt;
|-&lt;br /&gt;
|GP V LF||&amp;lt;math&amp;gt;\, = 1.25[\beta_d D+W+T]&amp;lt;/math&amp;gt;&lt;br /&gt;
|-&lt;br /&gt;
|GP VI LF||&amp;lt;math&amp;gt;\, = 1.25[\beta_d D+L+I +0.3W+WL+LF+T]&amp;lt;/math&amp;gt;&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
Where:&lt;br /&gt;
{|&lt;br /&gt;
|&amp;lt;math&amp;gt;\, D&amp;lt;/math&amp;gt;||= dead load&lt;br /&gt;
|-&lt;br /&gt;
|&amp;lt;math&amp;gt;\, L&amp;lt;/math&amp;gt;||= live load &lt;br /&gt;
|-&lt;br /&gt;
|&amp;lt;math&amp;gt;\, I&amp;lt;/math&amp;gt;||= live load impact&lt;br /&gt;
|-&lt;br /&gt;
|&amp;lt;math&amp;gt;\, W&amp;lt;/math&amp;gt;||= wind load on structure&lt;br /&gt;
|-&lt;br /&gt;
|&amp;lt;math&amp;gt;\, WL&amp;lt;/math&amp;gt;||= wind load on live load &lt;br /&gt;
|-&lt;br /&gt;
|&amp;lt;math&amp;gt;\, T&amp;lt;/math&amp;gt;||= temperature force&lt;br /&gt;
|-&lt;br /&gt;
|&amp;lt;math&amp;gt;\, LF&amp;lt;/math&amp;gt;||= longitudinal force from live load&lt;br /&gt;
|-&lt;br /&gt;
|&amp;lt;math&amp;gt;\, \beta_d&amp;lt;/math&amp;gt;||= coefficient, see AASHTO Table 3.22.1A&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
Other group loadings in AASHTO Table 3.22.1A shall be used when they apply.&lt;br /&gt;
&lt;br /&gt;
=== 751.40.8.2 Distribution of Loads ===&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
==== 751.40.8.2.1 Distribution of Dead Load ====&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Composite Steel or Prestressed Concrete Structures&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
The dead load applied to the girders through the slab shall be:&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Dead Load 1&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
Non-composite dead loads should be distributed to girders (stringers) on the basis of continuous spans over simple supports. &lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Dead Load 2&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
Composite loads shall be distributed equally to all girders. The following are all Dead Load 2 loads:&lt;br /&gt;
:Barrier or railing&lt;br /&gt;
:Future wearing surface on slab&lt;br /&gt;
:Sidewalks &lt;br /&gt;
:Fences &lt;br /&gt;
:Protective coatings and waterproofing on slab&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Concrete Slab Bridges&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
Distribute entire dead load across full width of slab.&lt;br /&gt;
&lt;br /&gt;
For longitudinal design, heavier portions of the slab may be considered as concentrated load for entry into the &amp;quot;Continuous Structure Analysis&amp;quot; computer program.&lt;br /&gt;
&lt;br /&gt;
For transverse bent design, consider the dead load reaction at the bent to be a uniform load across entire length of the transverse beam.&lt;br /&gt;
&lt;br /&gt;
==== 751.40.8.2.2 Distribution of Live Load ====&lt;br /&gt;
&lt;br /&gt;
Live loading to be distributed shall be the appropriate loading shown on the Bridge Memorandum.&lt;br /&gt;
Applying Live Load to Structure&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Superstructure&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
For application of live load to superstructure, the lane width is considered 12 feet. Each design vehicle has wheel lines which are 6 feet apart and adjacent design    vehicles must be separated by 4 feet.  &lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Substructure&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
To produce the maximum stresses in the main carrying members of substructure elements, multiple lanes are to be loaded simultaneously. The lane width is 12 feet. Partial lanes are not to be considered. Due to the improbability of coincident maximum loading, a reduction factor is applied to the number of lanes. This reduction however, is not applied in determining the distribution of loads to the stringers.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
{|border=&amp;quot;1&amp;quot; style=&amp;quot;text-align:center;&amp;quot; cellpadding=&amp;quot;5&amp;quot; align=&amp;quot;center&amp;quot;&lt;br /&gt;
|+&#039;&#039;&#039;Distribution of Live Load to Beams and Girders&#039;&#039;&#039;&lt;br /&gt;
!width=&amp;quot;150pt&amp;quot;|Number of Lanes||width=&amp;quot;150pt&amp;quot;|Percent&lt;br /&gt;
|-&lt;br /&gt;
|one or two lanes||100&lt;br /&gt;
|-&lt;br /&gt;
|three lanes||90&lt;br /&gt;
|-&lt;br /&gt;
|four lanes or more||75&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Moment Distribution&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
Moments due to live loads shall not be distributed longitudinally. Lateral distribution shall be determined from AASHTO Table 3.23.1 for interior stringers. Outside stringers distribute live load assuming the flooring to act as a simple span, except in the case of a span with a concrete floor supported by four or more stringers, then AASHTO 3.23.2.3.1.5 shall be applied. In no case shall an exterior stringer have less carrying capacity than an interior stringer.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Shear Distribution&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
As with live load moment, the reactions to the live load are not to be distributed longitudinally. Lateral distribution of live load shall be that produced by assuming the flooring to act as simply supported. Wheel lines shall be spaced on accordance with AASHTO 3.7.6 and shall be placed in a fashion which provides the most contribution to the girder under investigation, regardless of lane configuration. The shear distribution factor at bents shall be used to design bearings and bearing stiffeners.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Deflection Distribution&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
Deflection due to live loads shall not be distributed longitudinally. Lateral distribution shall be determined by averaging the moment distribution factor and the number of wheel lines divided by the number of girder lines for all girders. The number of wheel lines shall be based on 12 foot lanes. The reduction in load intensity (AASHTO Article 3.12.1) shall not be applied.&lt;br /&gt;
&lt;br /&gt;
Deflection Distribution Factor = &amp;amp;nbsp; &amp;lt;math&amp;gt;\, \cfrac {\big\{ \frac{2n}{N} \big\} + MDF}{2}&amp;lt;/math&amp;gt;&lt;br /&gt;
&lt;br /&gt;
Where:&lt;br /&gt;
{|&lt;br /&gt;
|&amp;lt;math&amp;gt;\, n&amp;lt;/math&amp;gt;||= number of whole 12 foot lanes on the roadway&lt;br /&gt;
|-&lt;br /&gt;
|&amp;lt;math&amp;gt;\, N&amp;lt;/math&amp;gt;||= number of girder lines;&lt;br /&gt;
|-&lt;br /&gt;
|&amp;lt;math&amp;gt;\, MDF&amp;lt;/math&amp;gt;||= Moment Distribution Factor.&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
Example: 38&#039;-0&amp;quot; Roadway (Interior Girder), &amp;amp;nbsp; &amp;lt;math&amp;gt;\, n=3&amp;lt;/math&amp;gt;, &amp;amp;nbsp; &amp;lt;math&amp;gt;\, N=5&amp;lt;/math&amp;gt;, &amp;amp;nbsp; &amp;lt;math&amp;gt;\, MDF=1.576&amp;lt;/math&amp;gt;&lt;br /&gt;
&lt;br /&gt;
Deflection Distribution Factor = &amp;amp;nbsp; &amp;lt;math&amp;gt;\, \cfrac {\big\{ \frac{2 \times 3lanes}{5 girders} \big\} + 1.576}{2} = 1.388&amp;lt;/math&amp;gt;&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
{|border=&amp;quot;1&amp;quot; style=&amp;quot;text-align:center;&amp;quot; cellpadding=&amp;quot;5&amp;quot; align=&amp;quot;center&amp;quot;&lt;br /&gt;
|+&#039;&#039;&#039;Live Load Distribution Factors for Standard Roadway Widths&#039;&#039;&#039;&lt;br /&gt;
!rowspan=&amp;quot;2&amp;quot; width=&amp;quot;75pt&amp;quot; |Roadway&amp;lt;br/&amp;gt;Width||rowspan=&amp;quot;2&amp;quot; width=&amp;quot;75pt&amp;quot;|Number&amp;lt;br/&amp;gt;Girders||rowspan=&amp;quot;2&amp;quot; width=&amp;quot;75pt&amp;quot;|Girder&amp;lt;br/&amp;gt;Spacing||colspan=&amp;quot;3&amp;quot;|Exterior Girder||colspan=&amp;quot;3&amp;quot;|Interior Girder||rowspan=&amp;quot;2&amp;quot;|(1)&lt;br /&gt;
|-&lt;br /&gt;
!Mom.||Shear||Defl.||Mom.||Shear||Defl.&lt;br /&gt;
|-&lt;br /&gt;
|26’-0”||4||7’-6”||1.277||1.133||1.139||1.364||1.667||1.182||1.071&lt;br /&gt;
|-&lt;br /&gt;
|28’-0”||4||8’-2”||1.352||1.204||1.176||1.485||1.776||1.243||1.167&lt;br /&gt;
|-&lt;br /&gt;
|30’-0”||4||8’-8”||1.405||1.308||1.453||1.576||1.846||1.538||1.238&lt;br /&gt;
|-&lt;br /&gt;
|32’-0”||4||9’-2”||1.457||1.400||1.479||1.667||1.909||1.584||1.310&lt;br /&gt;
|-&lt;br /&gt;
|36’-0”||5||8’-2”||1.352||1.184||1.276||1.485||1.776||1.343||1.167&lt;br /&gt;
|-&lt;br /&gt;
|38’-0”||5||8’-8”||1.405||1.231||1.303||1.576||1.846||1.388||1.238&lt;br /&gt;
|-&lt;br /&gt;
|40’-0”||5||9’-0”||1.440||1.333||1.520||1.636||1.889||1.618||1.286&lt;br /&gt;
|-&lt;br /&gt;
|44’-0”||5||9’-9”||1.515||1.487||1.558||1.773||1.974||1.687||1.393&lt;br /&gt;
|}&lt;br /&gt;
&amp;lt;center&amp;gt; &#039;&#039;&#039;(1)&#039;&#039;&#039; Use when checking interior girder moment cyclical loading Case I Fatigue for one lane loading.&amp;lt;/center&amp;gt;&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Distribution of Live Load to Substructure&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
For substructure design the live load wheel lines shall be positioned on the slab to produce maximum moments and shears in the substructure. The wheel lines shall be distributed to the stringers on the basis of simple spans between stringers. The number of wheel lines used for substructure design shall be based on 12 foot lanes and shall not exceed the number of lanes times two with the appropriate percentage reduction for multiple lanes where applicable.&lt;br /&gt;
&lt;br /&gt;
In computing these stresses generated by the lane loading, each 12 foot lane shall be considered a unit. Fractional units shall not be considered.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Distribution of Loads to Slabs&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
For simple spans, the span length shall be the distance center to center of supports but need not be greater than the clear distance plus the thickness of the slab. Slabs for girder and floor beam structures should be designed as supported on four sides.&lt;br /&gt;
&lt;br /&gt;
For continuous spans on steel stringers or on thin flanged prestressed beams (top flange width to thickness ratios &amp;gt; 4.0), the span length shall be the distance between edges of top flanges plus one quarter of each top flange width. When the top flange width to thickness  is &amp;lt; 4.0 the span distance shall be the clear span between edges of the top flanges.&lt;br /&gt;
&lt;br /&gt;
When designing the slab for live load, the wheel line shall be placed 1 foot from the face of the barrier or railing if it produces a greater moment.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Bending Moments in Slab on Girders&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
The load distributed to the stringers shall be:&lt;br /&gt;
&lt;br /&gt;
&amp;lt;math&amp;gt;\, \Bigg( \frac {S + 2}{32} \Bigg) &amp;lt;/math&amp;gt; &amp;amp;nbsp; P20 or P25 = Moment in foot-pounds per-foot  width of slab.&lt;br /&gt;
&lt;br /&gt;
Where:&lt;br /&gt;
{|&lt;br /&gt;
|&amp;lt;math&amp;gt;\, S&amp;lt;/math&amp;gt;||= effective span length between girders in feet&lt;br /&gt;
|-&lt;br /&gt;
|P20 or P25||= wheel line load for HS20 or HS20 Modified design Truck in kips.&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
For slabs continuous over 3 or more supports, a continuity factor of 0.8 shall be applied.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Main Reinforcement Parallel to Traffic&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
This distribution may be applied to special structure types when its use is indicated.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Distribution of Live Load to Concrete Slab Bridges&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
Live load for transverse beam, column and pile cap design shall be applied as concentrated loads of one wheel line. The number of wheel lines used shall not exceed the number of lanes x 2 with the appropriate reduction where applicable.&lt;br /&gt;
&lt;br /&gt;
For slab longitudinal reinforcement design, use live load moment distribution factor of 1/E for a one-foot strip slab with the appropriate percentage reduction.&lt;br /&gt;
&lt;br /&gt;
&amp;lt;math&amp;gt;\, E = 4&#039; + 0.06S, E (max.) = 7&#039;&amp;lt;/math&amp;gt;&lt;br /&gt;
&lt;br /&gt;
Where:&lt;br /&gt;
{|&lt;br /&gt;
|&amp;lt;math&amp;gt;\, E&amp;lt;/math&amp;gt;||= Width of slab in feet over which a wheel is distributed&lt;br /&gt;
|-&lt;br /&gt;
|&amp;lt;math&amp;gt;\, S&amp;lt;/math&amp;gt;||= Effective span length in feet.&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
For slab deflection, use the following deflection factor for a one-foot strip slab without applying percentage reduction.&lt;br /&gt;
&lt;br /&gt;
Deflection Factor = (Total number of wheel line) / (width of the slab)&lt;br /&gt;
&lt;br /&gt;
==== 751.40.8.2.3 Frictional Resistance ====&lt;br /&gt;
&lt;br /&gt;
The frictional resistance varies with different surfaces making contact. In the design of bearings, this resistance will alter how the longitudinal forces are distributed. The following table lists commonly encountered materials and their coefficients. These coefficients may be used to calculate the frictional resistance at each bent. &lt;br /&gt;
&lt;br /&gt;
{|border=&amp;quot;1&amp;quot; style=&amp;quot;text-align:center;&amp;quot; cellpadding=&amp;quot;5&amp;quot; align=&amp;quot;center&amp;quot;&lt;br /&gt;
|-&lt;br /&gt;
!colspan=&amp;quot;4&amp;quot;|Frictional Resistance of Expansion Bearings&lt;br /&gt;
|-&lt;br /&gt;
!colspan=&amp;quot;2&amp;quot;|Bearing Type||Coef.||General Data&lt;br /&gt;
|-&lt;br /&gt;
!colspan=&amp;quot;2&amp;quot;|Type C Bearing&lt;br /&gt;
|0.14&lt;br /&gt;
|rowspan=10| Coef. of sliding friction&amp;lt;br/&amp;gt;steel to steel = 0.14&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
Coef. for pin and rocker&amp;lt;br/&amp;gt;type  bearing = &lt;br /&gt;
&lt;br /&gt;
&amp;lt;math&amp;gt;\, \frac {0.14 (Radius\ of\ pin)}{Radius\ of\ Rocker}&amp;lt;/math&amp;gt;&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
Frictional Force = &amp;lt;br/&amp;gt;Reaction x Coef.&lt;br /&gt;
|-&lt;br /&gt;
!colspan=&amp;quot;2&amp;quot;|6” Diameter Roller&lt;br /&gt;
|0.01&lt;br /&gt;
|-&lt;br /&gt;
!colspan=&amp;quot;2&amp;quot;|Type D Bearing|| &amp;amp;nbsp;&lt;br /&gt;
|-&lt;br /&gt;
!Pin Diameter||Rocker Radius|| &amp;amp;nbsp;&lt;br /&gt;
|-&lt;br /&gt;
|2”||6.5”||0.0216&lt;br /&gt;
|-&lt;br /&gt;
|2”||7”||0.0200&lt;br /&gt;
|-&lt;br /&gt;
|2”||7.5”||0.0187&lt;br /&gt;
|-&lt;br /&gt;
|2”||8”||0.0175&lt;br /&gt;
|-&lt;br /&gt;
|2”||10.5”||0.0133&lt;br /&gt;
|-&lt;br /&gt;
!colspan=&amp;quot;2&amp;quot;|PTFE Bearing&lt;br /&gt;
|0.0600&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
The design of a bent with one of the above expansion bearings will be based on the maximum amount of load the bearing can resist by static friction. When this static friction is overcome, the longitudinal forces are redistributed to the other bents.&lt;br /&gt;
&lt;br /&gt;
The maximum static frictional force at a bent is equal to the sum of the forces in each of the bearings. The vertical reaction used to calculate this maximum static frictional force shall be Dead Loads only  for all loading cases. Since the maximum longitudinal load that can be experienced by any of the above bearings is the maximum static frictional force, the effects of longitudinal wind and temperature can not be cumulative if their sum is greater than this maximum static frictional force. &lt;br /&gt;
&lt;br /&gt;
Two conditions for the bents of the bridge are to be evaluated. &lt;br /&gt;
#Consider the expansion bents to be fixed and the longitudinal loads distributed to all of the bents. &lt;br /&gt;
#When the longitudinal loads at the expansion bearings are greater than the static frictional force, then the longitudinal force of the expansion bearings is equal to the dynamic frictional force. It is conservative to assume the dynamic frictional force to be zero causing all longitudinal loads to be distributed to the remaining bents.&lt;br /&gt;
&lt;br /&gt;
=== 751.40.8.3 Unit Stresses ===&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
==== 751.40.8.3.1 Fatigue in Structural Steel ====&lt;br /&gt;
&lt;br /&gt;
Steel structures subjected to continuous reversal of loads are to be designed for fatigue loading.&lt;br /&gt;
&lt;br /&gt;
AADTT, annual average daily truck traffic (one direction), shall be indicated on the Bridge Memorandum. Based on AADTT, the fatigue case and corresponding stress cycles can be obtained from &#039;&#039;AASHTO Table 10.3.2A&#039;&#039;. &lt;br /&gt;
&lt;br /&gt;
When Case I fatigue is considered, it is necessary to check fatigue due to truck loading for both the 2,000,000 and over 2,000,000 stress cycles. For the over 2,000,000 stress cycles, the moment distribution factor for all stringers or girders (for fatigue stresses only) will be based on &#039;&#039;&#039;one&#039;&#039;&#039; lane loaded. For truck loading 2,000,000 cycles and lane loading 500,000 cycles, use the moment distribution factor based on two or more traffic lanes (same as for design moment). &lt;br /&gt;
&lt;br /&gt;
The number of cycles to be used in the fatigue design is dependent on the case number and type of load producing maximum stress as indicated in AASHTO Table 10.3.2A.&lt;br /&gt;
The allowable fatigue stress range based on the fatigue stress cycles can be obtained from &#039;&#039;AASHTO Table 10.3.1A&#039;&#039;.&lt;br /&gt;
&lt;br /&gt;
The type of live load used to determine the number of cycles will be the type of loading used to determine the maximum stress at the point under consideration.&lt;br /&gt;
&lt;br /&gt;
In continuous beams, the maximum stresses may be produced by the truck loading at some points, but by lane loading at other points. However, if the lane loading governs, then the longitudinal members should also be checked for truck loading.&lt;br /&gt;
&lt;br /&gt;
Only live loading and impact stresses need to be considered when designing for fatigue.&lt;br /&gt;
&lt;br /&gt;
Fatigue criteria applies only when the stress range is one of tension to tension or reversal. The fatigue criteria does not apply to the stress range from compression to compression.&lt;br /&gt;
&lt;br /&gt;
All fracture critical structures, those which consist of only one or two main carrying members, trusses or single box girders, shall be considered as Non-redundant structures. Use the appropriate table which accompanies these structures.&lt;br /&gt;
&lt;br /&gt;
==== 751.40.8.3.2 Reinforced Concrete ====&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Allowable Stresses of Reinforcing Steel&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
Tensile stress in reinforcement at service loads, &amp;lt;math&amp;gt;\, f_s&amp;lt;/math&amp;gt;:&lt;br /&gt;
&lt;br /&gt;
{|&lt;br /&gt;
!colspan=&amp;quot;2&amp;quot; align=&amp;quot;left&amp;quot;|Concrete&lt;br /&gt;
|-&lt;br /&gt;
|width=&amp;quot;250pt&amp;quot;|Reinforcing Steel (Grade 40)||&amp;lt;math&amp;gt;\, f_s&amp;lt;/math&amp;gt;||= 20,000 psi&lt;br /&gt;
|-&lt;br /&gt;
|width=&amp;quot;250pt&amp;quot;|Reinforcing Steel (Grade 60)||&amp;lt;math&amp;gt;\, f_s&amp;lt;/math&amp;gt;||= 24,000 psi&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
For compression stress in beams, see &#039;&#039;AASHTO Article 8.15.3.5&#039;&#039;.&lt;br /&gt;
&lt;br /&gt;
For compression stress in columns, see &#039;&#039;AASHTO Article 8.15.4&#039;&#039;.&lt;br /&gt;
&lt;br /&gt;
For fatigue stress limit, see &#039;&#039;AASHTO Article 8.16.8.3&#039;&#039;.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Fatigue in Reinforcing Steel&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
For flexural members designed with reference to load factors and strengths by Strength Design Method, stresses at service load shall be limited to satisfy the requirements for fatigue.  Reinforcement should be checked for fatigue at all locations of peak service load stress ranges and at bar cut-off locations except for concrete deck slab in multi-girder applications.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Allowable Stress Range:&#039;&#039;&#039; &amp;lt;math&amp;gt;\, fr_{allow}&amp;lt;/math&amp;gt;&lt;br /&gt;
&lt;br /&gt;
The allowable stress range is found using the equation listed below and the minimum stresses from dead load, live load, and impact based on service loads.&lt;br /&gt;
&lt;br /&gt;
The term minimum stress level fmin for this formula indicates the algebraic minimum stress level: tension stress with a positive sign and compression stress with a negative sign.&lt;br /&gt;
&lt;br /&gt;
&amp;lt;math&amp;gt;\, fr_{allow} = 21 - 0.33 f_{min} + 8(r/h)&amp;lt;/math&amp;gt;&lt;br /&gt;
&lt;br /&gt;
Where:&lt;br /&gt;
{|&lt;br /&gt;
|&amp;lt;math&amp;gt;\, fr_{allow}&amp;lt;/math&amp;gt;||= allowable stress range (ksi)&lt;br /&gt;
|-&lt;br /&gt;
|&amp;lt;math&amp;gt;\, f_{min}&amp;lt;/math&amp;gt;||= algebraic minimum stress level ksi):&lt;br /&gt;
|-&lt;br /&gt;
| &amp;amp;nbsp;||positive if  tension, negative if compression. &lt;br /&gt;
|-&lt;br /&gt;
|valign=&amp;quot;top&amp;quot;|&amp;lt;math&amp;gt;\, r/h&amp;lt;/math&amp;gt;||= ratio of base radius to height of rolled-on transverse deformation; if the actual value is not know, 0.3 may be used.&lt;br /&gt;
|-&lt;br /&gt;
|&amp;lt;math&amp;gt;fr_{allow}&amp;lt;/math&amp;gt;||= &amp;lt;math&amp;gt;\, 23.4 - 0.33 f_{min}&amp;lt;/math&amp;gt; &amp;amp;nbsp; &amp;amp;nbsp; when &amp;lt;math&amp;gt;\, r/h&lt;br /&gt;
 = 0.3&amp;lt;/math&amp;gt;&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
Fatigue research has shown that increasing minimum tensile stress results in a decrease in fatigue strength for a tension to tension stresses case.  The fatigue strength increases with a bigger compressive stress in a tension to compression stresses case.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Actual Stress Range:&#039;&#039;&#039; &amp;lt;math&amp;gt;\, fr_{act}&amp;lt;/math&amp;gt;&lt;br /&gt;
&lt;br /&gt;
The actual stress range, &amp;lt;math&amp;gt;\, fr_{act}&amp;lt;/math&amp;gt;, is found using dead load, live load, and impact from service loads.&lt;br /&gt;
&lt;br /&gt;
{|&lt;br /&gt;
|&amp;lt;math&amp;gt;\, fr_{act}&amp;lt;/math&amp;gt;||colspan=&amp;quot;2&amp;quot;|= &amp;lt;math&amp;gt;\, f_{GT} - f_{LT}&amp;lt;/math&amp;gt;&lt;br /&gt;
|-&lt;br /&gt;
|&amp;lt;math&amp;gt;\, f_{GT}&amp;lt;/math&amp;gt;||colspan=&amp;quot;2&amp;quot;|= greatest tension stress level (ksi), always positive.&lt;br /&gt;
|-&lt;br /&gt;
| &amp;amp;nbsp;||colspan=&amp;quot;2&amp;quot;|(Not necessary to check compression to compression for fatigue.)&lt;br /&gt;
|-&lt;br /&gt;
|&amp;lt;math&amp;gt;\, f_{LT}&amp;lt;/math&amp;gt;||colspan=&amp;quot;2&amp;quot;|= algebraic least stress level  (ksi):&lt;br /&gt;
|-&lt;br /&gt;
| &amp;amp;nbsp;||&amp;lt;math&amp;gt;\, f_{LT}&amp;lt;/math&amp;gt;||= positive if  the least stress is tension&lt;br /&gt;
|-&lt;br /&gt;
| &amp;amp;nbsp;|| &amp;amp;nbsp;||&#039;&#039;&#039;(tension to tension stresses)&#039;&#039;&#039;&lt;br /&gt;
|-&lt;br /&gt;
| &amp;amp;nbsp;||&amp;lt;math&amp;gt;\, f_LT&amp;lt;/math&amp;gt;||= negative if  the least stress is compression&lt;br /&gt;
|-&lt;br /&gt;
| &amp;amp;nbsp;|| &amp;amp;nbsp;||(tension to compression stresses)&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Tension and Compression Stress Computation&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
Tension and compression stress are determined by using the following formulae for double reinforced concrete rectangular beams.&lt;br /&gt;
&lt;br /&gt;
&amp;lt;math&amp;gt;\, f_s&amp;lt;/math&amp;gt; = tensile stress in reinforcement at service loads (ksi)&lt;br /&gt;
&lt;br /&gt;
:Tensile stress &amp;amp;nbsp; &amp;lt;math&amp;gt;\, f_s = \frac {M}{A_s j d}&amp;lt;/math&amp;gt;&lt;br /&gt;
&lt;br /&gt;
&amp;lt;math&amp;gt;\, f&#039;_s&amp;lt;/math&amp;gt; = compressive stress in reinforcement at service loads (ksi)&lt;br /&gt;
&lt;br /&gt;
:Compressive stress &amp;amp;nbsp; &amp;lt;math&amp;gt;\, f&#039;_s = \frac {M}{A_s j d} \Bigg( \cfrac {k - \frac {d^1}{d}} {1 - k} \Bigg)&amp;lt;/math&amp;gt;&lt;br /&gt;
&lt;br /&gt;
Where:&lt;br /&gt;
&lt;br /&gt;
&amp;lt;math&amp;gt;\, j = \cfrac {k^2 \Big( 1 - \frac {k}{c} \Big) + 2 \rho&#039;n \Big( k - \frac {d&#039;}{d} \Big) \Big( 1 - \frac {d&#039;}{d} \Big)}{k^2 + 2 \rho&#039;n \Big( k - \frac {d&#039;}{d} \Big)}&amp;lt;/math&amp;gt; &amp;amp;nbsp; &amp;amp;nbsp; &amp;amp;nbsp;&#039;&#039;&#039;Eq. 2.2-1&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&amp;lt;math&amp;gt;\, k = \sqrt{2n \Bigg( \rho + \rho&#039; \Bigg( \frac{d&#039;}{d}\Bigg) \Bigg) + n^2 \big( \rho + \rho&#039; \big)^2 - n \big( \rho + \rho&#039; \big)}&amp;lt;/math&amp;gt; &amp;amp;nbsp; &amp;amp;nbsp; &amp;amp;nbsp;&#039;&#039;&#039;Eq. 2.2-2&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
{|&lt;br /&gt;
|&amp;lt;math&amp;gt;\, \rho&amp;lt;/math&amp;gt;||= tension reinforcement ratio, &amp;amp;nbsp; &amp;lt;math&amp;gt;\, \rho = \frac{A_s}{bd}&amp;lt;/math&amp;gt;&lt;br /&gt;
|-&lt;br /&gt;
|&amp;lt;math&amp;gt;\, \rho&#039;&amp;lt;/math&amp;gt;||= compression reinforcement ratio, &amp;amp;nbsp; &amp;lt;math&amp;gt;\, \rho&#039; = \frac{A&#039;_s}{bd}&amp;lt;/math&amp;gt;&lt;br /&gt;
|-&lt;br /&gt;
|&amp;lt;math&amp;gt;\, A_s&amp;lt;/math&amp;gt;||= area of tension reinforcement (sq. inch)&lt;br /&gt;
|-&lt;br /&gt;
|&amp;lt;math&amp;gt;\, A&#039;_s&amp;lt;/math&amp;gt;||= area of compression reinforcement (sq. inch)&lt;br /&gt;
|-&lt;br /&gt;
|&amp;lt;math&amp;gt;\, b&amp;lt;/math&amp;gt;||= width of beam (inch)&lt;br /&gt;
|-&lt;br /&gt;
|&amp;lt;math&amp;gt;\, d&amp;lt;/math&amp;gt;||= distance from extreme compression fiber to centroid of tension reinforcement (inch)&lt;br /&gt;
|-&lt;br /&gt;
|&amp;lt;math&amp;gt;\, d&#039;&amp;lt;/math&amp;gt;||= distance from extreme compression fiber to centroid of compression reinforcement (inch)&lt;br /&gt;
|-&lt;br /&gt;
|&amp;lt;math&amp;gt;\, jd&amp;lt;/math&amp;gt;||= distance from tensile steel to resultant compression (inch)&lt;br /&gt;
|-&lt;br /&gt;
|&amp;lt;math&amp;gt;\, kd&amp;lt;/math&amp;gt;||= distance from neutral plane to compression surface (inch)&lt;br /&gt;
|-&lt;br /&gt;
|&amp;lt;math&amp;gt;\, n&amp;lt;/math&amp;gt;||= ratio of modulus of elasticity of steel to that of concrete&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
=== 751.40.8.4 Standard Details ===&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
==== 751.40.8.4.1 Welding Details ====&lt;br /&gt;
&lt;br /&gt;
All welding shall be detailed in accordance with ANSI / AASHTO / AWS D1.5, Bridge Welding Code.&lt;br /&gt;
&lt;br /&gt;
For ASTM A709, Grade 36 steel  (Service Load Design &amp;lt;math&amp;gt;\, F_u&amp;lt;/math&amp;gt;  = 58,000 psi) the allowable shear stress in fillet welds (&amp;lt;math&amp;gt;\, F_V&amp;lt;/math&amp;gt;) is:&lt;br /&gt;
&lt;br /&gt;
&amp;lt;math&amp;gt;\, F_V = 0.27 F_u&amp;lt;/math&amp;gt;&lt;br /&gt;
&lt;br /&gt;
Where:&lt;br /&gt;
{|&lt;br /&gt;
|&amp;lt;math&amp;gt;\, F_V&amp;lt;/math&amp;gt;||= allowable basic shear stress&lt;br /&gt;
|-&lt;br /&gt;
|&amp;lt;math&amp;gt;\, F_u&amp;lt;/math&amp;gt;||= tensile strength of the electrode classification but not greater than the tensile strength of the connected part&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
{|border=&amp;quot;1&amp;quot; style=&amp;quot;text-align:center;&amp;quot; cellpadding=&amp;quot;5&amp;quot; align=&amp;quot;center&amp;quot;&lt;br /&gt;
|+&#039;&#039;&#039;Allowable Shear Loads for Fillet Welds (*)&#039;&#039;&#039;&lt;br /&gt;
|&#039;&#039;&#039;Size of Fillet Weld&#039;&#039;&#039;&amp;lt;br/&amp;gt;(Inch)||&#039;&#039;&#039;Allowable Shear Loads per Length&#039;&#039;&#039;&amp;lt;br/&amp;gt;(Pound per lineal inch)&lt;br /&gt;
|-&lt;br /&gt;
|1/8”||1,380&lt;br /&gt;
|-&lt;br /&gt;
|3/16”||2,075&lt;br /&gt;
|-&lt;br /&gt;
|1/4&amp;quot;||2,770&lt;br /&gt;
|-&lt;br /&gt;
|5/16”||3,460&lt;br /&gt;
|-&lt;br /&gt;
|3/8”||4,150&lt;br /&gt;
|-&lt;br /&gt;
|1/2&amp;quot;||5,535&lt;br /&gt;
|-&lt;br /&gt;
|5/8”||6,920&lt;br /&gt;
|-&lt;br /&gt;
|3/4&amp;quot;||8,300&lt;br /&gt;
|-&lt;br /&gt;
|7/8”||9,690&lt;br /&gt;
|-&lt;br /&gt;
|1”||11,070&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
(*) Allowable Shear Load  = &amp;lt;math&amp;gt;\, (0.27)(58000 psi)(0.707xSize of Weld)(L)&amp;lt;/math&amp;gt;&lt;br /&gt;
&lt;br /&gt;
Where:&lt;br /&gt;
{|&lt;br /&gt;
|align=&amp;quot;right&amp;quot;| &amp;lt;math&amp;gt;\, L&amp;lt;/math&amp;gt;||= Effective Length, in inch&lt;br /&gt;
|-&lt;br /&gt;
|align=&amp;quot;right&amp;quot;| &amp;lt;math&amp;gt;\, (0.707xSize of Weld)&amp;lt;/math&amp;gt;||= Effective Throat, in inch&lt;br /&gt;
|-&lt;br /&gt;
|align=&amp;quot;right&amp;quot;| &amp;lt;math&amp;gt;\, (0.707xSize of Weld)(L)&amp;lt;/math&amp;gt;||= Effective weld area in sq. inch&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
==== 751.40.8.4.2 Development and splicing of Reinforcement ====&lt;br /&gt;
&lt;br /&gt;
===== 751.40.8.4.2.1 General =====&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Development of Tension Reinforcement&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
Development lengths for tension reinforcement shall be calculated in accordance with AASHTO Article 8.25. Development length modification factors described in AASHTO Articles 8.25.3.2 and 8.25.3.3 shall only be used in situations where development length without these factors is difficult to attain. All other modification factors shown shall be used.&lt;br /&gt;
&lt;br /&gt;
Development lengths for tension reinforcement have been tabulated on the following pages and include the modification factors except those described above.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Lap Splices of Tension Reinforcement&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
Lap splices of reinforcement in tension shall be calculated in accordance with AASHTO Article 8.32.1 and 8.32.3. Class C splices are preferred when possible, however it is permissible to use Class A or B when physical space is limited. The designer shall satisfy AASHTO Table 8.32.3.2 when using Class A or B splices. It should be noted that As required is based on the stress encountered at the splice location, which is not necessarily the maximum stress used to design the reinforcement.&lt;br /&gt;
&lt;br /&gt;
Temperature and shrinkage reinforcement is assumed to fully develop the specified yield stresses. Therefore the development length shall not be reduced by (&amp;lt;math&amp;gt;\, A_s&amp;lt;/math&amp;gt; required)/(&amp;lt;math&amp;gt;\, A_s&amp;lt;/math&amp;gt; supplied).&lt;br /&gt;
&lt;br /&gt;
Splice lengths for tension reinforcement have been tabulated on the following pages and include the development length modifications as described above.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Development of Tension Hooks&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
Development of tension hooks shall be calculated in accordance with AASHTO Article 8.29. Hook length modification factors described in Articles 8.29.3.3 and 8.29.3.4 shall only be used in situations where hook length without these factors is difficult to attain. All other modification factors shown shall be used.&lt;br /&gt;
&lt;br /&gt;
Development lengths of tension hooks have been tabulated on the following pages and include the modification factors except those described above.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Development of Compression Reinforcement&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
Development lengths for compression reinforcement shall be calculated in accordance with AASHTO Article 8.26. Development length modification factors described in AASHTO Articles 8.26.2.1 and 8.26.2.2 shall only be used in situations where development length without these factors is difficult to attain. All other modification factors shown shall be used.&lt;br /&gt;
&lt;br /&gt;
Development lengths for compression reinforcement have been tabulated on the following pages and include the modification factors except those described above.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Lap Splices of Compression Reinforcement&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
Lap splices of reinforcement in compression shall be calculated in accordance with AASHTO Article 8.32.1 and 8.32.4.&lt;br /&gt;
&lt;br /&gt;
Splice lengths for compression reinforcement have been tabulated on the following pages.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Mechanical Bar Splices&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
Mechanical bar splices may be used in situations where it is not possible or feasible to use lap splices. Mechanical bar splices shall meet the criteria of AASHTO Article 8.32.2. Refer to the manufacturers literature for more information on the design of mechanical bar splices.&lt;br /&gt;
&lt;br /&gt;
===== 751.40.8.4.2.2 Development and Tension Lap Splice Lengths - Top Bars  (&amp;lt;span style=&amp;quot;font-family:Times New Roman;&amp;quot;&amp;gt;&amp;lt;i&amp;gt;F&amp;lt;sub&amp;gt;y&amp;lt;/sub&amp;gt;&amp;lt;/i&amp;gt; = 60 ksi&amp;lt;/span&amp;gt;) =====&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&amp;lt;center&amp;gt;[[Image:751.40 reinforcement- Development and Tension Lap Splice Lengths - Top Bars (Fy = 60 ksi).gif]]&amp;lt;/center&amp;gt;&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
Top reinforcement is placed so that more than 12” of concrete is cast below the reinforcement.&lt;br /&gt;
&lt;br /&gt;
Class A splice =1.0 &amp;lt;math&amp;gt;\, L_d&amp;lt;/math&amp;gt;, Class B splice =1.3 &amp;lt;math&amp;gt;\, L_d&amp;lt;/math&amp;gt;, Class C splice =1.7 &amp;lt;math&amp;gt;\, L_d&amp;lt;/math&amp;gt;&lt;br /&gt;
&lt;br /&gt;
Use development and tension lap splices of &amp;lt;math&amp;gt;\, f&#039;_c&amp;lt;/math&amp;gt; = 4 ksi for concrete strengths greater than 4 ksi.&lt;br /&gt;
&lt;br /&gt;
===== 751.40.8.4.2.3 Development and Tension Lap Splice Lengths - Other Than Top Bars (&amp;lt;span style=&amp;quot;font-family:Times New Roman;&amp;quot;&amp;gt;&amp;lt;i&amp;gt;F&amp;lt;sub&amp;gt;y&amp;lt;/sub&amp;gt;&amp;lt;/i&amp;gt; = 60 ksi&amp;lt;/span&amp;gt;) =====&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&amp;lt;center&amp;gt;[[Image:751.40 reinforcement- Development and Tension Lap Splice Lengths - Other Than Top Bars (Fy = 60 ksi).gif]]&amp;lt;/center&amp;gt;&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
Class A splice =1.0 &amp;lt;math&amp;gt;\, L_d&amp;lt;/math&amp;gt;, Class B splice =1.3 &amp;lt;math&amp;gt;\, L_d&amp;lt;/math&amp;gt;, Class C splice =1.7 &amp;lt;math&amp;gt;\, L_d&amp;lt;/math&amp;gt;&lt;br /&gt;
&lt;br /&gt;
Use development and tension lap splices of &amp;lt;math&amp;gt;\, f&#039;_c&amp;lt;/math&amp;gt; = 4 ksi for concrete strengths greater than 4 ksi.&lt;br /&gt;
&lt;br /&gt;
===== 751.40.8.4.2.4 Development and Lap Splice Lengths - Bars in Compression (&amp;lt;span style=&amp;quot;font-family:Times New Roman;&amp;quot;&amp;gt;&amp;lt;i&amp;gt;F&amp;lt;sub&amp;gt;y&amp;lt;/sub&amp;gt;&amp;lt;/i&amp;gt; = 60 ksi&amp;lt;/span&amp;gt;) =====&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&amp;lt;center&amp;gt;[[Image:751.40 reinforcement- Development and Lap Splice Lengths - Bars in Compression (Fy = 60 ksi).gif]]&amp;lt;/center&amp;gt;&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
Development length for spirals, &amp;lt;math&amp;gt;\, L_d&amp;lt;/math&amp;gt;, &amp;lt;math&amp;gt;\, _{spiral}&amp;lt;/math&amp;gt;, should be used if reinforcement is enclosed in a spiral of not less than 1/4” diameter and no more than 4” pitch. See AASHTO 8.26 for special conditions.&lt;br /&gt;
&lt;br /&gt;
All values are for splices with the same size bars. For different size bars, see AASHTO 8.32.4.&lt;br /&gt;
&lt;br /&gt;
(*) Lap splices for #14 and #18 bars are not permitted except as column to footing dowels.&lt;br /&gt;
&lt;br /&gt;
===== 751.40.8.4.2.5 Development of Standard Hooks in Tension, Ldh  (&amp;lt;span style=&amp;quot;font-family:Times New Roman;&amp;quot;&amp;gt;&amp;lt;i&amp;gt;F&amp;lt;sub&amp;gt;y&amp;lt;/sub&amp;gt;&amp;lt;/i&amp;gt; = 60 ksi&amp;lt;/span&amp;gt;) =====&lt;br /&gt;
&lt;br /&gt;
The development length, &amp;lt;math&amp;gt;\, L_{dh}&amp;lt;/math&amp;gt;, is measured from the critical section to the outside edge of hook. The tabulated values are valid for both epoxy and uncoated hooks.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&amp;lt;center&amp;gt;[[Image:751.40 reinforcement- Development of Standard Hooks in Tension, Ldh (Fy = 60 ksi).gif]]&amp;lt;/center&amp;gt;&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Case A&#039;&#039;&#039; - For #11 bar and smaller, side cover (normal to plane of hook) less than 2 1/2 inches and for a 90 degree hook with cover on the hook extension less than 2 inches.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Case B&#039;&#039;&#039; - For #11 bar and smaller, side cover (normal to plane of hook) greater than 2 1/2 inches and for a 90-dgree hook with cover on the hook extension 2 inches or greater.&lt;br /&gt;
&lt;br /&gt;
(*) See Structural Project Manager before using #14 or #18 hook.&lt;br /&gt;
&lt;br /&gt;
{| border=&amp;quot;0&amp;quot; cellpadding=&amp;quot;3&amp;quot; cellspacing=&amp;quot;1&amp;quot; align=&amp;quot;center&amp;quot; style=&amp;quot;text-aling:center&amp;quot;&lt;br /&gt;
&lt;br /&gt;
| rowspan=&amp;quot;4&amp;quot;|[[Image:751.40 reinforcement-DETAIL NEAR FREE EDGE OR CONSTRUCTION JOINT.gif]]&lt;br /&gt;
| rowspan=&amp;quot;4&amp;quot; width=&amp;quot;40px&amp;quot;|&amp;amp;nbsp;&lt;br /&gt;
|[[Image:751.40 reinforcement- HOOKED-BAR DETAILS FOR DEVELOPMENT OF STANDARD HOOKS.gif]]&lt;br /&gt;
|-&lt;br /&gt;
|(1) = &amp;lt;math&amp;gt;\,4d_b&amp;lt;/math&amp;gt; (#3 thru #8)&lt;br /&gt;
|-&lt;br /&gt;
|(1) = &amp;lt;math&amp;gt;\,5d_b&amp;lt;/math&amp;gt; (#9, #10 and #11)&lt;br /&gt;
|-&lt;br /&gt;
|(1) = &amp;lt;math&amp;gt;\,6d_b&amp;lt;/math&amp;gt; (#14 and #18)&lt;br /&gt;
|-&lt;br /&gt;
!DETAILS NEAR FREE EDGE&amp;lt;br/&amp;gt;OR CONSTRUCTION JOINT||&amp;amp;nbsp;||HOOKED-BAR DETAILS FOR&amp;lt;br/&amp;gt;DEVELOPMENT OF STANDARD HOOKS&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
===== 751.40.8.4.2.6 Development of Uncoated Grade 40 Deformed Bars in Tension, &amp;lt;span style=&amp;quot;font-family:Times New Roman;&amp;quot;&amp;gt;&amp;lt;i&amp;gt;L&amp;lt;sub&amp;gt;d&amp;lt;/sub&amp;gt;&amp;lt;/i&amp;gt;&amp;lt;/span&amp;gt; (AASHTO 8.25) =====&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
{|border=&amp;quot;1&amp;quot; style=&amp;quot;text-align:center;&amp;quot; cellpadding=&amp;quot;5&amp;quot; align=&amp;quot;center&amp;quot; cellspacing=&amp;quot;0&amp;quot;&lt;br /&gt;
|+&#039;&#039;&#039;Bars spaced laterally less than 6 inches on center or less than 3 inches concrete cover in direction of the spacing&#039;&#039;&#039;&lt;br /&gt;
!rowspan=&amp;quot;2&amp;quot; width=&amp;quot;50pt&amp;quot;|Bar||colspan=&amp;quot;2&amp;quot;| &amp;lt;math&amp;gt;\, f&#039;_c&amp;lt;/math&amp;gt; = 3 ksi||colspan=&amp;quot;2&amp;quot;|&amp;lt;math&amp;gt;\, f&#039;_c&amp;lt;/math&amp;gt; = 4 ksi||colspan=&amp;quot;2&amp;quot;|&amp;lt;math&amp;gt;\, f&#039;_c&amp;lt;/math&amp;gt; = 5 ksi&lt;br /&gt;
|-&lt;br /&gt;
|width=&amp;quot;75pt&amp;quot;|&amp;lt;math&amp;gt;\, L_d&amp;lt;/math&amp;gt;||width=&amp;quot;75pt&amp;quot;|&amp;lt;math&amp;gt;\, L_d&amp;lt;/math&amp;gt; Top bar||width=&amp;quot;75pt&amp;quot;|&amp;lt;math&amp;gt;\, L_d&amp;lt;/math&amp;gt;||width=&amp;quot;75pt&amp;quot;|&amp;lt;math&amp;gt;\, L_d&amp;lt;/math&amp;gt; Top bar||width=&amp;quot;75pt&amp;quot;|&amp;lt;math&amp;gt;\, L_d&amp;lt;/math&amp;gt;||width=&amp;quot;75pt&amp;quot;|&amp;lt;math&amp;gt;\, L_d&amp;lt;/math&amp;gt; Top bar&lt;br /&gt;
|-&lt;br /&gt;
|#3||12||12||12||12||12||12&lt;br /&gt;
|-&lt;br /&gt;
|#4||12||12||12||12||12||12&lt;br /&gt;
|-&lt;br /&gt;
|#5||12||14||12||14||12||14&lt;br /&gt;
|-&lt;br /&gt;
|#6||13||19||12||17||12||17&lt;br /&gt;
|-&lt;br /&gt;
|#7||18||25||16||22||14||20&lt;br /&gt;
|-&lt;br /&gt;
|#8||23||33||20||28||18||25&lt;br /&gt;
|-&lt;br /&gt;
|#9||30||41||26||36||23||32&lt;br /&gt;
|-&lt;br /&gt;
|#10||38||52||33||45||29||41&lt;br /&gt;
|-&lt;br /&gt;
|#11||46||64||40||56||36||50&lt;br /&gt;
|-&lt;br /&gt;
|#14||63||87||54||76||49||68&lt;br /&gt;
|-&lt;br /&gt;
|#18||81||113||70||98||63||88&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
{|border=&amp;quot;1&amp;quot; style=&amp;quot;text-align:center;&amp;quot; cellpadding=&amp;quot;5&amp;quot; align=&amp;quot;center&amp;quot; cellspacing=&amp;quot;0&amp;quot;&lt;br /&gt;
|+&#039;&#039;&#039;Bars spaced laterally 6 inches or more on center and at least 3 inches concrete cover in direction of the spacing&#039;&#039;&#039;&lt;br /&gt;
!rowspan=&amp;quot;2&amp;quot; width=&amp;quot;50pt&amp;quot;|Bar||colspan=&amp;quot;2&amp;quot;| &amp;lt;math&amp;gt;\, f&#039;_c&amp;lt;/math&amp;gt; = 3 ksi||colspan=&amp;quot;2&amp;quot;|&amp;lt;math&amp;gt;\, f&#039;_c&amp;lt;/math&amp;gt; = 4 ksi||colspan=&amp;quot;2&amp;quot;|&amp;lt;math&amp;gt;\, f&#039;_c&amp;lt;/math&amp;gt; = 5 ksi&lt;br /&gt;
|-&lt;br /&gt;
|width=&amp;quot;75pt&amp;quot;|&amp;lt;math&amp;gt;\, L_d&amp;lt;/math&amp;gt;||width=&amp;quot;75pt&amp;quot;|&amp;lt;math&amp;gt;\, L_d&amp;lt;/math&amp;gt; Top bar||width=&amp;quot;75pt&amp;quot;|&amp;lt;math&amp;gt;\, L_d&amp;lt;/math&amp;gt;||width=&amp;quot;75pt&amp;quot;|&amp;lt;math&amp;gt;\, L_d&amp;lt;/math&amp;gt; Top bar||width=&amp;quot;75pt&amp;quot;|&amp;lt;math&amp;gt;\, L_d&amp;lt;/math&amp;gt;||width=&amp;quot;75pt&amp;quot;|&amp;lt;math&amp;gt;\, L_d&amp;lt;/math&amp;gt; Top bar&lt;br /&gt;
|-&lt;br /&gt;
|#3||12||12||12||12||12||12&lt;br /&gt;
|-&lt;br /&gt;
|#4||12||12||12||12||12||12&lt;br /&gt;
|-&lt;br /&gt;
|#5||12||12||12||12||12||12&lt;br /&gt;
|-&lt;br /&gt;
|#6||12||15||12||14||12||14&lt;br /&gt;
|-&lt;br /&gt;
|#7||15||20||13||18||12||16&lt;br /&gt;
|-&lt;br /&gt;
|#8||19||26||16||23||15||20&lt;br /&gt;
|-&lt;br /&gt;
|#9||24||33||21||29||19||26&lt;br /&gt;
|-&lt;br /&gt;
|#10||30||42||26||36||23||33&lt;br /&gt;
|-&lt;br /&gt;
|#11||37||52||32||45||29||40&lt;br /&gt;
|-&lt;br /&gt;
|#14||50||70||44||61||39||54&lt;br /&gt;
|-&lt;br /&gt;
|#18||65||90||56||78||50||70&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
===== 751.40.8.4.2.7 Minimum lap length for uncoated Grade 40 tension lap splices, &amp;lt;span style=&amp;quot;font-family:Times New Roman;&amp;quot;&amp;gt;&amp;lt;i&amp;gt;L&amp;lt;sub&amp;gt;lap&amp;lt;/sub&amp;gt;&amp;lt;/i&amp;gt; (AASHTO 8.32) =====&lt;br /&gt;
&lt;br /&gt;
{|border=&amp;quot;1&amp;quot; style=&amp;quot;text-align:center;&amp;quot; cellpadding=&amp;quot;5&amp;quot; align=&amp;quot;center&amp;quot; cellspacing=&amp;quot;0&amp;quot;&lt;br /&gt;
|+&#039;&#039;&#039;Bars spaced less than 6 inches laterally on center and at least 3 inches concrete cover in direction of the spacing&#039;&#039;&#039;&lt;br /&gt;
!rowspan=&amp;quot;2&amp;quot;| &amp;amp;nbsp;||colspan=&amp;quot;9&amp;quot;|Other than Top Bars||colspan=&amp;quot;9&amp;quot;|Top Bars&lt;br /&gt;
|-&lt;br /&gt;
|colspan=&amp;quot;3&amp;quot;|&amp;lt;math&amp;gt;\, f&#039;_c&amp;lt;/math&amp;gt; = 3 ksi||colspan=&amp;quot;3&amp;quot;|&amp;lt;math&amp;gt;\, f&#039;_c&amp;lt;/math&amp;gt; = 4 ksi||colspan=&amp;quot;3&amp;quot;|&amp;lt;math&amp;gt;\, f&#039;_c&amp;lt;/math&amp;gt; = 5 ksi||colspan=&amp;quot;3&amp;quot;|&amp;lt;math&amp;gt;\, f&#039;_c&amp;lt;/math&amp;gt; = 3 ksi||colspan=&amp;quot;3&amp;quot;|&amp;lt;math&amp;gt;\, f&#039;_c&amp;lt;/math&amp;gt; = 4 ksi||colspan=&amp;quot;3&amp;quot;|&amp;lt;math&amp;gt;\, f&#039;_c&amp;lt;/math&amp;gt; = 5 ksi&lt;br /&gt;
|-&lt;br /&gt;
|Bar||A||B||C||A||B||C||A||B||C||A||B||C||A||B||C||A||B||C&lt;br /&gt;
|-&lt;br /&gt;
|#3||12||12||12||12||12||12||12||12||12||12||16||21||12||16||21||12||16||21&lt;br /&gt;
|-&lt;br /&gt;
|#4||12||12||14||12||12||14||12||12||14||12||16||21||12||16||21||12||16||21&lt;br /&gt;
|-&lt;br /&gt;
|#5||12||13||17||12||13||17||12||13||17||14||19||24||14||19||24||14||19||24&lt;br /&gt;
|-&lt;br /&gt;
|#6||13||17||22||12||16||21||12||16||21||19||24||31||17||22||29||17||22||29&lt;br /&gt;
|-&lt;br /&gt;
|#7||18||23||30||16||20||26||14||19||24||25||32||42||22||28||37||20||26||34&lt;br /&gt;
|-&lt;br /&gt;
|#8||23||30||40||20||26||34||18||24||31||33||42||55||28||37||48||25||33||43&lt;br /&gt;
|-&lt;br /&gt;
|#9||30||38||50||26||33||43||23||30||39||41||54||70||36||47||61||32||42||54&lt;br /&gt;
|-&lt;br /&gt;
|#10||38||49||63||33||42||55||29||38||49||52||68||89||45||59||77||41||53||69&lt;br /&gt;
|-&lt;br /&gt;
|#11||46||60||78||40||52||68||36||46||61||64||84||109||56||72||95||50||65||85&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
{|border=&amp;quot;1&amp;quot; style=&amp;quot;text-align:center;&amp;quot; cellpadding=&amp;quot;5&amp;quot; align=&amp;quot;center&amp;quot; cellspacing=&amp;quot;0&amp;quot;&lt;br /&gt;
|+&#039;&#039;&#039;Bars spaced 6 inches or more laterally on center and at least 3 inches concrete cover in direction of the spacing&#039;&#039;&#039;&lt;br /&gt;
!rowspan=&amp;quot;2&amp;quot;| &amp;amp;nbsp;||colspan=&amp;quot;9&amp;quot;|Other than Top Bars||colspan=&amp;quot;9&amp;quot;|Top Bars&lt;br /&gt;
|-&lt;br /&gt;
|colspan=&amp;quot;3&amp;quot;|&amp;lt;math&amp;gt;\, f&#039;_c&amp;lt;/math&amp;gt; = 3 ksi||colspan=&amp;quot;3&amp;quot;|&amp;lt;math&amp;gt;\, f&#039;_c&amp;lt;/math&amp;gt; = 4 ksi||colspan=&amp;quot;3&amp;quot;|&amp;lt;math&amp;gt;\, f&#039;_c&amp;lt;/math&amp;gt; = 5 ksi||colspan=&amp;quot;3&amp;quot;|&amp;lt;math&amp;gt;\, f&#039;_c&amp;lt;/math&amp;gt; = 3 ksi||colspan=&amp;quot;3&amp;quot;|&amp;lt;math&amp;gt;\, f&#039;_c&amp;lt;/math&amp;gt; = 4 ksi||colspan=&amp;quot;3&amp;quot;|&amp;lt;math&amp;gt;\, f&#039;_c&amp;lt;/math&amp;gt; = 5 ksi&lt;br /&gt;
|-&lt;br /&gt;
|Bar||A||B||C||A||B||C||A||B||C||A||B||C||A||B||C||A||B||C&lt;br /&gt;
|-&lt;br /&gt;
|#3||12||12||12||12||12||12||12||12||12||12||16||21||12||16||21||12||16||21&lt;br /&gt;
|-&lt;br /&gt;
|#4||12||12||12||12||12||12||12||12||12||12||16||21||12||16||21||12||16||21&lt;br /&gt;
|-&lt;br /&gt;
|#5||12||12||14||12||12||14||12||12||14||12||16||21||12||16||21||12||16||21&lt;br /&gt;
|-&lt;br /&gt;
|#6||12||14||18||12||13||17||12||13||17||15||19||25||14||18||23||14||18||23&lt;br /&gt;
|-&lt;br /&gt;
|#7||15||19||24||13||16||21||12||15||20||20||26||34||18||23||29||16||21||27&lt;br /&gt;
|-&lt;br /&gt;
|#8||19||24||32||16||21||28||15||19||25||26||34||44||23||29||38||20||26||34&lt;br /&gt;
|-&lt;br /&gt;
|#9||24||31||40||21||27||35||19||24||31||33||43||56||29||37||49||26||33||44&lt;br /&gt;
|-&lt;br /&gt;
|#10||30||39||51||26||34||44||23||30||39||42||54||71||36||47||62||33||42||55&lt;br /&gt;
|-&lt;br /&gt;
|#11||37||48||63||32||42||54||29||37||49||52||67||87||45||58||76||40||52||68&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
==== 751.40.8.4.3 Miscellaneous ====&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Negative Moment Steel over Intermediate Supports&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
Dimension negative moment steel over intermediate supports as shown.&lt;br /&gt;
&lt;br /&gt;
&amp;lt;center&amp;gt;[[Image:751.40 reinforcement-Negative Moment Steel over Intermediate Supports.gif]]&amp;lt;/center&amp;gt;&lt;br /&gt;
&lt;br /&gt;
{|&lt;br /&gt;
!colspan=&amp;quot;2&amp;quot; align=&amp;quot;left&amp;quot;|Prestressed Structures:&lt;br /&gt;
|-&lt;br /&gt;
|(1)||Bar length by design.&lt;br /&gt;
|-&lt;br /&gt;
|(2)||Reinforcement placed between longitudinal temperature reinforcing in top.&lt;br /&gt;
|}&lt;br /&gt;
:{|&lt;br /&gt;
|Bar size:||#5 bars at 7-1/2&amp;quot; cts. (Min.)&lt;br /&gt;
|-&lt;br /&gt;
| &amp;amp;nbsp;||#8 bars at 5&amp;quot; cts. (Max.)&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
{|&lt;br /&gt;
!colspan=&amp;quot;2&amp;quot; align=&amp;quot;left&amp;quot;|Steel Structures:&lt;br /&gt;
|-&lt;br /&gt;
|valign=&amp;quot;top&amp;quot;|(1)||Extend into positive moment region beyond &amp;quot;Anchor&amp;quot; Stud shear connectors at least &#039;&#039;&#039;40 x bar diameter x 1.5&#039;&#039;&#039; (Epoxy Coated Factor)(*) as shown below.  (AASHTO 10.38.4.4 &amp;amp; AASHTO 8.25.2.3)&lt;br /&gt;
|-&lt;br /&gt;
|(2)||Use #6 bars at 5&amp;quot; cts. between longitudinal temperature reinforcing in top.&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
&amp;lt;center&amp;gt;[[Image:751.40 reinforcement-elevation of girder showning negative moment steel.gif]]&amp;lt;/center&amp;gt;&lt;br /&gt;
&lt;br /&gt;
{|&lt;br /&gt;
|(*)||40 x bar diameter x 1.5 = 40 x 0.75&amp;quot; x 1.5 = 45” for #6 epoxy coated bar.&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
=== 751.40.8.5 General Superstructure ===&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
==== 751.40.8.5.1 Concrete Slabs ====&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
===== 751.40.8.5.1.1 Design Criteria =====&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Slabs on Girders&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Stresses:&#039;&#039;&#039;&lt;br /&gt;
:{|&lt;br /&gt;
|&amp;lt;math&amp;gt;\, f_c&amp;lt;/math&amp;gt;||= 1,600 psi&lt;br /&gt;
|-&lt;br /&gt;
|&amp;lt;math&amp;gt;\, f&#039;_c&amp;lt;/math&amp;gt;||= 4,000 psi&lt;br /&gt;
|-&lt;br /&gt;
|&amp;lt;math&amp;gt;\, n&amp;lt;/math&amp;gt;||= 8&lt;br /&gt;
|-&lt;br /&gt;
|&amp;lt;math&amp;gt;\, f_y&amp;lt;/math&amp;gt;||= 60,000 psi&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Moments Over Interior Support&#039;&#039;&#039; (Use for positive moment reinf. also) (Sec. 1.5 E40A)&lt;br /&gt;
&lt;br /&gt;
{|&lt;br /&gt;
|Dead Load =|| &amp;lt;math&amp;gt;\, -0.107wS^2&amp;lt;/math&amp;gt; ||(Continuous over 5 supports)&lt;br /&gt;
|-&lt;br /&gt;
|Dead Load =|| &amp;lt;math&amp;gt;\, -0.100wS^2&amp;lt;/math&amp;gt; ||(Continuous over 4 supports)&lt;br /&gt;
|}&lt;br /&gt;
{|&lt;br /&gt;
|Live Load =|| &amp;lt;math&amp;gt;\, (S + 2) \frac {P}{32}&amp;lt;/math&amp;gt; ||width=&amp;quot;20pt&amp;quot;| &amp;amp;nbsp;||Continuity Factor||= 0.8&lt;br /&gt;
|-&lt;br /&gt;
| &amp;amp;nbsp; || &amp;amp;nbsp; || &amp;amp;nbsp; ||align=&amp;quot;right&amp;quot;|Impact Factor||= 1.3&lt;br /&gt;
|-&lt;br /&gt;
| &amp;amp;nbsp; || &amp;amp;nbsp; || &amp;amp;nbsp; ||align=&amp;quot;right&amp;quot;|P||= 16 Kips for HS20&lt;br /&gt;
|-&lt;br /&gt;
| &amp;amp;nbsp; || &amp;amp;nbsp; || &amp;amp;nbsp; ||align=&amp;quot;right&amp;quot;|P||= 20 Kips for HS20 Modified&lt;br /&gt;
|-&lt;br /&gt;
|colspan=&amp;quot;5&amp;quot;| &amp;amp;nbsp;&lt;br /&gt;
|-&lt;br /&gt;
|Design Load:||colspan=&amp;quot;4&amp;quot;| &amp;amp;nbsp; &amp;lt;math&amp;gt;\, M_u = 1.3 (M_{DL} + 1.67 M_{LL+I})&amp;lt;/math&amp;gt;&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
&amp;lt;div id=&amp;quot;Cantilever Moment&amp;quot;&amp;gt;&amp;lt;/div&amp;gt;&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Cantilever Moment&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
Dead Load = Moment due to slab, F.W.S. and S.B.C.&lt;br /&gt;
&lt;br /&gt;
Live Load:&lt;br /&gt;
&lt;br /&gt;
Wheel Load = &amp;amp;nbsp; &amp;lt;math&amp;gt;\, M_{LL=I} = \frac {Px}{E}&amp;lt;/math&amp;gt;&lt;br /&gt;
&lt;br /&gt;
Where:&lt;br /&gt;
{|&lt;br /&gt;
|&amp;lt;math&amp;gt;\, P&amp;lt;/math&amp;gt;||= Wheel load (apply impact factor)&lt;br /&gt;
|-&lt;br /&gt;
|&amp;lt;math&amp;gt;\, x&amp;lt;/math&amp;gt;||= Distance from load to support (ft.)&lt;br /&gt;
|-&lt;br /&gt;
|&amp;lt;math&amp;gt;\, E&amp;lt;/math&amp;gt;||= &amp;lt;math&amp;gt;\, 0.8x + 3.75&amp;lt;/math&amp;gt;&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
Collision Load = &amp;amp;nbsp; &amp;lt;math&amp;gt;M_{COLL} = \frac {Py}{E}&amp;lt;/math&amp;gt;&lt;br /&gt;
&lt;br /&gt;
Where:&lt;br /&gt;
{|&lt;br /&gt;
|&amp;lt;math&amp;gt;\, P&amp;lt;/math&amp;gt;||= 10 kips (Collision force)&lt;br /&gt;
|-&lt;br /&gt;
|&amp;lt;math&amp;gt;\, y&amp;lt;/math&amp;gt;||= Moment arm (Curb ht.+ 1/2 Slab th.)&lt;br /&gt;
|-&lt;br /&gt;
|&amp;lt;math&amp;gt;\, E&amp;lt;/math&amp;gt;||= &amp;lt;math&amp;gt;\, 0.8x + 5.0&amp;lt;/math&amp;gt;&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
Where:&lt;br /&gt;
{|&lt;br /&gt;
|&amp;lt;math&amp;gt;\, x&amp;lt;/math&amp;gt;||= Distance from center of gravity of barrier to support &lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
{|border=&amp;quot;0&amp;quot; cellpadding=&amp;quot;5&amp;quot; cellspacing=&amp;quot;1&amp;quot; align=&amp;quot;center&amp;quot; style=&amp;quot;text-align:center&amp;quot;&lt;br /&gt;
|-&lt;br /&gt;
|width=&amp;quot;250pt&amp;quot; align=&amp;quot;left&amp;quot;|The &amp;quot;support&amp;quot; is assumed at the  1/4  point of the minimum flange.&lt;br /&gt;
|rowspan=&amp;quot;4&amp;quot;|[[Image:751.40.8.5.1.1 slab cantilever.jpg|275px]]&lt;br /&gt;
|-&lt;br /&gt;
|width=&amp;quot;250pt&amp;quot; align=&amp;quot;left&amp;quot;|Wheel loads and collision loads shall not be applied simultaneously.&lt;br /&gt;
|-&lt;br /&gt;
|width=&amp;quot;250pt&amp;quot; align=&amp;quot;left&amp;quot;|Use the greater of the two for the Design Load.&lt;br /&gt;
|-&lt;br /&gt;
|width=&amp;quot;250pt&amp;quot; align=&amp;quot;left&amp;quot;|Design Load:&amp;lt;br./&amp;gt;&amp;lt;math&amp;gt;\, M_u = 1.3 (M_{DL} + 1.67 M_{LL+I})&amp;lt;/math&amp;gt;&lt;br /&gt;
|-&lt;br /&gt;
!&amp;amp;nbsp;||Slab Cantilever Section&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
Design of top reinforcement is based on maximum moment over supports or cantilever moment. Flexural reinforcement shall meet the criteria of AASHTO Art. 8.16.3.&lt;br /&gt;
 &lt;br /&gt;
When designing for bottom transverse reinforcement, a 1&amp;quot; wearing surface is removed from the effective depth.&lt;br /&gt;
 &lt;br /&gt;
Prestressed panels replace the bottom transverse reinforcement.&lt;br /&gt;
 &lt;br /&gt;
Prestressed panels are assumed to carry DL1 stresses. Therefore, the negative moment due to DL1 at interior supports may be neglected.&lt;br /&gt;
 &lt;br /&gt;
The maximum P/S panel width (clear span + 6&amp;quot;) for HS20 Modified is 9&#039;-6&amp;quot;.  (Based on 10&#039;-0&amp;quot; girder spacing and 10&amp;quot; flanges) The maximum P/S panel width (clear span + 6&amp;quot;) for HS20 is 9&#039;-11&amp;quot;.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Distribution of Flexural Reinforcement&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
Allowable Stress: &amp;amp;nbsp; &amp;lt;math&amp;gt;\, f_s = \frac {Z}{(d_c \times A)^{1/3}} \le 0.6 f_y&amp;lt;/math&amp;gt;&lt;br /&gt;
&lt;br /&gt;
Where:&lt;br /&gt;
{|&lt;br /&gt;
|&amp;lt;math&amp;gt;\, Z&amp;lt;/math&amp;gt;||= 130 k/in.&lt;br /&gt;
|-&lt;br /&gt;
|valign=&amp;quot;top&amp;quot;|&amp;lt;math&amp;gt;\, d_c&amp;lt;/math&amp;gt;||= Dist. from extreme tension fiber to center of closest bar (concrete cover shalll not be taken greater than 2&amp;quot;)&lt;br /&gt;
|-&lt;br /&gt;
|&amp;lt;math&amp;gt;\, A&amp;lt;/math&amp;gt;||= Effective tension area of concrete&lt;br /&gt;
|-&lt;br /&gt;
| &amp;amp;nbsp;||= &amp;lt;math&amp;gt;\, 2d_c s&amp;lt;/math&amp;gt;&lt;br /&gt;
|-&lt;br /&gt;
|&amp;lt;math&amp;gt;\, s&amp;lt;/math&amp;gt;||= Bar spacing ctr. to ctr.&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
Actual Stress: &amp;amp;nbsp; &amp;lt;math&amp;gt;\, f_s = \frac {M_W}{A_S \times j \times d}&amp;lt;/math&amp;gt;&lt;br /&gt;
&lt;br /&gt;
Where:&lt;br /&gt;
{|&lt;br /&gt;
|&amp;lt;math&amp;gt;\, M_W&amp;lt;/math&amp;gt;||= Service load moment&lt;br /&gt;
|-&lt;br /&gt;
|&amp;lt;math&amp;gt;\, A_S&amp;lt;/math&amp;gt;||= Area of steel&lt;br /&gt;
|-&lt;br /&gt;
|&amp;lt;math&amp;gt;\, j&amp;lt;/math&amp;gt;||= &amp;lt;math&amp;gt;\, 1 - k/3&amp;lt;/math&amp;gt;&lt;br /&gt;
|-&lt;br /&gt;
|&amp;lt;math&amp;gt;\, k&amp;lt;/math&amp;gt;||= &amp;lt;math&amp;gt;\, \sqrt {2n\rho + (n \rho)^2} - n \rho&amp;lt;/math&amp;gt;&lt;br /&gt;
|-&lt;br /&gt;
|&amp;lt;math&amp;gt;\, n&amp;lt;/math&amp;gt;||= &amp;lt;math&amp;gt;\, E_S/E_C&amp;lt;/math&amp;gt;&lt;br /&gt;
|-&lt;br /&gt;
|&amp;lt;math&amp;gt;\, \rho&amp;lt;/math&amp;gt;||= &amp;lt;math&amp;gt;\, A_S /(b \times d)&amp;lt;/math&amp;gt;&lt;br /&gt;
|-&lt;br /&gt;
|&amp;lt;math&amp;gt;\, b&amp;lt;/math&amp;gt;||= Effective width&lt;br /&gt;
|-&lt;br /&gt;
|&amp;lt;math&amp;gt;\, d&amp;lt;/math&amp;gt;||= Effective depth&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
Distribution of flexural reinforcement does not need to be checked in&lt;br /&gt;
concrete considered unexposed to weather.&lt;br /&gt;
 &lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Longitudinal distribution reinforcement:&#039;&#039;&#039;&lt;br /&gt;
 &lt;br /&gt;
Top of slab - use #5 bars at 15&amp;quot; cts. for temperature distribution.&lt;br /&gt;
&lt;br /&gt;
Bottom of slab - by design.&lt;br /&gt;
 &lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Negative moment reinforcement over supports:&#039;&#039;&#039;&lt;br /&gt;
 &lt;br /&gt;
Steel structures - add. #6 bars at 5&amp;quot; between #5 bars.&lt;br /&gt;
&lt;br /&gt;
P/S girder structures - by design.&lt;br /&gt;
 &lt;br /&gt;
Additional reinforcement over supports shall be a minimum of #5 bars and a maximum of #8 bars at 5&amp;quot; ctrs.  When necessary, replace the #5 temperature reinforcement with a larger bar to satisfy negative moment reinforcement requirement, but keep all bars within two bar sizes.&lt;br /&gt;
 &lt;br /&gt;
Note:  See details of negative moment reinforcement.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
{|border=&amp;quot;0&amp;quot; cellpadding=&amp;quot;5&amp;quot; cellspacing=&amp;quot;1&amp;quot; align=&amp;quot;center&amp;quot; style=&amp;quot;text-align:center&amp;quot;&lt;br /&gt;
|-&lt;br /&gt;
|colspan=&amp;quot;2&amp;quot;|[[Image:751.40 general superstructure-sections thru slab showing negative moment reinforcement.gif]]&lt;br /&gt;
|-&lt;br /&gt;
!width=&amp;quot;50%&amp;quot;|CIP Slab||width=&amp;quot;50%&amp;quot;|P\S Panel Slab&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
{|border=&amp;quot;0&amp;quot; cellpadding=&amp;quot;5&amp;quot; cellspacing=&amp;quot;1&amp;quot; align=&amp;quot;center&amp;quot; style=&amp;quot;text-align:center&amp;quot;&lt;br /&gt;
|-&lt;br /&gt;
|valign=&amp;quot;top&amp;quot; align=&amp;quot;right&amp;quot;|[[Image:751.40 circled 1.gif]]||align=&amp;quot;left&amp;quot; width=&amp;quot;400pt&amp;quot; |3&amp;quot; Cl. preferred min., 2 3/4&amp;quot; Cl. preferred min. for P/S panels to accommodate #8 bars over supports and 2 1/2&amp;quot; Cl. absolute min. by AASHTO 8.22.1.&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
Method of measurement:&lt;br /&gt;
&lt;br /&gt;
The area of the concrete slab shall be measured and computed to the nearest square yard.  This area shall be measured transversely from out to out of slab and longitudinally from end to end of bridge slab.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Precast Prestressed Panels&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
3&amp;quot; Precast prestressed concrete panels with 5-1/2&amp;quot; minimum cast-in-place concrete will be the standard slab used on all girder superstructures except curved steel structures.&lt;br /&gt;
&lt;br /&gt;
Concrete for prestressed panels shall be Class A1 with &amp;lt;math&amp;gt;\, f&#039;{c}&amp;lt;/math&amp;gt; = 6,000 psi, &amp;lt;math&amp;gt;\, f&#039;_{ci}&amp;lt;/math&amp;gt; = 3,500 psi.  Prestressing tendons shall be uncoated, low-relaxation, seven-wire(7) strands for prestressed concrete conforming to AASHTO M203 Grade 270, with nominal diameter of strand = 3/8&amp;quot; and area = 0.085 sq.in., minimum ultimate strength = 22.95 kips (270 ksi), and strand spacing = 4.5 inches.&lt;br /&gt;
&lt;br /&gt;
Panels shall be set on joint filler or polystyrene bedding material.  Filler thickness shall be a Min. of 3/4&amp;quot; and a Max. of 2&amp;quot;.  Standard filler width is 1 1/2&amp;quot; except at splice plates where 3/4&amp;quot; Min. is allowed to clear splice bolts.  Joint filler thickness may be reduced to a minimum of 1/4&amp;quot; over splice plates on steel structures.  For prestressed girder structures, joint filler thickness may be varied within these limits to offset girder camber or at the contractor&#039;s option a uniform 3/4&amp;quot; (Min.) thickness may be used throughout.  The same thickness shall be used under any one edge of any panel and the maximum change in thickness between adjacent panels shall be 1/4 inch for steel spans and 1/2 inch for concrete spans.&lt;br /&gt;
&lt;br /&gt;
Standard roadway cross sections and slab reinforcement for HS20 and HS20 Modified live loads are shown in this section. Reinforcement shown is for a cast-in-place slab or a P/S panel slab with the bottom layer of reinforcement between girders being replaced by the panels. Cantilever reinforcement details for P/S panel slab are shown in this section.&lt;br /&gt;
&lt;br /&gt;
:Maximum panel width (clear span + 6&amp;quot;) = 9&#039;-6&amp;quot; for HS20 Modified.&lt;br /&gt;
:Maximum panel width (clear span + 6&amp;quot;) = 9&#039;-11&amp;quot; for HS20.&lt;br /&gt;
&lt;br /&gt;
When a barrier or railing is permanently required on the structure, other than at the edge of slab, precast prestressed panels will not be allowed in the bay underneath the barrier or railing.  Prestressed panels are not allowed for use as simply supported for live loads, i.e. staging, where only two supports may be provided for live loads.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;S.I.P.&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
Stay-in-place corrugated metal forms with cast-in-place concrete may be used on horizontally curved steel structures with the approval of the Structural Project Manager.&lt;br /&gt;
&lt;br /&gt;
The standard slab reinforcements shown in this section for HS20 live load were designed using S.I.P. Dead Loads.  If design is for HS20 Modified, the standard slab reinforcement needs to be checked for S.I.P. forms.&lt;br /&gt;
&lt;br /&gt;
The bottom transverse reinforcement shall maintain a 1&amp;quot; clear distance from the top of forms.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;C.I.P.&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
8 1/2&amp;quot; cast-in-place concrete slab with conventional forming may be used at the contractor&#039;s option, on all girder structures.  Conventional forming shall also be used between girders with stage construction joints.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
{|border=&amp;quot;0&amp;quot; cellpadding=&amp;quot;5&amp;quot; cellspacing=&amp;quot;1&amp;quot; align=&amp;quot;center&amp;quot; style=&amp;quot;text-align:center&amp;quot;&lt;br /&gt;
|+&#039;&#039;&#039;Details of Precast Prestressed Panels Prestressed Structure:&#039;&#039;&#039;&lt;br /&gt;
|colspan=&amp;quot;1&amp;quot;|[[Image:751.40 general superstructure-panels - square ends - prestressed structures.gif]]&lt;br /&gt;
|[[Image:751.40 general superstructure-panels - skewed ends - prestressed structures.gif]]&lt;br /&gt;
|-&lt;br /&gt;
!colspan=&amp;quot;1&amp;quot;|Panels-Squared Ends&lt;br /&gt;
!Panels-Skewed Ends&lt;br /&gt;
|-&lt;br /&gt;
!colspan=&amp;quot;3&amp;quot;|PLAN OF PRECAST PRESTRESSED PANELS PLACEMENT&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
{|border=&amp;quot;0&amp;quot; cellpadding=&amp;quot;5&amp;quot; cellspacing=&amp;quot;0&amp;quot; align=&amp;quot;center&amp;quot; style=&amp;quot;text-align:center&amp;quot;&lt;br /&gt;
&lt;br /&gt;
|valign=&amp;quot;top&amp;quot;|(1)&lt;br /&gt;
|align=&amp;quot;left&amp;quot;|End panels shall be dimensioned 1&amp;quot; min. to 1-1/2&amp;quot;&amp;lt;br/&amp;gt;max. from the inside face of diaphragm.&lt;br /&gt;
|rowspan=&amp;quot;3&amp;quot; colspan=&amp;quot;2&amp;quot;|[[Image:751.40 general superstructure-panels - section thru const joint.gif]]&lt;br /&gt;
|-&lt;br /&gt;
|valign=&amp;quot;top&amp;quot;|(2)&lt;br /&gt;
|align=&amp;quot;left&amp;quot;|S-Bars shown are bottom steel in slab between&amp;lt;br/&amp;gt;panels and used with squared end panels only.&lt;br /&gt;
|-&lt;br /&gt;
|valign=&amp;quot;top&amp;quot;|(3)&lt;br /&gt;
|align=&amp;quot;left&amp;quot;|Extend S-Bars 18 inches beyond the front&amp;lt;br/&amp;gt;face of end bents only.&lt;br /&gt;
|-&lt;br /&gt;
|colspan=&amp;quot;2&amp;quot; rowspan=&amp;quot;2&amp;quot;|[[Image:751.40 general superstructure-panels - section a-a.gif]]&lt;br /&gt;
!colspan=&amp;quot;2&amp;quot;|Section Thru Const. Joint&lt;br /&gt;
|-&lt;br /&gt;
|valign=&amp;quot;top&amp;quot;|(*)&lt;br /&gt;
|align=&amp;quot;left&amp;quot; valign=&amp;quot;top&amp;quot;|Adjust the permissible construction joint to a clearance of 6&amp;lt;br/&amp;gt;inches minimum from the joints of the panels.&lt;br /&gt;
 &lt;br /&gt;
Note: All reinforcement other than prestressing strands shall&amp;lt;br/&amp;gt;be epoxy coated.&lt;br /&gt;
|-&lt;br /&gt;
!colspan=&amp;quot;2&amp;quot;|Section A-A&lt;br /&gt;
|colspan=&amp;quot;2&amp;quot; rowspan=&amp;quot;5&amp;quot;|[[Image:751.40 general superstructure-panels - section thru cantilever.gif]]&lt;br /&gt;
|-&lt;br /&gt;
|valign=&amp;quot;top&amp;quot;|(**)&lt;br /&gt;
|align=&amp;quot;left&amp;quot; valign=&amp;quot;top&amp;quot;|3/4&amp;quot; Min. thru 2&amp;quot; max. thickness and 1 1/2&amp;quot; width of&amp;lt;br/&amp;gt;preformed fiber expansion joint material or Sec 1057&amp;lt;br/&amp;gt;or polystyrene bedding material Sec 1073.&lt;br /&gt;
|-&lt;br /&gt;
|colspan=&amp;quot;2&amp;quot;| &amp;amp;nbsp;&lt;br /&gt;
|-&lt;br /&gt;
|colspan=&amp;quot;2&amp;quot;| &amp;amp;nbsp;&lt;br /&gt;
|-&lt;br /&gt;
|colspan=&amp;quot;2&amp;quot;| &amp;amp;nbsp;&lt;br /&gt;
|-&lt;br /&gt;
|colspan=&amp;quot;2&amp;quot;| &amp;amp;nbsp;&lt;br /&gt;
!colspan=&amp;quot;2&amp;quot;|Section Thru Cantilever&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
{|border=&amp;quot;0&amp;quot; cellpadding=&amp;quot;5&amp;quot; cellspacing=&amp;quot;0&amp;quot; align=&amp;quot;center&amp;quot; style=&amp;quot;text-align:center&amp;quot;&lt;br /&gt;
|+&#039;&#039;&#039;Details of Precast Prestressed Panels Steel Structure:&#039;&#039;&#039;&lt;br /&gt;
|colspan=&amp;quot;2&amp;quot;|[[Image:751.40 general superstructure-panels - square ends - end bent - steel structure.gif|250px]]&lt;br /&gt;
|[[Image:751.40 general superstructure-panels - square ends - int end bent - steel structure.gif|250px]]&lt;br /&gt;
|[[Image:751.40 general superstructure-panels - square ends - int bent - steel structure.gif|250px]]&lt;br /&gt;
|-&lt;br /&gt;
!colspan=&amp;quot;2&amp;quot;|End Bent&lt;br /&gt;
!End Bent (Integral)&lt;br /&gt;
!Int. Bent (Exp. Gap)&lt;br /&gt;
|-&lt;br /&gt;
!colspan=&amp;quot;4&amp;quot;|Panels-Squared Ends&lt;br /&gt;
|-&lt;br /&gt;
|colspan=&amp;quot;2&amp;quot;|[[Image:751.40 general superstructure-panels - skewed ends - int bent exp gap - steel structure.gif]]&lt;br /&gt;
|[[Image:751.40 general superstructure-panels - skewed ends - end bent - steel structure.gif]]&lt;br /&gt;
|[[Image:751.40 general superstructure-panels - skewed ends - int end bent - steel structure.gif]]&lt;br /&gt;
|-&lt;br /&gt;
!colspan=&amp;quot;2&amp;quot;|Int. Bent (Exp. Gap)&lt;br /&gt;
!End Bent&lt;br /&gt;
!End Bent (Integral)&lt;br /&gt;
|-&lt;br /&gt;
!colspan=&amp;quot;4&amp;quot;|Panels-Skewed Ends&lt;br /&gt;
|-&lt;br /&gt;
!colspan=&amp;quot;4&amp;quot;|PLAN OF PRECAST PRESTRESSED PANELS PLACEMENT&lt;br /&gt;
|-&lt;br /&gt;
|valign=&amp;quot;top&amp;quot;|(1)&lt;br /&gt;
|align=&amp;quot;left&amp;quot;|End panels shall be dimensioned 1&amp;quot; min. to 1 1/2&amp;quot; max. from the inside face of diaphragm.&lt;br /&gt;
|colspan=&amp;quot;2&amp;quot; rowspan=&amp;quot;2&amp;quot;|[[Image:751.40 general superstructure-panels - section a-a steel structure.gif]]&lt;br /&gt;
|-&lt;br /&gt;
|valign=&amp;quot;top&amp;quot;|(2)&lt;br /&gt;
|align=&amp;quot;left&amp;quot;|S-Bars shown are bottom steel in slab between panels and used with squared end panels only.&lt;br /&gt;
|-&lt;br /&gt;
|valign=&amp;quot;top&amp;quot;|(3)&lt;br /&gt;
|align=&amp;quot;left&amp;quot;|Extend S-bars 18 inches beyond the front face of end bents only.&lt;br /&gt;
|colspan=&amp;quot;2&amp;quot;|&#039;&#039;&#039;Section A-A&#039;&#039;&#039;&amp;lt;br/&amp;gt;(*)  Over splice plates, 3/4&amp;quot; Min. thickness allowed.&lt;br /&gt;
|-&lt;br /&gt;
|valign=&amp;quot;top&amp;quot;|(5)&lt;br /&gt;
|align=&amp;quot;left&amp;quot; valign=&amp;quot;top&amp;quot;|S-Bars shown are used with skewed end panels, or square end panels of square structures only. The #5-S Bars will extend the width of slab (30&amp;quot; lap if necessary) or to within 3&amp;quot; of expansion device assemblies.&lt;br /&gt;
|colspan=&amp;quot;2&amp;quot; rowspan=&amp;quot;3&amp;quot;|[[Image:751.40 general superstructure-panels - section b-b steel structure.gif]]&lt;br /&gt;
|-&lt;br /&gt;
|valign=&amp;quot;top&amp;quot;|Note:&lt;br /&gt;
|align=&amp;quot;left&amp;quot;|All reinforcement other than prestressing strands shall be epoxy coated.&lt;br /&gt;
|-&lt;br /&gt;
| &amp;amp;nbsp;&lt;br /&gt;
| &amp;amp;nbsp;&lt;br /&gt;
|-&lt;br /&gt;
| &amp;amp;nbsp;&lt;br /&gt;
| &amp;amp;nbsp;&lt;br /&gt;
|colspan=&amp;quot;2&amp;quot;|&#039;&#039;&#039;Part Section B-B&#039;&#039;&#039;&lt;br /&gt;
|-&lt;br /&gt;
|colspan=&amp;quot;4&amp;quot;|[[Image:751.40 general superstructure-panels - section thru cantilever steel structure.gif]]&lt;br /&gt;
|-&lt;br /&gt;
|colspan=&amp;quot;4&amp;quot;|&#039;&#039;&#039;Section Thru Cantilever&#039;&#039;&#039;&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
{|border=&amp;quot;0&amp;quot; cellpadding=&amp;quot;5&amp;quot; cellspacing=&amp;quot;1&amp;quot; align=&amp;quot;center&amp;quot; style=&amp;quot;text-align:center&amp;quot;&lt;br /&gt;
|+&#039;&#039;&#039;Details of Precast Prestressed Panels for all Structures:&#039;&#039;&#039;&lt;br /&gt;
|colspan=&amp;quot;2&amp;quot;|[[Image:751.40 general superstructure-panels - plan of precast prestressed panel.gif]]&lt;br /&gt;
|colspan=&amp;quot;2&amp;quot;|[[Image:751.40 general superstructure-panels - plan of precast prestressed panel (skewed end-option).gif]]&lt;br /&gt;
|-&lt;br /&gt;
!colspan=&amp;quot;2&amp;quot; valign=&amp;quot;top&amp;quot;|Plan of Precast Prestressed Panel&lt;br /&gt;
!colspan=&amp;quot;2&amp;quot; valign=&amp;quot;top&amp;quot;|Plan of Precast Prestressed Panel&amp;lt;br/&amp;gt;(Skewed End-Optional)&lt;br /&gt;
|-&lt;br /&gt;
|(*)&lt;br /&gt;
|align=&amp;quot;left&amp;quot;|= 3&amp;quot; (Typ.) for steel girder structures&lt;br /&gt;
!colspan=&amp;quot;2&amp;quot; rowspan=&amp;quot;3&amp;quot;|[[Image:751.40 general superstructure-panels - detail a (precast panels).gif]]&lt;br /&gt;
|-&lt;br /&gt;
|(*)&lt;br /&gt;
|align=&amp;quot;left&amp;quot;|= 3&amp;quot; (Typ.) for P/S girder structures&lt;br /&gt;
|-&lt;br /&gt;
|(**)&lt;br /&gt;
|align=&amp;quot;left&amp;quot;|Use #3-P3 bars if panel is skewed &amp;lt;math&amp;gt;\,45^\circ&amp;lt;/math&amp;gt; or greater. &lt;br /&gt;
|-&lt;br /&gt;
|colspan=&amp;quot;2&amp;quot; rowspan=&amp;quot;2&amp;quot;|[[Image:751.40 general superstructure-panels - section b-b (precast panels).gif]]&lt;br /&gt;
!colspan=&amp;quot;2&amp;quot;|Detail &amp;quot;A&amp;quot;&lt;br /&gt;
|-&lt;br /&gt;
|valign=&amp;quot;top&amp;quot;|Note:&lt;br /&gt;
|align=&amp;quot;left&amp;quot; valign=&amp;quot;top&amp;quot;|Area of Strand = Astra = 0.085 sq. in./strand&amp;lt;br/&amp;gt;Initial prestressing stress = fsi = (0.75)(270 ksi) = 202.5 ksi&amp;lt;br/&amp;gt;Initial prestressing force = Astra x fsi&amp;lt;br/&amp;gt;= (0.085 sq. in./strand)(202.5 ksi) = 17.2 kips/strand&lt;br /&gt;
|-&lt;br /&gt;
!colspan=&amp;quot;2&amp;quot;|Section B-B &lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
===== 751.40.8.5.1.2 Details of Concrete Slabs for Structures =====&lt;br /&gt;
&lt;br /&gt;
{|border=&amp;quot;0&amp;quot; cellpadding=&amp;quot;5&amp;quot; cellspacing=&amp;quot;1&amp;quot; align=&amp;quot;center&amp;quot; style=&amp;quot;text-align:center&amp;quot;&lt;br /&gt;
|-&lt;br /&gt;
|[[Image:751.40 general superstructure-HS20 (26ft0in ROADWAY - 4 GIRDER).gif]]&lt;br /&gt;
|-&lt;br /&gt;
!colspan=&amp;quot;2&amp;quot;|HS20 (26&#039;-0&amp;quot; ROADWAY - 4 GIRDER)&lt;br /&gt;
|-&lt;br /&gt;
|colspan=&amp;quot;2&amp;quot;| &amp;amp;nbsp;&lt;br /&gt;
|-&lt;br /&gt;
|[[Image:751.40 general superstructure-HS20 modified (26ft0in ROADWAY - 4 GIRDER).gif]]&lt;br /&gt;
|-&lt;br /&gt;
!colspan=&amp;quot;2&amp;quot;|HS20 Modified (26&#039;-0&amp;quot; ROADWAY - 4 GIRDER)&lt;br /&gt;
|-&lt;br /&gt;
|colspan=&amp;quot;2&amp;quot;| &amp;amp;nbsp;&lt;br /&gt;
|-&lt;br /&gt;
|[[Image:751.40 general superstructure-HS20 (28ft0in ROADWAY - 4 GIRDER).gif]]&lt;br /&gt;
|-&lt;br /&gt;
!colspan=&amp;quot;2&amp;quot;|HS20 (28&#039;-0&amp;quot; ROADWAY - 4 GIRDER)&lt;br /&gt;
|-&lt;br /&gt;
|colspan=&amp;quot;2&amp;quot;| &amp;amp;nbsp;&lt;br /&gt;
|-&lt;br /&gt;
|[[Image:751.40 general superstructure-HS20 modified (28ft0in ROADWAY - 4 GIRDER).gif]]&lt;br /&gt;
|-&lt;br /&gt;
!colspan=&amp;quot;2&amp;quot;|HS20 Modified (28&#039;-0&amp;quot; ROADWAY - 4 GIRDER)&lt;br /&gt;
|-&lt;br /&gt;
|colspan=&amp;quot;2&amp;quot;| &amp;amp;nbsp;&lt;br /&gt;
|-&lt;br /&gt;
|[[Image:751.40 general superstructure-HS20 (30ft0in ROADWAY - 4 GIRDER).gif]]&lt;br /&gt;
|-&lt;br /&gt;
!colspan=&amp;quot;2&amp;quot;|HS20 (30&#039;-0&amp;quot; ROADWAY - 4 GIRDER)&lt;br /&gt;
|-&lt;br /&gt;
|colspan=&amp;quot;2&amp;quot;| &amp;amp;nbsp;&lt;br /&gt;
|-&lt;br /&gt;
|[[Image:751.40 general superstructure-HS20 modified (30ft0in ROADWAY - 4 GIRDER).gif]]&lt;br /&gt;
|-&lt;br /&gt;
!colspan=&amp;quot;2&amp;quot;|HS20 Modified (30&#039;-0&amp;quot; ROADWAY - 4 GIRDER)&lt;br /&gt;
|-&lt;br /&gt;
|colspan=&amp;quot;2&amp;quot;| &amp;amp;nbsp;&lt;br /&gt;
|-&lt;br /&gt;
|[[Image:751.40 general superstructure-HS20 (32ft0in ROADWAY - 4 GIRDER).gif]]&lt;br /&gt;
|-&lt;br /&gt;
!colspan=&amp;quot;2&amp;quot;|HS20 (32&#039;-0&amp;quot; ROADWAY - 4 GIRDER)&lt;br /&gt;
|-&lt;br /&gt;
|colspan=&amp;quot;2&amp;quot;| &amp;amp;nbsp;&lt;br /&gt;
|-&lt;br /&gt;
|[[Image:751.40 general superstructure-HS20 modified (32ft0in ROADWAY - 4 GIRDER).gif]]&lt;br /&gt;
|-&lt;br /&gt;
!colspan=&amp;quot;2&amp;quot;|HS20 Modified (32&#039;-0&amp;quot; ROADWAY - 4 GIRDER)&lt;br /&gt;
|-&lt;br /&gt;
|colspan=&amp;quot;2&amp;quot;| &amp;amp;nbsp;&lt;br /&gt;
|-&lt;br /&gt;
|[[Image:751.40 general superstructure-HS20 (36ft0in ROADWAY - 5 GIRDER).gif]]&lt;br /&gt;
|-&lt;br /&gt;
!colspan=&amp;quot;2&amp;quot;|HS20 (36&#039;-0&amp;quot; ROADWAY - 5 GIRDER)&lt;br /&gt;
|-&lt;br /&gt;
|colspan=&amp;quot;2&amp;quot;| &amp;amp;nbsp;&lt;br /&gt;
|-&lt;br /&gt;
|[[Image:751.40 general superstructure-HS20 modified (36ft0in ROADWAY - 5 GIRDER).gif]]&lt;br /&gt;
|-&lt;br /&gt;
!colspan=&amp;quot;2&amp;quot;|HS20 Modified (36&#039;-0&amp;quot; ROADWAY - 5 GIRDER)&lt;br /&gt;
|-&lt;br /&gt;
|colspan=&amp;quot;2&amp;quot;| &amp;amp;nbsp;&lt;br /&gt;
|-&lt;br /&gt;
|[[Image:751.40 general superstructure-HS20 (38ft0in ROADWAY - 5 GIRDER)(unsymmetrical).gif]]&lt;br /&gt;
|-&lt;br /&gt;
!colspan=&amp;quot;2&amp;quot;|HS20 (38&#039;-0&amp;quot; ROADWAY - 5 GIRDER)(Unsymmetrical)&lt;br /&gt;
|-&lt;br /&gt;
|colspan=&amp;quot;2&amp;quot;| &amp;amp;nbsp;&lt;br /&gt;
|-&lt;br /&gt;
|[[Image:751.40 general superstructure-HS20 modified (38ft0in ROADWAY - 5 GIRDER)(unsymmetrical).gif]]&lt;br /&gt;
|-&lt;br /&gt;
!colspan=&amp;quot;2&amp;quot;|HS20 Modified (38&#039;-0&amp;quot; ROADWAY - 5 GIRDER)(Unsymmetrical)&lt;br /&gt;
|-&lt;br /&gt;
|colspan=&amp;quot;2&amp;quot;| &amp;amp;nbsp;&lt;br /&gt;
|-&lt;br /&gt;
|[[Image:751.40 general superstructure-HS20 (40ft0in ROADWAY - 5 GIRDER).gif]]&lt;br /&gt;
|-&lt;br /&gt;
!colspan=&amp;quot;2&amp;quot;|HS20 (40&#039;-0&amp;quot; ROADWAY - 5 GIRDER)&lt;br /&gt;
|-&lt;br /&gt;
|colspan=&amp;quot;2&amp;quot;| &amp;amp;nbsp;&lt;br /&gt;
|-&lt;br /&gt;
|[[Image:751.40 general superstructure-HS20 modified (40ft0in ROADWAY - 5 GIRDER).gif]]&lt;br /&gt;
|-&lt;br /&gt;
!colspan=&amp;quot;2&amp;quot;|HS20 Modified (40&#039;-0&amp;quot; ROADWAY - 5 GIRDER)&lt;br /&gt;
|-&lt;br /&gt;
|colspan=&amp;quot;2&amp;quot;| &amp;amp;nbsp;&lt;br /&gt;
|-&lt;br /&gt;
|[[Image:751.40 general superstructure-HS20 (44ft0in ROADWAY - 5 GIRDER).gif]]&lt;br /&gt;
|-&lt;br /&gt;
!colspan=&amp;quot;2&amp;quot;|HS20 (36&#039;-0&amp;quot; ROADWAY - 5 GIRDER)&lt;br /&gt;
|-&lt;br /&gt;
|colspan=&amp;quot;2&amp;quot;| &amp;amp;nbsp;&lt;br /&gt;
|-&lt;br /&gt;
|[[Image:751.40 general superstructure-HS20 modified (44ft0in ROADWAY - 5 GIRDER).gif]]&lt;br /&gt;
|-&lt;br /&gt;
!colspan=&amp;quot;2&amp;quot;|HS20 Modified (36&#039;-0&amp;quot; ROADWAY - 5 GIRDER)&lt;br /&gt;
|-&lt;br /&gt;
|colspan=&amp;quot;2&amp;quot;| &amp;amp;nbsp;&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
==== 751.40.8.5.2 Timber Floor ====&lt;br /&gt;
&lt;br /&gt;
{|border=&amp;quot;1&amp;quot; style=&amp;quot;text-align:center;&amp;quot; cellpadding=&amp;quot;5&amp;quot; align=&amp;quot;center&amp;quot;&lt;br /&gt;
|-&lt;br /&gt;
!colspan=&amp;quot;3&amp;quot;|Maximum stringer spacing as determined by strength of timber floor&lt;br /&gt;
|-&lt;br /&gt;
!colspan=&amp;quot;3&amp;quot;|Stress = 1,200 lbs. per square inch&lt;br /&gt;
|-&lt;br /&gt;
!width=&amp;quot;200pt&amp;quot;| &amp;amp;nbsp;||width=&amp;quot;200pt&amp;quot;|H-10||width=&amp;quot;200pt&amp;quot;|H-15&lt;br /&gt;
|-&lt;br /&gt;
|(*) 3&amp;quot; x 12&amp;quot; Plank||18&amp;quot; + 1/2 Flange Width||16&amp;quot; + 1/2 Flange Width&lt;br /&gt;
|-&lt;br /&gt;
|4&amp;quot; Laminated Floor||2&#039;-11&amp;quot; + 1/2 Flange Width||2&#039;-3&amp;quot; + 1/2 Flange Width&lt;br /&gt;
|-&lt;br /&gt;
|6&amp;quot; Laminated Floor||6&#039;-0&amp;quot; + 1/2 Flange Width||4&#039;-4&amp;quot; + 1/2 Flange Width&lt;br /&gt;
|-&lt;br /&gt;
!colspan=&amp;quot;3&amp;quot;|Stress = 1,600 lbs. per square inch&lt;br /&gt;
|-&lt;br /&gt;
! &amp;amp;nbsp; ||H-10||H-15&lt;br /&gt;
|-&lt;br /&gt;
|3&amp;quot; x 12&amp;quot; Plank||23&amp;quot; + 1/2 Flange Width||21&amp;quot; + 1/2 Flange Width&lt;br /&gt;
|-&lt;br /&gt;
|4&amp;quot; Laminated Floor||3&#039;-9&amp;quot; + 1/2 Flange Width||2&#039;-11 1/2&amp;quot; + 1/2 Flange Width&lt;br /&gt;
|-&lt;br /&gt;
|6&amp;quot; Laminated Floor||7&#039;-10 3/4&amp;quot; + 1/2 Flange Width||5&#039;-9&amp;quot; + 1/2 Flange Width&lt;br /&gt;
|}&lt;br /&gt;
&amp;lt;center&amp;gt;(*) 3&amp;quot; x 12&amp;quot; Plank without treads.&amp;lt;/center&amp;gt;&lt;br /&gt;
&lt;br /&gt;
==== 751.40.8.5.3 Steel Grid Bridge Flooring ====&lt;br /&gt;
&lt;br /&gt;
In general, the 5&amp;quot; depth (concrete filled to half depth) steel grid bridge flooring shall be specified.  Bar spacing may vary as necessary to meet minimum section modulus requirements.  Main member spacing shall not exceed  10&amp;quot; and cross bar spacing shall not exceed 4&amp;quot;.  At present, the manufacturers of the following types have provided data to show they are acceptable:&lt;br /&gt;
 &lt;br /&gt;
:Greulich 5&amp;quot; Standard&lt;br /&gt;
:Foster 5&amp;quot; Standard&lt;br /&gt;
 &lt;br /&gt;
The section properties &amp;lt;math&amp;gt;\, (n = 8)&amp;lt;/math&amp;gt; and maximum span for HS20 loading have been computed for these types and are as follows:&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
{|border=&amp;quot;1&amp;quot; style=&amp;quot;text-align:center;&amp;quot; cellpadding=&amp;quot;5&amp;quot; align=&amp;quot;center&amp;quot;&lt;br /&gt;
|-&lt;br /&gt;
|rowspan=&amp;quot;3&amp;quot; width=&amp;quot;75pt&amp;quot;|Company&lt;br /&gt;
|rowspan=&amp;quot;3&amp;quot;|(For Design&amp;lt;br/&amp;gt;Purpose only)&amp;lt;br/&amp;gt;Weight (PSF)&amp;lt;br/&amp;gt;(Steel &amp;amp; Conc.)&lt;br /&gt;
|rowspan=&amp;quot;3&amp;quot;|Main bar&amp;lt;br/&amp;gt;Spacing&lt;br /&gt;
|rowspan=&amp;quot;3&amp;quot;|Cross bar&amp;lt;br/&amp;gt;Spacing&lt;br /&gt;
|colspan=&amp;quot;3&amp;quot;|Moment of Inertia&amp;lt;br/&amp;gt;&amp;lt;math&amp;gt;\, (in^4/Ft.)&amp;lt;/math&amp;gt;&lt;br /&gt;
|-&lt;br /&gt;
|colspan=&amp;quot;2&amp;quot;|Mid Span&lt;br /&gt;
||Over-Support&lt;br /&gt;
|-&lt;br /&gt;
|Conc.||Steel||Steel&lt;br /&gt;
|-&lt;br /&gt;
|Greulich||width=&amp;quot;100pt&amp;quot;|48.0||width=&amp;quot;50pt&amp;quot;|7 1/2&amp;quot;||width=&amp;quot;50pt&amp;quot;|3 3/4&amp;quot;||width=&amp;quot;50pt&amp;quot;|99.41||width=&amp;quot;50pt&amp;quot;|12.43||width=&amp;quot;50pt&amp;quot;|9.03&lt;br /&gt;
|-&lt;br /&gt;
|Foster||48.0||8&amp;quot;||4&amp;quot;||128.1||16.01||12.25&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
{|border=&amp;quot;1&amp;quot; style=&amp;quot;text-align:center;&amp;quot; cellpadding=&amp;quot;5&amp;quot; align=&amp;quot;center&amp;quot;&lt;br /&gt;
|-&lt;br /&gt;
|rowspan=&amp;quot;3&amp;quot; width=&amp;quot;75pt&amp;quot;|Company&lt;br /&gt;
|colspan=&amp;quot;4&amp;quot;|Section Modulus &amp;lt;math&amp;gt;\, (in^2/ft.)&amp;lt;/math&amp;gt;&lt;br /&gt;
|colspan=&amp;quot;4&amp;quot;|Maximum Span (*)&lt;br /&gt;
|-&lt;br /&gt;
|colspan=&amp;quot;2&amp;quot;|Mid-Span&lt;br /&gt;
|colspan=&amp;quot;2&amp;quot;|Over-Support&lt;br /&gt;
|colspan=&amp;quot;2&amp;quot;|Simple Span&lt;br /&gt;
|colspan=&amp;quot;2&amp;quot;|Continuous Spans&lt;br /&gt;
|-&lt;br /&gt;
|width=&amp;quot;50pt&amp;quot;|Conc.&amp;lt;br/&amp;gt;(Top)&lt;br /&gt;
|width=&amp;quot;50pt&amp;quot;|Steel&amp;lt;br/&amp;gt;(Bott.)&lt;br /&gt;
|width=&amp;quot;50pt&amp;quot;|Steel&amp;lt;br/&amp;gt;(Top)&lt;br /&gt;
|width=&amp;quot;50pt&amp;quot;|Steel&amp;lt;br/&amp;gt;(Bott.)&lt;br /&gt;
|width=&amp;quot;50pt&amp;quot;|ASTM&amp;lt;br/&amp;gt;A709&amp;lt;br/&amp;gt;Gr. 36&lt;br /&gt;
|width=&amp;quot;50pt&amp;quot;|ASTM&amp;lt;br/&amp;gt;A709&amp;lt;br/&amp;gt;Gr. 50W&lt;br /&gt;
|width=&amp;quot;50pt&amp;quot;|ASTM&amp;lt;br/&amp;gt;A709&amp;lt;br/&amp;gt;Gr. 36&lt;br /&gt;
|width=&amp;quot;50pt&amp;quot;|ASTM&amp;lt;br/&amp;gt;A709&amp;lt;br/&amp;gt;Gr. 50W&lt;br /&gt;
|-&lt;br /&gt;
|Greulich||59.5||3.53||3.90||3.14||4&#039;-4&amp;quot;||5&#039;-10&amp;quot;||5&#039;-10&amp;quot;||7&#039;-1&amp;quot;&lt;br /&gt;
|-&lt;br /&gt;
|Foster||72.5||4.68||5.25||4.30||5&#039;-9&amp;quot;||7&#039;-5&amp;quot;||7&#039;-2&amp;quot;||9&#039;-4&amp;quot;&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
The cross-section DETAILS used in computing the section properties are shown on the sketches on the following sheets.  Maximum span determination included an allowance for a 35#/sq.ft. future&lt;br /&gt;
wearing surface and assumed a wheel load to be distributed, normal to the main bars, over a width of 4&#039;-0&amp;quot;.&lt;br /&gt;
 &lt;br /&gt;
(Place the following note on the Bridge Plans with the Steel Grid Details.&lt;br /&gt;
 &lt;br /&gt;
Note: The steel grid deck shall be electrically grounded.&lt;br /&gt;
&lt;br /&gt;
(*) For main beams of grid either parallel or perpendicular to traffic.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&amp;lt;center&amp;gt;[[Image:751.40 general superstructure-greulich 5in standard.gif]]&amp;lt;/center&amp;gt;&lt;br /&gt;
&lt;br /&gt;
{|border=&amp;quot;1&amp;quot; style=&amp;quot;text-align:center;&amp;quot; cellpadding=&amp;quot;5&amp;quot; align=&amp;quot;center&amp;quot;&lt;br /&gt;
|-&lt;br /&gt;
|&amp;amp;nbsp;||Composite Section||Steel Section Only (net)&lt;br /&gt;
|-&lt;br /&gt;
|y||1.671&amp;quot;||2.317&amp;quot;&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&amp;lt;center&amp;gt;&#039;&#039;&#039;Greulich 5&amp;quot; Standard&#039;&#039;&#039;&amp;lt;/center&amp;gt;&lt;br /&gt;
&lt;br /&gt;
{|border=&amp;quot;0&amp;quot; style=&amp;quot;text-align:center;&amp;quot; cellpadding=&amp;quot;2&amp;quot; align=&amp;quot;center&amp;quot;&lt;br /&gt;
|-&lt;br /&gt;
|Note:||Dimensions obtained form Greulich plans.&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&amp;lt;center&amp;gt;[[Image:751.40 general superstructure-foster 5in standard.gif]]&amp;lt;/center&amp;gt;&lt;br /&gt;
&lt;br /&gt;
{|border=&amp;quot;1&amp;quot; style=&amp;quot;text-align:center;&amp;quot; cellpadding=&amp;quot;5&amp;quot; align=&amp;quot;center&amp;quot;&lt;br /&gt;
|-&lt;br /&gt;
|&amp;amp;nbsp;||Composite Section||Steel Section Only (net)&lt;br /&gt;
|-&lt;br /&gt;
|y||1.766&amp;quot;||2.338&amp;quot;&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&amp;lt;center&amp;gt;&#039;&#039;&#039;Foster 5&amp;quot; Standard&#039;&#039;&#039;&amp;lt;/center&amp;gt;&lt;br /&gt;
&lt;br /&gt;
{|border=&amp;quot;0&amp;quot; style=&amp;quot;text-align:center;&amp;quot; cellpadding=&amp;quot;2&amp;quot; align=&amp;quot;center&amp;quot;&lt;br /&gt;
|-&lt;br /&gt;
|Note:||Dimensions obtained form Foster Catalog.&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
==== 751.40.8.5.4 Longitudinal Diagrams ====&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
===== 751.40.8.5.4.1 Hinged Beam Connections =====&lt;br /&gt;
&lt;br /&gt;
The diagrams of various joints in steel structures are intended to be guides primarily for the determination of horizontal longitudinal dimensions for the plan view on the first sheet of plans.&lt;br /&gt;
 &lt;br /&gt;
These diagrams are not to be detailed on the design plans.  However, the arrangement of the joints should be useful in detailing the longitudinal diagram for structural steel, particularly for bridges on grades and vertical curves.&lt;br /&gt;
 &lt;br /&gt;
Longitudinal dimensions for the plan of structural steel and for the plan of slab shall be horizontal from centerline bearing to centerline bearing.&lt;br /&gt;
 &lt;br /&gt;
For proper correlation of details when developing plans for widening or redecking bridges, match the method of dimensioning on the new plans with the method used on the originals.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
{|border=&amp;quot;0&amp;quot; cellpadding=&amp;quot;5&amp;quot; cellspacing=&amp;quot;1&amp;quot; align=&amp;quot;center&amp;quot; style=&amp;quot;text-align:center&amp;quot;&lt;br /&gt;
|+&#039;&#039;&#039;Hinged Beam Connections&#039;&#039;&#039;&lt;br /&gt;
|[[Image:751.40 general superstructure-Geometrics for Hinged Beam Connections for Bridges on Sag Vertical Curves1.gif]]&lt;br /&gt;
|-&lt;br /&gt;
!Geometrics for Hinged Beam Connections for Bridges on Sag Vertical Curves&lt;br /&gt;
|-&lt;br /&gt;
|&amp;amp;nbsp;&lt;br /&gt;
|-&lt;br /&gt;
|[[Image:751.40 general superstructure-Geometrics for Hinged Beam Connections for Bridges on Flat Grade.gif]]&lt;br /&gt;
|-&lt;br /&gt;
!Geometrics for Hinged Beam Connections for Bridges on Flat Grade&lt;br /&gt;
|-&lt;br /&gt;
|&amp;amp;nbsp;&lt;br /&gt;
|-&lt;br /&gt;
|[[Image:751.40 general superstructure-Geometrics for Hinged Beam Connections for Bridges on Straight, Plus Grades.gif]]&lt;br /&gt;
|-&lt;br /&gt;
!Geometrics for Hinged Beam Connections for Bridges on Straight, Plus Grades&lt;br /&gt;
|-&lt;br /&gt;
|&amp;amp;nbsp;&lt;br /&gt;
|-&lt;br /&gt;
|[[Image:751.40 general superstructure-Geometrics for Hinged Beam Connections for Bridges on Crown Vertical Curves.gif]]&lt;br /&gt;
|-&lt;br /&gt;
!Geometrics for Hinged Beam Connections for Bridges on Crown Vertical Curves&lt;br /&gt;
|-&lt;br /&gt;
|&amp;amp;nbsp;&lt;br /&gt;
|-&lt;br /&gt;
|[[Image:751.40 general superstructure-Geometrics for Hinged Beam Connections for Bridges on Sag Vertical Curves2.gif]]&lt;br /&gt;
|-&lt;br /&gt;
!Geometrics for Hinged Beam Connections for Bridges on Sag Vertical Curves&lt;br /&gt;
|-&lt;br /&gt;
|&amp;amp;nbsp;&lt;br /&gt;
|-&lt;br /&gt;
|[[Image:751.40 general superstructure-Geometrics for Hinged Beam Connections for Bridges on Symmetrical Vertical Curves.gif]]&lt;br /&gt;
|-&lt;br /&gt;
!Geometrics for Hinged Beam Connections for Bridges on Symmetrical Vertical Curves&lt;br /&gt;
|-&lt;br /&gt;
|&amp;amp;nbsp;&lt;br /&gt;
|-&lt;br /&gt;
|[[Image:751.40 general superstructure-Geometrics for Hinged Beam Connections for Bridges on Crown Vertical Curves1.gif]]&lt;br /&gt;
|-&lt;br /&gt;
!Geometrics for Hinged Beam Connections for Bridges on Crown Vertical Curves&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
{|border=&amp;quot;0&amp;quot; cellpadding=&amp;quot;5&amp;quot; cellspacing=&amp;quot;1&amp;quot; align=&amp;quot;center&amp;quot; style=&amp;quot;text-align:center&amp;quot;&lt;br /&gt;
|+&#039;&#039;&#039;Hanger Beam Connections&#039;&#039;&#039;&lt;br /&gt;
|[[Image:751.40 general superstructure-Geometrics for Hanger Beam Connections for Bridges on Crown Vertical Curves.gif]]&lt;br /&gt;
|-&lt;br /&gt;
!Geometrics for Hanger Beam Connections for Bridges on Crown Vertical Curves&lt;br /&gt;
|-&lt;br /&gt;
|&amp;amp;nbsp;&lt;br /&gt;
|-&lt;br /&gt;
|[[Image:751.40 general superstructure-Geometrics for Hanger Beam Connections for Bridges on Sag Vertical Curves.gif]]&lt;br /&gt;
|-&lt;br /&gt;
!Geometrics for Hanger Beam Connections for Bridges on Sag Vertical Curves&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
{|border=&amp;quot;0&amp;quot; cellpadding=&amp;quot;5&amp;quot; cellspacing=&amp;quot;1&amp;quot; align=&amp;quot;center&amp;quot; style=&amp;quot;text-align:center&amp;quot;&lt;br /&gt;
|+&#039;&#039;&#039;Pin Plate Connections&#039;&#039;&#039;&lt;br /&gt;
|[[Image:751.40 general superstructure-Geometrics for Pin Plate Connections for Bridges on Crown Vertical Curves.gif]]&lt;br /&gt;
|-&lt;br /&gt;
!Geometrics for Pin Plate Connections for Bridges on Crown Vertical Curves&lt;br /&gt;
|-&lt;br /&gt;
|&amp;amp;nbsp;&lt;br /&gt;
|-&lt;br /&gt;
|[[Image:751.40 general superstructure-Geometrics for Pin Plate Connections for Bridges on Sag Vertical Curves.gif]]&lt;br /&gt;
|-&lt;br /&gt;
!Geometrics for Pin Plate Connections for Bridges on Sag Vertical Curves&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
===== 751.40.8.5.4.2 Longitudinal Sections =====&lt;br /&gt;
&lt;br /&gt;
{|border=&amp;quot;0&amp;quot; cellpadding=&amp;quot;5&amp;quot; cellspacing=&amp;quot;1&amp;quot; align=&amp;quot;center&amp;quot; style=&amp;quot;text-align:center&amp;quot;&lt;br /&gt;
|+&#039;&#039;&#039;Expansion Device at End Bent&#039;&#039;&#039;&lt;br /&gt;
|Colspan=&amp;quot;2&amp;quot;|[[Image:751.40 general superstructure-longitudinal sections-expansion device at end bent(not on grade).gif]]&lt;br /&gt;
|-&lt;br /&gt;
!Bearing Stiffener||Connection Plate&lt;br /&gt;
|-&lt;br /&gt;
!colspan=&amp;quot;2&amp;quot;|Structures Not on Grade (Typical)&lt;br /&gt;
|-&lt;br /&gt;
|colspan=&amp;quot;2&amp;quot;| &amp;amp;nbsp;&lt;br /&gt;
|-&lt;br /&gt;
|colspan=&amp;quot;2&amp;quot;|[[Image:751.40 general superstructure-longitudinal sections-expansion device at end bent(on grade).gif]]&lt;br /&gt;
|-&lt;br /&gt;
!Colspan=&amp;quot;2&amp;quot;|Structures on Grade (Typical)&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
{|border=&amp;quot;0&amp;quot; cellpadding=&amp;quot;5&amp;quot; cellspacing=&amp;quot;1&amp;quot; align=&amp;quot;center&amp;quot;&lt;br /&gt;
|-&lt;br /&gt;
|align=&amp;quot;right&amp;quot; valign=&amp;quot;top&amp;quot;|(*)||width=&amp;quot;400pt&amp;quot;|Parallel to Girder.  All other dimensions shown are normal to backwall.&lt;br /&gt;
|-&lt;br /&gt;
|align=&amp;quot;right&amp;quot; valign=&amp;quot;top&amp;quot;|(**)||width=&amp;quot;400pt&amp;quot;|See [[751.13 Expansion Devices|EPG 751.13 Expansion Devices]] for dimension of overhang from end of stringer or girder to face of plate, edge of concrete or face of vertical leg of angle.&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
{|border=&amp;quot;0&amp;quot; cellpadding=&amp;quot;5&amp;quot; cellspacing=&amp;quot;1&amp;quot; align=&amp;quot;center&amp;quot; style=&amp;quot;text-align:center&amp;quot;&lt;br /&gt;
|+&#039;&#039;&#039;No Expansion Device at End Bent&#039;&#039;&#039;&lt;br /&gt;
|Colspan=&amp;quot;2&amp;quot;|[[Image:751.40 general superstructure-longitudinal sections-no expansion device at end bent(not on grade) 1.gif]]&lt;br /&gt;
|-&lt;br /&gt;
!Bearing Stiffener||Connection Plate&lt;br /&gt;
|-&lt;br /&gt;
!colspan=&amp;quot;2&amp;quot;|Structures Not on Grade (Typical)&lt;br /&gt;
|-&lt;br /&gt;
|colspan=&amp;quot;2&amp;quot;| &amp;amp;nbsp;&lt;br /&gt;
|-&lt;br /&gt;
|colspan=&amp;quot;2&amp;quot;|[[Image:751.40 general superstructure-longitudinal sections-no expansion device at end bent(on grade) 1.gif]]&lt;br /&gt;
|-&lt;br /&gt;
!Colspan=&amp;quot;2&amp;quot;|Structures on Grade (Typical)&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
{|border=&amp;quot;0&amp;quot; cellpadding=&amp;quot;5&amp;quot; cellspacing=&amp;quot;1&amp;quot; align=&amp;quot;center&amp;quot;&lt;br /&gt;
|-&lt;br /&gt;
|align=&amp;quot;right&amp;quot; valign=&amp;quot;top&amp;quot;|(*)||width=&amp;quot;400pt&amp;quot;|Parallel to Girder.  All other dimensions shown are normal to backwall.&lt;br /&gt;
|-&lt;br /&gt;
|align=&amp;quot;right&amp;quot; valign=&amp;quot;top&amp;quot;|(**)||width=&amp;quot;400pt&amp;quot;|18&amp;quot; min. (Use same dimension as the expansion device end on 3-span continuous, if it is not more than 2&amp;quot; greater.)&lt;br /&gt;
|-&lt;br /&gt;
|align=&amp;quot;right&amp;quot; valign=&amp;quot;top&amp;quot;|(***)||width=&amp;quot;400pt&amp;quot;|3&amp;quot; min. for type C, D and E bearing, and 2&amp;quot; min. for an elastomeric bearing.&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
{|border=&amp;quot;0&amp;quot; cellpadding=&amp;quot;5&amp;quot; cellspacing=&amp;quot;1&amp;quot; align=&amp;quot;center&amp;quot; style=&amp;quot;text-align:center&amp;quot;&lt;br /&gt;
|+&#039;&#039;&#039;Intermediate Bent&#039;&#039;&#039;&lt;br /&gt;
|width=&amp;quot;300pt&amp;quot;|[[Image:751.40 general superstructure-longitudinal sections-intermediate bent-no expansion device.gif]]&lt;br /&gt;
|width=&amp;quot;300pt&amp;quot;|[[Image:751.40 general superstructure-longitudinal sections-intermediate bent-expansion device.gif]]&lt;br /&gt;
|-&lt;br /&gt;
!No Expansion Device||Expansion Device&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
{|border=&amp;quot;0&amp;quot; cellpadding=&amp;quot;5&amp;quot; cellspacing=&amp;quot;1&amp;quot; align=&amp;quot;center&amp;quot;&lt;br /&gt;
|-&lt;br /&gt;
|align=&amp;quot;right&amp;quot; valign=&amp;quot;top&amp;quot;|[[Image:751.40 circled 1.gif]]||width=&amp;quot;400pt&amp;quot;|1/2&amp;quot; minimum overhang from end of stringer to face of plate, edge of concrete or face of vertical leg of angle.&lt;br /&gt;
|-&lt;br /&gt;
|align=&amp;quot;right&amp;quot; valign=&amp;quot;top&amp;quot;|[[Image:751.40 circled 2.gif]]||width=&amp;quot;400pt&amp;quot;|Gap as required for a particular type of expansion device.&lt;br /&gt;
|-&lt;br /&gt;
|align=&amp;quot;right&amp;quot; valign=&amp;quot;top&amp;quot;|[[Image:751.40 circled 3.gif]]||width=&amp;quot;400pt&amp;quot;|Expansion device gap plus 1 1/2&amp;quot; minimum (taken parallel to centerline stringer).&lt;br /&gt;
|-&lt;br /&gt;
|align=&amp;quot;right&amp;quot; valign=&amp;quot;top&amp;quot;|(*)||width=&amp;quot;400pt&amp;quot;|Parallel to Girder.  All other dimensions shown are normal to centerline Bent.&lt;br /&gt;
|-&lt;br /&gt;
|colspan=&amp;quot;2&amp;quot; align=left&amp;quot; valign-&amp;quot;top&amp;quot;|Blockout shown is for Elastomeric Expansion Joint Seal.  Check&amp;lt;br/&amp;gt;Bridge Memorandum for type of device for a particular structure.&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
{|border=&amp;quot;0&amp;quot; cellpadding=&amp;quot;5&amp;quot; cellspacing=&amp;quot;1&amp;quot; align=&amp;quot;center&amp;quot; style=&amp;quot;text-align:center&amp;quot;&lt;br /&gt;
|+&#039;&#039;&#039;Expansion Device at Any Bent&#039;&#039;&#039;&lt;br /&gt;
|[[Image:751.40 general superstructure-longitudinal sections-expansion device at any bent-end(no grade).gif]]&lt;br /&gt;
|[[Image:751.40 general superstructure-longitudinal sections-expansion device at any bent-int(no grade).gif]]&lt;br /&gt;
|-&lt;br /&gt;
!colspan=&amp;quot;2&amp;quot;|Structures Not on Grade (Typical)&lt;br /&gt;
|-&lt;br /&gt;
|colspan=&amp;quot;2&amp;quot;| &amp;amp;nbsp;&lt;br /&gt;
|-&lt;br /&gt;
|colspan=&amp;quot;2&amp;quot;|[[Image:751.40 general superstructure-longitudinal sections-expansion device at any bent-end(on grade).gif]]&lt;br /&gt;
|-&lt;br /&gt;
!colspan=&amp;quot;2&amp;quot;|Structures On Grade (Typical)&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
{|border=&amp;quot;0&amp;quot; cellpadding=&amp;quot;5&amp;quot; cellspacing=&amp;quot;1&amp;quot; align=&amp;quot;center&amp;quot; style=&amp;quot;text-align:center&amp;quot;&lt;br /&gt;
|+&#039;&#039;&#039;Point on Rotation of Bearings&#039;&#039;&#039;&lt;br /&gt;
|[[Image:751.40 general superstructure-longitudinal sections-point of rotation of bearings-type c bearing.gif]]&lt;br /&gt;
|[[Image:751.40 general superstructure-longitudinal sections-point of rotation of bearings-type c bearing grade 4% and greater.gif]]&lt;br /&gt;
|-&lt;br /&gt;
!valign=&amp;quot;top&amp;quot; width=&amp;quot;300pt&amp;quot;|Type &amp;quot;C&amp;quot; Bearing||width=&amp;quot;300pt&amp;quot;|Type &amp;quot;C&amp;quot; Bearing&amp;lt;br/&amp;gt;(Grade 4% and Greater)&lt;br /&gt;
|-&lt;br /&gt;
|colspan=&amp;quot;2&amp;quot;| &amp;amp;nbsp;&lt;br /&gt;
|-&lt;br /&gt;
|[[Image:751.40 general superstructure-longitudinal sections-point of rotation of bearings-type d bearing.gif]]&lt;br /&gt;
|[[Image:751.40 general superstructure-longitudinal sections-point of rotation of bearings-type e bearing.gif]]&lt;br /&gt;
|-&lt;br /&gt;
!width=&amp;quot;300pt&amp;quot;|Type &amp;quot;D&amp;quot; Bearing||width=&amp;quot;300pt&amp;quot;|Type &amp;quot;E&amp;quot; Bearing&lt;br /&gt;
|-&lt;br /&gt;
|colspan=&amp;quot;2&amp;quot;| &amp;amp;nbsp;&lt;br /&gt;
|-&lt;br /&gt;
|[[Image:751.40 general superstructure-longitudinal sections-point of rotation of bearings-flat plate bearing.gif]]&lt;br /&gt;
|[[Image:751.40 general superstructure-longitudinal sections-point of rotation of bearings-prestressed structure bearing pad.gif]]&lt;br /&gt;
|-&lt;br /&gt;
!width=&amp;quot;300pt&amp;quot;|Flat Plate Bearing&amp;lt;br/&amp;gt;(For Grade 2% and Greater)||width=&amp;quot;300pt&amp;quot;|Prestressed Structure&amp;lt;br/&amp;gt;Bearing Pad&lt;br /&gt;
|-&lt;br /&gt;
|colspan=&amp;quot;2&amp;quot;| &amp;amp;nbsp;&lt;br /&gt;
|-&lt;br /&gt;
|colspan=&amp;quot;2&amp;quot;|[[Image:751.40 general superstructure-longitudinal sections-point of rotation of bearings-steel structure bearing pad.gif]]&lt;br /&gt;
|-&lt;br /&gt;
!colspan=&amp;quot;2&amp;quot;|Steel Structure&amp;lt;br/&amp;gt;Bearing Pad&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
{|border=&amp;quot;0&amp;quot; cellpadding=&amp;quot;5&amp;quot; cellspacing=&amp;quot;1&amp;quot; align=&amp;quot;center&amp;quot; style=&amp;quot;text-align:center&amp;quot;&lt;br /&gt;
|+&#039;&#039;&#039;Blocking Diagram&#039;&#039;&#039;&lt;br /&gt;
|[[Image:751.40 general superstructure-longitudinal sections-blocking diagram.gif]]&lt;br /&gt;
|-&lt;br /&gt;
!Elevation of Longitudinal Steel Diagram&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
{|border=&amp;quot;0&amp;quot; cellpadding=&amp;quot;5&amp;quot; cellspacing=&amp;quot;1&amp;quot; align=&amp;quot;center&amp;quot;&lt;br /&gt;
|-&lt;br /&gt;
|align=&amp;quot;right&amp;quot; valign=&amp;quot;top&amp;quot;|Note:||width=&amp;quot;400pt&amp;quot;|The typical elevation shown above should be detailed on the plans for all steel structures that are on vertical curve grades.&lt;br /&gt;
|-&lt;br /&gt;
|align=&amp;quot;right&amp;quot; valign=&amp;quot;top&amp;quot;|(1)||width=&amp;quot;400pt&amp;quot;|Longitudinal dimensions are horizontal from centerline Brg. to centerline Brg.&lt;br /&gt;
|-&lt;br /&gt;
|align=&amp;quot;right&amp;quot; valign=&amp;quot;top&amp;quot;|(*)||width=&amp;quot;400pt&amp;quot;|Horizontal dimensions.&lt;br /&gt;
|-&lt;br /&gt;
!colspan=&amp;quot;2&amp;quot;|BLOCKING DIAGRAM SHOULD NOT BE USED FOR CAMBERED GIRDERS.&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
==== 751.40.8.5.5 Miscellaneous Bearing Connections ====&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
===== 751.40.8.5.5.1 Typical Details of “Hinged Connection&amp;quot; =====&lt;br /&gt;
&lt;br /&gt;
{|border=&amp;quot;0&amp;quot; cellpadding=&amp;quot;5&amp;quot; cellspacing=&amp;quot;1&amp;quot; align=&amp;quot;center&amp;quot; style=&amp;quot;text-align:center&amp;quot;&lt;br /&gt;
|-&lt;br /&gt;
|colspan=&amp;quot;3&amp;quot;|[[Image:751.40 general superstructure-misc details-section showing hinged beam conn1.gif]]&lt;br /&gt;
|-&lt;br /&gt;
!colspan=&amp;quot;3&amp;quot;|Section Showing Hinged Beam Connection&lt;br /&gt;
|-&lt;br /&gt;
|colspan=&amp;quot;3&amp;quot;| &amp;amp;nbsp;&lt;br /&gt;
|-&lt;br /&gt;
|rowspan=&amp;quot;2&amp;quot;|[[Image:751.40 general superstructure-misc details-detail of web at radius transition.gif]]&lt;br /&gt;
|valign=&amp;quot;bottom&amp;quot;|[[Image:751.40 general superstructure-misc details-plan of brg plate.gif]]&lt;br /&gt;
|rowspan=&amp;quot;2&amp;quot;|[[Image:751.40 general superstructure-misc details-typ welding details for stiffeners.gif]]&lt;br /&gt;
|-&lt;br /&gt;
!valign=&amp;quot;top&amp;quot;|Plan of Brg. Plate&lt;br /&gt;
|-&lt;br /&gt;
!Detail of Web at&amp;lt;br/&amp;gt;Radius Transition|| &amp;amp;nbsp;||Typical Welding Details&amp;lt;br/&amp;gt;for Stiff. Plates&lt;br /&gt;
|-&lt;br /&gt;
|colspan=&amp;quot;3&amp;quot;| &amp;amp;nbsp;&lt;br /&gt;
|-&lt;br /&gt;
|[[Image:751.40 general superstructure-misc details-section c-c.gif]]&lt;br /&gt;
| colspan=&amp;quot;2&amp;quot; rowspan=&amp;quot;2&amp;quot; |&lt;br /&gt;
{|border=&amp;quot;0&amp;quot; cellpadding=&amp;quot;3&amp;quot; cellspacing=&amp;quot;1&amp;quot; align=&amp;quot;center&amp;quot;&lt;br /&gt;
|-&lt;br /&gt;
|valign=&amp;quot;top&amp;quot; align=&amp;quot;right&amp;quot;|&amp;quot;D&amp;quot;||align=&amp;quot;left&amp;quot; width=&amp;quot;375pt&amp;quot; |Gap as required for expansion (3&amp;quot; Min.)&lt;br /&gt;
|-&lt;br /&gt;
|valign=&amp;quot;top&amp;quot; align=&amp;quot;right&amp;quot;|&amp;quot;J&amp;quot;||align=&amp;quot;left&amp;quot; width=&amp;quot;375pt&amp;quot; |5&amp;quot; for bearing with 3&amp;quot; web thickness. Use 6&amp;quot; for all others.&lt;br /&gt;
|-&lt;br /&gt;
|valign=&amp;quot;top&amp;quot; align=&amp;quot;right&amp;quot;|[[Image:751.40 circled 1.gif]]||align=&amp;quot;left&amp;quot; width=&amp;quot;375pt&amp;quot; |Dimension to be 1/3 brg. length (Typ.)&lt;br /&gt;
|-&lt;br /&gt;
|valign=&amp;quot;top&amp;quot; align=&amp;quot;right&amp;quot;|(*)||align=&amp;quot;left&amp;quot; width=&amp;quot;375pt&amp;quot; |To be used unless greater depth is required by design.&lt;br /&gt;
|-&lt;br /&gt;
|valign=&amp;quot;top&amp;quot; align=&amp;quot;right&amp;quot;|(**)||align=&amp;quot;left&amp;quot; width=&amp;quot;375pt&amp;quot; |See [[751.13 Expansion Devices|EPG 751.13 Expansion Devices]]&lt;br /&gt;
|-&lt;br /&gt;
|valign=&amp;quot;top&amp;quot; align=&amp;quot;right&amp;quot;|Note:||align=&amp;quot;left&amp;quot; width=&amp;quot;375pt&amp;quot; |Web thickness and size of fillet weld connecting bearing stiffener plate to web as required by design.&lt;br /&gt;
|-&lt;br /&gt;
|valign=&amp;quot;top&amp;quot; align=&amp;quot;right&amp;quot;| &amp;amp;nbsp;||align=&amp;quot;left&amp;quot; width=&amp;quot;375pt&amp;quot; |Plans for bridges on a grade or vertical curve shall have the conn. detailed in relation to the slope of the girders and stringers.&lt;br /&gt;
|}&lt;br /&gt;
|-&lt;br /&gt;
!Section C-C&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
{|border=&amp;quot;0&amp;quot; cellpadding=&amp;quot;5&amp;quot; cellspacing=&amp;quot;1&amp;quot; align=&amp;quot;center&amp;quot; style=&amp;quot;text-align:center&amp;quot;&lt;br /&gt;
|-&lt;br /&gt;
|colspan=&amp;quot;4&amp;quot;|[[Image:751.40 general superstructure-misc details-section showing hinged beam conn2.gif]]&lt;br /&gt;
|-&lt;br /&gt;
!colspan=&amp;quot;4&amp;quot;|Section Showing Hinged Beam Connection&lt;br /&gt;
|-&lt;br /&gt;
|colspan=&amp;quot;4&amp;quot;| &amp;amp;nbsp;&lt;br /&gt;
|-&lt;br /&gt;
|colspan=&amp;quot;4&amp;quot;|[[Image:751.40 general superstructure-misc details-sections d-d &amp;amp; e-e.gif]]&lt;br /&gt;
|-&lt;br /&gt;
!width=&amp;quot;15%&amp;quot;| &amp;amp;nbsp;||Section D-D||Section E-E||width=&amp;quot;18%&amp;quot;| &amp;amp;nbsp;&lt;br /&gt;
|-&lt;br /&gt;
|colspan=&amp;quot;4&amp;quot;| &amp;amp;nbsp;&lt;br /&gt;
|-&lt;br /&gt;
|colspan=&amp;quot;4&amp;quot;|[[Image:751.40 general superstructure-misc details-typical welding details for stiffeners.gif]]&lt;br /&gt;
|-&lt;br /&gt;
!colspan=&amp;quot;4&amp;quot;|Typical Welding Details&amp;lt;br/&amp;gt;for Stiff. Plates&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
{|border=&amp;quot;0&amp;quot; cellpadding=&amp;quot;5&amp;quot; cellspacing=&amp;quot;1&amp;quot; align=&amp;quot;center&amp;quot; style=&amp;quot;text-align:center&amp;quot;&lt;br /&gt;
|-&lt;br /&gt;
|valign=&amp;quot;top&amp;quot; align=&amp;quot;right&amp;quot;|(*)||align=&amp;quot;left&amp;quot;|See below for dimension &amp;quot;G&amp;quot;.&lt;br /&gt;
|-&lt;br /&gt;
|valign=&amp;quot;top&amp;quot; align=&amp;quot;right&amp;quot;|(**)||align=&amp;quot;left&amp;quot;|See [[751.13 Expansion Devices|EPG 751.13 Expansion Devices]]&lt;br /&gt;
|-&lt;br /&gt;
|valign=&amp;quot;top&amp;quot; align=&amp;quot;right&amp;quot;|&amp;quot;F&amp;quot;||align=&amp;quot;left&amp;quot;|= Gap as required for expansion (3&amp;quot; Min.).&lt;br /&gt;
|-&lt;br /&gt;
|valign=&amp;quot;top&amp;quot; align=&amp;quot;right&amp;quot;|&amp;quot;H&amp;quot;||align=&amp;quot;left&amp;quot;|= 10 3/4&amp;quot; Min. (12&amp;quot; preferred.)&lt;br /&gt;
|-&lt;br /&gt;
|valign=&amp;quot;top&amp;quot; align=&amp;quot;right&amp;quot;|&amp;quot;J&amp;quot;||align=&amp;quot;left&amp;quot;|= 5&amp;quot; for bearing with 3&amp;quot; web thickness. Use 6&amp;quot; for all others.&lt;br /&gt;
|-&lt;br /&gt;
|colspan=&amp;quot;2&amp;quot;|All dimensions shown are minimum, increase, as necessary.&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
{|border=&amp;quot;1&amp;quot; style=&amp;quot;text-align:center;&amp;quot; cellpadding=&amp;quot;5&amp;quot; align=&amp;quot;center&amp;quot;&lt;br /&gt;
|+&#039;&#039;&#039;Allowable Dead Load Reactions for Various Depths of &amp;quot;G&amp;quot;&#039;&#039;&#039;&lt;br /&gt;
!width=&amp;quot;75pt&amp;quot;|Web&amp;lt;br/&amp;gt;Thickness&lt;br /&gt;
!width=&amp;quot;75pt&amp;quot;|Depth&amp;lt;br/&amp;gt;&amp;quot;G&amp;quot;&lt;br /&gt;
!width=&amp;quot;150pt&amp;quot;|(*) Allowable&amp;lt;br/&amp;gt;Dead Load&amp;lt;br/&amp;gt;Reactions, Kips&amp;lt;br/&amp;gt;(At 150% Overstress)&lt;br /&gt;
|rowspan=&amp;quot;9&amp;quot;| &amp;amp;nbsp;&lt;br /&gt;
!width=&amp;quot;75pt&amp;quot;|Web&amp;lt;br/&amp;gt;Thickness&lt;br /&gt;
!width=&amp;quot;75pt&amp;quot;|Depth&amp;lt;br/&amp;gt;&amp;quot;G&amp;quot;&lt;br /&gt;
!width=&amp;quot;150pt&amp;quot;|(*) Allowable&amp;lt;br/&amp;gt;Dead Load&amp;lt;br/&amp;gt;Reactions, Kips&amp;lt;br/&amp;gt;(At 150% Overstress)&lt;br /&gt;
|-&lt;br /&gt;
|5/16&amp;quot;||8&amp;quot;||45.0||7/16&amp;quot;||8&amp;quot;||63.0&lt;br /&gt;
|-&lt;br /&gt;
|5/16&amp;quot;||9&amp;quot;||50.6||7/16&amp;quot;||9&amp;quot;||70.8&lt;br /&gt;
|-&lt;br /&gt;
|5/16&amp;quot;||10&amp;quot;||56.2||7/16&amp;quot;||10&amp;quot;||78.7&lt;br /&gt;
|-&lt;br /&gt;
|5/16&amp;quot;||11&amp;quot;||61.8||7/16&amp;quot;||11&amp;quot;||86.6&lt;br /&gt;
|-&lt;br /&gt;
|5/16&amp;quot;||12&amp;quot;||67.5||7/16&amp;quot;||12&amp;quot;||94.5&lt;br /&gt;
|-&lt;br /&gt;
|5/16&amp;quot;||13&amp;quot;||73.1||7/16&amp;quot;||13&amp;quot;||102.3&lt;br /&gt;
|-&lt;br /&gt;
|5/16&amp;quot;||14&amp;quot;||78.8||7/16&amp;quot;||14&amp;quot;||110.2&lt;br /&gt;
|-&lt;br /&gt;
|5/16&amp;quot;||15&amp;quot;||84.3||7/16&amp;quot;||15&amp;quot;||118.1&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
{|border=&amp;quot;1&amp;quot; style=&amp;quot;text-align:center;&amp;quot; cellpadding=&amp;quot;5&amp;quot; align=&amp;quot;center&amp;quot;&lt;br /&gt;
|-&lt;br /&gt;
|width=&amp;quot;75pt&amp;quot;|3/8&amp;quot;&lt;br /&gt;
|width=&amp;quot;75pt&amp;quot;|8&amp;quot;&lt;br /&gt;
|width=&amp;quot;150pt&amp;quot;|54.0&lt;br /&gt;
|rowspan=&amp;quot;8&amp;quot;| &amp;amp;nbsp;&lt;br /&gt;
|width=&amp;quot;75pt&amp;quot;|1/2&amp;quot;&lt;br /&gt;
|width=&amp;quot;75pt&amp;quot;|8&amp;quot;&lt;br /&gt;
|width=&amp;quot;150pt&amp;quot;|72.0&lt;br /&gt;
|-&lt;br /&gt;
|3/8&amp;quot;||9&amp;quot;||60.7||1/2&amp;quot;||9&amp;quot;||81.0&lt;br /&gt;
|-&lt;br /&gt;
|3/8&amp;quot;||10&amp;quot;||67.5||1/2&amp;quot;||10&amp;quot;||90.0&lt;br /&gt;
|-&lt;br /&gt;
|3/8&amp;quot;||11&amp;quot;||74.2||1/2&amp;quot;||11&amp;quot;||99.0&lt;br /&gt;
|-&lt;br /&gt;
|3/8&amp;quot;||12&amp;quot;||81.0||1/2&amp;quot;||12&amp;quot;||108.0&lt;br /&gt;
|-&lt;br /&gt;
|3/8&amp;quot;||13&amp;quot;||87.7||1/2&amp;quot;||13&amp;quot;||117.0&lt;br /&gt;
|-&lt;br /&gt;
|3/8&amp;quot;||14&amp;quot;||94.5||1/2&amp;quot;||14&amp;quot;||126.0&lt;br /&gt;
|-&lt;br /&gt;
|3/8&amp;quot;||15&amp;quot;||101.2||1/2&amp;quot;||15&amp;quot;||135.0&lt;br /&gt;
|}&lt;br /&gt;
&amp;lt;center&amp;gt;(*) No (Live load + impact) excluded.&amp;lt;/center&amp;gt;&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
{|border=&amp;quot;0&amp;quot; cellpadding=&amp;quot;5&amp;quot; cellspacing=&amp;quot;1&amp;quot; align=&amp;quot;center&amp;quot; style=&amp;quot;text-align:center&amp;quot;&lt;br /&gt;
|+&#039;&#039;&#039;Typical Details of &amp;quot;Hinged&amp;quot; Connection&amp;quot;&#039;&#039;&#039;&lt;br /&gt;
|[[Image:751.40 general superstructure-misc details-section showing hinged beam conn3.gif]]&lt;br /&gt;
|-&lt;br /&gt;
!Section Showing Hinged Beam Connection&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
{|border=&amp;quot;0&amp;quot; cellpadding=&amp;quot;5&amp;quot; cellspacing=&amp;quot;1&amp;quot; align=&amp;quot;center&amp;quot; style=&amp;quot;text-align:center&amp;quot;&lt;br /&gt;
|-&lt;br /&gt;
|colspan=&amp;quot;2&amp;quot;|[[Image:751.40 general superstructure-misc details-section thru plate girders.gif]]&lt;br /&gt;
|-&lt;br /&gt;
!valign=&amp;quot;top&amp;quot;|Plate Girder 42&amp;quot; Thru 46&amp;quot;&amp;lt;br/&amp;gt;Also 48&amp;quot; and Over&lt;br /&gt;
!valign=&amp;quot;top&amp;quot;|Plate Girder 36&amp;quot; Thru 40&amp;quot;&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
{|border=&amp;quot;0&amp;quot; cellpadding=&amp;quot;5&amp;quot; cellspacing=&amp;quot;1&amp;quot; align=&amp;quot;center&amp;quot; style=&amp;quot;text-align:center&amp;quot;&lt;br /&gt;
|-&lt;br /&gt;
|[[Image:751.40 general superstructure-misc details-detail a.gif]]&lt;br /&gt;
|[[Image:751.40 general superstructure-misc details-detail b.gif]]&lt;br /&gt;
|-&lt;br /&gt;
!Detail &amp;quot;A&amp;quot;||Detail &amp;quot;B&amp;quot;&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
{|border=&amp;quot;0&amp;quot; cellpadding=&amp;quot;5&amp;quot; cellspacing=&amp;quot;1&amp;quot; align=&amp;quot;center&amp;quot; style=&amp;quot;text-align:center&amp;quot;&lt;br /&gt;
|-&lt;br /&gt;
|valign=&amp;quot;top&amp;quot; align=&amp;quot;right&amp;quot;|Note:||align=&amp;quot;left&amp;quot; width=&amp;quot;400pt&amp;quot;|Modify standard end diaphragm connections as shown above, if clearance problems exist between bearing plate and end diaphragm connection bolts.&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
=== 751.40.8.6 Composite Design ===&lt;br /&gt;
====751.40.8.6.1 General ====&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;GENERAL&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
This portion of the article pertains to structures composed of steel girders with concrete&lt;br /&gt;
slab connected by shear connectors. The stresses of composite girders and slab shall be computed based on the composite cross-section properties and shall be consistent with the&lt;br /&gt;
properties of the various materials used. The regions subjected to positive moment are considered as composite and the regions subjected to negative moment are considered as non-composite. For the initial girder design, composite/non-composite regions can be approximately assumed as:&lt;br /&gt;
&amp;lt;center&amp;gt;&lt;br /&gt;
&lt;br /&gt;
[[Image:751.40 Widen and Repair Design Assumptions- Initial Girder Design.gif|650px]]&lt;br /&gt;
&amp;lt;/center&amp;gt;&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;SECTION PROPERTIES&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
Cross-section properties of the composite section shall include concrete&lt;br /&gt;
slab and steel section.&lt;br /&gt;
&lt;br /&gt;
Cross-section properties of the non-composite section shall include steel&lt;br /&gt;
section only.&lt;br /&gt;
&lt;br /&gt;
Use composite property for positive moment section.&lt;br /&gt;
&lt;br /&gt;
Use non-composite property for negative moment section. The effect of reinforcing steel in the section is not considered.&lt;br /&gt;
&lt;br /&gt;
The ratio of modulus of elasticity of steel to that of concrete, n, shall be assumed to be eight. The effect of creep shall be considered in the design of composite girders which have dead loads acting on the composite section. In such structures, n=24 shall be used.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;DESIGN UNIT STRESSES&#039;&#039;&#039; (also see [[751.50 Standard Detailing Notes#A1. Design Specifications, Loadings &amp;amp; Unit Stresses and Standard Plans|note A1.1 in EPG 751.50 Standard Detailing Notes]])&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Reinforcement Concrete&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
{|style=&amp;quot;text-align:left&amp;quot;&lt;br /&gt;
|-&lt;br /&gt;
|width=&amp;quot;250&amp;quot;|Reinforcing Steel (Grade 60)||width=&amp;quot;150&amp;quot;|&amp;lt;math&amp;gt;\, f_s&amp;lt;/math&amp;gt; = 24,000 psi||width=&amp;quot;150&amp;quot;|&amp;lt;math&amp;gt;\, f_y&amp;lt;/math&amp;gt; = 60,000 psi&lt;br /&gt;
|-&lt;br /&gt;
|Class B-2 Concrete (Substructure)||  &amp;lt;math&amp;gt;\, f_c&amp;lt;/math&amp;gt; = 1,600 psi||     &amp;lt;math&amp;gt;\, f&#039;_c&amp;lt;/math&amp;gt; = 4,000 psi&lt;br /&gt;
|-&lt;br /&gt;
|}&lt;br /&gt;
&#039;&#039;&#039;Structural Steel&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
{|&lt;br /&gt;
|-&lt;br /&gt;
|width=&amp;quot;300&amp;quot;|Structural Carbon Steel (ASTM A709 Grade 36)||width=&amp;quot;150&amp;quot;|&amp;lt;math&amp;gt;\, f_s&amp;lt;/math&amp;gt; = 20,000 psi||width=&amp;quot;150&amp;quot;|&amp;lt;math&amp;gt;\, f_y&amp;lt;/math&amp;gt; = 36,000 psi&lt;br /&gt;
|-&lt;br /&gt;
|Structural Steel (ASTM A709 Grade 50)||&amp;lt;math&amp;gt;\, f_s&amp;lt;/math&amp;gt; = 27,000 psi||&amp;lt;math&amp;gt;\, f_y&amp;lt;/math&amp;gt; = 50,000 psi&lt;br /&gt;
|-&lt;br /&gt;
|Structural Steel (ASTM A709 Grade 50W)||&amp;lt;math&amp;gt;\, f_s&amp;lt;/math&amp;gt; = 27,000 psi||&amp;lt;math&amp;gt;\, f_y&amp;lt;/math&amp;gt; = 50,000 psi&lt;br /&gt;
|-&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
==== 751.40.8.6.2 Design ====&lt;br /&gt;
===== 751.40.8.6.2.1 Shear Connector Design =====&lt;br /&gt;
&lt;br /&gt;
The shear connectors shall be designed for fatigue and checked for ultimate strength (AASHTO Article 10.38.5.1).&lt;br /&gt;
&lt;br /&gt;
&amp;lt;u&amp;gt;Step 1:&amp;lt;/u&amp;gt;&lt;br /&gt;
&lt;br /&gt;
Compute Vr, the range of shear in kips, from the structural analysis, due to live loads and impact, for entire span.  &lt;br /&gt;
&lt;br /&gt;
At any section, the range of shear shall be taken as the difference in the minimum and maximum shear envelopes (excluding dead loads).&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&amp;lt;u&amp;gt;Step 2:&amp;lt;/u&amp;gt;&lt;br /&gt;
&lt;br /&gt;
Use the average Vr per span, for the section of the span that is assumed to act compositely (from end of span to point of contraflexure for end spans, or from point of contraflexure to point of contraflexure for int. spans).&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&amp;lt;u&amp;gt;Step 3:&amp;lt;/u&amp;gt;&lt;br /&gt;
&lt;br /&gt;
Using the average Vr from step 2, compute the range of horizontal shear load per linear inch, Sr in kips per inch, at the junction of the slab and stringer from the following equation:&lt;br /&gt;
&lt;br /&gt;
&amp;lt;math&amp;gt;\,  \ Sr = \frac{VrQ}{I}&amp;lt;/math&amp;gt;   &lt;br /&gt;
&lt;br /&gt;
(AASHTO Article 10.38.5.1.1 Eq. 10-58)&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
where:&lt;br /&gt;
&lt;br /&gt;
&amp;lt;math&amp;gt;\,  Q &amp;lt;/math&amp;gt; = static moment of the transformed compressive concrete area about the neutral axis of the composite section, in cubic inches (*);&lt;br /&gt;
&lt;br /&gt;
&amp;lt;math&amp;gt;\,  I &amp;lt;/math&amp;gt; = moment of inertia of the transformed composite girder in positive moment regions in inches to the fourth power (*).&lt;br /&gt;
&lt;br /&gt;
(*) In the formula, the compressive concrete area is transformed into an equivalent area of steel by dividing the effective concrete flange width by the modular ratio n=8.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&amp;lt;u&amp;gt;Step 4:&amp;lt;/u&amp;gt;&lt;br /&gt;
&lt;br /&gt;
Compute the allowable range of horizontal shear, Zr, in pounds on an individual connector, welded stud, by use of the following formula:&lt;br /&gt;
&lt;br /&gt;
&amp;lt;math&amp;gt;\,  Zr = \alpha \ d^2 &amp;lt;/math&amp;gt;&lt;br /&gt;
&lt;br /&gt;
where:&lt;br /&gt;
&lt;br /&gt;
&amp;lt;math&amp;gt;\,  \frac{H}{d} \ge 4&amp;lt;/math&amp;gt;&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&amp;lt;math&amp;gt;\,  H &amp;lt;/math&amp;gt; =height of stud in inches;&lt;br /&gt;
&lt;br /&gt;
&amp;lt;math&amp;gt;\,  d &amp;lt;/math&amp;gt; =diameter of stud in inches;&lt;br /&gt;
&lt;br /&gt;
&amp;lt;math&amp;gt;\,  \alpha &amp;lt;/math&amp;gt; =13,000 for 100,000 cycles&lt;br /&gt;
&lt;br /&gt;
:10,600 for 500,000 cycles&lt;br /&gt;
&lt;br /&gt;
:7,850 for 2,000,000 cycles&lt;br /&gt;
&lt;br /&gt;
:5,500 for over 2,000,000 cycles.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&amp;lt;u&amp;gt;Step 5:&amp;lt;/u&amp;gt;&lt;br /&gt;
&lt;br /&gt;
Compute the number of additional connectors required at point of contraflexure, N , from the following formula:&lt;br /&gt;
&lt;br /&gt;
Pitch = &amp;lt;math&amp;gt;\, \frac{\sum Z_r}{S_r}&amp;lt;/math&amp;gt;&lt;br /&gt;
&lt;br /&gt;
Where:&lt;br /&gt;
Pitch = required pitch, in inches;&lt;br /&gt;
&lt;br /&gt;
&amp;lt;math&amp;gt;\,  \sum Z_r&amp;lt;/math&amp;gt; = the resistance of all connectors at one (1) transverse girder cross-section as a shear connector unit.&lt;br /&gt;
&lt;br /&gt;
Note:&lt;br /&gt;
&lt;br /&gt;
The pitch is to be constant and spaced in the composite section (round to the nearest inch).&lt;br /&gt;
&lt;br /&gt;
&amp;lt;u&amp;gt;Step 6:&amp;lt;/u&amp;gt;&lt;br /&gt;
&lt;br /&gt;
Compute the required pitch of the shear connector units, pitch by the following formula:&lt;br /&gt;
&lt;br /&gt;
&amp;lt;math&amp;gt;\, N_c = \frac{{A_r}^2 f_r}{Z_r}&amp;lt;/math&amp;gt;&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
(AASHTO Article 10.38.5.1.1 Eq. 10-69)&lt;br /&gt;
&lt;br /&gt;
where:&lt;br /&gt;
&lt;br /&gt;
&amp;lt;math&amp;gt;\,  N_c&amp;lt;/math&amp;gt; = number of additional connectors required at the point of contraflexure;&lt;br /&gt;
&lt;br /&gt;
&amp;lt;math&amp;gt;\,  {A_r}^s &amp;lt;/math&amp;gt; = total area of longitudinal slab reinforcing steel for each girder over interior support;&lt;br /&gt;
&lt;br /&gt;
&amp;lt;math&amp;gt;\,  f_r&amp;lt;/math&amp;gt; = range of stress due to live load plus impact, in the slab reinforcement over the support (in lieu of more accurate computations, f may be taken as equal to 10,000 psi);&lt;br /&gt;
&lt;br /&gt;
&amp;lt;math&amp;gt;\,  Z_r&amp;lt;/math&amp;gt; = the allowable range of horizontal shear on an individual connector.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
This number of additional connectors, N , shall be placed adjacent to the point of dead load contraflexure within a distance equal to 1/3 of the effective slab width, if it is possible. If it is impossible, use minimum pitch of 6&amp;quot;.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&amp;lt;u&amp;gt;Step 7: Check connectors for ultimate strength&amp;lt;/u&amp;gt;&lt;br /&gt;
&lt;br /&gt;
The number of connectors provided for fatigue must be checked to ensure that adequate connectors are provided for ultimate strength.  &lt;br /&gt;
&lt;br /&gt;
To check for ultimate strength, proceed as follows:&lt;br /&gt;
&lt;br /&gt;
(1) Compute the force in the slab (P), which is defined as: at the point of maximum positive moment, the force in the slab is taken as the smaller value of the following two formulae:&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&amp;lt;math&amp;gt;\, P_1 = A_s F_y&amp;lt;/math&amp;gt;   (AASHTO Article 10.38.5.1.2 Eq. 10-62)&lt;br /&gt;
&lt;br /&gt;
or&lt;br /&gt;
&lt;br /&gt;
&amp;lt;math&amp;gt;\, P_2 = 0.85 f&#039;_{c}b{t_s}&amp;lt;/math&amp;gt;   (AASHTO Article 10.38.5.1.2 Eq. 10-63)&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
Where:&lt;br /&gt;
&lt;br /&gt;
&amp;lt;math&amp;gt;\, A_s&amp;lt;/math&amp;gt; = total area of the steel section including cover plates (if used);&lt;br /&gt;
&lt;br /&gt;
&amp;lt;math&amp;gt;\, F_y&amp;lt;/math&amp;gt; = specified minimum yield point of the steel being used;&lt;br /&gt;
&lt;br /&gt;
&amp;lt;math&amp;gt;\, f&#039;_c&amp;lt;/math&amp;gt; = compressive strength of concrete at age of 28 days;&lt;br /&gt;
&lt;br /&gt;
&amp;lt;math&amp;gt;\, b&amp;lt;/math&amp;gt; = effective flange width given in AASHTO Article 10.38.3;&lt;br /&gt;
&lt;br /&gt;
&amp;lt;math&amp;gt;\, t_s&amp;lt;/math&amp;gt; = thickness of concrete slab.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
Note:&lt;br /&gt;
&lt;br /&gt;
If it becomes impractical to place the number of shear connectors required by ultimate strength in the specified distance (structures with span ratios greater than 1.5); base the number and spacing of shear connectors on the fatigue analysis only.&lt;br /&gt;
&lt;br /&gt;
Increase the haunch by 1/2&amp;quot;± more than what is required to make one size shear connector work for C.I.P. or S.I.P. option.&lt;br /&gt;
&lt;br /&gt;
===== 751.40.8.6.2.2 Shear Connector Spacing =====&lt;br /&gt;
&lt;br /&gt;
If it becomes impractical to place the number of shear connectors required by ultimate strength in the specified distance (structures with span ratios greater than 1.5); base the number and spacing of shear connectors on the fatigue analysis only.&lt;br /&gt;
&lt;br /&gt;
For a typical 3-spans bridge, the shear connector units can be approximately&lt;br /&gt;
arranged as below:&lt;br /&gt;
&lt;br /&gt;
[[Image:751.40 Widen and Repair Design Assumptions- Shear Connectors Spacing 2 2 1.gif]]&lt;br /&gt;
&lt;br /&gt;
==== 751.40.8.6.3 Details ====&lt;br /&gt;
=====751.40.8.6.3.1 Shear Connector Details =====&lt;br /&gt;
&lt;br /&gt;
Use precast prestressed panels on all tangent steel structures.  Evaluate the viability of the use of P/S panels on curved structures on a case by case basis and use or include as an option to a CIP slab where deemed appropriate.&lt;br /&gt;
&lt;br /&gt;
Whenever panels are used, the minimum top flange width shall be 12&amp;quot; for Plate Girders and 10&amp;quot; for Wide Flange Beams.&lt;br /&gt;
&lt;br /&gt;
Steel girders shall be cambered when using P/S Panels. Minimum joint filler thickness is 3/4&amp;quot;, except over splice plates, in which case use 1/4&amp;quot; minimum. Maximum joint filler thickness is 2&amp;quot;.&lt;br /&gt;
&lt;br /&gt;
Shear connectors shall have a minimum height equal to the top of panel.&lt;br /&gt;
&lt;br /&gt;
Shear connectors shall be spaced by units and shear connectors in each unit shall be placed along &amp;lt;math&amp;gt;\, C_{\!\!\!\!L}&amp;lt;/math&amp;gt; of girder. On wide flange widths, two lines of connectors may be used if spacings and clearances allow.&lt;br /&gt;
&lt;br /&gt;
Additional shear connectors, Nc, at point of contraflexure may be placed in units normal to &amp;lt;math&amp;gt;\, C_{\!\!\!\!L}&amp;lt;/math&amp;gt; girder as space allows or in a single row along &amp;lt;math&amp;gt;\, C_{\!\!\!\!L}&amp;lt;/math&amp;gt; girder as shown below:&lt;br /&gt;
&lt;br /&gt;
&amp;lt;center&amp;gt;&lt;br /&gt;
[[Image:751.40 Widen and Repair Design Assumptions- PCP on Steel Shear Connector.gif]]&lt;br /&gt;
&amp;lt;/center&amp;gt;&lt;br /&gt;
&lt;br /&gt;
P/S strands shall extend 3&amp;quot; minimum and 6&amp;quot; maximum past edge of precast prestressed panel and not closer than 1&amp;quot; to the adjacent panels.&lt;br /&gt;
&lt;br /&gt;
Panel end at splices shall be notched to avoid bolt heads as shown below:&lt;br /&gt;
&amp;lt;center&amp;gt;&lt;br /&gt;
[[Image:751.40 Widen and Repair Design Assumptions- PCP on Steel Shear Connector- B.gif]]&lt;br /&gt;
&amp;lt;/center&amp;gt;&lt;br /&gt;
&lt;br /&gt;
[[Image:751.40 circled 1.gif]] 3/4&amp;quot; min. wide bearing edge for panel at splice, typ. (*)&lt;br /&gt;
&lt;br /&gt;
[[Image:751.40 circled 2.gif]] 1-1/4&amp;quot; min. (Typ.)&lt;br /&gt;
&lt;br /&gt;
[[Image:751.40 circled 3.gif]] 4 x (Stud diameter) preferred minimum, may be reduced if necessary for a more economical design; 2-1/4&amp;quot; absolute minimum.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
(*) In order to meet [[Image:751.40 circled 1.gif]] and [[Image:751.40 circled 2.gif]] above, it is necessary to have an edge bolt distance of 2&amp;quot; or greater for splice plate. For unusual cases, which would require field splices for flange widths 14&amp;quot; or 15&amp;quot; for P/S precast panel option, it will be necessary to change the top flange width to either 13&amp;quot; or 16&amp;quot; of equal area to maintain the 3/4&amp;quot; minimum panel bearing edge on the splice plates.&lt;br /&gt;
&lt;br /&gt;
Minimum joint filler thickness is 3/4&amp;quot; except over splice plates in which case use 1/4&amp;quot; minimum. When joint filler is less than 1/2&amp;quot; thick over splice plate, make the width of joint filler at splice the same width as panel on splice (maximum 1-1/2&amp;quot; wide).&lt;br /&gt;
&lt;br /&gt;
Maximum difference in top of flange thickness should be checked so that joint filler thickness does not exceed 2&amp;quot;.&lt;br /&gt;
&lt;br /&gt;
===== 751.40.8.6.3.2 Deflection =====&lt;br /&gt;
&lt;br /&gt;
Allowable Live Load Deflection&lt;br /&gt;
&lt;br /&gt;
{|&lt;br /&gt;
|-&lt;br /&gt;
|1.||Composite Design:||Defl.||= 1/1000 of span;&lt;br /&gt;
|-&lt;br /&gt;
|2.||Non-composite Design:||Defl.||= 1/800 of span&lt;br /&gt;
|-&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
:Where:&lt;br /&gt;
&lt;br /&gt;
:Defl. = allowable deflection due to service live load plus impact.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
Dead Load Deflection&lt;br /&gt;
Compute at 1/4 point for bridge with spans less than 75’, at 1/10 points for spans 75’ and over.&lt;br /&gt;
&lt;br /&gt;
=== 751.40.8.7 Wide Flange Beam Spans ===&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
==== 751.40.8.7.1 Design ====&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
===== 751.40.8.7.1.1 Design Data =====&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Slabs&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
{|&lt;br /&gt;
|width=&amp;quot;150pt&amp;quot;|Reinforcing Steel||&amp;lt;math&amp;gt;\, f_y&amp;lt;/math&amp;gt;||= 60,000 psi&lt;br /&gt;
|-&lt;br /&gt;
|width=&amp;quot;150pt&amp;quot;|Concrete||&amp;lt;math&amp;gt;\, f_c&amp;lt;/math&amp;gt;||= 1,600 psi|| &amp;amp;nbsp;||&amp;lt;math&amp;gt;\, f&#039;_c&amp;lt;/math&amp;gt;||= 4,000 psi&lt;br /&gt;
|-&lt;br /&gt;
| &amp;amp;nbsp;||&amp;lt;math&amp;gt;\, n&amp;lt;/math&amp;gt;||= 8&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Simple Design Span&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
Design Span = Center to Center of Bearings.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Dead Load&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Live Load Distribution Factors&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
See [[#751.40.8.2.2 Distribution of Live Load|EPG 751.40.8.2.2 Distribution of Live Load]]&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Live Load Deflection Allowable&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
{|&lt;br /&gt;
|width=&amp;quot;150pt&amp;quot;|Composite||&amp;lt;math&amp;gt;\, \frac {L}{1000}&amp;lt;/math&amp;gt;&lt;br /&gt;
|-&lt;br /&gt;
|width=&amp;quot;150pt&amp;quot;|Non-Composite||&amp;lt;math&amp;gt;\, \frac {L}{800}&amp;lt;/math&amp;gt;&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Live Load Reaction&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
Live Load &amp;lt;math&amp;gt;\, (LL) /&amp;lt;/math&amp;gt; Wheel Line &amp;lt;math&amp;gt;\, (WL)&amp;lt;/math&amp;gt; is the Live Load Reaction per Wheel Line, no distribution, no impact; Maximim Live Load &amp;lt;math&amp;gt;\, (LL) +&amp;lt;/math&amp;gt; Impact &amp;lt;math&amp;gt;\, (I)&amp;lt;/math&amp;gt; is the Live Load Reaction x Distribution Factor = Impact.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&amp;lt;center&amp;gt;[[Image:751.40 wf bm spans-truck loading.gif|500px]]&amp;lt;/center&amp;gt;&lt;br /&gt;
&lt;br /&gt;
&amp;lt;center&amp;gt;&#039;&#039;&#039;Truck Loading&#039;&#039;&#039;&amp;lt;/center&amp;gt;&lt;br /&gt;
&lt;br /&gt;
&amp;lt;center&amp;gt;(Governs thru 33&#039; simple spans for H20 and all simple spans for HS20)&amp;lt;/center&amp;gt;&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&amp;lt;center&amp;gt;[[Image:751.40 wf bm spans-lane loading1.gif|500px]]&amp;lt;/center&amp;gt;&lt;br /&gt;
&lt;br /&gt;
&amp;lt;center&amp;gt;&#039;&#039;&#039;Lane Loading&#039;&#039;&#039;&amp;lt;/center&amp;gt;&lt;br /&gt;
&lt;br /&gt;
&amp;lt;center&amp;gt;(Governs for simple soabs 35&#039; and over for H20)&amp;lt;/center&amp;gt;&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Typical Continuous Steel Structures - Integral End Bents:&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
&amp;lt;center&amp;gt;[[Image:751.40 wf bm spans-structure length.gif|600px]]&amp;lt;/center&amp;gt;&lt;br /&gt;
&lt;br /&gt;
&amp;lt;center&amp;gt;(*) Maximum length for End Bent to end Bent - 500 feet.&amp;lt;/center&amp;gt;&lt;br /&gt;
&lt;br /&gt;
===== 751.40.8.7.1.2 Stringer Design =====&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Stresses:&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
{|&lt;br /&gt;
|-&lt;br /&gt;
|width=&amp;quot;50pt&amp;quot;|Steel:||colspan=&amp;quot;2&amp;quot;|AASHTO - Article 10.2, 10.32&lt;br /&gt;
|-&lt;br /&gt;
| &amp;amp;nbsp;||width=&amp;quot;100pt&amp;quot;|ASTM A709 Grade 36||width=&amp;quot;125pt&amp;quot;|&amp;lt;math&amp;gt;\, f_y&amp;lt;/math&amp;gt; = 36,000 psi ||width=&amp;quot;125pt&amp;quot;|( &amp;lt;math&amp;gt;\, f_s&amp;lt;/math&amp;gt; = 20,000 psi)&lt;br /&gt;
|-&lt;br /&gt;
| &amp;amp;nbsp;||width=&amp;quot;100pt&amp;quot;|ASTM A709 Grade 50 &amp;amp; Grade 50W||width=&amp;quot;125pt&amp;quot;|&amp;lt;math&amp;gt;\, f_y&amp;lt;/math&amp;gt; = 50,000 psi ||width=&amp;quot;125pt&amp;quot;|( &amp;lt;math&amp;gt;\, f_s&amp;lt;/math&amp;gt; = 27,000 psi)&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
{|&lt;br /&gt;
|-&lt;br /&gt;
|width=&amp;quot;175pt&amp;quot;|Superstructure Concrete:||&amp;lt;math&amp;gt;\, f_c&amp;lt;/math&amp;gt;||= 1,600 psi&lt;br /&gt;
|-&lt;br /&gt;
|width=&amp;quot;175pt&amp;quot;| &amp;amp;nbsp;||&amp;lt;math&amp;gt;\, f&#039;_c&amp;lt;/math&amp;gt;||= 4,000 psi&lt;br /&gt;
|-&lt;br /&gt;
|width=&amp;quot;175pt&amp;quot;| &amp;amp;nbsp;||&amp;lt;math&amp;gt;\, n&amp;lt;/math&amp;gt;||= 8&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
{|&lt;br /&gt;
|-&lt;br /&gt;
|width=&amp;quot;125pt&amp;quot;|Reinforcing Steel:||&amp;lt;math&amp;gt;\, f_y&amp;lt;/math&amp;gt;||= 60,000 psi&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Physical Properties of Spans&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
:Composite Design - See [[#751.40.8.6 Composite Design|Widening and Repair - Composite Design]].&lt;br /&gt;
&lt;br /&gt;
:Non-Composite Design - Use &amp;quot;Constant I&amp;quot; analysis.&lt;br /&gt;
&lt;br /&gt;
When the neutral axis of a composite section falls in the concrete fange, the section shall be designed as Non-Composite (21&amp;quot; Wide Flange is the smallest beam generaly made conposite).&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Deflection&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
:{|&lt;br /&gt;
|width=&amp;quot;150pt&amp;quot;|Live Load Deflection:||width=&amp;quot;300pt&amp;quot;|AASHTO - Article 10.6&lt;br /&gt;
|-&lt;br /&gt;
| &amp;amp;nbsp;||width=&amp;quot;300pt&amp;quot;|Composite - Allowable Deflection L/1000&lt;br /&gt;
|-&lt;br /&gt;
| &amp;amp;nbsp;||width=&amp;quot;300pt&amp;quot;|Non-Composite - Allowable Deflection l/800&lt;br /&gt;
|-&lt;br /&gt;
|valign=&amp;quot;top&amp;quot;|Dead Load Deflection:||width=&amp;quot;300pt&amp;quot;|Compute at 1/4 points for bridges with spans less than 75&#039;, at 1/10 points for spans 75&#039; and over. Give percentage of deflection due to weight of structural steel.&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Fatigue Stress&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
AASHTO - Article 10.3 Case I, Case II or Case III (as specified on Bridge Memorandum generally within the following limitations).&lt;br /&gt;
&lt;br /&gt;
:{|&lt;br /&gt;
|align=&amp;quot;right&amp;quot; valign=&amp;quot;top&amp;quot;|Case I:||width=&amp;quot;500pt&amp;quot;|Bridges with the &#039;&#039;&#039;TRUCK&#039;&#039;&#039; traffic count of 2500 or more vehicles per day (one direction).&lt;br /&gt;
|-&lt;br /&gt;
|align=&amp;quot;right&amp;quot; valign=&amp;quot;top&amp;quot;|Case II:||width=&amp;quot;500pt&amp;quot;|Bridges with traffic count of 750 or more vehicles per day, and less than 2500 &#039;&#039;&#039;TRUCK&#039;&#039;&#039; traffic count (one direction) per day.&lt;br /&gt;
|-&lt;br /&gt;
|align=&amp;quot;right&amp;quot; valign=&amp;quot;top&amp;quot;|Case III:||width=&amp;quot;500pt&amp;quot;|Bridges with traffic count of less than 750 vehicles per day, except when Live Loading is H20 or greater.&lt;br /&gt;
|-&lt;br /&gt;
|align=&amp;quot;right&amp;quot; valing=&amp;quot;top&amp;quot;|No Fatigue:||width=&amp;quot;500pt&amp;quot;|Bridges with traffic of less than 75 vehicles per day.&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Economic Comparison&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
When comparing cost of low-alloy steels (A-572, Gr.-50, and A-588) to the cost of A-36 steel, the low-alloy steels shall be figured a t 3 1/2 cents for A-572, Gr.-50 and 5 1/4 cents for A-588 per pound more than A-36 steel. Cost comparisions will be based on current average bid prices that may be obtained from the CHIEF DESIGNER, for comparable bridges.&lt;br /&gt;
&lt;br /&gt;
No overstressed will be permitted in the design.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Total Capacity of Exterior Griders&#039;&#039;&#039; (Dead Load and Live Load)&lt;br /&gt;
&lt;br /&gt;
In no case shall an exterior stringer have less carrying capacity than an interior stringer.&lt;br /&gt;
&lt;br /&gt;
===== 751.40.8.7.1.3 Flange Plate Lengths =====&lt;br /&gt;
&lt;br /&gt;
{|border=&amp;quot;0&amp;quot; cellpadding=&amp;quot;5&amp;quot; cellspacing=&amp;quot;1&amp;quot; align=&amp;quot;center&amp;quot; style=&amp;quot;text-align:center&amp;quot;&lt;br /&gt;
|-&lt;br /&gt;
|colspan=&amp;quot;2&amp;quot;|[[Image:751.40 wf bm spans-flange plates-details of flange plates at int bents1.gif]]&lt;br /&gt;
|-&lt;br /&gt;
!width=&amp;quot;50%&amp;quot;|Top Flange||width=&amp;quot;50%&amp;quot;|Bottom Flange&lt;br /&gt;
|-&lt;br /&gt;
!colspan=&amp;quot;2&amp;quot;|Details of Flange Plates at Intermediate Bents&lt;br /&gt;
|-&lt;br /&gt;
|colspan=&amp;quot;2&amp;quot;| &amp;amp;nbsp;&lt;br /&gt;
|-&lt;br /&gt;
|colspan=&amp;quot;2&amp;quot;|[[Image:751.40 wf bm spans-flange plates-details of flange plates at int bents2.gif]]&lt;br /&gt;
|-&lt;br /&gt;
!colspan=&amp;quot;2&amp;quot;|Details of Flange Plates at Intermediate Bents&amp;lt;br/&amp;gt;(Top and Bottom Flanges)&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
Allowable flange plate sizes are as shown with the section properties. Different plate sizes may be used on adjacent stringers.&lt;br /&gt;
&lt;br /&gt;
Lengths to be shown on the bridge plans are those required as follows:&lt;br /&gt;
:Lengths each side of the bearing shall be the larger of:&lt;br /&gt;
#Theoretical End + Terminal Distance (***) or&lt;br /&gt;
#Point where the stress range (tension or reversal) in the beam flange is equal to or less than allowable fatigue stess range (Cat. E or E&#039;) or where the beam flange is in compression, whichever is smaller.&lt;br /&gt;
#*Use Cat. E when the flange is less than or equal to 0.8 inch thick.&lt;br /&gt;
#*Use Cat. E&#039; when the flange is greater than 0.8 inch thick.&lt;br /&gt;
&lt;br /&gt;
(***) Where the theoretical end = the point where the flange stress without cover plate less than or equal to base allowable stress.  Terminal distance = 1 1/2 times nominal cover plate width.&lt;br /&gt;
&lt;br /&gt;
The total length of the cover plate greater than or equal to (2D + 3&#039;-0&amp;quot;). Where &amp;quot;D&amp;quot; = Depth of beam in feet.&lt;br /&gt;
&lt;br /&gt;
When required lengths of plates vary by 12&amp;quot; or less on adjacent stringers or on each side of the centerline stiffener plate, use greater length for all such positions.&lt;br /&gt;
&lt;br /&gt;
Plate lengths taken form the computer programs should be rouned up to at least the nearest 6&amp;quot;.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
===751.40.8.8 Welded Plate Girders===&lt;br /&gt;
&lt;br /&gt;
====751.40.8.8.1 Design====&lt;br /&gt;
&lt;br /&gt;
=====751.40.8.8.1.1 Design Assumptions &amp;amp; Procedures=====&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Design Unit Stresses&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
{|&lt;br /&gt;
|Reinforcement Concrete&lt;br /&gt;
|-&lt;br /&gt;
|width=&amp;quot;300pt&amp;quot;|Reinforcing Steel (Grade 60)||width=&amp;quot;110pt&amp;quot;| &amp;lt;math&amp;gt;\, f_s&amp;lt;/math&amp;gt; = 24,000 psi,|| &amp;lt;math&amp;gt;\, f_y&amp;lt;/math&amp;gt; = 60,000 psi&lt;br /&gt;
|-&lt;br /&gt;
|Class B2 Concrete (Superstructure)||width=&amp;quot;110pt&amp;quot;| &amp;lt;math&amp;gt;\, f_c&amp;lt;/math&amp;gt; = 1,600 psi,||  &amp;lt;math&amp;gt;\, f&#039;_c&amp;lt;/math&amp;gt; = 4,000 psi&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
{|&lt;br /&gt;
|Structural Steel:&lt;br /&gt;
|-&lt;br /&gt;
|width=&amp;quot;300pt&amp;quot;|Structural Carbon Steel (ASTM A709 Grade 36)||width=&amp;quot;110pt&amp;quot;|  &amp;lt;math&amp;gt;\, f_s&amp;lt;/math&amp;gt; = 20,000 psi,||   &amp;lt;math&amp;gt;\, f_y&amp;lt;/math&amp;gt; = 36,000 psi&lt;br /&gt;
|-&lt;br /&gt;
|Structural Steel (ASTM A709 Grade 50)||width=&amp;quot;110pt&amp;quot;| &amp;lt;math&amp;gt;\, f_s&amp;lt;/math&amp;gt; = 27,000 psi,||   &amp;lt;math&amp;gt;\, f_y&amp;lt;/math&amp;gt; = 50,000 psi&lt;br /&gt;
|-&lt;br /&gt;
|Structural Steel (ASTM A709 Grade 50W)||width=&amp;quot;110pt&amp;quot;| &amp;lt;math&amp;gt;\, f_s&amp;lt;/math&amp;gt; = 27,000 psi,||   &amp;lt;math&amp;gt;\, f_y&amp;lt;/math&amp;gt; = 50,000 psi&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Design Procedure:&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
Moments and shears by &amp;quot;Variable &#039;&#039;&#039;I&#039;&#039;&#039;&amp;quot; analysis:&lt;br /&gt;
::use computer program.&lt;br /&gt;
&lt;br /&gt;
Trial sections from &amp;quot;Preliminary analysis&amp;quot;:&lt;br /&gt;
::Combination of web depth, flanges and length of plates used shall be the most economical section available with depths compatible with vertical clearance requirements.  Web depths in 6&amp;quot; increments are preferred, however other increments may be used when required by the Bridge Memorandum.  (See Structural Project Manager)&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Flanges:&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
Minimum flange dimensions = 3/4&amp;quot; x 12&amp;quot; (*).&lt;br /&gt;
&lt;br /&gt;
Increments:&lt;br /&gt;
&lt;br /&gt;
:Thickness 1/8&amp;quot;&lt;br /&gt;
&lt;br /&gt;
:Width 1&amp;quot;&lt;br /&gt;
&lt;br /&gt;
Maximum flange dimensions:&lt;br /&gt;
&lt;br /&gt;
:Reference AASHTO - Table 10.32.1A)&lt;br /&gt;
&lt;br /&gt;
:maximum thickness = 4&amp;quot;&lt;br /&gt;
&lt;br /&gt;
Note:&lt;br /&gt;
It is preferred office practice to maintain the same flange thickness at as many locations as practical. This can be accomplished by varying the flange width.&lt;br /&gt;
&lt;br /&gt;
(*) For shipping and erection purposes, minimum width of both compression and tension flanges shall not be less than L/85 where L is the shipping length of the girder. This limitation is for&lt;br /&gt;
preventing out-of-plane distortion of the girder.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Webs:&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
Web dimensions:&lt;br /&gt;
&lt;br /&gt;
:(Reference AASHTO - Article 10.34 &amp;amp; 10.48)&lt;br /&gt;
&lt;br /&gt;
:ASTM A709 Grade 36 = 3/8&amp;quot; minimum thickness for curved girders and for continuous straight girders.&lt;br /&gt;
&lt;br /&gt;
:ASTM A709 Grade 50W = 3/8&amp;quot; minimum thickness.&lt;br /&gt;
&lt;br /&gt;
:AASHTO - Article 10.3 Case I, Case II or Case III.&lt;br /&gt;
&lt;br /&gt;
:Case I&lt;br /&gt;
&lt;br /&gt;
::Bridges with the truck traffic count of 2500 or more vehicles per day. (One direction)&lt;br /&gt;
&lt;br /&gt;
:Case II&lt;br /&gt;
&lt;br /&gt;
::Bridges with traffic count of 750 or more vehicles per day, and less than 2500 truck traffic count (One direction) per day.&lt;br /&gt;
&lt;br /&gt;
:Case III&lt;br /&gt;
&lt;br /&gt;
::Bridges with traffic count of less than 750 vehicles per day, except when live loading is H20 or greater.&lt;br /&gt;
&lt;br /&gt;
:No Fatigue:&lt;br /&gt;
&lt;br /&gt;
::Bridges with traffic count of less than 75 vehicles per day.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Total Capacity of Exterior Girders:&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;(Dead Load and Live Load)&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
:In no case shall an exterior girder have less carrying capacity than an interior girder.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Horizontal Curved Girders Design Procedures (*)&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
Curved plate girders are to be designed using load factor design criteria. The 1980 AASHTO Guide Specifications for Horizontally Curved Highway Bridges as revised by Interim Specifications for Bridges 1981, 1982, 1984, 1985 and 1986 is to be applied with the USS Highway Structure Design Handbook (\) V-Load method to be used as a working example.&lt;br /&gt;
&lt;br /&gt;
The following procedure may be followed to determine the required cross-section for any system of curved girders with skews less than 46°.&lt;br /&gt;
&lt;br /&gt;
1. Determine the primary moments by the same procedures as for a system of straight girders, using the developed lengths of the curved girders.&lt;br /&gt;
&lt;br /&gt;
&amp;lt;div id=&amp;quot;2. From primary moments, compute shear loads&amp;quot;&amp;gt;&amp;lt;/div&amp;gt;&lt;br /&gt;
&lt;br /&gt;
2. From primary moments, compute shear loads, &amp;lt;math&amp;gt;\, V&amp;lt;/math&amp;gt;, using the formula:&lt;br /&gt;
&amp;lt;center&amp;gt;&lt;br /&gt;
{|&lt;br /&gt;
|-&lt;br /&gt;
|width= &amp;quot;300&amp;quot;|&amp;lt;math&amp;gt;\, V = \frac{\sum M}{Coeff. * K}&amp;lt;/math&amp;gt;||style=&amp;quot;text-align:left&amp;quot;|&amp;lt;math&amp;gt;\, V&amp;lt;/math&amp;gt; = Shear loads.&amp;lt;br&amp;gt;M = Primary moments.&lt;br /&gt;
|-&lt;br /&gt;
|&amp;lt;math&amp;gt;\, K = \frac{RD}{d}&amp;lt;/math&amp;gt;||style=&amp;quot;text-align:left&amp;quot;|&amp;lt;math&amp;gt;\, R&amp;lt;/math&amp;gt; = Radius of curvature (outside girder).&amp;lt;br&amp;gt;&amp;lt;math&amp;gt;\, D&amp;lt;/math&amp;gt; = Radial distance between inside and outside girders.&amp;lt;br&amp;gt;&amp;lt;math&amp;gt;\, d&amp;lt;/math&amp;gt; = Distance between diaphragms measured along axis of outside girder.&lt;br /&gt;
|-&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
&amp;lt;/center&amp;gt;&lt;br /&gt;
The following coefficients may be applied to &#039;&#039;&#039;&amp;quot;&#039;&#039;&#039;&amp;lt;math&amp;gt;\, K&amp;lt;/math&amp;gt;&#039;&#039;&#039;&amp;quot;&#039;&#039;&#039; for the various multiple-girder systems with equal spacing between girders.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&amp;lt;center&amp;gt;&lt;br /&gt;
{|border=&amp;quot;1&amp;quot; cellspacing=&amp;quot;1&amp;quot; cellpadding=&amp;quot;1&amp;quot;&lt;br /&gt;
|-&lt;br /&gt;
|width=&amp;quot;100&amp;quot;|SYSTEM||width=&amp;quot;100&amp;quot;|COEFFICIENT&amp;lt;br&amp;gt;FRACTION||width=&amp;quot;100&amp;quot;|COEFFICIENT&amp;lt;br&amp;gt;DECIMAL &lt;br /&gt;
|-&lt;br /&gt;
|2 girders ||1|| 1.00&lt;br /&gt;
|-&lt;br /&gt;
|3 girders ||1||1.00&lt;br /&gt;
|-&lt;br /&gt;
|4 girders ||10/9||1.11&lt;br /&gt;
|-&lt;br /&gt;
|5 girders ||5/4||1.25&lt;br /&gt;
|-&lt;br /&gt;
|6 girders ||7/5||1.40&lt;br /&gt;
|-&lt;br /&gt;
|7 girders || 14/9||1.56&lt;br /&gt;
|-&lt;br /&gt;
|8 girders ||12/7|| 1.72&lt;br /&gt;
|-&lt;br /&gt;
|9 girders ||15/8  ||  1.88&lt;br /&gt;
|-&lt;br /&gt;
|10 girders ||165/81  ||  2.04&lt;br /&gt;
|-&lt;br /&gt;
|}&lt;br /&gt;
&amp;lt;/center&amp;gt;&lt;br /&gt;
&lt;br /&gt;
3. Compute &amp;lt;math&amp;gt;\, V-Load&amp;lt;/math&amp;gt; moments&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
*  Reference:  USS &amp;quot;Highway Structures Design Handbook&amp;quot; 1965 Edition.  (Updated 1986 Volume II Section 6) developed by Richardson, Gordon and Associates in cooperation with Dr. John Scalzi is to be used as a working example.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
4. Compute lateral bending moments using the approximate formula:&lt;br /&gt;
&lt;br /&gt;
{|&lt;br /&gt;
|-&lt;br /&gt;
|width=&amp;quot;150&amp;quot;|&amp;lt;math&amp;gt;\, M_L = \frac{Hd}{10} = \frac{Md^2}{10Rh}&amp;lt;/math&amp;gt;||width=&amp;quot;150&amp;quot;|&amp;amp;nbsp;||&amp;lt;math&amp;gt;\, ML &amp;lt;/math&amp;gt; = Lateral bending moment&lt;br /&gt;
|-&lt;br /&gt;
|&amp;amp;nbsp;||&amp;amp;nbsp;||&amp;lt;math&amp;gt;\, H &amp;lt;/math&amp;gt; = The &amp;lt;math&amp;gt;\, H&amp;lt;/math&amp;gt; values are approximately equal to the reactions at the supports.&lt;br /&gt;
|-&lt;br /&gt;
|&amp;amp;nbsp;||&amp;amp;nbsp;||&amp;lt;math&amp;gt;\, h &amp;lt;/math&amp;gt; = Depth of girder between centers of gravity of flanges.&lt;br /&gt;
|-&lt;br /&gt;
|&amp;amp;nbsp;||&amp;amp;nbsp;||&amp;lt;math&amp;gt;\, M &amp;lt;/math&amp;gt; = Primary moment + Secondary moment.&lt;br /&gt;
|-&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
&amp;lt;center&amp;gt;&lt;br /&gt;
[[Image:751.40 Widen and Repair Design Assumptions- Horizontally Curved Girders Design Procedure.gif]]&lt;br /&gt;
&amp;lt;/center&amp;gt;&lt;br /&gt;
&lt;br /&gt;
5. Determine cross-section required to provide for vertical and lateral forces computed under Items 1 to 4 inclusive.  As with any statically indeterminate system it is necessary to make an initial assumption of the required cross-sections and to repeat the calculations one or more times to obtain reasonable agreement between the assumed and required sections.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
6. The non-compact section requirement that &amp;lt;math&amp;gt;\, F_y &amp;gt; (f_b + f_w)&amp;lt;/math&amp;gt; is to be applied to all sections with the tension flange &amp;lt;math&amp;gt;\, F_y &amp;gt; (f_b + f_w)&amp;lt;/math&amp;gt; and the compression flange as &amp;lt;math&amp;gt;\, F_y (1-3 \lambda^2) &amp;gt; (f_b + f_w)&amp;lt;/math&amp;gt; to ensure conservative design.&lt;br /&gt;
&lt;br /&gt;
In computing &amp;lt;math&amp;gt;\, \lambda&amp;lt;/math&amp;gt;, use &amp;lt;math&amp;gt; \ell&amp;lt;/math&amp;gt; to be actual diaphragm spacing for compression and tension stresses.&lt;br /&gt;
&lt;br /&gt;
The value of &amp;lt;math&amp;gt;\, f_w&amp;lt;/math&amp;gt; is to be selected as plus or minus in the equations for &amp;lt;math&amp;gt;\, P_w&amp;lt;/math&amp;gt; to give the worst possible case.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Design and Detail Guides&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
1. Economic Arrangement of Spans and Depth-to-Spans Ratios&lt;br /&gt;
&lt;br /&gt;
Where there is flexibility in span arrangement, the same guides that apply to economic arrangement of straight girders are equally applicable to curved girders.  Similarly the rules used to establish depth-to-span ratios for straight girders usually will apply to curved girders.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
2. Spacing of Girders&lt;br /&gt;
&lt;br /&gt;
Spacing depends on the arrangements of diaphragms and bracing.  In general, however, it will be found that the most economical arrangement for straight girders will accord very well with the best arrangement for a system of curved girders.  The effect of curvature increases in proportion to the square of the span length and decreases in proportion to the radius of curvature and the spacing of girders.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
3. Arrangement and Spacing of Diaphragms&lt;br /&gt;
&lt;br /&gt;
The diaphragms shall be placed radially, with a maximum spacing of 15&#039;-0&amp;quot;.  In order to minimize lateral bending of the girder flanges, the flanges should be as wide as practical.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
Sway frame bracing is selected for curved girder system, by same methods as for straight girders.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
4. Effect of Lateral Bracing&lt;br /&gt;
&lt;br /&gt;
made in a similar manner as for straight bridges.  If lateral Provision for lateral loading on curved girders may be bracing is used in a system of curved girders, the forces resulting&lt;br /&gt;
from the radial components of flange stress may be carried partially or entirely by the bracing system; when both diaphragms and lateral bracing are used, radial reaction components may be divided between the two systems.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
5. Approximate Estimate of Curvature&lt;br /&gt;
&lt;br /&gt;
The following formula may be used in making preliminary approximations of the effect of curvature:&lt;br /&gt;
&lt;br /&gt;
{|&lt;br /&gt;
|-&lt;br /&gt;
|width=&amp;quot;400&amp;quot;|&amp;lt;math&amp;gt;\, P = 10.5 \times \frac{(1+r)(L&#039;)^2}{R_2D}&amp;lt;/math&amp;gt;||Note: For &amp;quot;r&amp;quot; refer to paragraph No. 7&lt;br /&gt;
|-&lt;br /&gt;
|&amp;lt;math&amp;gt;\, r = \frac{(R_1)^2}{(R_2)^2} \times \bigg( \frac {Inside \ girder \ loading)}{Outside \ girder \ loading} \bigg)&amp;lt;/math&amp;gt;||(*)&lt;br /&gt;
|-&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
{|&lt;br /&gt;
|-&lt;br /&gt;
|(*)||May be omiteed if supports are on radial lines.&lt;br /&gt;
|-&lt;br /&gt;
|&amp;lt;math&amp;gt;\,  P &amp;lt;/math&amp;gt;||% increase in positive moment due to effect of curvature.&lt;br /&gt;
|-&lt;br /&gt;
|&amp;lt;math&amp;gt;\,  R_2&amp;lt;/math&amp;gt;||Radius of inside girder.&lt;br /&gt;
|-&lt;br /&gt;
|&amp;lt;math&amp;gt;\,  R_1&amp;lt;/math&amp;gt;||Radius of outside girder.&lt;br /&gt;
|-&lt;br /&gt;
|&amp;lt;math&amp;gt;\,  L&#039;&amp;lt;/math&amp;gt;||Distance between points of contraflexure in any pisitive moment area.&lt;br /&gt;
|-&lt;br /&gt;
|&amp;lt;math&amp;gt;\,  D &amp;lt;/math&amp;gt;||Spacing between inside and outside girders.&lt;br /&gt;
|-&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
In the above form, the formula applies to a two-girder system, but it may be modified by reference to the table of coefficients for multiple-girder systems shown in [[#2. From primary moments, compute shear loads|Item #2. From primary moments, compute shear loads]].&lt;br /&gt;
&lt;br /&gt;
The formula applies particularly to positive moment, but for preliminary approximation it may be assumed that the curvature effect on negative moments will be about the same.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
6. Design of Diaphragms and Connections&lt;br /&gt;
&lt;br /&gt;
Where the degree of curvature is equal to or under 1&amp;amp;deg; - 30&#039; and when spans are equal to or under 75&#039;-0&amp;quot; in length, the diaphragm and connections shall be the same as for Bridges with straight girders.  Where the degree of curvature is over 1&amp;amp;deg;- 30&#039; to 3&amp;amp;deg; or with a span length of more than 75&#039;-0&amp;quot;, the diaphragm must be attached to the tension flange.  Where the degree of curvature is over 3&amp;amp;deg;, a special design will be required for connection of intermediate diaphragms to flanges.&lt;br /&gt;
&lt;br /&gt;
The maximum allowable diaphragm spacing is 15&#039;-0&amp;quot;, regardless of the amount of curvature, or span lengths.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
The following applies to those bridges where the special design is to be considered:&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
Since diaphragm moments due to effect of curvature are a function of the radial component of flange stress, they are directly proportional to the vertical bending moment in the girders.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
For exterior girders the moment in the diaphragm equals &amp;lt;math&amp;gt;\, M \times d/R&amp;lt;/math&amp;gt;, in which &amp;lt;math&amp;gt;\, M&amp;lt;/math&amp;gt; = vertical bending moment in girder for any particular condition of loading; &amp;lt;math&amp;gt;\, d&amp;lt;/math&amp;gt; = diaphragm spacing; &amp;lt;math&amp;gt;\, R&amp;lt;/math&amp;gt; = Radius of curvature of girder.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
For negative moment over the support, the &amp;lt;math&amp;gt;\, M&amp;lt;/math&amp;gt; value used in this equation should be the average moment between a point at the support and a point at the first adjacent diaphragm.  &lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
Diaphragm connections may be made directly to the flanges of the girders or through stiffeners, provided details are arranged to adequately transfer radial components of flange stress into the diaphragms.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
7. Supports positioned other than on radial lines.&lt;br /&gt;
&lt;br /&gt;
If field conditions permit, the most orderly arrangement for curved girders will be attained by placing the supports on radial lines.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
It may be necessary to treat each line of girders independently, first finding the direct loading moments and then correcting for curvature by applying the separate &amp;lt;math&amp;gt;\, V-loads&amp;lt;/math&amp;gt;.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
8. Transverse stiffeners&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
The maximum transverse stiffener spacing for curved plate girders is &amp;lt;math&amp;gt;\, D&amp;lt;/math&amp;gt;, the web height.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
Transverse stiffeners should be placed along the girder length only as far as required by design.&lt;br /&gt;
&lt;br /&gt;
The maximum spacing of the first transverse stiffener at the simple support end of a curved plate girder is &amp;lt;math&amp;gt;\, D/2&amp;lt;/math&amp;gt;.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
Reference: &lt;br /&gt;
:AASHTO - Article 10.5&lt;br /&gt;
:Limit radius of heat curved girders according to AASHTO Article 10.15.&lt;br /&gt;
&lt;br /&gt;
Where the distance between field splices of curved girders exceeds that given by the following formula, a special note shall be placed on the plans.&lt;br /&gt;
&lt;br /&gt;
{|&lt;br /&gt;
|-&lt;br /&gt;
|&amp;lt;math&amp;gt;\, L&amp;lt;/math&amp;gt; =||&amp;lt;math&amp;gt;\, \sqrt{\frac{0.667 \ x \ f_s \ x \ SM}{W}}&amp;lt;/math&amp;gt;||(*)&lt;br /&gt;
|-&lt;br /&gt;
|&amp;lt;math&amp;gt;\, L&amp;lt;/math&amp;gt; =||Allowable distance between field splices, in feet.&lt;br /&gt;
|-&lt;br /&gt;
|&amp;lt;math&amp;gt;\, f_s&amp;lt;/math&amp;gt; =||Allowable fs of flange steel, in psi. e.g. use 20,000 psi for Grade 36 steel.&lt;br /&gt;
|-&lt;br /&gt;
|&amp;lt;math&amp;gt;\, W&amp;lt;/math&amp;gt; =||Weight of girder (flanges and web), in pounds per foot.&lt;br /&gt;
|-&lt;br /&gt;
|&amp;lt;math&amp;gt;\, SM&amp;lt;/math&amp;gt; =||Section Modulus of girder about x-x axis as shown, in inches cubed.&lt;br /&gt;
|-&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
[[Image:751.40 Design Assumptions- Heat Curved Girders- Section Modulus.gif]]&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
Note:&lt;br /&gt;
&lt;br /&gt;
If flanges are of different sizes, use smaller Section Modulus.&lt;br /&gt;
&lt;br /&gt;
See Structural Project Manager for allowable overstress.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&amp;lt;u&amp;gt;(*) Derivation&amp;lt;/u&amp;gt;&lt;br /&gt;
&lt;br /&gt;
:Positive moment at centerline, &amp;lt;math&amp;gt;\, Mom. = \frac{WL^2}{8} \times 12&amp;lt;/math&amp;gt;&lt;br /&gt;
&lt;br /&gt;
:&amp;lt;math&amp;gt;\, fs = \frac{Mom.}{SM}&amp;lt;/math&amp;gt;&lt;br /&gt;
&lt;br /&gt;
:Substitute mom. in fs equation.&lt;br /&gt;
&lt;br /&gt;
::&amp;lt;math&amp;gt;\, fs = \frac{WL^2 \times 12}{8 \times SM}&amp;lt;/math&amp;gt;&lt;br /&gt;
&lt;br /&gt;
:solve for L&lt;br /&gt;
&lt;br /&gt;
::&amp;lt;math&amp;gt;\, L = \sqrt{\frac{8 f_s \times SM}{12W}}&amp;lt;/math&amp;gt;&lt;br /&gt;
&lt;br /&gt;
&amp;lt;center&amp;gt;&lt;br /&gt;
&#039;&#039;&#039;Design Example&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;ASTM A709 Grade 36 Steel&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
[[Image:751.40 Design Assumptions- Heat Curved Girders- Design Example Plan View.gif]]&lt;br /&gt;
&lt;br /&gt;
&amp;lt;/center&amp;gt;&lt;br /&gt;
&lt;br /&gt;
{|&lt;br /&gt;
|-&lt;br /&gt;
|width=&amp;quot;400&amp;quot;|&amp;amp;nbsp;||width=&amp;quot;400&amp;quot;|[[Image:751.40 Design Assumptions- Heat Curved Girders- Design Example Section 2.gif]]&lt;br /&gt;
|-&lt;br /&gt;
|[[Image:751.40 Design Assumptions- Heat Curved Girders- Design Example Section A-A.gif]]||&lt;br /&gt;
{|border=&amp;quot;1&amp;quot; cellpadding=&amp;quot;1&amp;quot; cellspacing=&amp;quot;1&amp;quot; style=&amp;quot;text-align:center&amp;quot;&lt;br /&gt;
|-&lt;br /&gt;
|Shape||&amp;lt;math&amp;gt;\, I_{xx}&amp;lt;/math&amp;gt;&lt;br /&gt;
|-&lt;br /&gt;
|PL 13&amp;quot; x 3/4&amp;quot;||&amp;lt;math&amp;gt;\, \frac{0.75 \times (13)^3}{12} = 137.31&amp;lt;/math&amp;gt;&lt;br /&gt;
|-&lt;br /&gt;
|PL 70&amp;quot; x 3/8&amp;quot;||&amp;lt;math&amp;gt;\, \frac{70 \times (0.375)^3}{12} = 0.31&amp;lt;/math&amp;gt;&lt;br /&gt;
|-&lt;br /&gt;
|PL 12&amp;quot; x 3/4&amp;quot;||&amp;lt;math&amp;gt;\, \frac{0.75 \times (12)^3}{12} = 108.00&amp;lt;/math&amp;gt;&lt;br /&gt;
|-&lt;br /&gt;
|&amp;lt;math&amp;gt; Total \ I_{xx}&amp;lt;/math&amp;gt;||align=&amp;quot;right&amp;quot;|&amp;lt;math&amp;gt; = 245.62 \ In.^4&amp;lt;/math&amp;gt;&lt;br /&gt;
|-&lt;br /&gt;
|}&lt;br /&gt;
|-&lt;br /&gt;
|SECTION A-A ||rowspan=&amp;quot;1&amp;quot;|&amp;lt;math&amp;gt;\, SM_A = I/C = 245.62/6.5 = 37.79 In.^3&amp;lt;/math&amp;gt;&lt;br /&gt;
|-&lt;br /&gt;
|&amp;amp;nbsp;||rowspan=&amp;quot;1&amp;quot;|&amp;lt;math&amp;gt;\, SM_B = I/C = 245.62/6 = 40.94 In.^3&amp;lt;/math&amp;gt;&lt;br /&gt;
|-&lt;br /&gt;
{|border=&amp;quot;1&amp;quot; cellpadding=&amp;quot;1&amp;quot; cellspacing=&amp;quot;1&amp;quot;&lt;br /&gt;
|-&lt;br /&gt;
|Weight per Foot of Girder&lt;br /&gt;
|-&lt;br /&gt;
|PL 12&amp;quot; x 3/4&amp;quot; = 30.6 lbs./ft.&lt;br /&gt;
|-&lt;br /&gt;
|PL 70&amp;quot; x 3/8&amp;quot; = 89.3 lbs./ft.&lt;br /&gt;
|-&lt;br /&gt;
|PL 13&amp;quot; x 3/4&amp;quot; = 33.2 lbs./ft.&lt;br /&gt;
|-&lt;br /&gt;
|Total =  153.1 lbs./ft.&lt;br /&gt;
|-&lt;br /&gt;
|}&lt;br /&gt;
||&amp;amp;nbsp;&lt;br /&gt;
|-&lt;br /&gt;
|&amp;lt;u&amp;gt;From Formula:&amp;lt;/u&amp;gt;||&amp;amp;nbsp;&lt;br /&gt;
|-&lt;br /&gt;
|colspan=&amp;quot;2&amp;quot; style=&amp;quot;text-align:center&amp;quot;|&amp;lt;math&amp;gt;\, L = \sqrt{\frac{0.667 \times fs \times SM}{W}} = \sqrt{\frac{0.667 \times 20,000 \times 37.79}{153.1}} = 57.38&#039;&amp;lt;/math&amp;gt;  (Use 57.5&#039;)&lt;br /&gt;
|-&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&amp;lt;center&amp;gt;57&#039;-6&amp;quot; &amp;lt; 60&#039;-0&amp;quot;.  Therefore, Special Note required.&amp;lt;/center&amp;gt;&lt;br /&gt;
&lt;br /&gt;
Special Note:&lt;br /&gt;
&lt;br /&gt;
Heat curving of girders &amp;lt;u&amp;gt;(Identify)&amp;lt;/u&amp;gt; (*) will not be allowed shile in the horizontal position.&lt;br /&gt;
&lt;br /&gt;
(*)Complete underlined portion as required.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
Maximum Plate Lengths:&lt;br /&gt;
:80 feet.  See Structural Project Manager for use of longer lengths up to 85&#039; for ASTM A709 Grade 50 or ASTM A709 Grade 50W and 100&#039; for ASTM A709 Grade 36.&lt;br /&gt;
 &lt;br /&gt;
Minimum Plate Lengths:&lt;br /&gt;
:10 feet.  Shop flange splices should be eliminated and extra plate material used when :economy indicates and span lengths permit.&lt;br /&gt;
&lt;br /&gt;
Preliminary Analysis:&lt;br /&gt;
:(1) Compute moments from influence lines on basis of &amp;quot;Constant I&amp;quot; analysis and apply the following percentage increase or decrease to non-composite dead load moments.  &lt;br /&gt;
&lt;br /&gt;
References may be used in lieu of the above.&lt;br /&gt;
&lt;br /&gt;
&amp;lt;center&amp;gt;&lt;br /&gt;
[[Image:751.40 Design Assumptions- Preliminary Analysis-Moments Diagram.gif]]&lt;br /&gt;
&amp;lt;/center&amp;gt;&lt;br /&gt;
&lt;br /&gt;
{|style=&amp;quot;text-align:center&amp;quot;&lt;br /&gt;
|-&lt;br /&gt;
|width=&amp;quot;500&amp;quot;|&amp;lt;math&amp;gt;\, n&amp;lt;/math&amp;gt; = 1.2 to 1.5||width=&amp;quot;90&amp;quot;|&amp;lt;math&amp;gt;\, n&amp;lt;/math&amp;gt; = 1.2 to 1.5&lt;br /&gt;
|-&lt;br /&gt;
|&lt;br /&gt;
{|border=&amp;quot;1&amp;quot; cellspacing=&amp;quot;1&amp;quot; cellpadding=&amp;quot;1&amp;quot;&lt;br /&gt;
|-&lt;br /&gt;
|&amp;lt;math&amp;gt;\, +M_1&amp;lt;/math&amp;gt;||-5%&lt;br /&gt;
|-&lt;br /&gt;
|&amp;lt;math&amp;gt;\, -M_2&amp;lt;/math&amp;gt;||+15%&lt;br /&gt;
|-&lt;br /&gt;
|&amp;lt;math&amp;gt;\, +M_3&amp;lt;/math&amp;gt;||-15%&lt;br /&gt;
|-&lt;br /&gt;
|}&lt;br /&gt;
||&lt;br /&gt;
{|border=&amp;quot;1&amp;quot; cellspacing=&amp;quot;1&amp;quot; cellpadding=&amp;quot;1&amp;quot;&lt;br /&gt;
|-&lt;br /&gt;
|&amp;lt;math&amp;gt;\, +M_1&amp;lt;/math&amp;gt;||-5%&lt;br /&gt;
|-&lt;br /&gt;
|&amp;lt;math&amp;gt;\, -M_2&amp;lt;/math&amp;gt;||+15%&lt;br /&gt;
|-&lt;br /&gt;
|&amp;lt;math&amp;gt;\, +M_3&amp;lt;/math&amp;gt;||-15%&lt;br /&gt;
|-&lt;br /&gt;
|&amp;lt;math&amp;gt;\, -M_4&amp;lt;/math&amp;gt;||+15%&lt;br /&gt;
|-&lt;br /&gt;
|}&lt;br /&gt;
|-&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
(2) Determine trial sections and plot a rough moment curve to determine location of flange plate cutoffs, if any.&lt;br /&gt;
&lt;br /&gt;
(3) Complete analysis by using computer programs to obtain actual moments and stresses.&lt;br /&gt;
&lt;br /&gt;
&amp;lt;center&amp;gt;&lt;br /&gt;
&#039;&#039;&#039;Design Stress investigation for Positive Moment Area of Plate Girder Structure&#039;&#039;&#039;&lt;br /&gt;
&amp;lt;/center&amp;gt;&lt;br /&gt;
&lt;br /&gt;
The design stresses are to be checked at the top of flange (steel) and the top of concrete slab in the composible area of Plate Girder Structures to ensure that they are within the allowable stresses.&lt;br /&gt;
&amp;lt;center&amp;gt;&lt;br /&gt;
&lt;br /&gt;
[[Image:751.40 Design Assumptions- Design Stress Investigation- Plate Girder.gif]]&lt;br /&gt;
&lt;br /&gt;
SECTION A-A     &lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Structure Length&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
Typical Continuous Steel Structures- Integral End Bents:&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
[[Image:751.40 Design Assumptions- Structure Length- Maximum Length for Continuous Steel.gif]]&lt;br /&gt;
&lt;br /&gt;
&amp;lt;/center&amp;gt;&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Estimated Girder Depth&#039;&#039;&#039;&lt;br /&gt;
&#039;&#039;Based on Three Spans With Ratio N = 1.3±&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
&amp;lt;center&amp;gt;&lt;br /&gt;
&lt;br /&gt;
Continuous Plate Girders HS20 Loading Load Factor &lt;br /&gt;
&amp;lt;br&amp;gt;(ASTM A709 Grade 50 or ASTM A709 Grade 50W)&lt;br /&gt;
&lt;br /&gt;
{|border=&amp;quot;1&amp;quot; cellpadding=&amp;quot;1&amp;quot; cellspacing=&amp;quot;1&amp;quot; style=&amp;quot;text-align:center&amp;quot;&lt;br /&gt;
|-&lt;br /&gt;
|Initial Estimate&amp;lt;br&amp;gt;(Feet) ||Girder Depths (*)&amp;lt;br&amp;gt;(Inches)|| Structure Depth (**)&amp;lt;br&amp;gt;(Feet)&lt;br /&gt;
|-&lt;br /&gt;
|85 to 104||42||4.50&lt;br /&gt;
|-&lt;br /&gt;
|105 to 124||48||5.00&lt;br /&gt;
|-&lt;br /&gt;
|125 to 134||54||5.50&lt;br /&gt;
|-&lt;br /&gt;
|135 to 144||60||6.00&lt;br /&gt;
|-&lt;br /&gt;
|145 to 159||66||6.50&lt;br /&gt;
|-&lt;br /&gt;
|160 to 174||72||7.00&lt;br /&gt;
|-&lt;br /&gt;
|175 to 184||78||7.50&lt;br /&gt;
|-&lt;br /&gt;
|185 to 194||84||8.00&lt;br /&gt;
|-&lt;br /&gt;
|195 to 204||90||8.50&lt;br /&gt;
|-&lt;br /&gt;
|}&lt;br /&gt;
&amp;lt;/center&amp;gt;&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
Trial steel plate girder depths use program BR109 to check designs and deflections. Web depths may be adjusted by two inch increments.&lt;br /&gt;
&lt;br /&gt;
(*) Bethlehem steel economic study (N = 1.3±). Bethlehem steel provided an economic study of multiple steel girder depths. The study indicated that cheaper designs are obtained by reducing the plate girder depths and reducing the number of stiffeners. The recommended initial estimates above are based on these designs.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
(**) Structure depth includes slab and haunch.&lt;br /&gt;
&lt;br /&gt;
A general rule of thumb is to determine the minimum web thickness without stiffeners; then, use a web thickness of one-sixteenth inch less. Match MoDOT requirements for web increments of one-sixteenth inch only.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
If two-span structures are used, a deeper web is required. A good estimate is to use six inches additional depth than the above tables for two-span structures.&lt;br /&gt;
&lt;br /&gt;
====751.40.8.8.2 Details====&lt;br /&gt;
&lt;br /&gt;
=====751.40.8.8.2.1 Field Flange Splice – Bolted=====&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;General&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
Splices shall be designed using the Service Load Design Method and in accordance with AASHTO Articles 10.18, 10.24 and 10.32 except as noted.&lt;br /&gt;
&lt;br /&gt;
Splices shall be designed to develop 100% of the flange strength by the flange splice plate strength.  When the flange section or steel grade changes at a splice, the smaller flange strength shall be used to design the splice. Splice plates shall then match the lower grade used in the flanges.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Minimum Yield Strength &amp;lt;math&amp;gt;\, (Fy)&amp;lt;/math&amp;gt; and Minimum Tensile Strength &amp;lt;math&amp;gt;\, (Fu)&amp;lt;/math&amp;gt;&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
{|&lt;br /&gt;
|-&lt;br /&gt;
|width=&amp;quot;200&amp;quot;|ASTM A709 Grade 36||width=&amp;quot;100&amp;quot;|&amp;lt;math&amp;gt;\, F_y&amp;lt;/math&amp;gt;  = 36 ksi||&amp;lt;math&amp;gt;\, F_u&amp;lt;/math&amp;gt; = 58 ksi&lt;br /&gt;
|-&lt;br /&gt;
|ASTM A709 Grade 50||&amp;lt;math&amp;gt;\, F_y&amp;lt;/math&amp;gt;  = 50 ksi||&amp;lt;math&amp;gt;\, F_u&amp;lt;/math&amp;gt; = 65 ksi&lt;br /&gt;
|-&lt;br /&gt;
|ASTM A709 Grade 50W||&amp;lt;math&amp;gt;\, F_y&amp;lt;/math&amp;gt;  = 50 ksi||&amp;lt;math&amp;gt;\, F_u&amp;lt;/math&amp;gt; = 70 ksi&lt;br /&gt;
|-&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Allowable Steel Stresses &amp;lt;math&amp;gt;\, (F_t)&amp;lt;/math&amp;gt;&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
Allowable stresses are determined by AASHTO Table 10.32.1A.&lt;br /&gt;
&lt;br /&gt;
{|&lt;br /&gt;
|-&lt;br /&gt;
|width=&amp;quot;200&amp;quot;|Allowable tensile stress||&amp;lt;math&amp;gt;\, F_t = 0.55 \times F_y&amp;lt;/math&amp;gt;&lt;br /&gt;
|-&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
{|&lt;br /&gt;
|-&lt;br /&gt;
|width=&amp;quot;200&amp;quot;|ASTM A709|| Grade 36||&amp;lt;math&amp;gt;\, F_t&amp;lt;/math&amp;gt;  = 20 ksi&lt;br /&gt;
|-&lt;br /&gt;
|width=&amp;quot;200&amp;quot;|ASTM A709|| Grade 50||	&amp;lt;math&amp;gt;\, F_t&amp;lt;/math&amp;gt;  = 27 ksi&lt;br /&gt;
|-&lt;br /&gt;
|width=&amp;quot;200&amp;quot;|ASTM A709|| Grade 50W||&amp;lt;math&amp;gt;\, F_t&amp;lt;/math&amp;gt;  = 27 ksi&lt;br /&gt;
|-&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Allowable Bolt Stresses &#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
Splices shall be designed as slip critical connections with Class B surface preparation and oversized holes.  Although standard holes are used in the fabrication of flange splices, designing the splices for oversize holes allows for some fabrication and erection tolerances.  All splice bolts shall be 7/8&amp;quot; diameter ASTM F3125 Grade A325. &lt;br /&gt;
&lt;br /&gt;
AASHTO Table 10.32.3C specifies &amp;lt;math&amp;gt;\, F_s&amp;lt;/math&amp;gt; = 19 ksi for a class B slip-critical connection.  Tables shown in this article are based on 19 ksi that should also be used to design splices not listed in the table.  &lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
Although slip-critical connections are theoretically not subject to shear and bearing, they must be capable of resisting these stresses in the event of an overload that causes slip to occur. The allowable shear stress per bolt &amp;lt;math&amp;gt;\, (Fv)&amp;lt;/math&amp;gt; for bearing is 19 ksi with the threads included and &amp;lt;math&amp;gt;\, 1.25 \times 19 = 23.75&amp;lt;/math&amp;gt; ksi for threads not included.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Flange Strength&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
The flange strength shall be determined by multiplying the allowable stress of the flange by the area of the flange.  The area of the flange shall be taken as the gross area of the flange, except that if more than 15 percent of each flange area is removed, that amount removed in excess of 15 percent shall be deducted from the gross area. Bolt holes are considered to be 1&amp;quot; diameter for the purpose of determining flange area. &lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Splice Plate Strength&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
The splice plate strength shall be determined by multiplying the allowable stress of the splice plates by the area of the splice plates.  The area of the splice plates shall be taken as the gross area of the splice plates, except that if more than 15 percent of the splice plate area is removed, that amount in excess of 15 percent shall be deducted from the gross area.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Two Row Splices&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
Splices with two rows of bolts are used with flanges 12 to 13 inches wide. The inner and outer plates may either be the same length or the inner plate may be shorter. This is the case if the end bolts in the splice are only needed to be in single shear. All other bolts will be in double shear. (See Figure 3.42.2.2-1)&lt;br /&gt;
&lt;br /&gt;
&amp;lt;center&amp;gt;&lt;br /&gt;
[[Image:751.40 Widen and Repair- Field Flange Splice- Bolted.gif]]&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;&amp;lt;u&amp;gt;Figure 3.42.2.2-1&amp;lt;/u&amp;gt;&#039;&#039;&#039;&lt;br /&gt;
&amp;lt;/center&amp;gt;&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Four Row Splices&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
When the width of the flange being spliced is 14 inches or greater, four longitudinal rows of bolts are used. Three variations of the end bolts positioning may be used.  In each of these variations, the last two bolts shall be located in the outer rows closest to the edge of the splice plate.&lt;br /&gt;
&amp;lt;center&amp;gt;&lt;br /&gt;
&lt;br /&gt;
[[Image:751.40 Widen and Repair- Field Flange Splice- Bolted Four Row Splice.gif]]&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;&amp;lt;u&amp;gt;Figure 3.42.2.2-2&amp;lt;/u&amp;gt;&#039;&#039;&#039;&lt;br /&gt;
&amp;lt;/center&amp;gt;&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Flange Width Transitions&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
When the width of the flanges being spliced differs by more than 2&amp;quot;, the larger flange shall be beveled as shown in Figure 3.42.2.2-3&lt;br /&gt;
&lt;br /&gt;
&amp;lt;center&amp;gt;&lt;br /&gt;
[[Image:751.40 Widen and Repair- Field Flange Splice- Bolted- Flange Width Transition.gif]]&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;&amp;lt;u&amp;gt;Figure 3.42.2.2-3&amp;lt;/u&amp;gt;&#039;&#039;&#039;&lt;br /&gt;
&amp;lt;/center&amp;gt;&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Weight of Splice&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
When calculating the weight of splice, the following simplified weights shall be used.&lt;br /&gt;
&lt;br /&gt;
Weight of High-Strength bolts (diameter 7/8&amp;quot;) = 0.95 lbs/bolt&lt;br /&gt;
&lt;br /&gt;
Unit weight of Structural Steel = 490 lbs/ft&amp;lt;sup&amp;gt;3&amp;lt;/sup&amp;gt;&lt;br /&gt;
&lt;br /&gt;
=====751.40.8.8.2.2 Field Web Splice – Bolted=====&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;General&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
Splices shall be designed using the Service Load Design Method and in accordance with AASHTO Articles 10.18, 10.24 and 10.32 except as noted.&lt;br /&gt;
&lt;br /&gt;
The web splice consists of 2-Plates: &lt;br /&gt;
::Thickness = 5/16&amp;quot; minimum.&lt;br /&gt;
::Width = 12-1/2&amp;quot; (18-1/2&amp;quot; if 3 rows of bolts are required).&lt;br /&gt;
&lt;br /&gt;
When the web section or steel grade changes at a splice, the smaller web strength should be used to design the splice.  &lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Minimum Yield Strength &amp;lt;math&amp;gt;\, (F_y)&amp;lt;/math&amp;gt; and Minimum Tensile Strength &amp;lt;math&amp;gt;\, (F_u)&amp;lt;/math&amp;gt;&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
{|&lt;br /&gt;
|-&lt;br /&gt;
|width=&amp;quot;200&amp;quot;|ASTM A709 Grade 36||width=&amp;quot;100&amp;quot;|&amp;lt;math&amp;gt;\, F_y&amp;lt;/math&amp;gt;  = 36 ksi||&amp;lt;math&amp;gt;\, F_u&amp;lt;/math&amp;gt; = 58 ksi&lt;br /&gt;
|-&lt;br /&gt;
|ASTM A709 Grade 50||&amp;lt;math&amp;gt;\, F_y&amp;lt;/math&amp;gt;  = 50 ksi||&amp;lt;math&amp;gt;\, F_u&amp;lt;/math&amp;gt; = 65 ksi&lt;br /&gt;
|-&lt;br /&gt;
|ASTM A709 Grade 50W||&amp;lt;math&amp;gt;\, F_y&amp;lt;/math&amp;gt;  = 50 ksi||&amp;lt;math&amp;gt;\, F_u&amp;lt;/math&amp;gt; = 70 ksi&lt;br /&gt;
|-&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Allowable Steel Stresses &amp;lt;math&amp;gt;\, (F_b, F_w)&amp;lt;/math&amp;gt;&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
Allowable stresses are determined by AASHTO Table 10.32.1A.&lt;br /&gt;
&lt;br /&gt;
{|&lt;br /&gt;
|-&lt;br /&gt;
|width=&amp;quot;200&amp;quot;|Allowable bending stress||&amp;lt;math&amp;gt;\, F_b = 0.55 \times F_y&amp;lt;/math&amp;gt;&lt;br /&gt;
|-&lt;br /&gt;
|Allowable shear stress||&amp;lt;math&amp;gt;\, F_v = 0.33 \times F_y&amp;lt;/math&amp;gt;&lt;br /&gt;
|-&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
{|&lt;br /&gt;
|-&lt;br /&gt;
|width=&amp;quot;200&amp;quot;|ASTM A709 Grade 36||width=&amp;quot;100&amp;quot;|&amp;lt;math&amp;gt;\, F_b&amp;lt;/math&amp;gt;  = 20 ksi||&amp;lt;math&amp;gt;\, F_v&amp;lt;/math&amp;gt; = 12 ksi&lt;br /&gt;
|-&lt;br /&gt;
|width=&amp;quot;200&amp;quot;|ASTM A709 Grade 50||&amp;lt;math&amp;gt;\, F_b&amp;lt;/math&amp;gt;  = 27 ksi||&amp;lt;math&amp;gt;\, F_v&amp;lt;/math&amp;gt; = 17 ksi&lt;br /&gt;
|-&lt;br /&gt;
|width=&amp;quot;200&amp;quot;|ASTM A709 Grade 50W||&amp;lt;math&amp;gt;\, F_b&amp;lt;/math&amp;gt;  = 27 ksi||&amp;lt;math&amp;gt;\, F_v&amp;lt;/math&amp;gt; = 17 ksi&lt;br /&gt;
|-&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Allowable Bolt Stresses &#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
Although standard holes are used in the fabrication of web splices, designing the splices for oversize holes allows for some fabrication and erection tolerances.  Web splices required to resist shear between their connected parts are designated as slip-critical connections.  Shear connections subjected to stress reversal, or where slippage would be undesirable, shall be slip-critical connections.  Potential slip of joints should be investigated at intermediate load stages especially those joints located in composite regions.  The resultant force shall be less than the allowable bolt shear force. All splice bolts shall be ASTM F3125 Grade A325 7/8&amp;quot; diameter High Strength Bolts.  &lt;br /&gt;
&lt;br /&gt;
&amp;lt;math&amp;gt;\, F_v&amp;lt;/math&amp;gt; = 19 ksi&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Bolt Arrangement&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
The minimum distance from the center of any fastener in a standard hole to a sheared or thermally cut edge shall be 1-1/2 inches for 7/8&amp;quot; diameter fasteners.  The minimum distance between centers of fasteners in standard holes shall be three times the diameter of the fastener, but shall not be less than 3 inches for 7/8&amp;quot; diameter fasteners.    &lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Splice Plate Strength&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
The strength of the splice plates shall be determined by multiplying the allowable stress of the splice plates by the net area of all splice plates.  The splice plates net area shall be taken as the gross area of the splice plates minus the bolt holes. Bolt holes are considered to be 1 inch diameter for the purpose of determining splice plate net area.  Web splices are designed to develop 75% of net section of the web.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Web Strength&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
The strength of the web should be determined from the allowable web stress at the &amp;quot;top of web&amp;quot; to account for hybrid sections. Otherwise, the allowable web stress is based on a linear distribution of stress from outside face of flange to &amp;quot;top of web&amp;quot;.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Weight of Splice&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
When calculating the weight of splice, the following simplified weights shall be used.&lt;br /&gt;
&lt;br /&gt;
Weight of High-Strength bolts (diameter 7/8&amp;quot;) = 0.95 lbs/bolt&lt;br /&gt;
&lt;br /&gt;
Unit weight of Structural Steel = 490 lbs/ft&amp;lt;sup&amp;gt;3&amp;lt;/sup&amp;gt;&lt;br /&gt;
&lt;br /&gt;
===751.40.8.9 Continuous Concrete Slab Bridges===&lt;br /&gt;
&lt;br /&gt;
====751.40.8.9.1 Slabs====&lt;br /&gt;
&lt;br /&gt;
=====751.40.8.9.1.1 Design Assumptions=====&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
{|border=&amp;quot;0&amp;quot; cellpadding=&amp;quot;0&amp;quot;&lt;br /&gt;
&lt;br /&gt;
|width=&amp;quot;65&amp;quot;|Stresses -||FC||=||width=&amp;quot;150&amp;quot;|1600 psi||N||=||width=&amp;quot;50&amp;quot;|8||(Slab, Integral Column)&lt;br /&gt;
|-&lt;br /&gt;
|&amp;amp;nbsp;||FC|||=||1200 psi||N||=||10||(Open Bent, Footing)&lt;br /&gt;
|-&lt;br /&gt;
|&amp;amp;nbsp;||FY||=||colspan=&amp;quot;5&amp;quot;|60,000 psi reinforcing steel&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
Use &amp;quot;Variable I&amp;quot; analysis for all structures except solid slabs without drop panels.&amp;lt;br/&amp;gt;Use &amp;quot;Constant I&amp;quot; analysis for solid slabs without drop panels.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&amp;lt;center&amp;gt;[[Image:751.40_Slabs_Design_Assumptions_Diagram.gif]]&amp;lt;/center&amp;gt;&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
{|border=&amp;quot;0&amp;quot;&lt;br /&gt;
&lt;br /&gt;
|&amp;quot;L&amp;quot;||=||Design Span&lt;br /&gt;
|-&lt;br /&gt;
|&amp;quot;H&amp;quot;||=||Design Height&lt;br /&gt;
|-&lt;br /&gt;
|valign=&amp;quot;top&amp;quot;|&amp;quot;I&amp;quot;||valign=&amp;quot;top&amp;quot;|=||Gross moment of inertia of the full cross-section (Slab minus voids - integral wearing surface not included) (&amp;quot;I1&amp;quot;, &amp;quot;IA&amp;quot;, etc. suggested I&#039;s to be considered.)&lt;br /&gt;
|-&lt;br /&gt;
|&amp;quot;S&amp;quot;||=||The effective span length for the use in determining minimum slab thickness under load factor design (AASHTO 8.9).&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
Use the same column diameter and spacing for all Intermediate Bents.&amp;lt;br/&amp;gt;Use the same slab thickness for all spans.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
{|border=&amp;quot;1&amp;quot; cellpadding=&amp;quot;5&amp;quot; align=&amp;quot;center&amp;quot; style=&amp;quot;text-align:center&amp;quot;&lt;br /&gt;
&lt;br /&gt;
|colspan=&amp;quot;5&amp;quot;|&#039;&#039;&#039;DEGREE OF RESTRAINT - LONGITUDINAL&#039;&#039;&#039;&lt;br /&gt;
|-&lt;br /&gt;
|&amp;amp;nbsp;||Column Type||Footing Type||Top Column||Bottom Column&lt;br /&gt;
|-&lt;br /&gt;
|rowspan=&amp;quot;2&amp;quot;|&#039;&#039;&#039;INT. BENTS&#039;&#039;&#039;||Integral Column||Spread or Pile||Integral||(**)&lt;br /&gt;
|-&lt;br /&gt;
|Integral Column &amp;lt;!--column 1 occupied by cell &#039;&#039;&#039;INT. BENTS&#039;&#039;&#039;--&amp;gt;||Pedestal Pile||Integral||(**)&lt;br /&gt;
|-&lt;br /&gt;
|rowspan=&amp;quot;3&amp;quot;|&#039;&#039;&#039;END BENTS&#039;&#039;&#039;||Pinned Column||any||Pinned||(**)&lt;br /&gt;
|-&lt;br /&gt;
|Integral Pile &amp;lt;!--column 1 occupied by cell &#039;&#039;&#039;END BENTS&#039;&#039;&#039;--&amp;gt;||&amp;amp;nbsp;||(*) Pinned||rowspan=&amp;quot;3&amp;quot;|&amp;amp;nbsp;&lt;br /&gt;
|-&lt;br /&gt;
|Open Bent with Column&amp;lt;!--column 1 occupied by cell &#039;&#039;&#039;END BENTS&#039;&#039;&#039;--&amp;gt;||any||Simple&lt;br /&gt;
|-&lt;br /&gt;
|&#039;&#039;&#039;INT. BENTS&#039;&#039;&#039;||Open Bent with Pile||&amp;amp;nbsp;||Simple&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
{|border=&amp;quot;0&amp;quot;&lt;br /&gt;
&lt;br /&gt;
|align=&amp;quot;right&amp;quot; valign=&amp;quot;top&amp;quot;|(*)||&amp;amp;nbsp;||See [[#751.40.8.9.2.5 Design Assumptions for Integral Piles|EPG 751.40.8.9.2.5 Design Assumptions for Integral Piles]].&lt;br /&gt;
|-&lt;br /&gt;
|align=&amp;quot;right&amp;quot; valign=&amp;quot;top&amp;quot;|(**)||&amp;amp;nbsp;||Use &amp;quot;Pinned&amp;quot; for Seismic Performance Category A and &amp;quot;Fixed for Seismic Performance Categories B, C &amp;amp; D. (See Structural Project Manager or Liaison)&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
=====751.40.8.9.1.2 Slab Design and Drop Panel=====&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
The Slab Depth is based on the following limitations:&lt;br /&gt;
 &lt;br /&gt;
 &lt;br /&gt;
&lt;br /&gt;
{|border=&amp;quot;0&amp;quot;&lt;br /&gt;
&lt;br /&gt;
|1.||&amp;amp;nbsp;||colspan=&amp;quot;4&amp;quot;|Vertical Clearance Requirements: see the Bridge Memorandum.&lt;br /&gt;
|-&lt;br /&gt;
|2.||&amp;amp;nbsp;||colspan=&amp;quot;4&amp;quot;|Allowable Depths:&lt;br /&gt;
|-&lt;br /&gt;
|&amp;amp;nbsp;||A.||colspan=&amp;quot;3&amp;quot;|Positive Moments -&lt;br /&gt;
|-&lt;br /&gt;
|colspan=&amp;quot;2&amp;quot;|&amp;amp;nbsp;||colspan=&amp;quot;3&amp;quot;|see table of &amp;quot;Available Slab Depths and Void Data&amp;quot;, in [[#751.40.8.9.1.4 Slab Cross Section and Section Properties|EPG 751.40.8.9.1.4 Slab Cross Section and Section Properties]].&lt;br /&gt;
|-&lt;br /&gt;
|&amp;amp;nbsp;||B.||colspan=&amp;quot;3&amp;quot;|Slab Depth controlled by the minimum thickness formula -&lt;br /&gt;
|-&lt;br /&gt;
|colspan=&amp;quot;2&amp;quot;|&amp;amp;nbsp;||colspan=&amp;quot;3&amp;quot;|(Integral wearing surface is included with the total depth provided.)&lt;br /&gt;
|-&lt;br /&gt;
|colspan=&amp;quot;2&amp;quot;|&amp;amp;nbsp;||colspan=&amp;quot;3&amp;quot;|Continuous Spans - AASHTO 8.9 = (S + 10)/30&lt;br /&gt;
|-&lt;br /&gt;
|colspan=&amp;quot;3&amp;quot;|&amp;amp;nbsp;||&amp;quot;S&amp;quot;||may be used as the clear distance between drop panels.&lt;br /&gt;
|-&lt;br /&gt;
|colspan=&amp;quot;4&amp;quot;|&amp;amp;nbsp;||Bridges may have two adjacent spans averaged if S&amp;lt;sub&amp;gt;2&amp;lt;/sub&amp;gt;/S&amp;lt;sub&amp;gt;1&amp;lt;/sub&amp;gt; &amp;lt; 1.5&lt;br /&gt;
|-&lt;br /&gt;
|colspan=&amp;quot;2&amp;quot;|&amp;amp;nbsp;||colspan=&amp;quot;3&amp;quot;|Simple Spans - AASHTO 8.9 = 1.2 (S + 10)/30&lt;br /&gt;
|-&lt;br /&gt;
|&amp;amp;nbsp;||C.||colspan=&amp;quot;3&amp;quot;|Negative Moments -&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
{|border=&amp;quot;3&amp;quot; cellpadding=&amp;quot;3&amp;quot; cellspacing=&amp;quot;0&amp;quot; style=&amp;quot;text-align:center&amp;quot;&lt;br /&gt;
&lt;br /&gt;
|&amp;amp;nbsp;||colspan=&amp;quot;2&amp;quot;|&#039;&#039;&#039;DROP PANEL DEPTHS&#039;&#039;&#039;&lt;br /&gt;
|-&lt;br /&gt;
|&amp;amp;nbsp;||&#039;&#039;&#039;MIN.&#039;&#039;&#039;||&#039;&#039;&#039;MAX.&#039;&#039;&#039;&lt;br /&gt;
|-&lt;br /&gt;
|align=&amp;quot;left&amp;quot;|Bents in median of dual roadway||0&amp;quot; or 3&amp;quot;||13&amp;quot;&lt;br /&gt;
|-&lt;br /&gt;
|align=&amp;quot;left&amp;quot;|Other Bents||0&amp;quot; or 3&amp;quot;||9&amp;quot;&lt;br /&gt;
|-&lt;br /&gt;
|colspan=&amp;quot;3&amp;quot;|&#039;&#039;&#039;INCREMENTS OF 1&amp;quot;&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
{|border=&amp;quot;3&amp;quot; cellpadding=&amp;quot;3&amp;quot; cellspacing=&amp;quot;0&amp;quot; style=&amp;quot;text-align:center&amp;quot;&lt;br /&gt;
&lt;br /&gt;
|colspan=&amp;quot;2&amp;quot;|&amp;amp;nbsp;||colspan=&amp;quot;6&amp;quot;|&#039;&#039;&#039;APPROXIMATE DROP PANEL WIDTH (FEET)&amp;lt;br/&amp;gt;(PARALLEL TO THE CENTERLINE OF ROADWAY)&#039;&#039;&#039;&lt;br /&gt;
|-&lt;br /&gt;
|rowspan=&amp;quot;2&amp;quot;|&amp;amp;nbsp;||rowspan=&amp;quot;2&amp;quot;|Bents||colspan=&amp;quot;6&amp;quot;|Drop Panel Depth&lt;br /&gt;
|-&lt;br /&gt;
|4&amp;quot;&amp;lt;!--column 1 occupied by cell &amp;amp;nbsp;--&amp;gt; &amp;lt;!--column 2 occupied by cell Bents--&amp;gt;||6&amp;quot;||7&amp;quot;||8&amp;quot;||9&amp;quot;||12&amp;quot;&lt;br /&gt;
|-&lt;br /&gt;
|3 Span Bridge||2 &amp;amp; 3||6&#039;||6&#039;||10&#039;||8&#039;||6&#039;&lt;br /&gt;
|-&lt;br /&gt;
|rowspan=&amp;quot;2&amp;quot;|4 Span Bridge||2 &amp;amp; 4||6&#039;||6&#039;||10&#039;||8&#039;||6&#039;&lt;br /&gt;
|-&lt;br /&gt;
|3&amp;lt;!--column 1 occupied by cell 4 Span Bridge--&amp;gt;||8&#039;||10&#039;||12&#039;||12&#039;||12&#039;||12&#039;&lt;br /&gt;
|-&lt;br /&gt;
|colspan=&amp;quot;8&amp;quot;|&#039;&#039;&#039;THESE WIDTHS ARE SUGGESTED ONLY AS TRIAL DIMENSIONS FOR&amp;lt;br/&amp;gt;DESIGN AND ARE NOT TO BE USED AS LIMITS FOR THE FINAL DESIGN.&#039;&#039;&#039;&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
{|border=&amp;quot;0&amp;quot;&lt;br /&gt;
&lt;br /&gt;
|3.||&amp;amp;nbsp;||colspan=&amp;quot;4&amp;quot;|Reinforcing Steel:&lt;br /&gt;
|-&lt;br /&gt;
|&amp;amp;nbsp;||align=&amp;quot;center&amp;quot; valign=&amp;quot;top&amp;quot; |A.||colspan=&amp;quot;3&amp;quot;|Positive Moments = Maximum #11 @ 5&amp;quot; cts.&lt;br /&gt;
|-&lt;br /&gt;
|&amp;amp;nbsp;||align=&amp;quot;center&amp;quot; valign=&amp;quot;top&amp;quot; |B.||colspan=&amp;quot;3&amp;quot;|Negative Moments = Maximum #11 @ 5&amp;quot; cts., except #14s @ 6&amp;quot; cts., may be used for long spans.&lt;br /&gt;
|-&lt;br /&gt;
|4.||&amp;amp;nbsp;||colspan=&amp;quot;4&amp;quot;|Live Load Deflection - AASHTO 10.6&lt;br /&gt;
|-&lt;br /&gt;
|&amp;amp;nbsp;||colspan=&amp;quot;4&amp;quot;|The deflection due to service live load plus impact shall not exceed 1/800 of the span, except on bridges in urban areas used in part by pedestrains whereon the ratio preferably shall not exceed 1/1000.&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
=====751.40.8.9.1.3 Slab Longitudinal Sections=====&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;HOLLOW SLABS&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&amp;lt;center&amp;gt;[[Image:751.40_Slabs_-_Hollow_End_Spans.gif]]&amp;lt;/center&amp;gt;&lt;br /&gt;
&lt;br /&gt;
&amp;lt;center&amp;gt;&#039;&#039;&#039;END SPANS&#039;&#039;&#039;&amp;lt;/center&amp;gt;&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&amp;lt;center&amp;gt;[[Image:751.40_Slabs_-_Hollow_Intermediate_Spans.gif]]&amp;lt;/center&amp;gt;&lt;br /&gt;
&lt;br /&gt;
&amp;lt;center&amp;gt;&#039;&#039;&#039;INTERMEDIATE SPANS&#039;&#039;&#039;&amp;lt;/center&amp;gt;&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
{|border=&amp;quot;0&amp;quot; align=&amp;quot;center&amp;quot;&lt;br /&gt;
&lt;br /&gt;
|width=&amp;quot;200&amp;quot; rowspan=&amp;quot;3&amp;quot;|[[Image:751.40_Slabs_-_Hollow_Part_Plan_Skewed_Detail.gif]]&lt;br /&gt;
|(*)Increase to maintain 6&amp;quot; minimum on skews (see detail)&lt;br /&gt;
|-&lt;br /&gt;
|(**) By Design (6&amp;quot; increments measured normal to the centerline of bent) (The minimum is equal to the column diameter + 2&#039;-6&amp;quot;)&amp;lt;!--column 1 occupied by cell [[Image:751.40_Slabs_-_Hollow_Part_Plan_Skewed_Detail.gif]]--&amp;gt;&lt;br /&gt;
|-&lt;br /&gt;
|width=&amp;quot;400&amp;quot;|Note:&amp;lt;br/&amp;gt;All longitudinal dimensions shown are horizontal (Bridges on grades and vertical curves, included).&amp;lt;br/&amp;gt;For Sections A-A and B-B see [[#751.40.8.9.1.4 Slab Cross Section and Section Properties|EPG 751.40.8.9.1.4 Slab Cross Section and Section Properties]].&amp;lt;!--column 1 occupied by cell [[Image:751.40_Slabs_-_Hollow_Part_Plan_Skewed_Detail.gif]]--&amp;gt;&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&amp;amp;nbsp;&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;SOLID SLABS&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&amp;lt;center&amp;gt;[[Image:751.40_Slabs_-_Solid_End_Spans.gif]]&amp;lt;/center&amp;gt;&lt;br /&gt;
&lt;br /&gt;
&amp;lt;center&amp;gt;&#039;&#039;&#039;END SPANS&#039;&#039;&#039;&amp;lt;/center&amp;gt;&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&amp;lt;center&amp;gt;[[Image:751.40_Slabs_-_Solid_Intermediate_Spans.gif]]&amp;lt;/center&amp;gt;&lt;br /&gt;
&lt;br /&gt;
&amp;lt;center&amp;gt;&#039;&#039;&#039;INTERMEDIATE SPANS&#039;&#039;&#039;&amp;lt;/center&amp;gt;&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
(*) By Design (6&amp;quot; increments measured normal to the centerline of Bent) (The minimum is equal to the column diameter + 2&#039;-6&amp;quot;)&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
Note:&amp;lt;br/&amp;gt;All longitudinal dimensions shown are horizontal (Bridges on grades and vertical curves, included).&lt;br /&gt;
&lt;br /&gt;
=====751.40.8.9.1.4 Slab Cross Section and Section Properties=====&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&amp;lt;center&amp;gt;[[Image:751.40_Slab_Cross_Section_AA_&amp;amp;_BB.gif]]&amp;lt;/center&amp;gt;&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
{|border=&amp;quot;0&amp;quot; style=&amp;quot;text-align:center&amp;quot; align=&amp;quot;center&amp;quot;&lt;br /&gt;
&lt;br /&gt;
|width=&amp;quot;300&amp;quot;|&#039;&#039;&#039;HALF SECTION A-A&amp;lt;br/&amp;gt;CENTER OF SPAN&#039;&#039;&#039;||width=&amp;quot;300&amp;quot;|&#039;&#039;&#039;HALF SECTION B-B&amp;lt;br/&amp;gt;NEAR INTERMEDIATE BENT&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
{|border=&amp;quot;0&amp;quot; cellpadding=&amp;quot;5&amp;quot; align=&amp;quot;center&amp;quot; style=&amp;quot;text-align:center&amp;quot;&lt;br /&gt;
&lt;br /&gt;
|rowspan=&amp;quot;4&amp;quot; width=&amp;quot;250&amp;quot; align=&amp;quot;left&amp;quot;|&lt;br /&gt;
{|border=&amp;quot;3&amp;quot; cellpadding=&amp;quot;2&amp;quot; cellspacing=&amp;quot;0&amp;quot; style=&amp;quot;text-align:center&amp;quot;&lt;br /&gt;
|colspan=&amp;quot;5&amp;quot;|&#039;&#039;&#039;AVAILABLE SLAB DEPTHS&amp;lt;br/&amp;gt;AND VOID DATA&#039;&#039;&#039;&lt;br /&gt;
|-&lt;br /&gt;
|colspan=&amp;quot;5&amp;quot;|Truck Loading&lt;br /&gt;
|-&lt;br /&gt;
|T (*)||&amp;amp;nbsp;||&amp;quot;D&amp;quot;||&amp;quot;E&amp;quot;||&amp;quot;F&amp;quot;&lt;br /&gt;
|-&lt;br /&gt;
|17&amp;quot;||colspan=&amp;quot;4&amp;quot; align=&amp;quot;left&amp;quot;|and less - no voids&lt;br /&gt;
|-&lt;br /&gt;
|18&amp;quot;||&amp;amp;nbsp;||9&amp;quot;||15&amp;quot;||21&amp;quot;&lt;br /&gt;
|-&lt;br /&gt;
|19&amp;quot;||(***)||10&amp;quot;||16&amp;quot;||22&amp;quot;&lt;br /&gt;
|-&lt;br /&gt;
|21&amp;quot;||&amp;amp;nbsp;||12&amp;quot;||18&amp;quot;||24&amp;quot;&lt;br /&gt;
|-&lt;br /&gt;
|23&amp;quot;||&amp;amp;nbsp;||14&amp;quot;||20&amp;quot;||26&amp;quot;&lt;br /&gt;
|-&lt;br /&gt;
|25&amp;quot;||&amp;amp;nbsp;||15.7&amp;quot;||22&amp;quot;||28&amp;quot;&lt;br /&gt;
|-&lt;br /&gt;
|26&amp;quot;||&amp;amp;nbsp;||16.7&amp;quot;||23&amp;quot;||29&amp;quot;&lt;br /&gt;
|-&lt;br /&gt;
|28&amp;quot;||&amp;amp;nbsp;||18.7&amp;quot;||25&amp;quot;||31&amp;quot;&lt;br /&gt;
|-&lt;br /&gt;
|30&amp;quot;||&amp;amp;nbsp;||20.85&amp;quot;||27&amp;quot;||33&amp;quot;&lt;br /&gt;
|-&lt;br /&gt;
|colspan=&amp;quot;4&amp;quot;|Pedestrian Overpasses||rowspan=&amp;quot;7&amp;quot;|&amp;amp;nbsp;&lt;br /&gt;
|-&lt;br /&gt;
|T (*)||&amp;amp;nbsp;||&amp;quot;D&amp;quot;||&amp;quot;E&amp;quot;&lt;br /&gt;
|-&lt;br /&gt;
|15&amp;quot;||colspan=&amp;quot;3&amp;quot; align=&amp;quot;left&amp;quot;|and less - no voids&lt;br /&gt;
|-&lt;br /&gt;
|16&amp;quot;||&amp;amp;nbsp;||8&amp;quot;||14&amp;quot;&lt;br /&gt;
|-&lt;br /&gt;
|17&amp;quot;||&amp;amp;nbsp;||9&amp;quot;||15&amp;quot;&lt;br /&gt;
|-&lt;br /&gt;
|18&amp;quot;||&amp;amp;nbsp;||10&amp;quot;||16&amp;quot;&lt;br /&gt;
|-&lt;br /&gt;
|20&amp;quot;||&amp;amp;nbsp;||12&amp;quot;||18&amp;quot;&lt;br /&gt;
|}&lt;br /&gt;
|[[Image:751.40_Slab_Cross_Section_Thru_Void.gif]]&amp;lt;!--column 1 occupied by cell {|border=&amp;quot;3&amp;quot; cellpadding=&amp;quot;2&amp;quot; cellspacing=&amp;quot;0&amp;quot; style=&amp;quot;text-align:center&amp;quot;&lt;br /&gt;
|colspan=&amp;quot;5&amp;quot;|&#039;&#039;&#039;AVAILABLE SLAB DEPTHS&amp;lt;br/&amp;gt;AND VOID DATA&#039;&#039;&#039;&lt;br /&gt;
|-&lt;br /&gt;
|colspan=&amp;quot;5&amp;quot;|Truck Loading&lt;br /&gt;
|-&lt;br /&gt;
|T (*)||&amp;amp;nbsp;||&amp;quot;D&amp;quot;||&amp;quot;E&amp;quot;||&amp;quot;F&amp;quot;&lt;br /&gt;
|-&lt;br /&gt;
|17&amp;quot;||colspan=&amp;quot;4&amp;quot; align=&amp;quot;left&amp;quot;|and less - no voids&lt;br /&gt;
|-&lt;br /&gt;
|18&amp;quot;||&amp;amp;nbsp;||9&amp;quot;||15&amp;quot;||21&amp;quot;&lt;br /&gt;
|-&lt;br /&gt;
|19&amp;quot;||(***)||10&amp;quot;||16&amp;quot;||22&amp;quot;&lt;br /&gt;
|-&lt;br /&gt;
|21&amp;quot;||&amp;amp;nbsp;||12&amp;quot;||18&amp;quot;||24&amp;quot;&lt;br /&gt;
|-&lt;br /&gt;
|23&amp;quot;||&amp;amp;nbsp;||14&amp;quot;||20&amp;quot;||26&amp;quot;&lt;br /&gt;
|-&lt;br /&gt;
|25&amp;quot;||&amp;amp;nbsp;||15.7&amp;quot;||22&amp;quot;||28&amp;quot;&lt;br /&gt;
|-&lt;br /&gt;
|26&amp;quot;||&amp;amp;nbsp;||16.7&amp;quot;||23&amp;quot;||29&amp;quot;&lt;br /&gt;
|-&lt;br /&gt;
|28&amp;quot;||&amp;amp;nbsp;||18.7&amp;quot;||25&amp;quot;||31&amp;quot;&lt;br /&gt;
|-&lt;br /&gt;
|30&amp;quot;||&amp;amp;nbsp;||20.85&amp;quot;||27&amp;quot;||33&amp;quot;&lt;br /&gt;
|-&lt;br /&gt;
|colspan=&amp;quot;4&amp;quot;|Pedestrian Overpasses&lt;br /&gt;
|-&lt;br /&gt;
|T (*)||&amp;amp;nbsp;||&amp;quot;D&amp;quot;||&amp;quot;E&amp;quot;&lt;br /&gt;
|-&lt;br /&gt;
|15&amp;quot;||colspan=&amp;quot;3&amp;quot; align=&amp;quot;left&amp;quot;|and less - no voids&lt;br /&gt;
|-&lt;br /&gt;
|16&amp;quot;||&amp;amp;nbsp;||8&amp;quot;||14&amp;quot;&lt;br /&gt;
|-&lt;br /&gt;
|17&amp;quot;||&amp;amp;nbsp;||9&amp;quot;||15&amp;quot;&lt;br /&gt;
|-&lt;br /&gt;
|18&amp;quot;||&amp;amp;nbsp;||10&amp;quot;||16&amp;quot;&lt;br /&gt;
|-&lt;br /&gt;
|20&amp;quot;||&amp;amp;nbsp;||12&amp;quot;||18&amp;quot;&lt;br /&gt;
|}--&amp;gt;&lt;br /&gt;
|-&lt;br /&gt;
|&#039;&#039;&#039;PART SECTION THRU VOID&#039;&#039;&#039;&amp;lt;!--column 1 occupied by cell {|border=&amp;quot;3&amp;quot; cellpadding=&amp;quot;2&amp;quot; cellspacing=&amp;quot;0&amp;quot; style=&amp;quot;text-align:center&amp;quot;&lt;br /&gt;
|colspan=&amp;quot;5&amp;quot;|&#039;&#039;&#039;AVAILABLE SLAB DEPTHS&amp;lt;br/&amp;gt;AND VOID DATA&#039;&#039;&#039;&lt;br /&gt;
|-&lt;br /&gt;
|colspan=&amp;quot;5&amp;quot;|Truck Loading&lt;br /&gt;
|-&lt;br /&gt;
|T (*)||&amp;amp;nbsp;||&amp;quot;D&amp;quot;||&amp;quot;E&amp;quot;||&amp;quot;F&amp;quot;&lt;br /&gt;
|-&lt;br /&gt;
|17&amp;quot;||colspan=&amp;quot;4&amp;quot; align=&amp;quot;left&amp;quot;|and less - no voids&lt;br /&gt;
|-&lt;br /&gt;
|18&amp;quot;||&amp;amp;nbsp;||9&amp;quot;||15&amp;quot;||21&amp;quot;&lt;br /&gt;
|-&lt;br /&gt;
|19&amp;quot;||(***)||10&amp;quot;||16&amp;quot;||22&amp;quot;&lt;br /&gt;
|-&lt;br /&gt;
|21&amp;quot;||&amp;amp;nbsp;||12&amp;quot;||18&amp;quot;||24&amp;quot;&lt;br /&gt;
|-&lt;br /&gt;
|23&amp;quot;||&amp;amp;nbsp;||14&amp;quot;||20&amp;quot;||26&amp;quot;&lt;br /&gt;
|-&lt;br /&gt;
|25&amp;quot;||&amp;amp;nbsp;||15.7&amp;quot;||22&amp;quot;||28&amp;quot;&lt;br /&gt;
|-&lt;br /&gt;
|26&amp;quot;||&amp;amp;nbsp;||16.7&amp;quot;||23&amp;quot;||29&amp;quot;&lt;br /&gt;
|-&lt;br /&gt;
|28&amp;quot;||&amp;amp;nbsp;||18.7&amp;quot;||25&amp;quot;||31&amp;quot;&lt;br /&gt;
|-&lt;br /&gt;
|30&amp;quot;||&amp;amp;nbsp;||20.85&amp;quot;||27&amp;quot;||33&amp;quot;&lt;br /&gt;
|-&lt;br /&gt;
|colspan=&amp;quot;4&amp;quot;|Pedestrian Overpasses&lt;br /&gt;
|-&lt;br /&gt;
|T (*)||&amp;amp;nbsp;||&amp;quot;D&amp;quot;||&amp;quot;E&amp;quot;&lt;br /&gt;
|-&lt;br /&gt;
|15&amp;quot;||colspan=&amp;quot;3&amp;quot; align=&amp;quot;left&amp;quot;|and less - no voids&lt;br /&gt;
|-&lt;br /&gt;
|16&amp;quot;||&amp;amp;nbsp;||8&amp;quot;||14&amp;quot;&lt;br /&gt;
|-&lt;br /&gt;
|17&amp;quot;||&amp;amp;nbsp;||9&amp;quot;||15&amp;quot;&lt;br /&gt;
|-&lt;br /&gt;
|18&amp;quot;||&amp;amp;nbsp;||10&amp;quot;||16&amp;quot;&lt;br /&gt;
|-&lt;br /&gt;
|20&amp;quot;||&amp;amp;nbsp;||12&amp;quot;||18&amp;quot;&lt;br /&gt;
|}--&amp;gt;&lt;br /&gt;
|-&lt;br /&gt;
|[[Image:751.40_Slab_Cross_Section_-_Detail_C.gif]]&amp;lt;!--column 1 occupied by cell {|border=&amp;quot;3&amp;quot; cellpadding=&amp;quot;2&amp;quot; cellspacing=&amp;quot;0&amp;quot; style=&amp;quot;text-align:center&amp;quot;&lt;br /&gt;
|colspan=&amp;quot;5&amp;quot;|&#039;&#039;&#039;AVAILABLE SLAB DEPTHS&amp;lt;br/&amp;gt;AND VOID DATA&#039;&#039;&#039;&lt;br /&gt;
|-&lt;br /&gt;
|colspan=&amp;quot;5&amp;quot;|Truck Loading&lt;br /&gt;
|-&lt;br /&gt;
|T (*)||&amp;amp;nbsp;||&amp;quot;D&amp;quot;||&amp;quot;E&amp;quot;||&amp;quot;F&amp;quot;&lt;br /&gt;
|-&lt;br /&gt;
|17&amp;quot;||colspan=&amp;quot;4&amp;quot; align=&amp;quot;left&amp;quot;|and less - no voids&lt;br /&gt;
|-&lt;br /&gt;
|18&amp;quot;||&amp;amp;nbsp;||9&amp;quot;||15&amp;quot;||21&amp;quot;&lt;br /&gt;
|-&lt;br /&gt;
|19&amp;quot;||(***)||10&amp;quot;||16&amp;quot;||22&amp;quot;&lt;br /&gt;
|-&lt;br /&gt;
|21&amp;quot;||&amp;amp;nbsp;||12&amp;quot;||18&amp;quot;||24&amp;quot;&lt;br /&gt;
|-&lt;br /&gt;
|23&amp;quot;||&amp;amp;nbsp;||14&amp;quot;||20&amp;quot;||26&amp;quot;&lt;br /&gt;
|-&lt;br /&gt;
|25&amp;quot;||&amp;amp;nbsp;||15.7&amp;quot;||22&amp;quot;||28&amp;quot;&lt;br /&gt;
|-&lt;br /&gt;
|26&amp;quot;||&amp;amp;nbsp;||16.7&amp;quot;||23&amp;quot;||29&amp;quot;&lt;br /&gt;
|-&lt;br /&gt;
|28&amp;quot;||&amp;amp;nbsp;||18.7&amp;quot;||25&amp;quot;||31&amp;quot;&lt;br /&gt;
|-&lt;br /&gt;
|30&amp;quot;||&amp;amp;nbsp;||20.85&amp;quot;||27&amp;quot;||33&amp;quot;&lt;br /&gt;
|-&lt;br /&gt;
|colspan=&amp;quot;4&amp;quot;|Pedestrian Overpasses&lt;br /&gt;
|-&lt;br /&gt;
|T (*)||&amp;amp;nbsp;||&amp;quot;D&amp;quot;||&amp;quot;E&amp;quot;&lt;br /&gt;
|-&lt;br /&gt;
|15&amp;quot;||colspan=&amp;quot;3&amp;quot; align=&amp;quot;left&amp;quot;|and less - no voids&lt;br /&gt;
|-&lt;br /&gt;
|16&amp;quot;||&amp;amp;nbsp;||8&amp;quot;||14&amp;quot;&lt;br /&gt;
|-&lt;br /&gt;
|17&amp;quot;||&amp;amp;nbsp;||9&amp;quot;||15&amp;quot;&lt;br /&gt;
|-&lt;br /&gt;
|18&amp;quot;||&amp;amp;nbsp;||10&amp;quot;||16&amp;quot;&lt;br /&gt;
|-&lt;br /&gt;
|20&amp;quot;||&amp;amp;nbsp;||12&amp;quot;||18&amp;quot;&lt;br /&gt;
|}--&amp;gt;&lt;br /&gt;
|-&lt;br /&gt;
|&#039;&#039;&#039;DETAIL &amp;quot;C&amp;quot;&#039;&#039;&#039;&amp;lt;!--column 1 occupied by cell {|border=&amp;quot;3&amp;quot; cellpadding=&amp;quot;2&amp;quot; cellspacing=&amp;quot;0&amp;quot; style=&amp;quot;text-align:center&amp;quot;&lt;br /&gt;
|colspan=&amp;quot;5&amp;quot;|&#039;&#039;&#039;AVAILABLE SLAB DEPTHS&amp;lt;br/&amp;gt;AND VOID DATA&#039;&#039;&#039;&lt;br /&gt;
|-&lt;br /&gt;
|colspan=&amp;quot;5&amp;quot;|Truck Loading&lt;br /&gt;
|-&lt;br /&gt;
|T (*)||&amp;amp;nbsp;||&amp;quot;D&amp;quot;||&amp;quot;E&amp;quot;||&amp;quot;F&amp;quot;&lt;br /&gt;
|-&lt;br /&gt;
|17&amp;quot;||colspan=&amp;quot;4&amp;quot; align=&amp;quot;left&amp;quot;|and less - no voids&lt;br /&gt;
|-&lt;br /&gt;
|18&amp;quot;||&amp;amp;nbsp;||9&amp;quot;||15&amp;quot;||21&amp;quot;&lt;br /&gt;
|-&lt;br /&gt;
|19&amp;quot;||(***)||10&amp;quot;||16&amp;quot;||22&amp;quot;&lt;br /&gt;
|-&lt;br /&gt;
|21&amp;quot;||&amp;amp;nbsp;||12&amp;quot;||18&amp;quot;||24&amp;quot;&lt;br /&gt;
|-&lt;br /&gt;
|23&amp;quot;||&amp;amp;nbsp;||14&amp;quot;||20&amp;quot;||26&amp;quot;&lt;br /&gt;
|-&lt;br /&gt;
|25&amp;quot;||&amp;amp;nbsp;||15.7&amp;quot;||22&amp;quot;||28&amp;quot;&lt;br /&gt;
|-&lt;br /&gt;
|26&amp;quot;||&amp;amp;nbsp;||16.7&amp;quot;||23&amp;quot;||29&amp;quot;&lt;br /&gt;
|-&lt;br /&gt;
|28&amp;quot;||&amp;amp;nbsp;||18.7&amp;quot;||25&amp;quot;||31&amp;quot;&lt;br /&gt;
|-&lt;br /&gt;
|30&amp;quot;||&amp;amp;nbsp;||20.85&amp;quot;||27&amp;quot;||33&amp;quot;&lt;br /&gt;
|-&lt;br /&gt;
|colspan=&amp;quot;4&amp;quot;|Pedestrian Overpasses&lt;br /&gt;
|-&lt;br /&gt;
|T (*)||&amp;amp;nbsp;||&amp;quot;D&amp;quot;||&amp;quot;E&amp;quot;&lt;br /&gt;
|-&lt;br /&gt;
|15&amp;quot;||colspan=&amp;quot;3&amp;quot; align=&amp;quot;left&amp;quot;|and less - no voids&lt;br /&gt;
|-&lt;br /&gt;
|16&amp;quot;||&amp;amp;nbsp;||8&amp;quot;||14&amp;quot;&lt;br /&gt;
|-&lt;br /&gt;
|17&amp;quot;||&amp;amp;nbsp;||9&amp;quot;||15&amp;quot;&lt;br /&gt;
|-&lt;br /&gt;
|18&amp;quot;||&amp;amp;nbsp;||10&amp;quot;||16&amp;quot;&lt;br /&gt;
|-&lt;br /&gt;
|20&amp;quot;||&amp;amp;nbsp;||12&amp;quot;||18&amp;quot;&lt;br /&gt;
|}--&amp;gt;&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
{|border=&amp;quot;0&amp;quot;&lt;br /&gt;
&lt;br /&gt;
|colspan=&amp;quot;2&amp;quot;|Notes:&lt;br /&gt;
|-&lt;br /&gt;
|(*)||Increase the Dimension &amp;quot;T&amp;quot; by 1/2&amp;quot; for #14 bars placed in the top or bottom of the slab.&lt;br /&gt;
|-&lt;br /&gt;
|&amp;amp;nbsp;||Increase the Dimension &amp;quot;T&amp;quot; by 1&amp;quot; for #14 bars placed in the top and bottom of the slab.&lt;br /&gt;
|-&lt;br /&gt;
|&amp;amp;nbsp;||(&amp;quot;T&amp;quot; and &amp;quot;D&amp;quot; are based on 3&amp;quot; clearance which includes the integral wearing surface to the top of the longitudinal bar.)&lt;br /&gt;
|-&lt;br /&gt;
|&amp;amp;nbsp;&lt;br /&gt;
|-&lt;br /&gt;
|(**)||For Roadways with slab drains, use 10&amp;quot; minimum. For Roadways that require additional reinforcement for resisting moment of the edge beam 20&amp;quot; minimum, refer to [[#751.40.5.1 Structure with Wearing Surface Slab Drains - Details|EPG 751.40.5.1 Structure with Wearing Surface Slab Drains - Details]]. &lt;br /&gt;
|-&lt;br /&gt;
|&amp;amp;nbsp;&lt;br /&gt;
|-&lt;br /&gt;
|(***)||Preferred minimum (Consult the Structural Project Manager prior to the use of a thinner slab.)&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Voided Slab Spans&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
{|border=&amp;quot;1&amp;quot; cellpadding=&amp;quot;5&amp;quot; cellspacing=&amp;quot;0&amp;quot; align=&amp;quot;center&amp;quot; style=&amp;quot;text-align:center&amp;quot;&lt;br /&gt;
&lt;br /&gt;
|Void Dia.&amp;lt;br/&amp;gt;(in.)||Area&amp;lt;br/&amp;gt;(sq.ft.)||Area&amp;lt;br/&amp;gt;(sq.in.)||Moment&amp;lt;br/&amp;gt;of Inertia&amp;lt;br/&amp;gt;(ft.&amp;lt;sup&amp;gt;4&amp;lt;/sup&amp;gt;)||Moment&amp;lt;br/&amp;gt;of Inertia&amp;lt;br/&amp;gt;(in.&amp;lt;sup&amp;gt;4&amp;lt;/sup&amp;gt;)||Weight&amp;lt;br/&amp;gt;(lb./ft.)&lt;br /&gt;
|-&lt;br /&gt;
|8.00||0.3490||50.2656||0.0096||201.0624||52.35&lt;br /&gt;
|-&lt;br /&gt;
|9.00||0.4417||63.6174||0.0155||322.0630||66.26&lt;br /&gt;
|-&lt;br /&gt;
|10.00||0.5454||78.5400||0.0236||490.8750||81.81&lt;br /&gt;
|-&lt;br /&gt;
|12.00||0.7854||113.0976||0.0490||1017.8784||117.81&lt;br /&gt;
|-&lt;br /&gt;
|14.00||1.0690||153.9384||0.0909||1885.7454||160.35&lt;br /&gt;
|-&lt;br /&gt;
|15.70||1.3443||193.5932||0.1438||2982.4242||201.66&lt;br /&gt;
|-&lt;br /&gt;
|16.70||1.5211||219.0402||0.1841||3818.0075||228.17&lt;br /&gt;
|-&lt;br /&gt;
|18.70||1.9072||274.6465||0.2894||6002.5789||286.09&lt;br /&gt;
|-&lt;br /&gt;
|20.85||2.3710||341.4310||0.4473||9276.7336||355.65&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
=====751.40.8.9.1.5 Slab Reinforcement=====&lt;br /&gt;
&lt;br /&gt;
&amp;amp;nbsp;&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;HOLLOW SLABS&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&amp;lt;center&amp;gt;[[Image:751.40_Slab_Reinf_-_Positive_Moment.gif]]&amp;lt;/center&amp;gt;&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&amp;lt;center&amp;gt;&#039;&#039;&#039;DETAIL &amp;quot;A&amp;quot;&amp;lt;br/&amp;gt;(POSITIVE MOMENT)&#039;&#039;&#039;&amp;lt;/center&amp;gt;&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&amp;lt;center&amp;gt;[[Image:751.40_Slab_Reinf_-_Negative_Moment.gif]]&amp;lt;/center&amp;gt;&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&amp;lt;center&amp;gt;&#039;&#039;&#039;DETAIL &amp;quot;B&amp;quot;&amp;lt;br/&amp;gt;(NEGATIVE MOMENT)&#039;&#039;&#039;&amp;lt;/center&amp;gt;&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
{|border=&amp;quot;3&amp;quot; cellpadding=&amp;quot;4&amp;quot; cellspacing=&amp;quot;0&amp;quot; align=&amp;quot;center&amp;quot; style=&amp;quot;text-align:center&amp;quot;&lt;br /&gt;
&lt;br /&gt;
|Longitudinal Reinforcement&amp;lt;br/&amp;gt;(Largest Bar)||width=&amp;quot;50&amp;quot;|&amp;quot;G&amp;quot;&lt;br /&gt;
|-&lt;br /&gt;
|#8||3-5/8&amp;quot;&lt;br /&gt;
|-&lt;br /&gt;
|#9||3-3/4&amp;quot;&lt;br /&gt;
|-&lt;br /&gt;
|#10||3-7/8&amp;quot;&lt;br /&gt;
|-&lt;br /&gt;
|#11||4&amp;quot;&lt;br /&gt;
|-&lt;br /&gt;
|#14||4-3/8&amp;quot;&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Moment Curves&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
{|border=&amp;quot;0&amp;quot;&lt;br /&gt;
&lt;br /&gt;
|valign=&amp;quot;top&amp;quot;|1.||Determine reinforcing steel from the sum of the dead loads and the live loads + impact (working stress design) or design in accordance with AASHTO Article 8.16 and 8.9 (load factor design).&lt;br /&gt;
|-&lt;br /&gt;
|valign=&amp;quot;top&amp;quot;|2.||Determine the cut-off points for the stress bars in sets of 2 or 3.&amp;lt;br/&amp;gt;Maximum length = 60&#039;-0&amp;quot;, see AASHTO Article 8.24 for extension of reinforcement.&lt;br /&gt;
|-&lt;br /&gt;
|3.||Determine the drop panel width:&lt;br /&gt;
|-&lt;br /&gt;
|&amp;amp;nbsp;||Minimum width = Column diameter plus 2~6&amp;quot;.&amp;lt;br/&amp;gt;Maximum width = (Parallel to the centerline of roadway) as determined by deign).&lt;br /&gt;
|-&lt;br /&gt;
|&amp;amp;nbsp;||In general, the width of the drop panel normal to centerline bent should be adjusted to 6&amp;quot; increments.&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;SOLID SLABS (BOTTOM)&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
Use AASHTO 3.24.10 Distribution Reinforcement shall be a percentage of positive moment reinforcement (% = 100/√S, with a maximum of 50%).&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;EDGE BEAM&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
{|border=&amp;quot;0&amp;quot;&lt;br /&gt;
&lt;br /&gt;
|colspan=&amp;quot;3&amp;quot;|Positive Moment:&lt;br /&gt;
|-&lt;br /&gt;
|colspan=&amp;quot;3&amp;quot;|The bridge curb is not to be used in determining the resisting moment of the edge beam.&lt;br /&gt;
|-&lt;br /&gt;
|valign=&amp;quot;top&amp;quot;|Dead Load:||colspan=&amp;quot;2&amp;quot;|Use the same distribution as for the slab design.&amp;lt;br/&amp;gt;Use for simple spans 0.1 PS.&lt;br /&gt;
|-&lt;br /&gt;
|colspan=&amp;quot;3&amp;quot;|Live Load + I: AASHTO Article 3.24.8&lt;br /&gt;
|-&lt;br /&gt;
|&amp;amp;nbsp;||colspan=&amp;quot;2&amp;quot;|Use for negative moment on continuous spans 0.1 PS.&amp;lt;br/&amp;gt;Use for positive moment on continuous spans 0.08 PS.&lt;br /&gt;
|-&lt;br /&gt;
|&amp;amp;nbsp;||Where||P = Wheel load in pounds, see [[#Cantilever Moment|EPG 751.40.8.5.1.1 Cantilever Moment]].&lt;br /&gt;
|-&lt;br /&gt;
|&amp;amp;nbsp;||&amp;amp;nbsp;||S = Span in feet&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&amp;lt;center&amp;gt;[[Image:751.40_Slab_Reinf_-_Edge_Beam_Detail.gif]]&amp;lt;/center&amp;gt;&lt;br /&gt;
&lt;br /&gt;
=====751.40.8.9.1.6 Shear=====&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Shear Loads&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
The shear in the Hollow Slab should be computed for all loadings H20 and over.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Distribution of Loads&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
Use the same distribution for the dead and live load as was used for the moment.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Unit Shear Stress&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
{|border=&amp;quot;0&amp;quot; &lt;br /&gt;
&lt;br /&gt;
|colspan=&amp;quot;4&amp;quot;|Load Factor:&lt;br /&gt;
|-&lt;br /&gt;
|&amp;amp;nbsp;||Shear Stress||=||&amp;lt;math&amp;gt;\, Vu = \frac{Vu}{\phi(Bd - voids~area)}&amp;lt;/math&amp;gt;&lt;br /&gt;
|-&lt;br /&gt;
|colspan=&amp;quot;4&amp;quot;|Working Stress:&lt;br /&gt;
|-&lt;br /&gt;
|&amp;amp;nbsp;||Shear Stress||=||&amp;lt;math&amp;gt;\, v = \frac{v}{(Bd - Area~of~voids)}&amp;lt;/math&amp;gt;&lt;br /&gt;
|-&lt;br /&gt;
|colspan=&amp;quot;4&amp;quot;|Where &amp;quot;d&amp;quot; = effective depth, &amp;lt;math&amp;gt;\phi&amp;lt;/math&amp;gt; = 0.85 for shear&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&amp;lt;center&amp;gt;[[Image:751.40_Slab_Shear_Stress_Elevation.gif]]&amp;lt;/center&amp;gt;&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Allowable Shear Stress&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
{|border=&amp;quot;0&amp;quot;&lt;br /&gt;
&lt;br /&gt;
|colspan=&amp;quot;2&amp;quot;|Load Factor:&lt;br /&gt;
|-&lt;br /&gt;
|width=&amp;quot;20&amp;quot;|&amp;amp;nbsp;||&amp;lt;math&amp;gt;\, Vc = 2.0\sqrt{f&#039;c}&amp;lt;/math&amp;gt;&lt;br /&gt;
|-&lt;br /&gt;
|&amp;amp;nbsp;||Where Vc = shear strength provided by concrete&lt;br /&gt;
|-&lt;br /&gt;
|&amp;amp;nbsp;&lt;br /&gt;
|-&lt;br /&gt;
|colspan=&amp;quot;2&amp;quot;|Working Stress:&lt;br /&gt;
|-&lt;br /&gt;
|&amp;amp;nbsp;||&amp;lt;math&amp;gt;\, Vc = 0.95\sqrt{f&#039;c}&amp;lt;/math&amp;gt;&lt;br /&gt;
|-&lt;br /&gt;
|&amp;amp;nbsp;&lt;br /&gt;
|-&lt;br /&gt;
|&amp;amp;nbsp;||Where Vc = Allowable shear stress carried by concrete&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
If shear stress (load) exceeds the allowable shear use one or more of the following solutions.&lt;br /&gt;
&lt;br /&gt;
# Eliminate some voids and replace remainder.&lt;br /&gt;
# Shorten alternate voids&lt;br /&gt;
# Use shear reinforcing in the critical zone.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&amp;lt;center&amp;gt;[[Image:751.40_Slab_Shear_Stress_Diagram.gif]]&amp;lt;/center&amp;gt;&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
Note:&amp;lt;br/&amp;gt;Consider a voided slab the same as a regular slab as it pertains to the minimum stirrups (AASHTO - Article 8.19).&amp;lt;br/&amp;gt;i.e. The minimum stirrups are not required if the shear stress is less than allowable.&lt;br /&gt;
&lt;br /&gt;
=====751.40.8.9.1.7 Camber Deflection=====&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Ultimate Deflection:&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
Compute the &amp;quot;ultimate deflection&amp;quot; at 0.2 points of the spans for the dead loads without the 35# future wearing surface.&lt;br /&gt;
&lt;br /&gt;
Ultimate deflection (long term) = elastic deflection x 3&lt;br /&gt;
&lt;br /&gt;
{|border=&amp;quot;0&amp;quot;&lt;br /&gt;
&lt;br /&gt;
|Ec (Elastic Modulus) =|| &amp;lt;math&amp;gt;\, 4 \times 10^6&amp;lt;/math&amp;gt; psi (districts 1 and 4)&lt;br /&gt;
|-&lt;br /&gt;
|&amp;amp;nbsp;||&amp;lt;math&amp;gt;\, 6 \times 10^6&amp;lt;/math&amp;gt; psi (remainder of districts)&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
The modulus of elasticity for the use in a continuous structure analysis computer program should be determined as follows:&lt;br /&gt;
&lt;br /&gt;
{|border=&amp;quot;0&amp;quot;&lt;br /&gt;
&lt;br /&gt;
|&amp;lt;math&amp;gt;\, \Delta_{ULT}&amp;lt;/math&amp;gt;||=||&amp;lt;math&amp;gt;\, 3 \times  \Delta_{ELASTIC}&amp;lt;/math&amp;gt;&lt;br /&gt;
|-&lt;br /&gt;
|&amp;lt;math&amp;gt;\, \Delta_{ELASTIC}&amp;lt;/math&amp;gt;||=||&amp;lt;math&amp;gt;\, Coeff./E_c&amp;lt;/math&amp;gt;&lt;br /&gt;
|-&lt;br /&gt;
|&amp;lt;math&amp;gt;\, \Delta_{ULT}&amp;lt;/math&amp;gt;||=||&amp;lt;math&amp;gt;\, (Coeff./E_c \times 3 = Coeff./(E_c / 3)&amp;lt;/math&amp;gt;&lt;br /&gt;
|-&lt;br /&gt;
|&amp;amp;nbsp;&lt;br /&gt;
|-&lt;br /&gt;
|Where:&lt;br /&gt;
|-&lt;br /&gt;
|&amp;lt;math&amp;gt;\, \Delta&amp;lt;/math&amp;gt;||=||deflection.&lt;br /&gt;
|-&lt;br /&gt;
|&amp;lt;math&amp;gt;\, \Delta_{ULT}&amp;lt;/math&amp;gt;||=||Ultimate deflection&lt;br /&gt;
|-&lt;br /&gt;
|&amp;lt;math&amp;gt;\, \Delta_{ELASTIC}&amp;lt;/math&amp;gt;||=||Elastic deflection&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Example No. 1&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
(Assume bridge is in District 8)&lt;br /&gt;
&lt;br /&gt;
{|border=&amp;quot;0&amp;quot;&lt;br /&gt;
&lt;br /&gt;
|&amp;lt;math&amp;gt;\, E_c&amp;lt;/math&amp;gt;||=|| &amp;lt;math&amp;gt;\, 6 \times 10^6 psi&amp;lt;/math&amp;gt;&lt;br /&gt;
|-&lt;br /&gt;
|&amp;lt;math&amp;gt;\, \Delta_{ULT}&amp;lt;/math&amp;gt;||=||&amp;lt;math&amp;gt;\, Coeff. / (6/3) = Coeff./2&amp;lt;/math&amp;gt;&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
Therefore, use 2 \times 10&amp;lt;sup&amp;gt;6&amp;lt;/sup&amp;gt; psi for modulus of elasticity in the structure analysis computer program to get ultimate deflection. (*)&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Example No. 2&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
(Assume bridge is in District 1)&lt;br /&gt;
&lt;br /&gt;
{|border=&amp;quot;0&amp;quot;&lt;br /&gt;
&lt;br /&gt;
|&amp;lt;math&amp;gt;\, E_c&amp;lt;/math&amp;gt;||=||&amp;lt;math&amp;gt;\, 4 \times 10^6 psi&amp;lt;/math&amp;gt;&lt;br /&gt;
|-&lt;br /&gt;
|&amp;lt;math&amp;gt;\, \Delta_{ULT}&amp;lt;/math&amp;gt;||=||&amp;lt;math&amp;gt;\, Coeff. / (4/3) = Coeff./1.333&amp;lt;/math&amp;gt;&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
Therefore, use &amp;lt;math&amp;gt;\, 1.333 \times 10^6&amp;lt;/math&amp;gt; psi for modulus of elasticity in the structure analysis computer program to get ultimate deflection. (*)&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
(*) Gives long term deflection as output.&lt;br /&gt;
&lt;br /&gt;
=====751.40.8.9.1.8 Slab Construction Joint Details=====&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&amp;lt;center&amp;gt;[[Image:751.40_Slab_Const_Jt_Key_(Slab_Depth_17_in_or_more).gif]]&amp;lt;/center&amp;gt;&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&amp;lt;center&amp;gt;&#039;&#039;&#039;DETAILS OF SLAB CONSTRUCTION JOINT KEY&amp;lt;br/&amp;gt;(FOR SLAB DEPTHS 17&amp;quot; OR MORE)&#039;&#039;&#039;&amp;lt;/center&amp;gt;&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&amp;lt;center&amp;gt;[[Image:751.40_Slab_Const_Jt_Key_(Slab_Depth_16.5_in_or_less).gif]]&amp;lt;/center&amp;gt;&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&amp;lt;center&amp;gt;&#039;&#039;&#039;DETAILS OF SLAB CONSTRUCTION JOINT KEY&amp;lt;br/&amp;gt;(FOR SLAB DEPTHS 16½&amp;quot; OR LESS)&#039;&#039;&#039;&amp;lt;/center&amp;gt;&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&amp;lt;center&amp;gt;[[Image:751.40_Slab_Const_Jt_Void_Spacing.gif]]&amp;lt;/center&amp;gt;&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&amp;lt;center&amp;gt;&#039;&#039;&#039;VOID SPACING AT LONGITUDINAL CONSTRUCTION JOINT&#039;&#039;&#039;&amp;lt;/center&amp;gt;&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
====751.40.8.9.2 End Bents====&lt;br /&gt;
&lt;br /&gt;
=====751.40.8.9.2.1 Pile Cap Bents=====&lt;br /&gt;
&lt;br /&gt;
&amp;lt;center&amp;gt;[[Image:751.40_End_Bent_(Pile_Cap_Sections).gif]]&amp;lt;/center&amp;gt;&lt;br /&gt;
&lt;br /&gt;
&amp;lt;center&amp;gt;* See Bridge Memorandum for maximum slope of spill fill.&amp;lt;/center&amp;gt;&lt;br /&gt;
&lt;br /&gt;
{|border=&amp;quot;0&amp;quot; align=&amp;quot;center&amp;quot; style=&amp;quot;text-align:center&amp;quot;&lt;br /&gt;
&lt;br /&gt;
|width=&amp;quot;275&amp;quot;|&#039;&#039;&#039;SECTION THRU WING&#039;&#039;&#039;||width=&amp;quot;175&amp;quot; align=&amp;quot;right&amp;quot;|&#039;&#039;&#039;SECTION A-A&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&amp;lt;center&amp;gt;[[Image:751.40_End_Bent_(Pile_Cap_Elevation).gif]]&amp;lt;/center&amp;gt;&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&amp;lt;center&amp;gt;&#039;&#039;&#039;ELEVATION&#039;&#039;&#039;&amp;lt;/center&amp;gt;&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&amp;lt;center&amp;gt;[[Image:751.40_End_Bent_(Pile_Cap_Plan_(SQ)).gif]]&amp;lt;/center&amp;gt;&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&amp;lt;center&amp;gt;&#039;&#039;&#039;PLAN (SQUARE)&#039;&#039;&#039;&amp;lt;/center&amp;gt;&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
{|border=&amp;quot;0&amp;quot; align=&amp;quot;center&amp;quot;&lt;br /&gt;
&lt;br /&gt;
|width=&amp;quot;300&amp;quot;|(1) Wing brace details.||[[Image:751.40_End_Bent_(Pile_Cap_Detail_B).gif]]&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&amp;lt;center&amp;gt;[[Image:751.40_End_Bent_(Pile_Cap_Plan_(Skewed)).gif]]&amp;lt;/center&amp;gt;&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&amp;lt;center&amp;gt;&#039;&#039;&#039;PLAN (SKEWED)&#039;&#039;&#039;&amp;lt;/center&amp;gt;&lt;br /&gt;
&lt;br /&gt;
&amp;lt;center&amp;gt;(*) Use the same Dimension (centerline Curb Joint) as the opposite side when the wings are the same length.&amp;lt;/center&amp;gt;&lt;br /&gt;
&lt;br /&gt;
=====751.40.8.9.2.2 Integral Column Bents=====&lt;br /&gt;
&#039;&#039;&#039;SEISMIC PERFORMANCE CATEGORY A&amp;lt;BR/&amp;gt;(PINNED COLUMN AT TOP AND BOTTOM)&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&amp;lt;center&amp;gt;[[Image:751.40_End_Bent_(Integral_Column_Part_Section).gif]]&amp;lt;/center&amp;gt;&lt;br /&gt;
&lt;br /&gt;
&amp;lt;center&amp;gt;&#039;&#039;&#039;PART SECTION&#039;&#039;&#039;&amp;lt;/center&amp;gt;&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
{|border=&amp;quot;0&amp;quot; style=&amp;quot;text-align:center&amp;quot; align=&amp;quot;center&amp;quot;&lt;br /&gt;
&lt;br /&gt;
|rowspan=&amp;quot;3&amp;quot;|[[Image:751.40_End_Bent_(Integral_Column_Pinned_Column).gif]]||[[Image:751.40_End_Bent_(Integral_Column_Section_AA).gif]]&lt;br /&gt;
|-&lt;br /&gt;
|&#039;&#039;&#039;SECTION A-A&#039;&#039;&#039;&amp;lt;!--column 1 occupied by cell [[Image:751.40_End_Bent_(Integral_Column_Pinned_Column).gif]]--&amp;gt;&lt;br /&gt;
|-&lt;br /&gt;
|[[Image:751.40_End_Bent_(Integral_Column_Section_BB).gif]]&amp;lt;!--column 1 occupied by cell [[Image:751.40_End_Bent_(Integral_Column_Pinned_Column).gif]]--&amp;gt;&lt;br /&gt;
|-&lt;br /&gt;
|&#039;&#039;&#039;PINNED COLUMN&#039;&#039;&#039;||&#039;&#039;&#039;SECTION B-B&#039;&#039;&#039;&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
Note:  If the columns at an end bent have excessive moments due to shortness of the Column or length of the span, they should be detailed as &amp;quot;pinned&amp;quot; and designed for vertical reactions only.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;SEISMIC PERFORMANCE CATEGORIES B, C &amp;amp; D&amp;lt;BR/&amp;gt;(PINNED COLUMN AT TOP, FIXED COLUMN AT BOTTOM)&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
For pinned column conditions at the top, see the above details.&amp;lt;br/&amp;gt;For fixed column conditions at the bottom and column reinforcement details.&lt;br /&gt;
&lt;br /&gt;
Note:  For details not shown, see integral pile cap details.&lt;br /&gt;
&lt;br /&gt;
=====751.40.8.9.2.3 Reinforcement - Pile Cap Bents=====&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&amp;lt;center&amp;gt;[[Image:751.40_Reinforcement_-_Pile_Cap_Section_1_(Slab_Depth_less_than_16_in).gif]]&amp;lt;/center&amp;gt;&lt;br /&gt;
&lt;br /&gt;
&amp;lt;center&amp;gt;&#039;&#039;&#039;SECTION THRU END BENT&amp;lt;BR/&amp;gt;(Slab depth less than 16&amp;quot;)&#039;&#039;&#039;&amp;lt;/center&amp;gt;&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&amp;lt;center&amp;gt;[[Image:751.40_Reinforcement_-_Pile_Cap_Section_2_(Slab_Depth_16_in_or_more).gif]]&amp;lt;/center&amp;gt;&lt;br /&gt;
&lt;br /&gt;
&amp;lt;center&amp;gt;&#039;&#039;&#039;SECTION THRU END BENT&amp;lt;BR/&amp;gt;(Slab depth 16&amp;quot; or more)&#039;&#039;&#039;&amp;lt;/center&amp;gt;&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
(**) Development length for top bar minimum.&lt;br /&gt;
&lt;br /&gt;
=====751.40.8.9.2.4 Reinforcement - Wing=====&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&amp;lt;center&amp;gt;[[Image:751.40_Reinforcement_-_Wing_(Elevation_&amp;amp;_Part_Section).gif]]&amp;lt;/center&amp;gt;&lt;br /&gt;
&lt;br /&gt;
{|border=&amp;quot;0&amp;quot; style=&amp;quot;text-align:center&amp;quot; align=&amp;quot;right&amp;quot;&lt;br /&gt;
&lt;br /&gt;
|width=&amp;quot;225&amp;quot;|&#039;&#039;&#039;ELEVATION OF WING&#039;&#039;&#039;||width=&amp;quot;375&amp;quot;|&#039;&#039;&#039;PART SECTION THRU WING&#039;&#039;&#039;&lt;br /&gt;
|-&lt;br /&gt;
|align=&amp;quot;left&amp;quot; colspan=&amp;quot;2&amp;quot;|(*) Clip K bars as required to maintain&amp;lt;br/&amp;gt;minimum clearance at bottom of wing.&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&amp;amp;nbsp;&lt;br /&gt;
&amp;amp;nbsp;&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&amp;lt;center&amp;gt;[[Image:751.40_Reinforcement_-_Wing_(Section_AA_&amp;amp;_Part_Section_Thru_End).gif]]&amp;lt;/center&amp;gt;&lt;br /&gt;
&lt;br /&gt;
{|border=&amp;quot;0&amp;quot; style=&amp;quot;text-align:center&amp;quot; align=&amp;quot;right&amp;quot;&lt;br /&gt;
&lt;br /&gt;
|width=&amp;quot;225&amp;quot;|&#039;&#039;&#039;SECTION A-A&#039;&#039;&#039;&amp;lt;BR/&amp;gt;(K-bars not shown for clarity)||width=&amp;quot;375&amp;quot;|&#039;&#039;&#039;PART SECTION THRU&amp;lt;BR/&amp;gt;END OF WING&#039;&#039;&#039;&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
&amp;amp;nbsp;&lt;br /&gt;
&lt;br /&gt;
&amp;amp;nbsp;&lt;br /&gt;
&lt;br /&gt;
Note: See _____ for &amp;lt;u&amp;gt;barrier&amp;lt;/u&amp;gt; &amp;lt;u&amp;gt;railing&amp;lt;/u&amp;gt; details and spacing of K-bars.&lt;br /&gt;
&lt;br /&gt;
=====751.40.8.9.2.5 Design Assumptions for Integral Piles=====&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Seismic Performance Category A&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
Piles may be considered as &amp;quot;pinned&amp;quot; (for superstructure) at the pile cap and designed for vertical loads only unless they fall under the following general conditions in which case they should be checked for the loadings as specified for columns.&lt;br /&gt;
&lt;br /&gt;
{|border=&amp;quot;0&amp;quot;&lt;br /&gt;
&lt;br /&gt;
|1.||Height from centerline of slab to &amp;quot;pin&amp;quot; is less than 15&#039;.&lt;br /&gt;
|-&lt;br /&gt;
|&amp;amp;nbsp;||The location of the pinned joint is arbitratily taken as about 1/3 of the length of long piles or at a point about 10&#039; below the natural ground line.&lt;br /&gt;
|-&lt;br /&gt;
|2.||Piles having a large gross moment of inertia (cast-in-place concrete) gross I of steel BP = I x n.&lt;br /&gt;
|-&lt;br /&gt;
|3.||The number of piles used on a fairly long structure is small.&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Seismic Performance Categories B, C &amp;amp; D&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
Piles shall be checked for combined axial and bending stresses for seismic loading conditions.  For AASHTO group loads I thru VI as applicable, follow criteria noted above for seismic performance category A.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
====751.40.8.9.3 Intermediate Bents====&lt;br /&gt;
=====751.40.8.9.3.1 Integral Bents=====&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&amp;lt;center&amp;gt;[[Image:751.40_Intermediate_Bents_(Integral_Bents_Half_Section).gif]]&amp;lt;/center&amp;gt;&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&amp;lt;center&amp;gt;&#039;&#039;&#039;HALF SECTION&#039;&#039;&#039;&amp;lt;/center&amp;gt;&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
(*) 25&#039;-0&amp;quot; is the max. column spacing allowed.  However, the footing pressure may be the controlling factor for the column spacing.  It is suggested that a rough check be made of the footing pressure before the spacing is definitely established.&lt;br /&gt;
&lt;br /&gt;
In congested areas, when it is desired to keep the number of columns to a min., larger column spacings may be desirable.  (consult the Structural Project Manager).&lt;br /&gt;
&lt;br /&gt;
In general, use two 2&#039;-6&amp;quot; columns for Roadways thru 44&#039;-0&amp;quot; and additional 2&#039;-6&amp;quot; columns for wider Roadways.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;SEISMIC PERFORMANCE CATEGORY A&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&amp;lt;center&amp;gt;[[Image:751.40_Intermediate_Bents_(Integral_Bents_Category_A_Half_Section).gif]]&amp;lt;/center&amp;gt;&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&amp;lt;center&amp;gt;&#039;&#039;&#039;HALF SECTION&#039;&#039;&#039;&amp;lt;/center&amp;gt;&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&amp;lt;center&amp;gt;[[Image:751.40_Intermediate_Bents_(Integral_Bents_Category_A_Part_Section_AA).gif]]&amp;lt;/center&amp;gt;&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&amp;lt;center&amp;gt;&#039;&#039;&#039;PART SECTION A-A&#039;&#039;&#039;&amp;lt;/center&amp;gt;&lt;br /&gt;
&lt;br /&gt;
=====751.40.8.9.3.2 Integral Column Bent with Drop Panel=====&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
{|border=&amp;quot;0&amp;quot; align=&amp;quot;center&amp;quot;&lt;br /&gt;
&lt;br /&gt;
|[[Image:751.40_Intermediate_Bents_-_Integral_Column_Bents_with_Drop_Panel_(Part_Section).gif]]||valign=&amp;quot;top&amp;quot;|&#039;&#039;&#039;&amp;lt;u&amp;gt;ATTENTION DETAILER:&amp;lt;/u&amp;gt;&#039;&#039;&#039;&amp;lt;br/&amp;gt;When detailing Int. Bents on SPS the Section thru drop panel shall be drawn to appropriate grade.&lt;br /&gt;
|-&lt;br /&gt;
|align=&amp;quot;center&amp;quot;|&#039;&#039;&#039;PART SECTION&#039;&#039;&#039;&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&amp;lt;center&amp;gt;[[Image:751.40_Intermediate_Bents_-_Integral_Column_Bents_with_Drop_Panel_(Part_Sections_AA).gif]]&amp;lt;/center&amp;gt;&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
{|border=&amp;quot;0&amp;quot; align=&amp;quot;center&amp;quot; style=&amp;quot;text-align:center&amp;quot;&lt;br /&gt;
&lt;br /&gt;
|valign=&amp;quot;top&amp;quot; width=&amp;quot;300&amp;quot;|&#039;&#039;&#039;PART SECTION A-A&amp;lt;BR/&amp;gt;(FLAT)&#039;&#039;&#039;||width=&amp;quot;300&amp;quot;|&#039;&#039;&#039;PART SECTION A-A&amp;lt;BR/&amp;gt;(GRADE OR V.C.)&#039;&#039;&#039;&amp;lt;BR/&amp;gt;D = Diameter of Column&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&amp;lt;center&amp;gt;[[Image:751.40_Intermediate_Bents_-_Integral_Column_Bents_with_Drop_Panel_(Part_Plans_Square_&amp;amp;_Skewed).gif]]&amp;lt;/center&amp;gt;&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
{|border=&amp;quot;0&amp;quot; align=&amp;quot;center&amp;quot; style=&amp;quot;text-align:center&amp;quot;&lt;br /&gt;
&lt;br /&gt;
|width=&amp;quot;175&amp;quot;|&#039;&#039;&#039;PART PLAN - SQUARE&#039;&#039;&#039;||width=&amp;quot;350&amp;quot;|&#039;&#039;&#039;PART PLAN - SKEWED&#039;&#039;&#039;&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&amp;lt;center&amp;gt;[[Image:751.40_Intermediate_Bents_-_Integral_Column_Bents_with_Drop_Panel_(Section_Thru_Drop_Panel).gif]]&amp;lt;/center&amp;gt;&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&amp;lt;center&amp;gt;&#039;&#039;&#039;SECTION THRU DROP PANEL&#039;&#039;&#039;&amp;lt;/center&amp;gt;&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
{|border=&amp;quot;0&amp;quot; align=&amp;quot;center&amp;quot;&lt;br /&gt;
&lt;br /&gt;
|&lt;br /&gt;
{|border=&amp;quot;1&amp;quot; cellspacing=&amp;quot;0&amp;quot; cellpadding=&amp;quot;3&amp;quot; align=&amp;quot;center&amp;quot; style=&amp;quot;text-align:center&amp;quot;&lt;br /&gt;
&lt;br /&gt;
|Largest&amp;lt;br/&amp;gt;Longitudinal&amp;lt;br/&amp;gt;Slab Bar||&amp;quot;a&amp;quot;&lt;br /&gt;
|-&lt;br /&gt;
|#8||1-13/16&amp;quot;&lt;br /&gt;
|-&lt;br /&gt;
|#9, #10 &amp;amp; #11||2-1/16&amp;quot;&lt;br /&gt;
|-&lt;br /&gt;
|#14||2-9/16&amp;quot;&lt;br /&gt;
|}&lt;br /&gt;
|[[Image:Symbol.gif]]||For Reference Only&lt;br /&gt;
|-&lt;br /&gt;
|&amp;amp;nbsp;&lt;br /&gt;
|-&lt;br /&gt;
|&lt;br /&gt;
{|border=&amp;quot;1&amp;quot; cellspacing=&amp;quot;0&amp;quot; cellpadding=&amp;quot;5&amp;quot; align=&amp;quot;center&amp;quot; style=&amp;quot;text-align:center&amp;quot;&lt;br /&gt;
&lt;br /&gt;
|Largest&amp;lt;br/&amp;gt;Longitudinal&amp;lt;br/&amp;gt;Slab Bar||&amp;quot;a&amp;quot; (*)&lt;br /&gt;
|-&lt;br /&gt;
|#8 &amp;amp; #9||2-5/8&amp;quot;&lt;br /&gt;
|-&lt;br /&gt;
|#10 &amp;amp; #11||2-7/8&amp;quot;&lt;br /&gt;
|-&lt;br /&gt;
|#14||3-3/8&amp;quot;&lt;br /&gt;
|}&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
(*) Based on 3&amp;quot; clearance and #6 stirrups, (includes Integral W.S.) to top longitudinal bar.&lt;br /&gt;
&lt;br /&gt;
(1) Standard 90° Hook.&lt;br /&gt;
&lt;br /&gt;
(2) Const. joint key D/3 x D/3 x 2&amp;quot;, D = Diameter of Column&lt;br /&gt;
&lt;br /&gt;
=====751.40.8.9.3.3 Integral Pile Cap Bents with Drop Panel=====&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&amp;lt;center&amp;gt;[[Image:751.40_Intermediate_Bents_-_Integral_Pile_Cap_Bents_with_Drop_Panel_(Part_Section_&amp;amp;_Flat).gif]]&amp;lt;/center&amp;gt;&lt;br /&gt;
&lt;br /&gt;
{|border=&amp;quot;0&amp;quot; align=&amp;quot;center&amp;quot; style=&amp;quot;text-align:center&amp;quot;&lt;br /&gt;
&lt;br /&gt;
|width=&amp;quot;350&amp;quot;|&#039;&#039;&#039;PART SECTION&#039;&#039;&#039;||width=&amp;quot;250&amp;quot;|&#039;&#039;&#039;PART SECTION A-A&amp;lt;BR/&amp;gt;(FLAT)&#039;&#039;&#039;&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
{|border=&amp;quot;0&amp;quot; align=&amp;quot;center&amp;quot;&lt;br /&gt;
&lt;br /&gt;
|valign=&amp;quot;bottom&amp;quot;|Bottom or drop panel to be parallel to top of slab both transversely and longitudinally.||rowspan=&amp;quot;5&amp;quot;|[[Image:751.40_Intermediate_Bents_-_Integral_Pile_Cap_Bents_with_Drop_Panel_(Part_Section_Grade_or_VC).gif]]&lt;br /&gt;
|-&lt;br /&gt;
|(1)Horizontal except for superelevated structures.&lt;br /&gt;
|-&lt;br /&gt;
|valign=&amp;quot;top&amp;quot;|(2) Use 3&amp;quot; Min. clip on beam for skews above 35°.&lt;br /&gt;
|-&lt;br /&gt;
|&amp;amp;nbsp;&lt;br /&gt;
|-&lt;br /&gt;
|&amp;amp;nbsp;&lt;br /&gt;
|-&lt;br /&gt;
|&amp;amp;nbsp;||align=&amp;quot;center&amp;quot;|&#039;&#039;&#039;PART SECTION A-A&amp;lt;BR/&amp;gt;(GRADE OR V.C.)&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&amp;lt;center&amp;gt;[[Image:751.40_Intermediate_Bents_-_Integral_Pile_Cap_Bents_with_Drop_Panel_(Part_Plans_Square_&amp;amp;_Skewed).gif]]&amp;lt;/center&amp;gt;&lt;br /&gt;
&lt;br /&gt;
{|border=&amp;quot;0&amp;quot; align=&amp;quot;center&amp;quot; style=&amp;quot;text-align:center&amp;quot;&lt;br /&gt;
&lt;br /&gt;
|width=&amp;quot;250&amp;quot;|&#039;&#039;&#039;PART PLAN - SQUARE&#039;&#039;&#039;||width=&amp;quot;250&amp;quot;|&#039;&#039;&#039;PART PLAN - SKEWED&#039;&#039;&#039;&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;REINFORCEMENT&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&amp;lt;center&amp;gt;[[Image:751.40_Intermediate_Bents_-_Integral_Pile_Cap_Bents_with_Drop_Panel_-_Reinforcement_(Half_Section).gif]]&amp;lt;/center&amp;gt;&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&amp;lt;center&amp;gt;&#039;&#039;&#039;HALF SECTION&#039;&#039;&#039;&amp;lt;/center&amp;gt;&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&amp;lt;center&amp;gt;[[Image:751.40_Intermediate_Bents_-_Integral_Pile_Cap_Bents_with_Drop_Panel_-_Reinforcement_(Section_Thru_Drop_Panel).gif]]&amp;lt;/center&amp;gt;&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&amp;lt;center&amp;gt;&#039;&#039;&#039;SECTION THRU DROP PANEL&#039;&#039;&#039;&amp;lt;/center&amp;gt;&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
(1) Use 5 1/4&amp;quot; for computing length of stirrup bar.  Do not detail on plans.&lt;br /&gt;
&lt;br /&gt;
(2) Standard 90° hook.&lt;br /&gt;
&lt;br /&gt;
(3) Optional Const. Joint Key 10&amp;quot; x 2&amp;quot;&lt;br /&gt;
&lt;br /&gt;
=====751.40.8.9.3.4 Integral Pile Cap Bents without Drop Panel=====&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;REINFORCEMENT&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&amp;lt;center&amp;gt;[[Image:751.40_Intermediate_Bents_-_Integral_Pile_Cap_Bents_without_Drop_Panel_-_Reinforcement_(Half_Section).gif]]&amp;lt;/center&amp;gt;&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&amp;lt;center&amp;gt;&#039;&#039;&#039;HALF SECTION&#039;&#039;&#039;&amp;lt;/center&amp;gt;&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&amp;lt;center&amp;gt;[[Image:751.40_Intermediate_Bents_-_Integral_Pile_Cap_Bents_without_Drop_Panel_-_Reinforcement_(Section_Thru_Bent).gif]]&amp;lt;/center&amp;gt;&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&amp;lt;center&amp;gt;&#039;&#039;&#039;SECTION THRU BENT&#039;&#039;&#039;&amp;lt;/center&amp;gt;&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
(1) Use 5 1/4&amp;quot; for computing length of stirrup bar.  Do not detail on plans.&lt;br /&gt;
&lt;br /&gt;
(2) Horizontal except for superelevated structures.&lt;br /&gt;
&lt;br /&gt;
(3) Standard 90° hook.&lt;br /&gt;
&lt;br /&gt;
=====751.40.8.9.3.5 Pile Footing Design and Details=====&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;(1) GENERAL&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
Number, size and spacing of piling shall be determined by computing the pile loads and applying the proper allowable overstresses.&lt;br /&gt;
 &lt;br /&gt;
Cases of Loading (AASHTO Article 3.22)&lt;br /&gt;
 &lt;br /&gt;
Group I maximum vertical loads.&lt;br /&gt;
 &lt;br /&gt;
Group IV temperature and shrinkage moments with applicable vertical loads.&lt;br /&gt;
 &lt;br /&gt;
1983 AASHTO guide specifications for seismic design of highway bridges. (See chapter 4 for earthquake loads combined with applicable vertical loads.) (*) (See Structural Project Manager or Liaison)&lt;br /&gt;
 &lt;br /&gt;
Internal stresses including the position of the shear line shall then be computed.&lt;br /&gt;
 &lt;br /&gt;
Long narrow footings are not desirable and care should be taken to avoid the use of an extremely long footing 6~0&amp;quot; wide when a shorter footing 8&#039;-3&amp;quot; or 9&#039;-0&amp;quot; wide could be used.&lt;br /&gt;
 &lt;br /&gt;
When using the load factor design method for footings, design the number of piles needed based on the working stress design method.&lt;br /&gt;
 &lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;ASSUMPTIONS&#039;&#039;&#039;&lt;br /&gt;
(Bents with 2 or more columns)&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;SEISMIC PERFORMANCE CATEGORY A&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
#Dead and live load moments will be 25% of the moments used for slab and top of Column design.&lt;br /&gt;
#Temperature moments shall be 50% of the moment at top of Column.&lt;br /&gt;
#Column reinforcement to be same as that required at top of Column. Footing dowel&#039;s to be #5 bars, same number as column bars.&lt;br /&gt;
#Footings to be proportioned for conditions as specified. Do not use ratio of bent height as specified for Intermediate Bents for longitudinal footings dimensions.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;SEISMIC PERFORMANCE CATEGORIES B, C &amp;amp; D&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
#For Seismic Performance categories B, C &amp;amp; D, the connection between the bottom of Column and the footing is a fixed connection.&lt;br /&gt;
#Footing design is based on (Seismic Design of Beam-Column Joint).&lt;br /&gt;
&lt;br /&gt;
(*) The design of all bridges in seismic performance B, C &amp;amp; D are to be designed by earthquake criteria in accordance with [[751.9_Bridge_Seismic_Design|EPG 751.9 Bridge Seismic Design]].&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;(2) PILE LOADS&#039;&#039;&#039;&lt;br /&gt;
:P = N/n ± M/S&lt;br /&gt;
:P = Pile Loads&lt;br /&gt;
:N = Vertical Loads&lt;br /&gt;
:n = number of piles&lt;br /&gt;
:M = overturning moment&lt;br /&gt;
:if minimum eccentricity controls the moment in both directions, it is necessary to use the moment in one direction (direction with less section modulus of Pile group) only for the footing check.&lt;br /&gt;
:S = Section Modulus of pile group&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;AASHTO GROUP I AND IV LOADS&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
Maximum P = Pile Capacity&lt;br /&gt;
Minimum P = 0&lt;br /&gt;
&lt;br /&gt;
Tension on a pile will not be allowed for any combination of forces.&lt;br /&gt;
 &lt;br /&gt;
Overstress reduction will not be used for loading minimums.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;EARTHQUAKE LOADS&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;POINT BEARING PILES&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
(**) Maximum P = Pile capacity x 2&lt;br /&gt;
:(I.E. for HP 10 x 42 piles, maximum P = 56 x 2 = 112 tons/pile).&lt;br /&gt;
 &lt;br /&gt;
Minimum P = Use allowable uplift force specified for piles in [[751.39 Seal Course|EPG 751.39 Seal Course]].&lt;br /&gt;
&lt;br /&gt;
(**) Two (2) is our normal factor of safety.  Under earthquake loadings only the point bearing pile and rock capacities are their ultimate capacities.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;FRICTION PILES&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
Maximum P = Pile capacity &lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;(3) INTERNAL STRESSES&#039;&#039;&#039;&lt;br /&gt;
::A) Shear Line&lt;br /&gt;
::B) Bending&lt;br /&gt;
::C) Distribution of Reinforcement&lt;br /&gt;
::D) Shear&lt;br /&gt;
&lt;br /&gt;
=====751.40.8.9.3.6 Pedestal Pile=====&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;GENERAL&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
No concrete bell shall be used without approval of Structural Project Manager or Liaison.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;SEISMIC PERFORMANCE CATEGORY A&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
#Assume column to be &amp;quot;pinned&amp;quot; for belled footing sitting on rock.  All loads will be axial.&lt;br /&gt;
#Assume column to be fixed for pedestal pile embedded in rock.&lt;br /&gt;
#All earth loads within the diameter of belled footing, or pedestal pile if there is no bell, above ground line shall be included in footing design.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&amp;lt;center&amp;gt;[[Image:751.40_Intermediate_Bents_-_Pedestal_Pile_General_(Category_A)_Elevation.gif]]&amp;lt;/center&amp;gt;&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;SEISMIC PERFORMANCE CATEGORY B, C &amp;amp; D&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
See (Seismic Design).&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;DETAILS&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;SEISMIC PERFORMANCE CATEGORY A&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&amp;lt;center&amp;gt;[[Image:751.40_Intermediate_Bents_-_Pedestal_Pile_Details_(Category_A)_Elevation_&amp;amp;_Section_AA.gif]]&amp;lt;/center&amp;gt;&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
{|border=&amp;quot;1&amp;quot; cellpadding=&amp;quot;5&amp;quot; cellspacing=&amp;quot;0&amp;quot; align=&amp;quot;center&amp;quot; style=&amp;quot;text-align:center&amp;quot;&lt;br /&gt;
&lt;br /&gt;
|Diameter&amp;lt;br/&amp;gt;of Shaft||Minimum&amp;lt;br/&amp;gt;Bell Diameter||Maximum&amp;lt;br/&amp;gt;Bell Diameter||Minimum&amp;lt;br/&amp;gt;(*) Reinf.||Cubic Yards&amp;lt;br/&amp;gt;Concrete per ft.&lt;br /&gt;
|-&lt;br /&gt;
|2&#039;-0&amp;quot;||2&#039;-4&amp;quot;||6&#039;-0&amp;quot;||8-#7||0.1164&lt;br /&gt;
|-&lt;br /&gt;
|2&#039;-6&amp;quot;||2&#039;-10&amp;quot;||7&#039;-6&amp;quot;||8-#9||0.1818&lt;br /&gt;
|-&lt;br /&gt;
|3&#039;-0&amp;quot;||3&#039;-6&amp;quot;||9&#039;-0&amp;quot;||11-#9||0.2618&lt;br /&gt;
|-&lt;br /&gt;
|3&#039;-6&amp;quot;||4&#039;-0&amp;quot;||10&#039;-6&amp;quot;||14-#9||0.3563&lt;br /&gt;
|-&lt;br /&gt;
|4&#039;-0&amp;quot;||4&#039;-6&amp;quot;||12&#039;-0&amp;quot;||19-#9||0.4654&lt;br /&gt;
|-&lt;br /&gt;
|4&#039;-6&amp;quot;||5&#039;-0&amp;quot;||13&#039;-0&amp;quot;||24-#9||0.5890&lt;br /&gt;
|-&lt;br /&gt;
|5&#039;-0&amp;quot;||5&#039;-6&amp;quot;||14&#039;-0&amp;quot;||29-#9||0.7272&lt;br /&gt;
|-&lt;br /&gt;
|5&#039;-6&amp;quot;||6&#039;-0&amp;quot;||15&#039;-0&amp;quot;||35-#9||0.8799&lt;br /&gt;
|-&lt;br /&gt;
|6&#039;-0&amp;quot;||6&#039;-6&amp;quot;||16&#039;-0&amp;quot;||41-#9||1.0472&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
Concrete Quantities shown in table are per linear foot of shaft only.  Bell Quantities are not included.&lt;br /&gt;
&lt;br /&gt;
(*) Amount of reinforcing may be increased from that shown to meet the individual job requirements.&lt;br /&gt;
&lt;br /&gt;
Minimum reinforcement meets AASHTO Spec. 8.18 for reinforcement of compression members.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;DETAILS&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;SEISMIC PERFORMANCE CATEGORY B, C &amp;amp; D&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&amp;lt;center&amp;gt;[[Image:751.40_Intermediate_Bents_-_Pedestal_Pile_Details_(Category_B_C_&amp;amp;_D)_Elevation_&amp;amp;_Section_AA.gif]]&amp;lt;/center&amp;gt;&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
{|border=&amp;quot;1&amp;quot; cellpadding=&amp;quot;5&amp;quot; cellspacing=&amp;quot;0&amp;quot; align=&amp;quot;center&amp;quot; style=&amp;quot;text-align:center&amp;quot;&lt;br /&gt;
&lt;br /&gt;
|Diameter&amp;lt;br/&amp;gt;of Shaft||Minimum&amp;lt;br/&amp;gt;(*) Reinf.||Cubic Yards&amp;lt;br/&amp;gt;Concrete per ft.&lt;br /&gt;
|-&lt;br /&gt;
|2&#039;-0&amp;quot;||8-#7||0.1164&lt;br /&gt;
|-&lt;br /&gt;
|2&#039;-6&amp;quot;||8-#9||0.1818&lt;br /&gt;
|-&lt;br /&gt;
|3&#039;-0&amp;quot;||11-#9||0.2618&lt;br /&gt;
|-&lt;br /&gt;
|3&#039;-6&amp;quot;||14-#9||0.3563&lt;br /&gt;
|-&lt;br /&gt;
|4&#039;-0&amp;quot;||19-#9||0.4654&lt;br /&gt;
|-&lt;br /&gt;
|4&#039;-6&amp;quot;||24-#9||0.5890&lt;br /&gt;
|-&lt;br /&gt;
|5&#039;-0&amp;quot;||29-#9||0.7272&lt;br /&gt;
|-&lt;br /&gt;
|5&#039;-6&amp;quot;||35-#9||0.8799&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
Concrete Quantities shown in table are per linear foot of shaft only.&lt;br /&gt;
&lt;br /&gt;
(*) Amount of reinforcing may be increased from that shown to meet the individual job requirements.&lt;br /&gt;
&lt;br /&gt;
Minimum reinforcement meets AASHTO Spec. 8.18 for reinforcement of compression members.&lt;br /&gt;
&lt;br /&gt;
(**) Stay in place casing may be used in place of spirals for column diameters greater than 4 foot.&lt;br /&gt;
&lt;br /&gt;
=== 751.40.8.10 Prestressed Concrete I-Girders ===&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
==== 751.40.8.10.1 Design ====&lt;br /&gt;
&lt;br /&gt;
===== 751.40.8.10.1.1 Girder Design=====&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Geometric Dimensions&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Girder Analysis (Continuous Span Series)&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
Stresses due to dead load weight of slab, girder, diaphragms, haunch and forms will be based on simple spans from centerline to centerline of bearings.&lt;br /&gt;
 &lt;br /&gt;
Stresses due to dead load weight of curbs, parapet, rails, future wearing surface and outlets will be based on continuous composite spans with loads equally distributed to all girders.  The span lengths used in these computations will be based on the distance from the centerline of the bearing at the End Bent to the centerline of the Int. Bent, and from centerline of Int. Bent to centerline of Int. Bent.&lt;br /&gt;
 &lt;br /&gt;
Stresses due to live load plus impact will be based on continuous composite spans whose lengths are described above for curbs, etc.&lt;br /&gt;
 &lt;br /&gt;
The analysis will be made on the basis of transformed areas of all steel (both strands and bars) in the section using concrete with &amp;lt;math&amp;gt;\, n&amp;lt;/math&amp;gt; = 6.&lt;br /&gt;
 &lt;br /&gt;
In composite design, allowances shall be made for the difference in modulus of elasticity of slab and girder by using the effective slab area as specified for concrete T-Beams as given in the current AASHTO Specifications, multiplied by the factor &amp;lt;math&amp;gt;\, (E_{slab}/E_{girder})&amp;lt;/math&amp;gt; .  The area shall include the transformed area of all longitudinal reinforcing bars within the effective width.  The 1&amp;quot; integral wearing surface shall not be used in the effective slab depth.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Effective Flange Width&#039;&#039;&#039;&lt;br /&gt;
 &lt;br /&gt;
The effective flange width for Beam Types 2,3,4 &amp;amp; 6 should be calculated using AASHTO 8.10.1.  For Beam Type 7, the effective flange width should be calculated using AASHTO 9.8.3.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Continuity at Intermediate Supports&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
Continuity will be obtained at intermediate supports by pouring a concrete diaphragm monolithic with the deck slab and encasing the prestressed girders. Reinforcing bars will tie the slab, diaphragms and girders together.&lt;br /&gt;
 &lt;br /&gt;
Reinforcing bars, &amp;lt;math&amp;gt;\, f_y&amp;lt;/math&amp;gt; = 60,000 psi, will be placed in the deck slab for tensile&lt;br /&gt;
steel.&lt;br /&gt;
 &lt;br /&gt;
The ultimate negative moments should be 2.17 times the maximum live load moments including impact and 1.3 times moments for future wearing surface and dead load of barrier or railing.&lt;br /&gt;
 &lt;br /&gt;
The area of longitudinal reinforcing steel at the centerline of the intermediate bent should be determined on the basis of a cracked section.  This area of reinforcing bars is to be provided by adding additional bars between the normal longitudinal bars at the top of the slab. #8 maximum bar size for additional bars over bents.&lt;br /&gt;
 &lt;br /&gt;
These special negative moment reinforcing bars should be ended by one of the following criteria (whichever is greater):&lt;br /&gt;
 &lt;br /&gt;
#Where the stress on the normal longitudinal reinforcing bars does not exceed 24,000 psi. as based on a cracked section, plus 15 bar diameters or development length.&lt;br /&gt;
#Not closer to the centerline of the intermediate bent than 1/10 of the span.  (8&#039; min.)&lt;br /&gt;
 &lt;br /&gt;
The concrete stress at the bottom of the girder should be checked at a point 70 strand diameters plus 9 inches from the centerline of the intermediate bent to see that the total compressive stress due to prestress and negative moment does not exceed 3,000 psi.  (AASHTO. 9.7.2)&lt;br /&gt;
 &lt;br /&gt;
The positive moment at the intermediate bent should be provided for by extending the top two rows of the top strands (both straight or deflected) and if available, the number of bottom strands indicated in tables below bent to form a right angle hook.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Design of Negative Moment Reinforcement&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
Since most of the dead load moments are carried by the beam acting as a simple span, the negative design moment over piers is the live load plus impact moment. In most designs, the dead load applied after continuity is achieved should also be considered in the negative design moment. The effect of initial precompression due to prestress in the precast girders may be neglected in the negative moment computation of ultimate strength if the maximum precompression  stress is less than &amp;lt;math&amp;gt;\, 0.4 f&#039;_c&amp;lt;/math&amp;gt; and the continuity reinforcement is less than 1.5 percent.&lt;br /&gt;
&lt;br /&gt;
It will usually be found that the depth of the compression block will be less than the thickness of the bottom flange of the precast girder. For this reason, the negative moment reinforcement required can be determined by assuming the beam to be a rectangular section with a width equal to the bottom flange width of the girder. Due to the lateral restraint of the diaphragm concrete, ultimate negative compression failure in the PCA tests always occurred in the girders, even though the diaphragm concrete strength was about 1000 psi less than that of the girder concrete for this reason, it is recommended that the negative moment reinforce-ment  be designed using the compressive strength of the girder concrete.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&amp;lt;center&amp;gt;[[Image:751.40 prestressed concrete i-girders-rectangular beam curves.gif]]&amp;lt;/center&amp;gt;&lt;br /&gt;
&lt;br /&gt;
&amp;lt;center&amp;gt;&#039;&#039;&#039;Rectangular Beam Curves&#039;&#039;&#039;&amp;lt;/center&amp;gt;&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
{|border=&amp;quot;1&amp;quot; style=&amp;quot;text-align:center;&amp;quot; cellpadding=&amp;quot;5&amp;quot; align=&amp;quot;center&amp;quot;&lt;br /&gt;
|-&lt;br /&gt;
!rowspan=&amp;quot;2&amp;quot;|Web&amp;lt;br/&amp;gt;Thickness&amp;lt;br/&amp;gt;(Inches)&lt;br /&gt;
!colspan=&amp;quot;5&amp;quot;|Number of Bottom Strands for Positive Moment&amp;lt;br/&amp;gt;Connection (C) for Closed Diaphragms&lt;br /&gt;
|-&lt;br /&gt;
!Beam Type 2&amp;lt;br/&amp;gt;or Modified&lt;br /&gt;
!Beam Type 3&amp;lt;br/&amp;gt;or Modified&lt;br /&gt;
!Beam Type 4&amp;lt;br/&amp;gt;or Modified&lt;br /&gt;
!Beam Type 6&amp;lt;br/&amp;gt;or Modified&lt;br /&gt;
!Beam Type 7&amp;lt;br/&amp;gt;or Modified&lt;br /&gt;
|-&lt;br /&gt;
|6||6||8||10||--||18&lt;br /&gt;
|-&lt;br /&gt;
|6 1/2||--||--||--||14||--&lt;br /&gt;
|-&lt;br /&gt;
|7 (A)||8||10||10||--||--&lt;br /&gt;
|-&lt;br /&gt;
|7 1/2 (B)||--||--||--||16||--&lt;br /&gt;
|-&lt;br /&gt;
|8 (A)||8||10||12||--||--&lt;br /&gt;
|-&lt;br /&gt;
|8 1/2 (B)||--||--||--||16||--&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
{|border=&amp;quot;1&amp;quot; style=&amp;quot;text-align:center;&amp;quot; cellpadding=&amp;quot;5&amp;quot; align=&amp;quot;center&amp;quot;&lt;br /&gt;
|-&lt;br /&gt;
!rowspan=&amp;quot;2&amp;quot;|Web&amp;lt;br/&amp;gt;Thickness&amp;lt;br/&amp;gt;(Inches)&lt;br /&gt;
!colspan=&amp;quot;5&amp;quot;|Number of Bottom Strands for Positive Moment Connection (C) for&amp;lt;br/&amp;gt;Open Intermediate Diaphragms with Continuous Superstruecture&lt;br /&gt;
|-&lt;br /&gt;
!Beam Type 2&amp;lt;br/&amp;gt;or Modified&lt;br /&gt;
!Beam Type 3&amp;lt;br/&amp;gt;or Modified&lt;br /&gt;
!Beam Type 4&amp;lt;br/&amp;gt;or Modified&lt;br /&gt;
!Beam Type 6&amp;lt;br/&amp;gt;or Modified&lt;br /&gt;
!Beam Type 7&amp;lt;br/&amp;gt;or Modified&lt;br /&gt;
|-&lt;br /&gt;
|6||12||16||16||--||22&lt;br /&gt;
|-&lt;br /&gt;
|6 1/2||--||--||--||22||--&lt;br /&gt;
|-&lt;br /&gt;
|7 (A)||12||16||16||--||--&lt;br /&gt;
|-&lt;br /&gt;
|7 1/2 (B)||--||--||--||22||--&lt;br /&gt;
|-&lt;br /&gt;
|8 (A)||12||16||16||--||--&lt;br /&gt;
|-&lt;br /&gt;
|8 1/2 (B)||--||--||--||22||--&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
{|border=&amp;quot;0&amp;quot; cellpadding=&amp;quot;5&amp;quot; cellspacing=&amp;quot;1&amp;quot; align=&amp;quot;center&amp;quot; style=&amp;quot;text-align:center&amp;quot;&lt;br /&gt;
|-&lt;br /&gt;
|valign=&amp;quot;top&amp;quot;|(A)||align=&amp;quot;left&amp;quot; width=&amp;quot;400pt&amp;quot; |Modified Beam Type 2, 3 or 4.&lt;br /&gt;
|-&lt;br /&gt;
|valign=&amp;quot;top&amp;quot;|(B)||align=&amp;quot;left&amp;quot; width=&amp;quot;400pt&amp;quot; |Modified Beam Type 6.&lt;br /&gt;
|-&lt;br /&gt;
|valign=&amp;quot;top&amp;quot;|(C)||align=&amp;quot;left&amp;quot; width=&amp;quot;400pt&amp;quot; |If available, otherwise bend all bottom strands.&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Negative Moment Bar Cut-Off (Working Stress Controlling)&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
Area of slab bars required and stress in the slab bars are printed in program BR200.&lt;br /&gt;
&lt;br /&gt;
Determine stress of the area of slab bars input into program at a point where the area required is larger than that input.&lt;br /&gt;
&lt;br /&gt;
Interpolate along a straight line to where the stress is 24,000 psi.&lt;br /&gt;
&lt;br /&gt;
Note: Negative moment bar computations use a cracked section analysis to determine stresses.&lt;br /&gt;
&lt;br /&gt;
===== 751.40.8.10.1.2 Allowable Concrete Stresses =====&lt;br /&gt;
&lt;br /&gt;
The following criteria is shown for clarity and is in accordance with AASHTO 9.15.&lt;br /&gt;
 &lt;br /&gt;
:&amp;lt;math&amp;gt;\, f&#039;_c&amp;lt;/math&amp;gt; = 5,000 psi, &amp;amp;nbsp; &amp;lt;math&amp;gt;\, f&#039;_{ci}&amp;lt;/math&amp;gt; = 4,000 psi&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
A. Temporary stresses before losses except as noted:&lt;br /&gt;
&lt;br /&gt;
*Compression...&amp;lt;math&amp;gt;\, 0.6 f&#039;_{ci} = 0.6 \times 4,000psi = 2,448psi&amp;lt;/math&amp;gt; (*)&lt;br /&gt;
&lt;br /&gt;
*Tension&lt;br /&gt;
**Precompressed tensile zone ....................&lt;br /&gt;
***No temporary allowable stresses are specified. See paragraph &amp;quot;B&amp;quot; below.&lt;br /&gt;
***In tension areas with no bonded reinforcement...&amp;lt;math&amp;gt;\, 3 \sqrt{f&#039;_{ci}} = 3 \sqrt{4,000} = 190 psi&amp;lt;/math&amp;gt;&lt;br /&gt;
***Where the calculated tensile stress exceeds this value, bonded reinforcement shall be provided to resist the total tension force in the concrete computed on the assumption of an uncracked section. The maximum tensile stress shall not exceed...&amp;lt;math&amp;gt;\, 7.5 \sqrt{f&#039;_{ci}} = 7.5 \sqrt{4,000} = 475 psi&amp;lt;/math&amp;gt;&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
B.  Stresses at service loads after losses:&lt;br /&gt;
&lt;br /&gt;
*Compression...&amp;lt;math&amp;gt;\, 0.4 f&#039;_c = 0.4 \times 5,000 = 2,000 psi&amp;lt;/math&amp;gt;&lt;br /&gt;
&lt;br /&gt;
*Tension in the precompressed tensile zone...&lt;br /&gt;
**(a) For members with bonded reinf. (**)...&amp;lt;math&amp;gt;\, 6 \sqrt {f&#039;_c} = 6 \sqrt{5,000} = 425 psi&amp;lt;/math&amp;gt;&lt;br /&gt;
**(b) For members without bonded reinf...&amp;lt;math&amp;gt;\, = Zero&amp;lt;/math&amp;gt;&lt;br /&gt;
&lt;br /&gt;
*Tension in other areas&lt;br /&gt;
**Tension in other area is limited by the allowable temporary stresses specified in &amp;quot;A&amp;quot; above.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
C.  Cracking stress:&lt;br /&gt;
&lt;br /&gt;
*Modulus of rupture from tests or (for normal weight concrete)...&amp;lt;math&amp;gt;\, 7.5 \sqrt{f&#039;_c} = 7.5 \sqrt {5,000} = 530 psi&amp;lt;/math&amp;gt;&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
D.  Negative moment stresses in girders made continuous after deadload of slab is in place:&lt;br /&gt;
&lt;br /&gt;
*Tension in negative moment reinforcement...&amp;lt;math&amp;gt;\, f_y&amp;lt;/math&amp;gt; = 60,000 psi, &amp;amp;nbsp; &amp;lt;math&amp;gt;\, f_s&amp;lt;/math&amp;gt; = 24,000 psi&lt;br /&gt;
*Compression in concrete at bottom of girder...&amp;lt;math&amp;gt;\, f&#039;_c&amp;lt;/math&amp;gt; = 5,000 psi, &amp;amp;nbsp; &amp;lt;math&amp;gt;\, f_c = 0.6 f&#039;_c&amp;lt;/math&amp;gt;&lt;br /&gt;
&lt;br /&gt;
(*) BR200 allows 2% overstress&lt;br /&gt;
&lt;br /&gt;
(**)Strands qualify if not debonded at ends.&lt;br /&gt;
&lt;br /&gt;
===== 751.40.8.10.1.3 Prestress Loss and Prestress Camber =====&lt;br /&gt;
&lt;br /&gt;
&amp;lt;math&amp;gt;\, \Bigg[ \cfrac{ \overset{(SH)}{6,000} + \overset{(ES)}{ \frac {Es}{Ec_i}}fc + \overset{(CR_C)}{8.5 fc} + (5,000 - \overset{(CR_s)}{0.1 ES} - 0.05 (SH + CR_c))}{fs_i} \Bigg]&amp;lt;/math&amp;gt;&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
{|&lt;br /&gt;
|rowspan=&amp;quot;4&amp;quot; width=&amp;quot;375pt&amp;quot;|Reduce to: &amp;amp;nbsp; &amp;amp;nbsp; &amp;lt;math&amp;gt;\, \cfrac {10,700 + (0.9 \left( \frac{E_s}{Ec_i} \right) + 8.08) fc}{fs_i}&amp;lt;/math&amp;gt;&lt;br /&gt;
|&amp;lt;math&amp;gt;\, SH&amp;lt;/math&amp;gt;||width=&amp;quot;150pt&amp;quot;|= Shrinkage&lt;br /&gt;
|-&lt;br /&gt;
|&amp;lt;math&amp;gt;\, ES&amp;lt;/math&amp;gt;||width=&amp;quot;150pt&amp;quot;|= Elastic Strain&lt;br /&gt;
|-&lt;br /&gt;
|&amp;lt;math&amp;gt;\, CR_c&amp;lt;/math&amp;gt;||width=&amp;quot;150pt&amp;quot;|= Concrete Creep&lt;br /&gt;
|-&lt;br /&gt;
|&amp;lt;math&amp;gt;\, CR_s&amp;lt;/math&amp;gt;||width=&amp;quot;150pt&amp;quot;|= Steel Creep&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
{|&lt;br /&gt;
|valign=&amp;quot;top&amp;quot;| &amp;lt;math&amp;gt;\, CR_c&amp;lt;/math&amp;gt;||valign=&amp;quot;top&amp;quot;|= &amp;lt;math&amp;gt;\, 12 fc_{ir} - 7 fc_{ds}&amp;lt;/math&amp;gt;&lt;br /&gt;
|-&lt;br /&gt;
|&amp;lt;math&amp;gt;\, CR_c&amp;lt;/math&amp;gt;||valign=&amp;quot;top&amp;quot;|= &amp;lt;math&amp;gt;\, 12 fc - 7/2 fc = 8.5 fc&amp;lt;/math&amp;gt;  &amp;amp;nbsp;(Approximate Estimate)&lt;br /&gt;
|-&lt;br /&gt;
|&amp;lt;math&amp;gt;\, Ec_i&amp;lt;/math&amp;gt;||valign=&amp;quot;top&amp;quot;|= &amp;lt;math&amp;gt;\, 150^{1.5} 33 \sqrt{f&#039;c_i}&amp;lt;/math&amp;gt;  &amp;amp;nbsp; &amp;amp;nbsp; &amp;lt;math&amp;gt;\, ES = \frac {Es}{Ec_i} fc_{ir} = \frac {Es}{Ec_i} fc&amp;lt;/math&amp;gt;  &amp;amp;nbsp;(Approximate Estimate)&lt;br /&gt;
|-&lt;br /&gt;
|&amp;lt;math&amp;gt;\, fc_{ir}&amp;lt;/math&amp;gt; ||valign=&amp;quot;top&amp;quot;|= Concrete stress at centroid of P/S steel at point considered due to P/S and dead load at release.&lt;br /&gt;
|-&lt;br /&gt;
|&amp;lt;math&amp;gt;\, fc&amp;lt;/math&amp;gt;||valign=&amp;quot;top&amp;quot;|= &amp;lt;math&amp;gt;\, fc_{ir}&amp;lt;/math&amp;gt; (Assume &amp;lt;math&amp;gt;\, fc_{ir} = fc&amp;lt;/math&amp;gt;)&lt;br /&gt;
|-&lt;br /&gt;
|&amp;lt;math&amp;gt;\, fc&amp;lt;/math&amp;gt;||valign=&amp;quot;top&amp;quot;|= &amp;lt;math&amp;gt;\, 0.4(4,000) = 1,600 psi&amp;lt;/math&amp;gt; (Estimate average)&lt;br /&gt;
|-&lt;br /&gt;
|&amp;lt;math&amp;gt;\, fc_{ds}&amp;lt;/math&amp;gt; ||valign=&amp;quot;top&amp;quot;|= Concrete stress at centroid of P/S Steel (due to dead load)(Assume fcds = 1/2 fc)&lt;br /&gt;
|-&lt;br /&gt;
|&amp;lt;math&amp;gt;\, fs_i&amp;lt;/math&amp;gt; ||valign=&amp;quot;top&amp;quot;|= Initial stress in P/S steel&lt;br /&gt;
|-&lt;br /&gt;
|&amp;lt;math&amp;gt;\, fs_i&amp;lt;/math&amp;gt; ||valign=&amp;quot;top&amp;quot;|= &amp;lt;math&amp;gt;\, 270,000 psi \times 75% = 202,500 psi&amp;lt;/math&amp;gt;&lt;br /&gt;
|-&lt;br /&gt;
|&amp;lt;math&amp;gt;\, Ec_i&amp;lt;/math&amp;gt; ||valign=&amp;quot;top&amp;quot;|= &amp;lt;math&amp;gt;\, 150^{1.5} 33 \sqrt{4,000} = 3,834,253.5 psi&amp;lt;/math&amp;gt;&lt;br /&gt;
|-&lt;br /&gt;
|&amp;lt;math&amp;gt;\, Es&amp;lt;/math&amp;gt; ||valign=&amp;quot;top&amp;quot;|= &amp;lt;math&amp;gt;\, 28,000,000 psi &amp;lt;/math&amp;gt; (AASHTO 9.16.2.1)&lt;br /&gt;
|-&lt;br /&gt;
|&amp;lt;math&amp;gt;\, \frac {Es}{Ec_i}&amp;lt;/math&amp;gt; ||= &amp;lt;math&amp;gt;\, 7.30&amp;lt;/math&amp;gt;&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&amp;lt;math&amp;gt;\, \frac {10,700 + (0.9 \times 7.30 + 8.08) 1,600}{202,500} = 16.9%&amp;lt;/math&amp;gt;&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&amp;lt;math&amp;gt;\, 202.5ksi \times 16.9% = 34.22ksi&amp;lt;/math&amp;gt;&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
Total loss due to all causes, except friction, is 34.22 ksi. (Friction losses are applied to post-tensioned girder only.) Use 8.84% for initial loss and 8.84% for final loss for design.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&amp;lt;math&amp;gt;\, 202.5 ksi \times 8.84% = 17.90 ksi&amp;lt;/math&amp;gt; = initial loss&lt;br /&gt;
&lt;br /&gt;
&amp;lt;math&amp;gt;\, 202.5 - 17.90 = 184.60ksi&amp;lt;/math&amp;gt;&lt;br /&gt;
&lt;br /&gt;
&amp;lt;math&amp;gt;184.60ksi \times 8.84% = 16.32ksi&amp;lt;/math&amp;gt; = final loss&lt;br /&gt;
&lt;br /&gt;
&amp;lt;math&amp;gt;17.90 + 16.32 = 34.22ksi \approx 34.22ksi = 202.5ksi \times 16.9%&amp;lt;/math&amp;gt; = total loss&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
In the above design example, if tension exceeds AASHTO Specifications, (425 psi for 5,000 psi concrete) the girder will have to be modified to limit stress to 425 psi.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
{|&lt;br /&gt;
|valign=&amp;quot;top&amp;quot;| &amp;lt;math&amp;gt;\, f&#039;c&amp;lt;/math&amp;gt;||valign=&amp;quot;top&amp;quot;|= 6,000 psi&lt;br /&gt;
|-&lt;br /&gt;
|valign=&amp;quot;top&amp;quot;| &amp;lt;math&amp;gt;\, f&#039;c_i&amp;lt;/math&amp;gt;||valign=&amp;quot;top&amp;quot;|= 4,500 psi&lt;br /&gt;
|-&lt;br /&gt;
|colspan=&amp;quot;2&amp;quot; valign=&amp;quot;top&amp;quot;|Grade 270 low relaxation strands&lt;br /&gt;
|-&lt;br /&gt;
|valign=&amp;quot;top&amp;quot;|&amp;lt;math&amp;gt;\, fc&amp;lt;/math&amp;gt;||valign=&amp;quot;top&amp;quot;|= &amp;lt;math&amp;gt;\, 0.4(4,500) = 1,800 psi&amp;lt;/math&amp;gt; (Estimated average)&lt;br /&gt;
|-&lt;br /&gt;
|valign=&amp;quot;top&amp;quot;|&amp;lt;math&amp;gt;\, Ec_i&amp;lt;/math&amp;gt;||valign=&amp;quot;top&amp;quot;|= &amp;lt;math&amp;gt;\, 150^1.5 33 \sqrt{f&#039;c_i} = 4,066.840 psi&amp;lt;/math&amp;gt;&lt;br /&gt;
|-&lt;br /&gt;
|valign=&amp;quot;top&amp;quot;|&amp;lt;math&amp;gt;\, \frac{Es}{Ec}&amp;lt;/math&amp;gt;||valign=&amp;quot;top&amp;quot;|= &amp;lt;math&amp;gt;\, \frac{28,000,000}{4,066,840} = 6.89&amp;lt;/math&amp;gt;&lt;br /&gt;
|-&lt;br /&gt;
|colspan=&amp;quot;2&amp;quot; valign=&amp;quot;top&amp;quot;|AASHTO 9.16.2.1.3: &amp;lt;math&amp;gt;\, CRc = 12fc - 7/2fc = 8.5fc&amp;lt;/math&amp;gt; (approximate estimate)&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&amp;lt;math&amp;gt;\, \Bigg[ \overset{(SH)}{6,000} + \overset{(ES)}{ \frac {Es}{Ec_i}}fc + \overset{CR_c)}{8.5 fc} + (5,000 - \overset{(CR_s)}{0.1ES} - 0.05(SH + CR_c)) \Bigg]&amp;lt;/math&amp;gt;&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
Reduce to: &amp;amp;nbsp; &amp;lt;math&amp;gt;\, \cfrac{10,700 + (0.9 (\frac{Es}{Ec_i}) + 8.08) fc}{fs_i}&amp;lt;/math&amp;gt;&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
{|&lt;br /&gt;
|valign=&amp;quot;top&amp;quot;| &amp;lt;math&amp;gt;\, fc&amp;lt;/math&amp;gt;||valign=&amp;quot;top&amp;quot;|= &amp;lt;math&amp;gt;\, 0.4(4,500) = 1,800 psi&amp;lt;/math&amp;gt; (estimated average)&lt;br /&gt;
|-&lt;br /&gt;
|&amp;lt;math&amp;gt;\, \frac{Es}{Ec_i}&amp;lt;/math&amp;gt; ||= &amp;lt;math&amp;gt;\, 6.89&amp;lt;/math&amp;gt;&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
&amp;lt;math&amp;gt;\, fs_i&amp;lt;/math&amp;gt; = Initial stress in low relaxation strands stressed to 75% of ultimate (*)&lt;br /&gt;
&lt;br /&gt;
&amp;lt;math&amp;gt;\, fs_i&amp;lt;/math&amp;gt; = 270,000 psi \times 75% = 202,500 psi&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&amp;lt;math&amp;gt;\, \frac {10,700 + (0.9 \times 6.89 + 8.08) \times 1,800}{202,500} = 18.0%&amp;lt;/math&amp;gt;&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&amp;lt;math&amp;gt;\, 202.50 ksi \times 18.0% = 36.45 ksi&amp;lt;/math&amp;gt; = total loss except friction&lt;br /&gt;
&lt;br /&gt;
Use 9.44% for initial loss and 9.44% for final loss.&lt;br /&gt;
 &lt;br /&gt;
&amp;lt;math&amp;gt;\, 202.50 ksi \times 9.44% = 19.12 ksi&amp;lt;/math&amp;gt; = initial loss&lt;br /&gt;
&lt;br /&gt;
&amp;lt;math&amp;gt;\, 202.5 - 19.12 = 183.38 ksi&amp;lt;/math&amp;gt;&lt;br /&gt;
&lt;br /&gt;
&amp;lt;math&amp;gt;\, 183.38 ksi \times 9.44% = 17.31 ksi&amp;lt;/math&amp;gt; = final loss&lt;br /&gt;
&lt;br /&gt;
&amp;lt;math&amp;gt;\, 19.12 + 17.31 = 36.43 ksi \approx 36.45 ksi = 202.5 ksi \times 18.0%&amp;lt;/math&amp;gt; = total loss&lt;br /&gt;
 &lt;br /&gt;
&lt;br /&gt;
P/s force initial = &amp;lt;math&amp;gt;\, (183.38 ksi)(0.153 in.^2/strands)(no.\ of\ strands)&amp;lt;/math&amp;gt;&lt;br /&gt;
&lt;br /&gt;
P/s force final = &amp;lt;math&amp;gt;\, ((202.5 - 36.43) ksi)(0.153 in.^2/strand)(no.\ of\ strands)&amp;lt;/math&amp;gt;&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
(*) Suggested by FHWA: when using 3/8&amp;quot; round strands, max. &amp;lt;math&amp;gt;\, fs_i = 0.7 \times 250 ksi\ or\ 0.7 \times ultimate\ stress&amp;lt;/math&amp;gt;, whichever is smaller. Larger initial stresses will cause debonding.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Prestress Concrete Girder Formula for Stress Calculation&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
(-) Tension; &amp;amp;nbsp; (+) Compression&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Temp. Stress&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
{|&lt;br /&gt;
|width=&amp;quot;75pt&amp;quot;|Allow Top||width=&amp;quot;250pt&amp;quot;|&amp;lt;math&amp;gt;\, 7.5 \sqrt{f&#039;c_i} = 0.474ksi&amp;lt;/math&amp;gt; tension for||width=&amp;quot;200pt&amp;quot;|&amp;lt;math&amp;gt;\, f&#039;c_i = 4,000psi&amp;lt;/math&amp;gt;&lt;br /&gt;
|-&lt;br /&gt;
|width=&amp;quot;75pt&amp;quot;|Bottom||width=&amp;quot;250pt&amp;quot;|&amp;lt;math&amp;gt;\, 0.6 f&#039;c_i = 2.4 ksi&amp;lt;/math&amp;gt; compression for||width=&amp;quot;200pt&amp;quot;|&amp;lt;math&amp;gt;\, f&#039;c_i = 4,000psi&amp;lt;/math&amp;gt;&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
:Temp. Top =&lt;br /&gt;
::&amp;lt;math&amp;gt;\, \frac{(1.0 - initial\ loss)(P/S\ F)}{Ag} - \frac{(1.0 - initial\ loss)(P/S\ F)(ECC_{nc}}{St_{nc}} + \frac{M_{Gdr}}{St_{nc}}&amp;lt;/math&amp;gt;&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
:Temp. Bottom =&lt;br /&gt;
::&amp;lt;math&amp;gt;\, \frac{(1.0 - initial\ loss)(P/S\ F)}{Ag} - \frac{(1.0 - initial\ loss)(P/S\ F)(ECC_{nc}}{Sb_{nc}} + \frac{M_{Gdr}}{Sb_{nc}}&amp;lt;/math&amp;gt;&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Design Load Stress&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
{|&lt;br /&gt;
|width=&amp;quot;75pt&amp;quot;|Allow Top||width=&amp;quot;250pt&amp;quot;|&amp;lt;math&amp;gt;\, 0.4\ f&#039;c = 2.0 ksi&amp;lt;/math&amp;gt; compression for||width=&amp;quot;200pt&amp;quot;|&amp;lt;math&amp;gt;\, f&#039;c = 5,000psi&amp;lt;/math&amp;gt;&lt;br /&gt;
|-&lt;br /&gt;
|width=&amp;quot;75pt&amp;quot;|Bottom||width=&amp;quot;250pt&amp;quot;|&amp;lt;math&amp;gt;\, 6.0 \sqrt{f&#039;c} = 0.424 ksi&amp;lt;/math&amp;gt; tension for||width=&amp;quot;200pt&amp;quot;|&amp;lt;math&amp;gt;\, f&#039;c = 5,000psi&amp;lt;/math&amp;gt;&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
:Top final =&lt;br /&gt;
::&amp;lt;math&amp;gt;\, Temp.\ Top\ Stress - \frac{(Final\ loss)(P/S\ F)}{A_c} + \frac{(Final\ loss)(P/S\ F)(ECC_c)}{St_c} + \frac{M_{Slb+Dph}}{St_{nc}} + \frac{M_{DLC}}{St_c}{st_c} + \frac{M_{LL+I}}{St_c}&amp;lt;/math&amp;gt;&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
:Bottom final =&lt;br /&gt;
::&amp;lt;math&amp;gt;\, Temp.\ Bott.\ Stress - \frac{(Final\ loss)(P/S\ F)}{A_c} - \frac{(Final\ loss)(P/S\ F)(ECC_c)}{Sb_c} - \frac{M_{Slb+Dph}}{Sb_{nc}} - \frac{M_{DLC}}{Sb_c} - \frac{M_{LL+I}}{Sb_c}&amp;lt;/math&amp;gt;&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
::0.153 sq. in. = Area of one 1/2 inch strand&lt;br /&gt;
::270 ksi = f&#039;s = Ult, Str. P/S Strand&lt;br /&gt;
::202.5 ksi = 0.75 (270) = Initial steel stress&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
:0.0884 = 8.84% Initial loss - low relaxation&lt;br /&gt;
:0.0884 = 8.84% Final loss - low relaxation&lt;br /&gt;
:4 Str. 2 Draped&lt;br /&gt;
:202.5 (0.153) = 30.98 kips/Str. P/s force&lt;br /&gt;
:6 Strands (30.98) = 185.90 P/s force &lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
{|&lt;br /&gt;
|&amp;lt;math&amp;gt;\, A_c&amp;lt;/math&amp;gt;||= Area Composite&lt;br /&gt;
|-&lt;br /&gt;
|&amp;lt;math&amp;gt;\, A_g&amp;lt;/math&amp;gt;||= Area Girder&lt;br /&gt;
|-&lt;br /&gt;
|&amp;lt;math&amp;gt;\, Ecc_c&amp;lt;/math&amp;gt;||= Eccentricity of prestress force of composite section&lt;br /&gt;
|-&lt;br /&gt;
|&amp;lt;math&amp;gt;\, Ecc_{nc}&amp;lt;/math&amp;gt;||= Eccentricity of prestress force of non-composite section&lt;br /&gt;
|-&lt;br /&gt;
|&amp;lt;math&amp;gt;\, M_{DFLC}&amp;lt;/math&amp;gt;||= Composite dead load moment&lt;br /&gt;
|-&lt;br /&gt;
|&amp;lt;math&amp;gt;\, M_{Gdr}&amp;lt;/math&amp;gt;||= Girder dead load moment&lt;br /&gt;
|-&lt;br /&gt;
|&amp;lt;math&amp;gt;\, M_{LL+I}&amp;lt;/math&amp;gt;||= Live load + impact moment&lt;br /&gt;
|-&lt;br /&gt;
|&amp;lt;math&amp;gt;\, M_{Slb+Dph}&amp;lt;/math&amp;gt;||= Slab + diaphragm moment&lt;br /&gt;
|-&lt;br /&gt;
|&amp;lt;math&amp;gt;\, P/S\ F&amp;lt;/math&amp;gt;||= Prestress forces in girder&lt;br /&gt;
|-&lt;br /&gt;
|&amp;lt;math&amp;gt;\, Sb_c&amp;lt;/math&amp;gt;||= Composite section modulus at bottom of girder&lt;br /&gt;
|-&lt;br /&gt;
|&amp;lt;math&amp;gt;\, Sb_{nc}&amp;lt;/math&amp;gt;||= Non-composite section modulus at bottom of girder&lt;br /&gt;
|-&lt;br /&gt;
|&amp;lt;math&amp;gt;\, St_c&amp;lt;/math&amp;gt;||= Composite section modulus at top of girder&lt;br /&gt;
|-&lt;br /&gt;
|&amp;lt;math&amp;gt;\, St_{nc}&amp;lt;/math&amp;gt;||= Non-composite section modulus at top of girder&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Prestress Camber&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
Reference: Computer Program BR139B&lt;br /&gt;
&lt;br /&gt;
&amp;lt;center&amp;gt;[[Image:751.40 prestressed concrete i-girders-camber diagram.gif]]&amp;lt;/center&amp;gt;&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&amp;lt;math&amp;gt;\, &lt;br /&gt;
\begin{Bmatrix}&lt;br /&gt;
I4 = 107,888 in.^4\\&lt;br /&gt;
(non-transformed)\\&lt;br /&gt;
Beam\ wt. = 0.541\ (k/ft.)&lt;br /&gt;
\end{Bmatrix}&lt;br /&gt;
&amp;lt;/math&amp;gt; &amp;amp;nbsp; Used to resist uplift before beam is set on bent.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&amp;lt;math&amp;gt;\, &lt;br /&gt;
\begin{Bmatrix}&lt;br /&gt;
I4 = 114,383 in.^4\\&lt;br /&gt;
(transformed)\\&lt;br /&gt;
Slab\ wt. = 0.92\ (k/ft.)\\&lt;br /&gt;
Diaphragm\ wt. = 2.65\ (K)&lt;br /&gt;
\end{Bmatrix}&lt;br /&gt;
&amp;lt;/math&amp;gt; &amp;amp;nbsp; Used after beam is in place.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
{|&lt;br /&gt;
|align=&amp;quot;right&amp;quot;|Mult. factor|| &amp;amp;nbsp; &amp;lt;math&amp;gt;\, [1 + (1 - e^{-\phi})] = 1.77&amp;lt;/math&amp;gt;&lt;br /&gt;
| rowspan=&amp;quot;6&amp;quot; align=&amp;quot;center&amp;quot; |&lt;br /&gt;
{| border=&amp;quot;1&amp;quot; cellspacing=&amp;quot;0&amp;quot; style=&amp;quot;text-align:center&amp;quot;&lt;br /&gt;
|rowspan=&amp;quot;2&amp;quot;| &amp;amp;nbsp;||colspan=&amp;quot;2&amp;quot;|Mult. Factor &amp;lt;math&amp;gt;\, (F)&amp;lt;/math&amp;gt;&lt;br /&gt;
|-&lt;br /&gt;
|&amp;lt;math&amp;gt;\, f&#039;c&amp;lt;/math&amp;gt; = 5,000psi||&amp;lt;math&amp;gt;\, f&#039;c&amp;lt;/math&amp;gt; = 6,000psi&lt;br /&gt;
|-&lt;br /&gt;
|Beam Type 3||1.780||1.773&lt;br /&gt;
|-&lt;br /&gt;
|Beam Type 4||1.772||1.765&lt;br /&gt;
|-&lt;br /&gt;
|Beam Type 4||1.775||1.768&lt;br /&gt;
|-&lt;br /&gt;
|Beam Type 6||1.761||1.754&lt;br /&gt;
|}&lt;br /&gt;
|-&lt;br /&gt;
|align=&amp;quot;right&amp;quot;|&amp;lt;math&amp;gt;\, F&amp;lt;/math&amp;gt;||= 1.77&lt;br /&gt;
|-&lt;br /&gt;
|align=&amp;quot;right&amp;quot;|&amp;lt;math&amp;gt;\, e&amp;lt;/math&amp;gt;||=2.718&lt;br /&gt;
|-&lt;br /&gt;
|align=&amp;quot;right&amp;quot;|&amp;lt;math&amp;gt;\, \phi&amp;lt;/math&amp;gt;||= \varepsilon\ creep \times E_{28\ days}&lt;br /&gt;
|-&lt;br /&gt;
|align=&amp;quot;right&amp;quot; valign=&amp;quot;top&amp;quot;|&amp;lt;math&amp;gt;\, \varepsilon\ creep&amp;lt;/math&amp;gt;||width=&amp;quot;300pt&amp;quot;|= (See page 3 PCA design of precast prestressed concrete girders. Use 40% factor based on creep at erection for 28 days.)&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
The following formulas are used to determine:&lt;br /&gt;
*Camber due initial strand stress (inch),&lt;br /&gt;
*deflection due beam weight (inch),&lt;br /&gt;
*camber due strands, beam weight and 28 day creep (inch),&lt;br /&gt;
*camber L/4 due strands, beam weight and 28 day creep (inch),&lt;br /&gt;
*deflection due to slab weight (inch),&lt;br /&gt;
*camber centerline due strands, beam weight, 28 day creep, slab and diaphragm (inch), and&lt;br /&gt;
*camber quarterpoint due strands, beam weight, 28 day creep, slab and diaphragm (inch).&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
Formulas used:&lt;br /&gt;
&lt;br /&gt;
Positive deflect up &amp;lt;math&amp;gt;\, \uparrow&amp;lt;/math&amp;gt;&lt;br /&gt;
&lt;br /&gt;
Negative deflect down &amp;lt;math&amp;gt;\, \downarrow&amp;lt;/math&amp;gt;&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&amp;lt;math&amp;gt;\, \uparrow \triangle_1 = 144 \times 10^3 \times \underset {(a = \big[ L - (centerline\ to\ centerline\ tie\ downs) \big] \div 2)ft.}{ \Bigg[ \frac{F_{01}(e_1)(L_2}{8E_i I} + \frac{F_{02}(e_2 + e_3}{E_i I} \Bigg( \frac{L_2}{8} - \frac{a^2}{6} \Bigg) - \frac{F_{02}(e_3(L^2)}{8E_i I} \Bigg]} &amp;lt;/math&amp;gt;&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
Beam weight camber&lt;br /&gt;
&lt;br /&gt;
&amp;lt;math&amp;gt;\, \downarrow \triangle_2 = \frac{5W_B(L^4)}{384E_iI} (1728 \times 10^3)&amp;lt;/math&amp;gt;&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
Slab weight camber&lt;br /&gt;
&lt;br /&gt;
&amp;lt;math&amp;gt;\, \downarrow \triangle_s = \Bigg[ \frac{5W_s(L^4)}{384E_fI_{TR}} + \frac{P(L^3)}{48E_fI_{TR}} + \frac{2PsX(3L^2 - 4X^2)}{48E_fI_{TR}} \Bigg] (1728 \times 10^3)&amp;lt;/math&amp;gt;&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
Force straight strands (1/2&amp;quot; low relaxation strands)&lt;br /&gt;
&lt;br /&gt;
:&amp;lt;math&amp;gt;\, F_{01} = (no.\ of\ straight\ strands) \times \big[ 31.0 - (17.1 \times 0.153) \big] kips&amp;lt;/math&amp;gt;&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
Force draped strands ( 1/2 &amp;quot; low relaxation strands)&lt;br /&gt;
&lt;br /&gt;
:&amp;lt;math&amp;gt;\, F_{02} = (no.\ of\ draped\ strands) \times \big[ 31.0 - (17.1 \times 0.153) \big] &lt;br /&gt;
kips&amp;lt;/math&amp;gt;&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
:&amp;lt;math&amp;gt;\, 270 ksi \times 75% \times (0.153 sq.\ in.) = 31\ kips\ per\ strand&amp;lt;/math&amp;gt;&lt;br /&gt;
:&amp;lt;math&amp;gt;202.5 \times (1-0.0884) = 184.6 ksi&amp;lt;/math&amp;gt;&lt;br /&gt;
:&amp;lt;math&amp;gt;184.6 \times (1-0.0884) = 168.28 ksi&amp;lt;/math&amp;gt;&lt;br /&gt;
:&amp;lt;math&amp;gt;202.5 - 168.28 = 34.22 ksi = Total\ loss&amp;lt;/math&amp;gt;&lt;br /&gt;
&lt;br /&gt;
:&amp;lt;math&amp;gt;Average\ loss = Totalloss/2 = 34.22/2 = 17.1 ksi&amp;lt;/math&amp;gt;&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
{|&lt;br /&gt;
|&amp;lt;math&amp;gt;e_1&amp;lt;/math&amp;gt;||= dist. centroid beam to centroid straight strand (in.)&lt;br /&gt;
|-&lt;br /&gt;
|&amp;lt;math&amp;gt;e_2&amp;lt;/math&amp;gt;||= dist. centroid beam to low centroid draped at center of beam (in.)&lt;br /&gt;
|-&lt;br /&gt;
|&amp;lt;math&amp;gt;e_3&amp;lt;/math&amp;gt;||= dist. centroid beam to up centroid draped at end of beam (in.)&lt;br /&gt;
|-&lt;br /&gt;
|&amp;lt;math&amp;gt;L&amp;lt;/math&amp;gt;||= length (ft.) (cneterline bearing to centerline bearing).&lt;br /&gt;
|-&lt;br /&gt;
|&amp;lt;math&amp;gt;I&amp;lt;/math&amp;gt;||= moment of inertia (in.&amp;lt;sup&amp;gt;2&amp;lt;/sup&amp;gt;) non-transformed.&lt;br /&gt;
|-&lt;br /&gt;
|&amp;lt;math&amp;gt;I_{TR}&amp;lt;/math&amp;gt;||= moment of inertia (in.&amp;lt;sup&amp;gt;2&amp;lt;/sup&amp;gt;) transformed.&lt;br /&gt;
|-&lt;br /&gt;
|&amp;lt;math&amp;gt;Ps&amp;lt;/math&amp;gt;||= concentrated loads due to variable slab thickness on each end.&lt;br /&gt;
|-&lt;br /&gt;
|&amp;lt;math&amp;gt;X&amp;lt;/math&amp;gt;||= dist. from centerline brg. to Ps.&lt;br /&gt;
|-&lt;br /&gt;
|&amp;lt;math&amp;gt;P&amp;lt;/math&amp;gt;||= concentrated load due to diaphragm at center of span (kips)&lt;br /&gt;
|-&lt;br /&gt;
|&amp;lt;math&amp;gt;W_B&amp;lt;/math&amp;gt;||= uniform beam load (kips/ft.)&lt;br /&gt;
|-&lt;br /&gt;
|&amp;lt;math&amp;gt;W_S&amp;lt;/math&amp;gt;||= uniform slab load (kips/ft.)&lt;br /&gt;
|-&lt;br /&gt;
|&amp;lt;math&amp;gt;F&amp;lt;/math&amp;gt;||= factor for 28 day creep&lt;br /&gt;
|-&lt;br /&gt;
|&amp;lt;math&amp;gt;E_i&amp;lt;/math&amp;gt;||= modulus of elasticity corresponding to initial girder concrete strength&lt;br /&gt;
|-&lt;br /&gt;
|&amp;lt;math&amp;gt;E_f&amp;lt;/math&amp;gt;||= modulus of elasticity corresponding to final girder concrete strength&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&amp;lt;math&amp;gt;\, \triangle Centerline = F( \triangle_1 - \triangle_2) - \triangle_s&amp;lt;/math&amp;gt;&lt;br /&gt;
::&amp;lt;math&amp;gt;\, \triangle\ at\ 0.10 = 0.314 ( \triangle\ at\  Centerline) &amp;lt;/math&amp;gt;&lt;br /&gt;
::&amp;lt;math&amp;gt;\, \triangle\ at\ 0.20 = 0.593 ( \triangle\ at\  Centerline) &amp;lt;/math&amp;gt;&lt;br /&gt;
::&amp;lt;math&amp;gt;\, \triangle\ at\ 0.25 = 0.7125 ( \triangle\ at\  Centerline) &amp;lt;/math&amp;gt;&lt;br /&gt;
::&amp;lt;math&amp;gt;\, \triangle\ at\ 0.30 = 0.813 ( \triangle\ at\  Centerline) &amp;lt;/math&amp;gt;&lt;br /&gt;
::&amp;lt;math&amp;gt;\, \triangle\ at\ 0.40 = 0.952 ( \triangle\ at\  Centerline) &amp;lt;/math&amp;gt;&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
Note: Compute and show on plans camber at  1/4  points for bridges with spans less than 75&#039;, 1/10 points for spans 75&#039; and over.&lt;br /&gt;
&lt;br /&gt;
===== 751.40.8.10.1.4 Superstructure Design =====&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Live Load Distribution&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
The live load distribution to girders may be assumed to be the same as the&lt;br /&gt;
AASHTO distribution for concrete floors on steel I-Beam stringers. These&lt;br /&gt;
factors may be found in [[751.40 Widening and Repair #751.40.8.2 Distribution of Loads|EPG 751.40.8.2 Distribution of Loads]].&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Ultimate Load Capacity&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
The ultimate load capacity shall be not less than 1.3 times (the weight of&lt;br /&gt;
the girder plus the weight of the slab and diaphragms plus the weight of the&lt;br /&gt;
future wearing surface) plus 2.17 times the design live load plus impact.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Ultimate Strength&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
The ultimate moment on a prestressed girder as determined in accordance&lt;br /&gt;
with the ultimate load capacity indicated above, shall not be greater than&lt;br /&gt;
the ultimate strength determined as follows:&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
{|border=&amp;quot;0&amp;quot; cellpadding=&amp;quot;5&amp;quot; cellspacing=&amp;quot;1&amp;quot; align=&amp;quot;center&amp;quot; style=&amp;quot;text-align:center&amp;quot;&lt;br /&gt;
|-&lt;br /&gt;
|Where &amp;amp;nbsp; &amp;lt;math&amp;gt;\, t \le 0.2d&amp;lt;/math&amp;gt;|| &amp;amp;nbsp;|| Where &amp;amp;nbsp; &amp;lt;math&amp;gt;\, t &amp;gt; 0.2d&amp;lt;/math&amp;gt;&lt;br /&gt;
|-&lt;br /&gt;
|[[Image:751.40 prestressed concrete i-girders-ultimate strength diagram-1.gif]]|| &amp;amp;nbsp;&lt;br /&gt;
|[[Image:751.40 prestressed concrete i-girders-ultimate strength diagram-2.gif]]&lt;br /&gt;
|-&lt;br /&gt;
|&amp;lt;math&amp;gt;\, M_u = A_sf&#039;_s (d -t/2)&amp;lt;/math&amp;gt;&amp;lt;br/&amp;gt;or&amp;lt;br/&amp;gt;&amp;lt;math&amp;gt;\, M_u = 0.85 f&#039;_c bt (d-t/2)&amp;lt;/math&amp;gt;&lt;br /&gt;
|Use the lesser&amp;lt;br/&amp;gt;in each case&lt;br /&gt;
|&amp;lt;math&amp;gt;\, M_u = A_sf&#039;_s (0.9d)&amp;lt;/math&amp;gt;&amp;lt;br/&amp;gt;or&amp;lt;br/&amp;gt;&amp;lt;math&amp;gt;\, M_u = 0.85 f&#039;_c b(0.2d)(0.9d)&amp;lt;/math&amp;gt;&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
Where:&lt;br /&gt;
{|&lt;br /&gt;
|&amp;lt;math&amp;gt;\, A_s&amp;lt;/math&amp;gt;||= Area of p/s strands in bottom flange&lt;br /&gt;
|-&lt;br /&gt;
|&amp;lt;math&amp;gt;\, b&amp;lt;/math&amp;gt;, &amp;lt;math&amp;gt;\, b&#039;&amp;lt;/math&amp;gt;, &amp;lt;math&amp;gt;\, t&amp;lt;/math&amp;gt; &amp;amp; &amp;lt;math&amp;gt;\, d&amp;lt;/math&amp;gt;||= as shown above&lt;br /&gt;
|-&lt;br /&gt;
|&amp;lt;math&amp;gt;\, f&#039;_s&amp;lt;/math&amp;gt;||= Ultimate strength of p/s strands&lt;br /&gt;
|-&lt;br /&gt;
|&amp;lt;math&amp;gt;\, f&#039;_c&amp;lt;/math&amp;gt;||= Ultimate strength of slab concrete = 4,000 psi&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Maximum Prestressing Steel Area&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
:&amp;lt;math&amp;gt;\, A_s = \frac{0.85 f&#039;_c b t}{f&#039;_s}&amp;lt;/math&amp;gt; &amp;amp;nbsp; When &amp;amp;nbsp; &amp;lt;math&amp;gt;\, t \le 0.2d&amp;lt;/math&amp;gt;&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
:&amp;lt;math&amp;gt;\, a_s = \frac{0.85 f._c b (0.2d)}{f&#039;_s}&amp;lt;/math&amp;gt; &amp;amp;nbsp; When &amp;amp;nbsp; &amp;lt;math&amp;gt;\, t &amp;gt; 0.2d&amp;lt;/math&amp;gt;&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
In lieu of the above, AASHTO - Article 9.17 &amp;amp; 9.18 may be used. (This is the method used by computer program BR200)&lt;br /&gt;
&lt;br /&gt;
===== 751.40.8.10.1.5 Web Reinforcement =====&lt;br /&gt;
&lt;br /&gt;
(5&amp;quot; Min. - 21&amp;quot; Max. bar spacing for #4 bars)&lt;br /&gt;
(5&amp;quot; Min. - 24&amp;quot; Max. bar spacing for #5 bars)&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&amp;lt;center&amp;gt;[[Image:751.40 prestressed concrete i-girders-web reinforcement diagram.gif]]&amp;lt;/center&amp;gt;&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
(*) Prestressed concrete members shall be reinforced for diagonal tension stresses. Shear reinforcement shall be placed perpendicular to the axis of the member. The formula to be used to compute areas of web reinforcement is as follows:&lt;br /&gt;
&lt;br /&gt;
:&amp;lt;math&amp;gt;\, A_V = \frac{(V_U - V_C)S}{2f_{sy}jd}&amp;lt;/math&amp;gt; &amp;amp;nbsp; Where &amp;amp;nbsp; &amp;lt;math&amp;gt;\, V_C = (0.06f&#039;c)b&#039;jd&amp;lt;/math&amp;gt; &amp;amp;nbsp; but not more than &amp;lt;math&amp;gt;\, 180 b&#039;jd&amp;lt;/math&amp;gt;&lt;br /&gt;
&lt;br /&gt;
:But shall not be less than  &amp;amp;nbsp; &amp;lt;math&amp;gt;\, A_V = \frac{100b&#039;s}{60,000} = 0.00167 b&#039;s&amp;lt;/math&amp;gt;.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
(**) Since large moments and large shears occur in the same area of the girder near the interior supports, the AASHTO formula (AASHTO - 9.20 -Shear) for computing the area of web reinforcement has been modified. The formula to be used to compute areas of web reinforcement near interior supports is as follows:&lt;br /&gt;
&lt;br /&gt;
:&amp;lt;math&amp;gt;\, A_V = \frac{(V_U - V_C)S}{f_{sy}jd}; V_C = 180b&#039;jd&amp;lt;/math&amp;gt;&lt;br /&gt;
&lt;br /&gt;
The value &amp;quot;jd&amp;quot; is the distance from the slab reinforcement to the center-of-gravity of the compression area under ultimate loads.&lt;br /&gt;
&lt;br /&gt;
Use #4 shear reinforcement when possible. Alternate B1 bar will not work with #5.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Anchorage Zone Reinforcement - AASHTO Article 9.21.3&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
The following detail meets the criteria for anchorage zone reinforcement for pretensioned girders (AASHTO Article 9.21.3) for all MoDOT standard girder shapes.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
{|border=&amp;quot;0&amp;quot; cellpadding=&amp;quot;5&amp;quot; align=&amp;quot;center&amp;quot; style=&amp;quot;text-align:center&amp;quot; cellspacing=&amp;quot;0&amp;quot;&lt;br /&gt;
|+&#039;&#039;&#039;Standard P/S Girder End Section&#039;&#039;&#039;&lt;br /&gt;
|[[Image:751.40 prestressed concrete i-girders-standard girder end-end section.gif]]&lt;br /&gt;
|[[Image:751.40 prestressed concrete i-girders-standard girder end-end elevation.gif]]&lt;br /&gt;
|}&lt;br /&gt;
{|border=&amp;quot;0&amp;quot; cellpadding=&amp;quot;5&amp;quot; align=&amp;quot;center&amp;quot; style=&amp;quot;text-align:center&amp;quot; cellspacing=&amp;quot;0&amp;quot;&lt;br /&gt;
|-&lt;br /&gt;
|align=&amp;quot;right&amp;quot; valign=&amp;quot;top&amp;quot;|*&lt;br /&gt;
|width=&amp;quot;200&amp;quot; align=&amp;quot;left&amp;quot;|2 3/4&amp;quot; (Type 2, 3 &amp;amp; 4)&amp;lt;br/&amp;gt;5 1/4&amp;quot; (Type 6)&lt;br /&gt;
|-&lt;br /&gt;
|align=&amp;quot;right&amp;quot; valign=&amp;quot;top&amp;quot;|**&lt;br /&gt;
|width=&amp;quot;200&amp;quot; align=&amp;quot;left&amp;quot;|15 1/2&amp;quot; (Type 2, 3 &amp;amp; 4)&amp;lt;br/&amp;gt;22 1/2&amp;quot; (Type 6)&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Sole Plate Anchor Studs&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
The standard 1/2&amp;quot; sole plate will be anchored with four 1/2&amp;quot; x 4&amp;quot; studs.&lt;br /&gt;
&lt;br /&gt;
Studs shall be designed to meet the criteria of AASHTO Div. I-A in Seismic Performance Category C or D.&lt;br /&gt;
&lt;br /&gt;
Stud capacity is determined as follows:&lt;br /&gt;
&lt;br /&gt;
&amp;lt;math&amp;gt;\, Stud\ Cap. = (n)(As)(0.4Fy)(1.5)&amp;lt;/math&amp;gt;&lt;br /&gt;
&lt;br /&gt;
Where:&lt;br /&gt;
{|&lt;br /&gt;
|&amp;lt;math&amp;gt;\, n&amp;lt;/math&amp;gt;||= no. of studs&lt;br /&gt;
|-&lt;br /&gt;
|&amp;lt;math&amp;gt;\, As&amp;lt;/math&amp;gt;||= area of stud&lt;br /&gt;
|-&lt;br /&gt;
|&amp;lt;math&amp;gt;\, Fy&amp;lt;/math&amp;gt;||= yield strength of stud (50 ksi)&lt;br /&gt;
|-&lt;br /&gt;
|&amp;lt;math&amp;gt;\, 0.4Fy&amp;lt;/math&amp;gt;||= Allowable Shear in Pins AASHTO Table 10.32.1A&lt;br /&gt;
|-&lt;br /&gt;
|&amp;lt;math&amp;gt;\, 1.5&amp;lt;/math&amp;gt;||= seismic overload factor&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
If required, increase the number of 1/2&amp;quot; studs to six and space between open B2 bars. If this is still not adequate, 5/8&amp;quot; studs may be used.  The following table may be used as a guide to upper limits of dead load reactions:&lt;br /&gt;
&lt;br /&gt;
{|align=&amp;quot;center&amp;quot;&lt;br /&gt;
|width=&amp;quot;300pt&amp;quot;|The minimum 3/16&amp;quot; fillet weld between the&amp;lt;br/&amp;gt;1/2&amp;quot; bearing plate and 1 1/2&amp;quot; sole plate is&amp;lt;br/&amp;gt;adequate for all cases.&lt;br /&gt;
| align=&amp;quot;center&amp;quot; |&lt;br /&gt;
{| border=&amp;quot;1&amp;quot; cellspacing=&amp;quot;0&amp;quot; style=&amp;quot;text-align:center&amp;quot;&lt;br /&gt;
|+Seismic Bearing Plate Anchor Design&lt;br /&gt;
|rowspan=&amp;quot;2&amp;quot; width=&amp;quot;50pt&amp;quot;|No. of&amp;lt;br/&amp;gt;Studs||width=&amp;quot;50pt&amp;quot;  rowspan=&amp;quot;2&amp;quot;|Stud&amp;lt;br/&amp;gt;Dia.||colspan=&amp;quot;2&amp;quot;|Max. Allowable D.L. Reaction (Kips)&lt;br /&gt;
|-&lt;br /&gt;
|A = 0.30||A = 0.36&lt;br /&gt;
|-&lt;br /&gt;
|4||1/2&amp;quot;||78||65&lt;br /&gt;
|-&lt;br /&gt;
|6||1/2&amp;quot;||117||98&lt;br /&gt;
|-&lt;br /&gt;
|4||5/8&amp;quot;||122||102&lt;br /&gt;
|-&lt;br /&gt;
|6||5/8&amp;quot;||184||153&lt;br /&gt;
|}&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
===== 751.40.8.10.1.6 Strands – Miscellaneous =====&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Detensioning&#039;&#039;&#039; &lt;br /&gt;
&lt;br /&gt;
In all detensioning operations the prestressing forces must be kept symmetrical about the vertical axis of the member and must be applied in such a manner as to prevent any sudden or shock loading.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;General Information&#039;&#039;&#039; &lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Splicing:&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
One approved splice per pretensioning strand will be permitted provided the splices are so positioned that none occur within a member. Strands which are being spliced shall have the same &amp;quot;Twist&amp;quot; or &amp;quot;Lay&amp;quot;. Allowance shall be made for slippage of the splice in computing strand elongation.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Wire failure:&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
Failure of one wire in a seven wire pretensioning strand may be accepted, provided that, it is not more than two percent of the total area of the strands.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Sand Blasting:&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
On structures where it is questionable as to the clarity of areas to be sandblasted: show limits of sandblasted area in a plan view of details on girder ends (bent sheet). However, generally, sandblasting is covered by Missouri Standard Specification 705.4.14.&lt;br /&gt;
&lt;br /&gt;
==== 751.40.8.10.2 Length ====&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
===== 751.40.8.10.2.1 Structure Length =====&lt;br /&gt;
&lt;br /&gt;
&amp;lt;center&amp;gt;[[Image:751.40 prestressed concrete i-girders-structure length-integral end bents.gif]]&amp;lt;/center&amp;gt;&lt;br /&gt;
&lt;br /&gt;
&amp;lt;center&amp;gt;(*) Maximum length for End Bent to End Bent = 600 feet.&amp;lt;/center&amp;gt;&lt;br /&gt;
&lt;br /&gt;
&amp;lt;center&amp;gt;&#039;&#039;&#039;Typical Continuous Prestressed Structure&#039;&#039;&#039;&amp;lt;br/&amp;gt;&#039;&#039;&#039;(Integral End Bents)&#039;&#039;&#039;&amp;lt;/center&amp;gt;&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&amp;lt;center&amp;gt;[[Image:751.40 prestressed concrete i-girders-structure length-non integral end bents.gif]]&amp;lt;/center&amp;gt;&lt;br /&gt;
&lt;br /&gt;
&amp;lt;center&amp;gt;(**) Maximum length for End Bent to End Bent = 800 feet.&amp;lt;/center&amp;gt;&lt;br /&gt;
&lt;br /&gt;
&amp;lt;center&amp;gt;&#039;&#039;&#039;Typical Continuous Prestressed Structure&#039;&#039;&#039;&amp;lt;br/&amp;gt;&#039;&#039;&#039;(Non-Integral End Bents)&#039;&#039;&#039;&amp;lt;/center&amp;gt;&lt;br /&gt;
&lt;br /&gt;
==== 751.40.8.10.3 Miscellaneous Details ====&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
===== 751.40.8.10.3.1 Shear Blocks =====&lt;br /&gt;
&lt;br /&gt;
A minimum of two Shear Blocks 12&amp;quot; wide x [[Image:751.40 circled 1.gif]] high by width of diaphragm, will be detailed at effective locations on open diaphragm bent caps when adequate structural restraint cannot be provided for with anchor bolts.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&amp;lt;center&amp;gt;[[Image:751.40 prestressed concrete i-girders-miscellaneous details-shear block.gif]]&amp;lt;/center&amp;gt;&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
{|border=&amp;quot;0&amp;quot; cellpadding=&amp;quot;5&amp;quot; cellspacing=&amp;quot;1&amp;quot; align=&amp;quot;center&amp;quot; style=&amp;quot;text-align:center&amp;quot;&lt;br /&gt;
|-&lt;br /&gt;
|valign=&amp;quot;top&amp;quot; align=&amp;quot;right&amp;quot;|[[Image:751.40 circled 1.gif]]||align=&amp;quot;left&amp;quot; width=&amp;quot;400pt&amp;quot; |Height of shear block shall extend a minimum of 1&amp;quot; above the top of the sole plate.&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
===== 751.40.8.10.3.2 Anchor Bolts =====&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Simple Spans&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
{|border=&amp;quot;0&amp;quot; cellpadding=&amp;quot;5&amp;quot; cellspacing=&amp;quot;1&amp;quot; align=&amp;quot;center&amp;quot; style=&amp;quot;text-align:center&amp;quot;&lt;br /&gt;
|-&lt;br /&gt;
|colspan=&amp;quot;2&amp;quot;|[[Image:751.40 prestressed concrete i-girders-miscellaneous details-anchor bolts.gif]]&lt;br /&gt;
|-&lt;br /&gt;
!width=&amp;quot;50%&amp;quot;|Expansion||width=&amp;quot;50%&amp;quot;|Fixed&lt;br /&gt;
|-&lt;br /&gt;
!colspan=&amp;quot;2&amp;quot;|Part Elevation&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
{|border=&amp;quot;0&amp;quot; cellpadding=&amp;quot;5&amp;quot; cellspacing=&amp;quot;1&amp;quot; align=&amp;quot;center&amp;quot; style=&amp;quot;text-align:center&amp;quot;&lt;br /&gt;
|-&lt;br /&gt;
|valign=&amp;quot;top&amp;quot; align=&amp;quot;right&amp;quot;|Note:||align=&amp;quot;left&amp;quot; width=&amp;quot;400pt&amp;quot;|It is permissible for the reinforcing bars and or the strands to come in contact with the materials used in forming A.B. holes.&lt;br /&gt;
|-&lt;br /&gt;
|valign=&amp;quot;top&amp;quot; align=&amp;quot;right&amp;quot;|&amp;amp;nbsp;||align=&amp;quot;left&amp;quot; width=&amp;quot;400pt&amp;quot;|If A.B. holes are formed with galvanized sheet metal, the forms may be left in place.&lt;br /&gt;
|-&lt;br /&gt;
|valign=&amp;quot;top&amp;quot; align=&amp;quot;right&amp;quot;|&amp;amp;nbsp;||align=&amp;quot;left&amp;quot; width=&amp;quot;400pt&amp;quot;|Hole (1 1/2&amp;quot; round) to be grouted with approved non-shirk grout.&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
===== 751.40.8.10.3.3 Dowel Bars =====&lt;br /&gt;
&lt;br /&gt;
{|border=&amp;quot;0&amp;quot; cellpadding=&amp;quot;5&amp;quot; cellspacing=&amp;quot;1&amp;quot; align=&amp;quot;center&amp;quot; style=&amp;quot;text-align:center&amp;quot;&lt;br /&gt;
|-&lt;br /&gt;
|[[Image:751.40 prestressed concrete i-girders-miscellaneous details-dowel bars part elevation.gif]]&lt;br /&gt;
|[[Image:751.40 prestressed concrete i-girders-miscellaneous details-dowel bars section a-a.gif]]&lt;br /&gt;
|-&lt;br /&gt;
!width=&amp;quot;50%&amp;quot;|Part Elevation&amp;lt;br/&amp;gt;(Fixed Bent) (*)||width=&amp;quot;50%&amp;quot;|Section A-A (*)&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
{|border=&amp;quot;0&amp;quot; cellpadding=&amp;quot;5&amp;quot; cellspacing=&amp;quot;1&amp;quot; align=&amp;quot;center&amp;quot; style=&amp;quot;text-align:center&amp;quot;&lt;br /&gt;
|-&lt;br /&gt;
|valign=&amp;quot;top&amp;quot; align=&amp;quot;right&amp;quot;|(*)||align=&amp;quot;left&amp;quot; width=&amp;quot;300pt&amp;quot;|Details shown are for SPC A and B only.&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
Dowel bars shall be used for all fixed intermediate bents under prestressed superstructures.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
Seismic Performance Category A:&lt;br /&gt;
:Use #6 Bars @ 18&amp;quot; Cts. for dowel bars.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
Seismic Performance Category B:&lt;br /&gt;
:Dowel bars shall be determined by design. (#6 Bars @ 18&amp;quot; Cts. minimum)&lt;br /&gt;
:Design dowel bars for shear using service load design.&lt;br /&gt;
:Allowable stresses are permitted to increase by 33.3% for earthquake loads.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
Seismic Performance Categories C &amp;amp; D:&lt;br /&gt;
:See Structural Project Manager.&lt;br /&gt;
&lt;br /&gt;
===== 751.40.8.10.3.4 Expansion Device Support Slots =====&lt;br /&gt;
&lt;br /&gt;
{|border=&amp;quot;0&amp;quot; cellpadding=&amp;quot;5&amp;quot; cellspacing=&amp;quot;1&amp;quot; align=&amp;quot;center&amp;quot; style=&amp;quot;text-align:center&amp;quot;&lt;br /&gt;
|-&lt;br /&gt;
|[[Image:751.40 prestressed concrete i-girders-miscellaneous details-exp device support holes part plan.gif]]&lt;br /&gt;
|-&lt;br /&gt;
!Part Plan of P/S Concrete I-Girder @ Expansion Device End&lt;br /&gt;
|-&lt;br /&gt;
| &amp;amp;nbsp;&lt;br /&gt;
|-&lt;br /&gt;
|[[Image:751.40 prestressed concrete i-girders-miscellaneous details-exp device support holes part elevation.gif]]&lt;br /&gt;
|-&lt;br /&gt;
!Part Elevation of P/S Concrete I-Girder @ Expansion Device End&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
{|border=&amp;quot;0&amp;quot; cellpadding=&amp;quot;5&amp;quot; cellspacing=&amp;quot;1&amp;quot; align=&amp;quot;center&amp;quot; style=&amp;quot;text-align:center&amp;quot;&lt;br /&gt;
|-&lt;br /&gt;
|valign=&amp;quot;top&amp;quot; align=&amp;quot;right&amp;quot;|(*)||align=&amp;quot;left&amp;quot; width=&amp;quot;300pt&amp;quot;|Show these dimensions on the P/S concrete girder sheet.&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
===751.40.8.11	Open Concrete Intermediate Bents and Piers===&lt;br /&gt;
&lt;br /&gt;
====751.40.8.11.1 Design====&lt;br /&gt;
&lt;br /&gt;
=====751.40.8.11.1.1 General and Unit Stresses=====&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;GENERAL&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
Use Load Factor design method, except for footing pressure and pile capacity where the Service Load design method shall be used.&lt;br /&gt;
&lt;br /&gt;
In some cases, Service Load design method may be permitted on widening projects, see Structural Project Manager.&lt;br /&gt;
&lt;br /&gt;
The terms, Intermediate Bents and Piers, are to be considered interchangeable for EPG 751.40.8.11 Open Concrete Intermediate Bents and Piers.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;DESIGN UNIT STRESSES&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
(1) Reinforced Concrete&lt;br /&gt;
&lt;br /&gt;
:{|&lt;br /&gt;
|-&lt;br /&gt;
|Class B Concrete (Substructure)||width=&amp;quot;100&amp;quot;|&amp;lt;math&amp;gt;\, f_c&amp;lt;/math&amp;gt; = 1,200 psi||width=&amp;quot;100&amp;quot;|&amp;lt;math&amp;gt;\, f&#039;_c&amp;lt;/math&amp;gt; = 3,000 psi&lt;br /&gt;
|-&lt;br /&gt;
|Reinforcing Steel (Grade 60)||&amp;lt;math&amp;gt;\, f_s&amp;lt;/math&amp;gt; = 24,000 psi||&amp;lt;math&amp;gt;\, f_y&amp;lt;/math&amp;gt; = 60,000 psi&lt;br /&gt;
|-&lt;br /&gt;
|n = 10||&amp;amp;nbsp;&lt;br /&gt;
|-&lt;br /&gt;
|&amp;lt;math&amp;gt;\, E_c = W_1.5 \times 33 \sqrt{f&#039;_c}&amp;lt;/math&amp;gt;|| (AASHTO Article 8.7.1) (*)&lt;br /&gt;
|-&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
(2) Reinforced Concrete (**)&lt;br /&gt;
&lt;br /&gt;
:{|&lt;br /&gt;
|-&lt;br /&gt;
|Class B-1 Concrete (Substructure)||width=&amp;quot;100&amp;quot;|&amp;lt;math&amp;gt;\, f_c&amp;lt;/math&amp;gt; = 1,600 psi||width=&amp;quot;100&amp;quot;|&amp;lt;math&amp;gt;\, f&#039;_c&amp;lt;/math&amp;gt; = 4,000 psi&lt;br /&gt;
|-&lt;br /&gt;
|Reinforcing Steel (Grade 60)||&amp;lt;math&amp;gt;\, f_s&amp;lt;/math&amp;gt; = 24,000 psi||&amp;lt;math&amp;gt;\, f_y&amp;lt;/math&amp;gt; = 60,000 psi&lt;br /&gt;
|-&lt;br /&gt;
|&amp;lt;math&amp;gt;\, n&amp;lt;/math&amp;gt; = 8||&amp;amp;nbsp;&lt;br /&gt;
|-&lt;br /&gt;
|&amp;lt;math&amp;gt;\, E_c = W_1.5 \times 33 \sqrt{f&#039;c}&amp;lt;/math&amp;gt;|| (AASHTO Article 8.7.1) (*)&lt;br /&gt;
|-&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
(3) Structural Steel&lt;br /&gt;
&lt;br /&gt;
:Structural Carbon Steel  (ASTM A709 Grade 36) &lt;br /&gt;
:::::::::&amp;lt;math&amp;gt;\, f_s&amp;lt;/math&amp;gt; = 20,000 psi, &amp;amp;nbsp;  &amp;lt;math&amp;gt;\, f_y&amp;lt;/math&amp;gt; = 36,000 psi&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
(4) Overstress&lt;br /&gt;
&lt;br /&gt;
:The allowable overstresses as specified in AASHTO Article 3.22 shall be used where applicable for Service Load design method.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
(*) Use &amp;lt;math&amp;gt;\, W = 150 \ pcf, \ E_c = 60,625  \sqrt{f&#039;_c}&amp;lt;/math&amp;gt;&lt;br /&gt;
 &lt;br /&gt;
(**) May be used for special cases, see Structural Project Manager.&lt;br /&gt;
&lt;br /&gt;
=====751.40.8.11.1.2 Loads=====&lt;br /&gt;
(1) Dead Loads&lt;br /&gt;
  &lt;br /&gt;
 &lt;br /&gt;
&lt;br /&gt;
(2) Live Loads&lt;br /&gt;
&lt;br /&gt;
:As specified on the Bridge Memorandum.&lt;br /&gt;
 &lt;br /&gt;
:Impact of 30% is to be used for the design of beam, web supporting beam and top of columns. No impact is to be used for bottom of column, tie beam or footing design.&lt;br /&gt;
 &lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
(3) Wind and Frictional Forces&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
(4) Temperature and Shrinkage&lt;br /&gt;
&lt;br /&gt;
:The effect of normal and parallel components to the bent shall be considered. When bearings with high friction coefficients are used or for long bridge lengths, the columns and footings are to be analyzed for moments normal to the bent due to the horizontal deflection of the top of the bent.&lt;br /&gt;
 &lt;br /&gt;
 &lt;br /&gt;
 &lt;br /&gt;
(5) Buoyancy&lt;br /&gt;
&lt;br /&gt;
:If specified by the Structural Project Manager, or by the Bridge Memorandum. &lt;br /&gt;
 &lt;br /&gt;
&lt;br /&gt;
 &lt;br /&gt;
(6) Earth Pressure&lt;br /&gt;
&lt;br /&gt;
:Bents are to be analyzed for moments due to equivalent fluid pressure on columns and web where the ground line at time of construction, or potential changes in the ground line, indicate. &lt;br /&gt;
 &lt;br /&gt;
&lt;br /&gt;
 &lt;br /&gt;
(7) Earthquake&lt;br /&gt;
&lt;br /&gt;
:See Structural Project Manager or Liaison.&lt;br /&gt;
 &lt;br /&gt;
&lt;br /&gt;
 &lt;br /&gt;
(8) Special Stability Situations&lt;br /&gt;
&lt;br /&gt;
:When indicated by the Bridge Memorandum or by the Structural Project Manager, piers must be analyzed for special loadings as directed (i.e., differential settlement).&lt;br /&gt;
 &lt;br /&gt;
&lt;br /&gt;
 &lt;br /&gt;
(9) Collision&lt;br /&gt;
&lt;br /&gt;
:Where the possibility of collision exists from railroad traffic, the appropriate protection system, for example Collision Wall, shall be provided (See the Bridge Memorandum).&lt;br /&gt;
 &lt;br /&gt;
&lt;br /&gt;
 &lt;br /&gt;
(10) Collision Walls&lt;br /&gt;
&lt;br /&gt;
:Collision walls are to be designed for the unequal horizontal forces from the earth pressure, if the condition exists (See the Bridge Memorandum).  The vertical force on the collision wall is the dead load weight of the wall (*).  If a bent has three or more columns, design the steel in the top of the wall for negative moment.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
(*) For footing design, the eccentricity dead load moment due to an unsymmetrical collision wall shall be considered.&lt;br /&gt;
&lt;br /&gt;
=====751.40.8.11.1.3 Distribution of Loads=====&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
(1) Dead Loads&lt;br /&gt;
&lt;br /&gt;
:Loads from stringers, girders, etc. shall be concentrated loads applied at the centerline of bearing.  Loads from superstructure, such as concrete slab spans, shall be applied as uniformly distributed loads.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
(2) Live Loads&lt;br /&gt;
&lt;br /&gt;
:Loads from stringers, girders, etc., shall be applied as concentrated loads at the intersection of centerline of stringer and centerline of bent.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
(3) Wind and Frictional Forces&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
(4) Temperature&lt;br /&gt;
&lt;br /&gt;
:Apply at the top of the substructure beam.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
(5) Earth Loads&lt;br /&gt;
:(a) Vertical&lt;br /&gt;
::Vertical earth loads on tie beams shall be applied as uniform loads for a column of earth equal to 3 times the width of the beam.  The weight of earth for footing design shall be that directly above the footing, excluding that occupied by the column. &lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
::The earth above the seal courses shall be considered in computing pile loads.  Refer to the Design and Dimension of the Pile Footings portion of [[#751.40.8.13 Concrete Pile Cap Non-Integral End Bents|EPG 751.40.8.13 Concrete Pile Cap Non-Integral End Bents]] or [[751.36 Driven Piles|EPG 751.36 Driven Piles]].&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
:(b) Horizontal&lt;br /&gt;
&amp;lt;center&amp;gt;&lt;br /&gt;
&lt;br /&gt;
[[Image:751.40 Open Concrete Int Bents and Piers- Distribution Loads.gif]]&lt;br /&gt;
&lt;br /&gt;
&amp;lt;/center&amp;gt;&lt;br /&gt;
(*) A factor of 2.0 is applied to the moment to allow for the possibility of the column esisting earth pressure caused by the earth behind the column twice the column width.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
(6) Earthquake Loads&lt;br /&gt;
&lt;br /&gt;
:See Structural Project Manager or Liaison.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
(7) Seal Course&lt;br /&gt;
&lt;br /&gt;
:The weight of the seal course shall not be considered as contributing to the pile loads, except for unusual cases.&lt;br /&gt;
&lt;br /&gt;
=====751.40.8.11.1.4 Types of Design=====&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;TYPES OF DESIGN&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
Rigid frame design is to be used for the design of Intermediate Bents and&lt;br /&gt;
Piers.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
The joint between the beam and column, and web or tie beam and column, &lt;br /&gt;
is assumed to be integral for all phases of design and must be analyzed &lt;br /&gt;
for reinforcement requirements as a &amp;quot;Rigid Frame&amp;quot;.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
The joint between the column and footing is assumed to be &amp;quot;fixed&amp;quot;,&lt;br /&gt;
unless foundation fexibility needs to be considered (consult Structural &lt;br /&gt;
Project Manager for this assessment).&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
If the distance from the ground line to the footing is large (*), &lt;br /&gt;
consideration shall be given to assuming the column to be &amp;quot;fixed&amp;quot; at a &lt;br /&gt;
point below the ground line.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
(*) When the distance from the ground line to the top of footing is 10&#039; or more, the unsupported height and the fixed point may be measured from the bottom of the beam to the ground line plus 1/2 of the distance from the ground line to the top of the footing.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;UNSUPPORTED HEIGHT&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
Unsupported height is the distance from the bottom of the beam to the &lt;br /&gt;
top of the footing.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;SINGLE COLUMN&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
Use rigid frame design with the column considered &amp;quot;fixed&amp;quot; at the bottom for all of the conditions.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;COLUMN DIAMETER CHANGE&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
Use a change in column diameter as required by the Bridge Memorandum or column design.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;COLUMN SPACING (TRIAL)&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
(Except Web Supporting Beam type)&lt;br /&gt;
&lt;br /&gt;
Estimate centerline-centerline column spacing for a two column bent as 72% of the distance from the centerline of the outside girder to the centerline of the outside girder.&lt;br /&gt;
&lt;br /&gt;
A three column bent spacing estimation is 44% of the centerline-centerline outside girder spacing.&lt;br /&gt;
&lt;br /&gt;
====751.40.8.11.2 Reinforcement====&lt;br /&gt;
=====751.40.8.11.2.1 Hammer Head Type=====&lt;br /&gt;
&amp;lt;center&amp;gt;&lt;br /&gt;
{|&lt;br /&gt;
|-&lt;br /&gt;
|[[Image:751.40 Open Concrete Int Bents and Piers- Hammer Head Type- Part Plan.gif]]||[[Image:751.40 Open Concrete Int Bents and Piers- Hammer Head Type- Section A-A.gif]]&lt;br /&gt;
|-&lt;br /&gt;
|PART PLAN||SECTION A-A&lt;br /&gt;
|-&lt;br /&gt;
|rowspan=&amp;quot;2&amp;quot;|[[Image:751.40 Open Concrete Int Bents and Piers- Hammer Head Type- Part Elev.gif]]||style=&amp;quot;text-align:left&amp;quot;|Note:&amp;lt;br&amp;gt;When an expansion device in the slab is used at an intermediate bent, all reinforcement located entirely within the beam shall be epoxy coated.  See details of protective coating and sloping top of beam to drain.&lt;br /&gt;
|-&lt;br /&gt;
|[[Image:751.40 Open Concrete Int Bents and Piers- Hammer Head Type- Part Section B-B.gif]]&lt;br /&gt;
|-&lt;br /&gt;
|PART ELEVATION||PART SECTION B-B&lt;br /&gt;
|-&lt;br /&gt;
|}&lt;br /&gt;
&amp;lt;/center&amp;gt;&lt;br /&gt;
&lt;br /&gt;
(*) Add hooked reinforcement as required by design.&lt;br /&gt;
&lt;br /&gt;
(**) See AASHTO Article 8.18.2.3.4 for tie requirements.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
[[Image:751.40 circled 1.gif]] All stirrups in beam to be the same size bar. (Use a min. spacing of 5&amp;quot; (6&amp;quot; for double stirrups), minimum stirrups are #4 at 12&amp;quot; cts., and maximum&lt;br /&gt;
stirrups are #6 at 6&amp;quot; cts.)&lt;br /&gt;
&lt;br /&gt;
Locate #4 bars (┌─┐) under bearings if required.  (Not required for P/S Double-Tee Girders.)&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
[[Image:751.40 circled 2.gif]] See development length (Other than top bars) or standard hooks in&lt;br /&gt;
tension, Ldh.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
[[Image:751.40 circled 3.gif]] See lap splice class C.&lt;br /&gt;
&lt;br /&gt;
====751.40.8.11.3 Pile Footings====&lt;br /&gt;
=====751.40.8.11.3.1 Design and Dimensions=====&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;GENERAL &#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
:Number, size and spacing of piling shall be determined by computing the pile loads and applying the proper allowable overstresses.&lt;br /&gt;
 &lt;br /&gt;
:Cases of Loading:  (AASHTO Article 3.22)&lt;br /&gt;
 &lt;br /&gt;
:Group I and Group II maximum vertical loads (refer to distribution of loads, this Section).&lt;br /&gt;
 &lt;br /&gt;
:Group III thru VI wind and/or temperature moments with applicable vertical loads.&lt;br /&gt;
&lt;br /&gt;
:Internal stresses including the position of the shear line shall then be computed.&lt;br /&gt;
&lt;br /&gt;
:Long narrow footings are not desirable and care should be taken to avoid the use of an extremely long footing 6~0&amp;quot; wide when a shorter footing 8&#039;-3&amp;quot; or 9&#039;-0&amp;quot; wide could be used.&lt;br /&gt;
 &lt;br /&gt;
:Footings are to be designed for the greater of the minimum moment requirements at the bottom of the column, or the moments at the bottom of the footing.&lt;br /&gt;
 &lt;br /&gt;
:When using the load factor design method for footings, design the number of piles needed based on the working stress design method.&lt;br /&gt;
  &lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;PILE LOADS&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
&amp;lt;math&amp;gt;\, P = N/n \pm M/S&amp;lt;/math&amp;gt;&lt;br /&gt;
:{|&lt;br /&gt;
|&amp;lt;math&amp;gt;\, P&amp;lt;/math&amp;gt;|| - Pile Loads&lt;br /&gt;
|-&lt;br /&gt;
|&amp;lt;math&amp;gt;\, N&amp;lt;/math&amp;gt;|| - Vertical Loads&lt;br /&gt;
|-&lt;br /&gt;
|&amp;lt;math&amp;gt;\, n&amp;lt;/math&amp;gt;|| - Number of Piles&lt;br /&gt;
|-&lt;br /&gt;
|&amp;lt;math&amp;gt;\, M&amp;lt;/math&amp;gt;|| - Overturning Moment&lt;br /&gt;
|-&lt;br /&gt;
|&amp;amp;nbsp;||If minimum eccentricity controls the moment in both directions,&lt;br /&gt;
|-&lt;br /&gt;
|&amp;amp;nbsp;||It is necessary to use the moment in one direction (direction with&lt;br /&gt;
|-&lt;br /&gt;
|&amp;amp;nbsp;||less section modulus of pile group) only for the footing check.&lt;br /&gt;
|-&lt;br /&gt;
|&amp;lt;math&amp;gt;\, S&amp;lt;/math&amp;gt;|| - Section Modulus of Pile Group&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
:&#039;&#039;&#039;(A) AASHTO Group I thru VI Loads as applicable&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
:Maximum &amp;lt;math&amp;gt;\, P&amp;lt;/math&amp;gt; = Pile Capacity&lt;br /&gt;
:Minimum &amp;lt;math&amp;gt;\, P = 0&amp;lt;/math&amp;gt; (zero)&lt;br /&gt;
 &lt;br /&gt;
:Tension on a pile will not be allowed for any combination of forces.&lt;br /&gt;
 &lt;br /&gt;
:Pile design force shall be calculated with consideration of AASHTO percentage overstress factors.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
:&#039;&#039;&#039;(B) Earthquake Loads&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
See Structural Project Manager or Liaison before using the following seismic information.&lt;br /&gt;
&lt;br /&gt;
:&amp;lt;u&amp;gt;Point Bearing Pile&amp;lt;/u&amp;gt;&lt;br /&gt;
 &lt;br /&gt;
::    Maximum &amp;lt;math&amp;gt;\, P = Pile\ capacity\ \times 2&amp;lt;/math&amp;gt;  (**)&lt;br /&gt;
::    (i.e., for HP 10 X 42 piles, Max. &amp;lt;math&amp;gt;\, P = 56\ \times 2 = 112&amp;lt;/math&amp;gt; tons/pile)&lt;br /&gt;
::    Minimum &amp;lt;math&amp;gt;\, P&amp;lt;/math&amp;gt; = Allowable uplift force specified for piles in this &lt;br /&gt;
::    Section under Seal Course Design.&lt;br /&gt;
 &lt;br /&gt;
::    (**) Two &amp;quot;2&amp;quot; is our normal factor of safety. Under earthquake loadings only the point bearing pile and rock capacities are their ultimate capacities.&lt;br /&gt;
 &lt;br /&gt;
:&amp;lt;u&amp;gt;Friction Piles&amp;lt;/u&amp;gt;&lt;br /&gt;
 &lt;br /&gt;
::     Maximum &amp;lt;math&amp;gt;\, P&amp;lt;/math&amp;gt; = Pile Capacity&lt;br /&gt;
::     Minimum &amp;lt;math&amp;gt;\, P&amp;lt;/math&amp;gt; = Allowable uplift force specified for piles in this&lt;br /&gt;
::     Section under Seal Course Design.&lt;br /&gt;
::     See combined axial &amp;amp; bending stresses in Cast-In-Place friction piles in liquefaction areas.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;(1) Shear Line&#039;&#039;&#039; &lt;br /&gt;
&lt;br /&gt;
{|&lt;br /&gt;
|-&lt;br /&gt;
|width=&amp;quot;400&amp;quot;|If the shear line is within the column projected, the footing may be considered satisfactory for all conditions and standard #6 hairpin bars shall be used.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
If the shear line is outside of the column projected, the footing must be analyzed and reinforced for bending and checked for shear stress (see [[#(4) Shear|(4) Shear]], below).&lt;br /&gt;
&lt;br /&gt;
 &lt;br /&gt;
Footing depths may be increased, in lieu of reinforcement, if an increase would be more economical.  (6&#039;-0&amp;quot; Maximum depth, with 3&amp;quot; increments.)&lt;br /&gt;
||[[Image:751.40 Open Concrete Int Bents and Piers- Pile Footings- Internal Stresses.gif]]&lt;br /&gt;
|-&lt;br /&gt;
|}&lt;br /&gt;
 &lt;br /&gt;
 &lt;br /&gt;
&#039;&#039;&#039;(2) Bending&#039;&#039;&#039; &lt;br /&gt;
 &lt;br /&gt;
The critical section for bending shall be taken at the face of the columns (concentric square of equivalent area for round columns).&lt;br /&gt;
 &lt;br /&gt;
The reinforcement shall be as indicated for reinforced footings, except that the standard #6 hairpin bars may be used for small footings if they provide sufficient steel area.&lt;br /&gt;
 &lt;br /&gt;
 &lt;br /&gt;
&#039;&#039;&#039;(3) Distribution of Reinforcement&#039;&#039;&#039; &lt;br /&gt;
 &lt;br /&gt;
&amp;lt;u&amp;gt;Reinforcement in Bottom of Footing&amp;lt;/u&amp;gt;&lt;br /&gt;
&amp;lt;center&amp;gt;&lt;br /&gt;
[[Image:751.40 Open Concrete Int Bents and Piers- Pile Footings- Distribution of Reinforcement.gif]]&lt;br /&gt;
&amp;lt;/center&amp;gt;&lt;br /&gt;
&lt;br /&gt;
Reinforcement shall be distributed uniformly across the entire width of footing in the long direction. In the short direction, the portion of the total reinforcement given by AASHTO Equation 4.4.11.2.2-1 shall be distributed uniformly over a band width equal to the length of the short side of the footing, &amp;lt;math&amp;gt;\, B&amp;lt;/math&amp;gt;.&lt;br /&gt;
&lt;br /&gt;
:Band Width Reinforcement = &amp;lt;math&amp;gt;2(total\ reinforcement\ in\ short\ direction)/(\beta + 1)&amp;lt;/math&amp;gt;&lt;br /&gt;
&lt;br /&gt;
:where &amp;lt;math&amp;gt; \beta = the\ ratio\ of\ fooring\ lenth\ to\ width = L/B&amp;lt;/math&amp;gt;&lt;br /&gt;
&lt;br /&gt;
The remainder of the reinforcement required in the short direction shall be distributed uniformly outside the center band width of footing.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&amp;lt;u&amp;gt;Reinforcement in Top of Footing&amp;lt;/u&amp;gt;&lt;br /&gt;
&lt;br /&gt;
Reinforcement in the top of the footing shall be provided based on a seismic analysis for Seismic Performance Categories B, C and D. This reinforcement shall be at least the equivalent area as the bottom steel in both directions. The top steel shall be placed uniformly outside the column.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&amp;lt;div id=&amp;quot;(4) Shear&amp;quot;&amp;gt;&amp;lt;/div&amp;gt;&lt;br /&gt;
&#039;&#039;&#039;(4) Shear&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
(AASHTO Article 8.15.5 or 8.16.6)&lt;br /&gt;
&lt;br /&gt;
The shear capacity of footing in the vicinity of concentrated loads shall be governed by the more severe of the following two conditions.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
(i) Beam shear&lt;br /&gt;
&lt;br /&gt;
Critical Section at &amp;quot;d&amp;quot; distance from face of column.&lt;br /&gt;
&lt;br /&gt;
{|&lt;br /&gt;
|-&lt;br /&gt;
|width=&amp;quot;250&amp;quot;|b = Footing Width Service Load||rowspan=&amp;quot;6&amp;quot;|[[Image:751.40 Open Concrete Int Bents and Piers- Pile Footings- Internal Stresses- Part Plan of Footing- Beam Shear.gif]]&lt;br /&gt;
|-&lt;br /&gt;
|Service Load&lt;br /&gt;
|-&lt;br /&gt;
|&amp;lt;math&amp;gt;\, v = V / \left(b d \right)&amp;lt;/math&amp;gt;||&lt;br /&gt;
|-&lt;br /&gt;
|&amp;lt;math&amp;gt;\,  v_c = 0.95 \sqrt{f&#039;_c}&amp;lt;/math&amp;gt;||&lt;br /&gt;
|-&lt;br /&gt;
|Load Factor||&lt;br /&gt;
|-&lt;br /&gt;
|&amp;lt;math&amp;gt;\, V_u / \left(\omega b d \right)&amp;lt;/math&amp;gt;||&lt;br /&gt;
|-&lt;br /&gt;
|&amp;lt;math&amp;gt;\, v_c = 2.0 \sqrt{f&#039;_c}&amp;lt;/math&amp;gt;&lt;br /&gt;
!style=&amp;quot;text-align:center&amp;quot;|PART PLAN OF FOOTING&lt;br /&gt;
|-&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
(ii)Peripheral Shear&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
Critical Section at &amp;quot;d/2&amp;quot; distance from face of column.&lt;br /&gt;
&lt;br /&gt;
&amp;lt;math&amp;gt;\, b_o = 4(d + Equiv.\ square\ column\ width)&amp;lt;/math&amp;gt;&lt;br /&gt;
&lt;br /&gt;
{|&lt;br /&gt;
|-&lt;br /&gt;
|width=&amp;quot;250&amp;quot;|Service Load||rowspan=&amp;quot;5&amp;quot;|[[Image:751.40 Open Concrete Int Bents and Piers- Pile Footings- Internal Stresses- Part Plan of Footing- Peripheral Shear.gif]]&lt;br /&gt;
|-&lt;br /&gt;
|&amp;lt;math&amp;gt;\, v = V / \left(b_o d \right)&amp;lt;/math&amp;gt;||&lt;br /&gt;
|-&lt;br /&gt;
|&amp;lt;math&amp;gt;\,  v = 1.8 \sqrt{f&#039;_c}&amp;lt;/math&amp;gt;||&lt;br /&gt;
|-&lt;br /&gt;
|Load Factor||&lt;br /&gt;
|-&lt;br /&gt;
|&amp;lt;math&amp;gt;\, V_u / \left(\omega b_o d \right)&amp;lt;/math&amp;gt;||&lt;br /&gt;
|-&lt;br /&gt;
|&amp;lt;math&amp;gt;\, v_c = 4.0 \sqrt{f&#039;c}&amp;lt;/math&amp;gt;&lt;br /&gt;
!align=&amp;quot;center&amp;quot;|PART PLAN OF FOOTING&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
If shear stress is excessive, increase footing depth.&lt;br /&gt;
&lt;br /&gt;
{|&lt;br /&gt;
|valign=&amp;quot;top&amp;quot;|[[Image:751.40 circled 1.gif]]||Piles to be considered for shear.  (Center of piles are at or outside the critical section.)&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
{|style=&amp;quot;text-align:center&amp;quot;&lt;br /&gt;
|-&lt;br /&gt;
|[[Image:751.40 Open Concrete Int Bents and Piers- Pile Footings- Design and Dims- Side Elev.gif]]||[[Image:751.40 Open Concrete Int Bents and Piers- Pile Footings- Design and Dims- Front Elev.gif]]&lt;br /&gt;
|-&lt;br /&gt;
!SIDE ELEVATION||FRONT ELEVATION&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
{|&lt;br /&gt;
|valign=&amp;quot;top&amp;quot;|[[Image:751.40 circled 1.gif]]||Min. = 1/8 x (Distance from top of beam to bottom of footing.)&lt;br /&gt;
|-&lt;br /&gt;
|valign=&amp;quot;top&amp;quot;|[[Image:751.40 circled 2.gif]]||3&#039;-0&amp;quot; (Min.) &amp;amp; 6&#039;-0&amp;quot; (Max.) for steel HP piles, 14&amp;quot; CIP piles. AASHTO Article 4.5.6.4 shall be considered if piles are situated in cohesive soils.&lt;br /&gt;
|-&lt;br /&gt;
|valign=&amp;quot;top&amp;quot;|&amp;amp;nbsp;||3D (Min.) and 6D (Max.) for 20&amp;quot; and 24&amp;quot; CIP piles. (D = pile diameter)&lt;br /&gt;
|-&lt;br /&gt;
|valign=&amp;quot;top&amp;quot;|[[Image:751.40 circled 3.gif]]||Indicates column diameter, or column length or width on a hammer head pier.&lt;br /&gt;
|-&lt;br /&gt;
|valign=&amp;quot;top&amp;quot;|[[Image:751.40 circled 4.gif]]||Min. = 2&#039;-6&amp;quot; or column diameter (*) (Or width) for friction piles for SPC A.&lt;br /&gt;
|-&lt;br /&gt;
|valign=&amp;quot;top&amp;quot;|&amp;amp;nbsp;||Min. = 3&#039;-0&amp;quot; or column diameter (*) (Or width) for steel piles for SPC A.&lt;br /&gt;
|-&lt;br /&gt;
|valign=&amp;quot;top&amp;quot;|&amp;amp;nbsp;||Min. = 3&#039;-0&amp;quot; or column diameter (*) (Or width) for friction piles for SPC B,C,&amp;amp; D.&lt;br /&gt;
|-&lt;br /&gt;
|valign=&amp;quot;top&amp;quot;|&amp;amp;nbsp;||Min. = 3&#039;-6&amp;quot; or column diameter (*) (Or width) for steel piles for SPC B, C &amp;amp; D.&lt;br /&gt;
|-&lt;br /&gt;
|valign=&amp;quot;top&amp;quot;|[[Image:751.40 circled 5.gif]]||12&amp;quot; for seismic performance category A and 18&amp;quot; for SPC B, C, &amp;amp; D.&lt;br /&gt;
|-&lt;br /&gt;
|valign=&amp;quot;top&amp;quot; align=&amp;quot;left&amp;quot;|(*)||For column diameters 4&#039;-0&amp;quot; and greater use a 4&#039;-0&amp;quot; min. footing thickness.&lt;br /&gt;
|-&lt;br /&gt;
|valign=&amp;quot;top&amp;quot; align=&amp;quot;left&amp;quot;|(**)||Use 18&amp;quot; for steel HP piles, 14&amp;quot; CIP piles, prescase and prestress piles.&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
&amp;lt;center&amp;gt;&lt;br /&gt;
&lt;br /&gt;
[[Image:751.40 Open Concrete Int Bents and Piers- Pile Footings- Design and Dims- Typ Plan of 3 Pile Footing.gif]]&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;TYPICAL PLAN OF&amp;lt;br&amp;gt;3 PILE FOOTINGS&#039;&#039;&#039;&amp;lt;br&amp;gt;(minimum pile spacings)&lt;br /&gt;
&amp;lt;/center&amp;gt;&lt;br /&gt;
&lt;br /&gt;
NOTES:&lt;br /&gt;
&lt;br /&gt;
Use 3- piles on exterior foorings only.&lt;br /&gt;
&lt;br /&gt;
Use only HP 10 x 42 or friction piles on three pile footings.&lt;br /&gt;
&lt;br /&gt;
&amp;lt;center&amp;gt;&lt;br /&gt;
&lt;br /&gt;
[[Image:751.40 Open Concrete Int Bents and Piers- Pile Footings- Design and Dims- Typ Plan of Staggered Pile.gif]]&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;TYPICAL PLAN&amp;lt;br&amp;gt;STAGGERED PILE&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
(7 Pile footings shall not be used.)&lt;br /&gt;
&amp;lt;/center&amp;gt;&lt;br /&gt;
&lt;br /&gt;
{|&lt;br /&gt;
|valign=&amp;quot;top&amp;quot;|[[Image:751.40 circled 1.gif]]||If horizontal thrust requires pile batter- consult the Structural Project Manager.&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
(*) The maximum pile spacing is 4&#039;-0&amp;quot;.&lt;br /&gt;
&lt;br /&gt;
=====751.40.8.11.3.2 Reinforcement=====&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Unreinforced Footing - Use only in Seismic Performance Category A&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
{|border=&amp;quot;0&amp;quot; cellpadding=&amp;quot;1&amp;quot; cellspacing=&amp;quot;0&amp;quot; align=&amp;quot;center&amp;quot; style=&amp;quot;text-align:center&amp;quot;&lt;br /&gt;
|-&lt;br /&gt;
|[[Image:751.40 Open Concrete Int Bents and Piers- Pile Footing- Reinforcement- Elev 3 Pile Footing.gif]]&lt;br /&gt;
|[[Image:751.40 Open Concrete Int Bents and Piers- Pile Footing- Reinforcement- Elev 4 Pile Footing.gif]]&lt;br /&gt;
|-&lt;br /&gt;
!Elevation&amp;lt;br/&amp;gt;(3 Pile Footing)||Elevation&amp;lt;br/&amp;gt;(4 Pile Footing&lt;br /&gt;
|-&lt;br /&gt;
|colspan=&amp;quot;2&amp;quot;| &amp;amp;nbsp;&lt;br /&gt;
|-&lt;br /&gt;
|[[Image:751.40 Open Concrete Int Bents and Piers- Pile Footing- Reinforcement- Plan 3 Pile Footing.gif]]&lt;br /&gt;
|[[Image:751.40 Open Concrete Int Bents and Piers- Pile Footing- Reinforcement- Plan 4 Pile Footing.gif]]&lt;br /&gt;
|-&lt;br /&gt;
!Plan&amp;lt;br/&amp;gt;(3 Pile Footing)||Plan&amp;lt;br/&amp;gt;(4 Pile Footing&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
{|border=&amp;quot;0&amp;quot; cellpadding=&amp;quot;5&amp;quot; cellspacing=&amp;quot;1&amp;quot; align=&amp;quot;center&amp;quot; style=&amp;quot;text-align:center&amp;quot;&lt;br /&gt;
|-&lt;br /&gt;
|valign=&amp;quot;top&amp;quot; align=&amp;quot;right&amp;quot;|(*)||align=&amp;quot;left&amp;quot; width=&amp;quot;400pt&amp;quot; |See lap splice class C (Other than top bars).&lt;br /&gt;
|-&lt;br /&gt;
|valign=&amp;quot;top&amp;quot; align=&amp;quot;right&amp;quot;|Notes:||align=&amp;quot;left&amp;quot; width=&amp;quot;400pt&amp;quot; |Reiforcement not required by design.  Hairpins are sufficient for renforcing requirements.&lt;br /&gt;
|-&lt;br /&gt;
|valign=&amp;quot;top&amp;quot; align=&amp;quot;right&amp;quot;|&amp;amp;nbsp;||align=&amp;quot;left&amp;quot; width=&amp;quot;400pt&amp;quot; |The minimum percentage of reinforcement, &amp;quot;P&amp;quot; , is not required to be met, unless scour is anticipated.&lt;br /&gt;
|-&lt;br /&gt;
|valign=&amp;quot;top&amp;quot; align=&amp;quot;right&amp;quot;|&amp;amp;nbsp;||align=&amp;quot;left&amp;quot; width=&amp;quot;400pt&amp;quot; |Use for all types of piling, except timber.&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Reinforced Footing - Seismic Performance Category A&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
{|border=&amp;quot;0&amp;quot; cellpadding=&amp;quot;1&amp;quot; cellspacing=&amp;quot;0&amp;quot; align=&amp;quot;center&amp;quot; style=&amp;quot;text-align:center&amp;quot;&lt;br /&gt;
|-&lt;br /&gt;
|[[Image:751.40 seismic performance category a footing reinforcement front elevation.gif]]&lt;br /&gt;
|[[Image:751.40 seismic performance category a footing reinforcement side elevation.gif]]&lt;br /&gt;
|-&lt;br /&gt;
!Front Elevation||Side Elevation&lt;br /&gt;
|-&lt;br /&gt;
|colspan=&amp;quot;2&amp;quot;| &amp;amp;nbsp;&lt;br /&gt;
|-&lt;br /&gt;
| &amp;amp;nbsp;&lt;br /&gt;
|[[Image:751.40 Open Concrete Int Bents and Piers-reinforcement-seismic performance category a footing reinforcement plan.gif]]&lt;br /&gt;
|-&lt;br /&gt;
!&amp;amp;nbsp;||Plan&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
{|border=&amp;quot;0&amp;quot; cellpadding=&amp;quot;5&amp;quot; cellspacing=&amp;quot;1&amp;quot; align=&amp;quot;center&amp;quot; style=&amp;quot;text-align:center&amp;quot;&lt;br /&gt;
|-&lt;br /&gt;
|valign=&amp;quot;top&amp;quot; align=&amp;quot;right&amp;quot;|(*)||align=&amp;quot;left&amp;quot; width=&amp;quot;400pt&amp;quot; |See lap splice class C (Other than top bars).&lt;br /&gt;
|-&lt;br /&gt;
|valign=&amp;quot;top&amp;quot; align=&amp;quot;right&amp;quot;|Note:||align=&amp;quot;left&amp;quot; width=&amp;quot;400pt&amp;quot; |The maximum size of stress steel allowed is #8 bars.&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Reinforced Footing - Seismic Performance Categorys B, C &amp;amp; D&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
See Structural Project Manager or Liaison before using the following seismic details.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
{|border=&amp;quot;0&amp;quot; cellpadding=&amp;quot;1&amp;quot; cellspacing=&amp;quot;0&amp;quot; align=&amp;quot;center&amp;quot; style=&amp;quot;text-align:center&amp;quot;&lt;br /&gt;
|-&lt;br /&gt;
|[[Image:751.40 seismic performance category b c &amp;amp; d footing reinforcement front elevation.gif]]&lt;br /&gt;
|[[Image:751.40 seismic performance category b c &amp;amp; d footing reinforcement side elevation.gif]]&lt;br /&gt;
|-&lt;br /&gt;
!Front Elevation||Side Elevation&lt;br /&gt;
|-&lt;br /&gt;
|colspan=&amp;quot;2&amp;quot;| &amp;amp;nbsp;&lt;br /&gt;
|-&lt;br /&gt;
|valign=&amp;quot;bottom&amp;quot;|[[Image:751.40 Open Concrete Int Bents and Piers- Pile Footings- typical detail pile channel shear connector.gif]]&lt;br /&gt;
|rowspan=&amp;quot;2&amp;quot;|[[Image:751.40 seismic performance category b c &amp;amp; d footing reinforcement plan of top reinforcement.gif]]&lt;br /&gt;
|-&lt;br /&gt;
!Typical Detail&amp;lt;br/&amp;gt;Pile Channel&amp;lt;br/&amp;gt;Shear Connector&lt;br /&gt;
|-&lt;br /&gt;
! &amp;amp;nbsp;||Plan Showing Top Reinforcement&lt;br /&gt;
|-&lt;br /&gt;
|colspan=&amp;quot;2&amp;quot;| &amp;amp;nbsp;&lt;br /&gt;
|-&lt;br /&gt;
| &amp;amp;nbsp;&lt;br /&gt;
|[[Image:751.40 seismic performance category b c &amp;amp; d footing reinforcement plan of bottom reinforcement.gif]]&lt;br /&gt;
|-&lt;br /&gt;
! &amp;amp;nbsp;||Plan Showing Bottom reinforcement&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
{|border=&amp;quot;0&amp;quot; cellpadding=&amp;quot;5&amp;quot; cellspacing=&amp;quot;1&amp;quot; align=&amp;quot;center&amp;quot; style=&amp;quot;text-align:center&amp;quot;&lt;br /&gt;
|-&lt;br /&gt;
|valign=&amp;quot;top&amp;quot; align=&amp;quot;right&amp;quot;|(*)||align=&amp;quot;left&amp;quot; width=&amp;quot;400pt&amp;quot; |For reinforcement in top of the footing, see lap splice class C (Top bars).&lt;br /&gt;
|-&lt;br /&gt;
|valign=&amp;quot;top&amp;quot; align=&amp;quot;right&amp;quot;|(**)||align=&amp;quot;left&amp;quot; width=&amp;quot;400pt&amp;quot; |Place the top reinforcement uniformly outside the column.&lt;br /&gt;
|-&lt;br /&gt;
|valign=&amp;quot;top&amp;quot; align=&amp;quot;right&amp;quot;|(***)||align=&amp;quot;left&amp;quot; width=&amp;quot;400pt&amp;quot; |Use same area of steel in the top of the footing as is required for the bottom.&lt;br /&gt;
|-&lt;br /&gt;
|valign=&amp;quot;top&amp;quot; align=&amp;quot;right&amp;quot;|Notes:||align=&amp;quot;left&amp;quot; width=&amp;quot;400pt&amp;quot; |For reinforcement in bottom of the footing, see lap splice Class C (Other than top bars).&lt;br /&gt;
|-&lt;br /&gt;
| &amp;amp;nbsp;||align=&amp;quot;left&amp;quot; width=&amp;quot;400pt&amp;quot; |The maximum size of stress steel allowed is #8 bars.&lt;br /&gt;
|-&lt;br /&gt;
| &amp;amp;nbsp;||align=&amp;quot;left&amp;quot; width=&amp;quot;400pt&amp;quot; |Unreinforced footings shall not be used in seismic performance categories B, C &amp;amp; D.&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
====751.40.8.11.4 Spread Footings====&lt;br /&gt;
=====751.40.8.11.4.1 Design and Dimensions=====&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
{|border=&amp;quot;0&amp;quot; cellpadding=&amp;quot;1&amp;quot; cellspacing=&amp;quot;0&amp;quot; align=&amp;quot;center&amp;quot; style=&amp;quot;text-align:center&amp;quot;&lt;br /&gt;
|-&lt;br /&gt;
|width=&amp;quot;250pt&amp;quot;|[[Image:751.40 Open Concrete Int Bents and Piers- spread footings-design and dimensions-side elevation.gif]]&lt;br /&gt;
|width=&amp;quot;250pt&amp;quot;|[[Image:751.40 Open Concrete Int Bents and Piers- spread footings-design and dimensions-front elevation.gif]]&lt;br /&gt;
|-&lt;br /&gt;
!Side Elevation||Front Elevation&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
{|align=&amp;quot;center&amp;quot;&lt;br /&gt;
|-&lt;br /&gt;
|d||= column diameter&lt;br /&gt;
|-&lt;br /&gt;
|L||= footing length &lt;br /&gt;
|-&lt;br /&gt;
|b||= footing depth			&lt;br /&gt;
|-&lt;br /&gt;
|B||= footing width			&lt;br /&gt;
|-&lt;br /&gt;
|A||= edge distance from column&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
The calculated bearing pressure shall be less than the ultimate capacity of the foundation soil.  The ultimate capacity of the foundation soil can be conservatively estimated as 2.0 times the allowable bearing pressure given on the Bridge Memorandum.  The analysis method of calculating bearing pressures is outlined in the following information.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Dimensional Requirements&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
{|&lt;br /&gt;
|valign=&amp;quot;top&amp;quot;|&#039;&#039;&#039;L&#039;&#039;&#039; -||Minimum of 1/6 x distance from top of beam to bottom of footing (3&amp;quot; increments);&lt;br /&gt;
|-&lt;br /&gt;
|valign=&amp;quot;top&amp;quot;|&#039;&#039;&#039;B&#039;&#039;&#039; -||Minimum footing width is column diameter + 2A, (3&amp;quot; increments);&lt;br /&gt;
|-&lt;br /&gt;
|valign=&amp;quot;top&amp;quot;|&#039;&#039;&#039;A&#039;&#039;&#039; -||Minimum of 12&amp;quot;;&lt;br /&gt;
|-&lt;br /&gt;
|valign=&amp;quot;top&amp;quot;|&#039;&#039;&#039;b&#039;&#039;&#039; -||Minimum of 30&amp;quot; or column diameter, Maximum of 72&amp;quot; at 3&amp;quot; increments; (for column diameters 48&amp;quot; and greater use a 48&amp;quot; minimum footing depth.)&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Size&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
The size of footing shall be determined by computing the location of the resultant force and by calculating the bearing pressure.&lt;br /&gt;
&lt;br /&gt;
Long, narrow footings are to be avoided, especially on foundation material of low capacity.  In general, the length to width ratio should not exceed 2.0, except on structures where the ratio of the longitudinal to transverse loads or some other consideration makes the use of such a ratio limit impractical.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Location of Resultant Force&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
The location of the resultant force shall be determined by the following equations. &lt;br /&gt;
&lt;br /&gt;
The Middle 1/3 is defined as: &amp;lt;math&amp;gt;\, \frac{e_L}{L} + \frac{e_B}{B} \le \frac{1}{6}&amp;lt;/math&amp;gt;&lt;br /&gt;
&lt;br /&gt;
The Middle 1/2 is defined as: &amp;lt;math&amp;gt;\, \frac{e_L}{L} \le \frac{1}{4}&amp;lt;/math&amp;gt; and &amp;lt;math&amp;gt;\, \frac{e_B}{B} \le \frac{1}{4}&amp;lt;/math&amp;gt;&lt;br /&gt;
&lt;br /&gt;
The Middle 2/3 is defined as: &amp;lt;math&amp;gt;\, \frac{e_L}{L} \le \frac{1}{3}&amp;lt;/math&amp;gt; and &amp;lt;math&amp;gt;\, \frac{e_B}{B} \le \frac{1}{3}&amp;lt;/math&amp;gt;&lt;br /&gt;
&lt;br /&gt;
The following table specifies requirements for the location of the resultant force.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
{|border=&amp;quot;1&amp;quot; style=&amp;quot;text-align:center;&amp;quot; cellpadding=&amp;quot;5&amp;quot; align=&amp;quot;center&amp;quot;&lt;br /&gt;
|-&lt;br /&gt;
!width=&amp;quot;150pt&amp;quot;|Soil Type||width=&amp;quot;150pt&amp;quot;|Resultant Location Group I - VI||width=&amp;quot;150pt&amp;quot;|Resultant Location Earthquake Loads Categories B, C and D&lt;br /&gt;
|-&lt;br /&gt;
|align=&amp;quot;left&amp;quot; width=&amp;quot;150pt&amp;quot;|Clay, clay and boulders, cemented gravel, soft shale with allowable bearing values less than 6 tons, etc.&lt;br /&gt;
|middle 1/3&lt;br /&gt;
|middle 1/2&lt;br /&gt;
|-&lt;br /&gt;
|align=&amp;quot;left&amp;quot; width=&amp;quot;150pt&amp;quot;|Rock, hard shale with allowable bearing values of 6 tons or more.&lt;br /&gt;
|middle 1/2&lt;br /&gt;
|middle 2/3&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Bearing Pressure&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
The bearing pressure for Group I thru VI loads shall be calculated using service loads and the allowable overstress reduction factors as specified in AASHTO Table 3.21.1A. The calculated bearing pressure shall be less than the allowable pressure given on the Bridge Memorandum. &lt;br /&gt;
&lt;br /&gt;
The bearing pressure for Earthquake Loads in Categories B, C, and D shall be  calculated from loads specified in AASHTO Division I-A Seismic Design, Sections 6.2.2, 7.2.1, and 7.2.2.  The seismic design moment shall be the elastic seismic moment (EQ) divided by the modified response modification factor R&#039;.  The modified seismic moment shall then be combined independently with moments from other loads:&lt;br /&gt;
&lt;br /&gt;
Group Load = &amp;lt;math&amp;gt;\, 1.0(D + B + SF + E + EQ/R&#039;)&amp;lt;/math&amp;gt;&lt;br /&gt;
&lt;br /&gt;
Where:&lt;br /&gt;
{|&lt;br /&gt;
|&amp;lt;math&amp;gt;\, D&amp;lt;/math&amp;gt;||= dead load&lt;br /&gt;
|-&lt;br /&gt;
|&amp;lt;math&amp;gt;\, B&amp;lt;/math&amp;gt;||= buoyancy&lt;br /&gt;
|-&lt;br /&gt;
|&amp;lt;math&amp;gt;\, SF&amp;lt;/math&amp;gt;||= stream flow pressure&lt;br /&gt;
|-&lt;br /&gt;
|&amp;lt;math&amp;gt;\, EQ&amp;lt;/math&amp;gt;||= elastic seismic moment&lt;br /&gt;
|-&lt;br /&gt;
|&amp;lt;math&amp;gt;\, E&amp;lt;/math&amp;gt;||= earth pressure&lt;br /&gt;
|-&lt;br /&gt;
|&amp;lt;math&amp;gt;\, R&#039;&amp;lt;/math&amp;gt;||= R/2 for category B&lt;br /&gt;
|-&lt;br /&gt;
|&amp;amp;nbsp;||= 1 for categories C and D&lt;br /&gt;
|-&lt;br /&gt;
|colspan=&amp;quot;2&amp;quot;|&amp;amp;nbsp;&lt;br /&gt;
|-&lt;br /&gt;
|&amp;lt;math&amp;gt;\, R&amp;lt;/math&amp;gt;||= Response Modification Factor&lt;br /&gt;
|-&lt;br /&gt;
|&amp;amp;nbsp;||= 5 for multi-column bent&lt;br /&gt;
|-&lt;br /&gt;
|&amp;amp;nbsp;||= 3 for single-column bent&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
The calculated bearing pressure shall be less than the ultimate capacity of the foundation soil.  The ultimate capacity of the foundation soil can be conservatively estimated as 2.0 times the allowable bearing pressure given on the Bridge Memorandum.  The analysis method of calculating bearing pressures is outlined in the following information.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&amp;lt;center&amp;gt;See AASHTO 4.4.2 for explanation of notations.&amp;lt;/center&amp;gt;&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&amp;lt;center&amp;gt;[[Image:751.40 sketch of dimensions for footings subjected to eccentric loading.gif]]&amp;lt;/center&amp;gt;&lt;br /&gt;
&lt;br /&gt;
&amp;lt;center&amp;gt;&#039;&#039;&#039;Sketch of Dimensions for Footings Subjected to Eccentric Loading&#039;&#039;&#039;&amp;lt;/center&amp;gt;&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
{|border=&amp;quot;0&amp;quot; cellpadding=&amp;quot;1&amp;quot; cellspacing=&amp;quot;0&amp;quot; align=&amp;quot;center&amp;quot; style=&amp;quot;text-align:center&amp;quot;&lt;br /&gt;
|-&lt;br /&gt;
!For &amp;amp;nbsp; &amp;lt;math&amp;gt;\, e_L &amp;lt; L/6&amp;lt;/math&amp;gt;&lt;br /&gt;
!For &amp;amp;nbsp; &amp;lt;math&amp;gt;\, L/6 &amp;lt; e_L &amp;lt; L/2&amp;lt;/math&amp;gt;&lt;br /&gt;
|-&lt;br /&gt;
|colspan=&amp;quot;2&amp;quot;| &amp;amp;nbsp;&lt;br /&gt;
|-&lt;br /&gt;
|&amp;lt;math&amp;gt;\, q_{max} = \frac{Q (1 + \frac{6e_L}{L})}{BL}&amp;lt;/math&amp;gt;&lt;br /&gt;
|&amp;lt;math&amp;gt;\, q_{max} = \frac{2Q}{3B (L/2 - e_L)}&amp;lt;/math&amp;gt;&lt;br /&gt;
|-&lt;br /&gt;
|colspan=&amp;quot;2&amp;quot;| &amp;amp;nbsp;&lt;br /&gt;
|-&lt;br /&gt;
|&amp;lt;math&amp;gt;\, q_{min} = \frac{Q (1 - \frac{6e_L}{L})}{BL}&amp;lt;/math&amp;gt;&lt;br /&gt;
|&amp;lt;math&amp;gt;\, q_{min} = L_1 = 3(L/2 - e_L)&amp;lt;/math&amp;gt;&lt;br /&gt;
|-&lt;br /&gt;
|colspan=&amp;quot;2&amp;quot;| &amp;amp;nbsp;&lt;br /&gt;
|-&lt;br /&gt;
|[[Image:751.40 Open Concrete Int Bents and Piers- spread footings-design and dimensions-plan view 1.gif]]&lt;br /&gt;
|[[Image:751.40 Open Concrete Int Bents and Piers- spread footings-design and dimensions-plan view 2.gif]]&lt;br /&gt;
|-&lt;br /&gt;
!Plan View||Plan View&lt;br /&gt;
|-&lt;br /&gt;
|colspan=&amp;quot;2&amp;quot;| &amp;amp;nbsp;&lt;br /&gt;
|-&lt;br /&gt;
|[[Image:751.40 Open Concrete Int Bents and Piers- spread footings-design and dimensions-bearing pressure 1.gif]]&lt;br /&gt;
|[[Image:751.40 Open Concrete Int Bents and Piers- spread footings-design and dimensions-bearing pressure 2.gif]]&lt;br /&gt;
|-&lt;br /&gt;
!Bearing Pressure||Bearing Pressure&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
&amp;lt;center&amp;gt;&#039;&#039;&#039;Bearing Pressure for Footing Loaded Eccentrically About One Axis&#039;&#039;&#039;&amp;lt;/center&amp;gt;&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
{|border=&amp;quot;0&amp;quot; cellpadding=&amp;quot;4&amp;quot; cellspacing=&amp;quot;1&amp;quot; align=&amp;quot;center&amp;quot; style=&amp;quot;text-align:center&amp;quot;&lt;br /&gt;
|-&lt;br /&gt;
!colspan=&amp;quot;2&amp;quot;|CASE 1||CASE 2&lt;br /&gt;
|-&lt;br /&gt;
|colspan=&amp;quot;2&amp;quot;|[[Image:751.40 Open Concrete Int Bents and Piers- spread footings-design and dimensions-bearing pressure case 1 plan view.gif]]&lt;br /&gt;
|[[Image:751.40 Open Concrete Int Bents and Piers- spread footings-design and dimensions-bearing pressure case 2 plan view.gif]]&lt;br /&gt;
|-&lt;br /&gt;
|colspan=&amp;quot;2&amp;quot;|&amp;amp;nbsp;||k, x and y from AASHTO chart&lt;br /&gt;
|-&lt;br /&gt;
|colspan=&amp;quot;2&amp;quot;|&amp;lt;math&amp;gt;\, q_{max} = \frac{R}{BL} (1 + \frac{6e_L}{L} + \frac{6e_B}{B})&amp;lt;/math&amp;gt;&lt;br /&gt;
|&amp;lt;math&amp;gt;\, q_{max} = \frac{KR}{BL}&amp;lt;/math&amp;gt;&lt;br /&gt;
|-&lt;br /&gt;
!colspan=&amp;quot;2&amp;quot;|CASE 1 Plan View||CASE 2 Plan View&lt;br /&gt;
|-&lt;br /&gt;
|colspan=&amp;quot;3&amp;quot;|&amp;amp;nbsp;&lt;br /&gt;
|-&lt;br /&gt;
!colspan=&amp;quot;2&amp;quot;|CASE 3||CASE 4&lt;br /&gt;
|-&lt;br /&gt;
|colspan=&amp;quot;2&amp;quot;|[[Image:751.40 Open Concrete Int Bents and Piers- spread footings-design and dimensions-bearing pressure case 3 plan view.gif]]&lt;br /&gt;
|[[Image:751.40 Open Concrete Int Bents and Piers- spread footings-design and dimensions-bearing pressure case 4 plan view.gif]]&lt;br /&gt;
|-&lt;br /&gt;
|&amp;lt;math&amp;gt;\, r = j/n&amp;lt;/math&amp;gt;&lt;br /&gt;
|&amp;lt;math&amp;gt;\, s = 1 + r + r^2&amp;lt;/math&amp;gt;&lt;br /&gt;
|rowspan=&amp;quot;3&amp;quot;|&amp;lt;math&amp;gt;\, q_{max} = \frac{3R}{8FG}&amp;lt;/math&amp;gt;&lt;br /&gt;
|-&lt;br /&gt;
|&amp;lt;math&amp;gt;\, g = \frac{n(1 + rs)}{4s}&amp;lt;/math&amp;gt;&lt;br /&gt;
|&amp;lt;math&amp;gt;\, f = \frac{L(3s - r - 2)}{4s}&amp;lt;/math&amp;gt;&lt;br /&gt;
|-&lt;br /&gt;
|&amp;lt;math&amp;gt;\, q_{max} = \frac{6R}{Lns}&amp;lt;/math&amp;gt;&lt;br /&gt;
|&amp;amp;nbsp;&lt;br /&gt;
|-&lt;br /&gt;
!colspan=&amp;quot;2&amp;quot;|CASE 3 Plan View||CASE 4 Plan View&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
&amp;lt;center&amp;gt;&#039;&#039;&#039;Bearing Pressure for Footing Loaded Eccentrically About Two Axes&#039;&#039;&#039;&amp;lt;/center&amp;gt;&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Loading Cases&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
Loads for Groups I thru VI shall be calculated for all bridges.&lt;br /&gt;
&lt;br /&gt;
Earthquake loads shall be calculated when the bridge is in Seismic Zones B, C, and D.&lt;br /&gt;
 &lt;br /&gt;
Loads for other group loadings shall be used on a case by case basis.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Reinforcement&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
The footing is to be designed so that the shear strength of the concrete is adequate to handle the shear stress without the additional help of reinforcement. If the shear stress is too great, the footing depth should be increased.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Shear&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
The shear capacity of the footings in the vicinity of concentrated loads shall be governed by the more severe of the following two conditions.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Critical section at &amp;quot;d&amp;quot; distance from face of column:&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
{|border=&amp;quot;0&amp;quot; cellpadding=&amp;quot;4&amp;quot; cellspacing=&amp;quot;1&amp;quot; align=&amp;quot;center&amp;quot; style=&amp;quot;text-align:center&amp;quot;&lt;br /&gt;
|-&lt;br /&gt;
|[[Image:751.40 critical section at d dist from face of column.gif]]&lt;br /&gt;
|-&lt;br /&gt;
!Load Factor&lt;br /&gt;
|}&lt;br /&gt;
{|border=&amp;quot;0&amp;quot; cellpadding=&amp;quot;4&amp;quot; cellspacing=&amp;quot;1&amp;quot; align=&amp;quot;center&amp;quot; style=&amp;quot;text-align:left&amp;quot;&lt;br /&gt;
|-&lt;br /&gt;
|&amp;lt;math&amp;gt;\, V_n = V_u/(\phi bd)&amp;lt;/math&amp;gt;&lt;br /&gt;
|-&lt;br /&gt;
|&amp;lt;math&amp;gt;\, V_c = 2 \sqrt{f&#039;_c}&amp;lt;/math&amp;gt;&lt;br /&gt;
|-&lt;br /&gt;
|&amp;lt;math&amp;gt;\, b&amp;lt;/math&amp;gt; = footing width&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Critical section at &amp;quot;d/2&amp;quot; distance from face of column:&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
{|border=&amp;quot;0&amp;quot; cellpadding=&amp;quot;4&amp;quot; cellspacing=&amp;quot;1&amp;quot; align=&amp;quot;center&amp;quot; style=&amp;quot;text-align:center&amp;quot;&lt;br /&gt;
|-&lt;br /&gt;
|[[Image:751.40 critical section at d divided by 2 dist from face of column.gif]]&lt;br /&gt;
|-&lt;br /&gt;
!Load Factor&lt;br /&gt;
|}&lt;br /&gt;
{|border=&amp;quot;0&amp;quot; cellpadding=&amp;quot;4&amp;quot; cellspacing=&amp;quot;1&amp;quot; align=&amp;quot;center&amp;quot; style=&amp;quot;text-align:left&amp;quot;&lt;br /&gt;
|-&lt;br /&gt;
|&amp;lt;math&amp;gt;\, V_n = V_u/(\phi b_0d&amp;lt;/math&amp;gt;&lt;br /&gt;
|-&lt;br /&gt;
|&amp;lt;math&amp;gt;\, V_c = 4 \sqrt{f&#039;_c}&amp;lt;/math&amp;gt;&lt;br /&gt;
|-&lt;br /&gt;
|&amp;lt;math&amp;gt;\, b_0 = 4(d + Equivalent\ square\ column\ width)&amp;lt;/math&amp;gt;&lt;br /&gt;
|-&lt;br /&gt;
|colspan=&amp;quot;2&amp;quot;|If shear stress is excessive, increase footing depth.&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Bending&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
If the shear line is within the projected equivalent square column, the footing may be considered satisfactory for all conditions. (minimum reinforcement required)&lt;br /&gt;
&lt;br /&gt;
If the shear line is outside of the projected column, the footing must be analyzed and reinforced for bending and checked for shear stress.&lt;br /&gt;
&lt;br /&gt;
&amp;lt;center&amp;gt;[[Image:751.40 Open Concrete Int Bents and Piers- spread footings-design and dimensions-shear line diagrams.gif]]&amp;lt;/center&amp;gt;&lt;br /&gt;
&lt;br /&gt;
The critical section for bending shall be taken at the face of the equivalent square column. The equivalent square column is the theoretical square column which has a cross sectional area equal to the round section of the actual column and placed concentrically.    &lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Reinforcement in Bottom of Footing&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
The bearing pressure used to design bending reinforcement for Group I thru VI loads shall be calculated using Load Factor Loads.&lt;br /&gt;
&lt;br /&gt;
The bearing pressure used to design bending reinforcement for Earthquake Loads in Categories B, C, and D shall be calculated from the same loads as specified in AASHTO Division 1-A Seismic Design for ultimate bearing pressure. &lt;br /&gt;
&lt;br /&gt;
The bottom reinforcement shall be designed using ultimate strength design. &lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Distribution of Reinforcement&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
{|border=&amp;quot;0&amp;quot; cellpadding=&amp;quot;4&amp;quot; cellspacing=&amp;quot;1&amp;quot; align=&amp;quot;center&amp;quot; style=&amp;quot;text-align:center&amp;quot;&lt;br /&gt;
|-&lt;br /&gt;
|[[Image:751.40 Open Concrete Int Bents and Piers- spread footings-design and dimensions-distribution of reinforcement.gif]]&lt;br /&gt;
|-&lt;br /&gt;
|L = Footing Length&lt;br /&gt;
|-&lt;br /&gt;
|B = Footing Width&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
Reinforcement shall be distributed uniformly across the entire width of footing in the long direction.  In the short direction, the portion of the total reinforcement given by AASHTO Equation 4.4.11.2.2-1 shall be distributed uniformly over a band width equal to the length of the short side of the footing, B.&lt;br /&gt;
&lt;br /&gt;
:&amp;lt;math&amp;gt;\, Band\ Width\ Reinforcement = 2(total\ reinforcement\ in\ short\ direction)/(\beta + 1)&amp;lt;/math&amp;gt;&lt;br /&gt;
:&amp;lt;math&amp;gt;\, \beta = the\ ratio\ of\ footing\ length\ to\ width = L/B&amp;lt;/math&amp;gt;&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Reinforcement in Top of Footing&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
Reinforcement in the top of the footing shall be provided for Seismic Performance Categories B, C, and D.  This reinforcement shall be the equivalent area as the bottom steel in both directions.  The top steel shall be placed uniformly outside the column.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
{|border=&amp;quot;0&amp;quot; cellpadding=&amp;quot;1&amp;quot; cellspacing=&amp;quot;0&amp;quot; align=&amp;quot;center&amp;quot; style=&amp;quot;text-align:center&amp;quot;&lt;br /&gt;
|+&#039;&#039;&#039;Reinforcement Details - Seismic Performance Category A&#039;&#039;&#039;&lt;br /&gt;
|[[Image:751.40 Open Concrete Int Bents and Piers- spread footings-SPC A reinforcement details-front elevation.gif]]&lt;br /&gt;
|[[Image:751.40 Open Concrete Int Bents and Piers- spread footings-SPC A reinforcement details-side elevation.gif]]&lt;br /&gt;
|-&lt;br /&gt;
!Front Elevation||Side Elevation&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
{|border=&amp;quot;0&amp;quot; cellpadding=&amp;quot;1&amp;quot; cellspacing=&amp;quot;0&amp;quot; align=&amp;quot;center&amp;quot; style=&amp;quot;text-align:center&amp;quot;&lt;br /&gt;
|+&#039;&#039;&#039;Reinforcement Details - Seismic Performance Categorys B, C &amp;amp; D&#039;&#039;&#039;&lt;br /&gt;
|[[Image:751.40 Open Concrete Int Bents and Piers- spread footings-SPC b c &amp;amp; d reinforcement details-front elevation.gif]]&lt;br /&gt;
|[[Image:751.40 Open Concrete Int Bents and Piers- spread footings-SPC b c &amp;amp; d reinforcement details-side elevation.gif]]&lt;br /&gt;
|-&lt;br /&gt;
!Front Elevation||Side Elevation&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
{|border=&amp;quot;0&amp;quot; cellpadding=&amp;quot;5&amp;quot; cellspacing=&amp;quot;1&amp;quot; align=&amp;quot;center&amp;quot; style=&amp;quot;text-align:center&amp;quot;&lt;br /&gt;
|-&lt;br /&gt;
|valign=&amp;quot;top&amp;quot; align=&amp;quot;right&amp;quot;|(*)||align=&amp;quot;left&amp;quot; width=&amp;quot;400pt&amp;quot; |Use same area of steel in the top of the footing as is required for the bottom.&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
====751.40.8.11.5 T- Joint Connections====&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Principal Tension and Compression Stresses in Beam-Column Joints&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
The connections where columns and beams join, or where columns and footings join, should be based on the capacity design for shear and diagonal tension. For most locations, this is a “T”-shaped joint. For the analysis of “knee joints”, see Priestley and Seible, 1996.&lt;br /&gt;
&lt;br /&gt;
[[image:751.9.3.1.7.1.jpg|center|750px|thumb|&amp;lt;center&amp;gt;&#039;&#039;&#039;Fig. 751.40.8.11.5.1 Joint Shear Stresses in a T-Joint&#039;&#039;&#039;&amp;lt;/center&amp;gt;]]&lt;br /&gt;
&lt;br /&gt;
In the capacity design of connection joints, the column moment, M&amp;lt;sup&amp;gt;0&amp;lt;/sup&amp;gt;, will be the moment that is known and which will correspond to flexural overstrength of the column plastic hinges, i.e. M&amp;lt;sup&amp;gt;0&amp;lt;/sup&amp;gt; = 1.3M&amp;lt;sub&amp;gt;p&amp;lt;/sub&amp;gt; of the column. If the columns are designed based on plastic hinging, the beam and footings shall be designed with capacities greater than or equal to 1.3M&amp;lt;sub&amp;gt;p&amp;lt;/sub&amp;gt;.&lt;br /&gt;
&lt;br /&gt;
At each joint, the principal tension and compression stresses are defined and checked as follows:&lt;br /&gt;
&lt;br /&gt;
:&amp;lt;math&amp;gt;V_{jh} = \frac {M^o}{h_b} &amp;lt;/math&amp;gt; (1)&lt;br /&gt;
&lt;br /&gt;
:&amp;lt;math&amp;gt;V_{jh} = \frac {V_jh}{b_{je}h_c} &amp;lt;/math&amp;gt; (2)&lt;br /&gt;
&lt;br /&gt;
:&amp;lt;math&amp;gt;b_{je} = \begin{cases} &lt;br /&gt;
\sqrt {2}D\\&lt;br /&gt;
h_c + b_c&lt;br /&gt;
\end{cases} &amp;lt;/math&amp;gt; (3)&lt;br /&gt;
&lt;br /&gt;
:&amp;lt;math&amp;gt;V_{jv} = \frac {V_{jh}h_b}{h_c} &amp;lt;/math&amp;gt; (4)&lt;br /&gt;
&lt;br /&gt;
:&amp;lt;math&amp;gt;V_{jv} = v_{jh} = \frac {v_{jv}}{b_{je}h_b} &amp;lt;/math&amp;gt; (5)&lt;br /&gt;
&lt;br /&gt;
:&amp;lt;math&amp;gt;f_v = \frac {P_c}{b_{je}(h_c + h_b)} &amp;lt;/math&amp;gt; (6)&lt;br /&gt;
&lt;br /&gt;
:&amp;lt;math&amp;gt;p_c = \frac {f_c + f_h}{2} + \sqrt{\Big( \frac {f_v - f_h}{2}\Big)^2 + v_{jh}^2} &amp;lt;/math&amp;gt; (7)&lt;br /&gt;
&lt;br /&gt;
:&amp;lt;math&amp;gt;p_t = \frac {f_c + f_h}{2} - \sqrt{\Big( \frac {f_v - f_h}{2}\Big)^2 + v_{jh}^2} &amp;lt;/math&amp;gt; (8)&lt;br /&gt;
&lt;br /&gt;
:in which:&lt;br /&gt;
:V&amp;lt;sub&amp;gt;jh&amp;lt;/sub&amp;gt; = Average horizontal shear force within a joint.&lt;br /&gt;
:V&amp;lt;sub&amp;gt;jv&amp;lt;/sub&amp;gt; = Average vertical shear force within a joint.&lt;br /&gt;
:v&amp;lt;sub&amp;gt;jh&amp;lt;/sub&amp;gt; = Average horizontal shear stress within a joint.&lt;br /&gt;
:v&amp;lt;sub&amp;gt;jv&amp;lt;/sub&amp;gt; = Average vertical shear stress within a joint.&lt;br /&gt;
:h&amp;lt;sub&amp;gt;b&amp;lt;/sub&amp;gt; = Beam depth.&lt;br /&gt;
:h&amp;lt;sub&amp;gt;c&amp;lt;/sub&amp;gt; = Column diameter or rectangular column cross-section height.&lt;br /&gt;
:b&amp;lt;sub&amp;gt;je&amp;lt;/sub&amp;gt; = The effective width of a joint, defined in Fig. 751.40.8.11.5.2.&lt;br /&gt;
:D = Round column diameter.&lt;br /&gt;
:f&amp;lt;sub&amp;gt;v&amp;lt;/sub&amp;gt; = Average vertical axial stress due to column axial force P&amp;lt;sub&amp;gt;c&amp;lt;/sub&amp;gt;, including the seismic component.&lt;br /&gt;
:P&amp;lt;sub&amp;gt;c&amp;lt;/sub&amp;gt; = Column axial force.&lt;br /&gt;
:f&amp;lt;sub&amp;gt;h&amp;lt;/sub&amp;gt; = Average horizontal axial stress at the center of the joint.&lt;br /&gt;
:p&amp;lt;sub&amp;gt;c&amp;lt;/sub&amp;gt; = Nominal principal compression stress in a joint. (positive)&lt;br /&gt;
:p&amp;lt;sub&amp;gt;t&amp;lt;/sub&amp;gt; = Nominal principal tensile stress in a joint. (negative)&lt;br /&gt;
:b&amp;lt;sub&amp;gt;b&amp;lt;/sub&amp;gt; = Beam width&lt;br /&gt;
:b&amp;lt;sub&amp;gt;c&amp;lt;/sub&amp;gt; = Column cross-section width&lt;br /&gt;
&lt;br /&gt;
[[image:751.9.3.1.7.2.jpg|center|750px|thumb|&amp;lt;center&amp;gt;&#039;&#039;&#039;Fig. 751.40.8.11.5.2 Effective Joint Width for Joint Shear Stress Calculations&#039;&#039;&#039;&amp;lt;/center&amp;gt;]]&lt;br /&gt;
&lt;br /&gt;
In Fig. 751.40.8.11.5.2(c), the effective width is taken at the center of the column section, allowing a 45° spread from boundaries of the column section into the beam cap. In the transverse direction, the effective width will be the smaller of the value given by eq. (3) and the beam cap width b&amp;lt;sub&amp;gt;b&amp;lt;/sub&amp;gt;. Experimental evidence indicates that diagonal cracking is initiated in the joint region when &amp;lt;math&amp;gt; p_t \ge 3.5\sqrt{f&#039;_c}&amp;lt;/math&amp;gt; psi.  The principle compression stress p&amp;lt;sub&amp;gt;c&amp;lt;/sub&amp;gt; shall be limited to &amp;lt;math&amp;gt; p_c \le 0.3f&#039;_c&amp;lt;/math&amp;gt;.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Design of Reinforcement for Beam-Column Joints&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
When the principal tension stress, p&amp;lt;sub&amp;gt;t&amp;lt;/sub&amp;gt;, exceeds &amp;lt;math&amp;gt; 3.5\sqrt{f&#039;_c}&amp;lt;/math&amp;gt; psi, joint cracking occurs and the following reinforcement shall be provided:&lt;br /&gt;
&lt;br /&gt;
a) Vertical beam stirrup reinforcement shall be placed throughout the distance of h&amp;lt;sub&amp;gt;b&amp;lt;/sub&amp;gt;/2 from the column face on each side of the column. The required amount of vertical beam stirrup reinforcement, A&amp;lt;sub&amp;gt;jv&amp;lt;/sub&amp;gt;, is:&lt;br /&gt;
&lt;br /&gt;
:&amp;lt;math&amp;gt;A_{jv} = 0.125A_{sc}\frac{f^\circ_{yc}}{f_{yv}}&amp;lt;/math&amp;gt; (9)&lt;br /&gt;
&lt;br /&gt;
:Where:&lt;br /&gt;
&lt;br /&gt;
:A&amp;lt;Sub&amp;gt;sc&amp;lt;/sub&amp;gt; = The total area of longitudinal steel&lt;br /&gt;
&lt;br /&gt;
:f°&amp;lt;sub&amp;gt;yc&amp;lt;/sub&amp;gt; = overstrength stress in the column reinforcement use&lt;br /&gt;
:::f°&amp;lt;sub&amp;gt;yc&amp;lt;/sub&amp;gt; = 1.1f&lt;br /&gt;
:f&amp;lt;sub&amp;gt;yv&amp;lt;/sub&amp;gt; = yield stress of vertical stirrup reinforcement.&lt;br /&gt;
&lt;br /&gt;
b) Vertical beam stirrup reinforcement within the joint, A&amp;lt;sub&amp;gt;vi&amp;lt;/sub&amp;gt;, is&lt;br /&gt;
:&amp;lt;math&amp;gt;A_{vi} = 0.0625A_{sc}\frac{f^\circ_{yc}}{f_{yv}}&amp;lt;/math&amp;gt; (10)&lt;br /&gt;
&lt;br /&gt;
c) The additional beam bottom longitudinal reinforcement required is&lt;br /&gt;
:&amp;lt;math&amp;gt;A_{sb} = 0.0625A_{sc}\frac{f^\circ_{yc}}{f_{yb}}&amp;lt;/math&amp;gt; (11)&lt;br /&gt;
&lt;br /&gt;
:where f&amp;lt;sub&amp;gt;yb&amp;lt;/sub&amp;gt; = the yield stress of the beam bottom longitudinal reinforcement. This additional reinforcement must be carried a sufficient distance to develop its yield strength a distance h&amp;lt;sub&amp;gt;b&amp;lt;/sub&amp;gt;/2 from the column face.&lt;br /&gt;
&lt;br /&gt;
d) The horizontal hoop reinforcement within a joint requires&lt;br /&gt;
:&amp;lt;math&amp;gt; \rho_s = \frac{3.3}{Df_{gh}L_a}\Bigg(\frac{0.09A_{sc}f^\circ_{yc}D}{L_a}-F\Bigg)&amp;lt;/math&amp;gt; (12)&lt;br /&gt;
&lt;br /&gt;
which for F = 0 simplifies to&lt;br /&gt;
:&amp;lt;math&amp;gt; \rho_s = \frac{0.3A_{sc}f^\circ_{yc}}{L^2_af_{yh}}&amp;lt;/math&amp;gt; (13)&lt;br /&gt;
:Where&lt;br /&gt;
:F = The beam cap prestress force.&lt;br /&gt;
:f&amp;lt;sub&amp;gt;yh&amp;lt;/sub&amp;gt; = The yield stress of the horizontal hoops.&lt;br /&gt;
:L&amp;lt;sub&amp;gt;a&amp;lt;/sub&amp;gt; = The Anchorage length in the joint.&lt;br /&gt;
&lt;br /&gt;
The minimum amount of horizontal hoop reinforcement shall be&lt;br /&gt;
:&amp;lt;math&amp;gt; \rho_s = \frac{3.5\sqrt{f&#039;_c}}{f_{yh}}&amp;lt;/math&amp;gt; (14)&lt;br /&gt;
&lt;br /&gt;
The spacing of the horizontal hoop can be based on:&lt;br /&gt;
&lt;br /&gt;
&amp;lt;math&amp;gt;S=\frac{4A_s}{D&#039;\rho_s}&amp;lt;/math&amp;gt; (15)&lt;br /&gt;
:Where&lt;br /&gt;
:A&amp;lt;sub&amp;gt;s&amp;lt;/sub&amp;gt; = The cross-sectional area of the hoop bar.&lt;br /&gt;
:D’ = The hoop diameter.&lt;br /&gt;
[[image:751.9.3.1.7.3.jpg|center|725px|thumb|&amp;lt;center&amp;gt;&#039;&#039;&#039;Fig. 751.40.8.11.5.3 Beam Cap Joint Reinforcement&#039;&#039;&#039;&amp;lt;/center&amp;gt;]]&lt;br /&gt;
&lt;br /&gt;
When the principal tension stress, p&amp;lt;sub&amp;gt;t&amp;lt;/sub&amp;gt;, does not exceed &amp;lt;math&amp;gt;3.5\sqrt{f&#039;_c}&amp;lt;/math&amp;gt; psi, no joint cracking is expected. However, the following minimum reinforcement shall be provided:&lt;br /&gt;
&lt;br /&gt;
:a) Vertical beam stirrup reinforcement within the joint based on eq. (10)&lt;br /&gt;
:b) Minimum horizontal hoop reinforcement based on eq. (14)&lt;br /&gt;
&lt;br /&gt;
Note that the bending of any hooked reinforcement outward, away from the column core, shall not be used because it directs the anchorage force away from the joint. Inward bending of the column reinforcement is allowed. However, it is likely to cause a congestion problem. The use of straight column reinforcement embedded into the beam-column joint is recommended. The standard T-joint reinforcement details are shown in Figs. 751.40.8.11.5.4 - 751.40.8.11.5.6. If any reinforcement requirement based on eqs. (9) through (14) is greater than that shown in Figs. 751.40.8.11.5.4 - 751.40.8.11.5.6, the greater requirement shall be used.&lt;br /&gt;
&amp;lt;div id=&amp;quot;Fig. 751.40.8.11.5.4&amp;quot;&amp;gt;&amp;lt;/div&amp;gt;&lt;br /&gt;
&lt;br /&gt;
[[image:751.9.3.1.7.4 2019.jpg|center|600px|thumb|&amp;lt;center&amp;gt;&#039;&#039;&#039;Fig. 751.40.8.11.5.4 Int. Bent &amp;quot;T-Joint&amp;quot; Details&#039;&#039;&#039;&amp;lt;/center&amp;gt;]]&lt;br /&gt;
::(1)	Increase by 25% the development length (other than top bars) or the standard hook in tension “Ldh” of EPG 751.40.8.4.2. &lt;br /&gt;
::(2)	 The spiral bars or wire shall be continued for a distance equal to ½ the column diameter but not less than 15” from the face of the column connection into the footing.&lt;br /&gt;
::(3)	 Use the greatest length of the following: column diameter of 1/6 of the clear height of column. Lapping of spiral reinforcement in this region is not permitted.&lt;br /&gt;
::(4)	Splices may be eliminated when the column height is 20’-0” or less or restrictions do not practically allow for lap splices.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
[[image:751.9.3.1.7.5 2019.jpg|center|750px|thumb|&amp;lt;center&amp;gt;&#039;&#039;&#039;Fig. 751.40.8.11.5.5 Seismic Bar Details&#039;&#039;&#039;&amp;lt;/center&amp;gt;]]&lt;br /&gt;
&lt;br /&gt;
[[image:751.9.3.1.7.6 2019.jpg|center|600px|thumb|&amp;lt;center&amp;gt;&#039;&#039;&#039;Fig. 751.40.8.11.5.6 Beam - Footing &amp;quot;T-Joint&amp;quot; Details&#039;&#039;&#039;&amp;lt;/center&amp;gt;]]&lt;br /&gt;
::See additional guidance in EPG 751.9.3.1.7, below, for footing reinforcement not shown.&lt;br /&gt;
::(1)	Increase by 25% the development length (other than top bars) or the standard hook minimum in tension “Ldh” of EPG 751.40.8.4.2. &lt;br /&gt;
::(2)	 The spirals shall be continued for a distance equal to ½ the column diameter but not less than 15” from the face of the column connection into the footing.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Example 751.40.8.11.5.1:&#039;&#039;&#039; A column is subjected to an axial load (due to dead and seismic earthquake loads) of 520 kips. The column diameter is 36 in. with 20 #8 bars for longitudinal reinforcement. The beam cap dimensions are 3 ft. 9 in. wide by 3 ft. 7 in. deep with 5 #11 bars for the top reinforcement and 7 #10 bars for the bottom reinforcement as shown in Fig. 751.40.8.11.5.7. The column overstrength moment-axial load curve is shown in Fig. 751.40.8.11.5.8. Design the reinforcement details for the beam-column joint.&lt;br /&gt;
&lt;br /&gt;
[[image:751.9.3.1.7.7.jpg|center|650px|thumb|&amp;lt;center&amp;gt;&#039;&#039;&#039;Fig. 751.40.8.11.5.7 Properties for Example Design&#039;&#039;&#039;&amp;lt;/center&amp;gt;]]&lt;br /&gt;
&lt;br /&gt;
[[image:751.9.3.1.7.8.jpg|center|650px|thumb|&amp;lt;center&amp;gt;&#039;&#039;&#039;Fig. 751.40.8.11.5.8 Column Overstrength Interaction Diagram&#039;&#039;&#039;&amp;lt;/center&amp;gt;]]&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Solution:&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
The axial load for the column = 520 kips.&lt;br /&gt;
&lt;br /&gt;
From Fig. 751.40.8.11.5.8, M&amp;lt;sup&amp;gt;0&amp;lt;/sup&amp;gt; = 1562.6 k-ft.&lt;br /&gt;
&lt;br /&gt;
From eq. (1): &amp;lt;math&amp;gt;V_{jh} = \frac{M^0}{h_b} = \frac{1562.6 \times 12}{43} &amp;lt;/math&amp;gt; = 436.07 kips&lt;br /&gt;
&lt;br /&gt;
From eq. (3): &amp;lt;math&amp;gt;b_{je} = \sqrt{2}D = 50.9\ in. &amp;gt; b_b = 45\ in.;\ Use\ b_{je} = b_b &amp;lt;/math&amp;gt;= 45 in.&lt;br /&gt;
&lt;br /&gt;
From eq. (2): &amp;lt;math&amp;gt;v_{jh} = \frac{V_{jh}}{b_{je}h_c} = \frac{436.07}{45(36)} &amp;lt;/math&amp;gt; = 269.18 psi.&lt;br /&gt;
&lt;br /&gt;
&amp;lt;u&amp;gt;Vertical Axial Stress:&amp;lt;/u&amp;gt;&lt;br /&gt;
&lt;br /&gt;
From eq. (6):&lt;br /&gt;
&lt;br /&gt;
:&amp;lt;math&amp;gt;f_v = \frac{P_c}{b_{je}(h_c + h_b)} = \frac{520}{45(36 + 43)}&amp;lt;/math&amp;gt; = 146.27 psi.&lt;br /&gt;
&lt;br /&gt;
&amp;lt;u&amp;gt;Horizontal Stress:&amp;lt;/u&amp;gt;&lt;br /&gt;
&lt;br /&gt;
:f&amp;lt;sub&amp;gt;h&amp;lt;/sub&amp;gt; = 0 psi.&lt;br /&gt;
&lt;br /&gt;
From eq. (7):&lt;br /&gt;
&lt;br /&gt;
&amp;lt;math&amp;gt;p_c =\frac{f_v + f_h}{2}+\sqrt{\Big(\frac {f_v - f_h}{2}\Big)^2 + v_{jh}^2} = \frac{146.27 +0}{2} + \sqrt{\Big(\frac{146.27 -0}{2}\Big)^2 + 269.18^2} &amp;lt;/math&amp;gt;&lt;br /&gt;
&lt;br /&gt;
p&amp;lt;sub&amp;gt;c&amp;lt;/sub&amp;gt; = 352.07 psi ≤ 0.3(3000 psi) = 900 psi &#039;&#039;&#039;O.K.&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
From eq. (8):&lt;br /&gt;
&lt;br /&gt;
&amp;lt;math&amp;gt;p_t =\frac{f_v + f_h}{2}-\sqrt{\Big(\frac {f_v - f_h}{2}\Big)^2 + v_{jh}^2} = \frac{146.27 +0}{2} - \sqrt{\Big(\frac{146.27 -0}{2}\Big)^2 + 269.18^2} &amp;lt;/math&amp;gt;&lt;br /&gt;
&lt;br /&gt;
p&amp;lt;sub&amp;gt;t&amp;lt;/sub&amp;gt; = -205.80 psi ≥ 3.5 3000 = 191.7 psi &#039;&#039;&#039;Not O.K.&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
Since p&amp;lt;sub&amp;gt;t&amp;lt;/sub&amp;gt; is greater than &amp;lt;math&amp;gt;3.5\sqrt{f&#039;_c}&amp;lt;/math&amp;gt;, special joint reinforcement based on eqs. (9) through (14) are needed.&lt;br /&gt;
&lt;br /&gt;
Check if moment capacity of the beam is greater than the overstrength moment capacity of the column.&lt;br /&gt;
&lt;br /&gt;
Neglect the effect of the compression steel (conservative).&lt;br /&gt;
&lt;br /&gt;
[[image:751.9.3.1.7.8 compression.jpg|center|450px]]&lt;br /&gt;
&lt;br /&gt;
Compare moment capacity of beam versus overstrength moment capacity of the column:&lt;br /&gt;
&lt;br /&gt;
:1669.39 k-ft. &amp;gt; 1562.60 k-ft.&lt;br /&gt;
&lt;br /&gt;
Moment capacity of beam is greater than the overstrength moment capacity of the column. &#039;&#039;&#039;O.K.&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Design of reinforcement for the beam-column joint&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
:- Vertical reinforcement should be placed throughout a distance of h&amp;lt;sub&amp;gt;b&amp;lt;/sub&amp;gt;/2 from the column face on each side of the column.&lt;br /&gt;
&lt;br /&gt;
::From eq.(9): &amp;lt;math&amp;gt;A_{jv} = 0.125 A_{sc}\frac{f^0_{yc}}{f_{yv}}&amp;lt;/math&amp;gt;&lt;br /&gt;
:::A&amp;lt;sub&amp;gt;sc&amp;lt;/sub&amp;gt; = 15.70 in&amp;lt;sup&amp;gt;2&amp;lt;/sup&amp;gt;&lt;br /&gt;
&lt;br /&gt;
:::&amp;lt;math&amp;gt;f^0_{yc}&amp;lt;/math&amp;gt; = 1.1f = 66 ksi.&lt;br /&gt;
:::f&amp;lt;sub&amp;gt;yv&amp;lt;/sub&amp;gt; = 60 ksi.&lt;br /&gt;
:::A&amp;lt;sub&amp;gt;jv&amp;lt;/sub&amp;gt; = 0.125 (15.70) 66 / 60 = 2.16 in&amp;lt;sup&amp;gt;2&amp;lt;/sup&amp;gt;&lt;br /&gt;
&lt;br /&gt;
:- Reinforcement within the joint confines:&lt;br /&gt;
&lt;br /&gt;
::From eq. (10): &amp;lt;math&amp;gt;A_{vi} = 0.0625 A_{sc}\frac{f^0_{yc}}{f_{yv}}&amp;lt;/math&amp;gt;&lt;br /&gt;
:::::= 0.0625 (15.70) 66 / 60 = 1.08 in&amp;lt;sup&amp;gt;2&amp;lt;/sup&amp;gt;&lt;br /&gt;
&lt;br /&gt;
:- Additional bottom of beam longitudinal reinforcement:&lt;br /&gt;
&lt;br /&gt;
::From eq. (11): &amp;lt;math&amp;gt;A_{sb} = 0.0625 A_{sc}\frac{f^0_{yc}}{f_{yb}}&amp;lt;/math&amp;gt;&lt;br /&gt;
:::::= 0.0625 (15.70) 66 / 60 = 1.08 in&amp;lt;sup&amp;gt;2&amp;lt;/sup&amp;gt;&lt;br /&gt;
&lt;br /&gt;
::This reinforcement must be developed at a distance h&amp;lt;sub&amp;gt;b&amp;lt;/sub&amp;gt;/2 away from the face of the column.&lt;br /&gt;
&lt;br /&gt;
:- Hoop Reinforcement:&lt;br /&gt;
&lt;br /&gt;
::From eq. (13): &amp;lt;math&amp;gt; \rho_s = \frac{0.3A_{sc}f^\circ_{yc}}{L^2_af_{yh}}&amp;lt;/math&amp;gt; &lt;br /&gt;
&lt;br /&gt;
::::L&amp;lt;sub&amp;gt;a&amp;lt;/sub&amp;gt; = 40 in.&lt;br /&gt;
::::f&amp;lt;sub&amp;gt;yh&amp;lt;/sub&amp;gt; = 60 ksi&lt;br /&gt;
::&amp;lt;math&amp;gt; \rho_s = \frac{0.3 (15.70)(66)}{40^2(60)}&amp;lt;/math&amp;gt; &lt;br /&gt;
::&amp;lt;math&amp;gt; \rho_{s, min} = \frac{3.5 \sqrt{3000}}{60000} = 0.003195  \rho_s &amp;gt; \rho_{s, min}&amp;lt;/math&amp;gt; ∴use ρs&lt;br /&gt;
&lt;br /&gt;
:use #4 hoop reinforcement&lt;br /&gt;
&lt;br /&gt;
:A&amp;lt;sub&amp;gt;s&amp;lt;/sub&amp;gt; = 0.1963 in&amp;lt;sup&amp;gt;2&amp;lt;/sup&amp;gt;&lt;br /&gt;
&lt;br /&gt;
:D’ = 36 – 2(2) – 4/8 = 31.5 in.&lt;br /&gt;
&lt;br /&gt;
:ρ&amp;lt;sub&amp;gt;s&amp;lt;/sub&amp;gt; = 0.003238&lt;br /&gt;
&lt;br /&gt;
:From eq. (15): &amp;lt;math&amp;gt;S=\frac{4A_s}{D&#039;\rho_s} = \frac{4(0.1963)}{31.5(0.003238)}&amp;lt;/math&amp;gt; = 7.70” spacing &amp;gt; 3” max. from Fig. 751.40.8.11.5.4.   Therefore, &#039;&#039;&#039;Use S = 3”&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
[[image:751.9.3.1.7.9.jpg|center|650px|thumb|&amp;lt;center&amp;gt;&#039;&#039;&#039;Fig. 751.40.8.11.5.9 Summary of “T-Joint” Reinforcement&#039;&#039;&#039;&amp;lt;/center&amp;gt;]]&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Principal Tension and Compression Stresses in Column-Footing Joints&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
Column – Footing joints are essentially the same as inverted beam-column T joints. Eqs. (1) through (8) are applicable to column-footing joints except the beam height, h&amp;lt;sub&amp;gt;b&amp;lt;/sub&amp;gt;, shall be changed to the footing height, h&amp;lt;sub&amp;gt;f&amp;lt;/sub&amp;gt;.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Design of Reinforcement for Column-Footing Joint&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
The design of the reinforcement for column-footing joints is similar to that for beam-column T joint. From a joint performance viewpoint, it is desirable to bend the column bars inward toward the joint by using 90° hook bars, but this will cause undue congestion. Bending column bars away from the joint will increase the diagonal tension stress within the joint region. However, it makes a stable platform for supporting the column cage and prevents congestion. When the column reinforcement is bent outward, eqs. (9) through (14) shall be applied. Since the column inelastic action may develop in directions other than parallel to one of the principal axes of the footing, the amount of vertical reinforcement in eq. (9) shall be placed in each of the four quadrant areas outside the joint. In other words, a total vertical stirrup area of:&lt;br /&gt;
&lt;br /&gt;
::&amp;lt;math&amp;gt;A_{jv} = 0.5 A_{sc}\frac{f^0_{yc}}{f_{yv}}&amp;lt;/math&amp;gt; (16)&lt;br /&gt;
&lt;br /&gt;
shall be placed around the column.&lt;br /&gt;
&lt;br /&gt;
Extra top reinforcement in the footing is also required in accordance with eq. (11). This reinforcement should pass through the column reinforcement or be placed as close as possible to the sides of the column and extend a distance of not less than l = 0.5*D + L&amp;lt;sub&amp;gt;d&amp;lt;/sub&amp;gt;, where L&amp;lt;sub&amp;gt;d&amp;lt;/sub&amp;gt; is the bar development length, beyond the face on both sides of the column.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Example 751.40.8.11.5.2:&#039;&#039;&#039; A column is subjected to an axial load (due to dead and seismic loads) of 520 kips. The column diameter is 36 in. with 20 #8 bars for longitudinal reinforcement. All column reinforcement is bent outward into the footing away from the joint. The footing depth is 39 inches. The top and bottom reinforcement for the footing is shown in Fig. 751.40.8.11.5.10, below. Design the reinforcement details for the column-footing joint.&lt;br /&gt;
&lt;br /&gt;
[[image:751.9.3.1.7.10.jpg|center|750px|thumb|&amp;lt;center&amp;gt;&#039;&#039;&#039;Fig. 751.40.8.11.5.10 Details of Footing Reinforcement for Example 751.40.8.11.5.2&#039;&#039;&#039;&amp;lt;/center&amp;gt;]]&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Solution:&#039;&#039;&#039;&lt;br /&gt;
[[image:751.9.3.1.7.10 solution.jpg|left|300px]]&lt;br /&gt;
The axial load for the column = 520 kips.&lt;br /&gt;
&lt;br /&gt;
From Fig. 751.40.8.11.5.8 in Example 751.40.8.11.5.1, M&amp;lt;sup&amp;gt;0&amp;lt;/sup&amp;gt; = 1562.6 k-ft.&lt;br /&gt;
&lt;br /&gt;
From eq.(1): &amp;lt;math&amp;gt;V_{jh} = \frac{M^0}{h_f} = \frac{1562.6(12)}{39} &amp;lt;/math&amp;gt; =  480.8 kips&lt;br /&gt;
&lt;br /&gt;
From eq. (3): &amp;lt;math&amp;gt;b_{je} = \sqrt{2}D = \sqrt{2} \times 36&#039;&#039; = 50.9&#039;&#039; &amp;lt;/math&amp;gt;&lt;br /&gt;
&lt;br /&gt;
From eq. (2): &amp;lt;math&amp;gt;v_{jh} = \frac{V_{jh}}{b_{je}h_c} = \frac{480.8}{50.9(36)} &amp;lt;/math&amp;gt; =262.39 psi.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&amp;lt;u&amp;gt;Vertical Axial Stress:&amp;lt;/u&amp;gt;&lt;br /&gt;
&lt;br /&gt;
From eq. (6):&lt;br /&gt;
:&amp;lt;math&amp;gt;f_v = \frac {P_c}{b_{je}(h_c + h_b)} = \frac{520}{50.9(36 + 39)} &amp;lt;/math&amp;gt; = 136.21psi.&lt;br /&gt;
&lt;br /&gt;
&amp;lt;u&amp;gt;Horizontal Axial Stress:&amp;lt;/u&amp;gt;&lt;br /&gt;
:f&amp;lt;sub&amp;gt;h&amp;lt;/sub&amp;gt; = 0 psi.&lt;br /&gt;
&lt;br /&gt;
&amp;lt;u&amp;gt;Principal Stresses:&amp;lt;/u&amp;gt;&lt;br /&gt;
&lt;br /&gt;
From eq. (7):&lt;br /&gt;
&amp;lt;math&amp;gt;p_c = \frac {f_c + f_h}{2} + \sqrt{\Big( \frac {f_v - f_h}{2}\Big)^2 + v_{jh}^2} = \frac{136.21 + 0}{2} + \sqrt{\Big( \frac{136.21 - 0}{2}\Big)^2 + 262.39^2}&amp;lt;/math&amp;gt;&lt;br /&gt;
&lt;br /&gt;
::= 339.19 psi. ≤ 0.3(3000psi.) = 900 psi. &#039;&#039;&#039;O.K.&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
From eq. (8):&lt;br /&gt;
&amp;lt;math&amp;gt;p_t = \frac {f_v + f_h}{2} - \sqrt{\Big( \frac {f_v - f_h}{2}\Big)^2 + v_{jh}^2} = \frac{136.21 + 0}{2} - \sqrt{\Big( \frac{136.21 - 0}{2}\Big)^2 + 262.39^2}&amp;lt;/math&amp;gt;&lt;br /&gt;
&lt;br /&gt;
::= -202.98 psi. &amp;gt; 3.5&amp;lt;math&amp;gt;\sqrt{3000}&amp;lt;/math&amp;gt; = 191.7 psi. &#039;&#039;&#039;Not O.K.&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
Since p&amp;lt;sub&amp;gt;t&amp;lt;/sub&amp;gt; is greater than allowed, special joint reinforcement based on eqs. (9)through (14) are needed.&lt;br /&gt;
&lt;br /&gt;
&amp;lt;u&amp;gt;Check moment capacity&amp;lt;/u&amp;gt;&lt;br /&gt;
&lt;br /&gt;
Check the moment capacity of footing in the long direction to see if it is greater than the overstrength moment capacity of the column.&lt;br /&gt;
&lt;br /&gt;
Neglect the effect of the compression reinforcement.&lt;br /&gt;
&lt;br /&gt;
[[image:751.9.3.1.7.10 compression.jpg|center|550px]]&lt;br /&gt;
&lt;br /&gt;
:Since C&amp;lt;sub&amp;gt;c&amp;lt;/sub&amp;gt; = T&lt;br /&gt;
::&amp;lt;math&amp;gt;a = \frac{9.42(60,000)}{0.85(108)(3000)} &amp;lt;/math&amp;gt; = 2.0523&amp;quot;&lt;br /&gt;
:M&amp;lt;sub&amp;gt;n&amp;lt;/sub&amp;gt; = A&amp;lt;sub&amp;gt;s&amp;lt;/sub&amp;gt;(f&amp;lt;sub&amp;gt;y&amp;lt;/sub&amp;gt;)(d - a/2)&lt;br /&gt;
&lt;br /&gt;
::= 9.42(60)(35-(2.0523/2))&lt;br /&gt;
::= 1600.17 k-ft.&lt;br /&gt;
&lt;br /&gt;
Compare moment capacity of footing overstrength moment capacity of the column:&lt;br /&gt;
:1600.17 k-ft &amp;gt; 1562.60 k-ft.&lt;br /&gt;
&lt;br /&gt;
Moment capacity of the footing is greater than the overstrength moment of capacity of the column. &#039;&#039;&#039;O.K.&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
Check the moment capacity of the footing in the short direction to see if it is greater than the overstrength moment capacity of the column.&lt;br /&gt;
&lt;br /&gt;
Neglect the effect of the compression reinforcement.&lt;br /&gt;
[[image:751.9.3.1.7.10 compression2.jpg|center|550px]]&lt;br /&gt;
&lt;br /&gt;
:Since C&amp;lt;sub&amp;gt;c&amp;lt;/sub&amp;gt; = T&lt;br /&gt;
::&amp;lt;math&amp;gt;a = \frac{9.43(60,000)}{0.85(168)(3000)} &amp;lt;/math&amp;gt; = 1.3207&amp;quot;&lt;br /&gt;
:M&amp;lt;sub&amp;gt;n&amp;lt;/sub&amp;gt; = A&amp;lt;sub&amp;gt;s&amp;lt;/sub&amp;gt;(f&amp;lt;sub&amp;gt;y&amp;lt;/sub&amp;gt;)(d - a/2)&lt;br /&gt;
::= 9.43(60)(35-(1.3207/2))&lt;br /&gt;
::= 1619.11 k-ft.&lt;br /&gt;
&lt;br /&gt;
Compare moment capacity of footing overstrength moment capacity of the column:&lt;br /&gt;
:1619.11 k-ft &amp;gt; 1562.60 k-ft.&lt;br /&gt;
&lt;br /&gt;
Moment capacity of the footing is greater than the overstrength moment of capacity of the column. &#039;&#039;&#039;O.K.&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Design of reinforcement for the column-footing joint&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
:- Vertical reinforcement should be placed throughout a distance of h&amp;lt;sub&amp;gt;f&amp;lt;/sub&amp;gt;/2 from the column face on each side of the column.&lt;br /&gt;
&lt;br /&gt;
::From eq. (16): &amp;lt;math&amp;gt;A_{jv} = 0.5 A_{sc}\frac{f^0_{yc}}{f_{yv}}&amp;lt;/math&amp;gt;&lt;br /&gt;
:::A&amp;lt;sub&amp;gt;sc&amp;lt;/sub&amp;gt; = 15.71 in&amp;lt;sup&amp;gt;2&amp;lt;/sup&amp;gt;&lt;br /&gt;
:::&amp;lt;math&amp;gt;f^0_{yc}&amp;lt;/math&amp;gt; = 1.1 f&amp;lt;sub&amp;gt;y&amp;lt;/sub&amp;gt; = 66 ksi.&lt;br /&gt;
:::f&amp;lt;sub&amp;gt;yv&amp;lt;/sub&amp;gt; = 60 ksi.&lt;br /&gt;
:::A&amp;lt;sub&amp;gt;jv&amp;lt;/sub&amp;gt; = 0.5 (15.71) (66 / 60) = 8.641 in&amp;lt;sup&amp;gt;2&amp;lt;/sup&amp;gt;&lt;br /&gt;
&lt;br /&gt;
:- Reinforcement within the joint confines:&lt;br /&gt;
&lt;br /&gt;
::From eqs. (9),(10) &amp;amp; (16):&lt;br /&gt;
::: &amp;lt;math&amp;gt;A_{vi} = 0.25A_{sc}\frac{f^0_{yc}}{f_{yf}}&amp;lt;/math&amp;gt;&lt;br /&gt;
:::::= 0.25 (15.71)(66/60) = 4.320 in&amp;lt;sup&amp;gt;2&amp;lt;/sup&amp;gt;&lt;br /&gt;
&lt;br /&gt;
:- Additional top of footing longitudinal reinforcement:&lt;br /&gt;
:::&amp;lt;math&amp;gt;A_{sb} = 0.0625A_{sc}\frac{f^0_{yc}}{f_{yf}}&amp;lt;/math&amp;gt;&lt;br /&gt;
:::::= 0.0625 (15.70)(66 / 60) = 1.08 in&amp;lt;sup&amp;gt;2&amp;lt;/sup&amp;gt;&lt;br /&gt;
&lt;br /&gt;
:This reinforcement must be developed at a distance h&amp;lt;sub&amp;gt;b&amp;lt;/sub&amp;gt;/2 away from the face of the column and must be placed so that the reinforcement goes through the column reinforcement. A&amp;lt;sub&amp;gt;sb&amp;lt;/sub&amp;gt; is required in both directions in the footing.&lt;br /&gt;
&lt;br /&gt;
:- Hoop Reinforcement:&lt;br /&gt;
&lt;br /&gt;
::From eq. (13): &amp;lt;math&amp;gt; \rho_s = \frac{0.3A_{sc}f^\circ_{yc}}{L^2_af_{yh}}&amp;lt;/math&amp;gt;&lt;br /&gt;
&lt;br /&gt;
:::L&amp;lt;sub&amp;gt;a&amp;lt;/sub&amp;gt; = 35 in.&lt;br /&gt;
:::f&amp;lt;sub&amp;gt;yh&amp;lt;/sub&amp;gt; = 60 ksi&lt;br /&gt;
&lt;br /&gt;
::&amp;lt;math&amp;gt; \rho_s = \frac{0.3 (15.71)(66)}{35^2(60)}&amp;lt;/math&amp;gt; = 0.004232&lt;br /&gt;
&lt;br /&gt;
::&amp;lt;math&amp;gt; \rho_{s, min} = \frac{3.5 \sqrt{3000}}{60000}&amp;lt;/math&amp;gt; = 0.003195 &lt;br /&gt;
&lt;br /&gt;
::ρs &amp;gt; ρ&amp;lt;sub&amp;gt;s, min&amp;lt;/sub&amp;gt; &#039;&#039;&#039;∴use ρ&amp;lt;sub&amp;gt;s&amp;lt;/sub&amp;gt;&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
::Use #5 hoop reinforcement&lt;br /&gt;
&lt;br /&gt;
::A&amp;lt;sub&amp;gt;s&amp;lt;/sub&amp;gt; = 0.3068&lt;br /&gt;
&lt;br /&gt;
::D’ = 36 - 2(2) - 5/8” = 31.375”&lt;br /&gt;
&lt;br /&gt;
::ρ&amp;lt;sub&amp;gt;s&amp;lt;/sub&amp;gt; = 0.004232&lt;br /&gt;
&lt;br /&gt;
::From eq. (15): &amp;lt;math&amp;gt;S = \frac{4A_S}{D&#039;\rho_s} = \frac{4 (0.3068)}{31.375(0.004232)} &amp;lt;/math&amp;gt; = 9.24&amp;quot;&lt;br /&gt;
&lt;br /&gt;
::&#039;&#039;&#039;Use 9” Spacing&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
:Note: By adding 3 in. to footing depth in this example problem, the principal tensile stress in the joint would have been less than the maximum allowed tensile stress, thus eliminating the need for the special joint reinforcement other than the minimum required reinforcement. However, the practice of increasing footing depth to eliminate the need for the special joint reinforcement should be limited to increasing the footing depth a maximum of 6 inches.&lt;br /&gt;
&lt;br /&gt;
[[image:751.9.3.1.7.11.jpg|center|700px|thumb|&amp;lt;center&amp;gt;&#039;&#039;&#039;Fig. 751.40.8.11.5.11 Summary of Column-Footing Joint Reinforcement&#039;&#039;&#039;&amp;lt;/center&amp;gt;]]&lt;br /&gt;
&amp;lt;br&amp;gt;&lt;br /&gt;
&amp;lt;br&amp;gt;&lt;br /&gt;
&amp;lt;br&amp;gt;&lt;br /&gt;
----&lt;br /&gt;
&amp;lt;center&amp;gt;&amp;lt;big&amp;gt;&amp;lt;big&amp;gt;&#039;&#039;&#039;[[751.40 LFD Widening and Repair (CONTINUED)|751.40 LFD Widening and Repair - Continued on next page]]&#039;&#039;&#039;&amp;lt;/big&amp;gt;&amp;lt;/big&amp;gt;&amp;lt;/center&amp;gt;&lt;br /&gt;
----&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
[[Category:751 LRFD Bridge Design Guidelines]]&lt;/div&gt;</summary>
		<author><name>Hoskir</name></author>
	</entry>
	<entry>
		<id>https://epg.modot.org/index.php?title=User:Hoskir/Revision_Request_4225&amp;diff=58896</id>
		<title>User:Hoskir/Revision Request 4225</title>
		<link rel="alternate" type="text/html" href="https://epg.modot.org/index.php?title=User:Hoskir/Revision_Request_4225&amp;diff=58896"/>
		<updated>2026-06-23T16:18:10Z</updated>

		<summary type="html">&lt;p&gt;Hoskir: /* 643.2.13.3 PS&amp;amp;E Submittal */&lt;/p&gt;
&lt;hr /&gt;
&lt;div&gt;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643 Utility Procedures  &#039;&#039;CATEGORY&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt; &lt;br /&gt;
&amp;lt;br&amp;gt;&lt;br /&gt;
&lt;br /&gt;
{| style=&amp;quot;margin-left:15px; font-size: 95%; border:1px solid #a2a9b1; background:#f8f9fa;&amp;quot; width=&amp;quot;230px&amp;quot; align=&amp;quot;right&amp;quot; &lt;br /&gt;
| &#039;&#039;&#039;&amp;lt;center&amp;gt;&amp;lt;u&amp;gt;Additional Resources&amp;lt;/u&amp;gt;&amp;lt;/center&amp;gt;&#039;&#039;&#039;&lt;br /&gt;
|-&lt;br /&gt;
| ● [https://www.ecfr.gov/current/title-23/chapter-I/subchapter-G/part-64523 CFR 645]&lt;br /&gt;
|-&lt;br /&gt;
| ● [https://www.sos.mo.gov/cmsimages/adrules/csr/current/7csr/7c10-3.pdf7 CSR 10-30]&lt;br /&gt;
|-&lt;br /&gt;
| [[image:643 Utility Procedures.jpg|center|225px]]&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Utility Accommodation Policy:&#039;&#039;&#039; State DOTs are required to develop policies and procedures pertaining to the use, accommodation, and/or relocation of public and private utility facilities on highway rights-of way using Federal-aid highway funds. State DOTs are required to develop, maintain, and obtain FHWA approval of their Utility Accommodation Policy (UAP) (23 CFR section 645.215). This EPG article 643 and subarticles 643.1 through 643.3 are Missouri Department of Transportation (MoDOT)’s Utility Accommodation Policy. Text in EPG 643 consolidates various federal and state statutes and rules into a single, cohesive, workable policy to outline processes for MoDOT staff and utility owners.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Delegation of Work:&#039;&#039;&#039; Each MoDOT district is responsible for ensuring implementation of the UAP outlined in the subsequent EPG articles. Each district can create its own organization for whom is responsible for the work including between divisions and job titles. Work responsibilities within this article and subarticles are generic where possible. If a specific title is included, that title has sole responsibility for that item of work.&lt;br /&gt;
&lt;br /&gt;
&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;&lt;br /&gt;
&#039;&#039;&#039;643 documents not being used&#039;&#039;&#039;&lt;br /&gt;
[[media:144 Major Highway System 2022.pdf|major routes]]&lt;br /&gt;
&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;&lt;br /&gt;
&amp;lt;br&amp;gt;&lt;br /&gt;
&lt;br /&gt;
&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643.1 Utility Location  &#039;&#039;PAGE TITLE&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt; &lt;br /&gt;
&amp;lt;br&amp;gt; &lt;br /&gt;
&lt;br /&gt;
The information in this article provides a uniform system for regulating the location, construction, maintenance, removal, and relocation of utility facilities on the right of way of roadways located on the state highway system. It also provides for the facilitation of construction and maintenance of these roadways. Any location or relocation of utility facilities contrary to this information is an interference with the construction, maintenance, or operation of a state highway and its right of way and is prohibited.&lt;br /&gt;
&lt;br /&gt;
==643.1.1 Permits==&lt;br /&gt;
All utility owners are required to obtain a permit to work on Missouri Highway and Transportation Commission (Commission) right of way. A permit is required for original installation of the utility facility, on-going maintenance of the utility facility, or adjustments to a utility facility necessary to allow highway construction. Per [[127.29_Stormwater#127.29.4.3_MCM_3:_Illicit_Discharge_Detection_and_Elimination_(IDDE)_Program|EPG 127.29.4.3]], discharges of anything other than stormwater are not permitted. A deposit or bond is required to ensure completion of the work in accordance with the permit issued. An [https://www.modot.org/permits application for a permit] may be made on established forms specifically stating the nature of the work to be performed. Applications for permits may be obtained at any of the [https://www.modot.mo.gov/ seven (7) district highway offices] of the Commission, [https://www.modot.mo.gov/ MoDOT&#039;s website], or by requesting it from the office of the Missouri Highways and Transportation Commission in Jefferson City, Missouri. The application for a permit will specifically state the nature of the work to be performed, what specific type of utility facility is to be installed, and, if necessary, the timeframe of any temporary use. Piping of any type of sewage or waste will only be allowed providing any permitting by a regulatory agency, such as Missouri Department of Natural Resources, can be provided. Prior to obtaining a permit through MoDOT’s permit system, a utility owner will be required to provide a bond to ensure satisfactory work and complete a TR50 Electronic Signature Agreement with the Commission. The name of the utility owner must match on the bond, TR50, and in the permit system. More information on permitting can be found in [[:Category:941_Permits_and_Access_Requests|EPG 941]].&lt;br /&gt;
&lt;br /&gt;
===643.1.1.1 Emergency Work===&lt;br /&gt;
When emergency operations work is necessary, the damaged utility facility may be accessed immediately and without a permit by leaving the pavement at such points as may be necessary to effect emergency repairs, provided immediate notice is given to the Missouri State Highway Patrol and the district utilities staff for the district wherein the work will be performed, and a permit for emergency operations is requested immediately upon discovery of the need for emergency operations. A permit for emergency operations work is to be obtained as soon as practical, but in no event later than two (2) working days after the emergency operations work has commenced. Emergency operations include, but are not limited to, unplanned work in response to utility facilities being so damaged as to constitute an emergency situation directly affecting or endangering traffic on the highway or public health or safety.&lt;br /&gt;
&lt;br /&gt;
===643.1.1.2 Third-Party Inspection===&lt;br /&gt;
When a utility owner has a large number of projects in a given area or projects involving great complexity, MoDOT reserves the right to limit the number of permits open at any given time. With approval of the district utilities staff, a utility owner may hire a third-party inspector, at their cost. The third-party inspector will allow the utility owner to increase the number of permits open at any given time. The responsibility of the third-party inspector will be to ensure the installation of the utility facility proceeds in a manner consistent with the plans approved in the permit, including all work zone requirements and conformity with MoDOT’s Standards and Specifications. The MoDOT approved third-party inspector will be listed in the permit. MoDOT may audit third-party inspections and revoke the right to use third-party inspections should the inspectors fail to perform their duties.&lt;br /&gt;
&lt;br /&gt;
===643.1.1.3 Abandoned Utility Facilities===&lt;br /&gt;
All utility facilities installed in Commission right of way are the property of the utility owner whether the utility facility is active or inactive. MoDOT may allow a utility facility to remain on Commission right of way whether the utility facility was abandoned for a MoDOT project or at the utility owner’s discretion. MoDOT may place requirements (such as removing inactive fiber optic cables, grouting pipes, removing valves) on the utility owner as part of the process of abandoning a utility facility. Liability for damage to Commission right of way due to an abandoned facility remains the responsibility of the utility owner. In the event MoDOT requires the removal of the abandoned utility facility, responsibility for the cost of the removal will be determined per [[#643.2.8_Cost_Responsibility|EPG 643.2.8]].&lt;br /&gt;
&lt;br /&gt;
==643.1.2 Definitions==&lt;br /&gt;
&#039;&#039;&#039;Bridge Attachment:&#039;&#039;&#039; A bridge attachment is any utility facility, including communication lines and electrical lines, or any other utility facility of a similar nature that is fastened to a bridge for the purpose of spanning an obstacle.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Clear zone:&#039;&#039;&#039; The total roadside border area starting at the edge of the traveled way, available for safe use by errant vehicles. This area may consist of a shoulder, a recoverable slope, a non-recoverable slope, and/or the area at the toe of a non-recoverable slope available for safe use by an errant vehicle. Clear zone dimensions are provided in the current edition of American Association of State Highway Transportation Officials Roadside Design Guide.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Ditch Line:&#039;&#039;&#039; A line where the roadway ditch meets the back slope. It is located at the lowest point of a V-bottom ditch or furthest point from the roadway of a flat bottom ditch where the roadway slopes back to the existing ground line.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Duct:&#039;&#039;&#039; An enclosed tubular casing, or raceway, for protecting wires, lines, or cables that is often flexible or semi-rigid (1-3% diametric deflection). The casing, or raceway, is separate from the cable or conductor that passes through it.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Encasement:&#039;&#039;&#039; The term encasement means the placing of an installation around and outside of an underground facility consisting of a larger conduit that permits the removal and replacement of the facility. An alternate to the conduit type encasement is reinforced concrete poured around the utility facility. Utility owners are allowed to use any types of material as a carrier and encasement for its facilities as expressly provided for in the permit issued for the installation of the utility facility.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Freeway:&#039;&#039;&#039; A divided arterial highway with full control of access.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Highway:&#039;&#039;&#039; Any public way for vehicular travel, including the entire area within the right of way and related facilities constructed or improved and maintained by the Missouri Highways and Transportation Commission (MHTC) acting through the Missouri Department of Transportation (MoDOT).&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Interchange Limits:&#039;&#039;&#039; For the uniform handling of utility installations only, the limits of an interchange are the outside ramp curve points. See [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_1_TypicalInterchangeLimits_AOD.pdf EPG Figure 643.1.1] for an example.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Interstate System or Other Freeways/Expressways:&#039;&#039;&#039; Interstate highways and highways with fully controlled access.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Major Routes (Interstates, Freeways/Expressways and Principal Arterials):&#039;&#039;&#039; The major highway system is all routes functionally classified as principal arterials. The principal arterial system provides for statewide or interstate movement of traffic. The major roads in Missouri total approximately 5,500 centerline miles.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Minor Routes:&#039;&#039;&#039; The minor highway system is all routes functionally classified as minor arterials or collectors. These routes mainly serve local transportation needs. The minor roads in Missouri total approximately 28,400 centerline miles.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Normal Right of Way Line:&#039;&#039;&#039; An imaginary line that connects sudden breaks in the major right of way points for roadways. Sight distance right of way points (triangles) at roadway intersections are not to be considered as sudden breaks for determining normal right of way.&lt;br /&gt;
[[File:fig_643.1.2-06_2026.jpg|none|700px|thumb|Figure 643.1.2 Normal Right of Way Line.]]&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Private Lines:&#039;&#039;&#039; Privately owned utility facilities which convey or transmit the commodities outlined in the definition of utility facility of this section but devoted exclusively to private use.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Scenic Enhancement Areas:&#039;&#039;&#039; Scenic enhancement areas include areas acquired or so designated as scenic strips, overlooks, rest areas, recreation areas, and the right of way of adjacent roadways and the right of way of roadways that pass through public parks and historic sites as described under 23 USC 138.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Utility Corridor:&#039;&#039;&#039; An area established for the placement of utility facilities parallel to the normal right of way line.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Utility Facility:&#039;&#039;&#039; Privately, publicly, or cooperatively owned line, facility, or system for producing, transmitting, or distributing communications, cable television, power, electricity, light, heat, gas, oil, crude products, water, steam, waste, storm water not connected with highway drainage or any other similar commodity, including any fire or police signal system or street lighting system which directly or indirectly serves the public and does not include privately owned facilities devoted exclusively to private use. The term &amp;quot;utility facility&amp;quot; includes those facilities used solely by the utility owner that are a part of its operating plant.&lt;br /&gt;
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&#039;&#039;&#039;Utility Owner:&#039;&#039;&#039; The utility owner is the utility company, inclusive of any wholly owned or controlled subsidiary, or city or county which owns utility facilities. The term also includes those government agencies that lease a utility facility for its own use or otherwise dedicated solely to governmental use.&lt;br /&gt;
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&#039;&#039;&#039;Variance:&#039;&#039;&#039; A one- (1-) time deviation from the requirements for location or relocation of utility facilities on the right of way of highways in the state highway system as established in [https://www.sos.mo.gov/cmsimages/adrules/csr/current/7csr/7c10-3.pdf Title 7 Code of State Regulations 10-3], requested by the utility, and approved by a MoDOT District Design Engineer.&lt;br /&gt;
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==643.1.3 Location of Utility Facilities==&lt;br /&gt;
Utility facilities paralleling the roadway should be installed in the utility corridor except as outlined below. The utility corridor is the space for all utility owners generally within six feet (6’) of the normal right of way line. When considering if the current utility corridor is available to expand from six feet (6’) to as much as twelve feet (12’), MoDOT determines if the expansion is warranted. In making the determination, MoDOT will consider the existing utilization of the original six feet (6’) corridor. Poles must remain within two feet (2’) of the normal right of way line unless approved by a variance. The utility corridor will only be expanded beyond six feet (6’) if the original six feet (6’) corridor is fully utilized and additional space would be required to accommodate additional utility facilities. Acquisition of additional right of way to establish a twelve feet (12’) corridor is not required on highway construction projects. For depths for underground utility facilities, see [[#643.1.4.1_Minimum_Cover_for_Underground_Facilities|EPG 643.1.4.1]].&lt;br /&gt;
&lt;br /&gt;
Utility facilities crossing the roadway should be installed as close to ninety degrees (90°) to the centerline of the roadway as possible and based on the guidelines below depending on the type of roadway. See [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_3_TypicalUtilityCorridor-InterchangeatMajorRoute_AOD.pdf EPG Figure 643.1.3] and [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_4_TypicalUtilityCorridor-InterchangeatMinorRoute_AOD.pdf EPG Figure 643.1.4] for typical utility corridors around interchanges.&lt;br /&gt;
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===643.1.3.1 Interstate System or Other Major Freeways/Expressways===&lt;br /&gt;
The installation of all utility facilities on highways of the Interstate System or other major freeways/expressways with fully controlled access are to be installed, serviced, and maintained without entering or leaving the roadway and ramps except at points approved by MoDOT for that purpose and without parking any equipment or storing materials upon the medians, roadway and ramps, or shoulders of the roadways. Cutting or damaging the pavement or paved shoulders is not permitted. New service connections to existing parallel utility facilities are to be permitted only where an outer roadway exists and then only where access is permitted by the Commission. Careful consideration will be given to the location of guys, anchors, braces, and other supports. Generally, good design practice will provide that appurtenances be located at right of way jogs, along intersecting road right of way, or at other similar acceptable locations, so that encroachment is held to an absolute minimum.&lt;br /&gt;
&lt;br /&gt;
No utility facilities will be permitted within the interchange limits of an interchange between fully limited access highways where planned or existing. Utility facilities within the interchange limits of an interchange with a non-access controlled highway will be permitted only along the minor road, provided that all construction, service, and maintenance can be performed from the minor road. Manholes and poles must be located beyond the ramp termini.&lt;br /&gt;
&lt;br /&gt;
For structures carrying or over interstates or other major freeways/expressways, see [[#643.1.5_Bridge_Attachment_Policy|EPG 643.1.5]].&lt;br /&gt;
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====643.1.3.1.1 Utility Facilities Crossing the Interstate or Other Major Freeways/Expressways====&lt;br /&gt;
=====643.1.3.1.1.1 Overhead Crossings of the Interstate or Other Major Freeways/Expressways=====&lt;br /&gt;
Overhead crossings of utility facilities are permitted only for power transmission and distribution lines and for multiple circuit communication lines where an underground installation is not economically feasible. Supports for existing utility facilities crossing overhead may remain on the right of way provided they are near the right of way line regardless of the presence of an outer road. Supports for new overhead utility facilities crossing overhead may be located on the right of way near the right of way line where an outer roadway exists and are to be located off the right of way where no outer roadway exists. Overhead service crossings are only permitted in isolated cases for residential or commercial establishments when the denial of the crossing would require construction of more than 1,200 feet (1,200’) of utility line to provide the service. Main or distribution line crossings are required to serve a general area other than isolated cases.&lt;br /&gt;
&lt;br /&gt;
=====643.1.3.1.1.2 Underground Crossings of the Interstate or Other Major Freeways/Expressways=====&lt;br /&gt;
Underground crossings of utility facilities are to be continuously encased under the pavement, medians, ramps, and shoulders with the casing extending to the toe of the fill slopes or to the ditch line. In curbed sections, encasement should extend outside the outer curb of the roadways a distance equal to the depth of the encasement at the curb line. Where installed by open trench through unpaved areas, detector tape should be placed approximately one foot (1&#039;) above the encasement. Where an interstate or other major freeway has a parallel outer roadway, encasement should be continuous under all roadways within the right of way.&lt;br /&gt;
&lt;br /&gt;
Manholes or vent pipes are to be located at the right of way line or adjacent to the outer roadway.&lt;br /&gt;
&lt;br /&gt;
For fiber optic cable, encasement should extend from within six feet (6&#039;) of one right of way line to within six feet (6&#039;) of the other right of way line.&lt;br /&gt;
&lt;br /&gt;
Exceptions may be made for encasement as listed in [[#643.1.4.2_Exceptions_to_Encasement|EPG 643.1.4.2]].&lt;br /&gt;
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=====643.1.3.1.1.3 Parallel Installations along the Interstate or Other Major Freeways/Expressways=====&lt;br /&gt;
New parallel installations on the right of way may be permitted only where an outer roadway exists, provided that poles are within two feet (2&#039;) of the normal right of way line and underground utility facilities are within the utility corridor, and provided that the utility facility can be installed and maintained between the outer roadway and the right of way line. Existing overhead or underground utility facilities that parallel an existing roadway which will be incorporated into a completed highway as an outer roadway may remain in place if all maintenance and service can be performed from an outer roadway and the existing location does not interfere with construction, maintenance, or operation of the completed highway. If an existing parallel utility facility needs to be relocated so as to not interfere with the construction, maintenance, or operation of the completed interstate or other major freeway, poles may be located withing five feet (5’) of the right of way line.&lt;br /&gt;
&lt;br /&gt;
Underground utility facilities are expected to be buried within the utility corridor of sight distance triangles (SDTs) at roadway intersections unless granted a variance. Overhead utility facilities may be allowed to span intersecting roadways with SDTs provided the poles, or supports, are located outside the SDT.&lt;br /&gt;
&lt;br /&gt;
=====643.1.3.1.1.4 Sanitary Sewers within the Right of Way of Interstates or Other Major Freeways/Expressways=====&lt;br /&gt;
New installations of sanitary sewers should follow the applicable guidelines for either underground crossings or parallel installations as appropriate. Existing gravity trunk sanitary sewers should be considered individually and removed or left in place contingent upon its age, condition, feasibility of moving, and maintenance access. Encasement of existing trunk sewers left in place may be required for questionable condition, protection during construction, or heavy fills.&lt;br /&gt;
&lt;br /&gt;
Manholes should be relocated to the right of way lines or adjacent to an outer roadway.&lt;br /&gt;
&lt;br /&gt;
===643.1.3.2 Major Routes===&lt;br /&gt;
For structures carrying or over major routes, see [[#643.1.5_Bridge_Attachment_Policy|EPG 643.1.5]].&lt;br /&gt;
&lt;br /&gt;
====643.1.3.2.1 Major Routes with Partially Controlled Access Right of Way====&lt;br /&gt;
The installation of all utility facilities on highways with partially controlled access right of way are to be installed, serviced, and maintained without entering or leaving the roadway and ramps except at points approved by MoDOT for that purpose and without parking any equipment or storing materials upon the medians, roadway and ramps, or shoulders of the roadways. Cutting or damaging the pavement or paved shoulders is not permitted. Equipment or materials stored within the right of way must be protected by longitudinal barrier or be located outside the clear zone. New service connections to existing parallel utility facilities are to be permitted only where granted by the Commission.&lt;br /&gt;
&lt;br /&gt;
No utility facilities will be permitted within the interchange limits of an interchange between fully limited access highways where planned or existing. Utility facilities within the interchange limits of an interchange with a non-access controlled highway will be permitted only along the minor road, provided that all construction, service, and maintenance can be performed from the minor road. Manholes and poles must be located beyond the ramp termini.&lt;br /&gt;
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====643.1.3.2.2 Major Routes with Normal Access Right of Way====&lt;br /&gt;
All new utility facilities will be installed and maintained without cutting or damaging the pavement or paved shoulders except in the event underlying rock formations or other obstructions are encountered that prevent boring or pushing operations. A variance may be granted for pavement cuts when the need is established. Pavement cuts may only be made by permits issued when it is impractical to otherwise service and maintain the facility. The installation of all utility facilities is to be installed without parking any equipment or storing materials upon the medians, roadway and ramps, or shoulders of the roadways. Equipment or materials stored within the right of way must be protected by longitudinal barrier or be located outside the clear zone.&lt;br /&gt;
&lt;br /&gt;
====643.1.3.2.3 Utility Facilities Crossing Major Routes====&lt;br /&gt;
=====643.1.3.2.3.1 Overhead Crossings of Major Routes=====&lt;br /&gt;
Supports for utility facilities crossing overhead should be located as near the right of way line as possible. For major routes with controlled access right of way, new overhead service crossings may be permitted in isolated cases for residential or commercial establishments where the denial of such crossings would require the construction of more than 1,200 feet (1,200’) of utility line to provide the same service. For major routes with normal access right of way, there is no restriction on the placement of service crossings.&lt;br /&gt;
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=====643.1.3.2.3.2 Underground Crossings of Major Routes=====&lt;br /&gt;
Underground crossings of utility facilities are to be continuously encased under the pavement, medians, ramps, and shoulders with the casing extending to the toe of the fill slopes or to the ditch line. In curbed sections, encasement should extend outside the outer curb of the roadways a distance equal to the depth of the encasement at the curb line. Where installed by open trench through unpaved areas, detector tape should be placed approximately one foot (1&#039;) above the encasement. Where a major route has a parallel outer roadway, encasement should be continuous under all roadways within the right of way.&lt;br /&gt;
&lt;br /&gt;
Manholes or vent pipes are to be located at the right of way line or adjacent to the outer roadway.&lt;br /&gt;
&lt;br /&gt;
For fiber optic cable, encasement should extend from within six feet (6&#039;) of one right of way line to within six feet (6&#039;) of the other right of way line.&lt;br /&gt;
&lt;br /&gt;
Exceptions may be made for encasement as listed in [[#643.1.4.2_Exceptions_to_Encasement|EPG 643.1.4.2]].&lt;br /&gt;
&lt;br /&gt;
====643.1.3.2.4 Parallel Installations along Major Routes====&lt;br /&gt;
New parallel installations on the right of way may be permitted provided that poles are within two feet (2&#039;) of the normal right of way line and underground utility facilities are within the utility corridor. Existing overhead or underground utility facilities that parallel an existing roadway which will be incorporated into a completed highway may remain in place if all maintenance and service can be performed without entering or leaving the roadway except at approved access points; without parking equipment or storing materials on the median, pavement, ramps, or shoulders; and the existing location does not interfere with construction, maintenance, or operation of the completed highway. If an existing parallel utility facility needs to be relocated so as to not interfere with the construction, maintenance, or operation of the completed highway, poles may be located withing five feet (5’) of the right of way line.&lt;br /&gt;
&lt;br /&gt;
Existing steel pipe transmission and distribution facilities for gaseous petroleum products that parallel an existing roadway that will be incorporated into the completed roadway may be left in place subject to an agreement by the utility owner that maintenance or service and facility expansion will be performed without cutting or damaging the pavement or interfering with the construction, maintenance, and operation of the highway and provided that the facility is cathodically protected against corrosion and meets the applicable material requirements.&lt;br /&gt;
&lt;br /&gt;
Underground utility facilities are expected to be buried within the utility corridor of sight distance triangles (SDTs) at roadway intersections unless granted a variance. Overhead utility facilities may be allowed to span intersecting roadways with SDTs provided the poles, or supports, are located outside the SDT.&lt;br /&gt;
&lt;br /&gt;
====643.1.3.2.5 Sanitary Sewers within the Right of Way of Major Routes====&lt;br /&gt;
New installations of sanitary sewers should follow the applicable guidelines for either underground crossings or parallel installations as appropriate. An existing gravity trunk sanitary sewer should be considered individually and removed or left in place contingent upon its age, condition, feasibility of moving, and maintenance access. If an existing parallel gravity main is left in place within the limits of the paved surface, paved shoulder lines, or curb lines, stub mains as required will be laid between the sewer main and curb or shoulder lines for future service connections in each block. Manholes should be relocated outside the traveled roadway as near the right of way line as practical.&lt;br /&gt;
&lt;br /&gt;
===643.1.3.3 Minor Routes===&lt;br /&gt;
For structures carrying or over minor routes, see [[#643.1.5_Bridge_Attachment_Policy|EPG 643.1.5]].&lt;br /&gt;
&lt;br /&gt;
====643.1.3.3.1 Utility Facilities Crossing Minor Routes====&lt;br /&gt;
=====643.1.3.3.1.1 Overhead Crossings of Minor Routes=====&lt;br /&gt;
Existing overhead crossings that interfere with construction, maintenance, or operation should be relocated with their supports as near the right of way line as is practical. New overhead crossing installations should be located with their supports as near the right of way line as is practical.&lt;br /&gt;
&lt;br /&gt;
=====643.1.3.3.1.2 Underground Crossings of Minor Routes=====&lt;br /&gt;
All new utility facilities should be installed and maintained without cutting or damaging the pavement or paved shoulders. A variance may be granted for pavement cuts when servicing and maintaining the facility by any other methods is impractical. Pavement cuts may only be made by permits issued. Underground crossings of utility facilities are to be continuously encased under the pavement, medians, ramps, and shoulders with the casing extending to the toe of the fill slopes or to the ditch line. In curbed sections, encasement should extend outside the outer curb of the roadways a distance equal to the depth of the encasement at the curb line. Where installed by open trench through unpaved areas, detector tape should be placed approximately one foot (1&#039;) above the encasement.&lt;br /&gt;
&lt;br /&gt;
Manholes or vent pipes are to be located at the right of way line or adjacent to the outer roadway.&lt;br /&gt;
&lt;br /&gt;
For fiber optic cable, encasement should extend from within six feet (6&#039;) of one right of way line to within six feet (6&#039;) of the other right of way line.&lt;br /&gt;
&lt;br /&gt;
Exceptions may be made for encasement as listed in [[#643.1.4.2_Exceptions_to_Encasement|EPG 643.1.4.2]].&lt;br /&gt;
&lt;br /&gt;
====643.1.3.3.2 Parallel Installations along Minor Routes====&lt;br /&gt;
New parallel installations on the right of way may be permitted provided that poles are within two feet (2&#039;) of the normal right of way line and underground utility facilities are within the utility corridor. Existing overhead or underground utility facilities that parallel an existing roadway which will be incorporated into a completed highway may remain in place if all maintenance and service can be performed without entering or leaving the roadway except at approved access points; without parking equipment or storing materials on the median, pavement, ramps, or shoulders; and the existing location does not interfere with construction, maintenance, or operation of the completed highway. If an existing parallel utility facility needs to be relocated so as to not interfere with the construction, maintenance, or operation of the completed highway, poles may be located within five feet (5’) of the right of way line.&lt;br /&gt;
&lt;br /&gt;
Underground utility facilities are expected to be buried within the utility corridor of sight distance triangles (SDTs) at roadway intersections unless granted a variance. Overhead utility facilities may be allowed to span intersecting roadways with SDTs provided the poles, or supports, are located outside the SDT.&lt;br /&gt;
&lt;br /&gt;
====643.1.3.3.3 Sanitary Sewers within the Right of Way of Minor Routes====&lt;br /&gt;
New installations of sanitary sewers should follow the applicable guidelines for either underground crossings or parallel installations as appropriate. An existing gravity trunk sanitary sewer should be considered individually and removed or left in place contingent upon its age, condition, feasibility of moving, and maintenance access. If an existing parallel gravity main is left in place within the limits of the paved surface, paved shoulder lines, or curb lines, stub mains as required will be laid between the sewer main and curb or shoulder lines for future service connections in each block. Manholes should be relocated outside the traveled roadway.&lt;br /&gt;
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===643.1.3.4 Roundabouts===&lt;br /&gt;
Regardless of roadway type, it is desirable to avoid locating utility facilities and their access points within the circulatory roadway. If possible, utility facilities are located in the legs of the roundabout to allow for future maintenance and access at an isolated leg versus affecting the entire roundabout. See [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_5_TypicalLocationofUtilityFacilitiesnearRoundabouts_AOD.pdf EPG Figure 643.1.5] for an example.&lt;br /&gt;
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===643.1.3.5 Utility Facilities in Scenic Enhancement Areas===&lt;br /&gt;
All existing utility facilities within the limits of a scenic enhancement area requiring adjustment because of construction or reconstruction will be placed underground or relocated beyond the limits of the scenic enhancement area. No new above ground facilities will be permitted. New underground facilities will be permitted provided they do not extensively alter or impair the appearance of the area.&lt;br /&gt;
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==643.1.4 Installation of Utility Facilities==&lt;br /&gt;
The following sections provide information on the physical installation of utility facilities within highway right of way.&lt;br /&gt;
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===643.1.4.1 Minimum Cover for Underground Facilities===&lt;br /&gt;
The minimum cover for new underground utilities is:&lt;br /&gt;
* Forty-two inches (42”) for all water lines (parallel and crossings).&lt;br /&gt;
* Forty-two inches (42”) for fiber optic cable (crossings encased in rigid conduit).&lt;br /&gt;
* Seventy-two inches (72”) for fiber optic cable (crossings encased in polyethylene (PE) pipe).&lt;br /&gt;
* Thirty inches (30”) for direct burial and in trench fiber optic cable (parallel).&lt;br /&gt;
* Twenty-four inches (24”) for all other direct burial copper or coaxial cable, (parallel).&lt;br /&gt;
* Seventy-two inches (72”) for uncased polyethylene (PE) gas pipe crossings under ditches and roadways but thirty inches (30”) elsewhere.&lt;br /&gt;
* Thirty inches (30”) for all other (such as, but not limited to, gravity sewers, forced sewers, and electric) underground utilities (both parallel and crossing).&lt;br /&gt;
&lt;br /&gt;
===643.1.4.2 Exceptions to Encasement===&lt;br /&gt;
Exceptions may be made for encasement as follows:&lt;br /&gt;
* Non-fiber communication or electric cables installed in ducts.&lt;br /&gt;
* Welded steel pipelines carrying gaseous or liquid petroleum products - provided they are cathodically protected against corrosion, triple-coated in accordance with accepted pipeline construction standards, and meet applicable material requirements.&lt;br /&gt;
* Natural gas distribution pipe (nominal six-inch (6”) diameter maximum) of polyethylene (PE) plastic, traceable, installed by a horizontal bore method at a minimum depth of seventy-two inches (72”) under ditches and roadways, constructed in accordance with and meeting applicable material requirements.&lt;br /&gt;
* Gas service connections protected and constructed in accordance with and meeting applicable material requirements.&lt;br /&gt;
* Encasement is not required for new trunk sanitary sewer crossings of vitrified clay, reinforced concrete or cast iron except when installation procedures would produce voids in the roadbed, heavy fills, or installations under pressure.&lt;br /&gt;
&lt;br /&gt;
===643.1.4.3 Above Ground or Ground Level Appurtenances===&lt;br /&gt;
Appurtenances protruding more than four inches (4”) above the ground line should be located outside the clear zone. If no feasible alternative exists and if permitted by a variance, appurtenances may be allowed within the clear zone if they meet breakaway criteria or will be shielded by a traffic barrier. Good design practice will provide that appurtenances be located at right of way jogs, along intersecting road right of way, or at other similar acceptable locations, so that encroachment is held to an absolute minimum. Cables, wires, small diameter pipes, and other such utility appurtenances extending from the surface of the ground should be equipped with covers or guards to improve their visibility. Appurtenances within sidewalks or street level pedestrian access routes are to be in conformance with the Americans with Disabilities Act requirements.&lt;br /&gt;
&lt;br /&gt;
The maximum pull box width perpendicular to the right of way line within the utility corridor is thirty inches (30”).&lt;br /&gt;
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===643.1.4.4 Overhead Utility Facilities===&lt;br /&gt;
The vertical clearance of new or existing overhead installations will not be less than the current minimum requirements of the National Electric Safety Code, but in no case less than eighteen feet (18’) inclusive of sag above the groundline for electrical facilities. Clearance may be reduced for overhead installations of cable, telephone, or fiber optic facilities.&lt;br /&gt;
A minimum radial clearance of twenty-five feet (25’) is provided from any utility facility to the nearest part of any bridge structure. A minimum radial clearance of ten feet (10’) is provided from the nearest charged electrical line to a MoDOT signal, lighting, ITS, or overhead sign structure.&lt;br /&gt;
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===643.1.4.5 Approved Materials===&lt;br /&gt;
Utility owners are allowed to use any material for underground utility facilities including carrier and encasement provided they accept responsibility for any future repairs and/or replacement of damaged MoDOT facilities should a failure occur. This will allow the use of current technology and procedures to provide the best value to its subscribers and the taxpayers of Missouri. For materials that MoDOT also uses in its highway system, utility owners must provide materials that meet the current [https://www.modot.org/missouri-standard-specifications-highway-construction Missouri Standard Specifications for Highway Construction]. For materials not listed in the Missouri Standard Specifications for Highway Construction, the utility owner should provide documentation of the standards used to determine suitability of the material.&lt;br /&gt;
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===643.1.4.6 Cutting===&lt;br /&gt;
In the event permission is granted to cut an existing concrete or asphalt pavement or sidewalk, the appropriate provisions below should be followed.&lt;br /&gt;
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====643.1.4.6.1 Pavement====&lt;br /&gt;
All pavement cuts should be made with a saw to the full depth of the pavement. The width of the cut is typically determined by the width of the trench plus a minimum one foot (1’) on each side of the trench. In the event the distance to any adjacent longitudinal or transverse joint or crack is less than four feet (4’), the pavement must be removed to the joint or crack. Cuts for perpendicular service tie-ins should be a minimum of three feet (3’) wide. Longitudinal main installations are typically cut at a minimum of half the lane width, but in no instance should the cut be along the wheel path of the lane.&lt;br /&gt;
[[File:fig_643.1.6-06_2026.jpg|800px|none|thumb|Figure 643.1.6 Pavement Repair Dimension Requirements.]]&lt;br /&gt;
&lt;br /&gt;
The utility facilities should be placed in a location with the least impact to the roadway. Typically, this leads to placement in the shoulder when available followed by the two-way left turn lane (TWLTL), and then outside lanes before allowing placement in interior through lanes. Lane switching should be kept to a minimum and should not be used to minimize repair sizes. Cuts for mains or service leads that may not be perpendicular to the roadway should be squared-off.&lt;br /&gt;
&lt;br /&gt;
Replacement of cut pavement should be full depth concrete in accordance with the current version at the time of installation of Section 613.10 Full Depth Pavement Repairs of the Missouri Standard Specifications for Highway Construction and the Missouri Standard Plans for Highway Construction. If the area of the pavement repair is not to be fully resurfaced all joints including the overcut from the sawing operation should be filled with an expansive mortar, epoxy, polyester, or joint material as approved by the Engineer in accordance with Section 1057 of the Missouri Standard Specifications for Highway Construction.&lt;br /&gt;
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====643.1.4.6.2 Pedestrian Access Routes====&lt;br /&gt;
All cuts in the pedestrian access routes whether asphalt or concrete should be made by saw and be the full depth of the material. Entire slabs of concrete sidewalk should be removed. Repair of the pedestrian access route must meet Americans with Disability Act requirements, see [[:Category:642_Pedestrian_Facilities|EPG 642]]. Cuts through curb ramps or detectable warning areas are not permitted. Rather the entire curb ramp or detectable warning area must be removed and replaced. MoDOT district ADA contacts can help ensure ADA compliance of impacted pedestrian access routes.&lt;br /&gt;
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===643.1.4.7 Non-disturbance Areas===&lt;br /&gt;
MoDOT has certain areas of right of way where mowing, spraying, digging, or other vegetation disturbance activities are restricted. These areas have been established to mitigate the environmental impacts of a previous project and should be avoided. If the areas cannot be avoided, contact MoDOT’s Environmental Section.&lt;br /&gt;
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==643.1.5 Bridge Attachment Policy==&lt;br /&gt;
No utility facility will be permitted in or on a structure carrying an interstate or other freeway unless it is part of a federal requirement or for MoDOT’s use. When the structure carries any other road type and no other practical means exists for the crossing, wires (communication, electrical, fiber, or metal) will be permitted. Electrical lines must be located to cause minimum exposure to MoDOT maintenance personnel and the public. Pressurized pipelines for gas or other petroleum products and water and all sewer lines are prohibited on all structures due to the risks associated with their failure.&lt;br /&gt;
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===643.1.5.1 Agreement===&lt;br /&gt;
An agreement is required for all utility facilities attached to any structure. A charge will be made for the increased maintenance costs involved. This fee is set by the Bridge Division. When permitted, a 50-year occupational agreement is executed with the utility owner. Agreement BR04 Utility Attachment Agreement is used when an attachment is added to a bridge during its construction. Agreement BR09 Bridge Attachment Agreement is used when an attachment is added to an existing bridge.&lt;br /&gt;
&lt;br /&gt;
===643.1.5.2 Requests===&lt;br /&gt;
Requests to attach facilities to structures is a multi-step process. Bridge Division is responsible for approval of the bridge attachment. If at any point in the process, Bridge Division determines the attachment to be unacceptable, a reason is to be provided.&lt;br /&gt;
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To start, the utility owner submits a conceptual request to the district utilities staff. The conceptual request consists of an explanation of the proposal; a general location sketch (i.e., which side of the bridge); and details on the facility, length, and weight per foot when full. The district utilities staff should work with all relevant district personnel including the District Bridge Engineer in reviewing and recommending the attachment. The district utilities staff will submit the recommended details to the Bridge Division to determine the applicable costs including future maintenance costs and for attachments to new bridges, design and construction. Once the Bridge Division has determined the cost, the district utilities staff shares the cost with the utility owner for their concurrence with furthering the process. For new bridges, if the utility owner concurs with the costs, the district utility staff will prepare the BR04 Agreement for execution by the utility owner and the Commission. MoDOT will be responsible for the design and construction of attachments to new bridges. For existing bridges, the district utilities staff will forward the applicable as-built bridge plans to the utility owner for its use in designing the bridge attachment. The utility owner will provide detailed design drawings, signed and sealed by a professional engineer in the State of Missouri, to the district utilities staff for review. The district utilities staff should work with all relevant district personnel, including the District Bridge Engineer, in reviewing and recommending the details of the attachment to the Bridge Division. Once Bridge Division approves, the Bridge Division will prepare the BR09 Agreement for execution by the utility owner and the Commission. The utility owner is responsible for the construction of attachments to existing bridges. A flow chart, [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_7_BridgeAttachementProcess_AOD.pdf EPG Figure 643.1.7], of the process is available.&lt;br /&gt;
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Payment from the utility owner for the attachment will be sent to Financial Services by district utilities staff. For BR04 agreements, district utilities staff should discuss with Financial Services how to get the payment credited to the project constructing the attachment. For BR09 agreements, district utilities staff should copy Bridge Division on correspondence with Financial Serves. Checks should be made payable to Director of Revenue, Credit State Road Fund.&lt;br /&gt;
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For requests from government entities such as cities, counties, and other municipalities, the requested information should be submitted to Bridge Division as described above. However, the district utilities staff will take the lead in preparing the DE10 County Agreement or DE11 Municipal Agreement, as applicable, with input from Bridge Division and Bridge Maintenance. All fees are waived for government entities.&lt;br /&gt;
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===643.1.5.3 Considerations===&lt;br /&gt;
The following considerations are made in determining the acceptability of a bridge attachment. Unique situations will be discussed with the Bridge Division as required.&lt;br /&gt;
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====643.1.5.3.1 Bridge Asset Management Program====&lt;br /&gt;
Requests for bridge attachments should be reviewed for consistency with the district’s upcoming bridge asset management program needs. If a structure is due for rehabilitation or replacement in the near future, information should be provided to the utility owner indicating existing remaining life of the bridge. In some instances, it may be in MoDOT’s best interest to deny the request for attachment outright. In some instances, the utility owner may still choose to pursue the short-term attachment to the existing structure. In almost all cases, the utility owner is responsible for the cost of removing and/or relocating their utility facilities for a necessary repair, widening, improvement or reconstruction of the structure. Review existing agreements for cost responsibility for current attachments.&lt;br /&gt;
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====643.1.5.3.2 Aesthetics====&lt;br /&gt;
In reviewing a request for a bridge attachment, how the structure is viewed by the public will be considered. For example, is the structure over a scenic stream that is extensively used by canoeists, or does the structure span a road that may provide access to a park, campgrounds, or boat launching facilities? Is the structure a grade separation where the motoring public will see the attachment before they pass under it?&lt;br /&gt;
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====643.1.5.3.3 Method of Attachment====&lt;br /&gt;
In order to maintain structural integrity of any structures the following requirements will apply for attachments.&lt;br /&gt;
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=====643.1.5.3.3.1 Welding=====&lt;br /&gt;
Welding of hardware to structural steel members (i.e., flanges, webs, stiffeners, and diaphragms) whether in tension or compression is not permitted.&lt;br /&gt;
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=====643.1.5.3.3.2 Drilling=====&lt;br /&gt;
Drilling holes in any structural steel member is not permitted. Drilling holes for anchors into any prestressed concrete member is not permitted. Although permitted, drilling holes for anchors into the underside of bridge decks must be done with caution. It is recommended all anchors be installed to miss deck reinforcing steel. Generally, drilling into decks will not be allowed where sonotubes were used (voided slab bridges). The depth of the holes should be such that breaking out of the concrete on the top side of the deck does not occur.&lt;br /&gt;
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=====643.1.5.3.3.3 Corrosion=====&lt;br /&gt;
Attachment hardware will be new, properly coated to prevent corrosion or be of a non-corrosive material, and be designed to support the facility.&lt;br /&gt;
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====643.1.5.3.4 Location====&lt;br /&gt;
In general, attachments are made on the underneath side of the bridge deck. The condition of the bridge deck will dictate the location of the attachment supports. An exception may be attachments to trusses or other overhead structures.&lt;br /&gt;
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Attachments that may require manholes in bridge decks are not allowed.&lt;br /&gt;
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When attachments are required to structures over streams that may carry large drifts, they must be attached to the downstream side of the structure and above the lowest superstructure element. It is preferred to locate the attachment on the outside of the exterior girder. If aesthetics are a concern, a better appearance can be achieved by having the attachment made to the inside of the exterior girder and above the bottom of the lower flange to hide the conduit and the attaching hardware.&lt;br /&gt;
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Placement of utilities must not prevent the removal of old paint, the application of new paint on superstructure steel, or cause debris buildup, which could cause structural deterioration.&lt;br /&gt;
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====643.1.5.3.5 Construction and Maintenance====&lt;br /&gt;
If the attachment cannot be built while maintaining one (1) lane of traffic on the structure, it will not be allowed.&lt;br /&gt;
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Construction procedures that severely impact traffic may factor into the allowable location of the attachment on the structure.&lt;br /&gt;
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When scaffolding is to be attached or supported by bridge rails, bridge superstructure, or bridge substructure, the procedures for construction of the attachment must be reviewed.&lt;br /&gt;
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The utility owner or local entity will pay for, or be responsible for, the painting of the attachment, if necessary, when the bridge requires painting.&lt;br /&gt;
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==643.1.6 Private Lines==&lt;br /&gt;
Private lines are permitted to cross the right of way of a highway in the same manner as outlined for all utility facilities in above sections of this article. Parallel installations along the right of way of a highway are not permitted. Special conditions at a specific location that make adherence to this policy impractical will be submitted to the Chief Engineer for consideration of an acceptable alternative. In certain situations, it may be necessary to obtain approval from the Federal Highway Administration (FHWA) before approval to use the alternative can be given to the private utility owner.&lt;br /&gt;
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==643.1.7 Water and Sewer Separations==&lt;br /&gt;
The Missouri Department of Natural Resources (MoDNR) Safe Drinking Water Commission via 10 CSR 60-10 and Clean Water Commission via 10 CSR 20-8 govern the design of water and sewer lines in the vicinity of one another. Basic criteria are outlined below for information, and details are contained within the regulations. MoDOT is not responsible for providing or acquiring adequate right of way for utility owners to comply with MoDNR requirements.&lt;br /&gt;
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===643.1.7.1 Water and Sewer Separations===&lt;br /&gt;
====643.1.7.1.1 Horizontal====&lt;br /&gt;
Sanitary and storm sewers are to be laid at least ten feet (10’) horizontally measured from outside edge to outside edge from any existing or proposed water main. In cases where it is not practical to maintain ten feet (10’) of separation, installation of the water main closer to the sewer is acceptable where the water main is installed in a separate trench or on an undisturbed earth shelf located on one (1) side of the sewer at an elevation so the bottom of the water main is at least eighteen inches (18”) above the top of the sewer.&lt;br /&gt;
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===643.1.7.2 Crossings===&lt;br /&gt;
Water mains are to be laid to provide a minimum vertical distance of eighteen inches (18”) vertically measured outside edge to edge from sanitary or storm sewers. This is the case whether the water main is above or below the sewer. One (1) full length of water pipe must be located so both joints will be as far from the sanitary or storm sewer line as possible. Special structural support for the water main or sanitary or sewer main may be required.&lt;br /&gt;
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===643.1.7.3 Exception===&lt;br /&gt;
When it is impossible to obtain proper horizontal and vertical separation as stipulated, the sewer will be designed and constructed equal to water pipe and will be pressure-tested to assure it is watertight prior to backfilling.&lt;br /&gt;
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===643.1.7.4 Water Supply Interconnections===&lt;br /&gt;
No physical connection is permitted between a public or private potable water supply system and any sanitary or storm sewer or appurtenance that would permit the passage of any sewage or polluted water into the water supply. No water pipe is permitted to pass through or come in contact with any part of a sanitary sewer manhole.&lt;br /&gt;
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===643.1.7.5 Water Works Structures===&lt;br /&gt;
Sewers are not permitted to be installed within fifty feet (50’) in any direction from any existing or proposed public water supply well or other water supply sources or structures.&lt;br /&gt;
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==643.1.8 Variances==&lt;br /&gt;
Occasionally, it is impractical to locate a utility facility in accordance with requirements outlined in this article. MoDOT may consider a utility owner’s request for a variance from these requirements on a case-by-case basis. The utility owner should complete a [https://epg.modot.org/forms/general_files/DE/UtilityVarianceApprovalForm.docx Utility Variance Approval Form] to be submitted to MoDOT for consideration. Variances on the Interstate System require approval of the Federal Highway Administration (FHWA). A flow chart, [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_8_VarianceApprovalProcess.pdf EPG Figure 643.1.8], of the variance process is available.&lt;br /&gt;
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A variance will not be permitted just for the convenience of the utility owner. The utility owner requesting a variance must provide all necessary information to properly evaluate if a variance should be approved. For example, a utility owner requesting a variance because “the utility corridor is full” must explore all reasonable options. It is suggested that the requestor pothole the existing utility corridor to confirm the location of existing utility facilities and provide that data to support the need to locate outside of the utility corridor due to its congestion.&lt;br /&gt;
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===643.1.8.1 Variance Process===&lt;br /&gt;
Any utility owner of a public utility facility may apply for a variance. The process for requesting a variance is as follows:&lt;br /&gt;
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====643.1.8.1.1 Submittal Requirements====&lt;br /&gt;
Utility owners submit to the district utilities staff a written request for a variance using the [https://epg.modot.org/forms/general_files/DE/UtilityVarianceApprovalForm.docx Utility Variance Approval Form]. The utility owner must clearly show the provision(s) or guideline(s) for which the variance is being requested; the condition(s) which the utility owner believes warrant(s) the granting of a variance; a thorough explanation of the reason(s) for the requested variance, including sufficient and appropriate documentation of safety, aesthetic, or constructability constraints that would be adverse to the function, access, or maintenance of the utility facility and not in the best interest of the public.&lt;br /&gt;
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====643.1.8.1.2 MoDOT Consideration of Variance Request====&lt;br /&gt;
The utility owner bears full responsibility for demonstrating to MoDOT’s satisfaction that the variance is the most appropriate way to serve the public interest. MoDOT may present to the utility owner and the utility owner must consider reasonable alternatives to the variance requested by the utility owner. In determining whether to grant a variance, district utilities staff will consider all relevant factors including, but not limited to: the requested variance is reasonably necessary for the convenience, safety, health, and/or welfare of the public; there is an exceptional or undue burden or hardship on the specific applicant; a physical impracticability that would result from the applicant’s adherence to the normal location requirements; and the requested variance will not impair the safe construction, maintenance, operation, and safety of public travel on the highway. District utilities staff may consult with the Design Liaison Engineer in evaluating variances.&lt;br /&gt;
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====643.1.8.1.3 Approval of Variances====&lt;br /&gt;
Once district utilities staff have agreed to accept a variance proposed by the utility owner, the [https://epg.modot.org/forms/general_files/DE/UtilityVarianceApprovalForm.docx Utility Variance Approval Form] and all supporting documentation is sent to the District Design Engineer (DDE) for approval. If a variance is on interstate right of way, the DDE-signed Variance Request Form and all supporting documentation is forwarded to the Design Liaison Engineer who will forward to FHWA for their concurrence.&lt;br /&gt;
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====643.1.8.1.4 Variance Appeal Informal Hearing====&lt;br /&gt;
If denied a variance, the utility owner has thirty (30) calendar days to request an informal hearing for the purpose of appealing the denial. Requests must be made in writing to the State Design Engineer, Missouri Department of Transportation, P.O. Box 270, Jefferson City, MO 65102. If the utility owner requests an informal hearing, MoDOT’s authorized representative will advise the applicant of the time, date, and place of the hearing. The hearing is not a contested case under RSMo 536. The rules of evidence will not apply at the hearing, and MoDOT’s decision after the conduct of the hearing is not subject to further appeal.&lt;br /&gt;
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==643.1.9 Excess Right of Way==&lt;br /&gt;
Prior to conveyance of excess right of way, the status of utility facilities within said parcel must be addressed. See [[236.5_Property_Management#236.5.12_Excess_Land_Conveyances_&amp;amp;_Relinquishments_–_Regulated_Utilities|EPG 236.5.12]].&lt;br /&gt;
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==643.1.10 Broadband==&lt;br /&gt;
Broadband development in the state of Missouri is handled by the Department of Economic Development (DED). MoDOT shares its approved Statewide Transportation Improvement Program (STIP) project list with DED. All MoDOT policies related to placement of utility facilities within Commission right of way as outlined in this EPG 643.1 are to be followed.&lt;br /&gt;
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&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643.2 Utilities in Program Delivery &#039;&#039;PAGE TITLE&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt; &lt;br /&gt;
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==643.2.1 Introduction==&lt;br /&gt;
Improvements to the highway system often require negotiation between the Commission and a city, a county, or a public or private utility owner. The Commission’s district utilities staff is responsible for coordination of highway improvement projects with the utility owner’s representative. The impact to a utility, the responsibility for the cost of adjustments necessary to allow highway construction, the plan of adjustment of the utility, the responsibility of performance of work on utility facilities, and the schedule of the utility adjustment are all items that vary depending on the project and should be investigated and negotiated to ensure highway improvement projects are delivered on-time and on-budget. These should comply with Commission policy. A [https://epg.modot.org/forms/general_files/DE/flowchart.pdf flowchart] outlining all the utility adjustment processes (reimbursable and non-reimbursable relocations, Master Reimbursable Utility Agreements and Project Specific Agreements, etc.) are available in the list of figures at the top of the page. These processes will not always be in combination, but each should be considered with each project.&lt;br /&gt;
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The district utilities staff, in conjunction with the Transportation Project Manager (TPM), is expected to invite and encourage participation of utility owner representatives in MoDOT project meetings as needed.&lt;br /&gt;
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When a project involves utility adjustments for which the Commission is responsible for costs, the TPM should program the costs of the utility adjustments as non-contractual construction costs in the STIP Information Management System (SIMS).&lt;br /&gt;
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==643.2.2 Annual Utility Meeting==&lt;br /&gt;
Each district should hold an annual meeting with utilities to discuss current STIP projects in the district. The annual meeting should be held during each year&#039;s STIP preparations, ideally between January and May. All utility owners that have utility facilities in the district should be invited. The intent is to provide the utility owners with an idea of upcoming projects to allow them the opportunity to plan and budget for potential adjustments of their utility facilities, identify both MoDOT and utility roadblocks, and develop action plans to complete utility adjustments better, faster, and cheaper.&lt;br /&gt;
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==643.2.3 Determination of Existing Utilities==&lt;br /&gt;
District utilities staff should determine the appropriate level of effort needed to accurately identify existing utilities within the footprint of a proposed highway construction project. Aboveground utilities are easily identifiable via field checks; however, determination of the precise location of underground utilities can be more challenging and time consuming. Therefore, the district utilities staff should balance the risk of conflict with the highway construction project against the level of effort needed to determine the location.&lt;br /&gt;
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The level of effort on mapping utilities is dependent on the scope of the project and the potential for utilities having an impact on the construction of the project. The project schedule should include the time to complete this task accurately. The time and effort necessary for having accurate locates requires close interaction with the utility locators. Early contact with utility owner representatives may be necessary to accurately locate underground utility facilities.&lt;br /&gt;
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Various methods of determining existing underground utilities result in different levels of quality. ASCE Standard 38 Standard Guidance for Investigating and Documenting Existing Utilities classifies four levels of quality:&lt;br /&gt;
:1. Quality Level D: QL-D is the most basic level of information for utility locations. It comes solely from existing utility records or verbal recollections, both typically unreliable sources. It may provide an overall &amp;quot;feel&amp;quot; for the congestion of utilities but is often highly limited in terms of comprehensiveness and accuracy. QL-D is useful primarily for project planning and route selection activities.&amp;lt;br&amp;gt;&lt;br /&gt;
: ● Missouri 811 or “private-locate” markings are to be considered to be QL-D.&lt;br /&gt;
:2. Quality Level C: QL-C is probably the most used level of information. It involves surveying visible utility facilities (e.g., manholes, valve boxes, etc.) and correlating this information with existing utility records (QL-D information). When using this information, it is not unusual to find that many underground utilities have been either omitted or erroneously plotted. Therefore, its usefulness is primarily on rural projects where utilities are not prevalent or are not too expensive to repair or relocate.&lt;br /&gt;
:3. Quality Level B: QL-B involves the application of appropriate surface geophysical methods to determine the existence and horizontal position of virtually all utilities within the project limits. This activity is called &amp;quot;designating&amp;quot;. The information obtained in this manner is surveyed to project control. It addresses problems caused by inaccurate utility records, abandoned or unrecorded utility facilities, and lost references. The proper selection and application of surface geophysical techniques for achieving QL-B data is critical. Information provided by QL-B can enable the accomplishment of preliminary engineering goals. Decisions regarding location of storm drainage systems, footers, foundations, and other design features can be made to avoid conflicts with existing utilities. Slight adjustments in design can produce substantial cost savings by eliminating utility relocations.&lt;br /&gt;
:4. Quality Level A: QL-A, also known as &amp;quot;locating or potholing&amp;quot;, is the highest level of accuracy presently available and involves the full use of the subsurface utility engineering services. It provides information for the precise plan and profile mapping of underground utilities through the nondestructive exposure of underground utilities, and provides the type, size, condition, material, and other characteristics of underground features.&lt;br /&gt;
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For projects with scopes that have potential for utility conflicts, the minimum level of effort required is SUE Quality Level D. Locations of existing utilities are determined by requesting locates through Missouri 811, also known as the “One-Call” process. Missouri 811 locating requests should be carefully considered for the scope of work of the project. When necessary, the location of existing utilities should be established by a field survey of locate markings and features and shown on the roadway plans. Higher level SUE Quality Levels can be used on any project. Adjustment cost savings, whether to the MoDOT or to the utility owner, are beneficial to the taxpayer. Good SUE projects are typically urban in nature, or in congested areas, where the project footprint is to be minimized, or anytime accurate vertical and horizontal location of the utility facility might allow a design to avoid the utility facility thus preventing the need for the adjustment. The SUE process combines civil engineering, surveying, and geophysics. It utilizes several technologies, including vacuum excavation and surface geophysics.&lt;br /&gt;
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When proposed excavation or installation of subsurface features (drainage, equipment bases, etc.) falls within three feet (3’) of a marked Missouri 811 line, soft digging (hand digging, potholing, vacuum methods, pressurized air/water jetting, pneumatic hand tools, etc.) is required to more exactly locate the utility facility both horizontally and vertically. Utility facilities present within the right of way by permit, should be investigated by the utility owner. Utility facilities that would be reimbursable or partially reimbursable as defined in EP 643.2.8 will be investigated by MoDOT.&lt;br /&gt;
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==643.2.4 Conflict Determination==&lt;br /&gt;
Determination of whether a conflict exists between an existing utility facility and a proposed highway improvement project should occur at the earliest possible stage of project development. A conflict may be the result of the physical interaction between the roadway infrastructure and utility facility, a reduction in cover or increase in fill over underground utilities, a reduction in horizontal clearance whether above or below ground, a reduction in overhead vertical clearance, paving over utilities, or restricting a utility owner’s access to its utility facilities. District utilities staff should work with utilities to determine if a conflict exists and the appropriate plan of adjustment to remedy the conflict. The adjustment to the utility may be a relocation or another measure that protects the utility or access to the utility from the proposed highway improvement project. Determination of a conflict needs to be continually re-evaluated as the project design progresses. Continuing coordination is essential.&lt;br /&gt;
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==643.2.5 Utility Plan of Adjustment==&lt;br /&gt;
===643.2.5.1 Request for Plan of Adjustment===&lt;br /&gt;
District utilities staff will request a plan of adjustment from utility owners whose utility facilities are in conflict with a proposed highway project. The plan of adjustment may consist of efforts to relocate the utility or otherwise protect a utility from the impacts of the proposed highway project. Utilities are shown on the roadway plan and profiles sheets that are furnished to utility owners for use in planning required utility adjustments. Any other sheets such as drainage, traffic signal, lighting, or ITS plans that show impacts to a utility facility should also be provided to the utility owners. All adjustments, reimbursable or not, require a plan of adjustment furnished by the utility owner.&lt;br /&gt;
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A transmittal letter is included in the request for a plan of adjustment. The letter informs the utility owner that regardless of whether an adjustment is reimbursable, no physical adjusting or relocating of their utility facilities to accommodate the proposed highway improvement is to be performed without specific approval and authorization. Additionally, if any part of the adjustment has the potential to be reimbursable, they are advised:&lt;br /&gt;
# They may undertake preliminary engineering by their own forces upon approval by district utilities staff of the estimated costs of preliminary engineering.&lt;br /&gt;
# They may employ a consultant to do the PE work provided they request and obtain prior approval. See [[#643.2.6_Preliminary_Engineering_Requirements|EPG 643.2.6 Preliminary Engineering Requirements]].&lt;br /&gt;
# Any preliminary engineering costs accrued prior to the date of written authorization to proceed will not qualify for reimbursement.&lt;br /&gt;
# Replacement right of way or easements cannot be purchased without specific approval and authorization.&lt;br /&gt;
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===643.2.5.2 Proposed Plan of Adjustment===&lt;br /&gt;
Developing a plan of adjustment is a multi-step process. The utility owner will propose a conceptual approach to adjusting the utility facilities to allow highway construction. This conceptual approach is used as the basis for determining cost responsibility, estimate of costs for preliminary engineering and construction, developing the agreement if necessary, and final design of the adjustment. Negotiations between district utility staff and the utility owner’s representative can result in changes to the design throughout the process.&lt;br /&gt;
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Final plans of adjustment must contain a legend on the first sheet identifying the utility symbols used. They must also show the existing utility facilities and their disposition, the location of the new or adjusted utility facilities, the existing and new right of way lines, the limited or fully controlled access symbols (where applicable), the existing and proposed roadways, ramps, and outer roadways and any other pertinent roadway information. They must contain sufficient details concerning location, elevation, compaction, clean up, etc. to provide for the proper adjustment of the utility facility. Relocated and/or existing utility facilities that will remain in place must be dimensioned or indicated in a manner to show their location in respect to the right of way lines. It is preferred that the utility owner transmits the plan of adjustment by electronic deliverables in a format that can be incorporated into the roadway plans. This will reduce the time and effort necessary as well as increase the accuracy of transferring this information into the roadway plans.&lt;br /&gt;
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Plans of adjustment received from the utility owner are to be checked for compliance with MoDOT’s requirements ([[#643.1_Utilities_Location|EPG 643.1 Utility Location]]) by the district utilities staff. They are also checked to ensure compatibility with the roadway design. Any continuing conflicts are resolved through negotiations with the utility owner.&lt;br /&gt;
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Occasionally, it is impractical to perform a utility adjustment in accordance with MoDOT’s requirements. Sometimes the utility may request approval of a plan of adjustment that does not conform to these requirements. Deviation from MoDOT’s utility requirements is a variance. Refer to [[#643.1.8_Variances|643.1.8 Variance Process]] for additional guidance.&lt;br /&gt;
The final plan of adjustment is included as Exhibit “A” to the agreement ([[#643.2.12_Utility_Agreements|EPG 643.2.12 Agreements]]).&lt;br /&gt;
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==643.2.6 Preliminary Engineering Requirements==&lt;br /&gt;
Preliminary engineering (PE) can be performed one of four ways for utility adjustments:&lt;br /&gt;
# The utility owner can use its own engineering forces.&lt;br /&gt;
# MoDOT can select an engineering consultant, after consultation with the utility owner, and the consultant contract will be administered by MoDOT.&lt;br /&gt;
# The utility owner can select an engineering consultant, with approval by MoDOT, and the consultant contract will be administered by the utility owner.&lt;br /&gt;
# If a utility adjustment is being included in a MoDOT administered construction contract, the preliminary engineering of the adjustment can be provided by MoDOT.&lt;br /&gt;
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For reimbursable utility adjustments, the amount paid to engineers, architects, and others for required engineering and allied services can be included in reimbursement amount provided such amounts are not based on a percentage of the costs of the necessary adjustments to allow highway construction. Reimbursement is available for contracts executed after solicitation of a consultant for the specific adjustment or existing continuing contracts when it is demonstrated that such work is performed regularly for the utility owner in its own work and that the costs are reasonable.&lt;br /&gt;
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A [https://epg.modot.org/forms/general_files/DE/UtilityConsultantContractChecklist.docx checklist is available for reviewing consultant-engineering contracts] to ensure the contract conforms to MoDOT policy and complies with applicable federal regulations. District utilities staff should use the checklist to review contracts and may consult with Audits and Investigations Division as necessary. The procedures in 23 CFR part 172, Administration of Engineering and Design Related Service Contracts may be used as a guide for reviewing proposed consultant contracts. [[:LPA:136.4_Consultant_Selection_and_Consultant_Contract_Management|EPG 136.4 Consultant Selection and Consultant Contract Management]] may also be used as a guide.&lt;br /&gt;
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===643.2.6.1 Solicited Consultant Contracts===&lt;br /&gt;
If solicitation of PE services is required for reimbursable utility adjustments, the utility owner must provide the following documents and information to district utilities staff. These documents need to be provided as soon as the utility owner has chosen to solicit a consultant. Document 1 must be supplied by all utility owners. Documents 2 and 3 are only required when the utility owner is a local government agency who is also a political subdivision of the state of Missouri (e.g., city-owned utilities, county-owned utilities). All other utility owners are encouraged, but not required, to provide Documents 2 and 3:&lt;br /&gt;
# A statement that the utility owner is not staffed or able to perform the required PE services with its own forces.&lt;br /&gt;
# Provide the names of at least three (3) consultants considered.&lt;br /&gt;
# The criteria used to evaluate each consultant and reasons why the selected consultant was selected.&lt;br /&gt;
&lt;br /&gt;
The following documents need to be provided as soon as the utility owner has successfully negotiated and entered into a contract with the consultant:&lt;br /&gt;
# The name and address of the selected consultant.&lt;br /&gt;
# A statement that the &amp;quot;[https://epg.modot.org/forms/general_files/DE/CertificationOfConsultant.docx Certification of Consultant]&amp;quot; will be furnished immediately upon award of the contract to the consultant.&lt;br /&gt;
# One executed copy of the proposed engineering contract or agreement between the utility owner and consultant, only if the engineering will exceed $5,000.00.&lt;br /&gt;
# The consultant&#039;s fixed (lump sum) or estimated fee (actual cost) and the contract maximum.&lt;br /&gt;
# A cost summary providing a detailed breakdown of the basis for the consultant&#039;s compensation, including estimated labor hours, hourly rates for each classification, overhead rate (if used), the amount of profit charged, and any other estimated charges such as travel expenses, equipment rentals, etc. If an overhead rate is used, the consultant must also submit the supporting overhead rate calculations.&lt;br /&gt;
# An independent cost estimate of engineering services provided by the utility owner to use in comparison to the consultant’s proposed engineering services to check for cost reasonableness.&lt;br /&gt;
&lt;br /&gt;
===643.2.6.2 Continuing Consultant Contracts===&lt;br /&gt;
When a utility owner chooses to use an existing continuing contract for PE services, the utility owner must provide the following documents and information to the district utilities staff as soon as possible.&lt;br /&gt;
# A statement that the utility owner is not staffed or able to perform the engineering with its own forces.&lt;br /&gt;
# The name and address of the consultant under the existing continuing contract.&lt;br /&gt;
# A statement that the &amp;quot;[https://epg.modot.org/forms/general_files/DE/CertificationOfConsultant.docx Certification of Consultant]&amp;quot; will be furnished.&lt;br /&gt;
# A copy of the continuing contract to the district utilities staff. The district utilities staff will review the contract for reasonableness of cost.&lt;br /&gt;
# The consultant&#039;s fixed (lump sum) or estimated fee (actual cost) and the contract maximum for the work associated with the utility adjustment.&lt;br /&gt;
# A cost summary providing a detailed breakdown of the basis for the consultant&#039;s compensation, including estimated labor hours, hourly rates for each classification, overhead rate (if used), the amount of profit charged, and any other estimated charges such as travel expenses, telephone, etc. If an overhead rate is used, the consultant must also submit the supporting overhead rate calculations.&lt;br /&gt;
# An independent cost estimate of engineering services provided by the utility owner to use in comparison to the consultant’s proposed engineering services to check for cost reasonableness.&lt;br /&gt;
&lt;br /&gt;
===643.2.6.3 Consultant Contract Changes===&lt;br /&gt;
If a PE services contract between a utility owner and a consultant needs to be revised, a copy of the revised contract, fee, and schedule should be submitted by the utility owner to the district utilities staff prior to allowing for contract changes. District utilities staff should review the contract changes to ensure the revised contract conforms to MoDOT policy and complies with applicable federal regulations.&lt;br /&gt;
&lt;br /&gt;
==643.2.7 Environmental and Right of Way==&lt;br /&gt;
===643.2.7.1 Utilities and Environmental Clearances===&lt;br /&gt;
District utilities staff should coordinate with the TPM and utility owner’s representative to understand and communicate on known environmental and cultural constraints that could impact a utility owner’s plan of adjustment. This will allow the utility owner to consider permitting timelines and alternatives that avoid environmental or cultural resources to keep the project on schedule.&lt;br /&gt;
&lt;br /&gt;
One strategy to make project delivery more efficient and ensure regulatory compliance is for MoDOT to obtain the environmental and cultural resource permits and clearances for the utility owners associated with a roadway improvement while obtaining its own. This would generally only be for the permits and regulatory clearances MoDOT already needs to pursue as a part of the transportation improvement.&lt;br /&gt;
&lt;br /&gt;
District utilities staff should coordinate with the utility owner’s representative early in the project timeline to determine if it is in the best interest of both MoDOT and the utility owner to obtain permits and environmental clearances jointly. The following strategies can be utilized to determine if a joint approach to environmental work should be pursued:&lt;br /&gt;
* If utility facilities are moving to a location within or immediately adjacent to MoDOT right of way, a utility owner may be invited to participate in permitting and environmental compliance activities.&lt;br /&gt;
* If utilities move to a location not within or adjacent to MoDOT right of way, the utility company would not normally be invited to participate in permit applications and environmental compliance activities. However, some unique projects may necessitate further attention and should be discussed with the Design Liaison Engineer.&lt;br /&gt;
&lt;br /&gt;
If MoDOT and the utility owner agree to obtain joint permits and clearances, written communication between the utility owner’s representative and the district utilities staff should document the following items:&lt;br /&gt;
* List of the permits and clearances that MoDOT will acquire on behalf of the utility owner.&lt;br /&gt;
* List of the information needed from the utility owner in order for MoDOT to acquire the permits and clearances.&lt;br /&gt;
* Schedule and deadlines for submittal of the information by the utility owner. For example: utility plans, fill quantities, construction methods, dates, or seasons of construction.&lt;br /&gt;
&lt;br /&gt;
Permits and clearances that may be needed by both a utility owner and MoDOT include:&lt;br /&gt;
* [[127.7_Threatened_and_Endangered_Species|Endangered Species Act consultation and clearance]]&lt;br /&gt;
* [[127.2_Historic_Preservation_and_Cultural_Resources#127.2.1.1_Historic_Preservation_Regulations_and_Laws|Section 106 of the National Historic Preservation Act clearance]]&lt;br /&gt;
* [[127.10_Section_4(f)_Public_Lands|Section 4(f) clearance]]&lt;br /&gt;
* [[127.10_Section_4(f)_Public_Lands#127.10.1.4_Section_6(f)_Laws_and_Regulations|Section 6(f) of the Land and Water Conservation Fund Act clearance]]&lt;br /&gt;
* [[127.4_Wetlands_and_Streams|Section 401 and Section 404 of the Clean Water Act permits]]&lt;br /&gt;
* [[:Category:806_Pollution,_Erosion_and_Sediment_Control#806.1_Introduction_(see_Sec._806)|Section 402 of the Clean Water Act permit (State Operating Permit for Erosion Control)]]&lt;br /&gt;
* [[127.8_Hazardous_and_Solid_Waste|Recommendations on contaminated soil disposition]]&lt;br /&gt;
&lt;br /&gt;
===643.2.7.2 Right of Way Acquisition and Utilities===&lt;br /&gt;
The Commission is obligated to acquire the width of right of way required by the design of the highway improvement. For utility facilities currently located within the Commission’s right of way, this includes the necessary space for the utility facilities impacted by the design of the highway improvement. Either additional right of way width to accommodate a utility corridor or a utility easement can be obtained for the relocation of utility facilities. When drainage easements are acquired along a channel, additional space for utility facilities should be considered to avoid conflicts between the utility facility and the bridge or culvert.&lt;br /&gt;
&lt;br /&gt;
District utilities staff should inform the utility owner’s representative of the potential of a conflict between an existing utility facility and a proposed highway construction project early in the project development process to allow sufficient time for the utility owner to prepare a plan of adjustment and notify the district utilities staff of any easement needs. When utility facilities are located on a utility owner’s private easement, the utility owner may obtain its own new easements. If the utility owner is not in a position to negotiate for new easements or if the utility owner’s policies will not permit it to condemn property to obtain the easement, MoDOT can acquire the easement in the same manner roadway right of way is obtained. The district utilities staff should verify the utility owner is aware of the opportunity to have MoDOT acquire the easement, and the utility owner should provide written documentation on whether the utility owner would like to pursue this option with MoDOT.&lt;br /&gt;
&lt;br /&gt;
For situations where the utility owner will obtain its own replacement right of way and the cost of the adjustment is MoDOT’s responsibility, the utility right of way cost should be reviewed by the district right of way department to ensure the cost is reasonable and acquisition followed state and federal regulations. In order to expedite utility adjustments necessary to allow highway construction, the district utility staff may authorize the utility owner to obtain easements prior to all details of a plan of adjustment being developed. In this situation, the district utilities staff should ensure enough details are known to justify the needed right of way, and an agreement for right of way costs only should be executed with the utility owner.&lt;br /&gt;
&lt;br /&gt;
For situations where MoDOT will obtain the right of way necessary to allow highway construction, district utility staff should negotiate with the utility owner’s representative to ensure all necessary utility easements are shown on the approved right of way plans. The TPM should confirm with district utilities staff that the right of way plans accurately reflect the needs of the utility owners prior to requesting right of way plan approval. The district Right of Way Manager should confirm with district utilities staff before requesting an acquisition date (A-date). Every effort should be made to avoid adding utility easement requests once negotiations with property owners have begun.&lt;br /&gt;
&lt;br /&gt;
Occasionally, when negotiations cannot be completed for easements for the adjustment of utility facilities, it may be necessary to condemn for the property. District utilities staff should coordinate with the utility owner’s representative to ensure no alternate design for the adjustment of the utility facility is practical. The decision to condemn for easements for the adjustment of the utility facilities requires the exercise of good judgment in reaching the conclusion that further good faith negotiations are futile and condemnation is necessary to maintain the project in the scheduled letting. The TPM should coordinate with the district utilities staff and district Right of Way (RW) personnel on the condemnation proceedings.&lt;br /&gt;
&lt;br /&gt;
Easement and other right of way documents used with utility owners are handled in accordance with procedures established jointly with RW and district utilities staff. District survey staff prepare the land descriptions for use in utility easements. The district utilities staff is responsible for completion of the easements in the correct form and scope. A sketch delineating the area described is attached to the easement as Exhibit “A”. Communication with the Design Division will ensure use of proper forms, corporate names and locations, and particular wording required for joint ownerships. The description for a utility easement is to be referenced to the nearest land corner shown on the plans. Examples of easements can be found in the template list in [https://netprod3.dot.missouri/eAgreements/Search/QuickSearch eAgreements].&lt;br /&gt;
&lt;br /&gt;
In situations where MoDOT is acquiring right of way with existing utility easements, but the district utilities staff and the utility owner’s representative agree that the utility facility may remain in place, the utility owner will release the property to the Commission separate from the right of way acquisition. This is done by executing an Easement for Highway Construction (UT16). The utility owner grants and conveys, with warranty of title expressed or implied, to the Commission, the right to construct, reconstruct, and maintain a highway over and across that portion of the easement owned and held by the utility owner. In the future, the utility owner retains any reimbursable rights should future projects require adjustments to allow highway construction.&lt;br /&gt;
&lt;br /&gt;
==643.2.8 Cost Responsibility==&lt;br /&gt;
In addition to determining if a conflict exists between an existing utility facility and a highway improvement project, it is important to determine who is responsible for the costs of the necessary adjustments to allow highway construction. An adjustment for which the Commission is responsible for the costs is known as a reimbursable adjustment. An adjustment for which the Commission is not responsible for the costs is known as a non-reimbursable adjustment. An adjustment for which the Commission and the utility share responsibility for costs is known as a partially reimbursable adjustment. Adjustments determined to be reimbursable or partially reimbursable by the Commission are to be completed under the terms of an agreement executed between the utility owner and the Commission.&lt;br /&gt;
&lt;br /&gt;
===643.2.8.1 Commission Responsibility===&lt;br /&gt;
====643.2.8.1.1 Utility Facilities Located on Private Easements====&lt;br /&gt;
When the utility facility is located on a private easement within the new right of way to be acquired for a future project, the Commission is responsible for the cost of the necessary adjustments to allow highway construction. It may be possible that such easement does not have written easement rights. The Commission will honor this oral right provided acceptable documentation is provided by the utility owner to the district utilities staff. An [https://epg.modot.org/forms/general_files/DE/NonwrittenEasementRights_Example.docx example of acceptable documentation for not written easement rights] is available. Other forms of documentation will be considered on an individual basis.&lt;br /&gt;
&lt;br /&gt;
=====643.2.8.1.1.1 Future Moves=====&lt;br /&gt;
When the utility facility is located on a private easement, taken into the Commission’s right of way, the Commission may agree that any future moves of the same utility by Commission order may be made at the Commission’s cost. Documentation of this agreement is by an Easement for Highway Construction (UT16) agreement. If the Commission provides a substitute private easement, then the Commission will have future obligations consistent with the utility facility’s status in an easement.&lt;br /&gt;
&lt;br /&gt;
====643.2.8.1.2 Utility Facilities Located within Commission Right of Way====&lt;br /&gt;
When the utility facility is located within Commission right of way, but has prior land rights, the Commission is responsible for the cost of adjustments to allow highway construction. The utility owner is responsible for documenting to the satisfaction of the district utilities staff, the basis for the claim of prior land rights within Commission right of way. Time spent researching prior rights is considered coordination and is reimbursable.&lt;br /&gt;
&lt;br /&gt;
====643.2.8.1.3 City or County Utility Facilities on City or County Streets====&lt;br /&gt;
When roadway improvements are within the corporate limits of cities, towns, and villages, a municipal agreement is negotiated between the Commission and the municipality. Likewise, when roadway improvements are within the limits of a county and outside the municipal limits, a county agreement is negotiated between the Commission and the County Commission. Included in these agreements are provisions regarding reimbursement for adjusting city or county owned utility facilities. Reimbursement is provided for adjustment of city or county owned utility facilities that are now located on city or county streets and not on Commission right of way.&lt;br /&gt;
&lt;br /&gt;
====643.2.8.1.4 Lumen====&lt;br /&gt;
Lumen – National (formerly CenturyLink, Lightcore, or Digital Telephone, Inc. (DTI)) and the Commission have entered into a partnership agreement, “Amended and Restated Fiber Optic Cable on Freeways in Missouri,” executed June 5, 2003 which obligates the Commission to be responsible for the cost of the necessary adjustments to allow highway construction along the routes identified in the agreement. A copy of the agreement is available to district utilities staff.&lt;br /&gt;
&lt;br /&gt;
====643.2.8.1.5 Services to the Commission====&lt;br /&gt;
When a utility facility provides a service connection to local Commission facilities such as power to traffic signals, lighting, ITS, and cathodic protection and phone drops to traffic signal controllers or other Commission facilities, the Commission is responsible for the cost of the necessary adjustments to allow highway construction.&lt;br /&gt;
&lt;br /&gt;
====643.2.8.1.6 Private Service Lines====&lt;br /&gt;
While most utility owners reconnect the private service lines at no cost to the property owner, some do not. If a utility owner does not reconnect service lines, MoDOT can include adjustment of private service lines in roadway contracts. Bid items for relocating service connections are provided for the different types of anticipated adjustments.&lt;br /&gt;
&lt;br /&gt;
====643.2.8.1.7 Second Moves====&lt;br /&gt;
If the Commission requires additional work to a utility facility after the facility has been relocated or adjusted in accordance with a plan of adjustment approved by the Commission for a single project number, the Commission is responsible for the cost of the additional work regardless of whether the initial adjustment was Commission responsibility as outlined in other parts of [[#643.2.8.1_Commission_Responsibility|643.2.8.1]].&lt;br /&gt;
&lt;br /&gt;
The purpose of the policy is to encourage utilities to relocate early rather than waiting until plans are published for bidding. The policy eliminates the utility having to relocate twice at its own expense because of late changes in the design. It is best to have utilities relocated prior to construction, and this policy helps achieve that goal. Therefore, it is imperative that the designer notifies district utilities staff as soon as possible of any changes made after these plans have been sent. If notified immediately, it may be possible to inform the utility owner prior to their final design thereby eliminating a second move.&lt;br /&gt;
&lt;br /&gt;
Under this policy, the following are not considered second moves. Temporary and staged relocations necessary to accommodate construction and agreed upon by the utility and the Commission prior to relocation are considered a single move and are not subject to the provisions of the second move policy. If the Commission requires adjustment of a utility facility for which the utility owner is responsible for the cost of the adjustment and was originally determined to not need adjustment, the utility owner is responsible for the cost of the adjustment. The utility owner is responsible for the cost of additional work to any portion of the utility facility after the utility facility has been adjusted in accordance with a plan of adjustment approved by the Commission if the additional work is required by the Commission due to error by the utility owner in preparation of plan of adjustment, field location of, or construction of the adjustment of the utility facility.&lt;br /&gt;
&lt;br /&gt;
When evaluating construction contract changes by change order or value engineering, the impacts of the second move policy should be considered.&lt;br /&gt;
&lt;br /&gt;
===643.2.8.2 Utility Owner Responsibility===&lt;br /&gt;
====643.2.8.2.1 Utility Facilities Owned and Operated by a Political Subdivision====&lt;br /&gt;
When a utility facility is located within Commission right of way, but does not have prior land rights, the utility owner is responsible for the cost of the necessary adjustments to allow highway construction. When a utility facility is located on public right of way other than Commission right of way, the utility owner is responsible for the cost of the necessary adjustments to allow highway construction.&lt;br /&gt;
&lt;br /&gt;
When a political subdivision must bear part or all the cost of adjustments to their utility facilities, and the cost creates a financial hardship, the Commission, by its authorized representative, the Chief Engineer, may temporarily assume these costs. A payback agreement with the political subdivision will include an applicable interest rate for a comparable maturity from a widely published index of tax-exempt municipal rates obtained from Financial Services. Payback time will not exceed five (5) years.&lt;br /&gt;
&lt;br /&gt;
====643.2.8.2.2 Utility Facilities Other Than Those Owned by a Political Subdivision====&lt;br /&gt;
When a utility facility is on the right of way of a public road or street or on state highway right of way without prior land rights and adjustment is necessary to allow for the construction of a roadway improvement, the utility owner is responsible for the cost of the necessary adjustments to allow highway construction.&lt;br /&gt;
&lt;br /&gt;
===643.2.8.3 Shared Responsibility===&lt;br /&gt;
When a utility facility is located such that portions of it are a Commission responsibility and portions of it are a utility owner responsibility by the definitions above, the costs of the necessary adjustments to allow highway construction will be split by the Commission and the utility owner. If the exact cost for each party can be determined, each party will be responsible for their portion of the cost of relocating the utility facility. If the exact cost for each party cannot be determined, the parties will arrive at a percentage reimbursement on an equitable basis.&lt;br /&gt;
&lt;br /&gt;
===643.2.8.4 Notice of Hearing===&lt;br /&gt;
When relocation or other difficulties with utility facilities on public right of way arise that prevent resolution by negotiation, formal hearings will be required.&lt;br /&gt;
&lt;br /&gt;
The district initiates a request for a utility relocation hearing with a letter to the Chief Counsel’s Office (CCO) (a copy is provided to the Design Division) requesting a hearing date. CCO will arrange for a hearing room, court reporter, etc. and advise the district of the hearing date.&lt;br /&gt;
&lt;br /&gt;
The district will prepare the notice of hearing by strictly following the given format and serve the notice on all persons and utility owners listed. The property and utility owner must be served only by personal service or by mailing a certified letter, return receipt requested, no later than 15 days before the date of hearing. This will require the district to make every effort to identify the correct property owner before preparing the notice of hearing. To avoid delays, every attempt will be made to issue the hearing notice at least 30 days prior to the hearing date in case any property has changed ownership and any additional property owners must be served. A notice of hearing on service line connections will also be served on the private or public owner of the main or distribution line to which the service lines are connected. A notarized &amp;quot;[https://epg.modot.org/forms/general_files/DE/ReportOnPersonalService.docx Report of Personal Service]&amp;quot; will be completed when notification by certified mail is not used.&lt;br /&gt;
&lt;br /&gt;
One copy of the hearing notice and attachments, &amp;quot;[https://epg.modot.org/forms/general_files/DE/ReportOnPersonalService.docx Report of Personal Service]&amp;quot; and certified mail notices are to be submitted to CCO after notification is complete.&lt;br /&gt;
&lt;br /&gt;
Prior to the hearing, the district&#039;s representative will become familiar with the details of the utility adjustment in order to provide concise testimony to expedite the hearing process. CCO will assign an attorney to work with the district and present the case.&lt;br /&gt;
&lt;br /&gt;
Refer to 7 CSR 10-3.030 020 Utility Relocation Hearings for additional information.&lt;br /&gt;
&lt;br /&gt;
A Waiver of Hearing should be obtained for non-reimbursable adjustments to document the commitment of the utility owner to adjust its utility facilities without adversely impacting the highway construction project. This may be accomplished informally via written communications between the district utilities staff and the utility owner’s representative. A [https://epg.modot.org/forms/general_files/DE/WaiverOfHearingForm.docx formal Waiver of Hearing statement] may be requested by either MoDOT or the utility owner. A [https://epg.modot.org/forms/general_files/DE/WaiverOfHearingLetter.docx sample transmittal letter for the Waiver of Hearing] is available. For reimbursable or partially reimbursable adjustments, the formal agreement serves as the basis of documentation of this commitment.&lt;br /&gt;
&lt;br /&gt;
==643.2.9 Estimates==&lt;br /&gt;
District utilities staff will negotiate with utility owners to determine reimbursable costs of the necessary adjustments to allow highway construction ([[#643.2.8_Cost_Responsibility|EPG 643.2.8 Cost Responsibility]]). These estimates are prepared in accordance with the provisions of 23 CFR 645 and any amendment thereto. These estimates must reflect the same procedures and costs used by the utility owners in their normal operations and must also accurately represent the expected costs of the work. The utility owner’s estimate will be reviewed by the district utilities staff to ensure compliance with 23 CFR 645.&lt;br /&gt;
&lt;br /&gt;
===643.2.9.1 Independent Cost Estimate===&lt;br /&gt;
The independent cost estimate provides the basis for district utilities staff to review the utility owner’s estimate of costs of the necessary utility adjustments to allow highway construction and any subsequent negotiations with the utility owner. The district utilities staff should prepare an independent cost estimate. The independent cost estimate may be based on unit prices of anticipated items of work in a utility adjustment necessary to allow highway construction. The independent cost estimate alternately may be based on recent similar types of utility adjustments necessary to allow highway construction and scaled for size. Consultants can be used to develop the independent cost estimate. All documentation of the independent cost estimate should be placed in MoProjects.&lt;br /&gt;
&lt;br /&gt;
===643.2.9.2 Type of Project Cost Estimates===&lt;br /&gt;
Either Actual Cost or Lump Sum estimates may be used for estimating the costs on the necessary utility adjustments to allow highway construction. If an Actual Cost estimate is used, detailed records of materials, labor, and equipment are made by district utilities and/or construction staff during construction, and a final audit of the utility owner’s cost records is made to determine the Commission’s actual responsibility for costs of the adjustment completed to allow highway construction. If a Lump Sum estimate is used, a final audit of costs for an adjustment in payment is not required. The Actual Cost method requires more detailed record keeping and documentation by the utility owner and district staff during construction. The Lump Sum method requires more upfront detail and work by the utility owner and judgment on the district utilities staff on the acceptability of the cost. The district utilities staff will work with the utility owner’s representative to determine the best type of estimate and therefore agreement to use.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.2.1 Actual Cost Estimate====&lt;br /&gt;
The cost estimate that supports the actual cost agreement is prepared in sufficient detail to determine the reasonable expected cost of the work to support development of an agreement between the utility owner and the Commission. However, reimbursement is based on the actual costs of design and construction of the necessary adjustment to allow highway construction. The [https://epg.modot.org/forms/general_files/DE/ActualCostCostEstimate_Example.docx actual cost estimate] should detail all costs of the necessary adjustment to allow highway construction, even if the Commission is only responsible for a portion of the costs as detailed in EPG [[#643.2.8.3_Shared_Responsibility|643.2.8.3 Shared Responsibility]].&lt;br /&gt;
&lt;br /&gt;
[https://epg.modot.org/forms/general_files/DE/ActualCostCostEstimate_Example.docx Actual cost estimates] can be used for any dollar amount of reimbursement.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.2.2 Lump Sum Estimates====&lt;br /&gt;
The cost estimate that supports the lump sum agreement must be accurate, comprehensive, verifiable, and in sufficient detail to present a clear picture of the work involved and the cost of the individual items. The estimate may cover only that portion of the adjustment for which the Commission is responsible for the costs of the necessary utility adjustments to allow highway construction.&lt;br /&gt;
[https://epg.modot.org/forms/general_files/DE/LumpSumCostEstimate_Example.docx Lump sum estimates] are limited to a maximum of $200,000 of Commission responsibility of costs of the necessary utility adjustments to allow highway construction; however, exceptions may be made for special situations that have prior approval from Design Division. These exceptions usually cover major relocations for which the Commission&#039;s proportionate responsibility is extremely small.&lt;br /&gt;
&lt;br /&gt;
===643.2.9.3 Utility Cost Estimate Requirements===&lt;br /&gt;
Whether using an Actual Cost or Lump Sum estimate, the following should be included in the estimate, if applicable. If any of the following sections are not included in the estimate, a qualifying statement as to why the costs were not included should be provided.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.1 Scope of Work====&lt;br /&gt;
All estimates require a concise summary of the work to be performed on the estimate. An example is &amp;quot;an estimate of cost covering the work of relocating Company&#039;s 12-inch Cushing-Woodriver pipeline to accommodate construction of Route 47 in Franklin County on Job No. J6P0172&amp;quot;.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.2 Engineering Costs====&lt;br /&gt;
Costs of engineering, whether preliminary or construction, must be shown as separate items and are not to be included with &amp;quot;labor costs&amp;quot;. Concurrent cost accounting procedures of FHWA and MoDOT make this a necessity. See [[#643.2.6_Preliminary_Engineering_Requirements|EPG 643.2.6 Preliminary Engineering]] and [[#643.2.16.2_Construction_Contract_Requirements|EPG 643.2.16.2 Construction Contract Requirements]] for further information.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.3 Right of Way Costs====&lt;br /&gt;
A detailed estimate of the cost to acquire replacement easements by the utility owner is required. The cost should be supported by a right of way plan.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.4 Material Costs====&lt;br /&gt;
Quantities, description of the item, the unit cost, and the extended totals are shown. Percentage computations will be shown immediately following &amp;quot;total cost&amp;quot; so the utility owner’s and Commission&#039;s cost obligations are properly indicated. Unit assembly costs similar to those used by several of the rural electric association (R.E.A.) cooperatives are acceptable, provided the same units and charges are used in the utility owner’s regular operations. A handling charge conforming with the utility owner’s regular procedures may also be included.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.5 Labor Costs====&lt;br /&gt;
Hours, individual or crew rates, and extended totals are shown. Payroll additives such as insurance, retirement, social security, vacation, and other benefits are shown as a separate item under this heading in accordance with utility owner’s regular procedures. Adequate explanation must be given for total percentage used, especially in those cases where materials and labor are combined as unit costs or where labor percentages include additives and equipment requirements.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.6 Equipment Costs====&lt;br /&gt;
A description of the equipment to be used must be shown jointly with the number of hours to be charged. Rates charged for equipment usage must be justified by the utility owner’s established accounting procedures. When the utility owner does not have an established accounting procedure or a capitalization and depreciation schedule that is used in its own operations, the rates are to be established by using rental rate publications as a guide. A reasonable amount will be deducted, when using rental rate schedules, for profit that the rental company realizes. A full explanation of the methods used in establishing the rates must also be submitted to support the utility owner’s request and with approval of the district utilities staff.&lt;br /&gt;
&lt;br /&gt;
Equipment may be rented when the utility owner’s equipment is not available or is inadequate, with the rental rate justified by appropriate solicitation of bids. See [[#643.2.16.2_Construction_Contract_Requirements|EPG 643.16.2 Construction Contract Requirements]] for further information.&lt;br /&gt;
&lt;br /&gt;
Unusual accounting procedures may be accepted with adequate prior explanations and approval of the Design Division.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.7 Removal Costs====&lt;br /&gt;
These costs are estimated and shown in a similar method but separately from installation costs. When removal costs exceed salvage credits by more than the estimated cost of removal by the roadway contractor, an effort should be made to persuade the utility owner to abandon the utility facilities in place. An exception is made when the utility owner is required to remove abandoned utility facilities because of liability, hazard, or by specific agreement with the Commission. Abandoned utility facilities can be included with the miscellaneous removals in the roadway contract. It may be possible for the utility owner to remove those portions of the utility facility for which credits will exceed removal costs, with the remainder of the utility facility to be abandoned for removal in the roadway contract. Materials removed must be itemized, with the utility owner’s customary salvage credit given. Items to be scrapped or junked should be indicated. Whenever a utility facility or portion thereof is shown to be abandoned on the plan of adjustment, the roadway plans should be notated accordingly. This eliminates ownership problems if these utility facilities are removed or salvaged by the roadway contractor.&lt;br /&gt;
&lt;br /&gt;
When the utility facility is no longer needed and removal is necessary to accommodate the roadway project, the removal of the item may be handled either as a right-of way-item or a utility adjustment. When handled as a right of way item, the damages allowed are to equal the depreciated value of the utility facility, with the necessary removals being accomplished by the roadway contractor. If accomplished as a utility adjustment, the Commission, by utility agreement, will reimburse the utility owner for removal costs and receive salvage credit for the material removed, up to but not exceeding removal costs.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.8 Salvage of Removed Materials====&lt;br /&gt;
This statement, to explain the salvage credit or lack of credit, will reflect routine utility owner policy as well as the particular situation. The utility owner will place a value on any recovered material for salvage. District utilities staff should check this value for reasonableness. Examples of salvage statements include:&lt;br /&gt;
* Existing utility facilities to be abandoned in place, since the cost of salvaging, based on our past experience, will exceed their value.&lt;br /&gt;
* Only those items will be salvaged for which salvage credit will exceed the cost of removal and salvage.&lt;br /&gt;
* Company liability requires removal of the retired utility facilities, even though the cost of removal will exceed allowable credit for salvage.&lt;br /&gt;
* Salvage credits are in accordance with established company accounting procedures.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.9 Accrued Depreciation Credits====&lt;br /&gt;
Credit is required for the accrued depreciation of a utility facility that is being replaced. Examples are a building, structure, pumping station, filtration plant, power plant, substation, or other similar operational unit. Credit for accrued depreciation will not be required for a segment of the utility&#039;s service, distribution, or transmission lines. It is also not required when the building or structure is being moved as necessitated by the highway project. Acceptable accrued depreciation credit will be determined by using the following formula:&lt;br /&gt;
:&amp;lt;math&amp;gt;\frac{Actual \; Length \; of \; Service \; of \; Replaced \; Facility \; (Years)}{Total \; Estimated \;  Service \; Life \; of \; Replaced \; Facility \; (Years)} \times Original \; Cost \; (\$) = Credit&amp;lt;/math&amp;gt;&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.10 Betterment Credits====&lt;br /&gt;
Betterment means the upgrading of the utility facility being relocated, made solely for the benefit of and at the election of the utility owner and is not attributable to the roadway improvement. Credit to the Commission is required for the additional costs incurred for the betterments introduced in the adjusted utility facility. No betterment credit is required for additions or improvements which are:&lt;br /&gt;
* Required by the highway project&lt;br /&gt;
* Replacement devices or materials that are of equivalent standards although not identical&lt;br /&gt;
* Replacement of devices or materials no longer regularly manufactured with next highest grade or size&lt;br /&gt;
* Required by law under governmental and appropriate regulatory commission code&lt;br /&gt;
* Required by current design practices regularly followed by the utility owner in its own work, and there is a direct benefit to the highway project&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.11 Overhead Costs====&lt;br /&gt;
Overhead costs are usually a percentage of the total labor cost. This item must be in accordance with the utility owner’s established accounting procedures, which in some cases may include handling costs or be a percentage of the total cost of the work involved. Additional attention to overhead costs is required when the rate is different from previously accepted rates. Occasionally, it can be difficult to obtain the necessary information at the time of the estimate to approve the overhead rates. In this situation, the estimate can be approved with exception of the overhead rates for payment. The utility owner is informed of this matter with the understanding that the overhead rates could be approved and paid with submission of appropriate supporting data and Financial Services audit review.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.12 Prorating Costs====&lt;br /&gt;
The need for prorating utility adjustment costs occurs when both the Commission and the utility owner are responsible for a portion of the utility adjustment necessary to allow for highway construction, and the actual costs for reimbursement in each category cannot be explicitly determined. Generally, the following conditions require division of costs:&lt;br /&gt;
* The adjustment is considered partially reimbursable per [[#643.2.8.3_Shared_Responsibility|EPG 643.2.8.3 Shared Responsibility]]&lt;br /&gt;
* Betterments are included in the necessary adjustment of the utility facility&lt;br /&gt;
&lt;br /&gt;
The district utilities staff should negotiate with the utility owner’s representative to determine an equitable basis for the prorating of costs based on the characteristics of the utility adjustment necessary to allow for highway construction.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.13 Costs Records====&lt;br /&gt;
The estimate should include a statement as to where the utility owner’s cost records may be reviewed. An example: &amp;quot;Company cost records will be available in our office at 2134 Industrial Avenue, Tulsa, Oklahoma&amp;quot;.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.14 Other====&lt;br /&gt;
Additional statements will explain or further clarify the work that is included. Such other items may include bypasses, special equipment, need for larger utility facilities, etc.&lt;br /&gt;
&lt;br /&gt;
==643.2.10 Schedule==&lt;br /&gt;
Timely adjustments of utility facilities are essential for efficient completion of highway construction projects. Ideally, all utility adjustments are completed prior to a project’s Plans, Specifications, and Estimate (PS&amp;amp;E) submittal to Central Office. Depending on the specifics of the highway construction and utility adjustment necessary, early completion of the utility adjustment may not be practical. The district utilities staff should negotiate with the utility owner to determine the schedule parameters necessary for the utility adjustment. At a minimum, the utility owner should document the dates it anticipates starting and completing the work. If a utility adjustment depends upon the completion of a portion of the highway construction, the necessary milestone for starting the utility adjustment should be documented along with an anticipated number of working days to complete the utility adjustment. The schedule is included as Exhibit “C” to the agreement.&lt;br /&gt;
&lt;br /&gt;
==643.2.11 Pre-Audits==&lt;br /&gt;
The district utility staff performs a pre-audit review and approval prior to preparation of the agreement. A [https://epg.modot.org/forms/general_files/DE/PreAuditChecklist.docx pre-audit checklist] should be completed and saved in MoProjects.&lt;br /&gt;
&lt;br /&gt;
==643.2.12 Utility Agreements==&lt;br /&gt;
Whenever the Commission is responsible for the cost of the necessary adjustments to allow highway construction, an agreement is required. If a Master Reimbursable Utility Agreement (see [[#643.2.12.2_Master_Reimbursable_Utility_Agreements|EPG 643.2.12.2]]) has not been executed with the utility owner, a Project Specific Agreement (see [[#643.2.12.3_Project_Specific_Agreements|EPG 643.2.12.3]]) is executed between the utility owner and the Commission. In some cases, it may be more practical for the Commission to include adjustment of utilities into a Commission administered contract. A Utility Agreement - Actual Cost (For Utility Work That is to be Included in the Missouri Highways and Transportation Commission&#039;s Road Project) (see [[#643.2.12.4_Agreement_for_Utility_Work_Included_in_Roadway_Improvement_Project|EPG 643.2.12.4]]). Agreements include a plan of adjustment (Exhibit “A”), cost estimate (Exhibit “B”), and schedule (Exhibit “C”).&lt;br /&gt;
&lt;br /&gt;
The Utility Agreement boilerplate forms have been approved by the Chief Counsel’s Office (CCO). They are identified in the upper left-hand corner of each agreement by an identifier such as CCO Form: UT01 for the Master Reimbursable Utility Agreement. CCO updates these agreements as necessary. They serve as a guide in the preparation of the agreement to be executed with the utility owner for the adjustments required to their utility facilities to accommodate the proposed roadway improvement project. District utilities staff should use the latest version of the agreement found in [https://netprod3.dot.missouri/eAgreements/Search/QuickSearch eAgreements] in drafting an agreement with utility owners. A list of utility agreements and detailed information concerning the sequence for preparing and executing an agreement is available in  [[:Category:153_Agreements_and_Contracts|EPG 153 Agreements and Contracts]].&lt;br /&gt;
&lt;br /&gt;
These forms are to be used word for word. Revisions or additions are only made to address specific project details. The intent of each paragraph must be retained, although specific words may be revised to fit the particular situation. No paragraphs are deleted without prior approval from CCO. For guidance on acceptance of liability, refer to the [[:Category:153_Agreements_and_Contracts#153.1.1.2_Acceptance_of_Liability_Policy_(MoDOT_Access_Only)|Acceptance of Liability Policy]] at the CCO SharePoint page. Drafts of agreements having major revisions or complications are to be submitted, with supporting data, to Design Division for comment and approval.&lt;br /&gt;
&lt;br /&gt;
A reference to 23 CFR 645 is included in all agreements. Utility owners must be acquainted with these requirements and procedures. The incorporation of 23 CFR 645 by reference in all agreements eliminates the need for a second set of regulations to be included in the document.&lt;br /&gt;
&lt;br /&gt;
The agreement for the adjustment of a utility is prepared by the district utilities staff and submitted to the utility owner for execution. The agreement is based on the plan, estimate of cost which was prepared in accordance with 23 CFR 645, and schedule. Authorized individuals representing the utility owner will execute the agreement. The agreement must be signed, sealed, and if necessary, notarized by the utility owner. If the utility owner does not have or use a corporate seal, write &amp;quot;NO SEAL&amp;quot; under the signatures of the owner’s officers. Agreements with political subdivisions are to be supported by an appropriate ordinance, a copy of which is to be submitted with the executed agreements. All copies will be forwarded to the CCO for further handling. A fully executed copy of the agreement will be retained in eAgreements. If the agreement was executed using electronic signatures, the district utilities staff should forward an electronic copy of the fully executed agreement to the utility owner. If the agreement was executed using wet signatures, one (1) paper copy of the fully executed agreement will be returned by the Commission Secretary’s Office to the district utilities staff. The district utilities staff will forward this copy to the utility owner.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.1 Buy America Build America Requirements===&lt;br /&gt;
All agreements contain information on Buy America Build America (BABA) compliance. The utility owner should select the method of certification (See [[#643.2.19_Buy_America_Build_America_for_Utilities|EPG 643.2.19]]) at the time of agreement completion. The appropriate paragraph will be inserted into the agreement. All BABA compliance documents must be retained by the utility owner and made available upon request at no cost to the Commission and/or FHWA.&lt;br /&gt;
&lt;br /&gt;
====643.2.12.1.1 Utility Owner Self-Certification====&lt;br /&gt;
The City/Company certifies that when determining products/materials subject to Buy America Build America requirements to use in the performance of this Agreement, it shall use only such products/materials for which it has received a certification from its supplier, or provider of construction services that procures the product/material, certifying compliance with Buy America Build America requirements. This does not include products/materials for which waivers have been granted pursuant to 23 CFR 635.410. The City/Company will not be required to provide the Commission copies of the supplier certification as part of this Agreement or with the final invoice of said Commission’s Federal-Aid Highway Construction Project.&lt;br /&gt;
&lt;br /&gt;
====643.2.12.1.2 Vendor/Manufacturer Certification====&lt;br /&gt;
The City/Company certifies that when determining products/materials subject to Buy America Build America requirements to use in the performance of this Agreement, it shall use only such products/materials for which it has received a certification from its supplier, or provider of construction services that procures the product/material, certifying compliance with Buy America Build America requirements. This does not include products/materials for which waivers have been granted pursuant to 23 CFR 635.410. The City/Company shall provide to the Commission all Buy America compliance documents as outlined in the Commission’s Engineering Policy Guide 643. All required compliance documents shall accompany the final invoice submitted to the Commission.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.2 Master Reimbursable Utility Agreements===&lt;br /&gt;
The UT01: Master Reimbursable Utility Agreement (MRUA) is a statewide agreement that has been executed by the utility owner and the Commission for all future reimbursable utility adjustments between both parties. Once a MRUA is executed, no other utility agreements are required on design-bid-build projects. The district utilities staff should encourage utility owners to enter into a MRUA with the Commission to reduce potential future delays in executing a project specific agreement. A list of previously executed [https://modotgov.sharepoint.com/sites/DE/Utilities/Agreements/MRUA%20-%20Existing?csf=1&amp;amp;web=1&amp;amp;e=4LJHoa Master Reimbursable Utility Agreements (Modot Access Only)] is available. District utilities staff should add newly executed agreements to this list. The MRUA can be employed as either an actual cost ([[#643.2.12.3.1_Actual_Cost_Agreements|EPG 643.2.12.3.1]]) or lump sum ([[#643.2.12.3.2_Lump_Sum_Agreements|EPG 643.2.12.3.2]]) agreement. When the reimbursable adjustment will utilize a MRUA, the district utilities staff will prepare a MRUA correspondence letter (“letter agreement”) referencing the executed MRUA. A copy of the MRUA correspondence letter should be saved in MoProjects for reference by Financial Services, the district construction office, and the district staff responsible for inspection of utility adjustments. All project specific items such as type of agreement (actual cost or lump sum), plan of adjustment, estimated total cost, cost allocation, and schedule are addressed in the MRUA correspondence letter from the district utilities staff to the utility owner. A [https://epg.modot.org/forms/general_files/DE/flowchart.pdf flowchart of the MRUA process] is available.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.3 Project Specific Agreements===&lt;br /&gt;
If a utility owner does not have a MRUA with the Commission, a project specific agreement will be required for every project for which the Commission is responsible for the necessary adjustments to allow highway construction. The project specific agreement will be either an actual cost ([[#643.2.12.3.1_Actual_Cost_Agreements|EPG 643.2.12.3.1]]) or lump sum ([[#643.2.12.3.2_Lump_Sum_Agreements|EPG 643.2.12.3.2]]) agreement.&lt;br /&gt;
&lt;br /&gt;
====643.2.12.3.1 Actual Cost Agreements====&lt;br /&gt;
The UT03: Utility Agreement – Actual Cost is used when detailed estimates are not practical or costs appear to be questionable. Details on actual cost estimates can be found at [[#643.2.9.2.1_Actual_Cost_Estimate|EPG 643.2.9.2.1 Actual Cost Estimates]]. Once the final invoice on a UT03 is submitted to Financial Services, district utilities staff should change the status on the agreement in eAgreements to completed.&lt;br /&gt;
&lt;br /&gt;
====643.2.12.3.2 Lump Sum Agreements====&lt;br /&gt;
The UT02: Utility Agreement – Lump Sum eliminates the need for keeping detailed records of cost and the auditing of cost records. Estimates of cost must be prepared in detail for use of this agreement. When detailed estimates are not practical or costs appear unreasonable, actual cost agreements are to be used. Use of special forms of agreements, such as &amp;quot;subordination agreements&amp;quot;, which are desired by certain utility owners, is acceptable. These, too, must be revised to cover the particular situation. Details on lump sum estimates can be found at [[#643.2.9.2.2_Lump_Sum_Estimates|EPG 643.2.9.2.2 Lump Sum Estimates]]. Once the final invoice on a UT02 is submitted to Financial Services, district utilities staff should change the status on the agreement in eAgreements to “completed”.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.4 Agreement for Utility Work Included in Roadway Improvement Project===&lt;br /&gt;
The UT04: Utility Agreement - Actual Cost (For Utility Work That is to be Included in the Missouri Highways and Transportation Commission&#039;s Road Project) allows for the adjustment to be based on actual cost with the roadway contractor performing the utility work. Caution should be exercised in the type of utilities to be relocated in roadway contracts. Utilities recommended are waterlines and sewer lines. Other utilities, such as gas lines, communication lines, and power lines are to be studied thoroughly before being included in the project.&lt;br /&gt;
&lt;br /&gt;
The Transportation Project Manager and district utilities staff must plan ahead to get this work in the roadway contract. The utility owner must agree to include the utility adjustment in the roadway contract. The adjustment may be on highway right of way or on private easement in the name of the utility owner. The utility owner can agree to allow MoDOT’s contractor to work in its easement. However, district utilities staff in consultation with district right of way staff should review the easement documentation to verify the utility owner’s rights to the easement and any limitations on its use. MoDOT’s contractor can work and operate on both Commission right of way and on the utility easement, even when not directly connected to the Commission right of way, as part of the job site. Temporary construction easements may be necessary in addition to the utility easement to ensure adequate working room for the contractor.&lt;br /&gt;
&lt;br /&gt;
:The utility owner may request exemption to any liability for negligence of our contractor working on their easement. The Commission can assume that liability (refer to [[:Category:153_Agreements_and_Contracts#153.1.1.2_Acceptance_of_Liability_Policy_(MoDOT_Access_Only)|Acceptance of Liability Policy]]), but it should be included in the utility agreement if so desired by the utility owner. A Job Special Provision is necessary to require the MoDOT contractor to hold the utility harmless from all claims due to contractor negligence.&lt;br /&gt;
&lt;br /&gt;
Subsurface information, i.e. boring data, etc., should be obtained by the utility owner since it may be needed for the design of the utility adjustment. This information should be included in the plans. If the utility owner must bear all or part of the cost of the adjustment, the utility owner must agree to pay a pre-deposit to the Commission prior to opening bids on the project. This should be in the utility agreement. The pre-deposit will be credited to the &amp;quot;Missouri Highway and Transportation Commission - Local Fund.&amp;quot; Any interest earned in the fund will apply to the cost of the adjustments. The utility agreement will include language that the utility will inspect the installation and assume maintenance of the utility facility after construction. MoDOT will also provide engineering supervision to be sure the road contractor is in compliance with the contract. Utility plans and specifications are to be approved by the owner prior to submittal to the Central Office. The following items will provide minimum information to allow MoDOT’s contractor to bid the work.&lt;br /&gt;
# Individual bid items (not &amp;quot;lump sum&amp;quot;) should be established to promote better bidding and to handle overruns and underruns. Bid items not included on the Computer Stored Bid Item list should be &amp;quot;99&amp;quot; numbers.&lt;br /&gt;
# he bid package must be in our letting format. If the package was prepared by a consultant as if the utility owner were going to let it, all bid bond or bidding procedures must be screened to remove requirements contrary to MoDOT letting requirements. District utilities staff should work with the Transportation Project Manager, Design Liaison Engineer, and Central Office Bidding and Contract Services to ensure this requirement is met.&lt;br /&gt;
# The specifications required by the utility owner should be reviewed for items that could cause a bid problem for our contractor. Items such as non-readily available materials or sizes should be avoided.&lt;br /&gt;
# Utility plan sheets should be .pdf files equivalent to 22 in. x 34 in. It is helpful to have a quantity sheet specifically for utility items.&lt;br /&gt;
# Any special procedures required for the utility installation should be included in the Job Special Provisions.&lt;br /&gt;
# The utility package should be submitted on-time to Central Office with other project plans.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.5 Agreement for a Utility Only Project===&lt;br /&gt;
Any of the above agreements can be modified for a utility only project separate from the roadway project. The utility only project may be done by forces hired by the utility owner or by the Commission. A separate utility only project has distinct advantages when the following occurs:&lt;br /&gt;
* The utility work is extensive&lt;br /&gt;
* It must be performed in accordance with the utility owner’s seasonal requirements&lt;br /&gt;
* It extends beyond the limits of the construction project&lt;br /&gt;
* It must be performed considerably in advance of the roadway contract&lt;br /&gt;
&lt;br /&gt;
Necessary environmental and design work is still required for the limits of the separate utility only project. It may be necessary in these cases to have a second agreement with the utility owner to cover any other work that must be performed concurrently with the roadway contract. These latter agreements will use the roadway construction job number. Early need for utility projects is to be determined at the time when the STIP is updated each year. The utility construction funds will be shown in the year right of way funds are assigned. This will be done whenever possible to secure early adjustment of utility facilities. A request by the district is sent to the Planning Division. Estimated dollar amounts for utility adjustments are needed. These are estimates and do not need to be extremely accurate. When a special utility project is established, it is preferred, if at all possible, to include all the utility adjustments necessary for the entire roadway project. If funds are available, additional agreements can be added to this utility project until the final invoice for the first completed agreement is received for payment.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.6 Supplemental Agreements===&lt;br /&gt;
For utility owners with a UT01 agreement, a supplemental letter agreement documenting the change in the scope or cost of the work is acceptable.&lt;br /&gt;
&lt;br /&gt;
The UT05: First Supplemental Agreement is used to document changes to UT02 and UT03 agreements. If changes to the scope of work occur that are anticipated to exceed $100,000 or 15% of the original agreement, a UT05 is required. If the final invoice on an actual cost adjustment without changes in the scope of work exceeds the limits shown in the table below, a UT05 is required.&lt;br /&gt;
&lt;br /&gt;
{| class=&amp;quot;wikitable&amp;quot; style=&amp;quot;margin-left: 25px; text-align:center&amp;quot;&lt;br /&gt;
! Amount in Original Actual Agreement !! Final Bill Total Exceeds Original Amount by:&lt;br /&gt;
|-&lt;br /&gt;
| 0-$25,000 || 50%&lt;br /&gt;
|-&lt;br /&gt;
| $25,000-$100,000 || 40%&lt;br /&gt;
|-	&lt;br /&gt;
| Exceeds $100,000 || 30%&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
Should multiple UT05s be required with the same utility owner, the UT05 should be modified for additional supplemental agreements. Once the final invoice on an UT05 is submitted to Financial Services, district utilities staff should change the status on the agreement in eAgreements to “completed”.&lt;br /&gt;
&lt;br /&gt;
==643.2.13 Utility Adjustments in Roadway Plans and Job Special Provisions (JSPs)==&lt;br /&gt;
It is the responsibility of the MoDOT Transportation Project Manager (TPM) to ensure utility plans of adjustment are shown on the project plans at the Plan, Specification, and Estimate (PS&amp;amp;E) stage based upon information coordinated by the district utilities staff with the appropriate utility owner.&lt;br /&gt;
&lt;br /&gt;
===643.2.13.1 Plans===&lt;br /&gt;
A legend showing all applicable utility symbols and the names of the utility owners is shown on the first special utility sheet. In the absence of special utility sheets, this information may be shown on the title sheet or the first plan and profile sheet. The following note is required to be placed on the title sheet or the first plan and profile sheet and the first special utility sheet (if used) to inform contractors of the suitability of the utility information contained on the plans.&lt;br /&gt;
&lt;br /&gt;
&amp;quot;The existence and approximate location of utility facilities known to exist, as shown on the plans, are based on the best information available to the Commission at this time. This information is provided by the Commission &amp;quot;as-is&amp;quot; and the Commission expressly disclaims any representation or warranty as to the completeness, accuracy, or suitability of the information for any use. Reliance upon this information is done at the risk and peril of the user, and the Commission shall not be liable for any damages that may arise from any error in the information&amp;quot;.&lt;br /&gt;
&lt;br /&gt;
===643.2.13.2 Job Special Provisions===&lt;br /&gt;
Since the addition of utility information on the plans, supplied by a third party, could subject the Missouri Highway and Transportation Commission to additional liability, a Utility JSP reflecting the status of utility adjustments will be required. The JSP will include the name, address, e-mail address, and telephone number of all utility owner representatives for all utility facilities located on the project. The anticipated adjustment completion date for each utility adjustment is also to be shown based on the agreed upon dates, durations, or completion dates with the utility owner’s representative. This information will inform the bidder of the status of utilities for proper work coordination that could affect the bids for the proposed highway construction project. Status notations will include general notations such as: “N/A”, “Work is in progress”, “Work has not started”, “Work is complete”, and “Work is included in contract.”&lt;br /&gt;
&lt;br /&gt;
===643.2.13.3 PS&amp;amp;E Submittal===&lt;br /&gt;
In the District Final Plans Submittal Checklist (D-12), the TPM should note any issues related to existing utility facilities or the adjustment of utility facilities either shown or not shown on the plans. Projects with “No Utility Impacts” such as some overlays, striping, bridge washing, etc. do not need a Utility Status Letter or Utility JSP. The D-12 is used for these projects. In the D-12, under Project Details – “Utilities”, the note “NO” is selected and under “Status”, select “Clear”. For all other projects, the district utilities staff will write a [https://epg.modot.org/forms/general_files/DE/utilitystatusletter Utility Status Letter]. The TPM will include the Utility Status Letter with the submittal of the final plans to the Design Division. The Utility Status will be defined as:&lt;br /&gt;
# Utility facilities are present, but no conflict is anticipated with the highway construction project. Or,&lt;br /&gt;
# All utility facilities requiring adjustment to allow highway construction have been physically adjusted on the project. Or,&lt;br /&gt;
# Utility construction work is planned or active and will be completed to such a point that no impact will be expected to the highway construction project. The status of this work is defined in the utility JSP. Or,&lt;br /&gt;
# Utility facilities are not expected to be adjusted by the notice to proceed date for the road project, but the utility work will have no impact on the progress of the highway construction project. The status of this work is defined in the utility JSP. Or,&lt;br /&gt;
# Utility facilities must be adjusted after the road contractor completes stage construction or in coordination with the contractors’ work. Details of the coordination effort required of the contractor are defined in the utility JSP to properly advise bidders. Or,&lt;br /&gt;
&lt;br /&gt;
# Utility adjustment plans and specifications are included in the bid documents for the highway construction project. A UT04 agreement must be executed.&lt;br /&gt;
&lt;br /&gt;
==643.2.14 Payment to Utility Companies for Reimbursable Work==&lt;br /&gt;
Authorization and federal funding obligation must be approved prior to incurring costs. This applies to all types of work on utility facilities including preliminary engineering. An obligation is a commitment by the federal government to reimburse MoDOT for the federal share of a project’s eligible cost.&lt;br /&gt;
&lt;br /&gt;
===643.2.14.1 Obligation Process===&lt;br /&gt;
Federal funding can be used with both lump sum and actual cost agreements. After the utility agreement is fully executed, the district utilities staff will email a copy of the utility agreement or the letter agreement referencing the MRUA to the email group OBLIGATE. This email should request the authorization authority for use of federal funds and to be informed of a Notice to Proceed (NTP) (see [[#643.2.15_Notice_to_Proceed|EPG 643.2.15]]) date by Financial Services once federal funding has been obligated. District utilities staff should allow three (3) weeks to receive the NTP. Financial Services will use Advance Construction (AC) funding to fund reimbursement to utility owners. With AC funding, state funds initially are used to pay for reimbursement to utility owners. Once construction is complete, with appropriate documentation of the work via the [https://epg.modot.org/forms/general_files/DE/C-9.docx C-9] and [https://epg.modot.org/forms/general_files/DE/C-13.docx C-13], Financial Services will convert to federal funding.&lt;br /&gt;
&lt;br /&gt;
===643.2.14.2 Preliminary Engineering===&lt;br /&gt;
On occasion, preliminary engineering (PE) may need to be undertaken by the utility owner prior to the execution of a utility agreement. If a utility owner has a MRUA, an estimate of the cost of the PE work by the utility owner may be used to obligate funding for preliminary engineering under the MRUA as a PE only letter agreement. If a lump sum or actual cost agreement will be required with the utility owner for the project, district utilities staff should do two (2) agreements with one agreement covering PE only, and once a design for the adjustment is obtained, a second agreement for the construction of the adjustment should be executed. If a separate PE only agreement is obtained, NTP will need to be issued twice to the utility owner: once for PE and once for construction.&lt;br /&gt;
&lt;br /&gt;
===643.2.14.3 Right of Way===&lt;br /&gt;
Once Notice to Proceed has been given, the utility owner may begin the right of way acquisition process. If the utility owner needs to acquire right of way prior to a full agreement for relocation has been negotiated, the agreement specifically for the acquisition of right of way should be executed. This agreement will be sent to Financial Services to begin the obligation process.&lt;br /&gt;
&lt;br /&gt;
===643.2.14.4 Construction===&lt;br /&gt;
Payment to utility owners for construction of the adjustment may occur in a number of phases.&lt;br /&gt;
&lt;br /&gt;
====643.2.14.4.1 Prepayment====&lt;br /&gt;
Per the utility agreement, the Commission allows utility owners to be prepaid prior to commencing work. The district utilities staff may negotiate the prepayment if the utility owner is receptive. The utility owner will submit a request for prepayment with an invoice prior to any prepayment. Route, county, and job number must be included in the request. The district utilities staff will submit a request to Financial Services with a copy saved in MoProjects for future reference by the district staff responsible for inspection of the utility adjustment.&lt;br /&gt;
&lt;br /&gt;
====643.2.14.4.2 Progress Payments====&lt;br /&gt;
If a utility owner has not been prepaid the entire estimated amount in the utility agreement, then the utility owner may request progress payments after completing a portion of the proposed work, including PE.&lt;br /&gt;
&lt;br /&gt;
Progress payments for PE by consultants should not exceed the &amp;quot;maximum not to exceed amount&amp;quot; shown in the cost estimate unless additional costs are approved first by district utilities staff.&lt;br /&gt;
&lt;br /&gt;
For progress payments, the utility owner is required to submit only a summary of work and materials for which payment is claimed, not a detailed billing. District utilities staff should check only to be sure that sufficient work has been done to justify making the requested payment. Payment should be made for allowable costs incurred up to the date of the progress payment request.&lt;br /&gt;
&lt;br /&gt;
Progress payment invoices do not relieve the utility owner of the responsibility of submitting one complete and final invoice upon completion of the adjustment. The utility owner’s address must be shown on the invoice. The district utilities staff should submit progress payment invoices and applicable C-9s to Financial Services within one (1) week of receipt of invoice.&lt;br /&gt;
&lt;br /&gt;
One copy of the progress payment and one copy of the district utilities staff letter of recommendation must be sent to Financial Services for payment and be stored in MoProjects. The cover memo should include the project number, route, county, actual cost or lump sum utility agreement, Commission obligation percentage, total cost estimate of Commission obligation, and indicate the progress payment number, i.e., progress payment number 1, 2, 3, etc. If more than one progress payment is requested by the utility company, the district should submit progress payment bills to Financial Services in the following format:&lt;br /&gt;
{| class=&amp;quot;wikitable&amp;quot; style=&amp;quot;margin-left: 25px; text-align:center&amp;quot;&lt;br /&gt;
! Payment !! Amount&lt;br /&gt;
|-&lt;br /&gt;
| Progress Payment #1 || $50,000&lt;br /&gt;
|-&lt;br /&gt;
| Progress Payment #2 || 10,000&lt;br /&gt;
|-	&lt;br /&gt;
| Total Payment to Date || $60,000&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
This format will help clarify payment history with the utility owner. Progress payments for actual cost utility agreements may not exceed the Commission&#039;s total estimated cost shown in the agreement. However, if the request for a progress payment exceeds the original estimate, a change order with explanation should accompany the request. (See [[#643.2.16.5_Change_Orders|EPG 643.2.16.5 Change Orders]].)&lt;br /&gt;
&lt;br /&gt;
====643.2.14.4.3 Final Payment====&lt;br /&gt;
Utility owners are required to submit a detailed final invoice to MoDOT for all actual cost reimbursable utility work and for any lump sum reimbursable utility work that was not prepaid. For prepaid lump agreements, the utility owner must submit a zero-dollar ($0) invoice to demonstrate the work has been completed. After the utility work has been fully completed, the district utilities staff responsible for inspection should send the utility owner a “60 Day” [https://epg.modot.org/forms/general_files/DE/FinalInvoiceLetter.docx Final Acceptance Letter] requesting a complete final invoice within 60 days, as detailed in the utility agreement. If the final invoice is not received from the utility owner within 30 days, then a follow up letter should be sent (i.e., “30 Day” [https://epg.modot.org/forms/general_files/DE/FinalInvoiceReminderLetter.docx Reminder Final Invoice Letter]) reminding the utility owner of its obligation to submit a final invoice within 60 days of the completed work. If a final invoice from the utility owner is not received within this timeframe, then the district utilities staff should contact the Design Liaison Engineer for guidance on how to close out the work.&lt;br /&gt;
&lt;br /&gt;
The district utilities staff is expected to check the final bill within two (2) weeks after receipt in as much detail as possible against the C-9. It is their responsibility to verify from field records the quantities of labor, equipment, material used, material retired, and to justify all changes made. If the utility owner’s contractor made the adjustment at unit cost prices, then it is the district utility staff’s responsibility to verify the number of units completed and not the hours of labor and equipment. It is also important for the utility owner to show the words “final bill” or “final invoice” on the last bill, in order for MoDOT to understand that no additional charges will be made on the adjustment. The final bill must show a general description of the utility adjustment, the highway project number, the date on which work was completed or last item of billed expense was incurred, and the location where records can be audited. The order of items in the final statement should follow as closely as possible the order of items in the original estimate. A summary, on the utility owner’s letterhead, of the total cost of preliminary engineering, construction engineering, right of way, labor, overhead, construction travel expense, transportation, equipment, materials, supply, handling, and salvage credits should be shown in a way that will permit direct comparison with the approved estimate from the original or supplemental agreements (see [[#643.2.12.6_Supplemental_Agreements|EPG 643.2.12.6]]).&lt;br /&gt;
&lt;br /&gt;
If the Actual Cost final invoice shows a much higher cost than the original estimate without scope change, the utility owner is required to give reasons in a letter to the district utilities staff explaining why the invoice cost increased. When the Actual Cost final invoice exceeds the amount shown in the table in [[#643.2.12.6_Supplemental_Agreements|EPG 643.2.12.6]], a supplemental agreement is required.&lt;br /&gt;
&lt;br /&gt;
When the district utilities staff has determined that the final invoice is accurate, the C-13 should be completed. Once the C-13 is completed, the C-13 and the final invoice from the utility owner are forward to Financial Services. For Actual Cost agreements, the C-9s should also be included in this transmittal. If no additional payments are required, the district utilities staff should note this in the transmittal as well. If the final invoice indicates previous payments to a utility owner exceeded the final invoice, the utility owner will need to send MoDOT a check for the overpayment amount. The check should be made payable to Director of Revenue – Credit State Road Fund. If the utility owner did not send MoDOT an overpayment check with the final invoice, district utilities staff should send a letter to the utility owner requesting the refund amount. Submittal of the final invoice to Financial Services should not occur until repayment has been received. The submittal to Financial Services should note the receipt of the repayment check.&lt;br /&gt;
&lt;br /&gt;
==643.2.15 Notice to Proceed==&lt;br /&gt;
For PE only, once an agreement has been executed, and Financial Services has advised that authorization from FHWA has been received, district utilities staff will issue a notice to proceed (NTP) letter to the utility owner for the PE. For agreements that include PE and construction or once a final agreement for construction has been executed, right of way clearance has been issued, and Financial Services has advised that authorization from FHWA has been received, the district utilities staff will issue NTP to the utility owner for construction. See [https://epg.modot.org/forms/general_files/DE/NoticeToProceedExampleLetter.docx Example of Notice to Proceed Letter]. If salvage credit is part of the agreement with the utility owner, the NTP letter should include a statement that the utility owner will need to inform district utilities staff of the time and place that inspection may be made of the removed material. The utility owner may be held accountable for full value of materials disposed without proper notice. Utility owners may purchase materials prior to NTP for construction; however, no other work on the adjustment necessary to allow highway construction may begin prior to NTP for construction. The utility owner, for reasons of planning their workload or due to seasonal situations, may request early authorization to perform the work. This request, with the district utilities staff recommendations, is sent to the Design Liaison Engineer for further handling, approval, and advancement of the necessary funds. A copy of the NTP should be saved in MoProjects. If a utility owner begins adjustments prior to NTP for construction, district utilities staff should notify the utility owner immediately in writing that reimbursement will not be made for work done prior to NTP for construction.&lt;br /&gt;
&lt;br /&gt;
==643.2.16 Construction of Utility Adjustments==&lt;br /&gt;
===643.2.16.1 Utility Owner Self-Perform===&lt;br /&gt;
As per 23 CFR 645.115 Construction, it may be cost-effective for certain utility adjustments to be performed by a utility owner with its own internal forces and equipment, provided the utility owner is qualified to perform the work in a satisfactory manner. This cost-effectiveness finding covers minor work on the utility owner’s existing utility facilities routinely performed by the utility owner with its own forces.&lt;br /&gt;
&lt;br /&gt;
===643.2.16.2 Construction Contract Requirements===&lt;br /&gt;
When the utility owner is not adequately staffed and equipped to perform such work with its own forces and equipment at a time convenient to coordination with the associated highway construction, such work may be done one of four ways for utility adjustments:&lt;br /&gt;
# MoDOT can provide the construction services, via awarded contract to the lowest qualified bidder based on appropriate solicitation. This can be done by including the adjustment work in the roadway improvement project ([[#643.2.14_Payment_to_Utility_Companies_for_Reimbursable_Work|EPG 643.2.12.4 Utility Agreement for Utility Work Included in Roadway Improvement Project]]) or by having a utility only project ([[#643.2.12.5_Agreement_for_a_Utility_Only_Project|EPG 643.2.12.5 Utility Only Project]]).&lt;br /&gt;
# The utility owner can award a construction contract to the lowest qualified bidder based on appropriate solicitation.&lt;br /&gt;
# The utility owner can utilize an existing continuing contract, provided the costs are reasonable (see [[#643.2.9.1_Independent_Cost_Estimate|EPG 643.2.9.1 Independent Cost Estimate]]).&lt;br /&gt;
# The utility owner can contract for low-cost incidental work, such as tree trimming and the like, without competitive bidding, provided the costs are reasonable (see [[#643.2.9.1_Independent_Cost_Estimate|EPG 643.2.9.1 Independent Cost Estimate]]).&lt;br /&gt;
&lt;br /&gt;
When a utility owner chooses option 2 to award its own new construction contract, the utility owner must provide the following documents and information to the district utilities staff. These documents need to be provided as soon as the utility owner has chosen to pursue a construction contract. Document 1 must be supplied by all utility owners. Documents 2 and 3 are only required when the utility owner is a local government agency who is also a political subdivision of the state of Missouri (e.g., city-owned utilities, county-owned utilities). All other utility owners are encouraged, but not required, to provide Documents 2 and 3.&lt;br /&gt;
# A statement that the utility owner is not staffed or able to perform the required construction activities with its own forces.&lt;br /&gt;
# A copy of the request for proposal used to secure bids.&lt;br /&gt;
# A list of a minimum of 3 bidders whom they believe can do the work. &#039;&#039;&#039;Political subdivisions are required to advertise for the work&#039;&#039;&#039;.&lt;br /&gt;
# Upon review of these documents, the district utilities staff will advise the utility owner to proceed with the solicitation of bids, but the utility owner will not be permitted to award the contract without the concurrence of district utilities staff. For lump sum agreements, approval of contract work and subcontract work is not required.&lt;br /&gt;
&lt;br /&gt;
The following documents need to be provided as soon as the utility owner has determined the lowest qualified contractor and would like to award the project. Document 1 must be supplied by all utility owners. Document 2 is only required when the utility owner is a local government agency who is also a political subdivision of the state of Missouri (e.g., city-owned utilities, county-owned utilities). All other utility owners are encouraged, but not required, to provide Document 2.&lt;br /&gt;
# The name address of the lowest qualified contractor.&lt;br /&gt;
# The tabulation of bids received and other information to support their recommendation for award to the lowest qualified bidder.&lt;br /&gt;
&lt;br /&gt;
The district utilities staff will review and approve the utility owner&#039;s bid information prior to the award of the contract. The Design Liaison Engineer is available to assist the district with review of bid information if necessary. Once the district utilities staff provides concurrence, the utility owner may proceed with awarding the contract. When the utility owner is a local government agency who is also a political subdivision of the state of Missouri (e.g., city-owned utilities, county-owned utilities), a copy of the executed contract must be shared with the district utilities staff. All other utility owners are encouraged, but not required, to provide a copy of the executed contract.&lt;br /&gt;
&lt;br /&gt;
A [https://epg.modot.org/forms/general_forms/DE/UtilityConsultantContractChecklist.docx checklist is available for reviewing contracts] to ensure the contract conforms to MoDOT policy and complies with applicable federal regulations.&lt;br /&gt;
&lt;br /&gt;
When a utility owner chooses to utilize an existing continuing contract, the utility owner will submit a copy of the contract to the district utilities staff. The district utilities staff will review the contract for reasonableness of cost. If district utilities staff and the utility owner’s representative cannot agree on the reasonableness of cost, then the utility owner will be required to award a new construction contract.&lt;br /&gt;
&lt;br /&gt;
===643.2.16.3 Inspection===&lt;br /&gt;
The degree of inspection needed for utility adjustments will vary considerably with the nature and location of the work and whether the Commission is responsible for any portion of the cost of reimbursement. Judgment must be used regarding the manner and regularity of inspection duties. Some phases of the work require a very close check to ensure that the highway will not be adversely affected and to ensure satisfactory performance of work in accordance with the agreement and plans. The degree of inspection may vary from spot checking of overhead installations to continuous close observation of backfilling trenches beneath proposed pavement, embankment area, or adjacent to bridge abutments. Proper inspection can ensure that the utility adjustment is completed as efficiently as possible to minimize future impacts to the utility facility and the highway construction project. A [https://epg.modot.org/forms/general_files/DE/UtilityFieldInspectionChecklist.docx Field Inspection Checklist] to assist district utilities staff responsible for inspection is available.&lt;br /&gt;
&lt;br /&gt;
If it is found that any actual cost reimbursable utility adjustment is being performed by unapproved contractors, district utilities staff should direct the work to stop. The utility owner’s representative should be informed immediately and should be advised in writing that the costs incurred by an unapproved contractor are not eligible for reimbursement under provisions of the agreement. The district utilities staff can take appropriate steps to approve a subcontract and advise when the utility owner can recommence work.&lt;br /&gt;
&lt;br /&gt;
===643.2.16.4 Documentation===&lt;br /&gt;
All documents related to the construction of the utility adjustment necessary to allow highway construction should be stored in MoProjects.&lt;br /&gt;
&lt;br /&gt;
Construction records must be kept to confirm that work is done in accordance with the terms of the agreement and in the manner proposed in the plans. The importance of a complete and accurate record cannot be overemphasized. Detailed records are necessary to support the recommendation for payment of the final invoice. A complete, separate daily record must be kept on each actual cost adjustment and submitted for review when the final invoice is recommended for payment. This district utilities staff responsible for inspection should complete the Daily Utility Report (C-9).&lt;br /&gt;
&lt;br /&gt;
====643.2.16.4.1 Utility Reports====&lt;br /&gt;
The Daily Utility Report ([https://epg.modot.org/forms/general_files/DE/C-9.docx Form C-9]) and the Final Utility Report ([https://epg.modot.org/forms/general_files/DE/C-13.docx Form C-13]) are used for documenting utility adjustments necessary to allow highway construction. The use of C-9s and C-13s will vary with method of reimbursement. For utility adjustments necessary to allow highway construction that overlap with the highway contractor’s work, progress records should be kept as necessary to coordinate the highway and utility construction activities. Sufficient records must be maintained to check and verify the items of labor, equipment, materials, and salvaged items as submitted on the final invoice.&lt;br /&gt;
&lt;br /&gt;
=====643.2.16.4.1.1 Daily Utility Report (C-9)=====&lt;br /&gt;
C-9s are only required for actual cost agreements. The district utilities staff responsible for inspection must in all cases keep records to document inclement weather, down time, and verbal authorization for minor changes. The district utilities staff responsible for inspection must complete a C-9 documenting the number and classification of employees and number of hours worked. Records of material used and of retired materials returned to stock or scrapped must be kept. The utility owner’s major items of equipment must also be recorded. When work is done by the contract method based on unit prices, the district utilities staff responsible for inspection should ascertain that units of work as provided in the bid proposal are measured and recorded to form a basis for checking the final invoice. C-9s should list the location and the number of units of work accomplished for that period. If contract labor or equipment is used by a utility owner on the basis of a bid per hour, per day, etc., it will be necessary to keep records on this labor or equipment time in the same manner as if the utility owner were performing the work with its own internal forces. District utilities staff responsible for inspection should also note all contractors working for the utility owner and the contractor approval authorization dates given in the agreement.&lt;br /&gt;
&lt;br /&gt;
=====643.2.16.4.1.2 Final Utility Report (C-13)=====&lt;br /&gt;
C-13s summarize that the utility adjustment work that was done in accordance with the agreement and plans, the percentage of total cost that is the responsibility of the Commission, and any progress payments that have been made. A C-13 is required for both actual cost and lump sum agreements. The requested numbers shown on line 9 (Commission Estimated Cost) and line 10 (Amount of Final Bill) in the report are the Commission’s total responsibility.&lt;br /&gt;
&lt;br /&gt;
====643.2.16.4.2 Breakdown and Emergency====&lt;br /&gt;
When breakdown and emergency situations occur, prior approval by MoDOT is not required for contract or equipment rental work unless the cost or period of time will be extensive. The utility owner should furnish a letter as soon as possible to explain the situation and set out the estimated costs involved. The district utilities staff’s records should substantiate the need and the changes for personnel and equipment.&lt;br /&gt;
&lt;br /&gt;
====643.2.16.4.3 Stop Work====&lt;br /&gt;
If at any point, a stop work order is given by MoDOT to a utility owner, written documentation of the stop work order should be saved in MoProjects.&lt;br /&gt;
&lt;br /&gt;
===643.2.16.5 Change Orders===&lt;br /&gt;
Any change in the plan of adjustment should be documented in writing to the utility owner as a change order. If the change order is anticipated to exceed $100,000 or 15% of the original agreement amount, district utilities staff should negotiate a supplemental agreement with the utility owner’s representative. Once a supplemental agreement is in place, district utilities staff should contact Financial Services to obtain an adjustment of the obligation mid-project. Change orders without supplemental agreements will be settled once the project is complete.&lt;br /&gt;
&lt;br /&gt;
====643.2.16.5.1 Actual Cost Agreement====&lt;br /&gt;
Slight modifications in quantities or the addition of minor items not included with the original agreement do not require a supplemental agreement. However, such changes should be documented in writing with the utility owner. A supplemental agreement is needed if costs exceed the above threshold or if there is a change in the percentage of cost that is the Commission’s responsibility on an agreement with shared responsibility for costs. Intermediate partial payments cannot be made on items in a supplemental agreement until the supplemental agreement is approved.&lt;br /&gt;
&lt;br /&gt;
====643.2.16.5.2 Lump Sum Agreement====&lt;br /&gt;
A supplemental agreement to a Lump Sum Agreement is only required for significant changes in the scope of work of the utility adjustment necessary to allow highway construction. Normal overruns are not considered as changes in approved work and will not be reimbursed. Significant changes in the scope of work on utility adjustments necessary to allow highway construction cannot be done until the supplemental agreement is approved, and the adjustment in obligation of funds is complete.&lt;br /&gt;
&lt;br /&gt;
==643.2.17 Utilities during Highway Construction==&lt;br /&gt;
The contractor is responsible for having utilities located by contacting Missouri One-Call (811) prior to any excavation on the project. A reminder of this responsibility should be made at the preconstruction meeting.&lt;br /&gt;
&lt;br /&gt;
===643.2.17.1 Preconstruction Meeting (Pre-Con)===&lt;br /&gt;
District utilities staff should be invited to all pre-cons.&lt;br /&gt;
&lt;br /&gt;
Pre-cons fall into three categories relating to utilities:&lt;br /&gt;
# No utility adjustments are anticipated within the project limits,&lt;br /&gt;
# All utility adjustments completed prior to the pre-con, and&lt;br /&gt;
# All utility adjustments not completed prior to the pre-con.&lt;br /&gt;
&lt;br /&gt;
====643.2.17.1.1 No Utility Adjustments Anticipated within the Project Limits====&lt;br /&gt;
For projects without a Utility Job Special Provision (JSP), no involvement of the utility owners is required at the pre-con. For projects with a Utility JSP, the Resident Engineer (RE) should invite all utility owner representatives listed in the JSP with known required adjustment to the pre-con. The RE should review potential impacts of the highway construction project with the contractor and the utility owner.&lt;br /&gt;
&lt;br /&gt;
====643.2.17.1.2 All Utility Adjustments Completed Prior to the Pre-Con====&lt;br /&gt;
The RE should invite all utility owner representatives listed in the JSP with known required adjustment to the pre-con. The RE should review potential impacts of the highway construction project with the contractor and the utility owner. A general discussion should highlight the previous adjustments made by the utility owner and what abandoned utility facilities the contractor may encounter.&lt;br /&gt;
&lt;br /&gt;
====643.2.17.1.3 All Utility Adjustments Not Completed Prior to the Pre-Con====&lt;br /&gt;
It is important for the RE and inspector to understand the utility owner’s work schedule and how it relates to the contractor’s work schedule. During the pre-con, the schedule of the utility owner and highway construction contractor should be discussed, and conflicts should be addressed to allow utility adjustments and highway construction to progress as near to the proposed schedule as possible. On large-scale projects that have many utility issues to address that could impact the work of the highway construction contractor, it may be necessary to have a separate pre-con with utility owner representatives.&lt;br /&gt;
&lt;br /&gt;
===643.2.17.2 Coordination Meetings===&lt;br /&gt;
When the utility work will not be completed soon after the preconstruction meeting, the RE should meet with district utilities staff, the highway construction contractor, and the utility owner representatives on a regular basis to discuss utility coordination issues, so expectations from all parties are known and conveyed clearly. The utility owner may need some work performed by MoDOT or the highway construction contractor prior to completing their adjustments. (Examples include: survey staking of right of way or proposed facilities, trees cleared, grading performed, or new structures built).&lt;br /&gt;
&lt;br /&gt;
==643.2.18 Service Drops==&lt;br /&gt;
Power and communication services provided by utility owners are necessary for the operation of the highway system. These services may include power to traffic signals, lighting, or ITS devices; power for cathodic protection; or telecommunication services to signal controllers or ITS devices. The project design teams should work with district utilities staff to identify proper locations for the applicable utility owners to provide these services. Various utility owners have different requirements for this process. The district utilities staff is encouraged to develop a workable relationship with the utility owners who provide these services to MoDOT. The costs of installing the services charged by the utility owner are considered a non-contractual item and should be accounted for in the project’s budget in the STIP. The proposed location and method for the service drops should be shown on the roadway plans. District utilities staff should meet with the utility owner’s representative to ensure the proposed location can be accommodated by the utility owner. For electrical service connections, the power supply assembly is ideally located a maximum of ten feet (10’) from the source location. Plans submitted for PS&amp;amp;E should reflect the agreed upon location for all service connections. During construction, district utilities staff and district construction staff should work together to ensure the placement of the services is consistent with the project plans. Payment for the service drops should be invoiced by the utility owner to the district. District utilities staff is responsible for submission of the invoice directly to Financial Services for payment noting the non-contractual charges for the project.&lt;br /&gt;
&lt;br /&gt;
==643.2.19 Buy America Build America for Utilities==&lt;br /&gt;
FHWA’s Buy America Build America (BABA) policies require a domestic manufacturing process for all steel or iron products, other construction materials, and manufactured products that are permanently incorporated into Federal-Aid Highway construction projects, including products and materials used for adjustments to utility facilities to allow highway construction. These guidelines are for all federally reimbursable transportation projects where FHWA is the lead federal agency; it does not take precedence over projects where Federal Transit Administration or the Federal Railroad Administration is deemed the be the lead federal agency.&lt;br /&gt;
&lt;br /&gt;
===643.2.19.1 Program Requirements for Utilities===&lt;br /&gt;
All MoDOT projects are federal-aid projects, and therefore, all reimbursable utility adjustments are required to follow the provisions of BABA. More information on MoDOT’s BABA policy and procedures can be found in [[106.9_Buy_America_Requirement|EPG 106.9 Buy America Requirement]]. Specifically, utility owners should be aware of the following procedures for determining applicability of the EPG 106.9 requirements to reimbursable utility adjustments necessary to allow highway construction:&lt;br /&gt;
* BABA does not apply when materials are relocated from one location to another within the project limits.&lt;br /&gt;
* BABA does not apply for materials necessary for temporary utility adjustments assuming materials are removed from the right of way upon completion of the utility adjustment to allow highway construction.&lt;br /&gt;
* Non-reimbursable work must be kept separate from reimbursable work (agreements, permits, etc.) in order to not be subject to BABA.&lt;br /&gt;
&lt;br /&gt;
===643.2.19.2 Certification Requirements for Utilities===&lt;br /&gt;
Utility owners have the option of choosing either to self-certify BABA compliance or provide vendor/manufacturer certification to MoDOT. The method of certification is chosen by the utility owner and is documented in either the MRUA or the project specific agreement. Regardless of agreement type or certification method, the utility owner must be compliant with BABA requirements.&lt;br /&gt;
&lt;br /&gt;
====643.2.19.2.1 BABA Utility Owner Self-Certification====&lt;br /&gt;
If a utility owner chooses to self-certify BABA compliance, the utility owner is not required to provide MoDOT copies of the supplier certification as part of the project documentation or with the final invoice for any reimbursable utility adjustment necessary to allow highway construction. Retention of all documents should be as described in the agreement.&lt;br /&gt;
&lt;br /&gt;
====643.2.19.2.2 BABA Vendor/Manufacturer Certification====&lt;br /&gt;
If a utility owner chooses to use vendor/manufacturer certification, the utility owner will supply MoDOT BABA compliance from all vendors and/or manufacturers. Certification from vendors will be signed by an authorized representative of the vendor on company letterhead or other acceptable documentation and will declare that all supplied materials subject to BABA requirements are fully compliant. Certification from iron or steel manufacturers must be in the form of a mill test report (MTF) issued and signed by the initial fabricator stating the materials subject to BABA were melted and manufactured in the United States. Other written statements on company letter or other acceptable documentation signed by an authorized representative of the manufacturer for any additional treatment to the fabricated material (such as blasting, galvanizing, painting, or coating) will state that all treatment processes occurred in the United States according to FWA guidelines. Retention of all documents should be as described in the agreement. Manufacturer certification for manufactured products or construction materials will state that all materials were sourced from the United States and were fabricated in the United States. Retention of all documents should be as described in the agreement.&lt;br /&gt;
&lt;br /&gt;
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&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643.4 Railroads (NO CHANGE) &#039;&#039;PAGE TITLE&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;&lt;br /&gt;
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==236.5.12 Excess Land Conveyances &amp;amp; Relinquishments - Utilities==&lt;br /&gt;
All conveyances and relinquishments of Commission-owned property shall be evaluated for the existence of any utility facilities located within the areas to be conveyed or relinquished. A conveyance or relinquishment of Commission-owned property may have implications to the utility facilities, and the utility owners, when the Commission no longer controls the property. It is important to maintain the continuity of utility facilities for the general public; therefore, to identify and minimize potential impacts, MoDOT shall involve utility owners in the conveyance and relinquishment processes.&lt;br /&gt;
&lt;br /&gt;
===236.5.12.1 Excess Land Conveyances Utilities===&lt;br /&gt;
MoDOT shall only recommend that a property be declared excess upon satisfactorily addressing the utility impacts. Whether MoDOT or an external party initiates the conveyance of excess property, utility impacts shall be adequately addressed by using one of the following methods: &lt;br /&gt;
:1. Each utility facility will be relocated by permit into a new utility corridor retained by the Commission.&lt;br /&gt;
:2. Each utility facility will remain in place with the benefit of a non-exclusive permanent utility easement.&lt;br /&gt;
::&#039;&#039;If the Commission holds fee simple title to the property, the Commission shall convey a non-exclusive permanent utility easement to each utility owner&#039;&#039;.&lt;br /&gt;
::&#039;&#039;If the Commission holds a less than fee simple title interest in the property, MoDOT shall facilitate the conveyance of a non-exclusive permanent utility easement from the party acquiring the property to each utility owner&#039;&#039;.&lt;br /&gt;
:3. Each utility facility will be relocated to another portion of the property being conveyed.&lt;br /&gt;
::&#039;&#039;If the Commission holds fee simple title to the property, the Commission shall convey a non-exclusive permanent utility easement to each utility owner&#039;&#039;. &lt;br /&gt;
::&#039;&#039;If the Commission holds a less than fee simple title interest in the property, MoDOT shall facilitate the conveyance of a non-exclusive permanent utility easement from the party acquiring the property to each utility owner&#039;&#039;.&lt;br /&gt;
:4. Each utility facility will be relocated onto a portion of the property already owned by the party acquiring the Commission-owned property, with the benefit of a non-exclusive permanent easement. (MoDOT shall facilitate the conveyance of a non-exclusive permanent utility easement from the party acquiring the property to each utility owner.)&lt;br /&gt;
:5. A three-party negotiated settlement taking into consideration the overall value of the proposed transaction.&lt;br /&gt;
:6. Additional options to address utility impacts may be utilized with approval from the Asst. to the State Design Engineer - Right of Way.&lt;br /&gt;
&lt;br /&gt;
===236.5.12.2 Road Relinquishment Utilities===&lt;br /&gt;
MoDOT shall only recommend the relinquishment of roadways through the [[236.14 Change in Route Status Report|Change in Route Status Report]] upon satisfactorily addressing the impacts to utility facilities. If the roadway will be relinquished to a local public transportation authority, with the intent that it continues to be used as a public roadway, a clause similar to the following shall be included in the deed from the Commission to the local public transportation authority:&lt;br /&gt;
:&#039;&#039;&amp;quot;Grantee, by acceptance of this conveyance, covenants and agrees for itself, its successors and assigns, to allow known or unknown utility facilities currently located on the property, whether of record or not, to remain on the property, and to grant the current and subsequent owners of those facilities the right to maintain, construct and reconstruct the facilities and their appurtenances over, under, and across the land herein conveyed, along with the right of ingress and egress across the land herein conveyed to and from those utilities.&amp;quot;&#039;&#039; &lt;br /&gt;
&lt;br /&gt;
Proposed roadway relinquishments to private entities shall be reviewed in a manner consistent with the conveyance of excess property described in [[236.5 Property Management#236.5.3 Asset Management Committee|EPG 236.5.3 Asset Management Committee]].&lt;/div&gt;</summary>
		<author><name>Hoskir</name></author>
	</entry>
	<entry>
		<id>https://epg.modot.org/index.php?title=User:Hoskir/Revision_Request_4225&amp;diff=58895</id>
		<title>User:Hoskir/Revision Request 4225</title>
		<link rel="alternate" type="text/html" href="https://epg.modot.org/index.php?title=User:Hoskir/Revision_Request_4225&amp;diff=58895"/>
		<updated>2026-06-23T16:08:09Z</updated>

		<summary type="html">&lt;p&gt;Hoskir: /* 643.2.12.2 Master Reimbursable Utility Agreements */&lt;/p&gt;
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&lt;div&gt;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643 Utility Procedures  &#039;&#039;CATEGORY&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt; &lt;br /&gt;
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| &#039;&#039;&#039;&amp;lt;center&amp;gt;&amp;lt;u&amp;gt;Additional Resources&amp;lt;/u&amp;gt;&amp;lt;/center&amp;gt;&#039;&#039;&#039;&lt;br /&gt;
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| ● [https://www.ecfr.gov/current/title-23/chapter-I/subchapter-G/part-64523 CFR 645]&lt;br /&gt;
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| ● [https://www.sos.mo.gov/cmsimages/adrules/csr/current/7csr/7c10-3.pdf7 CSR 10-30]&lt;br /&gt;
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| [[image:643 Utility Procedures.jpg|center|225px]]&lt;br /&gt;
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&#039;&#039;&#039;Utility Accommodation Policy:&#039;&#039;&#039; State DOTs are required to develop policies and procedures pertaining to the use, accommodation, and/or relocation of public and private utility facilities on highway rights-of way using Federal-aid highway funds. State DOTs are required to develop, maintain, and obtain FHWA approval of their Utility Accommodation Policy (UAP) (23 CFR section 645.215). This EPG article 643 and subarticles 643.1 through 643.3 are Missouri Department of Transportation (MoDOT)’s Utility Accommodation Policy. Text in EPG 643 consolidates various federal and state statutes and rules into a single, cohesive, workable policy to outline processes for MoDOT staff and utility owners.&lt;br /&gt;
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&#039;&#039;&#039;Delegation of Work:&#039;&#039;&#039; Each MoDOT district is responsible for ensuring implementation of the UAP outlined in the subsequent EPG articles. Each district can create its own organization for whom is responsible for the work including between divisions and job titles. Work responsibilities within this article and subarticles are generic where possible. If a specific title is included, that title has sole responsibility for that item of work.&lt;br /&gt;
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&#039;&#039;&#039;643 documents not being used&#039;&#039;&#039;&lt;br /&gt;
[[media:144 Major Highway System 2022.pdf|major routes]]&lt;br /&gt;
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&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643.1 Utility Location  &#039;&#039;PAGE TITLE&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt; &lt;br /&gt;
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The information in this article provides a uniform system for regulating the location, construction, maintenance, removal, and relocation of utility facilities on the right of way of roadways located on the state highway system. It also provides for the facilitation of construction and maintenance of these roadways. Any location or relocation of utility facilities contrary to this information is an interference with the construction, maintenance, or operation of a state highway and its right of way and is prohibited.&lt;br /&gt;
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==643.1.1 Permits==&lt;br /&gt;
All utility owners are required to obtain a permit to work on Missouri Highway and Transportation Commission (Commission) right of way. A permit is required for original installation of the utility facility, on-going maintenance of the utility facility, or adjustments to a utility facility necessary to allow highway construction. Per [[127.29_Stormwater#127.29.4.3_MCM_3:_Illicit_Discharge_Detection_and_Elimination_(IDDE)_Program|EPG 127.29.4.3]], discharges of anything other than stormwater are not permitted. A deposit or bond is required to ensure completion of the work in accordance with the permit issued. An [https://www.modot.org/permits application for a permit] may be made on established forms specifically stating the nature of the work to be performed. Applications for permits may be obtained at any of the [https://www.modot.mo.gov/ seven (7) district highway offices] of the Commission, [https://www.modot.mo.gov/ MoDOT&#039;s website], or by requesting it from the office of the Missouri Highways and Transportation Commission in Jefferson City, Missouri. The application for a permit will specifically state the nature of the work to be performed, what specific type of utility facility is to be installed, and, if necessary, the timeframe of any temporary use. Piping of any type of sewage or waste will only be allowed providing any permitting by a regulatory agency, such as Missouri Department of Natural Resources, can be provided. Prior to obtaining a permit through MoDOT’s permit system, a utility owner will be required to provide a bond to ensure satisfactory work and complete a TR50 Electronic Signature Agreement with the Commission. The name of the utility owner must match on the bond, TR50, and in the permit system. More information on permitting can be found in [[:Category:941_Permits_and_Access_Requests|EPG 941]].&lt;br /&gt;
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===643.1.1.1 Emergency Work===&lt;br /&gt;
When emergency operations work is necessary, the damaged utility facility may be accessed immediately and without a permit by leaving the pavement at such points as may be necessary to effect emergency repairs, provided immediate notice is given to the Missouri State Highway Patrol and the district utilities staff for the district wherein the work will be performed, and a permit for emergency operations is requested immediately upon discovery of the need for emergency operations. A permit for emergency operations work is to be obtained as soon as practical, but in no event later than two (2) working days after the emergency operations work has commenced. Emergency operations include, but are not limited to, unplanned work in response to utility facilities being so damaged as to constitute an emergency situation directly affecting or endangering traffic on the highway or public health or safety.&lt;br /&gt;
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===643.1.1.2 Third-Party Inspection===&lt;br /&gt;
When a utility owner has a large number of projects in a given area or projects involving great complexity, MoDOT reserves the right to limit the number of permits open at any given time. With approval of the district utilities staff, a utility owner may hire a third-party inspector, at their cost. The third-party inspector will allow the utility owner to increase the number of permits open at any given time. The responsibility of the third-party inspector will be to ensure the installation of the utility facility proceeds in a manner consistent with the plans approved in the permit, including all work zone requirements and conformity with MoDOT’s Standards and Specifications. The MoDOT approved third-party inspector will be listed in the permit. MoDOT may audit third-party inspections and revoke the right to use third-party inspections should the inspectors fail to perform their duties.&lt;br /&gt;
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===643.1.1.3 Abandoned Utility Facilities===&lt;br /&gt;
All utility facilities installed in Commission right of way are the property of the utility owner whether the utility facility is active or inactive. MoDOT may allow a utility facility to remain on Commission right of way whether the utility facility was abandoned for a MoDOT project or at the utility owner’s discretion. MoDOT may place requirements (such as removing inactive fiber optic cables, grouting pipes, removing valves) on the utility owner as part of the process of abandoning a utility facility. Liability for damage to Commission right of way due to an abandoned facility remains the responsibility of the utility owner. In the event MoDOT requires the removal of the abandoned utility facility, responsibility for the cost of the removal will be determined per [[#643.2.8_Cost_Responsibility|EPG 643.2.8]].&lt;br /&gt;
&lt;br /&gt;
==643.1.2 Definitions==&lt;br /&gt;
&#039;&#039;&#039;Bridge Attachment:&#039;&#039;&#039; A bridge attachment is any utility facility, including communication lines and electrical lines, or any other utility facility of a similar nature that is fastened to a bridge for the purpose of spanning an obstacle.&lt;br /&gt;
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&#039;&#039;&#039;Clear zone:&#039;&#039;&#039; The total roadside border area starting at the edge of the traveled way, available for safe use by errant vehicles. This area may consist of a shoulder, a recoverable slope, a non-recoverable slope, and/or the area at the toe of a non-recoverable slope available for safe use by an errant vehicle. Clear zone dimensions are provided in the current edition of American Association of State Highway Transportation Officials Roadside Design Guide.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Ditch Line:&#039;&#039;&#039; A line where the roadway ditch meets the back slope. It is located at the lowest point of a V-bottom ditch or furthest point from the roadway of a flat bottom ditch where the roadway slopes back to the existing ground line.&lt;br /&gt;
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&#039;&#039;&#039;Duct:&#039;&#039;&#039; An enclosed tubular casing, or raceway, for protecting wires, lines, or cables that is often flexible or semi-rigid (1-3% diametric deflection). The casing, or raceway, is separate from the cable or conductor that passes through it.&lt;br /&gt;
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&#039;&#039;&#039;Encasement:&#039;&#039;&#039; The term encasement means the placing of an installation around and outside of an underground facility consisting of a larger conduit that permits the removal and replacement of the facility. An alternate to the conduit type encasement is reinforced concrete poured around the utility facility. Utility owners are allowed to use any types of material as a carrier and encasement for its facilities as expressly provided for in the permit issued for the installation of the utility facility.&lt;br /&gt;
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&#039;&#039;&#039;Freeway:&#039;&#039;&#039; A divided arterial highway with full control of access.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Highway:&#039;&#039;&#039; Any public way for vehicular travel, including the entire area within the right of way and related facilities constructed or improved and maintained by the Missouri Highways and Transportation Commission (MHTC) acting through the Missouri Department of Transportation (MoDOT).&lt;br /&gt;
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&#039;&#039;&#039;Interchange Limits:&#039;&#039;&#039; For the uniform handling of utility installations only, the limits of an interchange are the outside ramp curve points. See [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_1_TypicalInterchangeLimits_AOD.pdf EPG Figure 643.1.1] for an example.&lt;br /&gt;
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&#039;&#039;&#039;Interstate System or Other Freeways/Expressways:&#039;&#039;&#039; Interstate highways and highways with fully controlled access.&lt;br /&gt;
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&#039;&#039;&#039;Major Routes (Interstates, Freeways/Expressways and Principal Arterials):&#039;&#039;&#039; The major highway system is all routes functionally classified as principal arterials. The principal arterial system provides for statewide or interstate movement of traffic. The major roads in Missouri total approximately 5,500 centerline miles.&lt;br /&gt;
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&#039;&#039;&#039;Minor Routes:&#039;&#039;&#039; The minor highway system is all routes functionally classified as minor arterials or collectors. These routes mainly serve local transportation needs. The minor roads in Missouri total approximately 28,400 centerline miles.&lt;br /&gt;
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&#039;&#039;&#039;Normal Right of Way Line:&#039;&#039;&#039; An imaginary line that connects sudden breaks in the major right of way points for roadways. Sight distance right of way points (triangles) at roadway intersections are not to be considered as sudden breaks for determining normal right of way.&lt;br /&gt;
[[File:fig_643.1.2-06_2026.jpg|none|700px|thumb|Figure 643.1.2 Normal Right of Way Line.]]&lt;br /&gt;
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&#039;&#039;&#039;Private Lines:&#039;&#039;&#039; Privately owned utility facilities which convey or transmit the commodities outlined in the definition of utility facility of this section but devoted exclusively to private use.&lt;br /&gt;
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&#039;&#039;&#039;Scenic Enhancement Areas:&#039;&#039;&#039; Scenic enhancement areas include areas acquired or so designated as scenic strips, overlooks, rest areas, recreation areas, and the right of way of adjacent roadways and the right of way of roadways that pass through public parks and historic sites as described under 23 USC 138.&lt;br /&gt;
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&#039;&#039;&#039;Utility Corridor:&#039;&#039;&#039; An area established for the placement of utility facilities parallel to the normal right of way line.&lt;br /&gt;
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&#039;&#039;&#039;Utility Facility:&#039;&#039;&#039; Privately, publicly, or cooperatively owned line, facility, or system for producing, transmitting, or distributing communications, cable television, power, electricity, light, heat, gas, oil, crude products, water, steam, waste, storm water not connected with highway drainage or any other similar commodity, including any fire or police signal system or street lighting system which directly or indirectly serves the public and does not include privately owned facilities devoted exclusively to private use. The term &amp;quot;utility facility&amp;quot; includes those facilities used solely by the utility owner that are a part of its operating plant.&lt;br /&gt;
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&#039;&#039;&#039;Utility Owner:&#039;&#039;&#039; The utility owner is the utility company, inclusive of any wholly owned or controlled subsidiary, or city or county which owns utility facilities. The term also includes those government agencies that lease a utility facility for its own use or otherwise dedicated solely to governmental use.&lt;br /&gt;
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&#039;&#039;&#039;Variance:&#039;&#039;&#039; A one- (1-) time deviation from the requirements for location or relocation of utility facilities on the right of way of highways in the state highway system as established in [https://www.sos.mo.gov/cmsimages/adrules/csr/current/7csr/7c10-3.pdf Title 7 Code of State Regulations 10-3], requested by the utility, and approved by a MoDOT District Design Engineer.&lt;br /&gt;
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==643.1.3 Location of Utility Facilities==&lt;br /&gt;
Utility facilities paralleling the roadway should be installed in the utility corridor except as outlined below. The utility corridor is the space for all utility owners generally within six feet (6’) of the normal right of way line. When considering if the current utility corridor is available to expand from six feet (6’) to as much as twelve feet (12’), MoDOT determines if the expansion is warranted. In making the determination, MoDOT will consider the existing utilization of the original six feet (6’) corridor. Poles must remain within two feet (2’) of the normal right of way line unless approved by a variance. The utility corridor will only be expanded beyond six feet (6’) if the original six feet (6’) corridor is fully utilized and additional space would be required to accommodate additional utility facilities. Acquisition of additional right of way to establish a twelve feet (12’) corridor is not required on highway construction projects. For depths for underground utility facilities, see [[#643.1.4.1_Minimum_Cover_for_Underground_Facilities|EPG 643.1.4.1]].&lt;br /&gt;
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Utility facilities crossing the roadway should be installed as close to ninety degrees (90°) to the centerline of the roadway as possible and based on the guidelines below depending on the type of roadway. See [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_3_TypicalUtilityCorridor-InterchangeatMajorRoute_AOD.pdf EPG Figure 643.1.3] and [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_4_TypicalUtilityCorridor-InterchangeatMinorRoute_AOD.pdf EPG Figure 643.1.4] for typical utility corridors around interchanges.&lt;br /&gt;
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===643.1.3.1 Interstate System or Other Major Freeways/Expressways===&lt;br /&gt;
The installation of all utility facilities on highways of the Interstate System or other major freeways/expressways with fully controlled access are to be installed, serviced, and maintained without entering or leaving the roadway and ramps except at points approved by MoDOT for that purpose and without parking any equipment or storing materials upon the medians, roadway and ramps, or shoulders of the roadways. Cutting or damaging the pavement or paved shoulders is not permitted. New service connections to existing parallel utility facilities are to be permitted only where an outer roadway exists and then only where access is permitted by the Commission. Careful consideration will be given to the location of guys, anchors, braces, and other supports. Generally, good design practice will provide that appurtenances be located at right of way jogs, along intersecting road right of way, or at other similar acceptable locations, so that encroachment is held to an absolute minimum.&lt;br /&gt;
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No utility facilities will be permitted within the interchange limits of an interchange between fully limited access highways where planned or existing. Utility facilities within the interchange limits of an interchange with a non-access controlled highway will be permitted only along the minor road, provided that all construction, service, and maintenance can be performed from the minor road. Manholes and poles must be located beyond the ramp termini.&lt;br /&gt;
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For structures carrying or over interstates or other major freeways/expressways, see [[#643.1.5_Bridge_Attachment_Policy|EPG 643.1.5]].&lt;br /&gt;
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====643.1.3.1.1 Utility Facilities Crossing the Interstate or Other Major Freeways/Expressways====&lt;br /&gt;
=====643.1.3.1.1.1 Overhead Crossings of the Interstate or Other Major Freeways/Expressways=====&lt;br /&gt;
Overhead crossings of utility facilities are permitted only for power transmission and distribution lines and for multiple circuit communication lines where an underground installation is not economically feasible. Supports for existing utility facilities crossing overhead may remain on the right of way provided they are near the right of way line regardless of the presence of an outer road. Supports for new overhead utility facilities crossing overhead may be located on the right of way near the right of way line where an outer roadway exists and are to be located off the right of way where no outer roadway exists. Overhead service crossings are only permitted in isolated cases for residential or commercial establishments when the denial of the crossing would require construction of more than 1,200 feet (1,200’) of utility line to provide the service. Main or distribution line crossings are required to serve a general area other than isolated cases.&lt;br /&gt;
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=====643.1.3.1.1.2 Underground Crossings of the Interstate or Other Major Freeways/Expressways=====&lt;br /&gt;
Underground crossings of utility facilities are to be continuously encased under the pavement, medians, ramps, and shoulders with the casing extending to the toe of the fill slopes or to the ditch line. In curbed sections, encasement should extend outside the outer curb of the roadways a distance equal to the depth of the encasement at the curb line. Where installed by open trench through unpaved areas, detector tape should be placed approximately one foot (1&#039;) above the encasement. Where an interstate or other major freeway has a parallel outer roadway, encasement should be continuous under all roadways within the right of way.&lt;br /&gt;
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Manholes or vent pipes are to be located at the right of way line or adjacent to the outer roadway.&lt;br /&gt;
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For fiber optic cable, encasement should extend from within six feet (6&#039;) of one right of way line to within six feet (6&#039;) of the other right of way line.&lt;br /&gt;
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Exceptions may be made for encasement as listed in [[#643.1.4.2_Exceptions_to_Encasement|EPG 643.1.4.2]].&lt;br /&gt;
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=====643.1.3.1.1.3 Parallel Installations along the Interstate or Other Major Freeways/Expressways=====&lt;br /&gt;
New parallel installations on the right of way may be permitted only where an outer roadway exists, provided that poles are within two feet (2&#039;) of the normal right of way line and underground utility facilities are within the utility corridor, and provided that the utility facility can be installed and maintained between the outer roadway and the right of way line. Existing overhead or underground utility facilities that parallel an existing roadway which will be incorporated into a completed highway as an outer roadway may remain in place if all maintenance and service can be performed from an outer roadway and the existing location does not interfere with construction, maintenance, or operation of the completed highway. If an existing parallel utility facility needs to be relocated so as to not interfere with the construction, maintenance, or operation of the completed interstate or other major freeway, poles may be located withing five feet (5’) of the right of way line.&lt;br /&gt;
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Underground utility facilities are expected to be buried within the utility corridor of sight distance triangles (SDTs) at roadway intersections unless granted a variance. Overhead utility facilities may be allowed to span intersecting roadways with SDTs provided the poles, or supports, are located outside the SDT.&lt;br /&gt;
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=====643.1.3.1.1.4 Sanitary Sewers within the Right of Way of Interstates or Other Major Freeways/Expressways=====&lt;br /&gt;
New installations of sanitary sewers should follow the applicable guidelines for either underground crossings or parallel installations as appropriate. Existing gravity trunk sanitary sewers should be considered individually and removed or left in place contingent upon its age, condition, feasibility of moving, and maintenance access. Encasement of existing trunk sewers left in place may be required for questionable condition, protection during construction, or heavy fills.&lt;br /&gt;
&lt;br /&gt;
Manholes should be relocated to the right of way lines or adjacent to an outer roadway.&lt;br /&gt;
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===643.1.3.2 Major Routes===&lt;br /&gt;
For structures carrying or over major routes, see [[#643.1.5_Bridge_Attachment_Policy|EPG 643.1.5]].&lt;br /&gt;
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====643.1.3.2.1 Major Routes with Partially Controlled Access Right of Way====&lt;br /&gt;
The installation of all utility facilities on highways with partially controlled access right of way are to be installed, serviced, and maintained without entering or leaving the roadway and ramps except at points approved by MoDOT for that purpose and without parking any equipment or storing materials upon the medians, roadway and ramps, or shoulders of the roadways. Cutting or damaging the pavement or paved shoulders is not permitted. Equipment or materials stored within the right of way must be protected by longitudinal barrier or be located outside the clear zone. New service connections to existing parallel utility facilities are to be permitted only where granted by the Commission.&lt;br /&gt;
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No utility facilities will be permitted within the interchange limits of an interchange between fully limited access highways where planned or existing. Utility facilities within the interchange limits of an interchange with a non-access controlled highway will be permitted only along the minor road, provided that all construction, service, and maintenance can be performed from the minor road. Manholes and poles must be located beyond the ramp termini.&lt;br /&gt;
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====643.1.3.2.2 Major Routes with Normal Access Right of Way====&lt;br /&gt;
All new utility facilities will be installed and maintained without cutting or damaging the pavement or paved shoulders except in the event underlying rock formations or other obstructions are encountered that prevent boring or pushing operations. A variance may be granted for pavement cuts when the need is established. Pavement cuts may only be made by permits issued when it is impractical to otherwise service and maintain the facility. The installation of all utility facilities is to be installed without parking any equipment or storing materials upon the medians, roadway and ramps, or shoulders of the roadways. Equipment or materials stored within the right of way must be protected by longitudinal barrier or be located outside the clear zone.&lt;br /&gt;
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====643.1.3.2.3 Utility Facilities Crossing Major Routes====&lt;br /&gt;
=====643.1.3.2.3.1 Overhead Crossings of Major Routes=====&lt;br /&gt;
Supports for utility facilities crossing overhead should be located as near the right of way line as possible. For major routes with controlled access right of way, new overhead service crossings may be permitted in isolated cases for residential or commercial establishments where the denial of such crossings would require the construction of more than 1,200 feet (1,200’) of utility line to provide the same service. For major routes with normal access right of way, there is no restriction on the placement of service crossings.&lt;br /&gt;
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=====643.1.3.2.3.2 Underground Crossings of Major Routes=====&lt;br /&gt;
Underground crossings of utility facilities are to be continuously encased under the pavement, medians, ramps, and shoulders with the casing extending to the toe of the fill slopes or to the ditch line. In curbed sections, encasement should extend outside the outer curb of the roadways a distance equal to the depth of the encasement at the curb line. Where installed by open trench through unpaved areas, detector tape should be placed approximately one foot (1&#039;) above the encasement. Where a major route has a parallel outer roadway, encasement should be continuous under all roadways within the right of way.&lt;br /&gt;
&lt;br /&gt;
Manholes or vent pipes are to be located at the right of way line or adjacent to the outer roadway.&lt;br /&gt;
&lt;br /&gt;
For fiber optic cable, encasement should extend from within six feet (6&#039;) of one right of way line to within six feet (6&#039;) of the other right of way line.&lt;br /&gt;
&lt;br /&gt;
Exceptions may be made for encasement as listed in [[#643.1.4.2_Exceptions_to_Encasement|EPG 643.1.4.2]].&lt;br /&gt;
&lt;br /&gt;
====643.1.3.2.4 Parallel Installations along Major Routes====&lt;br /&gt;
New parallel installations on the right of way may be permitted provided that poles are within two feet (2&#039;) of the normal right of way line and underground utility facilities are within the utility corridor. Existing overhead or underground utility facilities that parallel an existing roadway which will be incorporated into a completed highway may remain in place if all maintenance and service can be performed without entering or leaving the roadway except at approved access points; without parking equipment or storing materials on the median, pavement, ramps, or shoulders; and the existing location does not interfere with construction, maintenance, or operation of the completed highway. If an existing parallel utility facility needs to be relocated so as to not interfere with the construction, maintenance, or operation of the completed highway, poles may be located withing five feet (5’) of the right of way line.&lt;br /&gt;
&lt;br /&gt;
Existing steel pipe transmission and distribution facilities for gaseous petroleum products that parallel an existing roadway that will be incorporated into the completed roadway may be left in place subject to an agreement by the utility owner that maintenance or service and facility expansion will be performed without cutting or damaging the pavement or interfering with the construction, maintenance, and operation of the highway and provided that the facility is cathodically protected against corrosion and meets the applicable material requirements.&lt;br /&gt;
&lt;br /&gt;
Underground utility facilities are expected to be buried within the utility corridor of sight distance triangles (SDTs) at roadway intersections unless granted a variance. Overhead utility facilities may be allowed to span intersecting roadways with SDTs provided the poles, or supports, are located outside the SDT.&lt;br /&gt;
&lt;br /&gt;
====643.1.3.2.5 Sanitary Sewers within the Right of Way of Major Routes====&lt;br /&gt;
New installations of sanitary sewers should follow the applicable guidelines for either underground crossings or parallel installations as appropriate. An existing gravity trunk sanitary sewer should be considered individually and removed or left in place contingent upon its age, condition, feasibility of moving, and maintenance access. If an existing parallel gravity main is left in place within the limits of the paved surface, paved shoulder lines, or curb lines, stub mains as required will be laid between the sewer main and curb or shoulder lines for future service connections in each block. Manholes should be relocated outside the traveled roadway as near the right of way line as practical.&lt;br /&gt;
&lt;br /&gt;
===643.1.3.3 Minor Routes===&lt;br /&gt;
For structures carrying or over minor routes, see [[#643.1.5_Bridge_Attachment_Policy|EPG 643.1.5]].&lt;br /&gt;
&lt;br /&gt;
====643.1.3.3.1 Utility Facilities Crossing Minor Routes====&lt;br /&gt;
=====643.1.3.3.1.1 Overhead Crossings of Minor Routes=====&lt;br /&gt;
Existing overhead crossings that interfere with construction, maintenance, or operation should be relocated with their supports as near the right of way line as is practical. New overhead crossing installations should be located with their supports as near the right of way line as is practical.&lt;br /&gt;
&lt;br /&gt;
=====643.1.3.3.1.2 Underground Crossings of Minor Routes=====&lt;br /&gt;
All new utility facilities should be installed and maintained without cutting or damaging the pavement or paved shoulders. A variance may be granted for pavement cuts when servicing and maintaining the facility by any other methods is impractical. Pavement cuts may only be made by permits issued. Underground crossings of utility facilities are to be continuously encased under the pavement, medians, ramps, and shoulders with the casing extending to the toe of the fill slopes or to the ditch line. In curbed sections, encasement should extend outside the outer curb of the roadways a distance equal to the depth of the encasement at the curb line. Where installed by open trench through unpaved areas, detector tape should be placed approximately one foot (1&#039;) above the encasement.&lt;br /&gt;
&lt;br /&gt;
Manholes or vent pipes are to be located at the right of way line or adjacent to the outer roadway.&lt;br /&gt;
&lt;br /&gt;
For fiber optic cable, encasement should extend from within six feet (6&#039;) of one right of way line to within six feet (6&#039;) of the other right of way line.&lt;br /&gt;
&lt;br /&gt;
Exceptions may be made for encasement as listed in [[#643.1.4.2_Exceptions_to_Encasement|EPG 643.1.4.2]].&lt;br /&gt;
&lt;br /&gt;
====643.1.3.3.2 Parallel Installations along Minor Routes====&lt;br /&gt;
New parallel installations on the right of way may be permitted provided that poles are within two feet (2&#039;) of the normal right of way line and underground utility facilities are within the utility corridor. Existing overhead or underground utility facilities that parallel an existing roadway which will be incorporated into a completed highway may remain in place if all maintenance and service can be performed without entering or leaving the roadway except at approved access points; without parking equipment or storing materials on the median, pavement, ramps, or shoulders; and the existing location does not interfere with construction, maintenance, or operation of the completed highway. If an existing parallel utility facility needs to be relocated so as to not interfere with the construction, maintenance, or operation of the completed highway, poles may be located within five feet (5’) of the right of way line.&lt;br /&gt;
&lt;br /&gt;
Underground utility facilities are expected to be buried within the utility corridor of sight distance triangles (SDTs) at roadway intersections unless granted a variance. Overhead utility facilities may be allowed to span intersecting roadways with SDTs provided the poles, or supports, are located outside the SDT.&lt;br /&gt;
&lt;br /&gt;
====643.1.3.3.3 Sanitary Sewers within the Right of Way of Minor Routes====&lt;br /&gt;
New installations of sanitary sewers should follow the applicable guidelines for either underground crossings or parallel installations as appropriate. An existing gravity trunk sanitary sewer should be considered individually and removed or left in place contingent upon its age, condition, feasibility of moving, and maintenance access. If an existing parallel gravity main is left in place within the limits of the paved surface, paved shoulder lines, or curb lines, stub mains as required will be laid between the sewer main and curb or shoulder lines for future service connections in each block. Manholes should be relocated outside the traveled roadway.&lt;br /&gt;
&lt;br /&gt;
===643.1.3.4 Roundabouts===&lt;br /&gt;
Regardless of roadway type, it is desirable to avoid locating utility facilities and their access points within the circulatory roadway. If possible, utility facilities are located in the legs of the roundabout to allow for future maintenance and access at an isolated leg versus affecting the entire roundabout. See [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_5_TypicalLocationofUtilityFacilitiesnearRoundabouts_AOD.pdf EPG Figure 643.1.5] for an example.&lt;br /&gt;
&lt;br /&gt;
===643.1.3.5 Utility Facilities in Scenic Enhancement Areas===&lt;br /&gt;
All existing utility facilities within the limits of a scenic enhancement area requiring adjustment because of construction or reconstruction will be placed underground or relocated beyond the limits of the scenic enhancement area. No new above ground facilities will be permitted. New underground facilities will be permitted provided they do not extensively alter or impair the appearance of the area.&lt;br /&gt;
&lt;br /&gt;
==643.1.4 Installation of Utility Facilities==&lt;br /&gt;
The following sections provide information on the physical installation of utility facilities within highway right of way.&lt;br /&gt;
&lt;br /&gt;
===643.1.4.1 Minimum Cover for Underground Facilities===&lt;br /&gt;
The minimum cover for new underground utilities is:&lt;br /&gt;
* Forty-two inches (42”) for all water lines (parallel and crossings).&lt;br /&gt;
* Forty-two inches (42”) for fiber optic cable (crossings encased in rigid conduit).&lt;br /&gt;
* Seventy-two inches (72”) for fiber optic cable (crossings encased in polyethylene (PE) pipe).&lt;br /&gt;
* Thirty inches (30”) for direct burial and in trench fiber optic cable (parallel).&lt;br /&gt;
* Twenty-four inches (24”) for all other direct burial copper or coaxial cable, (parallel).&lt;br /&gt;
* Seventy-two inches (72”) for uncased polyethylene (PE) gas pipe crossings under ditches and roadways but thirty inches (30”) elsewhere.&lt;br /&gt;
* Thirty inches (30”) for all other (such as, but not limited to, gravity sewers, forced sewers, and electric) underground utilities (both parallel and crossing).&lt;br /&gt;
&lt;br /&gt;
===643.1.4.2 Exceptions to Encasement===&lt;br /&gt;
Exceptions may be made for encasement as follows:&lt;br /&gt;
* Non-fiber communication or electric cables installed in ducts.&lt;br /&gt;
* Welded steel pipelines carrying gaseous or liquid petroleum products - provided they are cathodically protected against corrosion, triple-coated in accordance with accepted pipeline construction standards, and meet applicable material requirements.&lt;br /&gt;
* Natural gas distribution pipe (nominal six-inch (6”) diameter maximum) of polyethylene (PE) plastic, traceable, installed by a horizontal bore method at a minimum depth of seventy-two inches (72”) under ditches and roadways, constructed in accordance with and meeting applicable material requirements.&lt;br /&gt;
* Gas service connections protected and constructed in accordance with and meeting applicable material requirements.&lt;br /&gt;
* Encasement is not required for new trunk sanitary sewer crossings of vitrified clay, reinforced concrete or cast iron except when installation procedures would produce voids in the roadbed, heavy fills, or installations under pressure.&lt;br /&gt;
&lt;br /&gt;
===643.1.4.3 Above Ground or Ground Level Appurtenances===&lt;br /&gt;
Appurtenances protruding more than four inches (4”) above the ground line should be located outside the clear zone. If no feasible alternative exists and if permitted by a variance, appurtenances may be allowed within the clear zone if they meet breakaway criteria or will be shielded by a traffic barrier. Good design practice will provide that appurtenances be located at right of way jogs, along intersecting road right of way, or at other similar acceptable locations, so that encroachment is held to an absolute minimum. Cables, wires, small diameter pipes, and other such utility appurtenances extending from the surface of the ground should be equipped with covers or guards to improve their visibility. Appurtenances within sidewalks or street level pedestrian access routes are to be in conformance with the Americans with Disabilities Act requirements.&lt;br /&gt;
&lt;br /&gt;
The maximum pull box width perpendicular to the right of way line within the utility corridor is thirty inches (30”).&lt;br /&gt;
&lt;br /&gt;
===643.1.4.4 Overhead Utility Facilities===&lt;br /&gt;
The vertical clearance of new or existing overhead installations will not be less than the current minimum requirements of the National Electric Safety Code, but in no case less than eighteen feet (18’) inclusive of sag above the groundline for electrical facilities. Clearance may be reduced for overhead installations of cable, telephone, or fiber optic facilities.&lt;br /&gt;
A minimum radial clearance of twenty-five feet (25’) is provided from any utility facility to the nearest part of any bridge structure. A minimum radial clearance of ten feet (10’) is provided from the nearest charged electrical line to a MoDOT signal, lighting, ITS, or overhead sign structure.&lt;br /&gt;
&lt;br /&gt;
===643.1.4.5 Approved Materials===&lt;br /&gt;
Utility owners are allowed to use any material for underground utility facilities including carrier and encasement provided they accept responsibility for any future repairs and/or replacement of damaged MoDOT facilities should a failure occur. This will allow the use of current technology and procedures to provide the best value to its subscribers and the taxpayers of Missouri. For materials that MoDOT also uses in its highway system, utility owners must provide materials that meet the current [https://www.modot.org/missouri-standard-specifications-highway-construction Missouri Standard Specifications for Highway Construction]. For materials not listed in the Missouri Standard Specifications for Highway Construction, the utility owner should provide documentation of the standards used to determine suitability of the material.&lt;br /&gt;
&lt;br /&gt;
===643.1.4.6 Cutting===&lt;br /&gt;
In the event permission is granted to cut an existing concrete or asphalt pavement or sidewalk, the appropriate provisions below should be followed.&lt;br /&gt;
&lt;br /&gt;
====643.1.4.6.1 Pavement====&lt;br /&gt;
All pavement cuts should be made with a saw to the full depth of the pavement. The width of the cut is typically determined by the width of the trench plus a minimum one foot (1’) on each side of the trench. In the event the distance to any adjacent longitudinal or transverse joint or crack is less than four feet (4’), the pavement must be removed to the joint or crack. Cuts for perpendicular service tie-ins should be a minimum of three feet (3’) wide. Longitudinal main installations are typically cut at a minimum of half the lane width, but in no instance should the cut be along the wheel path of the lane.&lt;br /&gt;
[[File:fig_643.1.6-06_2026.jpg|800px|none|thumb|Figure 643.1.6 Pavement Repair Dimension Requirements.]]&lt;br /&gt;
&lt;br /&gt;
The utility facilities should be placed in a location with the least impact to the roadway. Typically, this leads to placement in the shoulder when available followed by the two-way left turn lane (TWLTL), and then outside lanes before allowing placement in interior through lanes. Lane switching should be kept to a minimum and should not be used to minimize repair sizes. Cuts for mains or service leads that may not be perpendicular to the roadway should be squared-off.&lt;br /&gt;
&lt;br /&gt;
Replacement of cut pavement should be full depth concrete in accordance with the current version at the time of installation of Section 613.10 Full Depth Pavement Repairs of the Missouri Standard Specifications for Highway Construction and the Missouri Standard Plans for Highway Construction. If the area of the pavement repair is not to be fully resurfaced all joints including the overcut from the sawing operation should be filled with an expansive mortar, epoxy, polyester, or joint material as approved by the Engineer in accordance with Section 1057 of the Missouri Standard Specifications for Highway Construction.&lt;br /&gt;
&lt;br /&gt;
====643.1.4.6.2 Pedestrian Access Routes====&lt;br /&gt;
All cuts in the pedestrian access routes whether asphalt or concrete should be made by saw and be the full depth of the material. Entire slabs of concrete sidewalk should be removed. Repair of the pedestrian access route must meet Americans with Disability Act requirements, see [[:Category:642_Pedestrian_Facilities|EPG 642]]. Cuts through curb ramps or detectable warning areas are not permitted. Rather the entire curb ramp or detectable warning area must be removed and replaced. MoDOT district ADA contacts can help ensure ADA compliance of impacted pedestrian access routes.&lt;br /&gt;
&lt;br /&gt;
===643.1.4.7 Non-disturbance Areas===&lt;br /&gt;
MoDOT has certain areas of right of way where mowing, spraying, digging, or other vegetation disturbance activities are restricted. These areas have been established to mitigate the environmental impacts of a previous project and should be avoided. If the areas cannot be avoided, contact MoDOT’s Environmental Section.&lt;br /&gt;
&lt;br /&gt;
==643.1.5 Bridge Attachment Policy==&lt;br /&gt;
No utility facility will be permitted in or on a structure carrying an interstate or other freeway unless it is part of a federal requirement or for MoDOT’s use. When the structure carries any other road type and no other practical means exists for the crossing, wires (communication, electrical, fiber, or metal) will be permitted. Electrical lines must be located to cause minimum exposure to MoDOT maintenance personnel and the public. Pressurized pipelines for gas or other petroleum products and water and all sewer lines are prohibited on all structures due to the risks associated with their failure.&lt;br /&gt;
&lt;br /&gt;
===643.1.5.1 Agreement===&lt;br /&gt;
An agreement is required for all utility facilities attached to any structure. A charge will be made for the increased maintenance costs involved. This fee is set by the Bridge Division. When permitted, a 50-year occupational agreement is executed with the utility owner. Agreement BR04 Utility Attachment Agreement is used when an attachment is added to a bridge during its construction. Agreement BR09 Bridge Attachment Agreement is used when an attachment is added to an existing bridge.&lt;br /&gt;
&lt;br /&gt;
===643.1.5.2 Requests===&lt;br /&gt;
Requests to attach facilities to structures is a multi-step process. Bridge Division is responsible for approval of the bridge attachment. If at any point in the process, Bridge Division determines the attachment to be unacceptable, a reason is to be provided.&lt;br /&gt;
&lt;br /&gt;
To start, the utility owner submits a conceptual request to the district utilities staff. The conceptual request consists of an explanation of the proposal; a general location sketch (i.e., which side of the bridge); and details on the facility, length, and weight per foot when full. The district utilities staff should work with all relevant district personnel including the District Bridge Engineer in reviewing and recommending the attachment. The district utilities staff will submit the recommended details to the Bridge Division to determine the applicable costs including future maintenance costs and for attachments to new bridges, design and construction. Once the Bridge Division has determined the cost, the district utilities staff shares the cost with the utility owner for their concurrence with furthering the process. For new bridges, if the utility owner concurs with the costs, the district utility staff will prepare the BR04 Agreement for execution by the utility owner and the Commission. MoDOT will be responsible for the design and construction of attachments to new bridges. For existing bridges, the district utilities staff will forward the applicable as-built bridge plans to the utility owner for its use in designing the bridge attachment. The utility owner will provide detailed design drawings, signed and sealed by a professional engineer in the State of Missouri, to the district utilities staff for review. The district utilities staff should work with all relevant district personnel, including the District Bridge Engineer, in reviewing and recommending the details of the attachment to the Bridge Division. Once Bridge Division approves, the Bridge Division will prepare the BR09 Agreement for execution by the utility owner and the Commission. The utility owner is responsible for the construction of attachments to existing bridges. A flow chart, [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_7_BridgeAttachementProcess_AOD.pdf EPG Figure 643.1.7], of the process is available.&lt;br /&gt;
&lt;br /&gt;
Payment from the utility owner for the attachment will be sent to Financial Services by district utilities staff. For BR04 agreements, district utilities staff should discuss with Financial Services how to get the payment credited to the project constructing the attachment. For BR09 agreements, district utilities staff should copy Bridge Division on correspondence with Financial Serves. Checks should be made payable to Director of Revenue, Credit State Road Fund.&lt;br /&gt;
&lt;br /&gt;
For requests from government entities such as cities, counties, and other municipalities, the requested information should be submitted to Bridge Division as described above. However, the district utilities staff will take the lead in preparing the DE10 County Agreement or DE11 Municipal Agreement, as applicable, with input from Bridge Division and Bridge Maintenance. All fees are waived for government entities.&lt;br /&gt;
&lt;br /&gt;
===643.1.5.3 Considerations===&lt;br /&gt;
The following considerations are made in determining the acceptability of a bridge attachment. Unique situations will be discussed with the Bridge Division as required.&lt;br /&gt;
&lt;br /&gt;
====643.1.5.3.1 Bridge Asset Management Program====&lt;br /&gt;
Requests for bridge attachments should be reviewed for consistency with the district’s upcoming bridge asset management program needs. If a structure is due for rehabilitation or replacement in the near future, information should be provided to the utility owner indicating existing remaining life of the bridge. In some instances, it may be in MoDOT’s best interest to deny the request for attachment outright. In some instances, the utility owner may still choose to pursue the short-term attachment to the existing structure. In almost all cases, the utility owner is responsible for the cost of removing and/or relocating their utility facilities for a necessary repair, widening, improvement or reconstruction of the structure. Review existing agreements for cost responsibility for current attachments.&lt;br /&gt;
&lt;br /&gt;
====643.1.5.3.2 Aesthetics====&lt;br /&gt;
In reviewing a request for a bridge attachment, how the structure is viewed by the public will be considered. For example, is the structure over a scenic stream that is extensively used by canoeists, or does the structure span a road that may provide access to a park, campgrounds, or boat launching facilities? Is the structure a grade separation where the motoring public will see the attachment before they pass under it?&lt;br /&gt;
&lt;br /&gt;
====643.1.5.3.3 Method of Attachment====&lt;br /&gt;
In order to maintain structural integrity of any structures the following requirements will apply for attachments.&lt;br /&gt;
&lt;br /&gt;
=====643.1.5.3.3.1 Welding=====&lt;br /&gt;
Welding of hardware to structural steel members (i.e., flanges, webs, stiffeners, and diaphragms) whether in tension or compression is not permitted.&lt;br /&gt;
&lt;br /&gt;
=====643.1.5.3.3.2 Drilling=====&lt;br /&gt;
Drilling holes in any structural steel member is not permitted. Drilling holes for anchors into any prestressed concrete member is not permitted. Although permitted, drilling holes for anchors into the underside of bridge decks must be done with caution. It is recommended all anchors be installed to miss deck reinforcing steel. Generally, drilling into decks will not be allowed where sonotubes were used (voided slab bridges). The depth of the holes should be such that breaking out of the concrete on the top side of the deck does not occur.&lt;br /&gt;
&lt;br /&gt;
=====643.1.5.3.3.3 Corrosion=====&lt;br /&gt;
Attachment hardware will be new, properly coated to prevent corrosion or be of a non-corrosive material, and be designed to support the facility.&lt;br /&gt;
&lt;br /&gt;
====643.1.5.3.4 Location====&lt;br /&gt;
In general, attachments are made on the underneath side of the bridge deck. The condition of the bridge deck will dictate the location of the attachment supports. An exception may be attachments to trusses or other overhead structures.&lt;br /&gt;
&lt;br /&gt;
Attachments that may require manholes in bridge decks are not allowed.&lt;br /&gt;
&lt;br /&gt;
When attachments are required to structures over streams that may carry large drifts, they must be attached to the downstream side of the structure and above the lowest superstructure element. It is preferred to locate the attachment on the outside of the exterior girder. If aesthetics are a concern, a better appearance can be achieved by having the attachment made to the inside of the exterior girder and above the bottom of the lower flange to hide the conduit and the attaching hardware.&lt;br /&gt;
&lt;br /&gt;
Placement of utilities must not prevent the removal of old paint, the application of new paint on superstructure steel, or cause debris buildup, which could cause structural deterioration.&lt;br /&gt;
&lt;br /&gt;
====643.1.5.3.5 Construction and Maintenance====&lt;br /&gt;
If the attachment cannot be built while maintaining one (1) lane of traffic on the structure, it will not be allowed.&lt;br /&gt;
&lt;br /&gt;
Construction procedures that severely impact traffic may factor into the allowable location of the attachment on the structure.&lt;br /&gt;
&lt;br /&gt;
When scaffolding is to be attached or supported by bridge rails, bridge superstructure, or bridge substructure, the procedures for construction of the attachment must be reviewed.&lt;br /&gt;
&lt;br /&gt;
The utility owner or local entity will pay for, or be responsible for, the painting of the attachment, if necessary, when the bridge requires painting.&lt;br /&gt;
&lt;br /&gt;
==643.1.6 Private Lines==&lt;br /&gt;
Private lines are permitted to cross the right of way of a highway in the same manner as outlined for all utility facilities in above sections of this article. Parallel installations along the right of way of a highway are not permitted. Special conditions at a specific location that make adherence to this policy impractical will be submitted to the Chief Engineer for consideration of an acceptable alternative. In certain situations, it may be necessary to obtain approval from the Federal Highway Administration (FHWA) before approval to use the alternative can be given to the private utility owner.&lt;br /&gt;
&lt;br /&gt;
==643.1.7 Water and Sewer Separations==&lt;br /&gt;
The Missouri Department of Natural Resources (MoDNR) Safe Drinking Water Commission via 10 CSR 60-10 and Clean Water Commission via 10 CSR 20-8 govern the design of water and sewer lines in the vicinity of one another. Basic criteria are outlined below for information, and details are contained within the regulations. MoDOT is not responsible for providing or acquiring adequate right of way for utility owners to comply with MoDNR requirements.&lt;br /&gt;
&lt;br /&gt;
===643.1.7.1 Water and Sewer Separations===&lt;br /&gt;
====643.1.7.1.1 Horizontal====&lt;br /&gt;
Sanitary and storm sewers are to be laid at least ten feet (10’) horizontally measured from outside edge to outside edge from any existing or proposed water main. In cases where it is not practical to maintain ten feet (10’) of separation, installation of the water main closer to the sewer is acceptable where the water main is installed in a separate trench or on an undisturbed earth shelf located on one (1) side of the sewer at an elevation so the bottom of the water main is at least eighteen inches (18”) above the top of the sewer.&lt;br /&gt;
&lt;br /&gt;
===643.1.7.2 Crossings===&lt;br /&gt;
Water mains are to be laid to provide a minimum vertical distance of eighteen inches (18”) vertically measured outside edge to edge from sanitary or storm sewers. This is the case whether the water main is above or below the sewer. One (1) full length of water pipe must be located so both joints will be as far from the sanitary or storm sewer line as possible. Special structural support for the water main or sanitary or sewer main may be required.&lt;br /&gt;
&lt;br /&gt;
===643.1.7.3 Exception===&lt;br /&gt;
When it is impossible to obtain proper horizontal and vertical separation as stipulated, the sewer will be designed and constructed equal to water pipe and will be pressure-tested to assure it is watertight prior to backfilling.&lt;br /&gt;
&lt;br /&gt;
===643.1.7.4 Water Supply Interconnections===&lt;br /&gt;
No physical connection is permitted between a public or private potable water supply system and any sanitary or storm sewer or appurtenance that would permit the passage of any sewage or polluted water into the water supply. No water pipe is permitted to pass through or come in contact with any part of a sanitary sewer manhole.&lt;br /&gt;
&lt;br /&gt;
===643.1.7.5 Water Works Structures===&lt;br /&gt;
Sewers are not permitted to be installed within fifty feet (50’) in any direction from any existing or proposed public water supply well or other water supply sources or structures.&lt;br /&gt;
&lt;br /&gt;
==643.1.8 Variances==&lt;br /&gt;
Occasionally, it is impractical to locate a utility facility in accordance with requirements outlined in this article. MoDOT may consider a utility owner’s request for a variance from these requirements on a case-by-case basis. The utility owner should complete a [https://epg.modot.org/forms/general_files/DE/UtilityVarianceApprovalForm.docx Utility Variance Approval Form] to be submitted to MoDOT for consideration. Variances on the Interstate System require approval of the Federal Highway Administration (FHWA). A flow chart, [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_8_VarianceApprovalProcess.pdf EPG Figure 643.1.8], of the variance process is available.&lt;br /&gt;
&lt;br /&gt;
A variance will not be permitted just for the convenience of the utility owner. The utility owner requesting a variance must provide all necessary information to properly evaluate if a variance should be approved. For example, a utility owner requesting a variance because “the utility corridor is full” must explore all reasonable options. It is suggested that the requestor pothole the existing utility corridor to confirm the location of existing utility facilities and provide that data to support the need to locate outside of the utility corridor due to its congestion.&lt;br /&gt;
&lt;br /&gt;
===643.1.8.1 Variance Process===&lt;br /&gt;
Any utility owner of a public utility facility may apply for a variance. The process for requesting a variance is as follows:&lt;br /&gt;
&lt;br /&gt;
====643.1.8.1.1 Submittal Requirements====&lt;br /&gt;
Utility owners submit to the district utilities staff a written request for a variance using the [https://epg.modot.org/forms/general_files/DE/UtilityVarianceApprovalForm.docx Utility Variance Approval Form]. The utility owner must clearly show the provision(s) or guideline(s) for which the variance is being requested; the condition(s) which the utility owner believes warrant(s) the granting of a variance; a thorough explanation of the reason(s) for the requested variance, including sufficient and appropriate documentation of safety, aesthetic, or constructability constraints that would be adverse to the function, access, or maintenance of the utility facility and not in the best interest of the public.&lt;br /&gt;
&lt;br /&gt;
====643.1.8.1.2 MoDOT Consideration of Variance Request====&lt;br /&gt;
The utility owner bears full responsibility for demonstrating to MoDOT’s satisfaction that the variance is the most appropriate way to serve the public interest. MoDOT may present to the utility owner and the utility owner must consider reasonable alternatives to the variance requested by the utility owner. In determining whether to grant a variance, district utilities staff will consider all relevant factors including, but not limited to: the requested variance is reasonably necessary for the convenience, safety, health, and/or welfare of the public; there is an exceptional or undue burden or hardship on the specific applicant; a physical impracticability that would result from the applicant’s adherence to the normal location requirements; and the requested variance will not impair the safe construction, maintenance, operation, and safety of public travel on the highway. District utilities staff may consult with the Design Liaison Engineer in evaluating variances.&lt;br /&gt;
&lt;br /&gt;
====643.1.8.1.3 Approval of Variances====&lt;br /&gt;
Once district utilities staff have agreed to accept a variance proposed by the utility owner, the [https://epg.modot.org/forms/general_files/DE/UtilityVarianceApprovalForm.docx Utility Variance Approval Form] and all supporting documentation is sent to the District Design Engineer (DDE) for approval. If a variance is on interstate right of way, the DDE-signed Variance Request Form and all supporting documentation is forwarded to the Design Liaison Engineer who will forward to FHWA for their concurrence.&lt;br /&gt;
&lt;br /&gt;
====643.1.8.1.4 Variance Appeal Informal Hearing====&lt;br /&gt;
If denied a variance, the utility owner has thirty (30) calendar days to request an informal hearing for the purpose of appealing the denial. Requests must be made in writing to the State Design Engineer, Missouri Department of Transportation, P.O. Box 270, Jefferson City, MO 65102. If the utility owner requests an informal hearing, MoDOT’s authorized representative will advise the applicant of the time, date, and place of the hearing. The hearing is not a contested case under RSMo 536. The rules of evidence will not apply at the hearing, and MoDOT’s decision after the conduct of the hearing is not subject to further appeal.&lt;br /&gt;
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==643.1.9 Excess Right of Way==&lt;br /&gt;
Prior to conveyance of excess right of way, the status of utility facilities within said parcel must be addressed. See [[236.5_Property_Management#236.5.12_Excess_Land_Conveyances_&amp;amp;_Relinquishments_–_Regulated_Utilities|EPG 236.5.12]].&lt;br /&gt;
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==643.1.10 Broadband==&lt;br /&gt;
Broadband development in the state of Missouri is handled by the Department of Economic Development (DED). MoDOT shares its approved Statewide Transportation Improvement Program (STIP) project list with DED. All MoDOT policies related to placement of utility facilities within Commission right of way as outlined in this EPG 643.1 are to be followed.&lt;br /&gt;
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&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643.2 Utilities in Program Delivery &#039;&#039;PAGE TITLE&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt; &lt;br /&gt;
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==643.2.1 Introduction==&lt;br /&gt;
Improvements to the highway system often require negotiation between the Commission and a city, a county, or a public or private utility owner. The Commission’s district utilities staff is responsible for coordination of highway improvement projects with the utility owner’s representative. The impact to a utility, the responsibility for the cost of adjustments necessary to allow highway construction, the plan of adjustment of the utility, the responsibility of performance of work on utility facilities, and the schedule of the utility adjustment are all items that vary depending on the project and should be investigated and negotiated to ensure highway improvement projects are delivered on-time and on-budget. These should comply with Commission policy. A [https://epg.modot.org/forms/general_files/DE/flowchart.pdf flowchart] outlining all the utility adjustment processes (reimbursable and non-reimbursable relocations, Master Reimbursable Utility Agreements and Project Specific Agreements, etc.) are available in the list of figures at the top of the page. These processes will not always be in combination, but each should be considered with each project.&lt;br /&gt;
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The district utilities staff, in conjunction with the Transportation Project Manager (TPM), is expected to invite and encourage participation of utility owner representatives in MoDOT project meetings as needed.&lt;br /&gt;
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When a project involves utility adjustments for which the Commission is responsible for costs, the TPM should program the costs of the utility adjustments as non-contractual construction costs in the STIP Information Management System (SIMS).&lt;br /&gt;
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==643.2.2 Annual Utility Meeting==&lt;br /&gt;
Each district should hold an annual meeting with utilities to discuss current STIP projects in the district. The annual meeting should be held during each year&#039;s STIP preparations, ideally between January and May. All utility owners that have utility facilities in the district should be invited. The intent is to provide the utility owners with an idea of upcoming projects to allow them the opportunity to plan and budget for potential adjustments of their utility facilities, identify both MoDOT and utility roadblocks, and develop action plans to complete utility adjustments better, faster, and cheaper.&lt;br /&gt;
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==643.2.3 Determination of Existing Utilities==&lt;br /&gt;
District utilities staff should determine the appropriate level of effort needed to accurately identify existing utilities within the footprint of a proposed highway construction project. Aboveground utilities are easily identifiable via field checks; however, determination of the precise location of underground utilities can be more challenging and time consuming. Therefore, the district utilities staff should balance the risk of conflict with the highway construction project against the level of effort needed to determine the location.&lt;br /&gt;
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The level of effort on mapping utilities is dependent on the scope of the project and the potential for utilities having an impact on the construction of the project. The project schedule should include the time to complete this task accurately. The time and effort necessary for having accurate locates requires close interaction with the utility locators. Early contact with utility owner representatives may be necessary to accurately locate underground utility facilities.&lt;br /&gt;
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Various methods of determining existing underground utilities result in different levels of quality. ASCE Standard 38 Standard Guidance for Investigating and Documenting Existing Utilities classifies four levels of quality:&lt;br /&gt;
:1. Quality Level D: QL-D is the most basic level of information for utility locations. It comes solely from existing utility records or verbal recollections, both typically unreliable sources. It may provide an overall &amp;quot;feel&amp;quot; for the congestion of utilities but is often highly limited in terms of comprehensiveness and accuracy. QL-D is useful primarily for project planning and route selection activities.&amp;lt;br&amp;gt;&lt;br /&gt;
: ● Missouri 811 or “private-locate” markings are to be considered to be QL-D.&lt;br /&gt;
:2. Quality Level C: QL-C is probably the most used level of information. It involves surveying visible utility facilities (e.g., manholes, valve boxes, etc.) and correlating this information with existing utility records (QL-D information). When using this information, it is not unusual to find that many underground utilities have been either omitted or erroneously plotted. Therefore, its usefulness is primarily on rural projects where utilities are not prevalent or are not too expensive to repair or relocate.&lt;br /&gt;
:3. Quality Level B: QL-B involves the application of appropriate surface geophysical methods to determine the existence and horizontal position of virtually all utilities within the project limits. This activity is called &amp;quot;designating&amp;quot;. The information obtained in this manner is surveyed to project control. It addresses problems caused by inaccurate utility records, abandoned or unrecorded utility facilities, and lost references. The proper selection and application of surface geophysical techniques for achieving QL-B data is critical. Information provided by QL-B can enable the accomplishment of preliminary engineering goals. Decisions regarding location of storm drainage systems, footers, foundations, and other design features can be made to avoid conflicts with existing utilities. Slight adjustments in design can produce substantial cost savings by eliminating utility relocations.&lt;br /&gt;
:4. Quality Level A: QL-A, also known as &amp;quot;locating or potholing&amp;quot;, is the highest level of accuracy presently available and involves the full use of the subsurface utility engineering services. It provides information for the precise plan and profile mapping of underground utilities through the nondestructive exposure of underground utilities, and provides the type, size, condition, material, and other characteristics of underground features.&lt;br /&gt;
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For projects with scopes that have potential for utility conflicts, the minimum level of effort required is SUE Quality Level D. Locations of existing utilities are determined by requesting locates through Missouri 811, also known as the “One-Call” process. Missouri 811 locating requests should be carefully considered for the scope of work of the project. When necessary, the location of existing utilities should be established by a field survey of locate markings and features and shown on the roadway plans. Higher level SUE Quality Levels can be used on any project. Adjustment cost savings, whether to the MoDOT or to the utility owner, are beneficial to the taxpayer. Good SUE projects are typically urban in nature, or in congested areas, where the project footprint is to be minimized, or anytime accurate vertical and horizontal location of the utility facility might allow a design to avoid the utility facility thus preventing the need for the adjustment. The SUE process combines civil engineering, surveying, and geophysics. It utilizes several technologies, including vacuum excavation and surface geophysics.&lt;br /&gt;
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When proposed excavation or installation of subsurface features (drainage, equipment bases, etc.) falls within three feet (3’) of a marked Missouri 811 line, soft digging (hand digging, potholing, vacuum methods, pressurized air/water jetting, pneumatic hand tools, etc.) is required to more exactly locate the utility facility both horizontally and vertically. Utility facilities present within the right of way by permit, should be investigated by the utility owner. Utility facilities that would be reimbursable or partially reimbursable as defined in EP 643.2.8 will be investigated by MoDOT.&lt;br /&gt;
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==643.2.4 Conflict Determination==&lt;br /&gt;
Determination of whether a conflict exists between an existing utility facility and a proposed highway improvement project should occur at the earliest possible stage of project development. A conflict may be the result of the physical interaction between the roadway infrastructure and utility facility, a reduction in cover or increase in fill over underground utilities, a reduction in horizontal clearance whether above or below ground, a reduction in overhead vertical clearance, paving over utilities, or restricting a utility owner’s access to its utility facilities. District utilities staff should work with utilities to determine if a conflict exists and the appropriate plan of adjustment to remedy the conflict. The adjustment to the utility may be a relocation or another measure that protects the utility or access to the utility from the proposed highway improvement project. Determination of a conflict needs to be continually re-evaluated as the project design progresses. Continuing coordination is essential.&lt;br /&gt;
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==643.2.5 Utility Plan of Adjustment==&lt;br /&gt;
===643.2.5.1 Request for Plan of Adjustment===&lt;br /&gt;
District utilities staff will request a plan of adjustment from utility owners whose utility facilities are in conflict with a proposed highway project. The plan of adjustment may consist of efforts to relocate the utility or otherwise protect a utility from the impacts of the proposed highway project. Utilities are shown on the roadway plan and profiles sheets that are furnished to utility owners for use in planning required utility adjustments. Any other sheets such as drainage, traffic signal, lighting, or ITS plans that show impacts to a utility facility should also be provided to the utility owners. All adjustments, reimbursable or not, require a plan of adjustment furnished by the utility owner.&lt;br /&gt;
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A transmittal letter is included in the request for a plan of adjustment. The letter informs the utility owner that regardless of whether an adjustment is reimbursable, no physical adjusting or relocating of their utility facilities to accommodate the proposed highway improvement is to be performed without specific approval and authorization. Additionally, if any part of the adjustment has the potential to be reimbursable, they are advised:&lt;br /&gt;
# They may undertake preliminary engineering by their own forces upon approval by district utilities staff of the estimated costs of preliminary engineering.&lt;br /&gt;
# They may employ a consultant to do the PE work provided they request and obtain prior approval. See [[#643.2.6_Preliminary_Engineering_Requirements|EPG 643.2.6 Preliminary Engineering Requirements]].&lt;br /&gt;
# Any preliminary engineering costs accrued prior to the date of written authorization to proceed will not qualify for reimbursement.&lt;br /&gt;
# Replacement right of way or easements cannot be purchased without specific approval and authorization.&lt;br /&gt;
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===643.2.5.2 Proposed Plan of Adjustment===&lt;br /&gt;
Developing a plan of adjustment is a multi-step process. The utility owner will propose a conceptual approach to adjusting the utility facilities to allow highway construction. This conceptual approach is used as the basis for determining cost responsibility, estimate of costs for preliminary engineering and construction, developing the agreement if necessary, and final design of the adjustment. Negotiations between district utility staff and the utility owner’s representative can result in changes to the design throughout the process.&lt;br /&gt;
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Final plans of adjustment must contain a legend on the first sheet identifying the utility symbols used. They must also show the existing utility facilities and their disposition, the location of the new or adjusted utility facilities, the existing and new right of way lines, the limited or fully controlled access symbols (where applicable), the existing and proposed roadways, ramps, and outer roadways and any other pertinent roadway information. They must contain sufficient details concerning location, elevation, compaction, clean up, etc. to provide for the proper adjustment of the utility facility. Relocated and/or existing utility facilities that will remain in place must be dimensioned or indicated in a manner to show their location in respect to the right of way lines. It is preferred that the utility owner transmits the plan of adjustment by electronic deliverables in a format that can be incorporated into the roadway plans. This will reduce the time and effort necessary as well as increase the accuracy of transferring this information into the roadway plans.&lt;br /&gt;
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Plans of adjustment received from the utility owner are to be checked for compliance with MoDOT’s requirements ([[#643.1_Utilities_Location|EPG 643.1 Utility Location]]) by the district utilities staff. They are also checked to ensure compatibility with the roadway design. Any continuing conflicts are resolved through negotiations with the utility owner.&lt;br /&gt;
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Occasionally, it is impractical to perform a utility adjustment in accordance with MoDOT’s requirements. Sometimes the utility may request approval of a plan of adjustment that does not conform to these requirements. Deviation from MoDOT’s utility requirements is a variance. Refer to [[#643.1.8_Variances|643.1.8 Variance Process]] for additional guidance.&lt;br /&gt;
The final plan of adjustment is included as Exhibit “A” to the agreement ([[#643.2.12_Utility_Agreements|EPG 643.2.12 Agreements]]).&lt;br /&gt;
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==643.2.6 Preliminary Engineering Requirements==&lt;br /&gt;
Preliminary engineering (PE) can be performed one of four ways for utility adjustments:&lt;br /&gt;
# The utility owner can use its own engineering forces.&lt;br /&gt;
# MoDOT can select an engineering consultant, after consultation with the utility owner, and the consultant contract will be administered by MoDOT.&lt;br /&gt;
# The utility owner can select an engineering consultant, with approval by MoDOT, and the consultant contract will be administered by the utility owner.&lt;br /&gt;
# If a utility adjustment is being included in a MoDOT administered construction contract, the preliminary engineering of the adjustment can be provided by MoDOT.&lt;br /&gt;
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For reimbursable utility adjustments, the amount paid to engineers, architects, and others for required engineering and allied services can be included in reimbursement amount provided such amounts are not based on a percentage of the costs of the necessary adjustments to allow highway construction. Reimbursement is available for contracts executed after solicitation of a consultant for the specific adjustment or existing continuing contracts when it is demonstrated that such work is performed regularly for the utility owner in its own work and that the costs are reasonable.&lt;br /&gt;
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A [https://epg.modot.org/forms/general_files/DE/UtilityConsultantContractChecklist.docx checklist is available for reviewing consultant-engineering contracts] to ensure the contract conforms to MoDOT policy and complies with applicable federal regulations. District utilities staff should use the checklist to review contracts and may consult with Audits and Investigations Division as necessary. The procedures in 23 CFR part 172, Administration of Engineering and Design Related Service Contracts may be used as a guide for reviewing proposed consultant contracts. [[:LPA:136.4_Consultant_Selection_and_Consultant_Contract_Management|EPG 136.4 Consultant Selection and Consultant Contract Management]] may also be used as a guide.&lt;br /&gt;
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===643.2.6.1 Solicited Consultant Contracts===&lt;br /&gt;
If solicitation of PE services is required for reimbursable utility adjustments, the utility owner must provide the following documents and information to district utilities staff. These documents need to be provided as soon as the utility owner has chosen to solicit a consultant. Document 1 must be supplied by all utility owners. Documents 2 and 3 are only required when the utility owner is a local government agency who is also a political subdivision of the state of Missouri (e.g., city-owned utilities, county-owned utilities). All other utility owners are encouraged, but not required, to provide Documents 2 and 3:&lt;br /&gt;
# A statement that the utility owner is not staffed or able to perform the required PE services with its own forces.&lt;br /&gt;
# Provide the names of at least three (3) consultants considered.&lt;br /&gt;
# The criteria used to evaluate each consultant and reasons why the selected consultant was selected.&lt;br /&gt;
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The following documents need to be provided as soon as the utility owner has successfully negotiated and entered into a contract with the consultant:&lt;br /&gt;
# The name and address of the selected consultant.&lt;br /&gt;
# A statement that the &amp;quot;[https://epg.modot.org/forms/general_files/DE/CertificationOfConsultant.docx Certification of Consultant]&amp;quot; will be furnished immediately upon award of the contract to the consultant.&lt;br /&gt;
# One executed copy of the proposed engineering contract or agreement between the utility owner and consultant, only if the engineering will exceed $5,000.00.&lt;br /&gt;
# The consultant&#039;s fixed (lump sum) or estimated fee (actual cost) and the contract maximum.&lt;br /&gt;
# A cost summary providing a detailed breakdown of the basis for the consultant&#039;s compensation, including estimated labor hours, hourly rates for each classification, overhead rate (if used), the amount of profit charged, and any other estimated charges such as travel expenses, equipment rentals, etc. If an overhead rate is used, the consultant must also submit the supporting overhead rate calculations.&lt;br /&gt;
# An independent cost estimate of engineering services provided by the utility owner to use in comparison to the consultant’s proposed engineering services to check for cost reasonableness.&lt;br /&gt;
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===643.2.6.2 Continuing Consultant Contracts===&lt;br /&gt;
When a utility owner chooses to use an existing continuing contract for PE services, the utility owner must provide the following documents and information to the district utilities staff as soon as possible.&lt;br /&gt;
# A statement that the utility owner is not staffed or able to perform the engineering with its own forces.&lt;br /&gt;
# The name and address of the consultant under the existing continuing contract.&lt;br /&gt;
# A statement that the &amp;quot;[https://epg.modot.org/forms/general_files/DE/CertificationOfConsultant.docx Certification of Consultant]&amp;quot; will be furnished.&lt;br /&gt;
# A copy of the continuing contract to the district utilities staff. The district utilities staff will review the contract for reasonableness of cost.&lt;br /&gt;
# The consultant&#039;s fixed (lump sum) or estimated fee (actual cost) and the contract maximum for the work associated with the utility adjustment.&lt;br /&gt;
# A cost summary providing a detailed breakdown of the basis for the consultant&#039;s compensation, including estimated labor hours, hourly rates for each classification, overhead rate (if used), the amount of profit charged, and any other estimated charges such as travel expenses, telephone, etc. If an overhead rate is used, the consultant must also submit the supporting overhead rate calculations.&lt;br /&gt;
# An independent cost estimate of engineering services provided by the utility owner to use in comparison to the consultant’s proposed engineering services to check for cost reasonableness.&lt;br /&gt;
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===643.2.6.3 Consultant Contract Changes===&lt;br /&gt;
If a PE services contract between a utility owner and a consultant needs to be revised, a copy of the revised contract, fee, and schedule should be submitted by the utility owner to the district utilities staff prior to allowing for contract changes. District utilities staff should review the contract changes to ensure the revised contract conforms to MoDOT policy and complies with applicable federal regulations.&lt;br /&gt;
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==643.2.7 Environmental and Right of Way==&lt;br /&gt;
===643.2.7.1 Utilities and Environmental Clearances===&lt;br /&gt;
District utilities staff should coordinate with the TPM and utility owner’s representative to understand and communicate on known environmental and cultural constraints that could impact a utility owner’s plan of adjustment. This will allow the utility owner to consider permitting timelines and alternatives that avoid environmental or cultural resources to keep the project on schedule.&lt;br /&gt;
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One strategy to make project delivery more efficient and ensure regulatory compliance is for MoDOT to obtain the environmental and cultural resource permits and clearances for the utility owners associated with a roadway improvement while obtaining its own. This would generally only be for the permits and regulatory clearances MoDOT already needs to pursue as a part of the transportation improvement.&lt;br /&gt;
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District utilities staff should coordinate with the utility owner’s representative early in the project timeline to determine if it is in the best interest of both MoDOT and the utility owner to obtain permits and environmental clearances jointly. The following strategies can be utilized to determine if a joint approach to environmental work should be pursued:&lt;br /&gt;
* If utility facilities are moving to a location within or immediately adjacent to MoDOT right of way, a utility owner may be invited to participate in permitting and environmental compliance activities.&lt;br /&gt;
* If utilities move to a location not within or adjacent to MoDOT right of way, the utility company would not normally be invited to participate in permit applications and environmental compliance activities. However, some unique projects may necessitate further attention and should be discussed with the Design Liaison Engineer.&lt;br /&gt;
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If MoDOT and the utility owner agree to obtain joint permits and clearances, written communication between the utility owner’s representative and the district utilities staff should document the following items:&lt;br /&gt;
* List of the permits and clearances that MoDOT will acquire on behalf of the utility owner.&lt;br /&gt;
* List of the information needed from the utility owner in order for MoDOT to acquire the permits and clearances.&lt;br /&gt;
* Schedule and deadlines for submittal of the information by the utility owner. For example: utility plans, fill quantities, construction methods, dates, or seasons of construction.&lt;br /&gt;
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Permits and clearances that may be needed by both a utility owner and MoDOT include:&lt;br /&gt;
* [[127.7_Threatened_and_Endangered_Species|Endangered Species Act consultation and clearance]]&lt;br /&gt;
* [[127.2_Historic_Preservation_and_Cultural_Resources#127.2.1.1_Historic_Preservation_Regulations_and_Laws|Section 106 of the National Historic Preservation Act clearance]]&lt;br /&gt;
* [[127.10_Section_4(f)_Public_Lands|Section 4(f) clearance]]&lt;br /&gt;
* [[127.10_Section_4(f)_Public_Lands#127.10.1.4_Section_6(f)_Laws_and_Regulations|Section 6(f) of the Land and Water Conservation Fund Act clearance]]&lt;br /&gt;
* [[127.4_Wetlands_and_Streams|Section 401 and Section 404 of the Clean Water Act permits]]&lt;br /&gt;
* [[:Category:806_Pollution,_Erosion_and_Sediment_Control#806.1_Introduction_(see_Sec._806)|Section 402 of the Clean Water Act permit (State Operating Permit for Erosion Control)]]&lt;br /&gt;
* [[127.8_Hazardous_and_Solid_Waste|Recommendations on contaminated soil disposition]]&lt;br /&gt;
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===643.2.7.2 Right of Way Acquisition and Utilities===&lt;br /&gt;
The Commission is obligated to acquire the width of right of way required by the design of the highway improvement. For utility facilities currently located within the Commission’s right of way, this includes the necessary space for the utility facilities impacted by the design of the highway improvement. Either additional right of way width to accommodate a utility corridor or a utility easement can be obtained for the relocation of utility facilities. When drainage easements are acquired along a channel, additional space for utility facilities should be considered to avoid conflicts between the utility facility and the bridge or culvert.&lt;br /&gt;
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District utilities staff should inform the utility owner’s representative of the potential of a conflict between an existing utility facility and a proposed highway construction project early in the project development process to allow sufficient time for the utility owner to prepare a plan of adjustment and notify the district utilities staff of any easement needs. When utility facilities are located on a utility owner’s private easement, the utility owner may obtain its own new easements. If the utility owner is not in a position to negotiate for new easements or if the utility owner’s policies will not permit it to condemn property to obtain the easement, MoDOT can acquire the easement in the same manner roadway right of way is obtained. The district utilities staff should verify the utility owner is aware of the opportunity to have MoDOT acquire the easement, and the utility owner should provide written documentation on whether the utility owner would like to pursue this option with MoDOT.&lt;br /&gt;
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For situations where the utility owner will obtain its own replacement right of way and the cost of the adjustment is MoDOT’s responsibility, the utility right of way cost should be reviewed by the district right of way department to ensure the cost is reasonable and acquisition followed state and federal regulations. In order to expedite utility adjustments necessary to allow highway construction, the district utility staff may authorize the utility owner to obtain easements prior to all details of a plan of adjustment being developed. In this situation, the district utilities staff should ensure enough details are known to justify the needed right of way, and an agreement for right of way costs only should be executed with the utility owner.&lt;br /&gt;
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For situations where MoDOT will obtain the right of way necessary to allow highway construction, district utility staff should negotiate with the utility owner’s representative to ensure all necessary utility easements are shown on the approved right of way plans. The TPM should confirm with district utilities staff that the right of way plans accurately reflect the needs of the utility owners prior to requesting right of way plan approval. The district Right of Way Manager should confirm with district utilities staff before requesting an acquisition date (A-date). Every effort should be made to avoid adding utility easement requests once negotiations with property owners have begun.&lt;br /&gt;
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Occasionally, when negotiations cannot be completed for easements for the adjustment of utility facilities, it may be necessary to condemn for the property. District utilities staff should coordinate with the utility owner’s representative to ensure no alternate design for the adjustment of the utility facility is practical. The decision to condemn for easements for the adjustment of the utility facilities requires the exercise of good judgment in reaching the conclusion that further good faith negotiations are futile and condemnation is necessary to maintain the project in the scheduled letting. The TPM should coordinate with the district utilities staff and district Right of Way (RW) personnel on the condemnation proceedings.&lt;br /&gt;
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Easement and other right of way documents used with utility owners are handled in accordance with procedures established jointly with RW and district utilities staff. District survey staff prepare the land descriptions for use in utility easements. The district utilities staff is responsible for completion of the easements in the correct form and scope. A sketch delineating the area described is attached to the easement as Exhibit “A”. Communication with the Design Division will ensure use of proper forms, corporate names and locations, and particular wording required for joint ownerships. The description for a utility easement is to be referenced to the nearest land corner shown on the plans. Examples of easements can be found in the template list in [https://netprod3.dot.missouri/eAgreements/Search/QuickSearch eAgreements].&lt;br /&gt;
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In situations where MoDOT is acquiring right of way with existing utility easements, but the district utilities staff and the utility owner’s representative agree that the utility facility may remain in place, the utility owner will release the property to the Commission separate from the right of way acquisition. This is done by executing an Easement for Highway Construction (UT16). The utility owner grants and conveys, with warranty of title expressed or implied, to the Commission, the right to construct, reconstruct, and maintain a highway over and across that portion of the easement owned and held by the utility owner. In the future, the utility owner retains any reimbursable rights should future projects require adjustments to allow highway construction.&lt;br /&gt;
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==643.2.8 Cost Responsibility==&lt;br /&gt;
In addition to determining if a conflict exists between an existing utility facility and a highway improvement project, it is important to determine who is responsible for the costs of the necessary adjustments to allow highway construction. An adjustment for which the Commission is responsible for the costs is known as a reimbursable adjustment. An adjustment for which the Commission is not responsible for the costs is known as a non-reimbursable adjustment. An adjustment for which the Commission and the utility share responsibility for costs is known as a partially reimbursable adjustment. Adjustments determined to be reimbursable or partially reimbursable by the Commission are to be completed under the terms of an agreement executed between the utility owner and the Commission.&lt;br /&gt;
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===643.2.8.1 Commission Responsibility===&lt;br /&gt;
====643.2.8.1.1 Utility Facilities Located on Private Easements====&lt;br /&gt;
When the utility facility is located on a private easement within the new right of way to be acquired for a future project, the Commission is responsible for the cost of the necessary adjustments to allow highway construction. It may be possible that such easement does not have written easement rights. The Commission will honor this oral right provided acceptable documentation is provided by the utility owner to the district utilities staff. An [https://epg.modot.org/forms/general_files/DE/NonwrittenEasementRights_Example.docx example of acceptable documentation for not written easement rights] is available. Other forms of documentation will be considered on an individual basis.&lt;br /&gt;
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=====643.2.8.1.1.1 Future Moves=====&lt;br /&gt;
When the utility facility is located on a private easement, taken into the Commission’s right of way, the Commission may agree that any future moves of the same utility by Commission order may be made at the Commission’s cost. Documentation of this agreement is by an Easement for Highway Construction (UT16) agreement. If the Commission provides a substitute private easement, then the Commission will have future obligations consistent with the utility facility’s status in an easement.&lt;br /&gt;
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====643.2.8.1.2 Utility Facilities Located within Commission Right of Way====&lt;br /&gt;
When the utility facility is located within Commission right of way, but has prior land rights, the Commission is responsible for the cost of adjustments to allow highway construction. The utility owner is responsible for documenting to the satisfaction of the district utilities staff, the basis for the claim of prior land rights within Commission right of way. Time spent researching prior rights is considered coordination and is reimbursable.&lt;br /&gt;
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====643.2.8.1.3 City or County Utility Facilities on City or County Streets====&lt;br /&gt;
When roadway improvements are within the corporate limits of cities, towns, and villages, a municipal agreement is negotiated between the Commission and the municipality. Likewise, when roadway improvements are within the limits of a county and outside the municipal limits, a county agreement is negotiated between the Commission and the County Commission. Included in these agreements are provisions regarding reimbursement for adjusting city or county owned utility facilities. Reimbursement is provided for adjustment of city or county owned utility facilities that are now located on city or county streets and not on Commission right of way.&lt;br /&gt;
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====643.2.8.1.4 Lumen====&lt;br /&gt;
Lumen – National (formerly CenturyLink, Lightcore, or Digital Telephone, Inc. (DTI)) and the Commission have entered into a partnership agreement, “Amended and Restated Fiber Optic Cable on Freeways in Missouri,” executed June 5, 2003 which obligates the Commission to be responsible for the cost of the necessary adjustments to allow highway construction along the routes identified in the agreement. A copy of the agreement is available to district utilities staff.&lt;br /&gt;
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====643.2.8.1.5 Services to the Commission====&lt;br /&gt;
When a utility facility provides a service connection to local Commission facilities such as power to traffic signals, lighting, ITS, and cathodic protection and phone drops to traffic signal controllers or other Commission facilities, the Commission is responsible for the cost of the necessary adjustments to allow highway construction.&lt;br /&gt;
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====643.2.8.1.6 Private Service Lines====&lt;br /&gt;
While most utility owners reconnect the private service lines at no cost to the property owner, some do not. If a utility owner does not reconnect service lines, MoDOT can include adjustment of private service lines in roadway contracts. Bid items for relocating service connections are provided for the different types of anticipated adjustments.&lt;br /&gt;
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====643.2.8.1.7 Second Moves====&lt;br /&gt;
If the Commission requires additional work to a utility facility after the facility has been relocated or adjusted in accordance with a plan of adjustment approved by the Commission for a single project number, the Commission is responsible for the cost of the additional work regardless of whether the initial adjustment was Commission responsibility as outlined in other parts of [[#643.2.8.1_Commission_Responsibility|643.2.8.1]].&lt;br /&gt;
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The purpose of the policy is to encourage utilities to relocate early rather than waiting until plans are published for bidding. The policy eliminates the utility having to relocate twice at its own expense because of late changes in the design. It is best to have utilities relocated prior to construction, and this policy helps achieve that goal. Therefore, it is imperative that the designer notifies district utilities staff as soon as possible of any changes made after these plans have been sent. If notified immediately, it may be possible to inform the utility owner prior to their final design thereby eliminating a second move.&lt;br /&gt;
&lt;br /&gt;
Under this policy, the following are not considered second moves. Temporary and staged relocations necessary to accommodate construction and agreed upon by the utility and the Commission prior to relocation are considered a single move and are not subject to the provisions of the second move policy. If the Commission requires adjustment of a utility facility for which the utility owner is responsible for the cost of the adjustment and was originally determined to not need adjustment, the utility owner is responsible for the cost of the adjustment. The utility owner is responsible for the cost of additional work to any portion of the utility facility after the utility facility has been adjusted in accordance with a plan of adjustment approved by the Commission if the additional work is required by the Commission due to error by the utility owner in preparation of plan of adjustment, field location of, or construction of the adjustment of the utility facility.&lt;br /&gt;
&lt;br /&gt;
When evaluating construction contract changes by change order or value engineering, the impacts of the second move policy should be considered.&lt;br /&gt;
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===643.2.8.2 Utility Owner Responsibility===&lt;br /&gt;
====643.2.8.2.1 Utility Facilities Owned and Operated by a Political Subdivision====&lt;br /&gt;
When a utility facility is located within Commission right of way, but does not have prior land rights, the utility owner is responsible for the cost of the necessary adjustments to allow highway construction. When a utility facility is located on public right of way other than Commission right of way, the utility owner is responsible for the cost of the necessary adjustments to allow highway construction.&lt;br /&gt;
&lt;br /&gt;
When a political subdivision must bear part or all the cost of adjustments to their utility facilities, and the cost creates a financial hardship, the Commission, by its authorized representative, the Chief Engineer, may temporarily assume these costs. A payback agreement with the political subdivision will include an applicable interest rate for a comparable maturity from a widely published index of tax-exempt municipal rates obtained from Financial Services. Payback time will not exceed five (5) years.&lt;br /&gt;
&lt;br /&gt;
====643.2.8.2.2 Utility Facilities Other Than Those Owned by a Political Subdivision====&lt;br /&gt;
When a utility facility is on the right of way of a public road or street or on state highway right of way without prior land rights and adjustment is necessary to allow for the construction of a roadway improvement, the utility owner is responsible for the cost of the necessary adjustments to allow highway construction.&lt;br /&gt;
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===643.2.8.3 Shared Responsibility===&lt;br /&gt;
When a utility facility is located such that portions of it are a Commission responsibility and portions of it are a utility owner responsibility by the definitions above, the costs of the necessary adjustments to allow highway construction will be split by the Commission and the utility owner. If the exact cost for each party can be determined, each party will be responsible for their portion of the cost of relocating the utility facility. If the exact cost for each party cannot be determined, the parties will arrive at a percentage reimbursement on an equitable basis.&lt;br /&gt;
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===643.2.8.4 Notice of Hearing===&lt;br /&gt;
When relocation or other difficulties with utility facilities on public right of way arise that prevent resolution by negotiation, formal hearings will be required.&lt;br /&gt;
&lt;br /&gt;
The district initiates a request for a utility relocation hearing with a letter to the Chief Counsel’s Office (CCO) (a copy is provided to the Design Division) requesting a hearing date. CCO will arrange for a hearing room, court reporter, etc. and advise the district of the hearing date.&lt;br /&gt;
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The district will prepare the notice of hearing by strictly following the given format and serve the notice on all persons and utility owners listed. The property and utility owner must be served only by personal service or by mailing a certified letter, return receipt requested, no later than 15 days before the date of hearing. This will require the district to make every effort to identify the correct property owner before preparing the notice of hearing. To avoid delays, every attempt will be made to issue the hearing notice at least 30 days prior to the hearing date in case any property has changed ownership and any additional property owners must be served. A notice of hearing on service line connections will also be served on the private or public owner of the main or distribution line to which the service lines are connected. A notarized &amp;quot;[https://epg.modot.org/forms/general_files/DE/ReportOnPersonalService.docx Report of Personal Service]&amp;quot; will be completed when notification by certified mail is not used.&lt;br /&gt;
&lt;br /&gt;
One copy of the hearing notice and attachments, &amp;quot;[https://epg.modot.org/forms/general_files/DE/ReportOnPersonalService.docx Report of Personal Service]&amp;quot; and certified mail notices are to be submitted to CCO after notification is complete.&lt;br /&gt;
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Prior to the hearing, the district&#039;s representative will become familiar with the details of the utility adjustment in order to provide concise testimony to expedite the hearing process. CCO will assign an attorney to work with the district and present the case.&lt;br /&gt;
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Refer to 7 CSR 10-3.030 020 Utility Relocation Hearings for additional information.&lt;br /&gt;
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A Waiver of Hearing should be obtained for non-reimbursable adjustments to document the commitment of the utility owner to adjust its utility facilities without adversely impacting the highway construction project. This may be accomplished informally via written communications between the district utilities staff and the utility owner’s representative. A [https://epg.modot.org/forms/general_files/DE/WaiverOfHearingForm.docx formal Waiver of Hearing statement] may be requested by either MoDOT or the utility owner. A [https://epg.modot.org/forms/general_files/DE/WaiverOfHearingLetter.docx sample transmittal letter for the Waiver of Hearing] is available. For reimbursable or partially reimbursable adjustments, the formal agreement serves as the basis of documentation of this commitment.&lt;br /&gt;
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==643.2.9 Estimates==&lt;br /&gt;
District utilities staff will negotiate with utility owners to determine reimbursable costs of the necessary adjustments to allow highway construction ([[#643.2.8_Cost_Responsibility|EPG 643.2.8 Cost Responsibility]]). These estimates are prepared in accordance with the provisions of 23 CFR 645 and any amendment thereto. These estimates must reflect the same procedures and costs used by the utility owners in their normal operations and must also accurately represent the expected costs of the work. The utility owner’s estimate will be reviewed by the district utilities staff to ensure compliance with 23 CFR 645.&lt;br /&gt;
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===643.2.9.1 Independent Cost Estimate===&lt;br /&gt;
The independent cost estimate provides the basis for district utilities staff to review the utility owner’s estimate of costs of the necessary utility adjustments to allow highway construction and any subsequent negotiations with the utility owner. The district utilities staff should prepare an independent cost estimate. The independent cost estimate may be based on unit prices of anticipated items of work in a utility adjustment necessary to allow highway construction. The independent cost estimate alternately may be based on recent similar types of utility adjustments necessary to allow highway construction and scaled for size. Consultants can be used to develop the independent cost estimate. All documentation of the independent cost estimate should be placed in MoProjects.&lt;br /&gt;
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===643.2.9.2 Type of Project Cost Estimates===&lt;br /&gt;
Either Actual Cost or Lump Sum estimates may be used for estimating the costs on the necessary utility adjustments to allow highway construction. If an Actual Cost estimate is used, detailed records of materials, labor, and equipment are made by district utilities and/or construction staff during construction, and a final audit of the utility owner’s cost records is made to determine the Commission’s actual responsibility for costs of the adjustment completed to allow highway construction. If a Lump Sum estimate is used, a final audit of costs for an adjustment in payment is not required. The Actual Cost method requires more detailed record keeping and documentation by the utility owner and district staff during construction. The Lump Sum method requires more upfront detail and work by the utility owner and judgment on the district utilities staff on the acceptability of the cost. The district utilities staff will work with the utility owner’s representative to determine the best type of estimate and therefore agreement to use.&lt;br /&gt;
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====643.2.9.2.1 Actual Cost Estimate====&lt;br /&gt;
The cost estimate that supports the actual cost agreement is prepared in sufficient detail to determine the reasonable expected cost of the work to support development of an agreement between the utility owner and the Commission. However, reimbursement is based on the actual costs of design and construction of the necessary adjustment to allow highway construction. The [https://epg.modot.org/forms/general_files/DE/ActualCostCostEstimate_Example.docx actual cost estimate] should detail all costs of the necessary adjustment to allow highway construction, even if the Commission is only responsible for a portion of the costs as detailed in EPG [[#643.2.8.3_Shared_Responsibility|643.2.8.3 Shared Responsibility]].&lt;br /&gt;
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[https://epg.modot.org/forms/general_files/DE/ActualCostCostEstimate_Example.docx Actual cost estimates] can be used for any dollar amount of reimbursement.&lt;br /&gt;
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====643.2.9.2.2 Lump Sum Estimates====&lt;br /&gt;
The cost estimate that supports the lump sum agreement must be accurate, comprehensive, verifiable, and in sufficient detail to present a clear picture of the work involved and the cost of the individual items. The estimate may cover only that portion of the adjustment for which the Commission is responsible for the costs of the necessary utility adjustments to allow highway construction.&lt;br /&gt;
[https://epg.modot.org/forms/general_files/DE/LumpSumCostEstimate_Example.docx Lump sum estimates] are limited to a maximum of $200,000 of Commission responsibility of costs of the necessary utility adjustments to allow highway construction; however, exceptions may be made for special situations that have prior approval from Design Division. These exceptions usually cover major relocations for which the Commission&#039;s proportionate responsibility is extremely small.&lt;br /&gt;
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===643.2.9.3 Utility Cost Estimate Requirements===&lt;br /&gt;
Whether using an Actual Cost or Lump Sum estimate, the following should be included in the estimate, if applicable. If any of the following sections are not included in the estimate, a qualifying statement as to why the costs were not included should be provided.&lt;br /&gt;
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====643.2.9.3.1 Scope of Work====&lt;br /&gt;
All estimates require a concise summary of the work to be performed on the estimate. An example is &amp;quot;an estimate of cost covering the work of relocating Company&#039;s 12-inch Cushing-Woodriver pipeline to accommodate construction of Route 47 in Franklin County on Job No. J6P0172&amp;quot;.&lt;br /&gt;
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====643.2.9.3.2 Engineering Costs====&lt;br /&gt;
Costs of engineering, whether preliminary or construction, must be shown as separate items and are not to be included with &amp;quot;labor costs&amp;quot;. Concurrent cost accounting procedures of FHWA and MoDOT make this a necessity. See [[#643.2.6_Preliminary_Engineering_Requirements|EPG 643.2.6 Preliminary Engineering]] and [[#643.2.16.2_Construction_Contract_Requirements|EPG 643.2.16.2 Construction Contract Requirements]] for further information.&lt;br /&gt;
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====643.2.9.3.3 Right of Way Costs====&lt;br /&gt;
A detailed estimate of the cost to acquire replacement easements by the utility owner is required. The cost should be supported by a right of way plan.&lt;br /&gt;
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====643.2.9.3.4 Material Costs====&lt;br /&gt;
Quantities, description of the item, the unit cost, and the extended totals are shown. Percentage computations will be shown immediately following &amp;quot;total cost&amp;quot; so the utility owner’s and Commission&#039;s cost obligations are properly indicated. Unit assembly costs similar to those used by several of the rural electric association (R.E.A.) cooperatives are acceptable, provided the same units and charges are used in the utility owner’s regular operations. A handling charge conforming with the utility owner’s regular procedures may also be included.&lt;br /&gt;
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====643.2.9.3.5 Labor Costs====&lt;br /&gt;
Hours, individual or crew rates, and extended totals are shown. Payroll additives such as insurance, retirement, social security, vacation, and other benefits are shown as a separate item under this heading in accordance with utility owner’s regular procedures. Adequate explanation must be given for total percentage used, especially in those cases where materials and labor are combined as unit costs or where labor percentages include additives and equipment requirements.&lt;br /&gt;
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====643.2.9.3.6 Equipment Costs====&lt;br /&gt;
A description of the equipment to be used must be shown jointly with the number of hours to be charged. Rates charged for equipment usage must be justified by the utility owner’s established accounting procedures. When the utility owner does not have an established accounting procedure or a capitalization and depreciation schedule that is used in its own operations, the rates are to be established by using rental rate publications as a guide. A reasonable amount will be deducted, when using rental rate schedules, for profit that the rental company realizes. A full explanation of the methods used in establishing the rates must also be submitted to support the utility owner’s request and with approval of the district utilities staff.&lt;br /&gt;
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Equipment may be rented when the utility owner’s equipment is not available or is inadequate, with the rental rate justified by appropriate solicitation of bids. See [[#643.2.16.2_Construction_Contract_Requirements|EPG 643.16.2 Construction Contract Requirements]] for further information.&lt;br /&gt;
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Unusual accounting procedures may be accepted with adequate prior explanations and approval of the Design Division.&lt;br /&gt;
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====643.2.9.3.7 Removal Costs====&lt;br /&gt;
These costs are estimated and shown in a similar method but separately from installation costs. When removal costs exceed salvage credits by more than the estimated cost of removal by the roadway contractor, an effort should be made to persuade the utility owner to abandon the utility facilities in place. An exception is made when the utility owner is required to remove abandoned utility facilities because of liability, hazard, or by specific agreement with the Commission. Abandoned utility facilities can be included with the miscellaneous removals in the roadway contract. It may be possible for the utility owner to remove those portions of the utility facility for which credits will exceed removal costs, with the remainder of the utility facility to be abandoned for removal in the roadway contract. Materials removed must be itemized, with the utility owner’s customary salvage credit given. Items to be scrapped or junked should be indicated. Whenever a utility facility or portion thereof is shown to be abandoned on the plan of adjustment, the roadway plans should be notated accordingly. This eliminates ownership problems if these utility facilities are removed or salvaged by the roadway contractor.&lt;br /&gt;
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When the utility facility is no longer needed and removal is necessary to accommodate the roadway project, the removal of the item may be handled either as a right-of way-item or a utility adjustment. When handled as a right of way item, the damages allowed are to equal the depreciated value of the utility facility, with the necessary removals being accomplished by the roadway contractor. If accomplished as a utility adjustment, the Commission, by utility agreement, will reimburse the utility owner for removal costs and receive salvage credit for the material removed, up to but not exceeding removal costs.&lt;br /&gt;
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====643.2.9.3.8 Salvage of Removed Materials====&lt;br /&gt;
This statement, to explain the salvage credit or lack of credit, will reflect routine utility owner policy as well as the particular situation. The utility owner will place a value on any recovered material for salvage. District utilities staff should check this value for reasonableness. Examples of salvage statements include:&lt;br /&gt;
* Existing utility facilities to be abandoned in place, since the cost of salvaging, based on our past experience, will exceed their value.&lt;br /&gt;
* Only those items will be salvaged for which salvage credit will exceed the cost of removal and salvage.&lt;br /&gt;
* Company liability requires removal of the retired utility facilities, even though the cost of removal will exceed allowable credit for salvage.&lt;br /&gt;
* Salvage credits are in accordance with established company accounting procedures.&lt;br /&gt;
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====643.2.9.3.9 Accrued Depreciation Credits====&lt;br /&gt;
Credit is required for the accrued depreciation of a utility facility that is being replaced. Examples are a building, structure, pumping station, filtration plant, power plant, substation, or other similar operational unit. Credit for accrued depreciation will not be required for a segment of the utility&#039;s service, distribution, or transmission lines. It is also not required when the building or structure is being moved as necessitated by the highway project. Acceptable accrued depreciation credit will be determined by using the following formula:&lt;br /&gt;
:&amp;lt;math&amp;gt;\frac{Actual \; Length \; of \; Service \; of \; Replaced \; Facility \; (Years)}{Total \; Estimated \;  Service \; Life \; of \; Replaced \; Facility \; (Years)} \times Original \; Cost \; (\$) = Credit&amp;lt;/math&amp;gt;&lt;br /&gt;
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====643.2.9.3.10 Betterment Credits====&lt;br /&gt;
Betterment means the upgrading of the utility facility being relocated, made solely for the benefit of and at the election of the utility owner and is not attributable to the roadway improvement. Credit to the Commission is required for the additional costs incurred for the betterments introduced in the adjusted utility facility. No betterment credit is required for additions or improvements which are:&lt;br /&gt;
* Required by the highway project&lt;br /&gt;
* Replacement devices or materials that are of equivalent standards although not identical&lt;br /&gt;
* Replacement of devices or materials no longer regularly manufactured with next highest grade or size&lt;br /&gt;
* Required by law under governmental and appropriate regulatory commission code&lt;br /&gt;
* Required by current design practices regularly followed by the utility owner in its own work, and there is a direct benefit to the highway project&lt;br /&gt;
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====643.2.9.3.11 Overhead Costs====&lt;br /&gt;
Overhead costs are usually a percentage of the total labor cost. This item must be in accordance with the utility owner’s established accounting procedures, which in some cases may include handling costs or be a percentage of the total cost of the work involved. Additional attention to overhead costs is required when the rate is different from previously accepted rates. Occasionally, it can be difficult to obtain the necessary information at the time of the estimate to approve the overhead rates. In this situation, the estimate can be approved with exception of the overhead rates for payment. The utility owner is informed of this matter with the understanding that the overhead rates could be approved and paid with submission of appropriate supporting data and Financial Services audit review.&lt;br /&gt;
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====643.2.9.3.12 Prorating Costs====&lt;br /&gt;
The need for prorating utility adjustment costs occurs when both the Commission and the utility owner are responsible for a portion of the utility adjustment necessary to allow for highway construction, and the actual costs for reimbursement in each category cannot be explicitly determined. Generally, the following conditions require division of costs:&lt;br /&gt;
* The adjustment is considered partially reimbursable per [[#643.2.8.3_Shared_Responsibility|EPG 643.2.8.3 Shared Responsibility]]&lt;br /&gt;
* Betterments are included in the necessary adjustment of the utility facility&lt;br /&gt;
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The district utilities staff should negotiate with the utility owner’s representative to determine an equitable basis for the prorating of costs based on the characteristics of the utility adjustment necessary to allow for highway construction.&lt;br /&gt;
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====643.2.9.3.13 Costs Records====&lt;br /&gt;
The estimate should include a statement as to where the utility owner’s cost records may be reviewed. An example: &amp;quot;Company cost records will be available in our office at 2134 Industrial Avenue, Tulsa, Oklahoma&amp;quot;.&lt;br /&gt;
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====643.2.9.3.14 Other====&lt;br /&gt;
Additional statements will explain or further clarify the work that is included. Such other items may include bypasses, special equipment, need for larger utility facilities, etc.&lt;br /&gt;
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==643.2.10 Schedule==&lt;br /&gt;
Timely adjustments of utility facilities are essential for efficient completion of highway construction projects. Ideally, all utility adjustments are completed prior to a project’s Plans, Specifications, and Estimate (PS&amp;amp;E) submittal to Central Office. Depending on the specifics of the highway construction and utility adjustment necessary, early completion of the utility adjustment may not be practical. The district utilities staff should negotiate with the utility owner to determine the schedule parameters necessary for the utility adjustment. At a minimum, the utility owner should document the dates it anticipates starting and completing the work. If a utility adjustment depends upon the completion of a portion of the highway construction, the necessary milestone for starting the utility adjustment should be documented along with an anticipated number of working days to complete the utility adjustment. The schedule is included as Exhibit “C” to the agreement.&lt;br /&gt;
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==643.2.11 Pre-Audits==&lt;br /&gt;
The district utility staff performs a pre-audit review and approval prior to preparation of the agreement. A [https://epg.modot.org/forms/general_files/DE/PreAuditChecklist.docx pre-audit checklist] should be completed and saved in MoProjects.&lt;br /&gt;
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==643.2.12 Utility Agreements==&lt;br /&gt;
Whenever the Commission is responsible for the cost of the necessary adjustments to allow highway construction, an agreement is required. If a Master Reimbursable Utility Agreement (see [[#643.2.12.2_Master_Reimbursable_Utility_Agreements|EPG 643.2.12.2]]) has not been executed with the utility owner, a Project Specific Agreement (see [[#643.2.12.3_Project_Specific_Agreements|EPG 643.2.12.3]]) is executed between the utility owner and the Commission. In some cases, it may be more practical for the Commission to include adjustment of utilities into a Commission administered contract. A Utility Agreement - Actual Cost (For Utility Work That is to be Included in the Missouri Highways and Transportation Commission&#039;s Road Project) (see [[#643.2.12.4_Agreement_for_Utility_Work_Included_in_Roadway_Improvement_Project|EPG 643.2.12.4]]). Agreements include a plan of adjustment (Exhibit “A”), cost estimate (Exhibit “B”), and schedule (Exhibit “C”).&lt;br /&gt;
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The Utility Agreement boilerplate forms have been approved by the Chief Counsel’s Office (CCO). They are identified in the upper left-hand corner of each agreement by an identifier such as CCO Form: UT01 for the Master Reimbursable Utility Agreement. CCO updates these agreements as necessary. They serve as a guide in the preparation of the agreement to be executed with the utility owner for the adjustments required to their utility facilities to accommodate the proposed roadway improvement project. District utilities staff should use the latest version of the agreement found in [https://netprod3.dot.missouri/eAgreements/Search/QuickSearch eAgreements] in drafting an agreement with utility owners. A list of utility agreements and detailed information concerning the sequence for preparing and executing an agreement is available in  [[:Category:153_Agreements_and_Contracts|EPG 153 Agreements and Contracts]].&lt;br /&gt;
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These forms are to be used word for word. Revisions or additions are only made to address specific project details. The intent of each paragraph must be retained, although specific words may be revised to fit the particular situation. No paragraphs are deleted without prior approval from CCO. For guidance on acceptance of liability, refer to the [[:Category:153_Agreements_and_Contracts#153.1.1.2_Acceptance_of_Liability_Policy_(MoDOT_Access_Only)|Acceptance of Liability Policy]] at the CCO SharePoint page. Drafts of agreements having major revisions or complications are to be submitted, with supporting data, to Design Division for comment and approval.&lt;br /&gt;
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A reference to 23 CFR 645 is included in all agreements. Utility owners must be acquainted with these requirements and procedures. The incorporation of 23 CFR 645 by reference in all agreements eliminates the need for a second set of regulations to be included in the document.&lt;br /&gt;
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The agreement for the adjustment of a utility is prepared by the district utilities staff and submitted to the utility owner for execution. The agreement is based on the plan, estimate of cost which was prepared in accordance with 23 CFR 645, and schedule. Authorized individuals representing the utility owner will execute the agreement. The agreement must be signed, sealed, and if necessary, notarized by the utility owner. If the utility owner does not have or use a corporate seal, write &amp;quot;NO SEAL&amp;quot; under the signatures of the owner’s officers. Agreements with political subdivisions are to be supported by an appropriate ordinance, a copy of which is to be submitted with the executed agreements. All copies will be forwarded to the CCO for further handling. A fully executed copy of the agreement will be retained in eAgreements. If the agreement was executed using electronic signatures, the district utilities staff should forward an electronic copy of the fully executed agreement to the utility owner. If the agreement was executed using wet signatures, one (1) paper copy of the fully executed agreement will be returned by the Commission Secretary’s Office to the district utilities staff. The district utilities staff will forward this copy to the utility owner.&lt;br /&gt;
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===643.2.12.1 Buy America Build America Requirements===&lt;br /&gt;
All agreements contain information on Buy America Build America (BABA) compliance. The utility owner should select the method of certification (See [[#643.2.19_Buy_America_Build_America_for_Utilities|EPG 643.2.19]]) at the time of agreement completion. The appropriate paragraph will be inserted into the agreement. All BABA compliance documents must be retained by the utility owner and made available upon request at no cost to the Commission and/or FHWA.&lt;br /&gt;
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====643.2.12.1.1 Utility Owner Self-Certification====&lt;br /&gt;
The City/Company certifies that when determining products/materials subject to Buy America Build America requirements to use in the performance of this Agreement, it shall use only such products/materials for which it has received a certification from its supplier, or provider of construction services that procures the product/material, certifying compliance with Buy America Build America requirements. This does not include products/materials for which waivers have been granted pursuant to 23 CFR 635.410. The City/Company will not be required to provide the Commission copies of the supplier certification as part of this Agreement or with the final invoice of said Commission’s Federal-Aid Highway Construction Project.&lt;br /&gt;
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====643.2.12.1.2 Vendor/Manufacturer Certification====&lt;br /&gt;
The City/Company certifies that when determining products/materials subject to Buy America Build America requirements to use in the performance of this Agreement, it shall use only such products/materials for which it has received a certification from its supplier, or provider of construction services that procures the product/material, certifying compliance with Buy America Build America requirements. This does not include products/materials for which waivers have been granted pursuant to 23 CFR 635.410. The City/Company shall provide to the Commission all Buy America compliance documents as outlined in the Commission’s Engineering Policy Guide 643. All required compliance documents shall accompany the final invoice submitted to the Commission.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.2 Master Reimbursable Utility Agreements===&lt;br /&gt;
The UT01: Master Reimbursable Utility Agreement (MRUA) is a statewide agreement that has been executed by the utility owner and the Commission for all future reimbursable utility adjustments between both parties. Once a MRUA is executed, no other utility agreements are required on design-bid-build projects. The district utilities staff should encourage utility owners to enter into a MRUA with the Commission to reduce potential future delays in executing a project specific agreement. A list of previously executed [https://modotgov.sharepoint.com/sites/DE/Utilities/Agreements/MRUA%20-%20Existing?csf=1&amp;amp;web=1&amp;amp;e=4LJHoa Master Reimbursable Utility Agreements (Modot Access Only)] is available. District utilities staff should add newly executed agreements to this list. The MRUA can be employed as either an actual cost ([[#643.2.12.3.1_Actual_Cost_Agreements|EPG 643.2.12.3.1]]) or lump sum ([[#643.2.12.3.2_Lump_Sum_Agreements|EPG 643.2.12.3.2]]) agreement. When the reimbursable adjustment will utilize a MRUA, the district utilities staff will prepare a MRUA correspondence letter (“letter agreement”) referencing the executed MRUA. A copy of the MRUA correspondence letter should be saved in MoProjects for reference by Financial Services, the district construction office, and the district staff responsible for inspection of utility adjustments. All project specific items such as type of agreement (actual cost or lump sum), plan of adjustment, estimated total cost, cost allocation, and schedule are addressed in the MRUA correspondence letter from the district utilities staff to the utility owner. A [https://epg.modot.org/forms/general_files/DE/flowchart.pdf flowchart of the MRUA process] is available.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.3 Project Specific Agreements===&lt;br /&gt;
If a utility owner does not have a MRUA with the Commission, a project specific agreement will be required for every project for which the Commission is responsible for the necessary adjustments to allow highway construction. The project specific agreement will be either an actual cost ([[#643.2.12.3.1_Actual_Cost_Agreements|EPG 643.2.12.3.1]]) or lump sum ([[#643.2.12.3.2_Lump_Sum_Agreements|EPG 643.2.12.3.2]]) agreement.&lt;br /&gt;
&lt;br /&gt;
====643.2.12.3.1 Actual Cost Agreements====&lt;br /&gt;
The UT03: Utility Agreement – Actual Cost is used when detailed estimates are not practical or costs appear to be questionable. Details on actual cost estimates can be found at [[#643.2.9.2.1_Actual_Cost_Estimate|EPG 643.2.9.2.1 Actual Cost Estimates]]. Once the final invoice on a UT03 is submitted to Financial Services, district utilities staff should change the status on the agreement in eAgreements to completed.&lt;br /&gt;
&lt;br /&gt;
====643.2.12.3.2 Lump Sum Agreements====&lt;br /&gt;
The UT02: Utility Agreement – Lump Sum eliminates the need for keeping detailed records of cost and the auditing of cost records. Estimates of cost must be prepared in detail for use of this agreement. When detailed estimates are not practical or costs appear unreasonable, actual cost agreements are to be used. Use of special forms of agreements, such as &amp;quot;subordination agreements&amp;quot;, which are desired by certain utility owners, is acceptable. These, too, must be revised to cover the particular situation. Details on lump sum estimates can be found at [[#643.2.9.2.2_Lump_Sum_Estimates|EPG 643.2.9.2.2 Lump Sum Estimates]]. Once the final invoice on a UT02 is submitted to Financial Services, district utilities staff should change the status on the agreement in eAgreements to “completed”.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.4 Agreement for Utility Work Included in Roadway Improvement Project===&lt;br /&gt;
The UT04: Utility Agreement - Actual Cost (For Utility Work That is to be Included in the Missouri Highways and Transportation Commission&#039;s Road Project) allows for the adjustment to be based on actual cost with the roadway contractor performing the utility work. Caution should be exercised in the type of utilities to be relocated in roadway contracts. Utilities recommended are waterlines and sewer lines. Other utilities, such as gas lines, communication lines, and power lines are to be studied thoroughly before being included in the project.&lt;br /&gt;
&lt;br /&gt;
The Transportation Project Manager and district utilities staff must plan ahead to get this work in the roadway contract. The utility owner must agree to include the utility adjustment in the roadway contract. The adjustment may be on highway right of way or on private easement in the name of the utility owner. The utility owner can agree to allow MoDOT’s contractor to work in its easement. However, district utilities staff in consultation with district right of way staff should review the easement documentation to verify the utility owner’s rights to the easement and any limitations on its use. MoDOT’s contractor can work and operate on both Commission right of way and on the utility easement, even when not directly connected to the Commission right of way, as part of the job site. Temporary construction easements may be necessary in addition to the utility easement to ensure adequate working room for the contractor.&lt;br /&gt;
&lt;br /&gt;
:The utility owner may request exemption to any liability for negligence of our contractor working on their easement. The Commission can assume that liability (refer to [[:Category:153_Agreements_and_Contracts#153.1.1.2_Acceptance_of_Liability_Policy_(MoDOT_Access_Only)|Acceptance of Liability Policy]]), but it should be included in the utility agreement if so desired by the utility owner. A Job Special Provision is necessary to require the MoDOT contractor to hold the utility harmless from all claims due to contractor negligence.&lt;br /&gt;
&lt;br /&gt;
Subsurface information, i.e. boring data, etc., should be obtained by the utility owner since it may be needed for the design of the utility adjustment. This information should be included in the plans. If the utility owner must bear all or part of the cost of the adjustment, the utility owner must agree to pay a pre-deposit to the Commission prior to opening bids on the project. This should be in the utility agreement. The pre-deposit will be credited to the &amp;quot;Missouri Highway and Transportation Commission - Local Fund.&amp;quot; Any interest earned in the fund will apply to the cost of the adjustments. The utility agreement will include language that the utility will inspect the installation and assume maintenance of the utility facility after construction. MoDOT will also provide engineering supervision to be sure the road contractor is in compliance with the contract. Utility plans and specifications are to be approved by the owner prior to submittal to the Central Office. The following items will provide minimum information to allow MoDOT’s contractor to bid the work.&lt;br /&gt;
# Individual bid items (not &amp;quot;lump sum&amp;quot;) should be established to promote better bidding and to handle overruns and underruns. Bid items not included on the Computer Stored Bid Item list should be &amp;quot;99&amp;quot; numbers.&lt;br /&gt;
# he bid package must be in our letting format. If the package was prepared by a consultant as if the utility owner were going to let it, all bid bond or bidding procedures must be screened to remove requirements contrary to MoDOT letting requirements. District utilities staff should work with the Transportation Project Manager, Design Liaison Engineer, and Central Office Bidding and Contract Services to ensure this requirement is met.&lt;br /&gt;
# The specifications required by the utility owner should be reviewed for items that could cause a bid problem for our contractor. Items such as non-readily available materials or sizes should be avoided.&lt;br /&gt;
# Utility plan sheets should be .pdf files equivalent to 22 in. x 34 in. It is helpful to have a quantity sheet specifically for utility items.&lt;br /&gt;
# Any special procedures required for the utility installation should be included in the Job Special Provisions.&lt;br /&gt;
# The utility package should be submitted on-time to Central Office with other project plans.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.5 Agreement for a Utility Only Project===&lt;br /&gt;
Any of the above agreements can be modified for a utility only project separate from the roadway project. The utility only project may be done by forces hired by the utility owner or by the Commission. A separate utility only project has distinct advantages when the following occurs:&lt;br /&gt;
* The utility work is extensive&lt;br /&gt;
* It must be performed in accordance with the utility owner’s seasonal requirements&lt;br /&gt;
* It extends beyond the limits of the construction project&lt;br /&gt;
* It must be performed considerably in advance of the roadway contract&lt;br /&gt;
&lt;br /&gt;
Necessary environmental and design work is still required for the limits of the separate utility only project. It may be necessary in these cases to have a second agreement with the utility owner to cover any other work that must be performed concurrently with the roadway contract. These latter agreements will use the roadway construction job number. Early need for utility projects is to be determined at the time when the STIP is updated each year. The utility construction funds will be shown in the year right of way funds are assigned. This will be done whenever possible to secure early adjustment of utility facilities. A request by the district is sent to the Planning Division. Estimated dollar amounts for utility adjustments are needed. These are estimates and do not need to be extremely accurate. When a special utility project is established, it is preferred, if at all possible, to include all the utility adjustments necessary for the entire roadway project. If funds are available, additional agreements can be added to this utility project until the final invoice for the first completed agreement is received for payment.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.6 Supplemental Agreements===&lt;br /&gt;
For utility owners with a UT01 agreement, a supplemental letter agreement documenting the change in the scope or cost of the work is acceptable.&lt;br /&gt;
&lt;br /&gt;
The UT05: First Supplemental Agreement is used to document changes to UT02 and UT03 agreements. If changes to the scope of work occur that are anticipated to exceed $100,000 or 15% of the original agreement, a UT05 is required. If the final invoice on an actual cost adjustment without changes in the scope of work exceeds the limits shown in the table below, a UT05 is required.&lt;br /&gt;
&lt;br /&gt;
{| class=&amp;quot;wikitable&amp;quot; style=&amp;quot;margin-left: 25px; text-align:center&amp;quot;&lt;br /&gt;
! Amount in Original Actual Agreement !! Final Bill Total Exceeds Original Amount by:&lt;br /&gt;
|-&lt;br /&gt;
| 0-$25,000 || 50%&lt;br /&gt;
|-&lt;br /&gt;
| $25,000-$100,000 || 40%&lt;br /&gt;
|-	&lt;br /&gt;
| Exceeds $100,000 || 30%&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
Should multiple UT05s be required with the same utility owner, the UT05 should be modified for additional supplemental agreements. Once the final invoice on an UT05 is submitted to Financial Services, district utilities staff should change the status on the agreement in eAgreements to “completed”.&lt;br /&gt;
&lt;br /&gt;
==643.2.13 Utility Adjustments in Roadway Plans and Job Special Provisions (JSPs)==&lt;br /&gt;
It is the responsibility of the MoDOT Transportation Project Manager (TPM) to ensure utility plans of adjustment are shown on the project plans at the Plan, Specification, and Estimate (PS&amp;amp;E) stage based upon information coordinated by the district utilities staff with the appropriate utility owner.&lt;br /&gt;
&lt;br /&gt;
===643.2.13.1 Plans===&lt;br /&gt;
A legend showing all applicable utility symbols and the names of the utility owners is shown on the first special utility sheet. In the absence of special utility sheets, this information may be shown on the title sheet or the first plan and profile sheet. The following note is required to be placed on the title sheet or the first plan and profile sheet and the first special utility sheet (if used) to inform contractors of the suitability of the utility information contained on the plans.&lt;br /&gt;
&lt;br /&gt;
&amp;quot;The existence and approximate location of utility facilities known to exist, as shown on the plans, are based on the best information available to the Commission at this time. This information is provided by the Commission &amp;quot;as-is&amp;quot; and the Commission expressly disclaims any representation or warranty as to the completeness, accuracy, or suitability of the information for any use. Reliance upon this information is done at the risk and peril of the user, and the Commission shall not be liable for any damages that may arise from any error in the information&amp;quot;.&lt;br /&gt;
&lt;br /&gt;
===643.2.13.2 Job Special Provisions===&lt;br /&gt;
Since the addition of utility information on the plans, supplied by a third party, could subject the Missouri Highway and Transportation Commission to additional liability, a Utility JSP reflecting the status of utility adjustments will be required. The JSP will include the name, address, e-mail address, and telephone number of all utility owner representatives for all utility facilities located on the project. The anticipated adjustment completion date for each utility adjustment is also to be shown based on the agreed upon dates, durations, or completion dates with the utility owner’s representative. This information will inform the bidder of the status of utilities for proper work coordination that could affect the bids for the proposed highway construction project. Status notations will include general notations such as: “N/A”, “Work is in progress”, “Work has not started”, “Work is complete”, and “Work is included in contract.”&lt;br /&gt;
&lt;br /&gt;
===643.2.13.3 PS&amp;amp;E Submittal===&lt;br /&gt;
In the District Final Plans Submittal Checklist (D-12), the TPM should note any issues related to existing utility facilities or the adjustment of utility facilities either shown or not shown on the plans. Projects with “No Utility Impacts” such as some overlays, striping, bridge washing, etc. do not need a Utility Status Letter or Utility JSP. The D-12 is used for these projects. In the D-12, under Project Details – “Utilities”, the note “NO” is selected and under “Status”, select “Clear”. For all other projects, the district utilities staff will write a Utility Status Letter. The TPM will include the Utility Status Letter with the submittal of the final plans to the Design Division. The Utility Status will be defined as:&lt;br /&gt;
# Utility facilities are present, but no conflict is anticipated with the highway construction project. Or,&lt;br /&gt;
# All utility facilities requiring adjustment to allow highway construction have been physically adjusted on the project. Or,&lt;br /&gt;
# Utility construction work is planned or active and will be completed to such a point that no impact will be expected to the highway construction project. The status of this work is defined in the utility JSP. Or,&lt;br /&gt;
# Utility facilities are not expected to be adjusted by the notice to proceed date for the road project, but the utility work will have no impact on the progress of the highway construction project. The status of this work is defined in the utility JSP. Or,&lt;br /&gt;
# Utility facilities must be adjusted after the road contractor completes stage construction or in coordination with the contractors’ work. Details of the coordination effort required of the contractor are defined in the utility JSP to properly advise bidders. Or,&lt;br /&gt;
&lt;br /&gt;
# Utility adjustment plans and specifications are included in the bid documents for the highway construction project. A UT04 agreement must be executed.&lt;br /&gt;
&lt;br /&gt;
==643.2.14 Payment to Utility Companies for Reimbursable Work==&lt;br /&gt;
Authorization and federal funding obligation must be approved prior to incurring costs. This applies to all types of work on utility facilities including preliminary engineering. An obligation is a commitment by the federal government to reimburse MoDOT for the federal share of a project’s eligible cost.&lt;br /&gt;
&lt;br /&gt;
===643.2.14.1 Obligation Process===&lt;br /&gt;
Federal funding can be used with both lump sum and actual cost agreements. After the utility agreement is fully executed, the district utilities staff will email a copy of the utility agreement or the letter agreement referencing the MRUA to the email group OBLIGATE. This email should request the authorization authority for use of federal funds and to be informed of a Notice to Proceed (NTP) (see [[#643.2.15_Notice_to_Proceed|EPG 643.2.15]]) date by Financial Services once federal funding has been obligated. District utilities staff should allow three (3) weeks to receive the NTP. Financial Services will use Advance Construction (AC) funding to fund reimbursement to utility owners. With AC funding, state funds initially are used to pay for reimbursement to utility owners. Once construction is complete, with appropriate documentation of the work via the [https://epg.modot.org/forms/general_files/DE/C-9.docx C-9] and [https://epg.modot.org/forms/general_files/DE/C-13.docx C-13], Financial Services will convert to federal funding.&lt;br /&gt;
&lt;br /&gt;
===643.2.14.2 Preliminary Engineering===&lt;br /&gt;
On occasion, preliminary engineering (PE) may need to be undertaken by the utility owner prior to the execution of a utility agreement. If a utility owner has a MRUA, an estimate of the cost of the PE work by the utility owner may be used to obligate funding for preliminary engineering under the MRUA as a PE only letter agreement. If a lump sum or actual cost agreement will be required with the utility owner for the project, district utilities staff should do two (2) agreements with one agreement covering PE only, and once a design for the adjustment is obtained, a second agreement for the construction of the adjustment should be executed. If a separate PE only agreement is obtained, NTP will need to be issued twice to the utility owner: once for PE and once for construction.&lt;br /&gt;
&lt;br /&gt;
===643.2.14.3 Right of Way===&lt;br /&gt;
Once Notice to Proceed has been given, the utility owner may begin the right of way acquisition process. If the utility owner needs to acquire right of way prior to a full agreement for relocation has been negotiated, the agreement specifically for the acquisition of right of way should be executed. This agreement will be sent to Financial Services to begin the obligation process.&lt;br /&gt;
&lt;br /&gt;
===643.2.14.4 Construction===&lt;br /&gt;
Payment to utility owners for construction of the adjustment may occur in a number of phases.&lt;br /&gt;
&lt;br /&gt;
====643.2.14.4.1 Prepayment====&lt;br /&gt;
Per the utility agreement, the Commission allows utility owners to be prepaid prior to commencing work. The district utilities staff may negotiate the prepayment if the utility owner is receptive. The utility owner will submit a request for prepayment with an invoice prior to any prepayment. Route, county, and job number must be included in the request. The district utilities staff will submit a request to Financial Services with a copy saved in MoProjects for future reference by the district staff responsible for inspection of the utility adjustment.&lt;br /&gt;
&lt;br /&gt;
====643.2.14.4.2 Progress Payments====&lt;br /&gt;
If a utility owner has not been prepaid the entire estimated amount in the utility agreement, then the utility owner may request progress payments after completing a portion of the proposed work, including PE.&lt;br /&gt;
&lt;br /&gt;
Progress payments for PE by consultants should not exceed the &amp;quot;maximum not to exceed amount&amp;quot; shown in the cost estimate unless additional costs are approved first by district utilities staff.&lt;br /&gt;
&lt;br /&gt;
For progress payments, the utility owner is required to submit only a summary of work and materials for which payment is claimed, not a detailed billing. District utilities staff should check only to be sure that sufficient work has been done to justify making the requested payment. Payment should be made for allowable costs incurred up to the date of the progress payment request.&lt;br /&gt;
&lt;br /&gt;
Progress payment invoices do not relieve the utility owner of the responsibility of submitting one complete and final invoice upon completion of the adjustment. The utility owner’s address must be shown on the invoice. The district utilities staff should submit progress payment invoices and applicable C-9s to Financial Services within one (1) week of receipt of invoice.&lt;br /&gt;
&lt;br /&gt;
One copy of the progress payment and one copy of the district utilities staff letter of recommendation must be sent to Financial Services for payment and be stored in MoProjects. The cover memo should include the project number, route, county, actual cost or lump sum utility agreement, Commission obligation percentage, total cost estimate of Commission obligation, and indicate the progress payment number, i.e., progress payment number 1, 2, 3, etc. If more than one progress payment is requested by the utility company, the district should submit progress payment bills to Financial Services in the following format:&lt;br /&gt;
{| class=&amp;quot;wikitable&amp;quot; style=&amp;quot;margin-left: 25px; text-align:center&amp;quot;&lt;br /&gt;
! Payment !! Amount&lt;br /&gt;
|-&lt;br /&gt;
| Progress Payment #1 || $50,000&lt;br /&gt;
|-&lt;br /&gt;
| Progress Payment #2 || 10,000&lt;br /&gt;
|-	&lt;br /&gt;
| Total Payment to Date || $60,000&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
This format will help clarify payment history with the utility owner. Progress payments for actual cost utility agreements may not exceed the Commission&#039;s total estimated cost shown in the agreement. However, if the request for a progress payment exceeds the original estimate, a change order with explanation should accompany the request. (See [[#643.2.16.5_Change_Orders|EPG 643.2.16.5 Change Orders]].)&lt;br /&gt;
&lt;br /&gt;
====643.2.14.4.3 Final Payment====&lt;br /&gt;
Utility owners are required to submit a detailed final invoice to MoDOT for all actual cost reimbursable utility work and for any lump sum reimbursable utility work that was not prepaid. For prepaid lump agreements, the utility owner must submit a zero-dollar ($0) invoice to demonstrate the work has been completed. After the utility work has been fully completed, the district utilities staff responsible for inspection should send the utility owner a “60 Day” [https://epg.modot.org/forms/general_files/DE/FinalInvoiceLetter.docx Final Acceptance Letter] requesting a complete final invoice within 60 days, as detailed in the utility agreement. If the final invoice is not received from the utility owner within 30 days, then a follow up letter should be sent (i.e., “30 Day” [https://epg.modot.org/forms/general_files/DE/FinalInvoiceReminderLetter.docx Reminder Final Invoice Letter]) reminding the utility owner of its obligation to submit a final invoice within 60 days of the completed work. If a final invoice from the utility owner is not received within this timeframe, then the district utilities staff should contact the Design Liaison Engineer for guidance on how to close out the work.&lt;br /&gt;
&lt;br /&gt;
The district utilities staff is expected to check the final bill within two (2) weeks after receipt in as much detail as possible against the C-9. It is their responsibility to verify from field records the quantities of labor, equipment, material used, material retired, and to justify all changes made. If the utility owner’s contractor made the adjustment at unit cost prices, then it is the district utility staff’s responsibility to verify the number of units completed and not the hours of labor and equipment. It is also important for the utility owner to show the words “final bill” or “final invoice” on the last bill, in order for MoDOT to understand that no additional charges will be made on the adjustment. The final bill must show a general description of the utility adjustment, the highway project number, the date on which work was completed or last item of billed expense was incurred, and the location where records can be audited. The order of items in the final statement should follow as closely as possible the order of items in the original estimate. A summary, on the utility owner’s letterhead, of the total cost of preliminary engineering, construction engineering, right of way, labor, overhead, construction travel expense, transportation, equipment, materials, supply, handling, and salvage credits should be shown in a way that will permit direct comparison with the approved estimate from the original or supplemental agreements (see [[#643.2.12.6_Supplemental_Agreements|EPG 643.2.12.6]]).&lt;br /&gt;
&lt;br /&gt;
If the Actual Cost final invoice shows a much higher cost than the original estimate without scope change, the utility owner is required to give reasons in a letter to the district utilities staff explaining why the invoice cost increased. When the Actual Cost final invoice exceeds the amount shown in the table in [[#643.2.12.6_Supplemental_Agreements|EPG 643.2.12.6]], a supplemental agreement is required.&lt;br /&gt;
&lt;br /&gt;
When the district utilities staff has determined that the final invoice is accurate, the C-13 should be completed. Once the C-13 is completed, the C-13 and the final invoice from the utility owner are forward to Financial Services. For Actual Cost agreements, the C-9s should also be included in this transmittal. If no additional payments are required, the district utilities staff should note this in the transmittal as well. If the final invoice indicates previous payments to a utility owner exceeded the final invoice, the utility owner will need to send MoDOT a check for the overpayment amount. The check should be made payable to Director of Revenue – Credit State Road Fund. If the utility owner did not send MoDOT an overpayment check with the final invoice, district utilities staff should send a letter to the utility owner requesting the refund amount. Submittal of the final invoice to Financial Services should not occur until repayment has been received. The submittal to Financial Services should note the receipt of the repayment check.&lt;br /&gt;
&lt;br /&gt;
==643.2.15 Notice to Proceed==&lt;br /&gt;
For PE only, once an agreement has been executed, and Financial Services has advised that authorization from FHWA has been received, district utilities staff will issue a notice to proceed (NTP) letter to the utility owner for the PE. For agreements that include PE and construction or once a final agreement for construction has been executed, right of way clearance has been issued, and Financial Services has advised that authorization from FHWA has been received, the district utilities staff will issue NTP to the utility owner for construction. See [https://epg.modot.org/forms/general_files/DE/NoticeToProceedExampleLetter.docx Example of Notice to Proceed Letter]. If salvage credit is part of the agreement with the utility owner, the NTP letter should include a statement that the utility owner will need to inform district utilities staff of the time and place that inspection may be made of the removed material. The utility owner may be held accountable for full value of materials disposed without proper notice. Utility owners may purchase materials prior to NTP for construction; however, no other work on the adjustment necessary to allow highway construction may begin prior to NTP for construction. The utility owner, for reasons of planning their workload or due to seasonal situations, may request early authorization to perform the work. This request, with the district utilities staff recommendations, is sent to the Design Liaison Engineer for further handling, approval, and advancement of the necessary funds. A copy of the NTP should be saved in MoProjects. If a utility owner begins adjustments prior to NTP for construction, district utilities staff should notify the utility owner immediately in writing that reimbursement will not be made for work done prior to NTP for construction.&lt;br /&gt;
&lt;br /&gt;
==643.2.16 Construction of Utility Adjustments==&lt;br /&gt;
===643.2.16.1 Utility Owner Self-Perform===&lt;br /&gt;
As per 23 CFR 645.115 Construction, it may be cost-effective for certain utility adjustments to be performed by a utility owner with its own internal forces and equipment, provided the utility owner is qualified to perform the work in a satisfactory manner. This cost-effectiveness finding covers minor work on the utility owner’s existing utility facilities routinely performed by the utility owner with its own forces.&lt;br /&gt;
&lt;br /&gt;
===643.2.16.2 Construction Contract Requirements===&lt;br /&gt;
When the utility owner is not adequately staffed and equipped to perform such work with its own forces and equipment at a time convenient to coordination with the associated highway construction, such work may be done one of four ways for utility adjustments:&lt;br /&gt;
# MoDOT can provide the construction services, via awarded contract to the lowest qualified bidder based on appropriate solicitation. This can be done by including the adjustment work in the roadway improvement project ([[#643.2.14_Payment_to_Utility_Companies_for_Reimbursable_Work|EPG 643.2.12.4 Utility Agreement for Utility Work Included in Roadway Improvement Project]]) or by having a utility only project ([[#643.2.12.5_Agreement_for_a_Utility_Only_Project|EPG 643.2.12.5 Utility Only Project]]).&lt;br /&gt;
# The utility owner can award a construction contract to the lowest qualified bidder based on appropriate solicitation.&lt;br /&gt;
# The utility owner can utilize an existing continuing contract, provided the costs are reasonable (see [[#643.2.9.1_Independent_Cost_Estimate|EPG 643.2.9.1 Independent Cost Estimate]]).&lt;br /&gt;
# The utility owner can contract for low-cost incidental work, such as tree trimming and the like, without competitive bidding, provided the costs are reasonable (see [[#643.2.9.1_Independent_Cost_Estimate|EPG 643.2.9.1 Independent Cost Estimate]]).&lt;br /&gt;
&lt;br /&gt;
When a utility owner chooses option 2 to award its own new construction contract, the utility owner must provide the following documents and information to the district utilities staff. These documents need to be provided as soon as the utility owner has chosen to pursue a construction contract. Document 1 must be supplied by all utility owners. Documents 2 and 3 are only required when the utility owner is a local government agency who is also a political subdivision of the state of Missouri (e.g., city-owned utilities, county-owned utilities). All other utility owners are encouraged, but not required, to provide Documents 2 and 3.&lt;br /&gt;
# A statement that the utility owner is not staffed or able to perform the required construction activities with its own forces.&lt;br /&gt;
# A copy of the request for proposal used to secure bids.&lt;br /&gt;
# A list of a minimum of 3 bidders whom they believe can do the work. &#039;&#039;&#039;Political subdivisions are required to advertise for the work&#039;&#039;&#039;.&lt;br /&gt;
# Upon review of these documents, the district utilities staff will advise the utility owner to proceed with the solicitation of bids, but the utility owner will not be permitted to award the contract without the concurrence of district utilities staff. For lump sum agreements, approval of contract work and subcontract work is not required.&lt;br /&gt;
&lt;br /&gt;
The following documents need to be provided as soon as the utility owner has determined the lowest qualified contractor and would like to award the project. Document 1 must be supplied by all utility owners. Document 2 is only required when the utility owner is a local government agency who is also a political subdivision of the state of Missouri (e.g., city-owned utilities, county-owned utilities). All other utility owners are encouraged, but not required, to provide Document 2.&lt;br /&gt;
# The name address of the lowest qualified contractor.&lt;br /&gt;
# The tabulation of bids received and other information to support their recommendation for award to the lowest qualified bidder.&lt;br /&gt;
&lt;br /&gt;
The district utilities staff will review and approve the utility owner&#039;s bid information prior to the award of the contract. The Design Liaison Engineer is available to assist the district with review of bid information if necessary. Once the district utilities staff provides concurrence, the utility owner may proceed with awarding the contract. When the utility owner is a local government agency who is also a political subdivision of the state of Missouri (e.g., city-owned utilities, county-owned utilities), a copy of the executed contract must be shared with the district utilities staff. All other utility owners are encouraged, but not required, to provide a copy of the executed contract.&lt;br /&gt;
&lt;br /&gt;
A [https://epg.modot.org/forms/general_forms/DE/UtilityConsultantContractChecklist.docx checklist is available for reviewing contracts] to ensure the contract conforms to MoDOT policy and complies with applicable federal regulations.&lt;br /&gt;
&lt;br /&gt;
When a utility owner chooses to utilize an existing continuing contract, the utility owner will submit a copy of the contract to the district utilities staff. The district utilities staff will review the contract for reasonableness of cost. If district utilities staff and the utility owner’s representative cannot agree on the reasonableness of cost, then the utility owner will be required to award a new construction contract.&lt;br /&gt;
&lt;br /&gt;
===643.2.16.3 Inspection===&lt;br /&gt;
The degree of inspection needed for utility adjustments will vary considerably with the nature and location of the work and whether the Commission is responsible for any portion of the cost of reimbursement. Judgment must be used regarding the manner and regularity of inspection duties. Some phases of the work require a very close check to ensure that the highway will not be adversely affected and to ensure satisfactory performance of work in accordance with the agreement and plans. The degree of inspection may vary from spot checking of overhead installations to continuous close observation of backfilling trenches beneath proposed pavement, embankment area, or adjacent to bridge abutments. Proper inspection can ensure that the utility adjustment is completed as efficiently as possible to minimize future impacts to the utility facility and the highway construction project. A [https://epg.modot.org/forms/general_files/DE/UtilityFieldInspectionChecklist.docx Field Inspection Checklist] to assist district utilities staff responsible for inspection is available.&lt;br /&gt;
&lt;br /&gt;
If it is found that any actual cost reimbursable utility adjustment is being performed by unapproved contractors, district utilities staff should direct the work to stop. The utility owner’s representative should be informed immediately and should be advised in writing that the costs incurred by an unapproved contractor are not eligible for reimbursement under provisions of the agreement. The district utilities staff can take appropriate steps to approve a subcontract and advise when the utility owner can recommence work.&lt;br /&gt;
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===643.2.16.4 Documentation===&lt;br /&gt;
All documents related to the construction of the utility adjustment necessary to allow highway construction should be stored in MoProjects.&lt;br /&gt;
&lt;br /&gt;
Construction records must be kept to confirm that work is done in accordance with the terms of the agreement and in the manner proposed in the plans. The importance of a complete and accurate record cannot be overemphasized. Detailed records are necessary to support the recommendation for payment of the final invoice. A complete, separate daily record must be kept on each actual cost adjustment and submitted for review when the final invoice is recommended for payment. This district utilities staff responsible for inspection should complete the Daily Utility Report (C-9).&lt;br /&gt;
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====643.2.16.4.1 Utility Reports====&lt;br /&gt;
The Daily Utility Report ([https://epg.modot.org/forms/general_files/DE/C-9.docx Form C-9]) and the Final Utility Report ([https://epg.modot.org/forms/general_files/DE/C-13.docx Form C-13]) are used for documenting utility adjustments necessary to allow highway construction. The use of C-9s and C-13s will vary with method of reimbursement. For utility adjustments necessary to allow highway construction that overlap with the highway contractor’s work, progress records should be kept as necessary to coordinate the highway and utility construction activities. Sufficient records must be maintained to check and verify the items of labor, equipment, materials, and salvaged items as submitted on the final invoice.&lt;br /&gt;
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=====643.2.16.4.1.1 Daily Utility Report (C-9)=====&lt;br /&gt;
C-9s are only required for actual cost agreements. The district utilities staff responsible for inspection must in all cases keep records to document inclement weather, down time, and verbal authorization for minor changes. The district utilities staff responsible for inspection must complete a C-9 documenting the number and classification of employees and number of hours worked. Records of material used and of retired materials returned to stock or scrapped must be kept. The utility owner’s major items of equipment must also be recorded. When work is done by the contract method based on unit prices, the district utilities staff responsible for inspection should ascertain that units of work as provided in the bid proposal are measured and recorded to form a basis for checking the final invoice. C-9s should list the location and the number of units of work accomplished for that period. If contract labor or equipment is used by a utility owner on the basis of a bid per hour, per day, etc., it will be necessary to keep records on this labor or equipment time in the same manner as if the utility owner were performing the work with its own internal forces. District utilities staff responsible for inspection should also note all contractors working for the utility owner and the contractor approval authorization dates given in the agreement.&lt;br /&gt;
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=====643.2.16.4.1.2 Final Utility Report (C-13)=====&lt;br /&gt;
C-13s summarize that the utility adjustment work that was done in accordance with the agreement and plans, the percentage of total cost that is the responsibility of the Commission, and any progress payments that have been made. A C-13 is required for both actual cost and lump sum agreements. The requested numbers shown on line 9 (Commission Estimated Cost) and line 10 (Amount of Final Bill) in the report are the Commission’s total responsibility.&lt;br /&gt;
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====643.2.16.4.2 Breakdown and Emergency====&lt;br /&gt;
When breakdown and emergency situations occur, prior approval by MoDOT is not required for contract or equipment rental work unless the cost or period of time will be extensive. The utility owner should furnish a letter as soon as possible to explain the situation and set out the estimated costs involved. The district utilities staff’s records should substantiate the need and the changes for personnel and equipment.&lt;br /&gt;
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====643.2.16.4.3 Stop Work====&lt;br /&gt;
If at any point, a stop work order is given by MoDOT to a utility owner, written documentation of the stop work order should be saved in MoProjects.&lt;br /&gt;
&lt;br /&gt;
===643.2.16.5 Change Orders===&lt;br /&gt;
Any change in the plan of adjustment should be documented in writing to the utility owner as a change order. If the change order is anticipated to exceed $100,000 or 15% of the original agreement amount, district utilities staff should negotiate a supplemental agreement with the utility owner’s representative. Once a supplemental agreement is in place, district utilities staff should contact Financial Services to obtain an adjustment of the obligation mid-project. Change orders without supplemental agreements will be settled once the project is complete.&lt;br /&gt;
&lt;br /&gt;
====643.2.16.5.1 Actual Cost Agreement====&lt;br /&gt;
Slight modifications in quantities or the addition of minor items not included with the original agreement do not require a supplemental agreement. However, such changes should be documented in writing with the utility owner. A supplemental agreement is needed if costs exceed the above threshold or if there is a change in the percentage of cost that is the Commission’s responsibility on an agreement with shared responsibility for costs. Intermediate partial payments cannot be made on items in a supplemental agreement until the supplemental agreement is approved.&lt;br /&gt;
&lt;br /&gt;
====643.2.16.5.2 Lump Sum Agreement====&lt;br /&gt;
A supplemental agreement to a Lump Sum Agreement is only required for significant changes in the scope of work of the utility adjustment necessary to allow highway construction. Normal overruns are not considered as changes in approved work and will not be reimbursed. Significant changes in the scope of work on utility adjustments necessary to allow highway construction cannot be done until the supplemental agreement is approved, and the adjustment in obligation of funds is complete.&lt;br /&gt;
&lt;br /&gt;
==643.2.17 Utilities during Highway Construction==&lt;br /&gt;
The contractor is responsible for having utilities located by contacting Missouri One-Call (811) prior to any excavation on the project. A reminder of this responsibility should be made at the preconstruction meeting.&lt;br /&gt;
&lt;br /&gt;
===643.2.17.1 Preconstruction Meeting (Pre-Con)===&lt;br /&gt;
District utilities staff should be invited to all pre-cons.&lt;br /&gt;
&lt;br /&gt;
Pre-cons fall into three categories relating to utilities:&lt;br /&gt;
# No utility adjustments are anticipated within the project limits,&lt;br /&gt;
# All utility adjustments completed prior to the pre-con, and&lt;br /&gt;
# All utility adjustments not completed prior to the pre-con.&lt;br /&gt;
&lt;br /&gt;
====643.2.17.1.1 No Utility Adjustments Anticipated within the Project Limits====&lt;br /&gt;
For projects without a Utility Job Special Provision (JSP), no involvement of the utility owners is required at the pre-con. For projects with a Utility JSP, the Resident Engineer (RE) should invite all utility owner representatives listed in the JSP with known required adjustment to the pre-con. The RE should review potential impacts of the highway construction project with the contractor and the utility owner.&lt;br /&gt;
&lt;br /&gt;
====643.2.17.1.2 All Utility Adjustments Completed Prior to the Pre-Con====&lt;br /&gt;
The RE should invite all utility owner representatives listed in the JSP with known required adjustment to the pre-con. The RE should review potential impacts of the highway construction project with the contractor and the utility owner. A general discussion should highlight the previous adjustments made by the utility owner and what abandoned utility facilities the contractor may encounter.&lt;br /&gt;
&lt;br /&gt;
====643.2.17.1.3 All Utility Adjustments Not Completed Prior to the Pre-Con====&lt;br /&gt;
It is important for the RE and inspector to understand the utility owner’s work schedule and how it relates to the contractor’s work schedule. During the pre-con, the schedule of the utility owner and highway construction contractor should be discussed, and conflicts should be addressed to allow utility adjustments and highway construction to progress as near to the proposed schedule as possible. On large-scale projects that have many utility issues to address that could impact the work of the highway construction contractor, it may be necessary to have a separate pre-con with utility owner representatives.&lt;br /&gt;
&lt;br /&gt;
===643.2.17.2 Coordination Meetings===&lt;br /&gt;
When the utility work will not be completed soon after the preconstruction meeting, the RE should meet with district utilities staff, the highway construction contractor, and the utility owner representatives on a regular basis to discuss utility coordination issues, so expectations from all parties are known and conveyed clearly. The utility owner may need some work performed by MoDOT or the highway construction contractor prior to completing their adjustments. (Examples include: survey staking of right of way or proposed facilities, trees cleared, grading performed, or new structures built).&lt;br /&gt;
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==643.2.18 Service Drops==&lt;br /&gt;
Power and communication services provided by utility owners are necessary for the operation of the highway system. These services may include power to traffic signals, lighting, or ITS devices; power for cathodic protection; or telecommunication services to signal controllers or ITS devices. The project design teams should work with district utilities staff to identify proper locations for the applicable utility owners to provide these services. Various utility owners have different requirements for this process. The district utilities staff is encouraged to develop a workable relationship with the utility owners who provide these services to MoDOT. The costs of installing the services charged by the utility owner are considered a non-contractual item and should be accounted for in the project’s budget in the STIP. The proposed location and method for the service drops should be shown on the roadway plans. District utilities staff should meet with the utility owner’s representative to ensure the proposed location can be accommodated by the utility owner. For electrical service connections, the power supply assembly is ideally located a maximum of ten feet (10’) from the source location. Plans submitted for PS&amp;amp;E should reflect the agreed upon location for all service connections. During construction, district utilities staff and district construction staff should work together to ensure the placement of the services is consistent with the project plans. Payment for the service drops should be invoiced by the utility owner to the district. District utilities staff is responsible for submission of the invoice directly to Financial Services for payment noting the non-contractual charges for the project.&lt;br /&gt;
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==643.2.19 Buy America Build America for Utilities==&lt;br /&gt;
FHWA’s Buy America Build America (BABA) policies require a domestic manufacturing process for all steel or iron products, other construction materials, and manufactured products that are permanently incorporated into Federal-Aid Highway construction projects, including products and materials used for adjustments to utility facilities to allow highway construction. These guidelines are for all federally reimbursable transportation projects where FHWA is the lead federal agency; it does not take precedence over projects where Federal Transit Administration or the Federal Railroad Administration is deemed the be the lead federal agency.&lt;br /&gt;
&lt;br /&gt;
===643.2.19.1 Program Requirements for Utilities===&lt;br /&gt;
All MoDOT projects are federal-aid projects, and therefore, all reimbursable utility adjustments are required to follow the provisions of BABA. More information on MoDOT’s BABA policy and procedures can be found in [[106.9_Buy_America_Requirement|EPG 106.9 Buy America Requirement]]. Specifically, utility owners should be aware of the following procedures for determining applicability of the EPG 106.9 requirements to reimbursable utility adjustments necessary to allow highway construction:&lt;br /&gt;
* BABA does not apply when materials are relocated from one location to another within the project limits.&lt;br /&gt;
* BABA does not apply for materials necessary for temporary utility adjustments assuming materials are removed from the right of way upon completion of the utility adjustment to allow highway construction.&lt;br /&gt;
* Non-reimbursable work must be kept separate from reimbursable work (agreements, permits, etc.) in order to not be subject to BABA.&lt;br /&gt;
&lt;br /&gt;
===643.2.19.2 Certification Requirements for Utilities===&lt;br /&gt;
Utility owners have the option of choosing either to self-certify BABA compliance or provide vendor/manufacturer certification to MoDOT. The method of certification is chosen by the utility owner and is documented in either the MRUA or the project specific agreement. Regardless of agreement type or certification method, the utility owner must be compliant with BABA requirements.&lt;br /&gt;
&lt;br /&gt;
====643.2.19.2.1 BABA Utility Owner Self-Certification====&lt;br /&gt;
If a utility owner chooses to self-certify BABA compliance, the utility owner is not required to provide MoDOT copies of the supplier certification as part of the project documentation or with the final invoice for any reimbursable utility adjustment necessary to allow highway construction. Retention of all documents should be as described in the agreement.&lt;br /&gt;
&lt;br /&gt;
====643.2.19.2.2 BABA Vendor/Manufacturer Certification====&lt;br /&gt;
If a utility owner chooses to use vendor/manufacturer certification, the utility owner will supply MoDOT BABA compliance from all vendors and/or manufacturers. Certification from vendors will be signed by an authorized representative of the vendor on company letterhead or other acceptable documentation and will declare that all supplied materials subject to BABA requirements are fully compliant. Certification from iron or steel manufacturers must be in the form of a mill test report (MTF) issued and signed by the initial fabricator stating the materials subject to BABA were melted and manufactured in the United States. Other written statements on company letter or other acceptable documentation signed by an authorized representative of the manufacturer for any additional treatment to the fabricated material (such as blasting, galvanizing, painting, or coating) will state that all treatment processes occurred in the United States according to FWA guidelines. Retention of all documents should be as described in the agreement. Manufacturer certification for manufactured products or construction materials will state that all materials were sourced from the United States and were fabricated in the United States. Retention of all documents should be as described in the agreement.&lt;br /&gt;
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&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643.4 Railroads (NO CHANGE) &#039;&#039;PAGE TITLE&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;&lt;br /&gt;
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==236.5.12 Excess Land Conveyances &amp;amp; Relinquishments - Utilities==&lt;br /&gt;
All conveyances and relinquishments of Commission-owned property shall be evaluated for the existence of any utility facilities located within the areas to be conveyed or relinquished. A conveyance or relinquishment of Commission-owned property may have implications to the utility facilities, and the utility owners, when the Commission no longer controls the property. It is important to maintain the continuity of utility facilities for the general public; therefore, to identify and minimize potential impacts, MoDOT shall involve utility owners in the conveyance and relinquishment processes.&lt;br /&gt;
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===236.5.12.1 Excess Land Conveyances Utilities===&lt;br /&gt;
MoDOT shall only recommend that a property be declared excess upon satisfactorily addressing the utility impacts. Whether MoDOT or an external party initiates the conveyance of excess property, utility impacts shall be adequately addressed by using one of the following methods: &lt;br /&gt;
:1. Each utility facility will be relocated by permit into a new utility corridor retained by the Commission.&lt;br /&gt;
:2. Each utility facility will remain in place with the benefit of a non-exclusive permanent utility easement.&lt;br /&gt;
::&#039;&#039;If the Commission holds fee simple title to the property, the Commission shall convey a non-exclusive permanent utility easement to each utility owner&#039;&#039;.&lt;br /&gt;
::&#039;&#039;If the Commission holds a less than fee simple title interest in the property, MoDOT shall facilitate the conveyance of a non-exclusive permanent utility easement from the party acquiring the property to each utility owner&#039;&#039;.&lt;br /&gt;
:3. Each utility facility will be relocated to another portion of the property being conveyed.&lt;br /&gt;
::&#039;&#039;If the Commission holds fee simple title to the property, the Commission shall convey a non-exclusive permanent utility easement to each utility owner&#039;&#039;. &lt;br /&gt;
::&#039;&#039;If the Commission holds a less than fee simple title interest in the property, MoDOT shall facilitate the conveyance of a non-exclusive permanent utility easement from the party acquiring the property to each utility owner&#039;&#039;.&lt;br /&gt;
:4. Each utility facility will be relocated onto a portion of the property already owned by the party acquiring the Commission-owned property, with the benefit of a non-exclusive permanent easement. (MoDOT shall facilitate the conveyance of a non-exclusive permanent utility easement from the party acquiring the property to each utility owner.)&lt;br /&gt;
:5. A three-party negotiated settlement taking into consideration the overall value of the proposed transaction.&lt;br /&gt;
:6. Additional options to address utility impacts may be utilized with approval from the Asst. to the State Design Engineer - Right of Way.&lt;br /&gt;
&lt;br /&gt;
===236.5.12.2 Road Relinquishment Utilities===&lt;br /&gt;
MoDOT shall only recommend the relinquishment of roadways through the [[236.14 Change in Route Status Report|Change in Route Status Report]] upon satisfactorily addressing the impacts to utility facilities. If the roadway will be relinquished to a local public transportation authority, with the intent that it continues to be used as a public roadway, a clause similar to the following shall be included in the deed from the Commission to the local public transportation authority:&lt;br /&gt;
:&#039;&#039;&amp;quot;Grantee, by acceptance of this conveyance, covenants and agrees for itself, its successors and assigns, to allow known or unknown utility facilities currently located on the property, whether of record or not, to remain on the property, and to grant the current and subsequent owners of those facilities the right to maintain, construct and reconstruct the facilities and their appurtenances over, under, and across the land herein conveyed, along with the right of ingress and egress across the land herein conveyed to and from those utilities.&amp;quot;&#039;&#039; &lt;br /&gt;
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Proposed roadway relinquishments to private entities shall be reviewed in a manner consistent with the conveyance of excess property described in [[236.5 Property Management#236.5.3 Asset Management Committee|EPG 236.5.3 Asset Management Committee]].&lt;/div&gt;</summary>
		<author><name>Hoskir</name></author>
	</entry>
	<entry>
		<id>https://epg.modot.org/index.php?title=User:Hoskir/Revision_Request_4225&amp;diff=58894</id>
		<title>User:Hoskir/Revision Request 4225</title>
		<link rel="alternate" type="text/html" href="https://epg.modot.org/index.php?title=User:Hoskir/Revision_Request_4225&amp;diff=58894"/>
		<updated>2026-06-23T16:05:41Z</updated>

		<summary type="html">&lt;p&gt;Hoskir: /* 643.2.12.3 Project Specific Agreements */&lt;/p&gt;
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| ● [https://www.ecfr.gov/current/title-23/chapter-I/subchapter-G/part-64523 CFR 645]&lt;br /&gt;
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| ● [https://www.sos.mo.gov/cmsimages/adrules/csr/current/7csr/7c10-3.pdf7 CSR 10-30]&lt;br /&gt;
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&#039;&#039;&#039;Utility Accommodation Policy:&#039;&#039;&#039; State DOTs are required to develop policies and procedures pertaining to the use, accommodation, and/or relocation of public and private utility facilities on highway rights-of way using Federal-aid highway funds. State DOTs are required to develop, maintain, and obtain FHWA approval of their Utility Accommodation Policy (UAP) (23 CFR section 645.215). This EPG article 643 and subarticles 643.1 through 643.3 are Missouri Department of Transportation (MoDOT)’s Utility Accommodation Policy. Text in EPG 643 consolidates various federal and state statutes and rules into a single, cohesive, workable policy to outline processes for MoDOT staff and utility owners.&lt;br /&gt;
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&#039;&#039;&#039;Delegation of Work:&#039;&#039;&#039; Each MoDOT district is responsible for ensuring implementation of the UAP outlined in the subsequent EPG articles. Each district can create its own organization for whom is responsible for the work including between divisions and job titles. Work responsibilities within this article and subarticles are generic where possible. If a specific title is included, that title has sole responsibility for that item of work.&lt;br /&gt;
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[[media:144 Major Highway System 2022.pdf|major routes]]&lt;br /&gt;
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&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643.1 Utility Location  &#039;&#039;PAGE TITLE&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt; &lt;br /&gt;
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The information in this article provides a uniform system for regulating the location, construction, maintenance, removal, and relocation of utility facilities on the right of way of roadways located on the state highway system. It also provides for the facilitation of construction and maintenance of these roadways. Any location or relocation of utility facilities contrary to this information is an interference with the construction, maintenance, or operation of a state highway and its right of way and is prohibited.&lt;br /&gt;
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==643.1.1 Permits==&lt;br /&gt;
All utility owners are required to obtain a permit to work on Missouri Highway and Transportation Commission (Commission) right of way. A permit is required for original installation of the utility facility, on-going maintenance of the utility facility, or adjustments to a utility facility necessary to allow highway construction. Per [[127.29_Stormwater#127.29.4.3_MCM_3:_Illicit_Discharge_Detection_and_Elimination_(IDDE)_Program|EPG 127.29.4.3]], discharges of anything other than stormwater are not permitted. A deposit or bond is required to ensure completion of the work in accordance with the permit issued. An [https://www.modot.org/permits application for a permit] may be made on established forms specifically stating the nature of the work to be performed. Applications for permits may be obtained at any of the [https://www.modot.mo.gov/ seven (7) district highway offices] of the Commission, [https://www.modot.mo.gov/ MoDOT&#039;s website], or by requesting it from the office of the Missouri Highways and Transportation Commission in Jefferson City, Missouri. The application for a permit will specifically state the nature of the work to be performed, what specific type of utility facility is to be installed, and, if necessary, the timeframe of any temporary use. Piping of any type of sewage or waste will only be allowed providing any permitting by a regulatory agency, such as Missouri Department of Natural Resources, can be provided. Prior to obtaining a permit through MoDOT’s permit system, a utility owner will be required to provide a bond to ensure satisfactory work and complete a TR50 Electronic Signature Agreement with the Commission. The name of the utility owner must match on the bond, TR50, and in the permit system. More information on permitting can be found in [[:Category:941_Permits_and_Access_Requests|EPG 941]].&lt;br /&gt;
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===643.1.1.1 Emergency Work===&lt;br /&gt;
When emergency operations work is necessary, the damaged utility facility may be accessed immediately and without a permit by leaving the pavement at such points as may be necessary to effect emergency repairs, provided immediate notice is given to the Missouri State Highway Patrol and the district utilities staff for the district wherein the work will be performed, and a permit for emergency operations is requested immediately upon discovery of the need for emergency operations. A permit for emergency operations work is to be obtained as soon as practical, but in no event later than two (2) working days after the emergency operations work has commenced. Emergency operations include, but are not limited to, unplanned work in response to utility facilities being so damaged as to constitute an emergency situation directly affecting or endangering traffic on the highway or public health or safety.&lt;br /&gt;
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===643.1.1.2 Third-Party Inspection===&lt;br /&gt;
When a utility owner has a large number of projects in a given area or projects involving great complexity, MoDOT reserves the right to limit the number of permits open at any given time. With approval of the district utilities staff, a utility owner may hire a third-party inspector, at their cost. The third-party inspector will allow the utility owner to increase the number of permits open at any given time. The responsibility of the third-party inspector will be to ensure the installation of the utility facility proceeds in a manner consistent with the plans approved in the permit, including all work zone requirements and conformity with MoDOT’s Standards and Specifications. The MoDOT approved third-party inspector will be listed in the permit. MoDOT may audit third-party inspections and revoke the right to use third-party inspections should the inspectors fail to perform their duties.&lt;br /&gt;
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===643.1.1.3 Abandoned Utility Facilities===&lt;br /&gt;
All utility facilities installed in Commission right of way are the property of the utility owner whether the utility facility is active or inactive. MoDOT may allow a utility facility to remain on Commission right of way whether the utility facility was abandoned for a MoDOT project or at the utility owner’s discretion. MoDOT may place requirements (such as removing inactive fiber optic cables, grouting pipes, removing valves) on the utility owner as part of the process of abandoning a utility facility. Liability for damage to Commission right of way due to an abandoned facility remains the responsibility of the utility owner. In the event MoDOT requires the removal of the abandoned utility facility, responsibility for the cost of the removal will be determined per [[#643.2.8_Cost_Responsibility|EPG 643.2.8]].&lt;br /&gt;
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==643.1.2 Definitions==&lt;br /&gt;
&#039;&#039;&#039;Bridge Attachment:&#039;&#039;&#039; A bridge attachment is any utility facility, including communication lines and electrical lines, or any other utility facility of a similar nature that is fastened to a bridge for the purpose of spanning an obstacle.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Clear zone:&#039;&#039;&#039; The total roadside border area starting at the edge of the traveled way, available for safe use by errant vehicles. This area may consist of a shoulder, a recoverable slope, a non-recoverable slope, and/or the area at the toe of a non-recoverable slope available for safe use by an errant vehicle. Clear zone dimensions are provided in the current edition of American Association of State Highway Transportation Officials Roadside Design Guide.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Ditch Line:&#039;&#039;&#039; A line where the roadway ditch meets the back slope. It is located at the lowest point of a V-bottom ditch or furthest point from the roadway of a flat bottom ditch where the roadway slopes back to the existing ground line.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Duct:&#039;&#039;&#039; An enclosed tubular casing, or raceway, for protecting wires, lines, or cables that is often flexible or semi-rigid (1-3% diametric deflection). The casing, or raceway, is separate from the cable or conductor that passes through it.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Encasement:&#039;&#039;&#039; The term encasement means the placing of an installation around and outside of an underground facility consisting of a larger conduit that permits the removal and replacement of the facility. An alternate to the conduit type encasement is reinforced concrete poured around the utility facility. Utility owners are allowed to use any types of material as a carrier and encasement for its facilities as expressly provided for in the permit issued for the installation of the utility facility.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Freeway:&#039;&#039;&#039; A divided arterial highway with full control of access.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Highway:&#039;&#039;&#039; Any public way for vehicular travel, including the entire area within the right of way and related facilities constructed or improved and maintained by the Missouri Highways and Transportation Commission (MHTC) acting through the Missouri Department of Transportation (MoDOT).&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Interchange Limits:&#039;&#039;&#039; For the uniform handling of utility installations only, the limits of an interchange are the outside ramp curve points. See [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_1_TypicalInterchangeLimits_AOD.pdf EPG Figure 643.1.1] for an example.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Interstate System or Other Freeways/Expressways:&#039;&#039;&#039; Interstate highways and highways with fully controlled access.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Major Routes (Interstates, Freeways/Expressways and Principal Arterials):&#039;&#039;&#039; The major highway system is all routes functionally classified as principal arterials. The principal arterial system provides for statewide or interstate movement of traffic. The major roads in Missouri total approximately 5,500 centerline miles.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Minor Routes:&#039;&#039;&#039; The minor highway system is all routes functionally classified as minor arterials or collectors. These routes mainly serve local transportation needs. The minor roads in Missouri total approximately 28,400 centerline miles.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Normal Right of Way Line:&#039;&#039;&#039; An imaginary line that connects sudden breaks in the major right of way points for roadways. Sight distance right of way points (triangles) at roadway intersections are not to be considered as sudden breaks for determining normal right of way.&lt;br /&gt;
[[File:fig_643.1.2-06_2026.jpg|none|700px|thumb|Figure 643.1.2 Normal Right of Way Line.]]&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Private Lines:&#039;&#039;&#039; Privately owned utility facilities which convey or transmit the commodities outlined in the definition of utility facility of this section but devoted exclusively to private use.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Scenic Enhancement Areas:&#039;&#039;&#039; Scenic enhancement areas include areas acquired or so designated as scenic strips, overlooks, rest areas, recreation areas, and the right of way of adjacent roadways and the right of way of roadways that pass through public parks and historic sites as described under 23 USC 138.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Utility Corridor:&#039;&#039;&#039; An area established for the placement of utility facilities parallel to the normal right of way line.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Utility Facility:&#039;&#039;&#039; Privately, publicly, or cooperatively owned line, facility, or system for producing, transmitting, or distributing communications, cable television, power, electricity, light, heat, gas, oil, crude products, water, steam, waste, storm water not connected with highway drainage or any other similar commodity, including any fire or police signal system or street lighting system which directly or indirectly serves the public and does not include privately owned facilities devoted exclusively to private use. The term &amp;quot;utility facility&amp;quot; includes those facilities used solely by the utility owner that are a part of its operating plant.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Utility Owner:&#039;&#039;&#039; The utility owner is the utility company, inclusive of any wholly owned or controlled subsidiary, or city or county which owns utility facilities. The term also includes those government agencies that lease a utility facility for its own use or otherwise dedicated solely to governmental use.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Variance:&#039;&#039;&#039; A one- (1-) time deviation from the requirements for location or relocation of utility facilities on the right of way of highways in the state highway system as established in [https://www.sos.mo.gov/cmsimages/adrules/csr/current/7csr/7c10-3.pdf Title 7 Code of State Regulations 10-3], requested by the utility, and approved by a MoDOT District Design Engineer.&lt;br /&gt;
&lt;br /&gt;
==643.1.3 Location of Utility Facilities==&lt;br /&gt;
Utility facilities paralleling the roadway should be installed in the utility corridor except as outlined below. The utility corridor is the space for all utility owners generally within six feet (6’) of the normal right of way line. When considering if the current utility corridor is available to expand from six feet (6’) to as much as twelve feet (12’), MoDOT determines if the expansion is warranted. In making the determination, MoDOT will consider the existing utilization of the original six feet (6’) corridor. Poles must remain within two feet (2’) of the normal right of way line unless approved by a variance. The utility corridor will only be expanded beyond six feet (6’) if the original six feet (6’) corridor is fully utilized and additional space would be required to accommodate additional utility facilities. Acquisition of additional right of way to establish a twelve feet (12’) corridor is not required on highway construction projects. For depths for underground utility facilities, see [[#643.1.4.1_Minimum_Cover_for_Underground_Facilities|EPG 643.1.4.1]].&lt;br /&gt;
&lt;br /&gt;
Utility facilities crossing the roadway should be installed as close to ninety degrees (90°) to the centerline of the roadway as possible and based on the guidelines below depending on the type of roadway. See [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_3_TypicalUtilityCorridor-InterchangeatMajorRoute_AOD.pdf EPG Figure 643.1.3] and [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_4_TypicalUtilityCorridor-InterchangeatMinorRoute_AOD.pdf EPG Figure 643.1.4] for typical utility corridors around interchanges.&lt;br /&gt;
&lt;br /&gt;
===643.1.3.1 Interstate System or Other Major Freeways/Expressways===&lt;br /&gt;
The installation of all utility facilities on highways of the Interstate System or other major freeways/expressways with fully controlled access are to be installed, serviced, and maintained without entering or leaving the roadway and ramps except at points approved by MoDOT for that purpose and without parking any equipment or storing materials upon the medians, roadway and ramps, or shoulders of the roadways. Cutting or damaging the pavement or paved shoulders is not permitted. New service connections to existing parallel utility facilities are to be permitted only where an outer roadway exists and then only where access is permitted by the Commission. Careful consideration will be given to the location of guys, anchors, braces, and other supports. Generally, good design practice will provide that appurtenances be located at right of way jogs, along intersecting road right of way, or at other similar acceptable locations, so that encroachment is held to an absolute minimum.&lt;br /&gt;
&lt;br /&gt;
No utility facilities will be permitted within the interchange limits of an interchange between fully limited access highways where planned or existing. Utility facilities within the interchange limits of an interchange with a non-access controlled highway will be permitted only along the minor road, provided that all construction, service, and maintenance can be performed from the minor road. Manholes and poles must be located beyond the ramp termini.&lt;br /&gt;
&lt;br /&gt;
For structures carrying or over interstates or other major freeways/expressways, see [[#643.1.5_Bridge_Attachment_Policy|EPG 643.1.5]].&lt;br /&gt;
&lt;br /&gt;
====643.1.3.1.1 Utility Facilities Crossing the Interstate or Other Major Freeways/Expressways====&lt;br /&gt;
=====643.1.3.1.1.1 Overhead Crossings of the Interstate or Other Major Freeways/Expressways=====&lt;br /&gt;
Overhead crossings of utility facilities are permitted only for power transmission and distribution lines and for multiple circuit communication lines where an underground installation is not economically feasible. Supports for existing utility facilities crossing overhead may remain on the right of way provided they are near the right of way line regardless of the presence of an outer road. Supports for new overhead utility facilities crossing overhead may be located on the right of way near the right of way line where an outer roadway exists and are to be located off the right of way where no outer roadway exists. Overhead service crossings are only permitted in isolated cases for residential or commercial establishments when the denial of the crossing would require construction of more than 1,200 feet (1,200’) of utility line to provide the service. Main or distribution line crossings are required to serve a general area other than isolated cases.&lt;br /&gt;
&lt;br /&gt;
=====643.1.3.1.1.2 Underground Crossings of the Interstate or Other Major Freeways/Expressways=====&lt;br /&gt;
Underground crossings of utility facilities are to be continuously encased under the pavement, medians, ramps, and shoulders with the casing extending to the toe of the fill slopes or to the ditch line. In curbed sections, encasement should extend outside the outer curb of the roadways a distance equal to the depth of the encasement at the curb line. Where installed by open trench through unpaved areas, detector tape should be placed approximately one foot (1&#039;) above the encasement. Where an interstate or other major freeway has a parallel outer roadway, encasement should be continuous under all roadways within the right of way.&lt;br /&gt;
&lt;br /&gt;
Manholes or vent pipes are to be located at the right of way line or adjacent to the outer roadway.&lt;br /&gt;
&lt;br /&gt;
For fiber optic cable, encasement should extend from within six feet (6&#039;) of one right of way line to within six feet (6&#039;) of the other right of way line.&lt;br /&gt;
&lt;br /&gt;
Exceptions may be made for encasement as listed in [[#643.1.4.2_Exceptions_to_Encasement|EPG 643.1.4.2]].&lt;br /&gt;
&lt;br /&gt;
=====643.1.3.1.1.3 Parallel Installations along the Interstate or Other Major Freeways/Expressways=====&lt;br /&gt;
New parallel installations on the right of way may be permitted only where an outer roadway exists, provided that poles are within two feet (2&#039;) of the normal right of way line and underground utility facilities are within the utility corridor, and provided that the utility facility can be installed and maintained between the outer roadway and the right of way line. Existing overhead or underground utility facilities that parallel an existing roadway which will be incorporated into a completed highway as an outer roadway may remain in place if all maintenance and service can be performed from an outer roadway and the existing location does not interfere with construction, maintenance, or operation of the completed highway. If an existing parallel utility facility needs to be relocated so as to not interfere with the construction, maintenance, or operation of the completed interstate or other major freeway, poles may be located withing five feet (5’) of the right of way line.&lt;br /&gt;
&lt;br /&gt;
Underground utility facilities are expected to be buried within the utility corridor of sight distance triangles (SDTs) at roadway intersections unless granted a variance. Overhead utility facilities may be allowed to span intersecting roadways with SDTs provided the poles, or supports, are located outside the SDT.&lt;br /&gt;
&lt;br /&gt;
=====643.1.3.1.1.4 Sanitary Sewers within the Right of Way of Interstates or Other Major Freeways/Expressways=====&lt;br /&gt;
New installations of sanitary sewers should follow the applicable guidelines for either underground crossings or parallel installations as appropriate. Existing gravity trunk sanitary sewers should be considered individually and removed or left in place contingent upon its age, condition, feasibility of moving, and maintenance access. Encasement of existing trunk sewers left in place may be required for questionable condition, protection during construction, or heavy fills.&lt;br /&gt;
&lt;br /&gt;
Manholes should be relocated to the right of way lines or adjacent to an outer roadway.&lt;br /&gt;
&lt;br /&gt;
===643.1.3.2 Major Routes===&lt;br /&gt;
For structures carrying or over major routes, see [[#643.1.5_Bridge_Attachment_Policy|EPG 643.1.5]].&lt;br /&gt;
&lt;br /&gt;
====643.1.3.2.1 Major Routes with Partially Controlled Access Right of Way====&lt;br /&gt;
The installation of all utility facilities on highways with partially controlled access right of way are to be installed, serviced, and maintained without entering or leaving the roadway and ramps except at points approved by MoDOT for that purpose and without parking any equipment or storing materials upon the medians, roadway and ramps, or shoulders of the roadways. Cutting or damaging the pavement or paved shoulders is not permitted. Equipment or materials stored within the right of way must be protected by longitudinal barrier or be located outside the clear zone. New service connections to existing parallel utility facilities are to be permitted only where granted by the Commission.&lt;br /&gt;
&lt;br /&gt;
No utility facilities will be permitted within the interchange limits of an interchange between fully limited access highways where planned or existing. Utility facilities within the interchange limits of an interchange with a non-access controlled highway will be permitted only along the minor road, provided that all construction, service, and maintenance can be performed from the minor road. Manholes and poles must be located beyond the ramp termini.&lt;br /&gt;
&lt;br /&gt;
====643.1.3.2.2 Major Routes with Normal Access Right of Way====&lt;br /&gt;
All new utility facilities will be installed and maintained without cutting or damaging the pavement or paved shoulders except in the event underlying rock formations or other obstructions are encountered that prevent boring or pushing operations. A variance may be granted for pavement cuts when the need is established. Pavement cuts may only be made by permits issued when it is impractical to otherwise service and maintain the facility. The installation of all utility facilities is to be installed without parking any equipment or storing materials upon the medians, roadway and ramps, or shoulders of the roadways. Equipment or materials stored within the right of way must be protected by longitudinal barrier or be located outside the clear zone.&lt;br /&gt;
&lt;br /&gt;
====643.1.3.2.3 Utility Facilities Crossing Major Routes====&lt;br /&gt;
=====643.1.3.2.3.1 Overhead Crossings of Major Routes=====&lt;br /&gt;
Supports for utility facilities crossing overhead should be located as near the right of way line as possible. For major routes with controlled access right of way, new overhead service crossings may be permitted in isolated cases for residential or commercial establishments where the denial of such crossings would require the construction of more than 1,200 feet (1,200’) of utility line to provide the same service. For major routes with normal access right of way, there is no restriction on the placement of service crossings.&lt;br /&gt;
&lt;br /&gt;
=====643.1.3.2.3.2 Underground Crossings of Major Routes=====&lt;br /&gt;
Underground crossings of utility facilities are to be continuously encased under the pavement, medians, ramps, and shoulders with the casing extending to the toe of the fill slopes or to the ditch line. In curbed sections, encasement should extend outside the outer curb of the roadways a distance equal to the depth of the encasement at the curb line. Where installed by open trench through unpaved areas, detector tape should be placed approximately one foot (1&#039;) above the encasement. Where a major route has a parallel outer roadway, encasement should be continuous under all roadways within the right of way.&lt;br /&gt;
&lt;br /&gt;
Manholes or vent pipes are to be located at the right of way line or adjacent to the outer roadway.&lt;br /&gt;
&lt;br /&gt;
For fiber optic cable, encasement should extend from within six feet (6&#039;) of one right of way line to within six feet (6&#039;) of the other right of way line.&lt;br /&gt;
&lt;br /&gt;
Exceptions may be made for encasement as listed in [[#643.1.4.2_Exceptions_to_Encasement|EPG 643.1.4.2]].&lt;br /&gt;
&lt;br /&gt;
====643.1.3.2.4 Parallel Installations along Major Routes====&lt;br /&gt;
New parallel installations on the right of way may be permitted provided that poles are within two feet (2&#039;) of the normal right of way line and underground utility facilities are within the utility corridor. Existing overhead or underground utility facilities that parallel an existing roadway which will be incorporated into a completed highway may remain in place if all maintenance and service can be performed without entering or leaving the roadway except at approved access points; without parking equipment or storing materials on the median, pavement, ramps, or shoulders; and the existing location does not interfere with construction, maintenance, or operation of the completed highway. If an existing parallel utility facility needs to be relocated so as to not interfere with the construction, maintenance, or operation of the completed highway, poles may be located withing five feet (5’) of the right of way line.&lt;br /&gt;
&lt;br /&gt;
Existing steel pipe transmission and distribution facilities for gaseous petroleum products that parallel an existing roadway that will be incorporated into the completed roadway may be left in place subject to an agreement by the utility owner that maintenance or service and facility expansion will be performed without cutting or damaging the pavement or interfering with the construction, maintenance, and operation of the highway and provided that the facility is cathodically protected against corrosion and meets the applicable material requirements.&lt;br /&gt;
&lt;br /&gt;
Underground utility facilities are expected to be buried within the utility corridor of sight distance triangles (SDTs) at roadway intersections unless granted a variance. Overhead utility facilities may be allowed to span intersecting roadways with SDTs provided the poles, or supports, are located outside the SDT.&lt;br /&gt;
&lt;br /&gt;
====643.1.3.2.5 Sanitary Sewers within the Right of Way of Major Routes====&lt;br /&gt;
New installations of sanitary sewers should follow the applicable guidelines for either underground crossings or parallel installations as appropriate. An existing gravity trunk sanitary sewer should be considered individually and removed or left in place contingent upon its age, condition, feasibility of moving, and maintenance access. If an existing parallel gravity main is left in place within the limits of the paved surface, paved shoulder lines, or curb lines, stub mains as required will be laid between the sewer main and curb or shoulder lines for future service connections in each block. Manholes should be relocated outside the traveled roadway as near the right of way line as practical.&lt;br /&gt;
&lt;br /&gt;
===643.1.3.3 Minor Routes===&lt;br /&gt;
For structures carrying or over minor routes, see [[#643.1.5_Bridge_Attachment_Policy|EPG 643.1.5]].&lt;br /&gt;
&lt;br /&gt;
====643.1.3.3.1 Utility Facilities Crossing Minor Routes====&lt;br /&gt;
=====643.1.3.3.1.1 Overhead Crossings of Minor Routes=====&lt;br /&gt;
Existing overhead crossings that interfere with construction, maintenance, or operation should be relocated with their supports as near the right of way line as is practical. New overhead crossing installations should be located with their supports as near the right of way line as is practical.&lt;br /&gt;
&lt;br /&gt;
=====643.1.3.3.1.2 Underground Crossings of Minor Routes=====&lt;br /&gt;
All new utility facilities should be installed and maintained without cutting or damaging the pavement or paved shoulders. A variance may be granted for pavement cuts when servicing and maintaining the facility by any other methods is impractical. Pavement cuts may only be made by permits issued. Underground crossings of utility facilities are to be continuously encased under the pavement, medians, ramps, and shoulders with the casing extending to the toe of the fill slopes or to the ditch line. In curbed sections, encasement should extend outside the outer curb of the roadways a distance equal to the depth of the encasement at the curb line. Where installed by open trench through unpaved areas, detector tape should be placed approximately one foot (1&#039;) above the encasement.&lt;br /&gt;
&lt;br /&gt;
Manholes or vent pipes are to be located at the right of way line or adjacent to the outer roadway.&lt;br /&gt;
&lt;br /&gt;
For fiber optic cable, encasement should extend from within six feet (6&#039;) of one right of way line to within six feet (6&#039;) of the other right of way line.&lt;br /&gt;
&lt;br /&gt;
Exceptions may be made for encasement as listed in [[#643.1.4.2_Exceptions_to_Encasement|EPG 643.1.4.2]].&lt;br /&gt;
&lt;br /&gt;
====643.1.3.3.2 Parallel Installations along Minor Routes====&lt;br /&gt;
New parallel installations on the right of way may be permitted provided that poles are within two feet (2&#039;) of the normal right of way line and underground utility facilities are within the utility corridor. Existing overhead or underground utility facilities that parallel an existing roadway which will be incorporated into a completed highway may remain in place if all maintenance and service can be performed without entering or leaving the roadway except at approved access points; without parking equipment or storing materials on the median, pavement, ramps, or shoulders; and the existing location does not interfere with construction, maintenance, or operation of the completed highway. If an existing parallel utility facility needs to be relocated so as to not interfere with the construction, maintenance, or operation of the completed highway, poles may be located within five feet (5’) of the right of way line.&lt;br /&gt;
&lt;br /&gt;
Underground utility facilities are expected to be buried within the utility corridor of sight distance triangles (SDTs) at roadway intersections unless granted a variance. Overhead utility facilities may be allowed to span intersecting roadways with SDTs provided the poles, or supports, are located outside the SDT.&lt;br /&gt;
&lt;br /&gt;
====643.1.3.3.3 Sanitary Sewers within the Right of Way of Minor Routes====&lt;br /&gt;
New installations of sanitary sewers should follow the applicable guidelines for either underground crossings or parallel installations as appropriate. An existing gravity trunk sanitary sewer should be considered individually and removed or left in place contingent upon its age, condition, feasibility of moving, and maintenance access. If an existing parallel gravity main is left in place within the limits of the paved surface, paved shoulder lines, or curb lines, stub mains as required will be laid between the sewer main and curb or shoulder lines for future service connections in each block. Manholes should be relocated outside the traveled roadway.&lt;br /&gt;
&lt;br /&gt;
===643.1.3.4 Roundabouts===&lt;br /&gt;
Regardless of roadway type, it is desirable to avoid locating utility facilities and their access points within the circulatory roadway. If possible, utility facilities are located in the legs of the roundabout to allow for future maintenance and access at an isolated leg versus affecting the entire roundabout. See [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_5_TypicalLocationofUtilityFacilitiesnearRoundabouts_AOD.pdf EPG Figure 643.1.5] for an example.&lt;br /&gt;
&lt;br /&gt;
===643.1.3.5 Utility Facilities in Scenic Enhancement Areas===&lt;br /&gt;
All existing utility facilities within the limits of a scenic enhancement area requiring adjustment because of construction or reconstruction will be placed underground or relocated beyond the limits of the scenic enhancement area. No new above ground facilities will be permitted. New underground facilities will be permitted provided they do not extensively alter or impair the appearance of the area.&lt;br /&gt;
&lt;br /&gt;
==643.1.4 Installation of Utility Facilities==&lt;br /&gt;
The following sections provide information on the physical installation of utility facilities within highway right of way.&lt;br /&gt;
&lt;br /&gt;
===643.1.4.1 Minimum Cover for Underground Facilities===&lt;br /&gt;
The minimum cover for new underground utilities is:&lt;br /&gt;
* Forty-two inches (42”) for all water lines (parallel and crossings).&lt;br /&gt;
* Forty-two inches (42”) for fiber optic cable (crossings encased in rigid conduit).&lt;br /&gt;
* Seventy-two inches (72”) for fiber optic cable (crossings encased in polyethylene (PE) pipe).&lt;br /&gt;
* Thirty inches (30”) for direct burial and in trench fiber optic cable (parallel).&lt;br /&gt;
* Twenty-four inches (24”) for all other direct burial copper or coaxial cable, (parallel).&lt;br /&gt;
* Seventy-two inches (72”) for uncased polyethylene (PE) gas pipe crossings under ditches and roadways but thirty inches (30”) elsewhere.&lt;br /&gt;
* Thirty inches (30”) for all other (such as, but not limited to, gravity sewers, forced sewers, and electric) underground utilities (both parallel and crossing).&lt;br /&gt;
&lt;br /&gt;
===643.1.4.2 Exceptions to Encasement===&lt;br /&gt;
Exceptions may be made for encasement as follows:&lt;br /&gt;
* Non-fiber communication or electric cables installed in ducts.&lt;br /&gt;
* Welded steel pipelines carrying gaseous or liquid petroleum products - provided they are cathodically protected against corrosion, triple-coated in accordance with accepted pipeline construction standards, and meet applicable material requirements.&lt;br /&gt;
* Natural gas distribution pipe (nominal six-inch (6”) diameter maximum) of polyethylene (PE) plastic, traceable, installed by a horizontal bore method at a minimum depth of seventy-two inches (72”) under ditches and roadways, constructed in accordance with and meeting applicable material requirements.&lt;br /&gt;
* Gas service connections protected and constructed in accordance with and meeting applicable material requirements.&lt;br /&gt;
* Encasement is not required for new trunk sanitary sewer crossings of vitrified clay, reinforced concrete or cast iron except when installation procedures would produce voids in the roadbed, heavy fills, or installations under pressure.&lt;br /&gt;
&lt;br /&gt;
===643.1.4.3 Above Ground or Ground Level Appurtenances===&lt;br /&gt;
Appurtenances protruding more than four inches (4”) above the ground line should be located outside the clear zone. If no feasible alternative exists and if permitted by a variance, appurtenances may be allowed within the clear zone if they meet breakaway criteria or will be shielded by a traffic barrier. Good design practice will provide that appurtenances be located at right of way jogs, along intersecting road right of way, or at other similar acceptable locations, so that encroachment is held to an absolute minimum. Cables, wires, small diameter pipes, and other such utility appurtenances extending from the surface of the ground should be equipped with covers or guards to improve their visibility. Appurtenances within sidewalks or street level pedestrian access routes are to be in conformance with the Americans with Disabilities Act requirements.&lt;br /&gt;
&lt;br /&gt;
The maximum pull box width perpendicular to the right of way line within the utility corridor is thirty inches (30”).&lt;br /&gt;
&lt;br /&gt;
===643.1.4.4 Overhead Utility Facilities===&lt;br /&gt;
The vertical clearance of new or existing overhead installations will not be less than the current minimum requirements of the National Electric Safety Code, but in no case less than eighteen feet (18’) inclusive of sag above the groundline for electrical facilities. Clearance may be reduced for overhead installations of cable, telephone, or fiber optic facilities.&lt;br /&gt;
A minimum radial clearance of twenty-five feet (25’) is provided from any utility facility to the nearest part of any bridge structure. A minimum radial clearance of ten feet (10’) is provided from the nearest charged electrical line to a MoDOT signal, lighting, ITS, or overhead sign structure.&lt;br /&gt;
&lt;br /&gt;
===643.1.4.5 Approved Materials===&lt;br /&gt;
Utility owners are allowed to use any material for underground utility facilities including carrier and encasement provided they accept responsibility for any future repairs and/or replacement of damaged MoDOT facilities should a failure occur. This will allow the use of current technology and procedures to provide the best value to its subscribers and the taxpayers of Missouri. For materials that MoDOT also uses in its highway system, utility owners must provide materials that meet the current [https://www.modot.org/missouri-standard-specifications-highway-construction Missouri Standard Specifications for Highway Construction]. For materials not listed in the Missouri Standard Specifications for Highway Construction, the utility owner should provide documentation of the standards used to determine suitability of the material.&lt;br /&gt;
&lt;br /&gt;
===643.1.4.6 Cutting===&lt;br /&gt;
In the event permission is granted to cut an existing concrete or asphalt pavement or sidewalk, the appropriate provisions below should be followed.&lt;br /&gt;
&lt;br /&gt;
====643.1.4.6.1 Pavement====&lt;br /&gt;
All pavement cuts should be made with a saw to the full depth of the pavement. The width of the cut is typically determined by the width of the trench plus a minimum one foot (1’) on each side of the trench. In the event the distance to any adjacent longitudinal or transverse joint or crack is less than four feet (4’), the pavement must be removed to the joint or crack. Cuts for perpendicular service tie-ins should be a minimum of three feet (3’) wide. Longitudinal main installations are typically cut at a minimum of half the lane width, but in no instance should the cut be along the wheel path of the lane.&lt;br /&gt;
[[File:fig_643.1.6-06_2026.jpg|800px|none|thumb|Figure 643.1.6 Pavement Repair Dimension Requirements.]]&lt;br /&gt;
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The utility facilities should be placed in a location with the least impact to the roadway. Typically, this leads to placement in the shoulder when available followed by the two-way left turn lane (TWLTL), and then outside lanes before allowing placement in interior through lanes. Lane switching should be kept to a minimum and should not be used to minimize repair sizes. Cuts for mains or service leads that may not be perpendicular to the roadway should be squared-off.&lt;br /&gt;
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Replacement of cut pavement should be full depth concrete in accordance with the current version at the time of installation of Section 613.10 Full Depth Pavement Repairs of the Missouri Standard Specifications for Highway Construction and the Missouri Standard Plans for Highway Construction. If the area of the pavement repair is not to be fully resurfaced all joints including the overcut from the sawing operation should be filled with an expansive mortar, epoxy, polyester, or joint material as approved by the Engineer in accordance with Section 1057 of the Missouri Standard Specifications for Highway Construction.&lt;br /&gt;
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====643.1.4.6.2 Pedestrian Access Routes====&lt;br /&gt;
All cuts in the pedestrian access routes whether asphalt or concrete should be made by saw and be the full depth of the material. Entire slabs of concrete sidewalk should be removed. Repair of the pedestrian access route must meet Americans with Disability Act requirements, see [[:Category:642_Pedestrian_Facilities|EPG 642]]. Cuts through curb ramps or detectable warning areas are not permitted. Rather the entire curb ramp or detectable warning area must be removed and replaced. MoDOT district ADA contacts can help ensure ADA compliance of impacted pedestrian access routes.&lt;br /&gt;
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===643.1.4.7 Non-disturbance Areas===&lt;br /&gt;
MoDOT has certain areas of right of way where mowing, spraying, digging, or other vegetation disturbance activities are restricted. These areas have been established to mitigate the environmental impacts of a previous project and should be avoided. If the areas cannot be avoided, contact MoDOT’s Environmental Section.&lt;br /&gt;
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==643.1.5 Bridge Attachment Policy==&lt;br /&gt;
No utility facility will be permitted in or on a structure carrying an interstate or other freeway unless it is part of a federal requirement or for MoDOT’s use. When the structure carries any other road type and no other practical means exists for the crossing, wires (communication, electrical, fiber, or metal) will be permitted. Electrical lines must be located to cause minimum exposure to MoDOT maintenance personnel and the public. Pressurized pipelines for gas or other petroleum products and water and all sewer lines are prohibited on all structures due to the risks associated with their failure.&lt;br /&gt;
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===643.1.5.1 Agreement===&lt;br /&gt;
An agreement is required for all utility facilities attached to any structure. A charge will be made for the increased maintenance costs involved. This fee is set by the Bridge Division. When permitted, a 50-year occupational agreement is executed with the utility owner. Agreement BR04 Utility Attachment Agreement is used when an attachment is added to a bridge during its construction. Agreement BR09 Bridge Attachment Agreement is used when an attachment is added to an existing bridge.&lt;br /&gt;
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===643.1.5.2 Requests===&lt;br /&gt;
Requests to attach facilities to structures is a multi-step process. Bridge Division is responsible for approval of the bridge attachment. If at any point in the process, Bridge Division determines the attachment to be unacceptable, a reason is to be provided.&lt;br /&gt;
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To start, the utility owner submits a conceptual request to the district utilities staff. The conceptual request consists of an explanation of the proposal; a general location sketch (i.e., which side of the bridge); and details on the facility, length, and weight per foot when full. The district utilities staff should work with all relevant district personnel including the District Bridge Engineer in reviewing and recommending the attachment. The district utilities staff will submit the recommended details to the Bridge Division to determine the applicable costs including future maintenance costs and for attachments to new bridges, design and construction. Once the Bridge Division has determined the cost, the district utilities staff shares the cost with the utility owner for their concurrence with furthering the process. For new bridges, if the utility owner concurs with the costs, the district utility staff will prepare the BR04 Agreement for execution by the utility owner and the Commission. MoDOT will be responsible for the design and construction of attachments to new bridges. For existing bridges, the district utilities staff will forward the applicable as-built bridge plans to the utility owner for its use in designing the bridge attachment. The utility owner will provide detailed design drawings, signed and sealed by a professional engineer in the State of Missouri, to the district utilities staff for review. The district utilities staff should work with all relevant district personnel, including the District Bridge Engineer, in reviewing and recommending the details of the attachment to the Bridge Division. Once Bridge Division approves, the Bridge Division will prepare the BR09 Agreement for execution by the utility owner and the Commission. The utility owner is responsible for the construction of attachments to existing bridges. A flow chart, [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_7_BridgeAttachementProcess_AOD.pdf EPG Figure 643.1.7], of the process is available.&lt;br /&gt;
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Payment from the utility owner for the attachment will be sent to Financial Services by district utilities staff. For BR04 agreements, district utilities staff should discuss with Financial Services how to get the payment credited to the project constructing the attachment. For BR09 agreements, district utilities staff should copy Bridge Division on correspondence with Financial Serves. Checks should be made payable to Director of Revenue, Credit State Road Fund.&lt;br /&gt;
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For requests from government entities such as cities, counties, and other municipalities, the requested information should be submitted to Bridge Division as described above. However, the district utilities staff will take the lead in preparing the DE10 County Agreement or DE11 Municipal Agreement, as applicable, with input from Bridge Division and Bridge Maintenance. All fees are waived for government entities.&lt;br /&gt;
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===643.1.5.3 Considerations===&lt;br /&gt;
The following considerations are made in determining the acceptability of a bridge attachment. Unique situations will be discussed with the Bridge Division as required.&lt;br /&gt;
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====643.1.5.3.1 Bridge Asset Management Program====&lt;br /&gt;
Requests for bridge attachments should be reviewed for consistency with the district’s upcoming bridge asset management program needs. If a structure is due for rehabilitation or replacement in the near future, information should be provided to the utility owner indicating existing remaining life of the bridge. In some instances, it may be in MoDOT’s best interest to deny the request for attachment outright. In some instances, the utility owner may still choose to pursue the short-term attachment to the existing structure. In almost all cases, the utility owner is responsible for the cost of removing and/or relocating their utility facilities for a necessary repair, widening, improvement or reconstruction of the structure. Review existing agreements for cost responsibility for current attachments.&lt;br /&gt;
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====643.1.5.3.2 Aesthetics====&lt;br /&gt;
In reviewing a request for a bridge attachment, how the structure is viewed by the public will be considered. For example, is the structure over a scenic stream that is extensively used by canoeists, or does the structure span a road that may provide access to a park, campgrounds, or boat launching facilities? Is the structure a grade separation where the motoring public will see the attachment before they pass under it?&lt;br /&gt;
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====643.1.5.3.3 Method of Attachment====&lt;br /&gt;
In order to maintain structural integrity of any structures the following requirements will apply for attachments.&lt;br /&gt;
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=====643.1.5.3.3.1 Welding=====&lt;br /&gt;
Welding of hardware to structural steel members (i.e., flanges, webs, stiffeners, and diaphragms) whether in tension or compression is not permitted.&lt;br /&gt;
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=====643.1.5.3.3.2 Drilling=====&lt;br /&gt;
Drilling holes in any structural steel member is not permitted. Drilling holes for anchors into any prestressed concrete member is not permitted. Although permitted, drilling holes for anchors into the underside of bridge decks must be done with caution. It is recommended all anchors be installed to miss deck reinforcing steel. Generally, drilling into decks will not be allowed where sonotubes were used (voided slab bridges). The depth of the holes should be such that breaking out of the concrete on the top side of the deck does not occur.&lt;br /&gt;
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=====643.1.5.3.3.3 Corrosion=====&lt;br /&gt;
Attachment hardware will be new, properly coated to prevent corrosion or be of a non-corrosive material, and be designed to support the facility.&lt;br /&gt;
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====643.1.5.3.4 Location====&lt;br /&gt;
In general, attachments are made on the underneath side of the bridge deck. The condition of the bridge deck will dictate the location of the attachment supports. An exception may be attachments to trusses or other overhead structures.&lt;br /&gt;
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Attachments that may require manholes in bridge decks are not allowed.&lt;br /&gt;
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When attachments are required to structures over streams that may carry large drifts, they must be attached to the downstream side of the structure and above the lowest superstructure element. It is preferred to locate the attachment on the outside of the exterior girder. If aesthetics are a concern, a better appearance can be achieved by having the attachment made to the inside of the exterior girder and above the bottom of the lower flange to hide the conduit and the attaching hardware.&lt;br /&gt;
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Placement of utilities must not prevent the removal of old paint, the application of new paint on superstructure steel, or cause debris buildup, which could cause structural deterioration.&lt;br /&gt;
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====643.1.5.3.5 Construction and Maintenance====&lt;br /&gt;
If the attachment cannot be built while maintaining one (1) lane of traffic on the structure, it will not be allowed.&lt;br /&gt;
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Construction procedures that severely impact traffic may factor into the allowable location of the attachment on the structure.&lt;br /&gt;
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When scaffolding is to be attached or supported by bridge rails, bridge superstructure, or bridge substructure, the procedures for construction of the attachment must be reviewed.&lt;br /&gt;
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The utility owner or local entity will pay for, or be responsible for, the painting of the attachment, if necessary, when the bridge requires painting.&lt;br /&gt;
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==643.1.6 Private Lines==&lt;br /&gt;
Private lines are permitted to cross the right of way of a highway in the same manner as outlined for all utility facilities in above sections of this article. Parallel installations along the right of way of a highway are not permitted. Special conditions at a specific location that make adherence to this policy impractical will be submitted to the Chief Engineer for consideration of an acceptable alternative. In certain situations, it may be necessary to obtain approval from the Federal Highway Administration (FHWA) before approval to use the alternative can be given to the private utility owner.&lt;br /&gt;
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==643.1.7 Water and Sewer Separations==&lt;br /&gt;
The Missouri Department of Natural Resources (MoDNR) Safe Drinking Water Commission via 10 CSR 60-10 and Clean Water Commission via 10 CSR 20-8 govern the design of water and sewer lines in the vicinity of one another. Basic criteria are outlined below for information, and details are contained within the regulations. MoDOT is not responsible for providing or acquiring adequate right of way for utility owners to comply with MoDNR requirements.&lt;br /&gt;
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===643.1.7.1 Water and Sewer Separations===&lt;br /&gt;
====643.1.7.1.1 Horizontal====&lt;br /&gt;
Sanitary and storm sewers are to be laid at least ten feet (10’) horizontally measured from outside edge to outside edge from any existing or proposed water main. In cases where it is not practical to maintain ten feet (10’) of separation, installation of the water main closer to the sewer is acceptable where the water main is installed in a separate trench or on an undisturbed earth shelf located on one (1) side of the sewer at an elevation so the bottom of the water main is at least eighteen inches (18”) above the top of the sewer.&lt;br /&gt;
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===643.1.7.2 Crossings===&lt;br /&gt;
Water mains are to be laid to provide a minimum vertical distance of eighteen inches (18”) vertically measured outside edge to edge from sanitary or storm sewers. This is the case whether the water main is above or below the sewer. One (1) full length of water pipe must be located so both joints will be as far from the sanitary or storm sewer line as possible. Special structural support for the water main or sanitary or sewer main may be required.&lt;br /&gt;
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===643.1.7.3 Exception===&lt;br /&gt;
When it is impossible to obtain proper horizontal and vertical separation as stipulated, the sewer will be designed and constructed equal to water pipe and will be pressure-tested to assure it is watertight prior to backfilling.&lt;br /&gt;
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===643.1.7.4 Water Supply Interconnections===&lt;br /&gt;
No physical connection is permitted between a public or private potable water supply system and any sanitary or storm sewer or appurtenance that would permit the passage of any sewage or polluted water into the water supply. No water pipe is permitted to pass through or come in contact with any part of a sanitary sewer manhole.&lt;br /&gt;
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===643.1.7.5 Water Works Structures===&lt;br /&gt;
Sewers are not permitted to be installed within fifty feet (50’) in any direction from any existing or proposed public water supply well or other water supply sources or structures.&lt;br /&gt;
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==643.1.8 Variances==&lt;br /&gt;
Occasionally, it is impractical to locate a utility facility in accordance with requirements outlined in this article. MoDOT may consider a utility owner’s request for a variance from these requirements on a case-by-case basis. The utility owner should complete a [https://epg.modot.org/forms/general_files/DE/UtilityVarianceApprovalForm.docx Utility Variance Approval Form] to be submitted to MoDOT for consideration. Variances on the Interstate System require approval of the Federal Highway Administration (FHWA). A flow chart, [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_8_VarianceApprovalProcess.pdf EPG Figure 643.1.8], of the variance process is available.&lt;br /&gt;
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A variance will not be permitted just for the convenience of the utility owner. The utility owner requesting a variance must provide all necessary information to properly evaluate if a variance should be approved. For example, a utility owner requesting a variance because “the utility corridor is full” must explore all reasonable options. It is suggested that the requestor pothole the existing utility corridor to confirm the location of existing utility facilities and provide that data to support the need to locate outside of the utility corridor due to its congestion.&lt;br /&gt;
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===643.1.8.1 Variance Process===&lt;br /&gt;
Any utility owner of a public utility facility may apply for a variance. The process for requesting a variance is as follows:&lt;br /&gt;
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====643.1.8.1.1 Submittal Requirements====&lt;br /&gt;
Utility owners submit to the district utilities staff a written request for a variance using the [https://epg.modot.org/forms/general_files/DE/UtilityVarianceApprovalForm.docx Utility Variance Approval Form]. The utility owner must clearly show the provision(s) or guideline(s) for which the variance is being requested; the condition(s) which the utility owner believes warrant(s) the granting of a variance; a thorough explanation of the reason(s) for the requested variance, including sufficient and appropriate documentation of safety, aesthetic, or constructability constraints that would be adverse to the function, access, or maintenance of the utility facility and not in the best interest of the public.&lt;br /&gt;
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====643.1.8.1.2 MoDOT Consideration of Variance Request====&lt;br /&gt;
The utility owner bears full responsibility for demonstrating to MoDOT’s satisfaction that the variance is the most appropriate way to serve the public interest. MoDOT may present to the utility owner and the utility owner must consider reasonable alternatives to the variance requested by the utility owner. In determining whether to grant a variance, district utilities staff will consider all relevant factors including, but not limited to: the requested variance is reasonably necessary for the convenience, safety, health, and/or welfare of the public; there is an exceptional or undue burden or hardship on the specific applicant; a physical impracticability that would result from the applicant’s adherence to the normal location requirements; and the requested variance will not impair the safe construction, maintenance, operation, and safety of public travel on the highway. District utilities staff may consult with the Design Liaison Engineer in evaluating variances.&lt;br /&gt;
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====643.1.8.1.3 Approval of Variances====&lt;br /&gt;
Once district utilities staff have agreed to accept a variance proposed by the utility owner, the [https://epg.modot.org/forms/general_files/DE/UtilityVarianceApprovalForm.docx Utility Variance Approval Form] and all supporting documentation is sent to the District Design Engineer (DDE) for approval. If a variance is on interstate right of way, the DDE-signed Variance Request Form and all supporting documentation is forwarded to the Design Liaison Engineer who will forward to FHWA for their concurrence.&lt;br /&gt;
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====643.1.8.1.4 Variance Appeal Informal Hearing====&lt;br /&gt;
If denied a variance, the utility owner has thirty (30) calendar days to request an informal hearing for the purpose of appealing the denial. Requests must be made in writing to the State Design Engineer, Missouri Department of Transportation, P.O. Box 270, Jefferson City, MO 65102. If the utility owner requests an informal hearing, MoDOT’s authorized representative will advise the applicant of the time, date, and place of the hearing. The hearing is not a contested case under RSMo 536. The rules of evidence will not apply at the hearing, and MoDOT’s decision after the conduct of the hearing is not subject to further appeal.&lt;br /&gt;
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==643.1.9 Excess Right of Way==&lt;br /&gt;
Prior to conveyance of excess right of way, the status of utility facilities within said parcel must be addressed. See [[236.5_Property_Management#236.5.12_Excess_Land_Conveyances_&amp;amp;_Relinquishments_–_Regulated_Utilities|EPG 236.5.12]].&lt;br /&gt;
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==643.1.10 Broadband==&lt;br /&gt;
Broadband development in the state of Missouri is handled by the Department of Economic Development (DED). MoDOT shares its approved Statewide Transportation Improvement Program (STIP) project list with DED. All MoDOT policies related to placement of utility facilities within Commission right of way as outlined in this EPG 643.1 are to be followed.&lt;br /&gt;
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&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643.2 Utilities in Program Delivery &#039;&#039;PAGE TITLE&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt; &lt;br /&gt;
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==643.2.1 Introduction==&lt;br /&gt;
Improvements to the highway system often require negotiation between the Commission and a city, a county, or a public or private utility owner. The Commission’s district utilities staff is responsible for coordination of highway improvement projects with the utility owner’s representative. The impact to a utility, the responsibility for the cost of adjustments necessary to allow highway construction, the plan of adjustment of the utility, the responsibility of performance of work on utility facilities, and the schedule of the utility adjustment are all items that vary depending on the project and should be investigated and negotiated to ensure highway improvement projects are delivered on-time and on-budget. These should comply with Commission policy. A [https://epg.modot.org/forms/general_files/DE/flowchart.pdf flowchart] outlining all the utility adjustment processes (reimbursable and non-reimbursable relocations, Master Reimbursable Utility Agreements and Project Specific Agreements, etc.) are available in the list of figures at the top of the page. These processes will not always be in combination, but each should be considered with each project.&lt;br /&gt;
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The district utilities staff, in conjunction with the Transportation Project Manager (TPM), is expected to invite and encourage participation of utility owner representatives in MoDOT project meetings as needed.&lt;br /&gt;
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When a project involves utility adjustments for which the Commission is responsible for costs, the TPM should program the costs of the utility adjustments as non-contractual construction costs in the STIP Information Management System (SIMS).&lt;br /&gt;
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==643.2.2 Annual Utility Meeting==&lt;br /&gt;
Each district should hold an annual meeting with utilities to discuss current STIP projects in the district. The annual meeting should be held during each year&#039;s STIP preparations, ideally between January and May. All utility owners that have utility facilities in the district should be invited. The intent is to provide the utility owners with an idea of upcoming projects to allow them the opportunity to plan and budget for potential adjustments of their utility facilities, identify both MoDOT and utility roadblocks, and develop action plans to complete utility adjustments better, faster, and cheaper.&lt;br /&gt;
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==643.2.3 Determination of Existing Utilities==&lt;br /&gt;
District utilities staff should determine the appropriate level of effort needed to accurately identify existing utilities within the footprint of a proposed highway construction project. Aboveground utilities are easily identifiable via field checks; however, determination of the precise location of underground utilities can be more challenging and time consuming. Therefore, the district utilities staff should balance the risk of conflict with the highway construction project against the level of effort needed to determine the location.&lt;br /&gt;
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The level of effort on mapping utilities is dependent on the scope of the project and the potential for utilities having an impact on the construction of the project. The project schedule should include the time to complete this task accurately. The time and effort necessary for having accurate locates requires close interaction with the utility locators. Early contact with utility owner representatives may be necessary to accurately locate underground utility facilities.&lt;br /&gt;
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Various methods of determining existing underground utilities result in different levels of quality. ASCE Standard 38 Standard Guidance for Investigating and Documenting Existing Utilities classifies four levels of quality:&lt;br /&gt;
:1. Quality Level D: QL-D is the most basic level of information for utility locations. It comes solely from existing utility records or verbal recollections, both typically unreliable sources. It may provide an overall &amp;quot;feel&amp;quot; for the congestion of utilities but is often highly limited in terms of comprehensiveness and accuracy. QL-D is useful primarily for project planning and route selection activities.&amp;lt;br&amp;gt;&lt;br /&gt;
: ● Missouri 811 or “private-locate” markings are to be considered to be QL-D.&lt;br /&gt;
:2. Quality Level C: QL-C is probably the most used level of information. It involves surveying visible utility facilities (e.g., manholes, valve boxes, etc.) and correlating this information with existing utility records (QL-D information). When using this information, it is not unusual to find that many underground utilities have been either omitted or erroneously plotted. Therefore, its usefulness is primarily on rural projects where utilities are not prevalent or are not too expensive to repair or relocate.&lt;br /&gt;
:3. Quality Level B: QL-B involves the application of appropriate surface geophysical methods to determine the existence and horizontal position of virtually all utilities within the project limits. This activity is called &amp;quot;designating&amp;quot;. The information obtained in this manner is surveyed to project control. It addresses problems caused by inaccurate utility records, abandoned or unrecorded utility facilities, and lost references. The proper selection and application of surface geophysical techniques for achieving QL-B data is critical. Information provided by QL-B can enable the accomplishment of preliminary engineering goals. Decisions regarding location of storm drainage systems, footers, foundations, and other design features can be made to avoid conflicts with existing utilities. Slight adjustments in design can produce substantial cost savings by eliminating utility relocations.&lt;br /&gt;
:4. Quality Level A: QL-A, also known as &amp;quot;locating or potholing&amp;quot;, is the highest level of accuracy presently available and involves the full use of the subsurface utility engineering services. It provides information for the precise plan and profile mapping of underground utilities through the nondestructive exposure of underground utilities, and provides the type, size, condition, material, and other characteristics of underground features.&lt;br /&gt;
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For projects with scopes that have potential for utility conflicts, the minimum level of effort required is SUE Quality Level D. Locations of existing utilities are determined by requesting locates through Missouri 811, also known as the “One-Call” process. Missouri 811 locating requests should be carefully considered for the scope of work of the project. When necessary, the location of existing utilities should be established by a field survey of locate markings and features and shown on the roadway plans. Higher level SUE Quality Levels can be used on any project. Adjustment cost savings, whether to the MoDOT or to the utility owner, are beneficial to the taxpayer. Good SUE projects are typically urban in nature, or in congested areas, where the project footprint is to be minimized, or anytime accurate vertical and horizontal location of the utility facility might allow a design to avoid the utility facility thus preventing the need for the adjustment. The SUE process combines civil engineering, surveying, and geophysics. It utilizes several technologies, including vacuum excavation and surface geophysics.&lt;br /&gt;
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When proposed excavation or installation of subsurface features (drainage, equipment bases, etc.) falls within three feet (3’) of a marked Missouri 811 line, soft digging (hand digging, potholing, vacuum methods, pressurized air/water jetting, pneumatic hand tools, etc.) is required to more exactly locate the utility facility both horizontally and vertically. Utility facilities present within the right of way by permit, should be investigated by the utility owner. Utility facilities that would be reimbursable or partially reimbursable as defined in EP 643.2.8 will be investigated by MoDOT.&lt;br /&gt;
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==643.2.4 Conflict Determination==&lt;br /&gt;
Determination of whether a conflict exists between an existing utility facility and a proposed highway improvement project should occur at the earliest possible stage of project development. A conflict may be the result of the physical interaction between the roadway infrastructure and utility facility, a reduction in cover or increase in fill over underground utilities, a reduction in horizontal clearance whether above or below ground, a reduction in overhead vertical clearance, paving over utilities, or restricting a utility owner’s access to its utility facilities. District utilities staff should work with utilities to determine if a conflict exists and the appropriate plan of adjustment to remedy the conflict. The adjustment to the utility may be a relocation or another measure that protects the utility or access to the utility from the proposed highway improvement project. Determination of a conflict needs to be continually re-evaluated as the project design progresses. Continuing coordination is essential.&lt;br /&gt;
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==643.2.5 Utility Plan of Adjustment==&lt;br /&gt;
===643.2.5.1 Request for Plan of Adjustment===&lt;br /&gt;
District utilities staff will request a plan of adjustment from utility owners whose utility facilities are in conflict with a proposed highway project. The plan of adjustment may consist of efforts to relocate the utility or otherwise protect a utility from the impacts of the proposed highway project. Utilities are shown on the roadway plan and profiles sheets that are furnished to utility owners for use in planning required utility adjustments. Any other sheets such as drainage, traffic signal, lighting, or ITS plans that show impacts to a utility facility should also be provided to the utility owners. All adjustments, reimbursable or not, require a plan of adjustment furnished by the utility owner.&lt;br /&gt;
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A transmittal letter is included in the request for a plan of adjustment. The letter informs the utility owner that regardless of whether an adjustment is reimbursable, no physical adjusting or relocating of their utility facilities to accommodate the proposed highway improvement is to be performed without specific approval and authorization. Additionally, if any part of the adjustment has the potential to be reimbursable, they are advised:&lt;br /&gt;
# They may undertake preliminary engineering by their own forces upon approval by district utilities staff of the estimated costs of preliminary engineering.&lt;br /&gt;
# They may employ a consultant to do the PE work provided they request and obtain prior approval. See [[#643.2.6_Preliminary_Engineering_Requirements|EPG 643.2.6 Preliminary Engineering Requirements]].&lt;br /&gt;
# Any preliminary engineering costs accrued prior to the date of written authorization to proceed will not qualify for reimbursement.&lt;br /&gt;
# Replacement right of way or easements cannot be purchased without specific approval and authorization.&lt;br /&gt;
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===643.2.5.2 Proposed Plan of Adjustment===&lt;br /&gt;
Developing a plan of adjustment is a multi-step process. The utility owner will propose a conceptual approach to adjusting the utility facilities to allow highway construction. This conceptual approach is used as the basis for determining cost responsibility, estimate of costs for preliminary engineering and construction, developing the agreement if necessary, and final design of the adjustment. Negotiations between district utility staff and the utility owner’s representative can result in changes to the design throughout the process.&lt;br /&gt;
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Final plans of adjustment must contain a legend on the first sheet identifying the utility symbols used. They must also show the existing utility facilities and their disposition, the location of the new or adjusted utility facilities, the existing and new right of way lines, the limited or fully controlled access symbols (where applicable), the existing and proposed roadways, ramps, and outer roadways and any other pertinent roadway information. They must contain sufficient details concerning location, elevation, compaction, clean up, etc. to provide for the proper adjustment of the utility facility. Relocated and/or existing utility facilities that will remain in place must be dimensioned or indicated in a manner to show their location in respect to the right of way lines. It is preferred that the utility owner transmits the plan of adjustment by electronic deliverables in a format that can be incorporated into the roadway plans. This will reduce the time and effort necessary as well as increase the accuracy of transferring this information into the roadway plans.&lt;br /&gt;
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Plans of adjustment received from the utility owner are to be checked for compliance with MoDOT’s requirements ([[#643.1_Utilities_Location|EPG 643.1 Utility Location]]) by the district utilities staff. They are also checked to ensure compatibility with the roadway design. Any continuing conflicts are resolved through negotiations with the utility owner.&lt;br /&gt;
&lt;br /&gt;
Occasionally, it is impractical to perform a utility adjustment in accordance with MoDOT’s requirements. Sometimes the utility may request approval of a plan of adjustment that does not conform to these requirements. Deviation from MoDOT’s utility requirements is a variance. Refer to [[#643.1.8_Variances|643.1.8 Variance Process]] for additional guidance.&lt;br /&gt;
The final plan of adjustment is included as Exhibit “A” to the agreement ([[#643.2.12_Utility_Agreements|EPG 643.2.12 Agreements]]).&lt;br /&gt;
&lt;br /&gt;
==643.2.6 Preliminary Engineering Requirements==&lt;br /&gt;
Preliminary engineering (PE) can be performed one of four ways for utility adjustments:&lt;br /&gt;
# The utility owner can use its own engineering forces.&lt;br /&gt;
# MoDOT can select an engineering consultant, after consultation with the utility owner, and the consultant contract will be administered by MoDOT.&lt;br /&gt;
# The utility owner can select an engineering consultant, with approval by MoDOT, and the consultant contract will be administered by the utility owner.&lt;br /&gt;
# If a utility adjustment is being included in a MoDOT administered construction contract, the preliminary engineering of the adjustment can be provided by MoDOT.&lt;br /&gt;
&lt;br /&gt;
For reimbursable utility adjustments, the amount paid to engineers, architects, and others for required engineering and allied services can be included in reimbursement amount provided such amounts are not based on a percentage of the costs of the necessary adjustments to allow highway construction. Reimbursement is available for contracts executed after solicitation of a consultant for the specific adjustment or existing continuing contracts when it is demonstrated that such work is performed regularly for the utility owner in its own work and that the costs are reasonable.&lt;br /&gt;
&lt;br /&gt;
A [https://epg.modot.org/forms/general_files/DE/UtilityConsultantContractChecklist.docx checklist is available for reviewing consultant-engineering contracts] to ensure the contract conforms to MoDOT policy and complies with applicable federal regulations. District utilities staff should use the checklist to review contracts and may consult with Audits and Investigations Division as necessary. The procedures in 23 CFR part 172, Administration of Engineering and Design Related Service Contracts may be used as a guide for reviewing proposed consultant contracts. [[:LPA:136.4_Consultant_Selection_and_Consultant_Contract_Management|EPG 136.4 Consultant Selection and Consultant Contract Management]] may also be used as a guide.&lt;br /&gt;
&lt;br /&gt;
===643.2.6.1 Solicited Consultant Contracts===&lt;br /&gt;
If solicitation of PE services is required for reimbursable utility adjustments, the utility owner must provide the following documents and information to district utilities staff. These documents need to be provided as soon as the utility owner has chosen to solicit a consultant. Document 1 must be supplied by all utility owners. Documents 2 and 3 are only required when the utility owner is a local government agency who is also a political subdivision of the state of Missouri (e.g., city-owned utilities, county-owned utilities). All other utility owners are encouraged, but not required, to provide Documents 2 and 3:&lt;br /&gt;
# A statement that the utility owner is not staffed or able to perform the required PE services with its own forces.&lt;br /&gt;
# Provide the names of at least three (3) consultants considered.&lt;br /&gt;
# The criteria used to evaluate each consultant and reasons why the selected consultant was selected.&lt;br /&gt;
&lt;br /&gt;
The following documents need to be provided as soon as the utility owner has successfully negotiated and entered into a contract with the consultant:&lt;br /&gt;
# The name and address of the selected consultant.&lt;br /&gt;
# A statement that the &amp;quot;[https://epg.modot.org/forms/general_files/DE/CertificationOfConsultant.docx Certification of Consultant]&amp;quot; will be furnished immediately upon award of the contract to the consultant.&lt;br /&gt;
# One executed copy of the proposed engineering contract or agreement between the utility owner and consultant, only if the engineering will exceed $5,000.00.&lt;br /&gt;
# The consultant&#039;s fixed (lump sum) or estimated fee (actual cost) and the contract maximum.&lt;br /&gt;
# A cost summary providing a detailed breakdown of the basis for the consultant&#039;s compensation, including estimated labor hours, hourly rates for each classification, overhead rate (if used), the amount of profit charged, and any other estimated charges such as travel expenses, equipment rentals, etc. If an overhead rate is used, the consultant must also submit the supporting overhead rate calculations.&lt;br /&gt;
# An independent cost estimate of engineering services provided by the utility owner to use in comparison to the consultant’s proposed engineering services to check for cost reasonableness.&lt;br /&gt;
&lt;br /&gt;
===643.2.6.2 Continuing Consultant Contracts===&lt;br /&gt;
When a utility owner chooses to use an existing continuing contract for PE services, the utility owner must provide the following documents and information to the district utilities staff as soon as possible.&lt;br /&gt;
# A statement that the utility owner is not staffed or able to perform the engineering with its own forces.&lt;br /&gt;
# The name and address of the consultant under the existing continuing contract.&lt;br /&gt;
# A statement that the &amp;quot;[https://epg.modot.org/forms/general_files/DE/CertificationOfConsultant.docx Certification of Consultant]&amp;quot; will be furnished.&lt;br /&gt;
# A copy of the continuing contract to the district utilities staff. The district utilities staff will review the contract for reasonableness of cost.&lt;br /&gt;
# The consultant&#039;s fixed (lump sum) or estimated fee (actual cost) and the contract maximum for the work associated with the utility adjustment.&lt;br /&gt;
# A cost summary providing a detailed breakdown of the basis for the consultant&#039;s compensation, including estimated labor hours, hourly rates for each classification, overhead rate (if used), the amount of profit charged, and any other estimated charges such as travel expenses, telephone, etc. If an overhead rate is used, the consultant must also submit the supporting overhead rate calculations.&lt;br /&gt;
# An independent cost estimate of engineering services provided by the utility owner to use in comparison to the consultant’s proposed engineering services to check for cost reasonableness.&lt;br /&gt;
&lt;br /&gt;
===643.2.6.3 Consultant Contract Changes===&lt;br /&gt;
If a PE services contract between a utility owner and a consultant needs to be revised, a copy of the revised contract, fee, and schedule should be submitted by the utility owner to the district utilities staff prior to allowing for contract changes. District utilities staff should review the contract changes to ensure the revised contract conforms to MoDOT policy and complies with applicable federal regulations.&lt;br /&gt;
&lt;br /&gt;
==643.2.7 Environmental and Right of Way==&lt;br /&gt;
===643.2.7.1 Utilities and Environmental Clearances===&lt;br /&gt;
District utilities staff should coordinate with the TPM and utility owner’s representative to understand and communicate on known environmental and cultural constraints that could impact a utility owner’s plan of adjustment. This will allow the utility owner to consider permitting timelines and alternatives that avoid environmental or cultural resources to keep the project on schedule.&lt;br /&gt;
&lt;br /&gt;
One strategy to make project delivery more efficient and ensure regulatory compliance is for MoDOT to obtain the environmental and cultural resource permits and clearances for the utility owners associated with a roadway improvement while obtaining its own. This would generally only be for the permits and regulatory clearances MoDOT already needs to pursue as a part of the transportation improvement.&lt;br /&gt;
&lt;br /&gt;
District utilities staff should coordinate with the utility owner’s representative early in the project timeline to determine if it is in the best interest of both MoDOT and the utility owner to obtain permits and environmental clearances jointly. The following strategies can be utilized to determine if a joint approach to environmental work should be pursued:&lt;br /&gt;
* If utility facilities are moving to a location within or immediately adjacent to MoDOT right of way, a utility owner may be invited to participate in permitting and environmental compliance activities.&lt;br /&gt;
* If utilities move to a location not within or adjacent to MoDOT right of way, the utility company would not normally be invited to participate in permit applications and environmental compliance activities. However, some unique projects may necessitate further attention and should be discussed with the Design Liaison Engineer.&lt;br /&gt;
&lt;br /&gt;
If MoDOT and the utility owner agree to obtain joint permits and clearances, written communication between the utility owner’s representative and the district utilities staff should document the following items:&lt;br /&gt;
* List of the permits and clearances that MoDOT will acquire on behalf of the utility owner.&lt;br /&gt;
* List of the information needed from the utility owner in order for MoDOT to acquire the permits and clearances.&lt;br /&gt;
* Schedule and deadlines for submittal of the information by the utility owner. For example: utility plans, fill quantities, construction methods, dates, or seasons of construction.&lt;br /&gt;
&lt;br /&gt;
Permits and clearances that may be needed by both a utility owner and MoDOT include:&lt;br /&gt;
* [[127.7_Threatened_and_Endangered_Species|Endangered Species Act consultation and clearance]]&lt;br /&gt;
* [[127.2_Historic_Preservation_and_Cultural_Resources#127.2.1.1_Historic_Preservation_Regulations_and_Laws|Section 106 of the National Historic Preservation Act clearance]]&lt;br /&gt;
* [[127.10_Section_4(f)_Public_Lands|Section 4(f) clearance]]&lt;br /&gt;
* [[127.10_Section_4(f)_Public_Lands#127.10.1.4_Section_6(f)_Laws_and_Regulations|Section 6(f) of the Land and Water Conservation Fund Act clearance]]&lt;br /&gt;
* [[127.4_Wetlands_and_Streams|Section 401 and Section 404 of the Clean Water Act permits]]&lt;br /&gt;
* [[:Category:806_Pollution,_Erosion_and_Sediment_Control#806.1_Introduction_(see_Sec._806)|Section 402 of the Clean Water Act permit (State Operating Permit for Erosion Control)]]&lt;br /&gt;
* [[127.8_Hazardous_and_Solid_Waste|Recommendations on contaminated soil disposition]]&lt;br /&gt;
&lt;br /&gt;
===643.2.7.2 Right of Way Acquisition and Utilities===&lt;br /&gt;
The Commission is obligated to acquire the width of right of way required by the design of the highway improvement. For utility facilities currently located within the Commission’s right of way, this includes the necessary space for the utility facilities impacted by the design of the highway improvement. Either additional right of way width to accommodate a utility corridor or a utility easement can be obtained for the relocation of utility facilities. When drainage easements are acquired along a channel, additional space for utility facilities should be considered to avoid conflicts between the utility facility and the bridge or culvert.&lt;br /&gt;
&lt;br /&gt;
District utilities staff should inform the utility owner’s representative of the potential of a conflict between an existing utility facility and a proposed highway construction project early in the project development process to allow sufficient time for the utility owner to prepare a plan of adjustment and notify the district utilities staff of any easement needs. When utility facilities are located on a utility owner’s private easement, the utility owner may obtain its own new easements. If the utility owner is not in a position to negotiate for new easements or if the utility owner’s policies will not permit it to condemn property to obtain the easement, MoDOT can acquire the easement in the same manner roadway right of way is obtained. The district utilities staff should verify the utility owner is aware of the opportunity to have MoDOT acquire the easement, and the utility owner should provide written documentation on whether the utility owner would like to pursue this option with MoDOT.&lt;br /&gt;
&lt;br /&gt;
For situations where the utility owner will obtain its own replacement right of way and the cost of the adjustment is MoDOT’s responsibility, the utility right of way cost should be reviewed by the district right of way department to ensure the cost is reasonable and acquisition followed state and federal regulations. In order to expedite utility adjustments necessary to allow highway construction, the district utility staff may authorize the utility owner to obtain easements prior to all details of a plan of adjustment being developed. In this situation, the district utilities staff should ensure enough details are known to justify the needed right of way, and an agreement for right of way costs only should be executed with the utility owner.&lt;br /&gt;
&lt;br /&gt;
For situations where MoDOT will obtain the right of way necessary to allow highway construction, district utility staff should negotiate with the utility owner’s representative to ensure all necessary utility easements are shown on the approved right of way plans. The TPM should confirm with district utilities staff that the right of way plans accurately reflect the needs of the utility owners prior to requesting right of way plan approval. The district Right of Way Manager should confirm with district utilities staff before requesting an acquisition date (A-date). Every effort should be made to avoid adding utility easement requests once negotiations with property owners have begun.&lt;br /&gt;
&lt;br /&gt;
Occasionally, when negotiations cannot be completed for easements for the adjustment of utility facilities, it may be necessary to condemn for the property. District utilities staff should coordinate with the utility owner’s representative to ensure no alternate design for the adjustment of the utility facility is practical. The decision to condemn for easements for the adjustment of the utility facilities requires the exercise of good judgment in reaching the conclusion that further good faith negotiations are futile and condemnation is necessary to maintain the project in the scheduled letting. The TPM should coordinate with the district utilities staff and district Right of Way (RW) personnel on the condemnation proceedings.&lt;br /&gt;
&lt;br /&gt;
Easement and other right of way documents used with utility owners are handled in accordance with procedures established jointly with RW and district utilities staff. District survey staff prepare the land descriptions for use in utility easements. The district utilities staff is responsible for completion of the easements in the correct form and scope. A sketch delineating the area described is attached to the easement as Exhibit “A”. Communication with the Design Division will ensure use of proper forms, corporate names and locations, and particular wording required for joint ownerships. The description for a utility easement is to be referenced to the nearest land corner shown on the plans. Examples of easements can be found in the template list in [https://netprod3.dot.missouri/eAgreements/Search/QuickSearch eAgreements].&lt;br /&gt;
&lt;br /&gt;
In situations where MoDOT is acquiring right of way with existing utility easements, but the district utilities staff and the utility owner’s representative agree that the utility facility may remain in place, the utility owner will release the property to the Commission separate from the right of way acquisition. This is done by executing an Easement for Highway Construction (UT16). The utility owner grants and conveys, with warranty of title expressed or implied, to the Commission, the right to construct, reconstruct, and maintain a highway over and across that portion of the easement owned and held by the utility owner. In the future, the utility owner retains any reimbursable rights should future projects require adjustments to allow highway construction.&lt;br /&gt;
&lt;br /&gt;
==643.2.8 Cost Responsibility==&lt;br /&gt;
In addition to determining if a conflict exists between an existing utility facility and a highway improvement project, it is important to determine who is responsible for the costs of the necessary adjustments to allow highway construction. An adjustment for which the Commission is responsible for the costs is known as a reimbursable adjustment. An adjustment for which the Commission is not responsible for the costs is known as a non-reimbursable adjustment. An adjustment for which the Commission and the utility share responsibility for costs is known as a partially reimbursable adjustment. Adjustments determined to be reimbursable or partially reimbursable by the Commission are to be completed under the terms of an agreement executed between the utility owner and the Commission.&lt;br /&gt;
&lt;br /&gt;
===643.2.8.1 Commission Responsibility===&lt;br /&gt;
====643.2.8.1.1 Utility Facilities Located on Private Easements====&lt;br /&gt;
When the utility facility is located on a private easement within the new right of way to be acquired for a future project, the Commission is responsible for the cost of the necessary adjustments to allow highway construction. It may be possible that such easement does not have written easement rights. The Commission will honor this oral right provided acceptable documentation is provided by the utility owner to the district utilities staff. An [https://epg.modot.org/forms/general_files/DE/NonwrittenEasementRights_Example.docx example of acceptable documentation for not written easement rights] is available. Other forms of documentation will be considered on an individual basis.&lt;br /&gt;
&lt;br /&gt;
=====643.2.8.1.1.1 Future Moves=====&lt;br /&gt;
When the utility facility is located on a private easement, taken into the Commission’s right of way, the Commission may agree that any future moves of the same utility by Commission order may be made at the Commission’s cost. Documentation of this agreement is by an Easement for Highway Construction (UT16) agreement. If the Commission provides a substitute private easement, then the Commission will have future obligations consistent with the utility facility’s status in an easement.&lt;br /&gt;
&lt;br /&gt;
====643.2.8.1.2 Utility Facilities Located within Commission Right of Way====&lt;br /&gt;
When the utility facility is located within Commission right of way, but has prior land rights, the Commission is responsible for the cost of adjustments to allow highway construction. The utility owner is responsible for documenting to the satisfaction of the district utilities staff, the basis for the claim of prior land rights within Commission right of way. Time spent researching prior rights is considered coordination and is reimbursable.&lt;br /&gt;
&lt;br /&gt;
====643.2.8.1.3 City or County Utility Facilities on City or County Streets====&lt;br /&gt;
When roadway improvements are within the corporate limits of cities, towns, and villages, a municipal agreement is negotiated between the Commission and the municipality. Likewise, when roadway improvements are within the limits of a county and outside the municipal limits, a county agreement is negotiated between the Commission and the County Commission. Included in these agreements are provisions regarding reimbursement for adjusting city or county owned utility facilities. Reimbursement is provided for adjustment of city or county owned utility facilities that are now located on city or county streets and not on Commission right of way.&lt;br /&gt;
&lt;br /&gt;
====643.2.8.1.4 Lumen====&lt;br /&gt;
Lumen – National (formerly CenturyLink, Lightcore, or Digital Telephone, Inc. (DTI)) and the Commission have entered into a partnership agreement, “Amended and Restated Fiber Optic Cable on Freeways in Missouri,” executed June 5, 2003 which obligates the Commission to be responsible for the cost of the necessary adjustments to allow highway construction along the routes identified in the agreement. A copy of the agreement is available to district utilities staff.&lt;br /&gt;
&lt;br /&gt;
====643.2.8.1.5 Services to the Commission====&lt;br /&gt;
When a utility facility provides a service connection to local Commission facilities such as power to traffic signals, lighting, ITS, and cathodic protection and phone drops to traffic signal controllers or other Commission facilities, the Commission is responsible for the cost of the necessary adjustments to allow highway construction.&lt;br /&gt;
&lt;br /&gt;
====643.2.8.1.6 Private Service Lines====&lt;br /&gt;
While most utility owners reconnect the private service lines at no cost to the property owner, some do not. If a utility owner does not reconnect service lines, MoDOT can include adjustment of private service lines in roadway contracts. Bid items for relocating service connections are provided for the different types of anticipated adjustments.&lt;br /&gt;
&lt;br /&gt;
====643.2.8.1.7 Second Moves====&lt;br /&gt;
If the Commission requires additional work to a utility facility after the facility has been relocated or adjusted in accordance with a plan of adjustment approved by the Commission for a single project number, the Commission is responsible for the cost of the additional work regardless of whether the initial adjustment was Commission responsibility as outlined in other parts of [[#643.2.8.1_Commission_Responsibility|643.2.8.1]].&lt;br /&gt;
&lt;br /&gt;
The purpose of the policy is to encourage utilities to relocate early rather than waiting until plans are published for bidding. The policy eliminates the utility having to relocate twice at its own expense because of late changes in the design. It is best to have utilities relocated prior to construction, and this policy helps achieve that goal. Therefore, it is imperative that the designer notifies district utilities staff as soon as possible of any changes made after these plans have been sent. If notified immediately, it may be possible to inform the utility owner prior to their final design thereby eliminating a second move.&lt;br /&gt;
&lt;br /&gt;
Under this policy, the following are not considered second moves. Temporary and staged relocations necessary to accommodate construction and agreed upon by the utility and the Commission prior to relocation are considered a single move and are not subject to the provisions of the second move policy. If the Commission requires adjustment of a utility facility for which the utility owner is responsible for the cost of the adjustment and was originally determined to not need adjustment, the utility owner is responsible for the cost of the adjustment. The utility owner is responsible for the cost of additional work to any portion of the utility facility after the utility facility has been adjusted in accordance with a plan of adjustment approved by the Commission if the additional work is required by the Commission due to error by the utility owner in preparation of plan of adjustment, field location of, or construction of the adjustment of the utility facility.&lt;br /&gt;
&lt;br /&gt;
When evaluating construction contract changes by change order or value engineering, the impacts of the second move policy should be considered.&lt;br /&gt;
&lt;br /&gt;
===643.2.8.2 Utility Owner Responsibility===&lt;br /&gt;
====643.2.8.2.1 Utility Facilities Owned and Operated by a Political Subdivision====&lt;br /&gt;
When a utility facility is located within Commission right of way, but does not have prior land rights, the utility owner is responsible for the cost of the necessary adjustments to allow highway construction. When a utility facility is located on public right of way other than Commission right of way, the utility owner is responsible for the cost of the necessary adjustments to allow highway construction.&lt;br /&gt;
&lt;br /&gt;
When a political subdivision must bear part or all the cost of adjustments to their utility facilities, and the cost creates a financial hardship, the Commission, by its authorized representative, the Chief Engineer, may temporarily assume these costs. A payback agreement with the political subdivision will include an applicable interest rate for a comparable maturity from a widely published index of tax-exempt municipal rates obtained from Financial Services. Payback time will not exceed five (5) years.&lt;br /&gt;
&lt;br /&gt;
====643.2.8.2.2 Utility Facilities Other Than Those Owned by a Political Subdivision====&lt;br /&gt;
When a utility facility is on the right of way of a public road or street or on state highway right of way without prior land rights and adjustment is necessary to allow for the construction of a roadway improvement, the utility owner is responsible for the cost of the necessary adjustments to allow highway construction.&lt;br /&gt;
&lt;br /&gt;
===643.2.8.3 Shared Responsibility===&lt;br /&gt;
When a utility facility is located such that portions of it are a Commission responsibility and portions of it are a utility owner responsibility by the definitions above, the costs of the necessary adjustments to allow highway construction will be split by the Commission and the utility owner. If the exact cost for each party can be determined, each party will be responsible for their portion of the cost of relocating the utility facility. If the exact cost for each party cannot be determined, the parties will arrive at a percentage reimbursement on an equitable basis.&lt;br /&gt;
&lt;br /&gt;
===643.2.8.4 Notice of Hearing===&lt;br /&gt;
When relocation or other difficulties with utility facilities on public right of way arise that prevent resolution by negotiation, formal hearings will be required.&lt;br /&gt;
&lt;br /&gt;
The district initiates a request for a utility relocation hearing with a letter to the Chief Counsel’s Office (CCO) (a copy is provided to the Design Division) requesting a hearing date. CCO will arrange for a hearing room, court reporter, etc. and advise the district of the hearing date.&lt;br /&gt;
&lt;br /&gt;
The district will prepare the notice of hearing by strictly following the given format and serve the notice on all persons and utility owners listed. The property and utility owner must be served only by personal service or by mailing a certified letter, return receipt requested, no later than 15 days before the date of hearing. This will require the district to make every effort to identify the correct property owner before preparing the notice of hearing. To avoid delays, every attempt will be made to issue the hearing notice at least 30 days prior to the hearing date in case any property has changed ownership and any additional property owners must be served. A notice of hearing on service line connections will also be served on the private or public owner of the main or distribution line to which the service lines are connected. A notarized &amp;quot;[https://epg.modot.org/forms/general_files/DE/ReportOnPersonalService.docx Report of Personal Service]&amp;quot; will be completed when notification by certified mail is not used.&lt;br /&gt;
&lt;br /&gt;
One copy of the hearing notice and attachments, &amp;quot;[https://epg.modot.org/forms/general_files/DE/ReportOnPersonalService.docx Report of Personal Service]&amp;quot; and certified mail notices are to be submitted to CCO after notification is complete.&lt;br /&gt;
&lt;br /&gt;
Prior to the hearing, the district&#039;s representative will become familiar with the details of the utility adjustment in order to provide concise testimony to expedite the hearing process. CCO will assign an attorney to work with the district and present the case.&lt;br /&gt;
&lt;br /&gt;
Refer to 7 CSR 10-3.030 020 Utility Relocation Hearings for additional information.&lt;br /&gt;
&lt;br /&gt;
A Waiver of Hearing should be obtained for non-reimbursable adjustments to document the commitment of the utility owner to adjust its utility facilities without adversely impacting the highway construction project. This may be accomplished informally via written communications between the district utilities staff and the utility owner’s representative. A [https://epg.modot.org/forms/general_files/DE/WaiverOfHearingForm.docx formal Waiver of Hearing statement] may be requested by either MoDOT or the utility owner. A [https://epg.modot.org/forms/general_files/DE/WaiverOfHearingLetter.docx sample transmittal letter for the Waiver of Hearing] is available. For reimbursable or partially reimbursable adjustments, the formal agreement serves as the basis of documentation of this commitment.&lt;br /&gt;
&lt;br /&gt;
==643.2.9 Estimates==&lt;br /&gt;
District utilities staff will negotiate with utility owners to determine reimbursable costs of the necessary adjustments to allow highway construction ([[#643.2.8_Cost_Responsibility|EPG 643.2.8 Cost Responsibility]]). These estimates are prepared in accordance with the provisions of 23 CFR 645 and any amendment thereto. These estimates must reflect the same procedures and costs used by the utility owners in their normal operations and must also accurately represent the expected costs of the work. The utility owner’s estimate will be reviewed by the district utilities staff to ensure compliance with 23 CFR 645.&lt;br /&gt;
&lt;br /&gt;
===643.2.9.1 Independent Cost Estimate===&lt;br /&gt;
The independent cost estimate provides the basis for district utilities staff to review the utility owner’s estimate of costs of the necessary utility adjustments to allow highway construction and any subsequent negotiations with the utility owner. The district utilities staff should prepare an independent cost estimate. The independent cost estimate may be based on unit prices of anticipated items of work in a utility adjustment necessary to allow highway construction. The independent cost estimate alternately may be based on recent similar types of utility adjustments necessary to allow highway construction and scaled for size. Consultants can be used to develop the independent cost estimate. All documentation of the independent cost estimate should be placed in MoProjects.&lt;br /&gt;
&lt;br /&gt;
===643.2.9.2 Type of Project Cost Estimates===&lt;br /&gt;
Either Actual Cost or Lump Sum estimates may be used for estimating the costs on the necessary utility adjustments to allow highway construction. If an Actual Cost estimate is used, detailed records of materials, labor, and equipment are made by district utilities and/or construction staff during construction, and a final audit of the utility owner’s cost records is made to determine the Commission’s actual responsibility for costs of the adjustment completed to allow highway construction. If a Lump Sum estimate is used, a final audit of costs for an adjustment in payment is not required. The Actual Cost method requires more detailed record keeping and documentation by the utility owner and district staff during construction. The Lump Sum method requires more upfront detail and work by the utility owner and judgment on the district utilities staff on the acceptability of the cost. The district utilities staff will work with the utility owner’s representative to determine the best type of estimate and therefore agreement to use.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.2.1 Actual Cost Estimate====&lt;br /&gt;
The cost estimate that supports the actual cost agreement is prepared in sufficient detail to determine the reasonable expected cost of the work to support development of an agreement between the utility owner and the Commission. However, reimbursement is based on the actual costs of design and construction of the necessary adjustment to allow highway construction. The [https://epg.modot.org/forms/general_files/DE/ActualCostCostEstimate_Example.docx actual cost estimate] should detail all costs of the necessary adjustment to allow highway construction, even if the Commission is only responsible for a portion of the costs as detailed in EPG [[#643.2.8.3_Shared_Responsibility|643.2.8.3 Shared Responsibility]].&lt;br /&gt;
&lt;br /&gt;
[https://epg.modot.org/forms/general_files/DE/ActualCostCostEstimate_Example.docx Actual cost estimates] can be used for any dollar amount of reimbursement.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.2.2 Lump Sum Estimates====&lt;br /&gt;
The cost estimate that supports the lump sum agreement must be accurate, comprehensive, verifiable, and in sufficient detail to present a clear picture of the work involved and the cost of the individual items. The estimate may cover only that portion of the adjustment for which the Commission is responsible for the costs of the necessary utility adjustments to allow highway construction.&lt;br /&gt;
[https://epg.modot.org/forms/general_files/DE/LumpSumCostEstimate_Example.docx Lump sum estimates] are limited to a maximum of $200,000 of Commission responsibility of costs of the necessary utility adjustments to allow highway construction; however, exceptions may be made for special situations that have prior approval from Design Division. These exceptions usually cover major relocations for which the Commission&#039;s proportionate responsibility is extremely small.&lt;br /&gt;
&lt;br /&gt;
===643.2.9.3 Utility Cost Estimate Requirements===&lt;br /&gt;
Whether using an Actual Cost or Lump Sum estimate, the following should be included in the estimate, if applicable. If any of the following sections are not included in the estimate, a qualifying statement as to why the costs were not included should be provided.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.1 Scope of Work====&lt;br /&gt;
All estimates require a concise summary of the work to be performed on the estimate. An example is &amp;quot;an estimate of cost covering the work of relocating Company&#039;s 12-inch Cushing-Woodriver pipeline to accommodate construction of Route 47 in Franklin County on Job No. J6P0172&amp;quot;.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.2 Engineering Costs====&lt;br /&gt;
Costs of engineering, whether preliminary or construction, must be shown as separate items and are not to be included with &amp;quot;labor costs&amp;quot;. Concurrent cost accounting procedures of FHWA and MoDOT make this a necessity. See [[#643.2.6_Preliminary_Engineering_Requirements|EPG 643.2.6 Preliminary Engineering]] and [[#643.2.16.2_Construction_Contract_Requirements|EPG 643.2.16.2 Construction Contract Requirements]] for further information.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.3 Right of Way Costs====&lt;br /&gt;
A detailed estimate of the cost to acquire replacement easements by the utility owner is required. The cost should be supported by a right of way plan.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.4 Material Costs====&lt;br /&gt;
Quantities, description of the item, the unit cost, and the extended totals are shown. Percentage computations will be shown immediately following &amp;quot;total cost&amp;quot; so the utility owner’s and Commission&#039;s cost obligations are properly indicated. Unit assembly costs similar to those used by several of the rural electric association (R.E.A.) cooperatives are acceptable, provided the same units and charges are used in the utility owner’s regular operations. A handling charge conforming with the utility owner’s regular procedures may also be included.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.5 Labor Costs====&lt;br /&gt;
Hours, individual or crew rates, and extended totals are shown. Payroll additives such as insurance, retirement, social security, vacation, and other benefits are shown as a separate item under this heading in accordance with utility owner’s regular procedures. Adequate explanation must be given for total percentage used, especially in those cases where materials and labor are combined as unit costs or where labor percentages include additives and equipment requirements.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.6 Equipment Costs====&lt;br /&gt;
A description of the equipment to be used must be shown jointly with the number of hours to be charged. Rates charged for equipment usage must be justified by the utility owner’s established accounting procedures. When the utility owner does not have an established accounting procedure or a capitalization and depreciation schedule that is used in its own operations, the rates are to be established by using rental rate publications as a guide. A reasonable amount will be deducted, when using rental rate schedules, for profit that the rental company realizes. A full explanation of the methods used in establishing the rates must also be submitted to support the utility owner’s request and with approval of the district utilities staff.&lt;br /&gt;
&lt;br /&gt;
Equipment may be rented when the utility owner’s equipment is not available or is inadequate, with the rental rate justified by appropriate solicitation of bids. See [[#643.2.16.2_Construction_Contract_Requirements|EPG 643.16.2 Construction Contract Requirements]] for further information.&lt;br /&gt;
&lt;br /&gt;
Unusual accounting procedures may be accepted with adequate prior explanations and approval of the Design Division.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.7 Removal Costs====&lt;br /&gt;
These costs are estimated and shown in a similar method but separately from installation costs. When removal costs exceed salvage credits by more than the estimated cost of removal by the roadway contractor, an effort should be made to persuade the utility owner to abandon the utility facilities in place. An exception is made when the utility owner is required to remove abandoned utility facilities because of liability, hazard, or by specific agreement with the Commission. Abandoned utility facilities can be included with the miscellaneous removals in the roadway contract. It may be possible for the utility owner to remove those portions of the utility facility for which credits will exceed removal costs, with the remainder of the utility facility to be abandoned for removal in the roadway contract. Materials removed must be itemized, with the utility owner’s customary salvage credit given. Items to be scrapped or junked should be indicated. Whenever a utility facility or portion thereof is shown to be abandoned on the plan of adjustment, the roadway plans should be notated accordingly. This eliminates ownership problems if these utility facilities are removed or salvaged by the roadway contractor.&lt;br /&gt;
&lt;br /&gt;
When the utility facility is no longer needed and removal is necessary to accommodate the roadway project, the removal of the item may be handled either as a right-of way-item or a utility adjustment. When handled as a right of way item, the damages allowed are to equal the depreciated value of the utility facility, with the necessary removals being accomplished by the roadway contractor. If accomplished as a utility adjustment, the Commission, by utility agreement, will reimburse the utility owner for removal costs and receive salvage credit for the material removed, up to but not exceeding removal costs.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.8 Salvage of Removed Materials====&lt;br /&gt;
This statement, to explain the salvage credit or lack of credit, will reflect routine utility owner policy as well as the particular situation. The utility owner will place a value on any recovered material for salvage. District utilities staff should check this value for reasonableness. Examples of salvage statements include:&lt;br /&gt;
* Existing utility facilities to be abandoned in place, since the cost of salvaging, based on our past experience, will exceed their value.&lt;br /&gt;
* Only those items will be salvaged for which salvage credit will exceed the cost of removal and salvage.&lt;br /&gt;
* Company liability requires removal of the retired utility facilities, even though the cost of removal will exceed allowable credit for salvage.&lt;br /&gt;
* Salvage credits are in accordance with established company accounting procedures.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.9 Accrued Depreciation Credits====&lt;br /&gt;
Credit is required for the accrued depreciation of a utility facility that is being replaced. Examples are a building, structure, pumping station, filtration plant, power plant, substation, or other similar operational unit. Credit for accrued depreciation will not be required for a segment of the utility&#039;s service, distribution, or transmission lines. It is also not required when the building or structure is being moved as necessitated by the highway project. Acceptable accrued depreciation credit will be determined by using the following formula:&lt;br /&gt;
:&amp;lt;math&amp;gt;\frac{Actual \; Length \; of \; Service \; of \; Replaced \; Facility \; (Years)}{Total \; Estimated \;  Service \; Life \; of \; Replaced \; Facility \; (Years)} \times Original \; Cost \; (\$) = Credit&amp;lt;/math&amp;gt;&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.10 Betterment Credits====&lt;br /&gt;
Betterment means the upgrading of the utility facility being relocated, made solely for the benefit of and at the election of the utility owner and is not attributable to the roadway improvement. Credit to the Commission is required for the additional costs incurred for the betterments introduced in the adjusted utility facility. No betterment credit is required for additions or improvements which are:&lt;br /&gt;
* Required by the highway project&lt;br /&gt;
* Replacement devices or materials that are of equivalent standards although not identical&lt;br /&gt;
* Replacement of devices or materials no longer regularly manufactured with next highest grade or size&lt;br /&gt;
* Required by law under governmental and appropriate regulatory commission code&lt;br /&gt;
* Required by current design practices regularly followed by the utility owner in its own work, and there is a direct benefit to the highway project&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.11 Overhead Costs====&lt;br /&gt;
Overhead costs are usually a percentage of the total labor cost. This item must be in accordance with the utility owner’s established accounting procedures, which in some cases may include handling costs or be a percentage of the total cost of the work involved. Additional attention to overhead costs is required when the rate is different from previously accepted rates. Occasionally, it can be difficult to obtain the necessary information at the time of the estimate to approve the overhead rates. In this situation, the estimate can be approved with exception of the overhead rates for payment. The utility owner is informed of this matter with the understanding that the overhead rates could be approved and paid with submission of appropriate supporting data and Financial Services audit review.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.12 Prorating Costs====&lt;br /&gt;
The need for prorating utility adjustment costs occurs when both the Commission and the utility owner are responsible for a portion of the utility adjustment necessary to allow for highway construction, and the actual costs for reimbursement in each category cannot be explicitly determined. Generally, the following conditions require division of costs:&lt;br /&gt;
* The adjustment is considered partially reimbursable per [[#643.2.8.3_Shared_Responsibility|EPG 643.2.8.3 Shared Responsibility]]&lt;br /&gt;
* Betterments are included in the necessary adjustment of the utility facility&lt;br /&gt;
&lt;br /&gt;
The district utilities staff should negotiate with the utility owner’s representative to determine an equitable basis for the prorating of costs based on the characteristics of the utility adjustment necessary to allow for highway construction.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.13 Costs Records====&lt;br /&gt;
The estimate should include a statement as to where the utility owner’s cost records may be reviewed. An example: &amp;quot;Company cost records will be available in our office at 2134 Industrial Avenue, Tulsa, Oklahoma&amp;quot;.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.14 Other====&lt;br /&gt;
Additional statements will explain or further clarify the work that is included. Such other items may include bypasses, special equipment, need for larger utility facilities, etc.&lt;br /&gt;
&lt;br /&gt;
==643.2.10 Schedule==&lt;br /&gt;
Timely adjustments of utility facilities are essential for efficient completion of highway construction projects. Ideally, all utility adjustments are completed prior to a project’s Plans, Specifications, and Estimate (PS&amp;amp;E) submittal to Central Office. Depending on the specifics of the highway construction and utility adjustment necessary, early completion of the utility adjustment may not be practical. The district utilities staff should negotiate with the utility owner to determine the schedule parameters necessary for the utility adjustment. At a minimum, the utility owner should document the dates it anticipates starting and completing the work. If a utility adjustment depends upon the completion of a portion of the highway construction, the necessary milestone for starting the utility adjustment should be documented along with an anticipated number of working days to complete the utility adjustment. The schedule is included as Exhibit “C” to the agreement.&lt;br /&gt;
&lt;br /&gt;
==643.2.11 Pre-Audits==&lt;br /&gt;
The district utility staff performs a pre-audit review and approval prior to preparation of the agreement. A [https://epg.modot.org/forms/general_files/DE/PreAuditChecklist.docx pre-audit checklist] should be completed and saved in MoProjects.&lt;br /&gt;
&lt;br /&gt;
==643.2.12 Utility Agreements==&lt;br /&gt;
Whenever the Commission is responsible for the cost of the necessary adjustments to allow highway construction, an agreement is required. If a Master Reimbursable Utility Agreement (see [[#643.2.12.2_Master_Reimbursable_Utility_Agreements|EPG 643.2.12.2]]) has not been executed with the utility owner, a Project Specific Agreement (see [[#643.2.12.3_Project_Specific_Agreements|EPG 643.2.12.3]]) is executed between the utility owner and the Commission. In some cases, it may be more practical for the Commission to include adjustment of utilities into a Commission administered contract. A Utility Agreement - Actual Cost (For Utility Work That is to be Included in the Missouri Highways and Transportation Commission&#039;s Road Project) (see [[#643.2.12.4_Agreement_for_Utility_Work_Included_in_Roadway_Improvement_Project|EPG 643.2.12.4]]). Agreements include a plan of adjustment (Exhibit “A”), cost estimate (Exhibit “B”), and schedule (Exhibit “C”).&lt;br /&gt;
&lt;br /&gt;
The Utility Agreement boilerplate forms have been approved by the Chief Counsel’s Office (CCO). They are identified in the upper left-hand corner of each agreement by an identifier such as CCO Form: UT01 for the Master Reimbursable Utility Agreement. CCO updates these agreements as necessary. They serve as a guide in the preparation of the agreement to be executed with the utility owner for the adjustments required to their utility facilities to accommodate the proposed roadway improvement project. District utilities staff should use the latest version of the agreement found in [https://netprod3.dot.missouri/eAgreements/Search/QuickSearch eAgreements] in drafting an agreement with utility owners. A list of utility agreements and detailed information concerning the sequence for preparing and executing an agreement is available in  [[:Category:153_Agreements_and_Contracts|EPG 153 Agreements and Contracts]].&lt;br /&gt;
&lt;br /&gt;
These forms are to be used word for word. Revisions or additions are only made to address specific project details. The intent of each paragraph must be retained, although specific words may be revised to fit the particular situation. No paragraphs are deleted without prior approval from CCO. For guidance on acceptance of liability, refer to the [[:Category:153_Agreements_and_Contracts#153.1.1.2_Acceptance_of_Liability_Policy_(MoDOT_Access_Only)|Acceptance of Liability Policy]] at the CCO SharePoint page. Drafts of agreements having major revisions or complications are to be submitted, with supporting data, to Design Division for comment and approval.&lt;br /&gt;
&lt;br /&gt;
A reference to 23 CFR 645 is included in all agreements. Utility owners must be acquainted with these requirements and procedures. The incorporation of 23 CFR 645 by reference in all agreements eliminates the need for a second set of regulations to be included in the document.&lt;br /&gt;
&lt;br /&gt;
The agreement for the adjustment of a utility is prepared by the district utilities staff and submitted to the utility owner for execution. The agreement is based on the plan, estimate of cost which was prepared in accordance with 23 CFR 645, and schedule. Authorized individuals representing the utility owner will execute the agreement. The agreement must be signed, sealed, and if necessary, notarized by the utility owner. If the utility owner does not have or use a corporate seal, write &amp;quot;NO SEAL&amp;quot; under the signatures of the owner’s officers. Agreements with political subdivisions are to be supported by an appropriate ordinance, a copy of which is to be submitted with the executed agreements. All copies will be forwarded to the CCO for further handling. A fully executed copy of the agreement will be retained in eAgreements. If the agreement was executed using electronic signatures, the district utilities staff should forward an electronic copy of the fully executed agreement to the utility owner. If the agreement was executed using wet signatures, one (1) paper copy of the fully executed agreement will be returned by the Commission Secretary’s Office to the district utilities staff. The district utilities staff will forward this copy to the utility owner.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.1 Buy America Build America Requirements===&lt;br /&gt;
All agreements contain information on Buy America Build America (BABA) compliance. The utility owner should select the method of certification (See [[#643.2.19_Buy_America_Build_America_for_Utilities|EPG 643.2.19]]) at the time of agreement completion. The appropriate paragraph will be inserted into the agreement. All BABA compliance documents must be retained by the utility owner and made available upon request at no cost to the Commission and/or FHWA.&lt;br /&gt;
&lt;br /&gt;
====643.2.12.1.1 Utility Owner Self-Certification====&lt;br /&gt;
The City/Company certifies that when determining products/materials subject to Buy America Build America requirements to use in the performance of this Agreement, it shall use only such products/materials for which it has received a certification from its supplier, or provider of construction services that procures the product/material, certifying compliance with Buy America Build America requirements. This does not include products/materials for which waivers have been granted pursuant to 23 CFR 635.410. The City/Company will not be required to provide the Commission copies of the supplier certification as part of this Agreement or with the final invoice of said Commission’s Federal-Aid Highway Construction Project.&lt;br /&gt;
&lt;br /&gt;
====643.2.12.1.2 Vendor/Manufacturer Certification====&lt;br /&gt;
The City/Company certifies that when determining products/materials subject to Buy America Build America requirements to use in the performance of this Agreement, it shall use only such products/materials for which it has received a certification from its supplier, or provider of construction services that procures the product/material, certifying compliance with Buy America Build America requirements. This does not include products/materials for which waivers have been granted pursuant to 23 CFR 635.410. The City/Company shall provide to the Commission all Buy America compliance documents as outlined in the Commission’s Engineering Policy Guide 643. All required compliance documents shall accompany the final invoice submitted to the Commission.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.2 Master Reimbursable Utility Agreements===&lt;br /&gt;
The UT01: Master Reimbursable Utility Agreement (MRUA) is a statewide agreement that has been executed by the utility owner and the Commission for all future reimbursable utility adjustments between both parties. Once a MRUA is executed, no other utility agreements are required on design-bid-build projects. The district utilities staff should encourage utility owners to enter into a MRUA with the Commission to reduce potential future delays in executing a project specific agreement. A list of previously executed [https://modotgov.sharepoint.com/sites/DE/Utilities/Agreements/MRUA%20-%20Existing?csf=1&amp;amp;web=1&amp;amp;e=4LJHoa Master Reimbursable Utility Agreements (Modot Access Only)] is available. District utilities staff should add newly executed agreements to this list. The MRUA can be employed as either an actual cost ([[#643.2.12.3.1_Actual_Cost_Agreements|EPG 643.2.12.3.1]]) or lump sum ([[#643.2.12.3.2_Lump_Sum_Agreements|EPG 643.2.12.3.2]]) agreement. When the reimbursable adjustment will utilize a MRUA, the district utilities staff will prepare a MRUA correspondence letter (“letter agreement”) referencing the executed MRUA. A copy of the MRUA correspondence letter should be saved in MoProjects for reference by Financial Services, the district construction office, and the district staff responsible for inspection of utility adjustments. All project specific items such as type of agreement (actual cost or lump sum), plan of adjustment, estimated total cost, cost allocation, and schedule are addressed in the MRUA correspondence letter from the district utilities staff to the utility owner. A flowchart of the MRUA process is available.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.3 Project Specific Agreements===&lt;br /&gt;
If a utility owner does not have a MRUA with the Commission, a project specific agreement will be required for every project for which the Commission is responsible for the necessary adjustments to allow highway construction. The project specific agreement will be either an actual cost ([[#643.2.12.3.1_Actual_Cost_Agreements|EPG 643.2.12.3.1]]) or lump sum ([[#643.2.12.3.2_Lump_Sum_Agreements|EPG 643.2.12.3.2]]) agreement.&lt;br /&gt;
&lt;br /&gt;
====643.2.12.3.1 Actual Cost Agreements====&lt;br /&gt;
The UT03: Utility Agreement – Actual Cost is used when detailed estimates are not practical or costs appear to be questionable. Details on actual cost estimates can be found at [[#643.2.9.2.1_Actual_Cost_Estimate|EPG 643.2.9.2.1 Actual Cost Estimates]]. Once the final invoice on a UT03 is submitted to Financial Services, district utilities staff should change the status on the agreement in eAgreements to completed.&lt;br /&gt;
&lt;br /&gt;
====643.2.12.3.2 Lump Sum Agreements====&lt;br /&gt;
The UT02: Utility Agreement – Lump Sum eliminates the need for keeping detailed records of cost and the auditing of cost records. Estimates of cost must be prepared in detail for use of this agreement. When detailed estimates are not practical or costs appear unreasonable, actual cost agreements are to be used. Use of special forms of agreements, such as &amp;quot;subordination agreements&amp;quot;, which are desired by certain utility owners, is acceptable. These, too, must be revised to cover the particular situation. Details on lump sum estimates can be found at [[#643.2.9.2.2_Lump_Sum_Estimates|EPG 643.2.9.2.2 Lump Sum Estimates]]. Once the final invoice on a UT02 is submitted to Financial Services, district utilities staff should change the status on the agreement in eAgreements to “completed”.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.4 Agreement for Utility Work Included in Roadway Improvement Project===&lt;br /&gt;
The UT04: Utility Agreement - Actual Cost (For Utility Work That is to be Included in the Missouri Highways and Transportation Commission&#039;s Road Project) allows for the adjustment to be based on actual cost with the roadway contractor performing the utility work. Caution should be exercised in the type of utilities to be relocated in roadway contracts. Utilities recommended are waterlines and sewer lines. Other utilities, such as gas lines, communication lines, and power lines are to be studied thoroughly before being included in the project.&lt;br /&gt;
&lt;br /&gt;
The Transportation Project Manager and district utilities staff must plan ahead to get this work in the roadway contract. The utility owner must agree to include the utility adjustment in the roadway contract. The adjustment may be on highway right of way or on private easement in the name of the utility owner. The utility owner can agree to allow MoDOT’s contractor to work in its easement. However, district utilities staff in consultation with district right of way staff should review the easement documentation to verify the utility owner’s rights to the easement and any limitations on its use. MoDOT’s contractor can work and operate on both Commission right of way and on the utility easement, even when not directly connected to the Commission right of way, as part of the job site. Temporary construction easements may be necessary in addition to the utility easement to ensure adequate working room for the contractor.&lt;br /&gt;
&lt;br /&gt;
:The utility owner may request exemption to any liability for negligence of our contractor working on their easement. The Commission can assume that liability (refer to [[:Category:153_Agreements_and_Contracts#153.1.1.2_Acceptance_of_Liability_Policy_(MoDOT_Access_Only)|Acceptance of Liability Policy]]), but it should be included in the utility agreement if so desired by the utility owner. A Job Special Provision is necessary to require the MoDOT contractor to hold the utility harmless from all claims due to contractor negligence.&lt;br /&gt;
&lt;br /&gt;
Subsurface information, i.e. boring data, etc., should be obtained by the utility owner since it may be needed for the design of the utility adjustment. This information should be included in the plans. If the utility owner must bear all or part of the cost of the adjustment, the utility owner must agree to pay a pre-deposit to the Commission prior to opening bids on the project. This should be in the utility agreement. The pre-deposit will be credited to the &amp;quot;Missouri Highway and Transportation Commission - Local Fund.&amp;quot; Any interest earned in the fund will apply to the cost of the adjustments. The utility agreement will include language that the utility will inspect the installation and assume maintenance of the utility facility after construction. MoDOT will also provide engineering supervision to be sure the road contractor is in compliance with the contract. Utility plans and specifications are to be approved by the owner prior to submittal to the Central Office. The following items will provide minimum information to allow MoDOT’s contractor to bid the work.&lt;br /&gt;
# Individual bid items (not &amp;quot;lump sum&amp;quot;) should be established to promote better bidding and to handle overruns and underruns. Bid items not included on the Computer Stored Bid Item list should be &amp;quot;99&amp;quot; numbers.&lt;br /&gt;
# he bid package must be in our letting format. If the package was prepared by a consultant as if the utility owner were going to let it, all bid bond or bidding procedures must be screened to remove requirements contrary to MoDOT letting requirements. District utilities staff should work with the Transportation Project Manager, Design Liaison Engineer, and Central Office Bidding and Contract Services to ensure this requirement is met.&lt;br /&gt;
# The specifications required by the utility owner should be reviewed for items that could cause a bid problem for our contractor. Items such as non-readily available materials or sizes should be avoided.&lt;br /&gt;
# Utility plan sheets should be .pdf files equivalent to 22 in. x 34 in. It is helpful to have a quantity sheet specifically for utility items.&lt;br /&gt;
# Any special procedures required for the utility installation should be included in the Job Special Provisions.&lt;br /&gt;
# The utility package should be submitted on-time to Central Office with other project plans.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.5 Agreement for a Utility Only Project===&lt;br /&gt;
Any of the above agreements can be modified for a utility only project separate from the roadway project. The utility only project may be done by forces hired by the utility owner or by the Commission. A separate utility only project has distinct advantages when the following occurs:&lt;br /&gt;
* The utility work is extensive&lt;br /&gt;
* It must be performed in accordance with the utility owner’s seasonal requirements&lt;br /&gt;
* It extends beyond the limits of the construction project&lt;br /&gt;
* It must be performed considerably in advance of the roadway contract&lt;br /&gt;
&lt;br /&gt;
Necessary environmental and design work is still required for the limits of the separate utility only project. It may be necessary in these cases to have a second agreement with the utility owner to cover any other work that must be performed concurrently with the roadway contract. These latter agreements will use the roadway construction job number. Early need for utility projects is to be determined at the time when the STIP is updated each year. The utility construction funds will be shown in the year right of way funds are assigned. This will be done whenever possible to secure early adjustment of utility facilities. A request by the district is sent to the Planning Division. Estimated dollar amounts for utility adjustments are needed. These are estimates and do not need to be extremely accurate. When a special utility project is established, it is preferred, if at all possible, to include all the utility adjustments necessary for the entire roadway project. If funds are available, additional agreements can be added to this utility project until the final invoice for the first completed agreement is received for payment.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.6 Supplemental Agreements===&lt;br /&gt;
For utility owners with a UT01 agreement, a supplemental letter agreement documenting the change in the scope or cost of the work is acceptable.&lt;br /&gt;
&lt;br /&gt;
The UT05: First Supplemental Agreement is used to document changes to UT02 and UT03 agreements. If changes to the scope of work occur that are anticipated to exceed $100,000 or 15% of the original agreement, a UT05 is required. If the final invoice on an actual cost adjustment without changes in the scope of work exceeds the limits shown in the table below, a UT05 is required.&lt;br /&gt;
&lt;br /&gt;
{| class=&amp;quot;wikitable&amp;quot; style=&amp;quot;margin-left: 25px; text-align:center&amp;quot;&lt;br /&gt;
! Amount in Original Actual Agreement !! Final Bill Total Exceeds Original Amount by:&lt;br /&gt;
|-&lt;br /&gt;
| 0-$25,000 || 50%&lt;br /&gt;
|-&lt;br /&gt;
| $25,000-$100,000 || 40%&lt;br /&gt;
|-	&lt;br /&gt;
| Exceeds $100,000 || 30%&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
Should multiple UT05s be required with the same utility owner, the UT05 should be modified for additional supplemental agreements. Once the final invoice on an UT05 is submitted to Financial Services, district utilities staff should change the status on the agreement in eAgreements to “completed”.&lt;br /&gt;
&lt;br /&gt;
==643.2.13 Utility Adjustments in Roadway Plans and Job Special Provisions (JSPs)==&lt;br /&gt;
It is the responsibility of the MoDOT Transportation Project Manager (TPM) to ensure utility plans of adjustment are shown on the project plans at the Plan, Specification, and Estimate (PS&amp;amp;E) stage based upon information coordinated by the district utilities staff with the appropriate utility owner.&lt;br /&gt;
&lt;br /&gt;
===643.2.13.1 Plans===&lt;br /&gt;
A legend showing all applicable utility symbols and the names of the utility owners is shown on the first special utility sheet. In the absence of special utility sheets, this information may be shown on the title sheet or the first plan and profile sheet. The following note is required to be placed on the title sheet or the first plan and profile sheet and the first special utility sheet (if used) to inform contractors of the suitability of the utility information contained on the plans.&lt;br /&gt;
&lt;br /&gt;
&amp;quot;The existence and approximate location of utility facilities known to exist, as shown on the plans, are based on the best information available to the Commission at this time. This information is provided by the Commission &amp;quot;as-is&amp;quot; and the Commission expressly disclaims any representation or warranty as to the completeness, accuracy, or suitability of the information for any use. Reliance upon this information is done at the risk and peril of the user, and the Commission shall not be liable for any damages that may arise from any error in the information&amp;quot;.&lt;br /&gt;
&lt;br /&gt;
===643.2.13.2 Job Special Provisions===&lt;br /&gt;
Since the addition of utility information on the plans, supplied by a third party, could subject the Missouri Highway and Transportation Commission to additional liability, a Utility JSP reflecting the status of utility adjustments will be required. The JSP will include the name, address, e-mail address, and telephone number of all utility owner representatives for all utility facilities located on the project. The anticipated adjustment completion date for each utility adjustment is also to be shown based on the agreed upon dates, durations, or completion dates with the utility owner’s representative. This information will inform the bidder of the status of utilities for proper work coordination that could affect the bids for the proposed highway construction project. Status notations will include general notations such as: “N/A”, “Work is in progress”, “Work has not started”, “Work is complete”, and “Work is included in contract.”&lt;br /&gt;
&lt;br /&gt;
===643.2.13.3 PS&amp;amp;E Submittal===&lt;br /&gt;
In the District Final Plans Submittal Checklist (D-12), the TPM should note any issues related to existing utility facilities or the adjustment of utility facilities either shown or not shown on the plans. Projects with “No Utility Impacts” such as some overlays, striping, bridge washing, etc. do not need a Utility Status Letter or Utility JSP. The D-12 is used for these projects. In the D-12, under Project Details – “Utilities”, the note “NO” is selected and under “Status”, select “Clear”. For all other projects, the district utilities staff will write a Utility Status Letter. The TPM will include the Utility Status Letter with the submittal of the final plans to the Design Division. The Utility Status will be defined as:&lt;br /&gt;
# Utility facilities are present, but no conflict is anticipated with the highway construction project. Or,&lt;br /&gt;
# All utility facilities requiring adjustment to allow highway construction have been physically adjusted on the project. Or,&lt;br /&gt;
# Utility construction work is planned or active and will be completed to such a point that no impact will be expected to the highway construction project. The status of this work is defined in the utility JSP. Or,&lt;br /&gt;
# Utility facilities are not expected to be adjusted by the notice to proceed date for the road project, but the utility work will have no impact on the progress of the highway construction project. The status of this work is defined in the utility JSP. Or,&lt;br /&gt;
# Utility facilities must be adjusted after the road contractor completes stage construction or in coordination with the contractors’ work. Details of the coordination effort required of the contractor are defined in the utility JSP to properly advise bidders. Or,&lt;br /&gt;
&lt;br /&gt;
# Utility adjustment plans and specifications are included in the bid documents for the highway construction project. A UT04 agreement must be executed.&lt;br /&gt;
&lt;br /&gt;
==643.2.14 Payment to Utility Companies for Reimbursable Work==&lt;br /&gt;
Authorization and federal funding obligation must be approved prior to incurring costs. This applies to all types of work on utility facilities including preliminary engineering. An obligation is a commitment by the federal government to reimburse MoDOT for the federal share of a project’s eligible cost.&lt;br /&gt;
&lt;br /&gt;
===643.2.14.1 Obligation Process===&lt;br /&gt;
Federal funding can be used with both lump sum and actual cost agreements. After the utility agreement is fully executed, the district utilities staff will email a copy of the utility agreement or the letter agreement referencing the MRUA to the email group OBLIGATE. This email should request the authorization authority for use of federal funds and to be informed of a Notice to Proceed (NTP) (see [[#643.2.15_Notice_to_Proceed|EPG 643.2.15]]) date by Financial Services once federal funding has been obligated. District utilities staff should allow three (3) weeks to receive the NTP. Financial Services will use Advance Construction (AC) funding to fund reimbursement to utility owners. With AC funding, state funds initially are used to pay for reimbursement to utility owners. Once construction is complete, with appropriate documentation of the work via the [https://epg.modot.org/forms/general_files/DE/C-9.docx C-9] and [https://epg.modot.org/forms/general_files/DE/C-13.docx C-13], Financial Services will convert to federal funding.&lt;br /&gt;
&lt;br /&gt;
===643.2.14.2 Preliminary Engineering===&lt;br /&gt;
On occasion, preliminary engineering (PE) may need to be undertaken by the utility owner prior to the execution of a utility agreement. If a utility owner has a MRUA, an estimate of the cost of the PE work by the utility owner may be used to obligate funding for preliminary engineering under the MRUA as a PE only letter agreement. If a lump sum or actual cost agreement will be required with the utility owner for the project, district utilities staff should do two (2) agreements with one agreement covering PE only, and once a design for the adjustment is obtained, a second agreement for the construction of the adjustment should be executed. If a separate PE only agreement is obtained, NTP will need to be issued twice to the utility owner: once for PE and once for construction.&lt;br /&gt;
&lt;br /&gt;
===643.2.14.3 Right of Way===&lt;br /&gt;
Once Notice to Proceed has been given, the utility owner may begin the right of way acquisition process. If the utility owner needs to acquire right of way prior to a full agreement for relocation has been negotiated, the agreement specifically for the acquisition of right of way should be executed. This agreement will be sent to Financial Services to begin the obligation process.&lt;br /&gt;
&lt;br /&gt;
===643.2.14.4 Construction===&lt;br /&gt;
Payment to utility owners for construction of the adjustment may occur in a number of phases.&lt;br /&gt;
&lt;br /&gt;
====643.2.14.4.1 Prepayment====&lt;br /&gt;
Per the utility agreement, the Commission allows utility owners to be prepaid prior to commencing work. The district utilities staff may negotiate the prepayment if the utility owner is receptive. The utility owner will submit a request for prepayment with an invoice prior to any prepayment. Route, county, and job number must be included in the request. The district utilities staff will submit a request to Financial Services with a copy saved in MoProjects for future reference by the district staff responsible for inspection of the utility adjustment.&lt;br /&gt;
&lt;br /&gt;
====643.2.14.4.2 Progress Payments====&lt;br /&gt;
If a utility owner has not been prepaid the entire estimated amount in the utility agreement, then the utility owner may request progress payments after completing a portion of the proposed work, including PE.&lt;br /&gt;
&lt;br /&gt;
Progress payments for PE by consultants should not exceed the &amp;quot;maximum not to exceed amount&amp;quot; shown in the cost estimate unless additional costs are approved first by district utilities staff.&lt;br /&gt;
&lt;br /&gt;
For progress payments, the utility owner is required to submit only a summary of work and materials for which payment is claimed, not a detailed billing. District utilities staff should check only to be sure that sufficient work has been done to justify making the requested payment. Payment should be made for allowable costs incurred up to the date of the progress payment request.&lt;br /&gt;
&lt;br /&gt;
Progress payment invoices do not relieve the utility owner of the responsibility of submitting one complete and final invoice upon completion of the adjustment. The utility owner’s address must be shown on the invoice. The district utilities staff should submit progress payment invoices and applicable C-9s to Financial Services within one (1) week of receipt of invoice.&lt;br /&gt;
&lt;br /&gt;
One copy of the progress payment and one copy of the district utilities staff letter of recommendation must be sent to Financial Services for payment and be stored in MoProjects. The cover memo should include the project number, route, county, actual cost or lump sum utility agreement, Commission obligation percentage, total cost estimate of Commission obligation, and indicate the progress payment number, i.e., progress payment number 1, 2, 3, etc. If more than one progress payment is requested by the utility company, the district should submit progress payment bills to Financial Services in the following format:&lt;br /&gt;
{| class=&amp;quot;wikitable&amp;quot; style=&amp;quot;margin-left: 25px; text-align:center&amp;quot;&lt;br /&gt;
! Payment !! Amount&lt;br /&gt;
|-&lt;br /&gt;
| Progress Payment #1 || $50,000&lt;br /&gt;
|-&lt;br /&gt;
| Progress Payment #2 || 10,000&lt;br /&gt;
|-	&lt;br /&gt;
| Total Payment to Date || $60,000&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
This format will help clarify payment history with the utility owner. Progress payments for actual cost utility agreements may not exceed the Commission&#039;s total estimated cost shown in the agreement. However, if the request for a progress payment exceeds the original estimate, a change order with explanation should accompany the request. (See [[#643.2.16.5_Change_Orders|EPG 643.2.16.5 Change Orders]].)&lt;br /&gt;
&lt;br /&gt;
====643.2.14.4.3 Final Payment====&lt;br /&gt;
Utility owners are required to submit a detailed final invoice to MoDOT for all actual cost reimbursable utility work and for any lump sum reimbursable utility work that was not prepaid. For prepaid lump agreements, the utility owner must submit a zero-dollar ($0) invoice to demonstrate the work has been completed. After the utility work has been fully completed, the district utilities staff responsible for inspection should send the utility owner a “60 Day” [https://epg.modot.org/forms/general_files/DE/FinalInvoiceLetter.docx Final Acceptance Letter] requesting a complete final invoice within 60 days, as detailed in the utility agreement. If the final invoice is not received from the utility owner within 30 days, then a follow up letter should be sent (i.e., “30 Day” [https://epg.modot.org/forms/general_files/DE/FinalInvoiceReminderLetter.docx Reminder Final Invoice Letter]) reminding the utility owner of its obligation to submit a final invoice within 60 days of the completed work. If a final invoice from the utility owner is not received within this timeframe, then the district utilities staff should contact the Design Liaison Engineer for guidance on how to close out the work.&lt;br /&gt;
&lt;br /&gt;
The district utilities staff is expected to check the final bill within two (2) weeks after receipt in as much detail as possible against the C-9. It is their responsibility to verify from field records the quantities of labor, equipment, material used, material retired, and to justify all changes made. If the utility owner’s contractor made the adjustment at unit cost prices, then it is the district utility staff’s responsibility to verify the number of units completed and not the hours of labor and equipment. It is also important for the utility owner to show the words “final bill” or “final invoice” on the last bill, in order for MoDOT to understand that no additional charges will be made on the adjustment. The final bill must show a general description of the utility adjustment, the highway project number, the date on which work was completed or last item of billed expense was incurred, and the location where records can be audited. The order of items in the final statement should follow as closely as possible the order of items in the original estimate. A summary, on the utility owner’s letterhead, of the total cost of preliminary engineering, construction engineering, right of way, labor, overhead, construction travel expense, transportation, equipment, materials, supply, handling, and salvage credits should be shown in a way that will permit direct comparison with the approved estimate from the original or supplemental agreements (see [[#643.2.12.6_Supplemental_Agreements|EPG 643.2.12.6]]).&lt;br /&gt;
&lt;br /&gt;
If the Actual Cost final invoice shows a much higher cost than the original estimate without scope change, the utility owner is required to give reasons in a letter to the district utilities staff explaining why the invoice cost increased. When the Actual Cost final invoice exceeds the amount shown in the table in [[#643.2.12.6_Supplemental_Agreements|EPG 643.2.12.6]], a supplemental agreement is required.&lt;br /&gt;
&lt;br /&gt;
When the district utilities staff has determined that the final invoice is accurate, the C-13 should be completed. Once the C-13 is completed, the C-13 and the final invoice from the utility owner are forward to Financial Services. For Actual Cost agreements, the C-9s should also be included in this transmittal. If no additional payments are required, the district utilities staff should note this in the transmittal as well. If the final invoice indicates previous payments to a utility owner exceeded the final invoice, the utility owner will need to send MoDOT a check for the overpayment amount. The check should be made payable to Director of Revenue – Credit State Road Fund. If the utility owner did not send MoDOT an overpayment check with the final invoice, district utilities staff should send a letter to the utility owner requesting the refund amount. Submittal of the final invoice to Financial Services should not occur until repayment has been received. The submittal to Financial Services should note the receipt of the repayment check.&lt;br /&gt;
&lt;br /&gt;
==643.2.15 Notice to Proceed==&lt;br /&gt;
For PE only, once an agreement has been executed, and Financial Services has advised that authorization from FHWA has been received, district utilities staff will issue a notice to proceed (NTP) letter to the utility owner for the PE. For agreements that include PE and construction or once a final agreement for construction has been executed, right of way clearance has been issued, and Financial Services has advised that authorization from FHWA has been received, the district utilities staff will issue NTP to the utility owner for construction. See [https://epg.modot.org/forms/general_files/DE/NoticeToProceedExampleLetter.docx Example of Notice to Proceed Letter]. If salvage credit is part of the agreement with the utility owner, the NTP letter should include a statement that the utility owner will need to inform district utilities staff of the time and place that inspection may be made of the removed material. The utility owner may be held accountable for full value of materials disposed without proper notice. Utility owners may purchase materials prior to NTP for construction; however, no other work on the adjustment necessary to allow highway construction may begin prior to NTP for construction. The utility owner, for reasons of planning their workload or due to seasonal situations, may request early authorization to perform the work. This request, with the district utilities staff recommendations, is sent to the Design Liaison Engineer for further handling, approval, and advancement of the necessary funds. A copy of the NTP should be saved in MoProjects. If a utility owner begins adjustments prior to NTP for construction, district utilities staff should notify the utility owner immediately in writing that reimbursement will not be made for work done prior to NTP for construction.&lt;br /&gt;
&lt;br /&gt;
==643.2.16 Construction of Utility Adjustments==&lt;br /&gt;
===643.2.16.1 Utility Owner Self-Perform===&lt;br /&gt;
As per 23 CFR 645.115 Construction, it may be cost-effective for certain utility adjustments to be performed by a utility owner with its own internal forces and equipment, provided the utility owner is qualified to perform the work in a satisfactory manner. This cost-effectiveness finding covers minor work on the utility owner’s existing utility facilities routinely performed by the utility owner with its own forces.&lt;br /&gt;
&lt;br /&gt;
===643.2.16.2 Construction Contract Requirements===&lt;br /&gt;
When the utility owner is not adequately staffed and equipped to perform such work with its own forces and equipment at a time convenient to coordination with the associated highway construction, such work may be done one of four ways for utility adjustments:&lt;br /&gt;
# MoDOT can provide the construction services, via awarded contract to the lowest qualified bidder based on appropriate solicitation. This can be done by including the adjustment work in the roadway improvement project ([[#643.2.14_Payment_to_Utility_Companies_for_Reimbursable_Work|EPG 643.2.12.4 Utility Agreement for Utility Work Included in Roadway Improvement Project]]) or by having a utility only project ([[#643.2.12.5_Agreement_for_a_Utility_Only_Project|EPG 643.2.12.5 Utility Only Project]]).&lt;br /&gt;
# The utility owner can award a construction contract to the lowest qualified bidder based on appropriate solicitation.&lt;br /&gt;
# The utility owner can utilize an existing continuing contract, provided the costs are reasonable (see [[#643.2.9.1_Independent_Cost_Estimate|EPG 643.2.9.1 Independent Cost Estimate]]).&lt;br /&gt;
# The utility owner can contract for low-cost incidental work, such as tree trimming and the like, without competitive bidding, provided the costs are reasonable (see [[#643.2.9.1_Independent_Cost_Estimate|EPG 643.2.9.1 Independent Cost Estimate]]).&lt;br /&gt;
&lt;br /&gt;
When a utility owner chooses option 2 to award its own new construction contract, the utility owner must provide the following documents and information to the district utilities staff. These documents need to be provided as soon as the utility owner has chosen to pursue a construction contract. Document 1 must be supplied by all utility owners. Documents 2 and 3 are only required when the utility owner is a local government agency who is also a political subdivision of the state of Missouri (e.g., city-owned utilities, county-owned utilities). All other utility owners are encouraged, but not required, to provide Documents 2 and 3.&lt;br /&gt;
# A statement that the utility owner is not staffed or able to perform the required construction activities with its own forces.&lt;br /&gt;
# A copy of the request for proposal used to secure bids.&lt;br /&gt;
# A list of a minimum of 3 bidders whom they believe can do the work. &#039;&#039;&#039;Political subdivisions are required to advertise for the work&#039;&#039;&#039;.&lt;br /&gt;
# Upon review of these documents, the district utilities staff will advise the utility owner to proceed with the solicitation of bids, but the utility owner will not be permitted to award the contract without the concurrence of district utilities staff. For lump sum agreements, approval of contract work and subcontract work is not required.&lt;br /&gt;
&lt;br /&gt;
The following documents need to be provided as soon as the utility owner has determined the lowest qualified contractor and would like to award the project. Document 1 must be supplied by all utility owners. Document 2 is only required when the utility owner is a local government agency who is also a political subdivision of the state of Missouri (e.g., city-owned utilities, county-owned utilities). All other utility owners are encouraged, but not required, to provide Document 2.&lt;br /&gt;
# The name address of the lowest qualified contractor.&lt;br /&gt;
# The tabulation of bids received and other information to support their recommendation for award to the lowest qualified bidder.&lt;br /&gt;
&lt;br /&gt;
The district utilities staff will review and approve the utility owner&#039;s bid information prior to the award of the contract. The Design Liaison Engineer is available to assist the district with review of bid information if necessary. Once the district utilities staff provides concurrence, the utility owner may proceed with awarding the contract. When the utility owner is a local government agency who is also a political subdivision of the state of Missouri (e.g., city-owned utilities, county-owned utilities), a copy of the executed contract must be shared with the district utilities staff. All other utility owners are encouraged, but not required, to provide a copy of the executed contract.&lt;br /&gt;
&lt;br /&gt;
A [https://epg.modot.org/forms/general_forms/DE/UtilityConsultantContractChecklist.docx checklist is available for reviewing contracts] to ensure the contract conforms to MoDOT policy and complies with applicable federal regulations.&lt;br /&gt;
&lt;br /&gt;
When a utility owner chooses to utilize an existing continuing contract, the utility owner will submit a copy of the contract to the district utilities staff. The district utilities staff will review the contract for reasonableness of cost. If district utilities staff and the utility owner’s representative cannot agree on the reasonableness of cost, then the utility owner will be required to award a new construction contract.&lt;br /&gt;
&lt;br /&gt;
===643.2.16.3 Inspection===&lt;br /&gt;
The degree of inspection needed for utility adjustments will vary considerably with the nature and location of the work and whether the Commission is responsible for any portion of the cost of reimbursement. Judgment must be used regarding the manner and regularity of inspection duties. Some phases of the work require a very close check to ensure that the highway will not be adversely affected and to ensure satisfactory performance of work in accordance with the agreement and plans. The degree of inspection may vary from spot checking of overhead installations to continuous close observation of backfilling trenches beneath proposed pavement, embankment area, or adjacent to bridge abutments. Proper inspection can ensure that the utility adjustment is completed as efficiently as possible to minimize future impacts to the utility facility and the highway construction project. A [https://epg.modot.org/forms/general_files/DE/UtilityFieldInspectionChecklist.docx Field Inspection Checklist] to assist district utilities staff responsible for inspection is available.&lt;br /&gt;
&lt;br /&gt;
If it is found that any actual cost reimbursable utility adjustment is being performed by unapproved contractors, district utilities staff should direct the work to stop. The utility owner’s representative should be informed immediately and should be advised in writing that the costs incurred by an unapproved contractor are not eligible for reimbursement under provisions of the agreement. The district utilities staff can take appropriate steps to approve a subcontract and advise when the utility owner can recommence work.&lt;br /&gt;
&lt;br /&gt;
===643.2.16.4 Documentation===&lt;br /&gt;
All documents related to the construction of the utility adjustment necessary to allow highway construction should be stored in MoProjects.&lt;br /&gt;
&lt;br /&gt;
Construction records must be kept to confirm that work is done in accordance with the terms of the agreement and in the manner proposed in the plans. The importance of a complete and accurate record cannot be overemphasized. Detailed records are necessary to support the recommendation for payment of the final invoice. A complete, separate daily record must be kept on each actual cost adjustment and submitted for review when the final invoice is recommended for payment. This district utilities staff responsible for inspection should complete the Daily Utility Report (C-9).&lt;br /&gt;
&lt;br /&gt;
====643.2.16.4.1 Utility Reports====&lt;br /&gt;
The Daily Utility Report ([https://epg.modot.org/forms/general_files/DE/C-9.docx Form C-9]) and the Final Utility Report ([https://epg.modot.org/forms/general_files/DE/C-13.docx Form C-13]) are used for documenting utility adjustments necessary to allow highway construction. The use of C-9s and C-13s will vary with method of reimbursement. For utility adjustments necessary to allow highway construction that overlap with the highway contractor’s work, progress records should be kept as necessary to coordinate the highway and utility construction activities. Sufficient records must be maintained to check and verify the items of labor, equipment, materials, and salvaged items as submitted on the final invoice.&lt;br /&gt;
&lt;br /&gt;
=====643.2.16.4.1.1 Daily Utility Report (C-9)=====&lt;br /&gt;
C-9s are only required for actual cost agreements. The district utilities staff responsible for inspection must in all cases keep records to document inclement weather, down time, and verbal authorization for minor changes. The district utilities staff responsible for inspection must complete a C-9 documenting the number and classification of employees and number of hours worked. Records of material used and of retired materials returned to stock or scrapped must be kept. The utility owner’s major items of equipment must also be recorded. When work is done by the contract method based on unit prices, the district utilities staff responsible for inspection should ascertain that units of work as provided in the bid proposal are measured and recorded to form a basis for checking the final invoice. C-9s should list the location and the number of units of work accomplished for that period. If contract labor or equipment is used by a utility owner on the basis of a bid per hour, per day, etc., it will be necessary to keep records on this labor or equipment time in the same manner as if the utility owner were performing the work with its own internal forces. District utilities staff responsible for inspection should also note all contractors working for the utility owner and the contractor approval authorization dates given in the agreement.&lt;br /&gt;
&lt;br /&gt;
=====643.2.16.4.1.2 Final Utility Report (C-13)=====&lt;br /&gt;
C-13s summarize that the utility adjustment work that was done in accordance with the agreement and plans, the percentage of total cost that is the responsibility of the Commission, and any progress payments that have been made. A C-13 is required for both actual cost and lump sum agreements. The requested numbers shown on line 9 (Commission Estimated Cost) and line 10 (Amount of Final Bill) in the report are the Commission’s total responsibility.&lt;br /&gt;
&lt;br /&gt;
====643.2.16.4.2 Breakdown and Emergency====&lt;br /&gt;
When breakdown and emergency situations occur, prior approval by MoDOT is not required for contract or equipment rental work unless the cost or period of time will be extensive. The utility owner should furnish a letter as soon as possible to explain the situation and set out the estimated costs involved. The district utilities staff’s records should substantiate the need and the changes for personnel and equipment.&lt;br /&gt;
&lt;br /&gt;
====643.2.16.4.3 Stop Work====&lt;br /&gt;
If at any point, a stop work order is given by MoDOT to a utility owner, written documentation of the stop work order should be saved in MoProjects.&lt;br /&gt;
&lt;br /&gt;
===643.2.16.5 Change Orders===&lt;br /&gt;
Any change in the plan of adjustment should be documented in writing to the utility owner as a change order. If the change order is anticipated to exceed $100,000 or 15% of the original agreement amount, district utilities staff should negotiate a supplemental agreement with the utility owner’s representative. Once a supplemental agreement is in place, district utilities staff should contact Financial Services to obtain an adjustment of the obligation mid-project. Change orders without supplemental agreements will be settled once the project is complete.&lt;br /&gt;
&lt;br /&gt;
====643.2.16.5.1 Actual Cost Agreement====&lt;br /&gt;
Slight modifications in quantities or the addition of minor items not included with the original agreement do not require a supplemental agreement. However, such changes should be documented in writing with the utility owner. A supplemental agreement is needed if costs exceed the above threshold or if there is a change in the percentage of cost that is the Commission’s responsibility on an agreement with shared responsibility for costs. Intermediate partial payments cannot be made on items in a supplemental agreement until the supplemental agreement is approved.&lt;br /&gt;
&lt;br /&gt;
====643.2.16.5.2 Lump Sum Agreement====&lt;br /&gt;
A supplemental agreement to a Lump Sum Agreement is only required for significant changes in the scope of work of the utility adjustment necessary to allow highway construction. Normal overruns are not considered as changes in approved work and will not be reimbursed. Significant changes in the scope of work on utility adjustments necessary to allow highway construction cannot be done until the supplemental agreement is approved, and the adjustment in obligation of funds is complete.&lt;br /&gt;
&lt;br /&gt;
==643.2.17 Utilities during Highway Construction==&lt;br /&gt;
The contractor is responsible for having utilities located by contacting Missouri One-Call (811) prior to any excavation on the project. A reminder of this responsibility should be made at the preconstruction meeting.&lt;br /&gt;
&lt;br /&gt;
===643.2.17.1 Preconstruction Meeting (Pre-Con)===&lt;br /&gt;
District utilities staff should be invited to all pre-cons.&lt;br /&gt;
&lt;br /&gt;
Pre-cons fall into three categories relating to utilities:&lt;br /&gt;
# No utility adjustments are anticipated within the project limits,&lt;br /&gt;
# All utility adjustments completed prior to the pre-con, and&lt;br /&gt;
# All utility adjustments not completed prior to the pre-con.&lt;br /&gt;
&lt;br /&gt;
====643.2.17.1.1 No Utility Adjustments Anticipated within the Project Limits====&lt;br /&gt;
For projects without a Utility Job Special Provision (JSP), no involvement of the utility owners is required at the pre-con. For projects with a Utility JSP, the Resident Engineer (RE) should invite all utility owner representatives listed in the JSP with known required adjustment to the pre-con. The RE should review potential impacts of the highway construction project with the contractor and the utility owner.&lt;br /&gt;
&lt;br /&gt;
====643.2.17.1.2 All Utility Adjustments Completed Prior to the Pre-Con====&lt;br /&gt;
The RE should invite all utility owner representatives listed in the JSP with known required adjustment to the pre-con. The RE should review potential impacts of the highway construction project with the contractor and the utility owner. A general discussion should highlight the previous adjustments made by the utility owner and what abandoned utility facilities the contractor may encounter.&lt;br /&gt;
&lt;br /&gt;
====643.2.17.1.3 All Utility Adjustments Not Completed Prior to the Pre-Con====&lt;br /&gt;
It is important for the RE and inspector to understand the utility owner’s work schedule and how it relates to the contractor’s work schedule. During the pre-con, the schedule of the utility owner and highway construction contractor should be discussed, and conflicts should be addressed to allow utility adjustments and highway construction to progress as near to the proposed schedule as possible. On large-scale projects that have many utility issues to address that could impact the work of the highway construction contractor, it may be necessary to have a separate pre-con with utility owner representatives.&lt;br /&gt;
&lt;br /&gt;
===643.2.17.2 Coordination Meetings===&lt;br /&gt;
When the utility work will not be completed soon after the preconstruction meeting, the RE should meet with district utilities staff, the highway construction contractor, and the utility owner representatives on a regular basis to discuss utility coordination issues, so expectations from all parties are known and conveyed clearly. The utility owner may need some work performed by MoDOT or the highway construction contractor prior to completing their adjustments. (Examples include: survey staking of right of way or proposed facilities, trees cleared, grading performed, or new structures built).&lt;br /&gt;
&lt;br /&gt;
==643.2.18 Service Drops==&lt;br /&gt;
Power and communication services provided by utility owners are necessary for the operation of the highway system. These services may include power to traffic signals, lighting, or ITS devices; power for cathodic protection; or telecommunication services to signal controllers or ITS devices. The project design teams should work with district utilities staff to identify proper locations for the applicable utility owners to provide these services. Various utility owners have different requirements for this process. The district utilities staff is encouraged to develop a workable relationship with the utility owners who provide these services to MoDOT. The costs of installing the services charged by the utility owner are considered a non-contractual item and should be accounted for in the project’s budget in the STIP. The proposed location and method for the service drops should be shown on the roadway plans. District utilities staff should meet with the utility owner’s representative to ensure the proposed location can be accommodated by the utility owner. For electrical service connections, the power supply assembly is ideally located a maximum of ten feet (10’) from the source location. Plans submitted for PS&amp;amp;E should reflect the agreed upon location for all service connections. During construction, district utilities staff and district construction staff should work together to ensure the placement of the services is consistent with the project plans. Payment for the service drops should be invoiced by the utility owner to the district. District utilities staff is responsible for submission of the invoice directly to Financial Services for payment noting the non-contractual charges for the project.&lt;br /&gt;
&lt;br /&gt;
==643.2.19 Buy America Build America for Utilities==&lt;br /&gt;
FHWA’s Buy America Build America (BABA) policies require a domestic manufacturing process for all steel or iron products, other construction materials, and manufactured products that are permanently incorporated into Federal-Aid Highway construction projects, including products and materials used for adjustments to utility facilities to allow highway construction. These guidelines are for all federally reimbursable transportation projects where FHWA is the lead federal agency; it does not take precedence over projects where Federal Transit Administration or the Federal Railroad Administration is deemed the be the lead federal agency.&lt;br /&gt;
&lt;br /&gt;
===643.2.19.1 Program Requirements for Utilities===&lt;br /&gt;
All MoDOT projects are federal-aid projects, and therefore, all reimbursable utility adjustments are required to follow the provisions of BABA. More information on MoDOT’s BABA policy and procedures can be found in [[106.9_Buy_America_Requirement|EPG 106.9 Buy America Requirement]]. Specifically, utility owners should be aware of the following procedures for determining applicability of the EPG 106.9 requirements to reimbursable utility adjustments necessary to allow highway construction:&lt;br /&gt;
* BABA does not apply when materials are relocated from one location to another within the project limits.&lt;br /&gt;
* BABA does not apply for materials necessary for temporary utility adjustments assuming materials are removed from the right of way upon completion of the utility adjustment to allow highway construction.&lt;br /&gt;
* Non-reimbursable work must be kept separate from reimbursable work (agreements, permits, etc.) in order to not be subject to BABA.&lt;br /&gt;
&lt;br /&gt;
===643.2.19.2 Certification Requirements for Utilities===&lt;br /&gt;
Utility owners have the option of choosing either to self-certify BABA compliance or provide vendor/manufacturer certification to MoDOT. The method of certification is chosen by the utility owner and is documented in either the MRUA or the project specific agreement. Regardless of agreement type or certification method, the utility owner must be compliant with BABA requirements.&lt;br /&gt;
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====643.2.19.2.1 BABA Utility Owner Self-Certification====&lt;br /&gt;
If a utility owner chooses to self-certify BABA compliance, the utility owner is not required to provide MoDOT copies of the supplier certification as part of the project documentation or with the final invoice for any reimbursable utility adjustment necessary to allow highway construction. Retention of all documents should be as described in the agreement.&lt;br /&gt;
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====643.2.19.2.2 BABA Vendor/Manufacturer Certification====&lt;br /&gt;
If a utility owner chooses to use vendor/manufacturer certification, the utility owner will supply MoDOT BABA compliance from all vendors and/or manufacturers. Certification from vendors will be signed by an authorized representative of the vendor on company letterhead or other acceptable documentation and will declare that all supplied materials subject to BABA requirements are fully compliant. Certification from iron or steel manufacturers must be in the form of a mill test report (MTF) issued and signed by the initial fabricator stating the materials subject to BABA were melted and manufactured in the United States. Other written statements on company letter or other acceptable documentation signed by an authorized representative of the manufacturer for any additional treatment to the fabricated material (such as blasting, galvanizing, painting, or coating) will state that all treatment processes occurred in the United States according to FWA guidelines. Retention of all documents should be as described in the agreement. Manufacturer certification for manufactured products or construction materials will state that all materials were sourced from the United States and were fabricated in the United States. Retention of all documents should be as described in the agreement.&lt;br /&gt;
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&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643.3 Reserved for Future Use &#039;&#039;PAGE TITLE&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;&lt;br /&gt;
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&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643.4 Railroads (NO CHANGE) &#039;&#039;PAGE TITLE&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;&lt;br /&gt;
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==236.5.12 Excess Land Conveyances &amp;amp; Relinquishments - Utilities==&lt;br /&gt;
All conveyances and relinquishments of Commission-owned property shall be evaluated for the existence of any utility facilities located within the areas to be conveyed or relinquished. A conveyance or relinquishment of Commission-owned property may have implications to the utility facilities, and the utility owners, when the Commission no longer controls the property. It is important to maintain the continuity of utility facilities for the general public; therefore, to identify and minimize potential impacts, MoDOT shall involve utility owners in the conveyance and relinquishment processes.&lt;br /&gt;
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===236.5.12.1 Excess Land Conveyances Utilities===&lt;br /&gt;
MoDOT shall only recommend that a property be declared excess upon satisfactorily addressing the utility impacts. Whether MoDOT or an external party initiates the conveyance of excess property, utility impacts shall be adequately addressed by using one of the following methods: &lt;br /&gt;
:1. Each utility facility will be relocated by permit into a new utility corridor retained by the Commission.&lt;br /&gt;
:2. Each utility facility will remain in place with the benefit of a non-exclusive permanent utility easement.&lt;br /&gt;
::&#039;&#039;If the Commission holds fee simple title to the property, the Commission shall convey a non-exclusive permanent utility easement to each utility owner&#039;&#039;.&lt;br /&gt;
::&#039;&#039;If the Commission holds a less than fee simple title interest in the property, MoDOT shall facilitate the conveyance of a non-exclusive permanent utility easement from the party acquiring the property to each utility owner&#039;&#039;.&lt;br /&gt;
:3. Each utility facility will be relocated to another portion of the property being conveyed.&lt;br /&gt;
::&#039;&#039;If the Commission holds fee simple title to the property, the Commission shall convey a non-exclusive permanent utility easement to each utility owner&#039;&#039;. &lt;br /&gt;
::&#039;&#039;If the Commission holds a less than fee simple title interest in the property, MoDOT shall facilitate the conveyance of a non-exclusive permanent utility easement from the party acquiring the property to each utility owner&#039;&#039;.&lt;br /&gt;
:4. Each utility facility will be relocated onto a portion of the property already owned by the party acquiring the Commission-owned property, with the benefit of a non-exclusive permanent easement. (MoDOT shall facilitate the conveyance of a non-exclusive permanent utility easement from the party acquiring the property to each utility owner.)&lt;br /&gt;
:5. A three-party negotiated settlement taking into consideration the overall value of the proposed transaction.&lt;br /&gt;
:6. Additional options to address utility impacts may be utilized with approval from the Asst. to the State Design Engineer - Right of Way.&lt;br /&gt;
&lt;br /&gt;
===236.5.12.2 Road Relinquishment Utilities===&lt;br /&gt;
MoDOT shall only recommend the relinquishment of roadways through the [[236.14 Change in Route Status Report|Change in Route Status Report]] upon satisfactorily addressing the impacts to utility facilities. If the roadway will be relinquished to a local public transportation authority, with the intent that it continues to be used as a public roadway, a clause similar to the following shall be included in the deed from the Commission to the local public transportation authority:&lt;br /&gt;
:&#039;&#039;&amp;quot;Grantee, by acceptance of this conveyance, covenants and agrees for itself, its successors and assigns, to allow known or unknown utility facilities currently located on the property, whether of record or not, to remain on the property, and to grant the current and subsequent owners of those facilities the right to maintain, construct and reconstruct the facilities and their appurtenances over, under, and across the land herein conveyed, along with the right of ingress and egress across the land herein conveyed to and from those utilities.&amp;quot;&#039;&#039; &lt;br /&gt;
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Proposed roadway relinquishments to private entities shall be reviewed in a manner consistent with the conveyance of excess property described in [[236.5 Property Management#236.5.3 Asset Management Committee|EPG 236.5.3 Asset Management Committee]].&lt;/div&gt;</summary>
		<author><name>Hoskir</name></author>
	</entry>
	<entry>
		<id>https://epg.modot.org/index.php?title=User:Hoskir/Revision_Request_4225&amp;diff=58893</id>
		<title>User:Hoskir/Revision Request 4225</title>
		<link rel="alternate" type="text/html" href="https://epg.modot.org/index.php?title=User:Hoskir/Revision_Request_4225&amp;diff=58893"/>
		<updated>2026-06-23T15:59:47Z</updated>

		<summary type="html">&lt;p&gt;Hoskir: /* 643.2.12 Utility Agreements */&lt;/p&gt;
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&lt;div&gt;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643 Utility Procedures  &#039;&#039;CATEGORY&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt; &lt;br /&gt;
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| &#039;&#039;&#039;&amp;lt;center&amp;gt;&amp;lt;u&amp;gt;Additional Resources&amp;lt;/u&amp;gt;&amp;lt;/center&amp;gt;&#039;&#039;&#039;&lt;br /&gt;
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| ● [https://www.ecfr.gov/current/title-23/chapter-I/subchapter-G/part-64523 CFR 645]&lt;br /&gt;
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| ● [https://www.sos.mo.gov/cmsimages/adrules/csr/current/7csr/7c10-3.pdf7 CSR 10-30]&lt;br /&gt;
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&#039;&#039;&#039;Utility Accommodation Policy:&#039;&#039;&#039; State DOTs are required to develop policies and procedures pertaining to the use, accommodation, and/or relocation of public and private utility facilities on highway rights-of way using Federal-aid highway funds. State DOTs are required to develop, maintain, and obtain FHWA approval of their Utility Accommodation Policy (UAP) (23 CFR section 645.215). This EPG article 643 and subarticles 643.1 through 643.3 are Missouri Department of Transportation (MoDOT)’s Utility Accommodation Policy. Text in EPG 643 consolidates various federal and state statutes and rules into a single, cohesive, workable policy to outline processes for MoDOT staff and utility owners.&lt;br /&gt;
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&#039;&#039;&#039;Delegation of Work:&#039;&#039;&#039; Each MoDOT district is responsible for ensuring implementation of the UAP outlined in the subsequent EPG articles. Each district can create its own organization for whom is responsible for the work including between divisions and job titles. Work responsibilities within this article and subarticles are generic where possible. If a specific title is included, that title has sole responsibility for that item of work.&lt;br /&gt;
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&#039;&#039;&#039;643 documents not being used&#039;&#039;&#039;&lt;br /&gt;
[[media:144 Major Highway System 2022.pdf|major routes]]&lt;br /&gt;
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&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643.1 Utility Location  &#039;&#039;PAGE TITLE&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt; &lt;br /&gt;
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The information in this article provides a uniform system for regulating the location, construction, maintenance, removal, and relocation of utility facilities on the right of way of roadways located on the state highway system. It also provides for the facilitation of construction and maintenance of these roadways. Any location or relocation of utility facilities contrary to this information is an interference with the construction, maintenance, or operation of a state highway and its right of way and is prohibited.&lt;br /&gt;
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==643.1.1 Permits==&lt;br /&gt;
All utility owners are required to obtain a permit to work on Missouri Highway and Transportation Commission (Commission) right of way. A permit is required for original installation of the utility facility, on-going maintenance of the utility facility, or adjustments to a utility facility necessary to allow highway construction. Per [[127.29_Stormwater#127.29.4.3_MCM_3:_Illicit_Discharge_Detection_and_Elimination_(IDDE)_Program|EPG 127.29.4.3]], discharges of anything other than stormwater are not permitted. A deposit or bond is required to ensure completion of the work in accordance with the permit issued. An [https://www.modot.org/permits application for a permit] may be made on established forms specifically stating the nature of the work to be performed. Applications for permits may be obtained at any of the [https://www.modot.mo.gov/ seven (7) district highway offices] of the Commission, [https://www.modot.mo.gov/ MoDOT&#039;s website], or by requesting it from the office of the Missouri Highways and Transportation Commission in Jefferson City, Missouri. The application for a permit will specifically state the nature of the work to be performed, what specific type of utility facility is to be installed, and, if necessary, the timeframe of any temporary use. Piping of any type of sewage or waste will only be allowed providing any permitting by a regulatory agency, such as Missouri Department of Natural Resources, can be provided. Prior to obtaining a permit through MoDOT’s permit system, a utility owner will be required to provide a bond to ensure satisfactory work and complete a TR50 Electronic Signature Agreement with the Commission. The name of the utility owner must match on the bond, TR50, and in the permit system. More information on permitting can be found in [[:Category:941_Permits_and_Access_Requests|EPG 941]].&lt;br /&gt;
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===643.1.1.1 Emergency Work===&lt;br /&gt;
When emergency operations work is necessary, the damaged utility facility may be accessed immediately and without a permit by leaving the pavement at such points as may be necessary to effect emergency repairs, provided immediate notice is given to the Missouri State Highway Patrol and the district utilities staff for the district wherein the work will be performed, and a permit for emergency operations is requested immediately upon discovery of the need for emergency operations. A permit for emergency operations work is to be obtained as soon as practical, but in no event later than two (2) working days after the emergency operations work has commenced. Emergency operations include, but are not limited to, unplanned work in response to utility facilities being so damaged as to constitute an emergency situation directly affecting or endangering traffic on the highway or public health or safety.&lt;br /&gt;
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===643.1.1.2 Third-Party Inspection===&lt;br /&gt;
When a utility owner has a large number of projects in a given area or projects involving great complexity, MoDOT reserves the right to limit the number of permits open at any given time. With approval of the district utilities staff, a utility owner may hire a third-party inspector, at their cost. The third-party inspector will allow the utility owner to increase the number of permits open at any given time. The responsibility of the third-party inspector will be to ensure the installation of the utility facility proceeds in a manner consistent with the plans approved in the permit, including all work zone requirements and conformity with MoDOT’s Standards and Specifications. The MoDOT approved third-party inspector will be listed in the permit. MoDOT may audit third-party inspections and revoke the right to use third-party inspections should the inspectors fail to perform their duties.&lt;br /&gt;
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===643.1.1.3 Abandoned Utility Facilities===&lt;br /&gt;
All utility facilities installed in Commission right of way are the property of the utility owner whether the utility facility is active or inactive. MoDOT may allow a utility facility to remain on Commission right of way whether the utility facility was abandoned for a MoDOT project or at the utility owner’s discretion. MoDOT may place requirements (such as removing inactive fiber optic cables, grouting pipes, removing valves) on the utility owner as part of the process of abandoning a utility facility. Liability for damage to Commission right of way due to an abandoned facility remains the responsibility of the utility owner. In the event MoDOT requires the removal of the abandoned utility facility, responsibility for the cost of the removal will be determined per [[#643.2.8_Cost_Responsibility|EPG 643.2.8]].&lt;br /&gt;
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==643.1.2 Definitions==&lt;br /&gt;
&#039;&#039;&#039;Bridge Attachment:&#039;&#039;&#039; A bridge attachment is any utility facility, including communication lines and electrical lines, or any other utility facility of a similar nature that is fastened to a bridge for the purpose of spanning an obstacle.&lt;br /&gt;
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&#039;&#039;&#039;Clear zone:&#039;&#039;&#039; The total roadside border area starting at the edge of the traveled way, available for safe use by errant vehicles. This area may consist of a shoulder, a recoverable slope, a non-recoverable slope, and/or the area at the toe of a non-recoverable slope available for safe use by an errant vehicle. Clear zone dimensions are provided in the current edition of American Association of State Highway Transportation Officials Roadside Design Guide.&lt;br /&gt;
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&#039;&#039;&#039;Ditch Line:&#039;&#039;&#039; A line where the roadway ditch meets the back slope. It is located at the lowest point of a V-bottom ditch or furthest point from the roadway of a flat bottom ditch where the roadway slopes back to the existing ground line.&lt;br /&gt;
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&#039;&#039;&#039;Duct:&#039;&#039;&#039; An enclosed tubular casing, or raceway, for protecting wires, lines, or cables that is often flexible or semi-rigid (1-3% diametric deflection). The casing, or raceway, is separate from the cable or conductor that passes through it.&lt;br /&gt;
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&#039;&#039;&#039;Encasement:&#039;&#039;&#039; The term encasement means the placing of an installation around and outside of an underground facility consisting of a larger conduit that permits the removal and replacement of the facility. An alternate to the conduit type encasement is reinforced concrete poured around the utility facility. Utility owners are allowed to use any types of material as a carrier and encasement for its facilities as expressly provided for in the permit issued for the installation of the utility facility.&lt;br /&gt;
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&#039;&#039;&#039;Freeway:&#039;&#039;&#039; A divided arterial highway with full control of access.&lt;br /&gt;
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&#039;&#039;&#039;Highway:&#039;&#039;&#039; Any public way for vehicular travel, including the entire area within the right of way and related facilities constructed or improved and maintained by the Missouri Highways and Transportation Commission (MHTC) acting through the Missouri Department of Transportation (MoDOT).&lt;br /&gt;
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&#039;&#039;&#039;Interchange Limits:&#039;&#039;&#039; For the uniform handling of utility installations only, the limits of an interchange are the outside ramp curve points. See [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_1_TypicalInterchangeLimits_AOD.pdf EPG Figure 643.1.1] for an example.&lt;br /&gt;
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&#039;&#039;&#039;Interstate System or Other Freeways/Expressways:&#039;&#039;&#039; Interstate highways and highways with fully controlled access.&lt;br /&gt;
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&#039;&#039;&#039;Major Routes (Interstates, Freeways/Expressways and Principal Arterials):&#039;&#039;&#039; The major highway system is all routes functionally classified as principal arterials. The principal arterial system provides for statewide or interstate movement of traffic. The major roads in Missouri total approximately 5,500 centerline miles.&lt;br /&gt;
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&#039;&#039;&#039;Minor Routes:&#039;&#039;&#039; The minor highway system is all routes functionally classified as minor arterials or collectors. These routes mainly serve local transportation needs. The minor roads in Missouri total approximately 28,400 centerline miles.&lt;br /&gt;
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&#039;&#039;&#039;Normal Right of Way Line:&#039;&#039;&#039; An imaginary line that connects sudden breaks in the major right of way points for roadways. Sight distance right of way points (triangles) at roadway intersections are not to be considered as sudden breaks for determining normal right of way.&lt;br /&gt;
[[File:fig_643.1.2-06_2026.jpg|none|700px|thumb|Figure 643.1.2 Normal Right of Way Line.]]&lt;br /&gt;
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&#039;&#039;&#039;Private Lines:&#039;&#039;&#039; Privately owned utility facilities which convey or transmit the commodities outlined in the definition of utility facility of this section but devoted exclusively to private use.&lt;br /&gt;
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&#039;&#039;&#039;Scenic Enhancement Areas:&#039;&#039;&#039; Scenic enhancement areas include areas acquired or so designated as scenic strips, overlooks, rest areas, recreation areas, and the right of way of adjacent roadways and the right of way of roadways that pass through public parks and historic sites as described under 23 USC 138.&lt;br /&gt;
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&#039;&#039;&#039;Utility Corridor:&#039;&#039;&#039; An area established for the placement of utility facilities parallel to the normal right of way line.&lt;br /&gt;
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&#039;&#039;&#039;Utility Facility:&#039;&#039;&#039; Privately, publicly, or cooperatively owned line, facility, or system for producing, transmitting, or distributing communications, cable television, power, electricity, light, heat, gas, oil, crude products, water, steam, waste, storm water not connected with highway drainage or any other similar commodity, including any fire or police signal system or street lighting system which directly or indirectly serves the public and does not include privately owned facilities devoted exclusively to private use. The term &amp;quot;utility facility&amp;quot; includes those facilities used solely by the utility owner that are a part of its operating plant.&lt;br /&gt;
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&#039;&#039;&#039;Utility Owner:&#039;&#039;&#039; The utility owner is the utility company, inclusive of any wholly owned or controlled subsidiary, or city or county which owns utility facilities. The term also includes those government agencies that lease a utility facility for its own use or otherwise dedicated solely to governmental use.&lt;br /&gt;
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&#039;&#039;&#039;Variance:&#039;&#039;&#039; A one- (1-) time deviation from the requirements for location or relocation of utility facilities on the right of way of highways in the state highway system as established in [https://www.sos.mo.gov/cmsimages/adrules/csr/current/7csr/7c10-3.pdf Title 7 Code of State Regulations 10-3], requested by the utility, and approved by a MoDOT District Design Engineer.&lt;br /&gt;
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==643.1.3 Location of Utility Facilities==&lt;br /&gt;
Utility facilities paralleling the roadway should be installed in the utility corridor except as outlined below. The utility corridor is the space for all utility owners generally within six feet (6’) of the normal right of way line. When considering if the current utility corridor is available to expand from six feet (6’) to as much as twelve feet (12’), MoDOT determines if the expansion is warranted. In making the determination, MoDOT will consider the existing utilization of the original six feet (6’) corridor. Poles must remain within two feet (2’) of the normal right of way line unless approved by a variance. The utility corridor will only be expanded beyond six feet (6’) if the original six feet (6’) corridor is fully utilized and additional space would be required to accommodate additional utility facilities. Acquisition of additional right of way to establish a twelve feet (12’) corridor is not required on highway construction projects. For depths for underground utility facilities, see [[#643.1.4.1_Minimum_Cover_for_Underground_Facilities|EPG 643.1.4.1]].&lt;br /&gt;
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Utility facilities crossing the roadway should be installed as close to ninety degrees (90°) to the centerline of the roadway as possible and based on the guidelines below depending on the type of roadway. See [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_3_TypicalUtilityCorridor-InterchangeatMajorRoute_AOD.pdf EPG Figure 643.1.3] and [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_4_TypicalUtilityCorridor-InterchangeatMinorRoute_AOD.pdf EPG Figure 643.1.4] for typical utility corridors around interchanges.&lt;br /&gt;
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===643.1.3.1 Interstate System or Other Major Freeways/Expressways===&lt;br /&gt;
The installation of all utility facilities on highways of the Interstate System or other major freeways/expressways with fully controlled access are to be installed, serviced, and maintained without entering or leaving the roadway and ramps except at points approved by MoDOT for that purpose and without parking any equipment or storing materials upon the medians, roadway and ramps, or shoulders of the roadways. Cutting or damaging the pavement or paved shoulders is not permitted. New service connections to existing parallel utility facilities are to be permitted only where an outer roadway exists and then only where access is permitted by the Commission. Careful consideration will be given to the location of guys, anchors, braces, and other supports. Generally, good design practice will provide that appurtenances be located at right of way jogs, along intersecting road right of way, or at other similar acceptable locations, so that encroachment is held to an absolute minimum.&lt;br /&gt;
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No utility facilities will be permitted within the interchange limits of an interchange between fully limited access highways where planned or existing. Utility facilities within the interchange limits of an interchange with a non-access controlled highway will be permitted only along the minor road, provided that all construction, service, and maintenance can be performed from the minor road. Manholes and poles must be located beyond the ramp termini.&lt;br /&gt;
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For structures carrying or over interstates or other major freeways/expressways, see [[#643.1.5_Bridge_Attachment_Policy|EPG 643.1.5]].&lt;br /&gt;
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====643.1.3.1.1 Utility Facilities Crossing the Interstate or Other Major Freeways/Expressways====&lt;br /&gt;
=====643.1.3.1.1.1 Overhead Crossings of the Interstate or Other Major Freeways/Expressways=====&lt;br /&gt;
Overhead crossings of utility facilities are permitted only for power transmission and distribution lines and for multiple circuit communication lines where an underground installation is not economically feasible. Supports for existing utility facilities crossing overhead may remain on the right of way provided they are near the right of way line regardless of the presence of an outer road. Supports for new overhead utility facilities crossing overhead may be located on the right of way near the right of way line where an outer roadway exists and are to be located off the right of way where no outer roadway exists. Overhead service crossings are only permitted in isolated cases for residential or commercial establishments when the denial of the crossing would require construction of more than 1,200 feet (1,200’) of utility line to provide the service. Main or distribution line crossings are required to serve a general area other than isolated cases.&lt;br /&gt;
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=====643.1.3.1.1.2 Underground Crossings of the Interstate or Other Major Freeways/Expressways=====&lt;br /&gt;
Underground crossings of utility facilities are to be continuously encased under the pavement, medians, ramps, and shoulders with the casing extending to the toe of the fill slopes or to the ditch line. In curbed sections, encasement should extend outside the outer curb of the roadways a distance equal to the depth of the encasement at the curb line. Where installed by open trench through unpaved areas, detector tape should be placed approximately one foot (1&#039;) above the encasement. Where an interstate or other major freeway has a parallel outer roadway, encasement should be continuous under all roadways within the right of way.&lt;br /&gt;
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Manholes or vent pipes are to be located at the right of way line or adjacent to the outer roadway.&lt;br /&gt;
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For fiber optic cable, encasement should extend from within six feet (6&#039;) of one right of way line to within six feet (6&#039;) of the other right of way line.&lt;br /&gt;
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Exceptions may be made for encasement as listed in [[#643.1.4.2_Exceptions_to_Encasement|EPG 643.1.4.2]].&lt;br /&gt;
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=====643.1.3.1.1.3 Parallel Installations along the Interstate or Other Major Freeways/Expressways=====&lt;br /&gt;
New parallel installations on the right of way may be permitted only where an outer roadway exists, provided that poles are within two feet (2&#039;) of the normal right of way line and underground utility facilities are within the utility corridor, and provided that the utility facility can be installed and maintained between the outer roadway and the right of way line. Existing overhead or underground utility facilities that parallel an existing roadway which will be incorporated into a completed highway as an outer roadway may remain in place if all maintenance and service can be performed from an outer roadway and the existing location does not interfere with construction, maintenance, or operation of the completed highway. If an existing parallel utility facility needs to be relocated so as to not interfere with the construction, maintenance, or operation of the completed interstate or other major freeway, poles may be located withing five feet (5’) of the right of way line.&lt;br /&gt;
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Underground utility facilities are expected to be buried within the utility corridor of sight distance triangles (SDTs) at roadway intersections unless granted a variance. Overhead utility facilities may be allowed to span intersecting roadways with SDTs provided the poles, or supports, are located outside the SDT.&lt;br /&gt;
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=====643.1.3.1.1.4 Sanitary Sewers within the Right of Way of Interstates or Other Major Freeways/Expressways=====&lt;br /&gt;
New installations of sanitary sewers should follow the applicable guidelines for either underground crossings or parallel installations as appropriate. Existing gravity trunk sanitary sewers should be considered individually and removed or left in place contingent upon its age, condition, feasibility of moving, and maintenance access. Encasement of existing trunk sewers left in place may be required for questionable condition, protection during construction, or heavy fills.&lt;br /&gt;
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Manholes should be relocated to the right of way lines or adjacent to an outer roadway.&lt;br /&gt;
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===643.1.3.2 Major Routes===&lt;br /&gt;
For structures carrying or over major routes, see [[#643.1.5_Bridge_Attachment_Policy|EPG 643.1.5]].&lt;br /&gt;
&lt;br /&gt;
====643.1.3.2.1 Major Routes with Partially Controlled Access Right of Way====&lt;br /&gt;
The installation of all utility facilities on highways with partially controlled access right of way are to be installed, serviced, and maintained without entering or leaving the roadway and ramps except at points approved by MoDOT for that purpose and without parking any equipment or storing materials upon the medians, roadway and ramps, or shoulders of the roadways. Cutting or damaging the pavement or paved shoulders is not permitted. Equipment or materials stored within the right of way must be protected by longitudinal barrier or be located outside the clear zone. New service connections to existing parallel utility facilities are to be permitted only where granted by the Commission.&lt;br /&gt;
&lt;br /&gt;
No utility facilities will be permitted within the interchange limits of an interchange between fully limited access highways where planned or existing. Utility facilities within the interchange limits of an interchange with a non-access controlled highway will be permitted only along the minor road, provided that all construction, service, and maintenance can be performed from the minor road. Manholes and poles must be located beyond the ramp termini.&lt;br /&gt;
&lt;br /&gt;
====643.1.3.2.2 Major Routes with Normal Access Right of Way====&lt;br /&gt;
All new utility facilities will be installed and maintained without cutting or damaging the pavement or paved shoulders except in the event underlying rock formations or other obstructions are encountered that prevent boring or pushing operations. A variance may be granted for pavement cuts when the need is established. Pavement cuts may only be made by permits issued when it is impractical to otherwise service and maintain the facility. The installation of all utility facilities is to be installed without parking any equipment or storing materials upon the medians, roadway and ramps, or shoulders of the roadways. Equipment or materials stored within the right of way must be protected by longitudinal barrier or be located outside the clear zone.&lt;br /&gt;
&lt;br /&gt;
====643.1.3.2.3 Utility Facilities Crossing Major Routes====&lt;br /&gt;
=====643.1.3.2.3.1 Overhead Crossings of Major Routes=====&lt;br /&gt;
Supports for utility facilities crossing overhead should be located as near the right of way line as possible. For major routes with controlled access right of way, new overhead service crossings may be permitted in isolated cases for residential or commercial establishments where the denial of such crossings would require the construction of more than 1,200 feet (1,200’) of utility line to provide the same service. For major routes with normal access right of way, there is no restriction on the placement of service crossings.&lt;br /&gt;
&lt;br /&gt;
=====643.1.3.2.3.2 Underground Crossings of Major Routes=====&lt;br /&gt;
Underground crossings of utility facilities are to be continuously encased under the pavement, medians, ramps, and shoulders with the casing extending to the toe of the fill slopes or to the ditch line. In curbed sections, encasement should extend outside the outer curb of the roadways a distance equal to the depth of the encasement at the curb line. Where installed by open trench through unpaved areas, detector tape should be placed approximately one foot (1&#039;) above the encasement. Where a major route has a parallel outer roadway, encasement should be continuous under all roadways within the right of way.&lt;br /&gt;
&lt;br /&gt;
Manholes or vent pipes are to be located at the right of way line or adjacent to the outer roadway.&lt;br /&gt;
&lt;br /&gt;
For fiber optic cable, encasement should extend from within six feet (6&#039;) of one right of way line to within six feet (6&#039;) of the other right of way line.&lt;br /&gt;
&lt;br /&gt;
Exceptions may be made for encasement as listed in [[#643.1.4.2_Exceptions_to_Encasement|EPG 643.1.4.2]].&lt;br /&gt;
&lt;br /&gt;
====643.1.3.2.4 Parallel Installations along Major Routes====&lt;br /&gt;
New parallel installations on the right of way may be permitted provided that poles are within two feet (2&#039;) of the normal right of way line and underground utility facilities are within the utility corridor. Existing overhead or underground utility facilities that parallel an existing roadway which will be incorporated into a completed highway may remain in place if all maintenance and service can be performed without entering or leaving the roadway except at approved access points; without parking equipment or storing materials on the median, pavement, ramps, or shoulders; and the existing location does not interfere with construction, maintenance, or operation of the completed highway. If an existing parallel utility facility needs to be relocated so as to not interfere with the construction, maintenance, or operation of the completed highway, poles may be located withing five feet (5’) of the right of way line.&lt;br /&gt;
&lt;br /&gt;
Existing steel pipe transmission and distribution facilities for gaseous petroleum products that parallel an existing roadway that will be incorporated into the completed roadway may be left in place subject to an agreement by the utility owner that maintenance or service and facility expansion will be performed without cutting or damaging the pavement or interfering with the construction, maintenance, and operation of the highway and provided that the facility is cathodically protected against corrosion and meets the applicable material requirements.&lt;br /&gt;
&lt;br /&gt;
Underground utility facilities are expected to be buried within the utility corridor of sight distance triangles (SDTs) at roadway intersections unless granted a variance. Overhead utility facilities may be allowed to span intersecting roadways with SDTs provided the poles, or supports, are located outside the SDT.&lt;br /&gt;
&lt;br /&gt;
====643.1.3.2.5 Sanitary Sewers within the Right of Way of Major Routes====&lt;br /&gt;
New installations of sanitary sewers should follow the applicable guidelines for either underground crossings or parallel installations as appropriate. An existing gravity trunk sanitary sewer should be considered individually and removed or left in place contingent upon its age, condition, feasibility of moving, and maintenance access. If an existing parallel gravity main is left in place within the limits of the paved surface, paved shoulder lines, or curb lines, stub mains as required will be laid between the sewer main and curb or shoulder lines for future service connections in each block. Manholes should be relocated outside the traveled roadway as near the right of way line as practical.&lt;br /&gt;
&lt;br /&gt;
===643.1.3.3 Minor Routes===&lt;br /&gt;
For structures carrying or over minor routes, see [[#643.1.5_Bridge_Attachment_Policy|EPG 643.1.5]].&lt;br /&gt;
&lt;br /&gt;
====643.1.3.3.1 Utility Facilities Crossing Minor Routes====&lt;br /&gt;
=====643.1.3.3.1.1 Overhead Crossings of Minor Routes=====&lt;br /&gt;
Existing overhead crossings that interfere with construction, maintenance, or operation should be relocated with their supports as near the right of way line as is practical. New overhead crossing installations should be located with their supports as near the right of way line as is practical.&lt;br /&gt;
&lt;br /&gt;
=====643.1.3.3.1.2 Underground Crossings of Minor Routes=====&lt;br /&gt;
All new utility facilities should be installed and maintained without cutting or damaging the pavement or paved shoulders. A variance may be granted for pavement cuts when servicing and maintaining the facility by any other methods is impractical. Pavement cuts may only be made by permits issued. Underground crossings of utility facilities are to be continuously encased under the pavement, medians, ramps, and shoulders with the casing extending to the toe of the fill slopes or to the ditch line. In curbed sections, encasement should extend outside the outer curb of the roadways a distance equal to the depth of the encasement at the curb line. Where installed by open trench through unpaved areas, detector tape should be placed approximately one foot (1&#039;) above the encasement.&lt;br /&gt;
&lt;br /&gt;
Manholes or vent pipes are to be located at the right of way line or adjacent to the outer roadway.&lt;br /&gt;
&lt;br /&gt;
For fiber optic cable, encasement should extend from within six feet (6&#039;) of one right of way line to within six feet (6&#039;) of the other right of way line.&lt;br /&gt;
&lt;br /&gt;
Exceptions may be made for encasement as listed in [[#643.1.4.2_Exceptions_to_Encasement|EPG 643.1.4.2]].&lt;br /&gt;
&lt;br /&gt;
====643.1.3.3.2 Parallel Installations along Minor Routes====&lt;br /&gt;
New parallel installations on the right of way may be permitted provided that poles are within two feet (2&#039;) of the normal right of way line and underground utility facilities are within the utility corridor. Existing overhead or underground utility facilities that parallel an existing roadway which will be incorporated into a completed highway may remain in place if all maintenance and service can be performed without entering or leaving the roadway except at approved access points; without parking equipment or storing materials on the median, pavement, ramps, or shoulders; and the existing location does not interfere with construction, maintenance, or operation of the completed highway. If an existing parallel utility facility needs to be relocated so as to not interfere with the construction, maintenance, or operation of the completed highway, poles may be located within five feet (5’) of the right of way line.&lt;br /&gt;
&lt;br /&gt;
Underground utility facilities are expected to be buried within the utility corridor of sight distance triangles (SDTs) at roadway intersections unless granted a variance. Overhead utility facilities may be allowed to span intersecting roadways with SDTs provided the poles, or supports, are located outside the SDT.&lt;br /&gt;
&lt;br /&gt;
====643.1.3.3.3 Sanitary Sewers within the Right of Way of Minor Routes====&lt;br /&gt;
New installations of sanitary sewers should follow the applicable guidelines for either underground crossings or parallel installations as appropriate. An existing gravity trunk sanitary sewer should be considered individually and removed or left in place contingent upon its age, condition, feasibility of moving, and maintenance access. If an existing parallel gravity main is left in place within the limits of the paved surface, paved shoulder lines, or curb lines, stub mains as required will be laid between the sewer main and curb or shoulder lines for future service connections in each block. Manholes should be relocated outside the traveled roadway.&lt;br /&gt;
&lt;br /&gt;
===643.1.3.4 Roundabouts===&lt;br /&gt;
Regardless of roadway type, it is desirable to avoid locating utility facilities and their access points within the circulatory roadway. If possible, utility facilities are located in the legs of the roundabout to allow for future maintenance and access at an isolated leg versus affecting the entire roundabout. See [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_5_TypicalLocationofUtilityFacilitiesnearRoundabouts_AOD.pdf EPG Figure 643.1.5] for an example.&lt;br /&gt;
&lt;br /&gt;
===643.1.3.5 Utility Facilities in Scenic Enhancement Areas===&lt;br /&gt;
All existing utility facilities within the limits of a scenic enhancement area requiring adjustment because of construction or reconstruction will be placed underground or relocated beyond the limits of the scenic enhancement area. No new above ground facilities will be permitted. New underground facilities will be permitted provided they do not extensively alter or impair the appearance of the area.&lt;br /&gt;
&lt;br /&gt;
==643.1.4 Installation of Utility Facilities==&lt;br /&gt;
The following sections provide information on the physical installation of utility facilities within highway right of way.&lt;br /&gt;
&lt;br /&gt;
===643.1.4.1 Minimum Cover for Underground Facilities===&lt;br /&gt;
The minimum cover for new underground utilities is:&lt;br /&gt;
* Forty-two inches (42”) for all water lines (parallel and crossings).&lt;br /&gt;
* Forty-two inches (42”) for fiber optic cable (crossings encased in rigid conduit).&lt;br /&gt;
* Seventy-two inches (72”) for fiber optic cable (crossings encased in polyethylene (PE) pipe).&lt;br /&gt;
* Thirty inches (30”) for direct burial and in trench fiber optic cable (parallel).&lt;br /&gt;
* Twenty-four inches (24”) for all other direct burial copper or coaxial cable, (parallel).&lt;br /&gt;
* Seventy-two inches (72”) for uncased polyethylene (PE) gas pipe crossings under ditches and roadways but thirty inches (30”) elsewhere.&lt;br /&gt;
* Thirty inches (30”) for all other (such as, but not limited to, gravity sewers, forced sewers, and electric) underground utilities (both parallel and crossing).&lt;br /&gt;
&lt;br /&gt;
===643.1.4.2 Exceptions to Encasement===&lt;br /&gt;
Exceptions may be made for encasement as follows:&lt;br /&gt;
* Non-fiber communication or electric cables installed in ducts.&lt;br /&gt;
* Welded steel pipelines carrying gaseous or liquid petroleum products - provided they are cathodically protected against corrosion, triple-coated in accordance with accepted pipeline construction standards, and meet applicable material requirements.&lt;br /&gt;
* Natural gas distribution pipe (nominal six-inch (6”) diameter maximum) of polyethylene (PE) plastic, traceable, installed by a horizontal bore method at a minimum depth of seventy-two inches (72”) under ditches and roadways, constructed in accordance with and meeting applicable material requirements.&lt;br /&gt;
* Gas service connections protected and constructed in accordance with and meeting applicable material requirements.&lt;br /&gt;
* Encasement is not required for new trunk sanitary sewer crossings of vitrified clay, reinforced concrete or cast iron except when installation procedures would produce voids in the roadbed, heavy fills, or installations under pressure.&lt;br /&gt;
&lt;br /&gt;
===643.1.4.3 Above Ground or Ground Level Appurtenances===&lt;br /&gt;
Appurtenances protruding more than four inches (4”) above the ground line should be located outside the clear zone. If no feasible alternative exists and if permitted by a variance, appurtenances may be allowed within the clear zone if they meet breakaway criteria or will be shielded by a traffic barrier. Good design practice will provide that appurtenances be located at right of way jogs, along intersecting road right of way, or at other similar acceptable locations, so that encroachment is held to an absolute minimum. Cables, wires, small diameter pipes, and other such utility appurtenances extending from the surface of the ground should be equipped with covers or guards to improve their visibility. Appurtenances within sidewalks or street level pedestrian access routes are to be in conformance with the Americans with Disabilities Act requirements.&lt;br /&gt;
&lt;br /&gt;
The maximum pull box width perpendicular to the right of way line within the utility corridor is thirty inches (30”).&lt;br /&gt;
&lt;br /&gt;
===643.1.4.4 Overhead Utility Facilities===&lt;br /&gt;
The vertical clearance of new or existing overhead installations will not be less than the current minimum requirements of the National Electric Safety Code, but in no case less than eighteen feet (18’) inclusive of sag above the groundline for electrical facilities. Clearance may be reduced for overhead installations of cable, telephone, or fiber optic facilities.&lt;br /&gt;
A minimum radial clearance of twenty-five feet (25’) is provided from any utility facility to the nearest part of any bridge structure. A minimum radial clearance of ten feet (10’) is provided from the nearest charged electrical line to a MoDOT signal, lighting, ITS, or overhead sign structure.&lt;br /&gt;
&lt;br /&gt;
===643.1.4.5 Approved Materials===&lt;br /&gt;
Utility owners are allowed to use any material for underground utility facilities including carrier and encasement provided they accept responsibility for any future repairs and/or replacement of damaged MoDOT facilities should a failure occur. This will allow the use of current technology and procedures to provide the best value to its subscribers and the taxpayers of Missouri. For materials that MoDOT also uses in its highway system, utility owners must provide materials that meet the current [https://www.modot.org/missouri-standard-specifications-highway-construction Missouri Standard Specifications for Highway Construction]. For materials not listed in the Missouri Standard Specifications for Highway Construction, the utility owner should provide documentation of the standards used to determine suitability of the material.&lt;br /&gt;
&lt;br /&gt;
===643.1.4.6 Cutting===&lt;br /&gt;
In the event permission is granted to cut an existing concrete or asphalt pavement or sidewalk, the appropriate provisions below should be followed.&lt;br /&gt;
&lt;br /&gt;
====643.1.4.6.1 Pavement====&lt;br /&gt;
All pavement cuts should be made with a saw to the full depth of the pavement. The width of the cut is typically determined by the width of the trench plus a minimum one foot (1’) on each side of the trench. In the event the distance to any adjacent longitudinal or transverse joint or crack is less than four feet (4’), the pavement must be removed to the joint or crack. Cuts for perpendicular service tie-ins should be a minimum of three feet (3’) wide. Longitudinal main installations are typically cut at a minimum of half the lane width, but in no instance should the cut be along the wheel path of the lane.&lt;br /&gt;
[[File:fig_643.1.6-06_2026.jpg|800px|none|thumb|Figure 643.1.6 Pavement Repair Dimension Requirements.]]&lt;br /&gt;
&lt;br /&gt;
The utility facilities should be placed in a location with the least impact to the roadway. Typically, this leads to placement in the shoulder when available followed by the two-way left turn lane (TWLTL), and then outside lanes before allowing placement in interior through lanes. Lane switching should be kept to a minimum and should not be used to minimize repair sizes. Cuts for mains or service leads that may not be perpendicular to the roadway should be squared-off.&lt;br /&gt;
&lt;br /&gt;
Replacement of cut pavement should be full depth concrete in accordance with the current version at the time of installation of Section 613.10 Full Depth Pavement Repairs of the Missouri Standard Specifications for Highway Construction and the Missouri Standard Plans for Highway Construction. If the area of the pavement repair is not to be fully resurfaced all joints including the overcut from the sawing operation should be filled with an expansive mortar, epoxy, polyester, or joint material as approved by the Engineer in accordance with Section 1057 of the Missouri Standard Specifications for Highway Construction.&lt;br /&gt;
&lt;br /&gt;
====643.1.4.6.2 Pedestrian Access Routes====&lt;br /&gt;
All cuts in the pedestrian access routes whether asphalt or concrete should be made by saw and be the full depth of the material. Entire slabs of concrete sidewalk should be removed. Repair of the pedestrian access route must meet Americans with Disability Act requirements, see [[:Category:642_Pedestrian_Facilities|EPG 642]]. Cuts through curb ramps or detectable warning areas are not permitted. Rather the entire curb ramp or detectable warning area must be removed and replaced. MoDOT district ADA contacts can help ensure ADA compliance of impacted pedestrian access routes.&lt;br /&gt;
&lt;br /&gt;
===643.1.4.7 Non-disturbance Areas===&lt;br /&gt;
MoDOT has certain areas of right of way where mowing, spraying, digging, or other vegetation disturbance activities are restricted. These areas have been established to mitigate the environmental impacts of a previous project and should be avoided. If the areas cannot be avoided, contact MoDOT’s Environmental Section.&lt;br /&gt;
&lt;br /&gt;
==643.1.5 Bridge Attachment Policy==&lt;br /&gt;
No utility facility will be permitted in or on a structure carrying an interstate or other freeway unless it is part of a federal requirement or for MoDOT’s use. When the structure carries any other road type and no other practical means exists for the crossing, wires (communication, electrical, fiber, or metal) will be permitted. Electrical lines must be located to cause minimum exposure to MoDOT maintenance personnel and the public. Pressurized pipelines for gas or other petroleum products and water and all sewer lines are prohibited on all structures due to the risks associated with their failure.&lt;br /&gt;
&lt;br /&gt;
===643.1.5.1 Agreement===&lt;br /&gt;
An agreement is required for all utility facilities attached to any structure. A charge will be made for the increased maintenance costs involved. This fee is set by the Bridge Division. When permitted, a 50-year occupational agreement is executed with the utility owner. Agreement BR04 Utility Attachment Agreement is used when an attachment is added to a bridge during its construction. Agreement BR09 Bridge Attachment Agreement is used when an attachment is added to an existing bridge.&lt;br /&gt;
&lt;br /&gt;
===643.1.5.2 Requests===&lt;br /&gt;
Requests to attach facilities to structures is a multi-step process. Bridge Division is responsible for approval of the bridge attachment. If at any point in the process, Bridge Division determines the attachment to be unacceptable, a reason is to be provided.&lt;br /&gt;
&lt;br /&gt;
To start, the utility owner submits a conceptual request to the district utilities staff. The conceptual request consists of an explanation of the proposal; a general location sketch (i.e., which side of the bridge); and details on the facility, length, and weight per foot when full. The district utilities staff should work with all relevant district personnel including the District Bridge Engineer in reviewing and recommending the attachment. The district utilities staff will submit the recommended details to the Bridge Division to determine the applicable costs including future maintenance costs and for attachments to new bridges, design and construction. Once the Bridge Division has determined the cost, the district utilities staff shares the cost with the utility owner for their concurrence with furthering the process. For new bridges, if the utility owner concurs with the costs, the district utility staff will prepare the BR04 Agreement for execution by the utility owner and the Commission. MoDOT will be responsible for the design and construction of attachments to new bridges. For existing bridges, the district utilities staff will forward the applicable as-built bridge plans to the utility owner for its use in designing the bridge attachment. The utility owner will provide detailed design drawings, signed and sealed by a professional engineer in the State of Missouri, to the district utilities staff for review. The district utilities staff should work with all relevant district personnel, including the District Bridge Engineer, in reviewing and recommending the details of the attachment to the Bridge Division. Once Bridge Division approves, the Bridge Division will prepare the BR09 Agreement for execution by the utility owner and the Commission. The utility owner is responsible for the construction of attachments to existing bridges. A flow chart, [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_7_BridgeAttachementProcess_AOD.pdf EPG Figure 643.1.7], of the process is available.&lt;br /&gt;
&lt;br /&gt;
Payment from the utility owner for the attachment will be sent to Financial Services by district utilities staff. For BR04 agreements, district utilities staff should discuss with Financial Services how to get the payment credited to the project constructing the attachment. For BR09 agreements, district utilities staff should copy Bridge Division on correspondence with Financial Serves. Checks should be made payable to Director of Revenue, Credit State Road Fund.&lt;br /&gt;
&lt;br /&gt;
For requests from government entities such as cities, counties, and other municipalities, the requested information should be submitted to Bridge Division as described above. However, the district utilities staff will take the lead in preparing the DE10 County Agreement or DE11 Municipal Agreement, as applicable, with input from Bridge Division and Bridge Maintenance. All fees are waived for government entities.&lt;br /&gt;
&lt;br /&gt;
===643.1.5.3 Considerations===&lt;br /&gt;
The following considerations are made in determining the acceptability of a bridge attachment. Unique situations will be discussed with the Bridge Division as required.&lt;br /&gt;
&lt;br /&gt;
====643.1.5.3.1 Bridge Asset Management Program====&lt;br /&gt;
Requests for bridge attachments should be reviewed for consistency with the district’s upcoming bridge asset management program needs. If a structure is due for rehabilitation or replacement in the near future, information should be provided to the utility owner indicating existing remaining life of the bridge. In some instances, it may be in MoDOT’s best interest to deny the request for attachment outright. In some instances, the utility owner may still choose to pursue the short-term attachment to the existing structure. In almost all cases, the utility owner is responsible for the cost of removing and/or relocating their utility facilities for a necessary repair, widening, improvement or reconstruction of the structure. Review existing agreements for cost responsibility for current attachments.&lt;br /&gt;
&lt;br /&gt;
====643.1.5.3.2 Aesthetics====&lt;br /&gt;
In reviewing a request for a bridge attachment, how the structure is viewed by the public will be considered. For example, is the structure over a scenic stream that is extensively used by canoeists, or does the structure span a road that may provide access to a park, campgrounds, or boat launching facilities? Is the structure a grade separation where the motoring public will see the attachment before they pass under it?&lt;br /&gt;
&lt;br /&gt;
====643.1.5.3.3 Method of Attachment====&lt;br /&gt;
In order to maintain structural integrity of any structures the following requirements will apply for attachments.&lt;br /&gt;
&lt;br /&gt;
=====643.1.5.3.3.1 Welding=====&lt;br /&gt;
Welding of hardware to structural steel members (i.e., flanges, webs, stiffeners, and diaphragms) whether in tension or compression is not permitted.&lt;br /&gt;
&lt;br /&gt;
=====643.1.5.3.3.2 Drilling=====&lt;br /&gt;
Drilling holes in any structural steel member is not permitted. Drilling holes for anchors into any prestressed concrete member is not permitted. Although permitted, drilling holes for anchors into the underside of bridge decks must be done with caution. It is recommended all anchors be installed to miss deck reinforcing steel. Generally, drilling into decks will not be allowed where sonotubes were used (voided slab bridges). The depth of the holes should be such that breaking out of the concrete on the top side of the deck does not occur.&lt;br /&gt;
&lt;br /&gt;
=====643.1.5.3.3.3 Corrosion=====&lt;br /&gt;
Attachment hardware will be new, properly coated to prevent corrosion or be of a non-corrosive material, and be designed to support the facility.&lt;br /&gt;
&lt;br /&gt;
====643.1.5.3.4 Location====&lt;br /&gt;
In general, attachments are made on the underneath side of the bridge deck. The condition of the bridge deck will dictate the location of the attachment supports. An exception may be attachments to trusses or other overhead structures.&lt;br /&gt;
&lt;br /&gt;
Attachments that may require manholes in bridge decks are not allowed.&lt;br /&gt;
&lt;br /&gt;
When attachments are required to structures over streams that may carry large drifts, they must be attached to the downstream side of the structure and above the lowest superstructure element. It is preferred to locate the attachment on the outside of the exterior girder. If aesthetics are a concern, a better appearance can be achieved by having the attachment made to the inside of the exterior girder and above the bottom of the lower flange to hide the conduit and the attaching hardware.&lt;br /&gt;
&lt;br /&gt;
Placement of utilities must not prevent the removal of old paint, the application of new paint on superstructure steel, or cause debris buildup, which could cause structural deterioration.&lt;br /&gt;
&lt;br /&gt;
====643.1.5.3.5 Construction and Maintenance====&lt;br /&gt;
If the attachment cannot be built while maintaining one (1) lane of traffic on the structure, it will not be allowed.&lt;br /&gt;
&lt;br /&gt;
Construction procedures that severely impact traffic may factor into the allowable location of the attachment on the structure.&lt;br /&gt;
&lt;br /&gt;
When scaffolding is to be attached or supported by bridge rails, bridge superstructure, or bridge substructure, the procedures for construction of the attachment must be reviewed.&lt;br /&gt;
&lt;br /&gt;
The utility owner or local entity will pay for, or be responsible for, the painting of the attachment, if necessary, when the bridge requires painting.&lt;br /&gt;
&lt;br /&gt;
==643.1.6 Private Lines==&lt;br /&gt;
Private lines are permitted to cross the right of way of a highway in the same manner as outlined for all utility facilities in above sections of this article. Parallel installations along the right of way of a highway are not permitted. Special conditions at a specific location that make adherence to this policy impractical will be submitted to the Chief Engineer for consideration of an acceptable alternative. In certain situations, it may be necessary to obtain approval from the Federal Highway Administration (FHWA) before approval to use the alternative can be given to the private utility owner.&lt;br /&gt;
&lt;br /&gt;
==643.1.7 Water and Sewer Separations==&lt;br /&gt;
The Missouri Department of Natural Resources (MoDNR) Safe Drinking Water Commission via 10 CSR 60-10 and Clean Water Commission via 10 CSR 20-8 govern the design of water and sewer lines in the vicinity of one another. Basic criteria are outlined below for information, and details are contained within the regulations. MoDOT is not responsible for providing or acquiring adequate right of way for utility owners to comply with MoDNR requirements.&lt;br /&gt;
&lt;br /&gt;
===643.1.7.1 Water and Sewer Separations===&lt;br /&gt;
====643.1.7.1.1 Horizontal====&lt;br /&gt;
Sanitary and storm sewers are to be laid at least ten feet (10’) horizontally measured from outside edge to outside edge from any existing or proposed water main. In cases where it is not practical to maintain ten feet (10’) of separation, installation of the water main closer to the sewer is acceptable where the water main is installed in a separate trench or on an undisturbed earth shelf located on one (1) side of the sewer at an elevation so the bottom of the water main is at least eighteen inches (18”) above the top of the sewer.&lt;br /&gt;
&lt;br /&gt;
===643.1.7.2 Crossings===&lt;br /&gt;
Water mains are to be laid to provide a minimum vertical distance of eighteen inches (18”) vertically measured outside edge to edge from sanitary or storm sewers. This is the case whether the water main is above or below the sewer. One (1) full length of water pipe must be located so both joints will be as far from the sanitary or storm sewer line as possible. Special structural support for the water main or sanitary or sewer main may be required.&lt;br /&gt;
&lt;br /&gt;
===643.1.7.3 Exception===&lt;br /&gt;
When it is impossible to obtain proper horizontal and vertical separation as stipulated, the sewer will be designed and constructed equal to water pipe and will be pressure-tested to assure it is watertight prior to backfilling.&lt;br /&gt;
&lt;br /&gt;
===643.1.7.4 Water Supply Interconnections===&lt;br /&gt;
No physical connection is permitted between a public or private potable water supply system and any sanitary or storm sewer or appurtenance that would permit the passage of any sewage or polluted water into the water supply. No water pipe is permitted to pass through or come in contact with any part of a sanitary sewer manhole.&lt;br /&gt;
&lt;br /&gt;
===643.1.7.5 Water Works Structures===&lt;br /&gt;
Sewers are not permitted to be installed within fifty feet (50’) in any direction from any existing or proposed public water supply well or other water supply sources or structures.&lt;br /&gt;
&lt;br /&gt;
==643.1.8 Variances==&lt;br /&gt;
Occasionally, it is impractical to locate a utility facility in accordance with requirements outlined in this article. MoDOT may consider a utility owner’s request for a variance from these requirements on a case-by-case basis. The utility owner should complete a [https://epg.modot.org/forms/general_files/DE/UtilityVarianceApprovalForm.docx Utility Variance Approval Form] to be submitted to MoDOT for consideration. Variances on the Interstate System require approval of the Federal Highway Administration (FHWA). A flow chart, [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_8_VarianceApprovalProcess.pdf EPG Figure 643.1.8], of the variance process is available.&lt;br /&gt;
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A variance will not be permitted just for the convenience of the utility owner. The utility owner requesting a variance must provide all necessary information to properly evaluate if a variance should be approved. For example, a utility owner requesting a variance because “the utility corridor is full” must explore all reasonable options. It is suggested that the requestor pothole the existing utility corridor to confirm the location of existing utility facilities and provide that data to support the need to locate outside of the utility corridor due to its congestion.&lt;br /&gt;
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===643.1.8.1 Variance Process===&lt;br /&gt;
Any utility owner of a public utility facility may apply for a variance. The process for requesting a variance is as follows:&lt;br /&gt;
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====643.1.8.1.1 Submittal Requirements====&lt;br /&gt;
Utility owners submit to the district utilities staff a written request for a variance using the [https://epg.modot.org/forms/general_files/DE/UtilityVarianceApprovalForm.docx Utility Variance Approval Form]. The utility owner must clearly show the provision(s) or guideline(s) for which the variance is being requested; the condition(s) which the utility owner believes warrant(s) the granting of a variance; a thorough explanation of the reason(s) for the requested variance, including sufficient and appropriate documentation of safety, aesthetic, or constructability constraints that would be adverse to the function, access, or maintenance of the utility facility and not in the best interest of the public.&lt;br /&gt;
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====643.1.8.1.2 MoDOT Consideration of Variance Request====&lt;br /&gt;
The utility owner bears full responsibility for demonstrating to MoDOT’s satisfaction that the variance is the most appropriate way to serve the public interest. MoDOT may present to the utility owner and the utility owner must consider reasonable alternatives to the variance requested by the utility owner. In determining whether to grant a variance, district utilities staff will consider all relevant factors including, but not limited to: the requested variance is reasonably necessary for the convenience, safety, health, and/or welfare of the public; there is an exceptional or undue burden or hardship on the specific applicant; a physical impracticability that would result from the applicant’s adherence to the normal location requirements; and the requested variance will not impair the safe construction, maintenance, operation, and safety of public travel on the highway. District utilities staff may consult with the Design Liaison Engineer in evaluating variances.&lt;br /&gt;
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====643.1.8.1.3 Approval of Variances====&lt;br /&gt;
Once district utilities staff have agreed to accept a variance proposed by the utility owner, the [https://epg.modot.org/forms/general_files/DE/UtilityVarianceApprovalForm.docx Utility Variance Approval Form] and all supporting documentation is sent to the District Design Engineer (DDE) for approval. If a variance is on interstate right of way, the DDE-signed Variance Request Form and all supporting documentation is forwarded to the Design Liaison Engineer who will forward to FHWA for their concurrence.&lt;br /&gt;
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====643.1.8.1.4 Variance Appeal Informal Hearing====&lt;br /&gt;
If denied a variance, the utility owner has thirty (30) calendar days to request an informal hearing for the purpose of appealing the denial. Requests must be made in writing to the State Design Engineer, Missouri Department of Transportation, P.O. Box 270, Jefferson City, MO 65102. If the utility owner requests an informal hearing, MoDOT’s authorized representative will advise the applicant of the time, date, and place of the hearing. The hearing is not a contested case under RSMo 536. The rules of evidence will not apply at the hearing, and MoDOT’s decision after the conduct of the hearing is not subject to further appeal.&lt;br /&gt;
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==643.1.9 Excess Right of Way==&lt;br /&gt;
Prior to conveyance of excess right of way, the status of utility facilities within said parcel must be addressed. See [[236.5_Property_Management#236.5.12_Excess_Land_Conveyances_&amp;amp;_Relinquishments_–_Regulated_Utilities|EPG 236.5.12]].&lt;br /&gt;
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==643.1.10 Broadband==&lt;br /&gt;
Broadband development in the state of Missouri is handled by the Department of Economic Development (DED). MoDOT shares its approved Statewide Transportation Improvement Program (STIP) project list with DED. All MoDOT policies related to placement of utility facilities within Commission right of way as outlined in this EPG 643.1 are to be followed.&lt;br /&gt;
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&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643.2 Utilities in Program Delivery &#039;&#039;PAGE TITLE&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt; &lt;br /&gt;
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==643.2.1 Introduction==&lt;br /&gt;
Improvements to the highway system often require negotiation between the Commission and a city, a county, or a public or private utility owner. The Commission’s district utilities staff is responsible for coordination of highway improvement projects with the utility owner’s representative. The impact to a utility, the responsibility for the cost of adjustments necessary to allow highway construction, the plan of adjustment of the utility, the responsibility of performance of work on utility facilities, and the schedule of the utility adjustment are all items that vary depending on the project and should be investigated and negotiated to ensure highway improvement projects are delivered on-time and on-budget. These should comply with Commission policy. A [https://epg.modot.org/forms/general_files/DE/flowchart.pdf flowchart] outlining all the utility adjustment processes (reimbursable and non-reimbursable relocations, Master Reimbursable Utility Agreements and Project Specific Agreements, etc.) are available in the list of figures at the top of the page. These processes will not always be in combination, but each should be considered with each project.&lt;br /&gt;
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The district utilities staff, in conjunction with the Transportation Project Manager (TPM), is expected to invite and encourage participation of utility owner representatives in MoDOT project meetings as needed.&lt;br /&gt;
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When a project involves utility adjustments for which the Commission is responsible for costs, the TPM should program the costs of the utility adjustments as non-contractual construction costs in the STIP Information Management System (SIMS).&lt;br /&gt;
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==643.2.2 Annual Utility Meeting==&lt;br /&gt;
Each district should hold an annual meeting with utilities to discuss current STIP projects in the district. The annual meeting should be held during each year&#039;s STIP preparations, ideally between January and May. All utility owners that have utility facilities in the district should be invited. The intent is to provide the utility owners with an idea of upcoming projects to allow them the opportunity to plan and budget for potential adjustments of their utility facilities, identify both MoDOT and utility roadblocks, and develop action plans to complete utility adjustments better, faster, and cheaper.&lt;br /&gt;
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==643.2.3 Determination of Existing Utilities==&lt;br /&gt;
District utilities staff should determine the appropriate level of effort needed to accurately identify existing utilities within the footprint of a proposed highway construction project. Aboveground utilities are easily identifiable via field checks; however, determination of the precise location of underground utilities can be more challenging and time consuming. Therefore, the district utilities staff should balance the risk of conflict with the highway construction project against the level of effort needed to determine the location.&lt;br /&gt;
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The level of effort on mapping utilities is dependent on the scope of the project and the potential for utilities having an impact on the construction of the project. The project schedule should include the time to complete this task accurately. The time and effort necessary for having accurate locates requires close interaction with the utility locators. Early contact with utility owner representatives may be necessary to accurately locate underground utility facilities.&lt;br /&gt;
&lt;br /&gt;
Various methods of determining existing underground utilities result in different levels of quality. ASCE Standard 38 Standard Guidance for Investigating and Documenting Existing Utilities classifies four levels of quality:&lt;br /&gt;
:1. Quality Level D: QL-D is the most basic level of information for utility locations. It comes solely from existing utility records or verbal recollections, both typically unreliable sources. It may provide an overall &amp;quot;feel&amp;quot; for the congestion of utilities but is often highly limited in terms of comprehensiveness and accuracy. QL-D is useful primarily for project planning and route selection activities.&amp;lt;br&amp;gt;&lt;br /&gt;
: ● Missouri 811 or “private-locate” markings are to be considered to be QL-D.&lt;br /&gt;
:2. Quality Level C: QL-C is probably the most used level of information. It involves surveying visible utility facilities (e.g., manholes, valve boxes, etc.) and correlating this information with existing utility records (QL-D information). When using this information, it is not unusual to find that many underground utilities have been either omitted or erroneously plotted. Therefore, its usefulness is primarily on rural projects where utilities are not prevalent or are not too expensive to repair or relocate.&lt;br /&gt;
:3. Quality Level B: QL-B involves the application of appropriate surface geophysical methods to determine the existence and horizontal position of virtually all utilities within the project limits. This activity is called &amp;quot;designating&amp;quot;. The information obtained in this manner is surveyed to project control. It addresses problems caused by inaccurate utility records, abandoned or unrecorded utility facilities, and lost references. The proper selection and application of surface geophysical techniques for achieving QL-B data is critical. Information provided by QL-B can enable the accomplishment of preliminary engineering goals. Decisions regarding location of storm drainage systems, footers, foundations, and other design features can be made to avoid conflicts with existing utilities. Slight adjustments in design can produce substantial cost savings by eliminating utility relocations.&lt;br /&gt;
:4. Quality Level A: QL-A, also known as &amp;quot;locating or potholing&amp;quot;, is the highest level of accuracy presently available and involves the full use of the subsurface utility engineering services. It provides information for the precise plan and profile mapping of underground utilities through the nondestructive exposure of underground utilities, and provides the type, size, condition, material, and other characteristics of underground features.&lt;br /&gt;
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For projects with scopes that have potential for utility conflicts, the minimum level of effort required is SUE Quality Level D. Locations of existing utilities are determined by requesting locates through Missouri 811, also known as the “One-Call” process. Missouri 811 locating requests should be carefully considered for the scope of work of the project. When necessary, the location of existing utilities should be established by a field survey of locate markings and features and shown on the roadway plans. Higher level SUE Quality Levels can be used on any project. Adjustment cost savings, whether to the MoDOT or to the utility owner, are beneficial to the taxpayer. Good SUE projects are typically urban in nature, or in congested areas, where the project footprint is to be minimized, or anytime accurate vertical and horizontal location of the utility facility might allow a design to avoid the utility facility thus preventing the need for the adjustment. The SUE process combines civil engineering, surveying, and geophysics. It utilizes several technologies, including vacuum excavation and surface geophysics.&lt;br /&gt;
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When proposed excavation or installation of subsurface features (drainage, equipment bases, etc.) falls within three feet (3’) of a marked Missouri 811 line, soft digging (hand digging, potholing, vacuum methods, pressurized air/water jetting, pneumatic hand tools, etc.) is required to more exactly locate the utility facility both horizontally and vertically. Utility facilities present within the right of way by permit, should be investigated by the utility owner. Utility facilities that would be reimbursable or partially reimbursable as defined in EP 643.2.8 will be investigated by MoDOT.&lt;br /&gt;
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==643.2.4 Conflict Determination==&lt;br /&gt;
Determination of whether a conflict exists between an existing utility facility and a proposed highway improvement project should occur at the earliest possible stage of project development. A conflict may be the result of the physical interaction between the roadway infrastructure and utility facility, a reduction in cover or increase in fill over underground utilities, a reduction in horizontal clearance whether above or below ground, a reduction in overhead vertical clearance, paving over utilities, or restricting a utility owner’s access to its utility facilities. District utilities staff should work with utilities to determine if a conflict exists and the appropriate plan of adjustment to remedy the conflict. The adjustment to the utility may be a relocation or another measure that protects the utility or access to the utility from the proposed highway improvement project. Determination of a conflict needs to be continually re-evaluated as the project design progresses. Continuing coordination is essential.&lt;br /&gt;
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==643.2.5 Utility Plan of Adjustment==&lt;br /&gt;
===643.2.5.1 Request for Plan of Adjustment===&lt;br /&gt;
District utilities staff will request a plan of adjustment from utility owners whose utility facilities are in conflict with a proposed highway project. The plan of adjustment may consist of efforts to relocate the utility or otherwise protect a utility from the impacts of the proposed highway project. Utilities are shown on the roadway plan and profiles sheets that are furnished to utility owners for use in planning required utility adjustments. Any other sheets such as drainage, traffic signal, lighting, or ITS plans that show impacts to a utility facility should also be provided to the utility owners. All adjustments, reimbursable or not, require a plan of adjustment furnished by the utility owner.&lt;br /&gt;
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A transmittal letter is included in the request for a plan of adjustment. The letter informs the utility owner that regardless of whether an adjustment is reimbursable, no physical adjusting or relocating of their utility facilities to accommodate the proposed highway improvement is to be performed without specific approval and authorization. Additionally, if any part of the adjustment has the potential to be reimbursable, they are advised:&lt;br /&gt;
# They may undertake preliminary engineering by their own forces upon approval by district utilities staff of the estimated costs of preliminary engineering.&lt;br /&gt;
# They may employ a consultant to do the PE work provided they request and obtain prior approval. See [[#643.2.6_Preliminary_Engineering_Requirements|EPG 643.2.6 Preliminary Engineering Requirements]].&lt;br /&gt;
# Any preliminary engineering costs accrued prior to the date of written authorization to proceed will not qualify for reimbursement.&lt;br /&gt;
# Replacement right of way or easements cannot be purchased without specific approval and authorization.&lt;br /&gt;
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===643.2.5.2 Proposed Plan of Adjustment===&lt;br /&gt;
Developing a plan of adjustment is a multi-step process. The utility owner will propose a conceptual approach to adjusting the utility facilities to allow highway construction. This conceptual approach is used as the basis for determining cost responsibility, estimate of costs for preliminary engineering and construction, developing the agreement if necessary, and final design of the adjustment. Negotiations between district utility staff and the utility owner’s representative can result in changes to the design throughout the process.&lt;br /&gt;
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Final plans of adjustment must contain a legend on the first sheet identifying the utility symbols used. They must also show the existing utility facilities and their disposition, the location of the new or adjusted utility facilities, the existing and new right of way lines, the limited or fully controlled access symbols (where applicable), the existing and proposed roadways, ramps, and outer roadways and any other pertinent roadway information. They must contain sufficient details concerning location, elevation, compaction, clean up, etc. to provide for the proper adjustment of the utility facility. Relocated and/or existing utility facilities that will remain in place must be dimensioned or indicated in a manner to show their location in respect to the right of way lines. It is preferred that the utility owner transmits the plan of adjustment by electronic deliverables in a format that can be incorporated into the roadway plans. This will reduce the time and effort necessary as well as increase the accuracy of transferring this information into the roadway plans.&lt;br /&gt;
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Plans of adjustment received from the utility owner are to be checked for compliance with MoDOT’s requirements ([[#643.1_Utilities_Location|EPG 643.1 Utility Location]]) by the district utilities staff. They are also checked to ensure compatibility with the roadway design. Any continuing conflicts are resolved through negotiations with the utility owner.&lt;br /&gt;
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Occasionally, it is impractical to perform a utility adjustment in accordance with MoDOT’s requirements. Sometimes the utility may request approval of a plan of adjustment that does not conform to these requirements. Deviation from MoDOT’s utility requirements is a variance. Refer to [[#643.1.8_Variances|643.1.8 Variance Process]] for additional guidance.&lt;br /&gt;
The final plan of adjustment is included as Exhibit “A” to the agreement ([[#643.2.12_Utility_Agreements|EPG 643.2.12 Agreements]]).&lt;br /&gt;
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==643.2.6 Preliminary Engineering Requirements==&lt;br /&gt;
Preliminary engineering (PE) can be performed one of four ways for utility adjustments:&lt;br /&gt;
# The utility owner can use its own engineering forces.&lt;br /&gt;
# MoDOT can select an engineering consultant, after consultation with the utility owner, and the consultant contract will be administered by MoDOT.&lt;br /&gt;
# The utility owner can select an engineering consultant, with approval by MoDOT, and the consultant contract will be administered by the utility owner.&lt;br /&gt;
# If a utility adjustment is being included in a MoDOT administered construction contract, the preliminary engineering of the adjustment can be provided by MoDOT.&lt;br /&gt;
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For reimbursable utility adjustments, the amount paid to engineers, architects, and others for required engineering and allied services can be included in reimbursement amount provided such amounts are not based on a percentage of the costs of the necessary adjustments to allow highway construction. Reimbursement is available for contracts executed after solicitation of a consultant for the specific adjustment or existing continuing contracts when it is demonstrated that such work is performed regularly for the utility owner in its own work and that the costs are reasonable.&lt;br /&gt;
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A [https://epg.modot.org/forms/general_files/DE/UtilityConsultantContractChecklist.docx checklist is available for reviewing consultant-engineering contracts] to ensure the contract conforms to MoDOT policy and complies with applicable federal regulations. District utilities staff should use the checklist to review contracts and may consult with Audits and Investigations Division as necessary. The procedures in 23 CFR part 172, Administration of Engineering and Design Related Service Contracts may be used as a guide for reviewing proposed consultant contracts. [[:LPA:136.4_Consultant_Selection_and_Consultant_Contract_Management|EPG 136.4 Consultant Selection and Consultant Contract Management]] may also be used as a guide.&lt;br /&gt;
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===643.2.6.1 Solicited Consultant Contracts===&lt;br /&gt;
If solicitation of PE services is required for reimbursable utility adjustments, the utility owner must provide the following documents and information to district utilities staff. These documents need to be provided as soon as the utility owner has chosen to solicit a consultant. Document 1 must be supplied by all utility owners. Documents 2 and 3 are only required when the utility owner is a local government agency who is also a political subdivision of the state of Missouri (e.g., city-owned utilities, county-owned utilities). All other utility owners are encouraged, but not required, to provide Documents 2 and 3:&lt;br /&gt;
# A statement that the utility owner is not staffed or able to perform the required PE services with its own forces.&lt;br /&gt;
# Provide the names of at least three (3) consultants considered.&lt;br /&gt;
# The criteria used to evaluate each consultant and reasons why the selected consultant was selected.&lt;br /&gt;
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The following documents need to be provided as soon as the utility owner has successfully negotiated and entered into a contract with the consultant:&lt;br /&gt;
# The name and address of the selected consultant.&lt;br /&gt;
# A statement that the &amp;quot;[https://epg.modot.org/forms/general_files/DE/CertificationOfConsultant.docx Certification of Consultant]&amp;quot; will be furnished immediately upon award of the contract to the consultant.&lt;br /&gt;
# One executed copy of the proposed engineering contract or agreement between the utility owner and consultant, only if the engineering will exceed $5,000.00.&lt;br /&gt;
# The consultant&#039;s fixed (lump sum) or estimated fee (actual cost) and the contract maximum.&lt;br /&gt;
# A cost summary providing a detailed breakdown of the basis for the consultant&#039;s compensation, including estimated labor hours, hourly rates for each classification, overhead rate (if used), the amount of profit charged, and any other estimated charges such as travel expenses, equipment rentals, etc. If an overhead rate is used, the consultant must also submit the supporting overhead rate calculations.&lt;br /&gt;
# An independent cost estimate of engineering services provided by the utility owner to use in comparison to the consultant’s proposed engineering services to check for cost reasonableness.&lt;br /&gt;
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===643.2.6.2 Continuing Consultant Contracts===&lt;br /&gt;
When a utility owner chooses to use an existing continuing contract for PE services, the utility owner must provide the following documents and information to the district utilities staff as soon as possible.&lt;br /&gt;
# A statement that the utility owner is not staffed or able to perform the engineering with its own forces.&lt;br /&gt;
# The name and address of the consultant under the existing continuing contract.&lt;br /&gt;
# A statement that the &amp;quot;[https://epg.modot.org/forms/general_files/DE/CertificationOfConsultant.docx Certification of Consultant]&amp;quot; will be furnished.&lt;br /&gt;
# A copy of the continuing contract to the district utilities staff. The district utilities staff will review the contract for reasonableness of cost.&lt;br /&gt;
# The consultant&#039;s fixed (lump sum) or estimated fee (actual cost) and the contract maximum for the work associated with the utility adjustment.&lt;br /&gt;
# A cost summary providing a detailed breakdown of the basis for the consultant&#039;s compensation, including estimated labor hours, hourly rates for each classification, overhead rate (if used), the amount of profit charged, and any other estimated charges such as travel expenses, telephone, etc. If an overhead rate is used, the consultant must also submit the supporting overhead rate calculations.&lt;br /&gt;
# An independent cost estimate of engineering services provided by the utility owner to use in comparison to the consultant’s proposed engineering services to check for cost reasonableness.&lt;br /&gt;
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===643.2.6.3 Consultant Contract Changes===&lt;br /&gt;
If a PE services contract between a utility owner and a consultant needs to be revised, a copy of the revised contract, fee, and schedule should be submitted by the utility owner to the district utilities staff prior to allowing for contract changes. District utilities staff should review the contract changes to ensure the revised contract conforms to MoDOT policy and complies with applicable federal regulations.&lt;br /&gt;
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==643.2.7 Environmental and Right of Way==&lt;br /&gt;
===643.2.7.1 Utilities and Environmental Clearances===&lt;br /&gt;
District utilities staff should coordinate with the TPM and utility owner’s representative to understand and communicate on known environmental and cultural constraints that could impact a utility owner’s plan of adjustment. This will allow the utility owner to consider permitting timelines and alternatives that avoid environmental or cultural resources to keep the project on schedule.&lt;br /&gt;
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One strategy to make project delivery more efficient and ensure regulatory compliance is for MoDOT to obtain the environmental and cultural resource permits and clearances for the utility owners associated with a roadway improvement while obtaining its own. This would generally only be for the permits and regulatory clearances MoDOT already needs to pursue as a part of the transportation improvement.&lt;br /&gt;
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District utilities staff should coordinate with the utility owner’s representative early in the project timeline to determine if it is in the best interest of both MoDOT and the utility owner to obtain permits and environmental clearances jointly. The following strategies can be utilized to determine if a joint approach to environmental work should be pursued:&lt;br /&gt;
* If utility facilities are moving to a location within or immediately adjacent to MoDOT right of way, a utility owner may be invited to participate in permitting and environmental compliance activities.&lt;br /&gt;
* If utilities move to a location not within or adjacent to MoDOT right of way, the utility company would not normally be invited to participate in permit applications and environmental compliance activities. However, some unique projects may necessitate further attention and should be discussed with the Design Liaison Engineer.&lt;br /&gt;
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If MoDOT and the utility owner agree to obtain joint permits and clearances, written communication between the utility owner’s representative and the district utilities staff should document the following items:&lt;br /&gt;
* List of the permits and clearances that MoDOT will acquire on behalf of the utility owner.&lt;br /&gt;
* List of the information needed from the utility owner in order for MoDOT to acquire the permits and clearances.&lt;br /&gt;
* Schedule and deadlines for submittal of the information by the utility owner. For example: utility plans, fill quantities, construction methods, dates, or seasons of construction.&lt;br /&gt;
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Permits and clearances that may be needed by both a utility owner and MoDOT include:&lt;br /&gt;
* [[127.7_Threatened_and_Endangered_Species|Endangered Species Act consultation and clearance]]&lt;br /&gt;
* [[127.2_Historic_Preservation_and_Cultural_Resources#127.2.1.1_Historic_Preservation_Regulations_and_Laws|Section 106 of the National Historic Preservation Act clearance]]&lt;br /&gt;
* [[127.10_Section_4(f)_Public_Lands|Section 4(f) clearance]]&lt;br /&gt;
* [[127.10_Section_4(f)_Public_Lands#127.10.1.4_Section_6(f)_Laws_and_Regulations|Section 6(f) of the Land and Water Conservation Fund Act clearance]]&lt;br /&gt;
* [[127.4_Wetlands_and_Streams|Section 401 and Section 404 of the Clean Water Act permits]]&lt;br /&gt;
* [[:Category:806_Pollution,_Erosion_and_Sediment_Control#806.1_Introduction_(see_Sec._806)|Section 402 of the Clean Water Act permit (State Operating Permit for Erosion Control)]]&lt;br /&gt;
* [[127.8_Hazardous_and_Solid_Waste|Recommendations on contaminated soil disposition]]&lt;br /&gt;
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===643.2.7.2 Right of Way Acquisition and Utilities===&lt;br /&gt;
The Commission is obligated to acquire the width of right of way required by the design of the highway improvement. For utility facilities currently located within the Commission’s right of way, this includes the necessary space for the utility facilities impacted by the design of the highway improvement. Either additional right of way width to accommodate a utility corridor or a utility easement can be obtained for the relocation of utility facilities. When drainage easements are acquired along a channel, additional space for utility facilities should be considered to avoid conflicts between the utility facility and the bridge or culvert.&lt;br /&gt;
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District utilities staff should inform the utility owner’s representative of the potential of a conflict between an existing utility facility and a proposed highway construction project early in the project development process to allow sufficient time for the utility owner to prepare a plan of adjustment and notify the district utilities staff of any easement needs. When utility facilities are located on a utility owner’s private easement, the utility owner may obtain its own new easements. If the utility owner is not in a position to negotiate for new easements or if the utility owner’s policies will not permit it to condemn property to obtain the easement, MoDOT can acquire the easement in the same manner roadway right of way is obtained. The district utilities staff should verify the utility owner is aware of the opportunity to have MoDOT acquire the easement, and the utility owner should provide written documentation on whether the utility owner would like to pursue this option with MoDOT.&lt;br /&gt;
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For situations where the utility owner will obtain its own replacement right of way and the cost of the adjustment is MoDOT’s responsibility, the utility right of way cost should be reviewed by the district right of way department to ensure the cost is reasonable and acquisition followed state and federal regulations. In order to expedite utility adjustments necessary to allow highway construction, the district utility staff may authorize the utility owner to obtain easements prior to all details of a plan of adjustment being developed. In this situation, the district utilities staff should ensure enough details are known to justify the needed right of way, and an agreement for right of way costs only should be executed with the utility owner.&lt;br /&gt;
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For situations where MoDOT will obtain the right of way necessary to allow highway construction, district utility staff should negotiate with the utility owner’s representative to ensure all necessary utility easements are shown on the approved right of way plans. The TPM should confirm with district utilities staff that the right of way plans accurately reflect the needs of the utility owners prior to requesting right of way plan approval. The district Right of Way Manager should confirm with district utilities staff before requesting an acquisition date (A-date). Every effort should be made to avoid adding utility easement requests once negotiations with property owners have begun.&lt;br /&gt;
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Occasionally, when negotiations cannot be completed for easements for the adjustment of utility facilities, it may be necessary to condemn for the property. District utilities staff should coordinate with the utility owner’s representative to ensure no alternate design for the adjustment of the utility facility is practical. The decision to condemn for easements for the adjustment of the utility facilities requires the exercise of good judgment in reaching the conclusion that further good faith negotiations are futile and condemnation is necessary to maintain the project in the scheduled letting. The TPM should coordinate with the district utilities staff and district Right of Way (RW) personnel on the condemnation proceedings.&lt;br /&gt;
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Easement and other right of way documents used with utility owners are handled in accordance with procedures established jointly with RW and district utilities staff. District survey staff prepare the land descriptions for use in utility easements. The district utilities staff is responsible for completion of the easements in the correct form and scope. A sketch delineating the area described is attached to the easement as Exhibit “A”. Communication with the Design Division will ensure use of proper forms, corporate names and locations, and particular wording required for joint ownerships. The description for a utility easement is to be referenced to the nearest land corner shown on the plans. Examples of easements can be found in the template list in [https://netprod3.dot.missouri/eAgreements/Search/QuickSearch eAgreements].&lt;br /&gt;
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In situations where MoDOT is acquiring right of way with existing utility easements, but the district utilities staff and the utility owner’s representative agree that the utility facility may remain in place, the utility owner will release the property to the Commission separate from the right of way acquisition. This is done by executing an Easement for Highway Construction (UT16). The utility owner grants and conveys, with warranty of title expressed or implied, to the Commission, the right to construct, reconstruct, and maintain a highway over and across that portion of the easement owned and held by the utility owner. In the future, the utility owner retains any reimbursable rights should future projects require adjustments to allow highway construction.&lt;br /&gt;
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==643.2.8 Cost Responsibility==&lt;br /&gt;
In addition to determining if a conflict exists between an existing utility facility and a highway improvement project, it is important to determine who is responsible for the costs of the necessary adjustments to allow highway construction. An adjustment for which the Commission is responsible for the costs is known as a reimbursable adjustment. An adjustment for which the Commission is not responsible for the costs is known as a non-reimbursable adjustment. An adjustment for which the Commission and the utility share responsibility for costs is known as a partially reimbursable adjustment. Adjustments determined to be reimbursable or partially reimbursable by the Commission are to be completed under the terms of an agreement executed between the utility owner and the Commission.&lt;br /&gt;
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===643.2.8.1 Commission Responsibility===&lt;br /&gt;
====643.2.8.1.1 Utility Facilities Located on Private Easements====&lt;br /&gt;
When the utility facility is located on a private easement within the new right of way to be acquired for a future project, the Commission is responsible for the cost of the necessary adjustments to allow highway construction. It may be possible that such easement does not have written easement rights. The Commission will honor this oral right provided acceptable documentation is provided by the utility owner to the district utilities staff. An [https://epg.modot.org/forms/general_files/DE/NonwrittenEasementRights_Example.docx example of acceptable documentation for not written easement rights] is available. Other forms of documentation will be considered on an individual basis.&lt;br /&gt;
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=====643.2.8.1.1.1 Future Moves=====&lt;br /&gt;
When the utility facility is located on a private easement, taken into the Commission’s right of way, the Commission may agree that any future moves of the same utility by Commission order may be made at the Commission’s cost. Documentation of this agreement is by an Easement for Highway Construction (UT16) agreement. If the Commission provides a substitute private easement, then the Commission will have future obligations consistent with the utility facility’s status in an easement.&lt;br /&gt;
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====643.2.8.1.2 Utility Facilities Located within Commission Right of Way====&lt;br /&gt;
When the utility facility is located within Commission right of way, but has prior land rights, the Commission is responsible for the cost of adjustments to allow highway construction. The utility owner is responsible for documenting to the satisfaction of the district utilities staff, the basis for the claim of prior land rights within Commission right of way. Time spent researching prior rights is considered coordination and is reimbursable.&lt;br /&gt;
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====643.2.8.1.3 City or County Utility Facilities on City or County Streets====&lt;br /&gt;
When roadway improvements are within the corporate limits of cities, towns, and villages, a municipal agreement is negotiated between the Commission and the municipality. Likewise, when roadway improvements are within the limits of a county and outside the municipal limits, a county agreement is negotiated between the Commission and the County Commission. Included in these agreements are provisions regarding reimbursement for adjusting city or county owned utility facilities. Reimbursement is provided for adjustment of city or county owned utility facilities that are now located on city or county streets and not on Commission right of way.&lt;br /&gt;
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====643.2.8.1.4 Lumen====&lt;br /&gt;
Lumen – National (formerly CenturyLink, Lightcore, or Digital Telephone, Inc. (DTI)) and the Commission have entered into a partnership agreement, “Amended and Restated Fiber Optic Cable on Freeways in Missouri,” executed June 5, 2003 which obligates the Commission to be responsible for the cost of the necessary adjustments to allow highway construction along the routes identified in the agreement. A copy of the agreement is available to district utilities staff.&lt;br /&gt;
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====643.2.8.1.5 Services to the Commission====&lt;br /&gt;
When a utility facility provides a service connection to local Commission facilities such as power to traffic signals, lighting, ITS, and cathodic protection and phone drops to traffic signal controllers or other Commission facilities, the Commission is responsible for the cost of the necessary adjustments to allow highway construction.&lt;br /&gt;
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====643.2.8.1.6 Private Service Lines====&lt;br /&gt;
While most utility owners reconnect the private service lines at no cost to the property owner, some do not. If a utility owner does not reconnect service lines, MoDOT can include adjustment of private service lines in roadway contracts. Bid items for relocating service connections are provided for the different types of anticipated adjustments.&lt;br /&gt;
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====643.2.8.1.7 Second Moves====&lt;br /&gt;
If the Commission requires additional work to a utility facility after the facility has been relocated or adjusted in accordance with a plan of adjustment approved by the Commission for a single project number, the Commission is responsible for the cost of the additional work regardless of whether the initial adjustment was Commission responsibility as outlined in other parts of [[#643.2.8.1_Commission_Responsibility|643.2.8.1]].&lt;br /&gt;
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The purpose of the policy is to encourage utilities to relocate early rather than waiting until plans are published for bidding. The policy eliminates the utility having to relocate twice at its own expense because of late changes in the design. It is best to have utilities relocated prior to construction, and this policy helps achieve that goal. Therefore, it is imperative that the designer notifies district utilities staff as soon as possible of any changes made after these plans have been sent. If notified immediately, it may be possible to inform the utility owner prior to their final design thereby eliminating a second move.&lt;br /&gt;
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Under this policy, the following are not considered second moves. Temporary and staged relocations necessary to accommodate construction and agreed upon by the utility and the Commission prior to relocation are considered a single move and are not subject to the provisions of the second move policy. If the Commission requires adjustment of a utility facility for which the utility owner is responsible for the cost of the adjustment and was originally determined to not need adjustment, the utility owner is responsible for the cost of the adjustment. The utility owner is responsible for the cost of additional work to any portion of the utility facility after the utility facility has been adjusted in accordance with a plan of adjustment approved by the Commission if the additional work is required by the Commission due to error by the utility owner in preparation of plan of adjustment, field location of, or construction of the adjustment of the utility facility.&lt;br /&gt;
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When evaluating construction contract changes by change order or value engineering, the impacts of the second move policy should be considered.&lt;br /&gt;
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===643.2.8.2 Utility Owner Responsibility===&lt;br /&gt;
====643.2.8.2.1 Utility Facilities Owned and Operated by a Political Subdivision====&lt;br /&gt;
When a utility facility is located within Commission right of way, but does not have prior land rights, the utility owner is responsible for the cost of the necessary adjustments to allow highway construction. When a utility facility is located on public right of way other than Commission right of way, the utility owner is responsible for the cost of the necessary adjustments to allow highway construction.&lt;br /&gt;
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When a political subdivision must bear part or all the cost of adjustments to their utility facilities, and the cost creates a financial hardship, the Commission, by its authorized representative, the Chief Engineer, may temporarily assume these costs. A payback agreement with the political subdivision will include an applicable interest rate for a comparable maturity from a widely published index of tax-exempt municipal rates obtained from Financial Services. Payback time will not exceed five (5) years.&lt;br /&gt;
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====643.2.8.2.2 Utility Facilities Other Than Those Owned by a Political Subdivision====&lt;br /&gt;
When a utility facility is on the right of way of a public road or street or on state highway right of way without prior land rights and adjustment is necessary to allow for the construction of a roadway improvement, the utility owner is responsible for the cost of the necessary adjustments to allow highway construction.&lt;br /&gt;
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===643.2.8.3 Shared Responsibility===&lt;br /&gt;
When a utility facility is located such that portions of it are a Commission responsibility and portions of it are a utility owner responsibility by the definitions above, the costs of the necessary adjustments to allow highway construction will be split by the Commission and the utility owner. If the exact cost for each party can be determined, each party will be responsible for their portion of the cost of relocating the utility facility. If the exact cost for each party cannot be determined, the parties will arrive at a percentage reimbursement on an equitable basis.&lt;br /&gt;
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===643.2.8.4 Notice of Hearing===&lt;br /&gt;
When relocation or other difficulties with utility facilities on public right of way arise that prevent resolution by negotiation, formal hearings will be required.&lt;br /&gt;
&lt;br /&gt;
The district initiates a request for a utility relocation hearing with a letter to the Chief Counsel’s Office (CCO) (a copy is provided to the Design Division) requesting a hearing date. CCO will arrange for a hearing room, court reporter, etc. and advise the district of the hearing date.&lt;br /&gt;
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The district will prepare the notice of hearing by strictly following the given format and serve the notice on all persons and utility owners listed. The property and utility owner must be served only by personal service or by mailing a certified letter, return receipt requested, no later than 15 days before the date of hearing. This will require the district to make every effort to identify the correct property owner before preparing the notice of hearing. To avoid delays, every attempt will be made to issue the hearing notice at least 30 days prior to the hearing date in case any property has changed ownership and any additional property owners must be served. A notice of hearing on service line connections will also be served on the private or public owner of the main or distribution line to which the service lines are connected. A notarized &amp;quot;[https://epg.modot.org/forms/general_files/DE/ReportOnPersonalService.docx Report of Personal Service]&amp;quot; will be completed when notification by certified mail is not used.&lt;br /&gt;
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One copy of the hearing notice and attachments, &amp;quot;[https://epg.modot.org/forms/general_files/DE/ReportOnPersonalService.docx Report of Personal Service]&amp;quot; and certified mail notices are to be submitted to CCO after notification is complete.&lt;br /&gt;
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Prior to the hearing, the district&#039;s representative will become familiar with the details of the utility adjustment in order to provide concise testimony to expedite the hearing process. CCO will assign an attorney to work with the district and present the case.&lt;br /&gt;
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Refer to 7 CSR 10-3.030 020 Utility Relocation Hearings for additional information.&lt;br /&gt;
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A Waiver of Hearing should be obtained for non-reimbursable adjustments to document the commitment of the utility owner to adjust its utility facilities without adversely impacting the highway construction project. This may be accomplished informally via written communications between the district utilities staff and the utility owner’s representative. A [https://epg.modot.org/forms/general_files/DE/WaiverOfHearingForm.docx formal Waiver of Hearing statement] may be requested by either MoDOT or the utility owner. A [https://epg.modot.org/forms/general_files/DE/WaiverOfHearingLetter.docx sample transmittal letter for the Waiver of Hearing] is available. For reimbursable or partially reimbursable adjustments, the formal agreement serves as the basis of documentation of this commitment.&lt;br /&gt;
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==643.2.9 Estimates==&lt;br /&gt;
District utilities staff will negotiate with utility owners to determine reimbursable costs of the necessary adjustments to allow highway construction ([[#643.2.8_Cost_Responsibility|EPG 643.2.8 Cost Responsibility]]). These estimates are prepared in accordance with the provisions of 23 CFR 645 and any amendment thereto. These estimates must reflect the same procedures and costs used by the utility owners in their normal operations and must also accurately represent the expected costs of the work. The utility owner’s estimate will be reviewed by the district utilities staff to ensure compliance with 23 CFR 645.&lt;br /&gt;
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===643.2.9.1 Independent Cost Estimate===&lt;br /&gt;
The independent cost estimate provides the basis for district utilities staff to review the utility owner’s estimate of costs of the necessary utility adjustments to allow highway construction and any subsequent negotiations with the utility owner. The district utilities staff should prepare an independent cost estimate. The independent cost estimate may be based on unit prices of anticipated items of work in a utility adjustment necessary to allow highway construction. The independent cost estimate alternately may be based on recent similar types of utility adjustments necessary to allow highway construction and scaled for size. Consultants can be used to develop the independent cost estimate. All documentation of the independent cost estimate should be placed in MoProjects.&lt;br /&gt;
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===643.2.9.2 Type of Project Cost Estimates===&lt;br /&gt;
Either Actual Cost or Lump Sum estimates may be used for estimating the costs on the necessary utility adjustments to allow highway construction. If an Actual Cost estimate is used, detailed records of materials, labor, and equipment are made by district utilities and/or construction staff during construction, and a final audit of the utility owner’s cost records is made to determine the Commission’s actual responsibility for costs of the adjustment completed to allow highway construction. If a Lump Sum estimate is used, a final audit of costs for an adjustment in payment is not required. The Actual Cost method requires more detailed record keeping and documentation by the utility owner and district staff during construction. The Lump Sum method requires more upfront detail and work by the utility owner and judgment on the district utilities staff on the acceptability of the cost. The district utilities staff will work with the utility owner’s representative to determine the best type of estimate and therefore agreement to use.&lt;br /&gt;
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====643.2.9.2.1 Actual Cost Estimate====&lt;br /&gt;
The cost estimate that supports the actual cost agreement is prepared in sufficient detail to determine the reasonable expected cost of the work to support development of an agreement between the utility owner and the Commission. However, reimbursement is based on the actual costs of design and construction of the necessary adjustment to allow highway construction. The [https://epg.modot.org/forms/general_files/DE/ActualCostCostEstimate_Example.docx actual cost estimate] should detail all costs of the necessary adjustment to allow highway construction, even if the Commission is only responsible for a portion of the costs as detailed in EPG [[#643.2.8.3_Shared_Responsibility|643.2.8.3 Shared Responsibility]].&lt;br /&gt;
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[https://epg.modot.org/forms/general_files/DE/ActualCostCostEstimate_Example.docx Actual cost estimates] can be used for any dollar amount of reimbursement.&lt;br /&gt;
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====643.2.9.2.2 Lump Sum Estimates====&lt;br /&gt;
The cost estimate that supports the lump sum agreement must be accurate, comprehensive, verifiable, and in sufficient detail to present a clear picture of the work involved and the cost of the individual items. The estimate may cover only that portion of the adjustment for which the Commission is responsible for the costs of the necessary utility adjustments to allow highway construction.&lt;br /&gt;
[https://epg.modot.org/forms/general_files/DE/LumpSumCostEstimate_Example.docx Lump sum estimates] are limited to a maximum of $200,000 of Commission responsibility of costs of the necessary utility adjustments to allow highway construction; however, exceptions may be made for special situations that have prior approval from Design Division. These exceptions usually cover major relocations for which the Commission&#039;s proportionate responsibility is extremely small.&lt;br /&gt;
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===643.2.9.3 Utility Cost Estimate Requirements===&lt;br /&gt;
Whether using an Actual Cost or Lump Sum estimate, the following should be included in the estimate, if applicable. If any of the following sections are not included in the estimate, a qualifying statement as to why the costs were not included should be provided.&lt;br /&gt;
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====643.2.9.3.1 Scope of Work====&lt;br /&gt;
All estimates require a concise summary of the work to be performed on the estimate. An example is &amp;quot;an estimate of cost covering the work of relocating Company&#039;s 12-inch Cushing-Woodriver pipeline to accommodate construction of Route 47 in Franklin County on Job No. J6P0172&amp;quot;.&lt;br /&gt;
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====643.2.9.3.2 Engineering Costs====&lt;br /&gt;
Costs of engineering, whether preliminary or construction, must be shown as separate items and are not to be included with &amp;quot;labor costs&amp;quot;. Concurrent cost accounting procedures of FHWA and MoDOT make this a necessity. See [[#643.2.6_Preliminary_Engineering_Requirements|EPG 643.2.6 Preliminary Engineering]] and [[#643.2.16.2_Construction_Contract_Requirements|EPG 643.2.16.2 Construction Contract Requirements]] for further information.&lt;br /&gt;
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====643.2.9.3.3 Right of Way Costs====&lt;br /&gt;
A detailed estimate of the cost to acquire replacement easements by the utility owner is required. The cost should be supported by a right of way plan.&lt;br /&gt;
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====643.2.9.3.4 Material Costs====&lt;br /&gt;
Quantities, description of the item, the unit cost, and the extended totals are shown. Percentage computations will be shown immediately following &amp;quot;total cost&amp;quot; so the utility owner’s and Commission&#039;s cost obligations are properly indicated. Unit assembly costs similar to those used by several of the rural electric association (R.E.A.) cooperatives are acceptable, provided the same units and charges are used in the utility owner’s regular operations. A handling charge conforming with the utility owner’s regular procedures may also be included.&lt;br /&gt;
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====643.2.9.3.5 Labor Costs====&lt;br /&gt;
Hours, individual or crew rates, and extended totals are shown. Payroll additives such as insurance, retirement, social security, vacation, and other benefits are shown as a separate item under this heading in accordance with utility owner’s regular procedures. Adequate explanation must be given for total percentage used, especially in those cases where materials and labor are combined as unit costs or where labor percentages include additives and equipment requirements.&lt;br /&gt;
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====643.2.9.3.6 Equipment Costs====&lt;br /&gt;
A description of the equipment to be used must be shown jointly with the number of hours to be charged. Rates charged for equipment usage must be justified by the utility owner’s established accounting procedures. When the utility owner does not have an established accounting procedure or a capitalization and depreciation schedule that is used in its own operations, the rates are to be established by using rental rate publications as a guide. A reasonable amount will be deducted, when using rental rate schedules, for profit that the rental company realizes. A full explanation of the methods used in establishing the rates must also be submitted to support the utility owner’s request and with approval of the district utilities staff.&lt;br /&gt;
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Equipment may be rented when the utility owner’s equipment is not available or is inadequate, with the rental rate justified by appropriate solicitation of bids. See [[#643.2.16.2_Construction_Contract_Requirements|EPG 643.16.2 Construction Contract Requirements]] for further information.&lt;br /&gt;
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Unusual accounting procedures may be accepted with adequate prior explanations and approval of the Design Division.&lt;br /&gt;
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====643.2.9.3.7 Removal Costs====&lt;br /&gt;
These costs are estimated and shown in a similar method but separately from installation costs. When removal costs exceed salvage credits by more than the estimated cost of removal by the roadway contractor, an effort should be made to persuade the utility owner to abandon the utility facilities in place. An exception is made when the utility owner is required to remove abandoned utility facilities because of liability, hazard, or by specific agreement with the Commission. Abandoned utility facilities can be included with the miscellaneous removals in the roadway contract. It may be possible for the utility owner to remove those portions of the utility facility for which credits will exceed removal costs, with the remainder of the utility facility to be abandoned for removal in the roadway contract. Materials removed must be itemized, with the utility owner’s customary salvage credit given. Items to be scrapped or junked should be indicated. Whenever a utility facility or portion thereof is shown to be abandoned on the plan of adjustment, the roadway plans should be notated accordingly. This eliminates ownership problems if these utility facilities are removed or salvaged by the roadway contractor.&lt;br /&gt;
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When the utility facility is no longer needed and removal is necessary to accommodate the roadway project, the removal of the item may be handled either as a right-of way-item or a utility adjustment. When handled as a right of way item, the damages allowed are to equal the depreciated value of the utility facility, with the necessary removals being accomplished by the roadway contractor. If accomplished as a utility adjustment, the Commission, by utility agreement, will reimburse the utility owner for removal costs and receive salvage credit for the material removed, up to but not exceeding removal costs.&lt;br /&gt;
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====643.2.9.3.8 Salvage of Removed Materials====&lt;br /&gt;
This statement, to explain the salvage credit or lack of credit, will reflect routine utility owner policy as well as the particular situation. The utility owner will place a value on any recovered material for salvage. District utilities staff should check this value for reasonableness. Examples of salvage statements include:&lt;br /&gt;
* Existing utility facilities to be abandoned in place, since the cost of salvaging, based on our past experience, will exceed their value.&lt;br /&gt;
* Only those items will be salvaged for which salvage credit will exceed the cost of removal and salvage.&lt;br /&gt;
* Company liability requires removal of the retired utility facilities, even though the cost of removal will exceed allowable credit for salvage.&lt;br /&gt;
* Salvage credits are in accordance with established company accounting procedures.&lt;br /&gt;
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====643.2.9.3.9 Accrued Depreciation Credits====&lt;br /&gt;
Credit is required for the accrued depreciation of a utility facility that is being replaced. Examples are a building, structure, pumping station, filtration plant, power plant, substation, or other similar operational unit. Credit for accrued depreciation will not be required for a segment of the utility&#039;s service, distribution, or transmission lines. It is also not required when the building or structure is being moved as necessitated by the highway project. Acceptable accrued depreciation credit will be determined by using the following formula:&lt;br /&gt;
:&amp;lt;math&amp;gt;\frac{Actual \; Length \; of \; Service \; of \; Replaced \; Facility \; (Years)}{Total \; Estimated \;  Service \; Life \; of \; Replaced \; Facility \; (Years)} \times Original \; Cost \; (\$) = Credit&amp;lt;/math&amp;gt;&lt;br /&gt;
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====643.2.9.3.10 Betterment Credits====&lt;br /&gt;
Betterment means the upgrading of the utility facility being relocated, made solely for the benefit of and at the election of the utility owner and is not attributable to the roadway improvement. Credit to the Commission is required for the additional costs incurred for the betterments introduced in the adjusted utility facility. No betterment credit is required for additions or improvements which are:&lt;br /&gt;
* Required by the highway project&lt;br /&gt;
* Replacement devices or materials that are of equivalent standards although not identical&lt;br /&gt;
* Replacement of devices or materials no longer regularly manufactured with next highest grade or size&lt;br /&gt;
* Required by law under governmental and appropriate regulatory commission code&lt;br /&gt;
* Required by current design practices regularly followed by the utility owner in its own work, and there is a direct benefit to the highway project&lt;br /&gt;
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====643.2.9.3.11 Overhead Costs====&lt;br /&gt;
Overhead costs are usually a percentage of the total labor cost. This item must be in accordance with the utility owner’s established accounting procedures, which in some cases may include handling costs or be a percentage of the total cost of the work involved. Additional attention to overhead costs is required when the rate is different from previously accepted rates. Occasionally, it can be difficult to obtain the necessary information at the time of the estimate to approve the overhead rates. In this situation, the estimate can be approved with exception of the overhead rates for payment. The utility owner is informed of this matter with the understanding that the overhead rates could be approved and paid with submission of appropriate supporting data and Financial Services audit review.&lt;br /&gt;
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====643.2.9.3.12 Prorating Costs====&lt;br /&gt;
The need for prorating utility adjustment costs occurs when both the Commission and the utility owner are responsible for a portion of the utility adjustment necessary to allow for highway construction, and the actual costs for reimbursement in each category cannot be explicitly determined. Generally, the following conditions require division of costs:&lt;br /&gt;
* The adjustment is considered partially reimbursable per [[#643.2.8.3_Shared_Responsibility|EPG 643.2.8.3 Shared Responsibility]]&lt;br /&gt;
* Betterments are included in the necessary adjustment of the utility facility&lt;br /&gt;
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The district utilities staff should negotiate with the utility owner’s representative to determine an equitable basis for the prorating of costs based on the characteristics of the utility adjustment necessary to allow for highway construction.&lt;br /&gt;
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====643.2.9.3.13 Costs Records====&lt;br /&gt;
The estimate should include a statement as to where the utility owner’s cost records may be reviewed. An example: &amp;quot;Company cost records will be available in our office at 2134 Industrial Avenue, Tulsa, Oklahoma&amp;quot;.&lt;br /&gt;
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====643.2.9.3.14 Other====&lt;br /&gt;
Additional statements will explain or further clarify the work that is included. Such other items may include bypasses, special equipment, need for larger utility facilities, etc.&lt;br /&gt;
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==643.2.10 Schedule==&lt;br /&gt;
Timely adjustments of utility facilities are essential for efficient completion of highway construction projects. Ideally, all utility adjustments are completed prior to a project’s Plans, Specifications, and Estimate (PS&amp;amp;E) submittal to Central Office. Depending on the specifics of the highway construction and utility adjustment necessary, early completion of the utility adjustment may not be practical. The district utilities staff should negotiate with the utility owner to determine the schedule parameters necessary for the utility adjustment. At a minimum, the utility owner should document the dates it anticipates starting and completing the work. If a utility adjustment depends upon the completion of a portion of the highway construction, the necessary milestone for starting the utility adjustment should be documented along with an anticipated number of working days to complete the utility adjustment. The schedule is included as Exhibit “C” to the agreement.&lt;br /&gt;
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==643.2.11 Pre-Audits==&lt;br /&gt;
The district utility staff performs a pre-audit review and approval prior to preparation of the agreement. A [https://epg.modot.org/forms/general_files/DE/PreAuditChecklist.docx pre-audit checklist] should be completed and saved in MoProjects.&lt;br /&gt;
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==643.2.12 Utility Agreements==&lt;br /&gt;
Whenever the Commission is responsible for the cost of the necessary adjustments to allow highway construction, an agreement is required. If a Master Reimbursable Utility Agreement (see [[#643.2.12.2_Master_Reimbursable_Utility_Agreements|EPG 643.2.12.2]]) has not been executed with the utility owner, a Project Specific Agreement (see [[#643.2.12.3_Project_Specific_Agreements|EPG 643.2.12.3]]) is executed between the utility owner and the Commission. In some cases, it may be more practical for the Commission to include adjustment of utilities into a Commission administered contract. A Utility Agreement - Actual Cost (For Utility Work That is to be Included in the Missouri Highways and Transportation Commission&#039;s Road Project) (see [[#643.2.12.4_Agreement_for_Utility_Work_Included_in_Roadway_Improvement_Project|EPG 643.2.12.4]]). Agreements include a plan of adjustment (Exhibit “A”), cost estimate (Exhibit “B”), and schedule (Exhibit “C”).&lt;br /&gt;
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The Utility Agreement boilerplate forms have been approved by the Chief Counsel’s Office (CCO). They are identified in the upper left-hand corner of each agreement by an identifier such as CCO Form: UT01 for the Master Reimbursable Utility Agreement. CCO updates these agreements as necessary. They serve as a guide in the preparation of the agreement to be executed with the utility owner for the adjustments required to their utility facilities to accommodate the proposed roadway improvement project. District utilities staff should use the latest version of the agreement found in [https://netprod3.dot.missouri/eAgreements/Search/QuickSearch eAgreements] in drafting an agreement with utility owners. A list of utility agreements and detailed information concerning the sequence for preparing and executing an agreement is available in  [[:Category:153_Agreements_and_Contracts|EPG 153 Agreements and Contracts]].&lt;br /&gt;
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These forms are to be used word for word. Revisions or additions are only made to address specific project details. The intent of each paragraph must be retained, although specific words may be revised to fit the particular situation. No paragraphs are deleted without prior approval from CCO. For guidance on acceptance of liability, refer to the [[:Category:153_Agreements_and_Contracts#153.1.1.2_Acceptance_of_Liability_Policy_(MoDOT_Access_Only)|Acceptance of Liability Policy]] at the CCO SharePoint page. Drafts of agreements having major revisions or complications are to be submitted, with supporting data, to Design Division for comment and approval.&lt;br /&gt;
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A reference to 23 CFR 645 is included in all agreements. Utility owners must be acquainted with these requirements and procedures. The incorporation of 23 CFR 645 by reference in all agreements eliminates the need for a second set of regulations to be included in the document.&lt;br /&gt;
&lt;br /&gt;
The agreement for the adjustment of a utility is prepared by the district utilities staff and submitted to the utility owner for execution. The agreement is based on the plan, estimate of cost which was prepared in accordance with 23 CFR 645, and schedule. Authorized individuals representing the utility owner will execute the agreement. The agreement must be signed, sealed, and if necessary, notarized by the utility owner. If the utility owner does not have or use a corporate seal, write &amp;quot;NO SEAL&amp;quot; under the signatures of the owner’s officers. Agreements with political subdivisions are to be supported by an appropriate ordinance, a copy of which is to be submitted with the executed agreements. All copies will be forwarded to the CCO for further handling. A fully executed copy of the agreement will be retained in eAgreements. If the agreement was executed using electronic signatures, the district utilities staff should forward an electronic copy of the fully executed agreement to the utility owner. If the agreement was executed using wet signatures, one (1) paper copy of the fully executed agreement will be returned by the Commission Secretary’s Office to the district utilities staff. The district utilities staff will forward this copy to the utility owner.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.1 Buy America Build America Requirements===&lt;br /&gt;
All agreements contain information on Buy America Build America (BABA) compliance. The utility owner should select the method of certification (See [[#643.2.19_Buy_America_Build_America_for_Utilities|EPG 643.2.19]]) at the time of agreement completion. The appropriate paragraph will be inserted into the agreement. All BABA compliance documents must be retained by the utility owner and made available upon request at no cost to the Commission and/or FHWA.&lt;br /&gt;
&lt;br /&gt;
====643.2.12.1.1 Utility Owner Self-Certification====&lt;br /&gt;
The City/Company certifies that when determining products/materials subject to Buy America Build America requirements to use in the performance of this Agreement, it shall use only such products/materials for which it has received a certification from its supplier, or provider of construction services that procures the product/material, certifying compliance with Buy America Build America requirements. This does not include products/materials for which waivers have been granted pursuant to 23 CFR 635.410. The City/Company will not be required to provide the Commission copies of the supplier certification as part of this Agreement or with the final invoice of said Commission’s Federal-Aid Highway Construction Project.&lt;br /&gt;
&lt;br /&gt;
====643.2.12.1.2 Vendor/Manufacturer Certification====&lt;br /&gt;
The City/Company certifies that when determining products/materials subject to Buy America Build America requirements to use in the performance of this Agreement, it shall use only such products/materials for which it has received a certification from its supplier, or provider of construction services that procures the product/material, certifying compliance with Buy America Build America requirements. This does not include products/materials for which waivers have been granted pursuant to 23 CFR 635.410. The City/Company shall provide to the Commission all Buy America compliance documents as outlined in the Commission’s Engineering Policy Guide 643. All required compliance documents shall accompany the final invoice submitted to the Commission.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.2 Master Reimbursable Utility Agreements===&lt;br /&gt;
The UT01: Master Reimbursable Utility Agreement (MRUA) is a statewide agreement that has been executed by the utility owner and the Commission for all future reimbursable utility adjustments between both parties. Once a MRUA is executed, no other utility agreements are required on design-bid-build projects. The district utilities staff should encourage utility owners to enter into a MRUA with the Commission to reduce potential future delays in executing a project specific agreement. A list of previously executed [https://modotgov.sharepoint.com/sites/DE/Utilities/Agreements/MRUA%20-%20Existing?csf=1&amp;amp;web=1&amp;amp;e=4LJHoa Master Reimbursable Utility Agreements (Modot Access Only)] is available. District utilities staff should add newly executed agreements to this list. The MRUA can be employed as either an actual cost ([[#643.2.12.3.1_Actual_Cost_Agreements|EPG 643.2.12.3.1]]) or lump sum ([[#643.2.12.3.2_Lump_Sum_Agreements|EPG 643.2.12.3.2]]) agreement. When the reimbursable adjustment will utilize a MRUA, the district utilities staff will prepare a MRUA correspondence letter (“letter agreement”) referencing the executed MRUA. A copy of the MRUA correspondence letter should be saved in MoProjects for reference by Financial Services, the district construction office, and the district staff responsible for inspection of utility adjustments. All project specific items such as type of agreement (actual cost or lump sum), plan of adjustment, estimated total cost, cost allocation, and schedule are addressed in the MRUA correspondence letter from the district utilities staff to the utility owner. A flowchart of the MRUA process is available.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.3 Project Specific Agreements===&lt;br /&gt;
If a utility owner does not have a MRUA with the Commission, a project specific agreement will be required for every project for which the Commission is responsible for the necessary adjustments to allow highway construction. The project specific agreement will be either an actual cost ([[#643.2.12.3.1_Actual_Cost_Agreements|EPG 643.2.12.3.1]]) or lump sum ([[#643.2.12.3.2_Lump_Sum_Agreements|EPG 643.2.12.3.2]]) agreement.&lt;br /&gt;
&lt;br /&gt;
====643.2.12.3.1 Actual Cost Agreements====&lt;br /&gt;
The UT03: Utility Agreement – Actual Cost is used when detailed estimates are not practical or costs appear to be questionable. Details on actual cost estimates can be found at [[#643.2.12.3.1_Actual_Cost_Agreements|EPG 643.2.9.2.1 Actual Cost Estimates]]. Once the final invoice on a UT03 is submitted to Financial Services, district utilities staff should change the status on the agreement in eAgreements to completed.&lt;br /&gt;
&lt;br /&gt;
====643.2.12.3.2 Lump Sum Agreements====&lt;br /&gt;
The UT02: Utility Agreement – Lump Sum eliminates the need for keeping detailed records of cost and the auditing of cost records. Estimates of cost must be prepared in detail for use of this agreement. When detailed estimates are not practical or costs appear unreasonable, actual cost agreements are to be used. Use of special forms of agreements, such as &amp;quot;subordination agreements&amp;quot;, which are desired by certain utility owners, is acceptable. These, too, must be revised to cover the particular situation. Details on lump sum estimates can be found at [[#643.2.9.2.2_Lump_Sum_Estimates|EPG 643.2.9.2.2 Lump Sum Estimates]]. Once the final invoice on a UT02 is submitted to Financial Services, district utilities staff should change the status on the agreement in eAgreements to “completed”.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.4 Agreement for Utility Work Included in Roadway Improvement Project===&lt;br /&gt;
The UT04: Utility Agreement - Actual Cost (For Utility Work That is to be Included in the Missouri Highways and Transportation Commission&#039;s Road Project) allows for the adjustment to be based on actual cost with the roadway contractor performing the utility work. Caution should be exercised in the type of utilities to be relocated in roadway contracts. Utilities recommended are waterlines and sewer lines. Other utilities, such as gas lines, communication lines, and power lines are to be studied thoroughly before being included in the project.&lt;br /&gt;
&lt;br /&gt;
The Transportation Project Manager and district utilities staff must plan ahead to get this work in the roadway contract. The utility owner must agree to include the utility adjustment in the roadway contract. The adjustment may be on highway right of way or on private easement in the name of the utility owner. The utility owner can agree to allow MoDOT’s contractor to work in its easement. However, district utilities staff in consultation with district right of way staff should review the easement documentation to verify the utility owner’s rights to the easement and any limitations on its use. MoDOT’s contractor can work and operate on both Commission right of way and on the utility easement, even when not directly connected to the Commission right of way, as part of the job site. Temporary construction easements may be necessary in addition to the utility easement to ensure adequate working room for the contractor.&lt;br /&gt;
&lt;br /&gt;
:The utility owner may request exemption to any liability for negligence of our contractor working on their easement. The Commission can assume that liability (refer to [[:Category:153_Agreements_and_Contracts#153.1.1.2_Acceptance_of_Liability_Policy_(MoDOT_Access_Only)|Acceptance of Liability Policy]]), but it should be included in the utility agreement if so desired by the utility owner. A Job Special Provision is necessary to require the MoDOT contractor to hold the utility harmless from all claims due to contractor negligence.&lt;br /&gt;
&lt;br /&gt;
Subsurface information, i.e. boring data, etc., should be obtained by the utility owner since it may be needed for the design of the utility adjustment. This information should be included in the plans. If the utility owner must bear all or part of the cost of the adjustment, the utility owner must agree to pay a pre-deposit to the Commission prior to opening bids on the project. This should be in the utility agreement. The pre-deposit will be credited to the &amp;quot;Missouri Highway and Transportation Commission - Local Fund.&amp;quot; Any interest earned in the fund will apply to the cost of the adjustments. The utility agreement will include language that the utility will inspect the installation and assume maintenance of the utility facility after construction. MoDOT will also provide engineering supervision to be sure the road contractor is in compliance with the contract. Utility plans and specifications are to be approved by the owner prior to submittal to the Central Office. The following items will provide minimum information to allow MoDOT’s contractor to bid the work.&lt;br /&gt;
# Individual bid items (not &amp;quot;lump sum&amp;quot;) should be established to promote better bidding and to handle overruns and underruns. Bid items not included on the Computer Stored Bid Item list should be &amp;quot;99&amp;quot; numbers.&lt;br /&gt;
# he bid package must be in our letting format. If the package was prepared by a consultant as if the utility owner were going to let it, all bid bond or bidding procedures must be screened to remove requirements contrary to MoDOT letting requirements. District utilities staff should work with the Transportation Project Manager, Design Liaison Engineer, and Central Office Bidding and Contract Services to ensure this requirement is met.&lt;br /&gt;
# The specifications required by the utility owner should be reviewed for items that could cause a bid problem for our contractor. Items such as non-readily available materials or sizes should be avoided.&lt;br /&gt;
# Utility plan sheets should be .pdf files equivalent to 22 in. x 34 in. It is helpful to have a quantity sheet specifically for utility items.&lt;br /&gt;
# Any special procedures required for the utility installation should be included in the Job Special Provisions.&lt;br /&gt;
# The utility package should be submitted on-time to Central Office with other project plans.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.5 Agreement for a Utility Only Project===&lt;br /&gt;
Any of the above agreements can be modified for a utility only project separate from the roadway project. The utility only project may be done by forces hired by the utility owner or by the Commission. A separate utility only project has distinct advantages when the following occurs:&lt;br /&gt;
* The utility work is extensive&lt;br /&gt;
* It must be performed in accordance with the utility owner’s seasonal requirements&lt;br /&gt;
* It extends beyond the limits of the construction project&lt;br /&gt;
* It must be performed considerably in advance of the roadway contract&lt;br /&gt;
&lt;br /&gt;
Necessary environmental and design work is still required for the limits of the separate utility only project. It may be necessary in these cases to have a second agreement with the utility owner to cover any other work that must be performed concurrently with the roadway contract. These latter agreements will use the roadway construction job number. Early need for utility projects is to be determined at the time when the STIP is updated each year. The utility construction funds will be shown in the year right of way funds are assigned. This will be done whenever possible to secure early adjustment of utility facilities. A request by the district is sent to the Planning Division. Estimated dollar amounts for utility adjustments are needed. These are estimates and do not need to be extremely accurate. When a special utility project is established, it is preferred, if at all possible, to include all the utility adjustments necessary for the entire roadway project. If funds are available, additional agreements can be added to this utility project until the final invoice for the first completed agreement is received for payment.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.6 Supplemental Agreements===&lt;br /&gt;
For utility owners with a UT01 agreement, a supplemental letter agreement documenting the change in the scope or cost of the work is acceptable.&lt;br /&gt;
&lt;br /&gt;
The UT05: First Supplemental Agreement is used to document changes to UT02 and UT03 agreements. If changes to the scope of work occur that are anticipated to exceed $100,000 or 15% of the original agreement, a UT05 is required. If the final invoice on an actual cost adjustment without changes in the scope of work exceeds the limits shown in the table below, a UT05 is required.&lt;br /&gt;
&lt;br /&gt;
{| class=&amp;quot;wikitable&amp;quot; style=&amp;quot;margin-left: 25px; text-align:center&amp;quot;&lt;br /&gt;
! Amount in Original Actual Agreement !! Final Bill Total Exceeds Original Amount by:&lt;br /&gt;
|-&lt;br /&gt;
| 0-$25,000 || 50%&lt;br /&gt;
|-&lt;br /&gt;
| $25,000-$100,000 || 40%&lt;br /&gt;
|-	&lt;br /&gt;
| Exceeds $100,000 || 30%&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
Should multiple UT05s be required with the same utility owner, the UT05 should be modified for additional supplemental agreements. Once the final invoice on an UT05 is submitted to Financial Services, district utilities staff should change the status on the agreement in eAgreements to “completed”.&lt;br /&gt;
&lt;br /&gt;
==643.2.13 Utility Adjustments in Roadway Plans and Job Special Provisions (JSPs)==&lt;br /&gt;
It is the responsibility of the MoDOT Transportation Project Manager (TPM) to ensure utility plans of adjustment are shown on the project plans at the Plan, Specification, and Estimate (PS&amp;amp;E) stage based upon information coordinated by the district utilities staff with the appropriate utility owner.&lt;br /&gt;
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===643.2.13.1 Plans===&lt;br /&gt;
A legend showing all applicable utility symbols and the names of the utility owners is shown on the first special utility sheet. In the absence of special utility sheets, this information may be shown on the title sheet or the first plan and profile sheet. The following note is required to be placed on the title sheet or the first plan and profile sheet and the first special utility sheet (if used) to inform contractors of the suitability of the utility information contained on the plans.&lt;br /&gt;
&lt;br /&gt;
&amp;quot;The existence and approximate location of utility facilities known to exist, as shown on the plans, are based on the best information available to the Commission at this time. This information is provided by the Commission &amp;quot;as-is&amp;quot; and the Commission expressly disclaims any representation or warranty as to the completeness, accuracy, or suitability of the information for any use. Reliance upon this information is done at the risk and peril of the user, and the Commission shall not be liable for any damages that may arise from any error in the information&amp;quot;.&lt;br /&gt;
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===643.2.13.2 Job Special Provisions===&lt;br /&gt;
Since the addition of utility information on the plans, supplied by a third party, could subject the Missouri Highway and Transportation Commission to additional liability, a Utility JSP reflecting the status of utility adjustments will be required. The JSP will include the name, address, e-mail address, and telephone number of all utility owner representatives for all utility facilities located on the project. The anticipated adjustment completion date for each utility adjustment is also to be shown based on the agreed upon dates, durations, or completion dates with the utility owner’s representative. This information will inform the bidder of the status of utilities for proper work coordination that could affect the bids for the proposed highway construction project. Status notations will include general notations such as: “N/A”, “Work is in progress”, “Work has not started”, “Work is complete”, and “Work is included in contract.”&lt;br /&gt;
&lt;br /&gt;
===643.2.13.3 PS&amp;amp;E Submittal===&lt;br /&gt;
In the District Final Plans Submittal Checklist (D-12), the TPM should note any issues related to existing utility facilities or the adjustment of utility facilities either shown or not shown on the plans. Projects with “No Utility Impacts” such as some overlays, striping, bridge washing, etc. do not need a Utility Status Letter or Utility JSP. The D-12 is used for these projects. In the D-12, under Project Details – “Utilities”, the note “NO” is selected and under “Status”, select “Clear”. For all other projects, the district utilities staff will write a Utility Status Letter. The TPM will include the Utility Status Letter with the submittal of the final plans to the Design Division. The Utility Status will be defined as:&lt;br /&gt;
# Utility facilities are present, but no conflict is anticipated with the highway construction project. Or,&lt;br /&gt;
# All utility facilities requiring adjustment to allow highway construction have been physically adjusted on the project. Or,&lt;br /&gt;
# Utility construction work is planned or active and will be completed to such a point that no impact will be expected to the highway construction project. The status of this work is defined in the utility JSP. Or,&lt;br /&gt;
# Utility facilities are not expected to be adjusted by the notice to proceed date for the road project, but the utility work will have no impact on the progress of the highway construction project. The status of this work is defined in the utility JSP. Or,&lt;br /&gt;
# Utility facilities must be adjusted after the road contractor completes stage construction or in coordination with the contractors’ work. Details of the coordination effort required of the contractor are defined in the utility JSP to properly advise bidders. Or,&lt;br /&gt;
&lt;br /&gt;
# Utility adjustment plans and specifications are included in the bid documents for the highway construction project. A UT04 agreement must be executed.&lt;br /&gt;
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==643.2.14 Payment to Utility Companies for Reimbursable Work==&lt;br /&gt;
Authorization and federal funding obligation must be approved prior to incurring costs. This applies to all types of work on utility facilities including preliminary engineering. An obligation is a commitment by the federal government to reimburse MoDOT for the federal share of a project’s eligible cost.&lt;br /&gt;
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===643.2.14.1 Obligation Process===&lt;br /&gt;
Federal funding can be used with both lump sum and actual cost agreements. After the utility agreement is fully executed, the district utilities staff will email a copy of the utility agreement or the letter agreement referencing the MRUA to the email group OBLIGATE. This email should request the authorization authority for use of federal funds and to be informed of a Notice to Proceed (NTP) (see [[#643.2.15_Notice_to_Proceed|EPG 643.2.15]]) date by Financial Services once federal funding has been obligated. District utilities staff should allow three (3) weeks to receive the NTP. Financial Services will use Advance Construction (AC) funding to fund reimbursement to utility owners. With AC funding, state funds initially are used to pay for reimbursement to utility owners. Once construction is complete, with appropriate documentation of the work via the [https://epg.modot.org/forms/general_files/DE/C-9.docx C-9] and [https://epg.modot.org/forms/general_files/DE/C-13.docx C-13], Financial Services will convert to federal funding.&lt;br /&gt;
&lt;br /&gt;
===643.2.14.2 Preliminary Engineering===&lt;br /&gt;
On occasion, preliminary engineering (PE) may need to be undertaken by the utility owner prior to the execution of a utility agreement. If a utility owner has a MRUA, an estimate of the cost of the PE work by the utility owner may be used to obligate funding for preliminary engineering under the MRUA as a PE only letter agreement. If a lump sum or actual cost agreement will be required with the utility owner for the project, district utilities staff should do two (2) agreements with one agreement covering PE only, and once a design for the adjustment is obtained, a second agreement for the construction of the adjustment should be executed. If a separate PE only agreement is obtained, NTP will need to be issued twice to the utility owner: once for PE and once for construction.&lt;br /&gt;
&lt;br /&gt;
===643.2.14.3 Right of Way===&lt;br /&gt;
Once Notice to Proceed has been given, the utility owner may begin the right of way acquisition process. If the utility owner needs to acquire right of way prior to a full agreement for relocation has been negotiated, the agreement specifically for the acquisition of right of way should be executed. This agreement will be sent to Financial Services to begin the obligation process.&lt;br /&gt;
&lt;br /&gt;
===643.2.14.4 Construction===&lt;br /&gt;
Payment to utility owners for construction of the adjustment may occur in a number of phases.&lt;br /&gt;
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====643.2.14.4.1 Prepayment====&lt;br /&gt;
Per the utility agreement, the Commission allows utility owners to be prepaid prior to commencing work. The district utilities staff may negotiate the prepayment if the utility owner is receptive. The utility owner will submit a request for prepayment with an invoice prior to any prepayment. Route, county, and job number must be included in the request. The district utilities staff will submit a request to Financial Services with a copy saved in MoProjects for future reference by the district staff responsible for inspection of the utility adjustment.&lt;br /&gt;
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====643.2.14.4.2 Progress Payments====&lt;br /&gt;
If a utility owner has not been prepaid the entire estimated amount in the utility agreement, then the utility owner may request progress payments after completing a portion of the proposed work, including PE.&lt;br /&gt;
&lt;br /&gt;
Progress payments for PE by consultants should not exceed the &amp;quot;maximum not to exceed amount&amp;quot; shown in the cost estimate unless additional costs are approved first by district utilities staff.&lt;br /&gt;
&lt;br /&gt;
For progress payments, the utility owner is required to submit only a summary of work and materials for which payment is claimed, not a detailed billing. District utilities staff should check only to be sure that sufficient work has been done to justify making the requested payment. Payment should be made for allowable costs incurred up to the date of the progress payment request.&lt;br /&gt;
&lt;br /&gt;
Progress payment invoices do not relieve the utility owner of the responsibility of submitting one complete and final invoice upon completion of the adjustment. The utility owner’s address must be shown on the invoice. The district utilities staff should submit progress payment invoices and applicable C-9s to Financial Services within one (1) week of receipt of invoice.&lt;br /&gt;
&lt;br /&gt;
One copy of the progress payment and one copy of the district utilities staff letter of recommendation must be sent to Financial Services for payment and be stored in MoProjects. The cover memo should include the project number, route, county, actual cost or lump sum utility agreement, Commission obligation percentage, total cost estimate of Commission obligation, and indicate the progress payment number, i.e., progress payment number 1, 2, 3, etc. If more than one progress payment is requested by the utility company, the district should submit progress payment bills to Financial Services in the following format:&lt;br /&gt;
{| class=&amp;quot;wikitable&amp;quot; style=&amp;quot;margin-left: 25px; text-align:center&amp;quot;&lt;br /&gt;
! Payment !! Amount&lt;br /&gt;
|-&lt;br /&gt;
| Progress Payment #1 || $50,000&lt;br /&gt;
|-&lt;br /&gt;
| Progress Payment #2 || 10,000&lt;br /&gt;
|-	&lt;br /&gt;
| Total Payment to Date || $60,000&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
This format will help clarify payment history with the utility owner. Progress payments for actual cost utility agreements may not exceed the Commission&#039;s total estimated cost shown in the agreement. However, if the request for a progress payment exceeds the original estimate, a change order with explanation should accompany the request. (See [[#643.2.16.5_Change_Orders|EPG 643.2.16.5 Change Orders]].)&lt;br /&gt;
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====643.2.14.4.3 Final Payment====&lt;br /&gt;
Utility owners are required to submit a detailed final invoice to MoDOT for all actual cost reimbursable utility work and for any lump sum reimbursable utility work that was not prepaid. For prepaid lump agreements, the utility owner must submit a zero-dollar ($0) invoice to demonstrate the work has been completed. After the utility work has been fully completed, the district utilities staff responsible for inspection should send the utility owner a “60 Day” [https://epg.modot.org/forms/general_files/DE/FinalInvoiceLetter.docx Final Acceptance Letter] requesting a complete final invoice within 60 days, as detailed in the utility agreement. If the final invoice is not received from the utility owner within 30 days, then a follow up letter should be sent (i.e., “30 Day” [https://epg.modot.org/forms/general_files/DE/FinalInvoiceReminderLetter.docx Reminder Final Invoice Letter]) reminding the utility owner of its obligation to submit a final invoice within 60 days of the completed work. If a final invoice from the utility owner is not received within this timeframe, then the district utilities staff should contact the Design Liaison Engineer for guidance on how to close out the work.&lt;br /&gt;
&lt;br /&gt;
The district utilities staff is expected to check the final bill within two (2) weeks after receipt in as much detail as possible against the C-9. It is their responsibility to verify from field records the quantities of labor, equipment, material used, material retired, and to justify all changes made. If the utility owner’s contractor made the adjustment at unit cost prices, then it is the district utility staff’s responsibility to verify the number of units completed and not the hours of labor and equipment. It is also important for the utility owner to show the words “final bill” or “final invoice” on the last bill, in order for MoDOT to understand that no additional charges will be made on the adjustment. The final bill must show a general description of the utility adjustment, the highway project number, the date on which work was completed or last item of billed expense was incurred, and the location where records can be audited. The order of items in the final statement should follow as closely as possible the order of items in the original estimate. A summary, on the utility owner’s letterhead, of the total cost of preliminary engineering, construction engineering, right of way, labor, overhead, construction travel expense, transportation, equipment, materials, supply, handling, and salvage credits should be shown in a way that will permit direct comparison with the approved estimate from the original or supplemental agreements (see [[#643.2.12.6_Supplemental_Agreements|EPG 643.2.12.6]]).&lt;br /&gt;
&lt;br /&gt;
If the Actual Cost final invoice shows a much higher cost than the original estimate without scope change, the utility owner is required to give reasons in a letter to the district utilities staff explaining why the invoice cost increased. When the Actual Cost final invoice exceeds the amount shown in the table in [[#643.2.12.6_Supplemental_Agreements|EPG 643.2.12.6]], a supplemental agreement is required.&lt;br /&gt;
&lt;br /&gt;
When the district utilities staff has determined that the final invoice is accurate, the C-13 should be completed. Once the C-13 is completed, the C-13 and the final invoice from the utility owner are forward to Financial Services. For Actual Cost agreements, the C-9s should also be included in this transmittal. If no additional payments are required, the district utilities staff should note this in the transmittal as well. If the final invoice indicates previous payments to a utility owner exceeded the final invoice, the utility owner will need to send MoDOT a check for the overpayment amount. The check should be made payable to Director of Revenue – Credit State Road Fund. If the utility owner did not send MoDOT an overpayment check with the final invoice, district utilities staff should send a letter to the utility owner requesting the refund amount. Submittal of the final invoice to Financial Services should not occur until repayment has been received. The submittal to Financial Services should note the receipt of the repayment check.&lt;br /&gt;
&lt;br /&gt;
==643.2.15 Notice to Proceed==&lt;br /&gt;
For PE only, once an agreement has been executed, and Financial Services has advised that authorization from FHWA has been received, district utilities staff will issue a notice to proceed (NTP) letter to the utility owner for the PE. For agreements that include PE and construction or once a final agreement for construction has been executed, right of way clearance has been issued, and Financial Services has advised that authorization from FHWA has been received, the district utilities staff will issue NTP to the utility owner for construction. See [https://epg.modot.org/forms/general_files/DE/NoticeToProceedExampleLetter.docx Example of Notice to Proceed Letter]. If salvage credit is part of the agreement with the utility owner, the NTP letter should include a statement that the utility owner will need to inform district utilities staff of the time and place that inspection may be made of the removed material. The utility owner may be held accountable for full value of materials disposed without proper notice. Utility owners may purchase materials prior to NTP for construction; however, no other work on the adjustment necessary to allow highway construction may begin prior to NTP for construction. The utility owner, for reasons of planning their workload or due to seasonal situations, may request early authorization to perform the work. This request, with the district utilities staff recommendations, is sent to the Design Liaison Engineer for further handling, approval, and advancement of the necessary funds. A copy of the NTP should be saved in MoProjects. If a utility owner begins adjustments prior to NTP for construction, district utilities staff should notify the utility owner immediately in writing that reimbursement will not be made for work done prior to NTP for construction.&lt;br /&gt;
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==643.2.16 Construction of Utility Adjustments==&lt;br /&gt;
===643.2.16.1 Utility Owner Self-Perform===&lt;br /&gt;
As per 23 CFR 645.115 Construction, it may be cost-effective for certain utility adjustments to be performed by a utility owner with its own internal forces and equipment, provided the utility owner is qualified to perform the work in a satisfactory manner. This cost-effectiveness finding covers minor work on the utility owner’s existing utility facilities routinely performed by the utility owner with its own forces.&lt;br /&gt;
&lt;br /&gt;
===643.2.16.2 Construction Contract Requirements===&lt;br /&gt;
When the utility owner is not adequately staffed and equipped to perform such work with its own forces and equipment at a time convenient to coordination with the associated highway construction, such work may be done one of four ways for utility adjustments:&lt;br /&gt;
# MoDOT can provide the construction services, via awarded contract to the lowest qualified bidder based on appropriate solicitation. This can be done by including the adjustment work in the roadway improvement project ([[#643.2.14_Payment_to_Utility_Companies_for_Reimbursable_Work|EPG 643.2.12.4 Utility Agreement for Utility Work Included in Roadway Improvement Project]]) or by having a utility only project ([[#643.2.12.5_Agreement_for_a_Utility_Only_Project|EPG 643.2.12.5 Utility Only Project]]).&lt;br /&gt;
# The utility owner can award a construction contract to the lowest qualified bidder based on appropriate solicitation.&lt;br /&gt;
# The utility owner can utilize an existing continuing contract, provided the costs are reasonable (see [[#643.2.9.1_Independent_Cost_Estimate|EPG 643.2.9.1 Independent Cost Estimate]]).&lt;br /&gt;
# The utility owner can contract for low-cost incidental work, such as tree trimming and the like, without competitive bidding, provided the costs are reasonable (see [[#643.2.9.1_Independent_Cost_Estimate|EPG 643.2.9.1 Independent Cost Estimate]]).&lt;br /&gt;
&lt;br /&gt;
When a utility owner chooses option 2 to award its own new construction contract, the utility owner must provide the following documents and information to the district utilities staff. These documents need to be provided as soon as the utility owner has chosen to pursue a construction contract. Document 1 must be supplied by all utility owners. Documents 2 and 3 are only required when the utility owner is a local government agency who is also a political subdivision of the state of Missouri (e.g., city-owned utilities, county-owned utilities). All other utility owners are encouraged, but not required, to provide Documents 2 and 3.&lt;br /&gt;
# A statement that the utility owner is not staffed or able to perform the required construction activities with its own forces.&lt;br /&gt;
# A copy of the request for proposal used to secure bids.&lt;br /&gt;
# A list of a minimum of 3 bidders whom they believe can do the work. &#039;&#039;&#039;Political subdivisions are required to advertise for the work&#039;&#039;&#039;.&lt;br /&gt;
# Upon review of these documents, the district utilities staff will advise the utility owner to proceed with the solicitation of bids, but the utility owner will not be permitted to award the contract without the concurrence of district utilities staff. For lump sum agreements, approval of contract work and subcontract work is not required.&lt;br /&gt;
&lt;br /&gt;
The following documents need to be provided as soon as the utility owner has determined the lowest qualified contractor and would like to award the project. Document 1 must be supplied by all utility owners. Document 2 is only required when the utility owner is a local government agency who is also a political subdivision of the state of Missouri (e.g., city-owned utilities, county-owned utilities). All other utility owners are encouraged, but not required, to provide Document 2.&lt;br /&gt;
# The name address of the lowest qualified contractor.&lt;br /&gt;
# The tabulation of bids received and other information to support their recommendation for award to the lowest qualified bidder.&lt;br /&gt;
&lt;br /&gt;
The district utilities staff will review and approve the utility owner&#039;s bid information prior to the award of the contract. The Design Liaison Engineer is available to assist the district with review of bid information if necessary. Once the district utilities staff provides concurrence, the utility owner may proceed with awarding the contract. When the utility owner is a local government agency who is also a political subdivision of the state of Missouri (e.g., city-owned utilities, county-owned utilities), a copy of the executed contract must be shared with the district utilities staff. All other utility owners are encouraged, but not required, to provide a copy of the executed contract.&lt;br /&gt;
&lt;br /&gt;
A [https://epg.modot.org/forms/general_forms/DE/UtilityConsultantContractChecklist.docx checklist is available for reviewing contracts] to ensure the contract conforms to MoDOT policy and complies with applicable federal regulations.&lt;br /&gt;
&lt;br /&gt;
When a utility owner chooses to utilize an existing continuing contract, the utility owner will submit a copy of the contract to the district utilities staff. The district utilities staff will review the contract for reasonableness of cost. If district utilities staff and the utility owner’s representative cannot agree on the reasonableness of cost, then the utility owner will be required to award a new construction contract.&lt;br /&gt;
&lt;br /&gt;
===643.2.16.3 Inspection===&lt;br /&gt;
The degree of inspection needed for utility adjustments will vary considerably with the nature and location of the work and whether the Commission is responsible for any portion of the cost of reimbursement. Judgment must be used regarding the manner and regularity of inspection duties. Some phases of the work require a very close check to ensure that the highway will not be adversely affected and to ensure satisfactory performance of work in accordance with the agreement and plans. The degree of inspection may vary from spot checking of overhead installations to continuous close observation of backfilling trenches beneath proposed pavement, embankment area, or adjacent to bridge abutments. Proper inspection can ensure that the utility adjustment is completed as efficiently as possible to minimize future impacts to the utility facility and the highway construction project. A [https://epg.modot.org/forms/general_files/DE/UtilityFieldInspectionChecklist.docx Field Inspection Checklist] to assist district utilities staff responsible for inspection is available.&lt;br /&gt;
&lt;br /&gt;
If it is found that any actual cost reimbursable utility adjustment is being performed by unapproved contractors, district utilities staff should direct the work to stop. The utility owner’s representative should be informed immediately and should be advised in writing that the costs incurred by an unapproved contractor are not eligible for reimbursement under provisions of the agreement. The district utilities staff can take appropriate steps to approve a subcontract and advise when the utility owner can recommence work.&lt;br /&gt;
&lt;br /&gt;
===643.2.16.4 Documentation===&lt;br /&gt;
All documents related to the construction of the utility adjustment necessary to allow highway construction should be stored in MoProjects.&lt;br /&gt;
&lt;br /&gt;
Construction records must be kept to confirm that work is done in accordance with the terms of the agreement and in the manner proposed in the plans. The importance of a complete and accurate record cannot be overemphasized. Detailed records are necessary to support the recommendation for payment of the final invoice. A complete, separate daily record must be kept on each actual cost adjustment and submitted for review when the final invoice is recommended for payment. This district utilities staff responsible for inspection should complete the Daily Utility Report (C-9).&lt;br /&gt;
&lt;br /&gt;
====643.2.16.4.1 Utility Reports====&lt;br /&gt;
The Daily Utility Report ([https://epg.modot.org/forms/general_files/DE/C-9.docx Form C-9]) and the Final Utility Report ([https://epg.modot.org/forms/general_files/DE/C-13.docx Form C-13]) are used for documenting utility adjustments necessary to allow highway construction. The use of C-9s and C-13s will vary with method of reimbursement. For utility adjustments necessary to allow highway construction that overlap with the highway contractor’s work, progress records should be kept as necessary to coordinate the highway and utility construction activities. Sufficient records must be maintained to check and verify the items of labor, equipment, materials, and salvaged items as submitted on the final invoice.&lt;br /&gt;
&lt;br /&gt;
=====643.2.16.4.1.1 Daily Utility Report (C-9)=====&lt;br /&gt;
C-9s are only required for actual cost agreements. The district utilities staff responsible for inspection must in all cases keep records to document inclement weather, down time, and verbal authorization for minor changes. The district utilities staff responsible for inspection must complete a C-9 documenting the number and classification of employees and number of hours worked. Records of material used and of retired materials returned to stock or scrapped must be kept. The utility owner’s major items of equipment must also be recorded. When work is done by the contract method based on unit prices, the district utilities staff responsible for inspection should ascertain that units of work as provided in the bid proposal are measured and recorded to form a basis for checking the final invoice. C-9s should list the location and the number of units of work accomplished for that period. If contract labor or equipment is used by a utility owner on the basis of a bid per hour, per day, etc., it will be necessary to keep records on this labor or equipment time in the same manner as if the utility owner were performing the work with its own internal forces. District utilities staff responsible for inspection should also note all contractors working for the utility owner and the contractor approval authorization dates given in the agreement.&lt;br /&gt;
&lt;br /&gt;
=====643.2.16.4.1.2 Final Utility Report (C-13)=====&lt;br /&gt;
C-13s summarize that the utility adjustment work that was done in accordance with the agreement and plans, the percentage of total cost that is the responsibility of the Commission, and any progress payments that have been made. A C-13 is required for both actual cost and lump sum agreements. The requested numbers shown on line 9 (Commission Estimated Cost) and line 10 (Amount of Final Bill) in the report are the Commission’s total responsibility.&lt;br /&gt;
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====643.2.16.4.2 Breakdown and Emergency====&lt;br /&gt;
When breakdown and emergency situations occur, prior approval by MoDOT is not required for contract or equipment rental work unless the cost or period of time will be extensive. The utility owner should furnish a letter as soon as possible to explain the situation and set out the estimated costs involved. The district utilities staff’s records should substantiate the need and the changes for personnel and equipment.&lt;br /&gt;
&lt;br /&gt;
====643.2.16.4.3 Stop Work====&lt;br /&gt;
If at any point, a stop work order is given by MoDOT to a utility owner, written documentation of the stop work order should be saved in MoProjects.&lt;br /&gt;
&lt;br /&gt;
===643.2.16.5 Change Orders===&lt;br /&gt;
Any change in the plan of adjustment should be documented in writing to the utility owner as a change order. If the change order is anticipated to exceed $100,000 or 15% of the original agreement amount, district utilities staff should negotiate a supplemental agreement with the utility owner’s representative. Once a supplemental agreement is in place, district utilities staff should contact Financial Services to obtain an adjustment of the obligation mid-project. Change orders without supplemental agreements will be settled once the project is complete.&lt;br /&gt;
&lt;br /&gt;
====643.2.16.5.1 Actual Cost Agreement====&lt;br /&gt;
Slight modifications in quantities or the addition of minor items not included with the original agreement do not require a supplemental agreement. However, such changes should be documented in writing with the utility owner. A supplemental agreement is needed if costs exceed the above threshold or if there is a change in the percentage of cost that is the Commission’s responsibility on an agreement with shared responsibility for costs. Intermediate partial payments cannot be made on items in a supplemental agreement until the supplemental agreement is approved.&lt;br /&gt;
&lt;br /&gt;
====643.2.16.5.2 Lump Sum Agreement====&lt;br /&gt;
A supplemental agreement to a Lump Sum Agreement is only required for significant changes in the scope of work of the utility adjustment necessary to allow highway construction. Normal overruns are not considered as changes in approved work and will not be reimbursed. Significant changes in the scope of work on utility adjustments necessary to allow highway construction cannot be done until the supplemental agreement is approved, and the adjustment in obligation of funds is complete.&lt;br /&gt;
&lt;br /&gt;
==643.2.17 Utilities during Highway Construction==&lt;br /&gt;
The contractor is responsible for having utilities located by contacting Missouri One-Call (811) prior to any excavation on the project. A reminder of this responsibility should be made at the preconstruction meeting.&lt;br /&gt;
&lt;br /&gt;
===643.2.17.1 Preconstruction Meeting (Pre-Con)===&lt;br /&gt;
District utilities staff should be invited to all pre-cons.&lt;br /&gt;
&lt;br /&gt;
Pre-cons fall into three categories relating to utilities:&lt;br /&gt;
# No utility adjustments are anticipated within the project limits,&lt;br /&gt;
# All utility adjustments completed prior to the pre-con, and&lt;br /&gt;
# All utility adjustments not completed prior to the pre-con.&lt;br /&gt;
&lt;br /&gt;
====643.2.17.1.1 No Utility Adjustments Anticipated within the Project Limits====&lt;br /&gt;
For projects without a Utility Job Special Provision (JSP), no involvement of the utility owners is required at the pre-con. For projects with a Utility JSP, the Resident Engineer (RE) should invite all utility owner representatives listed in the JSP with known required adjustment to the pre-con. The RE should review potential impacts of the highway construction project with the contractor and the utility owner.&lt;br /&gt;
&lt;br /&gt;
====643.2.17.1.2 All Utility Adjustments Completed Prior to the Pre-Con====&lt;br /&gt;
The RE should invite all utility owner representatives listed in the JSP with known required adjustment to the pre-con. The RE should review potential impacts of the highway construction project with the contractor and the utility owner. A general discussion should highlight the previous adjustments made by the utility owner and what abandoned utility facilities the contractor may encounter.&lt;br /&gt;
&lt;br /&gt;
====643.2.17.1.3 All Utility Adjustments Not Completed Prior to the Pre-Con====&lt;br /&gt;
It is important for the RE and inspector to understand the utility owner’s work schedule and how it relates to the contractor’s work schedule. During the pre-con, the schedule of the utility owner and highway construction contractor should be discussed, and conflicts should be addressed to allow utility adjustments and highway construction to progress as near to the proposed schedule as possible. On large-scale projects that have many utility issues to address that could impact the work of the highway construction contractor, it may be necessary to have a separate pre-con with utility owner representatives.&lt;br /&gt;
&lt;br /&gt;
===643.2.17.2 Coordination Meetings===&lt;br /&gt;
When the utility work will not be completed soon after the preconstruction meeting, the RE should meet with district utilities staff, the highway construction contractor, and the utility owner representatives on a regular basis to discuss utility coordination issues, so expectations from all parties are known and conveyed clearly. The utility owner may need some work performed by MoDOT or the highway construction contractor prior to completing their adjustments. (Examples include: survey staking of right of way or proposed facilities, trees cleared, grading performed, or new structures built).&lt;br /&gt;
&lt;br /&gt;
==643.2.18 Service Drops==&lt;br /&gt;
Power and communication services provided by utility owners are necessary for the operation of the highway system. These services may include power to traffic signals, lighting, or ITS devices; power for cathodic protection; or telecommunication services to signal controllers or ITS devices. The project design teams should work with district utilities staff to identify proper locations for the applicable utility owners to provide these services. Various utility owners have different requirements for this process. The district utilities staff is encouraged to develop a workable relationship with the utility owners who provide these services to MoDOT. The costs of installing the services charged by the utility owner are considered a non-contractual item and should be accounted for in the project’s budget in the STIP. The proposed location and method for the service drops should be shown on the roadway plans. District utilities staff should meet with the utility owner’s representative to ensure the proposed location can be accommodated by the utility owner. For electrical service connections, the power supply assembly is ideally located a maximum of ten feet (10’) from the source location. Plans submitted for PS&amp;amp;E should reflect the agreed upon location for all service connections. During construction, district utilities staff and district construction staff should work together to ensure the placement of the services is consistent with the project plans. Payment for the service drops should be invoiced by the utility owner to the district. District utilities staff is responsible for submission of the invoice directly to Financial Services for payment noting the non-contractual charges for the project.&lt;br /&gt;
&lt;br /&gt;
==643.2.19 Buy America Build America for Utilities==&lt;br /&gt;
FHWA’s Buy America Build America (BABA) policies require a domestic manufacturing process for all steel or iron products, other construction materials, and manufactured products that are permanently incorporated into Federal-Aid Highway construction projects, including products and materials used for adjustments to utility facilities to allow highway construction. These guidelines are for all federally reimbursable transportation projects where FHWA is the lead federal agency; it does not take precedence over projects where Federal Transit Administration or the Federal Railroad Administration is deemed the be the lead federal agency.&lt;br /&gt;
&lt;br /&gt;
===643.2.19.1 Program Requirements for Utilities===&lt;br /&gt;
All MoDOT projects are federal-aid projects, and therefore, all reimbursable utility adjustments are required to follow the provisions of BABA. More information on MoDOT’s BABA policy and procedures can be found in [[106.9_Buy_America_Requirement|EPG 106.9 Buy America Requirement]]. Specifically, utility owners should be aware of the following procedures for determining applicability of the EPG 106.9 requirements to reimbursable utility adjustments necessary to allow highway construction:&lt;br /&gt;
* BABA does not apply when materials are relocated from one location to another within the project limits.&lt;br /&gt;
* BABA does not apply for materials necessary for temporary utility adjustments assuming materials are removed from the right of way upon completion of the utility adjustment to allow highway construction.&lt;br /&gt;
* Non-reimbursable work must be kept separate from reimbursable work (agreements, permits, etc.) in order to not be subject to BABA.&lt;br /&gt;
&lt;br /&gt;
===643.2.19.2 Certification Requirements for Utilities===&lt;br /&gt;
Utility owners have the option of choosing either to self-certify BABA compliance or provide vendor/manufacturer certification to MoDOT. The method of certification is chosen by the utility owner and is documented in either the MRUA or the project specific agreement. Regardless of agreement type or certification method, the utility owner must be compliant with BABA requirements.&lt;br /&gt;
&lt;br /&gt;
====643.2.19.2.1 BABA Utility Owner Self-Certification====&lt;br /&gt;
If a utility owner chooses to self-certify BABA compliance, the utility owner is not required to provide MoDOT copies of the supplier certification as part of the project documentation or with the final invoice for any reimbursable utility adjustment necessary to allow highway construction. Retention of all documents should be as described in the agreement.&lt;br /&gt;
&lt;br /&gt;
====643.2.19.2.2 BABA Vendor/Manufacturer Certification====&lt;br /&gt;
If a utility owner chooses to use vendor/manufacturer certification, the utility owner will supply MoDOT BABA compliance from all vendors and/or manufacturers. Certification from vendors will be signed by an authorized representative of the vendor on company letterhead or other acceptable documentation and will declare that all supplied materials subject to BABA requirements are fully compliant. Certification from iron or steel manufacturers must be in the form of a mill test report (MTF) issued and signed by the initial fabricator stating the materials subject to BABA were melted and manufactured in the United States. Other written statements on company letter or other acceptable documentation signed by an authorized representative of the manufacturer for any additional treatment to the fabricated material (such as blasting, galvanizing, painting, or coating) will state that all treatment processes occurred in the United States according to FWA guidelines. Retention of all documents should be as described in the agreement. Manufacturer certification for manufactured products or construction materials will state that all materials were sourced from the United States and were fabricated in the United States. Retention of all documents should be as described in the agreement.&lt;br /&gt;
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&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643.4 Railroads (NO CHANGE) &#039;&#039;PAGE TITLE&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;&lt;br /&gt;
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==236.5.12 Excess Land Conveyances &amp;amp; Relinquishments - Utilities==&lt;br /&gt;
All conveyances and relinquishments of Commission-owned property shall be evaluated for the existence of any utility facilities located within the areas to be conveyed or relinquished. A conveyance or relinquishment of Commission-owned property may have implications to the utility facilities, and the utility owners, when the Commission no longer controls the property. It is important to maintain the continuity of utility facilities for the general public; therefore, to identify and minimize potential impacts, MoDOT shall involve utility owners in the conveyance and relinquishment processes.&lt;br /&gt;
&lt;br /&gt;
===236.5.12.1 Excess Land Conveyances Utilities===&lt;br /&gt;
MoDOT shall only recommend that a property be declared excess upon satisfactorily addressing the utility impacts. Whether MoDOT or an external party initiates the conveyance of excess property, utility impacts shall be adequately addressed by using one of the following methods: &lt;br /&gt;
:1. Each utility facility will be relocated by permit into a new utility corridor retained by the Commission.&lt;br /&gt;
:2. Each utility facility will remain in place with the benefit of a non-exclusive permanent utility easement.&lt;br /&gt;
::&#039;&#039;If the Commission holds fee simple title to the property, the Commission shall convey a non-exclusive permanent utility easement to each utility owner&#039;&#039;.&lt;br /&gt;
::&#039;&#039;If the Commission holds a less than fee simple title interest in the property, MoDOT shall facilitate the conveyance of a non-exclusive permanent utility easement from the party acquiring the property to each utility owner&#039;&#039;.&lt;br /&gt;
:3. Each utility facility will be relocated to another portion of the property being conveyed.&lt;br /&gt;
::&#039;&#039;If the Commission holds fee simple title to the property, the Commission shall convey a non-exclusive permanent utility easement to each utility owner&#039;&#039;. &lt;br /&gt;
::&#039;&#039;If the Commission holds a less than fee simple title interest in the property, MoDOT shall facilitate the conveyance of a non-exclusive permanent utility easement from the party acquiring the property to each utility owner&#039;&#039;.&lt;br /&gt;
:4. Each utility facility will be relocated onto a portion of the property already owned by the party acquiring the Commission-owned property, with the benefit of a non-exclusive permanent easement. (MoDOT shall facilitate the conveyance of a non-exclusive permanent utility easement from the party acquiring the property to each utility owner.)&lt;br /&gt;
:5. A three-party negotiated settlement taking into consideration the overall value of the proposed transaction.&lt;br /&gt;
:6. Additional options to address utility impacts may be utilized with approval from the Asst. to the State Design Engineer - Right of Way.&lt;br /&gt;
&lt;br /&gt;
===236.5.12.2 Road Relinquishment Utilities===&lt;br /&gt;
MoDOT shall only recommend the relinquishment of roadways through the [[236.14 Change in Route Status Report|Change in Route Status Report]] upon satisfactorily addressing the impacts to utility facilities. If the roadway will be relinquished to a local public transportation authority, with the intent that it continues to be used as a public roadway, a clause similar to the following shall be included in the deed from the Commission to the local public transportation authority:&lt;br /&gt;
:&#039;&#039;&amp;quot;Grantee, by acceptance of this conveyance, covenants and agrees for itself, its successors and assigns, to allow known or unknown utility facilities currently located on the property, whether of record or not, to remain on the property, and to grant the current and subsequent owners of those facilities the right to maintain, construct and reconstruct the facilities and their appurtenances over, under, and across the land herein conveyed, along with the right of ingress and egress across the land herein conveyed to and from those utilities.&amp;quot;&#039;&#039; &lt;br /&gt;
&lt;br /&gt;
Proposed roadway relinquishments to private entities shall be reviewed in a manner consistent with the conveyance of excess property described in [[236.5 Property Management#236.5.3 Asset Management Committee|EPG 236.5.3 Asset Management Committee]].&lt;/div&gt;</summary>
		<author><name>Hoskir</name></author>
	</entry>
	<entry>
		<id>https://epg.modot.org/index.php?title=User:Hoskir/Revision_Request_4225&amp;diff=58892</id>
		<title>User:Hoskir/Revision Request 4225</title>
		<link rel="alternate" type="text/html" href="https://epg.modot.org/index.php?title=User:Hoskir/Revision_Request_4225&amp;diff=58892"/>
		<updated>2026-06-23T15:47:21Z</updated>

		<summary type="html">&lt;p&gt;Hoskir: /* 643.2.8.1.7 Second Moves */&lt;/p&gt;
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| ● [https://www.ecfr.gov/current/title-23/chapter-I/subchapter-G/part-64523 CFR 645]&lt;br /&gt;
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| ● [https://www.sos.mo.gov/cmsimages/adrules/csr/current/7csr/7c10-3.pdf7 CSR 10-30]&lt;br /&gt;
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&#039;&#039;&#039;Utility Accommodation Policy:&#039;&#039;&#039; State DOTs are required to develop policies and procedures pertaining to the use, accommodation, and/or relocation of public and private utility facilities on highway rights-of way using Federal-aid highway funds. State DOTs are required to develop, maintain, and obtain FHWA approval of their Utility Accommodation Policy (UAP) (23 CFR section 645.215). This EPG article 643 and subarticles 643.1 through 643.3 are Missouri Department of Transportation (MoDOT)’s Utility Accommodation Policy. Text in EPG 643 consolidates various federal and state statutes and rules into a single, cohesive, workable policy to outline processes for MoDOT staff and utility owners.&lt;br /&gt;
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&#039;&#039;&#039;Delegation of Work:&#039;&#039;&#039; Each MoDOT district is responsible for ensuring implementation of the UAP outlined in the subsequent EPG articles. Each district can create its own organization for whom is responsible for the work including between divisions and job titles. Work responsibilities within this article and subarticles are generic where possible. If a specific title is included, that title has sole responsibility for that item of work.&lt;br /&gt;
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[[media:144 Major Highway System 2022.pdf|major routes]]&lt;br /&gt;
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&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643.1 Utility Location  &#039;&#039;PAGE TITLE&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt; &lt;br /&gt;
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The information in this article provides a uniform system for regulating the location, construction, maintenance, removal, and relocation of utility facilities on the right of way of roadways located on the state highway system. It also provides for the facilitation of construction and maintenance of these roadways. Any location or relocation of utility facilities contrary to this information is an interference with the construction, maintenance, or operation of a state highway and its right of way and is prohibited.&lt;br /&gt;
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==643.1.1 Permits==&lt;br /&gt;
All utility owners are required to obtain a permit to work on Missouri Highway and Transportation Commission (Commission) right of way. A permit is required for original installation of the utility facility, on-going maintenance of the utility facility, or adjustments to a utility facility necessary to allow highway construction. Per [[127.29_Stormwater#127.29.4.3_MCM_3:_Illicit_Discharge_Detection_and_Elimination_(IDDE)_Program|EPG 127.29.4.3]], discharges of anything other than stormwater are not permitted. A deposit or bond is required to ensure completion of the work in accordance with the permit issued. An [https://www.modot.org/permits application for a permit] may be made on established forms specifically stating the nature of the work to be performed. Applications for permits may be obtained at any of the [https://www.modot.mo.gov/ seven (7) district highway offices] of the Commission, [https://www.modot.mo.gov/ MoDOT&#039;s website], or by requesting it from the office of the Missouri Highways and Transportation Commission in Jefferson City, Missouri. The application for a permit will specifically state the nature of the work to be performed, what specific type of utility facility is to be installed, and, if necessary, the timeframe of any temporary use. Piping of any type of sewage or waste will only be allowed providing any permitting by a regulatory agency, such as Missouri Department of Natural Resources, can be provided. Prior to obtaining a permit through MoDOT’s permit system, a utility owner will be required to provide a bond to ensure satisfactory work and complete a TR50 Electronic Signature Agreement with the Commission. The name of the utility owner must match on the bond, TR50, and in the permit system. More information on permitting can be found in [[:Category:941_Permits_and_Access_Requests|EPG 941]].&lt;br /&gt;
&lt;br /&gt;
===643.1.1.1 Emergency Work===&lt;br /&gt;
When emergency operations work is necessary, the damaged utility facility may be accessed immediately and without a permit by leaving the pavement at such points as may be necessary to effect emergency repairs, provided immediate notice is given to the Missouri State Highway Patrol and the district utilities staff for the district wherein the work will be performed, and a permit for emergency operations is requested immediately upon discovery of the need for emergency operations. A permit for emergency operations work is to be obtained as soon as practical, but in no event later than two (2) working days after the emergency operations work has commenced. Emergency operations include, but are not limited to, unplanned work in response to utility facilities being so damaged as to constitute an emergency situation directly affecting or endangering traffic on the highway or public health or safety.&lt;br /&gt;
&lt;br /&gt;
===643.1.1.2 Third-Party Inspection===&lt;br /&gt;
When a utility owner has a large number of projects in a given area or projects involving great complexity, MoDOT reserves the right to limit the number of permits open at any given time. With approval of the district utilities staff, a utility owner may hire a third-party inspector, at their cost. The third-party inspector will allow the utility owner to increase the number of permits open at any given time. The responsibility of the third-party inspector will be to ensure the installation of the utility facility proceeds in a manner consistent with the plans approved in the permit, including all work zone requirements and conformity with MoDOT’s Standards and Specifications. The MoDOT approved third-party inspector will be listed in the permit. MoDOT may audit third-party inspections and revoke the right to use third-party inspections should the inspectors fail to perform their duties.&lt;br /&gt;
&lt;br /&gt;
===643.1.1.3 Abandoned Utility Facilities===&lt;br /&gt;
All utility facilities installed in Commission right of way are the property of the utility owner whether the utility facility is active or inactive. MoDOT may allow a utility facility to remain on Commission right of way whether the utility facility was abandoned for a MoDOT project or at the utility owner’s discretion. MoDOT may place requirements (such as removing inactive fiber optic cables, grouting pipes, removing valves) on the utility owner as part of the process of abandoning a utility facility. Liability for damage to Commission right of way due to an abandoned facility remains the responsibility of the utility owner. In the event MoDOT requires the removal of the abandoned utility facility, responsibility for the cost of the removal will be determined per [[#643.2.8_Cost_Responsibility|EPG 643.2.8]].&lt;br /&gt;
&lt;br /&gt;
==643.1.2 Definitions==&lt;br /&gt;
&#039;&#039;&#039;Bridge Attachment:&#039;&#039;&#039; A bridge attachment is any utility facility, including communication lines and electrical lines, or any other utility facility of a similar nature that is fastened to a bridge for the purpose of spanning an obstacle.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Clear zone:&#039;&#039;&#039; The total roadside border area starting at the edge of the traveled way, available for safe use by errant vehicles. This area may consist of a shoulder, a recoverable slope, a non-recoverable slope, and/or the area at the toe of a non-recoverable slope available for safe use by an errant vehicle. Clear zone dimensions are provided in the current edition of American Association of State Highway Transportation Officials Roadside Design Guide.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Ditch Line:&#039;&#039;&#039; A line where the roadway ditch meets the back slope. It is located at the lowest point of a V-bottom ditch or furthest point from the roadway of a flat bottom ditch where the roadway slopes back to the existing ground line.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Duct:&#039;&#039;&#039; An enclosed tubular casing, or raceway, for protecting wires, lines, or cables that is often flexible or semi-rigid (1-3% diametric deflection). The casing, or raceway, is separate from the cable or conductor that passes through it.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Encasement:&#039;&#039;&#039; The term encasement means the placing of an installation around and outside of an underground facility consisting of a larger conduit that permits the removal and replacement of the facility. An alternate to the conduit type encasement is reinforced concrete poured around the utility facility. Utility owners are allowed to use any types of material as a carrier and encasement for its facilities as expressly provided for in the permit issued for the installation of the utility facility.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Freeway:&#039;&#039;&#039; A divided arterial highway with full control of access.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Highway:&#039;&#039;&#039; Any public way for vehicular travel, including the entire area within the right of way and related facilities constructed or improved and maintained by the Missouri Highways and Transportation Commission (MHTC) acting through the Missouri Department of Transportation (MoDOT).&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Interchange Limits:&#039;&#039;&#039; For the uniform handling of utility installations only, the limits of an interchange are the outside ramp curve points. See [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_1_TypicalInterchangeLimits_AOD.pdf EPG Figure 643.1.1] for an example.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Interstate System or Other Freeways/Expressways:&#039;&#039;&#039; Interstate highways and highways with fully controlled access.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Major Routes (Interstates, Freeways/Expressways and Principal Arterials):&#039;&#039;&#039; The major highway system is all routes functionally classified as principal arterials. The principal arterial system provides for statewide or interstate movement of traffic. The major roads in Missouri total approximately 5,500 centerline miles.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Minor Routes:&#039;&#039;&#039; The minor highway system is all routes functionally classified as minor arterials or collectors. These routes mainly serve local transportation needs. The minor roads in Missouri total approximately 28,400 centerline miles.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Normal Right of Way Line:&#039;&#039;&#039; An imaginary line that connects sudden breaks in the major right of way points for roadways. Sight distance right of way points (triangles) at roadway intersections are not to be considered as sudden breaks for determining normal right of way.&lt;br /&gt;
[[File:fig_643.1.2-06_2026.jpg|none|700px|thumb|Figure 643.1.2 Normal Right of Way Line.]]&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Private Lines:&#039;&#039;&#039; Privately owned utility facilities which convey or transmit the commodities outlined in the definition of utility facility of this section but devoted exclusively to private use.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Scenic Enhancement Areas:&#039;&#039;&#039; Scenic enhancement areas include areas acquired or so designated as scenic strips, overlooks, rest areas, recreation areas, and the right of way of adjacent roadways and the right of way of roadways that pass through public parks and historic sites as described under 23 USC 138.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Utility Corridor:&#039;&#039;&#039; An area established for the placement of utility facilities parallel to the normal right of way line.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Utility Facility:&#039;&#039;&#039; Privately, publicly, or cooperatively owned line, facility, or system for producing, transmitting, or distributing communications, cable television, power, electricity, light, heat, gas, oil, crude products, water, steam, waste, storm water not connected with highway drainage or any other similar commodity, including any fire or police signal system or street lighting system which directly or indirectly serves the public and does not include privately owned facilities devoted exclusively to private use. The term &amp;quot;utility facility&amp;quot; includes those facilities used solely by the utility owner that are a part of its operating plant.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Utility Owner:&#039;&#039;&#039; The utility owner is the utility company, inclusive of any wholly owned or controlled subsidiary, or city or county which owns utility facilities. The term also includes those government agencies that lease a utility facility for its own use or otherwise dedicated solely to governmental use.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Variance:&#039;&#039;&#039; A one- (1-) time deviation from the requirements for location or relocation of utility facilities on the right of way of highways in the state highway system as established in [https://www.sos.mo.gov/cmsimages/adrules/csr/current/7csr/7c10-3.pdf Title 7 Code of State Regulations 10-3], requested by the utility, and approved by a MoDOT District Design Engineer.&lt;br /&gt;
&lt;br /&gt;
==643.1.3 Location of Utility Facilities==&lt;br /&gt;
Utility facilities paralleling the roadway should be installed in the utility corridor except as outlined below. The utility corridor is the space for all utility owners generally within six feet (6’) of the normal right of way line. When considering if the current utility corridor is available to expand from six feet (6’) to as much as twelve feet (12’), MoDOT determines if the expansion is warranted. In making the determination, MoDOT will consider the existing utilization of the original six feet (6’) corridor. Poles must remain within two feet (2’) of the normal right of way line unless approved by a variance. The utility corridor will only be expanded beyond six feet (6’) if the original six feet (6’) corridor is fully utilized and additional space would be required to accommodate additional utility facilities. Acquisition of additional right of way to establish a twelve feet (12’) corridor is not required on highway construction projects. For depths for underground utility facilities, see [[#643.1.4.1_Minimum_Cover_for_Underground_Facilities|EPG 643.1.4.1]].&lt;br /&gt;
&lt;br /&gt;
Utility facilities crossing the roadway should be installed as close to ninety degrees (90°) to the centerline of the roadway as possible and based on the guidelines below depending on the type of roadway. See [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_3_TypicalUtilityCorridor-InterchangeatMajorRoute_AOD.pdf EPG Figure 643.1.3] and [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_4_TypicalUtilityCorridor-InterchangeatMinorRoute_AOD.pdf EPG Figure 643.1.4] for typical utility corridors around interchanges.&lt;br /&gt;
&lt;br /&gt;
===643.1.3.1 Interstate System or Other Major Freeways/Expressways===&lt;br /&gt;
The installation of all utility facilities on highways of the Interstate System or other major freeways/expressways with fully controlled access are to be installed, serviced, and maintained without entering or leaving the roadway and ramps except at points approved by MoDOT for that purpose and without parking any equipment or storing materials upon the medians, roadway and ramps, or shoulders of the roadways. Cutting or damaging the pavement or paved shoulders is not permitted. New service connections to existing parallel utility facilities are to be permitted only where an outer roadway exists and then only where access is permitted by the Commission. Careful consideration will be given to the location of guys, anchors, braces, and other supports. Generally, good design practice will provide that appurtenances be located at right of way jogs, along intersecting road right of way, or at other similar acceptable locations, so that encroachment is held to an absolute minimum.&lt;br /&gt;
&lt;br /&gt;
No utility facilities will be permitted within the interchange limits of an interchange between fully limited access highways where planned or existing. Utility facilities within the interchange limits of an interchange with a non-access controlled highway will be permitted only along the minor road, provided that all construction, service, and maintenance can be performed from the minor road. Manholes and poles must be located beyond the ramp termini.&lt;br /&gt;
&lt;br /&gt;
For structures carrying or over interstates or other major freeways/expressways, see [[#643.1.5_Bridge_Attachment_Policy|EPG 643.1.5]].&lt;br /&gt;
&lt;br /&gt;
====643.1.3.1.1 Utility Facilities Crossing the Interstate or Other Major Freeways/Expressways====&lt;br /&gt;
=====643.1.3.1.1.1 Overhead Crossings of the Interstate or Other Major Freeways/Expressways=====&lt;br /&gt;
Overhead crossings of utility facilities are permitted only for power transmission and distribution lines and for multiple circuit communication lines where an underground installation is not economically feasible. Supports for existing utility facilities crossing overhead may remain on the right of way provided they are near the right of way line regardless of the presence of an outer road. Supports for new overhead utility facilities crossing overhead may be located on the right of way near the right of way line where an outer roadway exists and are to be located off the right of way where no outer roadway exists. Overhead service crossings are only permitted in isolated cases for residential or commercial establishments when the denial of the crossing would require construction of more than 1,200 feet (1,200’) of utility line to provide the service. Main or distribution line crossings are required to serve a general area other than isolated cases.&lt;br /&gt;
&lt;br /&gt;
=====643.1.3.1.1.2 Underground Crossings of the Interstate or Other Major Freeways/Expressways=====&lt;br /&gt;
Underground crossings of utility facilities are to be continuously encased under the pavement, medians, ramps, and shoulders with the casing extending to the toe of the fill slopes or to the ditch line. In curbed sections, encasement should extend outside the outer curb of the roadways a distance equal to the depth of the encasement at the curb line. Where installed by open trench through unpaved areas, detector tape should be placed approximately one foot (1&#039;) above the encasement. Where an interstate or other major freeway has a parallel outer roadway, encasement should be continuous under all roadways within the right of way.&lt;br /&gt;
&lt;br /&gt;
Manholes or vent pipes are to be located at the right of way line or adjacent to the outer roadway.&lt;br /&gt;
&lt;br /&gt;
For fiber optic cable, encasement should extend from within six feet (6&#039;) of one right of way line to within six feet (6&#039;) of the other right of way line.&lt;br /&gt;
&lt;br /&gt;
Exceptions may be made for encasement as listed in [[#643.1.4.2_Exceptions_to_Encasement|EPG 643.1.4.2]].&lt;br /&gt;
&lt;br /&gt;
=====643.1.3.1.1.3 Parallel Installations along the Interstate or Other Major Freeways/Expressways=====&lt;br /&gt;
New parallel installations on the right of way may be permitted only where an outer roadway exists, provided that poles are within two feet (2&#039;) of the normal right of way line and underground utility facilities are within the utility corridor, and provided that the utility facility can be installed and maintained between the outer roadway and the right of way line. Existing overhead or underground utility facilities that parallel an existing roadway which will be incorporated into a completed highway as an outer roadway may remain in place if all maintenance and service can be performed from an outer roadway and the existing location does not interfere with construction, maintenance, or operation of the completed highway. If an existing parallel utility facility needs to be relocated so as to not interfere with the construction, maintenance, or operation of the completed interstate or other major freeway, poles may be located withing five feet (5’) of the right of way line.&lt;br /&gt;
&lt;br /&gt;
Underground utility facilities are expected to be buried within the utility corridor of sight distance triangles (SDTs) at roadway intersections unless granted a variance. Overhead utility facilities may be allowed to span intersecting roadways with SDTs provided the poles, or supports, are located outside the SDT.&lt;br /&gt;
&lt;br /&gt;
=====643.1.3.1.1.4 Sanitary Sewers within the Right of Way of Interstates or Other Major Freeways/Expressways=====&lt;br /&gt;
New installations of sanitary sewers should follow the applicable guidelines for either underground crossings or parallel installations as appropriate. Existing gravity trunk sanitary sewers should be considered individually and removed or left in place contingent upon its age, condition, feasibility of moving, and maintenance access. Encasement of existing trunk sewers left in place may be required for questionable condition, protection during construction, or heavy fills.&lt;br /&gt;
&lt;br /&gt;
Manholes should be relocated to the right of way lines or adjacent to an outer roadway.&lt;br /&gt;
&lt;br /&gt;
===643.1.3.2 Major Routes===&lt;br /&gt;
For structures carrying or over major routes, see [[#643.1.5_Bridge_Attachment_Policy|EPG 643.1.5]].&lt;br /&gt;
&lt;br /&gt;
====643.1.3.2.1 Major Routes with Partially Controlled Access Right of Way====&lt;br /&gt;
The installation of all utility facilities on highways with partially controlled access right of way are to be installed, serviced, and maintained without entering or leaving the roadway and ramps except at points approved by MoDOT for that purpose and without parking any equipment or storing materials upon the medians, roadway and ramps, or shoulders of the roadways. Cutting or damaging the pavement or paved shoulders is not permitted. Equipment or materials stored within the right of way must be protected by longitudinal barrier or be located outside the clear zone. New service connections to existing parallel utility facilities are to be permitted only where granted by the Commission.&lt;br /&gt;
&lt;br /&gt;
No utility facilities will be permitted within the interchange limits of an interchange between fully limited access highways where planned or existing. Utility facilities within the interchange limits of an interchange with a non-access controlled highway will be permitted only along the minor road, provided that all construction, service, and maintenance can be performed from the minor road. Manholes and poles must be located beyond the ramp termini.&lt;br /&gt;
&lt;br /&gt;
====643.1.3.2.2 Major Routes with Normal Access Right of Way====&lt;br /&gt;
All new utility facilities will be installed and maintained without cutting or damaging the pavement or paved shoulders except in the event underlying rock formations or other obstructions are encountered that prevent boring or pushing operations. A variance may be granted for pavement cuts when the need is established. Pavement cuts may only be made by permits issued when it is impractical to otherwise service and maintain the facility. The installation of all utility facilities is to be installed without parking any equipment or storing materials upon the medians, roadway and ramps, or shoulders of the roadways. Equipment or materials stored within the right of way must be protected by longitudinal barrier or be located outside the clear zone.&lt;br /&gt;
&lt;br /&gt;
====643.1.3.2.3 Utility Facilities Crossing Major Routes====&lt;br /&gt;
=====643.1.3.2.3.1 Overhead Crossings of Major Routes=====&lt;br /&gt;
Supports for utility facilities crossing overhead should be located as near the right of way line as possible. For major routes with controlled access right of way, new overhead service crossings may be permitted in isolated cases for residential or commercial establishments where the denial of such crossings would require the construction of more than 1,200 feet (1,200’) of utility line to provide the same service. For major routes with normal access right of way, there is no restriction on the placement of service crossings.&lt;br /&gt;
&lt;br /&gt;
=====643.1.3.2.3.2 Underground Crossings of Major Routes=====&lt;br /&gt;
Underground crossings of utility facilities are to be continuously encased under the pavement, medians, ramps, and shoulders with the casing extending to the toe of the fill slopes or to the ditch line. In curbed sections, encasement should extend outside the outer curb of the roadways a distance equal to the depth of the encasement at the curb line. Where installed by open trench through unpaved areas, detector tape should be placed approximately one foot (1&#039;) above the encasement. Where a major route has a parallel outer roadway, encasement should be continuous under all roadways within the right of way.&lt;br /&gt;
&lt;br /&gt;
Manholes or vent pipes are to be located at the right of way line or adjacent to the outer roadway.&lt;br /&gt;
&lt;br /&gt;
For fiber optic cable, encasement should extend from within six feet (6&#039;) of one right of way line to within six feet (6&#039;) of the other right of way line.&lt;br /&gt;
&lt;br /&gt;
Exceptions may be made for encasement as listed in [[#643.1.4.2_Exceptions_to_Encasement|EPG 643.1.4.2]].&lt;br /&gt;
&lt;br /&gt;
====643.1.3.2.4 Parallel Installations along Major Routes====&lt;br /&gt;
New parallel installations on the right of way may be permitted provided that poles are within two feet (2&#039;) of the normal right of way line and underground utility facilities are within the utility corridor. Existing overhead or underground utility facilities that parallel an existing roadway which will be incorporated into a completed highway may remain in place if all maintenance and service can be performed without entering or leaving the roadway except at approved access points; without parking equipment or storing materials on the median, pavement, ramps, or shoulders; and the existing location does not interfere with construction, maintenance, or operation of the completed highway. If an existing parallel utility facility needs to be relocated so as to not interfere with the construction, maintenance, or operation of the completed highway, poles may be located withing five feet (5’) of the right of way line.&lt;br /&gt;
&lt;br /&gt;
Existing steel pipe transmission and distribution facilities for gaseous petroleum products that parallel an existing roadway that will be incorporated into the completed roadway may be left in place subject to an agreement by the utility owner that maintenance or service and facility expansion will be performed without cutting or damaging the pavement or interfering with the construction, maintenance, and operation of the highway and provided that the facility is cathodically protected against corrosion and meets the applicable material requirements.&lt;br /&gt;
&lt;br /&gt;
Underground utility facilities are expected to be buried within the utility corridor of sight distance triangles (SDTs) at roadway intersections unless granted a variance. Overhead utility facilities may be allowed to span intersecting roadways with SDTs provided the poles, or supports, are located outside the SDT.&lt;br /&gt;
&lt;br /&gt;
====643.1.3.2.5 Sanitary Sewers within the Right of Way of Major Routes====&lt;br /&gt;
New installations of sanitary sewers should follow the applicable guidelines for either underground crossings or parallel installations as appropriate. An existing gravity trunk sanitary sewer should be considered individually and removed or left in place contingent upon its age, condition, feasibility of moving, and maintenance access. If an existing parallel gravity main is left in place within the limits of the paved surface, paved shoulder lines, or curb lines, stub mains as required will be laid between the sewer main and curb or shoulder lines for future service connections in each block. Manholes should be relocated outside the traveled roadway as near the right of way line as practical.&lt;br /&gt;
&lt;br /&gt;
===643.1.3.3 Minor Routes===&lt;br /&gt;
For structures carrying or over minor routes, see [[#643.1.5_Bridge_Attachment_Policy|EPG 643.1.5]].&lt;br /&gt;
&lt;br /&gt;
====643.1.3.3.1 Utility Facilities Crossing Minor Routes====&lt;br /&gt;
=====643.1.3.3.1.1 Overhead Crossings of Minor Routes=====&lt;br /&gt;
Existing overhead crossings that interfere with construction, maintenance, or operation should be relocated with their supports as near the right of way line as is practical. New overhead crossing installations should be located with their supports as near the right of way line as is practical.&lt;br /&gt;
&lt;br /&gt;
=====643.1.3.3.1.2 Underground Crossings of Minor Routes=====&lt;br /&gt;
All new utility facilities should be installed and maintained without cutting or damaging the pavement or paved shoulders. A variance may be granted for pavement cuts when servicing and maintaining the facility by any other methods is impractical. Pavement cuts may only be made by permits issued. Underground crossings of utility facilities are to be continuously encased under the pavement, medians, ramps, and shoulders with the casing extending to the toe of the fill slopes or to the ditch line. In curbed sections, encasement should extend outside the outer curb of the roadways a distance equal to the depth of the encasement at the curb line. Where installed by open trench through unpaved areas, detector tape should be placed approximately one foot (1&#039;) above the encasement.&lt;br /&gt;
&lt;br /&gt;
Manholes or vent pipes are to be located at the right of way line or adjacent to the outer roadway.&lt;br /&gt;
&lt;br /&gt;
For fiber optic cable, encasement should extend from within six feet (6&#039;) of one right of way line to within six feet (6&#039;) of the other right of way line.&lt;br /&gt;
&lt;br /&gt;
Exceptions may be made for encasement as listed in [[#643.1.4.2_Exceptions_to_Encasement|EPG 643.1.4.2]].&lt;br /&gt;
&lt;br /&gt;
====643.1.3.3.2 Parallel Installations along Minor Routes====&lt;br /&gt;
New parallel installations on the right of way may be permitted provided that poles are within two feet (2&#039;) of the normal right of way line and underground utility facilities are within the utility corridor. Existing overhead or underground utility facilities that parallel an existing roadway which will be incorporated into a completed highway may remain in place if all maintenance and service can be performed without entering or leaving the roadway except at approved access points; without parking equipment or storing materials on the median, pavement, ramps, or shoulders; and the existing location does not interfere with construction, maintenance, or operation of the completed highway. If an existing parallel utility facility needs to be relocated so as to not interfere with the construction, maintenance, or operation of the completed highway, poles may be located within five feet (5’) of the right of way line.&lt;br /&gt;
&lt;br /&gt;
Underground utility facilities are expected to be buried within the utility corridor of sight distance triangles (SDTs) at roadway intersections unless granted a variance. Overhead utility facilities may be allowed to span intersecting roadways with SDTs provided the poles, or supports, are located outside the SDT.&lt;br /&gt;
&lt;br /&gt;
====643.1.3.3.3 Sanitary Sewers within the Right of Way of Minor Routes====&lt;br /&gt;
New installations of sanitary sewers should follow the applicable guidelines for either underground crossings or parallel installations as appropriate. An existing gravity trunk sanitary sewer should be considered individually and removed or left in place contingent upon its age, condition, feasibility of moving, and maintenance access. If an existing parallel gravity main is left in place within the limits of the paved surface, paved shoulder lines, or curb lines, stub mains as required will be laid between the sewer main and curb or shoulder lines for future service connections in each block. Manholes should be relocated outside the traveled roadway.&lt;br /&gt;
&lt;br /&gt;
===643.1.3.4 Roundabouts===&lt;br /&gt;
Regardless of roadway type, it is desirable to avoid locating utility facilities and their access points within the circulatory roadway. If possible, utility facilities are located in the legs of the roundabout to allow for future maintenance and access at an isolated leg versus affecting the entire roundabout. See [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_5_TypicalLocationofUtilityFacilitiesnearRoundabouts_AOD.pdf EPG Figure 643.1.5] for an example.&lt;br /&gt;
&lt;br /&gt;
===643.1.3.5 Utility Facilities in Scenic Enhancement Areas===&lt;br /&gt;
All existing utility facilities within the limits of a scenic enhancement area requiring adjustment because of construction or reconstruction will be placed underground or relocated beyond the limits of the scenic enhancement area. No new above ground facilities will be permitted. New underground facilities will be permitted provided they do not extensively alter or impair the appearance of the area.&lt;br /&gt;
&lt;br /&gt;
==643.1.4 Installation of Utility Facilities==&lt;br /&gt;
The following sections provide information on the physical installation of utility facilities within highway right of way.&lt;br /&gt;
&lt;br /&gt;
===643.1.4.1 Minimum Cover for Underground Facilities===&lt;br /&gt;
The minimum cover for new underground utilities is:&lt;br /&gt;
* Forty-two inches (42”) for all water lines (parallel and crossings).&lt;br /&gt;
* Forty-two inches (42”) for fiber optic cable (crossings encased in rigid conduit).&lt;br /&gt;
* Seventy-two inches (72”) for fiber optic cable (crossings encased in polyethylene (PE) pipe).&lt;br /&gt;
* Thirty inches (30”) for direct burial and in trench fiber optic cable (parallel).&lt;br /&gt;
* Twenty-four inches (24”) for all other direct burial copper or coaxial cable, (parallel).&lt;br /&gt;
* Seventy-two inches (72”) for uncased polyethylene (PE) gas pipe crossings under ditches and roadways but thirty inches (30”) elsewhere.&lt;br /&gt;
* Thirty inches (30”) for all other (such as, but not limited to, gravity sewers, forced sewers, and electric) underground utilities (both parallel and crossing).&lt;br /&gt;
&lt;br /&gt;
===643.1.4.2 Exceptions to Encasement===&lt;br /&gt;
Exceptions may be made for encasement as follows:&lt;br /&gt;
* Non-fiber communication or electric cables installed in ducts.&lt;br /&gt;
* Welded steel pipelines carrying gaseous or liquid petroleum products - provided they are cathodically protected against corrosion, triple-coated in accordance with accepted pipeline construction standards, and meet applicable material requirements.&lt;br /&gt;
* Natural gas distribution pipe (nominal six-inch (6”) diameter maximum) of polyethylene (PE) plastic, traceable, installed by a horizontal bore method at a minimum depth of seventy-two inches (72”) under ditches and roadways, constructed in accordance with and meeting applicable material requirements.&lt;br /&gt;
* Gas service connections protected and constructed in accordance with and meeting applicable material requirements.&lt;br /&gt;
* Encasement is not required for new trunk sanitary sewer crossings of vitrified clay, reinforced concrete or cast iron except when installation procedures would produce voids in the roadbed, heavy fills, or installations under pressure.&lt;br /&gt;
&lt;br /&gt;
===643.1.4.3 Above Ground or Ground Level Appurtenances===&lt;br /&gt;
Appurtenances protruding more than four inches (4”) above the ground line should be located outside the clear zone. If no feasible alternative exists and if permitted by a variance, appurtenances may be allowed within the clear zone if they meet breakaway criteria or will be shielded by a traffic barrier. Good design practice will provide that appurtenances be located at right of way jogs, along intersecting road right of way, or at other similar acceptable locations, so that encroachment is held to an absolute minimum. Cables, wires, small diameter pipes, and other such utility appurtenances extending from the surface of the ground should be equipped with covers or guards to improve their visibility. Appurtenances within sidewalks or street level pedestrian access routes are to be in conformance with the Americans with Disabilities Act requirements.&lt;br /&gt;
&lt;br /&gt;
The maximum pull box width perpendicular to the right of way line within the utility corridor is thirty inches (30”).&lt;br /&gt;
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===643.1.4.4 Overhead Utility Facilities===&lt;br /&gt;
The vertical clearance of new or existing overhead installations will not be less than the current minimum requirements of the National Electric Safety Code, but in no case less than eighteen feet (18’) inclusive of sag above the groundline for electrical facilities. Clearance may be reduced for overhead installations of cable, telephone, or fiber optic facilities.&lt;br /&gt;
A minimum radial clearance of twenty-five feet (25’) is provided from any utility facility to the nearest part of any bridge structure. A minimum radial clearance of ten feet (10’) is provided from the nearest charged electrical line to a MoDOT signal, lighting, ITS, or overhead sign structure.&lt;br /&gt;
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===643.1.4.5 Approved Materials===&lt;br /&gt;
Utility owners are allowed to use any material for underground utility facilities including carrier and encasement provided they accept responsibility for any future repairs and/or replacement of damaged MoDOT facilities should a failure occur. This will allow the use of current technology and procedures to provide the best value to its subscribers and the taxpayers of Missouri. For materials that MoDOT also uses in its highway system, utility owners must provide materials that meet the current [https://www.modot.org/missouri-standard-specifications-highway-construction Missouri Standard Specifications for Highway Construction]. For materials not listed in the Missouri Standard Specifications for Highway Construction, the utility owner should provide documentation of the standards used to determine suitability of the material.&lt;br /&gt;
&lt;br /&gt;
===643.1.4.6 Cutting===&lt;br /&gt;
In the event permission is granted to cut an existing concrete or asphalt pavement or sidewalk, the appropriate provisions below should be followed.&lt;br /&gt;
&lt;br /&gt;
====643.1.4.6.1 Pavement====&lt;br /&gt;
All pavement cuts should be made with a saw to the full depth of the pavement. The width of the cut is typically determined by the width of the trench plus a minimum one foot (1’) on each side of the trench. In the event the distance to any adjacent longitudinal or transverse joint or crack is less than four feet (4’), the pavement must be removed to the joint or crack. Cuts for perpendicular service tie-ins should be a minimum of three feet (3’) wide. Longitudinal main installations are typically cut at a minimum of half the lane width, but in no instance should the cut be along the wheel path of the lane.&lt;br /&gt;
[[File:fig_643.1.6-06_2026.jpg|800px|none|thumb|Figure 643.1.6 Pavement Repair Dimension Requirements.]]&lt;br /&gt;
&lt;br /&gt;
The utility facilities should be placed in a location with the least impact to the roadway. Typically, this leads to placement in the shoulder when available followed by the two-way left turn lane (TWLTL), and then outside lanes before allowing placement in interior through lanes. Lane switching should be kept to a minimum and should not be used to minimize repair sizes. Cuts for mains or service leads that may not be perpendicular to the roadway should be squared-off.&lt;br /&gt;
&lt;br /&gt;
Replacement of cut pavement should be full depth concrete in accordance with the current version at the time of installation of Section 613.10 Full Depth Pavement Repairs of the Missouri Standard Specifications for Highway Construction and the Missouri Standard Plans for Highway Construction. If the area of the pavement repair is not to be fully resurfaced all joints including the overcut from the sawing operation should be filled with an expansive mortar, epoxy, polyester, or joint material as approved by the Engineer in accordance with Section 1057 of the Missouri Standard Specifications for Highway Construction.&lt;br /&gt;
&lt;br /&gt;
====643.1.4.6.2 Pedestrian Access Routes====&lt;br /&gt;
All cuts in the pedestrian access routes whether asphalt or concrete should be made by saw and be the full depth of the material. Entire slabs of concrete sidewalk should be removed. Repair of the pedestrian access route must meet Americans with Disability Act requirements, see [[:Category:642_Pedestrian_Facilities|EPG 642]]. Cuts through curb ramps or detectable warning areas are not permitted. Rather the entire curb ramp or detectable warning area must be removed and replaced. MoDOT district ADA contacts can help ensure ADA compliance of impacted pedestrian access routes.&lt;br /&gt;
&lt;br /&gt;
===643.1.4.7 Non-disturbance Areas===&lt;br /&gt;
MoDOT has certain areas of right of way where mowing, spraying, digging, or other vegetation disturbance activities are restricted. These areas have been established to mitigate the environmental impacts of a previous project and should be avoided. If the areas cannot be avoided, contact MoDOT’s Environmental Section.&lt;br /&gt;
&lt;br /&gt;
==643.1.5 Bridge Attachment Policy==&lt;br /&gt;
No utility facility will be permitted in or on a structure carrying an interstate or other freeway unless it is part of a federal requirement or for MoDOT’s use. When the structure carries any other road type and no other practical means exists for the crossing, wires (communication, electrical, fiber, or metal) will be permitted. Electrical lines must be located to cause minimum exposure to MoDOT maintenance personnel and the public. Pressurized pipelines for gas or other petroleum products and water and all sewer lines are prohibited on all structures due to the risks associated with their failure.&lt;br /&gt;
&lt;br /&gt;
===643.1.5.1 Agreement===&lt;br /&gt;
An agreement is required for all utility facilities attached to any structure. A charge will be made for the increased maintenance costs involved. This fee is set by the Bridge Division. When permitted, a 50-year occupational agreement is executed with the utility owner. Agreement BR04 Utility Attachment Agreement is used when an attachment is added to a bridge during its construction. Agreement BR09 Bridge Attachment Agreement is used when an attachment is added to an existing bridge.&lt;br /&gt;
&lt;br /&gt;
===643.1.5.2 Requests===&lt;br /&gt;
Requests to attach facilities to structures is a multi-step process. Bridge Division is responsible for approval of the bridge attachment. If at any point in the process, Bridge Division determines the attachment to be unacceptable, a reason is to be provided.&lt;br /&gt;
&lt;br /&gt;
To start, the utility owner submits a conceptual request to the district utilities staff. The conceptual request consists of an explanation of the proposal; a general location sketch (i.e., which side of the bridge); and details on the facility, length, and weight per foot when full. The district utilities staff should work with all relevant district personnel including the District Bridge Engineer in reviewing and recommending the attachment. The district utilities staff will submit the recommended details to the Bridge Division to determine the applicable costs including future maintenance costs and for attachments to new bridges, design and construction. Once the Bridge Division has determined the cost, the district utilities staff shares the cost with the utility owner for their concurrence with furthering the process. For new bridges, if the utility owner concurs with the costs, the district utility staff will prepare the BR04 Agreement for execution by the utility owner and the Commission. MoDOT will be responsible for the design and construction of attachments to new bridges. For existing bridges, the district utilities staff will forward the applicable as-built bridge plans to the utility owner for its use in designing the bridge attachment. The utility owner will provide detailed design drawings, signed and sealed by a professional engineer in the State of Missouri, to the district utilities staff for review. The district utilities staff should work with all relevant district personnel, including the District Bridge Engineer, in reviewing and recommending the details of the attachment to the Bridge Division. Once Bridge Division approves, the Bridge Division will prepare the BR09 Agreement for execution by the utility owner and the Commission. The utility owner is responsible for the construction of attachments to existing bridges. A flow chart, [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_7_BridgeAttachementProcess_AOD.pdf EPG Figure 643.1.7], of the process is available.&lt;br /&gt;
&lt;br /&gt;
Payment from the utility owner for the attachment will be sent to Financial Services by district utilities staff. For BR04 agreements, district utilities staff should discuss with Financial Services how to get the payment credited to the project constructing the attachment. For BR09 agreements, district utilities staff should copy Bridge Division on correspondence with Financial Serves. Checks should be made payable to Director of Revenue, Credit State Road Fund.&lt;br /&gt;
&lt;br /&gt;
For requests from government entities such as cities, counties, and other municipalities, the requested information should be submitted to Bridge Division as described above. However, the district utilities staff will take the lead in preparing the DE10 County Agreement or DE11 Municipal Agreement, as applicable, with input from Bridge Division and Bridge Maintenance. All fees are waived for government entities.&lt;br /&gt;
&lt;br /&gt;
===643.1.5.3 Considerations===&lt;br /&gt;
The following considerations are made in determining the acceptability of a bridge attachment. Unique situations will be discussed with the Bridge Division as required.&lt;br /&gt;
&lt;br /&gt;
====643.1.5.3.1 Bridge Asset Management Program====&lt;br /&gt;
Requests for bridge attachments should be reviewed for consistency with the district’s upcoming bridge asset management program needs. If a structure is due for rehabilitation or replacement in the near future, information should be provided to the utility owner indicating existing remaining life of the bridge. In some instances, it may be in MoDOT’s best interest to deny the request for attachment outright. In some instances, the utility owner may still choose to pursue the short-term attachment to the existing structure. In almost all cases, the utility owner is responsible for the cost of removing and/or relocating their utility facilities for a necessary repair, widening, improvement or reconstruction of the structure. Review existing agreements for cost responsibility for current attachments.&lt;br /&gt;
&lt;br /&gt;
====643.1.5.3.2 Aesthetics====&lt;br /&gt;
In reviewing a request for a bridge attachment, how the structure is viewed by the public will be considered. For example, is the structure over a scenic stream that is extensively used by canoeists, or does the structure span a road that may provide access to a park, campgrounds, or boat launching facilities? Is the structure a grade separation where the motoring public will see the attachment before they pass under it?&lt;br /&gt;
&lt;br /&gt;
====643.1.5.3.3 Method of Attachment====&lt;br /&gt;
In order to maintain structural integrity of any structures the following requirements will apply for attachments.&lt;br /&gt;
&lt;br /&gt;
=====643.1.5.3.3.1 Welding=====&lt;br /&gt;
Welding of hardware to structural steel members (i.e., flanges, webs, stiffeners, and diaphragms) whether in tension or compression is not permitted.&lt;br /&gt;
&lt;br /&gt;
=====643.1.5.3.3.2 Drilling=====&lt;br /&gt;
Drilling holes in any structural steel member is not permitted. Drilling holes for anchors into any prestressed concrete member is not permitted. Although permitted, drilling holes for anchors into the underside of bridge decks must be done with caution. It is recommended all anchors be installed to miss deck reinforcing steel. Generally, drilling into decks will not be allowed where sonotubes were used (voided slab bridges). The depth of the holes should be such that breaking out of the concrete on the top side of the deck does not occur.&lt;br /&gt;
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=====643.1.5.3.3.3 Corrosion=====&lt;br /&gt;
Attachment hardware will be new, properly coated to prevent corrosion or be of a non-corrosive material, and be designed to support the facility.&lt;br /&gt;
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====643.1.5.3.4 Location====&lt;br /&gt;
In general, attachments are made on the underneath side of the bridge deck. The condition of the bridge deck will dictate the location of the attachment supports. An exception may be attachments to trusses or other overhead structures.&lt;br /&gt;
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Attachments that may require manholes in bridge decks are not allowed.&lt;br /&gt;
&lt;br /&gt;
When attachments are required to structures over streams that may carry large drifts, they must be attached to the downstream side of the structure and above the lowest superstructure element. It is preferred to locate the attachment on the outside of the exterior girder. If aesthetics are a concern, a better appearance can be achieved by having the attachment made to the inside of the exterior girder and above the bottom of the lower flange to hide the conduit and the attaching hardware.&lt;br /&gt;
&lt;br /&gt;
Placement of utilities must not prevent the removal of old paint, the application of new paint on superstructure steel, or cause debris buildup, which could cause structural deterioration.&lt;br /&gt;
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====643.1.5.3.5 Construction and Maintenance====&lt;br /&gt;
If the attachment cannot be built while maintaining one (1) lane of traffic on the structure, it will not be allowed.&lt;br /&gt;
&lt;br /&gt;
Construction procedures that severely impact traffic may factor into the allowable location of the attachment on the structure.&lt;br /&gt;
&lt;br /&gt;
When scaffolding is to be attached or supported by bridge rails, bridge superstructure, or bridge substructure, the procedures for construction of the attachment must be reviewed.&lt;br /&gt;
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The utility owner or local entity will pay for, or be responsible for, the painting of the attachment, if necessary, when the bridge requires painting.&lt;br /&gt;
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==643.1.6 Private Lines==&lt;br /&gt;
Private lines are permitted to cross the right of way of a highway in the same manner as outlined for all utility facilities in above sections of this article. Parallel installations along the right of way of a highway are not permitted. Special conditions at a specific location that make adherence to this policy impractical will be submitted to the Chief Engineer for consideration of an acceptable alternative. In certain situations, it may be necessary to obtain approval from the Federal Highway Administration (FHWA) before approval to use the alternative can be given to the private utility owner.&lt;br /&gt;
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==643.1.7 Water and Sewer Separations==&lt;br /&gt;
The Missouri Department of Natural Resources (MoDNR) Safe Drinking Water Commission via 10 CSR 60-10 and Clean Water Commission via 10 CSR 20-8 govern the design of water and sewer lines in the vicinity of one another. Basic criteria are outlined below for information, and details are contained within the regulations. MoDOT is not responsible for providing or acquiring adequate right of way for utility owners to comply with MoDNR requirements.&lt;br /&gt;
&lt;br /&gt;
===643.1.7.1 Water and Sewer Separations===&lt;br /&gt;
====643.1.7.1.1 Horizontal====&lt;br /&gt;
Sanitary and storm sewers are to be laid at least ten feet (10’) horizontally measured from outside edge to outside edge from any existing or proposed water main. In cases where it is not practical to maintain ten feet (10’) of separation, installation of the water main closer to the sewer is acceptable where the water main is installed in a separate trench or on an undisturbed earth shelf located on one (1) side of the sewer at an elevation so the bottom of the water main is at least eighteen inches (18”) above the top of the sewer.&lt;br /&gt;
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===643.1.7.2 Crossings===&lt;br /&gt;
Water mains are to be laid to provide a minimum vertical distance of eighteen inches (18”) vertically measured outside edge to edge from sanitary or storm sewers. This is the case whether the water main is above or below the sewer. One (1) full length of water pipe must be located so both joints will be as far from the sanitary or storm sewer line as possible. Special structural support for the water main or sanitary or sewer main may be required.&lt;br /&gt;
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===643.1.7.3 Exception===&lt;br /&gt;
When it is impossible to obtain proper horizontal and vertical separation as stipulated, the sewer will be designed and constructed equal to water pipe and will be pressure-tested to assure it is watertight prior to backfilling.&lt;br /&gt;
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===643.1.7.4 Water Supply Interconnections===&lt;br /&gt;
No physical connection is permitted between a public or private potable water supply system and any sanitary or storm sewer or appurtenance that would permit the passage of any sewage or polluted water into the water supply. No water pipe is permitted to pass through or come in contact with any part of a sanitary sewer manhole.&lt;br /&gt;
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===643.1.7.5 Water Works Structures===&lt;br /&gt;
Sewers are not permitted to be installed within fifty feet (50’) in any direction from any existing or proposed public water supply well or other water supply sources or structures.&lt;br /&gt;
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==643.1.8 Variances==&lt;br /&gt;
Occasionally, it is impractical to locate a utility facility in accordance with requirements outlined in this article. MoDOT may consider a utility owner’s request for a variance from these requirements on a case-by-case basis. The utility owner should complete a [https://epg.modot.org/forms/general_files/DE/UtilityVarianceApprovalForm.docx Utility Variance Approval Form] to be submitted to MoDOT for consideration. Variances on the Interstate System require approval of the Federal Highway Administration (FHWA). A flow chart, [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_8_VarianceApprovalProcess.pdf EPG Figure 643.1.8], of the variance process is available.&lt;br /&gt;
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A variance will not be permitted just for the convenience of the utility owner. The utility owner requesting a variance must provide all necessary information to properly evaluate if a variance should be approved. For example, a utility owner requesting a variance because “the utility corridor is full” must explore all reasonable options. It is suggested that the requestor pothole the existing utility corridor to confirm the location of existing utility facilities and provide that data to support the need to locate outside of the utility corridor due to its congestion.&lt;br /&gt;
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===643.1.8.1 Variance Process===&lt;br /&gt;
Any utility owner of a public utility facility may apply for a variance. The process for requesting a variance is as follows:&lt;br /&gt;
&lt;br /&gt;
====643.1.8.1.1 Submittal Requirements====&lt;br /&gt;
Utility owners submit to the district utilities staff a written request for a variance using the [https://epg.modot.org/forms/general_files/DE/UtilityVarianceApprovalForm.docx Utility Variance Approval Form]. The utility owner must clearly show the provision(s) or guideline(s) for which the variance is being requested; the condition(s) which the utility owner believes warrant(s) the granting of a variance; a thorough explanation of the reason(s) for the requested variance, including sufficient and appropriate documentation of safety, aesthetic, or constructability constraints that would be adverse to the function, access, or maintenance of the utility facility and not in the best interest of the public.&lt;br /&gt;
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====643.1.8.1.2 MoDOT Consideration of Variance Request====&lt;br /&gt;
The utility owner bears full responsibility for demonstrating to MoDOT’s satisfaction that the variance is the most appropriate way to serve the public interest. MoDOT may present to the utility owner and the utility owner must consider reasonable alternatives to the variance requested by the utility owner. In determining whether to grant a variance, district utilities staff will consider all relevant factors including, but not limited to: the requested variance is reasonably necessary for the convenience, safety, health, and/or welfare of the public; there is an exceptional or undue burden or hardship on the specific applicant; a physical impracticability that would result from the applicant’s adherence to the normal location requirements; and the requested variance will not impair the safe construction, maintenance, operation, and safety of public travel on the highway. District utilities staff may consult with the Design Liaison Engineer in evaluating variances.&lt;br /&gt;
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====643.1.8.1.3 Approval of Variances====&lt;br /&gt;
Once district utilities staff have agreed to accept a variance proposed by the utility owner, the [https://epg.modot.org/forms/general_files/DE/UtilityVarianceApprovalForm.docx Utility Variance Approval Form] and all supporting documentation is sent to the District Design Engineer (DDE) for approval. If a variance is on interstate right of way, the DDE-signed Variance Request Form and all supporting documentation is forwarded to the Design Liaison Engineer who will forward to FHWA for their concurrence.&lt;br /&gt;
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====643.1.8.1.4 Variance Appeal Informal Hearing====&lt;br /&gt;
If denied a variance, the utility owner has thirty (30) calendar days to request an informal hearing for the purpose of appealing the denial. Requests must be made in writing to the State Design Engineer, Missouri Department of Transportation, P.O. Box 270, Jefferson City, MO 65102. If the utility owner requests an informal hearing, MoDOT’s authorized representative will advise the applicant of the time, date, and place of the hearing. The hearing is not a contested case under RSMo 536. The rules of evidence will not apply at the hearing, and MoDOT’s decision after the conduct of the hearing is not subject to further appeal.&lt;br /&gt;
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==643.1.9 Excess Right of Way==&lt;br /&gt;
Prior to conveyance of excess right of way, the status of utility facilities within said parcel must be addressed. See [[236.5_Property_Management#236.5.12_Excess_Land_Conveyances_&amp;amp;_Relinquishments_–_Regulated_Utilities|EPG 236.5.12]].&lt;br /&gt;
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==643.1.10 Broadband==&lt;br /&gt;
Broadband development in the state of Missouri is handled by the Department of Economic Development (DED). MoDOT shares its approved Statewide Transportation Improvement Program (STIP) project list with DED. All MoDOT policies related to placement of utility facilities within Commission right of way as outlined in this EPG 643.1 are to be followed.&lt;br /&gt;
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&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643.2 Utilities in Program Delivery &#039;&#039;PAGE TITLE&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt; &lt;br /&gt;
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==643.2.1 Introduction==&lt;br /&gt;
Improvements to the highway system often require negotiation between the Commission and a city, a county, or a public or private utility owner. The Commission’s district utilities staff is responsible for coordination of highway improvement projects with the utility owner’s representative. The impact to a utility, the responsibility for the cost of adjustments necessary to allow highway construction, the plan of adjustment of the utility, the responsibility of performance of work on utility facilities, and the schedule of the utility adjustment are all items that vary depending on the project and should be investigated and negotiated to ensure highway improvement projects are delivered on-time and on-budget. These should comply with Commission policy. A [https://epg.modot.org/forms/general_files/DE/flowchart.pdf flowchart] outlining all the utility adjustment processes (reimbursable and non-reimbursable relocations, Master Reimbursable Utility Agreements and Project Specific Agreements, etc.) are available in the list of figures at the top of the page. These processes will not always be in combination, but each should be considered with each project.&lt;br /&gt;
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The district utilities staff, in conjunction with the Transportation Project Manager (TPM), is expected to invite and encourage participation of utility owner representatives in MoDOT project meetings as needed.&lt;br /&gt;
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When a project involves utility adjustments for which the Commission is responsible for costs, the TPM should program the costs of the utility adjustments as non-contractual construction costs in the STIP Information Management System (SIMS).&lt;br /&gt;
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==643.2.2 Annual Utility Meeting==&lt;br /&gt;
Each district should hold an annual meeting with utilities to discuss current STIP projects in the district. The annual meeting should be held during each year&#039;s STIP preparations, ideally between January and May. All utility owners that have utility facilities in the district should be invited. The intent is to provide the utility owners with an idea of upcoming projects to allow them the opportunity to plan and budget for potential adjustments of their utility facilities, identify both MoDOT and utility roadblocks, and develop action plans to complete utility adjustments better, faster, and cheaper.&lt;br /&gt;
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==643.2.3 Determination of Existing Utilities==&lt;br /&gt;
District utilities staff should determine the appropriate level of effort needed to accurately identify existing utilities within the footprint of a proposed highway construction project. Aboveground utilities are easily identifiable via field checks; however, determination of the precise location of underground utilities can be more challenging and time consuming. Therefore, the district utilities staff should balance the risk of conflict with the highway construction project against the level of effort needed to determine the location.&lt;br /&gt;
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The level of effort on mapping utilities is dependent on the scope of the project and the potential for utilities having an impact on the construction of the project. The project schedule should include the time to complete this task accurately. The time and effort necessary for having accurate locates requires close interaction with the utility locators. Early contact with utility owner representatives may be necessary to accurately locate underground utility facilities.&lt;br /&gt;
&lt;br /&gt;
Various methods of determining existing underground utilities result in different levels of quality. ASCE Standard 38 Standard Guidance for Investigating and Documenting Existing Utilities classifies four levels of quality:&lt;br /&gt;
:1. Quality Level D: QL-D is the most basic level of information for utility locations. It comes solely from existing utility records or verbal recollections, both typically unreliable sources. It may provide an overall &amp;quot;feel&amp;quot; for the congestion of utilities but is often highly limited in terms of comprehensiveness and accuracy. QL-D is useful primarily for project planning and route selection activities.&amp;lt;br&amp;gt;&lt;br /&gt;
: ● Missouri 811 or “private-locate” markings are to be considered to be QL-D.&lt;br /&gt;
:2. Quality Level C: QL-C is probably the most used level of information. It involves surveying visible utility facilities (e.g., manholes, valve boxes, etc.) and correlating this information with existing utility records (QL-D information). When using this information, it is not unusual to find that many underground utilities have been either omitted or erroneously plotted. Therefore, its usefulness is primarily on rural projects where utilities are not prevalent or are not too expensive to repair or relocate.&lt;br /&gt;
:3. Quality Level B: QL-B involves the application of appropriate surface geophysical methods to determine the existence and horizontal position of virtually all utilities within the project limits. This activity is called &amp;quot;designating&amp;quot;. The information obtained in this manner is surveyed to project control. It addresses problems caused by inaccurate utility records, abandoned or unrecorded utility facilities, and lost references. The proper selection and application of surface geophysical techniques for achieving QL-B data is critical. Information provided by QL-B can enable the accomplishment of preliminary engineering goals. Decisions regarding location of storm drainage systems, footers, foundations, and other design features can be made to avoid conflicts with existing utilities. Slight adjustments in design can produce substantial cost savings by eliminating utility relocations.&lt;br /&gt;
:4. Quality Level A: QL-A, also known as &amp;quot;locating or potholing&amp;quot;, is the highest level of accuracy presently available and involves the full use of the subsurface utility engineering services. It provides information for the precise plan and profile mapping of underground utilities through the nondestructive exposure of underground utilities, and provides the type, size, condition, material, and other characteristics of underground features.&lt;br /&gt;
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For projects with scopes that have potential for utility conflicts, the minimum level of effort required is SUE Quality Level D. Locations of existing utilities are determined by requesting locates through Missouri 811, also known as the “One-Call” process. Missouri 811 locating requests should be carefully considered for the scope of work of the project. When necessary, the location of existing utilities should be established by a field survey of locate markings and features and shown on the roadway plans. Higher level SUE Quality Levels can be used on any project. Adjustment cost savings, whether to the MoDOT or to the utility owner, are beneficial to the taxpayer. Good SUE projects are typically urban in nature, or in congested areas, where the project footprint is to be minimized, or anytime accurate vertical and horizontal location of the utility facility might allow a design to avoid the utility facility thus preventing the need for the adjustment. The SUE process combines civil engineering, surveying, and geophysics. It utilizes several technologies, including vacuum excavation and surface geophysics.&lt;br /&gt;
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When proposed excavation or installation of subsurface features (drainage, equipment bases, etc.) falls within three feet (3’) of a marked Missouri 811 line, soft digging (hand digging, potholing, vacuum methods, pressurized air/water jetting, pneumatic hand tools, etc.) is required to more exactly locate the utility facility both horizontally and vertically. Utility facilities present within the right of way by permit, should be investigated by the utility owner. Utility facilities that would be reimbursable or partially reimbursable as defined in EP 643.2.8 will be investigated by MoDOT.&lt;br /&gt;
&lt;br /&gt;
==643.2.4 Conflict Determination==&lt;br /&gt;
Determination of whether a conflict exists between an existing utility facility and a proposed highway improvement project should occur at the earliest possible stage of project development. A conflict may be the result of the physical interaction between the roadway infrastructure and utility facility, a reduction in cover or increase in fill over underground utilities, a reduction in horizontal clearance whether above or below ground, a reduction in overhead vertical clearance, paving over utilities, or restricting a utility owner’s access to its utility facilities. District utilities staff should work with utilities to determine if a conflict exists and the appropriate plan of adjustment to remedy the conflict. The adjustment to the utility may be a relocation or another measure that protects the utility or access to the utility from the proposed highway improvement project. Determination of a conflict needs to be continually re-evaluated as the project design progresses. Continuing coordination is essential.&lt;br /&gt;
&lt;br /&gt;
==643.2.5 Utility Plan of Adjustment==&lt;br /&gt;
===643.2.5.1 Request for Plan of Adjustment===&lt;br /&gt;
District utilities staff will request a plan of adjustment from utility owners whose utility facilities are in conflict with a proposed highway project. The plan of adjustment may consist of efforts to relocate the utility or otherwise protect a utility from the impacts of the proposed highway project. Utilities are shown on the roadway plan and profiles sheets that are furnished to utility owners for use in planning required utility adjustments. Any other sheets such as drainage, traffic signal, lighting, or ITS plans that show impacts to a utility facility should also be provided to the utility owners. All adjustments, reimbursable or not, require a plan of adjustment furnished by the utility owner.&lt;br /&gt;
&lt;br /&gt;
A transmittal letter is included in the request for a plan of adjustment. The letter informs the utility owner that regardless of whether an adjustment is reimbursable, no physical adjusting or relocating of their utility facilities to accommodate the proposed highway improvement is to be performed without specific approval and authorization. Additionally, if any part of the adjustment has the potential to be reimbursable, they are advised:&lt;br /&gt;
# They may undertake preliminary engineering by their own forces upon approval by district utilities staff of the estimated costs of preliminary engineering.&lt;br /&gt;
# They may employ a consultant to do the PE work provided they request and obtain prior approval. See [[#643.2.6_Preliminary_Engineering_Requirements|EPG 643.2.6 Preliminary Engineering Requirements]].&lt;br /&gt;
# Any preliminary engineering costs accrued prior to the date of written authorization to proceed will not qualify for reimbursement.&lt;br /&gt;
# Replacement right of way or easements cannot be purchased without specific approval and authorization.&lt;br /&gt;
&lt;br /&gt;
===643.2.5.2 Proposed Plan of Adjustment===&lt;br /&gt;
Developing a plan of adjustment is a multi-step process. The utility owner will propose a conceptual approach to adjusting the utility facilities to allow highway construction. This conceptual approach is used as the basis for determining cost responsibility, estimate of costs for preliminary engineering and construction, developing the agreement if necessary, and final design of the adjustment. Negotiations between district utility staff and the utility owner’s representative can result in changes to the design throughout the process.&lt;br /&gt;
&lt;br /&gt;
Final plans of adjustment must contain a legend on the first sheet identifying the utility symbols used. They must also show the existing utility facilities and their disposition, the location of the new or adjusted utility facilities, the existing and new right of way lines, the limited or fully controlled access symbols (where applicable), the existing and proposed roadways, ramps, and outer roadways and any other pertinent roadway information. They must contain sufficient details concerning location, elevation, compaction, clean up, etc. to provide for the proper adjustment of the utility facility. Relocated and/or existing utility facilities that will remain in place must be dimensioned or indicated in a manner to show their location in respect to the right of way lines. It is preferred that the utility owner transmits the plan of adjustment by electronic deliverables in a format that can be incorporated into the roadway plans. This will reduce the time and effort necessary as well as increase the accuracy of transferring this information into the roadway plans.&lt;br /&gt;
&lt;br /&gt;
Plans of adjustment received from the utility owner are to be checked for compliance with MoDOT’s requirements ([[#643.1_Utilities_Location|EPG 643.1 Utility Location]]) by the district utilities staff. They are also checked to ensure compatibility with the roadway design. Any continuing conflicts are resolved through negotiations with the utility owner.&lt;br /&gt;
&lt;br /&gt;
Occasionally, it is impractical to perform a utility adjustment in accordance with MoDOT’s requirements. Sometimes the utility may request approval of a plan of adjustment that does not conform to these requirements. Deviation from MoDOT’s utility requirements is a variance. Refer to [[#643.1.8_Variances|643.1.8 Variance Process]] for additional guidance.&lt;br /&gt;
The final plan of adjustment is included as Exhibit “A” to the agreement ([[#643.2.12_Utility_Agreements|EPG 643.2.12 Agreements]]).&lt;br /&gt;
&lt;br /&gt;
==643.2.6 Preliminary Engineering Requirements==&lt;br /&gt;
Preliminary engineering (PE) can be performed one of four ways for utility adjustments:&lt;br /&gt;
# The utility owner can use its own engineering forces.&lt;br /&gt;
# MoDOT can select an engineering consultant, after consultation with the utility owner, and the consultant contract will be administered by MoDOT.&lt;br /&gt;
# The utility owner can select an engineering consultant, with approval by MoDOT, and the consultant contract will be administered by the utility owner.&lt;br /&gt;
# If a utility adjustment is being included in a MoDOT administered construction contract, the preliminary engineering of the adjustment can be provided by MoDOT.&lt;br /&gt;
&lt;br /&gt;
For reimbursable utility adjustments, the amount paid to engineers, architects, and others for required engineering and allied services can be included in reimbursement amount provided such amounts are not based on a percentage of the costs of the necessary adjustments to allow highway construction. Reimbursement is available for contracts executed after solicitation of a consultant for the specific adjustment or existing continuing contracts when it is demonstrated that such work is performed regularly for the utility owner in its own work and that the costs are reasonable.&lt;br /&gt;
&lt;br /&gt;
A [https://epg.modot.org/forms/general_files/DE/UtilityConsultantContractChecklist.docx checklist is available for reviewing consultant-engineering contracts] to ensure the contract conforms to MoDOT policy and complies with applicable federal regulations. District utilities staff should use the checklist to review contracts and may consult with Audits and Investigations Division as necessary. The procedures in 23 CFR part 172, Administration of Engineering and Design Related Service Contracts may be used as a guide for reviewing proposed consultant contracts. [[:LPA:136.4_Consultant_Selection_and_Consultant_Contract_Management|EPG 136.4 Consultant Selection and Consultant Contract Management]] may also be used as a guide.&lt;br /&gt;
&lt;br /&gt;
===643.2.6.1 Solicited Consultant Contracts===&lt;br /&gt;
If solicitation of PE services is required for reimbursable utility adjustments, the utility owner must provide the following documents and information to district utilities staff. These documents need to be provided as soon as the utility owner has chosen to solicit a consultant. Document 1 must be supplied by all utility owners. Documents 2 and 3 are only required when the utility owner is a local government agency who is also a political subdivision of the state of Missouri (e.g., city-owned utilities, county-owned utilities). All other utility owners are encouraged, but not required, to provide Documents 2 and 3:&lt;br /&gt;
# A statement that the utility owner is not staffed or able to perform the required PE services with its own forces.&lt;br /&gt;
# Provide the names of at least three (3) consultants considered.&lt;br /&gt;
# The criteria used to evaluate each consultant and reasons why the selected consultant was selected.&lt;br /&gt;
&lt;br /&gt;
The following documents need to be provided as soon as the utility owner has successfully negotiated and entered into a contract with the consultant:&lt;br /&gt;
# The name and address of the selected consultant.&lt;br /&gt;
# A statement that the &amp;quot;[https://epg.modot.org/forms/general_files/DE/CertificationOfConsultant.docx Certification of Consultant]&amp;quot; will be furnished immediately upon award of the contract to the consultant.&lt;br /&gt;
# One executed copy of the proposed engineering contract or agreement between the utility owner and consultant, only if the engineering will exceed $5,000.00.&lt;br /&gt;
# The consultant&#039;s fixed (lump sum) or estimated fee (actual cost) and the contract maximum.&lt;br /&gt;
# A cost summary providing a detailed breakdown of the basis for the consultant&#039;s compensation, including estimated labor hours, hourly rates for each classification, overhead rate (if used), the amount of profit charged, and any other estimated charges such as travel expenses, equipment rentals, etc. If an overhead rate is used, the consultant must also submit the supporting overhead rate calculations.&lt;br /&gt;
# An independent cost estimate of engineering services provided by the utility owner to use in comparison to the consultant’s proposed engineering services to check for cost reasonableness.&lt;br /&gt;
&lt;br /&gt;
===643.2.6.2 Continuing Consultant Contracts===&lt;br /&gt;
When a utility owner chooses to use an existing continuing contract for PE services, the utility owner must provide the following documents and information to the district utilities staff as soon as possible.&lt;br /&gt;
# A statement that the utility owner is not staffed or able to perform the engineering with its own forces.&lt;br /&gt;
# The name and address of the consultant under the existing continuing contract.&lt;br /&gt;
# A statement that the &amp;quot;[https://epg.modot.org/forms/general_files/DE/CertificationOfConsultant.docx Certification of Consultant]&amp;quot; will be furnished.&lt;br /&gt;
# A copy of the continuing contract to the district utilities staff. The district utilities staff will review the contract for reasonableness of cost.&lt;br /&gt;
# The consultant&#039;s fixed (lump sum) or estimated fee (actual cost) and the contract maximum for the work associated with the utility adjustment.&lt;br /&gt;
# A cost summary providing a detailed breakdown of the basis for the consultant&#039;s compensation, including estimated labor hours, hourly rates for each classification, overhead rate (if used), the amount of profit charged, and any other estimated charges such as travel expenses, telephone, etc. If an overhead rate is used, the consultant must also submit the supporting overhead rate calculations.&lt;br /&gt;
# An independent cost estimate of engineering services provided by the utility owner to use in comparison to the consultant’s proposed engineering services to check for cost reasonableness.&lt;br /&gt;
&lt;br /&gt;
===643.2.6.3 Consultant Contract Changes===&lt;br /&gt;
If a PE services contract between a utility owner and a consultant needs to be revised, a copy of the revised contract, fee, and schedule should be submitted by the utility owner to the district utilities staff prior to allowing for contract changes. District utilities staff should review the contract changes to ensure the revised contract conforms to MoDOT policy and complies with applicable federal regulations.&lt;br /&gt;
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==643.2.7 Environmental and Right of Way==&lt;br /&gt;
===643.2.7.1 Utilities and Environmental Clearances===&lt;br /&gt;
District utilities staff should coordinate with the TPM and utility owner’s representative to understand and communicate on known environmental and cultural constraints that could impact a utility owner’s plan of adjustment. This will allow the utility owner to consider permitting timelines and alternatives that avoid environmental or cultural resources to keep the project on schedule.&lt;br /&gt;
&lt;br /&gt;
One strategy to make project delivery more efficient and ensure regulatory compliance is for MoDOT to obtain the environmental and cultural resource permits and clearances for the utility owners associated with a roadway improvement while obtaining its own. This would generally only be for the permits and regulatory clearances MoDOT already needs to pursue as a part of the transportation improvement.&lt;br /&gt;
&lt;br /&gt;
District utilities staff should coordinate with the utility owner’s representative early in the project timeline to determine if it is in the best interest of both MoDOT and the utility owner to obtain permits and environmental clearances jointly. The following strategies can be utilized to determine if a joint approach to environmental work should be pursued:&lt;br /&gt;
* If utility facilities are moving to a location within or immediately adjacent to MoDOT right of way, a utility owner may be invited to participate in permitting and environmental compliance activities.&lt;br /&gt;
* If utilities move to a location not within or adjacent to MoDOT right of way, the utility company would not normally be invited to participate in permit applications and environmental compliance activities. However, some unique projects may necessitate further attention and should be discussed with the Design Liaison Engineer.&lt;br /&gt;
&lt;br /&gt;
If MoDOT and the utility owner agree to obtain joint permits and clearances, written communication between the utility owner’s representative and the district utilities staff should document the following items:&lt;br /&gt;
* List of the permits and clearances that MoDOT will acquire on behalf of the utility owner.&lt;br /&gt;
* List of the information needed from the utility owner in order for MoDOT to acquire the permits and clearances.&lt;br /&gt;
* Schedule and deadlines for submittal of the information by the utility owner. For example: utility plans, fill quantities, construction methods, dates, or seasons of construction.&lt;br /&gt;
&lt;br /&gt;
Permits and clearances that may be needed by both a utility owner and MoDOT include:&lt;br /&gt;
* [[127.7_Threatened_and_Endangered_Species|Endangered Species Act consultation and clearance]]&lt;br /&gt;
* [[127.2_Historic_Preservation_and_Cultural_Resources#127.2.1.1_Historic_Preservation_Regulations_and_Laws|Section 106 of the National Historic Preservation Act clearance]]&lt;br /&gt;
* [[127.10_Section_4(f)_Public_Lands|Section 4(f) clearance]]&lt;br /&gt;
* [[127.10_Section_4(f)_Public_Lands#127.10.1.4_Section_6(f)_Laws_and_Regulations|Section 6(f) of the Land and Water Conservation Fund Act clearance]]&lt;br /&gt;
* [[127.4_Wetlands_and_Streams|Section 401 and Section 404 of the Clean Water Act permits]]&lt;br /&gt;
* [[:Category:806_Pollution,_Erosion_and_Sediment_Control#806.1_Introduction_(see_Sec._806)|Section 402 of the Clean Water Act permit (State Operating Permit for Erosion Control)]]&lt;br /&gt;
* [[127.8_Hazardous_and_Solid_Waste|Recommendations on contaminated soil disposition]]&lt;br /&gt;
&lt;br /&gt;
===643.2.7.2 Right of Way Acquisition and Utilities===&lt;br /&gt;
The Commission is obligated to acquire the width of right of way required by the design of the highway improvement. For utility facilities currently located within the Commission’s right of way, this includes the necessary space for the utility facilities impacted by the design of the highway improvement. Either additional right of way width to accommodate a utility corridor or a utility easement can be obtained for the relocation of utility facilities. When drainage easements are acquired along a channel, additional space for utility facilities should be considered to avoid conflicts between the utility facility and the bridge or culvert.&lt;br /&gt;
&lt;br /&gt;
District utilities staff should inform the utility owner’s representative of the potential of a conflict between an existing utility facility and a proposed highway construction project early in the project development process to allow sufficient time for the utility owner to prepare a plan of adjustment and notify the district utilities staff of any easement needs. When utility facilities are located on a utility owner’s private easement, the utility owner may obtain its own new easements. If the utility owner is not in a position to negotiate for new easements or if the utility owner’s policies will not permit it to condemn property to obtain the easement, MoDOT can acquire the easement in the same manner roadway right of way is obtained. The district utilities staff should verify the utility owner is aware of the opportunity to have MoDOT acquire the easement, and the utility owner should provide written documentation on whether the utility owner would like to pursue this option with MoDOT.&lt;br /&gt;
&lt;br /&gt;
For situations where the utility owner will obtain its own replacement right of way and the cost of the adjustment is MoDOT’s responsibility, the utility right of way cost should be reviewed by the district right of way department to ensure the cost is reasonable and acquisition followed state and federal regulations. In order to expedite utility adjustments necessary to allow highway construction, the district utility staff may authorize the utility owner to obtain easements prior to all details of a plan of adjustment being developed. In this situation, the district utilities staff should ensure enough details are known to justify the needed right of way, and an agreement for right of way costs only should be executed with the utility owner.&lt;br /&gt;
&lt;br /&gt;
For situations where MoDOT will obtain the right of way necessary to allow highway construction, district utility staff should negotiate with the utility owner’s representative to ensure all necessary utility easements are shown on the approved right of way plans. The TPM should confirm with district utilities staff that the right of way plans accurately reflect the needs of the utility owners prior to requesting right of way plan approval. The district Right of Way Manager should confirm with district utilities staff before requesting an acquisition date (A-date). Every effort should be made to avoid adding utility easement requests once negotiations with property owners have begun.&lt;br /&gt;
&lt;br /&gt;
Occasionally, when negotiations cannot be completed for easements for the adjustment of utility facilities, it may be necessary to condemn for the property. District utilities staff should coordinate with the utility owner’s representative to ensure no alternate design for the adjustment of the utility facility is practical. The decision to condemn for easements for the adjustment of the utility facilities requires the exercise of good judgment in reaching the conclusion that further good faith negotiations are futile and condemnation is necessary to maintain the project in the scheduled letting. The TPM should coordinate with the district utilities staff and district Right of Way (RW) personnel on the condemnation proceedings.&lt;br /&gt;
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Easement and other right of way documents used with utility owners are handled in accordance with procedures established jointly with RW and district utilities staff. District survey staff prepare the land descriptions for use in utility easements. The district utilities staff is responsible for completion of the easements in the correct form and scope. A sketch delineating the area described is attached to the easement as Exhibit “A”. Communication with the Design Division will ensure use of proper forms, corporate names and locations, and particular wording required for joint ownerships. The description for a utility easement is to be referenced to the nearest land corner shown on the plans. Examples of easements can be found in the template list in [https://netprod3.dot.missouri/eAgreements/Search/QuickSearch eAgreements].&lt;br /&gt;
&lt;br /&gt;
In situations where MoDOT is acquiring right of way with existing utility easements, but the district utilities staff and the utility owner’s representative agree that the utility facility may remain in place, the utility owner will release the property to the Commission separate from the right of way acquisition. This is done by executing an Easement for Highway Construction (UT16). The utility owner grants and conveys, with warranty of title expressed or implied, to the Commission, the right to construct, reconstruct, and maintain a highway over and across that portion of the easement owned and held by the utility owner. In the future, the utility owner retains any reimbursable rights should future projects require adjustments to allow highway construction.&lt;br /&gt;
&lt;br /&gt;
==643.2.8 Cost Responsibility==&lt;br /&gt;
In addition to determining if a conflict exists between an existing utility facility and a highway improvement project, it is important to determine who is responsible for the costs of the necessary adjustments to allow highway construction. An adjustment for which the Commission is responsible for the costs is known as a reimbursable adjustment. An adjustment for which the Commission is not responsible for the costs is known as a non-reimbursable adjustment. An adjustment for which the Commission and the utility share responsibility for costs is known as a partially reimbursable adjustment. Adjustments determined to be reimbursable or partially reimbursable by the Commission are to be completed under the terms of an agreement executed between the utility owner and the Commission.&lt;br /&gt;
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===643.2.8.1 Commission Responsibility===&lt;br /&gt;
====643.2.8.1.1 Utility Facilities Located on Private Easements====&lt;br /&gt;
When the utility facility is located on a private easement within the new right of way to be acquired for a future project, the Commission is responsible for the cost of the necessary adjustments to allow highway construction. It may be possible that such easement does not have written easement rights. The Commission will honor this oral right provided acceptable documentation is provided by the utility owner to the district utilities staff. An [https://epg.modot.org/forms/general_files/DE/NonwrittenEasementRights_Example.docx example of acceptable documentation for not written easement rights] is available. Other forms of documentation will be considered on an individual basis.&lt;br /&gt;
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=====643.2.8.1.1.1 Future Moves=====&lt;br /&gt;
When the utility facility is located on a private easement, taken into the Commission’s right of way, the Commission may agree that any future moves of the same utility by Commission order may be made at the Commission’s cost. Documentation of this agreement is by an Easement for Highway Construction (UT16) agreement. If the Commission provides a substitute private easement, then the Commission will have future obligations consistent with the utility facility’s status in an easement.&lt;br /&gt;
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====643.2.8.1.2 Utility Facilities Located within Commission Right of Way====&lt;br /&gt;
When the utility facility is located within Commission right of way, but has prior land rights, the Commission is responsible for the cost of adjustments to allow highway construction. The utility owner is responsible for documenting to the satisfaction of the district utilities staff, the basis for the claim of prior land rights within Commission right of way. Time spent researching prior rights is considered coordination and is reimbursable.&lt;br /&gt;
&lt;br /&gt;
====643.2.8.1.3 City or County Utility Facilities on City or County Streets====&lt;br /&gt;
When roadway improvements are within the corporate limits of cities, towns, and villages, a municipal agreement is negotiated between the Commission and the municipality. Likewise, when roadway improvements are within the limits of a county and outside the municipal limits, a county agreement is negotiated between the Commission and the County Commission. Included in these agreements are provisions regarding reimbursement for adjusting city or county owned utility facilities. Reimbursement is provided for adjustment of city or county owned utility facilities that are now located on city or county streets and not on Commission right of way.&lt;br /&gt;
&lt;br /&gt;
====643.2.8.1.4 Lumen====&lt;br /&gt;
Lumen – National (formerly CenturyLink, Lightcore, or Digital Telephone, Inc. (DTI)) and the Commission have entered into a partnership agreement, “Amended and Restated Fiber Optic Cable on Freeways in Missouri,” executed June 5, 2003 which obligates the Commission to be responsible for the cost of the necessary adjustments to allow highway construction along the routes identified in the agreement. A copy of the agreement is available to district utilities staff.&lt;br /&gt;
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====643.2.8.1.5 Services to the Commission====&lt;br /&gt;
When a utility facility provides a service connection to local Commission facilities such as power to traffic signals, lighting, ITS, and cathodic protection and phone drops to traffic signal controllers or other Commission facilities, the Commission is responsible for the cost of the necessary adjustments to allow highway construction.&lt;br /&gt;
&lt;br /&gt;
====643.2.8.1.6 Private Service Lines====&lt;br /&gt;
While most utility owners reconnect the private service lines at no cost to the property owner, some do not. If a utility owner does not reconnect service lines, MoDOT can include adjustment of private service lines in roadway contracts. Bid items for relocating service connections are provided for the different types of anticipated adjustments.&lt;br /&gt;
&lt;br /&gt;
====643.2.8.1.7 Second Moves====&lt;br /&gt;
If the Commission requires additional work to a utility facility after the facility has been relocated or adjusted in accordance with a plan of adjustment approved by the Commission for a single project number, the Commission is responsible for the cost of the additional work regardless of whether the initial adjustment was Commission responsibility as outlined in other parts of [[#643.2.8.1_Commission_Responsibility|643.2.8.1]].&lt;br /&gt;
&lt;br /&gt;
The purpose of the policy is to encourage utilities to relocate early rather than waiting until plans are published for bidding. The policy eliminates the utility having to relocate twice at its own expense because of late changes in the design. It is best to have utilities relocated prior to construction, and this policy helps achieve that goal. Therefore, it is imperative that the designer notifies district utilities staff as soon as possible of any changes made after these plans have been sent. If notified immediately, it may be possible to inform the utility owner prior to their final design thereby eliminating a second move.&lt;br /&gt;
&lt;br /&gt;
Under this policy, the following are not considered second moves. Temporary and staged relocations necessary to accommodate construction and agreed upon by the utility and the Commission prior to relocation are considered a single move and are not subject to the provisions of the second move policy. If the Commission requires adjustment of a utility facility for which the utility owner is responsible for the cost of the adjustment and was originally determined to not need adjustment, the utility owner is responsible for the cost of the adjustment. The utility owner is responsible for the cost of additional work to any portion of the utility facility after the utility facility has been adjusted in accordance with a plan of adjustment approved by the Commission if the additional work is required by the Commission due to error by the utility owner in preparation of plan of adjustment, field location of, or construction of the adjustment of the utility facility.&lt;br /&gt;
&lt;br /&gt;
When evaluating construction contract changes by change order or value engineering, the impacts of the second move policy should be considered.&lt;br /&gt;
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===643.2.8.2 Utility Owner Responsibility===&lt;br /&gt;
====643.2.8.2.1 Utility Facilities Owned and Operated by a Political Subdivision====&lt;br /&gt;
When a utility facility is located within Commission right of way, but does not have prior land rights, the utility owner is responsible for the cost of the necessary adjustments to allow highway construction. When a utility facility is located on public right of way other than Commission right of way, the utility owner is responsible for the cost of the necessary adjustments to allow highway construction.&lt;br /&gt;
&lt;br /&gt;
When a political subdivision must bear part or all the cost of adjustments to their utility facilities, and the cost creates a financial hardship, the Commission, by its authorized representative, the Chief Engineer, may temporarily assume these costs. A payback agreement with the political subdivision will include an applicable interest rate for a comparable maturity from a widely published index of tax-exempt municipal rates obtained from Financial Services. Payback time will not exceed five (5) years.&lt;br /&gt;
&lt;br /&gt;
====643.2.8.2.2 Utility Facilities Other Than Those Owned by a Political Subdivision====&lt;br /&gt;
When a utility facility is on the right of way of a public road or street or on state highway right of way without prior land rights and adjustment is necessary to allow for the construction of a roadway improvement, the utility owner is responsible for the cost of the necessary adjustments to allow highway construction.&lt;br /&gt;
&lt;br /&gt;
===643.2.8.3 Shared Responsibility===&lt;br /&gt;
When a utility facility is located such that portions of it are a Commission responsibility and portions of it are a utility owner responsibility by the definitions above, the costs of the necessary adjustments to allow highway construction will be split by the Commission and the utility owner. If the exact cost for each party can be determined, each party will be responsible for their portion of the cost of relocating the utility facility. If the exact cost for each party cannot be determined, the parties will arrive at a percentage reimbursement on an equitable basis.&lt;br /&gt;
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===643.2.8.4 Notice of Hearing===&lt;br /&gt;
When relocation or other difficulties with utility facilities on public right of way arise that prevent resolution by negotiation, formal hearings will be required.&lt;br /&gt;
&lt;br /&gt;
The district initiates a request for a utility relocation hearing with a letter to the Chief Counsel’s Office (CCO) (a copy is provided to the Design Division) requesting a hearing date. CCO will arrange for a hearing room, court reporter, etc. and advise the district of the hearing date.&lt;br /&gt;
&lt;br /&gt;
The district will prepare the notice of hearing by strictly following the given format and serve the notice on all persons and utility owners listed. The property and utility owner must be served only by personal service or by mailing a certified letter, return receipt requested, no later than 15 days before the date of hearing. This will require the district to make every effort to identify the correct property owner before preparing the notice of hearing. To avoid delays, every attempt will be made to issue the hearing notice at least 30 days prior to the hearing date in case any property has changed ownership and any additional property owners must be served. A notice of hearing on service line connections will also be served on the private or public owner of the main or distribution line to which the service lines are connected. A notarized &amp;quot;[https://epg.modot.org/forms/general_files/DE/ReportOnPersonalService.docx Report of Personal Service]&amp;quot; will be completed when notification by certified mail is not used.&lt;br /&gt;
&lt;br /&gt;
One copy of the hearing notice and attachments, &amp;quot;[https://epg.modot.org/forms/general_files/DE/ReportOnPersonalService.docx Report of Personal Service]&amp;quot; and certified mail notices are to be submitted to CCO after notification is complete.&lt;br /&gt;
&lt;br /&gt;
Prior to the hearing, the district&#039;s representative will become familiar with the details of the utility adjustment in order to provide concise testimony to expedite the hearing process. CCO will assign an attorney to work with the district and present the case.&lt;br /&gt;
&lt;br /&gt;
Refer to 7 CSR 10-3.030 020 Utility Relocation Hearings for additional information.&lt;br /&gt;
&lt;br /&gt;
A Waiver of Hearing should be obtained for non-reimbursable adjustments to document the commitment of the utility owner to adjust its utility facilities without adversely impacting the highway construction project. This may be accomplished informally via written communications between the district utilities staff and the utility owner’s representative. A [https://epg.modot.org/forms/general_files/DE/WaiverOfHearingForm.docx formal Waiver of Hearing statement] may be requested by either MoDOT or the utility owner. A [https://epg.modot.org/forms/general_files/DE/WaiverOfHearingLetter.docx sample transmittal letter for the Waiver of Hearing] is available. For reimbursable or partially reimbursable adjustments, the formal agreement serves as the basis of documentation of this commitment.&lt;br /&gt;
&lt;br /&gt;
==643.2.9 Estimates==&lt;br /&gt;
District utilities staff will negotiate with utility owners to determine reimbursable costs of the necessary adjustments to allow highway construction ([[#643.2.8_Cost_Responsibility|EPG 643.2.8 Cost Responsibility]]). These estimates are prepared in accordance with the provisions of 23 CFR 645 and any amendment thereto. These estimates must reflect the same procedures and costs used by the utility owners in their normal operations and must also accurately represent the expected costs of the work. The utility owner’s estimate will be reviewed by the district utilities staff to ensure compliance with 23 CFR 645.&lt;br /&gt;
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===643.2.9.1 Independent Cost Estimate===&lt;br /&gt;
The independent cost estimate provides the basis for district utilities staff to review the utility owner’s estimate of costs of the necessary utility adjustments to allow highway construction and any subsequent negotiations with the utility owner. The district utilities staff should prepare an independent cost estimate. The independent cost estimate may be based on unit prices of anticipated items of work in a utility adjustment necessary to allow highway construction. The independent cost estimate alternately may be based on recent similar types of utility adjustments necessary to allow highway construction and scaled for size. Consultants can be used to develop the independent cost estimate. All documentation of the independent cost estimate should be placed in MoProjects.&lt;br /&gt;
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===643.2.9.2 Type of Project Cost Estimates===&lt;br /&gt;
Either Actual Cost or Lump Sum estimates may be used for estimating the costs on the necessary utility adjustments to allow highway construction. If an Actual Cost estimate is used, detailed records of materials, labor, and equipment are made by district utilities and/or construction staff during construction, and a final audit of the utility owner’s cost records is made to determine the Commission’s actual responsibility for costs of the adjustment completed to allow highway construction. If a Lump Sum estimate is used, a final audit of costs for an adjustment in payment is not required. The Actual Cost method requires more detailed record keeping and documentation by the utility owner and district staff during construction. The Lump Sum method requires more upfront detail and work by the utility owner and judgment on the district utilities staff on the acceptability of the cost. The district utilities staff will work with the utility owner’s representative to determine the best type of estimate and therefore agreement to use.&lt;br /&gt;
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====643.2.9.2.1 Actual Cost Estimate====&lt;br /&gt;
The cost estimate that supports the actual cost agreement is prepared in sufficient detail to determine the reasonable expected cost of the work to support development of an agreement between the utility owner and the Commission. However, reimbursement is based on the actual costs of design and construction of the necessary adjustment to allow highway construction. The [https://epg.modot.org/forms/general_files/DE/ActualCostCostEstimate_Example.docx actual cost estimate] should detail all costs of the necessary adjustment to allow highway construction, even if the Commission is only responsible for a portion of the costs as detailed in EPG [[#643.2.8.3_Shared_Responsibility|643.2.8.3 Shared Responsibility]].&lt;br /&gt;
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[https://epg.modot.org/forms/general_files/DE/ActualCostCostEstimate_Example.docx Actual cost estimates] can be used for any dollar amount of reimbursement.&lt;br /&gt;
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====643.2.9.2.2 Lump Sum Estimates====&lt;br /&gt;
The cost estimate that supports the lump sum agreement must be accurate, comprehensive, verifiable, and in sufficient detail to present a clear picture of the work involved and the cost of the individual items. The estimate may cover only that portion of the adjustment for which the Commission is responsible for the costs of the necessary utility adjustments to allow highway construction.&lt;br /&gt;
[https://epg.modot.org/forms/general_files/DE/LumpSumCostEstimate_Example.docx Lump sum estimates] are limited to a maximum of $200,000 of Commission responsibility of costs of the necessary utility adjustments to allow highway construction; however, exceptions may be made for special situations that have prior approval from Design Division. These exceptions usually cover major relocations for which the Commission&#039;s proportionate responsibility is extremely small.&lt;br /&gt;
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===643.2.9.3 Utility Cost Estimate Requirements===&lt;br /&gt;
Whether using an Actual Cost or Lump Sum estimate, the following should be included in the estimate, if applicable. If any of the following sections are not included in the estimate, a qualifying statement as to why the costs were not included should be provided.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.1 Scope of Work====&lt;br /&gt;
All estimates require a concise summary of the work to be performed on the estimate. An example is &amp;quot;an estimate of cost covering the work of relocating Company&#039;s 12-inch Cushing-Woodriver pipeline to accommodate construction of Route 47 in Franklin County on Job No. J6P0172&amp;quot;.&lt;br /&gt;
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====643.2.9.3.2 Engineering Costs====&lt;br /&gt;
Costs of engineering, whether preliminary or construction, must be shown as separate items and are not to be included with &amp;quot;labor costs&amp;quot;. Concurrent cost accounting procedures of FHWA and MoDOT make this a necessity. See [[#643.2.6_Preliminary_Engineering_Requirements|EPG 643.2.6 Preliminary Engineering]] and [[#643.2.16.2_Construction_Contract_Requirements|EPG 643.2.16.2 Construction Contract Requirements]] for further information.&lt;br /&gt;
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====643.2.9.3.3 Right of Way Costs====&lt;br /&gt;
A detailed estimate of the cost to acquire replacement easements by the utility owner is required. The cost should be supported by a right of way plan.&lt;br /&gt;
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====643.2.9.3.4 Material Costs====&lt;br /&gt;
Quantities, description of the item, the unit cost, and the extended totals are shown. Percentage computations will be shown immediately following &amp;quot;total cost&amp;quot; so the utility owner’s and Commission&#039;s cost obligations are properly indicated. Unit assembly costs similar to those used by several of the rural electric association (R.E.A.) cooperatives are acceptable, provided the same units and charges are used in the utility owner’s regular operations. A handling charge conforming with the utility owner’s regular procedures may also be included.&lt;br /&gt;
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====643.2.9.3.5 Labor Costs====&lt;br /&gt;
Hours, individual or crew rates, and extended totals are shown. Payroll additives such as insurance, retirement, social security, vacation, and other benefits are shown as a separate item under this heading in accordance with utility owner’s regular procedures. Adequate explanation must be given for total percentage used, especially in those cases where materials and labor are combined as unit costs or where labor percentages include additives and equipment requirements.&lt;br /&gt;
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====643.2.9.3.6 Equipment Costs====&lt;br /&gt;
A description of the equipment to be used must be shown jointly with the number of hours to be charged. Rates charged for equipment usage must be justified by the utility owner’s established accounting procedures. When the utility owner does not have an established accounting procedure or a capitalization and depreciation schedule that is used in its own operations, the rates are to be established by using rental rate publications as a guide. A reasonable amount will be deducted, when using rental rate schedules, for profit that the rental company realizes. A full explanation of the methods used in establishing the rates must also be submitted to support the utility owner’s request and with approval of the district utilities staff.&lt;br /&gt;
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Equipment may be rented when the utility owner’s equipment is not available or is inadequate, with the rental rate justified by appropriate solicitation of bids. See [[#643.2.16.2_Construction_Contract_Requirements|EPG 643.16.2 Construction Contract Requirements]] for further information.&lt;br /&gt;
&lt;br /&gt;
Unusual accounting procedures may be accepted with adequate prior explanations and approval of the Design Division.&lt;br /&gt;
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====643.2.9.3.7 Removal Costs====&lt;br /&gt;
These costs are estimated and shown in a similar method but separately from installation costs. When removal costs exceed salvage credits by more than the estimated cost of removal by the roadway contractor, an effort should be made to persuade the utility owner to abandon the utility facilities in place. An exception is made when the utility owner is required to remove abandoned utility facilities because of liability, hazard, or by specific agreement with the Commission. Abandoned utility facilities can be included with the miscellaneous removals in the roadway contract. It may be possible for the utility owner to remove those portions of the utility facility for which credits will exceed removal costs, with the remainder of the utility facility to be abandoned for removal in the roadway contract. Materials removed must be itemized, with the utility owner’s customary salvage credit given. Items to be scrapped or junked should be indicated. Whenever a utility facility or portion thereof is shown to be abandoned on the plan of adjustment, the roadway plans should be notated accordingly. This eliminates ownership problems if these utility facilities are removed or salvaged by the roadway contractor.&lt;br /&gt;
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When the utility facility is no longer needed and removal is necessary to accommodate the roadway project, the removal of the item may be handled either as a right-of way-item or a utility adjustment. When handled as a right of way item, the damages allowed are to equal the depreciated value of the utility facility, with the necessary removals being accomplished by the roadway contractor. If accomplished as a utility adjustment, the Commission, by utility agreement, will reimburse the utility owner for removal costs and receive salvage credit for the material removed, up to but not exceeding removal costs.&lt;br /&gt;
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====643.2.9.3.8 Salvage of Removed Materials====&lt;br /&gt;
This statement, to explain the salvage credit or lack of credit, will reflect routine utility owner policy as well as the particular situation. The utility owner will place a value on any recovered material for salvage. District utilities staff should check this value for reasonableness. Examples of salvage statements include:&lt;br /&gt;
* Existing utility facilities to be abandoned in place, since the cost of salvaging, based on our past experience, will exceed their value.&lt;br /&gt;
* Only those items will be salvaged for which salvage credit will exceed the cost of removal and salvage.&lt;br /&gt;
* Company liability requires removal of the retired utility facilities, even though the cost of removal will exceed allowable credit for salvage.&lt;br /&gt;
* Salvage credits are in accordance with established company accounting procedures.&lt;br /&gt;
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====643.2.9.3.9 Accrued Depreciation Credits====&lt;br /&gt;
Credit is required for the accrued depreciation of a utility facility that is being replaced. Examples are a building, structure, pumping station, filtration plant, power plant, substation, or other similar operational unit. Credit for accrued depreciation will not be required for a segment of the utility&#039;s service, distribution, or transmission lines. It is also not required when the building or structure is being moved as necessitated by the highway project. Acceptable accrued depreciation credit will be determined by using the following formula:&lt;br /&gt;
:&amp;lt;math&amp;gt;\frac{Actual \; Length \; of \; Service \; of \; Replaced \; Facility \; (Years)}{Total \; Estimated \;  Service \; Life \; of \; Replaced \; Facility \; (Years)} \times Original \; Cost \; (\$) = Credit&amp;lt;/math&amp;gt;&lt;br /&gt;
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====643.2.9.3.10 Betterment Credits====&lt;br /&gt;
Betterment means the upgrading of the utility facility being relocated, made solely for the benefit of and at the election of the utility owner and is not attributable to the roadway improvement. Credit to the Commission is required for the additional costs incurred for the betterments introduced in the adjusted utility facility. No betterment credit is required for additions or improvements which are:&lt;br /&gt;
* Required by the highway project&lt;br /&gt;
* Replacement devices or materials that are of equivalent standards although not identical&lt;br /&gt;
* Replacement of devices or materials no longer regularly manufactured with next highest grade or size&lt;br /&gt;
* Required by law under governmental and appropriate regulatory commission code&lt;br /&gt;
* Required by current design practices regularly followed by the utility owner in its own work, and there is a direct benefit to the highway project&lt;br /&gt;
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====643.2.9.3.11 Overhead Costs====&lt;br /&gt;
Overhead costs are usually a percentage of the total labor cost. This item must be in accordance with the utility owner’s established accounting procedures, which in some cases may include handling costs or be a percentage of the total cost of the work involved. Additional attention to overhead costs is required when the rate is different from previously accepted rates. Occasionally, it can be difficult to obtain the necessary information at the time of the estimate to approve the overhead rates. In this situation, the estimate can be approved with exception of the overhead rates for payment. The utility owner is informed of this matter with the understanding that the overhead rates could be approved and paid with submission of appropriate supporting data and Financial Services audit review.&lt;br /&gt;
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====643.2.9.3.12 Prorating Costs====&lt;br /&gt;
The need for prorating utility adjustment costs occurs when both the Commission and the utility owner are responsible for a portion of the utility adjustment necessary to allow for highway construction, and the actual costs for reimbursement in each category cannot be explicitly determined. Generally, the following conditions require division of costs:&lt;br /&gt;
* The adjustment is considered partially reimbursable per [[#643.2.8.3_Shared_Responsibility|EPG 643.2.8.3 Shared Responsibility]]&lt;br /&gt;
* Betterments are included in the necessary adjustment of the utility facility&lt;br /&gt;
&lt;br /&gt;
The district utilities staff should negotiate with the utility owner’s representative to determine an equitable basis for the prorating of costs based on the characteristics of the utility adjustment necessary to allow for highway construction.&lt;br /&gt;
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====643.2.9.3.13 Costs Records====&lt;br /&gt;
The estimate should include a statement as to where the utility owner’s cost records may be reviewed. An example: &amp;quot;Company cost records will be available in our office at 2134 Industrial Avenue, Tulsa, Oklahoma&amp;quot;.&lt;br /&gt;
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====643.2.9.3.14 Other====&lt;br /&gt;
Additional statements will explain or further clarify the work that is included. Such other items may include bypasses, special equipment, need for larger utility facilities, etc.&lt;br /&gt;
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==643.2.10 Schedule==&lt;br /&gt;
Timely adjustments of utility facilities are essential for efficient completion of highway construction projects. Ideally, all utility adjustments are completed prior to a project’s Plans, Specifications, and Estimate (PS&amp;amp;E) submittal to Central Office. Depending on the specifics of the highway construction and utility adjustment necessary, early completion of the utility adjustment may not be practical. The district utilities staff should negotiate with the utility owner to determine the schedule parameters necessary for the utility adjustment. At a minimum, the utility owner should document the dates it anticipates starting and completing the work. If a utility adjustment depends upon the completion of a portion of the highway construction, the necessary milestone for starting the utility adjustment should be documented along with an anticipated number of working days to complete the utility adjustment. The schedule is included as Exhibit “C” to the agreement.&lt;br /&gt;
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==643.2.11 Pre-Audits==&lt;br /&gt;
The district utility staff performs a pre-audit review and approval prior to preparation of the agreement. A [https://epg.modot.org/forms/general_files/DE/PreAuditChecklist.docx pre-audit checklist] should be completed and saved in MoProjects.&lt;br /&gt;
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==643.2.12 Utility Agreements==&lt;br /&gt;
Whenever the Commission is responsible for the cost of the necessary adjustments to allow highway construction, an agreement is required. If a Master Reimbursable Utility Agreement (see [[#643.2.12.2_Master_Reimbursable_Utility_Agreements|EPG 643.2.12.2]]) has not been executed with the utility owner, a Project Specific Agreement (see [[#643.2.12.3_Project_Specific_Agreements|EPG 643.2.12.3]]) is executed between the utility owner and the Commission. In some cases, it may be more practical for the Commission to include adjustment of utilities into a Commission administered contract. A Utility Agreement - Actual Cost (For Utility Work That is to be Included in the Missouri Highways and Transportation Commission&#039;s Road Project) (see [[#643.2.12.4_Agreement_for_Utility_Work_Included_in_Roadway_Improvement_Project|EPG 643.2.12.4]]). Agreements include a plan of adjustment (Exhibit “A”), cost estimate (Exhibit “B”), and schedule (Exhibit “C”).&lt;br /&gt;
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The Utility Agreement boilerplate forms have been approved by the Chief Counsel’s Office (CCO). They are identified in the upper left-hand corner of each agreement by an identifier such as CCO Form: UT01 for the Master Reimbursable Utility Agreement. CCO updates these agreements as necessary. They serve as a guide in the preparation of the agreement to be executed with the utility owner for the adjustments required to their utility facilities to accommodate the proposed roadway improvement project. District utilities staff should use the latest version of the agreement found in [https://netprod3.dot.missouri/eAgreements/Search/QuickSearch eAgreements] in drafting an agreement with utility owners. A list of utility agreements and detailed information concerning the sequence for preparing and executing an agreement is available in EPG [[:Category:153_Agreements_and_Contracts|153 Agreements and Contracts]].&lt;br /&gt;
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These forms are to be used word for word. Revisions or additions are only made to address specific project details. The intent of each paragraph must be retained, although specific words may be revised to fit the particular situation. No paragraphs are deleted without prior approval from CCO. For guidance on acceptance of liability, refer to the [[:Category:153_Agreements_and_Contracts#153.1.1.2_Acceptance_of_Liability_Policy_(MoDOT_Access_Only)|Acceptance of Liability Policy]] at the CCO SharePoint page. Drafts of agreements having major revisions or complications are to be submitted, with supporting data, to Design Division for comment and approval.&lt;br /&gt;
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A reference to 23 CFR 645 is included in all agreements. Utility owners must be acquainted with these requirements and procedures. The incorporation of 23 CFR 645 by reference in all agreements eliminates the need for a second set of regulations to be included in the document.&lt;br /&gt;
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The agreement for the adjustment of a utility is prepared by the district utilities staff and submitted to the utility owner for execution. The agreement is based on the plan, estimate of cost which was prepared in accordance with 23 CFR 645, and schedule. Authorized individuals representing the utility owner will execute the agreement. The agreement must be signed, sealed, and if necessary, notarized by the utility owner. If the utility owner does not have or use a corporate seal, write &amp;quot;NO SEAL&amp;quot; under the signatures of the owner’s officers. Agreements with political subdivisions are to be supported by an appropriate ordinance, a copy of which is to be submitted with the executed agreements. All copies will be forwarded to the CCO for further handling. A fully executed copy of the agreement will be retained in eAgreements. If the agreement was executed using electronic signatures, the district utilities staff should forward an electronic copy of the fully executed agreement to the utility owner. If the agreement was executed using wet signatures, one (1) paper copy of the fully executed agreement will be returned by the Commission Secretary’s Office to the district utilities staff. The district utilities staff will forward this copy to the utility owner.&lt;br /&gt;
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===643.2.12.1 Buy America Build America Requirements===&lt;br /&gt;
All agreements contain information on Buy America Build America (BABA) compliance. The utility owner should select the method of certification (See [[#643.2.19_Buy_America_Build_America_for_Utilities|EPG 643.2.19]]) at the time of agreement completion. The appropriate paragraph will be inserted into the agreement. All BABA compliance documents must be retained by the utility owner and made available upon request at no cost to the Commission and/or FHWA.&lt;br /&gt;
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====643.2.12.1.1 Utility Owner Self-Certification====&lt;br /&gt;
The City/Company certifies that when determining products/materials subject to Buy America Build America requirements to use in the performance of this Agreement, it shall use only such products/materials for which it has received a certification from its supplier, or provider of construction services that procures the product/material, certifying compliance with Buy America Build America requirements. This does not include products/materials for which waivers have been granted pursuant to 23 CFR 635.410. The City/Company will not be required to provide the Commission copies of the supplier certification as part of this Agreement or with the final invoice of said Commission’s Federal-Aid Highway Construction Project.&lt;br /&gt;
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====643.2.12.1.2 Vendor/Manufacturer Certification====&lt;br /&gt;
The City/Company certifies that when determining products/materials subject to Buy America Build America requirements to use in the performance of this Agreement, it shall use only such products/materials for which it has received a certification from its supplier, or provider of construction services that procures the product/material, certifying compliance with Buy America Build America requirements. This does not include products/materials for which waivers have been granted pursuant to 23 CFR 635.410. The City/Company shall provide to the Commission all Buy America compliance documents as outlined in the Commission’s Engineering Policy Guide 643. All required compliance documents shall accompany the final invoice submitted to the Commission.&lt;br /&gt;
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===643.2.12.2 Master Reimbursable Utility Agreements===&lt;br /&gt;
The UT01: Master Reimbursable Utility Agreement (MRUA) is a statewide agreement that has been executed by the utility owner and the Commission for all future reimbursable utility adjustments between both parties. Once a MRUA is executed, no other utility agreements are required on design-bid-build projects. The district utilities staff should encourage utility owners to enter into a MRUA with the Commission to reduce potential future delays in executing a project specific agreement. A list of previously executed [https://modotgov.sharepoint.com/sites/DE/Utilities/Agreements/MRUA%20-%20Existing?csf=1&amp;amp;web=1&amp;amp;e=4LJHoa Master Reimbursable Utility Agreements (Modot Access Only)] is available. District utilities staff should add newly executed agreements to this list. The MRUA can be employed as either an actual cost ([[#643.2.12.3.1_Actual_Cost_Agreements|EPG 643.2.12.3.1]]) or lump sum ([[#643.2.12.3.2_Lump_Sum_Agreements|EPG 643.2.12.3.2]]) agreement. When the reimbursable adjustment will utilize a MRUA, the district utilities staff will prepare a MRUA correspondence letter (“letter agreement”) referencing the executed MRUA. A copy of the MRUA correspondence letter should be saved in MoProjects for reference by Financial Services, the district construction office, and the district staff responsible for inspection of utility adjustments. All project specific items such as type of agreement (actual cost or lump sum), plan of adjustment, estimated total cost, cost allocation, and schedule are addressed in the MRUA correspondence letter from the district utilities staff to the utility owner. A flowchart of the MRUA process is available.&lt;br /&gt;
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===643.2.12.3 Project Specific Agreements===&lt;br /&gt;
If a utility owner does not have a MRUA with the Commission, a project specific agreement will be required for every project for which the Commission is responsible for the necessary adjustments to allow highway construction. The project specific agreement will be either an actual cost ([[#643.2.12.3.1_Actual_Cost_Agreements|EPG 643.2.12.3.1]]) or lump sum ([[#643.2.12.3.2_Lump_Sum_Agreements|EPG 643.2.12.3.2]]) agreement.&lt;br /&gt;
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====643.2.12.3.1 Actual Cost Agreements====&lt;br /&gt;
The UT03: Utility Agreement – Actual Cost is used when detailed estimates are not practical or costs appear to be questionable. Details on actual cost estimates can be found at [[#643.2.12.3.1_Actual_Cost_Agreements|EPG 643.2.9.2.1 Actual Cost Estimates]]. Once the final invoice on a UT03 is submitted to Financial Services, district utilities staff should change the status on the agreement in eAgreements to completed.&lt;br /&gt;
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====643.2.12.3.2 Lump Sum Agreements====&lt;br /&gt;
The UT02: Utility Agreement – Lump Sum eliminates the need for keeping detailed records of cost and the auditing of cost records. Estimates of cost must be prepared in detail for use of this agreement. When detailed estimates are not practical or costs appear unreasonable, actual cost agreements are to be used. Use of special forms of agreements, such as &amp;quot;subordination agreements&amp;quot;, which are desired by certain utility owners, is acceptable. These, too, must be revised to cover the particular situation. Details on lump sum estimates can be found at [[#643.2.9.2.2_Lump_Sum_Estimates|EPG 643.2.9.2.2 Lump Sum Estimates]]. Once the final invoice on a UT02 is submitted to Financial Services, district utilities staff should change the status on the agreement in eAgreements to “completed”.&lt;br /&gt;
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===643.2.12.4 Agreement for Utility Work Included in Roadway Improvement Project===&lt;br /&gt;
The UT04: Utility Agreement - Actual Cost (For Utility Work That is to be Included in the Missouri Highways and Transportation Commission&#039;s Road Project) allows for the adjustment to be based on actual cost with the roadway contractor performing the utility work. Caution should be exercised in the type of utilities to be relocated in roadway contracts. Utilities recommended are waterlines and sewer lines. Other utilities, such as gas lines, communication lines, and power lines are to be studied thoroughly before being included in the project.&lt;br /&gt;
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The Transportation Project Manager and district utilities staff must plan ahead to get this work in the roadway contract. The utility owner must agree to include the utility adjustment in the roadway contract. The adjustment may be on highway right of way or on private easement in the name of the utility owner. The utility owner can agree to allow MoDOT’s contractor to work in its easement. However, district utilities staff in consultation with district right of way staff should review the easement documentation to verify the utility owner’s rights to the easement and any limitations on its use. MoDOT’s contractor can work and operate on both Commission right of way and on the utility easement, even when not directly connected to the Commission right of way, as part of the job site. Temporary construction easements may be necessary in addition to the utility easement to ensure adequate working room for the contractor.&lt;br /&gt;
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:The utility owner may request exemption to any liability for negligence of our contractor working on their easement. The Commission can assume that liability (refer to [[:Category:153_Agreements_and_Contracts#153.1.1.2_Acceptance_of_Liability_Policy_(MoDOT_Access_Only)|Acceptance of Liability Policy]]), but it should be included in the utility agreement if so desired by the utility owner. A Job Special Provision is necessary to require the MoDOT contractor to hold the utility harmless from all claims due to contractor negligence.&lt;br /&gt;
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Subsurface information, i.e. boring data, etc., should be obtained by the utility owner since it may be needed for the design of the utility adjustment. This information should be included in the plans. If the utility owner must bear all or part of the cost of the adjustment, the utility owner must agree to pay a pre-deposit to the Commission prior to opening bids on the project. This should be in the utility agreement. The pre-deposit will be credited to the &amp;quot;Missouri Highway and Transportation Commission - Local Fund.&amp;quot; Any interest earned in the fund will apply to the cost of the adjustments. The utility agreement will include language that the utility will inspect the installation and assume maintenance of the utility facility after construction. MoDOT will also provide engineering supervision to be sure the road contractor is in compliance with the contract. Utility plans and specifications are to be approved by the owner prior to submittal to the Central Office. The following items will provide minimum information to allow MoDOT’s contractor to bid the work.&lt;br /&gt;
# Individual bid items (not &amp;quot;lump sum&amp;quot;) should be established to promote better bidding and to handle overruns and underruns. Bid items not included on the Computer Stored Bid Item list should be &amp;quot;99&amp;quot; numbers.&lt;br /&gt;
# he bid package must be in our letting format. If the package was prepared by a consultant as if the utility owner were going to let it, all bid bond or bidding procedures must be screened to remove requirements contrary to MoDOT letting requirements. District utilities staff should work with the Transportation Project Manager, Design Liaison Engineer, and Central Office Bidding and Contract Services to ensure this requirement is met.&lt;br /&gt;
# The specifications required by the utility owner should be reviewed for items that could cause a bid problem for our contractor. Items such as non-readily available materials or sizes should be avoided.&lt;br /&gt;
# Utility plan sheets should be .pdf files equivalent to 22 in. x 34 in. It is helpful to have a quantity sheet specifically for utility items.&lt;br /&gt;
# Any special procedures required for the utility installation should be included in the Job Special Provisions.&lt;br /&gt;
# The utility package should be submitted on-time to Central Office with other project plans.&lt;br /&gt;
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===643.2.12.5 Agreement for a Utility Only Project===&lt;br /&gt;
Any of the above agreements can be modified for a utility only project separate from the roadway project. The utility only project may be done by forces hired by the utility owner or by the Commission. A separate utility only project has distinct advantages when the following occurs:&lt;br /&gt;
* The utility work is extensive&lt;br /&gt;
* It must be performed in accordance with the utility owner’s seasonal requirements&lt;br /&gt;
* It extends beyond the limits of the construction project&lt;br /&gt;
* It must be performed considerably in advance of the roadway contract&lt;br /&gt;
&lt;br /&gt;
Necessary environmental and design work is still required for the limits of the separate utility only project. It may be necessary in these cases to have a second agreement with the utility owner to cover any other work that must be performed concurrently with the roadway contract. These latter agreements will use the roadway construction job number. Early need for utility projects is to be determined at the time when the STIP is updated each year. The utility construction funds will be shown in the year right of way funds are assigned. This will be done whenever possible to secure early adjustment of utility facilities. A request by the district is sent to the Planning Division. Estimated dollar amounts for utility adjustments are needed. These are estimates and do not need to be extremely accurate. When a special utility project is established, it is preferred, if at all possible, to include all the utility adjustments necessary for the entire roadway project. If funds are available, additional agreements can be added to this utility project until the final invoice for the first completed agreement is received for payment.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.6 Supplemental Agreements===&lt;br /&gt;
For utility owners with a UT01 agreement, a supplemental letter agreement documenting the change in the scope or cost of the work is acceptable.&lt;br /&gt;
&lt;br /&gt;
The UT05: First Supplemental Agreement is used to document changes to UT02 and UT03 agreements. If changes to the scope of work occur that are anticipated to exceed $100,000 or 15% of the original agreement, a UT05 is required. If the final invoice on an actual cost adjustment without changes in the scope of work exceeds the limits shown in the table below, a UT05 is required.&lt;br /&gt;
&lt;br /&gt;
{| class=&amp;quot;wikitable&amp;quot; style=&amp;quot;margin-left: 25px; text-align:center&amp;quot;&lt;br /&gt;
! Amount in Original Actual Agreement !! Final Bill Total Exceeds Original Amount by:&lt;br /&gt;
|-&lt;br /&gt;
| 0-$25,000 || 50%&lt;br /&gt;
|-&lt;br /&gt;
| $25,000-$100,000 || 40%&lt;br /&gt;
|-	&lt;br /&gt;
| Exceeds $100,000 || 30%&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
Should multiple UT05s be required with the same utility owner, the UT05 should be modified for additional supplemental agreements. Once the final invoice on an UT05 is submitted to Financial Services, district utilities staff should change the status on the agreement in eAgreements to “completed”.&lt;br /&gt;
&lt;br /&gt;
==643.2.13 Utility Adjustments in Roadway Plans and Job Special Provisions (JSPs)==&lt;br /&gt;
It is the responsibility of the MoDOT Transportation Project Manager (TPM) to ensure utility plans of adjustment are shown on the project plans at the Plan, Specification, and Estimate (PS&amp;amp;E) stage based upon information coordinated by the district utilities staff with the appropriate utility owner.&lt;br /&gt;
&lt;br /&gt;
===643.2.13.1 Plans===&lt;br /&gt;
A legend showing all applicable utility symbols and the names of the utility owners is shown on the first special utility sheet. In the absence of special utility sheets, this information may be shown on the title sheet or the first plan and profile sheet. The following note is required to be placed on the title sheet or the first plan and profile sheet and the first special utility sheet (if used) to inform contractors of the suitability of the utility information contained on the plans.&lt;br /&gt;
&lt;br /&gt;
&amp;quot;The existence and approximate location of utility facilities known to exist, as shown on the plans, are based on the best information available to the Commission at this time. This information is provided by the Commission &amp;quot;as-is&amp;quot; and the Commission expressly disclaims any representation or warranty as to the completeness, accuracy, or suitability of the information for any use. Reliance upon this information is done at the risk and peril of the user, and the Commission shall not be liable for any damages that may arise from any error in the information&amp;quot;.&lt;br /&gt;
&lt;br /&gt;
===643.2.13.2 Job Special Provisions===&lt;br /&gt;
Since the addition of utility information on the plans, supplied by a third party, could subject the Missouri Highway and Transportation Commission to additional liability, a Utility JSP reflecting the status of utility adjustments will be required. The JSP will include the name, address, e-mail address, and telephone number of all utility owner representatives for all utility facilities located on the project. The anticipated adjustment completion date for each utility adjustment is also to be shown based on the agreed upon dates, durations, or completion dates with the utility owner’s representative. This information will inform the bidder of the status of utilities for proper work coordination that could affect the bids for the proposed highway construction project. Status notations will include general notations such as: “N/A”, “Work is in progress”, “Work has not started”, “Work is complete”, and “Work is included in contract.”&lt;br /&gt;
&lt;br /&gt;
===643.2.13.3 PS&amp;amp;E Submittal===&lt;br /&gt;
In the District Final Plans Submittal Checklist (D-12), the TPM should note any issues related to existing utility facilities or the adjustment of utility facilities either shown or not shown on the plans. Projects with “No Utility Impacts” such as some overlays, striping, bridge washing, etc. do not need a Utility Status Letter or Utility JSP. The D-12 is used for these projects. In the D-12, under Project Details – “Utilities”, the note “NO” is selected and under “Status”, select “Clear”. For all other projects, the district utilities staff will write a Utility Status Letter. The TPM will include the Utility Status Letter with the submittal of the final plans to the Design Division. The Utility Status will be defined as:&lt;br /&gt;
# Utility facilities are present, but no conflict is anticipated with the highway construction project. Or,&lt;br /&gt;
# All utility facilities requiring adjustment to allow highway construction have been physically adjusted on the project. Or,&lt;br /&gt;
# Utility construction work is planned or active and will be completed to such a point that no impact will be expected to the highway construction project. The status of this work is defined in the utility JSP. Or,&lt;br /&gt;
# Utility facilities are not expected to be adjusted by the notice to proceed date for the road project, but the utility work will have no impact on the progress of the highway construction project. The status of this work is defined in the utility JSP. Or,&lt;br /&gt;
# Utility facilities must be adjusted after the road contractor completes stage construction or in coordination with the contractors’ work. Details of the coordination effort required of the contractor are defined in the utility JSP to properly advise bidders. Or,&lt;br /&gt;
&lt;br /&gt;
# Utility adjustment plans and specifications are included in the bid documents for the highway construction project. A UT04 agreement must be executed.&lt;br /&gt;
&lt;br /&gt;
==643.2.14 Payment to Utility Companies for Reimbursable Work==&lt;br /&gt;
Authorization and federal funding obligation must be approved prior to incurring costs. This applies to all types of work on utility facilities including preliminary engineering. An obligation is a commitment by the federal government to reimburse MoDOT for the federal share of a project’s eligible cost.&lt;br /&gt;
&lt;br /&gt;
===643.2.14.1 Obligation Process===&lt;br /&gt;
Federal funding can be used with both lump sum and actual cost agreements. After the utility agreement is fully executed, the district utilities staff will email a copy of the utility agreement or the letter agreement referencing the MRUA to the email group OBLIGATE. This email should request the authorization authority for use of federal funds and to be informed of a Notice to Proceed (NTP) (see [[#643.2.15_Notice_to_Proceed|EPG 643.2.15]]) date by Financial Services once federal funding has been obligated. District utilities staff should allow three (3) weeks to receive the NTP. Financial Services will use Advance Construction (AC) funding to fund reimbursement to utility owners. With AC funding, state funds initially are used to pay for reimbursement to utility owners. Once construction is complete, with appropriate documentation of the work via the [https://epg.modot.org/forms/general_files/DE/C-9.docx C-9] and [https://epg.modot.org/forms/general_files/DE/C-13.docx C-13], Financial Services will convert to federal funding.&lt;br /&gt;
&lt;br /&gt;
===643.2.14.2 Preliminary Engineering===&lt;br /&gt;
On occasion, preliminary engineering (PE) may need to be undertaken by the utility owner prior to the execution of a utility agreement. If a utility owner has a MRUA, an estimate of the cost of the PE work by the utility owner may be used to obligate funding for preliminary engineering under the MRUA as a PE only letter agreement. If a lump sum or actual cost agreement will be required with the utility owner for the project, district utilities staff should do two (2) agreements with one agreement covering PE only, and once a design for the adjustment is obtained, a second agreement for the construction of the adjustment should be executed. If a separate PE only agreement is obtained, NTP will need to be issued twice to the utility owner: once for PE and once for construction.&lt;br /&gt;
&lt;br /&gt;
===643.2.14.3 Right of Way===&lt;br /&gt;
Once Notice to Proceed has been given, the utility owner may begin the right of way acquisition process. If the utility owner needs to acquire right of way prior to a full agreement for relocation has been negotiated, the agreement specifically for the acquisition of right of way should be executed. This agreement will be sent to Financial Services to begin the obligation process.&lt;br /&gt;
&lt;br /&gt;
===643.2.14.4 Construction===&lt;br /&gt;
Payment to utility owners for construction of the adjustment may occur in a number of phases.&lt;br /&gt;
&lt;br /&gt;
====643.2.14.4.1 Prepayment====&lt;br /&gt;
Per the utility agreement, the Commission allows utility owners to be prepaid prior to commencing work. The district utilities staff may negotiate the prepayment if the utility owner is receptive. The utility owner will submit a request for prepayment with an invoice prior to any prepayment. Route, county, and job number must be included in the request. The district utilities staff will submit a request to Financial Services with a copy saved in MoProjects for future reference by the district staff responsible for inspection of the utility adjustment.&lt;br /&gt;
&lt;br /&gt;
====643.2.14.4.2 Progress Payments====&lt;br /&gt;
If a utility owner has not been prepaid the entire estimated amount in the utility agreement, then the utility owner may request progress payments after completing a portion of the proposed work, including PE.&lt;br /&gt;
&lt;br /&gt;
Progress payments for PE by consultants should not exceed the &amp;quot;maximum not to exceed amount&amp;quot; shown in the cost estimate unless additional costs are approved first by district utilities staff.&lt;br /&gt;
&lt;br /&gt;
For progress payments, the utility owner is required to submit only a summary of work and materials for which payment is claimed, not a detailed billing. District utilities staff should check only to be sure that sufficient work has been done to justify making the requested payment. Payment should be made for allowable costs incurred up to the date of the progress payment request.&lt;br /&gt;
&lt;br /&gt;
Progress payment invoices do not relieve the utility owner of the responsibility of submitting one complete and final invoice upon completion of the adjustment. The utility owner’s address must be shown on the invoice. The district utilities staff should submit progress payment invoices and applicable C-9s to Financial Services within one (1) week of receipt of invoice.&lt;br /&gt;
&lt;br /&gt;
One copy of the progress payment and one copy of the district utilities staff letter of recommendation must be sent to Financial Services for payment and be stored in MoProjects. The cover memo should include the project number, route, county, actual cost or lump sum utility agreement, Commission obligation percentage, total cost estimate of Commission obligation, and indicate the progress payment number, i.e., progress payment number 1, 2, 3, etc. If more than one progress payment is requested by the utility company, the district should submit progress payment bills to Financial Services in the following format:&lt;br /&gt;
{| class=&amp;quot;wikitable&amp;quot; style=&amp;quot;margin-left: 25px; text-align:center&amp;quot;&lt;br /&gt;
! Payment !! Amount&lt;br /&gt;
|-&lt;br /&gt;
| Progress Payment #1 || $50,000&lt;br /&gt;
|-&lt;br /&gt;
| Progress Payment #2 || 10,000&lt;br /&gt;
|-	&lt;br /&gt;
| Total Payment to Date || $60,000&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
This format will help clarify payment history with the utility owner. Progress payments for actual cost utility agreements may not exceed the Commission&#039;s total estimated cost shown in the agreement. However, if the request for a progress payment exceeds the original estimate, a change order with explanation should accompany the request. (See [[#643.2.16.5_Change_Orders|EPG 643.2.16.5 Change Orders]].)&lt;br /&gt;
&lt;br /&gt;
====643.2.14.4.3 Final Payment====&lt;br /&gt;
Utility owners are required to submit a detailed final invoice to MoDOT for all actual cost reimbursable utility work and for any lump sum reimbursable utility work that was not prepaid. For prepaid lump agreements, the utility owner must submit a zero-dollar ($0) invoice to demonstrate the work has been completed. After the utility work has been fully completed, the district utilities staff responsible for inspection should send the utility owner a “60 Day” [https://epg.modot.org/forms/general_files/DE/FinalInvoiceLetter.docx Final Acceptance Letter] requesting a complete final invoice within 60 days, as detailed in the utility agreement. If the final invoice is not received from the utility owner within 30 days, then a follow up letter should be sent (i.e., “30 Day” [https://epg.modot.org/forms/general_files/DE/FinalInvoiceReminderLetter.docx Reminder Final Invoice Letter]) reminding the utility owner of its obligation to submit a final invoice within 60 days of the completed work. If a final invoice from the utility owner is not received within this timeframe, then the district utilities staff should contact the Design Liaison Engineer for guidance on how to close out the work.&lt;br /&gt;
&lt;br /&gt;
The district utilities staff is expected to check the final bill within two (2) weeks after receipt in as much detail as possible against the C-9. It is their responsibility to verify from field records the quantities of labor, equipment, material used, material retired, and to justify all changes made. If the utility owner’s contractor made the adjustment at unit cost prices, then it is the district utility staff’s responsibility to verify the number of units completed and not the hours of labor and equipment. It is also important for the utility owner to show the words “final bill” or “final invoice” on the last bill, in order for MoDOT to understand that no additional charges will be made on the adjustment. The final bill must show a general description of the utility adjustment, the highway project number, the date on which work was completed or last item of billed expense was incurred, and the location where records can be audited. The order of items in the final statement should follow as closely as possible the order of items in the original estimate. A summary, on the utility owner’s letterhead, of the total cost of preliminary engineering, construction engineering, right of way, labor, overhead, construction travel expense, transportation, equipment, materials, supply, handling, and salvage credits should be shown in a way that will permit direct comparison with the approved estimate from the original or supplemental agreements (see [[#643.2.12.6_Supplemental_Agreements|EPG 643.2.12.6]]).&lt;br /&gt;
&lt;br /&gt;
If the Actual Cost final invoice shows a much higher cost than the original estimate without scope change, the utility owner is required to give reasons in a letter to the district utilities staff explaining why the invoice cost increased. When the Actual Cost final invoice exceeds the amount shown in the table in [[#643.2.12.6_Supplemental_Agreements|EPG 643.2.12.6]], a supplemental agreement is required.&lt;br /&gt;
&lt;br /&gt;
When the district utilities staff has determined that the final invoice is accurate, the C-13 should be completed. Once the C-13 is completed, the C-13 and the final invoice from the utility owner are forward to Financial Services. For Actual Cost agreements, the C-9s should also be included in this transmittal. If no additional payments are required, the district utilities staff should note this in the transmittal as well. If the final invoice indicates previous payments to a utility owner exceeded the final invoice, the utility owner will need to send MoDOT a check for the overpayment amount. The check should be made payable to Director of Revenue – Credit State Road Fund. If the utility owner did not send MoDOT an overpayment check with the final invoice, district utilities staff should send a letter to the utility owner requesting the refund amount. Submittal of the final invoice to Financial Services should not occur until repayment has been received. The submittal to Financial Services should note the receipt of the repayment check.&lt;br /&gt;
&lt;br /&gt;
==643.2.15 Notice to Proceed==&lt;br /&gt;
For PE only, once an agreement has been executed, and Financial Services has advised that authorization from FHWA has been received, district utilities staff will issue a notice to proceed (NTP) letter to the utility owner for the PE. For agreements that include PE and construction or once a final agreement for construction has been executed, right of way clearance has been issued, and Financial Services has advised that authorization from FHWA has been received, the district utilities staff will issue NTP to the utility owner for construction. See [https://epg.modot.org/forms/general_files/DE/NoticeToProceedExampleLetter.docx Example of Notice to Proceed Letter]. If salvage credit is part of the agreement with the utility owner, the NTP letter should include a statement that the utility owner will need to inform district utilities staff of the time and place that inspection may be made of the removed material. The utility owner may be held accountable for full value of materials disposed without proper notice. Utility owners may purchase materials prior to NTP for construction; however, no other work on the adjustment necessary to allow highway construction may begin prior to NTP for construction. The utility owner, for reasons of planning their workload or due to seasonal situations, may request early authorization to perform the work. This request, with the district utilities staff recommendations, is sent to the Design Liaison Engineer for further handling, approval, and advancement of the necessary funds. A copy of the NTP should be saved in MoProjects. If a utility owner begins adjustments prior to NTP for construction, district utilities staff should notify the utility owner immediately in writing that reimbursement will not be made for work done prior to NTP for construction.&lt;br /&gt;
&lt;br /&gt;
==643.2.16 Construction of Utility Adjustments==&lt;br /&gt;
===643.2.16.1 Utility Owner Self-Perform===&lt;br /&gt;
As per 23 CFR 645.115 Construction, it may be cost-effective for certain utility adjustments to be performed by a utility owner with its own internal forces and equipment, provided the utility owner is qualified to perform the work in a satisfactory manner. This cost-effectiveness finding covers minor work on the utility owner’s existing utility facilities routinely performed by the utility owner with its own forces.&lt;br /&gt;
&lt;br /&gt;
===643.2.16.2 Construction Contract Requirements===&lt;br /&gt;
When the utility owner is not adequately staffed and equipped to perform such work with its own forces and equipment at a time convenient to coordination with the associated highway construction, such work may be done one of four ways for utility adjustments:&lt;br /&gt;
# MoDOT can provide the construction services, via awarded contract to the lowest qualified bidder based on appropriate solicitation. This can be done by including the adjustment work in the roadway improvement project ([[#643.2.14_Payment_to_Utility_Companies_for_Reimbursable_Work|EPG 643.2.12.4 Utility Agreement for Utility Work Included in Roadway Improvement Project]]) or by having a utility only project ([[#643.2.12.5_Agreement_for_a_Utility_Only_Project|EPG 643.2.12.5 Utility Only Project]]).&lt;br /&gt;
# The utility owner can award a construction contract to the lowest qualified bidder based on appropriate solicitation.&lt;br /&gt;
# The utility owner can utilize an existing continuing contract, provided the costs are reasonable (see [[#643.2.9.1_Independent_Cost_Estimate|EPG 643.2.9.1 Independent Cost Estimate]]).&lt;br /&gt;
# The utility owner can contract for low-cost incidental work, such as tree trimming and the like, without competitive bidding, provided the costs are reasonable (see [[#643.2.9.1_Independent_Cost_Estimate|EPG 643.2.9.1 Independent Cost Estimate]]).&lt;br /&gt;
&lt;br /&gt;
When a utility owner chooses option 2 to award its own new construction contract, the utility owner must provide the following documents and information to the district utilities staff. These documents need to be provided as soon as the utility owner has chosen to pursue a construction contract. Document 1 must be supplied by all utility owners. Documents 2 and 3 are only required when the utility owner is a local government agency who is also a political subdivision of the state of Missouri (e.g., city-owned utilities, county-owned utilities). All other utility owners are encouraged, but not required, to provide Documents 2 and 3.&lt;br /&gt;
# A statement that the utility owner is not staffed or able to perform the required construction activities with its own forces.&lt;br /&gt;
# A copy of the request for proposal used to secure bids.&lt;br /&gt;
# A list of a minimum of 3 bidders whom they believe can do the work. &#039;&#039;&#039;Political subdivisions are required to advertise for the work&#039;&#039;&#039;.&lt;br /&gt;
# Upon review of these documents, the district utilities staff will advise the utility owner to proceed with the solicitation of bids, but the utility owner will not be permitted to award the contract without the concurrence of district utilities staff. For lump sum agreements, approval of contract work and subcontract work is not required.&lt;br /&gt;
&lt;br /&gt;
The following documents need to be provided as soon as the utility owner has determined the lowest qualified contractor and would like to award the project. Document 1 must be supplied by all utility owners. Document 2 is only required when the utility owner is a local government agency who is also a political subdivision of the state of Missouri (e.g., city-owned utilities, county-owned utilities). All other utility owners are encouraged, but not required, to provide Document 2.&lt;br /&gt;
# The name address of the lowest qualified contractor.&lt;br /&gt;
# The tabulation of bids received and other information to support their recommendation for award to the lowest qualified bidder.&lt;br /&gt;
&lt;br /&gt;
The district utilities staff will review and approve the utility owner&#039;s bid information prior to the award of the contract. The Design Liaison Engineer is available to assist the district with review of bid information if necessary. Once the district utilities staff provides concurrence, the utility owner may proceed with awarding the contract. When the utility owner is a local government agency who is also a political subdivision of the state of Missouri (e.g., city-owned utilities, county-owned utilities), a copy of the executed contract must be shared with the district utilities staff. All other utility owners are encouraged, but not required, to provide a copy of the executed contract.&lt;br /&gt;
&lt;br /&gt;
A [https://epg.modot.org/forms/general_forms/DE/UtilityConsultantContractChecklist.docx checklist is available for reviewing contracts] to ensure the contract conforms to MoDOT policy and complies with applicable federal regulations.&lt;br /&gt;
&lt;br /&gt;
When a utility owner chooses to utilize an existing continuing contract, the utility owner will submit a copy of the contract to the district utilities staff. The district utilities staff will review the contract for reasonableness of cost. If district utilities staff and the utility owner’s representative cannot agree on the reasonableness of cost, then the utility owner will be required to award a new construction contract.&lt;br /&gt;
&lt;br /&gt;
===643.2.16.3 Inspection===&lt;br /&gt;
The degree of inspection needed for utility adjustments will vary considerably with the nature and location of the work and whether the Commission is responsible for any portion of the cost of reimbursement. Judgment must be used regarding the manner and regularity of inspection duties. Some phases of the work require a very close check to ensure that the highway will not be adversely affected and to ensure satisfactory performance of work in accordance with the agreement and plans. The degree of inspection may vary from spot checking of overhead installations to continuous close observation of backfilling trenches beneath proposed pavement, embankment area, or adjacent to bridge abutments. Proper inspection can ensure that the utility adjustment is completed as efficiently as possible to minimize future impacts to the utility facility and the highway construction project. A [https://epg.modot.org/forms/general_files/DE/UtilityFieldInspectionChecklist.docx Field Inspection Checklist] to assist district utilities staff responsible for inspection is available.&lt;br /&gt;
&lt;br /&gt;
If it is found that any actual cost reimbursable utility adjustment is being performed by unapproved contractors, district utilities staff should direct the work to stop. The utility owner’s representative should be informed immediately and should be advised in writing that the costs incurred by an unapproved contractor are not eligible for reimbursement under provisions of the agreement. The district utilities staff can take appropriate steps to approve a subcontract and advise when the utility owner can recommence work.&lt;br /&gt;
&lt;br /&gt;
===643.2.16.4 Documentation===&lt;br /&gt;
All documents related to the construction of the utility adjustment necessary to allow highway construction should be stored in MoProjects.&lt;br /&gt;
&lt;br /&gt;
Construction records must be kept to confirm that work is done in accordance with the terms of the agreement and in the manner proposed in the plans. The importance of a complete and accurate record cannot be overemphasized. Detailed records are necessary to support the recommendation for payment of the final invoice. A complete, separate daily record must be kept on each actual cost adjustment and submitted for review when the final invoice is recommended for payment. This district utilities staff responsible for inspection should complete the Daily Utility Report (C-9).&lt;br /&gt;
&lt;br /&gt;
====643.2.16.4.1 Utility Reports====&lt;br /&gt;
The Daily Utility Report ([https://epg.modot.org/forms/general_files/DE/C-9.docx Form C-9]) and the Final Utility Report ([https://epg.modot.org/forms/general_files/DE/C-13.docx Form C-13]) are used for documenting utility adjustments necessary to allow highway construction. The use of C-9s and C-13s will vary with method of reimbursement. For utility adjustments necessary to allow highway construction that overlap with the highway contractor’s work, progress records should be kept as necessary to coordinate the highway and utility construction activities. Sufficient records must be maintained to check and verify the items of labor, equipment, materials, and salvaged items as submitted on the final invoice.&lt;br /&gt;
&lt;br /&gt;
=====643.2.16.4.1.1 Daily Utility Report (C-9)=====&lt;br /&gt;
C-9s are only required for actual cost agreements. The district utilities staff responsible for inspection must in all cases keep records to document inclement weather, down time, and verbal authorization for minor changes. The district utilities staff responsible for inspection must complete a C-9 documenting the number and classification of employees and number of hours worked. Records of material used and of retired materials returned to stock or scrapped must be kept. The utility owner’s major items of equipment must also be recorded. When work is done by the contract method based on unit prices, the district utilities staff responsible for inspection should ascertain that units of work as provided in the bid proposal are measured and recorded to form a basis for checking the final invoice. C-9s should list the location and the number of units of work accomplished for that period. If contract labor or equipment is used by a utility owner on the basis of a bid per hour, per day, etc., it will be necessary to keep records on this labor or equipment time in the same manner as if the utility owner were performing the work with its own internal forces. District utilities staff responsible for inspection should also note all contractors working for the utility owner and the contractor approval authorization dates given in the agreement.&lt;br /&gt;
&lt;br /&gt;
=====643.2.16.4.1.2 Final Utility Report (C-13)=====&lt;br /&gt;
C-13s summarize that the utility adjustment work that was done in accordance with the agreement and plans, the percentage of total cost that is the responsibility of the Commission, and any progress payments that have been made. A C-13 is required for both actual cost and lump sum agreements. The requested numbers shown on line 9 (Commission Estimated Cost) and line 10 (Amount of Final Bill) in the report are the Commission’s total responsibility.&lt;br /&gt;
&lt;br /&gt;
====643.2.16.4.2 Breakdown and Emergency====&lt;br /&gt;
When breakdown and emergency situations occur, prior approval by MoDOT is not required for contract or equipment rental work unless the cost or period of time will be extensive. The utility owner should furnish a letter as soon as possible to explain the situation and set out the estimated costs involved. The district utilities staff’s records should substantiate the need and the changes for personnel and equipment.&lt;br /&gt;
&lt;br /&gt;
====643.2.16.4.3 Stop Work====&lt;br /&gt;
If at any point, a stop work order is given by MoDOT to a utility owner, written documentation of the stop work order should be saved in MoProjects.&lt;br /&gt;
&lt;br /&gt;
===643.2.16.5 Change Orders===&lt;br /&gt;
Any change in the plan of adjustment should be documented in writing to the utility owner as a change order. If the change order is anticipated to exceed $100,000 or 15% of the original agreement amount, district utilities staff should negotiate a supplemental agreement with the utility owner’s representative. Once a supplemental agreement is in place, district utilities staff should contact Financial Services to obtain an adjustment of the obligation mid-project. Change orders without supplemental agreements will be settled once the project is complete.&lt;br /&gt;
&lt;br /&gt;
====643.2.16.5.1 Actual Cost Agreement====&lt;br /&gt;
Slight modifications in quantities or the addition of minor items not included with the original agreement do not require a supplemental agreement. However, such changes should be documented in writing with the utility owner. A supplemental agreement is needed if costs exceed the above threshold or if there is a change in the percentage of cost that is the Commission’s responsibility on an agreement with shared responsibility for costs. Intermediate partial payments cannot be made on items in a supplemental agreement until the supplemental agreement is approved.&lt;br /&gt;
&lt;br /&gt;
====643.2.16.5.2 Lump Sum Agreement====&lt;br /&gt;
A supplemental agreement to a Lump Sum Agreement is only required for significant changes in the scope of work of the utility adjustment necessary to allow highway construction. Normal overruns are not considered as changes in approved work and will not be reimbursed. Significant changes in the scope of work on utility adjustments necessary to allow highway construction cannot be done until the supplemental agreement is approved, and the adjustment in obligation of funds is complete.&lt;br /&gt;
&lt;br /&gt;
==643.2.17 Utilities during Highway Construction==&lt;br /&gt;
The contractor is responsible for having utilities located by contacting Missouri One-Call (811) prior to any excavation on the project. A reminder of this responsibility should be made at the preconstruction meeting.&lt;br /&gt;
&lt;br /&gt;
===643.2.17.1 Preconstruction Meeting (Pre-Con)===&lt;br /&gt;
District utilities staff should be invited to all pre-cons.&lt;br /&gt;
&lt;br /&gt;
Pre-cons fall into three categories relating to utilities:&lt;br /&gt;
# No utility adjustments are anticipated within the project limits,&lt;br /&gt;
# All utility adjustments completed prior to the pre-con, and&lt;br /&gt;
# All utility adjustments not completed prior to the pre-con.&lt;br /&gt;
&lt;br /&gt;
====643.2.17.1.1 No Utility Adjustments Anticipated within the Project Limits====&lt;br /&gt;
For projects without a Utility Job Special Provision (JSP), no involvement of the utility owners is required at the pre-con. For projects with a Utility JSP, the Resident Engineer (RE) should invite all utility owner representatives listed in the JSP with known required adjustment to the pre-con. The RE should review potential impacts of the highway construction project with the contractor and the utility owner.&lt;br /&gt;
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====643.2.17.1.2 All Utility Adjustments Completed Prior to the Pre-Con====&lt;br /&gt;
The RE should invite all utility owner representatives listed in the JSP with known required adjustment to the pre-con. The RE should review potential impacts of the highway construction project with the contractor and the utility owner. A general discussion should highlight the previous adjustments made by the utility owner and what abandoned utility facilities the contractor may encounter.&lt;br /&gt;
&lt;br /&gt;
====643.2.17.1.3 All Utility Adjustments Not Completed Prior to the Pre-Con====&lt;br /&gt;
It is important for the RE and inspector to understand the utility owner’s work schedule and how it relates to the contractor’s work schedule. During the pre-con, the schedule of the utility owner and highway construction contractor should be discussed, and conflicts should be addressed to allow utility adjustments and highway construction to progress as near to the proposed schedule as possible. On large-scale projects that have many utility issues to address that could impact the work of the highway construction contractor, it may be necessary to have a separate pre-con with utility owner representatives.&lt;br /&gt;
&lt;br /&gt;
===643.2.17.2 Coordination Meetings===&lt;br /&gt;
When the utility work will not be completed soon after the preconstruction meeting, the RE should meet with district utilities staff, the highway construction contractor, and the utility owner representatives on a regular basis to discuss utility coordination issues, so expectations from all parties are known and conveyed clearly. The utility owner may need some work performed by MoDOT or the highway construction contractor prior to completing their adjustments. (Examples include: survey staking of right of way or proposed facilities, trees cleared, grading performed, or new structures built).&lt;br /&gt;
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==643.2.18 Service Drops==&lt;br /&gt;
Power and communication services provided by utility owners are necessary for the operation of the highway system. These services may include power to traffic signals, lighting, or ITS devices; power for cathodic protection; or telecommunication services to signal controllers or ITS devices. The project design teams should work with district utilities staff to identify proper locations for the applicable utility owners to provide these services. Various utility owners have different requirements for this process. The district utilities staff is encouraged to develop a workable relationship with the utility owners who provide these services to MoDOT. The costs of installing the services charged by the utility owner are considered a non-contractual item and should be accounted for in the project’s budget in the STIP. The proposed location and method for the service drops should be shown on the roadway plans. District utilities staff should meet with the utility owner’s representative to ensure the proposed location can be accommodated by the utility owner. For electrical service connections, the power supply assembly is ideally located a maximum of ten feet (10’) from the source location. Plans submitted for PS&amp;amp;E should reflect the agreed upon location for all service connections. During construction, district utilities staff and district construction staff should work together to ensure the placement of the services is consistent with the project plans. Payment for the service drops should be invoiced by the utility owner to the district. District utilities staff is responsible for submission of the invoice directly to Financial Services for payment noting the non-contractual charges for the project.&lt;br /&gt;
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==643.2.19 Buy America Build America for Utilities==&lt;br /&gt;
FHWA’s Buy America Build America (BABA) policies require a domestic manufacturing process for all steel or iron products, other construction materials, and manufactured products that are permanently incorporated into Federal-Aid Highway construction projects, including products and materials used for adjustments to utility facilities to allow highway construction. These guidelines are for all federally reimbursable transportation projects where FHWA is the lead federal agency; it does not take precedence over projects where Federal Transit Administration or the Federal Railroad Administration is deemed the be the lead federal agency.&lt;br /&gt;
&lt;br /&gt;
===643.2.19.1 Program Requirements for Utilities===&lt;br /&gt;
All MoDOT projects are federal-aid projects, and therefore, all reimbursable utility adjustments are required to follow the provisions of BABA. More information on MoDOT’s BABA policy and procedures can be found in [[106.9_Buy_America_Requirement|EPG 106.9 Buy America Requirement]]. Specifically, utility owners should be aware of the following procedures for determining applicability of the EPG 106.9 requirements to reimbursable utility adjustments necessary to allow highway construction:&lt;br /&gt;
* BABA does not apply when materials are relocated from one location to another within the project limits.&lt;br /&gt;
* BABA does not apply for materials necessary for temporary utility adjustments assuming materials are removed from the right of way upon completion of the utility adjustment to allow highway construction.&lt;br /&gt;
* Non-reimbursable work must be kept separate from reimbursable work (agreements, permits, etc.) in order to not be subject to BABA.&lt;br /&gt;
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===643.2.19.2 Certification Requirements for Utilities===&lt;br /&gt;
Utility owners have the option of choosing either to self-certify BABA compliance or provide vendor/manufacturer certification to MoDOT. The method of certification is chosen by the utility owner and is documented in either the MRUA or the project specific agreement. Regardless of agreement type or certification method, the utility owner must be compliant with BABA requirements.&lt;br /&gt;
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====643.2.19.2.1 BABA Utility Owner Self-Certification====&lt;br /&gt;
If a utility owner chooses to self-certify BABA compliance, the utility owner is not required to provide MoDOT copies of the supplier certification as part of the project documentation or with the final invoice for any reimbursable utility adjustment necessary to allow highway construction. Retention of all documents should be as described in the agreement.&lt;br /&gt;
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====643.2.19.2.2 BABA Vendor/Manufacturer Certification====&lt;br /&gt;
If a utility owner chooses to use vendor/manufacturer certification, the utility owner will supply MoDOT BABA compliance from all vendors and/or manufacturers. Certification from vendors will be signed by an authorized representative of the vendor on company letterhead or other acceptable documentation and will declare that all supplied materials subject to BABA requirements are fully compliant. Certification from iron or steel manufacturers must be in the form of a mill test report (MTF) issued and signed by the initial fabricator stating the materials subject to BABA were melted and manufactured in the United States. Other written statements on company letter or other acceptable documentation signed by an authorized representative of the manufacturer for any additional treatment to the fabricated material (such as blasting, galvanizing, painting, or coating) will state that all treatment processes occurred in the United States according to FWA guidelines. Retention of all documents should be as described in the agreement. Manufacturer certification for manufactured products or construction materials will state that all materials were sourced from the United States and were fabricated in the United States. Retention of all documents should be as described in the agreement.&lt;br /&gt;
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&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643.3 Reserved for Future Use &#039;&#039;PAGE TITLE&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;&lt;br /&gt;
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&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643.4 Railroads (NO CHANGE) &#039;&#039;PAGE TITLE&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;&lt;br /&gt;
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==236.5.12 Excess Land Conveyances &amp;amp; Relinquishments - Utilities==&lt;br /&gt;
All conveyances and relinquishments of Commission-owned property shall be evaluated for the existence of any utility facilities located within the areas to be conveyed or relinquished. A conveyance or relinquishment of Commission-owned property may have implications to the utility facilities, and the utility owners, when the Commission no longer controls the property. It is important to maintain the continuity of utility facilities for the general public; therefore, to identify and minimize potential impacts, MoDOT shall involve utility owners in the conveyance and relinquishment processes.&lt;br /&gt;
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===236.5.12.1 Excess Land Conveyances Utilities===&lt;br /&gt;
MoDOT shall only recommend that a property be declared excess upon satisfactorily addressing the utility impacts. Whether MoDOT or an external party initiates the conveyance of excess property, utility impacts shall be adequately addressed by using one of the following methods: &lt;br /&gt;
:1. Each utility facility will be relocated by permit into a new utility corridor retained by the Commission.&lt;br /&gt;
:2. Each utility facility will remain in place with the benefit of a non-exclusive permanent utility easement.&lt;br /&gt;
::&#039;&#039;If the Commission holds fee simple title to the property, the Commission shall convey a non-exclusive permanent utility easement to each utility owner&#039;&#039;.&lt;br /&gt;
::&#039;&#039;If the Commission holds a less than fee simple title interest in the property, MoDOT shall facilitate the conveyance of a non-exclusive permanent utility easement from the party acquiring the property to each utility owner&#039;&#039;.&lt;br /&gt;
:3. Each utility facility will be relocated to another portion of the property being conveyed.&lt;br /&gt;
::&#039;&#039;If the Commission holds fee simple title to the property, the Commission shall convey a non-exclusive permanent utility easement to each utility owner&#039;&#039;. &lt;br /&gt;
::&#039;&#039;If the Commission holds a less than fee simple title interest in the property, MoDOT shall facilitate the conveyance of a non-exclusive permanent utility easement from the party acquiring the property to each utility owner&#039;&#039;.&lt;br /&gt;
:4. Each utility facility will be relocated onto a portion of the property already owned by the party acquiring the Commission-owned property, with the benefit of a non-exclusive permanent easement. (MoDOT shall facilitate the conveyance of a non-exclusive permanent utility easement from the party acquiring the property to each utility owner.)&lt;br /&gt;
:5. A three-party negotiated settlement taking into consideration the overall value of the proposed transaction.&lt;br /&gt;
:6. Additional options to address utility impacts may be utilized with approval from the Asst. to the State Design Engineer - Right of Way.&lt;br /&gt;
&lt;br /&gt;
===236.5.12.2 Road Relinquishment Utilities===&lt;br /&gt;
MoDOT shall only recommend the relinquishment of roadways through the [[236.14 Change in Route Status Report|Change in Route Status Report]] upon satisfactorily addressing the impacts to utility facilities. If the roadway will be relinquished to a local public transportation authority, with the intent that it continues to be used as a public roadway, a clause similar to the following shall be included in the deed from the Commission to the local public transportation authority:&lt;br /&gt;
:&#039;&#039;&amp;quot;Grantee, by acceptance of this conveyance, covenants and agrees for itself, its successors and assigns, to allow known or unknown utility facilities currently located on the property, whether of record or not, to remain on the property, and to grant the current and subsequent owners of those facilities the right to maintain, construct and reconstruct the facilities and their appurtenances over, under, and across the land herein conveyed, along with the right of ingress and egress across the land herein conveyed to and from those utilities.&amp;quot;&#039;&#039; &lt;br /&gt;
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Proposed roadway relinquishments to private entities shall be reviewed in a manner consistent with the conveyance of excess property described in [[236.5 Property Management#236.5.3 Asset Management Committee|EPG 236.5.3 Asset Management Committee]].&lt;/div&gt;</summary>
		<author><name>Hoskir</name></author>
	</entry>
	<entry>
		<id>https://epg.modot.org/index.php?title=User:Hoskir/Revision_Request_4225&amp;diff=58891</id>
		<title>User:Hoskir/Revision Request 4225</title>
		<link rel="alternate" type="text/html" href="https://epg.modot.org/index.php?title=User:Hoskir/Revision_Request_4225&amp;diff=58891"/>
		<updated>2026-06-23T15:39:21Z</updated>

		<summary type="html">&lt;p&gt;Hoskir: /* 643.2.3 Determination of Existing Utilities */&lt;/p&gt;
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&lt;div&gt;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643 Utility Procedures  &#039;&#039;CATEGORY&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt; &lt;br /&gt;
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| &#039;&#039;&#039;&amp;lt;center&amp;gt;&amp;lt;u&amp;gt;Additional Resources&amp;lt;/u&amp;gt;&amp;lt;/center&amp;gt;&#039;&#039;&#039;&lt;br /&gt;
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| ● [https://www.ecfr.gov/current/title-23/chapter-I/subchapter-G/part-64523 CFR 645]&lt;br /&gt;
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| ● [https://www.sos.mo.gov/cmsimages/adrules/csr/current/7csr/7c10-3.pdf7 CSR 10-30]&lt;br /&gt;
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&#039;&#039;&#039;Utility Accommodation Policy:&#039;&#039;&#039; State DOTs are required to develop policies and procedures pertaining to the use, accommodation, and/or relocation of public and private utility facilities on highway rights-of way using Federal-aid highway funds. State DOTs are required to develop, maintain, and obtain FHWA approval of their Utility Accommodation Policy (UAP) (23 CFR section 645.215). This EPG article 643 and subarticles 643.1 through 643.3 are Missouri Department of Transportation (MoDOT)’s Utility Accommodation Policy. Text in EPG 643 consolidates various federal and state statutes and rules into a single, cohesive, workable policy to outline processes for MoDOT staff and utility owners.&lt;br /&gt;
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&#039;&#039;&#039;Delegation of Work:&#039;&#039;&#039; Each MoDOT district is responsible for ensuring implementation of the UAP outlined in the subsequent EPG articles. Each district can create its own organization for whom is responsible for the work including between divisions and job titles. Work responsibilities within this article and subarticles are generic where possible. If a specific title is included, that title has sole responsibility for that item of work.&lt;br /&gt;
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&#039;&#039;&#039;643 documents not being used&#039;&#039;&#039;&lt;br /&gt;
[[media:144 Major Highway System 2022.pdf|major routes]]&lt;br /&gt;
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&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643.1 Utility Location  &#039;&#039;PAGE TITLE&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt; &lt;br /&gt;
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The information in this article provides a uniform system for regulating the location, construction, maintenance, removal, and relocation of utility facilities on the right of way of roadways located on the state highway system. It also provides for the facilitation of construction and maintenance of these roadways. Any location or relocation of utility facilities contrary to this information is an interference with the construction, maintenance, or operation of a state highway and its right of way and is prohibited.&lt;br /&gt;
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==643.1.1 Permits==&lt;br /&gt;
All utility owners are required to obtain a permit to work on Missouri Highway and Transportation Commission (Commission) right of way. A permit is required for original installation of the utility facility, on-going maintenance of the utility facility, or adjustments to a utility facility necessary to allow highway construction. Per [[127.29_Stormwater#127.29.4.3_MCM_3:_Illicit_Discharge_Detection_and_Elimination_(IDDE)_Program|EPG 127.29.4.3]], discharges of anything other than stormwater are not permitted. A deposit or bond is required to ensure completion of the work in accordance with the permit issued. An [https://www.modot.org/permits application for a permit] may be made on established forms specifically stating the nature of the work to be performed. Applications for permits may be obtained at any of the [https://www.modot.mo.gov/ seven (7) district highway offices] of the Commission, [https://www.modot.mo.gov/ MoDOT&#039;s website], or by requesting it from the office of the Missouri Highways and Transportation Commission in Jefferson City, Missouri. The application for a permit will specifically state the nature of the work to be performed, what specific type of utility facility is to be installed, and, if necessary, the timeframe of any temporary use. Piping of any type of sewage or waste will only be allowed providing any permitting by a regulatory agency, such as Missouri Department of Natural Resources, can be provided. Prior to obtaining a permit through MoDOT’s permit system, a utility owner will be required to provide a bond to ensure satisfactory work and complete a TR50 Electronic Signature Agreement with the Commission. The name of the utility owner must match on the bond, TR50, and in the permit system. More information on permitting can be found in [[:Category:941_Permits_and_Access_Requests|EPG 941]].&lt;br /&gt;
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===643.1.1.1 Emergency Work===&lt;br /&gt;
When emergency operations work is necessary, the damaged utility facility may be accessed immediately and without a permit by leaving the pavement at such points as may be necessary to effect emergency repairs, provided immediate notice is given to the Missouri State Highway Patrol and the district utilities staff for the district wherein the work will be performed, and a permit for emergency operations is requested immediately upon discovery of the need for emergency operations. A permit for emergency operations work is to be obtained as soon as practical, but in no event later than two (2) working days after the emergency operations work has commenced. Emergency operations include, but are not limited to, unplanned work in response to utility facilities being so damaged as to constitute an emergency situation directly affecting or endangering traffic on the highway or public health or safety.&lt;br /&gt;
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===643.1.1.2 Third-Party Inspection===&lt;br /&gt;
When a utility owner has a large number of projects in a given area or projects involving great complexity, MoDOT reserves the right to limit the number of permits open at any given time. With approval of the district utilities staff, a utility owner may hire a third-party inspector, at their cost. The third-party inspector will allow the utility owner to increase the number of permits open at any given time. The responsibility of the third-party inspector will be to ensure the installation of the utility facility proceeds in a manner consistent with the plans approved in the permit, including all work zone requirements and conformity with MoDOT’s Standards and Specifications. The MoDOT approved third-party inspector will be listed in the permit. MoDOT may audit third-party inspections and revoke the right to use third-party inspections should the inspectors fail to perform their duties.&lt;br /&gt;
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===643.1.1.3 Abandoned Utility Facilities===&lt;br /&gt;
All utility facilities installed in Commission right of way are the property of the utility owner whether the utility facility is active or inactive. MoDOT may allow a utility facility to remain on Commission right of way whether the utility facility was abandoned for a MoDOT project or at the utility owner’s discretion. MoDOT may place requirements (such as removing inactive fiber optic cables, grouting pipes, removing valves) on the utility owner as part of the process of abandoning a utility facility. Liability for damage to Commission right of way due to an abandoned facility remains the responsibility of the utility owner. In the event MoDOT requires the removal of the abandoned utility facility, responsibility for the cost of the removal will be determined per [[#643.2.8_Cost_Responsibility|EPG 643.2.8]].&lt;br /&gt;
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==643.1.2 Definitions==&lt;br /&gt;
&#039;&#039;&#039;Bridge Attachment:&#039;&#039;&#039; A bridge attachment is any utility facility, including communication lines and electrical lines, or any other utility facility of a similar nature that is fastened to a bridge for the purpose of spanning an obstacle.&lt;br /&gt;
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&#039;&#039;&#039;Clear zone:&#039;&#039;&#039; The total roadside border area starting at the edge of the traveled way, available for safe use by errant vehicles. This area may consist of a shoulder, a recoverable slope, a non-recoverable slope, and/or the area at the toe of a non-recoverable slope available for safe use by an errant vehicle. Clear zone dimensions are provided in the current edition of American Association of State Highway Transportation Officials Roadside Design Guide.&lt;br /&gt;
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&#039;&#039;&#039;Ditch Line:&#039;&#039;&#039; A line where the roadway ditch meets the back slope. It is located at the lowest point of a V-bottom ditch or furthest point from the roadway of a flat bottom ditch where the roadway slopes back to the existing ground line.&lt;br /&gt;
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&#039;&#039;&#039;Duct:&#039;&#039;&#039; An enclosed tubular casing, or raceway, for protecting wires, lines, or cables that is often flexible or semi-rigid (1-3% diametric deflection). The casing, or raceway, is separate from the cable or conductor that passes through it.&lt;br /&gt;
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&#039;&#039;&#039;Encasement:&#039;&#039;&#039; The term encasement means the placing of an installation around and outside of an underground facility consisting of a larger conduit that permits the removal and replacement of the facility. An alternate to the conduit type encasement is reinforced concrete poured around the utility facility. Utility owners are allowed to use any types of material as a carrier and encasement for its facilities as expressly provided for in the permit issued for the installation of the utility facility.&lt;br /&gt;
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&#039;&#039;&#039;Freeway:&#039;&#039;&#039; A divided arterial highway with full control of access.&lt;br /&gt;
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&#039;&#039;&#039;Highway:&#039;&#039;&#039; Any public way for vehicular travel, including the entire area within the right of way and related facilities constructed or improved and maintained by the Missouri Highways and Transportation Commission (MHTC) acting through the Missouri Department of Transportation (MoDOT).&lt;br /&gt;
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&#039;&#039;&#039;Interchange Limits:&#039;&#039;&#039; For the uniform handling of utility installations only, the limits of an interchange are the outside ramp curve points. See [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_1_TypicalInterchangeLimits_AOD.pdf EPG Figure 643.1.1] for an example.&lt;br /&gt;
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&#039;&#039;&#039;Interstate System or Other Freeways/Expressways:&#039;&#039;&#039; Interstate highways and highways with fully controlled access.&lt;br /&gt;
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&#039;&#039;&#039;Major Routes (Interstates, Freeways/Expressways and Principal Arterials):&#039;&#039;&#039; The major highway system is all routes functionally classified as principal arterials. The principal arterial system provides for statewide or interstate movement of traffic. The major roads in Missouri total approximately 5,500 centerline miles.&lt;br /&gt;
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&#039;&#039;&#039;Minor Routes:&#039;&#039;&#039; The minor highway system is all routes functionally classified as minor arterials or collectors. These routes mainly serve local transportation needs. The minor roads in Missouri total approximately 28,400 centerline miles.&lt;br /&gt;
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&#039;&#039;&#039;Normal Right of Way Line:&#039;&#039;&#039; An imaginary line that connects sudden breaks in the major right of way points for roadways. Sight distance right of way points (triangles) at roadway intersections are not to be considered as sudden breaks for determining normal right of way.&lt;br /&gt;
[[File:fig_643.1.2-06_2026.jpg|none|700px|thumb|Figure 643.1.2 Normal Right of Way Line.]]&lt;br /&gt;
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&#039;&#039;&#039;Private Lines:&#039;&#039;&#039; Privately owned utility facilities which convey or transmit the commodities outlined in the definition of utility facility of this section but devoted exclusively to private use.&lt;br /&gt;
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&#039;&#039;&#039;Scenic Enhancement Areas:&#039;&#039;&#039; Scenic enhancement areas include areas acquired or so designated as scenic strips, overlooks, rest areas, recreation areas, and the right of way of adjacent roadways and the right of way of roadways that pass through public parks and historic sites as described under 23 USC 138.&lt;br /&gt;
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&#039;&#039;&#039;Utility Corridor:&#039;&#039;&#039; An area established for the placement of utility facilities parallel to the normal right of way line.&lt;br /&gt;
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&#039;&#039;&#039;Utility Facility:&#039;&#039;&#039; Privately, publicly, or cooperatively owned line, facility, or system for producing, transmitting, or distributing communications, cable television, power, electricity, light, heat, gas, oil, crude products, water, steam, waste, storm water not connected with highway drainage or any other similar commodity, including any fire or police signal system or street lighting system which directly or indirectly serves the public and does not include privately owned facilities devoted exclusively to private use. The term &amp;quot;utility facility&amp;quot; includes those facilities used solely by the utility owner that are a part of its operating plant.&lt;br /&gt;
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&#039;&#039;&#039;Utility Owner:&#039;&#039;&#039; The utility owner is the utility company, inclusive of any wholly owned or controlled subsidiary, or city or county which owns utility facilities. The term also includes those government agencies that lease a utility facility for its own use or otherwise dedicated solely to governmental use.&lt;br /&gt;
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&#039;&#039;&#039;Variance:&#039;&#039;&#039; A one- (1-) time deviation from the requirements for location or relocation of utility facilities on the right of way of highways in the state highway system as established in [https://www.sos.mo.gov/cmsimages/adrules/csr/current/7csr/7c10-3.pdf Title 7 Code of State Regulations 10-3], requested by the utility, and approved by a MoDOT District Design Engineer.&lt;br /&gt;
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==643.1.3 Location of Utility Facilities==&lt;br /&gt;
Utility facilities paralleling the roadway should be installed in the utility corridor except as outlined below. The utility corridor is the space for all utility owners generally within six feet (6’) of the normal right of way line. When considering if the current utility corridor is available to expand from six feet (6’) to as much as twelve feet (12’), MoDOT determines if the expansion is warranted. In making the determination, MoDOT will consider the existing utilization of the original six feet (6’) corridor. Poles must remain within two feet (2’) of the normal right of way line unless approved by a variance. The utility corridor will only be expanded beyond six feet (6’) if the original six feet (6’) corridor is fully utilized and additional space would be required to accommodate additional utility facilities. Acquisition of additional right of way to establish a twelve feet (12’) corridor is not required on highway construction projects. For depths for underground utility facilities, see [[#643.1.4.1_Minimum_Cover_for_Underground_Facilities|EPG 643.1.4.1]].&lt;br /&gt;
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Utility facilities crossing the roadway should be installed as close to ninety degrees (90°) to the centerline of the roadway as possible and based on the guidelines below depending on the type of roadway. See [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_3_TypicalUtilityCorridor-InterchangeatMajorRoute_AOD.pdf EPG Figure 643.1.3] and [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_4_TypicalUtilityCorridor-InterchangeatMinorRoute_AOD.pdf EPG Figure 643.1.4] for typical utility corridors around interchanges.&lt;br /&gt;
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===643.1.3.1 Interstate System or Other Major Freeways/Expressways===&lt;br /&gt;
The installation of all utility facilities on highways of the Interstate System or other major freeways/expressways with fully controlled access are to be installed, serviced, and maintained without entering or leaving the roadway and ramps except at points approved by MoDOT for that purpose and without parking any equipment or storing materials upon the medians, roadway and ramps, or shoulders of the roadways. Cutting or damaging the pavement or paved shoulders is not permitted. New service connections to existing parallel utility facilities are to be permitted only where an outer roadway exists and then only where access is permitted by the Commission. Careful consideration will be given to the location of guys, anchors, braces, and other supports. Generally, good design practice will provide that appurtenances be located at right of way jogs, along intersecting road right of way, or at other similar acceptable locations, so that encroachment is held to an absolute minimum.&lt;br /&gt;
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No utility facilities will be permitted within the interchange limits of an interchange between fully limited access highways where planned or existing. Utility facilities within the interchange limits of an interchange with a non-access controlled highway will be permitted only along the minor road, provided that all construction, service, and maintenance can be performed from the minor road. Manholes and poles must be located beyond the ramp termini.&lt;br /&gt;
&lt;br /&gt;
For structures carrying or over interstates or other major freeways/expressways, see [[#643.1.5_Bridge_Attachment_Policy|EPG 643.1.5]].&lt;br /&gt;
&lt;br /&gt;
====643.1.3.1.1 Utility Facilities Crossing the Interstate or Other Major Freeways/Expressways====&lt;br /&gt;
=====643.1.3.1.1.1 Overhead Crossings of the Interstate or Other Major Freeways/Expressways=====&lt;br /&gt;
Overhead crossings of utility facilities are permitted only for power transmission and distribution lines and for multiple circuit communication lines where an underground installation is not economically feasible. Supports for existing utility facilities crossing overhead may remain on the right of way provided they are near the right of way line regardless of the presence of an outer road. Supports for new overhead utility facilities crossing overhead may be located on the right of way near the right of way line where an outer roadway exists and are to be located off the right of way where no outer roadway exists. Overhead service crossings are only permitted in isolated cases for residential or commercial establishments when the denial of the crossing would require construction of more than 1,200 feet (1,200’) of utility line to provide the service. Main or distribution line crossings are required to serve a general area other than isolated cases.&lt;br /&gt;
&lt;br /&gt;
=====643.1.3.1.1.2 Underground Crossings of the Interstate or Other Major Freeways/Expressways=====&lt;br /&gt;
Underground crossings of utility facilities are to be continuously encased under the pavement, medians, ramps, and shoulders with the casing extending to the toe of the fill slopes or to the ditch line. In curbed sections, encasement should extend outside the outer curb of the roadways a distance equal to the depth of the encasement at the curb line. Where installed by open trench through unpaved areas, detector tape should be placed approximately one foot (1&#039;) above the encasement. Where an interstate or other major freeway has a parallel outer roadway, encasement should be continuous under all roadways within the right of way.&lt;br /&gt;
&lt;br /&gt;
Manholes or vent pipes are to be located at the right of way line or adjacent to the outer roadway.&lt;br /&gt;
&lt;br /&gt;
For fiber optic cable, encasement should extend from within six feet (6&#039;) of one right of way line to within six feet (6&#039;) of the other right of way line.&lt;br /&gt;
&lt;br /&gt;
Exceptions may be made for encasement as listed in [[#643.1.4.2_Exceptions_to_Encasement|EPG 643.1.4.2]].&lt;br /&gt;
&lt;br /&gt;
=====643.1.3.1.1.3 Parallel Installations along the Interstate or Other Major Freeways/Expressways=====&lt;br /&gt;
New parallel installations on the right of way may be permitted only where an outer roadway exists, provided that poles are within two feet (2&#039;) of the normal right of way line and underground utility facilities are within the utility corridor, and provided that the utility facility can be installed and maintained between the outer roadway and the right of way line. Existing overhead or underground utility facilities that parallel an existing roadway which will be incorporated into a completed highway as an outer roadway may remain in place if all maintenance and service can be performed from an outer roadway and the existing location does not interfere with construction, maintenance, or operation of the completed highway. If an existing parallel utility facility needs to be relocated so as to not interfere with the construction, maintenance, or operation of the completed interstate or other major freeway, poles may be located withing five feet (5’) of the right of way line.&lt;br /&gt;
&lt;br /&gt;
Underground utility facilities are expected to be buried within the utility corridor of sight distance triangles (SDTs) at roadway intersections unless granted a variance. Overhead utility facilities may be allowed to span intersecting roadways with SDTs provided the poles, or supports, are located outside the SDT.&lt;br /&gt;
&lt;br /&gt;
=====643.1.3.1.1.4 Sanitary Sewers within the Right of Way of Interstates or Other Major Freeways/Expressways=====&lt;br /&gt;
New installations of sanitary sewers should follow the applicable guidelines for either underground crossings or parallel installations as appropriate. Existing gravity trunk sanitary sewers should be considered individually and removed or left in place contingent upon its age, condition, feasibility of moving, and maintenance access. Encasement of existing trunk sewers left in place may be required for questionable condition, protection during construction, or heavy fills.&lt;br /&gt;
&lt;br /&gt;
Manholes should be relocated to the right of way lines or adjacent to an outer roadway.&lt;br /&gt;
&lt;br /&gt;
===643.1.3.2 Major Routes===&lt;br /&gt;
For structures carrying or over major routes, see [[#643.1.5_Bridge_Attachment_Policy|EPG 643.1.5]].&lt;br /&gt;
&lt;br /&gt;
====643.1.3.2.1 Major Routes with Partially Controlled Access Right of Way====&lt;br /&gt;
The installation of all utility facilities on highways with partially controlled access right of way are to be installed, serviced, and maintained without entering or leaving the roadway and ramps except at points approved by MoDOT for that purpose and without parking any equipment or storing materials upon the medians, roadway and ramps, or shoulders of the roadways. Cutting or damaging the pavement or paved shoulders is not permitted. Equipment or materials stored within the right of way must be protected by longitudinal barrier or be located outside the clear zone. New service connections to existing parallel utility facilities are to be permitted only where granted by the Commission.&lt;br /&gt;
&lt;br /&gt;
No utility facilities will be permitted within the interchange limits of an interchange between fully limited access highways where planned or existing. Utility facilities within the interchange limits of an interchange with a non-access controlled highway will be permitted only along the minor road, provided that all construction, service, and maintenance can be performed from the minor road. Manholes and poles must be located beyond the ramp termini.&lt;br /&gt;
&lt;br /&gt;
====643.1.3.2.2 Major Routes with Normal Access Right of Way====&lt;br /&gt;
All new utility facilities will be installed and maintained without cutting or damaging the pavement or paved shoulders except in the event underlying rock formations or other obstructions are encountered that prevent boring or pushing operations. A variance may be granted for pavement cuts when the need is established. Pavement cuts may only be made by permits issued when it is impractical to otherwise service and maintain the facility. The installation of all utility facilities is to be installed without parking any equipment or storing materials upon the medians, roadway and ramps, or shoulders of the roadways. Equipment or materials stored within the right of way must be protected by longitudinal barrier or be located outside the clear zone.&lt;br /&gt;
&lt;br /&gt;
====643.1.3.2.3 Utility Facilities Crossing Major Routes====&lt;br /&gt;
=====643.1.3.2.3.1 Overhead Crossings of Major Routes=====&lt;br /&gt;
Supports for utility facilities crossing overhead should be located as near the right of way line as possible. For major routes with controlled access right of way, new overhead service crossings may be permitted in isolated cases for residential or commercial establishments where the denial of such crossings would require the construction of more than 1,200 feet (1,200’) of utility line to provide the same service. For major routes with normal access right of way, there is no restriction on the placement of service crossings.&lt;br /&gt;
&lt;br /&gt;
=====643.1.3.2.3.2 Underground Crossings of Major Routes=====&lt;br /&gt;
Underground crossings of utility facilities are to be continuously encased under the pavement, medians, ramps, and shoulders with the casing extending to the toe of the fill slopes or to the ditch line. In curbed sections, encasement should extend outside the outer curb of the roadways a distance equal to the depth of the encasement at the curb line. Where installed by open trench through unpaved areas, detector tape should be placed approximately one foot (1&#039;) above the encasement. Where a major route has a parallel outer roadway, encasement should be continuous under all roadways within the right of way.&lt;br /&gt;
&lt;br /&gt;
Manholes or vent pipes are to be located at the right of way line or adjacent to the outer roadway.&lt;br /&gt;
&lt;br /&gt;
For fiber optic cable, encasement should extend from within six feet (6&#039;) of one right of way line to within six feet (6&#039;) of the other right of way line.&lt;br /&gt;
&lt;br /&gt;
Exceptions may be made for encasement as listed in [[#643.1.4.2_Exceptions_to_Encasement|EPG 643.1.4.2]].&lt;br /&gt;
&lt;br /&gt;
====643.1.3.2.4 Parallel Installations along Major Routes====&lt;br /&gt;
New parallel installations on the right of way may be permitted provided that poles are within two feet (2&#039;) of the normal right of way line and underground utility facilities are within the utility corridor. Existing overhead or underground utility facilities that parallel an existing roadway which will be incorporated into a completed highway may remain in place if all maintenance and service can be performed without entering or leaving the roadway except at approved access points; without parking equipment or storing materials on the median, pavement, ramps, or shoulders; and the existing location does not interfere with construction, maintenance, or operation of the completed highway. If an existing parallel utility facility needs to be relocated so as to not interfere with the construction, maintenance, or operation of the completed highway, poles may be located withing five feet (5’) of the right of way line.&lt;br /&gt;
&lt;br /&gt;
Existing steel pipe transmission and distribution facilities for gaseous petroleum products that parallel an existing roadway that will be incorporated into the completed roadway may be left in place subject to an agreement by the utility owner that maintenance or service and facility expansion will be performed without cutting or damaging the pavement or interfering with the construction, maintenance, and operation of the highway and provided that the facility is cathodically protected against corrosion and meets the applicable material requirements.&lt;br /&gt;
&lt;br /&gt;
Underground utility facilities are expected to be buried within the utility corridor of sight distance triangles (SDTs) at roadway intersections unless granted a variance. Overhead utility facilities may be allowed to span intersecting roadways with SDTs provided the poles, or supports, are located outside the SDT.&lt;br /&gt;
&lt;br /&gt;
====643.1.3.2.5 Sanitary Sewers within the Right of Way of Major Routes====&lt;br /&gt;
New installations of sanitary sewers should follow the applicable guidelines for either underground crossings or parallel installations as appropriate. An existing gravity trunk sanitary sewer should be considered individually and removed or left in place contingent upon its age, condition, feasibility of moving, and maintenance access. If an existing parallel gravity main is left in place within the limits of the paved surface, paved shoulder lines, or curb lines, stub mains as required will be laid between the sewer main and curb or shoulder lines for future service connections in each block. Manholes should be relocated outside the traveled roadway as near the right of way line as practical.&lt;br /&gt;
&lt;br /&gt;
===643.1.3.3 Minor Routes===&lt;br /&gt;
For structures carrying or over minor routes, see [[#643.1.5_Bridge_Attachment_Policy|EPG 643.1.5]].&lt;br /&gt;
&lt;br /&gt;
====643.1.3.3.1 Utility Facilities Crossing Minor Routes====&lt;br /&gt;
=====643.1.3.3.1.1 Overhead Crossings of Minor Routes=====&lt;br /&gt;
Existing overhead crossings that interfere with construction, maintenance, or operation should be relocated with their supports as near the right of way line as is practical. New overhead crossing installations should be located with their supports as near the right of way line as is practical.&lt;br /&gt;
&lt;br /&gt;
=====643.1.3.3.1.2 Underground Crossings of Minor Routes=====&lt;br /&gt;
All new utility facilities should be installed and maintained without cutting or damaging the pavement or paved shoulders. A variance may be granted for pavement cuts when servicing and maintaining the facility by any other methods is impractical. Pavement cuts may only be made by permits issued. Underground crossings of utility facilities are to be continuously encased under the pavement, medians, ramps, and shoulders with the casing extending to the toe of the fill slopes or to the ditch line. In curbed sections, encasement should extend outside the outer curb of the roadways a distance equal to the depth of the encasement at the curb line. Where installed by open trench through unpaved areas, detector tape should be placed approximately one foot (1&#039;) above the encasement.&lt;br /&gt;
&lt;br /&gt;
Manholes or vent pipes are to be located at the right of way line or adjacent to the outer roadway.&lt;br /&gt;
&lt;br /&gt;
For fiber optic cable, encasement should extend from within six feet (6&#039;) of one right of way line to within six feet (6&#039;) of the other right of way line.&lt;br /&gt;
&lt;br /&gt;
Exceptions may be made for encasement as listed in [[#643.1.4.2_Exceptions_to_Encasement|EPG 643.1.4.2]].&lt;br /&gt;
&lt;br /&gt;
====643.1.3.3.2 Parallel Installations along Minor Routes====&lt;br /&gt;
New parallel installations on the right of way may be permitted provided that poles are within two feet (2&#039;) of the normal right of way line and underground utility facilities are within the utility corridor. Existing overhead or underground utility facilities that parallel an existing roadway which will be incorporated into a completed highway may remain in place if all maintenance and service can be performed without entering or leaving the roadway except at approved access points; without parking equipment or storing materials on the median, pavement, ramps, or shoulders; and the existing location does not interfere with construction, maintenance, or operation of the completed highway. If an existing parallel utility facility needs to be relocated so as to not interfere with the construction, maintenance, or operation of the completed highway, poles may be located within five feet (5’) of the right of way line.&lt;br /&gt;
&lt;br /&gt;
Underground utility facilities are expected to be buried within the utility corridor of sight distance triangles (SDTs) at roadway intersections unless granted a variance. Overhead utility facilities may be allowed to span intersecting roadways with SDTs provided the poles, or supports, are located outside the SDT.&lt;br /&gt;
&lt;br /&gt;
====643.1.3.3.3 Sanitary Sewers within the Right of Way of Minor Routes====&lt;br /&gt;
New installations of sanitary sewers should follow the applicable guidelines for either underground crossings or parallel installations as appropriate. An existing gravity trunk sanitary sewer should be considered individually and removed or left in place contingent upon its age, condition, feasibility of moving, and maintenance access. If an existing parallel gravity main is left in place within the limits of the paved surface, paved shoulder lines, or curb lines, stub mains as required will be laid between the sewer main and curb or shoulder lines for future service connections in each block. Manholes should be relocated outside the traveled roadway.&lt;br /&gt;
&lt;br /&gt;
===643.1.3.4 Roundabouts===&lt;br /&gt;
Regardless of roadway type, it is desirable to avoid locating utility facilities and their access points within the circulatory roadway. If possible, utility facilities are located in the legs of the roundabout to allow for future maintenance and access at an isolated leg versus affecting the entire roundabout. See [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_5_TypicalLocationofUtilityFacilitiesnearRoundabouts_AOD.pdf EPG Figure 643.1.5] for an example.&lt;br /&gt;
&lt;br /&gt;
===643.1.3.5 Utility Facilities in Scenic Enhancement Areas===&lt;br /&gt;
All existing utility facilities within the limits of a scenic enhancement area requiring adjustment because of construction or reconstruction will be placed underground or relocated beyond the limits of the scenic enhancement area. No new above ground facilities will be permitted. New underground facilities will be permitted provided they do not extensively alter or impair the appearance of the area.&lt;br /&gt;
&lt;br /&gt;
==643.1.4 Installation of Utility Facilities==&lt;br /&gt;
The following sections provide information on the physical installation of utility facilities within highway right of way.&lt;br /&gt;
&lt;br /&gt;
===643.1.4.1 Minimum Cover for Underground Facilities===&lt;br /&gt;
The minimum cover for new underground utilities is:&lt;br /&gt;
* Forty-two inches (42”) for all water lines (parallel and crossings).&lt;br /&gt;
* Forty-two inches (42”) for fiber optic cable (crossings encased in rigid conduit).&lt;br /&gt;
* Seventy-two inches (72”) for fiber optic cable (crossings encased in polyethylene (PE) pipe).&lt;br /&gt;
* Thirty inches (30”) for direct burial and in trench fiber optic cable (parallel).&lt;br /&gt;
* Twenty-four inches (24”) for all other direct burial copper or coaxial cable, (parallel).&lt;br /&gt;
* Seventy-two inches (72”) for uncased polyethylene (PE) gas pipe crossings under ditches and roadways but thirty inches (30”) elsewhere.&lt;br /&gt;
* Thirty inches (30”) for all other (such as, but not limited to, gravity sewers, forced sewers, and electric) underground utilities (both parallel and crossing).&lt;br /&gt;
&lt;br /&gt;
===643.1.4.2 Exceptions to Encasement===&lt;br /&gt;
Exceptions may be made for encasement as follows:&lt;br /&gt;
* Non-fiber communication or electric cables installed in ducts.&lt;br /&gt;
* Welded steel pipelines carrying gaseous or liquid petroleum products - provided they are cathodically protected against corrosion, triple-coated in accordance with accepted pipeline construction standards, and meet applicable material requirements.&lt;br /&gt;
* Natural gas distribution pipe (nominal six-inch (6”) diameter maximum) of polyethylene (PE) plastic, traceable, installed by a horizontal bore method at a minimum depth of seventy-two inches (72”) under ditches and roadways, constructed in accordance with and meeting applicable material requirements.&lt;br /&gt;
* Gas service connections protected and constructed in accordance with and meeting applicable material requirements.&lt;br /&gt;
* Encasement is not required for new trunk sanitary sewer crossings of vitrified clay, reinforced concrete or cast iron except when installation procedures would produce voids in the roadbed, heavy fills, or installations under pressure.&lt;br /&gt;
&lt;br /&gt;
===643.1.4.3 Above Ground or Ground Level Appurtenances===&lt;br /&gt;
Appurtenances protruding more than four inches (4”) above the ground line should be located outside the clear zone. If no feasible alternative exists and if permitted by a variance, appurtenances may be allowed within the clear zone if they meet breakaway criteria or will be shielded by a traffic barrier. Good design practice will provide that appurtenances be located at right of way jogs, along intersecting road right of way, or at other similar acceptable locations, so that encroachment is held to an absolute minimum. Cables, wires, small diameter pipes, and other such utility appurtenances extending from the surface of the ground should be equipped with covers or guards to improve their visibility. Appurtenances within sidewalks or street level pedestrian access routes are to be in conformance with the Americans with Disabilities Act requirements.&lt;br /&gt;
&lt;br /&gt;
The maximum pull box width perpendicular to the right of way line within the utility corridor is thirty inches (30”).&lt;br /&gt;
&lt;br /&gt;
===643.1.4.4 Overhead Utility Facilities===&lt;br /&gt;
The vertical clearance of new or existing overhead installations will not be less than the current minimum requirements of the National Electric Safety Code, but in no case less than eighteen feet (18’) inclusive of sag above the groundline for electrical facilities. Clearance may be reduced for overhead installations of cable, telephone, or fiber optic facilities.&lt;br /&gt;
A minimum radial clearance of twenty-five feet (25’) is provided from any utility facility to the nearest part of any bridge structure. A minimum radial clearance of ten feet (10’) is provided from the nearest charged electrical line to a MoDOT signal, lighting, ITS, or overhead sign structure.&lt;br /&gt;
&lt;br /&gt;
===643.1.4.5 Approved Materials===&lt;br /&gt;
Utility owners are allowed to use any material for underground utility facilities including carrier and encasement provided they accept responsibility for any future repairs and/or replacement of damaged MoDOT facilities should a failure occur. This will allow the use of current technology and procedures to provide the best value to its subscribers and the taxpayers of Missouri. For materials that MoDOT also uses in its highway system, utility owners must provide materials that meet the current [https://www.modot.org/missouri-standard-specifications-highway-construction Missouri Standard Specifications for Highway Construction]. For materials not listed in the Missouri Standard Specifications for Highway Construction, the utility owner should provide documentation of the standards used to determine suitability of the material.&lt;br /&gt;
&lt;br /&gt;
===643.1.4.6 Cutting===&lt;br /&gt;
In the event permission is granted to cut an existing concrete or asphalt pavement or sidewalk, the appropriate provisions below should be followed.&lt;br /&gt;
&lt;br /&gt;
====643.1.4.6.1 Pavement====&lt;br /&gt;
All pavement cuts should be made with a saw to the full depth of the pavement. The width of the cut is typically determined by the width of the trench plus a minimum one foot (1’) on each side of the trench. In the event the distance to any adjacent longitudinal or transverse joint or crack is less than four feet (4’), the pavement must be removed to the joint or crack. Cuts for perpendicular service tie-ins should be a minimum of three feet (3’) wide. Longitudinal main installations are typically cut at a minimum of half the lane width, but in no instance should the cut be along the wheel path of the lane.&lt;br /&gt;
[[File:fig_643.1.6-06_2026.jpg|800px|none|thumb|Figure 643.1.6 Pavement Repair Dimension Requirements.]]&lt;br /&gt;
&lt;br /&gt;
The utility facilities should be placed in a location with the least impact to the roadway. Typically, this leads to placement in the shoulder when available followed by the two-way left turn lane (TWLTL), and then outside lanes before allowing placement in interior through lanes. Lane switching should be kept to a minimum and should not be used to minimize repair sizes. Cuts for mains or service leads that may not be perpendicular to the roadway should be squared-off.&lt;br /&gt;
&lt;br /&gt;
Replacement of cut pavement should be full depth concrete in accordance with the current version at the time of installation of Section 613.10 Full Depth Pavement Repairs of the Missouri Standard Specifications for Highway Construction and the Missouri Standard Plans for Highway Construction. If the area of the pavement repair is not to be fully resurfaced all joints including the overcut from the sawing operation should be filled with an expansive mortar, epoxy, polyester, or joint material as approved by the Engineer in accordance with Section 1057 of the Missouri Standard Specifications for Highway Construction.&lt;br /&gt;
&lt;br /&gt;
====643.1.4.6.2 Pedestrian Access Routes====&lt;br /&gt;
All cuts in the pedestrian access routes whether asphalt or concrete should be made by saw and be the full depth of the material. Entire slabs of concrete sidewalk should be removed. Repair of the pedestrian access route must meet Americans with Disability Act requirements, see [[:Category:642_Pedestrian_Facilities|EPG 642]]. Cuts through curb ramps or detectable warning areas are not permitted. Rather the entire curb ramp or detectable warning area must be removed and replaced. MoDOT district ADA contacts can help ensure ADA compliance of impacted pedestrian access routes.&lt;br /&gt;
&lt;br /&gt;
===643.1.4.7 Non-disturbance Areas===&lt;br /&gt;
MoDOT has certain areas of right of way where mowing, spraying, digging, or other vegetation disturbance activities are restricted. These areas have been established to mitigate the environmental impacts of a previous project and should be avoided. If the areas cannot be avoided, contact MoDOT’s Environmental Section.&lt;br /&gt;
&lt;br /&gt;
==643.1.5 Bridge Attachment Policy==&lt;br /&gt;
No utility facility will be permitted in or on a structure carrying an interstate or other freeway unless it is part of a federal requirement or for MoDOT’s use. When the structure carries any other road type and no other practical means exists for the crossing, wires (communication, electrical, fiber, or metal) will be permitted. Electrical lines must be located to cause minimum exposure to MoDOT maintenance personnel and the public. Pressurized pipelines for gas or other petroleum products and water and all sewer lines are prohibited on all structures due to the risks associated with their failure.&lt;br /&gt;
&lt;br /&gt;
===643.1.5.1 Agreement===&lt;br /&gt;
An agreement is required for all utility facilities attached to any structure. A charge will be made for the increased maintenance costs involved. This fee is set by the Bridge Division. When permitted, a 50-year occupational agreement is executed with the utility owner. Agreement BR04 Utility Attachment Agreement is used when an attachment is added to a bridge during its construction. Agreement BR09 Bridge Attachment Agreement is used when an attachment is added to an existing bridge.&lt;br /&gt;
&lt;br /&gt;
===643.1.5.2 Requests===&lt;br /&gt;
Requests to attach facilities to structures is a multi-step process. Bridge Division is responsible for approval of the bridge attachment. If at any point in the process, Bridge Division determines the attachment to be unacceptable, a reason is to be provided.&lt;br /&gt;
&lt;br /&gt;
To start, the utility owner submits a conceptual request to the district utilities staff. The conceptual request consists of an explanation of the proposal; a general location sketch (i.e., which side of the bridge); and details on the facility, length, and weight per foot when full. The district utilities staff should work with all relevant district personnel including the District Bridge Engineer in reviewing and recommending the attachment. The district utilities staff will submit the recommended details to the Bridge Division to determine the applicable costs including future maintenance costs and for attachments to new bridges, design and construction. Once the Bridge Division has determined the cost, the district utilities staff shares the cost with the utility owner for their concurrence with furthering the process. For new bridges, if the utility owner concurs with the costs, the district utility staff will prepare the BR04 Agreement for execution by the utility owner and the Commission. MoDOT will be responsible for the design and construction of attachments to new bridges. For existing bridges, the district utilities staff will forward the applicable as-built bridge plans to the utility owner for its use in designing the bridge attachment. The utility owner will provide detailed design drawings, signed and sealed by a professional engineer in the State of Missouri, to the district utilities staff for review. The district utilities staff should work with all relevant district personnel, including the District Bridge Engineer, in reviewing and recommending the details of the attachment to the Bridge Division. Once Bridge Division approves, the Bridge Division will prepare the BR09 Agreement for execution by the utility owner and the Commission. The utility owner is responsible for the construction of attachments to existing bridges. A flow chart, [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_7_BridgeAttachementProcess_AOD.pdf EPG Figure 643.1.7], of the process is available.&lt;br /&gt;
&lt;br /&gt;
Payment from the utility owner for the attachment will be sent to Financial Services by district utilities staff. For BR04 agreements, district utilities staff should discuss with Financial Services how to get the payment credited to the project constructing the attachment. For BR09 agreements, district utilities staff should copy Bridge Division on correspondence with Financial Serves. Checks should be made payable to Director of Revenue, Credit State Road Fund.&lt;br /&gt;
&lt;br /&gt;
For requests from government entities such as cities, counties, and other municipalities, the requested information should be submitted to Bridge Division as described above. However, the district utilities staff will take the lead in preparing the DE10 County Agreement or DE11 Municipal Agreement, as applicable, with input from Bridge Division and Bridge Maintenance. All fees are waived for government entities.&lt;br /&gt;
&lt;br /&gt;
===643.1.5.3 Considerations===&lt;br /&gt;
The following considerations are made in determining the acceptability of a bridge attachment. Unique situations will be discussed with the Bridge Division as required.&lt;br /&gt;
&lt;br /&gt;
====643.1.5.3.1 Bridge Asset Management Program====&lt;br /&gt;
Requests for bridge attachments should be reviewed for consistency with the district’s upcoming bridge asset management program needs. If a structure is due for rehabilitation or replacement in the near future, information should be provided to the utility owner indicating existing remaining life of the bridge. In some instances, it may be in MoDOT’s best interest to deny the request for attachment outright. In some instances, the utility owner may still choose to pursue the short-term attachment to the existing structure. In almost all cases, the utility owner is responsible for the cost of removing and/or relocating their utility facilities for a necessary repair, widening, improvement or reconstruction of the structure. Review existing agreements for cost responsibility for current attachments.&lt;br /&gt;
&lt;br /&gt;
====643.1.5.3.2 Aesthetics====&lt;br /&gt;
In reviewing a request for a bridge attachment, how the structure is viewed by the public will be considered. For example, is the structure over a scenic stream that is extensively used by canoeists, or does the structure span a road that may provide access to a park, campgrounds, or boat launching facilities? Is the structure a grade separation where the motoring public will see the attachment before they pass under it?&lt;br /&gt;
&lt;br /&gt;
====643.1.5.3.3 Method of Attachment====&lt;br /&gt;
In order to maintain structural integrity of any structures the following requirements will apply for attachments.&lt;br /&gt;
&lt;br /&gt;
=====643.1.5.3.3.1 Welding=====&lt;br /&gt;
Welding of hardware to structural steel members (i.e., flanges, webs, stiffeners, and diaphragms) whether in tension or compression is not permitted.&lt;br /&gt;
&lt;br /&gt;
=====643.1.5.3.3.2 Drilling=====&lt;br /&gt;
Drilling holes in any structural steel member is not permitted. Drilling holes for anchors into any prestressed concrete member is not permitted. Although permitted, drilling holes for anchors into the underside of bridge decks must be done with caution. It is recommended all anchors be installed to miss deck reinforcing steel. Generally, drilling into decks will not be allowed where sonotubes were used (voided slab bridges). The depth of the holes should be such that breaking out of the concrete on the top side of the deck does not occur.&lt;br /&gt;
&lt;br /&gt;
=====643.1.5.3.3.3 Corrosion=====&lt;br /&gt;
Attachment hardware will be new, properly coated to prevent corrosion or be of a non-corrosive material, and be designed to support the facility.&lt;br /&gt;
&lt;br /&gt;
====643.1.5.3.4 Location====&lt;br /&gt;
In general, attachments are made on the underneath side of the bridge deck. The condition of the bridge deck will dictate the location of the attachment supports. An exception may be attachments to trusses or other overhead structures.&lt;br /&gt;
&lt;br /&gt;
Attachments that may require manholes in bridge decks are not allowed.&lt;br /&gt;
&lt;br /&gt;
When attachments are required to structures over streams that may carry large drifts, they must be attached to the downstream side of the structure and above the lowest superstructure element. It is preferred to locate the attachment on the outside of the exterior girder. If aesthetics are a concern, a better appearance can be achieved by having the attachment made to the inside of the exterior girder and above the bottom of the lower flange to hide the conduit and the attaching hardware.&lt;br /&gt;
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Placement of utilities must not prevent the removal of old paint, the application of new paint on superstructure steel, or cause debris buildup, which could cause structural deterioration.&lt;br /&gt;
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====643.1.5.3.5 Construction and Maintenance====&lt;br /&gt;
If the attachment cannot be built while maintaining one (1) lane of traffic on the structure, it will not be allowed.&lt;br /&gt;
&lt;br /&gt;
Construction procedures that severely impact traffic may factor into the allowable location of the attachment on the structure.&lt;br /&gt;
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When scaffolding is to be attached or supported by bridge rails, bridge superstructure, or bridge substructure, the procedures for construction of the attachment must be reviewed.&lt;br /&gt;
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The utility owner or local entity will pay for, or be responsible for, the painting of the attachment, if necessary, when the bridge requires painting.&lt;br /&gt;
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==643.1.6 Private Lines==&lt;br /&gt;
Private lines are permitted to cross the right of way of a highway in the same manner as outlined for all utility facilities in above sections of this article. Parallel installations along the right of way of a highway are not permitted. Special conditions at a specific location that make adherence to this policy impractical will be submitted to the Chief Engineer for consideration of an acceptable alternative. In certain situations, it may be necessary to obtain approval from the Federal Highway Administration (FHWA) before approval to use the alternative can be given to the private utility owner.&lt;br /&gt;
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==643.1.7 Water and Sewer Separations==&lt;br /&gt;
The Missouri Department of Natural Resources (MoDNR) Safe Drinking Water Commission via 10 CSR 60-10 and Clean Water Commission via 10 CSR 20-8 govern the design of water and sewer lines in the vicinity of one another. Basic criteria are outlined below for information, and details are contained within the regulations. MoDOT is not responsible for providing or acquiring adequate right of way for utility owners to comply with MoDNR requirements.&lt;br /&gt;
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===643.1.7.1 Water and Sewer Separations===&lt;br /&gt;
====643.1.7.1.1 Horizontal====&lt;br /&gt;
Sanitary and storm sewers are to be laid at least ten feet (10’) horizontally measured from outside edge to outside edge from any existing or proposed water main. In cases where it is not practical to maintain ten feet (10’) of separation, installation of the water main closer to the sewer is acceptable where the water main is installed in a separate trench or on an undisturbed earth shelf located on one (1) side of the sewer at an elevation so the bottom of the water main is at least eighteen inches (18”) above the top of the sewer.&lt;br /&gt;
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===643.1.7.2 Crossings===&lt;br /&gt;
Water mains are to be laid to provide a minimum vertical distance of eighteen inches (18”) vertically measured outside edge to edge from sanitary or storm sewers. This is the case whether the water main is above or below the sewer. One (1) full length of water pipe must be located so both joints will be as far from the sanitary or storm sewer line as possible. Special structural support for the water main or sanitary or sewer main may be required.&lt;br /&gt;
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===643.1.7.3 Exception===&lt;br /&gt;
When it is impossible to obtain proper horizontal and vertical separation as stipulated, the sewer will be designed and constructed equal to water pipe and will be pressure-tested to assure it is watertight prior to backfilling.&lt;br /&gt;
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===643.1.7.4 Water Supply Interconnections===&lt;br /&gt;
No physical connection is permitted between a public or private potable water supply system and any sanitary or storm sewer or appurtenance that would permit the passage of any sewage or polluted water into the water supply. No water pipe is permitted to pass through or come in contact with any part of a sanitary sewer manhole.&lt;br /&gt;
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===643.1.7.5 Water Works Structures===&lt;br /&gt;
Sewers are not permitted to be installed within fifty feet (50’) in any direction from any existing or proposed public water supply well or other water supply sources or structures.&lt;br /&gt;
&lt;br /&gt;
==643.1.8 Variances==&lt;br /&gt;
Occasionally, it is impractical to locate a utility facility in accordance with requirements outlined in this article. MoDOT may consider a utility owner’s request for a variance from these requirements on a case-by-case basis. The utility owner should complete a [https://epg.modot.org/forms/general_files/DE/UtilityVarianceApprovalForm.docx Utility Variance Approval Form] to be submitted to MoDOT for consideration. Variances on the Interstate System require approval of the Federal Highway Administration (FHWA). A flow chart, [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_8_VarianceApprovalProcess.pdf EPG Figure 643.1.8], of the variance process is available.&lt;br /&gt;
&lt;br /&gt;
A variance will not be permitted just for the convenience of the utility owner. The utility owner requesting a variance must provide all necessary information to properly evaluate if a variance should be approved. For example, a utility owner requesting a variance because “the utility corridor is full” must explore all reasonable options. It is suggested that the requestor pothole the existing utility corridor to confirm the location of existing utility facilities and provide that data to support the need to locate outside of the utility corridor due to its congestion.&lt;br /&gt;
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===643.1.8.1 Variance Process===&lt;br /&gt;
Any utility owner of a public utility facility may apply for a variance. The process for requesting a variance is as follows:&lt;br /&gt;
&lt;br /&gt;
====643.1.8.1.1 Submittal Requirements====&lt;br /&gt;
Utility owners submit to the district utilities staff a written request for a variance using the [https://epg.modot.org/forms/general_files/DE/UtilityVarianceApprovalForm.docx Utility Variance Approval Form]. The utility owner must clearly show the provision(s) or guideline(s) for which the variance is being requested; the condition(s) which the utility owner believes warrant(s) the granting of a variance; a thorough explanation of the reason(s) for the requested variance, including sufficient and appropriate documentation of safety, aesthetic, or constructability constraints that would be adverse to the function, access, or maintenance of the utility facility and not in the best interest of the public.&lt;br /&gt;
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====643.1.8.1.2 MoDOT Consideration of Variance Request====&lt;br /&gt;
The utility owner bears full responsibility for demonstrating to MoDOT’s satisfaction that the variance is the most appropriate way to serve the public interest. MoDOT may present to the utility owner and the utility owner must consider reasonable alternatives to the variance requested by the utility owner. In determining whether to grant a variance, district utilities staff will consider all relevant factors including, but not limited to: the requested variance is reasonably necessary for the convenience, safety, health, and/or welfare of the public; there is an exceptional or undue burden or hardship on the specific applicant; a physical impracticability that would result from the applicant’s adherence to the normal location requirements; and the requested variance will not impair the safe construction, maintenance, operation, and safety of public travel on the highway. District utilities staff may consult with the Design Liaison Engineer in evaluating variances.&lt;br /&gt;
&lt;br /&gt;
====643.1.8.1.3 Approval of Variances====&lt;br /&gt;
Once district utilities staff have agreed to accept a variance proposed by the utility owner, the [https://epg.modot.org/forms/general_files/DE/UtilityVarianceApprovalForm.docx Utility Variance Approval Form] and all supporting documentation is sent to the District Design Engineer (DDE) for approval. If a variance is on interstate right of way, the DDE-signed Variance Request Form and all supporting documentation is forwarded to the Design Liaison Engineer who will forward to FHWA for their concurrence.&lt;br /&gt;
&lt;br /&gt;
====643.1.8.1.4 Variance Appeal Informal Hearing====&lt;br /&gt;
If denied a variance, the utility owner has thirty (30) calendar days to request an informal hearing for the purpose of appealing the denial. Requests must be made in writing to the State Design Engineer, Missouri Department of Transportation, P.O. Box 270, Jefferson City, MO 65102. If the utility owner requests an informal hearing, MoDOT’s authorized representative will advise the applicant of the time, date, and place of the hearing. The hearing is not a contested case under RSMo 536. The rules of evidence will not apply at the hearing, and MoDOT’s decision after the conduct of the hearing is not subject to further appeal.&lt;br /&gt;
&lt;br /&gt;
==643.1.9 Excess Right of Way==&lt;br /&gt;
Prior to conveyance of excess right of way, the status of utility facilities within said parcel must be addressed. See [[236.5_Property_Management#236.5.12_Excess_Land_Conveyances_&amp;amp;_Relinquishments_–_Regulated_Utilities|EPG 236.5.12]].&lt;br /&gt;
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==643.1.10 Broadband==&lt;br /&gt;
Broadband development in the state of Missouri is handled by the Department of Economic Development (DED). MoDOT shares its approved Statewide Transportation Improvement Program (STIP) project list with DED. All MoDOT policies related to placement of utility facilities within Commission right of way as outlined in this EPG 643.1 are to be followed.&lt;br /&gt;
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https://epg.modot.org/files/5/55/643.1_Utility_Status_Letter.doc&lt;br /&gt;
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&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643.2 Utilities in Program Delivery &#039;&#039;PAGE TITLE&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt; &lt;br /&gt;
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==643.2.1 Introduction==&lt;br /&gt;
Improvements to the highway system often require negotiation between the Commission and a city, a county, or a public or private utility owner. The Commission’s district utilities staff is responsible for coordination of highway improvement projects with the utility owner’s representative. The impact to a utility, the responsibility for the cost of adjustments necessary to allow highway construction, the plan of adjustment of the utility, the responsibility of performance of work on utility facilities, and the schedule of the utility adjustment are all items that vary depending on the project and should be investigated and negotiated to ensure highway improvement projects are delivered on-time and on-budget. These should comply with Commission policy. A [https://epg.modot.org/forms/general_files/DE/flowchart.pdf flowchart] outlining all the utility adjustment processes (reimbursable and non-reimbursable relocations, Master Reimbursable Utility Agreements and Project Specific Agreements, etc.) are available in the list of figures at the top of the page. These processes will not always be in combination, but each should be considered with each project.&lt;br /&gt;
&lt;br /&gt;
The district utilities staff, in conjunction with the Transportation Project Manager (TPM), is expected to invite and encourage participation of utility owner representatives in MoDOT project meetings as needed.&lt;br /&gt;
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When a project involves utility adjustments for which the Commission is responsible for costs, the TPM should program the costs of the utility adjustments as non-contractual construction costs in the STIP Information Management System (SIMS).&lt;br /&gt;
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==643.2.2 Annual Utility Meeting==&lt;br /&gt;
Each district should hold an annual meeting with utilities to discuss current STIP projects in the district. The annual meeting should be held during each year&#039;s STIP preparations, ideally between January and May. All utility owners that have utility facilities in the district should be invited. The intent is to provide the utility owners with an idea of upcoming projects to allow them the opportunity to plan and budget for potential adjustments of their utility facilities, identify both MoDOT and utility roadblocks, and develop action plans to complete utility adjustments better, faster, and cheaper.&lt;br /&gt;
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==643.2.3 Determination of Existing Utilities==&lt;br /&gt;
District utilities staff should determine the appropriate level of effort needed to accurately identify existing utilities within the footprint of a proposed highway construction project. Aboveground utilities are easily identifiable via field checks; however, determination of the precise location of underground utilities can be more challenging and time consuming. Therefore, the district utilities staff should balance the risk of conflict with the highway construction project against the level of effort needed to determine the location.&lt;br /&gt;
&lt;br /&gt;
The level of effort on mapping utilities is dependent on the scope of the project and the potential for utilities having an impact on the construction of the project. The project schedule should include the time to complete this task accurately. The time and effort necessary for having accurate locates requires close interaction with the utility locators. Early contact with utility owner representatives may be necessary to accurately locate underground utility facilities.&lt;br /&gt;
&lt;br /&gt;
Various methods of determining existing underground utilities result in different levels of quality. ASCE Standard 38 Standard Guidance for Investigating and Documenting Existing Utilities classifies four levels of quality:&lt;br /&gt;
:1. Quality Level D: QL-D is the most basic level of information for utility locations. It comes solely from existing utility records or verbal recollections, both typically unreliable sources. It may provide an overall &amp;quot;feel&amp;quot; for the congestion of utilities but is often highly limited in terms of comprehensiveness and accuracy. QL-D is useful primarily for project planning and route selection activities.&amp;lt;br&amp;gt;&lt;br /&gt;
: ● Missouri 811 or “private-locate” markings are to be considered to be QL-D.&lt;br /&gt;
:2. Quality Level C: QL-C is probably the most used level of information. It involves surveying visible utility facilities (e.g., manholes, valve boxes, etc.) and correlating this information with existing utility records (QL-D information). When using this information, it is not unusual to find that many underground utilities have been either omitted or erroneously plotted. Therefore, its usefulness is primarily on rural projects where utilities are not prevalent or are not too expensive to repair or relocate.&lt;br /&gt;
:3. Quality Level B: QL-B involves the application of appropriate surface geophysical methods to determine the existence and horizontal position of virtually all utilities within the project limits. This activity is called &amp;quot;designating&amp;quot;. The information obtained in this manner is surveyed to project control. It addresses problems caused by inaccurate utility records, abandoned or unrecorded utility facilities, and lost references. The proper selection and application of surface geophysical techniques for achieving QL-B data is critical. Information provided by QL-B can enable the accomplishment of preliminary engineering goals. Decisions regarding location of storm drainage systems, footers, foundations, and other design features can be made to avoid conflicts with existing utilities. Slight adjustments in design can produce substantial cost savings by eliminating utility relocations.&lt;br /&gt;
:4. Quality Level A: QL-A, also known as &amp;quot;locating or potholing&amp;quot;, is the highest level of accuracy presently available and involves the full use of the subsurface utility engineering services. It provides information for the precise plan and profile mapping of underground utilities through the nondestructive exposure of underground utilities, and provides the type, size, condition, material, and other characteristics of underground features.&lt;br /&gt;
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For projects with scopes that have potential for utility conflicts, the minimum level of effort required is SUE Quality Level D. Locations of existing utilities are determined by requesting locates through Missouri 811, also known as the “One-Call” process. Missouri 811 locating requests should be carefully considered for the scope of work of the project. When necessary, the location of existing utilities should be established by a field survey of locate markings and features and shown on the roadway plans. Higher level SUE Quality Levels can be used on any project. Adjustment cost savings, whether to the MoDOT or to the utility owner, are beneficial to the taxpayer. Good SUE projects are typically urban in nature, or in congested areas, where the project footprint is to be minimized, or anytime accurate vertical and horizontal location of the utility facility might allow a design to avoid the utility facility thus preventing the need for the adjustment. The SUE process combines civil engineering, surveying, and geophysics. It utilizes several technologies, including vacuum excavation and surface geophysics.&lt;br /&gt;
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When proposed excavation or installation of subsurface features (drainage, equipment bases, etc.) falls within three feet (3’) of a marked Missouri 811 line, soft digging (hand digging, potholing, vacuum methods, pressurized air/water jetting, pneumatic hand tools, etc.) is required to more exactly locate the utility facility both horizontally and vertically. Utility facilities present within the right of way by permit, should be investigated by the utility owner. Utility facilities that would be reimbursable or partially reimbursable as defined in EP 643.2.8 will be investigated by MoDOT.&lt;br /&gt;
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==643.2.4 Conflict Determination==&lt;br /&gt;
Determination of whether a conflict exists between an existing utility facility and a proposed highway improvement project should occur at the earliest possible stage of project development. A conflict may be the result of the physical interaction between the roadway infrastructure and utility facility, a reduction in cover or increase in fill over underground utilities, a reduction in horizontal clearance whether above or below ground, a reduction in overhead vertical clearance, paving over utilities, or restricting a utility owner’s access to its utility facilities. District utilities staff should work with utilities to determine if a conflict exists and the appropriate plan of adjustment to remedy the conflict. The adjustment to the utility may be a relocation or another measure that protects the utility or access to the utility from the proposed highway improvement project. Determination of a conflict needs to be continually re-evaluated as the project design progresses. Continuing coordination is essential.&lt;br /&gt;
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==643.2.5 Utility Plan of Adjustment==&lt;br /&gt;
===643.2.5.1 Request for Plan of Adjustment===&lt;br /&gt;
District utilities staff will request a plan of adjustment from utility owners whose utility facilities are in conflict with a proposed highway project. The plan of adjustment may consist of efforts to relocate the utility or otherwise protect a utility from the impacts of the proposed highway project. Utilities are shown on the roadway plan and profiles sheets that are furnished to utility owners for use in planning required utility adjustments. Any other sheets such as drainage, traffic signal, lighting, or ITS plans that show impacts to a utility facility should also be provided to the utility owners. All adjustments, reimbursable or not, require a plan of adjustment furnished by the utility owner.&lt;br /&gt;
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A transmittal letter is included in the request for a plan of adjustment. The letter informs the utility owner that regardless of whether an adjustment is reimbursable, no physical adjusting or relocating of their utility facilities to accommodate the proposed highway improvement is to be performed without specific approval and authorization. Additionally, if any part of the adjustment has the potential to be reimbursable, they are advised:&lt;br /&gt;
# They may undertake preliminary engineering by their own forces upon approval by district utilities staff of the estimated costs of preliminary engineering.&lt;br /&gt;
# They may employ a consultant to do the PE work provided they request and obtain prior approval. See [[#643.2.6_Preliminary_Engineering_Requirements|EPG 643.2.6 Preliminary Engineering Requirements]].&lt;br /&gt;
# Any preliminary engineering costs accrued prior to the date of written authorization to proceed will not qualify for reimbursement.&lt;br /&gt;
# Replacement right of way or easements cannot be purchased without specific approval and authorization.&lt;br /&gt;
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===643.2.5.2 Proposed Plan of Adjustment===&lt;br /&gt;
Developing a plan of adjustment is a multi-step process. The utility owner will propose a conceptual approach to adjusting the utility facilities to allow highway construction. This conceptual approach is used as the basis for determining cost responsibility, estimate of costs for preliminary engineering and construction, developing the agreement if necessary, and final design of the adjustment. Negotiations between district utility staff and the utility owner’s representative can result in changes to the design throughout the process.&lt;br /&gt;
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Final plans of adjustment must contain a legend on the first sheet identifying the utility symbols used. They must also show the existing utility facilities and their disposition, the location of the new or adjusted utility facilities, the existing and new right of way lines, the limited or fully controlled access symbols (where applicable), the existing and proposed roadways, ramps, and outer roadways and any other pertinent roadway information. They must contain sufficient details concerning location, elevation, compaction, clean up, etc. to provide for the proper adjustment of the utility facility. Relocated and/or existing utility facilities that will remain in place must be dimensioned or indicated in a manner to show their location in respect to the right of way lines. It is preferred that the utility owner transmits the plan of adjustment by electronic deliverables in a format that can be incorporated into the roadway plans. This will reduce the time and effort necessary as well as increase the accuracy of transferring this information into the roadway plans.&lt;br /&gt;
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Plans of adjustment received from the utility owner are to be checked for compliance with MoDOT’s requirements ([[#643.1_Utilities_Location|EPG 643.1 Utility Location]]) by the district utilities staff. They are also checked to ensure compatibility with the roadway design. Any continuing conflicts are resolved through negotiations with the utility owner.&lt;br /&gt;
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Occasionally, it is impractical to perform a utility adjustment in accordance with MoDOT’s requirements. Sometimes the utility may request approval of a plan of adjustment that does not conform to these requirements. Deviation from MoDOT’s utility requirements is a variance. Refer to [[#643.1.8_Variances|643.1.8 Variance Process]] for additional guidance.&lt;br /&gt;
The final plan of adjustment is included as Exhibit “A” to the agreement ([[#643.2.12_Utility_Agreements|EPG 643.2.12 Agreements]]).&lt;br /&gt;
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==643.2.6 Preliminary Engineering Requirements==&lt;br /&gt;
Preliminary engineering (PE) can be performed one of four ways for utility adjustments:&lt;br /&gt;
# The utility owner can use its own engineering forces.&lt;br /&gt;
# MoDOT can select an engineering consultant, after consultation with the utility owner, and the consultant contract will be administered by MoDOT.&lt;br /&gt;
# The utility owner can select an engineering consultant, with approval by MoDOT, and the consultant contract will be administered by the utility owner.&lt;br /&gt;
# If a utility adjustment is being included in a MoDOT administered construction contract, the preliminary engineering of the adjustment can be provided by MoDOT.&lt;br /&gt;
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For reimbursable utility adjustments, the amount paid to engineers, architects, and others for required engineering and allied services can be included in reimbursement amount provided such amounts are not based on a percentage of the costs of the necessary adjustments to allow highway construction. Reimbursement is available for contracts executed after solicitation of a consultant for the specific adjustment or existing continuing contracts when it is demonstrated that such work is performed regularly for the utility owner in its own work and that the costs are reasonable.&lt;br /&gt;
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A [https://epg.modot.org/forms/general_files/DE/UtilityConsultantContractChecklist.docx checklist is available for reviewing consultant-engineering contracts] to ensure the contract conforms to MoDOT policy and complies with applicable federal regulations. District utilities staff should use the checklist to review contracts and may consult with Audits and Investigations Division as necessary. The procedures in 23 CFR part 172, Administration of Engineering and Design Related Service Contracts may be used as a guide for reviewing proposed consultant contracts. [[:LPA:136.4_Consultant_Selection_and_Consultant_Contract_Management|EPG 136.4 Consultant Selection and Consultant Contract Management]] may also be used as a guide.&lt;br /&gt;
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===643.2.6.1 Solicited Consultant Contracts===&lt;br /&gt;
If solicitation of PE services is required for reimbursable utility adjustments, the utility owner must provide the following documents and information to district utilities staff. These documents need to be provided as soon as the utility owner has chosen to solicit a consultant. Document 1 must be supplied by all utility owners. Documents 2 and 3 are only required when the utility owner is a local government agency who is also a political subdivision of the state of Missouri (e.g., city-owned utilities, county-owned utilities). All other utility owners are encouraged, but not required, to provide Documents 2 and 3:&lt;br /&gt;
# A statement that the utility owner is not staffed or able to perform the required PE services with its own forces.&lt;br /&gt;
# Provide the names of at least three (3) consultants considered.&lt;br /&gt;
# The criteria used to evaluate each consultant and reasons why the selected consultant was selected.&lt;br /&gt;
&lt;br /&gt;
The following documents need to be provided as soon as the utility owner has successfully negotiated and entered into a contract with the consultant:&lt;br /&gt;
# The name and address of the selected consultant.&lt;br /&gt;
# A statement that the &amp;quot;[https://epg.modot.org/forms/general_files/DE/CertificationOfConsultant.docx Certification of Consultant]&amp;quot; will be furnished immediately upon award of the contract to the consultant.&lt;br /&gt;
# One executed copy of the proposed engineering contract or agreement between the utility owner and consultant, only if the engineering will exceed $5,000.00.&lt;br /&gt;
# The consultant&#039;s fixed (lump sum) or estimated fee (actual cost) and the contract maximum.&lt;br /&gt;
# A cost summary providing a detailed breakdown of the basis for the consultant&#039;s compensation, including estimated labor hours, hourly rates for each classification, overhead rate (if used), the amount of profit charged, and any other estimated charges such as travel expenses, equipment rentals, etc. If an overhead rate is used, the consultant must also submit the supporting overhead rate calculations.&lt;br /&gt;
# An independent cost estimate of engineering services provided by the utility owner to use in comparison to the consultant’s proposed engineering services to check for cost reasonableness.&lt;br /&gt;
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===643.2.6.2 Continuing Consultant Contracts===&lt;br /&gt;
When a utility owner chooses to use an existing continuing contract for PE services, the utility owner must provide the following documents and information to the district utilities staff as soon as possible.&lt;br /&gt;
# A statement that the utility owner is not staffed or able to perform the engineering with its own forces.&lt;br /&gt;
# The name and address of the consultant under the existing continuing contract.&lt;br /&gt;
# A statement that the &amp;quot;[https://epg.modot.org/forms/general_files/DE/CertificationOfConsultant.docx Certification of Consultant]&amp;quot; will be furnished.&lt;br /&gt;
# A copy of the continuing contract to the district utilities staff. The district utilities staff will review the contract for reasonableness of cost.&lt;br /&gt;
# The consultant&#039;s fixed (lump sum) or estimated fee (actual cost) and the contract maximum for the work associated with the utility adjustment.&lt;br /&gt;
# A cost summary providing a detailed breakdown of the basis for the consultant&#039;s compensation, including estimated labor hours, hourly rates for each classification, overhead rate (if used), the amount of profit charged, and any other estimated charges such as travel expenses, telephone, etc. If an overhead rate is used, the consultant must also submit the supporting overhead rate calculations.&lt;br /&gt;
# An independent cost estimate of engineering services provided by the utility owner to use in comparison to the consultant’s proposed engineering services to check for cost reasonableness.&lt;br /&gt;
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===643.2.6.3 Consultant Contract Changes===&lt;br /&gt;
If a PE services contract between a utility owner and a consultant needs to be revised, a copy of the revised contract, fee, and schedule should be submitted by the utility owner to the district utilities staff prior to allowing for contract changes. District utilities staff should review the contract changes to ensure the revised contract conforms to MoDOT policy and complies with applicable federal regulations.&lt;br /&gt;
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==643.2.7 Environmental and Right of Way==&lt;br /&gt;
===643.2.7.1 Utilities and Environmental Clearances===&lt;br /&gt;
District utilities staff should coordinate with the TPM and utility owner’s representative to understand and communicate on known environmental and cultural constraints that could impact a utility owner’s plan of adjustment. This will allow the utility owner to consider permitting timelines and alternatives that avoid environmental or cultural resources to keep the project on schedule.&lt;br /&gt;
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One strategy to make project delivery more efficient and ensure regulatory compliance is for MoDOT to obtain the environmental and cultural resource permits and clearances for the utility owners associated with a roadway improvement while obtaining its own. This would generally only be for the permits and regulatory clearances MoDOT already needs to pursue as a part of the transportation improvement.&lt;br /&gt;
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District utilities staff should coordinate with the utility owner’s representative early in the project timeline to determine if it is in the best interest of both MoDOT and the utility owner to obtain permits and environmental clearances jointly. The following strategies can be utilized to determine if a joint approach to environmental work should be pursued:&lt;br /&gt;
* If utility facilities are moving to a location within or immediately adjacent to MoDOT right of way, a utility owner may be invited to participate in permitting and environmental compliance activities.&lt;br /&gt;
* If utilities move to a location not within or adjacent to MoDOT right of way, the utility company would not normally be invited to participate in permit applications and environmental compliance activities. However, some unique projects may necessitate further attention and should be discussed with the Design Liaison Engineer.&lt;br /&gt;
&lt;br /&gt;
If MoDOT and the utility owner agree to obtain joint permits and clearances, written communication between the utility owner’s representative and the district utilities staff should document the following items:&lt;br /&gt;
* List of the permits and clearances that MoDOT will acquire on behalf of the utility owner.&lt;br /&gt;
* List of the information needed from the utility owner in order for MoDOT to acquire the permits and clearances.&lt;br /&gt;
* Schedule and deadlines for submittal of the information by the utility owner. For example: utility plans, fill quantities, construction methods, dates, or seasons of construction.&lt;br /&gt;
&lt;br /&gt;
Permits and clearances that may be needed by both a utility owner and MoDOT include:&lt;br /&gt;
* [[127.7_Threatened_and_Endangered_Species|Endangered Species Act consultation and clearance]]&lt;br /&gt;
* [[127.2_Historic_Preservation_and_Cultural_Resources#127.2.1.1_Historic_Preservation_Regulations_and_Laws|Section 106 of the National Historic Preservation Act clearance]]&lt;br /&gt;
* [[127.10_Section_4(f)_Public_Lands|Section 4(f) clearance]]&lt;br /&gt;
* [[127.10_Section_4(f)_Public_Lands#127.10.1.4_Section_6(f)_Laws_and_Regulations|Section 6(f) of the Land and Water Conservation Fund Act clearance]]&lt;br /&gt;
* [[127.4_Wetlands_and_Streams|Section 401 and Section 404 of the Clean Water Act permits]]&lt;br /&gt;
* [[:Category:806_Pollution,_Erosion_and_Sediment_Control#806.1_Introduction_(see_Sec._806)|Section 402 of the Clean Water Act permit (State Operating Permit for Erosion Control)]]&lt;br /&gt;
* [[127.8_Hazardous_and_Solid_Waste|Recommendations on contaminated soil disposition]]&lt;br /&gt;
&lt;br /&gt;
===643.2.7.2 Right of Way Acquisition and Utilities===&lt;br /&gt;
The Commission is obligated to acquire the width of right of way required by the design of the highway improvement. For utility facilities currently located within the Commission’s right of way, this includes the necessary space for the utility facilities impacted by the design of the highway improvement. Either additional right of way width to accommodate a utility corridor or a utility easement can be obtained for the relocation of utility facilities. When drainage easements are acquired along a channel, additional space for utility facilities should be considered to avoid conflicts between the utility facility and the bridge or culvert.&lt;br /&gt;
&lt;br /&gt;
District utilities staff should inform the utility owner’s representative of the potential of a conflict between an existing utility facility and a proposed highway construction project early in the project development process to allow sufficient time for the utility owner to prepare a plan of adjustment and notify the district utilities staff of any easement needs. When utility facilities are located on a utility owner’s private easement, the utility owner may obtain its own new easements. If the utility owner is not in a position to negotiate for new easements or if the utility owner’s policies will not permit it to condemn property to obtain the easement, MoDOT can acquire the easement in the same manner roadway right of way is obtained. The district utilities staff should verify the utility owner is aware of the opportunity to have MoDOT acquire the easement, and the utility owner should provide written documentation on whether the utility owner would like to pursue this option with MoDOT.&lt;br /&gt;
&lt;br /&gt;
For situations where the utility owner will obtain its own replacement right of way and the cost of the adjustment is MoDOT’s responsibility, the utility right of way cost should be reviewed by the district right of way department to ensure the cost is reasonable and acquisition followed state and federal regulations. In order to expedite utility adjustments necessary to allow highway construction, the district utility staff may authorize the utility owner to obtain easements prior to all details of a plan of adjustment being developed. In this situation, the district utilities staff should ensure enough details are known to justify the needed right of way, and an agreement for right of way costs only should be executed with the utility owner.&lt;br /&gt;
&lt;br /&gt;
For situations where MoDOT will obtain the right of way necessary to allow highway construction, district utility staff should negotiate with the utility owner’s representative to ensure all necessary utility easements are shown on the approved right of way plans. The TPM should confirm with district utilities staff that the right of way plans accurately reflect the needs of the utility owners prior to requesting right of way plan approval. The district Right of Way Manager should confirm with district utilities staff before requesting an acquisition date (A-date). Every effort should be made to avoid adding utility easement requests once negotiations with property owners have begun.&lt;br /&gt;
&lt;br /&gt;
Occasionally, when negotiations cannot be completed for easements for the adjustment of utility facilities, it may be necessary to condemn for the property. District utilities staff should coordinate with the utility owner’s representative to ensure no alternate design for the adjustment of the utility facility is practical. The decision to condemn for easements for the adjustment of the utility facilities requires the exercise of good judgment in reaching the conclusion that further good faith negotiations are futile and condemnation is necessary to maintain the project in the scheduled letting. The TPM should coordinate with the district utilities staff and district Right of Way (RW) personnel on the condemnation proceedings.&lt;br /&gt;
&lt;br /&gt;
Easement and other right of way documents used with utility owners are handled in accordance with procedures established jointly with RW and district utilities staff. District survey staff prepare the land descriptions for use in utility easements. The district utilities staff is responsible for completion of the easements in the correct form and scope. A sketch delineating the area described is attached to the easement as Exhibit “A”. Communication with the Design Division will ensure use of proper forms, corporate names and locations, and particular wording required for joint ownerships. The description for a utility easement is to be referenced to the nearest land corner shown on the plans. Examples of easements can be found in the template list in [https://netprod3.dot.missouri/eAgreements/Search/QuickSearch eAgreements].&lt;br /&gt;
&lt;br /&gt;
In situations where MoDOT is acquiring right of way with existing utility easements, but the district utilities staff and the utility owner’s representative agree that the utility facility may remain in place, the utility owner will release the property to the Commission separate from the right of way acquisition. This is done by executing an Easement for Highway Construction (UT16). The utility owner grants and conveys, with warranty of title expressed or implied, to the Commission, the right to construct, reconstruct, and maintain a highway over and across that portion of the easement owned and held by the utility owner. In the future, the utility owner retains any reimbursable rights should future projects require adjustments to allow highway construction.&lt;br /&gt;
&lt;br /&gt;
==643.2.8 Cost Responsibility==&lt;br /&gt;
In addition to determining if a conflict exists between an existing utility facility and a highway improvement project, it is important to determine who is responsible for the costs of the necessary adjustments to allow highway construction. An adjustment for which the Commission is responsible for the costs is known as a reimbursable adjustment. An adjustment for which the Commission is not responsible for the costs is known as a non-reimbursable adjustment. An adjustment for which the Commission and the utility share responsibility for costs is known as a partially reimbursable adjustment. Adjustments determined to be reimbursable or partially reimbursable by the Commission are to be completed under the terms of an agreement executed between the utility owner and the Commission.&lt;br /&gt;
&lt;br /&gt;
===643.2.8.1 Commission Responsibility===&lt;br /&gt;
====643.2.8.1.1 Utility Facilities Located on Private Easements====&lt;br /&gt;
When the utility facility is located on a private easement within the new right of way to be acquired for a future project, the Commission is responsible for the cost of the necessary adjustments to allow highway construction. It may be possible that such easement does not have written easement rights. The Commission will honor this oral right provided acceptable documentation is provided by the utility owner to the district utilities staff. An [https://epg.modot.org/forms/general_files/DE/NonwrittenEasementRights_Example.docx example of acceptable documentation for not written easement rights] is available. Other forms of documentation will be considered on an individual basis.&lt;br /&gt;
&lt;br /&gt;
=====643.2.8.1.1.1 Future Moves=====&lt;br /&gt;
When the utility facility is located on a private easement, taken into the Commission’s right of way, the Commission may agree that any future moves of the same utility by Commission order may be made at the Commission’s cost. Documentation of this agreement is by an Easement for Highway Construction (UT16) agreement. If the Commission provides a substitute private easement, then the Commission will have future obligations consistent with the utility facility’s status in an easement.&lt;br /&gt;
&lt;br /&gt;
====643.2.8.1.2 Utility Facilities Located within Commission Right of Way====&lt;br /&gt;
When the utility facility is located within Commission right of way, but has prior land rights, the Commission is responsible for the cost of adjustments to allow highway construction. The utility owner is responsible for documenting to the satisfaction of the district utilities staff, the basis for the claim of prior land rights within Commission right of way. Time spent researching prior rights is considered coordination and is reimbursable.&lt;br /&gt;
&lt;br /&gt;
====643.2.8.1.3 City or County Utility Facilities on City or County Streets====&lt;br /&gt;
When roadway improvements are within the corporate limits of cities, towns, and villages, a municipal agreement is negotiated between the Commission and the municipality. Likewise, when roadway improvements are within the limits of a county and outside the municipal limits, a county agreement is negotiated between the Commission and the County Commission. Included in these agreements are provisions regarding reimbursement for adjusting city or county owned utility facilities. Reimbursement is provided for adjustment of city or county owned utility facilities that are now located on city or county streets and not on Commission right of way.&lt;br /&gt;
&lt;br /&gt;
====643.2.8.1.4 Lumen====&lt;br /&gt;
Lumen – National (formerly CenturyLink, Lightcore, or Digital Telephone, Inc. (DTI)) and the Commission have entered into a partnership agreement, “Amended and Restated Fiber Optic Cable on Freeways in Missouri,” executed June 5, 2003 which obligates the Commission to be responsible for the cost of the necessary adjustments to allow highway construction along the routes identified in the agreement. A copy of the agreement is available to district utilities staff.&lt;br /&gt;
&lt;br /&gt;
====643.2.8.1.5 Services to the Commission====&lt;br /&gt;
When a utility facility provides a service connection to local Commission facilities such as power to traffic signals, lighting, ITS, and cathodic protection and phone drops to traffic signal controllers or other Commission facilities, the Commission is responsible for the cost of the necessary adjustments to allow highway construction.&lt;br /&gt;
&lt;br /&gt;
====643.2.8.1.6 Private Service Lines====&lt;br /&gt;
While most utility owners reconnect the private service lines at no cost to the property owner, some do not. If a utility owner does not reconnect service lines, MoDOT can include adjustment of private service lines in roadway contracts. Bid items for relocating service connections are provided for the different types of anticipated adjustments.&lt;br /&gt;
&lt;br /&gt;
====643.2.8.1.7 Second Moves====&lt;br /&gt;
If the Commission requires additional work to a utility facility after the facility has been relocated or adjusted in accordance with a plan of adjustment approved by the Commission for a single project number, the Commission is responsible for the cost of the additional work regardless of whether the initial adjustment was Commission responsibility as outlined in other parts of [[643.2_Local_Utility_Adjustments_-_Public_and_Private#643.2.8.1_Federalizing_Funds_for_Preliminary_Engineering|643.2.8.1]].&lt;br /&gt;
&lt;br /&gt;
The purpose of the policy is to encourage utilities to relocate early rather than waiting until plans are published for bidding. The policy eliminates the utility having to relocate twice at its own expense because of late changes in the design. It is best to have utilities relocated prior to construction, and this policy helps achieve that goal. Therefore, it is imperative that the designer notifies district utilities staff as soon as possible of any changes made after these plans have been sent. If notified immediately, it may be possible to inform the utility owner prior to their final design thereby eliminating a second move.&lt;br /&gt;
&lt;br /&gt;
Under this policy, the following are not considered second moves. Temporary and staged relocations necessary to accommodate construction and agreed upon by the utility and the Commission prior to relocation are considered a single move and are not subject to the provisions of the second move policy. If the Commission requires adjustment of a utility facility for which the utility owner is responsible for the cost of the adjustment and was originally determined to not need adjustment, the utility owner is responsible for the cost of the adjustment. The utility owner is responsible for the cost of additional work to any portion of the utility facility after the utility facility has been adjusted in accordance with a plan of adjustment approved by the Commission if the additional work is required by the Commission due to error by the utility owner in preparation of plan of adjustment, field location of, or construction of the adjustment of the utility facility.&lt;br /&gt;
&lt;br /&gt;
When evaluating construction contract changes by change order or value engineering, the impacts of the second move policy should be considered.&lt;br /&gt;
&lt;br /&gt;
===643.2.8.2 Utility Owner Responsibility===&lt;br /&gt;
====643.2.8.2.1 Utility Facilities Owned and Operated by a Political Subdivision====&lt;br /&gt;
When a utility facility is located within Commission right of way, but does not have prior land rights, the utility owner is responsible for the cost of the necessary adjustments to allow highway construction. When a utility facility is located on public right of way other than Commission right of way, the utility owner is responsible for the cost of the necessary adjustments to allow highway construction.&lt;br /&gt;
&lt;br /&gt;
When a political subdivision must bear part or all the cost of adjustments to their utility facilities, and the cost creates a financial hardship, the Commission, by its authorized representative, the Chief Engineer, may temporarily assume these costs. A payback agreement with the political subdivision will include an applicable interest rate for a comparable maturity from a widely published index of tax-exempt municipal rates obtained from Financial Services. Payback time will not exceed five (5) years.&lt;br /&gt;
&lt;br /&gt;
====643.2.8.2.2 Utility Facilities Other Than Those Owned by a Political Subdivision====&lt;br /&gt;
When a utility facility is on the right of way of a public road or street or on state highway right of way without prior land rights and adjustment is necessary to allow for the construction of a roadway improvement, the utility owner is responsible for the cost of the necessary adjustments to allow highway construction.&lt;br /&gt;
&lt;br /&gt;
===643.2.8.3 Shared Responsibility===&lt;br /&gt;
When a utility facility is located such that portions of it are a Commission responsibility and portions of it are a utility owner responsibility by the definitions above, the costs of the necessary adjustments to allow highway construction will be split by the Commission and the utility owner. If the exact cost for each party can be determined, each party will be responsible for their portion of the cost of relocating the utility facility. If the exact cost for each party cannot be determined, the parties will arrive at a percentage reimbursement on an equitable basis.&lt;br /&gt;
&lt;br /&gt;
===643.2.8.4 Notice of Hearing===&lt;br /&gt;
When relocation or other difficulties with utility facilities on public right of way arise that prevent resolution by negotiation, formal hearings will be required.&lt;br /&gt;
&lt;br /&gt;
The district initiates a request for a utility relocation hearing with a letter to the Chief Counsel’s Office (CCO) (a copy is provided to the Design Division) requesting a hearing date. CCO will arrange for a hearing room, court reporter, etc. and advise the district of the hearing date.&lt;br /&gt;
&lt;br /&gt;
The district will prepare the notice of hearing by strictly following the given format and serve the notice on all persons and utility owners listed. The property and utility owner must be served only by personal service or by mailing a certified letter, return receipt requested, no later than 15 days before the date of hearing. This will require the district to make every effort to identify the correct property owner before preparing the notice of hearing. To avoid delays, every attempt will be made to issue the hearing notice at least 30 days prior to the hearing date in case any property has changed ownership and any additional property owners must be served. A notice of hearing on service line connections will also be served on the private or public owner of the main or distribution line to which the service lines are connected. A notarized &amp;quot;[https://epg.modot.org/forms/general_files/DE/ReportOnPersonalService.docx Report of Personal Service]&amp;quot; will be completed when notification by certified mail is not used.&lt;br /&gt;
&lt;br /&gt;
One copy of the hearing notice and attachments, &amp;quot;[https://epg.modot.org/forms/general_files/DE/ReportOnPersonalService.docx Report of Personal Service]&amp;quot; and certified mail notices are to be submitted to CCO after notification is complete.&lt;br /&gt;
&lt;br /&gt;
Prior to the hearing, the district&#039;s representative will become familiar with the details of the utility adjustment in order to provide concise testimony to expedite the hearing process. CCO will assign an attorney to work with the district and present the case.&lt;br /&gt;
&lt;br /&gt;
Refer to 7 CSR 10-3.030 020 Utility Relocation Hearings for additional information.&lt;br /&gt;
&lt;br /&gt;
A Waiver of Hearing should be obtained for non-reimbursable adjustments to document the commitment of the utility owner to adjust its utility facilities without adversely impacting the highway construction project. This may be accomplished informally via written communications between the district utilities staff and the utility owner’s representative. A [https://epg.modot.org/forms/general_files/DE/WaiverOfHearingForm.docx formal Waiver of Hearing statement] may be requested by either MoDOT or the utility owner. A [https://epg.modot.org/forms/general_files/DE/WaiverOfHearingLetter.docx sample transmittal letter for the Waiver of Hearing] is available. For reimbursable or partially reimbursable adjustments, the formal agreement serves as the basis of documentation of this commitment.&lt;br /&gt;
&lt;br /&gt;
==643.2.9 Estimates==&lt;br /&gt;
District utilities staff will negotiate with utility owners to determine reimbursable costs of the necessary adjustments to allow highway construction ([[#643.2.8_Cost_Responsibility|EPG 643.2.8 Cost Responsibility]]). These estimates are prepared in accordance with the provisions of 23 CFR 645 and any amendment thereto. These estimates must reflect the same procedures and costs used by the utility owners in their normal operations and must also accurately represent the expected costs of the work. The utility owner’s estimate will be reviewed by the district utilities staff to ensure compliance with 23 CFR 645.&lt;br /&gt;
&lt;br /&gt;
===643.2.9.1 Independent Cost Estimate===&lt;br /&gt;
The independent cost estimate provides the basis for district utilities staff to review the utility owner’s estimate of costs of the necessary utility adjustments to allow highway construction and any subsequent negotiations with the utility owner. The district utilities staff should prepare an independent cost estimate. The independent cost estimate may be based on unit prices of anticipated items of work in a utility adjustment necessary to allow highway construction. The independent cost estimate alternately may be based on recent similar types of utility adjustments necessary to allow highway construction and scaled for size. Consultants can be used to develop the independent cost estimate. All documentation of the independent cost estimate should be placed in MoProjects.&lt;br /&gt;
&lt;br /&gt;
===643.2.9.2 Type of Project Cost Estimates===&lt;br /&gt;
Either Actual Cost or Lump Sum estimates may be used for estimating the costs on the necessary utility adjustments to allow highway construction. If an Actual Cost estimate is used, detailed records of materials, labor, and equipment are made by district utilities and/or construction staff during construction, and a final audit of the utility owner’s cost records is made to determine the Commission’s actual responsibility for costs of the adjustment completed to allow highway construction. If a Lump Sum estimate is used, a final audit of costs for an adjustment in payment is not required. The Actual Cost method requires more detailed record keeping and documentation by the utility owner and district staff during construction. The Lump Sum method requires more upfront detail and work by the utility owner and judgment on the district utilities staff on the acceptability of the cost. The district utilities staff will work with the utility owner’s representative to determine the best type of estimate and therefore agreement to use.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.2.1 Actual Cost Estimate====&lt;br /&gt;
The cost estimate that supports the actual cost agreement is prepared in sufficient detail to determine the reasonable expected cost of the work to support development of an agreement between the utility owner and the Commission. However, reimbursement is based on the actual costs of design and construction of the necessary adjustment to allow highway construction. The [https://epg.modot.org/forms/general_files/DE/ActualCostCostEstimate_Example.docx actual cost estimate] should detail all costs of the necessary adjustment to allow highway construction, even if the Commission is only responsible for a portion of the costs as detailed in EPG [[#643.2.8.3_Shared_Responsibility|643.2.8.3 Shared Responsibility]].&lt;br /&gt;
&lt;br /&gt;
[https://epg.modot.org/forms/general_files/DE/ActualCostCostEstimate_Example.docx Actual cost estimates] can be used for any dollar amount of reimbursement.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.2.2 Lump Sum Estimates====&lt;br /&gt;
The cost estimate that supports the lump sum agreement must be accurate, comprehensive, verifiable, and in sufficient detail to present a clear picture of the work involved and the cost of the individual items. The estimate may cover only that portion of the adjustment for which the Commission is responsible for the costs of the necessary utility adjustments to allow highway construction.&lt;br /&gt;
[https://epg.modot.org/forms/general_files/DE/LumpSumCostEstimate_Example.docx Lump sum estimates] are limited to a maximum of $200,000 of Commission responsibility of costs of the necessary utility adjustments to allow highway construction; however, exceptions may be made for special situations that have prior approval from Design Division. These exceptions usually cover major relocations for which the Commission&#039;s proportionate responsibility is extremely small.&lt;br /&gt;
&lt;br /&gt;
===643.2.9.3 Utility Cost Estimate Requirements===&lt;br /&gt;
Whether using an Actual Cost or Lump Sum estimate, the following should be included in the estimate, if applicable. If any of the following sections are not included in the estimate, a qualifying statement as to why the costs were not included should be provided.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.1 Scope of Work====&lt;br /&gt;
All estimates require a concise summary of the work to be performed on the estimate. An example is &amp;quot;an estimate of cost covering the work of relocating Company&#039;s 12-inch Cushing-Woodriver pipeline to accommodate construction of Route 47 in Franklin County on Job No. J6P0172&amp;quot;.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.2 Engineering Costs====&lt;br /&gt;
Costs of engineering, whether preliminary or construction, must be shown as separate items and are not to be included with &amp;quot;labor costs&amp;quot;. Concurrent cost accounting procedures of FHWA and MoDOT make this a necessity. See [[#643.2.6_Preliminary_Engineering_Requirements|EPG 643.2.6 Preliminary Engineering]] and [[#643.2.16.2_Construction_Contract_Requirements|EPG 643.2.16.2 Construction Contract Requirements]] for further information.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.3 Right of Way Costs====&lt;br /&gt;
A detailed estimate of the cost to acquire replacement easements by the utility owner is required. The cost should be supported by a right of way plan.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.4 Material Costs====&lt;br /&gt;
Quantities, description of the item, the unit cost, and the extended totals are shown. Percentage computations will be shown immediately following &amp;quot;total cost&amp;quot; so the utility owner’s and Commission&#039;s cost obligations are properly indicated. Unit assembly costs similar to those used by several of the rural electric association (R.E.A.) cooperatives are acceptable, provided the same units and charges are used in the utility owner’s regular operations. A handling charge conforming with the utility owner’s regular procedures may also be included.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.5 Labor Costs====&lt;br /&gt;
Hours, individual or crew rates, and extended totals are shown. Payroll additives such as insurance, retirement, social security, vacation, and other benefits are shown as a separate item under this heading in accordance with utility owner’s regular procedures. Adequate explanation must be given for total percentage used, especially in those cases where materials and labor are combined as unit costs or where labor percentages include additives and equipment requirements.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.6 Equipment Costs====&lt;br /&gt;
A description of the equipment to be used must be shown jointly with the number of hours to be charged. Rates charged for equipment usage must be justified by the utility owner’s established accounting procedures. When the utility owner does not have an established accounting procedure or a capitalization and depreciation schedule that is used in its own operations, the rates are to be established by using rental rate publications as a guide. A reasonable amount will be deducted, when using rental rate schedules, for profit that the rental company realizes. A full explanation of the methods used in establishing the rates must also be submitted to support the utility owner’s request and with approval of the district utilities staff.&lt;br /&gt;
&lt;br /&gt;
Equipment may be rented when the utility owner’s equipment is not available or is inadequate, with the rental rate justified by appropriate solicitation of bids. See [[#643.2.16.2_Construction_Contract_Requirements|EPG 643.16.2 Construction Contract Requirements]] for further information.&lt;br /&gt;
&lt;br /&gt;
Unusual accounting procedures may be accepted with adequate prior explanations and approval of the Design Division.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.7 Removal Costs====&lt;br /&gt;
These costs are estimated and shown in a similar method but separately from installation costs. When removal costs exceed salvage credits by more than the estimated cost of removal by the roadway contractor, an effort should be made to persuade the utility owner to abandon the utility facilities in place. An exception is made when the utility owner is required to remove abandoned utility facilities because of liability, hazard, or by specific agreement with the Commission. Abandoned utility facilities can be included with the miscellaneous removals in the roadway contract. It may be possible for the utility owner to remove those portions of the utility facility for which credits will exceed removal costs, with the remainder of the utility facility to be abandoned for removal in the roadway contract. Materials removed must be itemized, with the utility owner’s customary salvage credit given. Items to be scrapped or junked should be indicated. Whenever a utility facility or portion thereof is shown to be abandoned on the plan of adjustment, the roadway plans should be notated accordingly. This eliminates ownership problems if these utility facilities are removed or salvaged by the roadway contractor.&lt;br /&gt;
&lt;br /&gt;
When the utility facility is no longer needed and removal is necessary to accommodate the roadway project, the removal of the item may be handled either as a right-of way-item or a utility adjustment. When handled as a right of way item, the damages allowed are to equal the depreciated value of the utility facility, with the necessary removals being accomplished by the roadway contractor. If accomplished as a utility adjustment, the Commission, by utility agreement, will reimburse the utility owner for removal costs and receive salvage credit for the material removed, up to but not exceeding removal costs.&lt;br /&gt;
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====643.2.9.3.8 Salvage of Removed Materials====&lt;br /&gt;
This statement, to explain the salvage credit or lack of credit, will reflect routine utility owner policy as well as the particular situation. The utility owner will place a value on any recovered material for salvage. District utilities staff should check this value for reasonableness. Examples of salvage statements include:&lt;br /&gt;
* Existing utility facilities to be abandoned in place, since the cost of salvaging, based on our past experience, will exceed their value.&lt;br /&gt;
* Only those items will be salvaged for which salvage credit will exceed the cost of removal and salvage.&lt;br /&gt;
* Company liability requires removal of the retired utility facilities, even though the cost of removal will exceed allowable credit for salvage.&lt;br /&gt;
* Salvage credits are in accordance with established company accounting procedures.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.9 Accrued Depreciation Credits====&lt;br /&gt;
Credit is required for the accrued depreciation of a utility facility that is being replaced. Examples are a building, structure, pumping station, filtration plant, power plant, substation, or other similar operational unit. Credit for accrued depreciation will not be required for a segment of the utility&#039;s service, distribution, or transmission lines. It is also not required when the building or structure is being moved as necessitated by the highway project. Acceptable accrued depreciation credit will be determined by using the following formula:&lt;br /&gt;
:&amp;lt;math&amp;gt;\frac{Actual \; Length \; of \; Service \; of \; Replaced \; Facility \; (Years)}{Total \; Estimated \;  Service \; Life \; of \; Replaced \; Facility \; (Years)} \times Original \; Cost \; (\$) = Credit&amp;lt;/math&amp;gt;&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.10 Betterment Credits====&lt;br /&gt;
Betterment means the upgrading of the utility facility being relocated, made solely for the benefit of and at the election of the utility owner and is not attributable to the roadway improvement. Credit to the Commission is required for the additional costs incurred for the betterments introduced in the adjusted utility facility. No betterment credit is required for additions or improvements which are:&lt;br /&gt;
* Required by the highway project&lt;br /&gt;
* Replacement devices or materials that are of equivalent standards although not identical&lt;br /&gt;
* Replacement of devices or materials no longer regularly manufactured with next highest grade or size&lt;br /&gt;
* Required by law under governmental and appropriate regulatory commission code&lt;br /&gt;
* Required by current design practices regularly followed by the utility owner in its own work, and there is a direct benefit to the highway project&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.11 Overhead Costs====&lt;br /&gt;
Overhead costs are usually a percentage of the total labor cost. This item must be in accordance with the utility owner’s established accounting procedures, which in some cases may include handling costs or be a percentage of the total cost of the work involved. Additional attention to overhead costs is required when the rate is different from previously accepted rates. Occasionally, it can be difficult to obtain the necessary information at the time of the estimate to approve the overhead rates. In this situation, the estimate can be approved with exception of the overhead rates for payment. The utility owner is informed of this matter with the understanding that the overhead rates could be approved and paid with submission of appropriate supporting data and Financial Services audit review.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.12 Prorating Costs====&lt;br /&gt;
The need for prorating utility adjustment costs occurs when both the Commission and the utility owner are responsible for a portion of the utility adjustment necessary to allow for highway construction, and the actual costs for reimbursement in each category cannot be explicitly determined. Generally, the following conditions require division of costs:&lt;br /&gt;
* The adjustment is considered partially reimbursable per [[#643.2.8.3_Shared_Responsibility|EPG 643.2.8.3 Shared Responsibility]]&lt;br /&gt;
* Betterments are included in the necessary adjustment of the utility facility&lt;br /&gt;
&lt;br /&gt;
The district utilities staff should negotiate with the utility owner’s representative to determine an equitable basis for the prorating of costs based on the characteristics of the utility adjustment necessary to allow for highway construction.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.13 Costs Records====&lt;br /&gt;
The estimate should include a statement as to where the utility owner’s cost records may be reviewed. An example: &amp;quot;Company cost records will be available in our office at 2134 Industrial Avenue, Tulsa, Oklahoma&amp;quot;.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.14 Other====&lt;br /&gt;
Additional statements will explain or further clarify the work that is included. Such other items may include bypasses, special equipment, need for larger utility facilities, etc.&lt;br /&gt;
&lt;br /&gt;
==643.2.10 Schedule==&lt;br /&gt;
Timely adjustments of utility facilities are essential for efficient completion of highway construction projects. Ideally, all utility adjustments are completed prior to a project’s Plans, Specifications, and Estimate (PS&amp;amp;E) submittal to Central Office. Depending on the specifics of the highway construction and utility adjustment necessary, early completion of the utility adjustment may not be practical. The district utilities staff should negotiate with the utility owner to determine the schedule parameters necessary for the utility adjustment. At a minimum, the utility owner should document the dates it anticipates starting and completing the work. If a utility adjustment depends upon the completion of a portion of the highway construction, the necessary milestone for starting the utility adjustment should be documented along with an anticipated number of working days to complete the utility adjustment. The schedule is included as Exhibit “C” to the agreement.&lt;br /&gt;
&lt;br /&gt;
==643.2.11 Pre-Audits==&lt;br /&gt;
The district utility staff performs a pre-audit review and approval prior to preparation of the agreement. A [https://epg.modot.org/forms/general_files/DE/PreAuditChecklist.docx pre-audit checklist] should be completed and saved in MoProjects.&lt;br /&gt;
&lt;br /&gt;
==643.2.12 Utility Agreements==&lt;br /&gt;
Whenever the Commission is responsible for the cost of the necessary adjustments to allow highway construction, an agreement is required. If a Master Reimbursable Utility Agreement (see [[#643.2.12.2_Master_Reimbursable_Utility_Agreements|EPG 643.2.12.2]]) has not been executed with the utility owner, a Project Specific Agreement (see [[#643.2.12.3_Project_Specific_Agreements|EPG 643.2.12.3]]) is executed between the utility owner and the Commission. In some cases, it may be more practical for the Commission to include adjustment of utilities into a Commission administered contract. A Utility Agreement - Actual Cost (For Utility Work That is to be Included in the Missouri Highways and Transportation Commission&#039;s Road Project) (see [[#643.2.12.4_Agreement_for_Utility_Work_Included_in_Roadway_Improvement_Project|EPG 643.2.12.4]]). Agreements include a plan of adjustment (Exhibit “A”), cost estimate (Exhibit “B”), and schedule (Exhibit “C”).&lt;br /&gt;
&lt;br /&gt;
The Utility Agreement boilerplate forms have been approved by the Chief Counsel’s Office (CCO). They are identified in the upper left-hand corner of each agreement by an identifier such as CCO Form: UT01 for the Master Reimbursable Utility Agreement. CCO updates these agreements as necessary. They serve as a guide in the preparation of the agreement to be executed with the utility owner for the adjustments required to their utility facilities to accommodate the proposed roadway improvement project. District utilities staff should use the latest version of the agreement found in [https://netprod3.dot.missouri/eAgreements/Search/QuickSearch eAgreements] in drafting an agreement with utility owners. A list of utility agreements and detailed information concerning the sequence for preparing and executing an agreement is available in EPG [[:Category:153_Agreements_and_Contracts|153 Agreements and Contracts]].&lt;br /&gt;
&lt;br /&gt;
These forms are to be used word for word. Revisions or additions are only made to address specific project details. The intent of each paragraph must be retained, although specific words may be revised to fit the particular situation. No paragraphs are deleted without prior approval from CCO. For guidance on acceptance of liability, refer to the [[:Category:153_Agreements_and_Contracts#153.1.1.2_Acceptance_of_Liability_Policy_(MoDOT_Access_Only)|Acceptance of Liability Policy]] at the CCO SharePoint page. Drafts of agreements having major revisions or complications are to be submitted, with supporting data, to Design Division for comment and approval.&lt;br /&gt;
&lt;br /&gt;
A reference to 23 CFR 645 is included in all agreements. Utility owners must be acquainted with these requirements and procedures. The incorporation of 23 CFR 645 by reference in all agreements eliminates the need for a second set of regulations to be included in the document.&lt;br /&gt;
&lt;br /&gt;
The agreement for the adjustment of a utility is prepared by the district utilities staff and submitted to the utility owner for execution. The agreement is based on the plan, estimate of cost which was prepared in accordance with 23 CFR 645, and schedule. Authorized individuals representing the utility owner will execute the agreement. The agreement must be signed, sealed, and if necessary, notarized by the utility owner. If the utility owner does not have or use a corporate seal, write &amp;quot;NO SEAL&amp;quot; under the signatures of the owner’s officers. Agreements with political subdivisions are to be supported by an appropriate ordinance, a copy of which is to be submitted with the executed agreements. All copies will be forwarded to the CCO for further handling. A fully executed copy of the agreement will be retained in eAgreements. If the agreement was executed using electronic signatures, the district utilities staff should forward an electronic copy of the fully executed agreement to the utility owner. If the agreement was executed using wet signatures, one (1) paper copy of the fully executed agreement will be returned by the Commission Secretary’s Office to the district utilities staff. The district utilities staff will forward this copy to the utility owner.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.1 Buy America Build America Requirements===&lt;br /&gt;
All agreements contain information on Buy America Build America (BABA) compliance. The utility owner should select the method of certification (See [[#643.2.19_Buy_America_Build_America_for_Utilities|EPG 643.2.19]]) at the time of agreement completion. The appropriate paragraph will be inserted into the agreement. All BABA compliance documents must be retained by the utility owner and made available upon request at no cost to the Commission and/or FHWA.&lt;br /&gt;
&lt;br /&gt;
====643.2.12.1.1 Utility Owner Self-Certification====&lt;br /&gt;
The City/Company certifies that when determining products/materials subject to Buy America Build America requirements to use in the performance of this Agreement, it shall use only such products/materials for which it has received a certification from its supplier, or provider of construction services that procures the product/material, certifying compliance with Buy America Build America requirements. This does not include products/materials for which waivers have been granted pursuant to 23 CFR 635.410. The City/Company will not be required to provide the Commission copies of the supplier certification as part of this Agreement or with the final invoice of said Commission’s Federal-Aid Highway Construction Project.&lt;br /&gt;
&lt;br /&gt;
====643.2.12.1.2 Vendor/Manufacturer Certification====&lt;br /&gt;
The City/Company certifies that when determining products/materials subject to Buy America Build America requirements to use in the performance of this Agreement, it shall use only such products/materials for which it has received a certification from its supplier, or provider of construction services that procures the product/material, certifying compliance with Buy America Build America requirements. This does not include products/materials for which waivers have been granted pursuant to 23 CFR 635.410. The City/Company shall provide to the Commission all Buy America compliance documents as outlined in the Commission’s Engineering Policy Guide 643. All required compliance documents shall accompany the final invoice submitted to the Commission.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.2 Master Reimbursable Utility Agreements===&lt;br /&gt;
The UT01: Master Reimbursable Utility Agreement (MRUA) is a statewide agreement that has been executed by the utility owner and the Commission for all future reimbursable utility adjustments between both parties. Once a MRUA is executed, no other utility agreements are required on design-bid-build projects. The district utilities staff should encourage utility owners to enter into a MRUA with the Commission to reduce potential future delays in executing a project specific agreement. A list of previously executed [https://modotgov.sharepoint.com/sites/DE/Utilities/Agreements/MRUA%20-%20Existing?csf=1&amp;amp;web=1&amp;amp;e=4LJHoa Master Reimbursable Utility Agreements (Modot Access Only)] is available. District utilities staff should add newly executed agreements to this list. The MRUA can be employed as either an actual cost ([[#643.2.12.3.1_Actual_Cost_Agreements|EPG 643.2.12.3.1]]) or lump sum ([[#643.2.12.3.2_Lump_Sum_Agreements|EPG 643.2.12.3.2]]) agreement. When the reimbursable adjustment will utilize a MRUA, the district utilities staff will prepare a MRUA correspondence letter (“letter agreement”) referencing the executed MRUA. A copy of the MRUA correspondence letter should be saved in MoProjects for reference by Financial Services, the district construction office, and the district staff responsible for inspection of utility adjustments. All project specific items such as type of agreement (actual cost or lump sum), plan of adjustment, estimated total cost, cost allocation, and schedule are addressed in the MRUA correspondence letter from the district utilities staff to the utility owner. A flowchart of the MRUA process is available.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.3 Project Specific Agreements===&lt;br /&gt;
If a utility owner does not have a MRUA with the Commission, a project specific agreement will be required for every project for which the Commission is responsible for the necessary adjustments to allow highway construction. The project specific agreement will be either an actual cost ([[#643.2.12.3.1_Actual_Cost_Agreements|EPG 643.2.12.3.1]]) or lump sum ([[#643.2.12.3.2_Lump_Sum_Agreements|EPG 643.2.12.3.2]]) agreement.&lt;br /&gt;
&lt;br /&gt;
====643.2.12.3.1 Actual Cost Agreements====&lt;br /&gt;
The UT03: Utility Agreement – Actual Cost is used when detailed estimates are not practical or costs appear to be questionable. Details on actual cost estimates can be found at [[#643.2.12.3.1_Actual_Cost_Agreements|EPG 643.2.9.2.1 Actual Cost Estimates]]. Once the final invoice on a UT03 is submitted to Financial Services, district utilities staff should change the status on the agreement in eAgreements to completed.&lt;br /&gt;
&lt;br /&gt;
====643.2.12.3.2 Lump Sum Agreements====&lt;br /&gt;
The UT02: Utility Agreement – Lump Sum eliminates the need for keeping detailed records of cost and the auditing of cost records. Estimates of cost must be prepared in detail for use of this agreement. When detailed estimates are not practical or costs appear unreasonable, actual cost agreements are to be used. Use of special forms of agreements, such as &amp;quot;subordination agreements&amp;quot;, which are desired by certain utility owners, is acceptable. These, too, must be revised to cover the particular situation. Details on lump sum estimates can be found at [[#643.2.9.2.2_Lump_Sum_Estimates|EPG 643.2.9.2.2 Lump Sum Estimates]]. Once the final invoice on a UT02 is submitted to Financial Services, district utilities staff should change the status on the agreement in eAgreements to “completed”.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.4 Agreement for Utility Work Included in Roadway Improvement Project===&lt;br /&gt;
The UT04: Utility Agreement - Actual Cost (For Utility Work That is to be Included in the Missouri Highways and Transportation Commission&#039;s Road Project) allows for the adjustment to be based on actual cost with the roadway contractor performing the utility work. Caution should be exercised in the type of utilities to be relocated in roadway contracts. Utilities recommended are waterlines and sewer lines. Other utilities, such as gas lines, communication lines, and power lines are to be studied thoroughly before being included in the project.&lt;br /&gt;
&lt;br /&gt;
The Transportation Project Manager and district utilities staff must plan ahead to get this work in the roadway contract. The utility owner must agree to include the utility adjustment in the roadway contract. The adjustment may be on highway right of way or on private easement in the name of the utility owner. The utility owner can agree to allow MoDOT’s contractor to work in its easement. However, district utilities staff in consultation with district right of way staff should review the easement documentation to verify the utility owner’s rights to the easement and any limitations on its use. MoDOT’s contractor can work and operate on both Commission right of way and on the utility easement, even when not directly connected to the Commission right of way, as part of the job site. Temporary construction easements may be necessary in addition to the utility easement to ensure adequate working room for the contractor.&lt;br /&gt;
&lt;br /&gt;
:The utility owner may request exemption to any liability for negligence of our contractor working on their easement. The Commission can assume that liability (refer to [[:Category:153_Agreements_and_Contracts#153.1.1.2_Acceptance_of_Liability_Policy_(MoDOT_Access_Only)|Acceptance of Liability Policy]]), but it should be included in the utility agreement if so desired by the utility owner. A Job Special Provision is necessary to require the MoDOT contractor to hold the utility harmless from all claims due to contractor negligence.&lt;br /&gt;
&lt;br /&gt;
Subsurface information, i.e. boring data, etc., should be obtained by the utility owner since it may be needed for the design of the utility adjustment. This information should be included in the plans. If the utility owner must bear all or part of the cost of the adjustment, the utility owner must agree to pay a pre-deposit to the Commission prior to opening bids on the project. This should be in the utility agreement. The pre-deposit will be credited to the &amp;quot;Missouri Highway and Transportation Commission - Local Fund.&amp;quot; Any interest earned in the fund will apply to the cost of the adjustments. The utility agreement will include language that the utility will inspect the installation and assume maintenance of the utility facility after construction. MoDOT will also provide engineering supervision to be sure the road contractor is in compliance with the contract. Utility plans and specifications are to be approved by the owner prior to submittal to the Central Office. The following items will provide minimum information to allow MoDOT’s contractor to bid the work.&lt;br /&gt;
# Individual bid items (not &amp;quot;lump sum&amp;quot;) should be established to promote better bidding and to handle overruns and underruns. Bid items not included on the Computer Stored Bid Item list should be &amp;quot;99&amp;quot; numbers.&lt;br /&gt;
# he bid package must be in our letting format. If the package was prepared by a consultant as if the utility owner were going to let it, all bid bond or bidding procedures must be screened to remove requirements contrary to MoDOT letting requirements. District utilities staff should work with the Transportation Project Manager, Design Liaison Engineer, and Central Office Bidding and Contract Services to ensure this requirement is met.&lt;br /&gt;
# The specifications required by the utility owner should be reviewed for items that could cause a bid problem for our contractor. Items such as non-readily available materials or sizes should be avoided.&lt;br /&gt;
# Utility plan sheets should be .pdf files equivalent to 22 in. x 34 in. It is helpful to have a quantity sheet specifically for utility items.&lt;br /&gt;
# Any special procedures required for the utility installation should be included in the Job Special Provisions.&lt;br /&gt;
# The utility package should be submitted on-time to Central Office with other project plans.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.5 Agreement for a Utility Only Project===&lt;br /&gt;
Any of the above agreements can be modified for a utility only project separate from the roadway project. The utility only project may be done by forces hired by the utility owner or by the Commission. A separate utility only project has distinct advantages when the following occurs:&lt;br /&gt;
* The utility work is extensive&lt;br /&gt;
* It must be performed in accordance with the utility owner’s seasonal requirements&lt;br /&gt;
* It extends beyond the limits of the construction project&lt;br /&gt;
* It must be performed considerably in advance of the roadway contract&lt;br /&gt;
&lt;br /&gt;
Necessary environmental and design work is still required for the limits of the separate utility only project. It may be necessary in these cases to have a second agreement with the utility owner to cover any other work that must be performed concurrently with the roadway contract. These latter agreements will use the roadway construction job number. Early need for utility projects is to be determined at the time when the STIP is updated each year. The utility construction funds will be shown in the year right of way funds are assigned. This will be done whenever possible to secure early adjustment of utility facilities. A request by the district is sent to the Planning Division. Estimated dollar amounts for utility adjustments are needed. These are estimates and do not need to be extremely accurate. When a special utility project is established, it is preferred, if at all possible, to include all the utility adjustments necessary for the entire roadway project. If funds are available, additional agreements can be added to this utility project until the final invoice for the first completed agreement is received for payment.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.6 Supplemental Agreements===&lt;br /&gt;
For utility owners with a UT01 agreement, a supplemental letter agreement documenting the change in the scope or cost of the work is acceptable.&lt;br /&gt;
&lt;br /&gt;
The UT05: First Supplemental Agreement is used to document changes to UT02 and UT03 agreements. If changes to the scope of work occur that are anticipated to exceed $100,000 or 15% of the original agreement, a UT05 is required. If the final invoice on an actual cost adjustment without changes in the scope of work exceeds the limits shown in the table below, a UT05 is required.&lt;br /&gt;
&lt;br /&gt;
{| class=&amp;quot;wikitable&amp;quot; style=&amp;quot;margin-left: 25px; text-align:center&amp;quot;&lt;br /&gt;
! Amount in Original Actual Agreement !! Final Bill Total Exceeds Original Amount by:&lt;br /&gt;
|-&lt;br /&gt;
| 0-$25,000 || 50%&lt;br /&gt;
|-&lt;br /&gt;
| $25,000-$100,000 || 40%&lt;br /&gt;
|-	&lt;br /&gt;
| Exceeds $100,000 || 30%&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
Should multiple UT05s be required with the same utility owner, the UT05 should be modified for additional supplemental agreements. Once the final invoice on an UT05 is submitted to Financial Services, district utilities staff should change the status on the agreement in eAgreements to “completed”.&lt;br /&gt;
&lt;br /&gt;
==643.2.13 Utility Adjustments in Roadway Plans and Job Special Provisions (JSPs)==&lt;br /&gt;
It is the responsibility of the MoDOT Transportation Project Manager (TPM) to ensure utility plans of adjustment are shown on the project plans at the Plan, Specification, and Estimate (PS&amp;amp;E) stage based upon information coordinated by the district utilities staff with the appropriate utility owner.&lt;br /&gt;
&lt;br /&gt;
===643.2.13.1 Plans===&lt;br /&gt;
A legend showing all applicable utility symbols and the names of the utility owners is shown on the first special utility sheet. In the absence of special utility sheets, this information may be shown on the title sheet or the first plan and profile sheet. The following note is required to be placed on the title sheet or the first plan and profile sheet and the first special utility sheet (if used) to inform contractors of the suitability of the utility information contained on the plans.&lt;br /&gt;
&lt;br /&gt;
&amp;quot;The existence and approximate location of utility facilities known to exist, as shown on the plans, are based on the best information available to the Commission at this time. This information is provided by the Commission &amp;quot;as-is&amp;quot; and the Commission expressly disclaims any representation or warranty as to the completeness, accuracy, or suitability of the information for any use. Reliance upon this information is done at the risk and peril of the user, and the Commission shall not be liable for any damages that may arise from any error in the information&amp;quot;.&lt;br /&gt;
&lt;br /&gt;
===643.2.13.2 Job Special Provisions===&lt;br /&gt;
Since the addition of utility information on the plans, supplied by a third party, could subject the Missouri Highway and Transportation Commission to additional liability, a Utility JSP reflecting the status of utility adjustments will be required. The JSP will include the name, address, e-mail address, and telephone number of all utility owner representatives for all utility facilities located on the project. The anticipated adjustment completion date for each utility adjustment is also to be shown based on the agreed upon dates, durations, or completion dates with the utility owner’s representative. This information will inform the bidder of the status of utilities for proper work coordination that could affect the bids for the proposed highway construction project. Status notations will include general notations such as: “N/A”, “Work is in progress”, “Work has not started”, “Work is complete”, and “Work is included in contract.”&lt;br /&gt;
&lt;br /&gt;
===643.2.13.3 PS&amp;amp;E Submittal===&lt;br /&gt;
In the District Final Plans Submittal Checklist (D-12), the TPM should note any issues related to existing utility facilities or the adjustment of utility facilities either shown or not shown on the plans. Projects with “No Utility Impacts” such as some overlays, striping, bridge washing, etc. do not need a Utility Status Letter or Utility JSP. The D-12 is used for these projects. In the D-12, under Project Details – “Utilities”, the note “NO” is selected and under “Status”, select “Clear”. For all other projects, the district utilities staff will write a Utility Status Letter. The TPM will include the Utility Status Letter with the submittal of the final plans to the Design Division. The Utility Status will be defined as:&lt;br /&gt;
# Utility facilities are present, but no conflict is anticipated with the highway construction project. Or,&lt;br /&gt;
# All utility facilities requiring adjustment to allow highway construction have been physically adjusted on the project. Or,&lt;br /&gt;
# Utility construction work is planned or active and will be completed to such a point that no impact will be expected to the highway construction project. The status of this work is defined in the utility JSP. Or,&lt;br /&gt;
# Utility facilities are not expected to be adjusted by the notice to proceed date for the road project, but the utility work will have no impact on the progress of the highway construction project. The status of this work is defined in the utility JSP. Or,&lt;br /&gt;
# Utility facilities must be adjusted after the road contractor completes stage construction or in coordination with the contractors’ work. Details of the coordination effort required of the contractor are defined in the utility JSP to properly advise bidders. Or,&lt;br /&gt;
&lt;br /&gt;
# Utility adjustment plans and specifications are included in the bid documents for the highway construction project. A UT04 agreement must be executed.&lt;br /&gt;
&lt;br /&gt;
==643.2.14 Payment to Utility Companies for Reimbursable Work==&lt;br /&gt;
Authorization and federal funding obligation must be approved prior to incurring costs. This applies to all types of work on utility facilities including preliminary engineering. An obligation is a commitment by the federal government to reimburse MoDOT for the federal share of a project’s eligible cost.&lt;br /&gt;
&lt;br /&gt;
===643.2.14.1 Obligation Process===&lt;br /&gt;
Federal funding can be used with both lump sum and actual cost agreements. After the utility agreement is fully executed, the district utilities staff will email a copy of the utility agreement or the letter agreement referencing the MRUA to the email group OBLIGATE. This email should request the authorization authority for use of federal funds and to be informed of a Notice to Proceed (NTP) (see [[#643.2.15_Notice_to_Proceed|EPG 643.2.15]]) date by Financial Services once federal funding has been obligated. District utilities staff should allow three (3) weeks to receive the NTP. Financial Services will use Advance Construction (AC) funding to fund reimbursement to utility owners. With AC funding, state funds initially are used to pay for reimbursement to utility owners. Once construction is complete, with appropriate documentation of the work via the [https://epg.modot.org/forms/general_files/DE/C-9.docx C-9] and [https://epg.modot.org/forms/general_files/DE/C-13.docx C-13], Financial Services will convert to federal funding.&lt;br /&gt;
&lt;br /&gt;
===643.2.14.2 Preliminary Engineering===&lt;br /&gt;
On occasion, preliminary engineering (PE) may need to be undertaken by the utility owner prior to the execution of a utility agreement. If a utility owner has a MRUA, an estimate of the cost of the PE work by the utility owner may be used to obligate funding for preliminary engineering under the MRUA as a PE only letter agreement. If a lump sum or actual cost agreement will be required with the utility owner for the project, district utilities staff should do two (2) agreements with one agreement covering PE only, and once a design for the adjustment is obtained, a second agreement for the construction of the adjustment should be executed. If a separate PE only agreement is obtained, NTP will need to be issued twice to the utility owner: once for PE and once for construction.&lt;br /&gt;
&lt;br /&gt;
===643.2.14.3 Right of Way===&lt;br /&gt;
Once Notice to Proceed has been given, the utility owner may begin the right of way acquisition process. If the utility owner needs to acquire right of way prior to a full agreement for relocation has been negotiated, the agreement specifically for the acquisition of right of way should be executed. This agreement will be sent to Financial Services to begin the obligation process.&lt;br /&gt;
&lt;br /&gt;
===643.2.14.4 Construction===&lt;br /&gt;
Payment to utility owners for construction of the adjustment may occur in a number of phases.&lt;br /&gt;
&lt;br /&gt;
====643.2.14.4.1 Prepayment====&lt;br /&gt;
Per the utility agreement, the Commission allows utility owners to be prepaid prior to commencing work. The district utilities staff may negotiate the prepayment if the utility owner is receptive. The utility owner will submit a request for prepayment with an invoice prior to any prepayment. Route, county, and job number must be included in the request. The district utilities staff will submit a request to Financial Services with a copy saved in MoProjects for future reference by the district staff responsible for inspection of the utility adjustment.&lt;br /&gt;
&lt;br /&gt;
====643.2.14.4.2 Progress Payments====&lt;br /&gt;
If a utility owner has not been prepaid the entire estimated amount in the utility agreement, then the utility owner may request progress payments after completing a portion of the proposed work, including PE.&lt;br /&gt;
&lt;br /&gt;
Progress payments for PE by consultants should not exceed the &amp;quot;maximum not to exceed amount&amp;quot; shown in the cost estimate unless additional costs are approved first by district utilities staff.&lt;br /&gt;
&lt;br /&gt;
For progress payments, the utility owner is required to submit only a summary of work and materials for which payment is claimed, not a detailed billing. District utilities staff should check only to be sure that sufficient work has been done to justify making the requested payment. Payment should be made for allowable costs incurred up to the date of the progress payment request.&lt;br /&gt;
&lt;br /&gt;
Progress payment invoices do not relieve the utility owner of the responsibility of submitting one complete and final invoice upon completion of the adjustment. The utility owner’s address must be shown on the invoice. The district utilities staff should submit progress payment invoices and applicable C-9s to Financial Services within one (1) week of receipt of invoice.&lt;br /&gt;
&lt;br /&gt;
One copy of the progress payment and one copy of the district utilities staff letter of recommendation must be sent to Financial Services for payment and be stored in MoProjects. The cover memo should include the project number, route, county, actual cost or lump sum utility agreement, Commission obligation percentage, total cost estimate of Commission obligation, and indicate the progress payment number, i.e., progress payment number 1, 2, 3, etc. If more than one progress payment is requested by the utility company, the district should submit progress payment bills to Financial Services in the following format:&lt;br /&gt;
{| class=&amp;quot;wikitable&amp;quot; style=&amp;quot;margin-left: 25px; text-align:center&amp;quot;&lt;br /&gt;
! Payment !! Amount&lt;br /&gt;
|-&lt;br /&gt;
| Progress Payment #1 || $50,000&lt;br /&gt;
|-&lt;br /&gt;
| Progress Payment #2 || 10,000&lt;br /&gt;
|-	&lt;br /&gt;
| Total Payment to Date || $60,000&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
This format will help clarify payment history with the utility owner. Progress payments for actual cost utility agreements may not exceed the Commission&#039;s total estimated cost shown in the agreement. However, if the request for a progress payment exceeds the original estimate, a change order with explanation should accompany the request. (See [[#643.2.16.5_Change_Orders|EPG 643.2.16.5 Change Orders]].)&lt;br /&gt;
&lt;br /&gt;
====643.2.14.4.3 Final Payment====&lt;br /&gt;
Utility owners are required to submit a detailed final invoice to MoDOT for all actual cost reimbursable utility work and for any lump sum reimbursable utility work that was not prepaid. For prepaid lump agreements, the utility owner must submit a zero-dollar ($0) invoice to demonstrate the work has been completed. After the utility work has been fully completed, the district utilities staff responsible for inspection should send the utility owner a “60 Day” [https://epg.modot.org/forms/general_files/DE/FinalInvoiceLetter.docx Final Acceptance Letter] requesting a complete final invoice within 60 days, as detailed in the utility agreement. If the final invoice is not received from the utility owner within 30 days, then a follow up letter should be sent (i.e., “30 Day” [https://epg.modot.org/forms/general_files/DE/FinalInvoiceReminderLetter.docx Reminder Final Invoice Letter]) reminding the utility owner of its obligation to submit a final invoice within 60 days of the completed work. If a final invoice from the utility owner is not received within this timeframe, then the district utilities staff should contact the Design Liaison Engineer for guidance on how to close out the work.&lt;br /&gt;
&lt;br /&gt;
The district utilities staff is expected to check the final bill within two (2) weeks after receipt in as much detail as possible against the C-9. It is their responsibility to verify from field records the quantities of labor, equipment, material used, material retired, and to justify all changes made. If the utility owner’s contractor made the adjustment at unit cost prices, then it is the district utility staff’s responsibility to verify the number of units completed and not the hours of labor and equipment. It is also important for the utility owner to show the words “final bill” or “final invoice” on the last bill, in order for MoDOT to understand that no additional charges will be made on the adjustment. The final bill must show a general description of the utility adjustment, the highway project number, the date on which work was completed or last item of billed expense was incurred, and the location where records can be audited. The order of items in the final statement should follow as closely as possible the order of items in the original estimate. A summary, on the utility owner’s letterhead, of the total cost of preliminary engineering, construction engineering, right of way, labor, overhead, construction travel expense, transportation, equipment, materials, supply, handling, and salvage credits should be shown in a way that will permit direct comparison with the approved estimate from the original or supplemental agreements (see [[#643.2.12.6_Supplemental_Agreements|EPG 643.2.12.6]]).&lt;br /&gt;
&lt;br /&gt;
If the Actual Cost final invoice shows a much higher cost than the original estimate without scope change, the utility owner is required to give reasons in a letter to the district utilities staff explaining why the invoice cost increased. When the Actual Cost final invoice exceeds the amount shown in the table in [[#643.2.12.6_Supplemental_Agreements|EPG 643.2.12.6]], a supplemental agreement is required.&lt;br /&gt;
&lt;br /&gt;
When the district utilities staff has determined that the final invoice is accurate, the C-13 should be completed. Once the C-13 is completed, the C-13 and the final invoice from the utility owner are forward to Financial Services. For Actual Cost agreements, the C-9s should also be included in this transmittal. If no additional payments are required, the district utilities staff should note this in the transmittal as well. If the final invoice indicates previous payments to a utility owner exceeded the final invoice, the utility owner will need to send MoDOT a check for the overpayment amount. The check should be made payable to Director of Revenue – Credit State Road Fund. If the utility owner did not send MoDOT an overpayment check with the final invoice, district utilities staff should send a letter to the utility owner requesting the refund amount. Submittal of the final invoice to Financial Services should not occur until repayment has been received. The submittal to Financial Services should note the receipt of the repayment check.&lt;br /&gt;
&lt;br /&gt;
==643.2.15 Notice to Proceed==&lt;br /&gt;
For PE only, once an agreement has been executed, and Financial Services has advised that authorization from FHWA has been received, district utilities staff will issue a notice to proceed (NTP) letter to the utility owner for the PE. For agreements that include PE and construction or once a final agreement for construction has been executed, right of way clearance has been issued, and Financial Services has advised that authorization from FHWA has been received, the district utilities staff will issue NTP to the utility owner for construction. See [https://epg.modot.org/forms/general_files/DE/NoticeToProceedExampleLetter.docx Example of Notice to Proceed Letter]. If salvage credit is part of the agreement with the utility owner, the NTP letter should include a statement that the utility owner will need to inform district utilities staff of the time and place that inspection may be made of the removed material. The utility owner may be held accountable for full value of materials disposed without proper notice. Utility owners may purchase materials prior to NTP for construction; however, no other work on the adjustment necessary to allow highway construction may begin prior to NTP for construction. The utility owner, for reasons of planning their workload or due to seasonal situations, may request early authorization to perform the work. This request, with the district utilities staff recommendations, is sent to the Design Liaison Engineer for further handling, approval, and advancement of the necessary funds. A copy of the NTP should be saved in MoProjects. If a utility owner begins adjustments prior to NTP for construction, district utilities staff should notify the utility owner immediately in writing that reimbursement will not be made for work done prior to NTP for construction.&lt;br /&gt;
&lt;br /&gt;
==643.2.16 Construction of Utility Adjustments==&lt;br /&gt;
===643.2.16.1 Utility Owner Self-Perform===&lt;br /&gt;
As per 23 CFR 645.115 Construction, it may be cost-effective for certain utility adjustments to be performed by a utility owner with its own internal forces and equipment, provided the utility owner is qualified to perform the work in a satisfactory manner. This cost-effectiveness finding covers minor work on the utility owner’s existing utility facilities routinely performed by the utility owner with its own forces.&lt;br /&gt;
&lt;br /&gt;
===643.2.16.2 Construction Contract Requirements===&lt;br /&gt;
When the utility owner is not adequately staffed and equipped to perform such work with its own forces and equipment at a time convenient to coordination with the associated highway construction, such work may be done one of four ways for utility adjustments:&lt;br /&gt;
# MoDOT can provide the construction services, via awarded contract to the lowest qualified bidder based on appropriate solicitation. This can be done by including the adjustment work in the roadway improvement project ([[#643.2.14_Payment_to_Utility_Companies_for_Reimbursable_Work|EPG 643.2.12.4 Utility Agreement for Utility Work Included in Roadway Improvement Project]]) or by having a utility only project ([[#643.2.12.5_Agreement_for_a_Utility_Only_Project|EPG 643.2.12.5 Utility Only Project]]).&lt;br /&gt;
# The utility owner can award a construction contract to the lowest qualified bidder based on appropriate solicitation.&lt;br /&gt;
# The utility owner can utilize an existing continuing contract, provided the costs are reasonable (see [[#643.2.9.1_Independent_Cost_Estimate|EPG 643.2.9.1 Independent Cost Estimate]]).&lt;br /&gt;
# The utility owner can contract for low-cost incidental work, such as tree trimming and the like, without competitive bidding, provided the costs are reasonable (see [[#643.2.9.1_Independent_Cost_Estimate|EPG 643.2.9.1 Independent Cost Estimate]]).&lt;br /&gt;
&lt;br /&gt;
When a utility owner chooses option 2 to award its own new construction contract, the utility owner must provide the following documents and information to the district utilities staff. These documents need to be provided as soon as the utility owner has chosen to pursue a construction contract. Document 1 must be supplied by all utility owners. Documents 2 and 3 are only required when the utility owner is a local government agency who is also a political subdivision of the state of Missouri (e.g., city-owned utilities, county-owned utilities). All other utility owners are encouraged, but not required, to provide Documents 2 and 3.&lt;br /&gt;
# A statement that the utility owner is not staffed or able to perform the required construction activities with its own forces.&lt;br /&gt;
# A copy of the request for proposal used to secure bids.&lt;br /&gt;
# A list of a minimum of 3 bidders whom they believe can do the work. &#039;&#039;&#039;Political subdivisions are required to advertise for the work&#039;&#039;&#039;.&lt;br /&gt;
# Upon review of these documents, the district utilities staff will advise the utility owner to proceed with the solicitation of bids, but the utility owner will not be permitted to award the contract without the concurrence of district utilities staff. For lump sum agreements, approval of contract work and subcontract work is not required.&lt;br /&gt;
&lt;br /&gt;
The following documents need to be provided as soon as the utility owner has determined the lowest qualified contractor and would like to award the project. Document 1 must be supplied by all utility owners. Document 2 is only required when the utility owner is a local government agency who is also a political subdivision of the state of Missouri (e.g., city-owned utilities, county-owned utilities). All other utility owners are encouraged, but not required, to provide Document 2.&lt;br /&gt;
# The name address of the lowest qualified contractor.&lt;br /&gt;
# The tabulation of bids received and other information to support their recommendation for award to the lowest qualified bidder.&lt;br /&gt;
&lt;br /&gt;
The district utilities staff will review and approve the utility owner&#039;s bid information prior to the award of the contract. The Design Liaison Engineer is available to assist the district with review of bid information if necessary. Once the district utilities staff provides concurrence, the utility owner may proceed with awarding the contract. When the utility owner is a local government agency who is also a political subdivision of the state of Missouri (e.g., city-owned utilities, county-owned utilities), a copy of the executed contract must be shared with the district utilities staff. All other utility owners are encouraged, but not required, to provide a copy of the executed contract.&lt;br /&gt;
&lt;br /&gt;
A [https://epg.modot.org/forms/general_forms/DE/UtilityConsultantContractChecklist.docx checklist is available for reviewing contracts] to ensure the contract conforms to MoDOT policy and complies with applicable federal regulations.&lt;br /&gt;
&lt;br /&gt;
When a utility owner chooses to utilize an existing continuing contract, the utility owner will submit a copy of the contract to the district utilities staff. The district utilities staff will review the contract for reasonableness of cost. If district utilities staff and the utility owner’s representative cannot agree on the reasonableness of cost, then the utility owner will be required to award a new construction contract.&lt;br /&gt;
&lt;br /&gt;
===643.2.16.3 Inspection===&lt;br /&gt;
The degree of inspection needed for utility adjustments will vary considerably with the nature and location of the work and whether the Commission is responsible for any portion of the cost of reimbursement. Judgment must be used regarding the manner and regularity of inspection duties. Some phases of the work require a very close check to ensure that the highway will not be adversely affected and to ensure satisfactory performance of work in accordance with the agreement and plans. The degree of inspection may vary from spot checking of overhead installations to continuous close observation of backfilling trenches beneath proposed pavement, embankment area, or adjacent to bridge abutments. Proper inspection can ensure that the utility adjustment is completed as efficiently as possible to minimize future impacts to the utility facility and the highway construction project. A [https://epg.modot.org/forms/general_files/DE/UtilityFieldInspectionChecklist.docx Field Inspection Checklist] to assist district utilities staff responsible for inspection is available.&lt;br /&gt;
&lt;br /&gt;
If it is found that any actual cost reimbursable utility adjustment is being performed by unapproved contractors, district utilities staff should direct the work to stop. The utility owner’s representative should be informed immediately and should be advised in writing that the costs incurred by an unapproved contractor are not eligible for reimbursement under provisions of the agreement. The district utilities staff can take appropriate steps to approve a subcontract and advise when the utility owner can recommence work.&lt;br /&gt;
&lt;br /&gt;
===643.2.16.4 Documentation===&lt;br /&gt;
All documents related to the construction of the utility adjustment necessary to allow highway construction should be stored in MoProjects.&lt;br /&gt;
&lt;br /&gt;
Construction records must be kept to confirm that work is done in accordance with the terms of the agreement and in the manner proposed in the plans. The importance of a complete and accurate record cannot be overemphasized. Detailed records are necessary to support the recommendation for payment of the final invoice. A complete, separate daily record must be kept on each actual cost adjustment and submitted for review when the final invoice is recommended for payment. This district utilities staff responsible for inspection should complete the Daily Utility Report (C-9).&lt;br /&gt;
&lt;br /&gt;
====643.2.16.4.1 Utility Reports====&lt;br /&gt;
The Daily Utility Report ([https://epg.modot.org/forms/general_files/DE/C-9.docx Form C-9]) and the Final Utility Report ([https://epg.modot.org/forms/general_files/DE/C-13.docx Form C-13]) are used for documenting utility adjustments necessary to allow highway construction. The use of C-9s and C-13s will vary with method of reimbursement. For utility adjustments necessary to allow highway construction that overlap with the highway contractor’s work, progress records should be kept as necessary to coordinate the highway and utility construction activities. Sufficient records must be maintained to check and verify the items of labor, equipment, materials, and salvaged items as submitted on the final invoice.&lt;br /&gt;
&lt;br /&gt;
=====643.2.16.4.1.1 Daily Utility Report (C-9)=====&lt;br /&gt;
C-9s are only required for actual cost agreements. The district utilities staff responsible for inspection must in all cases keep records to document inclement weather, down time, and verbal authorization for minor changes. The district utilities staff responsible for inspection must complete a C-9 documenting the number and classification of employees and number of hours worked. Records of material used and of retired materials returned to stock or scrapped must be kept. The utility owner’s major items of equipment must also be recorded. When work is done by the contract method based on unit prices, the district utilities staff responsible for inspection should ascertain that units of work as provided in the bid proposal are measured and recorded to form a basis for checking the final invoice. C-9s should list the location and the number of units of work accomplished for that period. If contract labor or equipment is used by a utility owner on the basis of a bid per hour, per day, etc., it will be necessary to keep records on this labor or equipment time in the same manner as if the utility owner were performing the work with its own internal forces. District utilities staff responsible for inspection should also note all contractors working for the utility owner and the contractor approval authorization dates given in the agreement.&lt;br /&gt;
&lt;br /&gt;
=====643.2.16.4.1.2 Final Utility Report (C-13)=====&lt;br /&gt;
C-13s summarize that the utility adjustment work that was done in accordance with the agreement and plans, the percentage of total cost that is the responsibility of the Commission, and any progress payments that have been made. A C-13 is required for both actual cost and lump sum agreements. The requested numbers shown on line 9 (Commission Estimated Cost) and line 10 (Amount of Final Bill) in the report are the Commission’s total responsibility.&lt;br /&gt;
&lt;br /&gt;
====643.2.16.4.2 Breakdown and Emergency====&lt;br /&gt;
When breakdown and emergency situations occur, prior approval by MoDOT is not required for contract or equipment rental work unless the cost or period of time will be extensive. The utility owner should furnish a letter as soon as possible to explain the situation and set out the estimated costs involved. The district utilities staff’s records should substantiate the need and the changes for personnel and equipment.&lt;br /&gt;
&lt;br /&gt;
====643.2.16.4.3 Stop Work====&lt;br /&gt;
If at any point, a stop work order is given by MoDOT to a utility owner, written documentation of the stop work order should be saved in MoProjects.&lt;br /&gt;
&lt;br /&gt;
===643.2.16.5 Change Orders===&lt;br /&gt;
Any change in the plan of adjustment should be documented in writing to the utility owner as a change order. If the change order is anticipated to exceed $100,000 or 15% of the original agreement amount, district utilities staff should negotiate a supplemental agreement with the utility owner’s representative. Once a supplemental agreement is in place, district utilities staff should contact Financial Services to obtain an adjustment of the obligation mid-project. Change orders without supplemental agreements will be settled once the project is complete.&lt;br /&gt;
&lt;br /&gt;
====643.2.16.5.1 Actual Cost Agreement====&lt;br /&gt;
Slight modifications in quantities or the addition of minor items not included with the original agreement do not require a supplemental agreement. However, such changes should be documented in writing with the utility owner. A supplemental agreement is needed if costs exceed the above threshold or if there is a change in the percentage of cost that is the Commission’s responsibility on an agreement with shared responsibility for costs. Intermediate partial payments cannot be made on items in a supplemental agreement until the supplemental agreement is approved.&lt;br /&gt;
&lt;br /&gt;
====643.2.16.5.2 Lump Sum Agreement====&lt;br /&gt;
A supplemental agreement to a Lump Sum Agreement is only required for significant changes in the scope of work of the utility adjustment necessary to allow highway construction. Normal overruns are not considered as changes in approved work and will not be reimbursed. Significant changes in the scope of work on utility adjustments necessary to allow highway construction cannot be done until the supplemental agreement is approved, and the adjustment in obligation of funds is complete.&lt;br /&gt;
&lt;br /&gt;
==643.2.17 Utilities during Highway Construction==&lt;br /&gt;
The contractor is responsible for having utilities located by contacting Missouri One-Call (811) prior to any excavation on the project. A reminder of this responsibility should be made at the preconstruction meeting.&lt;br /&gt;
&lt;br /&gt;
===643.2.17.1 Preconstruction Meeting (Pre-Con)===&lt;br /&gt;
District utilities staff should be invited to all pre-cons.&lt;br /&gt;
&lt;br /&gt;
Pre-cons fall into three categories relating to utilities:&lt;br /&gt;
# No utility adjustments are anticipated within the project limits,&lt;br /&gt;
# All utility adjustments completed prior to the pre-con, and&lt;br /&gt;
# All utility adjustments not completed prior to the pre-con.&lt;br /&gt;
&lt;br /&gt;
====643.2.17.1.1 No Utility Adjustments Anticipated within the Project Limits====&lt;br /&gt;
For projects without a Utility Job Special Provision (JSP), no involvement of the utility owners is required at the pre-con. For projects with a Utility JSP, the Resident Engineer (RE) should invite all utility owner representatives listed in the JSP with known required adjustment to the pre-con. The RE should review potential impacts of the highway construction project with the contractor and the utility owner.&lt;br /&gt;
&lt;br /&gt;
====643.2.17.1.2 All Utility Adjustments Completed Prior to the Pre-Con====&lt;br /&gt;
The RE should invite all utility owner representatives listed in the JSP with known required adjustment to the pre-con. The RE should review potential impacts of the highway construction project with the contractor and the utility owner. A general discussion should highlight the previous adjustments made by the utility owner and what abandoned utility facilities the contractor may encounter.&lt;br /&gt;
&lt;br /&gt;
====643.2.17.1.3 All Utility Adjustments Not Completed Prior to the Pre-Con====&lt;br /&gt;
It is important for the RE and inspector to understand the utility owner’s work schedule and how it relates to the contractor’s work schedule. During the pre-con, the schedule of the utility owner and highway construction contractor should be discussed, and conflicts should be addressed to allow utility adjustments and highway construction to progress as near to the proposed schedule as possible. On large-scale projects that have many utility issues to address that could impact the work of the highway construction contractor, it may be necessary to have a separate pre-con with utility owner representatives.&lt;br /&gt;
&lt;br /&gt;
===643.2.17.2 Coordination Meetings===&lt;br /&gt;
When the utility work will not be completed soon after the preconstruction meeting, the RE should meet with district utilities staff, the highway construction contractor, and the utility owner representatives on a regular basis to discuss utility coordination issues, so expectations from all parties are known and conveyed clearly. The utility owner may need some work performed by MoDOT or the highway construction contractor prior to completing their adjustments. (Examples include: survey staking of right of way or proposed facilities, trees cleared, grading performed, or new structures built).&lt;br /&gt;
&lt;br /&gt;
==643.2.18 Service Drops==&lt;br /&gt;
Power and communication services provided by utility owners are necessary for the operation of the highway system. These services may include power to traffic signals, lighting, or ITS devices; power for cathodic protection; or telecommunication services to signal controllers or ITS devices. The project design teams should work with district utilities staff to identify proper locations for the applicable utility owners to provide these services. Various utility owners have different requirements for this process. The district utilities staff is encouraged to develop a workable relationship with the utility owners who provide these services to MoDOT. The costs of installing the services charged by the utility owner are considered a non-contractual item and should be accounted for in the project’s budget in the STIP. The proposed location and method for the service drops should be shown on the roadway plans. District utilities staff should meet with the utility owner’s representative to ensure the proposed location can be accommodated by the utility owner. For electrical service connections, the power supply assembly is ideally located a maximum of ten feet (10’) from the source location. Plans submitted for PS&amp;amp;E should reflect the agreed upon location for all service connections. During construction, district utilities staff and district construction staff should work together to ensure the placement of the services is consistent with the project plans. Payment for the service drops should be invoiced by the utility owner to the district. District utilities staff is responsible for submission of the invoice directly to Financial Services for payment noting the non-contractual charges for the project.&lt;br /&gt;
&lt;br /&gt;
==643.2.19 Buy America Build America for Utilities==&lt;br /&gt;
FHWA’s Buy America Build America (BABA) policies require a domestic manufacturing process for all steel or iron products, other construction materials, and manufactured products that are permanently incorporated into Federal-Aid Highway construction projects, including products and materials used for adjustments to utility facilities to allow highway construction. These guidelines are for all federally reimbursable transportation projects where FHWA is the lead federal agency; it does not take precedence over projects where Federal Transit Administration or the Federal Railroad Administration is deemed the be the lead federal agency.&lt;br /&gt;
&lt;br /&gt;
===643.2.19.1 Program Requirements for Utilities===&lt;br /&gt;
All MoDOT projects are federal-aid projects, and therefore, all reimbursable utility adjustments are required to follow the provisions of BABA. More information on MoDOT’s BABA policy and procedures can be found in [[106.9_Buy_America_Requirement|EPG 106.9 Buy America Requirement]]. Specifically, utility owners should be aware of the following procedures for determining applicability of the EPG 106.9 requirements to reimbursable utility adjustments necessary to allow highway construction:&lt;br /&gt;
* BABA does not apply when materials are relocated from one location to another within the project limits.&lt;br /&gt;
* BABA does not apply for materials necessary for temporary utility adjustments assuming materials are removed from the right of way upon completion of the utility adjustment to allow highway construction.&lt;br /&gt;
* Non-reimbursable work must be kept separate from reimbursable work (agreements, permits, etc.) in order to not be subject to BABA.&lt;br /&gt;
&lt;br /&gt;
===643.2.19.2 Certification Requirements for Utilities===&lt;br /&gt;
Utility owners have the option of choosing either to self-certify BABA compliance or provide vendor/manufacturer certification to MoDOT. The method of certification is chosen by the utility owner and is documented in either the MRUA or the project specific agreement. Regardless of agreement type or certification method, the utility owner must be compliant with BABA requirements.&lt;br /&gt;
&lt;br /&gt;
====643.2.19.2.1 BABA Utility Owner Self-Certification====&lt;br /&gt;
If a utility owner chooses to self-certify BABA compliance, the utility owner is not required to provide MoDOT copies of the supplier certification as part of the project documentation or with the final invoice for any reimbursable utility adjustment necessary to allow highway construction. Retention of all documents should be as described in the agreement.&lt;br /&gt;
&lt;br /&gt;
====643.2.19.2.2 BABA Vendor/Manufacturer Certification====&lt;br /&gt;
If a utility owner chooses to use vendor/manufacturer certification, the utility owner will supply MoDOT BABA compliance from all vendors and/or manufacturers. Certification from vendors will be signed by an authorized representative of the vendor on company letterhead or other acceptable documentation and will declare that all supplied materials subject to BABA requirements are fully compliant. Certification from iron or steel manufacturers must be in the form of a mill test report (MTF) issued and signed by the initial fabricator stating the materials subject to BABA were melted and manufactured in the United States. Other written statements on company letter or other acceptable documentation signed by an authorized representative of the manufacturer for any additional treatment to the fabricated material (such as blasting, galvanizing, painting, or coating) will state that all treatment processes occurred in the United States according to FWA guidelines. Retention of all documents should be as described in the agreement. Manufacturer certification for manufactured products or construction materials will state that all materials were sourced from the United States and were fabricated in the United States. Retention of all documents should be as described in the agreement.&lt;br /&gt;
&lt;br /&gt;
&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643.3 Reserved for Future Use &#039;&#039;PAGE TITLE&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;&lt;br /&gt;
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&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643.4 Railroads (NO CHANGE) &#039;&#039;PAGE TITLE&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;&lt;br /&gt;
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==236.5.12 Excess Land Conveyances &amp;amp; Relinquishments - Utilities==&lt;br /&gt;
All conveyances and relinquishments of Commission-owned property shall be evaluated for the existence of any utility facilities located within the areas to be conveyed or relinquished. A conveyance or relinquishment of Commission-owned property may have implications to the utility facilities, and the utility owners, when the Commission no longer controls the property. It is important to maintain the continuity of utility facilities for the general public; therefore, to identify and minimize potential impacts, MoDOT shall involve utility owners in the conveyance and relinquishment processes.&lt;br /&gt;
&lt;br /&gt;
===236.5.12.1 Excess Land Conveyances Utilities===&lt;br /&gt;
MoDOT shall only recommend that a property be declared excess upon satisfactorily addressing the utility impacts. Whether MoDOT or an external party initiates the conveyance of excess property, utility impacts shall be adequately addressed by using one of the following methods: &lt;br /&gt;
:1. Each utility facility will be relocated by permit into a new utility corridor retained by the Commission.&lt;br /&gt;
:2. Each utility facility will remain in place with the benefit of a non-exclusive permanent utility easement.&lt;br /&gt;
::&#039;&#039;If the Commission holds fee simple title to the property, the Commission shall convey a non-exclusive permanent utility easement to each utility owner&#039;&#039;.&lt;br /&gt;
::&#039;&#039;If the Commission holds a less than fee simple title interest in the property, MoDOT shall facilitate the conveyance of a non-exclusive permanent utility easement from the party acquiring the property to each utility owner&#039;&#039;.&lt;br /&gt;
:3. Each utility facility will be relocated to another portion of the property being conveyed.&lt;br /&gt;
::&#039;&#039;If the Commission holds fee simple title to the property, the Commission shall convey a non-exclusive permanent utility easement to each utility owner&#039;&#039;. &lt;br /&gt;
::&#039;&#039;If the Commission holds a less than fee simple title interest in the property, MoDOT shall facilitate the conveyance of a non-exclusive permanent utility easement from the party acquiring the property to each utility owner&#039;&#039;.&lt;br /&gt;
:4. Each utility facility will be relocated onto a portion of the property already owned by the party acquiring the Commission-owned property, with the benefit of a non-exclusive permanent easement. (MoDOT shall facilitate the conveyance of a non-exclusive permanent utility easement from the party acquiring the property to each utility owner.)&lt;br /&gt;
:5. A three-party negotiated settlement taking into consideration the overall value of the proposed transaction.&lt;br /&gt;
:6. Additional options to address utility impacts may be utilized with approval from the Asst. to the State Design Engineer - Right of Way.&lt;br /&gt;
&lt;br /&gt;
===236.5.12.2 Road Relinquishment Utilities===&lt;br /&gt;
MoDOT shall only recommend the relinquishment of roadways through the [[236.14 Change in Route Status Report|Change in Route Status Report]] upon satisfactorily addressing the impacts to utility facilities. If the roadway will be relinquished to a local public transportation authority, with the intent that it continues to be used as a public roadway, a clause similar to the following shall be included in the deed from the Commission to the local public transportation authority:&lt;br /&gt;
:&#039;&#039;&amp;quot;Grantee, by acceptance of this conveyance, covenants and agrees for itself, its successors and assigns, to allow known or unknown utility facilities currently located on the property, whether of record or not, to remain on the property, and to grant the current and subsequent owners of those facilities the right to maintain, construct and reconstruct the facilities and their appurtenances over, under, and across the land herein conveyed, along with the right of ingress and egress across the land herein conveyed to and from those utilities.&amp;quot;&#039;&#039; &lt;br /&gt;
&lt;br /&gt;
Proposed roadway relinquishments to private entities shall be reviewed in a manner consistent with the conveyance of excess property described in [[236.5 Property Management#236.5.3 Asset Management Committee|EPG 236.5.3 Asset Management Committee]].&lt;/div&gt;</summary>
		<author><name>Hoskir</name></author>
	</entry>
	<entry>
		<id>https://epg.modot.org/index.php?title=User:Hoskir/Revision_Request_4225&amp;diff=58890</id>
		<title>User:Hoskir/Revision Request 4225</title>
		<link rel="alternate" type="text/html" href="https://epg.modot.org/index.php?title=User:Hoskir/Revision_Request_4225&amp;diff=58890"/>
		<updated>2026-06-23T15:35:36Z</updated>

		<summary type="html">&lt;p&gt;Hoskir: /* 643.2.1 Introduction */&lt;/p&gt;
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&lt;div&gt;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643 Utility Procedures  &#039;&#039;CATEGORY&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt; &lt;br /&gt;
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| &#039;&#039;&#039;&amp;lt;center&amp;gt;&amp;lt;u&amp;gt;Additional Resources&amp;lt;/u&amp;gt;&amp;lt;/center&amp;gt;&#039;&#039;&#039;&lt;br /&gt;
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| ● [https://www.ecfr.gov/current/title-23/chapter-I/subchapter-G/part-64523 CFR 645]&lt;br /&gt;
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| ● [https://www.sos.mo.gov/cmsimages/adrules/csr/current/7csr/7c10-3.pdf7 CSR 10-30]&lt;br /&gt;
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&#039;&#039;&#039;Utility Accommodation Policy:&#039;&#039;&#039; State DOTs are required to develop policies and procedures pertaining to the use, accommodation, and/or relocation of public and private utility facilities on highway rights-of way using Federal-aid highway funds. State DOTs are required to develop, maintain, and obtain FHWA approval of their Utility Accommodation Policy (UAP) (23 CFR section 645.215). This EPG article 643 and subarticles 643.1 through 643.3 are Missouri Department of Transportation (MoDOT)’s Utility Accommodation Policy. Text in EPG 643 consolidates various federal and state statutes and rules into a single, cohesive, workable policy to outline processes for MoDOT staff and utility owners.&lt;br /&gt;
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&#039;&#039;&#039;Delegation of Work:&#039;&#039;&#039; Each MoDOT district is responsible for ensuring implementation of the UAP outlined in the subsequent EPG articles. Each district can create its own organization for whom is responsible for the work including between divisions and job titles. Work responsibilities within this article and subarticles are generic where possible. If a specific title is included, that title has sole responsibility for that item of work.&lt;br /&gt;
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&#039;&#039;&#039;643 documents not being used&#039;&#039;&#039;&lt;br /&gt;
[[media:144 Major Highway System 2022.pdf|major routes]]&lt;br /&gt;
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&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643.1 Utility Location  &#039;&#039;PAGE TITLE&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt; &lt;br /&gt;
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The information in this article provides a uniform system for regulating the location, construction, maintenance, removal, and relocation of utility facilities on the right of way of roadways located on the state highway system. It also provides for the facilitation of construction and maintenance of these roadways. Any location or relocation of utility facilities contrary to this information is an interference with the construction, maintenance, or operation of a state highway and its right of way and is prohibited.&lt;br /&gt;
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==643.1.1 Permits==&lt;br /&gt;
All utility owners are required to obtain a permit to work on Missouri Highway and Transportation Commission (Commission) right of way. A permit is required for original installation of the utility facility, on-going maintenance of the utility facility, or adjustments to a utility facility necessary to allow highway construction. Per [[127.29_Stormwater#127.29.4.3_MCM_3:_Illicit_Discharge_Detection_and_Elimination_(IDDE)_Program|EPG 127.29.4.3]], discharges of anything other than stormwater are not permitted. A deposit or bond is required to ensure completion of the work in accordance with the permit issued. An [https://www.modot.org/permits application for a permit] may be made on established forms specifically stating the nature of the work to be performed. Applications for permits may be obtained at any of the [https://www.modot.mo.gov/ seven (7) district highway offices] of the Commission, [https://www.modot.mo.gov/ MoDOT&#039;s website], or by requesting it from the office of the Missouri Highways and Transportation Commission in Jefferson City, Missouri. The application for a permit will specifically state the nature of the work to be performed, what specific type of utility facility is to be installed, and, if necessary, the timeframe of any temporary use. Piping of any type of sewage or waste will only be allowed providing any permitting by a regulatory agency, such as Missouri Department of Natural Resources, can be provided. Prior to obtaining a permit through MoDOT’s permit system, a utility owner will be required to provide a bond to ensure satisfactory work and complete a TR50 Electronic Signature Agreement with the Commission. The name of the utility owner must match on the bond, TR50, and in the permit system. More information on permitting can be found in [[:Category:941_Permits_and_Access_Requests|EPG 941]].&lt;br /&gt;
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===643.1.1.1 Emergency Work===&lt;br /&gt;
When emergency operations work is necessary, the damaged utility facility may be accessed immediately and without a permit by leaving the pavement at such points as may be necessary to effect emergency repairs, provided immediate notice is given to the Missouri State Highway Patrol and the district utilities staff for the district wherein the work will be performed, and a permit for emergency operations is requested immediately upon discovery of the need for emergency operations. A permit for emergency operations work is to be obtained as soon as practical, but in no event later than two (2) working days after the emergency operations work has commenced. Emergency operations include, but are not limited to, unplanned work in response to utility facilities being so damaged as to constitute an emergency situation directly affecting or endangering traffic on the highway or public health or safety.&lt;br /&gt;
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===643.1.1.2 Third-Party Inspection===&lt;br /&gt;
When a utility owner has a large number of projects in a given area or projects involving great complexity, MoDOT reserves the right to limit the number of permits open at any given time. With approval of the district utilities staff, a utility owner may hire a third-party inspector, at their cost. The third-party inspector will allow the utility owner to increase the number of permits open at any given time. The responsibility of the third-party inspector will be to ensure the installation of the utility facility proceeds in a manner consistent with the plans approved in the permit, including all work zone requirements and conformity with MoDOT’s Standards and Specifications. The MoDOT approved third-party inspector will be listed in the permit. MoDOT may audit third-party inspections and revoke the right to use third-party inspections should the inspectors fail to perform their duties.&lt;br /&gt;
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===643.1.1.3 Abandoned Utility Facilities===&lt;br /&gt;
All utility facilities installed in Commission right of way are the property of the utility owner whether the utility facility is active or inactive. MoDOT may allow a utility facility to remain on Commission right of way whether the utility facility was abandoned for a MoDOT project or at the utility owner’s discretion. MoDOT may place requirements (such as removing inactive fiber optic cables, grouting pipes, removing valves) on the utility owner as part of the process of abandoning a utility facility. Liability for damage to Commission right of way due to an abandoned facility remains the responsibility of the utility owner. In the event MoDOT requires the removal of the abandoned utility facility, responsibility for the cost of the removal will be determined per [[#643.2.8_Cost_Responsibility|EPG 643.2.8]].&lt;br /&gt;
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==643.1.2 Definitions==&lt;br /&gt;
&#039;&#039;&#039;Bridge Attachment:&#039;&#039;&#039; A bridge attachment is any utility facility, including communication lines and electrical lines, or any other utility facility of a similar nature that is fastened to a bridge for the purpose of spanning an obstacle.&lt;br /&gt;
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&#039;&#039;&#039;Clear zone:&#039;&#039;&#039; The total roadside border area starting at the edge of the traveled way, available for safe use by errant vehicles. This area may consist of a shoulder, a recoverable slope, a non-recoverable slope, and/or the area at the toe of a non-recoverable slope available for safe use by an errant vehicle. Clear zone dimensions are provided in the current edition of American Association of State Highway Transportation Officials Roadside Design Guide.&lt;br /&gt;
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&#039;&#039;&#039;Ditch Line:&#039;&#039;&#039; A line where the roadway ditch meets the back slope. It is located at the lowest point of a V-bottom ditch or furthest point from the roadway of a flat bottom ditch where the roadway slopes back to the existing ground line.&lt;br /&gt;
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&#039;&#039;&#039;Duct:&#039;&#039;&#039; An enclosed tubular casing, or raceway, for protecting wires, lines, or cables that is often flexible or semi-rigid (1-3% diametric deflection). The casing, or raceway, is separate from the cable or conductor that passes through it.&lt;br /&gt;
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&#039;&#039;&#039;Encasement:&#039;&#039;&#039; The term encasement means the placing of an installation around and outside of an underground facility consisting of a larger conduit that permits the removal and replacement of the facility. An alternate to the conduit type encasement is reinforced concrete poured around the utility facility. Utility owners are allowed to use any types of material as a carrier and encasement for its facilities as expressly provided for in the permit issued for the installation of the utility facility.&lt;br /&gt;
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&#039;&#039;&#039;Freeway:&#039;&#039;&#039; A divided arterial highway with full control of access.&lt;br /&gt;
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&#039;&#039;&#039;Highway:&#039;&#039;&#039; Any public way for vehicular travel, including the entire area within the right of way and related facilities constructed or improved and maintained by the Missouri Highways and Transportation Commission (MHTC) acting through the Missouri Department of Transportation (MoDOT).&lt;br /&gt;
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&#039;&#039;&#039;Interchange Limits:&#039;&#039;&#039; For the uniform handling of utility installations only, the limits of an interchange are the outside ramp curve points. See [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_1_TypicalInterchangeLimits_AOD.pdf EPG Figure 643.1.1] for an example.&lt;br /&gt;
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&#039;&#039;&#039;Interstate System or Other Freeways/Expressways:&#039;&#039;&#039; Interstate highways and highways with fully controlled access.&lt;br /&gt;
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&#039;&#039;&#039;Major Routes (Interstates, Freeways/Expressways and Principal Arterials):&#039;&#039;&#039; The major highway system is all routes functionally classified as principal arterials. The principal arterial system provides for statewide or interstate movement of traffic. The major roads in Missouri total approximately 5,500 centerline miles.&lt;br /&gt;
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&#039;&#039;&#039;Minor Routes:&#039;&#039;&#039; The minor highway system is all routes functionally classified as minor arterials or collectors. These routes mainly serve local transportation needs. The minor roads in Missouri total approximately 28,400 centerline miles.&lt;br /&gt;
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&#039;&#039;&#039;Normal Right of Way Line:&#039;&#039;&#039; An imaginary line that connects sudden breaks in the major right of way points for roadways. Sight distance right of way points (triangles) at roadway intersections are not to be considered as sudden breaks for determining normal right of way.&lt;br /&gt;
[[File:fig_643.1.2-06_2026.jpg|none|700px|thumb|Figure 643.1.2 Normal Right of Way Line.]]&lt;br /&gt;
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&#039;&#039;&#039;Private Lines:&#039;&#039;&#039; Privately owned utility facilities which convey or transmit the commodities outlined in the definition of utility facility of this section but devoted exclusively to private use.&lt;br /&gt;
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&#039;&#039;&#039;Scenic Enhancement Areas:&#039;&#039;&#039; Scenic enhancement areas include areas acquired or so designated as scenic strips, overlooks, rest areas, recreation areas, and the right of way of adjacent roadways and the right of way of roadways that pass through public parks and historic sites as described under 23 USC 138.&lt;br /&gt;
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&#039;&#039;&#039;Utility Corridor:&#039;&#039;&#039; An area established for the placement of utility facilities parallel to the normal right of way line.&lt;br /&gt;
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&#039;&#039;&#039;Utility Facility:&#039;&#039;&#039; Privately, publicly, or cooperatively owned line, facility, or system for producing, transmitting, or distributing communications, cable television, power, electricity, light, heat, gas, oil, crude products, water, steam, waste, storm water not connected with highway drainage or any other similar commodity, including any fire or police signal system or street lighting system which directly or indirectly serves the public and does not include privately owned facilities devoted exclusively to private use. The term &amp;quot;utility facility&amp;quot; includes those facilities used solely by the utility owner that are a part of its operating plant.&lt;br /&gt;
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&#039;&#039;&#039;Utility Owner:&#039;&#039;&#039; The utility owner is the utility company, inclusive of any wholly owned or controlled subsidiary, or city or county which owns utility facilities. The term also includes those government agencies that lease a utility facility for its own use or otherwise dedicated solely to governmental use.&lt;br /&gt;
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&#039;&#039;&#039;Variance:&#039;&#039;&#039; A one- (1-) time deviation from the requirements for location or relocation of utility facilities on the right of way of highways in the state highway system as established in [https://www.sos.mo.gov/cmsimages/adrules/csr/current/7csr/7c10-3.pdf Title 7 Code of State Regulations 10-3], requested by the utility, and approved by a MoDOT District Design Engineer.&lt;br /&gt;
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==643.1.3 Location of Utility Facilities==&lt;br /&gt;
Utility facilities paralleling the roadway should be installed in the utility corridor except as outlined below. The utility corridor is the space for all utility owners generally within six feet (6’) of the normal right of way line. When considering if the current utility corridor is available to expand from six feet (6’) to as much as twelve feet (12’), MoDOT determines if the expansion is warranted. In making the determination, MoDOT will consider the existing utilization of the original six feet (6’) corridor. Poles must remain within two feet (2’) of the normal right of way line unless approved by a variance. The utility corridor will only be expanded beyond six feet (6’) if the original six feet (6’) corridor is fully utilized and additional space would be required to accommodate additional utility facilities. Acquisition of additional right of way to establish a twelve feet (12’) corridor is not required on highway construction projects. For depths for underground utility facilities, see [[#643.1.4.1_Minimum_Cover_for_Underground_Facilities|EPG 643.1.4.1]].&lt;br /&gt;
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Utility facilities crossing the roadway should be installed as close to ninety degrees (90°) to the centerline of the roadway as possible and based on the guidelines below depending on the type of roadway. See [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_3_TypicalUtilityCorridor-InterchangeatMajorRoute_AOD.pdf EPG Figure 643.1.3] and [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_4_TypicalUtilityCorridor-InterchangeatMinorRoute_AOD.pdf EPG Figure 643.1.4] for typical utility corridors around interchanges.&lt;br /&gt;
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===643.1.3.1 Interstate System or Other Major Freeways/Expressways===&lt;br /&gt;
The installation of all utility facilities on highways of the Interstate System or other major freeways/expressways with fully controlled access are to be installed, serviced, and maintained without entering or leaving the roadway and ramps except at points approved by MoDOT for that purpose and without parking any equipment or storing materials upon the medians, roadway and ramps, or shoulders of the roadways. Cutting or damaging the pavement or paved shoulders is not permitted. New service connections to existing parallel utility facilities are to be permitted only where an outer roadway exists and then only where access is permitted by the Commission. Careful consideration will be given to the location of guys, anchors, braces, and other supports. Generally, good design practice will provide that appurtenances be located at right of way jogs, along intersecting road right of way, or at other similar acceptable locations, so that encroachment is held to an absolute minimum.&lt;br /&gt;
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No utility facilities will be permitted within the interchange limits of an interchange between fully limited access highways where planned or existing. Utility facilities within the interchange limits of an interchange with a non-access controlled highway will be permitted only along the minor road, provided that all construction, service, and maintenance can be performed from the minor road. Manholes and poles must be located beyond the ramp termini.&lt;br /&gt;
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For structures carrying or over interstates or other major freeways/expressways, see [[#643.1.5_Bridge_Attachment_Policy|EPG 643.1.5]].&lt;br /&gt;
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====643.1.3.1.1 Utility Facilities Crossing the Interstate or Other Major Freeways/Expressways====&lt;br /&gt;
=====643.1.3.1.1.1 Overhead Crossings of the Interstate or Other Major Freeways/Expressways=====&lt;br /&gt;
Overhead crossings of utility facilities are permitted only for power transmission and distribution lines and for multiple circuit communication lines where an underground installation is not economically feasible. Supports for existing utility facilities crossing overhead may remain on the right of way provided they are near the right of way line regardless of the presence of an outer road. Supports for new overhead utility facilities crossing overhead may be located on the right of way near the right of way line where an outer roadway exists and are to be located off the right of way where no outer roadway exists. Overhead service crossings are only permitted in isolated cases for residential or commercial establishments when the denial of the crossing would require construction of more than 1,200 feet (1,200’) of utility line to provide the service. Main or distribution line crossings are required to serve a general area other than isolated cases.&lt;br /&gt;
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=====643.1.3.1.1.2 Underground Crossings of the Interstate or Other Major Freeways/Expressways=====&lt;br /&gt;
Underground crossings of utility facilities are to be continuously encased under the pavement, medians, ramps, and shoulders with the casing extending to the toe of the fill slopes or to the ditch line. In curbed sections, encasement should extend outside the outer curb of the roadways a distance equal to the depth of the encasement at the curb line. Where installed by open trench through unpaved areas, detector tape should be placed approximately one foot (1&#039;) above the encasement. Where an interstate or other major freeway has a parallel outer roadway, encasement should be continuous under all roadways within the right of way.&lt;br /&gt;
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Manholes or vent pipes are to be located at the right of way line or adjacent to the outer roadway.&lt;br /&gt;
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For fiber optic cable, encasement should extend from within six feet (6&#039;) of one right of way line to within six feet (6&#039;) of the other right of way line.&lt;br /&gt;
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Exceptions may be made for encasement as listed in [[#643.1.4.2_Exceptions_to_Encasement|EPG 643.1.4.2]].&lt;br /&gt;
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=====643.1.3.1.1.3 Parallel Installations along the Interstate or Other Major Freeways/Expressways=====&lt;br /&gt;
New parallel installations on the right of way may be permitted only where an outer roadway exists, provided that poles are within two feet (2&#039;) of the normal right of way line and underground utility facilities are within the utility corridor, and provided that the utility facility can be installed and maintained between the outer roadway and the right of way line. Existing overhead or underground utility facilities that parallel an existing roadway which will be incorporated into a completed highway as an outer roadway may remain in place if all maintenance and service can be performed from an outer roadway and the existing location does not interfere with construction, maintenance, or operation of the completed highway. If an existing parallel utility facility needs to be relocated so as to not interfere with the construction, maintenance, or operation of the completed interstate or other major freeway, poles may be located withing five feet (5’) of the right of way line.&lt;br /&gt;
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Underground utility facilities are expected to be buried within the utility corridor of sight distance triangles (SDTs) at roadway intersections unless granted a variance. Overhead utility facilities may be allowed to span intersecting roadways with SDTs provided the poles, or supports, are located outside the SDT.&lt;br /&gt;
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=====643.1.3.1.1.4 Sanitary Sewers within the Right of Way of Interstates or Other Major Freeways/Expressways=====&lt;br /&gt;
New installations of sanitary sewers should follow the applicable guidelines for either underground crossings or parallel installations as appropriate. Existing gravity trunk sanitary sewers should be considered individually and removed or left in place contingent upon its age, condition, feasibility of moving, and maintenance access. Encasement of existing trunk sewers left in place may be required for questionable condition, protection during construction, or heavy fills.&lt;br /&gt;
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Manholes should be relocated to the right of way lines or adjacent to an outer roadway.&lt;br /&gt;
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===643.1.3.2 Major Routes===&lt;br /&gt;
For structures carrying or over major routes, see [[#643.1.5_Bridge_Attachment_Policy|EPG 643.1.5]].&lt;br /&gt;
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====643.1.3.2.1 Major Routes with Partially Controlled Access Right of Way====&lt;br /&gt;
The installation of all utility facilities on highways with partially controlled access right of way are to be installed, serviced, and maintained without entering or leaving the roadway and ramps except at points approved by MoDOT for that purpose and without parking any equipment or storing materials upon the medians, roadway and ramps, or shoulders of the roadways. Cutting or damaging the pavement or paved shoulders is not permitted. Equipment or materials stored within the right of way must be protected by longitudinal barrier or be located outside the clear zone. New service connections to existing parallel utility facilities are to be permitted only where granted by the Commission.&lt;br /&gt;
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No utility facilities will be permitted within the interchange limits of an interchange between fully limited access highways where planned or existing. Utility facilities within the interchange limits of an interchange with a non-access controlled highway will be permitted only along the minor road, provided that all construction, service, and maintenance can be performed from the minor road. Manholes and poles must be located beyond the ramp termini.&lt;br /&gt;
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====643.1.3.2.2 Major Routes with Normal Access Right of Way====&lt;br /&gt;
All new utility facilities will be installed and maintained without cutting or damaging the pavement or paved shoulders except in the event underlying rock formations or other obstructions are encountered that prevent boring or pushing operations. A variance may be granted for pavement cuts when the need is established. Pavement cuts may only be made by permits issued when it is impractical to otherwise service and maintain the facility. The installation of all utility facilities is to be installed without parking any equipment or storing materials upon the medians, roadway and ramps, or shoulders of the roadways. Equipment or materials stored within the right of way must be protected by longitudinal barrier or be located outside the clear zone.&lt;br /&gt;
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====643.1.3.2.3 Utility Facilities Crossing Major Routes====&lt;br /&gt;
=====643.1.3.2.3.1 Overhead Crossings of Major Routes=====&lt;br /&gt;
Supports for utility facilities crossing overhead should be located as near the right of way line as possible. For major routes with controlled access right of way, new overhead service crossings may be permitted in isolated cases for residential or commercial establishments where the denial of such crossings would require the construction of more than 1,200 feet (1,200’) of utility line to provide the same service. For major routes with normal access right of way, there is no restriction on the placement of service crossings.&lt;br /&gt;
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=====643.1.3.2.3.2 Underground Crossings of Major Routes=====&lt;br /&gt;
Underground crossings of utility facilities are to be continuously encased under the pavement, medians, ramps, and shoulders with the casing extending to the toe of the fill slopes or to the ditch line. In curbed sections, encasement should extend outside the outer curb of the roadways a distance equal to the depth of the encasement at the curb line. Where installed by open trench through unpaved areas, detector tape should be placed approximately one foot (1&#039;) above the encasement. Where a major route has a parallel outer roadway, encasement should be continuous under all roadways within the right of way.&lt;br /&gt;
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Manholes or vent pipes are to be located at the right of way line or adjacent to the outer roadway.&lt;br /&gt;
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For fiber optic cable, encasement should extend from within six feet (6&#039;) of one right of way line to within six feet (6&#039;) of the other right of way line.&lt;br /&gt;
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Exceptions may be made for encasement as listed in [[#643.1.4.2_Exceptions_to_Encasement|EPG 643.1.4.2]].&lt;br /&gt;
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====643.1.3.2.4 Parallel Installations along Major Routes====&lt;br /&gt;
New parallel installations on the right of way may be permitted provided that poles are within two feet (2&#039;) of the normal right of way line and underground utility facilities are within the utility corridor. Existing overhead or underground utility facilities that parallel an existing roadway which will be incorporated into a completed highway may remain in place if all maintenance and service can be performed without entering or leaving the roadway except at approved access points; without parking equipment or storing materials on the median, pavement, ramps, or shoulders; and the existing location does not interfere with construction, maintenance, or operation of the completed highway. If an existing parallel utility facility needs to be relocated so as to not interfere with the construction, maintenance, or operation of the completed highway, poles may be located withing five feet (5’) of the right of way line.&lt;br /&gt;
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Existing steel pipe transmission and distribution facilities for gaseous petroleum products that parallel an existing roadway that will be incorporated into the completed roadway may be left in place subject to an agreement by the utility owner that maintenance or service and facility expansion will be performed without cutting or damaging the pavement or interfering with the construction, maintenance, and operation of the highway and provided that the facility is cathodically protected against corrosion and meets the applicable material requirements.&lt;br /&gt;
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Underground utility facilities are expected to be buried within the utility corridor of sight distance triangles (SDTs) at roadway intersections unless granted a variance. Overhead utility facilities may be allowed to span intersecting roadways with SDTs provided the poles, or supports, are located outside the SDT.&lt;br /&gt;
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====643.1.3.2.5 Sanitary Sewers within the Right of Way of Major Routes====&lt;br /&gt;
New installations of sanitary sewers should follow the applicable guidelines for either underground crossings or parallel installations as appropriate. An existing gravity trunk sanitary sewer should be considered individually and removed or left in place contingent upon its age, condition, feasibility of moving, and maintenance access. If an existing parallel gravity main is left in place within the limits of the paved surface, paved shoulder lines, or curb lines, stub mains as required will be laid between the sewer main and curb or shoulder lines for future service connections in each block. Manholes should be relocated outside the traveled roadway as near the right of way line as practical.&lt;br /&gt;
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===643.1.3.3 Minor Routes===&lt;br /&gt;
For structures carrying or over minor routes, see [[#643.1.5_Bridge_Attachment_Policy|EPG 643.1.5]].&lt;br /&gt;
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====643.1.3.3.1 Utility Facilities Crossing Minor Routes====&lt;br /&gt;
=====643.1.3.3.1.1 Overhead Crossings of Minor Routes=====&lt;br /&gt;
Existing overhead crossings that interfere with construction, maintenance, or operation should be relocated with their supports as near the right of way line as is practical. New overhead crossing installations should be located with their supports as near the right of way line as is practical.&lt;br /&gt;
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=====643.1.3.3.1.2 Underground Crossings of Minor Routes=====&lt;br /&gt;
All new utility facilities should be installed and maintained without cutting or damaging the pavement or paved shoulders. A variance may be granted for pavement cuts when servicing and maintaining the facility by any other methods is impractical. Pavement cuts may only be made by permits issued. Underground crossings of utility facilities are to be continuously encased under the pavement, medians, ramps, and shoulders with the casing extending to the toe of the fill slopes or to the ditch line. In curbed sections, encasement should extend outside the outer curb of the roadways a distance equal to the depth of the encasement at the curb line. Where installed by open trench through unpaved areas, detector tape should be placed approximately one foot (1&#039;) above the encasement.&lt;br /&gt;
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Manholes or vent pipes are to be located at the right of way line or adjacent to the outer roadway.&lt;br /&gt;
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For fiber optic cable, encasement should extend from within six feet (6&#039;) of one right of way line to within six feet (6&#039;) of the other right of way line.&lt;br /&gt;
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Exceptions may be made for encasement as listed in [[#643.1.4.2_Exceptions_to_Encasement|EPG 643.1.4.2]].&lt;br /&gt;
&lt;br /&gt;
====643.1.3.3.2 Parallel Installations along Minor Routes====&lt;br /&gt;
New parallel installations on the right of way may be permitted provided that poles are within two feet (2&#039;) of the normal right of way line and underground utility facilities are within the utility corridor. Existing overhead or underground utility facilities that parallel an existing roadway which will be incorporated into a completed highway may remain in place if all maintenance and service can be performed without entering or leaving the roadway except at approved access points; without parking equipment or storing materials on the median, pavement, ramps, or shoulders; and the existing location does not interfere with construction, maintenance, or operation of the completed highway. If an existing parallel utility facility needs to be relocated so as to not interfere with the construction, maintenance, or operation of the completed highway, poles may be located within five feet (5’) of the right of way line.&lt;br /&gt;
&lt;br /&gt;
Underground utility facilities are expected to be buried within the utility corridor of sight distance triangles (SDTs) at roadway intersections unless granted a variance. Overhead utility facilities may be allowed to span intersecting roadways with SDTs provided the poles, or supports, are located outside the SDT.&lt;br /&gt;
&lt;br /&gt;
====643.1.3.3.3 Sanitary Sewers within the Right of Way of Minor Routes====&lt;br /&gt;
New installations of sanitary sewers should follow the applicable guidelines for either underground crossings or parallel installations as appropriate. An existing gravity trunk sanitary sewer should be considered individually and removed or left in place contingent upon its age, condition, feasibility of moving, and maintenance access. If an existing parallel gravity main is left in place within the limits of the paved surface, paved shoulder lines, or curb lines, stub mains as required will be laid between the sewer main and curb or shoulder lines for future service connections in each block. Manholes should be relocated outside the traveled roadway.&lt;br /&gt;
&lt;br /&gt;
===643.1.3.4 Roundabouts===&lt;br /&gt;
Regardless of roadway type, it is desirable to avoid locating utility facilities and their access points within the circulatory roadway. If possible, utility facilities are located in the legs of the roundabout to allow for future maintenance and access at an isolated leg versus affecting the entire roundabout. See [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_5_TypicalLocationofUtilityFacilitiesnearRoundabouts_AOD.pdf EPG Figure 643.1.5] for an example.&lt;br /&gt;
&lt;br /&gt;
===643.1.3.5 Utility Facilities in Scenic Enhancement Areas===&lt;br /&gt;
All existing utility facilities within the limits of a scenic enhancement area requiring adjustment because of construction or reconstruction will be placed underground or relocated beyond the limits of the scenic enhancement area. No new above ground facilities will be permitted. New underground facilities will be permitted provided they do not extensively alter or impair the appearance of the area.&lt;br /&gt;
&lt;br /&gt;
==643.1.4 Installation of Utility Facilities==&lt;br /&gt;
The following sections provide information on the physical installation of utility facilities within highway right of way.&lt;br /&gt;
&lt;br /&gt;
===643.1.4.1 Minimum Cover for Underground Facilities===&lt;br /&gt;
The minimum cover for new underground utilities is:&lt;br /&gt;
* Forty-two inches (42”) for all water lines (parallel and crossings).&lt;br /&gt;
* Forty-two inches (42”) for fiber optic cable (crossings encased in rigid conduit).&lt;br /&gt;
* Seventy-two inches (72”) for fiber optic cable (crossings encased in polyethylene (PE) pipe).&lt;br /&gt;
* Thirty inches (30”) for direct burial and in trench fiber optic cable (parallel).&lt;br /&gt;
* Twenty-four inches (24”) for all other direct burial copper or coaxial cable, (parallel).&lt;br /&gt;
* Seventy-two inches (72”) for uncased polyethylene (PE) gas pipe crossings under ditches and roadways but thirty inches (30”) elsewhere.&lt;br /&gt;
* Thirty inches (30”) for all other (such as, but not limited to, gravity sewers, forced sewers, and electric) underground utilities (both parallel and crossing).&lt;br /&gt;
&lt;br /&gt;
===643.1.4.2 Exceptions to Encasement===&lt;br /&gt;
Exceptions may be made for encasement as follows:&lt;br /&gt;
* Non-fiber communication or electric cables installed in ducts.&lt;br /&gt;
* Welded steel pipelines carrying gaseous or liquid petroleum products - provided they are cathodically protected against corrosion, triple-coated in accordance with accepted pipeline construction standards, and meet applicable material requirements.&lt;br /&gt;
* Natural gas distribution pipe (nominal six-inch (6”) diameter maximum) of polyethylene (PE) plastic, traceable, installed by a horizontal bore method at a minimum depth of seventy-two inches (72”) under ditches and roadways, constructed in accordance with and meeting applicable material requirements.&lt;br /&gt;
* Gas service connections protected and constructed in accordance with and meeting applicable material requirements.&lt;br /&gt;
* Encasement is not required for new trunk sanitary sewer crossings of vitrified clay, reinforced concrete or cast iron except when installation procedures would produce voids in the roadbed, heavy fills, or installations under pressure.&lt;br /&gt;
&lt;br /&gt;
===643.1.4.3 Above Ground or Ground Level Appurtenances===&lt;br /&gt;
Appurtenances protruding more than four inches (4”) above the ground line should be located outside the clear zone. If no feasible alternative exists and if permitted by a variance, appurtenances may be allowed within the clear zone if they meet breakaway criteria or will be shielded by a traffic barrier. Good design practice will provide that appurtenances be located at right of way jogs, along intersecting road right of way, or at other similar acceptable locations, so that encroachment is held to an absolute minimum. Cables, wires, small diameter pipes, and other such utility appurtenances extending from the surface of the ground should be equipped with covers or guards to improve their visibility. Appurtenances within sidewalks or street level pedestrian access routes are to be in conformance with the Americans with Disabilities Act requirements.&lt;br /&gt;
&lt;br /&gt;
The maximum pull box width perpendicular to the right of way line within the utility corridor is thirty inches (30”).&lt;br /&gt;
&lt;br /&gt;
===643.1.4.4 Overhead Utility Facilities===&lt;br /&gt;
The vertical clearance of new or existing overhead installations will not be less than the current minimum requirements of the National Electric Safety Code, but in no case less than eighteen feet (18’) inclusive of sag above the groundline for electrical facilities. Clearance may be reduced for overhead installations of cable, telephone, or fiber optic facilities.&lt;br /&gt;
A minimum radial clearance of twenty-five feet (25’) is provided from any utility facility to the nearest part of any bridge structure. A minimum radial clearance of ten feet (10’) is provided from the nearest charged electrical line to a MoDOT signal, lighting, ITS, or overhead sign structure.&lt;br /&gt;
&lt;br /&gt;
===643.1.4.5 Approved Materials===&lt;br /&gt;
Utility owners are allowed to use any material for underground utility facilities including carrier and encasement provided they accept responsibility for any future repairs and/or replacement of damaged MoDOT facilities should a failure occur. This will allow the use of current technology and procedures to provide the best value to its subscribers and the taxpayers of Missouri. For materials that MoDOT also uses in its highway system, utility owners must provide materials that meet the current [https://www.modot.org/missouri-standard-specifications-highway-construction Missouri Standard Specifications for Highway Construction]. For materials not listed in the Missouri Standard Specifications for Highway Construction, the utility owner should provide documentation of the standards used to determine suitability of the material.&lt;br /&gt;
&lt;br /&gt;
===643.1.4.6 Cutting===&lt;br /&gt;
In the event permission is granted to cut an existing concrete or asphalt pavement or sidewalk, the appropriate provisions below should be followed.&lt;br /&gt;
&lt;br /&gt;
====643.1.4.6.1 Pavement====&lt;br /&gt;
All pavement cuts should be made with a saw to the full depth of the pavement. The width of the cut is typically determined by the width of the trench plus a minimum one foot (1’) on each side of the trench. In the event the distance to any adjacent longitudinal or transverse joint or crack is less than four feet (4’), the pavement must be removed to the joint or crack. Cuts for perpendicular service tie-ins should be a minimum of three feet (3’) wide. Longitudinal main installations are typically cut at a minimum of half the lane width, but in no instance should the cut be along the wheel path of the lane.&lt;br /&gt;
[[File:fig_643.1.6-06_2026.jpg|800px|none|thumb|Figure 643.1.6 Pavement Repair Dimension Requirements.]]&lt;br /&gt;
&lt;br /&gt;
The utility facilities should be placed in a location with the least impact to the roadway. Typically, this leads to placement in the shoulder when available followed by the two-way left turn lane (TWLTL), and then outside lanes before allowing placement in interior through lanes. Lane switching should be kept to a minimum and should not be used to minimize repair sizes. Cuts for mains or service leads that may not be perpendicular to the roadway should be squared-off.&lt;br /&gt;
&lt;br /&gt;
Replacement of cut pavement should be full depth concrete in accordance with the current version at the time of installation of Section 613.10 Full Depth Pavement Repairs of the Missouri Standard Specifications for Highway Construction and the Missouri Standard Plans for Highway Construction. If the area of the pavement repair is not to be fully resurfaced all joints including the overcut from the sawing operation should be filled with an expansive mortar, epoxy, polyester, or joint material as approved by the Engineer in accordance with Section 1057 of the Missouri Standard Specifications for Highway Construction.&lt;br /&gt;
&lt;br /&gt;
====643.1.4.6.2 Pedestrian Access Routes====&lt;br /&gt;
All cuts in the pedestrian access routes whether asphalt or concrete should be made by saw and be the full depth of the material. Entire slabs of concrete sidewalk should be removed. Repair of the pedestrian access route must meet Americans with Disability Act requirements, see [[:Category:642_Pedestrian_Facilities|EPG 642]]. Cuts through curb ramps or detectable warning areas are not permitted. Rather the entire curb ramp or detectable warning area must be removed and replaced. MoDOT district ADA contacts can help ensure ADA compliance of impacted pedestrian access routes.&lt;br /&gt;
&lt;br /&gt;
===643.1.4.7 Non-disturbance Areas===&lt;br /&gt;
MoDOT has certain areas of right of way where mowing, spraying, digging, or other vegetation disturbance activities are restricted. These areas have been established to mitigate the environmental impacts of a previous project and should be avoided. If the areas cannot be avoided, contact MoDOT’s Environmental Section.&lt;br /&gt;
&lt;br /&gt;
==643.1.5 Bridge Attachment Policy==&lt;br /&gt;
No utility facility will be permitted in or on a structure carrying an interstate or other freeway unless it is part of a federal requirement or for MoDOT’s use. When the structure carries any other road type and no other practical means exists for the crossing, wires (communication, electrical, fiber, or metal) will be permitted. Electrical lines must be located to cause minimum exposure to MoDOT maintenance personnel and the public. Pressurized pipelines for gas or other petroleum products and water and all sewer lines are prohibited on all structures due to the risks associated with their failure.&lt;br /&gt;
&lt;br /&gt;
===643.1.5.1 Agreement===&lt;br /&gt;
An agreement is required for all utility facilities attached to any structure. A charge will be made for the increased maintenance costs involved. This fee is set by the Bridge Division. When permitted, a 50-year occupational agreement is executed with the utility owner. Agreement BR04 Utility Attachment Agreement is used when an attachment is added to a bridge during its construction. Agreement BR09 Bridge Attachment Agreement is used when an attachment is added to an existing bridge.&lt;br /&gt;
&lt;br /&gt;
===643.1.5.2 Requests===&lt;br /&gt;
Requests to attach facilities to structures is a multi-step process. Bridge Division is responsible for approval of the bridge attachment. If at any point in the process, Bridge Division determines the attachment to be unacceptable, a reason is to be provided.&lt;br /&gt;
&lt;br /&gt;
To start, the utility owner submits a conceptual request to the district utilities staff. The conceptual request consists of an explanation of the proposal; a general location sketch (i.e., which side of the bridge); and details on the facility, length, and weight per foot when full. The district utilities staff should work with all relevant district personnel including the District Bridge Engineer in reviewing and recommending the attachment. The district utilities staff will submit the recommended details to the Bridge Division to determine the applicable costs including future maintenance costs and for attachments to new bridges, design and construction. Once the Bridge Division has determined the cost, the district utilities staff shares the cost with the utility owner for their concurrence with furthering the process. For new bridges, if the utility owner concurs with the costs, the district utility staff will prepare the BR04 Agreement for execution by the utility owner and the Commission. MoDOT will be responsible for the design and construction of attachments to new bridges. For existing bridges, the district utilities staff will forward the applicable as-built bridge plans to the utility owner for its use in designing the bridge attachment. The utility owner will provide detailed design drawings, signed and sealed by a professional engineer in the State of Missouri, to the district utilities staff for review. The district utilities staff should work with all relevant district personnel, including the District Bridge Engineer, in reviewing and recommending the details of the attachment to the Bridge Division. Once Bridge Division approves, the Bridge Division will prepare the BR09 Agreement for execution by the utility owner and the Commission. The utility owner is responsible for the construction of attachments to existing bridges. A flow chart, [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_7_BridgeAttachementProcess_AOD.pdf EPG Figure 643.1.7], of the process is available.&lt;br /&gt;
&lt;br /&gt;
Payment from the utility owner for the attachment will be sent to Financial Services by district utilities staff. For BR04 agreements, district utilities staff should discuss with Financial Services how to get the payment credited to the project constructing the attachment. For BR09 agreements, district utilities staff should copy Bridge Division on correspondence with Financial Serves. Checks should be made payable to Director of Revenue, Credit State Road Fund.&lt;br /&gt;
&lt;br /&gt;
For requests from government entities such as cities, counties, and other municipalities, the requested information should be submitted to Bridge Division as described above. However, the district utilities staff will take the lead in preparing the DE10 County Agreement or DE11 Municipal Agreement, as applicable, with input from Bridge Division and Bridge Maintenance. All fees are waived for government entities.&lt;br /&gt;
&lt;br /&gt;
===643.1.5.3 Considerations===&lt;br /&gt;
The following considerations are made in determining the acceptability of a bridge attachment. Unique situations will be discussed with the Bridge Division as required.&lt;br /&gt;
&lt;br /&gt;
====643.1.5.3.1 Bridge Asset Management Program====&lt;br /&gt;
Requests for bridge attachments should be reviewed for consistency with the district’s upcoming bridge asset management program needs. If a structure is due for rehabilitation or replacement in the near future, information should be provided to the utility owner indicating existing remaining life of the bridge. In some instances, it may be in MoDOT’s best interest to deny the request for attachment outright. In some instances, the utility owner may still choose to pursue the short-term attachment to the existing structure. In almost all cases, the utility owner is responsible for the cost of removing and/or relocating their utility facilities for a necessary repair, widening, improvement or reconstruction of the structure. Review existing agreements for cost responsibility for current attachments.&lt;br /&gt;
&lt;br /&gt;
====643.1.5.3.2 Aesthetics====&lt;br /&gt;
In reviewing a request for a bridge attachment, how the structure is viewed by the public will be considered. For example, is the structure over a scenic stream that is extensively used by canoeists, or does the structure span a road that may provide access to a park, campgrounds, or boat launching facilities? Is the structure a grade separation where the motoring public will see the attachment before they pass under it?&lt;br /&gt;
&lt;br /&gt;
====643.1.5.3.3 Method of Attachment====&lt;br /&gt;
In order to maintain structural integrity of any structures the following requirements will apply for attachments.&lt;br /&gt;
&lt;br /&gt;
=====643.1.5.3.3.1 Welding=====&lt;br /&gt;
Welding of hardware to structural steel members (i.e., flanges, webs, stiffeners, and diaphragms) whether in tension or compression is not permitted.&lt;br /&gt;
&lt;br /&gt;
=====643.1.5.3.3.2 Drilling=====&lt;br /&gt;
Drilling holes in any structural steel member is not permitted. Drilling holes for anchors into any prestressed concrete member is not permitted. Although permitted, drilling holes for anchors into the underside of bridge decks must be done with caution. It is recommended all anchors be installed to miss deck reinforcing steel. Generally, drilling into decks will not be allowed where sonotubes were used (voided slab bridges). The depth of the holes should be such that breaking out of the concrete on the top side of the deck does not occur.&lt;br /&gt;
&lt;br /&gt;
=====643.1.5.3.3.3 Corrosion=====&lt;br /&gt;
Attachment hardware will be new, properly coated to prevent corrosion or be of a non-corrosive material, and be designed to support the facility.&lt;br /&gt;
&lt;br /&gt;
====643.1.5.3.4 Location====&lt;br /&gt;
In general, attachments are made on the underneath side of the bridge deck. The condition of the bridge deck will dictate the location of the attachment supports. An exception may be attachments to trusses or other overhead structures.&lt;br /&gt;
&lt;br /&gt;
Attachments that may require manholes in bridge decks are not allowed.&lt;br /&gt;
&lt;br /&gt;
When attachments are required to structures over streams that may carry large drifts, they must be attached to the downstream side of the structure and above the lowest superstructure element. It is preferred to locate the attachment on the outside of the exterior girder. If aesthetics are a concern, a better appearance can be achieved by having the attachment made to the inside of the exterior girder and above the bottom of the lower flange to hide the conduit and the attaching hardware.&lt;br /&gt;
&lt;br /&gt;
Placement of utilities must not prevent the removal of old paint, the application of new paint on superstructure steel, or cause debris buildup, which could cause structural deterioration.&lt;br /&gt;
&lt;br /&gt;
====643.1.5.3.5 Construction and Maintenance====&lt;br /&gt;
If the attachment cannot be built while maintaining one (1) lane of traffic on the structure, it will not be allowed.&lt;br /&gt;
&lt;br /&gt;
Construction procedures that severely impact traffic may factor into the allowable location of the attachment on the structure.&lt;br /&gt;
&lt;br /&gt;
When scaffolding is to be attached or supported by bridge rails, bridge superstructure, or bridge substructure, the procedures for construction of the attachment must be reviewed.&lt;br /&gt;
&lt;br /&gt;
The utility owner or local entity will pay for, or be responsible for, the painting of the attachment, if necessary, when the bridge requires painting.&lt;br /&gt;
&lt;br /&gt;
==643.1.6 Private Lines==&lt;br /&gt;
Private lines are permitted to cross the right of way of a highway in the same manner as outlined for all utility facilities in above sections of this article. Parallel installations along the right of way of a highway are not permitted. Special conditions at a specific location that make adherence to this policy impractical will be submitted to the Chief Engineer for consideration of an acceptable alternative. In certain situations, it may be necessary to obtain approval from the Federal Highway Administration (FHWA) before approval to use the alternative can be given to the private utility owner.&lt;br /&gt;
&lt;br /&gt;
==643.1.7 Water and Sewer Separations==&lt;br /&gt;
The Missouri Department of Natural Resources (MoDNR) Safe Drinking Water Commission via 10 CSR 60-10 and Clean Water Commission via 10 CSR 20-8 govern the design of water and sewer lines in the vicinity of one another. Basic criteria are outlined below for information, and details are contained within the regulations. MoDOT is not responsible for providing or acquiring adequate right of way for utility owners to comply with MoDNR requirements.&lt;br /&gt;
&lt;br /&gt;
===643.1.7.1 Water and Sewer Separations===&lt;br /&gt;
====643.1.7.1.1 Horizontal====&lt;br /&gt;
Sanitary and storm sewers are to be laid at least ten feet (10’) horizontally measured from outside edge to outside edge from any existing or proposed water main. In cases where it is not practical to maintain ten feet (10’) of separation, installation of the water main closer to the sewer is acceptable where the water main is installed in a separate trench or on an undisturbed earth shelf located on one (1) side of the sewer at an elevation so the bottom of the water main is at least eighteen inches (18”) above the top of the sewer.&lt;br /&gt;
&lt;br /&gt;
===643.1.7.2 Crossings===&lt;br /&gt;
Water mains are to be laid to provide a minimum vertical distance of eighteen inches (18”) vertically measured outside edge to edge from sanitary or storm sewers. This is the case whether the water main is above or below the sewer. One (1) full length of water pipe must be located so both joints will be as far from the sanitary or storm sewer line as possible. Special structural support for the water main or sanitary or sewer main may be required.&lt;br /&gt;
&lt;br /&gt;
===643.1.7.3 Exception===&lt;br /&gt;
When it is impossible to obtain proper horizontal and vertical separation as stipulated, the sewer will be designed and constructed equal to water pipe and will be pressure-tested to assure it is watertight prior to backfilling.&lt;br /&gt;
&lt;br /&gt;
===643.1.7.4 Water Supply Interconnections===&lt;br /&gt;
No physical connection is permitted between a public or private potable water supply system and any sanitary or storm sewer or appurtenance that would permit the passage of any sewage or polluted water into the water supply. No water pipe is permitted to pass through or come in contact with any part of a sanitary sewer manhole.&lt;br /&gt;
&lt;br /&gt;
===643.1.7.5 Water Works Structures===&lt;br /&gt;
Sewers are not permitted to be installed within fifty feet (50’) in any direction from any existing or proposed public water supply well or other water supply sources or structures.&lt;br /&gt;
&lt;br /&gt;
==643.1.8 Variances==&lt;br /&gt;
Occasionally, it is impractical to locate a utility facility in accordance with requirements outlined in this article. MoDOT may consider a utility owner’s request for a variance from these requirements on a case-by-case basis. The utility owner should complete a [https://epg.modot.org/forms/general_files/DE/UtilityVarianceApprovalForm.docx Utility Variance Approval Form] to be submitted to MoDOT for consideration. Variances on the Interstate System require approval of the Federal Highway Administration (FHWA). A flow chart, [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_8_VarianceApprovalProcess.pdf EPG Figure 643.1.8], of the variance process is available.&lt;br /&gt;
&lt;br /&gt;
A variance will not be permitted just for the convenience of the utility owner. The utility owner requesting a variance must provide all necessary information to properly evaluate if a variance should be approved. For example, a utility owner requesting a variance because “the utility corridor is full” must explore all reasonable options. It is suggested that the requestor pothole the existing utility corridor to confirm the location of existing utility facilities and provide that data to support the need to locate outside of the utility corridor due to its congestion.&lt;br /&gt;
&lt;br /&gt;
===643.1.8.1 Variance Process===&lt;br /&gt;
Any utility owner of a public utility facility may apply for a variance. The process for requesting a variance is as follows:&lt;br /&gt;
&lt;br /&gt;
====643.1.8.1.1 Submittal Requirements====&lt;br /&gt;
Utility owners submit to the district utilities staff a written request for a variance using the [https://epg.modot.org/forms/general_files/DE/UtilityVarianceApprovalForm.docx Utility Variance Approval Form]. The utility owner must clearly show the provision(s) or guideline(s) for which the variance is being requested; the condition(s) which the utility owner believes warrant(s) the granting of a variance; a thorough explanation of the reason(s) for the requested variance, including sufficient and appropriate documentation of safety, aesthetic, or constructability constraints that would be adverse to the function, access, or maintenance of the utility facility and not in the best interest of the public.&lt;br /&gt;
&lt;br /&gt;
====643.1.8.1.2 MoDOT Consideration of Variance Request====&lt;br /&gt;
The utility owner bears full responsibility for demonstrating to MoDOT’s satisfaction that the variance is the most appropriate way to serve the public interest. MoDOT may present to the utility owner and the utility owner must consider reasonable alternatives to the variance requested by the utility owner. In determining whether to grant a variance, district utilities staff will consider all relevant factors including, but not limited to: the requested variance is reasonably necessary for the convenience, safety, health, and/or welfare of the public; there is an exceptional or undue burden or hardship on the specific applicant; a physical impracticability that would result from the applicant’s adherence to the normal location requirements; and the requested variance will not impair the safe construction, maintenance, operation, and safety of public travel on the highway. District utilities staff may consult with the Design Liaison Engineer in evaluating variances.&lt;br /&gt;
&lt;br /&gt;
====643.1.8.1.3 Approval of Variances====&lt;br /&gt;
Once district utilities staff have agreed to accept a variance proposed by the utility owner, the [https://epg.modot.org/forms/general_files/DE/UtilityVarianceApprovalForm.docx Utility Variance Approval Form] and all supporting documentation is sent to the District Design Engineer (DDE) for approval. If a variance is on interstate right of way, the DDE-signed Variance Request Form and all supporting documentation is forwarded to the Design Liaison Engineer who will forward to FHWA for their concurrence.&lt;br /&gt;
&lt;br /&gt;
====643.1.8.1.4 Variance Appeal Informal Hearing====&lt;br /&gt;
If denied a variance, the utility owner has thirty (30) calendar days to request an informal hearing for the purpose of appealing the denial. Requests must be made in writing to the State Design Engineer, Missouri Department of Transportation, P.O. Box 270, Jefferson City, MO 65102. If the utility owner requests an informal hearing, MoDOT’s authorized representative will advise the applicant of the time, date, and place of the hearing. The hearing is not a contested case under RSMo 536. The rules of evidence will not apply at the hearing, and MoDOT’s decision after the conduct of the hearing is not subject to further appeal.&lt;br /&gt;
&lt;br /&gt;
==643.1.9 Excess Right of Way==&lt;br /&gt;
Prior to conveyance of excess right of way, the status of utility facilities within said parcel must be addressed. See [[236.5_Property_Management#236.5.12_Excess_Land_Conveyances_&amp;amp;_Relinquishments_–_Regulated_Utilities|EPG 236.5.12]].&lt;br /&gt;
&lt;br /&gt;
==643.1.10 Broadband==&lt;br /&gt;
Broadband development in the state of Missouri is handled by the Department of Economic Development (DED). MoDOT shares its approved Statewide Transportation Improvement Program (STIP) project list with DED. All MoDOT policies related to placement of utility facilities within Commission right of way as outlined in this EPG 643.1 are to be followed.&lt;br /&gt;
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&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643.2 Utilities in Program Delivery &#039;&#039;PAGE TITLE&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt; &lt;br /&gt;
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==643.2.1 Introduction==&lt;br /&gt;
Improvements to the highway system often require negotiation between the Commission and a city, a county, or a public or private utility owner. The Commission’s district utilities staff is responsible for coordination of highway improvement projects with the utility owner’s representative. The impact to a utility, the responsibility for the cost of adjustments necessary to allow highway construction, the plan of adjustment of the utility, the responsibility of performance of work on utility facilities, and the schedule of the utility adjustment are all items that vary depending on the project and should be investigated and negotiated to ensure highway improvement projects are delivered on-time and on-budget. These should comply with Commission policy. A [https://epg.modot.org/forms/general_files/DE/flowchart.pdf flowchart] outlining all the utility adjustment processes (reimbursable and non-reimbursable relocations, Master Reimbursable Utility Agreements and Project Specific Agreements, etc.) are available in the list of figures at the top of the page. These processes will not always be in combination, but each should be considered with each project.&lt;br /&gt;
&lt;br /&gt;
The district utilities staff, in conjunction with the Transportation Project Manager (TPM), is expected to invite and encourage participation of utility owner representatives in MoDOT project meetings as needed.&lt;br /&gt;
&lt;br /&gt;
When a project involves utility adjustments for which the Commission is responsible for costs, the TPM should program the costs of the utility adjustments as non-contractual construction costs in the STIP Information Management System (SIMS).&lt;br /&gt;
&lt;br /&gt;
==643.2.2 Annual Utility Meeting==&lt;br /&gt;
Each district should hold an annual meeting with utilities to discuss current STIP projects in the district. The annual meeting should be held during each year&#039;s STIP preparations, ideally between January and May. All utility owners that have utility facilities in the district should be invited. The intent is to provide the utility owners with an idea of upcoming projects to allow them the opportunity to plan and budget for potential adjustments of their utility facilities, identify both MoDOT and utility roadblocks, and develop action plans to complete utility adjustments better, faster, and cheaper.&lt;br /&gt;
&lt;br /&gt;
==643.2.3 Determination of Existing Utilities==&lt;br /&gt;
District utilities staff should determine the appropriate level of effort needed to accurately identify existing utilities within the footprint of a proposed highway construction project. Aboveground utilities are easily identifiable via field checks; however, determination of the precise location of underground utilities can be more challenging and time consuming. Therefore, the district utilities staff should balance the risk of conflict with the highway construction project against the level of effort needed to determine the location.&lt;br /&gt;
&lt;br /&gt;
The level of effort on mapping utilities is dependent on the scope of the project and the potential for utilities having an impact on the construction of the project. The project schedule should include the time to complete this task accurately. The time and effort necessary for having accurate locates requires close interaction with the utility locators. Early contact with utility owner representatives may be necessary to accurately locate underground utility facilities.&lt;br /&gt;
&lt;br /&gt;
Various methods of determining existing underground utilities result in different levels of quality. ASCE Standard 38 Standard Guidance for Investigating and Documenting Existing Utilities classifies four levels of quality:&lt;br /&gt;
:1. Quality Level D: QL-D is the most basic level of information for utility locations. It comes solely from existing utility records or verbal recollections, both typically unreliable sources. It may provide an overall &amp;quot;feel&amp;quot; for the congestion of utilities but is often highly limited in terms of comprehensiveness and accuracy. QL-D is useful primarily for project planning and route selection activities.&amp;lt;br&amp;gt;&lt;br /&gt;
: Missouri 811 or “private-locate” markings are to be considered to be QL-D.&lt;br /&gt;
:2. Quality Level C: QL-C is probably the most used level of information. It involves surveying visible utility facilities (e.g., manholes, valve boxes, etc.) and correlating this information with existing utility records (QL-D information). When using this information, it is not unusual to find that many underground utilities have been either omitted or erroneously plotted. Therefore, its usefulness is primarily on rural projects where utilities are not prevalent or are not too expensive to repair or relocate.&lt;br /&gt;
:3. Quality Level B: QL-B involves the application of appropriate surface geophysical methods to determine the existence and horizontal position of virtually all utilities within the project limits. This activity is called &amp;quot;designating&amp;quot;. The information obtained in this manner is surveyed to project control. It addresses problems caused by inaccurate utility records, abandoned or unrecorded utility facilities, and lost references. The proper selection and application of surface geophysical techniques for achieving QL-B data is critical. Information provided by QL-B can enable the accomplishment of preliminary engineering goals. Decisions regarding location of storm drainage systems, footers, foundations, and other design features can be made to avoid conflicts with existing utilities. Slight adjustments in design can produce substantial cost savings by eliminating utility relocations.&lt;br /&gt;
:4. Quality Level A: QL-A, also known as &amp;quot;locating or potholing&amp;quot;, is the highest level of accuracy presently available and involves the full use of the subsurface utility engineering services. It provides information for the precise plan and profile mapping of underground utilities through the nondestructive exposure of underground utilities, and provides the type, size, condition, material, and other characteristics of underground features.&lt;br /&gt;
&lt;br /&gt;
For projects with scopes that have potential for utility conflicts, the minimum level of effort required is SUE Quality Level D. Locations of existing utilities are determined by requesting locates through Missouri 811, also known as the “One-Call” process. Missouri 811 locating requests should be carefully considered for the scope of work of the project. When necessary, the location of existing utilities should be established by a field survey of locate markings and features and shown on the roadway plans. Higher level SUE Quality Levels can be used on any project. Adjustment cost savings, whether to the MoDOT or to the utility owner, are beneficial to the taxpayer. Good SUE projects are typically urban in nature, or in congested areas, where the project footprint is to be minimized, or anytime accurate vertical and horizontal location of the utility facility might allow a design to avoid the utility facility thus preventing the need for the adjustment. The SUE process combines civil engineering, surveying, and geophysics. It utilizes several technologies, including vacuum excavation and surface geophysics.&lt;br /&gt;
&lt;br /&gt;
When proposed excavation or installation of subsurface features (drainage, equipment bases, etc.) falls within three feet (3’) of a marked Missouri 811 line, soft digging (hand digging, potholing, vacuum methods, pressurized air/water jetting, pneumatic hand tools, etc.) is required to more exactly locate the utility facility both horizontally and vertically. Utility facilities present within the right of way by permit, should be investigated by the utility owner. Utility facilities that would be reimbursable or partially reimbursable as defined in EP 643.2.8 will be investigated by MoDOT.&lt;br /&gt;
&lt;br /&gt;
==643.2.4 Conflict Determination==&lt;br /&gt;
Determination of whether a conflict exists between an existing utility facility and a proposed highway improvement project should occur at the earliest possible stage of project development. A conflict may be the result of the physical interaction between the roadway infrastructure and utility facility, a reduction in cover or increase in fill over underground utilities, a reduction in horizontal clearance whether above or below ground, a reduction in overhead vertical clearance, paving over utilities, or restricting a utility owner’s access to its utility facilities. District utilities staff should work with utilities to determine if a conflict exists and the appropriate plan of adjustment to remedy the conflict. The adjustment to the utility may be a relocation or another measure that protects the utility or access to the utility from the proposed highway improvement project. Determination of a conflict needs to be continually re-evaluated as the project design progresses. Continuing coordination is essential.&lt;br /&gt;
&lt;br /&gt;
==643.2.5 Utility Plan of Adjustment==&lt;br /&gt;
===643.2.5.1 Request for Plan of Adjustment===&lt;br /&gt;
District utilities staff will request a plan of adjustment from utility owners whose utility facilities are in conflict with a proposed highway project. The plan of adjustment may consist of efforts to relocate the utility or otherwise protect a utility from the impacts of the proposed highway project. Utilities are shown on the roadway plan and profiles sheets that are furnished to utility owners for use in planning required utility adjustments. Any other sheets such as drainage, traffic signal, lighting, or ITS plans that show impacts to a utility facility should also be provided to the utility owners. All adjustments, reimbursable or not, require a plan of adjustment furnished by the utility owner.&lt;br /&gt;
&lt;br /&gt;
A transmittal letter is included in the request for a plan of adjustment. The letter informs the utility owner that regardless of whether an adjustment is reimbursable, no physical adjusting or relocating of their utility facilities to accommodate the proposed highway improvement is to be performed without specific approval and authorization. Additionally, if any part of the adjustment has the potential to be reimbursable, they are advised:&lt;br /&gt;
# They may undertake preliminary engineering by their own forces upon approval by district utilities staff of the estimated costs of preliminary engineering.&lt;br /&gt;
# They may employ a consultant to do the PE work provided they request and obtain prior approval. See [[#643.2.6_Preliminary_Engineering_Requirements|EPG 643.2.6 Preliminary Engineering Requirements]].&lt;br /&gt;
# Any preliminary engineering costs accrued prior to the date of written authorization to proceed will not qualify for reimbursement.&lt;br /&gt;
# Replacement right of way or easements cannot be purchased without specific approval and authorization.&lt;br /&gt;
&lt;br /&gt;
===643.2.5.2 Proposed Plan of Adjustment===&lt;br /&gt;
Developing a plan of adjustment is a multi-step process. The utility owner will propose a conceptual approach to adjusting the utility facilities to allow highway construction. This conceptual approach is used as the basis for determining cost responsibility, estimate of costs for preliminary engineering and construction, developing the agreement if necessary, and final design of the adjustment. Negotiations between district utility staff and the utility owner’s representative can result in changes to the design throughout the process.&lt;br /&gt;
&lt;br /&gt;
Final plans of adjustment must contain a legend on the first sheet identifying the utility symbols used. They must also show the existing utility facilities and their disposition, the location of the new or adjusted utility facilities, the existing and new right of way lines, the limited or fully controlled access symbols (where applicable), the existing and proposed roadways, ramps, and outer roadways and any other pertinent roadway information. They must contain sufficient details concerning location, elevation, compaction, clean up, etc. to provide for the proper adjustment of the utility facility. Relocated and/or existing utility facilities that will remain in place must be dimensioned or indicated in a manner to show their location in respect to the right of way lines. It is preferred that the utility owner transmits the plan of adjustment by electronic deliverables in a format that can be incorporated into the roadway plans. This will reduce the time and effort necessary as well as increase the accuracy of transferring this information into the roadway plans.&lt;br /&gt;
&lt;br /&gt;
Plans of adjustment received from the utility owner are to be checked for compliance with MoDOT’s requirements ([[#643.1_Utilities_Location|EPG 643.1 Utility Location]]) by the district utilities staff. They are also checked to ensure compatibility with the roadway design. Any continuing conflicts are resolved through negotiations with the utility owner.&lt;br /&gt;
&lt;br /&gt;
Occasionally, it is impractical to perform a utility adjustment in accordance with MoDOT’s requirements. Sometimes the utility may request approval of a plan of adjustment that does not conform to these requirements. Deviation from MoDOT’s utility requirements is a variance. Refer to [[#643.1.8_Variances|643.1.8 Variance Process]] for additional guidance.&lt;br /&gt;
The final plan of adjustment is included as Exhibit “A” to the agreement ([[#643.2.12_Utility_Agreements|EPG 643.2.12 Agreements]]).&lt;br /&gt;
&lt;br /&gt;
==643.2.6 Preliminary Engineering Requirements==&lt;br /&gt;
Preliminary engineering (PE) can be performed one of four ways for utility adjustments:&lt;br /&gt;
# The utility owner can use its own engineering forces.&lt;br /&gt;
# MoDOT can select an engineering consultant, after consultation with the utility owner, and the consultant contract will be administered by MoDOT.&lt;br /&gt;
# The utility owner can select an engineering consultant, with approval by MoDOT, and the consultant contract will be administered by the utility owner.&lt;br /&gt;
# If a utility adjustment is being included in a MoDOT administered construction contract, the preliminary engineering of the adjustment can be provided by MoDOT.&lt;br /&gt;
&lt;br /&gt;
For reimbursable utility adjustments, the amount paid to engineers, architects, and others for required engineering and allied services can be included in reimbursement amount provided such amounts are not based on a percentage of the costs of the necessary adjustments to allow highway construction. Reimbursement is available for contracts executed after solicitation of a consultant for the specific adjustment or existing continuing contracts when it is demonstrated that such work is performed regularly for the utility owner in its own work and that the costs are reasonable.&lt;br /&gt;
&lt;br /&gt;
A [https://epg.modot.org/forms/general_files/DE/UtilityConsultantContractChecklist.docx checklist is available for reviewing consultant-engineering contracts] to ensure the contract conforms to MoDOT policy and complies with applicable federal regulations. District utilities staff should use the checklist to review contracts and may consult with Audits and Investigations Division as necessary. The procedures in 23 CFR part 172, Administration of Engineering and Design Related Service Contracts may be used as a guide for reviewing proposed consultant contracts. [[:LPA:136.4_Consultant_Selection_and_Consultant_Contract_Management|EPG 136.4 Consultant Selection and Consultant Contract Management]] may also be used as a guide.&lt;br /&gt;
&lt;br /&gt;
===643.2.6.1 Solicited Consultant Contracts===&lt;br /&gt;
If solicitation of PE services is required for reimbursable utility adjustments, the utility owner must provide the following documents and information to district utilities staff. These documents need to be provided as soon as the utility owner has chosen to solicit a consultant. Document 1 must be supplied by all utility owners. Documents 2 and 3 are only required when the utility owner is a local government agency who is also a political subdivision of the state of Missouri (e.g., city-owned utilities, county-owned utilities). All other utility owners are encouraged, but not required, to provide Documents 2 and 3:&lt;br /&gt;
# A statement that the utility owner is not staffed or able to perform the required PE services with its own forces.&lt;br /&gt;
# Provide the names of at least three (3) consultants considered.&lt;br /&gt;
# The criteria used to evaluate each consultant and reasons why the selected consultant was selected.&lt;br /&gt;
&lt;br /&gt;
The following documents need to be provided as soon as the utility owner has successfully negotiated and entered into a contract with the consultant:&lt;br /&gt;
# The name and address of the selected consultant.&lt;br /&gt;
# A statement that the &amp;quot;[https://epg.modot.org/forms/general_files/DE/CertificationOfConsultant.docx Certification of Consultant]&amp;quot; will be furnished immediately upon award of the contract to the consultant.&lt;br /&gt;
# One executed copy of the proposed engineering contract or agreement between the utility owner and consultant, only if the engineering will exceed $5,000.00.&lt;br /&gt;
# The consultant&#039;s fixed (lump sum) or estimated fee (actual cost) and the contract maximum.&lt;br /&gt;
# A cost summary providing a detailed breakdown of the basis for the consultant&#039;s compensation, including estimated labor hours, hourly rates for each classification, overhead rate (if used), the amount of profit charged, and any other estimated charges such as travel expenses, equipment rentals, etc. If an overhead rate is used, the consultant must also submit the supporting overhead rate calculations.&lt;br /&gt;
# An independent cost estimate of engineering services provided by the utility owner to use in comparison to the consultant’s proposed engineering services to check for cost reasonableness.&lt;br /&gt;
&lt;br /&gt;
===643.2.6.2 Continuing Consultant Contracts===&lt;br /&gt;
When a utility owner chooses to use an existing continuing contract for PE services, the utility owner must provide the following documents and information to the district utilities staff as soon as possible.&lt;br /&gt;
# A statement that the utility owner is not staffed or able to perform the engineering with its own forces.&lt;br /&gt;
# The name and address of the consultant under the existing continuing contract.&lt;br /&gt;
# A statement that the &amp;quot;[https://epg.modot.org/forms/general_files/DE/CertificationOfConsultant.docx Certification of Consultant]&amp;quot; will be furnished.&lt;br /&gt;
# A copy of the continuing contract to the district utilities staff. The district utilities staff will review the contract for reasonableness of cost.&lt;br /&gt;
# The consultant&#039;s fixed (lump sum) or estimated fee (actual cost) and the contract maximum for the work associated with the utility adjustment.&lt;br /&gt;
# A cost summary providing a detailed breakdown of the basis for the consultant&#039;s compensation, including estimated labor hours, hourly rates for each classification, overhead rate (if used), the amount of profit charged, and any other estimated charges such as travel expenses, telephone, etc. If an overhead rate is used, the consultant must also submit the supporting overhead rate calculations.&lt;br /&gt;
# An independent cost estimate of engineering services provided by the utility owner to use in comparison to the consultant’s proposed engineering services to check for cost reasonableness.&lt;br /&gt;
&lt;br /&gt;
===643.2.6.3 Consultant Contract Changes===&lt;br /&gt;
If a PE services contract between a utility owner and a consultant needs to be revised, a copy of the revised contract, fee, and schedule should be submitted by the utility owner to the district utilities staff prior to allowing for contract changes. District utilities staff should review the contract changes to ensure the revised contract conforms to MoDOT policy and complies with applicable federal regulations.&lt;br /&gt;
&lt;br /&gt;
==643.2.7 Environmental and Right of Way==&lt;br /&gt;
===643.2.7.1 Utilities and Environmental Clearances===&lt;br /&gt;
District utilities staff should coordinate with the TPM and utility owner’s representative to understand and communicate on known environmental and cultural constraints that could impact a utility owner’s plan of adjustment. This will allow the utility owner to consider permitting timelines and alternatives that avoid environmental or cultural resources to keep the project on schedule.&lt;br /&gt;
&lt;br /&gt;
One strategy to make project delivery more efficient and ensure regulatory compliance is for MoDOT to obtain the environmental and cultural resource permits and clearances for the utility owners associated with a roadway improvement while obtaining its own. This would generally only be for the permits and regulatory clearances MoDOT already needs to pursue as a part of the transportation improvement.&lt;br /&gt;
&lt;br /&gt;
District utilities staff should coordinate with the utility owner’s representative early in the project timeline to determine if it is in the best interest of both MoDOT and the utility owner to obtain permits and environmental clearances jointly. The following strategies can be utilized to determine if a joint approach to environmental work should be pursued:&lt;br /&gt;
* If utility facilities are moving to a location within or immediately adjacent to MoDOT right of way, a utility owner may be invited to participate in permitting and environmental compliance activities.&lt;br /&gt;
* If utilities move to a location not within or adjacent to MoDOT right of way, the utility company would not normally be invited to participate in permit applications and environmental compliance activities. However, some unique projects may necessitate further attention and should be discussed with the Design Liaison Engineer.&lt;br /&gt;
&lt;br /&gt;
If MoDOT and the utility owner agree to obtain joint permits and clearances, written communication between the utility owner’s representative and the district utilities staff should document the following items:&lt;br /&gt;
* List of the permits and clearances that MoDOT will acquire on behalf of the utility owner.&lt;br /&gt;
* List of the information needed from the utility owner in order for MoDOT to acquire the permits and clearances.&lt;br /&gt;
* Schedule and deadlines for submittal of the information by the utility owner. For example: utility plans, fill quantities, construction methods, dates, or seasons of construction.&lt;br /&gt;
&lt;br /&gt;
Permits and clearances that may be needed by both a utility owner and MoDOT include:&lt;br /&gt;
* [[127.7_Threatened_and_Endangered_Species|Endangered Species Act consultation and clearance]]&lt;br /&gt;
* [[127.2_Historic_Preservation_and_Cultural_Resources#127.2.1.1_Historic_Preservation_Regulations_and_Laws|Section 106 of the National Historic Preservation Act clearance]]&lt;br /&gt;
* [[127.10_Section_4(f)_Public_Lands|Section 4(f) clearance]]&lt;br /&gt;
* [[127.10_Section_4(f)_Public_Lands#127.10.1.4_Section_6(f)_Laws_and_Regulations|Section 6(f) of the Land and Water Conservation Fund Act clearance]]&lt;br /&gt;
* [[127.4_Wetlands_and_Streams|Section 401 and Section 404 of the Clean Water Act permits]]&lt;br /&gt;
* [[:Category:806_Pollution,_Erosion_and_Sediment_Control#806.1_Introduction_(see_Sec._806)|Section 402 of the Clean Water Act permit (State Operating Permit for Erosion Control)]]&lt;br /&gt;
* [[127.8_Hazardous_and_Solid_Waste|Recommendations on contaminated soil disposition]]&lt;br /&gt;
&lt;br /&gt;
===643.2.7.2 Right of Way Acquisition and Utilities===&lt;br /&gt;
The Commission is obligated to acquire the width of right of way required by the design of the highway improvement. For utility facilities currently located within the Commission’s right of way, this includes the necessary space for the utility facilities impacted by the design of the highway improvement. Either additional right of way width to accommodate a utility corridor or a utility easement can be obtained for the relocation of utility facilities. When drainage easements are acquired along a channel, additional space for utility facilities should be considered to avoid conflicts between the utility facility and the bridge or culvert.&lt;br /&gt;
&lt;br /&gt;
District utilities staff should inform the utility owner’s representative of the potential of a conflict between an existing utility facility and a proposed highway construction project early in the project development process to allow sufficient time for the utility owner to prepare a plan of adjustment and notify the district utilities staff of any easement needs. When utility facilities are located on a utility owner’s private easement, the utility owner may obtain its own new easements. If the utility owner is not in a position to negotiate for new easements or if the utility owner’s policies will not permit it to condemn property to obtain the easement, MoDOT can acquire the easement in the same manner roadway right of way is obtained. The district utilities staff should verify the utility owner is aware of the opportunity to have MoDOT acquire the easement, and the utility owner should provide written documentation on whether the utility owner would like to pursue this option with MoDOT.&lt;br /&gt;
&lt;br /&gt;
For situations where the utility owner will obtain its own replacement right of way and the cost of the adjustment is MoDOT’s responsibility, the utility right of way cost should be reviewed by the district right of way department to ensure the cost is reasonable and acquisition followed state and federal regulations. In order to expedite utility adjustments necessary to allow highway construction, the district utility staff may authorize the utility owner to obtain easements prior to all details of a plan of adjustment being developed. In this situation, the district utilities staff should ensure enough details are known to justify the needed right of way, and an agreement for right of way costs only should be executed with the utility owner.&lt;br /&gt;
&lt;br /&gt;
For situations where MoDOT will obtain the right of way necessary to allow highway construction, district utility staff should negotiate with the utility owner’s representative to ensure all necessary utility easements are shown on the approved right of way plans. The TPM should confirm with district utilities staff that the right of way plans accurately reflect the needs of the utility owners prior to requesting right of way plan approval. The district Right of Way Manager should confirm with district utilities staff before requesting an acquisition date (A-date). Every effort should be made to avoid adding utility easement requests once negotiations with property owners have begun.&lt;br /&gt;
&lt;br /&gt;
Occasionally, when negotiations cannot be completed for easements for the adjustment of utility facilities, it may be necessary to condemn for the property. District utilities staff should coordinate with the utility owner’s representative to ensure no alternate design for the adjustment of the utility facility is practical. The decision to condemn for easements for the adjustment of the utility facilities requires the exercise of good judgment in reaching the conclusion that further good faith negotiations are futile and condemnation is necessary to maintain the project in the scheduled letting. The TPM should coordinate with the district utilities staff and district Right of Way (RW) personnel on the condemnation proceedings.&lt;br /&gt;
&lt;br /&gt;
Easement and other right of way documents used with utility owners are handled in accordance with procedures established jointly with RW and district utilities staff. District survey staff prepare the land descriptions for use in utility easements. The district utilities staff is responsible for completion of the easements in the correct form and scope. A sketch delineating the area described is attached to the easement as Exhibit “A”. Communication with the Design Division will ensure use of proper forms, corporate names and locations, and particular wording required for joint ownerships. The description for a utility easement is to be referenced to the nearest land corner shown on the plans. Examples of easements can be found in the template list in [https://netprod3.dot.missouri/eAgreements/Search/QuickSearch eAgreements].&lt;br /&gt;
&lt;br /&gt;
In situations where MoDOT is acquiring right of way with existing utility easements, but the district utilities staff and the utility owner’s representative agree that the utility facility may remain in place, the utility owner will release the property to the Commission separate from the right of way acquisition. This is done by executing an Easement for Highway Construction (UT16). The utility owner grants and conveys, with warranty of title expressed or implied, to the Commission, the right to construct, reconstruct, and maintain a highway over and across that portion of the easement owned and held by the utility owner. In the future, the utility owner retains any reimbursable rights should future projects require adjustments to allow highway construction.&lt;br /&gt;
&lt;br /&gt;
==643.2.8 Cost Responsibility==&lt;br /&gt;
In addition to determining if a conflict exists between an existing utility facility and a highway improvement project, it is important to determine who is responsible for the costs of the necessary adjustments to allow highway construction. An adjustment for which the Commission is responsible for the costs is known as a reimbursable adjustment. An adjustment for which the Commission is not responsible for the costs is known as a non-reimbursable adjustment. An adjustment for which the Commission and the utility share responsibility for costs is known as a partially reimbursable adjustment. Adjustments determined to be reimbursable or partially reimbursable by the Commission are to be completed under the terms of an agreement executed between the utility owner and the Commission.&lt;br /&gt;
&lt;br /&gt;
===643.2.8.1 Commission Responsibility===&lt;br /&gt;
====643.2.8.1.1 Utility Facilities Located on Private Easements====&lt;br /&gt;
When the utility facility is located on a private easement within the new right of way to be acquired for a future project, the Commission is responsible for the cost of the necessary adjustments to allow highway construction. It may be possible that such easement does not have written easement rights. The Commission will honor this oral right provided acceptable documentation is provided by the utility owner to the district utilities staff. An [https://epg.modot.org/forms/general_files/DE/NonwrittenEasementRights_Example.docx example of acceptable documentation for not written easement rights] is available. Other forms of documentation will be considered on an individual basis.&lt;br /&gt;
&lt;br /&gt;
=====643.2.8.1.1.1 Future Moves=====&lt;br /&gt;
When the utility facility is located on a private easement, taken into the Commission’s right of way, the Commission may agree that any future moves of the same utility by Commission order may be made at the Commission’s cost. Documentation of this agreement is by an Easement for Highway Construction (UT16) agreement. If the Commission provides a substitute private easement, then the Commission will have future obligations consistent with the utility facility’s status in an easement.&lt;br /&gt;
&lt;br /&gt;
====643.2.8.1.2 Utility Facilities Located within Commission Right of Way====&lt;br /&gt;
When the utility facility is located within Commission right of way, but has prior land rights, the Commission is responsible for the cost of adjustments to allow highway construction. The utility owner is responsible for documenting to the satisfaction of the district utilities staff, the basis for the claim of prior land rights within Commission right of way. Time spent researching prior rights is considered coordination and is reimbursable.&lt;br /&gt;
&lt;br /&gt;
====643.2.8.1.3 City or County Utility Facilities on City or County Streets====&lt;br /&gt;
When roadway improvements are within the corporate limits of cities, towns, and villages, a municipal agreement is negotiated between the Commission and the municipality. Likewise, when roadway improvements are within the limits of a county and outside the municipal limits, a county agreement is negotiated between the Commission and the County Commission. Included in these agreements are provisions regarding reimbursement for adjusting city or county owned utility facilities. Reimbursement is provided for adjustment of city or county owned utility facilities that are now located on city or county streets and not on Commission right of way.&lt;br /&gt;
&lt;br /&gt;
====643.2.8.1.4 Lumen====&lt;br /&gt;
Lumen – National (formerly CenturyLink, Lightcore, or Digital Telephone, Inc. (DTI)) and the Commission have entered into a partnership agreement, “Amended and Restated Fiber Optic Cable on Freeways in Missouri,” executed June 5, 2003 which obligates the Commission to be responsible for the cost of the necessary adjustments to allow highway construction along the routes identified in the agreement. A copy of the agreement is available to district utilities staff.&lt;br /&gt;
&lt;br /&gt;
====643.2.8.1.5 Services to the Commission====&lt;br /&gt;
When a utility facility provides a service connection to local Commission facilities such as power to traffic signals, lighting, ITS, and cathodic protection and phone drops to traffic signal controllers or other Commission facilities, the Commission is responsible for the cost of the necessary adjustments to allow highway construction.&lt;br /&gt;
&lt;br /&gt;
====643.2.8.1.6 Private Service Lines====&lt;br /&gt;
While most utility owners reconnect the private service lines at no cost to the property owner, some do not. If a utility owner does not reconnect service lines, MoDOT can include adjustment of private service lines in roadway contracts. Bid items for relocating service connections are provided for the different types of anticipated adjustments.&lt;br /&gt;
&lt;br /&gt;
====643.2.8.1.7 Second Moves====&lt;br /&gt;
If the Commission requires additional work to a utility facility after the facility has been relocated or adjusted in accordance with a plan of adjustment approved by the Commission for a single project number, the Commission is responsible for the cost of the additional work regardless of whether the initial adjustment was Commission responsibility as outlined in other parts of [[643.2_Local_Utility_Adjustments_-_Public_and_Private#643.2.8.1_Federalizing_Funds_for_Preliminary_Engineering|643.2.8.1]].&lt;br /&gt;
&lt;br /&gt;
The purpose of the policy is to encourage utilities to relocate early rather than waiting until plans are published for bidding. The policy eliminates the utility having to relocate twice at its own expense because of late changes in the design. It is best to have utilities relocated prior to construction, and this policy helps achieve that goal. Therefore, it is imperative that the designer notifies district utilities staff as soon as possible of any changes made after these plans have been sent. If notified immediately, it may be possible to inform the utility owner prior to their final design thereby eliminating a second move.&lt;br /&gt;
&lt;br /&gt;
Under this policy, the following are not considered second moves. Temporary and staged relocations necessary to accommodate construction and agreed upon by the utility and the Commission prior to relocation are considered a single move and are not subject to the provisions of the second move policy. If the Commission requires adjustment of a utility facility for which the utility owner is responsible for the cost of the adjustment and was originally determined to not need adjustment, the utility owner is responsible for the cost of the adjustment. The utility owner is responsible for the cost of additional work to any portion of the utility facility after the utility facility has been adjusted in accordance with a plan of adjustment approved by the Commission if the additional work is required by the Commission due to error by the utility owner in preparation of plan of adjustment, field location of, or construction of the adjustment of the utility facility.&lt;br /&gt;
&lt;br /&gt;
When evaluating construction contract changes by change order or value engineering, the impacts of the second move policy should be considered.&lt;br /&gt;
&lt;br /&gt;
===643.2.8.2 Utility Owner Responsibility===&lt;br /&gt;
====643.2.8.2.1 Utility Facilities Owned and Operated by a Political Subdivision====&lt;br /&gt;
When a utility facility is located within Commission right of way, but does not have prior land rights, the utility owner is responsible for the cost of the necessary adjustments to allow highway construction. When a utility facility is located on public right of way other than Commission right of way, the utility owner is responsible for the cost of the necessary adjustments to allow highway construction.&lt;br /&gt;
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When a political subdivision must bear part or all the cost of adjustments to their utility facilities, and the cost creates a financial hardship, the Commission, by its authorized representative, the Chief Engineer, may temporarily assume these costs. A payback agreement with the political subdivision will include an applicable interest rate for a comparable maturity from a widely published index of tax-exempt municipal rates obtained from Financial Services. Payback time will not exceed five (5) years.&lt;br /&gt;
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====643.2.8.2.2 Utility Facilities Other Than Those Owned by a Political Subdivision====&lt;br /&gt;
When a utility facility is on the right of way of a public road or street or on state highway right of way without prior land rights and adjustment is necessary to allow for the construction of a roadway improvement, the utility owner is responsible for the cost of the necessary adjustments to allow highway construction.&lt;br /&gt;
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===643.2.8.3 Shared Responsibility===&lt;br /&gt;
When a utility facility is located such that portions of it are a Commission responsibility and portions of it are a utility owner responsibility by the definitions above, the costs of the necessary adjustments to allow highway construction will be split by the Commission and the utility owner. If the exact cost for each party can be determined, each party will be responsible for their portion of the cost of relocating the utility facility. If the exact cost for each party cannot be determined, the parties will arrive at a percentage reimbursement on an equitable basis.&lt;br /&gt;
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===643.2.8.4 Notice of Hearing===&lt;br /&gt;
When relocation or other difficulties with utility facilities on public right of way arise that prevent resolution by negotiation, formal hearings will be required.&lt;br /&gt;
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The district initiates a request for a utility relocation hearing with a letter to the Chief Counsel’s Office (CCO) (a copy is provided to the Design Division) requesting a hearing date. CCO will arrange for a hearing room, court reporter, etc. and advise the district of the hearing date.&lt;br /&gt;
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The district will prepare the notice of hearing by strictly following the given format and serve the notice on all persons and utility owners listed. The property and utility owner must be served only by personal service or by mailing a certified letter, return receipt requested, no later than 15 days before the date of hearing. This will require the district to make every effort to identify the correct property owner before preparing the notice of hearing. To avoid delays, every attempt will be made to issue the hearing notice at least 30 days prior to the hearing date in case any property has changed ownership and any additional property owners must be served. A notice of hearing on service line connections will also be served on the private or public owner of the main or distribution line to which the service lines are connected. A notarized &amp;quot;[https://epg.modot.org/forms/general_files/DE/ReportOnPersonalService.docx Report of Personal Service]&amp;quot; will be completed when notification by certified mail is not used.&lt;br /&gt;
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One copy of the hearing notice and attachments, &amp;quot;[https://epg.modot.org/forms/general_files/DE/ReportOnPersonalService.docx Report of Personal Service]&amp;quot; and certified mail notices are to be submitted to CCO after notification is complete.&lt;br /&gt;
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Prior to the hearing, the district&#039;s representative will become familiar with the details of the utility adjustment in order to provide concise testimony to expedite the hearing process. CCO will assign an attorney to work with the district and present the case.&lt;br /&gt;
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Refer to 7 CSR 10-3.030 020 Utility Relocation Hearings for additional information.&lt;br /&gt;
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A Waiver of Hearing should be obtained for non-reimbursable adjustments to document the commitment of the utility owner to adjust its utility facilities without adversely impacting the highway construction project. This may be accomplished informally via written communications between the district utilities staff and the utility owner’s representative. A [https://epg.modot.org/forms/general_files/DE/WaiverOfHearingForm.docx formal Waiver of Hearing statement] may be requested by either MoDOT or the utility owner. A [https://epg.modot.org/forms/general_files/DE/WaiverOfHearingLetter.docx sample transmittal letter for the Waiver of Hearing] is available. For reimbursable or partially reimbursable adjustments, the formal agreement serves as the basis of documentation of this commitment.&lt;br /&gt;
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==643.2.9 Estimates==&lt;br /&gt;
District utilities staff will negotiate with utility owners to determine reimbursable costs of the necessary adjustments to allow highway construction ([[#643.2.8_Cost_Responsibility|EPG 643.2.8 Cost Responsibility]]). These estimates are prepared in accordance with the provisions of 23 CFR 645 and any amendment thereto. These estimates must reflect the same procedures and costs used by the utility owners in their normal operations and must also accurately represent the expected costs of the work. The utility owner’s estimate will be reviewed by the district utilities staff to ensure compliance with 23 CFR 645.&lt;br /&gt;
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===643.2.9.1 Independent Cost Estimate===&lt;br /&gt;
The independent cost estimate provides the basis for district utilities staff to review the utility owner’s estimate of costs of the necessary utility adjustments to allow highway construction and any subsequent negotiations with the utility owner. The district utilities staff should prepare an independent cost estimate. The independent cost estimate may be based on unit prices of anticipated items of work in a utility adjustment necessary to allow highway construction. The independent cost estimate alternately may be based on recent similar types of utility adjustments necessary to allow highway construction and scaled for size. Consultants can be used to develop the independent cost estimate. All documentation of the independent cost estimate should be placed in MoProjects.&lt;br /&gt;
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===643.2.9.2 Type of Project Cost Estimates===&lt;br /&gt;
Either Actual Cost or Lump Sum estimates may be used for estimating the costs on the necessary utility adjustments to allow highway construction. If an Actual Cost estimate is used, detailed records of materials, labor, and equipment are made by district utilities and/or construction staff during construction, and a final audit of the utility owner’s cost records is made to determine the Commission’s actual responsibility for costs of the adjustment completed to allow highway construction. If a Lump Sum estimate is used, a final audit of costs for an adjustment in payment is not required. The Actual Cost method requires more detailed record keeping and documentation by the utility owner and district staff during construction. The Lump Sum method requires more upfront detail and work by the utility owner and judgment on the district utilities staff on the acceptability of the cost. The district utilities staff will work with the utility owner’s representative to determine the best type of estimate and therefore agreement to use.&lt;br /&gt;
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====643.2.9.2.1 Actual Cost Estimate====&lt;br /&gt;
The cost estimate that supports the actual cost agreement is prepared in sufficient detail to determine the reasonable expected cost of the work to support development of an agreement between the utility owner and the Commission. However, reimbursement is based on the actual costs of design and construction of the necessary adjustment to allow highway construction. The [https://epg.modot.org/forms/general_files/DE/ActualCostCostEstimate_Example.docx actual cost estimate] should detail all costs of the necessary adjustment to allow highway construction, even if the Commission is only responsible for a portion of the costs as detailed in EPG [[#643.2.8.3_Shared_Responsibility|643.2.8.3 Shared Responsibility]].&lt;br /&gt;
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[https://epg.modot.org/forms/general_files/DE/ActualCostCostEstimate_Example.docx Actual cost estimates] can be used for any dollar amount of reimbursement.&lt;br /&gt;
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====643.2.9.2.2 Lump Sum Estimates====&lt;br /&gt;
The cost estimate that supports the lump sum agreement must be accurate, comprehensive, verifiable, and in sufficient detail to present a clear picture of the work involved and the cost of the individual items. The estimate may cover only that portion of the adjustment for which the Commission is responsible for the costs of the necessary utility adjustments to allow highway construction.&lt;br /&gt;
[https://epg.modot.org/forms/general_files/DE/LumpSumCostEstimate_Example.docx Lump sum estimates] are limited to a maximum of $200,000 of Commission responsibility of costs of the necessary utility adjustments to allow highway construction; however, exceptions may be made for special situations that have prior approval from Design Division. These exceptions usually cover major relocations for which the Commission&#039;s proportionate responsibility is extremely small.&lt;br /&gt;
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===643.2.9.3 Utility Cost Estimate Requirements===&lt;br /&gt;
Whether using an Actual Cost or Lump Sum estimate, the following should be included in the estimate, if applicable. If any of the following sections are not included in the estimate, a qualifying statement as to why the costs were not included should be provided.&lt;br /&gt;
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====643.2.9.3.1 Scope of Work====&lt;br /&gt;
All estimates require a concise summary of the work to be performed on the estimate. An example is &amp;quot;an estimate of cost covering the work of relocating Company&#039;s 12-inch Cushing-Woodriver pipeline to accommodate construction of Route 47 in Franklin County on Job No. J6P0172&amp;quot;.&lt;br /&gt;
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====643.2.9.3.2 Engineering Costs====&lt;br /&gt;
Costs of engineering, whether preliminary or construction, must be shown as separate items and are not to be included with &amp;quot;labor costs&amp;quot;. Concurrent cost accounting procedures of FHWA and MoDOT make this a necessity. See [[#643.2.6_Preliminary_Engineering_Requirements|EPG 643.2.6 Preliminary Engineering]] and [[#643.2.16.2_Construction_Contract_Requirements|EPG 643.2.16.2 Construction Contract Requirements]] for further information.&lt;br /&gt;
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====643.2.9.3.3 Right of Way Costs====&lt;br /&gt;
A detailed estimate of the cost to acquire replacement easements by the utility owner is required. The cost should be supported by a right of way plan.&lt;br /&gt;
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====643.2.9.3.4 Material Costs====&lt;br /&gt;
Quantities, description of the item, the unit cost, and the extended totals are shown. Percentage computations will be shown immediately following &amp;quot;total cost&amp;quot; so the utility owner’s and Commission&#039;s cost obligations are properly indicated. Unit assembly costs similar to those used by several of the rural electric association (R.E.A.) cooperatives are acceptable, provided the same units and charges are used in the utility owner’s regular operations. A handling charge conforming with the utility owner’s regular procedures may also be included.&lt;br /&gt;
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====643.2.9.3.5 Labor Costs====&lt;br /&gt;
Hours, individual or crew rates, and extended totals are shown. Payroll additives such as insurance, retirement, social security, vacation, and other benefits are shown as a separate item under this heading in accordance with utility owner’s regular procedures. Adequate explanation must be given for total percentage used, especially in those cases where materials and labor are combined as unit costs or where labor percentages include additives and equipment requirements.&lt;br /&gt;
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====643.2.9.3.6 Equipment Costs====&lt;br /&gt;
A description of the equipment to be used must be shown jointly with the number of hours to be charged. Rates charged for equipment usage must be justified by the utility owner’s established accounting procedures. When the utility owner does not have an established accounting procedure or a capitalization and depreciation schedule that is used in its own operations, the rates are to be established by using rental rate publications as a guide. A reasonable amount will be deducted, when using rental rate schedules, for profit that the rental company realizes. A full explanation of the methods used in establishing the rates must also be submitted to support the utility owner’s request and with approval of the district utilities staff.&lt;br /&gt;
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Equipment may be rented when the utility owner’s equipment is not available or is inadequate, with the rental rate justified by appropriate solicitation of bids. See [[#643.2.16.2_Construction_Contract_Requirements|EPG 643.16.2 Construction Contract Requirements]] for further information.&lt;br /&gt;
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Unusual accounting procedures may be accepted with adequate prior explanations and approval of the Design Division.&lt;br /&gt;
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====643.2.9.3.7 Removal Costs====&lt;br /&gt;
These costs are estimated and shown in a similar method but separately from installation costs. When removal costs exceed salvage credits by more than the estimated cost of removal by the roadway contractor, an effort should be made to persuade the utility owner to abandon the utility facilities in place. An exception is made when the utility owner is required to remove abandoned utility facilities because of liability, hazard, or by specific agreement with the Commission. Abandoned utility facilities can be included with the miscellaneous removals in the roadway contract. It may be possible for the utility owner to remove those portions of the utility facility for which credits will exceed removal costs, with the remainder of the utility facility to be abandoned for removal in the roadway contract. Materials removed must be itemized, with the utility owner’s customary salvage credit given. Items to be scrapped or junked should be indicated. Whenever a utility facility or portion thereof is shown to be abandoned on the plan of adjustment, the roadway plans should be notated accordingly. This eliminates ownership problems if these utility facilities are removed or salvaged by the roadway contractor.&lt;br /&gt;
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When the utility facility is no longer needed and removal is necessary to accommodate the roadway project, the removal of the item may be handled either as a right-of way-item or a utility adjustment. When handled as a right of way item, the damages allowed are to equal the depreciated value of the utility facility, with the necessary removals being accomplished by the roadway contractor. If accomplished as a utility adjustment, the Commission, by utility agreement, will reimburse the utility owner for removal costs and receive salvage credit for the material removed, up to but not exceeding removal costs.&lt;br /&gt;
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====643.2.9.3.8 Salvage of Removed Materials====&lt;br /&gt;
This statement, to explain the salvage credit or lack of credit, will reflect routine utility owner policy as well as the particular situation. The utility owner will place a value on any recovered material for salvage. District utilities staff should check this value for reasonableness. Examples of salvage statements include:&lt;br /&gt;
* Existing utility facilities to be abandoned in place, since the cost of salvaging, based on our past experience, will exceed their value.&lt;br /&gt;
* Only those items will be salvaged for which salvage credit will exceed the cost of removal and salvage.&lt;br /&gt;
* Company liability requires removal of the retired utility facilities, even though the cost of removal will exceed allowable credit for salvage.&lt;br /&gt;
* Salvage credits are in accordance with established company accounting procedures.&lt;br /&gt;
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====643.2.9.3.9 Accrued Depreciation Credits====&lt;br /&gt;
Credit is required for the accrued depreciation of a utility facility that is being replaced. Examples are a building, structure, pumping station, filtration plant, power plant, substation, or other similar operational unit. Credit for accrued depreciation will not be required for a segment of the utility&#039;s service, distribution, or transmission lines. It is also not required when the building or structure is being moved as necessitated by the highway project. Acceptable accrued depreciation credit will be determined by using the following formula:&lt;br /&gt;
:&amp;lt;math&amp;gt;\frac{Actual \; Length \; of \; Service \; of \; Replaced \; Facility \; (Years)}{Total \; Estimated \;  Service \; Life \; of \; Replaced \; Facility \; (Years)} \times Original \; Cost \; (\$) = Credit&amp;lt;/math&amp;gt;&lt;br /&gt;
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====643.2.9.3.10 Betterment Credits====&lt;br /&gt;
Betterment means the upgrading of the utility facility being relocated, made solely for the benefit of and at the election of the utility owner and is not attributable to the roadway improvement. Credit to the Commission is required for the additional costs incurred for the betterments introduced in the adjusted utility facility. No betterment credit is required for additions or improvements which are:&lt;br /&gt;
* Required by the highway project&lt;br /&gt;
* Replacement devices or materials that are of equivalent standards although not identical&lt;br /&gt;
* Replacement of devices or materials no longer regularly manufactured with next highest grade or size&lt;br /&gt;
* Required by law under governmental and appropriate regulatory commission code&lt;br /&gt;
* Required by current design practices regularly followed by the utility owner in its own work, and there is a direct benefit to the highway project&lt;br /&gt;
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====643.2.9.3.11 Overhead Costs====&lt;br /&gt;
Overhead costs are usually a percentage of the total labor cost. This item must be in accordance with the utility owner’s established accounting procedures, which in some cases may include handling costs or be a percentage of the total cost of the work involved. Additional attention to overhead costs is required when the rate is different from previously accepted rates. Occasionally, it can be difficult to obtain the necessary information at the time of the estimate to approve the overhead rates. In this situation, the estimate can be approved with exception of the overhead rates for payment. The utility owner is informed of this matter with the understanding that the overhead rates could be approved and paid with submission of appropriate supporting data and Financial Services audit review.&lt;br /&gt;
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====643.2.9.3.12 Prorating Costs====&lt;br /&gt;
The need for prorating utility adjustment costs occurs when both the Commission and the utility owner are responsible for a portion of the utility adjustment necessary to allow for highway construction, and the actual costs for reimbursement in each category cannot be explicitly determined. Generally, the following conditions require division of costs:&lt;br /&gt;
* The adjustment is considered partially reimbursable per [[#643.2.8.3_Shared_Responsibility|EPG 643.2.8.3 Shared Responsibility]]&lt;br /&gt;
* Betterments are included in the necessary adjustment of the utility facility&lt;br /&gt;
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The district utilities staff should negotiate with the utility owner’s representative to determine an equitable basis for the prorating of costs based on the characteristics of the utility adjustment necessary to allow for highway construction.&lt;br /&gt;
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====643.2.9.3.13 Costs Records====&lt;br /&gt;
The estimate should include a statement as to where the utility owner’s cost records may be reviewed. An example: &amp;quot;Company cost records will be available in our office at 2134 Industrial Avenue, Tulsa, Oklahoma&amp;quot;.&lt;br /&gt;
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====643.2.9.3.14 Other====&lt;br /&gt;
Additional statements will explain or further clarify the work that is included. Such other items may include bypasses, special equipment, need for larger utility facilities, etc.&lt;br /&gt;
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==643.2.10 Schedule==&lt;br /&gt;
Timely adjustments of utility facilities are essential for efficient completion of highway construction projects. Ideally, all utility adjustments are completed prior to a project’s Plans, Specifications, and Estimate (PS&amp;amp;E) submittal to Central Office. Depending on the specifics of the highway construction and utility adjustment necessary, early completion of the utility adjustment may not be practical. The district utilities staff should negotiate with the utility owner to determine the schedule parameters necessary for the utility adjustment. At a minimum, the utility owner should document the dates it anticipates starting and completing the work. If a utility adjustment depends upon the completion of a portion of the highway construction, the necessary milestone for starting the utility adjustment should be documented along with an anticipated number of working days to complete the utility adjustment. The schedule is included as Exhibit “C” to the agreement.&lt;br /&gt;
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==643.2.11 Pre-Audits==&lt;br /&gt;
The district utility staff performs a pre-audit review and approval prior to preparation of the agreement. A [https://epg.modot.org/forms/general_files/DE/PreAuditChecklist.docx pre-audit checklist] should be completed and saved in MoProjects.&lt;br /&gt;
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==643.2.12 Utility Agreements==&lt;br /&gt;
Whenever the Commission is responsible for the cost of the necessary adjustments to allow highway construction, an agreement is required. If a Master Reimbursable Utility Agreement (see [[#643.2.12.2_Master_Reimbursable_Utility_Agreements|EPG 643.2.12.2]]) has not been executed with the utility owner, a Project Specific Agreement (see [[#643.2.12.3_Project_Specific_Agreements|EPG 643.2.12.3]]) is executed between the utility owner and the Commission. In some cases, it may be more practical for the Commission to include adjustment of utilities into a Commission administered contract. A Utility Agreement - Actual Cost (For Utility Work That is to be Included in the Missouri Highways and Transportation Commission&#039;s Road Project) (see [[#643.2.12.4_Agreement_for_Utility_Work_Included_in_Roadway_Improvement_Project|EPG 643.2.12.4]]). Agreements include a plan of adjustment (Exhibit “A”), cost estimate (Exhibit “B”), and schedule (Exhibit “C”).&lt;br /&gt;
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The Utility Agreement boilerplate forms have been approved by the Chief Counsel’s Office (CCO). They are identified in the upper left-hand corner of each agreement by an identifier such as CCO Form: UT01 for the Master Reimbursable Utility Agreement. CCO updates these agreements as necessary. They serve as a guide in the preparation of the agreement to be executed with the utility owner for the adjustments required to their utility facilities to accommodate the proposed roadway improvement project. District utilities staff should use the latest version of the agreement found in [https://netprod3.dot.missouri/eAgreements/Search/QuickSearch eAgreements] in drafting an agreement with utility owners. A list of utility agreements and detailed information concerning the sequence for preparing and executing an agreement is available in EPG [[:Category:153_Agreements_and_Contracts|153 Agreements and Contracts]].&lt;br /&gt;
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These forms are to be used word for word. Revisions or additions are only made to address specific project details. The intent of each paragraph must be retained, although specific words may be revised to fit the particular situation. No paragraphs are deleted without prior approval from CCO. For guidance on acceptance of liability, refer to the [[:Category:153_Agreements_and_Contracts#153.1.1.2_Acceptance_of_Liability_Policy_(MoDOT_Access_Only)|Acceptance of Liability Policy]] at the CCO SharePoint page. Drafts of agreements having major revisions or complications are to be submitted, with supporting data, to Design Division for comment and approval.&lt;br /&gt;
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A reference to 23 CFR 645 is included in all agreements. Utility owners must be acquainted with these requirements and procedures. The incorporation of 23 CFR 645 by reference in all agreements eliminates the need for a second set of regulations to be included in the document.&lt;br /&gt;
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The agreement for the adjustment of a utility is prepared by the district utilities staff and submitted to the utility owner for execution. The agreement is based on the plan, estimate of cost which was prepared in accordance with 23 CFR 645, and schedule. Authorized individuals representing the utility owner will execute the agreement. The agreement must be signed, sealed, and if necessary, notarized by the utility owner. If the utility owner does not have or use a corporate seal, write &amp;quot;NO SEAL&amp;quot; under the signatures of the owner’s officers. Agreements with political subdivisions are to be supported by an appropriate ordinance, a copy of which is to be submitted with the executed agreements. All copies will be forwarded to the CCO for further handling. A fully executed copy of the agreement will be retained in eAgreements. If the agreement was executed using electronic signatures, the district utilities staff should forward an electronic copy of the fully executed agreement to the utility owner. If the agreement was executed using wet signatures, one (1) paper copy of the fully executed agreement will be returned by the Commission Secretary’s Office to the district utilities staff. The district utilities staff will forward this copy to the utility owner.&lt;br /&gt;
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===643.2.12.1 Buy America Build America Requirements===&lt;br /&gt;
All agreements contain information on Buy America Build America (BABA) compliance. The utility owner should select the method of certification (See [[#643.2.19_Buy_America_Build_America_for_Utilities|EPG 643.2.19]]) at the time of agreement completion. The appropriate paragraph will be inserted into the agreement. All BABA compliance documents must be retained by the utility owner and made available upon request at no cost to the Commission and/or FHWA.&lt;br /&gt;
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====643.2.12.1.1 Utility Owner Self-Certification====&lt;br /&gt;
The City/Company certifies that when determining products/materials subject to Buy America Build America requirements to use in the performance of this Agreement, it shall use only such products/materials for which it has received a certification from its supplier, or provider of construction services that procures the product/material, certifying compliance with Buy America Build America requirements. This does not include products/materials for which waivers have been granted pursuant to 23 CFR 635.410. The City/Company will not be required to provide the Commission copies of the supplier certification as part of this Agreement or with the final invoice of said Commission’s Federal-Aid Highway Construction Project.&lt;br /&gt;
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====643.2.12.1.2 Vendor/Manufacturer Certification====&lt;br /&gt;
The City/Company certifies that when determining products/materials subject to Buy America Build America requirements to use in the performance of this Agreement, it shall use only such products/materials for which it has received a certification from its supplier, or provider of construction services that procures the product/material, certifying compliance with Buy America Build America requirements. This does not include products/materials for which waivers have been granted pursuant to 23 CFR 635.410. The City/Company shall provide to the Commission all Buy America compliance documents as outlined in the Commission’s Engineering Policy Guide 643. All required compliance documents shall accompany the final invoice submitted to the Commission.&lt;br /&gt;
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===643.2.12.2 Master Reimbursable Utility Agreements===&lt;br /&gt;
The UT01: Master Reimbursable Utility Agreement (MRUA) is a statewide agreement that has been executed by the utility owner and the Commission for all future reimbursable utility adjustments between both parties. Once a MRUA is executed, no other utility agreements are required on design-bid-build projects. The district utilities staff should encourage utility owners to enter into a MRUA with the Commission to reduce potential future delays in executing a project specific agreement. A list of previously executed [https://modotgov.sharepoint.com/sites/DE/Utilities/Agreements/MRUA%20-%20Existing?csf=1&amp;amp;web=1&amp;amp;e=4LJHoa Master Reimbursable Utility Agreements (Modot Access Only)] is available. District utilities staff should add newly executed agreements to this list. The MRUA can be employed as either an actual cost ([[#643.2.12.3.1_Actual_Cost_Agreements|EPG 643.2.12.3.1]]) or lump sum ([[#643.2.12.3.2_Lump_Sum_Agreements|EPG 643.2.12.3.2]]) agreement. When the reimbursable adjustment will utilize a MRUA, the district utilities staff will prepare a MRUA correspondence letter (“letter agreement”) referencing the executed MRUA. A copy of the MRUA correspondence letter should be saved in MoProjects for reference by Financial Services, the district construction office, and the district staff responsible for inspection of utility adjustments. All project specific items such as type of agreement (actual cost or lump sum), plan of adjustment, estimated total cost, cost allocation, and schedule are addressed in the MRUA correspondence letter from the district utilities staff to the utility owner. A flowchart of the MRUA process is available.&lt;br /&gt;
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===643.2.12.3 Project Specific Agreements===&lt;br /&gt;
If a utility owner does not have a MRUA with the Commission, a project specific agreement will be required for every project for which the Commission is responsible for the necessary adjustments to allow highway construction. The project specific agreement will be either an actual cost ([[#643.2.12.3.1_Actual_Cost_Agreements|EPG 643.2.12.3.1]]) or lump sum ([[#643.2.12.3.2_Lump_Sum_Agreements|EPG 643.2.12.3.2]]) agreement.&lt;br /&gt;
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====643.2.12.3.1 Actual Cost Agreements====&lt;br /&gt;
The UT03: Utility Agreement – Actual Cost is used when detailed estimates are not practical or costs appear to be questionable. Details on actual cost estimates can be found at [[#643.2.12.3.1_Actual_Cost_Agreements|EPG 643.2.9.2.1 Actual Cost Estimates]]. Once the final invoice on a UT03 is submitted to Financial Services, district utilities staff should change the status on the agreement in eAgreements to completed.&lt;br /&gt;
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====643.2.12.3.2 Lump Sum Agreements====&lt;br /&gt;
The UT02: Utility Agreement – Lump Sum eliminates the need for keeping detailed records of cost and the auditing of cost records. Estimates of cost must be prepared in detail for use of this agreement. When detailed estimates are not practical or costs appear unreasonable, actual cost agreements are to be used. Use of special forms of agreements, such as &amp;quot;subordination agreements&amp;quot;, which are desired by certain utility owners, is acceptable. These, too, must be revised to cover the particular situation. Details on lump sum estimates can be found at [[#643.2.9.2.2_Lump_Sum_Estimates|EPG 643.2.9.2.2 Lump Sum Estimates]]. Once the final invoice on a UT02 is submitted to Financial Services, district utilities staff should change the status on the agreement in eAgreements to “completed”.&lt;br /&gt;
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===643.2.12.4 Agreement for Utility Work Included in Roadway Improvement Project===&lt;br /&gt;
The UT04: Utility Agreement - Actual Cost (For Utility Work That is to be Included in the Missouri Highways and Transportation Commission&#039;s Road Project) allows for the adjustment to be based on actual cost with the roadway contractor performing the utility work. Caution should be exercised in the type of utilities to be relocated in roadway contracts. Utilities recommended are waterlines and sewer lines. Other utilities, such as gas lines, communication lines, and power lines are to be studied thoroughly before being included in the project.&lt;br /&gt;
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The Transportation Project Manager and district utilities staff must plan ahead to get this work in the roadway contract. The utility owner must agree to include the utility adjustment in the roadway contract. The adjustment may be on highway right of way or on private easement in the name of the utility owner. The utility owner can agree to allow MoDOT’s contractor to work in its easement. However, district utilities staff in consultation with district right of way staff should review the easement documentation to verify the utility owner’s rights to the easement and any limitations on its use. MoDOT’s contractor can work and operate on both Commission right of way and on the utility easement, even when not directly connected to the Commission right of way, as part of the job site. Temporary construction easements may be necessary in addition to the utility easement to ensure adequate working room for the contractor.&lt;br /&gt;
&lt;br /&gt;
:The utility owner may request exemption to any liability for negligence of our contractor working on their easement. The Commission can assume that liability (refer to [[:Category:153_Agreements_and_Contracts#153.1.1.2_Acceptance_of_Liability_Policy_(MoDOT_Access_Only)|Acceptance of Liability Policy]]), but it should be included in the utility agreement if so desired by the utility owner. A Job Special Provision is necessary to require the MoDOT contractor to hold the utility harmless from all claims due to contractor negligence.&lt;br /&gt;
&lt;br /&gt;
Subsurface information, i.e. boring data, etc., should be obtained by the utility owner since it may be needed for the design of the utility adjustment. This information should be included in the plans. If the utility owner must bear all or part of the cost of the adjustment, the utility owner must agree to pay a pre-deposit to the Commission prior to opening bids on the project. This should be in the utility agreement. The pre-deposit will be credited to the &amp;quot;Missouri Highway and Transportation Commission - Local Fund.&amp;quot; Any interest earned in the fund will apply to the cost of the adjustments. The utility agreement will include language that the utility will inspect the installation and assume maintenance of the utility facility after construction. MoDOT will also provide engineering supervision to be sure the road contractor is in compliance with the contract. Utility plans and specifications are to be approved by the owner prior to submittal to the Central Office. The following items will provide minimum information to allow MoDOT’s contractor to bid the work.&lt;br /&gt;
# Individual bid items (not &amp;quot;lump sum&amp;quot;) should be established to promote better bidding and to handle overruns and underruns. Bid items not included on the Computer Stored Bid Item list should be &amp;quot;99&amp;quot; numbers.&lt;br /&gt;
# he bid package must be in our letting format. If the package was prepared by a consultant as if the utility owner were going to let it, all bid bond or bidding procedures must be screened to remove requirements contrary to MoDOT letting requirements. District utilities staff should work with the Transportation Project Manager, Design Liaison Engineer, and Central Office Bidding and Contract Services to ensure this requirement is met.&lt;br /&gt;
# The specifications required by the utility owner should be reviewed for items that could cause a bid problem for our contractor. Items such as non-readily available materials or sizes should be avoided.&lt;br /&gt;
# Utility plan sheets should be .pdf files equivalent to 22 in. x 34 in. It is helpful to have a quantity sheet specifically for utility items.&lt;br /&gt;
# Any special procedures required for the utility installation should be included in the Job Special Provisions.&lt;br /&gt;
# The utility package should be submitted on-time to Central Office with other project plans.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.5 Agreement for a Utility Only Project===&lt;br /&gt;
Any of the above agreements can be modified for a utility only project separate from the roadway project. The utility only project may be done by forces hired by the utility owner or by the Commission. A separate utility only project has distinct advantages when the following occurs:&lt;br /&gt;
* The utility work is extensive&lt;br /&gt;
* It must be performed in accordance with the utility owner’s seasonal requirements&lt;br /&gt;
* It extends beyond the limits of the construction project&lt;br /&gt;
* It must be performed considerably in advance of the roadway contract&lt;br /&gt;
&lt;br /&gt;
Necessary environmental and design work is still required for the limits of the separate utility only project. It may be necessary in these cases to have a second agreement with the utility owner to cover any other work that must be performed concurrently with the roadway contract. These latter agreements will use the roadway construction job number. Early need for utility projects is to be determined at the time when the STIP is updated each year. The utility construction funds will be shown in the year right of way funds are assigned. This will be done whenever possible to secure early adjustment of utility facilities. A request by the district is sent to the Planning Division. Estimated dollar amounts for utility adjustments are needed. These are estimates and do not need to be extremely accurate. When a special utility project is established, it is preferred, if at all possible, to include all the utility adjustments necessary for the entire roadway project. If funds are available, additional agreements can be added to this utility project until the final invoice for the first completed agreement is received for payment.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.6 Supplemental Agreements===&lt;br /&gt;
For utility owners with a UT01 agreement, a supplemental letter agreement documenting the change in the scope or cost of the work is acceptable.&lt;br /&gt;
&lt;br /&gt;
The UT05: First Supplemental Agreement is used to document changes to UT02 and UT03 agreements. If changes to the scope of work occur that are anticipated to exceed $100,000 or 15% of the original agreement, a UT05 is required. If the final invoice on an actual cost adjustment without changes in the scope of work exceeds the limits shown in the table below, a UT05 is required.&lt;br /&gt;
&lt;br /&gt;
{| class=&amp;quot;wikitable&amp;quot; style=&amp;quot;margin-left: 25px; text-align:center&amp;quot;&lt;br /&gt;
! Amount in Original Actual Agreement !! Final Bill Total Exceeds Original Amount by:&lt;br /&gt;
|-&lt;br /&gt;
| 0-$25,000 || 50%&lt;br /&gt;
|-&lt;br /&gt;
| $25,000-$100,000 || 40%&lt;br /&gt;
|-	&lt;br /&gt;
| Exceeds $100,000 || 30%&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
Should multiple UT05s be required with the same utility owner, the UT05 should be modified for additional supplemental agreements. Once the final invoice on an UT05 is submitted to Financial Services, district utilities staff should change the status on the agreement in eAgreements to “completed”.&lt;br /&gt;
&lt;br /&gt;
==643.2.13 Utility Adjustments in Roadway Plans and Job Special Provisions (JSPs)==&lt;br /&gt;
It is the responsibility of the MoDOT Transportation Project Manager (TPM) to ensure utility plans of adjustment are shown on the project plans at the Plan, Specification, and Estimate (PS&amp;amp;E) stage based upon information coordinated by the district utilities staff with the appropriate utility owner.&lt;br /&gt;
&lt;br /&gt;
===643.2.13.1 Plans===&lt;br /&gt;
A legend showing all applicable utility symbols and the names of the utility owners is shown on the first special utility sheet. In the absence of special utility sheets, this information may be shown on the title sheet or the first plan and profile sheet. The following note is required to be placed on the title sheet or the first plan and profile sheet and the first special utility sheet (if used) to inform contractors of the suitability of the utility information contained on the plans.&lt;br /&gt;
&lt;br /&gt;
&amp;quot;The existence and approximate location of utility facilities known to exist, as shown on the plans, are based on the best information available to the Commission at this time. This information is provided by the Commission &amp;quot;as-is&amp;quot; and the Commission expressly disclaims any representation or warranty as to the completeness, accuracy, or suitability of the information for any use. Reliance upon this information is done at the risk and peril of the user, and the Commission shall not be liable for any damages that may arise from any error in the information&amp;quot;.&lt;br /&gt;
&lt;br /&gt;
===643.2.13.2 Job Special Provisions===&lt;br /&gt;
Since the addition of utility information on the plans, supplied by a third party, could subject the Missouri Highway and Transportation Commission to additional liability, a Utility JSP reflecting the status of utility adjustments will be required. The JSP will include the name, address, e-mail address, and telephone number of all utility owner representatives for all utility facilities located on the project. The anticipated adjustment completion date for each utility adjustment is also to be shown based on the agreed upon dates, durations, or completion dates with the utility owner’s representative. This information will inform the bidder of the status of utilities for proper work coordination that could affect the bids for the proposed highway construction project. Status notations will include general notations such as: “N/A”, “Work is in progress”, “Work has not started”, “Work is complete”, and “Work is included in contract.”&lt;br /&gt;
&lt;br /&gt;
===643.2.13.3 PS&amp;amp;E Submittal===&lt;br /&gt;
In the District Final Plans Submittal Checklist (D-12), the TPM should note any issues related to existing utility facilities or the adjustment of utility facilities either shown or not shown on the plans. Projects with “No Utility Impacts” such as some overlays, striping, bridge washing, etc. do not need a Utility Status Letter or Utility JSP. The D-12 is used for these projects. In the D-12, under Project Details – “Utilities”, the note “NO” is selected and under “Status”, select “Clear”. For all other projects, the district utilities staff will write a Utility Status Letter. The TPM will include the Utility Status Letter with the submittal of the final plans to the Design Division. The Utility Status will be defined as:&lt;br /&gt;
# Utility facilities are present, but no conflict is anticipated with the highway construction project. Or,&lt;br /&gt;
# All utility facilities requiring adjustment to allow highway construction have been physically adjusted on the project. Or,&lt;br /&gt;
# Utility construction work is planned or active and will be completed to such a point that no impact will be expected to the highway construction project. The status of this work is defined in the utility JSP. Or,&lt;br /&gt;
# Utility facilities are not expected to be adjusted by the notice to proceed date for the road project, but the utility work will have no impact on the progress of the highway construction project. The status of this work is defined in the utility JSP. Or,&lt;br /&gt;
# Utility facilities must be adjusted after the road contractor completes stage construction or in coordination with the contractors’ work. Details of the coordination effort required of the contractor are defined in the utility JSP to properly advise bidders. Or,&lt;br /&gt;
&lt;br /&gt;
# Utility adjustment plans and specifications are included in the bid documents for the highway construction project. A UT04 agreement must be executed.&lt;br /&gt;
&lt;br /&gt;
==643.2.14 Payment to Utility Companies for Reimbursable Work==&lt;br /&gt;
Authorization and federal funding obligation must be approved prior to incurring costs. This applies to all types of work on utility facilities including preliminary engineering. An obligation is a commitment by the federal government to reimburse MoDOT for the federal share of a project’s eligible cost.&lt;br /&gt;
&lt;br /&gt;
===643.2.14.1 Obligation Process===&lt;br /&gt;
Federal funding can be used with both lump sum and actual cost agreements. After the utility agreement is fully executed, the district utilities staff will email a copy of the utility agreement or the letter agreement referencing the MRUA to the email group OBLIGATE. This email should request the authorization authority for use of federal funds and to be informed of a Notice to Proceed (NTP) (see [[#643.2.15_Notice_to_Proceed|EPG 643.2.15]]) date by Financial Services once federal funding has been obligated. District utilities staff should allow three (3) weeks to receive the NTP. Financial Services will use Advance Construction (AC) funding to fund reimbursement to utility owners. With AC funding, state funds initially are used to pay for reimbursement to utility owners. Once construction is complete, with appropriate documentation of the work via the [https://epg.modot.org/forms/general_files/DE/C-9.docx C-9] and [https://epg.modot.org/forms/general_files/DE/C-13.docx C-13], Financial Services will convert to federal funding.&lt;br /&gt;
&lt;br /&gt;
===643.2.14.2 Preliminary Engineering===&lt;br /&gt;
On occasion, preliminary engineering (PE) may need to be undertaken by the utility owner prior to the execution of a utility agreement. If a utility owner has a MRUA, an estimate of the cost of the PE work by the utility owner may be used to obligate funding for preliminary engineering under the MRUA as a PE only letter agreement. If a lump sum or actual cost agreement will be required with the utility owner for the project, district utilities staff should do two (2) agreements with one agreement covering PE only, and once a design for the adjustment is obtained, a second agreement for the construction of the adjustment should be executed. If a separate PE only agreement is obtained, NTP will need to be issued twice to the utility owner: once for PE and once for construction.&lt;br /&gt;
&lt;br /&gt;
===643.2.14.3 Right of Way===&lt;br /&gt;
Once Notice to Proceed has been given, the utility owner may begin the right of way acquisition process. If the utility owner needs to acquire right of way prior to a full agreement for relocation has been negotiated, the agreement specifically for the acquisition of right of way should be executed. This agreement will be sent to Financial Services to begin the obligation process.&lt;br /&gt;
&lt;br /&gt;
===643.2.14.4 Construction===&lt;br /&gt;
Payment to utility owners for construction of the adjustment may occur in a number of phases.&lt;br /&gt;
&lt;br /&gt;
====643.2.14.4.1 Prepayment====&lt;br /&gt;
Per the utility agreement, the Commission allows utility owners to be prepaid prior to commencing work. The district utilities staff may negotiate the prepayment if the utility owner is receptive. The utility owner will submit a request for prepayment with an invoice prior to any prepayment. Route, county, and job number must be included in the request. The district utilities staff will submit a request to Financial Services with a copy saved in MoProjects for future reference by the district staff responsible for inspection of the utility adjustment.&lt;br /&gt;
&lt;br /&gt;
====643.2.14.4.2 Progress Payments====&lt;br /&gt;
If a utility owner has not been prepaid the entire estimated amount in the utility agreement, then the utility owner may request progress payments after completing a portion of the proposed work, including PE.&lt;br /&gt;
&lt;br /&gt;
Progress payments for PE by consultants should not exceed the &amp;quot;maximum not to exceed amount&amp;quot; shown in the cost estimate unless additional costs are approved first by district utilities staff.&lt;br /&gt;
&lt;br /&gt;
For progress payments, the utility owner is required to submit only a summary of work and materials for which payment is claimed, not a detailed billing. District utilities staff should check only to be sure that sufficient work has been done to justify making the requested payment. Payment should be made for allowable costs incurred up to the date of the progress payment request.&lt;br /&gt;
&lt;br /&gt;
Progress payment invoices do not relieve the utility owner of the responsibility of submitting one complete and final invoice upon completion of the adjustment. The utility owner’s address must be shown on the invoice. The district utilities staff should submit progress payment invoices and applicable C-9s to Financial Services within one (1) week of receipt of invoice.&lt;br /&gt;
&lt;br /&gt;
One copy of the progress payment and one copy of the district utilities staff letter of recommendation must be sent to Financial Services for payment and be stored in MoProjects. The cover memo should include the project number, route, county, actual cost or lump sum utility agreement, Commission obligation percentage, total cost estimate of Commission obligation, and indicate the progress payment number, i.e., progress payment number 1, 2, 3, etc. If more than one progress payment is requested by the utility company, the district should submit progress payment bills to Financial Services in the following format:&lt;br /&gt;
{| class=&amp;quot;wikitable&amp;quot; style=&amp;quot;margin-left: 25px; text-align:center&amp;quot;&lt;br /&gt;
! Payment !! Amount&lt;br /&gt;
|-&lt;br /&gt;
| Progress Payment #1 || $50,000&lt;br /&gt;
|-&lt;br /&gt;
| Progress Payment #2 || 10,000&lt;br /&gt;
|-	&lt;br /&gt;
| Total Payment to Date || $60,000&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
This format will help clarify payment history with the utility owner. Progress payments for actual cost utility agreements may not exceed the Commission&#039;s total estimated cost shown in the agreement. However, if the request for a progress payment exceeds the original estimate, a change order with explanation should accompany the request. (See [[#643.2.16.5_Change_Orders|EPG 643.2.16.5 Change Orders]].)&lt;br /&gt;
&lt;br /&gt;
====643.2.14.4.3 Final Payment====&lt;br /&gt;
Utility owners are required to submit a detailed final invoice to MoDOT for all actual cost reimbursable utility work and for any lump sum reimbursable utility work that was not prepaid. For prepaid lump agreements, the utility owner must submit a zero-dollar ($0) invoice to demonstrate the work has been completed. After the utility work has been fully completed, the district utilities staff responsible for inspection should send the utility owner a “60 Day” [https://epg.modot.org/forms/general_files/DE/FinalInvoiceLetter.docx Final Acceptance Letter] requesting a complete final invoice within 60 days, as detailed in the utility agreement. If the final invoice is not received from the utility owner within 30 days, then a follow up letter should be sent (i.e., “30 Day” [https://epg.modot.org/forms/general_files/DE/FinalInvoiceReminderLetter.docx Reminder Final Invoice Letter]) reminding the utility owner of its obligation to submit a final invoice within 60 days of the completed work. If a final invoice from the utility owner is not received within this timeframe, then the district utilities staff should contact the Design Liaison Engineer for guidance on how to close out the work.&lt;br /&gt;
&lt;br /&gt;
The district utilities staff is expected to check the final bill within two (2) weeks after receipt in as much detail as possible against the C-9. It is their responsibility to verify from field records the quantities of labor, equipment, material used, material retired, and to justify all changes made. If the utility owner’s contractor made the adjustment at unit cost prices, then it is the district utility staff’s responsibility to verify the number of units completed and not the hours of labor and equipment. It is also important for the utility owner to show the words “final bill” or “final invoice” on the last bill, in order for MoDOT to understand that no additional charges will be made on the adjustment. The final bill must show a general description of the utility adjustment, the highway project number, the date on which work was completed or last item of billed expense was incurred, and the location where records can be audited. The order of items in the final statement should follow as closely as possible the order of items in the original estimate. A summary, on the utility owner’s letterhead, of the total cost of preliminary engineering, construction engineering, right of way, labor, overhead, construction travel expense, transportation, equipment, materials, supply, handling, and salvage credits should be shown in a way that will permit direct comparison with the approved estimate from the original or supplemental agreements (see [[#643.2.12.6_Supplemental_Agreements|EPG 643.2.12.6]]).&lt;br /&gt;
&lt;br /&gt;
If the Actual Cost final invoice shows a much higher cost than the original estimate without scope change, the utility owner is required to give reasons in a letter to the district utilities staff explaining why the invoice cost increased. When the Actual Cost final invoice exceeds the amount shown in the table in [[#643.2.12.6_Supplemental_Agreements|EPG 643.2.12.6]], a supplemental agreement is required.&lt;br /&gt;
&lt;br /&gt;
When the district utilities staff has determined that the final invoice is accurate, the C-13 should be completed. Once the C-13 is completed, the C-13 and the final invoice from the utility owner are forward to Financial Services. For Actual Cost agreements, the C-9s should also be included in this transmittal. If no additional payments are required, the district utilities staff should note this in the transmittal as well. If the final invoice indicates previous payments to a utility owner exceeded the final invoice, the utility owner will need to send MoDOT a check for the overpayment amount. The check should be made payable to Director of Revenue – Credit State Road Fund. If the utility owner did not send MoDOT an overpayment check with the final invoice, district utilities staff should send a letter to the utility owner requesting the refund amount. Submittal of the final invoice to Financial Services should not occur until repayment has been received. The submittal to Financial Services should note the receipt of the repayment check.&lt;br /&gt;
&lt;br /&gt;
==643.2.15 Notice to Proceed==&lt;br /&gt;
For PE only, once an agreement has been executed, and Financial Services has advised that authorization from FHWA has been received, district utilities staff will issue a notice to proceed (NTP) letter to the utility owner for the PE. For agreements that include PE and construction or once a final agreement for construction has been executed, right of way clearance has been issued, and Financial Services has advised that authorization from FHWA has been received, the district utilities staff will issue NTP to the utility owner for construction. See [https://epg.modot.org/forms/general_files/DE/NoticeToProceedExampleLetter.docx Example of Notice to Proceed Letter]. If salvage credit is part of the agreement with the utility owner, the NTP letter should include a statement that the utility owner will need to inform district utilities staff of the time and place that inspection may be made of the removed material. The utility owner may be held accountable for full value of materials disposed without proper notice. Utility owners may purchase materials prior to NTP for construction; however, no other work on the adjustment necessary to allow highway construction may begin prior to NTP for construction. The utility owner, for reasons of planning their workload or due to seasonal situations, may request early authorization to perform the work. This request, with the district utilities staff recommendations, is sent to the Design Liaison Engineer for further handling, approval, and advancement of the necessary funds. A copy of the NTP should be saved in MoProjects. If a utility owner begins adjustments prior to NTP for construction, district utilities staff should notify the utility owner immediately in writing that reimbursement will not be made for work done prior to NTP for construction.&lt;br /&gt;
&lt;br /&gt;
==643.2.16 Construction of Utility Adjustments==&lt;br /&gt;
===643.2.16.1 Utility Owner Self-Perform===&lt;br /&gt;
As per 23 CFR 645.115 Construction, it may be cost-effective for certain utility adjustments to be performed by a utility owner with its own internal forces and equipment, provided the utility owner is qualified to perform the work in a satisfactory manner. This cost-effectiveness finding covers minor work on the utility owner’s existing utility facilities routinely performed by the utility owner with its own forces.&lt;br /&gt;
&lt;br /&gt;
===643.2.16.2 Construction Contract Requirements===&lt;br /&gt;
When the utility owner is not adequately staffed and equipped to perform such work with its own forces and equipment at a time convenient to coordination with the associated highway construction, such work may be done one of four ways for utility adjustments:&lt;br /&gt;
# MoDOT can provide the construction services, via awarded contract to the lowest qualified bidder based on appropriate solicitation. This can be done by including the adjustment work in the roadway improvement project ([[#643.2.14_Payment_to_Utility_Companies_for_Reimbursable_Work|EPG 643.2.12.4 Utility Agreement for Utility Work Included in Roadway Improvement Project]]) or by having a utility only project ([[#643.2.12.5_Agreement_for_a_Utility_Only_Project|EPG 643.2.12.5 Utility Only Project]]).&lt;br /&gt;
# The utility owner can award a construction contract to the lowest qualified bidder based on appropriate solicitation.&lt;br /&gt;
# The utility owner can utilize an existing continuing contract, provided the costs are reasonable (see [[#643.2.9.1_Independent_Cost_Estimate|EPG 643.2.9.1 Independent Cost Estimate]]).&lt;br /&gt;
# The utility owner can contract for low-cost incidental work, such as tree trimming and the like, without competitive bidding, provided the costs are reasonable (see [[#643.2.9.1_Independent_Cost_Estimate|EPG 643.2.9.1 Independent Cost Estimate]]).&lt;br /&gt;
&lt;br /&gt;
When a utility owner chooses option 2 to award its own new construction contract, the utility owner must provide the following documents and information to the district utilities staff. These documents need to be provided as soon as the utility owner has chosen to pursue a construction contract. Document 1 must be supplied by all utility owners. Documents 2 and 3 are only required when the utility owner is a local government agency who is also a political subdivision of the state of Missouri (e.g., city-owned utilities, county-owned utilities). All other utility owners are encouraged, but not required, to provide Documents 2 and 3.&lt;br /&gt;
# A statement that the utility owner is not staffed or able to perform the required construction activities with its own forces.&lt;br /&gt;
# A copy of the request for proposal used to secure bids.&lt;br /&gt;
# A list of a minimum of 3 bidders whom they believe can do the work. &#039;&#039;&#039;Political subdivisions are required to advertise for the work&#039;&#039;&#039;.&lt;br /&gt;
# Upon review of these documents, the district utilities staff will advise the utility owner to proceed with the solicitation of bids, but the utility owner will not be permitted to award the contract without the concurrence of district utilities staff. For lump sum agreements, approval of contract work and subcontract work is not required.&lt;br /&gt;
&lt;br /&gt;
The following documents need to be provided as soon as the utility owner has determined the lowest qualified contractor and would like to award the project. Document 1 must be supplied by all utility owners. Document 2 is only required when the utility owner is a local government agency who is also a political subdivision of the state of Missouri (e.g., city-owned utilities, county-owned utilities). All other utility owners are encouraged, but not required, to provide Document 2.&lt;br /&gt;
# The name address of the lowest qualified contractor.&lt;br /&gt;
# The tabulation of bids received and other information to support their recommendation for award to the lowest qualified bidder.&lt;br /&gt;
&lt;br /&gt;
The district utilities staff will review and approve the utility owner&#039;s bid information prior to the award of the contract. The Design Liaison Engineer is available to assist the district with review of bid information if necessary. Once the district utilities staff provides concurrence, the utility owner may proceed with awarding the contract. When the utility owner is a local government agency who is also a political subdivision of the state of Missouri (e.g., city-owned utilities, county-owned utilities), a copy of the executed contract must be shared with the district utilities staff. All other utility owners are encouraged, but not required, to provide a copy of the executed contract.&lt;br /&gt;
&lt;br /&gt;
A [https://epg.modot.org/forms/general_forms/DE/UtilityConsultantContractChecklist.docx checklist is available for reviewing contracts] to ensure the contract conforms to MoDOT policy and complies with applicable federal regulations.&lt;br /&gt;
&lt;br /&gt;
When a utility owner chooses to utilize an existing continuing contract, the utility owner will submit a copy of the contract to the district utilities staff. The district utilities staff will review the contract for reasonableness of cost. If district utilities staff and the utility owner’s representative cannot agree on the reasonableness of cost, then the utility owner will be required to award a new construction contract.&lt;br /&gt;
&lt;br /&gt;
===643.2.16.3 Inspection===&lt;br /&gt;
The degree of inspection needed for utility adjustments will vary considerably with the nature and location of the work and whether the Commission is responsible for any portion of the cost of reimbursement. Judgment must be used regarding the manner and regularity of inspection duties. Some phases of the work require a very close check to ensure that the highway will not be adversely affected and to ensure satisfactory performance of work in accordance with the agreement and plans. The degree of inspection may vary from spot checking of overhead installations to continuous close observation of backfilling trenches beneath proposed pavement, embankment area, or adjacent to bridge abutments. Proper inspection can ensure that the utility adjustment is completed as efficiently as possible to minimize future impacts to the utility facility and the highway construction project. A [https://epg.modot.org/forms/general_files/DE/UtilityFieldInspectionChecklist.docx Field Inspection Checklist] to assist district utilities staff responsible for inspection is available.&lt;br /&gt;
&lt;br /&gt;
If it is found that any actual cost reimbursable utility adjustment is being performed by unapproved contractors, district utilities staff should direct the work to stop. The utility owner’s representative should be informed immediately and should be advised in writing that the costs incurred by an unapproved contractor are not eligible for reimbursement under provisions of the agreement. The district utilities staff can take appropriate steps to approve a subcontract and advise when the utility owner can recommence work.&lt;br /&gt;
&lt;br /&gt;
===643.2.16.4 Documentation===&lt;br /&gt;
All documents related to the construction of the utility adjustment necessary to allow highway construction should be stored in MoProjects.&lt;br /&gt;
&lt;br /&gt;
Construction records must be kept to confirm that work is done in accordance with the terms of the agreement and in the manner proposed in the plans. The importance of a complete and accurate record cannot be overemphasized. Detailed records are necessary to support the recommendation for payment of the final invoice. A complete, separate daily record must be kept on each actual cost adjustment and submitted for review when the final invoice is recommended for payment. This district utilities staff responsible for inspection should complete the Daily Utility Report (C-9).&lt;br /&gt;
&lt;br /&gt;
====643.2.16.4.1 Utility Reports====&lt;br /&gt;
The Daily Utility Report ([https://epg.modot.org/forms/general_files/DE/C-9.docx Form C-9]) and the Final Utility Report ([https://epg.modot.org/forms/general_files/DE/C-13.docx Form C-13]) are used for documenting utility adjustments necessary to allow highway construction. The use of C-9s and C-13s will vary with method of reimbursement. For utility adjustments necessary to allow highway construction that overlap with the highway contractor’s work, progress records should be kept as necessary to coordinate the highway and utility construction activities. Sufficient records must be maintained to check and verify the items of labor, equipment, materials, and salvaged items as submitted on the final invoice.&lt;br /&gt;
&lt;br /&gt;
=====643.2.16.4.1.1 Daily Utility Report (C-9)=====&lt;br /&gt;
C-9s are only required for actual cost agreements. The district utilities staff responsible for inspection must in all cases keep records to document inclement weather, down time, and verbal authorization for minor changes. The district utilities staff responsible for inspection must complete a C-9 documenting the number and classification of employees and number of hours worked. Records of material used and of retired materials returned to stock or scrapped must be kept. The utility owner’s major items of equipment must also be recorded. When work is done by the contract method based on unit prices, the district utilities staff responsible for inspection should ascertain that units of work as provided in the bid proposal are measured and recorded to form a basis for checking the final invoice. C-9s should list the location and the number of units of work accomplished for that period. If contract labor or equipment is used by a utility owner on the basis of a bid per hour, per day, etc., it will be necessary to keep records on this labor or equipment time in the same manner as if the utility owner were performing the work with its own internal forces. District utilities staff responsible for inspection should also note all contractors working for the utility owner and the contractor approval authorization dates given in the agreement.&lt;br /&gt;
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=====643.2.16.4.1.2 Final Utility Report (C-13)=====&lt;br /&gt;
C-13s summarize that the utility adjustment work that was done in accordance with the agreement and plans, the percentage of total cost that is the responsibility of the Commission, and any progress payments that have been made. A C-13 is required for both actual cost and lump sum agreements. The requested numbers shown on line 9 (Commission Estimated Cost) and line 10 (Amount of Final Bill) in the report are the Commission’s total responsibility.&lt;br /&gt;
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====643.2.16.4.2 Breakdown and Emergency====&lt;br /&gt;
When breakdown and emergency situations occur, prior approval by MoDOT is not required for contract or equipment rental work unless the cost or period of time will be extensive. The utility owner should furnish a letter as soon as possible to explain the situation and set out the estimated costs involved. The district utilities staff’s records should substantiate the need and the changes for personnel and equipment.&lt;br /&gt;
&lt;br /&gt;
====643.2.16.4.3 Stop Work====&lt;br /&gt;
If at any point, a stop work order is given by MoDOT to a utility owner, written documentation of the stop work order should be saved in MoProjects.&lt;br /&gt;
&lt;br /&gt;
===643.2.16.5 Change Orders===&lt;br /&gt;
Any change in the plan of adjustment should be documented in writing to the utility owner as a change order. If the change order is anticipated to exceed $100,000 or 15% of the original agreement amount, district utilities staff should negotiate a supplemental agreement with the utility owner’s representative. Once a supplemental agreement is in place, district utilities staff should contact Financial Services to obtain an adjustment of the obligation mid-project. Change orders without supplemental agreements will be settled once the project is complete.&lt;br /&gt;
&lt;br /&gt;
====643.2.16.5.1 Actual Cost Agreement====&lt;br /&gt;
Slight modifications in quantities or the addition of minor items not included with the original agreement do not require a supplemental agreement. However, such changes should be documented in writing with the utility owner. A supplemental agreement is needed if costs exceed the above threshold or if there is a change in the percentage of cost that is the Commission’s responsibility on an agreement with shared responsibility for costs. Intermediate partial payments cannot be made on items in a supplemental agreement until the supplemental agreement is approved.&lt;br /&gt;
&lt;br /&gt;
====643.2.16.5.2 Lump Sum Agreement====&lt;br /&gt;
A supplemental agreement to a Lump Sum Agreement is only required for significant changes in the scope of work of the utility adjustment necessary to allow highway construction. Normal overruns are not considered as changes in approved work and will not be reimbursed. Significant changes in the scope of work on utility adjustments necessary to allow highway construction cannot be done until the supplemental agreement is approved, and the adjustment in obligation of funds is complete.&lt;br /&gt;
&lt;br /&gt;
==643.2.17 Utilities during Highway Construction==&lt;br /&gt;
The contractor is responsible for having utilities located by contacting Missouri One-Call (811) prior to any excavation on the project. A reminder of this responsibility should be made at the preconstruction meeting.&lt;br /&gt;
&lt;br /&gt;
===643.2.17.1 Preconstruction Meeting (Pre-Con)===&lt;br /&gt;
District utilities staff should be invited to all pre-cons.&lt;br /&gt;
&lt;br /&gt;
Pre-cons fall into three categories relating to utilities:&lt;br /&gt;
# No utility adjustments are anticipated within the project limits,&lt;br /&gt;
# All utility adjustments completed prior to the pre-con, and&lt;br /&gt;
# All utility adjustments not completed prior to the pre-con.&lt;br /&gt;
&lt;br /&gt;
====643.2.17.1.1 No Utility Adjustments Anticipated within the Project Limits====&lt;br /&gt;
For projects without a Utility Job Special Provision (JSP), no involvement of the utility owners is required at the pre-con. For projects with a Utility JSP, the Resident Engineer (RE) should invite all utility owner representatives listed in the JSP with known required adjustment to the pre-con. The RE should review potential impacts of the highway construction project with the contractor and the utility owner.&lt;br /&gt;
&lt;br /&gt;
====643.2.17.1.2 All Utility Adjustments Completed Prior to the Pre-Con====&lt;br /&gt;
The RE should invite all utility owner representatives listed in the JSP with known required adjustment to the pre-con. The RE should review potential impacts of the highway construction project with the contractor and the utility owner. A general discussion should highlight the previous adjustments made by the utility owner and what abandoned utility facilities the contractor may encounter.&lt;br /&gt;
&lt;br /&gt;
====643.2.17.1.3 All Utility Adjustments Not Completed Prior to the Pre-Con====&lt;br /&gt;
It is important for the RE and inspector to understand the utility owner’s work schedule and how it relates to the contractor’s work schedule. During the pre-con, the schedule of the utility owner and highway construction contractor should be discussed, and conflicts should be addressed to allow utility adjustments and highway construction to progress as near to the proposed schedule as possible. On large-scale projects that have many utility issues to address that could impact the work of the highway construction contractor, it may be necessary to have a separate pre-con with utility owner representatives.&lt;br /&gt;
&lt;br /&gt;
===643.2.17.2 Coordination Meetings===&lt;br /&gt;
When the utility work will not be completed soon after the preconstruction meeting, the RE should meet with district utilities staff, the highway construction contractor, and the utility owner representatives on a regular basis to discuss utility coordination issues, so expectations from all parties are known and conveyed clearly. The utility owner may need some work performed by MoDOT or the highway construction contractor prior to completing their adjustments. (Examples include: survey staking of right of way or proposed facilities, trees cleared, grading performed, or new structures built).&lt;br /&gt;
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==643.2.18 Service Drops==&lt;br /&gt;
Power and communication services provided by utility owners are necessary for the operation of the highway system. These services may include power to traffic signals, lighting, or ITS devices; power for cathodic protection; or telecommunication services to signal controllers or ITS devices. The project design teams should work with district utilities staff to identify proper locations for the applicable utility owners to provide these services. Various utility owners have different requirements for this process. The district utilities staff is encouraged to develop a workable relationship with the utility owners who provide these services to MoDOT. The costs of installing the services charged by the utility owner are considered a non-contractual item and should be accounted for in the project’s budget in the STIP. The proposed location and method for the service drops should be shown on the roadway plans. District utilities staff should meet with the utility owner’s representative to ensure the proposed location can be accommodated by the utility owner. For electrical service connections, the power supply assembly is ideally located a maximum of ten feet (10’) from the source location. Plans submitted for PS&amp;amp;E should reflect the agreed upon location for all service connections. During construction, district utilities staff and district construction staff should work together to ensure the placement of the services is consistent with the project plans. Payment for the service drops should be invoiced by the utility owner to the district. District utilities staff is responsible for submission of the invoice directly to Financial Services for payment noting the non-contractual charges for the project.&lt;br /&gt;
&lt;br /&gt;
==643.2.19 Buy America Build America for Utilities==&lt;br /&gt;
FHWA’s Buy America Build America (BABA) policies require a domestic manufacturing process for all steel or iron products, other construction materials, and manufactured products that are permanently incorporated into Federal-Aid Highway construction projects, including products and materials used for adjustments to utility facilities to allow highway construction. These guidelines are for all federally reimbursable transportation projects where FHWA is the lead federal agency; it does not take precedence over projects where Federal Transit Administration or the Federal Railroad Administration is deemed the be the lead federal agency.&lt;br /&gt;
&lt;br /&gt;
===643.2.19.1 Program Requirements for Utilities===&lt;br /&gt;
All MoDOT projects are federal-aid projects, and therefore, all reimbursable utility adjustments are required to follow the provisions of BABA. More information on MoDOT’s BABA policy and procedures can be found in [[106.9_Buy_America_Requirement|EPG 106.9 Buy America Requirement]]. Specifically, utility owners should be aware of the following procedures for determining applicability of the EPG 106.9 requirements to reimbursable utility adjustments necessary to allow highway construction:&lt;br /&gt;
* BABA does not apply when materials are relocated from one location to another within the project limits.&lt;br /&gt;
* BABA does not apply for materials necessary for temporary utility adjustments assuming materials are removed from the right of way upon completion of the utility adjustment to allow highway construction.&lt;br /&gt;
* Non-reimbursable work must be kept separate from reimbursable work (agreements, permits, etc.) in order to not be subject to BABA.&lt;br /&gt;
&lt;br /&gt;
===643.2.19.2 Certification Requirements for Utilities===&lt;br /&gt;
Utility owners have the option of choosing either to self-certify BABA compliance or provide vendor/manufacturer certification to MoDOT. The method of certification is chosen by the utility owner and is documented in either the MRUA or the project specific agreement. Regardless of agreement type or certification method, the utility owner must be compliant with BABA requirements.&lt;br /&gt;
&lt;br /&gt;
====643.2.19.2.1 BABA Utility Owner Self-Certification====&lt;br /&gt;
If a utility owner chooses to self-certify BABA compliance, the utility owner is not required to provide MoDOT copies of the supplier certification as part of the project documentation or with the final invoice for any reimbursable utility adjustment necessary to allow highway construction. Retention of all documents should be as described in the agreement.&lt;br /&gt;
&lt;br /&gt;
====643.2.19.2.2 BABA Vendor/Manufacturer Certification====&lt;br /&gt;
If a utility owner chooses to use vendor/manufacturer certification, the utility owner will supply MoDOT BABA compliance from all vendors and/or manufacturers. Certification from vendors will be signed by an authorized representative of the vendor on company letterhead or other acceptable documentation and will declare that all supplied materials subject to BABA requirements are fully compliant. Certification from iron or steel manufacturers must be in the form of a mill test report (MTF) issued and signed by the initial fabricator stating the materials subject to BABA were melted and manufactured in the United States. Other written statements on company letter or other acceptable documentation signed by an authorized representative of the manufacturer for any additional treatment to the fabricated material (such as blasting, galvanizing, painting, or coating) will state that all treatment processes occurred in the United States according to FWA guidelines. Retention of all documents should be as described in the agreement. Manufacturer certification for manufactured products or construction materials will state that all materials were sourced from the United States and were fabricated in the United States. Retention of all documents should be as described in the agreement.&lt;br /&gt;
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&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643.3 Reserved for Future Use &#039;&#039;PAGE TITLE&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;&lt;br /&gt;
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&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643.4 Railroads (NO CHANGE) &#039;&#039;PAGE TITLE&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;&lt;br /&gt;
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==236.5.12 Excess Land Conveyances &amp;amp; Relinquishments - Utilities==&lt;br /&gt;
All conveyances and relinquishments of Commission-owned property shall be evaluated for the existence of any utility facilities located within the areas to be conveyed or relinquished. A conveyance or relinquishment of Commission-owned property may have implications to the utility facilities, and the utility owners, when the Commission no longer controls the property. It is important to maintain the continuity of utility facilities for the general public; therefore, to identify and minimize potential impacts, MoDOT shall involve utility owners in the conveyance and relinquishment processes.&lt;br /&gt;
&lt;br /&gt;
===236.5.12.1 Excess Land Conveyances Utilities===&lt;br /&gt;
MoDOT shall only recommend that a property be declared excess upon satisfactorily addressing the utility impacts. Whether MoDOT or an external party initiates the conveyance of excess property, utility impacts shall be adequately addressed by using one of the following methods: &lt;br /&gt;
:1. Each utility facility will be relocated by permit into a new utility corridor retained by the Commission.&lt;br /&gt;
:2. Each utility facility will remain in place with the benefit of a non-exclusive permanent utility easement.&lt;br /&gt;
::&#039;&#039;If the Commission holds fee simple title to the property, the Commission shall convey a non-exclusive permanent utility easement to each utility owner&#039;&#039;.&lt;br /&gt;
::&#039;&#039;If the Commission holds a less than fee simple title interest in the property, MoDOT shall facilitate the conveyance of a non-exclusive permanent utility easement from the party acquiring the property to each utility owner&#039;&#039;.&lt;br /&gt;
:3. Each utility facility will be relocated to another portion of the property being conveyed.&lt;br /&gt;
::&#039;&#039;If the Commission holds fee simple title to the property, the Commission shall convey a non-exclusive permanent utility easement to each utility owner&#039;&#039;. &lt;br /&gt;
::&#039;&#039;If the Commission holds a less than fee simple title interest in the property, MoDOT shall facilitate the conveyance of a non-exclusive permanent utility easement from the party acquiring the property to each utility owner&#039;&#039;.&lt;br /&gt;
:4. Each utility facility will be relocated onto a portion of the property already owned by the party acquiring the Commission-owned property, with the benefit of a non-exclusive permanent easement. (MoDOT shall facilitate the conveyance of a non-exclusive permanent utility easement from the party acquiring the property to each utility owner.)&lt;br /&gt;
:5. A three-party negotiated settlement taking into consideration the overall value of the proposed transaction.&lt;br /&gt;
:6. Additional options to address utility impacts may be utilized with approval from the Asst. to the State Design Engineer - Right of Way.&lt;br /&gt;
&lt;br /&gt;
===236.5.12.2 Road Relinquishment Utilities===&lt;br /&gt;
MoDOT shall only recommend the relinquishment of roadways through the [[236.14 Change in Route Status Report|Change in Route Status Report]] upon satisfactorily addressing the impacts to utility facilities. If the roadway will be relinquished to a local public transportation authority, with the intent that it continues to be used as a public roadway, a clause similar to the following shall be included in the deed from the Commission to the local public transportation authority:&lt;br /&gt;
:&#039;&#039;&amp;quot;Grantee, by acceptance of this conveyance, covenants and agrees for itself, its successors and assigns, to allow known or unknown utility facilities currently located on the property, whether of record or not, to remain on the property, and to grant the current and subsequent owners of those facilities the right to maintain, construct and reconstruct the facilities and their appurtenances over, under, and across the land herein conveyed, along with the right of ingress and egress across the land herein conveyed to and from those utilities.&amp;quot;&#039;&#039; &lt;br /&gt;
&lt;br /&gt;
Proposed roadway relinquishments to private entities shall be reviewed in a manner consistent with the conveyance of excess property described in [[236.5 Property Management#236.5.3 Asset Management Committee|EPG 236.5.3 Asset Management Committee]].&lt;/div&gt;</summary>
		<author><name>Hoskir</name></author>
	</entry>
	<entry>
		<id>https://epg.modot.org/index.php?title=User:Hoskir/Revision_Request_4225&amp;diff=58889</id>
		<title>User:Hoskir/Revision Request 4225</title>
		<link rel="alternate" type="text/html" href="https://epg.modot.org/index.php?title=User:Hoskir/Revision_Request_4225&amp;diff=58889"/>
		<updated>2026-06-23T15:32:55Z</updated>

		<summary type="html">&lt;p&gt;Hoskir: /* 643.1.10 Broadband */&lt;/p&gt;
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&lt;div&gt;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643 Utility Procedures  &#039;&#039;CATEGORY&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt; &lt;br /&gt;
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| &#039;&#039;&#039;&amp;lt;center&amp;gt;&amp;lt;u&amp;gt;Additional Resources&amp;lt;/u&amp;gt;&amp;lt;/center&amp;gt;&#039;&#039;&#039;&lt;br /&gt;
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| ● [https://www.ecfr.gov/current/title-23/chapter-I/subchapter-G/part-64523 CFR 645]&lt;br /&gt;
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| ● [https://www.sos.mo.gov/cmsimages/adrules/csr/current/7csr/7c10-3.pdf7 CSR 10-30]&lt;br /&gt;
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&#039;&#039;&#039;Utility Accommodation Policy:&#039;&#039;&#039; State DOTs are required to develop policies and procedures pertaining to the use, accommodation, and/or relocation of public and private utility facilities on highway rights-of way using Federal-aid highway funds. State DOTs are required to develop, maintain, and obtain FHWA approval of their Utility Accommodation Policy (UAP) (23 CFR section 645.215). This EPG article 643 and subarticles 643.1 through 643.3 are Missouri Department of Transportation (MoDOT)’s Utility Accommodation Policy. Text in EPG 643 consolidates various federal and state statutes and rules into a single, cohesive, workable policy to outline processes for MoDOT staff and utility owners.&lt;br /&gt;
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&#039;&#039;&#039;Delegation of Work:&#039;&#039;&#039; Each MoDOT district is responsible for ensuring implementation of the UAP outlined in the subsequent EPG articles. Each district can create its own organization for whom is responsible for the work including between divisions and job titles. Work responsibilities within this article and subarticles are generic where possible. If a specific title is included, that title has sole responsibility for that item of work.&lt;br /&gt;
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&#039;&#039;&#039;643 documents not being used&#039;&#039;&#039;&lt;br /&gt;
[[media:144 Major Highway System 2022.pdf|major routes]]&lt;br /&gt;
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&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643.1 Utility Location  &#039;&#039;PAGE TITLE&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt; &lt;br /&gt;
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The information in this article provides a uniform system for regulating the location, construction, maintenance, removal, and relocation of utility facilities on the right of way of roadways located on the state highway system. It also provides for the facilitation of construction and maintenance of these roadways. Any location or relocation of utility facilities contrary to this information is an interference with the construction, maintenance, or operation of a state highway and its right of way and is prohibited.&lt;br /&gt;
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==643.1.1 Permits==&lt;br /&gt;
All utility owners are required to obtain a permit to work on Missouri Highway and Transportation Commission (Commission) right of way. A permit is required for original installation of the utility facility, on-going maintenance of the utility facility, or adjustments to a utility facility necessary to allow highway construction. Per [[127.29_Stormwater#127.29.4.3_MCM_3:_Illicit_Discharge_Detection_and_Elimination_(IDDE)_Program|EPG 127.29.4.3]], discharges of anything other than stormwater are not permitted. A deposit or bond is required to ensure completion of the work in accordance with the permit issued. An [https://www.modot.org/permits application for a permit] may be made on established forms specifically stating the nature of the work to be performed. Applications for permits may be obtained at any of the [https://www.modot.mo.gov/ seven (7) district highway offices] of the Commission, [https://www.modot.mo.gov/ MoDOT&#039;s website], or by requesting it from the office of the Missouri Highways and Transportation Commission in Jefferson City, Missouri. The application for a permit will specifically state the nature of the work to be performed, what specific type of utility facility is to be installed, and, if necessary, the timeframe of any temporary use. Piping of any type of sewage or waste will only be allowed providing any permitting by a regulatory agency, such as Missouri Department of Natural Resources, can be provided. Prior to obtaining a permit through MoDOT’s permit system, a utility owner will be required to provide a bond to ensure satisfactory work and complete a TR50 Electronic Signature Agreement with the Commission. The name of the utility owner must match on the bond, TR50, and in the permit system. More information on permitting can be found in [[:Category:941_Permits_and_Access_Requests|EPG 941]].&lt;br /&gt;
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===643.1.1.1 Emergency Work===&lt;br /&gt;
When emergency operations work is necessary, the damaged utility facility may be accessed immediately and without a permit by leaving the pavement at such points as may be necessary to effect emergency repairs, provided immediate notice is given to the Missouri State Highway Patrol and the district utilities staff for the district wherein the work will be performed, and a permit for emergency operations is requested immediately upon discovery of the need for emergency operations. A permit for emergency operations work is to be obtained as soon as practical, but in no event later than two (2) working days after the emergency operations work has commenced. Emergency operations include, but are not limited to, unplanned work in response to utility facilities being so damaged as to constitute an emergency situation directly affecting or endangering traffic on the highway or public health or safety.&lt;br /&gt;
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===643.1.1.2 Third-Party Inspection===&lt;br /&gt;
When a utility owner has a large number of projects in a given area or projects involving great complexity, MoDOT reserves the right to limit the number of permits open at any given time. With approval of the district utilities staff, a utility owner may hire a third-party inspector, at their cost. The third-party inspector will allow the utility owner to increase the number of permits open at any given time. The responsibility of the third-party inspector will be to ensure the installation of the utility facility proceeds in a manner consistent with the plans approved in the permit, including all work zone requirements and conformity with MoDOT’s Standards and Specifications. The MoDOT approved third-party inspector will be listed in the permit. MoDOT may audit third-party inspections and revoke the right to use third-party inspections should the inspectors fail to perform their duties.&lt;br /&gt;
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===643.1.1.3 Abandoned Utility Facilities===&lt;br /&gt;
All utility facilities installed in Commission right of way are the property of the utility owner whether the utility facility is active or inactive. MoDOT may allow a utility facility to remain on Commission right of way whether the utility facility was abandoned for a MoDOT project or at the utility owner’s discretion. MoDOT may place requirements (such as removing inactive fiber optic cables, grouting pipes, removing valves) on the utility owner as part of the process of abandoning a utility facility. Liability for damage to Commission right of way due to an abandoned facility remains the responsibility of the utility owner. In the event MoDOT requires the removal of the abandoned utility facility, responsibility for the cost of the removal will be determined per [[#643.2.8_Cost_Responsibility|EPG 643.2.8]].&lt;br /&gt;
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==643.1.2 Definitions==&lt;br /&gt;
&#039;&#039;&#039;Bridge Attachment:&#039;&#039;&#039; A bridge attachment is any utility facility, including communication lines and electrical lines, or any other utility facility of a similar nature that is fastened to a bridge for the purpose of spanning an obstacle.&lt;br /&gt;
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&#039;&#039;&#039;Clear zone:&#039;&#039;&#039; The total roadside border area starting at the edge of the traveled way, available for safe use by errant vehicles. This area may consist of a shoulder, a recoverable slope, a non-recoverable slope, and/or the area at the toe of a non-recoverable slope available for safe use by an errant vehicle. Clear zone dimensions are provided in the current edition of American Association of State Highway Transportation Officials Roadside Design Guide.&lt;br /&gt;
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&#039;&#039;&#039;Ditch Line:&#039;&#039;&#039; A line where the roadway ditch meets the back slope. It is located at the lowest point of a V-bottom ditch or furthest point from the roadway of a flat bottom ditch where the roadway slopes back to the existing ground line.&lt;br /&gt;
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&#039;&#039;&#039;Duct:&#039;&#039;&#039; An enclosed tubular casing, or raceway, for protecting wires, lines, or cables that is often flexible or semi-rigid (1-3% diametric deflection). The casing, or raceway, is separate from the cable or conductor that passes through it.&lt;br /&gt;
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&#039;&#039;&#039;Encasement:&#039;&#039;&#039; The term encasement means the placing of an installation around and outside of an underground facility consisting of a larger conduit that permits the removal and replacement of the facility. An alternate to the conduit type encasement is reinforced concrete poured around the utility facility. Utility owners are allowed to use any types of material as a carrier and encasement for its facilities as expressly provided for in the permit issued for the installation of the utility facility.&lt;br /&gt;
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&#039;&#039;&#039;Freeway:&#039;&#039;&#039; A divided arterial highway with full control of access.&lt;br /&gt;
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&#039;&#039;&#039;Highway:&#039;&#039;&#039; Any public way for vehicular travel, including the entire area within the right of way and related facilities constructed or improved and maintained by the Missouri Highways and Transportation Commission (MHTC) acting through the Missouri Department of Transportation (MoDOT).&lt;br /&gt;
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&#039;&#039;&#039;Interchange Limits:&#039;&#039;&#039; For the uniform handling of utility installations only, the limits of an interchange are the outside ramp curve points. See [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_1_TypicalInterchangeLimits_AOD.pdf EPG Figure 643.1.1] for an example.&lt;br /&gt;
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&#039;&#039;&#039;Interstate System or Other Freeways/Expressways:&#039;&#039;&#039; Interstate highways and highways with fully controlled access.&lt;br /&gt;
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&#039;&#039;&#039;Major Routes (Interstates, Freeways/Expressways and Principal Arterials):&#039;&#039;&#039; The major highway system is all routes functionally classified as principal arterials. The principal arterial system provides for statewide or interstate movement of traffic. The major roads in Missouri total approximately 5,500 centerline miles.&lt;br /&gt;
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&#039;&#039;&#039;Minor Routes:&#039;&#039;&#039; The minor highway system is all routes functionally classified as minor arterials or collectors. These routes mainly serve local transportation needs. The minor roads in Missouri total approximately 28,400 centerline miles.&lt;br /&gt;
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&#039;&#039;&#039;Normal Right of Way Line:&#039;&#039;&#039; An imaginary line that connects sudden breaks in the major right of way points for roadways. Sight distance right of way points (triangles) at roadway intersections are not to be considered as sudden breaks for determining normal right of way.&lt;br /&gt;
[[File:fig_643.1.2-06_2026.jpg|none|700px|thumb|Figure 643.1.2 Normal Right of Way Line.]]&lt;br /&gt;
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&#039;&#039;&#039;Private Lines:&#039;&#039;&#039; Privately owned utility facilities which convey or transmit the commodities outlined in the definition of utility facility of this section but devoted exclusively to private use.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Scenic Enhancement Areas:&#039;&#039;&#039; Scenic enhancement areas include areas acquired or so designated as scenic strips, overlooks, rest areas, recreation areas, and the right of way of adjacent roadways and the right of way of roadways that pass through public parks and historic sites as described under 23 USC 138.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Utility Corridor:&#039;&#039;&#039; An area established for the placement of utility facilities parallel to the normal right of way line.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Utility Facility:&#039;&#039;&#039; Privately, publicly, or cooperatively owned line, facility, or system for producing, transmitting, or distributing communications, cable television, power, electricity, light, heat, gas, oil, crude products, water, steam, waste, storm water not connected with highway drainage or any other similar commodity, including any fire or police signal system or street lighting system which directly or indirectly serves the public and does not include privately owned facilities devoted exclusively to private use. The term &amp;quot;utility facility&amp;quot; includes those facilities used solely by the utility owner that are a part of its operating plant.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Utility Owner:&#039;&#039;&#039; The utility owner is the utility company, inclusive of any wholly owned or controlled subsidiary, or city or county which owns utility facilities. The term also includes those government agencies that lease a utility facility for its own use or otherwise dedicated solely to governmental use.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Variance:&#039;&#039;&#039; A one- (1-) time deviation from the requirements for location or relocation of utility facilities on the right of way of highways in the state highway system as established in [https://www.sos.mo.gov/cmsimages/adrules/csr/current/7csr/7c10-3.pdf Title 7 Code of State Regulations 10-3], requested by the utility, and approved by a MoDOT District Design Engineer.&lt;br /&gt;
&lt;br /&gt;
==643.1.3 Location of Utility Facilities==&lt;br /&gt;
Utility facilities paralleling the roadway should be installed in the utility corridor except as outlined below. The utility corridor is the space for all utility owners generally within six feet (6’) of the normal right of way line. When considering if the current utility corridor is available to expand from six feet (6’) to as much as twelve feet (12’), MoDOT determines if the expansion is warranted. In making the determination, MoDOT will consider the existing utilization of the original six feet (6’) corridor. Poles must remain within two feet (2’) of the normal right of way line unless approved by a variance. The utility corridor will only be expanded beyond six feet (6’) if the original six feet (6’) corridor is fully utilized and additional space would be required to accommodate additional utility facilities. Acquisition of additional right of way to establish a twelve feet (12’) corridor is not required on highway construction projects. For depths for underground utility facilities, see [[#643.1.4.1_Minimum_Cover_for_Underground_Facilities|EPG 643.1.4.1]].&lt;br /&gt;
&lt;br /&gt;
Utility facilities crossing the roadway should be installed as close to ninety degrees (90°) to the centerline of the roadway as possible and based on the guidelines below depending on the type of roadway. See [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_3_TypicalUtilityCorridor-InterchangeatMajorRoute_AOD.pdf EPG Figure 643.1.3] and [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_4_TypicalUtilityCorridor-InterchangeatMinorRoute_AOD.pdf EPG Figure 643.1.4] for typical utility corridors around interchanges.&lt;br /&gt;
&lt;br /&gt;
===643.1.3.1 Interstate System or Other Major Freeways/Expressways===&lt;br /&gt;
The installation of all utility facilities on highways of the Interstate System or other major freeways/expressways with fully controlled access are to be installed, serviced, and maintained without entering or leaving the roadway and ramps except at points approved by MoDOT for that purpose and without parking any equipment or storing materials upon the medians, roadway and ramps, or shoulders of the roadways. Cutting or damaging the pavement or paved shoulders is not permitted. New service connections to existing parallel utility facilities are to be permitted only where an outer roadway exists and then only where access is permitted by the Commission. Careful consideration will be given to the location of guys, anchors, braces, and other supports. Generally, good design practice will provide that appurtenances be located at right of way jogs, along intersecting road right of way, or at other similar acceptable locations, so that encroachment is held to an absolute minimum.&lt;br /&gt;
&lt;br /&gt;
No utility facilities will be permitted within the interchange limits of an interchange between fully limited access highways where planned or existing. Utility facilities within the interchange limits of an interchange with a non-access controlled highway will be permitted only along the minor road, provided that all construction, service, and maintenance can be performed from the minor road. Manholes and poles must be located beyond the ramp termini.&lt;br /&gt;
&lt;br /&gt;
For structures carrying or over interstates or other major freeways/expressways, see [[#643.1.5_Bridge_Attachment_Policy|EPG 643.1.5]].&lt;br /&gt;
&lt;br /&gt;
====643.1.3.1.1 Utility Facilities Crossing the Interstate or Other Major Freeways/Expressways====&lt;br /&gt;
=====643.1.3.1.1.1 Overhead Crossings of the Interstate or Other Major Freeways/Expressways=====&lt;br /&gt;
Overhead crossings of utility facilities are permitted only for power transmission and distribution lines and for multiple circuit communication lines where an underground installation is not economically feasible. Supports for existing utility facilities crossing overhead may remain on the right of way provided they are near the right of way line regardless of the presence of an outer road. Supports for new overhead utility facilities crossing overhead may be located on the right of way near the right of way line where an outer roadway exists and are to be located off the right of way where no outer roadway exists. Overhead service crossings are only permitted in isolated cases for residential or commercial establishments when the denial of the crossing would require construction of more than 1,200 feet (1,200’) of utility line to provide the service. Main or distribution line crossings are required to serve a general area other than isolated cases.&lt;br /&gt;
&lt;br /&gt;
=====643.1.3.1.1.2 Underground Crossings of the Interstate or Other Major Freeways/Expressways=====&lt;br /&gt;
Underground crossings of utility facilities are to be continuously encased under the pavement, medians, ramps, and shoulders with the casing extending to the toe of the fill slopes or to the ditch line. In curbed sections, encasement should extend outside the outer curb of the roadways a distance equal to the depth of the encasement at the curb line. Where installed by open trench through unpaved areas, detector tape should be placed approximately one foot (1&#039;) above the encasement. Where an interstate or other major freeway has a parallel outer roadway, encasement should be continuous under all roadways within the right of way.&lt;br /&gt;
&lt;br /&gt;
Manholes or vent pipes are to be located at the right of way line or adjacent to the outer roadway.&lt;br /&gt;
&lt;br /&gt;
For fiber optic cable, encasement should extend from within six feet (6&#039;) of one right of way line to within six feet (6&#039;) of the other right of way line.&lt;br /&gt;
&lt;br /&gt;
Exceptions may be made for encasement as listed in [[#643.1.4.2_Exceptions_to_Encasement|EPG 643.1.4.2]].&lt;br /&gt;
&lt;br /&gt;
=====643.1.3.1.1.3 Parallel Installations along the Interstate or Other Major Freeways/Expressways=====&lt;br /&gt;
New parallel installations on the right of way may be permitted only where an outer roadway exists, provided that poles are within two feet (2&#039;) of the normal right of way line and underground utility facilities are within the utility corridor, and provided that the utility facility can be installed and maintained between the outer roadway and the right of way line. Existing overhead or underground utility facilities that parallel an existing roadway which will be incorporated into a completed highway as an outer roadway may remain in place if all maintenance and service can be performed from an outer roadway and the existing location does not interfere with construction, maintenance, or operation of the completed highway. If an existing parallel utility facility needs to be relocated so as to not interfere with the construction, maintenance, or operation of the completed interstate or other major freeway, poles may be located withing five feet (5’) of the right of way line.&lt;br /&gt;
&lt;br /&gt;
Underground utility facilities are expected to be buried within the utility corridor of sight distance triangles (SDTs) at roadway intersections unless granted a variance. Overhead utility facilities may be allowed to span intersecting roadways with SDTs provided the poles, or supports, are located outside the SDT.&lt;br /&gt;
&lt;br /&gt;
=====643.1.3.1.1.4 Sanitary Sewers within the Right of Way of Interstates or Other Major Freeways/Expressways=====&lt;br /&gt;
New installations of sanitary sewers should follow the applicable guidelines for either underground crossings or parallel installations as appropriate. Existing gravity trunk sanitary sewers should be considered individually and removed or left in place contingent upon its age, condition, feasibility of moving, and maintenance access. Encasement of existing trunk sewers left in place may be required for questionable condition, protection during construction, or heavy fills.&lt;br /&gt;
&lt;br /&gt;
Manholes should be relocated to the right of way lines or adjacent to an outer roadway.&lt;br /&gt;
&lt;br /&gt;
===643.1.3.2 Major Routes===&lt;br /&gt;
For structures carrying or over major routes, see [[#643.1.5_Bridge_Attachment_Policy|EPG 643.1.5]].&lt;br /&gt;
&lt;br /&gt;
====643.1.3.2.1 Major Routes with Partially Controlled Access Right of Way====&lt;br /&gt;
The installation of all utility facilities on highways with partially controlled access right of way are to be installed, serviced, and maintained without entering or leaving the roadway and ramps except at points approved by MoDOT for that purpose and without parking any equipment or storing materials upon the medians, roadway and ramps, or shoulders of the roadways. Cutting or damaging the pavement or paved shoulders is not permitted. Equipment or materials stored within the right of way must be protected by longitudinal barrier or be located outside the clear zone. New service connections to existing parallel utility facilities are to be permitted only where granted by the Commission.&lt;br /&gt;
&lt;br /&gt;
No utility facilities will be permitted within the interchange limits of an interchange between fully limited access highways where planned or existing. Utility facilities within the interchange limits of an interchange with a non-access controlled highway will be permitted only along the minor road, provided that all construction, service, and maintenance can be performed from the minor road. Manholes and poles must be located beyond the ramp termini.&lt;br /&gt;
&lt;br /&gt;
====643.1.3.2.2 Major Routes with Normal Access Right of Way====&lt;br /&gt;
All new utility facilities will be installed and maintained without cutting or damaging the pavement or paved shoulders except in the event underlying rock formations or other obstructions are encountered that prevent boring or pushing operations. A variance may be granted for pavement cuts when the need is established. Pavement cuts may only be made by permits issued when it is impractical to otherwise service and maintain the facility. The installation of all utility facilities is to be installed without parking any equipment or storing materials upon the medians, roadway and ramps, or shoulders of the roadways. Equipment or materials stored within the right of way must be protected by longitudinal barrier or be located outside the clear zone.&lt;br /&gt;
&lt;br /&gt;
====643.1.3.2.3 Utility Facilities Crossing Major Routes====&lt;br /&gt;
=====643.1.3.2.3.1 Overhead Crossings of Major Routes=====&lt;br /&gt;
Supports for utility facilities crossing overhead should be located as near the right of way line as possible. For major routes with controlled access right of way, new overhead service crossings may be permitted in isolated cases for residential or commercial establishments where the denial of such crossings would require the construction of more than 1,200 feet (1,200’) of utility line to provide the same service. For major routes with normal access right of way, there is no restriction on the placement of service crossings.&lt;br /&gt;
&lt;br /&gt;
=====643.1.3.2.3.2 Underground Crossings of Major Routes=====&lt;br /&gt;
Underground crossings of utility facilities are to be continuously encased under the pavement, medians, ramps, and shoulders with the casing extending to the toe of the fill slopes or to the ditch line. In curbed sections, encasement should extend outside the outer curb of the roadways a distance equal to the depth of the encasement at the curb line. Where installed by open trench through unpaved areas, detector tape should be placed approximately one foot (1&#039;) above the encasement. Where a major route has a parallel outer roadway, encasement should be continuous under all roadways within the right of way.&lt;br /&gt;
&lt;br /&gt;
Manholes or vent pipes are to be located at the right of way line or adjacent to the outer roadway.&lt;br /&gt;
&lt;br /&gt;
For fiber optic cable, encasement should extend from within six feet (6&#039;) of one right of way line to within six feet (6&#039;) of the other right of way line.&lt;br /&gt;
&lt;br /&gt;
Exceptions may be made for encasement as listed in [[#643.1.4.2_Exceptions_to_Encasement|EPG 643.1.4.2]].&lt;br /&gt;
&lt;br /&gt;
====643.1.3.2.4 Parallel Installations along Major Routes====&lt;br /&gt;
New parallel installations on the right of way may be permitted provided that poles are within two feet (2&#039;) of the normal right of way line and underground utility facilities are within the utility corridor. Existing overhead or underground utility facilities that parallel an existing roadway which will be incorporated into a completed highway may remain in place if all maintenance and service can be performed without entering or leaving the roadway except at approved access points; without parking equipment or storing materials on the median, pavement, ramps, or shoulders; and the existing location does not interfere with construction, maintenance, or operation of the completed highway. If an existing parallel utility facility needs to be relocated so as to not interfere with the construction, maintenance, or operation of the completed highway, poles may be located withing five feet (5’) of the right of way line.&lt;br /&gt;
&lt;br /&gt;
Existing steel pipe transmission and distribution facilities for gaseous petroleum products that parallel an existing roadway that will be incorporated into the completed roadway may be left in place subject to an agreement by the utility owner that maintenance or service and facility expansion will be performed without cutting or damaging the pavement or interfering with the construction, maintenance, and operation of the highway and provided that the facility is cathodically protected against corrosion and meets the applicable material requirements.&lt;br /&gt;
&lt;br /&gt;
Underground utility facilities are expected to be buried within the utility corridor of sight distance triangles (SDTs) at roadway intersections unless granted a variance. Overhead utility facilities may be allowed to span intersecting roadways with SDTs provided the poles, or supports, are located outside the SDT.&lt;br /&gt;
&lt;br /&gt;
====643.1.3.2.5 Sanitary Sewers within the Right of Way of Major Routes====&lt;br /&gt;
New installations of sanitary sewers should follow the applicable guidelines for either underground crossings or parallel installations as appropriate. An existing gravity trunk sanitary sewer should be considered individually and removed or left in place contingent upon its age, condition, feasibility of moving, and maintenance access. If an existing parallel gravity main is left in place within the limits of the paved surface, paved shoulder lines, or curb lines, stub mains as required will be laid between the sewer main and curb or shoulder lines for future service connections in each block. Manholes should be relocated outside the traveled roadway as near the right of way line as practical.&lt;br /&gt;
&lt;br /&gt;
===643.1.3.3 Minor Routes===&lt;br /&gt;
For structures carrying or over minor routes, see [[#643.1.5_Bridge_Attachment_Policy|EPG 643.1.5]].&lt;br /&gt;
&lt;br /&gt;
====643.1.3.3.1 Utility Facilities Crossing Minor Routes====&lt;br /&gt;
=====643.1.3.3.1.1 Overhead Crossings of Minor Routes=====&lt;br /&gt;
Existing overhead crossings that interfere with construction, maintenance, or operation should be relocated with their supports as near the right of way line as is practical. New overhead crossing installations should be located with their supports as near the right of way line as is practical.&lt;br /&gt;
&lt;br /&gt;
=====643.1.3.3.1.2 Underground Crossings of Minor Routes=====&lt;br /&gt;
All new utility facilities should be installed and maintained without cutting or damaging the pavement or paved shoulders. A variance may be granted for pavement cuts when servicing and maintaining the facility by any other methods is impractical. Pavement cuts may only be made by permits issued. Underground crossings of utility facilities are to be continuously encased under the pavement, medians, ramps, and shoulders with the casing extending to the toe of the fill slopes or to the ditch line. In curbed sections, encasement should extend outside the outer curb of the roadways a distance equal to the depth of the encasement at the curb line. Where installed by open trench through unpaved areas, detector tape should be placed approximately one foot (1&#039;) above the encasement.&lt;br /&gt;
&lt;br /&gt;
Manholes or vent pipes are to be located at the right of way line or adjacent to the outer roadway.&lt;br /&gt;
&lt;br /&gt;
For fiber optic cable, encasement should extend from within six feet (6&#039;) of one right of way line to within six feet (6&#039;) of the other right of way line.&lt;br /&gt;
&lt;br /&gt;
Exceptions may be made for encasement as listed in [[#643.1.4.2_Exceptions_to_Encasement|EPG 643.1.4.2]].&lt;br /&gt;
&lt;br /&gt;
====643.1.3.3.2 Parallel Installations along Minor Routes====&lt;br /&gt;
New parallel installations on the right of way may be permitted provided that poles are within two feet (2&#039;) of the normal right of way line and underground utility facilities are within the utility corridor. Existing overhead or underground utility facilities that parallel an existing roadway which will be incorporated into a completed highway may remain in place if all maintenance and service can be performed without entering or leaving the roadway except at approved access points; without parking equipment or storing materials on the median, pavement, ramps, or shoulders; and the existing location does not interfere with construction, maintenance, or operation of the completed highway. If an existing parallel utility facility needs to be relocated so as to not interfere with the construction, maintenance, or operation of the completed highway, poles may be located within five feet (5’) of the right of way line.&lt;br /&gt;
&lt;br /&gt;
Underground utility facilities are expected to be buried within the utility corridor of sight distance triangles (SDTs) at roadway intersections unless granted a variance. Overhead utility facilities may be allowed to span intersecting roadways with SDTs provided the poles, or supports, are located outside the SDT.&lt;br /&gt;
&lt;br /&gt;
====643.1.3.3.3 Sanitary Sewers within the Right of Way of Minor Routes====&lt;br /&gt;
New installations of sanitary sewers should follow the applicable guidelines for either underground crossings or parallel installations as appropriate. An existing gravity trunk sanitary sewer should be considered individually and removed or left in place contingent upon its age, condition, feasibility of moving, and maintenance access. If an existing parallel gravity main is left in place within the limits of the paved surface, paved shoulder lines, or curb lines, stub mains as required will be laid between the sewer main and curb or shoulder lines for future service connections in each block. Manholes should be relocated outside the traveled roadway.&lt;br /&gt;
&lt;br /&gt;
===643.1.3.4 Roundabouts===&lt;br /&gt;
Regardless of roadway type, it is desirable to avoid locating utility facilities and their access points within the circulatory roadway. If possible, utility facilities are located in the legs of the roundabout to allow for future maintenance and access at an isolated leg versus affecting the entire roundabout. See [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_5_TypicalLocationofUtilityFacilitiesnearRoundabouts_AOD.pdf EPG Figure 643.1.5] for an example.&lt;br /&gt;
&lt;br /&gt;
===643.1.3.5 Utility Facilities in Scenic Enhancement Areas===&lt;br /&gt;
All existing utility facilities within the limits of a scenic enhancement area requiring adjustment because of construction or reconstruction will be placed underground or relocated beyond the limits of the scenic enhancement area. No new above ground facilities will be permitted. New underground facilities will be permitted provided they do not extensively alter or impair the appearance of the area.&lt;br /&gt;
&lt;br /&gt;
==643.1.4 Installation of Utility Facilities==&lt;br /&gt;
The following sections provide information on the physical installation of utility facilities within highway right of way.&lt;br /&gt;
&lt;br /&gt;
===643.1.4.1 Minimum Cover for Underground Facilities===&lt;br /&gt;
The minimum cover for new underground utilities is:&lt;br /&gt;
* Forty-two inches (42”) for all water lines (parallel and crossings).&lt;br /&gt;
* Forty-two inches (42”) for fiber optic cable (crossings encased in rigid conduit).&lt;br /&gt;
* Seventy-two inches (72”) for fiber optic cable (crossings encased in polyethylene (PE) pipe).&lt;br /&gt;
* Thirty inches (30”) for direct burial and in trench fiber optic cable (parallel).&lt;br /&gt;
* Twenty-four inches (24”) for all other direct burial copper or coaxial cable, (parallel).&lt;br /&gt;
* Seventy-two inches (72”) for uncased polyethylene (PE) gas pipe crossings under ditches and roadways but thirty inches (30”) elsewhere.&lt;br /&gt;
* Thirty inches (30”) for all other (such as, but not limited to, gravity sewers, forced sewers, and electric) underground utilities (both parallel and crossing).&lt;br /&gt;
&lt;br /&gt;
===643.1.4.2 Exceptions to Encasement===&lt;br /&gt;
Exceptions may be made for encasement as follows:&lt;br /&gt;
* Non-fiber communication or electric cables installed in ducts.&lt;br /&gt;
* Welded steel pipelines carrying gaseous or liquid petroleum products - provided they are cathodically protected against corrosion, triple-coated in accordance with accepted pipeline construction standards, and meet applicable material requirements.&lt;br /&gt;
* Natural gas distribution pipe (nominal six-inch (6”) diameter maximum) of polyethylene (PE) plastic, traceable, installed by a horizontal bore method at a minimum depth of seventy-two inches (72”) under ditches and roadways, constructed in accordance with and meeting applicable material requirements.&lt;br /&gt;
* Gas service connections protected and constructed in accordance with and meeting applicable material requirements.&lt;br /&gt;
* Encasement is not required for new trunk sanitary sewer crossings of vitrified clay, reinforced concrete or cast iron except when installation procedures would produce voids in the roadbed, heavy fills, or installations under pressure.&lt;br /&gt;
&lt;br /&gt;
===643.1.4.3 Above Ground or Ground Level Appurtenances===&lt;br /&gt;
Appurtenances protruding more than four inches (4”) above the ground line should be located outside the clear zone. If no feasible alternative exists and if permitted by a variance, appurtenances may be allowed within the clear zone if they meet breakaway criteria or will be shielded by a traffic barrier. Good design practice will provide that appurtenances be located at right of way jogs, along intersecting road right of way, or at other similar acceptable locations, so that encroachment is held to an absolute minimum. Cables, wires, small diameter pipes, and other such utility appurtenances extending from the surface of the ground should be equipped with covers or guards to improve their visibility. Appurtenances within sidewalks or street level pedestrian access routes are to be in conformance with the Americans with Disabilities Act requirements.&lt;br /&gt;
&lt;br /&gt;
The maximum pull box width perpendicular to the right of way line within the utility corridor is thirty inches (30”).&lt;br /&gt;
&lt;br /&gt;
===643.1.4.4 Overhead Utility Facilities===&lt;br /&gt;
The vertical clearance of new or existing overhead installations will not be less than the current minimum requirements of the National Electric Safety Code, but in no case less than eighteen feet (18’) inclusive of sag above the groundline for electrical facilities. Clearance may be reduced for overhead installations of cable, telephone, or fiber optic facilities.&lt;br /&gt;
A minimum radial clearance of twenty-five feet (25’) is provided from any utility facility to the nearest part of any bridge structure. A minimum radial clearance of ten feet (10’) is provided from the nearest charged electrical line to a MoDOT signal, lighting, ITS, or overhead sign structure.&lt;br /&gt;
&lt;br /&gt;
===643.1.4.5 Approved Materials===&lt;br /&gt;
Utility owners are allowed to use any material for underground utility facilities including carrier and encasement provided they accept responsibility for any future repairs and/or replacement of damaged MoDOT facilities should a failure occur. This will allow the use of current technology and procedures to provide the best value to its subscribers and the taxpayers of Missouri. For materials that MoDOT also uses in its highway system, utility owners must provide materials that meet the current [https://www.modot.org/missouri-standard-specifications-highway-construction Missouri Standard Specifications for Highway Construction]. For materials not listed in the Missouri Standard Specifications for Highway Construction, the utility owner should provide documentation of the standards used to determine suitability of the material.&lt;br /&gt;
&lt;br /&gt;
===643.1.4.6 Cutting===&lt;br /&gt;
In the event permission is granted to cut an existing concrete or asphalt pavement or sidewalk, the appropriate provisions below should be followed.&lt;br /&gt;
&lt;br /&gt;
====643.1.4.6.1 Pavement====&lt;br /&gt;
All pavement cuts should be made with a saw to the full depth of the pavement. The width of the cut is typically determined by the width of the trench plus a minimum one foot (1’) on each side of the trench. In the event the distance to any adjacent longitudinal or transverse joint or crack is less than four feet (4’), the pavement must be removed to the joint or crack. Cuts for perpendicular service tie-ins should be a minimum of three feet (3’) wide. Longitudinal main installations are typically cut at a minimum of half the lane width, but in no instance should the cut be along the wheel path of the lane.&lt;br /&gt;
[[File:fig_643.1.6-06_2026.jpg|800px|none|thumb|Figure 643.1.6 Pavement Repair Dimension Requirements.]]&lt;br /&gt;
&lt;br /&gt;
The utility facilities should be placed in a location with the least impact to the roadway. Typically, this leads to placement in the shoulder when available followed by the two-way left turn lane (TWLTL), and then outside lanes before allowing placement in interior through lanes. Lane switching should be kept to a minimum and should not be used to minimize repair sizes. Cuts for mains or service leads that may not be perpendicular to the roadway should be squared-off.&lt;br /&gt;
&lt;br /&gt;
Replacement of cut pavement should be full depth concrete in accordance with the current version at the time of installation of Section 613.10 Full Depth Pavement Repairs of the Missouri Standard Specifications for Highway Construction and the Missouri Standard Plans for Highway Construction. If the area of the pavement repair is not to be fully resurfaced all joints including the overcut from the sawing operation should be filled with an expansive mortar, epoxy, polyester, or joint material as approved by the Engineer in accordance with Section 1057 of the Missouri Standard Specifications for Highway Construction.&lt;br /&gt;
&lt;br /&gt;
====643.1.4.6.2 Pedestrian Access Routes====&lt;br /&gt;
All cuts in the pedestrian access routes whether asphalt or concrete should be made by saw and be the full depth of the material. Entire slabs of concrete sidewalk should be removed. Repair of the pedestrian access route must meet Americans with Disability Act requirements, see [[:Category:642_Pedestrian_Facilities|EPG 642]]. Cuts through curb ramps or detectable warning areas are not permitted. Rather the entire curb ramp or detectable warning area must be removed and replaced. MoDOT district ADA contacts can help ensure ADA compliance of impacted pedestrian access routes.&lt;br /&gt;
&lt;br /&gt;
===643.1.4.7 Non-disturbance Areas===&lt;br /&gt;
MoDOT has certain areas of right of way where mowing, spraying, digging, or other vegetation disturbance activities are restricted. These areas have been established to mitigate the environmental impacts of a previous project and should be avoided. If the areas cannot be avoided, contact MoDOT’s Environmental Section.&lt;br /&gt;
&lt;br /&gt;
==643.1.5 Bridge Attachment Policy==&lt;br /&gt;
No utility facility will be permitted in or on a structure carrying an interstate or other freeway unless it is part of a federal requirement or for MoDOT’s use. When the structure carries any other road type and no other practical means exists for the crossing, wires (communication, electrical, fiber, or metal) will be permitted. Electrical lines must be located to cause minimum exposure to MoDOT maintenance personnel and the public. Pressurized pipelines for gas or other petroleum products and water and all sewer lines are prohibited on all structures due to the risks associated with their failure.&lt;br /&gt;
&lt;br /&gt;
===643.1.5.1 Agreement===&lt;br /&gt;
An agreement is required for all utility facilities attached to any structure. A charge will be made for the increased maintenance costs involved. This fee is set by the Bridge Division. When permitted, a 50-year occupational agreement is executed with the utility owner. Agreement BR04 Utility Attachment Agreement is used when an attachment is added to a bridge during its construction. Agreement BR09 Bridge Attachment Agreement is used when an attachment is added to an existing bridge.&lt;br /&gt;
&lt;br /&gt;
===643.1.5.2 Requests===&lt;br /&gt;
Requests to attach facilities to structures is a multi-step process. Bridge Division is responsible for approval of the bridge attachment. If at any point in the process, Bridge Division determines the attachment to be unacceptable, a reason is to be provided.&lt;br /&gt;
&lt;br /&gt;
To start, the utility owner submits a conceptual request to the district utilities staff. The conceptual request consists of an explanation of the proposal; a general location sketch (i.e., which side of the bridge); and details on the facility, length, and weight per foot when full. The district utilities staff should work with all relevant district personnel including the District Bridge Engineer in reviewing and recommending the attachment. The district utilities staff will submit the recommended details to the Bridge Division to determine the applicable costs including future maintenance costs and for attachments to new bridges, design and construction. Once the Bridge Division has determined the cost, the district utilities staff shares the cost with the utility owner for their concurrence with furthering the process. For new bridges, if the utility owner concurs with the costs, the district utility staff will prepare the BR04 Agreement for execution by the utility owner and the Commission. MoDOT will be responsible for the design and construction of attachments to new bridges. For existing bridges, the district utilities staff will forward the applicable as-built bridge plans to the utility owner for its use in designing the bridge attachment. The utility owner will provide detailed design drawings, signed and sealed by a professional engineer in the State of Missouri, to the district utilities staff for review. The district utilities staff should work with all relevant district personnel, including the District Bridge Engineer, in reviewing and recommending the details of the attachment to the Bridge Division. Once Bridge Division approves, the Bridge Division will prepare the BR09 Agreement for execution by the utility owner and the Commission. The utility owner is responsible for the construction of attachments to existing bridges. A flow chart, [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_7_BridgeAttachementProcess_AOD.pdf EPG Figure 643.1.7], of the process is available.&lt;br /&gt;
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Payment from the utility owner for the attachment will be sent to Financial Services by district utilities staff. For BR04 agreements, district utilities staff should discuss with Financial Services how to get the payment credited to the project constructing the attachment. For BR09 agreements, district utilities staff should copy Bridge Division on correspondence with Financial Serves. Checks should be made payable to Director of Revenue, Credit State Road Fund.&lt;br /&gt;
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For requests from government entities such as cities, counties, and other municipalities, the requested information should be submitted to Bridge Division as described above. However, the district utilities staff will take the lead in preparing the DE10 County Agreement or DE11 Municipal Agreement, as applicable, with input from Bridge Division and Bridge Maintenance. All fees are waived for government entities.&lt;br /&gt;
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===643.1.5.3 Considerations===&lt;br /&gt;
The following considerations are made in determining the acceptability of a bridge attachment. Unique situations will be discussed with the Bridge Division as required.&lt;br /&gt;
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====643.1.5.3.1 Bridge Asset Management Program====&lt;br /&gt;
Requests for bridge attachments should be reviewed for consistency with the district’s upcoming bridge asset management program needs. If a structure is due for rehabilitation or replacement in the near future, information should be provided to the utility owner indicating existing remaining life of the bridge. In some instances, it may be in MoDOT’s best interest to deny the request for attachment outright. In some instances, the utility owner may still choose to pursue the short-term attachment to the existing structure. In almost all cases, the utility owner is responsible for the cost of removing and/or relocating their utility facilities for a necessary repair, widening, improvement or reconstruction of the structure. Review existing agreements for cost responsibility for current attachments.&lt;br /&gt;
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====643.1.5.3.2 Aesthetics====&lt;br /&gt;
In reviewing a request for a bridge attachment, how the structure is viewed by the public will be considered. For example, is the structure over a scenic stream that is extensively used by canoeists, or does the structure span a road that may provide access to a park, campgrounds, or boat launching facilities? Is the structure a grade separation where the motoring public will see the attachment before they pass under it?&lt;br /&gt;
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====643.1.5.3.3 Method of Attachment====&lt;br /&gt;
In order to maintain structural integrity of any structures the following requirements will apply for attachments.&lt;br /&gt;
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=====643.1.5.3.3.1 Welding=====&lt;br /&gt;
Welding of hardware to structural steel members (i.e., flanges, webs, stiffeners, and diaphragms) whether in tension or compression is not permitted.&lt;br /&gt;
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=====643.1.5.3.3.2 Drilling=====&lt;br /&gt;
Drilling holes in any structural steel member is not permitted. Drilling holes for anchors into any prestressed concrete member is not permitted. Although permitted, drilling holes for anchors into the underside of bridge decks must be done with caution. It is recommended all anchors be installed to miss deck reinforcing steel. Generally, drilling into decks will not be allowed where sonotubes were used (voided slab bridges). The depth of the holes should be such that breaking out of the concrete on the top side of the deck does not occur.&lt;br /&gt;
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=====643.1.5.3.3.3 Corrosion=====&lt;br /&gt;
Attachment hardware will be new, properly coated to prevent corrosion or be of a non-corrosive material, and be designed to support the facility.&lt;br /&gt;
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====643.1.5.3.4 Location====&lt;br /&gt;
In general, attachments are made on the underneath side of the bridge deck. The condition of the bridge deck will dictate the location of the attachment supports. An exception may be attachments to trusses or other overhead structures.&lt;br /&gt;
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Attachments that may require manholes in bridge decks are not allowed.&lt;br /&gt;
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When attachments are required to structures over streams that may carry large drifts, they must be attached to the downstream side of the structure and above the lowest superstructure element. It is preferred to locate the attachment on the outside of the exterior girder. If aesthetics are a concern, a better appearance can be achieved by having the attachment made to the inside of the exterior girder and above the bottom of the lower flange to hide the conduit and the attaching hardware.&lt;br /&gt;
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Placement of utilities must not prevent the removal of old paint, the application of new paint on superstructure steel, or cause debris buildup, which could cause structural deterioration.&lt;br /&gt;
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====643.1.5.3.5 Construction and Maintenance====&lt;br /&gt;
If the attachment cannot be built while maintaining one (1) lane of traffic on the structure, it will not be allowed.&lt;br /&gt;
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Construction procedures that severely impact traffic may factor into the allowable location of the attachment on the structure.&lt;br /&gt;
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When scaffolding is to be attached or supported by bridge rails, bridge superstructure, or bridge substructure, the procedures for construction of the attachment must be reviewed.&lt;br /&gt;
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The utility owner or local entity will pay for, or be responsible for, the painting of the attachment, if necessary, when the bridge requires painting.&lt;br /&gt;
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==643.1.6 Private Lines==&lt;br /&gt;
Private lines are permitted to cross the right of way of a highway in the same manner as outlined for all utility facilities in above sections of this article. Parallel installations along the right of way of a highway are not permitted. Special conditions at a specific location that make adherence to this policy impractical will be submitted to the Chief Engineer for consideration of an acceptable alternative. In certain situations, it may be necessary to obtain approval from the Federal Highway Administration (FHWA) before approval to use the alternative can be given to the private utility owner.&lt;br /&gt;
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==643.1.7 Water and Sewer Separations==&lt;br /&gt;
The Missouri Department of Natural Resources (MoDNR) Safe Drinking Water Commission via 10 CSR 60-10 and Clean Water Commission via 10 CSR 20-8 govern the design of water and sewer lines in the vicinity of one another. Basic criteria are outlined below for information, and details are contained within the regulations. MoDOT is not responsible for providing or acquiring adequate right of way for utility owners to comply with MoDNR requirements.&lt;br /&gt;
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===643.1.7.1 Water and Sewer Separations===&lt;br /&gt;
====643.1.7.1.1 Horizontal====&lt;br /&gt;
Sanitary and storm sewers are to be laid at least ten feet (10’) horizontally measured from outside edge to outside edge from any existing or proposed water main. In cases where it is not practical to maintain ten feet (10’) of separation, installation of the water main closer to the sewer is acceptable where the water main is installed in a separate trench or on an undisturbed earth shelf located on one (1) side of the sewer at an elevation so the bottom of the water main is at least eighteen inches (18”) above the top of the sewer.&lt;br /&gt;
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===643.1.7.2 Crossings===&lt;br /&gt;
Water mains are to be laid to provide a minimum vertical distance of eighteen inches (18”) vertically measured outside edge to edge from sanitary or storm sewers. This is the case whether the water main is above or below the sewer. One (1) full length of water pipe must be located so both joints will be as far from the sanitary or storm sewer line as possible. Special structural support for the water main or sanitary or sewer main may be required.&lt;br /&gt;
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===643.1.7.3 Exception===&lt;br /&gt;
When it is impossible to obtain proper horizontal and vertical separation as stipulated, the sewer will be designed and constructed equal to water pipe and will be pressure-tested to assure it is watertight prior to backfilling.&lt;br /&gt;
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===643.1.7.4 Water Supply Interconnections===&lt;br /&gt;
No physical connection is permitted between a public or private potable water supply system and any sanitary or storm sewer or appurtenance that would permit the passage of any sewage or polluted water into the water supply. No water pipe is permitted to pass through or come in contact with any part of a sanitary sewer manhole.&lt;br /&gt;
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===643.1.7.5 Water Works Structures===&lt;br /&gt;
Sewers are not permitted to be installed within fifty feet (50’) in any direction from any existing or proposed public water supply well or other water supply sources or structures.&lt;br /&gt;
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==643.1.8 Variances==&lt;br /&gt;
Occasionally, it is impractical to locate a utility facility in accordance with requirements outlined in this article. MoDOT may consider a utility owner’s request for a variance from these requirements on a case-by-case basis. The utility owner should complete a [https://epg.modot.org/forms/general_files/DE/UtilityVarianceApprovalForm.docx Utility Variance Approval Form] to be submitted to MoDOT for consideration. Variances on the Interstate System require approval of the Federal Highway Administration (FHWA). A flow chart, [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_8_VarianceApprovalProcess.pdf EPG Figure 643.1.8], of the variance process is available.&lt;br /&gt;
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A variance will not be permitted just for the convenience of the utility owner. The utility owner requesting a variance must provide all necessary information to properly evaluate if a variance should be approved. For example, a utility owner requesting a variance because “the utility corridor is full” must explore all reasonable options. It is suggested that the requestor pothole the existing utility corridor to confirm the location of existing utility facilities and provide that data to support the need to locate outside of the utility corridor due to its congestion.&lt;br /&gt;
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===643.1.8.1 Variance Process===&lt;br /&gt;
Any utility owner of a public utility facility may apply for a variance. The process for requesting a variance is as follows:&lt;br /&gt;
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====643.1.8.1.1 Submittal Requirements====&lt;br /&gt;
Utility owners submit to the district utilities staff a written request for a variance using the [https://epg.modot.org/forms/general_files/DE/UtilityVarianceApprovalForm.docx Utility Variance Approval Form]. The utility owner must clearly show the provision(s) or guideline(s) for which the variance is being requested; the condition(s) which the utility owner believes warrant(s) the granting of a variance; a thorough explanation of the reason(s) for the requested variance, including sufficient and appropriate documentation of safety, aesthetic, or constructability constraints that would be adverse to the function, access, or maintenance of the utility facility and not in the best interest of the public.&lt;br /&gt;
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====643.1.8.1.2 MoDOT Consideration of Variance Request====&lt;br /&gt;
The utility owner bears full responsibility for demonstrating to MoDOT’s satisfaction that the variance is the most appropriate way to serve the public interest. MoDOT may present to the utility owner and the utility owner must consider reasonable alternatives to the variance requested by the utility owner. In determining whether to grant a variance, district utilities staff will consider all relevant factors including, but not limited to: the requested variance is reasonably necessary for the convenience, safety, health, and/or welfare of the public; there is an exceptional or undue burden or hardship on the specific applicant; a physical impracticability that would result from the applicant’s adherence to the normal location requirements; and the requested variance will not impair the safe construction, maintenance, operation, and safety of public travel on the highway. District utilities staff may consult with the Design Liaison Engineer in evaluating variances.&lt;br /&gt;
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====643.1.8.1.3 Approval of Variances====&lt;br /&gt;
Once district utilities staff have agreed to accept a variance proposed by the utility owner, the [https://epg.modot.org/forms/general_files/DE/UtilityVarianceApprovalForm.docx Utility Variance Approval Form] and all supporting documentation is sent to the District Design Engineer (DDE) for approval. If a variance is on interstate right of way, the DDE-signed Variance Request Form and all supporting documentation is forwarded to the Design Liaison Engineer who will forward to FHWA for their concurrence.&lt;br /&gt;
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====643.1.8.1.4 Variance Appeal Informal Hearing====&lt;br /&gt;
If denied a variance, the utility owner has thirty (30) calendar days to request an informal hearing for the purpose of appealing the denial. Requests must be made in writing to the State Design Engineer, Missouri Department of Transportation, P.O. Box 270, Jefferson City, MO 65102. If the utility owner requests an informal hearing, MoDOT’s authorized representative will advise the applicant of the time, date, and place of the hearing. The hearing is not a contested case under RSMo 536. The rules of evidence will not apply at the hearing, and MoDOT’s decision after the conduct of the hearing is not subject to further appeal.&lt;br /&gt;
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==643.1.9 Excess Right of Way==&lt;br /&gt;
Prior to conveyance of excess right of way, the status of utility facilities within said parcel must be addressed. See [[236.5_Property_Management#236.5.12_Excess_Land_Conveyances_&amp;amp;_Relinquishments_–_Regulated_Utilities|EPG 236.5.12]].&lt;br /&gt;
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==643.1.10 Broadband==&lt;br /&gt;
Broadband development in the state of Missouri is handled by the Department of Economic Development (DED). MoDOT shares its approved Statewide Transportation Improvement Program (STIP) project list with DED. All MoDOT policies related to placement of utility facilities within Commission right of way as outlined in this EPG 643.1 are to be followed.&lt;br /&gt;
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&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643.2 Utilities in Program Delivery &#039;&#039;PAGE TITLE&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt; &lt;br /&gt;
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==643.2.1 Introduction==&lt;br /&gt;
Improvements to the highway system often require negotiation between the Commission and a city, a county, or a public or private utility owner. The Commission’s district utilities staff is responsible for coordination of highway improvement projects with the utility owner’s representative. The impact to a utility, the responsibility for the cost of adjustments necessary to allow highway construction, the plan of adjustment of the utility, the responsibility of performance of work on utility facilities, and the schedule of the utility adjustment are all items that vary depending on the project and should be investigated and negotiated to ensure highway improvement projects are delivered on-time and on-budget. These should comply with Commission policy. A flowchart [link here] outlining all the utility adjustment processes (reimbursable and non-reimbursable relocations, Master Reimbursable Utility Agreements and Project Specific Agreements, etc.) are available in the list of figures at the top of the page. These processes will not always be in combination, but each should be considered with each project.&lt;br /&gt;
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The district utilities staff, in conjunction with the Transportation Project Manager (TPM), is expected to invite and encourage participation of utility owner representatives in MoDOT project meetings as needed.&lt;br /&gt;
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When a project involves utility adjustments for which the Commission is responsible for costs, the TPM should program the costs of the utility adjustments as non-contractual construction costs in the STIP Information Management System (SIMS).&lt;br /&gt;
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==643.2.2 Annual Utility Meeting==&lt;br /&gt;
Each district should hold an annual meeting with utilities to discuss current STIP projects in the district. The annual meeting should be held during each year&#039;s STIP preparations, ideally between January and May. All utility owners that have utility facilities in the district should be invited. The intent is to provide the utility owners with an idea of upcoming projects to allow them the opportunity to plan and budget for potential adjustments of their utility facilities, identify both MoDOT and utility roadblocks, and develop action plans to complete utility adjustments better, faster, and cheaper.&lt;br /&gt;
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==643.2.3 Determination of Existing Utilities==&lt;br /&gt;
District utilities staff should determine the appropriate level of effort needed to accurately identify existing utilities within the footprint of a proposed highway construction project. Aboveground utilities are easily identifiable via field checks; however, determination of the precise location of underground utilities can be more challenging and time consuming. Therefore, the district utilities staff should balance the risk of conflict with the highway construction project against the level of effort needed to determine the location.&lt;br /&gt;
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The level of effort on mapping utilities is dependent on the scope of the project and the potential for utilities having an impact on the construction of the project. The project schedule should include the time to complete this task accurately. The time and effort necessary for having accurate locates requires close interaction with the utility locators. Early contact with utility owner representatives may be necessary to accurately locate underground utility facilities.&lt;br /&gt;
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Various methods of determining existing underground utilities result in different levels of quality. ASCE Standard 38 Standard Guidance for Investigating and Documenting Existing Utilities classifies four levels of quality:&lt;br /&gt;
:1. Quality Level D: QL-D is the most basic level of information for utility locations. It comes solely from existing utility records or verbal recollections, both typically unreliable sources. It may provide an overall &amp;quot;feel&amp;quot; for the congestion of utilities but is often highly limited in terms of comprehensiveness and accuracy. QL-D is useful primarily for project planning and route selection activities.&amp;lt;br&amp;gt;&lt;br /&gt;
: Missouri 811 or “private-locate” markings are to be considered to be QL-D.&lt;br /&gt;
:2. Quality Level C: QL-C is probably the most used level of information. It involves surveying visible utility facilities (e.g., manholes, valve boxes, etc.) and correlating this information with existing utility records (QL-D information). When using this information, it is not unusual to find that many underground utilities have been either omitted or erroneously plotted. Therefore, its usefulness is primarily on rural projects where utilities are not prevalent or are not too expensive to repair or relocate.&lt;br /&gt;
:3. Quality Level B: QL-B involves the application of appropriate surface geophysical methods to determine the existence and horizontal position of virtually all utilities within the project limits. This activity is called &amp;quot;designating&amp;quot;. The information obtained in this manner is surveyed to project control. It addresses problems caused by inaccurate utility records, abandoned or unrecorded utility facilities, and lost references. The proper selection and application of surface geophysical techniques for achieving QL-B data is critical. Information provided by QL-B can enable the accomplishment of preliminary engineering goals. Decisions regarding location of storm drainage systems, footers, foundations, and other design features can be made to avoid conflicts with existing utilities. Slight adjustments in design can produce substantial cost savings by eliminating utility relocations.&lt;br /&gt;
:4. Quality Level A: QL-A, also known as &amp;quot;locating or potholing&amp;quot;, is the highest level of accuracy presently available and involves the full use of the subsurface utility engineering services. It provides information for the precise plan and profile mapping of underground utilities through the nondestructive exposure of underground utilities, and provides the type, size, condition, material, and other characteristics of underground features.&lt;br /&gt;
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For projects with scopes that have potential for utility conflicts, the minimum level of effort required is SUE Quality Level D. Locations of existing utilities are determined by requesting locates through Missouri 811, also known as the “One-Call” process. Missouri 811 locating requests should be carefully considered for the scope of work of the project. When necessary, the location of existing utilities should be established by a field survey of locate markings and features and shown on the roadway plans. Higher level SUE Quality Levels can be used on any project. Adjustment cost savings, whether to the MoDOT or to the utility owner, are beneficial to the taxpayer. Good SUE projects are typically urban in nature, or in congested areas, where the project footprint is to be minimized, or anytime accurate vertical and horizontal location of the utility facility might allow a design to avoid the utility facility thus preventing the need for the adjustment. The SUE process combines civil engineering, surveying, and geophysics. It utilizes several technologies, including vacuum excavation and surface geophysics.&lt;br /&gt;
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When proposed excavation or installation of subsurface features (drainage, equipment bases, etc.) falls within three feet (3’) of a marked Missouri 811 line, soft digging (hand digging, potholing, vacuum methods, pressurized air/water jetting, pneumatic hand tools, etc.) is required to more exactly locate the utility facility both horizontally and vertically. Utility facilities present within the right of way by permit, should be investigated by the utility owner. Utility facilities that would be reimbursable or partially reimbursable as defined in EP 643.2.8 will be investigated by MoDOT.&lt;br /&gt;
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==643.2.4 Conflict Determination==&lt;br /&gt;
Determination of whether a conflict exists between an existing utility facility and a proposed highway improvement project should occur at the earliest possible stage of project development. A conflict may be the result of the physical interaction between the roadway infrastructure and utility facility, a reduction in cover or increase in fill over underground utilities, a reduction in horizontal clearance whether above or below ground, a reduction in overhead vertical clearance, paving over utilities, or restricting a utility owner’s access to its utility facilities. District utilities staff should work with utilities to determine if a conflict exists and the appropriate plan of adjustment to remedy the conflict. The adjustment to the utility may be a relocation or another measure that protects the utility or access to the utility from the proposed highway improvement project. Determination of a conflict needs to be continually re-evaluated as the project design progresses. Continuing coordination is essential.&lt;br /&gt;
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==643.2.5 Utility Plan of Adjustment==&lt;br /&gt;
===643.2.5.1 Request for Plan of Adjustment===&lt;br /&gt;
District utilities staff will request a plan of adjustment from utility owners whose utility facilities are in conflict with a proposed highway project. The plan of adjustment may consist of efforts to relocate the utility or otherwise protect a utility from the impacts of the proposed highway project. Utilities are shown on the roadway plan and profiles sheets that are furnished to utility owners for use in planning required utility adjustments. Any other sheets such as drainage, traffic signal, lighting, or ITS plans that show impacts to a utility facility should also be provided to the utility owners. All adjustments, reimbursable or not, require a plan of adjustment furnished by the utility owner.&lt;br /&gt;
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A transmittal letter is included in the request for a plan of adjustment. The letter informs the utility owner that regardless of whether an adjustment is reimbursable, no physical adjusting or relocating of their utility facilities to accommodate the proposed highway improvement is to be performed without specific approval and authorization. Additionally, if any part of the adjustment has the potential to be reimbursable, they are advised:&lt;br /&gt;
# They may undertake preliminary engineering by their own forces upon approval by district utilities staff of the estimated costs of preliminary engineering.&lt;br /&gt;
# They may employ a consultant to do the PE work provided they request and obtain prior approval. See [[#643.2.6_Preliminary_Engineering_Requirements|EPG 643.2.6 Preliminary Engineering Requirements]].&lt;br /&gt;
# Any preliminary engineering costs accrued prior to the date of written authorization to proceed will not qualify for reimbursement.&lt;br /&gt;
# Replacement right of way or easements cannot be purchased without specific approval and authorization.&lt;br /&gt;
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===643.2.5.2 Proposed Plan of Adjustment===&lt;br /&gt;
Developing a plan of adjustment is a multi-step process. The utility owner will propose a conceptual approach to adjusting the utility facilities to allow highway construction. This conceptual approach is used as the basis for determining cost responsibility, estimate of costs for preliminary engineering and construction, developing the agreement if necessary, and final design of the adjustment. Negotiations between district utility staff and the utility owner’s representative can result in changes to the design throughout the process.&lt;br /&gt;
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Final plans of adjustment must contain a legend on the first sheet identifying the utility symbols used. They must also show the existing utility facilities and their disposition, the location of the new or adjusted utility facilities, the existing and new right of way lines, the limited or fully controlled access symbols (where applicable), the existing and proposed roadways, ramps, and outer roadways and any other pertinent roadway information. They must contain sufficient details concerning location, elevation, compaction, clean up, etc. to provide for the proper adjustment of the utility facility. Relocated and/or existing utility facilities that will remain in place must be dimensioned or indicated in a manner to show their location in respect to the right of way lines. It is preferred that the utility owner transmits the plan of adjustment by electronic deliverables in a format that can be incorporated into the roadway plans. This will reduce the time and effort necessary as well as increase the accuracy of transferring this information into the roadway plans.&lt;br /&gt;
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Plans of adjustment received from the utility owner are to be checked for compliance with MoDOT’s requirements ([[#643.1_Utilities_Location|EPG 643.1 Utility Location]]) by the district utilities staff. They are also checked to ensure compatibility with the roadway design. Any continuing conflicts are resolved through negotiations with the utility owner.&lt;br /&gt;
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Occasionally, it is impractical to perform a utility adjustment in accordance with MoDOT’s requirements. Sometimes the utility may request approval of a plan of adjustment that does not conform to these requirements. Deviation from MoDOT’s utility requirements is a variance. Refer to [[#643.1.8_Variances|643.1.8 Variance Process]] for additional guidance.&lt;br /&gt;
The final plan of adjustment is included as Exhibit “A” to the agreement ([[#643.2.12_Utility_Agreements|EPG 643.2.12 Agreements]]).&lt;br /&gt;
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==643.2.6 Preliminary Engineering Requirements==&lt;br /&gt;
Preliminary engineering (PE) can be performed one of four ways for utility adjustments:&lt;br /&gt;
# The utility owner can use its own engineering forces.&lt;br /&gt;
# MoDOT can select an engineering consultant, after consultation with the utility owner, and the consultant contract will be administered by MoDOT.&lt;br /&gt;
# The utility owner can select an engineering consultant, with approval by MoDOT, and the consultant contract will be administered by the utility owner.&lt;br /&gt;
# If a utility adjustment is being included in a MoDOT administered construction contract, the preliminary engineering of the adjustment can be provided by MoDOT.&lt;br /&gt;
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For reimbursable utility adjustments, the amount paid to engineers, architects, and others for required engineering and allied services can be included in reimbursement amount provided such amounts are not based on a percentage of the costs of the necessary adjustments to allow highway construction. Reimbursement is available for contracts executed after solicitation of a consultant for the specific adjustment or existing continuing contracts when it is demonstrated that such work is performed regularly for the utility owner in its own work and that the costs are reasonable.&lt;br /&gt;
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A [https://epg.modot.org/forms/general_files/DE/UtilityConsultantContractChecklist.docx checklist is available for reviewing consultant-engineering contracts] to ensure the contract conforms to MoDOT policy and complies with applicable federal regulations. District utilities staff should use the checklist to review contracts and may consult with Audits and Investigations Division as necessary. The procedures in 23 CFR part 172, Administration of Engineering and Design Related Service Contracts may be used as a guide for reviewing proposed consultant contracts. [[:LPA:136.4_Consultant_Selection_and_Consultant_Contract_Management|EPG 136.4 Consultant Selection and Consultant Contract Management]] may also be used as a guide.&lt;br /&gt;
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===643.2.6.1 Solicited Consultant Contracts===&lt;br /&gt;
If solicitation of PE services is required for reimbursable utility adjustments, the utility owner must provide the following documents and information to district utilities staff. These documents need to be provided as soon as the utility owner has chosen to solicit a consultant. Document 1 must be supplied by all utility owners. Documents 2 and 3 are only required when the utility owner is a local government agency who is also a political subdivision of the state of Missouri (e.g., city-owned utilities, county-owned utilities). All other utility owners are encouraged, but not required, to provide Documents 2 and 3:&lt;br /&gt;
# A statement that the utility owner is not staffed or able to perform the required PE services with its own forces.&lt;br /&gt;
# Provide the names of at least three (3) consultants considered.&lt;br /&gt;
# The criteria used to evaluate each consultant and reasons why the selected consultant was selected.&lt;br /&gt;
&lt;br /&gt;
The following documents need to be provided as soon as the utility owner has successfully negotiated and entered into a contract with the consultant:&lt;br /&gt;
# The name and address of the selected consultant.&lt;br /&gt;
# A statement that the &amp;quot;[https://epg.modot.org/forms/general_files/DE/CertificationOfConsultant.docx Certification of Consultant]&amp;quot; will be furnished immediately upon award of the contract to the consultant.&lt;br /&gt;
# One executed copy of the proposed engineering contract or agreement between the utility owner and consultant, only if the engineering will exceed $5,000.00.&lt;br /&gt;
# The consultant&#039;s fixed (lump sum) or estimated fee (actual cost) and the contract maximum.&lt;br /&gt;
# A cost summary providing a detailed breakdown of the basis for the consultant&#039;s compensation, including estimated labor hours, hourly rates for each classification, overhead rate (if used), the amount of profit charged, and any other estimated charges such as travel expenses, equipment rentals, etc. If an overhead rate is used, the consultant must also submit the supporting overhead rate calculations.&lt;br /&gt;
# An independent cost estimate of engineering services provided by the utility owner to use in comparison to the consultant’s proposed engineering services to check for cost reasonableness.&lt;br /&gt;
&lt;br /&gt;
===643.2.6.2 Continuing Consultant Contracts===&lt;br /&gt;
When a utility owner chooses to use an existing continuing contract for PE services, the utility owner must provide the following documents and information to the district utilities staff as soon as possible.&lt;br /&gt;
# A statement that the utility owner is not staffed or able to perform the engineering with its own forces.&lt;br /&gt;
# The name and address of the consultant under the existing continuing contract.&lt;br /&gt;
# A statement that the &amp;quot;[https://epg.modot.org/forms/general_files/DE/CertificationOfConsultant.docx Certification of Consultant]&amp;quot; will be furnished.&lt;br /&gt;
# A copy of the continuing contract to the district utilities staff. The district utilities staff will review the contract for reasonableness of cost.&lt;br /&gt;
# The consultant&#039;s fixed (lump sum) or estimated fee (actual cost) and the contract maximum for the work associated with the utility adjustment.&lt;br /&gt;
# A cost summary providing a detailed breakdown of the basis for the consultant&#039;s compensation, including estimated labor hours, hourly rates for each classification, overhead rate (if used), the amount of profit charged, and any other estimated charges such as travel expenses, telephone, etc. If an overhead rate is used, the consultant must also submit the supporting overhead rate calculations.&lt;br /&gt;
# An independent cost estimate of engineering services provided by the utility owner to use in comparison to the consultant’s proposed engineering services to check for cost reasonableness.&lt;br /&gt;
&lt;br /&gt;
===643.2.6.3 Consultant Contract Changes===&lt;br /&gt;
If a PE services contract between a utility owner and a consultant needs to be revised, a copy of the revised contract, fee, and schedule should be submitted by the utility owner to the district utilities staff prior to allowing for contract changes. District utilities staff should review the contract changes to ensure the revised contract conforms to MoDOT policy and complies with applicable federal regulations.&lt;br /&gt;
&lt;br /&gt;
==643.2.7 Environmental and Right of Way==&lt;br /&gt;
===643.2.7.1 Utilities and Environmental Clearances===&lt;br /&gt;
District utilities staff should coordinate with the TPM and utility owner’s representative to understand and communicate on known environmental and cultural constraints that could impact a utility owner’s plan of adjustment. This will allow the utility owner to consider permitting timelines and alternatives that avoid environmental or cultural resources to keep the project on schedule.&lt;br /&gt;
&lt;br /&gt;
One strategy to make project delivery more efficient and ensure regulatory compliance is for MoDOT to obtain the environmental and cultural resource permits and clearances for the utility owners associated with a roadway improvement while obtaining its own. This would generally only be for the permits and regulatory clearances MoDOT already needs to pursue as a part of the transportation improvement.&lt;br /&gt;
&lt;br /&gt;
District utilities staff should coordinate with the utility owner’s representative early in the project timeline to determine if it is in the best interest of both MoDOT and the utility owner to obtain permits and environmental clearances jointly. The following strategies can be utilized to determine if a joint approach to environmental work should be pursued:&lt;br /&gt;
* If utility facilities are moving to a location within or immediately adjacent to MoDOT right of way, a utility owner may be invited to participate in permitting and environmental compliance activities.&lt;br /&gt;
* If utilities move to a location not within or adjacent to MoDOT right of way, the utility company would not normally be invited to participate in permit applications and environmental compliance activities. However, some unique projects may necessitate further attention and should be discussed with the Design Liaison Engineer.&lt;br /&gt;
&lt;br /&gt;
If MoDOT and the utility owner agree to obtain joint permits and clearances, written communication between the utility owner’s representative and the district utilities staff should document the following items:&lt;br /&gt;
* List of the permits and clearances that MoDOT will acquire on behalf of the utility owner.&lt;br /&gt;
* List of the information needed from the utility owner in order for MoDOT to acquire the permits and clearances.&lt;br /&gt;
* Schedule and deadlines for submittal of the information by the utility owner. For example: utility plans, fill quantities, construction methods, dates, or seasons of construction.&lt;br /&gt;
&lt;br /&gt;
Permits and clearances that may be needed by both a utility owner and MoDOT include:&lt;br /&gt;
* [[127.7_Threatened_and_Endangered_Species|Endangered Species Act consultation and clearance]]&lt;br /&gt;
* [[127.2_Historic_Preservation_and_Cultural_Resources#127.2.1.1_Historic_Preservation_Regulations_and_Laws|Section 106 of the National Historic Preservation Act clearance]]&lt;br /&gt;
* [[127.10_Section_4(f)_Public_Lands|Section 4(f) clearance]]&lt;br /&gt;
* [[127.10_Section_4(f)_Public_Lands#127.10.1.4_Section_6(f)_Laws_and_Regulations|Section 6(f) of the Land and Water Conservation Fund Act clearance]]&lt;br /&gt;
* [[127.4_Wetlands_and_Streams|Section 401 and Section 404 of the Clean Water Act permits]]&lt;br /&gt;
* [[:Category:806_Pollution,_Erosion_and_Sediment_Control#806.1_Introduction_(see_Sec._806)|Section 402 of the Clean Water Act permit (State Operating Permit for Erosion Control)]]&lt;br /&gt;
* [[127.8_Hazardous_and_Solid_Waste|Recommendations on contaminated soil disposition]]&lt;br /&gt;
&lt;br /&gt;
===643.2.7.2 Right of Way Acquisition and Utilities===&lt;br /&gt;
The Commission is obligated to acquire the width of right of way required by the design of the highway improvement. For utility facilities currently located within the Commission’s right of way, this includes the necessary space for the utility facilities impacted by the design of the highway improvement. Either additional right of way width to accommodate a utility corridor or a utility easement can be obtained for the relocation of utility facilities. When drainage easements are acquired along a channel, additional space for utility facilities should be considered to avoid conflicts between the utility facility and the bridge or culvert.&lt;br /&gt;
&lt;br /&gt;
District utilities staff should inform the utility owner’s representative of the potential of a conflict between an existing utility facility and a proposed highway construction project early in the project development process to allow sufficient time for the utility owner to prepare a plan of adjustment and notify the district utilities staff of any easement needs. When utility facilities are located on a utility owner’s private easement, the utility owner may obtain its own new easements. If the utility owner is not in a position to negotiate for new easements or if the utility owner’s policies will not permit it to condemn property to obtain the easement, MoDOT can acquire the easement in the same manner roadway right of way is obtained. The district utilities staff should verify the utility owner is aware of the opportunity to have MoDOT acquire the easement, and the utility owner should provide written documentation on whether the utility owner would like to pursue this option with MoDOT.&lt;br /&gt;
&lt;br /&gt;
For situations where the utility owner will obtain its own replacement right of way and the cost of the adjustment is MoDOT’s responsibility, the utility right of way cost should be reviewed by the district right of way department to ensure the cost is reasonable and acquisition followed state and federal regulations. In order to expedite utility adjustments necessary to allow highway construction, the district utility staff may authorize the utility owner to obtain easements prior to all details of a plan of adjustment being developed. In this situation, the district utilities staff should ensure enough details are known to justify the needed right of way, and an agreement for right of way costs only should be executed with the utility owner.&lt;br /&gt;
&lt;br /&gt;
For situations where MoDOT will obtain the right of way necessary to allow highway construction, district utility staff should negotiate with the utility owner’s representative to ensure all necessary utility easements are shown on the approved right of way plans. The TPM should confirm with district utilities staff that the right of way plans accurately reflect the needs of the utility owners prior to requesting right of way plan approval. The district Right of Way Manager should confirm with district utilities staff before requesting an acquisition date (A-date). Every effort should be made to avoid adding utility easement requests once negotiations with property owners have begun.&lt;br /&gt;
&lt;br /&gt;
Occasionally, when negotiations cannot be completed for easements for the adjustment of utility facilities, it may be necessary to condemn for the property. District utilities staff should coordinate with the utility owner’s representative to ensure no alternate design for the adjustment of the utility facility is practical. The decision to condemn for easements for the adjustment of the utility facilities requires the exercise of good judgment in reaching the conclusion that further good faith negotiations are futile and condemnation is necessary to maintain the project in the scheduled letting. The TPM should coordinate with the district utilities staff and district Right of Way (RW) personnel on the condemnation proceedings.&lt;br /&gt;
&lt;br /&gt;
Easement and other right of way documents used with utility owners are handled in accordance with procedures established jointly with RW and district utilities staff. District survey staff prepare the land descriptions for use in utility easements. The district utilities staff is responsible for completion of the easements in the correct form and scope. A sketch delineating the area described is attached to the easement as Exhibit “A”. Communication with the Design Division will ensure use of proper forms, corporate names and locations, and particular wording required for joint ownerships. The description for a utility easement is to be referenced to the nearest land corner shown on the plans. Examples of easements can be found in the template list in [https://netprod3.dot.missouri/eAgreements/Search/QuickSearch eAgreements].&lt;br /&gt;
&lt;br /&gt;
In situations where MoDOT is acquiring right of way with existing utility easements, but the district utilities staff and the utility owner’s representative agree that the utility facility may remain in place, the utility owner will release the property to the Commission separate from the right of way acquisition. This is done by executing an Easement for Highway Construction (UT16). The utility owner grants and conveys, with warranty of title expressed or implied, to the Commission, the right to construct, reconstruct, and maintain a highway over and across that portion of the easement owned and held by the utility owner. In the future, the utility owner retains any reimbursable rights should future projects require adjustments to allow highway construction.&lt;br /&gt;
&lt;br /&gt;
==643.2.8 Cost Responsibility==&lt;br /&gt;
In addition to determining if a conflict exists between an existing utility facility and a highway improvement project, it is important to determine who is responsible for the costs of the necessary adjustments to allow highway construction. An adjustment for which the Commission is responsible for the costs is known as a reimbursable adjustment. An adjustment for which the Commission is not responsible for the costs is known as a non-reimbursable adjustment. An adjustment for which the Commission and the utility share responsibility for costs is known as a partially reimbursable adjustment. Adjustments determined to be reimbursable or partially reimbursable by the Commission are to be completed under the terms of an agreement executed between the utility owner and the Commission.&lt;br /&gt;
&lt;br /&gt;
===643.2.8.1 Commission Responsibility===&lt;br /&gt;
====643.2.8.1.1 Utility Facilities Located on Private Easements====&lt;br /&gt;
When the utility facility is located on a private easement within the new right of way to be acquired for a future project, the Commission is responsible for the cost of the necessary adjustments to allow highway construction. It may be possible that such easement does not have written easement rights. The Commission will honor this oral right provided acceptable documentation is provided by the utility owner to the district utilities staff. An [https://epg.modot.org/forms/general_files/DE/NonwrittenEasementRights_Example.docx example of acceptable documentation for not written easement rights] is available. Other forms of documentation will be considered on an individual basis.&lt;br /&gt;
&lt;br /&gt;
=====643.2.8.1.1.1 Future Moves=====&lt;br /&gt;
When the utility facility is located on a private easement, taken into the Commission’s right of way, the Commission may agree that any future moves of the same utility by Commission order may be made at the Commission’s cost. Documentation of this agreement is by an Easement for Highway Construction (UT16) agreement. If the Commission provides a substitute private easement, then the Commission will have future obligations consistent with the utility facility’s status in an easement.&lt;br /&gt;
&lt;br /&gt;
====643.2.8.1.2 Utility Facilities Located within Commission Right of Way====&lt;br /&gt;
When the utility facility is located within Commission right of way, but has prior land rights, the Commission is responsible for the cost of adjustments to allow highway construction. The utility owner is responsible for documenting to the satisfaction of the district utilities staff, the basis for the claim of prior land rights within Commission right of way. Time spent researching prior rights is considered coordination and is reimbursable.&lt;br /&gt;
&lt;br /&gt;
====643.2.8.1.3 City or County Utility Facilities on City or County Streets====&lt;br /&gt;
When roadway improvements are within the corporate limits of cities, towns, and villages, a municipal agreement is negotiated between the Commission and the municipality. Likewise, when roadway improvements are within the limits of a county and outside the municipal limits, a county agreement is negotiated between the Commission and the County Commission. Included in these agreements are provisions regarding reimbursement for adjusting city or county owned utility facilities. Reimbursement is provided for adjustment of city or county owned utility facilities that are now located on city or county streets and not on Commission right of way.&lt;br /&gt;
&lt;br /&gt;
====643.2.8.1.4 Lumen====&lt;br /&gt;
Lumen – National (formerly CenturyLink, Lightcore, or Digital Telephone, Inc. (DTI)) and the Commission have entered into a partnership agreement, “Amended and Restated Fiber Optic Cable on Freeways in Missouri,” executed June 5, 2003 which obligates the Commission to be responsible for the cost of the necessary adjustments to allow highway construction along the routes identified in the agreement. A copy of the agreement is available to district utilities staff.&lt;br /&gt;
&lt;br /&gt;
====643.2.8.1.5 Services to the Commission====&lt;br /&gt;
When a utility facility provides a service connection to local Commission facilities such as power to traffic signals, lighting, ITS, and cathodic protection and phone drops to traffic signal controllers or other Commission facilities, the Commission is responsible for the cost of the necessary adjustments to allow highway construction.&lt;br /&gt;
&lt;br /&gt;
====643.2.8.1.6 Private Service Lines====&lt;br /&gt;
While most utility owners reconnect the private service lines at no cost to the property owner, some do not. If a utility owner does not reconnect service lines, MoDOT can include adjustment of private service lines in roadway contracts. Bid items for relocating service connections are provided for the different types of anticipated adjustments.&lt;br /&gt;
&lt;br /&gt;
====643.2.8.1.7 Second Moves====&lt;br /&gt;
If the Commission requires additional work to a utility facility after the facility has been relocated or adjusted in accordance with a plan of adjustment approved by the Commission for a single project number, the Commission is responsible for the cost of the additional work regardless of whether the initial adjustment was Commission responsibility as outlined in other parts of [[643.2_Local_Utility_Adjustments_-_Public_and_Private#643.2.8.1_Federalizing_Funds_for_Preliminary_Engineering|643.2.8.1]].&lt;br /&gt;
&lt;br /&gt;
The purpose of the policy is to encourage utilities to relocate early rather than waiting until plans are published for bidding. The policy eliminates the utility having to relocate twice at its own expense because of late changes in the design. It is best to have utilities relocated prior to construction, and this policy helps achieve that goal. Therefore, it is imperative that the designer notifies district utilities staff as soon as possible of any changes made after these plans have been sent. If notified immediately, it may be possible to inform the utility owner prior to their final design thereby eliminating a second move.&lt;br /&gt;
&lt;br /&gt;
Under this policy, the following are not considered second moves. Temporary and staged relocations necessary to accommodate construction and agreed upon by the utility and the Commission prior to relocation are considered a single move and are not subject to the provisions of the second move policy. If the Commission requires adjustment of a utility facility for which the utility owner is responsible for the cost of the adjustment and was originally determined to not need adjustment, the utility owner is responsible for the cost of the adjustment. The utility owner is responsible for the cost of additional work to any portion of the utility facility after the utility facility has been adjusted in accordance with a plan of adjustment approved by the Commission if the additional work is required by the Commission due to error by the utility owner in preparation of plan of adjustment, field location of, or construction of the adjustment of the utility facility.&lt;br /&gt;
&lt;br /&gt;
When evaluating construction contract changes by change order or value engineering, the impacts of the second move policy should be considered.&lt;br /&gt;
&lt;br /&gt;
===643.2.8.2 Utility Owner Responsibility===&lt;br /&gt;
====643.2.8.2.1 Utility Facilities Owned and Operated by a Political Subdivision====&lt;br /&gt;
When a utility facility is located within Commission right of way, but does not have prior land rights, the utility owner is responsible for the cost of the necessary adjustments to allow highway construction. When a utility facility is located on public right of way other than Commission right of way, the utility owner is responsible for the cost of the necessary adjustments to allow highway construction.&lt;br /&gt;
&lt;br /&gt;
When a political subdivision must bear part or all the cost of adjustments to their utility facilities, and the cost creates a financial hardship, the Commission, by its authorized representative, the Chief Engineer, may temporarily assume these costs. A payback agreement with the political subdivision will include an applicable interest rate for a comparable maturity from a widely published index of tax-exempt municipal rates obtained from Financial Services. Payback time will not exceed five (5) years.&lt;br /&gt;
&lt;br /&gt;
====643.2.8.2.2 Utility Facilities Other Than Those Owned by a Political Subdivision====&lt;br /&gt;
When a utility facility is on the right of way of a public road or street or on state highway right of way without prior land rights and adjustment is necessary to allow for the construction of a roadway improvement, the utility owner is responsible for the cost of the necessary adjustments to allow highway construction.&lt;br /&gt;
&lt;br /&gt;
===643.2.8.3 Shared Responsibility===&lt;br /&gt;
When a utility facility is located such that portions of it are a Commission responsibility and portions of it are a utility owner responsibility by the definitions above, the costs of the necessary adjustments to allow highway construction will be split by the Commission and the utility owner. If the exact cost for each party can be determined, each party will be responsible for their portion of the cost of relocating the utility facility. If the exact cost for each party cannot be determined, the parties will arrive at a percentage reimbursement on an equitable basis.&lt;br /&gt;
&lt;br /&gt;
===643.2.8.4 Notice of Hearing===&lt;br /&gt;
When relocation or other difficulties with utility facilities on public right of way arise that prevent resolution by negotiation, formal hearings will be required.&lt;br /&gt;
&lt;br /&gt;
The district initiates a request for a utility relocation hearing with a letter to the Chief Counsel’s Office (CCO) (a copy is provided to the Design Division) requesting a hearing date. CCO will arrange for a hearing room, court reporter, etc. and advise the district of the hearing date.&lt;br /&gt;
&lt;br /&gt;
The district will prepare the notice of hearing by strictly following the given format and serve the notice on all persons and utility owners listed. The property and utility owner must be served only by personal service or by mailing a certified letter, return receipt requested, no later than 15 days before the date of hearing. This will require the district to make every effort to identify the correct property owner before preparing the notice of hearing. To avoid delays, every attempt will be made to issue the hearing notice at least 30 days prior to the hearing date in case any property has changed ownership and any additional property owners must be served. A notice of hearing on service line connections will also be served on the private or public owner of the main or distribution line to which the service lines are connected. A notarized &amp;quot;[https://epg.modot.org/forms/general_files/DE/ReportOnPersonalService.docx Report of Personal Service]&amp;quot; will be completed when notification by certified mail is not used.&lt;br /&gt;
&lt;br /&gt;
One copy of the hearing notice and attachments, &amp;quot;[https://epg.modot.org/forms/general_files/DE/ReportOnPersonalService.docx Report of Personal Service]&amp;quot; and certified mail notices are to be submitted to CCO after notification is complete.&lt;br /&gt;
&lt;br /&gt;
Prior to the hearing, the district&#039;s representative will become familiar with the details of the utility adjustment in order to provide concise testimony to expedite the hearing process. CCO will assign an attorney to work with the district and present the case.&lt;br /&gt;
&lt;br /&gt;
Refer to 7 CSR 10-3.030 020 Utility Relocation Hearings for additional information.&lt;br /&gt;
&lt;br /&gt;
A Waiver of Hearing should be obtained for non-reimbursable adjustments to document the commitment of the utility owner to adjust its utility facilities without adversely impacting the highway construction project. This may be accomplished informally via written communications between the district utilities staff and the utility owner’s representative. A [https://epg.modot.org/forms/general_files/DE/WaiverOfHearingForm.docx formal Waiver of Hearing statement] may be requested by either MoDOT or the utility owner. A [https://epg.modot.org/forms/general_files/DE/WaiverOfHearingLetter.docx sample transmittal letter for the Waiver of Hearing] is available. For reimbursable or partially reimbursable adjustments, the formal agreement serves as the basis of documentation of this commitment.&lt;br /&gt;
&lt;br /&gt;
==643.2.9 Estimates==&lt;br /&gt;
District utilities staff will negotiate with utility owners to determine reimbursable costs of the necessary adjustments to allow highway construction ([[#643.2.8_Cost_Responsibility|EPG 643.2.8 Cost Responsibility]]). These estimates are prepared in accordance with the provisions of 23 CFR 645 and any amendment thereto. These estimates must reflect the same procedures and costs used by the utility owners in their normal operations and must also accurately represent the expected costs of the work. The utility owner’s estimate will be reviewed by the district utilities staff to ensure compliance with 23 CFR 645.&lt;br /&gt;
&lt;br /&gt;
===643.2.9.1 Independent Cost Estimate===&lt;br /&gt;
The independent cost estimate provides the basis for district utilities staff to review the utility owner’s estimate of costs of the necessary utility adjustments to allow highway construction and any subsequent negotiations with the utility owner. The district utilities staff should prepare an independent cost estimate. The independent cost estimate may be based on unit prices of anticipated items of work in a utility adjustment necessary to allow highway construction. The independent cost estimate alternately may be based on recent similar types of utility adjustments necessary to allow highway construction and scaled for size. Consultants can be used to develop the independent cost estimate. All documentation of the independent cost estimate should be placed in MoProjects.&lt;br /&gt;
&lt;br /&gt;
===643.2.9.2 Type of Project Cost Estimates===&lt;br /&gt;
Either Actual Cost or Lump Sum estimates may be used for estimating the costs on the necessary utility adjustments to allow highway construction. If an Actual Cost estimate is used, detailed records of materials, labor, and equipment are made by district utilities and/or construction staff during construction, and a final audit of the utility owner’s cost records is made to determine the Commission’s actual responsibility for costs of the adjustment completed to allow highway construction. If a Lump Sum estimate is used, a final audit of costs for an adjustment in payment is not required. The Actual Cost method requires more detailed record keeping and documentation by the utility owner and district staff during construction. The Lump Sum method requires more upfront detail and work by the utility owner and judgment on the district utilities staff on the acceptability of the cost. The district utilities staff will work with the utility owner’s representative to determine the best type of estimate and therefore agreement to use.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.2.1 Actual Cost Estimate====&lt;br /&gt;
The cost estimate that supports the actual cost agreement is prepared in sufficient detail to determine the reasonable expected cost of the work to support development of an agreement between the utility owner and the Commission. However, reimbursement is based on the actual costs of design and construction of the necessary adjustment to allow highway construction. The [https://epg.modot.org/forms/general_files/DE/ActualCostCostEstimate_Example.docx actual cost estimate] should detail all costs of the necessary adjustment to allow highway construction, even if the Commission is only responsible for a portion of the costs as detailed in EPG [[#643.2.8.3_Shared_Responsibility|643.2.8.3 Shared Responsibility]].&lt;br /&gt;
&lt;br /&gt;
[https://epg.modot.org/forms/general_files/DE/ActualCostCostEstimate_Example.docx Actual cost estimates] can be used for any dollar amount of reimbursement.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.2.2 Lump Sum Estimates====&lt;br /&gt;
The cost estimate that supports the lump sum agreement must be accurate, comprehensive, verifiable, and in sufficient detail to present a clear picture of the work involved and the cost of the individual items. The estimate may cover only that portion of the adjustment for which the Commission is responsible for the costs of the necessary utility adjustments to allow highway construction.&lt;br /&gt;
[https://epg.modot.org/forms/general_files/DE/LumpSumCostEstimate_Example.docx Lump sum estimates] are limited to a maximum of $200,000 of Commission responsibility of costs of the necessary utility adjustments to allow highway construction; however, exceptions may be made for special situations that have prior approval from Design Division. These exceptions usually cover major relocations for which the Commission&#039;s proportionate responsibility is extremely small.&lt;br /&gt;
&lt;br /&gt;
===643.2.9.3 Utility Cost Estimate Requirements===&lt;br /&gt;
Whether using an Actual Cost or Lump Sum estimate, the following should be included in the estimate, if applicable. If any of the following sections are not included in the estimate, a qualifying statement as to why the costs were not included should be provided.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.1 Scope of Work====&lt;br /&gt;
All estimates require a concise summary of the work to be performed on the estimate. An example is &amp;quot;an estimate of cost covering the work of relocating Company&#039;s 12-inch Cushing-Woodriver pipeline to accommodate construction of Route 47 in Franklin County on Job No. J6P0172&amp;quot;.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.2 Engineering Costs====&lt;br /&gt;
Costs of engineering, whether preliminary or construction, must be shown as separate items and are not to be included with &amp;quot;labor costs&amp;quot;. Concurrent cost accounting procedures of FHWA and MoDOT make this a necessity. See [[#643.2.6_Preliminary_Engineering_Requirements|EPG 643.2.6 Preliminary Engineering]] and [[#643.2.16.2_Construction_Contract_Requirements|EPG 643.2.16.2 Construction Contract Requirements]] for further information.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.3 Right of Way Costs====&lt;br /&gt;
A detailed estimate of the cost to acquire replacement easements by the utility owner is required. The cost should be supported by a right of way plan.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.4 Material Costs====&lt;br /&gt;
Quantities, description of the item, the unit cost, and the extended totals are shown. Percentage computations will be shown immediately following &amp;quot;total cost&amp;quot; so the utility owner’s and Commission&#039;s cost obligations are properly indicated. Unit assembly costs similar to those used by several of the rural electric association (R.E.A.) cooperatives are acceptable, provided the same units and charges are used in the utility owner’s regular operations. A handling charge conforming with the utility owner’s regular procedures may also be included.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.5 Labor Costs====&lt;br /&gt;
Hours, individual or crew rates, and extended totals are shown. Payroll additives such as insurance, retirement, social security, vacation, and other benefits are shown as a separate item under this heading in accordance with utility owner’s regular procedures. Adequate explanation must be given for total percentage used, especially in those cases where materials and labor are combined as unit costs or where labor percentages include additives and equipment requirements.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.6 Equipment Costs====&lt;br /&gt;
A description of the equipment to be used must be shown jointly with the number of hours to be charged. Rates charged for equipment usage must be justified by the utility owner’s established accounting procedures. When the utility owner does not have an established accounting procedure or a capitalization and depreciation schedule that is used in its own operations, the rates are to be established by using rental rate publications as a guide. A reasonable amount will be deducted, when using rental rate schedules, for profit that the rental company realizes. A full explanation of the methods used in establishing the rates must also be submitted to support the utility owner’s request and with approval of the district utilities staff.&lt;br /&gt;
&lt;br /&gt;
Equipment may be rented when the utility owner’s equipment is not available or is inadequate, with the rental rate justified by appropriate solicitation of bids. See [[#643.2.16.2_Construction_Contract_Requirements|EPG 643.16.2 Construction Contract Requirements]] for further information.&lt;br /&gt;
&lt;br /&gt;
Unusual accounting procedures may be accepted with adequate prior explanations and approval of the Design Division.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.7 Removal Costs====&lt;br /&gt;
These costs are estimated and shown in a similar method but separately from installation costs. When removal costs exceed salvage credits by more than the estimated cost of removal by the roadway contractor, an effort should be made to persuade the utility owner to abandon the utility facilities in place. An exception is made when the utility owner is required to remove abandoned utility facilities because of liability, hazard, or by specific agreement with the Commission. Abandoned utility facilities can be included with the miscellaneous removals in the roadway contract. It may be possible for the utility owner to remove those portions of the utility facility for which credits will exceed removal costs, with the remainder of the utility facility to be abandoned for removal in the roadway contract. Materials removed must be itemized, with the utility owner’s customary salvage credit given. Items to be scrapped or junked should be indicated. Whenever a utility facility or portion thereof is shown to be abandoned on the plan of adjustment, the roadway plans should be notated accordingly. This eliminates ownership problems if these utility facilities are removed or salvaged by the roadway contractor.&lt;br /&gt;
&lt;br /&gt;
When the utility facility is no longer needed and removal is necessary to accommodate the roadway project, the removal of the item may be handled either as a right-of way-item or a utility adjustment. When handled as a right of way item, the damages allowed are to equal the depreciated value of the utility facility, with the necessary removals being accomplished by the roadway contractor. If accomplished as a utility adjustment, the Commission, by utility agreement, will reimburse the utility owner for removal costs and receive salvage credit for the material removed, up to but not exceeding removal costs.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.8 Salvage of Removed Materials====&lt;br /&gt;
This statement, to explain the salvage credit or lack of credit, will reflect routine utility owner policy as well as the particular situation. The utility owner will place a value on any recovered material for salvage. District utilities staff should check this value for reasonableness. Examples of salvage statements include:&lt;br /&gt;
* Existing utility facilities to be abandoned in place, since the cost of salvaging, based on our past experience, will exceed their value.&lt;br /&gt;
* Only those items will be salvaged for which salvage credit will exceed the cost of removal and salvage.&lt;br /&gt;
* Company liability requires removal of the retired utility facilities, even though the cost of removal will exceed allowable credit for salvage.&lt;br /&gt;
* Salvage credits are in accordance with established company accounting procedures.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.9 Accrued Depreciation Credits====&lt;br /&gt;
Credit is required for the accrued depreciation of a utility facility that is being replaced. Examples are a building, structure, pumping station, filtration plant, power plant, substation, or other similar operational unit. Credit for accrued depreciation will not be required for a segment of the utility&#039;s service, distribution, or transmission lines. It is also not required when the building or structure is being moved as necessitated by the highway project. Acceptable accrued depreciation credit will be determined by using the following formula:&lt;br /&gt;
:&amp;lt;math&amp;gt;\frac{Actual \; Length \; of \; Service \; of \; Replaced \; Facility \; (Years)}{Total \; Estimated \;  Service \; Life \; of \; Replaced \; Facility \; (Years)} \times Original \; Cost \; (\$) = Credit&amp;lt;/math&amp;gt;&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.10 Betterment Credits====&lt;br /&gt;
Betterment means the upgrading of the utility facility being relocated, made solely for the benefit of and at the election of the utility owner and is not attributable to the roadway improvement. Credit to the Commission is required for the additional costs incurred for the betterments introduced in the adjusted utility facility. No betterment credit is required for additions or improvements which are:&lt;br /&gt;
* Required by the highway project&lt;br /&gt;
* Replacement devices or materials that are of equivalent standards although not identical&lt;br /&gt;
* Replacement of devices or materials no longer regularly manufactured with next highest grade or size&lt;br /&gt;
* Required by law under governmental and appropriate regulatory commission code&lt;br /&gt;
* Required by current design practices regularly followed by the utility owner in its own work, and there is a direct benefit to the highway project&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.11 Overhead Costs====&lt;br /&gt;
Overhead costs are usually a percentage of the total labor cost. This item must be in accordance with the utility owner’s established accounting procedures, which in some cases may include handling costs or be a percentage of the total cost of the work involved. Additional attention to overhead costs is required when the rate is different from previously accepted rates. Occasionally, it can be difficult to obtain the necessary information at the time of the estimate to approve the overhead rates. In this situation, the estimate can be approved with exception of the overhead rates for payment. The utility owner is informed of this matter with the understanding that the overhead rates could be approved and paid with submission of appropriate supporting data and Financial Services audit review.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.12 Prorating Costs====&lt;br /&gt;
The need for prorating utility adjustment costs occurs when both the Commission and the utility owner are responsible for a portion of the utility adjustment necessary to allow for highway construction, and the actual costs for reimbursement in each category cannot be explicitly determined. Generally, the following conditions require division of costs:&lt;br /&gt;
* The adjustment is considered partially reimbursable per [[#643.2.8.3_Shared_Responsibility|EPG 643.2.8.3 Shared Responsibility]]&lt;br /&gt;
* Betterments are included in the necessary adjustment of the utility facility&lt;br /&gt;
&lt;br /&gt;
The district utilities staff should negotiate with the utility owner’s representative to determine an equitable basis for the prorating of costs based on the characteristics of the utility adjustment necessary to allow for highway construction.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.13 Costs Records====&lt;br /&gt;
The estimate should include a statement as to where the utility owner’s cost records may be reviewed. An example: &amp;quot;Company cost records will be available in our office at 2134 Industrial Avenue, Tulsa, Oklahoma&amp;quot;.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.14 Other====&lt;br /&gt;
Additional statements will explain or further clarify the work that is included. Such other items may include bypasses, special equipment, need for larger utility facilities, etc.&lt;br /&gt;
&lt;br /&gt;
==643.2.10 Schedule==&lt;br /&gt;
Timely adjustments of utility facilities are essential for efficient completion of highway construction projects. Ideally, all utility adjustments are completed prior to a project’s Plans, Specifications, and Estimate (PS&amp;amp;E) submittal to Central Office. Depending on the specifics of the highway construction and utility adjustment necessary, early completion of the utility adjustment may not be practical. The district utilities staff should negotiate with the utility owner to determine the schedule parameters necessary for the utility adjustment. At a minimum, the utility owner should document the dates it anticipates starting and completing the work. If a utility adjustment depends upon the completion of a portion of the highway construction, the necessary milestone for starting the utility adjustment should be documented along with an anticipated number of working days to complete the utility adjustment. The schedule is included as Exhibit “C” to the agreement.&lt;br /&gt;
&lt;br /&gt;
==643.2.11 Pre-Audits==&lt;br /&gt;
The district utility staff performs a pre-audit review and approval prior to preparation of the agreement. A [https://epg.modot.org/forms/general_files/DE/PreAuditChecklist.docx pre-audit checklist] should be completed and saved in MoProjects.&lt;br /&gt;
&lt;br /&gt;
==643.2.12 Utility Agreements==&lt;br /&gt;
Whenever the Commission is responsible for the cost of the necessary adjustments to allow highway construction, an agreement is required. If a Master Reimbursable Utility Agreement (see [[#643.2.12.2_Master_Reimbursable_Utility_Agreements|EPG 643.2.12.2]]) has not been executed with the utility owner, a Project Specific Agreement (see [[#643.2.12.3_Project_Specific_Agreements|EPG 643.2.12.3]]) is executed between the utility owner and the Commission. In some cases, it may be more practical for the Commission to include adjustment of utilities into a Commission administered contract. A Utility Agreement - Actual Cost (For Utility Work That is to be Included in the Missouri Highways and Transportation Commission&#039;s Road Project) (see [[#643.2.12.4_Agreement_for_Utility_Work_Included_in_Roadway_Improvement_Project|EPG 643.2.12.4]]). Agreements include a plan of adjustment (Exhibit “A”), cost estimate (Exhibit “B”), and schedule (Exhibit “C”).&lt;br /&gt;
&lt;br /&gt;
The Utility Agreement boilerplate forms have been approved by the Chief Counsel’s Office (CCO). They are identified in the upper left-hand corner of each agreement by an identifier such as CCO Form: UT01 for the Master Reimbursable Utility Agreement. CCO updates these agreements as necessary. They serve as a guide in the preparation of the agreement to be executed with the utility owner for the adjustments required to their utility facilities to accommodate the proposed roadway improvement project. District utilities staff should use the latest version of the agreement found in [https://netprod3.dot.missouri/eAgreements/Search/QuickSearch eAgreements] in drafting an agreement with utility owners. A list of utility agreements and detailed information concerning the sequence for preparing and executing an agreement is available in EPG [[:Category:153_Agreements_and_Contracts|153 Agreements and Contracts]].&lt;br /&gt;
&lt;br /&gt;
These forms are to be used word for word. Revisions or additions are only made to address specific project details. The intent of each paragraph must be retained, although specific words may be revised to fit the particular situation. No paragraphs are deleted without prior approval from CCO. For guidance on acceptance of liability, refer to the [[:Category:153_Agreements_and_Contracts#153.1.1.2_Acceptance_of_Liability_Policy_(MoDOT_Access_Only)|Acceptance of Liability Policy]] at the CCO SharePoint page. Drafts of agreements having major revisions or complications are to be submitted, with supporting data, to Design Division for comment and approval.&lt;br /&gt;
&lt;br /&gt;
A reference to 23 CFR 645 is included in all agreements. Utility owners must be acquainted with these requirements and procedures. The incorporation of 23 CFR 645 by reference in all agreements eliminates the need for a second set of regulations to be included in the document.&lt;br /&gt;
&lt;br /&gt;
The agreement for the adjustment of a utility is prepared by the district utilities staff and submitted to the utility owner for execution. The agreement is based on the plan, estimate of cost which was prepared in accordance with 23 CFR 645, and schedule. Authorized individuals representing the utility owner will execute the agreement. The agreement must be signed, sealed, and if necessary, notarized by the utility owner. If the utility owner does not have or use a corporate seal, write &amp;quot;NO SEAL&amp;quot; under the signatures of the owner’s officers. Agreements with political subdivisions are to be supported by an appropriate ordinance, a copy of which is to be submitted with the executed agreements. All copies will be forwarded to the CCO for further handling. A fully executed copy of the agreement will be retained in eAgreements. If the agreement was executed using electronic signatures, the district utilities staff should forward an electronic copy of the fully executed agreement to the utility owner. If the agreement was executed using wet signatures, one (1) paper copy of the fully executed agreement will be returned by the Commission Secretary’s Office to the district utilities staff. The district utilities staff will forward this copy to the utility owner.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.1 Buy America Build America Requirements===&lt;br /&gt;
All agreements contain information on Buy America Build America (BABA) compliance. The utility owner should select the method of certification (See [[#643.2.19_Buy_America_Build_America_for_Utilities|EPG 643.2.19]]) at the time of agreement completion. The appropriate paragraph will be inserted into the agreement. All BABA compliance documents must be retained by the utility owner and made available upon request at no cost to the Commission and/or FHWA.&lt;br /&gt;
&lt;br /&gt;
====643.2.12.1.1 Utility Owner Self-Certification====&lt;br /&gt;
The City/Company certifies that when determining products/materials subject to Buy America Build America requirements to use in the performance of this Agreement, it shall use only such products/materials for which it has received a certification from its supplier, or provider of construction services that procures the product/material, certifying compliance with Buy America Build America requirements. This does not include products/materials for which waivers have been granted pursuant to 23 CFR 635.410. The City/Company will not be required to provide the Commission copies of the supplier certification as part of this Agreement or with the final invoice of said Commission’s Federal-Aid Highway Construction Project.&lt;br /&gt;
&lt;br /&gt;
====643.2.12.1.2 Vendor/Manufacturer Certification====&lt;br /&gt;
The City/Company certifies that when determining products/materials subject to Buy America Build America requirements to use in the performance of this Agreement, it shall use only such products/materials for which it has received a certification from its supplier, or provider of construction services that procures the product/material, certifying compliance with Buy America Build America requirements. This does not include products/materials for which waivers have been granted pursuant to 23 CFR 635.410. The City/Company shall provide to the Commission all Buy America compliance documents as outlined in the Commission’s Engineering Policy Guide 643. All required compliance documents shall accompany the final invoice submitted to the Commission.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.2 Master Reimbursable Utility Agreements===&lt;br /&gt;
The UT01: Master Reimbursable Utility Agreement (MRUA) is a statewide agreement that has been executed by the utility owner and the Commission for all future reimbursable utility adjustments between both parties. Once a MRUA is executed, no other utility agreements are required on design-bid-build projects. The district utilities staff should encourage utility owners to enter into a MRUA with the Commission to reduce potential future delays in executing a project specific agreement. A list of previously executed [https://modotgov.sharepoint.com/sites/DE/Utilities/Agreements/MRUA%20-%20Existing?csf=1&amp;amp;web=1&amp;amp;e=4LJHoa Master Reimbursable Utility Agreements (Modot Access Only)] is available. District utilities staff should add newly executed agreements to this list. The MRUA can be employed as either an actual cost ([[#643.2.12.3.1_Actual_Cost_Agreements|EPG 643.2.12.3.1]]) or lump sum ([[#643.2.12.3.2_Lump_Sum_Agreements|EPG 643.2.12.3.2]]) agreement. When the reimbursable adjustment will utilize a MRUA, the district utilities staff will prepare a MRUA correspondence letter (“letter agreement”) referencing the executed MRUA. A copy of the MRUA correspondence letter should be saved in MoProjects for reference by Financial Services, the district construction office, and the district staff responsible for inspection of utility adjustments. All project specific items such as type of agreement (actual cost or lump sum), plan of adjustment, estimated total cost, cost allocation, and schedule are addressed in the MRUA correspondence letter from the district utilities staff to the utility owner. A flowchart of the MRUA process is available.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.3 Project Specific Agreements===&lt;br /&gt;
If a utility owner does not have a MRUA with the Commission, a project specific agreement will be required for every project for which the Commission is responsible for the necessary adjustments to allow highway construction. The project specific agreement will be either an actual cost ([[#643.2.12.3.1_Actual_Cost_Agreements|EPG 643.2.12.3.1]]) or lump sum ([[#643.2.12.3.2_Lump_Sum_Agreements|EPG 643.2.12.3.2]]) agreement.&lt;br /&gt;
&lt;br /&gt;
====643.2.12.3.1 Actual Cost Agreements====&lt;br /&gt;
The UT03: Utility Agreement – Actual Cost is used when detailed estimates are not practical or costs appear to be questionable. Details on actual cost estimates can be found at [[#643.2.12.3.1_Actual_Cost_Agreements|EPG 643.2.9.2.1 Actual Cost Estimates]]. Once the final invoice on a UT03 is submitted to Financial Services, district utilities staff should change the status on the agreement in eAgreements to completed.&lt;br /&gt;
&lt;br /&gt;
====643.2.12.3.2 Lump Sum Agreements====&lt;br /&gt;
The UT02: Utility Agreement – Lump Sum eliminates the need for keeping detailed records of cost and the auditing of cost records. Estimates of cost must be prepared in detail for use of this agreement. When detailed estimates are not practical or costs appear unreasonable, actual cost agreements are to be used. Use of special forms of agreements, such as &amp;quot;subordination agreements&amp;quot;, which are desired by certain utility owners, is acceptable. These, too, must be revised to cover the particular situation. Details on lump sum estimates can be found at [[#643.2.9.2.2_Lump_Sum_Estimates|EPG 643.2.9.2.2 Lump Sum Estimates]]. Once the final invoice on a UT02 is submitted to Financial Services, district utilities staff should change the status on the agreement in eAgreements to “completed”.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.4 Agreement for Utility Work Included in Roadway Improvement Project===&lt;br /&gt;
The UT04: Utility Agreement - Actual Cost (For Utility Work That is to be Included in the Missouri Highways and Transportation Commission&#039;s Road Project) allows for the adjustment to be based on actual cost with the roadway contractor performing the utility work. Caution should be exercised in the type of utilities to be relocated in roadway contracts. Utilities recommended are waterlines and sewer lines. Other utilities, such as gas lines, communication lines, and power lines are to be studied thoroughly before being included in the project.&lt;br /&gt;
&lt;br /&gt;
The Transportation Project Manager and district utilities staff must plan ahead to get this work in the roadway contract. The utility owner must agree to include the utility adjustment in the roadway contract. The adjustment may be on highway right of way or on private easement in the name of the utility owner. The utility owner can agree to allow MoDOT’s contractor to work in its easement. However, district utilities staff in consultation with district right of way staff should review the easement documentation to verify the utility owner’s rights to the easement and any limitations on its use. MoDOT’s contractor can work and operate on both Commission right of way and on the utility easement, even when not directly connected to the Commission right of way, as part of the job site. Temporary construction easements may be necessary in addition to the utility easement to ensure adequate working room for the contractor.&lt;br /&gt;
&lt;br /&gt;
:The utility owner may request exemption to any liability for negligence of our contractor working on their easement. The Commission can assume that liability (refer to [[:Category:153_Agreements_and_Contracts#153.1.1.2_Acceptance_of_Liability_Policy_(MoDOT_Access_Only)|Acceptance of Liability Policy]]), but it should be included in the utility agreement if so desired by the utility owner. A Job Special Provision is necessary to require the MoDOT contractor to hold the utility harmless from all claims due to contractor negligence.&lt;br /&gt;
&lt;br /&gt;
Subsurface information, i.e. boring data, etc., should be obtained by the utility owner since it may be needed for the design of the utility adjustment. This information should be included in the plans. If the utility owner must bear all or part of the cost of the adjustment, the utility owner must agree to pay a pre-deposit to the Commission prior to opening bids on the project. This should be in the utility agreement. The pre-deposit will be credited to the &amp;quot;Missouri Highway and Transportation Commission - Local Fund.&amp;quot; Any interest earned in the fund will apply to the cost of the adjustments. The utility agreement will include language that the utility will inspect the installation and assume maintenance of the utility facility after construction. MoDOT will also provide engineering supervision to be sure the road contractor is in compliance with the contract. Utility plans and specifications are to be approved by the owner prior to submittal to the Central Office. The following items will provide minimum information to allow MoDOT’s contractor to bid the work.&lt;br /&gt;
# Individual bid items (not &amp;quot;lump sum&amp;quot;) should be established to promote better bidding and to handle overruns and underruns. Bid items not included on the Computer Stored Bid Item list should be &amp;quot;99&amp;quot; numbers.&lt;br /&gt;
# he bid package must be in our letting format. If the package was prepared by a consultant as if the utility owner were going to let it, all bid bond or bidding procedures must be screened to remove requirements contrary to MoDOT letting requirements. District utilities staff should work with the Transportation Project Manager, Design Liaison Engineer, and Central Office Bidding and Contract Services to ensure this requirement is met.&lt;br /&gt;
# The specifications required by the utility owner should be reviewed for items that could cause a bid problem for our contractor. Items such as non-readily available materials or sizes should be avoided.&lt;br /&gt;
# Utility plan sheets should be .pdf files equivalent to 22 in. x 34 in. It is helpful to have a quantity sheet specifically for utility items.&lt;br /&gt;
# Any special procedures required for the utility installation should be included in the Job Special Provisions.&lt;br /&gt;
# The utility package should be submitted on-time to Central Office with other project plans.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.5 Agreement for a Utility Only Project===&lt;br /&gt;
Any of the above agreements can be modified for a utility only project separate from the roadway project. The utility only project may be done by forces hired by the utility owner or by the Commission. A separate utility only project has distinct advantages when the following occurs:&lt;br /&gt;
* The utility work is extensive&lt;br /&gt;
* It must be performed in accordance with the utility owner’s seasonal requirements&lt;br /&gt;
* It extends beyond the limits of the construction project&lt;br /&gt;
* It must be performed considerably in advance of the roadway contract&lt;br /&gt;
&lt;br /&gt;
Necessary environmental and design work is still required for the limits of the separate utility only project. It may be necessary in these cases to have a second agreement with the utility owner to cover any other work that must be performed concurrently with the roadway contract. These latter agreements will use the roadway construction job number. Early need for utility projects is to be determined at the time when the STIP is updated each year. The utility construction funds will be shown in the year right of way funds are assigned. This will be done whenever possible to secure early adjustment of utility facilities. A request by the district is sent to the Planning Division. Estimated dollar amounts for utility adjustments are needed. These are estimates and do not need to be extremely accurate. When a special utility project is established, it is preferred, if at all possible, to include all the utility adjustments necessary for the entire roadway project. If funds are available, additional agreements can be added to this utility project until the final invoice for the first completed agreement is received for payment.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.6 Supplemental Agreements===&lt;br /&gt;
For utility owners with a UT01 agreement, a supplemental letter agreement documenting the change in the scope or cost of the work is acceptable.&lt;br /&gt;
&lt;br /&gt;
The UT05: First Supplemental Agreement is used to document changes to UT02 and UT03 agreements. If changes to the scope of work occur that are anticipated to exceed $100,000 or 15% of the original agreement, a UT05 is required. If the final invoice on an actual cost adjustment without changes in the scope of work exceeds the limits shown in the table below, a UT05 is required.&lt;br /&gt;
&lt;br /&gt;
{| class=&amp;quot;wikitable&amp;quot; style=&amp;quot;margin-left: 25px; text-align:center&amp;quot;&lt;br /&gt;
! Amount in Original Actual Agreement !! Final Bill Total Exceeds Original Amount by:&lt;br /&gt;
|-&lt;br /&gt;
| 0-$25,000 || 50%&lt;br /&gt;
|-&lt;br /&gt;
| $25,000-$100,000 || 40%&lt;br /&gt;
|-	&lt;br /&gt;
| Exceeds $100,000 || 30%&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
Should multiple UT05s be required with the same utility owner, the UT05 should be modified for additional supplemental agreements. Once the final invoice on an UT05 is submitted to Financial Services, district utilities staff should change the status on the agreement in eAgreements to “completed”.&lt;br /&gt;
&lt;br /&gt;
==643.2.13 Utility Adjustments in Roadway Plans and Job Special Provisions (JSPs)==&lt;br /&gt;
It is the responsibility of the MoDOT Transportation Project Manager (TPM) to ensure utility plans of adjustment are shown on the project plans at the Plan, Specification, and Estimate (PS&amp;amp;E) stage based upon information coordinated by the district utilities staff with the appropriate utility owner.&lt;br /&gt;
&lt;br /&gt;
===643.2.13.1 Plans===&lt;br /&gt;
A legend showing all applicable utility symbols and the names of the utility owners is shown on the first special utility sheet. In the absence of special utility sheets, this information may be shown on the title sheet or the first plan and profile sheet. The following note is required to be placed on the title sheet or the first plan and profile sheet and the first special utility sheet (if used) to inform contractors of the suitability of the utility information contained on the plans.&lt;br /&gt;
&lt;br /&gt;
&amp;quot;The existence and approximate location of utility facilities known to exist, as shown on the plans, are based on the best information available to the Commission at this time. This information is provided by the Commission &amp;quot;as-is&amp;quot; and the Commission expressly disclaims any representation or warranty as to the completeness, accuracy, or suitability of the information for any use. Reliance upon this information is done at the risk and peril of the user, and the Commission shall not be liable for any damages that may arise from any error in the information&amp;quot;.&lt;br /&gt;
&lt;br /&gt;
===643.2.13.2 Job Special Provisions===&lt;br /&gt;
Since the addition of utility information on the plans, supplied by a third party, could subject the Missouri Highway and Transportation Commission to additional liability, a Utility JSP reflecting the status of utility adjustments will be required. The JSP will include the name, address, e-mail address, and telephone number of all utility owner representatives for all utility facilities located on the project. The anticipated adjustment completion date for each utility adjustment is also to be shown based on the agreed upon dates, durations, or completion dates with the utility owner’s representative. This information will inform the bidder of the status of utilities for proper work coordination that could affect the bids for the proposed highway construction project. Status notations will include general notations such as: “N/A”, “Work is in progress”, “Work has not started”, “Work is complete”, and “Work is included in contract.”&lt;br /&gt;
&lt;br /&gt;
===643.2.13.3 PS&amp;amp;E Submittal===&lt;br /&gt;
In the District Final Plans Submittal Checklist (D-12), the TPM should note any issues related to existing utility facilities or the adjustment of utility facilities either shown or not shown on the plans. Projects with “No Utility Impacts” such as some overlays, striping, bridge washing, etc. do not need a Utility Status Letter or Utility JSP. The D-12 is used for these projects. In the D-12, under Project Details – “Utilities”, the note “NO” is selected and under “Status”, select “Clear”. For all other projects, the district utilities staff will write a Utility Status Letter. The TPM will include the Utility Status Letter with the submittal of the final plans to the Design Division. The Utility Status will be defined as:&lt;br /&gt;
# Utility facilities are present, but no conflict is anticipated with the highway construction project. Or,&lt;br /&gt;
# All utility facilities requiring adjustment to allow highway construction have been physically adjusted on the project. Or,&lt;br /&gt;
# Utility construction work is planned or active and will be completed to such a point that no impact will be expected to the highway construction project. The status of this work is defined in the utility JSP. Or,&lt;br /&gt;
# Utility facilities are not expected to be adjusted by the notice to proceed date for the road project, but the utility work will have no impact on the progress of the highway construction project. The status of this work is defined in the utility JSP. Or,&lt;br /&gt;
# Utility facilities must be adjusted after the road contractor completes stage construction or in coordination with the contractors’ work. Details of the coordination effort required of the contractor are defined in the utility JSP to properly advise bidders. Or,&lt;br /&gt;
&lt;br /&gt;
# Utility adjustment plans and specifications are included in the bid documents for the highway construction project. A UT04 agreement must be executed.&lt;br /&gt;
&lt;br /&gt;
==643.2.14 Payment to Utility Companies for Reimbursable Work==&lt;br /&gt;
Authorization and federal funding obligation must be approved prior to incurring costs. This applies to all types of work on utility facilities including preliminary engineering. An obligation is a commitment by the federal government to reimburse MoDOT for the federal share of a project’s eligible cost.&lt;br /&gt;
&lt;br /&gt;
===643.2.14.1 Obligation Process===&lt;br /&gt;
Federal funding can be used with both lump sum and actual cost agreements. After the utility agreement is fully executed, the district utilities staff will email a copy of the utility agreement or the letter agreement referencing the MRUA to the email group OBLIGATE. This email should request the authorization authority for use of federal funds and to be informed of a Notice to Proceed (NTP) (see [[#643.2.15_Notice_to_Proceed|EPG 643.2.15]]) date by Financial Services once federal funding has been obligated. District utilities staff should allow three (3) weeks to receive the NTP. Financial Services will use Advance Construction (AC) funding to fund reimbursement to utility owners. With AC funding, state funds initially are used to pay for reimbursement to utility owners. Once construction is complete, with appropriate documentation of the work via the [https://epg.modot.org/forms/general_files/DE/C-9.docx C-9] and [https://epg.modot.org/forms/general_files/DE/C-13.docx C-13], Financial Services will convert to federal funding.&lt;br /&gt;
&lt;br /&gt;
===643.2.14.2 Preliminary Engineering===&lt;br /&gt;
On occasion, preliminary engineering (PE) may need to be undertaken by the utility owner prior to the execution of a utility agreement. If a utility owner has a MRUA, an estimate of the cost of the PE work by the utility owner may be used to obligate funding for preliminary engineering under the MRUA as a PE only letter agreement. If a lump sum or actual cost agreement will be required with the utility owner for the project, district utilities staff should do two (2) agreements with one agreement covering PE only, and once a design for the adjustment is obtained, a second agreement for the construction of the adjustment should be executed. If a separate PE only agreement is obtained, NTP will need to be issued twice to the utility owner: once for PE and once for construction.&lt;br /&gt;
&lt;br /&gt;
===643.2.14.3 Right of Way===&lt;br /&gt;
Once Notice to Proceed has been given, the utility owner may begin the right of way acquisition process. If the utility owner needs to acquire right of way prior to a full agreement for relocation has been negotiated, the agreement specifically for the acquisition of right of way should be executed. This agreement will be sent to Financial Services to begin the obligation process.&lt;br /&gt;
&lt;br /&gt;
===643.2.14.4 Construction===&lt;br /&gt;
Payment to utility owners for construction of the adjustment may occur in a number of phases.&lt;br /&gt;
&lt;br /&gt;
====643.2.14.4.1 Prepayment====&lt;br /&gt;
Per the utility agreement, the Commission allows utility owners to be prepaid prior to commencing work. The district utilities staff may negotiate the prepayment if the utility owner is receptive. The utility owner will submit a request for prepayment with an invoice prior to any prepayment. Route, county, and job number must be included in the request. The district utilities staff will submit a request to Financial Services with a copy saved in MoProjects for future reference by the district staff responsible for inspection of the utility adjustment.&lt;br /&gt;
&lt;br /&gt;
====643.2.14.4.2 Progress Payments====&lt;br /&gt;
If a utility owner has not been prepaid the entire estimated amount in the utility agreement, then the utility owner may request progress payments after completing a portion of the proposed work, including PE.&lt;br /&gt;
&lt;br /&gt;
Progress payments for PE by consultants should not exceed the &amp;quot;maximum not to exceed amount&amp;quot; shown in the cost estimate unless additional costs are approved first by district utilities staff.&lt;br /&gt;
&lt;br /&gt;
For progress payments, the utility owner is required to submit only a summary of work and materials for which payment is claimed, not a detailed billing. District utilities staff should check only to be sure that sufficient work has been done to justify making the requested payment. Payment should be made for allowable costs incurred up to the date of the progress payment request.&lt;br /&gt;
&lt;br /&gt;
Progress payment invoices do not relieve the utility owner of the responsibility of submitting one complete and final invoice upon completion of the adjustment. The utility owner’s address must be shown on the invoice. The district utilities staff should submit progress payment invoices and applicable C-9s to Financial Services within one (1) week of receipt of invoice.&lt;br /&gt;
&lt;br /&gt;
One copy of the progress payment and one copy of the district utilities staff letter of recommendation must be sent to Financial Services for payment and be stored in MoProjects. The cover memo should include the project number, route, county, actual cost or lump sum utility agreement, Commission obligation percentage, total cost estimate of Commission obligation, and indicate the progress payment number, i.e., progress payment number 1, 2, 3, etc. If more than one progress payment is requested by the utility company, the district should submit progress payment bills to Financial Services in the following format:&lt;br /&gt;
{| class=&amp;quot;wikitable&amp;quot; style=&amp;quot;margin-left: 25px; text-align:center&amp;quot;&lt;br /&gt;
! Payment !! Amount&lt;br /&gt;
|-&lt;br /&gt;
| Progress Payment #1 || $50,000&lt;br /&gt;
|-&lt;br /&gt;
| Progress Payment #2 || 10,000&lt;br /&gt;
|-	&lt;br /&gt;
| Total Payment to Date || $60,000&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
This format will help clarify payment history with the utility owner. Progress payments for actual cost utility agreements may not exceed the Commission&#039;s total estimated cost shown in the agreement. However, if the request for a progress payment exceeds the original estimate, a change order with explanation should accompany the request. (See [[#643.2.16.5_Change_Orders|EPG 643.2.16.5 Change Orders]].)&lt;br /&gt;
&lt;br /&gt;
====643.2.14.4.3 Final Payment====&lt;br /&gt;
Utility owners are required to submit a detailed final invoice to MoDOT for all actual cost reimbursable utility work and for any lump sum reimbursable utility work that was not prepaid. For prepaid lump agreements, the utility owner must submit a zero-dollar ($0) invoice to demonstrate the work has been completed. After the utility work has been fully completed, the district utilities staff responsible for inspection should send the utility owner a “60 Day” [https://epg.modot.org/forms/general_files/DE/FinalInvoiceLetter.docx Final Acceptance Letter] requesting a complete final invoice within 60 days, as detailed in the utility agreement. If the final invoice is not received from the utility owner within 30 days, then a follow up letter should be sent (i.e., “30 Day” [https://epg.modot.org/forms/general_files/DE/FinalInvoiceReminderLetter.docx Reminder Final Invoice Letter]) reminding the utility owner of its obligation to submit a final invoice within 60 days of the completed work. If a final invoice from the utility owner is not received within this timeframe, then the district utilities staff should contact the Design Liaison Engineer for guidance on how to close out the work.&lt;br /&gt;
&lt;br /&gt;
The district utilities staff is expected to check the final bill within two (2) weeks after receipt in as much detail as possible against the C-9. It is their responsibility to verify from field records the quantities of labor, equipment, material used, material retired, and to justify all changes made. If the utility owner’s contractor made the adjustment at unit cost prices, then it is the district utility staff’s responsibility to verify the number of units completed and not the hours of labor and equipment. It is also important for the utility owner to show the words “final bill” or “final invoice” on the last bill, in order for MoDOT to understand that no additional charges will be made on the adjustment. The final bill must show a general description of the utility adjustment, the highway project number, the date on which work was completed or last item of billed expense was incurred, and the location where records can be audited. The order of items in the final statement should follow as closely as possible the order of items in the original estimate. A summary, on the utility owner’s letterhead, of the total cost of preliminary engineering, construction engineering, right of way, labor, overhead, construction travel expense, transportation, equipment, materials, supply, handling, and salvage credits should be shown in a way that will permit direct comparison with the approved estimate from the original or supplemental agreements (see [[#643.2.12.6_Supplemental_Agreements|EPG 643.2.12.6]]).&lt;br /&gt;
&lt;br /&gt;
If the Actual Cost final invoice shows a much higher cost than the original estimate without scope change, the utility owner is required to give reasons in a letter to the district utilities staff explaining why the invoice cost increased. When the Actual Cost final invoice exceeds the amount shown in the table in [[#643.2.12.6_Supplemental_Agreements|EPG 643.2.12.6]], a supplemental agreement is required.&lt;br /&gt;
&lt;br /&gt;
When the district utilities staff has determined that the final invoice is accurate, the C-13 should be completed. Once the C-13 is completed, the C-13 and the final invoice from the utility owner are forward to Financial Services. For Actual Cost agreements, the C-9s should also be included in this transmittal. If no additional payments are required, the district utilities staff should note this in the transmittal as well. If the final invoice indicates previous payments to a utility owner exceeded the final invoice, the utility owner will need to send MoDOT a check for the overpayment amount. The check should be made payable to Director of Revenue – Credit State Road Fund. If the utility owner did not send MoDOT an overpayment check with the final invoice, district utilities staff should send a letter to the utility owner requesting the refund amount. Submittal of the final invoice to Financial Services should not occur until repayment has been received. The submittal to Financial Services should note the receipt of the repayment check.&lt;br /&gt;
&lt;br /&gt;
==643.2.15 Notice to Proceed==&lt;br /&gt;
For PE only, once an agreement has been executed, and Financial Services has advised that authorization from FHWA has been received, district utilities staff will issue a notice to proceed (NTP) letter to the utility owner for the PE. For agreements that include PE and construction or once a final agreement for construction has been executed, right of way clearance has been issued, and Financial Services has advised that authorization from FHWA has been received, the district utilities staff will issue NTP to the utility owner for construction. See [https://epg.modot.org/forms/general_files/DE/NoticeToProceedExampleLetter.docx Example of Notice to Proceed Letter]. If salvage credit is part of the agreement with the utility owner, the NTP letter should include a statement that the utility owner will need to inform district utilities staff of the time and place that inspection may be made of the removed material. The utility owner may be held accountable for full value of materials disposed without proper notice. Utility owners may purchase materials prior to NTP for construction; however, no other work on the adjustment necessary to allow highway construction may begin prior to NTP for construction. The utility owner, for reasons of planning their workload or due to seasonal situations, may request early authorization to perform the work. This request, with the district utilities staff recommendations, is sent to the Design Liaison Engineer for further handling, approval, and advancement of the necessary funds. A copy of the NTP should be saved in MoProjects. If a utility owner begins adjustments prior to NTP for construction, district utilities staff should notify the utility owner immediately in writing that reimbursement will not be made for work done prior to NTP for construction.&lt;br /&gt;
&lt;br /&gt;
==643.2.16 Construction of Utility Adjustments==&lt;br /&gt;
===643.2.16.1 Utility Owner Self-Perform===&lt;br /&gt;
As per 23 CFR 645.115 Construction, it may be cost-effective for certain utility adjustments to be performed by a utility owner with its own internal forces and equipment, provided the utility owner is qualified to perform the work in a satisfactory manner. This cost-effectiveness finding covers minor work on the utility owner’s existing utility facilities routinely performed by the utility owner with its own forces.&lt;br /&gt;
&lt;br /&gt;
===643.2.16.2 Construction Contract Requirements===&lt;br /&gt;
When the utility owner is not adequately staffed and equipped to perform such work with its own forces and equipment at a time convenient to coordination with the associated highway construction, such work may be done one of four ways for utility adjustments:&lt;br /&gt;
# MoDOT can provide the construction services, via awarded contract to the lowest qualified bidder based on appropriate solicitation. This can be done by including the adjustment work in the roadway improvement project ([[#643.2.14_Payment_to_Utility_Companies_for_Reimbursable_Work|EPG 643.2.12.4 Utility Agreement for Utility Work Included in Roadway Improvement Project]]) or by having a utility only project ([[#643.2.12.5_Agreement_for_a_Utility_Only_Project|EPG 643.2.12.5 Utility Only Project]]).&lt;br /&gt;
# The utility owner can award a construction contract to the lowest qualified bidder based on appropriate solicitation.&lt;br /&gt;
# The utility owner can utilize an existing continuing contract, provided the costs are reasonable (see [[#643.2.9.1_Independent_Cost_Estimate|EPG 643.2.9.1 Independent Cost Estimate]]).&lt;br /&gt;
# The utility owner can contract for low-cost incidental work, such as tree trimming and the like, without competitive bidding, provided the costs are reasonable (see [[#643.2.9.1_Independent_Cost_Estimate|EPG 643.2.9.1 Independent Cost Estimate]]).&lt;br /&gt;
&lt;br /&gt;
When a utility owner chooses option 2 to award its own new construction contract, the utility owner must provide the following documents and information to the district utilities staff. These documents need to be provided as soon as the utility owner has chosen to pursue a construction contract. Document 1 must be supplied by all utility owners. Documents 2 and 3 are only required when the utility owner is a local government agency who is also a political subdivision of the state of Missouri (e.g., city-owned utilities, county-owned utilities). All other utility owners are encouraged, but not required, to provide Documents 2 and 3.&lt;br /&gt;
# A statement that the utility owner is not staffed or able to perform the required construction activities with its own forces.&lt;br /&gt;
# A copy of the request for proposal used to secure bids.&lt;br /&gt;
# A list of a minimum of 3 bidders whom they believe can do the work. &#039;&#039;&#039;Political subdivisions are required to advertise for the work&#039;&#039;&#039;.&lt;br /&gt;
# Upon review of these documents, the district utilities staff will advise the utility owner to proceed with the solicitation of bids, but the utility owner will not be permitted to award the contract without the concurrence of district utilities staff. For lump sum agreements, approval of contract work and subcontract work is not required.&lt;br /&gt;
&lt;br /&gt;
The following documents need to be provided as soon as the utility owner has determined the lowest qualified contractor and would like to award the project. Document 1 must be supplied by all utility owners. Document 2 is only required when the utility owner is a local government agency who is also a political subdivision of the state of Missouri (e.g., city-owned utilities, county-owned utilities). All other utility owners are encouraged, but not required, to provide Document 2.&lt;br /&gt;
# The name address of the lowest qualified contractor.&lt;br /&gt;
# The tabulation of bids received and other information to support their recommendation for award to the lowest qualified bidder.&lt;br /&gt;
&lt;br /&gt;
The district utilities staff will review and approve the utility owner&#039;s bid information prior to the award of the contract. The Design Liaison Engineer is available to assist the district with review of bid information if necessary. Once the district utilities staff provides concurrence, the utility owner may proceed with awarding the contract. When the utility owner is a local government agency who is also a political subdivision of the state of Missouri (e.g., city-owned utilities, county-owned utilities), a copy of the executed contract must be shared with the district utilities staff. All other utility owners are encouraged, but not required, to provide a copy of the executed contract.&lt;br /&gt;
&lt;br /&gt;
A [https://epg.modot.org/forms/general_forms/DE/UtilityConsultantContractChecklist.docx checklist is available for reviewing contracts] to ensure the contract conforms to MoDOT policy and complies with applicable federal regulations.&lt;br /&gt;
&lt;br /&gt;
When a utility owner chooses to utilize an existing continuing contract, the utility owner will submit a copy of the contract to the district utilities staff. The district utilities staff will review the contract for reasonableness of cost. If district utilities staff and the utility owner’s representative cannot agree on the reasonableness of cost, then the utility owner will be required to award a new construction contract.&lt;br /&gt;
&lt;br /&gt;
===643.2.16.3 Inspection===&lt;br /&gt;
The degree of inspection needed for utility adjustments will vary considerably with the nature and location of the work and whether the Commission is responsible for any portion of the cost of reimbursement. Judgment must be used regarding the manner and regularity of inspection duties. Some phases of the work require a very close check to ensure that the highway will not be adversely affected and to ensure satisfactory performance of work in accordance with the agreement and plans. The degree of inspection may vary from spot checking of overhead installations to continuous close observation of backfilling trenches beneath proposed pavement, embankment area, or adjacent to bridge abutments. Proper inspection can ensure that the utility adjustment is completed as efficiently as possible to minimize future impacts to the utility facility and the highway construction project. A [https://epg.modot.org/forms/general_files/DE/UtilityFieldInspectionChecklist.docx Field Inspection Checklist] to assist district utilities staff responsible for inspection is available.&lt;br /&gt;
&lt;br /&gt;
If it is found that any actual cost reimbursable utility adjustment is being performed by unapproved contractors, district utilities staff should direct the work to stop. The utility owner’s representative should be informed immediately and should be advised in writing that the costs incurred by an unapproved contractor are not eligible for reimbursement under provisions of the agreement. The district utilities staff can take appropriate steps to approve a subcontract and advise when the utility owner can recommence work.&lt;br /&gt;
&lt;br /&gt;
===643.2.16.4 Documentation===&lt;br /&gt;
All documents related to the construction of the utility adjustment necessary to allow highway construction should be stored in MoProjects.&lt;br /&gt;
&lt;br /&gt;
Construction records must be kept to confirm that work is done in accordance with the terms of the agreement and in the manner proposed in the plans. The importance of a complete and accurate record cannot be overemphasized. Detailed records are necessary to support the recommendation for payment of the final invoice. A complete, separate daily record must be kept on each actual cost adjustment and submitted for review when the final invoice is recommended for payment. This district utilities staff responsible for inspection should complete the Daily Utility Report (C-9).&lt;br /&gt;
&lt;br /&gt;
====643.2.16.4.1 Utility Reports====&lt;br /&gt;
The Daily Utility Report ([https://epg.modot.org/forms/general_files/DE/C-9.docx Form C-9]) and the Final Utility Report ([https://epg.modot.org/forms/general_files/DE/C-13.docx Form C-13]) are used for documenting utility adjustments necessary to allow highway construction. The use of C-9s and C-13s will vary with method of reimbursement. For utility adjustments necessary to allow highway construction that overlap with the highway contractor’s work, progress records should be kept as necessary to coordinate the highway and utility construction activities. Sufficient records must be maintained to check and verify the items of labor, equipment, materials, and salvaged items as submitted on the final invoice.&lt;br /&gt;
&lt;br /&gt;
=====643.2.16.4.1.1 Daily Utility Report (C-9)=====&lt;br /&gt;
C-9s are only required for actual cost agreements. The district utilities staff responsible for inspection must in all cases keep records to document inclement weather, down time, and verbal authorization for minor changes. The district utilities staff responsible for inspection must complete a C-9 documenting the number and classification of employees and number of hours worked. Records of material used and of retired materials returned to stock or scrapped must be kept. The utility owner’s major items of equipment must also be recorded. When work is done by the contract method based on unit prices, the district utilities staff responsible for inspection should ascertain that units of work as provided in the bid proposal are measured and recorded to form a basis for checking the final invoice. C-9s should list the location and the number of units of work accomplished for that period. If contract labor or equipment is used by a utility owner on the basis of a bid per hour, per day, etc., it will be necessary to keep records on this labor or equipment time in the same manner as if the utility owner were performing the work with its own internal forces. District utilities staff responsible for inspection should also note all contractors working for the utility owner and the contractor approval authorization dates given in the agreement.&lt;br /&gt;
&lt;br /&gt;
=====643.2.16.4.1.2 Final Utility Report (C-13)=====&lt;br /&gt;
C-13s summarize that the utility adjustment work that was done in accordance with the agreement and plans, the percentage of total cost that is the responsibility of the Commission, and any progress payments that have been made. A C-13 is required for both actual cost and lump sum agreements. The requested numbers shown on line 9 (Commission Estimated Cost) and line 10 (Amount of Final Bill) in the report are the Commission’s total responsibility.&lt;br /&gt;
&lt;br /&gt;
====643.2.16.4.2 Breakdown and Emergency====&lt;br /&gt;
When breakdown and emergency situations occur, prior approval by MoDOT is not required for contract or equipment rental work unless the cost or period of time will be extensive. The utility owner should furnish a letter as soon as possible to explain the situation and set out the estimated costs involved. The district utilities staff’s records should substantiate the need and the changes for personnel and equipment.&lt;br /&gt;
&lt;br /&gt;
====643.2.16.4.3 Stop Work====&lt;br /&gt;
If at any point, a stop work order is given by MoDOT to a utility owner, written documentation of the stop work order should be saved in MoProjects.&lt;br /&gt;
&lt;br /&gt;
===643.2.16.5 Change Orders===&lt;br /&gt;
Any change in the plan of adjustment should be documented in writing to the utility owner as a change order. If the change order is anticipated to exceed $100,000 or 15% of the original agreement amount, district utilities staff should negotiate a supplemental agreement with the utility owner’s representative. Once a supplemental agreement is in place, district utilities staff should contact Financial Services to obtain an adjustment of the obligation mid-project. Change orders without supplemental agreements will be settled once the project is complete.&lt;br /&gt;
&lt;br /&gt;
====643.2.16.5.1 Actual Cost Agreement====&lt;br /&gt;
Slight modifications in quantities or the addition of minor items not included with the original agreement do not require a supplemental agreement. However, such changes should be documented in writing with the utility owner. A supplemental agreement is needed if costs exceed the above threshold or if there is a change in the percentage of cost that is the Commission’s responsibility on an agreement with shared responsibility for costs. Intermediate partial payments cannot be made on items in a supplemental agreement until the supplemental agreement is approved.&lt;br /&gt;
&lt;br /&gt;
====643.2.16.5.2 Lump Sum Agreement====&lt;br /&gt;
A supplemental agreement to a Lump Sum Agreement is only required for significant changes in the scope of work of the utility adjustment necessary to allow highway construction. Normal overruns are not considered as changes in approved work and will not be reimbursed. Significant changes in the scope of work on utility adjustments necessary to allow highway construction cannot be done until the supplemental agreement is approved, and the adjustment in obligation of funds is complete.&lt;br /&gt;
&lt;br /&gt;
==643.2.17 Utilities during Highway Construction==&lt;br /&gt;
The contractor is responsible for having utilities located by contacting Missouri One-Call (811) prior to any excavation on the project. A reminder of this responsibility should be made at the preconstruction meeting.&lt;br /&gt;
&lt;br /&gt;
===643.2.17.1 Preconstruction Meeting (Pre-Con)===&lt;br /&gt;
District utilities staff should be invited to all pre-cons.&lt;br /&gt;
&lt;br /&gt;
Pre-cons fall into three categories relating to utilities:&lt;br /&gt;
# No utility adjustments are anticipated within the project limits,&lt;br /&gt;
# All utility adjustments completed prior to the pre-con, and&lt;br /&gt;
# All utility adjustments not completed prior to the pre-con.&lt;br /&gt;
&lt;br /&gt;
====643.2.17.1.1 No Utility Adjustments Anticipated within the Project Limits====&lt;br /&gt;
For projects without a Utility Job Special Provision (JSP), no involvement of the utility owners is required at the pre-con. For projects with a Utility JSP, the Resident Engineer (RE) should invite all utility owner representatives listed in the JSP with known required adjustment to the pre-con. The RE should review potential impacts of the highway construction project with the contractor and the utility owner.&lt;br /&gt;
&lt;br /&gt;
====643.2.17.1.2 All Utility Adjustments Completed Prior to the Pre-Con====&lt;br /&gt;
The RE should invite all utility owner representatives listed in the JSP with known required adjustment to the pre-con. The RE should review potential impacts of the highway construction project with the contractor and the utility owner. A general discussion should highlight the previous adjustments made by the utility owner and what abandoned utility facilities the contractor may encounter.&lt;br /&gt;
&lt;br /&gt;
====643.2.17.1.3 All Utility Adjustments Not Completed Prior to the Pre-Con====&lt;br /&gt;
It is important for the RE and inspector to understand the utility owner’s work schedule and how it relates to the contractor’s work schedule. During the pre-con, the schedule of the utility owner and highway construction contractor should be discussed, and conflicts should be addressed to allow utility adjustments and highway construction to progress as near to the proposed schedule as possible. On large-scale projects that have many utility issues to address that could impact the work of the highway construction contractor, it may be necessary to have a separate pre-con with utility owner representatives.&lt;br /&gt;
&lt;br /&gt;
===643.2.17.2 Coordination Meetings===&lt;br /&gt;
When the utility work will not be completed soon after the preconstruction meeting, the RE should meet with district utilities staff, the highway construction contractor, and the utility owner representatives on a regular basis to discuss utility coordination issues, so expectations from all parties are known and conveyed clearly. The utility owner may need some work performed by MoDOT or the highway construction contractor prior to completing their adjustments. (Examples include: survey staking of right of way or proposed facilities, trees cleared, grading performed, or new structures built).&lt;br /&gt;
&lt;br /&gt;
==643.2.18 Service Drops==&lt;br /&gt;
Power and communication services provided by utility owners are necessary for the operation of the highway system. These services may include power to traffic signals, lighting, or ITS devices; power for cathodic protection; or telecommunication services to signal controllers or ITS devices. The project design teams should work with district utilities staff to identify proper locations for the applicable utility owners to provide these services. Various utility owners have different requirements for this process. The district utilities staff is encouraged to develop a workable relationship with the utility owners who provide these services to MoDOT. The costs of installing the services charged by the utility owner are considered a non-contractual item and should be accounted for in the project’s budget in the STIP. The proposed location and method for the service drops should be shown on the roadway plans. District utilities staff should meet with the utility owner’s representative to ensure the proposed location can be accommodated by the utility owner. For electrical service connections, the power supply assembly is ideally located a maximum of ten feet (10’) from the source location. Plans submitted for PS&amp;amp;E should reflect the agreed upon location for all service connections. During construction, district utilities staff and district construction staff should work together to ensure the placement of the services is consistent with the project plans. Payment for the service drops should be invoiced by the utility owner to the district. District utilities staff is responsible for submission of the invoice directly to Financial Services for payment noting the non-contractual charges for the project.&lt;br /&gt;
&lt;br /&gt;
==643.2.19 Buy America Build America for Utilities==&lt;br /&gt;
FHWA’s Buy America Build America (BABA) policies require a domestic manufacturing process for all steel or iron products, other construction materials, and manufactured products that are permanently incorporated into Federal-Aid Highway construction projects, including products and materials used for adjustments to utility facilities to allow highway construction. These guidelines are for all federally reimbursable transportation projects where FHWA is the lead federal agency; it does not take precedence over projects where Federal Transit Administration or the Federal Railroad Administration is deemed the be the lead federal agency.&lt;br /&gt;
&lt;br /&gt;
===643.2.19.1 Program Requirements for Utilities===&lt;br /&gt;
All MoDOT projects are federal-aid projects, and therefore, all reimbursable utility adjustments are required to follow the provisions of BABA. More information on MoDOT’s BABA policy and procedures can be found in [[106.9_Buy_America_Requirement|EPG 106.9 Buy America Requirement]]. Specifically, utility owners should be aware of the following procedures for determining applicability of the EPG 106.9 requirements to reimbursable utility adjustments necessary to allow highway construction:&lt;br /&gt;
* BABA does not apply when materials are relocated from one location to another within the project limits.&lt;br /&gt;
* BABA does not apply for materials necessary for temporary utility adjustments assuming materials are removed from the right of way upon completion of the utility adjustment to allow highway construction.&lt;br /&gt;
* Non-reimbursable work must be kept separate from reimbursable work (agreements, permits, etc.) in order to not be subject to BABA.&lt;br /&gt;
&lt;br /&gt;
===643.2.19.2 Certification Requirements for Utilities===&lt;br /&gt;
Utility owners have the option of choosing either to self-certify BABA compliance or provide vendor/manufacturer certification to MoDOT. The method of certification is chosen by the utility owner and is documented in either the MRUA or the project specific agreement. Regardless of agreement type or certification method, the utility owner must be compliant with BABA requirements.&lt;br /&gt;
&lt;br /&gt;
====643.2.19.2.1 BABA Utility Owner Self-Certification====&lt;br /&gt;
If a utility owner chooses to self-certify BABA compliance, the utility owner is not required to provide MoDOT copies of the supplier certification as part of the project documentation or with the final invoice for any reimbursable utility adjustment necessary to allow highway construction. Retention of all documents should be as described in the agreement.&lt;br /&gt;
&lt;br /&gt;
====643.2.19.2.2 BABA Vendor/Manufacturer Certification====&lt;br /&gt;
If a utility owner chooses to use vendor/manufacturer certification, the utility owner will supply MoDOT BABA compliance from all vendors and/or manufacturers. Certification from vendors will be signed by an authorized representative of the vendor on company letterhead or other acceptable documentation and will declare that all supplied materials subject to BABA requirements are fully compliant. Certification from iron or steel manufacturers must be in the form of a mill test report (MTF) issued and signed by the initial fabricator stating the materials subject to BABA were melted and manufactured in the United States. Other written statements on company letter or other acceptable documentation signed by an authorized representative of the manufacturer for any additional treatment to the fabricated material (such as blasting, galvanizing, painting, or coating) will state that all treatment processes occurred in the United States according to FWA guidelines. Retention of all documents should be as described in the agreement. Manufacturer certification for manufactured products or construction materials will state that all materials were sourced from the United States and were fabricated in the United States. Retention of all documents should be as described in the agreement.&lt;br /&gt;
&lt;br /&gt;
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&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643.4 Railroads (NO CHANGE) &#039;&#039;PAGE TITLE&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;&lt;br /&gt;
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==236.5.12 Excess Land Conveyances &amp;amp; Relinquishments - Utilities==&lt;br /&gt;
All conveyances and relinquishments of Commission-owned property shall be evaluated for the existence of any utility facilities located within the areas to be conveyed or relinquished. A conveyance or relinquishment of Commission-owned property may have implications to the utility facilities, and the utility owners, when the Commission no longer controls the property. It is important to maintain the continuity of utility facilities for the general public; therefore, to identify and minimize potential impacts, MoDOT shall involve utility owners in the conveyance and relinquishment processes.&lt;br /&gt;
&lt;br /&gt;
===236.5.12.1 Excess Land Conveyances Utilities===&lt;br /&gt;
MoDOT shall only recommend that a property be declared excess upon satisfactorily addressing the utility impacts. Whether MoDOT or an external party initiates the conveyance of excess property, utility impacts shall be adequately addressed by using one of the following methods: &lt;br /&gt;
:1. Each utility facility will be relocated by permit into a new utility corridor retained by the Commission.&lt;br /&gt;
:2. Each utility facility will remain in place with the benefit of a non-exclusive permanent utility easement.&lt;br /&gt;
::&#039;&#039;If the Commission holds fee simple title to the property, the Commission shall convey a non-exclusive permanent utility easement to each utility owner&#039;&#039;.&lt;br /&gt;
::&#039;&#039;If the Commission holds a less than fee simple title interest in the property, MoDOT shall facilitate the conveyance of a non-exclusive permanent utility easement from the party acquiring the property to each utility owner&#039;&#039;.&lt;br /&gt;
:3. Each utility facility will be relocated to another portion of the property being conveyed.&lt;br /&gt;
::&#039;&#039;If the Commission holds fee simple title to the property, the Commission shall convey a non-exclusive permanent utility easement to each utility owner&#039;&#039;. &lt;br /&gt;
::&#039;&#039;If the Commission holds a less than fee simple title interest in the property, MoDOT shall facilitate the conveyance of a non-exclusive permanent utility easement from the party acquiring the property to each utility owner&#039;&#039;.&lt;br /&gt;
:4. Each utility facility will be relocated onto a portion of the property already owned by the party acquiring the Commission-owned property, with the benefit of a non-exclusive permanent easement. (MoDOT shall facilitate the conveyance of a non-exclusive permanent utility easement from the party acquiring the property to each utility owner.)&lt;br /&gt;
:5. A three-party negotiated settlement taking into consideration the overall value of the proposed transaction.&lt;br /&gt;
:6. Additional options to address utility impacts may be utilized with approval from the Asst. to the State Design Engineer - Right of Way.&lt;br /&gt;
&lt;br /&gt;
===236.5.12.2 Road Relinquishment Utilities===&lt;br /&gt;
MoDOT shall only recommend the relinquishment of roadways through the [[236.14 Change in Route Status Report|Change in Route Status Report]] upon satisfactorily addressing the impacts to utility facilities. If the roadway will be relinquished to a local public transportation authority, with the intent that it continues to be used as a public roadway, a clause similar to the following shall be included in the deed from the Commission to the local public transportation authority:&lt;br /&gt;
:&#039;&#039;&amp;quot;Grantee, by acceptance of this conveyance, covenants and agrees for itself, its successors and assigns, to allow known or unknown utility facilities currently located on the property, whether of record or not, to remain on the property, and to grant the current and subsequent owners of those facilities the right to maintain, construct and reconstruct the facilities and their appurtenances over, under, and across the land herein conveyed, along with the right of ingress and egress across the land herein conveyed to and from those utilities.&amp;quot;&#039;&#039; &lt;br /&gt;
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Proposed roadway relinquishments to private entities shall be reviewed in a manner consistent with the conveyance of excess property described in [[236.5 Property Management#236.5.3 Asset Management Committee|EPG 236.5.3 Asset Management Committee]].&lt;/div&gt;</summary>
		<author><name>Hoskir</name></author>
	</entry>
	<entry>
		<id>https://epg.modot.org/index.php?title=User:Hoskir/Revision_Request_4225&amp;diff=58888</id>
		<title>User:Hoskir/Revision Request 4225</title>
		<link rel="alternate" type="text/html" href="https://epg.modot.org/index.php?title=User:Hoskir/Revision_Request_4225&amp;diff=58888"/>
		<updated>2026-06-23T14:49:08Z</updated>

		<summary type="html">&lt;p&gt;Hoskir: /* 643.1.1.3 Abandoned Utility Facilities */&lt;/p&gt;
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&lt;div&gt;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643 Utility Procedures  &#039;&#039;CATEGORY&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt; &lt;br /&gt;
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| &#039;&#039;&#039;&amp;lt;center&amp;gt;&amp;lt;u&amp;gt;Additional Resources&amp;lt;/u&amp;gt;&amp;lt;/center&amp;gt;&#039;&#039;&#039;&lt;br /&gt;
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| ● [https://www.ecfr.gov/current/title-23/chapter-I/subchapter-G/part-64523 CFR 645]&lt;br /&gt;
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| ● [https://www.sos.mo.gov/cmsimages/adrules/csr/current/7csr/7c10-3.pdf7 CSR 10-30]&lt;br /&gt;
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&#039;&#039;&#039;Utility Accommodation Policy:&#039;&#039;&#039; State DOTs are required to develop policies and procedures pertaining to the use, accommodation, and/or relocation of public and private utility facilities on highway rights-of way using Federal-aid highway funds. State DOTs are required to develop, maintain, and obtain FHWA approval of their Utility Accommodation Policy (UAP) (23 CFR section 645.215). This EPG article 643 and subarticles 643.1 through 643.3 are Missouri Department of Transportation (MoDOT)’s Utility Accommodation Policy. Text in EPG 643 consolidates various federal and state statutes and rules into a single, cohesive, workable policy to outline processes for MoDOT staff and utility owners.&lt;br /&gt;
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&#039;&#039;&#039;Delegation of Work:&#039;&#039;&#039; Each MoDOT district is responsible for ensuring implementation of the UAP outlined in the subsequent EPG articles. Each district can create its own organization for whom is responsible for the work including between divisions and job titles. Work responsibilities within this article and subarticles are generic where possible. If a specific title is included, that title has sole responsibility for that item of work.&lt;br /&gt;
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&#039;&#039;&#039;643 documents not being used&#039;&#039;&#039;&lt;br /&gt;
[[media:144 Major Highway System 2022.pdf|major routes]]&lt;br /&gt;
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&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643.1 Utility Location  &#039;&#039;PAGE TITLE&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt; &lt;br /&gt;
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The information in this article provides a uniform system for regulating the location, construction, maintenance, removal, and relocation of utility facilities on the right of way of roadways located on the state highway system. It also provides for the facilitation of construction and maintenance of these roadways. Any location or relocation of utility facilities contrary to this information is an interference with the construction, maintenance, or operation of a state highway and its right of way and is prohibited.&lt;br /&gt;
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==643.1.1 Permits==&lt;br /&gt;
All utility owners are required to obtain a permit to work on Missouri Highway and Transportation Commission (Commission) right of way. A permit is required for original installation of the utility facility, on-going maintenance of the utility facility, or adjustments to a utility facility necessary to allow highway construction. Per [[127.29_Stormwater#127.29.4.3_MCM_3:_Illicit_Discharge_Detection_and_Elimination_(IDDE)_Program|EPG 127.29.4.3]], discharges of anything other than stormwater are not permitted. A deposit or bond is required to ensure completion of the work in accordance with the permit issued. An [https://www.modot.org/permits application for a permit] may be made on established forms specifically stating the nature of the work to be performed. Applications for permits may be obtained at any of the [https://www.modot.mo.gov/ seven (7) district highway offices] of the Commission, [https://www.modot.mo.gov/ MoDOT&#039;s website], or by requesting it from the office of the Missouri Highways and Transportation Commission in Jefferson City, Missouri. The application for a permit will specifically state the nature of the work to be performed, what specific type of utility facility is to be installed, and, if necessary, the timeframe of any temporary use. Piping of any type of sewage or waste will only be allowed providing any permitting by a regulatory agency, such as Missouri Department of Natural Resources, can be provided. Prior to obtaining a permit through MoDOT’s permit system, a utility owner will be required to provide a bond to ensure satisfactory work and complete a TR50 Electronic Signature Agreement with the Commission. The name of the utility owner must match on the bond, TR50, and in the permit system. More information on permitting can be found in [[:Category:941_Permits_and_Access_Requests|EPG 941]].&lt;br /&gt;
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===643.1.1.1 Emergency Work===&lt;br /&gt;
When emergency operations work is necessary, the damaged utility facility may be accessed immediately and without a permit by leaving the pavement at such points as may be necessary to effect emergency repairs, provided immediate notice is given to the Missouri State Highway Patrol and the district utilities staff for the district wherein the work will be performed, and a permit for emergency operations is requested immediately upon discovery of the need for emergency operations. A permit for emergency operations work is to be obtained as soon as practical, but in no event later than two (2) working days after the emergency operations work has commenced. Emergency operations include, but are not limited to, unplanned work in response to utility facilities being so damaged as to constitute an emergency situation directly affecting or endangering traffic on the highway or public health or safety.&lt;br /&gt;
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===643.1.1.2 Third-Party Inspection===&lt;br /&gt;
When a utility owner has a large number of projects in a given area or projects involving great complexity, MoDOT reserves the right to limit the number of permits open at any given time. With approval of the district utilities staff, a utility owner may hire a third-party inspector, at their cost. The third-party inspector will allow the utility owner to increase the number of permits open at any given time. The responsibility of the third-party inspector will be to ensure the installation of the utility facility proceeds in a manner consistent with the plans approved in the permit, including all work zone requirements and conformity with MoDOT’s Standards and Specifications. The MoDOT approved third-party inspector will be listed in the permit. MoDOT may audit third-party inspections and revoke the right to use third-party inspections should the inspectors fail to perform their duties.&lt;br /&gt;
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===643.1.1.3 Abandoned Utility Facilities===&lt;br /&gt;
All utility facilities installed in Commission right of way are the property of the utility owner whether the utility facility is active or inactive. MoDOT may allow a utility facility to remain on Commission right of way whether the utility facility was abandoned for a MoDOT project or at the utility owner’s discretion. MoDOT may place requirements (such as removing inactive fiber optic cables, grouting pipes, removing valves) on the utility owner as part of the process of abandoning a utility facility. Liability for damage to Commission right of way due to an abandoned facility remains the responsibility of the utility owner. In the event MoDOT requires the removal of the abandoned utility facility, responsibility for the cost of the removal will be determined per [[#643.2.8_Cost_Responsibility|EPG 643.2.8]].&lt;br /&gt;
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==643.1.2 Definitions==&lt;br /&gt;
&#039;&#039;&#039;Bridge Attachment:&#039;&#039;&#039; A bridge attachment is any utility facility, including communication lines and electrical lines, or any other utility facility of a similar nature that is fastened to a bridge for the purpose of spanning an obstacle.&lt;br /&gt;
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&#039;&#039;&#039;Clear zone:&#039;&#039;&#039; The total roadside border area starting at the edge of the traveled way, available for safe use by errant vehicles. This area may consist of a shoulder, a recoverable slope, a non-recoverable slope, and/or the area at the toe of a non-recoverable slope available for safe use by an errant vehicle. Clear zone dimensions are provided in the current edition of American Association of State Highway Transportation Officials Roadside Design Guide.&lt;br /&gt;
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&#039;&#039;&#039;Ditch Line:&#039;&#039;&#039; A line where the roadway ditch meets the back slope. It is located at the lowest point of a V-bottom ditch or furthest point from the roadway of a flat bottom ditch where the roadway slopes back to the existing ground line.&lt;br /&gt;
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&#039;&#039;&#039;Duct:&#039;&#039;&#039; An enclosed tubular casing, or raceway, for protecting wires, lines, or cables that is often flexible or semi-rigid (1-3% diametric deflection). The casing, or raceway, is separate from the cable or conductor that passes through it.&lt;br /&gt;
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&#039;&#039;&#039;Encasement:&#039;&#039;&#039; The term encasement means the placing of an installation around and outside of an underground facility consisting of a larger conduit that permits the removal and replacement of the facility. An alternate to the conduit type encasement is reinforced concrete poured around the utility facility. Utility owners are allowed to use any types of material as a carrier and encasement for its facilities as expressly provided for in the permit issued for the installation of the utility facility.&lt;br /&gt;
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&#039;&#039;&#039;Freeway:&#039;&#039;&#039; A divided arterial highway with full control of access.&lt;br /&gt;
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&#039;&#039;&#039;Highway:&#039;&#039;&#039; Any public way for vehicular travel, including the entire area within the right of way and related facilities constructed or improved and maintained by the Missouri Highways and Transportation Commission (MHTC) acting through the Missouri Department of Transportation (MoDOT).&lt;br /&gt;
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&#039;&#039;&#039;Interchange Limits:&#039;&#039;&#039; For the uniform handling of utility installations only, the limits of an interchange are the outside ramp curve points. See [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_1_TypicalInterchangeLimits_AOD.pdf EPG Figure 643.1.1] for an example.&lt;br /&gt;
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&#039;&#039;&#039;Interstate System or Other Freeways/Expressways:&#039;&#039;&#039; Interstate highways and highways with fully controlled access.&lt;br /&gt;
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&#039;&#039;&#039;Major Routes (Interstates, Freeways/Expressways and Principal Arterials):&#039;&#039;&#039; The major highway system is all routes functionally classified as principal arterials. The principal arterial system provides for statewide or interstate movement of traffic. The major roads in Missouri total approximately 5,500 centerline miles.&lt;br /&gt;
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&#039;&#039;&#039;Minor Routes:&#039;&#039;&#039; The minor highway system is all routes functionally classified as minor arterials or collectors. These routes mainly serve local transportation needs. The minor roads in Missouri total approximately 28,400 centerline miles.&lt;br /&gt;
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&#039;&#039;&#039;Normal Right of Way Line:&#039;&#039;&#039; An imaginary line that connects sudden breaks in the major right of way points for roadways. Sight distance right of way points (triangles) at roadway intersections are not to be considered as sudden breaks for determining normal right of way.&lt;br /&gt;
[[File:fig_643.1.2-06_2026.jpg|none|700px|thumb|Figure 643.1.2 Normal Right of Way Line.]]&lt;br /&gt;
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&#039;&#039;&#039;Private Lines:&#039;&#039;&#039; Privately owned utility facilities which convey or transmit the commodities outlined in the definition of utility facility of this section but devoted exclusively to private use.&lt;br /&gt;
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&#039;&#039;&#039;Scenic Enhancement Areas:&#039;&#039;&#039; Scenic enhancement areas include areas acquired or so designated as scenic strips, overlooks, rest areas, recreation areas, and the right of way of adjacent roadways and the right of way of roadways that pass through public parks and historic sites as described under 23 USC 138.&lt;br /&gt;
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&#039;&#039;&#039;Utility Corridor:&#039;&#039;&#039; An area established for the placement of utility facilities parallel to the normal right of way line.&lt;br /&gt;
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&#039;&#039;&#039;Utility Facility:&#039;&#039;&#039; Privately, publicly, or cooperatively owned line, facility, or system for producing, transmitting, or distributing communications, cable television, power, electricity, light, heat, gas, oil, crude products, water, steam, waste, storm water not connected with highway drainage or any other similar commodity, including any fire or police signal system or street lighting system which directly or indirectly serves the public and does not include privately owned facilities devoted exclusively to private use. The term &amp;quot;utility facility&amp;quot; includes those facilities used solely by the utility owner that are a part of its operating plant.&lt;br /&gt;
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&#039;&#039;&#039;Utility Owner:&#039;&#039;&#039; The utility owner is the utility company, inclusive of any wholly owned or controlled subsidiary, or city or county which owns utility facilities. The term also includes those government agencies that lease a utility facility for its own use or otherwise dedicated solely to governmental use.&lt;br /&gt;
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&#039;&#039;&#039;Variance:&#039;&#039;&#039; A one- (1-) time deviation from the requirements for location or relocation of utility facilities on the right of way of highways in the state highway system as established in [https://www.sos.mo.gov/cmsimages/adrules/csr/current/7csr/7c10-3.pdf Title 7 Code of State Regulations 10-3], requested by the utility, and approved by a MoDOT District Design Engineer.&lt;br /&gt;
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==643.1.3 Location of Utility Facilities==&lt;br /&gt;
Utility facilities paralleling the roadway should be installed in the utility corridor except as outlined below. The utility corridor is the space for all utility owners generally within six feet (6’) of the normal right of way line. When considering if the current utility corridor is available to expand from six feet (6’) to as much as twelve feet (12’), MoDOT determines if the expansion is warranted. In making the determination, MoDOT will consider the existing utilization of the original six feet (6’) corridor. Poles must remain within two feet (2’) of the normal right of way line unless approved by a variance. The utility corridor will only be expanded beyond six feet (6’) if the original six feet (6’) corridor is fully utilized and additional space would be required to accommodate additional utility facilities. Acquisition of additional right of way to establish a twelve feet (12’) corridor is not required on highway construction projects. For depths for underground utility facilities, see [[#643.1.4.1_Minimum_Cover_for_Underground_Facilities|EPG 643.1.4.1]].&lt;br /&gt;
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Utility facilities crossing the roadway should be installed as close to ninety degrees (90°) to the centerline of the roadway as possible and based on the guidelines below depending on the type of roadway. See [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_3_TypicalUtilityCorridor-InterchangeatMajorRoute_AOD.pdf EPG Figure 643.1.3] and [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_4_TypicalUtilityCorridor-InterchangeatMinorRoute_AOD.pdf EPG Figure 643.1.4] for typical utility corridors around interchanges.&lt;br /&gt;
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===643.1.3.1 Interstate System or Other Major Freeways/Expressways===&lt;br /&gt;
The installation of all utility facilities on highways of the Interstate System or other major freeways/expressways with fully controlled access are to be installed, serviced, and maintained without entering or leaving the roadway and ramps except at points approved by MoDOT for that purpose and without parking any equipment or storing materials upon the medians, roadway and ramps, or shoulders of the roadways. Cutting or damaging the pavement or paved shoulders is not permitted. New service connections to existing parallel utility facilities are to be permitted only where an outer roadway exists and then only where access is permitted by the Commission. Careful consideration will be given to the location of guys, anchors, braces, and other supports. Generally, good design practice will provide that appurtenances be located at right of way jogs, along intersecting road right of way, or at other similar acceptable locations, so that encroachment is held to an absolute minimum.&lt;br /&gt;
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No utility facilities will be permitted within the interchange limits of an interchange between fully limited access highways where planned or existing. Utility facilities within the interchange limits of an interchange with a non-access controlled highway will be permitted only along the minor road, provided that all construction, service, and maintenance can be performed from the minor road. Manholes and poles must be located beyond the ramp termini.&lt;br /&gt;
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For structures carrying or over interstates or other major freeways/expressways, see [[#643.1.5_Bridge_Attachment_Policy|EPG 643.1.5]].&lt;br /&gt;
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====643.1.3.1.1 Utility Facilities Crossing the Interstate or Other Major Freeways/Expressways====&lt;br /&gt;
=====643.1.3.1.1.1 Overhead Crossings of the Interstate or Other Major Freeways/Expressways=====&lt;br /&gt;
Overhead crossings of utility facilities are permitted only for power transmission and distribution lines and for multiple circuit communication lines where an underground installation is not economically feasible. Supports for existing utility facilities crossing overhead may remain on the right of way provided they are near the right of way line regardless of the presence of an outer road. Supports for new overhead utility facilities crossing overhead may be located on the right of way near the right of way line where an outer roadway exists and are to be located off the right of way where no outer roadway exists. Overhead service crossings are only permitted in isolated cases for residential or commercial establishments when the denial of the crossing would require construction of more than 1,200 feet (1,200’) of utility line to provide the service. Main or distribution line crossings are required to serve a general area other than isolated cases.&lt;br /&gt;
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=====643.1.3.1.1.2 Underground Crossings of the Interstate or Other Major Freeways/Expressways=====&lt;br /&gt;
Underground crossings of utility facilities are to be continuously encased under the pavement, medians, ramps, and shoulders with the casing extending to the toe of the fill slopes or to the ditch line. In curbed sections, encasement should extend outside the outer curb of the roadways a distance equal to the depth of the encasement at the curb line. Where installed by open trench through unpaved areas, detector tape should be placed approximately one foot (1&#039;) above the encasement. Where an interstate or other major freeway has a parallel outer roadway, encasement should be continuous under all roadways within the right of way.&lt;br /&gt;
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Manholes or vent pipes are to be located at the right of way line or adjacent to the outer roadway.&lt;br /&gt;
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For fiber optic cable, encasement should extend from within six feet (6&#039;) of one right of way line to within six feet (6&#039;) of the other right of way line.&lt;br /&gt;
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Exceptions may be made for encasement as listed in [[#643.1.4.2_Exceptions_to_Encasement|EPG 643.1.4.2]].&lt;br /&gt;
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=====643.1.3.1.1.3 Parallel Installations along the Interstate or Other Major Freeways/Expressways=====&lt;br /&gt;
New parallel installations on the right of way may be permitted only where an outer roadway exists, provided that poles are within two feet (2&#039;) of the normal right of way line and underground utility facilities are within the utility corridor, and provided that the utility facility can be installed and maintained between the outer roadway and the right of way line. Existing overhead or underground utility facilities that parallel an existing roadway which will be incorporated into a completed highway as an outer roadway may remain in place if all maintenance and service can be performed from an outer roadway and the existing location does not interfere with construction, maintenance, or operation of the completed highway. If an existing parallel utility facility needs to be relocated so as to not interfere with the construction, maintenance, or operation of the completed interstate or other major freeway, poles may be located withing five feet (5’) of the right of way line.&lt;br /&gt;
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Underground utility facilities are expected to be buried within the utility corridor of sight distance triangles (SDTs) at roadway intersections unless granted a variance. Overhead utility facilities may be allowed to span intersecting roadways with SDTs provided the poles, or supports, are located outside the SDT.&lt;br /&gt;
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=====643.1.3.1.1.4 Sanitary Sewers within the Right of Way of Interstates or Other Major Freeways/Expressways=====&lt;br /&gt;
New installations of sanitary sewers should follow the applicable guidelines for either underground crossings or parallel installations as appropriate. Existing gravity trunk sanitary sewers should be considered individually and removed or left in place contingent upon its age, condition, feasibility of moving, and maintenance access. Encasement of existing trunk sewers left in place may be required for questionable condition, protection during construction, or heavy fills.&lt;br /&gt;
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Manholes should be relocated to the right of way lines or adjacent to an outer roadway.&lt;br /&gt;
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===643.1.3.2 Major Routes===&lt;br /&gt;
For structures carrying or over major routes, see [[#643.1.5_Bridge_Attachment_Policy|EPG 643.1.5]].&lt;br /&gt;
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====643.1.3.2.1 Major Routes with Partially Controlled Access Right of Way====&lt;br /&gt;
The installation of all utility facilities on highways with partially controlled access right of way are to be installed, serviced, and maintained without entering or leaving the roadway and ramps except at points approved by MoDOT for that purpose and without parking any equipment or storing materials upon the medians, roadway and ramps, or shoulders of the roadways. Cutting or damaging the pavement or paved shoulders is not permitted. Equipment or materials stored within the right of way must be protected by longitudinal barrier or be located outside the clear zone. New service connections to existing parallel utility facilities are to be permitted only where granted by the Commission.&lt;br /&gt;
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No utility facilities will be permitted within the interchange limits of an interchange between fully limited access highways where planned or existing. Utility facilities within the interchange limits of an interchange with a non-access controlled highway will be permitted only along the minor road, provided that all construction, service, and maintenance can be performed from the minor road. Manholes and poles must be located beyond the ramp termini.&lt;br /&gt;
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====643.1.3.2.2 Major Routes with Normal Access Right of Way====&lt;br /&gt;
All new utility facilities will be installed and maintained without cutting or damaging the pavement or paved shoulders except in the event underlying rock formations or other obstructions are encountered that prevent boring or pushing operations. A variance may be granted for pavement cuts when the need is established. Pavement cuts may only be made by permits issued when it is impractical to otherwise service and maintain the facility. The installation of all utility facilities is to be installed without parking any equipment or storing materials upon the medians, roadway and ramps, or shoulders of the roadways. Equipment or materials stored within the right of way must be protected by longitudinal barrier or be located outside the clear zone.&lt;br /&gt;
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====643.1.3.2.3 Utility Facilities Crossing Major Routes====&lt;br /&gt;
=====643.1.3.2.3.1 Overhead Crossings of Major Routes=====&lt;br /&gt;
Supports for utility facilities crossing overhead should be located as near the right of way line as possible. For major routes with controlled access right of way, new overhead service crossings may be permitted in isolated cases for residential or commercial establishments where the denial of such crossings would require the construction of more than 1,200 feet (1,200’) of utility line to provide the same service. For major routes with normal access right of way, there is no restriction on the placement of service crossings.&lt;br /&gt;
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=====643.1.3.2.3.2 Underground Crossings of Major Routes=====&lt;br /&gt;
Underground crossings of utility facilities are to be continuously encased under the pavement, medians, ramps, and shoulders with the casing extending to the toe of the fill slopes or to the ditch line. In curbed sections, encasement should extend outside the outer curb of the roadways a distance equal to the depth of the encasement at the curb line. Where installed by open trench through unpaved areas, detector tape should be placed approximately one foot (1&#039;) above the encasement. Where a major route has a parallel outer roadway, encasement should be continuous under all roadways within the right of way.&lt;br /&gt;
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Manholes or vent pipes are to be located at the right of way line or adjacent to the outer roadway.&lt;br /&gt;
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For fiber optic cable, encasement should extend from within six feet (6&#039;) of one right of way line to within six feet (6&#039;) of the other right of way line.&lt;br /&gt;
&lt;br /&gt;
Exceptions may be made for encasement as listed in [[#643.1.4.2_Exceptions_to_Encasement|EPG 643.1.4.2]].&lt;br /&gt;
&lt;br /&gt;
====643.1.3.2.4 Parallel Installations along Major Routes====&lt;br /&gt;
New parallel installations on the right of way may be permitted provided that poles are within two feet (2&#039;) of the normal right of way line and underground utility facilities are within the utility corridor. Existing overhead or underground utility facilities that parallel an existing roadway which will be incorporated into a completed highway may remain in place if all maintenance and service can be performed without entering or leaving the roadway except at approved access points; without parking equipment or storing materials on the median, pavement, ramps, or shoulders; and the existing location does not interfere with construction, maintenance, or operation of the completed highway. If an existing parallel utility facility needs to be relocated so as to not interfere with the construction, maintenance, or operation of the completed highway, poles may be located withing five feet (5’) of the right of way line.&lt;br /&gt;
&lt;br /&gt;
Existing steel pipe transmission and distribution facilities for gaseous petroleum products that parallel an existing roadway that will be incorporated into the completed roadway may be left in place subject to an agreement by the utility owner that maintenance or service and facility expansion will be performed without cutting or damaging the pavement or interfering with the construction, maintenance, and operation of the highway and provided that the facility is cathodically protected against corrosion and meets the applicable material requirements.&lt;br /&gt;
&lt;br /&gt;
Underground utility facilities are expected to be buried within the utility corridor of sight distance triangles (SDTs) at roadway intersections unless granted a variance. Overhead utility facilities may be allowed to span intersecting roadways with SDTs provided the poles, or supports, are located outside the SDT.&lt;br /&gt;
&lt;br /&gt;
====643.1.3.2.5 Sanitary Sewers within the Right of Way of Major Routes====&lt;br /&gt;
New installations of sanitary sewers should follow the applicable guidelines for either underground crossings or parallel installations as appropriate. An existing gravity trunk sanitary sewer should be considered individually and removed or left in place contingent upon its age, condition, feasibility of moving, and maintenance access. If an existing parallel gravity main is left in place within the limits of the paved surface, paved shoulder lines, or curb lines, stub mains as required will be laid between the sewer main and curb or shoulder lines for future service connections in each block. Manholes should be relocated outside the traveled roadway as near the right of way line as practical.&lt;br /&gt;
&lt;br /&gt;
===643.1.3.3 Minor Routes===&lt;br /&gt;
For structures carrying or over minor routes, see [[#643.1.5_Bridge_Attachment_Policy|EPG 643.1.5]].&lt;br /&gt;
&lt;br /&gt;
====643.1.3.3.1 Utility Facilities Crossing Minor Routes====&lt;br /&gt;
=====643.1.3.3.1.1 Overhead Crossings of Minor Routes=====&lt;br /&gt;
Existing overhead crossings that interfere with construction, maintenance, or operation should be relocated with their supports as near the right of way line as is practical. New overhead crossing installations should be located with their supports as near the right of way line as is practical.&lt;br /&gt;
&lt;br /&gt;
=====643.1.3.3.1.2 Underground Crossings of Minor Routes=====&lt;br /&gt;
All new utility facilities should be installed and maintained without cutting or damaging the pavement or paved shoulders. A variance may be granted for pavement cuts when servicing and maintaining the facility by any other methods is impractical. Pavement cuts may only be made by permits issued. Underground crossings of utility facilities are to be continuously encased under the pavement, medians, ramps, and shoulders with the casing extending to the toe of the fill slopes or to the ditch line. In curbed sections, encasement should extend outside the outer curb of the roadways a distance equal to the depth of the encasement at the curb line. Where installed by open trench through unpaved areas, detector tape should be placed approximately one foot (1&#039;) above the encasement.&lt;br /&gt;
&lt;br /&gt;
Manholes or vent pipes are to be located at the right of way line or adjacent to the outer roadway.&lt;br /&gt;
&lt;br /&gt;
For fiber optic cable, encasement should extend from within six feet (6&#039;) of one right of way line to within six feet (6&#039;) of the other right of way line.&lt;br /&gt;
&lt;br /&gt;
Exceptions may be made for encasement as listed in [[#643.1.4.2_Exceptions_to_Encasement|EPG 643.1.4.2]].&lt;br /&gt;
&lt;br /&gt;
====643.1.3.3.2 Parallel Installations along Minor Routes====&lt;br /&gt;
New parallel installations on the right of way may be permitted provided that poles are within two feet (2&#039;) of the normal right of way line and underground utility facilities are within the utility corridor. Existing overhead or underground utility facilities that parallel an existing roadway which will be incorporated into a completed highway may remain in place if all maintenance and service can be performed without entering or leaving the roadway except at approved access points; without parking equipment or storing materials on the median, pavement, ramps, or shoulders; and the existing location does not interfere with construction, maintenance, or operation of the completed highway. If an existing parallel utility facility needs to be relocated so as to not interfere with the construction, maintenance, or operation of the completed highway, poles may be located within five feet (5’) of the right of way line.&lt;br /&gt;
&lt;br /&gt;
Underground utility facilities are expected to be buried within the utility corridor of sight distance triangles (SDTs) at roadway intersections unless granted a variance. Overhead utility facilities may be allowed to span intersecting roadways with SDTs provided the poles, or supports, are located outside the SDT.&lt;br /&gt;
&lt;br /&gt;
====643.1.3.3.3 Sanitary Sewers within the Right of Way of Minor Routes====&lt;br /&gt;
New installations of sanitary sewers should follow the applicable guidelines for either underground crossings or parallel installations as appropriate. An existing gravity trunk sanitary sewer should be considered individually and removed or left in place contingent upon its age, condition, feasibility of moving, and maintenance access. If an existing parallel gravity main is left in place within the limits of the paved surface, paved shoulder lines, or curb lines, stub mains as required will be laid between the sewer main and curb or shoulder lines for future service connections in each block. Manholes should be relocated outside the traveled roadway.&lt;br /&gt;
&lt;br /&gt;
===643.1.3.4 Roundabouts===&lt;br /&gt;
Regardless of roadway type, it is desirable to avoid locating utility facilities and their access points within the circulatory roadway. If possible, utility facilities are located in the legs of the roundabout to allow for future maintenance and access at an isolated leg versus affecting the entire roundabout. See [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_5_TypicalLocationofUtilityFacilitiesnearRoundabouts_AOD.pdf EPG Figure 643.1.5] for an example.&lt;br /&gt;
&lt;br /&gt;
===643.1.3.5 Utility Facilities in Scenic Enhancement Areas===&lt;br /&gt;
All existing utility facilities within the limits of a scenic enhancement area requiring adjustment because of construction or reconstruction will be placed underground or relocated beyond the limits of the scenic enhancement area. No new above ground facilities will be permitted. New underground facilities will be permitted provided they do not extensively alter or impair the appearance of the area.&lt;br /&gt;
&lt;br /&gt;
==643.1.4 Installation of Utility Facilities==&lt;br /&gt;
The following sections provide information on the physical installation of utility facilities within highway right of way.&lt;br /&gt;
&lt;br /&gt;
===643.1.4.1 Minimum Cover for Underground Facilities===&lt;br /&gt;
The minimum cover for new underground utilities is:&lt;br /&gt;
* Forty-two inches (42”) for all water lines (parallel and crossings).&lt;br /&gt;
* Forty-two inches (42”) for fiber optic cable (crossings encased in rigid conduit).&lt;br /&gt;
* Seventy-two inches (72”) for fiber optic cable (crossings encased in polyethylene (PE) pipe).&lt;br /&gt;
* Thirty inches (30”) for direct burial and in trench fiber optic cable (parallel).&lt;br /&gt;
* Twenty-four inches (24”) for all other direct burial copper or coaxial cable, (parallel).&lt;br /&gt;
* Seventy-two inches (72”) for uncased polyethylene (PE) gas pipe crossings under ditches and roadways but thirty inches (30”) elsewhere.&lt;br /&gt;
* Thirty inches (30”) for all other (such as, but not limited to, gravity sewers, forced sewers, and electric) underground utilities (both parallel and crossing).&lt;br /&gt;
&lt;br /&gt;
===643.1.4.2 Exceptions to Encasement===&lt;br /&gt;
Exceptions may be made for encasement as follows:&lt;br /&gt;
* Non-fiber communication or electric cables installed in ducts.&lt;br /&gt;
* Welded steel pipelines carrying gaseous or liquid petroleum products - provided they are cathodically protected against corrosion, triple-coated in accordance with accepted pipeline construction standards, and meet applicable material requirements.&lt;br /&gt;
* Natural gas distribution pipe (nominal six-inch (6”) diameter maximum) of polyethylene (PE) plastic, traceable, installed by a horizontal bore method at a minimum depth of seventy-two inches (72”) under ditches and roadways, constructed in accordance with and meeting applicable material requirements.&lt;br /&gt;
* Gas service connections protected and constructed in accordance with and meeting applicable material requirements.&lt;br /&gt;
* Encasement is not required for new trunk sanitary sewer crossings of vitrified clay, reinforced concrete or cast iron except when installation procedures would produce voids in the roadbed, heavy fills, or installations under pressure.&lt;br /&gt;
&lt;br /&gt;
===643.1.4.3 Above Ground or Ground Level Appurtenances===&lt;br /&gt;
Appurtenances protruding more than four inches (4”) above the ground line should be located outside the clear zone. If no feasible alternative exists and if permitted by a variance, appurtenances may be allowed within the clear zone if they meet breakaway criteria or will be shielded by a traffic barrier. Good design practice will provide that appurtenances be located at right of way jogs, along intersecting road right of way, or at other similar acceptable locations, so that encroachment is held to an absolute minimum. Cables, wires, small diameter pipes, and other such utility appurtenances extending from the surface of the ground should be equipped with covers or guards to improve their visibility. Appurtenances within sidewalks or street level pedestrian access routes are to be in conformance with the Americans with Disabilities Act requirements.&lt;br /&gt;
&lt;br /&gt;
The maximum pull box width perpendicular to the right of way line within the utility corridor is thirty inches (30”).&lt;br /&gt;
&lt;br /&gt;
===643.1.4.4 Overhead Utility Facilities===&lt;br /&gt;
The vertical clearance of new or existing overhead installations will not be less than the current minimum requirements of the National Electric Safety Code, but in no case less than eighteen feet (18’) inclusive of sag above the groundline for electrical facilities. Clearance may be reduced for overhead installations of cable, telephone, or fiber optic facilities.&lt;br /&gt;
A minimum radial clearance of twenty-five feet (25’) is provided from any utility facility to the nearest part of any bridge structure. A minimum radial clearance of ten feet (10’) is provided from the nearest charged electrical line to a MoDOT signal, lighting, ITS, or overhead sign structure.&lt;br /&gt;
&lt;br /&gt;
===643.1.4.5 Approved Materials===&lt;br /&gt;
Utility owners are allowed to use any material for underground utility facilities including carrier and encasement provided they accept responsibility for any future repairs and/or replacement of damaged MoDOT facilities should a failure occur. This will allow the use of current technology and procedures to provide the best value to its subscribers and the taxpayers of Missouri. For materials that MoDOT also uses in its highway system, utility owners must provide materials that meet the current [https://www.modot.org/missouri-standard-specifications-highway-construction Missouri Standard Specifications for Highway Construction]. For materials not listed in the Missouri Standard Specifications for Highway Construction, the utility owner should provide documentation of the standards used to determine suitability of the material.&lt;br /&gt;
&lt;br /&gt;
===643.1.4.6 Cutting===&lt;br /&gt;
In the event permission is granted to cut an existing concrete or asphalt pavement or sidewalk, the appropriate provisions below should be followed.&lt;br /&gt;
&lt;br /&gt;
====643.1.4.6.1 Pavement====&lt;br /&gt;
All pavement cuts should be made with a saw to the full depth of the pavement. The width of the cut is typically determined by the width of the trench plus a minimum one foot (1’) on each side of the trench. In the event the distance to any adjacent longitudinal or transverse joint or crack is less than four feet (4’), the pavement must be removed to the joint or crack. Cuts for perpendicular service tie-ins should be a minimum of three feet (3’) wide. Longitudinal main installations are typically cut at a minimum of half the lane width, but in no instance should the cut be along the wheel path of the lane.&lt;br /&gt;
[[File:fig_643.1.6-06_2026.jpg|800px|none|thumb|Figure 643.1.6 Pavement Repair Dimension Requirements.]]&lt;br /&gt;
&lt;br /&gt;
The utility facilities should be placed in a location with the least impact to the roadway. Typically, this leads to placement in the shoulder when available followed by the two-way left turn lane (TWLTL), and then outside lanes before allowing placement in interior through lanes. Lane switching should be kept to a minimum and should not be used to minimize repair sizes. Cuts for mains or service leads that may not be perpendicular to the roadway should be squared-off.&lt;br /&gt;
&lt;br /&gt;
Replacement of cut pavement should be full depth concrete in accordance with the current version at the time of installation of Section 613.10 Full Depth Pavement Repairs of the Missouri Standard Specifications for Highway Construction and the Missouri Standard Plans for Highway Construction. If the area of the pavement repair is not to be fully resurfaced all joints including the overcut from the sawing operation should be filled with an expansive mortar, epoxy, polyester, or joint material as approved by the Engineer in accordance with Section 1057 of the Missouri Standard Specifications for Highway Construction.&lt;br /&gt;
&lt;br /&gt;
====643.1.4.6.2 Pedestrian Access Routes====&lt;br /&gt;
All cuts in the pedestrian access routes whether asphalt or concrete should be made by saw and be the full depth of the material. Entire slabs of concrete sidewalk should be removed. Repair of the pedestrian access route must meet Americans with Disability Act requirements, see [[:Category:642_Pedestrian_Facilities|EPG 642]]. Cuts through curb ramps or detectable warning areas are not permitted. Rather the entire curb ramp or detectable warning area must be removed and replaced. MoDOT district ADA contacts can help ensure ADA compliance of impacted pedestrian access routes.&lt;br /&gt;
&lt;br /&gt;
===643.1.4.7 Non-disturbance Areas===&lt;br /&gt;
MoDOT has certain areas of right of way where mowing, spraying, digging, or other vegetation disturbance activities are restricted. These areas have been established to mitigate the environmental impacts of a previous project and should be avoided. If the areas cannot be avoided, contact MoDOT’s Environmental Section.&lt;br /&gt;
&lt;br /&gt;
==643.1.5 Bridge Attachment Policy==&lt;br /&gt;
No utility facility will be permitted in or on a structure carrying an interstate or other freeway unless it is part of a federal requirement or for MoDOT’s use. When the structure carries any other road type and no other practical means exists for the crossing, wires (communication, electrical, fiber, or metal) will be permitted. Electrical lines must be located to cause minimum exposure to MoDOT maintenance personnel and the public. Pressurized pipelines for gas or other petroleum products and water and all sewer lines are prohibited on all structures due to the risks associated with their failure.&lt;br /&gt;
&lt;br /&gt;
===643.1.5.1 Agreement===&lt;br /&gt;
An agreement is required for all utility facilities attached to any structure. A charge will be made for the increased maintenance costs involved. This fee is set by the Bridge Division. When permitted, a 50-year occupational agreement is executed with the utility owner. Agreement BR04 Utility Attachment Agreement is used when an attachment is added to a bridge during its construction. Agreement BR09 Bridge Attachment Agreement is used when an attachment is added to an existing bridge.&lt;br /&gt;
&lt;br /&gt;
===643.1.5.2 Requests===&lt;br /&gt;
Requests to attach facilities to structures is a multi-step process. Bridge Division is responsible for approval of the bridge attachment. If at any point in the process, Bridge Division determines the attachment to be unacceptable, a reason is to be provided.&lt;br /&gt;
&lt;br /&gt;
To start, the utility owner submits a conceptual request to the district utilities staff. The conceptual request consists of an explanation of the proposal; a general location sketch (i.e., which side of the bridge); and details on the facility, length, and weight per foot when full. The district utilities staff should work with all relevant district personnel including the District Bridge Engineer in reviewing and recommending the attachment. The district utilities staff will submit the recommended details to the Bridge Division to determine the applicable costs including future maintenance costs and for attachments to new bridges, design and construction. Once the Bridge Division has determined the cost, the district utilities staff shares the cost with the utility owner for their concurrence with furthering the process. For new bridges, if the utility owner concurs with the costs, the district utility staff will prepare the BR04 Agreement for execution by the utility owner and the Commission. MoDOT will be responsible for the design and construction of attachments to new bridges. For existing bridges, the district utilities staff will forward the applicable as-built bridge plans to the utility owner for its use in designing the bridge attachment. The utility owner will provide detailed design drawings, signed and sealed by a professional engineer in the State of Missouri, to the district utilities staff for review. The district utilities staff should work with all relevant district personnel, including the District Bridge Engineer, in reviewing and recommending the details of the attachment to the Bridge Division. Once Bridge Division approves, the Bridge Division will prepare the BR09 Agreement for execution by the utility owner and the Commission. The utility owner is responsible for the construction of attachments to existing bridges. A flow chart, [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_7_BridgeAttachementProcess_AOD.pdf EPG Figure 643.1.7], of the process is available.&lt;br /&gt;
&lt;br /&gt;
Payment from the utility owner for the attachment will be sent to Financial Services by district utilities staff. For BR04 agreements, district utilities staff should discuss with Financial Services how to get the payment credited to the project constructing the attachment. For BR09 agreements, district utilities staff should copy Bridge Division on correspondence with Financial Serves. Checks should be made payable to Director of Revenue, Credit State Road Fund.&lt;br /&gt;
&lt;br /&gt;
For requests from government entities such as cities, counties, and other municipalities, the requested information should be submitted to Bridge Division as described above. However, the district utilities staff will take the lead in preparing the DE10 County Agreement or DE11 Municipal Agreement, as applicable, with input from Bridge Division and Bridge Maintenance. All fees are waived for government entities.&lt;br /&gt;
&lt;br /&gt;
===643.1.5.3 Considerations===&lt;br /&gt;
The following considerations are made in determining the acceptability of a bridge attachment. Unique situations will be discussed with the Bridge Division as required.&lt;br /&gt;
&lt;br /&gt;
====643.1.5.3.1 Bridge Asset Management Program====&lt;br /&gt;
Requests for bridge attachments should be reviewed for consistency with the district’s upcoming bridge asset management program needs. If a structure is due for rehabilitation or replacement in the near future, information should be provided to the utility owner indicating existing remaining life of the bridge. In some instances, it may be in MoDOT’s best interest to deny the request for attachment outright. In some instances, the utility owner may still choose to pursue the short-term attachment to the existing structure. In almost all cases, the utility owner is responsible for the cost of removing and/or relocating their utility facilities for a necessary repair, widening, improvement or reconstruction of the structure. Review existing agreements for cost responsibility for current attachments.&lt;br /&gt;
&lt;br /&gt;
====643.1.5.3.2 Aesthetics====&lt;br /&gt;
In reviewing a request for a bridge attachment, how the structure is viewed by the public will be considered. For example, is the structure over a scenic stream that is extensively used by canoeists, or does the structure span a road that may provide access to a park, campgrounds, or boat launching facilities? Is the structure a grade separation where the motoring public will see the attachment before they pass under it?&lt;br /&gt;
&lt;br /&gt;
====643.1.5.3.3 Method of Attachment====&lt;br /&gt;
In order to maintain structural integrity of any structures the following requirements will apply for attachments.&lt;br /&gt;
&lt;br /&gt;
=====643.1.5.3.3.1 Welding=====&lt;br /&gt;
Welding of hardware to structural steel members (i.e., flanges, webs, stiffeners, and diaphragms) whether in tension or compression is not permitted.&lt;br /&gt;
&lt;br /&gt;
=====643.1.5.3.3.2 Drilling=====&lt;br /&gt;
Drilling holes in any structural steel member is not permitted. Drilling holes for anchors into any prestressed concrete member is not permitted. Although permitted, drilling holes for anchors into the underside of bridge decks must be done with caution. It is recommended all anchors be installed to miss deck reinforcing steel. Generally, drilling into decks will not be allowed where sonotubes were used (voided slab bridges). The depth of the holes should be such that breaking out of the concrete on the top side of the deck does not occur.&lt;br /&gt;
&lt;br /&gt;
=====643.1.5.3.3.3 Corrosion=====&lt;br /&gt;
Attachment hardware will be new, properly coated to prevent corrosion or be of a non-corrosive material, and be designed to support the facility.&lt;br /&gt;
&lt;br /&gt;
====643.1.5.3.4 Location====&lt;br /&gt;
In general, attachments are made on the underneath side of the bridge deck. The condition of the bridge deck will dictate the location of the attachment supports. An exception may be attachments to trusses or other overhead structures.&lt;br /&gt;
&lt;br /&gt;
Attachments that may require manholes in bridge decks are not allowed.&lt;br /&gt;
&lt;br /&gt;
When attachments are required to structures over streams that may carry large drifts, they must be attached to the downstream side of the structure and above the lowest superstructure element. It is preferred to locate the attachment on the outside of the exterior girder. If aesthetics are a concern, a better appearance can be achieved by having the attachment made to the inside of the exterior girder and above the bottom of the lower flange to hide the conduit and the attaching hardware.&lt;br /&gt;
&lt;br /&gt;
Placement of utilities must not prevent the removal of old paint, the application of new paint on superstructure steel, or cause debris buildup, which could cause structural deterioration.&lt;br /&gt;
&lt;br /&gt;
====643.1.5.3.5 Construction and Maintenance====&lt;br /&gt;
If the attachment cannot be built while maintaining one (1) lane of traffic on the structure, it will not be allowed.&lt;br /&gt;
&lt;br /&gt;
Construction procedures that severely impact traffic may factor into the allowable location of the attachment on the structure.&lt;br /&gt;
&lt;br /&gt;
When scaffolding is to be attached or supported by bridge rails, bridge superstructure, or bridge substructure, the procedures for construction of the attachment must be reviewed.&lt;br /&gt;
&lt;br /&gt;
The utility owner or local entity will pay for, or be responsible for, the painting of the attachment, if necessary, when the bridge requires painting.&lt;br /&gt;
&lt;br /&gt;
==643.1.6 Private Lines==&lt;br /&gt;
Private lines are permitted to cross the right of way of a highway in the same manner as outlined for all utility facilities in above sections of this article. Parallel installations along the right of way of a highway are not permitted. Special conditions at a specific location that make adherence to this policy impractical will be submitted to the Chief Engineer for consideration of an acceptable alternative. In certain situations, it may be necessary to obtain approval from the Federal Highway Administration (FHWA) before approval to use the alternative can be given to the private utility owner.&lt;br /&gt;
&lt;br /&gt;
==643.1.7 Water and Sewer Separations==&lt;br /&gt;
The Missouri Department of Natural Resources (MoDNR) Safe Drinking Water Commission via 10 CSR 60-10 and Clean Water Commission via 10 CSR 20-8 govern the design of water and sewer lines in the vicinity of one another. Basic criteria are outlined below for information, and details are contained within the regulations. MoDOT is not responsible for providing or acquiring adequate right of way for utility owners to comply with MoDNR requirements.&lt;br /&gt;
&lt;br /&gt;
===643.1.7.1 Water and Sewer Separations===&lt;br /&gt;
====643.1.7.1.1 Horizontal====&lt;br /&gt;
Sanitary and storm sewers are to be laid at least ten feet (10’) horizontally measured from outside edge to outside edge from any existing or proposed water main. In cases where it is not practical to maintain ten feet (10’) of separation, installation of the water main closer to the sewer is acceptable where the water main is installed in a separate trench or on an undisturbed earth shelf located on one (1) side of the sewer at an elevation so the bottom of the water main is at least eighteen inches (18”) above the top of the sewer.&lt;br /&gt;
&lt;br /&gt;
===643.1.7.2 Crossings===&lt;br /&gt;
Water mains are to be laid to provide a minimum vertical distance of eighteen inches (18”) vertically measured outside edge to edge from sanitary or storm sewers. This is the case whether the water main is above or below the sewer. One (1) full length of water pipe must be located so both joints will be as far from the sanitary or storm sewer line as possible. Special structural support for the water main or sanitary or sewer main may be required.&lt;br /&gt;
&lt;br /&gt;
===643.1.7.3 Exception===&lt;br /&gt;
When it is impossible to obtain proper horizontal and vertical separation as stipulated, the sewer will be designed and constructed equal to water pipe and will be pressure-tested to assure it is watertight prior to backfilling.&lt;br /&gt;
&lt;br /&gt;
===643.1.7.4 Water Supply Interconnections===&lt;br /&gt;
No physical connection is permitted between a public or private potable water supply system and any sanitary or storm sewer or appurtenance that would permit the passage of any sewage or polluted water into the water supply. No water pipe is permitted to pass through or come in contact with any part of a sanitary sewer manhole.&lt;br /&gt;
&lt;br /&gt;
===643.1.7.5 Water Works Structures===&lt;br /&gt;
Sewers are not permitted to be installed within fifty feet (50’) in any direction from any existing or proposed public water supply well or other water supply sources or structures.&lt;br /&gt;
&lt;br /&gt;
==643.1.8 Variances==&lt;br /&gt;
Occasionally, it is impractical to locate a utility facility in accordance with requirements outlined in this article. MoDOT may consider a utility owner’s request for a variance from these requirements on a case-by-case basis. The utility owner should complete a [https://epg.modot.org/forms/general_files/DE/UtilityVarianceApprovalForm.docx Utility Variance Approval Form] to be submitted to MoDOT for consideration. Variances on the Interstate System require approval of the Federal Highway Administration (FHWA). A flow chart, [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_8_VarianceApprovalProcess.pdf EPG Figure 643.1.8], of the variance process is available.&lt;br /&gt;
&lt;br /&gt;
A variance will not be permitted just for the convenience of the utility owner. The utility owner requesting a variance must provide all necessary information to properly evaluate if a variance should be approved. For example, a utility owner requesting a variance because “the utility corridor is full” must explore all reasonable options. It is suggested that the requestor pothole the existing utility corridor to confirm the location of existing utility facilities and provide that data to support the need to locate outside of the utility corridor due to its congestion.&lt;br /&gt;
&lt;br /&gt;
===643.1.8.1 Variance Process===&lt;br /&gt;
Any utility owner of a public utility facility may apply for a variance. The process for requesting a variance is as follows:&lt;br /&gt;
&lt;br /&gt;
====643.1.8.1.1 Submittal Requirements====&lt;br /&gt;
Utility owners submit to the district utilities staff a written request for a variance using the [https://epg.modot.org/forms/general_files/DE/UtilityVarianceApprovalForm.docx Utility Variance Approval Form]. The utility owner must clearly show the provision(s) or guideline(s) for which the variance is being requested; the condition(s) which the utility owner believes warrant(s) the granting of a variance; a thorough explanation of the reason(s) for the requested variance, including sufficient and appropriate documentation of safety, aesthetic, or constructability constraints that would be adverse to the function, access, or maintenance of the utility facility and not in the best interest of the public.&lt;br /&gt;
&lt;br /&gt;
====643.1.8.1.2 MoDOT Consideration of Variance Request====&lt;br /&gt;
The utility owner bears full responsibility for demonstrating to MoDOT’s satisfaction that the variance is the most appropriate way to serve the public interest. MoDOT may present to the utility owner and the utility owner must consider reasonable alternatives to the variance requested by the utility owner. In determining whether to grant a variance, district utilities staff will consider all relevant factors including, but not limited to: the requested variance is reasonably necessary for the convenience, safety, health, and/or welfare of the public; there is an exceptional or undue burden or hardship on the specific applicant; a physical impracticability that would result from the applicant’s adherence to the normal location requirements; and the requested variance will not impair the safe construction, maintenance, operation, and safety of public travel on the highway. District utilities staff may consult with the Design Liaison Engineer in evaluating variances.&lt;br /&gt;
&lt;br /&gt;
====643.1.8.1.3 Approval of Variances====&lt;br /&gt;
Once district utilities staff have agreed to accept a variance proposed by the utility owner, the [https://epg.modot.org/forms/general_files/DE/UtilityVarianceApprovalForm.docx Utility Variance Approval Form] and all supporting documentation is sent to the District Design Engineer (DDE) for approval. If a variance is on interstate right of way, the DDE-signed Variance Request Form and all supporting documentation is forwarded to the Design Liaison Engineer who will forward to FHWA for their concurrence.&lt;br /&gt;
&lt;br /&gt;
====643.1.8.1.4 Variance Appeal Informal Hearing====&lt;br /&gt;
If denied a variance, the utility owner has thirty (30) calendar days to request an informal hearing for the purpose of appealing the denial. Requests must be made in writing to the State Design Engineer, Missouri Department of Transportation, P.O. Box 270, Jefferson City, MO 65102. If the utility owner requests an informal hearing, MoDOT’s authorized representative will advise the applicant of the time, date, and place of the hearing. The hearing is not a contested case under RSMo 536. The rules of evidence will not apply at the hearing, and MoDOT’s decision after the conduct of the hearing is not subject to further appeal.&lt;br /&gt;
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==643.1.9 Excess Right of Way==&lt;br /&gt;
Prior to conveyance of excess right of way, the status of utility facilities within said parcel must be addressed. See [[236.5_Property_Management#236.5.12_Excess_Land_Conveyances_&amp;amp;_Relinquishments_–_Regulated_Utilities|EPG 236.5.12]].&lt;br /&gt;
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==643.1.10 Broadband==&lt;br /&gt;
Broadband development in the state of Missouri is handled by the Department of Economic Development (DED). MoDOT shares its approved Statewide Transportation Improvement Program (STIP) project list with DED. All MoDOT policies related to placement of utility facilities within Commission right of way as outlined in this EPG article 643.1 are to be followed.&lt;br /&gt;
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&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643.2 Utilities in Program Delivery &#039;&#039;PAGE TITLE&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt; &lt;br /&gt;
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==643.2.1 Introduction==&lt;br /&gt;
Improvements to the highway system often require negotiation between the Commission and a city, a county, or a public or private utility owner. The Commission’s district utilities staff is responsible for coordination of highway improvement projects with the utility owner’s representative. The impact to a utility, the responsibility for the cost of adjustments necessary to allow highway construction, the plan of adjustment of the utility, the responsibility of performance of work on utility facilities, and the schedule of the utility adjustment are all items that vary depending on the project and should be investigated and negotiated to ensure highway improvement projects are delivered on-time and on-budget. These should comply with Commission policy. A flowchart [link here] outlining all the utility adjustment processes (reimbursable and non-reimbursable relocations, Master Reimbursable Utility Agreements and Project Specific Agreements, etc.) are available in the list of figures at the top of the page. These processes will not always be in combination, but each should be considered with each project.&lt;br /&gt;
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The district utilities staff, in conjunction with the Transportation Project Manager (TPM), is expected to invite and encourage participation of utility owner representatives in MoDOT project meetings as needed.&lt;br /&gt;
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When a project involves utility adjustments for which the Commission is responsible for costs, the TPM should program the costs of the utility adjustments as non-contractual construction costs in the STIP Information Management System (SIMS).&lt;br /&gt;
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==643.2.2 Annual Utility Meeting==&lt;br /&gt;
Each district should hold an annual meeting with utilities to discuss current STIP projects in the district. The annual meeting should be held during each year&#039;s STIP preparations, ideally between January and May. All utility owners that have utility facilities in the district should be invited. The intent is to provide the utility owners with an idea of upcoming projects to allow them the opportunity to plan and budget for potential adjustments of their utility facilities, identify both MoDOT and utility roadblocks, and develop action plans to complete utility adjustments better, faster, and cheaper.&lt;br /&gt;
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==643.2.3 Determination of Existing Utilities==&lt;br /&gt;
District utilities staff should determine the appropriate level of effort needed to accurately identify existing utilities within the footprint of a proposed highway construction project. Aboveground utilities are easily identifiable via field checks; however, determination of the precise location of underground utilities can be more challenging and time consuming. Therefore, the district utilities staff should balance the risk of conflict with the highway construction project against the level of effort needed to determine the location.&lt;br /&gt;
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The level of effort on mapping utilities is dependent on the scope of the project and the potential for utilities having an impact on the construction of the project. The project schedule should include the time to complete this task accurately. The time and effort necessary for having accurate locates requires close interaction with the utility locators. Early contact with utility owner representatives may be necessary to accurately locate underground utility facilities.&lt;br /&gt;
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Various methods of determining existing underground utilities result in different levels of quality. ASCE Standard 38 Standard Guidance for Investigating and Documenting Existing Utilities classifies four levels of quality:&lt;br /&gt;
:1. Quality Level D: QL-D is the most basic level of information for utility locations. It comes solely from existing utility records or verbal recollections, both typically unreliable sources. It may provide an overall &amp;quot;feel&amp;quot; for the congestion of utilities but is often highly limited in terms of comprehensiveness and accuracy. QL-D is useful primarily for project planning and route selection activities.&amp;lt;br&amp;gt;&lt;br /&gt;
: Missouri 811 or “private-locate” markings are to be considered to be QL-D.&lt;br /&gt;
:2. Quality Level C: QL-C is probably the most used level of information. It involves surveying visible utility facilities (e.g., manholes, valve boxes, etc.) and correlating this information with existing utility records (QL-D information). When using this information, it is not unusual to find that many underground utilities have been either omitted or erroneously plotted. Therefore, its usefulness is primarily on rural projects where utilities are not prevalent or are not too expensive to repair or relocate.&lt;br /&gt;
:3. Quality Level B: QL-B involves the application of appropriate surface geophysical methods to determine the existence and horizontal position of virtually all utilities within the project limits. This activity is called &amp;quot;designating&amp;quot;. The information obtained in this manner is surveyed to project control. It addresses problems caused by inaccurate utility records, abandoned or unrecorded utility facilities, and lost references. The proper selection and application of surface geophysical techniques for achieving QL-B data is critical. Information provided by QL-B can enable the accomplishment of preliminary engineering goals. Decisions regarding location of storm drainage systems, footers, foundations, and other design features can be made to avoid conflicts with existing utilities. Slight adjustments in design can produce substantial cost savings by eliminating utility relocations.&lt;br /&gt;
:4. Quality Level A: QL-A, also known as &amp;quot;locating or potholing&amp;quot;, is the highest level of accuracy presently available and involves the full use of the subsurface utility engineering services. It provides information for the precise plan and profile mapping of underground utilities through the nondestructive exposure of underground utilities, and provides the type, size, condition, material, and other characteristics of underground features.&lt;br /&gt;
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For projects with scopes that have potential for utility conflicts, the minimum level of effort required is SUE Quality Level D. Locations of existing utilities are determined by requesting locates through Missouri 811, also known as the “One-Call” process. Missouri 811 locating requests should be carefully considered for the scope of work of the project. When necessary, the location of existing utilities should be established by a field survey of locate markings and features and shown on the roadway plans. Higher level SUE Quality Levels can be used on any project. Adjustment cost savings, whether to the MoDOT or to the utility owner, are beneficial to the taxpayer. Good SUE projects are typically urban in nature, or in congested areas, where the project footprint is to be minimized, or anytime accurate vertical and horizontal location of the utility facility might allow a design to avoid the utility facility thus preventing the need for the adjustment. The SUE process combines civil engineering, surveying, and geophysics. It utilizes several technologies, including vacuum excavation and surface geophysics.&lt;br /&gt;
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When proposed excavation or installation of subsurface features (drainage, equipment bases, etc.) falls within three feet (3’) of a marked Missouri 811 line, soft digging (hand digging, potholing, vacuum methods, pressurized air/water jetting, pneumatic hand tools, etc.) is required to more exactly locate the utility facility both horizontally and vertically. Utility facilities present within the right of way by permit, should be investigated by the utility owner. Utility facilities that would be reimbursable or partially reimbursable as defined in EP 643.2.8 will be investigated by MoDOT.&lt;br /&gt;
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==643.2.4 Conflict Determination==&lt;br /&gt;
Determination of whether a conflict exists between an existing utility facility and a proposed highway improvement project should occur at the earliest possible stage of project development. A conflict may be the result of the physical interaction between the roadway infrastructure and utility facility, a reduction in cover or increase in fill over underground utilities, a reduction in horizontal clearance whether above or below ground, a reduction in overhead vertical clearance, paving over utilities, or restricting a utility owner’s access to its utility facilities. District utilities staff should work with utilities to determine if a conflict exists and the appropriate plan of adjustment to remedy the conflict. The adjustment to the utility may be a relocation or another measure that protects the utility or access to the utility from the proposed highway improvement project. Determination of a conflict needs to be continually re-evaluated as the project design progresses. Continuing coordination is essential.&lt;br /&gt;
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==643.2.5 Utility Plan of Adjustment==&lt;br /&gt;
===643.2.5.1 Request for Plan of Adjustment===&lt;br /&gt;
District utilities staff will request a plan of adjustment from utility owners whose utility facilities are in conflict with a proposed highway project. The plan of adjustment may consist of efforts to relocate the utility or otherwise protect a utility from the impacts of the proposed highway project. Utilities are shown on the roadway plan and profiles sheets that are furnished to utility owners for use in planning required utility adjustments. Any other sheets such as drainage, traffic signal, lighting, or ITS plans that show impacts to a utility facility should also be provided to the utility owners. All adjustments, reimbursable or not, require a plan of adjustment furnished by the utility owner.&lt;br /&gt;
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A transmittal letter is included in the request for a plan of adjustment. The letter informs the utility owner that regardless of whether an adjustment is reimbursable, no physical adjusting or relocating of their utility facilities to accommodate the proposed highway improvement is to be performed without specific approval and authorization. Additionally, if any part of the adjustment has the potential to be reimbursable, they are advised:&lt;br /&gt;
# They may undertake preliminary engineering by their own forces upon approval by district utilities staff of the estimated costs of preliminary engineering.&lt;br /&gt;
# They may employ a consultant to do the PE work provided they request and obtain prior approval. See [[#643.2.6_Preliminary_Engineering_Requirements|EPG 643.2.6 Preliminary Engineering Requirements]].&lt;br /&gt;
# Any preliminary engineering costs accrued prior to the date of written authorization to proceed will not qualify for reimbursement.&lt;br /&gt;
# Replacement right of way or easements cannot be purchased without specific approval and authorization.&lt;br /&gt;
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===643.2.5.2 Proposed Plan of Adjustment===&lt;br /&gt;
Developing a plan of adjustment is a multi-step process. The utility owner will propose a conceptual approach to adjusting the utility facilities to allow highway construction. This conceptual approach is used as the basis for determining cost responsibility, estimate of costs for preliminary engineering and construction, developing the agreement if necessary, and final design of the adjustment. Negotiations between district utility staff and the utility owner’s representative can result in changes to the design throughout the process.&lt;br /&gt;
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Final plans of adjustment must contain a legend on the first sheet identifying the utility symbols used. They must also show the existing utility facilities and their disposition, the location of the new or adjusted utility facilities, the existing and new right of way lines, the limited or fully controlled access symbols (where applicable), the existing and proposed roadways, ramps, and outer roadways and any other pertinent roadway information. They must contain sufficient details concerning location, elevation, compaction, clean up, etc. to provide for the proper adjustment of the utility facility. Relocated and/or existing utility facilities that will remain in place must be dimensioned or indicated in a manner to show their location in respect to the right of way lines. It is preferred that the utility owner transmits the plan of adjustment by electronic deliverables in a format that can be incorporated into the roadway plans. This will reduce the time and effort necessary as well as increase the accuracy of transferring this information into the roadway plans.&lt;br /&gt;
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Plans of adjustment received from the utility owner are to be checked for compliance with MoDOT’s requirements ([[#643.1_Utilities_Location|EPG 643.1 Utility Location]]) by the district utilities staff. They are also checked to ensure compatibility with the roadway design. Any continuing conflicts are resolved through negotiations with the utility owner.&lt;br /&gt;
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Occasionally, it is impractical to perform a utility adjustment in accordance with MoDOT’s requirements. Sometimes the utility may request approval of a plan of adjustment that does not conform to these requirements. Deviation from MoDOT’s utility requirements is a variance. Refer to [[#643.1.8_Variances|643.1.8 Variance Process]] for additional guidance.&lt;br /&gt;
The final plan of adjustment is included as Exhibit “A” to the agreement ([[#643.2.12_Utility_Agreements|EPG 643.2.12 Agreements]]).&lt;br /&gt;
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==643.2.6 Preliminary Engineering Requirements==&lt;br /&gt;
Preliminary engineering (PE) can be performed one of four ways for utility adjustments:&lt;br /&gt;
# The utility owner can use its own engineering forces.&lt;br /&gt;
# MoDOT can select an engineering consultant, after consultation with the utility owner, and the consultant contract will be administered by MoDOT.&lt;br /&gt;
# The utility owner can select an engineering consultant, with approval by MoDOT, and the consultant contract will be administered by the utility owner.&lt;br /&gt;
# If a utility adjustment is being included in a MoDOT administered construction contract, the preliminary engineering of the adjustment can be provided by MoDOT.&lt;br /&gt;
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For reimbursable utility adjustments, the amount paid to engineers, architects, and others for required engineering and allied services can be included in reimbursement amount provided such amounts are not based on a percentage of the costs of the necessary adjustments to allow highway construction. Reimbursement is available for contracts executed after solicitation of a consultant for the specific adjustment or existing continuing contracts when it is demonstrated that such work is performed regularly for the utility owner in its own work and that the costs are reasonable.&lt;br /&gt;
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A [https://epg.modot.org/forms/general_files/DE/UtilityConsultantContractChecklist.docx checklist is available for reviewing consultant-engineering contracts] to ensure the contract conforms to MoDOT policy and complies with applicable federal regulations. District utilities staff should use the checklist to review contracts and may consult with Audits and Investigations Division as necessary. The procedures in 23 CFR part 172, Administration of Engineering and Design Related Service Contracts may be used as a guide for reviewing proposed consultant contracts. [[:LPA:136.4_Consultant_Selection_and_Consultant_Contract_Management|EPG 136.4 Consultant Selection and Consultant Contract Management]] may also be used as a guide.&lt;br /&gt;
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===643.2.6.1 Solicited Consultant Contracts===&lt;br /&gt;
If solicitation of PE services is required for reimbursable utility adjustments, the utility owner must provide the following documents and information to district utilities staff. These documents need to be provided as soon as the utility owner has chosen to solicit a consultant. Document 1 must be supplied by all utility owners. Documents 2 and 3 are only required when the utility owner is a local government agency who is also a political subdivision of the state of Missouri (e.g., city-owned utilities, county-owned utilities). All other utility owners are encouraged, but not required, to provide Documents 2 and 3:&lt;br /&gt;
# A statement that the utility owner is not staffed or able to perform the required PE services with its own forces.&lt;br /&gt;
# Provide the names of at least three (3) consultants considered.&lt;br /&gt;
# The criteria used to evaluate each consultant and reasons why the selected consultant was selected.&lt;br /&gt;
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The following documents need to be provided as soon as the utility owner has successfully negotiated and entered into a contract with the consultant:&lt;br /&gt;
# The name and address of the selected consultant.&lt;br /&gt;
# A statement that the &amp;quot;[https://epg.modot.org/forms/general_files/DE/CertificationOfConsultant.docx Certification of Consultant]&amp;quot; will be furnished immediately upon award of the contract to the consultant.&lt;br /&gt;
# One executed copy of the proposed engineering contract or agreement between the utility owner and consultant, only if the engineering will exceed $5,000.00.&lt;br /&gt;
# The consultant&#039;s fixed (lump sum) or estimated fee (actual cost) and the contract maximum.&lt;br /&gt;
# A cost summary providing a detailed breakdown of the basis for the consultant&#039;s compensation, including estimated labor hours, hourly rates for each classification, overhead rate (if used), the amount of profit charged, and any other estimated charges such as travel expenses, equipment rentals, etc. If an overhead rate is used, the consultant must also submit the supporting overhead rate calculations.&lt;br /&gt;
# An independent cost estimate of engineering services provided by the utility owner to use in comparison to the consultant’s proposed engineering services to check for cost reasonableness.&lt;br /&gt;
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===643.2.6.2 Continuing Consultant Contracts===&lt;br /&gt;
When a utility owner chooses to use an existing continuing contract for PE services, the utility owner must provide the following documents and information to the district utilities staff as soon as possible.&lt;br /&gt;
# A statement that the utility owner is not staffed or able to perform the engineering with its own forces.&lt;br /&gt;
# The name and address of the consultant under the existing continuing contract.&lt;br /&gt;
# A statement that the &amp;quot;[https://epg.modot.org/forms/general_files/DE/CertificationOfConsultant.docx Certification of Consultant]&amp;quot; will be furnished.&lt;br /&gt;
# A copy of the continuing contract to the district utilities staff. The district utilities staff will review the contract for reasonableness of cost.&lt;br /&gt;
# The consultant&#039;s fixed (lump sum) or estimated fee (actual cost) and the contract maximum for the work associated with the utility adjustment.&lt;br /&gt;
# A cost summary providing a detailed breakdown of the basis for the consultant&#039;s compensation, including estimated labor hours, hourly rates for each classification, overhead rate (if used), the amount of profit charged, and any other estimated charges such as travel expenses, telephone, etc. If an overhead rate is used, the consultant must also submit the supporting overhead rate calculations.&lt;br /&gt;
# An independent cost estimate of engineering services provided by the utility owner to use in comparison to the consultant’s proposed engineering services to check for cost reasonableness.&lt;br /&gt;
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===643.2.6.3 Consultant Contract Changes===&lt;br /&gt;
If a PE services contract between a utility owner and a consultant needs to be revised, a copy of the revised contract, fee, and schedule should be submitted by the utility owner to the district utilities staff prior to allowing for contract changes. District utilities staff should review the contract changes to ensure the revised contract conforms to MoDOT policy and complies with applicable federal regulations.&lt;br /&gt;
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==643.2.7 Environmental and Right of Way==&lt;br /&gt;
===643.2.7.1 Utilities and Environmental Clearances===&lt;br /&gt;
District utilities staff should coordinate with the TPM and utility owner’s representative to understand and communicate on known environmental and cultural constraints that could impact a utility owner’s plan of adjustment. This will allow the utility owner to consider permitting timelines and alternatives that avoid environmental or cultural resources to keep the project on schedule.&lt;br /&gt;
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One strategy to make project delivery more efficient and ensure regulatory compliance is for MoDOT to obtain the environmental and cultural resource permits and clearances for the utility owners associated with a roadway improvement while obtaining its own. This would generally only be for the permits and regulatory clearances MoDOT already needs to pursue as a part of the transportation improvement.&lt;br /&gt;
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District utilities staff should coordinate with the utility owner’s representative early in the project timeline to determine if it is in the best interest of both MoDOT and the utility owner to obtain permits and environmental clearances jointly. The following strategies can be utilized to determine if a joint approach to environmental work should be pursued:&lt;br /&gt;
* If utility facilities are moving to a location within or immediately adjacent to MoDOT right of way, a utility owner may be invited to participate in permitting and environmental compliance activities.&lt;br /&gt;
* If utilities move to a location not within or adjacent to MoDOT right of way, the utility company would not normally be invited to participate in permit applications and environmental compliance activities. However, some unique projects may necessitate further attention and should be discussed with the Design Liaison Engineer.&lt;br /&gt;
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If MoDOT and the utility owner agree to obtain joint permits and clearances, written communication between the utility owner’s representative and the district utilities staff should document the following items:&lt;br /&gt;
* List of the permits and clearances that MoDOT will acquire on behalf of the utility owner.&lt;br /&gt;
* List of the information needed from the utility owner in order for MoDOT to acquire the permits and clearances.&lt;br /&gt;
* Schedule and deadlines for submittal of the information by the utility owner. For example: utility plans, fill quantities, construction methods, dates, or seasons of construction.&lt;br /&gt;
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Permits and clearances that may be needed by both a utility owner and MoDOT include:&lt;br /&gt;
* [[127.7_Threatened_and_Endangered_Species|Endangered Species Act consultation and clearance]]&lt;br /&gt;
* [[127.2_Historic_Preservation_and_Cultural_Resources#127.2.1.1_Historic_Preservation_Regulations_and_Laws|Section 106 of the National Historic Preservation Act clearance]]&lt;br /&gt;
* [[127.10_Section_4(f)_Public_Lands|Section 4(f) clearance]]&lt;br /&gt;
* [[127.10_Section_4(f)_Public_Lands#127.10.1.4_Section_6(f)_Laws_and_Regulations|Section 6(f) of the Land and Water Conservation Fund Act clearance]]&lt;br /&gt;
* [[127.4_Wetlands_and_Streams|Section 401 and Section 404 of the Clean Water Act permits]]&lt;br /&gt;
* [[:Category:806_Pollution,_Erosion_and_Sediment_Control#806.1_Introduction_(see_Sec._806)|Section 402 of the Clean Water Act permit (State Operating Permit for Erosion Control)]]&lt;br /&gt;
* [[127.8_Hazardous_and_Solid_Waste|Recommendations on contaminated soil disposition]]&lt;br /&gt;
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===643.2.7.2 Right of Way Acquisition and Utilities===&lt;br /&gt;
The Commission is obligated to acquire the width of right of way required by the design of the highway improvement. For utility facilities currently located within the Commission’s right of way, this includes the necessary space for the utility facilities impacted by the design of the highway improvement. Either additional right of way width to accommodate a utility corridor or a utility easement can be obtained for the relocation of utility facilities. When drainage easements are acquired along a channel, additional space for utility facilities should be considered to avoid conflicts between the utility facility and the bridge or culvert.&lt;br /&gt;
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District utilities staff should inform the utility owner’s representative of the potential of a conflict between an existing utility facility and a proposed highway construction project early in the project development process to allow sufficient time for the utility owner to prepare a plan of adjustment and notify the district utilities staff of any easement needs. When utility facilities are located on a utility owner’s private easement, the utility owner may obtain its own new easements. If the utility owner is not in a position to negotiate for new easements or if the utility owner’s policies will not permit it to condemn property to obtain the easement, MoDOT can acquire the easement in the same manner roadway right of way is obtained. The district utilities staff should verify the utility owner is aware of the opportunity to have MoDOT acquire the easement, and the utility owner should provide written documentation on whether the utility owner would like to pursue this option with MoDOT.&lt;br /&gt;
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For situations where the utility owner will obtain its own replacement right of way and the cost of the adjustment is MoDOT’s responsibility, the utility right of way cost should be reviewed by the district right of way department to ensure the cost is reasonable and acquisition followed state and federal regulations. In order to expedite utility adjustments necessary to allow highway construction, the district utility staff may authorize the utility owner to obtain easements prior to all details of a plan of adjustment being developed. In this situation, the district utilities staff should ensure enough details are known to justify the needed right of way, and an agreement for right of way costs only should be executed with the utility owner.&lt;br /&gt;
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For situations where MoDOT will obtain the right of way necessary to allow highway construction, district utility staff should negotiate with the utility owner’s representative to ensure all necessary utility easements are shown on the approved right of way plans. The TPM should confirm with district utilities staff that the right of way plans accurately reflect the needs of the utility owners prior to requesting right of way plan approval. The district Right of Way Manager should confirm with district utilities staff before requesting an acquisition date (A-date). Every effort should be made to avoid adding utility easement requests once negotiations with property owners have begun.&lt;br /&gt;
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Occasionally, when negotiations cannot be completed for easements for the adjustment of utility facilities, it may be necessary to condemn for the property. District utilities staff should coordinate with the utility owner’s representative to ensure no alternate design for the adjustment of the utility facility is practical. The decision to condemn for easements for the adjustment of the utility facilities requires the exercise of good judgment in reaching the conclusion that further good faith negotiations are futile and condemnation is necessary to maintain the project in the scheduled letting. The TPM should coordinate with the district utilities staff and district Right of Way (RW) personnel on the condemnation proceedings.&lt;br /&gt;
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Easement and other right of way documents used with utility owners are handled in accordance with procedures established jointly with RW and district utilities staff. District survey staff prepare the land descriptions for use in utility easements. The district utilities staff is responsible for completion of the easements in the correct form and scope. A sketch delineating the area described is attached to the easement as Exhibit “A”. Communication with the Design Division will ensure use of proper forms, corporate names and locations, and particular wording required for joint ownerships. The description for a utility easement is to be referenced to the nearest land corner shown on the plans. Examples of easements can be found in the template list in [https://netprod3.dot.missouri/eAgreements/Search/QuickSearch eAgreements].&lt;br /&gt;
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In situations where MoDOT is acquiring right of way with existing utility easements, but the district utilities staff and the utility owner’s representative agree that the utility facility may remain in place, the utility owner will release the property to the Commission separate from the right of way acquisition. This is done by executing an Easement for Highway Construction (UT16). The utility owner grants and conveys, with warranty of title expressed or implied, to the Commission, the right to construct, reconstruct, and maintain a highway over and across that portion of the easement owned and held by the utility owner. In the future, the utility owner retains any reimbursable rights should future projects require adjustments to allow highway construction.&lt;br /&gt;
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==643.2.8 Cost Responsibility==&lt;br /&gt;
In addition to determining if a conflict exists between an existing utility facility and a highway improvement project, it is important to determine who is responsible for the costs of the necessary adjustments to allow highway construction. An adjustment for which the Commission is responsible for the costs is known as a reimbursable adjustment. An adjustment for which the Commission is not responsible for the costs is known as a non-reimbursable adjustment. An adjustment for which the Commission and the utility share responsibility for costs is known as a partially reimbursable adjustment. Adjustments determined to be reimbursable or partially reimbursable by the Commission are to be completed under the terms of an agreement executed between the utility owner and the Commission.&lt;br /&gt;
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===643.2.8.1 Commission Responsibility===&lt;br /&gt;
====643.2.8.1.1 Utility Facilities Located on Private Easements====&lt;br /&gt;
When the utility facility is located on a private easement within the new right of way to be acquired for a future project, the Commission is responsible for the cost of the necessary adjustments to allow highway construction. It may be possible that such easement does not have written easement rights. The Commission will honor this oral right provided acceptable documentation is provided by the utility owner to the district utilities staff. An [https://epg.modot.org/forms/general_files/DE/NonwrittenEasementRights_Example.docx example of acceptable documentation for not written easement rights] is available. Other forms of documentation will be considered on an individual basis.&lt;br /&gt;
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=====643.2.8.1.1.1 Future Moves=====&lt;br /&gt;
When the utility facility is located on a private easement, taken into the Commission’s right of way, the Commission may agree that any future moves of the same utility by Commission order may be made at the Commission’s cost. Documentation of this agreement is by an Easement for Highway Construction (UT16) agreement. If the Commission provides a substitute private easement, then the Commission will have future obligations consistent with the utility facility’s status in an easement.&lt;br /&gt;
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====643.2.8.1.2 Utility Facilities Located within Commission Right of Way====&lt;br /&gt;
When the utility facility is located within Commission right of way, but has prior land rights, the Commission is responsible for the cost of adjustments to allow highway construction. The utility owner is responsible for documenting to the satisfaction of the district utilities staff, the basis for the claim of prior land rights within Commission right of way. Time spent researching prior rights is considered coordination and is reimbursable.&lt;br /&gt;
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====643.2.8.1.3 City or County Utility Facilities on City or County Streets====&lt;br /&gt;
When roadway improvements are within the corporate limits of cities, towns, and villages, a municipal agreement is negotiated between the Commission and the municipality. Likewise, when roadway improvements are within the limits of a county and outside the municipal limits, a county agreement is negotiated between the Commission and the County Commission. Included in these agreements are provisions regarding reimbursement for adjusting city or county owned utility facilities. Reimbursement is provided for adjustment of city or county owned utility facilities that are now located on city or county streets and not on Commission right of way.&lt;br /&gt;
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====643.2.8.1.4 Lumen====&lt;br /&gt;
Lumen – National (formerly CenturyLink, Lightcore, or Digital Telephone, Inc. (DTI)) and the Commission have entered into a partnership agreement, “Amended and Restated Fiber Optic Cable on Freeways in Missouri,” executed June 5, 2003 which obligates the Commission to be responsible for the cost of the necessary adjustments to allow highway construction along the routes identified in the agreement. A copy of the agreement is available to district utilities staff.&lt;br /&gt;
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====643.2.8.1.5 Services to the Commission====&lt;br /&gt;
When a utility facility provides a service connection to local Commission facilities such as power to traffic signals, lighting, ITS, and cathodic protection and phone drops to traffic signal controllers or other Commission facilities, the Commission is responsible for the cost of the necessary adjustments to allow highway construction.&lt;br /&gt;
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====643.2.8.1.6 Private Service Lines====&lt;br /&gt;
While most utility owners reconnect the private service lines at no cost to the property owner, some do not. If a utility owner does not reconnect service lines, MoDOT can include adjustment of private service lines in roadway contracts. Bid items for relocating service connections are provided for the different types of anticipated adjustments.&lt;br /&gt;
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====643.2.8.1.7 Second Moves====&lt;br /&gt;
If the Commission requires additional work to a utility facility after the facility has been relocated or adjusted in accordance with a plan of adjustment approved by the Commission for a single project number, the Commission is responsible for the cost of the additional work regardless of whether the initial adjustment was Commission responsibility as outlined in other parts of [[643.2_Local_Utility_Adjustments_-_Public_and_Private#643.2.8.1_Federalizing_Funds_for_Preliminary_Engineering|643.2.8.1]].&lt;br /&gt;
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The purpose of the policy is to encourage utilities to relocate early rather than waiting until plans are published for bidding. The policy eliminates the utility having to relocate twice at its own expense because of late changes in the design. It is best to have utilities relocated prior to construction, and this policy helps achieve that goal. Therefore, it is imperative that the designer notifies district utilities staff as soon as possible of any changes made after these plans have been sent. If notified immediately, it may be possible to inform the utility owner prior to their final design thereby eliminating a second move.&lt;br /&gt;
&lt;br /&gt;
Under this policy, the following are not considered second moves. Temporary and staged relocations necessary to accommodate construction and agreed upon by the utility and the Commission prior to relocation are considered a single move and are not subject to the provisions of the second move policy. If the Commission requires adjustment of a utility facility for which the utility owner is responsible for the cost of the adjustment and was originally determined to not need adjustment, the utility owner is responsible for the cost of the adjustment. The utility owner is responsible for the cost of additional work to any portion of the utility facility after the utility facility has been adjusted in accordance with a plan of adjustment approved by the Commission if the additional work is required by the Commission due to error by the utility owner in preparation of plan of adjustment, field location of, or construction of the adjustment of the utility facility.&lt;br /&gt;
&lt;br /&gt;
When evaluating construction contract changes by change order or value engineering, the impacts of the second move policy should be considered.&lt;br /&gt;
&lt;br /&gt;
===643.2.8.2 Utility Owner Responsibility===&lt;br /&gt;
====643.2.8.2.1 Utility Facilities Owned and Operated by a Political Subdivision====&lt;br /&gt;
When a utility facility is located within Commission right of way, but does not have prior land rights, the utility owner is responsible for the cost of the necessary adjustments to allow highway construction. When a utility facility is located on public right of way other than Commission right of way, the utility owner is responsible for the cost of the necessary adjustments to allow highway construction.&lt;br /&gt;
&lt;br /&gt;
When a political subdivision must bear part or all the cost of adjustments to their utility facilities, and the cost creates a financial hardship, the Commission, by its authorized representative, the Chief Engineer, may temporarily assume these costs. A payback agreement with the political subdivision will include an applicable interest rate for a comparable maturity from a widely published index of tax-exempt municipal rates obtained from Financial Services. Payback time will not exceed five (5) years.&lt;br /&gt;
&lt;br /&gt;
====643.2.8.2.2 Utility Facilities Other Than Those Owned by a Political Subdivision====&lt;br /&gt;
When a utility facility is on the right of way of a public road or street or on state highway right of way without prior land rights and adjustment is necessary to allow for the construction of a roadway improvement, the utility owner is responsible for the cost of the necessary adjustments to allow highway construction.&lt;br /&gt;
&lt;br /&gt;
===643.2.8.3 Shared Responsibility===&lt;br /&gt;
When a utility facility is located such that portions of it are a Commission responsibility and portions of it are a utility owner responsibility by the definitions above, the costs of the necessary adjustments to allow highway construction will be split by the Commission and the utility owner. If the exact cost for each party can be determined, each party will be responsible for their portion of the cost of relocating the utility facility. If the exact cost for each party cannot be determined, the parties will arrive at a percentage reimbursement on an equitable basis.&lt;br /&gt;
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===643.2.8.4 Notice of Hearing===&lt;br /&gt;
When relocation or other difficulties with utility facilities on public right of way arise that prevent resolution by negotiation, formal hearings will be required.&lt;br /&gt;
&lt;br /&gt;
The district initiates a request for a utility relocation hearing with a letter to the Chief Counsel’s Office (CCO) (a copy is provided to the Design Division) requesting a hearing date. CCO will arrange for a hearing room, court reporter, etc. and advise the district of the hearing date.&lt;br /&gt;
&lt;br /&gt;
The district will prepare the notice of hearing by strictly following the given format and serve the notice on all persons and utility owners listed. The property and utility owner must be served only by personal service or by mailing a certified letter, return receipt requested, no later than 15 days before the date of hearing. This will require the district to make every effort to identify the correct property owner before preparing the notice of hearing. To avoid delays, every attempt will be made to issue the hearing notice at least 30 days prior to the hearing date in case any property has changed ownership and any additional property owners must be served. A notice of hearing on service line connections will also be served on the private or public owner of the main or distribution line to which the service lines are connected. A notarized &amp;quot;[https://epg.modot.org/forms/general_files/DE/ReportOnPersonalService.docx Report of Personal Service]&amp;quot; will be completed when notification by certified mail is not used.&lt;br /&gt;
&lt;br /&gt;
One copy of the hearing notice and attachments, &amp;quot;[https://epg.modot.org/forms/general_files/DE/ReportOnPersonalService.docx Report of Personal Service]&amp;quot; and certified mail notices are to be submitted to CCO after notification is complete.&lt;br /&gt;
&lt;br /&gt;
Prior to the hearing, the district&#039;s representative will become familiar with the details of the utility adjustment in order to provide concise testimony to expedite the hearing process. CCO will assign an attorney to work with the district and present the case.&lt;br /&gt;
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Refer to 7 CSR 10-3.030 020 Utility Relocation Hearings for additional information.&lt;br /&gt;
&lt;br /&gt;
A Waiver of Hearing should be obtained for non-reimbursable adjustments to document the commitment of the utility owner to adjust its utility facilities without adversely impacting the highway construction project. This may be accomplished informally via written communications between the district utilities staff and the utility owner’s representative. A [https://epg.modot.org/forms/general_files/DE/WaiverOfHearingForm.docx formal Waiver of Hearing statement] may be requested by either MoDOT or the utility owner. A [https://epg.modot.org/forms/general_files/DE/WaiverOfHearingLetter.docx sample transmittal letter for the Waiver of Hearing] is available. For reimbursable or partially reimbursable adjustments, the formal agreement serves as the basis of documentation of this commitment.&lt;br /&gt;
&lt;br /&gt;
==643.2.9 Estimates==&lt;br /&gt;
District utilities staff will negotiate with utility owners to determine reimbursable costs of the necessary adjustments to allow highway construction ([[#643.2.8_Cost_Responsibility|EPG 643.2.8 Cost Responsibility]]). These estimates are prepared in accordance with the provisions of 23 CFR 645 and any amendment thereto. These estimates must reflect the same procedures and costs used by the utility owners in their normal operations and must also accurately represent the expected costs of the work. The utility owner’s estimate will be reviewed by the district utilities staff to ensure compliance with 23 CFR 645.&lt;br /&gt;
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===643.2.9.1 Independent Cost Estimate===&lt;br /&gt;
The independent cost estimate provides the basis for district utilities staff to review the utility owner’s estimate of costs of the necessary utility adjustments to allow highway construction and any subsequent negotiations with the utility owner. The district utilities staff should prepare an independent cost estimate. The independent cost estimate may be based on unit prices of anticipated items of work in a utility adjustment necessary to allow highway construction. The independent cost estimate alternately may be based on recent similar types of utility adjustments necessary to allow highway construction and scaled for size. Consultants can be used to develop the independent cost estimate. All documentation of the independent cost estimate should be placed in MoProjects.&lt;br /&gt;
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===643.2.9.2 Type of Project Cost Estimates===&lt;br /&gt;
Either Actual Cost or Lump Sum estimates may be used for estimating the costs on the necessary utility adjustments to allow highway construction. If an Actual Cost estimate is used, detailed records of materials, labor, and equipment are made by district utilities and/or construction staff during construction, and a final audit of the utility owner’s cost records is made to determine the Commission’s actual responsibility for costs of the adjustment completed to allow highway construction. If a Lump Sum estimate is used, a final audit of costs for an adjustment in payment is not required. The Actual Cost method requires more detailed record keeping and documentation by the utility owner and district staff during construction. The Lump Sum method requires more upfront detail and work by the utility owner and judgment on the district utilities staff on the acceptability of the cost. The district utilities staff will work with the utility owner’s representative to determine the best type of estimate and therefore agreement to use.&lt;br /&gt;
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====643.2.9.2.1 Actual Cost Estimate====&lt;br /&gt;
The cost estimate that supports the actual cost agreement is prepared in sufficient detail to determine the reasonable expected cost of the work to support development of an agreement between the utility owner and the Commission. However, reimbursement is based on the actual costs of design and construction of the necessary adjustment to allow highway construction. The [https://epg.modot.org/forms/general_files/DE/ActualCostCostEstimate_Example.docx actual cost estimate] should detail all costs of the necessary adjustment to allow highway construction, even if the Commission is only responsible for a portion of the costs as detailed in EPG [[#643.2.8.3_Shared_Responsibility|643.2.8.3 Shared Responsibility]].&lt;br /&gt;
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[https://epg.modot.org/forms/general_files/DE/ActualCostCostEstimate_Example.docx Actual cost estimates] can be used for any dollar amount of reimbursement.&lt;br /&gt;
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====643.2.9.2.2 Lump Sum Estimates====&lt;br /&gt;
The cost estimate that supports the lump sum agreement must be accurate, comprehensive, verifiable, and in sufficient detail to present a clear picture of the work involved and the cost of the individual items. The estimate may cover only that portion of the adjustment for which the Commission is responsible for the costs of the necessary utility adjustments to allow highway construction.&lt;br /&gt;
[https://epg.modot.org/forms/general_files/DE/LumpSumCostEstimate_Example.docx Lump sum estimates] are limited to a maximum of $200,000 of Commission responsibility of costs of the necessary utility adjustments to allow highway construction; however, exceptions may be made for special situations that have prior approval from Design Division. These exceptions usually cover major relocations for which the Commission&#039;s proportionate responsibility is extremely small.&lt;br /&gt;
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===643.2.9.3 Utility Cost Estimate Requirements===&lt;br /&gt;
Whether using an Actual Cost or Lump Sum estimate, the following should be included in the estimate, if applicable. If any of the following sections are not included in the estimate, a qualifying statement as to why the costs were not included should be provided.&lt;br /&gt;
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====643.2.9.3.1 Scope of Work====&lt;br /&gt;
All estimates require a concise summary of the work to be performed on the estimate. An example is &amp;quot;an estimate of cost covering the work of relocating Company&#039;s 12-inch Cushing-Woodriver pipeline to accommodate construction of Route 47 in Franklin County on Job No. J6P0172&amp;quot;.&lt;br /&gt;
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====643.2.9.3.2 Engineering Costs====&lt;br /&gt;
Costs of engineering, whether preliminary or construction, must be shown as separate items and are not to be included with &amp;quot;labor costs&amp;quot;. Concurrent cost accounting procedures of FHWA and MoDOT make this a necessity. See [[#643.2.6_Preliminary_Engineering_Requirements|EPG 643.2.6 Preliminary Engineering]] and [[#643.2.16.2_Construction_Contract_Requirements|EPG 643.2.16.2 Construction Contract Requirements]] for further information.&lt;br /&gt;
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====643.2.9.3.3 Right of Way Costs====&lt;br /&gt;
A detailed estimate of the cost to acquire replacement easements by the utility owner is required. The cost should be supported by a right of way plan.&lt;br /&gt;
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====643.2.9.3.4 Material Costs====&lt;br /&gt;
Quantities, description of the item, the unit cost, and the extended totals are shown. Percentage computations will be shown immediately following &amp;quot;total cost&amp;quot; so the utility owner’s and Commission&#039;s cost obligations are properly indicated. Unit assembly costs similar to those used by several of the rural electric association (R.E.A.) cooperatives are acceptable, provided the same units and charges are used in the utility owner’s regular operations. A handling charge conforming with the utility owner’s regular procedures may also be included.&lt;br /&gt;
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====643.2.9.3.5 Labor Costs====&lt;br /&gt;
Hours, individual or crew rates, and extended totals are shown. Payroll additives such as insurance, retirement, social security, vacation, and other benefits are shown as a separate item under this heading in accordance with utility owner’s regular procedures. Adequate explanation must be given for total percentage used, especially in those cases where materials and labor are combined as unit costs or where labor percentages include additives and equipment requirements.&lt;br /&gt;
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====643.2.9.3.6 Equipment Costs====&lt;br /&gt;
A description of the equipment to be used must be shown jointly with the number of hours to be charged. Rates charged for equipment usage must be justified by the utility owner’s established accounting procedures. When the utility owner does not have an established accounting procedure or a capitalization and depreciation schedule that is used in its own operations, the rates are to be established by using rental rate publications as a guide. A reasonable amount will be deducted, when using rental rate schedules, for profit that the rental company realizes. A full explanation of the methods used in establishing the rates must also be submitted to support the utility owner’s request and with approval of the district utilities staff.&lt;br /&gt;
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Equipment may be rented when the utility owner’s equipment is not available or is inadequate, with the rental rate justified by appropriate solicitation of bids. See [[#643.2.16.2_Construction_Contract_Requirements|EPG 643.16.2 Construction Contract Requirements]] for further information.&lt;br /&gt;
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Unusual accounting procedures may be accepted with adequate prior explanations and approval of the Design Division.&lt;br /&gt;
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====643.2.9.3.7 Removal Costs====&lt;br /&gt;
These costs are estimated and shown in a similar method but separately from installation costs. When removal costs exceed salvage credits by more than the estimated cost of removal by the roadway contractor, an effort should be made to persuade the utility owner to abandon the utility facilities in place. An exception is made when the utility owner is required to remove abandoned utility facilities because of liability, hazard, or by specific agreement with the Commission. Abandoned utility facilities can be included with the miscellaneous removals in the roadway contract. It may be possible for the utility owner to remove those portions of the utility facility for which credits will exceed removal costs, with the remainder of the utility facility to be abandoned for removal in the roadway contract. Materials removed must be itemized, with the utility owner’s customary salvage credit given. Items to be scrapped or junked should be indicated. Whenever a utility facility or portion thereof is shown to be abandoned on the plan of adjustment, the roadway plans should be notated accordingly. This eliminates ownership problems if these utility facilities are removed or salvaged by the roadway contractor.&lt;br /&gt;
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When the utility facility is no longer needed and removal is necessary to accommodate the roadway project, the removal of the item may be handled either as a right-of way-item or a utility adjustment. When handled as a right of way item, the damages allowed are to equal the depreciated value of the utility facility, with the necessary removals being accomplished by the roadway contractor. If accomplished as a utility adjustment, the Commission, by utility agreement, will reimburse the utility owner for removal costs and receive salvage credit for the material removed, up to but not exceeding removal costs.&lt;br /&gt;
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====643.2.9.3.8 Salvage of Removed Materials====&lt;br /&gt;
This statement, to explain the salvage credit or lack of credit, will reflect routine utility owner policy as well as the particular situation. The utility owner will place a value on any recovered material for salvage. District utilities staff should check this value for reasonableness. Examples of salvage statements include:&lt;br /&gt;
* Existing utility facilities to be abandoned in place, since the cost of salvaging, based on our past experience, will exceed their value.&lt;br /&gt;
* Only those items will be salvaged for which salvage credit will exceed the cost of removal and salvage.&lt;br /&gt;
* Company liability requires removal of the retired utility facilities, even though the cost of removal will exceed allowable credit for salvage.&lt;br /&gt;
* Salvage credits are in accordance with established company accounting procedures.&lt;br /&gt;
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====643.2.9.3.9 Accrued Depreciation Credits====&lt;br /&gt;
Credit is required for the accrued depreciation of a utility facility that is being replaced. Examples are a building, structure, pumping station, filtration plant, power plant, substation, or other similar operational unit. Credit for accrued depreciation will not be required for a segment of the utility&#039;s service, distribution, or transmission lines. It is also not required when the building or structure is being moved as necessitated by the highway project. Acceptable accrued depreciation credit will be determined by using the following formula:&lt;br /&gt;
:&amp;lt;math&amp;gt;\frac{Actual \; Length \; of \; Service \; of \; Replaced \; Facility \; (Years)}{Total \; Estimated \;  Service \; Life \; of \; Replaced \; Facility \; (Years)} \times Original \; Cost \; (\$) = Credit&amp;lt;/math&amp;gt;&lt;br /&gt;
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====643.2.9.3.10 Betterment Credits====&lt;br /&gt;
Betterment means the upgrading of the utility facility being relocated, made solely for the benefit of and at the election of the utility owner and is not attributable to the roadway improvement. Credit to the Commission is required for the additional costs incurred for the betterments introduced in the adjusted utility facility. No betterment credit is required for additions or improvements which are:&lt;br /&gt;
* Required by the highway project&lt;br /&gt;
* Replacement devices or materials that are of equivalent standards although not identical&lt;br /&gt;
* Replacement of devices or materials no longer regularly manufactured with next highest grade or size&lt;br /&gt;
* Required by law under governmental and appropriate regulatory commission code&lt;br /&gt;
* Required by current design practices regularly followed by the utility owner in its own work, and there is a direct benefit to the highway project&lt;br /&gt;
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====643.2.9.3.11 Overhead Costs====&lt;br /&gt;
Overhead costs are usually a percentage of the total labor cost. This item must be in accordance with the utility owner’s established accounting procedures, which in some cases may include handling costs or be a percentage of the total cost of the work involved. Additional attention to overhead costs is required when the rate is different from previously accepted rates. Occasionally, it can be difficult to obtain the necessary information at the time of the estimate to approve the overhead rates. In this situation, the estimate can be approved with exception of the overhead rates for payment. The utility owner is informed of this matter with the understanding that the overhead rates could be approved and paid with submission of appropriate supporting data and Financial Services audit review.&lt;br /&gt;
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====643.2.9.3.12 Prorating Costs====&lt;br /&gt;
The need for prorating utility adjustment costs occurs when both the Commission and the utility owner are responsible for a portion of the utility adjustment necessary to allow for highway construction, and the actual costs for reimbursement in each category cannot be explicitly determined. Generally, the following conditions require division of costs:&lt;br /&gt;
* The adjustment is considered partially reimbursable per [[#643.2.8.3_Shared_Responsibility|EPG 643.2.8.3 Shared Responsibility]]&lt;br /&gt;
* Betterments are included in the necessary adjustment of the utility facility&lt;br /&gt;
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The district utilities staff should negotiate with the utility owner’s representative to determine an equitable basis for the prorating of costs based on the characteristics of the utility adjustment necessary to allow for highway construction.&lt;br /&gt;
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====643.2.9.3.13 Costs Records====&lt;br /&gt;
The estimate should include a statement as to where the utility owner’s cost records may be reviewed. An example: &amp;quot;Company cost records will be available in our office at 2134 Industrial Avenue, Tulsa, Oklahoma&amp;quot;.&lt;br /&gt;
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====643.2.9.3.14 Other====&lt;br /&gt;
Additional statements will explain or further clarify the work that is included. Such other items may include bypasses, special equipment, need for larger utility facilities, etc.&lt;br /&gt;
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==643.2.10 Schedule==&lt;br /&gt;
Timely adjustments of utility facilities are essential for efficient completion of highway construction projects. Ideally, all utility adjustments are completed prior to a project’s Plans, Specifications, and Estimate (PS&amp;amp;E) submittal to Central Office. Depending on the specifics of the highway construction and utility adjustment necessary, early completion of the utility adjustment may not be practical. The district utilities staff should negotiate with the utility owner to determine the schedule parameters necessary for the utility adjustment. At a minimum, the utility owner should document the dates it anticipates starting and completing the work. If a utility adjustment depends upon the completion of a portion of the highway construction, the necessary milestone for starting the utility adjustment should be documented along with an anticipated number of working days to complete the utility adjustment. The schedule is included as Exhibit “C” to the agreement.&lt;br /&gt;
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==643.2.11 Pre-Audits==&lt;br /&gt;
The district utility staff performs a pre-audit review and approval prior to preparation of the agreement. A [https://epg.modot.org/forms/general_files/DE/PreAuditChecklist.docx pre-audit checklist] should be completed and saved in MoProjects.&lt;br /&gt;
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==643.2.12 Utility Agreements==&lt;br /&gt;
Whenever the Commission is responsible for the cost of the necessary adjustments to allow highway construction, an agreement is required. If a Master Reimbursable Utility Agreement (see [[#643.2.12.2_Master_Reimbursable_Utility_Agreements|EPG 643.2.12.2]]) has not been executed with the utility owner, a Project Specific Agreement (see [[#643.2.12.3_Project_Specific_Agreements|EPG 643.2.12.3]]) is executed between the utility owner and the Commission. In some cases, it may be more practical for the Commission to include adjustment of utilities into a Commission administered contract. A Utility Agreement - Actual Cost (For Utility Work That is to be Included in the Missouri Highways and Transportation Commission&#039;s Road Project) (see [[#643.2.12.4_Agreement_for_Utility_Work_Included_in_Roadway_Improvement_Project|EPG 643.2.12.4]]). Agreements include a plan of adjustment (Exhibit “A”), cost estimate (Exhibit “B”), and schedule (Exhibit “C”).&lt;br /&gt;
&lt;br /&gt;
The Utility Agreement boilerplate forms have been approved by the Chief Counsel’s Office (CCO). They are identified in the upper left-hand corner of each agreement by an identifier such as CCO Form: UT01 for the Master Reimbursable Utility Agreement. CCO updates these agreements as necessary. They serve as a guide in the preparation of the agreement to be executed with the utility owner for the adjustments required to their utility facilities to accommodate the proposed roadway improvement project. District utilities staff should use the latest version of the agreement found in [https://netprod3.dot.missouri/eAgreements/Search/QuickSearch eAgreements] in drafting an agreement with utility owners. A list of utility agreements and detailed information concerning the sequence for preparing and executing an agreement is available in EPG [[:Category:153_Agreements_and_Contracts|153 Agreements and Contracts]].&lt;br /&gt;
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These forms are to be used word for word. Revisions or additions are only made to address specific project details. The intent of each paragraph must be retained, although specific words may be revised to fit the particular situation. No paragraphs are deleted without prior approval from CCO. For guidance on acceptance of liability, refer to the [[:Category:153_Agreements_and_Contracts#153.1.1.2_Acceptance_of_Liability_Policy_(MoDOT_Access_Only)|Acceptance of Liability Policy]] at the CCO SharePoint page. Drafts of agreements having major revisions or complications are to be submitted, with supporting data, to Design Division for comment and approval.&lt;br /&gt;
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A reference to 23 CFR 645 is included in all agreements. Utility owners must be acquainted with these requirements and procedures. The incorporation of 23 CFR 645 by reference in all agreements eliminates the need for a second set of regulations to be included in the document.&lt;br /&gt;
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The agreement for the adjustment of a utility is prepared by the district utilities staff and submitted to the utility owner for execution. The agreement is based on the plan, estimate of cost which was prepared in accordance with 23 CFR 645, and schedule. Authorized individuals representing the utility owner will execute the agreement. The agreement must be signed, sealed, and if necessary, notarized by the utility owner. If the utility owner does not have or use a corporate seal, write &amp;quot;NO SEAL&amp;quot; under the signatures of the owner’s officers. Agreements with political subdivisions are to be supported by an appropriate ordinance, a copy of which is to be submitted with the executed agreements. All copies will be forwarded to the CCO for further handling. A fully executed copy of the agreement will be retained in eAgreements. If the agreement was executed using electronic signatures, the district utilities staff should forward an electronic copy of the fully executed agreement to the utility owner. If the agreement was executed using wet signatures, one (1) paper copy of the fully executed agreement will be returned by the Commission Secretary’s Office to the district utilities staff. The district utilities staff will forward this copy to the utility owner.&lt;br /&gt;
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===643.2.12.1 Buy America Build America Requirements===&lt;br /&gt;
All agreements contain information on Buy America Build America (BABA) compliance. The utility owner should select the method of certification (See [[#643.2.19_Buy_America_Build_America_for_Utilities|EPG 643.2.19]]) at the time of agreement completion. The appropriate paragraph will be inserted into the agreement. All BABA compliance documents must be retained by the utility owner and made available upon request at no cost to the Commission and/or FHWA.&lt;br /&gt;
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====643.2.12.1.1 Utility Owner Self-Certification====&lt;br /&gt;
The City/Company certifies that when determining products/materials subject to Buy America Build America requirements to use in the performance of this Agreement, it shall use only such products/materials for which it has received a certification from its supplier, or provider of construction services that procures the product/material, certifying compliance with Buy America Build America requirements. This does not include products/materials for which waivers have been granted pursuant to 23 CFR 635.410. The City/Company will not be required to provide the Commission copies of the supplier certification as part of this Agreement or with the final invoice of said Commission’s Federal-Aid Highway Construction Project.&lt;br /&gt;
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====643.2.12.1.2 Vendor/Manufacturer Certification====&lt;br /&gt;
The City/Company certifies that when determining products/materials subject to Buy America Build America requirements to use in the performance of this Agreement, it shall use only such products/materials for which it has received a certification from its supplier, or provider of construction services that procures the product/material, certifying compliance with Buy America Build America requirements. This does not include products/materials for which waivers have been granted pursuant to 23 CFR 635.410. The City/Company shall provide to the Commission all Buy America compliance documents as outlined in the Commission’s Engineering Policy Guide 643. All required compliance documents shall accompany the final invoice submitted to the Commission.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.2 Master Reimbursable Utility Agreements===&lt;br /&gt;
The UT01: Master Reimbursable Utility Agreement (MRUA) is a statewide agreement that has been executed by the utility owner and the Commission for all future reimbursable utility adjustments between both parties. Once a MRUA is executed, no other utility agreements are required on design-bid-build projects. The district utilities staff should encourage utility owners to enter into a MRUA with the Commission to reduce potential future delays in executing a project specific agreement. A list of previously executed [https://modotgov.sharepoint.com/sites/DE/Utilities/Agreements/MRUA%20-%20Existing?csf=1&amp;amp;web=1&amp;amp;e=4LJHoa Master Reimbursable Utility Agreements (Modot Access Only)] is available. District utilities staff should add newly executed agreements to this list. The MRUA can be employed as either an actual cost ([[#643.2.12.3.1_Actual_Cost_Agreements|EPG 643.2.12.3.1]]) or lump sum ([[#643.2.12.3.2_Lump_Sum_Agreements|EPG 643.2.12.3.2]]) agreement. When the reimbursable adjustment will utilize a MRUA, the district utilities staff will prepare a MRUA correspondence letter (“letter agreement”) referencing the executed MRUA. A copy of the MRUA correspondence letter should be saved in MoProjects for reference by Financial Services, the district construction office, and the district staff responsible for inspection of utility adjustments. All project specific items such as type of agreement (actual cost or lump sum), plan of adjustment, estimated total cost, cost allocation, and schedule are addressed in the MRUA correspondence letter from the district utilities staff to the utility owner. A flowchart of the MRUA process is available.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.3 Project Specific Agreements===&lt;br /&gt;
If a utility owner does not have a MRUA with the Commission, a project specific agreement will be required for every project for which the Commission is responsible for the necessary adjustments to allow highway construction. The project specific agreement will be either an actual cost ([[#643.2.12.3.1_Actual_Cost_Agreements|EPG 643.2.12.3.1]]) or lump sum ([[#643.2.12.3.2_Lump_Sum_Agreements|EPG 643.2.12.3.2]]) agreement.&lt;br /&gt;
&lt;br /&gt;
====643.2.12.3.1 Actual Cost Agreements====&lt;br /&gt;
The UT03: Utility Agreement – Actual Cost is used when detailed estimates are not practical or costs appear to be questionable. Details on actual cost estimates can be found at [[#643.2.12.3.1_Actual_Cost_Agreements|EPG 643.2.9.2.1 Actual Cost Estimates]]. Once the final invoice on a UT03 is submitted to Financial Services, district utilities staff should change the status on the agreement in eAgreements to completed.&lt;br /&gt;
&lt;br /&gt;
====643.2.12.3.2 Lump Sum Agreements====&lt;br /&gt;
The UT02: Utility Agreement – Lump Sum eliminates the need for keeping detailed records of cost and the auditing of cost records. Estimates of cost must be prepared in detail for use of this agreement. When detailed estimates are not practical or costs appear unreasonable, actual cost agreements are to be used. Use of special forms of agreements, such as &amp;quot;subordination agreements&amp;quot;, which are desired by certain utility owners, is acceptable. These, too, must be revised to cover the particular situation. Details on lump sum estimates can be found at [[#643.2.9.2.2_Lump_Sum_Estimates|EPG 643.2.9.2.2 Lump Sum Estimates]]. Once the final invoice on a UT02 is submitted to Financial Services, district utilities staff should change the status on the agreement in eAgreements to “completed”.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.4 Agreement for Utility Work Included in Roadway Improvement Project===&lt;br /&gt;
The UT04: Utility Agreement - Actual Cost (For Utility Work That is to be Included in the Missouri Highways and Transportation Commission&#039;s Road Project) allows for the adjustment to be based on actual cost with the roadway contractor performing the utility work. Caution should be exercised in the type of utilities to be relocated in roadway contracts. Utilities recommended are waterlines and sewer lines. Other utilities, such as gas lines, communication lines, and power lines are to be studied thoroughly before being included in the project.&lt;br /&gt;
&lt;br /&gt;
The Transportation Project Manager and district utilities staff must plan ahead to get this work in the roadway contract. The utility owner must agree to include the utility adjustment in the roadway contract. The adjustment may be on highway right of way or on private easement in the name of the utility owner. The utility owner can agree to allow MoDOT’s contractor to work in its easement. However, district utilities staff in consultation with district right of way staff should review the easement documentation to verify the utility owner’s rights to the easement and any limitations on its use. MoDOT’s contractor can work and operate on both Commission right of way and on the utility easement, even when not directly connected to the Commission right of way, as part of the job site. Temporary construction easements may be necessary in addition to the utility easement to ensure adequate working room for the contractor.&lt;br /&gt;
&lt;br /&gt;
:The utility owner may request exemption to any liability for negligence of our contractor working on their easement. The Commission can assume that liability (refer to [[:Category:153_Agreements_and_Contracts#153.1.1.2_Acceptance_of_Liability_Policy_(MoDOT_Access_Only)|Acceptance of Liability Policy]]), but it should be included in the utility agreement if so desired by the utility owner. A Job Special Provision is necessary to require the MoDOT contractor to hold the utility harmless from all claims due to contractor negligence.&lt;br /&gt;
&lt;br /&gt;
Subsurface information, i.e. boring data, etc., should be obtained by the utility owner since it may be needed for the design of the utility adjustment. This information should be included in the plans. If the utility owner must bear all or part of the cost of the adjustment, the utility owner must agree to pay a pre-deposit to the Commission prior to opening bids on the project. This should be in the utility agreement. The pre-deposit will be credited to the &amp;quot;Missouri Highway and Transportation Commission - Local Fund.&amp;quot; Any interest earned in the fund will apply to the cost of the adjustments. The utility agreement will include language that the utility will inspect the installation and assume maintenance of the utility facility after construction. MoDOT will also provide engineering supervision to be sure the road contractor is in compliance with the contract. Utility plans and specifications are to be approved by the owner prior to submittal to the Central Office. The following items will provide minimum information to allow MoDOT’s contractor to bid the work.&lt;br /&gt;
# Individual bid items (not &amp;quot;lump sum&amp;quot;) should be established to promote better bidding and to handle overruns and underruns. Bid items not included on the Computer Stored Bid Item list should be &amp;quot;99&amp;quot; numbers.&lt;br /&gt;
# he bid package must be in our letting format. If the package was prepared by a consultant as if the utility owner were going to let it, all bid bond or bidding procedures must be screened to remove requirements contrary to MoDOT letting requirements. District utilities staff should work with the Transportation Project Manager, Design Liaison Engineer, and Central Office Bidding and Contract Services to ensure this requirement is met.&lt;br /&gt;
# The specifications required by the utility owner should be reviewed for items that could cause a bid problem for our contractor. Items such as non-readily available materials or sizes should be avoided.&lt;br /&gt;
# Utility plan sheets should be .pdf files equivalent to 22 in. x 34 in. It is helpful to have a quantity sheet specifically for utility items.&lt;br /&gt;
# Any special procedures required for the utility installation should be included in the Job Special Provisions.&lt;br /&gt;
# The utility package should be submitted on-time to Central Office with other project plans.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.5 Agreement for a Utility Only Project===&lt;br /&gt;
Any of the above agreements can be modified for a utility only project separate from the roadway project. The utility only project may be done by forces hired by the utility owner or by the Commission. A separate utility only project has distinct advantages when the following occurs:&lt;br /&gt;
* The utility work is extensive&lt;br /&gt;
* It must be performed in accordance with the utility owner’s seasonal requirements&lt;br /&gt;
* It extends beyond the limits of the construction project&lt;br /&gt;
* It must be performed considerably in advance of the roadway contract&lt;br /&gt;
&lt;br /&gt;
Necessary environmental and design work is still required for the limits of the separate utility only project. It may be necessary in these cases to have a second agreement with the utility owner to cover any other work that must be performed concurrently with the roadway contract. These latter agreements will use the roadway construction job number. Early need for utility projects is to be determined at the time when the STIP is updated each year. The utility construction funds will be shown in the year right of way funds are assigned. This will be done whenever possible to secure early adjustment of utility facilities. A request by the district is sent to the Planning Division. Estimated dollar amounts for utility adjustments are needed. These are estimates and do not need to be extremely accurate. When a special utility project is established, it is preferred, if at all possible, to include all the utility adjustments necessary for the entire roadway project. If funds are available, additional agreements can be added to this utility project until the final invoice for the first completed agreement is received for payment.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.6 Supplemental Agreements===&lt;br /&gt;
For utility owners with a UT01 agreement, a supplemental letter agreement documenting the change in the scope or cost of the work is acceptable.&lt;br /&gt;
&lt;br /&gt;
The UT05: First Supplemental Agreement is used to document changes to UT02 and UT03 agreements. If changes to the scope of work occur that are anticipated to exceed $100,000 or 15% of the original agreement, a UT05 is required. If the final invoice on an actual cost adjustment without changes in the scope of work exceeds the limits shown in the table below, a UT05 is required.&lt;br /&gt;
&lt;br /&gt;
{| class=&amp;quot;wikitable&amp;quot; style=&amp;quot;margin-left: 25px; text-align:center&amp;quot;&lt;br /&gt;
! Amount in Original Actual Agreement !! Final Bill Total Exceeds Original Amount by:&lt;br /&gt;
|-&lt;br /&gt;
| 0-$25,000 || 50%&lt;br /&gt;
|-&lt;br /&gt;
| $25,000-$100,000 || 40%&lt;br /&gt;
|-	&lt;br /&gt;
| Exceeds $100,000 || 30%&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
Should multiple UT05s be required with the same utility owner, the UT05 should be modified for additional supplemental agreements. Once the final invoice on an UT05 is submitted to Financial Services, district utilities staff should change the status on the agreement in eAgreements to “completed”.&lt;br /&gt;
&lt;br /&gt;
==643.2.13 Utility Adjustments in Roadway Plans and Job Special Provisions (JSPs)==&lt;br /&gt;
It is the responsibility of the MoDOT Transportation Project Manager (TPM) to ensure utility plans of adjustment are shown on the project plans at the Plan, Specification, and Estimate (PS&amp;amp;E) stage based upon information coordinated by the district utilities staff with the appropriate utility owner.&lt;br /&gt;
&lt;br /&gt;
===643.2.13.1 Plans===&lt;br /&gt;
A legend showing all applicable utility symbols and the names of the utility owners is shown on the first special utility sheet. In the absence of special utility sheets, this information may be shown on the title sheet or the first plan and profile sheet. The following note is required to be placed on the title sheet or the first plan and profile sheet and the first special utility sheet (if used) to inform contractors of the suitability of the utility information contained on the plans.&lt;br /&gt;
&lt;br /&gt;
&amp;quot;The existence and approximate location of utility facilities known to exist, as shown on the plans, are based on the best information available to the Commission at this time. This information is provided by the Commission &amp;quot;as-is&amp;quot; and the Commission expressly disclaims any representation or warranty as to the completeness, accuracy, or suitability of the information for any use. Reliance upon this information is done at the risk and peril of the user, and the Commission shall not be liable for any damages that may arise from any error in the information&amp;quot;.&lt;br /&gt;
&lt;br /&gt;
===643.2.13.2 Job Special Provisions===&lt;br /&gt;
Since the addition of utility information on the plans, supplied by a third party, could subject the Missouri Highway and Transportation Commission to additional liability, a Utility JSP reflecting the status of utility adjustments will be required. The JSP will include the name, address, e-mail address, and telephone number of all utility owner representatives for all utility facilities located on the project. The anticipated adjustment completion date for each utility adjustment is also to be shown based on the agreed upon dates, durations, or completion dates with the utility owner’s representative. This information will inform the bidder of the status of utilities for proper work coordination that could affect the bids for the proposed highway construction project. Status notations will include general notations such as: “N/A”, “Work is in progress”, “Work has not started”, “Work is complete”, and “Work is included in contract.”&lt;br /&gt;
&lt;br /&gt;
===643.2.13.3 PS&amp;amp;E Submittal===&lt;br /&gt;
In the District Final Plans Submittal Checklist (D-12), the TPM should note any issues related to existing utility facilities or the adjustment of utility facilities either shown or not shown on the plans. Projects with “No Utility Impacts” such as some overlays, striping, bridge washing, etc. do not need a Utility Status Letter or Utility JSP. The D-12 is used for these projects. In the D-12, under Project Details – “Utilities”, the note “NO” is selected and under “Status”, select “Clear”. For all other projects, the district utilities staff will write a Utility Status Letter. The TPM will include the Utility Status Letter with the submittal of the final plans to the Design Division. The Utility Status will be defined as:&lt;br /&gt;
# Utility facilities are present, but no conflict is anticipated with the highway construction project. Or,&lt;br /&gt;
# All utility facilities requiring adjustment to allow highway construction have been physically adjusted on the project. Or,&lt;br /&gt;
# Utility construction work is planned or active and will be completed to such a point that no impact will be expected to the highway construction project. The status of this work is defined in the utility JSP. Or,&lt;br /&gt;
# Utility facilities are not expected to be adjusted by the notice to proceed date for the road project, but the utility work will have no impact on the progress of the highway construction project. The status of this work is defined in the utility JSP. Or,&lt;br /&gt;
# Utility facilities must be adjusted after the road contractor completes stage construction or in coordination with the contractors’ work. Details of the coordination effort required of the contractor are defined in the utility JSP to properly advise bidders. Or,&lt;br /&gt;
&lt;br /&gt;
# Utility adjustment plans and specifications are included in the bid documents for the highway construction project. A UT04 agreement must be executed.&lt;br /&gt;
&lt;br /&gt;
==643.2.14 Payment to Utility Companies for Reimbursable Work==&lt;br /&gt;
Authorization and federal funding obligation must be approved prior to incurring costs. This applies to all types of work on utility facilities including preliminary engineering. An obligation is a commitment by the federal government to reimburse MoDOT for the federal share of a project’s eligible cost.&lt;br /&gt;
&lt;br /&gt;
===643.2.14.1 Obligation Process===&lt;br /&gt;
Federal funding can be used with both lump sum and actual cost agreements. After the utility agreement is fully executed, the district utilities staff will email a copy of the utility agreement or the letter agreement referencing the MRUA to the email group OBLIGATE. This email should request the authorization authority for use of federal funds and to be informed of a Notice to Proceed (NTP) (see [[#643.2.15_Notice_to_Proceed|EPG 643.2.15]]) date by Financial Services once federal funding has been obligated. District utilities staff should allow three (3) weeks to receive the NTP. Financial Services will use Advance Construction (AC) funding to fund reimbursement to utility owners. With AC funding, state funds initially are used to pay for reimbursement to utility owners. Once construction is complete, with appropriate documentation of the work via the [https://epg.modot.org/forms/general_files/DE/C-9.docx C-9] and [https://epg.modot.org/forms/general_files/DE/C-13.docx C-13], Financial Services will convert to federal funding.&lt;br /&gt;
&lt;br /&gt;
===643.2.14.2 Preliminary Engineering===&lt;br /&gt;
On occasion, preliminary engineering (PE) may need to be undertaken by the utility owner prior to the execution of a utility agreement. If a utility owner has a MRUA, an estimate of the cost of the PE work by the utility owner may be used to obligate funding for preliminary engineering under the MRUA as a PE only letter agreement. If a lump sum or actual cost agreement will be required with the utility owner for the project, district utilities staff should do two (2) agreements with one agreement covering PE only, and once a design for the adjustment is obtained, a second agreement for the construction of the adjustment should be executed. If a separate PE only agreement is obtained, NTP will need to be issued twice to the utility owner: once for PE and once for construction.&lt;br /&gt;
&lt;br /&gt;
===643.2.14.3 Right of Way===&lt;br /&gt;
Once Notice to Proceed has been given, the utility owner may begin the right of way acquisition process. If the utility owner needs to acquire right of way prior to a full agreement for relocation has been negotiated, the agreement specifically for the acquisition of right of way should be executed. This agreement will be sent to Financial Services to begin the obligation process.&lt;br /&gt;
&lt;br /&gt;
===643.2.14.4 Construction===&lt;br /&gt;
Payment to utility owners for construction of the adjustment may occur in a number of phases.&lt;br /&gt;
&lt;br /&gt;
====643.2.14.4.1 Prepayment====&lt;br /&gt;
Per the utility agreement, the Commission allows utility owners to be prepaid prior to commencing work. The district utilities staff may negotiate the prepayment if the utility owner is receptive. The utility owner will submit a request for prepayment with an invoice prior to any prepayment. Route, county, and job number must be included in the request. The district utilities staff will submit a request to Financial Services with a copy saved in MoProjects for future reference by the district staff responsible for inspection of the utility adjustment.&lt;br /&gt;
&lt;br /&gt;
====643.2.14.4.2 Progress Payments====&lt;br /&gt;
If a utility owner has not been prepaid the entire estimated amount in the utility agreement, then the utility owner may request progress payments after completing a portion of the proposed work, including PE.&lt;br /&gt;
&lt;br /&gt;
Progress payments for PE by consultants should not exceed the &amp;quot;maximum not to exceed amount&amp;quot; shown in the cost estimate unless additional costs are approved first by district utilities staff.&lt;br /&gt;
&lt;br /&gt;
For progress payments, the utility owner is required to submit only a summary of work and materials for which payment is claimed, not a detailed billing. District utilities staff should check only to be sure that sufficient work has been done to justify making the requested payment. Payment should be made for allowable costs incurred up to the date of the progress payment request.&lt;br /&gt;
&lt;br /&gt;
Progress payment invoices do not relieve the utility owner of the responsibility of submitting one complete and final invoice upon completion of the adjustment. The utility owner’s address must be shown on the invoice. The district utilities staff should submit progress payment invoices and applicable C-9s to Financial Services within one (1) week of receipt of invoice.&lt;br /&gt;
&lt;br /&gt;
One copy of the progress payment and one copy of the district utilities staff letter of recommendation must be sent to Financial Services for payment and be stored in MoProjects. The cover memo should include the project number, route, county, actual cost or lump sum utility agreement, Commission obligation percentage, total cost estimate of Commission obligation, and indicate the progress payment number, i.e., progress payment number 1, 2, 3, etc. If more than one progress payment is requested by the utility company, the district should submit progress payment bills to Financial Services in the following format:&lt;br /&gt;
{| class=&amp;quot;wikitable&amp;quot; style=&amp;quot;margin-left: 25px; text-align:center&amp;quot;&lt;br /&gt;
! Payment !! Amount&lt;br /&gt;
|-&lt;br /&gt;
| Progress Payment #1 || $50,000&lt;br /&gt;
|-&lt;br /&gt;
| Progress Payment #2 || 10,000&lt;br /&gt;
|-	&lt;br /&gt;
| Total Payment to Date || $60,000&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
This format will help clarify payment history with the utility owner. Progress payments for actual cost utility agreements may not exceed the Commission&#039;s total estimated cost shown in the agreement. However, if the request for a progress payment exceeds the original estimate, a change order with explanation should accompany the request. (See [[#643.2.16.5_Change_Orders|EPG 643.2.16.5 Change Orders]].)&lt;br /&gt;
&lt;br /&gt;
====643.2.14.4.3 Final Payment====&lt;br /&gt;
Utility owners are required to submit a detailed final invoice to MoDOT for all actual cost reimbursable utility work and for any lump sum reimbursable utility work that was not prepaid. For prepaid lump agreements, the utility owner must submit a zero-dollar ($0) invoice to demonstrate the work has been completed. After the utility work has been fully completed, the district utilities staff responsible for inspection should send the utility owner a “60 Day” [https://epg.modot.org/forms/general_files/DE/FinalInvoiceLetter.docx Final Acceptance Letter] requesting a complete final invoice within 60 days, as detailed in the utility agreement. If the final invoice is not received from the utility owner within 30 days, then a follow up letter should be sent (i.e., “30 Day” [https://epg.modot.org/forms/general_files/DE/FinalInvoiceReminderLetter.docx Reminder Final Invoice Letter]) reminding the utility owner of its obligation to submit a final invoice within 60 days of the completed work. If a final invoice from the utility owner is not received within this timeframe, then the district utilities staff should contact the Design Liaison Engineer for guidance on how to close out the work.&lt;br /&gt;
&lt;br /&gt;
The district utilities staff is expected to check the final bill within two (2) weeks after receipt in as much detail as possible against the C-9. It is their responsibility to verify from field records the quantities of labor, equipment, material used, material retired, and to justify all changes made. If the utility owner’s contractor made the adjustment at unit cost prices, then it is the district utility staff’s responsibility to verify the number of units completed and not the hours of labor and equipment. It is also important for the utility owner to show the words “final bill” or “final invoice” on the last bill, in order for MoDOT to understand that no additional charges will be made on the adjustment. The final bill must show a general description of the utility adjustment, the highway project number, the date on which work was completed or last item of billed expense was incurred, and the location where records can be audited. The order of items in the final statement should follow as closely as possible the order of items in the original estimate. A summary, on the utility owner’s letterhead, of the total cost of preliminary engineering, construction engineering, right of way, labor, overhead, construction travel expense, transportation, equipment, materials, supply, handling, and salvage credits should be shown in a way that will permit direct comparison with the approved estimate from the original or supplemental agreements (see [[#643.2.12.6_Supplemental_Agreements|EPG 643.2.12.6]]).&lt;br /&gt;
&lt;br /&gt;
If the Actual Cost final invoice shows a much higher cost than the original estimate without scope change, the utility owner is required to give reasons in a letter to the district utilities staff explaining why the invoice cost increased. When the Actual Cost final invoice exceeds the amount shown in the table in [[#643.2.12.6_Supplemental_Agreements|EPG 643.2.12.6]], a supplemental agreement is required.&lt;br /&gt;
&lt;br /&gt;
When the district utilities staff has determined that the final invoice is accurate, the C-13 should be completed. Once the C-13 is completed, the C-13 and the final invoice from the utility owner are forward to Financial Services. For Actual Cost agreements, the C-9s should also be included in this transmittal. If no additional payments are required, the district utilities staff should note this in the transmittal as well. If the final invoice indicates previous payments to a utility owner exceeded the final invoice, the utility owner will need to send MoDOT a check for the overpayment amount. The check should be made payable to Director of Revenue – Credit State Road Fund. If the utility owner did not send MoDOT an overpayment check with the final invoice, district utilities staff should send a letter to the utility owner requesting the refund amount. Submittal of the final invoice to Financial Services should not occur until repayment has been received. The submittal to Financial Services should note the receipt of the repayment check.&lt;br /&gt;
&lt;br /&gt;
==643.2.15 Notice to Proceed==&lt;br /&gt;
For PE only, once an agreement has been executed, and Financial Services has advised that authorization from FHWA has been received, district utilities staff will issue a notice to proceed (NTP) letter to the utility owner for the PE. For agreements that include PE and construction or once a final agreement for construction has been executed, right of way clearance has been issued, and Financial Services has advised that authorization from FHWA has been received, the district utilities staff will issue NTP to the utility owner for construction. See [https://epg.modot.org/forms/general_files/DE/NoticeToProceedExampleLetter.docx Example of Notice to Proceed Letter]. If salvage credit is part of the agreement with the utility owner, the NTP letter should include a statement that the utility owner will need to inform district utilities staff of the time and place that inspection may be made of the removed material. The utility owner may be held accountable for full value of materials disposed without proper notice. Utility owners may purchase materials prior to NTP for construction; however, no other work on the adjustment necessary to allow highway construction may begin prior to NTP for construction. The utility owner, for reasons of planning their workload or due to seasonal situations, may request early authorization to perform the work. This request, with the district utilities staff recommendations, is sent to the Design Liaison Engineer for further handling, approval, and advancement of the necessary funds. A copy of the NTP should be saved in MoProjects. If a utility owner begins adjustments prior to NTP for construction, district utilities staff should notify the utility owner immediately in writing that reimbursement will not be made for work done prior to NTP for construction.&lt;br /&gt;
&lt;br /&gt;
==643.2.16 Construction of Utility Adjustments==&lt;br /&gt;
===643.2.16.1 Utility Owner Self-Perform===&lt;br /&gt;
As per 23 CFR 645.115 Construction, it may be cost-effective for certain utility adjustments to be performed by a utility owner with its own internal forces and equipment, provided the utility owner is qualified to perform the work in a satisfactory manner. This cost-effectiveness finding covers minor work on the utility owner’s existing utility facilities routinely performed by the utility owner with its own forces.&lt;br /&gt;
&lt;br /&gt;
===643.2.16.2 Construction Contract Requirements===&lt;br /&gt;
When the utility owner is not adequately staffed and equipped to perform such work with its own forces and equipment at a time convenient to coordination with the associated highway construction, such work may be done one of four ways for utility adjustments:&lt;br /&gt;
# MoDOT can provide the construction services, via awarded contract to the lowest qualified bidder based on appropriate solicitation. This can be done by including the adjustment work in the roadway improvement project ([[#643.2.14_Payment_to_Utility_Companies_for_Reimbursable_Work|EPG 643.2.12.4 Utility Agreement for Utility Work Included in Roadway Improvement Project]]) or by having a utility only project ([[#643.2.12.5_Agreement_for_a_Utility_Only_Project|EPG 643.2.12.5 Utility Only Project]]).&lt;br /&gt;
# The utility owner can award a construction contract to the lowest qualified bidder based on appropriate solicitation.&lt;br /&gt;
# The utility owner can utilize an existing continuing contract, provided the costs are reasonable (see [[#643.2.9.1_Independent_Cost_Estimate|EPG 643.2.9.1 Independent Cost Estimate]]).&lt;br /&gt;
# The utility owner can contract for low-cost incidental work, such as tree trimming and the like, without competitive bidding, provided the costs are reasonable (see [[#643.2.9.1_Independent_Cost_Estimate|EPG 643.2.9.1 Independent Cost Estimate]]).&lt;br /&gt;
&lt;br /&gt;
When a utility owner chooses option 2 to award its own new construction contract, the utility owner must provide the following documents and information to the district utilities staff. These documents need to be provided as soon as the utility owner has chosen to pursue a construction contract. Document 1 must be supplied by all utility owners. Documents 2 and 3 are only required when the utility owner is a local government agency who is also a political subdivision of the state of Missouri (e.g., city-owned utilities, county-owned utilities). All other utility owners are encouraged, but not required, to provide Documents 2 and 3.&lt;br /&gt;
# A statement that the utility owner is not staffed or able to perform the required construction activities with its own forces.&lt;br /&gt;
# A copy of the request for proposal used to secure bids.&lt;br /&gt;
# A list of a minimum of 3 bidders whom they believe can do the work. &#039;&#039;&#039;Political subdivisions are required to advertise for the work&#039;&#039;&#039;.&lt;br /&gt;
# Upon review of these documents, the district utilities staff will advise the utility owner to proceed with the solicitation of bids, but the utility owner will not be permitted to award the contract without the concurrence of district utilities staff. For lump sum agreements, approval of contract work and subcontract work is not required.&lt;br /&gt;
&lt;br /&gt;
The following documents need to be provided as soon as the utility owner has determined the lowest qualified contractor and would like to award the project. Document 1 must be supplied by all utility owners. Document 2 is only required when the utility owner is a local government agency who is also a political subdivision of the state of Missouri (e.g., city-owned utilities, county-owned utilities). All other utility owners are encouraged, but not required, to provide Document 2.&lt;br /&gt;
# The name address of the lowest qualified contractor.&lt;br /&gt;
# The tabulation of bids received and other information to support their recommendation for award to the lowest qualified bidder.&lt;br /&gt;
&lt;br /&gt;
The district utilities staff will review and approve the utility owner&#039;s bid information prior to the award of the contract. The Design Liaison Engineer is available to assist the district with review of bid information if necessary. Once the district utilities staff provides concurrence, the utility owner may proceed with awarding the contract. When the utility owner is a local government agency who is also a political subdivision of the state of Missouri (e.g., city-owned utilities, county-owned utilities), a copy of the executed contract must be shared with the district utilities staff. All other utility owners are encouraged, but not required, to provide a copy of the executed contract.&lt;br /&gt;
&lt;br /&gt;
A [https://epg.modot.org/forms/general_forms/DE/UtilityConsultantContractChecklist.docx checklist is available for reviewing contracts] to ensure the contract conforms to MoDOT policy and complies with applicable federal regulations.&lt;br /&gt;
&lt;br /&gt;
When a utility owner chooses to utilize an existing continuing contract, the utility owner will submit a copy of the contract to the district utilities staff. The district utilities staff will review the contract for reasonableness of cost. If district utilities staff and the utility owner’s representative cannot agree on the reasonableness of cost, then the utility owner will be required to award a new construction contract.&lt;br /&gt;
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===643.2.16.3 Inspection===&lt;br /&gt;
The degree of inspection needed for utility adjustments will vary considerably with the nature and location of the work and whether the Commission is responsible for any portion of the cost of reimbursement. Judgment must be used regarding the manner and regularity of inspection duties. Some phases of the work require a very close check to ensure that the highway will not be adversely affected and to ensure satisfactory performance of work in accordance with the agreement and plans. The degree of inspection may vary from spot checking of overhead installations to continuous close observation of backfilling trenches beneath proposed pavement, embankment area, or adjacent to bridge abutments. Proper inspection can ensure that the utility adjustment is completed as efficiently as possible to minimize future impacts to the utility facility and the highway construction project. A [https://epg.modot.org/forms/general_files/DE/UtilityFieldInspectionChecklist.docx Field Inspection Checklist] to assist district utilities staff responsible for inspection is available.&lt;br /&gt;
&lt;br /&gt;
If it is found that any actual cost reimbursable utility adjustment is being performed by unapproved contractors, district utilities staff should direct the work to stop. The utility owner’s representative should be informed immediately and should be advised in writing that the costs incurred by an unapproved contractor are not eligible for reimbursement under provisions of the agreement. The district utilities staff can take appropriate steps to approve a subcontract and advise when the utility owner can recommence work.&lt;br /&gt;
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===643.2.16.4 Documentation===&lt;br /&gt;
All documents related to the construction of the utility adjustment necessary to allow highway construction should be stored in MoProjects.&lt;br /&gt;
&lt;br /&gt;
Construction records must be kept to confirm that work is done in accordance with the terms of the agreement and in the manner proposed in the plans. The importance of a complete and accurate record cannot be overemphasized. Detailed records are necessary to support the recommendation for payment of the final invoice. A complete, separate daily record must be kept on each actual cost adjustment and submitted for review when the final invoice is recommended for payment. This district utilities staff responsible for inspection should complete the Daily Utility Report (C-9).&lt;br /&gt;
&lt;br /&gt;
====643.2.16.4.1 Utility Reports====&lt;br /&gt;
The Daily Utility Report ([https://epg.modot.org/forms/general_files/DE/C-9.docx Form C-9]) and the Final Utility Report ([https://epg.modot.org/forms/general_files/DE/C-13.docx Form C-13]) are used for documenting utility adjustments necessary to allow highway construction. The use of C-9s and C-13s will vary with method of reimbursement. For utility adjustments necessary to allow highway construction that overlap with the highway contractor’s work, progress records should be kept as necessary to coordinate the highway and utility construction activities. Sufficient records must be maintained to check and verify the items of labor, equipment, materials, and salvaged items as submitted on the final invoice.&lt;br /&gt;
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=====643.2.16.4.1.1 Daily Utility Report (C-9)=====&lt;br /&gt;
C-9s are only required for actual cost agreements. The district utilities staff responsible for inspection must in all cases keep records to document inclement weather, down time, and verbal authorization for minor changes. The district utilities staff responsible for inspection must complete a C-9 documenting the number and classification of employees and number of hours worked. Records of material used and of retired materials returned to stock or scrapped must be kept. The utility owner’s major items of equipment must also be recorded. When work is done by the contract method based on unit prices, the district utilities staff responsible for inspection should ascertain that units of work as provided in the bid proposal are measured and recorded to form a basis for checking the final invoice. C-9s should list the location and the number of units of work accomplished for that period. If contract labor or equipment is used by a utility owner on the basis of a bid per hour, per day, etc., it will be necessary to keep records on this labor or equipment time in the same manner as if the utility owner were performing the work with its own internal forces. District utilities staff responsible for inspection should also note all contractors working for the utility owner and the contractor approval authorization dates given in the agreement.&lt;br /&gt;
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=====643.2.16.4.1.2 Final Utility Report (C-13)=====&lt;br /&gt;
C-13s summarize that the utility adjustment work that was done in accordance with the agreement and plans, the percentage of total cost that is the responsibility of the Commission, and any progress payments that have been made. A C-13 is required for both actual cost and lump sum agreements. The requested numbers shown on line 9 (Commission Estimated Cost) and line 10 (Amount of Final Bill) in the report are the Commission’s total responsibility.&lt;br /&gt;
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====643.2.16.4.2 Breakdown and Emergency====&lt;br /&gt;
When breakdown and emergency situations occur, prior approval by MoDOT is not required for contract or equipment rental work unless the cost or period of time will be extensive. The utility owner should furnish a letter as soon as possible to explain the situation and set out the estimated costs involved. The district utilities staff’s records should substantiate the need and the changes for personnel and equipment.&lt;br /&gt;
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====643.2.16.4.3 Stop Work====&lt;br /&gt;
If at any point, a stop work order is given by MoDOT to a utility owner, written documentation of the stop work order should be saved in MoProjects.&lt;br /&gt;
&lt;br /&gt;
===643.2.16.5 Change Orders===&lt;br /&gt;
Any change in the plan of adjustment should be documented in writing to the utility owner as a change order. If the change order is anticipated to exceed $100,000 or 15% of the original agreement amount, district utilities staff should negotiate a supplemental agreement with the utility owner’s representative. Once a supplemental agreement is in place, district utilities staff should contact Financial Services to obtain an adjustment of the obligation mid-project. Change orders without supplemental agreements will be settled once the project is complete.&lt;br /&gt;
&lt;br /&gt;
====643.2.16.5.1 Actual Cost Agreement====&lt;br /&gt;
Slight modifications in quantities or the addition of minor items not included with the original agreement do not require a supplemental agreement. However, such changes should be documented in writing with the utility owner. A supplemental agreement is needed if costs exceed the above threshold or if there is a change in the percentage of cost that is the Commission’s responsibility on an agreement with shared responsibility for costs. Intermediate partial payments cannot be made on items in a supplemental agreement until the supplemental agreement is approved.&lt;br /&gt;
&lt;br /&gt;
====643.2.16.5.2 Lump Sum Agreement====&lt;br /&gt;
A supplemental agreement to a Lump Sum Agreement is only required for significant changes in the scope of work of the utility adjustment necessary to allow highway construction. Normal overruns are not considered as changes in approved work and will not be reimbursed. Significant changes in the scope of work on utility adjustments necessary to allow highway construction cannot be done until the supplemental agreement is approved, and the adjustment in obligation of funds is complete.&lt;br /&gt;
&lt;br /&gt;
==643.2.17 Utilities during Highway Construction==&lt;br /&gt;
The contractor is responsible for having utilities located by contacting Missouri One-Call (811) prior to any excavation on the project. A reminder of this responsibility should be made at the preconstruction meeting.&lt;br /&gt;
&lt;br /&gt;
===643.2.17.1 Preconstruction Meeting (Pre-Con)===&lt;br /&gt;
District utilities staff should be invited to all pre-cons.&lt;br /&gt;
&lt;br /&gt;
Pre-cons fall into three categories relating to utilities:&lt;br /&gt;
# No utility adjustments are anticipated within the project limits,&lt;br /&gt;
# All utility adjustments completed prior to the pre-con, and&lt;br /&gt;
# All utility adjustments not completed prior to the pre-con.&lt;br /&gt;
&lt;br /&gt;
====643.2.17.1.1 No Utility Adjustments Anticipated within the Project Limits====&lt;br /&gt;
For projects without a Utility Job Special Provision (JSP), no involvement of the utility owners is required at the pre-con. For projects with a Utility JSP, the Resident Engineer (RE) should invite all utility owner representatives listed in the JSP with known required adjustment to the pre-con. The RE should review potential impacts of the highway construction project with the contractor and the utility owner.&lt;br /&gt;
&lt;br /&gt;
====643.2.17.1.2 All Utility Adjustments Completed Prior to the Pre-Con====&lt;br /&gt;
The RE should invite all utility owner representatives listed in the JSP with known required adjustment to the pre-con. The RE should review potential impacts of the highway construction project with the contractor and the utility owner. A general discussion should highlight the previous adjustments made by the utility owner and what abandoned utility facilities the contractor may encounter.&lt;br /&gt;
&lt;br /&gt;
====643.2.17.1.3 All Utility Adjustments Not Completed Prior to the Pre-Con====&lt;br /&gt;
It is important for the RE and inspector to understand the utility owner’s work schedule and how it relates to the contractor’s work schedule. During the pre-con, the schedule of the utility owner and highway construction contractor should be discussed, and conflicts should be addressed to allow utility adjustments and highway construction to progress as near to the proposed schedule as possible. On large-scale projects that have many utility issues to address that could impact the work of the highway construction contractor, it may be necessary to have a separate pre-con with utility owner representatives.&lt;br /&gt;
&lt;br /&gt;
===643.2.17.2 Coordination Meetings===&lt;br /&gt;
When the utility work will not be completed soon after the preconstruction meeting, the RE should meet with district utilities staff, the highway construction contractor, and the utility owner representatives on a regular basis to discuss utility coordination issues, so expectations from all parties are known and conveyed clearly. The utility owner may need some work performed by MoDOT or the highway construction contractor prior to completing their adjustments. (Examples include: survey staking of right of way or proposed facilities, trees cleared, grading performed, or new structures built).&lt;br /&gt;
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==643.2.18 Service Drops==&lt;br /&gt;
Power and communication services provided by utility owners are necessary for the operation of the highway system. These services may include power to traffic signals, lighting, or ITS devices; power for cathodic protection; or telecommunication services to signal controllers or ITS devices. The project design teams should work with district utilities staff to identify proper locations for the applicable utility owners to provide these services. Various utility owners have different requirements for this process. The district utilities staff is encouraged to develop a workable relationship with the utility owners who provide these services to MoDOT. The costs of installing the services charged by the utility owner are considered a non-contractual item and should be accounted for in the project’s budget in the STIP. The proposed location and method for the service drops should be shown on the roadway plans. District utilities staff should meet with the utility owner’s representative to ensure the proposed location can be accommodated by the utility owner. For electrical service connections, the power supply assembly is ideally located a maximum of ten feet (10’) from the source location. Plans submitted for PS&amp;amp;E should reflect the agreed upon location for all service connections. During construction, district utilities staff and district construction staff should work together to ensure the placement of the services is consistent with the project plans. Payment for the service drops should be invoiced by the utility owner to the district. District utilities staff is responsible for submission of the invoice directly to Financial Services for payment noting the non-contractual charges for the project.&lt;br /&gt;
&lt;br /&gt;
==643.2.19 Buy America Build America for Utilities==&lt;br /&gt;
FHWA’s Buy America Build America (BABA) policies require a domestic manufacturing process for all steel or iron products, other construction materials, and manufactured products that are permanently incorporated into Federal-Aid Highway construction projects, including products and materials used for adjustments to utility facilities to allow highway construction. These guidelines are for all federally reimbursable transportation projects where FHWA is the lead federal agency; it does not take precedence over projects where Federal Transit Administration or the Federal Railroad Administration is deemed the be the lead federal agency.&lt;br /&gt;
&lt;br /&gt;
===643.2.19.1 Program Requirements for Utilities===&lt;br /&gt;
All MoDOT projects are federal-aid projects, and therefore, all reimbursable utility adjustments are required to follow the provisions of BABA. More information on MoDOT’s BABA policy and procedures can be found in [[106.9_Buy_America_Requirement|EPG 106.9 Buy America Requirement]]. Specifically, utility owners should be aware of the following procedures for determining applicability of the EPG 106.9 requirements to reimbursable utility adjustments necessary to allow highway construction:&lt;br /&gt;
* BABA does not apply when materials are relocated from one location to another within the project limits.&lt;br /&gt;
* BABA does not apply for materials necessary for temporary utility adjustments assuming materials are removed from the right of way upon completion of the utility adjustment to allow highway construction.&lt;br /&gt;
* Non-reimbursable work must be kept separate from reimbursable work (agreements, permits, etc.) in order to not be subject to BABA.&lt;br /&gt;
&lt;br /&gt;
===643.2.19.2 Certification Requirements for Utilities===&lt;br /&gt;
Utility owners have the option of choosing either to self-certify BABA compliance or provide vendor/manufacturer certification to MoDOT. The method of certification is chosen by the utility owner and is documented in either the MRUA or the project specific agreement. Regardless of agreement type or certification method, the utility owner must be compliant with BABA requirements.&lt;br /&gt;
&lt;br /&gt;
====643.2.19.2.1 BABA Utility Owner Self-Certification====&lt;br /&gt;
If a utility owner chooses to self-certify BABA compliance, the utility owner is not required to provide MoDOT copies of the supplier certification as part of the project documentation or with the final invoice for any reimbursable utility adjustment necessary to allow highway construction. Retention of all documents should be as described in the agreement.&lt;br /&gt;
&lt;br /&gt;
====643.2.19.2.2 BABA Vendor/Manufacturer Certification====&lt;br /&gt;
If a utility owner chooses to use vendor/manufacturer certification, the utility owner will supply MoDOT BABA compliance from all vendors and/or manufacturers. Certification from vendors will be signed by an authorized representative of the vendor on company letterhead or other acceptable documentation and will declare that all supplied materials subject to BABA requirements are fully compliant. Certification from iron or steel manufacturers must be in the form of a mill test report (MTF) issued and signed by the initial fabricator stating the materials subject to BABA were melted and manufactured in the United States. Other written statements on company letter or other acceptable documentation signed by an authorized representative of the manufacturer for any additional treatment to the fabricated material (such as blasting, galvanizing, painting, or coating) will state that all treatment processes occurred in the United States according to FWA guidelines. Retention of all documents should be as described in the agreement. Manufacturer certification for manufactured products or construction materials will state that all materials were sourced from the United States and were fabricated in the United States. Retention of all documents should be as described in the agreement.&lt;br /&gt;
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&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643.4 Railroads (NO CHANGE) &#039;&#039;PAGE TITLE&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;&lt;br /&gt;
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==236.5.12 Excess Land Conveyances &amp;amp; Relinquishments - Utilities==&lt;br /&gt;
All conveyances and relinquishments of Commission-owned property shall be evaluated for the existence of any utility facilities located within the areas to be conveyed or relinquished. A conveyance or relinquishment of Commission-owned property may have implications to the utility facilities, and the utility owners, when the Commission no longer controls the property. It is important to maintain the continuity of utility facilities for the general public; therefore, to identify and minimize potential impacts, MoDOT shall involve utility owners in the conveyance and relinquishment processes.&lt;br /&gt;
&lt;br /&gt;
===236.5.12.1 Excess Land Conveyances Utilities===&lt;br /&gt;
MoDOT shall only recommend that a property be declared excess upon satisfactorily addressing the utility impacts. Whether MoDOT or an external party initiates the conveyance of excess property, utility impacts shall be adequately addressed by using one of the following methods: &lt;br /&gt;
:1. Each utility facility will be relocated by permit into a new utility corridor retained by the Commission.&lt;br /&gt;
:2. Each utility facility will remain in place with the benefit of a non-exclusive permanent utility easement.&lt;br /&gt;
::&#039;&#039;If the Commission holds fee simple title to the property, the Commission shall convey a non-exclusive permanent utility easement to each utility owner&#039;&#039;.&lt;br /&gt;
::&#039;&#039;If the Commission holds a less than fee simple title interest in the property, MoDOT shall facilitate the conveyance of a non-exclusive permanent utility easement from the party acquiring the property to each utility owner&#039;&#039;.&lt;br /&gt;
:3. Each utility facility will be relocated to another portion of the property being conveyed.&lt;br /&gt;
::&#039;&#039;If the Commission holds fee simple title to the property, the Commission shall convey a non-exclusive permanent utility easement to each utility owner&#039;&#039;. &lt;br /&gt;
::&#039;&#039;If the Commission holds a less than fee simple title interest in the property, MoDOT shall facilitate the conveyance of a non-exclusive permanent utility easement from the party acquiring the property to each utility owner&#039;&#039;.&lt;br /&gt;
:4. Each utility facility will be relocated onto a portion of the property already owned by the party acquiring the Commission-owned property, with the benefit of a non-exclusive permanent easement. (MoDOT shall facilitate the conveyance of a non-exclusive permanent utility easement from the party acquiring the property to each utility owner.)&lt;br /&gt;
:5. A three-party negotiated settlement taking into consideration the overall value of the proposed transaction.&lt;br /&gt;
:6. Additional options to address utility impacts may be utilized with approval from the Asst. to the State Design Engineer - Right of Way.&lt;br /&gt;
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===236.5.12.2 Road Relinquishment Utilities===&lt;br /&gt;
MoDOT shall only recommend the relinquishment of roadways through the [[236.14 Change in Route Status Report|Change in Route Status Report]] upon satisfactorily addressing the impacts to utility facilities. If the roadway will be relinquished to a local public transportation authority, with the intent that it continues to be used as a public roadway, a clause similar to the following shall be included in the deed from the Commission to the local public transportation authority:&lt;br /&gt;
:&#039;&#039;&amp;quot;Grantee, by acceptance of this conveyance, covenants and agrees for itself, its successors and assigns, to allow known or unknown utility facilities currently located on the property, whether of record or not, to remain on the property, and to grant the current and subsequent owners of those facilities the right to maintain, construct and reconstruct the facilities and their appurtenances over, under, and across the land herein conveyed, along with the right of ingress and egress across the land herein conveyed to and from those utilities.&amp;quot;&#039;&#039; &lt;br /&gt;
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Proposed roadway relinquishments to private entities shall be reviewed in a manner consistent with the conveyance of excess property described in [[236.5 Property Management#236.5.3 Asset Management Committee|EPG 236.5.3 Asset Management Committee]].&lt;/div&gt;</summary>
		<author><name>Hoskir</name></author>
	</entry>
	<entry>
		<id>https://epg.modot.org/index.php?title=User:Hoskir/Revision_Request_4225&amp;diff=58887</id>
		<title>User:Hoskir/Revision Request 4225</title>
		<link rel="alternate" type="text/html" href="https://epg.modot.org/index.php?title=User:Hoskir/Revision_Request_4225&amp;diff=58887"/>
		<updated>2026-06-23T14:01:21Z</updated>

		<summary type="html">&lt;p&gt;Hoskir: /* 643.2.9.3.9 Accrued Depreciation Credits */&lt;/p&gt;
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&lt;div&gt;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643 Utility Procedures  &#039;&#039;CATEGORY&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt; &lt;br /&gt;
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| ● [https://www.ecfr.gov/current/title-23/chapter-I/subchapter-G/part-64523 CFR 645]&lt;br /&gt;
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| ● [https://www.sos.mo.gov/cmsimages/adrules/csr/current/7csr/7c10-3.pdf7 CSR 10-30]&lt;br /&gt;
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&#039;&#039;&#039;Utility Accommodation Policy:&#039;&#039;&#039; State DOTs are required to develop policies and procedures pertaining to the use, accommodation, and/or relocation of public and private utility facilities on highway rights-of way using Federal-aid highway funds. State DOTs are required to develop, maintain, and obtain FHWA approval of their Utility Accommodation Policy (UAP) (23 CFR section 645.215). This EPG article 643 and subarticles 643.1 through 643.3 are Missouri Department of Transportation (MoDOT)’s Utility Accommodation Policy. Text in EPG 643 consolidates various federal and state statutes and rules into a single, cohesive, workable policy to outline processes for MoDOT staff and utility owners.&lt;br /&gt;
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&#039;&#039;&#039;Delegation of Work:&#039;&#039;&#039; Each MoDOT district is responsible for ensuring implementation of the UAP outlined in the subsequent EPG articles. Each district can create its own organization for whom is responsible for the work including between divisions and job titles. Work responsibilities within this article and subarticles are generic where possible. If a specific title is included, that title has sole responsibility for that item of work.&lt;br /&gt;
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[[media:144 Major Highway System 2022.pdf|major routes]]&lt;br /&gt;
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&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643.1 Utility Location  &#039;&#039;PAGE TITLE&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt; &lt;br /&gt;
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The information in this article provides a uniform system for regulating the location, construction, maintenance, removal, and relocation of utility facilities on the right of way of roadways located on the state highway system. It also provides for the facilitation of construction and maintenance of these roadways. Any location or relocation of utility facilities contrary to this information is an interference with the construction, maintenance, or operation of a state highway and its right of way and is prohibited.&lt;br /&gt;
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==643.1.1 Permits==&lt;br /&gt;
All utility owners are required to obtain a permit to work on Missouri Highway and Transportation Commission (Commission) right of way. A permit is required for original installation of the utility facility, on-going maintenance of the utility facility, or adjustments to a utility facility necessary to allow highway construction. Per [[127.29_Stormwater#127.29.4.3_MCM_3:_Illicit_Discharge_Detection_and_Elimination_(IDDE)_Program|EPG 127.29.4.3]], discharges of anything other than stormwater are not permitted. A deposit or bond is required to ensure completion of the work in accordance with the permit issued. An [https://www.modot.org/permits application for a permit] may be made on established forms specifically stating the nature of the work to be performed. Applications for permits may be obtained at any of the [https://www.modot.mo.gov/ seven (7) district highway offices] of the Commission, [https://www.modot.mo.gov/ MoDOT&#039;s website], or by requesting it from the office of the Missouri Highways and Transportation Commission in Jefferson City, Missouri. The application for a permit will specifically state the nature of the work to be performed, what specific type of utility facility is to be installed, and, if necessary, the timeframe of any temporary use. Piping of any type of sewage or waste will only be allowed providing any permitting by a regulatory agency, such as Missouri Department of Natural Resources, can be provided. Prior to obtaining a permit through MoDOT’s permit system, a utility owner will be required to provide a bond to ensure satisfactory work and complete a TR50 Electronic Signature Agreement with the Commission. The name of the utility owner must match on the bond, TR50, and in the permit system. More information on permitting can be found in [[:Category:941_Permits_and_Access_Requests|EPG 941]].&lt;br /&gt;
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===643.1.1.1 Emergency Work===&lt;br /&gt;
When emergency operations work is necessary, the damaged utility facility may be accessed immediately and without a permit by leaving the pavement at such points as may be necessary to effect emergency repairs, provided immediate notice is given to the Missouri State Highway Patrol and the district utilities staff for the district wherein the work will be performed, and a permit for emergency operations is requested immediately upon discovery of the need for emergency operations. A permit for emergency operations work is to be obtained as soon as practical, but in no event later than two (2) working days after the emergency operations work has commenced. Emergency operations include, but are not limited to, unplanned work in response to utility facilities being so damaged as to constitute an emergency situation directly affecting or endangering traffic on the highway or public health or safety.&lt;br /&gt;
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===643.1.1.2 Third-Party Inspection===&lt;br /&gt;
When a utility owner has a large number of projects in a given area or projects involving great complexity, MoDOT reserves the right to limit the number of permits open at any given time. With approval of the district utilities staff, a utility owner may hire a third-party inspector, at their cost. The third-party inspector will allow the utility owner to increase the number of permits open at any given time. The responsibility of the third-party inspector will be to ensure the installation of the utility facility proceeds in a manner consistent with the plans approved in the permit, including all work zone requirements and conformity with MoDOT’s Standards and Specifications. The MoDOT approved third-party inspector will be listed in the permit. MoDOT may audit third-party inspections and revoke the right to use third-party inspections should the inspectors fail to perform their duties.&lt;br /&gt;
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===643.1.1.3 Abandoned Utility Facilities===&lt;br /&gt;
All utility facilities installed in Commission right of way are the property of the utility owner whether the utility facility is active or inactive. MoDOT may allow a utility facility to remain on Commission right of way whether the utility facility was abandoned for a MoDOT project or at the utility owner’s discretion. MoDOT may place requirements (such as removing inactive fiber optic cables, grouting pipes, removing valves) on the utility owner as part of the process of abandoning a utility facility. Liability for damage to Commission right of way due to an abandoned facility remains the responsibility of the utility owner. In the event MoDOT requires the removal of the abandoned utility facility, responsibility for the cost of the removal will be determined per [[643.2_Local_Utility_Adjustments_-_Public_and_Private#643.2.8_Preliminary_Engineering_(PE)_Requirements|EPG 643.2.8]].&lt;br /&gt;
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==643.1.2 Definitions==&lt;br /&gt;
&#039;&#039;&#039;Bridge Attachment:&#039;&#039;&#039; A bridge attachment is any utility facility, including communication lines and electrical lines, or any other utility facility of a similar nature that is fastened to a bridge for the purpose of spanning an obstacle.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Clear zone:&#039;&#039;&#039; The total roadside border area starting at the edge of the traveled way, available for safe use by errant vehicles. This area may consist of a shoulder, a recoverable slope, a non-recoverable slope, and/or the area at the toe of a non-recoverable slope available for safe use by an errant vehicle. Clear zone dimensions are provided in the current edition of American Association of State Highway Transportation Officials Roadside Design Guide.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Ditch Line:&#039;&#039;&#039; A line where the roadway ditch meets the back slope. It is located at the lowest point of a V-bottom ditch or furthest point from the roadway of a flat bottom ditch where the roadway slopes back to the existing ground line.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Duct:&#039;&#039;&#039; An enclosed tubular casing, or raceway, for protecting wires, lines, or cables that is often flexible or semi-rigid (1-3% diametric deflection). The casing, or raceway, is separate from the cable or conductor that passes through it.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Encasement:&#039;&#039;&#039; The term encasement means the placing of an installation around and outside of an underground facility consisting of a larger conduit that permits the removal and replacement of the facility. An alternate to the conduit type encasement is reinforced concrete poured around the utility facility. Utility owners are allowed to use any types of material as a carrier and encasement for its facilities as expressly provided for in the permit issued for the installation of the utility facility.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Freeway:&#039;&#039;&#039; A divided arterial highway with full control of access.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Highway:&#039;&#039;&#039; Any public way for vehicular travel, including the entire area within the right of way and related facilities constructed or improved and maintained by the Missouri Highways and Transportation Commission (MHTC) acting through the Missouri Department of Transportation (MoDOT).&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Interchange Limits:&#039;&#039;&#039; For the uniform handling of utility installations only, the limits of an interchange are the outside ramp curve points. See [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_1_TypicalInterchangeLimits_AOD.pdf EPG Figure 643.1.1] for an example.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Interstate System or Other Freeways/Expressways:&#039;&#039;&#039; Interstate highways and highways with fully controlled access.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Major Routes (Interstates, Freeways/Expressways and Principal Arterials):&#039;&#039;&#039; The major highway system is all routes functionally classified as principal arterials. The principal arterial system provides for statewide or interstate movement of traffic. The major roads in Missouri total approximately 5,500 centerline miles.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Minor Routes:&#039;&#039;&#039; The minor highway system is all routes functionally classified as minor arterials or collectors. These routes mainly serve local transportation needs. The minor roads in Missouri total approximately 28,400 centerline miles.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Normal Right of Way Line:&#039;&#039;&#039; An imaginary line that connects sudden breaks in the major right of way points for roadways. Sight distance right of way points (triangles) at roadway intersections are not to be considered as sudden breaks for determining normal right of way.&lt;br /&gt;
[[File:fig_643.1.2-06_2026.jpg|none|700px|thumb|Figure 643.1.2 Normal Right of Way Line.]]&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Private Lines:&#039;&#039;&#039; Privately owned utility facilities which convey or transmit the commodities outlined in the definition of utility facility of this section but devoted exclusively to private use.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Scenic Enhancement Areas:&#039;&#039;&#039; Scenic enhancement areas include areas acquired or so designated as scenic strips, overlooks, rest areas, recreation areas, and the right of way of adjacent roadways and the right of way of roadways that pass through public parks and historic sites as described under 23 USC 138.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Utility Corridor:&#039;&#039;&#039; An area established for the placement of utility facilities parallel to the normal right of way line.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Utility Facility:&#039;&#039;&#039; Privately, publicly, or cooperatively owned line, facility, or system for producing, transmitting, or distributing communications, cable television, power, electricity, light, heat, gas, oil, crude products, water, steam, waste, storm water not connected with highway drainage or any other similar commodity, including any fire or police signal system or street lighting system which directly or indirectly serves the public and does not include privately owned facilities devoted exclusively to private use. The term &amp;quot;utility facility&amp;quot; includes those facilities used solely by the utility owner that are a part of its operating plant.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Utility Owner:&#039;&#039;&#039; The utility owner is the utility company, inclusive of any wholly owned or controlled subsidiary, or city or county which owns utility facilities. The term also includes those government agencies that lease a utility facility for its own use or otherwise dedicated solely to governmental use.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Variance:&#039;&#039;&#039; A one- (1-) time deviation from the requirements for location or relocation of utility facilities on the right of way of highways in the state highway system as established in [https://www.sos.mo.gov/cmsimages/adrules/csr/current/7csr/7c10-3.pdf Title 7 Code of State Regulations 10-3], requested by the utility, and approved by a MoDOT District Design Engineer.&lt;br /&gt;
&lt;br /&gt;
==643.1.3 Location of Utility Facilities==&lt;br /&gt;
Utility facilities paralleling the roadway should be installed in the utility corridor except as outlined below. The utility corridor is the space for all utility owners generally within six feet (6’) of the normal right of way line. When considering if the current utility corridor is available to expand from six feet (6’) to as much as twelve feet (12’), MoDOT determines if the expansion is warranted. In making the determination, MoDOT will consider the existing utilization of the original six feet (6’) corridor. Poles must remain within two feet (2’) of the normal right of way line unless approved by a variance. The utility corridor will only be expanded beyond six feet (6’) if the original six feet (6’) corridor is fully utilized and additional space would be required to accommodate additional utility facilities. Acquisition of additional right of way to establish a twelve feet (12’) corridor is not required on highway construction projects. For depths for underground utility facilities, see [[#643.1.4.1_Minimum_Cover_for_Underground_Facilities|EPG 643.1.4.1]].&lt;br /&gt;
&lt;br /&gt;
Utility facilities crossing the roadway should be installed as close to ninety degrees (90°) to the centerline of the roadway as possible and based on the guidelines below depending on the type of roadway. See [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_3_TypicalUtilityCorridor-InterchangeatMajorRoute_AOD.pdf EPG Figure 643.1.3] and [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_4_TypicalUtilityCorridor-InterchangeatMinorRoute_AOD.pdf EPG Figure 643.1.4] for typical utility corridors around interchanges.&lt;br /&gt;
&lt;br /&gt;
===643.1.3.1 Interstate System or Other Major Freeways/Expressways===&lt;br /&gt;
The installation of all utility facilities on highways of the Interstate System or other major freeways/expressways with fully controlled access are to be installed, serviced, and maintained without entering or leaving the roadway and ramps except at points approved by MoDOT for that purpose and without parking any equipment or storing materials upon the medians, roadway and ramps, or shoulders of the roadways. Cutting or damaging the pavement or paved shoulders is not permitted. New service connections to existing parallel utility facilities are to be permitted only where an outer roadway exists and then only where access is permitted by the Commission. Careful consideration will be given to the location of guys, anchors, braces, and other supports. Generally, good design practice will provide that appurtenances be located at right of way jogs, along intersecting road right of way, or at other similar acceptable locations, so that encroachment is held to an absolute minimum.&lt;br /&gt;
&lt;br /&gt;
No utility facilities will be permitted within the interchange limits of an interchange between fully limited access highways where planned or existing. Utility facilities within the interchange limits of an interchange with a non-access controlled highway will be permitted only along the minor road, provided that all construction, service, and maintenance can be performed from the minor road. Manholes and poles must be located beyond the ramp termini.&lt;br /&gt;
&lt;br /&gt;
For structures carrying or over interstates or other major freeways/expressways, see [[#643.1.5_Bridge_Attachment_Policy|EPG 643.1.5]].&lt;br /&gt;
&lt;br /&gt;
====643.1.3.1.1 Utility Facilities Crossing the Interstate or Other Major Freeways/Expressways====&lt;br /&gt;
=====643.1.3.1.1.1 Overhead Crossings of the Interstate or Other Major Freeways/Expressways=====&lt;br /&gt;
Overhead crossings of utility facilities are permitted only for power transmission and distribution lines and for multiple circuit communication lines where an underground installation is not economically feasible. Supports for existing utility facilities crossing overhead may remain on the right of way provided they are near the right of way line regardless of the presence of an outer road. Supports for new overhead utility facilities crossing overhead may be located on the right of way near the right of way line where an outer roadway exists and are to be located off the right of way where no outer roadway exists. Overhead service crossings are only permitted in isolated cases for residential or commercial establishments when the denial of the crossing would require construction of more than 1,200 feet (1,200’) of utility line to provide the service. Main or distribution line crossings are required to serve a general area other than isolated cases.&lt;br /&gt;
&lt;br /&gt;
=====643.1.3.1.1.2 Underground Crossings of the Interstate or Other Major Freeways/Expressways=====&lt;br /&gt;
Underground crossings of utility facilities are to be continuously encased under the pavement, medians, ramps, and shoulders with the casing extending to the toe of the fill slopes or to the ditch line. In curbed sections, encasement should extend outside the outer curb of the roadways a distance equal to the depth of the encasement at the curb line. Where installed by open trench through unpaved areas, detector tape should be placed approximately one foot (1&#039;) above the encasement. Where an interstate or other major freeway has a parallel outer roadway, encasement should be continuous under all roadways within the right of way.&lt;br /&gt;
&lt;br /&gt;
Manholes or vent pipes are to be located at the right of way line or adjacent to the outer roadway.&lt;br /&gt;
&lt;br /&gt;
For fiber optic cable, encasement should extend from within six feet (6&#039;) of one right of way line to within six feet (6&#039;) of the other right of way line.&lt;br /&gt;
&lt;br /&gt;
Exceptions may be made for encasement as listed in [[#643.1.4.2_Exceptions_to_Encasement|EPG 643.1.4.2]].&lt;br /&gt;
&lt;br /&gt;
=====643.1.3.1.1.3 Parallel Installations along the Interstate or Other Major Freeways/Expressways=====&lt;br /&gt;
New parallel installations on the right of way may be permitted only where an outer roadway exists, provided that poles are within two feet (2&#039;) of the normal right of way line and underground utility facilities are within the utility corridor, and provided that the utility facility can be installed and maintained between the outer roadway and the right of way line. Existing overhead or underground utility facilities that parallel an existing roadway which will be incorporated into a completed highway as an outer roadway may remain in place if all maintenance and service can be performed from an outer roadway and the existing location does not interfere with construction, maintenance, or operation of the completed highway. If an existing parallel utility facility needs to be relocated so as to not interfere with the construction, maintenance, or operation of the completed interstate or other major freeway, poles may be located withing five feet (5’) of the right of way line.&lt;br /&gt;
&lt;br /&gt;
Underground utility facilities are expected to be buried within the utility corridor of sight distance triangles (SDTs) at roadway intersections unless granted a variance. Overhead utility facilities may be allowed to span intersecting roadways with SDTs provided the poles, or supports, are located outside the SDT.&lt;br /&gt;
&lt;br /&gt;
=====643.1.3.1.1.4 Sanitary Sewers within the Right of Way of Interstates or Other Major Freeways/Expressways=====&lt;br /&gt;
New installations of sanitary sewers should follow the applicable guidelines for either underground crossings or parallel installations as appropriate. Existing gravity trunk sanitary sewers should be considered individually and removed or left in place contingent upon its age, condition, feasibility of moving, and maintenance access. Encasement of existing trunk sewers left in place may be required for questionable condition, protection during construction, or heavy fills.&lt;br /&gt;
&lt;br /&gt;
Manholes should be relocated to the right of way lines or adjacent to an outer roadway.&lt;br /&gt;
&lt;br /&gt;
===643.1.3.2 Major Routes===&lt;br /&gt;
For structures carrying or over major routes, see [[#643.1.5_Bridge_Attachment_Policy|EPG 643.1.5]].&lt;br /&gt;
&lt;br /&gt;
====643.1.3.2.1 Major Routes with Partially Controlled Access Right of Way====&lt;br /&gt;
The installation of all utility facilities on highways with partially controlled access right of way are to be installed, serviced, and maintained without entering or leaving the roadway and ramps except at points approved by MoDOT for that purpose and without parking any equipment or storing materials upon the medians, roadway and ramps, or shoulders of the roadways. Cutting or damaging the pavement or paved shoulders is not permitted. Equipment or materials stored within the right of way must be protected by longitudinal barrier or be located outside the clear zone. New service connections to existing parallel utility facilities are to be permitted only where granted by the Commission.&lt;br /&gt;
&lt;br /&gt;
No utility facilities will be permitted within the interchange limits of an interchange between fully limited access highways where planned or existing. Utility facilities within the interchange limits of an interchange with a non-access controlled highway will be permitted only along the minor road, provided that all construction, service, and maintenance can be performed from the minor road. Manholes and poles must be located beyond the ramp termini.&lt;br /&gt;
&lt;br /&gt;
====643.1.3.2.2 Major Routes with Normal Access Right of Way====&lt;br /&gt;
All new utility facilities will be installed and maintained without cutting or damaging the pavement or paved shoulders except in the event underlying rock formations or other obstructions are encountered that prevent boring or pushing operations. A variance may be granted for pavement cuts when the need is established. Pavement cuts may only be made by permits issued when it is impractical to otherwise service and maintain the facility. The installation of all utility facilities is to be installed without parking any equipment or storing materials upon the medians, roadway and ramps, or shoulders of the roadways. Equipment or materials stored within the right of way must be protected by longitudinal barrier or be located outside the clear zone.&lt;br /&gt;
&lt;br /&gt;
====643.1.3.2.3 Utility Facilities Crossing Major Routes====&lt;br /&gt;
=====643.1.3.2.3.1 Overhead Crossings of Major Routes=====&lt;br /&gt;
Supports for utility facilities crossing overhead should be located as near the right of way line as possible. For major routes with controlled access right of way, new overhead service crossings may be permitted in isolated cases for residential or commercial establishments where the denial of such crossings would require the construction of more than 1,200 feet (1,200’) of utility line to provide the same service. For major routes with normal access right of way, there is no restriction on the placement of service crossings.&lt;br /&gt;
&lt;br /&gt;
=====643.1.3.2.3.2 Underground Crossings of Major Routes=====&lt;br /&gt;
Underground crossings of utility facilities are to be continuously encased under the pavement, medians, ramps, and shoulders with the casing extending to the toe of the fill slopes or to the ditch line. In curbed sections, encasement should extend outside the outer curb of the roadways a distance equal to the depth of the encasement at the curb line. Where installed by open trench through unpaved areas, detector tape should be placed approximately one foot (1&#039;) above the encasement. Where a major route has a parallel outer roadway, encasement should be continuous under all roadways within the right of way.&lt;br /&gt;
&lt;br /&gt;
Manholes or vent pipes are to be located at the right of way line or adjacent to the outer roadway.&lt;br /&gt;
&lt;br /&gt;
For fiber optic cable, encasement should extend from within six feet (6&#039;) of one right of way line to within six feet (6&#039;) of the other right of way line.&lt;br /&gt;
&lt;br /&gt;
Exceptions may be made for encasement as listed in [[#643.1.4.2_Exceptions_to_Encasement|EPG 643.1.4.2]].&lt;br /&gt;
&lt;br /&gt;
====643.1.3.2.4 Parallel Installations along Major Routes====&lt;br /&gt;
New parallel installations on the right of way may be permitted provided that poles are within two feet (2&#039;) of the normal right of way line and underground utility facilities are within the utility corridor. Existing overhead or underground utility facilities that parallel an existing roadway which will be incorporated into a completed highway may remain in place if all maintenance and service can be performed without entering or leaving the roadway except at approved access points; without parking equipment or storing materials on the median, pavement, ramps, or shoulders; and the existing location does not interfere with construction, maintenance, or operation of the completed highway. If an existing parallel utility facility needs to be relocated so as to not interfere with the construction, maintenance, or operation of the completed highway, poles may be located withing five feet (5’) of the right of way line.&lt;br /&gt;
&lt;br /&gt;
Existing steel pipe transmission and distribution facilities for gaseous petroleum products that parallel an existing roadway that will be incorporated into the completed roadway may be left in place subject to an agreement by the utility owner that maintenance or service and facility expansion will be performed without cutting or damaging the pavement or interfering with the construction, maintenance, and operation of the highway and provided that the facility is cathodically protected against corrosion and meets the applicable material requirements.&lt;br /&gt;
&lt;br /&gt;
Underground utility facilities are expected to be buried within the utility corridor of sight distance triangles (SDTs) at roadway intersections unless granted a variance. Overhead utility facilities may be allowed to span intersecting roadways with SDTs provided the poles, or supports, are located outside the SDT.&lt;br /&gt;
&lt;br /&gt;
====643.1.3.2.5 Sanitary Sewers within the Right of Way of Major Routes====&lt;br /&gt;
New installations of sanitary sewers should follow the applicable guidelines for either underground crossings or parallel installations as appropriate. An existing gravity trunk sanitary sewer should be considered individually and removed or left in place contingent upon its age, condition, feasibility of moving, and maintenance access. If an existing parallel gravity main is left in place within the limits of the paved surface, paved shoulder lines, or curb lines, stub mains as required will be laid between the sewer main and curb or shoulder lines for future service connections in each block. Manholes should be relocated outside the traveled roadway as near the right of way line as practical.&lt;br /&gt;
&lt;br /&gt;
===643.1.3.3 Minor Routes===&lt;br /&gt;
For structures carrying or over minor routes, see [[#643.1.5_Bridge_Attachment_Policy|EPG 643.1.5]].&lt;br /&gt;
&lt;br /&gt;
====643.1.3.3.1 Utility Facilities Crossing Minor Routes====&lt;br /&gt;
=====643.1.3.3.1.1 Overhead Crossings of Minor Routes=====&lt;br /&gt;
Existing overhead crossings that interfere with construction, maintenance, or operation should be relocated with their supports as near the right of way line as is practical. New overhead crossing installations should be located with their supports as near the right of way line as is practical.&lt;br /&gt;
&lt;br /&gt;
=====643.1.3.3.1.2 Underground Crossings of Minor Routes=====&lt;br /&gt;
All new utility facilities should be installed and maintained without cutting or damaging the pavement or paved shoulders. A variance may be granted for pavement cuts when servicing and maintaining the facility by any other methods is impractical. Pavement cuts may only be made by permits issued. Underground crossings of utility facilities are to be continuously encased under the pavement, medians, ramps, and shoulders with the casing extending to the toe of the fill slopes or to the ditch line. In curbed sections, encasement should extend outside the outer curb of the roadways a distance equal to the depth of the encasement at the curb line. Where installed by open trench through unpaved areas, detector tape should be placed approximately one foot (1&#039;) above the encasement.&lt;br /&gt;
&lt;br /&gt;
Manholes or vent pipes are to be located at the right of way line or adjacent to the outer roadway.&lt;br /&gt;
&lt;br /&gt;
For fiber optic cable, encasement should extend from within six feet (6&#039;) of one right of way line to within six feet (6&#039;) of the other right of way line.&lt;br /&gt;
&lt;br /&gt;
Exceptions may be made for encasement as listed in [[#643.1.4.2_Exceptions_to_Encasement|EPG 643.1.4.2]].&lt;br /&gt;
&lt;br /&gt;
====643.1.3.3.2 Parallel Installations along Minor Routes====&lt;br /&gt;
New parallel installations on the right of way may be permitted provided that poles are within two feet (2&#039;) of the normal right of way line and underground utility facilities are within the utility corridor. Existing overhead or underground utility facilities that parallel an existing roadway which will be incorporated into a completed highway may remain in place if all maintenance and service can be performed without entering or leaving the roadway except at approved access points; without parking equipment or storing materials on the median, pavement, ramps, or shoulders; and the existing location does not interfere with construction, maintenance, or operation of the completed highway. If an existing parallel utility facility needs to be relocated so as to not interfere with the construction, maintenance, or operation of the completed highway, poles may be located within five feet (5’) of the right of way line.&lt;br /&gt;
&lt;br /&gt;
Underground utility facilities are expected to be buried within the utility corridor of sight distance triangles (SDTs) at roadway intersections unless granted a variance. Overhead utility facilities may be allowed to span intersecting roadways with SDTs provided the poles, or supports, are located outside the SDT.&lt;br /&gt;
&lt;br /&gt;
====643.1.3.3.3 Sanitary Sewers within the Right of Way of Minor Routes====&lt;br /&gt;
New installations of sanitary sewers should follow the applicable guidelines for either underground crossings or parallel installations as appropriate. An existing gravity trunk sanitary sewer should be considered individually and removed or left in place contingent upon its age, condition, feasibility of moving, and maintenance access. If an existing parallel gravity main is left in place within the limits of the paved surface, paved shoulder lines, or curb lines, stub mains as required will be laid between the sewer main and curb or shoulder lines for future service connections in each block. Manholes should be relocated outside the traveled roadway.&lt;br /&gt;
&lt;br /&gt;
===643.1.3.4 Roundabouts===&lt;br /&gt;
Regardless of roadway type, it is desirable to avoid locating utility facilities and their access points within the circulatory roadway. If possible, utility facilities are located in the legs of the roundabout to allow for future maintenance and access at an isolated leg versus affecting the entire roundabout. See [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_5_TypicalLocationofUtilityFacilitiesnearRoundabouts_AOD.pdf EPG Figure 643.1.5] for an example.&lt;br /&gt;
&lt;br /&gt;
===643.1.3.5 Utility Facilities in Scenic Enhancement Areas===&lt;br /&gt;
All existing utility facilities within the limits of a scenic enhancement area requiring adjustment because of construction or reconstruction will be placed underground or relocated beyond the limits of the scenic enhancement area. No new above ground facilities will be permitted. New underground facilities will be permitted provided they do not extensively alter or impair the appearance of the area.&lt;br /&gt;
&lt;br /&gt;
==643.1.4 Installation of Utility Facilities==&lt;br /&gt;
The following sections provide information on the physical installation of utility facilities within highway right of way.&lt;br /&gt;
&lt;br /&gt;
===643.1.4.1 Minimum Cover for Underground Facilities===&lt;br /&gt;
The minimum cover for new underground utilities is:&lt;br /&gt;
* Forty-two inches (42”) for all water lines (parallel and crossings).&lt;br /&gt;
* Forty-two inches (42”) for fiber optic cable (crossings encased in rigid conduit).&lt;br /&gt;
* Seventy-two inches (72”) for fiber optic cable (crossings encased in polyethylene (PE) pipe).&lt;br /&gt;
* Thirty inches (30”) for direct burial and in trench fiber optic cable (parallel).&lt;br /&gt;
* Twenty-four inches (24”) for all other direct burial copper or coaxial cable, (parallel).&lt;br /&gt;
* Seventy-two inches (72”) for uncased polyethylene (PE) gas pipe crossings under ditches and roadways but thirty inches (30”) elsewhere.&lt;br /&gt;
* Thirty inches (30”) for all other (such as, but not limited to, gravity sewers, forced sewers, and electric) underground utilities (both parallel and crossing).&lt;br /&gt;
&lt;br /&gt;
===643.1.4.2 Exceptions to Encasement===&lt;br /&gt;
Exceptions may be made for encasement as follows:&lt;br /&gt;
* Non-fiber communication or electric cables installed in ducts.&lt;br /&gt;
* Welded steel pipelines carrying gaseous or liquid petroleum products - provided they are cathodically protected against corrosion, triple-coated in accordance with accepted pipeline construction standards, and meet applicable material requirements.&lt;br /&gt;
* Natural gas distribution pipe (nominal six-inch (6”) diameter maximum) of polyethylene (PE) plastic, traceable, installed by a horizontal bore method at a minimum depth of seventy-two inches (72”) under ditches and roadways, constructed in accordance with and meeting applicable material requirements.&lt;br /&gt;
* Gas service connections protected and constructed in accordance with and meeting applicable material requirements.&lt;br /&gt;
* Encasement is not required for new trunk sanitary sewer crossings of vitrified clay, reinforced concrete or cast iron except when installation procedures would produce voids in the roadbed, heavy fills, or installations under pressure.&lt;br /&gt;
&lt;br /&gt;
===643.1.4.3 Above Ground or Ground Level Appurtenances===&lt;br /&gt;
Appurtenances protruding more than four inches (4”) above the ground line should be located outside the clear zone. If no feasible alternative exists and if permitted by a variance, appurtenances may be allowed within the clear zone if they meet breakaway criteria or will be shielded by a traffic barrier. Good design practice will provide that appurtenances be located at right of way jogs, along intersecting road right of way, or at other similar acceptable locations, so that encroachment is held to an absolute minimum. Cables, wires, small diameter pipes, and other such utility appurtenances extending from the surface of the ground should be equipped with covers or guards to improve their visibility. Appurtenances within sidewalks or street level pedestrian access routes are to be in conformance with the Americans with Disabilities Act requirements.&lt;br /&gt;
&lt;br /&gt;
The maximum pull box width perpendicular to the right of way line within the utility corridor is thirty inches (30”).&lt;br /&gt;
&lt;br /&gt;
===643.1.4.4 Overhead Utility Facilities===&lt;br /&gt;
The vertical clearance of new or existing overhead installations will not be less than the current minimum requirements of the National Electric Safety Code, but in no case less than eighteen feet (18’) inclusive of sag above the groundline for electrical facilities. Clearance may be reduced for overhead installations of cable, telephone, or fiber optic facilities.&lt;br /&gt;
A minimum radial clearance of twenty-five feet (25’) is provided from any utility facility to the nearest part of any bridge structure. A minimum radial clearance of ten feet (10’) is provided from the nearest charged electrical line to a MoDOT signal, lighting, ITS, or overhead sign structure.&lt;br /&gt;
&lt;br /&gt;
===643.1.4.5 Approved Materials===&lt;br /&gt;
Utility owners are allowed to use any material for underground utility facilities including carrier and encasement provided they accept responsibility for any future repairs and/or replacement of damaged MoDOT facilities should a failure occur. This will allow the use of current technology and procedures to provide the best value to its subscribers and the taxpayers of Missouri. For materials that MoDOT also uses in its highway system, utility owners must provide materials that meet the current [https://www.modot.org/missouri-standard-specifications-highway-construction Missouri Standard Specifications for Highway Construction]. For materials not listed in the Missouri Standard Specifications for Highway Construction, the utility owner should provide documentation of the standards used to determine suitability of the material.&lt;br /&gt;
&lt;br /&gt;
===643.1.4.6 Cutting===&lt;br /&gt;
In the event permission is granted to cut an existing concrete or asphalt pavement or sidewalk, the appropriate provisions below should be followed.&lt;br /&gt;
&lt;br /&gt;
====643.1.4.6.1 Pavement====&lt;br /&gt;
All pavement cuts should be made with a saw to the full depth of the pavement. The width of the cut is typically determined by the width of the trench plus a minimum one foot (1’) on each side of the trench. In the event the distance to any adjacent longitudinal or transverse joint or crack is less than four feet (4’), the pavement must be removed to the joint or crack. Cuts for perpendicular service tie-ins should be a minimum of three feet (3’) wide. Longitudinal main installations are typically cut at a minimum of half the lane width, but in no instance should the cut be along the wheel path of the lane.&lt;br /&gt;
[[File:fig_643.1.6-06_2026.jpg|800px|none|thumb|Figure 643.1.6 Pavement Repair Dimension Requirements.]]&lt;br /&gt;
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The utility facilities should be placed in a location with the least impact to the roadway. Typically, this leads to placement in the shoulder when available followed by the two-way left turn lane (TWLTL), and then outside lanes before allowing placement in interior through lanes. Lane switching should be kept to a minimum and should not be used to minimize repair sizes. Cuts for mains or service leads that may not be perpendicular to the roadway should be squared-off.&lt;br /&gt;
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Replacement of cut pavement should be full depth concrete in accordance with the current version at the time of installation of Section 613.10 Full Depth Pavement Repairs of the Missouri Standard Specifications for Highway Construction and the Missouri Standard Plans for Highway Construction. If the area of the pavement repair is not to be fully resurfaced all joints including the overcut from the sawing operation should be filled with an expansive mortar, epoxy, polyester, or joint material as approved by the Engineer in accordance with Section 1057 of the Missouri Standard Specifications for Highway Construction.&lt;br /&gt;
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====643.1.4.6.2 Pedestrian Access Routes====&lt;br /&gt;
All cuts in the pedestrian access routes whether asphalt or concrete should be made by saw and be the full depth of the material. Entire slabs of concrete sidewalk should be removed. Repair of the pedestrian access route must meet Americans with Disability Act requirements, see [[:Category:642_Pedestrian_Facilities|EPG 642]]. Cuts through curb ramps or detectable warning areas are not permitted. Rather the entire curb ramp or detectable warning area must be removed and replaced. MoDOT district ADA contacts can help ensure ADA compliance of impacted pedestrian access routes.&lt;br /&gt;
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===643.1.4.7 Non-disturbance Areas===&lt;br /&gt;
MoDOT has certain areas of right of way where mowing, spraying, digging, or other vegetation disturbance activities are restricted. These areas have been established to mitigate the environmental impacts of a previous project and should be avoided. If the areas cannot be avoided, contact MoDOT’s Environmental Section.&lt;br /&gt;
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==643.1.5 Bridge Attachment Policy==&lt;br /&gt;
No utility facility will be permitted in or on a structure carrying an interstate or other freeway unless it is part of a federal requirement or for MoDOT’s use. When the structure carries any other road type and no other practical means exists for the crossing, wires (communication, electrical, fiber, or metal) will be permitted. Electrical lines must be located to cause minimum exposure to MoDOT maintenance personnel and the public. Pressurized pipelines for gas or other petroleum products and water and all sewer lines are prohibited on all structures due to the risks associated with their failure.&lt;br /&gt;
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===643.1.5.1 Agreement===&lt;br /&gt;
An agreement is required for all utility facilities attached to any structure. A charge will be made for the increased maintenance costs involved. This fee is set by the Bridge Division. When permitted, a 50-year occupational agreement is executed with the utility owner. Agreement BR04 Utility Attachment Agreement is used when an attachment is added to a bridge during its construction. Agreement BR09 Bridge Attachment Agreement is used when an attachment is added to an existing bridge.&lt;br /&gt;
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===643.1.5.2 Requests===&lt;br /&gt;
Requests to attach facilities to structures is a multi-step process. Bridge Division is responsible for approval of the bridge attachment. If at any point in the process, Bridge Division determines the attachment to be unacceptable, a reason is to be provided.&lt;br /&gt;
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To start, the utility owner submits a conceptual request to the district utilities staff. The conceptual request consists of an explanation of the proposal; a general location sketch (i.e., which side of the bridge); and details on the facility, length, and weight per foot when full. The district utilities staff should work with all relevant district personnel including the District Bridge Engineer in reviewing and recommending the attachment. The district utilities staff will submit the recommended details to the Bridge Division to determine the applicable costs including future maintenance costs and for attachments to new bridges, design and construction. Once the Bridge Division has determined the cost, the district utilities staff shares the cost with the utility owner for their concurrence with furthering the process. For new bridges, if the utility owner concurs with the costs, the district utility staff will prepare the BR04 Agreement for execution by the utility owner and the Commission. MoDOT will be responsible for the design and construction of attachments to new bridges. For existing bridges, the district utilities staff will forward the applicable as-built bridge plans to the utility owner for its use in designing the bridge attachment. The utility owner will provide detailed design drawings, signed and sealed by a professional engineer in the State of Missouri, to the district utilities staff for review. The district utilities staff should work with all relevant district personnel, including the District Bridge Engineer, in reviewing and recommending the details of the attachment to the Bridge Division. Once Bridge Division approves, the Bridge Division will prepare the BR09 Agreement for execution by the utility owner and the Commission. The utility owner is responsible for the construction of attachments to existing bridges. A flow chart, [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_7_BridgeAttachementProcess_AOD.pdf EPG Figure 643.1.7], of the process is available.&lt;br /&gt;
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Payment from the utility owner for the attachment will be sent to Financial Services by district utilities staff. For BR04 agreements, district utilities staff should discuss with Financial Services how to get the payment credited to the project constructing the attachment. For BR09 agreements, district utilities staff should copy Bridge Division on correspondence with Financial Serves. Checks should be made payable to Director of Revenue, Credit State Road Fund.&lt;br /&gt;
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For requests from government entities such as cities, counties, and other municipalities, the requested information should be submitted to Bridge Division as described above. However, the district utilities staff will take the lead in preparing the DE10 County Agreement or DE11 Municipal Agreement, as applicable, with input from Bridge Division and Bridge Maintenance. All fees are waived for government entities.&lt;br /&gt;
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===643.1.5.3 Considerations===&lt;br /&gt;
The following considerations are made in determining the acceptability of a bridge attachment. Unique situations will be discussed with the Bridge Division as required.&lt;br /&gt;
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====643.1.5.3.1 Bridge Asset Management Program====&lt;br /&gt;
Requests for bridge attachments should be reviewed for consistency with the district’s upcoming bridge asset management program needs. If a structure is due for rehabilitation or replacement in the near future, information should be provided to the utility owner indicating existing remaining life of the bridge. In some instances, it may be in MoDOT’s best interest to deny the request for attachment outright. In some instances, the utility owner may still choose to pursue the short-term attachment to the existing structure. In almost all cases, the utility owner is responsible for the cost of removing and/or relocating their utility facilities for a necessary repair, widening, improvement or reconstruction of the structure. Review existing agreements for cost responsibility for current attachments.&lt;br /&gt;
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====643.1.5.3.2 Aesthetics====&lt;br /&gt;
In reviewing a request for a bridge attachment, how the structure is viewed by the public will be considered. For example, is the structure over a scenic stream that is extensively used by canoeists, or does the structure span a road that may provide access to a park, campgrounds, or boat launching facilities? Is the structure a grade separation where the motoring public will see the attachment before they pass under it?&lt;br /&gt;
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====643.1.5.3.3 Method of Attachment====&lt;br /&gt;
In order to maintain structural integrity of any structures the following requirements will apply for attachments.&lt;br /&gt;
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=====643.1.5.3.3.1 Welding=====&lt;br /&gt;
Welding of hardware to structural steel members (i.e., flanges, webs, stiffeners, and diaphragms) whether in tension or compression is not permitted.&lt;br /&gt;
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=====643.1.5.3.3.2 Drilling=====&lt;br /&gt;
Drilling holes in any structural steel member is not permitted. Drilling holes for anchors into any prestressed concrete member is not permitted. Although permitted, drilling holes for anchors into the underside of bridge decks must be done with caution. It is recommended all anchors be installed to miss deck reinforcing steel. Generally, drilling into decks will not be allowed where sonotubes were used (voided slab bridges). The depth of the holes should be such that breaking out of the concrete on the top side of the deck does not occur.&lt;br /&gt;
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=====643.1.5.3.3.3 Corrosion=====&lt;br /&gt;
Attachment hardware will be new, properly coated to prevent corrosion or be of a non-corrosive material, and be designed to support the facility.&lt;br /&gt;
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====643.1.5.3.4 Location====&lt;br /&gt;
In general, attachments are made on the underneath side of the bridge deck. The condition of the bridge deck will dictate the location of the attachment supports. An exception may be attachments to trusses or other overhead structures.&lt;br /&gt;
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Attachments that may require manholes in bridge decks are not allowed.&lt;br /&gt;
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When attachments are required to structures over streams that may carry large drifts, they must be attached to the downstream side of the structure and above the lowest superstructure element. It is preferred to locate the attachment on the outside of the exterior girder. If aesthetics are a concern, a better appearance can be achieved by having the attachment made to the inside of the exterior girder and above the bottom of the lower flange to hide the conduit and the attaching hardware.&lt;br /&gt;
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Placement of utilities must not prevent the removal of old paint, the application of new paint on superstructure steel, or cause debris buildup, which could cause structural deterioration.&lt;br /&gt;
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====643.1.5.3.5 Construction and Maintenance====&lt;br /&gt;
If the attachment cannot be built while maintaining one (1) lane of traffic on the structure, it will not be allowed.&lt;br /&gt;
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Construction procedures that severely impact traffic may factor into the allowable location of the attachment on the structure.&lt;br /&gt;
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When scaffolding is to be attached or supported by bridge rails, bridge superstructure, or bridge substructure, the procedures for construction of the attachment must be reviewed.&lt;br /&gt;
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The utility owner or local entity will pay for, or be responsible for, the painting of the attachment, if necessary, when the bridge requires painting.&lt;br /&gt;
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==643.1.6 Private Lines==&lt;br /&gt;
Private lines are permitted to cross the right of way of a highway in the same manner as outlined for all utility facilities in above sections of this article. Parallel installations along the right of way of a highway are not permitted. Special conditions at a specific location that make adherence to this policy impractical will be submitted to the Chief Engineer for consideration of an acceptable alternative. In certain situations, it may be necessary to obtain approval from the Federal Highway Administration (FHWA) before approval to use the alternative can be given to the private utility owner.&lt;br /&gt;
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==643.1.7 Water and Sewer Separations==&lt;br /&gt;
The Missouri Department of Natural Resources (MoDNR) Safe Drinking Water Commission via 10 CSR 60-10 and Clean Water Commission via 10 CSR 20-8 govern the design of water and sewer lines in the vicinity of one another. Basic criteria are outlined below for information, and details are contained within the regulations. MoDOT is not responsible for providing or acquiring adequate right of way for utility owners to comply with MoDNR requirements.&lt;br /&gt;
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===643.1.7.1 Water and Sewer Separations===&lt;br /&gt;
====643.1.7.1.1 Horizontal====&lt;br /&gt;
Sanitary and storm sewers are to be laid at least ten feet (10’) horizontally measured from outside edge to outside edge from any existing or proposed water main. In cases where it is not practical to maintain ten feet (10’) of separation, installation of the water main closer to the sewer is acceptable where the water main is installed in a separate trench or on an undisturbed earth shelf located on one (1) side of the sewer at an elevation so the bottom of the water main is at least eighteen inches (18”) above the top of the sewer.&lt;br /&gt;
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===643.1.7.2 Crossings===&lt;br /&gt;
Water mains are to be laid to provide a minimum vertical distance of eighteen inches (18”) vertically measured outside edge to edge from sanitary or storm sewers. This is the case whether the water main is above or below the sewer. One (1) full length of water pipe must be located so both joints will be as far from the sanitary or storm sewer line as possible. Special structural support for the water main or sanitary or sewer main may be required.&lt;br /&gt;
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===643.1.7.3 Exception===&lt;br /&gt;
When it is impossible to obtain proper horizontal and vertical separation as stipulated, the sewer will be designed and constructed equal to water pipe and will be pressure-tested to assure it is watertight prior to backfilling.&lt;br /&gt;
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===643.1.7.4 Water Supply Interconnections===&lt;br /&gt;
No physical connection is permitted between a public or private potable water supply system and any sanitary or storm sewer or appurtenance that would permit the passage of any sewage or polluted water into the water supply. No water pipe is permitted to pass through or come in contact with any part of a sanitary sewer manhole.&lt;br /&gt;
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===643.1.7.5 Water Works Structures===&lt;br /&gt;
Sewers are not permitted to be installed within fifty feet (50’) in any direction from any existing or proposed public water supply well or other water supply sources or structures.&lt;br /&gt;
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==643.1.8 Variances==&lt;br /&gt;
Occasionally, it is impractical to locate a utility facility in accordance with requirements outlined in this article. MoDOT may consider a utility owner’s request for a variance from these requirements on a case-by-case basis. The utility owner should complete a [https://epg.modot.org/forms/general_files/DE/UtilityVarianceApprovalForm.docx Utility Variance Approval Form] to be submitted to MoDOT for consideration. Variances on the Interstate System require approval of the Federal Highway Administration (FHWA). A flow chart, [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_8_VarianceApprovalProcess.pdf EPG Figure 643.1.8], of the variance process is available.&lt;br /&gt;
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A variance will not be permitted just for the convenience of the utility owner. The utility owner requesting a variance must provide all necessary information to properly evaluate if a variance should be approved. For example, a utility owner requesting a variance because “the utility corridor is full” must explore all reasonable options. It is suggested that the requestor pothole the existing utility corridor to confirm the location of existing utility facilities and provide that data to support the need to locate outside of the utility corridor due to its congestion.&lt;br /&gt;
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===643.1.8.1 Variance Process===&lt;br /&gt;
Any utility owner of a public utility facility may apply for a variance. The process for requesting a variance is as follows:&lt;br /&gt;
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====643.1.8.1.1 Submittal Requirements====&lt;br /&gt;
Utility owners submit to the district utilities staff a written request for a variance using the [https://epg.modot.org/forms/general_files/DE/UtilityVarianceApprovalForm.docx Utility Variance Approval Form]. The utility owner must clearly show the provision(s) or guideline(s) for which the variance is being requested; the condition(s) which the utility owner believes warrant(s) the granting of a variance; a thorough explanation of the reason(s) for the requested variance, including sufficient and appropriate documentation of safety, aesthetic, or constructability constraints that would be adverse to the function, access, or maintenance of the utility facility and not in the best interest of the public.&lt;br /&gt;
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====643.1.8.1.2 MoDOT Consideration of Variance Request====&lt;br /&gt;
The utility owner bears full responsibility for demonstrating to MoDOT’s satisfaction that the variance is the most appropriate way to serve the public interest. MoDOT may present to the utility owner and the utility owner must consider reasonable alternatives to the variance requested by the utility owner. In determining whether to grant a variance, district utilities staff will consider all relevant factors including, but not limited to: the requested variance is reasonably necessary for the convenience, safety, health, and/or welfare of the public; there is an exceptional or undue burden or hardship on the specific applicant; a physical impracticability that would result from the applicant’s adherence to the normal location requirements; and the requested variance will not impair the safe construction, maintenance, operation, and safety of public travel on the highway. District utilities staff may consult with the Design Liaison Engineer in evaluating variances.&lt;br /&gt;
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====643.1.8.1.3 Approval of Variances====&lt;br /&gt;
Once district utilities staff have agreed to accept a variance proposed by the utility owner, the [https://epg.modot.org/forms/general_files/DE/UtilityVarianceApprovalForm.docx Utility Variance Approval Form] and all supporting documentation is sent to the District Design Engineer (DDE) for approval. If a variance is on interstate right of way, the DDE-signed Variance Request Form and all supporting documentation is forwarded to the Design Liaison Engineer who will forward to FHWA for their concurrence.&lt;br /&gt;
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====643.1.8.1.4 Variance Appeal Informal Hearing====&lt;br /&gt;
If denied a variance, the utility owner has thirty (30) calendar days to request an informal hearing for the purpose of appealing the denial. Requests must be made in writing to the State Design Engineer, Missouri Department of Transportation, P.O. Box 270, Jefferson City, MO 65102. If the utility owner requests an informal hearing, MoDOT’s authorized representative will advise the applicant of the time, date, and place of the hearing. The hearing is not a contested case under RSMo 536. The rules of evidence will not apply at the hearing, and MoDOT’s decision after the conduct of the hearing is not subject to further appeal.&lt;br /&gt;
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==643.1.9 Excess Right of Way==&lt;br /&gt;
Prior to conveyance of excess right of way, the status of utility facilities within said parcel must be addressed. See [[236.5_Property_Management#236.5.12_Excess_Land_Conveyances_&amp;amp;_Relinquishments_–_Regulated_Utilities|EPG 236.5.12]].&lt;br /&gt;
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==643.1.10 Broadband==&lt;br /&gt;
Broadband development in the state of Missouri is handled by the Department of Economic Development (DED). MoDOT shares its approved Statewide Transportation Improvement Program (STIP) project list with DED. All MoDOT policies related to placement of utility facilities within Commission right of way as outlined in this EPG article 643.1 are to be followed.&lt;br /&gt;
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&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643.2 Utilities in Program Delivery &#039;&#039;PAGE TITLE&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt; &lt;br /&gt;
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==643.2.1 Introduction==&lt;br /&gt;
Improvements to the highway system often require negotiation between the Commission and a city, a county, or a public or private utility owner. The Commission’s district utilities staff is responsible for coordination of highway improvement projects with the utility owner’s representative. The impact to a utility, the responsibility for the cost of adjustments necessary to allow highway construction, the plan of adjustment of the utility, the responsibility of performance of work on utility facilities, and the schedule of the utility adjustment are all items that vary depending on the project and should be investigated and negotiated to ensure highway improvement projects are delivered on-time and on-budget. These should comply with Commission policy. A flowchart [link here] outlining all the utility adjustment processes (reimbursable and non-reimbursable relocations, Master Reimbursable Utility Agreements and Project Specific Agreements, etc.) are available in the list of figures at the top of the page. These processes will not always be in combination, but each should be considered with each project.&lt;br /&gt;
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The district utilities staff, in conjunction with the Transportation Project Manager (TPM), is expected to invite and encourage participation of utility owner representatives in MoDOT project meetings as needed.&lt;br /&gt;
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When a project involves utility adjustments for which the Commission is responsible for costs, the TPM should program the costs of the utility adjustments as non-contractual construction costs in the STIP Information Management System (SIMS).&lt;br /&gt;
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==643.2.2 Annual Utility Meeting==&lt;br /&gt;
Each district should hold an annual meeting with utilities to discuss current STIP projects in the district. The annual meeting should be held during each year&#039;s STIP preparations, ideally between January and May. All utility owners that have utility facilities in the district should be invited. The intent is to provide the utility owners with an idea of upcoming projects to allow them the opportunity to plan and budget for potential adjustments of their utility facilities, identify both MoDOT and utility roadblocks, and develop action plans to complete utility adjustments better, faster, and cheaper.&lt;br /&gt;
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==643.2.3 Determination of Existing Utilities==&lt;br /&gt;
District utilities staff should determine the appropriate level of effort needed to accurately identify existing utilities within the footprint of a proposed highway construction project. Aboveground utilities are easily identifiable via field checks; however, determination of the precise location of underground utilities can be more challenging and time consuming. Therefore, the district utilities staff should balance the risk of conflict with the highway construction project against the level of effort needed to determine the location.&lt;br /&gt;
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The level of effort on mapping utilities is dependent on the scope of the project and the potential for utilities having an impact on the construction of the project. The project schedule should include the time to complete this task accurately. The time and effort necessary for having accurate locates requires close interaction with the utility locators. Early contact with utility owner representatives may be necessary to accurately locate underground utility facilities.&lt;br /&gt;
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Various methods of determining existing underground utilities result in different levels of quality. ASCE Standard 38 Standard Guidance for Investigating and Documenting Existing Utilities classifies four levels of quality:&lt;br /&gt;
:1. Quality Level D: QL-D is the most basic level of information for utility locations. It comes solely from existing utility records or verbal recollections, both typically unreliable sources. It may provide an overall &amp;quot;feel&amp;quot; for the congestion of utilities but is often highly limited in terms of comprehensiveness and accuracy. QL-D is useful primarily for project planning and route selection activities.&amp;lt;br&amp;gt;&lt;br /&gt;
: Missouri 811 or “private-locate” markings are to be considered to be QL-D.&lt;br /&gt;
:2. Quality Level C: QL-C is probably the most used level of information. It involves surveying visible utility facilities (e.g., manholes, valve boxes, etc.) and correlating this information with existing utility records (QL-D information). When using this information, it is not unusual to find that many underground utilities have been either omitted or erroneously plotted. Therefore, its usefulness is primarily on rural projects where utilities are not prevalent or are not too expensive to repair or relocate.&lt;br /&gt;
:3. Quality Level B: QL-B involves the application of appropriate surface geophysical methods to determine the existence and horizontal position of virtually all utilities within the project limits. This activity is called &amp;quot;designating&amp;quot;. The information obtained in this manner is surveyed to project control. It addresses problems caused by inaccurate utility records, abandoned or unrecorded utility facilities, and lost references. The proper selection and application of surface geophysical techniques for achieving QL-B data is critical. Information provided by QL-B can enable the accomplishment of preliminary engineering goals. Decisions regarding location of storm drainage systems, footers, foundations, and other design features can be made to avoid conflicts with existing utilities. Slight adjustments in design can produce substantial cost savings by eliminating utility relocations.&lt;br /&gt;
:4. Quality Level A: QL-A, also known as &amp;quot;locating or potholing&amp;quot;, is the highest level of accuracy presently available and involves the full use of the subsurface utility engineering services. It provides information for the precise plan and profile mapping of underground utilities through the nondestructive exposure of underground utilities, and provides the type, size, condition, material, and other characteristics of underground features.&lt;br /&gt;
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For projects with scopes that have potential for utility conflicts, the minimum level of effort required is SUE Quality Level D. Locations of existing utilities are determined by requesting locates through Missouri 811, also known as the “One-Call” process. Missouri 811 locating requests should be carefully considered for the scope of work of the project. When necessary, the location of existing utilities should be established by a field survey of locate markings and features and shown on the roadway plans. Higher level SUE Quality Levels can be used on any project. Adjustment cost savings, whether to the MoDOT or to the utility owner, are beneficial to the taxpayer. Good SUE projects are typically urban in nature, or in congested areas, where the project footprint is to be minimized, or anytime accurate vertical and horizontal location of the utility facility might allow a design to avoid the utility facility thus preventing the need for the adjustment. The SUE process combines civil engineering, surveying, and geophysics. It utilizes several technologies, including vacuum excavation and surface geophysics.&lt;br /&gt;
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When proposed excavation or installation of subsurface features (drainage, equipment bases, etc.) falls within three feet (3’) of a marked Missouri 811 line, soft digging (hand digging, potholing, vacuum methods, pressurized air/water jetting, pneumatic hand tools, etc.) is required to more exactly locate the utility facility both horizontally and vertically. Utility facilities present within the right of way by permit, should be investigated by the utility owner. Utility facilities that would be reimbursable or partially reimbursable as defined in EP 643.2.8 will be investigated by MoDOT.&lt;br /&gt;
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==643.2.4 Conflict Determination==&lt;br /&gt;
Determination of whether a conflict exists between an existing utility facility and a proposed highway improvement project should occur at the earliest possible stage of project development. A conflict may be the result of the physical interaction between the roadway infrastructure and utility facility, a reduction in cover or increase in fill over underground utilities, a reduction in horizontal clearance whether above or below ground, a reduction in overhead vertical clearance, paving over utilities, or restricting a utility owner’s access to its utility facilities. District utilities staff should work with utilities to determine if a conflict exists and the appropriate plan of adjustment to remedy the conflict. The adjustment to the utility may be a relocation or another measure that protects the utility or access to the utility from the proposed highway improvement project. Determination of a conflict needs to be continually re-evaluated as the project design progresses. Continuing coordination is essential.&lt;br /&gt;
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==643.2.5 Utility Plan of Adjustment==&lt;br /&gt;
===643.2.5.1 Request for Plan of Adjustment===&lt;br /&gt;
District utilities staff will request a plan of adjustment from utility owners whose utility facilities are in conflict with a proposed highway project. The plan of adjustment may consist of efforts to relocate the utility or otherwise protect a utility from the impacts of the proposed highway project. Utilities are shown on the roadway plan and profiles sheets that are furnished to utility owners for use in planning required utility adjustments. Any other sheets such as drainage, traffic signal, lighting, or ITS plans that show impacts to a utility facility should also be provided to the utility owners. All adjustments, reimbursable or not, require a plan of adjustment furnished by the utility owner.&lt;br /&gt;
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A transmittal letter is included in the request for a plan of adjustment. The letter informs the utility owner that regardless of whether an adjustment is reimbursable, no physical adjusting or relocating of their utility facilities to accommodate the proposed highway improvement is to be performed without specific approval and authorization. Additionally, if any part of the adjustment has the potential to be reimbursable, they are advised:&lt;br /&gt;
# They may undertake preliminary engineering by their own forces upon approval by district utilities staff of the estimated costs of preliminary engineering.&lt;br /&gt;
# They may employ a consultant to do the PE work provided they request and obtain prior approval. See [[#643.2.6_Preliminary_Engineering_Requirements|EPG 643.2.6 Preliminary Engineering Requirements]].&lt;br /&gt;
# Any preliminary engineering costs accrued prior to the date of written authorization to proceed will not qualify for reimbursement.&lt;br /&gt;
# Replacement right of way or easements cannot be purchased without specific approval and authorization.&lt;br /&gt;
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===643.2.5.2 Proposed Plan of Adjustment===&lt;br /&gt;
Developing a plan of adjustment is a multi-step process. The utility owner will propose a conceptual approach to adjusting the utility facilities to allow highway construction. This conceptual approach is used as the basis for determining cost responsibility, estimate of costs for preliminary engineering and construction, developing the agreement if necessary, and final design of the adjustment. Negotiations between district utility staff and the utility owner’s representative can result in changes to the design throughout the process.&lt;br /&gt;
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Final plans of adjustment must contain a legend on the first sheet identifying the utility symbols used. They must also show the existing utility facilities and their disposition, the location of the new or adjusted utility facilities, the existing and new right of way lines, the limited or fully controlled access symbols (where applicable), the existing and proposed roadways, ramps, and outer roadways and any other pertinent roadway information. They must contain sufficient details concerning location, elevation, compaction, clean up, etc. to provide for the proper adjustment of the utility facility. Relocated and/or existing utility facilities that will remain in place must be dimensioned or indicated in a manner to show their location in respect to the right of way lines. It is preferred that the utility owner transmits the plan of adjustment by electronic deliverables in a format that can be incorporated into the roadway plans. This will reduce the time and effort necessary as well as increase the accuracy of transferring this information into the roadway plans.&lt;br /&gt;
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Plans of adjustment received from the utility owner are to be checked for compliance with MoDOT’s requirements ([[#643.1_Utilities_Location|EPG 643.1 Utility Location]]) by the district utilities staff. They are also checked to ensure compatibility with the roadway design. Any continuing conflicts are resolved through negotiations with the utility owner.&lt;br /&gt;
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Occasionally, it is impractical to perform a utility adjustment in accordance with MoDOT’s requirements. Sometimes the utility may request approval of a plan of adjustment that does not conform to these requirements. Deviation from MoDOT’s utility requirements is a variance. Refer to [[#643.1.8_Variances|643.1.8 Variance Process]] for additional guidance.&lt;br /&gt;
The final plan of adjustment is included as Exhibit “A” to the agreement ([[#643.2.12_Utility_Agreements|EPG 643.2.12 Agreements]]).&lt;br /&gt;
&lt;br /&gt;
==643.2.6 Preliminary Engineering Requirements==&lt;br /&gt;
Preliminary engineering (PE) can be performed one of four ways for utility adjustments:&lt;br /&gt;
# The utility owner can use its own engineering forces.&lt;br /&gt;
# MoDOT can select an engineering consultant, after consultation with the utility owner, and the consultant contract will be administered by MoDOT.&lt;br /&gt;
# The utility owner can select an engineering consultant, with approval by MoDOT, and the consultant contract will be administered by the utility owner.&lt;br /&gt;
# If a utility adjustment is being included in a MoDOT administered construction contract, the preliminary engineering of the adjustment can be provided by MoDOT.&lt;br /&gt;
&lt;br /&gt;
For reimbursable utility adjustments, the amount paid to engineers, architects, and others for required engineering and allied services can be included in reimbursement amount provided such amounts are not based on a percentage of the costs of the necessary adjustments to allow highway construction. Reimbursement is available for contracts executed after solicitation of a consultant for the specific adjustment or existing continuing contracts when it is demonstrated that such work is performed regularly for the utility owner in its own work and that the costs are reasonable.&lt;br /&gt;
&lt;br /&gt;
A [https://epg.modot.org/forms/general_files/DE/UtilityConsultantContractChecklist.docx checklist is available for reviewing consultant-engineering contracts] to ensure the contract conforms to MoDOT policy and complies with applicable federal regulations. District utilities staff should use the checklist to review contracts and may consult with Audits and Investigations Division as necessary. The procedures in 23 CFR part 172, Administration of Engineering and Design Related Service Contracts may be used as a guide for reviewing proposed consultant contracts. [[:LPA:136.4_Consultant_Selection_and_Consultant_Contract_Management|EPG 136.4 Consultant Selection and Consultant Contract Management]] may also be used as a guide.&lt;br /&gt;
&lt;br /&gt;
===643.2.6.1 Solicited Consultant Contracts===&lt;br /&gt;
If solicitation of PE services is required for reimbursable utility adjustments, the utility owner must provide the following documents and information to district utilities staff. These documents need to be provided as soon as the utility owner has chosen to solicit a consultant. Document 1 must be supplied by all utility owners. Documents 2 and 3 are only required when the utility owner is a local government agency who is also a political subdivision of the state of Missouri (e.g., city-owned utilities, county-owned utilities). All other utility owners are encouraged, but not required, to provide Documents 2 and 3:&lt;br /&gt;
# A statement that the utility owner is not staffed or able to perform the required PE services with its own forces.&lt;br /&gt;
# Provide the names of at least three (3) consultants considered.&lt;br /&gt;
# The criteria used to evaluate each consultant and reasons why the selected consultant was selected.&lt;br /&gt;
&lt;br /&gt;
The following documents need to be provided as soon as the utility owner has successfully negotiated and entered into a contract with the consultant:&lt;br /&gt;
# The name and address of the selected consultant.&lt;br /&gt;
# A statement that the &amp;quot;[https://epg.modot.org/forms/general_files/DE/CertificationOfConsultant.docx Certification of Consultant]&amp;quot; will be furnished immediately upon award of the contract to the consultant.&lt;br /&gt;
# One executed copy of the proposed engineering contract or agreement between the utility owner and consultant, only if the engineering will exceed $5,000.00.&lt;br /&gt;
# The consultant&#039;s fixed (lump sum) or estimated fee (actual cost) and the contract maximum.&lt;br /&gt;
# A cost summary providing a detailed breakdown of the basis for the consultant&#039;s compensation, including estimated labor hours, hourly rates for each classification, overhead rate (if used), the amount of profit charged, and any other estimated charges such as travel expenses, equipment rentals, etc. If an overhead rate is used, the consultant must also submit the supporting overhead rate calculations.&lt;br /&gt;
# An independent cost estimate of engineering services provided by the utility owner to use in comparison to the consultant’s proposed engineering services to check for cost reasonableness.&lt;br /&gt;
&lt;br /&gt;
===643.2.6.2 Continuing Consultant Contracts===&lt;br /&gt;
When a utility owner chooses to use an existing continuing contract for PE services, the utility owner must provide the following documents and information to the district utilities staff as soon as possible.&lt;br /&gt;
# A statement that the utility owner is not staffed or able to perform the engineering with its own forces.&lt;br /&gt;
# The name and address of the consultant under the existing continuing contract.&lt;br /&gt;
# A statement that the &amp;quot;[https://epg.modot.org/forms/general_files/DE/CertificationOfConsultant.docx Certification of Consultant]&amp;quot; will be furnished.&lt;br /&gt;
# A copy of the continuing contract to the district utilities staff. The district utilities staff will review the contract for reasonableness of cost.&lt;br /&gt;
# The consultant&#039;s fixed (lump sum) or estimated fee (actual cost) and the contract maximum for the work associated with the utility adjustment.&lt;br /&gt;
# A cost summary providing a detailed breakdown of the basis for the consultant&#039;s compensation, including estimated labor hours, hourly rates for each classification, overhead rate (if used), the amount of profit charged, and any other estimated charges such as travel expenses, telephone, etc. If an overhead rate is used, the consultant must also submit the supporting overhead rate calculations.&lt;br /&gt;
# An independent cost estimate of engineering services provided by the utility owner to use in comparison to the consultant’s proposed engineering services to check for cost reasonableness.&lt;br /&gt;
&lt;br /&gt;
===643.2.6.3 Consultant Contract Changes===&lt;br /&gt;
If a PE services contract between a utility owner and a consultant needs to be revised, a copy of the revised contract, fee, and schedule should be submitted by the utility owner to the district utilities staff prior to allowing for contract changes. District utilities staff should review the contract changes to ensure the revised contract conforms to MoDOT policy and complies with applicable federal regulations.&lt;br /&gt;
&lt;br /&gt;
==643.2.7 Environmental and Right of Way==&lt;br /&gt;
===643.2.7.1 Utilities and Environmental Clearances===&lt;br /&gt;
District utilities staff should coordinate with the TPM and utility owner’s representative to understand and communicate on known environmental and cultural constraints that could impact a utility owner’s plan of adjustment. This will allow the utility owner to consider permitting timelines and alternatives that avoid environmental or cultural resources to keep the project on schedule.&lt;br /&gt;
&lt;br /&gt;
One strategy to make project delivery more efficient and ensure regulatory compliance is for MoDOT to obtain the environmental and cultural resource permits and clearances for the utility owners associated with a roadway improvement while obtaining its own. This would generally only be for the permits and regulatory clearances MoDOT already needs to pursue as a part of the transportation improvement.&lt;br /&gt;
&lt;br /&gt;
District utilities staff should coordinate with the utility owner’s representative early in the project timeline to determine if it is in the best interest of both MoDOT and the utility owner to obtain permits and environmental clearances jointly. The following strategies can be utilized to determine if a joint approach to environmental work should be pursued:&lt;br /&gt;
* If utility facilities are moving to a location within or immediately adjacent to MoDOT right of way, a utility owner may be invited to participate in permitting and environmental compliance activities.&lt;br /&gt;
* If utilities move to a location not within or adjacent to MoDOT right of way, the utility company would not normally be invited to participate in permit applications and environmental compliance activities. However, some unique projects may necessitate further attention and should be discussed with the Design Liaison Engineer.&lt;br /&gt;
&lt;br /&gt;
If MoDOT and the utility owner agree to obtain joint permits and clearances, written communication between the utility owner’s representative and the district utilities staff should document the following items:&lt;br /&gt;
* List of the permits and clearances that MoDOT will acquire on behalf of the utility owner.&lt;br /&gt;
* List of the information needed from the utility owner in order for MoDOT to acquire the permits and clearances.&lt;br /&gt;
* Schedule and deadlines for submittal of the information by the utility owner. For example: utility plans, fill quantities, construction methods, dates, or seasons of construction.&lt;br /&gt;
&lt;br /&gt;
Permits and clearances that may be needed by both a utility owner and MoDOT include:&lt;br /&gt;
* [[127.7_Threatened_and_Endangered_Species|Endangered Species Act consultation and clearance]]&lt;br /&gt;
* [[127.2_Historic_Preservation_and_Cultural_Resources#127.2.1.1_Historic_Preservation_Regulations_and_Laws|Section 106 of the National Historic Preservation Act clearance]]&lt;br /&gt;
* [[127.10_Section_4(f)_Public_Lands|Section 4(f) clearance]]&lt;br /&gt;
* [[127.10_Section_4(f)_Public_Lands#127.10.1.4_Section_6(f)_Laws_and_Regulations|Section 6(f) of the Land and Water Conservation Fund Act clearance]]&lt;br /&gt;
* [[127.4_Wetlands_and_Streams|Section 401 and Section 404 of the Clean Water Act permits]]&lt;br /&gt;
* [[:Category:806_Pollution,_Erosion_and_Sediment_Control#806.1_Introduction_(see_Sec._806)|Section 402 of the Clean Water Act permit (State Operating Permit for Erosion Control)]]&lt;br /&gt;
* [[127.8_Hazardous_and_Solid_Waste|Recommendations on contaminated soil disposition]]&lt;br /&gt;
&lt;br /&gt;
===643.2.7.2 Right of Way Acquisition and Utilities===&lt;br /&gt;
The Commission is obligated to acquire the width of right of way required by the design of the highway improvement. For utility facilities currently located within the Commission’s right of way, this includes the necessary space for the utility facilities impacted by the design of the highway improvement. Either additional right of way width to accommodate a utility corridor or a utility easement can be obtained for the relocation of utility facilities. When drainage easements are acquired along a channel, additional space for utility facilities should be considered to avoid conflicts between the utility facility and the bridge or culvert.&lt;br /&gt;
&lt;br /&gt;
District utilities staff should inform the utility owner’s representative of the potential of a conflict between an existing utility facility and a proposed highway construction project early in the project development process to allow sufficient time for the utility owner to prepare a plan of adjustment and notify the district utilities staff of any easement needs. When utility facilities are located on a utility owner’s private easement, the utility owner may obtain its own new easements. If the utility owner is not in a position to negotiate for new easements or if the utility owner’s policies will not permit it to condemn property to obtain the easement, MoDOT can acquire the easement in the same manner roadway right of way is obtained. The district utilities staff should verify the utility owner is aware of the opportunity to have MoDOT acquire the easement, and the utility owner should provide written documentation on whether the utility owner would like to pursue this option with MoDOT.&lt;br /&gt;
&lt;br /&gt;
For situations where the utility owner will obtain its own replacement right of way and the cost of the adjustment is MoDOT’s responsibility, the utility right of way cost should be reviewed by the district right of way department to ensure the cost is reasonable and acquisition followed state and federal regulations. In order to expedite utility adjustments necessary to allow highway construction, the district utility staff may authorize the utility owner to obtain easements prior to all details of a plan of adjustment being developed. In this situation, the district utilities staff should ensure enough details are known to justify the needed right of way, and an agreement for right of way costs only should be executed with the utility owner.&lt;br /&gt;
&lt;br /&gt;
For situations where MoDOT will obtain the right of way necessary to allow highway construction, district utility staff should negotiate with the utility owner’s representative to ensure all necessary utility easements are shown on the approved right of way plans. The TPM should confirm with district utilities staff that the right of way plans accurately reflect the needs of the utility owners prior to requesting right of way plan approval. The district Right of Way Manager should confirm with district utilities staff before requesting an acquisition date (A-date). Every effort should be made to avoid adding utility easement requests once negotiations with property owners have begun.&lt;br /&gt;
&lt;br /&gt;
Occasionally, when negotiations cannot be completed for easements for the adjustment of utility facilities, it may be necessary to condemn for the property. District utilities staff should coordinate with the utility owner’s representative to ensure no alternate design for the adjustment of the utility facility is practical. The decision to condemn for easements for the adjustment of the utility facilities requires the exercise of good judgment in reaching the conclusion that further good faith negotiations are futile and condemnation is necessary to maintain the project in the scheduled letting. The TPM should coordinate with the district utilities staff and district Right of Way (RW) personnel on the condemnation proceedings.&lt;br /&gt;
&lt;br /&gt;
Easement and other right of way documents used with utility owners are handled in accordance with procedures established jointly with RW and district utilities staff. District survey staff prepare the land descriptions for use in utility easements. The district utilities staff is responsible for completion of the easements in the correct form and scope. A sketch delineating the area described is attached to the easement as Exhibit “A”. Communication with the Design Division will ensure use of proper forms, corporate names and locations, and particular wording required for joint ownerships. The description for a utility easement is to be referenced to the nearest land corner shown on the plans. Examples of easements can be found in the template list in [https://netprod3.dot.missouri/eAgreements/Search/QuickSearch eAgreements].&lt;br /&gt;
&lt;br /&gt;
In situations where MoDOT is acquiring right of way with existing utility easements, but the district utilities staff and the utility owner’s representative agree that the utility facility may remain in place, the utility owner will release the property to the Commission separate from the right of way acquisition. This is done by executing an Easement for Highway Construction (UT16). The utility owner grants and conveys, with warranty of title expressed or implied, to the Commission, the right to construct, reconstruct, and maintain a highway over and across that portion of the easement owned and held by the utility owner. In the future, the utility owner retains any reimbursable rights should future projects require adjustments to allow highway construction.&lt;br /&gt;
&lt;br /&gt;
==643.2.8 Cost Responsibility==&lt;br /&gt;
In addition to determining if a conflict exists between an existing utility facility and a highway improvement project, it is important to determine who is responsible for the costs of the necessary adjustments to allow highway construction. An adjustment for which the Commission is responsible for the costs is known as a reimbursable adjustment. An adjustment for which the Commission is not responsible for the costs is known as a non-reimbursable adjustment. An adjustment for which the Commission and the utility share responsibility for costs is known as a partially reimbursable adjustment. Adjustments determined to be reimbursable or partially reimbursable by the Commission are to be completed under the terms of an agreement executed between the utility owner and the Commission.&lt;br /&gt;
&lt;br /&gt;
===643.2.8.1 Commission Responsibility===&lt;br /&gt;
====643.2.8.1.1 Utility Facilities Located on Private Easements====&lt;br /&gt;
When the utility facility is located on a private easement within the new right of way to be acquired for a future project, the Commission is responsible for the cost of the necessary adjustments to allow highway construction. It may be possible that such easement does not have written easement rights. The Commission will honor this oral right provided acceptable documentation is provided by the utility owner to the district utilities staff. An [https://epg.modot.org/forms/general_files/DE/NonwrittenEasementRights_Example.docx example of acceptable documentation for not written easement rights] is available. Other forms of documentation will be considered on an individual basis.&lt;br /&gt;
&lt;br /&gt;
=====643.2.8.1.1.1 Future Moves=====&lt;br /&gt;
When the utility facility is located on a private easement, taken into the Commission’s right of way, the Commission may agree that any future moves of the same utility by Commission order may be made at the Commission’s cost. Documentation of this agreement is by an Easement for Highway Construction (UT16) agreement. If the Commission provides a substitute private easement, then the Commission will have future obligations consistent with the utility facility’s status in an easement.&lt;br /&gt;
&lt;br /&gt;
====643.2.8.1.2 Utility Facilities Located within Commission Right of Way====&lt;br /&gt;
When the utility facility is located within Commission right of way, but has prior land rights, the Commission is responsible for the cost of adjustments to allow highway construction. The utility owner is responsible for documenting to the satisfaction of the district utilities staff, the basis for the claim of prior land rights within Commission right of way. Time spent researching prior rights is considered coordination and is reimbursable.&lt;br /&gt;
&lt;br /&gt;
====643.2.8.1.3 City or County Utility Facilities on City or County Streets====&lt;br /&gt;
When roadway improvements are within the corporate limits of cities, towns, and villages, a municipal agreement is negotiated between the Commission and the municipality. Likewise, when roadway improvements are within the limits of a county and outside the municipal limits, a county agreement is negotiated between the Commission and the County Commission. Included in these agreements are provisions regarding reimbursement for adjusting city or county owned utility facilities. Reimbursement is provided for adjustment of city or county owned utility facilities that are now located on city or county streets and not on Commission right of way.&lt;br /&gt;
&lt;br /&gt;
====643.2.8.1.4 Lumen====&lt;br /&gt;
Lumen – National (formerly CenturyLink, Lightcore, or Digital Telephone, Inc. (DTI)) and the Commission have entered into a partnership agreement, “Amended and Restated Fiber Optic Cable on Freeways in Missouri,” executed June 5, 2003 which obligates the Commission to be responsible for the cost of the necessary adjustments to allow highway construction along the routes identified in the agreement. A copy of the agreement is available to district utilities staff.&lt;br /&gt;
&lt;br /&gt;
====643.2.8.1.5 Services to the Commission====&lt;br /&gt;
When a utility facility provides a service connection to local Commission facilities such as power to traffic signals, lighting, ITS, and cathodic protection and phone drops to traffic signal controllers or other Commission facilities, the Commission is responsible for the cost of the necessary adjustments to allow highway construction.&lt;br /&gt;
&lt;br /&gt;
====643.2.8.1.6 Private Service Lines====&lt;br /&gt;
While most utility owners reconnect the private service lines at no cost to the property owner, some do not. If a utility owner does not reconnect service lines, MoDOT can include adjustment of private service lines in roadway contracts. Bid items for relocating service connections are provided for the different types of anticipated adjustments.&lt;br /&gt;
&lt;br /&gt;
====643.2.8.1.7 Second Moves====&lt;br /&gt;
If the Commission requires additional work to a utility facility after the facility has been relocated or adjusted in accordance with a plan of adjustment approved by the Commission for a single project number, the Commission is responsible for the cost of the additional work regardless of whether the initial adjustment was Commission responsibility as outlined in other parts of [[643.2_Local_Utility_Adjustments_-_Public_and_Private#643.2.8.1_Federalizing_Funds_for_Preliminary_Engineering|643.2.8.1]].&lt;br /&gt;
&lt;br /&gt;
The purpose of the policy is to encourage utilities to relocate early rather than waiting until plans are published for bidding. The policy eliminates the utility having to relocate twice at its own expense because of late changes in the design. It is best to have utilities relocated prior to construction, and this policy helps achieve that goal. Therefore, it is imperative that the designer notifies district utilities staff as soon as possible of any changes made after these plans have been sent. If notified immediately, it may be possible to inform the utility owner prior to their final design thereby eliminating a second move.&lt;br /&gt;
&lt;br /&gt;
Under this policy, the following are not considered second moves. Temporary and staged relocations necessary to accommodate construction and agreed upon by the utility and the Commission prior to relocation are considered a single move and are not subject to the provisions of the second move policy. If the Commission requires adjustment of a utility facility for which the utility owner is responsible for the cost of the adjustment and was originally determined to not need adjustment, the utility owner is responsible for the cost of the adjustment. The utility owner is responsible for the cost of additional work to any portion of the utility facility after the utility facility has been adjusted in accordance with a plan of adjustment approved by the Commission if the additional work is required by the Commission due to error by the utility owner in preparation of plan of adjustment, field location of, or construction of the adjustment of the utility facility.&lt;br /&gt;
&lt;br /&gt;
When evaluating construction contract changes by change order or value engineering, the impacts of the second move policy should be considered.&lt;br /&gt;
&lt;br /&gt;
===643.2.8.2 Utility Owner Responsibility===&lt;br /&gt;
====643.2.8.2.1 Utility Facilities Owned and Operated by a Political Subdivision====&lt;br /&gt;
When a utility facility is located within Commission right of way, but does not have prior land rights, the utility owner is responsible for the cost of the necessary adjustments to allow highway construction. When a utility facility is located on public right of way other than Commission right of way, the utility owner is responsible for the cost of the necessary adjustments to allow highway construction.&lt;br /&gt;
&lt;br /&gt;
When a political subdivision must bear part or all the cost of adjustments to their utility facilities, and the cost creates a financial hardship, the Commission, by its authorized representative, the Chief Engineer, may temporarily assume these costs. A payback agreement with the political subdivision will include an applicable interest rate for a comparable maturity from a widely published index of tax-exempt municipal rates obtained from Financial Services. Payback time will not exceed five (5) years.&lt;br /&gt;
&lt;br /&gt;
====643.2.8.2.2 Utility Facilities Other Than Those Owned by a Political Subdivision====&lt;br /&gt;
When a utility facility is on the right of way of a public road or street or on state highway right of way without prior land rights and adjustment is necessary to allow for the construction of a roadway improvement, the utility owner is responsible for the cost of the necessary adjustments to allow highway construction.&lt;br /&gt;
&lt;br /&gt;
===643.2.8.3 Shared Responsibility===&lt;br /&gt;
When a utility facility is located such that portions of it are a Commission responsibility and portions of it are a utility owner responsibility by the definitions above, the costs of the necessary adjustments to allow highway construction will be split by the Commission and the utility owner. If the exact cost for each party can be determined, each party will be responsible for their portion of the cost of relocating the utility facility. If the exact cost for each party cannot be determined, the parties will arrive at a percentage reimbursement on an equitable basis.&lt;br /&gt;
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===643.2.8.4 Notice of Hearing===&lt;br /&gt;
When relocation or other difficulties with utility facilities on public right of way arise that prevent resolution by negotiation, formal hearings will be required.&lt;br /&gt;
&lt;br /&gt;
The district initiates a request for a utility relocation hearing with a letter to the Chief Counsel’s Office (CCO) (a copy is provided to the Design Division) requesting a hearing date. CCO will arrange for a hearing room, court reporter, etc. and advise the district of the hearing date.&lt;br /&gt;
&lt;br /&gt;
The district will prepare the notice of hearing by strictly following the given format and serve the notice on all persons and utility owners listed. The property and utility owner must be served only by personal service or by mailing a certified letter, return receipt requested, no later than 15 days before the date of hearing. This will require the district to make every effort to identify the correct property owner before preparing the notice of hearing. To avoid delays, every attempt will be made to issue the hearing notice at least 30 days prior to the hearing date in case any property has changed ownership and any additional property owners must be served. A notice of hearing on service line connections will also be served on the private or public owner of the main or distribution line to which the service lines are connected. A notarized &amp;quot;[https://epg.modot.org/forms/general_files/DE/ReportOnPersonalService.docx Report of Personal Service]&amp;quot; will be completed when notification by certified mail is not used.&lt;br /&gt;
&lt;br /&gt;
One copy of the hearing notice and attachments, &amp;quot;[https://epg.modot.org/forms/general_files/DE/ReportOnPersonalService.docx Report of Personal Service]&amp;quot; and certified mail notices are to be submitted to CCO after notification is complete.&lt;br /&gt;
&lt;br /&gt;
Prior to the hearing, the district&#039;s representative will become familiar with the details of the utility adjustment in order to provide concise testimony to expedite the hearing process. CCO will assign an attorney to work with the district and present the case.&lt;br /&gt;
&lt;br /&gt;
Refer to 7 CSR 10-3.030 020 Utility Relocation Hearings for additional information.&lt;br /&gt;
&lt;br /&gt;
A Waiver of Hearing should be obtained for non-reimbursable adjustments to document the commitment of the utility owner to adjust its utility facilities without adversely impacting the highway construction project. This may be accomplished informally via written communications between the district utilities staff and the utility owner’s representative. A [https://epg.modot.org/forms/general_files/DE/WaiverOfHearingForm.docx formal Waiver of Hearing statement] may be requested by either MoDOT or the utility owner. A [https://epg.modot.org/forms/general_files/DE/WaiverOfHearingLetter.docx sample transmittal letter for the Waiver of Hearing] is available. For reimbursable or partially reimbursable adjustments, the formal agreement serves as the basis of documentation of this commitment.&lt;br /&gt;
&lt;br /&gt;
==643.2.9 Estimates==&lt;br /&gt;
District utilities staff will negotiate with utility owners to determine reimbursable costs of the necessary adjustments to allow highway construction ([[#643.2.8_Cost_Responsibility|EPG 643.2.8 Cost Responsibility]]). These estimates are prepared in accordance with the provisions of 23 CFR 645 and any amendment thereto. These estimates must reflect the same procedures and costs used by the utility owners in their normal operations and must also accurately represent the expected costs of the work. The utility owner’s estimate will be reviewed by the district utilities staff to ensure compliance with 23 CFR 645.&lt;br /&gt;
&lt;br /&gt;
===643.2.9.1 Independent Cost Estimate===&lt;br /&gt;
The independent cost estimate provides the basis for district utilities staff to review the utility owner’s estimate of costs of the necessary utility adjustments to allow highway construction and any subsequent negotiations with the utility owner. The district utilities staff should prepare an independent cost estimate. The independent cost estimate may be based on unit prices of anticipated items of work in a utility adjustment necessary to allow highway construction. The independent cost estimate alternately may be based on recent similar types of utility adjustments necessary to allow highway construction and scaled for size. Consultants can be used to develop the independent cost estimate. All documentation of the independent cost estimate should be placed in MoProjects.&lt;br /&gt;
&lt;br /&gt;
===643.2.9.2 Type of Project Cost Estimates===&lt;br /&gt;
Either Actual Cost or Lump Sum estimates may be used for estimating the costs on the necessary utility adjustments to allow highway construction. If an Actual Cost estimate is used, detailed records of materials, labor, and equipment are made by district utilities and/or construction staff during construction, and a final audit of the utility owner’s cost records is made to determine the Commission’s actual responsibility for costs of the adjustment completed to allow highway construction. If a Lump Sum estimate is used, a final audit of costs for an adjustment in payment is not required. The Actual Cost method requires more detailed record keeping and documentation by the utility owner and district staff during construction. The Lump Sum method requires more upfront detail and work by the utility owner and judgment on the district utilities staff on the acceptability of the cost. The district utilities staff will work with the utility owner’s representative to determine the best type of estimate and therefore agreement to use.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.2.1 Actual Cost Estimate====&lt;br /&gt;
The cost estimate that supports the actual cost agreement is prepared in sufficient detail to determine the reasonable expected cost of the work to support development of an agreement between the utility owner and the Commission. However, reimbursement is based on the actual costs of design and construction of the necessary adjustment to allow highway construction. The [https://epg.modot.org/forms/general_files/DE/ActualCostCostEstimate_Example.docx actual cost estimate] should detail all costs of the necessary adjustment to allow highway construction, even if the Commission is only responsible for a portion of the costs as detailed in EPG [[#643.2.8.3_Shared_Responsibility|643.2.8.3 Shared Responsibility]].&lt;br /&gt;
&lt;br /&gt;
[https://epg.modot.org/forms/general_files/DE/ActualCostCostEstimate_Example.docx Actual cost estimates] can be used for any dollar amount of reimbursement.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.2.2 Lump Sum Estimates====&lt;br /&gt;
The cost estimate that supports the lump sum agreement must be accurate, comprehensive, verifiable, and in sufficient detail to present a clear picture of the work involved and the cost of the individual items. The estimate may cover only that portion of the adjustment for which the Commission is responsible for the costs of the necessary utility adjustments to allow highway construction.&lt;br /&gt;
[https://epg.modot.org/forms/general_files/DE/LumpSumCostEstimate_Example.docx Lump sum estimates] are limited to a maximum of $200,000 of Commission responsibility of costs of the necessary utility adjustments to allow highway construction; however, exceptions may be made for special situations that have prior approval from Design Division. These exceptions usually cover major relocations for which the Commission&#039;s proportionate responsibility is extremely small.&lt;br /&gt;
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===643.2.9.3 Utility Cost Estimate Requirements===&lt;br /&gt;
Whether using an Actual Cost or Lump Sum estimate, the following should be included in the estimate, if applicable. If any of the following sections are not included in the estimate, a qualifying statement as to why the costs were not included should be provided.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.1 Scope of Work====&lt;br /&gt;
All estimates require a concise summary of the work to be performed on the estimate. An example is &amp;quot;an estimate of cost covering the work of relocating Company&#039;s 12-inch Cushing-Woodriver pipeline to accommodate construction of Route 47 in Franklin County on Job No. J6P0172&amp;quot;.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.2 Engineering Costs====&lt;br /&gt;
Costs of engineering, whether preliminary or construction, must be shown as separate items and are not to be included with &amp;quot;labor costs&amp;quot;. Concurrent cost accounting procedures of FHWA and MoDOT make this a necessity. See [[#643.2.6_Preliminary_Engineering_Requirements|EPG 643.2.6 Preliminary Engineering]] and [[#643.2.16.2_Construction_Contract_Requirements|EPG 643.2.16.2 Construction Contract Requirements]] for further information.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.3 Right of Way Costs====&lt;br /&gt;
A detailed estimate of the cost to acquire replacement easements by the utility owner is required. The cost should be supported by a right of way plan.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.4 Material Costs====&lt;br /&gt;
Quantities, description of the item, the unit cost, and the extended totals are shown. Percentage computations will be shown immediately following &amp;quot;total cost&amp;quot; so the utility owner’s and Commission&#039;s cost obligations are properly indicated. Unit assembly costs similar to those used by several of the rural electric association (R.E.A.) cooperatives are acceptable, provided the same units and charges are used in the utility owner’s regular operations. A handling charge conforming with the utility owner’s regular procedures may also be included.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.5 Labor Costs====&lt;br /&gt;
Hours, individual or crew rates, and extended totals are shown. Payroll additives such as insurance, retirement, social security, vacation, and other benefits are shown as a separate item under this heading in accordance with utility owner’s regular procedures. Adequate explanation must be given for total percentage used, especially in those cases where materials and labor are combined as unit costs or where labor percentages include additives and equipment requirements.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.6 Equipment Costs====&lt;br /&gt;
A description of the equipment to be used must be shown jointly with the number of hours to be charged. Rates charged for equipment usage must be justified by the utility owner’s established accounting procedures. When the utility owner does not have an established accounting procedure or a capitalization and depreciation schedule that is used in its own operations, the rates are to be established by using rental rate publications as a guide. A reasonable amount will be deducted, when using rental rate schedules, for profit that the rental company realizes. A full explanation of the methods used in establishing the rates must also be submitted to support the utility owner’s request and with approval of the district utilities staff.&lt;br /&gt;
&lt;br /&gt;
Equipment may be rented when the utility owner’s equipment is not available or is inadequate, with the rental rate justified by appropriate solicitation of bids. See [[#643.2.16.2_Construction_Contract_Requirements|EPG 643.16.2 Construction Contract Requirements]] for further information.&lt;br /&gt;
&lt;br /&gt;
Unusual accounting procedures may be accepted with adequate prior explanations and approval of the Design Division.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.7 Removal Costs====&lt;br /&gt;
These costs are estimated and shown in a similar method but separately from installation costs. When removal costs exceed salvage credits by more than the estimated cost of removal by the roadway contractor, an effort should be made to persuade the utility owner to abandon the utility facilities in place. An exception is made when the utility owner is required to remove abandoned utility facilities because of liability, hazard, or by specific agreement with the Commission. Abandoned utility facilities can be included with the miscellaneous removals in the roadway contract. It may be possible for the utility owner to remove those portions of the utility facility for which credits will exceed removal costs, with the remainder of the utility facility to be abandoned for removal in the roadway contract. Materials removed must be itemized, with the utility owner’s customary salvage credit given. Items to be scrapped or junked should be indicated. Whenever a utility facility or portion thereof is shown to be abandoned on the plan of adjustment, the roadway plans should be notated accordingly. This eliminates ownership problems if these utility facilities are removed or salvaged by the roadway contractor.&lt;br /&gt;
&lt;br /&gt;
When the utility facility is no longer needed and removal is necessary to accommodate the roadway project, the removal of the item may be handled either as a right-of way-item or a utility adjustment. When handled as a right of way item, the damages allowed are to equal the depreciated value of the utility facility, with the necessary removals being accomplished by the roadway contractor. If accomplished as a utility adjustment, the Commission, by utility agreement, will reimburse the utility owner for removal costs and receive salvage credit for the material removed, up to but not exceeding removal costs.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.8 Salvage of Removed Materials====&lt;br /&gt;
This statement, to explain the salvage credit or lack of credit, will reflect routine utility owner policy as well as the particular situation. The utility owner will place a value on any recovered material for salvage. District utilities staff should check this value for reasonableness. Examples of salvage statements include:&lt;br /&gt;
* Existing utility facilities to be abandoned in place, since the cost of salvaging, based on our past experience, will exceed their value.&lt;br /&gt;
* Only those items will be salvaged for which salvage credit will exceed the cost of removal and salvage.&lt;br /&gt;
* Company liability requires removal of the retired utility facilities, even though the cost of removal will exceed allowable credit for salvage.&lt;br /&gt;
* Salvage credits are in accordance with established company accounting procedures.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.9 Accrued Depreciation Credits====&lt;br /&gt;
Credit is required for the accrued depreciation of a utility facility that is being replaced. Examples are a building, structure, pumping station, filtration plant, power plant, substation, or other similar operational unit. Credit for accrued depreciation will not be required for a segment of the utility&#039;s service, distribution, or transmission lines. It is also not required when the building or structure is being moved as necessitated by the highway project. Acceptable accrued depreciation credit will be determined by using the following formula:&lt;br /&gt;
:&amp;lt;math&amp;gt;\frac{Actual \; Length \; of \; Service \; of \; Replaced \; Facility \; (Years)}{Total \; Estimated \;  Service \; Life \; of \; Replaced \; Facility \; (Years)} \times Original \; Cost \; (\$) = Credit&amp;lt;/math&amp;gt;&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.10 Betterment Credits====&lt;br /&gt;
Betterment means the upgrading of the utility facility being relocated, made solely for the benefit of and at the election of the utility owner and is not attributable to the roadway improvement. Credit to the Commission is required for the additional costs incurred for the betterments introduced in the adjusted utility facility. No betterment credit is required for additions or improvements which are:&lt;br /&gt;
* Required by the highway project&lt;br /&gt;
* Replacement devices or materials that are of equivalent standards although not identical&lt;br /&gt;
* Replacement of devices or materials no longer regularly manufactured with next highest grade or size&lt;br /&gt;
* Required by law under governmental and appropriate regulatory commission code&lt;br /&gt;
* Required by current design practices regularly followed by the utility owner in its own work, and there is a direct benefit to the highway project&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.11 Overhead Costs====&lt;br /&gt;
Overhead costs are usually a percentage of the total labor cost. This item must be in accordance with the utility owner’s established accounting procedures, which in some cases may include handling costs or be a percentage of the total cost of the work involved. Additional attention to overhead costs is required when the rate is different from previously accepted rates. Occasionally, it can be difficult to obtain the necessary information at the time of the estimate to approve the overhead rates. In this situation, the estimate can be approved with exception of the overhead rates for payment. The utility owner is informed of this matter with the understanding that the overhead rates could be approved and paid with submission of appropriate supporting data and Financial Services audit review.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.12 Prorating Costs====&lt;br /&gt;
The need for prorating utility adjustment costs occurs when both the Commission and the utility owner are responsible for a portion of the utility adjustment necessary to allow for highway construction, and the actual costs for reimbursement in each category cannot be explicitly determined. Generally, the following conditions require division of costs:&lt;br /&gt;
* The adjustment is considered partially reimbursable per [[#643.2.8.3_Shared_Responsibility|EPG 643.2.8.3 Shared Responsibility]]&lt;br /&gt;
* Betterments are included in the necessary adjustment of the utility facility&lt;br /&gt;
&lt;br /&gt;
The district utilities staff should negotiate with the utility owner’s representative to determine an equitable basis for the prorating of costs based on the characteristics of the utility adjustment necessary to allow for highway construction.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.13 Costs Records====&lt;br /&gt;
The estimate should include a statement as to where the utility owner’s cost records may be reviewed. An example: &amp;quot;Company cost records will be available in our office at 2134 Industrial Avenue, Tulsa, Oklahoma&amp;quot;.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.14 Other====&lt;br /&gt;
Additional statements will explain or further clarify the work that is included. Such other items may include bypasses, special equipment, need for larger utility facilities, etc.&lt;br /&gt;
&lt;br /&gt;
==643.2.10 Schedule==&lt;br /&gt;
Timely adjustments of utility facilities are essential for efficient completion of highway construction projects. Ideally, all utility adjustments are completed prior to a project’s Plans, Specifications, and Estimate (PS&amp;amp;E) submittal to Central Office. Depending on the specifics of the highway construction and utility adjustment necessary, early completion of the utility adjustment may not be practical. The district utilities staff should negotiate with the utility owner to determine the schedule parameters necessary for the utility adjustment. At a minimum, the utility owner should document the dates it anticipates starting and completing the work. If a utility adjustment depends upon the completion of a portion of the highway construction, the necessary milestone for starting the utility adjustment should be documented along with an anticipated number of working days to complete the utility adjustment. The schedule is included as Exhibit “C” to the agreement.&lt;br /&gt;
&lt;br /&gt;
==643.2.11 Pre-Audits==&lt;br /&gt;
The district utility staff performs a pre-audit review and approval prior to preparation of the agreement. A [https://epg.modot.org/forms/general_files/DE/PreAuditChecklist.docx pre-audit checklist] should be completed and saved in MoProjects.&lt;br /&gt;
&lt;br /&gt;
==643.2.12 Utility Agreements==&lt;br /&gt;
Whenever the Commission is responsible for the cost of the necessary adjustments to allow highway construction, an agreement is required. If a Master Reimbursable Utility Agreement (see [[#643.2.12.2_Master_Reimbursable_Utility_Agreements|EPG 643.2.12.2]]) has not been executed with the utility owner, a Project Specific Agreement (see [[#643.2.12.3_Project_Specific_Agreements|EPG 643.2.12.3]]) is executed between the utility owner and the Commission. In some cases, it may be more practical for the Commission to include adjustment of utilities into a Commission administered contract. A Utility Agreement - Actual Cost (For Utility Work That is to be Included in the Missouri Highways and Transportation Commission&#039;s Road Project) (see [[#643.2.12.4_Agreement_for_Utility_Work_Included_in_Roadway_Improvement_Project|EPG 643.2.12.4]]). Agreements include a plan of adjustment (Exhibit “A”), cost estimate (Exhibit “B”), and schedule (Exhibit “C”).&lt;br /&gt;
&lt;br /&gt;
The Utility Agreement boilerplate forms have been approved by the Chief Counsel’s Office (CCO). They are identified in the upper left-hand corner of each agreement by an identifier such as CCO Form: UT01 for the Master Reimbursable Utility Agreement. CCO updates these agreements as necessary. They serve as a guide in the preparation of the agreement to be executed with the utility owner for the adjustments required to their utility facilities to accommodate the proposed roadway improvement project. District utilities staff should use the latest version of the agreement found in [https://netprod3.dot.missouri/eAgreements/Search/QuickSearch eAgreements] in drafting an agreement with utility owners. A list of utility agreements and detailed information concerning the sequence for preparing and executing an agreement is available in EPG [[:Category:153_Agreements_and_Contracts|153 Agreements and Contracts]].&lt;br /&gt;
&lt;br /&gt;
These forms are to be used word for word. Revisions or additions are only made to address specific project details. The intent of each paragraph must be retained, although specific words may be revised to fit the particular situation. No paragraphs are deleted without prior approval from CCO. For guidance on acceptance of liability, refer to the [[:Category:153_Agreements_and_Contracts#153.1.1.2_Acceptance_of_Liability_Policy_(MoDOT_Access_Only)|Acceptance of Liability Policy]] at the CCO SharePoint page. Drafts of agreements having major revisions or complications are to be submitted, with supporting data, to Design Division for comment and approval.&lt;br /&gt;
&lt;br /&gt;
A reference to 23 CFR 645 is included in all agreements. Utility owners must be acquainted with these requirements and procedures. The incorporation of 23 CFR 645 by reference in all agreements eliminates the need for a second set of regulations to be included in the document.&lt;br /&gt;
&lt;br /&gt;
The agreement for the adjustment of a utility is prepared by the district utilities staff and submitted to the utility owner for execution. The agreement is based on the plan, estimate of cost which was prepared in accordance with 23 CFR 645, and schedule. Authorized individuals representing the utility owner will execute the agreement. The agreement must be signed, sealed, and if necessary, notarized by the utility owner. If the utility owner does not have or use a corporate seal, write &amp;quot;NO SEAL&amp;quot; under the signatures of the owner’s officers. Agreements with political subdivisions are to be supported by an appropriate ordinance, a copy of which is to be submitted with the executed agreements. All copies will be forwarded to the CCO for further handling. A fully executed copy of the agreement will be retained in eAgreements. If the agreement was executed using electronic signatures, the district utilities staff should forward an electronic copy of the fully executed agreement to the utility owner. If the agreement was executed using wet signatures, one (1) paper copy of the fully executed agreement will be returned by the Commission Secretary’s Office to the district utilities staff. The district utilities staff will forward this copy to the utility owner.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.1 Buy America Build America Requirements===&lt;br /&gt;
All agreements contain information on Buy America Build America (BABA) compliance. The utility owner should select the method of certification (See [[#643.2.19_Buy_America_Build_America_for_Utilities|EPG 643.2.19]]) at the time of agreement completion. The appropriate paragraph will be inserted into the agreement. All BABA compliance documents must be retained by the utility owner and made available upon request at no cost to the Commission and/or FHWA.&lt;br /&gt;
&lt;br /&gt;
====643.2.12.1.1 Utility Owner Self-Certification====&lt;br /&gt;
The City/Company certifies that when determining products/materials subject to Buy America Build America requirements to use in the performance of this Agreement, it shall use only such products/materials for which it has received a certification from its supplier, or provider of construction services that procures the product/material, certifying compliance with Buy America Build America requirements. This does not include products/materials for which waivers have been granted pursuant to 23 CFR 635.410. The City/Company will not be required to provide the Commission copies of the supplier certification as part of this Agreement or with the final invoice of said Commission’s Federal-Aid Highway Construction Project.&lt;br /&gt;
&lt;br /&gt;
====643.2.12.1.2 Vendor/Manufacturer Certification====&lt;br /&gt;
The City/Company certifies that when determining products/materials subject to Buy America Build America requirements to use in the performance of this Agreement, it shall use only such products/materials for which it has received a certification from its supplier, or provider of construction services that procures the product/material, certifying compliance with Buy America Build America requirements. This does not include products/materials for which waivers have been granted pursuant to 23 CFR 635.410. The City/Company shall provide to the Commission all Buy America compliance documents as outlined in the Commission’s Engineering Policy Guide 643. All required compliance documents shall accompany the final invoice submitted to the Commission.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.2 Master Reimbursable Utility Agreements===&lt;br /&gt;
The UT01: Master Reimbursable Utility Agreement (MRUA) is a statewide agreement that has been executed by the utility owner and the Commission for all future reimbursable utility adjustments between both parties. Once a MRUA is executed, no other utility agreements are required on design-bid-build projects. The district utilities staff should encourage utility owners to enter into a MRUA with the Commission to reduce potential future delays in executing a project specific agreement. A list of previously executed [https://modotgov.sharepoint.com/sites/DE/Utilities/Agreements/MRUA%20-%20Existing?csf=1&amp;amp;web=1&amp;amp;e=4LJHoa Master Reimbursable Utility Agreements (Modot Access Only)] is available. District utilities staff should add newly executed agreements to this list. The MRUA can be employed as either an actual cost ([[#643.2.12.3.1_Actual_Cost_Agreements|EPG 643.2.12.3.1]]) or lump sum ([[#643.2.12.3.2_Lump_Sum_Agreements|EPG 643.2.12.3.2]]) agreement. When the reimbursable adjustment will utilize a MRUA, the district utilities staff will prepare a MRUA correspondence letter (“letter agreement”) referencing the executed MRUA. A copy of the MRUA correspondence letter should be saved in MoProjects for reference by Financial Services, the district construction office, and the district staff responsible for inspection of utility adjustments. All project specific items such as type of agreement (actual cost or lump sum), plan of adjustment, estimated total cost, cost allocation, and schedule are addressed in the MRUA correspondence letter from the district utilities staff to the utility owner. A flowchart of the MRUA process is available.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.3 Project Specific Agreements===&lt;br /&gt;
If a utility owner does not have a MRUA with the Commission, a project specific agreement will be required for every project for which the Commission is responsible for the necessary adjustments to allow highway construction. The project specific agreement will be either an actual cost ([[#643.2.12.3.1_Actual_Cost_Agreements|EPG 643.2.12.3.1]]) or lump sum ([[#643.2.12.3.2_Lump_Sum_Agreements|EPG 643.2.12.3.2]]) agreement.&lt;br /&gt;
&lt;br /&gt;
====643.2.12.3.1 Actual Cost Agreements====&lt;br /&gt;
The UT03: Utility Agreement – Actual Cost is used when detailed estimates are not practical or costs appear to be questionable. Details on actual cost estimates can be found at [[#643.2.12.3.1_Actual_Cost_Agreements|EPG 643.2.9.2.1 Actual Cost Estimates]]. Once the final invoice on a UT03 is submitted to Financial Services, district utilities staff should change the status on the agreement in eAgreements to completed.&lt;br /&gt;
&lt;br /&gt;
====643.2.12.3.2 Lump Sum Agreements====&lt;br /&gt;
The UT02: Utility Agreement – Lump Sum eliminates the need for keeping detailed records of cost and the auditing of cost records. Estimates of cost must be prepared in detail for use of this agreement. When detailed estimates are not practical or costs appear unreasonable, actual cost agreements are to be used. Use of special forms of agreements, such as &amp;quot;subordination agreements&amp;quot;, which are desired by certain utility owners, is acceptable. These, too, must be revised to cover the particular situation. Details on lump sum estimates can be found at [[#643.2.9.2.2_Lump_Sum_Estimates|EPG 643.2.9.2.2 Lump Sum Estimates]]. Once the final invoice on a UT02 is submitted to Financial Services, district utilities staff should change the status on the agreement in eAgreements to “completed”.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.4 Agreement for Utility Work Included in Roadway Improvement Project===&lt;br /&gt;
The UT04: Utility Agreement - Actual Cost (For Utility Work That is to be Included in the Missouri Highways and Transportation Commission&#039;s Road Project) allows for the adjustment to be based on actual cost with the roadway contractor performing the utility work. Caution should be exercised in the type of utilities to be relocated in roadway contracts. Utilities recommended are waterlines and sewer lines. Other utilities, such as gas lines, communication lines, and power lines are to be studied thoroughly before being included in the project.&lt;br /&gt;
&lt;br /&gt;
The Transportation Project Manager and district utilities staff must plan ahead to get this work in the roadway contract. The utility owner must agree to include the utility adjustment in the roadway contract. The adjustment may be on highway right of way or on private easement in the name of the utility owner. The utility owner can agree to allow MoDOT’s contractor to work in its easement. However, district utilities staff in consultation with district right of way staff should review the easement documentation to verify the utility owner’s rights to the easement and any limitations on its use. MoDOT’s contractor can work and operate on both Commission right of way and on the utility easement, even when not directly connected to the Commission right of way, as part of the job site. Temporary construction easements may be necessary in addition to the utility easement to ensure adequate working room for the contractor.&lt;br /&gt;
&lt;br /&gt;
:The utility owner may request exemption to any liability for negligence of our contractor working on their easement. The Commission can assume that liability (refer to [[:Category:153_Agreements_and_Contracts#153.1.1.2_Acceptance_of_Liability_Policy_(MoDOT_Access_Only)|Acceptance of Liability Policy]]), but it should be included in the utility agreement if so desired by the utility owner. A Job Special Provision is necessary to require the MoDOT contractor to hold the utility harmless from all claims due to contractor negligence.&lt;br /&gt;
&lt;br /&gt;
Subsurface information, i.e. boring data, etc., should be obtained by the utility owner since it may be needed for the design of the utility adjustment. This information should be included in the plans. If the utility owner must bear all or part of the cost of the adjustment, the utility owner must agree to pay a pre-deposit to the Commission prior to opening bids on the project. This should be in the utility agreement. The pre-deposit will be credited to the &amp;quot;Missouri Highway and Transportation Commission - Local Fund.&amp;quot; Any interest earned in the fund will apply to the cost of the adjustments. The utility agreement will include language that the utility will inspect the installation and assume maintenance of the utility facility after construction. MoDOT will also provide engineering supervision to be sure the road contractor is in compliance with the contract. Utility plans and specifications are to be approved by the owner prior to submittal to the Central Office. The following items will provide minimum information to allow MoDOT’s contractor to bid the work.&lt;br /&gt;
# Individual bid items (not &amp;quot;lump sum&amp;quot;) should be established to promote better bidding and to handle overruns and underruns. Bid items not included on the Computer Stored Bid Item list should be &amp;quot;99&amp;quot; numbers.&lt;br /&gt;
# he bid package must be in our letting format. If the package was prepared by a consultant as if the utility owner were going to let it, all bid bond or bidding procedures must be screened to remove requirements contrary to MoDOT letting requirements. District utilities staff should work with the Transportation Project Manager, Design Liaison Engineer, and Central Office Bidding and Contract Services to ensure this requirement is met.&lt;br /&gt;
# The specifications required by the utility owner should be reviewed for items that could cause a bid problem for our contractor. Items such as non-readily available materials or sizes should be avoided.&lt;br /&gt;
# Utility plan sheets should be .pdf files equivalent to 22 in. x 34 in. It is helpful to have a quantity sheet specifically for utility items.&lt;br /&gt;
# Any special procedures required for the utility installation should be included in the Job Special Provisions.&lt;br /&gt;
# The utility package should be submitted on-time to Central Office with other project plans.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.5 Agreement for a Utility Only Project===&lt;br /&gt;
Any of the above agreements can be modified for a utility only project separate from the roadway project. The utility only project may be done by forces hired by the utility owner or by the Commission. A separate utility only project has distinct advantages when the following occurs:&lt;br /&gt;
* The utility work is extensive&lt;br /&gt;
* It must be performed in accordance with the utility owner’s seasonal requirements&lt;br /&gt;
* It extends beyond the limits of the construction project&lt;br /&gt;
* It must be performed considerably in advance of the roadway contract&lt;br /&gt;
&lt;br /&gt;
Necessary environmental and design work is still required for the limits of the separate utility only project. It may be necessary in these cases to have a second agreement with the utility owner to cover any other work that must be performed concurrently with the roadway contract. These latter agreements will use the roadway construction job number. Early need for utility projects is to be determined at the time when the STIP is updated each year. The utility construction funds will be shown in the year right of way funds are assigned. This will be done whenever possible to secure early adjustment of utility facilities. A request by the district is sent to the Planning Division. Estimated dollar amounts for utility adjustments are needed. These are estimates and do not need to be extremely accurate. When a special utility project is established, it is preferred, if at all possible, to include all the utility adjustments necessary for the entire roadway project. If funds are available, additional agreements can be added to this utility project until the final invoice for the first completed agreement is received for payment.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.6 Supplemental Agreements===&lt;br /&gt;
For utility owners with a UT01 agreement, a supplemental letter agreement documenting the change in the scope or cost of the work is acceptable.&lt;br /&gt;
&lt;br /&gt;
The UT05: First Supplemental Agreement is used to document changes to UT02 and UT03 agreements. If changes to the scope of work occur that are anticipated to exceed $100,000 or 15% of the original agreement, a UT05 is required. If the final invoice on an actual cost adjustment without changes in the scope of work exceeds the limits shown in the table below, a UT05 is required.&lt;br /&gt;
&lt;br /&gt;
{| class=&amp;quot;wikitable&amp;quot; style=&amp;quot;margin-left: 25px; text-align:center&amp;quot;&lt;br /&gt;
! Amount in Original Actual Agreement !! Final Bill Total Exceeds Original Amount by:&lt;br /&gt;
|-&lt;br /&gt;
| 0-$25,000 || 50%&lt;br /&gt;
|-&lt;br /&gt;
| $25,000-$100,000 || 40%&lt;br /&gt;
|-	&lt;br /&gt;
| Exceeds $100,000 || 30%&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
Should multiple UT05s be required with the same utility owner, the UT05 should be modified for additional supplemental agreements. Once the final invoice on an UT05 is submitted to Financial Services, district utilities staff should change the status on the agreement in eAgreements to “completed”.&lt;br /&gt;
&lt;br /&gt;
==643.2.13 Utility Adjustments in Roadway Plans and Job Special Provisions (JSPs)==&lt;br /&gt;
It is the responsibility of the MoDOT Transportation Project Manager (TPM) to ensure utility plans of adjustment are shown on the project plans at the Plan, Specification, and Estimate (PS&amp;amp;E) stage based upon information coordinated by the district utilities staff with the appropriate utility owner.&lt;br /&gt;
&lt;br /&gt;
===643.2.13.1 Plans===&lt;br /&gt;
A legend showing all applicable utility symbols and the names of the utility owners is shown on the first special utility sheet. In the absence of special utility sheets, this information may be shown on the title sheet or the first plan and profile sheet. The following note is required to be placed on the title sheet or the first plan and profile sheet and the first special utility sheet (if used) to inform contractors of the suitability of the utility information contained on the plans.&lt;br /&gt;
&lt;br /&gt;
&amp;quot;The existence and approximate location of utility facilities known to exist, as shown on the plans, are based on the best information available to the Commission at this time. This information is provided by the Commission &amp;quot;as-is&amp;quot; and the Commission expressly disclaims any representation or warranty as to the completeness, accuracy, or suitability of the information for any use. Reliance upon this information is done at the risk and peril of the user, and the Commission shall not be liable for any damages that may arise from any error in the information&amp;quot;.&lt;br /&gt;
&lt;br /&gt;
===643.2.13.2 Job Special Provisions===&lt;br /&gt;
Since the addition of utility information on the plans, supplied by a third party, could subject the Missouri Highway and Transportation Commission to additional liability, a Utility JSP reflecting the status of utility adjustments will be required. The JSP will include the name, address, e-mail address, and telephone number of all utility owner representatives for all utility facilities located on the project. The anticipated adjustment completion date for each utility adjustment is also to be shown based on the agreed upon dates, durations, or completion dates with the utility owner’s representative. This information will inform the bidder of the status of utilities for proper work coordination that could affect the bids for the proposed highway construction project. Status notations will include general notations such as: “N/A”, “Work is in progress”, “Work has not started”, “Work is complete”, and “Work is included in contract.”&lt;br /&gt;
&lt;br /&gt;
===643.2.13.3 PS&amp;amp;E Submittal===&lt;br /&gt;
In the District Final Plans Submittal Checklist (D-12), the TPM should note any issues related to existing utility facilities or the adjustment of utility facilities either shown or not shown on the plans. Projects with “No Utility Impacts” such as some overlays, striping, bridge washing, etc. do not need a Utility Status Letter or Utility JSP. The D-12 is used for these projects. In the D-12, under Project Details – “Utilities”, the note “NO” is selected and under “Status”, select “Clear”. For all other projects, the district utilities staff will write a Utility Status Letter. The TPM will include the Utility Status Letter with the submittal of the final plans to the Design Division. The Utility Status will be defined as:&lt;br /&gt;
# Utility facilities are present, but no conflict is anticipated with the highway construction project. Or,&lt;br /&gt;
# All utility facilities requiring adjustment to allow highway construction have been physically adjusted on the project. Or,&lt;br /&gt;
# Utility construction work is planned or active and will be completed to such a point that no impact will be expected to the highway construction project. The status of this work is defined in the utility JSP. Or,&lt;br /&gt;
# Utility facilities are not expected to be adjusted by the notice to proceed date for the road project, but the utility work will have no impact on the progress of the highway construction project. The status of this work is defined in the utility JSP. Or,&lt;br /&gt;
# Utility facilities must be adjusted after the road contractor completes stage construction or in coordination with the contractors’ work. Details of the coordination effort required of the contractor are defined in the utility JSP to properly advise bidders. Or,&lt;br /&gt;
&lt;br /&gt;
# Utility adjustment plans and specifications are included in the bid documents for the highway construction project. A UT04 agreement must be executed.&lt;br /&gt;
&lt;br /&gt;
==643.2.14 Payment to Utility Companies for Reimbursable Work==&lt;br /&gt;
Authorization and federal funding obligation must be approved prior to incurring costs. This applies to all types of work on utility facilities including preliminary engineering. An obligation is a commitment by the federal government to reimburse MoDOT for the federal share of a project’s eligible cost.&lt;br /&gt;
&lt;br /&gt;
===643.2.14.1 Obligation Process===&lt;br /&gt;
Federal funding can be used with both lump sum and actual cost agreements. After the utility agreement is fully executed, the district utilities staff will email a copy of the utility agreement or the letter agreement referencing the MRUA to the email group OBLIGATE. This email should request the authorization authority for use of federal funds and to be informed of a Notice to Proceed (NTP) (see [[#643.2.15_Notice_to_Proceed|EPG 643.2.15]]) date by Financial Services once federal funding has been obligated. District utilities staff should allow three (3) weeks to receive the NTP. Financial Services will use Advance Construction (AC) funding to fund reimbursement to utility owners. With AC funding, state funds initially are used to pay for reimbursement to utility owners. Once construction is complete, with appropriate documentation of the work via the [https://epg.modot.org/forms/general_files/DE/C-9.docx C-9] and [https://epg.modot.org/forms/general_files/DE/C-13.docx C-13], Financial Services will convert to federal funding.&lt;br /&gt;
&lt;br /&gt;
===643.2.14.2 Preliminary Engineering===&lt;br /&gt;
On occasion, preliminary engineering (PE) may need to be undertaken by the utility owner prior to the execution of a utility agreement. If a utility owner has a MRUA, an estimate of the cost of the PE work by the utility owner may be used to obligate funding for preliminary engineering under the MRUA as a PE only letter agreement. If a lump sum or actual cost agreement will be required with the utility owner for the project, district utilities staff should do two (2) agreements with one agreement covering PE only, and once a design for the adjustment is obtained, a second agreement for the construction of the adjustment should be executed. If a separate PE only agreement is obtained, NTP will need to be issued twice to the utility owner: once for PE and once for construction.&lt;br /&gt;
&lt;br /&gt;
===643.2.14.3 Right of Way===&lt;br /&gt;
Once Notice to Proceed has been given, the utility owner may begin the right of way acquisition process. If the utility owner needs to acquire right of way prior to a full agreement for relocation has been negotiated, the agreement specifically for the acquisition of right of way should be executed. This agreement will be sent to Financial Services to begin the obligation process.&lt;br /&gt;
&lt;br /&gt;
===643.2.14.4 Construction===&lt;br /&gt;
Payment to utility owners for construction of the adjustment may occur in a number of phases.&lt;br /&gt;
&lt;br /&gt;
====643.2.14.4.1 Prepayment====&lt;br /&gt;
Per the utility agreement, the Commission allows utility owners to be prepaid prior to commencing work. The district utilities staff may negotiate the prepayment if the utility owner is receptive. The utility owner will submit a request for prepayment with an invoice prior to any prepayment. Route, county, and job number must be included in the request. The district utilities staff will submit a request to Financial Services with a copy saved in MoProjects for future reference by the district staff responsible for inspection of the utility adjustment.&lt;br /&gt;
&lt;br /&gt;
====643.2.14.4.2 Progress Payments====&lt;br /&gt;
If a utility owner has not been prepaid the entire estimated amount in the utility agreement, then the utility owner may request progress payments after completing a portion of the proposed work, including PE.&lt;br /&gt;
&lt;br /&gt;
Progress payments for PE by consultants should not exceed the &amp;quot;maximum not to exceed amount&amp;quot; shown in the cost estimate unless additional costs are approved first by district utilities staff.&lt;br /&gt;
&lt;br /&gt;
For progress payments, the utility owner is required to submit only a summary of work and materials for which payment is claimed, not a detailed billing. District utilities staff should check only to be sure that sufficient work has been done to justify making the requested payment. Payment should be made for allowable costs incurred up to the date of the progress payment request.&lt;br /&gt;
&lt;br /&gt;
Progress payment invoices do not relieve the utility owner of the responsibility of submitting one complete and final invoice upon completion of the adjustment. The utility owner’s address must be shown on the invoice. The district utilities staff should submit progress payment invoices and applicable C-9s to Financial Services within one (1) week of receipt of invoice.&lt;br /&gt;
&lt;br /&gt;
One copy of the progress payment and one copy of the district utilities staff letter of recommendation must be sent to Financial Services for payment and be stored in MoProjects. The cover memo should include the project number, route, county, actual cost or lump sum utility agreement, Commission obligation percentage, total cost estimate of Commission obligation, and indicate the progress payment number, i.e., progress payment number 1, 2, 3, etc. If more than one progress payment is requested by the utility company, the district should submit progress payment bills to Financial Services in the following format:&lt;br /&gt;
{| class=&amp;quot;wikitable&amp;quot; style=&amp;quot;margin-left: 25px; text-align:center&amp;quot;&lt;br /&gt;
! Payment !! Amount&lt;br /&gt;
|-&lt;br /&gt;
| Progress Payment #1 || $50,000&lt;br /&gt;
|-&lt;br /&gt;
| Progress Payment #2 || 10,000&lt;br /&gt;
|-	&lt;br /&gt;
| Total Payment to Date || $60,000&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
This format will help clarify payment history with the utility owner. Progress payments for actual cost utility agreements may not exceed the Commission&#039;s total estimated cost shown in the agreement. However, if the request for a progress payment exceeds the original estimate, a change order with explanation should accompany the request. (See [[#643.2.16.5_Change_Orders|EPG 643.2.16.5 Change Orders]].)&lt;br /&gt;
&lt;br /&gt;
====643.2.14.4.3 Final Payment====&lt;br /&gt;
Utility owners are required to submit a detailed final invoice to MoDOT for all actual cost reimbursable utility work and for any lump sum reimbursable utility work that was not prepaid. For prepaid lump agreements, the utility owner must submit a zero-dollar ($0) invoice to demonstrate the work has been completed. After the utility work has been fully completed, the district utilities staff responsible for inspection should send the utility owner a “60 Day” [https://epg.modot.org/forms/general_files/DE/FinalInvoiceLetter.docx Final Acceptance Letter] requesting a complete final invoice within 60 days, as detailed in the utility agreement. If the final invoice is not received from the utility owner within 30 days, then a follow up letter should be sent (i.e., “30 Day” [https://epg.modot.org/forms/general_files/DE/FinalInvoiceReminderLetter.docx Reminder Final Invoice Letter]) reminding the utility owner of its obligation to submit a final invoice within 60 days of the completed work. If a final invoice from the utility owner is not received within this timeframe, then the district utilities staff should contact the Design Liaison Engineer for guidance on how to close out the work.&lt;br /&gt;
&lt;br /&gt;
The district utilities staff is expected to check the final bill within two (2) weeks after receipt in as much detail as possible against the C-9. It is their responsibility to verify from field records the quantities of labor, equipment, material used, material retired, and to justify all changes made. If the utility owner’s contractor made the adjustment at unit cost prices, then it is the district utility staff’s responsibility to verify the number of units completed and not the hours of labor and equipment. It is also important for the utility owner to show the words “final bill” or “final invoice” on the last bill, in order for MoDOT to understand that no additional charges will be made on the adjustment. The final bill must show a general description of the utility adjustment, the highway project number, the date on which work was completed or last item of billed expense was incurred, and the location where records can be audited. The order of items in the final statement should follow as closely as possible the order of items in the original estimate. A summary, on the utility owner’s letterhead, of the total cost of preliminary engineering, construction engineering, right of way, labor, overhead, construction travel expense, transportation, equipment, materials, supply, handling, and salvage credits should be shown in a way that will permit direct comparison with the approved estimate from the original or supplemental agreements (see [[#643.2.12.6_Supplemental_Agreements|EPG 643.2.12.6]]).&lt;br /&gt;
&lt;br /&gt;
If the Actual Cost final invoice shows a much higher cost than the original estimate without scope change, the utility owner is required to give reasons in a letter to the district utilities staff explaining why the invoice cost increased. When the Actual Cost final invoice exceeds the amount shown in the table in [[#643.2.12.6_Supplemental_Agreements|EPG 643.2.12.6]], a supplemental agreement is required.&lt;br /&gt;
&lt;br /&gt;
When the district utilities staff has determined that the final invoice is accurate, the C-13 should be completed. Once the C-13 is completed, the C-13 and the final invoice from the utility owner are forward to Financial Services. For Actual Cost agreements, the C-9s should also be included in this transmittal. If no additional payments are required, the district utilities staff should note this in the transmittal as well. If the final invoice indicates previous payments to a utility owner exceeded the final invoice, the utility owner will need to send MoDOT a check for the overpayment amount. The check should be made payable to Director of Revenue – Credit State Road Fund. If the utility owner did not send MoDOT an overpayment check with the final invoice, district utilities staff should send a letter to the utility owner requesting the refund amount. Submittal of the final invoice to Financial Services should not occur until repayment has been received. The submittal to Financial Services should note the receipt of the repayment check.&lt;br /&gt;
&lt;br /&gt;
==643.2.15 Notice to Proceed==&lt;br /&gt;
For PE only, once an agreement has been executed, and Financial Services has advised that authorization from FHWA has been received, district utilities staff will issue a notice to proceed (NTP) letter to the utility owner for the PE. For agreements that include PE and construction or once a final agreement for construction has been executed, right of way clearance has been issued, and Financial Services has advised that authorization from FHWA has been received, the district utilities staff will issue NTP to the utility owner for construction. See [https://epg.modot.org/forms/general_files/DE/NoticeToProceedExampleLetter.docx Example of Notice to Proceed Letter]. If salvage credit is part of the agreement with the utility owner, the NTP letter should include a statement that the utility owner will need to inform district utilities staff of the time and place that inspection may be made of the removed material. The utility owner may be held accountable for full value of materials disposed without proper notice. Utility owners may purchase materials prior to NTP for construction; however, no other work on the adjustment necessary to allow highway construction may begin prior to NTP for construction. The utility owner, for reasons of planning their workload or due to seasonal situations, may request early authorization to perform the work. This request, with the district utilities staff recommendations, is sent to the Design Liaison Engineer for further handling, approval, and advancement of the necessary funds. A copy of the NTP should be saved in MoProjects. If a utility owner begins adjustments prior to NTP for construction, district utilities staff should notify the utility owner immediately in writing that reimbursement will not be made for work done prior to NTP for construction.&lt;br /&gt;
&lt;br /&gt;
==643.2.16 Construction of Utility Adjustments==&lt;br /&gt;
===643.2.16.1 Utility Owner Self-Perform===&lt;br /&gt;
As per 23 CFR 645.115 Construction, it may be cost-effective for certain utility adjustments to be performed by a utility owner with its own internal forces and equipment, provided the utility owner is qualified to perform the work in a satisfactory manner. This cost-effectiveness finding covers minor work on the utility owner’s existing utility facilities routinely performed by the utility owner with its own forces.&lt;br /&gt;
&lt;br /&gt;
===643.2.16.2 Construction Contract Requirements===&lt;br /&gt;
When the utility owner is not adequately staffed and equipped to perform such work with its own forces and equipment at a time convenient to coordination with the associated highway construction, such work may be done one of four ways for utility adjustments:&lt;br /&gt;
# MoDOT can provide the construction services, via awarded contract to the lowest qualified bidder based on appropriate solicitation. This can be done by including the adjustment work in the roadway improvement project ([[#643.2.14_Payment_to_Utility_Companies_for_Reimbursable_Work|EPG 643.2.12.4 Utility Agreement for Utility Work Included in Roadway Improvement Project]]) or by having a utility only project ([[#643.2.12.5_Agreement_for_a_Utility_Only_Project|EPG 643.2.12.5 Utility Only Project]]).&lt;br /&gt;
# The utility owner can award a construction contract to the lowest qualified bidder based on appropriate solicitation.&lt;br /&gt;
# The utility owner can utilize an existing continuing contract, provided the costs are reasonable (see [[#643.2.9.1_Independent_Cost_Estimate|EPG 643.2.9.1 Independent Cost Estimate]]).&lt;br /&gt;
# The utility owner can contract for low-cost incidental work, such as tree trimming and the like, without competitive bidding, provided the costs are reasonable (see [[#643.2.9.1_Independent_Cost_Estimate|EPG 643.2.9.1 Independent Cost Estimate]]).&lt;br /&gt;
&lt;br /&gt;
When a utility owner chooses option 2 to award its own new construction contract, the utility owner must provide the following documents and information to the district utilities staff. These documents need to be provided as soon as the utility owner has chosen to pursue a construction contract. Document 1 must be supplied by all utility owners. Documents 2 and 3 are only required when the utility owner is a local government agency who is also a political subdivision of the state of Missouri (e.g., city-owned utilities, county-owned utilities). All other utility owners are encouraged, but not required, to provide Documents 2 and 3.&lt;br /&gt;
# A statement that the utility owner is not staffed or able to perform the required construction activities with its own forces.&lt;br /&gt;
# A copy of the request for proposal used to secure bids.&lt;br /&gt;
# A list of a minimum of 3 bidders whom they believe can do the work. &#039;&#039;&#039;Political subdivisions are required to advertise for the work&#039;&#039;&#039;.&lt;br /&gt;
# Upon review of these documents, the district utilities staff will advise the utility owner to proceed with the solicitation of bids, but the utility owner will not be permitted to award the contract without the concurrence of district utilities staff. For lump sum agreements, approval of contract work and subcontract work is not required.&lt;br /&gt;
&lt;br /&gt;
The following documents need to be provided as soon as the utility owner has determined the lowest qualified contractor and would like to award the project. Document 1 must be supplied by all utility owners. Document 2 is only required when the utility owner is a local government agency who is also a political subdivision of the state of Missouri (e.g., city-owned utilities, county-owned utilities). All other utility owners are encouraged, but not required, to provide Document 2.&lt;br /&gt;
# The name address of the lowest qualified contractor.&lt;br /&gt;
# The tabulation of bids received and other information to support their recommendation for award to the lowest qualified bidder.&lt;br /&gt;
&lt;br /&gt;
The district utilities staff will review and approve the utility owner&#039;s bid information prior to the award of the contract. The Design Liaison Engineer is available to assist the district with review of bid information if necessary. Once the district utilities staff provides concurrence, the utility owner may proceed with awarding the contract. When the utility owner is a local government agency who is also a political subdivision of the state of Missouri (e.g., city-owned utilities, county-owned utilities), a copy of the executed contract must be shared with the district utilities staff. All other utility owners are encouraged, but not required, to provide a copy of the executed contract.&lt;br /&gt;
&lt;br /&gt;
A [https://epg.modot.org/forms/general_forms/DE/UtilityConsultantContractChecklist.docx checklist is available for reviewing contracts] to ensure the contract conforms to MoDOT policy and complies with applicable federal regulations.&lt;br /&gt;
&lt;br /&gt;
When a utility owner chooses to utilize an existing continuing contract, the utility owner will submit a copy of the contract to the district utilities staff. The district utilities staff will review the contract for reasonableness of cost. If district utilities staff and the utility owner’s representative cannot agree on the reasonableness of cost, then the utility owner will be required to award a new construction contract.&lt;br /&gt;
&lt;br /&gt;
===643.2.16.3 Inspection===&lt;br /&gt;
The degree of inspection needed for utility adjustments will vary considerably with the nature and location of the work and whether the Commission is responsible for any portion of the cost of reimbursement. Judgment must be used regarding the manner and regularity of inspection duties. Some phases of the work require a very close check to ensure that the highway will not be adversely affected and to ensure satisfactory performance of work in accordance with the agreement and plans. The degree of inspection may vary from spot checking of overhead installations to continuous close observation of backfilling trenches beneath proposed pavement, embankment area, or adjacent to bridge abutments. Proper inspection can ensure that the utility adjustment is completed as efficiently as possible to minimize future impacts to the utility facility and the highway construction project. A [https://epg.modot.org/forms/general_files/DE/UtilityFieldInspectionChecklist.docx Field Inspection Checklist] to assist district utilities staff responsible for inspection is available.&lt;br /&gt;
&lt;br /&gt;
If it is found that any actual cost reimbursable utility adjustment is being performed by unapproved contractors, district utilities staff should direct the work to stop. The utility owner’s representative should be informed immediately and should be advised in writing that the costs incurred by an unapproved contractor are not eligible for reimbursement under provisions of the agreement. The district utilities staff can take appropriate steps to approve a subcontract and advise when the utility owner can recommence work.&lt;br /&gt;
&lt;br /&gt;
===643.2.16.4 Documentation===&lt;br /&gt;
All documents related to the construction of the utility adjustment necessary to allow highway construction should be stored in MoProjects.&lt;br /&gt;
&lt;br /&gt;
Construction records must be kept to confirm that work is done in accordance with the terms of the agreement and in the manner proposed in the plans. The importance of a complete and accurate record cannot be overemphasized. Detailed records are necessary to support the recommendation for payment of the final invoice. A complete, separate daily record must be kept on each actual cost adjustment and submitted for review when the final invoice is recommended for payment. This district utilities staff responsible for inspection should complete the Daily Utility Report (C-9).&lt;br /&gt;
&lt;br /&gt;
====643.2.16.4.1 Utility Reports====&lt;br /&gt;
The Daily Utility Report ([https://epg.modot.org/forms/general_files/DE/C-9.docx Form C-9]) and the Final Utility Report ([https://epg.modot.org/forms/general_files/DE/C-13.docx Form C-13]) are used for documenting utility adjustments necessary to allow highway construction. The use of C-9s and C-13s will vary with method of reimbursement. For utility adjustments necessary to allow highway construction that overlap with the highway contractor’s work, progress records should be kept as necessary to coordinate the highway and utility construction activities. Sufficient records must be maintained to check and verify the items of labor, equipment, materials, and salvaged items as submitted on the final invoice.&lt;br /&gt;
&lt;br /&gt;
=====643.2.16.4.1.1 Daily Utility Report (C-9)=====&lt;br /&gt;
C-9s are only required for actual cost agreements. The district utilities staff responsible for inspection must in all cases keep records to document inclement weather, down time, and verbal authorization for minor changes. The district utilities staff responsible for inspection must complete a C-9 documenting the number and classification of employees and number of hours worked. Records of material used and of retired materials returned to stock or scrapped must be kept. The utility owner’s major items of equipment must also be recorded. When work is done by the contract method based on unit prices, the district utilities staff responsible for inspection should ascertain that units of work as provided in the bid proposal are measured and recorded to form a basis for checking the final invoice. C-9s should list the location and the number of units of work accomplished for that period. If contract labor or equipment is used by a utility owner on the basis of a bid per hour, per day, etc., it will be necessary to keep records on this labor or equipment time in the same manner as if the utility owner were performing the work with its own internal forces. District utilities staff responsible for inspection should also note all contractors working for the utility owner and the contractor approval authorization dates given in the agreement.&lt;br /&gt;
&lt;br /&gt;
=====643.2.16.4.1.2 Final Utility Report (C-13)=====&lt;br /&gt;
C-13s summarize that the utility adjustment work that was done in accordance with the agreement and plans, the percentage of total cost that is the responsibility of the Commission, and any progress payments that have been made. A C-13 is required for both actual cost and lump sum agreements. The requested numbers shown on line 9 (Commission Estimated Cost) and line 10 (Amount of Final Bill) in the report are the Commission’s total responsibility.&lt;br /&gt;
&lt;br /&gt;
====643.2.16.4.2 Breakdown and Emergency====&lt;br /&gt;
When breakdown and emergency situations occur, prior approval by MoDOT is not required for contract or equipment rental work unless the cost or period of time will be extensive. The utility owner should furnish a letter as soon as possible to explain the situation and set out the estimated costs involved. The district utilities staff’s records should substantiate the need and the changes for personnel and equipment.&lt;br /&gt;
&lt;br /&gt;
====643.2.16.4.3 Stop Work====&lt;br /&gt;
If at any point, a stop work order is given by MoDOT to a utility owner, written documentation of the stop work order should be saved in MoProjects.&lt;br /&gt;
&lt;br /&gt;
===643.2.16.5 Change Orders===&lt;br /&gt;
Any change in the plan of adjustment should be documented in writing to the utility owner as a change order. If the change order is anticipated to exceed $100,000 or 15% of the original agreement amount, district utilities staff should negotiate a supplemental agreement with the utility owner’s representative. Once a supplemental agreement is in place, district utilities staff should contact Financial Services to obtain an adjustment of the obligation mid-project. Change orders without supplemental agreements will be settled once the project is complete.&lt;br /&gt;
&lt;br /&gt;
====643.2.16.5.1 Actual Cost Agreement====&lt;br /&gt;
Slight modifications in quantities or the addition of minor items not included with the original agreement do not require a supplemental agreement. However, such changes should be documented in writing with the utility owner. A supplemental agreement is needed if costs exceed the above threshold or if there is a change in the percentage of cost that is the Commission’s responsibility on an agreement with shared responsibility for costs. Intermediate partial payments cannot be made on items in a supplemental agreement until the supplemental agreement is approved.&lt;br /&gt;
&lt;br /&gt;
====643.2.16.5.2 Lump Sum Agreement====&lt;br /&gt;
A supplemental agreement to a Lump Sum Agreement is only required for significant changes in the scope of work of the utility adjustment necessary to allow highway construction. Normal overruns are not considered as changes in approved work and will not be reimbursed. Significant changes in the scope of work on utility adjustments necessary to allow highway construction cannot be done until the supplemental agreement is approved, and the adjustment in obligation of funds is complete.&lt;br /&gt;
&lt;br /&gt;
==643.2.17 Utilities during Highway Construction==&lt;br /&gt;
The contractor is responsible for having utilities located by contacting Missouri One-Call (811) prior to any excavation on the project. A reminder of this responsibility should be made at the preconstruction meeting.&lt;br /&gt;
&lt;br /&gt;
===643.2.17.1 Preconstruction Meeting (Pre-Con)===&lt;br /&gt;
District utilities staff should be invited to all pre-cons.&lt;br /&gt;
&lt;br /&gt;
Pre-cons fall into three categories relating to utilities:&lt;br /&gt;
# No utility adjustments are anticipated within the project limits,&lt;br /&gt;
# All utility adjustments completed prior to the pre-con, and&lt;br /&gt;
# All utility adjustments not completed prior to the pre-con.&lt;br /&gt;
&lt;br /&gt;
====643.2.17.1.1 No Utility Adjustments Anticipated within the Project Limits====&lt;br /&gt;
For projects without a Utility Job Special Provision (JSP), no involvement of the utility owners is required at the pre-con. For projects with a Utility JSP, the Resident Engineer (RE) should invite all utility owner representatives listed in the JSP with known required adjustment to the pre-con. The RE should review potential impacts of the highway construction project with the contractor and the utility owner.&lt;br /&gt;
&lt;br /&gt;
====643.2.17.1.2 All Utility Adjustments Completed Prior to the Pre-Con====&lt;br /&gt;
The RE should invite all utility owner representatives listed in the JSP with known required adjustment to the pre-con. The RE should review potential impacts of the highway construction project with the contractor and the utility owner. A general discussion should highlight the previous adjustments made by the utility owner and what abandoned utility facilities the contractor may encounter.&lt;br /&gt;
&lt;br /&gt;
====643.2.17.1.3 All Utility Adjustments Not Completed Prior to the Pre-Con====&lt;br /&gt;
It is important for the RE and inspector to understand the utility owner’s work schedule and how it relates to the contractor’s work schedule. During the pre-con, the schedule of the utility owner and highway construction contractor should be discussed, and conflicts should be addressed to allow utility adjustments and highway construction to progress as near to the proposed schedule as possible. On large-scale projects that have many utility issues to address that could impact the work of the highway construction contractor, it may be necessary to have a separate pre-con with utility owner representatives.&lt;br /&gt;
&lt;br /&gt;
===643.2.17.2 Coordination Meetings===&lt;br /&gt;
When the utility work will not be completed soon after the preconstruction meeting, the RE should meet with district utilities staff, the highway construction contractor, and the utility owner representatives on a regular basis to discuss utility coordination issues, so expectations from all parties are known and conveyed clearly. The utility owner may need some work performed by MoDOT or the highway construction contractor prior to completing their adjustments. (Examples include: survey staking of right of way or proposed facilities, trees cleared, grading performed, or new structures built).&lt;br /&gt;
&lt;br /&gt;
==643.2.18 Service Drops==&lt;br /&gt;
Power and communication services provided by utility owners are necessary for the operation of the highway system. These services may include power to traffic signals, lighting, or ITS devices; power for cathodic protection; or telecommunication services to signal controllers or ITS devices. The project design teams should work with district utilities staff to identify proper locations for the applicable utility owners to provide these services. Various utility owners have different requirements for this process. The district utilities staff is encouraged to develop a workable relationship with the utility owners who provide these services to MoDOT. The costs of installing the services charged by the utility owner are considered a non-contractual item and should be accounted for in the project’s budget in the STIP. The proposed location and method for the service drops should be shown on the roadway plans. District utilities staff should meet with the utility owner’s representative to ensure the proposed location can be accommodated by the utility owner. For electrical service connections, the power supply assembly is ideally located a maximum of ten feet (10’) from the source location. Plans submitted for PS&amp;amp;E should reflect the agreed upon location for all service connections. During construction, district utilities staff and district construction staff should work together to ensure the placement of the services is consistent with the project plans. Payment for the service drops should be invoiced by the utility owner to the district. District utilities staff is responsible for submission of the invoice directly to Financial Services for payment noting the non-contractual charges for the project.&lt;br /&gt;
&lt;br /&gt;
==643.2.19 Buy America Build America for Utilities==&lt;br /&gt;
FHWA’s Buy America Build America (BABA) policies require a domestic manufacturing process for all steel or iron products, other construction materials, and manufactured products that are permanently incorporated into Federal-Aid Highway construction projects, including products and materials used for adjustments to utility facilities to allow highway construction. These guidelines are for all federally reimbursable transportation projects where FHWA is the lead federal agency; it does not take precedence over projects where Federal Transit Administration or the Federal Railroad Administration is deemed the be the lead federal agency.&lt;br /&gt;
&lt;br /&gt;
===643.2.19.1 Program Requirements for Utilities===&lt;br /&gt;
All MoDOT projects are federal-aid projects, and therefore, all reimbursable utility adjustments are required to follow the provisions of BABA. More information on MoDOT’s BABA policy and procedures can be found in [[106.9_Buy_America_Requirement|EPG 106.9 Buy America Requirement]]. Specifically, utility owners should be aware of the following procedures for determining applicability of the EPG 106.9 requirements to reimbursable utility adjustments necessary to allow highway construction:&lt;br /&gt;
* BABA does not apply when materials are relocated from one location to another within the project limits.&lt;br /&gt;
* BABA does not apply for materials necessary for temporary utility adjustments assuming materials are removed from the right of way upon completion of the utility adjustment to allow highway construction.&lt;br /&gt;
* Non-reimbursable work must be kept separate from reimbursable work (agreements, permits, etc.) in order to not be subject to BABA.&lt;br /&gt;
&lt;br /&gt;
===643.2.19.2 Certification Requirements for Utilities===&lt;br /&gt;
Utility owners have the option of choosing either to self-certify BABA compliance or provide vendor/manufacturer certification to MoDOT. The method of certification is chosen by the utility owner and is documented in either the MRUA or the project specific agreement. Regardless of agreement type or certification method, the utility owner must be compliant with BABA requirements.&lt;br /&gt;
&lt;br /&gt;
====643.2.19.2.1 BABA Utility Owner Self-Certification====&lt;br /&gt;
If a utility owner chooses to self-certify BABA compliance, the utility owner is not required to provide MoDOT copies of the supplier certification as part of the project documentation or with the final invoice for any reimbursable utility adjustment necessary to allow highway construction. Retention of all documents should be as described in the agreement.&lt;br /&gt;
&lt;br /&gt;
====643.2.19.2.2 BABA Vendor/Manufacturer Certification====&lt;br /&gt;
If a utility owner chooses to use vendor/manufacturer certification, the utility owner will supply MoDOT BABA compliance from all vendors and/or manufacturers. Certification from vendors will be signed by an authorized representative of the vendor on company letterhead or other acceptable documentation and will declare that all supplied materials subject to BABA requirements are fully compliant. Certification from iron or steel manufacturers must be in the form of a mill test report (MTF) issued and signed by the initial fabricator stating the materials subject to BABA were melted and manufactured in the United States. Other written statements on company letter or other acceptable documentation signed by an authorized representative of the manufacturer for any additional treatment to the fabricated material (such as blasting, galvanizing, painting, or coating) will state that all treatment processes occurred in the United States according to FWA guidelines. Retention of all documents should be as described in the agreement. Manufacturer certification for manufactured products or construction materials will state that all materials were sourced from the United States and were fabricated in the United States. Retention of all documents should be as described in the agreement.&lt;br /&gt;
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&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643.3 Reserved for Future Use &#039;&#039;PAGE TITLE&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;&lt;br /&gt;
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&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643.4 Railroads (NO CHANGE) &#039;&#039;PAGE TITLE&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;&lt;br /&gt;
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==236.5.12 Excess Land Conveyances &amp;amp; Relinquishments - Utilities==&lt;br /&gt;
All conveyances and relinquishments of Commission-owned property shall be evaluated for the existence of any utility facilities located within the areas to be conveyed or relinquished. A conveyance or relinquishment of Commission-owned property may have implications to the utility facilities, and the utility owners, when the Commission no longer controls the property. It is important to maintain the continuity of utility facilities for the general public; therefore, to identify and minimize potential impacts, MoDOT shall involve utility owners in the conveyance and relinquishment processes.&lt;br /&gt;
&lt;br /&gt;
===236.5.12.1 Excess Land Conveyances Utilities===&lt;br /&gt;
MoDOT shall only recommend that a property be declared excess upon satisfactorily addressing the utility impacts. Whether MoDOT or an external party initiates the conveyance of excess property, utility impacts shall be adequately addressed by using one of the following methods: &lt;br /&gt;
:1. Each utility facility will be relocated by permit into a new utility corridor retained by the Commission.&lt;br /&gt;
:2. Each utility facility will remain in place with the benefit of a non-exclusive permanent utility easement.&lt;br /&gt;
::&#039;&#039;If the Commission holds fee simple title to the property, the Commission shall convey a non-exclusive permanent utility easement to each utility owner&#039;&#039;.&lt;br /&gt;
::&#039;&#039;If the Commission holds a less than fee simple title interest in the property, MoDOT shall facilitate the conveyance of a non-exclusive permanent utility easement from the party acquiring the property to each utility owner&#039;&#039;.&lt;br /&gt;
:3. Each utility facility will be relocated to another portion of the property being conveyed.&lt;br /&gt;
::&#039;&#039;If the Commission holds fee simple title to the property, the Commission shall convey a non-exclusive permanent utility easement to each utility owner&#039;&#039;. &lt;br /&gt;
::&#039;&#039;If the Commission holds a less than fee simple title interest in the property, MoDOT shall facilitate the conveyance of a non-exclusive permanent utility easement from the party acquiring the property to each utility owner&#039;&#039;.&lt;br /&gt;
:4. Each utility facility will be relocated onto a portion of the property already owned by the party acquiring the Commission-owned property, with the benefit of a non-exclusive permanent easement. (MoDOT shall facilitate the conveyance of a non-exclusive permanent utility easement from the party acquiring the property to each utility owner.)&lt;br /&gt;
:5. A three-party negotiated settlement taking into consideration the overall value of the proposed transaction.&lt;br /&gt;
:6. Additional options to address utility impacts may be utilized with approval from the Asst. to the State Design Engineer - Right of Way.&lt;br /&gt;
&lt;br /&gt;
===236.5.12.2 Road Relinquishment Utilities===&lt;br /&gt;
MoDOT shall only recommend the relinquishment of roadways through the [[236.14 Change in Route Status Report|Change in Route Status Report]] upon satisfactorily addressing the impacts to utility facilities. If the roadway will be relinquished to a local public transportation authority, with the intent that it continues to be used as a public roadway, a clause similar to the following shall be included in the deed from the Commission to the local public transportation authority:&lt;br /&gt;
:&#039;&#039;&amp;quot;Grantee, by acceptance of this conveyance, covenants and agrees for itself, its successors and assigns, to allow known or unknown utility facilities currently located on the property, whether of record or not, to remain on the property, and to grant the current and subsequent owners of those facilities the right to maintain, construct and reconstruct the facilities and their appurtenances over, under, and across the land herein conveyed, along with the right of ingress and egress across the land herein conveyed to and from those utilities.&amp;quot;&#039;&#039; &lt;br /&gt;
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Proposed roadway relinquishments to private entities shall be reviewed in a manner consistent with the conveyance of excess property described in [[236.5 Property Management#236.5.3 Asset Management Committee|EPG 236.5.3 Asset Management Committee]].&lt;/div&gt;</summary>
		<author><name>Hoskir</name></author>
	</entry>
	<entry>
		<id>https://epg.modot.org/index.php?title=User:Hoskir/Revision_Request_4225&amp;diff=58886</id>
		<title>User:Hoskir/Revision Request 4225</title>
		<link rel="alternate" type="text/html" href="https://epg.modot.org/index.php?title=User:Hoskir/Revision_Request_4225&amp;diff=58886"/>
		<updated>2026-06-23T13:29:33Z</updated>

		<summary type="html">&lt;p&gt;Hoskir: /* 643.2.9.2.2 Lump Sum Estimates */&lt;/p&gt;
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&lt;div&gt;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643 Utility Procedures  &#039;&#039;CATEGORY&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt; &lt;br /&gt;
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| &#039;&#039;&#039;&amp;lt;center&amp;gt;&amp;lt;u&amp;gt;Additional Resources&amp;lt;/u&amp;gt;&amp;lt;/center&amp;gt;&#039;&#039;&#039;&lt;br /&gt;
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| ● [https://www.ecfr.gov/current/title-23/chapter-I/subchapter-G/part-64523 CFR 645]&lt;br /&gt;
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| ● [https://www.sos.mo.gov/cmsimages/adrules/csr/current/7csr/7c10-3.pdf7 CSR 10-30]&lt;br /&gt;
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&#039;&#039;&#039;Utility Accommodation Policy:&#039;&#039;&#039; State DOTs are required to develop policies and procedures pertaining to the use, accommodation, and/or relocation of public and private utility facilities on highway rights-of way using Federal-aid highway funds. State DOTs are required to develop, maintain, and obtain FHWA approval of their Utility Accommodation Policy (UAP) (23 CFR section 645.215). This EPG article 643 and subarticles 643.1 through 643.3 are Missouri Department of Transportation (MoDOT)’s Utility Accommodation Policy. Text in EPG 643 consolidates various federal and state statutes and rules into a single, cohesive, workable policy to outline processes for MoDOT staff and utility owners.&lt;br /&gt;
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&#039;&#039;&#039;Delegation of Work:&#039;&#039;&#039; Each MoDOT district is responsible for ensuring implementation of the UAP outlined in the subsequent EPG articles. Each district can create its own organization for whom is responsible for the work including between divisions and job titles. Work responsibilities within this article and subarticles are generic where possible. If a specific title is included, that title has sole responsibility for that item of work.&lt;br /&gt;
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&#039;&#039;&#039;643 documents not being used&#039;&#039;&#039;&lt;br /&gt;
[[media:144 Major Highway System 2022.pdf|major routes]]&lt;br /&gt;
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&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643.1 Utility Location  &#039;&#039;PAGE TITLE&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt; &lt;br /&gt;
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The information in this article provides a uniform system for regulating the location, construction, maintenance, removal, and relocation of utility facilities on the right of way of roadways located on the state highway system. It also provides for the facilitation of construction and maintenance of these roadways. Any location or relocation of utility facilities contrary to this information is an interference with the construction, maintenance, or operation of a state highway and its right of way and is prohibited.&lt;br /&gt;
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==643.1.1 Permits==&lt;br /&gt;
All utility owners are required to obtain a permit to work on Missouri Highway and Transportation Commission (Commission) right of way. A permit is required for original installation of the utility facility, on-going maintenance of the utility facility, or adjustments to a utility facility necessary to allow highway construction. Per [[127.29_Stormwater#127.29.4.3_MCM_3:_Illicit_Discharge_Detection_and_Elimination_(IDDE)_Program|EPG 127.29.4.3]], discharges of anything other than stormwater are not permitted. A deposit or bond is required to ensure completion of the work in accordance with the permit issued. An [https://www.modot.org/permits application for a permit] may be made on established forms specifically stating the nature of the work to be performed. Applications for permits may be obtained at any of the [https://www.modot.mo.gov/ seven (7) district highway offices] of the Commission, [https://www.modot.mo.gov/ MoDOT&#039;s website], or by requesting it from the office of the Missouri Highways and Transportation Commission in Jefferson City, Missouri. The application for a permit will specifically state the nature of the work to be performed, what specific type of utility facility is to be installed, and, if necessary, the timeframe of any temporary use. Piping of any type of sewage or waste will only be allowed providing any permitting by a regulatory agency, such as Missouri Department of Natural Resources, can be provided. Prior to obtaining a permit through MoDOT’s permit system, a utility owner will be required to provide a bond to ensure satisfactory work and complete a TR50 Electronic Signature Agreement with the Commission. The name of the utility owner must match on the bond, TR50, and in the permit system. More information on permitting can be found in [[:Category:941_Permits_and_Access_Requests|EPG 941]].&lt;br /&gt;
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===643.1.1.1 Emergency Work===&lt;br /&gt;
When emergency operations work is necessary, the damaged utility facility may be accessed immediately and without a permit by leaving the pavement at such points as may be necessary to effect emergency repairs, provided immediate notice is given to the Missouri State Highway Patrol and the district utilities staff for the district wherein the work will be performed, and a permit for emergency operations is requested immediately upon discovery of the need for emergency operations. A permit for emergency operations work is to be obtained as soon as practical, but in no event later than two (2) working days after the emergency operations work has commenced. Emergency operations include, but are not limited to, unplanned work in response to utility facilities being so damaged as to constitute an emergency situation directly affecting or endangering traffic on the highway or public health or safety.&lt;br /&gt;
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===643.1.1.2 Third-Party Inspection===&lt;br /&gt;
When a utility owner has a large number of projects in a given area or projects involving great complexity, MoDOT reserves the right to limit the number of permits open at any given time. With approval of the district utilities staff, a utility owner may hire a third-party inspector, at their cost. The third-party inspector will allow the utility owner to increase the number of permits open at any given time. The responsibility of the third-party inspector will be to ensure the installation of the utility facility proceeds in a manner consistent with the plans approved in the permit, including all work zone requirements and conformity with MoDOT’s Standards and Specifications. The MoDOT approved third-party inspector will be listed in the permit. MoDOT may audit third-party inspections and revoke the right to use third-party inspections should the inspectors fail to perform their duties.&lt;br /&gt;
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===643.1.1.3 Abandoned Utility Facilities===&lt;br /&gt;
All utility facilities installed in Commission right of way are the property of the utility owner whether the utility facility is active or inactive. MoDOT may allow a utility facility to remain on Commission right of way whether the utility facility was abandoned for a MoDOT project or at the utility owner’s discretion. MoDOT may place requirements (such as removing inactive fiber optic cables, grouting pipes, removing valves) on the utility owner as part of the process of abandoning a utility facility. Liability for damage to Commission right of way due to an abandoned facility remains the responsibility of the utility owner. In the event MoDOT requires the removal of the abandoned utility facility, responsibility for the cost of the removal will be determined per [[643.2_Local_Utility_Adjustments_-_Public_and_Private#643.2.8_Preliminary_Engineering_(PE)_Requirements|EPG 643.2.8]].&lt;br /&gt;
&lt;br /&gt;
==643.1.2 Definitions==&lt;br /&gt;
&#039;&#039;&#039;Bridge Attachment:&#039;&#039;&#039; A bridge attachment is any utility facility, including communication lines and electrical lines, or any other utility facility of a similar nature that is fastened to a bridge for the purpose of spanning an obstacle.&lt;br /&gt;
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&#039;&#039;&#039;Clear zone:&#039;&#039;&#039; The total roadside border area starting at the edge of the traveled way, available for safe use by errant vehicles. This area may consist of a shoulder, a recoverable slope, a non-recoverable slope, and/or the area at the toe of a non-recoverable slope available for safe use by an errant vehicle. Clear zone dimensions are provided in the current edition of American Association of State Highway Transportation Officials Roadside Design Guide.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Ditch Line:&#039;&#039;&#039; A line where the roadway ditch meets the back slope. It is located at the lowest point of a V-bottom ditch or furthest point from the roadway of a flat bottom ditch where the roadway slopes back to the existing ground line.&lt;br /&gt;
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&#039;&#039;&#039;Duct:&#039;&#039;&#039; An enclosed tubular casing, or raceway, for protecting wires, lines, or cables that is often flexible or semi-rigid (1-3% diametric deflection). The casing, or raceway, is separate from the cable or conductor that passes through it.&lt;br /&gt;
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&#039;&#039;&#039;Encasement:&#039;&#039;&#039; The term encasement means the placing of an installation around and outside of an underground facility consisting of a larger conduit that permits the removal and replacement of the facility. An alternate to the conduit type encasement is reinforced concrete poured around the utility facility. Utility owners are allowed to use any types of material as a carrier and encasement for its facilities as expressly provided for in the permit issued for the installation of the utility facility.&lt;br /&gt;
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&#039;&#039;&#039;Freeway:&#039;&#039;&#039; A divided arterial highway with full control of access.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Highway:&#039;&#039;&#039; Any public way for vehicular travel, including the entire area within the right of way and related facilities constructed or improved and maintained by the Missouri Highways and Transportation Commission (MHTC) acting through the Missouri Department of Transportation (MoDOT).&lt;br /&gt;
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&#039;&#039;&#039;Interchange Limits:&#039;&#039;&#039; For the uniform handling of utility installations only, the limits of an interchange are the outside ramp curve points. See [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_1_TypicalInterchangeLimits_AOD.pdf EPG Figure 643.1.1] for an example.&lt;br /&gt;
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&#039;&#039;&#039;Interstate System or Other Freeways/Expressways:&#039;&#039;&#039; Interstate highways and highways with fully controlled access.&lt;br /&gt;
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&#039;&#039;&#039;Major Routes (Interstates, Freeways/Expressways and Principal Arterials):&#039;&#039;&#039; The major highway system is all routes functionally classified as principal arterials. The principal arterial system provides for statewide or interstate movement of traffic. The major roads in Missouri total approximately 5,500 centerline miles.&lt;br /&gt;
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&#039;&#039;&#039;Minor Routes:&#039;&#039;&#039; The minor highway system is all routes functionally classified as minor arterials or collectors. These routes mainly serve local transportation needs. The minor roads in Missouri total approximately 28,400 centerline miles.&lt;br /&gt;
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&#039;&#039;&#039;Normal Right of Way Line:&#039;&#039;&#039; An imaginary line that connects sudden breaks in the major right of way points for roadways. Sight distance right of way points (triangles) at roadway intersections are not to be considered as sudden breaks for determining normal right of way.&lt;br /&gt;
[[File:fig_643.1.2-06_2026.jpg|none|700px|thumb|Figure 643.1.2 Normal Right of Way Line.]]&lt;br /&gt;
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&#039;&#039;&#039;Private Lines:&#039;&#039;&#039; Privately owned utility facilities which convey or transmit the commodities outlined in the definition of utility facility of this section but devoted exclusively to private use.&lt;br /&gt;
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&#039;&#039;&#039;Scenic Enhancement Areas:&#039;&#039;&#039; Scenic enhancement areas include areas acquired or so designated as scenic strips, overlooks, rest areas, recreation areas, and the right of way of adjacent roadways and the right of way of roadways that pass through public parks and historic sites as described under 23 USC 138.&lt;br /&gt;
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&#039;&#039;&#039;Utility Corridor:&#039;&#039;&#039; An area established for the placement of utility facilities parallel to the normal right of way line.&lt;br /&gt;
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&#039;&#039;&#039;Utility Facility:&#039;&#039;&#039; Privately, publicly, or cooperatively owned line, facility, or system for producing, transmitting, or distributing communications, cable television, power, electricity, light, heat, gas, oil, crude products, water, steam, waste, storm water not connected with highway drainage or any other similar commodity, including any fire or police signal system or street lighting system which directly or indirectly serves the public and does not include privately owned facilities devoted exclusively to private use. The term &amp;quot;utility facility&amp;quot; includes those facilities used solely by the utility owner that are a part of its operating plant.&lt;br /&gt;
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&#039;&#039;&#039;Utility Owner:&#039;&#039;&#039; The utility owner is the utility company, inclusive of any wholly owned or controlled subsidiary, or city or county which owns utility facilities. The term also includes those government agencies that lease a utility facility for its own use or otherwise dedicated solely to governmental use.&lt;br /&gt;
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&#039;&#039;&#039;Variance:&#039;&#039;&#039; A one- (1-) time deviation from the requirements for location or relocation of utility facilities on the right of way of highways in the state highway system as established in [https://www.sos.mo.gov/cmsimages/adrules/csr/current/7csr/7c10-3.pdf Title 7 Code of State Regulations 10-3], requested by the utility, and approved by a MoDOT District Design Engineer.&lt;br /&gt;
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==643.1.3 Location of Utility Facilities==&lt;br /&gt;
Utility facilities paralleling the roadway should be installed in the utility corridor except as outlined below. The utility corridor is the space for all utility owners generally within six feet (6’) of the normal right of way line. When considering if the current utility corridor is available to expand from six feet (6’) to as much as twelve feet (12’), MoDOT determines if the expansion is warranted. In making the determination, MoDOT will consider the existing utilization of the original six feet (6’) corridor. Poles must remain within two feet (2’) of the normal right of way line unless approved by a variance. The utility corridor will only be expanded beyond six feet (6’) if the original six feet (6’) corridor is fully utilized and additional space would be required to accommodate additional utility facilities. Acquisition of additional right of way to establish a twelve feet (12’) corridor is not required on highway construction projects. For depths for underground utility facilities, see [[#643.1.4.1_Minimum_Cover_for_Underground_Facilities|EPG 643.1.4.1]].&lt;br /&gt;
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Utility facilities crossing the roadway should be installed as close to ninety degrees (90°) to the centerline of the roadway as possible and based on the guidelines below depending on the type of roadway. See [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_3_TypicalUtilityCorridor-InterchangeatMajorRoute_AOD.pdf EPG Figure 643.1.3] and [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_4_TypicalUtilityCorridor-InterchangeatMinorRoute_AOD.pdf EPG Figure 643.1.4] for typical utility corridors around interchanges.&lt;br /&gt;
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===643.1.3.1 Interstate System or Other Major Freeways/Expressways===&lt;br /&gt;
The installation of all utility facilities on highways of the Interstate System or other major freeways/expressways with fully controlled access are to be installed, serviced, and maintained without entering or leaving the roadway and ramps except at points approved by MoDOT for that purpose and without parking any equipment or storing materials upon the medians, roadway and ramps, or shoulders of the roadways. Cutting or damaging the pavement or paved shoulders is not permitted. New service connections to existing parallel utility facilities are to be permitted only where an outer roadway exists and then only where access is permitted by the Commission. Careful consideration will be given to the location of guys, anchors, braces, and other supports. Generally, good design practice will provide that appurtenances be located at right of way jogs, along intersecting road right of way, or at other similar acceptable locations, so that encroachment is held to an absolute minimum.&lt;br /&gt;
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No utility facilities will be permitted within the interchange limits of an interchange between fully limited access highways where planned or existing. Utility facilities within the interchange limits of an interchange with a non-access controlled highway will be permitted only along the minor road, provided that all construction, service, and maintenance can be performed from the minor road. Manholes and poles must be located beyond the ramp termini.&lt;br /&gt;
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For structures carrying or over interstates or other major freeways/expressways, see [[#643.1.5_Bridge_Attachment_Policy|EPG 643.1.5]].&lt;br /&gt;
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====643.1.3.1.1 Utility Facilities Crossing the Interstate or Other Major Freeways/Expressways====&lt;br /&gt;
=====643.1.3.1.1.1 Overhead Crossings of the Interstate or Other Major Freeways/Expressways=====&lt;br /&gt;
Overhead crossings of utility facilities are permitted only for power transmission and distribution lines and for multiple circuit communication lines where an underground installation is not economically feasible. Supports for existing utility facilities crossing overhead may remain on the right of way provided they are near the right of way line regardless of the presence of an outer road. Supports for new overhead utility facilities crossing overhead may be located on the right of way near the right of way line where an outer roadway exists and are to be located off the right of way where no outer roadway exists. Overhead service crossings are only permitted in isolated cases for residential or commercial establishments when the denial of the crossing would require construction of more than 1,200 feet (1,200’) of utility line to provide the service. Main or distribution line crossings are required to serve a general area other than isolated cases.&lt;br /&gt;
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=====643.1.3.1.1.2 Underground Crossings of the Interstate or Other Major Freeways/Expressways=====&lt;br /&gt;
Underground crossings of utility facilities are to be continuously encased under the pavement, medians, ramps, and shoulders with the casing extending to the toe of the fill slopes or to the ditch line. In curbed sections, encasement should extend outside the outer curb of the roadways a distance equal to the depth of the encasement at the curb line. Where installed by open trench through unpaved areas, detector tape should be placed approximately one foot (1&#039;) above the encasement. Where an interstate or other major freeway has a parallel outer roadway, encasement should be continuous under all roadways within the right of way.&lt;br /&gt;
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Manholes or vent pipes are to be located at the right of way line or adjacent to the outer roadway.&lt;br /&gt;
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For fiber optic cable, encasement should extend from within six feet (6&#039;) of one right of way line to within six feet (6&#039;) of the other right of way line.&lt;br /&gt;
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Exceptions may be made for encasement as listed in [[#643.1.4.2_Exceptions_to_Encasement|EPG 643.1.4.2]].&lt;br /&gt;
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=====643.1.3.1.1.3 Parallel Installations along the Interstate or Other Major Freeways/Expressways=====&lt;br /&gt;
New parallel installations on the right of way may be permitted only where an outer roadway exists, provided that poles are within two feet (2&#039;) of the normal right of way line and underground utility facilities are within the utility corridor, and provided that the utility facility can be installed and maintained between the outer roadway and the right of way line. Existing overhead or underground utility facilities that parallel an existing roadway which will be incorporated into a completed highway as an outer roadway may remain in place if all maintenance and service can be performed from an outer roadway and the existing location does not interfere with construction, maintenance, or operation of the completed highway. If an existing parallel utility facility needs to be relocated so as to not interfere with the construction, maintenance, or operation of the completed interstate or other major freeway, poles may be located withing five feet (5’) of the right of way line.&lt;br /&gt;
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Underground utility facilities are expected to be buried within the utility corridor of sight distance triangles (SDTs) at roadway intersections unless granted a variance. Overhead utility facilities may be allowed to span intersecting roadways with SDTs provided the poles, or supports, are located outside the SDT.&lt;br /&gt;
&lt;br /&gt;
=====643.1.3.1.1.4 Sanitary Sewers within the Right of Way of Interstates or Other Major Freeways/Expressways=====&lt;br /&gt;
New installations of sanitary sewers should follow the applicable guidelines for either underground crossings or parallel installations as appropriate. Existing gravity trunk sanitary sewers should be considered individually and removed or left in place contingent upon its age, condition, feasibility of moving, and maintenance access. Encasement of existing trunk sewers left in place may be required for questionable condition, protection during construction, or heavy fills.&lt;br /&gt;
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Manholes should be relocated to the right of way lines or adjacent to an outer roadway.&lt;br /&gt;
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===643.1.3.2 Major Routes===&lt;br /&gt;
For structures carrying or over major routes, see [[#643.1.5_Bridge_Attachment_Policy|EPG 643.1.5]].&lt;br /&gt;
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====643.1.3.2.1 Major Routes with Partially Controlled Access Right of Way====&lt;br /&gt;
The installation of all utility facilities on highways with partially controlled access right of way are to be installed, serviced, and maintained without entering or leaving the roadway and ramps except at points approved by MoDOT for that purpose and without parking any equipment or storing materials upon the medians, roadway and ramps, or shoulders of the roadways. Cutting or damaging the pavement or paved shoulders is not permitted. Equipment or materials stored within the right of way must be protected by longitudinal barrier or be located outside the clear zone. New service connections to existing parallel utility facilities are to be permitted only where granted by the Commission.&lt;br /&gt;
&lt;br /&gt;
No utility facilities will be permitted within the interchange limits of an interchange between fully limited access highways where planned or existing. Utility facilities within the interchange limits of an interchange with a non-access controlled highway will be permitted only along the minor road, provided that all construction, service, and maintenance can be performed from the minor road. Manholes and poles must be located beyond the ramp termini.&lt;br /&gt;
&lt;br /&gt;
====643.1.3.2.2 Major Routes with Normal Access Right of Way====&lt;br /&gt;
All new utility facilities will be installed and maintained without cutting or damaging the pavement or paved shoulders except in the event underlying rock formations or other obstructions are encountered that prevent boring or pushing operations. A variance may be granted for pavement cuts when the need is established. Pavement cuts may only be made by permits issued when it is impractical to otherwise service and maintain the facility. The installation of all utility facilities is to be installed without parking any equipment or storing materials upon the medians, roadway and ramps, or shoulders of the roadways. Equipment or materials stored within the right of way must be protected by longitudinal barrier or be located outside the clear zone.&lt;br /&gt;
&lt;br /&gt;
====643.1.3.2.3 Utility Facilities Crossing Major Routes====&lt;br /&gt;
=====643.1.3.2.3.1 Overhead Crossings of Major Routes=====&lt;br /&gt;
Supports for utility facilities crossing overhead should be located as near the right of way line as possible. For major routes with controlled access right of way, new overhead service crossings may be permitted in isolated cases for residential or commercial establishments where the denial of such crossings would require the construction of more than 1,200 feet (1,200’) of utility line to provide the same service. For major routes with normal access right of way, there is no restriction on the placement of service crossings.&lt;br /&gt;
&lt;br /&gt;
=====643.1.3.2.3.2 Underground Crossings of Major Routes=====&lt;br /&gt;
Underground crossings of utility facilities are to be continuously encased under the pavement, medians, ramps, and shoulders with the casing extending to the toe of the fill slopes or to the ditch line. In curbed sections, encasement should extend outside the outer curb of the roadways a distance equal to the depth of the encasement at the curb line. Where installed by open trench through unpaved areas, detector tape should be placed approximately one foot (1&#039;) above the encasement. Where a major route has a parallel outer roadway, encasement should be continuous under all roadways within the right of way.&lt;br /&gt;
&lt;br /&gt;
Manholes or vent pipes are to be located at the right of way line or adjacent to the outer roadway.&lt;br /&gt;
&lt;br /&gt;
For fiber optic cable, encasement should extend from within six feet (6&#039;) of one right of way line to within six feet (6&#039;) of the other right of way line.&lt;br /&gt;
&lt;br /&gt;
Exceptions may be made for encasement as listed in [[#643.1.4.2_Exceptions_to_Encasement|EPG 643.1.4.2]].&lt;br /&gt;
&lt;br /&gt;
====643.1.3.2.4 Parallel Installations along Major Routes====&lt;br /&gt;
New parallel installations on the right of way may be permitted provided that poles are within two feet (2&#039;) of the normal right of way line and underground utility facilities are within the utility corridor. Existing overhead or underground utility facilities that parallel an existing roadway which will be incorporated into a completed highway may remain in place if all maintenance and service can be performed without entering or leaving the roadway except at approved access points; without parking equipment or storing materials on the median, pavement, ramps, or shoulders; and the existing location does not interfere with construction, maintenance, or operation of the completed highway. If an existing parallel utility facility needs to be relocated so as to not interfere with the construction, maintenance, or operation of the completed highway, poles may be located withing five feet (5’) of the right of way line.&lt;br /&gt;
&lt;br /&gt;
Existing steel pipe transmission and distribution facilities for gaseous petroleum products that parallel an existing roadway that will be incorporated into the completed roadway may be left in place subject to an agreement by the utility owner that maintenance or service and facility expansion will be performed without cutting or damaging the pavement or interfering with the construction, maintenance, and operation of the highway and provided that the facility is cathodically protected against corrosion and meets the applicable material requirements.&lt;br /&gt;
&lt;br /&gt;
Underground utility facilities are expected to be buried within the utility corridor of sight distance triangles (SDTs) at roadway intersections unless granted a variance. Overhead utility facilities may be allowed to span intersecting roadways with SDTs provided the poles, or supports, are located outside the SDT.&lt;br /&gt;
&lt;br /&gt;
====643.1.3.2.5 Sanitary Sewers within the Right of Way of Major Routes====&lt;br /&gt;
New installations of sanitary sewers should follow the applicable guidelines for either underground crossings or parallel installations as appropriate. An existing gravity trunk sanitary sewer should be considered individually and removed or left in place contingent upon its age, condition, feasibility of moving, and maintenance access. If an existing parallel gravity main is left in place within the limits of the paved surface, paved shoulder lines, or curb lines, stub mains as required will be laid between the sewer main and curb or shoulder lines for future service connections in each block. Manholes should be relocated outside the traveled roadway as near the right of way line as practical.&lt;br /&gt;
&lt;br /&gt;
===643.1.3.3 Minor Routes===&lt;br /&gt;
For structures carrying or over minor routes, see [[#643.1.5_Bridge_Attachment_Policy|EPG 643.1.5]].&lt;br /&gt;
&lt;br /&gt;
====643.1.3.3.1 Utility Facilities Crossing Minor Routes====&lt;br /&gt;
=====643.1.3.3.1.1 Overhead Crossings of Minor Routes=====&lt;br /&gt;
Existing overhead crossings that interfere with construction, maintenance, or operation should be relocated with their supports as near the right of way line as is practical. New overhead crossing installations should be located with their supports as near the right of way line as is practical.&lt;br /&gt;
&lt;br /&gt;
=====643.1.3.3.1.2 Underground Crossings of Minor Routes=====&lt;br /&gt;
All new utility facilities should be installed and maintained without cutting or damaging the pavement or paved shoulders. A variance may be granted for pavement cuts when servicing and maintaining the facility by any other methods is impractical. Pavement cuts may only be made by permits issued. Underground crossings of utility facilities are to be continuously encased under the pavement, medians, ramps, and shoulders with the casing extending to the toe of the fill slopes or to the ditch line. In curbed sections, encasement should extend outside the outer curb of the roadways a distance equal to the depth of the encasement at the curb line. Where installed by open trench through unpaved areas, detector tape should be placed approximately one foot (1&#039;) above the encasement.&lt;br /&gt;
&lt;br /&gt;
Manholes or vent pipes are to be located at the right of way line or adjacent to the outer roadway.&lt;br /&gt;
&lt;br /&gt;
For fiber optic cable, encasement should extend from within six feet (6&#039;) of one right of way line to within six feet (6&#039;) of the other right of way line.&lt;br /&gt;
&lt;br /&gt;
Exceptions may be made for encasement as listed in [[#643.1.4.2_Exceptions_to_Encasement|EPG 643.1.4.2]].&lt;br /&gt;
&lt;br /&gt;
====643.1.3.3.2 Parallel Installations along Minor Routes====&lt;br /&gt;
New parallel installations on the right of way may be permitted provided that poles are within two feet (2&#039;) of the normal right of way line and underground utility facilities are within the utility corridor. Existing overhead or underground utility facilities that parallel an existing roadway which will be incorporated into a completed highway may remain in place if all maintenance and service can be performed without entering or leaving the roadway except at approved access points; without parking equipment or storing materials on the median, pavement, ramps, or shoulders; and the existing location does not interfere with construction, maintenance, or operation of the completed highway. If an existing parallel utility facility needs to be relocated so as to not interfere with the construction, maintenance, or operation of the completed highway, poles may be located within five feet (5’) of the right of way line.&lt;br /&gt;
&lt;br /&gt;
Underground utility facilities are expected to be buried within the utility corridor of sight distance triangles (SDTs) at roadway intersections unless granted a variance. Overhead utility facilities may be allowed to span intersecting roadways with SDTs provided the poles, or supports, are located outside the SDT.&lt;br /&gt;
&lt;br /&gt;
====643.1.3.3.3 Sanitary Sewers within the Right of Way of Minor Routes====&lt;br /&gt;
New installations of sanitary sewers should follow the applicable guidelines for either underground crossings or parallel installations as appropriate. An existing gravity trunk sanitary sewer should be considered individually and removed or left in place contingent upon its age, condition, feasibility of moving, and maintenance access. If an existing parallel gravity main is left in place within the limits of the paved surface, paved shoulder lines, or curb lines, stub mains as required will be laid between the sewer main and curb or shoulder lines for future service connections in each block. Manholes should be relocated outside the traveled roadway.&lt;br /&gt;
&lt;br /&gt;
===643.1.3.4 Roundabouts===&lt;br /&gt;
Regardless of roadway type, it is desirable to avoid locating utility facilities and their access points within the circulatory roadway. If possible, utility facilities are located in the legs of the roundabout to allow for future maintenance and access at an isolated leg versus affecting the entire roundabout. See [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_5_TypicalLocationofUtilityFacilitiesnearRoundabouts_AOD.pdf EPG Figure 643.1.5] for an example.&lt;br /&gt;
&lt;br /&gt;
===643.1.3.5 Utility Facilities in Scenic Enhancement Areas===&lt;br /&gt;
All existing utility facilities within the limits of a scenic enhancement area requiring adjustment because of construction or reconstruction will be placed underground or relocated beyond the limits of the scenic enhancement area. No new above ground facilities will be permitted. New underground facilities will be permitted provided they do not extensively alter or impair the appearance of the area.&lt;br /&gt;
&lt;br /&gt;
==643.1.4 Installation of Utility Facilities==&lt;br /&gt;
The following sections provide information on the physical installation of utility facilities within highway right of way.&lt;br /&gt;
&lt;br /&gt;
===643.1.4.1 Minimum Cover for Underground Facilities===&lt;br /&gt;
The minimum cover for new underground utilities is:&lt;br /&gt;
* Forty-two inches (42”) for all water lines (parallel and crossings).&lt;br /&gt;
* Forty-two inches (42”) for fiber optic cable (crossings encased in rigid conduit).&lt;br /&gt;
* Seventy-two inches (72”) for fiber optic cable (crossings encased in polyethylene (PE) pipe).&lt;br /&gt;
* Thirty inches (30”) for direct burial and in trench fiber optic cable (parallel).&lt;br /&gt;
* Twenty-four inches (24”) for all other direct burial copper or coaxial cable, (parallel).&lt;br /&gt;
* Seventy-two inches (72”) for uncased polyethylene (PE) gas pipe crossings under ditches and roadways but thirty inches (30”) elsewhere.&lt;br /&gt;
* Thirty inches (30”) for all other (such as, but not limited to, gravity sewers, forced sewers, and electric) underground utilities (both parallel and crossing).&lt;br /&gt;
&lt;br /&gt;
===643.1.4.2 Exceptions to Encasement===&lt;br /&gt;
Exceptions may be made for encasement as follows:&lt;br /&gt;
* Non-fiber communication or electric cables installed in ducts.&lt;br /&gt;
* Welded steel pipelines carrying gaseous or liquid petroleum products - provided they are cathodically protected against corrosion, triple-coated in accordance with accepted pipeline construction standards, and meet applicable material requirements.&lt;br /&gt;
* Natural gas distribution pipe (nominal six-inch (6”) diameter maximum) of polyethylene (PE) plastic, traceable, installed by a horizontal bore method at a minimum depth of seventy-two inches (72”) under ditches and roadways, constructed in accordance with and meeting applicable material requirements.&lt;br /&gt;
* Gas service connections protected and constructed in accordance with and meeting applicable material requirements.&lt;br /&gt;
* Encasement is not required for new trunk sanitary sewer crossings of vitrified clay, reinforced concrete or cast iron except when installation procedures would produce voids in the roadbed, heavy fills, or installations under pressure.&lt;br /&gt;
&lt;br /&gt;
===643.1.4.3 Above Ground or Ground Level Appurtenances===&lt;br /&gt;
Appurtenances protruding more than four inches (4”) above the ground line should be located outside the clear zone. If no feasible alternative exists and if permitted by a variance, appurtenances may be allowed within the clear zone if they meet breakaway criteria or will be shielded by a traffic barrier. Good design practice will provide that appurtenances be located at right of way jogs, along intersecting road right of way, or at other similar acceptable locations, so that encroachment is held to an absolute minimum. Cables, wires, small diameter pipes, and other such utility appurtenances extending from the surface of the ground should be equipped with covers or guards to improve their visibility. Appurtenances within sidewalks or street level pedestrian access routes are to be in conformance with the Americans with Disabilities Act requirements.&lt;br /&gt;
&lt;br /&gt;
The maximum pull box width perpendicular to the right of way line within the utility corridor is thirty inches (30”).&lt;br /&gt;
&lt;br /&gt;
===643.1.4.4 Overhead Utility Facilities===&lt;br /&gt;
The vertical clearance of new or existing overhead installations will not be less than the current minimum requirements of the National Electric Safety Code, but in no case less than eighteen feet (18’) inclusive of sag above the groundline for electrical facilities. Clearance may be reduced for overhead installations of cable, telephone, or fiber optic facilities.&lt;br /&gt;
A minimum radial clearance of twenty-five feet (25’) is provided from any utility facility to the nearest part of any bridge structure. A minimum radial clearance of ten feet (10’) is provided from the nearest charged electrical line to a MoDOT signal, lighting, ITS, or overhead sign structure.&lt;br /&gt;
&lt;br /&gt;
===643.1.4.5 Approved Materials===&lt;br /&gt;
Utility owners are allowed to use any material for underground utility facilities including carrier and encasement provided they accept responsibility for any future repairs and/or replacement of damaged MoDOT facilities should a failure occur. This will allow the use of current technology and procedures to provide the best value to its subscribers and the taxpayers of Missouri. For materials that MoDOT also uses in its highway system, utility owners must provide materials that meet the current [https://www.modot.org/missouri-standard-specifications-highway-construction Missouri Standard Specifications for Highway Construction]. For materials not listed in the Missouri Standard Specifications for Highway Construction, the utility owner should provide documentation of the standards used to determine suitability of the material.&lt;br /&gt;
&lt;br /&gt;
===643.1.4.6 Cutting===&lt;br /&gt;
In the event permission is granted to cut an existing concrete or asphalt pavement or sidewalk, the appropriate provisions below should be followed.&lt;br /&gt;
&lt;br /&gt;
====643.1.4.6.1 Pavement====&lt;br /&gt;
All pavement cuts should be made with a saw to the full depth of the pavement. The width of the cut is typically determined by the width of the trench plus a minimum one foot (1’) on each side of the trench. In the event the distance to any adjacent longitudinal or transverse joint or crack is less than four feet (4’), the pavement must be removed to the joint or crack. Cuts for perpendicular service tie-ins should be a minimum of three feet (3’) wide. Longitudinal main installations are typically cut at a minimum of half the lane width, but in no instance should the cut be along the wheel path of the lane.&lt;br /&gt;
[[File:fig_643.1.6-06_2026.jpg|800px|none|thumb|Figure 643.1.6 Pavement Repair Dimension Requirements.]]&lt;br /&gt;
&lt;br /&gt;
The utility facilities should be placed in a location with the least impact to the roadway. Typically, this leads to placement in the shoulder when available followed by the two-way left turn lane (TWLTL), and then outside lanes before allowing placement in interior through lanes. Lane switching should be kept to a minimum and should not be used to minimize repair sizes. Cuts for mains or service leads that may not be perpendicular to the roadway should be squared-off.&lt;br /&gt;
&lt;br /&gt;
Replacement of cut pavement should be full depth concrete in accordance with the current version at the time of installation of Section 613.10 Full Depth Pavement Repairs of the Missouri Standard Specifications for Highway Construction and the Missouri Standard Plans for Highway Construction. If the area of the pavement repair is not to be fully resurfaced all joints including the overcut from the sawing operation should be filled with an expansive mortar, epoxy, polyester, or joint material as approved by the Engineer in accordance with Section 1057 of the Missouri Standard Specifications for Highway Construction.&lt;br /&gt;
&lt;br /&gt;
====643.1.4.6.2 Pedestrian Access Routes====&lt;br /&gt;
All cuts in the pedestrian access routes whether asphalt or concrete should be made by saw and be the full depth of the material. Entire slabs of concrete sidewalk should be removed. Repair of the pedestrian access route must meet Americans with Disability Act requirements, see [[:Category:642_Pedestrian_Facilities|EPG 642]]. Cuts through curb ramps or detectable warning areas are not permitted. Rather the entire curb ramp or detectable warning area must be removed and replaced. MoDOT district ADA contacts can help ensure ADA compliance of impacted pedestrian access routes.&lt;br /&gt;
&lt;br /&gt;
===643.1.4.7 Non-disturbance Areas===&lt;br /&gt;
MoDOT has certain areas of right of way where mowing, spraying, digging, or other vegetation disturbance activities are restricted. These areas have been established to mitigate the environmental impacts of a previous project and should be avoided. If the areas cannot be avoided, contact MoDOT’s Environmental Section.&lt;br /&gt;
&lt;br /&gt;
==643.1.5 Bridge Attachment Policy==&lt;br /&gt;
No utility facility will be permitted in or on a structure carrying an interstate or other freeway unless it is part of a federal requirement or for MoDOT’s use. When the structure carries any other road type and no other practical means exists for the crossing, wires (communication, electrical, fiber, or metal) will be permitted. Electrical lines must be located to cause minimum exposure to MoDOT maintenance personnel and the public. Pressurized pipelines for gas or other petroleum products and water and all sewer lines are prohibited on all structures due to the risks associated with their failure.&lt;br /&gt;
&lt;br /&gt;
===643.1.5.1 Agreement===&lt;br /&gt;
An agreement is required for all utility facilities attached to any structure. A charge will be made for the increased maintenance costs involved. This fee is set by the Bridge Division. When permitted, a 50-year occupational agreement is executed with the utility owner. Agreement BR04 Utility Attachment Agreement is used when an attachment is added to a bridge during its construction. Agreement BR09 Bridge Attachment Agreement is used when an attachment is added to an existing bridge.&lt;br /&gt;
&lt;br /&gt;
===643.1.5.2 Requests===&lt;br /&gt;
Requests to attach facilities to structures is a multi-step process. Bridge Division is responsible for approval of the bridge attachment. If at any point in the process, Bridge Division determines the attachment to be unacceptable, a reason is to be provided.&lt;br /&gt;
&lt;br /&gt;
To start, the utility owner submits a conceptual request to the district utilities staff. The conceptual request consists of an explanation of the proposal; a general location sketch (i.e., which side of the bridge); and details on the facility, length, and weight per foot when full. The district utilities staff should work with all relevant district personnel including the District Bridge Engineer in reviewing and recommending the attachment. The district utilities staff will submit the recommended details to the Bridge Division to determine the applicable costs including future maintenance costs and for attachments to new bridges, design and construction. Once the Bridge Division has determined the cost, the district utilities staff shares the cost with the utility owner for their concurrence with furthering the process. For new bridges, if the utility owner concurs with the costs, the district utility staff will prepare the BR04 Agreement for execution by the utility owner and the Commission. MoDOT will be responsible for the design and construction of attachments to new bridges. For existing bridges, the district utilities staff will forward the applicable as-built bridge plans to the utility owner for its use in designing the bridge attachment. The utility owner will provide detailed design drawings, signed and sealed by a professional engineer in the State of Missouri, to the district utilities staff for review. The district utilities staff should work with all relevant district personnel, including the District Bridge Engineer, in reviewing and recommending the details of the attachment to the Bridge Division. Once Bridge Division approves, the Bridge Division will prepare the BR09 Agreement for execution by the utility owner and the Commission. The utility owner is responsible for the construction of attachments to existing bridges. A flow chart, [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_7_BridgeAttachementProcess_AOD.pdf EPG Figure 643.1.7], of the process is available.&lt;br /&gt;
&lt;br /&gt;
Payment from the utility owner for the attachment will be sent to Financial Services by district utilities staff. For BR04 agreements, district utilities staff should discuss with Financial Services how to get the payment credited to the project constructing the attachment. For BR09 agreements, district utilities staff should copy Bridge Division on correspondence with Financial Serves. Checks should be made payable to Director of Revenue, Credit State Road Fund.&lt;br /&gt;
&lt;br /&gt;
For requests from government entities such as cities, counties, and other municipalities, the requested information should be submitted to Bridge Division as described above. However, the district utilities staff will take the lead in preparing the DE10 County Agreement or DE11 Municipal Agreement, as applicable, with input from Bridge Division and Bridge Maintenance. All fees are waived for government entities.&lt;br /&gt;
&lt;br /&gt;
===643.1.5.3 Considerations===&lt;br /&gt;
The following considerations are made in determining the acceptability of a bridge attachment. Unique situations will be discussed with the Bridge Division as required.&lt;br /&gt;
&lt;br /&gt;
====643.1.5.3.1 Bridge Asset Management Program====&lt;br /&gt;
Requests for bridge attachments should be reviewed for consistency with the district’s upcoming bridge asset management program needs. If a structure is due for rehabilitation or replacement in the near future, information should be provided to the utility owner indicating existing remaining life of the bridge. In some instances, it may be in MoDOT’s best interest to deny the request for attachment outright. In some instances, the utility owner may still choose to pursue the short-term attachment to the existing structure. In almost all cases, the utility owner is responsible for the cost of removing and/or relocating their utility facilities for a necessary repair, widening, improvement or reconstruction of the structure. Review existing agreements for cost responsibility for current attachments.&lt;br /&gt;
&lt;br /&gt;
====643.1.5.3.2 Aesthetics====&lt;br /&gt;
In reviewing a request for a bridge attachment, how the structure is viewed by the public will be considered. For example, is the structure over a scenic stream that is extensively used by canoeists, or does the structure span a road that may provide access to a park, campgrounds, or boat launching facilities? Is the structure a grade separation where the motoring public will see the attachment before they pass under it?&lt;br /&gt;
&lt;br /&gt;
====643.1.5.3.3 Method of Attachment====&lt;br /&gt;
In order to maintain structural integrity of any structures the following requirements will apply for attachments.&lt;br /&gt;
&lt;br /&gt;
=====643.1.5.3.3.1 Welding=====&lt;br /&gt;
Welding of hardware to structural steel members (i.e., flanges, webs, stiffeners, and diaphragms) whether in tension or compression is not permitted.&lt;br /&gt;
&lt;br /&gt;
=====643.1.5.3.3.2 Drilling=====&lt;br /&gt;
Drilling holes in any structural steel member is not permitted. Drilling holes for anchors into any prestressed concrete member is not permitted. Although permitted, drilling holes for anchors into the underside of bridge decks must be done with caution. It is recommended all anchors be installed to miss deck reinforcing steel. Generally, drilling into decks will not be allowed where sonotubes were used (voided slab bridges). The depth of the holes should be such that breaking out of the concrete on the top side of the deck does not occur.&lt;br /&gt;
&lt;br /&gt;
=====643.1.5.3.3.3 Corrosion=====&lt;br /&gt;
Attachment hardware will be new, properly coated to prevent corrosion or be of a non-corrosive material, and be designed to support the facility.&lt;br /&gt;
&lt;br /&gt;
====643.1.5.3.4 Location====&lt;br /&gt;
In general, attachments are made on the underneath side of the bridge deck. The condition of the bridge deck will dictate the location of the attachment supports. An exception may be attachments to trusses or other overhead structures.&lt;br /&gt;
&lt;br /&gt;
Attachments that may require manholes in bridge decks are not allowed.&lt;br /&gt;
&lt;br /&gt;
When attachments are required to structures over streams that may carry large drifts, they must be attached to the downstream side of the structure and above the lowest superstructure element. It is preferred to locate the attachment on the outside of the exterior girder. If aesthetics are a concern, a better appearance can be achieved by having the attachment made to the inside of the exterior girder and above the bottom of the lower flange to hide the conduit and the attaching hardware.&lt;br /&gt;
&lt;br /&gt;
Placement of utilities must not prevent the removal of old paint, the application of new paint on superstructure steel, or cause debris buildup, which could cause structural deterioration.&lt;br /&gt;
&lt;br /&gt;
====643.1.5.3.5 Construction and Maintenance====&lt;br /&gt;
If the attachment cannot be built while maintaining one (1) lane of traffic on the structure, it will not be allowed.&lt;br /&gt;
&lt;br /&gt;
Construction procedures that severely impact traffic may factor into the allowable location of the attachment on the structure.&lt;br /&gt;
&lt;br /&gt;
When scaffolding is to be attached or supported by bridge rails, bridge superstructure, or bridge substructure, the procedures for construction of the attachment must be reviewed.&lt;br /&gt;
&lt;br /&gt;
The utility owner or local entity will pay for, or be responsible for, the painting of the attachment, if necessary, when the bridge requires painting.&lt;br /&gt;
&lt;br /&gt;
==643.1.6 Private Lines==&lt;br /&gt;
Private lines are permitted to cross the right of way of a highway in the same manner as outlined for all utility facilities in above sections of this article. Parallel installations along the right of way of a highway are not permitted. Special conditions at a specific location that make adherence to this policy impractical will be submitted to the Chief Engineer for consideration of an acceptable alternative. In certain situations, it may be necessary to obtain approval from the Federal Highway Administration (FHWA) before approval to use the alternative can be given to the private utility owner.&lt;br /&gt;
&lt;br /&gt;
==643.1.7 Water and Sewer Separations==&lt;br /&gt;
The Missouri Department of Natural Resources (MoDNR) Safe Drinking Water Commission via 10 CSR 60-10 and Clean Water Commission via 10 CSR 20-8 govern the design of water and sewer lines in the vicinity of one another. Basic criteria are outlined below for information, and details are contained within the regulations. MoDOT is not responsible for providing or acquiring adequate right of way for utility owners to comply with MoDNR requirements.&lt;br /&gt;
&lt;br /&gt;
===643.1.7.1 Water and Sewer Separations===&lt;br /&gt;
====643.1.7.1.1 Horizontal====&lt;br /&gt;
Sanitary and storm sewers are to be laid at least ten feet (10’) horizontally measured from outside edge to outside edge from any existing or proposed water main. In cases where it is not practical to maintain ten feet (10’) of separation, installation of the water main closer to the sewer is acceptable where the water main is installed in a separate trench or on an undisturbed earth shelf located on one (1) side of the sewer at an elevation so the bottom of the water main is at least eighteen inches (18”) above the top of the sewer.&lt;br /&gt;
&lt;br /&gt;
===643.1.7.2 Crossings===&lt;br /&gt;
Water mains are to be laid to provide a minimum vertical distance of eighteen inches (18”) vertically measured outside edge to edge from sanitary or storm sewers. This is the case whether the water main is above or below the sewer. One (1) full length of water pipe must be located so both joints will be as far from the sanitary or storm sewer line as possible. Special structural support for the water main or sanitary or sewer main may be required.&lt;br /&gt;
&lt;br /&gt;
===643.1.7.3 Exception===&lt;br /&gt;
When it is impossible to obtain proper horizontal and vertical separation as stipulated, the sewer will be designed and constructed equal to water pipe and will be pressure-tested to assure it is watertight prior to backfilling.&lt;br /&gt;
&lt;br /&gt;
===643.1.7.4 Water Supply Interconnections===&lt;br /&gt;
No physical connection is permitted between a public or private potable water supply system and any sanitary or storm sewer or appurtenance that would permit the passage of any sewage or polluted water into the water supply. No water pipe is permitted to pass through or come in contact with any part of a sanitary sewer manhole.&lt;br /&gt;
&lt;br /&gt;
===643.1.7.5 Water Works Structures===&lt;br /&gt;
Sewers are not permitted to be installed within fifty feet (50’) in any direction from any existing or proposed public water supply well or other water supply sources or structures.&lt;br /&gt;
&lt;br /&gt;
==643.1.8 Variances==&lt;br /&gt;
Occasionally, it is impractical to locate a utility facility in accordance with requirements outlined in this article. MoDOT may consider a utility owner’s request for a variance from these requirements on a case-by-case basis. The utility owner should complete a [https://epg.modot.org/forms/general_files/DE/UtilityVarianceApprovalForm.docx Utility Variance Approval Form] to be submitted to MoDOT for consideration. Variances on the Interstate System require approval of the Federal Highway Administration (FHWA). A flow chart, [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_8_VarianceApprovalProcess.pdf EPG Figure 643.1.8], of the variance process is available.&lt;br /&gt;
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A variance will not be permitted just for the convenience of the utility owner. The utility owner requesting a variance must provide all necessary information to properly evaluate if a variance should be approved. For example, a utility owner requesting a variance because “the utility corridor is full” must explore all reasonable options. It is suggested that the requestor pothole the existing utility corridor to confirm the location of existing utility facilities and provide that data to support the need to locate outside of the utility corridor due to its congestion.&lt;br /&gt;
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===643.1.8.1 Variance Process===&lt;br /&gt;
Any utility owner of a public utility facility may apply for a variance. The process for requesting a variance is as follows:&lt;br /&gt;
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====643.1.8.1.1 Submittal Requirements====&lt;br /&gt;
Utility owners submit to the district utilities staff a written request for a variance using the [https://epg.modot.org/forms/general_files/DE/UtilityVarianceApprovalForm.docx Utility Variance Approval Form]. The utility owner must clearly show the provision(s) or guideline(s) for which the variance is being requested; the condition(s) which the utility owner believes warrant(s) the granting of a variance; a thorough explanation of the reason(s) for the requested variance, including sufficient and appropriate documentation of safety, aesthetic, or constructability constraints that would be adverse to the function, access, or maintenance of the utility facility and not in the best interest of the public.&lt;br /&gt;
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====643.1.8.1.2 MoDOT Consideration of Variance Request====&lt;br /&gt;
The utility owner bears full responsibility for demonstrating to MoDOT’s satisfaction that the variance is the most appropriate way to serve the public interest. MoDOT may present to the utility owner and the utility owner must consider reasonable alternatives to the variance requested by the utility owner. In determining whether to grant a variance, district utilities staff will consider all relevant factors including, but not limited to: the requested variance is reasonably necessary for the convenience, safety, health, and/or welfare of the public; there is an exceptional or undue burden or hardship on the specific applicant; a physical impracticability that would result from the applicant’s adherence to the normal location requirements; and the requested variance will not impair the safe construction, maintenance, operation, and safety of public travel on the highway. District utilities staff may consult with the Design Liaison Engineer in evaluating variances.&lt;br /&gt;
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====643.1.8.1.3 Approval of Variances====&lt;br /&gt;
Once district utilities staff have agreed to accept a variance proposed by the utility owner, the [https://epg.modot.org/forms/general_files/DE/UtilityVarianceApprovalForm.docx Utility Variance Approval Form] and all supporting documentation is sent to the District Design Engineer (DDE) for approval. If a variance is on interstate right of way, the DDE-signed Variance Request Form and all supporting documentation is forwarded to the Design Liaison Engineer who will forward to FHWA for their concurrence.&lt;br /&gt;
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====643.1.8.1.4 Variance Appeal Informal Hearing====&lt;br /&gt;
If denied a variance, the utility owner has thirty (30) calendar days to request an informal hearing for the purpose of appealing the denial. Requests must be made in writing to the State Design Engineer, Missouri Department of Transportation, P.O. Box 270, Jefferson City, MO 65102. If the utility owner requests an informal hearing, MoDOT’s authorized representative will advise the applicant of the time, date, and place of the hearing. The hearing is not a contested case under RSMo 536. The rules of evidence will not apply at the hearing, and MoDOT’s decision after the conduct of the hearing is not subject to further appeal.&lt;br /&gt;
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==643.1.9 Excess Right of Way==&lt;br /&gt;
Prior to conveyance of excess right of way, the status of utility facilities within said parcel must be addressed. See [[236.5_Property_Management#236.5.12_Excess_Land_Conveyances_&amp;amp;_Relinquishments_–_Regulated_Utilities|EPG 236.5.12]].&lt;br /&gt;
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==643.1.10 Broadband==&lt;br /&gt;
Broadband development in the state of Missouri is handled by the Department of Economic Development (DED). MoDOT shares its approved Statewide Transportation Improvement Program (STIP) project list with DED. All MoDOT policies related to placement of utility facilities within Commission right of way as outlined in this EPG article 643.1 are to be followed.&lt;br /&gt;
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&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643.2 Utilities in Program Delivery &#039;&#039;PAGE TITLE&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt; &lt;br /&gt;
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==643.2.1 Introduction==&lt;br /&gt;
Improvements to the highway system often require negotiation between the Commission and a city, a county, or a public or private utility owner. The Commission’s district utilities staff is responsible for coordination of highway improvement projects with the utility owner’s representative. The impact to a utility, the responsibility for the cost of adjustments necessary to allow highway construction, the plan of adjustment of the utility, the responsibility of performance of work on utility facilities, and the schedule of the utility adjustment are all items that vary depending on the project and should be investigated and negotiated to ensure highway improvement projects are delivered on-time and on-budget. These should comply with Commission policy. A flowchart [link here] outlining all the utility adjustment processes (reimbursable and non-reimbursable relocations, Master Reimbursable Utility Agreements and Project Specific Agreements, etc.) are available in the list of figures at the top of the page. These processes will not always be in combination, but each should be considered with each project.&lt;br /&gt;
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The district utilities staff, in conjunction with the Transportation Project Manager (TPM), is expected to invite and encourage participation of utility owner representatives in MoDOT project meetings as needed.&lt;br /&gt;
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When a project involves utility adjustments for which the Commission is responsible for costs, the TPM should program the costs of the utility adjustments as non-contractual construction costs in the STIP Information Management System (SIMS).&lt;br /&gt;
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==643.2.2 Annual Utility Meeting==&lt;br /&gt;
Each district should hold an annual meeting with utilities to discuss current STIP projects in the district. The annual meeting should be held during each year&#039;s STIP preparations, ideally between January and May. All utility owners that have utility facilities in the district should be invited. The intent is to provide the utility owners with an idea of upcoming projects to allow them the opportunity to plan and budget for potential adjustments of their utility facilities, identify both MoDOT and utility roadblocks, and develop action plans to complete utility adjustments better, faster, and cheaper.&lt;br /&gt;
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==643.2.3 Determination of Existing Utilities==&lt;br /&gt;
District utilities staff should determine the appropriate level of effort needed to accurately identify existing utilities within the footprint of a proposed highway construction project. Aboveground utilities are easily identifiable via field checks; however, determination of the precise location of underground utilities can be more challenging and time consuming. Therefore, the district utilities staff should balance the risk of conflict with the highway construction project against the level of effort needed to determine the location.&lt;br /&gt;
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The level of effort on mapping utilities is dependent on the scope of the project and the potential for utilities having an impact on the construction of the project. The project schedule should include the time to complete this task accurately. The time and effort necessary for having accurate locates requires close interaction with the utility locators. Early contact with utility owner representatives may be necessary to accurately locate underground utility facilities.&lt;br /&gt;
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Various methods of determining existing underground utilities result in different levels of quality. ASCE Standard 38 Standard Guidance for Investigating and Documenting Existing Utilities classifies four levels of quality:&lt;br /&gt;
:1. Quality Level D: QL-D is the most basic level of information for utility locations. It comes solely from existing utility records or verbal recollections, both typically unreliable sources. It may provide an overall &amp;quot;feel&amp;quot; for the congestion of utilities but is often highly limited in terms of comprehensiveness and accuracy. QL-D is useful primarily for project planning and route selection activities.&amp;lt;br&amp;gt;&lt;br /&gt;
: Missouri 811 or “private-locate” markings are to be considered to be QL-D.&lt;br /&gt;
:2. Quality Level C: QL-C is probably the most used level of information. It involves surveying visible utility facilities (e.g., manholes, valve boxes, etc.) and correlating this information with existing utility records (QL-D information). When using this information, it is not unusual to find that many underground utilities have been either omitted or erroneously plotted. Therefore, its usefulness is primarily on rural projects where utilities are not prevalent or are not too expensive to repair or relocate.&lt;br /&gt;
:3. Quality Level B: QL-B involves the application of appropriate surface geophysical methods to determine the existence and horizontal position of virtually all utilities within the project limits. This activity is called &amp;quot;designating&amp;quot;. The information obtained in this manner is surveyed to project control. It addresses problems caused by inaccurate utility records, abandoned or unrecorded utility facilities, and lost references. The proper selection and application of surface geophysical techniques for achieving QL-B data is critical. Information provided by QL-B can enable the accomplishment of preliminary engineering goals. Decisions regarding location of storm drainage systems, footers, foundations, and other design features can be made to avoid conflicts with existing utilities. Slight adjustments in design can produce substantial cost savings by eliminating utility relocations.&lt;br /&gt;
:4. Quality Level A: QL-A, also known as &amp;quot;locating or potholing&amp;quot;, is the highest level of accuracy presently available and involves the full use of the subsurface utility engineering services. It provides information for the precise plan and profile mapping of underground utilities through the nondestructive exposure of underground utilities, and provides the type, size, condition, material, and other characteristics of underground features.&lt;br /&gt;
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For projects with scopes that have potential for utility conflicts, the minimum level of effort required is SUE Quality Level D. Locations of existing utilities are determined by requesting locates through Missouri 811, also known as the “One-Call” process. Missouri 811 locating requests should be carefully considered for the scope of work of the project. When necessary, the location of existing utilities should be established by a field survey of locate markings and features and shown on the roadway plans. Higher level SUE Quality Levels can be used on any project. Adjustment cost savings, whether to the MoDOT or to the utility owner, are beneficial to the taxpayer. Good SUE projects are typically urban in nature, or in congested areas, where the project footprint is to be minimized, or anytime accurate vertical and horizontal location of the utility facility might allow a design to avoid the utility facility thus preventing the need for the adjustment. The SUE process combines civil engineering, surveying, and geophysics. It utilizes several technologies, including vacuum excavation and surface geophysics.&lt;br /&gt;
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When proposed excavation or installation of subsurface features (drainage, equipment bases, etc.) falls within three feet (3’) of a marked Missouri 811 line, soft digging (hand digging, potholing, vacuum methods, pressurized air/water jetting, pneumatic hand tools, etc.) is required to more exactly locate the utility facility both horizontally and vertically. Utility facilities present within the right of way by permit, should be investigated by the utility owner. Utility facilities that would be reimbursable or partially reimbursable as defined in EP 643.2.8 will be investigated by MoDOT.&lt;br /&gt;
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==643.2.4 Conflict Determination==&lt;br /&gt;
Determination of whether a conflict exists between an existing utility facility and a proposed highway improvement project should occur at the earliest possible stage of project development. A conflict may be the result of the physical interaction between the roadway infrastructure and utility facility, a reduction in cover or increase in fill over underground utilities, a reduction in horizontal clearance whether above or below ground, a reduction in overhead vertical clearance, paving over utilities, or restricting a utility owner’s access to its utility facilities. District utilities staff should work with utilities to determine if a conflict exists and the appropriate plan of adjustment to remedy the conflict. The adjustment to the utility may be a relocation or another measure that protects the utility or access to the utility from the proposed highway improvement project. Determination of a conflict needs to be continually re-evaluated as the project design progresses. Continuing coordination is essential.&lt;br /&gt;
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==643.2.5 Utility Plan of Adjustment==&lt;br /&gt;
===643.2.5.1 Request for Plan of Adjustment===&lt;br /&gt;
District utilities staff will request a plan of adjustment from utility owners whose utility facilities are in conflict with a proposed highway project. The plan of adjustment may consist of efforts to relocate the utility or otherwise protect a utility from the impacts of the proposed highway project. Utilities are shown on the roadway plan and profiles sheets that are furnished to utility owners for use in planning required utility adjustments. Any other sheets such as drainage, traffic signal, lighting, or ITS plans that show impacts to a utility facility should also be provided to the utility owners. All adjustments, reimbursable or not, require a plan of adjustment furnished by the utility owner.&lt;br /&gt;
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A transmittal letter is included in the request for a plan of adjustment. The letter informs the utility owner that regardless of whether an adjustment is reimbursable, no physical adjusting or relocating of their utility facilities to accommodate the proposed highway improvement is to be performed without specific approval and authorization. Additionally, if any part of the adjustment has the potential to be reimbursable, they are advised:&lt;br /&gt;
# They may undertake preliminary engineering by their own forces upon approval by district utilities staff of the estimated costs of preliminary engineering.&lt;br /&gt;
# They may employ a consultant to do the PE work provided they request and obtain prior approval. See [[#643.2.6_Preliminary_Engineering_Requirements|EPG 643.2.6 Preliminary Engineering Requirements]].&lt;br /&gt;
# Any preliminary engineering costs accrued prior to the date of written authorization to proceed will not qualify for reimbursement.&lt;br /&gt;
# Replacement right of way or easements cannot be purchased without specific approval and authorization.&lt;br /&gt;
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===643.2.5.2 Proposed Plan of Adjustment===&lt;br /&gt;
Developing a plan of adjustment is a multi-step process. The utility owner will propose a conceptual approach to adjusting the utility facilities to allow highway construction. This conceptual approach is used as the basis for determining cost responsibility, estimate of costs for preliminary engineering and construction, developing the agreement if necessary, and final design of the adjustment. Negotiations between district utility staff and the utility owner’s representative can result in changes to the design throughout the process.&lt;br /&gt;
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Final plans of adjustment must contain a legend on the first sheet identifying the utility symbols used. They must also show the existing utility facilities and their disposition, the location of the new or adjusted utility facilities, the existing and new right of way lines, the limited or fully controlled access symbols (where applicable), the existing and proposed roadways, ramps, and outer roadways and any other pertinent roadway information. They must contain sufficient details concerning location, elevation, compaction, clean up, etc. to provide for the proper adjustment of the utility facility. Relocated and/or existing utility facilities that will remain in place must be dimensioned or indicated in a manner to show their location in respect to the right of way lines. It is preferred that the utility owner transmits the plan of adjustment by electronic deliverables in a format that can be incorporated into the roadway plans. This will reduce the time and effort necessary as well as increase the accuracy of transferring this information into the roadway plans.&lt;br /&gt;
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Plans of adjustment received from the utility owner are to be checked for compliance with MoDOT’s requirements ([[#643.1_Utilities_Location|EPG 643.1 Utility Location]]) by the district utilities staff. They are also checked to ensure compatibility with the roadway design. Any continuing conflicts are resolved through negotiations with the utility owner.&lt;br /&gt;
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Occasionally, it is impractical to perform a utility adjustment in accordance with MoDOT’s requirements. Sometimes the utility may request approval of a plan of adjustment that does not conform to these requirements. Deviation from MoDOT’s utility requirements is a variance. Refer to [[#643.1.8_Variances|643.1.8 Variance Process]] for additional guidance.&lt;br /&gt;
The final plan of adjustment is included as Exhibit “A” to the agreement ([[#643.2.12_Utility_Agreements|EPG 643.2.12 Agreements]]).&lt;br /&gt;
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==643.2.6 Preliminary Engineering Requirements==&lt;br /&gt;
Preliminary engineering (PE) can be performed one of four ways for utility adjustments:&lt;br /&gt;
# The utility owner can use its own engineering forces.&lt;br /&gt;
# MoDOT can select an engineering consultant, after consultation with the utility owner, and the consultant contract will be administered by MoDOT.&lt;br /&gt;
# The utility owner can select an engineering consultant, with approval by MoDOT, and the consultant contract will be administered by the utility owner.&lt;br /&gt;
# If a utility adjustment is being included in a MoDOT administered construction contract, the preliminary engineering of the adjustment can be provided by MoDOT.&lt;br /&gt;
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For reimbursable utility adjustments, the amount paid to engineers, architects, and others for required engineering and allied services can be included in reimbursement amount provided such amounts are not based on a percentage of the costs of the necessary adjustments to allow highway construction. Reimbursement is available for contracts executed after solicitation of a consultant for the specific adjustment or existing continuing contracts when it is demonstrated that such work is performed regularly for the utility owner in its own work and that the costs are reasonable.&lt;br /&gt;
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A [https://epg.modot.org/forms/general_files/DE/UtilityConsultantContractChecklist.docx checklist is available for reviewing consultant-engineering contracts] to ensure the contract conforms to MoDOT policy and complies with applicable federal regulations. District utilities staff should use the checklist to review contracts and may consult with Audits and Investigations Division as necessary. The procedures in 23 CFR part 172, Administration of Engineering and Design Related Service Contracts may be used as a guide for reviewing proposed consultant contracts. [[:LPA:136.4_Consultant_Selection_and_Consultant_Contract_Management|EPG 136.4 Consultant Selection and Consultant Contract Management]] may also be used as a guide.&lt;br /&gt;
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===643.2.6.1 Solicited Consultant Contracts===&lt;br /&gt;
If solicitation of PE services is required for reimbursable utility adjustments, the utility owner must provide the following documents and information to district utilities staff. These documents need to be provided as soon as the utility owner has chosen to solicit a consultant. Document 1 must be supplied by all utility owners. Documents 2 and 3 are only required when the utility owner is a local government agency who is also a political subdivision of the state of Missouri (e.g., city-owned utilities, county-owned utilities). All other utility owners are encouraged, but not required, to provide Documents 2 and 3:&lt;br /&gt;
# A statement that the utility owner is not staffed or able to perform the required PE services with its own forces.&lt;br /&gt;
# Provide the names of at least three (3) consultants considered.&lt;br /&gt;
# The criteria used to evaluate each consultant and reasons why the selected consultant was selected.&lt;br /&gt;
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The following documents need to be provided as soon as the utility owner has successfully negotiated and entered into a contract with the consultant:&lt;br /&gt;
# The name and address of the selected consultant.&lt;br /&gt;
# A statement that the &amp;quot;[https://epg.modot.org/forms/general_files/DE/CertificationOfConsultant.docx Certification of Consultant]&amp;quot; will be furnished immediately upon award of the contract to the consultant.&lt;br /&gt;
# One executed copy of the proposed engineering contract or agreement between the utility owner and consultant, only if the engineering will exceed $5,000.00.&lt;br /&gt;
# The consultant&#039;s fixed (lump sum) or estimated fee (actual cost) and the contract maximum.&lt;br /&gt;
# A cost summary providing a detailed breakdown of the basis for the consultant&#039;s compensation, including estimated labor hours, hourly rates for each classification, overhead rate (if used), the amount of profit charged, and any other estimated charges such as travel expenses, equipment rentals, etc. If an overhead rate is used, the consultant must also submit the supporting overhead rate calculations.&lt;br /&gt;
# An independent cost estimate of engineering services provided by the utility owner to use in comparison to the consultant’s proposed engineering services to check for cost reasonableness.&lt;br /&gt;
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===643.2.6.2 Continuing Consultant Contracts===&lt;br /&gt;
When a utility owner chooses to use an existing continuing contract for PE services, the utility owner must provide the following documents and information to the district utilities staff as soon as possible.&lt;br /&gt;
# A statement that the utility owner is not staffed or able to perform the engineering with its own forces.&lt;br /&gt;
# The name and address of the consultant under the existing continuing contract.&lt;br /&gt;
# A statement that the &amp;quot;[https://epg.modot.org/forms/general_files/DE/CertificationOfConsultant.docx Certification of Consultant]&amp;quot; will be furnished.&lt;br /&gt;
# A copy of the continuing contract to the district utilities staff. The district utilities staff will review the contract for reasonableness of cost.&lt;br /&gt;
# The consultant&#039;s fixed (lump sum) or estimated fee (actual cost) and the contract maximum for the work associated with the utility adjustment.&lt;br /&gt;
# A cost summary providing a detailed breakdown of the basis for the consultant&#039;s compensation, including estimated labor hours, hourly rates for each classification, overhead rate (if used), the amount of profit charged, and any other estimated charges such as travel expenses, telephone, etc. If an overhead rate is used, the consultant must also submit the supporting overhead rate calculations.&lt;br /&gt;
# An independent cost estimate of engineering services provided by the utility owner to use in comparison to the consultant’s proposed engineering services to check for cost reasonableness.&lt;br /&gt;
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===643.2.6.3 Consultant Contract Changes===&lt;br /&gt;
If a PE services contract between a utility owner and a consultant needs to be revised, a copy of the revised contract, fee, and schedule should be submitted by the utility owner to the district utilities staff prior to allowing for contract changes. District utilities staff should review the contract changes to ensure the revised contract conforms to MoDOT policy and complies with applicable federal regulations.&lt;br /&gt;
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==643.2.7 Environmental and Right of Way==&lt;br /&gt;
===643.2.7.1 Utilities and Environmental Clearances===&lt;br /&gt;
District utilities staff should coordinate with the TPM and utility owner’s representative to understand and communicate on known environmental and cultural constraints that could impact a utility owner’s plan of adjustment. This will allow the utility owner to consider permitting timelines and alternatives that avoid environmental or cultural resources to keep the project on schedule.&lt;br /&gt;
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One strategy to make project delivery more efficient and ensure regulatory compliance is for MoDOT to obtain the environmental and cultural resource permits and clearances for the utility owners associated with a roadway improvement while obtaining its own. This would generally only be for the permits and regulatory clearances MoDOT already needs to pursue as a part of the transportation improvement.&lt;br /&gt;
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District utilities staff should coordinate with the utility owner’s representative early in the project timeline to determine if it is in the best interest of both MoDOT and the utility owner to obtain permits and environmental clearances jointly. The following strategies can be utilized to determine if a joint approach to environmental work should be pursued:&lt;br /&gt;
* If utility facilities are moving to a location within or immediately adjacent to MoDOT right of way, a utility owner may be invited to participate in permitting and environmental compliance activities.&lt;br /&gt;
* If utilities move to a location not within or adjacent to MoDOT right of way, the utility company would not normally be invited to participate in permit applications and environmental compliance activities. However, some unique projects may necessitate further attention and should be discussed with the Design Liaison Engineer.&lt;br /&gt;
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If MoDOT and the utility owner agree to obtain joint permits and clearances, written communication between the utility owner’s representative and the district utilities staff should document the following items:&lt;br /&gt;
* List of the permits and clearances that MoDOT will acquire on behalf of the utility owner.&lt;br /&gt;
* List of the information needed from the utility owner in order for MoDOT to acquire the permits and clearances.&lt;br /&gt;
* Schedule and deadlines for submittal of the information by the utility owner. For example: utility plans, fill quantities, construction methods, dates, or seasons of construction.&lt;br /&gt;
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Permits and clearances that may be needed by both a utility owner and MoDOT include:&lt;br /&gt;
* [[127.7_Threatened_and_Endangered_Species|Endangered Species Act consultation and clearance]]&lt;br /&gt;
* [[127.2_Historic_Preservation_and_Cultural_Resources#127.2.1.1_Historic_Preservation_Regulations_and_Laws|Section 106 of the National Historic Preservation Act clearance]]&lt;br /&gt;
* [[127.10_Section_4(f)_Public_Lands|Section 4(f) clearance]]&lt;br /&gt;
* [[127.10_Section_4(f)_Public_Lands#127.10.1.4_Section_6(f)_Laws_and_Regulations|Section 6(f) of the Land and Water Conservation Fund Act clearance]]&lt;br /&gt;
* [[127.4_Wetlands_and_Streams|Section 401 and Section 404 of the Clean Water Act permits]]&lt;br /&gt;
* [[:Category:806_Pollution,_Erosion_and_Sediment_Control#806.1_Introduction_(see_Sec._806)|Section 402 of the Clean Water Act permit (State Operating Permit for Erosion Control)]]&lt;br /&gt;
* [[127.8_Hazardous_and_Solid_Waste|Recommendations on contaminated soil disposition]]&lt;br /&gt;
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===643.2.7.2 Right of Way Acquisition and Utilities===&lt;br /&gt;
The Commission is obligated to acquire the width of right of way required by the design of the highway improvement. For utility facilities currently located within the Commission’s right of way, this includes the necessary space for the utility facilities impacted by the design of the highway improvement. Either additional right of way width to accommodate a utility corridor or a utility easement can be obtained for the relocation of utility facilities. When drainage easements are acquired along a channel, additional space for utility facilities should be considered to avoid conflicts between the utility facility and the bridge or culvert.&lt;br /&gt;
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District utilities staff should inform the utility owner’s representative of the potential of a conflict between an existing utility facility and a proposed highway construction project early in the project development process to allow sufficient time for the utility owner to prepare a plan of adjustment and notify the district utilities staff of any easement needs. When utility facilities are located on a utility owner’s private easement, the utility owner may obtain its own new easements. If the utility owner is not in a position to negotiate for new easements or if the utility owner’s policies will not permit it to condemn property to obtain the easement, MoDOT can acquire the easement in the same manner roadway right of way is obtained. The district utilities staff should verify the utility owner is aware of the opportunity to have MoDOT acquire the easement, and the utility owner should provide written documentation on whether the utility owner would like to pursue this option with MoDOT.&lt;br /&gt;
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For situations where the utility owner will obtain its own replacement right of way and the cost of the adjustment is MoDOT’s responsibility, the utility right of way cost should be reviewed by the district right of way department to ensure the cost is reasonable and acquisition followed state and federal regulations. In order to expedite utility adjustments necessary to allow highway construction, the district utility staff may authorize the utility owner to obtain easements prior to all details of a plan of adjustment being developed. In this situation, the district utilities staff should ensure enough details are known to justify the needed right of way, and an agreement for right of way costs only should be executed with the utility owner.&lt;br /&gt;
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For situations where MoDOT will obtain the right of way necessary to allow highway construction, district utility staff should negotiate with the utility owner’s representative to ensure all necessary utility easements are shown on the approved right of way plans. The TPM should confirm with district utilities staff that the right of way plans accurately reflect the needs of the utility owners prior to requesting right of way plan approval. The district Right of Way Manager should confirm with district utilities staff before requesting an acquisition date (A-date). Every effort should be made to avoid adding utility easement requests once negotiations with property owners have begun.&lt;br /&gt;
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Occasionally, when negotiations cannot be completed for easements for the adjustment of utility facilities, it may be necessary to condemn for the property. District utilities staff should coordinate with the utility owner’s representative to ensure no alternate design for the adjustment of the utility facility is practical. The decision to condemn for easements for the adjustment of the utility facilities requires the exercise of good judgment in reaching the conclusion that further good faith negotiations are futile and condemnation is necessary to maintain the project in the scheduled letting. The TPM should coordinate with the district utilities staff and district Right of Way (RW) personnel on the condemnation proceedings.&lt;br /&gt;
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Easement and other right of way documents used with utility owners are handled in accordance with procedures established jointly with RW and district utilities staff. District survey staff prepare the land descriptions for use in utility easements. The district utilities staff is responsible for completion of the easements in the correct form and scope. A sketch delineating the area described is attached to the easement as Exhibit “A”. Communication with the Design Division will ensure use of proper forms, corporate names and locations, and particular wording required for joint ownerships. The description for a utility easement is to be referenced to the nearest land corner shown on the plans. Examples of easements can be found in the template list in [https://netprod3.dot.missouri/eAgreements/Search/QuickSearch eAgreements].&lt;br /&gt;
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In situations where MoDOT is acquiring right of way with existing utility easements, but the district utilities staff and the utility owner’s representative agree that the utility facility may remain in place, the utility owner will release the property to the Commission separate from the right of way acquisition. This is done by executing an Easement for Highway Construction (UT16). The utility owner grants and conveys, with warranty of title expressed or implied, to the Commission, the right to construct, reconstruct, and maintain a highway over and across that portion of the easement owned and held by the utility owner. In the future, the utility owner retains any reimbursable rights should future projects require adjustments to allow highway construction.&lt;br /&gt;
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==643.2.8 Cost Responsibility==&lt;br /&gt;
In addition to determining if a conflict exists between an existing utility facility and a highway improvement project, it is important to determine who is responsible for the costs of the necessary adjustments to allow highway construction. An adjustment for which the Commission is responsible for the costs is known as a reimbursable adjustment. An adjustment for which the Commission is not responsible for the costs is known as a non-reimbursable adjustment. An adjustment for which the Commission and the utility share responsibility for costs is known as a partially reimbursable adjustment. Adjustments determined to be reimbursable or partially reimbursable by the Commission are to be completed under the terms of an agreement executed between the utility owner and the Commission.&lt;br /&gt;
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===643.2.8.1 Commission Responsibility===&lt;br /&gt;
====643.2.8.1.1 Utility Facilities Located on Private Easements====&lt;br /&gt;
When the utility facility is located on a private easement within the new right of way to be acquired for a future project, the Commission is responsible for the cost of the necessary adjustments to allow highway construction. It may be possible that such easement does not have written easement rights. The Commission will honor this oral right provided acceptable documentation is provided by the utility owner to the district utilities staff. An [https://epg.modot.org/forms/general_files/DE/NonwrittenEasementRights_Example.docx example of acceptable documentation for not written easement rights] is available. Other forms of documentation will be considered on an individual basis.&lt;br /&gt;
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=====643.2.8.1.1.1 Future Moves=====&lt;br /&gt;
When the utility facility is located on a private easement, taken into the Commission’s right of way, the Commission may agree that any future moves of the same utility by Commission order may be made at the Commission’s cost. Documentation of this agreement is by an Easement for Highway Construction (UT16) agreement. If the Commission provides a substitute private easement, then the Commission will have future obligations consistent with the utility facility’s status in an easement.&lt;br /&gt;
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====643.2.8.1.2 Utility Facilities Located within Commission Right of Way====&lt;br /&gt;
When the utility facility is located within Commission right of way, but has prior land rights, the Commission is responsible for the cost of adjustments to allow highway construction. The utility owner is responsible for documenting to the satisfaction of the district utilities staff, the basis for the claim of prior land rights within Commission right of way. Time spent researching prior rights is considered coordination and is reimbursable.&lt;br /&gt;
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====643.2.8.1.3 City or County Utility Facilities on City or County Streets====&lt;br /&gt;
When roadway improvements are within the corporate limits of cities, towns, and villages, a municipal agreement is negotiated between the Commission and the municipality. Likewise, when roadway improvements are within the limits of a county and outside the municipal limits, a county agreement is negotiated between the Commission and the County Commission. Included in these agreements are provisions regarding reimbursement for adjusting city or county owned utility facilities. Reimbursement is provided for adjustment of city or county owned utility facilities that are now located on city or county streets and not on Commission right of way.&lt;br /&gt;
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====643.2.8.1.4 Lumen====&lt;br /&gt;
Lumen – National (formerly CenturyLink, Lightcore, or Digital Telephone, Inc. (DTI)) and the Commission have entered into a partnership agreement, “Amended and Restated Fiber Optic Cable on Freeways in Missouri,” executed June 5, 2003 which obligates the Commission to be responsible for the cost of the necessary adjustments to allow highway construction along the routes identified in the agreement. A copy of the agreement is available to district utilities staff.&lt;br /&gt;
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====643.2.8.1.5 Services to the Commission====&lt;br /&gt;
When a utility facility provides a service connection to local Commission facilities such as power to traffic signals, lighting, ITS, and cathodic protection and phone drops to traffic signal controllers or other Commission facilities, the Commission is responsible for the cost of the necessary adjustments to allow highway construction.&lt;br /&gt;
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====643.2.8.1.6 Private Service Lines====&lt;br /&gt;
While most utility owners reconnect the private service lines at no cost to the property owner, some do not. If a utility owner does not reconnect service lines, MoDOT can include adjustment of private service lines in roadway contracts. Bid items for relocating service connections are provided for the different types of anticipated adjustments.&lt;br /&gt;
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====643.2.8.1.7 Second Moves====&lt;br /&gt;
If the Commission requires additional work to a utility facility after the facility has been relocated or adjusted in accordance with a plan of adjustment approved by the Commission for a single project number, the Commission is responsible for the cost of the additional work regardless of whether the initial adjustment was Commission responsibility as outlined in other parts of [[643.2_Local_Utility_Adjustments_-_Public_and_Private#643.2.8.1_Federalizing_Funds_for_Preliminary_Engineering|643.2.8.1]].&lt;br /&gt;
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The purpose of the policy is to encourage utilities to relocate early rather than waiting until plans are published for bidding. The policy eliminates the utility having to relocate twice at its own expense because of late changes in the design. It is best to have utilities relocated prior to construction, and this policy helps achieve that goal. Therefore, it is imperative that the designer notifies district utilities staff as soon as possible of any changes made after these plans have been sent. If notified immediately, it may be possible to inform the utility owner prior to their final design thereby eliminating a second move.&lt;br /&gt;
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Under this policy, the following are not considered second moves. Temporary and staged relocations necessary to accommodate construction and agreed upon by the utility and the Commission prior to relocation are considered a single move and are not subject to the provisions of the second move policy. If the Commission requires adjustment of a utility facility for which the utility owner is responsible for the cost of the adjustment and was originally determined to not need adjustment, the utility owner is responsible for the cost of the adjustment. The utility owner is responsible for the cost of additional work to any portion of the utility facility after the utility facility has been adjusted in accordance with a plan of adjustment approved by the Commission if the additional work is required by the Commission due to error by the utility owner in preparation of plan of adjustment, field location of, or construction of the adjustment of the utility facility.&lt;br /&gt;
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When evaluating construction contract changes by change order or value engineering, the impacts of the second move policy should be considered.&lt;br /&gt;
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===643.2.8.2 Utility Owner Responsibility===&lt;br /&gt;
====643.2.8.2.1 Utility Facilities Owned and Operated by a Political Subdivision====&lt;br /&gt;
When a utility facility is located within Commission right of way, but does not have prior land rights, the utility owner is responsible for the cost of the necessary adjustments to allow highway construction. When a utility facility is located on public right of way other than Commission right of way, the utility owner is responsible for the cost of the necessary adjustments to allow highway construction.&lt;br /&gt;
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When a political subdivision must bear part or all the cost of adjustments to their utility facilities, and the cost creates a financial hardship, the Commission, by its authorized representative, the Chief Engineer, may temporarily assume these costs. A payback agreement with the political subdivision will include an applicable interest rate for a comparable maturity from a widely published index of tax-exempt municipal rates obtained from Financial Services. Payback time will not exceed five (5) years.&lt;br /&gt;
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====643.2.8.2.2 Utility Facilities Other Than Those Owned by a Political Subdivision====&lt;br /&gt;
When a utility facility is on the right of way of a public road or street or on state highway right of way without prior land rights and adjustment is necessary to allow for the construction of a roadway improvement, the utility owner is responsible for the cost of the necessary adjustments to allow highway construction.&lt;br /&gt;
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===643.2.8.3 Shared Responsibility===&lt;br /&gt;
When a utility facility is located such that portions of it are a Commission responsibility and portions of it are a utility owner responsibility by the definitions above, the costs of the necessary adjustments to allow highway construction will be split by the Commission and the utility owner. If the exact cost for each party can be determined, each party will be responsible for their portion of the cost of relocating the utility facility. If the exact cost for each party cannot be determined, the parties will arrive at a percentage reimbursement on an equitable basis.&lt;br /&gt;
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===643.2.8.4 Notice of Hearing===&lt;br /&gt;
When relocation or other difficulties with utility facilities on public right of way arise that prevent resolution by negotiation, formal hearings will be required.&lt;br /&gt;
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The district initiates a request for a utility relocation hearing with a letter to the Chief Counsel’s Office (CCO) (a copy is provided to the Design Division) requesting a hearing date. CCO will arrange for a hearing room, court reporter, etc. and advise the district of the hearing date.&lt;br /&gt;
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The district will prepare the notice of hearing by strictly following the given format and serve the notice on all persons and utility owners listed. The property and utility owner must be served only by personal service or by mailing a certified letter, return receipt requested, no later than 15 days before the date of hearing. This will require the district to make every effort to identify the correct property owner before preparing the notice of hearing. To avoid delays, every attempt will be made to issue the hearing notice at least 30 days prior to the hearing date in case any property has changed ownership and any additional property owners must be served. A notice of hearing on service line connections will also be served on the private or public owner of the main or distribution line to which the service lines are connected. A notarized &amp;quot;[https://epg.modot.org/forms/general_files/DE/ReportOnPersonalService.docx Report of Personal Service]&amp;quot; will be completed when notification by certified mail is not used.&lt;br /&gt;
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One copy of the hearing notice and attachments, &amp;quot;[https://epg.modot.org/forms/general_files/DE/ReportOnPersonalService.docx Report of Personal Service]&amp;quot; and certified mail notices are to be submitted to CCO after notification is complete.&lt;br /&gt;
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Prior to the hearing, the district&#039;s representative will become familiar with the details of the utility adjustment in order to provide concise testimony to expedite the hearing process. CCO will assign an attorney to work with the district and present the case.&lt;br /&gt;
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Refer to 7 CSR 10-3.030 020 Utility Relocation Hearings for additional information.&lt;br /&gt;
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A Waiver of Hearing should be obtained for non-reimbursable adjustments to document the commitment of the utility owner to adjust its utility facilities without adversely impacting the highway construction project. This may be accomplished informally via written communications between the district utilities staff and the utility owner’s representative. A [https://epg.modot.org/forms/general_files/DE/WaiverOfHearingForm.docx formal Waiver of Hearing statement] may be requested by either MoDOT or the utility owner. A [https://epg.modot.org/forms/general_files/DE/WaiverOfHearingLetter.docx sample transmittal letter for the Waiver of Hearing] is available. For reimbursable or partially reimbursable adjustments, the formal agreement serves as the basis of documentation of this commitment.&lt;br /&gt;
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==643.2.9 Estimates==&lt;br /&gt;
District utilities staff will negotiate with utility owners to determine reimbursable costs of the necessary adjustments to allow highway construction ([[#643.2.8_Cost_Responsibility|EPG 643.2.8 Cost Responsibility]]). These estimates are prepared in accordance with the provisions of 23 CFR 645 and any amendment thereto. These estimates must reflect the same procedures and costs used by the utility owners in their normal operations and must also accurately represent the expected costs of the work. The utility owner’s estimate will be reviewed by the district utilities staff to ensure compliance with 23 CFR 645.&lt;br /&gt;
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===643.2.9.1 Independent Cost Estimate===&lt;br /&gt;
The independent cost estimate provides the basis for district utilities staff to review the utility owner’s estimate of costs of the necessary utility adjustments to allow highway construction and any subsequent negotiations with the utility owner. The district utilities staff should prepare an independent cost estimate. The independent cost estimate may be based on unit prices of anticipated items of work in a utility adjustment necessary to allow highway construction. The independent cost estimate alternately may be based on recent similar types of utility adjustments necessary to allow highway construction and scaled for size. Consultants can be used to develop the independent cost estimate. All documentation of the independent cost estimate should be placed in MoProjects.&lt;br /&gt;
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===643.2.9.2 Type of Project Cost Estimates===&lt;br /&gt;
Either Actual Cost or Lump Sum estimates may be used for estimating the costs on the necessary utility adjustments to allow highway construction. If an Actual Cost estimate is used, detailed records of materials, labor, and equipment are made by district utilities and/or construction staff during construction, and a final audit of the utility owner’s cost records is made to determine the Commission’s actual responsibility for costs of the adjustment completed to allow highway construction. If a Lump Sum estimate is used, a final audit of costs for an adjustment in payment is not required. The Actual Cost method requires more detailed record keeping and documentation by the utility owner and district staff during construction. The Lump Sum method requires more upfront detail and work by the utility owner and judgment on the district utilities staff on the acceptability of the cost. The district utilities staff will work with the utility owner’s representative to determine the best type of estimate and therefore agreement to use.&lt;br /&gt;
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====643.2.9.2.1 Actual Cost Estimate====&lt;br /&gt;
The cost estimate that supports the actual cost agreement is prepared in sufficient detail to determine the reasonable expected cost of the work to support development of an agreement between the utility owner and the Commission. However, reimbursement is based on the actual costs of design and construction of the necessary adjustment to allow highway construction. The [https://epg.modot.org/forms/general_files/DE/ActualCostCostEstimate_Example.docx actual cost estimate] should detail all costs of the necessary adjustment to allow highway construction, even if the Commission is only responsible for a portion of the costs as detailed in EPG [[#643.2.8.3_Shared_Responsibility|643.2.8.3 Shared Responsibility]].&lt;br /&gt;
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[https://epg.modot.org/forms/general_files/DE/ActualCostCostEstimate_Example.docx Actual cost estimates] can be used for any dollar amount of reimbursement.&lt;br /&gt;
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====643.2.9.2.2 Lump Sum Estimates====&lt;br /&gt;
The cost estimate that supports the lump sum agreement must be accurate, comprehensive, verifiable, and in sufficient detail to present a clear picture of the work involved and the cost of the individual items. The estimate may cover only that portion of the adjustment for which the Commission is responsible for the costs of the necessary utility adjustments to allow highway construction.&lt;br /&gt;
[https://epg.modot.org/forms/general_files/DE/LumpSumCostEstimate_Example.docx Lump sum estimates] are limited to a maximum of $200,000 of Commission responsibility of costs of the necessary utility adjustments to allow highway construction; however, exceptions may be made for special situations that have prior approval from Design Division. These exceptions usually cover major relocations for which the Commission&#039;s proportionate responsibility is extremely small.&lt;br /&gt;
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===643.2.9.3 Utility Cost Estimate Requirements===&lt;br /&gt;
Whether using an Actual Cost or Lump Sum estimate, the following should be included in the estimate, if applicable. If any of the following sections are not included in the estimate, a qualifying statement as to why the costs were not included should be provided.&lt;br /&gt;
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====643.2.9.3.1 Scope of Work====&lt;br /&gt;
All estimates require a concise summary of the work to be performed on the estimate. An example is &amp;quot;an estimate of cost covering the work of relocating Company&#039;s 12-inch Cushing-Woodriver pipeline to accommodate construction of Route 47 in Franklin County on Job No. J6P0172&amp;quot;.&lt;br /&gt;
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====643.2.9.3.2 Engineering Costs====&lt;br /&gt;
Costs of engineering, whether preliminary or construction, must be shown as separate items and are not to be included with &amp;quot;labor costs&amp;quot;. Concurrent cost accounting procedures of FHWA and MoDOT make this a necessity. See [[#643.2.6_Preliminary_Engineering_Requirements|EPG 643.2.6 Preliminary Engineering]] and [[#643.2.16.2_Construction_Contract_Requirements|EPG 643.2.16.2 Construction Contract Requirements]] for further information.&lt;br /&gt;
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====643.2.9.3.3 Right of Way Costs====&lt;br /&gt;
A detailed estimate of the cost to acquire replacement easements by the utility owner is required. The cost should be supported by a right of way plan.&lt;br /&gt;
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====643.2.9.3.4 Material Costs====&lt;br /&gt;
Quantities, description of the item, the unit cost, and the extended totals are shown. Percentage computations will be shown immediately following &amp;quot;total cost&amp;quot; so the utility owner’s and Commission&#039;s cost obligations are properly indicated. Unit assembly costs similar to those used by several of the rural electric association (R.E.A.) cooperatives are acceptable, provided the same units and charges are used in the utility owner’s regular operations. A handling charge conforming with the utility owner’s regular procedures may also be included.&lt;br /&gt;
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====643.2.9.3.5 Labor Costs====&lt;br /&gt;
Hours, individual or crew rates, and extended totals are shown. Payroll additives such as insurance, retirement, social security, vacation, and other benefits are shown as a separate item under this heading in accordance with utility owner’s regular procedures. Adequate explanation must be given for total percentage used, especially in those cases where materials and labor are combined as unit costs or where labor percentages include additives and equipment requirements.&lt;br /&gt;
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====643.2.9.3.6 Equipment Costs====&lt;br /&gt;
A description of the equipment to be used must be shown jointly with the number of hours to be charged. Rates charged for equipment usage must be justified by the utility owner’s established accounting procedures. When the utility owner does not have an established accounting procedure or a capitalization and depreciation schedule that is used in its own operations, the rates are to be established by using rental rate publications as a guide. A reasonable amount will be deducted, when using rental rate schedules, for profit that the rental company realizes. A full explanation of the methods used in establishing the rates must also be submitted to support the utility owner’s request and with approval of the district utilities staff.&lt;br /&gt;
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Equipment may be rented when the utility owner’s equipment is not available or is inadequate, with the rental rate justified by appropriate solicitation of bids. See [[#643.2.16.2_Construction_Contract_Requirements|EPG 643.16.2 Construction Contract Requirements]] for further information.&lt;br /&gt;
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Unusual accounting procedures may be accepted with adequate prior explanations and approval of the Design Division.&lt;br /&gt;
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====643.2.9.3.7 Removal Costs====&lt;br /&gt;
These costs are estimated and shown in a similar method but separately from installation costs. When removal costs exceed salvage credits by more than the estimated cost of removal by the roadway contractor, an effort should be made to persuade the utility owner to abandon the utility facilities in place. An exception is made when the utility owner is required to remove abandoned utility facilities because of liability, hazard, or by specific agreement with the Commission. Abandoned utility facilities can be included with the miscellaneous removals in the roadway contract. It may be possible for the utility owner to remove those portions of the utility facility for which credits will exceed removal costs, with the remainder of the utility facility to be abandoned for removal in the roadway contract. Materials removed must be itemized, with the utility owner’s customary salvage credit given. Items to be scrapped or junked should be indicated. Whenever a utility facility or portion thereof is shown to be abandoned on the plan of adjustment, the roadway plans should be notated accordingly. This eliminates ownership problems if these utility facilities are removed or salvaged by the roadway contractor.&lt;br /&gt;
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When the utility facility is no longer needed and removal is necessary to accommodate the roadway project, the removal of the item may be handled either as a right-of way-item or a utility adjustment. When handled as a right of way item, the damages allowed are to equal the depreciated value of the utility facility, with the necessary removals being accomplished by the roadway contractor. If accomplished as a utility adjustment, the Commission, by utility agreement, will reimburse the utility owner for removal costs and receive salvage credit for the material removed, up to but not exceeding removal costs.&lt;br /&gt;
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====643.2.9.3.8 Salvage of Removed Materials====&lt;br /&gt;
This statement, to explain the salvage credit or lack of credit, will reflect routine utility owner policy as well as the particular situation. The utility owner will place a value on any recovered material for salvage. District utilities staff should check this value for reasonableness. Examples of salvage statements include:&lt;br /&gt;
* Existing utility facilities to be abandoned in place, since the cost of salvaging, based on our past experience, will exceed their value.&lt;br /&gt;
* Only those items will be salvaged for which salvage credit will exceed the cost of removal and salvage.&lt;br /&gt;
* Company liability requires removal of the retired utility facilities, even though the cost of removal will exceed allowable credit for salvage.&lt;br /&gt;
* Salvage credits are in accordance with established company accounting procedures.&lt;br /&gt;
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====643.2.9.3.9 Accrued Depreciation Credits====&lt;br /&gt;
Credit is required for the accrued depreciation of a utility facility that is being replaced. Examples are a building, structure, pumping station, filtration plant, power plant, substation, or other similar operational unit. Credit for accrued depreciation will not be required for a segment of the utility&#039;s service, distribution, or transmission lines. It is also not required when the building or structure is being moved as necessitated by the highway project. Acceptable accrued depreciation credit will be determined by using the following formula:&lt;br /&gt;
&amp;lt;math&amp;gt;\frac{\text{Actual Length of Service of Replaced Facility (Years)}}{\text{Total Estimated Service Life of Replaced Facility (Years)}} x&amp;lt;/math&amp;gt;&amp;lt;span style=&amp;quot;font-family: &#039;Times New Roman&#039;, Times, serif; font-size: 130%;&amp;quot;&amp;gt; Original Cost ($) = Credit ($)&amp;lt;/span&amp;gt;&lt;br /&gt;
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====643.2.9.3.10 Betterment Credits====&lt;br /&gt;
Betterment means the upgrading of the utility facility being relocated, made solely for the benefit of and at the election of the utility owner and is not attributable to the roadway improvement. Credit to the Commission is required for the additional costs incurred for the betterments introduced in the adjusted utility facility. No betterment credit is required for additions or improvements which are:&lt;br /&gt;
* Required by the highway project&lt;br /&gt;
* Replacement devices or materials that are of equivalent standards although not identical&lt;br /&gt;
* Replacement of devices or materials no longer regularly manufactured with next highest grade or size&lt;br /&gt;
* Required by law under governmental and appropriate regulatory commission code&lt;br /&gt;
* Required by current design practices regularly followed by the utility owner in its own work, and there is a direct benefit to the highway project&lt;br /&gt;
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====643.2.9.3.11 Overhead Costs====&lt;br /&gt;
Overhead costs are usually a percentage of the total labor cost. This item must be in accordance with the utility owner’s established accounting procedures, which in some cases may include handling costs or be a percentage of the total cost of the work involved. Additional attention to overhead costs is required when the rate is different from previously accepted rates. Occasionally, it can be difficult to obtain the necessary information at the time of the estimate to approve the overhead rates. In this situation, the estimate can be approved with exception of the overhead rates for payment. The utility owner is informed of this matter with the understanding that the overhead rates could be approved and paid with submission of appropriate supporting data and Financial Services audit review.&lt;br /&gt;
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====643.2.9.3.12 Prorating Costs====&lt;br /&gt;
The need for prorating utility adjustment costs occurs when both the Commission and the utility owner are responsible for a portion of the utility adjustment necessary to allow for highway construction, and the actual costs for reimbursement in each category cannot be explicitly determined. Generally, the following conditions require division of costs:&lt;br /&gt;
* The adjustment is considered partially reimbursable per [[#643.2.8.3_Shared_Responsibility|EPG 643.2.8.3 Shared Responsibility]]&lt;br /&gt;
* Betterments are included in the necessary adjustment of the utility facility&lt;br /&gt;
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The district utilities staff should negotiate with the utility owner’s representative to determine an equitable basis for the prorating of costs based on the characteristics of the utility adjustment necessary to allow for highway construction.&lt;br /&gt;
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====643.2.9.3.13 Costs Records====&lt;br /&gt;
The estimate should include a statement as to where the utility owner’s cost records may be reviewed. An example: &amp;quot;Company cost records will be available in our office at 2134 Industrial Avenue, Tulsa, Oklahoma&amp;quot;.&lt;br /&gt;
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====643.2.9.3.14 Other====&lt;br /&gt;
Additional statements will explain or further clarify the work that is included. Such other items may include bypasses, special equipment, need for larger utility facilities, etc.&lt;br /&gt;
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==643.2.10 Schedule==&lt;br /&gt;
Timely adjustments of utility facilities are essential for efficient completion of highway construction projects. Ideally, all utility adjustments are completed prior to a project’s Plans, Specifications, and Estimate (PS&amp;amp;E) submittal to Central Office. Depending on the specifics of the highway construction and utility adjustment necessary, early completion of the utility adjustment may not be practical. The district utilities staff should negotiate with the utility owner to determine the schedule parameters necessary for the utility adjustment. At a minimum, the utility owner should document the dates it anticipates starting and completing the work. If a utility adjustment depends upon the completion of a portion of the highway construction, the necessary milestone for starting the utility adjustment should be documented along with an anticipated number of working days to complete the utility adjustment. The schedule is included as Exhibit “C” to the agreement.&lt;br /&gt;
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==643.2.11 Pre-Audits==&lt;br /&gt;
The district utility staff performs a pre-audit review and approval prior to preparation of the agreement. A [https://epg.modot.org/forms/general_files/DE/PreAuditChecklist.docx pre-audit checklist] should be completed and saved in MoProjects.&lt;br /&gt;
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==643.2.12 Utility Agreements==&lt;br /&gt;
Whenever the Commission is responsible for the cost of the necessary adjustments to allow highway construction, an agreement is required. If a Master Reimbursable Utility Agreement (see [[#643.2.12.2_Master_Reimbursable_Utility_Agreements|EPG 643.2.12.2]]) has not been executed with the utility owner, a Project Specific Agreement (see [[#643.2.12.3_Project_Specific_Agreements|EPG 643.2.12.3]]) is executed between the utility owner and the Commission. In some cases, it may be more practical for the Commission to include adjustment of utilities into a Commission administered contract. A Utility Agreement - Actual Cost (For Utility Work That is to be Included in the Missouri Highways and Transportation Commission&#039;s Road Project) (see [[#643.2.12.4_Agreement_for_Utility_Work_Included_in_Roadway_Improvement_Project|EPG 643.2.12.4]]). Agreements include a plan of adjustment (Exhibit “A”), cost estimate (Exhibit “B”), and schedule (Exhibit “C”).&lt;br /&gt;
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The Utility Agreement boilerplate forms have been approved by the Chief Counsel’s Office (CCO). They are identified in the upper left-hand corner of each agreement by an identifier such as CCO Form: UT01 for the Master Reimbursable Utility Agreement. CCO updates these agreements as necessary. They serve as a guide in the preparation of the agreement to be executed with the utility owner for the adjustments required to their utility facilities to accommodate the proposed roadway improvement project. District utilities staff should use the latest version of the agreement found in [https://netprod3.dot.missouri/eAgreements/Search/QuickSearch eAgreements] in drafting an agreement with utility owners. A list of utility agreements and detailed information concerning the sequence for preparing and executing an agreement is available in EPG [[:Category:153_Agreements_and_Contracts|153 Agreements and Contracts]].&lt;br /&gt;
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These forms are to be used word for word. Revisions or additions are only made to address specific project details. The intent of each paragraph must be retained, although specific words may be revised to fit the particular situation. No paragraphs are deleted without prior approval from CCO. For guidance on acceptance of liability, refer to the [[:Category:153_Agreements_and_Contracts#153.1.1.2_Acceptance_of_Liability_Policy_(MoDOT_Access_Only)|Acceptance of Liability Policy]] at the CCO SharePoint page. Drafts of agreements having major revisions or complications are to be submitted, with supporting data, to Design Division for comment and approval.&lt;br /&gt;
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A reference to 23 CFR 645 is included in all agreements. Utility owners must be acquainted with these requirements and procedures. The incorporation of 23 CFR 645 by reference in all agreements eliminates the need for a second set of regulations to be included in the document.&lt;br /&gt;
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The agreement for the adjustment of a utility is prepared by the district utilities staff and submitted to the utility owner for execution. The agreement is based on the plan, estimate of cost which was prepared in accordance with 23 CFR 645, and schedule. Authorized individuals representing the utility owner will execute the agreement. The agreement must be signed, sealed, and if necessary, notarized by the utility owner. If the utility owner does not have or use a corporate seal, write &amp;quot;NO SEAL&amp;quot; under the signatures of the owner’s officers. Agreements with political subdivisions are to be supported by an appropriate ordinance, a copy of which is to be submitted with the executed agreements. All copies will be forwarded to the CCO for further handling. A fully executed copy of the agreement will be retained in eAgreements. If the agreement was executed using electronic signatures, the district utilities staff should forward an electronic copy of the fully executed agreement to the utility owner. If the agreement was executed using wet signatures, one (1) paper copy of the fully executed agreement will be returned by the Commission Secretary’s Office to the district utilities staff. The district utilities staff will forward this copy to the utility owner.&lt;br /&gt;
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===643.2.12.1 Buy America Build America Requirements===&lt;br /&gt;
All agreements contain information on Buy America Build America (BABA) compliance. The utility owner should select the method of certification (See [[#643.2.19_Buy_America_Build_America_for_Utilities|EPG 643.2.19]]) at the time of agreement completion. The appropriate paragraph will be inserted into the agreement. All BABA compliance documents must be retained by the utility owner and made available upon request at no cost to the Commission and/or FHWA.&lt;br /&gt;
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====643.2.12.1.1 Utility Owner Self-Certification====&lt;br /&gt;
The City/Company certifies that when determining products/materials subject to Buy America Build America requirements to use in the performance of this Agreement, it shall use only such products/materials for which it has received a certification from its supplier, or provider of construction services that procures the product/material, certifying compliance with Buy America Build America requirements. This does not include products/materials for which waivers have been granted pursuant to 23 CFR 635.410. The City/Company will not be required to provide the Commission copies of the supplier certification as part of this Agreement or with the final invoice of said Commission’s Federal-Aid Highway Construction Project.&lt;br /&gt;
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====643.2.12.1.2 Vendor/Manufacturer Certification====&lt;br /&gt;
The City/Company certifies that when determining products/materials subject to Buy America Build America requirements to use in the performance of this Agreement, it shall use only such products/materials for which it has received a certification from its supplier, or provider of construction services that procures the product/material, certifying compliance with Buy America Build America requirements. This does not include products/materials for which waivers have been granted pursuant to 23 CFR 635.410. The City/Company shall provide to the Commission all Buy America compliance documents as outlined in the Commission’s Engineering Policy Guide 643. All required compliance documents shall accompany the final invoice submitted to the Commission.&lt;br /&gt;
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===643.2.12.2 Master Reimbursable Utility Agreements===&lt;br /&gt;
The UT01: Master Reimbursable Utility Agreement (MRUA) is a statewide agreement that has been executed by the utility owner and the Commission for all future reimbursable utility adjustments between both parties. Once a MRUA is executed, no other utility agreements are required on design-bid-build projects. The district utilities staff should encourage utility owners to enter into a MRUA with the Commission to reduce potential future delays in executing a project specific agreement. A list of previously executed [https://modotgov.sharepoint.com/sites/DE/Utilities/Agreements/MRUA%20-%20Existing?csf=1&amp;amp;web=1&amp;amp;e=4LJHoa Master Reimbursable Utility Agreements (Modot Access Only)] is available. District utilities staff should add newly executed agreements to this list. The MRUA can be employed as either an actual cost ([[#643.2.12.3.1_Actual_Cost_Agreements|EPG 643.2.12.3.1]]) or lump sum ([[#643.2.12.3.2_Lump_Sum_Agreements|EPG 643.2.12.3.2]]) agreement. When the reimbursable adjustment will utilize a MRUA, the district utilities staff will prepare a MRUA correspondence letter (“letter agreement”) referencing the executed MRUA. A copy of the MRUA correspondence letter should be saved in MoProjects for reference by Financial Services, the district construction office, and the district staff responsible for inspection of utility adjustments. All project specific items such as type of agreement (actual cost or lump sum), plan of adjustment, estimated total cost, cost allocation, and schedule are addressed in the MRUA correspondence letter from the district utilities staff to the utility owner. A flowchart of the MRUA process is available.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.3 Project Specific Agreements===&lt;br /&gt;
If a utility owner does not have a MRUA with the Commission, a project specific agreement will be required for every project for which the Commission is responsible for the necessary adjustments to allow highway construction. The project specific agreement will be either an actual cost ([[#643.2.12.3.1_Actual_Cost_Agreements|EPG 643.2.12.3.1]]) or lump sum ([[#643.2.12.3.2_Lump_Sum_Agreements|EPG 643.2.12.3.2]]) agreement.&lt;br /&gt;
&lt;br /&gt;
====643.2.12.3.1 Actual Cost Agreements====&lt;br /&gt;
The UT03: Utility Agreement – Actual Cost is used when detailed estimates are not practical or costs appear to be questionable. Details on actual cost estimates can be found at [[#643.2.12.3.1_Actual_Cost_Agreements|EPG 643.2.9.2.1 Actual Cost Estimates]]. Once the final invoice on a UT03 is submitted to Financial Services, district utilities staff should change the status on the agreement in eAgreements to completed.&lt;br /&gt;
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====643.2.12.3.2 Lump Sum Agreements====&lt;br /&gt;
The UT02: Utility Agreement – Lump Sum eliminates the need for keeping detailed records of cost and the auditing of cost records. Estimates of cost must be prepared in detail for use of this agreement. When detailed estimates are not practical or costs appear unreasonable, actual cost agreements are to be used. Use of special forms of agreements, such as &amp;quot;subordination agreements&amp;quot;, which are desired by certain utility owners, is acceptable. These, too, must be revised to cover the particular situation. Details on lump sum estimates can be found at [[#643.2.9.2.2_Lump_Sum_Estimates|EPG 643.2.9.2.2 Lump Sum Estimates]]. Once the final invoice on a UT02 is submitted to Financial Services, district utilities staff should change the status on the agreement in eAgreements to “completed”.&lt;br /&gt;
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===643.2.12.4 Agreement for Utility Work Included in Roadway Improvement Project===&lt;br /&gt;
The UT04: Utility Agreement - Actual Cost (For Utility Work That is to be Included in the Missouri Highways and Transportation Commission&#039;s Road Project) allows for the adjustment to be based on actual cost with the roadway contractor performing the utility work. Caution should be exercised in the type of utilities to be relocated in roadway contracts. Utilities recommended are waterlines and sewer lines. Other utilities, such as gas lines, communication lines, and power lines are to be studied thoroughly before being included in the project.&lt;br /&gt;
&lt;br /&gt;
The Transportation Project Manager and district utilities staff must plan ahead to get this work in the roadway contract. The utility owner must agree to include the utility adjustment in the roadway contract. The adjustment may be on highway right of way or on private easement in the name of the utility owner. The utility owner can agree to allow MoDOT’s contractor to work in its easement. However, district utilities staff in consultation with district right of way staff should review the easement documentation to verify the utility owner’s rights to the easement and any limitations on its use. MoDOT’s contractor can work and operate on both Commission right of way and on the utility easement, even when not directly connected to the Commission right of way, as part of the job site. Temporary construction easements may be necessary in addition to the utility easement to ensure adequate working room for the contractor.&lt;br /&gt;
&lt;br /&gt;
:The utility owner may request exemption to any liability for negligence of our contractor working on their easement. The Commission can assume that liability (refer to [[:Category:153_Agreements_and_Contracts#153.1.1.2_Acceptance_of_Liability_Policy_(MoDOT_Access_Only)|Acceptance of Liability Policy]]), but it should be included in the utility agreement if so desired by the utility owner. A Job Special Provision is necessary to require the MoDOT contractor to hold the utility harmless from all claims due to contractor negligence.&lt;br /&gt;
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Subsurface information, i.e. boring data, etc., should be obtained by the utility owner since it may be needed for the design of the utility adjustment. This information should be included in the plans. If the utility owner must bear all or part of the cost of the adjustment, the utility owner must agree to pay a pre-deposit to the Commission prior to opening bids on the project. This should be in the utility agreement. The pre-deposit will be credited to the &amp;quot;Missouri Highway and Transportation Commission - Local Fund.&amp;quot; Any interest earned in the fund will apply to the cost of the adjustments. The utility agreement will include language that the utility will inspect the installation and assume maintenance of the utility facility after construction. MoDOT will also provide engineering supervision to be sure the road contractor is in compliance with the contract. Utility plans and specifications are to be approved by the owner prior to submittal to the Central Office. The following items will provide minimum information to allow MoDOT’s contractor to bid the work.&lt;br /&gt;
# Individual bid items (not &amp;quot;lump sum&amp;quot;) should be established to promote better bidding and to handle overruns and underruns. Bid items not included on the Computer Stored Bid Item list should be &amp;quot;99&amp;quot; numbers.&lt;br /&gt;
# he bid package must be in our letting format. If the package was prepared by a consultant as if the utility owner were going to let it, all bid bond or bidding procedures must be screened to remove requirements contrary to MoDOT letting requirements. District utilities staff should work with the Transportation Project Manager, Design Liaison Engineer, and Central Office Bidding and Contract Services to ensure this requirement is met.&lt;br /&gt;
# The specifications required by the utility owner should be reviewed for items that could cause a bid problem for our contractor. Items such as non-readily available materials or sizes should be avoided.&lt;br /&gt;
# Utility plan sheets should be .pdf files equivalent to 22 in. x 34 in. It is helpful to have a quantity sheet specifically for utility items.&lt;br /&gt;
# Any special procedures required for the utility installation should be included in the Job Special Provisions.&lt;br /&gt;
# The utility package should be submitted on-time to Central Office with other project plans.&lt;br /&gt;
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===643.2.12.5 Agreement for a Utility Only Project===&lt;br /&gt;
Any of the above agreements can be modified for a utility only project separate from the roadway project. The utility only project may be done by forces hired by the utility owner or by the Commission. A separate utility only project has distinct advantages when the following occurs:&lt;br /&gt;
* The utility work is extensive&lt;br /&gt;
* It must be performed in accordance with the utility owner’s seasonal requirements&lt;br /&gt;
* It extends beyond the limits of the construction project&lt;br /&gt;
* It must be performed considerably in advance of the roadway contract&lt;br /&gt;
&lt;br /&gt;
Necessary environmental and design work is still required for the limits of the separate utility only project. It may be necessary in these cases to have a second agreement with the utility owner to cover any other work that must be performed concurrently with the roadway contract. These latter agreements will use the roadway construction job number. Early need for utility projects is to be determined at the time when the STIP is updated each year. The utility construction funds will be shown in the year right of way funds are assigned. This will be done whenever possible to secure early adjustment of utility facilities. A request by the district is sent to the Planning Division. Estimated dollar amounts for utility adjustments are needed. These are estimates and do not need to be extremely accurate. When a special utility project is established, it is preferred, if at all possible, to include all the utility adjustments necessary for the entire roadway project. If funds are available, additional agreements can be added to this utility project until the final invoice for the first completed agreement is received for payment.&lt;br /&gt;
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===643.2.12.6 Supplemental Agreements===&lt;br /&gt;
For utility owners with a UT01 agreement, a supplemental letter agreement documenting the change in the scope or cost of the work is acceptable.&lt;br /&gt;
&lt;br /&gt;
The UT05: First Supplemental Agreement is used to document changes to UT02 and UT03 agreements. If changes to the scope of work occur that are anticipated to exceed $100,000 or 15% of the original agreement, a UT05 is required. If the final invoice on an actual cost adjustment without changes in the scope of work exceeds the limits shown in the table below, a UT05 is required.&lt;br /&gt;
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{| class=&amp;quot;wikitable&amp;quot; style=&amp;quot;margin-left: 25px; text-align:center&amp;quot;&lt;br /&gt;
! Amount in Original Actual Agreement !! Final Bill Total Exceeds Original Amount by:&lt;br /&gt;
|-&lt;br /&gt;
| 0-$25,000 || 50%&lt;br /&gt;
|-&lt;br /&gt;
| $25,000-$100,000 || 40%&lt;br /&gt;
|-	&lt;br /&gt;
| Exceeds $100,000 || 30%&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
Should multiple UT05s be required with the same utility owner, the UT05 should be modified for additional supplemental agreements. Once the final invoice on an UT05 is submitted to Financial Services, district utilities staff should change the status on the agreement in eAgreements to “completed”.&lt;br /&gt;
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==643.2.13 Utility Adjustments in Roadway Plans and Job Special Provisions (JSPs)==&lt;br /&gt;
It is the responsibility of the MoDOT Transportation Project Manager (TPM) to ensure utility plans of adjustment are shown on the project plans at the Plan, Specification, and Estimate (PS&amp;amp;E) stage based upon information coordinated by the district utilities staff with the appropriate utility owner.&lt;br /&gt;
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===643.2.13.1 Plans===&lt;br /&gt;
A legend showing all applicable utility symbols and the names of the utility owners is shown on the first special utility sheet. In the absence of special utility sheets, this information may be shown on the title sheet or the first plan and profile sheet. The following note is required to be placed on the title sheet or the first plan and profile sheet and the first special utility sheet (if used) to inform contractors of the suitability of the utility information contained on the plans.&lt;br /&gt;
&lt;br /&gt;
&amp;quot;The existence and approximate location of utility facilities known to exist, as shown on the plans, are based on the best information available to the Commission at this time. This information is provided by the Commission &amp;quot;as-is&amp;quot; and the Commission expressly disclaims any representation or warranty as to the completeness, accuracy, or suitability of the information for any use. Reliance upon this information is done at the risk and peril of the user, and the Commission shall not be liable for any damages that may arise from any error in the information&amp;quot;.&lt;br /&gt;
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===643.2.13.2 Job Special Provisions===&lt;br /&gt;
Since the addition of utility information on the plans, supplied by a third party, could subject the Missouri Highway and Transportation Commission to additional liability, a Utility JSP reflecting the status of utility adjustments will be required. The JSP will include the name, address, e-mail address, and telephone number of all utility owner representatives for all utility facilities located on the project. The anticipated adjustment completion date for each utility adjustment is also to be shown based on the agreed upon dates, durations, or completion dates with the utility owner’s representative. This information will inform the bidder of the status of utilities for proper work coordination that could affect the bids for the proposed highway construction project. Status notations will include general notations such as: “N/A”, “Work is in progress”, “Work has not started”, “Work is complete”, and “Work is included in contract.”&lt;br /&gt;
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===643.2.13.3 PS&amp;amp;E Submittal===&lt;br /&gt;
In the District Final Plans Submittal Checklist (D-12), the TPM should note any issues related to existing utility facilities or the adjustment of utility facilities either shown or not shown on the plans. Projects with “No Utility Impacts” such as some overlays, striping, bridge washing, etc. do not need a Utility Status Letter or Utility JSP. The D-12 is used for these projects. In the D-12, under Project Details – “Utilities”, the note “NO” is selected and under “Status”, select “Clear”. For all other projects, the district utilities staff will write a Utility Status Letter. The TPM will include the Utility Status Letter with the submittal of the final plans to the Design Division. The Utility Status will be defined as:&lt;br /&gt;
# Utility facilities are present, but no conflict is anticipated with the highway construction project. Or,&lt;br /&gt;
# All utility facilities requiring adjustment to allow highway construction have been physically adjusted on the project. Or,&lt;br /&gt;
# Utility construction work is planned or active and will be completed to such a point that no impact will be expected to the highway construction project. The status of this work is defined in the utility JSP. Or,&lt;br /&gt;
# Utility facilities are not expected to be adjusted by the notice to proceed date for the road project, but the utility work will have no impact on the progress of the highway construction project. The status of this work is defined in the utility JSP. Or,&lt;br /&gt;
# Utility facilities must be adjusted after the road contractor completes stage construction or in coordination with the contractors’ work. Details of the coordination effort required of the contractor are defined in the utility JSP to properly advise bidders. Or,&lt;br /&gt;
&lt;br /&gt;
# Utility adjustment plans and specifications are included in the bid documents for the highway construction project. A UT04 agreement must be executed.&lt;br /&gt;
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==643.2.14 Payment to Utility Companies for Reimbursable Work==&lt;br /&gt;
Authorization and federal funding obligation must be approved prior to incurring costs. This applies to all types of work on utility facilities including preliminary engineering. An obligation is a commitment by the federal government to reimburse MoDOT for the federal share of a project’s eligible cost.&lt;br /&gt;
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===643.2.14.1 Obligation Process===&lt;br /&gt;
Federal funding can be used with both lump sum and actual cost agreements. After the utility agreement is fully executed, the district utilities staff will email a copy of the utility agreement or the letter agreement referencing the MRUA to the email group OBLIGATE. This email should request the authorization authority for use of federal funds and to be informed of a Notice to Proceed (NTP) (see [[#643.2.15_Notice_to_Proceed|EPG 643.2.15]]) date by Financial Services once federal funding has been obligated. District utilities staff should allow three (3) weeks to receive the NTP. Financial Services will use Advance Construction (AC) funding to fund reimbursement to utility owners. With AC funding, state funds initially are used to pay for reimbursement to utility owners. Once construction is complete, with appropriate documentation of the work via the [https://epg.modot.org/forms/general_files/DE/C-9.docx C-9] and [https://epg.modot.org/forms/general_files/DE/C-13.docx C-13], Financial Services will convert to federal funding.&lt;br /&gt;
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===643.2.14.2 Preliminary Engineering===&lt;br /&gt;
On occasion, preliminary engineering (PE) may need to be undertaken by the utility owner prior to the execution of a utility agreement. If a utility owner has a MRUA, an estimate of the cost of the PE work by the utility owner may be used to obligate funding for preliminary engineering under the MRUA as a PE only letter agreement. If a lump sum or actual cost agreement will be required with the utility owner for the project, district utilities staff should do two (2) agreements with one agreement covering PE only, and once a design for the adjustment is obtained, a second agreement for the construction of the adjustment should be executed. If a separate PE only agreement is obtained, NTP will need to be issued twice to the utility owner: once for PE and once for construction.&lt;br /&gt;
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===643.2.14.3 Right of Way===&lt;br /&gt;
Once Notice to Proceed has been given, the utility owner may begin the right of way acquisition process. If the utility owner needs to acquire right of way prior to a full agreement for relocation has been negotiated, the agreement specifically for the acquisition of right of way should be executed. This agreement will be sent to Financial Services to begin the obligation process.&lt;br /&gt;
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===643.2.14.4 Construction===&lt;br /&gt;
Payment to utility owners for construction of the adjustment may occur in a number of phases.&lt;br /&gt;
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====643.2.14.4.1 Prepayment====&lt;br /&gt;
Per the utility agreement, the Commission allows utility owners to be prepaid prior to commencing work. The district utilities staff may negotiate the prepayment if the utility owner is receptive. The utility owner will submit a request for prepayment with an invoice prior to any prepayment. Route, county, and job number must be included in the request. The district utilities staff will submit a request to Financial Services with a copy saved in MoProjects for future reference by the district staff responsible for inspection of the utility adjustment.&lt;br /&gt;
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====643.2.14.4.2 Progress Payments====&lt;br /&gt;
If a utility owner has not been prepaid the entire estimated amount in the utility agreement, then the utility owner may request progress payments after completing a portion of the proposed work, including PE.&lt;br /&gt;
&lt;br /&gt;
Progress payments for PE by consultants should not exceed the &amp;quot;maximum not to exceed amount&amp;quot; shown in the cost estimate unless additional costs are approved first by district utilities staff.&lt;br /&gt;
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For progress payments, the utility owner is required to submit only a summary of work and materials for which payment is claimed, not a detailed billing. District utilities staff should check only to be sure that sufficient work has been done to justify making the requested payment. Payment should be made for allowable costs incurred up to the date of the progress payment request.&lt;br /&gt;
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Progress payment invoices do not relieve the utility owner of the responsibility of submitting one complete and final invoice upon completion of the adjustment. The utility owner’s address must be shown on the invoice. The district utilities staff should submit progress payment invoices and applicable C-9s to Financial Services within one (1) week of receipt of invoice.&lt;br /&gt;
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One copy of the progress payment and one copy of the district utilities staff letter of recommendation must be sent to Financial Services for payment and be stored in MoProjects. The cover memo should include the project number, route, county, actual cost or lump sum utility agreement, Commission obligation percentage, total cost estimate of Commission obligation, and indicate the progress payment number, i.e., progress payment number 1, 2, 3, etc. If more than one progress payment is requested by the utility company, the district should submit progress payment bills to Financial Services in the following format:&lt;br /&gt;
{| class=&amp;quot;wikitable&amp;quot; style=&amp;quot;margin-left: 25px; text-align:center&amp;quot;&lt;br /&gt;
! Payment !! Amount&lt;br /&gt;
|-&lt;br /&gt;
| Progress Payment #1 || $50,000&lt;br /&gt;
|-&lt;br /&gt;
| Progress Payment #2 || 10,000&lt;br /&gt;
|-	&lt;br /&gt;
| Total Payment to Date || $60,000&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
This format will help clarify payment history with the utility owner. Progress payments for actual cost utility agreements may not exceed the Commission&#039;s total estimated cost shown in the agreement. However, if the request for a progress payment exceeds the original estimate, a change order with explanation should accompany the request. (See [[#643.2.16.5_Change_Orders|EPG 643.2.16.5 Change Orders]].)&lt;br /&gt;
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====643.2.14.4.3 Final Payment====&lt;br /&gt;
Utility owners are required to submit a detailed final invoice to MoDOT for all actual cost reimbursable utility work and for any lump sum reimbursable utility work that was not prepaid. For prepaid lump agreements, the utility owner must submit a zero-dollar ($0) invoice to demonstrate the work has been completed. After the utility work has been fully completed, the district utilities staff responsible for inspection should send the utility owner a “60 Day” [https://epg.modot.org/forms/general_files/DE/FinalInvoiceLetter.docx Final Acceptance Letter] requesting a complete final invoice within 60 days, as detailed in the utility agreement. If the final invoice is not received from the utility owner within 30 days, then a follow up letter should be sent (i.e., “30 Day” [https://epg.modot.org/forms/general_files/DE/FinalInvoiceReminderLetter.docx Reminder Final Invoice Letter]) reminding the utility owner of its obligation to submit a final invoice within 60 days of the completed work. If a final invoice from the utility owner is not received within this timeframe, then the district utilities staff should contact the Design Liaison Engineer for guidance on how to close out the work.&lt;br /&gt;
&lt;br /&gt;
The district utilities staff is expected to check the final bill within two (2) weeks after receipt in as much detail as possible against the C-9. It is their responsibility to verify from field records the quantities of labor, equipment, material used, material retired, and to justify all changes made. If the utility owner’s contractor made the adjustment at unit cost prices, then it is the district utility staff’s responsibility to verify the number of units completed and not the hours of labor and equipment. It is also important for the utility owner to show the words “final bill” or “final invoice” on the last bill, in order for MoDOT to understand that no additional charges will be made on the adjustment. The final bill must show a general description of the utility adjustment, the highway project number, the date on which work was completed or last item of billed expense was incurred, and the location where records can be audited. The order of items in the final statement should follow as closely as possible the order of items in the original estimate. A summary, on the utility owner’s letterhead, of the total cost of preliminary engineering, construction engineering, right of way, labor, overhead, construction travel expense, transportation, equipment, materials, supply, handling, and salvage credits should be shown in a way that will permit direct comparison with the approved estimate from the original or supplemental agreements (see [[#643.2.12.6_Supplemental_Agreements|EPG 643.2.12.6]]).&lt;br /&gt;
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If the Actual Cost final invoice shows a much higher cost than the original estimate without scope change, the utility owner is required to give reasons in a letter to the district utilities staff explaining why the invoice cost increased. When the Actual Cost final invoice exceeds the amount shown in the table in [[#643.2.12.6_Supplemental_Agreements|EPG 643.2.12.6]], a supplemental agreement is required.&lt;br /&gt;
&lt;br /&gt;
When the district utilities staff has determined that the final invoice is accurate, the C-13 should be completed. Once the C-13 is completed, the C-13 and the final invoice from the utility owner are forward to Financial Services. For Actual Cost agreements, the C-9s should also be included in this transmittal. If no additional payments are required, the district utilities staff should note this in the transmittal as well. If the final invoice indicates previous payments to a utility owner exceeded the final invoice, the utility owner will need to send MoDOT a check for the overpayment amount. The check should be made payable to Director of Revenue – Credit State Road Fund. If the utility owner did not send MoDOT an overpayment check with the final invoice, district utilities staff should send a letter to the utility owner requesting the refund amount. Submittal of the final invoice to Financial Services should not occur until repayment has been received. The submittal to Financial Services should note the receipt of the repayment check.&lt;br /&gt;
&lt;br /&gt;
==643.2.15 Notice to Proceed==&lt;br /&gt;
For PE only, once an agreement has been executed, and Financial Services has advised that authorization from FHWA has been received, district utilities staff will issue a notice to proceed (NTP) letter to the utility owner for the PE. For agreements that include PE and construction or once a final agreement for construction has been executed, right of way clearance has been issued, and Financial Services has advised that authorization from FHWA has been received, the district utilities staff will issue NTP to the utility owner for construction. See [https://epg.modot.org/forms/general_files/DE/NoticeToProceedExampleLetter.docx Example of Notice to Proceed Letter]. If salvage credit is part of the agreement with the utility owner, the NTP letter should include a statement that the utility owner will need to inform district utilities staff of the time and place that inspection may be made of the removed material. The utility owner may be held accountable for full value of materials disposed without proper notice. Utility owners may purchase materials prior to NTP for construction; however, no other work on the adjustment necessary to allow highway construction may begin prior to NTP for construction. The utility owner, for reasons of planning their workload or due to seasonal situations, may request early authorization to perform the work. This request, with the district utilities staff recommendations, is sent to the Design Liaison Engineer for further handling, approval, and advancement of the necessary funds. A copy of the NTP should be saved in MoProjects. If a utility owner begins adjustments prior to NTP for construction, district utilities staff should notify the utility owner immediately in writing that reimbursement will not be made for work done prior to NTP for construction.&lt;br /&gt;
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==643.2.16 Construction of Utility Adjustments==&lt;br /&gt;
===643.2.16.1 Utility Owner Self-Perform===&lt;br /&gt;
As per 23 CFR 645.115 Construction, it may be cost-effective for certain utility adjustments to be performed by a utility owner with its own internal forces and equipment, provided the utility owner is qualified to perform the work in a satisfactory manner. This cost-effectiveness finding covers minor work on the utility owner’s existing utility facilities routinely performed by the utility owner with its own forces.&lt;br /&gt;
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===643.2.16.2 Construction Contract Requirements===&lt;br /&gt;
When the utility owner is not adequately staffed and equipped to perform such work with its own forces and equipment at a time convenient to coordination with the associated highway construction, such work may be done one of four ways for utility adjustments:&lt;br /&gt;
# MoDOT can provide the construction services, via awarded contract to the lowest qualified bidder based on appropriate solicitation. This can be done by including the adjustment work in the roadway improvement project ([[#643.2.14_Payment_to_Utility_Companies_for_Reimbursable_Work|EPG 643.2.12.4 Utility Agreement for Utility Work Included in Roadway Improvement Project]]) or by having a utility only project ([[#643.2.12.5_Agreement_for_a_Utility_Only_Project|EPG 643.2.12.5 Utility Only Project]]).&lt;br /&gt;
# The utility owner can award a construction contract to the lowest qualified bidder based on appropriate solicitation.&lt;br /&gt;
# The utility owner can utilize an existing continuing contract, provided the costs are reasonable (see [[#643.2.9.1_Independent_Cost_Estimate|EPG 643.2.9.1 Independent Cost Estimate]]).&lt;br /&gt;
# The utility owner can contract for low-cost incidental work, such as tree trimming and the like, without competitive bidding, provided the costs are reasonable (see [[#643.2.9.1_Independent_Cost_Estimate|EPG 643.2.9.1 Independent Cost Estimate]]).&lt;br /&gt;
&lt;br /&gt;
When a utility owner chooses option 2 to award its own new construction contract, the utility owner must provide the following documents and information to the district utilities staff. These documents need to be provided as soon as the utility owner has chosen to pursue a construction contract. Document 1 must be supplied by all utility owners. Documents 2 and 3 are only required when the utility owner is a local government agency who is also a political subdivision of the state of Missouri (e.g., city-owned utilities, county-owned utilities). All other utility owners are encouraged, but not required, to provide Documents 2 and 3.&lt;br /&gt;
# A statement that the utility owner is not staffed or able to perform the required construction activities with its own forces.&lt;br /&gt;
# A copy of the request for proposal used to secure bids.&lt;br /&gt;
# A list of a minimum of 3 bidders whom they believe can do the work. &#039;&#039;&#039;Political subdivisions are required to advertise for the work&#039;&#039;&#039;.&lt;br /&gt;
# Upon review of these documents, the district utilities staff will advise the utility owner to proceed with the solicitation of bids, but the utility owner will not be permitted to award the contract without the concurrence of district utilities staff. For lump sum agreements, approval of contract work and subcontract work is not required.&lt;br /&gt;
&lt;br /&gt;
The following documents need to be provided as soon as the utility owner has determined the lowest qualified contractor and would like to award the project. Document 1 must be supplied by all utility owners. Document 2 is only required when the utility owner is a local government agency who is also a political subdivision of the state of Missouri (e.g., city-owned utilities, county-owned utilities). All other utility owners are encouraged, but not required, to provide Document 2.&lt;br /&gt;
# The name address of the lowest qualified contractor.&lt;br /&gt;
# The tabulation of bids received and other information to support their recommendation for award to the lowest qualified bidder.&lt;br /&gt;
&lt;br /&gt;
The district utilities staff will review and approve the utility owner&#039;s bid information prior to the award of the contract. The Design Liaison Engineer is available to assist the district with review of bid information if necessary. Once the district utilities staff provides concurrence, the utility owner may proceed with awarding the contract. When the utility owner is a local government agency who is also a political subdivision of the state of Missouri (e.g., city-owned utilities, county-owned utilities), a copy of the executed contract must be shared with the district utilities staff. All other utility owners are encouraged, but not required, to provide a copy of the executed contract.&lt;br /&gt;
&lt;br /&gt;
A [https://epg.modot.org/forms/general_forms/DE/UtilityConsultantContractChecklist.docx checklist is available for reviewing contracts] to ensure the contract conforms to MoDOT policy and complies with applicable federal regulations.&lt;br /&gt;
&lt;br /&gt;
When a utility owner chooses to utilize an existing continuing contract, the utility owner will submit a copy of the contract to the district utilities staff. The district utilities staff will review the contract for reasonableness of cost. If district utilities staff and the utility owner’s representative cannot agree on the reasonableness of cost, then the utility owner will be required to award a new construction contract.&lt;br /&gt;
&lt;br /&gt;
===643.2.16.3 Inspection===&lt;br /&gt;
The degree of inspection needed for utility adjustments will vary considerably with the nature and location of the work and whether the Commission is responsible for any portion of the cost of reimbursement. Judgment must be used regarding the manner and regularity of inspection duties. Some phases of the work require a very close check to ensure that the highway will not be adversely affected and to ensure satisfactory performance of work in accordance with the agreement and plans. The degree of inspection may vary from spot checking of overhead installations to continuous close observation of backfilling trenches beneath proposed pavement, embankment area, or adjacent to bridge abutments. Proper inspection can ensure that the utility adjustment is completed as efficiently as possible to minimize future impacts to the utility facility and the highway construction project. A [https://epg.modot.org/forms/general_files/DE/UtilityFieldInspectionChecklist.docx Field Inspection Checklist] to assist district utilities staff responsible for inspection is available.&lt;br /&gt;
&lt;br /&gt;
If it is found that any actual cost reimbursable utility adjustment is being performed by unapproved contractors, district utilities staff should direct the work to stop. The utility owner’s representative should be informed immediately and should be advised in writing that the costs incurred by an unapproved contractor are not eligible for reimbursement under provisions of the agreement. The district utilities staff can take appropriate steps to approve a subcontract and advise when the utility owner can recommence work.&lt;br /&gt;
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===643.2.16.4 Documentation===&lt;br /&gt;
All documents related to the construction of the utility adjustment necessary to allow highway construction should be stored in MoProjects.&lt;br /&gt;
&lt;br /&gt;
Construction records must be kept to confirm that work is done in accordance with the terms of the agreement and in the manner proposed in the plans. The importance of a complete and accurate record cannot be overemphasized. Detailed records are necessary to support the recommendation for payment of the final invoice. A complete, separate daily record must be kept on each actual cost adjustment and submitted for review when the final invoice is recommended for payment. This district utilities staff responsible for inspection should complete the Daily Utility Report (C-9).&lt;br /&gt;
&lt;br /&gt;
====643.2.16.4.1 Utility Reports====&lt;br /&gt;
The Daily Utility Report ([https://epg.modot.org/forms/general_files/DE/C-9.docx Form C-9]) and the Final Utility Report ([https://epg.modot.org/forms/general_files/DE/C-13.docx Form C-13]) are used for documenting utility adjustments necessary to allow highway construction. The use of C-9s and C-13s will vary with method of reimbursement. For utility adjustments necessary to allow highway construction that overlap with the highway contractor’s work, progress records should be kept as necessary to coordinate the highway and utility construction activities. Sufficient records must be maintained to check and verify the items of labor, equipment, materials, and salvaged items as submitted on the final invoice.&lt;br /&gt;
&lt;br /&gt;
=====643.2.16.4.1.1 Daily Utility Report (C-9)=====&lt;br /&gt;
C-9s are only required for actual cost agreements. The district utilities staff responsible for inspection must in all cases keep records to document inclement weather, down time, and verbal authorization for minor changes. The district utilities staff responsible for inspection must complete a C-9 documenting the number and classification of employees and number of hours worked. Records of material used and of retired materials returned to stock or scrapped must be kept. The utility owner’s major items of equipment must also be recorded. When work is done by the contract method based on unit prices, the district utilities staff responsible for inspection should ascertain that units of work as provided in the bid proposal are measured and recorded to form a basis for checking the final invoice. C-9s should list the location and the number of units of work accomplished for that period. If contract labor or equipment is used by a utility owner on the basis of a bid per hour, per day, etc., it will be necessary to keep records on this labor or equipment time in the same manner as if the utility owner were performing the work with its own internal forces. District utilities staff responsible for inspection should also note all contractors working for the utility owner and the contractor approval authorization dates given in the agreement.&lt;br /&gt;
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=====643.2.16.4.1.2 Final Utility Report (C-13)=====&lt;br /&gt;
C-13s summarize that the utility adjustment work that was done in accordance with the agreement and plans, the percentage of total cost that is the responsibility of the Commission, and any progress payments that have been made. A C-13 is required for both actual cost and lump sum agreements. The requested numbers shown on line 9 (Commission Estimated Cost) and line 10 (Amount of Final Bill) in the report are the Commission’s total responsibility.&lt;br /&gt;
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====643.2.16.4.2 Breakdown and Emergency====&lt;br /&gt;
When breakdown and emergency situations occur, prior approval by MoDOT is not required for contract or equipment rental work unless the cost or period of time will be extensive. The utility owner should furnish a letter as soon as possible to explain the situation and set out the estimated costs involved. The district utilities staff’s records should substantiate the need and the changes for personnel and equipment.&lt;br /&gt;
&lt;br /&gt;
====643.2.16.4.3 Stop Work====&lt;br /&gt;
If at any point, a stop work order is given by MoDOT to a utility owner, written documentation of the stop work order should be saved in MoProjects.&lt;br /&gt;
&lt;br /&gt;
===643.2.16.5 Change Orders===&lt;br /&gt;
Any change in the plan of adjustment should be documented in writing to the utility owner as a change order. If the change order is anticipated to exceed $100,000 or 15% of the original agreement amount, district utilities staff should negotiate a supplemental agreement with the utility owner’s representative. Once a supplemental agreement is in place, district utilities staff should contact Financial Services to obtain an adjustment of the obligation mid-project. Change orders without supplemental agreements will be settled once the project is complete.&lt;br /&gt;
&lt;br /&gt;
====643.2.16.5.1 Actual Cost Agreement====&lt;br /&gt;
Slight modifications in quantities or the addition of minor items not included with the original agreement do not require a supplemental agreement. However, such changes should be documented in writing with the utility owner. A supplemental agreement is needed if costs exceed the above threshold or if there is a change in the percentage of cost that is the Commission’s responsibility on an agreement with shared responsibility for costs. Intermediate partial payments cannot be made on items in a supplemental agreement until the supplemental agreement is approved.&lt;br /&gt;
&lt;br /&gt;
====643.2.16.5.2 Lump Sum Agreement====&lt;br /&gt;
A supplemental agreement to a Lump Sum Agreement is only required for significant changes in the scope of work of the utility adjustment necessary to allow highway construction. Normal overruns are not considered as changes in approved work and will not be reimbursed. Significant changes in the scope of work on utility adjustments necessary to allow highway construction cannot be done until the supplemental agreement is approved, and the adjustment in obligation of funds is complete.&lt;br /&gt;
&lt;br /&gt;
==643.2.17 Utilities during Highway Construction==&lt;br /&gt;
The contractor is responsible for having utilities located by contacting Missouri One-Call (811) prior to any excavation on the project. A reminder of this responsibility should be made at the preconstruction meeting.&lt;br /&gt;
&lt;br /&gt;
===643.2.17.1 Preconstruction Meeting (Pre-Con)===&lt;br /&gt;
District utilities staff should be invited to all pre-cons.&lt;br /&gt;
&lt;br /&gt;
Pre-cons fall into three categories relating to utilities:&lt;br /&gt;
# No utility adjustments are anticipated within the project limits,&lt;br /&gt;
# All utility adjustments completed prior to the pre-con, and&lt;br /&gt;
# All utility adjustments not completed prior to the pre-con.&lt;br /&gt;
&lt;br /&gt;
====643.2.17.1.1 No Utility Adjustments Anticipated within the Project Limits====&lt;br /&gt;
For projects without a Utility Job Special Provision (JSP), no involvement of the utility owners is required at the pre-con. For projects with a Utility JSP, the Resident Engineer (RE) should invite all utility owner representatives listed in the JSP with known required adjustment to the pre-con. The RE should review potential impacts of the highway construction project with the contractor and the utility owner.&lt;br /&gt;
&lt;br /&gt;
====643.2.17.1.2 All Utility Adjustments Completed Prior to the Pre-Con====&lt;br /&gt;
The RE should invite all utility owner representatives listed in the JSP with known required adjustment to the pre-con. The RE should review potential impacts of the highway construction project with the contractor and the utility owner. A general discussion should highlight the previous adjustments made by the utility owner and what abandoned utility facilities the contractor may encounter.&lt;br /&gt;
&lt;br /&gt;
====643.2.17.1.3 All Utility Adjustments Not Completed Prior to the Pre-Con====&lt;br /&gt;
It is important for the RE and inspector to understand the utility owner’s work schedule and how it relates to the contractor’s work schedule. During the pre-con, the schedule of the utility owner and highway construction contractor should be discussed, and conflicts should be addressed to allow utility adjustments and highway construction to progress as near to the proposed schedule as possible. On large-scale projects that have many utility issues to address that could impact the work of the highway construction contractor, it may be necessary to have a separate pre-con with utility owner representatives.&lt;br /&gt;
&lt;br /&gt;
===643.2.17.2 Coordination Meetings===&lt;br /&gt;
When the utility work will not be completed soon after the preconstruction meeting, the RE should meet with district utilities staff, the highway construction contractor, and the utility owner representatives on a regular basis to discuss utility coordination issues, so expectations from all parties are known and conveyed clearly. The utility owner may need some work performed by MoDOT or the highway construction contractor prior to completing their adjustments. (Examples include: survey staking of right of way or proposed facilities, trees cleared, grading performed, or new structures built).&lt;br /&gt;
&lt;br /&gt;
==643.2.18 Service Drops==&lt;br /&gt;
Power and communication services provided by utility owners are necessary for the operation of the highway system. These services may include power to traffic signals, lighting, or ITS devices; power for cathodic protection; or telecommunication services to signal controllers or ITS devices. The project design teams should work with district utilities staff to identify proper locations for the applicable utility owners to provide these services. Various utility owners have different requirements for this process. The district utilities staff is encouraged to develop a workable relationship with the utility owners who provide these services to MoDOT. The costs of installing the services charged by the utility owner are considered a non-contractual item and should be accounted for in the project’s budget in the STIP. The proposed location and method for the service drops should be shown on the roadway plans. District utilities staff should meet with the utility owner’s representative to ensure the proposed location can be accommodated by the utility owner. For electrical service connections, the power supply assembly is ideally located a maximum of ten feet (10’) from the source location. Plans submitted for PS&amp;amp;E should reflect the agreed upon location for all service connections. During construction, district utilities staff and district construction staff should work together to ensure the placement of the services is consistent with the project plans. Payment for the service drops should be invoiced by the utility owner to the district. District utilities staff is responsible for submission of the invoice directly to Financial Services for payment noting the non-contractual charges for the project.&lt;br /&gt;
&lt;br /&gt;
==643.2.19 Buy America Build America for Utilities==&lt;br /&gt;
FHWA’s Buy America Build America (BABA) policies require a domestic manufacturing process for all steel or iron products, other construction materials, and manufactured products that are permanently incorporated into Federal-Aid Highway construction projects, including products and materials used for adjustments to utility facilities to allow highway construction. These guidelines are for all federally reimbursable transportation projects where FHWA is the lead federal agency; it does not take precedence over projects where Federal Transit Administration or the Federal Railroad Administration is deemed the be the lead federal agency.&lt;br /&gt;
&lt;br /&gt;
===643.2.19.1 Program Requirements for Utilities===&lt;br /&gt;
All MoDOT projects are federal-aid projects, and therefore, all reimbursable utility adjustments are required to follow the provisions of BABA. More information on MoDOT’s BABA policy and procedures can be found in [[106.9_Buy_America_Requirement|EPG 106.9 Buy America Requirement]]. Specifically, utility owners should be aware of the following procedures for determining applicability of the EPG 106.9 requirements to reimbursable utility adjustments necessary to allow highway construction:&lt;br /&gt;
* BABA does not apply when materials are relocated from one location to another within the project limits.&lt;br /&gt;
* BABA does not apply for materials necessary for temporary utility adjustments assuming materials are removed from the right of way upon completion of the utility adjustment to allow highway construction.&lt;br /&gt;
* Non-reimbursable work must be kept separate from reimbursable work (agreements, permits, etc.) in order to not be subject to BABA.&lt;br /&gt;
&lt;br /&gt;
===643.2.19.2 Certification Requirements for Utilities===&lt;br /&gt;
Utility owners have the option of choosing either to self-certify BABA compliance or provide vendor/manufacturer certification to MoDOT. The method of certification is chosen by the utility owner and is documented in either the MRUA or the project specific agreement. Regardless of agreement type or certification method, the utility owner must be compliant with BABA requirements.&lt;br /&gt;
&lt;br /&gt;
====643.2.19.2.1 BABA Utility Owner Self-Certification====&lt;br /&gt;
If a utility owner chooses to self-certify BABA compliance, the utility owner is not required to provide MoDOT copies of the supplier certification as part of the project documentation or with the final invoice for any reimbursable utility adjustment necessary to allow highway construction. Retention of all documents should be as described in the agreement.&lt;br /&gt;
&lt;br /&gt;
====643.2.19.2.2 BABA Vendor/Manufacturer Certification====&lt;br /&gt;
If a utility owner chooses to use vendor/manufacturer certification, the utility owner will supply MoDOT BABA compliance from all vendors and/or manufacturers. Certification from vendors will be signed by an authorized representative of the vendor on company letterhead or other acceptable documentation and will declare that all supplied materials subject to BABA requirements are fully compliant. Certification from iron or steel manufacturers must be in the form of a mill test report (MTF) issued and signed by the initial fabricator stating the materials subject to BABA were melted and manufactured in the United States. Other written statements on company letter or other acceptable documentation signed by an authorized representative of the manufacturer for any additional treatment to the fabricated material (such as blasting, galvanizing, painting, or coating) will state that all treatment processes occurred in the United States according to FWA guidelines. Retention of all documents should be as described in the agreement. Manufacturer certification for manufactured products or construction materials will state that all materials were sourced from the United States and were fabricated in the United States. Retention of all documents should be as described in the agreement.&lt;br /&gt;
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&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643.4 Railroads (NO CHANGE) &#039;&#039;PAGE TITLE&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;&lt;br /&gt;
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==236.5.12 Excess Land Conveyances &amp;amp; Relinquishments - Utilities==&lt;br /&gt;
All conveyances and relinquishments of Commission-owned property shall be evaluated for the existence of any utility facilities located within the areas to be conveyed or relinquished. A conveyance or relinquishment of Commission-owned property may have implications to the utility facilities, and the utility owners, when the Commission no longer controls the property. It is important to maintain the continuity of utility facilities for the general public; therefore, to identify and minimize potential impacts, MoDOT shall involve utility owners in the conveyance and relinquishment processes.&lt;br /&gt;
&lt;br /&gt;
===236.5.12.1 Excess Land Conveyances Utilities===&lt;br /&gt;
MoDOT shall only recommend that a property be declared excess upon satisfactorily addressing the utility impacts. Whether MoDOT or an external party initiates the conveyance of excess property, utility impacts shall be adequately addressed by using one of the following methods: &lt;br /&gt;
:1. Each utility facility will be relocated by permit into a new utility corridor retained by the Commission.&lt;br /&gt;
:2. Each utility facility will remain in place with the benefit of a non-exclusive permanent utility easement.&lt;br /&gt;
::&#039;&#039;If the Commission holds fee simple title to the property, the Commission shall convey a non-exclusive permanent utility easement to each utility owner&#039;&#039;.&lt;br /&gt;
::&#039;&#039;If the Commission holds a less than fee simple title interest in the property, MoDOT shall facilitate the conveyance of a non-exclusive permanent utility easement from the party acquiring the property to each utility owner&#039;&#039;.&lt;br /&gt;
:3. Each utility facility will be relocated to another portion of the property being conveyed.&lt;br /&gt;
::&#039;&#039;If the Commission holds fee simple title to the property, the Commission shall convey a non-exclusive permanent utility easement to each utility owner&#039;&#039;. &lt;br /&gt;
::&#039;&#039;If the Commission holds a less than fee simple title interest in the property, MoDOT shall facilitate the conveyance of a non-exclusive permanent utility easement from the party acquiring the property to each utility owner&#039;&#039;.&lt;br /&gt;
:4. Each utility facility will be relocated onto a portion of the property already owned by the party acquiring the Commission-owned property, with the benefit of a non-exclusive permanent easement. (MoDOT shall facilitate the conveyance of a non-exclusive permanent utility easement from the party acquiring the property to each utility owner.)&lt;br /&gt;
:5. A three-party negotiated settlement taking into consideration the overall value of the proposed transaction.&lt;br /&gt;
:6. Additional options to address utility impacts may be utilized with approval from the Asst. to the State Design Engineer - Right of Way.&lt;br /&gt;
&lt;br /&gt;
===236.5.12.2 Road Relinquishment Utilities===&lt;br /&gt;
MoDOT shall only recommend the relinquishment of roadways through the [[236.14 Change in Route Status Report|Change in Route Status Report]] upon satisfactorily addressing the impacts to utility facilities. If the roadway will be relinquished to a local public transportation authority, with the intent that it continues to be used as a public roadway, a clause similar to the following shall be included in the deed from the Commission to the local public transportation authority:&lt;br /&gt;
:&#039;&#039;&amp;quot;Grantee, by acceptance of this conveyance, covenants and agrees for itself, its successors and assigns, to allow known or unknown utility facilities currently located on the property, whether of record or not, to remain on the property, and to grant the current and subsequent owners of those facilities the right to maintain, construct and reconstruct the facilities and their appurtenances over, under, and across the land herein conveyed, along with the right of ingress and egress across the land herein conveyed to and from those utilities.&amp;quot;&#039;&#039; &lt;br /&gt;
&lt;br /&gt;
Proposed roadway relinquishments to private entities shall be reviewed in a manner consistent with the conveyance of excess property described in [[236.5 Property Management#236.5.3 Asset Management Committee|EPG 236.5.3 Asset Management Committee]].&lt;/div&gt;</summary>
		<author><name>Hoskir</name></author>
	</entry>
	<entry>
		<id>https://epg.modot.org/index.php?title=User:Hoskir/Revision_Request_4225&amp;diff=58885</id>
		<title>User:Hoskir/Revision Request 4225</title>
		<link rel="alternate" type="text/html" href="https://epg.modot.org/index.php?title=User:Hoskir/Revision_Request_4225&amp;diff=58885"/>
		<updated>2026-06-23T13:29:13Z</updated>

		<summary type="html">&lt;p&gt;Hoskir: /* 643.2.9.2 Type of Project Cost Estimates */&lt;/p&gt;
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| ● [https://www.ecfr.gov/current/title-23/chapter-I/subchapter-G/part-64523 CFR 645]&lt;br /&gt;
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| ● [https://www.sos.mo.gov/cmsimages/adrules/csr/current/7csr/7c10-3.pdf7 CSR 10-30]&lt;br /&gt;
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&#039;&#039;&#039;Utility Accommodation Policy:&#039;&#039;&#039; State DOTs are required to develop policies and procedures pertaining to the use, accommodation, and/or relocation of public and private utility facilities on highway rights-of way using Federal-aid highway funds. State DOTs are required to develop, maintain, and obtain FHWA approval of their Utility Accommodation Policy (UAP) (23 CFR section 645.215). This EPG article 643 and subarticles 643.1 through 643.3 are Missouri Department of Transportation (MoDOT)’s Utility Accommodation Policy. Text in EPG 643 consolidates various federal and state statutes and rules into a single, cohesive, workable policy to outline processes for MoDOT staff and utility owners.&lt;br /&gt;
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&#039;&#039;&#039;Delegation of Work:&#039;&#039;&#039; Each MoDOT district is responsible for ensuring implementation of the UAP outlined in the subsequent EPG articles. Each district can create its own organization for whom is responsible for the work including between divisions and job titles. Work responsibilities within this article and subarticles are generic where possible. If a specific title is included, that title has sole responsibility for that item of work.&lt;br /&gt;
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[[media:144 Major Highway System 2022.pdf|major routes]]&lt;br /&gt;
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&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643.1 Utility Location  &#039;&#039;PAGE TITLE&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt; &lt;br /&gt;
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The information in this article provides a uniform system for regulating the location, construction, maintenance, removal, and relocation of utility facilities on the right of way of roadways located on the state highway system. It also provides for the facilitation of construction and maintenance of these roadways. Any location or relocation of utility facilities contrary to this information is an interference with the construction, maintenance, or operation of a state highway and its right of way and is prohibited.&lt;br /&gt;
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==643.1.1 Permits==&lt;br /&gt;
All utility owners are required to obtain a permit to work on Missouri Highway and Transportation Commission (Commission) right of way. A permit is required for original installation of the utility facility, on-going maintenance of the utility facility, or adjustments to a utility facility necessary to allow highway construction. Per [[127.29_Stormwater#127.29.4.3_MCM_3:_Illicit_Discharge_Detection_and_Elimination_(IDDE)_Program|EPG 127.29.4.3]], discharges of anything other than stormwater are not permitted. A deposit or bond is required to ensure completion of the work in accordance with the permit issued. An [https://www.modot.org/permits application for a permit] may be made on established forms specifically stating the nature of the work to be performed. Applications for permits may be obtained at any of the [https://www.modot.mo.gov/ seven (7) district highway offices] of the Commission, [https://www.modot.mo.gov/ MoDOT&#039;s website], or by requesting it from the office of the Missouri Highways and Transportation Commission in Jefferson City, Missouri. The application for a permit will specifically state the nature of the work to be performed, what specific type of utility facility is to be installed, and, if necessary, the timeframe of any temporary use. Piping of any type of sewage or waste will only be allowed providing any permitting by a regulatory agency, such as Missouri Department of Natural Resources, can be provided. Prior to obtaining a permit through MoDOT’s permit system, a utility owner will be required to provide a bond to ensure satisfactory work and complete a TR50 Electronic Signature Agreement with the Commission. The name of the utility owner must match on the bond, TR50, and in the permit system. More information on permitting can be found in [[:Category:941_Permits_and_Access_Requests|EPG 941]].&lt;br /&gt;
&lt;br /&gt;
===643.1.1.1 Emergency Work===&lt;br /&gt;
When emergency operations work is necessary, the damaged utility facility may be accessed immediately and without a permit by leaving the pavement at such points as may be necessary to effect emergency repairs, provided immediate notice is given to the Missouri State Highway Patrol and the district utilities staff for the district wherein the work will be performed, and a permit for emergency operations is requested immediately upon discovery of the need for emergency operations. A permit for emergency operations work is to be obtained as soon as practical, but in no event later than two (2) working days after the emergency operations work has commenced. Emergency operations include, but are not limited to, unplanned work in response to utility facilities being so damaged as to constitute an emergency situation directly affecting or endangering traffic on the highway or public health or safety.&lt;br /&gt;
&lt;br /&gt;
===643.1.1.2 Third-Party Inspection===&lt;br /&gt;
When a utility owner has a large number of projects in a given area or projects involving great complexity, MoDOT reserves the right to limit the number of permits open at any given time. With approval of the district utilities staff, a utility owner may hire a third-party inspector, at their cost. The third-party inspector will allow the utility owner to increase the number of permits open at any given time. The responsibility of the third-party inspector will be to ensure the installation of the utility facility proceeds in a manner consistent with the plans approved in the permit, including all work zone requirements and conformity with MoDOT’s Standards and Specifications. The MoDOT approved third-party inspector will be listed in the permit. MoDOT may audit third-party inspections and revoke the right to use third-party inspections should the inspectors fail to perform their duties.&lt;br /&gt;
&lt;br /&gt;
===643.1.1.3 Abandoned Utility Facilities===&lt;br /&gt;
All utility facilities installed in Commission right of way are the property of the utility owner whether the utility facility is active or inactive. MoDOT may allow a utility facility to remain on Commission right of way whether the utility facility was abandoned for a MoDOT project or at the utility owner’s discretion. MoDOT may place requirements (such as removing inactive fiber optic cables, grouting pipes, removing valves) on the utility owner as part of the process of abandoning a utility facility. Liability for damage to Commission right of way due to an abandoned facility remains the responsibility of the utility owner. In the event MoDOT requires the removal of the abandoned utility facility, responsibility for the cost of the removal will be determined per [[643.2_Local_Utility_Adjustments_-_Public_and_Private#643.2.8_Preliminary_Engineering_(PE)_Requirements|EPG 643.2.8]].&lt;br /&gt;
&lt;br /&gt;
==643.1.2 Definitions==&lt;br /&gt;
&#039;&#039;&#039;Bridge Attachment:&#039;&#039;&#039; A bridge attachment is any utility facility, including communication lines and electrical lines, or any other utility facility of a similar nature that is fastened to a bridge for the purpose of spanning an obstacle.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Clear zone:&#039;&#039;&#039; The total roadside border area starting at the edge of the traveled way, available for safe use by errant vehicles. This area may consist of a shoulder, a recoverable slope, a non-recoverable slope, and/or the area at the toe of a non-recoverable slope available for safe use by an errant vehicle. Clear zone dimensions are provided in the current edition of American Association of State Highway Transportation Officials Roadside Design Guide.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Ditch Line:&#039;&#039;&#039; A line where the roadway ditch meets the back slope. It is located at the lowest point of a V-bottom ditch or furthest point from the roadway of a flat bottom ditch where the roadway slopes back to the existing ground line.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Duct:&#039;&#039;&#039; An enclosed tubular casing, or raceway, for protecting wires, lines, or cables that is often flexible or semi-rigid (1-3% diametric deflection). The casing, or raceway, is separate from the cable or conductor that passes through it.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Encasement:&#039;&#039;&#039; The term encasement means the placing of an installation around and outside of an underground facility consisting of a larger conduit that permits the removal and replacement of the facility. An alternate to the conduit type encasement is reinforced concrete poured around the utility facility. Utility owners are allowed to use any types of material as a carrier and encasement for its facilities as expressly provided for in the permit issued for the installation of the utility facility.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Freeway:&#039;&#039;&#039; A divided arterial highway with full control of access.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Highway:&#039;&#039;&#039; Any public way for vehicular travel, including the entire area within the right of way and related facilities constructed or improved and maintained by the Missouri Highways and Transportation Commission (MHTC) acting through the Missouri Department of Transportation (MoDOT).&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Interchange Limits:&#039;&#039;&#039; For the uniform handling of utility installations only, the limits of an interchange are the outside ramp curve points. See [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_1_TypicalInterchangeLimits_AOD.pdf EPG Figure 643.1.1] for an example.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Interstate System or Other Freeways/Expressways:&#039;&#039;&#039; Interstate highways and highways with fully controlled access.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Major Routes (Interstates, Freeways/Expressways and Principal Arterials):&#039;&#039;&#039; The major highway system is all routes functionally classified as principal arterials. The principal arterial system provides for statewide or interstate movement of traffic. The major roads in Missouri total approximately 5,500 centerline miles.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Minor Routes:&#039;&#039;&#039; The minor highway system is all routes functionally classified as minor arterials or collectors. These routes mainly serve local transportation needs. The minor roads in Missouri total approximately 28,400 centerline miles.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Normal Right of Way Line:&#039;&#039;&#039; An imaginary line that connects sudden breaks in the major right of way points for roadways. Sight distance right of way points (triangles) at roadway intersections are not to be considered as sudden breaks for determining normal right of way.&lt;br /&gt;
[[File:fig_643.1.2-06_2026.jpg|none|700px|thumb|Figure 643.1.2 Normal Right of Way Line.]]&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Private Lines:&#039;&#039;&#039; Privately owned utility facilities which convey or transmit the commodities outlined in the definition of utility facility of this section but devoted exclusively to private use.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Scenic Enhancement Areas:&#039;&#039;&#039; Scenic enhancement areas include areas acquired or so designated as scenic strips, overlooks, rest areas, recreation areas, and the right of way of adjacent roadways and the right of way of roadways that pass through public parks and historic sites as described under 23 USC 138.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Utility Corridor:&#039;&#039;&#039; An area established for the placement of utility facilities parallel to the normal right of way line.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Utility Facility:&#039;&#039;&#039; Privately, publicly, or cooperatively owned line, facility, or system for producing, transmitting, or distributing communications, cable television, power, electricity, light, heat, gas, oil, crude products, water, steam, waste, storm water not connected with highway drainage or any other similar commodity, including any fire or police signal system or street lighting system which directly or indirectly serves the public and does not include privately owned facilities devoted exclusively to private use. The term &amp;quot;utility facility&amp;quot; includes those facilities used solely by the utility owner that are a part of its operating plant.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Utility Owner:&#039;&#039;&#039; The utility owner is the utility company, inclusive of any wholly owned or controlled subsidiary, or city or county which owns utility facilities. The term also includes those government agencies that lease a utility facility for its own use or otherwise dedicated solely to governmental use.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Variance:&#039;&#039;&#039; A one- (1-) time deviation from the requirements for location or relocation of utility facilities on the right of way of highways in the state highway system as established in [https://www.sos.mo.gov/cmsimages/adrules/csr/current/7csr/7c10-3.pdf Title 7 Code of State Regulations 10-3], requested by the utility, and approved by a MoDOT District Design Engineer.&lt;br /&gt;
&lt;br /&gt;
==643.1.3 Location of Utility Facilities==&lt;br /&gt;
Utility facilities paralleling the roadway should be installed in the utility corridor except as outlined below. The utility corridor is the space for all utility owners generally within six feet (6’) of the normal right of way line. When considering if the current utility corridor is available to expand from six feet (6’) to as much as twelve feet (12’), MoDOT determines if the expansion is warranted. In making the determination, MoDOT will consider the existing utilization of the original six feet (6’) corridor. Poles must remain within two feet (2’) of the normal right of way line unless approved by a variance. The utility corridor will only be expanded beyond six feet (6’) if the original six feet (6’) corridor is fully utilized and additional space would be required to accommodate additional utility facilities. Acquisition of additional right of way to establish a twelve feet (12’) corridor is not required on highway construction projects. For depths for underground utility facilities, see [[#643.1.4.1_Minimum_Cover_for_Underground_Facilities|EPG 643.1.4.1]].&lt;br /&gt;
&lt;br /&gt;
Utility facilities crossing the roadway should be installed as close to ninety degrees (90°) to the centerline of the roadway as possible and based on the guidelines below depending on the type of roadway. See [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_3_TypicalUtilityCorridor-InterchangeatMajorRoute_AOD.pdf EPG Figure 643.1.3] and [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_4_TypicalUtilityCorridor-InterchangeatMinorRoute_AOD.pdf EPG Figure 643.1.4] for typical utility corridors around interchanges.&lt;br /&gt;
&lt;br /&gt;
===643.1.3.1 Interstate System or Other Major Freeways/Expressways===&lt;br /&gt;
The installation of all utility facilities on highways of the Interstate System or other major freeways/expressways with fully controlled access are to be installed, serviced, and maintained without entering or leaving the roadway and ramps except at points approved by MoDOT for that purpose and without parking any equipment or storing materials upon the medians, roadway and ramps, or shoulders of the roadways. Cutting or damaging the pavement or paved shoulders is not permitted. New service connections to existing parallel utility facilities are to be permitted only where an outer roadway exists and then only where access is permitted by the Commission. Careful consideration will be given to the location of guys, anchors, braces, and other supports. Generally, good design practice will provide that appurtenances be located at right of way jogs, along intersecting road right of way, or at other similar acceptable locations, so that encroachment is held to an absolute minimum.&lt;br /&gt;
&lt;br /&gt;
No utility facilities will be permitted within the interchange limits of an interchange between fully limited access highways where planned or existing. Utility facilities within the interchange limits of an interchange with a non-access controlled highway will be permitted only along the minor road, provided that all construction, service, and maintenance can be performed from the minor road. Manholes and poles must be located beyond the ramp termini.&lt;br /&gt;
&lt;br /&gt;
For structures carrying or over interstates or other major freeways/expressways, see [[#643.1.5_Bridge_Attachment_Policy|EPG 643.1.5]].&lt;br /&gt;
&lt;br /&gt;
====643.1.3.1.1 Utility Facilities Crossing the Interstate or Other Major Freeways/Expressways====&lt;br /&gt;
=====643.1.3.1.1.1 Overhead Crossings of the Interstate or Other Major Freeways/Expressways=====&lt;br /&gt;
Overhead crossings of utility facilities are permitted only for power transmission and distribution lines and for multiple circuit communication lines where an underground installation is not economically feasible. Supports for existing utility facilities crossing overhead may remain on the right of way provided they are near the right of way line regardless of the presence of an outer road. Supports for new overhead utility facilities crossing overhead may be located on the right of way near the right of way line where an outer roadway exists and are to be located off the right of way where no outer roadway exists. Overhead service crossings are only permitted in isolated cases for residential or commercial establishments when the denial of the crossing would require construction of more than 1,200 feet (1,200’) of utility line to provide the service. Main or distribution line crossings are required to serve a general area other than isolated cases.&lt;br /&gt;
&lt;br /&gt;
=====643.1.3.1.1.2 Underground Crossings of the Interstate or Other Major Freeways/Expressways=====&lt;br /&gt;
Underground crossings of utility facilities are to be continuously encased under the pavement, medians, ramps, and shoulders with the casing extending to the toe of the fill slopes or to the ditch line. In curbed sections, encasement should extend outside the outer curb of the roadways a distance equal to the depth of the encasement at the curb line. Where installed by open trench through unpaved areas, detector tape should be placed approximately one foot (1&#039;) above the encasement. Where an interstate or other major freeway has a parallel outer roadway, encasement should be continuous under all roadways within the right of way.&lt;br /&gt;
&lt;br /&gt;
Manholes or vent pipes are to be located at the right of way line or adjacent to the outer roadway.&lt;br /&gt;
&lt;br /&gt;
For fiber optic cable, encasement should extend from within six feet (6&#039;) of one right of way line to within six feet (6&#039;) of the other right of way line.&lt;br /&gt;
&lt;br /&gt;
Exceptions may be made for encasement as listed in [[#643.1.4.2_Exceptions_to_Encasement|EPG 643.1.4.2]].&lt;br /&gt;
&lt;br /&gt;
=====643.1.3.1.1.3 Parallel Installations along the Interstate or Other Major Freeways/Expressways=====&lt;br /&gt;
New parallel installations on the right of way may be permitted only where an outer roadway exists, provided that poles are within two feet (2&#039;) of the normal right of way line and underground utility facilities are within the utility corridor, and provided that the utility facility can be installed and maintained between the outer roadway and the right of way line. Existing overhead or underground utility facilities that parallel an existing roadway which will be incorporated into a completed highway as an outer roadway may remain in place if all maintenance and service can be performed from an outer roadway and the existing location does not interfere with construction, maintenance, or operation of the completed highway. If an existing parallel utility facility needs to be relocated so as to not interfere with the construction, maintenance, or operation of the completed interstate or other major freeway, poles may be located withing five feet (5’) of the right of way line.&lt;br /&gt;
&lt;br /&gt;
Underground utility facilities are expected to be buried within the utility corridor of sight distance triangles (SDTs) at roadway intersections unless granted a variance. Overhead utility facilities may be allowed to span intersecting roadways with SDTs provided the poles, or supports, are located outside the SDT.&lt;br /&gt;
&lt;br /&gt;
=====643.1.3.1.1.4 Sanitary Sewers within the Right of Way of Interstates or Other Major Freeways/Expressways=====&lt;br /&gt;
New installations of sanitary sewers should follow the applicable guidelines for either underground crossings or parallel installations as appropriate. Existing gravity trunk sanitary sewers should be considered individually and removed or left in place contingent upon its age, condition, feasibility of moving, and maintenance access. Encasement of existing trunk sewers left in place may be required for questionable condition, protection during construction, or heavy fills.&lt;br /&gt;
&lt;br /&gt;
Manholes should be relocated to the right of way lines or adjacent to an outer roadway.&lt;br /&gt;
&lt;br /&gt;
===643.1.3.2 Major Routes===&lt;br /&gt;
For structures carrying or over major routes, see [[#643.1.5_Bridge_Attachment_Policy|EPG 643.1.5]].&lt;br /&gt;
&lt;br /&gt;
====643.1.3.2.1 Major Routes with Partially Controlled Access Right of Way====&lt;br /&gt;
The installation of all utility facilities on highways with partially controlled access right of way are to be installed, serviced, and maintained without entering or leaving the roadway and ramps except at points approved by MoDOT for that purpose and without parking any equipment or storing materials upon the medians, roadway and ramps, or shoulders of the roadways. Cutting or damaging the pavement or paved shoulders is not permitted. Equipment or materials stored within the right of way must be protected by longitudinal barrier or be located outside the clear zone. New service connections to existing parallel utility facilities are to be permitted only where granted by the Commission.&lt;br /&gt;
&lt;br /&gt;
No utility facilities will be permitted within the interchange limits of an interchange between fully limited access highways where planned or existing. Utility facilities within the interchange limits of an interchange with a non-access controlled highway will be permitted only along the minor road, provided that all construction, service, and maintenance can be performed from the minor road. Manholes and poles must be located beyond the ramp termini.&lt;br /&gt;
&lt;br /&gt;
====643.1.3.2.2 Major Routes with Normal Access Right of Way====&lt;br /&gt;
All new utility facilities will be installed and maintained without cutting or damaging the pavement or paved shoulders except in the event underlying rock formations or other obstructions are encountered that prevent boring or pushing operations. A variance may be granted for pavement cuts when the need is established. Pavement cuts may only be made by permits issued when it is impractical to otherwise service and maintain the facility. The installation of all utility facilities is to be installed without parking any equipment or storing materials upon the medians, roadway and ramps, or shoulders of the roadways. Equipment or materials stored within the right of way must be protected by longitudinal barrier or be located outside the clear zone.&lt;br /&gt;
&lt;br /&gt;
====643.1.3.2.3 Utility Facilities Crossing Major Routes====&lt;br /&gt;
=====643.1.3.2.3.1 Overhead Crossings of Major Routes=====&lt;br /&gt;
Supports for utility facilities crossing overhead should be located as near the right of way line as possible. For major routes with controlled access right of way, new overhead service crossings may be permitted in isolated cases for residential or commercial establishments where the denial of such crossings would require the construction of more than 1,200 feet (1,200’) of utility line to provide the same service. For major routes with normal access right of way, there is no restriction on the placement of service crossings.&lt;br /&gt;
&lt;br /&gt;
=====643.1.3.2.3.2 Underground Crossings of Major Routes=====&lt;br /&gt;
Underground crossings of utility facilities are to be continuously encased under the pavement, medians, ramps, and shoulders with the casing extending to the toe of the fill slopes or to the ditch line. In curbed sections, encasement should extend outside the outer curb of the roadways a distance equal to the depth of the encasement at the curb line. Where installed by open trench through unpaved areas, detector tape should be placed approximately one foot (1&#039;) above the encasement. Where a major route has a parallel outer roadway, encasement should be continuous under all roadways within the right of way.&lt;br /&gt;
&lt;br /&gt;
Manholes or vent pipes are to be located at the right of way line or adjacent to the outer roadway.&lt;br /&gt;
&lt;br /&gt;
For fiber optic cable, encasement should extend from within six feet (6&#039;) of one right of way line to within six feet (6&#039;) of the other right of way line.&lt;br /&gt;
&lt;br /&gt;
Exceptions may be made for encasement as listed in [[#643.1.4.2_Exceptions_to_Encasement|EPG 643.1.4.2]].&lt;br /&gt;
&lt;br /&gt;
====643.1.3.2.4 Parallel Installations along Major Routes====&lt;br /&gt;
New parallel installations on the right of way may be permitted provided that poles are within two feet (2&#039;) of the normal right of way line and underground utility facilities are within the utility corridor. Existing overhead or underground utility facilities that parallel an existing roadway which will be incorporated into a completed highway may remain in place if all maintenance and service can be performed without entering or leaving the roadway except at approved access points; without parking equipment or storing materials on the median, pavement, ramps, or shoulders; and the existing location does not interfere with construction, maintenance, or operation of the completed highway. If an existing parallel utility facility needs to be relocated so as to not interfere with the construction, maintenance, or operation of the completed highway, poles may be located withing five feet (5’) of the right of way line.&lt;br /&gt;
&lt;br /&gt;
Existing steel pipe transmission and distribution facilities for gaseous petroleum products that parallel an existing roadway that will be incorporated into the completed roadway may be left in place subject to an agreement by the utility owner that maintenance or service and facility expansion will be performed without cutting or damaging the pavement or interfering with the construction, maintenance, and operation of the highway and provided that the facility is cathodically protected against corrosion and meets the applicable material requirements.&lt;br /&gt;
&lt;br /&gt;
Underground utility facilities are expected to be buried within the utility corridor of sight distance triangles (SDTs) at roadway intersections unless granted a variance. Overhead utility facilities may be allowed to span intersecting roadways with SDTs provided the poles, or supports, are located outside the SDT.&lt;br /&gt;
&lt;br /&gt;
====643.1.3.2.5 Sanitary Sewers within the Right of Way of Major Routes====&lt;br /&gt;
New installations of sanitary sewers should follow the applicable guidelines for either underground crossings or parallel installations as appropriate. An existing gravity trunk sanitary sewer should be considered individually and removed or left in place contingent upon its age, condition, feasibility of moving, and maintenance access. If an existing parallel gravity main is left in place within the limits of the paved surface, paved shoulder lines, or curb lines, stub mains as required will be laid between the sewer main and curb or shoulder lines for future service connections in each block. Manholes should be relocated outside the traveled roadway as near the right of way line as practical.&lt;br /&gt;
&lt;br /&gt;
===643.1.3.3 Minor Routes===&lt;br /&gt;
For structures carrying or over minor routes, see [[#643.1.5_Bridge_Attachment_Policy|EPG 643.1.5]].&lt;br /&gt;
&lt;br /&gt;
====643.1.3.3.1 Utility Facilities Crossing Minor Routes====&lt;br /&gt;
=====643.1.3.3.1.1 Overhead Crossings of Minor Routes=====&lt;br /&gt;
Existing overhead crossings that interfere with construction, maintenance, or operation should be relocated with their supports as near the right of way line as is practical. New overhead crossing installations should be located with their supports as near the right of way line as is practical.&lt;br /&gt;
&lt;br /&gt;
=====643.1.3.3.1.2 Underground Crossings of Minor Routes=====&lt;br /&gt;
All new utility facilities should be installed and maintained without cutting or damaging the pavement or paved shoulders. A variance may be granted for pavement cuts when servicing and maintaining the facility by any other methods is impractical. Pavement cuts may only be made by permits issued. Underground crossings of utility facilities are to be continuously encased under the pavement, medians, ramps, and shoulders with the casing extending to the toe of the fill slopes or to the ditch line. In curbed sections, encasement should extend outside the outer curb of the roadways a distance equal to the depth of the encasement at the curb line. Where installed by open trench through unpaved areas, detector tape should be placed approximately one foot (1&#039;) above the encasement.&lt;br /&gt;
&lt;br /&gt;
Manholes or vent pipes are to be located at the right of way line or adjacent to the outer roadway.&lt;br /&gt;
&lt;br /&gt;
For fiber optic cable, encasement should extend from within six feet (6&#039;) of one right of way line to within six feet (6&#039;) of the other right of way line.&lt;br /&gt;
&lt;br /&gt;
Exceptions may be made for encasement as listed in [[#643.1.4.2_Exceptions_to_Encasement|EPG 643.1.4.2]].&lt;br /&gt;
&lt;br /&gt;
====643.1.3.3.2 Parallel Installations along Minor Routes====&lt;br /&gt;
New parallel installations on the right of way may be permitted provided that poles are within two feet (2&#039;) of the normal right of way line and underground utility facilities are within the utility corridor. Existing overhead or underground utility facilities that parallel an existing roadway which will be incorporated into a completed highway may remain in place if all maintenance and service can be performed without entering or leaving the roadway except at approved access points; without parking equipment or storing materials on the median, pavement, ramps, or shoulders; and the existing location does not interfere with construction, maintenance, or operation of the completed highway. If an existing parallel utility facility needs to be relocated so as to not interfere with the construction, maintenance, or operation of the completed highway, poles may be located within five feet (5’) of the right of way line.&lt;br /&gt;
&lt;br /&gt;
Underground utility facilities are expected to be buried within the utility corridor of sight distance triangles (SDTs) at roadway intersections unless granted a variance. Overhead utility facilities may be allowed to span intersecting roadways with SDTs provided the poles, or supports, are located outside the SDT.&lt;br /&gt;
&lt;br /&gt;
====643.1.3.3.3 Sanitary Sewers within the Right of Way of Minor Routes====&lt;br /&gt;
New installations of sanitary sewers should follow the applicable guidelines for either underground crossings or parallel installations as appropriate. An existing gravity trunk sanitary sewer should be considered individually and removed or left in place contingent upon its age, condition, feasibility of moving, and maintenance access. If an existing parallel gravity main is left in place within the limits of the paved surface, paved shoulder lines, or curb lines, stub mains as required will be laid between the sewer main and curb or shoulder lines for future service connections in each block. Manholes should be relocated outside the traveled roadway.&lt;br /&gt;
&lt;br /&gt;
===643.1.3.4 Roundabouts===&lt;br /&gt;
Regardless of roadway type, it is desirable to avoid locating utility facilities and their access points within the circulatory roadway. If possible, utility facilities are located in the legs of the roundabout to allow for future maintenance and access at an isolated leg versus affecting the entire roundabout. See [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_5_TypicalLocationofUtilityFacilitiesnearRoundabouts_AOD.pdf EPG Figure 643.1.5] for an example.&lt;br /&gt;
&lt;br /&gt;
===643.1.3.5 Utility Facilities in Scenic Enhancement Areas===&lt;br /&gt;
All existing utility facilities within the limits of a scenic enhancement area requiring adjustment because of construction or reconstruction will be placed underground or relocated beyond the limits of the scenic enhancement area. No new above ground facilities will be permitted. New underground facilities will be permitted provided they do not extensively alter or impair the appearance of the area.&lt;br /&gt;
&lt;br /&gt;
==643.1.4 Installation of Utility Facilities==&lt;br /&gt;
The following sections provide information on the physical installation of utility facilities within highway right of way.&lt;br /&gt;
&lt;br /&gt;
===643.1.4.1 Minimum Cover for Underground Facilities===&lt;br /&gt;
The minimum cover for new underground utilities is:&lt;br /&gt;
* Forty-two inches (42”) for all water lines (parallel and crossings).&lt;br /&gt;
* Forty-two inches (42”) for fiber optic cable (crossings encased in rigid conduit).&lt;br /&gt;
* Seventy-two inches (72”) for fiber optic cable (crossings encased in polyethylene (PE) pipe).&lt;br /&gt;
* Thirty inches (30”) for direct burial and in trench fiber optic cable (parallel).&lt;br /&gt;
* Twenty-four inches (24”) for all other direct burial copper or coaxial cable, (parallel).&lt;br /&gt;
* Seventy-two inches (72”) for uncased polyethylene (PE) gas pipe crossings under ditches and roadways but thirty inches (30”) elsewhere.&lt;br /&gt;
* Thirty inches (30”) for all other (such as, but not limited to, gravity sewers, forced sewers, and electric) underground utilities (both parallel and crossing).&lt;br /&gt;
&lt;br /&gt;
===643.1.4.2 Exceptions to Encasement===&lt;br /&gt;
Exceptions may be made for encasement as follows:&lt;br /&gt;
* Non-fiber communication or electric cables installed in ducts.&lt;br /&gt;
* Welded steel pipelines carrying gaseous or liquid petroleum products - provided they are cathodically protected against corrosion, triple-coated in accordance with accepted pipeline construction standards, and meet applicable material requirements.&lt;br /&gt;
* Natural gas distribution pipe (nominal six-inch (6”) diameter maximum) of polyethylene (PE) plastic, traceable, installed by a horizontal bore method at a minimum depth of seventy-two inches (72”) under ditches and roadways, constructed in accordance with and meeting applicable material requirements.&lt;br /&gt;
* Gas service connections protected and constructed in accordance with and meeting applicable material requirements.&lt;br /&gt;
* Encasement is not required for new trunk sanitary sewer crossings of vitrified clay, reinforced concrete or cast iron except when installation procedures would produce voids in the roadbed, heavy fills, or installations under pressure.&lt;br /&gt;
&lt;br /&gt;
===643.1.4.3 Above Ground or Ground Level Appurtenances===&lt;br /&gt;
Appurtenances protruding more than four inches (4”) above the ground line should be located outside the clear zone. If no feasible alternative exists and if permitted by a variance, appurtenances may be allowed within the clear zone if they meet breakaway criteria or will be shielded by a traffic barrier. Good design practice will provide that appurtenances be located at right of way jogs, along intersecting road right of way, or at other similar acceptable locations, so that encroachment is held to an absolute minimum. Cables, wires, small diameter pipes, and other such utility appurtenances extending from the surface of the ground should be equipped with covers or guards to improve their visibility. Appurtenances within sidewalks or street level pedestrian access routes are to be in conformance with the Americans with Disabilities Act requirements.&lt;br /&gt;
&lt;br /&gt;
The maximum pull box width perpendicular to the right of way line within the utility corridor is thirty inches (30”).&lt;br /&gt;
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===643.1.4.4 Overhead Utility Facilities===&lt;br /&gt;
The vertical clearance of new or existing overhead installations will not be less than the current minimum requirements of the National Electric Safety Code, but in no case less than eighteen feet (18’) inclusive of sag above the groundline for electrical facilities. Clearance may be reduced for overhead installations of cable, telephone, or fiber optic facilities.&lt;br /&gt;
A minimum radial clearance of twenty-five feet (25’) is provided from any utility facility to the nearest part of any bridge structure. A minimum radial clearance of ten feet (10’) is provided from the nearest charged electrical line to a MoDOT signal, lighting, ITS, or overhead sign structure.&lt;br /&gt;
&lt;br /&gt;
===643.1.4.5 Approved Materials===&lt;br /&gt;
Utility owners are allowed to use any material for underground utility facilities including carrier and encasement provided they accept responsibility for any future repairs and/or replacement of damaged MoDOT facilities should a failure occur. This will allow the use of current technology and procedures to provide the best value to its subscribers and the taxpayers of Missouri. For materials that MoDOT also uses in its highway system, utility owners must provide materials that meet the current [https://www.modot.org/missouri-standard-specifications-highway-construction Missouri Standard Specifications for Highway Construction]. For materials not listed in the Missouri Standard Specifications for Highway Construction, the utility owner should provide documentation of the standards used to determine suitability of the material.&lt;br /&gt;
&lt;br /&gt;
===643.1.4.6 Cutting===&lt;br /&gt;
In the event permission is granted to cut an existing concrete or asphalt pavement or sidewalk, the appropriate provisions below should be followed.&lt;br /&gt;
&lt;br /&gt;
====643.1.4.6.1 Pavement====&lt;br /&gt;
All pavement cuts should be made with a saw to the full depth of the pavement. The width of the cut is typically determined by the width of the trench plus a minimum one foot (1’) on each side of the trench. In the event the distance to any adjacent longitudinal or transverse joint or crack is less than four feet (4’), the pavement must be removed to the joint or crack. Cuts for perpendicular service tie-ins should be a minimum of three feet (3’) wide. Longitudinal main installations are typically cut at a minimum of half the lane width, but in no instance should the cut be along the wheel path of the lane.&lt;br /&gt;
[[File:fig_643.1.6-06_2026.jpg|800px|none|thumb|Figure 643.1.6 Pavement Repair Dimension Requirements.]]&lt;br /&gt;
&lt;br /&gt;
The utility facilities should be placed in a location with the least impact to the roadway. Typically, this leads to placement in the shoulder when available followed by the two-way left turn lane (TWLTL), and then outside lanes before allowing placement in interior through lanes. Lane switching should be kept to a minimum and should not be used to minimize repair sizes. Cuts for mains or service leads that may not be perpendicular to the roadway should be squared-off.&lt;br /&gt;
&lt;br /&gt;
Replacement of cut pavement should be full depth concrete in accordance with the current version at the time of installation of Section 613.10 Full Depth Pavement Repairs of the Missouri Standard Specifications for Highway Construction and the Missouri Standard Plans for Highway Construction. If the area of the pavement repair is not to be fully resurfaced all joints including the overcut from the sawing operation should be filled with an expansive mortar, epoxy, polyester, or joint material as approved by the Engineer in accordance with Section 1057 of the Missouri Standard Specifications for Highway Construction.&lt;br /&gt;
&lt;br /&gt;
====643.1.4.6.2 Pedestrian Access Routes====&lt;br /&gt;
All cuts in the pedestrian access routes whether asphalt or concrete should be made by saw and be the full depth of the material. Entire slabs of concrete sidewalk should be removed. Repair of the pedestrian access route must meet Americans with Disability Act requirements, see [[:Category:642_Pedestrian_Facilities|EPG 642]]. Cuts through curb ramps or detectable warning areas are not permitted. Rather the entire curb ramp or detectable warning area must be removed and replaced. MoDOT district ADA contacts can help ensure ADA compliance of impacted pedestrian access routes.&lt;br /&gt;
&lt;br /&gt;
===643.1.4.7 Non-disturbance Areas===&lt;br /&gt;
MoDOT has certain areas of right of way where mowing, spraying, digging, or other vegetation disturbance activities are restricted. These areas have been established to mitigate the environmental impacts of a previous project and should be avoided. If the areas cannot be avoided, contact MoDOT’s Environmental Section.&lt;br /&gt;
&lt;br /&gt;
==643.1.5 Bridge Attachment Policy==&lt;br /&gt;
No utility facility will be permitted in or on a structure carrying an interstate or other freeway unless it is part of a federal requirement or for MoDOT’s use. When the structure carries any other road type and no other practical means exists for the crossing, wires (communication, electrical, fiber, or metal) will be permitted. Electrical lines must be located to cause minimum exposure to MoDOT maintenance personnel and the public. Pressurized pipelines for gas or other petroleum products and water and all sewer lines are prohibited on all structures due to the risks associated with their failure.&lt;br /&gt;
&lt;br /&gt;
===643.1.5.1 Agreement===&lt;br /&gt;
An agreement is required for all utility facilities attached to any structure. A charge will be made for the increased maintenance costs involved. This fee is set by the Bridge Division. When permitted, a 50-year occupational agreement is executed with the utility owner. Agreement BR04 Utility Attachment Agreement is used when an attachment is added to a bridge during its construction. Agreement BR09 Bridge Attachment Agreement is used when an attachment is added to an existing bridge.&lt;br /&gt;
&lt;br /&gt;
===643.1.5.2 Requests===&lt;br /&gt;
Requests to attach facilities to structures is a multi-step process. Bridge Division is responsible for approval of the bridge attachment. If at any point in the process, Bridge Division determines the attachment to be unacceptable, a reason is to be provided.&lt;br /&gt;
&lt;br /&gt;
To start, the utility owner submits a conceptual request to the district utilities staff. The conceptual request consists of an explanation of the proposal; a general location sketch (i.e., which side of the bridge); and details on the facility, length, and weight per foot when full. The district utilities staff should work with all relevant district personnel including the District Bridge Engineer in reviewing and recommending the attachment. The district utilities staff will submit the recommended details to the Bridge Division to determine the applicable costs including future maintenance costs and for attachments to new bridges, design and construction. Once the Bridge Division has determined the cost, the district utilities staff shares the cost with the utility owner for their concurrence with furthering the process. For new bridges, if the utility owner concurs with the costs, the district utility staff will prepare the BR04 Agreement for execution by the utility owner and the Commission. MoDOT will be responsible for the design and construction of attachments to new bridges. For existing bridges, the district utilities staff will forward the applicable as-built bridge plans to the utility owner for its use in designing the bridge attachment. The utility owner will provide detailed design drawings, signed and sealed by a professional engineer in the State of Missouri, to the district utilities staff for review. The district utilities staff should work with all relevant district personnel, including the District Bridge Engineer, in reviewing and recommending the details of the attachment to the Bridge Division. Once Bridge Division approves, the Bridge Division will prepare the BR09 Agreement for execution by the utility owner and the Commission. The utility owner is responsible for the construction of attachments to existing bridges. A flow chart, [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_7_BridgeAttachementProcess_AOD.pdf EPG Figure 643.1.7], of the process is available.&lt;br /&gt;
&lt;br /&gt;
Payment from the utility owner for the attachment will be sent to Financial Services by district utilities staff. For BR04 agreements, district utilities staff should discuss with Financial Services how to get the payment credited to the project constructing the attachment. For BR09 agreements, district utilities staff should copy Bridge Division on correspondence with Financial Serves. Checks should be made payable to Director of Revenue, Credit State Road Fund.&lt;br /&gt;
&lt;br /&gt;
For requests from government entities such as cities, counties, and other municipalities, the requested information should be submitted to Bridge Division as described above. However, the district utilities staff will take the lead in preparing the DE10 County Agreement or DE11 Municipal Agreement, as applicable, with input from Bridge Division and Bridge Maintenance. All fees are waived for government entities.&lt;br /&gt;
&lt;br /&gt;
===643.1.5.3 Considerations===&lt;br /&gt;
The following considerations are made in determining the acceptability of a bridge attachment. Unique situations will be discussed with the Bridge Division as required.&lt;br /&gt;
&lt;br /&gt;
====643.1.5.3.1 Bridge Asset Management Program====&lt;br /&gt;
Requests for bridge attachments should be reviewed for consistency with the district’s upcoming bridge asset management program needs. If a structure is due for rehabilitation or replacement in the near future, information should be provided to the utility owner indicating existing remaining life of the bridge. In some instances, it may be in MoDOT’s best interest to deny the request for attachment outright. In some instances, the utility owner may still choose to pursue the short-term attachment to the existing structure. In almost all cases, the utility owner is responsible for the cost of removing and/or relocating their utility facilities for a necessary repair, widening, improvement or reconstruction of the structure. Review existing agreements for cost responsibility for current attachments.&lt;br /&gt;
&lt;br /&gt;
====643.1.5.3.2 Aesthetics====&lt;br /&gt;
In reviewing a request for a bridge attachment, how the structure is viewed by the public will be considered. For example, is the structure over a scenic stream that is extensively used by canoeists, or does the structure span a road that may provide access to a park, campgrounds, or boat launching facilities? Is the structure a grade separation where the motoring public will see the attachment before they pass under it?&lt;br /&gt;
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====643.1.5.3.3 Method of Attachment====&lt;br /&gt;
In order to maintain structural integrity of any structures the following requirements will apply for attachments.&lt;br /&gt;
&lt;br /&gt;
=====643.1.5.3.3.1 Welding=====&lt;br /&gt;
Welding of hardware to structural steel members (i.e., flanges, webs, stiffeners, and diaphragms) whether in tension or compression is not permitted.&lt;br /&gt;
&lt;br /&gt;
=====643.1.5.3.3.2 Drilling=====&lt;br /&gt;
Drilling holes in any structural steel member is not permitted. Drilling holes for anchors into any prestressed concrete member is not permitted. Although permitted, drilling holes for anchors into the underside of bridge decks must be done with caution. It is recommended all anchors be installed to miss deck reinforcing steel. Generally, drilling into decks will not be allowed where sonotubes were used (voided slab bridges). The depth of the holes should be such that breaking out of the concrete on the top side of the deck does not occur.&lt;br /&gt;
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=====643.1.5.3.3.3 Corrosion=====&lt;br /&gt;
Attachment hardware will be new, properly coated to prevent corrosion or be of a non-corrosive material, and be designed to support the facility.&lt;br /&gt;
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====643.1.5.3.4 Location====&lt;br /&gt;
In general, attachments are made on the underneath side of the bridge deck. The condition of the bridge deck will dictate the location of the attachment supports. An exception may be attachments to trusses or other overhead structures.&lt;br /&gt;
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Attachments that may require manholes in bridge decks are not allowed.&lt;br /&gt;
&lt;br /&gt;
When attachments are required to structures over streams that may carry large drifts, they must be attached to the downstream side of the structure and above the lowest superstructure element. It is preferred to locate the attachment on the outside of the exterior girder. If aesthetics are a concern, a better appearance can be achieved by having the attachment made to the inside of the exterior girder and above the bottom of the lower flange to hide the conduit and the attaching hardware.&lt;br /&gt;
&lt;br /&gt;
Placement of utilities must not prevent the removal of old paint, the application of new paint on superstructure steel, or cause debris buildup, which could cause structural deterioration.&lt;br /&gt;
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====643.1.5.3.5 Construction and Maintenance====&lt;br /&gt;
If the attachment cannot be built while maintaining one (1) lane of traffic on the structure, it will not be allowed.&lt;br /&gt;
&lt;br /&gt;
Construction procedures that severely impact traffic may factor into the allowable location of the attachment on the structure.&lt;br /&gt;
&lt;br /&gt;
When scaffolding is to be attached or supported by bridge rails, bridge superstructure, or bridge substructure, the procedures for construction of the attachment must be reviewed.&lt;br /&gt;
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The utility owner or local entity will pay for, or be responsible for, the painting of the attachment, if necessary, when the bridge requires painting.&lt;br /&gt;
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==643.1.6 Private Lines==&lt;br /&gt;
Private lines are permitted to cross the right of way of a highway in the same manner as outlined for all utility facilities in above sections of this article. Parallel installations along the right of way of a highway are not permitted. Special conditions at a specific location that make adherence to this policy impractical will be submitted to the Chief Engineer for consideration of an acceptable alternative. In certain situations, it may be necessary to obtain approval from the Federal Highway Administration (FHWA) before approval to use the alternative can be given to the private utility owner.&lt;br /&gt;
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==643.1.7 Water and Sewer Separations==&lt;br /&gt;
The Missouri Department of Natural Resources (MoDNR) Safe Drinking Water Commission via 10 CSR 60-10 and Clean Water Commission via 10 CSR 20-8 govern the design of water and sewer lines in the vicinity of one another. Basic criteria are outlined below for information, and details are contained within the regulations. MoDOT is not responsible for providing or acquiring adequate right of way for utility owners to comply with MoDNR requirements.&lt;br /&gt;
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===643.1.7.1 Water and Sewer Separations===&lt;br /&gt;
====643.1.7.1.1 Horizontal====&lt;br /&gt;
Sanitary and storm sewers are to be laid at least ten feet (10’) horizontally measured from outside edge to outside edge from any existing or proposed water main. In cases where it is not practical to maintain ten feet (10’) of separation, installation of the water main closer to the sewer is acceptable where the water main is installed in a separate trench or on an undisturbed earth shelf located on one (1) side of the sewer at an elevation so the bottom of the water main is at least eighteen inches (18”) above the top of the sewer.&lt;br /&gt;
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===643.1.7.2 Crossings===&lt;br /&gt;
Water mains are to be laid to provide a minimum vertical distance of eighteen inches (18”) vertically measured outside edge to edge from sanitary or storm sewers. This is the case whether the water main is above or below the sewer. One (1) full length of water pipe must be located so both joints will be as far from the sanitary or storm sewer line as possible. Special structural support for the water main or sanitary or sewer main may be required.&lt;br /&gt;
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===643.1.7.3 Exception===&lt;br /&gt;
When it is impossible to obtain proper horizontal and vertical separation as stipulated, the sewer will be designed and constructed equal to water pipe and will be pressure-tested to assure it is watertight prior to backfilling.&lt;br /&gt;
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===643.1.7.4 Water Supply Interconnections===&lt;br /&gt;
No physical connection is permitted between a public or private potable water supply system and any sanitary or storm sewer or appurtenance that would permit the passage of any sewage or polluted water into the water supply. No water pipe is permitted to pass through or come in contact with any part of a sanitary sewer manhole.&lt;br /&gt;
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===643.1.7.5 Water Works Structures===&lt;br /&gt;
Sewers are not permitted to be installed within fifty feet (50’) in any direction from any existing or proposed public water supply well or other water supply sources or structures.&lt;br /&gt;
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==643.1.8 Variances==&lt;br /&gt;
Occasionally, it is impractical to locate a utility facility in accordance with requirements outlined in this article. MoDOT may consider a utility owner’s request for a variance from these requirements on a case-by-case basis. The utility owner should complete a [https://epg.modot.org/forms/general_files/DE/UtilityVarianceApprovalForm.docx Utility Variance Approval Form] to be submitted to MoDOT for consideration. Variances on the Interstate System require approval of the Federal Highway Administration (FHWA). A flow chart, [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_8_VarianceApprovalProcess.pdf EPG Figure 643.1.8], of the variance process is available.&lt;br /&gt;
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A variance will not be permitted just for the convenience of the utility owner. The utility owner requesting a variance must provide all necessary information to properly evaluate if a variance should be approved. For example, a utility owner requesting a variance because “the utility corridor is full” must explore all reasonable options. It is suggested that the requestor pothole the existing utility corridor to confirm the location of existing utility facilities and provide that data to support the need to locate outside of the utility corridor due to its congestion.&lt;br /&gt;
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===643.1.8.1 Variance Process===&lt;br /&gt;
Any utility owner of a public utility facility may apply for a variance. The process for requesting a variance is as follows:&lt;br /&gt;
&lt;br /&gt;
====643.1.8.1.1 Submittal Requirements====&lt;br /&gt;
Utility owners submit to the district utilities staff a written request for a variance using the [https://epg.modot.org/forms/general_files/DE/UtilityVarianceApprovalForm.docx Utility Variance Approval Form]. The utility owner must clearly show the provision(s) or guideline(s) for which the variance is being requested; the condition(s) which the utility owner believes warrant(s) the granting of a variance; a thorough explanation of the reason(s) for the requested variance, including sufficient and appropriate documentation of safety, aesthetic, or constructability constraints that would be adverse to the function, access, or maintenance of the utility facility and not in the best interest of the public.&lt;br /&gt;
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====643.1.8.1.2 MoDOT Consideration of Variance Request====&lt;br /&gt;
The utility owner bears full responsibility for demonstrating to MoDOT’s satisfaction that the variance is the most appropriate way to serve the public interest. MoDOT may present to the utility owner and the utility owner must consider reasonable alternatives to the variance requested by the utility owner. In determining whether to grant a variance, district utilities staff will consider all relevant factors including, but not limited to: the requested variance is reasonably necessary for the convenience, safety, health, and/or welfare of the public; there is an exceptional or undue burden or hardship on the specific applicant; a physical impracticability that would result from the applicant’s adherence to the normal location requirements; and the requested variance will not impair the safe construction, maintenance, operation, and safety of public travel on the highway. District utilities staff may consult with the Design Liaison Engineer in evaluating variances.&lt;br /&gt;
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====643.1.8.1.3 Approval of Variances====&lt;br /&gt;
Once district utilities staff have agreed to accept a variance proposed by the utility owner, the [https://epg.modot.org/forms/general_files/DE/UtilityVarianceApprovalForm.docx Utility Variance Approval Form] and all supporting documentation is sent to the District Design Engineer (DDE) for approval. If a variance is on interstate right of way, the DDE-signed Variance Request Form and all supporting documentation is forwarded to the Design Liaison Engineer who will forward to FHWA for their concurrence.&lt;br /&gt;
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====643.1.8.1.4 Variance Appeal Informal Hearing====&lt;br /&gt;
If denied a variance, the utility owner has thirty (30) calendar days to request an informal hearing for the purpose of appealing the denial. Requests must be made in writing to the State Design Engineer, Missouri Department of Transportation, P.O. Box 270, Jefferson City, MO 65102. If the utility owner requests an informal hearing, MoDOT’s authorized representative will advise the applicant of the time, date, and place of the hearing. The hearing is not a contested case under RSMo 536. The rules of evidence will not apply at the hearing, and MoDOT’s decision after the conduct of the hearing is not subject to further appeal.&lt;br /&gt;
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==643.1.9 Excess Right of Way==&lt;br /&gt;
Prior to conveyance of excess right of way, the status of utility facilities within said parcel must be addressed. See [[236.5_Property_Management#236.5.12_Excess_Land_Conveyances_&amp;amp;_Relinquishments_–_Regulated_Utilities|EPG 236.5.12]].&lt;br /&gt;
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==643.1.10 Broadband==&lt;br /&gt;
Broadband development in the state of Missouri is handled by the Department of Economic Development (DED). MoDOT shares its approved Statewide Transportation Improvement Program (STIP) project list with DED. All MoDOT policies related to placement of utility facilities within Commission right of way as outlined in this EPG article 643.1 are to be followed.&lt;br /&gt;
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&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643.2 Utilities in Program Delivery &#039;&#039;PAGE TITLE&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt; &lt;br /&gt;
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==643.2.1 Introduction==&lt;br /&gt;
Improvements to the highway system often require negotiation between the Commission and a city, a county, or a public or private utility owner. The Commission’s district utilities staff is responsible for coordination of highway improvement projects with the utility owner’s representative. The impact to a utility, the responsibility for the cost of adjustments necessary to allow highway construction, the plan of adjustment of the utility, the responsibility of performance of work on utility facilities, and the schedule of the utility adjustment are all items that vary depending on the project and should be investigated and negotiated to ensure highway improvement projects are delivered on-time and on-budget. These should comply with Commission policy. A flowchart [link here] outlining all the utility adjustment processes (reimbursable and non-reimbursable relocations, Master Reimbursable Utility Agreements and Project Specific Agreements, etc.) are available in the list of figures at the top of the page. These processes will not always be in combination, but each should be considered with each project.&lt;br /&gt;
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The district utilities staff, in conjunction with the Transportation Project Manager (TPM), is expected to invite and encourage participation of utility owner representatives in MoDOT project meetings as needed.&lt;br /&gt;
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When a project involves utility adjustments for which the Commission is responsible for costs, the TPM should program the costs of the utility adjustments as non-contractual construction costs in the STIP Information Management System (SIMS).&lt;br /&gt;
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==643.2.2 Annual Utility Meeting==&lt;br /&gt;
Each district should hold an annual meeting with utilities to discuss current STIP projects in the district. The annual meeting should be held during each year&#039;s STIP preparations, ideally between January and May. All utility owners that have utility facilities in the district should be invited. The intent is to provide the utility owners with an idea of upcoming projects to allow them the opportunity to plan and budget for potential adjustments of their utility facilities, identify both MoDOT and utility roadblocks, and develop action plans to complete utility adjustments better, faster, and cheaper.&lt;br /&gt;
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==643.2.3 Determination of Existing Utilities==&lt;br /&gt;
District utilities staff should determine the appropriate level of effort needed to accurately identify existing utilities within the footprint of a proposed highway construction project. Aboveground utilities are easily identifiable via field checks; however, determination of the precise location of underground utilities can be more challenging and time consuming. Therefore, the district utilities staff should balance the risk of conflict with the highway construction project against the level of effort needed to determine the location.&lt;br /&gt;
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The level of effort on mapping utilities is dependent on the scope of the project and the potential for utilities having an impact on the construction of the project. The project schedule should include the time to complete this task accurately. The time and effort necessary for having accurate locates requires close interaction with the utility locators. Early contact with utility owner representatives may be necessary to accurately locate underground utility facilities.&lt;br /&gt;
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Various methods of determining existing underground utilities result in different levels of quality. ASCE Standard 38 Standard Guidance for Investigating and Documenting Existing Utilities classifies four levels of quality:&lt;br /&gt;
:1. Quality Level D: QL-D is the most basic level of information for utility locations. It comes solely from existing utility records or verbal recollections, both typically unreliable sources. It may provide an overall &amp;quot;feel&amp;quot; for the congestion of utilities but is often highly limited in terms of comprehensiveness and accuracy. QL-D is useful primarily for project planning and route selection activities.&amp;lt;br&amp;gt;&lt;br /&gt;
: Missouri 811 or “private-locate” markings are to be considered to be QL-D.&lt;br /&gt;
:2. Quality Level C: QL-C is probably the most used level of information. It involves surveying visible utility facilities (e.g., manholes, valve boxes, etc.) and correlating this information with existing utility records (QL-D information). When using this information, it is not unusual to find that many underground utilities have been either omitted or erroneously plotted. Therefore, its usefulness is primarily on rural projects where utilities are not prevalent or are not too expensive to repair or relocate.&lt;br /&gt;
:3. Quality Level B: QL-B involves the application of appropriate surface geophysical methods to determine the existence and horizontal position of virtually all utilities within the project limits. This activity is called &amp;quot;designating&amp;quot;. The information obtained in this manner is surveyed to project control. It addresses problems caused by inaccurate utility records, abandoned or unrecorded utility facilities, and lost references. The proper selection and application of surface geophysical techniques for achieving QL-B data is critical. Information provided by QL-B can enable the accomplishment of preliminary engineering goals. Decisions regarding location of storm drainage systems, footers, foundations, and other design features can be made to avoid conflicts with existing utilities. Slight adjustments in design can produce substantial cost savings by eliminating utility relocations.&lt;br /&gt;
:4. Quality Level A: QL-A, also known as &amp;quot;locating or potholing&amp;quot;, is the highest level of accuracy presently available and involves the full use of the subsurface utility engineering services. It provides information for the precise plan and profile mapping of underground utilities through the nondestructive exposure of underground utilities, and provides the type, size, condition, material, and other characteristics of underground features.&lt;br /&gt;
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For projects with scopes that have potential for utility conflicts, the minimum level of effort required is SUE Quality Level D. Locations of existing utilities are determined by requesting locates through Missouri 811, also known as the “One-Call” process. Missouri 811 locating requests should be carefully considered for the scope of work of the project. When necessary, the location of existing utilities should be established by a field survey of locate markings and features and shown on the roadway plans. Higher level SUE Quality Levels can be used on any project. Adjustment cost savings, whether to the MoDOT or to the utility owner, are beneficial to the taxpayer. Good SUE projects are typically urban in nature, or in congested areas, where the project footprint is to be minimized, or anytime accurate vertical and horizontal location of the utility facility might allow a design to avoid the utility facility thus preventing the need for the adjustment. The SUE process combines civil engineering, surveying, and geophysics. It utilizes several technologies, including vacuum excavation and surface geophysics.&lt;br /&gt;
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When proposed excavation or installation of subsurface features (drainage, equipment bases, etc.) falls within three feet (3’) of a marked Missouri 811 line, soft digging (hand digging, potholing, vacuum methods, pressurized air/water jetting, pneumatic hand tools, etc.) is required to more exactly locate the utility facility both horizontally and vertically. Utility facilities present within the right of way by permit, should be investigated by the utility owner. Utility facilities that would be reimbursable or partially reimbursable as defined in EP 643.2.8 will be investigated by MoDOT.&lt;br /&gt;
&lt;br /&gt;
==643.2.4 Conflict Determination==&lt;br /&gt;
Determination of whether a conflict exists between an existing utility facility and a proposed highway improvement project should occur at the earliest possible stage of project development. A conflict may be the result of the physical interaction between the roadway infrastructure and utility facility, a reduction in cover or increase in fill over underground utilities, a reduction in horizontal clearance whether above or below ground, a reduction in overhead vertical clearance, paving over utilities, or restricting a utility owner’s access to its utility facilities. District utilities staff should work with utilities to determine if a conflict exists and the appropriate plan of adjustment to remedy the conflict. The adjustment to the utility may be a relocation or another measure that protects the utility or access to the utility from the proposed highway improvement project. Determination of a conflict needs to be continually re-evaluated as the project design progresses. Continuing coordination is essential.&lt;br /&gt;
&lt;br /&gt;
==643.2.5 Utility Plan of Adjustment==&lt;br /&gt;
===643.2.5.1 Request for Plan of Adjustment===&lt;br /&gt;
District utilities staff will request a plan of adjustment from utility owners whose utility facilities are in conflict with a proposed highway project. The plan of adjustment may consist of efforts to relocate the utility or otherwise protect a utility from the impacts of the proposed highway project. Utilities are shown on the roadway plan and profiles sheets that are furnished to utility owners for use in planning required utility adjustments. Any other sheets such as drainage, traffic signal, lighting, or ITS plans that show impacts to a utility facility should also be provided to the utility owners. All adjustments, reimbursable or not, require a plan of adjustment furnished by the utility owner.&lt;br /&gt;
&lt;br /&gt;
A transmittal letter is included in the request for a plan of adjustment. The letter informs the utility owner that regardless of whether an adjustment is reimbursable, no physical adjusting or relocating of their utility facilities to accommodate the proposed highway improvement is to be performed without specific approval and authorization. Additionally, if any part of the adjustment has the potential to be reimbursable, they are advised:&lt;br /&gt;
# They may undertake preliminary engineering by their own forces upon approval by district utilities staff of the estimated costs of preliminary engineering.&lt;br /&gt;
# They may employ a consultant to do the PE work provided they request and obtain prior approval. See [[#643.2.6_Preliminary_Engineering_Requirements|EPG 643.2.6 Preliminary Engineering Requirements]].&lt;br /&gt;
# Any preliminary engineering costs accrued prior to the date of written authorization to proceed will not qualify for reimbursement.&lt;br /&gt;
# Replacement right of way or easements cannot be purchased without specific approval and authorization.&lt;br /&gt;
&lt;br /&gt;
===643.2.5.2 Proposed Plan of Adjustment===&lt;br /&gt;
Developing a plan of adjustment is a multi-step process. The utility owner will propose a conceptual approach to adjusting the utility facilities to allow highway construction. This conceptual approach is used as the basis for determining cost responsibility, estimate of costs for preliminary engineering and construction, developing the agreement if necessary, and final design of the adjustment. Negotiations between district utility staff and the utility owner’s representative can result in changes to the design throughout the process.&lt;br /&gt;
&lt;br /&gt;
Final plans of adjustment must contain a legend on the first sheet identifying the utility symbols used. They must also show the existing utility facilities and their disposition, the location of the new or adjusted utility facilities, the existing and new right of way lines, the limited or fully controlled access symbols (where applicable), the existing and proposed roadways, ramps, and outer roadways and any other pertinent roadway information. They must contain sufficient details concerning location, elevation, compaction, clean up, etc. to provide for the proper adjustment of the utility facility. Relocated and/or existing utility facilities that will remain in place must be dimensioned or indicated in a manner to show their location in respect to the right of way lines. It is preferred that the utility owner transmits the plan of adjustment by electronic deliverables in a format that can be incorporated into the roadway plans. This will reduce the time and effort necessary as well as increase the accuracy of transferring this information into the roadway plans.&lt;br /&gt;
&lt;br /&gt;
Plans of adjustment received from the utility owner are to be checked for compliance with MoDOT’s requirements ([[#643.1_Utilities_Location|EPG 643.1 Utility Location]]) by the district utilities staff. They are also checked to ensure compatibility with the roadway design. Any continuing conflicts are resolved through negotiations with the utility owner.&lt;br /&gt;
&lt;br /&gt;
Occasionally, it is impractical to perform a utility adjustment in accordance with MoDOT’s requirements. Sometimes the utility may request approval of a plan of adjustment that does not conform to these requirements. Deviation from MoDOT’s utility requirements is a variance. Refer to [[#643.1.8_Variances|643.1.8 Variance Process]] for additional guidance.&lt;br /&gt;
The final plan of adjustment is included as Exhibit “A” to the agreement ([[#643.2.12_Utility_Agreements|EPG 643.2.12 Agreements]]).&lt;br /&gt;
&lt;br /&gt;
==643.2.6 Preliminary Engineering Requirements==&lt;br /&gt;
Preliminary engineering (PE) can be performed one of four ways for utility adjustments:&lt;br /&gt;
# The utility owner can use its own engineering forces.&lt;br /&gt;
# MoDOT can select an engineering consultant, after consultation with the utility owner, and the consultant contract will be administered by MoDOT.&lt;br /&gt;
# The utility owner can select an engineering consultant, with approval by MoDOT, and the consultant contract will be administered by the utility owner.&lt;br /&gt;
# If a utility adjustment is being included in a MoDOT administered construction contract, the preliminary engineering of the adjustment can be provided by MoDOT.&lt;br /&gt;
&lt;br /&gt;
For reimbursable utility adjustments, the amount paid to engineers, architects, and others for required engineering and allied services can be included in reimbursement amount provided such amounts are not based on a percentage of the costs of the necessary adjustments to allow highway construction. Reimbursement is available for contracts executed after solicitation of a consultant for the specific adjustment or existing continuing contracts when it is demonstrated that such work is performed regularly for the utility owner in its own work and that the costs are reasonable.&lt;br /&gt;
&lt;br /&gt;
A [https://epg.modot.org/forms/general_files/DE/UtilityConsultantContractChecklist.docx checklist is available for reviewing consultant-engineering contracts] to ensure the contract conforms to MoDOT policy and complies with applicable federal regulations. District utilities staff should use the checklist to review contracts and may consult with Audits and Investigations Division as necessary. The procedures in 23 CFR part 172, Administration of Engineering and Design Related Service Contracts may be used as a guide for reviewing proposed consultant contracts. [[:LPA:136.4_Consultant_Selection_and_Consultant_Contract_Management|EPG 136.4 Consultant Selection and Consultant Contract Management]] may also be used as a guide.&lt;br /&gt;
&lt;br /&gt;
===643.2.6.1 Solicited Consultant Contracts===&lt;br /&gt;
If solicitation of PE services is required for reimbursable utility adjustments, the utility owner must provide the following documents and information to district utilities staff. These documents need to be provided as soon as the utility owner has chosen to solicit a consultant. Document 1 must be supplied by all utility owners. Documents 2 and 3 are only required when the utility owner is a local government agency who is also a political subdivision of the state of Missouri (e.g., city-owned utilities, county-owned utilities). All other utility owners are encouraged, but not required, to provide Documents 2 and 3:&lt;br /&gt;
# A statement that the utility owner is not staffed or able to perform the required PE services with its own forces.&lt;br /&gt;
# Provide the names of at least three (3) consultants considered.&lt;br /&gt;
# The criteria used to evaluate each consultant and reasons why the selected consultant was selected.&lt;br /&gt;
&lt;br /&gt;
The following documents need to be provided as soon as the utility owner has successfully negotiated and entered into a contract with the consultant:&lt;br /&gt;
# The name and address of the selected consultant.&lt;br /&gt;
# A statement that the &amp;quot;[https://epg.modot.org/forms/general_files/DE/CertificationOfConsultant.docx Certification of Consultant]&amp;quot; will be furnished immediately upon award of the contract to the consultant.&lt;br /&gt;
# One executed copy of the proposed engineering contract or agreement between the utility owner and consultant, only if the engineering will exceed $5,000.00.&lt;br /&gt;
# The consultant&#039;s fixed (lump sum) or estimated fee (actual cost) and the contract maximum.&lt;br /&gt;
# A cost summary providing a detailed breakdown of the basis for the consultant&#039;s compensation, including estimated labor hours, hourly rates for each classification, overhead rate (if used), the amount of profit charged, and any other estimated charges such as travel expenses, equipment rentals, etc. If an overhead rate is used, the consultant must also submit the supporting overhead rate calculations.&lt;br /&gt;
# An independent cost estimate of engineering services provided by the utility owner to use in comparison to the consultant’s proposed engineering services to check for cost reasonableness.&lt;br /&gt;
&lt;br /&gt;
===643.2.6.2 Continuing Consultant Contracts===&lt;br /&gt;
When a utility owner chooses to use an existing continuing contract for PE services, the utility owner must provide the following documents and information to the district utilities staff as soon as possible.&lt;br /&gt;
# A statement that the utility owner is not staffed or able to perform the engineering with its own forces.&lt;br /&gt;
# The name and address of the consultant under the existing continuing contract.&lt;br /&gt;
# A statement that the &amp;quot;[https://epg.modot.org/forms/general_files/DE/CertificationOfConsultant.docx Certification of Consultant]&amp;quot; will be furnished.&lt;br /&gt;
# A copy of the continuing contract to the district utilities staff. The district utilities staff will review the contract for reasonableness of cost.&lt;br /&gt;
# The consultant&#039;s fixed (lump sum) or estimated fee (actual cost) and the contract maximum for the work associated with the utility adjustment.&lt;br /&gt;
# A cost summary providing a detailed breakdown of the basis for the consultant&#039;s compensation, including estimated labor hours, hourly rates for each classification, overhead rate (if used), the amount of profit charged, and any other estimated charges such as travel expenses, telephone, etc. If an overhead rate is used, the consultant must also submit the supporting overhead rate calculations.&lt;br /&gt;
# An independent cost estimate of engineering services provided by the utility owner to use in comparison to the consultant’s proposed engineering services to check for cost reasonableness.&lt;br /&gt;
&lt;br /&gt;
===643.2.6.3 Consultant Contract Changes===&lt;br /&gt;
If a PE services contract between a utility owner and a consultant needs to be revised, a copy of the revised contract, fee, and schedule should be submitted by the utility owner to the district utilities staff prior to allowing for contract changes. District utilities staff should review the contract changes to ensure the revised contract conforms to MoDOT policy and complies with applicable federal regulations.&lt;br /&gt;
&lt;br /&gt;
==643.2.7 Environmental and Right of Way==&lt;br /&gt;
===643.2.7.1 Utilities and Environmental Clearances===&lt;br /&gt;
District utilities staff should coordinate with the TPM and utility owner’s representative to understand and communicate on known environmental and cultural constraints that could impact a utility owner’s plan of adjustment. This will allow the utility owner to consider permitting timelines and alternatives that avoid environmental or cultural resources to keep the project on schedule.&lt;br /&gt;
&lt;br /&gt;
One strategy to make project delivery more efficient and ensure regulatory compliance is for MoDOT to obtain the environmental and cultural resource permits and clearances for the utility owners associated with a roadway improvement while obtaining its own. This would generally only be for the permits and regulatory clearances MoDOT already needs to pursue as a part of the transportation improvement.&lt;br /&gt;
&lt;br /&gt;
District utilities staff should coordinate with the utility owner’s representative early in the project timeline to determine if it is in the best interest of both MoDOT and the utility owner to obtain permits and environmental clearances jointly. The following strategies can be utilized to determine if a joint approach to environmental work should be pursued:&lt;br /&gt;
* If utility facilities are moving to a location within or immediately adjacent to MoDOT right of way, a utility owner may be invited to participate in permitting and environmental compliance activities.&lt;br /&gt;
* If utilities move to a location not within or adjacent to MoDOT right of way, the utility company would not normally be invited to participate in permit applications and environmental compliance activities. However, some unique projects may necessitate further attention and should be discussed with the Design Liaison Engineer.&lt;br /&gt;
&lt;br /&gt;
If MoDOT and the utility owner agree to obtain joint permits and clearances, written communication between the utility owner’s representative and the district utilities staff should document the following items:&lt;br /&gt;
* List of the permits and clearances that MoDOT will acquire on behalf of the utility owner.&lt;br /&gt;
* List of the information needed from the utility owner in order for MoDOT to acquire the permits and clearances.&lt;br /&gt;
* Schedule and deadlines for submittal of the information by the utility owner. For example: utility plans, fill quantities, construction methods, dates, or seasons of construction.&lt;br /&gt;
&lt;br /&gt;
Permits and clearances that may be needed by both a utility owner and MoDOT include:&lt;br /&gt;
* [[127.7_Threatened_and_Endangered_Species|Endangered Species Act consultation and clearance]]&lt;br /&gt;
* [[127.2_Historic_Preservation_and_Cultural_Resources#127.2.1.1_Historic_Preservation_Regulations_and_Laws|Section 106 of the National Historic Preservation Act clearance]]&lt;br /&gt;
* [[127.10_Section_4(f)_Public_Lands|Section 4(f) clearance]]&lt;br /&gt;
* [[127.10_Section_4(f)_Public_Lands#127.10.1.4_Section_6(f)_Laws_and_Regulations|Section 6(f) of the Land and Water Conservation Fund Act clearance]]&lt;br /&gt;
* [[127.4_Wetlands_and_Streams|Section 401 and Section 404 of the Clean Water Act permits]]&lt;br /&gt;
* [[:Category:806_Pollution,_Erosion_and_Sediment_Control#806.1_Introduction_(see_Sec._806)|Section 402 of the Clean Water Act permit (State Operating Permit for Erosion Control)]]&lt;br /&gt;
* [[127.8_Hazardous_and_Solid_Waste|Recommendations on contaminated soil disposition]]&lt;br /&gt;
&lt;br /&gt;
===643.2.7.2 Right of Way Acquisition and Utilities===&lt;br /&gt;
The Commission is obligated to acquire the width of right of way required by the design of the highway improvement. For utility facilities currently located within the Commission’s right of way, this includes the necessary space for the utility facilities impacted by the design of the highway improvement. Either additional right of way width to accommodate a utility corridor or a utility easement can be obtained for the relocation of utility facilities. When drainage easements are acquired along a channel, additional space for utility facilities should be considered to avoid conflicts between the utility facility and the bridge or culvert.&lt;br /&gt;
&lt;br /&gt;
District utilities staff should inform the utility owner’s representative of the potential of a conflict between an existing utility facility and a proposed highway construction project early in the project development process to allow sufficient time for the utility owner to prepare a plan of adjustment and notify the district utilities staff of any easement needs. When utility facilities are located on a utility owner’s private easement, the utility owner may obtain its own new easements. If the utility owner is not in a position to negotiate for new easements or if the utility owner’s policies will not permit it to condemn property to obtain the easement, MoDOT can acquire the easement in the same manner roadway right of way is obtained. The district utilities staff should verify the utility owner is aware of the opportunity to have MoDOT acquire the easement, and the utility owner should provide written documentation on whether the utility owner would like to pursue this option with MoDOT.&lt;br /&gt;
&lt;br /&gt;
For situations where the utility owner will obtain its own replacement right of way and the cost of the adjustment is MoDOT’s responsibility, the utility right of way cost should be reviewed by the district right of way department to ensure the cost is reasonable and acquisition followed state and federal regulations. In order to expedite utility adjustments necessary to allow highway construction, the district utility staff may authorize the utility owner to obtain easements prior to all details of a plan of adjustment being developed. In this situation, the district utilities staff should ensure enough details are known to justify the needed right of way, and an agreement for right of way costs only should be executed with the utility owner.&lt;br /&gt;
&lt;br /&gt;
For situations where MoDOT will obtain the right of way necessary to allow highway construction, district utility staff should negotiate with the utility owner’s representative to ensure all necessary utility easements are shown on the approved right of way plans. The TPM should confirm with district utilities staff that the right of way plans accurately reflect the needs of the utility owners prior to requesting right of way plan approval. The district Right of Way Manager should confirm with district utilities staff before requesting an acquisition date (A-date). Every effort should be made to avoid adding utility easement requests once negotiations with property owners have begun.&lt;br /&gt;
&lt;br /&gt;
Occasionally, when negotiations cannot be completed for easements for the adjustment of utility facilities, it may be necessary to condemn for the property. District utilities staff should coordinate with the utility owner’s representative to ensure no alternate design for the adjustment of the utility facility is practical. The decision to condemn for easements for the adjustment of the utility facilities requires the exercise of good judgment in reaching the conclusion that further good faith negotiations are futile and condemnation is necessary to maintain the project in the scheduled letting. The TPM should coordinate with the district utilities staff and district Right of Way (RW) personnel on the condemnation proceedings.&lt;br /&gt;
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Easement and other right of way documents used with utility owners are handled in accordance with procedures established jointly with RW and district utilities staff. District survey staff prepare the land descriptions for use in utility easements. The district utilities staff is responsible for completion of the easements in the correct form and scope. A sketch delineating the area described is attached to the easement as Exhibit “A”. Communication with the Design Division will ensure use of proper forms, corporate names and locations, and particular wording required for joint ownerships. The description for a utility easement is to be referenced to the nearest land corner shown on the plans. Examples of easements can be found in the template list in [https://netprod3.dot.missouri/eAgreements/Search/QuickSearch eAgreements].&lt;br /&gt;
&lt;br /&gt;
In situations where MoDOT is acquiring right of way with existing utility easements, but the district utilities staff and the utility owner’s representative agree that the utility facility may remain in place, the utility owner will release the property to the Commission separate from the right of way acquisition. This is done by executing an Easement for Highway Construction (UT16). The utility owner grants and conveys, with warranty of title expressed or implied, to the Commission, the right to construct, reconstruct, and maintain a highway over and across that portion of the easement owned and held by the utility owner. In the future, the utility owner retains any reimbursable rights should future projects require adjustments to allow highway construction.&lt;br /&gt;
&lt;br /&gt;
==643.2.8 Cost Responsibility==&lt;br /&gt;
In addition to determining if a conflict exists between an existing utility facility and a highway improvement project, it is important to determine who is responsible for the costs of the necessary adjustments to allow highway construction. An adjustment for which the Commission is responsible for the costs is known as a reimbursable adjustment. An adjustment for which the Commission is not responsible for the costs is known as a non-reimbursable adjustment. An adjustment for which the Commission and the utility share responsibility for costs is known as a partially reimbursable adjustment. Adjustments determined to be reimbursable or partially reimbursable by the Commission are to be completed under the terms of an agreement executed between the utility owner and the Commission.&lt;br /&gt;
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===643.2.8.1 Commission Responsibility===&lt;br /&gt;
====643.2.8.1.1 Utility Facilities Located on Private Easements====&lt;br /&gt;
When the utility facility is located on a private easement within the new right of way to be acquired for a future project, the Commission is responsible for the cost of the necessary adjustments to allow highway construction. It may be possible that such easement does not have written easement rights. The Commission will honor this oral right provided acceptable documentation is provided by the utility owner to the district utilities staff. An [https://epg.modot.org/forms/general_files/DE/NonwrittenEasementRights_Example.docx example of acceptable documentation for not written easement rights] is available. Other forms of documentation will be considered on an individual basis.&lt;br /&gt;
&lt;br /&gt;
=====643.2.8.1.1.1 Future Moves=====&lt;br /&gt;
When the utility facility is located on a private easement, taken into the Commission’s right of way, the Commission may agree that any future moves of the same utility by Commission order may be made at the Commission’s cost. Documentation of this agreement is by an Easement for Highway Construction (UT16) agreement. If the Commission provides a substitute private easement, then the Commission will have future obligations consistent with the utility facility’s status in an easement.&lt;br /&gt;
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====643.2.8.1.2 Utility Facilities Located within Commission Right of Way====&lt;br /&gt;
When the utility facility is located within Commission right of way, but has prior land rights, the Commission is responsible for the cost of adjustments to allow highway construction. The utility owner is responsible for documenting to the satisfaction of the district utilities staff, the basis for the claim of prior land rights within Commission right of way. Time spent researching prior rights is considered coordination and is reimbursable.&lt;br /&gt;
&lt;br /&gt;
====643.2.8.1.3 City or County Utility Facilities on City or County Streets====&lt;br /&gt;
When roadway improvements are within the corporate limits of cities, towns, and villages, a municipal agreement is negotiated between the Commission and the municipality. Likewise, when roadway improvements are within the limits of a county and outside the municipal limits, a county agreement is negotiated between the Commission and the County Commission. Included in these agreements are provisions regarding reimbursement for adjusting city or county owned utility facilities. Reimbursement is provided for adjustment of city or county owned utility facilities that are now located on city or county streets and not on Commission right of way.&lt;br /&gt;
&lt;br /&gt;
====643.2.8.1.4 Lumen====&lt;br /&gt;
Lumen – National (formerly CenturyLink, Lightcore, or Digital Telephone, Inc. (DTI)) and the Commission have entered into a partnership agreement, “Amended and Restated Fiber Optic Cable on Freeways in Missouri,” executed June 5, 2003 which obligates the Commission to be responsible for the cost of the necessary adjustments to allow highway construction along the routes identified in the agreement. A copy of the agreement is available to district utilities staff.&lt;br /&gt;
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====643.2.8.1.5 Services to the Commission====&lt;br /&gt;
When a utility facility provides a service connection to local Commission facilities such as power to traffic signals, lighting, ITS, and cathodic protection and phone drops to traffic signal controllers or other Commission facilities, the Commission is responsible for the cost of the necessary adjustments to allow highway construction.&lt;br /&gt;
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====643.2.8.1.6 Private Service Lines====&lt;br /&gt;
While most utility owners reconnect the private service lines at no cost to the property owner, some do not. If a utility owner does not reconnect service lines, MoDOT can include adjustment of private service lines in roadway contracts. Bid items for relocating service connections are provided for the different types of anticipated adjustments.&lt;br /&gt;
&lt;br /&gt;
====643.2.8.1.7 Second Moves====&lt;br /&gt;
If the Commission requires additional work to a utility facility after the facility has been relocated or adjusted in accordance with a plan of adjustment approved by the Commission for a single project number, the Commission is responsible for the cost of the additional work regardless of whether the initial adjustment was Commission responsibility as outlined in other parts of [[643.2_Local_Utility_Adjustments_-_Public_and_Private#643.2.8.1_Federalizing_Funds_for_Preliminary_Engineering|643.2.8.1]].&lt;br /&gt;
&lt;br /&gt;
The purpose of the policy is to encourage utilities to relocate early rather than waiting until plans are published for bidding. The policy eliminates the utility having to relocate twice at its own expense because of late changes in the design. It is best to have utilities relocated prior to construction, and this policy helps achieve that goal. Therefore, it is imperative that the designer notifies district utilities staff as soon as possible of any changes made after these plans have been sent. If notified immediately, it may be possible to inform the utility owner prior to their final design thereby eliminating a second move.&lt;br /&gt;
&lt;br /&gt;
Under this policy, the following are not considered second moves. Temporary and staged relocations necessary to accommodate construction and agreed upon by the utility and the Commission prior to relocation are considered a single move and are not subject to the provisions of the second move policy. If the Commission requires adjustment of a utility facility for which the utility owner is responsible for the cost of the adjustment and was originally determined to not need adjustment, the utility owner is responsible for the cost of the adjustment. The utility owner is responsible for the cost of additional work to any portion of the utility facility after the utility facility has been adjusted in accordance with a plan of adjustment approved by the Commission if the additional work is required by the Commission due to error by the utility owner in preparation of plan of adjustment, field location of, or construction of the adjustment of the utility facility.&lt;br /&gt;
&lt;br /&gt;
When evaluating construction contract changes by change order or value engineering, the impacts of the second move policy should be considered.&lt;br /&gt;
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===643.2.8.2 Utility Owner Responsibility===&lt;br /&gt;
====643.2.8.2.1 Utility Facilities Owned and Operated by a Political Subdivision====&lt;br /&gt;
When a utility facility is located within Commission right of way, but does not have prior land rights, the utility owner is responsible for the cost of the necessary adjustments to allow highway construction. When a utility facility is located on public right of way other than Commission right of way, the utility owner is responsible for the cost of the necessary adjustments to allow highway construction.&lt;br /&gt;
&lt;br /&gt;
When a political subdivision must bear part or all the cost of adjustments to their utility facilities, and the cost creates a financial hardship, the Commission, by its authorized representative, the Chief Engineer, may temporarily assume these costs. A payback agreement with the political subdivision will include an applicable interest rate for a comparable maturity from a widely published index of tax-exempt municipal rates obtained from Financial Services. Payback time will not exceed five (5) years.&lt;br /&gt;
&lt;br /&gt;
====643.2.8.2.2 Utility Facilities Other Than Those Owned by a Political Subdivision====&lt;br /&gt;
When a utility facility is on the right of way of a public road or street or on state highway right of way without prior land rights and adjustment is necessary to allow for the construction of a roadway improvement, the utility owner is responsible for the cost of the necessary adjustments to allow highway construction.&lt;br /&gt;
&lt;br /&gt;
===643.2.8.3 Shared Responsibility===&lt;br /&gt;
When a utility facility is located such that portions of it are a Commission responsibility and portions of it are a utility owner responsibility by the definitions above, the costs of the necessary adjustments to allow highway construction will be split by the Commission and the utility owner. If the exact cost for each party can be determined, each party will be responsible for their portion of the cost of relocating the utility facility. If the exact cost for each party cannot be determined, the parties will arrive at a percentage reimbursement on an equitable basis.&lt;br /&gt;
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===643.2.8.4 Notice of Hearing===&lt;br /&gt;
When relocation or other difficulties with utility facilities on public right of way arise that prevent resolution by negotiation, formal hearings will be required.&lt;br /&gt;
&lt;br /&gt;
The district initiates a request for a utility relocation hearing with a letter to the Chief Counsel’s Office (CCO) (a copy is provided to the Design Division) requesting a hearing date. CCO will arrange for a hearing room, court reporter, etc. and advise the district of the hearing date.&lt;br /&gt;
&lt;br /&gt;
The district will prepare the notice of hearing by strictly following the given format and serve the notice on all persons and utility owners listed. The property and utility owner must be served only by personal service or by mailing a certified letter, return receipt requested, no later than 15 days before the date of hearing. This will require the district to make every effort to identify the correct property owner before preparing the notice of hearing. To avoid delays, every attempt will be made to issue the hearing notice at least 30 days prior to the hearing date in case any property has changed ownership and any additional property owners must be served. A notice of hearing on service line connections will also be served on the private or public owner of the main or distribution line to which the service lines are connected. A notarized &amp;quot;[https://epg.modot.org/forms/general_files/DE/ReportOnPersonalService.docx Report of Personal Service]&amp;quot; will be completed when notification by certified mail is not used.&lt;br /&gt;
&lt;br /&gt;
One copy of the hearing notice and attachments, &amp;quot;[https://epg.modot.org/forms/general_files/DE/ReportOnPersonalService.docx Report of Personal Service]&amp;quot; and certified mail notices are to be submitted to CCO after notification is complete.&lt;br /&gt;
&lt;br /&gt;
Prior to the hearing, the district&#039;s representative will become familiar with the details of the utility adjustment in order to provide concise testimony to expedite the hearing process. CCO will assign an attorney to work with the district and present the case.&lt;br /&gt;
&lt;br /&gt;
Refer to 7 CSR 10-3.030 020 Utility Relocation Hearings for additional information.&lt;br /&gt;
&lt;br /&gt;
A Waiver of Hearing should be obtained for non-reimbursable adjustments to document the commitment of the utility owner to adjust its utility facilities without adversely impacting the highway construction project. This may be accomplished informally via written communications between the district utilities staff and the utility owner’s representative. A [https://epg.modot.org/forms/general_files/DE/WaiverOfHearingForm.docx formal Waiver of Hearing statement] may be requested by either MoDOT or the utility owner. A [https://epg.modot.org/forms/general_files/DE/WaiverOfHearingLetter.docx sample transmittal letter for the Waiver of Hearing] is available. For reimbursable or partially reimbursable adjustments, the formal agreement serves as the basis of documentation of this commitment.&lt;br /&gt;
&lt;br /&gt;
==643.2.9 Estimates==&lt;br /&gt;
District utilities staff will negotiate with utility owners to determine reimbursable costs of the necessary adjustments to allow highway construction ([[#643.2.8_Cost_Responsibility|EPG 643.2.8 Cost Responsibility]]). These estimates are prepared in accordance with the provisions of 23 CFR 645 and any amendment thereto. These estimates must reflect the same procedures and costs used by the utility owners in their normal operations and must also accurately represent the expected costs of the work. The utility owner’s estimate will be reviewed by the district utilities staff to ensure compliance with 23 CFR 645.&lt;br /&gt;
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===643.2.9.1 Independent Cost Estimate===&lt;br /&gt;
The independent cost estimate provides the basis for district utilities staff to review the utility owner’s estimate of costs of the necessary utility adjustments to allow highway construction and any subsequent negotiations with the utility owner. The district utilities staff should prepare an independent cost estimate. The independent cost estimate may be based on unit prices of anticipated items of work in a utility adjustment necessary to allow highway construction. The independent cost estimate alternately may be based on recent similar types of utility adjustments necessary to allow highway construction and scaled for size. Consultants can be used to develop the independent cost estimate. All documentation of the independent cost estimate should be placed in MoProjects.&lt;br /&gt;
&lt;br /&gt;
===643.2.9.2 Type of Project Cost Estimates===&lt;br /&gt;
Either Actual Cost or Lump Sum estimates may be used for estimating the costs on the necessary utility adjustments to allow highway construction. If an Actual Cost estimate is used, detailed records of materials, labor, and equipment are made by district utilities and/or construction staff during construction, and a final audit of the utility owner’s cost records is made to determine the Commission’s actual responsibility for costs of the adjustment completed to allow highway construction. If a Lump Sum estimate is used, a final audit of costs for an adjustment in payment is not required. The Actual Cost method requires more detailed record keeping and documentation by the utility owner and district staff during construction. The Lump Sum method requires more upfront detail and work by the utility owner and judgment on the district utilities staff on the acceptability of the cost. The district utilities staff will work with the utility owner’s representative to determine the best type of estimate and therefore agreement to use.&lt;br /&gt;
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====643.2.9.2.1 Actual Cost Estimate====&lt;br /&gt;
The cost estimate that supports the actual cost agreement is prepared in sufficient detail to determine the reasonable expected cost of the work to support development of an agreement between the utility owner and the Commission. However, reimbursement is based on the actual costs of design and construction of the necessary adjustment to allow highway construction. The [https://epg.modot.org/forms/general_files/DE/ActualCostCostEstimate_Example.docx actual cost estimate] should detail all costs of the necessary adjustment to allow highway construction, even if the Commission is only responsible for a portion of the costs as detailed in EPG [[#643.2.8.3_Shared_Responsibility|643.2.8.3 Shared Responsibility]].&lt;br /&gt;
&lt;br /&gt;
[https://epg.modot.org/forms/general_files/DE/ActualCostCostEstimate_Example.docx Actual cost estimates] can be used for any dollar amount of reimbursement.&lt;br /&gt;
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====643.2.9.2.2 Lump Sum Estimates====&lt;br /&gt;
The cost estimate that supports the lump sum agreement must be accurate, comprehensive, verifiable, and in sufficient detail to present a clear picture of the work involved and the cost of the individual items. The estimate may cover only that portion of the adjustment for which the Commission is responsible for the costs of the necessary utility adjustments to allow highway construction.&lt;br /&gt;
[[https://epg.modot.org/forms/general_files/DE/LumpSumCostEstimate_Example.docx Lump sum estimates] are limited to a maximum of $200,000 of Commission responsibility of costs of the necessary utility adjustments to allow highway construction; however, exceptions may be made for special situations that have prior approval from Design Division. These exceptions usually cover major relocations for which the Commission&#039;s proportionate responsibility is extremely small.&lt;br /&gt;
&lt;br /&gt;
===643.2.9.3 Utility Cost Estimate Requirements===&lt;br /&gt;
Whether using an Actual Cost or Lump Sum estimate, the following should be included in the estimate, if applicable. If any of the following sections are not included in the estimate, a qualifying statement as to why the costs were not included should be provided.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.1 Scope of Work====&lt;br /&gt;
All estimates require a concise summary of the work to be performed on the estimate. An example is &amp;quot;an estimate of cost covering the work of relocating Company&#039;s 12-inch Cushing-Woodriver pipeline to accommodate construction of Route 47 in Franklin County on Job No. J6P0172&amp;quot;.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.2 Engineering Costs====&lt;br /&gt;
Costs of engineering, whether preliminary or construction, must be shown as separate items and are not to be included with &amp;quot;labor costs&amp;quot;. Concurrent cost accounting procedures of FHWA and MoDOT make this a necessity. See [[#643.2.6_Preliminary_Engineering_Requirements|EPG 643.2.6 Preliminary Engineering]] and [[#643.2.16.2_Construction_Contract_Requirements|EPG 643.2.16.2 Construction Contract Requirements]] for further information.&lt;br /&gt;
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====643.2.9.3.3 Right of Way Costs====&lt;br /&gt;
A detailed estimate of the cost to acquire replacement easements by the utility owner is required. The cost should be supported by a right of way plan.&lt;br /&gt;
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====643.2.9.3.4 Material Costs====&lt;br /&gt;
Quantities, description of the item, the unit cost, and the extended totals are shown. Percentage computations will be shown immediately following &amp;quot;total cost&amp;quot; so the utility owner’s and Commission&#039;s cost obligations are properly indicated. Unit assembly costs similar to those used by several of the rural electric association (R.E.A.) cooperatives are acceptable, provided the same units and charges are used in the utility owner’s regular operations. A handling charge conforming with the utility owner’s regular procedures may also be included.&lt;br /&gt;
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====643.2.9.3.5 Labor Costs====&lt;br /&gt;
Hours, individual or crew rates, and extended totals are shown. Payroll additives such as insurance, retirement, social security, vacation, and other benefits are shown as a separate item under this heading in accordance with utility owner’s regular procedures. Adequate explanation must be given for total percentage used, especially in those cases where materials and labor are combined as unit costs or where labor percentages include additives and equipment requirements.&lt;br /&gt;
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====643.2.9.3.6 Equipment Costs====&lt;br /&gt;
A description of the equipment to be used must be shown jointly with the number of hours to be charged. Rates charged for equipment usage must be justified by the utility owner’s established accounting procedures. When the utility owner does not have an established accounting procedure or a capitalization and depreciation schedule that is used in its own operations, the rates are to be established by using rental rate publications as a guide. A reasonable amount will be deducted, when using rental rate schedules, for profit that the rental company realizes. A full explanation of the methods used in establishing the rates must also be submitted to support the utility owner’s request and with approval of the district utilities staff.&lt;br /&gt;
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Equipment may be rented when the utility owner’s equipment is not available or is inadequate, with the rental rate justified by appropriate solicitation of bids. See [[#643.2.16.2_Construction_Contract_Requirements|EPG 643.16.2 Construction Contract Requirements]] for further information.&lt;br /&gt;
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Unusual accounting procedures may be accepted with adequate prior explanations and approval of the Design Division.&lt;br /&gt;
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====643.2.9.3.7 Removal Costs====&lt;br /&gt;
These costs are estimated and shown in a similar method but separately from installation costs. When removal costs exceed salvage credits by more than the estimated cost of removal by the roadway contractor, an effort should be made to persuade the utility owner to abandon the utility facilities in place. An exception is made when the utility owner is required to remove abandoned utility facilities because of liability, hazard, or by specific agreement with the Commission. Abandoned utility facilities can be included with the miscellaneous removals in the roadway contract. It may be possible for the utility owner to remove those portions of the utility facility for which credits will exceed removal costs, with the remainder of the utility facility to be abandoned for removal in the roadway contract. Materials removed must be itemized, with the utility owner’s customary salvage credit given. Items to be scrapped or junked should be indicated. Whenever a utility facility or portion thereof is shown to be abandoned on the plan of adjustment, the roadway plans should be notated accordingly. This eliminates ownership problems if these utility facilities are removed or salvaged by the roadway contractor.&lt;br /&gt;
&lt;br /&gt;
When the utility facility is no longer needed and removal is necessary to accommodate the roadway project, the removal of the item may be handled either as a right-of way-item or a utility adjustment. When handled as a right of way item, the damages allowed are to equal the depreciated value of the utility facility, with the necessary removals being accomplished by the roadway contractor. If accomplished as a utility adjustment, the Commission, by utility agreement, will reimburse the utility owner for removal costs and receive salvage credit for the material removed, up to but not exceeding removal costs.&lt;br /&gt;
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====643.2.9.3.8 Salvage of Removed Materials====&lt;br /&gt;
This statement, to explain the salvage credit or lack of credit, will reflect routine utility owner policy as well as the particular situation. The utility owner will place a value on any recovered material for salvage. District utilities staff should check this value for reasonableness. Examples of salvage statements include:&lt;br /&gt;
* Existing utility facilities to be abandoned in place, since the cost of salvaging, based on our past experience, will exceed their value.&lt;br /&gt;
* Only those items will be salvaged for which salvage credit will exceed the cost of removal and salvage.&lt;br /&gt;
* Company liability requires removal of the retired utility facilities, even though the cost of removal will exceed allowable credit for salvage.&lt;br /&gt;
* Salvage credits are in accordance with established company accounting procedures.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.9 Accrued Depreciation Credits====&lt;br /&gt;
Credit is required for the accrued depreciation of a utility facility that is being replaced. Examples are a building, structure, pumping station, filtration plant, power plant, substation, or other similar operational unit. Credit for accrued depreciation will not be required for a segment of the utility&#039;s service, distribution, or transmission lines. It is also not required when the building or structure is being moved as necessitated by the highway project. Acceptable accrued depreciation credit will be determined by using the following formula:&lt;br /&gt;
&amp;lt;math&amp;gt;\frac{\text{Actual Length of Service of Replaced Facility (Years)}}{\text{Total Estimated Service Life of Replaced Facility (Years)}} x&amp;lt;/math&amp;gt;&amp;lt;span style=&amp;quot;font-family: &#039;Times New Roman&#039;, Times, serif; font-size: 130%;&amp;quot;&amp;gt; Original Cost ($) = Credit ($)&amp;lt;/span&amp;gt;&lt;br /&gt;
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====643.2.9.3.10 Betterment Credits====&lt;br /&gt;
Betterment means the upgrading of the utility facility being relocated, made solely for the benefit of and at the election of the utility owner and is not attributable to the roadway improvement. Credit to the Commission is required for the additional costs incurred for the betterments introduced in the adjusted utility facility. No betterment credit is required for additions or improvements which are:&lt;br /&gt;
* Required by the highway project&lt;br /&gt;
* Replacement devices or materials that are of equivalent standards although not identical&lt;br /&gt;
* Replacement of devices or materials no longer regularly manufactured with next highest grade or size&lt;br /&gt;
* Required by law under governmental and appropriate regulatory commission code&lt;br /&gt;
* Required by current design practices regularly followed by the utility owner in its own work, and there is a direct benefit to the highway project&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.11 Overhead Costs====&lt;br /&gt;
Overhead costs are usually a percentage of the total labor cost. This item must be in accordance with the utility owner’s established accounting procedures, which in some cases may include handling costs or be a percentage of the total cost of the work involved. Additional attention to overhead costs is required when the rate is different from previously accepted rates. Occasionally, it can be difficult to obtain the necessary information at the time of the estimate to approve the overhead rates. In this situation, the estimate can be approved with exception of the overhead rates for payment. The utility owner is informed of this matter with the understanding that the overhead rates could be approved and paid with submission of appropriate supporting data and Financial Services audit review.&lt;br /&gt;
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====643.2.9.3.12 Prorating Costs====&lt;br /&gt;
The need for prorating utility adjustment costs occurs when both the Commission and the utility owner are responsible for a portion of the utility adjustment necessary to allow for highway construction, and the actual costs for reimbursement in each category cannot be explicitly determined. Generally, the following conditions require division of costs:&lt;br /&gt;
* The adjustment is considered partially reimbursable per [[#643.2.8.3_Shared_Responsibility|EPG 643.2.8.3 Shared Responsibility]]&lt;br /&gt;
* Betterments are included in the necessary adjustment of the utility facility&lt;br /&gt;
&lt;br /&gt;
The district utilities staff should negotiate with the utility owner’s representative to determine an equitable basis for the prorating of costs based on the characteristics of the utility adjustment necessary to allow for highway construction.&lt;br /&gt;
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====643.2.9.3.13 Costs Records====&lt;br /&gt;
The estimate should include a statement as to where the utility owner’s cost records may be reviewed. An example: &amp;quot;Company cost records will be available in our office at 2134 Industrial Avenue, Tulsa, Oklahoma&amp;quot;.&lt;br /&gt;
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====643.2.9.3.14 Other====&lt;br /&gt;
Additional statements will explain or further clarify the work that is included. Such other items may include bypasses, special equipment, need for larger utility facilities, etc.&lt;br /&gt;
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==643.2.10 Schedule==&lt;br /&gt;
Timely adjustments of utility facilities are essential for efficient completion of highway construction projects. Ideally, all utility adjustments are completed prior to a project’s Plans, Specifications, and Estimate (PS&amp;amp;E) submittal to Central Office. Depending on the specifics of the highway construction and utility adjustment necessary, early completion of the utility adjustment may not be practical. The district utilities staff should negotiate with the utility owner to determine the schedule parameters necessary for the utility adjustment. At a minimum, the utility owner should document the dates it anticipates starting and completing the work. If a utility adjustment depends upon the completion of a portion of the highway construction, the necessary milestone for starting the utility adjustment should be documented along with an anticipated number of working days to complete the utility adjustment. The schedule is included as Exhibit “C” to the agreement.&lt;br /&gt;
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==643.2.11 Pre-Audits==&lt;br /&gt;
The district utility staff performs a pre-audit review and approval prior to preparation of the agreement. A [https://epg.modot.org/forms/general_files/DE/PreAuditChecklist.docx pre-audit checklist] should be completed and saved in MoProjects.&lt;br /&gt;
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==643.2.12 Utility Agreements==&lt;br /&gt;
Whenever the Commission is responsible for the cost of the necessary adjustments to allow highway construction, an agreement is required. If a Master Reimbursable Utility Agreement (see [[#643.2.12.2_Master_Reimbursable_Utility_Agreements|EPG 643.2.12.2]]) has not been executed with the utility owner, a Project Specific Agreement (see [[#643.2.12.3_Project_Specific_Agreements|EPG 643.2.12.3]]) is executed between the utility owner and the Commission. In some cases, it may be more practical for the Commission to include adjustment of utilities into a Commission administered contract. A Utility Agreement - Actual Cost (For Utility Work That is to be Included in the Missouri Highways and Transportation Commission&#039;s Road Project) (see [[#643.2.12.4_Agreement_for_Utility_Work_Included_in_Roadway_Improvement_Project|EPG 643.2.12.4]]). Agreements include a plan of adjustment (Exhibit “A”), cost estimate (Exhibit “B”), and schedule (Exhibit “C”).&lt;br /&gt;
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The Utility Agreement boilerplate forms have been approved by the Chief Counsel’s Office (CCO). They are identified in the upper left-hand corner of each agreement by an identifier such as CCO Form: UT01 for the Master Reimbursable Utility Agreement. CCO updates these agreements as necessary. They serve as a guide in the preparation of the agreement to be executed with the utility owner for the adjustments required to their utility facilities to accommodate the proposed roadway improvement project. District utilities staff should use the latest version of the agreement found in [https://netprod3.dot.missouri/eAgreements/Search/QuickSearch eAgreements] in drafting an agreement with utility owners. A list of utility agreements and detailed information concerning the sequence for preparing and executing an agreement is available in EPG [[:Category:153_Agreements_and_Contracts|153 Agreements and Contracts]].&lt;br /&gt;
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These forms are to be used word for word. Revisions or additions are only made to address specific project details. The intent of each paragraph must be retained, although specific words may be revised to fit the particular situation. No paragraphs are deleted without prior approval from CCO. For guidance on acceptance of liability, refer to the [[:Category:153_Agreements_and_Contracts#153.1.1.2_Acceptance_of_Liability_Policy_(MoDOT_Access_Only)|Acceptance of Liability Policy]] at the CCO SharePoint page. Drafts of agreements having major revisions or complications are to be submitted, with supporting data, to Design Division for comment and approval.&lt;br /&gt;
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A reference to 23 CFR 645 is included in all agreements. Utility owners must be acquainted with these requirements and procedures. The incorporation of 23 CFR 645 by reference in all agreements eliminates the need for a second set of regulations to be included in the document.&lt;br /&gt;
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The agreement for the adjustment of a utility is prepared by the district utilities staff and submitted to the utility owner for execution. The agreement is based on the plan, estimate of cost which was prepared in accordance with 23 CFR 645, and schedule. Authorized individuals representing the utility owner will execute the agreement. The agreement must be signed, sealed, and if necessary, notarized by the utility owner. If the utility owner does not have or use a corporate seal, write &amp;quot;NO SEAL&amp;quot; under the signatures of the owner’s officers. Agreements with political subdivisions are to be supported by an appropriate ordinance, a copy of which is to be submitted with the executed agreements. All copies will be forwarded to the CCO for further handling. A fully executed copy of the agreement will be retained in eAgreements. If the agreement was executed using electronic signatures, the district utilities staff should forward an electronic copy of the fully executed agreement to the utility owner. If the agreement was executed using wet signatures, one (1) paper copy of the fully executed agreement will be returned by the Commission Secretary’s Office to the district utilities staff. The district utilities staff will forward this copy to the utility owner.&lt;br /&gt;
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===643.2.12.1 Buy America Build America Requirements===&lt;br /&gt;
All agreements contain information on Buy America Build America (BABA) compliance. The utility owner should select the method of certification (See [[#643.2.19_Buy_America_Build_America_for_Utilities|EPG 643.2.19]]) at the time of agreement completion. The appropriate paragraph will be inserted into the agreement. All BABA compliance documents must be retained by the utility owner and made available upon request at no cost to the Commission and/or FHWA.&lt;br /&gt;
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====643.2.12.1.1 Utility Owner Self-Certification====&lt;br /&gt;
The City/Company certifies that when determining products/materials subject to Buy America Build America requirements to use in the performance of this Agreement, it shall use only such products/materials for which it has received a certification from its supplier, or provider of construction services that procures the product/material, certifying compliance with Buy America Build America requirements. This does not include products/materials for which waivers have been granted pursuant to 23 CFR 635.410. The City/Company will not be required to provide the Commission copies of the supplier certification as part of this Agreement or with the final invoice of said Commission’s Federal-Aid Highway Construction Project.&lt;br /&gt;
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====643.2.12.1.2 Vendor/Manufacturer Certification====&lt;br /&gt;
The City/Company certifies that when determining products/materials subject to Buy America Build America requirements to use in the performance of this Agreement, it shall use only such products/materials for which it has received a certification from its supplier, or provider of construction services that procures the product/material, certifying compliance with Buy America Build America requirements. This does not include products/materials for which waivers have been granted pursuant to 23 CFR 635.410. The City/Company shall provide to the Commission all Buy America compliance documents as outlined in the Commission’s Engineering Policy Guide 643. All required compliance documents shall accompany the final invoice submitted to the Commission.&lt;br /&gt;
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===643.2.12.2 Master Reimbursable Utility Agreements===&lt;br /&gt;
The UT01: Master Reimbursable Utility Agreement (MRUA) is a statewide agreement that has been executed by the utility owner and the Commission for all future reimbursable utility adjustments between both parties. Once a MRUA is executed, no other utility agreements are required on design-bid-build projects. The district utilities staff should encourage utility owners to enter into a MRUA with the Commission to reduce potential future delays in executing a project specific agreement. A list of previously executed [https://modotgov.sharepoint.com/sites/DE/Utilities/Agreements/MRUA%20-%20Existing?csf=1&amp;amp;web=1&amp;amp;e=4LJHoa Master Reimbursable Utility Agreements (Modot Access Only)] is available. District utilities staff should add newly executed agreements to this list. The MRUA can be employed as either an actual cost ([[#643.2.12.3.1_Actual_Cost_Agreements|EPG 643.2.12.3.1]]) or lump sum ([[#643.2.12.3.2_Lump_Sum_Agreements|EPG 643.2.12.3.2]]) agreement. When the reimbursable adjustment will utilize a MRUA, the district utilities staff will prepare a MRUA correspondence letter (“letter agreement”) referencing the executed MRUA. A copy of the MRUA correspondence letter should be saved in MoProjects for reference by Financial Services, the district construction office, and the district staff responsible for inspection of utility adjustments. All project specific items such as type of agreement (actual cost or lump sum), plan of adjustment, estimated total cost, cost allocation, and schedule are addressed in the MRUA correspondence letter from the district utilities staff to the utility owner. A flowchart of the MRUA process is available.&lt;br /&gt;
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===643.2.12.3 Project Specific Agreements===&lt;br /&gt;
If a utility owner does not have a MRUA with the Commission, a project specific agreement will be required for every project for which the Commission is responsible for the necessary adjustments to allow highway construction. The project specific agreement will be either an actual cost ([[#643.2.12.3.1_Actual_Cost_Agreements|EPG 643.2.12.3.1]]) or lump sum ([[#643.2.12.3.2_Lump_Sum_Agreements|EPG 643.2.12.3.2]]) agreement.&lt;br /&gt;
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====643.2.12.3.1 Actual Cost Agreements====&lt;br /&gt;
The UT03: Utility Agreement – Actual Cost is used when detailed estimates are not practical or costs appear to be questionable. Details on actual cost estimates can be found at [[#643.2.12.3.1_Actual_Cost_Agreements|EPG 643.2.9.2.1 Actual Cost Estimates]]. Once the final invoice on a UT03 is submitted to Financial Services, district utilities staff should change the status on the agreement in eAgreements to completed.&lt;br /&gt;
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====643.2.12.3.2 Lump Sum Agreements====&lt;br /&gt;
The UT02: Utility Agreement – Lump Sum eliminates the need for keeping detailed records of cost and the auditing of cost records. Estimates of cost must be prepared in detail for use of this agreement. When detailed estimates are not practical or costs appear unreasonable, actual cost agreements are to be used. Use of special forms of agreements, such as &amp;quot;subordination agreements&amp;quot;, which are desired by certain utility owners, is acceptable. These, too, must be revised to cover the particular situation. Details on lump sum estimates can be found at [[#643.2.9.2.2_Lump_Sum_Estimates|EPG 643.2.9.2.2 Lump Sum Estimates]]. Once the final invoice on a UT02 is submitted to Financial Services, district utilities staff should change the status on the agreement in eAgreements to “completed”.&lt;br /&gt;
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===643.2.12.4 Agreement for Utility Work Included in Roadway Improvement Project===&lt;br /&gt;
The UT04: Utility Agreement - Actual Cost (For Utility Work That is to be Included in the Missouri Highways and Transportation Commission&#039;s Road Project) allows for the adjustment to be based on actual cost with the roadway contractor performing the utility work. Caution should be exercised in the type of utilities to be relocated in roadway contracts. Utilities recommended are waterlines and sewer lines. Other utilities, such as gas lines, communication lines, and power lines are to be studied thoroughly before being included in the project.&lt;br /&gt;
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The Transportation Project Manager and district utilities staff must plan ahead to get this work in the roadway contract. The utility owner must agree to include the utility adjustment in the roadway contract. The adjustment may be on highway right of way or on private easement in the name of the utility owner. The utility owner can agree to allow MoDOT’s contractor to work in its easement. However, district utilities staff in consultation with district right of way staff should review the easement documentation to verify the utility owner’s rights to the easement and any limitations on its use. MoDOT’s contractor can work and operate on both Commission right of way and on the utility easement, even when not directly connected to the Commission right of way, as part of the job site. Temporary construction easements may be necessary in addition to the utility easement to ensure adequate working room for the contractor.&lt;br /&gt;
&lt;br /&gt;
:The utility owner may request exemption to any liability for negligence of our contractor working on their easement. The Commission can assume that liability (refer to [[:Category:153_Agreements_and_Contracts#153.1.1.2_Acceptance_of_Liability_Policy_(MoDOT_Access_Only)|Acceptance of Liability Policy]]), but it should be included in the utility agreement if so desired by the utility owner. A Job Special Provision is necessary to require the MoDOT contractor to hold the utility harmless from all claims due to contractor negligence.&lt;br /&gt;
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Subsurface information, i.e. boring data, etc., should be obtained by the utility owner since it may be needed for the design of the utility adjustment. This information should be included in the plans. If the utility owner must bear all or part of the cost of the adjustment, the utility owner must agree to pay a pre-deposit to the Commission prior to opening bids on the project. This should be in the utility agreement. The pre-deposit will be credited to the &amp;quot;Missouri Highway and Transportation Commission - Local Fund.&amp;quot; Any interest earned in the fund will apply to the cost of the adjustments. The utility agreement will include language that the utility will inspect the installation and assume maintenance of the utility facility after construction. MoDOT will also provide engineering supervision to be sure the road contractor is in compliance with the contract. Utility plans and specifications are to be approved by the owner prior to submittal to the Central Office. The following items will provide minimum information to allow MoDOT’s contractor to bid the work.&lt;br /&gt;
# Individual bid items (not &amp;quot;lump sum&amp;quot;) should be established to promote better bidding and to handle overruns and underruns. Bid items not included on the Computer Stored Bid Item list should be &amp;quot;99&amp;quot; numbers.&lt;br /&gt;
# he bid package must be in our letting format. If the package was prepared by a consultant as if the utility owner were going to let it, all bid bond or bidding procedures must be screened to remove requirements contrary to MoDOT letting requirements. District utilities staff should work with the Transportation Project Manager, Design Liaison Engineer, and Central Office Bidding and Contract Services to ensure this requirement is met.&lt;br /&gt;
# The specifications required by the utility owner should be reviewed for items that could cause a bid problem for our contractor. Items such as non-readily available materials or sizes should be avoided.&lt;br /&gt;
# Utility plan sheets should be .pdf files equivalent to 22 in. x 34 in. It is helpful to have a quantity sheet specifically for utility items.&lt;br /&gt;
# Any special procedures required for the utility installation should be included in the Job Special Provisions.&lt;br /&gt;
# The utility package should be submitted on-time to Central Office with other project plans.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.5 Agreement for a Utility Only Project===&lt;br /&gt;
Any of the above agreements can be modified for a utility only project separate from the roadway project. The utility only project may be done by forces hired by the utility owner or by the Commission. A separate utility only project has distinct advantages when the following occurs:&lt;br /&gt;
* The utility work is extensive&lt;br /&gt;
* It must be performed in accordance with the utility owner’s seasonal requirements&lt;br /&gt;
* It extends beyond the limits of the construction project&lt;br /&gt;
* It must be performed considerably in advance of the roadway contract&lt;br /&gt;
&lt;br /&gt;
Necessary environmental and design work is still required for the limits of the separate utility only project. It may be necessary in these cases to have a second agreement with the utility owner to cover any other work that must be performed concurrently with the roadway contract. These latter agreements will use the roadway construction job number. Early need for utility projects is to be determined at the time when the STIP is updated each year. The utility construction funds will be shown in the year right of way funds are assigned. This will be done whenever possible to secure early adjustment of utility facilities. A request by the district is sent to the Planning Division. Estimated dollar amounts for utility adjustments are needed. These are estimates and do not need to be extremely accurate. When a special utility project is established, it is preferred, if at all possible, to include all the utility adjustments necessary for the entire roadway project. If funds are available, additional agreements can be added to this utility project until the final invoice for the first completed agreement is received for payment.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.6 Supplemental Agreements===&lt;br /&gt;
For utility owners with a UT01 agreement, a supplemental letter agreement documenting the change in the scope or cost of the work is acceptable.&lt;br /&gt;
&lt;br /&gt;
The UT05: First Supplemental Agreement is used to document changes to UT02 and UT03 agreements. If changes to the scope of work occur that are anticipated to exceed $100,000 or 15% of the original agreement, a UT05 is required. If the final invoice on an actual cost adjustment without changes in the scope of work exceeds the limits shown in the table below, a UT05 is required.&lt;br /&gt;
&lt;br /&gt;
{| class=&amp;quot;wikitable&amp;quot; style=&amp;quot;margin-left: 25px; text-align:center&amp;quot;&lt;br /&gt;
! Amount in Original Actual Agreement !! Final Bill Total Exceeds Original Amount by:&lt;br /&gt;
|-&lt;br /&gt;
| 0-$25,000 || 50%&lt;br /&gt;
|-&lt;br /&gt;
| $25,000-$100,000 || 40%&lt;br /&gt;
|-	&lt;br /&gt;
| Exceeds $100,000 || 30%&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
Should multiple UT05s be required with the same utility owner, the UT05 should be modified for additional supplemental agreements. Once the final invoice on an UT05 is submitted to Financial Services, district utilities staff should change the status on the agreement in eAgreements to “completed”.&lt;br /&gt;
&lt;br /&gt;
==643.2.13 Utility Adjustments in Roadway Plans and Job Special Provisions (JSPs)==&lt;br /&gt;
It is the responsibility of the MoDOT Transportation Project Manager (TPM) to ensure utility plans of adjustment are shown on the project plans at the Plan, Specification, and Estimate (PS&amp;amp;E) stage based upon information coordinated by the district utilities staff with the appropriate utility owner.&lt;br /&gt;
&lt;br /&gt;
===643.2.13.1 Plans===&lt;br /&gt;
A legend showing all applicable utility symbols and the names of the utility owners is shown on the first special utility sheet. In the absence of special utility sheets, this information may be shown on the title sheet or the first plan and profile sheet. The following note is required to be placed on the title sheet or the first plan and profile sheet and the first special utility sheet (if used) to inform contractors of the suitability of the utility information contained on the plans.&lt;br /&gt;
&lt;br /&gt;
&amp;quot;The existence and approximate location of utility facilities known to exist, as shown on the plans, are based on the best information available to the Commission at this time. This information is provided by the Commission &amp;quot;as-is&amp;quot; and the Commission expressly disclaims any representation or warranty as to the completeness, accuracy, or suitability of the information for any use. Reliance upon this information is done at the risk and peril of the user, and the Commission shall not be liable for any damages that may arise from any error in the information&amp;quot;.&lt;br /&gt;
&lt;br /&gt;
===643.2.13.2 Job Special Provisions===&lt;br /&gt;
Since the addition of utility information on the plans, supplied by a third party, could subject the Missouri Highway and Transportation Commission to additional liability, a Utility JSP reflecting the status of utility adjustments will be required. The JSP will include the name, address, e-mail address, and telephone number of all utility owner representatives for all utility facilities located on the project. The anticipated adjustment completion date for each utility adjustment is also to be shown based on the agreed upon dates, durations, or completion dates with the utility owner’s representative. This information will inform the bidder of the status of utilities for proper work coordination that could affect the bids for the proposed highway construction project. Status notations will include general notations such as: “N/A”, “Work is in progress”, “Work has not started”, “Work is complete”, and “Work is included in contract.”&lt;br /&gt;
&lt;br /&gt;
===643.2.13.3 PS&amp;amp;E Submittal===&lt;br /&gt;
In the District Final Plans Submittal Checklist (D-12), the TPM should note any issues related to existing utility facilities or the adjustment of utility facilities either shown or not shown on the plans. Projects with “No Utility Impacts” such as some overlays, striping, bridge washing, etc. do not need a Utility Status Letter or Utility JSP. The D-12 is used for these projects. In the D-12, under Project Details – “Utilities”, the note “NO” is selected and under “Status”, select “Clear”. For all other projects, the district utilities staff will write a Utility Status Letter. The TPM will include the Utility Status Letter with the submittal of the final plans to the Design Division. The Utility Status will be defined as:&lt;br /&gt;
# Utility facilities are present, but no conflict is anticipated with the highway construction project. Or,&lt;br /&gt;
# All utility facilities requiring adjustment to allow highway construction have been physically adjusted on the project. Or,&lt;br /&gt;
# Utility construction work is planned or active and will be completed to such a point that no impact will be expected to the highway construction project. The status of this work is defined in the utility JSP. Or,&lt;br /&gt;
# Utility facilities are not expected to be adjusted by the notice to proceed date for the road project, but the utility work will have no impact on the progress of the highway construction project. The status of this work is defined in the utility JSP. Or,&lt;br /&gt;
# Utility facilities must be adjusted after the road contractor completes stage construction or in coordination with the contractors’ work. Details of the coordination effort required of the contractor are defined in the utility JSP to properly advise bidders. Or,&lt;br /&gt;
&lt;br /&gt;
# Utility adjustment plans and specifications are included in the bid documents for the highway construction project. A UT04 agreement must be executed.&lt;br /&gt;
&lt;br /&gt;
==643.2.14 Payment to Utility Companies for Reimbursable Work==&lt;br /&gt;
Authorization and federal funding obligation must be approved prior to incurring costs. This applies to all types of work on utility facilities including preliminary engineering. An obligation is a commitment by the federal government to reimburse MoDOT for the federal share of a project’s eligible cost.&lt;br /&gt;
&lt;br /&gt;
===643.2.14.1 Obligation Process===&lt;br /&gt;
Federal funding can be used with both lump sum and actual cost agreements. After the utility agreement is fully executed, the district utilities staff will email a copy of the utility agreement or the letter agreement referencing the MRUA to the email group OBLIGATE. This email should request the authorization authority for use of federal funds and to be informed of a Notice to Proceed (NTP) (see [[#643.2.15_Notice_to_Proceed|EPG 643.2.15]]) date by Financial Services once federal funding has been obligated. District utilities staff should allow three (3) weeks to receive the NTP. Financial Services will use Advance Construction (AC) funding to fund reimbursement to utility owners. With AC funding, state funds initially are used to pay for reimbursement to utility owners. Once construction is complete, with appropriate documentation of the work via the [https://epg.modot.org/forms/general_files/DE/C-9.docx C-9] and [https://epg.modot.org/forms/general_files/DE/C-13.docx C-13], Financial Services will convert to federal funding.&lt;br /&gt;
&lt;br /&gt;
===643.2.14.2 Preliminary Engineering===&lt;br /&gt;
On occasion, preliminary engineering (PE) may need to be undertaken by the utility owner prior to the execution of a utility agreement. If a utility owner has a MRUA, an estimate of the cost of the PE work by the utility owner may be used to obligate funding for preliminary engineering under the MRUA as a PE only letter agreement. If a lump sum or actual cost agreement will be required with the utility owner for the project, district utilities staff should do two (2) agreements with one agreement covering PE only, and once a design for the adjustment is obtained, a second agreement for the construction of the adjustment should be executed. If a separate PE only agreement is obtained, NTP will need to be issued twice to the utility owner: once for PE and once for construction.&lt;br /&gt;
&lt;br /&gt;
===643.2.14.3 Right of Way===&lt;br /&gt;
Once Notice to Proceed has been given, the utility owner may begin the right of way acquisition process. If the utility owner needs to acquire right of way prior to a full agreement for relocation has been negotiated, the agreement specifically for the acquisition of right of way should be executed. This agreement will be sent to Financial Services to begin the obligation process.&lt;br /&gt;
&lt;br /&gt;
===643.2.14.4 Construction===&lt;br /&gt;
Payment to utility owners for construction of the adjustment may occur in a number of phases.&lt;br /&gt;
&lt;br /&gt;
====643.2.14.4.1 Prepayment====&lt;br /&gt;
Per the utility agreement, the Commission allows utility owners to be prepaid prior to commencing work. The district utilities staff may negotiate the prepayment if the utility owner is receptive. The utility owner will submit a request for prepayment with an invoice prior to any prepayment. Route, county, and job number must be included in the request. The district utilities staff will submit a request to Financial Services with a copy saved in MoProjects for future reference by the district staff responsible for inspection of the utility adjustment.&lt;br /&gt;
&lt;br /&gt;
====643.2.14.4.2 Progress Payments====&lt;br /&gt;
If a utility owner has not been prepaid the entire estimated amount in the utility agreement, then the utility owner may request progress payments after completing a portion of the proposed work, including PE.&lt;br /&gt;
&lt;br /&gt;
Progress payments for PE by consultants should not exceed the &amp;quot;maximum not to exceed amount&amp;quot; shown in the cost estimate unless additional costs are approved first by district utilities staff.&lt;br /&gt;
&lt;br /&gt;
For progress payments, the utility owner is required to submit only a summary of work and materials for which payment is claimed, not a detailed billing. District utilities staff should check only to be sure that sufficient work has been done to justify making the requested payment. Payment should be made for allowable costs incurred up to the date of the progress payment request.&lt;br /&gt;
&lt;br /&gt;
Progress payment invoices do not relieve the utility owner of the responsibility of submitting one complete and final invoice upon completion of the adjustment. The utility owner’s address must be shown on the invoice. The district utilities staff should submit progress payment invoices and applicable C-9s to Financial Services within one (1) week of receipt of invoice.&lt;br /&gt;
&lt;br /&gt;
One copy of the progress payment and one copy of the district utilities staff letter of recommendation must be sent to Financial Services for payment and be stored in MoProjects. The cover memo should include the project number, route, county, actual cost or lump sum utility agreement, Commission obligation percentage, total cost estimate of Commission obligation, and indicate the progress payment number, i.e., progress payment number 1, 2, 3, etc. If more than one progress payment is requested by the utility company, the district should submit progress payment bills to Financial Services in the following format:&lt;br /&gt;
{| class=&amp;quot;wikitable&amp;quot; style=&amp;quot;margin-left: 25px; text-align:center&amp;quot;&lt;br /&gt;
! Payment !! Amount&lt;br /&gt;
|-&lt;br /&gt;
| Progress Payment #1 || $50,000&lt;br /&gt;
|-&lt;br /&gt;
| Progress Payment #2 || 10,000&lt;br /&gt;
|-	&lt;br /&gt;
| Total Payment to Date || $60,000&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
This format will help clarify payment history with the utility owner. Progress payments for actual cost utility agreements may not exceed the Commission&#039;s total estimated cost shown in the agreement. However, if the request for a progress payment exceeds the original estimate, a change order with explanation should accompany the request. (See [[#643.2.16.5_Change_Orders|EPG 643.2.16.5 Change Orders]].)&lt;br /&gt;
&lt;br /&gt;
====643.2.14.4.3 Final Payment====&lt;br /&gt;
Utility owners are required to submit a detailed final invoice to MoDOT for all actual cost reimbursable utility work and for any lump sum reimbursable utility work that was not prepaid. For prepaid lump agreements, the utility owner must submit a zero-dollar ($0) invoice to demonstrate the work has been completed. After the utility work has been fully completed, the district utilities staff responsible for inspection should send the utility owner a “60 Day” [https://epg.modot.org/forms/general_files/DE/FinalInvoiceLetter.docx Final Acceptance Letter] requesting a complete final invoice within 60 days, as detailed in the utility agreement. If the final invoice is not received from the utility owner within 30 days, then a follow up letter should be sent (i.e., “30 Day” [https://epg.modot.org/forms/general_files/DE/FinalInvoiceReminderLetter.docx Reminder Final Invoice Letter]) reminding the utility owner of its obligation to submit a final invoice within 60 days of the completed work. If a final invoice from the utility owner is not received within this timeframe, then the district utilities staff should contact the Design Liaison Engineer for guidance on how to close out the work.&lt;br /&gt;
&lt;br /&gt;
The district utilities staff is expected to check the final bill within two (2) weeks after receipt in as much detail as possible against the C-9. It is their responsibility to verify from field records the quantities of labor, equipment, material used, material retired, and to justify all changes made. If the utility owner’s contractor made the adjustment at unit cost prices, then it is the district utility staff’s responsibility to verify the number of units completed and not the hours of labor and equipment. It is also important for the utility owner to show the words “final bill” or “final invoice” on the last bill, in order for MoDOT to understand that no additional charges will be made on the adjustment. The final bill must show a general description of the utility adjustment, the highway project number, the date on which work was completed or last item of billed expense was incurred, and the location where records can be audited. The order of items in the final statement should follow as closely as possible the order of items in the original estimate. A summary, on the utility owner’s letterhead, of the total cost of preliminary engineering, construction engineering, right of way, labor, overhead, construction travel expense, transportation, equipment, materials, supply, handling, and salvage credits should be shown in a way that will permit direct comparison with the approved estimate from the original or supplemental agreements (see [[#643.2.12.6_Supplemental_Agreements|EPG 643.2.12.6]]).&lt;br /&gt;
&lt;br /&gt;
If the Actual Cost final invoice shows a much higher cost than the original estimate without scope change, the utility owner is required to give reasons in a letter to the district utilities staff explaining why the invoice cost increased. When the Actual Cost final invoice exceeds the amount shown in the table in [[#643.2.12.6_Supplemental_Agreements|EPG 643.2.12.6]], a supplemental agreement is required.&lt;br /&gt;
&lt;br /&gt;
When the district utilities staff has determined that the final invoice is accurate, the C-13 should be completed. Once the C-13 is completed, the C-13 and the final invoice from the utility owner are forward to Financial Services. For Actual Cost agreements, the C-9s should also be included in this transmittal. If no additional payments are required, the district utilities staff should note this in the transmittal as well. If the final invoice indicates previous payments to a utility owner exceeded the final invoice, the utility owner will need to send MoDOT a check for the overpayment amount. The check should be made payable to Director of Revenue – Credit State Road Fund. If the utility owner did not send MoDOT an overpayment check with the final invoice, district utilities staff should send a letter to the utility owner requesting the refund amount. Submittal of the final invoice to Financial Services should not occur until repayment has been received. The submittal to Financial Services should note the receipt of the repayment check.&lt;br /&gt;
&lt;br /&gt;
==643.2.15 Notice to Proceed==&lt;br /&gt;
For PE only, once an agreement has been executed, and Financial Services has advised that authorization from FHWA has been received, district utilities staff will issue a notice to proceed (NTP) letter to the utility owner for the PE. For agreements that include PE and construction or once a final agreement for construction has been executed, right of way clearance has been issued, and Financial Services has advised that authorization from FHWA has been received, the district utilities staff will issue NTP to the utility owner for construction. See [https://epg.modot.org/forms/general_files/DE/NoticeToProceedExampleLetter.docx Example of Notice to Proceed Letter]. If salvage credit is part of the agreement with the utility owner, the NTP letter should include a statement that the utility owner will need to inform district utilities staff of the time and place that inspection may be made of the removed material. The utility owner may be held accountable for full value of materials disposed without proper notice. Utility owners may purchase materials prior to NTP for construction; however, no other work on the adjustment necessary to allow highway construction may begin prior to NTP for construction. The utility owner, for reasons of planning their workload or due to seasonal situations, may request early authorization to perform the work. This request, with the district utilities staff recommendations, is sent to the Design Liaison Engineer for further handling, approval, and advancement of the necessary funds. A copy of the NTP should be saved in MoProjects. If a utility owner begins adjustments prior to NTP for construction, district utilities staff should notify the utility owner immediately in writing that reimbursement will not be made for work done prior to NTP for construction.&lt;br /&gt;
&lt;br /&gt;
==643.2.16 Construction of Utility Adjustments==&lt;br /&gt;
===643.2.16.1 Utility Owner Self-Perform===&lt;br /&gt;
As per 23 CFR 645.115 Construction, it may be cost-effective for certain utility adjustments to be performed by a utility owner with its own internal forces and equipment, provided the utility owner is qualified to perform the work in a satisfactory manner. This cost-effectiveness finding covers minor work on the utility owner’s existing utility facilities routinely performed by the utility owner with its own forces.&lt;br /&gt;
&lt;br /&gt;
===643.2.16.2 Construction Contract Requirements===&lt;br /&gt;
When the utility owner is not adequately staffed and equipped to perform such work with its own forces and equipment at a time convenient to coordination with the associated highway construction, such work may be done one of four ways for utility adjustments:&lt;br /&gt;
# MoDOT can provide the construction services, via awarded contract to the lowest qualified bidder based on appropriate solicitation. This can be done by including the adjustment work in the roadway improvement project ([[#643.2.14_Payment_to_Utility_Companies_for_Reimbursable_Work|EPG 643.2.12.4 Utility Agreement for Utility Work Included in Roadway Improvement Project]]) or by having a utility only project ([[#643.2.12.5_Agreement_for_a_Utility_Only_Project|EPG 643.2.12.5 Utility Only Project]]).&lt;br /&gt;
# The utility owner can award a construction contract to the lowest qualified bidder based on appropriate solicitation.&lt;br /&gt;
# The utility owner can utilize an existing continuing contract, provided the costs are reasonable (see [[#643.2.9.1_Independent_Cost_Estimate|EPG 643.2.9.1 Independent Cost Estimate]]).&lt;br /&gt;
# The utility owner can contract for low-cost incidental work, such as tree trimming and the like, without competitive bidding, provided the costs are reasonable (see [[#643.2.9.1_Independent_Cost_Estimate|EPG 643.2.9.1 Independent Cost Estimate]]).&lt;br /&gt;
&lt;br /&gt;
When a utility owner chooses option 2 to award its own new construction contract, the utility owner must provide the following documents and information to the district utilities staff. These documents need to be provided as soon as the utility owner has chosen to pursue a construction contract. Document 1 must be supplied by all utility owners. Documents 2 and 3 are only required when the utility owner is a local government agency who is also a political subdivision of the state of Missouri (e.g., city-owned utilities, county-owned utilities). All other utility owners are encouraged, but not required, to provide Documents 2 and 3.&lt;br /&gt;
# A statement that the utility owner is not staffed or able to perform the required construction activities with its own forces.&lt;br /&gt;
# A copy of the request for proposal used to secure bids.&lt;br /&gt;
# A list of a minimum of 3 bidders whom they believe can do the work. &#039;&#039;&#039;Political subdivisions are required to advertise for the work&#039;&#039;&#039;.&lt;br /&gt;
# Upon review of these documents, the district utilities staff will advise the utility owner to proceed with the solicitation of bids, but the utility owner will not be permitted to award the contract without the concurrence of district utilities staff. For lump sum agreements, approval of contract work and subcontract work is not required.&lt;br /&gt;
&lt;br /&gt;
The following documents need to be provided as soon as the utility owner has determined the lowest qualified contractor and would like to award the project. Document 1 must be supplied by all utility owners. Document 2 is only required when the utility owner is a local government agency who is also a political subdivision of the state of Missouri (e.g., city-owned utilities, county-owned utilities). All other utility owners are encouraged, but not required, to provide Document 2.&lt;br /&gt;
# The name address of the lowest qualified contractor.&lt;br /&gt;
# The tabulation of bids received and other information to support their recommendation for award to the lowest qualified bidder.&lt;br /&gt;
&lt;br /&gt;
The district utilities staff will review and approve the utility owner&#039;s bid information prior to the award of the contract. The Design Liaison Engineer is available to assist the district with review of bid information if necessary. Once the district utilities staff provides concurrence, the utility owner may proceed with awarding the contract. When the utility owner is a local government agency who is also a political subdivision of the state of Missouri (e.g., city-owned utilities, county-owned utilities), a copy of the executed contract must be shared with the district utilities staff. All other utility owners are encouraged, but not required, to provide a copy of the executed contract.&lt;br /&gt;
&lt;br /&gt;
A [https://epg.modot.org/forms/general_forms/DE/UtilityConsultantContractChecklist.docx checklist is available for reviewing contracts] to ensure the contract conforms to MoDOT policy and complies with applicable federal regulations.&lt;br /&gt;
&lt;br /&gt;
When a utility owner chooses to utilize an existing continuing contract, the utility owner will submit a copy of the contract to the district utilities staff. The district utilities staff will review the contract for reasonableness of cost. If district utilities staff and the utility owner’s representative cannot agree on the reasonableness of cost, then the utility owner will be required to award a new construction contract.&lt;br /&gt;
&lt;br /&gt;
===643.2.16.3 Inspection===&lt;br /&gt;
The degree of inspection needed for utility adjustments will vary considerably with the nature and location of the work and whether the Commission is responsible for any portion of the cost of reimbursement. Judgment must be used regarding the manner and regularity of inspection duties. Some phases of the work require a very close check to ensure that the highway will not be adversely affected and to ensure satisfactory performance of work in accordance with the agreement and plans. The degree of inspection may vary from spot checking of overhead installations to continuous close observation of backfilling trenches beneath proposed pavement, embankment area, or adjacent to bridge abutments. Proper inspection can ensure that the utility adjustment is completed as efficiently as possible to minimize future impacts to the utility facility and the highway construction project. A [https://epg.modot.org/forms/general_files/DE/UtilityFieldInspectionChecklist.docx Field Inspection Checklist] to assist district utilities staff responsible for inspection is available.&lt;br /&gt;
&lt;br /&gt;
If it is found that any actual cost reimbursable utility adjustment is being performed by unapproved contractors, district utilities staff should direct the work to stop. The utility owner’s representative should be informed immediately and should be advised in writing that the costs incurred by an unapproved contractor are not eligible for reimbursement under provisions of the agreement. The district utilities staff can take appropriate steps to approve a subcontract and advise when the utility owner can recommence work.&lt;br /&gt;
&lt;br /&gt;
===643.2.16.4 Documentation===&lt;br /&gt;
All documents related to the construction of the utility adjustment necessary to allow highway construction should be stored in MoProjects.&lt;br /&gt;
&lt;br /&gt;
Construction records must be kept to confirm that work is done in accordance with the terms of the agreement and in the manner proposed in the plans. The importance of a complete and accurate record cannot be overemphasized. Detailed records are necessary to support the recommendation for payment of the final invoice. A complete, separate daily record must be kept on each actual cost adjustment and submitted for review when the final invoice is recommended for payment. This district utilities staff responsible for inspection should complete the Daily Utility Report (C-9).&lt;br /&gt;
&lt;br /&gt;
====643.2.16.4.1 Utility Reports====&lt;br /&gt;
The Daily Utility Report ([https://epg.modot.org/forms/general_files/DE/C-9.docx Form C-9]) and the Final Utility Report ([https://epg.modot.org/forms/general_files/DE/C-13.docx Form C-13]) are used for documenting utility adjustments necessary to allow highway construction. The use of C-9s and C-13s will vary with method of reimbursement. For utility adjustments necessary to allow highway construction that overlap with the highway contractor’s work, progress records should be kept as necessary to coordinate the highway and utility construction activities. Sufficient records must be maintained to check and verify the items of labor, equipment, materials, and salvaged items as submitted on the final invoice.&lt;br /&gt;
&lt;br /&gt;
=====643.2.16.4.1.1 Daily Utility Report (C-9)=====&lt;br /&gt;
C-9s are only required for actual cost agreements. The district utilities staff responsible for inspection must in all cases keep records to document inclement weather, down time, and verbal authorization for minor changes. The district utilities staff responsible for inspection must complete a C-9 documenting the number and classification of employees and number of hours worked. Records of material used and of retired materials returned to stock or scrapped must be kept. The utility owner’s major items of equipment must also be recorded. When work is done by the contract method based on unit prices, the district utilities staff responsible for inspection should ascertain that units of work as provided in the bid proposal are measured and recorded to form a basis for checking the final invoice. C-9s should list the location and the number of units of work accomplished for that period. If contract labor or equipment is used by a utility owner on the basis of a bid per hour, per day, etc., it will be necessary to keep records on this labor or equipment time in the same manner as if the utility owner were performing the work with its own internal forces. District utilities staff responsible for inspection should also note all contractors working for the utility owner and the contractor approval authorization dates given in the agreement.&lt;br /&gt;
&lt;br /&gt;
=====643.2.16.4.1.2 Final Utility Report (C-13)=====&lt;br /&gt;
C-13s summarize that the utility adjustment work that was done in accordance with the agreement and plans, the percentage of total cost that is the responsibility of the Commission, and any progress payments that have been made. A C-13 is required for both actual cost and lump sum agreements. The requested numbers shown on line 9 (Commission Estimated Cost) and line 10 (Amount of Final Bill) in the report are the Commission’s total responsibility.&lt;br /&gt;
&lt;br /&gt;
====643.2.16.4.2 Breakdown and Emergency====&lt;br /&gt;
When breakdown and emergency situations occur, prior approval by MoDOT is not required for contract or equipment rental work unless the cost or period of time will be extensive. The utility owner should furnish a letter as soon as possible to explain the situation and set out the estimated costs involved. The district utilities staff’s records should substantiate the need and the changes for personnel and equipment.&lt;br /&gt;
&lt;br /&gt;
====643.2.16.4.3 Stop Work====&lt;br /&gt;
If at any point, a stop work order is given by MoDOT to a utility owner, written documentation of the stop work order should be saved in MoProjects.&lt;br /&gt;
&lt;br /&gt;
===643.2.16.5 Change Orders===&lt;br /&gt;
Any change in the plan of adjustment should be documented in writing to the utility owner as a change order. If the change order is anticipated to exceed $100,000 or 15% of the original agreement amount, district utilities staff should negotiate a supplemental agreement with the utility owner’s representative. Once a supplemental agreement is in place, district utilities staff should contact Financial Services to obtain an adjustment of the obligation mid-project. Change orders without supplemental agreements will be settled once the project is complete.&lt;br /&gt;
&lt;br /&gt;
====643.2.16.5.1 Actual Cost Agreement====&lt;br /&gt;
Slight modifications in quantities or the addition of minor items not included with the original agreement do not require a supplemental agreement. However, such changes should be documented in writing with the utility owner. A supplemental agreement is needed if costs exceed the above threshold or if there is a change in the percentage of cost that is the Commission’s responsibility on an agreement with shared responsibility for costs. Intermediate partial payments cannot be made on items in a supplemental agreement until the supplemental agreement is approved.&lt;br /&gt;
&lt;br /&gt;
====643.2.16.5.2 Lump Sum Agreement====&lt;br /&gt;
A supplemental agreement to a Lump Sum Agreement is only required for significant changes in the scope of work of the utility adjustment necessary to allow highway construction. Normal overruns are not considered as changes in approved work and will not be reimbursed. Significant changes in the scope of work on utility adjustments necessary to allow highway construction cannot be done until the supplemental agreement is approved, and the adjustment in obligation of funds is complete.&lt;br /&gt;
&lt;br /&gt;
==643.2.17 Utilities during Highway Construction==&lt;br /&gt;
The contractor is responsible for having utilities located by contacting Missouri One-Call (811) prior to any excavation on the project. A reminder of this responsibility should be made at the preconstruction meeting.&lt;br /&gt;
&lt;br /&gt;
===643.2.17.1 Preconstruction Meeting (Pre-Con)===&lt;br /&gt;
District utilities staff should be invited to all pre-cons.&lt;br /&gt;
&lt;br /&gt;
Pre-cons fall into three categories relating to utilities:&lt;br /&gt;
# No utility adjustments are anticipated within the project limits,&lt;br /&gt;
# All utility adjustments completed prior to the pre-con, and&lt;br /&gt;
# All utility adjustments not completed prior to the pre-con.&lt;br /&gt;
&lt;br /&gt;
====643.2.17.1.1 No Utility Adjustments Anticipated within the Project Limits====&lt;br /&gt;
For projects without a Utility Job Special Provision (JSP), no involvement of the utility owners is required at the pre-con. For projects with a Utility JSP, the Resident Engineer (RE) should invite all utility owner representatives listed in the JSP with known required adjustment to the pre-con. The RE should review potential impacts of the highway construction project with the contractor and the utility owner.&lt;br /&gt;
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====643.2.17.1.2 All Utility Adjustments Completed Prior to the Pre-Con====&lt;br /&gt;
The RE should invite all utility owner representatives listed in the JSP with known required adjustment to the pre-con. The RE should review potential impacts of the highway construction project with the contractor and the utility owner. A general discussion should highlight the previous adjustments made by the utility owner and what abandoned utility facilities the contractor may encounter.&lt;br /&gt;
&lt;br /&gt;
====643.2.17.1.3 All Utility Adjustments Not Completed Prior to the Pre-Con====&lt;br /&gt;
It is important for the RE and inspector to understand the utility owner’s work schedule and how it relates to the contractor’s work schedule. During the pre-con, the schedule of the utility owner and highway construction contractor should be discussed, and conflicts should be addressed to allow utility adjustments and highway construction to progress as near to the proposed schedule as possible. On large-scale projects that have many utility issues to address that could impact the work of the highway construction contractor, it may be necessary to have a separate pre-con with utility owner representatives.&lt;br /&gt;
&lt;br /&gt;
===643.2.17.2 Coordination Meetings===&lt;br /&gt;
When the utility work will not be completed soon after the preconstruction meeting, the RE should meet with district utilities staff, the highway construction contractor, and the utility owner representatives on a regular basis to discuss utility coordination issues, so expectations from all parties are known and conveyed clearly. The utility owner may need some work performed by MoDOT or the highway construction contractor prior to completing their adjustments. (Examples include: survey staking of right of way or proposed facilities, trees cleared, grading performed, or new structures built).&lt;br /&gt;
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==643.2.18 Service Drops==&lt;br /&gt;
Power and communication services provided by utility owners are necessary for the operation of the highway system. These services may include power to traffic signals, lighting, or ITS devices; power for cathodic protection; or telecommunication services to signal controllers or ITS devices. The project design teams should work with district utilities staff to identify proper locations for the applicable utility owners to provide these services. Various utility owners have different requirements for this process. The district utilities staff is encouraged to develop a workable relationship with the utility owners who provide these services to MoDOT. The costs of installing the services charged by the utility owner are considered a non-contractual item and should be accounted for in the project’s budget in the STIP. The proposed location and method for the service drops should be shown on the roadway plans. District utilities staff should meet with the utility owner’s representative to ensure the proposed location can be accommodated by the utility owner. For electrical service connections, the power supply assembly is ideally located a maximum of ten feet (10’) from the source location. Plans submitted for PS&amp;amp;E should reflect the agreed upon location for all service connections. During construction, district utilities staff and district construction staff should work together to ensure the placement of the services is consistent with the project plans. Payment for the service drops should be invoiced by the utility owner to the district. District utilities staff is responsible for submission of the invoice directly to Financial Services for payment noting the non-contractual charges for the project.&lt;br /&gt;
&lt;br /&gt;
==643.2.19 Buy America Build America for Utilities==&lt;br /&gt;
FHWA’s Buy America Build America (BABA) policies require a domestic manufacturing process for all steel or iron products, other construction materials, and manufactured products that are permanently incorporated into Federal-Aid Highway construction projects, including products and materials used for adjustments to utility facilities to allow highway construction. These guidelines are for all federally reimbursable transportation projects where FHWA is the lead federal agency; it does not take precedence over projects where Federal Transit Administration or the Federal Railroad Administration is deemed the be the lead federal agency.&lt;br /&gt;
&lt;br /&gt;
===643.2.19.1 Program Requirements for Utilities===&lt;br /&gt;
All MoDOT projects are federal-aid projects, and therefore, all reimbursable utility adjustments are required to follow the provisions of BABA. More information on MoDOT’s BABA policy and procedures can be found in [[106.9_Buy_America_Requirement|EPG 106.9 Buy America Requirement]]. Specifically, utility owners should be aware of the following procedures for determining applicability of the EPG 106.9 requirements to reimbursable utility adjustments necessary to allow highway construction:&lt;br /&gt;
* BABA does not apply when materials are relocated from one location to another within the project limits.&lt;br /&gt;
* BABA does not apply for materials necessary for temporary utility adjustments assuming materials are removed from the right of way upon completion of the utility adjustment to allow highway construction.&lt;br /&gt;
* Non-reimbursable work must be kept separate from reimbursable work (agreements, permits, etc.) in order to not be subject to BABA.&lt;br /&gt;
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===643.2.19.2 Certification Requirements for Utilities===&lt;br /&gt;
Utility owners have the option of choosing either to self-certify BABA compliance or provide vendor/manufacturer certification to MoDOT. The method of certification is chosen by the utility owner and is documented in either the MRUA or the project specific agreement. Regardless of agreement type or certification method, the utility owner must be compliant with BABA requirements.&lt;br /&gt;
&lt;br /&gt;
====643.2.19.2.1 BABA Utility Owner Self-Certification====&lt;br /&gt;
If a utility owner chooses to self-certify BABA compliance, the utility owner is not required to provide MoDOT copies of the supplier certification as part of the project documentation or with the final invoice for any reimbursable utility adjustment necessary to allow highway construction. Retention of all documents should be as described in the agreement.&lt;br /&gt;
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====643.2.19.2.2 BABA Vendor/Manufacturer Certification====&lt;br /&gt;
If a utility owner chooses to use vendor/manufacturer certification, the utility owner will supply MoDOT BABA compliance from all vendors and/or manufacturers. Certification from vendors will be signed by an authorized representative of the vendor on company letterhead or other acceptable documentation and will declare that all supplied materials subject to BABA requirements are fully compliant. Certification from iron or steel manufacturers must be in the form of a mill test report (MTF) issued and signed by the initial fabricator stating the materials subject to BABA were melted and manufactured in the United States. Other written statements on company letter or other acceptable documentation signed by an authorized representative of the manufacturer for any additional treatment to the fabricated material (such as blasting, galvanizing, painting, or coating) will state that all treatment processes occurred in the United States according to FWA guidelines. Retention of all documents should be as described in the agreement. Manufacturer certification for manufactured products or construction materials will state that all materials were sourced from the United States and were fabricated in the United States. Retention of all documents should be as described in the agreement.&lt;br /&gt;
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&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643.3 Reserved for Future Use &#039;&#039;PAGE TITLE&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;&lt;br /&gt;
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&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643.4 Railroads (NO CHANGE) &#039;&#039;PAGE TITLE&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;&lt;br /&gt;
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==236.5.12 Excess Land Conveyances &amp;amp; Relinquishments - Utilities==&lt;br /&gt;
All conveyances and relinquishments of Commission-owned property shall be evaluated for the existence of any utility facilities located within the areas to be conveyed or relinquished. A conveyance or relinquishment of Commission-owned property may have implications to the utility facilities, and the utility owners, when the Commission no longer controls the property. It is important to maintain the continuity of utility facilities for the general public; therefore, to identify and minimize potential impacts, MoDOT shall involve utility owners in the conveyance and relinquishment processes.&lt;br /&gt;
&lt;br /&gt;
===236.5.12.1 Excess Land Conveyances Utilities===&lt;br /&gt;
MoDOT shall only recommend that a property be declared excess upon satisfactorily addressing the utility impacts. Whether MoDOT or an external party initiates the conveyance of excess property, utility impacts shall be adequately addressed by using one of the following methods: &lt;br /&gt;
:1. Each utility facility will be relocated by permit into a new utility corridor retained by the Commission.&lt;br /&gt;
:2. Each utility facility will remain in place with the benefit of a non-exclusive permanent utility easement.&lt;br /&gt;
::&#039;&#039;If the Commission holds fee simple title to the property, the Commission shall convey a non-exclusive permanent utility easement to each utility owner&#039;&#039;.&lt;br /&gt;
::&#039;&#039;If the Commission holds a less than fee simple title interest in the property, MoDOT shall facilitate the conveyance of a non-exclusive permanent utility easement from the party acquiring the property to each utility owner&#039;&#039;.&lt;br /&gt;
:3. Each utility facility will be relocated to another portion of the property being conveyed.&lt;br /&gt;
::&#039;&#039;If the Commission holds fee simple title to the property, the Commission shall convey a non-exclusive permanent utility easement to each utility owner&#039;&#039;. &lt;br /&gt;
::&#039;&#039;If the Commission holds a less than fee simple title interest in the property, MoDOT shall facilitate the conveyance of a non-exclusive permanent utility easement from the party acquiring the property to each utility owner&#039;&#039;.&lt;br /&gt;
:4. Each utility facility will be relocated onto a portion of the property already owned by the party acquiring the Commission-owned property, with the benefit of a non-exclusive permanent easement. (MoDOT shall facilitate the conveyance of a non-exclusive permanent utility easement from the party acquiring the property to each utility owner.)&lt;br /&gt;
:5. A three-party negotiated settlement taking into consideration the overall value of the proposed transaction.&lt;br /&gt;
:6. Additional options to address utility impacts may be utilized with approval from the Asst. to the State Design Engineer - Right of Way.&lt;br /&gt;
&lt;br /&gt;
===236.5.12.2 Road Relinquishment Utilities===&lt;br /&gt;
MoDOT shall only recommend the relinquishment of roadways through the [[236.14 Change in Route Status Report|Change in Route Status Report]] upon satisfactorily addressing the impacts to utility facilities. If the roadway will be relinquished to a local public transportation authority, with the intent that it continues to be used as a public roadway, a clause similar to the following shall be included in the deed from the Commission to the local public transportation authority:&lt;br /&gt;
:&#039;&#039;&amp;quot;Grantee, by acceptance of this conveyance, covenants and agrees for itself, its successors and assigns, to allow known or unknown utility facilities currently located on the property, whether of record or not, to remain on the property, and to grant the current and subsequent owners of those facilities the right to maintain, construct and reconstruct the facilities and their appurtenances over, under, and across the land herein conveyed, along with the right of ingress and egress across the land herein conveyed to and from those utilities.&amp;quot;&#039;&#039; &lt;br /&gt;
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Proposed roadway relinquishments to private entities shall be reviewed in a manner consistent with the conveyance of excess property described in [[236.5 Property Management#236.5.3 Asset Management Committee|EPG 236.5.3 Asset Management Committee]].&lt;/div&gt;</summary>
		<author><name>Hoskir</name></author>
	</entry>
	<entry>
		<id>https://epg.modot.org/index.php?title=User:Hoskir/Revision_Request_4225&amp;diff=58884</id>
		<title>User:Hoskir/Revision Request 4225</title>
		<link rel="alternate" type="text/html" href="https://epg.modot.org/index.php?title=User:Hoskir/Revision_Request_4225&amp;diff=58884"/>
		<updated>2026-06-23T13:14:16Z</updated>

		<summary type="html">&lt;p&gt;Hoskir: /* 643.2.9.2 Type of Project Cost Estimates */&lt;/p&gt;
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&lt;div&gt;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643 Utility Procedures  &#039;&#039;CATEGORY&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt; &lt;br /&gt;
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| &#039;&#039;&#039;&amp;lt;center&amp;gt;&amp;lt;u&amp;gt;Additional Resources&amp;lt;/u&amp;gt;&amp;lt;/center&amp;gt;&#039;&#039;&#039;&lt;br /&gt;
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| ● [https://www.ecfr.gov/current/title-23/chapter-I/subchapter-G/part-64523 CFR 645]&lt;br /&gt;
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| ● [https://www.sos.mo.gov/cmsimages/adrules/csr/current/7csr/7c10-3.pdf7 CSR 10-30]&lt;br /&gt;
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&#039;&#039;&#039;Utility Accommodation Policy:&#039;&#039;&#039; State DOTs are required to develop policies and procedures pertaining to the use, accommodation, and/or relocation of public and private utility facilities on highway rights-of way using Federal-aid highway funds. State DOTs are required to develop, maintain, and obtain FHWA approval of their Utility Accommodation Policy (UAP) (23 CFR section 645.215). This EPG article 643 and subarticles 643.1 through 643.3 are Missouri Department of Transportation (MoDOT)’s Utility Accommodation Policy. Text in EPG 643 consolidates various federal and state statutes and rules into a single, cohesive, workable policy to outline processes for MoDOT staff and utility owners.&lt;br /&gt;
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&#039;&#039;&#039;Delegation of Work:&#039;&#039;&#039; Each MoDOT district is responsible for ensuring implementation of the UAP outlined in the subsequent EPG articles. Each district can create its own organization for whom is responsible for the work including between divisions and job titles. Work responsibilities within this article and subarticles are generic where possible. If a specific title is included, that title has sole responsibility for that item of work.&lt;br /&gt;
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&#039;&#039;&#039;643 documents not being used&#039;&#039;&#039;&lt;br /&gt;
[[media:144 Major Highway System 2022.pdf|major routes]]&lt;br /&gt;
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&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643.1 Utility Location  &#039;&#039;PAGE TITLE&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt; &lt;br /&gt;
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The information in this article provides a uniform system for regulating the location, construction, maintenance, removal, and relocation of utility facilities on the right of way of roadways located on the state highway system. It also provides for the facilitation of construction and maintenance of these roadways. Any location or relocation of utility facilities contrary to this information is an interference with the construction, maintenance, or operation of a state highway and its right of way and is prohibited.&lt;br /&gt;
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==643.1.1 Permits==&lt;br /&gt;
All utility owners are required to obtain a permit to work on Missouri Highway and Transportation Commission (Commission) right of way. A permit is required for original installation of the utility facility, on-going maintenance of the utility facility, or adjustments to a utility facility necessary to allow highway construction. Per [[127.29_Stormwater#127.29.4.3_MCM_3:_Illicit_Discharge_Detection_and_Elimination_(IDDE)_Program|EPG 127.29.4.3]], discharges of anything other than stormwater are not permitted. A deposit or bond is required to ensure completion of the work in accordance with the permit issued. An [https://www.modot.org/permits application for a permit] may be made on established forms specifically stating the nature of the work to be performed. Applications for permits may be obtained at any of the [https://www.modot.mo.gov/ seven (7) district highway offices] of the Commission, [https://www.modot.mo.gov/ MoDOT&#039;s website], or by requesting it from the office of the Missouri Highways and Transportation Commission in Jefferson City, Missouri. The application for a permit will specifically state the nature of the work to be performed, what specific type of utility facility is to be installed, and, if necessary, the timeframe of any temporary use. Piping of any type of sewage or waste will only be allowed providing any permitting by a regulatory agency, such as Missouri Department of Natural Resources, can be provided. Prior to obtaining a permit through MoDOT’s permit system, a utility owner will be required to provide a bond to ensure satisfactory work and complete a TR50 Electronic Signature Agreement with the Commission. The name of the utility owner must match on the bond, TR50, and in the permit system. More information on permitting can be found in [[:Category:941_Permits_and_Access_Requests|EPG 941]].&lt;br /&gt;
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===643.1.1.1 Emergency Work===&lt;br /&gt;
When emergency operations work is necessary, the damaged utility facility may be accessed immediately and without a permit by leaving the pavement at such points as may be necessary to effect emergency repairs, provided immediate notice is given to the Missouri State Highway Patrol and the district utilities staff for the district wherein the work will be performed, and a permit for emergency operations is requested immediately upon discovery of the need for emergency operations. A permit for emergency operations work is to be obtained as soon as practical, but in no event later than two (2) working days after the emergency operations work has commenced. Emergency operations include, but are not limited to, unplanned work in response to utility facilities being so damaged as to constitute an emergency situation directly affecting or endangering traffic on the highway or public health or safety.&lt;br /&gt;
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===643.1.1.2 Third-Party Inspection===&lt;br /&gt;
When a utility owner has a large number of projects in a given area or projects involving great complexity, MoDOT reserves the right to limit the number of permits open at any given time. With approval of the district utilities staff, a utility owner may hire a third-party inspector, at their cost. The third-party inspector will allow the utility owner to increase the number of permits open at any given time. The responsibility of the third-party inspector will be to ensure the installation of the utility facility proceeds in a manner consistent with the plans approved in the permit, including all work zone requirements and conformity with MoDOT’s Standards and Specifications. The MoDOT approved third-party inspector will be listed in the permit. MoDOT may audit third-party inspections and revoke the right to use third-party inspections should the inspectors fail to perform their duties.&lt;br /&gt;
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===643.1.1.3 Abandoned Utility Facilities===&lt;br /&gt;
All utility facilities installed in Commission right of way are the property of the utility owner whether the utility facility is active or inactive. MoDOT may allow a utility facility to remain on Commission right of way whether the utility facility was abandoned for a MoDOT project or at the utility owner’s discretion. MoDOT may place requirements (such as removing inactive fiber optic cables, grouting pipes, removing valves) on the utility owner as part of the process of abandoning a utility facility. Liability for damage to Commission right of way due to an abandoned facility remains the responsibility of the utility owner. In the event MoDOT requires the removal of the abandoned utility facility, responsibility for the cost of the removal will be determined per [[643.2_Local_Utility_Adjustments_-_Public_and_Private#643.2.8_Preliminary_Engineering_(PE)_Requirements|EPG 643.2.8]].&lt;br /&gt;
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==643.1.2 Definitions==&lt;br /&gt;
&#039;&#039;&#039;Bridge Attachment:&#039;&#039;&#039; A bridge attachment is any utility facility, including communication lines and electrical lines, or any other utility facility of a similar nature that is fastened to a bridge for the purpose of spanning an obstacle.&lt;br /&gt;
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&#039;&#039;&#039;Clear zone:&#039;&#039;&#039; The total roadside border area starting at the edge of the traveled way, available for safe use by errant vehicles. This area may consist of a shoulder, a recoverable slope, a non-recoverable slope, and/or the area at the toe of a non-recoverable slope available for safe use by an errant vehicle. Clear zone dimensions are provided in the current edition of American Association of State Highway Transportation Officials Roadside Design Guide.&lt;br /&gt;
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&#039;&#039;&#039;Ditch Line:&#039;&#039;&#039; A line where the roadway ditch meets the back slope. It is located at the lowest point of a V-bottom ditch or furthest point from the roadway of a flat bottom ditch where the roadway slopes back to the existing ground line.&lt;br /&gt;
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&#039;&#039;&#039;Duct:&#039;&#039;&#039; An enclosed tubular casing, or raceway, for protecting wires, lines, or cables that is often flexible or semi-rigid (1-3% diametric deflection). The casing, or raceway, is separate from the cable or conductor that passes through it.&lt;br /&gt;
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&#039;&#039;&#039;Encasement:&#039;&#039;&#039; The term encasement means the placing of an installation around and outside of an underground facility consisting of a larger conduit that permits the removal and replacement of the facility. An alternate to the conduit type encasement is reinforced concrete poured around the utility facility. Utility owners are allowed to use any types of material as a carrier and encasement for its facilities as expressly provided for in the permit issued for the installation of the utility facility.&lt;br /&gt;
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&#039;&#039;&#039;Freeway:&#039;&#039;&#039; A divided arterial highway with full control of access.&lt;br /&gt;
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&#039;&#039;&#039;Highway:&#039;&#039;&#039; Any public way for vehicular travel, including the entire area within the right of way and related facilities constructed or improved and maintained by the Missouri Highways and Transportation Commission (MHTC) acting through the Missouri Department of Transportation (MoDOT).&lt;br /&gt;
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&#039;&#039;&#039;Interchange Limits:&#039;&#039;&#039; For the uniform handling of utility installations only, the limits of an interchange are the outside ramp curve points. See [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_1_TypicalInterchangeLimits_AOD.pdf EPG Figure 643.1.1] for an example.&lt;br /&gt;
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&#039;&#039;&#039;Interstate System or Other Freeways/Expressways:&#039;&#039;&#039; Interstate highways and highways with fully controlled access.&lt;br /&gt;
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&#039;&#039;&#039;Major Routes (Interstates, Freeways/Expressways and Principal Arterials):&#039;&#039;&#039; The major highway system is all routes functionally classified as principal arterials. The principal arterial system provides for statewide or interstate movement of traffic. The major roads in Missouri total approximately 5,500 centerline miles.&lt;br /&gt;
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&#039;&#039;&#039;Minor Routes:&#039;&#039;&#039; The minor highway system is all routes functionally classified as minor arterials or collectors. These routes mainly serve local transportation needs. The minor roads in Missouri total approximately 28,400 centerline miles.&lt;br /&gt;
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&#039;&#039;&#039;Normal Right of Way Line:&#039;&#039;&#039; An imaginary line that connects sudden breaks in the major right of way points for roadways. Sight distance right of way points (triangles) at roadway intersections are not to be considered as sudden breaks for determining normal right of way.&lt;br /&gt;
[[File:fig_643.1.2-06_2026.jpg|none|700px|thumb|Figure 643.1.2 Normal Right of Way Line.]]&lt;br /&gt;
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&#039;&#039;&#039;Private Lines:&#039;&#039;&#039; Privately owned utility facilities which convey or transmit the commodities outlined in the definition of utility facility of this section but devoted exclusively to private use.&lt;br /&gt;
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&#039;&#039;&#039;Scenic Enhancement Areas:&#039;&#039;&#039; Scenic enhancement areas include areas acquired or so designated as scenic strips, overlooks, rest areas, recreation areas, and the right of way of adjacent roadways and the right of way of roadways that pass through public parks and historic sites as described under 23 USC 138.&lt;br /&gt;
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&#039;&#039;&#039;Utility Corridor:&#039;&#039;&#039; An area established for the placement of utility facilities parallel to the normal right of way line.&lt;br /&gt;
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&#039;&#039;&#039;Utility Facility:&#039;&#039;&#039; Privately, publicly, or cooperatively owned line, facility, or system for producing, transmitting, or distributing communications, cable television, power, electricity, light, heat, gas, oil, crude products, water, steam, waste, storm water not connected with highway drainage or any other similar commodity, including any fire or police signal system or street lighting system which directly or indirectly serves the public and does not include privately owned facilities devoted exclusively to private use. The term &amp;quot;utility facility&amp;quot; includes those facilities used solely by the utility owner that are a part of its operating plant.&lt;br /&gt;
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&#039;&#039;&#039;Utility Owner:&#039;&#039;&#039; The utility owner is the utility company, inclusive of any wholly owned or controlled subsidiary, or city or county which owns utility facilities. The term also includes those government agencies that lease a utility facility for its own use or otherwise dedicated solely to governmental use.&lt;br /&gt;
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&#039;&#039;&#039;Variance:&#039;&#039;&#039; A one- (1-) time deviation from the requirements for location or relocation of utility facilities on the right of way of highways in the state highway system as established in [https://www.sos.mo.gov/cmsimages/adrules/csr/current/7csr/7c10-3.pdf Title 7 Code of State Regulations 10-3], requested by the utility, and approved by a MoDOT District Design Engineer.&lt;br /&gt;
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==643.1.3 Location of Utility Facilities==&lt;br /&gt;
Utility facilities paralleling the roadway should be installed in the utility corridor except as outlined below. The utility corridor is the space for all utility owners generally within six feet (6’) of the normal right of way line. When considering if the current utility corridor is available to expand from six feet (6’) to as much as twelve feet (12’), MoDOT determines if the expansion is warranted. In making the determination, MoDOT will consider the existing utilization of the original six feet (6’) corridor. Poles must remain within two feet (2’) of the normal right of way line unless approved by a variance. The utility corridor will only be expanded beyond six feet (6’) if the original six feet (6’) corridor is fully utilized and additional space would be required to accommodate additional utility facilities. Acquisition of additional right of way to establish a twelve feet (12’) corridor is not required on highway construction projects. For depths for underground utility facilities, see [[#643.1.4.1_Minimum_Cover_for_Underground_Facilities|EPG 643.1.4.1]].&lt;br /&gt;
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Utility facilities crossing the roadway should be installed as close to ninety degrees (90°) to the centerline of the roadway as possible and based on the guidelines below depending on the type of roadway. See [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_3_TypicalUtilityCorridor-InterchangeatMajorRoute_AOD.pdf EPG Figure 643.1.3] and [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_4_TypicalUtilityCorridor-InterchangeatMinorRoute_AOD.pdf EPG Figure 643.1.4] for typical utility corridors around interchanges.&lt;br /&gt;
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===643.1.3.1 Interstate System or Other Major Freeways/Expressways===&lt;br /&gt;
The installation of all utility facilities on highways of the Interstate System or other major freeways/expressways with fully controlled access are to be installed, serviced, and maintained without entering or leaving the roadway and ramps except at points approved by MoDOT for that purpose and without parking any equipment or storing materials upon the medians, roadway and ramps, or shoulders of the roadways. Cutting or damaging the pavement or paved shoulders is not permitted. New service connections to existing parallel utility facilities are to be permitted only where an outer roadway exists and then only where access is permitted by the Commission. Careful consideration will be given to the location of guys, anchors, braces, and other supports. Generally, good design practice will provide that appurtenances be located at right of way jogs, along intersecting road right of way, or at other similar acceptable locations, so that encroachment is held to an absolute minimum.&lt;br /&gt;
&lt;br /&gt;
No utility facilities will be permitted within the interchange limits of an interchange between fully limited access highways where planned or existing. Utility facilities within the interchange limits of an interchange with a non-access controlled highway will be permitted only along the minor road, provided that all construction, service, and maintenance can be performed from the minor road. Manholes and poles must be located beyond the ramp termini.&lt;br /&gt;
&lt;br /&gt;
For structures carrying or over interstates or other major freeways/expressways, see [[#643.1.5_Bridge_Attachment_Policy|EPG 643.1.5]].&lt;br /&gt;
&lt;br /&gt;
====643.1.3.1.1 Utility Facilities Crossing the Interstate or Other Major Freeways/Expressways====&lt;br /&gt;
=====643.1.3.1.1.1 Overhead Crossings of the Interstate or Other Major Freeways/Expressways=====&lt;br /&gt;
Overhead crossings of utility facilities are permitted only for power transmission and distribution lines and for multiple circuit communication lines where an underground installation is not economically feasible. Supports for existing utility facilities crossing overhead may remain on the right of way provided they are near the right of way line regardless of the presence of an outer road. Supports for new overhead utility facilities crossing overhead may be located on the right of way near the right of way line where an outer roadway exists and are to be located off the right of way where no outer roadway exists. Overhead service crossings are only permitted in isolated cases for residential or commercial establishments when the denial of the crossing would require construction of more than 1,200 feet (1,200’) of utility line to provide the service. Main or distribution line crossings are required to serve a general area other than isolated cases.&lt;br /&gt;
&lt;br /&gt;
=====643.1.3.1.1.2 Underground Crossings of the Interstate or Other Major Freeways/Expressways=====&lt;br /&gt;
Underground crossings of utility facilities are to be continuously encased under the pavement, medians, ramps, and shoulders with the casing extending to the toe of the fill slopes or to the ditch line. In curbed sections, encasement should extend outside the outer curb of the roadways a distance equal to the depth of the encasement at the curb line. Where installed by open trench through unpaved areas, detector tape should be placed approximately one foot (1&#039;) above the encasement. Where an interstate or other major freeway has a parallel outer roadway, encasement should be continuous under all roadways within the right of way.&lt;br /&gt;
&lt;br /&gt;
Manholes or vent pipes are to be located at the right of way line or adjacent to the outer roadway.&lt;br /&gt;
&lt;br /&gt;
For fiber optic cable, encasement should extend from within six feet (6&#039;) of one right of way line to within six feet (6&#039;) of the other right of way line.&lt;br /&gt;
&lt;br /&gt;
Exceptions may be made for encasement as listed in [[#643.1.4.2_Exceptions_to_Encasement|EPG 643.1.4.2]].&lt;br /&gt;
&lt;br /&gt;
=====643.1.3.1.1.3 Parallel Installations along the Interstate or Other Major Freeways/Expressways=====&lt;br /&gt;
New parallel installations on the right of way may be permitted only where an outer roadway exists, provided that poles are within two feet (2&#039;) of the normal right of way line and underground utility facilities are within the utility corridor, and provided that the utility facility can be installed and maintained between the outer roadway and the right of way line. Existing overhead or underground utility facilities that parallel an existing roadway which will be incorporated into a completed highway as an outer roadway may remain in place if all maintenance and service can be performed from an outer roadway and the existing location does not interfere with construction, maintenance, or operation of the completed highway. If an existing parallel utility facility needs to be relocated so as to not interfere with the construction, maintenance, or operation of the completed interstate or other major freeway, poles may be located withing five feet (5’) of the right of way line.&lt;br /&gt;
&lt;br /&gt;
Underground utility facilities are expected to be buried within the utility corridor of sight distance triangles (SDTs) at roadway intersections unless granted a variance. Overhead utility facilities may be allowed to span intersecting roadways with SDTs provided the poles, or supports, are located outside the SDT.&lt;br /&gt;
&lt;br /&gt;
=====643.1.3.1.1.4 Sanitary Sewers within the Right of Way of Interstates or Other Major Freeways/Expressways=====&lt;br /&gt;
New installations of sanitary sewers should follow the applicable guidelines for either underground crossings or parallel installations as appropriate. Existing gravity trunk sanitary sewers should be considered individually and removed or left in place contingent upon its age, condition, feasibility of moving, and maintenance access. Encasement of existing trunk sewers left in place may be required for questionable condition, protection during construction, or heavy fills.&lt;br /&gt;
&lt;br /&gt;
Manholes should be relocated to the right of way lines or adjacent to an outer roadway.&lt;br /&gt;
&lt;br /&gt;
===643.1.3.2 Major Routes===&lt;br /&gt;
For structures carrying or over major routes, see [[#643.1.5_Bridge_Attachment_Policy|EPG 643.1.5]].&lt;br /&gt;
&lt;br /&gt;
====643.1.3.2.1 Major Routes with Partially Controlled Access Right of Way====&lt;br /&gt;
The installation of all utility facilities on highways with partially controlled access right of way are to be installed, serviced, and maintained without entering or leaving the roadway and ramps except at points approved by MoDOT for that purpose and without parking any equipment or storing materials upon the medians, roadway and ramps, or shoulders of the roadways. Cutting or damaging the pavement or paved shoulders is not permitted. Equipment or materials stored within the right of way must be protected by longitudinal barrier or be located outside the clear zone. New service connections to existing parallel utility facilities are to be permitted only where granted by the Commission.&lt;br /&gt;
&lt;br /&gt;
No utility facilities will be permitted within the interchange limits of an interchange between fully limited access highways where planned or existing. Utility facilities within the interchange limits of an interchange with a non-access controlled highway will be permitted only along the minor road, provided that all construction, service, and maintenance can be performed from the minor road. Manholes and poles must be located beyond the ramp termini.&lt;br /&gt;
&lt;br /&gt;
====643.1.3.2.2 Major Routes with Normal Access Right of Way====&lt;br /&gt;
All new utility facilities will be installed and maintained without cutting or damaging the pavement or paved shoulders except in the event underlying rock formations or other obstructions are encountered that prevent boring or pushing operations. A variance may be granted for pavement cuts when the need is established. Pavement cuts may only be made by permits issued when it is impractical to otherwise service and maintain the facility. The installation of all utility facilities is to be installed without parking any equipment or storing materials upon the medians, roadway and ramps, or shoulders of the roadways. Equipment or materials stored within the right of way must be protected by longitudinal barrier or be located outside the clear zone.&lt;br /&gt;
&lt;br /&gt;
====643.1.3.2.3 Utility Facilities Crossing Major Routes====&lt;br /&gt;
=====643.1.3.2.3.1 Overhead Crossings of Major Routes=====&lt;br /&gt;
Supports for utility facilities crossing overhead should be located as near the right of way line as possible. For major routes with controlled access right of way, new overhead service crossings may be permitted in isolated cases for residential or commercial establishments where the denial of such crossings would require the construction of more than 1,200 feet (1,200’) of utility line to provide the same service. For major routes with normal access right of way, there is no restriction on the placement of service crossings.&lt;br /&gt;
&lt;br /&gt;
=====643.1.3.2.3.2 Underground Crossings of Major Routes=====&lt;br /&gt;
Underground crossings of utility facilities are to be continuously encased under the pavement, medians, ramps, and shoulders with the casing extending to the toe of the fill slopes or to the ditch line. In curbed sections, encasement should extend outside the outer curb of the roadways a distance equal to the depth of the encasement at the curb line. Where installed by open trench through unpaved areas, detector tape should be placed approximately one foot (1&#039;) above the encasement. Where a major route has a parallel outer roadway, encasement should be continuous under all roadways within the right of way.&lt;br /&gt;
&lt;br /&gt;
Manholes or vent pipes are to be located at the right of way line or adjacent to the outer roadway.&lt;br /&gt;
&lt;br /&gt;
For fiber optic cable, encasement should extend from within six feet (6&#039;) of one right of way line to within six feet (6&#039;) of the other right of way line.&lt;br /&gt;
&lt;br /&gt;
Exceptions may be made for encasement as listed in [[#643.1.4.2_Exceptions_to_Encasement|EPG 643.1.4.2]].&lt;br /&gt;
&lt;br /&gt;
====643.1.3.2.4 Parallel Installations along Major Routes====&lt;br /&gt;
New parallel installations on the right of way may be permitted provided that poles are within two feet (2&#039;) of the normal right of way line and underground utility facilities are within the utility corridor. Existing overhead or underground utility facilities that parallel an existing roadway which will be incorporated into a completed highway may remain in place if all maintenance and service can be performed without entering or leaving the roadway except at approved access points; without parking equipment or storing materials on the median, pavement, ramps, or shoulders; and the existing location does not interfere with construction, maintenance, or operation of the completed highway. If an existing parallel utility facility needs to be relocated so as to not interfere with the construction, maintenance, or operation of the completed highway, poles may be located withing five feet (5’) of the right of way line.&lt;br /&gt;
&lt;br /&gt;
Existing steel pipe transmission and distribution facilities for gaseous petroleum products that parallel an existing roadway that will be incorporated into the completed roadway may be left in place subject to an agreement by the utility owner that maintenance or service and facility expansion will be performed without cutting or damaging the pavement or interfering with the construction, maintenance, and operation of the highway and provided that the facility is cathodically protected against corrosion and meets the applicable material requirements.&lt;br /&gt;
&lt;br /&gt;
Underground utility facilities are expected to be buried within the utility corridor of sight distance triangles (SDTs) at roadway intersections unless granted a variance. Overhead utility facilities may be allowed to span intersecting roadways with SDTs provided the poles, or supports, are located outside the SDT.&lt;br /&gt;
&lt;br /&gt;
====643.1.3.2.5 Sanitary Sewers within the Right of Way of Major Routes====&lt;br /&gt;
New installations of sanitary sewers should follow the applicable guidelines for either underground crossings or parallel installations as appropriate. An existing gravity trunk sanitary sewer should be considered individually and removed or left in place contingent upon its age, condition, feasibility of moving, and maintenance access. If an existing parallel gravity main is left in place within the limits of the paved surface, paved shoulder lines, or curb lines, stub mains as required will be laid between the sewer main and curb or shoulder lines for future service connections in each block. Manholes should be relocated outside the traveled roadway as near the right of way line as practical.&lt;br /&gt;
&lt;br /&gt;
===643.1.3.3 Minor Routes===&lt;br /&gt;
For structures carrying or over minor routes, see [[#643.1.5_Bridge_Attachment_Policy|EPG 643.1.5]].&lt;br /&gt;
&lt;br /&gt;
====643.1.3.3.1 Utility Facilities Crossing Minor Routes====&lt;br /&gt;
=====643.1.3.3.1.1 Overhead Crossings of Minor Routes=====&lt;br /&gt;
Existing overhead crossings that interfere with construction, maintenance, or operation should be relocated with their supports as near the right of way line as is practical. New overhead crossing installations should be located with their supports as near the right of way line as is practical.&lt;br /&gt;
&lt;br /&gt;
=====643.1.3.3.1.2 Underground Crossings of Minor Routes=====&lt;br /&gt;
All new utility facilities should be installed and maintained without cutting or damaging the pavement or paved shoulders. A variance may be granted for pavement cuts when servicing and maintaining the facility by any other methods is impractical. Pavement cuts may only be made by permits issued. Underground crossings of utility facilities are to be continuously encased under the pavement, medians, ramps, and shoulders with the casing extending to the toe of the fill slopes or to the ditch line. In curbed sections, encasement should extend outside the outer curb of the roadways a distance equal to the depth of the encasement at the curb line. Where installed by open trench through unpaved areas, detector tape should be placed approximately one foot (1&#039;) above the encasement.&lt;br /&gt;
&lt;br /&gt;
Manholes or vent pipes are to be located at the right of way line or adjacent to the outer roadway.&lt;br /&gt;
&lt;br /&gt;
For fiber optic cable, encasement should extend from within six feet (6&#039;) of one right of way line to within six feet (6&#039;) of the other right of way line.&lt;br /&gt;
&lt;br /&gt;
Exceptions may be made for encasement as listed in [[#643.1.4.2_Exceptions_to_Encasement|EPG 643.1.4.2]].&lt;br /&gt;
&lt;br /&gt;
====643.1.3.3.2 Parallel Installations along Minor Routes====&lt;br /&gt;
New parallel installations on the right of way may be permitted provided that poles are within two feet (2&#039;) of the normal right of way line and underground utility facilities are within the utility corridor. Existing overhead or underground utility facilities that parallel an existing roadway which will be incorporated into a completed highway may remain in place if all maintenance and service can be performed without entering or leaving the roadway except at approved access points; without parking equipment or storing materials on the median, pavement, ramps, or shoulders; and the existing location does not interfere with construction, maintenance, or operation of the completed highway. If an existing parallel utility facility needs to be relocated so as to not interfere with the construction, maintenance, or operation of the completed highway, poles may be located within five feet (5’) of the right of way line.&lt;br /&gt;
&lt;br /&gt;
Underground utility facilities are expected to be buried within the utility corridor of sight distance triangles (SDTs) at roadway intersections unless granted a variance. Overhead utility facilities may be allowed to span intersecting roadways with SDTs provided the poles, or supports, are located outside the SDT.&lt;br /&gt;
&lt;br /&gt;
====643.1.3.3.3 Sanitary Sewers within the Right of Way of Minor Routes====&lt;br /&gt;
New installations of sanitary sewers should follow the applicable guidelines for either underground crossings or parallel installations as appropriate. An existing gravity trunk sanitary sewer should be considered individually and removed or left in place contingent upon its age, condition, feasibility of moving, and maintenance access. If an existing parallel gravity main is left in place within the limits of the paved surface, paved shoulder lines, or curb lines, stub mains as required will be laid between the sewer main and curb or shoulder lines for future service connections in each block. Manholes should be relocated outside the traveled roadway.&lt;br /&gt;
&lt;br /&gt;
===643.1.3.4 Roundabouts===&lt;br /&gt;
Regardless of roadway type, it is desirable to avoid locating utility facilities and their access points within the circulatory roadway. If possible, utility facilities are located in the legs of the roundabout to allow for future maintenance and access at an isolated leg versus affecting the entire roundabout. See [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_5_TypicalLocationofUtilityFacilitiesnearRoundabouts_AOD.pdf EPG Figure 643.1.5] for an example.&lt;br /&gt;
&lt;br /&gt;
===643.1.3.5 Utility Facilities in Scenic Enhancement Areas===&lt;br /&gt;
All existing utility facilities within the limits of a scenic enhancement area requiring adjustment because of construction or reconstruction will be placed underground or relocated beyond the limits of the scenic enhancement area. No new above ground facilities will be permitted. New underground facilities will be permitted provided they do not extensively alter or impair the appearance of the area.&lt;br /&gt;
&lt;br /&gt;
==643.1.4 Installation of Utility Facilities==&lt;br /&gt;
The following sections provide information on the physical installation of utility facilities within highway right of way.&lt;br /&gt;
&lt;br /&gt;
===643.1.4.1 Minimum Cover for Underground Facilities===&lt;br /&gt;
The minimum cover for new underground utilities is:&lt;br /&gt;
* Forty-two inches (42”) for all water lines (parallel and crossings).&lt;br /&gt;
* Forty-two inches (42”) for fiber optic cable (crossings encased in rigid conduit).&lt;br /&gt;
* Seventy-two inches (72”) for fiber optic cable (crossings encased in polyethylene (PE) pipe).&lt;br /&gt;
* Thirty inches (30”) for direct burial and in trench fiber optic cable (parallel).&lt;br /&gt;
* Twenty-four inches (24”) for all other direct burial copper or coaxial cable, (parallel).&lt;br /&gt;
* Seventy-two inches (72”) for uncased polyethylene (PE) gas pipe crossings under ditches and roadways but thirty inches (30”) elsewhere.&lt;br /&gt;
* Thirty inches (30”) for all other (such as, but not limited to, gravity sewers, forced sewers, and electric) underground utilities (both parallel and crossing).&lt;br /&gt;
&lt;br /&gt;
===643.1.4.2 Exceptions to Encasement===&lt;br /&gt;
Exceptions may be made for encasement as follows:&lt;br /&gt;
* Non-fiber communication or electric cables installed in ducts.&lt;br /&gt;
* Welded steel pipelines carrying gaseous or liquid petroleum products - provided they are cathodically protected against corrosion, triple-coated in accordance with accepted pipeline construction standards, and meet applicable material requirements.&lt;br /&gt;
* Natural gas distribution pipe (nominal six-inch (6”) diameter maximum) of polyethylene (PE) plastic, traceable, installed by a horizontal bore method at a minimum depth of seventy-two inches (72”) under ditches and roadways, constructed in accordance with and meeting applicable material requirements.&lt;br /&gt;
* Gas service connections protected and constructed in accordance with and meeting applicable material requirements.&lt;br /&gt;
* Encasement is not required for new trunk sanitary sewer crossings of vitrified clay, reinforced concrete or cast iron except when installation procedures would produce voids in the roadbed, heavy fills, or installations under pressure.&lt;br /&gt;
&lt;br /&gt;
===643.1.4.3 Above Ground or Ground Level Appurtenances===&lt;br /&gt;
Appurtenances protruding more than four inches (4”) above the ground line should be located outside the clear zone. If no feasible alternative exists and if permitted by a variance, appurtenances may be allowed within the clear zone if they meet breakaway criteria or will be shielded by a traffic barrier. Good design practice will provide that appurtenances be located at right of way jogs, along intersecting road right of way, or at other similar acceptable locations, so that encroachment is held to an absolute minimum. Cables, wires, small diameter pipes, and other such utility appurtenances extending from the surface of the ground should be equipped with covers or guards to improve their visibility. Appurtenances within sidewalks or street level pedestrian access routes are to be in conformance with the Americans with Disabilities Act requirements.&lt;br /&gt;
&lt;br /&gt;
The maximum pull box width perpendicular to the right of way line within the utility corridor is thirty inches (30”).&lt;br /&gt;
&lt;br /&gt;
===643.1.4.4 Overhead Utility Facilities===&lt;br /&gt;
The vertical clearance of new or existing overhead installations will not be less than the current minimum requirements of the National Electric Safety Code, but in no case less than eighteen feet (18’) inclusive of sag above the groundline for electrical facilities. Clearance may be reduced for overhead installations of cable, telephone, or fiber optic facilities.&lt;br /&gt;
A minimum radial clearance of twenty-five feet (25’) is provided from any utility facility to the nearest part of any bridge structure. A minimum radial clearance of ten feet (10’) is provided from the nearest charged electrical line to a MoDOT signal, lighting, ITS, or overhead sign structure.&lt;br /&gt;
&lt;br /&gt;
===643.1.4.5 Approved Materials===&lt;br /&gt;
Utility owners are allowed to use any material for underground utility facilities including carrier and encasement provided they accept responsibility for any future repairs and/or replacement of damaged MoDOT facilities should a failure occur. This will allow the use of current technology and procedures to provide the best value to its subscribers and the taxpayers of Missouri. For materials that MoDOT also uses in its highway system, utility owners must provide materials that meet the current [https://www.modot.org/missouri-standard-specifications-highway-construction Missouri Standard Specifications for Highway Construction]. For materials not listed in the Missouri Standard Specifications for Highway Construction, the utility owner should provide documentation of the standards used to determine suitability of the material.&lt;br /&gt;
&lt;br /&gt;
===643.1.4.6 Cutting===&lt;br /&gt;
In the event permission is granted to cut an existing concrete or asphalt pavement or sidewalk, the appropriate provisions below should be followed.&lt;br /&gt;
&lt;br /&gt;
====643.1.4.6.1 Pavement====&lt;br /&gt;
All pavement cuts should be made with a saw to the full depth of the pavement. The width of the cut is typically determined by the width of the trench plus a minimum one foot (1’) on each side of the trench. In the event the distance to any adjacent longitudinal or transverse joint or crack is less than four feet (4’), the pavement must be removed to the joint or crack. Cuts for perpendicular service tie-ins should be a minimum of three feet (3’) wide. Longitudinal main installations are typically cut at a minimum of half the lane width, but in no instance should the cut be along the wheel path of the lane.&lt;br /&gt;
[[File:fig_643.1.6-06_2026.jpg|800px|none|thumb|Figure 643.1.6 Pavement Repair Dimension Requirements.]]&lt;br /&gt;
&lt;br /&gt;
The utility facilities should be placed in a location with the least impact to the roadway. Typically, this leads to placement in the shoulder when available followed by the two-way left turn lane (TWLTL), and then outside lanes before allowing placement in interior through lanes. Lane switching should be kept to a minimum and should not be used to minimize repair sizes. Cuts for mains or service leads that may not be perpendicular to the roadway should be squared-off.&lt;br /&gt;
&lt;br /&gt;
Replacement of cut pavement should be full depth concrete in accordance with the current version at the time of installation of Section 613.10 Full Depth Pavement Repairs of the Missouri Standard Specifications for Highway Construction and the Missouri Standard Plans for Highway Construction. If the area of the pavement repair is not to be fully resurfaced all joints including the overcut from the sawing operation should be filled with an expansive mortar, epoxy, polyester, or joint material as approved by the Engineer in accordance with Section 1057 of the Missouri Standard Specifications for Highway Construction.&lt;br /&gt;
&lt;br /&gt;
====643.1.4.6.2 Pedestrian Access Routes====&lt;br /&gt;
All cuts in the pedestrian access routes whether asphalt or concrete should be made by saw and be the full depth of the material. Entire slabs of concrete sidewalk should be removed. Repair of the pedestrian access route must meet Americans with Disability Act requirements, see [[:Category:642_Pedestrian_Facilities|EPG 642]]. Cuts through curb ramps or detectable warning areas are not permitted. Rather the entire curb ramp or detectable warning area must be removed and replaced. MoDOT district ADA contacts can help ensure ADA compliance of impacted pedestrian access routes.&lt;br /&gt;
&lt;br /&gt;
===643.1.4.7 Non-disturbance Areas===&lt;br /&gt;
MoDOT has certain areas of right of way where mowing, spraying, digging, or other vegetation disturbance activities are restricted. These areas have been established to mitigate the environmental impacts of a previous project and should be avoided. If the areas cannot be avoided, contact MoDOT’s Environmental Section.&lt;br /&gt;
&lt;br /&gt;
==643.1.5 Bridge Attachment Policy==&lt;br /&gt;
No utility facility will be permitted in or on a structure carrying an interstate or other freeway unless it is part of a federal requirement or for MoDOT’s use. When the structure carries any other road type and no other practical means exists for the crossing, wires (communication, electrical, fiber, or metal) will be permitted. Electrical lines must be located to cause minimum exposure to MoDOT maintenance personnel and the public. Pressurized pipelines for gas or other petroleum products and water and all sewer lines are prohibited on all structures due to the risks associated with their failure.&lt;br /&gt;
&lt;br /&gt;
===643.1.5.1 Agreement===&lt;br /&gt;
An agreement is required for all utility facilities attached to any structure. A charge will be made for the increased maintenance costs involved. This fee is set by the Bridge Division. When permitted, a 50-year occupational agreement is executed with the utility owner. Agreement BR04 Utility Attachment Agreement is used when an attachment is added to a bridge during its construction. Agreement BR09 Bridge Attachment Agreement is used when an attachment is added to an existing bridge.&lt;br /&gt;
&lt;br /&gt;
===643.1.5.2 Requests===&lt;br /&gt;
Requests to attach facilities to structures is a multi-step process. Bridge Division is responsible for approval of the bridge attachment. If at any point in the process, Bridge Division determines the attachment to be unacceptable, a reason is to be provided.&lt;br /&gt;
&lt;br /&gt;
To start, the utility owner submits a conceptual request to the district utilities staff. The conceptual request consists of an explanation of the proposal; a general location sketch (i.e., which side of the bridge); and details on the facility, length, and weight per foot when full. The district utilities staff should work with all relevant district personnel including the District Bridge Engineer in reviewing and recommending the attachment. The district utilities staff will submit the recommended details to the Bridge Division to determine the applicable costs including future maintenance costs and for attachments to new bridges, design and construction. Once the Bridge Division has determined the cost, the district utilities staff shares the cost with the utility owner for their concurrence with furthering the process. For new bridges, if the utility owner concurs with the costs, the district utility staff will prepare the BR04 Agreement for execution by the utility owner and the Commission. MoDOT will be responsible for the design and construction of attachments to new bridges. For existing bridges, the district utilities staff will forward the applicable as-built bridge plans to the utility owner for its use in designing the bridge attachment. The utility owner will provide detailed design drawings, signed and sealed by a professional engineer in the State of Missouri, to the district utilities staff for review. The district utilities staff should work with all relevant district personnel, including the District Bridge Engineer, in reviewing and recommending the details of the attachment to the Bridge Division. Once Bridge Division approves, the Bridge Division will prepare the BR09 Agreement for execution by the utility owner and the Commission. The utility owner is responsible for the construction of attachments to existing bridges. A flow chart, [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_7_BridgeAttachementProcess_AOD.pdf EPG Figure 643.1.7], of the process is available.&lt;br /&gt;
&lt;br /&gt;
Payment from the utility owner for the attachment will be sent to Financial Services by district utilities staff. For BR04 agreements, district utilities staff should discuss with Financial Services how to get the payment credited to the project constructing the attachment. For BR09 agreements, district utilities staff should copy Bridge Division on correspondence with Financial Serves. Checks should be made payable to Director of Revenue, Credit State Road Fund.&lt;br /&gt;
&lt;br /&gt;
For requests from government entities such as cities, counties, and other municipalities, the requested information should be submitted to Bridge Division as described above. However, the district utilities staff will take the lead in preparing the DE10 County Agreement or DE11 Municipal Agreement, as applicable, with input from Bridge Division and Bridge Maintenance. All fees are waived for government entities.&lt;br /&gt;
&lt;br /&gt;
===643.1.5.3 Considerations===&lt;br /&gt;
The following considerations are made in determining the acceptability of a bridge attachment. Unique situations will be discussed with the Bridge Division as required.&lt;br /&gt;
&lt;br /&gt;
====643.1.5.3.1 Bridge Asset Management Program====&lt;br /&gt;
Requests for bridge attachments should be reviewed for consistency with the district’s upcoming bridge asset management program needs. If a structure is due for rehabilitation or replacement in the near future, information should be provided to the utility owner indicating existing remaining life of the bridge. In some instances, it may be in MoDOT’s best interest to deny the request for attachment outright. In some instances, the utility owner may still choose to pursue the short-term attachment to the existing structure. In almost all cases, the utility owner is responsible for the cost of removing and/or relocating their utility facilities for a necessary repair, widening, improvement or reconstruction of the structure. Review existing agreements for cost responsibility for current attachments.&lt;br /&gt;
&lt;br /&gt;
====643.1.5.3.2 Aesthetics====&lt;br /&gt;
In reviewing a request for a bridge attachment, how the structure is viewed by the public will be considered. For example, is the structure over a scenic stream that is extensively used by canoeists, or does the structure span a road that may provide access to a park, campgrounds, or boat launching facilities? Is the structure a grade separation where the motoring public will see the attachment before they pass under it?&lt;br /&gt;
&lt;br /&gt;
====643.1.5.3.3 Method of Attachment====&lt;br /&gt;
In order to maintain structural integrity of any structures the following requirements will apply for attachments.&lt;br /&gt;
&lt;br /&gt;
=====643.1.5.3.3.1 Welding=====&lt;br /&gt;
Welding of hardware to structural steel members (i.e., flanges, webs, stiffeners, and diaphragms) whether in tension or compression is not permitted.&lt;br /&gt;
&lt;br /&gt;
=====643.1.5.3.3.2 Drilling=====&lt;br /&gt;
Drilling holes in any structural steel member is not permitted. Drilling holes for anchors into any prestressed concrete member is not permitted. Although permitted, drilling holes for anchors into the underside of bridge decks must be done with caution. It is recommended all anchors be installed to miss deck reinforcing steel. Generally, drilling into decks will not be allowed where sonotubes were used (voided slab bridges). The depth of the holes should be such that breaking out of the concrete on the top side of the deck does not occur.&lt;br /&gt;
&lt;br /&gt;
=====643.1.5.3.3.3 Corrosion=====&lt;br /&gt;
Attachment hardware will be new, properly coated to prevent corrosion or be of a non-corrosive material, and be designed to support the facility.&lt;br /&gt;
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====643.1.5.3.4 Location====&lt;br /&gt;
In general, attachments are made on the underneath side of the bridge deck. The condition of the bridge deck will dictate the location of the attachment supports. An exception may be attachments to trusses or other overhead structures.&lt;br /&gt;
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Attachments that may require manholes in bridge decks are not allowed.&lt;br /&gt;
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When attachments are required to structures over streams that may carry large drifts, they must be attached to the downstream side of the structure and above the lowest superstructure element. It is preferred to locate the attachment on the outside of the exterior girder. If aesthetics are a concern, a better appearance can be achieved by having the attachment made to the inside of the exterior girder and above the bottom of the lower flange to hide the conduit and the attaching hardware.&lt;br /&gt;
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Placement of utilities must not prevent the removal of old paint, the application of new paint on superstructure steel, or cause debris buildup, which could cause structural deterioration.&lt;br /&gt;
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====643.1.5.3.5 Construction and Maintenance====&lt;br /&gt;
If the attachment cannot be built while maintaining one (1) lane of traffic on the structure, it will not be allowed.&lt;br /&gt;
&lt;br /&gt;
Construction procedures that severely impact traffic may factor into the allowable location of the attachment on the structure.&lt;br /&gt;
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When scaffolding is to be attached or supported by bridge rails, bridge superstructure, or bridge substructure, the procedures for construction of the attachment must be reviewed.&lt;br /&gt;
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The utility owner or local entity will pay for, or be responsible for, the painting of the attachment, if necessary, when the bridge requires painting.&lt;br /&gt;
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==643.1.6 Private Lines==&lt;br /&gt;
Private lines are permitted to cross the right of way of a highway in the same manner as outlined for all utility facilities in above sections of this article. Parallel installations along the right of way of a highway are not permitted. Special conditions at a specific location that make adherence to this policy impractical will be submitted to the Chief Engineer for consideration of an acceptable alternative. In certain situations, it may be necessary to obtain approval from the Federal Highway Administration (FHWA) before approval to use the alternative can be given to the private utility owner.&lt;br /&gt;
&lt;br /&gt;
==643.1.7 Water and Sewer Separations==&lt;br /&gt;
The Missouri Department of Natural Resources (MoDNR) Safe Drinking Water Commission via 10 CSR 60-10 and Clean Water Commission via 10 CSR 20-8 govern the design of water and sewer lines in the vicinity of one another. Basic criteria are outlined below for information, and details are contained within the regulations. MoDOT is not responsible for providing or acquiring adequate right of way for utility owners to comply with MoDNR requirements.&lt;br /&gt;
&lt;br /&gt;
===643.1.7.1 Water and Sewer Separations===&lt;br /&gt;
====643.1.7.1.1 Horizontal====&lt;br /&gt;
Sanitary and storm sewers are to be laid at least ten feet (10’) horizontally measured from outside edge to outside edge from any existing or proposed water main. In cases where it is not practical to maintain ten feet (10’) of separation, installation of the water main closer to the sewer is acceptable where the water main is installed in a separate trench or on an undisturbed earth shelf located on one (1) side of the sewer at an elevation so the bottom of the water main is at least eighteen inches (18”) above the top of the sewer.&lt;br /&gt;
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===643.1.7.2 Crossings===&lt;br /&gt;
Water mains are to be laid to provide a minimum vertical distance of eighteen inches (18”) vertically measured outside edge to edge from sanitary or storm sewers. This is the case whether the water main is above or below the sewer. One (1) full length of water pipe must be located so both joints will be as far from the sanitary or storm sewer line as possible. Special structural support for the water main or sanitary or sewer main may be required.&lt;br /&gt;
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===643.1.7.3 Exception===&lt;br /&gt;
When it is impossible to obtain proper horizontal and vertical separation as stipulated, the sewer will be designed and constructed equal to water pipe and will be pressure-tested to assure it is watertight prior to backfilling.&lt;br /&gt;
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===643.1.7.4 Water Supply Interconnections===&lt;br /&gt;
No physical connection is permitted between a public or private potable water supply system and any sanitary or storm sewer or appurtenance that would permit the passage of any sewage or polluted water into the water supply. No water pipe is permitted to pass through or come in contact with any part of a sanitary sewer manhole.&lt;br /&gt;
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===643.1.7.5 Water Works Structures===&lt;br /&gt;
Sewers are not permitted to be installed within fifty feet (50’) in any direction from any existing or proposed public water supply well or other water supply sources or structures.&lt;br /&gt;
&lt;br /&gt;
==643.1.8 Variances==&lt;br /&gt;
Occasionally, it is impractical to locate a utility facility in accordance with requirements outlined in this article. MoDOT may consider a utility owner’s request for a variance from these requirements on a case-by-case basis. The utility owner should complete a [https://epg.modot.org/forms/general_files/DE/UtilityVarianceApprovalForm.docx Utility Variance Approval Form] to be submitted to MoDOT for consideration. Variances on the Interstate System require approval of the Federal Highway Administration (FHWA). A flow chart, [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_8_VarianceApprovalProcess.pdf EPG Figure 643.1.8], of the variance process is available.&lt;br /&gt;
&lt;br /&gt;
A variance will not be permitted just for the convenience of the utility owner. The utility owner requesting a variance must provide all necessary information to properly evaluate if a variance should be approved. For example, a utility owner requesting a variance because “the utility corridor is full” must explore all reasonable options. It is suggested that the requestor pothole the existing utility corridor to confirm the location of existing utility facilities and provide that data to support the need to locate outside of the utility corridor due to its congestion.&lt;br /&gt;
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===643.1.8.1 Variance Process===&lt;br /&gt;
Any utility owner of a public utility facility may apply for a variance. The process for requesting a variance is as follows:&lt;br /&gt;
&lt;br /&gt;
====643.1.8.1.1 Submittal Requirements====&lt;br /&gt;
Utility owners submit to the district utilities staff a written request for a variance using the [https://epg.modot.org/forms/general_files/DE/UtilityVarianceApprovalForm.docx Utility Variance Approval Form]. The utility owner must clearly show the provision(s) or guideline(s) for which the variance is being requested; the condition(s) which the utility owner believes warrant(s) the granting of a variance; a thorough explanation of the reason(s) for the requested variance, including sufficient and appropriate documentation of safety, aesthetic, or constructability constraints that would be adverse to the function, access, or maintenance of the utility facility and not in the best interest of the public.&lt;br /&gt;
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====643.1.8.1.2 MoDOT Consideration of Variance Request====&lt;br /&gt;
The utility owner bears full responsibility for demonstrating to MoDOT’s satisfaction that the variance is the most appropriate way to serve the public interest. MoDOT may present to the utility owner and the utility owner must consider reasonable alternatives to the variance requested by the utility owner. In determining whether to grant a variance, district utilities staff will consider all relevant factors including, but not limited to: the requested variance is reasonably necessary for the convenience, safety, health, and/or welfare of the public; there is an exceptional or undue burden or hardship on the specific applicant; a physical impracticability that would result from the applicant’s adherence to the normal location requirements; and the requested variance will not impair the safe construction, maintenance, operation, and safety of public travel on the highway. District utilities staff may consult with the Design Liaison Engineer in evaluating variances.&lt;br /&gt;
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====643.1.8.1.3 Approval of Variances====&lt;br /&gt;
Once district utilities staff have agreed to accept a variance proposed by the utility owner, the [https://epg.modot.org/forms/general_files/DE/UtilityVarianceApprovalForm.docx Utility Variance Approval Form] and all supporting documentation is sent to the District Design Engineer (DDE) for approval. If a variance is on interstate right of way, the DDE-signed Variance Request Form and all supporting documentation is forwarded to the Design Liaison Engineer who will forward to FHWA for their concurrence.&lt;br /&gt;
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====643.1.8.1.4 Variance Appeal Informal Hearing====&lt;br /&gt;
If denied a variance, the utility owner has thirty (30) calendar days to request an informal hearing for the purpose of appealing the denial. Requests must be made in writing to the State Design Engineer, Missouri Department of Transportation, P.O. Box 270, Jefferson City, MO 65102. If the utility owner requests an informal hearing, MoDOT’s authorized representative will advise the applicant of the time, date, and place of the hearing. The hearing is not a contested case under RSMo 536. The rules of evidence will not apply at the hearing, and MoDOT’s decision after the conduct of the hearing is not subject to further appeal.&lt;br /&gt;
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==643.1.9 Excess Right of Way==&lt;br /&gt;
Prior to conveyance of excess right of way, the status of utility facilities within said parcel must be addressed. See [[236.5_Property_Management#236.5.12_Excess_Land_Conveyances_&amp;amp;_Relinquishments_–_Regulated_Utilities|EPG 236.5.12]].&lt;br /&gt;
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==643.1.10 Broadband==&lt;br /&gt;
Broadband development in the state of Missouri is handled by the Department of Economic Development (DED). MoDOT shares its approved Statewide Transportation Improvement Program (STIP) project list with DED. All MoDOT policies related to placement of utility facilities within Commission right of way as outlined in this EPG article 643.1 are to be followed.&lt;br /&gt;
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https://epg.modot.org/files/5/55/643.1_Utility_Status_Letter.doc&lt;br /&gt;
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&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643.2 Utilities in Program Delivery &#039;&#039;PAGE TITLE&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt; &lt;br /&gt;
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==643.2.1 Introduction==&lt;br /&gt;
Improvements to the highway system often require negotiation between the Commission and a city, a county, or a public or private utility owner. The Commission’s district utilities staff is responsible for coordination of highway improvement projects with the utility owner’s representative. The impact to a utility, the responsibility for the cost of adjustments necessary to allow highway construction, the plan of adjustment of the utility, the responsibility of performance of work on utility facilities, and the schedule of the utility adjustment are all items that vary depending on the project and should be investigated and negotiated to ensure highway improvement projects are delivered on-time and on-budget. These should comply with Commission policy. A flowchart [link here] outlining all the utility adjustment processes (reimbursable and non-reimbursable relocations, Master Reimbursable Utility Agreements and Project Specific Agreements, etc.) are available in the list of figures at the top of the page. These processes will not always be in combination, but each should be considered with each project.&lt;br /&gt;
&lt;br /&gt;
The district utilities staff, in conjunction with the Transportation Project Manager (TPM), is expected to invite and encourage participation of utility owner representatives in MoDOT project meetings as needed.&lt;br /&gt;
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When a project involves utility adjustments for which the Commission is responsible for costs, the TPM should program the costs of the utility adjustments as non-contractual construction costs in the STIP Information Management System (SIMS).&lt;br /&gt;
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==643.2.2 Annual Utility Meeting==&lt;br /&gt;
Each district should hold an annual meeting with utilities to discuss current STIP projects in the district. The annual meeting should be held during each year&#039;s STIP preparations, ideally between January and May. All utility owners that have utility facilities in the district should be invited. The intent is to provide the utility owners with an idea of upcoming projects to allow them the opportunity to plan and budget for potential adjustments of their utility facilities, identify both MoDOT and utility roadblocks, and develop action plans to complete utility adjustments better, faster, and cheaper.&lt;br /&gt;
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==643.2.3 Determination of Existing Utilities==&lt;br /&gt;
District utilities staff should determine the appropriate level of effort needed to accurately identify existing utilities within the footprint of a proposed highway construction project. Aboveground utilities are easily identifiable via field checks; however, determination of the precise location of underground utilities can be more challenging and time consuming. Therefore, the district utilities staff should balance the risk of conflict with the highway construction project against the level of effort needed to determine the location.&lt;br /&gt;
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The level of effort on mapping utilities is dependent on the scope of the project and the potential for utilities having an impact on the construction of the project. The project schedule should include the time to complete this task accurately. The time and effort necessary for having accurate locates requires close interaction with the utility locators. Early contact with utility owner representatives may be necessary to accurately locate underground utility facilities.&lt;br /&gt;
&lt;br /&gt;
Various methods of determining existing underground utilities result in different levels of quality. ASCE Standard 38 Standard Guidance for Investigating and Documenting Existing Utilities classifies four levels of quality:&lt;br /&gt;
:1. Quality Level D: QL-D is the most basic level of information for utility locations. It comes solely from existing utility records or verbal recollections, both typically unreliable sources. It may provide an overall &amp;quot;feel&amp;quot; for the congestion of utilities but is often highly limited in terms of comprehensiveness and accuracy. QL-D is useful primarily for project planning and route selection activities.&amp;lt;br&amp;gt;&lt;br /&gt;
: Missouri 811 or “private-locate” markings are to be considered to be QL-D.&lt;br /&gt;
:2. Quality Level C: QL-C is probably the most used level of information. It involves surveying visible utility facilities (e.g., manholes, valve boxes, etc.) and correlating this information with existing utility records (QL-D information). When using this information, it is not unusual to find that many underground utilities have been either omitted or erroneously plotted. Therefore, its usefulness is primarily on rural projects where utilities are not prevalent or are not too expensive to repair or relocate.&lt;br /&gt;
:3. Quality Level B: QL-B involves the application of appropriate surface geophysical methods to determine the existence and horizontal position of virtually all utilities within the project limits. This activity is called &amp;quot;designating&amp;quot;. The information obtained in this manner is surveyed to project control. It addresses problems caused by inaccurate utility records, abandoned or unrecorded utility facilities, and lost references. The proper selection and application of surface geophysical techniques for achieving QL-B data is critical. Information provided by QL-B can enable the accomplishment of preliminary engineering goals. Decisions regarding location of storm drainage systems, footers, foundations, and other design features can be made to avoid conflicts with existing utilities. Slight adjustments in design can produce substantial cost savings by eliminating utility relocations.&lt;br /&gt;
:4. Quality Level A: QL-A, also known as &amp;quot;locating or potholing&amp;quot;, is the highest level of accuracy presently available and involves the full use of the subsurface utility engineering services. It provides information for the precise plan and profile mapping of underground utilities through the nondestructive exposure of underground utilities, and provides the type, size, condition, material, and other characteristics of underground features.&lt;br /&gt;
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For projects with scopes that have potential for utility conflicts, the minimum level of effort required is SUE Quality Level D. Locations of existing utilities are determined by requesting locates through Missouri 811, also known as the “One-Call” process. Missouri 811 locating requests should be carefully considered for the scope of work of the project. When necessary, the location of existing utilities should be established by a field survey of locate markings and features and shown on the roadway plans. Higher level SUE Quality Levels can be used on any project. Adjustment cost savings, whether to the MoDOT or to the utility owner, are beneficial to the taxpayer. Good SUE projects are typically urban in nature, or in congested areas, where the project footprint is to be minimized, or anytime accurate vertical and horizontal location of the utility facility might allow a design to avoid the utility facility thus preventing the need for the adjustment. The SUE process combines civil engineering, surveying, and geophysics. It utilizes several technologies, including vacuum excavation and surface geophysics.&lt;br /&gt;
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When proposed excavation or installation of subsurface features (drainage, equipment bases, etc.) falls within three feet (3’) of a marked Missouri 811 line, soft digging (hand digging, potholing, vacuum methods, pressurized air/water jetting, pneumatic hand tools, etc.) is required to more exactly locate the utility facility both horizontally and vertically. Utility facilities present within the right of way by permit, should be investigated by the utility owner. Utility facilities that would be reimbursable or partially reimbursable as defined in EP 643.2.8 will be investigated by MoDOT.&lt;br /&gt;
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==643.2.4 Conflict Determination==&lt;br /&gt;
Determination of whether a conflict exists between an existing utility facility and a proposed highway improvement project should occur at the earliest possible stage of project development. A conflict may be the result of the physical interaction between the roadway infrastructure and utility facility, a reduction in cover or increase in fill over underground utilities, a reduction in horizontal clearance whether above or below ground, a reduction in overhead vertical clearance, paving over utilities, or restricting a utility owner’s access to its utility facilities. District utilities staff should work with utilities to determine if a conflict exists and the appropriate plan of adjustment to remedy the conflict. The adjustment to the utility may be a relocation or another measure that protects the utility or access to the utility from the proposed highway improvement project. Determination of a conflict needs to be continually re-evaluated as the project design progresses. Continuing coordination is essential.&lt;br /&gt;
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==643.2.5 Utility Plan of Adjustment==&lt;br /&gt;
===643.2.5.1 Request for Plan of Adjustment===&lt;br /&gt;
District utilities staff will request a plan of adjustment from utility owners whose utility facilities are in conflict with a proposed highway project. The plan of adjustment may consist of efforts to relocate the utility or otherwise protect a utility from the impacts of the proposed highway project. Utilities are shown on the roadway plan and profiles sheets that are furnished to utility owners for use in planning required utility adjustments. Any other sheets such as drainage, traffic signal, lighting, or ITS plans that show impacts to a utility facility should also be provided to the utility owners. All adjustments, reimbursable or not, require a plan of adjustment furnished by the utility owner.&lt;br /&gt;
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A transmittal letter is included in the request for a plan of adjustment. The letter informs the utility owner that regardless of whether an adjustment is reimbursable, no physical adjusting or relocating of their utility facilities to accommodate the proposed highway improvement is to be performed without specific approval and authorization. Additionally, if any part of the adjustment has the potential to be reimbursable, they are advised:&lt;br /&gt;
# They may undertake preliminary engineering by their own forces upon approval by district utilities staff of the estimated costs of preliminary engineering.&lt;br /&gt;
# They may employ a consultant to do the PE work provided they request and obtain prior approval. See [[#643.2.6_Preliminary_Engineering_Requirements|EPG 643.2.6 Preliminary Engineering Requirements]].&lt;br /&gt;
# Any preliminary engineering costs accrued prior to the date of written authorization to proceed will not qualify for reimbursement.&lt;br /&gt;
# Replacement right of way or easements cannot be purchased without specific approval and authorization.&lt;br /&gt;
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===643.2.5.2 Proposed Plan of Adjustment===&lt;br /&gt;
Developing a plan of adjustment is a multi-step process. The utility owner will propose a conceptual approach to adjusting the utility facilities to allow highway construction. This conceptual approach is used as the basis for determining cost responsibility, estimate of costs for preliminary engineering and construction, developing the agreement if necessary, and final design of the adjustment. Negotiations between district utility staff and the utility owner’s representative can result in changes to the design throughout the process.&lt;br /&gt;
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Final plans of adjustment must contain a legend on the first sheet identifying the utility symbols used. They must also show the existing utility facilities and their disposition, the location of the new or adjusted utility facilities, the existing and new right of way lines, the limited or fully controlled access symbols (where applicable), the existing and proposed roadways, ramps, and outer roadways and any other pertinent roadway information. They must contain sufficient details concerning location, elevation, compaction, clean up, etc. to provide for the proper adjustment of the utility facility. Relocated and/or existing utility facilities that will remain in place must be dimensioned or indicated in a manner to show their location in respect to the right of way lines. It is preferred that the utility owner transmits the plan of adjustment by electronic deliverables in a format that can be incorporated into the roadway plans. This will reduce the time and effort necessary as well as increase the accuracy of transferring this information into the roadway plans.&lt;br /&gt;
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Plans of adjustment received from the utility owner are to be checked for compliance with MoDOT’s requirements ([[#643.1_Utilities_Location|EPG 643.1 Utility Location]]) by the district utilities staff. They are also checked to ensure compatibility with the roadway design. Any continuing conflicts are resolved through negotiations with the utility owner.&lt;br /&gt;
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Occasionally, it is impractical to perform a utility adjustment in accordance with MoDOT’s requirements. Sometimes the utility may request approval of a plan of adjustment that does not conform to these requirements. Deviation from MoDOT’s utility requirements is a variance. Refer to [[#643.1.8_Variances|643.1.8 Variance Process]] for additional guidance.&lt;br /&gt;
The final plan of adjustment is included as Exhibit “A” to the agreement ([[#643.2.12_Utility_Agreements|EPG 643.2.12 Agreements]]).&lt;br /&gt;
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==643.2.6 Preliminary Engineering Requirements==&lt;br /&gt;
Preliminary engineering (PE) can be performed one of four ways for utility adjustments:&lt;br /&gt;
# The utility owner can use its own engineering forces.&lt;br /&gt;
# MoDOT can select an engineering consultant, after consultation with the utility owner, and the consultant contract will be administered by MoDOT.&lt;br /&gt;
# The utility owner can select an engineering consultant, with approval by MoDOT, and the consultant contract will be administered by the utility owner.&lt;br /&gt;
# If a utility adjustment is being included in a MoDOT administered construction contract, the preliminary engineering of the adjustment can be provided by MoDOT.&lt;br /&gt;
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For reimbursable utility adjustments, the amount paid to engineers, architects, and others for required engineering and allied services can be included in reimbursement amount provided such amounts are not based on a percentage of the costs of the necessary adjustments to allow highway construction. Reimbursement is available for contracts executed after solicitation of a consultant for the specific adjustment or existing continuing contracts when it is demonstrated that such work is performed regularly for the utility owner in its own work and that the costs are reasonable.&lt;br /&gt;
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A [https://epg.modot.org/forms/general_files/DE/UtilityConsultantContractChecklist.docx checklist is available for reviewing consultant-engineering contracts] to ensure the contract conforms to MoDOT policy and complies with applicable federal regulations. District utilities staff should use the checklist to review contracts and may consult with Audits and Investigations Division as necessary. The procedures in 23 CFR part 172, Administration of Engineering and Design Related Service Contracts may be used as a guide for reviewing proposed consultant contracts. [[:LPA:136.4_Consultant_Selection_and_Consultant_Contract_Management|EPG 136.4 Consultant Selection and Consultant Contract Management]] may also be used as a guide.&lt;br /&gt;
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===643.2.6.1 Solicited Consultant Contracts===&lt;br /&gt;
If solicitation of PE services is required for reimbursable utility adjustments, the utility owner must provide the following documents and information to district utilities staff. These documents need to be provided as soon as the utility owner has chosen to solicit a consultant. Document 1 must be supplied by all utility owners. Documents 2 and 3 are only required when the utility owner is a local government agency who is also a political subdivision of the state of Missouri (e.g., city-owned utilities, county-owned utilities). All other utility owners are encouraged, but not required, to provide Documents 2 and 3:&lt;br /&gt;
# A statement that the utility owner is not staffed or able to perform the required PE services with its own forces.&lt;br /&gt;
# Provide the names of at least three (3) consultants considered.&lt;br /&gt;
# The criteria used to evaluate each consultant and reasons why the selected consultant was selected.&lt;br /&gt;
&lt;br /&gt;
The following documents need to be provided as soon as the utility owner has successfully negotiated and entered into a contract with the consultant:&lt;br /&gt;
# The name and address of the selected consultant.&lt;br /&gt;
# A statement that the &amp;quot;[https://epg.modot.org/forms/general_files/DE/CertificationOfConsultant.docx Certification of Consultant]&amp;quot; will be furnished immediately upon award of the contract to the consultant.&lt;br /&gt;
# One executed copy of the proposed engineering contract or agreement between the utility owner and consultant, only if the engineering will exceed $5,000.00.&lt;br /&gt;
# The consultant&#039;s fixed (lump sum) or estimated fee (actual cost) and the contract maximum.&lt;br /&gt;
# A cost summary providing a detailed breakdown of the basis for the consultant&#039;s compensation, including estimated labor hours, hourly rates for each classification, overhead rate (if used), the amount of profit charged, and any other estimated charges such as travel expenses, equipment rentals, etc. If an overhead rate is used, the consultant must also submit the supporting overhead rate calculations.&lt;br /&gt;
# An independent cost estimate of engineering services provided by the utility owner to use in comparison to the consultant’s proposed engineering services to check for cost reasonableness.&lt;br /&gt;
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===643.2.6.2 Continuing Consultant Contracts===&lt;br /&gt;
When a utility owner chooses to use an existing continuing contract for PE services, the utility owner must provide the following documents and information to the district utilities staff as soon as possible.&lt;br /&gt;
# A statement that the utility owner is not staffed or able to perform the engineering with its own forces.&lt;br /&gt;
# The name and address of the consultant under the existing continuing contract.&lt;br /&gt;
# A statement that the &amp;quot;[https://epg.modot.org/forms/general_files/DE/CertificationOfConsultant.docx Certification of Consultant]&amp;quot; will be furnished.&lt;br /&gt;
# A copy of the continuing contract to the district utilities staff. The district utilities staff will review the contract for reasonableness of cost.&lt;br /&gt;
# The consultant&#039;s fixed (lump sum) or estimated fee (actual cost) and the contract maximum for the work associated with the utility adjustment.&lt;br /&gt;
# A cost summary providing a detailed breakdown of the basis for the consultant&#039;s compensation, including estimated labor hours, hourly rates for each classification, overhead rate (if used), the amount of profit charged, and any other estimated charges such as travel expenses, telephone, etc. If an overhead rate is used, the consultant must also submit the supporting overhead rate calculations.&lt;br /&gt;
# An independent cost estimate of engineering services provided by the utility owner to use in comparison to the consultant’s proposed engineering services to check for cost reasonableness.&lt;br /&gt;
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===643.2.6.3 Consultant Contract Changes===&lt;br /&gt;
If a PE services contract between a utility owner and a consultant needs to be revised, a copy of the revised contract, fee, and schedule should be submitted by the utility owner to the district utilities staff prior to allowing for contract changes. District utilities staff should review the contract changes to ensure the revised contract conforms to MoDOT policy and complies with applicable federal regulations.&lt;br /&gt;
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==643.2.7 Environmental and Right of Way==&lt;br /&gt;
===643.2.7.1 Utilities and Environmental Clearances===&lt;br /&gt;
District utilities staff should coordinate with the TPM and utility owner’s representative to understand and communicate on known environmental and cultural constraints that could impact a utility owner’s plan of adjustment. This will allow the utility owner to consider permitting timelines and alternatives that avoid environmental or cultural resources to keep the project on schedule.&lt;br /&gt;
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One strategy to make project delivery more efficient and ensure regulatory compliance is for MoDOT to obtain the environmental and cultural resource permits and clearances for the utility owners associated with a roadway improvement while obtaining its own. This would generally only be for the permits and regulatory clearances MoDOT already needs to pursue as a part of the transportation improvement.&lt;br /&gt;
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District utilities staff should coordinate with the utility owner’s representative early in the project timeline to determine if it is in the best interest of both MoDOT and the utility owner to obtain permits and environmental clearances jointly. The following strategies can be utilized to determine if a joint approach to environmental work should be pursued:&lt;br /&gt;
* If utility facilities are moving to a location within or immediately adjacent to MoDOT right of way, a utility owner may be invited to participate in permitting and environmental compliance activities.&lt;br /&gt;
* If utilities move to a location not within or adjacent to MoDOT right of way, the utility company would not normally be invited to participate in permit applications and environmental compliance activities. However, some unique projects may necessitate further attention and should be discussed with the Design Liaison Engineer.&lt;br /&gt;
&lt;br /&gt;
If MoDOT and the utility owner agree to obtain joint permits and clearances, written communication between the utility owner’s representative and the district utilities staff should document the following items:&lt;br /&gt;
* List of the permits and clearances that MoDOT will acquire on behalf of the utility owner.&lt;br /&gt;
* List of the information needed from the utility owner in order for MoDOT to acquire the permits and clearances.&lt;br /&gt;
* Schedule and deadlines for submittal of the information by the utility owner. For example: utility plans, fill quantities, construction methods, dates, or seasons of construction.&lt;br /&gt;
&lt;br /&gt;
Permits and clearances that may be needed by both a utility owner and MoDOT include:&lt;br /&gt;
* [[127.7_Threatened_and_Endangered_Species|Endangered Species Act consultation and clearance]]&lt;br /&gt;
* [[127.2_Historic_Preservation_and_Cultural_Resources#127.2.1.1_Historic_Preservation_Regulations_and_Laws|Section 106 of the National Historic Preservation Act clearance]]&lt;br /&gt;
* [[127.10_Section_4(f)_Public_Lands|Section 4(f) clearance]]&lt;br /&gt;
* [[127.10_Section_4(f)_Public_Lands#127.10.1.4_Section_6(f)_Laws_and_Regulations|Section 6(f) of the Land and Water Conservation Fund Act clearance]]&lt;br /&gt;
* [[127.4_Wetlands_and_Streams|Section 401 and Section 404 of the Clean Water Act permits]]&lt;br /&gt;
* [[:Category:806_Pollution,_Erosion_and_Sediment_Control#806.1_Introduction_(see_Sec._806)|Section 402 of the Clean Water Act permit (State Operating Permit for Erosion Control)]]&lt;br /&gt;
* [[127.8_Hazardous_and_Solid_Waste|Recommendations on contaminated soil disposition]]&lt;br /&gt;
&lt;br /&gt;
===643.2.7.2 Right of Way Acquisition and Utilities===&lt;br /&gt;
The Commission is obligated to acquire the width of right of way required by the design of the highway improvement. For utility facilities currently located within the Commission’s right of way, this includes the necessary space for the utility facilities impacted by the design of the highway improvement. Either additional right of way width to accommodate a utility corridor or a utility easement can be obtained for the relocation of utility facilities. When drainage easements are acquired along a channel, additional space for utility facilities should be considered to avoid conflicts between the utility facility and the bridge or culvert.&lt;br /&gt;
&lt;br /&gt;
District utilities staff should inform the utility owner’s representative of the potential of a conflict between an existing utility facility and a proposed highway construction project early in the project development process to allow sufficient time for the utility owner to prepare a plan of adjustment and notify the district utilities staff of any easement needs. When utility facilities are located on a utility owner’s private easement, the utility owner may obtain its own new easements. If the utility owner is not in a position to negotiate for new easements or if the utility owner’s policies will not permit it to condemn property to obtain the easement, MoDOT can acquire the easement in the same manner roadway right of way is obtained. The district utilities staff should verify the utility owner is aware of the opportunity to have MoDOT acquire the easement, and the utility owner should provide written documentation on whether the utility owner would like to pursue this option with MoDOT.&lt;br /&gt;
&lt;br /&gt;
For situations where the utility owner will obtain its own replacement right of way and the cost of the adjustment is MoDOT’s responsibility, the utility right of way cost should be reviewed by the district right of way department to ensure the cost is reasonable and acquisition followed state and federal regulations. In order to expedite utility adjustments necessary to allow highway construction, the district utility staff may authorize the utility owner to obtain easements prior to all details of a plan of adjustment being developed. In this situation, the district utilities staff should ensure enough details are known to justify the needed right of way, and an agreement for right of way costs only should be executed with the utility owner.&lt;br /&gt;
&lt;br /&gt;
For situations where MoDOT will obtain the right of way necessary to allow highway construction, district utility staff should negotiate with the utility owner’s representative to ensure all necessary utility easements are shown on the approved right of way plans. The TPM should confirm with district utilities staff that the right of way plans accurately reflect the needs of the utility owners prior to requesting right of way plan approval. The district Right of Way Manager should confirm with district utilities staff before requesting an acquisition date (A-date). Every effort should be made to avoid adding utility easement requests once negotiations with property owners have begun.&lt;br /&gt;
&lt;br /&gt;
Occasionally, when negotiations cannot be completed for easements for the adjustment of utility facilities, it may be necessary to condemn for the property. District utilities staff should coordinate with the utility owner’s representative to ensure no alternate design for the adjustment of the utility facility is practical. The decision to condemn for easements for the adjustment of the utility facilities requires the exercise of good judgment in reaching the conclusion that further good faith negotiations are futile and condemnation is necessary to maintain the project in the scheduled letting. The TPM should coordinate with the district utilities staff and district Right of Way (RW) personnel on the condemnation proceedings.&lt;br /&gt;
&lt;br /&gt;
Easement and other right of way documents used with utility owners are handled in accordance with procedures established jointly with RW and district utilities staff. District survey staff prepare the land descriptions for use in utility easements. The district utilities staff is responsible for completion of the easements in the correct form and scope. A sketch delineating the area described is attached to the easement as Exhibit “A”. Communication with the Design Division will ensure use of proper forms, corporate names and locations, and particular wording required for joint ownerships. The description for a utility easement is to be referenced to the nearest land corner shown on the plans. Examples of easements can be found in the template list in [https://netprod3.dot.missouri/eAgreements/Search/QuickSearch eAgreements].&lt;br /&gt;
&lt;br /&gt;
In situations where MoDOT is acquiring right of way with existing utility easements, but the district utilities staff and the utility owner’s representative agree that the utility facility may remain in place, the utility owner will release the property to the Commission separate from the right of way acquisition. This is done by executing an Easement for Highway Construction (UT16). The utility owner grants and conveys, with warranty of title expressed or implied, to the Commission, the right to construct, reconstruct, and maintain a highway over and across that portion of the easement owned and held by the utility owner. In the future, the utility owner retains any reimbursable rights should future projects require adjustments to allow highway construction.&lt;br /&gt;
&lt;br /&gt;
==643.2.8 Cost Responsibility==&lt;br /&gt;
In addition to determining if a conflict exists between an existing utility facility and a highway improvement project, it is important to determine who is responsible for the costs of the necessary adjustments to allow highway construction. An adjustment for which the Commission is responsible for the costs is known as a reimbursable adjustment. An adjustment for which the Commission is not responsible for the costs is known as a non-reimbursable adjustment. An adjustment for which the Commission and the utility share responsibility for costs is known as a partially reimbursable adjustment. Adjustments determined to be reimbursable or partially reimbursable by the Commission are to be completed under the terms of an agreement executed between the utility owner and the Commission.&lt;br /&gt;
&lt;br /&gt;
===643.2.8.1 Commission Responsibility===&lt;br /&gt;
====643.2.8.1.1 Utility Facilities Located on Private Easements====&lt;br /&gt;
When the utility facility is located on a private easement within the new right of way to be acquired for a future project, the Commission is responsible for the cost of the necessary adjustments to allow highway construction. It may be possible that such easement does not have written easement rights. The Commission will honor this oral right provided acceptable documentation is provided by the utility owner to the district utilities staff. An [https://epg.modot.org/forms/general_files/DE/NonwrittenEasementRights_Example.docx example of acceptable documentation for not written easement rights] is available. Other forms of documentation will be considered on an individual basis.&lt;br /&gt;
&lt;br /&gt;
=====643.2.8.1.1.1 Future Moves=====&lt;br /&gt;
When the utility facility is located on a private easement, taken into the Commission’s right of way, the Commission may agree that any future moves of the same utility by Commission order may be made at the Commission’s cost. Documentation of this agreement is by an Easement for Highway Construction (UT16) agreement. If the Commission provides a substitute private easement, then the Commission will have future obligations consistent with the utility facility’s status in an easement.&lt;br /&gt;
&lt;br /&gt;
====643.2.8.1.2 Utility Facilities Located within Commission Right of Way====&lt;br /&gt;
When the utility facility is located within Commission right of way, but has prior land rights, the Commission is responsible for the cost of adjustments to allow highway construction. The utility owner is responsible for documenting to the satisfaction of the district utilities staff, the basis for the claim of prior land rights within Commission right of way. Time spent researching prior rights is considered coordination and is reimbursable.&lt;br /&gt;
&lt;br /&gt;
====643.2.8.1.3 City or County Utility Facilities on City or County Streets====&lt;br /&gt;
When roadway improvements are within the corporate limits of cities, towns, and villages, a municipal agreement is negotiated between the Commission and the municipality. Likewise, when roadway improvements are within the limits of a county and outside the municipal limits, a county agreement is negotiated between the Commission and the County Commission. Included in these agreements are provisions regarding reimbursement for adjusting city or county owned utility facilities. Reimbursement is provided for adjustment of city or county owned utility facilities that are now located on city or county streets and not on Commission right of way.&lt;br /&gt;
&lt;br /&gt;
====643.2.8.1.4 Lumen====&lt;br /&gt;
Lumen – National (formerly CenturyLink, Lightcore, or Digital Telephone, Inc. (DTI)) and the Commission have entered into a partnership agreement, “Amended and Restated Fiber Optic Cable on Freeways in Missouri,” executed June 5, 2003 which obligates the Commission to be responsible for the cost of the necessary adjustments to allow highway construction along the routes identified in the agreement. A copy of the agreement is available to district utilities staff.&lt;br /&gt;
&lt;br /&gt;
====643.2.8.1.5 Services to the Commission====&lt;br /&gt;
When a utility facility provides a service connection to local Commission facilities such as power to traffic signals, lighting, ITS, and cathodic protection and phone drops to traffic signal controllers or other Commission facilities, the Commission is responsible for the cost of the necessary adjustments to allow highway construction.&lt;br /&gt;
&lt;br /&gt;
====643.2.8.1.6 Private Service Lines====&lt;br /&gt;
While most utility owners reconnect the private service lines at no cost to the property owner, some do not. If a utility owner does not reconnect service lines, MoDOT can include adjustment of private service lines in roadway contracts. Bid items for relocating service connections are provided for the different types of anticipated adjustments.&lt;br /&gt;
&lt;br /&gt;
====643.2.8.1.7 Second Moves====&lt;br /&gt;
If the Commission requires additional work to a utility facility after the facility has been relocated or adjusted in accordance with a plan of adjustment approved by the Commission for a single project number, the Commission is responsible for the cost of the additional work regardless of whether the initial adjustment was Commission responsibility as outlined in other parts of [[643.2_Local_Utility_Adjustments_-_Public_and_Private#643.2.8.1_Federalizing_Funds_for_Preliminary_Engineering|643.2.8.1]].&lt;br /&gt;
&lt;br /&gt;
The purpose of the policy is to encourage utilities to relocate early rather than waiting until plans are published for bidding. The policy eliminates the utility having to relocate twice at its own expense because of late changes in the design. It is best to have utilities relocated prior to construction, and this policy helps achieve that goal. Therefore, it is imperative that the designer notifies district utilities staff as soon as possible of any changes made after these plans have been sent. If notified immediately, it may be possible to inform the utility owner prior to their final design thereby eliminating a second move.&lt;br /&gt;
&lt;br /&gt;
Under this policy, the following are not considered second moves. Temporary and staged relocations necessary to accommodate construction and agreed upon by the utility and the Commission prior to relocation are considered a single move and are not subject to the provisions of the second move policy. If the Commission requires adjustment of a utility facility for which the utility owner is responsible for the cost of the adjustment and was originally determined to not need adjustment, the utility owner is responsible for the cost of the adjustment. The utility owner is responsible for the cost of additional work to any portion of the utility facility after the utility facility has been adjusted in accordance with a plan of adjustment approved by the Commission if the additional work is required by the Commission due to error by the utility owner in preparation of plan of adjustment, field location of, or construction of the adjustment of the utility facility.&lt;br /&gt;
&lt;br /&gt;
When evaluating construction contract changes by change order or value engineering, the impacts of the second move policy should be considered.&lt;br /&gt;
&lt;br /&gt;
===643.2.8.2 Utility Owner Responsibility===&lt;br /&gt;
====643.2.8.2.1 Utility Facilities Owned and Operated by a Political Subdivision====&lt;br /&gt;
When a utility facility is located within Commission right of way, but does not have prior land rights, the utility owner is responsible for the cost of the necessary adjustments to allow highway construction. When a utility facility is located on public right of way other than Commission right of way, the utility owner is responsible for the cost of the necessary adjustments to allow highway construction.&lt;br /&gt;
&lt;br /&gt;
When a political subdivision must bear part or all the cost of adjustments to their utility facilities, and the cost creates a financial hardship, the Commission, by its authorized representative, the Chief Engineer, may temporarily assume these costs. A payback agreement with the political subdivision will include an applicable interest rate for a comparable maturity from a widely published index of tax-exempt municipal rates obtained from Financial Services. Payback time will not exceed five (5) years.&lt;br /&gt;
&lt;br /&gt;
====643.2.8.2.2 Utility Facilities Other Than Those Owned by a Political Subdivision====&lt;br /&gt;
When a utility facility is on the right of way of a public road or street or on state highway right of way without prior land rights and adjustment is necessary to allow for the construction of a roadway improvement, the utility owner is responsible for the cost of the necessary adjustments to allow highway construction.&lt;br /&gt;
&lt;br /&gt;
===643.2.8.3 Shared Responsibility===&lt;br /&gt;
When a utility facility is located such that portions of it are a Commission responsibility and portions of it are a utility owner responsibility by the definitions above, the costs of the necessary adjustments to allow highway construction will be split by the Commission and the utility owner. If the exact cost for each party can be determined, each party will be responsible for their portion of the cost of relocating the utility facility. If the exact cost for each party cannot be determined, the parties will arrive at a percentage reimbursement on an equitable basis.&lt;br /&gt;
&lt;br /&gt;
===643.2.8.4 Notice of Hearing===&lt;br /&gt;
When relocation or other difficulties with utility facilities on public right of way arise that prevent resolution by negotiation, formal hearings will be required.&lt;br /&gt;
&lt;br /&gt;
The district initiates a request for a utility relocation hearing with a letter to the Chief Counsel’s Office (CCO) (a copy is provided to the Design Division) requesting a hearing date. CCO will arrange for a hearing room, court reporter, etc. and advise the district of the hearing date.&lt;br /&gt;
&lt;br /&gt;
The district will prepare the notice of hearing by strictly following the given format and serve the notice on all persons and utility owners listed. The property and utility owner must be served only by personal service or by mailing a certified letter, return receipt requested, no later than 15 days before the date of hearing. This will require the district to make every effort to identify the correct property owner before preparing the notice of hearing. To avoid delays, every attempt will be made to issue the hearing notice at least 30 days prior to the hearing date in case any property has changed ownership and any additional property owners must be served. A notice of hearing on service line connections will also be served on the private or public owner of the main or distribution line to which the service lines are connected. A notarized &amp;quot;[https://epg.modot.org/forms/general_files/DE/ReportOnPersonalService.docx Report of Personal Service]&amp;quot; will be completed when notification by certified mail is not used.&lt;br /&gt;
&lt;br /&gt;
One copy of the hearing notice and attachments, &amp;quot;[https://epg.modot.org/forms/general_files/DE/ReportOnPersonalService.docx Report of Personal Service]&amp;quot; and certified mail notices are to be submitted to CCO after notification is complete.&lt;br /&gt;
&lt;br /&gt;
Prior to the hearing, the district&#039;s representative will become familiar with the details of the utility adjustment in order to provide concise testimony to expedite the hearing process. CCO will assign an attorney to work with the district and present the case.&lt;br /&gt;
&lt;br /&gt;
Refer to 7 CSR 10-3.030 020 Utility Relocation Hearings for additional information.&lt;br /&gt;
&lt;br /&gt;
A Waiver of Hearing should be obtained for non-reimbursable adjustments to document the commitment of the utility owner to adjust its utility facilities without adversely impacting the highway construction project. This may be accomplished informally via written communications between the district utilities staff and the utility owner’s representative. A [https://epg.modot.org/forms/general_files/DE/WaiverOfHearingForm.docx formal Waiver of Hearing statement] may be requested by either MoDOT or the utility owner. A [https://epg.modot.org/forms/general_files/DE/WaiverOfHearingLetter.docx sample transmittal letter for the Waiver of Hearing] is available. For reimbursable or partially reimbursable adjustments, the formal agreement serves as the basis of documentation of this commitment.&lt;br /&gt;
&lt;br /&gt;
==643.2.9 Estimates==&lt;br /&gt;
District utilities staff will negotiate with utility owners to determine reimbursable costs of the necessary adjustments to allow highway construction ([[#643.2.8_Cost_Responsibility|EPG 643.2.8 Cost Responsibility]]). These estimates are prepared in accordance with the provisions of 23 CFR 645 and any amendment thereto. These estimates must reflect the same procedures and costs used by the utility owners in their normal operations and must also accurately represent the expected costs of the work. The utility owner’s estimate will be reviewed by the district utilities staff to ensure compliance with 23 CFR 645.&lt;br /&gt;
&lt;br /&gt;
===643.2.9.1 Independent Cost Estimate===&lt;br /&gt;
The independent cost estimate provides the basis for district utilities staff to review the utility owner’s estimate of costs of the necessary utility adjustments to allow highway construction and any subsequent negotiations with the utility owner. The district utilities staff should prepare an independent cost estimate. The independent cost estimate may be based on unit prices of anticipated items of work in a utility adjustment necessary to allow highway construction. The independent cost estimate alternately may be based on recent similar types of utility adjustments necessary to allow highway construction and scaled for size. Consultants can be used to develop the independent cost estimate. All documentation of the independent cost estimate should be placed in MoProjects.&lt;br /&gt;
&lt;br /&gt;
===643.2.9.2 Type of Project Cost Estimates===&lt;br /&gt;
Either Actual Cost or Lump Sum estimates may be used for estimating the costs on the necessary utility adjustments to allow highway construction. If an Actual Cost estimate is used, detailed records of materials, labor, and equipment are made by district utilities and/or construction staff during construction, and a final audit of the utility owner’s cost records is made to determine the Commission’s actual responsibility for costs of the adjustment completed to allow highway construction. If a [https://epg.modot.org/forms/general_files/DE/LumpSumCostEstimate_Example.docx Lump Sum estimate] is used, a final audit of costs for an adjustment in payment is not required. The Actual Cost method requires more detailed record keeping and documentation by the utility owner and district staff during construction. The Lump Sum method requires more upfront detail and work by the utility owner and judgment on the district utilities staff on the acceptability of the cost. The district utilities staff will work with the utility owner’s representative to determine the best type of estimate and therefore agreement to use.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.2.1 Actual Cost Estimate====&lt;br /&gt;
The cost estimate that supports the actual cost agreement is prepared in sufficient detail to determine the reasonable expected cost of the work to support development of an agreement between the utility owner and the Commission. However, reimbursement is based on the actual costs of design and construction of the necessary adjustment to allow highway construction. The [https://epg.modot.org/forms/general_files/DE/ActualCostCostEstimate_Example.docx actual cost estimate] should detail all costs of the necessary adjustment to allow highway construction, even if the Commission is only responsible for a portion of the costs as detailed in EPG [[#643.2.8.3_Shared_Responsibility|643.2.8.3 Shared Responsibility]].&lt;br /&gt;
&lt;br /&gt;
[https://epg.modot.org/forms/general_files/DE/ActualCostCostEstimate_Example.docx Actual cost estimates] can be used for any dollar amount of reimbursement.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.2.2 Lump Sum Estimates====&lt;br /&gt;
The cost estimate that supports the lump sum agreement must be accurate, comprehensive, verifiable, and in sufficient detail to present a clear picture of the work involved and the cost of the individual items. The estimate may cover only that portion of the adjustment for which the Commission is responsible for the costs of the necessary utility adjustments to allow highway construction.&lt;br /&gt;
[[https://epg.modot.org/forms/general_files/DE/LumpSumCostEstimate_Example.docx Lump sum estimates] are limited to a maximum of $200,000 of Commission responsibility of costs of the necessary utility adjustments to allow highway construction; however, exceptions may be made for special situations that have prior approval from Design Division. These exceptions usually cover major relocations for which the Commission&#039;s proportionate responsibility is extremely small.&lt;br /&gt;
&lt;br /&gt;
===643.2.9.3 Utility Cost Estimate Requirements===&lt;br /&gt;
Whether using an Actual Cost or Lump Sum estimate, the following should be included in the estimate, if applicable. If any of the following sections are not included in the estimate, a qualifying statement as to why the costs were not included should be provided.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.1 Scope of Work====&lt;br /&gt;
All estimates require a concise summary of the work to be performed on the estimate. An example is &amp;quot;an estimate of cost covering the work of relocating Company&#039;s 12-inch Cushing-Woodriver pipeline to accommodate construction of Route 47 in Franklin County on Job No. J6P0172&amp;quot;.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.2 Engineering Costs====&lt;br /&gt;
Costs of engineering, whether preliminary or construction, must be shown as separate items and are not to be included with &amp;quot;labor costs&amp;quot;. Concurrent cost accounting procedures of FHWA and MoDOT make this a necessity. See [[#643.2.6_Preliminary_Engineering_Requirements|EPG 643.2.6 Preliminary Engineering]] and [[#643.2.16.2_Construction_Contract_Requirements|EPG 643.2.16.2 Construction Contract Requirements]] for further information.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.3 Right of Way Costs====&lt;br /&gt;
A detailed estimate of the cost to acquire replacement easements by the utility owner is required. The cost should be supported by a right of way plan.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.4 Material Costs====&lt;br /&gt;
Quantities, description of the item, the unit cost, and the extended totals are shown. Percentage computations will be shown immediately following &amp;quot;total cost&amp;quot; so the utility owner’s and Commission&#039;s cost obligations are properly indicated. Unit assembly costs similar to those used by several of the rural electric association (R.E.A.) cooperatives are acceptable, provided the same units and charges are used in the utility owner’s regular operations. A handling charge conforming with the utility owner’s regular procedures may also be included.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.5 Labor Costs====&lt;br /&gt;
Hours, individual or crew rates, and extended totals are shown. Payroll additives such as insurance, retirement, social security, vacation, and other benefits are shown as a separate item under this heading in accordance with utility owner’s regular procedures. Adequate explanation must be given for total percentage used, especially in those cases where materials and labor are combined as unit costs or where labor percentages include additives and equipment requirements.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.6 Equipment Costs====&lt;br /&gt;
A description of the equipment to be used must be shown jointly with the number of hours to be charged. Rates charged for equipment usage must be justified by the utility owner’s established accounting procedures. When the utility owner does not have an established accounting procedure or a capitalization and depreciation schedule that is used in its own operations, the rates are to be established by using rental rate publications as a guide. A reasonable amount will be deducted, when using rental rate schedules, for profit that the rental company realizes. A full explanation of the methods used in establishing the rates must also be submitted to support the utility owner’s request and with approval of the district utilities staff.&lt;br /&gt;
&lt;br /&gt;
Equipment may be rented when the utility owner’s equipment is not available or is inadequate, with the rental rate justified by appropriate solicitation of bids. See [[#643.2.16.2_Construction_Contract_Requirements|EPG 643.16.2 Construction Contract Requirements]] for further information.&lt;br /&gt;
&lt;br /&gt;
Unusual accounting procedures may be accepted with adequate prior explanations and approval of the Design Division.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.7 Removal Costs====&lt;br /&gt;
These costs are estimated and shown in a similar method but separately from installation costs. When removal costs exceed salvage credits by more than the estimated cost of removal by the roadway contractor, an effort should be made to persuade the utility owner to abandon the utility facilities in place. An exception is made when the utility owner is required to remove abandoned utility facilities because of liability, hazard, or by specific agreement with the Commission. Abandoned utility facilities can be included with the miscellaneous removals in the roadway contract. It may be possible for the utility owner to remove those portions of the utility facility for which credits will exceed removal costs, with the remainder of the utility facility to be abandoned for removal in the roadway contract. Materials removed must be itemized, with the utility owner’s customary salvage credit given. Items to be scrapped or junked should be indicated. Whenever a utility facility or portion thereof is shown to be abandoned on the plan of adjustment, the roadway plans should be notated accordingly. This eliminates ownership problems if these utility facilities are removed or salvaged by the roadway contractor.&lt;br /&gt;
&lt;br /&gt;
When the utility facility is no longer needed and removal is necessary to accommodate the roadway project, the removal of the item may be handled either as a right-of way-item or a utility adjustment. When handled as a right of way item, the damages allowed are to equal the depreciated value of the utility facility, with the necessary removals being accomplished by the roadway contractor. If accomplished as a utility adjustment, the Commission, by utility agreement, will reimburse the utility owner for removal costs and receive salvage credit for the material removed, up to but not exceeding removal costs.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.8 Salvage of Removed Materials====&lt;br /&gt;
This statement, to explain the salvage credit or lack of credit, will reflect routine utility owner policy as well as the particular situation. The utility owner will place a value on any recovered material for salvage. District utilities staff should check this value for reasonableness. Examples of salvage statements include:&lt;br /&gt;
* Existing utility facilities to be abandoned in place, since the cost of salvaging, based on our past experience, will exceed their value.&lt;br /&gt;
* Only those items will be salvaged for which salvage credit will exceed the cost of removal and salvage.&lt;br /&gt;
* Company liability requires removal of the retired utility facilities, even though the cost of removal will exceed allowable credit for salvage.&lt;br /&gt;
* Salvage credits are in accordance with established company accounting procedures.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.9 Accrued Depreciation Credits====&lt;br /&gt;
Credit is required for the accrued depreciation of a utility facility that is being replaced. Examples are a building, structure, pumping station, filtration plant, power plant, substation, or other similar operational unit. Credit for accrued depreciation will not be required for a segment of the utility&#039;s service, distribution, or transmission lines. It is also not required when the building or structure is being moved as necessitated by the highway project. Acceptable accrued depreciation credit will be determined by using the following formula:&lt;br /&gt;
&amp;lt;math&amp;gt;\frac{\text{Actual Length of Service of Replaced Facility (Years)}}{\text{Total Estimated Service Life of Replaced Facility (Years)}} x&amp;lt;/math&amp;gt;&amp;lt;span style=&amp;quot;font-family: &#039;Times New Roman&#039;, Times, serif; font-size: 130%;&amp;quot;&amp;gt; Original Cost ($) = Credit ($)&amp;lt;/span&amp;gt;&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.10 Betterment Credits====&lt;br /&gt;
Betterment means the upgrading of the utility facility being relocated, made solely for the benefit of and at the election of the utility owner and is not attributable to the roadway improvement. Credit to the Commission is required for the additional costs incurred for the betterments introduced in the adjusted utility facility. No betterment credit is required for additions or improvements which are:&lt;br /&gt;
* Required by the highway project&lt;br /&gt;
* Replacement devices or materials that are of equivalent standards although not identical&lt;br /&gt;
* Replacement of devices or materials no longer regularly manufactured with next highest grade or size&lt;br /&gt;
* Required by law under governmental and appropriate regulatory commission code&lt;br /&gt;
* Required by current design practices regularly followed by the utility owner in its own work, and there is a direct benefit to the highway project&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.11 Overhead Costs====&lt;br /&gt;
Overhead costs are usually a percentage of the total labor cost. This item must be in accordance with the utility owner’s established accounting procedures, which in some cases may include handling costs or be a percentage of the total cost of the work involved. Additional attention to overhead costs is required when the rate is different from previously accepted rates. Occasionally, it can be difficult to obtain the necessary information at the time of the estimate to approve the overhead rates. In this situation, the estimate can be approved with exception of the overhead rates for payment. The utility owner is informed of this matter with the understanding that the overhead rates could be approved and paid with submission of appropriate supporting data and Financial Services audit review.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.12 Prorating Costs====&lt;br /&gt;
The need for prorating utility adjustment costs occurs when both the Commission and the utility owner are responsible for a portion of the utility adjustment necessary to allow for highway construction, and the actual costs for reimbursement in each category cannot be explicitly determined. Generally, the following conditions require division of costs:&lt;br /&gt;
* The adjustment is considered partially reimbursable per [[#643.2.8.3_Shared_Responsibility|EPG 643.2.8.3 Shared Responsibility]]&lt;br /&gt;
* Betterments are included in the necessary adjustment of the utility facility&lt;br /&gt;
&lt;br /&gt;
The district utilities staff should negotiate with the utility owner’s representative to determine an equitable basis for the prorating of costs based on the characteristics of the utility adjustment necessary to allow for highway construction.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.13 Costs Records====&lt;br /&gt;
The estimate should include a statement as to where the utility owner’s cost records may be reviewed. An example: &amp;quot;Company cost records will be available in our office at 2134 Industrial Avenue, Tulsa, Oklahoma&amp;quot;.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.14 Other====&lt;br /&gt;
Additional statements will explain or further clarify the work that is included. Such other items may include bypasses, special equipment, need for larger utility facilities, etc.&lt;br /&gt;
&lt;br /&gt;
==643.2.10 Schedule==&lt;br /&gt;
Timely adjustments of utility facilities are essential for efficient completion of highway construction projects. Ideally, all utility adjustments are completed prior to a project’s Plans, Specifications, and Estimate (PS&amp;amp;E) submittal to Central Office. Depending on the specifics of the highway construction and utility adjustment necessary, early completion of the utility adjustment may not be practical. The district utilities staff should negotiate with the utility owner to determine the schedule parameters necessary for the utility adjustment. At a minimum, the utility owner should document the dates it anticipates starting and completing the work. If a utility adjustment depends upon the completion of a portion of the highway construction, the necessary milestone for starting the utility adjustment should be documented along with an anticipated number of working days to complete the utility adjustment. The schedule is included as Exhibit “C” to the agreement.&lt;br /&gt;
&lt;br /&gt;
==643.2.11 Pre-Audits==&lt;br /&gt;
The district utility staff performs a pre-audit review and approval prior to preparation of the agreement. A [https://epg.modot.org/forms/general_files/DE/PreAuditChecklist.docx pre-audit checklist] should be completed and saved in MoProjects.&lt;br /&gt;
&lt;br /&gt;
==643.2.12 Utility Agreements==&lt;br /&gt;
Whenever the Commission is responsible for the cost of the necessary adjustments to allow highway construction, an agreement is required. If a Master Reimbursable Utility Agreement (see [[#643.2.12.2_Master_Reimbursable_Utility_Agreements|EPG 643.2.12.2]]) has not been executed with the utility owner, a Project Specific Agreement (see [[#643.2.12.3_Project_Specific_Agreements|EPG 643.2.12.3]]) is executed between the utility owner and the Commission. In some cases, it may be more practical for the Commission to include adjustment of utilities into a Commission administered contract. A Utility Agreement - Actual Cost (For Utility Work That is to be Included in the Missouri Highways and Transportation Commission&#039;s Road Project) (see [[#643.2.12.4_Agreement_for_Utility_Work_Included_in_Roadway_Improvement_Project|EPG 643.2.12.4]]). Agreements include a plan of adjustment (Exhibit “A”), cost estimate (Exhibit “B”), and schedule (Exhibit “C”).&lt;br /&gt;
&lt;br /&gt;
The Utility Agreement boilerplate forms have been approved by the Chief Counsel’s Office (CCO). They are identified in the upper left-hand corner of each agreement by an identifier such as CCO Form: UT01 for the Master Reimbursable Utility Agreement. CCO updates these agreements as necessary. They serve as a guide in the preparation of the agreement to be executed with the utility owner for the adjustments required to their utility facilities to accommodate the proposed roadway improvement project. District utilities staff should use the latest version of the agreement found in [https://netprod3.dot.missouri/eAgreements/Search/QuickSearch eAgreements] in drafting an agreement with utility owners. A list of utility agreements and detailed information concerning the sequence for preparing and executing an agreement is available in EPG [[:Category:153_Agreements_and_Contracts|153 Agreements and Contracts]].&lt;br /&gt;
&lt;br /&gt;
These forms are to be used word for word. Revisions or additions are only made to address specific project details. The intent of each paragraph must be retained, although specific words may be revised to fit the particular situation. No paragraphs are deleted without prior approval from CCO. For guidance on acceptance of liability, refer to the [[:Category:153_Agreements_and_Contracts#153.1.1.2_Acceptance_of_Liability_Policy_(MoDOT_Access_Only)|Acceptance of Liability Policy]] at the CCO SharePoint page. Drafts of agreements having major revisions or complications are to be submitted, with supporting data, to Design Division for comment and approval.&lt;br /&gt;
&lt;br /&gt;
A reference to 23 CFR 645 is included in all agreements. Utility owners must be acquainted with these requirements and procedures. The incorporation of 23 CFR 645 by reference in all agreements eliminates the need for a second set of regulations to be included in the document.&lt;br /&gt;
&lt;br /&gt;
The agreement for the adjustment of a utility is prepared by the district utilities staff and submitted to the utility owner for execution. The agreement is based on the plan, estimate of cost which was prepared in accordance with 23 CFR 645, and schedule. Authorized individuals representing the utility owner will execute the agreement. The agreement must be signed, sealed, and if necessary, notarized by the utility owner. If the utility owner does not have or use a corporate seal, write &amp;quot;NO SEAL&amp;quot; under the signatures of the owner’s officers. Agreements with political subdivisions are to be supported by an appropriate ordinance, a copy of which is to be submitted with the executed agreements. All copies will be forwarded to the CCO for further handling. A fully executed copy of the agreement will be retained in eAgreements. If the agreement was executed using electronic signatures, the district utilities staff should forward an electronic copy of the fully executed agreement to the utility owner. If the agreement was executed using wet signatures, one (1) paper copy of the fully executed agreement will be returned by the Commission Secretary’s Office to the district utilities staff. The district utilities staff will forward this copy to the utility owner.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.1 Buy America Build America Requirements===&lt;br /&gt;
All agreements contain information on Buy America Build America (BABA) compliance. The utility owner should select the method of certification (See [[#643.2.19_Buy_America_Build_America_for_Utilities|EPG 643.2.19]]) at the time of agreement completion. The appropriate paragraph will be inserted into the agreement. All BABA compliance documents must be retained by the utility owner and made available upon request at no cost to the Commission and/or FHWA.&lt;br /&gt;
&lt;br /&gt;
====643.2.12.1.1 Utility Owner Self-Certification====&lt;br /&gt;
The City/Company certifies that when determining products/materials subject to Buy America Build America requirements to use in the performance of this Agreement, it shall use only such products/materials for which it has received a certification from its supplier, or provider of construction services that procures the product/material, certifying compliance with Buy America Build America requirements. This does not include products/materials for which waivers have been granted pursuant to 23 CFR 635.410. The City/Company will not be required to provide the Commission copies of the supplier certification as part of this Agreement or with the final invoice of said Commission’s Federal-Aid Highway Construction Project.&lt;br /&gt;
&lt;br /&gt;
====643.2.12.1.2 Vendor/Manufacturer Certification====&lt;br /&gt;
The City/Company certifies that when determining products/materials subject to Buy America Build America requirements to use in the performance of this Agreement, it shall use only such products/materials for which it has received a certification from its supplier, or provider of construction services that procures the product/material, certifying compliance with Buy America Build America requirements. This does not include products/materials for which waivers have been granted pursuant to 23 CFR 635.410. The City/Company shall provide to the Commission all Buy America compliance documents as outlined in the Commission’s Engineering Policy Guide 643. All required compliance documents shall accompany the final invoice submitted to the Commission.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.2 Master Reimbursable Utility Agreements===&lt;br /&gt;
The UT01: Master Reimbursable Utility Agreement (MRUA) is a statewide agreement that has been executed by the utility owner and the Commission for all future reimbursable utility adjustments between both parties. Once a MRUA is executed, no other utility agreements are required on design-bid-build projects. The district utilities staff should encourage utility owners to enter into a MRUA with the Commission to reduce potential future delays in executing a project specific agreement. A list of previously executed [https://modotgov.sharepoint.com/sites/DE/Utilities/Agreements/MRUA%20-%20Existing?csf=1&amp;amp;web=1&amp;amp;e=4LJHoa Master Reimbursable Utility Agreements (Modot Access Only)] is available. District utilities staff should add newly executed agreements to this list. The MRUA can be employed as either an actual cost ([[#643.2.12.3.1_Actual_Cost_Agreements|EPG 643.2.12.3.1]]) or lump sum ([[#643.2.12.3.2_Lump_Sum_Agreements|EPG 643.2.12.3.2]]) agreement. When the reimbursable adjustment will utilize a MRUA, the district utilities staff will prepare a MRUA correspondence letter (“letter agreement”) referencing the executed MRUA. A copy of the MRUA correspondence letter should be saved in MoProjects for reference by Financial Services, the district construction office, and the district staff responsible for inspection of utility adjustments. All project specific items such as type of agreement (actual cost or lump sum), plan of adjustment, estimated total cost, cost allocation, and schedule are addressed in the MRUA correspondence letter from the district utilities staff to the utility owner. A flowchart of the MRUA process is available.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.3 Project Specific Agreements===&lt;br /&gt;
If a utility owner does not have a MRUA with the Commission, a project specific agreement will be required for every project for which the Commission is responsible for the necessary adjustments to allow highway construction. The project specific agreement will be either an actual cost ([[#643.2.12.3.1_Actual_Cost_Agreements|EPG 643.2.12.3.1]]) or lump sum ([[#643.2.12.3.2_Lump_Sum_Agreements|EPG 643.2.12.3.2]]) agreement.&lt;br /&gt;
&lt;br /&gt;
====643.2.12.3.1 Actual Cost Agreements====&lt;br /&gt;
The UT03: Utility Agreement – Actual Cost is used when detailed estimates are not practical or costs appear to be questionable. Details on actual cost estimates can be found at [[#643.2.12.3.1_Actual_Cost_Agreements|EPG 643.2.9.2.1 Actual Cost Estimates]]. Once the final invoice on a UT03 is submitted to Financial Services, district utilities staff should change the status on the agreement in eAgreements to completed.&lt;br /&gt;
&lt;br /&gt;
====643.2.12.3.2 Lump Sum Agreements====&lt;br /&gt;
The UT02: Utility Agreement – Lump Sum eliminates the need for keeping detailed records of cost and the auditing of cost records. Estimates of cost must be prepared in detail for use of this agreement. When detailed estimates are not practical or costs appear unreasonable, actual cost agreements are to be used. Use of special forms of agreements, such as &amp;quot;subordination agreements&amp;quot;, which are desired by certain utility owners, is acceptable. These, too, must be revised to cover the particular situation. Details on lump sum estimates can be found at [[#643.2.9.2.2_Lump_Sum_Estimates|EPG 643.2.9.2.2 Lump Sum Estimates]]. Once the final invoice on a UT02 is submitted to Financial Services, district utilities staff should change the status on the agreement in eAgreements to “completed”.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.4 Agreement for Utility Work Included in Roadway Improvement Project===&lt;br /&gt;
The UT04: Utility Agreement - Actual Cost (For Utility Work That is to be Included in the Missouri Highways and Transportation Commission&#039;s Road Project) allows for the adjustment to be based on actual cost with the roadway contractor performing the utility work. Caution should be exercised in the type of utilities to be relocated in roadway contracts. Utilities recommended are waterlines and sewer lines. Other utilities, such as gas lines, communication lines, and power lines are to be studied thoroughly before being included in the project.&lt;br /&gt;
&lt;br /&gt;
The Transportation Project Manager and district utilities staff must plan ahead to get this work in the roadway contract. The utility owner must agree to include the utility adjustment in the roadway contract. The adjustment may be on highway right of way or on private easement in the name of the utility owner. The utility owner can agree to allow MoDOT’s contractor to work in its easement. However, district utilities staff in consultation with district right of way staff should review the easement documentation to verify the utility owner’s rights to the easement and any limitations on its use. MoDOT’s contractor can work and operate on both Commission right of way and on the utility easement, even when not directly connected to the Commission right of way, as part of the job site. Temporary construction easements may be necessary in addition to the utility easement to ensure adequate working room for the contractor.&lt;br /&gt;
&lt;br /&gt;
:The utility owner may request exemption to any liability for negligence of our contractor working on their easement. The Commission can assume that liability (refer to [[:Category:153_Agreements_and_Contracts#153.1.1.2_Acceptance_of_Liability_Policy_(MoDOT_Access_Only)|Acceptance of Liability Policy]]), but it should be included in the utility agreement if so desired by the utility owner. A Job Special Provision is necessary to require the MoDOT contractor to hold the utility harmless from all claims due to contractor negligence.&lt;br /&gt;
&lt;br /&gt;
Subsurface information, i.e. boring data, etc., should be obtained by the utility owner since it may be needed for the design of the utility adjustment. This information should be included in the plans. If the utility owner must bear all or part of the cost of the adjustment, the utility owner must agree to pay a pre-deposit to the Commission prior to opening bids on the project. This should be in the utility agreement. The pre-deposit will be credited to the &amp;quot;Missouri Highway and Transportation Commission - Local Fund.&amp;quot; Any interest earned in the fund will apply to the cost of the adjustments. The utility agreement will include language that the utility will inspect the installation and assume maintenance of the utility facility after construction. MoDOT will also provide engineering supervision to be sure the road contractor is in compliance with the contract. Utility plans and specifications are to be approved by the owner prior to submittal to the Central Office. The following items will provide minimum information to allow MoDOT’s contractor to bid the work.&lt;br /&gt;
# Individual bid items (not &amp;quot;lump sum&amp;quot;) should be established to promote better bidding and to handle overruns and underruns. Bid items not included on the Computer Stored Bid Item list should be &amp;quot;99&amp;quot; numbers.&lt;br /&gt;
# he bid package must be in our letting format. If the package was prepared by a consultant as if the utility owner were going to let it, all bid bond or bidding procedures must be screened to remove requirements contrary to MoDOT letting requirements. District utilities staff should work with the Transportation Project Manager, Design Liaison Engineer, and Central Office Bidding and Contract Services to ensure this requirement is met.&lt;br /&gt;
# The specifications required by the utility owner should be reviewed for items that could cause a bid problem for our contractor. Items such as non-readily available materials or sizes should be avoided.&lt;br /&gt;
# Utility plan sheets should be .pdf files equivalent to 22 in. x 34 in. It is helpful to have a quantity sheet specifically for utility items.&lt;br /&gt;
# Any special procedures required for the utility installation should be included in the Job Special Provisions.&lt;br /&gt;
# The utility package should be submitted on-time to Central Office with other project plans.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.5 Agreement for a Utility Only Project===&lt;br /&gt;
Any of the above agreements can be modified for a utility only project separate from the roadway project. The utility only project may be done by forces hired by the utility owner or by the Commission. A separate utility only project has distinct advantages when the following occurs:&lt;br /&gt;
* The utility work is extensive&lt;br /&gt;
* It must be performed in accordance with the utility owner’s seasonal requirements&lt;br /&gt;
* It extends beyond the limits of the construction project&lt;br /&gt;
* It must be performed considerably in advance of the roadway contract&lt;br /&gt;
&lt;br /&gt;
Necessary environmental and design work is still required for the limits of the separate utility only project. It may be necessary in these cases to have a second agreement with the utility owner to cover any other work that must be performed concurrently with the roadway contract. These latter agreements will use the roadway construction job number. Early need for utility projects is to be determined at the time when the STIP is updated each year. The utility construction funds will be shown in the year right of way funds are assigned. This will be done whenever possible to secure early adjustment of utility facilities. A request by the district is sent to the Planning Division. Estimated dollar amounts for utility adjustments are needed. These are estimates and do not need to be extremely accurate. When a special utility project is established, it is preferred, if at all possible, to include all the utility adjustments necessary for the entire roadway project. If funds are available, additional agreements can be added to this utility project until the final invoice for the first completed agreement is received for payment.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.6 Supplemental Agreements===&lt;br /&gt;
For utility owners with a UT01 agreement, a supplemental letter agreement documenting the change in the scope or cost of the work is acceptable.&lt;br /&gt;
&lt;br /&gt;
The UT05: First Supplemental Agreement is used to document changes to UT02 and UT03 agreements. If changes to the scope of work occur that are anticipated to exceed $100,000 or 15% of the original agreement, a UT05 is required. If the final invoice on an actual cost adjustment without changes in the scope of work exceeds the limits shown in the table below, a UT05 is required.&lt;br /&gt;
&lt;br /&gt;
{| class=&amp;quot;wikitable&amp;quot; style=&amp;quot;margin-left: 25px; text-align:center&amp;quot;&lt;br /&gt;
! Amount in Original Actual Agreement !! Final Bill Total Exceeds Original Amount by:&lt;br /&gt;
|-&lt;br /&gt;
| 0-$25,000 || 50%&lt;br /&gt;
|-&lt;br /&gt;
| $25,000-$100,000 || 40%&lt;br /&gt;
|-	&lt;br /&gt;
| Exceeds $100,000 || 30%&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
Should multiple UT05s be required with the same utility owner, the UT05 should be modified for additional supplemental agreements. Once the final invoice on an UT05 is submitted to Financial Services, district utilities staff should change the status on the agreement in eAgreements to “completed”.&lt;br /&gt;
&lt;br /&gt;
==643.2.13 Utility Adjustments in Roadway Plans and Job Special Provisions (JSPs)==&lt;br /&gt;
It is the responsibility of the MoDOT Transportation Project Manager (TPM) to ensure utility plans of adjustment are shown on the project plans at the Plan, Specification, and Estimate (PS&amp;amp;E) stage based upon information coordinated by the district utilities staff with the appropriate utility owner.&lt;br /&gt;
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===643.2.13.1 Plans===&lt;br /&gt;
A legend showing all applicable utility symbols and the names of the utility owners is shown on the first special utility sheet. In the absence of special utility sheets, this information may be shown on the title sheet or the first plan and profile sheet. The following note is required to be placed on the title sheet or the first plan and profile sheet and the first special utility sheet (if used) to inform contractors of the suitability of the utility information contained on the plans.&lt;br /&gt;
&lt;br /&gt;
&amp;quot;The existence and approximate location of utility facilities known to exist, as shown on the plans, are based on the best information available to the Commission at this time. This information is provided by the Commission &amp;quot;as-is&amp;quot; and the Commission expressly disclaims any representation or warranty as to the completeness, accuracy, or suitability of the information for any use. Reliance upon this information is done at the risk and peril of the user, and the Commission shall not be liable for any damages that may arise from any error in the information&amp;quot;.&lt;br /&gt;
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===643.2.13.2 Job Special Provisions===&lt;br /&gt;
Since the addition of utility information on the plans, supplied by a third party, could subject the Missouri Highway and Transportation Commission to additional liability, a Utility JSP reflecting the status of utility adjustments will be required. The JSP will include the name, address, e-mail address, and telephone number of all utility owner representatives for all utility facilities located on the project. The anticipated adjustment completion date for each utility adjustment is also to be shown based on the agreed upon dates, durations, or completion dates with the utility owner’s representative. This information will inform the bidder of the status of utilities for proper work coordination that could affect the bids for the proposed highway construction project. Status notations will include general notations such as: “N/A”, “Work is in progress”, “Work has not started”, “Work is complete”, and “Work is included in contract.”&lt;br /&gt;
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===643.2.13.3 PS&amp;amp;E Submittal===&lt;br /&gt;
In the District Final Plans Submittal Checklist (D-12), the TPM should note any issues related to existing utility facilities or the adjustment of utility facilities either shown or not shown on the plans. Projects with “No Utility Impacts” such as some overlays, striping, bridge washing, etc. do not need a Utility Status Letter or Utility JSP. The D-12 is used for these projects. In the D-12, under Project Details – “Utilities”, the note “NO” is selected and under “Status”, select “Clear”. For all other projects, the district utilities staff will write a Utility Status Letter. The TPM will include the Utility Status Letter with the submittal of the final plans to the Design Division. The Utility Status will be defined as:&lt;br /&gt;
# Utility facilities are present, but no conflict is anticipated with the highway construction project. Or,&lt;br /&gt;
# All utility facilities requiring adjustment to allow highway construction have been physically adjusted on the project. Or,&lt;br /&gt;
# Utility construction work is planned or active and will be completed to such a point that no impact will be expected to the highway construction project. The status of this work is defined in the utility JSP. Or,&lt;br /&gt;
# Utility facilities are not expected to be adjusted by the notice to proceed date for the road project, but the utility work will have no impact on the progress of the highway construction project. The status of this work is defined in the utility JSP. Or,&lt;br /&gt;
# Utility facilities must be adjusted after the road contractor completes stage construction or in coordination with the contractors’ work. Details of the coordination effort required of the contractor are defined in the utility JSP to properly advise bidders. Or,&lt;br /&gt;
&lt;br /&gt;
# Utility adjustment plans and specifications are included in the bid documents for the highway construction project. A UT04 agreement must be executed.&lt;br /&gt;
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==643.2.14 Payment to Utility Companies for Reimbursable Work==&lt;br /&gt;
Authorization and federal funding obligation must be approved prior to incurring costs. This applies to all types of work on utility facilities including preliminary engineering. An obligation is a commitment by the federal government to reimburse MoDOT for the federal share of a project’s eligible cost.&lt;br /&gt;
&lt;br /&gt;
===643.2.14.1 Obligation Process===&lt;br /&gt;
Federal funding can be used with both lump sum and actual cost agreements. After the utility agreement is fully executed, the district utilities staff will email a copy of the utility agreement or the letter agreement referencing the MRUA to the email group OBLIGATE. This email should request the authorization authority for use of federal funds and to be informed of a Notice to Proceed (NTP) (see [[#643.2.15_Notice_to_Proceed|EPG 643.2.15]]) date by Financial Services once federal funding has been obligated. District utilities staff should allow three (3) weeks to receive the NTP. Financial Services will use Advance Construction (AC) funding to fund reimbursement to utility owners. With AC funding, state funds initially are used to pay for reimbursement to utility owners. Once construction is complete, with appropriate documentation of the work via the [https://epg.modot.org/forms/general_files/DE/C-9.docx C-9] and [https://epg.modot.org/forms/general_files/DE/C-13.docx C-13], Financial Services will convert to federal funding.&lt;br /&gt;
&lt;br /&gt;
===643.2.14.2 Preliminary Engineering===&lt;br /&gt;
On occasion, preliminary engineering (PE) may need to be undertaken by the utility owner prior to the execution of a utility agreement. If a utility owner has a MRUA, an estimate of the cost of the PE work by the utility owner may be used to obligate funding for preliminary engineering under the MRUA as a PE only letter agreement. If a lump sum or actual cost agreement will be required with the utility owner for the project, district utilities staff should do two (2) agreements with one agreement covering PE only, and once a design for the adjustment is obtained, a second agreement for the construction of the adjustment should be executed. If a separate PE only agreement is obtained, NTP will need to be issued twice to the utility owner: once for PE and once for construction.&lt;br /&gt;
&lt;br /&gt;
===643.2.14.3 Right of Way===&lt;br /&gt;
Once Notice to Proceed has been given, the utility owner may begin the right of way acquisition process. If the utility owner needs to acquire right of way prior to a full agreement for relocation has been negotiated, the agreement specifically for the acquisition of right of way should be executed. This agreement will be sent to Financial Services to begin the obligation process.&lt;br /&gt;
&lt;br /&gt;
===643.2.14.4 Construction===&lt;br /&gt;
Payment to utility owners for construction of the adjustment may occur in a number of phases.&lt;br /&gt;
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====643.2.14.4.1 Prepayment====&lt;br /&gt;
Per the utility agreement, the Commission allows utility owners to be prepaid prior to commencing work. The district utilities staff may negotiate the prepayment if the utility owner is receptive. The utility owner will submit a request for prepayment with an invoice prior to any prepayment. Route, county, and job number must be included in the request. The district utilities staff will submit a request to Financial Services with a copy saved in MoProjects for future reference by the district staff responsible for inspection of the utility adjustment.&lt;br /&gt;
&lt;br /&gt;
====643.2.14.4.2 Progress Payments====&lt;br /&gt;
If a utility owner has not been prepaid the entire estimated amount in the utility agreement, then the utility owner may request progress payments after completing a portion of the proposed work, including PE.&lt;br /&gt;
&lt;br /&gt;
Progress payments for PE by consultants should not exceed the &amp;quot;maximum not to exceed amount&amp;quot; shown in the cost estimate unless additional costs are approved first by district utilities staff.&lt;br /&gt;
&lt;br /&gt;
For progress payments, the utility owner is required to submit only a summary of work and materials for which payment is claimed, not a detailed billing. District utilities staff should check only to be sure that sufficient work has been done to justify making the requested payment. Payment should be made for allowable costs incurred up to the date of the progress payment request.&lt;br /&gt;
&lt;br /&gt;
Progress payment invoices do not relieve the utility owner of the responsibility of submitting one complete and final invoice upon completion of the adjustment. The utility owner’s address must be shown on the invoice. The district utilities staff should submit progress payment invoices and applicable C-9s to Financial Services within one (1) week of receipt of invoice.&lt;br /&gt;
&lt;br /&gt;
One copy of the progress payment and one copy of the district utilities staff letter of recommendation must be sent to Financial Services for payment and be stored in MoProjects. The cover memo should include the project number, route, county, actual cost or lump sum utility agreement, Commission obligation percentage, total cost estimate of Commission obligation, and indicate the progress payment number, i.e., progress payment number 1, 2, 3, etc. If more than one progress payment is requested by the utility company, the district should submit progress payment bills to Financial Services in the following format:&lt;br /&gt;
{| class=&amp;quot;wikitable&amp;quot; style=&amp;quot;margin-left: 25px; text-align:center&amp;quot;&lt;br /&gt;
! Payment !! Amount&lt;br /&gt;
|-&lt;br /&gt;
| Progress Payment #1 || $50,000&lt;br /&gt;
|-&lt;br /&gt;
| Progress Payment #2 || 10,000&lt;br /&gt;
|-	&lt;br /&gt;
| Total Payment to Date || $60,000&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
This format will help clarify payment history with the utility owner. Progress payments for actual cost utility agreements may not exceed the Commission&#039;s total estimated cost shown in the agreement. However, if the request for a progress payment exceeds the original estimate, a change order with explanation should accompany the request. (See [[#643.2.16.5_Change_Orders|EPG 643.2.16.5 Change Orders]].)&lt;br /&gt;
&lt;br /&gt;
====643.2.14.4.3 Final Payment====&lt;br /&gt;
Utility owners are required to submit a detailed final invoice to MoDOT for all actual cost reimbursable utility work and for any lump sum reimbursable utility work that was not prepaid. For prepaid lump agreements, the utility owner must submit a zero-dollar ($0) invoice to demonstrate the work has been completed. After the utility work has been fully completed, the district utilities staff responsible for inspection should send the utility owner a “60 Day” [https://epg.modot.org/forms/general_files/DE/FinalInvoiceLetter.docx Final Acceptance Letter] requesting a complete final invoice within 60 days, as detailed in the utility agreement. If the final invoice is not received from the utility owner within 30 days, then a follow up letter should be sent (i.e., “30 Day” [https://epg.modot.org/forms/general_files/DE/FinalInvoiceReminderLetter.docx Reminder Final Invoice Letter]) reminding the utility owner of its obligation to submit a final invoice within 60 days of the completed work. If a final invoice from the utility owner is not received within this timeframe, then the district utilities staff should contact the Design Liaison Engineer for guidance on how to close out the work.&lt;br /&gt;
&lt;br /&gt;
The district utilities staff is expected to check the final bill within two (2) weeks after receipt in as much detail as possible against the C-9. It is their responsibility to verify from field records the quantities of labor, equipment, material used, material retired, and to justify all changes made. If the utility owner’s contractor made the adjustment at unit cost prices, then it is the district utility staff’s responsibility to verify the number of units completed and not the hours of labor and equipment. It is also important for the utility owner to show the words “final bill” or “final invoice” on the last bill, in order for MoDOT to understand that no additional charges will be made on the adjustment. The final bill must show a general description of the utility adjustment, the highway project number, the date on which work was completed or last item of billed expense was incurred, and the location where records can be audited. The order of items in the final statement should follow as closely as possible the order of items in the original estimate. A summary, on the utility owner’s letterhead, of the total cost of preliminary engineering, construction engineering, right of way, labor, overhead, construction travel expense, transportation, equipment, materials, supply, handling, and salvage credits should be shown in a way that will permit direct comparison with the approved estimate from the original or supplemental agreements (see [[#643.2.12.6_Supplemental_Agreements|EPG 643.2.12.6]]).&lt;br /&gt;
&lt;br /&gt;
If the Actual Cost final invoice shows a much higher cost than the original estimate without scope change, the utility owner is required to give reasons in a letter to the district utilities staff explaining why the invoice cost increased. When the Actual Cost final invoice exceeds the amount shown in the table in [[#643.2.12.6_Supplemental_Agreements|EPG 643.2.12.6]], a supplemental agreement is required.&lt;br /&gt;
&lt;br /&gt;
When the district utilities staff has determined that the final invoice is accurate, the C-13 should be completed. Once the C-13 is completed, the C-13 and the final invoice from the utility owner are forward to Financial Services. For Actual Cost agreements, the C-9s should also be included in this transmittal. If no additional payments are required, the district utilities staff should note this in the transmittal as well. If the final invoice indicates previous payments to a utility owner exceeded the final invoice, the utility owner will need to send MoDOT a check for the overpayment amount. The check should be made payable to Director of Revenue – Credit State Road Fund. If the utility owner did not send MoDOT an overpayment check with the final invoice, district utilities staff should send a letter to the utility owner requesting the refund amount. Submittal of the final invoice to Financial Services should not occur until repayment has been received. The submittal to Financial Services should note the receipt of the repayment check.&lt;br /&gt;
&lt;br /&gt;
==643.2.15 Notice to Proceed==&lt;br /&gt;
For PE only, once an agreement has been executed, and Financial Services has advised that authorization from FHWA has been received, district utilities staff will issue a notice to proceed (NTP) letter to the utility owner for the PE. For agreements that include PE and construction or once a final agreement for construction has been executed, right of way clearance has been issued, and Financial Services has advised that authorization from FHWA has been received, the district utilities staff will issue NTP to the utility owner for construction. See [https://epg.modot.org/forms/general_files/DE/NoticeToProceedExampleLetter.docx Example of Notice to Proceed Letter]. If salvage credit is part of the agreement with the utility owner, the NTP letter should include a statement that the utility owner will need to inform district utilities staff of the time and place that inspection may be made of the removed material. The utility owner may be held accountable for full value of materials disposed without proper notice. Utility owners may purchase materials prior to NTP for construction; however, no other work on the adjustment necessary to allow highway construction may begin prior to NTP for construction. The utility owner, for reasons of planning their workload or due to seasonal situations, may request early authorization to perform the work. This request, with the district utilities staff recommendations, is sent to the Design Liaison Engineer for further handling, approval, and advancement of the necessary funds. A copy of the NTP should be saved in MoProjects. If a utility owner begins adjustments prior to NTP for construction, district utilities staff should notify the utility owner immediately in writing that reimbursement will not be made for work done prior to NTP for construction.&lt;br /&gt;
&lt;br /&gt;
==643.2.16 Construction of Utility Adjustments==&lt;br /&gt;
===643.2.16.1 Utility Owner Self-Perform===&lt;br /&gt;
As per 23 CFR 645.115 Construction, it may be cost-effective for certain utility adjustments to be performed by a utility owner with its own internal forces and equipment, provided the utility owner is qualified to perform the work in a satisfactory manner. This cost-effectiveness finding covers minor work on the utility owner’s existing utility facilities routinely performed by the utility owner with its own forces.&lt;br /&gt;
&lt;br /&gt;
===643.2.16.2 Construction Contract Requirements===&lt;br /&gt;
When the utility owner is not adequately staffed and equipped to perform such work with its own forces and equipment at a time convenient to coordination with the associated highway construction, such work may be done one of four ways for utility adjustments:&lt;br /&gt;
# MoDOT can provide the construction services, via awarded contract to the lowest qualified bidder based on appropriate solicitation. This can be done by including the adjustment work in the roadway improvement project ([[#643.2.14_Payment_to_Utility_Companies_for_Reimbursable_Work|EPG 643.2.12.4 Utility Agreement for Utility Work Included in Roadway Improvement Project]]) or by having a utility only project ([[#643.2.12.5_Agreement_for_a_Utility_Only_Project|EPG 643.2.12.5 Utility Only Project]]).&lt;br /&gt;
# The utility owner can award a construction contract to the lowest qualified bidder based on appropriate solicitation.&lt;br /&gt;
# The utility owner can utilize an existing continuing contract, provided the costs are reasonable (see [[#643.2.9.1_Independent_Cost_Estimate|EPG 643.2.9.1 Independent Cost Estimate]]).&lt;br /&gt;
# The utility owner can contract for low-cost incidental work, such as tree trimming and the like, without competitive bidding, provided the costs are reasonable (see [[#643.2.9.1_Independent_Cost_Estimate|EPG 643.2.9.1 Independent Cost Estimate]]).&lt;br /&gt;
&lt;br /&gt;
When a utility owner chooses option 2 to award its own new construction contract, the utility owner must provide the following documents and information to the district utilities staff. These documents need to be provided as soon as the utility owner has chosen to pursue a construction contract. Document 1 must be supplied by all utility owners. Documents 2 and 3 are only required when the utility owner is a local government agency who is also a political subdivision of the state of Missouri (e.g., city-owned utilities, county-owned utilities). All other utility owners are encouraged, but not required, to provide Documents 2 and 3.&lt;br /&gt;
# A statement that the utility owner is not staffed or able to perform the required construction activities with its own forces.&lt;br /&gt;
# A copy of the request for proposal used to secure bids.&lt;br /&gt;
# A list of a minimum of 3 bidders whom they believe can do the work. &#039;&#039;&#039;Political subdivisions are required to advertise for the work&#039;&#039;&#039;.&lt;br /&gt;
# Upon review of these documents, the district utilities staff will advise the utility owner to proceed with the solicitation of bids, but the utility owner will not be permitted to award the contract without the concurrence of district utilities staff. For lump sum agreements, approval of contract work and subcontract work is not required.&lt;br /&gt;
&lt;br /&gt;
The following documents need to be provided as soon as the utility owner has determined the lowest qualified contractor and would like to award the project. Document 1 must be supplied by all utility owners. Document 2 is only required when the utility owner is a local government agency who is also a political subdivision of the state of Missouri (e.g., city-owned utilities, county-owned utilities). All other utility owners are encouraged, but not required, to provide Document 2.&lt;br /&gt;
# The name address of the lowest qualified contractor.&lt;br /&gt;
# The tabulation of bids received and other information to support their recommendation for award to the lowest qualified bidder.&lt;br /&gt;
&lt;br /&gt;
The district utilities staff will review and approve the utility owner&#039;s bid information prior to the award of the contract. The Design Liaison Engineer is available to assist the district with review of bid information if necessary. Once the district utilities staff provides concurrence, the utility owner may proceed with awarding the contract. When the utility owner is a local government agency who is also a political subdivision of the state of Missouri (e.g., city-owned utilities, county-owned utilities), a copy of the executed contract must be shared with the district utilities staff. All other utility owners are encouraged, but not required, to provide a copy of the executed contract.&lt;br /&gt;
&lt;br /&gt;
A [https://epg.modot.org/forms/general_forms/DE/UtilityConsultantContractChecklist.docx checklist is available for reviewing contracts] to ensure the contract conforms to MoDOT policy and complies with applicable federal regulations.&lt;br /&gt;
&lt;br /&gt;
When a utility owner chooses to utilize an existing continuing contract, the utility owner will submit a copy of the contract to the district utilities staff. The district utilities staff will review the contract for reasonableness of cost. If district utilities staff and the utility owner’s representative cannot agree on the reasonableness of cost, then the utility owner will be required to award a new construction contract.&lt;br /&gt;
&lt;br /&gt;
===643.2.16.3 Inspection===&lt;br /&gt;
The degree of inspection needed for utility adjustments will vary considerably with the nature and location of the work and whether the Commission is responsible for any portion of the cost of reimbursement. Judgment must be used regarding the manner and regularity of inspection duties. Some phases of the work require a very close check to ensure that the highway will not be adversely affected and to ensure satisfactory performance of work in accordance with the agreement and plans. The degree of inspection may vary from spot checking of overhead installations to continuous close observation of backfilling trenches beneath proposed pavement, embankment area, or adjacent to bridge abutments. Proper inspection can ensure that the utility adjustment is completed as efficiently as possible to minimize future impacts to the utility facility and the highway construction project. A [https://epg.modot.org/forms/general_files/DE/UtilityFieldInspectionChecklist.docx Field Inspection Checklist] to assist district utilities staff responsible for inspection is available.&lt;br /&gt;
&lt;br /&gt;
If it is found that any actual cost reimbursable utility adjustment is being performed by unapproved contractors, district utilities staff should direct the work to stop. The utility owner’s representative should be informed immediately and should be advised in writing that the costs incurred by an unapproved contractor are not eligible for reimbursement under provisions of the agreement. The district utilities staff can take appropriate steps to approve a subcontract and advise when the utility owner can recommence work.&lt;br /&gt;
&lt;br /&gt;
===643.2.16.4 Documentation===&lt;br /&gt;
All documents related to the construction of the utility adjustment necessary to allow highway construction should be stored in MoProjects.&lt;br /&gt;
&lt;br /&gt;
Construction records must be kept to confirm that work is done in accordance with the terms of the agreement and in the manner proposed in the plans. The importance of a complete and accurate record cannot be overemphasized. Detailed records are necessary to support the recommendation for payment of the final invoice. A complete, separate daily record must be kept on each actual cost adjustment and submitted for review when the final invoice is recommended for payment. This district utilities staff responsible for inspection should complete the Daily Utility Report (C-9).&lt;br /&gt;
&lt;br /&gt;
====643.2.16.4.1 Utility Reports====&lt;br /&gt;
The Daily Utility Report ([https://epg.modot.org/forms/general_files/DE/C-9.docx Form C-9]) and the Final Utility Report ([https://epg.modot.org/forms/general_files/DE/C-13.docx Form C-13]) are used for documenting utility adjustments necessary to allow highway construction. The use of C-9s and C-13s will vary with method of reimbursement. For utility adjustments necessary to allow highway construction that overlap with the highway contractor’s work, progress records should be kept as necessary to coordinate the highway and utility construction activities. Sufficient records must be maintained to check and verify the items of labor, equipment, materials, and salvaged items as submitted on the final invoice.&lt;br /&gt;
&lt;br /&gt;
=====643.2.16.4.1.1 Daily Utility Report (C-9)=====&lt;br /&gt;
C-9s are only required for actual cost agreements. The district utilities staff responsible for inspection must in all cases keep records to document inclement weather, down time, and verbal authorization for minor changes. The district utilities staff responsible for inspection must complete a C-9 documenting the number and classification of employees and number of hours worked. Records of material used and of retired materials returned to stock or scrapped must be kept. The utility owner’s major items of equipment must also be recorded. When work is done by the contract method based on unit prices, the district utilities staff responsible for inspection should ascertain that units of work as provided in the bid proposal are measured and recorded to form a basis for checking the final invoice. C-9s should list the location and the number of units of work accomplished for that period. If contract labor or equipment is used by a utility owner on the basis of a bid per hour, per day, etc., it will be necessary to keep records on this labor or equipment time in the same manner as if the utility owner were performing the work with its own internal forces. District utilities staff responsible for inspection should also note all contractors working for the utility owner and the contractor approval authorization dates given in the agreement.&lt;br /&gt;
&lt;br /&gt;
=====643.2.16.4.1.2 Final Utility Report (C-13)=====&lt;br /&gt;
C-13s summarize that the utility adjustment work that was done in accordance with the agreement and plans, the percentage of total cost that is the responsibility of the Commission, and any progress payments that have been made. A C-13 is required for both actual cost and lump sum agreements. The requested numbers shown on line 9 (Commission Estimated Cost) and line 10 (Amount of Final Bill) in the report are the Commission’s total responsibility.&lt;br /&gt;
&lt;br /&gt;
====643.2.16.4.2 Breakdown and Emergency====&lt;br /&gt;
When breakdown and emergency situations occur, prior approval by MoDOT is not required for contract or equipment rental work unless the cost or period of time will be extensive. The utility owner should furnish a letter as soon as possible to explain the situation and set out the estimated costs involved. The district utilities staff’s records should substantiate the need and the changes for personnel and equipment.&lt;br /&gt;
&lt;br /&gt;
====643.2.16.4.3 Stop Work====&lt;br /&gt;
If at any point, a stop work order is given by MoDOT to a utility owner, written documentation of the stop work order should be saved in MoProjects.&lt;br /&gt;
&lt;br /&gt;
===643.2.16.5 Change Orders===&lt;br /&gt;
Any change in the plan of adjustment should be documented in writing to the utility owner as a change order. If the change order is anticipated to exceed $100,000 or 15% of the original agreement amount, district utilities staff should negotiate a supplemental agreement with the utility owner’s representative. Once a supplemental agreement is in place, district utilities staff should contact Financial Services to obtain an adjustment of the obligation mid-project. Change orders without supplemental agreements will be settled once the project is complete.&lt;br /&gt;
&lt;br /&gt;
====643.2.16.5.1 Actual Cost Agreement====&lt;br /&gt;
Slight modifications in quantities or the addition of minor items not included with the original agreement do not require a supplemental agreement. However, such changes should be documented in writing with the utility owner. A supplemental agreement is needed if costs exceed the above threshold or if there is a change in the percentage of cost that is the Commission’s responsibility on an agreement with shared responsibility for costs. Intermediate partial payments cannot be made on items in a supplemental agreement until the supplemental agreement is approved.&lt;br /&gt;
&lt;br /&gt;
====643.2.16.5.2 Lump Sum Agreement====&lt;br /&gt;
A supplemental agreement to a Lump Sum Agreement is only required for significant changes in the scope of work of the utility adjustment necessary to allow highway construction. Normal overruns are not considered as changes in approved work and will not be reimbursed. Significant changes in the scope of work on utility adjustments necessary to allow highway construction cannot be done until the supplemental agreement is approved, and the adjustment in obligation of funds is complete.&lt;br /&gt;
&lt;br /&gt;
==643.2.17 Utilities during Highway Construction==&lt;br /&gt;
The contractor is responsible for having utilities located by contacting Missouri One-Call (811) prior to any excavation on the project. A reminder of this responsibility should be made at the preconstruction meeting.&lt;br /&gt;
&lt;br /&gt;
===643.2.17.1 Preconstruction Meeting (Pre-Con)===&lt;br /&gt;
District utilities staff should be invited to all pre-cons.&lt;br /&gt;
&lt;br /&gt;
Pre-cons fall into three categories relating to utilities:&lt;br /&gt;
# No utility adjustments are anticipated within the project limits,&lt;br /&gt;
# All utility adjustments completed prior to the pre-con, and&lt;br /&gt;
# All utility adjustments not completed prior to the pre-con.&lt;br /&gt;
&lt;br /&gt;
====643.2.17.1.1 No Utility Adjustments Anticipated within the Project Limits====&lt;br /&gt;
For projects without a Utility Job Special Provision (JSP), no involvement of the utility owners is required at the pre-con. For projects with a Utility JSP, the Resident Engineer (RE) should invite all utility owner representatives listed in the JSP with known required adjustment to the pre-con. The RE should review potential impacts of the highway construction project with the contractor and the utility owner.&lt;br /&gt;
&lt;br /&gt;
====643.2.17.1.2 All Utility Adjustments Completed Prior to the Pre-Con====&lt;br /&gt;
The RE should invite all utility owner representatives listed in the JSP with known required adjustment to the pre-con. The RE should review potential impacts of the highway construction project with the contractor and the utility owner. A general discussion should highlight the previous adjustments made by the utility owner and what abandoned utility facilities the contractor may encounter.&lt;br /&gt;
&lt;br /&gt;
====643.2.17.1.3 All Utility Adjustments Not Completed Prior to the Pre-Con====&lt;br /&gt;
It is important for the RE and inspector to understand the utility owner’s work schedule and how it relates to the contractor’s work schedule. During the pre-con, the schedule of the utility owner and highway construction contractor should be discussed, and conflicts should be addressed to allow utility adjustments and highway construction to progress as near to the proposed schedule as possible. On large-scale projects that have many utility issues to address that could impact the work of the highway construction contractor, it may be necessary to have a separate pre-con with utility owner representatives.&lt;br /&gt;
&lt;br /&gt;
===643.2.17.2 Coordination Meetings===&lt;br /&gt;
When the utility work will not be completed soon after the preconstruction meeting, the RE should meet with district utilities staff, the highway construction contractor, and the utility owner representatives on a regular basis to discuss utility coordination issues, so expectations from all parties are known and conveyed clearly. The utility owner may need some work performed by MoDOT or the highway construction contractor prior to completing their adjustments. (Examples include: survey staking of right of way or proposed facilities, trees cleared, grading performed, or new structures built).&lt;br /&gt;
&lt;br /&gt;
==643.2.18 Service Drops==&lt;br /&gt;
Power and communication services provided by utility owners are necessary for the operation of the highway system. These services may include power to traffic signals, lighting, or ITS devices; power for cathodic protection; or telecommunication services to signal controllers or ITS devices. The project design teams should work with district utilities staff to identify proper locations for the applicable utility owners to provide these services. Various utility owners have different requirements for this process. The district utilities staff is encouraged to develop a workable relationship with the utility owners who provide these services to MoDOT. The costs of installing the services charged by the utility owner are considered a non-contractual item and should be accounted for in the project’s budget in the STIP. The proposed location and method for the service drops should be shown on the roadway plans. District utilities staff should meet with the utility owner’s representative to ensure the proposed location can be accommodated by the utility owner. For electrical service connections, the power supply assembly is ideally located a maximum of ten feet (10’) from the source location. Plans submitted for PS&amp;amp;E should reflect the agreed upon location for all service connections. During construction, district utilities staff and district construction staff should work together to ensure the placement of the services is consistent with the project plans. Payment for the service drops should be invoiced by the utility owner to the district. District utilities staff is responsible for submission of the invoice directly to Financial Services for payment noting the non-contractual charges for the project.&lt;br /&gt;
&lt;br /&gt;
==643.2.19 Buy America Build America for Utilities==&lt;br /&gt;
FHWA’s Buy America Build America (BABA) policies require a domestic manufacturing process for all steel or iron products, other construction materials, and manufactured products that are permanently incorporated into Federal-Aid Highway construction projects, including products and materials used for adjustments to utility facilities to allow highway construction. These guidelines are for all federally reimbursable transportation projects where FHWA is the lead federal agency; it does not take precedence over projects where Federal Transit Administration or the Federal Railroad Administration is deemed the be the lead federal agency.&lt;br /&gt;
&lt;br /&gt;
===643.2.19.1 Program Requirements for Utilities===&lt;br /&gt;
All MoDOT projects are federal-aid projects, and therefore, all reimbursable utility adjustments are required to follow the provisions of BABA. More information on MoDOT’s BABA policy and procedures can be found in [[106.9_Buy_America_Requirement|EPG 106.9 Buy America Requirement]]. Specifically, utility owners should be aware of the following procedures for determining applicability of the EPG 106.9 requirements to reimbursable utility adjustments necessary to allow highway construction:&lt;br /&gt;
* BABA does not apply when materials are relocated from one location to another within the project limits.&lt;br /&gt;
* BABA does not apply for materials necessary for temporary utility adjustments assuming materials are removed from the right of way upon completion of the utility adjustment to allow highway construction.&lt;br /&gt;
* Non-reimbursable work must be kept separate from reimbursable work (agreements, permits, etc.) in order to not be subject to BABA.&lt;br /&gt;
&lt;br /&gt;
===643.2.19.2 Certification Requirements for Utilities===&lt;br /&gt;
Utility owners have the option of choosing either to self-certify BABA compliance or provide vendor/manufacturer certification to MoDOT. The method of certification is chosen by the utility owner and is documented in either the MRUA or the project specific agreement. Regardless of agreement type or certification method, the utility owner must be compliant with BABA requirements.&lt;br /&gt;
&lt;br /&gt;
====643.2.19.2.1 BABA Utility Owner Self-Certification====&lt;br /&gt;
If a utility owner chooses to self-certify BABA compliance, the utility owner is not required to provide MoDOT copies of the supplier certification as part of the project documentation or with the final invoice for any reimbursable utility adjustment necessary to allow highway construction. Retention of all documents should be as described in the agreement.&lt;br /&gt;
&lt;br /&gt;
====643.2.19.2.2 BABA Vendor/Manufacturer Certification====&lt;br /&gt;
If a utility owner chooses to use vendor/manufacturer certification, the utility owner will supply MoDOT BABA compliance from all vendors and/or manufacturers. Certification from vendors will be signed by an authorized representative of the vendor on company letterhead or other acceptable documentation and will declare that all supplied materials subject to BABA requirements are fully compliant. Certification from iron or steel manufacturers must be in the form of a mill test report (MTF) issued and signed by the initial fabricator stating the materials subject to BABA were melted and manufactured in the United States. Other written statements on company letter or other acceptable documentation signed by an authorized representative of the manufacturer for any additional treatment to the fabricated material (such as blasting, galvanizing, painting, or coating) will state that all treatment processes occurred in the United States according to FWA guidelines. Retention of all documents should be as described in the agreement. Manufacturer certification for manufactured products or construction materials will state that all materials were sourced from the United States and were fabricated in the United States. Retention of all documents should be as described in the agreement.&lt;br /&gt;
&lt;br /&gt;
&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643.3 Reserved for Future Use &#039;&#039;PAGE TITLE&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;&lt;br /&gt;
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&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643.4 Railroads (NO CHANGE) &#039;&#039;PAGE TITLE&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;&lt;br /&gt;
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==236.5.12 Excess Land Conveyances &amp;amp; Relinquishments - Utilities==&lt;br /&gt;
All conveyances and relinquishments of Commission-owned property shall be evaluated for the existence of any utility facilities located within the areas to be conveyed or relinquished. A conveyance or relinquishment of Commission-owned property may have implications to the utility facilities, and the utility owners, when the Commission no longer controls the property. It is important to maintain the continuity of utility facilities for the general public; therefore, to identify and minimize potential impacts, MoDOT shall involve utility owners in the conveyance and relinquishment processes.&lt;br /&gt;
&lt;br /&gt;
===236.5.12.1 Excess Land Conveyances Utilities===&lt;br /&gt;
MoDOT shall only recommend that a property be declared excess upon satisfactorily addressing the utility impacts. Whether MoDOT or an external party initiates the conveyance of excess property, utility impacts shall be adequately addressed by using one of the following methods: &lt;br /&gt;
:1. Each utility facility will be relocated by permit into a new utility corridor retained by the Commission.&lt;br /&gt;
:2. Each utility facility will remain in place with the benefit of a non-exclusive permanent utility easement.&lt;br /&gt;
::&#039;&#039;If the Commission holds fee simple title to the property, the Commission shall convey a non-exclusive permanent utility easement to each utility owner&#039;&#039;.&lt;br /&gt;
::&#039;&#039;If the Commission holds a less than fee simple title interest in the property, MoDOT shall facilitate the conveyance of a non-exclusive permanent utility easement from the party acquiring the property to each utility owner&#039;&#039;.&lt;br /&gt;
:3. Each utility facility will be relocated to another portion of the property being conveyed.&lt;br /&gt;
::&#039;&#039;If the Commission holds fee simple title to the property, the Commission shall convey a non-exclusive permanent utility easement to each utility owner&#039;&#039;. &lt;br /&gt;
::&#039;&#039;If the Commission holds a less than fee simple title interest in the property, MoDOT shall facilitate the conveyance of a non-exclusive permanent utility easement from the party acquiring the property to each utility owner&#039;&#039;.&lt;br /&gt;
:4. Each utility facility will be relocated onto a portion of the property already owned by the party acquiring the Commission-owned property, with the benefit of a non-exclusive permanent easement. (MoDOT shall facilitate the conveyance of a non-exclusive permanent utility easement from the party acquiring the property to each utility owner.)&lt;br /&gt;
:5. A three-party negotiated settlement taking into consideration the overall value of the proposed transaction.&lt;br /&gt;
:6. Additional options to address utility impacts may be utilized with approval from the Asst. to the State Design Engineer - Right of Way.&lt;br /&gt;
&lt;br /&gt;
===236.5.12.2 Road Relinquishment Utilities===&lt;br /&gt;
MoDOT shall only recommend the relinquishment of roadways through the [[236.14 Change in Route Status Report|Change in Route Status Report]] upon satisfactorily addressing the impacts to utility facilities. If the roadway will be relinquished to a local public transportation authority, with the intent that it continues to be used as a public roadway, a clause similar to the following shall be included in the deed from the Commission to the local public transportation authority:&lt;br /&gt;
:&#039;&#039;&amp;quot;Grantee, by acceptance of this conveyance, covenants and agrees for itself, its successors and assigns, to allow known or unknown utility facilities currently located on the property, whether of record or not, to remain on the property, and to grant the current and subsequent owners of those facilities the right to maintain, construct and reconstruct the facilities and their appurtenances over, under, and across the land herein conveyed, along with the right of ingress and egress across the land herein conveyed to and from those utilities.&amp;quot;&#039;&#039; &lt;br /&gt;
&lt;br /&gt;
Proposed roadway relinquishments to private entities shall be reviewed in a manner consistent with the conveyance of excess property described in [[236.5 Property Management#236.5.3 Asset Management Committee|EPG 236.5.3 Asset Management Committee]].&lt;/div&gt;</summary>
		<author><name>Hoskir</name></author>
	</entry>
	<entry>
		<id>https://epg.modot.org/index.php?title=User:Hoskir/Revision_Request_4225&amp;diff=58883</id>
		<title>User:Hoskir/Revision Request 4225</title>
		<link rel="alternate" type="text/html" href="https://epg.modot.org/index.php?title=User:Hoskir/Revision_Request_4225&amp;diff=58883"/>
		<updated>2026-06-23T12:54:37Z</updated>

		<summary type="html">&lt;p&gt;Hoskir: /* 643.2.8.4 Notice of Hearing */&lt;/p&gt;
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&lt;div&gt;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643 Utility Procedures  &#039;&#039;CATEGORY&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt; &lt;br /&gt;
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| &#039;&#039;&#039;&amp;lt;center&amp;gt;&amp;lt;u&amp;gt;Additional Resources&amp;lt;/u&amp;gt;&amp;lt;/center&amp;gt;&#039;&#039;&#039;&lt;br /&gt;
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| ● [https://www.ecfr.gov/current/title-23/chapter-I/subchapter-G/part-64523 CFR 645]&lt;br /&gt;
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| ● [https://www.sos.mo.gov/cmsimages/adrules/csr/current/7csr/7c10-3.pdf7 CSR 10-30]&lt;br /&gt;
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&#039;&#039;&#039;Utility Accommodation Policy:&#039;&#039;&#039; State DOTs are required to develop policies and procedures pertaining to the use, accommodation, and/or relocation of public and private utility facilities on highway rights-of way using Federal-aid highway funds. State DOTs are required to develop, maintain, and obtain FHWA approval of their Utility Accommodation Policy (UAP) (23 CFR section 645.215). This EPG article 643 and subarticles 643.1 through 643.3 are Missouri Department of Transportation (MoDOT)’s Utility Accommodation Policy. Text in EPG 643 consolidates various federal and state statutes and rules into a single, cohesive, workable policy to outline processes for MoDOT staff and utility owners.&lt;br /&gt;
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&#039;&#039;&#039;Delegation of Work:&#039;&#039;&#039; Each MoDOT district is responsible for ensuring implementation of the UAP outlined in the subsequent EPG articles. Each district can create its own organization for whom is responsible for the work including between divisions and job titles. Work responsibilities within this article and subarticles are generic where possible. If a specific title is included, that title has sole responsibility for that item of work.&lt;br /&gt;
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[[media:144 Major Highway System 2022.pdf|major routes]]&lt;br /&gt;
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&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643.1 Utility Location  &#039;&#039;PAGE TITLE&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt; &lt;br /&gt;
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The information in this article provides a uniform system for regulating the location, construction, maintenance, removal, and relocation of utility facilities on the right of way of roadways located on the state highway system. It also provides for the facilitation of construction and maintenance of these roadways. Any location or relocation of utility facilities contrary to this information is an interference with the construction, maintenance, or operation of a state highway and its right of way and is prohibited.&lt;br /&gt;
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==643.1.1 Permits==&lt;br /&gt;
All utility owners are required to obtain a permit to work on Missouri Highway and Transportation Commission (Commission) right of way. A permit is required for original installation of the utility facility, on-going maintenance of the utility facility, or adjustments to a utility facility necessary to allow highway construction. Per [[127.29_Stormwater#127.29.4.3_MCM_3:_Illicit_Discharge_Detection_and_Elimination_(IDDE)_Program|EPG 127.29.4.3]], discharges of anything other than stormwater are not permitted. A deposit or bond is required to ensure completion of the work in accordance with the permit issued. An [https://www.modot.org/permits application for a permit] may be made on established forms specifically stating the nature of the work to be performed. Applications for permits may be obtained at any of the [https://www.modot.mo.gov/ seven (7) district highway offices] of the Commission, [https://www.modot.mo.gov/ MoDOT&#039;s website], or by requesting it from the office of the Missouri Highways and Transportation Commission in Jefferson City, Missouri. The application for a permit will specifically state the nature of the work to be performed, what specific type of utility facility is to be installed, and, if necessary, the timeframe of any temporary use. Piping of any type of sewage or waste will only be allowed providing any permitting by a regulatory agency, such as Missouri Department of Natural Resources, can be provided. Prior to obtaining a permit through MoDOT’s permit system, a utility owner will be required to provide a bond to ensure satisfactory work and complete a TR50 Electronic Signature Agreement with the Commission. The name of the utility owner must match on the bond, TR50, and in the permit system. More information on permitting can be found in [[:Category:941_Permits_and_Access_Requests|EPG 941]].&lt;br /&gt;
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===643.1.1.1 Emergency Work===&lt;br /&gt;
When emergency operations work is necessary, the damaged utility facility may be accessed immediately and without a permit by leaving the pavement at such points as may be necessary to effect emergency repairs, provided immediate notice is given to the Missouri State Highway Patrol and the district utilities staff for the district wherein the work will be performed, and a permit for emergency operations is requested immediately upon discovery of the need for emergency operations. A permit for emergency operations work is to be obtained as soon as practical, but in no event later than two (2) working days after the emergency operations work has commenced. Emergency operations include, but are not limited to, unplanned work in response to utility facilities being so damaged as to constitute an emergency situation directly affecting or endangering traffic on the highway or public health or safety.&lt;br /&gt;
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===643.1.1.2 Third-Party Inspection===&lt;br /&gt;
When a utility owner has a large number of projects in a given area or projects involving great complexity, MoDOT reserves the right to limit the number of permits open at any given time. With approval of the district utilities staff, a utility owner may hire a third-party inspector, at their cost. The third-party inspector will allow the utility owner to increase the number of permits open at any given time. The responsibility of the third-party inspector will be to ensure the installation of the utility facility proceeds in a manner consistent with the plans approved in the permit, including all work zone requirements and conformity with MoDOT’s Standards and Specifications. The MoDOT approved third-party inspector will be listed in the permit. MoDOT may audit third-party inspections and revoke the right to use third-party inspections should the inspectors fail to perform their duties.&lt;br /&gt;
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===643.1.1.3 Abandoned Utility Facilities===&lt;br /&gt;
All utility facilities installed in Commission right of way are the property of the utility owner whether the utility facility is active or inactive. MoDOT may allow a utility facility to remain on Commission right of way whether the utility facility was abandoned for a MoDOT project or at the utility owner’s discretion. MoDOT may place requirements (such as removing inactive fiber optic cables, grouting pipes, removing valves) on the utility owner as part of the process of abandoning a utility facility. Liability for damage to Commission right of way due to an abandoned facility remains the responsibility of the utility owner. In the event MoDOT requires the removal of the abandoned utility facility, responsibility for the cost of the removal will be determined per [[643.2_Local_Utility_Adjustments_-_Public_and_Private#643.2.8_Preliminary_Engineering_(PE)_Requirements|EPG 643.2.8]].&lt;br /&gt;
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==643.1.2 Definitions==&lt;br /&gt;
&#039;&#039;&#039;Bridge Attachment:&#039;&#039;&#039; A bridge attachment is any utility facility, including communication lines and electrical lines, or any other utility facility of a similar nature that is fastened to a bridge for the purpose of spanning an obstacle.&lt;br /&gt;
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&#039;&#039;&#039;Clear zone:&#039;&#039;&#039; The total roadside border area starting at the edge of the traveled way, available for safe use by errant vehicles. This area may consist of a shoulder, a recoverable slope, a non-recoverable slope, and/or the area at the toe of a non-recoverable slope available for safe use by an errant vehicle. Clear zone dimensions are provided in the current edition of American Association of State Highway Transportation Officials Roadside Design Guide.&lt;br /&gt;
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&#039;&#039;&#039;Ditch Line:&#039;&#039;&#039; A line where the roadway ditch meets the back slope. It is located at the lowest point of a V-bottom ditch or furthest point from the roadway of a flat bottom ditch where the roadway slopes back to the existing ground line.&lt;br /&gt;
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&#039;&#039;&#039;Duct:&#039;&#039;&#039; An enclosed tubular casing, or raceway, for protecting wires, lines, or cables that is often flexible or semi-rigid (1-3% diametric deflection). The casing, or raceway, is separate from the cable or conductor that passes through it.&lt;br /&gt;
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&#039;&#039;&#039;Encasement:&#039;&#039;&#039; The term encasement means the placing of an installation around and outside of an underground facility consisting of a larger conduit that permits the removal and replacement of the facility. An alternate to the conduit type encasement is reinforced concrete poured around the utility facility. Utility owners are allowed to use any types of material as a carrier and encasement for its facilities as expressly provided for in the permit issued for the installation of the utility facility.&lt;br /&gt;
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&#039;&#039;&#039;Freeway:&#039;&#039;&#039; A divided arterial highway with full control of access.&lt;br /&gt;
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&#039;&#039;&#039;Highway:&#039;&#039;&#039; Any public way for vehicular travel, including the entire area within the right of way and related facilities constructed or improved and maintained by the Missouri Highways and Transportation Commission (MHTC) acting through the Missouri Department of Transportation (MoDOT).&lt;br /&gt;
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&#039;&#039;&#039;Interchange Limits:&#039;&#039;&#039; For the uniform handling of utility installations only, the limits of an interchange are the outside ramp curve points. See [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_1_TypicalInterchangeLimits_AOD.pdf EPG Figure 643.1.1] for an example.&lt;br /&gt;
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&#039;&#039;&#039;Interstate System or Other Freeways/Expressways:&#039;&#039;&#039; Interstate highways and highways with fully controlled access.&lt;br /&gt;
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&#039;&#039;&#039;Major Routes (Interstates, Freeways/Expressways and Principal Arterials):&#039;&#039;&#039; The major highway system is all routes functionally classified as principal arterials. The principal arterial system provides for statewide or interstate movement of traffic. The major roads in Missouri total approximately 5,500 centerline miles.&lt;br /&gt;
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&#039;&#039;&#039;Minor Routes:&#039;&#039;&#039; The minor highway system is all routes functionally classified as minor arterials or collectors. These routes mainly serve local transportation needs. The minor roads in Missouri total approximately 28,400 centerline miles.&lt;br /&gt;
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&#039;&#039;&#039;Normal Right of Way Line:&#039;&#039;&#039; An imaginary line that connects sudden breaks in the major right of way points for roadways. Sight distance right of way points (triangles) at roadway intersections are not to be considered as sudden breaks for determining normal right of way.&lt;br /&gt;
[[File:fig_643.1.2-06_2026.jpg|none|700px|thumb|Figure 643.1.2 Normal Right of Way Line.]]&lt;br /&gt;
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&#039;&#039;&#039;Private Lines:&#039;&#039;&#039; Privately owned utility facilities which convey or transmit the commodities outlined in the definition of utility facility of this section but devoted exclusively to private use.&lt;br /&gt;
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&#039;&#039;&#039;Scenic Enhancement Areas:&#039;&#039;&#039; Scenic enhancement areas include areas acquired or so designated as scenic strips, overlooks, rest areas, recreation areas, and the right of way of adjacent roadways and the right of way of roadways that pass through public parks and historic sites as described under 23 USC 138.&lt;br /&gt;
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&#039;&#039;&#039;Utility Corridor:&#039;&#039;&#039; An area established for the placement of utility facilities parallel to the normal right of way line.&lt;br /&gt;
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&#039;&#039;&#039;Utility Facility:&#039;&#039;&#039; Privately, publicly, or cooperatively owned line, facility, or system for producing, transmitting, or distributing communications, cable television, power, electricity, light, heat, gas, oil, crude products, water, steam, waste, storm water not connected with highway drainage or any other similar commodity, including any fire or police signal system or street lighting system which directly or indirectly serves the public and does not include privately owned facilities devoted exclusively to private use. The term &amp;quot;utility facility&amp;quot; includes those facilities used solely by the utility owner that are a part of its operating plant.&lt;br /&gt;
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&#039;&#039;&#039;Utility Owner:&#039;&#039;&#039; The utility owner is the utility company, inclusive of any wholly owned or controlled subsidiary, or city or county which owns utility facilities. The term also includes those government agencies that lease a utility facility for its own use or otherwise dedicated solely to governmental use.&lt;br /&gt;
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&#039;&#039;&#039;Variance:&#039;&#039;&#039; A one- (1-) time deviation from the requirements for location or relocation of utility facilities on the right of way of highways in the state highway system as established in [https://www.sos.mo.gov/cmsimages/adrules/csr/current/7csr/7c10-3.pdf Title 7 Code of State Regulations 10-3], requested by the utility, and approved by a MoDOT District Design Engineer.&lt;br /&gt;
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==643.1.3 Location of Utility Facilities==&lt;br /&gt;
Utility facilities paralleling the roadway should be installed in the utility corridor except as outlined below. The utility corridor is the space for all utility owners generally within six feet (6’) of the normal right of way line. When considering if the current utility corridor is available to expand from six feet (6’) to as much as twelve feet (12’), MoDOT determines if the expansion is warranted. In making the determination, MoDOT will consider the existing utilization of the original six feet (6’) corridor. Poles must remain within two feet (2’) of the normal right of way line unless approved by a variance. The utility corridor will only be expanded beyond six feet (6’) if the original six feet (6’) corridor is fully utilized and additional space would be required to accommodate additional utility facilities. Acquisition of additional right of way to establish a twelve feet (12’) corridor is not required on highway construction projects. For depths for underground utility facilities, see [[#643.1.4.1_Minimum_Cover_for_Underground_Facilities|EPG 643.1.4.1]].&lt;br /&gt;
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Utility facilities crossing the roadway should be installed as close to ninety degrees (90°) to the centerline of the roadway as possible and based on the guidelines below depending on the type of roadway. See [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_3_TypicalUtilityCorridor-InterchangeatMajorRoute_AOD.pdf EPG Figure 643.1.3] and [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_4_TypicalUtilityCorridor-InterchangeatMinorRoute_AOD.pdf EPG Figure 643.1.4] for typical utility corridors around interchanges.&lt;br /&gt;
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===643.1.3.1 Interstate System or Other Major Freeways/Expressways===&lt;br /&gt;
The installation of all utility facilities on highways of the Interstate System or other major freeways/expressways with fully controlled access are to be installed, serviced, and maintained without entering or leaving the roadway and ramps except at points approved by MoDOT for that purpose and without parking any equipment or storing materials upon the medians, roadway and ramps, or shoulders of the roadways. Cutting or damaging the pavement or paved shoulders is not permitted. New service connections to existing parallel utility facilities are to be permitted only where an outer roadway exists and then only where access is permitted by the Commission. Careful consideration will be given to the location of guys, anchors, braces, and other supports. Generally, good design practice will provide that appurtenances be located at right of way jogs, along intersecting road right of way, or at other similar acceptable locations, so that encroachment is held to an absolute minimum.&lt;br /&gt;
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No utility facilities will be permitted within the interchange limits of an interchange between fully limited access highways where planned or existing. Utility facilities within the interchange limits of an interchange with a non-access controlled highway will be permitted only along the minor road, provided that all construction, service, and maintenance can be performed from the minor road. Manholes and poles must be located beyond the ramp termini.&lt;br /&gt;
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For structures carrying or over interstates or other major freeways/expressways, see [[#643.1.5_Bridge_Attachment_Policy|EPG 643.1.5]].&lt;br /&gt;
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====643.1.3.1.1 Utility Facilities Crossing the Interstate or Other Major Freeways/Expressways====&lt;br /&gt;
=====643.1.3.1.1.1 Overhead Crossings of the Interstate or Other Major Freeways/Expressways=====&lt;br /&gt;
Overhead crossings of utility facilities are permitted only for power transmission and distribution lines and for multiple circuit communication lines where an underground installation is not economically feasible. Supports for existing utility facilities crossing overhead may remain on the right of way provided they are near the right of way line regardless of the presence of an outer road. Supports for new overhead utility facilities crossing overhead may be located on the right of way near the right of way line where an outer roadway exists and are to be located off the right of way where no outer roadway exists. Overhead service crossings are only permitted in isolated cases for residential or commercial establishments when the denial of the crossing would require construction of more than 1,200 feet (1,200’) of utility line to provide the service. Main or distribution line crossings are required to serve a general area other than isolated cases.&lt;br /&gt;
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=====643.1.3.1.1.2 Underground Crossings of the Interstate or Other Major Freeways/Expressways=====&lt;br /&gt;
Underground crossings of utility facilities are to be continuously encased under the pavement, medians, ramps, and shoulders with the casing extending to the toe of the fill slopes or to the ditch line. In curbed sections, encasement should extend outside the outer curb of the roadways a distance equal to the depth of the encasement at the curb line. Where installed by open trench through unpaved areas, detector tape should be placed approximately one foot (1&#039;) above the encasement. Where an interstate or other major freeway has a parallel outer roadway, encasement should be continuous under all roadways within the right of way.&lt;br /&gt;
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Manholes or vent pipes are to be located at the right of way line or adjacent to the outer roadway.&lt;br /&gt;
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For fiber optic cable, encasement should extend from within six feet (6&#039;) of one right of way line to within six feet (6&#039;) of the other right of way line.&lt;br /&gt;
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Exceptions may be made for encasement as listed in [[#643.1.4.2_Exceptions_to_Encasement|EPG 643.1.4.2]].&lt;br /&gt;
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=====643.1.3.1.1.3 Parallel Installations along the Interstate or Other Major Freeways/Expressways=====&lt;br /&gt;
New parallel installations on the right of way may be permitted only where an outer roadway exists, provided that poles are within two feet (2&#039;) of the normal right of way line and underground utility facilities are within the utility corridor, and provided that the utility facility can be installed and maintained between the outer roadway and the right of way line. Existing overhead or underground utility facilities that parallel an existing roadway which will be incorporated into a completed highway as an outer roadway may remain in place if all maintenance and service can be performed from an outer roadway and the existing location does not interfere with construction, maintenance, or operation of the completed highway. If an existing parallel utility facility needs to be relocated so as to not interfere with the construction, maintenance, or operation of the completed interstate or other major freeway, poles may be located withing five feet (5’) of the right of way line.&lt;br /&gt;
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Underground utility facilities are expected to be buried within the utility corridor of sight distance triangles (SDTs) at roadway intersections unless granted a variance. Overhead utility facilities may be allowed to span intersecting roadways with SDTs provided the poles, or supports, are located outside the SDT.&lt;br /&gt;
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=====643.1.3.1.1.4 Sanitary Sewers within the Right of Way of Interstates or Other Major Freeways/Expressways=====&lt;br /&gt;
New installations of sanitary sewers should follow the applicable guidelines for either underground crossings or parallel installations as appropriate. Existing gravity trunk sanitary sewers should be considered individually and removed or left in place contingent upon its age, condition, feasibility of moving, and maintenance access. Encasement of existing trunk sewers left in place may be required for questionable condition, protection during construction, or heavy fills.&lt;br /&gt;
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Manholes should be relocated to the right of way lines or adjacent to an outer roadway.&lt;br /&gt;
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===643.1.3.2 Major Routes===&lt;br /&gt;
For structures carrying or over major routes, see [[#643.1.5_Bridge_Attachment_Policy|EPG 643.1.5]].&lt;br /&gt;
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====643.1.3.2.1 Major Routes with Partially Controlled Access Right of Way====&lt;br /&gt;
The installation of all utility facilities on highways with partially controlled access right of way are to be installed, serviced, and maintained without entering or leaving the roadway and ramps except at points approved by MoDOT for that purpose and without parking any equipment or storing materials upon the medians, roadway and ramps, or shoulders of the roadways. Cutting or damaging the pavement or paved shoulders is not permitted. Equipment or materials stored within the right of way must be protected by longitudinal barrier or be located outside the clear zone. New service connections to existing parallel utility facilities are to be permitted only where granted by the Commission.&lt;br /&gt;
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No utility facilities will be permitted within the interchange limits of an interchange between fully limited access highways where planned or existing. Utility facilities within the interchange limits of an interchange with a non-access controlled highway will be permitted only along the minor road, provided that all construction, service, and maintenance can be performed from the minor road. Manholes and poles must be located beyond the ramp termini.&lt;br /&gt;
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====643.1.3.2.2 Major Routes with Normal Access Right of Way====&lt;br /&gt;
All new utility facilities will be installed and maintained without cutting or damaging the pavement or paved shoulders except in the event underlying rock formations or other obstructions are encountered that prevent boring or pushing operations. A variance may be granted for pavement cuts when the need is established. Pavement cuts may only be made by permits issued when it is impractical to otherwise service and maintain the facility. The installation of all utility facilities is to be installed without parking any equipment or storing materials upon the medians, roadway and ramps, or shoulders of the roadways. Equipment or materials stored within the right of way must be protected by longitudinal barrier or be located outside the clear zone.&lt;br /&gt;
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====643.1.3.2.3 Utility Facilities Crossing Major Routes====&lt;br /&gt;
=====643.1.3.2.3.1 Overhead Crossings of Major Routes=====&lt;br /&gt;
Supports for utility facilities crossing overhead should be located as near the right of way line as possible. For major routes with controlled access right of way, new overhead service crossings may be permitted in isolated cases for residential or commercial establishments where the denial of such crossings would require the construction of more than 1,200 feet (1,200’) of utility line to provide the same service. For major routes with normal access right of way, there is no restriction on the placement of service crossings.&lt;br /&gt;
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=====643.1.3.2.3.2 Underground Crossings of Major Routes=====&lt;br /&gt;
Underground crossings of utility facilities are to be continuously encased under the pavement, medians, ramps, and shoulders with the casing extending to the toe of the fill slopes or to the ditch line. In curbed sections, encasement should extend outside the outer curb of the roadways a distance equal to the depth of the encasement at the curb line. Where installed by open trench through unpaved areas, detector tape should be placed approximately one foot (1&#039;) above the encasement. Where a major route has a parallel outer roadway, encasement should be continuous under all roadways within the right of way.&lt;br /&gt;
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Manholes or vent pipes are to be located at the right of way line or adjacent to the outer roadway.&lt;br /&gt;
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For fiber optic cable, encasement should extend from within six feet (6&#039;) of one right of way line to within six feet (6&#039;) of the other right of way line.&lt;br /&gt;
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Exceptions may be made for encasement as listed in [[#643.1.4.2_Exceptions_to_Encasement|EPG 643.1.4.2]].&lt;br /&gt;
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====643.1.3.2.4 Parallel Installations along Major Routes====&lt;br /&gt;
New parallel installations on the right of way may be permitted provided that poles are within two feet (2&#039;) of the normal right of way line and underground utility facilities are within the utility corridor. Existing overhead or underground utility facilities that parallel an existing roadway which will be incorporated into a completed highway may remain in place if all maintenance and service can be performed without entering or leaving the roadway except at approved access points; without parking equipment or storing materials on the median, pavement, ramps, or shoulders; and the existing location does not interfere with construction, maintenance, or operation of the completed highway. If an existing parallel utility facility needs to be relocated so as to not interfere with the construction, maintenance, or operation of the completed highway, poles may be located withing five feet (5’) of the right of way line.&lt;br /&gt;
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Existing steel pipe transmission and distribution facilities for gaseous petroleum products that parallel an existing roadway that will be incorporated into the completed roadway may be left in place subject to an agreement by the utility owner that maintenance or service and facility expansion will be performed without cutting or damaging the pavement or interfering with the construction, maintenance, and operation of the highway and provided that the facility is cathodically protected against corrosion and meets the applicable material requirements.&lt;br /&gt;
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Underground utility facilities are expected to be buried within the utility corridor of sight distance triangles (SDTs) at roadway intersections unless granted a variance. Overhead utility facilities may be allowed to span intersecting roadways with SDTs provided the poles, or supports, are located outside the SDT.&lt;br /&gt;
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====643.1.3.2.5 Sanitary Sewers within the Right of Way of Major Routes====&lt;br /&gt;
New installations of sanitary sewers should follow the applicable guidelines for either underground crossings or parallel installations as appropriate. An existing gravity trunk sanitary sewer should be considered individually and removed or left in place contingent upon its age, condition, feasibility of moving, and maintenance access. If an existing parallel gravity main is left in place within the limits of the paved surface, paved shoulder lines, or curb lines, stub mains as required will be laid between the sewer main and curb or shoulder lines for future service connections in each block. Manholes should be relocated outside the traveled roadway as near the right of way line as practical.&lt;br /&gt;
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===643.1.3.3 Minor Routes===&lt;br /&gt;
For structures carrying or over minor routes, see [[#643.1.5_Bridge_Attachment_Policy|EPG 643.1.5]].&lt;br /&gt;
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====643.1.3.3.1 Utility Facilities Crossing Minor Routes====&lt;br /&gt;
=====643.1.3.3.1.1 Overhead Crossings of Minor Routes=====&lt;br /&gt;
Existing overhead crossings that interfere with construction, maintenance, or operation should be relocated with their supports as near the right of way line as is practical. New overhead crossing installations should be located with their supports as near the right of way line as is practical.&lt;br /&gt;
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=====643.1.3.3.1.2 Underground Crossings of Minor Routes=====&lt;br /&gt;
All new utility facilities should be installed and maintained without cutting or damaging the pavement or paved shoulders. A variance may be granted for pavement cuts when servicing and maintaining the facility by any other methods is impractical. Pavement cuts may only be made by permits issued. Underground crossings of utility facilities are to be continuously encased under the pavement, medians, ramps, and shoulders with the casing extending to the toe of the fill slopes or to the ditch line. In curbed sections, encasement should extend outside the outer curb of the roadways a distance equal to the depth of the encasement at the curb line. Where installed by open trench through unpaved areas, detector tape should be placed approximately one foot (1&#039;) above the encasement.&lt;br /&gt;
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Manholes or vent pipes are to be located at the right of way line or adjacent to the outer roadway.&lt;br /&gt;
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For fiber optic cable, encasement should extend from within six feet (6&#039;) of one right of way line to within six feet (6&#039;) of the other right of way line.&lt;br /&gt;
&lt;br /&gt;
Exceptions may be made for encasement as listed in [[#643.1.4.2_Exceptions_to_Encasement|EPG 643.1.4.2]].&lt;br /&gt;
&lt;br /&gt;
====643.1.3.3.2 Parallel Installations along Minor Routes====&lt;br /&gt;
New parallel installations on the right of way may be permitted provided that poles are within two feet (2&#039;) of the normal right of way line and underground utility facilities are within the utility corridor. Existing overhead or underground utility facilities that parallel an existing roadway which will be incorporated into a completed highway may remain in place if all maintenance and service can be performed without entering or leaving the roadway except at approved access points; without parking equipment or storing materials on the median, pavement, ramps, or shoulders; and the existing location does not interfere with construction, maintenance, or operation of the completed highway. If an existing parallel utility facility needs to be relocated so as to not interfere with the construction, maintenance, or operation of the completed highway, poles may be located within five feet (5’) of the right of way line.&lt;br /&gt;
&lt;br /&gt;
Underground utility facilities are expected to be buried within the utility corridor of sight distance triangles (SDTs) at roadway intersections unless granted a variance. Overhead utility facilities may be allowed to span intersecting roadways with SDTs provided the poles, or supports, are located outside the SDT.&lt;br /&gt;
&lt;br /&gt;
====643.1.3.3.3 Sanitary Sewers within the Right of Way of Minor Routes====&lt;br /&gt;
New installations of sanitary sewers should follow the applicable guidelines for either underground crossings or parallel installations as appropriate. An existing gravity trunk sanitary sewer should be considered individually and removed or left in place contingent upon its age, condition, feasibility of moving, and maintenance access. If an existing parallel gravity main is left in place within the limits of the paved surface, paved shoulder lines, or curb lines, stub mains as required will be laid between the sewer main and curb or shoulder lines for future service connections in each block. Manholes should be relocated outside the traveled roadway.&lt;br /&gt;
&lt;br /&gt;
===643.1.3.4 Roundabouts===&lt;br /&gt;
Regardless of roadway type, it is desirable to avoid locating utility facilities and their access points within the circulatory roadway. If possible, utility facilities are located in the legs of the roundabout to allow for future maintenance and access at an isolated leg versus affecting the entire roundabout. See [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_5_TypicalLocationofUtilityFacilitiesnearRoundabouts_AOD.pdf EPG Figure 643.1.5] for an example.&lt;br /&gt;
&lt;br /&gt;
===643.1.3.5 Utility Facilities in Scenic Enhancement Areas===&lt;br /&gt;
All existing utility facilities within the limits of a scenic enhancement area requiring adjustment because of construction or reconstruction will be placed underground or relocated beyond the limits of the scenic enhancement area. No new above ground facilities will be permitted. New underground facilities will be permitted provided they do not extensively alter or impair the appearance of the area.&lt;br /&gt;
&lt;br /&gt;
==643.1.4 Installation of Utility Facilities==&lt;br /&gt;
The following sections provide information on the physical installation of utility facilities within highway right of way.&lt;br /&gt;
&lt;br /&gt;
===643.1.4.1 Minimum Cover for Underground Facilities===&lt;br /&gt;
The minimum cover for new underground utilities is:&lt;br /&gt;
* Forty-two inches (42”) for all water lines (parallel and crossings).&lt;br /&gt;
* Forty-two inches (42”) for fiber optic cable (crossings encased in rigid conduit).&lt;br /&gt;
* Seventy-two inches (72”) for fiber optic cable (crossings encased in polyethylene (PE) pipe).&lt;br /&gt;
* Thirty inches (30”) for direct burial and in trench fiber optic cable (parallel).&lt;br /&gt;
* Twenty-four inches (24”) for all other direct burial copper or coaxial cable, (parallel).&lt;br /&gt;
* Seventy-two inches (72”) for uncased polyethylene (PE) gas pipe crossings under ditches and roadways but thirty inches (30”) elsewhere.&lt;br /&gt;
* Thirty inches (30”) for all other (such as, but not limited to, gravity sewers, forced sewers, and electric) underground utilities (both parallel and crossing).&lt;br /&gt;
&lt;br /&gt;
===643.1.4.2 Exceptions to Encasement===&lt;br /&gt;
Exceptions may be made for encasement as follows:&lt;br /&gt;
* Non-fiber communication or electric cables installed in ducts.&lt;br /&gt;
* Welded steel pipelines carrying gaseous or liquid petroleum products - provided they are cathodically protected against corrosion, triple-coated in accordance with accepted pipeline construction standards, and meet applicable material requirements.&lt;br /&gt;
* Natural gas distribution pipe (nominal six-inch (6”) diameter maximum) of polyethylene (PE) plastic, traceable, installed by a horizontal bore method at a minimum depth of seventy-two inches (72”) under ditches and roadways, constructed in accordance with and meeting applicable material requirements.&lt;br /&gt;
* Gas service connections protected and constructed in accordance with and meeting applicable material requirements.&lt;br /&gt;
* Encasement is not required for new trunk sanitary sewer crossings of vitrified clay, reinforced concrete or cast iron except when installation procedures would produce voids in the roadbed, heavy fills, or installations under pressure.&lt;br /&gt;
&lt;br /&gt;
===643.1.4.3 Above Ground or Ground Level Appurtenances===&lt;br /&gt;
Appurtenances protruding more than four inches (4”) above the ground line should be located outside the clear zone. If no feasible alternative exists and if permitted by a variance, appurtenances may be allowed within the clear zone if they meet breakaway criteria or will be shielded by a traffic barrier. Good design practice will provide that appurtenances be located at right of way jogs, along intersecting road right of way, or at other similar acceptable locations, so that encroachment is held to an absolute minimum. Cables, wires, small diameter pipes, and other such utility appurtenances extending from the surface of the ground should be equipped with covers or guards to improve their visibility. Appurtenances within sidewalks or street level pedestrian access routes are to be in conformance with the Americans with Disabilities Act requirements.&lt;br /&gt;
&lt;br /&gt;
The maximum pull box width perpendicular to the right of way line within the utility corridor is thirty inches (30”).&lt;br /&gt;
&lt;br /&gt;
===643.1.4.4 Overhead Utility Facilities===&lt;br /&gt;
The vertical clearance of new or existing overhead installations will not be less than the current minimum requirements of the National Electric Safety Code, but in no case less than eighteen feet (18’) inclusive of sag above the groundline for electrical facilities. Clearance may be reduced for overhead installations of cable, telephone, or fiber optic facilities.&lt;br /&gt;
A minimum radial clearance of twenty-five feet (25’) is provided from any utility facility to the nearest part of any bridge structure. A minimum radial clearance of ten feet (10’) is provided from the nearest charged electrical line to a MoDOT signal, lighting, ITS, or overhead sign structure.&lt;br /&gt;
&lt;br /&gt;
===643.1.4.5 Approved Materials===&lt;br /&gt;
Utility owners are allowed to use any material for underground utility facilities including carrier and encasement provided they accept responsibility for any future repairs and/or replacement of damaged MoDOT facilities should a failure occur. This will allow the use of current technology and procedures to provide the best value to its subscribers and the taxpayers of Missouri. For materials that MoDOT also uses in its highway system, utility owners must provide materials that meet the current [https://www.modot.org/missouri-standard-specifications-highway-construction Missouri Standard Specifications for Highway Construction]. For materials not listed in the Missouri Standard Specifications for Highway Construction, the utility owner should provide documentation of the standards used to determine suitability of the material.&lt;br /&gt;
&lt;br /&gt;
===643.1.4.6 Cutting===&lt;br /&gt;
In the event permission is granted to cut an existing concrete or asphalt pavement or sidewalk, the appropriate provisions below should be followed.&lt;br /&gt;
&lt;br /&gt;
====643.1.4.6.1 Pavement====&lt;br /&gt;
All pavement cuts should be made with a saw to the full depth of the pavement. The width of the cut is typically determined by the width of the trench plus a minimum one foot (1’) on each side of the trench. In the event the distance to any adjacent longitudinal or transverse joint or crack is less than four feet (4’), the pavement must be removed to the joint or crack. Cuts for perpendicular service tie-ins should be a minimum of three feet (3’) wide. Longitudinal main installations are typically cut at a minimum of half the lane width, but in no instance should the cut be along the wheel path of the lane.&lt;br /&gt;
[[File:fig_643.1.6-06_2026.jpg|800px|none|thumb|Figure 643.1.6 Pavement Repair Dimension Requirements.]]&lt;br /&gt;
&lt;br /&gt;
The utility facilities should be placed in a location with the least impact to the roadway. Typically, this leads to placement in the shoulder when available followed by the two-way left turn lane (TWLTL), and then outside lanes before allowing placement in interior through lanes. Lane switching should be kept to a minimum and should not be used to minimize repair sizes. Cuts for mains or service leads that may not be perpendicular to the roadway should be squared-off.&lt;br /&gt;
&lt;br /&gt;
Replacement of cut pavement should be full depth concrete in accordance with the current version at the time of installation of Section 613.10 Full Depth Pavement Repairs of the Missouri Standard Specifications for Highway Construction and the Missouri Standard Plans for Highway Construction. If the area of the pavement repair is not to be fully resurfaced all joints including the overcut from the sawing operation should be filled with an expansive mortar, epoxy, polyester, or joint material as approved by the Engineer in accordance with Section 1057 of the Missouri Standard Specifications for Highway Construction.&lt;br /&gt;
&lt;br /&gt;
====643.1.4.6.2 Pedestrian Access Routes====&lt;br /&gt;
All cuts in the pedestrian access routes whether asphalt or concrete should be made by saw and be the full depth of the material. Entire slabs of concrete sidewalk should be removed. Repair of the pedestrian access route must meet Americans with Disability Act requirements, see [[:Category:642_Pedestrian_Facilities|EPG 642]]. Cuts through curb ramps or detectable warning areas are not permitted. Rather the entire curb ramp or detectable warning area must be removed and replaced. MoDOT district ADA contacts can help ensure ADA compliance of impacted pedestrian access routes.&lt;br /&gt;
&lt;br /&gt;
===643.1.4.7 Non-disturbance Areas===&lt;br /&gt;
MoDOT has certain areas of right of way where mowing, spraying, digging, or other vegetation disturbance activities are restricted. These areas have been established to mitigate the environmental impacts of a previous project and should be avoided. If the areas cannot be avoided, contact MoDOT’s Environmental Section.&lt;br /&gt;
&lt;br /&gt;
==643.1.5 Bridge Attachment Policy==&lt;br /&gt;
No utility facility will be permitted in or on a structure carrying an interstate or other freeway unless it is part of a federal requirement or for MoDOT’s use. When the structure carries any other road type and no other practical means exists for the crossing, wires (communication, electrical, fiber, or metal) will be permitted. Electrical lines must be located to cause minimum exposure to MoDOT maintenance personnel and the public. Pressurized pipelines for gas or other petroleum products and water and all sewer lines are prohibited on all structures due to the risks associated with their failure.&lt;br /&gt;
&lt;br /&gt;
===643.1.5.1 Agreement===&lt;br /&gt;
An agreement is required for all utility facilities attached to any structure. A charge will be made for the increased maintenance costs involved. This fee is set by the Bridge Division. When permitted, a 50-year occupational agreement is executed with the utility owner. Agreement BR04 Utility Attachment Agreement is used when an attachment is added to a bridge during its construction. Agreement BR09 Bridge Attachment Agreement is used when an attachment is added to an existing bridge.&lt;br /&gt;
&lt;br /&gt;
===643.1.5.2 Requests===&lt;br /&gt;
Requests to attach facilities to structures is a multi-step process. Bridge Division is responsible for approval of the bridge attachment. If at any point in the process, Bridge Division determines the attachment to be unacceptable, a reason is to be provided.&lt;br /&gt;
&lt;br /&gt;
To start, the utility owner submits a conceptual request to the district utilities staff. The conceptual request consists of an explanation of the proposal; a general location sketch (i.e., which side of the bridge); and details on the facility, length, and weight per foot when full. The district utilities staff should work with all relevant district personnel including the District Bridge Engineer in reviewing and recommending the attachment. The district utilities staff will submit the recommended details to the Bridge Division to determine the applicable costs including future maintenance costs and for attachments to new bridges, design and construction. Once the Bridge Division has determined the cost, the district utilities staff shares the cost with the utility owner for their concurrence with furthering the process. For new bridges, if the utility owner concurs with the costs, the district utility staff will prepare the BR04 Agreement for execution by the utility owner and the Commission. MoDOT will be responsible for the design and construction of attachments to new bridges. For existing bridges, the district utilities staff will forward the applicable as-built bridge plans to the utility owner for its use in designing the bridge attachment. The utility owner will provide detailed design drawings, signed and sealed by a professional engineer in the State of Missouri, to the district utilities staff for review. The district utilities staff should work with all relevant district personnel, including the District Bridge Engineer, in reviewing and recommending the details of the attachment to the Bridge Division. Once Bridge Division approves, the Bridge Division will prepare the BR09 Agreement for execution by the utility owner and the Commission. The utility owner is responsible for the construction of attachments to existing bridges. A flow chart, [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_7_BridgeAttachementProcess_AOD.pdf EPG Figure 643.1.7], of the process is available.&lt;br /&gt;
&lt;br /&gt;
Payment from the utility owner for the attachment will be sent to Financial Services by district utilities staff. For BR04 agreements, district utilities staff should discuss with Financial Services how to get the payment credited to the project constructing the attachment. For BR09 agreements, district utilities staff should copy Bridge Division on correspondence with Financial Serves. Checks should be made payable to Director of Revenue, Credit State Road Fund.&lt;br /&gt;
&lt;br /&gt;
For requests from government entities such as cities, counties, and other municipalities, the requested information should be submitted to Bridge Division as described above. However, the district utilities staff will take the lead in preparing the DE10 County Agreement or DE11 Municipal Agreement, as applicable, with input from Bridge Division and Bridge Maintenance. All fees are waived for government entities.&lt;br /&gt;
&lt;br /&gt;
===643.1.5.3 Considerations===&lt;br /&gt;
The following considerations are made in determining the acceptability of a bridge attachment. Unique situations will be discussed with the Bridge Division as required.&lt;br /&gt;
&lt;br /&gt;
====643.1.5.3.1 Bridge Asset Management Program====&lt;br /&gt;
Requests for bridge attachments should be reviewed for consistency with the district’s upcoming bridge asset management program needs. If a structure is due for rehabilitation or replacement in the near future, information should be provided to the utility owner indicating existing remaining life of the bridge. In some instances, it may be in MoDOT’s best interest to deny the request for attachment outright. In some instances, the utility owner may still choose to pursue the short-term attachment to the existing structure. In almost all cases, the utility owner is responsible for the cost of removing and/or relocating their utility facilities for a necessary repair, widening, improvement or reconstruction of the structure. Review existing agreements for cost responsibility for current attachments.&lt;br /&gt;
&lt;br /&gt;
====643.1.5.3.2 Aesthetics====&lt;br /&gt;
In reviewing a request for a bridge attachment, how the structure is viewed by the public will be considered. For example, is the structure over a scenic stream that is extensively used by canoeists, or does the structure span a road that may provide access to a park, campgrounds, or boat launching facilities? Is the structure a grade separation where the motoring public will see the attachment before they pass under it?&lt;br /&gt;
&lt;br /&gt;
====643.1.5.3.3 Method of Attachment====&lt;br /&gt;
In order to maintain structural integrity of any structures the following requirements will apply for attachments.&lt;br /&gt;
&lt;br /&gt;
=====643.1.5.3.3.1 Welding=====&lt;br /&gt;
Welding of hardware to structural steel members (i.e., flanges, webs, stiffeners, and diaphragms) whether in tension or compression is not permitted.&lt;br /&gt;
&lt;br /&gt;
=====643.1.5.3.3.2 Drilling=====&lt;br /&gt;
Drilling holes in any structural steel member is not permitted. Drilling holes for anchors into any prestressed concrete member is not permitted. Although permitted, drilling holes for anchors into the underside of bridge decks must be done with caution. It is recommended all anchors be installed to miss deck reinforcing steel. Generally, drilling into decks will not be allowed where sonotubes were used (voided slab bridges). The depth of the holes should be such that breaking out of the concrete on the top side of the deck does not occur.&lt;br /&gt;
&lt;br /&gt;
=====643.1.5.3.3.3 Corrosion=====&lt;br /&gt;
Attachment hardware will be new, properly coated to prevent corrosion or be of a non-corrosive material, and be designed to support the facility.&lt;br /&gt;
&lt;br /&gt;
====643.1.5.3.4 Location====&lt;br /&gt;
In general, attachments are made on the underneath side of the bridge deck. The condition of the bridge deck will dictate the location of the attachment supports. An exception may be attachments to trusses or other overhead structures.&lt;br /&gt;
&lt;br /&gt;
Attachments that may require manholes in bridge decks are not allowed.&lt;br /&gt;
&lt;br /&gt;
When attachments are required to structures over streams that may carry large drifts, they must be attached to the downstream side of the structure and above the lowest superstructure element. It is preferred to locate the attachment on the outside of the exterior girder. If aesthetics are a concern, a better appearance can be achieved by having the attachment made to the inside of the exterior girder and above the bottom of the lower flange to hide the conduit and the attaching hardware.&lt;br /&gt;
&lt;br /&gt;
Placement of utilities must not prevent the removal of old paint, the application of new paint on superstructure steel, or cause debris buildup, which could cause structural deterioration.&lt;br /&gt;
&lt;br /&gt;
====643.1.5.3.5 Construction and Maintenance====&lt;br /&gt;
If the attachment cannot be built while maintaining one (1) lane of traffic on the structure, it will not be allowed.&lt;br /&gt;
&lt;br /&gt;
Construction procedures that severely impact traffic may factor into the allowable location of the attachment on the structure.&lt;br /&gt;
&lt;br /&gt;
When scaffolding is to be attached or supported by bridge rails, bridge superstructure, or bridge substructure, the procedures for construction of the attachment must be reviewed.&lt;br /&gt;
&lt;br /&gt;
The utility owner or local entity will pay for, or be responsible for, the painting of the attachment, if necessary, when the bridge requires painting.&lt;br /&gt;
&lt;br /&gt;
==643.1.6 Private Lines==&lt;br /&gt;
Private lines are permitted to cross the right of way of a highway in the same manner as outlined for all utility facilities in above sections of this article. Parallel installations along the right of way of a highway are not permitted. Special conditions at a specific location that make adherence to this policy impractical will be submitted to the Chief Engineer for consideration of an acceptable alternative. In certain situations, it may be necessary to obtain approval from the Federal Highway Administration (FHWA) before approval to use the alternative can be given to the private utility owner.&lt;br /&gt;
&lt;br /&gt;
==643.1.7 Water and Sewer Separations==&lt;br /&gt;
The Missouri Department of Natural Resources (MoDNR) Safe Drinking Water Commission via 10 CSR 60-10 and Clean Water Commission via 10 CSR 20-8 govern the design of water and sewer lines in the vicinity of one another. Basic criteria are outlined below for information, and details are contained within the regulations. MoDOT is not responsible for providing or acquiring adequate right of way for utility owners to comply with MoDNR requirements.&lt;br /&gt;
&lt;br /&gt;
===643.1.7.1 Water and Sewer Separations===&lt;br /&gt;
====643.1.7.1.1 Horizontal====&lt;br /&gt;
Sanitary and storm sewers are to be laid at least ten feet (10’) horizontally measured from outside edge to outside edge from any existing or proposed water main. In cases where it is not practical to maintain ten feet (10’) of separation, installation of the water main closer to the sewer is acceptable where the water main is installed in a separate trench or on an undisturbed earth shelf located on one (1) side of the sewer at an elevation so the bottom of the water main is at least eighteen inches (18”) above the top of the sewer.&lt;br /&gt;
&lt;br /&gt;
===643.1.7.2 Crossings===&lt;br /&gt;
Water mains are to be laid to provide a minimum vertical distance of eighteen inches (18”) vertically measured outside edge to edge from sanitary or storm sewers. This is the case whether the water main is above or below the sewer. One (1) full length of water pipe must be located so both joints will be as far from the sanitary or storm sewer line as possible. Special structural support for the water main or sanitary or sewer main may be required.&lt;br /&gt;
&lt;br /&gt;
===643.1.7.3 Exception===&lt;br /&gt;
When it is impossible to obtain proper horizontal and vertical separation as stipulated, the sewer will be designed and constructed equal to water pipe and will be pressure-tested to assure it is watertight prior to backfilling.&lt;br /&gt;
&lt;br /&gt;
===643.1.7.4 Water Supply Interconnections===&lt;br /&gt;
No physical connection is permitted between a public or private potable water supply system and any sanitary or storm sewer or appurtenance that would permit the passage of any sewage or polluted water into the water supply. No water pipe is permitted to pass through or come in contact with any part of a sanitary sewer manhole.&lt;br /&gt;
&lt;br /&gt;
===643.1.7.5 Water Works Structures===&lt;br /&gt;
Sewers are not permitted to be installed within fifty feet (50’) in any direction from any existing or proposed public water supply well or other water supply sources or structures.&lt;br /&gt;
&lt;br /&gt;
==643.1.8 Variances==&lt;br /&gt;
Occasionally, it is impractical to locate a utility facility in accordance with requirements outlined in this article. MoDOT may consider a utility owner’s request for a variance from these requirements on a case-by-case basis. The utility owner should complete a [https://epg.modot.org/forms/general_files/DE/UtilityVarianceApprovalForm.docx Utility Variance Approval Form] to be submitted to MoDOT for consideration. Variances on the Interstate System require approval of the Federal Highway Administration (FHWA). A flow chart, [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_8_VarianceApprovalProcess.pdf EPG Figure 643.1.8], of the variance process is available.&lt;br /&gt;
&lt;br /&gt;
A variance will not be permitted just for the convenience of the utility owner. The utility owner requesting a variance must provide all necessary information to properly evaluate if a variance should be approved. For example, a utility owner requesting a variance because “the utility corridor is full” must explore all reasonable options. It is suggested that the requestor pothole the existing utility corridor to confirm the location of existing utility facilities and provide that data to support the need to locate outside of the utility corridor due to its congestion.&lt;br /&gt;
&lt;br /&gt;
===643.1.8.1 Variance Process===&lt;br /&gt;
Any utility owner of a public utility facility may apply for a variance. The process for requesting a variance is as follows:&lt;br /&gt;
&lt;br /&gt;
====643.1.8.1.1 Submittal Requirements====&lt;br /&gt;
Utility owners submit to the district utilities staff a written request for a variance using the [https://epg.modot.org/forms/general_files/DE/UtilityVarianceApprovalForm.docx Utility Variance Approval Form]. The utility owner must clearly show the provision(s) or guideline(s) for which the variance is being requested; the condition(s) which the utility owner believes warrant(s) the granting of a variance; a thorough explanation of the reason(s) for the requested variance, including sufficient and appropriate documentation of safety, aesthetic, or constructability constraints that would be adverse to the function, access, or maintenance of the utility facility and not in the best interest of the public.&lt;br /&gt;
&lt;br /&gt;
====643.1.8.1.2 MoDOT Consideration of Variance Request====&lt;br /&gt;
The utility owner bears full responsibility for demonstrating to MoDOT’s satisfaction that the variance is the most appropriate way to serve the public interest. MoDOT may present to the utility owner and the utility owner must consider reasonable alternatives to the variance requested by the utility owner. In determining whether to grant a variance, district utilities staff will consider all relevant factors including, but not limited to: the requested variance is reasonably necessary for the convenience, safety, health, and/or welfare of the public; there is an exceptional or undue burden or hardship on the specific applicant; a physical impracticability that would result from the applicant’s adherence to the normal location requirements; and the requested variance will not impair the safe construction, maintenance, operation, and safety of public travel on the highway. District utilities staff may consult with the Design Liaison Engineer in evaluating variances.&lt;br /&gt;
&lt;br /&gt;
====643.1.8.1.3 Approval of Variances====&lt;br /&gt;
Once district utilities staff have agreed to accept a variance proposed by the utility owner, the [https://epg.modot.org/forms/general_files/DE/UtilityVarianceApprovalForm.docx Utility Variance Approval Form] and all supporting documentation is sent to the District Design Engineer (DDE) for approval. If a variance is on interstate right of way, the DDE-signed Variance Request Form and all supporting documentation is forwarded to the Design Liaison Engineer who will forward to FHWA for their concurrence.&lt;br /&gt;
&lt;br /&gt;
====643.1.8.1.4 Variance Appeal Informal Hearing====&lt;br /&gt;
If denied a variance, the utility owner has thirty (30) calendar days to request an informal hearing for the purpose of appealing the denial. Requests must be made in writing to the State Design Engineer, Missouri Department of Transportation, P.O. Box 270, Jefferson City, MO 65102. If the utility owner requests an informal hearing, MoDOT’s authorized representative will advise the applicant of the time, date, and place of the hearing. The hearing is not a contested case under RSMo 536. The rules of evidence will not apply at the hearing, and MoDOT’s decision after the conduct of the hearing is not subject to further appeal.&lt;br /&gt;
&lt;br /&gt;
==643.1.9 Excess Right of Way==&lt;br /&gt;
Prior to conveyance of excess right of way, the status of utility facilities within said parcel must be addressed. See [[236.5_Property_Management#236.5.12_Excess_Land_Conveyances_&amp;amp;_Relinquishments_–_Regulated_Utilities|EPG 236.5.12]].&lt;br /&gt;
&lt;br /&gt;
==643.1.10 Broadband==&lt;br /&gt;
Broadband development in the state of Missouri is handled by the Department of Economic Development (DED). MoDOT shares its approved Statewide Transportation Improvement Program (STIP) project list with DED. All MoDOT policies related to placement of utility facilities within Commission right of way as outlined in this EPG article 643.1 are to be followed.&lt;br /&gt;
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&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643.2 Utilities in Program Delivery &#039;&#039;PAGE TITLE&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt; &lt;br /&gt;
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==643.2.1 Introduction==&lt;br /&gt;
Improvements to the highway system often require negotiation between the Commission and a city, a county, or a public or private utility owner. The Commission’s district utilities staff is responsible for coordination of highway improvement projects with the utility owner’s representative. The impact to a utility, the responsibility for the cost of adjustments necessary to allow highway construction, the plan of adjustment of the utility, the responsibility of performance of work on utility facilities, and the schedule of the utility adjustment are all items that vary depending on the project and should be investigated and negotiated to ensure highway improvement projects are delivered on-time and on-budget. These should comply with Commission policy. A flowchart [link here] outlining all the utility adjustment processes (reimbursable and non-reimbursable relocations, Master Reimbursable Utility Agreements and Project Specific Agreements, etc.) are available in the list of figures at the top of the page. These processes will not always be in combination, but each should be considered with each project.&lt;br /&gt;
&lt;br /&gt;
The district utilities staff, in conjunction with the Transportation Project Manager (TPM), is expected to invite and encourage participation of utility owner representatives in MoDOT project meetings as needed.&lt;br /&gt;
&lt;br /&gt;
When a project involves utility adjustments for which the Commission is responsible for costs, the TPM should program the costs of the utility adjustments as non-contractual construction costs in the STIP Information Management System (SIMS).&lt;br /&gt;
&lt;br /&gt;
==643.2.2 Annual Utility Meeting==&lt;br /&gt;
Each district should hold an annual meeting with utilities to discuss current STIP projects in the district. The annual meeting should be held during each year&#039;s STIP preparations, ideally between January and May. All utility owners that have utility facilities in the district should be invited. The intent is to provide the utility owners with an idea of upcoming projects to allow them the opportunity to plan and budget for potential adjustments of their utility facilities, identify both MoDOT and utility roadblocks, and develop action plans to complete utility adjustments better, faster, and cheaper.&lt;br /&gt;
&lt;br /&gt;
==643.2.3 Determination of Existing Utilities==&lt;br /&gt;
District utilities staff should determine the appropriate level of effort needed to accurately identify existing utilities within the footprint of a proposed highway construction project. Aboveground utilities are easily identifiable via field checks; however, determination of the precise location of underground utilities can be more challenging and time consuming. Therefore, the district utilities staff should balance the risk of conflict with the highway construction project against the level of effort needed to determine the location.&lt;br /&gt;
&lt;br /&gt;
The level of effort on mapping utilities is dependent on the scope of the project and the potential for utilities having an impact on the construction of the project. The project schedule should include the time to complete this task accurately. The time and effort necessary for having accurate locates requires close interaction with the utility locators. Early contact with utility owner representatives may be necessary to accurately locate underground utility facilities.&lt;br /&gt;
&lt;br /&gt;
Various methods of determining existing underground utilities result in different levels of quality. ASCE Standard 38 Standard Guidance for Investigating and Documenting Existing Utilities classifies four levels of quality:&lt;br /&gt;
:1. Quality Level D: QL-D is the most basic level of information for utility locations. It comes solely from existing utility records or verbal recollections, both typically unreliable sources. It may provide an overall &amp;quot;feel&amp;quot; for the congestion of utilities but is often highly limited in terms of comprehensiveness and accuracy. QL-D is useful primarily for project planning and route selection activities.&amp;lt;br&amp;gt;&lt;br /&gt;
: Missouri 811 or “private-locate” markings are to be considered to be QL-D.&lt;br /&gt;
:2. Quality Level C: QL-C is probably the most used level of information. It involves surveying visible utility facilities (e.g., manholes, valve boxes, etc.) and correlating this information with existing utility records (QL-D information). When using this information, it is not unusual to find that many underground utilities have been either omitted or erroneously plotted. Therefore, its usefulness is primarily on rural projects where utilities are not prevalent or are not too expensive to repair or relocate.&lt;br /&gt;
:3. Quality Level B: QL-B involves the application of appropriate surface geophysical methods to determine the existence and horizontal position of virtually all utilities within the project limits. This activity is called &amp;quot;designating&amp;quot;. The information obtained in this manner is surveyed to project control. It addresses problems caused by inaccurate utility records, abandoned or unrecorded utility facilities, and lost references. The proper selection and application of surface geophysical techniques for achieving QL-B data is critical. Information provided by QL-B can enable the accomplishment of preliminary engineering goals. Decisions regarding location of storm drainage systems, footers, foundations, and other design features can be made to avoid conflicts with existing utilities. Slight adjustments in design can produce substantial cost savings by eliminating utility relocations.&lt;br /&gt;
:4. Quality Level A: QL-A, also known as &amp;quot;locating or potholing&amp;quot;, is the highest level of accuracy presently available and involves the full use of the subsurface utility engineering services. It provides information for the precise plan and profile mapping of underground utilities through the nondestructive exposure of underground utilities, and provides the type, size, condition, material, and other characteristics of underground features.&lt;br /&gt;
&lt;br /&gt;
For projects with scopes that have potential for utility conflicts, the minimum level of effort required is SUE Quality Level D. Locations of existing utilities are determined by requesting locates through Missouri 811, also known as the “One-Call” process. Missouri 811 locating requests should be carefully considered for the scope of work of the project. When necessary, the location of existing utilities should be established by a field survey of locate markings and features and shown on the roadway plans. Higher level SUE Quality Levels can be used on any project. Adjustment cost savings, whether to the MoDOT or to the utility owner, are beneficial to the taxpayer. Good SUE projects are typically urban in nature, or in congested areas, where the project footprint is to be minimized, or anytime accurate vertical and horizontal location of the utility facility might allow a design to avoid the utility facility thus preventing the need for the adjustment. The SUE process combines civil engineering, surveying, and geophysics. It utilizes several technologies, including vacuum excavation and surface geophysics.&lt;br /&gt;
&lt;br /&gt;
When proposed excavation or installation of subsurface features (drainage, equipment bases, etc.) falls within three feet (3’) of a marked Missouri 811 line, soft digging (hand digging, potholing, vacuum methods, pressurized air/water jetting, pneumatic hand tools, etc.) is required to more exactly locate the utility facility both horizontally and vertically. Utility facilities present within the right of way by permit, should be investigated by the utility owner. Utility facilities that would be reimbursable or partially reimbursable as defined in EP 643.2.8 will be investigated by MoDOT.&lt;br /&gt;
&lt;br /&gt;
==643.2.4 Conflict Determination==&lt;br /&gt;
Determination of whether a conflict exists between an existing utility facility and a proposed highway improvement project should occur at the earliest possible stage of project development. A conflict may be the result of the physical interaction between the roadway infrastructure and utility facility, a reduction in cover or increase in fill over underground utilities, a reduction in horizontal clearance whether above or below ground, a reduction in overhead vertical clearance, paving over utilities, or restricting a utility owner’s access to its utility facilities. District utilities staff should work with utilities to determine if a conflict exists and the appropriate plan of adjustment to remedy the conflict. The adjustment to the utility may be a relocation or another measure that protects the utility or access to the utility from the proposed highway improvement project. Determination of a conflict needs to be continually re-evaluated as the project design progresses. Continuing coordination is essential.&lt;br /&gt;
&lt;br /&gt;
==643.2.5 Utility Plan of Adjustment==&lt;br /&gt;
===643.2.5.1 Request for Plan of Adjustment===&lt;br /&gt;
District utilities staff will request a plan of adjustment from utility owners whose utility facilities are in conflict with a proposed highway project. The plan of adjustment may consist of efforts to relocate the utility or otherwise protect a utility from the impacts of the proposed highway project. Utilities are shown on the roadway plan and profiles sheets that are furnished to utility owners for use in planning required utility adjustments. Any other sheets such as drainage, traffic signal, lighting, or ITS plans that show impacts to a utility facility should also be provided to the utility owners. All adjustments, reimbursable or not, require a plan of adjustment furnished by the utility owner.&lt;br /&gt;
&lt;br /&gt;
A transmittal letter is included in the request for a plan of adjustment. The letter informs the utility owner that regardless of whether an adjustment is reimbursable, no physical adjusting or relocating of their utility facilities to accommodate the proposed highway improvement is to be performed without specific approval and authorization. Additionally, if any part of the adjustment has the potential to be reimbursable, they are advised:&lt;br /&gt;
# They may undertake preliminary engineering by their own forces upon approval by district utilities staff of the estimated costs of preliminary engineering.&lt;br /&gt;
# They may employ a consultant to do the PE work provided they request and obtain prior approval. See [[#643.2.6_Preliminary_Engineering_Requirements|EPG 643.2.6 Preliminary Engineering Requirements]].&lt;br /&gt;
# Any preliminary engineering costs accrued prior to the date of written authorization to proceed will not qualify for reimbursement.&lt;br /&gt;
# Replacement right of way or easements cannot be purchased without specific approval and authorization.&lt;br /&gt;
&lt;br /&gt;
===643.2.5.2 Proposed Plan of Adjustment===&lt;br /&gt;
Developing a plan of adjustment is a multi-step process. The utility owner will propose a conceptual approach to adjusting the utility facilities to allow highway construction. This conceptual approach is used as the basis for determining cost responsibility, estimate of costs for preliminary engineering and construction, developing the agreement if necessary, and final design of the adjustment. Negotiations between district utility staff and the utility owner’s representative can result in changes to the design throughout the process.&lt;br /&gt;
&lt;br /&gt;
Final plans of adjustment must contain a legend on the first sheet identifying the utility symbols used. They must also show the existing utility facilities and their disposition, the location of the new or adjusted utility facilities, the existing and new right of way lines, the limited or fully controlled access symbols (where applicable), the existing and proposed roadways, ramps, and outer roadways and any other pertinent roadway information. They must contain sufficient details concerning location, elevation, compaction, clean up, etc. to provide for the proper adjustment of the utility facility. Relocated and/or existing utility facilities that will remain in place must be dimensioned or indicated in a manner to show their location in respect to the right of way lines. It is preferred that the utility owner transmits the plan of adjustment by electronic deliverables in a format that can be incorporated into the roadway plans. This will reduce the time and effort necessary as well as increase the accuracy of transferring this information into the roadway plans.&lt;br /&gt;
&lt;br /&gt;
Plans of adjustment received from the utility owner are to be checked for compliance with MoDOT’s requirements ([[#643.1_Utilities_Location|EPG 643.1 Utility Location]]) by the district utilities staff. They are also checked to ensure compatibility with the roadway design. Any continuing conflicts are resolved through negotiations with the utility owner.&lt;br /&gt;
&lt;br /&gt;
Occasionally, it is impractical to perform a utility adjustment in accordance with MoDOT’s requirements. Sometimes the utility may request approval of a plan of adjustment that does not conform to these requirements. Deviation from MoDOT’s utility requirements is a variance. Refer to [[#643.1.8_Variances|643.1.8 Variance Process]] for additional guidance.&lt;br /&gt;
The final plan of adjustment is included as Exhibit “A” to the agreement ([[#643.2.12_Utility_Agreements|EPG 643.2.12 Agreements]]).&lt;br /&gt;
&lt;br /&gt;
==643.2.6 Preliminary Engineering Requirements==&lt;br /&gt;
Preliminary engineering (PE) can be performed one of four ways for utility adjustments:&lt;br /&gt;
# The utility owner can use its own engineering forces.&lt;br /&gt;
# MoDOT can select an engineering consultant, after consultation with the utility owner, and the consultant contract will be administered by MoDOT.&lt;br /&gt;
# The utility owner can select an engineering consultant, with approval by MoDOT, and the consultant contract will be administered by the utility owner.&lt;br /&gt;
# If a utility adjustment is being included in a MoDOT administered construction contract, the preliminary engineering of the adjustment can be provided by MoDOT.&lt;br /&gt;
&lt;br /&gt;
For reimbursable utility adjustments, the amount paid to engineers, architects, and others for required engineering and allied services can be included in reimbursement amount provided such amounts are not based on a percentage of the costs of the necessary adjustments to allow highway construction. Reimbursement is available for contracts executed after solicitation of a consultant for the specific adjustment or existing continuing contracts when it is demonstrated that such work is performed regularly for the utility owner in its own work and that the costs are reasonable.&lt;br /&gt;
&lt;br /&gt;
A [https://epg.modot.org/forms/general_files/DE/UtilityConsultantContractChecklist.docx checklist is available for reviewing consultant-engineering contracts] to ensure the contract conforms to MoDOT policy and complies with applicable federal regulations. District utilities staff should use the checklist to review contracts and may consult with Audits and Investigations Division as necessary. The procedures in 23 CFR part 172, Administration of Engineering and Design Related Service Contracts may be used as a guide for reviewing proposed consultant contracts. [[:LPA:136.4_Consultant_Selection_and_Consultant_Contract_Management|EPG 136.4 Consultant Selection and Consultant Contract Management]] may also be used as a guide.&lt;br /&gt;
&lt;br /&gt;
===643.2.6.1 Solicited Consultant Contracts===&lt;br /&gt;
If solicitation of PE services is required for reimbursable utility adjustments, the utility owner must provide the following documents and information to district utilities staff. These documents need to be provided as soon as the utility owner has chosen to solicit a consultant. Document 1 must be supplied by all utility owners. Documents 2 and 3 are only required when the utility owner is a local government agency who is also a political subdivision of the state of Missouri (e.g., city-owned utilities, county-owned utilities). All other utility owners are encouraged, but not required, to provide Documents 2 and 3:&lt;br /&gt;
# A statement that the utility owner is not staffed or able to perform the required PE services with its own forces.&lt;br /&gt;
# Provide the names of at least three (3) consultants considered.&lt;br /&gt;
# The criteria used to evaluate each consultant and reasons why the selected consultant was selected.&lt;br /&gt;
&lt;br /&gt;
The following documents need to be provided as soon as the utility owner has successfully negotiated and entered into a contract with the consultant:&lt;br /&gt;
# The name and address of the selected consultant.&lt;br /&gt;
# A statement that the &amp;quot;[https://epg.modot.org/forms/general_files/DE/CertificationOfConsultant.docx Certification of Consultant]&amp;quot; will be furnished immediately upon award of the contract to the consultant.&lt;br /&gt;
# One executed copy of the proposed engineering contract or agreement between the utility owner and consultant, only if the engineering will exceed $5,000.00.&lt;br /&gt;
# The consultant&#039;s fixed (lump sum) or estimated fee (actual cost) and the contract maximum.&lt;br /&gt;
# A cost summary providing a detailed breakdown of the basis for the consultant&#039;s compensation, including estimated labor hours, hourly rates for each classification, overhead rate (if used), the amount of profit charged, and any other estimated charges such as travel expenses, equipment rentals, etc. If an overhead rate is used, the consultant must also submit the supporting overhead rate calculations.&lt;br /&gt;
# An independent cost estimate of engineering services provided by the utility owner to use in comparison to the consultant’s proposed engineering services to check for cost reasonableness.&lt;br /&gt;
&lt;br /&gt;
===643.2.6.2 Continuing Consultant Contracts===&lt;br /&gt;
When a utility owner chooses to use an existing continuing contract for PE services, the utility owner must provide the following documents and information to the district utilities staff as soon as possible.&lt;br /&gt;
# A statement that the utility owner is not staffed or able to perform the engineering with its own forces.&lt;br /&gt;
# The name and address of the consultant under the existing continuing contract.&lt;br /&gt;
# A statement that the &amp;quot;[https://epg.modot.org/forms/general_files/DE/CertificationOfConsultant.docx Certification of Consultant]&amp;quot; will be furnished.&lt;br /&gt;
# A copy of the continuing contract to the district utilities staff. The district utilities staff will review the contract for reasonableness of cost.&lt;br /&gt;
# The consultant&#039;s fixed (lump sum) or estimated fee (actual cost) and the contract maximum for the work associated with the utility adjustment.&lt;br /&gt;
# A cost summary providing a detailed breakdown of the basis for the consultant&#039;s compensation, including estimated labor hours, hourly rates for each classification, overhead rate (if used), the amount of profit charged, and any other estimated charges such as travel expenses, telephone, etc. If an overhead rate is used, the consultant must also submit the supporting overhead rate calculations.&lt;br /&gt;
# An independent cost estimate of engineering services provided by the utility owner to use in comparison to the consultant’s proposed engineering services to check for cost reasonableness.&lt;br /&gt;
&lt;br /&gt;
===643.2.6.3 Consultant Contract Changes===&lt;br /&gt;
If a PE services contract between a utility owner and a consultant needs to be revised, a copy of the revised contract, fee, and schedule should be submitted by the utility owner to the district utilities staff prior to allowing for contract changes. District utilities staff should review the contract changes to ensure the revised contract conforms to MoDOT policy and complies with applicable federal regulations.&lt;br /&gt;
&lt;br /&gt;
==643.2.7 Environmental and Right of Way==&lt;br /&gt;
===643.2.7.1 Utilities and Environmental Clearances===&lt;br /&gt;
District utilities staff should coordinate with the TPM and utility owner’s representative to understand and communicate on known environmental and cultural constraints that could impact a utility owner’s plan of adjustment. This will allow the utility owner to consider permitting timelines and alternatives that avoid environmental or cultural resources to keep the project on schedule.&lt;br /&gt;
&lt;br /&gt;
One strategy to make project delivery more efficient and ensure regulatory compliance is for MoDOT to obtain the environmental and cultural resource permits and clearances for the utility owners associated with a roadway improvement while obtaining its own. This would generally only be for the permits and regulatory clearances MoDOT already needs to pursue as a part of the transportation improvement.&lt;br /&gt;
&lt;br /&gt;
District utilities staff should coordinate with the utility owner’s representative early in the project timeline to determine if it is in the best interest of both MoDOT and the utility owner to obtain permits and environmental clearances jointly. The following strategies can be utilized to determine if a joint approach to environmental work should be pursued:&lt;br /&gt;
* If utility facilities are moving to a location within or immediately adjacent to MoDOT right of way, a utility owner may be invited to participate in permitting and environmental compliance activities.&lt;br /&gt;
* If utilities move to a location not within or adjacent to MoDOT right of way, the utility company would not normally be invited to participate in permit applications and environmental compliance activities. However, some unique projects may necessitate further attention and should be discussed with the Design Liaison Engineer.&lt;br /&gt;
&lt;br /&gt;
If MoDOT and the utility owner agree to obtain joint permits and clearances, written communication between the utility owner’s representative and the district utilities staff should document the following items:&lt;br /&gt;
* List of the permits and clearances that MoDOT will acquire on behalf of the utility owner.&lt;br /&gt;
* List of the information needed from the utility owner in order for MoDOT to acquire the permits and clearances.&lt;br /&gt;
* Schedule and deadlines for submittal of the information by the utility owner. For example: utility plans, fill quantities, construction methods, dates, or seasons of construction.&lt;br /&gt;
&lt;br /&gt;
Permits and clearances that may be needed by both a utility owner and MoDOT include:&lt;br /&gt;
* [[127.7_Threatened_and_Endangered_Species|Endangered Species Act consultation and clearance]]&lt;br /&gt;
* [[127.2_Historic_Preservation_and_Cultural_Resources#127.2.1.1_Historic_Preservation_Regulations_and_Laws|Section 106 of the National Historic Preservation Act clearance]]&lt;br /&gt;
* [[127.10_Section_4(f)_Public_Lands|Section 4(f) clearance]]&lt;br /&gt;
* [[127.10_Section_4(f)_Public_Lands#127.10.1.4_Section_6(f)_Laws_and_Regulations|Section 6(f) of the Land and Water Conservation Fund Act clearance]]&lt;br /&gt;
* [[127.4_Wetlands_and_Streams|Section 401 and Section 404 of the Clean Water Act permits]]&lt;br /&gt;
* [[:Category:806_Pollution,_Erosion_and_Sediment_Control#806.1_Introduction_(see_Sec._806)|Section 402 of the Clean Water Act permit (State Operating Permit for Erosion Control)]]&lt;br /&gt;
* [[127.8_Hazardous_and_Solid_Waste|Recommendations on contaminated soil disposition]]&lt;br /&gt;
&lt;br /&gt;
===643.2.7.2 Right of Way Acquisition and Utilities===&lt;br /&gt;
The Commission is obligated to acquire the width of right of way required by the design of the highway improvement. For utility facilities currently located within the Commission’s right of way, this includes the necessary space for the utility facilities impacted by the design of the highway improvement. Either additional right of way width to accommodate a utility corridor or a utility easement can be obtained for the relocation of utility facilities. When drainage easements are acquired along a channel, additional space for utility facilities should be considered to avoid conflicts between the utility facility and the bridge or culvert.&lt;br /&gt;
&lt;br /&gt;
District utilities staff should inform the utility owner’s representative of the potential of a conflict between an existing utility facility and a proposed highway construction project early in the project development process to allow sufficient time for the utility owner to prepare a plan of adjustment and notify the district utilities staff of any easement needs. When utility facilities are located on a utility owner’s private easement, the utility owner may obtain its own new easements. If the utility owner is not in a position to negotiate for new easements or if the utility owner’s policies will not permit it to condemn property to obtain the easement, MoDOT can acquire the easement in the same manner roadway right of way is obtained. The district utilities staff should verify the utility owner is aware of the opportunity to have MoDOT acquire the easement, and the utility owner should provide written documentation on whether the utility owner would like to pursue this option with MoDOT.&lt;br /&gt;
&lt;br /&gt;
For situations where the utility owner will obtain its own replacement right of way and the cost of the adjustment is MoDOT’s responsibility, the utility right of way cost should be reviewed by the district right of way department to ensure the cost is reasonable and acquisition followed state and federal regulations. In order to expedite utility adjustments necessary to allow highway construction, the district utility staff may authorize the utility owner to obtain easements prior to all details of a plan of adjustment being developed. In this situation, the district utilities staff should ensure enough details are known to justify the needed right of way, and an agreement for right of way costs only should be executed with the utility owner.&lt;br /&gt;
&lt;br /&gt;
For situations where MoDOT will obtain the right of way necessary to allow highway construction, district utility staff should negotiate with the utility owner’s representative to ensure all necessary utility easements are shown on the approved right of way plans. The TPM should confirm with district utilities staff that the right of way plans accurately reflect the needs of the utility owners prior to requesting right of way plan approval. The district Right of Way Manager should confirm with district utilities staff before requesting an acquisition date (A-date). Every effort should be made to avoid adding utility easement requests once negotiations with property owners have begun.&lt;br /&gt;
&lt;br /&gt;
Occasionally, when negotiations cannot be completed for easements for the adjustment of utility facilities, it may be necessary to condemn for the property. District utilities staff should coordinate with the utility owner’s representative to ensure no alternate design for the adjustment of the utility facility is practical. The decision to condemn for easements for the adjustment of the utility facilities requires the exercise of good judgment in reaching the conclusion that further good faith negotiations are futile and condemnation is necessary to maintain the project in the scheduled letting. The TPM should coordinate with the district utilities staff and district Right of Way (RW) personnel on the condemnation proceedings.&lt;br /&gt;
&lt;br /&gt;
Easement and other right of way documents used with utility owners are handled in accordance with procedures established jointly with RW and district utilities staff. District survey staff prepare the land descriptions for use in utility easements. The district utilities staff is responsible for completion of the easements in the correct form and scope. A sketch delineating the area described is attached to the easement as Exhibit “A”. Communication with the Design Division will ensure use of proper forms, corporate names and locations, and particular wording required for joint ownerships. The description for a utility easement is to be referenced to the nearest land corner shown on the plans. Examples of easements can be found in the template list in [https://netprod3.dot.missouri/eAgreements/Search/QuickSearch eAgreements].&lt;br /&gt;
&lt;br /&gt;
In situations where MoDOT is acquiring right of way with existing utility easements, but the district utilities staff and the utility owner’s representative agree that the utility facility may remain in place, the utility owner will release the property to the Commission separate from the right of way acquisition. This is done by executing an Easement for Highway Construction (UT16). The utility owner grants and conveys, with warranty of title expressed or implied, to the Commission, the right to construct, reconstruct, and maintain a highway over and across that portion of the easement owned and held by the utility owner. In the future, the utility owner retains any reimbursable rights should future projects require adjustments to allow highway construction.&lt;br /&gt;
&lt;br /&gt;
==643.2.8 Cost Responsibility==&lt;br /&gt;
In addition to determining if a conflict exists between an existing utility facility and a highway improvement project, it is important to determine who is responsible for the costs of the necessary adjustments to allow highway construction. An adjustment for which the Commission is responsible for the costs is known as a reimbursable adjustment. An adjustment for which the Commission is not responsible for the costs is known as a non-reimbursable adjustment. An adjustment for which the Commission and the utility share responsibility for costs is known as a partially reimbursable adjustment. Adjustments determined to be reimbursable or partially reimbursable by the Commission are to be completed under the terms of an agreement executed between the utility owner and the Commission.&lt;br /&gt;
&lt;br /&gt;
===643.2.8.1 Commission Responsibility===&lt;br /&gt;
====643.2.8.1.1 Utility Facilities Located on Private Easements====&lt;br /&gt;
When the utility facility is located on a private easement within the new right of way to be acquired for a future project, the Commission is responsible for the cost of the necessary adjustments to allow highway construction. It may be possible that such easement does not have written easement rights. The Commission will honor this oral right provided acceptable documentation is provided by the utility owner to the district utilities staff. An [https://epg.modot.org/forms/general_files/DE/NonwrittenEasementRights_Example.docx example of acceptable documentation for not written easement rights] is available. Other forms of documentation will be considered on an individual basis.&lt;br /&gt;
&lt;br /&gt;
=====643.2.8.1.1.1 Future Moves=====&lt;br /&gt;
When the utility facility is located on a private easement, taken into the Commission’s right of way, the Commission may agree that any future moves of the same utility by Commission order may be made at the Commission’s cost. Documentation of this agreement is by an Easement for Highway Construction (UT16) agreement. If the Commission provides a substitute private easement, then the Commission will have future obligations consistent with the utility facility’s status in an easement.&lt;br /&gt;
&lt;br /&gt;
====643.2.8.1.2 Utility Facilities Located within Commission Right of Way====&lt;br /&gt;
When the utility facility is located within Commission right of way, but has prior land rights, the Commission is responsible for the cost of adjustments to allow highway construction. The utility owner is responsible for documenting to the satisfaction of the district utilities staff, the basis for the claim of prior land rights within Commission right of way. Time spent researching prior rights is considered coordination and is reimbursable.&lt;br /&gt;
&lt;br /&gt;
====643.2.8.1.3 City or County Utility Facilities on City or County Streets====&lt;br /&gt;
When roadway improvements are within the corporate limits of cities, towns, and villages, a municipal agreement is negotiated between the Commission and the municipality. Likewise, when roadway improvements are within the limits of a county and outside the municipal limits, a county agreement is negotiated between the Commission and the County Commission. Included in these agreements are provisions regarding reimbursement for adjusting city or county owned utility facilities. Reimbursement is provided for adjustment of city or county owned utility facilities that are now located on city or county streets and not on Commission right of way.&lt;br /&gt;
&lt;br /&gt;
====643.2.8.1.4 Lumen====&lt;br /&gt;
Lumen – National (formerly CenturyLink, Lightcore, or Digital Telephone, Inc. (DTI)) and the Commission have entered into a partnership agreement, “Amended and Restated Fiber Optic Cable on Freeways in Missouri,” executed June 5, 2003 which obligates the Commission to be responsible for the cost of the necessary adjustments to allow highway construction along the routes identified in the agreement. A copy of the agreement is available to district utilities staff.&lt;br /&gt;
&lt;br /&gt;
====643.2.8.1.5 Services to the Commission====&lt;br /&gt;
When a utility facility provides a service connection to local Commission facilities such as power to traffic signals, lighting, ITS, and cathodic protection and phone drops to traffic signal controllers or other Commission facilities, the Commission is responsible for the cost of the necessary adjustments to allow highway construction.&lt;br /&gt;
&lt;br /&gt;
====643.2.8.1.6 Private Service Lines====&lt;br /&gt;
While most utility owners reconnect the private service lines at no cost to the property owner, some do not. If a utility owner does not reconnect service lines, MoDOT can include adjustment of private service lines in roadway contracts. Bid items for relocating service connections are provided for the different types of anticipated adjustments.&lt;br /&gt;
&lt;br /&gt;
====643.2.8.1.7 Second Moves====&lt;br /&gt;
If the Commission requires additional work to a utility facility after the facility has been relocated or adjusted in accordance with a plan of adjustment approved by the Commission for a single project number, the Commission is responsible for the cost of the additional work regardless of whether the initial adjustment was Commission responsibility as outlined in other parts of [[643.2_Local_Utility_Adjustments_-_Public_and_Private#643.2.8.1_Federalizing_Funds_for_Preliminary_Engineering|643.2.8.1]].&lt;br /&gt;
&lt;br /&gt;
The purpose of the policy is to encourage utilities to relocate early rather than waiting until plans are published for bidding. The policy eliminates the utility having to relocate twice at its own expense because of late changes in the design. It is best to have utilities relocated prior to construction, and this policy helps achieve that goal. Therefore, it is imperative that the designer notifies district utilities staff as soon as possible of any changes made after these plans have been sent. If notified immediately, it may be possible to inform the utility owner prior to their final design thereby eliminating a second move.&lt;br /&gt;
&lt;br /&gt;
Under this policy, the following are not considered second moves. Temporary and staged relocations necessary to accommodate construction and agreed upon by the utility and the Commission prior to relocation are considered a single move and are not subject to the provisions of the second move policy. If the Commission requires adjustment of a utility facility for which the utility owner is responsible for the cost of the adjustment and was originally determined to not need adjustment, the utility owner is responsible for the cost of the adjustment. The utility owner is responsible for the cost of additional work to any portion of the utility facility after the utility facility has been adjusted in accordance with a plan of adjustment approved by the Commission if the additional work is required by the Commission due to error by the utility owner in preparation of plan of adjustment, field location of, or construction of the adjustment of the utility facility.&lt;br /&gt;
&lt;br /&gt;
When evaluating construction contract changes by change order or value engineering, the impacts of the second move policy should be considered.&lt;br /&gt;
&lt;br /&gt;
===643.2.8.2 Utility Owner Responsibility===&lt;br /&gt;
====643.2.8.2.1 Utility Facilities Owned and Operated by a Political Subdivision====&lt;br /&gt;
When a utility facility is located within Commission right of way, but does not have prior land rights, the utility owner is responsible for the cost of the necessary adjustments to allow highway construction. When a utility facility is located on public right of way other than Commission right of way, the utility owner is responsible for the cost of the necessary adjustments to allow highway construction.&lt;br /&gt;
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When a political subdivision must bear part or all the cost of adjustments to their utility facilities, and the cost creates a financial hardship, the Commission, by its authorized representative, the Chief Engineer, may temporarily assume these costs. A payback agreement with the political subdivision will include an applicable interest rate for a comparable maturity from a widely published index of tax-exempt municipal rates obtained from Financial Services. Payback time will not exceed five (5) years.&lt;br /&gt;
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====643.2.8.2.2 Utility Facilities Other Than Those Owned by a Political Subdivision====&lt;br /&gt;
When a utility facility is on the right of way of a public road or street or on state highway right of way without prior land rights and adjustment is necessary to allow for the construction of a roadway improvement, the utility owner is responsible for the cost of the necessary adjustments to allow highway construction.&lt;br /&gt;
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===643.2.8.3 Shared Responsibility===&lt;br /&gt;
When a utility facility is located such that portions of it are a Commission responsibility and portions of it are a utility owner responsibility by the definitions above, the costs of the necessary adjustments to allow highway construction will be split by the Commission and the utility owner. If the exact cost for each party can be determined, each party will be responsible for their portion of the cost of relocating the utility facility. If the exact cost for each party cannot be determined, the parties will arrive at a percentage reimbursement on an equitable basis.&lt;br /&gt;
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===643.2.8.4 Notice of Hearing===&lt;br /&gt;
When relocation or other difficulties with utility facilities on public right of way arise that prevent resolution by negotiation, formal hearings will be required.&lt;br /&gt;
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The district initiates a request for a utility relocation hearing with a letter to the Chief Counsel’s Office (CCO) (a copy is provided to the Design Division) requesting a hearing date. CCO will arrange for a hearing room, court reporter, etc. and advise the district of the hearing date.&lt;br /&gt;
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The district will prepare the notice of hearing by strictly following the given format and serve the notice on all persons and utility owners listed. The property and utility owner must be served only by personal service or by mailing a certified letter, return receipt requested, no later than 15 days before the date of hearing. This will require the district to make every effort to identify the correct property owner before preparing the notice of hearing. To avoid delays, every attempt will be made to issue the hearing notice at least 30 days prior to the hearing date in case any property has changed ownership and any additional property owners must be served. A notice of hearing on service line connections will also be served on the private or public owner of the main or distribution line to which the service lines are connected. A notarized &amp;quot;[https://epg.modot.org/forms/general_files/DE/ReportOnPersonalService.docx Report of Personal Service]&amp;quot; will be completed when notification by certified mail is not used.&lt;br /&gt;
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One copy of the hearing notice and attachments, &amp;quot;[https://epg.modot.org/forms/general_files/DE/ReportOnPersonalService.docx Report of Personal Service]&amp;quot; and certified mail notices are to be submitted to CCO after notification is complete.&lt;br /&gt;
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Prior to the hearing, the district&#039;s representative will become familiar with the details of the utility adjustment in order to provide concise testimony to expedite the hearing process. CCO will assign an attorney to work with the district and present the case.&lt;br /&gt;
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Refer to 7 CSR 10-3.030 020 Utility Relocation Hearings for additional information.&lt;br /&gt;
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A Waiver of Hearing should be obtained for non-reimbursable adjustments to document the commitment of the utility owner to adjust its utility facilities without adversely impacting the highway construction project. This may be accomplished informally via written communications between the district utilities staff and the utility owner’s representative. A [https://epg.modot.org/forms/general_files/DE/WaiverOfHearingForm.docx formal Waiver of Hearing statement] may be requested by either MoDOT or the utility owner. A [https://epg.modot.org/forms/general_files/DE/WaiverOfHearingLetter.docx sample transmittal letter for the Waiver of Hearing] is available. For reimbursable or partially reimbursable adjustments, the formal agreement serves as the basis of documentation of this commitment.&lt;br /&gt;
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==643.2.9 Estimates==&lt;br /&gt;
District utilities staff will negotiate with utility owners to determine reimbursable costs of the necessary adjustments to allow highway construction ([[#643.2.8_Cost_Responsibility|EPG 643.2.8 Cost Responsibility]]). These estimates are prepared in accordance with the provisions of 23 CFR 645 and any amendment thereto. These estimates must reflect the same procedures and costs used by the utility owners in their normal operations and must also accurately represent the expected costs of the work. The utility owner’s estimate will be reviewed by the district utilities staff to ensure compliance with 23 CFR 645.&lt;br /&gt;
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===643.2.9.1 Independent Cost Estimate===&lt;br /&gt;
The independent cost estimate provides the basis for district utilities staff to review the utility owner’s estimate of costs of the necessary utility adjustments to allow highway construction and any subsequent negotiations with the utility owner. The district utilities staff should prepare an independent cost estimate. The independent cost estimate may be based on unit prices of anticipated items of work in a utility adjustment necessary to allow highway construction. The independent cost estimate alternately may be based on recent similar types of utility adjustments necessary to allow highway construction and scaled for size. Consultants can be used to develop the independent cost estimate. All documentation of the independent cost estimate should be placed in MoProjects.&lt;br /&gt;
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===643.2.9.2 Type of Project Cost Estimates===&lt;br /&gt;
Either Actual Cost or Lump Sum estimates may be used for estimating the costs on the necessary utility adjustments to allow highway construction. If an Actual Cost estimate is used, detailed records of materials, labor, and equipment are made by district utilities and/or construction staff during construction, and a final audit of the utility owner’s cost records is made to determine the Commission’s actual responsibility for costs of the adjustment completed to allow highway construction. If a Lump Sum estimate is used, a final audit of costs for an adjustment in payment is not required. The Actual Cost method requires more detailed record keeping and documentation by the utility owner and district staff during construction. The Lump Sum method requires more upfront detail and work by the utility owner and judgment on the district utilities staff on the acceptability of the cost. The district utilities staff will work with the utility owner’s representative to determine the best type of estimate and therefore agreement to use.&lt;br /&gt;
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====643.2.9.2.1 Actual Cost Estimate====&lt;br /&gt;
The cost estimate that supports the actual cost agreement is prepared in sufficient detail to determine the reasonable expected cost of the work to support development of an agreement between the utility owner and the Commission. However, reimbursement is based on the actual costs of design and construction of the necessary adjustment to allow highway construction. The [https://epg.modot.org/forms/general_files/DE/ActualCostCostEstimate_Example.docx actual cost estimate] should detail all costs of the necessary adjustment to allow highway construction, even if the Commission is only responsible for a portion of the costs as detailed in EPG [[#643.2.8.3_Shared_Responsibility|643.2.8.3 Shared Responsibility]].&lt;br /&gt;
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[https://epg.modot.org/forms/general_files/DE/ActualCostCostEstimate_Example.docx Actual cost estimates] can be used for any dollar amount of reimbursement.&lt;br /&gt;
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====643.2.9.2.2 Lump Sum Estimates====&lt;br /&gt;
The cost estimate that supports the lump sum agreement must be accurate, comprehensive, verifiable, and in sufficient detail to present a clear picture of the work involved and the cost of the individual items. The estimate may cover only that portion of the adjustment for which the Commission is responsible for the costs of the necessary utility adjustments to allow highway construction.&lt;br /&gt;
Lump sum estimates are limited to a maximum of $200,000 of Commission responsibility of costs of the necessary utility adjustments to allow highway construction; however, exceptions may be made for special situations that have prior approval from Design Division. These exceptions usually cover major relocations for which the Commission&#039;s proportionate responsibility is extremely small.&lt;br /&gt;
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===643.2.9.3 Utility Cost Estimate Requirements===&lt;br /&gt;
Whether using an Actual Cost or Lump Sum estimate, the following should be included in the estimate, if applicable. If any of the following sections are not included in the estimate, a qualifying statement as to why the costs were not included should be provided.&lt;br /&gt;
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====643.2.9.3.1 Scope of Work====&lt;br /&gt;
All estimates require a concise summary of the work to be performed on the estimate. An example is &amp;quot;an estimate of cost covering the work of relocating Company&#039;s 12-inch Cushing-Woodriver pipeline to accommodate construction of Route 47 in Franklin County on Job No. J6P0172&amp;quot;.&lt;br /&gt;
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====643.2.9.3.2 Engineering Costs====&lt;br /&gt;
Costs of engineering, whether preliminary or construction, must be shown as separate items and are not to be included with &amp;quot;labor costs&amp;quot;. Concurrent cost accounting procedures of FHWA and MoDOT make this a necessity. See [[#643.2.6_Preliminary_Engineering_Requirements|EPG 643.2.6 Preliminary Engineering]] and [[#643.2.16.2_Construction_Contract_Requirements|EPG 643.2.16.2 Construction Contract Requirements]] for further information.&lt;br /&gt;
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====643.2.9.3.3 Right of Way Costs====&lt;br /&gt;
A detailed estimate of the cost to acquire replacement easements by the utility owner is required. The cost should be supported by a right of way plan.&lt;br /&gt;
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====643.2.9.3.4 Material Costs====&lt;br /&gt;
Quantities, description of the item, the unit cost, and the extended totals are shown. Percentage computations will be shown immediately following &amp;quot;total cost&amp;quot; so the utility owner’s and Commission&#039;s cost obligations are properly indicated. Unit assembly costs similar to those used by several of the rural electric association (R.E.A.) cooperatives are acceptable, provided the same units and charges are used in the utility owner’s regular operations. A handling charge conforming with the utility owner’s regular procedures may also be included.&lt;br /&gt;
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====643.2.9.3.5 Labor Costs====&lt;br /&gt;
Hours, individual or crew rates, and extended totals are shown. Payroll additives such as insurance, retirement, social security, vacation, and other benefits are shown as a separate item under this heading in accordance with utility owner’s regular procedures. Adequate explanation must be given for total percentage used, especially in those cases where materials and labor are combined as unit costs or where labor percentages include additives and equipment requirements.&lt;br /&gt;
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====643.2.9.3.6 Equipment Costs====&lt;br /&gt;
A description of the equipment to be used must be shown jointly with the number of hours to be charged. Rates charged for equipment usage must be justified by the utility owner’s established accounting procedures. When the utility owner does not have an established accounting procedure or a capitalization and depreciation schedule that is used in its own operations, the rates are to be established by using rental rate publications as a guide. A reasonable amount will be deducted, when using rental rate schedules, for profit that the rental company realizes. A full explanation of the methods used in establishing the rates must also be submitted to support the utility owner’s request and with approval of the district utilities staff.&lt;br /&gt;
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Equipment may be rented when the utility owner’s equipment is not available or is inadequate, with the rental rate justified by appropriate solicitation of bids. See [[#643.2.16.2_Construction_Contract_Requirements|EPG 643.16.2 Construction Contract Requirements]] for further information.&lt;br /&gt;
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Unusual accounting procedures may be accepted with adequate prior explanations and approval of the Design Division.&lt;br /&gt;
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====643.2.9.3.7 Removal Costs====&lt;br /&gt;
These costs are estimated and shown in a similar method but separately from installation costs. When removal costs exceed salvage credits by more than the estimated cost of removal by the roadway contractor, an effort should be made to persuade the utility owner to abandon the utility facilities in place. An exception is made when the utility owner is required to remove abandoned utility facilities because of liability, hazard, or by specific agreement with the Commission. Abandoned utility facilities can be included with the miscellaneous removals in the roadway contract. It may be possible for the utility owner to remove those portions of the utility facility for which credits will exceed removal costs, with the remainder of the utility facility to be abandoned for removal in the roadway contract. Materials removed must be itemized, with the utility owner’s customary salvage credit given. Items to be scrapped or junked should be indicated. Whenever a utility facility or portion thereof is shown to be abandoned on the plan of adjustment, the roadway plans should be notated accordingly. This eliminates ownership problems if these utility facilities are removed or salvaged by the roadway contractor.&lt;br /&gt;
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When the utility facility is no longer needed and removal is necessary to accommodate the roadway project, the removal of the item may be handled either as a right-of way-item or a utility adjustment. When handled as a right of way item, the damages allowed are to equal the depreciated value of the utility facility, with the necessary removals being accomplished by the roadway contractor. If accomplished as a utility adjustment, the Commission, by utility agreement, will reimburse the utility owner for removal costs and receive salvage credit for the material removed, up to but not exceeding removal costs.&lt;br /&gt;
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====643.2.9.3.8 Salvage of Removed Materials====&lt;br /&gt;
This statement, to explain the salvage credit or lack of credit, will reflect routine utility owner policy as well as the particular situation. The utility owner will place a value on any recovered material for salvage. District utilities staff should check this value for reasonableness. Examples of salvage statements include:&lt;br /&gt;
* Existing utility facilities to be abandoned in place, since the cost of salvaging, based on our past experience, will exceed their value.&lt;br /&gt;
* Only those items will be salvaged for which salvage credit will exceed the cost of removal and salvage.&lt;br /&gt;
* Company liability requires removal of the retired utility facilities, even though the cost of removal will exceed allowable credit for salvage.&lt;br /&gt;
* Salvage credits are in accordance with established company accounting procedures.&lt;br /&gt;
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====643.2.9.3.9 Accrued Depreciation Credits====&lt;br /&gt;
Credit is required for the accrued depreciation of a utility facility that is being replaced. Examples are a building, structure, pumping station, filtration plant, power plant, substation, or other similar operational unit. Credit for accrued depreciation will not be required for a segment of the utility&#039;s service, distribution, or transmission lines. It is also not required when the building or structure is being moved as necessitated by the highway project. Acceptable accrued depreciation credit will be determined by using the following formula:&lt;br /&gt;
&amp;lt;math&amp;gt;\frac{\text{Actual Length of Service of Replaced Facility (Years)}}{\text{Total Estimated Service Life of Replaced Facility (Years)}} x&amp;lt;/math&amp;gt;&amp;lt;span style=&amp;quot;font-family: &#039;Times New Roman&#039;, Times, serif; font-size: 130%;&amp;quot;&amp;gt; Original Cost ($) = Credit ($)&amp;lt;/span&amp;gt;&lt;br /&gt;
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====643.2.9.3.10 Betterment Credits====&lt;br /&gt;
Betterment means the upgrading of the utility facility being relocated, made solely for the benefit of and at the election of the utility owner and is not attributable to the roadway improvement. Credit to the Commission is required for the additional costs incurred for the betterments introduced in the adjusted utility facility. No betterment credit is required for additions or improvements which are:&lt;br /&gt;
* Required by the highway project&lt;br /&gt;
* Replacement devices or materials that are of equivalent standards although not identical&lt;br /&gt;
* Replacement of devices or materials no longer regularly manufactured with next highest grade or size&lt;br /&gt;
* Required by law under governmental and appropriate regulatory commission code&lt;br /&gt;
* Required by current design practices regularly followed by the utility owner in its own work, and there is a direct benefit to the highway project&lt;br /&gt;
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====643.2.9.3.11 Overhead Costs====&lt;br /&gt;
Overhead costs are usually a percentage of the total labor cost. This item must be in accordance with the utility owner’s established accounting procedures, which in some cases may include handling costs or be a percentage of the total cost of the work involved. Additional attention to overhead costs is required when the rate is different from previously accepted rates. Occasionally, it can be difficult to obtain the necessary information at the time of the estimate to approve the overhead rates. In this situation, the estimate can be approved with exception of the overhead rates for payment. The utility owner is informed of this matter with the understanding that the overhead rates could be approved and paid with submission of appropriate supporting data and Financial Services audit review.&lt;br /&gt;
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====643.2.9.3.12 Prorating Costs====&lt;br /&gt;
The need for prorating utility adjustment costs occurs when both the Commission and the utility owner are responsible for a portion of the utility adjustment necessary to allow for highway construction, and the actual costs for reimbursement in each category cannot be explicitly determined. Generally, the following conditions require division of costs:&lt;br /&gt;
* The adjustment is considered partially reimbursable per [[#643.2.8.3_Shared_Responsibility|EPG 643.2.8.3 Shared Responsibility]]&lt;br /&gt;
* Betterments are included in the necessary adjustment of the utility facility&lt;br /&gt;
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The district utilities staff should negotiate with the utility owner’s representative to determine an equitable basis for the prorating of costs based on the characteristics of the utility adjustment necessary to allow for highway construction.&lt;br /&gt;
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====643.2.9.3.13 Costs Records====&lt;br /&gt;
The estimate should include a statement as to where the utility owner’s cost records may be reviewed. An example: &amp;quot;Company cost records will be available in our office at 2134 Industrial Avenue, Tulsa, Oklahoma&amp;quot;.&lt;br /&gt;
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====643.2.9.3.14 Other====&lt;br /&gt;
Additional statements will explain or further clarify the work that is included. Such other items may include bypasses, special equipment, need for larger utility facilities, etc.&lt;br /&gt;
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==643.2.10 Schedule==&lt;br /&gt;
Timely adjustments of utility facilities are essential for efficient completion of highway construction projects. Ideally, all utility adjustments are completed prior to a project’s Plans, Specifications, and Estimate (PS&amp;amp;E) submittal to Central Office. Depending on the specifics of the highway construction and utility adjustment necessary, early completion of the utility adjustment may not be practical. The district utilities staff should negotiate with the utility owner to determine the schedule parameters necessary for the utility adjustment. At a minimum, the utility owner should document the dates it anticipates starting and completing the work. If a utility adjustment depends upon the completion of a portion of the highway construction, the necessary milestone for starting the utility adjustment should be documented along with an anticipated number of working days to complete the utility adjustment. The schedule is included as Exhibit “C” to the agreement.&lt;br /&gt;
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==643.2.11 Pre-Audits==&lt;br /&gt;
The district utility staff performs a pre-audit review and approval prior to preparation of the agreement. A [https://epg.modot.org/forms/general_files/DE/PreAuditChecklist.docx pre-audit checklist] should be completed and saved in MoProjects.&lt;br /&gt;
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==643.2.12 Utility Agreements==&lt;br /&gt;
Whenever the Commission is responsible for the cost of the necessary adjustments to allow highway construction, an agreement is required. If a Master Reimbursable Utility Agreement (see [[#643.2.12.2_Master_Reimbursable_Utility_Agreements|EPG 643.2.12.2]]) has not been executed with the utility owner, a Project Specific Agreement (see [[#643.2.12.3_Project_Specific_Agreements|EPG 643.2.12.3]]) is executed between the utility owner and the Commission. In some cases, it may be more practical for the Commission to include adjustment of utilities into a Commission administered contract. A Utility Agreement - Actual Cost (For Utility Work That is to be Included in the Missouri Highways and Transportation Commission&#039;s Road Project) (see [[#643.2.12.4_Agreement_for_Utility_Work_Included_in_Roadway_Improvement_Project|EPG 643.2.12.4]]). Agreements include a plan of adjustment (Exhibit “A”), cost estimate (Exhibit “B”), and schedule (Exhibit “C”).&lt;br /&gt;
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The Utility Agreement boilerplate forms have been approved by the Chief Counsel’s Office (CCO). They are identified in the upper left-hand corner of each agreement by an identifier such as CCO Form: UT01 for the Master Reimbursable Utility Agreement. CCO updates these agreements as necessary. They serve as a guide in the preparation of the agreement to be executed with the utility owner for the adjustments required to their utility facilities to accommodate the proposed roadway improvement project. District utilities staff should use the latest version of the agreement found in [https://netprod3.dot.missouri/eAgreements/Search/QuickSearch eAgreements] in drafting an agreement with utility owners. A list of utility agreements and detailed information concerning the sequence for preparing and executing an agreement is available in EPG [[:Category:153_Agreements_and_Contracts|153 Agreements and Contracts]].&lt;br /&gt;
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These forms are to be used word for word. Revisions or additions are only made to address specific project details. The intent of each paragraph must be retained, although specific words may be revised to fit the particular situation. No paragraphs are deleted without prior approval from CCO. For guidance on acceptance of liability, refer to the [[:Category:153_Agreements_and_Contracts#153.1.1.2_Acceptance_of_Liability_Policy_(MoDOT_Access_Only)|Acceptance of Liability Policy]] at the CCO SharePoint page. Drafts of agreements having major revisions or complications are to be submitted, with supporting data, to Design Division for comment and approval.&lt;br /&gt;
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A reference to 23 CFR 645 is included in all agreements. Utility owners must be acquainted with these requirements and procedures. The incorporation of 23 CFR 645 by reference in all agreements eliminates the need for a second set of regulations to be included in the document.&lt;br /&gt;
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The agreement for the adjustment of a utility is prepared by the district utilities staff and submitted to the utility owner for execution. The agreement is based on the plan, estimate of cost which was prepared in accordance with 23 CFR 645, and schedule. Authorized individuals representing the utility owner will execute the agreement. The agreement must be signed, sealed, and if necessary, notarized by the utility owner. If the utility owner does not have or use a corporate seal, write &amp;quot;NO SEAL&amp;quot; under the signatures of the owner’s officers. Agreements with political subdivisions are to be supported by an appropriate ordinance, a copy of which is to be submitted with the executed agreements. All copies will be forwarded to the CCO for further handling. A fully executed copy of the agreement will be retained in eAgreements. If the agreement was executed using electronic signatures, the district utilities staff should forward an electronic copy of the fully executed agreement to the utility owner. If the agreement was executed using wet signatures, one (1) paper copy of the fully executed agreement will be returned by the Commission Secretary’s Office to the district utilities staff. The district utilities staff will forward this copy to the utility owner.&lt;br /&gt;
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===643.2.12.1 Buy America Build America Requirements===&lt;br /&gt;
All agreements contain information on Buy America Build America (BABA) compliance. The utility owner should select the method of certification (See [[#643.2.19_Buy_America_Build_America_for_Utilities|EPG 643.2.19]]) at the time of agreement completion. The appropriate paragraph will be inserted into the agreement. All BABA compliance documents must be retained by the utility owner and made available upon request at no cost to the Commission and/or FHWA.&lt;br /&gt;
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====643.2.12.1.1 Utility Owner Self-Certification====&lt;br /&gt;
The City/Company certifies that when determining products/materials subject to Buy America Build America requirements to use in the performance of this Agreement, it shall use only such products/materials for which it has received a certification from its supplier, or provider of construction services that procures the product/material, certifying compliance with Buy America Build America requirements. This does not include products/materials for which waivers have been granted pursuant to 23 CFR 635.410. The City/Company will not be required to provide the Commission copies of the supplier certification as part of this Agreement or with the final invoice of said Commission’s Federal-Aid Highway Construction Project.&lt;br /&gt;
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====643.2.12.1.2 Vendor/Manufacturer Certification====&lt;br /&gt;
The City/Company certifies that when determining products/materials subject to Buy America Build America requirements to use in the performance of this Agreement, it shall use only such products/materials for which it has received a certification from its supplier, or provider of construction services that procures the product/material, certifying compliance with Buy America Build America requirements. This does not include products/materials for which waivers have been granted pursuant to 23 CFR 635.410. The City/Company shall provide to the Commission all Buy America compliance documents as outlined in the Commission’s Engineering Policy Guide 643. All required compliance documents shall accompany the final invoice submitted to the Commission.&lt;br /&gt;
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===643.2.12.2 Master Reimbursable Utility Agreements===&lt;br /&gt;
The UT01: Master Reimbursable Utility Agreement (MRUA) is a statewide agreement that has been executed by the utility owner and the Commission for all future reimbursable utility adjustments between both parties. Once a MRUA is executed, no other utility agreements are required on design-bid-build projects. The district utilities staff should encourage utility owners to enter into a MRUA with the Commission to reduce potential future delays in executing a project specific agreement. A list of previously executed [https://modotgov.sharepoint.com/sites/DE/Utilities/Agreements/MRUA%20-%20Existing?csf=1&amp;amp;web=1&amp;amp;e=4LJHoa Master Reimbursable Utility Agreements (Modot Access Only)] is available. District utilities staff should add newly executed agreements to this list. The MRUA can be employed as either an actual cost ([[#643.2.12.3.1_Actual_Cost_Agreements|EPG 643.2.12.3.1]]) or lump sum ([[#643.2.12.3.2_Lump_Sum_Agreements|EPG 643.2.12.3.2]]) agreement. When the reimbursable adjustment will utilize a MRUA, the district utilities staff will prepare a MRUA correspondence letter (“letter agreement”) referencing the executed MRUA. A copy of the MRUA correspondence letter should be saved in MoProjects for reference by Financial Services, the district construction office, and the district staff responsible for inspection of utility adjustments. All project specific items such as type of agreement (actual cost or lump sum), plan of adjustment, estimated total cost, cost allocation, and schedule are addressed in the MRUA correspondence letter from the district utilities staff to the utility owner. A flowchart of the MRUA process is available.&lt;br /&gt;
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===643.2.12.3 Project Specific Agreements===&lt;br /&gt;
If a utility owner does not have a MRUA with the Commission, a project specific agreement will be required for every project for which the Commission is responsible for the necessary adjustments to allow highway construction. The project specific agreement will be either an actual cost ([[#643.2.12.3.1_Actual_Cost_Agreements|EPG 643.2.12.3.1]]) or lump sum ([[#643.2.12.3.2_Lump_Sum_Agreements|EPG 643.2.12.3.2]]) agreement.&lt;br /&gt;
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====643.2.12.3.1 Actual Cost Agreements====&lt;br /&gt;
The UT03: Utility Agreement – Actual Cost is used when detailed estimates are not practical or costs appear to be questionable. Details on actual cost estimates can be found at [[#643.2.12.3.1_Actual_Cost_Agreements|EPG 643.2.9.2.1 Actual Cost Estimates]]. Once the final invoice on a UT03 is submitted to Financial Services, district utilities staff should change the status on the agreement in eAgreements to completed.&lt;br /&gt;
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====643.2.12.3.2 Lump Sum Agreements====&lt;br /&gt;
The UT02: Utility Agreement – Lump Sum eliminates the need for keeping detailed records of cost and the auditing of cost records. Estimates of cost must be prepared in detail for use of this agreement. When detailed estimates are not practical or costs appear unreasonable, actual cost agreements are to be used. Use of special forms of agreements, such as &amp;quot;subordination agreements&amp;quot;, which are desired by certain utility owners, is acceptable. These, too, must be revised to cover the particular situation. Details on lump sum estimates can be found at [[#643.2.9.2.2_Lump_Sum_Estimates|EPG 643.2.9.2.2 Lump Sum Estimates]]. Once the final invoice on a UT02 is submitted to Financial Services, district utilities staff should change the status on the agreement in eAgreements to “completed”.&lt;br /&gt;
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===643.2.12.4 Agreement for Utility Work Included in Roadway Improvement Project===&lt;br /&gt;
The UT04: Utility Agreement - Actual Cost (For Utility Work That is to be Included in the Missouri Highways and Transportation Commission&#039;s Road Project) allows for the adjustment to be based on actual cost with the roadway contractor performing the utility work. Caution should be exercised in the type of utilities to be relocated in roadway contracts. Utilities recommended are waterlines and sewer lines. Other utilities, such as gas lines, communication lines, and power lines are to be studied thoroughly before being included in the project.&lt;br /&gt;
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The Transportation Project Manager and district utilities staff must plan ahead to get this work in the roadway contract. The utility owner must agree to include the utility adjustment in the roadway contract. The adjustment may be on highway right of way or on private easement in the name of the utility owner. The utility owner can agree to allow MoDOT’s contractor to work in its easement. However, district utilities staff in consultation with district right of way staff should review the easement documentation to verify the utility owner’s rights to the easement and any limitations on its use. MoDOT’s contractor can work and operate on both Commission right of way and on the utility easement, even when not directly connected to the Commission right of way, as part of the job site. Temporary construction easements may be necessary in addition to the utility easement to ensure adequate working room for the contractor.&lt;br /&gt;
&lt;br /&gt;
:The utility owner may request exemption to any liability for negligence of our contractor working on their easement. The Commission can assume that liability (refer to [[:Category:153_Agreements_and_Contracts#153.1.1.2_Acceptance_of_Liability_Policy_(MoDOT_Access_Only)|Acceptance of Liability Policy]]), but it should be included in the utility agreement if so desired by the utility owner. A Job Special Provision is necessary to require the MoDOT contractor to hold the utility harmless from all claims due to contractor negligence.&lt;br /&gt;
&lt;br /&gt;
Subsurface information, i.e. boring data, etc., should be obtained by the utility owner since it may be needed for the design of the utility adjustment. This information should be included in the plans. If the utility owner must bear all or part of the cost of the adjustment, the utility owner must agree to pay a pre-deposit to the Commission prior to opening bids on the project. This should be in the utility agreement. The pre-deposit will be credited to the &amp;quot;Missouri Highway and Transportation Commission - Local Fund.&amp;quot; Any interest earned in the fund will apply to the cost of the adjustments. The utility agreement will include language that the utility will inspect the installation and assume maintenance of the utility facility after construction. MoDOT will also provide engineering supervision to be sure the road contractor is in compliance with the contract. Utility plans and specifications are to be approved by the owner prior to submittal to the Central Office. The following items will provide minimum information to allow MoDOT’s contractor to bid the work.&lt;br /&gt;
# Individual bid items (not &amp;quot;lump sum&amp;quot;) should be established to promote better bidding and to handle overruns and underruns. Bid items not included on the Computer Stored Bid Item list should be &amp;quot;99&amp;quot; numbers.&lt;br /&gt;
# he bid package must be in our letting format. If the package was prepared by a consultant as if the utility owner were going to let it, all bid bond or bidding procedures must be screened to remove requirements contrary to MoDOT letting requirements. District utilities staff should work with the Transportation Project Manager, Design Liaison Engineer, and Central Office Bidding and Contract Services to ensure this requirement is met.&lt;br /&gt;
# The specifications required by the utility owner should be reviewed for items that could cause a bid problem for our contractor. Items such as non-readily available materials or sizes should be avoided.&lt;br /&gt;
# Utility plan sheets should be .pdf files equivalent to 22 in. x 34 in. It is helpful to have a quantity sheet specifically for utility items.&lt;br /&gt;
# Any special procedures required for the utility installation should be included in the Job Special Provisions.&lt;br /&gt;
# The utility package should be submitted on-time to Central Office with other project plans.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.5 Agreement for a Utility Only Project===&lt;br /&gt;
Any of the above agreements can be modified for a utility only project separate from the roadway project. The utility only project may be done by forces hired by the utility owner or by the Commission. A separate utility only project has distinct advantages when the following occurs:&lt;br /&gt;
* The utility work is extensive&lt;br /&gt;
* It must be performed in accordance with the utility owner’s seasonal requirements&lt;br /&gt;
* It extends beyond the limits of the construction project&lt;br /&gt;
* It must be performed considerably in advance of the roadway contract&lt;br /&gt;
&lt;br /&gt;
Necessary environmental and design work is still required for the limits of the separate utility only project. It may be necessary in these cases to have a second agreement with the utility owner to cover any other work that must be performed concurrently with the roadway contract. These latter agreements will use the roadway construction job number. Early need for utility projects is to be determined at the time when the STIP is updated each year. The utility construction funds will be shown in the year right of way funds are assigned. This will be done whenever possible to secure early adjustment of utility facilities. A request by the district is sent to the Planning Division. Estimated dollar amounts for utility adjustments are needed. These are estimates and do not need to be extremely accurate. When a special utility project is established, it is preferred, if at all possible, to include all the utility adjustments necessary for the entire roadway project. If funds are available, additional agreements can be added to this utility project until the final invoice for the first completed agreement is received for payment.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.6 Supplemental Agreements===&lt;br /&gt;
For utility owners with a UT01 agreement, a supplemental letter agreement documenting the change in the scope or cost of the work is acceptable.&lt;br /&gt;
&lt;br /&gt;
The UT05: First Supplemental Agreement is used to document changes to UT02 and UT03 agreements. If changes to the scope of work occur that are anticipated to exceed $100,000 or 15% of the original agreement, a UT05 is required. If the final invoice on an actual cost adjustment without changes in the scope of work exceeds the limits shown in the table below, a UT05 is required.&lt;br /&gt;
&lt;br /&gt;
{| class=&amp;quot;wikitable&amp;quot; style=&amp;quot;margin-left: 25px; text-align:center&amp;quot;&lt;br /&gt;
! Amount in Original Actual Agreement !! Final Bill Total Exceeds Original Amount by:&lt;br /&gt;
|-&lt;br /&gt;
| 0-$25,000 || 50%&lt;br /&gt;
|-&lt;br /&gt;
| $25,000-$100,000 || 40%&lt;br /&gt;
|-	&lt;br /&gt;
| Exceeds $100,000 || 30%&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
Should multiple UT05s be required with the same utility owner, the UT05 should be modified for additional supplemental agreements. Once the final invoice on an UT05 is submitted to Financial Services, district utilities staff should change the status on the agreement in eAgreements to “completed”.&lt;br /&gt;
&lt;br /&gt;
==643.2.13 Utility Adjustments in Roadway Plans and Job Special Provisions (JSPs)==&lt;br /&gt;
It is the responsibility of the MoDOT Transportation Project Manager (TPM) to ensure utility plans of adjustment are shown on the project plans at the Plan, Specification, and Estimate (PS&amp;amp;E) stage based upon information coordinated by the district utilities staff with the appropriate utility owner.&lt;br /&gt;
&lt;br /&gt;
===643.2.13.1 Plans===&lt;br /&gt;
A legend showing all applicable utility symbols and the names of the utility owners is shown on the first special utility sheet. In the absence of special utility sheets, this information may be shown on the title sheet or the first plan and profile sheet. The following note is required to be placed on the title sheet or the first plan and profile sheet and the first special utility sheet (if used) to inform contractors of the suitability of the utility information contained on the plans.&lt;br /&gt;
&lt;br /&gt;
&amp;quot;The existence and approximate location of utility facilities known to exist, as shown on the plans, are based on the best information available to the Commission at this time. This information is provided by the Commission &amp;quot;as-is&amp;quot; and the Commission expressly disclaims any representation or warranty as to the completeness, accuracy, or suitability of the information for any use. Reliance upon this information is done at the risk and peril of the user, and the Commission shall not be liable for any damages that may arise from any error in the information&amp;quot;.&lt;br /&gt;
&lt;br /&gt;
===643.2.13.2 Job Special Provisions===&lt;br /&gt;
Since the addition of utility information on the plans, supplied by a third party, could subject the Missouri Highway and Transportation Commission to additional liability, a Utility JSP reflecting the status of utility adjustments will be required. The JSP will include the name, address, e-mail address, and telephone number of all utility owner representatives for all utility facilities located on the project. The anticipated adjustment completion date for each utility adjustment is also to be shown based on the agreed upon dates, durations, or completion dates with the utility owner’s representative. This information will inform the bidder of the status of utilities for proper work coordination that could affect the bids for the proposed highway construction project. Status notations will include general notations such as: “N/A”, “Work is in progress”, “Work has not started”, “Work is complete”, and “Work is included in contract.”&lt;br /&gt;
&lt;br /&gt;
===643.2.13.3 PS&amp;amp;E Submittal===&lt;br /&gt;
In the District Final Plans Submittal Checklist (D-12), the TPM should note any issues related to existing utility facilities or the adjustment of utility facilities either shown or not shown on the plans. Projects with “No Utility Impacts” such as some overlays, striping, bridge washing, etc. do not need a Utility Status Letter or Utility JSP. The D-12 is used for these projects. In the D-12, under Project Details – “Utilities”, the note “NO” is selected and under “Status”, select “Clear”. For all other projects, the district utilities staff will write a Utility Status Letter. The TPM will include the Utility Status Letter with the submittal of the final plans to the Design Division. The Utility Status will be defined as:&lt;br /&gt;
# Utility facilities are present, but no conflict is anticipated with the highway construction project. Or,&lt;br /&gt;
# All utility facilities requiring adjustment to allow highway construction have been physically adjusted on the project. Or,&lt;br /&gt;
# Utility construction work is planned or active and will be completed to such a point that no impact will be expected to the highway construction project. The status of this work is defined in the utility JSP. Or,&lt;br /&gt;
# Utility facilities are not expected to be adjusted by the notice to proceed date for the road project, but the utility work will have no impact on the progress of the highway construction project. The status of this work is defined in the utility JSP. Or,&lt;br /&gt;
# Utility facilities must be adjusted after the road contractor completes stage construction or in coordination with the contractors’ work. Details of the coordination effort required of the contractor are defined in the utility JSP to properly advise bidders. Or,&lt;br /&gt;
&lt;br /&gt;
# Utility adjustment plans and specifications are included in the bid documents for the highway construction project. A UT04 agreement must be executed.&lt;br /&gt;
&lt;br /&gt;
==643.2.14 Payment to Utility Companies for Reimbursable Work==&lt;br /&gt;
Authorization and federal funding obligation must be approved prior to incurring costs. This applies to all types of work on utility facilities including preliminary engineering. An obligation is a commitment by the federal government to reimburse MoDOT for the federal share of a project’s eligible cost.&lt;br /&gt;
&lt;br /&gt;
===643.2.14.1 Obligation Process===&lt;br /&gt;
Federal funding can be used with both lump sum and actual cost agreements. After the utility agreement is fully executed, the district utilities staff will email a copy of the utility agreement or the letter agreement referencing the MRUA to the email group OBLIGATE. This email should request the authorization authority for use of federal funds and to be informed of a Notice to Proceed (NTP) (see [[#643.2.15_Notice_to_Proceed|EPG 643.2.15]]) date by Financial Services once federal funding has been obligated. District utilities staff should allow three (3) weeks to receive the NTP. Financial Services will use Advance Construction (AC) funding to fund reimbursement to utility owners. With AC funding, state funds initially are used to pay for reimbursement to utility owners. Once construction is complete, with appropriate documentation of the work via the [https://epg.modot.org/forms/general_files/DE/C-9.docx C-9] and [https://epg.modot.org/forms/general_files/DE/C-13.docx C-13], Financial Services will convert to federal funding.&lt;br /&gt;
&lt;br /&gt;
===643.2.14.2 Preliminary Engineering===&lt;br /&gt;
On occasion, preliminary engineering (PE) may need to be undertaken by the utility owner prior to the execution of a utility agreement. If a utility owner has a MRUA, an estimate of the cost of the PE work by the utility owner may be used to obligate funding for preliminary engineering under the MRUA as a PE only letter agreement. If a lump sum or actual cost agreement will be required with the utility owner for the project, district utilities staff should do two (2) agreements with one agreement covering PE only, and once a design for the adjustment is obtained, a second agreement for the construction of the adjustment should be executed. If a separate PE only agreement is obtained, NTP will need to be issued twice to the utility owner: once for PE and once for construction.&lt;br /&gt;
&lt;br /&gt;
===643.2.14.3 Right of Way===&lt;br /&gt;
Once Notice to Proceed has been given, the utility owner may begin the right of way acquisition process. If the utility owner needs to acquire right of way prior to a full agreement for relocation has been negotiated, the agreement specifically for the acquisition of right of way should be executed. This agreement will be sent to Financial Services to begin the obligation process.&lt;br /&gt;
&lt;br /&gt;
===643.2.14.4 Construction===&lt;br /&gt;
Payment to utility owners for construction of the adjustment may occur in a number of phases.&lt;br /&gt;
&lt;br /&gt;
====643.2.14.4.1 Prepayment====&lt;br /&gt;
Per the utility agreement, the Commission allows utility owners to be prepaid prior to commencing work. The district utilities staff may negotiate the prepayment if the utility owner is receptive. The utility owner will submit a request for prepayment with an invoice prior to any prepayment. Route, county, and job number must be included in the request. The district utilities staff will submit a request to Financial Services with a copy saved in MoProjects for future reference by the district staff responsible for inspection of the utility adjustment.&lt;br /&gt;
&lt;br /&gt;
====643.2.14.4.2 Progress Payments====&lt;br /&gt;
If a utility owner has not been prepaid the entire estimated amount in the utility agreement, then the utility owner may request progress payments after completing a portion of the proposed work, including PE.&lt;br /&gt;
&lt;br /&gt;
Progress payments for PE by consultants should not exceed the &amp;quot;maximum not to exceed amount&amp;quot; shown in the cost estimate unless additional costs are approved first by district utilities staff.&lt;br /&gt;
&lt;br /&gt;
For progress payments, the utility owner is required to submit only a summary of work and materials for which payment is claimed, not a detailed billing. District utilities staff should check only to be sure that sufficient work has been done to justify making the requested payment. Payment should be made for allowable costs incurred up to the date of the progress payment request.&lt;br /&gt;
&lt;br /&gt;
Progress payment invoices do not relieve the utility owner of the responsibility of submitting one complete and final invoice upon completion of the adjustment. The utility owner’s address must be shown on the invoice. The district utilities staff should submit progress payment invoices and applicable C-9s to Financial Services within one (1) week of receipt of invoice.&lt;br /&gt;
&lt;br /&gt;
One copy of the progress payment and one copy of the district utilities staff letter of recommendation must be sent to Financial Services for payment and be stored in MoProjects. The cover memo should include the project number, route, county, actual cost or lump sum utility agreement, Commission obligation percentage, total cost estimate of Commission obligation, and indicate the progress payment number, i.e., progress payment number 1, 2, 3, etc. If more than one progress payment is requested by the utility company, the district should submit progress payment bills to Financial Services in the following format:&lt;br /&gt;
{| class=&amp;quot;wikitable&amp;quot; style=&amp;quot;margin-left: 25px; text-align:center&amp;quot;&lt;br /&gt;
! Payment !! Amount&lt;br /&gt;
|-&lt;br /&gt;
| Progress Payment #1 || $50,000&lt;br /&gt;
|-&lt;br /&gt;
| Progress Payment #2 || 10,000&lt;br /&gt;
|-	&lt;br /&gt;
| Total Payment to Date || $60,000&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
This format will help clarify payment history with the utility owner. Progress payments for actual cost utility agreements may not exceed the Commission&#039;s total estimated cost shown in the agreement. However, if the request for a progress payment exceeds the original estimate, a change order with explanation should accompany the request. (See [[#643.2.16.5_Change_Orders|EPG 643.2.16.5 Change Orders]].)&lt;br /&gt;
&lt;br /&gt;
====643.2.14.4.3 Final Payment====&lt;br /&gt;
Utility owners are required to submit a detailed final invoice to MoDOT for all actual cost reimbursable utility work and for any lump sum reimbursable utility work that was not prepaid. For prepaid lump agreements, the utility owner must submit a zero-dollar ($0) invoice to demonstrate the work has been completed. After the utility work has been fully completed, the district utilities staff responsible for inspection should send the utility owner a “60 Day” [https://epg.modot.org/forms/general_files/DE/FinalInvoiceLetter.docx Final Acceptance Letter] requesting a complete final invoice within 60 days, as detailed in the utility agreement. If the final invoice is not received from the utility owner within 30 days, then a follow up letter should be sent (i.e., “30 Day” [https://epg.modot.org/forms/general_files/DE/FinalInvoiceReminderLetter.docx Reminder Final Invoice Letter]) reminding the utility owner of its obligation to submit a final invoice within 60 days of the completed work. If a final invoice from the utility owner is not received within this timeframe, then the district utilities staff should contact the Design Liaison Engineer for guidance on how to close out the work.&lt;br /&gt;
&lt;br /&gt;
The district utilities staff is expected to check the final bill within two (2) weeks after receipt in as much detail as possible against the C-9. It is their responsibility to verify from field records the quantities of labor, equipment, material used, material retired, and to justify all changes made. If the utility owner’s contractor made the adjustment at unit cost prices, then it is the district utility staff’s responsibility to verify the number of units completed and not the hours of labor and equipment. It is also important for the utility owner to show the words “final bill” or “final invoice” on the last bill, in order for MoDOT to understand that no additional charges will be made on the adjustment. The final bill must show a general description of the utility adjustment, the highway project number, the date on which work was completed or last item of billed expense was incurred, and the location where records can be audited. The order of items in the final statement should follow as closely as possible the order of items in the original estimate. A summary, on the utility owner’s letterhead, of the total cost of preliminary engineering, construction engineering, right of way, labor, overhead, construction travel expense, transportation, equipment, materials, supply, handling, and salvage credits should be shown in a way that will permit direct comparison with the approved estimate from the original or supplemental agreements (see [[#643.2.12.6_Supplemental_Agreements|EPG 643.2.12.6]]).&lt;br /&gt;
&lt;br /&gt;
If the Actual Cost final invoice shows a much higher cost than the original estimate without scope change, the utility owner is required to give reasons in a letter to the district utilities staff explaining why the invoice cost increased. When the Actual Cost final invoice exceeds the amount shown in the table in [[#643.2.12.6_Supplemental_Agreements|EPG 643.2.12.6]], a supplemental agreement is required.&lt;br /&gt;
&lt;br /&gt;
When the district utilities staff has determined that the final invoice is accurate, the C-13 should be completed. Once the C-13 is completed, the C-13 and the final invoice from the utility owner are forward to Financial Services. For Actual Cost agreements, the C-9s should also be included in this transmittal. If no additional payments are required, the district utilities staff should note this in the transmittal as well. If the final invoice indicates previous payments to a utility owner exceeded the final invoice, the utility owner will need to send MoDOT a check for the overpayment amount. The check should be made payable to Director of Revenue – Credit State Road Fund. If the utility owner did not send MoDOT an overpayment check with the final invoice, district utilities staff should send a letter to the utility owner requesting the refund amount. Submittal of the final invoice to Financial Services should not occur until repayment has been received. The submittal to Financial Services should note the receipt of the repayment check.&lt;br /&gt;
&lt;br /&gt;
==643.2.15 Notice to Proceed==&lt;br /&gt;
For PE only, once an agreement has been executed, and Financial Services has advised that authorization from FHWA has been received, district utilities staff will issue a notice to proceed (NTP) letter to the utility owner for the PE. For agreements that include PE and construction or once a final agreement for construction has been executed, right of way clearance has been issued, and Financial Services has advised that authorization from FHWA has been received, the district utilities staff will issue NTP to the utility owner for construction. See [https://epg.modot.org/forms/general_files/DE/NoticeToProceedExampleLetter.docx Example of Notice to Proceed Letter]. If salvage credit is part of the agreement with the utility owner, the NTP letter should include a statement that the utility owner will need to inform district utilities staff of the time and place that inspection may be made of the removed material. The utility owner may be held accountable for full value of materials disposed without proper notice. Utility owners may purchase materials prior to NTP for construction; however, no other work on the adjustment necessary to allow highway construction may begin prior to NTP for construction. The utility owner, for reasons of planning their workload or due to seasonal situations, may request early authorization to perform the work. This request, with the district utilities staff recommendations, is sent to the Design Liaison Engineer for further handling, approval, and advancement of the necessary funds. A copy of the NTP should be saved in MoProjects. If a utility owner begins adjustments prior to NTP for construction, district utilities staff should notify the utility owner immediately in writing that reimbursement will not be made for work done prior to NTP for construction.&lt;br /&gt;
&lt;br /&gt;
==643.2.16 Construction of Utility Adjustments==&lt;br /&gt;
===643.2.16.1 Utility Owner Self-Perform===&lt;br /&gt;
As per 23 CFR 645.115 Construction, it may be cost-effective for certain utility adjustments to be performed by a utility owner with its own internal forces and equipment, provided the utility owner is qualified to perform the work in a satisfactory manner. This cost-effectiveness finding covers minor work on the utility owner’s existing utility facilities routinely performed by the utility owner with its own forces.&lt;br /&gt;
&lt;br /&gt;
===643.2.16.2 Construction Contract Requirements===&lt;br /&gt;
When the utility owner is not adequately staffed and equipped to perform such work with its own forces and equipment at a time convenient to coordination with the associated highway construction, such work may be done one of four ways for utility adjustments:&lt;br /&gt;
# MoDOT can provide the construction services, via awarded contract to the lowest qualified bidder based on appropriate solicitation. This can be done by including the adjustment work in the roadway improvement project ([[#643.2.14_Payment_to_Utility_Companies_for_Reimbursable_Work|EPG 643.2.12.4 Utility Agreement for Utility Work Included in Roadway Improvement Project]]) or by having a utility only project ([[#643.2.12.5_Agreement_for_a_Utility_Only_Project|EPG 643.2.12.5 Utility Only Project]]).&lt;br /&gt;
# The utility owner can award a construction contract to the lowest qualified bidder based on appropriate solicitation.&lt;br /&gt;
# The utility owner can utilize an existing continuing contract, provided the costs are reasonable (see [[#643.2.9.1_Independent_Cost_Estimate|EPG 643.2.9.1 Independent Cost Estimate]]).&lt;br /&gt;
# The utility owner can contract for low-cost incidental work, such as tree trimming and the like, without competitive bidding, provided the costs are reasonable (see [[#643.2.9.1_Independent_Cost_Estimate|EPG 643.2.9.1 Independent Cost Estimate]]).&lt;br /&gt;
&lt;br /&gt;
When a utility owner chooses option 2 to award its own new construction contract, the utility owner must provide the following documents and information to the district utilities staff. These documents need to be provided as soon as the utility owner has chosen to pursue a construction contract. Document 1 must be supplied by all utility owners. Documents 2 and 3 are only required when the utility owner is a local government agency who is also a political subdivision of the state of Missouri (e.g., city-owned utilities, county-owned utilities). All other utility owners are encouraged, but not required, to provide Documents 2 and 3.&lt;br /&gt;
# A statement that the utility owner is not staffed or able to perform the required construction activities with its own forces.&lt;br /&gt;
# A copy of the request for proposal used to secure bids.&lt;br /&gt;
# A list of a minimum of 3 bidders whom they believe can do the work. &#039;&#039;&#039;Political subdivisions are required to advertise for the work&#039;&#039;&#039;.&lt;br /&gt;
# Upon review of these documents, the district utilities staff will advise the utility owner to proceed with the solicitation of bids, but the utility owner will not be permitted to award the contract without the concurrence of district utilities staff. For lump sum agreements, approval of contract work and subcontract work is not required.&lt;br /&gt;
&lt;br /&gt;
The following documents need to be provided as soon as the utility owner has determined the lowest qualified contractor and would like to award the project. Document 1 must be supplied by all utility owners. Document 2 is only required when the utility owner is a local government agency who is also a political subdivision of the state of Missouri (e.g., city-owned utilities, county-owned utilities). All other utility owners are encouraged, but not required, to provide Document 2.&lt;br /&gt;
# The name address of the lowest qualified contractor.&lt;br /&gt;
# The tabulation of bids received and other information to support their recommendation for award to the lowest qualified bidder.&lt;br /&gt;
&lt;br /&gt;
The district utilities staff will review and approve the utility owner&#039;s bid information prior to the award of the contract. The Design Liaison Engineer is available to assist the district with review of bid information if necessary. Once the district utilities staff provides concurrence, the utility owner may proceed with awarding the contract. When the utility owner is a local government agency who is also a political subdivision of the state of Missouri (e.g., city-owned utilities, county-owned utilities), a copy of the executed contract must be shared with the district utilities staff. All other utility owners are encouraged, but not required, to provide a copy of the executed contract.&lt;br /&gt;
&lt;br /&gt;
A [https://epg.modot.org/forms/general_forms/DE/UtilityConsultantContractChecklist.docx checklist is available for reviewing contracts] to ensure the contract conforms to MoDOT policy and complies with applicable federal regulations.&lt;br /&gt;
&lt;br /&gt;
When a utility owner chooses to utilize an existing continuing contract, the utility owner will submit a copy of the contract to the district utilities staff. The district utilities staff will review the contract for reasonableness of cost. If district utilities staff and the utility owner’s representative cannot agree on the reasonableness of cost, then the utility owner will be required to award a new construction contract.&lt;br /&gt;
&lt;br /&gt;
===643.2.16.3 Inspection===&lt;br /&gt;
The degree of inspection needed for utility adjustments will vary considerably with the nature and location of the work and whether the Commission is responsible for any portion of the cost of reimbursement. Judgment must be used regarding the manner and regularity of inspection duties. Some phases of the work require a very close check to ensure that the highway will not be adversely affected and to ensure satisfactory performance of work in accordance with the agreement and plans. The degree of inspection may vary from spot checking of overhead installations to continuous close observation of backfilling trenches beneath proposed pavement, embankment area, or adjacent to bridge abutments. Proper inspection can ensure that the utility adjustment is completed as efficiently as possible to minimize future impacts to the utility facility and the highway construction project. A [https://epg.modot.org/forms/general_files/DE/UtilityFieldInspectionChecklist.docx Field Inspection Checklist] to assist district utilities staff responsible for inspection is available.&lt;br /&gt;
&lt;br /&gt;
If it is found that any actual cost reimbursable utility adjustment is being performed by unapproved contractors, district utilities staff should direct the work to stop. The utility owner’s representative should be informed immediately and should be advised in writing that the costs incurred by an unapproved contractor are not eligible for reimbursement under provisions of the agreement. The district utilities staff can take appropriate steps to approve a subcontract and advise when the utility owner can recommence work.&lt;br /&gt;
&lt;br /&gt;
===643.2.16.4 Documentation===&lt;br /&gt;
All documents related to the construction of the utility adjustment necessary to allow highway construction should be stored in MoProjects.&lt;br /&gt;
&lt;br /&gt;
Construction records must be kept to confirm that work is done in accordance with the terms of the agreement and in the manner proposed in the plans. The importance of a complete and accurate record cannot be overemphasized. Detailed records are necessary to support the recommendation for payment of the final invoice. A complete, separate daily record must be kept on each actual cost adjustment and submitted for review when the final invoice is recommended for payment. This district utilities staff responsible for inspection should complete the Daily Utility Report (C-9).&lt;br /&gt;
&lt;br /&gt;
====643.2.16.4.1 Utility Reports====&lt;br /&gt;
The Daily Utility Report ([https://epg.modot.org/forms/general_files/DE/C-9.docx Form C-9]) and the Final Utility Report ([https://epg.modot.org/forms/general_files/DE/C-13.docx Form C-13]) are used for documenting utility adjustments necessary to allow highway construction. The use of C-9s and C-13s will vary with method of reimbursement. For utility adjustments necessary to allow highway construction that overlap with the highway contractor’s work, progress records should be kept as necessary to coordinate the highway and utility construction activities. Sufficient records must be maintained to check and verify the items of labor, equipment, materials, and salvaged items as submitted on the final invoice.&lt;br /&gt;
&lt;br /&gt;
=====643.2.16.4.1.1 Daily Utility Report (C-9)=====&lt;br /&gt;
C-9s are only required for actual cost agreements. The district utilities staff responsible for inspection must in all cases keep records to document inclement weather, down time, and verbal authorization for minor changes. The district utilities staff responsible for inspection must complete a C-9 documenting the number and classification of employees and number of hours worked. Records of material used and of retired materials returned to stock or scrapped must be kept. The utility owner’s major items of equipment must also be recorded. When work is done by the contract method based on unit prices, the district utilities staff responsible for inspection should ascertain that units of work as provided in the bid proposal are measured and recorded to form a basis for checking the final invoice. C-9s should list the location and the number of units of work accomplished for that period. If contract labor or equipment is used by a utility owner on the basis of a bid per hour, per day, etc., it will be necessary to keep records on this labor or equipment time in the same manner as if the utility owner were performing the work with its own internal forces. District utilities staff responsible for inspection should also note all contractors working for the utility owner and the contractor approval authorization dates given in the agreement.&lt;br /&gt;
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=====643.2.16.4.1.2 Final Utility Report (C-13)=====&lt;br /&gt;
C-13s summarize that the utility adjustment work that was done in accordance with the agreement and plans, the percentage of total cost that is the responsibility of the Commission, and any progress payments that have been made. A C-13 is required for both actual cost and lump sum agreements. The requested numbers shown on line 9 (Commission Estimated Cost) and line 10 (Amount of Final Bill) in the report are the Commission’s total responsibility.&lt;br /&gt;
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====643.2.16.4.2 Breakdown and Emergency====&lt;br /&gt;
When breakdown and emergency situations occur, prior approval by MoDOT is not required for contract or equipment rental work unless the cost or period of time will be extensive. The utility owner should furnish a letter as soon as possible to explain the situation and set out the estimated costs involved. The district utilities staff’s records should substantiate the need and the changes for personnel and equipment.&lt;br /&gt;
&lt;br /&gt;
====643.2.16.4.3 Stop Work====&lt;br /&gt;
If at any point, a stop work order is given by MoDOT to a utility owner, written documentation of the stop work order should be saved in MoProjects.&lt;br /&gt;
&lt;br /&gt;
===643.2.16.5 Change Orders===&lt;br /&gt;
Any change in the plan of adjustment should be documented in writing to the utility owner as a change order. If the change order is anticipated to exceed $100,000 or 15% of the original agreement amount, district utilities staff should negotiate a supplemental agreement with the utility owner’s representative. Once a supplemental agreement is in place, district utilities staff should contact Financial Services to obtain an adjustment of the obligation mid-project. Change orders without supplemental agreements will be settled once the project is complete.&lt;br /&gt;
&lt;br /&gt;
====643.2.16.5.1 Actual Cost Agreement====&lt;br /&gt;
Slight modifications in quantities or the addition of minor items not included with the original agreement do not require a supplemental agreement. However, such changes should be documented in writing with the utility owner. A supplemental agreement is needed if costs exceed the above threshold or if there is a change in the percentage of cost that is the Commission’s responsibility on an agreement with shared responsibility for costs. Intermediate partial payments cannot be made on items in a supplemental agreement until the supplemental agreement is approved.&lt;br /&gt;
&lt;br /&gt;
====643.2.16.5.2 Lump Sum Agreement====&lt;br /&gt;
A supplemental agreement to a Lump Sum Agreement is only required for significant changes in the scope of work of the utility adjustment necessary to allow highway construction. Normal overruns are not considered as changes in approved work and will not be reimbursed. Significant changes in the scope of work on utility adjustments necessary to allow highway construction cannot be done until the supplemental agreement is approved, and the adjustment in obligation of funds is complete.&lt;br /&gt;
&lt;br /&gt;
==643.2.17 Utilities during Highway Construction==&lt;br /&gt;
The contractor is responsible for having utilities located by contacting Missouri One-Call (811) prior to any excavation on the project. A reminder of this responsibility should be made at the preconstruction meeting.&lt;br /&gt;
&lt;br /&gt;
===643.2.17.1 Preconstruction Meeting (Pre-Con)===&lt;br /&gt;
District utilities staff should be invited to all pre-cons.&lt;br /&gt;
&lt;br /&gt;
Pre-cons fall into three categories relating to utilities:&lt;br /&gt;
# No utility adjustments are anticipated within the project limits,&lt;br /&gt;
# All utility adjustments completed prior to the pre-con, and&lt;br /&gt;
# All utility adjustments not completed prior to the pre-con.&lt;br /&gt;
&lt;br /&gt;
====643.2.17.1.1 No Utility Adjustments Anticipated within the Project Limits====&lt;br /&gt;
For projects without a Utility Job Special Provision (JSP), no involvement of the utility owners is required at the pre-con. For projects with a Utility JSP, the Resident Engineer (RE) should invite all utility owner representatives listed in the JSP with known required adjustment to the pre-con. The RE should review potential impacts of the highway construction project with the contractor and the utility owner.&lt;br /&gt;
&lt;br /&gt;
====643.2.17.1.2 All Utility Adjustments Completed Prior to the Pre-Con====&lt;br /&gt;
The RE should invite all utility owner representatives listed in the JSP with known required adjustment to the pre-con. The RE should review potential impacts of the highway construction project with the contractor and the utility owner. A general discussion should highlight the previous adjustments made by the utility owner and what abandoned utility facilities the contractor may encounter.&lt;br /&gt;
&lt;br /&gt;
====643.2.17.1.3 All Utility Adjustments Not Completed Prior to the Pre-Con====&lt;br /&gt;
It is important for the RE and inspector to understand the utility owner’s work schedule and how it relates to the contractor’s work schedule. During the pre-con, the schedule of the utility owner and highway construction contractor should be discussed, and conflicts should be addressed to allow utility adjustments and highway construction to progress as near to the proposed schedule as possible. On large-scale projects that have many utility issues to address that could impact the work of the highway construction contractor, it may be necessary to have a separate pre-con with utility owner representatives.&lt;br /&gt;
&lt;br /&gt;
===643.2.17.2 Coordination Meetings===&lt;br /&gt;
When the utility work will not be completed soon after the preconstruction meeting, the RE should meet with district utilities staff, the highway construction contractor, and the utility owner representatives on a regular basis to discuss utility coordination issues, so expectations from all parties are known and conveyed clearly. The utility owner may need some work performed by MoDOT or the highway construction contractor prior to completing their adjustments. (Examples include: survey staking of right of way or proposed facilities, trees cleared, grading performed, or new structures built).&lt;br /&gt;
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==643.2.18 Service Drops==&lt;br /&gt;
Power and communication services provided by utility owners are necessary for the operation of the highway system. These services may include power to traffic signals, lighting, or ITS devices; power for cathodic protection; or telecommunication services to signal controllers or ITS devices. The project design teams should work with district utilities staff to identify proper locations for the applicable utility owners to provide these services. Various utility owners have different requirements for this process. The district utilities staff is encouraged to develop a workable relationship with the utility owners who provide these services to MoDOT. The costs of installing the services charged by the utility owner are considered a non-contractual item and should be accounted for in the project’s budget in the STIP. The proposed location and method for the service drops should be shown on the roadway plans. District utilities staff should meet with the utility owner’s representative to ensure the proposed location can be accommodated by the utility owner. For electrical service connections, the power supply assembly is ideally located a maximum of ten feet (10’) from the source location. Plans submitted for PS&amp;amp;E should reflect the agreed upon location for all service connections. During construction, district utilities staff and district construction staff should work together to ensure the placement of the services is consistent with the project plans. Payment for the service drops should be invoiced by the utility owner to the district. District utilities staff is responsible for submission of the invoice directly to Financial Services for payment noting the non-contractual charges for the project.&lt;br /&gt;
&lt;br /&gt;
==643.2.19 Buy America Build America for Utilities==&lt;br /&gt;
FHWA’s Buy America Build America (BABA) policies require a domestic manufacturing process for all steel or iron products, other construction materials, and manufactured products that are permanently incorporated into Federal-Aid Highway construction projects, including products and materials used for adjustments to utility facilities to allow highway construction. These guidelines are for all federally reimbursable transportation projects where FHWA is the lead federal agency; it does not take precedence over projects where Federal Transit Administration or the Federal Railroad Administration is deemed the be the lead federal agency.&lt;br /&gt;
&lt;br /&gt;
===643.2.19.1 Program Requirements for Utilities===&lt;br /&gt;
All MoDOT projects are federal-aid projects, and therefore, all reimbursable utility adjustments are required to follow the provisions of BABA. More information on MoDOT’s BABA policy and procedures can be found in [[106.9_Buy_America_Requirement|EPG 106.9 Buy America Requirement]]. Specifically, utility owners should be aware of the following procedures for determining applicability of the EPG 106.9 requirements to reimbursable utility adjustments necessary to allow highway construction:&lt;br /&gt;
* BABA does not apply when materials are relocated from one location to another within the project limits.&lt;br /&gt;
* BABA does not apply for materials necessary for temporary utility adjustments assuming materials are removed from the right of way upon completion of the utility adjustment to allow highway construction.&lt;br /&gt;
* Non-reimbursable work must be kept separate from reimbursable work (agreements, permits, etc.) in order to not be subject to BABA.&lt;br /&gt;
&lt;br /&gt;
===643.2.19.2 Certification Requirements for Utilities===&lt;br /&gt;
Utility owners have the option of choosing either to self-certify BABA compliance or provide vendor/manufacturer certification to MoDOT. The method of certification is chosen by the utility owner and is documented in either the MRUA or the project specific agreement. Regardless of agreement type or certification method, the utility owner must be compliant with BABA requirements.&lt;br /&gt;
&lt;br /&gt;
====643.2.19.2.1 BABA Utility Owner Self-Certification====&lt;br /&gt;
If a utility owner chooses to self-certify BABA compliance, the utility owner is not required to provide MoDOT copies of the supplier certification as part of the project documentation or with the final invoice for any reimbursable utility adjustment necessary to allow highway construction. Retention of all documents should be as described in the agreement.&lt;br /&gt;
&lt;br /&gt;
====643.2.19.2.2 BABA Vendor/Manufacturer Certification====&lt;br /&gt;
If a utility owner chooses to use vendor/manufacturer certification, the utility owner will supply MoDOT BABA compliance from all vendors and/or manufacturers. Certification from vendors will be signed by an authorized representative of the vendor on company letterhead or other acceptable documentation and will declare that all supplied materials subject to BABA requirements are fully compliant. Certification from iron or steel manufacturers must be in the form of a mill test report (MTF) issued and signed by the initial fabricator stating the materials subject to BABA were melted and manufactured in the United States. Other written statements on company letter or other acceptable documentation signed by an authorized representative of the manufacturer for any additional treatment to the fabricated material (such as blasting, galvanizing, painting, or coating) will state that all treatment processes occurred in the United States according to FWA guidelines. Retention of all documents should be as described in the agreement. Manufacturer certification for manufactured products or construction materials will state that all materials were sourced from the United States and were fabricated in the United States. Retention of all documents should be as described in the agreement.&lt;br /&gt;
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&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643.3 Reserved for Future Use &#039;&#039;PAGE TITLE&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;&lt;br /&gt;
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&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643.4 Railroads (NO CHANGE) &#039;&#039;PAGE TITLE&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;&lt;br /&gt;
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==236.5.12 Excess Land Conveyances &amp;amp; Relinquishments - Utilities==&lt;br /&gt;
All conveyances and relinquishments of Commission-owned property shall be evaluated for the existence of any utility facilities located within the areas to be conveyed or relinquished. A conveyance or relinquishment of Commission-owned property may have implications to the utility facilities, and the utility owners, when the Commission no longer controls the property. It is important to maintain the continuity of utility facilities for the general public; therefore, to identify and minimize potential impacts, MoDOT shall involve utility owners in the conveyance and relinquishment processes.&lt;br /&gt;
&lt;br /&gt;
===236.5.12.1 Excess Land Conveyances Utilities===&lt;br /&gt;
MoDOT shall only recommend that a property be declared excess upon satisfactorily addressing the utility impacts. Whether MoDOT or an external party initiates the conveyance of excess property, utility impacts shall be adequately addressed by using one of the following methods: &lt;br /&gt;
:1. Each utility facility will be relocated by permit into a new utility corridor retained by the Commission.&lt;br /&gt;
:2. Each utility facility will remain in place with the benefit of a non-exclusive permanent utility easement.&lt;br /&gt;
::&#039;&#039;If the Commission holds fee simple title to the property, the Commission shall convey a non-exclusive permanent utility easement to each utility owner&#039;&#039;.&lt;br /&gt;
::&#039;&#039;If the Commission holds a less than fee simple title interest in the property, MoDOT shall facilitate the conveyance of a non-exclusive permanent utility easement from the party acquiring the property to each utility owner&#039;&#039;.&lt;br /&gt;
:3. Each utility facility will be relocated to another portion of the property being conveyed.&lt;br /&gt;
::&#039;&#039;If the Commission holds fee simple title to the property, the Commission shall convey a non-exclusive permanent utility easement to each utility owner&#039;&#039;. &lt;br /&gt;
::&#039;&#039;If the Commission holds a less than fee simple title interest in the property, MoDOT shall facilitate the conveyance of a non-exclusive permanent utility easement from the party acquiring the property to each utility owner&#039;&#039;.&lt;br /&gt;
:4. Each utility facility will be relocated onto a portion of the property already owned by the party acquiring the Commission-owned property, with the benefit of a non-exclusive permanent easement. (MoDOT shall facilitate the conveyance of a non-exclusive permanent utility easement from the party acquiring the property to each utility owner.)&lt;br /&gt;
:5. A three-party negotiated settlement taking into consideration the overall value of the proposed transaction.&lt;br /&gt;
:6. Additional options to address utility impacts may be utilized with approval from the Asst. to the State Design Engineer - Right of Way.&lt;br /&gt;
&lt;br /&gt;
===236.5.12.2 Road Relinquishment Utilities===&lt;br /&gt;
MoDOT shall only recommend the relinquishment of roadways through the [[236.14 Change in Route Status Report|Change in Route Status Report]] upon satisfactorily addressing the impacts to utility facilities. If the roadway will be relinquished to a local public transportation authority, with the intent that it continues to be used as a public roadway, a clause similar to the following shall be included in the deed from the Commission to the local public transportation authority:&lt;br /&gt;
:&#039;&#039;&amp;quot;Grantee, by acceptance of this conveyance, covenants and agrees for itself, its successors and assigns, to allow known or unknown utility facilities currently located on the property, whether of record or not, to remain on the property, and to grant the current and subsequent owners of those facilities the right to maintain, construct and reconstruct the facilities and their appurtenances over, under, and across the land herein conveyed, along with the right of ingress and egress across the land herein conveyed to and from those utilities.&amp;quot;&#039;&#039; &lt;br /&gt;
&lt;br /&gt;
Proposed roadway relinquishments to private entities shall be reviewed in a manner consistent with the conveyance of excess property described in [[236.5 Property Management#236.5.3 Asset Management Committee|EPG 236.5.3 Asset Management Committee]].&lt;/div&gt;</summary>
		<author><name>Hoskir</name></author>
	</entry>
	<entry>
		<id>https://epg.modot.org/index.php?title=User:Hoskir/Revision_Request_4225&amp;diff=58882</id>
		<title>User:Hoskir/Revision Request 4225</title>
		<link rel="alternate" type="text/html" href="https://epg.modot.org/index.php?title=User:Hoskir/Revision_Request_4225&amp;diff=58882"/>
		<updated>2026-06-22T20:52:17Z</updated>

		<summary type="html">&lt;p&gt;Hoskir: /* 643.2.16.2 Construction Contract Requirements */&lt;/p&gt;
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&lt;div&gt;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643 Utility Procedures  &#039;&#039;CATEGORY&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt; &lt;br /&gt;
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| &#039;&#039;&#039;&amp;lt;center&amp;gt;&amp;lt;u&amp;gt;Additional Resources&amp;lt;/u&amp;gt;&amp;lt;/center&amp;gt;&#039;&#039;&#039;&lt;br /&gt;
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| ● [https://www.ecfr.gov/current/title-23/chapter-I/subchapter-G/part-64523 CFR 645]&lt;br /&gt;
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| ● [https://www.sos.mo.gov/cmsimages/adrules/csr/current/7csr/7c10-3.pdf7 CSR 10-30]&lt;br /&gt;
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&#039;&#039;&#039;Utility Accommodation Policy:&#039;&#039;&#039; State DOTs are required to develop policies and procedures pertaining to the use, accommodation, and/or relocation of public and private utility facilities on highway rights-of way using Federal-aid highway funds. State DOTs are required to develop, maintain, and obtain FHWA approval of their Utility Accommodation Policy (UAP) (23 CFR section 645.215). This EPG article 643 and subarticles 643.1 through 643.3 are Missouri Department of Transportation (MoDOT)’s Utility Accommodation Policy. Text in EPG 643 consolidates various federal and state statutes and rules into a single, cohesive, workable policy to outline processes for MoDOT staff and utility owners.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Delegation of Work:&#039;&#039;&#039; Each MoDOT district is responsible for ensuring implementation of the UAP outlined in the subsequent EPG articles. Each district can create its own organization for whom is responsible for the work including between divisions and job titles. Work responsibilities within this article and subarticles are generic where possible. If a specific title is included, that title has sole responsibility for that item of work.&lt;br /&gt;
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&#039;&#039;&#039;643 documents not being used&#039;&#039;&#039;&lt;br /&gt;
[[media:144 Major Highway System 2022.pdf|major routes]]&lt;br /&gt;
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&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643.1 Utility Location  &#039;&#039;PAGE TITLE&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt; &lt;br /&gt;
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The information in this article provides a uniform system for regulating the location, construction, maintenance, removal, and relocation of utility facilities on the right of way of roadways located on the state highway system. It also provides for the facilitation of construction and maintenance of these roadways. Any location or relocation of utility facilities contrary to this information is an interference with the construction, maintenance, or operation of a state highway and its right of way and is prohibited.&lt;br /&gt;
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==643.1.1 Permits==&lt;br /&gt;
All utility owners are required to obtain a permit to work on Missouri Highway and Transportation Commission (Commission) right of way. A permit is required for original installation of the utility facility, on-going maintenance of the utility facility, or adjustments to a utility facility necessary to allow highway construction. Per [[127.29_Stormwater#127.29.4.3_MCM_3:_Illicit_Discharge_Detection_and_Elimination_(IDDE)_Program|EPG 127.29.4.3]], discharges of anything other than stormwater are not permitted. A deposit or bond is required to ensure completion of the work in accordance with the permit issued. An [https://www.modot.org/permits application for a permit] may be made on established forms specifically stating the nature of the work to be performed. Applications for permits may be obtained at any of the [https://www.modot.mo.gov/ seven (7) district highway offices] of the Commission, [https://www.modot.mo.gov/ MoDOT&#039;s website], or by requesting it from the office of the Missouri Highways and Transportation Commission in Jefferson City, Missouri. The application for a permit will specifically state the nature of the work to be performed, what specific type of utility facility is to be installed, and, if necessary, the timeframe of any temporary use. Piping of any type of sewage or waste will only be allowed providing any permitting by a regulatory agency, such as Missouri Department of Natural Resources, can be provided. Prior to obtaining a permit through MoDOT’s permit system, a utility owner will be required to provide a bond to ensure satisfactory work and complete a TR50 Electronic Signature Agreement with the Commission. The name of the utility owner must match on the bond, TR50, and in the permit system. More information on permitting can be found in [[:Category:941_Permits_and_Access_Requests|EPG 941]].&lt;br /&gt;
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===643.1.1.1 Emergency Work===&lt;br /&gt;
When emergency operations work is necessary, the damaged utility facility may be accessed immediately and without a permit by leaving the pavement at such points as may be necessary to effect emergency repairs, provided immediate notice is given to the Missouri State Highway Patrol and the district utilities staff for the district wherein the work will be performed, and a permit for emergency operations is requested immediately upon discovery of the need for emergency operations. A permit for emergency operations work is to be obtained as soon as practical, but in no event later than two (2) working days after the emergency operations work has commenced. Emergency operations include, but are not limited to, unplanned work in response to utility facilities being so damaged as to constitute an emergency situation directly affecting or endangering traffic on the highway or public health or safety.&lt;br /&gt;
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===643.1.1.2 Third-Party Inspection===&lt;br /&gt;
When a utility owner has a large number of projects in a given area or projects involving great complexity, MoDOT reserves the right to limit the number of permits open at any given time. With approval of the district utilities staff, a utility owner may hire a third-party inspector, at their cost. The third-party inspector will allow the utility owner to increase the number of permits open at any given time. The responsibility of the third-party inspector will be to ensure the installation of the utility facility proceeds in a manner consistent with the plans approved in the permit, including all work zone requirements and conformity with MoDOT’s Standards and Specifications. The MoDOT approved third-party inspector will be listed in the permit. MoDOT may audit third-party inspections and revoke the right to use third-party inspections should the inspectors fail to perform their duties.&lt;br /&gt;
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===643.1.1.3 Abandoned Utility Facilities===&lt;br /&gt;
All utility facilities installed in Commission right of way are the property of the utility owner whether the utility facility is active or inactive. MoDOT may allow a utility facility to remain on Commission right of way whether the utility facility was abandoned for a MoDOT project or at the utility owner’s discretion. MoDOT may place requirements (such as removing inactive fiber optic cables, grouting pipes, removing valves) on the utility owner as part of the process of abandoning a utility facility. Liability for damage to Commission right of way due to an abandoned facility remains the responsibility of the utility owner. In the event MoDOT requires the removal of the abandoned utility facility, responsibility for the cost of the removal will be determined per [[643.2_Local_Utility_Adjustments_-_Public_and_Private#643.2.8_Preliminary_Engineering_(PE)_Requirements|EPG 643.2.8]].&lt;br /&gt;
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==643.1.2 Definitions==&lt;br /&gt;
&#039;&#039;&#039;Bridge Attachment:&#039;&#039;&#039; A bridge attachment is any utility facility, including communication lines and electrical lines, or any other utility facility of a similar nature that is fastened to a bridge for the purpose of spanning an obstacle.&lt;br /&gt;
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&#039;&#039;&#039;Clear zone:&#039;&#039;&#039; The total roadside border area starting at the edge of the traveled way, available for safe use by errant vehicles. This area may consist of a shoulder, a recoverable slope, a non-recoverable slope, and/or the area at the toe of a non-recoverable slope available for safe use by an errant vehicle. Clear zone dimensions are provided in the current edition of American Association of State Highway Transportation Officials Roadside Design Guide.&lt;br /&gt;
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&#039;&#039;&#039;Ditch Line:&#039;&#039;&#039; A line where the roadway ditch meets the back slope. It is located at the lowest point of a V-bottom ditch or furthest point from the roadway of a flat bottom ditch where the roadway slopes back to the existing ground line.&lt;br /&gt;
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&#039;&#039;&#039;Duct:&#039;&#039;&#039; An enclosed tubular casing, or raceway, for protecting wires, lines, or cables that is often flexible or semi-rigid (1-3% diametric deflection). The casing, or raceway, is separate from the cable or conductor that passes through it.&lt;br /&gt;
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&#039;&#039;&#039;Encasement:&#039;&#039;&#039; The term encasement means the placing of an installation around and outside of an underground facility consisting of a larger conduit that permits the removal and replacement of the facility. An alternate to the conduit type encasement is reinforced concrete poured around the utility facility. Utility owners are allowed to use any types of material as a carrier and encasement for its facilities as expressly provided for in the permit issued for the installation of the utility facility.&lt;br /&gt;
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&#039;&#039;&#039;Freeway:&#039;&#039;&#039; A divided arterial highway with full control of access.&lt;br /&gt;
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&#039;&#039;&#039;Highway:&#039;&#039;&#039; Any public way for vehicular travel, including the entire area within the right of way and related facilities constructed or improved and maintained by the Missouri Highways and Transportation Commission (MHTC) acting through the Missouri Department of Transportation (MoDOT).&lt;br /&gt;
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&#039;&#039;&#039;Interchange Limits:&#039;&#039;&#039; For the uniform handling of utility installations only, the limits of an interchange are the outside ramp curve points. See [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_1_TypicalInterchangeLimits_AOD.pdf EPG Figure 643.1.1] for an example.&lt;br /&gt;
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&#039;&#039;&#039;Interstate System or Other Freeways/Expressways:&#039;&#039;&#039; Interstate highways and highways with fully controlled access.&lt;br /&gt;
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&#039;&#039;&#039;Major Routes (Interstates, Freeways/Expressways and Principal Arterials):&#039;&#039;&#039; The major highway system is all routes functionally classified as principal arterials. The principal arterial system provides for statewide or interstate movement of traffic. The major roads in Missouri total approximately 5,500 centerline miles.&lt;br /&gt;
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&#039;&#039;&#039;Minor Routes:&#039;&#039;&#039; The minor highway system is all routes functionally classified as minor arterials or collectors. These routes mainly serve local transportation needs. The minor roads in Missouri total approximately 28,400 centerline miles.&lt;br /&gt;
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&#039;&#039;&#039;Normal Right of Way Line:&#039;&#039;&#039; An imaginary line that connects sudden breaks in the major right of way points for roadways. Sight distance right of way points (triangles) at roadway intersections are not to be considered as sudden breaks for determining normal right of way.&lt;br /&gt;
[[File:fig_643.1.2-06_2026.jpg|none|700px|thumb|Figure 643.1.2 Normal Right of Way Line.]]&lt;br /&gt;
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&#039;&#039;&#039;Private Lines:&#039;&#039;&#039; Privately owned utility facilities which convey or transmit the commodities outlined in the definition of utility facility of this section but devoted exclusively to private use.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Scenic Enhancement Areas:&#039;&#039;&#039; Scenic enhancement areas include areas acquired or so designated as scenic strips, overlooks, rest areas, recreation areas, and the right of way of adjacent roadways and the right of way of roadways that pass through public parks and historic sites as described under 23 USC 138.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Utility Corridor:&#039;&#039;&#039; An area established for the placement of utility facilities parallel to the normal right of way line.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Utility Facility:&#039;&#039;&#039; Privately, publicly, or cooperatively owned line, facility, or system for producing, transmitting, or distributing communications, cable television, power, electricity, light, heat, gas, oil, crude products, water, steam, waste, storm water not connected with highway drainage or any other similar commodity, including any fire or police signal system or street lighting system which directly or indirectly serves the public and does not include privately owned facilities devoted exclusively to private use. The term &amp;quot;utility facility&amp;quot; includes those facilities used solely by the utility owner that are a part of its operating plant.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Utility Owner:&#039;&#039;&#039; The utility owner is the utility company, inclusive of any wholly owned or controlled subsidiary, or city or county which owns utility facilities. The term also includes those government agencies that lease a utility facility for its own use or otherwise dedicated solely to governmental use.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Variance:&#039;&#039;&#039; A one- (1-) time deviation from the requirements for location or relocation of utility facilities on the right of way of highways in the state highway system as established in [https://www.sos.mo.gov/cmsimages/adrules/csr/current/7csr/7c10-3.pdf Title 7 Code of State Regulations 10-3], requested by the utility, and approved by a MoDOT District Design Engineer.&lt;br /&gt;
&lt;br /&gt;
==643.1.3 Location of Utility Facilities==&lt;br /&gt;
Utility facilities paralleling the roadway should be installed in the utility corridor except as outlined below. The utility corridor is the space for all utility owners generally within six feet (6’) of the normal right of way line. When considering if the current utility corridor is available to expand from six feet (6’) to as much as twelve feet (12’), MoDOT determines if the expansion is warranted. In making the determination, MoDOT will consider the existing utilization of the original six feet (6’) corridor. Poles must remain within two feet (2’) of the normal right of way line unless approved by a variance. The utility corridor will only be expanded beyond six feet (6’) if the original six feet (6’) corridor is fully utilized and additional space would be required to accommodate additional utility facilities. Acquisition of additional right of way to establish a twelve feet (12’) corridor is not required on highway construction projects. For depths for underground utility facilities, see [[#643.1.4.1_Minimum_Cover_for_Underground_Facilities|EPG 643.1.4.1]].&lt;br /&gt;
&lt;br /&gt;
Utility facilities crossing the roadway should be installed as close to ninety degrees (90°) to the centerline of the roadway as possible and based on the guidelines below depending on the type of roadway. See [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_3_TypicalUtilityCorridor-InterchangeatMajorRoute_AOD.pdf EPG Figure 643.1.3] and [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_4_TypicalUtilityCorridor-InterchangeatMinorRoute_AOD.pdf EPG Figure 643.1.4] for typical utility corridors around interchanges.&lt;br /&gt;
&lt;br /&gt;
===643.1.3.1 Interstate System or Other Major Freeways/Expressways===&lt;br /&gt;
The installation of all utility facilities on highways of the Interstate System or other major freeways/expressways with fully controlled access are to be installed, serviced, and maintained without entering or leaving the roadway and ramps except at points approved by MoDOT for that purpose and without parking any equipment or storing materials upon the medians, roadway and ramps, or shoulders of the roadways. Cutting or damaging the pavement or paved shoulders is not permitted. New service connections to existing parallel utility facilities are to be permitted only where an outer roadway exists and then only where access is permitted by the Commission. Careful consideration will be given to the location of guys, anchors, braces, and other supports. Generally, good design practice will provide that appurtenances be located at right of way jogs, along intersecting road right of way, or at other similar acceptable locations, so that encroachment is held to an absolute minimum.&lt;br /&gt;
&lt;br /&gt;
No utility facilities will be permitted within the interchange limits of an interchange between fully limited access highways where planned or existing. Utility facilities within the interchange limits of an interchange with a non-access controlled highway will be permitted only along the minor road, provided that all construction, service, and maintenance can be performed from the minor road. Manholes and poles must be located beyond the ramp termini.&lt;br /&gt;
&lt;br /&gt;
For structures carrying or over interstates or other major freeways/expressways, see [[#643.1.5_Bridge_Attachment_Policy|EPG 643.1.5]].&lt;br /&gt;
&lt;br /&gt;
====643.1.3.1.1 Utility Facilities Crossing the Interstate or Other Major Freeways/Expressways====&lt;br /&gt;
=====643.1.3.1.1.1 Overhead Crossings of the Interstate or Other Major Freeways/Expressways=====&lt;br /&gt;
Overhead crossings of utility facilities are permitted only for power transmission and distribution lines and for multiple circuit communication lines where an underground installation is not economically feasible. Supports for existing utility facilities crossing overhead may remain on the right of way provided they are near the right of way line regardless of the presence of an outer road. Supports for new overhead utility facilities crossing overhead may be located on the right of way near the right of way line where an outer roadway exists and are to be located off the right of way where no outer roadway exists. Overhead service crossings are only permitted in isolated cases for residential or commercial establishments when the denial of the crossing would require construction of more than 1,200 feet (1,200’) of utility line to provide the service. Main or distribution line crossings are required to serve a general area other than isolated cases.&lt;br /&gt;
&lt;br /&gt;
=====643.1.3.1.1.2 Underground Crossings of the Interstate or Other Major Freeways/Expressways=====&lt;br /&gt;
Underground crossings of utility facilities are to be continuously encased under the pavement, medians, ramps, and shoulders with the casing extending to the toe of the fill slopes or to the ditch line. In curbed sections, encasement should extend outside the outer curb of the roadways a distance equal to the depth of the encasement at the curb line. Where installed by open trench through unpaved areas, detector tape should be placed approximately one foot (1&#039;) above the encasement. Where an interstate or other major freeway has a parallel outer roadway, encasement should be continuous under all roadways within the right of way.&lt;br /&gt;
&lt;br /&gt;
Manholes or vent pipes are to be located at the right of way line or adjacent to the outer roadway.&lt;br /&gt;
&lt;br /&gt;
For fiber optic cable, encasement should extend from within six feet (6&#039;) of one right of way line to within six feet (6&#039;) of the other right of way line.&lt;br /&gt;
&lt;br /&gt;
Exceptions may be made for encasement as listed in [[#643.1.4.2_Exceptions_to_Encasement|EPG 643.1.4.2]].&lt;br /&gt;
&lt;br /&gt;
=====643.1.3.1.1.3 Parallel Installations along the Interstate or Other Major Freeways/Expressways=====&lt;br /&gt;
New parallel installations on the right of way may be permitted only where an outer roadway exists, provided that poles are within two feet (2&#039;) of the normal right of way line and underground utility facilities are within the utility corridor, and provided that the utility facility can be installed and maintained between the outer roadway and the right of way line. Existing overhead or underground utility facilities that parallel an existing roadway which will be incorporated into a completed highway as an outer roadway may remain in place if all maintenance and service can be performed from an outer roadway and the existing location does not interfere with construction, maintenance, or operation of the completed highway. If an existing parallel utility facility needs to be relocated so as to not interfere with the construction, maintenance, or operation of the completed interstate or other major freeway, poles may be located withing five feet (5’) of the right of way line.&lt;br /&gt;
&lt;br /&gt;
Underground utility facilities are expected to be buried within the utility corridor of sight distance triangles (SDTs) at roadway intersections unless granted a variance. Overhead utility facilities may be allowed to span intersecting roadways with SDTs provided the poles, or supports, are located outside the SDT.&lt;br /&gt;
&lt;br /&gt;
=====643.1.3.1.1.4 Sanitary Sewers within the Right of Way of Interstates or Other Major Freeways/Expressways=====&lt;br /&gt;
New installations of sanitary sewers should follow the applicable guidelines for either underground crossings or parallel installations as appropriate. Existing gravity trunk sanitary sewers should be considered individually and removed or left in place contingent upon its age, condition, feasibility of moving, and maintenance access. Encasement of existing trunk sewers left in place may be required for questionable condition, protection during construction, or heavy fills.&lt;br /&gt;
&lt;br /&gt;
Manholes should be relocated to the right of way lines or adjacent to an outer roadway.&lt;br /&gt;
&lt;br /&gt;
===643.1.3.2 Major Routes===&lt;br /&gt;
For structures carrying or over major routes, see [[#643.1.5_Bridge_Attachment_Policy|EPG 643.1.5]].&lt;br /&gt;
&lt;br /&gt;
====643.1.3.2.1 Major Routes with Partially Controlled Access Right of Way====&lt;br /&gt;
The installation of all utility facilities on highways with partially controlled access right of way are to be installed, serviced, and maintained without entering or leaving the roadway and ramps except at points approved by MoDOT for that purpose and without parking any equipment or storing materials upon the medians, roadway and ramps, or shoulders of the roadways. Cutting or damaging the pavement or paved shoulders is not permitted. Equipment or materials stored within the right of way must be protected by longitudinal barrier or be located outside the clear zone. New service connections to existing parallel utility facilities are to be permitted only where granted by the Commission.&lt;br /&gt;
&lt;br /&gt;
No utility facilities will be permitted within the interchange limits of an interchange between fully limited access highways where planned or existing. Utility facilities within the interchange limits of an interchange with a non-access controlled highway will be permitted only along the minor road, provided that all construction, service, and maintenance can be performed from the minor road. Manholes and poles must be located beyond the ramp termini.&lt;br /&gt;
&lt;br /&gt;
====643.1.3.2.2 Major Routes with Normal Access Right of Way====&lt;br /&gt;
All new utility facilities will be installed and maintained without cutting or damaging the pavement or paved shoulders except in the event underlying rock formations or other obstructions are encountered that prevent boring or pushing operations. A variance may be granted for pavement cuts when the need is established. Pavement cuts may only be made by permits issued when it is impractical to otherwise service and maintain the facility. The installation of all utility facilities is to be installed without parking any equipment or storing materials upon the medians, roadway and ramps, or shoulders of the roadways. Equipment or materials stored within the right of way must be protected by longitudinal barrier or be located outside the clear zone.&lt;br /&gt;
&lt;br /&gt;
====643.1.3.2.3 Utility Facilities Crossing Major Routes====&lt;br /&gt;
=====643.1.3.2.3.1 Overhead Crossings of Major Routes=====&lt;br /&gt;
Supports for utility facilities crossing overhead should be located as near the right of way line as possible. For major routes with controlled access right of way, new overhead service crossings may be permitted in isolated cases for residential or commercial establishments where the denial of such crossings would require the construction of more than 1,200 feet (1,200’) of utility line to provide the same service. For major routes with normal access right of way, there is no restriction on the placement of service crossings.&lt;br /&gt;
&lt;br /&gt;
=====643.1.3.2.3.2 Underground Crossings of Major Routes=====&lt;br /&gt;
Underground crossings of utility facilities are to be continuously encased under the pavement, medians, ramps, and shoulders with the casing extending to the toe of the fill slopes or to the ditch line. In curbed sections, encasement should extend outside the outer curb of the roadways a distance equal to the depth of the encasement at the curb line. Where installed by open trench through unpaved areas, detector tape should be placed approximately one foot (1&#039;) above the encasement. Where a major route has a parallel outer roadway, encasement should be continuous under all roadways within the right of way.&lt;br /&gt;
&lt;br /&gt;
Manholes or vent pipes are to be located at the right of way line or adjacent to the outer roadway.&lt;br /&gt;
&lt;br /&gt;
For fiber optic cable, encasement should extend from within six feet (6&#039;) of one right of way line to within six feet (6&#039;) of the other right of way line.&lt;br /&gt;
&lt;br /&gt;
Exceptions may be made for encasement as listed in [[#643.1.4.2_Exceptions_to_Encasement|EPG 643.1.4.2]].&lt;br /&gt;
&lt;br /&gt;
====643.1.3.2.4 Parallel Installations along Major Routes====&lt;br /&gt;
New parallel installations on the right of way may be permitted provided that poles are within two feet (2&#039;) of the normal right of way line and underground utility facilities are within the utility corridor. Existing overhead or underground utility facilities that parallel an existing roadway which will be incorporated into a completed highway may remain in place if all maintenance and service can be performed without entering or leaving the roadway except at approved access points; without parking equipment or storing materials on the median, pavement, ramps, or shoulders; and the existing location does not interfere with construction, maintenance, or operation of the completed highway. If an existing parallel utility facility needs to be relocated so as to not interfere with the construction, maintenance, or operation of the completed highway, poles may be located withing five feet (5’) of the right of way line.&lt;br /&gt;
&lt;br /&gt;
Existing steel pipe transmission and distribution facilities for gaseous petroleum products that parallel an existing roadway that will be incorporated into the completed roadway may be left in place subject to an agreement by the utility owner that maintenance or service and facility expansion will be performed without cutting or damaging the pavement or interfering with the construction, maintenance, and operation of the highway and provided that the facility is cathodically protected against corrosion and meets the applicable material requirements.&lt;br /&gt;
&lt;br /&gt;
Underground utility facilities are expected to be buried within the utility corridor of sight distance triangles (SDTs) at roadway intersections unless granted a variance. Overhead utility facilities may be allowed to span intersecting roadways with SDTs provided the poles, or supports, are located outside the SDT.&lt;br /&gt;
&lt;br /&gt;
====643.1.3.2.5 Sanitary Sewers within the Right of Way of Major Routes====&lt;br /&gt;
New installations of sanitary sewers should follow the applicable guidelines for either underground crossings or parallel installations as appropriate. An existing gravity trunk sanitary sewer should be considered individually and removed or left in place contingent upon its age, condition, feasibility of moving, and maintenance access. If an existing parallel gravity main is left in place within the limits of the paved surface, paved shoulder lines, or curb lines, stub mains as required will be laid between the sewer main and curb or shoulder lines for future service connections in each block. Manholes should be relocated outside the traveled roadway as near the right of way line as practical.&lt;br /&gt;
&lt;br /&gt;
===643.1.3.3 Minor Routes===&lt;br /&gt;
For structures carrying or over minor routes, see [[#643.1.5_Bridge_Attachment_Policy|EPG 643.1.5]].&lt;br /&gt;
&lt;br /&gt;
====643.1.3.3.1 Utility Facilities Crossing Minor Routes====&lt;br /&gt;
=====643.1.3.3.1.1 Overhead Crossings of Minor Routes=====&lt;br /&gt;
Existing overhead crossings that interfere with construction, maintenance, or operation should be relocated with their supports as near the right of way line as is practical. New overhead crossing installations should be located with their supports as near the right of way line as is practical.&lt;br /&gt;
&lt;br /&gt;
=====643.1.3.3.1.2 Underground Crossings of Minor Routes=====&lt;br /&gt;
All new utility facilities should be installed and maintained without cutting or damaging the pavement or paved shoulders. A variance may be granted for pavement cuts when servicing and maintaining the facility by any other methods is impractical. Pavement cuts may only be made by permits issued. Underground crossings of utility facilities are to be continuously encased under the pavement, medians, ramps, and shoulders with the casing extending to the toe of the fill slopes or to the ditch line. In curbed sections, encasement should extend outside the outer curb of the roadways a distance equal to the depth of the encasement at the curb line. Where installed by open trench through unpaved areas, detector tape should be placed approximately one foot (1&#039;) above the encasement.&lt;br /&gt;
&lt;br /&gt;
Manholes or vent pipes are to be located at the right of way line or adjacent to the outer roadway.&lt;br /&gt;
&lt;br /&gt;
For fiber optic cable, encasement should extend from within six feet (6&#039;) of one right of way line to within six feet (6&#039;) of the other right of way line.&lt;br /&gt;
&lt;br /&gt;
Exceptions may be made for encasement as listed in [[#643.1.4.2_Exceptions_to_Encasement|EPG 643.1.4.2]].&lt;br /&gt;
&lt;br /&gt;
====643.1.3.3.2 Parallel Installations along Minor Routes====&lt;br /&gt;
New parallel installations on the right of way may be permitted provided that poles are within two feet (2&#039;) of the normal right of way line and underground utility facilities are within the utility corridor. Existing overhead or underground utility facilities that parallel an existing roadway which will be incorporated into a completed highway may remain in place if all maintenance and service can be performed without entering or leaving the roadway except at approved access points; without parking equipment or storing materials on the median, pavement, ramps, or shoulders; and the existing location does not interfere with construction, maintenance, or operation of the completed highway. If an existing parallel utility facility needs to be relocated so as to not interfere with the construction, maintenance, or operation of the completed highway, poles may be located within five feet (5’) of the right of way line.&lt;br /&gt;
&lt;br /&gt;
Underground utility facilities are expected to be buried within the utility corridor of sight distance triangles (SDTs) at roadway intersections unless granted a variance. Overhead utility facilities may be allowed to span intersecting roadways with SDTs provided the poles, or supports, are located outside the SDT.&lt;br /&gt;
&lt;br /&gt;
====643.1.3.3.3 Sanitary Sewers within the Right of Way of Minor Routes====&lt;br /&gt;
New installations of sanitary sewers should follow the applicable guidelines for either underground crossings or parallel installations as appropriate. An existing gravity trunk sanitary sewer should be considered individually and removed or left in place contingent upon its age, condition, feasibility of moving, and maintenance access. If an existing parallel gravity main is left in place within the limits of the paved surface, paved shoulder lines, or curb lines, stub mains as required will be laid between the sewer main and curb or shoulder lines for future service connections in each block. Manholes should be relocated outside the traveled roadway.&lt;br /&gt;
&lt;br /&gt;
===643.1.3.4 Roundabouts===&lt;br /&gt;
Regardless of roadway type, it is desirable to avoid locating utility facilities and their access points within the circulatory roadway. If possible, utility facilities are located in the legs of the roundabout to allow for future maintenance and access at an isolated leg versus affecting the entire roundabout. See [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_5_TypicalLocationofUtilityFacilitiesnearRoundabouts_AOD.pdf EPG Figure 643.1.5] for an example.&lt;br /&gt;
&lt;br /&gt;
===643.1.3.5 Utility Facilities in Scenic Enhancement Areas===&lt;br /&gt;
All existing utility facilities within the limits of a scenic enhancement area requiring adjustment because of construction or reconstruction will be placed underground or relocated beyond the limits of the scenic enhancement area. No new above ground facilities will be permitted. New underground facilities will be permitted provided they do not extensively alter or impair the appearance of the area.&lt;br /&gt;
&lt;br /&gt;
==643.1.4 Installation of Utility Facilities==&lt;br /&gt;
The following sections provide information on the physical installation of utility facilities within highway right of way.&lt;br /&gt;
&lt;br /&gt;
===643.1.4.1 Minimum Cover for Underground Facilities===&lt;br /&gt;
The minimum cover for new underground utilities is:&lt;br /&gt;
* Forty-two inches (42”) for all water lines (parallel and crossings).&lt;br /&gt;
* Forty-two inches (42”) for fiber optic cable (crossings encased in rigid conduit).&lt;br /&gt;
* Seventy-two inches (72”) for fiber optic cable (crossings encased in polyethylene (PE) pipe).&lt;br /&gt;
* Thirty inches (30”) for direct burial and in trench fiber optic cable (parallel).&lt;br /&gt;
* Twenty-four inches (24”) for all other direct burial copper or coaxial cable, (parallel).&lt;br /&gt;
* Seventy-two inches (72”) for uncased polyethylene (PE) gas pipe crossings under ditches and roadways but thirty inches (30”) elsewhere.&lt;br /&gt;
* Thirty inches (30”) for all other (such as, but not limited to, gravity sewers, forced sewers, and electric) underground utilities (both parallel and crossing).&lt;br /&gt;
&lt;br /&gt;
===643.1.4.2 Exceptions to Encasement===&lt;br /&gt;
Exceptions may be made for encasement as follows:&lt;br /&gt;
* Non-fiber communication or electric cables installed in ducts.&lt;br /&gt;
* Welded steel pipelines carrying gaseous or liquid petroleum products - provided they are cathodically protected against corrosion, triple-coated in accordance with accepted pipeline construction standards, and meet applicable material requirements.&lt;br /&gt;
* Natural gas distribution pipe (nominal six-inch (6”) diameter maximum) of polyethylene (PE) plastic, traceable, installed by a horizontal bore method at a minimum depth of seventy-two inches (72”) under ditches and roadways, constructed in accordance with and meeting applicable material requirements.&lt;br /&gt;
* Gas service connections protected and constructed in accordance with and meeting applicable material requirements.&lt;br /&gt;
* Encasement is not required for new trunk sanitary sewer crossings of vitrified clay, reinforced concrete or cast iron except when installation procedures would produce voids in the roadbed, heavy fills, or installations under pressure.&lt;br /&gt;
&lt;br /&gt;
===643.1.4.3 Above Ground or Ground Level Appurtenances===&lt;br /&gt;
Appurtenances protruding more than four inches (4”) above the ground line should be located outside the clear zone. If no feasible alternative exists and if permitted by a variance, appurtenances may be allowed within the clear zone if they meet breakaway criteria or will be shielded by a traffic barrier. Good design practice will provide that appurtenances be located at right of way jogs, along intersecting road right of way, or at other similar acceptable locations, so that encroachment is held to an absolute minimum. Cables, wires, small diameter pipes, and other such utility appurtenances extending from the surface of the ground should be equipped with covers or guards to improve their visibility. Appurtenances within sidewalks or street level pedestrian access routes are to be in conformance with the Americans with Disabilities Act requirements.&lt;br /&gt;
&lt;br /&gt;
The maximum pull box width perpendicular to the right of way line within the utility corridor is thirty inches (30”).&lt;br /&gt;
&lt;br /&gt;
===643.1.4.4 Overhead Utility Facilities===&lt;br /&gt;
The vertical clearance of new or existing overhead installations will not be less than the current minimum requirements of the National Electric Safety Code, but in no case less than eighteen feet (18’) inclusive of sag above the groundline for electrical facilities. Clearance may be reduced for overhead installations of cable, telephone, or fiber optic facilities.&lt;br /&gt;
A minimum radial clearance of twenty-five feet (25’) is provided from any utility facility to the nearest part of any bridge structure. A minimum radial clearance of ten feet (10’) is provided from the nearest charged electrical line to a MoDOT signal, lighting, ITS, or overhead sign structure.&lt;br /&gt;
&lt;br /&gt;
===643.1.4.5 Approved Materials===&lt;br /&gt;
Utility owners are allowed to use any material for underground utility facilities including carrier and encasement provided they accept responsibility for any future repairs and/or replacement of damaged MoDOT facilities should a failure occur. This will allow the use of current technology and procedures to provide the best value to its subscribers and the taxpayers of Missouri. For materials that MoDOT also uses in its highway system, utility owners must provide materials that meet the current [https://www.modot.org/missouri-standard-specifications-highway-construction Missouri Standard Specifications for Highway Construction]. For materials not listed in the Missouri Standard Specifications for Highway Construction, the utility owner should provide documentation of the standards used to determine suitability of the material.&lt;br /&gt;
&lt;br /&gt;
===643.1.4.6 Cutting===&lt;br /&gt;
In the event permission is granted to cut an existing concrete or asphalt pavement or sidewalk, the appropriate provisions below should be followed.&lt;br /&gt;
&lt;br /&gt;
====643.1.4.6.1 Pavement====&lt;br /&gt;
All pavement cuts should be made with a saw to the full depth of the pavement. The width of the cut is typically determined by the width of the trench plus a minimum one foot (1’) on each side of the trench. In the event the distance to any adjacent longitudinal or transverse joint or crack is less than four feet (4’), the pavement must be removed to the joint or crack. Cuts for perpendicular service tie-ins should be a minimum of three feet (3’) wide. Longitudinal main installations are typically cut at a minimum of half the lane width, but in no instance should the cut be along the wheel path of the lane.&lt;br /&gt;
[[File:fig_643.1.6-06_2026.jpg|800px|none|thumb|Figure 643.1.6 Pavement Repair Dimension Requirements.]]&lt;br /&gt;
&lt;br /&gt;
The utility facilities should be placed in a location with the least impact to the roadway. Typically, this leads to placement in the shoulder when available followed by the two-way left turn lane (TWLTL), and then outside lanes before allowing placement in interior through lanes. Lane switching should be kept to a minimum and should not be used to minimize repair sizes. Cuts for mains or service leads that may not be perpendicular to the roadway should be squared-off.&lt;br /&gt;
&lt;br /&gt;
Replacement of cut pavement should be full depth concrete in accordance with the current version at the time of installation of Section 613.10 Full Depth Pavement Repairs of the Missouri Standard Specifications for Highway Construction and the Missouri Standard Plans for Highway Construction. If the area of the pavement repair is not to be fully resurfaced all joints including the overcut from the sawing operation should be filled with an expansive mortar, epoxy, polyester, or joint material as approved by the Engineer in accordance with Section 1057 of the Missouri Standard Specifications for Highway Construction.&lt;br /&gt;
&lt;br /&gt;
====643.1.4.6.2 Pedestrian Access Routes====&lt;br /&gt;
All cuts in the pedestrian access routes whether asphalt or concrete should be made by saw and be the full depth of the material. Entire slabs of concrete sidewalk should be removed. Repair of the pedestrian access route must meet Americans with Disability Act requirements, see [[:Category:642_Pedestrian_Facilities|EPG 642]]. Cuts through curb ramps or detectable warning areas are not permitted. Rather the entire curb ramp or detectable warning area must be removed and replaced. MoDOT district ADA contacts can help ensure ADA compliance of impacted pedestrian access routes.&lt;br /&gt;
&lt;br /&gt;
===643.1.4.7 Non-disturbance Areas===&lt;br /&gt;
MoDOT has certain areas of right of way where mowing, spraying, digging, or other vegetation disturbance activities are restricted. These areas have been established to mitigate the environmental impacts of a previous project and should be avoided. If the areas cannot be avoided, contact MoDOT’s Environmental Section.&lt;br /&gt;
&lt;br /&gt;
==643.1.5 Bridge Attachment Policy==&lt;br /&gt;
No utility facility will be permitted in or on a structure carrying an interstate or other freeway unless it is part of a federal requirement or for MoDOT’s use. When the structure carries any other road type and no other practical means exists for the crossing, wires (communication, electrical, fiber, or metal) will be permitted. Electrical lines must be located to cause minimum exposure to MoDOT maintenance personnel and the public. Pressurized pipelines for gas or other petroleum products and water and all sewer lines are prohibited on all structures due to the risks associated with their failure.&lt;br /&gt;
&lt;br /&gt;
===643.1.5.1 Agreement===&lt;br /&gt;
An agreement is required for all utility facilities attached to any structure. A charge will be made for the increased maintenance costs involved. This fee is set by the Bridge Division. When permitted, a 50-year occupational agreement is executed with the utility owner. Agreement BR04 Utility Attachment Agreement is used when an attachment is added to a bridge during its construction. Agreement BR09 Bridge Attachment Agreement is used when an attachment is added to an existing bridge.&lt;br /&gt;
&lt;br /&gt;
===643.1.5.2 Requests===&lt;br /&gt;
Requests to attach facilities to structures is a multi-step process. Bridge Division is responsible for approval of the bridge attachment. If at any point in the process, Bridge Division determines the attachment to be unacceptable, a reason is to be provided.&lt;br /&gt;
&lt;br /&gt;
To start, the utility owner submits a conceptual request to the district utilities staff. The conceptual request consists of an explanation of the proposal; a general location sketch (i.e., which side of the bridge); and details on the facility, length, and weight per foot when full. The district utilities staff should work with all relevant district personnel including the District Bridge Engineer in reviewing and recommending the attachment. The district utilities staff will submit the recommended details to the Bridge Division to determine the applicable costs including future maintenance costs and for attachments to new bridges, design and construction. Once the Bridge Division has determined the cost, the district utilities staff shares the cost with the utility owner for their concurrence with furthering the process. For new bridges, if the utility owner concurs with the costs, the district utility staff will prepare the BR04 Agreement for execution by the utility owner and the Commission. MoDOT will be responsible for the design and construction of attachments to new bridges. For existing bridges, the district utilities staff will forward the applicable as-built bridge plans to the utility owner for its use in designing the bridge attachment. The utility owner will provide detailed design drawings, signed and sealed by a professional engineer in the State of Missouri, to the district utilities staff for review. The district utilities staff should work with all relevant district personnel, including the District Bridge Engineer, in reviewing and recommending the details of the attachment to the Bridge Division. Once Bridge Division approves, the Bridge Division will prepare the BR09 Agreement for execution by the utility owner and the Commission. The utility owner is responsible for the construction of attachments to existing bridges. A flow chart, [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_7_BridgeAttachementProcess_AOD.pdf EPG Figure 643.1.7], of the process is available.&lt;br /&gt;
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Payment from the utility owner for the attachment will be sent to Financial Services by district utilities staff. For BR04 agreements, district utilities staff should discuss with Financial Services how to get the payment credited to the project constructing the attachment. For BR09 agreements, district utilities staff should copy Bridge Division on correspondence with Financial Serves. Checks should be made payable to Director of Revenue, Credit State Road Fund.&lt;br /&gt;
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For requests from government entities such as cities, counties, and other municipalities, the requested information should be submitted to Bridge Division as described above. However, the district utilities staff will take the lead in preparing the DE10 County Agreement or DE11 Municipal Agreement, as applicable, with input from Bridge Division and Bridge Maintenance. All fees are waived for government entities.&lt;br /&gt;
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===643.1.5.3 Considerations===&lt;br /&gt;
The following considerations are made in determining the acceptability of a bridge attachment. Unique situations will be discussed with the Bridge Division as required.&lt;br /&gt;
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====643.1.5.3.1 Bridge Asset Management Program====&lt;br /&gt;
Requests for bridge attachments should be reviewed for consistency with the district’s upcoming bridge asset management program needs. If a structure is due for rehabilitation or replacement in the near future, information should be provided to the utility owner indicating existing remaining life of the bridge. In some instances, it may be in MoDOT’s best interest to deny the request for attachment outright. In some instances, the utility owner may still choose to pursue the short-term attachment to the existing structure. In almost all cases, the utility owner is responsible for the cost of removing and/or relocating their utility facilities for a necessary repair, widening, improvement or reconstruction of the structure. Review existing agreements for cost responsibility for current attachments.&lt;br /&gt;
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====643.1.5.3.2 Aesthetics====&lt;br /&gt;
In reviewing a request for a bridge attachment, how the structure is viewed by the public will be considered. For example, is the structure over a scenic stream that is extensively used by canoeists, or does the structure span a road that may provide access to a park, campgrounds, or boat launching facilities? Is the structure a grade separation where the motoring public will see the attachment before they pass under it?&lt;br /&gt;
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====643.1.5.3.3 Method of Attachment====&lt;br /&gt;
In order to maintain structural integrity of any structures the following requirements will apply for attachments.&lt;br /&gt;
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=====643.1.5.3.3.1 Welding=====&lt;br /&gt;
Welding of hardware to structural steel members (i.e., flanges, webs, stiffeners, and diaphragms) whether in tension or compression is not permitted.&lt;br /&gt;
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=====643.1.5.3.3.2 Drilling=====&lt;br /&gt;
Drilling holes in any structural steel member is not permitted. Drilling holes for anchors into any prestressed concrete member is not permitted. Although permitted, drilling holes for anchors into the underside of bridge decks must be done with caution. It is recommended all anchors be installed to miss deck reinforcing steel. Generally, drilling into decks will not be allowed where sonotubes were used (voided slab bridges). The depth of the holes should be such that breaking out of the concrete on the top side of the deck does not occur.&lt;br /&gt;
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=====643.1.5.3.3.3 Corrosion=====&lt;br /&gt;
Attachment hardware will be new, properly coated to prevent corrosion or be of a non-corrosive material, and be designed to support the facility.&lt;br /&gt;
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====643.1.5.3.4 Location====&lt;br /&gt;
In general, attachments are made on the underneath side of the bridge deck. The condition of the bridge deck will dictate the location of the attachment supports. An exception may be attachments to trusses or other overhead structures.&lt;br /&gt;
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Attachments that may require manholes in bridge decks are not allowed.&lt;br /&gt;
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When attachments are required to structures over streams that may carry large drifts, they must be attached to the downstream side of the structure and above the lowest superstructure element. It is preferred to locate the attachment on the outside of the exterior girder. If aesthetics are a concern, a better appearance can be achieved by having the attachment made to the inside of the exterior girder and above the bottom of the lower flange to hide the conduit and the attaching hardware.&lt;br /&gt;
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Placement of utilities must not prevent the removal of old paint, the application of new paint on superstructure steel, or cause debris buildup, which could cause structural deterioration.&lt;br /&gt;
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====643.1.5.3.5 Construction and Maintenance====&lt;br /&gt;
If the attachment cannot be built while maintaining one (1) lane of traffic on the structure, it will not be allowed.&lt;br /&gt;
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Construction procedures that severely impact traffic may factor into the allowable location of the attachment on the structure.&lt;br /&gt;
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When scaffolding is to be attached or supported by bridge rails, bridge superstructure, or bridge substructure, the procedures for construction of the attachment must be reviewed.&lt;br /&gt;
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The utility owner or local entity will pay for, or be responsible for, the painting of the attachment, if necessary, when the bridge requires painting.&lt;br /&gt;
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==643.1.6 Private Lines==&lt;br /&gt;
Private lines are permitted to cross the right of way of a highway in the same manner as outlined for all utility facilities in above sections of this article. Parallel installations along the right of way of a highway are not permitted. Special conditions at a specific location that make adherence to this policy impractical will be submitted to the Chief Engineer for consideration of an acceptable alternative. In certain situations, it may be necessary to obtain approval from the Federal Highway Administration (FHWA) before approval to use the alternative can be given to the private utility owner.&lt;br /&gt;
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==643.1.7 Water and Sewer Separations==&lt;br /&gt;
The Missouri Department of Natural Resources (MoDNR) Safe Drinking Water Commission via 10 CSR 60-10 and Clean Water Commission via 10 CSR 20-8 govern the design of water and sewer lines in the vicinity of one another. Basic criteria are outlined below for information, and details are contained within the regulations. MoDOT is not responsible for providing or acquiring adequate right of way for utility owners to comply with MoDNR requirements.&lt;br /&gt;
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===643.1.7.1 Water and Sewer Separations===&lt;br /&gt;
====643.1.7.1.1 Horizontal====&lt;br /&gt;
Sanitary and storm sewers are to be laid at least ten feet (10’) horizontally measured from outside edge to outside edge from any existing or proposed water main. In cases where it is not practical to maintain ten feet (10’) of separation, installation of the water main closer to the sewer is acceptable where the water main is installed in a separate trench or on an undisturbed earth shelf located on one (1) side of the sewer at an elevation so the bottom of the water main is at least eighteen inches (18”) above the top of the sewer.&lt;br /&gt;
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===643.1.7.2 Crossings===&lt;br /&gt;
Water mains are to be laid to provide a minimum vertical distance of eighteen inches (18”) vertically measured outside edge to edge from sanitary or storm sewers. This is the case whether the water main is above or below the sewer. One (1) full length of water pipe must be located so both joints will be as far from the sanitary or storm sewer line as possible. Special structural support for the water main or sanitary or sewer main may be required.&lt;br /&gt;
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===643.1.7.3 Exception===&lt;br /&gt;
When it is impossible to obtain proper horizontal and vertical separation as stipulated, the sewer will be designed and constructed equal to water pipe and will be pressure-tested to assure it is watertight prior to backfilling.&lt;br /&gt;
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===643.1.7.4 Water Supply Interconnections===&lt;br /&gt;
No physical connection is permitted between a public or private potable water supply system and any sanitary or storm sewer or appurtenance that would permit the passage of any sewage or polluted water into the water supply. No water pipe is permitted to pass through or come in contact with any part of a sanitary sewer manhole.&lt;br /&gt;
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===643.1.7.5 Water Works Structures===&lt;br /&gt;
Sewers are not permitted to be installed within fifty feet (50’) in any direction from any existing or proposed public water supply well or other water supply sources or structures.&lt;br /&gt;
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==643.1.8 Variances==&lt;br /&gt;
Occasionally, it is impractical to locate a utility facility in accordance with requirements outlined in this article. MoDOT may consider a utility owner’s request for a variance from these requirements on a case-by-case basis. The utility owner should complete a [https://epg.modot.org/forms/general_files/DE/UtilityVarianceApprovalForm.docx Utility Variance Approval Form] to be submitted to MoDOT for consideration. Variances on the Interstate System require approval of the Federal Highway Administration (FHWA). A flow chart, [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_8_VarianceApprovalProcess.pdf EPG Figure 643.1.8], of the variance process is available.&lt;br /&gt;
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A variance will not be permitted just for the convenience of the utility owner. The utility owner requesting a variance must provide all necessary information to properly evaluate if a variance should be approved. For example, a utility owner requesting a variance because “the utility corridor is full” must explore all reasonable options. It is suggested that the requestor pothole the existing utility corridor to confirm the location of existing utility facilities and provide that data to support the need to locate outside of the utility corridor due to its congestion.&lt;br /&gt;
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===643.1.8.1 Variance Process===&lt;br /&gt;
Any utility owner of a public utility facility may apply for a variance. The process for requesting a variance is as follows:&lt;br /&gt;
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====643.1.8.1.1 Submittal Requirements====&lt;br /&gt;
Utility owners submit to the district utilities staff a written request for a variance using the [https://epg.modot.org/forms/general_files/DE/UtilityVarianceApprovalForm.docx Utility Variance Approval Form]. The utility owner must clearly show the provision(s) or guideline(s) for which the variance is being requested; the condition(s) which the utility owner believes warrant(s) the granting of a variance; a thorough explanation of the reason(s) for the requested variance, including sufficient and appropriate documentation of safety, aesthetic, or constructability constraints that would be adverse to the function, access, or maintenance of the utility facility and not in the best interest of the public.&lt;br /&gt;
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====643.1.8.1.2 MoDOT Consideration of Variance Request====&lt;br /&gt;
The utility owner bears full responsibility for demonstrating to MoDOT’s satisfaction that the variance is the most appropriate way to serve the public interest. MoDOT may present to the utility owner and the utility owner must consider reasonable alternatives to the variance requested by the utility owner. In determining whether to grant a variance, district utilities staff will consider all relevant factors including, but not limited to: the requested variance is reasonably necessary for the convenience, safety, health, and/or welfare of the public; there is an exceptional or undue burden or hardship on the specific applicant; a physical impracticability that would result from the applicant’s adherence to the normal location requirements; and the requested variance will not impair the safe construction, maintenance, operation, and safety of public travel on the highway. District utilities staff may consult with the Design Liaison Engineer in evaluating variances.&lt;br /&gt;
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====643.1.8.1.3 Approval of Variances====&lt;br /&gt;
Once district utilities staff have agreed to accept a variance proposed by the utility owner, the [https://epg.modot.org/forms/general_files/DE/UtilityVarianceApprovalForm.docx Utility Variance Approval Form] and all supporting documentation is sent to the District Design Engineer (DDE) for approval. If a variance is on interstate right of way, the DDE-signed Variance Request Form and all supporting documentation is forwarded to the Design Liaison Engineer who will forward to FHWA for their concurrence.&lt;br /&gt;
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====643.1.8.1.4 Variance Appeal Informal Hearing====&lt;br /&gt;
If denied a variance, the utility owner has thirty (30) calendar days to request an informal hearing for the purpose of appealing the denial. Requests must be made in writing to the State Design Engineer, Missouri Department of Transportation, P.O. Box 270, Jefferson City, MO 65102. If the utility owner requests an informal hearing, MoDOT’s authorized representative will advise the applicant of the time, date, and place of the hearing. The hearing is not a contested case under RSMo 536. The rules of evidence will not apply at the hearing, and MoDOT’s decision after the conduct of the hearing is not subject to further appeal.&lt;br /&gt;
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==643.1.9 Excess Right of Way==&lt;br /&gt;
Prior to conveyance of excess right of way, the status of utility facilities within said parcel must be addressed. See [[236.5_Property_Management#236.5.12_Excess_Land_Conveyances_&amp;amp;_Relinquishments_–_Regulated_Utilities|EPG 236.5.12]].&lt;br /&gt;
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==643.1.10 Broadband==&lt;br /&gt;
Broadband development in the state of Missouri is handled by the Department of Economic Development (DED). MoDOT shares its approved Statewide Transportation Improvement Program (STIP) project list with DED. All MoDOT policies related to placement of utility facilities within Commission right of way as outlined in this EPG article 643.1 are to be followed.&lt;br /&gt;
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&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643.2 Utilities in Program Delivery &#039;&#039;PAGE TITLE&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt; &lt;br /&gt;
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==643.2.1 Introduction==&lt;br /&gt;
Improvements to the highway system often require negotiation between the Commission and a city, a county, or a public or private utility owner. The Commission’s district utilities staff is responsible for coordination of highway improvement projects with the utility owner’s representative. The impact to a utility, the responsibility for the cost of adjustments necessary to allow highway construction, the plan of adjustment of the utility, the responsibility of performance of work on utility facilities, and the schedule of the utility adjustment are all items that vary depending on the project and should be investigated and negotiated to ensure highway improvement projects are delivered on-time and on-budget. These should comply with Commission policy. A flowchart [link here] outlining all the utility adjustment processes (reimbursable and non-reimbursable relocations, Master Reimbursable Utility Agreements and Project Specific Agreements, etc.) are available in the list of figures at the top of the page. These processes will not always be in combination, but each should be considered with each project.&lt;br /&gt;
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The district utilities staff, in conjunction with the Transportation Project Manager (TPM), is expected to invite and encourage participation of utility owner representatives in MoDOT project meetings as needed.&lt;br /&gt;
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When a project involves utility adjustments for which the Commission is responsible for costs, the TPM should program the costs of the utility adjustments as non-contractual construction costs in the STIP Information Management System (SIMS).&lt;br /&gt;
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==643.2.2 Annual Utility Meeting==&lt;br /&gt;
Each district should hold an annual meeting with utilities to discuss current STIP projects in the district. The annual meeting should be held during each year&#039;s STIP preparations, ideally between January and May. All utility owners that have utility facilities in the district should be invited. The intent is to provide the utility owners with an idea of upcoming projects to allow them the opportunity to plan and budget for potential adjustments of their utility facilities, identify both MoDOT and utility roadblocks, and develop action plans to complete utility adjustments better, faster, and cheaper.&lt;br /&gt;
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==643.2.3 Determination of Existing Utilities==&lt;br /&gt;
District utilities staff should determine the appropriate level of effort needed to accurately identify existing utilities within the footprint of a proposed highway construction project. Aboveground utilities are easily identifiable via field checks; however, determination of the precise location of underground utilities can be more challenging and time consuming. Therefore, the district utilities staff should balance the risk of conflict with the highway construction project against the level of effort needed to determine the location.&lt;br /&gt;
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The level of effort on mapping utilities is dependent on the scope of the project and the potential for utilities having an impact on the construction of the project. The project schedule should include the time to complete this task accurately. The time and effort necessary for having accurate locates requires close interaction with the utility locators. Early contact with utility owner representatives may be necessary to accurately locate underground utility facilities.&lt;br /&gt;
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Various methods of determining existing underground utilities result in different levels of quality. ASCE Standard 38 Standard Guidance for Investigating and Documenting Existing Utilities classifies four levels of quality:&lt;br /&gt;
:1. Quality Level D: QL-D is the most basic level of information for utility locations. It comes solely from existing utility records or verbal recollections, both typically unreliable sources. It may provide an overall &amp;quot;feel&amp;quot; for the congestion of utilities but is often highly limited in terms of comprehensiveness and accuracy. QL-D is useful primarily for project planning and route selection activities.&amp;lt;br&amp;gt;&lt;br /&gt;
: Missouri 811 or “private-locate” markings are to be considered to be QL-D.&lt;br /&gt;
:2. Quality Level C: QL-C is probably the most used level of information. It involves surveying visible utility facilities (e.g., manholes, valve boxes, etc.) and correlating this information with existing utility records (QL-D information). When using this information, it is not unusual to find that many underground utilities have been either omitted or erroneously plotted. Therefore, its usefulness is primarily on rural projects where utilities are not prevalent or are not too expensive to repair or relocate.&lt;br /&gt;
:3. Quality Level B: QL-B involves the application of appropriate surface geophysical methods to determine the existence and horizontal position of virtually all utilities within the project limits. This activity is called &amp;quot;designating&amp;quot;. The information obtained in this manner is surveyed to project control. It addresses problems caused by inaccurate utility records, abandoned or unrecorded utility facilities, and lost references. The proper selection and application of surface geophysical techniques for achieving QL-B data is critical. Information provided by QL-B can enable the accomplishment of preliminary engineering goals. Decisions regarding location of storm drainage systems, footers, foundations, and other design features can be made to avoid conflicts with existing utilities. Slight adjustments in design can produce substantial cost savings by eliminating utility relocations.&lt;br /&gt;
:4. Quality Level A: QL-A, also known as &amp;quot;locating or potholing&amp;quot;, is the highest level of accuracy presently available and involves the full use of the subsurface utility engineering services. It provides information for the precise plan and profile mapping of underground utilities through the nondestructive exposure of underground utilities, and provides the type, size, condition, material, and other characteristics of underground features.&lt;br /&gt;
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For projects with scopes that have potential for utility conflicts, the minimum level of effort required is SUE Quality Level D. Locations of existing utilities are determined by requesting locates through Missouri 811, also known as the “One-Call” process. Missouri 811 locating requests should be carefully considered for the scope of work of the project. When necessary, the location of existing utilities should be established by a field survey of locate markings and features and shown on the roadway plans. Higher level SUE Quality Levels can be used on any project. Adjustment cost savings, whether to the MoDOT or to the utility owner, are beneficial to the taxpayer. Good SUE projects are typically urban in nature, or in congested areas, where the project footprint is to be minimized, or anytime accurate vertical and horizontal location of the utility facility might allow a design to avoid the utility facility thus preventing the need for the adjustment. The SUE process combines civil engineering, surveying, and geophysics. It utilizes several technologies, including vacuum excavation and surface geophysics.&lt;br /&gt;
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When proposed excavation or installation of subsurface features (drainage, equipment bases, etc.) falls within three feet (3’) of a marked Missouri 811 line, soft digging (hand digging, potholing, vacuum methods, pressurized air/water jetting, pneumatic hand tools, etc.) is required to more exactly locate the utility facility both horizontally and vertically. Utility facilities present within the right of way by permit, should be investigated by the utility owner. Utility facilities that would be reimbursable or partially reimbursable as defined in EP 643.2.8 will be investigated by MoDOT.&lt;br /&gt;
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==643.2.4 Conflict Determination==&lt;br /&gt;
Determination of whether a conflict exists between an existing utility facility and a proposed highway improvement project should occur at the earliest possible stage of project development. A conflict may be the result of the physical interaction between the roadway infrastructure and utility facility, a reduction in cover or increase in fill over underground utilities, a reduction in horizontal clearance whether above or below ground, a reduction in overhead vertical clearance, paving over utilities, or restricting a utility owner’s access to its utility facilities. District utilities staff should work with utilities to determine if a conflict exists and the appropriate plan of adjustment to remedy the conflict. The adjustment to the utility may be a relocation or another measure that protects the utility or access to the utility from the proposed highway improvement project. Determination of a conflict needs to be continually re-evaluated as the project design progresses. Continuing coordination is essential.&lt;br /&gt;
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==643.2.5 Utility Plan of Adjustment==&lt;br /&gt;
===643.2.5.1 Request for Plan of Adjustment===&lt;br /&gt;
District utilities staff will request a plan of adjustment from utility owners whose utility facilities are in conflict with a proposed highway project. The plan of adjustment may consist of efforts to relocate the utility or otherwise protect a utility from the impacts of the proposed highway project. Utilities are shown on the roadway plan and profiles sheets that are furnished to utility owners for use in planning required utility adjustments. Any other sheets such as drainage, traffic signal, lighting, or ITS plans that show impacts to a utility facility should also be provided to the utility owners. All adjustments, reimbursable or not, require a plan of adjustment furnished by the utility owner.&lt;br /&gt;
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A transmittal letter is included in the request for a plan of adjustment. The letter informs the utility owner that regardless of whether an adjustment is reimbursable, no physical adjusting or relocating of their utility facilities to accommodate the proposed highway improvement is to be performed without specific approval and authorization. Additionally, if any part of the adjustment has the potential to be reimbursable, they are advised:&lt;br /&gt;
# They may undertake preliminary engineering by their own forces upon approval by district utilities staff of the estimated costs of preliminary engineering.&lt;br /&gt;
# They may employ a consultant to do the PE work provided they request and obtain prior approval. See [[#643.2.6_Preliminary_Engineering_Requirements|EPG 643.2.6 Preliminary Engineering Requirements]].&lt;br /&gt;
# Any preliminary engineering costs accrued prior to the date of written authorization to proceed will not qualify for reimbursement.&lt;br /&gt;
# Replacement right of way or easements cannot be purchased without specific approval and authorization.&lt;br /&gt;
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===643.2.5.2 Proposed Plan of Adjustment===&lt;br /&gt;
Developing a plan of adjustment is a multi-step process. The utility owner will propose a conceptual approach to adjusting the utility facilities to allow highway construction. This conceptual approach is used as the basis for determining cost responsibility, estimate of costs for preliminary engineering and construction, developing the agreement if necessary, and final design of the adjustment. Negotiations between district utility staff and the utility owner’s representative can result in changes to the design throughout the process.&lt;br /&gt;
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Final plans of adjustment must contain a legend on the first sheet identifying the utility symbols used. They must also show the existing utility facilities and their disposition, the location of the new or adjusted utility facilities, the existing and new right of way lines, the limited or fully controlled access symbols (where applicable), the existing and proposed roadways, ramps, and outer roadways and any other pertinent roadway information. They must contain sufficient details concerning location, elevation, compaction, clean up, etc. to provide for the proper adjustment of the utility facility. Relocated and/or existing utility facilities that will remain in place must be dimensioned or indicated in a manner to show their location in respect to the right of way lines. It is preferred that the utility owner transmits the plan of adjustment by electronic deliverables in a format that can be incorporated into the roadway plans. This will reduce the time and effort necessary as well as increase the accuracy of transferring this information into the roadway plans.&lt;br /&gt;
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Plans of adjustment received from the utility owner are to be checked for compliance with MoDOT’s requirements ([[#643.1_Utilities_Location|EPG 643.1 Utility Location]]) by the district utilities staff. They are also checked to ensure compatibility with the roadway design. Any continuing conflicts are resolved through negotiations with the utility owner.&lt;br /&gt;
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Occasionally, it is impractical to perform a utility adjustment in accordance with MoDOT’s requirements. Sometimes the utility may request approval of a plan of adjustment that does not conform to these requirements. Deviation from MoDOT’s utility requirements is a variance. Refer to [[#643.1.8_Variances|643.1.8 Variance Process]] for additional guidance.&lt;br /&gt;
The final plan of adjustment is included as Exhibit “A” to the agreement ([[#643.2.12_Utility_Agreements|EPG 643.2.12 Agreements]]).&lt;br /&gt;
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==643.2.6 Preliminary Engineering Requirements==&lt;br /&gt;
Preliminary engineering (PE) can be performed one of four ways for utility adjustments:&lt;br /&gt;
# The utility owner can use its own engineering forces.&lt;br /&gt;
# MoDOT can select an engineering consultant, after consultation with the utility owner, and the consultant contract will be administered by MoDOT.&lt;br /&gt;
# The utility owner can select an engineering consultant, with approval by MoDOT, and the consultant contract will be administered by the utility owner.&lt;br /&gt;
# If a utility adjustment is being included in a MoDOT administered construction contract, the preliminary engineering of the adjustment can be provided by MoDOT.&lt;br /&gt;
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For reimbursable utility adjustments, the amount paid to engineers, architects, and others for required engineering and allied services can be included in reimbursement amount provided such amounts are not based on a percentage of the costs of the necessary adjustments to allow highway construction. Reimbursement is available for contracts executed after solicitation of a consultant for the specific adjustment or existing continuing contracts when it is demonstrated that such work is performed regularly for the utility owner in its own work and that the costs are reasonable.&lt;br /&gt;
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A [https://epg.modot.org/forms/general_files/DE/UtilityConsultantContractChecklist.docx checklist is available for reviewing consultant-engineering contracts] to ensure the contract conforms to MoDOT policy and complies with applicable federal regulations. District utilities staff should use the checklist to review contracts and may consult with Audits and Investigations Division as necessary. The procedures in 23 CFR part 172, Administration of Engineering and Design Related Service Contracts may be used as a guide for reviewing proposed consultant contracts. [[:LPA:136.4_Consultant_Selection_and_Consultant_Contract_Management|EPG 136.4 Consultant Selection and Consultant Contract Management]] may also be used as a guide.&lt;br /&gt;
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===643.2.6.1 Solicited Consultant Contracts===&lt;br /&gt;
If solicitation of PE services is required for reimbursable utility adjustments, the utility owner must provide the following documents and information to district utilities staff. These documents need to be provided as soon as the utility owner has chosen to solicit a consultant. Document 1 must be supplied by all utility owners. Documents 2 and 3 are only required when the utility owner is a local government agency who is also a political subdivision of the state of Missouri (e.g., city-owned utilities, county-owned utilities). All other utility owners are encouraged, but not required, to provide Documents 2 and 3:&lt;br /&gt;
# A statement that the utility owner is not staffed or able to perform the required PE services with its own forces.&lt;br /&gt;
# Provide the names of at least three (3) consultants considered.&lt;br /&gt;
# The criteria used to evaluate each consultant and reasons why the selected consultant was selected.&lt;br /&gt;
&lt;br /&gt;
The following documents need to be provided as soon as the utility owner has successfully negotiated and entered into a contract with the consultant:&lt;br /&gt;
# The name and address of the selected consultant.&lt;br /&gt;
# A statement that the &amp;quot;[https://epg.modot.org/forms/general_files/DE/CertificationOfConsultant.docx Certification of Consultant]&amp;quot; will be furnished immediately upon award of the contract to the consultant.&lt;br /&gt;
# One executed copy of the proposed engineering contract or agreement between the utility owner and consultant, only if the engineering will exceed $5,000.00.&lt;br /&gt;
# The consultant&#039;s fixed (lump sum) or estimated fee (actual cost) and the contract maximum.&lt;br /&gt;
# A cost summary providing a detailed breakdown of the basis for the consultant&#039;s compensation, including estimated labor hours, hourly rates for each classification, overhead rate (if used), the amount of profit charged, and any other estimated charges such as travel expenses, equipment rentals, etc. If an overhead rate is used, the consultant must also submit the supporting overhead rate calculations.&lt;br /&gt;
# An independent cost estimate of engineering services provided by the utility owner to use in comparison to the consultant’s proposed engineering services to check for cost reasonableness.&lt;br /&gt;
&lt;br /&gt;
===643.2.6.2 Continuing Consultant Contracts===&lt;br /&gt;
When a utility owner chooses to use an existing continuing contract for PE services, the utility owner must provide the following documents and information to the district utilities staff as soon as possible.&lt;br /&gt;
# A statement that the utility owner is not staffed or able to perform the engineering with its own forces.&lt;br /&gt;
# The name and address of the consultant under the existing continuing contract.&lt;br /&gt;
# A statement that the &amp;quot;[https://epg.modot.org/forms/general_files/DE/CertificationOfConsultant.docx Certification of Consultant]&amp;quot; will be furnished.&lt;br /&gt;
# A copy of the continuing contract to the district utilities staff. The district utilities staff will review the contract for reasonableness of cost.&lt;br /&gt;
# The consultant&#039;s fixed (lump sum) or estimated fee (actual cost) and the contract maximum for the work associated with the utility adjustment.&lt;br /&gt;
# A cost summary providing a detailed breakdown of the basis for the consultant&#039;s compensation, including estimated labor hours, hourly rates for each classification, overhead rate (if used), the amount of profit charged, and any other estimated charges such as travel expenses, telephone, etc. If an overhead rate is used, the consultant must also submit the supporting overhead rate calculations.&lt;br /&gt;
# An independent cost estimate of engineering services provided by the utility owner to use in comparison to the consultant’s proposed engineering services to check for cost reasonableness.&lt;br /&gt;
&lt;br /&gt;
===643.2.6.3 Consultant Contract Changes===&lt;br /&gt;
If a PE services contract between a utility owner and a consultant needs to be revised, a copy of the revised contract, fee, and schedule should be submitted by the utility owner to the district utilities staff prior to allowing for contract changes. District utilities staff should review the contract changes to ensure the revised contract conforms to MoDOT policy and complies with applicable federal regulations.&lt;br /&gt;
&lt;br /&gt;
==643.2.7 Environmental and Right of Way==&lt;br /&gt;
===643.2.7.1 Utilities and Environmental Clearances===&lt;br /&gt;
District utilities staff should coordinate with the TPM and utility owner’s representative to understand and communicate on known environmental and cultural constraints that could impact a utility owner’s plan of adjustment. This will allow the utility owner to consider permitting timelines and alternatives that avoid environmental or cultural resources to keep the project on schedule.&lt;br /&gt;
&lt;br /&gt;
One strategy to make project delivery more efficient and ensure regulatory compliance is for MoDOT to obtain the environmental and cultural resource permits and clearances for the utility owners associated with a roadway improvement while obtaining its own. This would generally only be for the permits and regulatory clearances MoDOT already needs to pursue as a part of the transportation improvement.&lt;br /&gt;
&lt;br /&gt;
District utilities staff should coordinate with the utility owner’s representative early in the project timeline to determine if it is in the best interest of both MoDOT and the utility owner to obtain permits and environmental clearances jointly. The following strategies can be utilized to determine if a joint approach to environmental work should be pursued:&lt;br /&gt;
* If utility facilities are moving to a location within or immediately adjacent to MoDOT right of way, a utility owner may be invited to participate in permitting and environmental compliance activities.&lt;br /&gt;
* If utilities move to a location not within or adjacent to MoDOT right of way, the utility company would not normally be invited to participate in permit applications and environmental compliance activities. However, some unique projects may necessitate further attention and should be discussed with the Design Liaison Engineer.&lt;br /&gt;
&lt;br /&gt;
If MoDOT and the utility owner agree to obtain joint permits and clearances, written communication between the utility owner’s representative and the district utilities staff should document the following items:&lt;br /&gt;
* List of the permits and clearances that MoDOT will acquire on behalf of the utility owner.&lt;br /&gt;
* List of the information needed from the utility owner in order for MoDOT to acquire the permits and clearances.&lt;br /&gt;
* Schedule and deadlines for submittal of the information by the utility owner. For example: utility plans, fill quantities, construction methods, dates, or seasons of construction.&lt;br /&gt;
&lt;br /&gt;
Permits and clearances that may be needed by both a utility owner and MoDOT include:&lt;br /&gt;
* [[127.7_Threatened_and_Endangered_Species|Endangered Species Act consultation and clearance]]&lt;br /&gt;
* [[127.2_Historic_Preservation_and_Cultural_Resources#127.2.1.1_Historic_Preservation_Regulations_and_Laws|Section 106 of the National Historic Preservation Act clearance]]&lt;br /&gt;
* [[127.10_Section_4(f)_Public_Lands|Section 4(f) clearance]]&lt;br /&gt;
* [[127.10_Section_4(f)_Public_Lands#127.10.1.4_Section_6(f)_Laws_and_Regulations|Section 6(f) of the Land and Water Conservation Fund Act clearance]]&lt;br /&gt;
* [[127.4_Wetlands_and_Streams|Section 401 and Section 404 of the Clean Water Act permits]]&lt;br /&gt;
* [[:Category:806_Pollution,_Erosion_and_Sediment_Control#806.1_Introduction_(see_Sec._806)|Section 402 of the Clean Water Act permit (State Operating Permit for Erosion Control)]]&lt;br /&gt;
* [[127.8_Hazardous_and_Solid_Waste|Recommendations on contaminated soil disposition]]&lt;br /&gt;
&lt;br /&gt;
===643.2.7.2 Right of Way Acquisition and Utilities===&lt;br /&gt;
The Commission is obligated to acquire the width of right of way required by the design of the highway improvement. For utility facilities currently located within the Commission’s right of way, this includes the necessary space for the utility facilities impacted by the design of the highway improvement. Either additional right of way width to accommodate a utility corridor or a utility easement can be obtained for the relocation of utility facilities. When drainage easements are acquired along a channel, additional space for utility facilities should be considered to avoid conflicts between the utility facility and the bridge or culvert.&lt;br /&gt;
&lt;br /&gt;
District utilities staff should inform the utility owner’s representative of the potential of a conflict between an existing utility facility and a proposed highway construction project early in the project development process to allow sufficient time for the utility owner to prepare a plan of adjustment and notify the district utilities staff of any easement needs. When utility facilities are located on a utility owner’s private easement, the utility owner may obtain its own new easements. If the utility owner is not in a position to negotiate for new easements or if the utility owner’s policies will not permit it to condemn property to obtain the easement, MoDOT can acquire the easement in the same manner roadway right of way is obtained. The district utilities staff should verify the utility owner is aware of the opportunity to have MoDOT acquire the easement, and the utility owner should provide written documentation on whether the utility owner would like to pursue this option with MoDOT.&lt;br /&gt;
&lt;br /&gt;
For situations where the utility owner will obtain its own replacement right of way and the cost of the adjustment is MoDOT’s responsibility, the utility right of way cost should be reviewed by the district right of way department to ensure the cost is reasonable and acquisition followed state and federal regulations. In order to expedite utility adjustments necessary to allow highway construction, the district utility staff may authorize the utility owner to obtain easements prior to all details of a plan of adjustment being developed. In this situation, the district utilities staff should ensure enough details are known to justify the needed right of way, and an agreement for right of way costs only should be executed with the utility owner.&lt;br /&gt;
&lt;br /&gt;
For situations where MoDOT will obtain the right of way necessary to allow highway construction, district utility staff should negotiate with the utility owner’s representative to ensure all necessary utility easements are shown on the approved right of way plans. The TPM should confirm with district utilities staff that the right of way plans accurately reflect the needs of the utility owners prior to requesting right of way plan approval. The district Right of Way Manager should confirm with district utilities staff before requesting an acquisition date (A-date). Every effort should be made to avoid adding utility easement requests once negotiations with property owners have begun.&lt;br /&gt;
&lt;br /&gt;
Occasionally, when negotiations cannot be completed for easements for the adjustment of utility facilities, it may be necessary to condemn for the property. District utilities staff should coordinate with the utility owner’s representative to ensure no alternate design for the adjustment of the utility facility is practical. The decision to condemn for easements for the adjustment of the utility facilities requires the exercise of good judgment in reaching the conclusion that further good faith negotiations are futile and condemnation is necessary to maintain the project in the scheduled letting. The TPM should coordinate with the district utilities staff and district Right of Way (RW) personnel on the condemnation proceedings.&lt;br /&gt;
&lt;br /&gt;
Easement and other right of way documents used with utility owners are handled in accordance with procedures established jointly with RW and district utilities staff. District survey staff prepare the land descriptions for use in utility easements. The district utilities staff is responsible for completion of the easements in the correct form and scope. A sketch delineating the area described is attached to the easement as Exhibit “A”. Communication with the Design Division will ensure use of proper forms, corporate names and locations, and particular wording required for joint ownerships. The description for a utility easement is to be referenced to the nearest land corner shown on the plans. Examples of easements can be found in the template list in [https://netprod3.dot.missouri/eAgreements/Search/QuickSearch eAgreements].&lt;br /&gt;
&lt;br /&gt;
In situations where MoDOT is acquiring right of way with existing utility easements, but the district utilities staff and the utility owner’s representative agree that the utility facility may remain in place, the utility owner will release the property to the Commission separate from the right of way acquisition. This is done by executing an Easement for Highway Construction (UT16). The utility owner grants and conveys, with warranty of title expressed or implied, to the Commission, the right to construct, reconstruct, and maintain a highway over and across that portion of the easement owned and held by the utility owner. In the future, the utility owner retains any reimbursable rights should future projects require adjustments to allow highway construction.&lt;br /&gt;
&lt;br /&gt;
==643.2.8 Cost Responsibility==&lt;br /&gt;
In addition to determining if a conflict exists between an existing utility facility and a highway improvement project, it is important to determine who is responsible for the costs of the necessary adjustments to allow highway construction. An adjustment for which the Commission is responsible for the costs is known as a reimbursable adjustment. An adjustment for which the Commission is not responsible for the costs is known as a non-reimbursable adjustment. An adjustment for which the Commission and the utility share responsibility for costs is known as a partially reimbursable adjustment. Adjustments determined to be reimbursable or partially reimbursable by the Commission are to be completed under the terms of an agreement executed between the utility owner and the Commission.&lt;br /&gt;
&lt;br /&gt;
===643.2.8.1 Commission Responsibility===&lt;br /&gt;
====643.2.8.1.1 Utility Facilities Located on Private Easements====&lt;br /&gt;
When the utility facility is located on a private easement within the new right of way to be acquired for a future project, the Commission is responsible for the cost of the necessary adjustments to allow highway construction. It may be possible that such easement does not have written easement rights. The Commission will honor this oral right provided acceptable documentation is provided by the utility owner to the district utilities staff. An [https://epg.modot.org/forms/general_files/DE/NonwrittenEasementRights_Example.docx example of acceptable documentation for not written easement rights] is available. Other forms of documentation will be considered on an individual basis.&lt;br /&gt;
&lt;br /&gt;
=====643.2.8.1.1.1 Future Moves=====&lt;br /&gt;
When the utility facility is located on a private easement, taken into the Commission’s right of way, the Commission may agree that any future moves of the same utility by Commission order may be made at the Commission’s cost. Documentation of this agreement is by an Easement for Highway Construction (UT16) agreement. If the Commission provides a substitute private easement, then the Commission will have future obligations consistent with the utility facility’s status in an easement.&lt;br /&gt;
&lt;br /&gt;
====643.2.8.1.2 Utility Facilities Located within Commission Right of Way====&lt;br /&gt;
When the utility facility is located within Commission right of way, but has prior land rights, the Commission is responsible for the cost of adjustments to allow highway construction. The utility owner is responsible for documenting to the satisfaction of the district utilities staff, the basis for the claim of prior land rights within Commission right of way. Time spent researching prior rights is considered coordination and is reimbursable.&lt;br /&gt;
&lt;br /&gt;
====643.2.8.1.3 City or County Utility Facilities on City or County Streets====&lt;br /&gt;
When roadway improvements are within the corporate limits of cities, towns, and villages, a municipal agreement is negotiated between the Commission and the municipality. Likewise, when roadway improvements are within the limits of a county and outside the municipal limits, a county agreement is negotiated between the Commission and the County Commission. Included in these agreements are provisions regarding reimbursement for adjusting city or county owned utility facilities. Reimbursement is provided for adjustment of city or county owned utility facilities that are now located on city or county streets and not on Commission right of way.&lt;br /&gt;
&lt;br /&gt;
====643.2.8.1.4 Lumen====&lt;br /&gt;
Lumen – National (formerly CenturyLink, Lightcore, or Digital Telephone, Inc. (DTI)) and the Commission have entered into a partnership agreement, “Amended and Restated Fiber Optic Cable on Freeways in Missouri,” executed June 5, 2003 which obligates the Commission to be responsible for the cost of the necessary adjustments to allow highway construction along the routes identified in the agreement. A copy of the agreement is available to district utilities staff.&lt;br /&gt;
&lt;br /&gt;
====643.2.8.1.5 Services to the Commission====&lt;br /&gt;
When a utility facility provides a service connection to local Commission facilities such as power to traffic signals, lighting, ITS, and cathodic protection and phone drops to traffic signal controllers or other Commission facilities, the Commission is responsible for the cost of the necessary adjustments to allow highway construction.&lt;br /&gt;
&lt;br /&gt;
====643.2.8.1.6 Private Service Lines====&lt;br /&gt;
While most utility owners reconnect the private service lines at no cost to the property owner, some do not. If a utility owner does not reconnect service lines, MoDOT can include adjustment of private service lines in roadway contracts. Bid items for relocating service connections are provided for the different types of anticipated adjustments.&lt;br /&gt;
&lt;br /&gt;
====643.2.8.1.7 Second Moves====&lt;br /&gt;
If the Commission requires additional work to a utility facility after the facility has been relocated or adjusted in accordance with a plan of adjustment approved by the Commission for a single project number, the Commission is responsible for the cost of the additional work regardless of whether the initial adjustment was Commission responsibility as outlined in other parts of [[643.2_Local_Utility_Adjustments_-_Public_and_Private#643.2.8.1_Federalizing_Funds_for_Preliminary_Engineering|643.2.8.1]].&lt;br /&gt;
&lt;br /&gt;
The purpose of the policy is to encourage utilities to relocate early rather than waiting until plans are published for bidding. The policy eliminates the utility having to relocate twice at its own expense because of late changes in the design. It is best to have utilities relocated prior to construction, and this policy helps achieve that goal. Therefore, it is imperative that the designer notifies district utilities staff as soon as possible of any changes made after these plans have been sent. If notified immediately, it may be possible to inform the utility owner prior to their final design thereby eliminating a second move.&lt;br /&gt;
&lt;br /&gt;
Under this policy, the following are not considered second moves. Temporary and staged relocations necessary to accommodate construction and agreed upon by the utility and the Commission prior to relocation are considered a single move and are not subject to the provisions of the second move policy. If the Commission requires adjustment of a utility facility for which the utility owner is responsible for the cost of the adjustment and was originally determined to not need adjustment, the utility owner is responsible for the cost of the adjustment. The utility owner is responsible for the cost of additional work to any portion of the utility facility after the utility facility has been adjusted in accordance with a plan of adjustment approved by the Commission if the additional work is required by the Commission due to error by the utility owner in preparation of plan of adjustment, field location of, or construction of the adjustment of the utility facility.&lt;br /&gt;
&lt;br /&gt;
When evaluating construction contract changes by change order or value engineering, the impacts of the second move policy should be considered.&lt;br /&gt;
&lt;br /&gt;
===643.2.8.2 Utility Owner Responsibility===&lt;br /&gt;
====643.2.8.2.1 Utility Facilities Owned and Operated by a Political Subdivision====&lt;br /&gt;
When a utility facility is located within Commission right of way, but does not have prior land rights, the utility owner is responsible for the cost of the necessary adjustments to allow highway construction. When a utility facility is located on public right of way other than Commission right of way, the utility owner is responsible for the cost of the necessary adjustments to allow highway construction.&lt;br /&gt;
&lt;br /&gt;
When a political subdivision must bear part or all the cost of adjustments to their utility facilities, and the cost creates a financial hardship, the Commission, by its authorized representative, the Chief Engineer, may temporarily assume these costs. A payback agreement with the political subdivision will include an applicable interest rate for a comparable maturity from a widely published index of tax-exempt municipal rates obtained from Financial Services. Payback time will not exceed five (5) years.&lt;br /&gt;
&lt;br /&gt;
====643.2.8.2.2 Utility Facilities Other Than Those Owned by a Political Subdivision====&lt;br /&gt;
When a utility facility is on the right of way of a public road or street or on state highway right of way without prior land rights and adjustment is necessary to allow for the construction of a roadway improvement, the utility owner is responsible for the cost of the necessary adjustments to allow highway construction.&lt;br /&gt;
&lt;br /&gt;
===643.2.8.3 Shared Responsibility===&lt;br /&gt;
When a utility facility is located such that portions of it are a Commission responsibility and portions of it are a utility owner responsibility by the definitions above, the costs of the necessary adjustments to allow highway construction will be split by the Commission and the utility owner. If the exact cost for each party can be determined, each party will be responsible for their portion of the cost of relocating the utility facility. If the exact cost for each party cannot be determined, the parties will arrive at a percentage reimbursement on an equitable basis.&lt;br /&gt;
&lt;br /&gt;
===643.2.8.4 Notice of Hearing===&lt;br /&gt;
When relocation or other difficulties with utility facilities on public right of way arise that prevent resolution by negotiation, formal hearings will be required.&lt;br /&gt;
&lt;br /&gt;
The district initiates a request for a utility relocation hearing with a letter to the Chief Counsel’s Office (CCO) (a copy is provided to the Design Division) requesting a hearing date. CCO will arrange for a hearing room, court reporter, etc. and advise the district of the hearing date.&lt;br /&gt;
&lt;br /&gt;
The district will prepare the notice of hearing by strictly following the given format and serve the notice on all persons and utility owners listed. The property and utility owner must be served only by personal service or by mailing a certified letter, return receipt requested, no later than 15 days before the date of hearing. This will require the district to make every effort to identify the correct property owner before preparing the notice of hearing. To avoid delays, every attempt will be made to issue the hearing notice at least 30 days prior to the hearing date in case any property has changed ownership and any additional property owners must be served. A notice of hearing on service line connections will also be served on the private or public owner of the main or distribution line to which the service lines are connected. A notarized &amp;quot;Report of Personal Service&amp;quot; will be completed when notification by certified mail is not used.&lt;br /&gt;
&lt;br /&gt;
One copy of the hearing notice and attachments, &amp;quot;Report of Personal Service&amp;quot; and certified mail notices are to be submitted to CCO after notification is complete.&lt;br /&gt;
&lt;br /&gt;
Prior to the hearing, the district&#039;s representative will become familiar with the details of the utility adjustment in order to provide concise testimony to expedite the hearing process. CCO will assign an attorney to work with the district and present the case.&lt;br /&gt;
&lt;br /&gt;
Refer to 7 CSR 10-3.030 020 Utility Relocation Hearings for additional information.&lt;br /&gt;
&lt;br /&gt;
A Waiver of Hearing should be obtained for non-reimbursable adjustments to document the commitment of the utility owner to adjust its utility facilities without adversely impacting the highway construction project. This may be accomplished informally via written communications between the district utilities staff and the utility owner’s representative. A [https://epg.modot.org/forms/general_files/DE/WaiverOfHearingForm.docx formal Waiver of Hearing statement] may be requested by either MoDOT or the utility owner. A [https://epg.modot.org/forms/general_files/DE/WaiverOfHearingLetter.docx sample transmittal letter for the Waiver of Hearing] is available. For reimbursable or partially reimbursable adjustments, the formal agreement serves as the basis of documentation of this commitment.&lt;br /&gt;
&lt;br /&gt;
==643.2.9 Estimates==&lt;br /&gt;
District utilities staff will negotiate with utility owners to determine reimbursable costs of the necessary adjustments to allow highway construction ([[#643.2.8_Cost_Responsibility|EPG 643.2.8 Cost Responsibility]]). These estimates are prepared in accordance with the provisions of 23 CFR 645 and any amendment thereto. These estimates must reflect the same procedures and costs used by the utility owners in their normal operations and must also accurately represent the expected costs of the work. The utility owner’s estimate will be reviewed by the district utilities staff to ensure compliance with 23 CFR 645.&lt;br /&gt;
&lt;br /&gt;
===643.2.9.1 Independent Cost Estimate===&lt;br /&gt;
The independent cost estimate provides the basis for district utilities staff to review the utility owner’s estimate of costs of the necessary utility adjustments to allow highway construction and any subsequent negotiations with the utility owner. The district utilities staff should prepare an independent cost estimate. The independent cost estimate may be based on unit prices of anticipated items of work in a utility adjustment necessary to allow highway construction. The independent cost estimate alternately may be based on recent similar types of utility adjustments necessary to allow highway construction and scaled for size. Consultants can be used to develop the independent cost estimate. All documentation of the independent cost estimate should be placed in MoProjects.&lt;br /&gt;
&lt;br /&gt;
===643.2.9.2 Type of Project Cost Estimates===&lt;br /&gt;
Either Actual Cost or Lump Sum estimates may be used for estimating the costs on the necessary utility adjustments to allow highway construction. If an Actual Cost estimate is used, detailed records of materials, labor, and equipment are made by district utilities and/or construction staff during construction, and a final audit of the utility owner’s cost records is made to determine the Commission’s actual responsibility for costs of the adjustment completed to allow highway construction. If a Lump Sum estimate is used, a final audit of costs for an adjustment in payment is not required. The Actual Cost method requires more detailed record keeping and documentation by the utility owner and district staff during construction. The Lump Sum method requires more upfront detail and work by the utility owner and judgment on the district utilities staff on the acceptability of the cost. The district utilities staff will work with the utility owner’s representative to determine the best type of estimate and therefore agreement to use.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.2.1 Actual Cost Estimate====&lt;br /&gt;
The cost estimate that supports the actual cost agreement is prepared in sufficient detail to determine the reasonable expected cost of the work to support development of an agreement between the utility owner and the Commission. However, reimbursement is based on the actual costs of design and construction of the necessary adjustment to allow highway construction. The [https://epg.modot.org/forms/general_files/DE/ActualCostCostEstimate_Example.docx actual cost estimate] should detail all costs of the necessary adjustment to allow highway construction, even if the Commission is only responsible for a portion of the costs as detailed in EPG [[#643.2.8.3_Shared_Responsibility|643.2.8.3 Shared Responsibility]].&lt;br /&gt;
&lt;br /&gt;
[https://epg.modot.org/forms/general_files/DE/ActualCostCostEstimate_Example.docx Actual cost estimates] can be used for any dollar amount of reimbursement.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.2.2 Lump Sum Estimates====&lt;br /&gt;
The cost estimate that supports the lump sum agreement must be accurate, comprehensive, verifiable, and in sufficient detail to present a clear picture of the work involved and the cost of the individual items. The estimate may cover only that portion of the adjustment for which the Commission is responsible for the costs of the necessary utility adjustments to allow highway construction.&lt;br /&gt;
Lump sum estimates are limited to a maximum of $200,000 of Commission responsibility of costs of the necessary utility adjustments to allow highway construction; however, exceptions may be made for special situations that have prior approval from Design Division. These exceptions usually cover major relocations for which the Commission&#039;s proportionate responsibility is extremely small.&lt;br /&gt;
&lt;br /&gt;
===643.2.9.3 Utility Cost Estimate Requirements===&lt;br /&gt;
Whether using an Actual Cost or Lump Sum estimate, the following should be included in the estimate, if applicable. If any of the following sections are not included in the estimate, a qualifying statement as to why the costs were not included should be provided.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.1 Scope of Work====&lt;br /&gt;
All estimates require a concise summary of the work to be performed on the estimate. An example is &amp;quot;an estimate of cost covering the work of relocating Company&#039;s 12-inch Cushing-Woodriver pipeline to accommodate construction of Route 47 in Franklin County on Job No. J6P0172&amp;quot;.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.2 Engineering Costs====&lt;br /&gt;
Costs of engineering, whether preliminary or construction, must be shown as separate items and are not to be included with &amp;quot;labor costs&amp;quot;. Concurrent cost accounting procedures of FHWA and MoDOT make this a necessity. See [[#643.2.6_Preliminary_Engineering_Requirements|EPG 643.2.6 Preliminary Engineering]] and [[#643.2.16.2_Construction_Contract_Requirements|EPG 643.2.16.2 Construction Contract Requirements]] for further information.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.3 Right of Way Costs====&lt;br /&gt;
A detailed estimate of the cost to acquire replacement easements by the utility owner is required. The cost should be supported by a right of way plan.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.4 Material Costs====&lt;br /&gt;
Quantities, description of the item, the unit cost, and the extended totals are shown. Percentage computations will be shown immediately following &amp;quot;total cost&amp;quot; so the utility owner’s and Commission&#039;s cost obligations are properly indicated. Unit assembly costs similar to those used by several of the rural electric association (R.E.A.) cooperatives are acceptable, provided the same units and charges are used in the utility owner’s regular operations. A handling charge conforming with the utility owner’s regular procedures may also be included.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.5 Labor Costs====&lt;br /&gt;
Hours, individual or crew rates, and extended totals are shown. Payroll additives such as insurance, retirement, social security, vacation, and other benefits are shown as a separate item under this heading in accordance with utility owner’s regular procedures. Adequate explanation must be given for total percentage used, especially in those cases where materials and labor are combined as unit costs or where labor percentages include additives and equipment requirements.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.6 Equipment Costs====&lt;br /&gt;
A description of the equipment to be used must be shown jointly with the number of hours to be charged. Rates charged for equipment usage must be justified by the utility owner’s established accounting procedures. When the utility owner does not have an established accounting procedure or a capitalization and depreciation schedule that is used in its own operations, the rates are to be established by using rental rate publications as a guide. A reasonable amount will be deducted, when using rental rate schedules, for profit that the rental company realizes. A full explanation of the methods used in establishing the rates must also be submitted to support the utility owner’s request and with approval of the district utilities staff.&lt;br /&gt;
&lt;br /&gt;
Equipment may be rented when the utility owner’s equipment is not available or is inadequate, with the rental rate justified by appropriate solicitation of bids. See [[#643.2.16.2_Construction_Contract_Requirements|EPG 643.16.2 Construction Contract Requirements]] for further information.&lt;br /&gt;
&lt;br /&gt;
Unusual accounting procedures may be accepted with adequate prior explanations and approval of the Design Division.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.7 Removal Costs====&lt;br /&gt;
These costs are estimated and shown in a similar method but separately from installation costs. When removal costs exceed salvage credits by more than the estimated cost of removal by the roadway contractor, an effort should be made to persuade the utility owner to abandon the utility facilities in place. An exception is made when the utility owner is required to remove abandoned utility facilities because of liability, hazard, or by specific agreement with the Commission. Abandoned utility facilities can be included with the miscellaneous removals in the roadway contract. It may be possible for the utility owner to remove those portions of the utility facility for which credits will exceed removal costs, with the remainder of the utility facility to be abandoned for removal in the roadway contract. Materials removed must be itemized, with the utility owner’s customary salvage credit given. Items to be scrapped or junked should be indicated. Whenever a utility facility or portion thereof is shown to be abandoned on the plan of adjustment, the roadway plans should be notated accordingly. This eliminates ownership problems if these utility facilities are removed or salvaged by the roadway contractor.&lt;br /&gt;
&lt;br /&gt;
When the utility facility is no longer needed and removal is necessary to accommodate the roadway project, the removal of the item may be handled either as a right-of way-item or a utility adjustment. When handled as a right of way item, the damages allowed are to equal the depreciated value of the utility facility, with the necessary removals being accomplished by the roadway contractor. If accomplished as a utility adjustment, the Commission, by utility agreement, will reimburse the utility owner for removal costs and receive salvage credit for the material removed, up to but not exceeding removal costs.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.8 Salvage of Removed Materials====&lt;br /&gt;
This statement, to explain the salvage credit or lack of credit, will reflect routine utility owner policy as well as the particular situation. The utility owner will place a value on any recovered material for salvage. District utilities staff should check this value for reasonableness. Examples of salvage statements include:&lt;br /&gt;
* Existing utility facilities to be abandoned in place, since the cost of salvaging, based on our past experience, will exceed their value.&lt;br /&gt;
* Only those items will be salvaged for which salvage credit will exceed the cost of removal and salvage.&lt;br /&gt;
* Company liability requires removal of the retired utility facilities, even though the cost of removal will exceed allowable credit for salvage.&lt;br /&gt;
* Salvage credits are in accordance with established company accounting procedures.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.9 Accrued Depreciation Credits====&lt;br /&gt;
Credit is required for the accrued depreciation of a utility facility that is being replaced. Examples are a building, structure, pumping station, filtration plant, power plant, substation, or other similar operational unit. Credit for accrued depreciation will not be required for a segment of the utility&#039;s service, distribution, or transmission lines. It is also not required when the building or structure is being moved as necessitated by the highway project. Acceptable accrued depreciation credit will be determined by using the following formula:&lt;br /&gt;
&amp;lt;math&amp;gt;\frac{\text{Actual Length of Service of Replaced Facility (Years)}}{\text{Total Estimated Service Life of Replaced Facility (Years)}} x&amp;lt;/math&amp;gt;&amp;lt;span style=&amp;quot;font-family: &#039;Times New Roman&#039;, Times, serif; font-size: 130%;&amp;quot;&amp;gt; Original Cost ($) = Credit ($)&amp;lt;/span&amp;gt;&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.10 Betterment Credits====&lt;br /&gt;
Betterment means the upgrading of the utility facility being relocated, made solely for the benefit of and at the election of the utility owner and is not attributable to the roadway improvement. Credit to the Commission is required for the additional costs incurred for the betterments introduced in the adjusted utility facility. No betterment credit is required for additions or improvements which are:&lt;br /&gt;
* Required by the highway project&lt;br /&gt;
* Replacement devices or materials that are of equivalent standards although not identical&lt;br /&gt;
* Replacement of devices or materials no longer regularly manufactured with next highest grade or size&lt;br /&gt;
* Required by law under governmental and appropriate regulatory commission code&lt;br /&gt;
* Required by current design practices regularly followed by the utility owner in its own work, and there is a direct benefit to the highway project&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.11 Overhead Costs====&lt;br /&gt;
Overhead costs are usually a percentage of the total labor cost. This item must be in accordance with the utility owner’s established accounting procedures, which in some cases may include handling costs or be a percentage of the total cost of the work involved. Additional attention to overhead costs is required when the rate is different from previously accepted rates. Occasionally, it can be difficult to obtain the necessary information at the time of the estimate to approve the overhead rates. In this situation, the estimate can be approved with exception of the overhead rates for payment. The utility owner is informed of this matter with the understanding that the overhead rates could be approved and paid with submission of appropriate supporting data and Financial Services audit review.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.12 Prorating Costs====&lt;br /&gt;
The need for prorating utility adjustment costs occurs when both the Commission and the utility owner are responsible for a portion of the utility adjustment necessary to allow for highway construction, and the actual costs for reimbursement in each category cannot be explicitly determined. Generally, the following conditions require division of costs:&lt;br /&gt;
* The adjustment is considered partially reimbursable per [[#643.2.8.3_Shared_Responsibility|EPG 643.2.8.3 Shared Responsibility]]&lt;br /&gt;
* Betterments are included in the necessary adjustment of the utility facility&lt;br /&gt;
&lt;br /&gt;
The district utilities staff should negotiate with the utility owner’s representative to determine an equitable basis for the prorating of costs based on the characteristics of the utility adjustment necessary to allow for highway construction.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.13 Costs Records====&lt;br /&gt;
The estimate should include a statement as to where the utility owner’s cost records may be reviewed. An example: &amp;quot;Company cost records will be available in our office at 2134 Industrial Avenue, Tulsa, Oklahoma&amp;quot;.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.14 Other====&lt;br /&gt;
Additional statements will explain or further clarify the work that is included. Such other items may include bypasses, special equipment, need for larger utility facilities, etc.&lt;br /&gt;
&lt;br /&gt;
==643.2.10 Schedule==&lt;br /&gt;
Timely adjustments of utility facilities are essential for efficient completion of highway construction projects. Ideally, all utility adjustments are completed prior to a project’s Plans, Specifications, and Estimate (PS&amp;amp;E) submittal to Central Office. Depending on the specifics of the highway construction and utility adjustment necessary, early completion of the utility adjustment may not be practical. The district utilities staff should negotiate with the utility owner to determine the schedule parameters necessary for the utility adjustment. At a minimum, the utility owner should document the dates it anticipates starting and completing the work. If a utility adjustment depends upon the completion of a portion of the highway construction, the necessary milestone for starting the utility adjustment should be documented along with an anticipated number of working days to complete the utility adjustment. The schedule is included as Exhibit “C” to the agreement.&lt;br /&gt;
&lt;br /&gt;
==643.2.11 Pre-Audits==&lt;br /&gt;
The district utility staff performs a pre-audit review and approval prior to preparation of the agreement. A [https://epg.modot.org/forms/general_files/DE/PreAuditChecklist.docx pre-audit checklist] should be completed and saved in MoProjects.&lt;br /&gt;
&lt;br /&gt;
==643.2.12 Utility Agreements==&lt;br /&gt;
Whenever the Commission is responsible for the cost of the necessary adjustments to allow highway construction, an agreement is required. If a Master Reimbursable Utility Agreement (see [[#643.2.12.2_Master_Reimbursable_Utility_Agreements|EPG 643.2.12.2]]) has not been executed with the utility owner, a Project Specific Agreement (see [[#643.2.12.3_Project_Specific_Agreements|EPG 643.2.12.3]]) is executed between the utility owner and the Commission. In some cases, it may be more practical for the Commission to include adjustment of utilities into a Commission administered contract. A Utility Agreement - Actual Cost (For Utility Work That is to be Included in the Missouri Highways and Transportation Commission&#039;s Road Project) (see [[#643.2.12.4_Agreement_for_Utility_Work_Included_in_Roadway_Improvement_Project|EPG 643.2.12.4]]). Agreements include a plan of adjustment (Exhibit “A”), cost estimate (Exhibit “B”), and schedule (Exhibit “C”).&lt;br /&gt;
&lt;br /&gt;
The Utility Agreement boilerplate forms have been approved by the Chief Counsel’s Office (CCO). They are identified in the upper left-hand corner of each agreement by an identifier such as CCO Form: UT01 for the Master Reimbursable Utility Agreement. CCO updates these agreements as necessary. They serve as a guide in the preparation of the agreement to be executed with the utility owner for the adjustments required to their utility facilities to accommodate the proposed roadway improvement project. District utilities staff should use the latest version of the agreement found in [https://netprod3.dot.missouri/eAgreements/Search/QuickSearch eAgreements] in drafting an agreement with utility owners. A list of utility agreements and detailed information concerning the sequence for preparing and executing an agreement is available in EPG [[:Category:153_Agreements_and_Contracts|153 Agreements and Contracts]].&lt;br /&gt;
&lt;br /&gt;
These forms are to be used word for word. Revisions or additions are only made to address specific project details. The intent of each paragraph must be retained, although specific words may be revised to fit the particular situation. No paragraphs are deleted without prior approval from CCO. For guidance on acceptance of liability, refer to the [[:Category:153_Agreements_and_Contracts#153.1.1.2_Acceptance_of_Liability_Policy_(MoDOT_Access_Only)|Acceptance of Liability Policy]] at the CCO SharePoint page. Drafts of agreements having major revisions or complications are to be submitted, with supporting data, to Design Division for comment and approval.&lt;br /&gt;
&lt;br /&gt;
A reference to 23 CFR 645 is included in all agreements. Utility owners must be acquainted with these requirements and procedures. The incorporation of 23 CFR 645 by reference in all agreements eliminates the need for a second set of regulations to be included in the document.&lt;br /&gt;
&lt;br /&gt;
The agreement for the adjustment of a utility is prepared by the district utilities staff and submitted to the utility owner for execution. The agreement is based on the plan, estimate of cost which was prepared in accordance with 23 CFR 645, and schedule. Authorized individuals representing the utility owner will execute the agreement. The agreement must be signed, sealed, and if necessary, notarized by the utility owner. If the utility owner does not have or use a corporate seal, write &amp;quot;NO SEAL&amp;quot; under the signatures of the owner’s officers. Agreements with political subdivisions are to be supported by an appropriate ordinance, a copy of which is to be submitted with the executed agreements. All copies will be forwarded to the CCO for further handling. A fully executed copy of the agreement will be retained in eAgreements. If the agreement was executed using electronic signatures, the district utilities staff should forward an electronic copy of the fully executed agreement to the utility owner. If the agreement was executed using wet signatures, one (1) paper copy of the fully executed agreement will be returned by the Commission Secretary’s Office to the district utilities staff. The district utilities staff will forward this copy to the utility owner.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.1 Buy America Build America Requirements===&lt;br /&gt;
All agreements contain information on Buy America Build America (BABA) compliance. The utility owner should select the method of certification (See [[#643.2.19_Buy_America_Build_America_for_Utilities|EPG 643.2.19]]) at the time of agreement completion. The appropriate paragraph will be inserted into the agreement. All BABA compliance documents must be retained by the utility owner and made available upon request at no cost to the Commission and/or FHWA.&lt;br /&gt;
&lt;br /&gt;
====643.2.12.1.1 Utility Owner Self-Certification====&lt;br /&gt;
The City/Company certifies that when determining products/materials subject to Buy America Build America requirements to use in the performance of this Agreement, it shall use only such products/materials for which it has received a certification from its supplier, or provider of construction services that procures the product/material, certifying compliance with Buy America Build America requirements. This does not include products/materials for which waivers have been granted pursuant to 23 CFR 635.410. The City/Company will not be required to provide the Commission copies of the supplier certification as part of this Agreement or with the final invoice of said Commission’s Federal-Aid Highway Construction Project.&lt;br /&gt;
&lt;br /&gt;
====643.2.12.1.2 Vendor/Manufacturer Certification====&lt;br /&gt;
The City/Company certifies that when determining products/materials subject to Buy America Build America requirements to use in the performance of this Agreement, it shall use only such products/materials for which it has received a certification from its supplier, or provider of construction services that procures the product/material, certifying compliance with Buy America Build America requirements. This does not include products/materials for which waivers have been granted pursuant to 23 CFR 635.410. The City/Company shall provide to the Commission all Buy America compliance documents as outlined in the Commission’s Engineering Policy Guide 643. All required compliance documents shall accompany the final invoice submitted to the Commission.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.2 Master Reimbursable Utility Agreements===&lt;br /&gt;
The UT01: Master Reimbursable Utility Agreement (MRUA) is a statewide agreement that has been executed by the utility owner and the Commission for all future reimbursable utility adjustments between both parties. Once a MRUA is executed, no other utility agreements are required on design-bid-build projects. The district utilities staff should encourage utility owners to enter into a MRUA with the Commission to reduce potential future delays in executing a project specific agreement. A list of previously executed [https://modotgov.sharepoint.com/sites/DE/Utilities/Agreements/MRUA%20-%20Existing?csf=1&amp;amp;web=1&amp;amp;e=4LJHoa Master Reimbursable Utility Agreements (Modot Access Only)] is available. District utilities staff should add newly executed agreements to this list. The MRUA can be employed as either an actual cost ([[#643.2.12.3.1_Actual_Cost_Agreements|EPG 643.2.12.3.1]]) or lump sum ([[#643.2.12.3.2_Lump_Sum_Agreements|EPG 643.2.12.3.2]]) agreement. When the reimbursable adjustment will utilize a MRUA, the district utilities staff will prepare a MRUA correspondence letter (“letter agreement”) referencing the executed MRUA. A copy of the MRUA correspondence letter should be saved in MoProjects for reference by Financial Services, the district construction office, and the district staff responsible for inspection of utility adjustments. All project specific items such as type of agreement (actual cost or lump sum), plan of adjustment, estimated total cost, cost allocation, and schedule are addressed in the MRUA correspondence letter from the district utilities staff to the utility owner. A flowchart of the MRUA process is available.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.3 Project Specific Agreements===&lt;br /&gt;
If a utility owner does not have a MRUA with the Commission, a project specific agreement will be required for every project for which the Commission is responsible for the necessary adjustments to allow highway construction. The project specific agreement will be either an actual cost ([[#643.2.12.3.1_Actual_Cost_Agreements|EPG 643.2.12.3.1]]) or lump sum ([[#643.2.12.3.2_Lump_Sum_Agreements|EPG 643.2.12.3.2]]) agreement.&lt;br /&gt;
&lt;br /&gt;
====643.2.12.3.1 Actual Cost Agreements====&lt;br /&gt;
The UT03: Utility Agreement – Actual Cost is used when detailed estimates are not practical or costs appear to be questionable. Details on actual cost estimates can be found at [[#643.2.12.3.1_Actual_Cost_Agreements|EPG 643.2.9.2.1 Actual Cost Estimates]]. Once the final invoice on a UT03 is submitted to Financial Services, district utilities staff should change the status on the agreement in eAgreements to completed.&lt;br /&gt;
&lt;br /&gt;
====643.2.12.3.2 Lump Sum Agreements====&lt;br /&gt;
The UT02: Utility Agreement – Lump Sum eliminates the need for keeping detailed records of cost and the auditing of cost records. Estimates of cost must be prepared in detail for use of this agreement. When detailed estimates are not practical or costs appear unreasonable, actual cost agreements are to be used. Use of special forms of agreements, such as &amp;quot;subordination agreements&amp;quot;, which are desired by certain utility owners, is acceptable. These, too, must be revised to cover the particular situation. Details on lump sum estimates can be found at [[#643.2.9.2.2_Lump_Sum_Estimates|EPG 643.2.9.2.2 Lump Sum Estimates]]. Once the final invoice on a UT02 is submitted to Financial Services, district utilities staff should change the status on the agreement in eAgreements to “completed”.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.4 Agreement for Utility Work Included in Roadway Improvement Project===&lt;br /&gt;
The UT04: Utility Agreement - Actual Cost (For Utility Work That is to be Included in the Missouri Highways and Transportation Commission&#039;s Road Project) allows for the adjustment to be based on actual cost with the roadway contractor performing the utility work. Caution should be exercised in the type of utilities to be relocated in roadway contracts. Utilities recommended are waterlines and sewer lines. Other utilities, such as gas lines, communication lines, and power lines are to be studied thoroughly before being included in the project.&lt;br /&gt;
&lt;br /&gt;
The Transportation Project Manager and district utilities staff must plan ahead to get this work in the roadway contract. The utility owner must agree to include the utility adjustment in the roadway contract. The adjustment may be on highway right of way or on private easement in the name of the utility owner. The utility owner can agree to allow MoDOT’s contractor to work in its easement. However, district utilities staff in consultation with district right of way staff should review the easement documentation to verify the utility owner’s rights to the easement and any limitations on its use. MoDOT’s contractor can work and operate on both Commission right of way and on the utility easement, even when not directly connected to the Commission right of way, as part of the job site. Temporary construction easements may be necessary in addition to the utility easement to ensure adequate working room for the contractor.&lt;br /&gt;
&lt;br /&gt;
:The utility owner may request exemption to any liability for negligence of our contractor working on their easement. The Commission can assume that liability (refer to [[:Category:153_Agreements_and_Contracts#153.1.1.2_Acceptance_of_Liability_Policy_(MoDOT_Access_Only)|Acceptance of Liability Policy]]), but it should be included in the utility agreement if so desired by the utility owner. A Job Special Provision is necessary to require the MoDOT contractor to hold the utility harmless from all claims due to contractor negligence.&lt;br /&gt;
&lt;br /&gt;
Subsurface information, i.e. boring data, etc., should be obtained by the utility owner since it may be needed for the design of the utility adjustment. This information should be included in the plans. If the utility owner must bear all or part of the cost of the adjustment, the utility owner must agree to pay a pre-deposit to the Commission prior to opening bids on the project. This should be in the utility agreement. The pre-deposit will be credited to the &amp;quot;Missouri Highway and Transportation Commission - Local Fund.&amp;quot; Any interest earned in the fund will apply to the cost of the adjustments. The utility agreement will include language that the utility will inspect the installation and assume maintenance of the utility facility after construction. MoDOT will also provide engineering supervision to be sure the road contractor is in compliance with the contract. Utility plans and specifications are to be approved by the owner prior to submittal to the Central Office. The following items will provide minimum information to allow MoDOT’s contractor to bid the work.&lt;br /&gt;
# Individual bid items (not &amp;quot;lump sum&amp;quot;) should be established to promote better bidding and to handle overruns and underruns. Bid items not included on the Computer Stored Bid Item list should be &amp;quot;99&amp;quot; numbers.&lt;br /&gt;
# he bid package must be in our letting format. If the package was prepared by a consultant as if the utility owner were going to let it, all bid bond or bidding procedures must be screened to remove requirements contrary to MoDOT letting requirements. District utilities staff should work with the Transportation Project Manager, Design Liaison Engineer, and Central Office Bidding and Contract Services to ensure this requirement is met.&lt;br /&gt;
# The specifications required by the utility owner should be reviewed for items that could cause a bid problem for our contractor. Items such as non-readily available materials or sizes should be avoided.&lt;br /&gt;
# Utility plan sheets should be .pdf files equivalent to 22 in. x 34 in. It is helpful to have a quantity sheet specifically for utility items.&lt;br /&gt;
# Any special procedures required for the utility installation should be included in the Job Special Provisions.&lt;br /&gt;
# The utility package should be submitted on-time to Central Office with other project plans.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.5 Agreement for a Utility Only Project===&lt;br /&gt;
Any of the above agreements can be modified for a utility only project separate from the roadway project. The utility only project may be done by forces hired by the utility owner or by the Commission. A separate utility only project has distinct advantages when the following occurs:&lt;br /&gt;
* The utility work is extensive&lt;br /&gt;
* It must be performed in accordance with the utility owner’s seasonal requirements&lt;br /&gt;
* It extends beyond the limits of the construction project&lt;br /&gt;
* It must be performed considerably in advance of the roadway contract&lt;br /&gt;
&lt;br /&gt;
Necessary environmental and design work is still required for the limits of the separate utility only project. It may be necessary in these cases to have a second agreement with the utility owner to cover any other work that must be performed concurrently with the roadway contract. These latter agreements will use the roadway construction job number. Early need for utility projects is to be determined at the time when the STIP is updated each year. The utility construction funds will be shown in the year right of way funds are assigned. This will be done whenever possible to secure early adjustment of utility facilities. A request by the district is sent to the Planning Division. Estimated dollar amounts for utility adjustments are needed. These are estimates and do not need to be extremely accurate. When a special utility project is established, it is preferred, if at all possible, to include all the utility adjustments necessary for the entire roadway project. If funds are available, additional agreements can be added to this utility project until the final invoice for the first completed agreement is received for payment.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.6 Supplemental Agreements===&lt;br /&gt;
For utility owners with a UT01 agreement, a supplemental letter agreement documenting the change in the scope or cost of the work is acceptable.&lt;br /&gt;
&lt;br /&gt;
The UT05: First Supplemental Agreement is used to document changes to UT02 and UT03 agreements. If changes to the scope of work occur that are anticipated to exceed $100,000 or 15% of the original agreement, a UT05 is required. If the final invoice on an actual cost adjustment without changes in the scope of work exceeds the limits shown in the table below, a UT05 is required.&lt;br /&gt;
&lt;br /&gt;
{| class=&amp;quot;wikitable&amp;quot; style=&amp;quot;margin-left: 25px; text-align:center&amp;quot;&lt;br /&gt;
! Amount in Original Actual Agreement !! Final Bill Total Exceeds Original Amount by:&lt;br /&gt;
|-&lt;br /&gt;
| 0-$25,000 || 50%&lt;br /&gt;
|-&lt;br /&gt;
| $25,000-$100,000 || 40%&lt;br /&gt;
|-	&lt;br /&gt;
| Exceeds $100,000 || 30%&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
Should multiple UT05s be required with the same utility owner, the UT05 should be modified for additional supplemental agreements. Once the final invoice on an UT05 is submitted to Financial Services, district utilities staff should change the status on the agreement in eAgreements to “completed”.&lt;br /&gt;
&lt;br /&gt;
==643.2.13 Utility Adjustments in Roadway Plans and Job Special Provisions (JSPs)==&lt;br /&gt;
It is the responsibility of the MoDOT Transportation Project Manager (TPM) to ensure utility plans of adjustment are shown on the project plans at the Plan, Specification, and Estimate (PS&amp;amp;E) stage based upon information coordinated by the district utilities staff with the appropriate utility owner.&lt;br /&gt;
&lt;br /&gt;
===643.2.13.1 Plans===&lt;br /&gt;
A legend showing all applicable utility symbols and the names of the utility owners is shown on the first special utility sheet. In the absence of special utility sheets, this information may be shown on the title sheet or the first plan and profile sheet. The following note is required to be placed on the title sheet or the first plan and profile sheet and the first special utility sheet (if used) to inform contractors of the suitability of the utility information contained on the plans.&lt;br /&gt;
&lt;br /&gt;
&amp;quot;The existence and approximate location of utility facilities known to exist, as shown on the plans, are based on the best information available to the Commission at this time. This information is provided by the Commission &amp;quot;as-is&amp;quot; and the Commission expressly disclaims any representation or warranty as to the completeness, accuracy, or suitability of the information for any use. Reliance upon this information is done at the risk and peril of the user, and the Commission shall not be liable for any damages that may arise from any error in the information&amp;quot;.&lt;br /&gt;
&lt;br /&gt;
===643.2.13.2 Job Special Provisions===&lt;br /&gt;
Since the addition of utility information on the plans, supplied by a third party, could subject the Missouri Highway and Transportation Commission to additional liability, a Utility JSP reflecting the status of utility adjustments will be required. The JSP will include the name, address, e-mail address, and telephone number of all utility owner representatives for all utility facilities located on the project. The anticipated adjustment completion date for each utility adjustment is also to be shown based on the agreed upon dates, durations, or completion dates with the utility owner’s representative. This information will inform the bidder of the status of utilities for proper work coordination that could affect the bids for the proposed highway construction project. Status notations will include general notations such as: “N/A”, “Work is in progress”, “Work has not started”, “Work is complete”, and “Work is included in contract.”&lt;br /&gt;
&lt;br /&gt;
===643.2.13.3 PS&amp;amp;E Submittal===&lt;br /&gt;
In the District Final Plans Submittal Checklist (D-12), the TPM should note any issues related to existing utility facilities or the adjustment of utility facilities either shown or not shown on the plans. Projects with “No Utility Impacts” such as some overlays, striping, bridge washing, etc. do not need a Utility Status Letter or Utility JSP. The D-12 is used for these projects. In the D-12, under Project Details – “Utilities”, the note “NO” is selected and under “Status”, select “Clear”. For all other projects, the district utilities staff will write a Utility Status Letter. The TPM will include the Utility Status Letter with the submittal of the final plans to the Design Division. The Utility Status will be defined as:&lt;br /&gt;
# Utility facilities are present, but no conflict is anticipated with the highway construction project. Or,&lt;br /&gt;
# All utility facilities requiring adjustment to allow highway construction have been physically adjusted on the project. Or,&lt;br /&gt;
# Utility construction work is planned or active and will be completed to such a point that no impact will be expected to the highway construction project. The status of this work is defined in the utility JSP. Or,&lt;br /&gt;
# Utility facilities are not expected to be adjusted by the notice to proceed date for the road project, but the utility work will have no impact on the progress of the highway construction project. The status of this work is defined in the utility JSP. Or,&lt;br /&gt;
# Utility facilities must be adjusted after the road contractor completes stage construction or in coordination with the contractors’ work. Details of the coordination effort required of the contractor are defined in the utility JSP to properly advise bidders. Or,&lt;br /&gt;
&lt;br /&gt;
# Utility adjustment plans and specifications are included in the bid documents for the highway construction project. A UT04 agreement must be executed.&lt;br /&gt;
&lt;br /&gt;
==643.2.14 Payment to Utility Companies for Reimbursable Work==&lt;br /&gt;
Authorization and federal funding obligation must be approved prior to incurring costs. This applies to all types of work on utility facilities including preliminary engineering. An obligation is a commitment by the federal government to reimburse MoDOT for the federal share of a project’s eligible cost.&lt;br /&gt;
&lt;br /&gt;
===643.2.14.1 Obligation Process===&lt;br /&gt;
Federal funding can be used with both lump sum and actual cost agreements. After the utility agreement is fully executed, the district utilities staff will email a copy of the utility agreement or the letter agreement referencing the MRUA to the email group OBLIGATE. This email should request the authorization authority for use of federal funds and to be informed of a Notice to Proceed (NTP) (see [[#643.2.15_Notice_to_Proceed|EPG 643.2.15]]) date by Financial Services once federal funding has been obligated. District utilities staff should allow three (3) weeks to receive the NTP. Financial Services will use Advance Construction (AC) funding to fund reimbursement to utility owners. With AC funding, state funds initially are used to pay for reimbursement to utility owners. Once construction is complete, with appropriate documentation of the work via the [https://epg.modot.org/forms/general_files/DE/C-9.docx C-9] and [https://epg.modot.org/forms/general_files/DE/C-13.docx C-13], Financial Services will convert to federal funding.&lt;br /&gt;
&lt;br /&gt;
===643.2.14.2 Preliminary Engineering===&lt;br /&gt;
On occasion, preliminary engineering (PE) may need to be undertaken by the utility owner prior to the execution of a utility agreement. If a utility owner has a MRUA, an estimate of the cost of the PE work by the utility owner may be used to obligate funding for preliminary engineering under the MRUA as a PE only letter agreement. If a lump sum or actual cost agreement will be required with the utility owner for the project, district utilities staff should do two (2) agreements with one agreement covering PE only, and once a design for the adjustment is obtained, a second agreement for the construction of the adjustment should be executed. If a separate PE only agreement is obtained, NTP will need to be issued twice to the utility owner: once for PE and once for construction.&lt;br /&gt;
&lt;br /&gt;
===643.2.14.3 Right of Way===&lt;br /&gt;
Once Notice to Proceed has been given, the utility owner may begin the right of way acquisition process. If the utility owner needs to acquire right of way prior to a full agreement for relocation has been negotiated, the agreement specifically for the acquisition of right of way should be executed. This agreement will be sent to Financial Services to begin the obligation process.&lt;br /&gt;
&lt;br /&gt;
===643.2.14.4 Construction===&lt;br /&gt;
Payment to utility owners for construction of the adjustment may occur in a number of phases.&lt;br /&gt;
&lt;br /&gt;
====643.2.14.4.1 Prepayment====&lt;br /&gt;
Per the utility agreement, the Commission allows utility owners to be prepaid prior to commencing work. The district utilities staff may negotiate the prepayment if the utility owner is receptive. The utility owner will submit a request for prepayment with an invoice prior to any prepayment. Route, county, and job number must be included in the request. The district utilities staff will submit a request to Financial Services with a copy saved in MoProjects for future reference by the district staff responsible for inspection of the utility adjustment.&lt;br /&gt;
&lt;br /&gt;
====643.2.14.4.2 Progress Payments====&lt;br /&gt;
If a utility owner has not been prepaid the entire estimated amount in the utility agreement, then the utility owner may request progress payments after completing a portion of the proposed work, including PE.&lt;br /&gt;
&lt;br /&gt;
Progress payments for PE by consultants should not exceed the &amp;quot;maximum not to exceed amount&amp;quot; shown in the cost estimate unless additional costs are approved first by district utilities staff.&lt;br /&gt;
&lt;br /&gt;
For progress payments, the utility owner is required to submit only a summary of work and materials for which payment is claimed, not a detailed billing. District utilities staff should check only to be sure that sufficient work has been done to justify making the requested payment. Payment should be made for allowable costs incurred up to the date of the progress payment request.&lt;br /&gt;
&lt;br /&gt;
Progress payment invoices do not relieve the utility owner of the responsibility of submitting one complete and final invoice upon completion of the adjustment. The utility owner’s address must be shown on the invoice. The district utilities staff should submit progress payment invoices and applicable C-9s to Financial Services within one (1) week of receipt of invoice.&lt;br /&gt;
&lt;br /&gt;
One copy of the progress payment and one copy of the district utilities staff letter of recommendation must be sent to Financial Services for payment and be stored in MoProjects. The cover memo should include the project number, route, county, actual cost or lump sum utility agreement, Commission obligation percentage, total cost estimate of Commission obligation, and indicate the progress payment number, i.e., progress payment number 1, 2, 3, etc. If more than one progress payment is requested by the utility company, the district should submit progress payment bills to Financial Services in the following format:&lt;br /&gt;
{| class=&amp;quot;wikitable&amp;quot; style=&amp;quot;margin-left: 25px; text-align:center&amp;quot;&lt;br /&gt;
! Payment !! Amount&lt;br /&gt;
|-&lt;br /&gt;
| Progress Payment #1 || $50,000&lt;br /&gt;
|-&lt;br /&gt;
| Progress Payment #2 || 10,000&lt;br /&gt;
|-	&lt;br /&gt;
| Total Payment to Date || $60,000&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
This format will help clarify payment history with the utility owner. Progress payments for actual cost utility agreements may not exceed the Commission&#039;s total estimated cost shown in the agreement. However, if the request for a progress payment exceeds the original estimate, a change order with explanation should accompany the request. (See [[#643.2.16.5_Change_Orders|EPG 643.2.16.5 Change Orders]].)&lt;br /&gt;
&lt;br /&gt;
====643.2.14.4.3 Final Payment====&lt;br /&gt;
Utility owners are required to submit a detailed final invoice to MoDOT for all actual cost reimbursable utility work and for any lump sum reimbursable utility work that was not prepaid. For prepaid lump agreements, the utility owner must submit a zero-dollar ($0) invoice to demonstrate the work has been completed. After the utility work has been fully completed, the district utilities staff responsible for inspection should send the utility owner a “60 Day” [https://epg.modot.org/forms/general_files/DE/FinalInvoiceLetter.docx Final Acceptance Letter] requesting a complete final invoice within 60 days, as detailed in the utility agreement. If the final invoice is not received from the utility owner within 30 days, then a follow up letter should be sent (i.e., “30 Day” [https://epg.modot.org/forms/general_files/DE/FinalInvoiceReminderLetter.docx Reminder Final Invoice Letter]) reminding the utility owner of its obligation to submit a final invoice within 60 days of the completed work. If a final invoice from the utility owner is not received within this timeframe, then the district utilities staff should contact the Design Liaison Engineer for guidance on how to close out the work.&lt;br /&gt;
&lt;br /&gt;
The district utilities staff is expected to check the final bill within two (2) weeks after receipt in as much detail as possible against the C-9. It is their responsibility to verify from field records the quantities of labor, equipment, material used, material retired, and to justify all changes made. If the utility owner’s contractor made the adjustment at unit cost prices, then it is the district utility staff’s responsibility to verify the number of units completed and not the hours of labor and equipment. It is also important for the utility owner to show the words “final bill” or “final invoice” on the last bill, in order for MoDOT to understand that no additional charges will be made on the adjustment. The final bill must show a general description of the utility adjustment, the highway project number, the date on which work was completed or last item of billed expense was incurred, and the location where records can be audited. The order of items in the final statement should follow as closely as possible the order of items in the original estimate. A summary, on the utility owner’s letterhead, of the total cost of preliminary engineering, construction engineering, right of way, labor, overhead, construction travel expense, transportation, equipment, materials, supply, handling, and salvage credits should be shown in a way that will permit direct comparison with the approved estimate from the original or supplemental agreements (see [[#643.2.12.6_Supplemental_Agreements|EPG 643.2.12.6]]).&lt;br /&gt;
&lt;br /&gt;
If the Actual Cost final invoice shows a much higher cost than the original estimate without scope change, the utility owner is required to give reasons in a letter to the district utilities staff explaining why the invoice cost increased. When the Actual Cost final invoice exceeds the amount shown in the table in [[#643.2.12.6_Supplemental_Agreements|EPG 643.2.12.6]], a supplemental agreement is required.&lt;br /&gt;
&lt;br /&gt;
When the district utilities staff has determined that the final invoice is accurate, the C-13 should be completed. Once the C-13 is completed, the C-13 and the final invoice from the utility owner are forward to Financial Services. For Actual Cost agreements, the C-9s should also be included in this transmittal. If no additional payments are required, the district utilities staff should note this in the transmittal as well. If the final invoice indicates previous payments to a utility owner exceeded the final invoice, the utility owner will need to send MoDOT a check for the overpayment amount. The check should be made payable to Director of Revenue – Credit State Road Fund. If the utility owner did not send MoDOT an overpayment check with the final invoice, district utilities staff should send a letter to the utility owner requesting the refund amount. Submittal of the final invoice to Financial Services should not occur until repayment has been received. The submittal to Financial Services should note the receipt of the repayment check.&lt;br /&gt;
&lt;br /&gt;
==643.2.15 Notice to Proceed==&lt;br /&gt;
For PE only, once an agreement has been executed, and Financial Services has advised that authorization from FHWA has been received, district utilities staff will issue a notice to proceed (NTP) letter to the utility owner for the PE. For agreements that include PE and construction or once a final agreement for construction has been executed, right of way clearance has been issued, and Financial Services has advised that authorization from FHWA has been received, the district utilities staff will issue NTP to the utility owner for construction. See [https://epg.modot.org/forms/general_files/DE/NoticeToProceedExampleLetter.docx Example of Notice to Proceed Letter]. If salvage credit is part of the agreement with the utility owner, the NTP letter should include a statement that the utility owner will need to inform district utilities staff of the time and place that inspection may be made of the removed material. The utility owner may be held accountable for full value of materials disposed without proper notice. Utility owners may purchase materials prior to NTP for construction; however, no other work on the adjustment necessary to allow highway construction may begin prior to NTP for construction. The utility owner, for reasons of planning their workload or due to seasonal situations, may request early authorization to perform the work. This request, with the district utilities staff recommendations, is sent to the Design Liaison Engineer for further handling, approval, and advancement of the necessary funds. A copy of the NTP should be saved in MoProjects. If a utility owner begins adjustments prior to NTP for construction, district utilities staff should notify the utility owner immediately in writing that reimbursement will not be made for work done prior to NTP for construction.&lt;br /&gt;
&lt;br /&gt;
==643.2.16 Construction of Utility Adjustments==&lt;br /&gt;
===643.2.16.1 Utility Owner Self-Perform===&lt;br /&gt;
As per 23 CFR 645.115 Construction, it may be cost-effective for certain utility adjustments to be performed by a utility owner with its own internal forces and equipment, provided the utility owner is qualified to perform the work in a satisfactory manner. This cost-effectiveness finding covers minor work on the utility owner’s existing utility facilities routinely performed by the utility owner with its own forces.&lt;br /&gt;
&lt;br /&gt;
===643.2.16.2 Construction Contract Requirements===&lt;br /&gt;
When the utility owner is not adequately staffed and equipped to perform such work with its own forces and equipment at a time convenient to coordination with the associated highway construction, such work may be done one of four ways for utility adjustments:&lt;br /&gt;
# MoDOT can provide the construction services, via awarded contract to the lowest qualified bidder based on appropriate solicitation. This can be done by including the adjustment work in the roadway improvement project ([[#643.2.14_Payment_to_Utility_Companies_for_Reimbursable_Work|EPG 643.2.12.4 Utility Agreement for Utility Work Included in Roadway Improvement Project]]) or by having a utility only project ([[#643.2.12.5_Agreement_for_a_Utility_Only_Project|EPG 643.2.12.5 Utility Only Project]]).&lt;br /&gt;
# The utility owner can award a construction contract to the lowest qualified bidder based on appropriate solicitation.&lt;br /&gt;
# The utility owner can utilize an existing continuing contract, provided the costs are reasonable (see [[#643.2.9.1_Independent_Cost_Estimate|EPG 643.2.9.1 Independent Cost Estimate]]).&lt;br /&gt;
# The utility owner can contract for low-cost incidental work, such as tree trimming and the like, without competitive bidding, provided the costs are reasonable (see [[#643.2.9.1_Independent_Cost_Estimate|EPG 643.2.9.1 Independent Cost Estimate]]).&lt;br /&gt;
&lt;br /&gt;
When a utility owner chooses option 2 to award its own new construction contract, the utility owner must provide the following documents and information to the district utilities staff. These documents need to be provided as soon as the utility owner has chosen to pursue a construction contract. Document 1 must be supplied by all utility owners. Documents 2 and 3 are only required when the utility owner is a local government agency who is also a political subdivision of the state of Missouri (e.g., city-owned utilities, county-owned utilities). All other utility owners are encouraged, but not required, to provide Documents 2 and 3.&lt;br /&gt;
# A statement that the utility owner is not staffed or able to perform the required construction activities with its own forces.&lt;br /&gt;
# A copy of the request for proposal used to secure bids.&lt;br /&gt;
# A list of a minimum of 3 bidders whom they believe can do the work. &#039;&#039;&#039;Political subdivisions are required to advertise for the work&#039;&#039;&#039;.&lt;br /&gt;
# Upon review of these documents, the district utilities staff will advise the utility owner to proceed with the solicitation of bids, but the utility owner will not be permitted to award the contract without the concurrence of district utilities staff. For lump sum agreements, approval of contract work and subcontract work is not required.&lt;br /&gt;
&lt;br /&gt;
The following documents need to be provided as soon as the utility owner has determined the lowest qualified contractor and would like to award the project. Document 1 must be supplied by all utility owners. Document 2 is only required when the utility owner is a local government agency who is also a political subdivision of the state of Missouri (e.g., city-owned utilities, county-owned utilities). All other utility owners are encouraged, but not required, to provide Document 2.&lt;br /&gt;
# The name address of the lowest qualified contractor.&lt;br /&gt;
# The tabulation of bids received and other information to support their recommendation for award to the lowest qualified bidder.&lt;br /&gt;
&lt;br /&gt;
The district utilities staff will review and approve the utility owner&#039;s bid information prior to the award of the contract. The Design Liaison Engineer is available to assist the district with review of bid information if necessary. Once the district utilities staff provides concurrence, the utility owner may proceed with awarding the contract. When the utility owner is a local government agency who is also a political subdivision of the state of Missouri (e.g., city-owned utilities, county-owned utilities), a copy of the executed contract must be shared with the district utilities staff. All other utility owners are encouraged, but not required, to provide a copy of the executed contract.&lt;br /&gt;
&lt;br /&gt;
A [https://epg.modot.org/forms/general_forms/DE/UtilityConsultantContractChecklist.docx checklist is available for reviewing contracts] to ensure the contract conforms to MoDOT policy and complies with applicable federal regulations.&lt;br /&gt;
&lt;br /&gt;
When a utility owner chooses to utilize an existing continuing contract, the utility owner will submit a copy of the contract to the district utilities staff. The district utilities staff will review the contract for reasonableness of cost. If district utilities staff and the utility owner’s representative cannot agree on the reasonableness of cost, then the utility owner will be required to award a new construction contract.&lt;br /&gt;
&lt;br /&gt;
===643.2.16.3 Inspection===&lt;br /&gt;
The degree of inspection needed for utility adjustments will vary considerably with the nature and location of the work and whether the Commission is responsible for any portion of the cost of reimbursement. Judgment must be used regarding the manner and regularity of inspection duties. Some phases of the work require a very close check to ensure that the highway will not be adversely affected and to ensure satisfactory performance of work in accordance with the agreement and plans. The degree of inspection may vary from spot checking of overhead installations to continuous close observation of backfilling trenches beneath proposed pavement, embankment area, or adjacent to bridge abutments. Proper inspection can ensure that the utility adjustment is completed as efficiently as possible to minimize future impacts to the utility facility and the highway construction project. A [https://epg.modot.org/forms/general_files/DE/UtilityFieldInspectionChecklist.docx Field Inspection Checklist] to assist district utilities staff responsible for inspection is available.&lt;br /&gt;
&lt;br /&gt;
If it is found that any actual cost reimbursable utility adjustment is being performed by unapproved contractors, district utilities staff should direct the work to stop. The utility owner’s representative should be informed immediately and should be advised in writing that the costs incurred by an unapproved contractor are not eligible for reimbursement under provisions of the agreement. The district utilities staff can take appropriate steps to approve a subcontract and advise when the utility owner can recommence work.&lt;br /&gt;
&lt;br /&gt;
===643.2.16.4 Documentation===&lt;br /&gt;
All documents related to the construction of the utility adjustment necessary to allow highway construction should be stored in MoProjects.&lt;br /&gt;
&lt;br /&gt;
Construction records must be kept to confirm that work is done in accordance with the terms of the agreement and in the manner proposed in the plans. The importance of a complete and accurate record cannot be overemphasized. Detailed records are necessary to support the recommendation for payment of the final invoice. A complete, separate daily record must be kept on each actual cost adjustment and submitted for review when the final invoice is recommended for payment. This district utilities staff responsible for inspection should complete the Daily Utility Report (C-9).&lt;br /&gt;
&lt;br /&gt;
====643.2.16.4.1 Utility Reports====&lt;br /&gt;
The Daily Utility Report ([https://epg.modot.org/forms/general_files/DE/C-9.docx Form C-9]) and the Final Utility Report ([https://epg.modot.org/forms/general_files/DE/C-13.docx Form C-13]) are used for documenting utility adjustments necessary to allow highway construction. The use of C-9s and C-13s will vary with method of reimbursement. For utility adjustments necessary to allow highway construction that overlap with the highway contractor’s work, progress records should be kept as necessary to coordinate the highway and utility construction activities. Sufficient records must be maintained to check and verify the items of labor, equipment, materials, and salvaged items as submitted on the final invoice.&lt;br /&gt;
&lt;br /&gt;
=====643.2.16.4.1.1 Daily Utility Report (C-9)=====&lt;br /&gt;
C-9s are only required for actual cost agreements. The district utilities staff responsible for inspection must in all cases keep records to document inclement weather, down time, and verbal authorization for minor changes. The district utilities staff responsible for inspection must complete a C-9 documenting the number and classification of employees and number of hours worked. Records of material used and of retired materials returned to stock or scrapped must be kept. The utility owner’s major items of equipment must also be recorded. When work is done by the contract method based on unit prices, the district utilities staff responsible for inspection should ascertain that units of work as provided in the bid proposal are measured and recorded to form a basis for checking the final invoice. C-9s should list the location and the number of units of work accomplished for that period. If contract labor or equipment is used by a utility owner on the basis of a bid per hour, per day, etc., it will be necessary to keep records on this labor or equipment time in the same manner as if the utility owner were performing the work with its own internal forces. District utilities staff responsible for inspection should also note all contractors working for the utility owner and the contractor approval authorization dates given in the agreement.&lt;br /&gt;
&lt;br /&gt;
=====643.2.16.4.1.2 Final Utility Report (C-13)=====&lt;br /&gt;
C-13s summarize that the utility adjustment work that was done in accordance with the agreement and plans, the percentage of total cost that is the responsibility of the Commission, and any progress payments that have been made. A C-13 is required for both actual cost and lump sum agreements. The requested numbers shown on line 9 (Commission Estimated Cost) and line 10 (Amount of Final Bill) in the report are the Commission’s total responsibility.&lt;br /&gt;
&lt;br /&gt;
====643.2.16.4.2 Breakdown and Emergency====&lt;br /&gt;
When breakdown and emergency situations occur, prior approval by MoDOT is not required for contract or equipment rental work unless the cost or period of time will be extensive. The utility owner should furnish a letter as soon as possible to explain the situation and set out the estimated costs involved. The district utilities staff’s records should substantiate the need and the changes for personnel and equipment.&lt;br /&gt;
&lt;br /&gt;
====643.2.16.4.3 Stop Work====&lt;br /&gt;
If at any point, a stop work order is given by MoDOT to a utility owner, written documentation of the stop work order should be saved in MoProjects.&lt;br /&gt;
&lt;br /&gt;
===643.2.16.5 Change Orders===&lt;br /&gt;
Any change in the plan of adjustment should be documented in writing to the utility owner as a change order. If the change order is anticipated to exceed $100,000 or 15% of the original agreement amount, district utilities staff should negotiate a supplemental agreement with the utility owner’s representative. Once a supplemental agreement is in place, district utilities staff should contact Financial Services to obtain an adjustment of the obligation mid-project. Change orders without supplemental agreements will be settled once the project is complete.&lt;br /&gt;
&lt;br /&gt;
====643.2.16.5.1 Actual Cost Agreement====&lt;br /&gt;
Slight modifications in quantities or the addition of minor items not included with the original agreement do not require a supplemental agreement. However, such changes should be documented in writing with the utility owner. A supplemental agreement is needed if costs exceed the above threshold or if there is a change in the percentage of cost that is the Commission’s responsibility on an agreement with shared responsibility for costs. Intermediate partial payments cannot be made on items in a supplemental agreement until the supplemental agreement is approved.&lt;br /&gt;
&lt;br /&gt;
====643.2.16.5.2 Lump Sum Agreement====&lt;br /&gt;
A supplemental agreement to a Lump Sum Agreement is only required for significant changes in the scope of work of the utility adjustment necessary to allow highway construction. Normal overruns are not considered as changes in approved work and will not be reimbursed. Significant changes in the scope of work on utility adjustments necessary to allow highway construction cannot be done until the supplemental agreement is approved, and the adjustment in obligation of funds is complete.&lt;br /&gt;
&lt;br /&gt;
==643.2.17 Utilities during Highway Construction==&lt;br /&gt;
The contractor is responsible for having utilities located by contacting Missouri One-Call (811) prior to any excavation on the project. A reminder of this responsibility should be made at the preconstruction meeting.&lt;br /&gt;
&lt;br /&gt;
===643.2.17.1 Preconstruction Meeting (Pre-Con)===&lt;br /&gt;
District utilities staff should be invited to all pre-cons.&lt;br /&gt;
&lt;br /&gt;
Pre-cons fall into three categories relating to utilities:&lt;br /&gt;
# No utility adjustments are anticipated within the project limits,&lt;br /&gt;
# All utility adjustments completed prior to the pre-con, and&lt;br /&gt;
# All utility adjustments not completed prior to the pre-con.&lt;br /&gt;
&lt;br /&gt;
====643.2.17.1.1 No Utility Adjustments Anticipated within the Project Limits====&lt;br /&gt;
For projects without a Utility Job Special Provision (JSP), no involvement of the utility owners is required at the pre-con. For projects with a Utility JSP, the Resident Engineer (RE) should invite all utility owner representatives listed in the JSP with known required adjustment to the pre-con. The RE should review potential impacts of the highway construction project with the contractor and the utility owner.&lt;br /&gt;
&lt;br /&gt;
====643.2.17.1.2 All Utility Adjustments Completed Prior to the Pre-Con====&lt;br /&gt;
The RE should invite all utility owner representatives listed in the JSP with known required adjustment to the pre-con. The RE should review potential impacts of the highway construction project with the contractor and the utility owner. A general discussion should highlight the previous adjustments made by the utility owner and what abandoned utility facilities the contractor may encounter.&lt;br /&gt;
&lt;br /&gt;
====643.2.17.1.3 All Utility Adjustments Not Completed Prior to the Pre-Con====&lt;br /&gt;
It is important for the RE and inspector to understand the utility owner’s work schedule and how it relates to the contractor’s work schedule. During the pre-con, the schedule of the utility owner and highway construction contractor should be discussed, and conflicts should be addressed to allow utility adjustments and highway construction to progress as near to the proposed schedule as possible. On large-scale projects that have many utility issues to address that could impact the work of the highway construction contractor, it may be necessary to have a separate pre-con with utility owner representatives.&lt;br /&gt;
&lt;br /&gt;
===643.2.17.2 Coordination Meetings===&lt;br /&gt;
When the utility work will not be completed soon after the preconstruction meeting, the RE should meet with district utilities staff, the highway construction contractor, and the utility owner representatives on a regular basis to discuss utility coordination issues, so expectations from all parties are known and conveyed clearly. The utility owner may need some work performed by MoDOT or the highway construction contractor prior to completing their adjustments. (Examples include: survey staking of right of way or proposed facilities, trees cleared, grading performed, or new structures built).&lt;br /&gt;
&lt;br /&gt;
==643.2.18 Service Drops==&lt;br /&gt;
Power and communication services provided by utility owners are necessary for the operation of the highway system. These services may include power to traffic signals, lighting, or ITS devices; power for cathodic protection; or telecommunication services to signal controllers or ITS devices. The project design teams should work with district utilities staff to identify proper locations for the applicable utility owners to provide these services. Various utility owners have different requirements for this process. The district utilities staff is encouraged to develop a workable relationship with the utility owners who provide these services to MoDOT. The costs of installing the services charged by the utility owner are considered a non-contractual item and should be accounted for in the project’s budget in the STIP. The proposed location and method for the service drops should be shown on the roadway plans. District utilities staff should meet with the utility owner’s representative to ensure the proposed location can be accommodated by the utility owner. For electrical service connections, the power supply assembly is ideally located a maximum of ten feet (10’) from the source location. Plans submitted for PS&amp;amp;E should reflect the agreed upon location for all service connections. During construction, district utilities staff and district construction staff should work together to ensure the placement of the services is consistent with the project plans. Payment for the service drops should be invoiced by the utility owner to the district. District utilities staff is responsible for submission of the invoice directly to Financial Services for payment noting the non-contractual charges for the project.&lt;br /&gt;
&lt;br /&gt;
==643.2.19 Buy America Build America for Utilities==&lt;br /&gt;
FHWA’s Buy America Build America (BABA) policies require a domestic manufacturing process for all steel or iron products, other construction materials, and manufactured products that are permanently incorporated into Federal-Aid Highway construction projects, including products and materials used for adjustments to utility facilities to allow highway construction. These guidelines are for all federally reimbursable transportation projects where FHWA is the lead federal agency; it does not take precedence over projects where Federal Transit Administration or the Federal Railroad Administration is deemed the be the lead federal agency.&lt;br /&gt;
&lt;br /&gt;
===643.2.19.1 Program Requirements for Utilities===&lt;br /&gt;
All MoDOT projects are federal-aid projects, and therefore, all reimbursable utility adjustments are required to follow the provisions of BABA. More information on MoDOT’s BABA policy and procedures can be found in [[106.9_Buy_America_Requirement|EPG 106.9 Buy America Requirement]]. Specifically, utility owners should be aware of the following procedures for determining applicability of the EPG 106.9 requirements to reimbursable utility adjustments necessary to allow highway construction:&lt;br /&gt;
* BABA does not apply when materials are relocated from one location to another within the project limits.&lt;br /&gt;
* BABA does not apply for materials necessary for temporary utility adjustments assuming materials are removed from the right of way upon completion of the utility adjustment to allow highway construction.&lt;br /&gt;
* Non-reimbursable work must be kept separate from reimbursable work (agreements, permits, etc.) in order to not be subject to BABA.&lt;br /&gt;
&lt;br /&gt;
===643.2.19.2 Certification Requirements for Utilities===&lt;br /&gt;
Utility owners have the option of choosing either to self-certify BABA compliance or provide vendor/manufacturer certification to MoDOT. The method of certification is chosen by the utility owner and is documented in either the MRUA or the project specific agreement. Regardless of agreement type or certification method, the utility owner must be compliant with BABA requirements.&lt;br /&gt;
&lt;br /&gt;
====643.2.19.2.1 BABA Utility Owner Self-Certification====&lt;br /&gt;
If a utility owner chooses to self-certify BABA compliance, the utility owner is not required to provide MoDOT copies of the supplier certification as part of the project documentation or with the final invoice for any reimbursable utility adjustment necessary to allow highway construction. Retention of all documents should be as described in the agreement.&lt;br /&gt;
&lt;br /&gt;
====643.2.19.2.2 BABA Vendor/Manufacturer Certification====&lt;br /&gt;
If a utility owner chooses to use vendor/manufacturer certification, the utility owner will supply MoDOT BABA compliance from all vendors and/or manufacturers. Certification from vendors will be signed by an authorized representative of the vendor on company letterhead or other acceptable documentation and will declare that all supplied materials subject to BABA requirements are fully compliant. Certification from iron or steel manufacturers must be in the form of a mill test report (MTF) issued and signed by the initial fabricator stating the materials subject to BABA were melted and manufactured in the United States. Other written statements on company letter or other acceptable documentation signed by an authorized representative of the manufacturer for any additional treatment to the fabricated material (such as blasting, galvanizing, painting, or coating) will state that all treatment processes occurred in the United States according to FWA guidelines. Retention of all documents should be as described in the agreement. Manufacturer certification for manufactured products or construction materials will state that all materials were sourced from the United States and were fabricated in the United States. Retention of all documents should be as described in the agreement.&lt;br /&gt;
&lt;br /&gt;
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&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643.4 Railroads (NO CHANGE) &#039;&#039;PAGE TITLE&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;&lt;br /&gt;
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==236.5.12 Excess Land Conveyances &amp;amp; Relinquishments - Utilities==&lt;br /&gt;
All conveyances and relinquishments of Commission-owned property shall be evaluated for the existence of any utility facilities located within the areas to be conveyed or relinquished. A conveyance or relinquishment of Commission-owned property may have implications to the utility facilities, and the utility owners, when the Commission no longer controls the property. It is important to maintain the continuity of utility facilities for the general public; therefore, to identify and minimize potential impacts, MoDOT shall involve utility owners in the conveyance and relinquishment processes.&lt;br /&gt;
&lt;br /&gt;
===236.5.12.1 Excess Land Conveyances Utilities===&lt;br /&gt;
MoDOT shall only recommend that a property be declared excess upon satisfactorily addressing the utility impacts. Whether MoDOT or an external party initiates the conveyance of excess property, utility impacts shall be adequately addressed by using one of the following methods: &lt;br /&gt;
:1. Each utility facility will be relocated by permit into a new utility corridor retained by the Commission.&lt;br /&gt;
:2. Each utility facility will remain in place with the benefit of a non-exclusive permanent utility easement.&lt;br /&gt;
::&#039;&#039;If the Commission holds fee simple title to the property, the Commission shall convey a non-exclusive permanent utility easement to each utility owner&#039;&#039;.&lt;br /&gt;
::&#039;&#039;If the Commission holds a less than fee simple title interest in the property, MoDOT shall facilitate the conveyance of a non-exclusive permanent utility easement from the party acquiring the property to each utility owner&#039;&#039;.&lt;br /&gt;
:3. Each utility facility will be relocated to another portion of the property being conveyed.&lt;br /&gt;
::&#039;&#039;If the Commission holds fee simple title to the property, the Commission shall convey a non-exclusive permanent utility easement to each utility owner&#039;&#039;. &lt;br /&gt;
::&#039;&#039;If the Commission holds a less than fee simple title interest in the property, MoDOT shall facilitate the conveyance of a non-exclusive permanent utility easement from the party acquiring the property to each utility owner&#039;&#039;.&lt;br /&gt;
:4. Each utility facility will be relocated onto a portion of the property already owned by the party acquiring the Commission-owned property, with the benefit of a non-exclusive permanent easement. (MoDOT shall facilitate the conveyance of a non-exclusive permanent utility easement from the party acquiring the property to each utility owner.)&lt;br /&gt;
:5. A three-party negotiated settlement taking into consideration the overall value of the proposed transaction.&lt;br /&gt;
:6. Additional options to address utility impacts may be utilized with approval from the Asst. to the State Design Engineer - Right of Way.&lt;br /&gt;
&lt;br /&gt;
===236.5.12.2 Road Relinquishment Utilities===&lt;br /&gt;
MoDOT shall only recommend the relinquishment of roadways through the [[236.14 Change in Route Status Report|Change in Route Status Report]] upon satisfactorily addressing the impacts to utility facilities. If the roadway will be relinquished to a local public transportation authority, with the intent that it continues to be used as a public roadway, a clause similar to the following shall be included in the deed from the Commission to the local public transportation authority:&lt;br /&gt;
:&#039;&#039;&amp;quot;Grantee, by acceptance of this conveyance, covenants and agrees for itself, its successors and assigns, to allow known or unknown utility facilities currently located on the property, whether of record or not, to remain on the property, and to grant the current and subsequent owners of those facilities the right to maintain, construct and reconstruct the facilities and their appurtenances over, under, and across the land herein conveyed, along with the right of ingress and egress across the land herein conveyed to and from those utilities.&amp;quot;&#039;&#039; &lt;br /&gt;
&lt;br /&gt;
Proposed roadway relinquishments to private entities shall be reviewed in a manner consistent with the conveyance of excess property described in [[236.5 Property Management#236.5.3 Asset Management Committee|EPG 236.5.3 Asset Management Committee]].&lt;/div&gt;</summary>
		<author><name>Hoskir</name></author>
	</entry>
	<entry>
		<id>https://epg.modot.org/index.php?title=User:Hoskir/Revision_Request_4225&amp;diff=58881</id>
		<title>User:Hoskir/Revision Request 4225</title>
		<link rel="alternate" type="text/html" href="https://epg.modot.org/index.php?title=User:Hoskir/Revision_Request_4225&amp;diff=58881"/>
		<updated>2026-06-22T18:50:44Z</updated>

		<summary type="html">&lt;p&gt;Hoskir: /* 643.2.16.2 Construction Contract Requirements */&lt;/p&gt;
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&lt;div&gt;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643 Utility Procedures  &#039;&#039;CATEGORY&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt; &lt;br /&gt;
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| &#039;&#039;&#039;&amp;lt;center&amp;gt;&amp;lt;u&amp;gt;Additional Resources&amp;lt;/u&amp;gt;&amp;lt;/center&amp;gt;&#039;&#039;&#039;&lt;br /&gt;
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| ● [https://www.ecfr.gov/current/title-23/chapter-I/subchapter-G/part-64523 CFR 645]&lt;br /&gt;
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| ● [https://www.sos.mo.gov/cmsimages/adrules/csr/current/7csr/7c10-3.pdf7 CSR 10-30]&lt;br /&gt;
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&#039;&#039;&#039;Utility Accommodation Policy:&#039;&#039;&#039; State DOTs are required to develop policies and procedures pertaining to the use, accommodation, and/or relocation of public and private utility facilities on highway rights-of way using Federal-aid highway funds. State DOTs are required to develop, maintain, and obtain FHWA approval of their Utility Accommodation Policy (UAP) (23 CFR section 645.215). This EPG article 643 and subarticles 643.1 through 643.3 are Missouri Department of Transportation (MoDOT)’s Utility Accommodation Policy. Text in EPG 643 consolidates various federal and state statutes and rules into a single, cohesive, workable policy to outline processes for MoDOT staff and utility owners.&lt;br /&gt;
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&#039;&#039;&#039;Delegation of Work:&#039;&#039;&#039; Each MoDOT district is responsible for ensuring implementation of the UAP outlined in the subsequent EPG articles. Each district can create its own organization for whom is responsible for the work including between divisions and job titles. Work responsibilities within this article and subarticles are generic where possible. If a specific title is included, that title has sole responsibility for that item of work.&lt;br /&gt;
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&#039;&#039;&#039;643 documents not being used&#039;&#039;&#039;&lt;br /&gt;
[[media:144 Major Highway System 2022.pdf|major routes]]&lt;br /&gt;
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&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643.1 Utility Location  &#039;&#039;PAGE TITLE&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt; &lt;br /&gt;
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The information in this article provides a uniform system for regulating the location, construction, maintenance, removal, and relocation of utility facilities on the right of way of roadways located on the state highway system. It also provides for the facilitation of construction and maintenance of these roadways. Any location or relocation of utility facilities contrary to this information is an interference with the construction, maintenance, or operation of a state highway and its right of way and is prohibited.&lt;br /&gt;
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==643.1.1 Permits==&lt;br /&gt;
All utility owners are required to obtain a permit to work on Missouri Highway and Transportation Commission (Commission) right of way. A permit is required for original installation of the utility facility, on-going maintenance of the utility facility, or adjustments to a utility facility necessary to allow highway construction. Per [[127.29_Stormwater#127.29.4.3_MCM_3:_Illicit_Discharge_Detection_and_Elimination_(IDDE)_Program|EPG 127.29.4.3]], discharges of anything other than stormwater are not permitted. A deposit or bond is required to ensure completion of the work in accordance with the permit issued. An [https://www.modot.org/permits application for a permit] may be made on established forms specifically stating the nature of the work to be performed. Applications for permits may be obtained at any of the [https://www.modot.mo.gov/ seven (7) district highway offices] of the Commission, [https://www.modot.mo.gov/ MoDOT&#039;s website], or by requesting it from the office of the Missouri Highways and Transportation Commission in Jefferson City, Missouri. The application for a permit will specifically state the nature of the work to be performed, what specific type of utility facility is to be installed, and, if necessary, the timeframe of any temporary use. Piping of any type of sewage or waste will only be allowed providing any permitting by a regulatory agency, such as Missouri Department of Natural Resources, can be provided. Prior to obtaining a permit through MoDOT’s permit system, a utility owner will be required to provide a bond to ensure satisfactory work and complete a TR50 Electronic Signature Agreement with the Commission. The name of the utility owner must match on the bond, TR50, and in the permit system. More information on permitting can be found in [[:Category:941_Permits_and_Access_Requests|EPG 941]].&lt;br /&gt;
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===643.1.1.1 Emergency Work===&lt;br /&gt;
When emergency operations work is necessary, the damaged utility facility may be accessed immediately and without a permit by leaving the pavement at such points as may be necessary to effect emergency repairs, provided immediate notice is given to the Missouri State Highway Patrol and the district utilities staff for the district wherein the work will be performed, and a permit for emergency operations is requested immediately upon discovery of the need for emergency operations. A permit for emergency operations work is to be obtained as soon as practical, but in no event later than two (2) working days after the emergency operations work has commenced. Emergency operations include, but are not limited to, unplanned work in response to utility facilities being so damaged as to constitute an emergency situation directly affecting or endangering traffic on the highway or public health or safety.&lt;br /&gt;
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===643.1.1.2 Third-Party Inspection===&lt;br /&gt;
When a utility owner has a large number of projects in a given area or projects involving great complexity, MoDOT reserves the right to limit the number of permits open at any given time. With approval of the district utilities staff, a utility owner may hire a third-party inspector, at their cost. The third-party inspector will allow the utility owner to increase the number of permits open at any given time. The responsibility of the third-party inspector will be to ensure the installation of the utility facility proceeds in a manner consistent with the plans approved in the permit, including all work zone requirements and conformity with MoDOT’s Standards and Specifications. The MoDOT approved third-party inspector will be listed in the permit. MoDOT may audit third-party inspections and revoke the right to use third-party inspections should the inspectors fail to perform their duties.&lt;br /&gt;
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===643.1.1.3 Abandoned Utility Facilities===&lt;br /&gt;
All utility facilities installed in Commission right of way are the property of the utility owner whether the utility facility is active or inactive. MoDOT may allow a utility facility to remain on Commission right of way whether the utility facility was abandoned for a MoDOT project or at the utility owner’s discretion. MoDOT may place requirements (such as removing inactive fiber optic cables, grouting pipes, removing valves) on the utility owner as part of the process of abandoning a utility facility. Liability for damage to Commission right of way due to an abandoned facility remains the responsibility of the utility owner. In the event MoDOT requires the removal of the abandoned utility facility, responsibility for the cost of the removal will be determined per [[643.2_Local_Utility_Adjustments_-_Public_and_Private#643.2.8_Preliminary_Engineering_(PE)_Requirements|EPG 643.2.8]].&lt;br /&gt;
&lt;br /&gt;
==643.1.2 Definitions==&lt;br /&gt;
&#039;&#039;&#039;Bridge Attachment:&#039;&#039;&#039; A bridge attachment is any utility facility, including communication lines and electrical lines, or any other utility facility of a similar nature that is fastened to a bridge for the purpose of spanning an obstacle.&lt;br /&gt;
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&#039;&#039;&#039;Clear zone:&#039;&#039;&#039; The total roadside border area starting at the edge of the traveled way, available for safe use by errant vehicles. This area may consist of a shoulder, a recoverable slope, a non-recoverable slope, and/or the area at the toe of a non-recoverable slope available for safe use by an errant vehicle. Clear zone dimensions are provided in the current edition of American Association of State Highway Transportation Officials Roadside Design Guide.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Ditch Line:&#039;&#039;&#039; A line where the roadway ditch meets the back slope. It is located at the lowest point of a V-bottom ditch or furthest point from the roadway of a flat bottom ditch where the roadway slopes back to the existing ground line.&lt;br /&gt;
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&#039;&#039;&#039;Duct:&#039;&#039;&#039; An enclosed tubular casing, or raceway, for protecting wires, lines, or cables that is often flexible or semi-rigid (1-3% diametric deflection). The casing, or raceway, is separate from the cable or conductor that passes through it.&lt;br /&gt;
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&#039;&#039;&#039;Encasement:&#039;&#039;&#039; The term encasement means the placing of an installation around and outside of an underground facility consisting of a larger conduit that permits the removal and replacement of the facility. An alternate to the conduit type encasement is reinforced concrete poured around the utility facility. Utility owners are allowed to use any types of material as a carrier and encasement for its facilities as expressly provided for in the permit issued for the installation of the utility facility.&lt;br /&gt;
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&#039;&#039;&#039;Freeway:&#039;&#039;&#039; A divided arterial highway with full control of access.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Highway:&#039;&#039;&#039; Any public way for vehicular travel, including the entire area within the right of way and related facilities constructed or improved and maintained by the Missouri Highways and Transportation Commission (MHTC) acting through the Missouri Department of Transportation (MoDOT).&lt;br /&gt;
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&#039;&#039;&#039;Interchange Limits:&#039;&#039;&#039; For the uniform handling of utility installations only, the limits of an interchange are the outside ramp curve points. See [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_1_TypicalInterchangeLimits_AOD.pdf EPG Figure 643.1.1] for an example.&lt;br /&gt;
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&#039;&#039;&#039;Interstate System or Other Freeways/Expressways:&#039;&#039;&#039; Interstate highways and highways with fully controlled access.&lt;br /&gt;
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&#039;&#039;&#039;Major Routes (Interstates, Freeways/Expressways and Principal Arterials):&#039;&#039;&#039; The major highway system is all routes functionally classified as principal arterials. The principal arterial system provides for statewide or interstate movement of traffic. The major roads in Missouri total approximately 5,500 centerline miles.&lt;br /&gt;
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&#039;&#039;&#039;Minor Routes:&#039;&#039;&#039; The minor highway system is all routes functionally classified as minor arterials or collectors. These routes mainly serve local transportation needs. The minor roads in Missouri total approximately 28,400 centerline miles.&lt;br /&gt;
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&#039;&#039;&#039;Normal Right of Way Line:&#039;&#039;&#039; An imaginary line that connects sudden breaks in the major right of way points for roadways. Sight distance right of way points (triangles) at roadway intersections are not to be considered as sudden breaks for determining normal right of way.&lt;br /&gt;
[[File:fig_643.1.2-06_2026.jpg|none|700px|thumb|Figure 643.1.2 Normal Right of Way Line.]]&lt;br /&gt;
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&#039;&#039;&#039;Private Lines:&#039;&#039;&#039; Privately owned utility facilities which convey or transmit the commodities outlined in the definition of utility facility of this section but devoted exclusively to private use.&lt;br /&gt;
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&#039;&#039;&#039;Scenic Enhancement Areas:&#039;&#039;&#039; Scenic enhancement areas include areas acquired or so designated as scenic strips, overlooks, rest areas, recreation areas, and the right of way of adjacent roadways and the right of way of roadways that pass through public parks and historic sites as described under 23 USC 138.&lt;br /&gt;
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&#039;&#039;&#039;Utility Corridor:&#039;&#039;&#039; An area established for the placement of utility facilities parallel to the normal right of way line.&lt;br /&gt;
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&#039;&#039;&#039;Utility Facility:&#039;&#039;&#039; Privately, publicly, or cooperatively owned line, facility, or system for producing, transmitting, or distributing communications, cable television, power, electricity, light, heat, gas, oil, crude products, water, steam, waste, storm water not connected with highway drainage or any other similar commodity, including any fire or police signal system or street lighting system which directly or indirectly serves the public and does not include privately owned facilities devoted exclusively to private use. The term &amp;quot;utility facility&amp;quot; includes those facilities used solely by the utility owner that are a part of its operating plant.&lt;br /&gt;
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&#039;&#039;&#039;Utility Owner:&#039;&#039;&#039; The utility owner is the utility company, inclusive of any wholly owned or controlled subsidiary, or city or county which owns utility facilities. The term also includes those government agencies that lease a utility facility for its own use or otherwise dedicated solely to governmental use.&lt;br /&gt;
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&#039;&#039;&#039;Variance:&#039;&#039;&#039; A one- (1-) time deviation from the requirements for location or relocation of utility facilities on the right of way of highways in the state highway system as established in [https://www.sos.mo.gov/cmsimages/adrules/csr/current/7csr/7c10-3.pdf Title 7 Code of State Regulations 10-3], requested by the utility, and approved by a MoDOT District Design Engineer.&lt;br /&gt;
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==643.1.3 Location of Utility Facilities==&lt;br /&gt;
Utility facilities paralleling the roadway should be installed in the utility corridor except as outlined below. The utility corridor is the space for all utility owners generally within six feet (6’) of the normal right of way line. When considering if the current utility corridor is available to expand from six feet (6’) to as much as twelve feet (12’), MoDOT determines if the expansion is warranted. In making the determination, MoDOT will consider the existing utilization of the original six feet (6’) corridor. Poles must remain within two feet (2’) of the normal right of way line unless approved by a variance. The utility corridor will only be expanded beyond six feet (6’) if the original six feet (6’) corridor is fully utilized and additional space would be required to accommodate additional utility facilities. Acquisition of additional right of way to establish a twelve feet (12’) corridor is not required on highway construction projects. For depths for underground utility facilities, see [[#643.1.4.1_Minimum_Cover_for_Underground_Facilities|EPG 643.1.4.1]].&lt;br /&gt;
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Utility facilities crossing the roadway should be installed as close to ninety degrees (90°) to the centerline of the roadway as possible and based on the guidelines below depending on the type of roadway. See [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_3_TypicalUtilityCorridor-InterchangeatMajorRoute_AOD.pdf EPG Figure 643.1.3] and [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_4_TypicalUtilityCorridor-InterchangeatMinorRoute_AOD.pdf EPG Figure 643.1.4] for typical utility corridors around interchanges.&lt;br /&gt;
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===643.1.3.1 Interstate System or Other Major Freeways/Expressways===&lt;br /&gt;
The installation of all utility facilities on highways of the Interstate System or other major freeways/expressways with fully controlled access are to be installed, serviced, and maintained without entering or leaving the roadway and ramps except at points approved by MoDOT for that purpose and without parking any equipment or storing materials upon the medians, roadway and ramps, or shoulders of the roadways. Cutting or damaging the pavement or paved shoulders is not permitted. New service connections to existing parallel utility facilities are to be permitted only where an outer roadway exists and then only where access is permitted by the Commission. Careful consideration will be given to the location of guys, anchors, braces, and other supports. Generally, good design practice will provide that appurtenances be located at right of way jogs, along intersecting road right of way, or at other similar acceptable locations, so that encroachment is held to an absolute minimum.&lt;br /&gt;
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No utility facilities will be permitted within the interchange limits of an interchange between fully limited access highways where planned or existing. Utility facilities within the interchange limits of an interchange with a non-access controlled highway will be permitted only along the minor road, provided that all construction, service, and maintenance can be performed from the minor road. Manholes and poles must be located beyond the ramp termini.&lt;br /&gt;
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For structures carrying or over interstates or other major freeways/expressways, see [[#643.1.5_Bridge_Attachment_Policy|EPG 643.1.5]].&lt;br /&gt;
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====643.1.3.1.1 Utility Facilities Crossing the Interstate or Other Major Freeways/Expressways====&lt;br /&gt;
=====643.1.3.1.1.1 Overhead Crossings of the Interstate or Other Major Freeways/Expressways=====&lt;br /&gt;
Overhead crossings of utility facilities are permitted only for power transmission and distribution lines and for multiple circuit communication lines where an underground installation is not economically feasible. Supports for existing utility facilities crossing overhead may remain on the right of way provided they are near the right of way line regardless of the presence of an outer road. Supports for new overhead utility facilities crossing overhead may be located on the right of way near the right of way line where an outer roadway exists and are to be located off the right of way where no outer roadway exists. Overhead service crossings are only permitted in isolated cases for residential or commercial establishments when the denial of the crossing would require construction of more than 1,200 feet (1,200’) of utility line to provide the service. Main or distribution line crossings are required to serve a general area other than isolated cases.&lt;br /&gt;
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=====643.1.3.1.1.2 Underground Crossings of the Interstate or Other Major Freeways/Expressways=====&lt;br /&gt;
Underground crossings of utility facilities are to be continuously encased under the pavement, medians, ramps, and shoulders with the casing extending to the toe of the fill slopes or to the ditch line. In curbed sections, encasement should extend outside the outer curb of the roadways a distance equal to the depth of the encasement at the curb line. Where installed by open trench through unpaved areas, detector tape should be placed approximately one foot (1&#039;) above the encasement. Where an interstate or other major freeway has a parallel outer roadway, encasement should be continuous under all roadways within the right of way.&lt;br /&gt;
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Manholes or vent pipes are to be located at the right of way line or adjacent to the outer roadway.&lt;br /&gt;
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For fiber optic cable, encasement should extend from within six feet (6&#039;) of one right of way line to within six feet (6&#039;) of the other right of way line.&lt;br /&gt;
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Exceptions may be made for encasement as listed in [[#643.1.4.2_Exceptions_to_Encasement|EPG 643.1.4.2]].&lt;br /&gt;
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=====643.1.3.1.1.3 Parallel Installations along the Interstate or Other Major Freeways/Expressways=====&lt;br /&gt;
New parallel installations on the right of way may be permitted only where an outer roadway exists, provided that poles are within two feet (2&#039;) of the normal right of way line and underground utility facilities are within the utility corridor, and provided that the utility facility can be installed and maintained between the outer roadway and the right of way line. Existing overhead or underground utility facilities that parallel an existing roadway which will be incorporated into a completed highway as an outer roadway may remain in place if all maintenance and service can be performed from an outer roadway and the existing location does not interfere with construction, maintenance, or operation of the completed highway. If an existing parallel utility facility needs to be relocated so as to not interfere with the construction, maintenance, or operation of the completed interstate or other major freeway, poles may be located withing five feet (5’) of the right of way line.&lt;br /&gt;
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Underground utility facilities are expected to be buried within the utility corridor of sight distance triangles (SDTs) at roadway intersections unless granted a variance. Overhead utility facilities may be allowed to span intersecting roadways with SDTs provided the poles, or supports, are located outside the SDT.&lt;br /&gt;
&lt;br /&gt;
=====643.1.3.1.1.4 Sanitary Sewers within the Right of Way of Interstates or Other Major Freeways/Expressways=====&lt;br /&gt;
New installations of sanitary sewers should follow the applicable guidelines for either underground crossings or parallel installations as appropriate. Existing gravity trunk sanitary sewers should be considered individually and removed or left in place contingent upon its age, condition, feasibility of moving, and maintenance access. Encasement of existing trunk sewers left in place may be required for questionable condition, protection during construction, or heavy fills.&lt;br /&gt;
&lt;br /&gt;
Manholes should be relocated to the right of way lines or adjacent to an outer roadway.&lt;br /&gt;
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===643.1.3.2 Major Routes===&lt;br /&gt;
For structures carrying or over major routes, see [[#643.1.5_Bridge_Attachment_Policy|EPG 643.1.5]].&lt;br /&gt;
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====643.1.3.2.1 Major Routes with Partially Controlled Access Right of Way====&lt;br /&gt;
The installation of all utility facilities on highways with partially controlled access right of way are to be installed, serviced, and maintained without entering or leaving the roadway and ramps except at points approved by MoDOT for that purpose and without parking any equipment or storing materials upon the medians, roadway and ramps, or shoulders of the roadways. Cutting or damaging the pavement or paved shoulders is not permitted. Equipment or materials stored within the right of way must be protected by longitudinal barrier or be located outside the clear zone. New service connections to existing parallel utility facilities are to be permitted only where granted by the Commission.&lt;br /&gt;
&lt;br /&gt;
No utility facilities will be permitted within the interchange limits of an interchange between fully limited access highways where planned or existing. Utility facilities within the interchange limits of an interchange with a non-access controlled highway will be permitted only along the minor road, provided that all construction, service, and maintenance can be performed from the minor road. Manholes and poles must be located beyond the ramp termini.&lt;br /&gt;
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====643.1.3.2.2 Major Routes with Normal Access Right of Way====&lt;br /&gt;
All new utility facilities will be installed and maintained without cutting or damaging the pavement or paved shoulders except in the event underlying rock formations or other obstructions are encountered that prevent boring or pushing operations. A variance may be granted for pavement cuts when the need is established. Pavement cuts may only be made by permits issued when it is impractical to otherwise service and maintain the facility. The installation of all utility facilities is to be installed without parking any equipment or storing materials upon the medians, roadway and ramps, or shoulders of the roadways. Equipment or materials stored within the right of way must be protected by longitudinal barrier or be located outside the clear zone.&lt;br /&gt;
&lt;br /&gt;
====643.1.3.2.3 Utility Facilities Crossing Major Routes====&lt;br /&gt;
=====643.1.3.2.3.1 Overhead Crossings of Major Routes=====&lt;br /&gt;
Supports for utility facilities crossing overhead should be located as near the right of way line as possible. For major routes with controlled access right of way, new overhead service crossings may be permitted in isolated cases for residential or commercial establishments where the denial of such crossings would require the construction of more than 1,200 feet (1,200’) of utility line to provide the same service. For major routes with normal access right of way, there is no restriction on the placement of service crossings.&lt;br /&gt;
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=====643.1.3.2.3.2 Underground Crossings of Major Routes=====&lt;br /&gt;
Underground crossings of utility facilities are to be continuously encased under the pavement, medians, ramps, and shoulders with the casing extending to the toe of the fill slopes or to the ditch line. In curbed sections, encasement should extend outside the outer curb of the roadways a distance equal to the depth of the encasement at the curb line. Where installed by open trench through unpaved areas, detector tape should be placed approximately one foot (1&#039;) above the encasement. Where a major route has a parallel outer roadway, encasement should be continuous under all roadways within the right of way.&lt;br /&gt;
&lt;br /&gt;
Manholes or vent pipes are to be located at the right of way line or adjacent to the outer roadway.&lt;br /&gt;
&lt;br /&gt;
For fiber optic cable, encasement should extend from within six feet (6&#039;) of one right of way line to within six feet (6&#039;) of the other right of way line.&lt;br /&gt;
&lt;br /&gt;
Exceptions may be made for encasement as listed in [[#643.1.4.2_Exceptions_to_Encasement|EPG 643.1.4.2]].&lt;br /&gt;
&lt;br /&gt;
====643.1.3.2.4 Parallel Installations along Major Routes====&lt;br /&gt;
New parallel installations on the right of way may be permitted provided that poles are within two feet (2&#039;) of the normal right of way line and underground utility facilities are within the utility corridor. Existing overhead or underground utility facilities that parallel an existing roadway which will be incorporated into a completed highway may remain in place if all maintenance and service can be performed without entering or leaving the roadway except at approved access points; without parking equipment or storing materials on the median, pavement, ramps, or shoulders; and the existing location does not interfere with construction, maintenance, or operation of the completed highway. If an existing parallel utility facility needs to be relocated so as to not interfere with the construction, maintenance, or operation of the completed highway, poles may be located withing five feet (5’) of the right of way line.&lt;br /&gt;
&lt;br /&gt;
Existing steel pipe transmission and distribution facilities for gaseous petroleum products that parallel an existing roadway that will be incorporated into the completed roadway may be left in place subject to an agreement by the utility owner that maintenance or service and facility expansion will be performed without cutting or damaging the pavement or interfering with the construction, maintenance, and operation of the highway and provided that the facility is cathodically protected against corrosion and meets the applicable material requirements.&lt;br /&gt;
&lt;br /&gt;
Underground utility facilities are expected to be buried within the utility corridor of sight distance triangles (SDTs) at roadway intersections unless granted a variance. Overhead utility facilities may be allowed to span intersecting roadways with SDTs provided the poles, or supports, are located outside the SDT.&lt;br /&gt;
&lt;br /&gt;
====643.1.3.2.5 Sanitary Sewers within the Right of Way of Major Routes====&lt;br /&gt;
New installations of sanitary sewers should follow the applicable guidelines for either underground crossings or parallel installations as appropriate. An existing gravity trunk sanitary sewer should be considered individually and removed or left in place contingent upon its age, condition, feasibility of moving, and maintenance access. If an existing parallel gravity main is left in place within the limits of the paved surface, paved shoulder lines, or curb lines, stub mains as required will be laid between the sewer main and curb or shoulder lines for future service connections in each block. Manholes should be relocated outside the traveled roadway as near the right of way line as practical.&lt;br /&gt;
&lt;br /&gt;
===643.1.3.3 Minor Routes===&lt;br /&gt;
For structures carrying or over minor routes, see [[#643.1.5_Bridge_Attachment_Policy|EPG 643.1.5]].&lt;br /&gt;
&lt;br /&gt;
====643.1.3.3.1 Utility Facilities Crossing Minor Routes====&lt;br /&gt;
=====643.1.3.3.1.1 Overhead Crossings of Minor Routes=====&lt;br /&gt;
Existing overhead crossings that interfere with construction, maintenance, or operation should be relocated with their supports as near the right of way line as is practical. New overhead crossing installations should be located with their supports as near the right of way line as is practical.&lt;br /&gt;
&lt;br /&gt;
=====643.1.3.3.1.2 Underground Crossings of Minor Routes=====&lt;br /&gt;
All new utility facilities should be installed and maintained without cutting or damaging the pavement or paved shoulders. A variance may be granted for pavement cuts when servicing and maintaining the facility by any other methods is impractical. Pavement cuts may only be made by permits issued. Underground crossings of utility facilities are to be continuously encased under the pavement, medians, ramps, and shoulders with the casing extending to the toe of the fill slopes or to the ditch line. In curbed sections, encasement should extend outside the outer curb of the roadways a distance equal to the depth of the encasement at the curb line. Where installed by open trench through unpaved areas, detector tape should be placed approximately one foot (1&#039;) above the encasement.&lt;br /&gt;
&lt;br /&gt;
Manholes or vent pipes are to be located at the right of way line or adjacent to the outer roadway.&lt;br /&gt;
&lt;br /&gt;
For fiber optic cable, encasement should extend from within six feet (6&#039;) of one right of way line to within six feet (6&#039;) of the other right of way line.&lt;br /&gt;
&lt;br /&gt;
Exceptions may be made for encasement as listed in [[#643.1.4.2_Exceptions_to_Encasement|EPG 643.1.4.2]].&lt;br /&gt;
&lt;br /&gt;
====643.1.3.3.2 Parallel Installations along Minor Routes====&lt;br /&gt;
New parallel installations on the right of way may be permitted provided that poles are within two feet (2&#039;) of the normal right of way line and underground utility facilities are within the utility corridor. Existing overhead or underground utility facilities that parallel an existing roadway which will be incorporated into a completed highway may remain in place if all maintenance and service can be performed without entering or leaving the roadway except at approved access points; without parking equipment or storing materials on the median, pavement, ramps, or shoulders; and the existing location does not interfere with construction, maintenance, or operation of the completed highway. If an existing parallel utility facility needs to be relocated so as to not interfere with the construction, maintenance, or operation of the completed highway, poles may be located within five feet (5’) of the right of way line.&lt;br /&gt;
&lt;br /&gt;
Underground utility facilities are expected to be buried within the utility corridor of sight distance triangles (SDTs) at roadway intersections unless granted a variance. Overhead utility facilities may be allowed to span intersecting roadways with SDTs provided the poles, or supports, are located outside the SDT.&lt;br /&gt;
&lt;br /&gt;
====643.1.3.3.3 Sanitary Sewers within the Right of Way of Minor Routes====&lt;br /&gt;
New installations of sanitary sewers should follow the applicable guidelines for either underground crossings or parallel installations as appropriate. An existing gravity trunk sanitary sewer should be considered individually and removed or left in place contingent upon its age, condition, feasibility of moving, and maintenance access. If an existing parallel gravity main is left in place within the limits of the paved surface, paved shoulder lines, or curb lines, stub mains as required will be laid between the sewer main and curb or shoulder lines for future service connections in each block. Manholes should be relocated outside the traveled roadway.&lt;br /&gt;
&lt;br /&gt;
===643.1.3.4 Roundabouts===&lt;br /&gt;
Regardless of roadway type, it is desirable to avoid locating utility facilities and their access points within the circulatory roadway. If possible, utility facilities are located in the legs of the roundabout to allow for future maintenance and access at an isolated leg versus affecting the entire roundabout. See [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_5_TypicalLocationofUtilityFacilitiesnearRoundabouts_AOD.pdf EPG Figure 643.1.5] for an example.&lt;br /&gt;
&lt;br /&gt;
===643.1.3.5 Utility Facilities in Scenic Enhancement Areas===&lt;br /&gt;
All existing utility facilities within the limits of a scenic enhancement area requiring adjustment because of construction or reconstruction will be placed underground or relocated beyond the limits of the scenic enhancement area. No new above ground facilities will be permitted. New underground facilities will be permitted provided they do not extensively alter or impair the appearance of the area.&lt;br /&gt;
&lt;br /&gt;
==643.1.4 Installation of Utility Facilities==&lt;br /&gt;
The following sections provide information on the physical installation of utility facilities within highway right of way.&lt;br /&gt;
&lt;br /&gt;
===643.1.4.1 Minimum Cover for Underground Facilities===&lt;br /&gt;
The minimum cover for new underground utilities is:&lt;br /&gt;
* Forty-two inches (42”) for all water lines (parallel and crossings).&lt;br /&gt;
* Forty-two inches (42”) for fiber optic cable (crossings encased in rigid conduit).&lt;br /&gt;
* Seventy-two inches (72”) for fiber optic cable (crossings encased in polyethylene (PE) pipe).&lt;br /&gt;
* Thirty inches (30”) for direct burial and in trench fiber optic cable (parallel).&lt;br /&gt;
* Twenty-four inches (24”) for all other direct burial copper or coaxial cable, (parallel).&lt;br /&gt;
* Seventy-two inches (72”) for uncased polyethylene (PE) gas pipe crossings under ditches and roadways but thirty inches (30”) elsewhere.&lt;br /&gt;
* Thirty inches (30”) for all other (such as, but not limited to, gravity sewers, forced sewers, and electric) underground utilities (both parallel and crossing).&lt;br /&gt;
&lt;br /&gt;
===643.1.4.2 Exceptions to Encasement===&lt;br /&gt;
Exceptions may be made for encasement as follows:&lt;br /&gt;
* Non-fiber communication or electric cables installed in ducts.&lt;br /&gt;
* Welded steel pipelines carrying gaseous or liquid petroleum products - provided they are cathodically protected against corrosion, triple-coated in accordance with accepted pipeline construction standards, and meet applicable material requirements.&lt;br /&gt;
* Natural gas distribution pipe (nominal six-inch (6”) diameter maximum) of polyethylene (PE) plastic, traceable, installed by a horizontal bore method at a minimum depth of seventy-two inches (72”) under ditches and roadways, constructed in accordance with and meeting applicable material requirements.&lt;br /&gt;
* Gas service connections protected and constructed in accordance with and meeting applicable material requirements.&lt;br /&gt;
* Encasement is not required for new trunk sanitary sewer crossings of vitrified clay, reinforced concrete or cast iron except when installation procedures would produce voids in the roadbed, heavy fills, or installations under pressure.&lt;br /&gt;
&lt;br /&gt;
===643.1.4.3 Above Ground or Ground Level Appurtenances===&lt;br /&gt;
Appurtenances protruding more than four inches (4”) above the ground line should be located outside the clear zone. If no feasible alternative exists and if permitted by a variance, appurtenances may be allowed within the clear zone if they meet breakaway criteria or will be shielded by a traffic barrier. Good design practice will provide that appurtenances be located at right of way jogs, along intersecting road right of way, or at other similar acceptable locations, so that encroachment is held to an absolute minimum. Cables, wires, small diameter pipes, and other such utility appurtenances extending from the surface of the ground should be equipped with covers or guards to improve their visibility. Appurtenances within sidewalks or street level pedestrian access routes are to be in conformance with the Americans with Disabilities Act requirements.&lt;br /&gt;
&lt;br /&gt;
The maximum pull box width perpendicular to the right of way line within the utility corridor is thirty inches (30”).&lt;br /&gt;
&lt;br /&gt;
===643.1.4.4 Overhead Utility Facilities===&lt;br /&gt;
The vertical clearance of new or existing overhead installations will not be less than the current minimum requirements of the National Electric Safety Code, but in no case less than eighteen feet (18’) inclusive of sag above the groundline for electrical facilities. Clearance may be reduced for overhead installations of cable, telephone, or fiber optic facilities.&lt;br /&gt;
A minimum radial clearance of twenty-five feet (25’) is provided from any utility facility to the nearest part of any bridge structure. A minimum radial clearance of ten feet (10’) is provided from the nearest charged electrical line to a MoDOT signal, lighting, ITS, or overhead sign structure.&lt;br /&gt;
&lt;br /&gt;
===643.1.4.5 Approved Materials===&lt;br /&gt;
Utility owners are allowed to use any material for underground utility facilities including carrier and encasement provided they accept responsibility for any future repairs and/or replacement of damaged MoDOT facilities should a failure occur. This will allow the use of current technology and procedures to provide the best value to its subscribers and the taxpayers of Missouri. For materials that MoDOT also uses in its highway system, utility owners must provide materials that meet the current [https://www.modot.org/missouri-standard-specifications-highway-construction Missouri Standard Specifications for Highway Construction]. For materials not listed in the Missouri Standard Specifications for Highway Construction, the utility owner should provide documentation of the standards used to determine suitability of the material.&lt;br /&gt;
&lt;br /&gt;
===643.1.4.6 Cutting===&lt;br /&gt;
In the event permission is granted to cut an existing concrete or asphalt pavement or sidewalk, the appropriate provisions below should be followed.&lt;br /&gt;
&lt;br /&gt;
====643.1.4.6.1 Pavement====&lt;br /&gt;
All pavement cuts should be made with a saw to the full depth of the pavement. The width of the cut is typically determined by the width of the trench plus a minimum one foot (1’) on each side of the trench. In the event the distance to any adjacent longitudinal or transverse joint or crack is less than four feet (4’), the pavement must be removed to the joint or crack. Cuts for perpendicular service tie-ins should be a minimum of three feet (3’) wide. Longitudinal main installations are typically cut at a minimum of half the lane width, but in no instance should the cut be along the wheel path of the lane.&lt;br /&gt;
[[File:fig_643.1.6-06_2026.jpg|800px|none|thumb|Figure 643.1.6 Pavement Repair Dimension Requirements.]]&lt;br /&gt;
&lt;br /&gt;
The utility facilities should be placed in a location with the least impact to the roadway. Typically, this leads to placement in the shoulder when available followed by the two-way left turn lane (TWLTL), and then outside lanes before allowing placement in interior through lanes. Lane switching should be kept to a minimum and should not be used to minimize repair sizes. Cuts for mains or service leads that may not be perpendicular to the roadway should be squared-off.&lt;br /&gt;
&lt;br /&gt;
Replacement of cut pavement should be full depth concrete in accordance with the current version at the time of installation of Section 613.10 Full Depth Pavement Repairs of the Missouri Standard Specifications for Highway Construction and the Missouri Standard Plans for Highway Construction. If the area of the pavement repair is not to be fully resurfaced all joints including the overcut from the sawing operation should be filled with an expansive mortar, epoxy, polyester, or joint material as approved by the Engineer in accordance with Section 1057 of the Missouri Standard Specifications for Highway Construction.&lt;br /&gt;
&lt;br /&gt;
====643.1.4.6.2 Pedestrian Access Routes====&lt;br /&gt;
All cuts in the pedestrian access routes whether asphalt or concrete should be made by saw and be the full depth of the material. Entire slabs of concrete sidewalk should be removed. Repair of the pedestrian access route must meet Americans with Disability Act requirements, see [[:Category:642_Pedestrian_Facilities|EPG 642]]. Cuts through curb ramps or detectable warning areas are not permitted. Rather the entire curb ramp or detectable warning area must be removed and replaced. MoDOT district ADA contacts can help ensure ADA compliance of impacted pedestrian access routes.&lt;br /&gt;
&lt;br /&gt;
===643.1.4.7 Non-disturbance Areas===&lt;br /&gt;
MoDOT has certain areas of right of way where mowing, spraying, digging, or other vegetation disturbance activities are restricted. These areas have been established to mitigate the environmental impacts of a previous project and should be avoided. If the areas cannot be avoided, contact MoDOT’s Environmental Section.&lt;br /&gt;
&lt;br /&gt;
==643.1.5 Bridge Attachment Policy==&lt;br /&gt;
No utility facility will be permitted in or on a structure carrying an interstate or other freeway unless it is part of a federal requirement or for MoDOT’s use. When the structure carries any other road type and no other practical means exists for the crossing, wires (communication, electrical, fiber, or metal) will be permitted. Electrical lines must be located to cause minimum exposure to MoDOT maintenance personnel and the public. Pressurized pipelines for gas or other petroleum products and water and all sewer lines are prohibited on all structures due to the risks associated with their failure.&lt;br /&gt;
&lt;br /&gt;
===643.1.5.1 Agreement===&lt;br /&gt;
An agreement is required for all utility facilities attached to any structure. A charge will be made for the increased maintenance costs involved. This fee is set by the Bridge Division. When permitted, a 50-year occupational agreement is executed with the utility owner. Agreement BR04 Utility Attachment Agreement is used when an attachment is added to a bridge during its construction. Agreement BR09 Bridge Attachment Agreement is used when an attachment is added to an existing bridge.&lt;br /&gt;
&lt;br /&gt;
===643.1.5.2 Requests===&lt;br /&gt;
Requests to attach facilities to structures is a multi-step process. Bridge Division is responsible for approval of the bridge attachment. If at any point in the process, Bridge Division determines the attachment to be unacceptable, a reason is to be provided.&lt;br /&gt;
&lt;br /&gt;
To start, the utility owner submits a conceptual request to the district utilities staff. The conceptual request consists of an explanation of the proposal; a general location sketch (i.e., which side of the bridge); and details on the facility, length, and weight per foot when full. The district utilities staff should work with all relevant district personnel including the District Bridge Engineer in reviewing and recommending the attachment. The district utilities staff will submit the recommended details to the Bridge Division to determine the applicable costs including future maintenance costs and for attachments to new bridges, design and construction. Once the Bridge Division has determined the cost, the district utilities staff shares the cost with the utility owner for their concurrence with furthering the process. For new bridges, if the utility owner concurs with the costs, the district utility staff will prepare the BR04 Agreement for execution by the utility owner and the Commission. MoDOT will be responsible for the design and construction of attachments to new bridges. For existing bridges, the district utilities staff will forward the applicable as-built bridge plans to the utility owner for its use in designing the bridge attachment. The utility owner will provide detailed design drawings, signed and sealed by a professional engineer in the State of Missouri, to the district utilities staff for review. The district utilities staff should work with all relevant district personnel, including the District Bridge Engineer, in reviewing and recommending the details of the attachment to the Bridge Division. Once Bridge Division approves, the Bridge Division will prepare the BR09 Agreement for execution by the utility owner and the Commission. The utility owner is responsible for the construction of attachments to existing bridges. A flow chart, [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_7_BridgeAttachementProcess_AOD.pdf EPG Figure 643.1.7], of the process is available.&lt;br /&gt;
&lt;br /&gt;
Payment from the utility owner for the attachment will be sent to Financial Services by district utilities staff. For BR04 agreements, district utilities staff should discuss with Financial Services how to get the payment credited to the project constructing the attachment. For BR09 agreements, district utilities staff should copy Bridge Division on correspondence with Financial Serves. Checks should be made payable to Director of Revenue, Credit State Road Fund.&lt;br /&gt;
&lt;br /&gt;
For requests from government entities such as cities, counties, and other municipalities, the requested information should be submitted to Bridge Division as described above. However, the district utilities staff will take the lead in preparing the DE10 County Agreement or DE11 Municipal Agreement, as applicable, with input from Bridge Division and Bridge Maintenance. All fees are waived for government entities.&lt;br /&gt;
&lt;br /&gt;
===643.1.5.3 Considerations===&lt;br /&gt;
The following considerations are made in determining the acceptability of a bridge attachment. Unique situations will be discussed with the Bridge Division as required.&lt;br /&gt;
&lt;br /&gt;
====643.1.5.3.1 Bridge Asset Management Program====&lt;br /&gt;
Requests for bridge attachments should be reviewed for consistency with the district’s upcoming bridge asset management program needs. If a structure is due for rehabilitation or replacement in the near future, information should be provided to the utility owner indicating existing remaining life of the bridge. In some instances, it may be in MoDOT’s best interest to deny the request for attachment outright. In some instances, the utility owner may still choose to pursue the short-term attachment to the existing structure. In almost all cases, the utility owner is responsible for the cost of removing and/or relocating their utility facilities for a necessary repair, widening, improvement or reconstruction of the structure. Review existing agreements for cost responsibility for current attachments.&lt;br /&gt;
&lt;br /&gt;
====643.1.5.3.2 Aesthetics====&lt;br /&gt;
In reviewing a request for a bridge attachment, how the structure is viewed by the public will be considered. For example, is the structure over a scenic stream that is extensively used by canoeists, or does the structure span a road that may provide access to a park, campgrounds, or boat launching facilities? Is the structure a grade separation where the motoring public will see the attachment before they pass under it?&lt;br /&gt;
&lt;br /&gt;
====643.1.5.3.3 Method of Attachment====&lt;br /&gt;
In order to maintain structural integrity of any structures the following requirements will apply for attachments.&lt;br /&gt;
&lt;br /&gt;
=====643.1.5.3.3.1 Welding=====&lt;br /&gt;
Welding of hardware to structural steel members (i.e., flanges, webs, stiffeners, and diaphragms) whether in tension or compression is not permitted.&lt;br /&gt;
&lt;br /&gt;
=====643.1.5.3.3.2 Drilling=====&lt;br /&gt;
Drilling holes in any structural steel member is not permitted. Drilling holes for anchors into any prestressed concrete member is not permitted. Although permitted, drilling holes for anchors into the underside of bridge decks must be done with caution. It is recommended all anchors be installed to miss deck reinforcing steel. Generally, drilling into decks will not be allowed where sonotubes were used (voided slab bridges). The depth of the holes should be such that breaking out of the concrete on the top side of the deck does not occur.&lt;br /&gt;
&lt;br /&gt;
=====643.1.5.3.3.3 Corrosion=====&lt;br /&gt;
Attachment hardware will be new, properly coated to prevent corrosion or be of a non-corrosive material, and be designed to support the facility.&lt;br /&gt;
&lt;br /&gt;
====643.1.5.3.4 Location====&lt;br /&gt;
In general, attachments are made on the underneath side of the bridge deck. The condition of the bridge deck will dictate the location of the attachment supports. An exception may be attachments to trusses or other overhead structures.&lt;br /&gt;
&lt;br /&gt;
Attachments that may require manholes in bridge decks are not allowed.&lt;br /&gt;
&lt;br /&gt;
When attachments are required to structures over streams that may carry large drifts, they must be attached to the downstream side of the structure and above the lowest superstructure element. It is preferred to locate the attachment on the outside of the exterior girder. If aesthetics are a concern, a better appearance can be achieved by having the attachment made to the inside of the exterior girder and above the bottom of the lower flange to hide the conduit and the attaching hardware.&lt;br /&gt;
&lt;br /&gt;
Placement of utilities must not prevent the removal of old paint, the application of new paint on superstructure steel, or cause debris buildup, which could cause structural deterioration.&lt;br /&gt;
&lt;br /&gt;
====643.1.5.3.5 Construction and Maintenance====&lt;br /&gt;
If the attachment cannot be built while maintaining one (1) lane of traffic on the structure, it will not be allowed.&lt;br /&gt;
&lt;br /&gt;
Construction procedures that severely impact traffic may factor into the allowable location of the attachment on the structure.&lt;br /&gt;
&lt;br /&gt;
When scaffolding is to be attached or supported by bridge rails, bridge superstructure, or bridge substructure, the procedures for construction of the attachment must be reviewed.&lt;br /&gt;
&lt;br /&gt;
The utility owner or local entity will pay for, or be responsible for, the painting of the attachment, if necessary, when the bridge requires painting.&lt;br /&gt;
&lt;br /&gt;
==643.1.6 Private Lines==&lt;br /&gt;
Private lines are permitted to cross the right of way of a highway in the same manner as outlined for all utility facilities in above sections of this article. Parallel installations along the right of way of a highway are not permitted. Special conditions at a specific location that make adherence to this policy impractical will be submitted to the Chief Engineer for consideration of an acceptable alternative. In certain situations, it may be necessary to obtain approval from the Federal Highway Administration (FHWA) before approval to use the alternative can be given to the private utility owner.&lt;br /&gt;
&lt;br /&gt;
==643.1.7 Water and Sewer Separations==&lt;br /&gt;
The Missouri Department of Natural Resources (MoDNR) Safe Drinking Water Commission via 10 CSR 60-10 and Clean Water Commission via 10 CSR 20-8 govern the design of water and sewer lines in the vicinity of one another. Basic criteria are outlined below for information, and details are contained within the regulations. MoDOT is not responsible for providing or acquiring adequate right of way for utility owners to comply with MoDNR requirements.&lt;br /&gt;
&lt;br /&gt;
===643.1.7.1 Water and Sewer Separations===&lt;br /&gt;
====643.1.7.1.1 Horizontal====&lt;br /&gt;
Sanitary and storm sewers are to be laid at least ten feet (10’) horizontally measured from outside edge to outside edge from any existing or proposed water main. In cases where it is not practical to maintain ten feet (10’) of separation, installation of the water main closer to the sewer is acceptable where the water main is installed in a separate trench or on an undisturbed earth shelf located on one (1) side of the sewer at an elevation so the bottom of the water main is at least eighteen inches (18”) above the top of the sewer.&lt;br /&gt;
&lt;br /&gt;
===643.1.7.2 Crossings===&lt;br /&gt;
Water mains are to be laid to provide a minimum vertical distance of eighteen inches (18”) vertically measured outside edge to edge from sanitary or storm sewers. This is the case whether the water main is above or below the sewer. One (1) full length of water pipe must be located so both joints will be as far from the sanitary or storm sewer line as possible. Special structural support for the water main or sanitary or sewer main may be required.&lt;br /&gt;
&lt;br /&gt;
===643.1.7.3 Exception===&lt;br /&gt;
When it is impossible to obtain proper horizontal and vertical separation as stipulated, the sewer will be designed and constructed equal to water pipe and will be pressure-tested to assure it is watertight prior to backfilling.&lt;br /&gt;
&lt;br /&gt;
===643.1.7.4 Water Supply Interconnections===&lt;br /&gt;
No physical connection is permitted between a public or private potable water supply system and any sanitary or storm sewer or appurtenance that would permit the passage of any sewage or polluted water into the water supply. No water pipe is permitted to pass through or come in contact with any part of a sanitary sewer manhole.&lt;br /&gt;
&lt;br /&gt;
===643.1.7.5 Water Works Structures===&lt;br /&gt;
Sewers are not permitted to be installed within fifty feet (50’) in any direction from any existing or proposed public water supply well or other water supply sources or structures.&lt;br /&gt;
&lt;br /&gt;
==643.1.8 Variances==&lt;br /&gt;
Occasionally, it is impractical to locate a utility facility in accordance with requirements outlined in this article. MoDOT may consider a utility owner’s request for a variance from these requirements on a case-by-case basis. The utility owner should complete a [https://epg.modot.org/forms/general_files/DE/UtilityVarianceApprovalForm.docx Utility Variance Approval Form] to be submitted to MoDOT for consideration. Variances on the Interstate System require approval of the Federal Highway Administration (FHWA). A flow chart, [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_8_VarianceApprovalProcess.pdf EPG Figure 643.1.8], of the variance process is available.&lt;br /&gt;
&lt;br /&gt;
A variance will not be permitted just for the convenience of the utility owner. The utility owner requesting a variance must provide all necessary information to properly evaluate if a variance should be approved. For example, a utility owner requesting a variance because “the utility corridor is full” must explore all reasonable options. It is suggested that the requestor pothole the existing utility corridor to confirm the location of existing utility facilities and provide that data to support the need to locate outside of the utility corridor due to its congestion.&lt;br /&gt;
&lt;br /&gt;
===643.1.8.1 Variance Process===&lt;br /&gt;
Any utility owner of a public utility facility may apply for a variance. The process for requesting a variance is as follows:&lt;br /&gt;
&lt;br /&gt;
====643.1.8.1.1 Submittal Requirements====&lt;br /&gt;
Utility owners submit to the district utilities staff a written request for a variance using the [https://epg.modot.org/forms/general_files/DE/UtilityVarianceApprovalForm.docx Utility Variance Approval Form]. The utility owner must clearly show the provision(s) or guideline(s) for which the variance is being requested; the condition(s) which the utility owner believes warrant(s) the granting of a variance; a thorough explanation of the reason(s) for the requested variance, including sufficient and appropriate documentation of safety, aesthetic, or constructability constraints that would be adverse to the function, access, or maintenance of the utility facility and not in the best interest of the public.&lt;br /&gt;
&lt;br /&gt;
====643.1.8.1.2 MoDOT Consideration of Variance Request====&lt;br /&gt;
The utility owner bears full responsibility for demonstrating to MoDOT’s satisfaction that the variance is the most appropriate way to serve the public interest. MoDOT may present to the utility owner and the utility owner must consider reasonable alternatives to the variance requested by the utility owner. In determining whether to grant a variance, district utilities staff will consider all relevant factors including, but not limited to: the requested variance is reasonably necessary for the convenience, safety, health, and/or welfare of the public; there is an exceptional or undue burden or hardship on the specific applicant; a physical impracticability that would result from the applicant’s adherence to the normal location requirements; and the requested variance will not impair the safe construction, maintenance, operation, and safety of public travel on the highway. District utilities staff may consult with the Design Liaison Engineer in evaluating variances.&lt;br /&gt;
&lt;br /&gt;
====643.1.8.1.3 Approval of Variances====&lt;br /&gt;
Once district utilities staff have agreed to accept a variance proposed by the utility owner, the [https://epg.modot.org/forms/general_files/DE/UtilityVarianceApprovalForm.docx Utility Variance Approval Form] and all supporting documentation is sent to the District Design Engineer (DDE) for approval. If a variance is on interstate right of way, the DDE-signed Variance Request Form and all supporting documentation is forwarded to the Design Liaison Engineer who will forward to FHWA for their concurrence.&lt;br /&gt;
&lt;br /&gt;
====643.1.8.1.4 Variance Appeal Informal Hearing====&lt;br /&gt;
If denied a variance, the utility owner has thirty (30) calendar days to request an informal hearing for the purpose of appealing the denial. Requests must be made in writing to the State Design Engineer, Missouri Department of Transportation, P.O. Box 270, Jefferson City, MO 65102. If the utility owner requests an informal hearing, MoDOT’s authorized representative will advise the applicant of the time, date, and place of the hearing. The hearing is not a contested case under RSMo 536. The rules of evidence will not apply at the hearing, and MoDOT’s decision after the conduct of the hearing is not subject to further appeal.&lt;br /&gt;
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==643.1.9 Excess Right of Way==&lt;br /&gt;
Prior to conveyance of excess right of way, the status of utility facilities within said parcel must be addressed. See [[236.5_Property_Management#236.5.12_Excess_Land_Conveyances_&amp;amp;_Relinquishments_–_Regulated_Utilities|EPG 236.5.12]].&lt;br /&gt;
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==643.1.10 Broadband==&lt;br /&gt;
Broadband development in the state of Missouri is handled by the Department of Economic Development (DED). MoDOT shares its approved Statewide Transportation Improvement Program (STIP) project list with DED. All MoDOT policies related to placement of utility facilities within Commission right of way as outlined in this EPG article 643.1 are to be followed.&lt;br /&gt;
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&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643.2 Utilities in Program Delivery &#039;&#039;PAGE TITLE&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt; &lt;br /&gt;
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==643.2.1 Introduction==&lt;br /&gt;
Improvements to the highway system often require negotiation between the Commission and a city, a county, or a public or private utility owner. The Commission’s district utilities staff is responsible for coordination of highway improvement projects with the utility owner’s representative. The impact to a utility, the responsibility for the cost of adjustments necessary to allow highway construction, the plan of adjustment of the utility, the responsibility of performance of work on utility facilities, and the schedule of the utility adjustment are all items that vary depending on the project and should be investigated and negotiated to ensure highway improvement projects are delivered on-time and on-budget. These should comply with Commission policy. A flowchart [link here] outlining all the utility adjustment processes (reimbursable and non-reimbursable relocations, Master Reimbursable Utility Agreements and Project Specific Agreements, etc.) are available in the list of figures at the top of the page. These processes will not always be in combination, but each should be considered with each project.&lt;br /&gt;
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The district utilities staff, in conjunction with the Transportation Project Manager (TPM), is expected to invite and encourage participation of utility owner representatives in MoDOT project meetings as needed.&lt;br /&gt;
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When a project involves utility adjustments for which the Commission is responsible for costs, the TPM should program the costs of the utility adjustments as non-contractual construction costs in the STIP Information Management System (SIMS).&lt;br /&gt;
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==643.2.2 Annual Utility Meeting==&lt;br /&gt;
Each district should hold an annual meeting with utilities to discuss current STIP projects in the district. The annual meeting should be held during each year&#039;s STIP preparations, ideally between January and May. All utility owners that have utility facilities in the district should be invited. The intent is to provide the utility owners with an idea of upcoming projects to allow them the opportunity to plan and budget for potential adjustments of their utility facilities, identify both MoDOT and utility roadblocks, and develop action plans to complete utility adjustments better, faster, and cheaper.&lt;br /&gt;
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==643.2.3 Determination of Existing Utilities==&lt;br /&gt;
District utilities staff should determine the appropriate level of effort needed to accurately identify existing utilities within the footprint of a proposed highway construction project. Aboveground utilities are easily identifiable via field checks; however, determination of the precise location of underground utilities can be more challenging and time consuming. Therefore, the district utilities staff should balance the risk of conflict with the highway construction project against the level of effort needed to determine the location.&lt;br /&gt;
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The level of effort on mapping utilities is dependent on the scope of the project and the potential for utilities having an impact on the construction of the project. The project schedule should include the time to complete this task accurately. The time and effort necessary for having accurate locates requires close interaction with the utility locators. Early contact with utility owner representatives may be necessary to accurately locate underground utility facilities.&lt;br /&gt;
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Various methods of determining existing underground utilities result in different levels of quality. ASCE Standard 38 Standard Guidance for Investigating and Documenting Existing Utilities classifies four levels of quality:&lt;br /&gt;
:1. Quality Level D: QL-D is the most basic level of information for utility locations. It comes solely from existing utility records or verbal recollections, both typically unreliable sources. It may provide an overall &amp;quot;feel&amp;quot; for the congestion of utilities but is often highly limited in terms of comprehensiveness and accuracy. QL-D is useful primarily for project planning and route selection activities.&amp;lt;br&amp;gt;&lt;br /&gt;
: Missouri 811 or “private-locate” markings are to be considered to be QL-D.&lt;br /&gt;
:2. Quality Level C: QL-C is probably the most used level of information. It involves surveying visible utility facilities (e.g., manholes, valve boxes, etc.) and correlating this information with existing utility records (QL-D information). When using this information, it is not unusual to find that many underground utilities have been either omitted or erroneously plotted. Therefore, its usefulness is primarily on rural projects where utilities are not prevalent or are not too expensive to repair or relocate.&lt;br /&gt;
:3. Quality Level B: QL-B involves the application of appropriate surface geophysical methods to determine the existence and horizontal position of virtually all utilities within the project limits. This activity is called &amp;quot;designating&amp;quot;. The information obtained in this manner is surveyed to project control. It addresses problems caused by inaccurate utility records, abandoned or unrecorded utility facilities, and lost references. The proper selection and application of surface geophysical techniques for achieving QL-B data is critical. Information provided by QL-B can enable the accomplishment of preliminary engineering goals. Decisions regarding location of storm drainage systems, footers, foundations, and other design features can be made to avoid conflicts with existing utilities. Slight adjustments in design can produce substantial cost savings by eliminating utility relocations.&lt;br /&gt;
:4. Quality Level A: QL-A, also known as &amp;quot;locating or potholing&amp;quot;, is the highest level of accuracy presently available and involves the full use of the subsurface utility engineering services. It provides information for the precise plan and profile mapping of underground utilities through the nondestructive exposure of underground utilities, and provides the type, size, condition, material, and other characteristics of underground features.&lt;br /&gt;
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For projects with scopes that have potential for utility conflicts, the minimum level of effort required is SUE Quality Level D. Locations of existing utilities are determined by requesting locates through Missouri 811, also known as the “One-Call” process. Missouri 811 locating requests should be carefully considered for the scope of work of the project. When necessary, the location of existing utilities should be established by a field survey of locate markings and features and shown on the roadway plans. Higher level SUE Quality Levels can be used on any project. Adjustment cost savings, whether to the MoDOT or to the utility owner, are beneficial to the taxpayer. Good SUE projects are typically urban in nature, or in congested areas, where the project footprint is to be minimized, or anytime accurate vertical and horizontal location of the utility facility might allow a design to avoid the utility facility thus preventing the need for the adjustment. The SUE process combines civil engineering, surveying, and geophysics. It utilizes several technologies, including vacuum excavation and surface geophysics.&lt;br /&gt;
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When proposed excavation or installation of subsurface features (drainage, equipment bases, etc.) falls within three feet (3’) of a marked Missouri 811 line, soft digging (hand digging, potholing, vacuum methods, pressurized air/water jetting, pneumatic hand tools, etc.) is required to more exactly locate the utility facility both horizontally and vertically. Utility facilities present within the right of way by permit, should be investigated by the utility owner. Utility facilities that would be reimbursable or partially reimbursable as defined in EP 643.2.8 will be investigated by MoDOT.&lt;br /&gt;
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==643.2.4 Conflict Determination==&lt;br /&gt;
Determination of whether a conflict exists between an existing utility facility and a proposed highway improvement project should occur at the earliest possible stage of project development. A conflict may be the result of the physical interaction between the roadway infrastructure and utility facility, a reduction in cover or increase in fill over underground utilities, a reduction in horizontal clearance whether above or below ground, a reduction in overhead vertical clearance, paving over utilities, or restricting a utility owner’s access to its utility facilities. District utilities staff should work with utilities to determine if a conflict exists and the appropriate plan of adjustment to remedy the conflict. The adjustment to the utility may be a relocation or another measure that protects the utility or access to the utility from the proposed highway improvement project. Determination of a conflict needs to be continually re-evaluated as the project design progresses. Continuing coordination is essential.&lt;br /&gt;
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==643.2.5 Utility Plan of Adjustment==&lt;br /&gt;
===643.2.5.1 Request for Plan of Adjustment===&lt;br /&gt;
District utilities staff will request a plan of adjustment from utility owners whose utility facilities are in conflict with a proposed highway project. The plan of adjustment may consist of efforts to relocate the utility or otherwise protect a utility from the impacts of the proposed highway project. Utilities are shown on the roadway plan and profiles sheets that are furnished to utility owners for use in planning required utility adjustments. Any other sheets such as drainage, traffic signal, lighting, or ITS plans that show impacts to a utility facility should also be provided to the utility owners. All adjustments, reimbursable or not, require a plan of adjustment furnished by the utility owner.&lt;br /&gt;
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A transmittal letter is included in the request for a plan of adjustment. The letter informs the utility owner that regardless of whether an adjustment is reimbursable, no physical adjusting or relocating of their utility facilities to accommodate the proposed highway improvement is to be performed without specific approval and authorization. Additionally, if any part of the adjustment has the potential to be reimbursable, they are advised:&lt;br /&gt;
# They may undertake preliminary engineering by their own forces upon approval by district utilities staff of the estimated costs of preliminary engineering.&lt;br /&gt;
# They may employ a consultant to do the PE work provided they request and obtain prior approval. See [[#643.2.6_Preliminary_Engineering_Requirements|EPG 643.2.6 Preliminary Engineering Requirements]].&lt;br /&gt;
# Any preliminary engineering costs accrued prior to the date of written authorization to proceed will not qualify for reimbursement.&lt;br /&gt;
# Replacement right of way or easements cannot be purchased without specific approval and authorization.&lt;br /&gt;
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===643.2.5.2 Proposed Plan of Adjustment===&lt;br /&gt;
Developing a plan of adjustment is a multi-step process. The utility owner will propose a conceptual approach to adjusting the utility facilities to allow highway construction. This conceptual approach is used as the basis for determining cost responsibility, estimate of costs for preliminary engineering and construction, developing the agreement if necessary, and final design of the adjustment. Negotiations between district utility staff and the utility owner’s representative can result in changes to the design throughout the process.&lt;br /&gt;
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Final plans of adjustment must contain a legend on the first sheet identifying the utility symbols used. They must also show the existing utility facilities and their disposition, the location of the new or adjusted utility facilities, the existing and new right of way lines, the limited or fully controlled access symbols (where applicable), the existing and proposed roadways, ramps, and outer roadways and any other pertinent roadway information. They must contain sufficient details concerning location, elevation, compaction, clean up, etc. to provide for the proper adjustment of the utility facility. Relocated and/or existing utility facilities that will remain in place must be dimensioned or indicated in a manner to show their location in respect to the right of way lines. It is preferred that the utility owner transmits the plan of adjustment by electronic deliverables in a format that can be incorporated into the roadway plans. This will reduce the time and effort necessary as well as increase the accuracy of transferring this information into the roadway plans.&lt;br /&gt;
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Plans of adjustment received from the utility owner are to be checked for compliance with MoDOT’s requirements ([[#643.1_Utilities_Location|EPG 643.1 Utility Location]]) by the district utilities staff. They are also checked to ensure compatibility with the roadway design. Any continuing conflicts are resolved through negotiations with the utility owner.&lt;br /&gt;
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Occasionally, it is impractical to perform a utility adjustment in accordance with MoDOT’s requirements. Sometimes the utility may request approval of a plan of adjustment that does not conform to these requirements. Deviation from MoDOT’s utility requirements is a variance. Refer to [[#643.1.8_Variances|643.1.8 Variance Process]] for additional guidance.&lt;br /&gt;
The final plan of adjustment is included as Exhibit “A” to the agreement ([[#643.2.12_Utility_Agreements|EPG 643.2.12 Agreements]]).&lt;br /&gt;
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==643.2.6 Preliminary Engineering Requirements==&lt;br /&gt;
Preliminary engineering (PE) can be performed one of four ways for utility adjustments:&lt;br /&gt;
# The utility owner can use its own engineering forces.&lt;br /&gt;
# MoDOT can select an engineering consultant, after consultation with the utility owner, and the consultant contract will be administered by MoDOT.&lt;br /&gt;
# The utility owner can select an engineering consultant, with approval by MoDOT, and the consultant contract will be administered by the utility owner.&lt;br /&gt;
# If a utility adjustment is being included in a MoDOT administered construction contract, the preliminary engineering of the adjustment can be provided by MoDOT.&lt;br /&gt;
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For reimbursable utility adjustments, the amount paid to engineers, architects, and others for required engineering and allied services can be included in reimbursement amount provided such amounts are not based on a percentage of the costs of the necessary adjustments to allow highway construction. Reimbursement is available for contracts executed after solicitation of a consultant for the specific adjustment or existing continuing contracts when it is demonstrated that such work is performed regularly for the utility owner in its own work and that the costs are reasonable.&lt;br /&gt;
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A [https://epg.modot.org/forms/general_files/DE/UtilityConsultantContractChecklist.docx checklist is available for reviewing consultant-engineering contracts] to ensure the contract conforms to MoDOT policy and complies with applicable federal regulations. District utilities staff should use the checklist to review contracts and may consult with Audits and Investigations Division as necessary. The procedures in 23 CFR part 172, Administration of Engineering and Design Related Service Contracts may be used as a guide for reviewing proposed consultant contracts. [[:LPA:136.4_Consultant_Selection_and_Consultant_Contract_Management|EPG 136.4 Consultant Selection and Consultant Contract Management]] may also be used as a guide.&lt;br /&gt;
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===643.2.6.1 Solicited Consultant Contracts===&lt;br /&gt;
If solicitation of PE services is required for reimbursable utility adjustments, the utility owner must provide the following documents and information to district utilities staff. These documents need to be provided as soon as the utility owner has chosen to solicit a consultant. Document 1 must be supplied by all utility owners. Documents 2 and 3 are only required when the utility owner is a local government agency who is also a political subdivision of the state of Missouri (e.g., city-owned utilities, county-owned utilities). All other utility owners are encouraged, but not required, to provide Documents 2 and 3:&lt;br /&gt;
# A statement that the utility owner is not staffed or able to perform the required PE services with its own forces.&lt;br /&gt;
# Provide the names of at least three (3) consultants considered.&lt;br /&gt;
# The criteria used to evaluate each consultant and reasons why the selected consultant was selected.&lt;br /&gt;
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The following documents need to be provided as soon as the utility owner has successfully negotiated and entered into a contract with the consultant:&lt;br /&gt;
# The name and address of the selected consultant.&lt;br /&gt;
# A statement that the &amp;quot;[https://epg.modot.org/forms/general_files/DE/CertificationOfConsultant.docx Certification of Consultant]&amp;quot; will be furnished immediately upon award of the contract to the consultant.&lt;br /&gt;
# One executed copy of the proposed engineering contract or agreement between the utility owner and consultant, only if the engineering will exceed $5,000.00.&lt;br /&gt;
# The consultant&#039;s fixed (lump sum) or estimated fee (actual cost) and the contract maximum.&lt;br /&gt;
# A cost summary providing a detailed breakdown of the basis for the consultant&#039;s compensation, including estimated labor hours, hourly rates for each classification, overhead rate (if used), the amount of profit charged, and any other estimated charges such as travel expenses, equipment rentals, etc. If an overhead rate is used, the consultant must also submit the supporting overhead rate calculations.&lt;br /&gt;
# An independent cost estimate of engineering services provided by the utility owner to use in comparison to the consultant’s proposed engineering services to check for cost reasonableness.&lt;br /&gt;
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===643.2.6.2 Continuing Consultant Contracts===&lt;br /&gt;
When a utility owner chooses to use an existing continuing contract for PE services, the utility owner must provide the following documents and information to the district utilities staff as soon as possible.&lt;br /&gt;
# A statement that the utility owner is not staffed or able to perform the engineering with its own forces.&lt;br /&gt;
# The name and address of the consultant under the existing continuing contract.&lt;br /&gt;
# A statement that the &amp;quot;[https://epg.modot.org/forms/general_files/DE/CertificationOfConsultant.docx Certification of Consultant]&amp;quot; will be furnished.&lt;br /&gt;
# A copy of the continuing contract to the district utilities staff. The district utilities staff will review the contract for reasonableness of cost.&lt;br /&gt;
# The consultant&#039;s fixed (lump sum) or estimated fee (actual cost) and the contract maximum for the work associated with the utility adjustment.&lt;br /&gt;
# A cost summary providing a detailed breakdown of the basis for the consultant&#039;s compensation, including estimated labor hours, hourly rates for each classification, overhead rate (if used), the amount of profit charged, and any other estimated charges such as travel expenses, telephone, etc. If an overhead rate is used, the consultant must also submit the supporting overhead rate calculations.&lt;br /&gt;
# An independent cost estimate of engineering services provided by the utility owner to use in comparison to the consultant’s proposed engineering services to check for cost reasonableness.&lt;br /&gt;
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===643.2.6.3 Consultant Contract Changes===&lt;br /&gt;
If a PE services contract between a utility owner and a consultant needs to be revised, a copy of the revised contract, fee, and schedule should be submitted by the utility owner to the district utilities staff prior to allowing for contract changes. District utilities staff should review the contract changes to ensure the revised contract conforms to MoDOT policy and complies with applicable federal regulations.&lt;br /&gt;
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==643.2.7 Environmental and Right of Way==&lt;br /&gt;
===643.2.7.1 Utilities and Environmental Clearances===&lt;br /&gt;
District utilities staff should coordinate with the TPM and utility owner’s representative to understand and communicate on known environmental and cultural constraints that could impact a utility owner’s plan of adjustment. This will allow the utility owner to consider permitting timelines and alternatives that avoid environmental or cultural resources to keep the project on schedule.&lt;br /&gt;
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One strategy to make project delivery more efficient and ensure regulatory compliance is for MoDOT to obtain the environmental and cultural resource permits and clearances for the utility owners associated with a roadway improvement while obtaining its own. This would generally only be for the permits and regulatory clearances MoDOT already needs to pursue as a part of the transportation improvement.&lt;br /&gt;
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District utilities staff should coordinate with the utility owner’s representative early in the project timeline to determine if it is in the best interest of both MoDOT and the utility owner to obtain permits and environmental clearances jointly. The following strategies can be utilized to determine if a joint approach to environmental work should be pursued:&lt;br /&gt;
* If utility facilities are moving to a location within or immediately adjacent to MoDOT right of way, a utility owner may be invited to participate in permitting and environmental compliance activities.&lt;br /&gt;
* If utilities move to a location not within or adjacent to MoDOT right of way, the utility company would not normally be invited to participate in permit applications and environmental compliance activities. However, some unique projects may necessitate further attention and should be discussed with the Design Liaison Engineer.&lt;br /&gt;
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If MoDOT and the utility owner agree to obtain joint permits and clearances, written communication between the utility owner’s representative and the district utilities staff should document the following items:&lt;br /&gt;
* List of the permits and clearances that MoDOT will acquire on behalf of the utility owner.&lt;br /&gt;
* List of the information needed from the utility owner in order for MoDOT to acquire the permits and clearances.&lt;br /&gt;
* Schedule and deadlines for submittal of the information by the utility owner. For example: utility plans, fill quantities, construction methods, dates, or seasons of construction.&lt;br /&gt;
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Permits and clearances that may be needed by both a utility owner and MoDOT include:&lt;br /&gt;
* [[127.7_Threatened_and_Endangered_Species|Endangered Species Act consultation and clearance]]&lt;br /&gt;
* [[127.2_Historic_Preservation_and_Cultural_Resources#127.2.1.1_Historic_Preservation_Regulations_and_Laws|Section 106 of the National Historic Preservation Act clearance]]&lt;br /&gt;
* [[127.10_Section_4(f)_Public_Lands|Section 4(f) clearance]]&lt;br /&gt;
* [[127.10_Section_4(f)_Public_Lands#127.10.1.4_Section_6(f)_Laws_and_Regulations|Section 6(f) of the Land and Water Conservation Fund Act clearance]]&lt;br /&gt;
* [[127.4_Wetlands_and_Streams|Section 401 and Section 404 of the Clean Water Act permits]]&lt;br /&gt;
* [[:Category:806_Pollution,_Erosion_and_Sediment_Control#806.1_Introduction_(see_Sec._806)|Section 402 of the Clean Water Act permit (State Operating Permit for Erosion Control)]]&lt;br /&gt;
* [[127.8_Hazardous_and_Solid_Waste|Recommendations on contaminated soil disposition]]&lt;br /&gt;
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===643.2.7.2 Right of Way Acquisition and Utilities===&lt;br /&gt;
The Commission is obligated to acquire the width of right of way required by the design of the highway improvement. For utility facilities currently located within the Commission’s right of way, this includes the necessary space for the utility facilities impacted by the design of the highway improvement. Either additional right of way width to accommodate a utility corridor or a utility easement can be obtained for the relocation of utility facilities. When drainage easements are acquired along a channel, additional space for utility facilities should be considered to avoid conflicts between the utility facility and the bridge or culvert.&lt;br /&gt;
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District utilities staff should inform the utility owner’s representative of the potential of a conflict between an existing utility facility and a proposed highway construction project early in the project development process to allow sufficient time for the utility owner to prepare a plan of adjustment and notify the district utilities staff of any easement needs. When utility facilities are located on a utility owner’s private easement, the utility owner may obtain its own new easements. If the utility owner is not in a position to negotiate for new easements or if the utility owner’s policies will not permit it to condemn property to obtain the easement, MoDOT can acquire the easement in the same manner roadway right of way is obtained. The district utilities staff should verify the utility owner is aware of the opportunity to have MoDOT acquire the easement, and the utility owner should provide written documentation on whether the utility owner would like to pursue this option with MoDOT.&lt;br /&gt;
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For situations where the utility owner will obtain its own replacement right of way and the cost of the adjustment is MoDOT’s responsibility, the utility right of way cost should be reviewed by the district right of way department to ensure the cost is reasonable and acquisition followed state and federal regulations. In order to expedite utility adjustments necessary to allow highway construction, the district utility staff may authorize the utility owner to obtain easements prior to all details of a plan of adjustment being developed. In this situation, the district utilities staff should ensure enough details are known to justify the needed right of way, and an agreement for right of way costs only should be executed with the utility owner.&lt;br /&gt;
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For situations where MoDOT will obtain the right of way necessary to allow highway construction, district utility staff should negotiate with the utility owner’s representative to ensure all necessary utility easements are shown on the approved right of way plans. The TPM should confirm with district utilities staff that the right of way plans accurately reflect the needs of the utility owners prior to requesting right of way plan approval. The district Right of Way Manager should confirm with district utilities staff before requesting an acquisition date (A-date). Every effort should be made to avoid adding utility easement requests once negotiations with property owners have begun.&lt;br /&gt;
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Occasionally, when negotiations cannot be completed for easements for the adjustment of utility facilities, it may be necessary to condemn for the property. District utilities staff should coordinate with the utility owner’s representative to ensure no alternate design for the adjustment of the utility facility is practical. The decision to condemn for easements for the adjustment of the utility facilities requires the exercise of good judgment in reaching the conclusion that further good faith negotiations are futile and condemnation is necessary to maintain the project in the scheduled letting. The TPM should coordinate with the district utilities staff and district Right of Way (RW) personnel on the condemnation proceedings.&lt;br /&gt;
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Easement and other right of way documents used with utility owners are handled in accordance with procedures established jointly with RW and district utilities staff. District survey staff prepare the land descriptions for use in utility easements. The district utilities staff is responsible for completion of the easements in the correct form and scope. A sketch delineating the area described is attached to the easement as Exhibit “A”. Communication with the Design Division will ensure use of proper forms, corporate names and locations, and particular wording required for joint ownerships. The description for a utility easement is to be referenced to the nearest land corner shown on the plans. Examples of easements can be found in the template list in [https://netprod3.dot.missouri/eAgreements/Search/QuickSearch eAgreements].&lt;br /&gt;
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In situations where MoDOT is acquiring right of way with existing utility easements, but the district utilities staff and the utility owner’s representative agree that the utility facility may remain in place, the utility owner will release the property to the Commission separate from the right of way acquisition. This is done by executing an Easement for Highway Construction (UT16). The utility owner grants and conveys, with warranty of title expressed or implied, to the Commission, the right to construct, reconstruct, and maintain a highway over and across that portion of the easement owned and held by the utility owner. In the future, the utility owner retains any reimbursable rights should future projects require adjustments to allow highway construction.&lt;br /&gt;
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==643.2.8 Cost Responsibility==&lt;br /&gt;
In addition to determining if a conflict exists between an existing utility facility and a highway improvement project, it is important to determine who is responsible for the costs of the necessary adjustments to allow highway construction. An adjustment for which the Commission is responsible for the costs is known as a reimbursable adjustment. An adjustment for which the Commission is not responsible for the costs is known as a non-reimbursable adjustment. An adjustment for which the Commission and the utility share responsibility for costs is known as a partially reimbursable adjustment. Adjustments determined to be reimbursable or partially reimbursable by the Commission are to be completed under the terms of an agreement executed between the utility owner and the Commission.&lt;br /&gt;
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===643.2.8.1 Commission Responsibility===&lt;br /&gt;
====643.2.8.1.1 Utility Facilities Located on Private Easements====&lt;br /&gt;
When the utility facility is located on a private easement within the new right of way to be acquired for a future project, the Commission is responsible for the cost of the necessary adjustments to allow highway construction. It may be possible that such easement does not have written easement rights. The Commission will honor this oral right provided acceptable documentation is provided by the utility owner to the district utilities staff. An [https://epg.modot.org/forms/general_files/DE/NonwrittenEasementRights_Example.docx example of acceptable documentation for not written easement rights] is available. Other forms of documentation will be considered on an individual basis.&lt;br /&gt;
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=====643.2.8.1.1.1 Future Moves=====&lt;br /&gt;
When the utility facility is located on a private easement, taken into the Commission’s right of way, the Commission may agree that any future moves of the same utility by Commission order may be made at the Commission’s cost. Documentation of this agreement is by an Easement for Highway Construction (UT16) agreement. If the Commission provides a substitute private easement, then the Commission will have future obligations consistent with the utility facility’s status in an easement.&lt;br /&gt;
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====643.2.8.1.2 Utility Facilities Located within Commission Right of Way====&lt;br /&gt;
When the utility facility is located within Commission right of way, but has prior land rights, the Commission is responsible for the cost of adjustments to allow highway construction. The utility owner is responsible for documenting to the satisfaction of the district utilities staff, the basis for the claim of prior land rights within Commission right of way. Time spent researching prior rights is considered coordination and is reimbursable.&lt;br /&gt;
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====643.2.8.1.3 City or County Utility Facilities on City or County Streets====&lt;br /&gt;
When roadway improvements are within the corporate limits of cities, towns, and villages, a municipal agreement is negotiated between the Commission and the municipality. Likewise, when roadway improvements are within the limits of a county and outside the municipal limits, a county agreement is negotiated between the Commission and the County Commission. Included in these agreements are provisions regarding reimbursement for adjusting city or county owned utility facilities. Reimbursement is provided for adjustment of city or county owned utility facilities that are now located on city or county streets and not on Commission right of way.&lt;br /&gt;
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====643.2.8.1.4 Lumen====&lt;br /&gt;
Lumen – National (formerly CenturyLink, Lightcore, or Digital Telephone, Inc. (DTI)) and the Commission have entered into a partnership agreement, “Amended and Restated Fiber Optic Cable on Freeways in Missouri,” executed June 5, 2003 which obligates the Commission to be responsible for the cost of the necessary adjustments to allow highway construction along the routes identified in the agreement. A copy of the agreement is available to district utilities staff.&lt;br /&gt;
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====643.2.8.1.5 Services to the Commission====&lt;br /&gt;
When a utility facility provides a service connection to local Commission facilities such as power to traffic signals, lighting, ITS, and cathodic protection and phone drops to traffic signal controllers or other Commission facilities, the Commission is responsible for the cost of the necessary adjustments to allow highway construction.&lt;br /&gt;
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====643.2.8.1.6 Private Service Lines====&lt;br /&gt;
While most utility owners reconnect the private service lines at no cost to the property owner, some do not. If a utility owner does not reconnect service lines, MoDOT can include adjustment of private service lines in roadway contracts. Bid items for relocating service connections are provided for the different types of anticipated adjustments.&lt;br /&gt;
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====643.2.8.1.7 Second Moves====&lt;br /&gt;
If the Commission requires additional work to a utility facility after the facility has been relocated or adjusted in accordance with a plan of adjustment approved by the Commission for a single project number, the Commission is responsible for the cost of the additional work regardless of whether the initial adjustment was Commission responsibility as outlined in other parts of [[643.2_Local_Utility_Adjustments_-_Public_and_Private#643.2.8.1_Federalizing_Funds_for_Preliminary_Engineering|643.2.8.1]].&lt;br /&gt;
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The purpose of the policy is to encourage utilities to relocate early rather than waiting until plans are published for bidding. The policy eliminates the utility having to relocate twice at its own expense because of late changes in the design. It is best to have utilities relocated prior to construction, and this policy helps achieve that goal. Therefore, it is imperative that the designer notifies district utilities staff as soon as possible of any changes made after these plans have been sent. If notified immediately, it may be possible to inform the utility owner prior to their final design thereby eliminating a second move.&lt;br /&gt;
&lt;br /&gt;
Under this policy, the following are not considered second moves. Temporary and staged relocations necessary to accommodate construction and agreed upon by the utility and the Commission prior to relocation are considered a single move and are not subject to the provisions of the second move policy. If the Commission requires adjustment of a utility facility for which the utility owner is responsible for the cost of the adjustment and was originally determined to not need adjustment, the utility owner is responsible for the cost of the adjustment. The utility owner is responsible for the cost of additional work to any portion of the utility facility after the utility facility has been adjusted in accordance with a plan of adjustment approved by the Commission if the additional work is required by the Commission due to error by the utility owner in preparation of plan of adjustment, field location of, or construction of the adjustment of the utility facility.&lt;br /&gt;
&lt;br /&gt;
When evaluating construction contract changes by change order or value engineering, the impacts of the second move policy should be considered.&lt;br /&gt;
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===643.2.8.2 Utility Owner Responsibility===&lt;br /&gt;
====643.2.8.2.1 Utility Facilities Owned and Operated by a Political Subdivision====&lt;br /&gt;
When a utility facility is located within Commission right of way, but does not have prior land rights, the utility owner is responsible for the cost of the necessary adjustments to allow highway construction. When a utility facility is located on public right of way other than Commission right of way, the utility owner is responsible for the cost of the necessary adjustments to allow highway construction.&lt;br /&gt;
&lt;br /&gt;
When a political subdivision must bear part or all the cost of adjustments to their utility facilities, and the cost creates a financial hardship, the Commission, by its authorized representative, the Chief Engineer, may temporarily assume these costs. A payback agreement with the political subdivision will include an applicable interest rate for a comparable maturity from a widely published index of tax-exempt municipal rates obtained from Financial Services. Payback time will not exceed five (5) years.&lt;br /&gt;
&lt;br /&gt;
====643.2.8.2.2 Utility Facilities Other Than Those Owned by a Political Subdivision====&lt;br /&gt;
When a utility facility is on the right of way of a public road or street or on state highway right of way without prior land rights and adjustment is necessary to allow for the construction of a roadway improvement, the utility owner is responsible for the cost of the necessary adjustments to allow highway construction.&lt;br /&gt;
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===643.2.8.3 Shared Responsibility===&lt;br /&gt;
When a utility facility is located such that portions of it are a Commission responsibility and portions of it are a utility owner responsibility by the definitions above, the costs of the necessary adjustments to allow highway construction will be split by the Commission and the utility owner. If the exact cost for each party can be determined, each party will be responsible for their portion of the cost of relocating the utility facility. If the exact cost for each party cannot be determined, the parties will arrive at a percentage reimbursement on an equitable basis.&lt;br /&gt;
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===643.2.8.4 Notice of Hearing===&lt;br /&gt;
When relocation or other difficulties with utility facilities on public right of way arise that prevent resolution by negotiation, formal hearings will be required.&lt;br /&gt;
&lt;br /&gt;
The district initiates a request for a utility relocation hearing with a letter to the Chief Counsel’s Office (CCO) (a copy is provided to the Design Division) requesting a hearing date. CCO will arrange for a hearing room, court reporter, etc. and advise the district of the hearing date.&lt;br /&gt;
&lt;br /&gt;
The district will prepare the notice of hearing by strictly following the given format and serve the notice on all persons and utility owners listed. The property and utility owner must be served only by personal service or by mailing a certified letter, return receipt requested, no later than 15 days before the date of hearing. This will require the district to make every effort to identify the correct property owner before preparing the notice of hearing. To avoid delays, every attempt will be made to issue the hearing notice at least 30 days prior to the hearing date in case any property has changed ownership and any additional property owners must be served. A notice of hearing on service line connections will also be served on the private or public owner of the main or distribution line to which the service lines are connected. A notarized &amp;quot;Report of Personal Service&amp;quot; will be completed when notification by certified mail is not used.&lt;br /&gt;
&lt;br /&gt;
One copy of the hearing notice and attachments, &amp;quot;Report of Personal Service&amp;quot; and certified mail notices are to be submitted to CCO after notification is complete.&lt;br /&gt;
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Prior to the hearing, the district&#039;s representative will become familiar with the details of the utility adjustment in order to provide concise testimony to expedite the hearing process. CCO will assign an attorney to work with the district and present the case.&lt;br /&gt;
&lt;br /&gt;
Refer to 7 CSR 10-3.030 020 Utility Relocation Hearings for additional information.&lt;br /&gt;
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A Waiver of Hearing should be obtained for non-reimbursable adjustments to document the commitment of the utility owner to adjust its utility facilities without adversely impacting the highway construction project. This may be accomplished informally via written communications between the district utilities staff and the utility owner’s representative. A [https://epg.modot.org/forms/general_files/DE/WaiverOfHearingForm.docx formal Waiver of Hearing statement] may be requested by either MoDOT or the utility owner. A [https://epg.modot.org/forms/general_files/DE/WaiverOfHearingLetter.docx sample transmittal letter for the Waiver of Hearing] is available. For reimbursable or partially reimbursable adjustments, the formal agreement serves as the basis of documentation of this commitment.&lt;br /&gt;
&lt;br /&gt;
==643.2.9 Estimates==&lt;br /&gt;
District utilities staff will negotiate with utility owners to determine reimbursable costs of the necessary adjustments to allow highway construction ([[#643.2.8_Cost_Responsibility|EPG 643.2.8 Cost Responsibility]]). These estimates are prepared in accordance with the provisions of 23 CFR 645 and any amendment thereto. These estimates must reflect the same procedures and costs used by the utility owners in their normal operations and must also accurately represent the expected costs of the work. The utility owner’s estimate will be reviewed by the district utilities staff to ensure compliance with 23 CFR 645.&lt;br /&gt;
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===643.2.9.1 Independent Cost Estimate===&lt;br /&gt;
The independent cost estimate provides the basis for district utilities staff to review the utility owner’s estimate of costs of the necessary utility adjustments to allow highway construction and any subsequent negotiations with the utility owner. The district utilities staff should prepare an independent cost estimate. The independent cost estimate may be based on unit prices of anticipated items of work in a utility adjustment necessary to allow highway construction. The independent cost estimate alternately may be based on recent similar types of utility adjustments necessary to allow highway construction and scaled for size. Consultants can be used to develop the independent cost estimate. All documentation of the independent cost estimate should be placed in MoProjects.&lt;br /&gt;
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===643.2.9.2 Type of Project Cost Estimates===&lt;br /&gt;
Either Actual Cost or Lump Sum estimates may be used for estimating the costs on the necessary utility adjustments to allow highway construction. If an Actual Cost estimate is used, detailed records of materials, labor, and equipment are made by district utilities and/or construction staff during construction, and a final audit of the utility owner’s cost records is made to determine the Commission’s actual responsibility for costs of the adjustment completed to allow highway construction. If a Lump Sum estimate is used, a final audit of costs for an adjustment in payment is not required. The Actual Cost method requires more detailed record keeping and documentation by the utility owner and district staff during construction. The Lump Sum method requires more upfront detail and work by the utility owner and judgment on the district utilities staff on the acceptability of the cost. The district utilities staff will work with the utility owner’s representative to determine the best type of estimate and therefore agreement to use.&lt;br /&gt;
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====643.2.9.2.1 Actual Cost Estimate====&lt;br /&gt;
The cost estimate that supports the actual cost agreement is prepared in sufficient detail to determine the reasonable expected cost of the work to support development of an agreement between the utility owner and the Commission. However, reimbursement is based on the actual costs of design and construction of the necessary adjustment to allow highway construction. The [https://epg.modot.org/forms/general_files/DE/ActualCostCostEstimate_Example.docx actual cost estimate] should detail all costs of the necessary adjustment to allow highway construction, even if the Commission is only responsible for a portion of the costs as detailed in EPG [[#643.2.8.3_Shared_Responsibility|643.2.8.3 Shared Responsibility]].&lt;br /&gt;
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[https://epg.modot.org/forms/general_files/DE/ActualCostCostEstimate_Example.docx Actual cost estimates] can be used for any dollar amount of reimbursement.&lt;br /&gt;
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====643.2.9.2.2 Lump Sum Estimates====&lt;br /&gt;
The cost estimate that supports the lump sum agreement must be accurate, comprehensive, verifiable, and in sufficient detail to present a clear picture of the work involved and the cost of the individual items. The estimate may cover only that portion of the adjustment for which the Commission is responsible for the costs of the necessary utility adjustments to allow highway construction.&lt;br /&gt;
Lump sum estimates are limited to a maximum of $200,000 of Commission responsibility of costs of the necessary utility adjustments to allow highway construction; however, exceptions may be made for special situations that have prior approval from Design Division. These exceptions usually cover major relocations for which the Commission&#039;s proportionate responsibility is extremely small.&lt;br /&gt;
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===643.2.9.3 Utility Cost Estimate Requirements===&lt;br /&gt;
Whether using an Actual Cost or Lump Sum estimate, the following should be included in the estimate, if applicable. If any of the following sections are not included in the estimate, a qualifying statement as to why the costs were not included should be provided.&lt;br /&gt;
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====643.2.9.3.1 Scope of Work====&lt;br /&gt;
All estimates require a concise summary of the work to be performed on the estimate. An example is &amp;quot;an estimate of cost covering the work of relocating Company&#039;s 12-inch Cushing-Woodriver pipeline to accommodate construction of Route 47 in Franklin County on Job No. J6P0172&amp;quot;.&lt;br /&gt;
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====643.2.9.3.2 Engineering Costs====&lt;br /&gt;
Costs of engineering, whether preliminary or construction, must be shown as separate items and are not to be included with &amp;quot;labor costs&amp;quot;. Concurrent cost accounting procedures of FHWA and MoDOT make this a necessity. See [[#643.2.6_Preliminary_Engineering_Requirements|EPG 643.2.6 Preliminary Engineering]] and [[#643.2.16.2_Construction_Contract_Requirements|EPG 643.2.16.2 Construction Contract Requirements]] for further information.&lt;br /&gt;
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====643.2.9.3.3 Right of Way Costs====&lt;br /&gt;
A detailed estimate of the cost to acquire replacement easements by the utility owner is required. The cost should be supported by a right of way plan.&lt;br /&gt;
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====643.2.9.3.4 Material Costs====&lt;br /&gt;
Quantities, description of the item, the unit cost, and the extended totals are shown. Percentage computations will be shown immediately following &amp;quot;total cost&amp;quot; so the utility owner’s and Commission&#039;s cost obligations are properly indicated. Unit assembly costs similar to those used by several of the rural electric association (R.E.A.) cooperatives are acceptable, provided the same units and charges are used in the utility owner’s regular operations. A handling charge conforming with the utility owner’s regular procedures may also be included.&lt;br /&gt;
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====643.2.9.3.5 Labor Costs====&lt;br /&gt;
Hours, individual or crew rates, and extended totals are shown. Payroll additives such as insurance, retirement, social security, vacation, and other benefits are shown as a separate item under this heading in accordance with utility owner’s regular procedures. Adequate explanation must be given for total percentage used, especially in those cases where materials and labor are combined as unit costs or where labor percentages include additives and equipment requirements.&lt;br /&gt;
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====643.2.9.3.6 Equipment Costs====&lt;br /&gt;
A description of the equipment to be used must be shown jointly with the number of hours to be charged. Rates charged for equipment usage must be justified by the utility owner’s established accounting procedures. When the utility owner does not have an established accounting procedure or a capitalization and depreciation schedule that is used in its own operations, the rates are to be established by using rental rate publications as a guide. A reasonable amount will be deducted, when using rental rate schedules, for profit that the rental company realizes. A full explanation of the methods used in establishing the rates must also be submitted to support the utility owner’s request and with approval of the district utilities staff.&lt;br /&gt;
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Equipment may be rented when the utility owner’s equipment is not available or is inadequate, with the rental rate justified by appropriate solicitation of bids. See [[#643.2.16.2_Construction_Contract_Requirements|EPG 643.16.2 Construction Contract Requirements]] for further information.&lt;br /&gt;
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Unusual accounting procedures may be accepted with adequate prior explanations and approval of the Design Division.&lt;br /&gt;
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====643.2.9.3.7 Removal Costs====&lt;br /&gt;
These costs are estimated and shown in a similar method but separately from installation costs. When removal costs exceed salvage credits by more than the estimated cost of removal by the roadway contractor, an effort should be made to persuade the utility owner to abandon the utility facilities in place. An exception is made when the utility owner is required to remove abandoned utility facilities because of liability, hazard, or by specific agreement with the Commission. Abandoned utility facilities can be included with the miscellaneous removals in the roadway contract. It may be possible for the utility owner to remove those portions of the utility facility for which credits will exceed removal costs, with the remainder of the utility facility to be abandoned for removal in the roadway contract. Materials removed must be itemized, with the utility owner’s customary salvage credit given. Items to be scrapped or junked should be indicated. Whenever a utility facility or portion thereof is shown to be abandoned on the plan of adjustment, the roadway plans should be notated accordingly. This eliminates ownership problems if these utility facilities are removed or salvaged by the roadway contractor.&lt;br /&gt;
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When the utility facility is no longer needed and removal is necessary to accommodate the roadway project, the removal of the item may be handled either as a right-of way-item or a utility adjustment. When handled as a right of way item, the damages allowed are to equal the depreciated value of the utility facility, with the necessary removals being accomplished by the roadway contractor. If accomplished as a utility adjustment, the Commission, by utility agreement, will reimburse the utility owner for removal costs and receive salvage credit for the material removed, up to but not exceeding removal costs.&lt;br /&gt;
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====643.2.9.3.8 Salvage of Removed Materials====&lt;br /&gt;
This statement, to explain the salvage credit or lack of credit, will reflect routine utility owner policy as well as the particular situation. The utility owner will place a value on any recovered material for salvage. District utilities staff should check this value for reasonableness. Examples of salvage statements include:&lt;br /&gt;
* Existing utility facilities to be abandoned in place, since the cost of salvaging, based on our past experience, will exceed their value.&lt;br /&gt;
* Only those items will be salvaged for which salvage credit will exceed the cost of removal and salvage.&lt;br /&gt;
* Company liability requires removal of the retired utility facilities, even though the cost of removal will exceed allowable credit for salvage.&lt;br /&gt;
* Salvage credits are in accordance with established company accounting procedures.&lt;br /&gt;
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====643.2.9.3.9 Accrued Depreciation Credits====&lt;br /&gt;
Credit is required for the accrued depreciation of a utility facility that is being replaced. Examples are a building, structure, pumping station, filtration plant, power plant, substation, or other similar operational unit. Credit for accrued depreciation will not be required for a segment of the utility&#039;s service, distribution, or transmission lines. It is also not required when the building or structure is being moved as necessitated by the highway project. Acceptable accrued depreciation credit will be determined by using the following formula:&lt;br /&gt;
&amp;lt;math&amp;gt;\frac{\text{Actual Length of Service of Replaced Facility (Years)}}{\text{Total Estimated Service Life of Replaced Facility (Years)}} x&amp;lt;/math&amp;gt;&amp;lt;span style=&amp;quot;font-family: &#039;Times New Roman&#039;, Times, serif; font-size: 130%;&amp;quot;&amp;gt; Original Cost ($) = Credit ($)&amp;lt;/span&amp;gt;&lt;br /&gt;
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====643.2.9.3.10 Betterment Credits====&lt;br /&gt;
Betterment means the upgrading of the utility facility being relocated, made solely for the benefit of and at the election of the utility owner and is not attributable to the roadway improvement. Credit to the Commission is required for the additional costs incurred for the betterments introduced in the adjusted utility facility. No betterment credit is required for additions or improvements which are:&lt;br /&gt;
* Required by the highway project&lt;br /&gt;
* Replacement devices or materials that are of equivalent standards although not identical&lt;br /&gt;
* Replacement of devices or materials no longer regularly manufactured with next highest grade or size&lt;br /&gt;
* Required by law under governmental and appropriate regulatory commission code&lt;br /&gt;
* Required by current design practices regularly followed by the utility owner in its own work, and there is a direct benefit to the highway project&lt;br /&gt;
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====643.2.9.3.11 Overhead Costs====&lt;br /&gt;
Overhead costs are usually a percentage of the total labor cost. This item must be in accordance with the utility owner’s established accounting procedures, which in some cases may include handling costs or be a percentage of the total cost of the work involved. Additional attention to overhead costs is required when the rate is different from previously accepted rates. Occasionally, it can be difficult to obtain the necessary information at the time of the estimate to approve the overhead rates. In this situation, the estimate can be approved with exception of the overhead rates for payment. The utility owner is informed of this matter with the understanding that the overhead rates could be approved and paid with submission of appropriate supporting data and Financial Services audit review.&lt;br /&gt;
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====643.2.9.3.12 Prorating Costs====&lt;br /&gt;
The need for prorating utility adjustment costs occurs when both the Commission and the utility owner are responsible for a portion of the utility adjustment necessary to allow for highway construction, and the actual costs for reimbursement in each category cannot be explicitly determined. Generally, the following conditions require division of costs:&lt;br /&gt;
* The adjustment is considered partially reimbursable per [[#643.2.8.3_Shared_Responsibility|EPG 643.2.8.3 Shared Responsibility]]&lt;br /&gt;
* Betterments are included in the necessary adjustment of the utility facility&lt;br /&gt;
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The district utilities staff should negotiate with the utility owner’s representative to determine an equitable basis for the prorating of costs based on the characteristics of the utility adjustment necessary to allow for highway construction.&lt;br /&gt;
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====643.2.9.3.13 Costs Records====&lt;br /&gt;
The estimate should include a statement as to where the utility owner’s cost records may be reviewed. An example: &amp;quot;Company cost records will be available in our office at 2134 Industrial Avenue, Tulsa, Oklahoma&amp;quot;.&lt;br /&gt;
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====643.2.9.3.14 Other====&lt;br /&gt;
Additional statements will explain or further clarify the work that is included. Such other items may include bypasses, special equipment, need for larger utility facilities, etc.&lt;br /&gt;
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==643.2.10 Schedule==&lt;br /&gt;
Timely adjustments of utility facilities are essential for efficient completion of highway construction projects. Ideally, all utility adjustments are completed prior to a project’s Plans, Specifications, and Estimate (PS&amp;amp;E) submittal to Central Office. Depending on the specifics of the highway construction and utility adjustment necessary, early completion of the utility adjustment may not be practical. The district utilities staff should negotiate with the utility owner to determine the schedule parameters necessary for the utility adjustment. At a minimum, the utility owner should document the dates it anticipates starting and completing the work. If a utility adjustment depends upon the completion of a portion of the highway construction, the necessary milestone for starting the utility adjustment should be documented along with an anticipated number of working days to complete the utility adjustment. The schedule is included as Exhibit “C” to the agreement.&lt;br /&gt;
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==643.2.11 Pre-Audits==&lt;br /&gt;
The district utility staff performs a pre-audit review and approval prior to preparation of the agreement. A [https://epg.modot.org/forms/general_files/DE/PreAuditChecklist.docx pre-audit checklist] should be completed and saved in MoProjects.&lt;br /&gt;
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==643.2.12 Utility Agreements==&lt;br /&gt;
Whenever the Commission is responsible for the cost of the necessary adjustments to allow highway construction, an agreement is required. If a Master Reimbursable Utility Agreement (see [[#643.2.12.2_Master_Reimbursable_Utility_Agreements|EPG 643.2.12.2]]) has not been executed with the utility owner, a Project Specific Agreement (see [[#643.2.12.3_Project_Specific_Agreements|EPG 643.2.12.3]]) is executed between the utility owner and the Commission. In some cases, it may be more practical for the Commission to include adjustment of utilities into a Commission administered contract. A Utility Agreement - Actual Cost (For Utility Work That is to be Included in the Missouri Highways and Transportation Commission&#039;s Road Project) (see [[#643.2.12.4_Agreement_for_Utility_Work_Included_in_Roadway_Improvement_Project|EPG 643.2.12.4]]). Agreements include a plan of adjustment (Exhibit “A”), cost estimate (Exhibit “B”), and schedule (Exhibit “C”).&lt;br /&gt;
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The Utility Agreement boilerplate forms have been approved by the Chief Counsel’s Office (CCO). They are identified in the upper left-hand corner of each agreement by an identifier such as CCO Form: UT01 for the Master Reimbursable Utility Agreement. CCO updates these agreements as necessary. They serve as a guide in the preparation of the agreement to be executed with the utility owner for the adjustments required to their utility facilities to accommodate the proposed roadway improvement project. District utilities staff should use the latest version of the agreement found in [https://netprod3.dot.missouri/eAgreements/Search/QuickSearch eAgreements] in drafting an agreement with utility owners. A list of utility agreements and detailed information concerning the sequence for preparing and executing an agreement is available in EPG [[:Category:153_Agreements_and_Contracts|153 Agreements and Contracts]].&lt;br /&gt;
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These forms are to be used word for word. Revisions or additions are only made to address specific project details. The intent of each paragraph must be retained, although specific words may be revised to fit the particular situation. No paragraphs are deleted without prior approval from CCO. For guidance on acceptance of liability, refer to the [[:Category:153_Agreements_and_Contracts#153.1.1.2_Acceptance_of_Liability_Policy_(MoDOT_Access_Only)|Acceptance of Liability Policy]] at the CCO SharePoint page. Drafts of agreements having major revisions or complications are to be submitted, with supporting data, to Design Division for comment and approval.&lt;br /&gt;
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A reference to 23 CFR 645 is included in all agreements. Utility owners must be acquainted with these requirements and procedures. The incorporation of 23 CFR 645 by reference in all agreements eliminates the need for a second set of regulations to be included in the document.&lt;br /&gt;
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The agreement for the adjustment of a utility is prepared by the district utilities staff and submitted to the utility owner for execution. The agreement is based on the plan, estimate of cost which was prepared in accordance with 23 CFR 645, and schedule. Authorized individuals representing the utility owner will execute the agreement. The agreement must be signed, sealed, and if necessary, notarized by the utility owner. If the utility owner does not have or use a corporate seal, write &amp;quot;NO SEAL&amp;quot; under the signatures of the owner’s officers. Agreements with political subdivisions are to be supported by an appropriate ordinance, a copy of which is to be submitted with the executed agreements. All copies will be forwarded to the CCO for further handling. A fully executed copy of the agreement will be retained in eAgreements. If the agreement was executed using electronic signatures, the district utilities staff should forward an electronic copy of the fully executed agreement to the utility owner. If the agreement was executed using wet signatures, one (1) paper copy of the fully executed agreement will be returned by the Commission Secretary’s Office to the district utilities staff. The district utilities staff will forward this copy to the utility owner.&lt;br /&gt;
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===643.2.12.1 Buy America Build America Requirements===&lt;br /&gt;
All agreements contain information on Buy America Build America (BABA) compliance. The utility owner should select the method of certification (See [[#643.2.19_Buy_America_Build_America_for_Utilities|EPG 643.2.19]]) at the time of agreement completion. The appropriate paragraph will be inserted into the agreement. All BABA compliance documents must be retained by the utility owner and made available upon request at no cost to the Commission and/or FHWA.&lt;br /&gt;
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====643.2.12.1.1 Utility Owner Self-Certification====&lt;br /&gt;
The City/Company certifies that when determining products/materials subject to Buy America Build America requirements to use in the performance of this Agreement, it shall use only such products/materials for which it has received a certification from its supplier, or provider of construction services that procures the product/material, certifying compliance with Buy America Build America requirements. This does not include products/materials for which waivers have been granted pursuant to 23 CFR 635.410. The City/Company will not be required to provide the Commission copies of the supplier certification as part of this Agreement or with the final invoice of said Commission’s Federal-Aid Highway Construction Project.&lt;br /&gt;
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====643.2.12.1.2 Vendor/Manufacturer Certification====&lt;br /&gt;
The City/Company certifies that when determining products/materials subject to Buy America Build America requirements to use in the performance of this Agreement, it shall use only such products/materials for which it has received a certification from its supplier, or provider of construction services that procures the product/material, certifying compliance with Buy America Build America requirements. This does not include products/materials for which waivers have been granted pursuant to 23 CFR 635.410. The City/Company shall provide to the Commission all Buy America compliance documents as outlined in the Commission’s Engineering Policy Guide 643. All required compliance documents shall accompany the final invoice submitted to the Commission.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.2 Master Reimbursable Utility Agreements===&lt;br /&gt;
The UT01: Master Reimbursable Utility Agreement (MRUA) is a statewide agreement that has been executed by the utility owner and the Commission for all future reimbursable utility adjustments between both parties. Once a MRUA is executed, no other utility agreements are required on design-bid-build projects. The district utilities staff should encourage utility owners to enter into a MRUA with the Commission to reduce potential future delays in executing a project specific agreement. A list of previously executed [https://modotgov.sharepoint.com/sites/DE/Utilities/Agreements/MRUA%20-%20Existing?csf=1&amp;amp;web=1&amp;amp;e=4LJHoa Master Reimbursable Utility Agreements (Modot Access Only)] is available. District utilities staff should add newly executed agreements to this list. The MRUA can be employed as either an actual cost ([[#643.2.12.3.1_Actual_Cost_Agreements|EPG 643.2.12.3.1]]) or lump sum ([[#643.2.12.3.2_Lump_Sum_Agreements|EPG 643.2.12.3.2]]) agreement. When the reimbursable adjustment will utilize a MRUA, the district utilities staff will prepare a MRUA correspondence letter (“letter agreement”) referencing the executed MRUA. A copy of the MRUA correspondence letter should be saved in MoProjects for reference by Financial Services, the district construction office, and the district staff responsible for inspection of utility adjustments. All project specific items such as type of agreement (actual cost or lump sum), plan of adjustment, estimated total cost, cost allocation, and schedule are addressed in the MRUA correspondence letter from the district utilities staff to the utility owner. A flowchart of the MRUA process is available.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.3 Project Specific Agreements===&lt;br /&gt;
If a utility owner does not have a MRUA with the Commission, a project specific agreement will be required for every project for which the Commission is responsible for the necessary adjustments to allow highway construction. The project specific agreement will be either an actual cost ([[#643.2.12.3.1_Actual_Cost_Agreements|EPG 643.2.12.3.1]]) or lump sum ([[#643.2.12.3.2_Lump_Sum_Agreements|EPG 643.2.12.3.2]]) agreement.&lt;br /&gt;
&lt;br /&gt;
====643.2.12.3.1 Actual Cost Agreements====&lt;br /&gt;
The UT03: Utility Agreement – Actual Cost is used when detailed estimates are not practical or costs appear to be questionable. Details on actual cost estimates can be found at [[#643.2.12.3.1_Actual_Cost_Agreements|EPG 643.2.9.2.1 Actual Cost Estimates]]. Once the final invoice on a UT03 is submitted to Financial Services, district utilities staff should change the status on the agreement in eAgreements to completed.&lt;br /&gt;
&lt;br /&gt;
====643.2.12.3.2 Lump Sum Agreements====&lt;br /&gt;
The UT02: Utility Agreement – Lump Sum eliminates the need for keeping detailed records of cost and the auditing of cost records. Estimates of cost must be prepared in detail for use of this agreement. When detailed estimates are not practical or costs appear unreasonable, actual cost agreements are to be used. Use of special forms of agreements, such as &amp;quot;subordination agreements&amp;quot;, which are desired by certain utility owners, is acceptable. These, too, must be revised to cover the particular situation. Details on lump sum estimates can be found at [[#643.2.9.2.2_Lump_Sum_Estimates|EPG 643.2.9.2.2 Lump Sum Estimates]]. Once the final invoice on a UT02 is submitted to Financial Services, district utilities staff should change the status on the agreement in eAgreements to “completed”.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.4 Agreement for Utility Work Included in Roadway Improvement Project===&lt;br /&gt;
The UT04: Utility Agreement - Actual Cost (For Utility Work That is to be Included in the Missouri Highways and Transportation Commission&#039;s Road Project) allows for the adjustment to be based on actual cost with the roadway contractor performing the utility work. Caution should be exercised in the type of utilities to be relocated in roadway contracts. Utilities recommended are waterlines and sewer lines. Other utilities, such as gas lines, communication lines, and power lines are to be studied thoroughly before being included in the project.&lt;br /&gt;
&lt;br /&gt;
The Transportation Project Manager and district utilities staff must plan ahead to get this work in the roadway contract. The utility owner must agree to include the utility adjustment in the roadway contract. The adjustment may be on highway right of way or on private easement in the name of the utility owner. The utility owner can agree to allow MoDOT’s contractor to work in its easement. However, district utilities staff in consultation with district right of way staff should review the easement documentation to verify the utility owner’s rights to the easement and any limitations on its use. MoDOT’s contractor can work and operate on both Commission right of way and on the utility easement, even when not directly connected to the Commission right of way, as part of the job site. Temporary construction easements may be necessary in addition to the utility easement to ensure adequate working room for the contractor.&lt;br /&gt;
&lt;br /&gt;
:The utility owner may request exemption to any liability for negligence of our contractor working on their easement. The Commission can assume that liability (refer to [[:Category:153_Agreements_and_Contracts#153.1.1.2_Acceptance_of_Liability_Policy_(MoDOT_Access_Only)|Acceptance of Liability Policy]]), but it should be included in the utility agreement if so desired by the utility owner. A Job Special Provision is necessary to require the MoDOT contractor to hold the utility harmless from all claims due to contractor negligence.&lt;br /&gt;
&lt;br /&gt;
Subsurface information, i.e. boring data, etc., should be obtained by the utility owner since it may be needed for the design of the utility adjustment. This information should be included in the plans. If the utility owner must bear all or part of the cost of the adjustment, the utility owner must agree to pay a pre-deposit to the Commission prior to opening bids on the project. This should be in the utility agreement. The pre-deposit will be credited to the &amp;quot;Missouri Highway and Transportation Commission - Local Fund.&amp;quot; Any interest earned in the fund will apply to the cost of the adjustments. The utility agreement will include language that the utility will inspect the installation and assume maintenance of the utility facility after construction. MoDOT will also provide engineering supervision to be sure the road contractor is in compliance with the contract. Utility plans and specifications are to be approved by the owner prior to submittal to the Central Office. The following items will provide minimum information to allow MoDOT’s contractor to bid the work.&lt;br /&gt;
# Individual bid items (not &amp;quot;lump sum&amp;quot;) should be established to promote better bidding and to handle overruns and underruns. Bid items not included on the Computer Stored Bid Item list should be &amp;quot;99&amp;quot; numbers.&lt;br /&gt;
# he bid package must be in our letting format. If the package was prepared by a consultant as if the utility owner were going to let it, all bid bond or bidding procedures must be screened to remove requirements contrary to MoDOT letting requirements. District utilities staff should work with the Transportation Project Manager, Design Liaison Engineer, and Central Office Bidding and Contract Services to ensure this requirement is met.&lt;br /&gt;
# The specifications required by the utility owner should be reviewed for items that could cause a bid problem for our contractor. Items such as non-readily available materials or sizes should be avoided.&lt;br /&gt;
# Utility plan sheets should be .pdf files equivalent to 22 in. x 34 in. It is helpful to have a quantity sheet specifically for utility items.&lt;br /&gt;
# Any special procedures required for the utility installation should be included in the Job Special Provisions.&lt;br /&gt;
# The utility package should be submitted on-time to Central Office with other project plans.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.5 Agreement for a Utility Only Project===&lt;br /&gt;
Any of the above agreements can be modified for a utility only project separate from the roadway project. The utility only project may be done by forces hired by the utility owner or by the Commission. A separate utility only project has distinct advantages when the following occurs:&lt;br /&gt;
* The utility work is extensive&lt;br /&gt;
* It must be performed in accordance with the utility owner’s seasonal requirements&lt;br /&gt;
* It extends beyond the limits of the construction project&lt;br /&gt;
* It must be performed considerably in advance of the roadway contract&lt;br /&gt;
&lt;br /&gt;
Necessary environmental and design work is still required for the limits of the separate utility only project. It may be necessary in these cases to have a second agreement with the utility owner to cover any other work that must be performed concurrently with the roadway contract. These latter agreements will use the roadway construction job number. Early need for utility projects is to be determined at the time when the STIP is updated each year. The utility construction funds will be shown in the year right of way funds are assigned. This will be done whenever possible to secure early adjustment of utility facilities. A request by the district is sent to the Planning Division. Estimated dollar amounts for utility adjustments are needed. These are estimates and do not need to be extremely accurate. When a special utility project is established, it is preferred, if at all possible, to include all the utility adjustments necessary for the entire roadway project. If funds are available, additional agreements can be added to this utility project until the final invoice for the first completed agreement is received for payment.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.6 Supplemental Agreements===&lt;br /&gt;
For utility owners with a UT01 agreement, a supplemental letter agreement documenting the change in the scope or cost of the work is acceptable.&lt;br /&gt;
&lt;br /&gt;
The UT05: First Supplemental Agreement is used to document changes to UT02 and UT03 agreements. If changes to the scope of work occur that are anticipated to exceed $100,000 or 15% of the original agreement, a UT05 is required. If the final invoice on an actual cost adjustment without changes in the scope of work exceeds the limits shown in the table below, a UT05 is required.&lt;br /&gt;
&lt;br /&gt;
{| class=&amp;quot;wikitable&amp;quot; style=&amp;quot;margin-left: 25px; text-align:center&amp;quot;&lt;br /&gt;
! Amount in Original Actual Agreement !! Final Bill Total Exceeds Original Amount by:&lt;br /&gt;
|-&lt;br /&gt;
| 0-$25,000 || 50%&lt;br /&gt;
|-&lt;br /&gt;
| $25,000-$100,000 || 40%&lt;br /&gt;
|-	&lt;br /&gt;
| Exceeds $100,000 || 30%&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
Should multiple UT05s be required with the same utility owner, the UT05 should be modified for additional supplemental agreements. Once the final invoice on an UT05 is submitted to Financial Services, district utilities staff should change the status on the agreement in eAgreements to “completed”.&lt;br /&gt;
&lt;br /&gt;
==643.2.13 Utility Adjustments in Roadway Plans and Job Special Provisions (JSPs)==&lt;br /&gt;
It is the responsibility of the MoDOT Transportation Project Manager (TPM) to ensure utility plans of adjustment are shown on the project plans at the Plan, Specification, and Estimate (PS&amp;amp;E) stage based upon information coordinated by the district utilities staff with the appropriate utility owner.&lt;br /&gt;
&lt;br /&gt;
===643.2.13.1 Plans===&lt;br /&gt;
A legend showing all applicable utility symbols and the names of the utility owners is shown on the first special utility sheet. In the absence of special utility sheets, this information may be shown on the title sheet or the first plan and profile sheet. The following note is required to be placed on the title sheet or the first plan and profile sheet and the first special utility sheet (if used) to inform contractors of the suitability of the utility information contained on the plans.&lt;br /&gt;
&lt;br /&gt;
&amp;quot;The existence and approximate location of utility facilities known to exist, as shown on the plans, are based on the best information available to the Commission at this time. This information is provided by the Commission &amp;quot;as-is&amp;quot; and the Commission expressly disclaims any representation or warranty as to the completeness, accuracy, or suitability of the information for any use. Reliance upon this information is done at the risk and peril of the user, and the Commission shall not be liable for any damages that may arise from any error in the information&amp;quot;.&lt;br /&gt;
&lt;br /&gt;
===643.2.13.2 Job Special Provisions===&lt;br /&gt;
Since the addition of utility information on the plans, supplied by a third party, could subject the Missouri Highway and Transportation Commission to additional liability, a Utility JSP reflecting the status of utility adjustments will be required. The JSP will include the name, address, e-mail address, and telephone number of all utility owner representatives for all utility facilities located on the project. The anticipated adjustment completion date for each utility adjustment is also to be shown based on the agreed upon dates, durations, or completion dates with the utility owner’s representative. This information will inform the bidder of the status of utilities for proper work coordination that could affect the bids for the proposed highway construction project. Status notations will include general notations such as: “N/A”, “Work is in progress”, “Work has not started”, “Work is complete”, and “Work is included in contract.”&lt;br /&gt;
&lt;br /&gt;
===643.2.13.3 PS&amp;amp;E Submittal===&lt;br /&gt;
In the District Final Plans Submittal Checklist (D-12), the TPM should note any issues related to existing utility facilities or the adjustment of utility facilities either shown or not shown on the plans. Projects with “No Utility Impacts” such as some overlays, striping, bridge washing, etc. do not need a Utility Status Letter or Utility JSP. The D-12 is used for these projects. In the D-12, under Project Details – “Utilities”, the note “NO” is selected and under “Status”, select “Clear”. For all other projects, the district utilities staff will write a Utility Status Letter. The TPM will include the Utility Status Letter with the submittal of the final plans to the Design Division. The Utility Status will be defined as:&lt;br /&gt;
# Utility facilities are present, but no conflict is anticipated with the highway construction project. Or,&lt;br /&gt;
# All utility facilities requiring adjustment to allow highway construction have been physically adjusted on the project. Or,&lt;br /&gt;
# Utility construction work is planned or active and will be completed to such a point that no impact will be expected to the highway construction project. The status of this work is defined in the utility JSP. Or,&lt;br /&gt;
# Utility facilities are not expected to be adjusted by the notice to proceed date for the road project, but the utility work will have no impact on the progress of the highway construction project. The status of this work is defined in the utility JSP. Or,&lt;br /&gt;
# Utility facilities must be adjusted after the road contractor completes stage construction or in coordination with the contractors’ work. Details of the coordination effort required of the contractor are defined in the utility JSP to properly advise bidders. Or,&lt;br /&gt;
&lt;br /&gt;
# Utility adjustment plans and specifications are included in the bid documents for the highway construction project. A UT04 agreement must be executed.&lt;br /&gt;
&lt;br /&gt;
==643.2.14 Payment to Utility Companies for Reimbursable Work==&lt;br /&gt;
Authorization and federal funding obligation must be approved prior to incurring costs. This applies to all types of work on utility facilities including preliminary engineering. An obligation is a commitment by the federal government to reimburse MoDOT for the federal share of a project’s eligible cost.&lt;br /&gt;
&lt;br /&gt;
===643.2.14.1 Obligation Process===&lt;br /&gt;
Federal funding can be used with both lump sum and actual cost agreements. After the utility agreement is fully executed, the district utilities staff will email a copy of the utility agreement or the letter agreement referencing the MRUA to the email group OBLIGATE. This email should request the authorization authority for use of federal funds and to be informed of a Notice to Proceed (NTP) (see [[#643.2.15_Notice_to_Proceed|EPG 643.2.15]]) date by Financial Services once federal funding has been obligated. District utilities staff should allow three (3) weeks to receive the NTP. Financial Services will use Advance Construction (AC) funding to fund reimbursement to utility owners. With AC funding, state funds initially are used to pay for reimbursement to utility owners. Once construction is complete, with appropriate documentation of the work via the [https://epg.modot.org/forms/general_files/DE/C-9.docx C-9] and [https://epg.modot.org/forms/general_files/DE/C-13.docx C-13], Financial Services will convert to federal funding.&lt;br /&gt;
&lt;br /&gt;
===643.2.14.2 Preliminary Engineering===&lt;br /&gt;
On occasion, preliminary engineering (PE) may need to be undertaken by the utility owner prior to the execution of a utility agreement. If a utility owner has a MRUA, an estimate of the cost of the PE work by the utility owner may be used to obligate funding for preliminary engineering under the MRUA as a PE only letter agreement. If a lump sum or actual cost agreement will be required with the utility owner for the project, district utilities staff should do two (2) agreements with one agreement covering PE only, and once a design for the adjustment is obtained, a second agreement for the construction of the adjustment should be executed. If a separate PE only agreement is obtained, NTP will need to be issued twice to the utility owner: once for PE and once for construction.&lt;br /&gt;
&lt;br /&gt;
===643.2.14.3 Right of Way===&lt;br /&gt;
Once Notice to Proceed has been given, the utility owner may begin the right of way acquisition process. If the utility owner needs to acquire right of way prior to a full agreement for relocation has been negotiated, the agreement specifically for the acquisition of right of way should be executed. This agreement will be sent to Financial Services to begin the obligation process.&lt;br /&gt;
&lt;br /&gt;
===643.2.14.4 Construction===&lt;br /&gt;
Payment to utility owners for construction of the adjustment may occur in a number of phases.&lt;br /&gt;
&lt;br /&gt;
====643.2.14.4.1 Prepayment====&lt;br /&gt;
Per the utility agreement, the Commission allows utility owners to be prepaid prior to commencing work. The district utilities staff may negotiate the prepayment if the utility owner is receptive. The utility owner will submit a request for prepayment with an invoice prior to any prepayment. Route, county, and job number must be included in the request. The district utilities staff will submit a request to Financial Services with a copy saved in MoProjects for future reference by the district staff responsible for inspection of the utility adjustment.&lt;br /&gt;
&lt;br /&gt;
====643.2.14.4.2 Progress Payments====&lt;br /&gt;
If a utility owner has not been prepaid the entire estimated amount in the utility agreement, then the utility owner may request progress payments after completing a portion of the proposed work, including PE.&lt;br /&gt;
&lt;br /&gt;
Progress payments for PE by consultants should not exceed the &amp;quot;maximum not to exceed amount&amp;quot; shown in the cost estimate unless additional costs are approved first by district utilities staff.&lt;br /&gt;
&lt;br /&gt;
For progress payments, the utility owner is required to submit only a summary of work and materials for which payment is claimed, not a detailed billing. District utilities staff should check only to be sure that sufficient work has been done to justify making the requested payment. Payment should be made for allowable costs incurred up to the date of the progress payment request.&lt;br /&gt;
&lt;br /&gt;
Progress payment invoices do not relieve the utility owner of the responsibility of submitting one complete and final invoice upon completion of the adjustment. The utility owner’s address must be shown on the invoice. The district utilities staff should submit progress payment invoices and applicable C-9s to Financial Services within one (1) week of receipt of invoice.&lt;br /&gt;
&lt;br /&gt;
One copy of the progress payment and one copy of the district utilities staff letter of recommendation must be sent to Financial Services for payment and be stored in MoProjects. The cover memo should include the project number, route, county, actual cost or lump sum utility agreement, Commission obligation percentage, total cost estimate of Commission obligation, and indicate the progress payment number, i.e., progress payment number 1, 2, 3, etc. If more than one progress payment is requested by the utility company, the district should submit progress payment bills to Financial Services in the following format:&lt;br /&gt;
{| class=&amp;quot;wikitable&amp;quot; style=&amp;quot;margin-left: 25px; text-align:center&amp;quot;&lt;br /&gt;
! Payment !! Amount&lt;br /&gt;
|-&lt;br /&gt;
| Progress Payment #1 || $50,000&lt;br /&gt;
|-&lt;br /&gt;
| Progress Payment #2 || 10,000&lt;br /&gt;
|-	&lt;br /&gt;
| Total Payment to Date || $60,000&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
This format will help clarify payment history with the utility owner. Progress payments for actual cost utility agreements may not exceed the Commission&#039;s total estimated cost shown in the agreement. However, if the request for a progress payment exceeds the original estimate, a change order with explanation should accompany the request. (See [[#643.2.16.5_Change_Orders|EPG 643.2.16.5 Change Orders]].)&lt;br /&gt;
&lt;br /&gt;
====643.2.14.4.3 Final Payment====&lt;br /&gt;
Utility owners are required to submit a detailed final invoice to MoDOT for all actual cost reimbursable utility work and for any lump sum reimbursable utility work that was not prepaid. For prepaid lump agreements, the utility owner must submit a zero-dollar ($0) invoice to demonstrate the work has been completed. After the utility work has been fully completed, the district utilities staff responsible for inspection should send the utility owner a “60 Day” [https://epg.modot.org/forms/general_files/DE/FinalInvoiceLetter.docx Final Acceptance Letter] requesting a complete final invoice within 60 days, as detailed in the utility agreement. If the final invoice is not received from the utility owner within 30 days, then a follow up letter should be sent (i.e., “30 Day” [https://epg.modot.org/forms/general_files/DE/FinalInvoiceReminderLetter.docx Reminder Final Invoice Letter]) reminding the utility owner of its obligation to submit a final invoice within 60 days of the completed work. If a final invoice from the utility owner is not received within this timeframe, then the district utilities staff should contact the Design Liaison Engineer for guidance on how to close out the work.&lt;br /&gt;
&lt;br /&gt;
The district utilities staff is expected to check the final bill within two (2) weeks after receipt in as much detail as possible against the C-9. It is their responsibility to verify from field records the quantities of labor, equipment, material used, material retired, and to justify all changes made. If the utility owner’s contractor made the adjustment at unit cost prices, then it is the district utility staff’s responsibility to verify the number of units completed and not the hours of labor and equipment. It is also important for the utility owner to show the words “final bill” or “final invoice” on the last bill, in order for MoDOT to understand that no additional charges will be made on the adjustment. The final bill must show a general description of the utility adjustment, the highway project number, the date on which work was completed or last item of billed expense was incurred, and the location where records can be audited. The order of items in the final statement should follow as closely as possible the order of items in the original estimate. A summary, on the utility owner’s letterhead, of the total cost of preliminary engineering, construction engineering, right of way, labor, overhead, construction travel expense, transportation, equipment, materials, supply, handling, and salvage credits should be shown in a way that will permit direct comparison with the approved estimate from the original or supplemental agreements (see [[#643.2.12.6_Supplemental_Agreements|EPG 643.2.12.6]]).&lt;br /&gt;
&lt;br /&gt;
If the Actual Cost final invoice shows a much higher cost than the original estimate without scope change, the utility owner is required to give reasons in a letter to the district utilities staff explaining why the invoice cost increased. When the Actual Cost final invoice exceeds the amount shown in the table in [[#643.2.12.6_Supplemental_Agreements|EPG 643.2.12.6]], a supplemental agreement is required.&lt;br /&gt;
&lt;br /&gt;
When the district utilities staff has determined that the final invoice is accurate, the C-13 should be completed. Once the C-13 is completed, the C-13 and the final invoice from the utility owner are forward to Financial Services. For Actual Cost agreements, the C-9s should also be included in this transmittal. If no additional payments are required, the district utilities staff should note this in the transmittal as well. If the final invoice indicates previous payments to a utility owner exceeded the final invoice, the utility owner will need to send MoDOT a check for the overpayment amount. The check should be made payable to Director of Revenue – Credit State Road Fund. If the utility owner did not send MoDOT an overpayment check with the final invoice, district utilities staff should send a letter to the utility owner requesting the refund amount. Submittal of the final invoice to Financial Services should not occur until repayment has been received. The submittal to Financial Services should note the receipt of the repayment check.&lt;br /&gt;
&lt;br /&gt;
==643.2.15 Notice to Proceed==&lt;br /&gt;
For PE only, once an agreement has been executed, and Financial Services has advised that authorization from FHWA has been received, district utilities staff will issue a notice to proceed (NTP) letter to the utility owner for the PE. For agreements that include PE and construction or once a final agreement for construction has been executed, right of way clearance has been issued, and Financial Services has advised that authorization from FHWA has been received, the district utilities staff will issue NTP to the utility owner for construction. See [https://epg.modot.org/forms/general_files/DE/NoticeToProceedExampleLetter.docx Example of Notice to Proceed Letter]. If salvage credit is part of the agreement with the utility owner, the NTP letter should include a statement that the utility owner will need to inform district utilities staff of the time and place that inspection may be made of the removed material. The utility owner may be held accountable for full value of materials disposed without proper notice. Utility owners may purchase materials prior to NTP for construction; however, no other work on the adjustment necessary to allow highway construction may begin prior to NTP for construction. The utility owner, for reasons of planning their workload or due to seasonal situations, may request early authorization to perform the work. This request, with the district utilities staff recommendations, is sent to the Design Liaison Engineer for further handling, approval, and advancement of the necessary funds. A copy of the NTP should be saved in MoProjects. If a utility owner begins adjustments prior to NTP for construction, district utilities staff should notify the utility owner immediately in writing that reimbursement will not be made for work done prior to NTP for construction.&lt;br /&gt;
&lt;br /&gt;
==643.2.16 Construction of Utility Adjustments==&lt;br /&gt;
===643.2.16.1 Utility Owner Self-Perform===&lt;br /&gt;
As per 23 CFR 645.115 Construction, it may be cost-effective for certain utility adjustments to be performed by a utility owner with its own internal forces and equipment, provided the utility owner is qualified to perform the work in a satisfactory manner. This cost-effectiveness finding covers minor work on the utility owner’s existing utility facilities routinely performed by the utility owner with its own forces.&lt;br /&gt;
&lt;br /&gt;
===643.2.16.2 Construction Contract Requirements===&lt;br /&gt;
When the utility owner is not adequately staffed and equipped to perform such work with its own forces and equipment at a time convenient to coordination with the associated highway construction, such work may be done one of four ways for utility adjustments:&lt;br /&gt;
# MoDOT can provide the construction services, via awarded contract to the lowest qualified bidder based on appropriate solicitation. This can be done by including the adjustment work in the roadway improvement project ([[#643.2.14_Payment_to_Utility_Companies_for_Reimbursable_Work|EPG 643.2.12.4 Utility Agreement for Utility Work Included in Roadway Improvement Project]]) or by having a utility only project ([[#643.2.12.5_Agreement_for_a_Utility_Only_Project|EPG 643.2.12.5 Utility Only Project]]).&lt;br /&gt;
# The utility owner can award a construction contract to the lowest qualified bidder based on appropriate solicitation.&lt;br /&gt;
# The utility owner can utilize an existing continuing contract, provided the costs are reasonable (see [[#643.2.9.1_Independent_Cost_Estimate|EPG 643.2.9.1 Independent Cost Estimate]]).&lt;br /&gt;
# The utility owner can contract for low-cost incidental work, such as tree trimming and the like, without competitive bidding, provided the costs are reasonable (see [[#643.2.9.1_Independent_Cost_Estimate|EPG 643.2.9.1 Independent Cost Estimate]]).&lt;br /&gt;
&lt;br /&gt;
When a utility owner chooses option 2 to award its own new construction contract, the utility owner must provide the following documents and information to the district utilities staff. These documents need to be provided as soon as the utility owner has chosen to pursue a construction contract. Document 1 must be supplied by all utility owners. Documents 2 and 3 are only required when the utility owner is a local government agency who is also a political subdivision of the state of Missouri (e.g., city-owned utilities, county-owned utilities). All other utility owners are encouraged, but not required, to provide Documents 2 and 3.&lt;br /&gt;
# A statement that the utility owner is not staffed or able to perform the required construction activities with its own forces.&lt;br /&gt;
# A copy of the request for proposal used to secure bids.&lt;br /&gt;
# A list of a minimum of 3 bidders whom they believe can do the work. &#039;&#039;&#039;Political subdivisions are required to advertise for the work&#039;&#039;&#039;.&lt;br /&gt;
# Upon review of these documents, the district utilities staff will advise the utility owner to proceed with the solicitation of bids, but the utility owner will not be permitted to award the contract without the concurrence of district utilities staff. For lump sum agreements, approval of contract work and subcontract work is not required.&lt;br /&gt;
&lt;br /&gt;
The following documents need to be provided as soon as the utility owner has determined the lowest qualified contractor and would like to award the project. Document 1 must be supplied by all utility owners. Document 2 is only required when the utility owner is a local government agency who is also a political subdivision of the state of Missouri (e.g., city-owned utilities, county-owned utilities). All other utility owners are encouraged, but not required, to provide Document 2.&lt;br /&gt;
# The name address of the lowest qualified contractor.&lt;br /&gt;
# The tabulation of bids received and other information to support their recommendation for award to the lowest qualified bidder.&lt;br /&gt;
&lt;br /&gt;
The district utilities staff will review and approve the utility owner&#039;s bid information prior to the award of the contract. The Design Liaison Engineer is available to assist the district with review of bid information if necessary. Once the district utilities staff provides concurrence, the utility owner may proceed with awarding the contract. When the utility owner is a local government agency who is also a political subdivision of the state of Missouri (e.g., city-owned utilities, county-owned utilities), a copy of the executed contract must be shared with the district utilities staff. All other utility owners are encouraged, but not required, to provide a copy of the executed contract.&lt;br /&gt;
&lt;br /&gt;
A checklist is available for reviewing contracts to ensure the contract conforms to MoDOT policy and complies with applicable federal regulations.&lt;br /&gt;
&lt;br /&gt;
When a utility owner chooses to utilize an existing continuing contract, the utility owner will submit a copy of the contract to the district utilities staff. The district utilities staff will review the contract for reasonableness of cost. If district utilities staff and the utility owner’s representative cannot agree on the reasonableness of cost, then the utility owner will be required to award a new construction contract.&lt;br /&gt;
&lt;br /&gt;
===643.2.16.3 Inspection===&lt;br /&gt;
The degree of inspection needed for utility adjustments will vary considerably with the nature and location of the work and whether the Commission is responsible for any portion of the cost of reimbursement. Judgment must be used regarding the manner and regularity of inspection duties. Some phases of the work require a very close check to ensure that the highway will not be adversely affected and to ensure satisfactory performance of work in accordance with the agreement and plans. The degree of inspection may vary from spot checking of overhead installations to continuous close observation of backfilling trenches beneath proposed pavement, embankment area, or adjacent to bridge abutments. Proper inspection can ensure that the utility adjustment is completed as efficiently as possible to minimize future impacts to the utility facility and the highway construction project. A [https://epg.modot.org/forms/general_files/DE/UtilityFieldInspectionChecklist.docx Field Inspection Checklist] to assist district utilities staff responsible for inspection is available.&lt;br /&gt;
&lt;br /&gt;
If it is found that any actual cost reimbursable utility adjustment is being performed by unapproved contractors, district utilities staff should direct the work to stop. The utility owner’s representative should be informed immediately and should be advised in writing that the costs incurred by an unapproved contractor are not eligible for reimbursement under provisions of the agreement. The district utilities staff can take appropriate steps to approve a subcontract and advise when the utility owner can recommence work.&lt;br /&gt;
&lt;br /&gt;
===643.2.16.4 Documentation===&lt;br /&gt;
All documents related to the construction of the utility adjustment necessary to allow highway construction should be stored in MoProjects.&lt;br /&gt;
&lt;br /&gt;
Construction records must be kept to confirm that work is done in accordance with the terms of the agreement and in the manner proposed in the plans. The importance of a complete and accurate record cannot be overemphasized. Detailed records are necessary to support the recommendation for payment of the final invoice. A complete, separate daily record must be kept on each actual cost adjustment and submitted for review when the final invoice is recommended for payment. This district utilities staff responsible for inspection should complete the Daily Utility Report (C-9).&lt;br /&gt;
&lt;br /&gt;
====643.2.16.4.1 Utility Reports====&lt;br /&gt;
The Daily Utility Report ([https://epg.modot.org/forms/general_files/DE/C-9.docx Form C-9]) and the Final Utility Report ([https://epg.modot.org/forms/general_files/DE/C-13.docx Form C-13]) are used for documenting utility adjustments necessary to allow highway construction. The use of C-9s and C-13s will vary with method of reimbursement. For utility adjustments necessary to allow highway construction that overlap with the highway contractor’s work, progress records should be kept as necessary to coordinate the highway and utility construction activities. Sufficient records must be maintained to check and verify the items of labor, equipment, materials, and salvaged items as submitted on the final invoice.&lt;br /&gt;
&lt;br /&gt;
=====643.2.16.4.1.1 Daily Utility Report (C-9)=====&lt;br /&gt;
C-9s are only required for actual cost agreements. The district utilities staff responsible for inspection must in all cases keep records to document inclement weather, down time, and verbal authorization for minor changes. The district utilities staff responsible for inspection must complete a C-9 documenting the number and classification of employees and number of hours worked. Records of material used and of retired materials returned to stock or scrapped must be kept. The utility owner’s major items of equipment must also be recorded. When work is done by the contract method based on unit prices, the district utilities staff responsible for inspection should ascertain that units of work as provided in the bid proposal are measured and recorded to form a basis for checking the final invoice. C-9s should list the location and the number of units of work accomplished for that period. If contract labor or equipment is used by a utility owner on the basis of a bid per hour, per day, etc., it will be necessary to keep records on this labor or equipment time in the same manner as if the utility owner were performing the work with its own internal forces. District utilities staff responsible for inspection should also note all contractors working for the utility owner and the contractor approval authorization dates given in the agreement.&lt;br /&gt;
&lt;br /&gt;
=====643.2.16.4.1.2 Final Utility Report (C-13)=====&lt;br /&gt;
C-13s summarize that the utility adjustment work that was done in accordance with the agreement and plans, the percentage of total cost that is the responsibility of the Commission, and any progress payments that have been made. A C-13 is required for both actual cost and lump sum agreements. The requested numbers shown on line 9 (Commission Estimated Cost) and line 10 (Amount of Final Bill) in the report are the Commission’s total responsibility.&lt;br /&gt;
&lt;br /&gt;
====643.2.16.4.2 Breakdown and Emergency====&lt;br /&gt;
When breakdown and emergency situations occur, prior approval by MoDOT is not required for contract or equipment rental work unless the cost or period of time will be extensive. The utility owner should furnish a letter as soon as possible to explain the situation and set out the estimated costs involved. The district utilities staff’s records should substantiate the need and the changes for personnel and equipment.&lt;br /&gt;
&lt;br /&gt;
====643.2.16.4.3 Stop Work====&lt;br /&gt;
If at any point, a stop work order is given by MoDOT to a utility owner, written documentation of the stop work order should be saved in MoProjects.&lt;br /&gt;
&lt;br /&gt;
===643.2.16.5 Change Orders===&lt;br /&gt;
Any change in the plan of adjustment should be documented in writing to the utility owner as a change order. If the change order is anticipated to exceed $100,000 or 15% of the original agreement amount, district utilities staff should negotiate a supplemental agreement with the utility owner’s representative. Once a supplemental agreement is in place, district utilities staff should contact Financial Services to obtain an adjustment of the obligation mid-project. Change orders without supplemental agreements will be settled once the project is complete.&lt;br /&gt;
&lt;br /&gt;
====643.2.16.5.1 Actual Cost Agreement====&lt;br /&gt;
Slight modifications in quantities or the addition of minor items not included with the original agreement do not require a supplemental agreement. However, such changes should be documented in writing with the utility owner. A supplemental agreement is needed if costs exceed the above threshold or if there is a change in the percentage of cost that is the Commission’s responsibility on an agreement with shared responsibility for costs. Intermediate partial payments cannot be made on items in a supplemental agreement until the supplemental agreement is approved.&lt;br /&gt;
&lt;br /&gt;
====643.2.16.5.2 Lump Sum Agreement====&lt;br /&gt;
A supplemental agreement to a Lump Sum Agreement is only required for significant changes in the scope of work of the utility adjustment necessary to allow highway construction. Normal overruns are not considered as changes in approved work and will not be reimbursed. Significant changes in the scope of work on utility adjustments necessary to allow highway construction cannot be done until the supplemental agreement is approved, and the adjustment in obligation of funds is complete.&lt;br /&gt;
&lt;br /&gt;
==643.2.17 Utilities during Highway Construction==&lt;br /&gt;
The contractor is responsible for having utilities located by contacting Missouri One-Call (811) prior to any excavation on the project. A reminder of this responsibility should be made at the preconstruction meeting.&lt;br /&gt;
&lt;br /&gt;
===643.2.17.1 Preconstruction Meeting (Pre-Con)===&lt;br /&gt;
District utilities staff should be invited to all pre-cons.&lt;br /&gt;
&lt;br /&gt;
Pre-cons fall into three categories relating to utilities:&lt;br /&gt;
# No utility adjustments are anticipated within the project limits,&lt;br /&gt;
# All utility adjustments completed prior to the pre-con, and&lt;br /&gt;
# All utility adjustments not completed prior to the pre-con.&lt;br /&gt;
&lt;br /&gt;
====643.2.17.1.1 No Utility Adjustments Anticipated within the Project Limits====&lt;br /&gt;
For projects without a Utility Job Special Provision (JSP), no involvement of the utility owners is required at the pre-con. For projects with a Utility JSP, the Resident Engineer (RE) should invite all utility owner representatives listed in the JSP with known required adjustment to the pre-con. The RE should review potential impacts of the highway construction project with the contractor and the utility owner.&lt;br /&gt;
&lt;br /&gt;
====643.2.17.1.2 All Utility Adjustments Completed Prior to the Pre-Con====&lt;br /&gt;
The RE should invite all utility owner representatives listed in the JSP with known required adjustment to the pre-con. The RE should review potential impacts of the highway construction project with the contractor and the utility owner. A general discussion should highlight the previous adjustments made by the utility owner and what abandoned utility facilities the contractor may encounter.&lt;br /&gt;
&lt;br /&gt;
====643.2.17.1.3 All Utility Adjustments Not Completed Prior to the Pre-Con====&lt;br /&gt;
It is important for the RE and inspector to understand the utility owner’s work schedule and how it relates to the contractor’s work schedule. During the pre-con, the schedule of the utility owner and highway construction contractor should be discussed, and conflicts should be addressed to allow utility adjustments and highway construction to progress as near to the proposed schedule as possible. On large-scale projects that have many utility issues to address that could impact the work of the highway construction contractor, it may be necessary to have a separate pre-con with utility owner representatives.&lt;br /&gt;
&lt;br /&gt;
===643.2.17.2 Coordination Meetings===&lt;br /&gt;
When the utility work will not be completed soon after the preconstruction meeting, the RE should meet with district utilities staff, the highway construction contractor, and the utility owner representatives on a regular basis to discuss utility coordination issues, so expectations from all parties are known and conveyed clearly. The utility owner may need some work performed by MoDOT or the highway construction contractor prior to completing their adjustments. (Examples include: survey staking of right of way or proposed facilities, trees cleared, grading performed, or new structures built).&lt;br /&gt;
&lt;br /&gt;
==643.2.18 Service Drops==&lt;br /&gt;
Power and communication services provided by utility owners are necessary for the operation of the highway system. These services may include power to traffic signals, lighting, or ITS devices; power for cathodic protection; or telecommunication services to signal controllers or ITS devices. The project design teams should work with district utilities staff to identify proper locations for the applicable utility owners to provide these services. Various utility owners have different requirements for this process. The district utilities staff is encouraged to develop a workable relationship with the utility owners who provide these services to MoDOT. The costs of installing the services charged by the utility owner are considered a non-contractual item and should be accounted for in the project’s budget in the STIP. The proposed location and method for the service drops should be shown on the roadway plans. District utilities staff should meet with the utility owner’s representative to ensure the proposed location can be accommodated by the utility owner. For electrical service connections, the power supply assembly is ideally located a maximum of ten feet (10’) from the source location. Plans submitted for PS&amp;amp;E should reflect the agreed upon location for all service connections. During construction, district utilities staff and district construction staff should work together to ensure the placement of the services is consistent with the project plans. Payment for the service drops should be invoiced by the utility owner to the district. District utilities staff is responsible for submission of the invoice directly to Financial Services for payment noting the non-contractual charges for the project.&lt;br /&gt;
&lt;br /&gt;
==643.2.19 Buy America Build America for Utilities==&lt;br /&gt;
FHWA’s Buy America Build America (BABA) policies require a domestic manufacturing process for all steel or iron products, other construction materials, and manufactured products that are permanently incorporated into Federal-Aid Highway construction projects, including products and materials used for adjustments to utility facilities to allow highway construction. These guidelines are for all federally reimbursable transportation projects where FHWA is the lead federal agency; it does not take precedence over projects where Federal Transit Administration or the Federal Railroad Administration is deemed the be the lead federal agency.&lt;br /&gt;
&lt;br /&gt;
===643.2.19.1 Program Requirements for Utilities===&lt;br /&gt;
All MoDOT projects are federal-aid projects, and therefore, all reimbursable utility adjustments are required to follow the provisions of BABA. More information on MoDOT’s BABA policy and procedures can be found in [[106.9_Buy_America_Requirement|EPG 106.9 Buy America Requirement]]. Specifically, utility owners should be aware of the following procedures for determining applicability of the EPG 106.9 requirements to reimbursable utility adjustments necessary to allow highway construction:&lt;br /&gt;
* BABA does not apply when materials are relocated from one location to another within the project limits.&lt;br /&gt;
* BABA does not apply for materials necessary for temporary utility adjustments assuming materials are removed from the right of way upon completion of the utility adjustment to allow highway construction.&lt;br /&gt;
* Non-reimbursable work must be kept separate from reimbursable work (agreements, permits, etc.) in order to not be subject to BABA.&lt;br /&gt;
&lt;br /&gt;
===643.2.19.2 Certification Requirements for Utilities===&lt;br /&gt;
Utility owners have the option of choosing either to self-certify BABA compliance or provide vendor/manufacturer certification to MoDOT. The method of certification is chosen by the utility owner and is documented in either the MRUA or the project specific agreement. Regardless of agreement type or certification method, the utility owner must be compliant with BABA requirements.&lt;br /&gt;
&lt;br /&gt;
====643.2.19.2.1 BABA Utility Owner Self-Certification====&lt;br /&gt;
If a utility owner chooses to self-certify BABA compliance, the utility owner is not required to provide MoDOT copies of the supplier certification as part of the project documentation or with the final invoice for any reimbursable utility adjustment necessary to allow highway construction. Retention of all documents should be as described in the agreement.&lt;br /&gt;
&lt;br /&gt;
====643.2.19.2.2 BABA Vendor/Manufacturer Certification====&lt;br /&gt;
If a utility owner chooses to use vendor/manufacturer certification, the utility owner will supply MoDOT BABA compliance from all vendors and/or manufacturers. Certification from vendors will be signed by an authorized representative of the vendor on company letterhead or other acceptable documentation and will declare that all supplied materials subject to BABA requirements are fully compliant. Certification from iron or steel manufacturers must be in the form of a mill test report (MTF) issued and signed by the initial fabricator stating the materials subject to BABA were melted and manufactured in the United States. Other written statements on company letter or other acceptable documentation signed by an authorized representative of the manufacturer for any additional treatment to the fabricated material (such as blasting, galvanizing, painting, or coating) will state that all treatment processes occurred in the United States according to FWA guidelines. Retention of all documents should be as described in the agreement. Manufacturer certification for manufactured products or construction materials will state that all materials were sourced from the United States and were fabricated in the United States. Retention of all documents should be as described in the agreement.&lt;br /&gt;
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&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643.3 Reserved for Future Use &#039;&#039;PAGE TITLE&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;&lt;br /&gt;
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&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643.4 Railroads (NO CHANGE) &#039;&#039;PAGE TITLE&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;&lt;br /&gt;
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==236.5.12 Excess Land Conveyances &amp;amp; Relinquishments - Utilities==&lt;br /&gt;
All conveyances and relinquishments of Commission-owned property shall be evaluated for the existence of any utility facilities located within the areas to be conveyed or relinquished. A conveyance or relinquishment of Commission-owned property may have implications to the utility facilities, and the utility owners, when the Commission no longer controls the property. It is important to maintain the continuity of utility facilities for the general public; therefore, to identify and minimize potential impacts, MoDOT shall involve utility owners in the conveyance and relinquishment processes.&lt;br /&gt;
&lt;br /&gt;
===236.5.12.1 Excess Land Conveyances Utilities===&lt;br /&gt;
MoDOT shall only recommend that a property be declared excess upon satisfactorily addressing the utility impacts. Whether MoDOT or an external party initiates the conveyance of excess property, utility impacts shall be adequately addressed by using one of the following methods: &lt;br /&gt;
:1. Each utility facility will be relocated by permit into a new utility corridor retained by the Commission.&lt;br /&gt;
:2. Each utility facility will remain in place with the benefit of a non-exclusive permanent utility easement.&lt;br /&gt;
::&#039;&#039;If the Commission holds fee simple title to the property, the Commission shall convey a non-exclusive permanent utility easement to each utility owner&#039;&#039;.&lt;br /&gt;
::&#039;&#039;If the Commission holds a less than fee simple title interest in the property, MoDOT shall facilitate the conveyance of a non-exclusive permanent utility easement from the party acquiring the property to each utility owner&#039;&#039;.&lt;br /&gt;
:3. Each utility facility will be relocated to another portion of the property being conveyed.&lt;br /&gt;
::&#039;&#039;If the Commission holds fee simple title to the property, the Commission shall convey a non-exclusive permanent utility easement to each utility owner&#039;&#039;. &lt;br /&gt;
::&#039;&#039;If the Commission holds a less than fee simple title interest in the property, MoDOT shall facilitate the conveyance of a non-exclusive permanent utility easement from the party acquiring the property to each utility owner&#039;&#039;.&lt;br /&gt;
:4. Each utility facility will be relocated onto a portion of the property already owned by the party acquiring the Commission-owned property, with the benefit of a non-exclusive permanent easement. (MoDOT shall facilitate the conveyance of a non-exclusive permanent utility easement from the party acquiring the property to each utility owner.)&lt;br /&gt;
:5. A three-party negotiated settlement taking into consideration the overall value of the proposed transaction.&lt;br /&gt;
:6. Additional options to address utility impacts may be utilized with approval from the Asst. to the State Design Engineer - Right of Way.&lt;br /&gt;
&lt;br /&gt;
===236.5.12.2 Road Relinquishment Utilities===&lt;br /&gt;
MoDOT shall only recommend the relinquishment of roadways through the [[236.14 Change in Route Status Report|Change in Route Status Report]] upon satisfactorily addressing the impacts to utility facilities. If the roadway will be relinquished to a local public transportation authority, with the intent that it continues to be used as a public roadway, a clause similar to the following shall be included in the deed from the Commission to the local public transportation authority:&lt;br /&gt;
:&#039;&#039;&amp;quot;Grantee, by acceptance of this conveyance, covenants and agrees for itself, its successors and assigns, to allow known or unknown utility facilities currently located on the property, whether of record or not, to remain on the property, and to grant the current and subsequent owners of those facilities the right to maintain, construct and reconstruct the facilities and their appurtenances over, under, and across the land herein conveyed, along with the right of ingress and egress across the land herein conveyed to and from those utilities.&amp;quot;&#039;&#039; &lt;br /&gt;
&lt;br /&gt;
Proposed roadway relinquishments to private entities shall be reviewed in a manner consistent with the conveyance of excess property described in [[236.5 Property Management#236.5.3 Asset Management Committee|EPG 236.5.3 Asset Management Committee]].&lt;/div&gt;</summary>
		<author><name>Hoskir</name></author>
	</entry>
	<entry>
		<id>https://epg.modot.org/index.php?title=User:Hoskir/Revision_Request_4225&amp;diff=58880</id>
		<title>User:Hoskir/Revision Request 4225</title>
		<link rel="alternate" type="text/html" href="https://epg.modot.org/index.php?title=User:Hoskir/Revision_Request_4225&amp;diff=58880"/>
		<updated>2026-06-22T18:24:24Z</updated>

		<summary type="html">&lt;p&gt;Hoskir: /* 643.2.9.2.1 Actual Cost Estimate */&lt;/p&gt;
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&lt;div&gt;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643 Utility Procedures  &#039;&#039;CATEGORY&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt; &lt;br /&gt;
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| ● [https://www.ecfr.gov/current/title-23/chapter-I/subchapter-G/part-64523 CFR 645]&lt;br /&gt;
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| ● [https://www.sos.mo.gov/cmsimages/adrules/csr/current/7csr/7c10-3.pdf7 CSR 10-30]&lt;br /&gt;
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&#039;&#039;&#039;Utility Accommodation Policy:&#039;&#039;&#039; State DOTs are required to develop policies and procedures pertaining to the use, accommodation, and/or relocation of public and private utility facilities on highway rights-of way using Federal-aid highway funds. State DOTs are required to develop, maintain, and obtain FHWA approval of their Utility Accommodation Policy (UAP) (23 CFR section 645.215). This EPG article 643 and subarticles 643.1 through 643.3 are Missouri Department of Transportation (MoDOT)’s Utility Accommodation Policy. Text in EPG 643 consolidates various federal and state statutes and rules into a single, cohesive, workable policy to outline processes for MoDOT staff and utility owners.&lt;br /&gt;
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&#039;&#039;&#039;Delegation of Work:&#039;&#039;&#039; Each MoDOT district is responsible for ensuring implementation of the UAP outlined in the subsequent EPG articles. Each district can create its own organization for whom is responsible for the work including between divisions and job titles. Work responsibilities within this article and subarticles are generic where possible. If a specific title is included, that title has sole responsibility for that item of work.&lt;br /&gt;
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[[media:144 Major Highway System 2022.pdf|major routes]]&lt;br /&gt;
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&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643.1 Utility Location  &#039;&#039;PAGE TITLE&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt; &lt;br /&gt;
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The information in this article provides a uniform system for regulating the location, construction, maintenance, removal, and relocation of utility facilities on the right of way of roadways located on the state highway system. It also provides for the facilitation of construction and maintenance of these roadways. Any location or relocation of utility facilities contrary to this information is an interference with the construction, maintenance, or operation of a state highway and its right of way and is prohibited.&lt;br /&gt;
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==643.1.1 Permits==&lt;br /&gt;
All utility owners are required to obtain a permit to work on Missouri Highway and Transportation Commission (Commission) right of way. A permit is required for original installation of the utility facility, on-going maintenance of the utility facility, or adjustments to a utility facility necessary to allow highway construction. Per [[127.29_Stormwater#127.29.4.3_MCM_3:_Illicit_Discharge_Detection_and_Elimination_(IDDE)_Program|EPG 127.29.4.3]], discharges of anything other than stormwater are not permitted. A deposit or bond is required to ensure completion of the work in accordance with the permit issued. An [https://www.modot.org/permits application for a permit] may be made on established forms specifically stating the nature of the work to be performed. Applications for permits may be obtained at any of the [https://www.modot.mo.gov/ seven (7) district highway offices] of the Commission, [https://www.modot.mo.gov/ MoDOT&#039;s website], or by requesting it from the office of the Missouri Highways and Transportation Commission in Jefferson City, Missouri. The application for a permit will specifically state the nature of the work to be performed, what specific type of utility facility is to be installed, and, if necessary, the timeframe of any temporary use. Piping of any type of sewage or waste will only be allowed providing any permitting by a regulatory agency, such as Missouri Department of Natural Resources, can be provided. Prior to obtaining a permit through MoDOT’s permit system, a utility owner will be required to provide a bond to ensure satisfactory work and complete a TR50 Electronic Signature Agreement with the Commission. The name of the utility owner must match on the bond, TR50, and in the permit system. More information on permitting can be found in [[:Category:941_Permits_and_Access_Requests|EPG 941]].&lt;br /&gt;
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===643.1.1.1 Emergency Work===&lt;br /&gt;
When emergency operations work is necessary, the damaged utility facility may be accessed immediately and without a permit by leaving the pavement at such points as may be necessary to effect emergency repairs, provided immediate notice is given to the Missouri State Highway Patrol and the district utilities staff for the district wherein the work will be performed, and a permit for emergency operations is requested immediately upon discovery of the need for emergency operations. A permit for emergency operations work is to be obtained as soon as practical, but in no event later than two (2) working days after the emergency operations work has commenced. Emergency operations include, but are not limited to, unplanned work in response to utility facilities being so damaged as to constitute an emergency situation directly affecting or endangering traffic on the highway or public health or safety.&lt;br /&gt;
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===643.1.1.2 Third-Party Inspection===&lt;br /&gt;
When a utility owner has a large number of projects in a given area or projects involving great complexity, MoDOT reserves the right to limit the number of permits open at any given time. With approval of the district utilities staff, a utility owner may hire a third-party inspector, at their cost. The third-party inspector will allow the utility owner to increase the number of permits open at any given time. The responsibility of the third-party inspector will be to ensure the installation of the utility facility proceeds in a manner consistent with the plans approved in the permit, including all work zone requirements and conformity with MoDOT’s Standards and Specifications. The MoDOT approved third-party inspector will be listed in the permit. MoDOT may audit third-party inspections and revoke the right to use third-party inspections should the inspectors fail to perform their duties.&lt;br /&gt;
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===643.1.1.3 Abandoned Utility Facilities===&lt;br /&gt;
All utility facilities installed in Commission right of way are the property of the utility owner whether the utility facility is active or inactive. MoDOT may allow a utility facility to remain on Commission right of way whether the utility facility was abandoned for a MoDOT project or at the utility owner’s discretion. MoDOT may place requirements (such as removing inactive fiber optic cables, grouting pipes, removing valves) on the utility owner as part of the process of abandoning a utility facility. Liability for damage to Commission right of way due to an abandoned facility remains the responsibility of the utility owner. In the event MoDOT requires the removal of the abandoned utility facility, responsibility for the cost of the removal will be determined per [[643.2_Local_Utility_Adjustments_-_Public_and_Private#643.2.8_Preliminary_Engineering_(PE)_Requirements|EPG 643.2.8]].&lt;br /&gt;
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==643.1.2 Definitions==&lt;br /&gt;
&#039;&#039;&#039;Bridge Attachment:&#039;&#039;&#039; A bridge attachment is any utility facility, including communication lines and electrical lines, or any other utility facility of a similar nature that is fastened to a bridge for the purpose of spanning an obstacle.&lt;br /&gt;
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&#039;&#039;&#039;Clear zone:&#039;&#039;&#039; The total roadside border area starting at the edge of the traveled way, available for safe use by errant vehicles. This area may consist of a shoulder, a recoverable slope, a non-recoverable slope, and/or the area at the toe of a non-recoverable slope available for safe use by an errant vehicle. Clear zone dimensions are provided in the current edition of American Association of State Highway Transportation Officials Roadside Design Guide.&lt;br /&gt;
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&#039;&#039;&#039;Ditch Line:&#039;&#039;&#039; A line where the roadway ditch meets the back slope. It is located at the lowest point of a V-bottom ditch or furthest point from the roadway of a flat bottom ditch where the roadway slopes back to the existing ground line.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Duct:&#039;&#039;&#039; An enclosed tubular casing, or raceway, for protecting wires, lines, or cables that is often flexible or semi-rigid (1-3% diametric deflection). The casing, or raceway, is separate from the cable or conductor that passes through it.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Encasement:&#039;&#039;&#039; The term encasement means the placing of an installation around and outside of an underground facility consisting of a larger conduit that permits the removal and replacement of the facility. An alternate to the conduit type encasement is reinforced concrete poured around the utility facility. Utility owners are allowed to use any types of material as a carrier and encasement for its facilities as expressly provided for in the permit issued for the installation of the utility facility.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Freeway:&#039;&#039;&#039; A divided arterial highway with full control of access.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Highway:&#039;&#039;&#039; Any public way for vehicular travel, including the entire area within the right of way and related facilities constructed or improved and maintained by the Missouri Highways and Transportation Commission (MHTC) acting through the Missouri Department of Transportation (MoDOT).&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Interchange Limits:&#039;&#039;&#039; For the uniform handling of utility installations only, the limits of an interchange are the outside ramp curve points. See [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_1_TypicalInterchangeLimits_AOD.pdf EPG Figure 643.1.1] for an example.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Interstate System or Other Freeways/Expressways:&#039;&#039;&#039; Interstate highways and highways with fully controlled access.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Major Routes (Interstates, Freeways/Expressways and Principal Arterials):&#039;&#039;&#039; The major highway system is all routes functionally classified as principal arterials. The principal arterial system provides for statewide or interstate movement of traffic. The major roads in Missouri total approximately 5,500 centerline miles.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Minor Routes:&#039;&#039;&#039; The minor highway system is all routes functionally classified as minor arterials or collectors. These routes mainly serve local transportation needs. The minor roads in Missouri total approximately 28,400 centerline miles.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Normal Right of Way Line:&#039;&#039;&#039; An imaginary line that connects sudden breaks in the major right of way points for roadways. Sight distance right of way points (triangles) at roadway intersections are not to be considered as sudden breaks for determining normal right of way.&lt;br /&gt;
[[File:fig_643.1.2-06_2026.jpg|none|700px|thumb|Figure 643.1.2 Normal Right of Way Line.]]&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Private Lines:&#039;&#039;&#039; Privately owned utility facilities which convey or transmit the commodities outlined in the definition of utility facility of this section but devoted exclusively to private use.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Scenic Enhancement Areas:&#039;&#039;&#039; Scenic enhancement areas include areas acquired or so designated as scenic strips, overlooks, rest areas, recreation areas, and the right of way of adjacent roadways and the right of way of roadways that pass through public parks and historic sites as described under 23 USC 138.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Utility Corridor:&#039;&#039;&#039; An area established for the placement of utility facilities parallel to the normal right of way line.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Utility Facility:&#039;&#039;&#039; Privately, publicly, or cooperatively owned line, facility, or system for producing, transmitting, or distributing communications, cable television, power, electricity, light, heat, gas, oil, crude products, water, steam, waste, storm water not connected with highway drainage or any other similar commodity, including any fire or police signal system or street lighting system which directly or indirectly serves the public and does not include privately owned facilities devoted exclusively to private use. The term &amp;quot;utility facility&amp;quot; includes those facilities used solely by the utility owner that are a part of its operating plant.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Utility Owner:&#039;&#039;&#039; The utility owner is the utility company, inclusive of any wholly owned or controlled subsidiary, or city or county which owns utility facilities. The term also includes those government agencies that lease a utility facility for its own use or otherwise dedicated solely to governmental use.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Variance:&#039;&#039;&#039; A one- (1-) time deviation from the requirements for location or relocation of utility facilities on the right of way of highways in the state highway system as established in [https://www.sos.mo.gov/cmsimages/adrules/csr/current/7csr/7c10-3.pdf Title 7 Code of State Regulations 10-3], requested by the utility, and approved by a MoDOT District Design Engineer.&lt;br /&gt;
&lt;br /&gt;
==643.1.3 Location of Utility Facilities==&lt;br /&gt;
Utility facilities paralleling the roadway should be installed in the utility corridor except as outlined below. The utility corridor is the space for all utility owners generally within six feet (6’) of the normal right of way line. When considering if the current utility corridor is available to expand from six feet (6’) to as much as twelve feet (12’), MoDOT determines if the expansion is warranted. In making the determination, MoDOT will consider the existing utilization of the original six feet (6’) corridor. Poles must remain within two feet (2’) of the normal right of way line unless approved by a variance. The utility corridor will only be expanded beyond six feet (6’) if the original six feet (6’) corridor is fully utilized and additional space would be required to accommodate additional utility facilities. Acquisition of additional right of way to establish a twelve feet (12’) corridor is not required on highway construction projects. For depths for underground utility facilities, see [[#643.1.4.1_Minimum_Cover_for_Underground_Facilities|EPG 643.1.4.1]].&lt;br /&gt;
&lt;br /&gt;
Utility facilities crossing the roadway should be installed as close to ninety degrees (90°) to the centerline of the roadway as possible and based on the guidelines below depending on the type of roadway. See [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_3_TypicalUtilityCorridor-InterchangeatMajorRoute_AOD.pdf EPG Figure 643.1.3] and [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_4_TypicalUtilityCorridor-InterchangeatMinorRoute_AOD.pdf EPG Figure 643.1.4] for typical utility corridors around interchanges.&lt;br /&gt;
&lt;br /&gt;
===643.1.3.1 Interstate System or Other Major Freeways/Expressways===&lt;br /&gt;
The installation of all utility facilities on highways of the Interstate System or other major freeways/expressways with fully controlled access are to be installed, serviced, and maintained without entering or leaving the roadway and ramps except at points approved by MoDOT for that purpose and without parking any equipment or storing materials upon the medians, roadway and ramps, or shoulders of the roadways. Cutting or damaging the pavement or paved shoulders is not permitted. New service connections to existing parallel utility facilities are to be permitted only where an outer roadway exists and then only where access is permitted by the Commission. Careful consideration will be given to the location of guys, anchors, braces, and other supports. Generally, good design practice will provide that appurtenances be located at right of way jogs, along intersecting road right of way, or at other similar acceptable locations, so that encroachment is held to an absolute minimum.&lt;br /&gt;
&lt;br /&gt;
No utility facilities will be permitted within the interchange limits of an interchange between fully limited access highways where planned or existing. Utility facilities within the interchange limits of an interchange with a non-access controlled highway will be permitted only along the minor road, provided that all construction, service, and maintenance can be performed from the minor road. Manholes and poles must be located beyond the ramp termini.&lt;br /&gt;
&lt;br /&gt;
For structures carrying or over interstates or other major freeways/expressways, see [[#643.1.5_Bridge_Attachment_Policy|EPG 643.1.5]].&lt;br /&gt;
&lt;br /&gt;
====643.1.3.1.1 Utility Facilities Crossing the Interstate or Other Major Freeways/Expressways====&lt;br /&gt;
=====643.1.3.1.1.1 Overhead Crossings of the Interstate or Other Major Freeways/Expressways=====&lt;br /&gt;
Overhead crossings of utility facilities are permitted only for power transmission and distribution lines and for multiple circuit communication lines where an underground installation is not economically feasible. Supports for existing utility facilities crossing overhead may remain on the right of way provided they are near the right of way line regardless of the presence of an outer road. Supports for new overhead utility facilities crossing overhead may be located on the right of way near the right of way line where an outer roadway exists and are to be located off the right of way where no outer roadway exists. Overhead service crossings are only permitted in isolated cases for residential or commercial establishments when the denial of the crossing would require construction of more than 1,200 feet (1,200’) of utility line to provide the service. Main or distribution line crossings are required to serve a general area other than isolated cases.&lt;br /&gt;
&lt;br /&gt;
=====643.1.3.1.1.2 Underground Crossings of the Interstate or Other Major Freeways/Expressways=====&lt;br /&gt;
Underground crossings of utility facilities are to be continuously encased under the pavement, medians, ramps, and shoulders with the casing extending to the toe of the fill slopes or to the ditch line. In curbed sections, encasement should extend outside the outer curb of the roadways a distance equal to the depth of the encasement at the curb line. Where installed by open trench through unpaved areas, detector tape should be placed approximately one foot (1&#039;) above the encasement. Where an interstate or other major freeway has a parallel outer roadway, encasement should be continuous under all roadways within the right of way.&lt;br /&gt;
&lt;br /&gt;
Manholes or vent pipes are to be located at the right of way line or adjacent to the outer roadway.&lt;br /&gt;
&lt;br /&gt;
For fiber optic cable, encasement should extend from within six feet (6&#039;) of one right of way line to within six feet (6&#039;) of the other right of way line.&lt;br /&gt;
&lt;br /&gt;
Exceptions may be made for encasement as listed in [[#643.1.4.2_Exceptions_to_Encasement|EPG 643.1.4.2]].&lt;br /&gt;
&lt;br /&gt;
=====643.1.3.1.1.3 Parallel Installations along the Interstate or Other Major Freeways/Expressways=====&lt;br /&gt;
New parallel installations on the right of way may be permitted only where an outer roadway exists, provided that poles are within two feet (2&#039;) of the normal right of way line and underground utility facilities are within the utility corridor, and provided that the utility facility can be installed and maintained between the outer roadway and the right of way line. Existing overhead or underground utility facilities that parallel an existing roadway which will be incorporated into a completed highway as an outer roadway may remain in place if all maintenance and service can be performed from an outer roadway and the existing location does not interfere with construction, maintenance, or operation of the completed highway. If an existing parallel utility facility needs to be relocated so as to not interfere with the construction, maintenance, or operation of the completed interstate or other major freeway, poles may be located withing five feet (5’) of the right of way line.&lt;br /&gt;
&lt;br /&gt;
Underground utility facilities are expected to be buried within the utility corridor of sight distance triangles (SDTs) at roadway intersections unless granted a variance. Overhead utility facilities may be allowed to span intersecting roadways with SDTs provided the poles, or supports, are located outside the SDT.&lt;br /&gt;
&lt;br /&gt;
=====643.1.3.1.1.4 Sanitary Sewers within the Right of Way of Interstates or Other Major Freeways/Expressways=====&lt;br /&gt;
New installations of sanitary sewers should follow the applicable guidelines for either underground crossings or parallel installations as appropriate. Existing gravity trunk sanitary sewers should be considered individually and removed or left in place contingent upon its age, condition, feasibility of moving, and maintenance access. Encasement of existing trunk sewers left in place may be required for questionable condition, protection during construction, or heavy fills.&lt;br /&gt;
&lt;br /&gt;
Manholes should be relocated to the right of way lines or adjacent to an outer roadway.&lt;br /&gt;
&lt;br /&gt;
===643.1.3.2 Major Routes===&lt;br /&gt;
For structures carrying or over major routes, see [[#643.1.5_Bridge_Attachment_Policy|EPG 643.1.5]].&lt;br /&gt;
&lt;br /&gt;
====643.1.3.2.1 Major Routes with Partially Controlled Access Right of Way====&lt;br /&gt;
The installation of all utility facilities on highways with partially controlled access right of way are to be installed, serviced, and maintained without entering or leaving the roadway and ramps except at points approved by MoDOT for that purpose and without parking any equipment or storing materials upon the medians, roadway and ramps, or shoulders of the roadways. Cutting or damaging the pavement or paved shoulders is not permitted. Equipment or materials stored within the right of way must be protected by longitudinal barrier or be located outside the clear zone. New service connections to existing parallel utility facilities are to be permitted only where granted by the Commission.&lt;br /&gt;
&lt;br /&gt;
No utility facilities will be permitted within the interchange limits of an interchange between fully limited access highways where planned or existing. Utility facilities within the interchange limits of an interchange with a non-access controlled highway will be permitted only along the minor road, provided that all construction, service, and maintenance can be performed from the minor road. Manholes and poles must be located beyond the ramp termini.&lt;br /&gt;
&lt;br /&gt;
====643.1.3.2.2 Major Routes with Normal Access Right of Way====&lt;br /&gt;
All new utility facilities will be installed and maintained without cutting or damaging the pavement or paved shoulders except in the event underlying rock formations or other obstructions are encountered that prevent boring or pushing operations. A variance may be granted for pavement cuts when the need is established. Pavement cuts may only be made by permits issued when it is impractical to otherwise service and maintain the facility. The installation of all utility facilities is to be installed without parking any equipment or storing materials upon the medians, roadway and ramps, or shoulders of the roadways. Equipment or materials stored within the right of way must be protected by longitudinal barrier or be located outside the clear zone.&lt;br /&gt;
&lt;br /&gt;
====643.1.3.2.3 Utility Facilities Crossing Major Routes====&lt;br /&gt;
=====643.1.3.2.3.1 Overhead Crossings of Major Routes=====&lt;br /&gt;
Supports for utility facilities crossing overhead should be located as near the right of way line as possible. For major routes with controlled access right of way, new overhead service crossings may be permitted in isolated cases for residential or commercial establishments where the denial of such crossings would require the construction of more than 1,200 feet (1,200’) of utility line to provide the same service. For major routes with normal access right of way, there is no restriction on the placement of service crossings.&lt;br /&gt;
&lt;br /&gt;
=====643.1.3.2.3.2 Underground Crossings of Major Routes=====&lt;br /&gt;
Underground crossings of utility facilities are to be continuously encased under the pavement, medians, ramps, and shoulders with the casing extending to the toe of the fill slopes or to the ditch line. In curbed sections, encasement should extend outside the outer curb of the roadways a distance equal to the depth of the encasement at the curb line. Where installed by open trench through unpaved areas, detector tape should be placed approximately one foot (1&#039;) above the encasement. Where a major route has a parallel outer roadway, encasement should be continuous under all roadways within the right of way.&lt;br /&gt;
&lt;br /&gt;
Manholes or vent pipes are to be located at the right of way line or adjacent to the outer roadway.&lt;br /&gt;
&lt;br /&gt;
For fiber optic cable, encasement should extend from within six feet (6&#039;) of one right of way line to within six feet (6&#039;) of the other right of way line.&lt;br /&gt;
&lt;br /&gt;
Exceptions may be made for encasement as listed in [[#643.1.4.2_Exceptions_to_Encasement|EPG 643.1.4.2]].&lt;br /&gt;
&lt;br /&gt;
====643.1.3.2.4 Parallel Installations along Major Routes====&lt;br /&gt;
New parallel installations on the right of way may be permitted provided that poles are within two feet (2&#039;) of the normal right of way line and underground utility facilities are within the utility corridor. Existing overhead or underground utility facilities that parallel an existing roadway which will be incorporated into a completed highway may remain in place if all maintenance and service can be performed without entering or leaving the roadway except at approved access points; without parking equipment or storing materials on the median, pavement, ramps, or shoulders; and the existing location does not interfere with construction, maintenance, or operation of the completed highway. If an existing parallel utility facility needs to be relocated so as to not interfere with the construction, maintenance, or operation of the completed highway, poles may be located withing five feet (5’) of the right of way line.&lt;br /&gt;
&lt;br /&gt;
Existing steel pipe transmission and distribution facilities for gaseous petroleum products that parallel an existing roadway that will be incorporated into the completed roadway may be left in place subject to an agreement by the utility owner that maintenance or service and facility expansion will be performed without cutting or damaging the pavement or interfering with the construction, maintenance, and operation of the highway and provided that the facility is cathodically protected against corrosion and meets the applicable material requirements.&lt;br /&gt;
&lt;br /&gt;
Underground utility facilities are expected to be buried within the utility corridor of sight distance triangles (SDTs) at roadway intersections unless granted a variance. Overhead utility facilities may be allowed to span intersecting roadways with SDTs provided the poles, or supports, are located outside the SDT.&lt;br /&gt;
&lt;br /&gt;
====643.1.3.2.5 Sanitary Sewers within the Right of Way of Major Routes====&lt;br /&gt;
New installations of sanitary sewers should follow the applicable guidelines for either underground crossings or parallel installations as appropriate. An existing gravity trunk sanitary sewer should be considered individually and removed or left in place contingent upon its age, condition, feasibility of moving, and maintenance access. If an existing parallel gravity main is left in place within the limits of the paved surface, paved shoulder lines, or curb lines, stub mains as required will be laid between the sewer main and curb or shoulder lines for future service connections in each block. Manholes should be relocated outside the traveled roadway as near the right of way line as practical.&lt;br /&gt;
&lt;br /&gt;
===643.1.3.3 Minor Routes===&lt;br /&gt;
For structures carrying or over minor routes, see [[#643.1.5_Bridge_Attachment_Policy|EPG 643.1.5]].&lt;br /&gt;
&lt;br /&gt;
====643.1.3.3.1 Utility Facilities Crossing Minor Routes====&lt;br /&gt;
=====643.1.3.3.1.1 Overhead Crossings of Minor Routes=====&lt;br /&gt;
Existing overhead crossings that interfere with construction, maintenance, or operation should be relocated with their supports as near the right of way line as is practical. New overhead crossing installations should be located with their supports as near the right of way line as is practical.&lt;br /&gt;
&lt;br /&gt;
=====643.1.3.3.1.2 Underground Crossings of Minor Routes=====&lt;br /&gt;
All new utility facilities should be installed and maintained without cutting or damaging the pavement or paved shoulders. A variance may be granted for pavement cuts when servicing and maintaining the facility by any other methods is impractical. Pavement cuts may only be made by permits issued. Underground crossings of utility facilities are to be continuously encased under the pavement, medians, ramps, and shoulders with the casing extending to the toe of the fill slopes or to the ditch line. In curbed sections, encasement should extend outside the outer curb of the roadways a distance equal to the depth of the encasement at the curb line. Where installed by open trench through unpaved areas, detector tape should be placed approximately one foot (1&#039;) above the encasement.&lt;br /&gt;
&lt;br /&gt;
Manholes or vent pipes are to be located at the right of way line or adjacent to the outer roadway.&lt;br /&gt;
&lt;br /&gt;
For fiber optic cable, encasement should extend from within six feet (6&#039;) of one right of way line to within six feet (6&#039;) of the other right of way line.&lt;br /&gt;
&lt;br /&gt;
Exceptions may be made for encasement as listed in [[#643.1.4.2_Exceptions_to_Encasement|EPG 643.1.4.2]].&lt;br /&gt;
&lt;br /&gt;
====643.1.3.3.2 Parallel Installations along Minor Routes====&lt;br /&gt;
New parallel installations on the right of way may be permitted provided that poles are within two feet (2&#039;) of the normal right of way line and underground utility facilities are within the utility corridor. Existing overhead or underground utility facilities that parallel an existing roadway which will be incorporated into a completed highway may remain in place if all maintenance and service can be performed without entering or leaving the roadway except at approved access points; without parking equipment or storing materials on the median, pavement, ramps, or shoulders; and the existing location does not interfere with construction, maintenance, or operation of the completed highway. If an existing parallel utility facility needs to be relocated so as to not interfere with the construction, maintenance, or operation of the completed highway, poles may be located within five feet (5’) of the right of way line.&lt;br /&gt;
&lt;br /&gt;
Underground utility facilities are expected to be buried within the utility corridor of sight distance triangles (SDTs) at roadway intersections unless granted a variance. Overhead utility facilities may be allowed to span intersecting roadways with SDTs provided the poles, or supports, are located outside the SDT.&lt;br /&gt;
&lt;br /&gt;
====643.1.3.3.3 Sanitary Sewers within the Right of Way of Minor Routes====&lt;br /&gt;
New installations of sanitary sewers should follow the applicable guidelines for either underground crossings or parallel installations as appropriate. An existing gravity trunk sanitary sewer should be considered individually and removed or left in place contingent upon its age, condition, feasibility of moving, and maintenance access. If an existing parallel gravity main is left in place within the limits of the paved surface, paved shoulder lines, or curb lines, stub mains as required will be laid between the sewer main and curb or shoulder lines for future service connections in each block. Manholes should be relocated outside the traveled roadway.&lt;br /&gt;
&lt;br /&gt;
===643.1.3.4 Roundabouts===&lt;br /&gt;
Regardless of roadway type, it is desirable to avoid locating utility facilities and their access points within the circulatory roadway. If possible, utility facilities are located in the legs of the roundabout to allow for future maintenance and access at an isolated leg versus affecting the entire roundabout. See [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_5_TypicalLocationofUtilityFacilitiesnearRoundabouts_AOD.pdf EPG Figure 643.1.5] for an example.&lt;br /&gt;
&lt;br /&gt;
===643.1.3.5 Utility Facilities in Scenic Enhancement Areas===&lt;br /&gt;
All existing utility facilities within the limits of a scenic enhancement area requiring adjustment because of construction or reconstruction will be placed underground or relocated beyond the limits of the scenic enhancement area. No new above ground facilities will be permitted. New underground facilities will be permitted provided they do not extensively alter or impair the appearance of the area.&lt;br /&gt;
&lt;br /&gt;
==643.1.4 Installation of Utility Facilities==&lt;br /&gt;
The following sections provide information on the physical installation of utility facilities within highway right of way.&lt;br /&gt;
&lt;br /&gt;
===643.1.4.1 Minimum Cover for Underground Facilities===&lt;br /&gt;
The minimum cover for new underground utilities is:&lt;br /&gt;
* Forty-two inches (42”) for all water lines (parallel and crossings).&lt;br /&gt;
* Forty-two inches (42”) for fiber optic cable (crossings encased in rigid conduit).&lt;br /&gt;
* Seventy-two inches (72”) for fiber optic cable (crossings encased in polyethylene (PE) pipe).&lt;br /&gt;
* Thirty inches (30”) for direct burial and in trench fiber optic cable (parallel).&lt;br /&gt;
* Twenty-four inches (24”) for all other direct burial copper or coaxial cable, (parallel).&lt;br /&gt;
* Seventy-two inches (72”) for uncased polyethylene (PE) gas pipe crossings under ditches and roadways but thirty inches (30”) elsewhere.&lt;br /&gt;
* Thirty inches (30”) for all other (such as, but not limited to, gravity sewers, forced sewers, and electric) underground utilities (both parallel and crossing).&lt;br /&gt;
&lt;br /&gt;
===643.1.4.2 Exceptions to Encasement===&lt;br /&gt;
Exceptions may be made for encasement as follows:&lt;br /&gt;
* Non-fiber communication or electric cables installed in ducts.&lt;br /&gt;
* Welded steel pipelines carrying gaseous or liquid petroleum products - provided they are cathodically protected against corrosion, triple-coated in accordance with accepted pipeline construction standards, and meet applicable material requirements.&lt;br /&gt;
* Natural gas distribution pipe (nominal six-inch (6”) diameter maximum) of polyethylene (PE) plastic, traceable, installed by a horizontal bore method at a minimum depth of seventy-two inches (72”) under ditches and roadways, constructed in accordance with and meeting applicable material requirements.&lt;br /&gt;
* Gas service connections protected and constructed in accordance with and meeting applicable material requirements.&lt;br /&gt;
* Encasement is not required for new trunk sanitary sewer crossings of vitrified clay, reinforced concrete or cast iron except when installation procedures would produce voids in the roadbed, heavy fills, or installations under pressure.&lt;br /&gt;
&lt;br /&gt;
===643.1.4.3 Above Ground or Ground Level Appurtenances===&lt;br /&gt;
Appurtenances protruding more than four inches (4”) above the ground line should be located outside the clear zone. If no feasible alternative exists and if permitted by a variance, appurtenances may be allowed within the clear zone if they meet breakaway criteria or will be shielded by a traffic barrier. Good design practice will provide that appurtenances be located at right of way jogs, along intersecting road right of way, or at other similar acceptable locations, so that encroachment is held to an absolute minimum. Cables, wires, small diameter pipes, and other such utility appurtenances extending from the surface of the ground should be equipped with covers or guards to improve their visibility. Appurtenances within sidewalks or street level pedestrian access routes are to be in conformance with the Americans with Disabilities Act requirements.&lt;br /&gt;
&lt;br /&gt;
The maximum pull box width perpendicular to the right of way line within the utility corridor is thirty inches (30”).&lt;br /&gt;
&lt;br /&gt;
===643.1.4.4 Overhead Utility Facilities===&lt;br /&gt;
The vertical clearance of new or existing overhead installations will not be less than the current minimum requirements of the National Electric Safety Code, but in no case less than eighteen feet (18’) inclusive of sag above the groundline for electrical facilities. Clearance may be reduced for overhead installations of cable, telephone, or fiber optic facilities.&lt;br /&gt;
A minimum radial clearance of twenty-five feet (25’) is provided from any utility facility to the nearest part of any bridge structure. A minimum radial clearance of ten feet (10’) is provided from the nearest charged electrical line to a MoDOT signal, lighting, ITS, or overhead sign structure.&lt;br /&gt;
&lt;br /&gt;
===643.1.4.5 Approved Materials===&lt;br /&gt;
Utility owners are allowed to use any material for underground utility facilities including carrier and encasement provided they accept responsibility for any future repairs and/or replacement of damaged MoDOT facilities should a failure occur. This will allow the use of current technology and procedures to provide the best value to its subscribers and the taxpayers of Missouri. For materials that MoDOT also uses in its highway system, utility owners must provide materials that meet the current [https://www.modot.org/missouri-standard-specifications-highway-construction Missouri Standard Specifications for Highway Construction]. For materials not listed in the Missouri Standard Specifications for Highway Construction, the utility owner should provide documentation of the standards used to determine suitability of the material.&lt;br /&gt;
&lt;br /&gt;
===643.1.4.6 Cutting===&lt;br /&gt;
In the event permission is granted to cut an existing concrete or asphalt pavement or sidewalk, the appropriate provisions below should be followed.&lt;br /&gt;
&lt;br /&gt;
====643.1.4.6.1 Pavement====&lt;br /&gt;
All pavement cuts should be made with a saw to the full depth of the pavement. The width of the cut is typically determined by the width of the trench plus a minimum one foot (1’) on each side of the trench. In the event the distance to any adjacent longitudinal or transverse joint or crack is less than four feet (4’), the pavement must be removed to the joint or crack. Cuts for perpendicular service tie-ins should be a minimum of three feet (3’) wide. Longitudinal main installations are typically cut at a minimum of half the lane width, but in no instance should the cut be along the wheel path of the lane.&lt;br /&gt;
[[File:fig_643.1.6-06_2026.jpg|800px|none|thumb|Figure 643.1.6 Pavement Repair Dimension Requirements.]]&lt;br /&gt;
&lt;br /&gt;
The utility facilities should be placed in a location with the least impact to the roadway. Typically, this leads to placement in the shoulder when available followed by the two-way left turn lane (TWLTL), and then outside lanes before allowing placement in interior through lanes. Lane switching should be kept to a minimum and should not be used to minimize repair sizes. Cuts for mains or service leads that may not be perpendicular to the roadway should be squared-off.&lt;br /&gt;
&lt;br /&gt;
Replacement of cut pavement should be full depth concrete in accordance with the current version at the time of installation of Section 613.10 Full Depth Pavement Repairs of the Missouri Standard Specifications for Highway Construction and the Missouri Standard Plans for Highway Construction. If the area of the pavement repair is not to be fully resurfaced all joints including the overcut from the sawing operation should be filled with an expansive mortar, epoxy, polyester, or joint material as approved by the Engineer in accordance with Section 1057 of the Missouri Standard Specifications for Highway Construction.&lt;br /&gt;
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====643.1.4.6.2 Pedestrian Access Routes====&lt;br /&gt;
All cuts in the pedestrian access routes whether asphalt or concrete should be made by saw and be the full depth of the material. Entire slabs of concrete sidewalk should be removed. Repair of the pedestrian access route must meet Americans with Disability Act requirements, see [[:Category:642_Pedestrian_Facilities|EPG 642]]. Cuts through curb ramps or detectable warning areas are not permitted. Rather the entire curb ramp or detectable warning area must be removed and replaced. MoDOT district ADA contacts can help ensure ADA compliance of impacted pedestrian access routes.&lt;br /&gt;
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===643.1.4.7 Non-disturbance Areas===&lt;br /&gt;
MoDOT has certain areas of right of way where mowing, spraying, digging, or other vegetation disturbance activities are restricted. These areas have been established to mitigate the environmental impacts of a previous project and should be avoided. If the areas cannot be avoided, contact MoDOT’s Environmental Section.&lt;br /&gt;
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==643.1.5 Bridge Attachment Policy==&lt;br /&gt;
No utility facility will be permitted in or on a structure carrying an interstate or other freeway unless it is part of a federal requirement or for MoDOT’s use. When the structure carries any other road type and no other practical means exists for the crossing, wires (communication, electrical, fiber, or metal) will be permitted. Electrical lines must be located to cause minimum exposure to MoDOT maintenance personnel and the public. Pressurized pipelines for gas or other petroleum products and water and all sewer lines are prohibited on all structures due to the risks associated with their failure.&lt;br /&gt;
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===643.1.5.1 Agreement===&lt;br /&gt;
An agreement is required for all utility facilities attached to any structure. A charge will be made for the increased maintenance costs involved. This fee is set by the Bridge Division. When permitted, a 50-year occupational agreement is executed with the utility owner. Agreement BR04 Utility Attachment Agreement is used when an attachment is added to a bridge during its construction. Agreement BR09 Bridge Attachment Agreement is used when an attachment is added to an existing bridge.&lt;br /&gt;
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===643.1.5.2 Requests===&lt;br /&gt;
Requests to attach facilities to structures is a multi-step process. Bridge Division is responsible for approval of the bridge attachment. If at any point in the process, Bridge Division determines the attachment to be unacceptable, a reason is to be provided.&lt;br /&gt;
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To start, the utility owner submits a conceptual request to the district utilities staff. The conceptual request consists of an explanation of the proposal; a general location sketch (i.e., which side of the bridge); and details on the facility, length, and weight per foot when full. The district utilities staff should work with all relevant district personnel including the District Bridge Engineer in reviewing and recommending the attachment. The district utilities staff will submit the recommended details to the Bridge Division to determine the applicable costs including future maintenance costs and for attachments to new bridges, design and construction. Once the Bridge Division has determined the cost, the district utilities staff shares the cost with the utility owner for their concurrence with furthering the process. For new bridges, if the utility owner concurs with the costs, the district utility staff will prepare the BR04 Agreement for execution by the utility owner and the Commission. MoDOT will be responsible for the design and construction of attachments to new bridges. For existing bridges, the district utilities staff will forward the applicable as-built bridge plans to the utility owner for its use in designing the bridge attachment. The utility owner will provide detailed design drawings, signed and sealed by a professional engineer in the State of Missouri, to the district utilities staff for review. The district utilities staff should work with all relevant district personnel, including the District Bridge Engineer, in reviewing and recommending the details of the attachment to the Bridge Division. Once Bridge Division approves, the Bridge Division will prepare the BR09 Agreement for execution by the utility owner and the Commission. The utility owner is responsible for the construction of attachments to existing bridges. A flow chart, [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_7_BridgeAttachementProcess_AOD.pdf EPG Figure 643.1.7], of the process is available.&lt;br /&gt;
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Payment from the utility owner for the attachment will be sent to Financial Services by district utilities staff. For BR04 agreements, district utilities staff should discuss with Financial Services how to get the payment credited to the project constructing the attachment. For BR09 agreements, district utilities staff should copy Bridge Division on correspondence with Financial Serves. Checks should be made payable to Director of Revenue, Credit State Road Fund.&lt;br /&gt;
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For requests from government entities such as cities, counties, and other municipalities, the requested information should be submitted to Bridge Division as described above. However, the district utilities staff will take the lead in preparing the DE10 County Agreement or DE11 Municipal Agreement, as applicable, with input from Bridge Division and Bridge Maintenance. All fees are waived for government entities.&lt;br /&gt;
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===643.1.5.3 Considerations===&lt;br /&gt;
The following considerations are made in determining the acceptability of a bridge attachment. Unique situations will be discussed with the Bridge Division as required.&lt;br /&gt;
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====643.1.5.3.1 Bridge Asset Management Program====&lt;br /&gt;
Requests for bridge attachments should be reviewed for consistency with the district’s upcoming bridge asset management program needs. If a structure is due for rehabilitation or replacement in the near future, information should be provided to the utility owner indicating existing remaining life of the bridge. In some instances, it may be in MoDOT’s best interest to deny the request for attachment outright. In some instances, the utility owner may still choose to pursue the short-term attachment to the existing structure. In almost all cases, the utility owner is responsible for the cost of removing and/or relocating their utility facilities for a necessary repair, widening, improvement or reconstruction of the structure. Review existing agreements for cost responsibility for current attachments.&lt;br /&gt;
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====643.1.5.3.2 Aesthetics====&lt;br /&gt;
In reviewing a request for a bridge attachment, how the structure is viewed by the public will be considered. For example, is the structure over a scenic stream that is extensively used by canoeists, or does the structure span a road that may provide access to a park, campgrounds, or boat launching facilities? Is the structure a grade separation where the motoring public will see the attachment before they pass under it?&lt;br /&gt;
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====643.1.5.3.3 Method of Attachment====&lt;br /&gt;
In order to maintain structural integrity of any structures the following requirements will apply for attachments.&lt;br /&gt;
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=====643.1.5.3.3.1 Welding=====&lt;br /&gt;
Welding of hardware to structural steel members (i.e., flanges, webs, stiffeners, and diaphragms) whether in tension or compression is not permitted.&lt;br /&gt;
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=====643.1.5.3.3.2 Drilling=====&lt;br /&gt;
Drilling holes in any structural steel member is not permitted. Drilling holes for anchors into any prestressed concrete member is not permitted. Although permitted, drilling holes for anchors into the underside of bridge decks must be done with caution. It is recommended all anchors be installed to miss deck reinforcing steel. Generally, drilling into decks will not be allowed where sonotubes were used (voided slab bridges). The depth of the holes should be such that breaking out of the concrete on the top side of the deck does not occur.&lt;br /&gt;
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=====643.1.5.3.3.3 Corrosion=====&lt;br /&gt;
Attachment hardware will be new, properly coated to prevent corrosion or be of a non-corrosive material, and be designed to support the facility.&lt;br /&gt;
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====643.1.5.3.4 Location====&lt;br /&gt;
In general, attachments are made on the underneath side of the bridge deck. The condition of the bridge deck will dictate the location of the attachment supports. An exception may be attachments to trusses or other overhead structures.&lt;br /&gt;
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Attachments that may require manholes in bridge decks are not allowed.&lt;br /&gt;
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When attachments are required to structures over streams that may carry large drifts, they must be attached to the downstream side of the structure and above the lowest superstructure element. It is preferred to locate the attachment on the outside of the exterior girder. If aesthetics are a concern, a better appearance can be achieved by having the attachment made to the inside of the exterior girder and above the bottom of the lower flange to hide the conduit and the attaching hardware.&lt;br /&gt;
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Placement of utilities must not prevent the removal of old paint, the application of new paint on superstructure steel, or cause debris buildup, which could cause structural deterioration.&lt;br /&gt;
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====643.1.5.3.5 Construction and Maintenance====&lt;br /&gt;
If the attachment cannot be built while maintaining one (1) lane of traffic on the structure, it will not be allowed.&lt;br /&gt;
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Construction procedures that severely impact traffic may factor into the allowable location of the attachment on the structure.&lt;br /&gt;
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When scaffolding is to be attached or supported by bridge rails, bridge superstructure, or bridge substructure, the procedures for construction of the attachment must be reviewed.&lt;br /&gt;
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The utility owner or local entity will pay for, or be responsible for, the painting of the attachment, if necessary, when the bridge requires painting.&lt;br /&gt;
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==643.1.6 Private Lines==&lt;br /&gt;
Private lines are permitted to cross the right of way of a highway in the same manner as outlined for all utility facilities in above sections of this article. Parallel installations along the right of way of a highway are not permitted. Special conditions at a specific location that make adherence to this policy impractical will be submitted to the Chief Engineer for consideration of an acceptable alternative. In certain situations, it may be necessary to obtain approval from the Federal Highway Administration (FHWA) before approval to use the alternative can be given to the private utility owner.&lt;br /&gt;
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==643.1.7 Water and Sewer Separations==&lt;br /&gt;
The Missouri Department of Natural Resources (MoDNR) Safe Drinking Water Commission via 10 CSR 60-10 and Clean Water Commission via 10 CSR 20-8 govern the design of water and sewer lines in the vicinity of one another. Basic criteria are outlined below for information, and details are contained within the regulations. MoDOT is not responsible for providing or acquiring adequate right of way for utility owners to comply with MoDNR requirements.&lt;br /&gt;
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===643.1.7.1 Water and Sewer Separations===&lt;br /&gt;
====643.1.7.1.1 Horizontal====&lt;br /&gt;
Sanitary and storm sewers are to be laid at least ten feet (10’) horizontally measured from outside edge to outside edge from any existing or proposed water main. In cases where it is not practical to maintain ten feet (10’) of separation, installation of the water main closer to the sewer is acceptable where the water main is installed in a separate trench or on an undisturbed earth shelf located on one (1) side of the sewer at an elevation so the bottom of the water main is at least eighteen inches (18”) above the top of the sewer.&lt;br /&gt;
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===643.1.7.2 Crossings===&lt;br /&gt;
Water mains are to be laid to provide a minimum vertical distance of eighteen inches (18”) vertically measured outside edge to edge from sanitary or storm sewers. This is the case whether the water main is above or below the sewer. One (1) full length of water pipe must be located so both joints will be as far from the sanitary or storm sewer line as possible. Special structural support for the water main or sanitary or sewer main may be required.&lt;br /&gt;
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===643.1.7.3 Exception===&lt;br /&gt;
When it is impossible to obtain proper horizontal and vertical separation as stipulated, the sewer will be designed and constructed equal to water pipe and will be pressure-tested to assure it is watertight prior to backfilling.&lt;br /&gt;
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===643.1.7.4 Water Supply Interconnections===&lt;br /&gt;
No physical connection is permitted between a public or private potable water supply system and any sanitary or storm sewer or appurtenance that would permit the passage of any sewage or polluted water into the water supply. No water pipe is permitted to pass through or come in contact with any part of a sanitary sewer manhole.&lt;br /&gt;
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===643.1.7.5 Water Works Structures===&lt;br /&gt;
Sewers are not permitted to be installed within fifty feet (50’) in any direction from any existing or proposed public water supply well or other water supply sources or structures.&lt;br /&gt;
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==643.1.8 Variances==&lt;br /&gt;
Occasionally, it is impractical to locate a utility facility in accordance with requirements outlined in this article. MoDOT may consider a utility owner’s request for a variance from these requirements on a case-by-case basis. The utility owner should complete a [https://epg.modot.org/forms/general_files/DE/UtilityVarianceApprovalForm.docx Utility Variance Approval Form] to be submitted to MoDOT for consideration. Variances on the Interstate System require approval of the Federal Highway Administration (FHWA). A flow chart, [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_8_VarianceApprovalProcess.pdf EPG Figure 643.1.8], of the variance process is available.&lt;br /&gt;
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A variance will not be permitted just for the convenience of the utility owner. The utility owner requesting a variance must provide all necessary information to properly evaluate if a variance should be approved. For example, a utility owner requesting a variance because “the utility corridor is full” must explore all reasonable options. It is suggested that the requestor pothole the existing utility corridor to confirm the location of existing utility facilities and provide that data to support the need to locate outside of the utility corridor due to its congestion.&lt;br /&gt;
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===643.1.8.1 Variance Process===&lt;br /&gt;
Any utility owner of a public utility facility may apply for a variance. The process for requesting a variance is as follows:&lt;br /&gt;
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====643.1.8.1.1 Submittal Requirements====&lt;br /&gt;
Utility owners submit to the district utilities staff a written request for a variance using the [https://epg.modot.org/forms/general_files/DE/UtilityVarianceApprovalForm.docx Utility Variance Approval Form]. The utility owner must clearly show the provision(s) or guideline(s) for which the variance is being requested; the condition(s) which the utility owner believes warrant(s) the granting of a variance; a thorough explanation of the reason(s) for the requested variance, including sufficient and appropriate documentation of safety, aesthetic, or constructability constraints that would be adverse to the function, access, or maintenance of the utility facility and not in the best interest of the public.&lt;br /&gt;
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====643.1.8.1.2 MoDOT Consideration of Variance Request====&lt;br /&gt;
The utility owner bears full responsibility for demonstrating to MoDOT’s satisfaction that the variance is the most appropriate way to serve the public interest. MoDOT may present to the utility owner and the utility owner must consider reasonable alternatives to the variance requested by the utility owner. In determining whether to grant a variance, district utilities staff will consider all relevant factors including, but not limited to: the requested variance is reasonably necessary for the convenience, safety, health, and/or welfare of the public; there is an exceptional or undue burden or hardship on the specific applicant; a physical impracticability that would result from the applicant’s adherence to the normal location requirements; and the requested variance will not impair the safe construction, maintenance, operation, and safety of public travel on the highway. District utilities staff may consult with the Design Liaison Engineer in evaluating variances.&lt;br /&gt;
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====643.1.8.1.3 Approval of Variances====&lt;br /&gt;
Once district utilities staff have agreed to accept a variance proposed by the utility owner, the [https://epg.modot.org/forms/general_files/DE/UtilityVarianceApprovalForm.docx Utility Variance Approval Form] and all supporting documentation is sent to the District Design Engineer (DDE) for approval. If a variance is on interstate right of way, the DDE-signed Variance Request Form and all supporting documentation is forwarded to the Design Liaison Engineer who will forward to FHWA for their concurrence.&lt;br /&gt;
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====643.1.8.1.4 Variance Appeal Informal Hearing====&lt;br /&gt;
If denied a variance, the utility owner has thirty (30) calendar days to request an informal hearing for the purpose of appealing the denial. Requests must be made in writing to the State Design Engineer, Missouri Department of Transportation, P.O. Box 270, Jefferson City, MO 65102. If the utility owner requests an informal hearing, MoDOT’s authorized representative will advise the applicant of the time, date, and place of the hearing. The hearing is not a contested case under RSMo 536. The rules of evidence will not apply at the hearing, and MoDOT’s decision after the conduct of the hearing is not subject to further appeal.&lt;br /&gt;
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==643.1.9 Excess Right of Way==&lt;br /&gt;
Prior to conveyance of excess right of way, the status of utility facilities within said parcel must be addressed. See [[236.5_Property_Management#236.5.12_Excess_Land_Conveyances_&amp;amp;_Relinquishments_–_Regulated_Utilities|EPG 236.5.12]].&lt;br /&gt;
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==643.1.10 Broadband==&lt;br /&gt;
Broadband development in the state of Missouri is handled by the Department of Economic Development (DED). MoDOT shares its approved Statewide Transportation Improvement Program (STIP) project list with DED. All MoDOT policies related to placement of utility facilities within Commission right of way as outlined in this EPG article 643.1 are to be followed.&lt;br /&gt;
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&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643.2 Utilities in Program Delivery &#039;&#039;PAGE TITLE&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt; &lt;br /&gt;
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==643.2.1 Introduction==&lt;br /&gt;
Improvements to the highway system often require negotiation between the Commission and a city, a county, or a public or private utility owner. The Commission’s district utilities staff is responsible for coordination of highway improvement projects with the utility owner’s representative. The impact to a utility, the responsibility for the cost of adjustments necessary to allow highway construction, the plan of adjustment of the utility, the responsibility of performance of work on utility facilities, and the schedule of the utility adjustment are all items that vary depending on the project and should be investigated and negotiated to ensure highway improvement projects are delivered on-time and on-budget. These should comply with Commission policy. A flowchart [link here] outlining all the utility adjustment processes (reimbursable and non-reimbursable relocations, Master Reimbursable Utility Agreements and Project Specific Agreements, etc.) are available in the list of figures at the top of the page. These processes will not always be in combination, but each should be considered with each project.&lt;br /&gt;
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The district utilities staff, in conjunction with the Transportation Project Manager (TPM), is expected to invite and encourage participation of utility owner representatives in MoDOT project meetings as needed.&lt;br /&gt;
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When a project involves utility adjustments for which the Commission is responsible for costs, the TPM should program the costs of the utility adjustments as non-contractual construction costs in the STIP Information Management System (SIMS).&lt;br /&gt;
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==643.2.2 Annual Utility Meeting==&lt;br /&gt;
Each district should hold an annual meeting with utilities to discuss current STIP projects in the district. The annual meeting should be held during each year&#039;s STIP preparations, ideally between January and May. All utility owners that have utility facilities in the district should be invited. The intent is to provide the utility owners with an idea of upcoming projects to allow them the opportunity to plan and budget for potential adjustments of their utility facilities, identify both MoDOT and utility roadblocks, and develop action plans to complete utility adjustments better, faster, and cheaper.&lt;br /&gt;
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==643.2.3 Determination of Existing Utilities==&lt;br /&gt;
District utilities staff should determine the appropriate level of effort needed to accurately identify existing utilities within the footprint of a proposed highway construction project. Aboveground utilities are easily identifiable via field checks; however, determination of the precise location of underground utilities can be more challenging and time consuming. Therefore, the district utilities staff should balance the risk of conflict with the highway construction project against the level of effort needed to determine the location.&lt;br /&gt;
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The level of effort on mapping utilities is dependent on the scope of the project and the potential for utilities having an impact on the construction of the project. The project schedule should include the time to complete this task accurately. The time and effort necessary for having accurate locates requires close interaction with the utility locators. Early contact with utility owner representatives may be necessary to accurately locate underground utility facilities.&lt;br /&gt;
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Various methods of determining existing underground utilities result in different levels of quality. ASCE Standard 38 Standard Guidance for Investigating and Documenting Existing Utilities classifies four levels of quality:&lt;br /&gt;
:1. Quality Level D: QL-D is the most basic level of information for utility locations. It comes solely from existing utility records or verbal recollections, both typically unreliable sources. It may provide an overall &amp;quot;feel&amp;quot; for the congestion of utilities but is often highly limited in terms of comprehensiveness and accuracy. QL-D is useful primarily for project planning and route selection activities.&amp;lt;br&amp;gt;&lt;br /&gt;
: Missouri 811 or “private-locate” markings are to be considered to be QL-D.&lt;br /&gt;
:2. Quality Level C: QL-C is probably the most used level of information. It involves surveying visible utility facilities (e.g., manholes, valve boxes, etc.) and correlating this information with existing utility records (QL-D information). When using this information, it is not unusual to find that many underground utilities have been either omitted or erroneously plotted. Therefore, its usefulness is primarily on rural projects where utilities are not prevalent or are not too expensive to repair or relocate.&lt;br /&gt;
:3. Quality Level B: QL-B involves the application of appropriate surface geophysical methods to determine the existence and horizontal position of virtually all utilities within the project limits. This activity is called &amp;quot;designating&amp;quot;. The information obtained in this manner is surveyed to project control. It addresses problems caused by inaccurate utility records, abandoned or unrecorded utility facilities, and lost references. The proper selection and application of surface geophysical techniques for achieving QL-B data is critical. Information provided by QL-B can enable the accomplishment of preliminary engineering goals. Decisions regarding location of storm drainage systems, footers, foundations, and other design features can be made to avoid conflicts with existing utilities. Slight adjustments in design can produce substantial cost savings by eliminating utility relocations.&lt;br /&gt;
:4. Quality Level A: QL-A, also known as &amp;quot;locating or potholing&amp;quot;, is the highest level of accuracy presently available and involves the full use of the subsurface utility engineering services. It provides information for the precise plan and profile mapping of underground utilities through the nondestructive exposure of underground utilities, and provides the type, size, condition, material, and other characteristics of underground features.&lt;br /&gt;
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For projects with scopes that have potential for utility conflicts, the minimum level of effort required is SUE Quality Level D. Locations of existing utilities are determined by requesting locates through Missouri 811, also known as the “One-Call” process. Missouri 811 locating requests should be carefully considered for the scope of work of the project. When necessary, the location of existing utilities should be established by a field survey of locate markings and features and shown on the roadway plans. Higher level SUE Quality Levels can be used on any project. Adjustment cost savings, whether to the MoDOT or to the utility owner, are beneficial to the taxpayer. Good SUE projects are typically urban in nature, or in congested areas, where the project footprint is to be minimized, or anytime accurate vertical and horizontal location of the utility facility might allow a design to avoid the utility facility thus preventing the need for the adjustment. The SUE process combines civil engineering, surveying, and geophysics. It utilizes several technologies, including vacuum excavation and surface geophysics.&lt;br /&gt;
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When proposed excavation or installation of subsurface features (drainage, equipment bases, etc.) falls within three feet (3’) of a marked Missouri 811 line, soft digging (hand digging, potholing, vacuum methods, pressurized air/water jetting, pneumatic hand tools, etc.) is required to more exactly locate the utility facility both horizontally and vertically. Utility facilities present within the right of way by permit, should be investigated by the utility owner. Utility facilities that would be reimbursable or partially reimbursable as defined in EP 643.2.8 will be investigated by MoDOT.&lt;br /&gt;
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==643.2.4 Conflict Determination==&lt;br /&gt;
Determination of whether a conflict exists between an existing utility facility and a proposed highway improvement project should occur at the earliest possible stage of project development. A conflict may be the result of the physical interaction between the roadway infrastructure and utility facility, a reduction in cover or increase in fill over underground utilities, a reduction in horizontal clearance whether above or below ground, a reduction in overhead vertical clearance, paving over utilities, or restricting a utility owner’s access to its utility facilities. District utilities staff should work with utilities to determine if a conflict exists and the appropriate plan of adjustment to remedy the conflict. The adjustment to the utility may be a relocation or another measure that protects the utility or access to the utility from the proposed highway improvement project. Determination of a conflict needs to be continually re-evaluated as the project design progresses. Continuing coordination is essential.&lt;br /&gt;
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==643.2.5 Utility Plan of Adjustment==&lt;br /&gt;
===643.2.5.1 Request for Plan of Adjustment===&lt;br /&gt;
District utilities staff will request a plan of adjustment from utility owners whose utility facilities are in conflict with a proposed highway project. The plan of adjustment may consist of efforts to relocate the utility or otherwise protect a utility from the impacts of the proposed highway project. Utilities are shown on the roadway plan and profiles sheets that are furnished to utility owners for use in planning required utility adjustments. Any other sheets such as drainage, traffic signal, lighting, or ITS plans that show impacts to a utility facility should also be provided to the utility owners. All adjustments, reimbursable or not, require a plan of adjustment furnished by the utility owner.&lt;br /&gt;
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A transmittal letter is included in the request for a plan of adjustment. The letter informs the utility owner that regardless of whether an adjustment is reimbursable, no physical adjusting or relocating of their utility facilities to accommodate the proposed highway improvement is to be performed without specific approval and authorization. Additionally, if any part of the adjustment has the potential to be reimbursable, they are advised:&lt;br /&gt;
# They may undertake preliminary engineering by their own forces upon approval by district utilities staff of the estimated costs of preliminary engineering.&lt;br /&gt;
# They may employ a consultant to do the PE work provided they request and obtain prior approval. See [[#643.2.6_Preliminary_Engineering_Requirements|EPG 643.2.6 Preliminary Engineering Requirements]].&lt;br /&gt;
# Any preliminary engineering costs accrued prior to the date of written authorization to proceed will not qualify for reimbursement.&lt;br /&gt;
# Replacement right of way or easements cannot be purchased without specific approval and authorization.&lt;br /&gt;
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===643.2.5.2 Proposed Plan of Adjustment===&lt;br /&gt;
Developing a plan of adjustment is a multi-step process. The utility owner will propose a conceptual approach to adjusting the utility facilities to allow highway construction. This conceptual approach is used as the basis for determining cost responsibility, estimate of costs for preliminary engineering and construction, developing the agreement if necessary, and final design of the adjustment. Negotiations between district utility staff and the utility owner’s representative can result in changes to the design throughout the process.&lt;br /&gt;
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Final plans of adjustment must contain a legend on the first sheet identifying the utility symbols used. They must also show the existing utility facilities and their disposition, the location of the new or adjusted utility facilities, the existing and new right of way lines, the limited or fully controlled access symbols (where applicable), the existing and proposed roadways, ramps, and outer roadways and any other pertinent roadway information. They must contain sufficient details concerning location, elevation, compaction, clean up, etc. to provide for the proper adjustment of the utility facility. Relocated and/or existing utility facilities that will remain in place must be dimensioned or indicated in a manner to show their location in respect to the right of way lines. It is preferred that the utility owner transmits the plan of adjustment by electronic deliverables in a format that can be incorporated into the roadway plans. This will reduce the time and effort necessary as well as increase the accuracy of transferring this information into the roadway plans.&lt;br /&gt;
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Plans of adjustment received from the utility owner are to be checked for compliance with MoDOT’s requirements ([[#643.1_Utilities_Location|EPG 643.1 Utility Location]]) by the district utilities staff. They are also checked to ensure compatibility with the roadway design. Any continuing conflicts are resolved through negotiations with the utility owner.&lt;br /&gt;
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Occasionally, it is impractical to perform a utility adjustment in accordance with MoDOT’s requirements. Sometimes the utility may request approval of a plan of adjustment that does not conform to these requirements. Deviation from MoDOT’s utility requirements is a variance. Refer to [[#643.1.8_Variances|643.1.8 Variance Process]] for additional guidance.&lt;br /&gt;
The final plan of adjustment is included as Exhibit “A” to the agreement ([[#643.2.12_Utility_Agreements|EPG 643.2.12 Agreements]]).&lt;br /&gt;
&lt;br /&gt;
==643.2.6 Preliminary Engineering Requirements==&lt;br /&gt;
Preliminary engineering (PE) can be performed one of four ways for utility adjustments:&lt;br /&gt;
# The utility owner can use its own engineering forces.&lt;br /&gt;
# MoDOT can select an engineering consultant, after consultation with the utility owner, and the consultant contract will be administered by MoDOT.&lt;br /&gt;
# The utility owner can select an engineering consultant, with approval by MoDOT, and the consultant contract will be administered by the utility owner.&lt;br /&gt;
# If a utility adjustment is being included in a MoDOT administered construction contract, the preliminary engineering of the adjustment can be provided by MoDOT.&lt;br /&gt;
&lt;br /&gt;
For reimbursable utility adjustments, the amount paid to engineers, architects, and others for required engineering and allied services can be included in reimbursement amount provided such amounts are not based on a percentage of the costs of the necessary adjustments to allow highway construction. Reimbursement is available for contracts executed after solicitation of a consultant for the specific adjustment or existing continuing contracts when it is demonstrated that such work is performed regularly for the utility owner in its own work and that the costs are reasonable.&lt;br /&gt;
&lt;br /&gt;
A [https://epg.modot.org/forms/general_files/DE/UtilityConsultantContractChecklist.docx checklist is available for reviewing consultant-engineering contracts] to ensure the contract conforms to MoDOT policy and complies with applicable federal regulations. District utilities staff should use the checklist to review contracts and may consult with Audits and Investigations Division as necessary. The procedures in 23 CFR part 172, Administration of Engineering and Design Related Service Contracts may be used as a guide for reviewing proposed consultant contracts. [[:LPA:136.4_Consultant_Selection_and_Consultant_Contract_Management|EPG 136.4 Consultant Selection and Consultant Contract Management]] may also be used as a guide.&lt;br /&gt;
&lt;br /&gt;
===643.2.6.1 Solicited Consultant Contracts===&lt;br /&gt;
If solicitation of PE services is required for reimbursable utility adjustments, the utility owner must provide the following documents and information to district utilities staff. These documents need to be provided as soon as the utility owner has chosen to solicit a consultant. Document 1 must be supplied by all utility owners. Documents 2 and 3 are only required when the utility owner is a local government agency who is also a political subdivision of the state of Missouri (e.g., city-owned utilities, county-owned utilities). All other utility owners are encouraged, but not required, to provide Documents 2 and 3:&lt;br /&gt;
# A statement that the utility owner is not staffed or able to perform the required PE services with its own forces.&lt;br /&gt;
# Provide the names of at least three (3) consultants considered.&lt;br /&gt;
# The criteria used to evaluate each consultant and reasons why the selected consultant was selected.&lt;br /&gt;
&lt;br /&gt;
The following documents need to be provided as soon as the utility owner has successfully negotiated and entered into a contract with the consultant:&lt;br /&gt;
# The name and address of the selected consultant.&lt;br /&gt;
# A statement that the &amp;quot;[https://epg.modot.org/forms/general_files/DE/CertificationOfConsultant.docx Certification of Consultant]&amp;quot; will be furnished immediately upon award of the contract to the consultant.&lt;br /&gt;
# One executed copy of the proposed engineering contract or agreement between the utility owner and consultant, only if the engineering will exceed $5,000.00.&lt;br /&gt;
# The consultant&#039;s fixed (lump sum) or estimated fee (actual cost) and the contract maximum.&lt;br /&gt;
# A cost summary providing a detailed breakdown of the basis for the consultant&#039;s compensation, including estimated labor hours, hourly rates for each classification, overhead rate (if used), the amount of profit charged, and any other estimated charges such as travel expenses, equipment rentals, etc. If an overhead rate is used, the consultant must also submit the supporting overhead rate calculations.&lt;br /&gt;
# An independent cost estimate of engineering services provided by the utility owner to use in comparison to the consultant’s proposed engineering services to check for cost reasonableness.&lt;br /&gt;
&lt;br /&gt;
===643.2.6.2 Continuing Consultant Contracts===&lt;br /&gt;
When a utility owner chooses to use an existing continuing contract for PE services, the utility owner must provide the following documents and information to the district utilities staff as soon as possible.&lt;br /&gt;
# A statement that the utility owner is not staffed or able to perform the engineering with its own forces.&lt;br /&gt;
# The name and address of the consultant under the existing continuing contract.&lt;br /&gt;
# A statement that the &amp;quot;[https://epg.modot.org/forms/general_files/DE/CertificationOfConsultant.docx Certification of Consultant]&amp;quot; will be furnished.&lt;br /&gt;
# A copy of the continuing contract to the district utilities staff. The district utilities staff will review the contract for reasonableness of cost.&lt;br /&gt;
# The consultant&#039;s fixed (lump sum) or estimated fee (actual cost) and the contract maximum for the work associated with the utility adjustment.&lt;br /&gt;
# A cost summary providing a detailed breakdown of the basis for the consultant&#039;s compensation, including estimated labor hours, hourly rates for each classification, overhead rate (if used), the amount of profit charged, and any other estimated charges such as travel expenses, telephone, etc. If an overhead rate is used, the consultant must also submit the supporting overhead rate calculations.&lt;br /&gt;
# An independent cost estimate of engineering services provided by the utility owner to use in comparison to the consultant’s proposed engineering services to check for cost reasonableness.&lt;br /&gt;
&lt;br /&gt;
===643.2.6.3 Consultant Contract Changes===&lt;br /&gt;
If a PE services contract between a utility owner and a consultant needs to be revised, a copy of the revised contract, fee, and schedule should be submitted by the utility owner to the district utilities staff prior to allowing for contract changes. District utilities staff should review the contract changes to ensure the revised contract conforms to MoDOT policy and complies with applicable federal regulations.&lt;br /&gt;
&lt;br /&gt;
==643.2.7 Environmental and Right of Way==&lt;br /&gt;
===643.2.7.1 Utilities and Environmental Clearances===&lt;br /&gt;
District utilities staff should coordinate with the TPM and utility owner’s representative to understand and communicate on known environmental and cultural constraints that could impact a utility owner’s plan of adjustment. This will allow the utility owner to consider permitting timelines and alternatives that avoid environmental or cultural resources to keep the project on schedule.&lt;br /&gt;
&lt;br /&gt;
One strategy to make project delivery more efficient and ensure regulatory compliance is for MoDOT to obtain the environmental and cultural resource permits and clearances for the utility owners associated with a roadway improvement while obtaining its own. This would generally only be for the permits and regulatory clearances MoDOT already needs to pursue as a part of the transportation improvement.&lt;br /&gt;
&lt;br /&gt;
District utilities staff should coordinate with the utility owner’s representative early in the project timeline to determine if it is in the best interest of both MoDOT and the utility owner to obtain permits and environmental clearances jointly. The following strategies can be utilized to determine if a joint approach to environmental work should be pursued:&lt;br /&gt;
* If utility facilities are moving to a location within or immediately adjacent to MoDOT right of way, a utility owner may be invited to participate in permitting and environmental compliance activities.&lt;br /&gt;
* If utilities move to a location not within or adjacent to MoDOT right of way, the utility company would not normally be invited to participate in permit applications and environmental compliance activities. However, some unique projects may necessitate further attention and should be discussed with the Design Liaison Engineer.&lt;br /&gt;
&lt;br /&gt;
If MoDOT and the utility owner agree to obtain joint permits and clearances, written communication between the utility owner’s representative and the district utilities staff should document the following items:&lt;br /&gt;
* List of the permits and clearances that MoDOT will acquire on behalf of the utility owner.&lt;br /&gt;
* List of the information needed from the utility owner in order for MoDOT to acquire the permits and clearances.&lt;br /&gt;
* Schedule and deadlines for submittal of the information by the utility owner. For example: utility plans, fill quantities, construction methods, dates, or seasons of construction.&lt;br /&gt;
&lt;br /&gt;
Permits and clearances that may be needed by both a utility owner and MoDOT include:&lt;br /&gt;
* [[127.7_Threatened_and_Endangered_Species|Endangered Species Act consultation and clearance]]&lt;br /&gt;
* [[127.2_Historic_Preservation_and_Cultural_Resources#127.2.1.1_Historic_Preservation_Regulations_and_Laws|Section 106 of the National Historic Preservation Act clearance]]&lt;br /&gt;
* [[127.10_Section_4(f)_Public_Lands|Section 4(f) clearance]]&lt;br /&gt;
* [[127.10_Section_4(f)_Public_Lands#127.10.1.4_Section_6(f)_Laws_and_Regulations|Section 6(f) of the Land and Water Conservation Fund Act clearance]]&lt;br /&gt;
* [[127.4_Wetlands_and_Streams|Section 401 and Section 404 of the Clean Water Act permits]]&lt;br /&gt;
* [[:Category:806_Pollution,_Erosion_and_Sediment_Control#806.1_Introduction_(see_Sec._806)|Section 402 of the Clean Water Act permit (State Operating Permit for Erosion Control)]]&lt;br /&gt;
* [[127.8_Hazardous_and_Solid_Waste|Recommendations on contaminated soil disposition]]&lt;br /&gt;
&lt;br /&gt;
===643.2.7.2 Right of Way Acquisition and Utilities===&lt;br /&gt;
The Commission is obligated to acquire the width of right of way required by the design of the highway improvement. For utility facilities currently located within the Commission’s right of way, this includes the necessary space for the utility facilities impacted by the design of the highway improvement. Either additional right of way width to accommodate a utility corridor or a utility easement can be obtained for the relocation of utility facilities. When drainage easements are acquired along a channel, additional space for utility facilities should be considered to avoid conflicts between the utility facility and the bridge or culvert.&lt;br /&gt;
&lt;br /&gt;
District utilities staff should inform the utility owner’s representative of the potential of a conflict between an existing utility facility and a proposed highway construction project early in the project development process to allow sufficient time for the utility owner to prepare a plan of adjustment and notify the district utilities staff of any easement needs. When utility facilities are located on a utility owner’s private easement, the utility owner may obtain its own new easements. If the utility owner is not in a position to negotiate for new easements or if the utility owner’s policies will not permit it to condemn property to obtain the easement, MoDOT can acquire the easement in the same manner roadway right of way is obtained. The district utilities staff should verify the utility owner is aware of the opportunity to have MoDOT acquire the easement, and the utility owner should provide written documentation on whether the utility owner would like to pursue this option with MoDOT.&lt;br /&gt;
&lt;br /&gt;
For situations where the utility owner will obtain its own replacement right of way and the cost of the adjustment is MoDOT’s responsibility, the utility right of way cost should be reviewed by the district right of way department to ensure the cost is reasonable and acquisition followed state and federal regulations. In order to expedite utility adjustments necessary to allow highway construction, the district utility staff may authorize the utility owner to obtain easements prior to all details of a plan of adjustment being developed. In this situation, the district utilities staff should ensure enough details are known to justify the needed right of way, and an agreement for right of way costs only should be executed with the utility owner.&lt;br /&gt;
&lt;br /&gt;
For situations where MoDOT will obtain the right of way necessary to allow highway construction, district utility staff should negotiate with the utility owner’s representative to ensure all necessary utility easements are shown on the approved right of way plans. The TPM should confirm with district utilities staff that the right of way plans accurately reflect the needs of the utility owners prior to requesting right of way plan approval. The district Right of Way Manager should confirm with district utilities staff before requesting an acquisition date (A-date). Every effort should be made to avoid adding utility easement requests once negotiations with property owners have begun.&lt;br /&gt;
&lt;br /&gt;
Occasionally, when negotiations cannot be completed for easements for the adjustment of utility facilities, it may be necessary to condemn for the property. District utilities staff should coordinate with the utility owner’s representative to ensure no alternate design for the adjustment of the utility facility is practical. The decision to condemn for easements for the adjustment of the utility facilities requires the exercise of good judgment in reaching the conclusion that further good faith negotiations are futile and condemnation is necessary to maintain the project in the scheduled letting. The TPM should coordinate with the district utilities staff and district Right of Way (RW) personnel on the condemnation proceedings.&lt;br /&gt;
&lt;br /&gt;
Easement and other right of way documents used with utility owners are handled in accordance with procedures established jointly with RW and district utilities staff. District survey staff prepare the land descriptions for use in utility easements. The district utilities staff is responsible for completion of the easements in the correct form and scope. A sketch delineating the area described is attached to the easement as Exhibit “A”. Communication with the Design Division will ensure use of proper forms, corporate names and locations, and particular wording required for joint ownerships. The description for a utility easement is to be referenced to the nearest land corner shown on the plans. Examples of easements can be found in the template list in [https://netprod3.dot.missouri/eAgreements/Search/QuickSearch eAgreements].&lt;br /&gt;
&lt;br /&gt;
In situations where MoDOT is acquiring right of way with existing utility easements, but the district utilities staff and the utility owner’s representative agree that the utility facility may remain in place, the utility owner will release the property to the Commission separate from the right of way acquisition. This is done by executing an Easement for Highway Construction (UT16). The utility owner grants and conveys, with warranty of title expressed or implied, to the Commission, the right to construct, reconstruct, and maintain a highway over and across that portion of the easement owned and held by the utility owner. In the future, the utility owner retains any reimbursable rights should future projects require adjustments to allow highway construction.&lt;br /&gt;
&lt;br /&gt;
==643.2.8 Cost Responsibility==&lt;br /&gt;
In addition to determining if a conflict exists between an existing utility facility and a highway improvement project, it is important to determine who is responsible for the costs of the necessary adjustments to allow highway construction. An adjustment for which the Commission is responsible for the costs is known as a reimbursable adjustment. An adjustment for which the Commission is not responsible for the costs is known as a non-reimbursable adjustment. An adjustment for which the Commission and the utility share responsibility for costs is known as a partially reimbursable adjustment. Adjustments determined to be reimbursable or partially reimbursable by the Commission are to be completed under the terms of an agreement executed between the utility owner and the Commission.&lt;br /&gt;
&lt;br /&gt;
===643.2.8.1 Commission Responsibility===&lt;br /&gt;
====643.2.8.1.1 Utility Facilities Located on Private Easements====&lt;br /&gt;
When the utility facility is located on a private easement within the new right of way to be acquired for a future project, the Commission is responsible for the cost of the necessary adjustments to allow highway construction. It may be possible that such easement does not have written easement rights. The Commission will honor this oral right provided acceptable documentation is provided by the utility owner to the district utilities staff. An [https://epg.modot.org/forms/general_files/DE/NonwrittenEasementRights_Example.docx example of acceptable documentation for not written easement rights] is available. Other forms of documentation will be considered on an individual basis.&lt;br /&gt;
&lt;br /&gt;
=====643.2.8.1.1.1 Future Moves=====&lt;br /&gt;
When the utility facility is located on a private easement, taken into the Commission’s right of way, the Commission may agree that any future moves of the same utility by Commission order may be made at the Commission’s cost. Documentation of this agreement is by an Easement for Highway Construction (UT16) agreement. If the Commission provides a substitute private easement, then the Commission will have future obligations consistent with the utility facility’s status in an easement.&lt;br /&gt;
&lt;br /&gt;
====643.2.8.1.2 Utility Facilities Located within Commission Right of Way====&lt;br /&gt;
When the utility facility is located within Commission right of way, but has prior land rights, the Commission is responsible for the cost of adjustments to allow highway construction. The utility owner is responsible for documenting to the satisfaction of the district utilities staff, the basis for the claim of prior land rights within Commission right of way. Time spent researching prior rights is considered coordination and is reimbursable.&lt;br /&gt;
&lt;br /&gt;
====643.2.8.1.3 City or County Utility Facilities on City or County Streets====&lt;br /&gt;
When roadway improvements are within the corporate limits of cities, towns, and villages, a municipal agreement is negotiated between the Commission and the municipality. Likewise, when roadway improvements are within the limits of a county and outside the municipal limits, a county agreement is negotiated between the Commission and the County Commission. Included in these agreements are provisions regarding reimbursement for adjusting city or county owned utility facilities. Reimbursement is provided for adjustment of city or county owned utility facilities that are now located on city or county streets and not on Commission right of way.&lt;br /&gt;
&lt;br /&gt;
====643.2.8.1.4 Lumen====&lt;br /&gt;
Lumen – National (formerly CenturyLink, Lightcore, or Digital Telephone, Inc. (DTI)) and the Commission have entered into a partnership agreement, “Amended and Restated Fiber Optic Cable on Freeways in Missouri,” executed June 5, 2003 which obligates the Commission to be responsible for the cost of the necessary adjustments to allow highway construction along the routes identified in the agreement. A copy of the agreement is available to district utilities staff.&lt;br /&gt;
&lt;br /&gt;
====643.2.8.1.5 Services to the Commission====&lt;br /&gt;
When a utility facility provides a service connection to local Commission facilities such as power to traffic signals, lighting, ITS, and cathodic protection and phone drops to traffic signal controllers or other Commission facilities, the Commission is responsible for the cost of the necessary adjustments to allow highway construction.&lt;br /&gt;
&lt;br /&gt;
====643.2.8.1.6 Private Service Lines====&lt;br /&gt;
While most utility owners reconnect the private service lines at no cost to the property owner, some do not. If a utility owner does not reconnect service lines, MoDOT can include adjustment of private service lines in roadway contracts. Bid items for relocating service connections are provided for the different types of anticipated adjustments.&lt;br /&gt;
&lt;br /&gt;
====643.2.8.1.7 Second Moves====&lt;br /&gt;
If the Commission requires additional work to a utility facility after the facility has been relocated or adjusted in accordance with a plan of adjustment approved by the Commission for a single project number, the Commission is responsible for the cost of the additional work regardless of whether the initial adjustment was Commission responsibility as outlined in other parts of [[643.2_Local_Utility_Adjustments_-_Public_and_Private#643.2.8.1_Federalizing_Funds_for_Preliminary_Engineering|643.2.8.1]].&lt;br /&gt;
&lt;br /&gt;
The purpose of the policy is to encourage utilities to relocate early rather than waiting until plans are published for bidding. The policy eliminates the utility having to relocate twice at its own expense because of late changes in the design. It is best to have utilities relocated prior to construction, and this policy helps achieve that goal. Therefore, it is imperative that the designer notifies district utilities staff as soon as possible of any changes made after these plans have been sent. If notified immediately, it may be possible to inform the utility owner prior to their final design thereby eliminating a second move.&lt;br /&gt;
&lt;br /&gt;
Under this policy, the following are not considered second moves. Temporary and staged relocations necessary to accommodate construction and agreed upon by the utility and the Commission prior to relocation are considered a single move and are not subject to the provisions of the second move policy. If the Commission requires adjustment of a utility facility for which the utility owner is responsible for the cost of the adjustment and was originally determined to not need adjustment, the utility owner is responsible for the cost of the adjustment. The utility owner is responsible for the cost of additional work to any portion of the utility facility after the utility facility has been adjusted in accordance with a plan of adjustment approved by the Commission if the additional work is required by the Commission due to error by the utility owner in preparation of plan of adjustment, field location of, or construction of the adjustment of the utility facility.&lt;br /&gt;
&lt;br /&gt;
When evaluating construction contract changes by change order or value engineering, the impacts of the second move policy should be considered.&lt;br /&gt;
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===643.2.8.2 Utility Owner Responsibility===&lt;br /&gt;
====643.2.8.2.1 Utility Facilities Owned and Operated by a Political Subdivision====&lt;br /&gt;
When a utility facility is located within Commission right of way, but does not have prior land rights, the utility owner is responsible for the cost of the necessary adjustments to allow highway construction. When a utility facility is located on public right of way other than Commission right of way, the utility owner is responsible for the cost of the necessary adjustments to allow highway construction.&lt;br /&gt;
&lt;br /&gt;
When a political subdivision must bear part or all the cost of adjustments to their utility facilities, and the cost creates a financial hardship, the Commission, by its authorized representative, the Chief Engineer, may temporarily assume these costs. A payback agreement with the political subdivision will include an applicable interest rate for a comparable maturity from a widely published index of tax-exempt municipal rates obtained from Financial Services. Payback time will not exceed five (5) years.&lt;br /&gt;
&lt;br /&gt;
====643.2.8.2.2 Utility Facilities Other Than Those Owned by a Political Subdivision====&lt;br /&gt;
When a utility facility is on the right of way of a public road or street or on state highway right of way without prior land rights and adjustment is necessary to allow for the construction of a roadway improvement, the utility owner is responsible for the cost of the necessary adjustments to allow highway construction.&lt;br /&gt;
&lt;br /&gt;
===643.2.8.3 Shared Responsibility===&lt;br /&gt;
When a utility facility is located such that portions of it are a Commission responsibility and portions of it are a utility owner responsibility by the definitions above, the costs of the necessary adjustments to allow highway construction will be split by the Commission and the utility owner. If the exact cost for each party can be determined, each party will be responsible for their portion of the cost of relocating the utility facility. If the exact cost for each party cannot be determined, the parties will arrive at a percentage reimbursement on an equitable basis.&lt;br /&gt;
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===643.2.8.4 Notice of Hearing===&lt;br /&gt;
When relocation or other difficulties with utility facilities on public right of way arise that prevent resolution by negotiation, formal hearings will be required.&lt;br /&gt;
&lt;br /&gt;
The district initiates a request for a utility relocation hearing with a letter to the Chief Counsel’s Office (CCO) (a copy is provided to the Design Division) requesting a hearing date. CCO will arrange for a hearing room, court reporter, etc. and advise the district of the hearing date.&lt;br /&gt;
&lt;br /&gt;
The district will prepare the notice of hearing by strictly following the given format and serve the notice on all persons and utility owners listed. The property and utility owner must be served only by personal service or by mailing a certified letter, return receipt requested, no later than 15 days before the date of hearing. This will require the district to make every effort to identify the correct property owner before preparing the notice of hearing. To avoid delays, every attempt will be made to issue the hearing notice at least 30 days prior to the hearing date in case any property has changed ownership and any additional property owners must be served. A notice of hearing on service line connections will also be served on the private or public owner of the main or distribution line to which the service lines are connected. A notarized &amp;quot;Report of Personal Service&amp;quot; will be completed when notification by certified mail is not used.&lt;br /&gt;
&lt;br /&gt;
One copy of the hearing notice and attachments, &amp;quot;Report of Personal Service&amp;quot; and certified mail notices are to be submitted to CCO after notification is complete.&lt;br /&gt;
&lt;br /&gt;
Prior to the hearing, the district&#039;s representative will become familiar with the details of the utility adjustment in order to provide concise testimony to expedite the hearing process. CCO will assign an attorney to work with the district and present the case.&lt;br /&gt;
&lt;br /&gt;
Refer to 7 CSR 10-3.030 020 Utility Relocation Hearings for additional information.&lt;br /&gt;
&lt;br /&gt;
A Waiver of Hearing should be obtained for non-reimbursable adjustments to document the commitment of the utility owner to adjust its utility facilities without adversely impacting the highway construction project. This may be accomplished informally via written communications between the district utilities staff and the utility owner’s representative. A [https://epg.modot.org/forms/general_files/DE/WaiverOfHearingForm.docx formal Waiver of Hearing statement] may be requested by either MoDOT or the utility owner. A [https://epg.modot.org/forms/general_files/DE/WaiverOfHearingLetter.docx sample transmittal letter for the Waiver of Hearing] is available. For reimbursable or partially reimbursable adjustments, the formal agreement serves as the basis of documentation of this commitment.&lt;br /&gt;
&lt;br /&gt;
==643.2.9 Estimates==&lt;br /&gt;
District utilities staff will negotiate with utility owners to determine reimbursable costs of the necessary adjustments to allow highway construction ([[#643.2.8_Cost_Responsibility|EPG 643.2.8 Cost Responsibility]]). These estimates are prepared in accordance with the provisions of 23 CFR 645 and any amendment thereto. These estimates must reflect the same procedures and costs used by the utility owners in their normal operations and must also accurately represent the expected costs of the work. The utility owner’s estimate will be reviewed by the district utilities staff to ensure compliance with 23 CFR 645.&lt;br /&gt;
&lt;br /&gt;
===643.2.9.1 Independent Cost Estimate===&lt;br /&gt;
The independent cost estimate provides the basis for district utilities staff to review the utility owner’s estimate of costs of the necessary utility adjustments to allow highway construction and any subsequent negotiations with the utility owner. The district utilities staff should prepare an independent cost estimate. The independent cost estimate may be based on unit prices of anticipated items of work in a utility adjustment necessary to allow highway construction. The independent cost estimate alternately may be based on recent similar types of utility adjustments necessary to allow highway construction and scaled for size. Consultants can be used to develop the independent cost estimate. All documentation of the independent cost estimate should be placed in MoProjects.&lt;br /&gt;
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===643.2.9.2 Type of Project Cost Estimates===&lt;br /&gt;
Either Actual Cost or Lump Sum estimates may be used for estimating the costs on the necessary utility adjustments to allow highway construction. If an Actual Cost estimate is used, detailed records of materials, labor, and equipment are made by district utilities and/or construction staff during construction, and a final audit of the utility owner’s cost records is made to determine the Commission’s actual responsibility for costs of the adjustment completed to allow highway construction. If a Lump Sum estimate is used, a final audit of costs for an adjustment in payment is not required. The Actual Cost method requires more detailed record keeping and documentation by the utility owner and district staff during construction. The Lump Sum method requires more upfront detail and work by the utility owner and judgment on the district utilities staff on the acceptability of the cost. The district utilities staff will work with the utility owner’s representative to determine the best type of estimate and therefore agreement to use.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.2.1 Actual Cost Estimate====&lt;br /&gt;
The cost estimate that supports the actual cost agreement is prepared in sufficient detail to determine the reasonable expected cost of the work to support development of an agreement between the utility owner and the Commission. However, reimbursement is based on the actual costs of design and construction of the necessary adjustment to allow highway construction. The [https://epg.modot.org/forms/general_files/DE/ActualCostCostEstimate_Example.docx actual cost estimate] should detail all costs of the necessary adjustment to allow highway construction, even if the Commission is only responsible for a portion of the costs as detailed in EPG [[#643.2.8.3_Shared_Responsibility|643.2.8.3 Shared Responsibility]].&lt;br /&gt;
&lt;br /&gt;
[https://epg.modot.org/forms/general_files/DE/ActualCostCostEstimate_Example.docx Actual cost estimates] can be used for any dollar amount of reimbursement.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.2.2 Lump Sum Estimates====&lt;br /&gt;
The cost estimate that supports the lump sum agreement must be accurate, comprehensive, verifiable, and in sufficient detail to present a clear picture of the work involved and the cost of the individual items. The estimate may cover only that portion of the adjustment for which the Commission is responsible for the costs of the necessary utility adjustments to allow highway construction.&lt;br /&gt;
Lump sum estimates are limited to a maximum of $200,000 of Commission responsibility of costs of the necessary utility adjustments to allow highway construction; however, exceptions may be made for special situations that have prior approval from Design Division. These exceptions usually cover major relocations for which the Commission&#039;s proportionate responsibility is extremely small.&lt;br /&gt;
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===643.2.9.3 Utility Cost Estimate Requirements===&lt;br /&gt;
Whether using an Actual Cost or Lump Sum estimate, the following should be included in the estimate, if applicable. If any of the following sections are not included in the estimate, a qualifying statement as to why the costs were not included should be provided.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.1 Scope of Work====&lt;br /&gt;
All estimates require a concise summary of the work to be performed on the estimate. An example is &amp;quot;an estimate of cost covering the work of relocating Company&#039;s 12-inch Cushing-Woodriver pipeline to accommodate construction of Route 47 in Franklin County on Job No. J6P0172&amp;quot;.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.2 Engineering Costs====&lt;br /&gt;
Costs of engineering, whether preliminary or construction, must be shown as separate items and are not to be included with &amp;quot;labor costs&amp;quot;. Concurrent cost accounting procedures of FHWA and MoDOT make this a necessity. See [[#643.2.6_Preliminary_Engineering_Requirements|EPG 643.2.6 Preliminary Engineering]] and [[#643.2.16.2_Construction_Contract_Requirements|EPG 643.2.16.2 Construction Contract Requirements]] for further information.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.3 Right of Way Costs====&lt;br /&gt;
A detailed estimate of the cost to acquire replacement easements by the utility owner is required. The cost should be supported by a right of way plan.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.4 Material Costs====&lt;br /&gt;
Quantities, description of the item, the unit cost, and the extended totals are shown. Percentage computations will be shown immediately following &amp;quot;total cost&amp;quot; so the utility owner’s and Commission&#039;s cost obligations are properly indicated. Unit assembly costs similar to those used by several of the rural electric association (R.E.A.) cooperatives are acceptable, provided the same units and charges are used in the utility owner’s regular operations. A handling charge conforming with the utility owner’s regular procedures may also be included.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.5 Labor Costs====&lt;br /&gt;
Hours, individual or crew rates, and extended totals are shown. Payroll additives such as insurance, retirement, social security, vacation, and other benefits are shown as a separate item under this heading in accordance with utility owner’s regular procedures. Adequate explanation must be given for total percentage used, especially in those cases where materials and labor are combined as unit costs or where labor percentages include additives and equipment requirements.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.6 Equipment Costs====&lt;br /&gt;
A description of the equipment to be used must be shown jointly with the number of hours to be charged. Rates charged for equipment usage must be justified by the utility owner’s established accounting procedures. When the utility owner does not have an established accounting procedure or a capitalization and depreciation schedule that is used in its own operations, the rates are to be established by using rental rate publications as a guide. A reasonable amount will be deducted, when using rental rate schedules, for profit that the rental company realizes. A full explanation of the methods used in establishing the rates must also be submitted to support the utility owner’s request and with approval of the district utilities staff.&lt;br /&gt;
&lt;br /&gt;
Equipment may be rented when the utility owner’s equipment is not available or is inadequate, with the rental rate justified by appropriate solicitation of bids. See [[#643.2.16.2_Construction_Contract_Requirements|EPG 643.16.2 Construction Contract Requirements]] for further information.&lt;br /&gt;
&lt;br /&gt;
Unusual accounting procedures may be accepted with adequate prior explanations and approval of the Design Division.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.7 Removal Costs====&lt;br /&gt;
These costs are estimated and shown in a similar method but separately from installation costs. When removal costs exceed salvage credits by more than the estimated cost of removal by the roadway contractor, an effort should be made to persuade the utility owner to abandon the utility facilities in place. An exception is made when the utility owner is required to remove abandoned utility facilities because of liability, hazard, or by specific agreement with the Commission. Abandoned utility facilities can be included with the miscellaneous removals in the roadway contract. It may be possible for the utility owner to remove those portions of the utility facility for which credits will exceed removal costs, with the remainder of the utility facility to be abandoned for removal in the roadway contract. Materials removed must be itemized, with the utility owner’s customary salvage credit given. Items to be scrapped or junked should be indicated. Whenever a utility facility or portion thereof is shown to be abandoned on the plan of adjustment, the roadway plans should be notated accordingly. This eliminates ownership problems if these utility facilities are removed or salvaged by the roadway contractor.&lt;br /&gt;
&lt;br /&gt;
When the utility facility is no longer needed and removal is necessary to accommodate the roadway project, the removal of the item may be handled either as a right-of way-item or a utility adjustment. When handled as a right of way item, the damages allowed are to equal the depreciated value of the utility facility, with the necessary removals being accomplished by the roadway contractor. If accomplished as a utility adjustment, the Commission, by utility agreement, will reimburse the utility owner for removal costs and receive salvage credit for the material removed, up to but not exceeding removal costs.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.8 Salvage of Removed Materials====&lt;br /&gt;
This statement, to explain the salvage credit or lack of credit, will reflect routine utility owner policy as well as the particular situation. The utility owner will place a value on any recovered material for salvage. District utilities staff should check this value for reasonableness. Examples of salvage statements include:&lt;br /&gt;
* Existing utility facilities to be abandoned in place, since the cost of salvaging, based on our past experience, will exceed their value.&lt;br /&gt;
* Only those items will be salvaged for which salvage credit will exceed the cost of removal and salvage.&lt;br /&gt;
* Company liability requires removal of the retired utility facilities, even though the cost of removal will exceed allowable credit for salvage.&lt;br /&gt;
* Salvage credits are in accordance with established company accounting procedures.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.9 Accrued Depreciation Credits====&lt;br /&gt;
Credit is required for the accrued depreciation of a utility facility that is being replaced. Examples are a building, structure, pumping station, filtration plant, power plant, substation, or other similar operational unit. Credit for accrued depreciation will not be required for a segment of the utility&#039;s service, distribution, or transmission lines. It is also not required when the building or structure is being moved as necessitated by the highway project. Acceptable accrued depreciation credit will be determined by using the following formula:&lt;br /&gt;
&amp;lt;math&amp;gt;\frac{\text{Actual Length of Service of Replaced Facility (Years)}}{\text{Total Estimated Service Life of Replaced Facility (Years)}} x&amp;lt;/math&amp;gt;&amp;lt;span style=&amp;quot;font-family: &#039;Times New Roman&#039;, Times, serif; font-size: 130%;&amp;quot;&amp;gt; Original Cost ($) = Credit ($)&amp;lt;/span&amp;gt;&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.10 Betterment Credits====&lt;br /&gt;
Betterment means the upgrading of the utility facility being relocated, made solely for the benefit of and at the election of the utility owner and is not attributable to the roadway improvement. Credit to the Commission is required for the additional costs incurred for the betterments introduced in the adjusted utility facility. No betterment credit is required for additions or improvements which are:&lt;br /&gt;
* Required by the highway project&lt;br /&gt;
* Replacement devices or materials that are of equivalent standards although not identical&lt;br /&gt;
* Replacement of devices or materials no longer regularly manufactured with next highest grade or size&lt;br /&gt;
* Required by law under governmental and appropriate regulatory commission code&lt;br /&gt;
* Required by current design practices regularly followed by the utility owner in its own work, and there is a direct benefit to the highway project&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.11 Overhead Costs====&lt;br /&gt;
Overhead costs are usually a percentage of the total labor cost. This item must be in accordance with the utility owner’s established accounting procedures, which in some cases may include handling costs or be a percentage of the total cost of the work involved. Additional attention to overhead costs is required when the rate is different from previously accepted rates. Occasionally, it can be difficult to obtain the necessary information at the time of the estimate to approve the overhead rates. In this situation, the estimate can be approved with exception of the overhead rates for payment. The utility owner is informed of this matter with the understanding that the overhead rates could be approved and paid with submission of appropriate supporting data and Financial Services audit review.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.12 Prorating Costs====&lt;br /&gt;
The need for prorating utility adjustment costs occurs when both the Commission and the utility owner are responsible for a portion of the utility adjustment necessary to allow for highway construction, and the actual costs for reimbursement in each category cannot be explicitly determined. Generally, the following conditions require division of costs:&lt;br /&gt;
* The adjustment is considered partially reimbursable per [[#643.2.8.3_Shared_Responsibility|EPG 643.2.8.3 Shared Responsibility]]&lt;br /&gt;
* Betterments are included in the necessary adjustment of the utility facility&lt;br /&gt;
&lt;br /&gt;
The district utilities staff should negotiate with the utility owner’s representative to determine an equitable basis for the prorating of costs based on the characteristics of the utility adjustment necessary to allow for highway construction.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.13 Costs Records====&lt;br /&gt;
The estimate should include a statement as to where the utility owner’s cost records may be reviewed. An example: &amp;quot;Company cost records will be available in our office at 2134 Industrial Avenue, Tulsa, Oklahoma&amp;quot;.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.14 Other====&lt;br /&gt;
Additional statements will explain or further clarify the work that is included. Such other items may include bypasses, special equipment, need for larger utility facilities, etc.&lt;br /&gt;
&lt;br /&gt;
==643.2.10 Schedule==&lt;br /&gt;
Timely adjustments of utility facilities are essential for efficient completion of highway construction projects. Ideally, all utility adjustments are completed prior to a project’s Plans, Specifications, and Estimate (PS&amp;amp;E) submittal to Central Office. Depending on the specifics of the highway construction and utility adjustment necessary, early completion of the utility adjustment may not be practical. The district utilities staff should negotiate with the utility owner to determine the schedule parameters necessary for the utility adjustment. At a minimum, the utility owner should document the dates it anticipates starting and completing the work. If a utility adjustment depends upon the completion of a portion of the highway construction, the necessary milestone for starting the utility adjustment should be documented along with an anticipated number of working days to complete the utility adjustment. The schedule is included as Exhibit “C” to the agreement.&lt;br /&gt;
&lt;br /&gt;
==643.2.11 Pre-Audits==&lt;br /&gt;
The district utility staff performs a pre-audit review and approval prior to preparation of the agreement. A [https://epg.modot.org/forms/general_files/DE/PreAuditChecklist.docx pre-audit checklist] should be completed and saved in MoProjects.&lt;br /&gt;
&lt;br /&gt;
==643.2.12 Utility Agreements==&lt;br /&gt;
Whenever the Commission is responsible for the cost of the necessary adjustments to allow highway construction, an agreement is required. If a Master Reimbursable Utility Agreement (see [[#643.2.12.2_Master_Reimbursable_Utility_Agreements|EPG 643.2.12.2]]) has not been executed with the utility owner, a Project Specific Agreement (see [[#643.2.12.3_Project_Specific_Agreements|EPG 643.2.12.3]]) is executed between the utility owner and the Commission. In some cases, it may be more practical for the Commission to include adjustment of utilities into a Commission administered contract. A Utility Agreement - Actual Cost (For Utility Work That is to be Included in the Missouri Highways and Transportation Commission&#039;s Road Project) (see [[#643.2.12.4_Agreement_for_Utility_Work_Included_in_Roadway_Improvement_Project|EPG 643.2.12.4]]). Agreements include a plan of adjustment (Exhibit “A”), cost estimate (Exhibit “B”), and schedule (Exhibit “C”).&lt;br /&gt;
&lt;br /&gt;
The Utility Agreement boilerplate forms have been approved by the Chief Counsel’s Office (CCO). They are identified in the upper left-hand corner of each agreement by an identifier such as CCO Form: UT01 for the Master Reimbursable Utility Agreement. CCO updates these agreements as necessary. They serve as a guide in the preparation of the agreement to be executed with the utility owner for the adjustments required to their utility facilities to accommodate the proposed roadway improvement project. District utilities staff should use the latest version of the agreement found in [https://netprod3.dot.missouri/eAgreements/Search/QuickSearch eAgreements] in drafting an agreement with utility owners. A list of utility agreements and detailed information concerning the sequence for preparing and executing an agreement is available in EPG [[:Category:153_Agreements_and_Contracts|153 Agreements and Contracts]].&lt;br /&gt;
&lt;br /&gt;
These forms are to be used word for word. Revisions or additions are only made to address specific project details. The intent of each paragraph must be retained, although specific words may be revised to fit the particular situation. No paragraphs are deleted without prior approval from CCO. For guidance on acceptance of liability, refer to the [[:Category:153_Agreements_and_Contracts#153.1.1.2_Acceptance_of_Liability_Policy_(MoDOT_Access_Only)|Acceptance of Liability Policy]] at the CCO SharePoint page. Drafts of agreements having major revisions or complications are to be submitted, with supporting data, to Design Division for comment and approval.&lt;br /&gt;
&lt;br /&gt;
A reference to 23 CFR 645 is included in all agreements. Utility owners must be acquainted with these requirements and procedures. The incorporation of 23 CFR 645 by reference in all agreements eliminates the need for a second set of regulations to be included in the document.&lt;br /&gt;
&lt;br /&gt;
The agreement for the adjustment of a utility is prepared by the district utilities staff and submitted to the utility owner for execution. The agreement is based on the plan, estimate of cost which was prepared in accordance with 23 CFR 645, and schedule. Authorized individuals representing the utility owner will execute the agreement. The agreement must be signed, sealed, and if necessary, notarized by the utility owner. If the utility owner does not have or use a corporate seal, write &amp;quot;NO SEAL&amp;quot; under the signatures of the owner’s officers. Agreements with political subdivisions are to be supported by an appropriate ordinance, a copy of which is to be submitted with the executed agreements. All copies will be forwarded to the CCO for further handling. A fully executed copy of the agreement will be retained in eAgreements. If the agreement was executed using electronic signatures, the district utilities staff should forward an electronic copy of the fully executed agreement to the utility owner. If the agreement was executed using wet signatures, one (1) paper copy of the fully executed agreement will be returned by the Commission Secretary’s Office to the district utilities staff. The district utilities staff will forward this copy to the utility owner.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.1 Buy America Build America Requirements===&lt;br /&gt;
All agreements contain information on Buy America Build America (BABA) compliance. The utility owner should select the method of certification (See [[#643.2.19_Buy_America_Build_America_for_Utilities|EPG 643.2.19]]) at the time of agreement completion. The appropriate paragraph will be inserted into the agreement. All BABA compliance documents must be retained by the utility owner and made available upon request at no cost to the Commission and/or FHWA.&lt;br /&gt;
&lt;br /&gt;
====643.2.12.1.1 Utility Owner Self-Certification====&lt;br /&gt;
The City/Company certifies that when determining products/materials subject to Buy America Build America requirements to use in the performance of this Agreement, it shall use only such products/materials for which it has received a certification from its supplier, or provider of construction services that procures the product/material, certifying compliance with Buy America Build America requirements. This does not include products/materials for which waivers have been granted pursuant to 23 CFR 635.410. The City/Company will not be required to provide the Commission copies of the supplier certification as part of this Agreement or with the final invoice of said Commission’s Federal-Aid Highway Construction Project.&lt;br /&gt;
&lt;br /&gt;
====643.2.12.1.2 Vendor/Manufacturer Certification====&lt;br /&gt;
The City/Company certifies that when determining products/materials subject to Buy America Build America requirements to use in the performance of this Agreement, it shall use only such products/materials for which it has received a certification from its supplier, or provider of construction services that procures the product/material, certifying compliance with Buy America Build America requirements. This does not include products/materials for which waivers have been granted pursuant to 23 CFR 635.410. The City/Company shall provide to the Commission all Buy America compliance documents as outlined in the Commission’s Engineering Policy Guide 643. All required compliance documents shall accompany the final invoice submitted to the Commission.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.2 Master Reimbursable Utility Agreements===&lt;br /&gt;
The UT01: Master Reimbursable Utility Agreement (MRUA) is a statewide agreement that has been executed by the utility owner and the Commission for all future reimbursable utility adjustments between both parties. Once a MRUA is executed, no other utility agreements are required on design-bid-build projects. The district utilities staff should encourage utility owners to enter into a MRUA with the Commission to reduce potential future delays in executing a project specific agreement. A list of previously executed [https://modotgov.sharepoint.com/sites/DE/Utilities/Agreements/MRUA%20-%20Existing?csf=1&amp;amp;web=1&amp;amp;e=4LJHoa Master Reimbursable Utility Agreements (Modot Access Only)] is available. District utilities staff should add newly executed agreements to this list. The MRUA can be employed as either an actual cost ([[#643.2.12.3.1_Actual_Cost_Agreements|EPG 643.2.12.3.1]]) or lump sum ([[#643.2.12.3.2_Lump_Sum_Agreements|EPG 643.2.12.3.2]]) agreement. When the reimbursable adjustment will utilize a MRUA, the district utilities staff will prepare a MRUA correspondence letter (“letter agreement”) referencing the executed MRUA. A copy of the MRUA correspondence letter should be saved in MoProjects for reference by Financial Services, the district construction office, and the district staff responsible for inspection of utility adjustments. All project specific items such as type of agreement (actual cost or lump sum), plan of adjustment, estimated total cost, cost allocation, and schedule are addressed in the MRUA correspondence letter from the district utilities staff to the utility owner. A flowchart of the MRUA process is available.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.3 Project Specific Agreements===&lt;br /&gt;
If a utility owner does not have a MRUA with the Commission, a project specific agreement will be required for every project for which the Commission is responsible for the necessary adjustments to allow highway construction. The project specific agreement will be either an actual cost ([[#643.2.12.3.1_Actual_Cost_Agreements|EPG 643.2.12.3.1]]) or lump sum ([[#643.2.12.3.2_Lump_Sum_Agreements|EPG 643.2.12.3.2]]) agreement.&lt;br /&gt;
&lt;br /&gt;
====643.2.12.3.1 Actual Cost Agreements====&lt;br /&gt;
The UT03: Utility Agreement – Actual Cost is used when detailed estimates are not practical or costs appear to be questionable. Details on actual cost estimates can be found at [[#643.2.12.3.1_Actual_Cost_Agreements|EPG 643.2.9.2.1 Actual Cost Estimates]]. Once the final invoice on a UT03 is submitted to Financial Services, district utilities staff should change the status on the agreement in eAgreements to completed.&lt;br /&gt;
&lt;br /&gt;
====643.2.12.3.2 Lump Sum Agreements====&lt;br /&gt;
The UT02: Utility Agreement – Lump Sum eliminates the need for keeping detailed records of cost and the auditing of cost records. Estimates of cost must be prepared in detail for use of this agreement. When detailed estimates are not practical or costs appear unreasonable, actual cost agreements are to be used. Use of special forms of agreements, such as &amp;quot;subordination agreements&amp;quot;, which are desired by certain utility owners, is acceptable. These, too, must be revised to cover the particular situation. Details on lump sum estimates can be found at [[#643.2.9.2.2_Lump_Sum_Estimates|EPG 643.2.9.2.2 Lump Sum Estimates]]. Once the final invoice on a UT02 is submitted to Financial Services, district utilities staff should change the status on the agreement in eAgreements to “completed”.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.4 Agreement for Utility Work Included in Roadway Improvement Project===&lt;br /&gt;
The UT04: Utility Agreement - Actual Cost (For Utility Work That is to be Included in the Missouri Highways and Transportation Commission&#039;s Road Project) allows for the adjustment to be based on actual cost with the roadway contractor performing the utility work. Caution should be exercised in the type of utilities to be relocated in roadway contracts. Utilities recommended are waterlines and sewer lines. Other utilities, such as gas lines, communication lines, and power lines are to be studied thoroughly before being included in the project.&lt;br /&gt;
&lt;br /&gt;
The Transportation Project Manager and district utilities staff must plan ahead to get this work in the roadway contract. The utility owner must agree to include the utility adjustment in the roadway contract. The adjustment may be on highway right of way or on private easement in the name of the utility owner. The utility owner can agree to allow MoDOT’s contractor to work in its easement. However, district utilities staff in consultation with district right of way staff should review the easement documentation to verify the utility owner’s rights to the easement and any limitations on its use. MoDOT’s contractor can work and operate on both Commission right of way and on the utility easement, even when not directly connected to the Commission right of way, as part of the job site. Temporary construction easements may be necessary in addition to the utility easement to ensure adequate working room for the contractor.&lt;br /&gt;
&lt;br /&gt;
:The utility owner may request exemption to any liability for negligence of our contractor working on their easement. The Commission can assume that liability (refer to [[:Category:153_Agreements_and_Contracts#153.1.1.2_Acceptance_of_Liability_Policy_(MoDOT_Access_Only)|Acceptance of Liability Policy]]), but it should be included in the utility agreement if so desired by the utility owner. A Job Special Provision is necessary to require the MoDOT contractor to hold the utility harmless from all claims due to contractor negligence.&lt;br /&gt;
&lt;br /&gt;
Subsurface information, i.e. boring data, etc., should be obtained by the utility owner since it may be needed for the design of the utility adjustment. This information should be included in the plans. If the utility owner must bear all or part of the cost of the adjustment, the utility owner must agree to pay a pre-deposit to the Commission prior to opening bids on the project. This should be in the utility agreement. The pre-deposit will be credited to the &amp;quot;Missouri Highway and Transportation Commission - Local Fund.&amp;quot; Any interest earned in the fund will apply to the cost of the adjustments. The utility agreement will include language that the utility will inspect the installation and assume maintenance of the utility facility after construction. MoDOT will also provide engineering supervision to be sure the road contractor is in compliance with the contract. Utility plans and specifications are to be approved by the owner prior to submittal to the Central Office. The following items will provide minimum information to allow MoDOT’s contractor to bid the work.&lt;br /&gt;
# Individual bid items (not &amp;quot;lump sum&amp;quot;) should be established to promote better bidding and to handle overruns and underruns. Bid items not included on the Computer Stored Bid Item list should be &amp;quot;99&amp;quot; numbers.&lt;br /&gt;
# he bid package must be in our letting format. If the package was prepared by a consultant as if the utility owner were going to let it, all bid bond or bidding procedures must be screened to remove requirements contrary to MoDOT letting requirements. District utilities staff should work with the Transportation Project Manager, Design Liaison Engineer, and Central Office Bidding and Contract Services to ensure this requirement is met.&lt;br /&gt;
# The specifications required by the utility owner should be reviewed for items that could cause a bid problem for our contractor. Items such as non-readily available materials or sizes should be avoided.&lt;br /&gt;
# Utility plan sheets should be .pdf files equivalent to 22 in. x 34 in. It is helpful to have a quantity sheet specifically for utility items.&lt;br /&gt;
# Any special procedures required for the utility installation should be included in the Job Special Provisions.&lt;br /&gt;
# The utility package should be submitted on-time to Central Office with other project plans.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.5 Agreement for a Utility Only Project===&lt;br /&gt;
Any of the above agreements can be modified for a utility only project separate from the roadway project. The utility only project may be done by forces hired by the utility owner or by the Commission. A separate utility only project has distinct advantages when the following occurs:&lt;br /&gt;
* The utility work is extensive&lt;br /&gt;
* It must be performed in accordance with the utility owner’s seasonal requirements&lt;br /&gt;
* It extends beyond the limits of the construction project&lt;br /&gt;
* It must be performed considerably in advance of the roadway contract&lt;br /&gt;
&lt;br /&gt;
Necessary environmental and design work is still required for the limits of the separate utility only project. It may be necessary in these cases to have a second agreement with the utility owner to cover any other work that must be performed concurrently with the roadway contract. These latter agreements will use the roadway construction job number. Early need for utility projects is to be determined at the time when the STIP is updated each year. The utility construction funds will be shown in the year right of way funds are assigned. This will be done whenever possible to secure early adjustment of utility facilities. A request by the district is sent to the Planning Division. Estimated dollar amounts for utility adjustments are needed. These are estimates and do not need to be extremely accurate. When a special utility project is established, it is preferred, if at all possible, to include all the utility adjustments necessary for the entire roadway project. If funds are available, additional agreements can be added to this utility project until the final invoice for the first completed agreement is received for payment.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.6 Supplemental Agreements===&lt;br /&gt;
For utility owners with a UT01 agreement, a supplemental letter agreement documenting the change in the scope or cost of the work is acceptable.&lt;br /&gt;
&lt;br /&gt;
The UT05: First Supplemental Agreement is used to document changes to UT02 and UT03 agreements. If changes to the scope of work occur that are anticipated to exceed $100,000 or 15% of the original agreement, a UT05 is required. If the final invoice on an actual cost adjustment without changes in the scope of work exceeds the limits shown in the table below, a UT05 is required.&lt;br /&gt;
&lt;br /&gt;
{| class=&amp;quot;wikitable&amp;quot; style=&amp;quot;margin-left: 25px; text-align:center&amp;quot;&lt;br /&gt;
! Amount in Original Actual Agreement !! Final Bill Total Exceeds Original Amount by:&lt;br /&gt;
|-&lt;br /&gt;
| 0-$25,000 || 50%&lt;br /&gt;
|-&lt;br /&gt;
| $25,000-$100,000 || 40%&lt;br /&gt;
|-	&lt;br /&gt;
| Exceeds $100,000 || 30%&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
Should multiple UT05s be required with the same utility owner, the UT05 should be modified for additional supplemental agreements. Once the final invoice on an UT05 is submitted to Financial Services, district utilities staff should change the status on the agreement in eAgreements to “completed”.&lt;br /&gt;
&lt;br /&gt;
==643.2.13 Utility Adjustments in Roadway Plans and Job Special Provisions (JSPs)==&lt;br /&gt;
It is the responsibility of the MoDOT Transportation Project Manager (TPM) to ensure utility plans of adjustment are shown on the project plans at the Plan, Specification, and Estimate (PS&amp;amp;E) stage based upon information coordinated by the district utilities staff with the appropriate utility owner.&lt;br /&gt;
&lt;br /&gt;
===643.2.13.1 Plans===&lt;br /&gt;
A legend showing all applicable utility symbols and the names of the utility owners is shown on the first special utility sheet. In the absence of special utility sheets, this information may be shown on the title sheet or the first plan and profile sheet. The following note is required to be placed on the title sheet or the first plan and profile sheet and the first special utility sheet (if used) to inform contractors of the suitability of the utility information contained on the plans.&lt;br /&gt;
&lt;br /&gt;
&amp;quot;The existence and approximate location of utility facilities known to exist, as shown on the plans, are based on the best information available to the Commission at this time. This information is provided by the Commission &amp;quot;as-is&amp;quot; and the Commission expressly disclaims any representation or warranty as to the completeness, accuracy, or suitability of the information for any use. Reliance upon this information is done at the risk and peril of the user, and the Commission shall not be liable for any damages that may arise from any error in the information&amp;quot;.&lt;br /&gt;
&lt;br /&gt;
===643.2.13.2 Job Special Provisions===&lt;br /&gt;
Since the addition of utility information on the plans, supplied by a third party, could subject the Missouri Highway and Transportation Commission to additional liability, a Utility JSP reflecting the status of utility adjustments will be required. The JSP will include the name, address, e-mail address, and telephone number of all utility owner representatives for all utility facilities located on the project. The anticipated adjustment completion date for each utility adjustment is also to be shown based on the agreed upon dates, durations, or completion dates with the utility owner’s representative. This information will inform the bidder of the status of utilities for proper work coordination that could affect the bids for the proposed highway construction project. Status notations will include general notations such as: “N/A”, “Work is in progress”, “Work has not started”, “Work is complete”, and “Work is included in contract.”&lt;br /&gt;
&lt;br /&gt;
===643.2.13.3 PS&amp;amp;E Submittal===&lt;br /&gt;
In the District Final Plans Submittal Checklist (D-12), the TPM should note any issues related to existing utility facilities or the adjustment of utility facilities either shown or not shown on the plans. Projects with “No Utility Impacts” such as some overlays, striping, bridge washing, etc. do not need a Utility Status Letter or Utility JSP. The D-12 is used for these projects. In the D-12, under Project Details – “Utilities”, the note “NO” is selected and under “Status”, select “Clear”. For all other projects, the district utilities staff will write a Utility Status Letter. The TPM will include the Utility Status Letter with the submittal of the final plans to the Design Division. The Utility Status will be defined as:&lt;br /&gt;
# Utility facilities are present, but no conflict is anticipated with the highway construction project. Or,&lt;br /&gt;
# All utility facilities requiring adjustment to allow highway construction have been physically adjusted on the project. Or,&lt;br /&gt;
# Utility construction work is planned or active and will be completed to such a point that no impact will be expected to the highway construction project. The status of this work is defined in the utility JSP. Or,&lt;br /&gt;
# Utility facilities are not expected to be adjusted by the notice to proceed date for the road project, but the utility work will have no impact on the progress of the highway construction project. The status of this work is defined in the utility JSP. Or,&lt;br /&gt;
# Utility facilities must be adjusted after the road contractor completes stage construction or in coordination with the contractors’ work. Details of the coordination effort required of the contractor are defined in the utility JSP to properly advise bidders. Or,&lt;br /&gt;
&lt;br /&gt;
# Utility adjustment plans and specifications are included in the bid documents for the highway construction project. A UT04 agreement must be executed.&lt;br /&gt;
&lt;br /&gt;
==643.2.14 Payment to Utility Companies for Reimbursable Work==&lt;br /&gt;
Authorization and federal funding obligation must be approved prior to incurring costs. This applies to all types of work on utility facilities including preliminary engineering. An obligation is a commitment by the federal government to reimburse MoDOT for the federal share of a project’s eligible cost.&lt;br /&gt;
&lt;br /&gt;
===643.2.14.1 Obligation Process===&lt;br /&gt;
Federal funding can be used with both lump sum and actual cost agreements. After the utility agreement is fully executed, the district utilities staff will email a copy of the utility agreement or the letter agreement referencing the MRUA to the email group OBLIGATE. This email should request the authorization authority for use of federal funds and to be informed of a Notice to Proceed (NTP) (see [[#643.2.15_Notice_to_Proceed|EPG 643.2.15]]) date by Financial Services once federal funding has been obligated. District utilities staff should allow three (3) weeks to receive the NTP. Financial Services will use Advance Construction (AC) funding to fund reimbursement to utility owners. With AC funding, state funds initially are used to pay for reimbursement to utility owners. Once construction is complete, with appropriate documentation of the work via the [https://epg.modot.org/forms/general_files/DE/C-9.docx C-9] and [https://epg.modot.org/forms/general_files/DE/C-13.docx C-13], Financial Services will convert to federal funding.&lt;br /&gt;
&lt;br /&gt;
===643.2.14.2 Preliminary Engineering===&lt;br /&gt;
On occasion, preliminary engineering (PE) may need to be undertaken by the utility owner prior to the execution of a utility agreement. If a utility owner has a MRUA, an estimate of the cost of the PE work by the utility owner may be used to obligate funding for preliminary engineering under the MRUA as a PE only letter agreement. If a lump sum or actual cost agreement will be required with the utility owner for the project, district utilities staff should do two (2) agreements with one agreement covering PE only, and once a design for the adjustment is obtained, a second agreement for the construction of the adjustment should be executed. If a separate PE only agreement is obtained, NTP will need to be issued twice to the utility owner: once for PE and once for construction.&lt;br /&gt;
&lt;br /&gt;
===643.2.14.3 Right of Way===&lt;br /&gt;
Once Notice to Proceed has been given, the utility owner may begin the right of way acquisition process. If the utility owner needs to acquire right of way prior to a full agreement for relocation has been negotiated, the agreement specifically for the acquisition of right of way should be executed. This agreement will be sent to Financial Services to begin the obligation process.&lt;br /&gt;
&lt;br /&gt;
===643.2.14.4 Construction===&lt;br /&gt;
Payment to utility owners for construction of the adjustment may occur in a number of phases.&lt;br /&gt;
&lt;br /&gt;
====643.2.14.4.1 Prepayment====&lt;br /&gt;
Per the utility agreement, the Commission allows utility owners to be prepaid prior to commencing work. The district utilities staff may negotiate the prepayment if the utility owner is receptive. The utility owner will submit a request for prepayment with an invoice prior to any prepayment. Route, county, and job number must be included in the request. The district utilities staff will submit a request to Financial Services with a copy saved in MoProjects for future reference by the district staff responsible for inspection of the utility adjustment.&lt;br /&gt;
&lt;br /&gt;
====643.2.14.4.2 Progress Payments====&lt;br /&gt;
If a utility owner has not been prepaid the entire estimated amount in the utility agreement, then the utility owner may request progress payments after completing a portion of the proposed work, including PE.&lt;br /&gt;
&lt;br /&gt;
Progress payments for PE by consultants should not exceed the &amp;quot;maximum not to exceed amount&amp;quot; shown in the cost estimate unless additional costs are approved first by district utilities staff.&lt;br /&gt;
&lt;br /&gt;
For progress payments, the utility owner is required to submit only a summary of work and materials for which payment is claimed, not a detailed billing. District utilities staff should check only to be sure that sufficient work has been done to justify making the requested payment. Payment should be made for allowable costs incurred up to the date of the progress payment request.&lt;br /&gt;
&lt;br /&gt;
Progress payment invoices do not relieve the utility owner of the responsibility of submitting one complete and final invoice upon completion of the adjustment. The utility owner’s address must be shown on the invoice. The district utilities staff should submit progress payment invoices and applicable C-9s to Financial Services within one (1) week of receipt of invoice.&lt;br /&gt;
&lt;br /&gt;
One copy of the progress payment and one copy of the district utilities staff letter of recommendation must be sent to Financial Services for payment and be stored in MoProjects. The cover memo should include the project number, route, county, actual cost or lump sum utility agreement, Commission obligation percentage, total cost estimate of Commission obligation, and indicate the progress payment number, i.e., progress payment number 1, 2, 3, etc. If more than one progress payment is requested by the utility company, the district should submit progress payment bills to Financial Services in the following format:&lt;br /&gt;
{| class=&amp;quot;wikitable&amp;quot; style=&amp;quot;margin-left: 25px; text-align:center&amp;quot;&lt;br /&gt;
! Payment !! Amount&lt;br /&gt;
|-&lt;br /&gt;
| Progress Payment #1 || $50,000&lt;br /&gt;
|-&lt;br /&gt;
| Progress Payment #2 || 10,000&lt;br /&gt;
|-	&lt;br /&gt;
| Total Payment to Date || $60,000&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
This format will help clarify payment history with the utility owner. Progress payments for actual cost utility agreements may not exceed the Commission&#039;s total estimated cost shown in the agreement. However, if the request for a progress payment exceeds the original estimate, a change order with explanation should accompany the request. (See [[#643.2.16.5_Change_Orders|EPG 643.2.16.5 Change Orders]].)&lt;br /&gt;
&lt;br /&gt;
====643.2.14.4.3 Final Payment====&lt;br /&gt;
Utility owners are required to submit a detailed final invoice to MoDOT for all actual cost reimbursable utility work and for any lump sum reimbursable utility work that was not prepaid. For prepaid lump agreements, the utility owner must submit a zero-dollar ($0) invoice to demonstrate the work has been completed. After the utility work has been fully completed, the district utilities staff responsible for inspection should send the utility owner a “60 Day” [https://epg.modot.org/forms/general_files/DE/FinalInvoiceLetter.docx Final Acceptance Letter] requesting a complete final invoice within 60 days, as detailed in the utility agreement. If the final invoice is not received from the utility owner within 30 days, then a follow up letter should be sent (i.e., “30 Day” [https://epg.modot.org/forms/general_files/DE/FinalInvoiceReminderLetter.docx Reminder Final Invoice Letter]) reminding the utility owner of its obligation to submit a final invoice within 60 days of the completed work. If a final invoice from the utility owner is not received within this timeframe, then the district utilities staff should contact the Design Liaison Engineer for guidance on how to close out the work.&lt;br /&gt;
&lt;br /&gt;
The district utilities staff is expected to check the final bill within two (2) weeks after receipt in as much detail as possible against the C-9. It is their responsibility to verify from field records the quantities of labor, equipment, material used, material retired, and to justify all changes made. If the utility owner’s contractor made the adjustment at unit cost prices, then it is the district utility staff’s responsibility to verify the number of units completed and not the hours of labor and equipment. It is also important for the utility owner to show the words “final bill” or “final invoice” on the last bill, in order for MoDOT to understand that no additional charges will be made on the adjustment. The final bill must show a general description of the utility adjustment, the highway project number, the date on which work was completed or last item of billed expense was incurred, and the location where records can be audited. The order of items in the final statement should follow as closely as possible the order of items in the original estimate. A summary, on the utility owner’s letterhead, of the total cost of preliminary engineering, construction engineering, right of way, labor, overhead, construction travel expense, transportation, equipment, materials, supply, handling, and salvage credits should be shown in a way that will permit direct comparison with the approved estimate from the original or supplemental agreements (see [[#643.2.12.6_Supplemental_Agreements|EPG 643.2.12.6]]).&lt;br /&gt;
&lt;br /&gt;
If the Actual Cost final invoice shows a much higher cost than the original estimate without scope change, the utility owner is required to give reasons in a letter to the district utilities staff explaining why the invoice cost increased. When the Actual Cost final invoice exceeds the amount shown in the table in [[#643.2.12.6_Supplemental_Agreements|EPG 643.2.12.6]], a supplemental agreement is required.&lt;br /&gt;
&lt;br /&gt;
When the district utilities staff has determined that the final invoice is accurate, the C-13 should be completed. Once the C-13 is completed, the C-13 and the final invoice from the utility owner are forward to Financial Services. For Actual Cost agreements, the C-9s should also be included in this transmittal. If no additional payments are required, the district utilities staff should note this in the transmittal as well. If the final invoice indicates previous payments to a utility owner exceeded the final invoice, the utility owner will need to send MoDOT a check for the overpayment amount. The check should be made payable to Director of Revenue – Credit State Road Fund. If the utility owner did not send MoDOT an overpayment check with the final invoice, district utilities staff should send a letter to the utility owner requesting the refund amount. Submittal of the final invoice to Financial Services should not occur until repayment has been received. The submittal to Financial Services should note the receipt of the repayment check.&lt;br /&gt;
&lt;br /&gt;
==643.2.15 Notice to Proceed==&lt;br /&gt;
For PE only, once an agreement has been executed, and Financial Services has advised that authorization from FHWA has been received, district utilities staff will issue a notice to proceed (NTP) letter to the utility owner for the PE. For agreements that include PE and construction or once a final agreement for construction has been executed, right of way clearance has been issued, and Financial Services has advised that authorization from FHWA has been received, the district utilities staff will issue NTP to the utility owner for construction. See [https://epg.modot.org/forms/general_files/DE/NoticeToProceedExampleLetter.docx Example of Notice to Proceed Letter]. If salvage credit is part of the agreement with the utility owner, the NTP letter should include a statement that the utility owner will need to inform district utilities staff of the time and place that inspection may be made of the removed material. The utility owner may be held accountable for full value of materials disposed without proper notice. Utility owners may purchase materials prior to NTP for construction; however, no other work on the adjustment necessary to allow highway construction may begin prior to NTP for construction. The utility owner, for reasons of planning their workload or due to seasonal situations, may request early authorization to perform the work. This request, with the district utilities staff recommendations, is sent to the Design Liaison Engineer for further handling, approval, and advancement of the necessary funds. A copy of the NTP should be saved in MoProjects. If a utility owner begins adjustments prior to NTP for construction, district utilities staff should notify the utility owner immediately in writing that reimbursement will not be made for work done prior to NTP for construction.&lt;br /&gt;
&lt;br /&gt;
==643.2.16 Construction of Utility Adjustments==&lt;br /&gt;
===643.2.16.1 Utility Owner Self-Perform===&lt;br /&gt;
As per 23 CFR 645.115 Construction, it may be cost-effective for certain utility adjustments to be performed by a utility owner with its own internal forces and equipment, provided the utility owner is qualified to perform the work in a satisfactory manner. This cost-effectiveness finding covers minor work on the utility owner’s existing utility facilities routinely performed by the utility owner with its own forces.&lt;br /&gt;
&lt;br /&gt;
===643.2.16.2 Construction Contract Requirements===&lt;br /&gt;
When the utility owner is not adequately staffed and equipped to perform such work with its own forces and equipment at a time convenient to coordination with the associated highway construction, such work may be done one of four ways for utility adjustments:&lt;br /&gt;
# MoDOT can provide the construction services, via awarded contract to the lowest qualified bidder based on appropriate solicitation. This can be done by including the adjustment work in the roadway improvement project ([[#643.2.14_Payment_to_Utility_Companies_for_Reimbursable_Work|EPG 643.2.12.4 Utility Agreement for Utility Work Included in Roadway Improvement Project]]) or by having a utility only project ([[#643.2.12.5_Agreement_for_a_Utility_Only_Project|EPG 643.2.12.5 Utility Only Project]]).&lt;br /&gt;
# The utility owner can award a construction contract to the lowest qualified bidder based on appropriate solicitation.&lt;br /&gt;
# The utility owner can utilize an existing continuing contract, provided the costs are reasonable (see EPG 643.2.9.1 Independent Cost Estimate).&lt;br /&gt;
# The utility owner can contract for low-cost incidental work, such as tree trimming and the like, without competitive bidding, provided the costs are reasonable (see EPG 643.2.9.1 Independent Cost Estimate).&lt;br /&gt;
&lt;br /&gt;
When a utility owner chooses option 2 to award its own new construction contract, the utility owner must provide the following documents and information to the district utilities staff. These documents need to be provided as soon as the utility owner has chosen to pursue a construction contract. Document 1 must be supplied by all utility owners. Documents 2 and 3 are only required when the utility owner is a local government agency who is also a political subdivision of the state of Missouri (e.g., city-owned utilities, county-owned utilities). All other utility owners are encouraged, but not required, to provide Documents 2 and 3.&lt;br /&gt;
# A statement that the utility owner is not staffed or able to perform the required construction activities with its own forces.&lt;br /&gt;
# A copy of the request for proposal used to secure bids.&lt;br /&gt;
# A list of a minimum of 3 bidders whom they believe can do the work. &#039;&#039;&#039;Political subdivisions are required to advertise for the work&#039;&#039;&#039;.&lt;br /&gt;
# Upon review of these documents, the district utilities staff will advise the utility owner to proceed with the solicitation of bids, but the utility owner will not be permitted to award the contract without the concurrence of district utilities staff. For lump sum agreements, approval of contract work and subcontract work is not required.&lt;br /&gt;
&lt;br /&gt;
The following documents need to be provided as soon as the utility owner has determined the lowest qualified contractor and would like to award the project. Document 1 must be supplied by all utility owners. Document 2 is only required when the utility owner is a local government agency who is also a political subdivision of the state of Missouri (e.g., city-owned utilities, county-owned utilities). All other utility owners are encouraged, but not required, to provide Document 2.&lt;br /&gt;
# The name address of the lowest qualified contractor.&lt;br /&gt;
# The tabulation of bids received and other information to support their recommendation for award to the lowest qualified bidder.&lt;br /&gt;
&lt;br /&gt;
The district utilities staff will review and approve the utility owner&#039;s bid information prior to the award of the contract. The Design Liaison Engineer is available to assist the district with review of bid information if necessary. Once the district utilities staff provides concurrence, the utility owner may proceed with awarding the contract. When the utility owner is a local government agency who is also a political subdivision of the state of Missouri (e.g., city-owned utilities, county-owned utilities), a copy of the executed contract must be shared with the district utilities staff. All other utility owners are encouraged, but not required, to provide a copy of the executed contract.&lt;br /&gt;
&lt;br /&gt;
A checklist is available for reviewing contracts to ensure the contract conforms to MoDOT policy and complies with applicable federal regulations.&lt;br /&gt;
&lt;br /&gt;
When a utility owner chooses to utilize a an existing continuing contract, the utility owner will submit a copy of the contract to the district utilities staff. The district utilities staff will review the contract for reasonableness of cost. If district utilities staff and the utility owner’s representative cannot agree on the reasonableness of cost, then the utility owner will be required to award a new construction contract.&lt;br /&gt;
&lt;br /&gt;
===643.2.16.3 Inspection===&lt;br /&gt;
The degree of inspection needed for utility adjustments will vary considerably with the nature and location of the work and whether the Commission is responsible for any portion of the cost of reimbursement. Judgment must be used regarding the manner and regularity of inspection duties. Some phases of the work require a very close check to ensure that the highway will not be adversely affected and to ensure satisfactory performance of work in accordance with the agreement and plans. The degree of inspection may vary from spot checking of overhead installations to continuous close observation of backfilling trenches beneath proposed pavement, embankment area, or adjacent to bridge abutments. Proper inspection can ensure that the utility adjustment is completed as efficiently as possible to minimize future impacts to the utility facility and the highway construction project. A [https://epg.modot.org/forms/general_files/DE/UtilityFieldInspectionChecklist.docx Field Inspection Checklist] to assist district utilities staff responsible for inspection is available.&lt;br /&gt;
&lt;br /&gt;
If it is found that any actual cost reimbursable utility adjustment is being performed by unapproved contractors, district utilities staff should direct the work to stop. The utility owner’s representative should be informed immediately and should be advised in writing that the costs incurred by an unapproved contractor are not eligible for reimbursement under provisions of the agreement. The district utilities staff can take appropriate steps to approve a subcontract and advise when the utility owner can recommence work.&lt;br /&gt;
&lt;br /&gt;
===643.2.16.4 Documentation===&lt;br /&gt;
All documents related to the construction of the utility adjustment necessary to allow highway construction should be stored in MoProjects.&lt;br /&gt;
&lt;br /&gt;
Construction records must be kept to confirm that work is done in accordance with the terms of the agreement and in the manner proposed in the plans. The importance of a complete and accurate record cannot be overemphasized. Detailed records are necessary to support the recommendation for payment of the final invoice. A complete, separate daily record must be kept on each actual cost adjustment and submitted for review when the final invoice is recommended for payment. This district utilities staff responsible for inspection should complete the Daily Utility Report (C-9).&lt;br /&gt;
&lt;br /&gt;
====643.2.16.4.1 Utility Reports====&lt;br /&gt;
The Daily Utility Report ([https://epg.modot.org/forms/general_files/DE/C-9.docx Form C-9]) and the Final Utility Report ([https://epg.modot.org/forms/general_files/DE/C-13.docx Form C-13]) are used for documenting utility adjustments necessary to allow highway construction. The use of C-9s and C-13s will vary with method of reimbursement. For utility adjustments necessary to allow highway construction that overlap with the highway contractor’s work, progress records should be kept as necessary to coordinate the highway and utility construction activities. Sufficient records must be maintained to check and verify the items of labor, equipment, materials, and salvaged items as submitted on the final invoice.&lt;br /&gt;
&lt;br /&gt;
=====643.2.16.4.1.1 Daily Utility Report (C-9)=====&lt;br /&gt;
C-9s are only required for actual cost agreements. The district utilities staff responsible for inspection must in all cases keep records to document inclement weather, down time, and verbal authorization for minor changes. The district utilities staff responsible for inspection must complete a C-9 documenting the number and classification of employees and number of hours worked. Records of material used and of retired materials returned to stock or scrapped must be kept. The utility owner’s major items of equipment must also be recorded. When work is done by the contract method based on unit prices, the district utilities staff responsible for inspection should ascertain that units of work as provided in the bid proposal are measured and recorded to form a basis for checking the final invoice. C-9s should list the location and the number of units of work accomplished for that period. If contract labor or equipment is used by a utility owner on the basis of a bid per hour, per day, etc., it will be necessary to keep records on this labor or equipment time in the same manner as if the utility owner were performing the work with its own internal forces. District utilities staff responsible for inspection should also note all contractors working for the utility owner and the contractor approval authorization dates given in the agreement.&lt;br /&gt;
&lt;br /&gt;
=====643.2.16.4.1.2 Final Utility Report (C-13)=====&lt;br /&gt;
C-13s summarize that the utility adjustment work that was done in accordance with the agreement and plans, the percentage of total cost that is the responsibility of the Commission, and any progress payments that have been made. A C-13 is required for both actual cost and lump sum agreements. The requested numbers shown on line 9 (Commission Estimated Cost) and line 10 (Amount of Final Bill) in the report are the Commission’s total responsibility.&lt;br /&gt;
&lt;br /&gt;
====643.2.16.4.2 Breakdown and Emergency====&lt;br /&gt;
When breakdown and emergency situations occur, prior approval by MoDOT is not required for contract or equipment rental work unless the cost or period of time will be extensive. The utility owner should furnish a letter as soon as possible to explain the situation and set out the estimated costs involved. The district utilities staff’s records should substantiate the need and the changes for personnel and equipment.&lt;br /&gt;
&lt;br /&gt;
====643.2.16.4.3 Stop Work====&lt;br /&gt;
If at any point, a stop work order is given by MoDOT to a utility owner, written documentation of the stop work order should be saved in MoProjects.&lt;br /&gt;
&lt;br /&gt;
===643.2.16.5 Change Orders===&lt;br /&gt;
Any change in the plan of adjustment should be documented in writing to the utility owner as a change order. If the change order is anticipated to exceed $100,000 or 15% of the original agreement amount, district utilities staff should negotiate a supplemental agreement with the utility owner’s representative. Once a supplemental agreement is in place, district utilities staff should contact Financial Services to obtain an adjustment of the obligation mid-project. Change orders without supplemental agreements will be settled once the project is complete.&lt;br /&gt;
&lt;br /&gt;
====643.2.16.5.1 Actual Cost Agreement====&lt;br /&gt;
Slight modifications in quantities or the addition of minor items not included with the original agreement do not require a supplemental agreement. However, such changes should be documented in writing with the utility owner. A supplemental agreement is needed if costs exceed the above threshold or if there is a change in the percentage of cost that is the Commission’s responsibility on an agreement with shared responsibility for costs. Intermediate partial payments cannot be made on items in a supplemental agreement until the supplemental agreement is approved.&lt;br /&gt;
&lt;br /&gt;
====643.2.16.5.2 Lump Sum Agreement====&lt;br /&gt;
A supplemental agreement to a Lump Sum Agreement is only required for significant changes in the scope of work of the utility adjustment necessary to allow highway construction. Normal overruns are not considered as changes in approved work and will not be reimbursed. Significant changes in the scope of work on utility adjustments necessary to allow highway construction cannot be done until the supplemental agreement is approved, and the adjustment in obligation of funds is complete.&lt;br /&gt;
&lt;br /&gt;
==643.2.17 Utilities during Highway Construction==&lt;br /&gt;
The contractor is responsible for having utilities located by contacting Missouri One-Call (811) prior to any excavation on the project. A reminder of this responsibility should be made at the preconstruction meeting.&lt;br /&gt;
&lt;br /&gt;
===643.2.17.1 Preconstruction Meeting (Pre-Con)===&lt;br /&gt;
District utilities staff should be invited to all pre-cons.&lt;br /&gt;
&lt;br /&gt;
Pre-cons fall into three categories relating to utilities:&lt;br /&gt;
# No utility adjustments are anticipated within the project limits,&lt;br /&gt;
# All utility adjustments completed prior to the pre-con, and&lt;br /&gt;
# All utility adjustments not completed prior to the pre-con.&lt;br /&gt;
&lt;br /&gt;
====643.2.17.1.1 No Utility Adjustments Anticipated within the Project Limits====&lt;br /&gt;
For projects without a Utility Job Special Provision (JSP), no involvement of the utility owners is required at the pre-con. For projects with a Utility JSP, the Resident Engineer (RE) should invite all utility owner representatives listed in the JSP with known required adjustment to the pre-con. The RE should review potential impacts of the highway construction project with the contractor and the utility owner.&lt;br /&gt;
&lt;br /&gt;
====643.2.17.1.2 All Utility Adjustments Completed Prior to the Pre-Con====&lt;br /&gt;
The RE should invite all utility owner representatives listed in the JSP with known required adjustment to the pre-con. The RE should review potential impacts of the highway construction project with the contractor and the utility owner. A general discussion should highlight the previous adjustments made by the utility owner and what abandoned utility facilities the contractor may encounter.&lt;br /&gt;
&lt;br /&gt;
====643.2.17.1.3 All Utility Adjustments Not Completed Prior to the Pre-Con====&lt;br /&gt;
It is important for the RE and inspector to understand the utility owner’s work schedule and how it relates to the contractor’s work schedule. During the pre-con, the schedule of the utility owner and highway construction contractor should be discussed, and conflicts should be addressed to allow utility adjustments and highway construction to progress as near to the proposed schedule as possible. On large-scale projects that have many utility issues to address that could impact the work of the highway construction contractor, it may be necessary to have a separate pre-con with utility owner representatives.&lt;br /&gt;
&lt;br /&gt;
===643.2.17.2 Coordination Meetings===&lt;br /&gt;
When the utility work will not be completed soon after the preconstruction meeting, the RE should meet with district utilities staff, the highway construction contractor, and the utility owner representatives on a regular basis to discuss utility coordination issues, so expectations from all parties are known and conveyed clearly. The utility owner may need some work performed by MoDOT or the highway construction contractor prior to completing their adjustments. (Examples include: survey staking of right of way or proposed facilities, trees cleared, grading performed, or new structures built).&lt;br /&gt;
&lt;br /&gt;
==643.2.18 Service Drops==&lt;br /&gt;
Power and communication services provided by utility owners are necessary for the operation of the highway system. These services may include power to traffic signals, lighting, or ITS devices; power for cathodic protection; or telecommunication services to signal controllers or ITS devices. The project design teams should work with district utilities staff to identify proper locations for the applicable utility owners to provide these services. Various utility owners have different requirements for this process. The district utilities staff is encouraged to develop a workable relationship with the utility owners who provide these services to MoDOT. The costs of installing the services charged by the utility owner are considered a non-contractual item and should be accounted for in the project’s budget in the STIP. The proposed location and method for the service drops should be shown on the roadway plans. District utilities staff should meet with the utility owner’s representative to ensure the proposed location can be accommodated by the utility owner. For electrical service connections, the power supply assembly is ideally located a maximum of ten feet (10’) from the source location. Plans submitted for PS&amp;amp;E should reflect the agreed upon location for all service connections. During construction, district utilities staff and district construction staff should work together to ensure the placement of the services is consistent with the project plans. Payment for the service drops should be invoiced by the utility owner to the district. District utilities staff is responsible for submission of the invoice directly to Financial Services for payment noting the non-contractual charges for the project.&lt;br /&gt;
&lt;br /&gt;
==643.2.19 Buy America Build America for Utilities==&lt;br /&gt;
FHWA’s Buy America Build America (BABA) policies require a domestic manufacturing process for all steel or iron products, other construction materials, and manufactured products that are permanently incorporated into Federal-Aid Highway construction projects, including products and materials used for adjustments to utility facilities to allow highway construction. These guidelines are for all federally reimbursable transportation projects where FHWA is the lead federal agency; it does not take precedence over projects where Federal Transit Administration or the Federal Railroad Administration is deemed the be the lead federal agency.&lt;br /&gt;
&lt;br /&gt;
===643.2.19.1 Program Requirements for Utilities===&lt;br /&gt;
All MoDOT projects are federal-aid projects, and therefore, all reimbursable utility adjustments are required to follow the provisions of BABA. More information on MoDOT’s BABA policy and procedures can be found in [[106.9_Buy_America_Requirement|EPG 106.9 Buy America Requirement]]. Specifically, utility owners should be aware of the following procedures for determining applicability of the EPG 106.9 requirements to reimbursable utility adjustments necessary to allow highway construction:&lt;br /&gt;
* BABA does not apply when materials are relocated from one location to another within the project limits.&lt;br /&gt;
* BABA does not apply for materials necessary for temporary utility adjustments assuming materials are removed from the right of way upon completion of the utility adjustment to allow highway construction.&lt;br /&gt;
* Non-reimbursable work must be kept separate from reimbursable work (agreements, permits, etc.) in order to not be subject to BABA.&lt;br /&gt;
&lt;br /&gt;
===643.2.19.2 Certification Requirements for Utilities===&lt;br /&gt;
Utility owners have the option of choosing either to self-certify BABA compliance or provide vendor/manufacturer certification to MoDOT. The method of certification is chosen by the utility owner and is documented in either the MRUA or the project specific agreement. Regardless of agreement type or certification method, the utility owner must be compliant with BABA requirements.&lt;br /&gt;
&lt;br /&gt;
====643.2.19.2.1 BABA Utility Owner Self-Certification====&lt;br /&gt;
If a utility owner chooses to self-certify BABA compliance, the utility owner is not required to provide MoDOT copies of the supplier certification as part of the project documentation or with the final invoice for any reimbursable utility adjustment necessary to allow highway construction. Retention of all documents should be as described in the agreement.&lt;br /&gt;
&lt;br /&gt;
====643.2.19.2.2 BABA Vendor/Manufacturer Certification====&lt;br /&gt;
If a utility owner chooses to use vendor/manufacturer certification, the utility owner will supply MoDOT BABA compliance from all vendors and/or manufacturers. Certification from vendors will be signed by an authorized representative of the vendor on company letterhead or other acceptable documentation and will declare that all supplied materials subject to BABA requirements are fully compliant. Certification from iron or steel manufacturers must be in the form of a mill test report (MTF) issued and signed by the initial fabricator stating the materials subject to BABA were melted and manufactured in the United States. Other written statements on company letter or other acceptable documentation signed by an authorized representative of the manufacturer for any additional treatment to the fabricated material (such as blasting, galvanizing, painting, or coating) will state that all treatment processes occurred in the United States according to FWA guidelines. Retention of all documents should be as described in the agreement. Manufacturer certification for manufactured products or construction materials will state that all materials were sourced from the United States and were fabricated in the United States. Retention of all documents should be as described in the agreement.&lt;br /&gt;
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&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643.3 Reserved for Future Use &#039;&#039;PAGE TITLE&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;&lt;br /&gt;
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&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643.4 Railroads (NO CHANGE) &#039;&#039;PAGE TITLE&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;&lt;br /&gt;
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==236.5.12 Excess Land Conveyances &amp;amp; Relinquishments - Utilities==&lt;br /&gt;
All conveyances and relinquishments of Commission-owned property shall be evaluated for the existence of any utility facilities located within the areas to be conveyed or relinquished. A conveyance or relinquishment of Commission-owned property may have implications to the utility facilities, and the utility owners, when the Commission no longer controls the property. It is important to maintain the continuity of utility facilities for the general public; therefore, to identify and minimize potential impacts, MoDOT shall involve utility owners in the conveyance and relinquishment processes.&lt;br /&gt;
&lt;br /&gt;
===236.5.12.1 Excess Land Conveyances Utilities===&lt;br /&gt;
MoDOT shall only recommend that a property be declared excess upon satisfactorily addressing the utility impacts. Whether MoDOT or an external party initiates the conveyance of excess property, utility impacts shall be adequately addressed by using one of the following methods: &lt;br /&gt;
:1. Each utility facility will be relocated by permit into a new utility corridor retained by the Commission.&lt;br /&gt;
:2. Each utility facility will remain in place with the benefit of a non-exclusive permanent utility easement.&lt;br /&gt;
::&#039;&#039;If the Commission holds fee simple title to the property, the Commission shall convey a non-exclusive permanent utility easement to each utility owner&#039;&#039;.&lt;br /&gt;
::&#039;&#039;If the Commission holds a less than fee simple title interest in the property, MoDOT shall facilitate the conveyance of a non-exclusive permanent utility easement from the party acquiring the property to each utility owner&#039;&#039;.&lt;br /&gt;
:3. Each utility facility will be relocated to another portion of the property being conveyed.&lt;br /&gt;
::&#039;&#039;If the Commission holds fee simple title to the property, the Commission shall convey a non-exclusive permanent utility easement to each utility owner&#039;&#039;. &lt;br /&gt;
::&#039;&#039;If the Commission holds a less than fee simple title interest in the property, MoDOT shall facilitate the conveyance of a non-exclusive permanent utility easement from the party acquiring the property to each utility owner&#039;&#039;.&lt;br /&gt;
:4. Each utility facility will be relocated onto a portion of the property already owned by the party acquiring the Commission-owned property, with the benefit of a non-exclusive permanent easement. (MoDOT shall facilitate the conveyance of a non-exclusive permanent utility easement from the party acquiring the property to each utility owner.)&lt;br /&gt;
:5. A three-party negotiated settlement taking into consideration the overall value of the proposed transaction.&lt;br /&gt;
:6. Additional options to address utility impacts may be utilized with approval from the Asst. to the State Design Engineer - Right of Way.&lt;br /&gt;
&lt;br /&gt;
===236.5.12.2 Road Relinquishment Utilities===&lt;br /&gt;
MoDOT shall only recommend the relinquishment of roadways through the [[236.14 Change in Route Status Report|Change in Route Status Report]] upon satisfactorily addressing the impacts to utility facilities. If the roadway will be relinquished to a local public transportation authority, with the intent that it continues to be used as a public roadway, a clause similar to the following shall be included in the deed from the Commission to the local public transportation authority:&lt;br /&gt;
:&#039;&#039;&amp;quot;Grantee, by acceptance of this conveyance, covenants and agrees for itself, its successors and assigns, to allow known or unknown utility facilities currently located on the property, whether of record or not, to remain on the property, and to grant the current and subsequent owners of those facilities the right to maintain, construct and reconstruct the facilities and their appurtenances over, under, and across the land herein conveyed, along with the right of ingress and egress across the land herein conveyed to and from those utilities.&amp;quot;&#039;&#039; &lt;br /&gt;
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Proposed roadway relinquishments to private entities shall be reviewed in a manner consistent with the conveyance of excess property described in [[236.5 Property Management#236.5.3 Asset Management Committee|EPG 236.5.3 Asset Management Committee]].&lt;/div&gt;</summary>
		<author><name>Hoskir</name></author>
	</entry>
	<entry>
		<id>https://epg.modot.org/index.php?title=User:Hoskir/Revision_Request_4225&amp;diff=58879</id>
		<title>User:Hoskir/Revision Request 4225</title>
		<link rel="alternate" type="text/html" href="https://epg.modot.org/index.php?title=User:Hoskir/Revision_Request_4225&amp;diff=58879"/>
		<updated>2026-06-22T18:14:43Z</updated>

		<summary type="html">&lt;p&gt;Hoskir: /* 643.2.16.2 Construction Contract Requirements */&lt;/p&gt;
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&lt;div&gt;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643 Utility Procedures  &#039;&#039;CATEGORY&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt; &lt;br /&gt;
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| &#039;&#039;&#039;&amp;lt;center&amp;gt;&amp;lt;u&amp;gt;Additional Resources&amp;lt;/u&amp;gt;&amp;lt;/center&amp;gt;&#039;&#039;&#039;&lt;br /&gt;
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| ● [https://www.ecfr.gov/current/title-23/chapter-I/subchapter-G/part-64523 CFR 645]&lt;br /&gt;
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| ● [https://www.sos.mo.gov/cmsimages/adrules/csr/current/7csr/7c10-3.pdf7 CSR 10-30]&lt;br /&gt;
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&#039;&#039;&#039;Utility Accommodation Policy:&#039;&#039;&#039; State DOTs are required to develop policies and procedures pertaining to the use, accommodation, and/or relocation of public and private utility facilities on highway rights-of way using Federal-aid highway funds. State DOTs are required to develop, maintain, and obtain FHWA approval of their Utility Accommodation Policy (UAP) (23 CFR section 645.215). This EPG article 643 and subarticles 643.1 through 643.3 are Missouri Department of Transportation (MoDOT)’s Utility Accommodation Policy. Text in EPG 643 consolidates various federal and state statutes and rules into a single, cohesive, workable policy to outline processes for MoDOT staff and utility owners.&lt;br /&gt;
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&#039;&#039;&#039;Delegation of Work:&#039;&#039;&#039; Each MoDOT district is responsible for ensuring implementation of the UAP outlined in the subsequent EPG articles. Each district can create its own organization for whom is responsible for the work including between divisions and job titles. Work responsibilities within this article and subarticles are generic where possible. If a specific title is included, that title has sole responsibility for that item of work.&lt;br /&gt;
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&#039;&#039;&#039;643 documents not being used&#039;&#039;&#039;&lt;br /&gt;
[[media:144 Major Highway System 2022.pdf|major routes]]&lt;br /&gt;
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&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643.1 Utility Location  &#039;&#039;PAGE TITLE&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt; &lt;br /&gt;
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The information in this article provides a uniform system for regulating the location, construction, maintenance, removal, and relocation of utility facilities on the right of way of roadways located on the state highway system. It also provides for the facilitation of construction and maintenance of these roadways. Any location or relocation of utility facilities contrary to this information is an interference with the construction, maintenance, or operation of a state highway and its right of way and is prohibited.&lt;br /&gt;
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==643.1.1 Permits==&lt;br /&gt;
All utility owners are required to obtain a permit to work on Missouri Highway and Transportation Commission (Commission) right of way. A permit is required for original installation of the utility facility, on-going maintenance of the utility facility, or adjustments to a utility facility necessary to allow highway construction. Per [[127.29_Stormwater#127.29.4.3_MCM_3:_Illicit_Discharge_Detection_and_Elimination_(IDDE)_Program|EPG 127.29.4.3]], discharges of anything other than stormwater are not permitted. A deposit or bond is required to ensure completion of the work in accordance with the permit issued. An [https://www.modot.org/permits application for a permit] may be made on established forms specifically stating the nature of the work to be performed. Applications for permits may be obtained at any of the [https://www.modot.mo.gov/ seven (7) district highway offices] of the Commission, [https://www.modot.mo.gov/ MoDOT&#039;s website], or by requesting it from the office of the Missouri Highways and Transportation Commission in Jefferson City, Missouri. The application for a permit will specifically state the nature of the work to be performed, what specific type of utility facility is to be installed, and, if necessary, the timeframe of any temporary use. Piping of any type of sewage or waste will only be allowed providing any permitting by a regulatory agency, such as Missouri Department of Natural Resources, can be provided. Prior to obtaining a permit through MoDOT’s permit system, a utility owner will be required to provide a bond to ensure satisfactory work and complete a TR50 Electronic Signature Agreement with the Commission. The name of the utility owner must match on the bond, TR50, and in the permit system. More information on permitting can be found in [[:Category:941_Permits_and_Access_Requests|EPG 941]].&lt;br /&gt;
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===643.1.1.1 Emergency Work===&lt;br /&gt;
When emergency operations work is necessary, the damaged utility facility may be accessed immediately and without a permit by leaving the pavement at such points as may be necessary to effect emergency repairs, provided immediate notice is given to the Missouri State Highway Patrol and the district utilities staff for the district wherein the work will be performed, and a permit for emergency operations is requested immediately upon discovery of the need for emergency operations. A permit for emergency operations work is to be obtained as soon as practical, but in no event later than two (2) working days after the emergency operations work has commenced. Emergency operations include, but are not limited to, unplanned work in response to utility facilities being so damaged as to constitute an emergency situation directly affecting or endangering traffic on the highway or public health or safety.&lt;br /&gt;
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===643.1.1.2 Third-Party Inspection===&lt;br /&gt;
When a utility owner has a large number of projects in a given area or projects involving great complexity, MoDOT reserves the right to limit the number of permits open at any given time. With approval of the district utilities staff, a utility owner may hire a third-party inspector, at their cost. The third-party inspector will allow the utility owner to increase the number of permits open at any given time. The responsibility of the third-party inspector will be to ensure the installation of the utility facility proceeds in a manner consistent with the plans approved in the permit, including all work zone requirements and conformity with MoDOT’s Standards and Specifications. The MoDOT approved third-party inspector will be listed in the permit. MoDOT may audit third-party inspections and revoke the right to use third-party inspections should the inspectors fail to perform their duties.&lt;br /&gt;
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===643.1.1.3 Abandoned Utility Facilities===&lt;br /&gt;
All utility facilities installed in Commission right of way are the property of the utility owner whether the utility facility is active or inactive. MoDOT may allow a utility facility to remain on Commission right of way whether the utility facility was abandoned for a MoDOT project or at the utility owner’s discretion. MoDOT may place requirements (such as removing inactive fiber optic cables, grouting pipes, removing valves) on the utility owner as part of the process of abandoning a utility facility. Liability for damage to Commission right of way due to an abandoned facility remains the responsibility of the utility owner. In the event MoDOT requires the removal of the abandoned utility facility, responsibility for the cost of the removal will be determined per [[643.2_Local_Utility_Adjustments_-_Public_and_Private#643.2.8_Preliminary_Engineering_(PE)_Requirements|EPG 643.2.8]].&lt;br /&gt;
&lt;br /&gt;
==643.1.2 Definitions==&lt;br /&gt;
&#039;&#039;&#039;Bridge Attachment:&#039;&#039;&#039; A bridge attachment is any utility facility, including communication lines and electrical lines, or any other utility facility of a similar nature that is fastened to a bridge for the purpose of spanning an obstacle.&lt;br /&gt;
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&#039;&#039;&#039;Clear zone:&#039;&#039;&#039; The total roadside border area starting at the edge of the traveled way, available for safe use by errant vehicles. This area may consist of a shoulder, a recoverable slope, a non-recoverable slope, and/or the area at the toe of a non-recoverable slope available for safe use by an errant vehicle. Clear zone dimensions are provided in the current edition of American Association of State Highway Transportation Officials Roadside Design Guide.&lt;br /&gt;
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&#039;&#039;&#039;Ditch Line:&#039;&#039;&#039; A line where the roadway ditch meets the back slope. It is located at the lowest point of a V-bottom ditch or furthest point from the roadway of a flat bottom ditch where the roadway slopes back to the existing ground line.&lt;br /&gt;
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&#039;&#039;&#039;Duct:&#039;&#039;&#039; An enclosed tubular casing, or raceway, for protecting wires, lines, or cables that is often flexible or semi-rigid (1-3% diametric deflection). The casing, or raceway, is separate from the cable or conductor that passes through it.&lt;br /&gt;
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&#039;&#039;&#039;Encasement:&#039;&#039;&#039; The term encasement means the placing of an installation around and outside of an underground facility consisting of a larger conduit that permits the removal and replacement of the facility. An alternate to the conduit type encasement is reinforced concrete poured around the utility facility. Utility owners are allowed to use any types of material as a carrier and encasement for its facilities as expressly provided for in the permit issued for the installation of the utility facility.&lt;br /&gt;
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&#039;&#039;&#039;Freeway:&#039;&#039;&#039; A divided arterial highway with full control of access.&lt;br /&gt;
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&#039;&#039;&#039;Highway:&#039;&#039;&#039; Any public way for vehicular travel, including the entire area within the right of way and related facilities constructed or improved and maintained by the Missouri Highways and Transportation Commission (MHTC) acting through the Missouri Department of Transportation (MoDOT).&lt;br /&gt;
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&#039;&#039;&#039;Interchange Limits:&#039;&#039;&#039; For the uniform handling of utility installations only, the limits of an interchange are the outside ramp curve points. See [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_1_TypicalInterchangeLimits_AOD.pdf EPG Figure 643.1.1] for an example.&lt;br /&gt;
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&#039;&#039;&#039;Interstate System or Other Freeways/Expressways:&#039;&#039;&#039; Interstate highways and highways with fully controlled access.&lt;br /&gt;
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&#039;&#039;&#039;Major Routes (Interstates, Freeways/Expressways and Principal Arterials):&#039;&#039;&#039; The major highway system is all routes functionally classified as principal arterials. The principal arterial system provides for statewide or interstate movement of traffic. The major roads in Missouri total approximately 5,500 centerline miles.&lt;br /&gt;
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&#039;&#039;&#039;Minor Routes:&#039;&#039;&#039; The minor highway system is all routes functionally classified as minor arterials or collectors. These routes mainly serve local transportation needs. The minor roads in Missouri total approximately 28,400 centerline miles.&lt;br /&gt;
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&#039;&#039;&#039;Normal Right of Way Line:&#039;&#039;&#039; An imaginary line that connects sudden breaks in the major right of way points for roadways. Sight distance right of way points (triangles) at roadway intersections are not to be considered as sudden breaks for determining normal right of way.&lt;br /&gt;
[[File:fig_643.1.2-06_2026.jpg|none|700px|thumb|Figure 643.1.2 Normal Right of Way Line.]]&lt;br /&gt;
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&#039;&#039;&#039;Private Lines:&#039;&#039;&#039; Privately owned utility facilities which convey or transmit the commodities outlined in the definition of utility facility of this section but devoted exclusively to private use.&lt;br /&gt;
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&#039;&#039;&#039;Scenic Enhancement Areas:&#039;&#039;&#039; Scenic enhancement areas include areas acquired or so designated as scenic strips, overlooks, rest areas, recreation areas, and the right of way of adjacent roadways and the right of way of roadways that pass through public parks and historic sites as described under 23 USC 138.&lt;br /&gt;
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&#039;&#039;&#039;Utility Corridor:&#039;&#039;&#039; An area established for the placement of utility facilities parallel to the normal right of way line.&lt;br /&gt;
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&#039;&#039;&#039;Utility Facility:&#039;&#039;&#039; Privately, publicly, or cooperatively owned line, facility, or system for producing, transmitting, or distributing communications, cable television, power, electricity, light, heat, gas, oil, crude products, water, steam, waste, storm water not connected with highway drainage or any other similar commodity, including any fire or police signal system or street lighting system which directly or indirectly serves the public and does not include privately owned facilities devoted exclusively to private use. The term &amp;quot;utility facility&amp;quot; includes those facilities used solely by the utility owner that are a part of its operating plant.&lt;br /&gt;
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&#039;&#039;&#039;Utility Owner:&#039;&#039;&#039; The utility owner is the utility company, inclusive of any wholly owned or controlled subsidiary, or city or county which owns utility facilities. The term also includes those government agencies that lease a utility facility for its own use or otherwise dedicated solely to governmental use.&lt;br /&gt;
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&#039;&#039;&#039;Variance:&#039;&#039;&#039; A one- (1-) time deviation from the requirements for location or relocation of utility facilities on the right of way of highways in the state highway system as established in [https://www.sos.mo.gov/cmsimages/adrules/csr/current/7csr/7c10-3.pdf Title 7 Code of State Regulations 10-3], requested by the utility, and approved by a MoDOT District Design Engineer.&lt;br /&gt;
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==643.1.3 Location of Utility Facilities==&lt;br /&gt;
Utility facilities paralleling the roadway should be installed in the utility corridor except as outlined below. The utility corridor is the space for all utility owners generally within six feet (6’) of the normal right of way line. When considering if the current utility corridor is available to expand from six feet (6’) to as much as twelve feet (12’), MoDOT determines if the expansion is warranted. In making the determination, MoDOT will consider the existing utilization of the original six feet (6’) corridor. Poles must remain within two feet (2’) of the normal right of way line unless approved by a variance. The utility corridor will only be expanded beyond six feet (6’) if the original six feet (6’) corridor is fully utilized and additional space would be required to accommodate additional utility facilities. Acquisition of additional right of way to establish a twelve feet (12’) corridor is not required on highway construction projects. For depths for underground utility facilities, see [[#643.1.4.1_Minimum_Cover_for_Underground_Facilities|EPG 643.1.4.1]].&lt;br /&gt;
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Utility facilities crossing the roadway should be installed as close to ninety degrees (90°) to the centerline of the roadway as possible and based on the guidelines below depending on the type of roadway. See [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_3_TypicalUtilityCorridor-InterchangeatMajorRoute_AOD.pdf EPG Figure 643.1.3] and [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_4_TypicalUtilityCorridor-InterchangeatMinorRoute_AOD.pdf EPG Figure 643.1.4] for typical utility corridors around interchanges.&lt;br /&gt;
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===643.1.3.1 Interstate System or Other Major Freeways/Expressways===&lt;br /&gt;
The installation of all utility facilities on highways of the Interstate System or other major freeways/expressways with fully controlled access are to be installed, serviced, and maintained without entering or leaving the roadway and ramps except at points approved by MoDOT for that purpose and without parking any equipment or storing materials upon the medians, roadway and ramps, or shoulders of the roadways. Cutting or damaging the pavement or paved shoulders is not permitted. New service connections to existing parallel utility facilities are to be permitted only where an outer roadway exists and then only where access is permitted by the Commission. Careful consideration will be given to the location of guys, anchors, braces, and other supports. Generally, good design practice will provide that appurtenances be located at right of way jogs, along intersecting road right of way, or at other similar acceptable locations, so that encroachment is held to an absolute minimum.&lt;br /&gt;
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No utility facilities will be permitted within the interchange limits of an interchange between fully limited access highways where planned or existing. Utility facilities within the interchange limits of an interchange with a non-access controlled highway will be permitted only along the minor road, provided that all construction, service, and maintenance can be performed from the minor road. Manholes and poles must be located beyond the ramp termini.&lt;br /&gt;
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For structures carrying or over interstates or other major freeways/expressways, see [[#643.1.5_Bridge_Attachment_Policy|EPG 643.1.5]].&lt;br /&gt;
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====643.1.3.1.1 Utility Facilities Crossing the Interstate or Other Major Freeways/Expressways====&lt;br /&gt;
=====643.1.3.1.1.1 Overhead Crossings of the Interstate or Other Major Freeways/Expressways=====&lt;br /&gt;
Overhead crossings of utility facilities are permitted only for power transmission and distribution lines and for multiple circuit communication lines where an underground installation is not economically feasible. Supports for existing utility facilities crossing overhead may remain on the right of way provided they are near the right of way line regardless of the presence of an outer road. Supports for new overhead utility facilities crossing overhead may be located on the right of way near the right of way line where an outer roadway exists and are to be located off the right of way where no outer roadway exists. Overhead service crossings are only permitted in isolated cases for residential or commercial establishments when the denial of the crossing would require construction of more than 1,200 feet (1,200’) of utility line to provide the service. Main or distribution line crossings are required to serve a general area other than isolated cases.&lt;br /&gt;
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=====643.1.3.1.1.2 Underground Crossings of the Interstate or Other Major Freeways/Expressways=====&lt;br /&gt;
Underground crossings of utility facilities are to be continuously encased under the pavement, medians, ramps, and shoulders with the casing extending to the toe of the fill slopes or to the ditch line. In curbed sections, encasement should extend outside the outer curb of the roadways a distance equal to the depth of the encasement at the curb line. Where installed by open trench through unpaved areas, detector tape should be placed approximately one foot (1&#039;) above the encasement. Where an interstate or other major freeway has a parallel outer roadway, encasement should be continuous under all roadways within the right of way.&lt;br /&gt;
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Manholes or vent pipes are to be located at the right of way line or adjacent to the outer roadway.&lt;br /&gt;
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For fiber optic cable, encasement should extend from within six feet (6&#039;) of one right of way line to within six feet (6&#039;) of the other right of way line.&lt;br /&gt;
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Exceptions may be made for encasement as listed in [[#643.1.4.2_Exceptions_to_Encasement|EPG 643.1.4.2]].&lt;br /&gt;
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=====643.1.3.1.1.3 Parallel Installations along the Interstate or Other Major Freeways/Expressways=====&lt;br /&gt;
New parallel installations on the right of way may be permitted only where an outer roadway exists, provided that poles are within two feet (2&#039;) of the normal right of way line and underground utility facilities are within the utility corridor, and provided that the utility facility can be installed and maintained between the outer roadway and the right of way line. Existing overhead or underground utility facilities that parallel an existing roadway which will be incorporated into a completed highway as an outer roadway may remain in place if all maintenance and service can be performed from an outer roadway and the existing location does not interfere with construction, maintenance, or operation of the completed highway. If an existing parallel utility facility needs to be relocated so as to not interfere with the construction, maintenance, or operation of the completed interstate or other major freeway, poles may be located withing five feet (5’) of the right of way line.&lt;br /&gt;
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Underground utility facilities are expected to be buried within the utility corridor of sight distance triangles (SDTs) at roadway intersections unless granted a variance. Overhead utility facilities may be allowed to span intersecting roadways with SDTs provided the poles, or supports, are located outside the SDT.&lt;br /&gt;
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=====643.1.3.1.1.4 Sanitary Sewers within the Right of Way of Interstates or Other Major Freeways/Expressways=====&lt;br /&gt;
New installations of sanitary sewers should follow the applicable guidelines for either underground crossings or parallel installations as appropriate. Existing gravity trunk sanitary sewers should be considered individually and removed or left in place contingent upon its age, condition, feasibility of moving, and maintenance access. Encasement of existing trunk sewers left in place may be required for questionable condition, protection during construction, or heavy fills.&lt;br /&gt;
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Manholes should be relocated to the right of way lines or adjacent to an outer roadway.&lt;br /&gt;
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===643.1.3.2 Major Routes===&lt;br /&gt;
For structures carrying or over major routes, see [[#643.1.5_Bridge_Attachment_Policy|EPG 643.1.5]].&lt;br /&gt;
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====643.1.3.2.1 Major Routes with Partially Controlled Access Right of Way====&lt;br /&gt;
The installation of all utility facilities on highways with partially controlled access right of way are to be installed, serviced, and maintained without entering or leaving the roadway and ramps except at points approved by MoDOT for that purpose and without parking any equipment or storing materials upon the medians, roadway and ramps, or shoulders of the roadways. Cutting or damaging the pavement or paved shoulders is not permitted. Equipment or materials stored within the right of way must be protected by longitudinal barrier or be located outside the clear zone. New service connections to existing parallel utility facilities are to be permitted only where granted by the Commission.&lt;br /&gt;
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No utility facilities will be permitted within the interchange limits of an interchange between fully limited access highways where planned or existing. Utility facilities within the interchange limits of an interchange with a non-access controlled highway will be permitted only along the minor road, provided that all construction, service, and maintenance can be performed from the minor road. Manholes and poles must be located beyond the ramp termini.&lt;br /&gt;
&lt;br /&gt;
====643.1.3.2.2 Major Routes with Normal Access Right of Way====&lt;br /&gt;
All new utility facilities will be installed and maintained without cutting or damaging the pavement or paved shoulders except in the event underlying rock formations or other obstructions are encountered that prevent boring or pushing operations. A variance may be granted for pavement cuts when the need is established. Pavement cuts may only be made by permits issued when it is impractical to otherwise service and maintain the facility. The installation of all utility facilities is to be installed without parking any equipment or storing materials upon the medians, roadway and ramps, or shoulders of the roadways. Equipment or materials stored within the right of way must be protected by longitudinal barrier or be located outside the clear zone.&lt;br /&gt;
&lt;br /&gt;
====643.1.3.2.3 Utility Facilities Crossing Major Routes====&lt;br /&gt;
=====643.1.3.2.3.1 Overhead Crossings of Major Routes=====&lt;br /&gt;
Supports for utility facilities crossing overhead should be located as near the right of way line as possible. For major routes with controlled access right of way, new overhead service crossings may be permitted in isolated cases for residential or commercial establishments where the denial of such crossings would require the construction of more than 1,200 feet (1,200’) of utility line to provide the same service. For major routes with normal access right of way, there is no restriction on the placement of service crossings.&lt;br /&gt;
&lt;br /&gt;
=====643.1.3.2.3.2 Underground Crossings of Major Routes=====&lt;br /&gt;
Underground crossings of utility facilities are to be continuously encased under the pavement, medians, ramps, and shoulders with the casing extending to the toe of the fill slopes or to the ditch line. In curbed sections, encasement should extend outside the outer curb of the roadways a distance equal to the depth of the encasement at the curb line. Where installed by open trench through unpaved areas, detector tape should be placed approximately one foot (1&#039;) above the encasement. Where a major route has a parallel outer roadway, encasement should be continuous under all roadways within the right of way.&lt;br /&gt;
&lt;br /&gt;
Manholes or vent pipes are to be located at the right of way line or adjacent to the outer roadway.&lt;br /&gt;
&lt;br /&gt;
For fiber optic cable, encasement should extend from within six feet (6&#039;) of one right of way line to within six feet (6&#039;) of the other right of way line.&lt;br /&gt;
&lt;br /&gt;
Exceptions may be made for encasement as listed in [[#643.1.4.2_Exceptions_to_Encasement|EPG 643.1.4.2]].&lt;br /&gt;
&lt;br /&gt;
====643.1.3.2.4 Parallel Installations along Major Routes====&lt;br /&gt;
New parallel installations on the right of way may be permitted provided that poles are within two feet (2&#039;) of the normal right of way line and underground utility facilities are within the utility corridor. Existing overhead or underground utility facilities that parallel an existing roadway which will be incorporated into a completed highway may remain in place if all maintenance and service can be performed without entering or leaving the roadway except at approved access points; without parking equipment or storing materials on the median, pavement, ramps, or shoulders; and the existing location does not interfere with construction, maintenance, or operation of the completed highway. If an existing parallel utility facility needs to be relocated so as to not interfere with the construction, maintenance, or operation of the completed highway, poles may be located withing five feet (5’) of the right of way line.&lt;br /&gt;
&lt;br /&gt;
Existing steel pipe transmission and distribution facilities for gaseous petroleum products that parallel an existing roadway that will be incorporated into the completed roadway may be left in place subject to an agreement by the utility owner that maintenance or service and facility expansion will be performed without cutting or damaging the pavement or interfering with the construction, maintenance, and operation of the highway and provided that the facility is cathodically protected against corrosion and meets the applicable material requirements.&lt;br /&gt;
&lt;br /&gt;
Underground utility facilities are expected to be buried within the utility corridor of sight distance triangles (SDTs) at roadway intersections unless granted a variance. Overhead utility facilities may be allowed to span intersecting roadways with SDTs provided the poles, or supports, are located outside the SDT.&lt;br /&gt;
&lt;br /&gt;
====643.1.3.2.5 Sanitary Sewers within the Right of Way of Major Routes====&lt;br /&gt;
New installations of sanitary sewers should follow the applicable guidelines for either underground crossings or parallel installations as appropriate. An existing gravity trunk sanitary sewer should be considered individually and removed or left in place contingent upon its age, condition, feasibility of moving, and maintenance access. If an existing parallel gravity main is left in place within the limits of the paved surface, paved shoulder lines, or curb lines, stub mains as required will be laid between the sewer main and curb or shoulder lines for future service connections in each block. Manholes should be relocated outside the traveled roadway as near the right of way line as practical.&lt;br /&gt;
&lt;br /&gt;
===643.1.3.3 Minor Routes===&lt;br /&gt;
For structures carrying or over minor routes, see [[#643.1.5_Bridge_Attachment_Policy|EPG 643.1.5]].&lt;br /&gt;
&lt;br /&gt;
====643.1.3.3.1 Utility Facilities Crossing Minor Routes====&lt;br /&gt;
=====643.1.3.3.1.1 Overhead Crossings of Minor Routes=====&lt;br /&gt;
Existing overhead crossings that interfere with construction, maintenance, or operation should be relocated with their supports as near the right of way line as is practical. New overhead crossing installations should be located with their supports as near the right of way line as is practical.&lt;br /&gt;
&lt;br /&gt;
=====643.1.3.3.1.2 Underground Crossings of Minor Routes=====&lt;br /&gt;
All new utility facilities should be installed and maintained without cutting or damaging the pavement or paved shoulders. A variance may be granted for pavement cuts when servicing and maintaining the facility by any other methods is impractical. Pavement cuts may only be made by permits issued. Underground crossings of utility facilities are to be continuously encased under the pavement, medians, ramps, and shoulders with the casing extending to the toe of the fill slopes or to the ditch line. In curbed sections, encasement should extend outside the outer curb of the roadways a distance equal to the depth of the encasement at the curb line. Where installed by open trench through unpaved areas, detector tape should be placed approximately one foot (1&#039;) above the encasement.&lt;br /&gt;
&lt;br /&gt;
Manholes or vent pipes are to be located at the right of way line or adjacent to the outer roadway.&lt;br /&gt;
&lt;br /&gt;
For fiber optic cable, encasement should extend from within six feet (6&#039;) of one right of way line to within six feet (6&#039;) of the other right of way line.&lt;br /&gt;
&lt;br /&gt;
Exceptions may be made for encasement as listed in [[#643.1.4.2_Exceptions_to_Encasement|EPG 643.1.4.2]].&lt;br /&gt;
&lt;br /&gt;
====643.1.3.3.2 Parallel Installations along Minor Routes====&lt;br /&gt;
New parallel installations on the right of way may be permitted provided that poles are within two feet (2&#039;) of the normal right of way line and underground utility facilities are within the utility corridor. Existing overhead or underground utility facilities that parallel an existing roadway which will be incorporated into a completed highway may remain in place if all maintenance and service can be performed without entering or leaving the roadway except at approved access points; without parking equipment or storing materials on the median, pavement, ramps, or shoulders; and the existing location does not interfere with construction, maintenance, or operation of the completed highway. If an existing parallel utility facility needs to be relocated so as to not interfere with the construction, maintenance, or operation of the completed highway, poles may be located within five feet (5’) of the right of way line.&lt;br /&gt;
&lt;br /&gt;
Underground utility facilities are expected to be buried within the utility corridor of sight distance triangles (SDTs) at roadway intersections unless granted a variance. Overhead utility facilities may be allowed to span intersecting roadways with SDTs provided the poles, or supports, are located outside the SDT.&lt;br /&gt;
&lt;br /&gt;
====643.1.3.3.3 Sanitary Sewers within the Right of Way of Minor Routes====&lt;br /&gt;
New installations of sanitary sewers should follow the applicable guidelines for either underground crossings or parallel installations as appropriate. An existing gravity trunk sanitary sewer should be considered individually and removed or left in place contingent upon its age, condition, feasibility of moving, and maintenance access. If an existing parallel gravity main is left in place within the limits of the paved surface, paved shoulder lines, or curb lines, stub mains as required will be laid between the sewer main and curb or shoulder lines for future service connections in each block. Manholes should be relocated outside the traveled roadway.&lt;br /&gt;
&lt;br /&gt;
===643.1.3.4 Roundabouts===&lt;br /&gt;
Regardless of roadway type, it is desirable to avoid locating utility facilities and their access points within the circulatory roadway. If possible, utility facilities are located in the legs of the roundabout to allow for future maintenance and access at an isolated leg versus affecting the entire roundabout. See [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_5_TypicalLocationofUtilityFacilitiesnearRoundabouts_AOD.pdf EPG Figure 643.1.5] for an example.&lt;br /&gt;
&lt;br /&gt;
===643.1.3.5 Utility Facilities in Scenic Enhancement Areas===&lt;br /&gt;
All existing utility facilities within the limits of a scenic enhancement area requiring adjustment because of construction or reconstruction will be placed underground or relocated beyond the limits of the scenic enhancement area. No new above ground facilities will be permitted. New underground facilities will be permitted provided they do not extensively alter or impair the appearance of the area.&lt;br /&gt;
&lt;br /&gt;
==643.1.4 Installation of Utility Facilities==&lt;br /&gt;
The following sections provide information on the physical installation of utility facilities within highway right of way.&lt;br /&gt;
&lt;br /&gt;
===643.1.4.1 Minimum Cover for Underground Facilities===&lt;br /&gt;
The minimum cover for new underground utilities is:&lt;br /&gt;
* Forty-two inches (42”) for all water lines (parallel and crossings).&lt;br /&gt;
* Forty-two inches (42”) for fiber optic cable (crossings encased in rigid conduit).&lt;br /&gt;
* Seventy-two inches (72”) for fiber optic cable (crossings encased in polyethylene (PE) pipe).&lt;br /&gt;
* Thirty inches (30”) for direct burial and in trench fiber optic cable (parallel).&lt;br /&gt;
* Twenty-four inches (24”) for all other direct burial copper or coaxial cable, (parallel).&lt;br /&gt;
* Seventy-two inches (72”) for uncased polyethylene (PE) gas pipe crossings under ditches and roadways but thirty inches (30”) elsewhere.&lt;br /&gt;
* Thirty inches (30”) for all other (such as, but not limited to, gravity sewers, forced sewers, and electric) underground utilities (both parallel and crossing).&lt;br /&gt;
&lt;br /&gt;
===643.1.4.2 Exceptions to Encasement===&lt;br /&gt;
Exceptions may be made for encasement as follows:&lt;br /&gt;
* Non-fiber communication or electric cables installed in ducts.&lt;br /&gt;
* Welded steel pipelines carrying gaseous or liquid petroleum products - provided they are cathodically protected against corrosion, triple-coated in accordance with accepted pipeline construction standards, and meet applicable material requirements.&lt;br /&gt;
* Natural gas distribution pipe (nominal six-inch (6”) diameter maximum) of polyethylene (PE) plastic, traceable, installed by a horizontal bore method at a minimum depth of seventy-two inches (72”) under ditches and roadways, constructed in accordance with and meeting applicable material requirements.&lt;br /&gt;
* Gas service connections protected and constructed in accordance with and meeting applicable material requirements.&lt;br /&gt;
* Encasement is not required for new trunk sanitary sewer crossings of vitrified clay, reinforced concrete or cast iron except when installation procedures would produce voids in the roadbed, heavy fills, or installations under pressure.&lt;br /&gt;
&lt;br /&gt;
===643.1.4.3 Above Ground or Ground Level Appurtenances===&lt;br /&gt;
Appurtenances protruding more than four inches (4”) above the ground line should be located outside the clear zone. If no feasible alternative exists and if permitted by a variance, appurtenances may be allowed within the clear zone if they meet breakaway criteria or will be shielded by a traffic barrier. Good design practice will provide that appurtenances be located at right of way jogs, along intersecting road right of way, or at other similar acceptable locations, so that encroachment is held to an absolute minimum. Cables, wires, small diameter pipes, and other such utility appurtenances extending from the surface of the ground should be equipped with covers or guards to improve their visibility. Appurtenances within sidewalks or street level pedestrian access routes are to be in conformance with the Americans with Disabilities Act requirements.&lt;br /&gt;
&lt;br /&gt;
The maximum pull box width perpendicular to the right of way line within the utility corridor is thirty inches (30”).&lt;br /&gt;
&lt;br /&gt;
===643.1.4.4 Overhead Utility Facilities===&lt;br /&gt;
The vertical clearance of new or existing overhead installations will not be less than the current minimum requirements of the National Electric Safety Code, but in no case less than eighteen feet (18’) inclusive of sag above the groundline for electrical facilities. Clearance may be reduced for overhead installations of cable, telephone, or fiber optic facilities.&lt;br /&gt;
A minimum radial clearance of twenty-five feet (25’) is provided from any utility facility to the nearest part of any bridge structure. A minimum radial clearance of ten feet (10’) is provided from the nearest charged electrical line to a MoDOT signal, lighting, ITS, or overhead sign structure.&lt;br /&gt;
&lt;br /&gt;
===643.1.4.5 Approved Materials===&lt;br /&gt;
Utility owners are allowed to use any material for underground utility facilities including carrier and encasement provided they accept responsibility for any future repairs and/or replacement of damaged MoDOT facilities should a failure occur. This will allow the use of current technology and procedures to provide the best value to its subscribers and the taxpayers of Missouri. For materials that MoDOT also uses in its highway system, utility owners must provide materials that meet the current [https://www.modot.org/missouri-standard-specifications-highway-construction Missouri Standard Specifications for Highway Construction]. For materials not listed in the Missouri Standard Specifications for Highway Construction, the utility owner should provide documentation of the standards used to determine suitability of the material.&lt;br /&gt;
&lt;br /&gt;
===643.1.4.6 Cutting===&lt;br /&gt;
In the event permission is granted to cut an existing concrete or asphalt pavement or sidewalk, the appropriate provisions below should be followed.&lt;br /&gt;
&lt;br /&gt;
====643.1.4.6.1 Pavement====&lt;br /&gt;
All pavement cuts should be made with a saw to the full depth of the pavement. The width of the cut is typically determined by the width of the trench plus a minimum one foot (1’) on each side of the trench. In the event the distance to any adjacent longitudinal or transverse joint or crack is less than four feet (4’), the pavement must be removed to the joint or crack. Cuts for perpendicular service tie-ins should be a minimum of three feet (3’) wide. Longitudinal main installations are typically cut at a minimum of half the lane width, but in no instance should the cut be along the wheel path of the lane.&lt;br /&gt;
[[File:fig_643.1.6-06_2026.jpg|800px|none|thumb|Figure 643.1.6 Pavement Repair Dimension Requirements.]]&lt;br /&gt;
&lt;br /&gt;
The utility facilities should be placed in a location with the least impact to the roadway. Typically, this leads to placement in the shoulder when available followed by the two-way left turn lane (TWLTL), and then outside lanes before allowing placement in interior through lanes. Lane switching should be kept to a minimum and should not be used to minimize repair sizes. Cuts for mains or service leads that may not be perpendicular to the roadway should be squared-off.&lt;br /&gt;
&lt;br /&gt;
Replacement of cut pavement should be full depth concrete in accordance with the current version at the time of installation of Section 613.10 Full Depth Pavement Repairs of the Missouri Standard Specifications for Highway Construction and the Missouri Standard Plans for Highway Construction. If the area of the pavement repair is not to be fully resurfaced all joints including the overcut from the sawing operation should be filled with an expansive mortar, epoxy, polyester, or joint material as approved by the Engineer in accordance with Section 1057 of the Missouri Standard Specifications for Highway Construction.&lt;br /&gt;
&lt;br /&gt;
====643.1.4.6.2 Pedestrian Access Routes====&lt;br /&gt;
All cuts in the pedestrian access routes whether asphalt or concrete should be made by saw and be the full depth of the material. Entire slabs of concrete sidewalk should be removed. Repair of the pedestrian access route must meet Americans with Disability Act requirements, see [[:Category:642_Pedestrian_Facilities|EPG 642]]. Cuts through curb ramps or detectable warning areas are not permitted. Rather the entire curb ramp or detectable warning area must be removed and replaced. MoDOT district ADA contacts can help ensure ADA compliance of impacted pedestrian access routes.&lt;br /&gt;
&lt;br /&gt;
===643.1.4.7 Non-disturbance Areas===&lt;br /&gt;
MoDOT has certain areas of right of way where mowing, spraying, digging, or other vegetation disturbance activities are restricted. These areas have been established to mitigate the environmental impacts of a previous project and should be avoided. If the areas cannot be avoided, contact MoDOT’s Environmental Section.&lt;br /&gt;
&lt;br /&gt;
==643.1.5 Bridge Attachment Policy==&lt;br /&gt;
No utility facility will be permitted in or on a structure carrying an interstate or other freeway unless it is part of a federal requirement or for MoDOT’s use. When the structure carries any other road type and no other practical means exists for the crossing, wires (communication, electrical, fiber, or metal) will be permitted. Electrical lines must be located to cause minimum exposure to MoDOT maintenance personnel and the public. Pressurized pipelines for gas or other petroleum products and water and all sewer lines are prohibited on all structures due to the risks associated with their failure.&lt;br /&gt;
&lt;br /&gt;
===643.1.5.1 Agreement===&lt;br /&gt;
An agreement is required for all utility facilities attached to any structure. A charge will be made for the increased maintenance costs involved. This fee is set by the Bridge Division. When permitted, a 50-year occupational agreement is executed with the utility owner. Agreement BR04 Utility Attachment Agreement is used when an attachment is added to a bridge during its construction. Agreement BR09 Bridge Attachment Agreement is used when an attachment is added to an existing bridge.&lt;br /&gt;
&lt;br /&gt;
===643.1.5.2 Requests===&lt;br /&gt;
Requests to attach facilities to structures is a multi-step process. Bridge Division is responsible for approval of the bridge attachment. If at any point in the process, Bridge Division determines the attachment to be unacceptable, a reason is to be provided.&lt;br /&gt;
&lt;br /&gt;
To start, the utility owner submits a conceptual request to the district utilities staff. The conceptual request consists of an explanation of the proposal; a general location sketch (i.e., which side of the bridge); and details on the facility, length, and weight per foot when full. The district utilities staff should work with all relevant district personnel including the District Bridge Engineer in reviewing and recommending the attachment. The district utilities staff will submit the recommended details to the Bridge Division to determine the applicable costs including future maintenance costs and for attachments to new bridges, design and construction. Once the Bridge Division has determined the cost, the district utilities staff shares the cost with the utility owner for their concurrence with furthering the process. For new bridges, if the utility owner concurs with the costs, the district utility staff will prepare the BR04 Agreement for execution by the utility owner and the Commission. MoDOT will be responsible for the design and construction of attachments to new bridges. For existing bridges, the district utilities staff will forward the applicable as-built bridge plans to the utility owner for its use in designing the bridge attachment. The utility owner will provide detailed design drawings, signed and sealed by a professional engineer in the State of Missouri, to the district utilities staff for review. The district utilities staff should work with all relevant district personnel, including the District Bridge Engineer, in reviewing and recommending the details of the attachment to the Bridge Division. Once Bridge Division approves, the Bridge Division will prepare the BR09 Agreement for execution by the utility owner and the Commission. The utility owner is responsible for the construction of attachments to existing bridges. A flow chart, [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_7_BridgeAttachementProcess_AOD.pdf EPG Figure 643.1.7], of the process is available.&lt;br /&gt;
&lt;br /&gt;
Payment from the utility owner for the attachment will be sent to Financial Services by district utilities staff. For BR04 agreements, district utilities staff should discuss with Financial Services how to get the payment credited to the project constructing the attachment. For BR09 agreements, district utilities staff should copy Bridge Division on correspondence with Financial Serves. Checks should be made payable to Director of Revenue, Credit State Road Fund.&lt;br /&gt;
&lt;br /&gt;
For requests from government entities such as cities, counties, and other municipalities, the requested information should be submitted to Bridge Division as described above. However, the district utilities staff will take the lead in preparing the DE10 County Agreement or DE11 Municipal Agreement, as applicable, with input from Bridge Division and Bridge Maintenance. All fees are waived for government entities.&lt;br /&gt;
&lt;br /&gt;
===643.1.5.3 Considerations===&lt;br /&gt;
The following considerations are made in determining the acceptability of a bridge attachment. Unique situations will be discussed with the Bridge Division as required.&lt;br /&gt;
&lt;br /&gt;
====643.1.5.3.1 Bridge Asset Management Program====&lt;br /&gt;
Requests for bridge attachments should be reviewed for consistency with the district’s upcoming bridge asset management program needs. If a structure is due for rehabilitation or replacement in the near future, information should be provided to the utility owner indicating existing remaining life of the bridge. In some instances, it may be in MoDOT’s best interest to deny the request for attachment outright. In some instances, the utility owner may still choose to pursue the short-term attachment to the existing structure. In almost all cases, the utility owner is responsible for the cost of removing and/or relocating their utility facilities for a necessary repair, widening, improvement or reconstruction of the structure. Review existing agreements for cost responsibility for current attachments.&lt;br /&gt;
&lt;br /&gt;
====643.1.5.3.2 Aesthetics====&lt;br /&gt;
In reviewing a request for a bridge attachment, how the structure is viewed by the public will be considered. For example, is the structure over a scenic stream that is extensively used by canoeists, or does the structure span a road that may provide access to a park, campgrounds, or boat launching facilities? Is the structure a grade separation where the motoring public will see the attachment before they pass under it?&lt;br /&gt;
&lt;br /&gt;
====643.1.5.3.3 Method of Attachment====&lt;br /&gt;
In order to maintain structural integrity of any structures the following requirements will apply for attachments.&lt;br /&gt;
&lt;br /&gt;
=====643.1.5.3.3.1 Welding=====&lt;br /&gt;
Welding of hardware to structural steel members (i.e., flanges, webs, stiffeners, and diaphragms) whether in tension or compression is not permitted.&lt;br /&gt;
&lt;br /&gt;
=====643.1.5.3.3.2 Drilling=====&lt;br /&gt;
Drilling holes in any structural steel member is not permitted. Drilling holes for anchors into any prestressed concrete member is not permitted. Although permitted, drilling holes for anchors into the underside of bridge decks must be done with caution. It is recommended all anchors be installed to miss deck reinforcing steel. Generally, drilling into decks will not be allowed where sonotubes were used (voided slab bridges). The depth of the holes should be such that breaking out of the concrete on the top side of the deck does not occur.&lt;br /&gt;
&lt;br /&gt;
=====643.1.5.3.3.3 Corrosion=====&lt;br /&gt;
Attachment hardware will be new, properly coated to prevent corrosion or be of a non-corrosive material, and be designed to support the facility.&lt;br /&gt;
&lt;br /&gt;
====643.1.5.3.4 Location====&lt;br /&gt;
In general, attachments are made on the underneath side of the bridge deck. The condition of the bridge deck will dictate the location of the attachment supports. An exception may be attachments to trusses or other overhead structures.&lt;br /&gt;
&lt;br /&gt;
Attachments that may require manholes in bridge decks are not allowed.&lt;br /&gt;
&lt;br /&gt;
When attachments are required to structures over streams that may carry large drifts, they must be attached to the downstream side of the structure and above the lowest superstructure element. It is preferred to locate the attachment on the outside of the exterior girder. If aesthetics are a concern, a better appearance can be achieved by having the attachment made to the inside of the exterior girder and above the bottom of the lower flange to hide the conduit and the attaching hardware.&lt;br /&gt;
&lt;br /&gt;
Placement of utilities must not prevent the removal of old paint, the application of new paint on superstructure steel, or cause debris buildup, which could cause structural deterioration.&lt;br /&gt;
&lt;br /&gt;
====643.1.5.3.5 Construction and Maintenance====&lt;br /&gt;
If the attachment cannot be built while maintaining one (1) lane of traffic on the structure, it will not be allowed.&lt;br /&gt;
&lt;br /&gt;
Construction procedures that severely impact traffic may factor into the allowable location of the attachment on the structure.&lt;br /&gt;
&lt;br /&gt;
When scaffolding is to be attached or supported by bridge rails, bridge superstructure, or bridge substructure, the procedures for construction of the attachment must be reviewed.&lt;br /&gt;
&lt;br /&gt;
The utility owner or local entity will pay for, or be responsible for, the painting of the attachment, if necessary, when the bridge requires painting.&lt;br /&gt;
&lt;br /&gt;
==643.1.6 Private Lines==&lt;br /&gt;
Private lines are permitted to cross the right of way of a highway in the same manner as outlined for all utility facilities in above sections of this article. Parallel installations along the right of way of a highway are not permitted. Special conditions at a specific location that make adherence to this policy impractical will be submitted to the Chief Engineer for consideration of an acceptable alternative. In certain situations, it may be necessary to obtain approval from the Federal Highway Administration (FHWA) before approval to use the alternative can be given to the private utility owner.&lt;br /&gt;
&lt;br /&gt;
==643.1.7 Water and Sewer Separations==&lt;br /&gt;
The Missouri Department of Natural Resources (MoDNR) Safe Drinking Water Commission via 10 CSR 60-10 and Clean Water Commission via 10 CSR 20-8 govern the design of water and sewer lines in the vicinity of one another. Basic criteria are outlined below for information, and details are contained within the regulations. MoDOT is not responsible for providing or acquiring adequate right of way for utility owners to comply with MoDNR requirements.&lt;br /&gt;
&lt;br /&gt;
===643.1.7.1 Water and Sewer Separations===&lt;br /&gt;
====643.1.7.1.1 Horizontal====&lt;br /&gt;
Sanitary and storm sewers are to be laid at least ten feet (10’) horizontally measured from outside edge to outside edge from any existing or proposed water main. In cases where it is not practical to maintain ten feet (10’) of separation, installation of the water main closer to the sewer is acceptable where the water main is installed in a separate trench or on an undisturbed earth shelf located on one (1) side of the sewer at an elevation so the bottom of the water main is at least eighteen inches (18”) above the top of the sewer.&lt;br /&gt;
&lt;br /&gt;
===643.1.7.2 Crossings===&lt;br /&gt;
Water mains are to be laid to provide a minimum vertical distance of eighteen inches (18”) vertically measured outside edge to edge from sanitary or storm sewers. This is the case whether the water main is above or below the sewer. One (1) full length of water pipe must be located so both joints will be as far from the sanitary or storm sewer line as possible. Special structural support for the water main or sanitary or sewer main may be required.&lt;br /&gt;
&lt;br /&gt;
===643.1.7.3 Exception===&lt;br /&gt;
When it is impossible to obtain proper horizontal and vertical separation as stipulated, the sewer will be designed and constructed equal to water pipe and will be pressure-tested to assure it is watertight prior to backfilling.&lt;br /&gt;
&lt;br /&gt;
===643.1.7.4 Water Supply Interconnections===&lt;br /&gt;
No physical connection is permitted between a public or private potable water supply system and any sanitary or storm sewer or appurtenance that would permit the passage of any sewage or polluted water into the water supply. No water pipe is permitted to pass through or come in contact with any part of a sanitary sewer manhole.&lt;br /&gt;
&lt;br /&gt;
===643.1.7.5 Water Works Structures===&lt;br /&gt;
Sewers are not permitted to be installed within fifty feet (50’) in any direction from any existing or proposed public water supply well or other water supply sources or structures.&lt;br /&gt;
&lt;br /&gt;
==643.1.8 Variances==&lt;br /&gt;
Occasionally, it is impractical to locate a utility facility in accordance with requirements outlined in this article. MoDOT may consider a utility owner’s request for a variance from these requirements on a case-by-case basis. The utility owner should complete a [https://epg.modot.org/forms/general_files/DE/UtilityVarianceApprovalForm.docx Utility Variance Approval Form] to be submitted to MoDOT for consideration. Variances on the Interstate System require approval of the Federal Highway Administration (FHWA). A flow chart, [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_8_VarianceApprovalProcess.pdf EPG Figure 643.1.8], of the variance process is available.&lt;br /&gt;
&lt;br /&gt;
A variance will not be permitted just for the convenience of the utility owner. The utility owner requesting a variance must provide all necessary information to properly evaluate if a variance should be approved. For example, a utility owner requesting a variance because “the utility corridor is full” must explore all reasonable options. It is suggested that the requestor pothole the existing utility corridor to confirm the location of existing utility facilities and provide that data to support the need to locate outside of the utility corridor due to its congestion.&lt;br /&gt;
&lt;br /&gt;
===643.1.8.1 Variance Process===&lt;br /&gt;
Any utility owner of a public utility facility may apply for a variance. The process for requesting a variance is as follows:&lt;br /&gt;
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====643.1.8.1.1 Submittal Requirements====&lt;br /&gt;
Utility owners submit to the district utilities staff a written request for a variance using the [https://epg.modot.org/forms/general_files/DE/UtilityVarianceApprovalForm.docx Utility Variance Approval Form]. The utility owner must clearly show the provision(s) or guideline(s) for which the variance is being requested; the condition(s) which the utility owner believes warrant(s) the granting of a variance; a thorough explanation of the reason(s) for the requested variance, including sufficient and appropriate documentation of safety, aesthetic, or constructability constraints that would be adverse to the function, access, or maintenance of the utility facility and not in the best interest of the public.&lt;br /&gt;
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====643.1.8.1.2 MoDOT Consideration of Variance Request====&lt;br /&gt;
The utility owner bears full responsibility for demonstrating to MoDOT’s satisfaction that the variance is the most appropriate way to serve the public interest. MoDOT may present to the utility owner and the utility owner must consider reasonable alternatives to the variance requested by the utility owner. In determining whether to grant a variance, district utilities staff will consider all relevant factors including, but not limited to: the requested variance is reasonably necessary for the convenience, safety, health, and/or welfare of the public; there is an exceptional or undue burden or hardship on the specific applicant; a physical impracticability that would result from the applicant’s adherence to the normal location requirements; and the requested variance will not impair the safe construction, maintenance, operation, and safety of public travel on the highway. District utilities staff may consult with the Design Liaison Engineer in evaluating variances.&lt;br /&gt;
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====643.1.8.1.3 Approval of Variances====&lt;br /&gt;
Once district utilities staff have agreed to accept a variance proposed by the utility owner, the [https://epg.modot.org/forms/general_files/DE/UtilityVarianceApprovalForm.docx Utility Variance Approval Form] and all supporting documentation is sent to the District Design Engineer (DDE) for approval. If a variance is on interstate right of way, the DDE-signed Variance Request Form and all supporting documentation is forwarded to the Design Liaison Engineer who will forward to FHWA for their concurrence.&lt;br /&gt;
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====643.1.8.1.4 Variance Appeal Informal Hearing====&lt;br /&gt;
If denied a variance, the utility owner has thirty (30) calendar days to request an informal hearing for the purpose of appealing the denial. Requests must be made in writing to the State Design Engineer, Missouri Department of Transportation, P.O. Box 270, Jefferson City, MO 65102. If the utility owner requests an informal hearing, MoDOT’s authorized representative will advise the applicant of the time, date, and place of the hearing. The hearing is not a contested case under RSMo 536. The rules of evidence will not apply at the hearing, and MoDOT’s decision after the conduct of the hearing is not subject to further appeal.&lt;br /&gt;
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==643.1.9 Excess Right of Way==&lt;br /&gt;
Prior to conveyance of excess right of way, the status of utility facilities within said parcel must be addressed. See [[236.5_Property_Management#236.5.12_Excess_Land_Conveyances_&amp;amp;_Relinquishments_–_Regulated_Utilities|EPG 236.5.12]].&lt;br /&gt;
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==643.1.10 Broadband==&lt;br /&gt;
Broadband development in the state of Missouri is handled by the Department of Economic Development (DED). MoDOT shares its approved Statewide Transportation Improvement Program (STIP) project list with DED. All MoDOT policies related to placement of utility facilities within Commission right of way as outlined in this EPG article 643.1 are to be followed.&lt;br /&gt;
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&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643.2 Utilities in Program Delivery &#039;&#039;PAGE TITLE&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt; &lt;br /&gt;
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==643.2.1 Introduction==&lt;br /&gt;
Improvements to the highway system often require negotiation between the Commission and a city, a county, or a public or private utility owner. The Commission’s district utilities staff is responsible for coordination of highway improvement projects with the utility owner’s representative. The impact to a utility, the responsibility for the cost of adjustments necessary to allow highway construction, the plan of adjustment of the utility, the responsibility of performance of work on utility facilities, and the schedule of the utility adjustment are all items that vary depending on the project and should be investigated and negotiated to ensure highway improvement projects are delivered on-time and on-budget. These should comply with Commission policy. A flowchart [link here] outlining all the utility adjustment processes (reimbursable and non-reimbursable relocations, Master Reimbursable Utility Agreements and Project Specific Agreements, etc.) are available in the list of figures at the top of the page. These processes will not always be in combination, but each should be considered with each project.&lt;br /&gt;
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The district utilities staff, in conjunction with the Transportation Project Manager (TPM), is expected to invite and encourage participation of utility owner representatives in MoDOT project meetings as needed.&lt;br /&gt;
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When a project involves utility adjustments for which the Commission is responsible for costs, the TPM should program the costs of the utility adjustments as non-contractual construction costs in the STIP Information Management System (SIMS).&lt;br /&gt;
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==643.2.2 Annual Utility Meeting==&lt;br /&gt;
Each district should hold an annual meeting with utilities to discuss current STIP projects in the district. The annual meeting should be held during each year&#039;s STIP preparations, ideally between January and May. All utility owners that have utility facilities in the district should be invited. The intent is to provide the utility owners with an idea of upcoming projects to allow them the opportunity to plan and budget for potential adjustments of their utility facilities, identify both MoDOT and utility roadblocks, and develop action plans to complete utility adjustments better, faster, and cheaper.&lt;br /&gt;
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==643.2.3 Determination of Existing Utilities==&lt;br /&gt;
District utilities staff should determine the appropriate level of effort needed to accurately identify existing utilities within the footprint of a proposed highway construction project. Aboveground utilities are easily identifiable via field checks; however, determination of the precise location of underground utilities can be more challenging and time consuming. Therefore, the district utilities staff should balance the risk of conflict with the highway construction project against the level of effort needed to determine the location.&lt;br /&gt;
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The level of effort on mapping utilities is dependent on the scope of the project and the potential for utilities having an impact on the construction of the project. The project schedule should include the time to complete this task accurately. The time and effort necessary for having accurate locates requires close interaction with the utility locators. Early contact with utility owner representatives may be necessary to accurately locate underground utility facilities.&lt;br /&gt;
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Various methods of determining existing underground utilities result in different levels of quality. ASCE Standard 38 Standard Guidance for Investigating and Documenting Existing Utilities classifies four levels of quality:&lt;br /&gt;
:1. Quality Level D: QL-D is the most basic level of information for utility locations. It comes solely from existing utility records or verbal recollections, both typically unreliable sources. It may provide an overall &amp;quot;feel&amp;quot; for the congestion of utilities but is often highly limited in terms of comprehensiveness and accuracy. QL-D is useful primarily for project planning and route selection activities.&amp;lt;br&amp;gt;&lt;br /&gt;
: Missouri 811 or “private-locate” markings are to be considered to be QL-D.&lt;br /&gt;
:2. Quality Level C: QL-C is probably the most used level of information. It involves surveying visible utility facilities (e.g., manholes, valve boxes, etc.) and correlating this information with existing utility records (QL-D information). When using this information, it is not unusual to find that many underground utilities have been either omitted or erroneously plotted. Therefore, its usefulness is primarily on rural projects where utilities are not prevalent or are not too expensive to repair or relocate.&lt;br /&gt;
:3. Quality Level B: QL-B involves the application of appropriate surface geophysical methods to determine the existence and horizontal position of virtually all utilities within the project limits. This activity is called &amp;quot;designating&amp;quot;. The information obtained in this manner is surveyed to project control. It addresses problems caused by inaccurate utility records, abandoned or unrecorded utility facilities, and lost references. The proper selection and application of surface geophysical techniques for achieving QL-B data is critical. Information provided by QL-B can enable the accomplishment of preliminary engineering goals. Decisions regarding location of storm drainage systems, footers, foundations, and other design features can be made to avoid conflicts with existing utilities. Slight adjustments in design can produce substantial cost savings by eliminating utility relocations.&lt;br /&gt;
:4. Quality Level A: QL-A, also known as &amp;quot;locating or potholing&amp;quot;, is the highest level of accuracy presently available and involves the full use of the subsurface utility engineering services. It provides information for the precise plan and profile mapping of underground utilities through the nondestructive exposure of underground utilities, and provides the type, size, condition, material, and other characteristics of underground features.&lt;br /&gt;
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For projects with scopes that have potential for utility conflicts, the minimum level of effort required is SUE Quality Level D. Locations of existing utilities are determined by requesting locates through Missouri 811, also known as the “One-Call” process. Missouri 811 locating requests should be carefully considered for the scope of work of the project. When necessary, the location of existing utilities should be established by a field survey of locate markings and features and shown on the roadway plans. Higher level SUE Quality Levels can be used on any project. Adjustment cost savings, whether to the MoDOT or to the utility owner, are beneficial to the taxpayer. Good SUE projects are typically urban in nature, or in congested areas, where the project footprint is to be minimized, or anytime accurate vertical and horizontal location of the utility facility might allow a design to avoid the utility facility thus preventing the need for the adjustment. The SUE process combines civil engineering, surveying, and geophysics. It utilizes several technologies, including vacuum excavation and surface geophysics.&lt;br /&gt;
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When proposed excavation or installation of subsurface features (drainage, equipment bases, etc.) falls within three feet (3’) of a marked Missouri 811 line, soft digging (hand digging, potholing, vacuum methods, pressurized air/water jetting, pneumatic hand tools, etc.) is required to more exactly locate the utility facility both horizontally and vertically. Utility facilities present within the right of way by permit, should be investigated by the utility owner. Utility facilities that would be reimbursable or partially reimbursable as defined in EP 643.2.8 will be investigated by MoDOT.&lt;br /&gt;
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==643.2.4 Conflict Determination==&lt;br /&gt;
Determination of whether a conflict exists between an existing utility facility and a proposed highway improvement project should occur at the earliest possible stage of project development. A conflict may be the result of the physical interaction between the roadway infrastructure and utility facility, a reduction in cover or increase in fill over underground utilities, a reduction in horizontal clearance whether above or below ground, a reduction in overhead vertical clearance, paving over utilities, or restricting a utility owner’s access to its utility facilities. District utilities staff should work with utilities to determine if a conflict exists and the appropriate plan of adjustment to remedy the conflict. The adjustment to the utility may be a relocation or another measure that protects the utility or access to the utility from the proposed highway improvement project. Determination of a conflict needs to be continually re-evaluated as the project design progresses. Continuing coordination is essential.&lt;br /&gt;
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==643.2.5 Utility Plan of Adjustment==&lt;br /&gt;
===643.2.5.1 Request for Plan of Adjustment===&lt;br /&gt;
District utilities staff will request a plan of adjustment from utility owners whose utility facilities are in conflict with a proposed highway project. The plan of adjustment may consist of efforts to relocate the utility or otherwise protect a utility from the impacts of the proposed highway project. Utilities are shown on the roadway plan and profiles sheets that are furnished to utility owners for use in planning required utility adjustments. Any other sheets such as drainage, traffic signal, lighting, or ITS plans that show impacts to a utility facility should also be provided to the utility owners. All adjustments, reimbursable or not, require a plan of adjustment furnished by the utility owner.&lt;br /&gt;
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A transmittal letter is included in the request for a plan of adjustment. The letter informs the utility owner that regardless of whether an adjustment is reimbursable, no physical adjusting or relocating of their utility facilities to accommodate the proposed highway improvement is to be performed without specific approval and authorization. Additionally, if any part of the adjustment has the potential to be reimbursable, they are advised:&lt;br /&gt;
# They may undertake preliminary engineering by their own forces upon approval by district utilities staff of the estimated costs of preliminary engineering.&lt;br /&gt;
# They may employ a consultant to do the PE work provided they request and obtain prior approval. See [[#643.2.6_Preliminary_Engineering_Requirements|EPG 643.2.6 Preliminary Engineering Requirements]].&lt;br /&gt;
# Any preliminary engineering costs accrued prior to the date of written authorization to proceed will not qualify for reimbursement.&lt;br /&gt;
# Replacement right of way or easements cannot be purchased without specific approval and authorization.&lt;br /&gt;
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===643.2.5.2 Proposed Plan of Adjustment===&lt;br /&gt;
Developing a plan of adjustment is a multi-step process. The utility owner will propose a conceptual approach to adjusting the utility facilities to allow highway construction. This conceptual approach is used as the basis for determining cost responsibility, estimate of costs for preliminary engineering and construction, developing the agreement if necessary, and final design of the adjustment. Negotiations between district utility staff and the utility owner’s representative can result in changes to the design throughout the process.&lt;br /&gt;
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Final plans of adjustment must contain a legend on the first sheet identifying the utility symbols used. They must also show the existing utility facilities and their disposition, the location of the new or adjusted utility facilities, the existing and new right of way lines, the limited or fully controlled access symbols (where applicable), the existing and proposed roadways, ramps, and outer roadways and any other pertinent roadway information. They must contain sufficient details concerning location, elevation, compaction, clean up, etc. to provide for the proper adjustment of the utility facility. Relocated and/or existing utility facilities that will remain in place must be dimensioned or indicated in a manner to show their location in respect to the right of way lines. It is preferred that the utility owner transmits the plan of adjustment by electronic deliverables in a format that can be incorporated into the roadway plans. This will reduce the time and effort necessary as well as increase the accuracy of transferring this information into the roadway plans.&lt;br /&gt;
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Plans of adjustment received from the utility owner are to be checked for compliance with MoDOT’s requirements ([[#643.1_Utilities_Location|EPG 643.1 Utility Location]]) by the district utilities staff. They are also checked to ensure compatibility with the roadway design. Any continuing conflicts are resolved through negotiations with the utility owner.&lt;br /&gt;
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Occasionally, it is impractical to perform a utility adjustment in accordance with MoDOT’s requirements. Sometimes the utility may request approval of a plan of adjustment that does not conform to these requirements. Deviation from MoDOT’s utility requirements is a variance. Refer to [[#643.1.8_Variances|643.1.8 Variance Process]] for additional guidance.&lt;br /&gt;
The final plan of adjustment is included as Exhibit “A” to the agreement ([[#643.2.12_Utility_Agreements|EPG 643.2.12 Agreements]]).&lt;br /&gt;
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==643.2.6 Preliminary Engineering Requirements==&lt;br /&gt;
Preliminary engineering (PE) can be performed one of four ways for utility adjustments:&lt;br /&gt;
# The utility owner can use its own engineering forces.&lt;br /&gt;
# MoDOT can select an engineering consultant, after consultation with the utility owner, and the consultant contract will be administered by MoDOT.&lt;br /&gt;
# The utility owner can select an engineering consultant, with approval by MoDOT, and the consultant contract will be administered by the utility owner.&lt;br /&gt;
# If a utility adjustment is being included in a MoDOT administered construction contract, the preliminary engineering of the adjustment can be provided by MoDOT.&lt;br /&gt;
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For reimbursable utility adjustments, the amount paid to engineers, architects, and others for required engineering and allied services can be included in reimbursement amount provided such amounts are not based on a percentage of the costs of the necessary adjustments to allow highway construction. Reimbursement is available for contracts executed after solicitation of a consultant for the specific adjustment or existing continuing contracts when it is demonstrated that such work is performed regularly for the utility owner in its own work and that the costs are reasonable.&lt;br /&gt;
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A [https://epg.modot.org/forms/general_files/DE/UtilityConsultantContractChecklist.docx checklist is available for reviewing consultant-engineering contracts] to ensure the contract conforms to MoDOT policy and complies with applicable federal regulations. District utilities staff should use the checklist to review contracts and may consult with Audits and Investigations Division as necessary. The procedures in 23 CFR part 172, Administration of Engineering and Design Related Service Contracts may be used as a guide for reviewing proposed consultant contracts. [[:LPA:136.4_Consultant_Selection_and_Consultant_Contract_Management|EPG 136.4 Consultant Selection and Consultant Contract Management]] may also be used as a guide.&lt;br /&gt;
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===643.2.6.1 Solicited Consultant Contracts===&lt;br /&gt;
If solicitation of PE services is required for reimbursable utility adjustments, the utility owner must provide the following documents and information to district utilities staff. These documents need to be provided as soon as the utility owner has chosen to solicit a consultant. Document 1 must be supplied by all utility owners. Documents 2 and 3 are only required when the utility owner is a local government agency who is also a political subdivision of the state of Missouri (e.g., city-owned utilities, county-owned utilities). All other utility owners are encouraged, but not required, to provide Documents 2 and 3:&lt;br /&gt;
# A statement that the utility owner is not staffed or able to perform the required PE services with its own forces.&lt;br /&gt;
# Provide the names of at least three (3) consultants considered.&lt;br /&gt;
# The criteria used to evaluate each consultant and reasons why the selected consultant was selected.&lt;br /&gt;
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The following documents need to be provided as soon as the utility owner has successfully negotiated and entered into a contract with the consultant:&lt;br /&gt;
# The name and address of the selected consultant.&lt;br /&gt;
# A statement that the &amp;quot;[https://epg.modot.org/forms/general_files/DE/CertificationOfConsultant.docx Certification of Consultant]&amp;quot; will be furnished immediately upon award of the contract to the consultant.&lt;br /&gt;
# One executed copy of the proposed engineering contract or agreement between the utility owner and consultant, only if the engineering will exceed $5,000.00.&lt;br /&gt;
# The consultant&#039;s fixed (lump sum) or estimated fee (actual cost) and the contract maximum.&lt;br /&gt;
# A cost summary providing a detailed breakdown of the basis for the consultant&#039;s compensation, including estimated labor hours, hourly rates for each classification, overhead rate (if used), the amount of profit charged, and any other estimated charges such as travel expenses, equipment rentals, etc. If an overhead rate is used, the consultant must also submit the supporting overhead rate calculations.&lt;br /&gt;
# An independent cost estimate of engineering services provided by the utility owner to use in comparison to the consultant’s proposed engineering services to check for cost reasonableness.&lt;br /&gt;
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===643.2.6.2 Continuing Consultant Contracts===&lt;br /&gt;
When a utility owner chooses to use an existing continuing contract for PE services, the utility owner must provide the following documents and information to the district utilities staff as soon as possible.&lt;br /&gt;
# A statement that the utility owner is not staffed or able to perform the engineering with its own forces.&lt;br /&gt;
# The name and address of the consultant under the existing continuing contract.&lt;br /&gt;
# A statement that the &amp;quot;[https://epg.modot.org/forms/general_files/DE/CertificationOfConsultant.docx Certification of Consultant]&amp;quot; will be furnished.&lt;br /&gt;
# A copy of the continuing contract to the district utilities staff. The district utilities staff will review the contract for reasonableness of cost.&lt;br /&gt;
# The consultant&#039;s fixed (lump sum) or estimated fee (actual cost) and the contract maximum for the work associated with the utility adjustment.&lt;br /&gt;
# A cost summary providing a detailed breakdown of the basis for the consultant&#039;s compensation, including estimated labor hours, hourly rates for each classification, overhead rate (if used), the amount of profit charged, and any other estimated charges such as travel expenses, telephone, etc. If an overhead rate is used, the consultant must also submit the supporting overhead rate calculations.&lt;br /&gt;
# An independent cost estimate of engineering services provided by the utility owner to use in comparison to the consultant’s proposed engineering services to check for cost reasonableness.&lt;br /&gt;
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===643.2.6.3 Consultant Contract Changes===&lt;br /&gt;
If a PE services contract between a utility owner and a consultant needs to be revised, a copy of the revised contract, fee, and schedule should be submitted by the utility owner to the district utilities staff prior to allowing for contract changes. District utilities staff should review the contract changes to ensure the revised contract conforms to MoDOT policy and complies with applicable federal regulations.&lt;br /&gt;
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==643.2.7 Environmental and Right of Way==&lt;br /&gt;
===643.2.7.1 Utilities and Environmental Clearances===&lt;br /&gt;
District utilities staff should coordinate with the TPM and utility owner’s representative to understand and communicate on known environmental and cultural constraints that could impact a utility owner’s plan of adjustment. This will allow the utility owner to consider permitting timelines and alternatives that avoid environmental or cultural resources to keep the project on schedule.&lt;br /&gt;
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One strategy to make project delivery more efficient and ensure regulatory compliance is for MoDOT to obtain the environmental and cultural resource permits and clearances for the utility owners associated with a roadway improvement while obtaining its own. This would generally only be for the permits and regulatory clearances MoDOT already needs to pursue as a part of the transportation improvement.&lt;br /&gt;
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District utilities staff should coordinate with the utility owner’s representative early in the project timeline to determine if it is in the best interest of both MoDOT and the utility owner to obtain permits and environmental clearances jointly. The following strategies can be utilized to determine if a joint approach to environmental work should be pursued:&lt;br /&gt;
* If utility facilities are moving to a location within or immediately adjacent to MoDOT right of way, a utility owner may be invited to participate in permitting and environmental compliance activities.&lt;br /&gt;
* If utilities move to a location not within or adjacent to MoDOT right of way, the utility company would not normally be invited to participate in permit applications and environmental compliance activities. However, some unique projects may necessitate further attention and should be discussed with the Design Liaison Engineer.&lt;br /&gt;
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If MoDOT and the utility owner agree to obtain joint permits and clearances, written communication between the utility owner’s representative and the district utilities staff should document the following items:&lt;br /&gt;
* List of the permits and clearances that MoDOT will acquire on behalf of the utility owner.&lt;br /&gt;
* List of the information needed from the utility owner in order for MoDOT to acquire the permits and clearances.&lt;br /&gt;
* Schedule and deadlines for submittal of the information by the utility owner. For example: utility plans, fill quantities, construction methods, dates, or seasons of construction.&lt;br /&gt;
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Permits and clearances that may be needed by both a utility owner and MoDOT include:&lt;br /&gt;
* [[127.7_Threatened_and_Endangered_Species|Endangered Species Act consultation and clearance]]&lt;br /&gt;
* [[127.2_Historic_Preservation_and_Cultural_Resources#127.2.1.1_Historic_Preservation_Regulations_and_Laws|Section 106 of the National Historic Preservation Act clearance]]&lt;br /&gt;
* [[127.10_Section_4(f)_Public_Lands|Section 4(f) clearance]]&lt;br /&gt;
* [[127.10_Section_4(f)_Public_Lands#127.10.1.4_Section_6(f)_Laws_and_Regulations|Section 6(f) of the Land and Water Conservation Fund Act clearance]]&lt;br /&gt;
* [[127.4_Wetlands_and_Streams|Section 401 and Section 404 of the Clean Water Act permits]]&lt;br /&gt;
* [[:Category:806_Pollution,_Erosion_and_Sediment_Control#806.1_Introduction_(see_Sec._806)|Section 402 of the Clean Water Act permit (State Operating Permit for Erosion Control)]]&lt;br /&gt;
* [[127.8_Hazardous_and_Solid_Waste|Recommendations on contaminated soil disposition]]&lt;br /&gt;
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===643.2.7.2 Right of Way Acquisition and Utilities===&lt;br /&gt;
The Commission is obligated to acquire the width of right of way required by the design of the highway improvement. For utility facilities currently located within the Commission’s right of way, this includes the necessary space for the utility facilities impacted by the design of the highway improvement. Either additional right of way width to accommodate a utility corridor or a utility easement can be obtained for the relocation of utility facilities. When drainage easements are acquired along a channel, additional space for utility facilities should be considered to avoid conflicts between the utility facility and the bridge or culvert.&lt;br /&gt;
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District utilities staff should inform the utility owner’s representative of the potential of a conflict between an existing utility facility and a proposed highway construction project early in the project development process to allow sufficient time for the utility owner to prepare a plan of adjustment and notify the district utilities staff of any easement needs. When utility facilities are located on a utility owner’s private easement, the utility owner may obtain its own new easements. If the utility owner is not in a position to negotiate for new easements or if the utility owner’s policies will not permit it to condemn property to obtain the easement, MoDOT can acquire the easement in the same manner roadway right of way is obtained. The district utilities staff should verify the utility owner is aware of the opportunity to have MoDOT acquire the easement, and the utility owner should provide written documentation on whether the utility owner would like to pursue this option with MoDOT.&lt;br /&gt;
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For situations where the utility owner will obtain its own replacement right of way and the cost of the adjustment is MoDOT’s responsibility, the utility right of way cost should be reviewed by the district right of way department to ensure the cost is reasonable and acquisition followed state and federal regulations. In order to expedite utility adjustments necessary to allow highway construction, the district utility staff may authorize the utility owner to obtain easements prior to all details of a plan of adjustment being developed. In this situation, the district utilities staff should ensure enough details are known to justify the needed right of way, and an agreement for right of way costs only should be executed with the utility owner.&lt;br /&gt;
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For situations where MoDOT will obtain the right of way necessary to allow highway construction, district utility staff should negotiate with the utility owner’s representative to ensure all necessary utility easements are shown on the approved right of way plans. The TPM should confirm with district utilities staff that the right of way plans accurately reflect the needs of the utility owners prior to requesting right of way plan approval. The district Right of Way Manager should confirm with district utilities staff before requesting an acquisition date (A-date). Every effort should be made to avoid adding utility easement requests once negotiations with property owners have begun.&lt;br /&gt;
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Occasionally, when negotiations cannot be completed for easements for the adjustment of utility facilities, it may be necessary to condemn for the property. District utilities staff should coordinate with the utility owner’s representative to ensure no alternate design for the adjustment of the utility facility is practical. The decision to condemn for easements for the adjustment of the utility facilities requires the exercise of good judgment in reaching the conclusion that further good faith negotiations are futile and condemnation is necessary to maintain the project in the scheduled letting. The TPM should coordinate with the district utilities staff and district Right of Way (RW) personnel on the condemnation proceedings.&lt;br /&gt;
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Easement and other right of way documents used with utility owners are handled in accordance with procedures established jointly with RW and district utilities staff. District survey staff prepare the land descriptions for use in utility easements. The district utilities staff is responsible for completion of the easements in the correct form and scope. A sketch delineating the area described is attached to the easement as Exhibit “A”. Communication with the Design Division will ensure use of proper forms, corporate names and locations, and particular wording required for joint ownerships. The description for a utility easement is to be referenced to the nearest land corner shown on the plans. Examples of easements can be found in the template list in [https://netprod3.dot.missouri/eAgreements/Search/QuickSearch eAgreements].&lt;br /&gt;
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In situations where MoDOT is acquiring right of way with existing utility easements, but the district utilities staff and the utility owner’s representative agree that the utility facility may remain in place, the utility owner will release the property to the Commission separate from the right of way acquisition. This is done by executing an Easement for Highway Construction (UT16). The utility owner grants and conveys, with warranty of title expressed or implied, to the Commission, the right to construct, reconstruct, and maintain a highway over and across that portion of the easement owned and held by the utility owner. In the future, the utility owner retains any reimbursable rights should future projects require adjustments to allow highway construction.&lt;br /&gt;
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==643.2.8 Cost Responsibility==&lt;br /&gt;
In addition to determining if a conflict exists between an existing utility facility and a highway improvement project, it is important to determine who is responsible for the costs of the necessary adjustments to allow highway construction. An adjustment for which the Commission is responsible for the costs is known as a reimbursable adjustment. An adjustment for which the Commission is not responsible for the costs is known as a non-reimbursable adjustment. An adjustment for which the Commission and the utility share responsibility for costs is known as a partially reimbursable adjustment. Adjustments determined to be reimbursable or partially reimbursable by the Commission are to be completed under the terms of an agreement executed between the utility owner and the Commission.&lt;br /&gt;
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===643.2.8.1 Commission Responsibility===&lt;br /&gt;
====643.2.8.1.1 Utility Facilities Located on Private Easements====&lt;br /&gt;
When the utility facility is located on a private easement within the new right of way to be acquired for a future project, the Commission is responsible for the cost of the necessary adjustments to allow highway construction. It may be possible that such easement does not have written easement rights. The Commission will honor this oral right provided acceptable documentation is provided by the utility owner to the district utilities staff. An [https://epg.modot.org/forms/general_files/DE/NonwrittenEasementRights_Example.docx example of acceptable documentation for not written easement rights] is available. Other forms of documentation will be considered on an individual basis.&lt;br /&gt;
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=====643.2.8.1.1.1 Future Moves=====&lt;br /&gt;
When the utility facility is located on a private easement, taken into the Commission’s right of way, the Commission may agree that any future moves of the same utility by Commission order may be made at the Commission’s cost. Documentation of this agreement is by an Easement for Highway Construction (UT16) agreement. If the Commission provides a substitute private easement, then the Commission will have future obligations consistent with the utility facility’s status in an easement.&lt;br /&gt;
&lt;br /&gt;
====643.2.8.1.2 Utility Facilities Located within Commission Right of Way====&lt;br /&gt;
When the utility facility is located within Commission right of way, but has prior land rights, the Commission is responsible for the cost of adjustments to allow highway construction. The utility owner is responsible for documenting to the satisfaction of the district utilities staff, the basis for the claim of prior land rights within Commission right of way. Time spent researching prior rights is considered coordination and is reimbursable.&lt;br /&gt;
&lt;br /&gt;
====643.2.8.1.3 City or County Utility Facilities on City or County Streets====&lt;br /&gt;
When roadway improvements are within the corporate limits of cities, towns, and villages, a municipal agreement is negotiated between the Commission and the municipality. Likewise, when roadway improvements are within the limits of a county and outside the municipal limits, a county agreement is negotiated between the Commission and the County Commission. Included in these agreements are provisions regarding reimbursement for adjusting city or county owned utility facilities. Reimbursement is provided for adjustment of city or county owned utility facilities that are now located on city or county streets and not on Commission right of way.&lt;br /&gt;
&lt;br /&gt;
====643.2.8.1.4 Lumen====&lt;br /&gt;
Lumen – National (formerly CenturyLink, Lightcore, or Digital Telephone, Inc. (DTI)) and the Commission have entered into a partnership agreement, “Amended and Restated Fiber Optic Cable on Freeways in Missouri,” executed June 5, 2003 which obligates the Commission to be responsible for the cost of the necessary adjustments to allow highway construction along the routes identified in the agreement. A copy of the agreement is available to district utilities staff.&lt;br /&gt;
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====643.2.8.1.5 Services to the Commission====&lt;br /&gt;
When a utility facility provides a service connection to local Commission facilities such as power to traffic signals, lighting, ITS, and cathodic protection and phone drops to traffic signal controllers or other Commission facilities, the Commission is responsible for the cost of the necessary adjustments to allow highway construction.&lt;br /&gt;
&lt;br /&gt;
====643.2.8.1.6 Private Service Lines====&lt;br /&gt;
While most utility owners reconnect the private service lines at no cost to the property owner, some do not. If a utility owner does not reconnect service lines, MoDOT can include adjustment of private service lines in roadway contracts. Bid items for relocating service connections are provided for the different types of anticipated adjustments.&lt;br /&gt;
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====643.2.8.1.7 Second Moves====&lt;br /&gt;
If the Commission requires additional work to a utility facility after the facility has been relocated or adjusted in accordance with a plan of adjustment approved by the Commission for a single project number, the Commission is responsible for the cost of the additional work regardless of whether the initial adjustment was Commission responsibility as outlined in other parts of [[643.2_Local_Utility_Adjustments_-_Public_and_Private#643.2.8.1_Federalizing_Funds_for_Preliminary_Engineering|643.2.8.1]].&lt;br /&gt;
&lt;br /&gt;
The purpose of the policy is to encourage utilities to relocate early rather than waiting until plans are published for bidding. The policy eliminates the utility having to relocate twice at its own expense because of late changes in the design. It is best to have utilities relocated prior to construction, and this policy helps achieve that goal. Therefore, it is imperative that the designer notifies district utilities staff as soon as possible of any changes made after these plans have been sent. If notified immediately, it may be possible to inform the utility owner prior to their final design thereby eliminating a second move.&lt;br /&gt;
&lt;br /&gt;
Under this policy, the following are not considered second moves. Temporary and staged relocations necessary to accommodate construction and agreed upon by the utility and the Commission prior to relocation are considered a single move and are not subject to the provisions of the second move policy. If the Commission requires adjustment of a utility facility for which the utility owner is responsible for the cost of the adjustment and was originally determined to not need adjustment, the utility owner is responsible for the cost of the adjustment. The utility owner is responsible for the cost of additional work to any portion of the utility facility after the utility facility has been adjusted in accordance with a plan of adjustment approved by the Commission if the additional work is required by the Commission due to error by the utility owner in preparation of plan of adjustment, field location of, or construction of the adjustment of the utility facility.&lt;br /&gt;
&lt;br /&gt;
When evaluating construction contract changes by change order or value engineering, the impacts of the second move policy should be considered.&lt;br /&gt;
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===643.2.8.2 Utility Owner Responsibility===&lt;br /&gt;
====643.2.8.2.1 Utility Facilities Owned and Operated by a Political Subdivision====&lt;br /&gt;
When a utility facility is located within Commission right of way, but does not have prior land rights, the utility owner is responsible for the cost of the necessary adjustments to allow highway construction. When a utility facility is located on public right of way other than Commission right of way, the utility owner is responsible for the cost of the necessary adjustments to allow highway construction.&lt;br /&gt;
&lt;br /&gt;
When a political subdivision must bear part or all the cost of adjustments to their utility facilities, and the cost creates a financial hardship, the Commission, by its authorized representative, the Chief Engineer, may temporarily assume these costs. A payback agreement with the political subdivision will include an applicable interest rate for a comparable maturity from a widely published index of tax-exempt municipal rates obtained from Financial Services. Payback time will not exceed five (5) years.&lt;br /&gt;
&lt;br /&gt;
====643.2.8.2.2 Utility Facilities Other Than Those Owned by a Political Subdivision====&lt;br /&gt;
When a utility facility is on the right of way of a public road or street or on state highway right of way without prior land rights and adjustment is necessary to allow for the construction of a roadway improvement, the utility owner is responsible for the cost of the necessary adjustments to allow highway construction.&lt;br /&gt;
&lt;br /&gt;
===643.2.8.3 Shared Responsibility===&lt;br /&gt;
When a utility facility is located such that portions of it are a Commission responsibility and portions of it are a utility owner responsibility by the definitions above, the costs of the necessary adjustments to allow highway construction will be split by the Commission and the utility owner. If the exact cost for each party can be determined, each party will be responsible for their portion of the cost of relocating the utility facility. If the exact cost for each party cannot be determined, the parties will arrive at a percentage reimbursement on an equitable basis.&lt;br /&gt;
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===643.2.8.4 Notice of Hearing===&lt;br /&gt;
When relocation or other difficulties with utility facilities on public right of way arise that prevent resolution by negotiation, formal hearings will be required.&lt;br /&gt;
&lt;br /&gt;
The district initiates a request for a utility relocation hearing with a letter to the Chief Counsel’s Office (CCO) (a copy is provided to the Design Division) requesting a hearing date. CCO will arrange for a hearing room, court reporter, etc. and advise the district of the hearing date.&lt;br /&gt;
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The district will prepare the notice of hearing by strictly following the given format and serve the notice on all persons and utility owners listed. The property and utility owner must be served only by personal service or by mailing a certified letter, return receipt requested, no later than 15 days before the date of hearing. This will require the district to make every effort to identify the correct property owner before preparing the notice of hearing. To avoid delays, every attempt will be made to issue the hearing notice at least 30 days prior to the hearing date in case any property has changed ownership and any additional property owners must be served. A notice of hearing on service line connections will also be served on the private or public owner of the main or distribution line to which the service lines are connected. A notarized &amp;quot;Report of Personal Service&amp;quot; will be completed when notification by certified mail is not used.&lt;br /&gt;
&lt;br /&gt;
One copy of the hearing notice and attachments, &amp;quot;Report of Personal Service&amp;quot; and certified mail notices are to be submitted to CCO after notification is complete.&lt;br /&gt;
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Prior to the hearing, the district&#039;s representative will become familiar with the details of the utility adjustment in order to provide concise testimony to expedite the hearing process. CCO will assign an attorney to work with the district and present the case.&lt;br /&gt;
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Refer to 7 CSR 10-3.030 020 Utility Relocation Hearings for additional information.&lt;br /&gt;
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A Waiver of Hearing should be obtained for non-reimbursable adjustments to document the commitment of the utility owner to adjust its utility facilities without adversely impacting the highway construction project. This may be accomplished informally via written communications between the district utilities staff and the utility owner’s representative. A [https://epg.modot.org/forms/general_files/DE/WaiverOfHearingForm.docx formal Waiver of Hearing statement] may be requested by either MoDOT or the utility owner. A [https://epg.modot.org/forms/general_files/DE/WaiverOfHearingLetter.docx sample transmittal letter for the Waiver of Hearing] is available. For reimbursable or partially reimbursable adjustments, the formal agreement serves as the basis of documentation of this commitment.&lt;br /&gt;
&lt;br /&gt;
==643.2.9 Estimates==&lt;br /&gt;
District utilities staff will negotiate with utility owners to determine reimbursable costs of the necessary adjustments to allow highway construction ([[#643.2.8_Cost_Responsibility|EPG 643.2.8 Cost Responsibility]]). These estimates are prepared in accordance with the provisions of 23 CFR 645 and any amendment thereto. These estimates must reflect the same procedures and costs used by the utility owners in their normal operations and must also accurately represent the expected costs of the work. The utility owner’s estimate will be reviewed by the district utilities staff to ensure compliance with 23 CFR 645.&lt;br /&gt;
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===643.2.9.1 Independent Cost Estimate===&lt;br /&gt;
The independent cost estimate provides the basis for district utilities staff to review the utility owner’s estimate of costs of the necessary utility adjustments to allow highway construction and any subsequent negotiations with the utility owner. The district utilities staff should prepare an independent cost estimate. The independent cost estimate may be based on unit prices of anticipated items of work in a utility adjustment necessary to allow highway construction. The independent cost estimate alternately may be based on recent similar types of utility adjustments necessary to allow highway construction and scaled for size. Consultants can be used to develop the independent cost estimate. All documentation of the independent cost estimate should be placed in MoProjects.&lt;br /&gt;
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===643.2.9.2 Type of Project Cost Estimates===&lt;br /&gt;
Either Actual Cost or Lump Sum estimates may be used for estimating the costs on the necessary utility adjustments to allow highway construction. If an Actual Cost estimate is used, detailed records of materials, labor, and equipment are made by district utilities and/or construction staff during construction, and a final audit of the utility owner’s cost records is made to determine the Commission’s actual responsibility for costs of the adjustment completed to allow highway construction. If a Lump Sum estimate is used, a final audit of costs for an adjustment in payment is not required. The Actual Cost method requires more detailed record keeping and documentation by the utility owner and district staff during construction. The Lump Sum method requires more upfront detail and work by the utility owner and judgment on the district utilities staff on the acceptability of the cost. The district utilities staff will work with the utility owner’s representative to determine the best type of estimate and therefore agreement to use.&lt;br /&gt;
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====643.2.9.2.1 Actual Cost Estimate====&lt;br /&gt;
The cost estimate that supports the actual cost agreement is prepared in sufficient detail to determine the reasonable expected cost of the work to support development of an agreement between the utility owner and the Commission. However, reimbursement is based on the actual costs of design and construction of the necessary adjustment to allow highway construction. The actual cost estimate should detail all costs of the necessary adjustment to allow highway construction, even if the Commission is only responsible for a portion of the costs as detailed in EPG [[#643.2.8.3_Shared_Responsibility|643.2.8.3 Shared Responsibility]].&lt;br /&gt;
&lt;br /&gt;
Actual cost estimates can be used for any dollar amount of reimbursement.&lt;br /&gt;
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====643.2.9.2.2 Lump Sum Estimates====&lt;br /&gt;
The cost estimate that supports the lump sum agreement must be accurate, comprehensive, verifiable, and in sufficient detail to present a clear picture of the work involved and the cost of the individual items. The estimate may cover only that portion of the adjustment for which the Commission is responsible for the costs of the necessary utility adjustments to allow highway construction.&lt;br /&gt;
Lump sum estimates are limited to a maximum of $200,000 of Commission responsibility of costs of the necessary utility adjustments to allow highway construction; however, exceptions may be made for special situations that have prior approval from Design Division. These exceptions usually cover major relocations for which the Commission&#039;s proportionate responsibility is extremely small.&lt;br /&gt;
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===643.2.9.3 Utility Cost Estimate Requirements===&lt;br /&gt;
Whether using an Actual Cost or Lump Sum estimate, the following should be included in the estimate, if applicable. If any of the following sections are not included in the estimate, a qualifying statement as to why the costs were not included should be provided.&lt;br /&gt;
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====643.2.9.3.1 Scope of Work====&lt;br /&gt;
All estimates require a concise summary of the work to be performed on the estimate. An example is &amp;quot;an estimate of cost covering the work of relocating Company&#039;s 12-inch Cushing-Woodriver pipeline to accommodate construction of Route 47 in Franklin County on Job No. J6P0172&amp;quot;.&lt;br /&gt;
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====643.2.9.3.2 Engineering Costs====&lt;br /&gt;
Costs of engineering, whether preliminary or construction, must be shown as separate items and are not to be included with &amp;quot;labor costs&amp;quot;. Concurrent cost accounting procedures of FHWA and MoDOT make this a necessity. See [[#643.2.6_Preliminary_Engineering_Requirements|EPG 643.2.6 Preliminary Engineering]] and [[#643.2.16.2_Construction_Contract_Requirements|EPG 643.2.16.2 Construction Contract Requirements]] for further information.&lt;br /&gt;
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====643.2.9.3.3 Right of Way Costs====&lt;br /&gt;
A detailed estimate of the cost to acquire replacement easements by the utility owner is required. The cost should be supported by a right of way plan.&lt;br /&gt;
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====643.2.9.3.4 Material Costs====&lt;br /&gt;
Quantities, description of the item, the unit cost, and the extended totals are shown. Percentage computations will be shown immediately following &amp;quot;total cost&amp;quot; so the utility owner’s and Commission&#039;s cost obligations are properly indicated. Unit assembly costs similar to those used by several of the rural electric association (R.E.A.) cooperatives are acceptable, provided the same units and charges are used in the utility owner’s regular operations. A handling charge conforming with the utility owner’s regular procedures may also be included.&lt;br /&gt;
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====643.2.9.3.5 Labor Costs====&lt;br /&gt;
Hours, individual or crew rates, and extended totals are shown. Payroll additives such as insurance, retirement, social security, vacation, and other benefits are shown as a separate item under this heading in accordance with utility owner’s regular procedures. Adequate explanation must be given for total percentage used, especially in those cases where materials and labor are combined as unit costs or where labor percentages include additives and equipment requirements.&lt;br /&gt;
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====643.2.9.3.6 Equipment Costs====&lt;br /&gt;
A description of the equipment to be used must be shown jointly with the number of hours to be charged. Rates charged for equipment usage must be justified by the utility owner’s established accounting procedures. When the utility owner does not have an established accounting procedure or a capitalization and depreciation schedule that is used in its own operations, the rates are to be established by using rental rate publications as a guide. A reasonable amount will be deducted, when using rental rate schedules, for profit that the rental company realizes. A full explanation of the methods used in establishing the rates must also be submitted to support the utility owner’s request and with approval of the district utilities staff.&lt;br /&gt;
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Equipment may be rented when the utility owner’s equipment is not available or is inadequate, with the rental rate justified by appropriate solicitation of bids. See [[#643.2.16.2_Construction_Contract_Requirements|EPG 643.16.2 Construction Contract Requirements]] for further information.&lt;br /&gt;
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Unusual accounting procedures may be accepted with adequate prior explanations and approval of the Design Division.&lt;br /&gt;
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====643.2.9.3.7 Removal Costs====&lt;br /&gt;
These costs are estimated and shown in a similar method but separately from installation costs. When removal costs exceed salvage credits by more than the estimated cost of removal by the roadway contractor, an effort should be made to persuade the utility owner to abandon the utility facilities in place. An exception is made when the utility owner is required to remove abandoned utility facilities because of liability, hazard, or by specific agreement with the Commission. Abandoned utility facilities can be included with the miscellaneous removals in the roadway contract. It may be possible for the utility owner to remove those portions of the utility facility for which credits will exceed removal costs, with the remainder of the utility facility to be abandoned for removal in the roadway contract. Materials removed must be itemized, with the utility owner’s customary salvage credit given. Items to be scrapped or junked should be indicated. Whenever a utility facility or portion thereof is shown to be abandoned on the plan of adjustment, the roadway plans should be notated accordingly. This eliminates ownership problems if these utility facilities are removed or salvaged by the roadway contractor.&lt;br /&gt;
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When the utility facility is no longer needed and removal is necessary to accommodate the roadway project, the removal of the item may be handled either as a right-of way-item or a utility adjustment. When handled as a right of way item, the damages allowed are to equal the depreciated value of the utility facility, with the necessary removals being accomplished by the roadway contractor. If accomplished as a utility adjustment, the Commission, by utility agreement, will reimburse the utility owner for removal costs and receive salvage credit for the material removed, up to but not exceeding removal costs.&lt;br /&gt;
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====643.2.9.3.8 Salvage of Removed Materials====&lt;br /&gt;
This statement, to explain the salvage credit or lack of credit, will reflect routine utility owner policy as well as the particular situation. The utility owner will place a value on any recovered material for salvage. District utilities staff should check this value for reasonableness. Examples of salvage statements include:&lt;br /&gt;
* Existing utility facilities to be abandoned in place, since the cost of salvaging, based on our past experience, will exceed their value.&lt;br /&gt;
* Only those items will be salvaged for which salvage credit will exceed the cost of removal and salvage.&lt;br /&gt;
* Company liability requires removal of the retired utility facilities, even though the cost of removal will exceed allowable credit for salvage.&lt;br /&gt;
* Salvage credits are in accordance with established company accounting procedures.&lt;br /&gt;
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====643.2.9.3.9 Accrued Depreciation Credits====&lt;br /&gt;
Credit is required for the accrued depreciation of a utility facility that is being replaced. Examples are a building, structure, pumping station, filtration plant, power plant, substation, or other similar operational unit. Credit for accrued depreciation will not be required for a segment of the utility&#039;s service, distribution, or transmission lines. It is also not required when the building or structure is being moved as necessitated by the highway project. Acceptable accrued depreciation credit will be determined by using the following formula:&lt;br /&gt;
&amp;lt;math&amp;gt;\frac{\text{Actual Length of Service of Replaced Facility (Years)}}{\text{Total Estimated Service Life of Replaced Facility (Years)}} x&amp;lt;/math&amp;gt;&amp;lt;span style=&amp;quot;font-family: &#039;Times New Roman&#039;, Times, serif; font-size: 130%;&amp;quot;&amp;gt; Original Cost ($) = Credit ($)&amp;lt;/span&amp;gt;&lt;br /&gt;
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====643.2.9.3.10 Betterment Credits====&lt;br /&gt;
Betterment means the upgrading of the utility facility being relocated, made solely for the benefit of and at the election of the utility owner and is not attributable to the roadway improvement. Credit to the Commission is required for the additional costs incurred for the betterments introduced in the adjusted utility facility. No betterment credit is required for additions or improvements which are:&lt;br /&gt;
* Required by the highway project&lt;br /&gt;
* Replacement devices or materials that are of equivalent standards although not identical&lt;br /&gt;
* Replacement of devices or materials no longer regularly manufactured with next highest grade or size&lt;br /&gt;
* Required by law under governmental and appropriate regulatory commission code&lt;br /&gt;
* Required by current design practices regularly followed by the utility owner in its own work, and there is a direct benefit to the highway project&lt;br /&gt;
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====643.2.9.3.11 Overhead Costs====&lt;br /&gt;
Overhead costs are usually a percentage of the total labor cost. This item must be in accordance with the utility owner’s established accounting procedures, which in some cases may include handling costs or be a percentage of the total cost of the work involved. Additional attention to overhead costs is required when the rate is different from previously accepted rates. Occasionally, it can be difficult to obtain the necessary information at the time of the estimate to approve the overhead rates. In this situation, the estimate can be approved with exception of the overhead rates for payment. The utility owner is informed of this matter with the understanding that the overhead rates could be approved and paid with submission of appropriate supporting data and Financial Services audit review.&lt;br /&gt;
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====643.2.9.3.12 Prorating Costs====&lt;br /&gt;
The need for prorating utility adjustment costs occurs when both the Commission and the utility owner are responsible for a portion of the utility adjustment necessary to allow for highway construction, and the actual costs for reimbursement in each category cannot be explicitly determined. Generally, the following conditions require division of costs:&lt;br /&gt;
* The adjustment is considered partially reimbursable per [[#643.2.8.3_Shared_Responsibility|EPG 643.2.8.3 Shared Responsibility]]&lt;br /&gt;
* Betterments are included in the necessary adjustment of the utility facility&lt;br /&gt;
&lt;br /&gt;
The district utilities staff should negotiate with the utility owner’s representative to determine an equitable basis for the prorating of costs based on the characteristics of the utility adjustment necessary to allow for highway construction.&lt;br /&gt;
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====643.2.9.3.13 Costs Records====&lt;br /&gt;
The estimate should include a statement as to where the utility owner’s cost records may be reviewed. An example: &amp;quot;Company cost records will be available in our office at 2134 Industrial Avenue, Tulsa, Oklahoma&amp;quot;.&lt;br /&gt;
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====643.2.9.3.14 Other====&lt;br /&gt;
Additional statements will explain or further clarify the work that is included. Such other items may include bypasses, special equipment, need for larger utility facilities, etc.&lt;br /&gt;
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==643.2.10 Schedule==&lt;br /&gt;
Timely adjustments of utility facilities are essential for efficient completion of highway construction projects. Ideally, all utility adjustments are completed prior to a project’s Plans, Specifications, and Estimate (PS&amp;amp;E) submittal to Central Office. Depending on the specifics of the highway construction and utility adjustment necessary, early completion of the utility adjustment may not be practical. The district utilities staff should negotiate with the utility owner to determine the schedule parameters necessary for the utility adjustment. At a minimum, the utility owner should document the dates it anticipates starting and completing the work. If a utility adjustment depends upon the completion of a portion of the highway construction, the necessary milestone for starting the utility adjustment should be documented along with an anticipated number of working days to complete the utility adjustment. The schedule is included as Exhibit “C” to the agreement.&lt;br /&gt;
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==643.2.11 Pre-Audits==&lt;br /&gt;
The district utility staff performs a pre-audit review and approval prior to preparation of the agreement. A [https://epg.modot.org/forms/general_files/DE/PreAuditChecklist.docx pre-audit checklist] should be completed and saved in MoProjects.&lt;br /&gt;
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==643.2.12 Utility Agreements==&lt;br /&gt;
Whenever the Commission is responsible for the cost of the necessary adjustments to allow highway construction, an agreement is required. If a Master Reimbursable Utility Agreement (see [[#643.2.12.2_Master_Reimbursable_Utility_Agreements|EPG 643.2.12.2]]) has not been executed with the utility owner, a Project Specific Agreement (see [[#643.2.12.3_Project_Specific_Agreements|EPG 643.2.12.3]]) is executed between the utility owner and the Commission. In some cases, it may be more practical for the Commission to include adjustment of utilities into a Commission administered contract. A Utility Agreement - Actual Cost (For Utility Work That is to be Included in the Missouri Highways and Transportation Commission&#039;s Road Project) (see [[#643.2.12.4_Agreement_for_Utility_Work_Included_in_Roadway_Improvement_Project|EPG 643.2.12.4]]). Agreements include a plan of adjustment (Exhibit “A”), cost estimate (Exhibit “B”), and schedule (Exhibit “C”).&lt;br /&gt;
&lt;br /&gt;
The Utility Agreement boilerplate forms have been approved by the Chief Counsel’s Office (CCO). They are identified in the upper left-hand corner of each agreement by an identifier such as CCO Form: UT01 for the Master Reimbursable Utility Agreement. CCO updates these agreements as necessary. They serve as a guide in the preparation of the agreement to be executed with the utility owner for the adjustments required to their utility facilities to accommodate the proposed roadway improvement project. District utilities staff should use the latest version of the agreement found in [https://netprod3.dot.missouri/eAgreements/Search/QuickSearch eAgreements] in drafting an agreement with utility owners. A list of utility agreements and detailed information concerning the sequence for preparing and executing an agreement is available in EPG [[:Category:153_Agreements_and_Contracts|153 Agreements and Contracts]].&lt;br /&gt;
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These forms are to be used word for word. Revisions or additions are only made to address specific project details. The intent of each paragraph must be retained, although specific words may be revised to fit the particular situation. No paragraphs are deleted without prior approval from CCO. For guidance on acceptance of liability, refer to the [[:Category:153_Agreements_and_Contracts#153.1.1.2_Acceptance_of_Liability_Policy_(MoDOT_Access_Only)|Acceptance of Liability Policy]] at the CCO SharePoint page. Drafts of agreements having major revisions or complications are to be submitted, with supporting data, to Design Division for comment and approval.&lt;br /&gt;
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A reference to 23 CFR 645 is included in all agreements. Utility owners must be acquainted with these requirements and procedures. The incorporation of 23 CFR 645 by reference in all agreements eliminates the need for a second set of regulations to be included in the document.&lt;br /&gt;
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The agreement for the adjustment of a utility is prepared by the district utilities staff and submitted to the utility owner for execution. The agreement is based on the plan, estimate of cost which was prepared in accordance with 23 CFR 645, and schedule. Authorized individuals representing the utility owner will execute the agreement. The agreement must be signed, sealed, and if necessary, notarized by the utility owner. If the utility owner does not have or use a corporate seal, write &amp;quot;NO SEAL&amp;quot; under the signatures of the owner’s officers. Agreements with political subdivisions are to be supported by an appropriate ordinance, a copy of which is to be submitted with the executed agreements. All copies will be forwarded to the CCO for further handling. A fully executed copy of the agreement will be retained in eAgreements. If the agreement was executed using electronic signatures, the district utilities staff should forward an electronic copy of the fully executed agreement to the utility owner. If the agreement was executed using wet signatures, one (1) paper copy of the fully executed agreement will be returned by the Commission Secretary’s Office to the district utilities staff. The district utilities staff will forward this copy to the utility owner.&lt;br /&gt;
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===643.2.12.1 Buy America Build America Requirements===&lt;br /&gt;
All agreements contain information on Buy America Build America (BABA) compliance. The utility owner should select the method of certification (See [[#643.2.19_Buy_America_Build_America_for_Utilities|EPG 643.2.19]]) at the time of agreement completion. The appropriate paragraph will be inserted into the agreement. All BABA compliance documents must be retained by the utility owner and made available upon request at no cost to the Commission and/or FHWA.&lt;br /&gt;
&lt;br /&gt;
====643.2.12.1.1 Utility Owner Self-Certification====&lt;br /&gt;
The City/Company certifies that when determining products/materials subject to Buy America Build America requirements to use in the performance of this Agreement, it shall use only such products/materials for which it has received a certification from its supplier, or provider of construction services that procures the product/material, certifying compliance with Buy America Build America requirements. This does not include products/materials for which waivers have been granted pursuant to 23 CFR 635.410. The City/Company will not be required to provide the Commission copies of the supplier certification as part of this Agreement or with the final invoice of said Commission’s Federal-Aid Highway Construction Project.&lt;br /&gt;
&lt;br /&gt;
====643.2.12.1.2 Vendor/Manufacturer Certification====&lt;br /&gt;
The City/Company certifies that when determining products/materials subject to Buy America Build America requirements to use in the performance of this Agreement, it shall use only such products/materials for which it has received a certification from its supplier, or provider of construction services that procures the product/material, certifying compliance with Buy America Build America requirements. This does not include products/materials for which waivers have been granted pursuant to 23 CFR 635.410. The City/Company shall provide to the Commission all Buy America compliance documents as outlined in the Commission’s Engineering Policy Guide 643. All required compliance documents shall accompany the final invoice submitted to the Commission.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.2 Master Reimbursable Utility Agreements===&lt;br /&gt;
The UT01: Master Reimbursable Utility Agreement (MRUA) is a statewide agreement that has been executed by the utility owner and the Commission for all future reimbursable utility adjustments between both parties. Once a MRUA is executed, no other utility agreements are required on design-bid-build projects. The district utilities staff should encourage utility owners to enter into a MRUA with the Commission to reduce potential future delays in executing a project specific agreement. A list of previously executed [https://modotgov.sharepoint.com/sites/DE/Utilities/Agreements/MRUA%20-%20Existing?csf=1&amp;amp;web=1&amp;amp;e=4LJHoa Master Reimbursable Utility Agreements (Modot Access Only)] is available. District utilities staff should add newly executed agreements to this list. The MRUA can be employed as either an actual cost ([[#643.2.12.3.1_Actual_Cost_Agreements|EPG 643.2.12.3.1]]) or lump sum ([[#643.2.12.3.2_Lump_Sum_Agreements|EPG 643.2.12.3.2]]) agreement. When the reimbursable adjustment will utilize a MRUA, the district utilities staff will prepare a MRUA correspondence letter (“letter agreement”) referencing the executed MRUA. A copy of the MRUA correspondence letter should be saved in MoProjects for reference by Financial Services, the district construction office, and the district staff responsible for inspection of utility adjustments. All project specific items such as type of agreement (actual cost or lump sum), plan of adjustment, estimated total cost, cost allocation, and schedule are addressed in the MRUA correspondence letter from the district utilities staff to the utility owner. A flowchart of the MRUA process is available.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.3 Project Specific Agreements===&lt;br /&gt;
If a utility owner does not have a MRUA with the Commission, a project specific agreement will be required for every project for which the Commission is responsible for the necessary adjustments to allow highway construction. The project specific agreement will be either an actual cost ([[#643.2.12.3.1_Actual_Cost_Agreements|EPG 643.2.12.3.1]]) or lump sum ([[#643.2.12.3.2_Lump_Sum_Agreements|EPG 643.2.12.3.2]]) agreement.&lt;br /&gt;
&lt;br /&gt;
====643.2.12.3.1 Actual Cost Agreements====&lt;br /&gt;
The UT03: Utility Agreement – Actual Cost is used when detailed estimates are not practical or costs appear to be questionable. Details on actual cost estimates can be found at [[#643.2.12.3.1_Actual_Cost_Agreements|EPG 643.2.9.2.1 Actual Cost Estimates]]. Once the final invoice on a UT03 is submitted to Financial Services, district utilities staff should change the status on the agreement in eAgreements to completed.&lt;br /&gt;
&lt;br /&gt;
====643.2.12.3.2 Lump Sum Agreements====&lt;br /&gt;
The UT02: Utility Agreement – Lump Sum eliminates the need for keeping detailed records of cost and the auditing of cost records. Estimates of cost must be prepared in detail for use of this agreement. When detailed estimates are not practical or costs appear unreasonable, actual cost agreements are to be used. Use of special forms of agreements, such as &amp;quot;subordination agreements&amp;quot;, which are desired by certain utility owners, is acceptable. These, too, must be revised to cover the particular situation. Details on lump sum estimates can be found at [[#643.2.9.2.2_Lump_Sum_Estimates|EPG 643.2.9.2.2 Lump Sum Estimates]]. Once the final invoice on a UT02 is submitted to Financial Services, district utilities staff should change the status on the agreement in eAgreements to “completed”.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.4 Agreement for Utility Work Included in Roadway Improvement Project===&lt;br /&gt;
The UT04: Utility Agreement - Actual Cost (For Utility Work That is to be Included in the Missouri Highways and Transportation Commission&#039;s Road Project) allows for the adjustment to be based on actual cost with the roadway contractor performing the utility work. Caution should be exercised in the type of utilities to be relocated in roadway contracts. Utilities recommended are waterlines and sewer lines. Other utilities, such as gas lines, communication lines, and power lines are to be studied thoroughly before being included in the project.&lt;br /&gt;
&lt;br /&gt;
The Transportation Project Manager and district utilities staff must plan ahead to get this work in the roadway contract. The utility owner must agree to include the utility adjustment in the roadway contract. The adjustment may be on highway right of way or on private easement in the name of the utility owner. The utility owner can agree to allow MoDOT’s contractor to work in its easement. However, district utilities staff in consultation with district right of way staff should review the easement documentation to verify the utility owner’s rights to the easement and any limitations on its use. MoDOT’s contractor can work and operate on both Commission right of way and on the utility easement, even when not directly connected to the Commission right of way, as part of the job site. Temporary construction easements may be necessary in addition to the utility easement to ensure adequate working room for the contractor.&lt;br /&gt;
&lt;br /&gt;
:The utility owner may request exemption to any liability for negligence of our contractor working on their easement. The Commission can assume that liability (refer to [[:Category:153_Agreements_and_Contracts#153.1.1.2_Acceptance_of_Liability_Policy_(MoDOT_Access_Only)|Acceptance of Liability Policy]]), but it should be included in the utility agreement if so desired by the utility owner. A Job Special Provision is necessary to require the MoDOT contractor to hold the utility harmless from all claims due to contractor negligence.&lt;br /&gt;
&lt;br /&gt;
Subsurface information, i.e. boring data, etc., should be obtained by the utility owner since it may be needed for the design of the utility adjustment. This information should be included in the plans. If the utility owner must bear all or part of the cost of the adjustment, the utility owner must agree to pay a pre-deposit to the Commission prior to opening bids on the project. This should be in the utility agreement. The pre-deposit will be credited to the &amp;quot;Missouri Highway and Transportation Commission - Local Fund.&amp;quot; Any interest earned in the fund will apply to the cost of the adjustments. The utility agreement will include language that the utility will inspect the installation and assume maintenance of the utility facility after construction. MoDOT will also provide engineering supervision to be sure the road contractor is in compliance with the contract. Utility plans and specifications are to be approved by the owner prior to submittal to the Central Office. The following items will provide minimum information to allow MoDOT’s contractor to bid the work.&lt;br /&gt;
# Individual bid items (not &amp;quot;lump sum&amp;quot;) should be established to promote better bidding and to handle overruns and underruns. Bid items not included on the Computer Stored Bid Item list should be &amp;quot;99&amp;quot; numbers.&lt;br /&gt;
# he bid package must be in our letting format. If the package was prepared by a consultant as if the utility owner were going to let it, all bid bond or bidding procedures must be screened to remove requirements contrary to MoDOT letting requirements. District utilities staff should work with the Transportation Project Manager, Design Liaison Engineer, and Central Office Bidding and Contract Services to ensure this requirement is met.&lt;br /&gt;
# The specifications required by the utility owner should be reviewed for items that could cause a bid problem for our contractor. Items such as non-readily available materials or sizes should be avoided.&lt;br /&gt;
# Utility plan sheets should be .pdf files equivalent to 22 in. x 34 in. It is helpful to have a quantity sheet specifically for utility items.&lt;br /&gt;
# Any special procedures required for the utility installation should be included in the Job Special Provisions.&lt;br /&gt;
# The utility package should be submitted on-time to Central Office with other project plans.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.5 Agreement for a Utility Only Project===&lt;br /&gt;
Any of the above agreements can be modified for a utility only project separate from the roadway project. The utility only project may be done by forces hired by the utility owner or by the Commission. A separate utility only project has distinct advantages when the following occurs:&lt;br /&gt;
* The utility work is extensive&lt;br /&gt;
* It must be performed in accordance with the utility owner’s seasonal requirements&lt;br /&gt;
* It extends beyond the limits of the construction project&lt;br /&gt;
* It must be performed considerably in advance of the roadway contract&lt;br /&gt;
&lt;br /&gt;
Necessary environmental and design work is still required for the limits of the separate utility only project. It may be necessary in these cases to have a second agreement with the utility owner to cover any other work that must be performed concurrently with the roadway contract. These latter agreements will use the roadway construction job number. Early need for utility projects is to be determined at the time when the STIP is updated each year. The utility construction funds will be shown in the year right of way funds are assigned. This will be done whenever possible to secure early adjustment of utility facilities. A request by the district is sent to the Planning Division. Estimated dollar amounts for utility adjustments are needed. These are estimates and do not need to be extremely accurate. When a special utility project is established, it is preferred, if at all possible, to include all the utility adjustments necessary for the entire roadway project. If funds are available, additional agreements can be added to this utility project until the final invoice for the first completed agreement is received for payment.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.6 Supplemental Agreements===&lt;br /&gt;
For utility owners with a UT01 agreement, a supplemental letter agreement documenting the change in the scope or cost of the work is acceptable.&lt;br /&gt;
&lt;br /&gt;
The UT05: First Supplemental Agreement is used to document changes to UT02 and UT03 agreements. If changes to the scope of work occur that are anticipated to exceed $100,000 or 15% of the original agreement, a UT05 is required. If the final invoice on an actual cost adjustment without changes in the scope of work exceeds the limits shown in the table below, a UT05 is required.&lt;br /&gt;
&lt;br /&gt;
{| class=&amp;quot;wikitable&amp;quot; style=&amp;quot;margin-left: 25px; text-align:center&amp;quot;&lt;br /&gt;
! Amount in Original Actual Agreement !! Final Bill Total Exceeds Original Amount by:&lt;br /&gt;
|-&lt;br /&gt;
| 0-$25,000 || 50%&lt;br /&gt;
|-&lt;br /&gt;
| $25,000-$100,000 || 40%&lt;br /&gt;
|-	&lt;br /&gt;
| Exceeds $100,000 || 30%&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
Should multiple UT05s be required with the same utility owner, the UT05 should be modified for additional supplemental agreements. Once the final invoice on an UT05 is submitted to Financial Services, district utilities staff should change the status on the agreement in eAgreements to “completed”.&lt;br /&gt;
&lt;br /&gt;
==643.2.13 Utility Adjustments in Roadway Plans and Job Special Provisions (JSPs)==&lt;br /&gt;
It is the responsibility of the MoDOT Transportation Project Manager (TPM) to ensure utility plans of adjustment are shown on the project plans at the Plan, Specification, and Estimate (PS&amp;amp;E) stage based upon information coordinated by the district utilities staff with the appropriate utility owner.&lt;br /&gt;
&lt;br /&gt;
===643.2.13.1 Plans===&lt;br /&gt;
A legend showing all applicable utility symbols and the names of the utility owners is shown on the first special utility sheet. In the absence of special utility sheets, this information may be shown on the title sheet or the first plan and profile sheet. The following note is required to be placed on the title sheet or the first plan and profile sheet and the first special utility sheet (if used) to inform contractors of the suitability of the utility information contained on the plans.&lt;br /&gt;
&lt;br /&gt;
&amp;quot;The existence and approximate location of utility facilities known to exist, as shown on the plans, are based on the best information available to the Commission at this time. This information is provided by the Commission &amp;quot;as-is&amp;quot; and the Commission expressly disclaims any representation or warranty as to the completeness, accuracy, or suitability of the information for any use. Reliance upon this information is done at the risk and peril of the user, and the Commission shall not be liable for any damages that may arise from any error in the information&amp;quot;.&lt;br /&gt;
&lt;br /&gt;
===643.2.13.2 Job Special Provisions===&lt;br /&gt;
Since the addition of utility information on the plans, supplied by a third party, could subject the Missouri Highway and Transportation Commission to additional liability, a Utility JSP reflecting the status of utility adjustments will be required. The JSP will include the name, address, e-mail address, and telephone number of all utility owner representatives for all utility facilities located on the project. The anticipated adjustment completion date for each utility adjustment is also to be shown based on the agreed upon dates, durations, or completion dates with the utility owner’s representative. This information will inform the bidder of the status of utilities for proper work coordination that could affect the bids for the proposed highway construction project. Status notations will include general notations such as: “N/A”, “Work is in progress”, “Work has not started”, “Work is complete”, and “Work is included in contract.”&lt;br /&gt;
&lt;br /&gt;
===643.2.13.3 PS&amp;amp;E Submittal===&lt;br /&gt;
In the District Final Plans Submittal Checklist (D-12), the TPM should note any issues related to existing utility facilities or the adjustment of utility facilities either shown or not shown on the plans. Projects with “No Utility Impacts” such as some overlays, striping, bridge washing, etc. do not need a Utility Status Letter or Utility JSP. The D-12 is used for these projects. In the D-12, under Project Details – “Utilities”, the note “NO” is selected and under “Status”, select “Clear”. For all other projects, the district utilities staff will write a Utility Status Letter. The TPM will include the Utility Status Letter with the submittal of the final plans to the Design Division. The Utility Status will be defined as:&lt;br /&gt;
# Utility facilities are present, but no conflict is anticipated with the highway construction project. Or,&lt;br /&gt;
# All utility facilities requiring adjustment to allow highway construction have been physically adjusted on the project. Or,&lt;br /&gt;
# Utility construction work is planned or active and will be completed to such a point that no impact will be expected to the highway construction project. The status of this work is defined in the utility JSP. Or,&lt;br /&gt;
# Utility facilities are not expected to be adjusted by the notice to proceed date for the road project, but the utility work will have no impact on the progress of the highway construction project. The status of this work is defined in the utility JSP. Or,&lt;br /&gt;
# Utility facilities must be adjusted after the road contractor completes stage construction or in coordination with the contractors’ work. Details of the coordination effort required of the contractor are defined in the utility JSP to properly advise bidders. Or,&lt;br /&gt;
&lt;br /&gt;
# Utility adjustment plans and specifications are included in the bid documents for the highway construction project. A UT04 agreement must be executed.&lt;br /&gt;
&lt;br /&gt;
==643.2.14 Payment to Utility Companies for Reimbursable Work==&lt;br /&gt;
Authorization and federal funding obligation must be approved prior to incurring costs. This applies to all types of work on utility facilities including preliminary engineering. An obligation is a commitment by the federal government to reimburse MoDOT for the federal share of a project’s eligible cost.&lt;br /&gt;
&lt;br /&gt;
===643.2.14.1 Obligation Process===&lt;br /&gt;
Federal funding can be used with both lump sum and actual cost agreements. After the utility agreement is fully executed, the district utilities staff will email a copy of the utility agreement or the letter agreement referencing the MRUA to the email group OBLIGATE. This email should request the authorization authority for use of federal funds and to be informed of a Notice to Proceed (NTP) (see [[#643.2.15_Notice_to_Proceed|EPG 643.2.15]]) date by Financial Services once federal funding has been obligated. District utilities staff should allow three (3) weeks to receive the NTP. Financial Services will use Advance Construction (AC) funding to fund reimbursement to utility owners. With AC funding, state funds initially are used to pay for reimbursement to utility owners. Once construction is complete, with appropriate documentation of the work via the [https://epg.modot.org/forms/general_files/DE/C-9.docx C-9] and [https://epg.modot.org/forms/general_files/DE/C-13.docx C-13], Financial Services will convert to federal funding.&lt;br /&gt;
&lt;br /&gt;
===643.2.14.2 Preliminary Engineering===&lt;br /&gt;
On occasion, preliminary engineering (PE) may need to be undertaken by the utility owner prior to the execution of a utility agreement. If a utility owner has a MRUA, an estimate of the cost of the PE work by the utility owner may be used to obligate funding for preliminary engineering under the MRUA as a PE only letter agreement. If a lump sum or actual cost agreement will be required with the utility owner for the project, district utilities staff should do two (2) agreements with one agreement covering PE only, and once a design for the adjustment is obtained, a second agreement for the construction of the adjustment should be executed. If a separate PE only agreement is obtained, NTP will need to be issued twice to the utility owner: once for PE and once for construction.&lt;br /&gt;
&lt;br /&gt;
===643.2.14.3 Right of Way===&lt;br /&gt;
Once Notice to Proceed has been given, the utility owner may begin the right of way acquisition process. If the utility owner needs to acquire right of way prior to a full agreement for relocation has been negotiated, the agreement specifically for the acquisition of right of way should be executed. This agreement will be sent to Financial Services to begin the obligation process.&lt;br /&gt;
&lt;br /&gt;
===643.2.14.4 Construction===&lt;br /&gt;
Payment to utility owners for construction of the adjustment may occur in a number of phases.&lt;br /&gt;
&lt;br /&gt;
====643.2.14.4.1 Prepayment====&lt;br /&gt;
Per the utility agreement, the Commission allows utility owners to be prepaid prior to commencing work. The district utilities staff may negotiate the prepayment if the utility owner is receptive. The utility owner will submit a request for prepayment with an invoice prior to any prepayment. Route, county, and job number must be included in the request. The district utilities staff will submit a request to Financial Services with a copy saved in MoProjects for future reference by the district staff responsible for inspection of the utility adjustment.&lt;br /&gt;
&lt;br /&gt;
====643.2.14.4.2 Progress Payments====&lt;br /&gt;
If a utility owner has not been prepaid the entire estimated amount in the utility agreement, then the utility owner may request progress payments after completing a portion of the proposed work, including PE.&lt;br /&gt;
&lt;br /&gt;
Progress payments for PE by consultants should not exceed the &amp;quot;maximum not to exceed amount&amp;quot; shown in the cost estimate unless additional costs are approved first by district utilities staff.&lt;br /&gt;
&lt;br /&gt;
For progress payments, the utility owner is required to submit only a summary of work and materials for which payment is claimed, not a detailed billing. District utilities staff should check only to be sure that sufficient work has been done to justify making the requested payment. Payment should be made for allowable costs incurred up to the date of the progress payment request.&lt;br /&gt;
&lt;br /&gt;
Progress payment invoices do not relieve the utility owner of the responsibility of submitting one complete and final invoice upon completion of the adjustment. The utility owner’s address must be shown on the invoice. The district utilities staff should submit progress payment invoices and applicable C-9s to Financial Services within one (1) week of receipt of invoice.&lt;br /&gt;
&lt;br /&gt;
One copy of the progress payment and one copy of the district utilities staff letter of recommendation must be sent to Financial Services for payment and be stored in MoProjects. The cover memo should include the project number, route, county, actual cost or lump sum utility agreement, Commission obligation percentage, total cost estimate of Commission obligation, and indicate the progress payment number, i.e., progress payment number 1, 2, 3, etc. If more than one progress payment is requested by the utility company, the district should submit progress payment bills to Financial Services in the following format:&lt;br /&gt;
{| class=&amp;quot;wikitable&amp;quot; style=&amp;quot;margin-left: 25px; text-align:center&amp;quot;&lt;br /&gt;
! Payment !! Amount&lt;br /&gt;
|-&lt;br /&gt;
| Progress Payment #1 || $50,000&lt;br /&gt;
|-&lt;br /&gt;
| Progress Payment #2 || 10,000&lt;br /&gt;
|-	&lt;br /&gt;
| Total Payment to Date || $60,000&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
This format will help clarify payment history with the utility owner. Progress payments for actual cost utility agreements may not exceed the Commission&#039;s total estimated cost shown in the agreement. However, if the request for a progress payment exceeds the original estimate, a change order with explanation should accompany the request. (See [[#643.2.16.5_Change_Orders|EPG 643.2.16.5 Change Orders]].)&lt;br /&gt;
&lt;br /&gt;
====643.2.14.4.3 Final Payment====&lt;br /&gt;
Utility owners are required to submit a detailed final invoice to MoDOT for all actual cost reimbursable utility work and for any lump sum reimbursable utility work that was not prepaid. For prepaid lump agreements, the utility owner must submit a zero-dollar ($0) invoice to demonstrate the work has been completed. After the utility work has been fully completed, the district utilities staff responsible for inspection should send the utility owner a “60 Day” [https://epg.modot.org/forms/general_files/DE/FinalInvoiceLetter.docx Final Acceptance Letter] requesting a complete final invoice within 60 days, as detailed in the utility agreement. If the final invoice is not received from the utility owner within 30 days, then a follow up letter should be sent (i.e., “30 Day” [https://epg.modot.org/forms/general_files/DE/FinalInvoiceReminderLetter.docx Reminder Final Invoice Letter]) reminding the utility owner of its obligation to submit a final invoice within 60 days of the completed work. If a final invoice from the utility owner is not received within this timeframe, then the district utilities staff should contact the Design Liaison Engineer for guidance on how to close out the work.&lt;br /&gt;
&lt;br /&gt;
The district utilities staff is expected to check the final bill within two (2) weeks after receipt in as much detail as possible against the C-9. It is their responsibility to verify from field records the quantities of labor, equipment, material used, material retired, and to justify all changes made. If the utility owner’s contractor made the adjustment at unit cost prices, then it is the district utility staff’s responsibility to verify the number of units completed and not the hours of labor and equipment. It is also important for the utility owner to show the words “final bill” or “final invoice” on the last bill, in order for MoDOT to understand that no additional charges will be made on the adjustment. The final bill must show a general description of the utility adjustment, the highway project number, the date on which work was completed or last item of billed expense was incurred, and the location where records can be audited. The order of items in the final statement should follow as closely as possible the order of items in the original estimate. A summary, on the utility owner’s letterhead, of the total cost of preliminary engineering, construction engineering, right of way, labor, overhead, construction travel expense, transportation, equipment, materials, supply, handling, and salvage credits should be shown in a way that will permit direct comparison with the approved estimate from the original or supplemental agreements (see [[#643.2.12.6_Supplemental_Agreements|EPG 643.2.12.6]]).&lt;br /&gt;
&lt;br /&gt;
If the Actual Cost final invoice shows a much higher cost than the original estimate without scope change, the utility owner is required to give reasons in a letter to the district utilities staff explaining why the invoice cost increased. When the Actual Cost final invoice exceeds the amount shown in the table in [[#643.2.12.6_Supplemental_Agreements|EPG 643.2.12.6]], a supplemental agreement is required.&lt;br /&gt;
&lt;br /&gt;
When the district utilities staff has determined that the final invoice is accurate, the C-13 should be completed. Once the C-13 is completed, the C-13 and the final invoice from the utility owner are forward to Financial Services. For Actual Cost agreements, the C-9s should also be included in this transmittal. If no additional payments are required, the district utilities staff should note this in the transmittal as well. If the final invoice indicates previous payments to a utility owner exceeded the final invoice, the utility owner will need to send MoDOT a check for the overpayment amount. The check should be made payable to Director of Revenue – Credit State Road Fund. If the utility owner did not send MoDOT an overpayment check with the final invoice, district utilities staff should send a letter to the utility owner requesting the refund amount. Submittal of the final invoice to Financial Services should not occur until repayment has been received. The submittal to Financial Services should note the receipt of the repayment check.&lt;br /&gt;
&lt;br /&gt;
==643.2.15 Notice to Proceed==&lt;br /&gt;
For PE only, once an agreement has been executed, and Financial Services has advised that authorization from FHWA has been received, district utilities staff will issue a notice to proceed (NTP) letter to the utility owner for the PE. For agreements that include PE and construction or once a final agreement for construction has been executed, right of way clearance has been issued, and Financial Services has advised that authorization from FHWA has been received, the district utilities staff will issue NTP to the utility owner for construction. See [https://epg.modot.org/forms/general_files/DE/NoticeToProceedExampleLetter.docx Example of Notice to Proceed Letter]. If salvage credit is part of the agreement with the utility owner, the NTP letter should include a statement that the utility owner will need to inform district utilities staff of the time and place that inspection may be made of the removed material. The utility owner may be held accountable for full value of materials disposed without proper notice. Utility owners may purchase materials prior to NTP for construction; however, no other work on the adjustment necessary to allow highway construction may begin prior to NTP for construction. The utility owner, for reasons of planning their workload or due to seasonal situations, may request early authorization to perform the work. This request, with the district utilities staff recommendations, is sent to the Design Liaison Engineer for further handling, approval, and advancement of the necessary funds. A copy of the NTP should be saved in MoProjects. If a utility owner begins adjustments prior to NTP for construction, district utilities staff should notify the utility owner immediately in writing that reimbursement will not be made for work done prior to NTP for construction.&lt;br /&gt;
&lt;br /&gt;
==643.2.16 Construction of Utility Adjustments==&lt;br /&gt;
===643.2.16.1 Utility Owner Self-Perform===&lt;br /&gt;
As per 23 CFR 645.115 Construction, it may be cost-effective for certain utility adjustments to be performed by a utility owner with its own internal forces and equipment, provided the utility owner is qualified to perform the work in a satisfactory manner. This cost-effectiveness finding covers minor work on the utility owner’s existing utility facilities routinely performed by the utility owner with its own forces.&lt;br /&gt;
&lt;br /&gt;
===643.2.16.2 Construction Contract Requirements===&lt;br /&gt;
When the utility owner is not adequately staffed and equipped to perform such work with its own forces and equipment at a time convenient to coordination with the associated highway construction, such work may be done one of four ways for utility adjustments:&lt;br /&gt;
# MoDOT can provide the construction services, via awarded contract to the lowest qualified bidder based on appropriate solicitation. This can be done by including the adjustment work in the roadway improvement project ([[#643.2.14_Payment_to_Utility_Companies_for_Reimbursable_Work|EPG 643.2.12.4 Utility Agreement for Utility Work Included in Roadway Improvement Project]]) or by having a utility only project ([[#643.2.12.5_Agreement_for_a_Utility_Only_Project|EPG 643.2.12.5 Utility Only Project]]).&lt;br /&gt;
# The utility owner can award a construction contract to the lowest qualified bidder based on appropriate solicitation.&lt;br /&gt;
# The utility owner can utilize an existing continuing contract, provided the costs are reasonable (see EPG 643.2.9.1 Independent Cost Estimate).&lt;br /&gt;
# The utility owner can contract for low-cost incidental work, such as tree trimming and the like, without competitive bidding, provided the costs are reasonable (see EPG 643.2.9.1 Independent Cost Estimate).&lt;br /&gt;
&lt;br /&gt;
When a utility owner chooses option 2 to award its own new construction contract, the utility owner must provide the following documents and information to the district utilities staff. These documents need to be provided as soon as the utility owner has chosen to pursue a construction contract. Document 1 must be supplied by all utility owners. Documents 2 and 3 are only required when the utility owner is a local government agency who is also a political subdivision of the state of Missouri (e.g., city-owned utilities, county-owned utilities). All other utility owners are encouraged, but not required, to provide Documents 2 and 3.&lt;br /&gt;
# A statement that the utility owner is not staffed or able to perform the required construction activities with its own forces.&lt;br /&gt;
# A copy of the request for proposal used to secure bids.&lt;br /&gt;
# A list of a minimum of 3 bidders whom they believe can do the work. &#039;&#039;&#039;Political subdivisions are required to advertise for the work&#039;&#039;&#039;.&lt;br /&gt;
# Upon review of these documents, the district utilities staff will advise the utility owner to proceed with the solicitation of bids, but the utility owner will not be permitted to award the contract without the concurrence of district utilities staff. For lump sum agreements, approval of contract work and subcontract work is not required.&lt;br /&gt;
&lt;br /&gt;
The following documents need to be provided as soon as the utility owner has determined the lowest qualified contractor and would like to award the project. Document 1 must be supplied by all utility owners. Document 2 is only required when the utility owner is a local government agency who is also a political subdivision of the state of Missouri (e.g., city-owned utilities, county-owned utilities). All other utility owners are encouraged, but not required, to provide Document 2.&lt;br /&gt;
# The name address of the lowest qualified contractor.&lt;br /&gt;
# The tabulation of bids received and other information to support their recommendation for award to the lowest qualified bidder.&lt;br /&gt;
&lt;br /&gt;
The district utilities staff will review and approve the utility owner&#039;s bid information prior to the award of the contract. The Design Liaison Engineer is available to assist the district with review of bid information if necessary. Once the district utilities staff provides concurrence, the utility owner may proceed with awarding the contract. When the utility owner is a local government agency who is also a political subdivision of the state of Missouri (e.g., city-owned utilities, county-owned utilities), a copy of the executed contract must be shared with the district utilities staff. All other utility owners are encouraged, but not required, to provide a copy of the executed contract.&lt;br /&gt;
&lt;br /&gt;
A checklist is available for reviewing contracts to ensure the contract conforms to MoDOT policy and complies with applicable federal regulations.&lt;br /&gt;
&lt;br /&gt;
When a utility owner chooses to utilize a an existing continuing contract, the utility owner will submit a copy of the contract to the district utilities staff. The district utilities staff will review the contract for reasonableness of cost. If district utilities staff and the utility owner’s representative cannot agree on the reasonableness of cost, then the utility owner will be required to award a new construction contract.&lt;br /&gt;
&lt;br /&gt;
===643.2.16.3 Inspection===&lt;br /&gt;
The degree of inspection needed for utility adjustments will vary considerably with the nature and location of the work and whether the Commission is responsible for any portion of the cost of reimbursement. Judgment must be used regarding the manner and regularity of inspection duties. Some phases of the work require a very close check to ensure that the highway will not be adversely affected and to ensure satisfactory performance of work in accordance with the agreement and plans. The degree of inspection may vary from spot checking of overhead installations to continuous close observation of backfilling trenches beneath proposed pavement, embankment area, or adjacent to bridge abutments. Proper inspection can ensure that the utility adjustment is completed as efficiently as possible to minimize future impacts to the utility facility and the highway construction project. A [https://epg.modot.org/forms/general_files/DE/UtilityFieldInspectionChecklist.docx Field Inspection Checklist] to assist district utilities staff responsible for inspection is available.&lt;br /&gt;
&lt;br /&gt;
If it is found that any actual cost reimbursable utility adjustment is being performed by unapproved contractors, district utilities staff should direct the work to stop. The utility owner’s representative should be informed immediately and should be advised in writing that the costs incurred by an unapproved contractor are not eligible for reimbursement under provisions of the agreement. The district utilities staff can take appropriate steps to approve a subcontract and advise when the utility owner can recommence work.&lt;br /&gt;
&lt;br /&gt;
===643.2.16.4 Documentation===&lt;br /&gt;
All documents related to the construction of the utility adjustment necessary to allow highway construction should be stored in MoProjects.&lt;br /&gt;
&lt;br /&gt;
Construction records must be kept to confirm that work is done in accordance with the terms of the agreement and in the manner proposed in the plans. The importance of a complete and accurate record cannot be overemphasized. Detailed records are necessary to support the recommendation for payment of the final invoice. A complete, separate daily record must be kept on each actual cost adjustment and submitted for review when the final invoice is recommended for payment. This district utilities staff responsible for inspection should complete the Daily Utility Report (C-9).&lt;br /&gt;
&lt;br /&gt;
====643.2.16.4.1 Utility Reports====&lt;br /&gt;
The Daily Utility Report ([https://epg.modot.org/forms/general_files/DE/C-9.docx Form C-9]) and the Final Utility Report ([https://epg.modot.org/forms/general_files/DE/C-13.docx Form C-13]) are used for documenting utility adjustments necessary to allow highway construction. The use of C-9s and C-13s will vary with method of reimbursement. For utility adjustments necessary to allow highway construction that overlap with the highway contractor’s work, progress records should be kept as necessary to coordinate the highway and utility construction activities. Sufficient records must be maintained to check and verify the items of labor, equipment, materials, and salvaged items as submitted on the final invoice.&lt;br /&gt;
&lt;br /&gt;
=====643.2.16.4.1.1 Daily Utility Report (C-9)=====&lt;br /&gt;
C-9s are only required for actual cost agreements. The district utilities staff responsible for inspection must in all cases keep records to document inclement weather, down time, and verbal authorization for minor changes. The district utilities staff responsible for inspection must complete a C-9 documenting the number and classification of employees and number of hours worked. Records of material used and of retired materials returned to stock or scrapped must be kept. The utility owner’s major items of equipment must also be recorded. When work is done by the contract method based on unit prices, the district utilities staff responsible for inspection should ascertain that units of work as provided in the bid proposal are measured and recorded to form a basis for checking the final invoice. C-9s should list the location and the number of units of work accomplished for that period. If contract labor or equipment is used by a utility owner on the basis of a bid per hour, per day, etc., it will be necessary to keep records on this labor or equipment time in the same manner as if the utility owner were performing the work with its own internal forces. District utilities staff responsible for inspection should also note all contractors working for the utility owner and the contractor approval authorization dates given in the agreement.&lt;br /&gt;
&lt;br /&gt;
=====643.2.16.4.1.2 Final Utility Report (C-13)=====&lt;br /&gt;
C-13s summarize that the utility adjustment work that was done in accordance with the agreement and plans, the percentage of total cost that is the responsibility of the Commission, and any progress payments that have been made. A C-13 is required for both actual cost and lump sum agreements. The requested numbers shown on line 9 (Commission Estimated Cost) and line 10 (Amount of Final Bill) in the report are the Commission’s total responsibility.&lt;br /&gt;
&lt;br /&gt;
====643.2.16.4.2 Breakdown and Emergency====&lt;br /&gt;
When breakdown and emergency situations occur, prior approval by MoDOT is not required for contract or equipment rental work unless the cost or period of time will be extensive. The utility owner should furnish a letter as soon as possible to explain the situation and set out the estimated costs involved. The district utilities staff’s records should substantiate the need and the changes for personnel and equipment.&lt;br /&gt;
&lt;br /&gt;
====643.2.16.4.3 Stop Work====&lt;br /&gt;
If at any point, a stop work order is given by MoDOT to a utility owner, written documentation of the stop work order should be saved in MoProjects.&lt;br /&gt;
&lt;br /&gt;
===643.2.16.5 Change Orders===&lt;br /&gt;
Any change in the plan of adjustment should be documented in writing to the utility owner as a change order. If the change order is anticipated to exceed $100,000 or 15% of the original agreement amount, district utilities staff should negotiate a supplemental agreement with the utility owner’s representative. Once a supplemental agreement is in place, district utilities staff should contact Financial Services to obtain an adjustment of the obligation mid-project. Change orders without supplemental agreements will be settled once the project is complete.&lt;br /&gt;
&lt;br /&gt;
====643.2.16.5.1 Actual Cost Agreement====&lt;br /&gt;
Slight modifications in quantities or the addition of minor items not included with the original agreement do not require a supplemental agreement. However, such changes should be documented in writing with the utility owner. A supplemental agreement is needed if costs exceed the above threshold or if there is a change in the percentage of cost that is the Commission’s responsibility on an agreement with shared responsibility for costs. Intermediate partial payments cannot be made on items in a supplemental agreement until the supplemental agreement is approved.&lt;br /&gt;
&lt;br /&gt;
====643.2.16.5.2 Lump Sum Agreement====&lt;br /&gt;
A supplemental agreement to a Lump Sum Agreement is only required for significant changes in the scope of work of the utility adjustment necessary to allow highway construction. Normal overruns are not considered as changes in approved work and will not be reimbursed. Significant changes in the scope of work on utility adjustments necessary to allow highway construction cannot be done until the supplemental agreement is approved, and the adjustment in obligation of funds is complete.&lt;br /&gt;
&lt;br /&gt;
==643.2.17 Utilities during Highway Construction==&lt;br /&gt;
The contractor is responsible for having utilities located by contacting Missouri One-Call (811) prior to any excavation on the project. A reminder of this responsibility should be made at the preconstruction meeting.&lt;br /&gt;
&lt;br /&gt;
===643.2.17.1 Preconstruction Meeting (Pre-Con)===&lt;br /&gt;
District utilities staff should be invited to all pre-cons.&lt;br /&gt;
&lt;br /&gt;
Pre-cons fall into three categories relating to utilities:&lt;br /&gt;
# No utility adjustments are anticipated within the project limits,&lt;br /&gt;
# All utility adjustments completed prior to the pre-con, and&lt;br /&gt;
# All utility adjustments not completed prior to the pre-con.&lt;br /&gt;
&lt;br /&gt;
====643.2.17.1.1 No Utility Adjustments Anticipated within the Project Limits====&lt;br /&gt;
For projects without a Utility Job Special Provision (JSP), no involvement of the utility owners is required at the pre-con. For projects with a Utility JSP, the Resident Engineer (RE) should invite all utility owner representatives listed in the JSP with known required adjustment to the pre-con. The RE should review potential impacts of the highway construction project with the contractor and the utility owner.&lt;br /&gt;
&lt;br /&gt;
====643.2.17.1.2 All Utility Adjustments Completed Prior to the Pre-Con====&lt;br /&gt;
The RE should invite all utility owner representatives listed in the JSP with known required adjustment to the pre-con. The RE should review potential impacts of the highway construction project with the contractor and the utility owner. A general discussion should highlight the previous adjustments made by the utility owner and what abandoned utility facilities the contractor may encounter.&lt;br /&gt;
&lt;br /&gt;
====643.2.17.1.3 All Utility Adjustments Not Completed Prior to the Pre-Con====&lt;br /&gt;
It is important for the RE and inspector to understand the utility owner’s work schedule and how it relates to the contractor’s work schedule. During the pre-con, the schedule of the utility owner and highway construction contractor should be discussed, and conflicts should be addressed to allow utility adjustments and highway construction to progress as near to the proposed schedule as possible. On large-scale projects that have many utility issues to address that could impact the work of the highway construction contractor, it may be necessary to have a separate pre-con with utility owner representatives.&lt;br /&gt;
&lt;br /&gt;
===643.2.17.2 Coordination Meetings===&lt;br /&gt;
When the utility work will not be completed soon after the preconstruction meeting, the RE should meet with district utilities staff, the highway construction contractor, and the utility owner representatives on a regular basis to discuss utility coordination issues, so expectations from all parties are known and conveyed clearly. The utility owner may need some work performed by MoDOT or the highway construction contractor prior to completing their adjustments. (Examples include: survey staking of right of way or proposed facilities, trees cleared, grading performed, or new structures built).&lt;br /&gt;
&lt;br /&gt;
==643.2.18 Service Drops==&lt;br /&gt;
Power and communication services provided by utility owners are necessary for the operation of the highway system. These services may include power to traffic signals, lighting, or ITS devices; power for cathodic protection; or telecommunication services to signal controllers or ITS devices. The project design teams should work with district utilities staff to identify proper locations for the applicable utility owners to provide these services. Various utility owners have different requirements for this process. The district utilities staff is encouraged to develop a workable relationship with the utility owners who provide these services to MoDOT. The costs of installing the services charged by the utility owner are considered a non-contractual item and should be accounted for in the project’s budget in the STIP. The proposed location and method for the service drops should be shown on the roadway plans. District utilities staff should meet with the utility owner’s representative to ensure the proposed location can be accommodated by the utility owner. For electrical service connections, the power supply assembly is ideally located a maximum of ten feet (10’) from the source location. Plans submitted for PS&amp;amp;E should reflect the agreed upon location for all service connections. During construction, district utilities staff and district construction staff should work together to ensure the placement of the services is consistent with the project plans. Payment for the service drops should be invoiced by the utility owner to the district. District utilities staff is responsible for submission of the invoice directly to Financial Services for payment noting the non-contractual charges for the project.&lt;br /&gt;
&lt;br /&gt;
==643.2.19 Buy America Build America for Utilities==&lt;br /&gt;
FHWA’s Buy America Build America (BABA) policies require a domestic manufacturing process for all steel or iron products, other construction materials, and manufactured products that are permanently incorporated into Federal-Aid Highway construction projects, including products and materials used for adjustments to utility facilities to allow highway construction. These guidelines are for all federally reimbursable transportation projects where FHWA is the lead federal agency; it does not take precedence over projects where Federal Transit Administration or the Federal Railroad Administration is deemed the be the lead federal agency.&lt;br /&gt;
&lt;br /&gt;
===643.2.19.1 Program Requirements for Utilities===&lt;br /&gt;
All MoDOT projects are federal-aid projects, and therefore, all reimbursable utility adjustments are required to follow the provisions of BABA. More information on MoDOT’s BABA policy and procedures can be found in [[106.9_Buy_America_Requirement|EPG 106.9 Buy America Requirement]]. Specifically, utility owners should be aware of the following procedures for determining applicability of the EPG 106.9 requirements to reimbursable utility adjustments necessary to allow highway construction:&lt;br /&gt;
* BABA does not apply when materials are relocated from one location to another within the project limits.&lt;br /&gt;
* BABA does not apply for materials necessary for temporary utility adjustments assuming materials are removed from the right of way upon completion of the utility adjustment to allow highway construction.&lt;br /&gt;
* Non-reimbursable work must be kept separate from reimbursable work (agreements, permits, etc.) in order to not be subject to BABA.&lt;br /&gt;
&lt;br /&gt;
===643.2.19.2 Certification Requirements for Utilities===&lt;br /&gt;
Utility owners have the option of choosing either to self-certify BABA compliance or provide vendor/manufacturer certification to MoDOT. The method of certification is chosen by the utility owner and is documented in either the MRUA or the project specific agreement. Regardless of agreement type or certification method, the utility owner must be compliant with BABA requirements.&lt;br /&gt;
&lt;br /&gt;
====643.2.19.2.1 BABA Utility Owner Self-Certification====&lt;br /&gt;
If a utility owner chooses to self-certify BABA compliance, the utility owner is not required to provide MoDOT copies of the supplier certification as part of the project documentation or with the final invoice for any reimbursable utility adjustment necessary to allow highway construction. Retention of all documents should be as described in the agreement.&lt;br /&gt;
&lt;br /&gt;
====643.2.19.2.2 BABA Vendor/Manufacturer Certification====&lt;br /&gt;
If a utility owner chooses to use vendor/manufacturer certification, the utility owner will supply MoDOT BABA compliance from all vendors and/or manufacturers. Certification from vendors will be signed by an authorized representative of the vendor on company letterhead or other acceptable documentation and will declare that all supplied materials subject to BABA requirements are fully compliant. Certification from iron or steel manufacturers must be in the form of a mill test report (MTF) issued and signed by the initial fabricator stating the materials subject to BABA were melted and manufactured in the United States. Other written statements on company letter or other acceptable documentation signed by an authorized representative of the manufacturer for any additional treatment to the fabricated material (such as blasting, galvanizing, painting, or coating) will state that all treatment processes occurred in the United States according to FWA guidelines. Retention of all documents should be as described in the agreement. Manufacturer certification for manufactured products or construction materials will state that all materials were sourced from the United States and were fabricated in the United States. Retention of all documents should be as described in the agreement.&lt;br /&gt;
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&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643.4 Railroads (NO CHANGE) &#039;&#039;PAGE TITLE&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;&lt;br /&gt;
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==236.5.12 Excess Land Conveyances &amp;amp; Relinquishments - Utilities==&lt;br /&gt;
All conveyances and relinquishments of Commission-owned property shall be evaluated for the existence of any utility facilities located within the areas to be conveyed or relinquished. A conveyance or relinquishment of Commission-owned property may have implications to the utility facilities, and the utility owners, when the Commission no longer controls the property. It is important to maintain the continuity of utility facilities for the general public; therefore, to identify and minimize potential impacts, MoDOT shall involve utility owners in the conveyance and relinquishment processes.&lt;br /&gt;
&lt;br /&gt;
===236.5.12.1 Excess Land Conveyances Utilities===&lt;br /&gt;
MoDOT shall only recommend that a property be declared excess upon satisfactorily addressing the utility impacts. Whether MoDOT or an external party initiates the conveyance of excess property, utility impacts shall be adequately addressed by using one of the following methods: &lt;br /&gt;
:1. Each utility facility will be relocated by permit into a new utility corridor retained by the Commission.&lt;br /&gt;
:2. Each utility facility will remain in place with the benefit of a non-exclusive permanent utility easement.&lt;br /&gt;
::&#039;&#039;If the Commission holds fee simple title to the property, the Commission shall convey a non-exclusive permanent utility easement to each utility owner&#039;&#039;.&lt;br /&gt;
::&#039;&#039;If the Commission holds a less than fee simple title interest in the property, MoDOT shall facilitate the conveyance of a non-exclusive permanent utility easement from the party acquiring the property to each utility owner&#039;&#039;.&lt;br /&gt;
:3. Each utility facility will be relocated to another portion of the property being conveyed.&lt;br /&gt;
::&#039;&#039;If the Commission holds fee simple title to the property, the Commission shall convey a non-exclusive permanent utility easement to each utility owner&#039;&#039;. &lt;br /&gt;
::&#039;&#039;If the Commission holds a less than fee simple title interest in the property, MoDOT shall facilitate the conveyance of a non-exclusive permanent utility easement from the party acquiring the property to each utility owner&#039;&#039;.&lt;br /&gt;
:4. Each utility facility will be relocated onto a portion of the property already owned by the party acquiring the Commission-owned property, with the benefit of a non-exclusive permanent easement. (MoDOT shall facilitate the conveyance of a non-exclusive permanent utility easement from the party acquiring the property to each utility owner.)&lt;br /&gt;
:5. A three-party negotiated settlement taking into consideration the overall value of the proposed transaction.&lt;br /&gt;
:6. Additional options to address utility impacts may be utilized with approval from the Asst. to the State Design Engineer - Right of Way.&lt;br /&gt;
&lt;br /&gt;
===236.5.12.2 Road Relinquishment Utilities===&lt;br /&gt;
MoDOT shall only recommend the relinquishment of roadways through the [[236.14 Change in Route Status Report|Change in Route Status Report]] upon satisfactorily addressing the impacts to utility facilities. If the roadway will be relinquished to a local public transportation authority, with the intent that it continues to be used as a public roadway, a clause similar to the following shall be included in the deed from the Commission to the local public transportation authority:&lt;br /&gt;
:&#039;&#039;&amp;quot;Grantee, by acceptance of this conveyance, covenants and agrees for itself, its successors and assigns, to allow known or unknown utility facilities currently located on the property, whether of record or not, to remain on the property, and to grant the current and subsequent owners of those facilities the right to maintain, construct and reconstruct the facilities and their appurtenances over, under, and across the land herein conveyed, along with the right of ingress and egress across the land herein conveyed to and from those utilities.&amp;quot;&#039;&#039; &lt;br /&gt;
&lt;br /&gt;
Proposed roadway relinquishments to private entities shall be reviewed in a manner consistent with the conveyance of excess property described in [[236.5 Property Management#236.5.3 Asset Management Committee|EPG 236.5.3 Asset Management Committee]].&lt;/div&gt;</summary>
		<author><name>Hoskir</name></author>
	</entry>
	<entry>
		<id>https://epg.modot.org/index.php?title=User:Hoskir/Revision_Request_4225&amp;diff=58878</id>
		<title>User:Hoskir/Revision Request 4225</title>
		<link rel="alternate" type="text/html" href="https://epg.modot.org/index.php?title=User:Hoskir/Revision_Request_4225&amp;diff=58878"/>
		<updated>2026-06-22T18:08:11Z</updated>

		<summary type="html">&lt;p&gt;Hoskir: /* 643.2.15 Notice to Proceed */&lt;/p&gt;
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&lt;div&gt;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643 Utility Procedures  &#039;&#039;CATEGORY&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt; &lt;br /&gt;
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| ● [https://www.ecfr.gov/current/title-23/chapter-I/subchapter-G/part-64523 CFR 645]&lt;br /&gt;
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| ● [https://www.sos.mo.gov/cmsimages/adrules/csr/current/7csr/7c10-3.pdf7 CSR 10-30]&lt;br /&gt;
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&#039;&#039;&#039;Utility Accommodation Policy:&#039;&#039;&#039; State DOTs are required to develop policies and procedures pertaining to the use, accommodation, and/or relocation of public and private utility facilities on highway rights-of way using Federal-aid highway funds. State DOTs are required to develop, maintain, and obtain FHWA approval of their Utility Accommodation Policy (UAP) (23 CFR section 645.215). This EPG article 643 and subarticles 643.1 through 643.3 are Missouri Department of Transportation (MoDOT)’s Utility Accommodation Policy. Text in EPG 643 consolidates various federal and state statutes and rules into a single, cohesive, workable policy to outline processes for MoDOT staff and utility owners.&lt;br /&gt;
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&#039;&#039;&#039;Delegation of Work:&#039;&#039;&#039; Each MoDOT district is responsible for ensuring implementation of the UAP outlined in the subsequent EPG articles. Each district can create its own organization for whom is responsible for the work including between divisions and job titles. Work responsibilities within this article and subarticles are generic where possible. If a specific title is included, that title has sole responsibility for that item of work.&lt;br /&gt;
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[[media:144 Major Highway System 2022.pdf|major routes]]&lt;br /&gt;
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&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643.1 Utility Location  &#039;&#039;PAGE TITLE&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt; &lt;br /&gt;
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The information in this article provides a uniform system for regulating the location, construction, maintenance, removal, and relocation of utility facilities on the right of way of roadways located on the state highway system. It also provides for the facilitation of construction and maintenance of these roadways. Any location or relocation of utility facilities contrary to this information is an interference with the construction, maintenance, or operation of a state highway and its right of way and is prohibited.&lt;br /&gt;
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==643.1.1 Permits==&lt;br /&gt;
All utility owners are required to obtain a permit to work on Missouri Highway and Transportation Commission (Commission) right of way. A permit is required for original installation of the utility facility, on-going maintenance of the utility facility, or adjustments to a utility facility necessary to allow highway construction. Per [[127.29_Stormwater#127.29.4.3_MCM_3:_Illicit_Discharge_Detection_and_Elimination_(IDDE)_Program|EPG 127.29.4.3]], discharges of anything other than stormwater are not permitted. A deposit or bond is required to ensure completion of the work in accordance with the permit issued. An [https://www.modot.org/permits application for a permit] may be made on established forms specifically stating the nature of the work to be performed. Applications for permits may be obtained at any of the [https://www.modot.mo.gov/ seven (7) district highway offices] of the Commission, [https://www.modot.mo.gov/ MoDOT&#039;s website], or by requesting it from the office of the Missouri Highways and Transportation Commission in Jefferson City, Missouri. The application for a permit will specifically state the nature of the work to be performed, what specific type of utility facility is to be installed, and, if necessary, the timeframe of any temporary use. Piping of any type of sewage or waste will only be allowed providing any permitting by a regulatory agency, such as Missouri Department of Natural Resources, can be provided. Prior to obtaining a permit through MoDOT’s permit system, a utility owner will be required to provide a bond to ensure satisfactory work and complete a TR50 Electronic Signature Agreement with the Commission. The name of the utility owner must match on the bond, TR50, and in the permit system. More information on permitting can be found in [[:Category:941_Permits_and_Access_Requests|EPG 941]].&lt;br /&gt;
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===643.1.1.1 Emergency Work===&lt;br /&gt;
When emergency operations work is necessary, the damaged utility facility may be accessed immediately and without a permit by leaving the pavement at such points as may be necessary to effect emergency repairs, provided immediate notice is given to the Missouri State Highway Patrol and the district utilities staff for the district wherein the work will be performed, and a permit for emergency operations is requested immediately upon discovery of the need for emergency operations. A permit for emergency operations work is to be obtained as soon as practical, but in no event later than two (2) working days after the emergency operations work has commenced. Emergency operations include, but are not limited to, unplanned work in response to utility facilities being so damaged as to constitute an emergency situation directly affecting or endangering traffic on the highway or public health or safety.&lt;br /&gt;
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===643.1.1.2 Third-Party Inspection===&lt;br /&gt;
When a utility owner has a large number of projects in a given area or projects involving great complexity, MoDOT reserves the right to limit the number of permits open at any given time. With approval of the district utilities staff, a utility owner may hire a third-party inspector, at their cost. The third-party inspector will allow the utility owner to increase the number of permits open at any given time. The responsibility of the third-party inspector will be to ensure the installation of the utility facility proceeds in a manner consistent with the plans approved in the permit, including all work zone requirements and conformity with MoDOT’s Standards and Specifications. The MoDOT approved third-party inspector will be listed in the permit. MoDOT may audit third-party inspections and revoke the right to use third-party inspections should the inspectors fail to perform their duties.&lt;br /&gt;
&lt;br /&gt;
===643.1.1.3 Abandoned Utility Facilities===&lt;br /&gt;
All utility facilities installed in Commission right of way are the property of the utility owner whether the utility facility is active or inactive. MoDOT may allow a utility facility to remain on Commission right of way whether the utility facility was abandoned for a MoDOT project or at the utility owner’s discretion. MoDOT may place requirements (such as removing inactive fiber optic cables, grouting pipes, removing valves) on the utility owner as part of the process of abandoning a utility facility. Liability for damage to Commission right of way due to an abandoned facility remains the responsibility of the utility owner. In the event MoDOT requires the removal of the abandoned utility facility, responsibility for the cost of the removal will be determined per [[643.2_Local_Utility_Adjustments_-_Public_and_Private#643.2.8_Preliminary_Engineering_(PE)_Requirements|EPG 643.2.8]].&lt;br /&gt;
&lt;br /&gt;
==643.1.2 Definitions==&lt;br /&gt;
&#039;&#039;&#039;Bridge Attachment:&#039;&#039;&#039; A bridge attachment is any utility facility, including communication lines and electrical lines, or any other utility facility of a similar nature that is fastened to a bridge for the purpose of spanning an obstacle.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Clear zone:&#039;&#039;&#039; The total roadside border area starting at the edge of the traveled way, available for safe use by errant vehicles. This area may consist of a shoulder, a recoverable slope, a non-recoverable slope, and/or the area at the toe of a non-recoverable slope available for safe use by an errant vehicle. Clear zone dimensions are provided in the current edition of American Association of State Highway Transportation Officials Roadside Design Guide.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Ditch Line:&#039;&#039;&#039; A line where the roadway ditch meets the back slope. It is located at the lowest point of a V-bottom ditch or furthest point from the roadway of a flat bottom ditch where the roadway slopes back to the existing ground line.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Duct:&#039;&#039;&#039; An enclosed tubular casing, or raceway, for protecting wires, lines, or cables that is often flexible or semi-rigid (1-3% diametric deflection). The casing, or raceway, is separate from the cable or conductor that passes through it.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Encasement:&#039;&#039;&#039; The term encasement means the placing of an installation around and outside of an underground facility consisting of a larger conduit that permits the removal and replacement of the facility. An alternate to the conduit type encasement is reinforced concrete poured around the utility facility. Utility owners are allowed to use any types of material as a carrier and encasement for its facilities as expressly provided for in the permit issued for the installation of the utility facility.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Freeway:&#039;&#039;&#039; A divided arterial highway with full control of access.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Highway:&#039;&#039;&#039; Any public way for vehicular travel, including the entire area within the right of way and related facilities constructed or improved and maintained by the Missouri Highways and Transportation Commission (MHTC) acting through the Missouri Department of Transportation (MoDOT).&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Interchange Limits:&#039;&#039;&#039; For the uniform handling of utility installations only, the limits of an interchange are the outside ramp curve points. See [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_1_TypicalInterchangeLimits_AOD.pdf EPG Figure 643.1.1] for an example.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Interstate System or Other Freeways/Expressways:&#039;&#039;&#039; Interstate highways and highways with fully controlled access.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Major Routes (Interstates, Freeways/Expressways and Principal Arterials):&#039;&#039;&#039; The major highway system is all routes functionally classified as principal arterials. The principal arterial system provides for statewide or interstate movement of traffic. The major roads in Missouri total approximately 5,500 centerline miles.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Minor Routes:&#039;&#039;&#039; The minor highway system is all routes functionally classified as minor arterials or collectors. These routes mainly serve local transportation needs. The minor roads in Missouri total approximately 28,400 centerline miles.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Normal Right of Way Line:&#039;&#039;&#039; An imaginary line that connects sudden breaks in the major right of way points for roadways. Sight distance right of way points (triangles) at roadway intersections are not to be considered as sudden breaks for determining normal right of way.&lt;br /&gt;
[[File:fig_643.1.2-06_2026.jpg|none|700px|thumb|Figure 643.1.2 Normal Right of Way Line.]]&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Private Lines:&#039;&#039;&#039; Privately owned utility facilities which convey or transmit the commodities outlined in the definition of utility facility of this section but devoted exclusively to private use.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Scenic Enhancement Areas:&#039;&#039;&#039; Scenic enhancement areas include areas acquired or so designated as scenic strips, overlooks, rest areas, recreation areas, and the right of way of adjacent roadways and the right of way of roadways that pass through public parks and historic sites as described under 23 USC 138.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Utility Corridor:&#039;&#039;&#039; An area established for the placement of utility facilities parallel to the normal right of way line.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Utility Facility:&#039;&#039;&#039; Privately, publicly, or cooperatively owned line, facility, or system for producing, transmitting, or distributing communications, cable television, power, electricity, light, heat, gas, oil, crude products, water, steam, waste, storm water not connected with highway drainage or any other similar commodity, including any fire or police signal system or street lighting system which directly or indirectly serves the public and does not include privately owned facilities devoted exclusively to private use. The term &amp;quot;utility facility&amp;quot; includes those facilities used solely by the utility owner that are a part of its operating plant.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Utility Owner:&#039;&#039;&#039; The utility owner is the utility company, inclusive of any wholly owned or controlled subsidiary, or city or county which owns utility facilities. The term also includes those government agencies that lease a utility facility for its own use or otherwise dedicated solely to governmental use.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Variance:&#039;&#039;&#039; A one- (1-) time deviation from the requirements for location or relocation of utility facilities on the right of way of highways in the state highway system as established in [https://www.sos.mo.gov/cmsimages/adrules/csr/current/7csr/7c10-3.pdf Title 7 Code of State Regulations 10-3], requested by the utility, and approved by a MoDOT District Design Engineer.&lt;br /&gt;
&lt;br /&gt;
==643.1.3 Location of Utility Facilities==&lt;br /&gt;
Utility facilities paralleling the roadway should be installed in the utility corridor except as outlined below. The utility corridor is the space for all utility owners generally within six feet (6’) of the normal right of way line. When considering if the current utility corridor is available to expand from six feet (6’) to as much as twelve feet (12’), MoDOT determines if the expansion is warranted. In making the determination, MoDOT will consider the existing utilization of the original six feet (6’) corridor. Poles must remain within two feet (2’) of the normal right of way line unless approved by a variance. The utility corridor will only be expanded beyond six feet (6’) if the original six feet (6’) corridor is fully utilized and additional space would be required to accommodate additional utility facilities. Acquisition of additional right of way to establish a twelve feet (12’) corridor is not required on highway construction projects. For depths for underground utility facilities, see [[#643.1.4.1_Minimum_Cover_for_Underground_Facilities|EPG 643.1.4.1]].&lt;br /&gt;
&lt;br /&gt;
Utility facilities crossing the roadway should be installed as close to ninety degrees (90°) to the centerline of the roadway as possible and based on the guidelines below depending on the type of roadway. See [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_3_TypicalUtilityCorridor-InterchangeatMajorRoute_AOD.pdf EPG Figure 643.1.3] and [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_4_TypicalUtilityCorridor-InterchangeatMinorRoute_AOD.pdf EPG Figure 643.1.4] for typical utility corridors around interchanges.&lt;br /&gt;
&lt;br /&gt;
===643.1.3.1 Interstate System or Other Major Freeways/Expressways===&lt;br /&gt;
The installation of all utility facilities on highways of the Interstate System or other major freeways/expressways with fully controlled access are to be installed, serviced, and maintained without entering or leaving the roadway and ramps except at points approved by MoDOT for that purpose and without parking any equipment or storing materials upon the medians, roadway and ramps, or shoulders of the roadways. Cutting or damaging the pavement or paved shoulders is not permitted. New service connections to existing parallel utility facilities are to be permitted only where an outer roadway exists and then only where access is permitted by the Commission. Careful consideration will be given to the location of guys, anchors, braces, and other supports. Generally, good design practice will provide that appurtenances be located at right of way jogs, along intersecting road right of way, or at other similar acceptable locations, so that encroachment is held to an absolute minimum.&lt;br /&gt;
&lt;br /&gt;
No utility facilities will be permitted within the interchange limits of an interchange between fully limited access highways where planned or existing. Utility facilities within the interchange limits of an interchange with a non-access controlled highway will be permitted only along the minor road, provided that all construction, service, and maintenance can be performed from the minor road. Manholes and poles must be located beyond the ramp termini.&lt;br /&gt;
&lt;br /&gt;
For structures carrying or over interstates or other major freeways/expressways, see [[#643.1.5_Bridge_Attachment_Policy|EPG 643.1.5]].&lt;br /&gt;
&lt;br /&gt;
====643.1.3.1.1 Utility Facilities Crossing the Interstate or Other Major Freeways/Expressways====&lt;br /&gt;
=====643.1.3.1.1.1 Overhead Crossings of the Interstate or Other Major Freeways/Expressways=====&lt;br /&gt;
Overhead crossings of utility facilities are permitted only for power transmission and distribution lines and for multiple circuit communication lines where an underground installation is not economically feasible. Supports for existing utility facilities crossing overhead may remain on the right of way provided they are near the right of way line regardless of the presence of an outer road. Supports for new overhead utility facilities crossing overhead may be located on the right of way near the right of way line where an outer roadway exists and are to be located off the right of way where no outer roadway exists. Overhead service crossings are only permitted in isolated cases for residential or commercial establishments when the denial of the crossing would require construction of more than 1,200 feet (1,200’) of utility line to provide the service. Main or distribution line crossings are required to serve a general area other than isolated cases.&lt;br /&gt;
&lt;br /&gt;
=====643.1.3.1.1.2 Underground Crossings of the Interstate or Other Major Freeways/Expressways=====&lt;br /&gt;
Underground crossings of utility facilities are to be continuously encased under the pavement, medians, ramps, and shoulders with the casing extending to the toe of the fill slopes or to the ditch line. In curbed sections, encasement should extend outside the outer curb of the roadways a distance equal to the depth of the encasement at the curb line. Where installed by open trench through unpaved areas, detector tape should be placed approximately one foot (1&#039;) above the encasement. Where an interstate or other major freeway has a parallel outer roadway, encasement should be continuous under all roadways within the right of way.&lt;br /&gt;
&lt;br /&gt;
Manholes or vent pipes are to be located at the right of way line or adjacent to the outer roadway.&lt;br /&gt;
&lt;br /&gt;
For fiber optic cable, encasement should extend from within six feet (6&#039;) of one right of way line to within six feet (6&#039;) of the other right of way line.&lt;br /&gt;
&lt;br /&gt;
Exceptions may be made for encasement as listed in [[#643.1.4.2_Exceptions_to_Encasement|EPG 643.1.4.2]].&lt;br /&gt;
&lt;br /&gt;
=====643.1.3.1.1.3 Parallel Installations along the Interstate or Other Major Freeways/Expressways=====&lt;br /&gt;
New parallel installations on the right of way may be permitted only where an outer roadway exists, provided that poles are within two feet (2&#039;) of the normal right of way line and underground utility facilities are within the utility corridor, and provided that the utility facility can be installed and maintained between the outer roadway and the right of way line. Existing overhead or underground utility facilities that parallel an existing roadway which will be incorporated into a completed highway as an outer roadway may remain in place if all maintenance and service can be performed from an outer roadway and the existing location does not interfere with construction, maintenance, or operation of the completed highway. If an existing parallel utility facility needs to be relocated so as to not interfere with the construction, maintenance, or operation of the completed interstate or other major freeway, poles may be located withing five feet (5’) of the right of way line.&lt;br /&gt;
&lt;br /&gt;
Underground utility facilities are expected to be buried within the utility corridor of sight distance triangles (SDTs) at roadway intersections unless granted a variance. Overhead utility facilities may be allowed to span intersecting roadways with SDTs provided the poles, or supports, are located outside the SDT.&lt;br /&gt;
&lt;br /&gt;
=====643.1.3.1.1.4 Sanitary Sewers within the Right of Way of Interstates or Other Major Freeways/Expressways=====&lt;br /&gt;
New installations of sanitary sewers should follow the applicable guidelines for either underground crossings or parallel installations as appropriate. Existing gravity trunk sanitary sewers should be considered individually and removed or left in place contingent upon its age, condition, feasibility of moving, and maintenance access. Encasement of existing trunk sewers left in place may be required for questionable condition, protection during construction, or heavy fills.&lt;br /&gt;
&lt;br /&gt;
Manholes should be relocated to the right of way lines or adjacent to an outer roadway.&lt;br /&gt;
&lt;br /&gt;
===643.1.3.2 Major Routes===&lt;br /&gt;
For structures carrying or over major routes, see [[#643.1.5_Bridge_Attachment_Policy|EPG 643.1.5]].&lt;br /&gt;
&lt;br /&gt;
====643.1.3.2.1 Major Routes with Partially Controlled Access Right of Way====&lt;br /&gt;
The installation of all utility facilities on highways with partially controlled access right of way are to be installed, serviced, and maintained without entering or leaving the roadway and ramps except at points approved by MoDOT for that purpose and without parking any equipment or storing materials upon the medians, roadway and ramps, or shoulders of the roadways. Cutting or damaging the pavement or paved shoulders is not permitted. Equipment or materials stored within the right of way must be protected by longitudinal barrier or be located outside the clear zone. New service connections to existing parallel utility facilities are to be permitted only where granted by the Commission.&lt;br /&gt;
&lt;br /&gt;
No utility facilities will be permitted within the interchange limits of an interchange between fully limited access highways where planned or existing. Utility facilities within the interchange limits of an interchange with a non-access controlled highway will be permitted only along the minor road, provided that all construction, service, and maintenance can be performed from the minor road. Manholes and poles must be located beyond the ramp termini.&lt;br /&gt;
&lt;br /&gt;
====643.1.3.2.2 Major Routes with Normal Access Right of Way====&lt;br /&gt;
All new utility facilities will be installed and maintained without cutting or damaging the pavement or paved shoulders except in the event underlying rock formations or other obstructions are encountered that prevent boring or pushing operations. A variance may be granted for pavement cuts when the need is established. Pavement cuts may only be made by permits issued when it is impractical to otherwise service and maintain the facility. The installation of all utility facilities is to be installed without parking any equipment or storing materials upon the medians, roadway and ramps, or shoulders of the roadways. Equipment or materials stored within the right of way must be protected by longitudinal barrier or be located outside the clear zone.&lt;br /&gt;
&lt;br /&gt;
====643.1.3.2.3 Utility Facilities Crossing Major Routes====&lt;br /&gt;
=====643.1.3.2.3.1 Overhead Crossings of Major Routes=====&lt;br /&gt;
Supports for utility facilities crossing overhead should be located as near the right of way line as possible. For major routes with controlled access right of way, new overhead service crossings may be permitted in isolated cases for residential or commercial establishments where the denial of such crossings would require the construction of more than 1,200 feet (1,200’) of utility line to provide the same service. For major routes with normal access right of way, there is no restriction on the placement of service crossings.&lt;br /&gt;
&lt;br /&gt;
=====643.1.3.2.3.2 Underground Crossings of Major Routes=====&lt;br /&gt;
Underground crossings of utility facilities are to be continuously encased under the pavement, medians, ramps, and shoulders with the casing extending to the toe of the fill slopes or to the ditch line. In curbed sections, encasement should extend outside the outer curb of the roadways a distance equal to the depth of the encasement at the curb line. Where installed by open trench through unpaved areas, detector tape should be placed approximately one foot (1&#039;) above the encasement. Where a major route has a parallel outer roadway, encasement should be continuous under all roadways within the right of way.&lt;br /&gt;
&lt;br /&gt;
Manholes or vent pipes are to be located at the right of way line or adjacent to the outer roadway.&lt;br /&gt;
&lt;br /&gt;
For fiber optic cable, encasement should extend from within six feet (6&#039;) of one right of way line to within six feet (6&#039;) of the other right of way line.&lt;br /&gt;
&lt;br /&gt;
Exceptions may be made for encasement as listed in [[#643.1.4.2_Exceptions_to_Encasement|EPG 643.1.4.2]].&lt;br /&gt;
&lt;br /&gt;
====643.1.3.2.4 Parallel Installations along Major Routes====&lt;br /&gt;
New parallel installations on the right of way may be permitted provided that poles are within two feet (2&#039;) of the normal right of way line and underground utility facilities are within the utility corridor. Existing overhead or underground utility facilities that parallel an existing roadway which will be incorporated into a completed highway may remain in place if all maintenance and service can be performed without entering or leaving the roadway except at approved access points; without parking equipment or storing materials on the median, pavement, ramps, or shoulders; and the existing location does not interfere with construction, maintenance, or operation of the completed highway. If an existing parallel utility facility needs to be relocated so as to not interfere with the construction, maintenance, or operation of the completed highway, poles may be located withing five feet (5’) of the right of way line.&lt;br /&gt;
&lt;br /&gt;
Existing steel pipe transmission and distribution facilities for gaseous petroleum products that parallel an existing roadway that will be incorporated into the completed roadway may be left in place subject to an agreement by the utility owner that maintenance or service and facility expansion will be performed without cutting or damaging the pavement or interfering with the construction, maintenance, and operation of the highway and provided that the facility is cathodically protected against corrosion and meets the applicable material requirements.&lt;br /&gt;
&lt;br /&gt;
Underground utility facilities are expected to be buried within the utility corridor of sight distance triangles (SDTs) at roadway intersections unless granted a variance. Overhead utility facilities may be allowed to span intersecting roadways with SDTs provided the poles, or supports, are located outside the SDT.&lt;br /&gt;
&lt;br /&gt;
====643.1.3.2.5 Sanitary Sewers within the Right of Way of Major Routes====&lt;br /&gt;
New installations of sanitary sewers should follow the applicable guidelines for either underground crossings or parallel installations as appropriate. An existing gravity trunk sanitary sewer should be considered individually and removed or left in place contingent upon its age, condition, feasibility of moving, and maintenance access. If an existing parallel gravity main is left in place within the limits of the paved surface, paved shoulder lines, or curb lines, stub mains as required will be laid between the sewer main and curb or shoulder lines for future service connections in each block. Manholes should be relocated outside the traveled roadway as near the right of way line as practical.&lt;br /&gt;
&lt;br /&gt;
===643.1.3.3 Minor Routes===&lt;br /&gt;
For structures carrying or over minor routes, see [[#643.1.5_Bridge_Attachment_Policy|EPG 643.1.5]].&lt;br /&gt;
&lt;br /&gt;
====643.1.3.3.1 Utility Facilities Crossing Minor Routes====&lt;br /&gt;
=====643.1.3.3.1.1 Overhead Crossings of Minor Routes=====&lt;br /&gt;
Existing overhead crossings that interfere with construction, maintenance, or operation should be relocated with their supports as near the right of way line as is practical. New overhead crossing installations should be located with their supports as near the right of way line as is practical.&lt;br /&gt;
&lt;br /&gt;
=====643.1.3.3.1.2 Underground Crossings of Minor Routes=====&lt;br /&gt;
All new utility facilities should be installed and maintained without cutting or damaging the pavement or paved shoulders. A variance may be granted for pavement cuts when servicing and maintaining the facility by any other methods is impractical. Pavement cuts may only be made by permits issued. Underground crossings of utility facilities are to be continuously encased under the pavement, medians, ramps, and shoulders with the casing extending to the toe of the fill slopes or to the ditch line. In curbed sections, encasement should extend outside the outer curb of the roadways a distance equal to the depth of the encasement at the curb line. Where installed by open trench through unpaved areas, detector tape should be placed approximately one foot (1&#039;) above the encasement.&lt;br /&gt;
&lt;br /&gt;
Manholes or vent pipes are to be located at the right of way line or adjacent to the outer roadway.&lt;br /&gt;
&lt;br /&gt;
For fiber optic cable, encasement should extend from within six feet (6&#039;) of one right of way line to within six feet (6&#039;) of the other right of way line.&lt;br /&gt;
&lt;br /&gt;
Exceptions may be made for encasement as listed in [[#643.1.4.2_Exceptions_to_Encasement|EPG 643.1.4.2]].&lt;br /&gt;
&lt;br /&gt;
====643.1.3.3.2 Parallel Installations along Minor Routes====&lt;br /&gt;
New parallel installations on the right of way may be permitted provided that poles are within two feet (2&#039;) of the normal right of way line and underground utility facilities are within the utility corridor. Existing overhead or underground utility facilities that parallel an existing roadway which will be incorporated into a completed highway may remain in place if all maintenance and service can be performed without entering or leaving the roadway except at approved access points; without parking equipment or storing materials on the median, pavement, ramps, or shoulders; and the existing location does not interfere with construction, maintenance, or operation of the completed highway. If an existing parallel utility facility needs to be relocated so as to not interfere with the construction, maintenance, or operation of the completed highway, poles may be located within five feet (5’) of the right of way line.&lt;br /&gt;
&lt;br /&gt;
Underground utility facilities are expected to be buried within the utility corridor of sight distance triangles (SDTs) at roadway intersections unless granted a variance. Overhead utility facilities may be allowed to span intersecting roadways with SDTs provided the poles, or supports, are located outside the SDT.&lt;br /&gt;
&lt;br /&gt;
====643.1.3.3.3 Sanitary Sewers within the Right of Way of Minor Routes====&lt;br /&gt;
New installations of sanitary sewers should follow the applicable guidelines for either underground crossings or parallel installations as appropriate. An existing gravity trunk sanitary sewer should be considered individually and removed or left in place contingent upon its age, condition, feasibility of moving, and maintenance access. If an existing parallel gravity main is left in place within the limits of the paved surface, paved shoulder lines, or curb lines, stub mains as required will be laid between the sewer main and curb or shoulder lines for future service connections in each block. Manholes should be relocated outside the traveled roadway.&lt;br /&gt;
&lt;br /&gt;
===643.1.3.4 Roundabouts===&lt;br /&gt;
Regardless of roadway type, it is desirable to avoid locating utility facilities and their access points within the circulatory roadway. If possible, utility facilities are located in the legs of the roundabout to allow for future maintenance and access at an isolated leg versus affecting the entire roundabout. See [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_5_TypicalLocationofUtilityFacilitiesnearRoundabouts_AOD.pdf EPG Figure 643.1.5] for an example.&lt;br /&gt;
&lt;br /&gt;
===643.1.3.5 Utility Facilities in Scenic Enhancement Areas===&lt;br /&gt;
All existing utility facilities within the limits of a scenic enhancement area requiring adjustment because of construction or reconstruction will be placed underground or relocated beyond the limits of the scenic enhancement area. No new above ground facilities will be permitted. New underground facilities will be permitted provided they do not extensively alter or impair the appearance of the area.&lt;br /&gt;
&lt;br /&gt;
==643.1.4 Installation of Utility Facilities==&lt;br /&gt;
The following sections provide information on the physical installation of utility facilities within highway right of way.&lt;br /&gt;
&lt;br /&gt;
===643.1.4.1 Minimum Cover for Underground Facilities===&lt;br /&gt;
The minimum cover for new underground utilities is:&lt;br /&gt;
* Forty-two inches (42”) for all water lines (parallel and crossings).&lt;br /&gt;
* Forty-two inches (42”) for fiber optic cable (crossings encased in rigid conduit).&lt;br /&gt;
* Seventy-two inches (72”) for fiber optic cable (crossings encased in polyethylene (PE) pipe).&lt;br /&gt;
* Thirty inches (30”) for direct burial and in trench fiber optic cable (parallel).&lt;br /&gt;
* Twenty-four inches (24”) for all other direct burial copper or coaxial cable, (parallel).&lt;br /&gt;
* Seventy-two inches (72”) for uncased polyethylene (PE) gas pipe crossings under ditches and roadways but thirty inches (30”) elsewhere.&lt;br /&gt;
* Thirty inches (30”) for all other (such as, but not limited to, gravity sewers, forced sewers, and electric) underground utilities (both parallel and crossing).&lt;br /&gt;
&lt;br /&gt;
===643.1.4.2 Exceptions to Encasement===&lt;br /&gt;
Exceptions may be made for encasement as follows:&lt;br /&gt;
* Non-fiber communication or electric cables installed in ducts.&lt;br /&gt;
* Welded steel pipelines carrying gaseous or liquid petroleum products - provided they are cathodically protected against corrosion, triple-coated in accordance with accepted pipeline construction standards, and meet applicable material requirements.&lt;br /&gt;
* Natural gas distribution pipe (nominal six-inch (6”) diameter maximum) of polyethylene (PE) plastic, traceable, installed by a horizontal bore method at a minimum depth of seventy-two inches (72”) under ditches and roadways, constructed in accordance with and meeting applicable material requirements.&lt;br /&gt;
* Gas service connections protected and constructed in accordance with and meeting applicable material requirements.&lt;br /&gt;
* Encasement is not required for new trunk sanitary sewer crossings of vitrified clay, reinforced concrete or cast iron except when installation procedures would produce voids in the roadbed, heavy fills, or installations under pressure.&lt;br /&gt;
&lt;br /&gt;
===643.1.4.3 Above Ground or Ground Level Appurtenances===&lt;br /&gt;
Appurtenances protruding more than four inches (4”) above the ground line should be located outside the clear zone. If no feasible alternative exists and if permitted by a variance, appurtenances may be allowed within the clear zone if they meet breakaway criteria or will be shielded by a traffic barrier. Good design practice will provide that appurtenances be located at right of way jogs, along intersecting road right of way, or at other similar acceptable locations, so that encroachment is held to an absolute minimum. Cables, wires, small diameter pipes, and other such utility appurtenances extending from the surface of the ground should be equipped with covers or guards to improve their visibility. Appurtenances within sidewalks or street level pedestrian access routes are to be in conformance with the Americans with Disabilities Act requirements.&lt;br /&gt;
&lt;br /&gt;
The maximum pull box width perpendicular to the right of way line within the utility corridor is thirty inches (30”).&lt;br /&gt;
&lt;br /&gt;
===643.1.4.4 Overhead Utility Facilities===&lt;br /&gt;
The vertical clearance of new or existing overhead installations will not be less than the current minimum requirements of the National Electric Safety Code, but in no case less than eighteen feet (18’) inclusive of sag above the groundline for electrical facilities. Clearance may be reduced for overhead installations of cable, telephone, or fiber optic facilities.&lt;br /&gt;
A minimum radial clearance of twenty-five feet (25’) is provided from any utility facility to the nearest part of any bridge structure. A minimum radial clearance of ten feet (10’) is provided from the nearest charged electrical line to a MoDOT signal, lighting, ITS, or overhead sign structure.&lt;br /&gt;
&lt;br /&gt;
===643.1.4.5 Approved Materials===&lt;br /&gt;
Utility owners are allowed to use any material for underground utility facilities including carrier and encasement provided they accept responsibility for any future repairs and/or replacement of damaged MoDOT facilities should a failure occur. This will allow the use of current technology and procedures to provide the best value to its subscribers and the taxpayers of Missouri. For materials that MoDOT also uses in its highway system, utility owners must provide materials that meet the current [https://www.modot.org/missouri-standard-specifications-highway-construction Missouri Standard Specifications for Highway Construction]. For materials not listed in the Missouri Standard Specifications for Highway Construction, the utility owner should provide documentation of the standards used to determine suitability of the material.&lt;br /&gt;
&lt;br /&gt;
===643.1.4.6 Cutting===&lt;br /&gt;
In the event permission is granted to cut an existing concrete or asphalt pavement or sidewalk, the appropriate provisions below should be followed.&lt;br /&gt;
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====643.1.4.6.1 Pavement====&lt;br /&gt;
All pavement cuts should be made with a saw to the full depth of the pavement. The width of the cut is typically determined by the width of the trench plus a minimum one foot (1’) on each side of the trench. In the event the distance to any adjacent longitudinal or transverse joint or crack is less than four feet (4’), the pavement must be removed to the joint or crack. Cuts for perpendicular service tie-ins should be a minimum of three feet (3’) wide. Longitudinal main installations are typically cut at a minimum of half the lane width, but in no instance should the cut be along the wheel path of the lane.&lt;br /&gt;
[[File:fig_643.1.6-06_2026.jpg|800px|none|thumb|Figure 643.1.6 Pavement Repair Dimension Requirements.]]&lt;br /&gt;
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The utility facilities should be placed in a location with the least impact to the roadway. Typically, this leads to placement in the shoulder when available followed by the two-way left turn lane (TWLTL), and then outside lanes before allowing placement in interior through lanes. Lane switching should be kept to a minimum and should not be used to minimize repair sizes. Cuts for mains or service leads that may not be perpendicular to the roadway should be squared-off.&lt;br /&gt;
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Replacement of cut pavement should be full depth concrete in accordance with the current version at the time of installation of Section 613.10 Full Depth Pavement Repairs of the Missouri Standard Specifications for Highway Construction and the Missouri Standard Plans for Highway Construction. If the area of the pavement repair is not to be fully resurfaced all joints including the overcut from the sawing operation should be filled with an expansive mortar, epoxy, polyester, or joint material as approved by the Engineer in accordance with Section 1057 of the Missouri Standard Specifications for Highway Construction.&lt;br /&gt;
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====643.1.4.6.2 Pedestrian Access Routes====&lt;br /&gt;
All cuts in the pedestrian access routes whether asphalt or concrete should be made by saw and be the full depth of the material. Entire slabs of concrete sidewalk should be removed. Repair of the pedestrian access route must meet Americans with Disability Act requirements, see [[:Category:642_Pedestrian_Facilities|EPG 642]]. Cuts through curb ramps or detectable warning areas are not permitted. Rather the entire curb ramp or detectable warning area must be removed and replaced. MoDOT district ADA contacts can help ensure ADA compliance of impacted pedestrian access routes.&lt;br /&gt;
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===643.1.4.7 Non-disturbance Areas===&lt;br /&gt;
MoDOT has certain areas of right of way where mowing, spraying, digging, or other vegetation disturbance activities are restricted. These areas have been established to mitigate the environmental impacts of a previous project and should be avoided. If the areas cannot be avoided, contact MoDOT’s Environmental Section.&lt;br /&gt;
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==643.1.5 Bridge Attachment Policy==&lt;br /&gt;
No utility facility will be permitted in or on a structure carrying an interstate or other freeway unless it is part of a federal requirement or for MoDOT’s use. When the structure carries any other road type and no other practical means exists for the crossing, wires (communication, electrical, fiber, or metal) will be permitted. Electrical lines must be located to cause minimum exposure to MoDOT maintenance personnel and the public. Pressurized pipelines for gas or other petroleum products and water and all sewer lines are prohibited on all structures due to the risks associated with their failure.&lt;br /&gt;
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===643.1.5.1 Agreement===&lt;br /&gt;
An agreement is required for all utility facilities attached to any structure. A charge will be made for the increased maintenance costs involved. This fee is set by the Bridge Division. When permitted, a 50-year occupational agreement is executed with the utility owner. Agreement BR04 Utility Attachment Agreement is used when an attachment is added to a bridge during its construction. Agreement BR09 Bridge Attachment Agreement is used when an attachment is added to an existing bridge.&lt;br /&gt;
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===643.1.5.2 Requests===&lt;br /&gt;
Requests to attach facilities to structures is a multi-step process. Bridge Division is responsible for approval of the bridge attachment. If at any point in the process, Bridge Division determines the attachment to be unacceptable, a reason is to be provided.&lt;br /&gt;
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To start, the utility owner submits a conceptual request to the district utilities staff. The conceptual request consists of an explanation of the proposal; a general location sketch (i.e., which side of the bridge); and details on the facility, length, and weight per foot when full. The district utilities staff should work with all relevant district personnel including the District Bridge Engineer in reviewing and recommending the attachment. The district utilities staff will submit the recommended details to the Bridge Division to determine the applicable costs including future maintenance costs and for attachments to new bridges, design and construction. Once the Bridge Division has determined the cost, the district utilities staff shares the cost with the utility owner for their concurrence with furthering the process. For new bridges, if the utility owner concurs with the costs, the district utility staff will prepare the BR04 Agreement for execution by the utility owner and the Commission. MoDOT will be responsible for the design and construction of attachments to new bridges. For existing bridges, the district utilities staff will forward the applicable as-built bridge plans to the utility owner for its use in designing the bridge attachment. The utility owner will provide detailed design drawings, signed and sealed by a professional engineer in the State of Missouri, to the district utilities staff for review. The district utilities staff should work with all relevant district personnel, including the District Bridge Engineer, in reviewing and recommending the details of the attachment to the Bridge Division. Once Bridge Division approves, the Bridge Division will prepare the BR09 Agreement for execution by the utility owner and the Commission. The utility owner is responsible for the construction of attachments to existing bridges. A flow chart, [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_7_BridgeAttachementProcess_AOD.pdf EPG Figure 643.1.7], of the process is available.&lt;br /&gt;
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Payment from the utility owner for the attachment will be sent to Financial Services by district utilities staff. For BR04 agreements, district utilities staff should discuss with Financial Services how to get the payment credited to the project constructing the attachment. For BR09 agreements, district utilities staff should copy Bridge Division on correspondence with Financial Serves. Checks should be made payable to Director of Revenue, Credit State Road Fund.&lt;br /&gt;
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For requests from government entities such as cities, counties, and other municipalities, the requested information should be submitted to Bridge Division as described above. However, the district utilities staff will take the lead in preparing the DE10 County Agreement or DE11 Municipal Agreement, as applicable, with input from Bridge Division and Bridge Maintenance. All fees are waived for government entities.&lt;br /&gt;
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===643.1.5.3 Considerations===&lt;br /&gt;
The following considerations are made in determining the acceptability of a bridge attachment. Unique situations will be discussed with the Bridge Division as required.&lt;br /&gt;
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====643.1.5.3.1 Bridge Asset Management Program====&lt;br /&gt;
Requests for bridge attachments should be reviewed for consistency with the district’s upcoming bridge asset management program needs. If a structure is due for rehabilitation or replacement in the near future, information should be provided to the utility owner indicating existing remaining life of the bridge. In some instances, it may be in MoDOT’s best interest to deny the request for attachment outright. In some instances, the utility owner may still choose to pursue the short-term attachment to the existing structure. In almost all cases, the utility owner is responsible for the cost of removing and/or relocating their utility facilities for a necessary repair, widening, improvement or reconstruction of the structure. Review existing agreements for cost responsibility for current attachments.&lt;br /&gt;
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====643.1.5.3.2 Aesthetics====&lt;br /&gt;
In reviewing a request for a bridge attachment, how the structure is viewed by the public will be considered. For example, is the structure over a scenic stream that is extensively used by canoeists, or does the structure span a road that may provide access to a park, campgrounds, or boat launching facilities? Is the structure a grade separation where the motoring public will see the attachment before they pass under it?&lt;br /&gt;
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====643.1.5.3.3 Method of Attachment====&lt;br /&gt;
In order to maintain structural integrity of any structures the following requirements will apply for attachments.&lt;br /&gt;
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=====643.1.5.3.3.1 Welding=====&lt;br /&gt;
Welding of hardware to structural steel members (i.e., flanges, webs, stiffeners, and diaphragms) whether in tension or compression is not permitted.&lt;br /&gt;
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=====643.1.5.3.3.2 Drilling=====&lt;br /&gt;
Drilling holes in any structural steel member is not permitted. Drilling holes for anchors into any prestressed concrete member is not permitted. Although permitted, drilling holes for anchors into the underside of bridge decks must be done with caution. It is recommended all anchors be installed to miss deck reinforcing steel. Generally, drilling into decks will not be allowed where sonotubes were used (voided slab bridges). The depth of the holes should be such that breaking out of the concrete on the top side of the deck does not occur.&lt;br /&gt;
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=====643.1.5.3.3.3 Corrosion=====&lt;br /&gt;
Attachment hardware will be new, properly coated to prevent corrosion or be of a non-corrosive material, and be designed to support the facility.&lt;br /&gt;
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====643.1.5.3.4 Location====&lt;br /&gt;
In general, attachments are made on the underneath side of the bridge deck. The condition of the bridge deck will dictate the location of the attachment supports. An exception may be attachments to trusses or other overhead structures.&lt;br /&gt;
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Attachments that may require manholes in bridge decks are not allowed.&lt;br /&gt;
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When attachments are required to structures over streams that may carry large drifts, they must be attached to the downstream side of the structure and above the lowest superstructure element. It is preferred to locate the attachment on the outside of the exterior girder. If aesthetics are a concern, a better appearance can be achieved by having the attachment made to the inside of the exterior girder and above the bottom of the lower flange to hide the conduit and the attaching hardware.&lt;br /&gt;
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Placement of utilities must not prevent the removal of old paint, the application of new paint on superstructure steel, or cause debris buildup, which could cause structural deterioration.&lt;br /&gt;
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====643.1.5.3.5 Construction and Maintenance====&lt;br /&gt;
If the attachment cannot be built while maintaining one (1) lane of traffic on the structure, it will not be allowed.&lt;br /&gt;
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Construction procedures that severely impact traffic may factor into the allowable location of the attachment on the structure.&lt;br /&gt;
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When scaffolding is to be attached or supported by bridge rails, bridge superstructure, or bridge substructure, the procedures for construction of the attachment must be reviewed.&lt;br /&gt;
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The utility owner or local entity will pay for, or be responsible for, the painting of the attachment, if necessary, when the bridge requires painting.&lt;br /&gt;
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==643.1.6 Private Lines==&lt;br /&gt;
Private lines are permitted to cross the right of way of a highway in the same manner as outlined for all utility facilities in above sections of this article. Parallel installations along the right of way of a highway are not permitted. Special conditions at a specific location that make adherence to this policy impractical will be submitted to the Chief Engineer for consideration of an acceptable alternative. In certain situations, it may be necessary to obtain approval from the Federal Highway Administration (FHWA) before approval to use the alternative can be given to the private utility owner.&lt;br /&gt;
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==643.1.7 Water and Sewer Separations==&lt;br /&gt;
The Missouri Department of Natural Resources (MoDNR) Safe Drinking Water Commission via 10 CSR 60-10 and Clean Water Commission via 10 CSR 20-8 govern the design of water and sewer lines in the vicinity of one another. Basic criteria are outlined below for information, and details are contained within the regulations. MoDOT is not responsible for providing or acquiring adequate right of way for utility owners to comply with MoDNR requirements.&lt;br /&gt;
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===643.1.7.1 Water and Sewer Separations===&lt;br /&gt;
====643.1.7.1.1 Horizontal====&lt;br /&gt;
Sanitary and storm sewers are to be laid at least ten feet (10’) horizontally measured from outside edge to outside edge from any existing or proposed water main. In cases where it is not practical to maintain ten feet (10’) of separation, installation of the water main closer to the sewer is acceptable where the water main is installed in a separate trench or on an undisturbed earth shelf located on one (1) side of the sewer at an elevation so the bottom of the water main is at least eighteen inches (18”) above the top of the sewer.&lt;br /&gt;
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===643.1.7.2 Crossings===&lt;br /&gt;
Water mains are to be laid to provide a minimum vertical distance of eighteen inches (18”) vertically measured outside edge to edge from sanitary or storm sewers. This is the case whether the water main is above or below the sewer. One (1) full length of water pipe must be located so both joints will be as far from the sanitary or storm sewer line as possible. Special structural support for the water main or sanitary or sewer main may be required.&lt;br /&gt;
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===643.1.7.3 Exception===&lt;br /&gt;
When it is impossible to obtain proper horizontal and vertical separation as stipulated, the sewer will be designed and constructed equal to water pipe and will be pressure-tested to assure it is watertight prior to backfilling.&lt;br /&gt;
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===643.1.7.4 Water Supply Interconnections===&lt;br /&gt;
No physical connection is permitted between a public or private potable water supply system and any sanitary or storm sewer or appurtenance that would permit the passage of any sewage or polluted water into the water supply. No water pipe is permitted to pass through or come in contact with any part of a sanitary sewer manhole.&lt;br /&gt;
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===643.1.7.5 Water Works Structures===&lt;br /&gt;
Sewers are not permitted to be installed within fifty feet (50’) in any direction from any existing or proposed public water supply well or other water supply sources or structures.&lt;br /&gt;
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==643.1.8 Variances==&lt;br /&gt;
Occasionally, it is impractical to locate a utility facility in accordance with requirements outlined in this article. MoDOT may consider a utility owner’s request for a variance from these requirements on a case-by-case basis. The utility owner should complete a [https://epg.modot.org/forms/general_files/DE/UtilityVarianceApprovalForm.docx Utility Variance Approval Form] to be submitted to MoDOT for consideration. Variances on the Interstate System require approval of the Federal Highway Administration (FHWA). A flow chart, [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_8_VarianceApprovalProcess.pdf EPG Figure 643.1.8], of the variance process is available.&lt;br /&gt;
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A variance will not be permitted just for the convenience of the utility owner. The utility owner requesting a variance must provide all necessary information to properly evaluate if a variance should be approved. For example, a utility owner requesting a variance because “the utility corridor is full” must explore all reasonable options. It is suggested that the requestor pothole the existing utility corridor to confirm the location of existing utility facilities and provide that data to support the need to locate outside of the utility corridor due to its congestion.&lt;br /&gt;
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===643.1.8.1 Variance Process===&lt;br /&gt;
Any utility owner of a public utility facility may apply for a variance. The process for requesting a variance is as follows:&lt;br /&gt;
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====643.1.8.1.1 Submittal Requirements====&lt;br /&gt;
Utility owners submit to the district utilities staff a written request for a variance using the [https://epg.modot.org/forms/general_files/DE/UtilityVarianceApprovalForm.docx Utility Variance Approval Form]. The utility owner must clearly show the provision(s) or guideline(s) for which the variance is being requested; the condition(s) which the utility owner believes warrant(s) the granting of a variance; a thorough explanation of the reason(s) for the requested variance, including sufficient and appropriate documentation of safety, aesthetic, or constructability constraints that would be adverse to the function, access, or maintenance of the utility facility and not in the best interest of the public.&lt;br /&gt;
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====643.1.8.1.2 MoDOT Consideration of Variance Request====&lt;br /&gt;
The utility owner bears full responsibility for demonstrating to MoDOT’s satisfaction that the variance is the most appropriate way to serve the public interest. MoDOT may present to the utility owner and the utility owner must consider reasonable alternatives to the variance requested by the utility owner. In determining whether to grant a variance, district utilities staff will consider all relevant factors including, but not limited to: the requested variance is reasonably necessary for the convenience, safety, health, and/or welfare of the public; there is an exceptional or undue burden or hardship on the specific applicant; a physical impracticability that would result from the applicant’s adherence to the normal location requirements; and the requested variance will not impair the safe construction, maintenance, operation, and safety of public travel on the highway. District utilities staff may consult with the Design Liaison Engineer in evaluating variances.&lt;br /&gt;
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====643.1.8.1.3 Approval of Variances====&lt;br /&gt;
Once district utilities staff have agreed to accept a variance proposed by the utility owner, the [https://epg.modot.org/forms/general_files/DE/UtilityVarianceApprovalForm.docx Utility Variance Approval Form] and all supporting documentation is sent to the District Design Engineer (DDE) for approval. If a variance is on interstate right of way, the DDE-signed Variance Request Form and all supporting documentation is forwarded to the Design Liaison Engineer who will forward to FHWA for their concurrence.&lt;br /&gt;
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====643.1.8.1.4 Variance Appeal Informal Hearing====&lt;br /&gt;
If denied a variance, the utility owner has thirty (30) calendar days to request an informal hearing for the purpose of appealing the denial. Requests must be made in writing to the State Design Engineer, Missouri Department of Transportation, P.O. Box 270, Jefferson City, MO 65102. If the utility owner requests an informal hearing, MoDOT’s authorized representative will advise the applicant of the time, date, and place of the hearing. The hearing is not a contested case under RSMo 536. The rules of evidence will not apply at the hearing, and MoDOT’s decision after the conduct of the hearing is not subject to further appeal.&lt;br /&gt;
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==643.1.9 Excess Right of Way==&lt;br /&gt;
Prior to conveyance of excess right of way, the status of utility facilities within said parcel must be addressed. See [[236.5_Property_Management#236.5.12_Excess_Land_Conveyances_&amp;amp;_Relinquishments_–_Regulated_Utilities|EPG 236.5.12]].&lt;br /&gt;
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==643.1.10 Broadband==&lt;br /&gt;
Broadband development in the state of Missouri is handled by the Department of Economic Development (DED). MoDOT shares its approved Statewide Transportation Improvement Program (STIP) project list with DED. All MoDOT policies related to placement of utility facilities within Commission right of way as outlined in this EPG article 643.1 are to be followed.&lt;br /&gt;
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&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643.2 Utilities in Program Delivery &#039;&#039;PAGE TITLE&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt; &lt;br /&gt;
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==643.2.1 Introduction==&lt;br /&gt;
Improvements to the highway system often require negotiation between the Commission and a city, a county, or a public or private utility owner. The Commission’s district utilities staff is responsible for coordination of highway improvement projects with the utility owner’s representative. The impact to a utility, the responsibility for the cost of adjustments necessary to allow highway construction, the plan of adjustment of the utility, the responsibility of performance of work on utility facilities, and the schedule of the utility adjustment are all items that vary depending on the project and should be investigated and negotiated to ensure highway improvement projects are delivered on-time and on-budget. These should comply with Commission policy. A flowchart [link here] outlining all the utility adjustment processes (reimbursable and non-reimbursable relocations, Master Reimbursable Utility Agreements and Project Specific Agreements, etc.) are available in the list of figures at the top of the page. These processes will not always be in combination, but each should be considered with each project.&lt;br /&gt;
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The district utilities staff, in conjunction with the Transportation Project Manager (TPM), is expected to invite and encourage participation of utility owner representatives in MoDOT project meetings as needed.&lt;br /&gt;
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When a project involves utility adjustments for which the Commission is responsible for costs, the TPM should program the costs of the utility adjustments as non-contractual construction costs in the STIP Information Management System (SIMS).&lt;br /&gt;
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==643.2.2 Annual Utility Meeting==&lt;br /&gt;
Each district should hold an annual meeting with utilities to discuss current STIP projects in the district. The annual meeting should be held during each year&#039;s STIP preparations, ideally between January and May. All utility owners that have utility facilities in the district should be invited. The intent is to provide the utility owners with an idea of upcoming projects to allow them the opportunity to plan and budget for potential adjustments of their utility facilities, identify both MoDOT and utility roadblocks, and develop action plans to complete utility adjustments better, faster, and cheaper.&lt;br /&gt;
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==643.2.3 Determination of Existing Utilities==&lt;br /&gt;
District utilities staff should determine the appropriate level of effort needed to accurately identify existing utilities within the footprint of a proposed highway construction project. Aboveground utilities are easily identifiable via field checks; however, determination of the precise location of underground utilities can be more challenging and time consuming. Therefore, the district utilities staff should balance the risk of conflict with the highway construction project against the level of effort needed to determine the location.&lt;br /&gt;
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The level of effort on mapping utilities is dependent on the scope of the project and the potential for utilities having an impact on the construction of the project. The project schedule should include the time to complete this task accurately. The time and effort necessary for having accurate locates requires close interaction with the utility locators. Early contact with utility owner representatives may be necessary to accurately locate underground utility facilities.&lt;br /&gt;
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Various methods of determining existing underground utilities result in different levels of quality. ASCE Standard 38 Standard Guidance for Investigating and Documenting Existing Utilities classifies four levels of quality:&lt;br /&gt;
:1. Quality Level D: QL-D is the most basic level of information for utility locations. It comes solely from existing utility records or verbal recollections, both typically unreliable sources. It may provide an overall &amp;quot;feel&amp;quot; for the congestion of utilities but is often highly limited in terms of comprehensiveness and accuracy. QL-D is useful primarily for project planning and route selection activities.&amp;lt;br&amp;gt;&lt;br /&gt;
: Missouri 811 or “private-locate” markings are to be considered to be QL-D.&lt;br /&gt;
:2. Quality Level C: QL-C is probably the most used level of information. It involves surveying visible utility facilities (e.g., manholes, valve boxes, etc.) and correlating this information with existing utility records (QL-D information). When using this information, it is not unusual to find that many underground utilities have been either omitted or erroneously plotted. Therefore, its usefulness is primarily on rural projects where utilities are not prevalent or are not too expensive to repair or relocate.&lt;br /&gt;
:3. Quality Level B: QL-B involves the application of appropriate surface geophysical methods to determine the existence and horizontal position of virtually all utilities within the project limits. This activity is called &amp;quot;designating&amp;quot;. The information obtained in this manner is surveyed to project control. It addresses problems caused by inaccurate utility records, abandoned or unrecorded utility facilities, and lost references. The proper selection and application of surface geophysical techniques for achieving QL-B data is critical. Information provided by QL-B can enable the accomplishment of preliminary engineering goals. Decisions regarding location of storm drainage systems, footers, foundations, and other design features can be made to avoid conflicts with existing utilities. Slight adjustments in design can produce substantial cost savings by eliminating utility relocations.&lt;br /&gt;
:4. Quality Level A: QL-A, also known as &amp;quot;locating or potholing&amp;quot;, is the highest level of accuracy presently available and involves the full use of the subsurface utility engineering services. It provides information for the precise plan and profile mapping of underground utilities through the nondestructive exposure of underground utilities, and provides the type, size, condition, material, and other characteristics of underground features.&lt;br /&gt;
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For projects with scopes that have potential for utility conflicts, the minimum level of effort required is SUE Quality Level D. Locations of existing utilities are determined by requesting locates through Missouri 811, also known as the “One-Call” process. Missouri 811 locating requests should be carefully considered for the scope of work of the project. When necessary, the location of existing utilities should be established by a field survey of locate markings and features and shown on the roadway plans. Higher level SUE Quality Levels can be used on any project. Adjustment cost savings, whether to the MoDOT or to the utility owner, are beneficial to the taxpayer. Good SUE projects are typically urban in nature, or in congested areas, where the project footprint is to be minimized, or anytime accurate vertical and horizontal location of the utility facility might allow a design to avoid the utility facility thus preventing the need for the adjustment. The SUE process combines civil engineering, surveying, and geophysics. It utilizes several technologies, including vacuum excavation and surface geophysics.&lt;br /&gt;
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When proposed excavation or installation of subsurface features (drainage, equipment bases, etc.) falls within three feet (3’) of a marked Missouri 811 line, soft digging (hand digging, potholing, vacuum methods, pressurized air/water jetting, pneumatic hand tools, etc.) is required to more exactly locate the utility facility both horizontally and vertically. Utility facilities present within the right of way by permit, should be investigated by the utility owner. Utility facilities that would be reimbursable or partially reimbursable as defined in EP 643.2.8 will be investigated by MoDOT.&lt;br /&gt;
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==643.2.4 Conflict Determination==&lt;br /&gt;
Determination of whether a conflict exists between an existing utility facility and a proposed highway improvement project should occur at the earliest possible stage of project development. A conflict may be the result of the physical interaction between the roadway infrastructure and utility facility, a reduction in cover or increase in fill over underground utilities, a reduction in horizontal clearance whether above or below ground, a reduction in overhead vertical clearance, paving over utilities, or restricting a utility owner’s access to its utility facilities. District utilities staff should work with utilities to determine if a conflict exists and the appropriate plan of adjustment to remedy the conflict. The adjustment to the utility may be a relocation or another measure that protects the utility or access to the utility from the proposed highway improvement project. Determination of a conflict needs to be continually re-evaluated as the project design progresses. Continuing coordination is essential.&lt;br /&gt;
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==643.2.5 Utility Plan of Adjustment==&lt;br /&gt;
===643.2.5.1 Request for Plan of Adjustment===&lt;br /&gt;
District utilities staff will request a plan of adjustment from utility owners whose utility facilities are in conflict with a proposed highway project. The plan of adjustment may consist of efforts to relocate the utility or otherwise protect a utility from the impacts of the proposed highway project. Utilities are shown on the roadway plan and profiles sheets that are furnished to utility owners for use in planning required utility adjustments. Any other sheets such as drainage, traffic signal, lighting, or ITS plans that show impacts to a utility facility should also be provided to the utility owners. All adjustments, reimbursable or not, require a plan of adjustment furnished by the utility owner.&lt;br /&gt;
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A transmittal letter is included in the request for a plan of adjustment. The letter informs the utility owner that regardless of whether an adjustment is reimbursable, no physical adjusting or relocating of their utility facilities to accommodate the proposed highway improvement is to be performed without specific approval and authorization. Additionally, if any part of the adjustment has the potential to be reimbursable, they are advised:&lt;br /&gt;
# They may undertake preliminary engineering by their own forces upon approval by district utilities staff of the estimated costs of preliminary engineering.&lt;br /&gt;
# They may employ a consultant to do the PE work provided they request and obtain prior approval. See [[#643.2.6_Preliminary_Engineering_Requirements|EPG 643.2.6 Preliminary Engineering Requirements]].&lt;br /&gt;
# Any preliminary engineering costs accrued prior to the date of written authorization to proceed will not qualify for reimbursement.&lt;br /&gt;
# Replacement right of way or easements cannot be purchased without specific approval and authorization.&lt;br /&gt;
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===643.2.5.2 Proposed Plan of Adjustment===&lt;br /&gt;
Developing a plan of adjustment is a multi-step process. The utility owner will propose a conceptual approach to adjusting the utility facilities to allow highway construction. This conceptual approach is used as the basis for determining cost responsibility, estimate of costs for preliminary engineering and construction, developing the agreement if necessary, and final design of the adjustment. Negotiations between district utility staff and the utility owner’s representative can result in changes to the design throughout the process.&lt;br /&gt;
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Final plans of adjustment must contain a legend on the first sheet identifying the utility symbols used. They must also show the existing utility facilities and their disposition, the location of the new or adjusted utility facilities, the existing and new right of way lines, the limited or fully controlled access symbols (where applicable), the existing and proposed roadways, ramps, and outer roadways and any other pertinent roadway information. They must contain sufficient details concerning location, elevation, compaction, clean up, etc. to provide for the proper adjustment of the utility facility. Relocated and/or existing utility facilities that will remain in place must be dimensioned or indicated in a manner to show their location in respect to the right of way lines. It is preferred that the utility owner transmits the plan of adjustment by electronic deliverables in a format that can be incorporated into the roadway plans. This will reduce the time and effort necessary as well as increase the accuracy of transferring this information into the roadway plans.&lt;br /&gt;
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Plans of adjustment received from the utility owner are to be checked for compliance with MoDOT’s requirements ([[#643.1_Utilities_Location|EPG 643.1 Utility Location]]) by the district utilities staff. They are also checked to ensure compatibility with the roadway design. Any continuing conflicts are resolved through negotiations with the utility owner.&lt;br /&gt;
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Occasionally, it is impractical to perform a utility adjustment in accordance with MoDOT’s requirements. Sometimes the utility may request approval of a plan of adjustment that does not conform to these requirements. Deviation from MoDOT’s utility requirements is a variance. Refer to [[#643.1.8_Variances|643.1.8 Variance Process]] for additional guidance.&lt;br /&gt;
The final plan of adjustment is included as Exhibit “A” to the agreement ([[#643.2.12_Utility_Agreements|EPG 643.2.12 Agreements]]).&lt;br /&gt;
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==643.2.6 Preliminary Engineering Requirements==&lt;br /&gt;
Preliminary engineering (PE) can be performed one of four ways for utility adjustments:&lt;br /&gt;
# The utility owner can use its own engineering forces.&lt;br /&gt;
# MoDOT can select an engineering consultant, after consultation with the utility owner, and the consultant contract will be administered by MoDOT.&lt;br /&gt;
# The utility owner can select an engineering consultant, with approval by MoDOT, and the consultant contract will be administered by the utility owner.&lt;br /&gt;
# If a utility adjustment is being included in a MoDOT administered construction contract, the preliminary engineering of the adjustment can be provided by MoDOT.&lt;br /&gt;
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For reimbursable utility adjustments, the amount paid to engineers, architects, and others for required engineering and allied services can be included in reimbursement amount provided such amounts are not based on a percentage of the costs of the necessary adjustments to allow highway construction. Reimbursement is available for contracts executed after solicitation of a consultant for the specific adjustment or existing continuing contracts when it is demonstrated that such work is performed regularly for the utility owner in its own work and that the costs are reasonable.&lt;br /&gt;
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A [https://epg.modot.org/forms/general_files/DE/UtilityConsultantContractChecklist.docx checklist is available for reviewing consultant-engineering contracts] to ensure the contract conforms to MoDOT policy and complies with applicable federal regulations. District utilities staff should use the checklist to review contracts and may consult with Audits and Investigations Division as necessary. The procedures in 23 CFR part 172, Administration of Engineering and Design Related Service Contracts may be used as a guide for reviewing proposed consultant contracts. [[:LPA:136.4_Consultant_Selection_and_Consultant_Contract_Management|EPG 136.4 Consultant Selection and Consultant Contract Management]] may also be used as a guide.&lt;br /&gt;
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===643.2.6.1 Solicited Consultant Contracts===&lt;br /&gt;
If solicitation of PE services is required for reimbursable utility adjustments, the utility owner must provide the following documents and information to district utilities staff. These documents need to be provided as soon as the utility owner has chosen to solicit a consultant. Document 1 must be supplied by all utility owners. Documents 2 and 3 are only required when the utility owner is a local government agency who is also a political subdivision of the state of Missouri (e.g., city-owned utilities, county-owned utilities). All other utility owners are encouraged, but not required, to provide Documents 2 and 3:&lt;br /&gt;
# A statement that the utility owner is not staffed or able to perform the required PE services with its own forces.&lt;br /&gt;
# Provide the names of at least three (3) consultants considered.&lt;br /&gt;
# The criteria used to evaluate each consultant and reasons why the selected consultant was selected.&lt;br /&gt;
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The following documents need to be provided as soon as the utility owner has successfully negotiated and entered into a contract with the consultant:&lt;br /&gt;
# The name and address of the selected consultant.&lt;br /&gt;
# A statement that the &amp;quot;[https://epg.modot.org/forms/general_files/DE/CertificationOfConsultant.docx Certification of Consultant]&amp;quot; will be furnished immediately upon award of the contract to the consultant.&lt;br /&gt;
# One executed copy of the proposed engineering contract or agreement between the utility owner and consultant, only if the engineering will exceed $5,000.00.&lt;br /&gt;
# The consultant&#039;s fixed (lump sum) or estimated fee (actual cost) and the contract maximum.&lt;br /&gt;
# A cost summary providing a detailed breakdown of the basis for the consultant&#039;s compensation, including estimated labor hours, hourly rates for each classification, overhead rate (if used), the amount of profit charged, and any other estimated charges such as travel expenses, equipment rentals, etc. If an overhead rate is used, the consultant must also submit the supporting overhead rate calculations.&lt;br /&gt;
# An independent cost estimate of engineering services provided by the utility owner to use in comparison to the consultant’s proposed engineering services to check for cost reasonableness.&lt;br /&gt;
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===643.2.6.2 Continuing Consultant Contracts===&lt;br /&gt;
When a utility owner chooses to use an existing continuing contract for PE services, the utility owner must provide the following documents and information to the district utilities staff as soon as possible.&lt;br /&gt;
# A statement that the utility owner is not staffed or able to perform the engineering with its own forces.&lt;br /&gt;
# The name and address of the consultant under the existing continuing contract.&lt;br /&gt;
# A statement that the &amp;quot;[https://epg.modot.org/forms/general_files/DE/CertificationOfConsultant.docx Certification of Consultant]&amp;quot; will be furnished.&lt;br /&gt;
# A copy of the continuing contract to the district utilities staff. The district utilities staff will review the contract for reasonableness of cost.&lt;br /&gt;
# The consultant&#039;s fixed (lump sum) or estimated fee (actual cost) and the contract maximum for the work associated with the utility adjustment.&lt;br /&gt;
# A cost summary providing a detailed breakdown of the basis for the consultant&#039;s compensation, including estimated labor hours, hourly rates for each classification, overhead rate (if used), the amount of profit charged, and any other estimated charges such as travel expenses, telephone, etc. If an overhead rate is used, the consultant must also submit the supporting overhead rate calculations.&lt;br /&gt;
# An independent cost estimate of engineering services provided by the utility owner to use in comparison to the consultant’s proposed engineering services to check for cost reasonableness.&lt;br /&gt;
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===643.2.6.3 Consultant Contract Changes===&lt;br /&gt;
If a PE services contract between a utility owner and a consultant needs to be revised, a copy of the revised contract, fee, and schedule should be submitted by the utility owner to the district utilities staff prior to allowing for contract changes. District utilities staff should review the contract changes to ensure the revised contract conforms to MoDOT policy and complies with applicable federal regulations.&lt;br /&gt;
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==643.2.7 Environmental and Right of Way==&lt;br /&gt;
===643.2.7.1 Utilities and Environmental Clearances===&lt;br /&gt;
District utilities staff should coordinate with the TPM and utility owner’s representative to understand and communicate on known environmental and cultural constraints that could impact a utility owner’s plan of adjustment. This will allow the utility owner to consider permitting timelines and alternatives that avoid environmental or cultural resources to keep the project on schedule.&lt;br /&gt;
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One strategy to make project delivery more efficient and ensure regulatory compliance is for MoDOT to obtain the environmental and cultural resource permits and clearances for the utility owners associated with a roadway improvement while obtaining its own. This would generally only be for the permits and regulatory clearances MoDOT already needs to pursue as a part of the transportation improvement.&lt;br /&gt;
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District utilities staff should coordinate with the utility owner’s representative early in the project timeline to determine if it is in the best interest of both MoDOT and the utility owner to obtain permits and environmental clearances jointly. The following strategies can be utilized to determine if a joint approach to environmental work should be pursued:&lt;br /&gt;
* If utility facilities are moving to a location within or immediately adjacent to MoDOT right of way, a utility owner may be invited to participate in permitting and environmental compliance activities.&lt;br /&gt;
* If utilities move to a location not within or adjacent to MoDOT right of way, the utility company would not normally be invited to participate in permit applications and environmental compliance activities. However, some unique projects may necessitate further attention and should be discussed with the Design Liaison Engineer.&lt;br /&gt;
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If MoDOT and the utility owner agree to obtain joint permits and clearances, written communication between the utility owner’s representative and the district utilities staff should document the following items:&lt;br /&gt;
* List of the permits and clearances that MoDOT will acquire on behalf of the utility owner.&lt;br /&gt;
* List of the information needed from the utility owner in order for MoDOT to acquire the permits and clearances.&lt;br /&gt;
* Schedule and deadlines for submittal of the information by the utility owner. For example: utility plans, fill quantities, construction methods, dates, or seasons of construction.&lt;br /&gt;
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Permits and clearances that may be needed by both a utility owner and MoDOT include:&lt;br /&gt;
* [[127.7_Threatened_and_Endangered_Species|Endangered Species Act consultation and clearance]]&lt;br /&gt;
* [[127.2_Historic_Preservation_and_Cultural_Resources#127.2.1.1_Historic_Preservation_Regulations_and_Laws|Section 106 of the National Historic Preservation Act clearance]]&lt;br /&gt;
* [[127.10_Section_4(f)_Public_Lands|Section 4(f) clearance]]&lt;br /&gt;
* [[127.10_Section_4(f)_Public_Lands#127.10.1.4_Section_6(f)_Laws_and_Regulations|Section 6(f) of the Land and Water Conservation Fund Act clearance]]&lt;br /&gt;
* [[127.4_Wetlands_and_Streams|Section 401 and Section 404 of the Clean Water Act permits]]&lt;br /&gt;
* [[:Category:806_Pollution,_Erosion_and_Sediment_Control#806.1_Introduction_(see_Sec._806)|Section 402 of the Clean Water Act permit (State Operating Permit for Erosion Control)]]&lt;br /&gt;
* [[127.8_Hazardous_and_Solid_Waste|Recommendations on contaminated soil disposition]]&lt;br /&gt;
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===643.2.7.2 Right of Way Acquisition and Utilities===&lt;br /&gt;
The Commission is obligated to acquire the width of right of way required by the design of the highway improvement. For utility facilities currently located within the Commission’s right of way, this includes the necessary space for the utility facilities impacted by the design of the highway improvement. Either additional right of way width to accommodate a utility corridor or a utility easement can be obtained for the relocation of utility facilities. When drainage easements are acquired along a channel, additional space for utility facilities should be considered to avoid conflicts between the utility facility and the bridge or culvert.&lt;br /&gt;
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District utilities staff should inform the utility owner’s representative of the potential of a conflict between an existing utility facility and a proposed highway construction project early in the project development process to allow sufficient time for the utility owner to prepare a plan of adjustment and notify the district utilities staff of any easement needs. When utility facilities are located on a utility owner’s private easement, the utility owner may obtain its own new easements. If the utility owner is not in a position to negotiate for new easements or if the utility owner’s policies will not permit it to condemn property to obtain the easement, MoDOT can acquire the easement in the same manner roadway right of way is obtained. The district utilities staff should verify the utility owner is aware of the opportunity to have MoDOT acquire the easement, and the utility owner should provide written documentation on whether the utility owner would like to pursue this option with MoDOT.&lt;br /&gt;
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For situations where the utility owner will obtain its own replacement right of way and the cost of the adjustment is MoDOT’s responsibility, the utility right of way cost should be reviewed by the district right of way department to ensure the cost is reasonable and acquisition followed state and federal regulations. In order to expedite utility adjustments necessary to allow highway construction, the district utility staff may authorize the utility owner to obtain easements prior to all details of a plan of adjustment being developed. In this situation, the district utilities staff should ensure enough details are known to justify the needed right of way, and an agreement for right of way costs only should be executed with the utility owner.&lt;br /&gt;
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For situations where MoDOT will obtain the right of way necessary to allow highway construction, district utility staff should negotiate with the utility owner’s representative to ensure all necessary utility easements are shown on the approved right of way plans. The TPM should confirm with district utilities staff that the right of way plans accurately reflect the needs of the utility owners prior to requesting right of way plan approval. The district Right of Way Manager should confirm with district utilities staff before requesting an acquisition date (A-date). Every effort should be made to avoid adding utility easement requests once negotiations with property owners have begun.&lt;br /&gt;
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Occasionally, when negotiations cannot be completed for easements for the adjustment of utility facilities, it may be necessary to condemn for the property. District utilities staff should coordinate with the utility owner’s representative to ensure no alternate design for the adjustment of the utility facility is practical. The decision to condemn for easements for the adjustment of the utility facilities requires the exercise of good judgment in reaching the conclusion that further good faith negotiations are futile and condemnation is necessary to maintain the project in the scheduled letting. The TPM should coordinate with the district utilities staff and district Right of Way (RW) personnel on the condemnation proceedings.&lt;br /&gt;
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Easement and other right of way documents used with utility owners are handled in accordance with procedures established jointly with RW and district utilities staff. District survey staff prepare the land descriptions for use in utility easements. The district utilities staff is responsible for completion of the easements in the correct form and scope. A sketch delineating the area described is attached to the easement as Exhibit “A”. Communication with the Design Division will ensure use of proper forms, corporate names and locations, and particular wording required for joint ownerships. The description for a utility easement is to be referenced to the nearest land corner shown on the plans. Examples of easements can be found in the template list in [https://netprod3.dot.missouri/eAgreements/Search/QuickSearch eAgreements].&lt;br /&gt;
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In situations where MoDOT is acquiring right of way with existing utility easements, but the district utilities staff and the utility owner’s representative agree that the utility facility may remain in place, the utility owner will release the property to the Commission separate from the right of way acquisition. This is done by executing an Easement for Highway Construction (UT16). The utility owner grants and conveys, with warranty of title expressed or implied, to the Commission, the right to construct, reconstruct, and maintain a highway over and across that portion of the easement owned and held by the utility owner. In the future, the utility owner retains any reimbursable rights should future projects require adjustments to allow highway construction.&lt;br /&gt;
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==643.2.8 Cost Responsibility==&lt;br /&gt;
In addition to determining if a conflict exists between an existing utility facility and a highway improvement project, it is important to determine who is responsible for the costs of the necessary adjustments to allow highway construction. An adjustment for which the Commission is responsible for the costs is known as a reimbursable adjustment. An adjustment for which the Commission is not responsible for the costs is known as a non-reimbursable adjustment. An adjustment for which the Commission and the utility share responsibility for costs is known as a partially reimbursable adjustment. Adjustments determined to be reimbursable or partially reimbursable by the Commission are to be completed under the terms of an agreement executed between the utility owner and the Commission.&lt;br /&gt;
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===643.2.8.1 Commission Responsibility===&lt;br /&gt;
====643.2.8.1.1 Utility Facilities Located on Private Easements====&lt;br /&gt;
When the utility facility is located on a private easement within the new right of way to be acquired for a future project, the Commission is responsible for the cost of the necessary adjustments to allow highway construction. It may be possible that such easement does not have written easement rights. The Commission will honor this oral right provided acceptable documentation is provided by the utility owner to the district utilities staff. An [https://epg.modot.org/forms/general_files/DE/NonwrittenEasementRights_Example.docx example of acceptable documentation for not written easement rights] is available. Other forms of documentation will be considered on an individual basis.&lt;br /&gt;
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=====643.2.8.1.1.1 Future Moves=====&lt;br /&gt;
When the utility facility is located on a private easement, taken into the Commission’s right of way, the Commission may agree that any future moves of the same utility by Commission order may be made at the Commission’s cost. Documentation of this agreement is by an Easement for Highway Construction (UT16) agreement. If the Commission provides a substitute private easement, then the Commission will have future obligations consistent with the utility facility’s status in an easement.&lt;br /&gt;
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====643.2.8.1.2 Utility Facilities Located within Commission Right of Way====&lt;br /&gt;
When the utility facility is located within Commission right of way, but has prior land rights, the Commission is responsible for the cost of adjustments to allow highway construction. The utility owner is responsible for documenting to the satisfaction of the district utilities staff, the basis for the claim of prior land rights within Commission right of way. Time spent researching prior rights is considered coordination and is reimbursable.&lt;br /&gt;
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====643.2.8.1.3 City or County Utility Facilities on City or County Streets====&lt;br /&gt;
When roadway improvements are within the corporate limits of cities, towns, and villages, a municipal agreement is negotiated between the Commission and the municipality. Likewise, when roadway improvements are within the limits of a county and outside the municipal limits, a county agreement is negotiated between the Commission and the County Commission. Included in these agreements are provisions regarding reimbursement for adjusting city or county owned utility facilities. Reimbursement is provided for adjustment of city or county owned utility facilities that are now located on city or county streets and not on Commission right of way.&lt;br /&gt;
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====643.2.8.1.4 Lumen====&lt;br /&gt;
Lumen – National (formerly CenturyLink, Lightcore, or Digital Telephone, Inc. (DTI)) and the Commission have entered into a partnership agreement, “Amended and Restated Fiber Optic Cable on Freeways in Missouri,” executed June 5, 2003 which obligates the Commission to be responsible for the cost of the necessary adjustments to allow highway construction along the routes identified in the agreement. A copy of the agreement is available to district utilities staff.&lt;br /&gt;
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====643.2.8.1.5 Services to the Commission====&lt;br /&gt;
When a utility facility provides a service connection to local Commission facilities such as power to traffic signals, lighting, ITS, and cathodic protection and phone drops to traffic signal controllers or other Commission facilities, the Commission is responsible for the cost of the necessary adjustments to allow highway construction.&lt;br /&gt;
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====643.2.8.1.6 Private Service Lines====&lt;br /&gt;
While most utility owners reconnect the private service lines at no cost to the property owner, some do not. If a utility owner does not reconnect service lines, MoDOT can include adjustment of private service lines in roadway contracts. Bid items for relocating service connections are provided for the different types of anticipated adjustments.&lt;br /&gt;
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====643.2.8.1.7 Second Moves====&lt;br /&gt;
If the Commission requires additional work to a utility facility after the facility has been relocated or adjusted in accordance with a plan of adjustment approved by the Commission for a single project number, the Commission is responsible for the cost of the additional work regardless of whether the initial adjustment was Commission responsibility as outlined in other parts of [[643.2_Local_Utility_Adjustments_-_Public_and_Private#643.2.8.1_Federalizing_Funds_for_Preliminary_Engineering|643.2.8.1]].&lt;br /&gt;
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The purpose of the policy is to encourage utilities to relocate early rather than waiting until plans are published for bidding. The policy eliminates the utility having to relocate twice at its own expense because of late changes in the design. It is best to have utilities relocated prior to construction, and this policy helps achieve that goal. Therefore, it is imperative that the designer notifies district utilities staff as soon as possible of any changes made after these plans have been sent. If notified immediately, it may be possible to inform the utility owner prior to their final design thereby eliminating a second move.&lt;br /&gt;
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Under this policy, the following are not considered second moves. Temporary and staged relocations necessary to accommodate construction and agreed upon by the utility and the Commission prior to relocation are considered a single move and are not subject to the provisions of the second move policy. If the Commission requires adjustment of a utility facility for which the utility owner is responsible for the cost of the adjustment and was originally determined to not need adjustment, the utility owner is responsible for the cost of the adjustment. The utility owner is responsible for the cost of additional work to any portion of the utility facility after the utility facility has been adjusted in accordance with a plan of adjustment approved by the Commission if the additional work is required by the Commission due to error by the utility owner in preparation of plan of adjustment, field location of, or construction of the adjustment of the utility facility.&lt;br /&gt;
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When evaluating construction contract changes by change order or value engineering, the impacts of the second move policy should be considered.&lt;br /&gt;
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===643.2.8.2 Utility Owner Responsibility===&lt;br /&gt;
====643.2.8.2.1 Utility Facilities Owned and Operated by a Political Subdivision====&lt;br /&gt;
When a utility facility is located within Commission right of way, but does not have prior land rights, the utility owner is responsible for the cost of the necessary adjustments to allow highway construction. When a utility facility is located on public right of way other than Commission right of way, the utility owner is responsible for the cost of the necessary adjustments to allow highway construction.&lt;br /&gt;
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When a political subdivision must bear part or all the cost of adjustments to their utility facilities, and the cost creates a financial hardship, the Commission, by its authorized representative, the Chief Engineer, may temporarily assume these costs. A payback agreement with the political subdivision will include an applicable interest rate for a comparable maturity from a widely published index of tax-exempt municipal rates obtained from Financial Services. Payback time will not exceed five (5) years.&lt;br /&gt;
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====643.2.8.2.2 Utility Facilities Other Than Those Owned by a Political Subdivision====&lt;br /&gt;
When a utility facility is on the right of way of a public road or street or on state highway right of way without prior land rights and adjustment is necessary to allow for the construction of a roadway improvement, the utility owner is responsible for the cost of the necessary adjustments to allow highway construction.&lt;br /&gt;
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===643.2.8.3 Shared Responsibility===&lt;br /&gt;
When a utility facility is located such that portions of it are a Commission responsibility and portions of it are a utility owner responsibility by the definitions above, the costs of the necessary adjustments to allow highway construction will be split by the Commission and the utility owner. If the exact cost for each party can be determined, each party will be responsible for their portion of the cost of relocating the utility facility. If the exact cost for each party cannot be determined, the parties will arrive at a percentage reimbursement on an equitable basis.&lt;br /&gt;
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===643.2.8.4 Notice of Hearing===&lt;br /&gt;
When relocation or other difficulties with utility facilities on public right of way arise that prevent resolution by negotiation, formal hearings will be required.&lt;br /&gt;
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The district initiates a request for a utility relocation hearing with a letter to the Chief Counsel’s Office (CCO) (a copy is provided to the Design Division) requesting a hearing date. CCO will arrange for a hearing room, court reporter, etc. and advise the district of the hearing date.&lt;br /&gt;
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The district will prepare the notice of hearing by strictly following the given format and serve the notice on all persons and utility owners listed. The property and utility owner must be served only by personal service or by mailing a certified letter, return receipt requested, no later than 15 days before the date of hearing. This will require the district to make every effort to identify the correct property owner before preparing the notice of hearing. To avoid delays, every attempt will be made to issue the hearing notice at least 30 days prior to the hearing date in case any property has changed ownership and any additional property owners must be served. A notice of hearing on service line connections will also be served on the private or public owner of the main or distribution line to which the service lines are connected. A notarized &amp;quot;Report of Personal Service&amp;quot; will be completed when notification by certified mail is not used.&lt;br /&gt;
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One copy of the hearing notice and attachments, &amp;quot;Report of Personal Service&amp;quot; and certified mail notices are to be submitted to CCO after notification is complete.&lt;br /&gt;
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Prior to the hearing, the district&#039;s representative will become familiar with the details of the utility adjustment in order to provide concise testimony to expedite the hearing process. CCO will assign an attorney to work with the district and present the case.&lt;br /&gt;
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Refer to 7 CSR 10-3.030 020 Utility Relocation Hearings for additional information.&lt;br /&gt;
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A Waiver of Hearing should be obtained for non-reimbursable adjustments to document the commitment of the utility owner to adjust its utility facilities without adversely impacting the highway construction project. This may be accomplished informally via written communications between the district utilities staff and the utility owner’s representative. A [https://epg.modot.org/forms/general_files/DE/WaiverOfHearingForm.docx formal Waiver of Hearing statement] may be requested by either MoDOT or the utility owner. A [https://epg.modot.org/forms/general_files/DE/WaiverOfHearingLetter.docx sample transmittal letter for the Waiver of Hearing] is available. For reimbursable or partially reimbursable adjustments, the formal agreement serves as the basis of documentation of this commitment.&lt;br /&gt;
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==643.2.9 Estimates==&lt;br /&gt;
District utilities staff will negotiate with utility owners to determine reimbursable costs of the necessary adjustments to allow highway construction ([[#643.2.8_Cost_Responsibility|EPG 643.2.8 Cost Responsibility]]). These estimates are prepared in accordance with the provisions of 23 CFR 645 and any amendment thereto. These estimates must reflect the same procedures and costs used by the utility owners in their normal operations and must also accurately represent the expected costs of the work. The utility owner’s estimate will be reviewed by the district utilities staff to ensure compliance with 23 CFR 645.&lt;br /&gt;
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===643.2.9.1 Independent Cost Estimate===&lt;br /&gt;
The independent cost estimate provides the basis for district utilities staff to review the utility owner’s estimate of costs of the necessary utility adjustments to allow highway construction and any subsequent negotiations with the utility owner. The district utilities staff should prepare an independent cost estimate. The independent cost estimate may be based on unit prices of anticipated items of work in a utility adjustment necessary to allow highway construction. The independent cost estimate alternately may be based on recent similar types of utility adjustments necessary to allow highway construction and scaled for size. Consultants can be used to develop the independent cost estimate. All documentation of the independent cost estimate should be placed in MoProjects.&lt;br /&gt;
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===643.2.9.2 Type of Project Cost Estimates===&lt;br /&gt;
Either Actual Cost or Lump Sum estimates may be used for estimating the costs on the necessary utility adjustments to allow highway construction. If an Actual Cost estimate is used, detailed records of materials, labor, and equipment are made by district utilities and/or construction staff during construction, and a final audit of the utility owner’s cost records is made to determine the Commission’s actual responsibility for costs of the adjustment completed to allow highway construction. If a Lump Sum estimate is used, a final audit of costs for an adjustment in payment is not required. The Actual Cost method requires more detailed record keeping and documentation by the utility owner and district staff during construction. The Lump Sum method requires more upfront detail and work by the utility owner and judgment on the district utilities staff on the acceptability of the cost. The district utilities staff will work with the utility owner’s representative to determine the best type of estimate and therefore agreement to use.&lt;br /&gt;
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====643.2.9.2.1 Actual Cost Estimate====&lt;br /&gt;
The cost estimate that supports the actual cost agreement is prepared in sufficient detail to determine the reasonable expected cost of the work to support development of an agreement between the utility owner and the Commission. However, reimbursement is based on the actual costs of design and construction of the necessary adjustment to allow highway construction. The actual cost estimate should detail all costs of the necessary adjustment to allow highway construction, even if the Commission is only responsible for a portion of the costs as detailed in EPG [[#643.2.8.3_Shared_Responsibility|643.2.8.3 Shared Responsibility]].&lt;br /&gt;
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Actual cost estimates can be used for any dollar amount of reimbursement.&lt;br /&gt;
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====643.2.9.2.2 Lump Sum Estimates====&lt;br /&gt;
The cost estimate that supports the lump sum agreement must be accurate, comprehensive, verifiable, and in sufficient detail to present a clear picture of the work involved and the cost of the individual items. The estimate may cover only that portion of the adjustment for which the Commission is responsible for the costs of the necessary utility adjustments to allow highway construction.&lt;br /&gt;
Lump sum estimates are limited to a maximum of $200,000 of Commission responsibility of costs of the necessary utility adjustments to allow highway construction; however, exceptions may be made for special situations that have prior approval from Design Division. These exceptions usually cover major relocations for which the Commission&#039;s proportionate responsibility is extremely small.&lt;br /&gt;
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===643.2.9.3 Utility Cost Estimate Requirements===&lt;br /&gt;
Whether using an Actual Cost or Lump Sum estimate, the following should be included in the estimate, if applicable. If any of the following sections are not included in the estimate, a qualifying statement as to why the costs were not included should be provided.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.1 Scope of Work====&lt;br /&gt;
All estimates require a concise summary of the work to be performed on the estimate. An example is &amp;quot;an estimate of cost covering the work of relocating Company&#039;s 12-inch Cushing-Woodriver pipeline to accommodate construction of Route 47 in Franklin County on Job No. J6P0172&amp;quot;.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.2 Engineering Costs====&lt;br /&gt;
Costs of engineering, whether preliminary or construction, must be shown as separate items and are not to be included with &amp;quot;labor costs&amp;quot;. Concurrent cost accounting procedures of FHWA and MoDOT make this a necessity. See [[#643.2.6_Preliminary_Engineering_Requirements|EPG 643.2.6 Preliminary Engineering]] and [[#643.2.16.2_Construction_Contract_Requirements|EPG 643.2.16.2 Construction Contract Requirements]] for further information.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.3 Right of Way Costs====&lt;br /&gt;
A detailed estimate of the cost to acquire replacement easements by the utility owner is required. The cost should be supported by a right of way plan.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.4 Material Costs====&lt;br /&gt;
Quantities, description of the item, the unit cost, and the extended totals are shown. Percentage computations will be shown immediately following &amp;quot;total cost&amp;quot; so the utility owner’s and Commission&#039;s cost obligations are properly indicated. Unit assembly costs similar to those used by several of the rural electric association (R.E.A.) cooperatives are acceptable, provided the same units and charges are used in the utility owner’s regular operations. A handling charge conforming with the utility owner’s regular procedures may also be included.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.5 Labor Costs====&lt;br /&gt;
Hours, individual or crew rates, and extended totals are shown. Payroll additives such as insurance, retirement, social security, vacation, and other benefits are shown as a separate item under this heading in accordance with utility owner’s regular procedures. Adequate explanation must be given for total percentage used, especially in those cases where materials and labor are combined as unit costs or where labor percentages include additives and equipment requirements.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.6 Equipment Costs====&lt;br /&gt;
A description of the equipment to be used must be shown jointly with the number of hours to be charged. Rates charged for equipment usage must be justified by the utility owner’s established accounting procedures. When the utility owner does not have an established accounting procedure or a capitalization and depreciation schedule that is used in its own operations, the rates are to be established by using rental rate publications as a guide. A reasonable amount will be deducted, when using rental rate schedules, for profit that the rental company realizes. A full explanation of the methods used in establishing the rates must also be submitted to support the utility owner’s request and with approval of the district utilities staff.&lt;br /&gt;
&lt;br /&gt;
Equipment may be rented when the utility owner’s equipment is not available or is inadequate, with the rental rate justified by appropriate solicitation of bids. See [[#643.2.16.2_Construction_Contract_Requirements|EPG 643.16.2 Construction Contract Requirements]] for further information.&lt;br /&gt;
&lt;br /&gt;
Unusual accounting procedures may be accepted with adequate prior explanations and approval of the Design Division.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.7 Removal Costs====&lt;br /&gt;
These costs are estimated and shown in a similar method but separately from installation costs. When removal costs exceed salvage credits by more than the estimated cost of removal by the roadway contractor, an effort should be made to persuade the utility owner to abandon the utility facilities in place. An exception is made when the utility owner is required to remove abandoned utility facilities because of liability, hazard, or by specific agreement with the Commission. Abandoned utility facilities can be included with the miscellaneous removals in the roadway contract. It may be possible for the utility owner to remove those portions of the utility facility for which credits will exceed removal costs, with the remainder of the utility facility to be abandoned for removal in the roadway contract. Materials removed must be itemized, with the utility owner’s customary salvage credit given. Items to be scrapped or junked should be indicated. Whenever a utility facility or portion thereof is shown to be abandoned on the plan of adjustment, the roadway plans should be notated accordingly. This eliminates ownership problems if these utility facilities are removed or salvaged by the roadway contractor.&lt;br /&gt;
&lt;br /&gt;
When the utility facility is no longer needed and removal is necessary to accommodate the roadway project, the removal of the item may be handled either as a right-of way-item or a utility adjustment. When handled as a right of way item, the damages allowed are to equal the depreciated value of the utility facility, with the necessary removals being accomplished by the roadway contractor. If accomplished as a utility adjustment, the Commission, by utility agreement, will reimburse the utility owner for removal costs and receive salvage credit for the material removed, up to but not exceeding removal costs.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.8 Salvage of Removed Materials====&lt;br /&gt;
This statement, to explain the salvage credit or lack of credit, will reflect routine utility owner policy as well as the particular situation. The utility owner will place a value on any recovered material for salvage. District utilities staff should check this value for reasonableness. Examples of salvage statements include:&lt;br /&gt;
* Existing utility facilities to be abandoned in place, since the cost of salvaging, based on our past experience, will exceed their value.&lt;br /&gt;
* Only those items will be salvaged for which salvage credit will exceed the cost of removal and salvage.&lt;br /&gt;
* Company liability requires removal of the retired utility facilities, even though the cost of removal will exceed allowable credit for salvage.&lt;br /&gt;
* Salvage credits are in accordance with established company accounting procedures.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.9 Accrued Depreciation Credits====&lt;br /&gt;
Credit is required for the accrued depreciation of a utility facility that is being replaced. Examples are a building, structure, pumping station, filtration plant, power plant, substation, or other similar operational unit. Credit for accrued depreciation will not be required for a segment of the utility&#039;s service, distribution, or transmission lines. It is also not required when the building or structure is being moved as necessitated by the highway project. Acceptable accrued depreciation credit will be determined by using the following formula:&lt;br /&gt;
&amp;lt;math&amp;gt;\frac{\text{Actual Length of Service of Replaced Facility (Years)}}{\text{Total Estimated Service Life of Replaced Facility (Years)}} x&amp;lt;/math&amp;gt;&amp;lt;span style=&amp;quot;font-family: &#039;Times New Roman&#039;, Times, serif; font-size: 130%;&amp;quot;&amp;gt; Original Cost ($) = Credit ($)&amp;lt;/span&amp;gt;&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.10 Betterment Credits====&lt;br /&gt;
Betterment means the upgrading of the utility facility being relocated, made solely for the benefit of and at the election of the utility owner and is not attributable to the roadway improvement. Credit to the Commission is required for the additional costs incurred for the betterments introduced in the adjusted utility facility. No betterment credit is required for additions or improvements which are:&lt;br /&gt;
* Required by the highway project&lt;br /&gt;
* Replacement devices or materials that are of equivalent standards although not identical&lt;br /&gt;
* Replacement of devices or materials no longer regularly manufactured with next highest grade or size&lt;br /&gt;
* Required by law under governmental and appropriate regulatory commission code&lt;br /&gt;
* Required by current design practices regularly followed by the utility owner in its own work, and there is a direct benefit to the highway project&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.11 Overhead Costs====&lt;br /&gt;
Overhead costs are usually a percentage of the total labor cost. This item must be in accordance with the utility owner’s established accounting procedures, which in some cases may include handling costs or be a percentage of the total cost of the work involved. Additional attention to overhead costs is required when the rate is different from previously accepted rates. Occasionally, it can be difficult to obtain the necessary information at the time of the estimate to approve the overhead rates. In this situation, the estimate can be approved with exception of the overhead rates for payment. The utility owner is informed of this matter with the understanding that the overhead rates could be approved and paid with submission of appropriate supporting data and Financial Services audit review.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.12 Prorating Costs====&lt;br /&gt;
The need for prorating utility adjustment costs occurs when both the Commission and the utility owner are responsible for a portion of the utility adjustment necessary to allow for highway construction, and the actual costs for reimbursement in each category cannot be explicitly determined. Generally, the following conditions require division of costs:&lt;br /&gt;
* The adjustment is considered partially reimbursable per [[#643.2.8.3_Shared_Responsibility|EPG 643.2.8.3 Shared Responsibility]]&lt;br /&gt;
* Betterments are included in the necessary adjustment of the utility facility&lt;br /&gt;
&lt;br /&gt;
The district utilities staff should negotiate with the utility owner’s representative to determine an equitable basis for the prorating of costs based on the characteristics of the utility adjustment necessary to allow for highway construction.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.13 Costs Records====&lt;br /&gt;
The estimate should include a statement as to where the utility owner’s cost records may be reviewed. An example: &amp;quot;Company cost records will be available in our office at 2134 Industrial Avenue, Tulsa, Oklahoma&amp;quot;.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.14 Other====&lt;br /&gt;
Additional statements will explain or further clarify the work that is included. Such other items may include bypasses, special equipment, need for larger utility facilities, etc.&lt;br /&gt;
&lt;br /&gt;
==643.2.10 Schedule==&lt;br /&gt;
Timely adjustments of utility facilities are essential for efficient completion of highway construction projects. Ideally, all utility adjustments are completed prior to a project’s Plans, Specifications, and Estimate (PS&amp;amp;E) submittal to Central Office. Depending on the specifics of the highway construction and utility adjustment necessary, early completion of the utility adjustment may not be practical. The district utilities staff should negotiate with the utility owner to determine the schedule parameters necessary for the utility adjustment. At a minimum, the utility owner should document the dates it anticipates starting and completing the work. If a utility adjustment depends upon the completion of a portion of the highway construction, the necessary milestone for starting the utility adjustment should be documented along with an anticipated number of working days to complete the utility adjustment. The schedule is included as Exhibit “C” to the agreement.&lt;br /&gt;
&lt;br /&gt;
==643.2.11 Pre-Audits==&lt;br /&gt;
The district utility staff performs a pre-audit review and approval prior to preparation of the agreement. A [https://epg.modot.org/forms/general_files/DE/PreAuditChecklist.docx pre-audit checklist] should be completed and saved in MoProjects.&lt;br /&gt;
&lt;br /&gt;
==643.2.12 Utility Agreements==&lt;br /&gt;
Whenever the Commission is responsible for the cost of the necessary adjustments to allow highway construction, an agreement is required. If a Master Reimbursable Utility Agreement (see [[#643.2.12.2_Master_Reimbursable_Utility_Agreements|EPG 643.2.12.2]]) has not been executed with the utility owner, a Project Specific Agreement (see [[#643.2.12.3_Project_Specific_Agreements|EPG 643.2.12.3]]) is executed between the utility owner and the Commission. In some cases, it may be more practical for the Commission to include adjustment of utilities into a Commission administered contract. A Utility Agreement - Actual Cost (For Utility Work That is to be Included in the Missouri Highways and Transportation Commission&#039;s Road Project) (see [[#643.2.12.4_Agreement_for_Utility_Work_Included_in_Roadway_Improvement_Project|EPG 643.2.12.4]]). Agreements include a plan of adjustment (Exhibit “A”), cost estimate (Exhibit “B”), and schedule (Exhibit “C”).&lt;br /&gt;
&lt;br /&gt;
The Utility Agreement boilerplate forms have been approved by the Chief Counsel’s Office (CCO). They are identified in the upper left-hand corner of each agreement by an identifier such as CCO Form: UT01 for the Master Reimbursable Utility Agreement. CCO updates these agreements as necessary. They serve as a guide in the preparation of the agreement to be executed with the utility owner for the adjustments required to their utility facilities to accommodate the proposed roadway improvement project. District utilities staff should use the latest version of the agreement found in [https://netprod3.dot.missouri/eAgreements/Search/QuickSearch eAgreements] in drafting an agreement with utility owners. A list of utility agreements and detailed information concerning the sequence for preparing and executing an agreement is available in EPG [[:Category:153_Agreements_and_Contracts|153 Agreements and Contracts]].&lt;br /&gt;
&lt;br /&gt;
These forms are to be used word for word. Revisions or additions are only made to address specific project details. The intent of each paragraph must be retained, although specific words may be revised to fit the particular situation. No paragraphs are deleted without prior approval from CCO. For guidance on acceptance of liability, refer to the [[:Category:153_Agreements_and_Contracts#153.1.1.2_Acceptance_of_Liability_Policy_(MoDOT_Access_Only)|Acceptance of Liability Policy]] at the CCO SharePoint page. Drafts of agreements having major revisions or complications are to be submitted, with supporting data, to Design Division for comment and approval.&lt;br /&gt;
&lt;br /&gt;
A reference to 23 CFR 645 is included in all agreements. Utility owners must be acquainted with these requirements and procedures. The incorporation of 23 CFR 645 by reference in all agreements eliminates the need for a second set of regulations to be included in the document.&lt;br /&gt;
&lt;br /&gt;
The agreement for the adjustment of a utility is prepared by the district utilities staff and submitted to the utility owner for execution. The agreement is based on the plan, estimate of cost which was prepared in accordance with 23 CFR 645, and schedule. Authorized individuals representing the utility owner will execute the agreement. The agreement must be signed, sealed, and if necessary, notarized by the utility owner. If the utility owner does not have or use a corporate seal, write &amp;quot;NO SEAL&amp;quot; under the signatures of the owner’s officers. Agreements with political subdivisions are to be supported by an appropriate ordinance, a copy of which is to be submitted with the executed agreements. All copies will be forwarded to the CCO for further handling. A fully executed copy of the agreement will be retained in eAgreements. If the agreement was executed using electronic signatures, the district utilities staff should forward an electronic copy of the fully executed agreement to the utility owner. If the agreement was executed using wet signatures, one (1) paper copy of the fully executed agreement will be returned by the Commission Secretary’s Office to the district utilities staff. The district utilities staff will forward this copy to the utility owner.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.1 Buy America Build America Requirements===&lt;br /&gt;
All agreements contain information on Buy America Build America (BABA) compliance. The utility owner should select the method of certification (See [[#643.2.19_Buy_America_Build_America_for_Utilities|EPG 643.2.19]]) at the time of agreement completion. The appropriate paragraph will be inserted into the agreement. All BABA compliance documents must be retained by the utility owner and made available upon request at no cost to the Commission and/or FHWA.&lt;br /&gt;
&lt;br /&gt;
====643.2.12.1.1 Utility Owner Self-Certification====&lt;br /&gt;
The City/Company certifies that when determining products/materials subject to Buy America Build America requirements to use in the performance of this Agreement, it shall use only such products/materials for which it has received a certification from its supplier, or provider of construction services that procures the product/material, certifying compliance with Buy America Build America requirements. This does not include products/materials for which waivers have been granted pursuant to 23 CFR 635.410. The City/Company will not be required to provide the Commission copies of the supplier certification as part of this Agreement or with the final invoice of said Commission’s Federal-Aid Highway Construction Project.&lt;br /&gt;
&lt;br /&gt;
====643.2.12.1.2 Vendor/Manufacturer Certification====&lt;br /&gt;
The City/Company certifies that when determining products/materials subject to Buy America Build America requirements to use in the performance of this Agreement, it shall use only such products/materials for which it has received a certification from its supplier, or provider of construction services that procures the product/material, certifying compliance with Buy America Build America requirements. This does not include products/materials for which waivers have been granted pursuant to 23 CFR 635.410. The City/Company shall provide to the Commission all Buy America compliance documents as outlined in the Commission’s Engineering Policy Guide 643. All required compliance documents shall accompany the final invoice submitted to the Commission.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.2 Master Reimbursable Utility Agreements===&lt;br /&gt;
The UT01: Master Reimbursable Utility Agreement (MRUA) is a statewide agreement that has been executed by the utility owner and the Commission for all future reimbursable utility adjustments between both parties. Once a MRUA is executed, no other utility agreements are required on design-bid-build projects. The district utilities staff should encourage utility owners to enter into a MRUA with the Commission to reduce potential future delays in executing a project specific agreement. A list of previously executed [https://modotgov.sharepoint.com/sites/DE/Utilities/Agreements/MRUA%20-%20Existing?csf=1&amp;amp;web=1&amp;amp;e=4LJHoa Master Reimbursable Utility Agreements (Modot Access Only)] is available. District utilities staff should add newly executed agreements to this list. The MRUA can be employed as either an actual cost ([[#643.2.12.3.1_Actual_Cost_Agreements|EPG 643.2.12.3.1]]) or lump sum ([[#643.2.12.3.2_Lump_Sum_Agreements|EPG 643.2.12.3.2]]) agreement. When the reimbursable adjustment will utilize a MRUA, the district utilities staff will prepare a MRUA correspondence letter (“letter agreement”) referencing the executed MRUA. A copy of the MRUA correspondence letter should be saved in MoProjects for reference by Financial Services, the district construction office, and the district staff responsible for inspection of utility adjustments. All project specific items such as type of agreement (actual cost or lump sum), plan of adjustment, estimated total cost, cost allocation, and schedule are addressed in the MRUA correspondence letter from the district utilities staff to the utility owner. A flowchart of the MRUA process is available.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.3 Project Specific Agreements===&lt;br /&gt;
If a utility owner does not have a MRUA with the Commission, a project specific agreement will be required for every project for which the Commission is responsible for the necessary adjustments to allow highway construction. The project specific agreement will be either an actual cost ([[#643.2.12.3.1_Actual_Cost_Agreements|EPG 643.2.12.3.1]]) or lump sum ([[#643.2.12.3.2_Lump_Sum_Agreements|EPG 643.2.12.3.2]]) agreement.&lt;br /&gt;
&lt;br /&gt;
====643.2.12.3.1 Actual Cost Agreements====&lt;br /&gt;
The UT03: Utility Agreement – Actual Cost is used when detailed estimates are not practical or costs appear to be questionable. Details on actual cost estimates can be found at [[#643.2.12.3.1_Actual_Cost_Agreements|EPG 643.2.9.2.1 Actual Cost Estimates]]. Once the final invoice on a UT03 is submitted to Financial Services, district utilities staff should change the status on the agreement in eAgreements to completed.&lt;br /&gt;
&lt;br /&gt;
====643.2.12.3.2 Lump Sum Agreements====&lt;br /&gt;
The UT02: Utility Agreement – Lump Sum eliminates the need for keeping detailed records of cost and the auditing of cost records. Estimates of cost must be prepared in detail for use of this agreement. When detailed estimates are not practical or costs appear unreasonable, actual cost agreements are to be used. Use of special forms of agreements, such as &amp;quot;subordination agreements&amp;quot;, which are desired by certain utility owners, is acceptable. These, too, must be revised to cover the particular situation. Details on lump sum estimates can be found at [[#643.2.9.2.2_Lump_Sum_Estimates|EPG 643.2.9.2.2 Lump Sum Estimates]]. Once the final invoice on a UT02 is submitted to Financial Services, district utilities staff should change the status on the agreement in eAgreements to “completed”.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.4 Agreement for Utility Work Included in Roadway Improvement Project===&lt;br /&gt;
The UT04: Utility Agreement - Actual Cost (For Utility Work That is to be Included in the Missouri Highways and Transportation Commission&#039;s Road Project) allows for the adjustment to be based on actual cost with the roadway contractor performing the utility work. Caution should be exercised in the type of utilities to be relocated in roadway contracts. Utilities recommended are waterlines and sewer lines. Other utilities, such as gas lines, communication lines, and power lines are to be studied thoroughly before being included in the project.&lt;br /&gt;
&lt;br /&gt;
The Transportation Project Manager and district utilities staff must plan ahead to get this work in the roadway contract. The utility owner must agree to include the utility adjustment in the roadway contract. The adjustment may be on highway right of way or on private easement in the name of the utility owner. The utility owner can agree to allow MoDOT’s contractor to work in its easement. However, district utilities staff in consultation with district right of way staff should review the easement documentation to verify the utility owner’s rights to the easement and any limitations on its use. MoDOT’s contractor can work and operate on both Commission right of way and on the utility easement, even when not directly connected to the Commission right of way, as part of the job site. Temporary construction easements may be necessary in addition to the utility easement to ensure adequate working room for the contractor.&lt;br /&gt;
&lt;br /&gt;
:The utility owner may request exemption to any liability for negligence of our contractor working on their easement. The Commission can assume that liability (refer to [[:Category:153_Agreements_and_Contracts#153.1.1.2_Acceptance_of_Liability_Policy_(MoDOT_Access_Only)|Acceptance of Liability Policy]]), but it should be included in the utility agreement if so desired by the utility owner. A Job Special Provision is necessary to require the MoDOT contractor to hold the utility harmless from all claims due to contractor negligence.&lt;br /&gt;
&lt;br /&gt;
Subsurface information, i.e. boring data, etc., should be obtained by the utility owner since it may be needed for the design of the utility adjustment. This information should be included in the plans. If the utility owner must bear all or part of the cost of the adjustment, the utility owner must agree to pay a pre-deposit to the Commission prior to opening bids on the project. This should be in the utility agreement. The pre-deposit will be credited to the &amp;quot;Missouri Highway and Transportation Commission - Local Fund.&amp;quot; Any interest earned in the fund will apply to the cost of the adjustments. The utility agreement will include language that the utility will inspect the installation and assume maintenance of the utility facility after construction. MoDOT will also provide engineering supervision to be sure the road contractor is in compliance with the contract. Utility plans and specifications are to be approved by the owner prior to submittal to the Central Office. The following items will provide minimum information to allow MoDOT’s contractor to bid the work.&lt;br /&gt;
# Individual bid items (not &amp;quot;lump sum&amp;quot;) should be established to promote better bidding and to handle overruns and underruns. Bid items not included on the Computer Stored Bid Item list should be &amp;quot;99&amp;quot; numbers.&lt;br /&gt;
# he bid package must be in our letting format. If the package was prepared by a consultant as if the utility owner were going to let it, all bid bond or bidding procedures must be screened to remove requirements contrary to MoDOT letting requirements. District utilities staff should work with the Transportation Project Manager, Design Liaison Engineer, and Central Office Bidding and Contract Services to ensure this requirement is met.&lt;br /&gt;
# The specifications required by the utility owner should be reviewed for items that could cause a bid problem for our contractor. Items such as non-readily available materials or sizes should be avoided.&lt;br /&gt;
# Utility plan sheets should be .pdf files equivalent to 22 in. x 34 in. It is helpful to have a quantity sheet specifically for utility items.&lt;br /&gt;
# Any special procedures required for the utility installation should be included in the Job Special Provisions.&lt;br /&gt;
# The utility package should be submitted on-time to Central Office with other project plans.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.5 Agreement for a Utility Only Project===&lt;br /&gt;
Any of the above agreements can be modified for a utility only project separate from the roadway project. The utility only project may be done by forces hired by the utility owner or by the Commission. A separate utility only project has distinct advantages when the following occurs:&lt;br /&gt;
* The utility work is extensive&lt;br /&gt;
* It must be performed in accordance with the utility owner’s seasonal requirements&lt;br /&gt;
* It extends beyond the limits of the construction project&lt;br /&gt;
* It must be performed considerably in advance of the roadway contract&lt;br /&gt;
&lt;br /&gt;
Necessary environmental and design work is still required for the limits of the separate utility only project. It may be necessary in these cases to have a second agreement with the utility owner to cover any other work that must be performed concurrently with the roadway contract. These latter agreements will use the roadway construction job number. Early need for utility projects is to be determined at the time when the STIP is updated each year. The utility construction funds will be shown in the year right of way funds are assigned. This will be done whenever possible to secure early adjustment of utility facilities. A request by the district is sent to the Planning Division. Estimated dollar amounts for utility adjustments are needed. These are estimates and do not need to be extremely accurate. When a special utility project is established, it is preferred, if at all possible, to include all the utility adjustments necessary for the entire roadway project. If funds are available, additional agreements can be added to this utility project until the final invoice for the first completed agreement is received for payment.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.6 Supplemental Agreements===&lt;br /&gt;
For utility owners with a UT01 agreement, a supplemental letter agreement documenting the change in the scope or cost of the work is acceptable.&lt;br /&gt;
&lt;br /&gt;
The UT05: First Supplemental Agreement is used to document changes to UT02 and UT03 agreements. If changes to the scope of work occur that are anticipated to exceed $100,000 or 15% of the original agreement, a UT05 is required. If the final invoice on an actual cost adjustment without changes in the scope of work exceeds the limits shown in the table below, a UT05 is required.&lt;br /&gt;
&lt;br /&gt;
{| class=&amp;quot;wikitable&amp;quot; style=&amp;quot;margin-left: 25px; text-align:center&amp;quot;&lt;br /&gt;
! Amount in Original Actual Agreement !! Final Bill Total Exceeds Original Amount by:&lt;br /&gt;
|-&lt;br /&gt;
| 0-$25,000 || 50%&lt;br /&gt;
|-&lt;br /&gt;
| $25,000-$100,000 || 40%&lt;br /&gt;
|-	&lt;br /&gt;
| Exceeds $100,000 || 30%&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
Should multiple UT05s be required with the same utility owner, the UT05 should be modified for additional supplemental agreements. Once the final invoice on an UT05 is submitted to Financial Services, district utilities staff should change the status on the agreement in eAgreements to “completed”.&lt;br /&gt;
&lt;br /&gt;
==643.2.13 Utility Adjustments in Roadway Plans and Job Special Provisions (JSPs)==&lt;br /&gt;
It is the responsibility of the MoDOT Transportation Project Manager (TPM) to ensure utility plans of adjustment are shown on the project plans at the Plan, Specification, and Estimate (PS&amp;amp;E) stage based upon information coordinated by the district utilities staff with the appropriate utility owner.&lt;br /&gt;
&lt;br /&gt;
===643.2.13.1 Plans===&lt;br /&gt;
A legend showing all applicable utility symbols and the names of the utility owners is shown on the first special utility sheet. In the absence of special utility sheets, this information may be shown on the title sheet or the first plan and profile sheet. The following note is required to be placed on the title sheet or the first plan and profile sheet and the first special utility sheet (if used) to inform contractors of the suitability of the utility information contained on the plans.&lt;br /&gt;
&lt;br /&gt;
&amp;quot;The existence and approximate location of utility facilities known to exist, as shown on the plans, are based on the best information available to the Commission at this time. This information is provided by the Commission &amp;quot;as-is&amp;quot; and the Commission expressly disclaims any representation or warranty as to the completeness, accuracy, or suitability of the information for any use. Reliance upon this information is done at the risk and peril of the user, and the Commission shall not be liable for any damages that may arise from any error in the information&amp;quot;.&lt;br /&gt;
&lt;br /&gt;
===643.2.13.2 Job Special Provisions===&lt;br /&gt;
Since the addition of utility information on the plans, supplied by a third party, could subject the Missouri Highway and Transportation Commission to additional liability, a Utility JSP reflecting the status of utility adjustments will be required. The JSP will include the name, address, e-mail address, and telephone number of all utility owner representatives for all utility facilities located on the project. The anticipated adjustment completion date for each utility adjustment is also to be shown based on the agreed upon dates, durations, or completion dates with the utility owner’s representative. This information will inform the bidder of the status of utilities for proper work coordination that could affect the bids for the proposed highway construction project. Status notations will include general notations such as: “N/A”, “Work is in progress”, “Work has not started”, “Work is complete”, and “Work is included in contract.”&lt;br /&gt;
&lt;br /&gt;
===643.2.13.3 PS&amp;amp;E Submittal===&lt;br /&gt;
In the District Final Plans Submittal Checklist (D-12), the TPM should note any issues related to existing utility facilities or the adjustment of utility facilities either shown or not shown on the plans. Projects with “No Utility Impacts” such as some overlays, striping, bridge washing, etc. do not need a Utility Status Letter or Utility JSP. The D-12 is used for these projects. In the D-12, under Project Details – “Utilities”, the note “NO” is selected and under “Status”, select “Clear”. For all other projects, the district utilities staff will write a Utility Status Letter. The TPM will include the Utility Status Letter with the submittal of the final plans to the Design Division. The Utility Status will be defined as:&lt;br /&gt;
# Utility facilities are present, but no conflict is anticipated with the highway construction project. Or,&lt;br /&gt;
# All utility facilities requiring adjustment to allow highway construction have been physically adjusted on the project. Or,&lt;br /&gt;
# Utility construction work is planned or active and will be completed to such a point that no impact will be expected to the highway construction project. The status of this work is defined in the utility JSP. Or,&lt;br /&gt;
# Utility facilities are not expected to be adjusted by the notice to proceed date for the road project, but the utility work will have no impact on the progress of the highway construction project. The status of this work is defined in the utility JSP. Or,&lt;br /&gt;
# Utility facilities must be adjusted after the road contractor completes stage construction or in coordination with the contractors’ work. Details of the coordination effort required of the contractor are defined in the utility JSP to properly advise bidders. Or,&lt;br /&gt;
&lt;br /&gt;
# Utility adjustment plans and specifications are included in the bid documents for the highway construction project. A UT04 agreement must be executed.&lt;br /&gt;
&lt;br /&gt;
==643.2.14 Payment to Utility Companies for Reimbursable Work==&lt;br /&gt;
Authorization and federal funding obligation must be approved prior to incurring costs. This applies to all types of work on utility facilities including preliminary engineering. An obligation is a commitment by the federal government to reimburse MoDOT for the federal share of a project’s eligible cost.&lt;br /&gt;
&lt;br /&gt;
===643.2.14.1 Obligation Process===&lt;br /&gt;
Federal funding can be used with both lump sum and actual cost agreements. After the utility agreement is fully executed, the district utilities staff will email a copy of the utility agreement or the letter agreement referencing the MRUA to the email group OBLIGATE. This email should request the authorization authority for use of federal funds and to be informed of a Notice to Proceed (NTP) (see [[#643.2.15_Notice_to_Proceed|EPG 643.2.15]]) date by Financial Services once federal funding has been obligated. District utilities staff should allow three (3) weeks to receive the NTP. Financial Services will use Advance Construction (AC) funding to fund reimbursement to utility owners. With AC funding, state funds initially are used to pay for reimbursement to utility owners. Once construction is complete, with appropriate documentation of the work via the [https://epg.modot.org/forms/general_files/DE/C-9.docx C-9] and [https://epg.modot.org/forms/general_files/DE/C-13.docx C-13], Financial Services will convert to federal funding.&lt;br /&gt;
&lt;br /&gt;
===643.2.14.2 Preliminary Engineering===&lt;br /&gt;
On occasion, preliminary engineering (PE) may need to be undertaken by the utility owner prior to the execution of a utility agreement. If a utility owner has a MRUA, an estimate of the cost of the PE work by the utility owner may be used to obligate funding for preliminary engineering under the MRUA as a PE only letter agreement. If a lump sum or actual cost agreement will be required with the utility owner for the project, district utilities staff should do two (2) agreements with one agreement covering PE only, and once a design for the adjustment is obtained, a second agreement for the construction of the adjustment should be executed. If a separate PE only agreement is obtained, NTP will need to be issued twice to the utility owner: once for PE and once for construction.&lt;br /&gt;
&lt;br /&gt;
===643.2.14.3 Right of Way===&lt;br /&gt;
Once Notice to Proceed has been given, the utility owner may begin the right of way acquisition process. If the utility owner needs to acquire right of way prior to a full agreement for relocation has been negotiated, the agreement specifically for the acquisition of right of way should be executed. This agreement will be sent to Financial Services to begin the obligation process.&lt;br /&gt;
&lt;br /&gt;
===643.2.14.4 Construction===&lt;br /&gt;
Payment to utility owners for construction of the adjustment may occur in a number of phases.&lt;br /&gt;
&lt;br /&gt;
====643.2.14.4.1 Prepayment====&lt;br /&gt;
Per the utility agreement, the Commission allows utility owners to be prepaid prior to commencing work. The district utilities staff may negotiate the prepayment if the utility owner is receptive. The utility owner will submit a request for prepayment with an invoice prior to any prepayment. Route, county, and job number must be included in the request. The district utilities staff will submit a request to Financial Services with a copy saved in MoProjects for future reference by the district staff responsible for inspection of the utility adjustment.&lt;br /&gt;
&lt;br /&gt;
====643.2.14.4.2 Progress Payments====&lt;br /&gt;
If a utility owner has not been prepaid the entire estimated amount in the utility agreement, then the utility owner may request progress payments after completing a portion of the proposed work, including PE.&lt;br /&gt;
&lt;br /&gt;
Progress payments for PE by consultants should not exceed the &amp;quot;maximum not to exceed amount&amp;quot; shown in the cost estimate unless additional costs are approved first by district utilities staff.&lt;br /&gt;
&lt;br /&gt;
For progress payments, the utility owner is required to submit only a summary of work and materials for which payment is claimed, not a detailed billing. District utilities staff should check only to be sure that sufficient work has been done to justify making the requested payment. Payment should be made for allowable costs incurred up to the date of the progress payment request.&lt;br /&gt;
&lt;br /&gt;
Progress payment invoices do not relieve the utility owner of the responsibility of submitting one complete and final invoice upon completion of the adjustment. The utility owner’s address must be shown on the invoice. The district utilities staff should submit progress payment invoices and applicable C-9s to Financial Services within one (1) week of receipt of invoice.&lt;br /&gt;
&lt;br /&gt;
One copy of the progress payment and one copy of the district utilities staff letter of recommendation must be sent to Financial Services for payment and be stored in MoProjects. The cover memo should include the project number, route, county, actual cost or lump sum utility agreement, Commission obligation percentage, total cost estimate of Commission obligation, and indicate the progress payment number, i.e., progress payment number 1, 2, 3, etc. If more than one progress payment is requested by the utility company, the district should submit progress payment bills to Financial Services in the following format:&lt;br /&gt;
{| class=&amp;quot;wikitable&amp;quot; style=&amp;quot;margin-left: 25px; text-align:center&amp;quot;&lt;br /&gt;
! Payment !! Amount&lt;br /&gt;
|-&lt;br /&gt;
| Progress Payment #1 || $50,000&lt;br /&gt;
|-&lt;br /&gt;
| Progress Payment #2 || 10,000&lt;br /&gt;
|-	&lt;br /&gt;
| Total Payment to Date || $60,000&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
This format will help clarify payment history with the utility owner. Progress payments for actual cost utility agreements may not exceed the Commission&#039;s total estimated cost shown in the agreement. However, if the request for a progress payment exceeds the original estimate, a change order with explanation should accompany the request. (See [[#643.2.16.5_Change_Orders|EPG 643.2.16.5 Change Orders]].)&lt;br /&gt;
&lt;br /&gt;
====643.2.14.4.3 Final Payment====&lt;br /&gt;
Utility owners are required to submit a detailed final invoice to MoDOT for all actual cost reimbursable utility work and for any lump sum reimbursable utility work that was not prepaid. For prepaid lump agreements, the utility owner must submit a zero-dollar ($0) invoice to demonstrate the work has been completed. After the utility work has been fully completed, the district utilities staff responsible for inspection should send the utility owner a “60 Day” [https://epg.modot.org/forms/general_files/DE/FinalInvoiceLetter.docx Final Acceptance Letter] requesting a complete final invoice within 60 days, as detailed in the utility agreement. If the final invoice is not received from the utility owner within 30 days, then a follow up letter should be sent (i.e., “30 Day” [https://epg.modot.org/forms/general_files/DE/FinalInvoiceReminderLetter.docx Reminder Final Invoice Letter]) reminding the utility owner of its obligation to submit a final invoice within 60 days of the completed work. If a final invoice from the utility owner is not received within this timeframe, then the district utilities staff should contact the Design Liaison Engineer for guidance on how to close out the work.&lt;br /&gt;
&lt;br /&gt;
The district utilities staff is expected to check the final bill within two (2) weeks after receipt in as much detail as possible against the C-9. It is their responsibility to verify from field records the quantities of labor, equipment, material used, material retired, and to justify all changes made. If the utility owner’s contractor made the adjustment at unit cost prices, then it is the district utility staff’s responsibility to verify the number of units completed and not the hours of labor and equipment. It is also important for the utility owner to show the words “final bill” or “final invoice” on the last bill, in order for MoDOT to understand that no additional charges will be made on the adjustment. The final bill must show a general description of the utility adjustment, the highway project number, the date on which work was completed or last item of billed expense was incurred, and the location where records can be audited. The order of items in the final statement should follow as closely as possible the order of items in the original estimate. A summary, on the utility owner’s letterhead, of the total cost of preliminary engineering, construction engineering, right of way, labor, overhead, construction travel expense, transportation, equipment, materials, supply, handling, and salvage credits should be shown in a way that will permit direct comparison with the approved estimate from the original or supplemental agreements (see [[#643.2.12.6_Supplemental_Agreements|EPG 643.2.12.6]]).&lt;br /&gt;
&lt;br /&gt;
If the Actual Cost final invoice shows a much higher cost than the original estimate without scope change, the utility owner is required to give reasons in a letter to the district utilities staff explaining why the invoice cost increased. When the Actual Cost final invoice exceeds the amount shown in the table in [[#643.2.12.6_Supplemental_Agreements|EPG 643.2.12.6]], a supplemental agreement is required.&lt;br /&gt;
&lt;br /&gt;
When the district utilities staff has determined that the final invoice is accurate, the C-13 should be completed. Once the C-13 is completed, the C-13 and the final invoice from the utility owner are forward to Financial Services. For Actual Cost agreements, the C-9s should also be included in this transmittal. If no additional payments are required, the district utilities staff should note this in the transmittal as well. If the final invoice indicates previous payments to a utility owner exceeded the final invoice, the utility owner will need to send MoDOT a check for the overpayment amount. The check should be made payable to Director of Revenue – Credit State Road Fund. If the utility owner did not send MoDOT an overpayment check with the final invoice, district utilities staff should send a letter to the utility owner requesting the refund amount. Submittal of the final invoice to Financial Services should not occur until repayment has been received. The submittal to Financial Services should note the receipt of the repayment check.&lt;br /&gt;
&lt;br /&gt;
==643.2.15 Notice to Proceed==&lt;br /&gt;
For PE only, once an agreement has been executed, and Financial Services has advised that authorization from FHWA has been received, district utilities staff will issue a notice to proceed (NTP) letter to the utility owner for the PE. For agreements that include PE and construction or once a final agreement for construction has been executed, right of way clearance has been issued, and Financial Services has advised that authorization from FHWA has been received, the district utilities staff will issue NTP to the utility owner for construction. See [https://epg.modot.org/forms/general_files/DE/NoticeToProceedExampleLetter.docx Example of Notice to Proceed Letter]. If salvage credit is part of the agreement with the utility owner, the NTP letter should include a statement that the utility owner will need to inform district utilities staff of the time and place that inspection may be made of the removed material. The utility owner may be held accountable for full value of materials disposed without proper notice. Utility owners may purchase materials prior to NTP for construction; however, no other work on the adjustment necessary to allow highway construction may begin prior to NTP for construction. The utility owner, for reasons of planning their workload or due to seasonal situations, may request early authorization to perform the work. This request, with the district utilities staff recommendations, is sent to the Design Liaison Engineer for further handling, approval, and advancement of the necessary funds. A copy of the NTP should be saved in MoProjects. If a utility owner begins adjustments prior to NTP for construction, district utilities staff should notify the utility owner immediately in writing that reimbursement will not be made for work done prior to NTP for construction.&lt;br /&gt;
&lt;br /&gt;
==643.2.16 Construction of Utility Adjustments==&lt;br /&gt;
===643.2.16.1 Utility Owner Self-Perform===&lt;br /&gt;
As per 23 CFR 645.115 Construction, it may be cost-effective for certain utility adjustments to be performed by a utility owner with its own internal forces and equipment, provided the utility owner is qualified to perform the work in a satisfactory manner. This cost-effectiveness finding covers minor work on the utility owner’s existing utility facilities routinely performed by the utility owner with its own forces.&lt;br /&gt;
&lt;br /&gt;
===643.2.16.2 Construction Contract Requirements===&lt;br /&gt;
When the utility owner is not adequately staffed and equipped to perform such work with its own forces and equipment at a time convenient to coordination with the associated highway construction, such work may be done one of four ways for utility adjustments:&lt;br /&gt;
# MoDOT can provide the construction services, via awarded contract to the lowest qualified bidder based on appropriate solicitation. This can be done by including the adjustment work in the roadway improvement project (EPG 643.2.12.4 Utility Agreement for Utility Work Included in Roadway Improvement Project) or by having a utility only project (EPG 643.2.12.5 Utility Only Project).&lt;br /&gt;
# The utility owner can award a construction contract to the lowest qualified bidder based on appropriate solicitation.&lt;br /&gt;
# The utility owner can utilize an existing continuing contract, provided the costs are reasonable (see EPG 643.2.9.1 Independent Cost Estimate).&lt;br /&gt;
# The utility owner can contract for low-cost incidental work, such as tree trimming and the like, without competitive bidding, provided the costs are reasonable (see EPG 643.2.9.1 Independent Cost Estimate).&lt;br /&gt;
&lt;br /&gt;
When a utility owner chooses option 2 to award its own new construction contract, the utility owner must provide the following documents and information to the district utilities staff. These documents need to be provided as soon as the utility owner has chosen to pursue a construction contract. Document 1 must be supplied by all utility owners. Documents 2 and 3 are only required when the utility owner is a local government agency who is also a political subdivision of the state of Missouri (e.g., city-owned utilities, county-owned utilities). All other utility owners are encouraged, but not required, to provide Documents 2 and 3.&lt;br /&gt;
# A statement that the utility owner is not staffed or able to perform the required construction activities with its own forces.&lt;br /&gt;
# A copy of the request for proposal used to secure bids.&lt;br /&gt;
# A list of a minimum of 3 bidders whom they believe can do the work. &#039;&#039;&#039;Political subdivisions are required to advertise for the work&#039;&#039;&#039;.&lt;br /&gt;
# Upon review of these documents, the district utilities staff will advise the utility owner to proceed with the solicitation of bids, but the utility owner will not be permitted to award the contract without the concurrence of district utilities staff. For lump sum agreements, approval of contract work and subcontract work is not required.&lt;br /&gt;
&lt;br /&gt;
The following documents need to be provided as soon as the utility owner has determined the lowest qualified contractor and would like to award the project. Document 1 must be supplied by all utility owners. Document 2 is only required when the utility owner is a local government agency who is also a political subdivision of the state of Missouri (e.g., city-owned utilities, county-owned utilities). All other utility owners are encouraged, but not required, to provide Document 2.&lt;br /&gt;
# The name address of the lowest qualified contractor.&lt;br /&gt;
# The tabulation of bids received and other information to support their recommendation for award to the lowest qualified bidder.&lt;br /&gt;
&lt;br /&gt;
The district utilities staff will review and approve the utility owner&#039;s bid information prior to the award of the contract. The Design Liaison Engineer is available to assist the district with review of bid information if necessary. Once the district utilities staff provides concurrence, the utility owner may proceed with awarding the contract. When the utility owner is a local government agency who is also a political subdivision of the state of Missouri (e.g., city-owned utilities, county-owned utilities), a copy of the executed contract must be shared with the district utilities staff. All other utility owners are encouraged, but not required, to provide a copy of the executed contract.&lt;br /&gt;
&lt;br /&gt;
A checklist is available for reviewing contracts to ensure the contract conforms to MoDOT policy and complies with applicable federal regulations.&lt;br /&gt;
&lt;br /&gt;
When a utility owner chooses to utilize a an existing continuing contract, the utility owner will submit a copy of the contract to the district utilities staff. The district utilities staff will review the contract for reasonableness of cost. If district utilities staff and the utility owner’s representative cannot agree on the reasonableness of cost, then the utility owner will be required to award a new construction contract.&lt;br /&gt;
&lt;br /&gt;
===643.2.16.3 Inspection===&lt;br /&gt;
The degree of inspection needed for utility adjustments will vary considerably with the nature and location of the work and whether the Commission is responsible for any portion of the cost of reimbursement. Judgment must be used regarding the manner and regularity of inspection duties. Some phases of the work require a very close check to ensure that the highway will not be adversely affected and to ensure satisfactory performance of work in accordance with the agreement and plans. The degree of inspection may vary from spot checking of overhead installations to continuous close observation of backfilling trenches beneath proposed pavement, embankment area, or adjacent to bridge abutments. Proper inspection can ensure that the utility adjustment is completed as efficiently as possible to minimize future impacts to the utility facility and the highway construction project. A [https://epg.modot.org/forms/general_files/DE/UtilityFieldInspectionChecklist.docx Field Inspection Checklist] to assist district utilities staff responsible for inspection is available.&lt;br /&gt;
&lt;br /&gt;
If it is found that any actual cost reimbursable utility adjustment is being performed by unapproved contractors, district utilities staff should direct the work to stop. The utility owner’s representative should be informed immediately and should be advised in writing that the costs incurred by an unapproved contractor are not eligible for reimbursement under provisions of the agreement. The district utilities staff can take appropriate steps to approve a subcontract and advise when the utility owner can recommence work.&lt;br /&gt;
&lt;br /&gt;
===643.2.16.4 Documentation===&lt;br /&gt;
All documents related to the construction of the utility adjustment necessary to allow highway construction should be stored in MoProjects.&lt;br /&gt;
&lt;br /&gt;
Construction records must be kept to confirm that work is done in accordance with the terms of the agreement and in the manner proposed in the plans. The importance of a complete and accurate record cannot be overemphasized. Detailed records are necessary to support the recommendation for payment of the final invoice. A complete, separate daily record must be kept on each actual cost adjustment and submitted for review when the final invoice is recommended for payment. This district utilities staff responsible for inspection should complete the Daily Utility Report (C-9).&lt;br /&gt;
&lt;br /&gt;
====643.2.16.4.1 Utility Reports====&lt;br /&gt;
The Daily Utility Report ([https://epg.modot.org/forms/general_files/DE/C-9.docx Form C-9]) and the Final Utility Report ([https://epg.modot.org/forms/general_files/DE/C-13.docx Form C-13]) are used for documenting utility adjustments necessary to allow highway construction. The use of C-9s and C-13s will vary with method of reimbursement. For utility adjustments necessary to allow highway construction that overlap with the highway contractor’s work, progress records should be kept as necessary to coordinate the highway and utility construction activities. Sufficient records must be maintained to check and verify the items of labor, equipment, materials, and salvaged items as submitted on the final invoice.&lt;br /&gt;
&lt;br /&gt;
=====643.2.16.4.1.1 Daily Utility Report (C-9)=====&lt;br /&gt;
C-9s are only required for actual cost agreements. The district utilities staff responsible for inspection must in all cases keep records to document inclement weather, down time, and verbal authorization for minor changes. The district utilities staff responsible for inspection must complete a C-9 documenting the number and classification of employees and number of hours worked. Records of material used and of retired materials returned to stock or scrapped must be kept. The utility owner’s major items of equipment must also be recorded. When work is done by the contract method based on unit prices, the district utilities staff responsible for inspection should ascertain that units of work as provided in the bid proposal are measured and recorded to form a basis for checking the final invoice. C-9s should list the location and the number of units of work accomplished for that period. If contract labor or equipment is used by a utility owner on the basis of a bid per hour, per day, etc., it will be necessary to keep records on this labor or equipment time in the same manner as if the utility owner were performing the work with its own internal forces. District utilities staff responsible for inspection should also note all contractors working for the utility owner and the contractor approval authorization dates given in the agreement.&lt;br /&gt;
&lt;br /&gt;
=====643.2.16.4.1.2 Final Utility Report (C-13)=====&lt;br /&gt;
C-13s summarize that the utility adjustment work that was done in accordance with the agreement and plans, the percentage of total cost that is the responsibility of the Commission, and any progress payments that have been made. A C-13 is required for both actual cost and lump sum agreements. The requested numbers shown on line 9 (Commission Estimated Cost) and line 10 (Amount of Final Bill) in the report are the Commission’s total responsibility.&lt;br /&gt;
&lt;br /&gt;
====643.2.16.4.2 Breakdown and Emergency====&lt;br /&gt;
When breakdown and emergency situations occur, prior approval by MoDOT is not required for contract or equipment rental work unless the cost or period of time will be extensive. The utility owner should furnish a letter as soon as possible to explain the situation and set out the estimated costs involved. The district utilities staff’s records should substantiate the need and the changes for personnel and equipment.&lt;br /&gt;
&lt;br /&gt;
====643.2.16.4.3 Stop Work====&lt;br /&gt;
If at any point, a stop work order is given by MoDOT to a utility owner, written documentation of the stop work order should be saved in MoProjects.&lt;br /&gt;
&lt;br /&gt;
===643.2.16.5 Change Orders===&lt;br /&gt;
Any change in the plan of adjustment should be documented in writing to the utility owner as a change order. If the change order is anticipated to exceed $100,000 or 15% of the original agreement amount, district utilities staff should negotiate a supplemental agreement with the utility owner’s representative. Once a supplemental agreement is in place, district utilities staff should contact Financial Services to obtain an adjustment of the obligation mid-project. Change orders without supplemental agreements will be settled once the project is complete.&lt;br /&gt;
&lt;br /&gt;
====643.2.16.5.1 Actual Cost Agreement====&lt;br /&gt;
Slight modifications in quantities or the addition of minor items not included with the original agreement do not require a supplemental agreement. However, such changes should be documented in writing with the utility owner. A supplemental agreement is needed if costs exceed the above threshold or if there is a change in the percentage of cost that is the Commission’s responsibility on an agreement with shared responsibility for costs. Intermediate partial payments cannot be made on items in a supplemental agreement until the supplemental agreement is approved.&lt;br /&gt;
&lt;br /&gt;
====643.2.16.5.2 Lump Sum Agreement====&lt;br /&gt;
A supplemental agreement to a Lump Sum Agreement is only required for significant changes in the scope of work of the utility adjustment necessary to allow highway construction. Normal overruns are not considered as changes in approved work and will not be reimbursed. Significant changes in the scope of work on utility adjustments necessary to allow highway construction cannot be done until the supplemental agreement is approved, and the adjustment in obligation of funds is complete.&lt;br /&gt;
&lt;br /&gt;
==643.2.17 Utilities during Highway Construction==&lt;br /&gt;
The contractor is responsible for having utilities located by contacting Missouri One-Call (811) prior to any excavation on the project. A reminder of this responsibility should be made at the preconstruction meeting.&lt;br /&gt;
&lt;br /&gt;
===643.2.17.1 Preconstruction Meeting (Pre-Con)===&lt;br /&gt;
District utilities staff should be invited to all pre-cons.&lt;br /&gt;
&lt;br /&gt;
Pre-cons fall into three categories relating to utilities:&lt;br /&gt;
# No utility adjustments are anticipated within the project limits,&lt;br /&gt;
# All utility adjustments completed prior to the pre-con, and&lt;br /&gt;
# All utility adjustments not completed prior to the pre-con.&lt;br /&gt;
&lt;br /&gt;
====643.2.17.1.1 No Utility Adjustments Anticipated within the Project Limits====&lt;br /&gt;
For projects without a Utility Job Special Provision (JSP), no involvement of the utility owners is required at the pre-con. For projects with a Utility JSP, the Resident Engineer (RE) should invite all utility owner representatives listed in the JSP with known required adjustment to the pre-con. The RE should review potential impacts of the highway construction project with the contractor and the utility owner.&lt;br /&gt;
&lt;br /&gt;
====643.2.17.1.2 All Utility Adjustments Completed Prior to the Pre-Con====&lt;br /&gt;
The RE should invite all utility owner representatives listed in the JSP with known required adjustment to the pre-con. The RE should review potential impacts of the highway construction project with the contractor and the utility owner. A general discussion should highlight the previous adjustments made by the utility owner and what abandoned utility facilities the contractor may encounter.&lt;br /&gt;
&lt;br /&gt;
====643.2.17.1.3 All Utility Adjustments Not Completed Prior to the Pre-Con====&lt;br /&gt;
It is important for the RE and inspector to understand the utility owner’s work schedule and how it relates to the contractor’s work schedule. During the pre-con, the schedule of the utility owner and highway construction contractor should be discussed, and conflicts should be addressed to allow utility adjustments and highway construction to progress as near to the proposed schedule as possible. On large-scale projects that have many utility issues to address that could impact the work of the highway construction contractor, it may be necessary to have a separate pre-con with utility owner representatives.&lt;br /&gt;
&lt;br /&gt;
===643.2.17.2 Coordination Meetings===&lt;br /&gt;
When the utility work will not be completed soon after the preconstruction meeting, the RE should meet with district utilities staff, the highway construction contractor, and the utility owner representatives on a regular basis to discuss utility coordination issues, so expectations from all parties are known and conveyed clearly. The utility owner may need some work performed by MoDOT or the highway construction contractor prior to completing their adjustments. (Examples include: survey staking of right of way or proposed facilities, trees cleared, grading performed, or new structures built).&lt;br /&gt;
&lt;br /&gt;
==643.2.18 Service Drops==&lt;br /&gt;
Power and communication services provided by utility owners are necessary for the operation of the highway system. These services may include power to traffic signals, lighting, or ITS devices; power for cathodic protection; or telecommunication services to signal controllers or ITS devices. The project design teams should work with district utilities staff to identify proper locations for the applicable utility owners to provide these services. Various utility owners have different requirements for this process. The district utilities staff is encouraged to develop a workable relationship with the utility owners who provide these services to MoDOT. The costs of installing the services charged by the utility owner are considered a non-contractual item and should be accounted for in the project’s budget in the STIP. The proposed location and method for the service drops should be shown on the roadway plans. District utilities staff should meet with the utility owner’s representative to ensure the proposed location can be accommodated by the utility owner. For electrical service connections, the power supply assembly is ideally located a maximum of ten feet (10’) from the source location. Plans submitted for PS&amp;amp;E should reflect the agreed upon location for all service connections. During construction, district utilities staff and district construction staff should work together to ensure the placement of the services is consistent with the project plans. Payment for the service drops should be invoiced by the utility owner to the district. District utilities staff is responsible for submission of the invoice directly to Financial Services for payment noting the non-contractual charges for the project.&lt;br /&gt;
&lt;br /&gt;
==643.2.19 Buy America Build America for Utilities==&lt;br /&gt;
FHWA’s Buy America Build America (BABA) policies require a domestic manufacturing process for all steel or iron products, other construction materials, and manufactured products that are permanently incorporated into Federal-Aid Highway construction projects, including products and materials used for adjustments to utility facilities to allow highway construction. These guidelines are for all federally reimbursable transportation projects where FHWA is the lead federal agency; it does not take precedence over projects where Federal Transit Administration or the Federal Railroad Administration is deemed the be the lead federal agency.&lt;br /&gt;
&lt;br /&gt;
===643.2.19.1 Program Requirements for Utilities===&lt;br /&gt;
All MoDOT projects are federal-aid projects, and therefore, all reimbursable utility adjustments are required to follow the provisions of BABA. More information on MoDOT’s BABA policy and procedures can be found in [[106.9_Buy_America_Requirement|EPG 106.9 Buy America Requirement]]. Specifically, utility owners should be aware of the following procedures for determining applicability of the EPG 106.9 requirements to reimbursable utility adjustments necessary to allow highway construction:&lt;br /&gt;
* BABA does not apply when materials are relocated from one location to another within the project limits.&lt;br /&gt;
* BABA does not apply for materials necessary for temporary utility adjustments assuming materials are removed from the right of way upon completion of the utility adjustment to allow highway construction.&lt;br /&gt;
* Non-reimbursable work must be kept separate from reimbursable work (agreements, permits, etc.) in order to not be subject to BABA.&lt;br /&gt;
&lt;br /&gt;
===643.2.19.2 Certification Requirements for Utilities===&lt;br /&gt;
Utility owners have the option of choosing either to self-certify BABA compliance or provide vendor/manufacturer certification to MoDOT. The method of certification is chosen by the utility owner and is documented in either the MRUA or the project specific agreement. Regardless of agreement type or certification method, the utility owner must be compliant with BABA requirements.&lt;br /&gt;
&lt;br /&gt;
====643.2.19.2.1 BABA Utility Owner Self-Certification====&lt;br /&gt;
If a utility owner chooses to self-certify BABA compliance, the utility owner is not required to provide MoDOT copies of the supplier certification as part of the project documentation or with the final invoice for any reimbursable utility adjustment necessary to allow highway construction. Retention of all documents should be as described in the agreement.&lt;br /&gt;
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====643.2.19.2.2 BABA Vendor/Manufacturer Certification====&lt;br /&gt;
If a utility owner chooses to use vendor/manufacturer certification, the utility owner will supply MoDOT BABA compliance from all vendors and/or manufacturers. Certification from vendors will be signed by an authorized representative of the vendor on company letterhead or other acceptable documentation and will declare that all supplied materials subject to BABA requirements are fully compliant. Certification from iron or steel manufacturers must be in the form of a mill test report (MTF) issued and signed by the initial fabricator stating the materials subject to BABA were melted and manufactured in the United States. Other written statements on company letter or other acceptable documentation signed by an authorized representative of the manufacturer for any additional treatment to the fabricated material (such as blasting, galvanizing, painting, or coating) will state that all treatment processes occurred in the United States according to FWA guidelines. Retention of all documents should be as described in the agreement. Manufacturer certification for manufactured products or construction materials will state that all materials were sourced from the United States and were fabricated in the United States. Retention of all documents should be as described in the agreement.&lt;br /&gt;
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&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643.3 Reserved for Future Use &#039;&#039;PAGE TITLE&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;&lt;br /&gt;
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&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643.4 Railroads (NO CHANGE) &#039;&#039;PAGE TITLE&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;&lt;br /&gt;
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==236.5.12 Excess Land Conveyances &amp;amp; Relinquishments - Utilities==&lt;br /&gt;
All conveyances and relinquishments of Commission-owned property shall be evaluated for the existence of any utility facilities located within the areas to be conveyed or relinquished. A conveyance or relinquishment of Commission-owned property may have implications to the utility facilities, and the utility owners, when the Commission no longer controls the property. It is important to maintain the continuity of utility facilities for the general public; therefore, to identify and minimize potential impacts, MoDOT shall involve utility owners in the conveyance and relinquishment processes.&lt;br /&gt;
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===236.5.12.1 Excess Land Conveyances Utilities===&lt;br /&gt;
MoDOT shall only recommend that a property be declared excess upon satisfactorily addressing the utility impacts. Whether MoDOT or an external party initiates the conveyance of excess property, utility impacts shall be adequately addressed by using one of the following methods: &lt;br /&gt;
:1. Each utility facility will be relocated by permit into a new utility corridor retained by the Commission.&lt;br /&gt;
:2. Each utility facility will remain in place with the benefit of a non-exclusive permanent utility easement.&lt;br /&gt;
::&#039;&#039;If the Commission holds fee simple title to the property, the Commission shall convey a non-exclusive permanent utility easement to each utility owner&#039;&#039;.&lt;br /&gt;
::&#039;&#039;If the Commission holds a less than fee simple title interest in the property, MoDOT shall facilitate the conveyance of a non-exclusive permanent utility easement from the party acquiring the property to each utility owner&#039;&#039;.&lt;br /&gt;
:3. Each utility facility will be relocated to another portion of the property being conveyed.&lt;br /&gt;
::&#039;&#039;If the Commission holds fee simple title to the property, the Commission shall convey a non-exclusive permanent utility easement to each utility owner&#039;&#039;. &lt;br /&gt;
::&#039;&#039;If the Commission holds a less than fee simple title interest in the property, MoDOT shall facilitate the conveyance of a non-exclusive permanent utility easement from the party acquiring the property to each utility owner&#039;&#039;.&lt;br /&gt;
:4. Each utility facility will be relocated onto a portion of the property already owned by the party acquiring the Commission-owned property, with the benefit of a non-exclusive permanent easement. (MoDOT shall facilitate the conveyance of a non-exclusive permanent utility easement from the party acquiring the property to each utility owner.)&lt;br /&gt;
:5. A three-party negotiated settlement taking into consideration the overall value of the proposed transaction.&lt;br /&gt;
:6. Additional options to address utility impacts may be utilized with approval from the Asst. to the State Design Engineer - Right of Way.&lt;br /&gt;
&lt;br /&gt;
===236.5.12.2 Road Relinquishment Utilities===&lt;br /&gt;
MoDOT shall only recommend the relinquishment of roadways through the [[236.14 Change in Route Status Report|Change in Route Status Report]] upon satisfactorily addressing the impacts to utility facilities. If the roadway will be relinquished to a local public transportation authority, with the intent that it continues to be used as a public roadway, a clause similar to the following shall be included in the deed from the Commission to the local public transportation authority:&lt;br /&gt;
:&#039;&#039;&amp;quot;Grantee, by acceptance of this conveyance, covenants and agrees for itself, its successors and assigns, to allow known or unknown utility facilities currently located on the property, whether of record or not, to remain on the property, and to grant the current and subsequent owners of those facilities the right to maintain, construct and reconstruct the facilities and their appurtenances over, under, and across the land herein conveyed, along with the right of ingress and egress across the land herein conveyed to and from those utilities.&amp;quot;&#039;&#039; &lt;br /&gt;
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Proposed roadway relinquishments to private entities shall be reviewed in a manner consistent with the conveyance of excess property described in [[236.5 Property Management#236.5.3 Asset Management Committee|EPG 236.5.3 Asset Management Committee]].&lt;/div&gt;</summary>
		<author><name>Hoskir</name></author>
	</entry>
	<entry>
		<id>https://epg.modot.org/index.php?title=User:Hoskir/Revision_Request_4225&amp;diff=58877</id>
		<title>User:Hoskir/Revision Request 4225</title>
		<link rel="alternate" type="text/html" href="https://epg.modot.org/index.php?title=User:Hoskir/Revision_Request_4225&amp;diff=58877"/>
		<updated>2026-06-22T18:01:45Z</updated>

		<summary type="html">&lt;p&gt;Hoskir: /* 643.2.14.4.3 Final Payment */&lt;/p&gt;
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&lt;div&gt;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643 Utility Procedures  &#039;&#039;CATEGORY&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt; &lt;br /&gt;
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| &#039;&#039;&#039;&amp;lt;center&amp;gt;&amp;lt;u&amp;gt;Additional Resources&amp;lt;/u&amp;gt;&amp;lt;/center&amp;gt;&#039;&#039;&#039;&lt;br /&gt;
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| ● [https://www.ecfr.gov/current/title-23/chapter-I/subchapter-G/part-64523 CFR 645]&lt;br /&gt;
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| ● [https://www.sos.mo.gov/cmsimages/adrules/csr/current/7csr/7c10-3.pdf7 CSR 10-30]&lt;br /&gt;
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&#039;&#039;&#039;Utility Accommodation Policy:&#039;&#039;&#039; State DOTs are required to develop policies and procedures pertaining to the use, accommodation, and/or relocation of public and private utility facilities on highway rights-of way using Federal-aid highway funds. State DOTs are required to develop, maintain, and obtain FHWA approval of their Utility Accommodation Policy (UAP) (23 CFR section 645.215). This EPG article 643 and subarticles 643.1 through 643.3 are Missouri Department of Transportation (MoDOT)’s Utility Accommodation Policy. Text in EPG 643 consolidates various federal and state statutes and rules into a single, cohesive, workable policy to outline processes for MoDOT staff and utility owners.&lt;br /&gt;
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&#039;&#039;&#039;Delegation of Work:&#039;&#039;&#039; Each MoDOT district is responsible for ensuring implementation of the UAP outlined in the subsequent EPG articles. Each district can create its own organization for whom is responsible for the work including between divisions and job titles. Work responsibilities within this article and subarticles are generic where possible. If a specific title is included, that title has sole responsibility for that item of work.&lt;br /&gt;
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&#039;&#039;&#039;643 documents not being used&#039;&#039;&#039;&lt;br /&gt;
[[media:144 Major Highway System 2022.pdf|major routes]]&lt;br /&gt;
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&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643.1 Utility Location  &#039;&#039;PAGE TITLE&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt; &lt;br /&gt;
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The information in this article provides a uniform system for regulating the location, construction, maintenance, removal, and relocation of utility facilities on the right of way of roadways located on the state highway system. It also provides for the facilitation of construction and maintenance of these roadways. Any location or relocation of utility facilities contrary to this information is an interference with the construction, maintenance, or operation of a state highway and its right of way and is prohibited.&lt;br /&gt;
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==643.1.1 Permits==&lt;br /&gt;
All utility owners are required to obtain a permit to work on Missouri Highway and Transportation Commission (Commission) right of way. A permit is required for original installation of the utility facility, on-going maintenance of the utility facility, or adjustments to a utility facility necessary to allow highway construction. Per [[127.29_Stormwater#127.29.4.3_MCM_3:_Illicit_Discharge_Detection_and_Elimination_(IDDE)_Program|EPG 127.29.4.3]], discharges of anything other than stormwater are not permitted. A deposit or bond is required to ensure completion of the work in accordance with the permit issued. An [https://www.modot.org/permits application for a permit] may be made on established forms specifically stating the nature of the work to be performed. Applications for permits may be obtained at any of the [https://www.modot.mo.gov/ seven (7) district highway offices] of the Commission, [https://www.modot.mo.gov/ MoDOT&#039;s website], or by requesting it from the office of the Missouri Highways and Transportation Commission in Jefferson City, Missouri. The application for a permit will specifically state the nature of the work to be performed, what specific type of utility facility is to be installed, and, if necessary, the timeframe of any temporary use. Piping of any type of sewage or waste will only be allowed providing any permitting by a regulatory agency, such as Missouri Department of Natural Resources, can be provided. Prior to obtaining a permit through MoDOT’s permit system, a utility owner will be required to provide a bond to ensure satisfactory work and complete a TR50 Electronic Signature Agreement with the Commission. The name of the utility owner must match on the bond, TR50, and in the permit system. More information on permitting can be found in [[:Category:941_Permits_and_Access_Requests|EPG 941]].&lt;br /&gt;
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===643.1.1.1 Emergency Work===&lt;br /&gt;
When emergency operations work is necessary, the damaged utility facility may be accessed immediately and without a permit by leaving the pavement at such points as may be necessary to effect emergency repairs, provided immediate notice is given to the Missouri State Highway Patrol and the district utilities staff for the district wherein the work will be performed, and a permit for emergency operations is requested immediately upon discovery of the need for emergency operations. A permit for emergency operations work is to be obtained as soon as practical, but in no event later than two (2) working days after the emergency operations work has commenced. Emergency operations include, but are not limited to, unplanned work in response to utility facilities being so damaged as to constitute an emergency situation directly affecting or endangering traffic on the highway or public health or safety.&lt;br /&gt;
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===643.1.1.2 Third-Party Inspection===&lt;br /&gt;
When a utility owner has a large number of projects in a given area or projects involving great complexity, MoDOT reserves the right to limit the number of permits open at any given time. With approval of the district utilities staff, a utility owner may hire a third-party inspector, at their cost. The third-party inspector will allow the utility owner to increase the number of permits open at any given time. The responsibility of the third-party inspector will be to ensure the installation of the utility facility proceeds in a manner consistent with the plans approved in the permit, including all work zone requirements and conformity with MoDOT’s Standards and Specifications. The MoDOT approved third-party inspector will be listed in the permit. MoDOT may audit third-party inspections and revoke the right to use third-party inspections should the inspectors fail to perform their duties.&lt;br /&gt;
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===643.1.1.3 Abandoned Utility Facilities===&lt;br /&gt;
All utility facilities installed in Commission right of way are the property of the utility owner whether the utility facility is active or inactive. MoDOT may allow a utility facility to remain on Commission right of way whether the utility facility was abandoned for a MoDOT project or at the utility owner’s discretion. MoDOT may place requirements (such as removing inactive fiber optic cables, grouting pipes, removing valves) on the utility owner as part of the process of abandoning a utility facility. Liability for damage to Commission right of way due to an abandoned facility remains the responsibility of the utility owner. In the event MoDOT requires the removal of the abandoned utility facility, responsibility for the cost of the removal will be determined per [[643.2_Local_Utility_Adjustments_-_Public_and_Private#643.2.8_Preliminary_Engineering_(PE)_Requirements|EPG 643.2.8]].&lt;br /&gt;
&lt;br /&gt;
==643.1.2 Definitions==&lt;br /&gt;
&#039;&#039;&#039;Bridge Attachment:&#039;&#039;&#039; A bridge attachment is any utility facility, including communication lines and electrical lines, or any other utility facility of a similar nature that is fastened to a bridge for the purpose of spanning an obstacle.&lt;br /&gt;
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&#039;&#039;&#039;Clear zone:&#039;&#039;&#039; The total roadside border area starting at the edge of the traveled way, available for safe use by errant vehicles. This area may consist of a shoulder, a recoverable slope, a non-recoverable slope, and/or the area at the toe of a non-recoverable slope available for safe use by an errant vehicle. Clear zone dimensions are provided in the current edition of American Association of State Highway Transportation Officials Roadside Design Guide.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Ditch Line:&#039;&#039;&#039; A line where the roadway ditch meets the back slope. It is located at the lowest point of a V-bottom ditch or furthest point from the roadway of a flat bottom ditch where the roadway slopes back to the existing ground line.&lt;br /&gt;
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&#039;&#039;&#039;Duct:&#039;&#039;&#039; An enclosed tubular casing, or raceway, for protecting wires, lines, or cables that is often flexible or semi-rigid (1-3% diametric deflection). The casing, or raceway, is separate from the cable or conductor that passes through it.&lt;br /&gt;
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&#039;&#039;&#039;Encasement:&#039;&#039;&#039; The term encasement means the placing of an installation around and outside of an underground facility consisting of a larger conduit that permits the removal and replacement of the facility. An alternate to the conduit type encasement is reinforced concrete poured around the utility facility. Utility owners are allowed to use any types of material as a carrier and encasement for its facilities as expressly provided for in the permit issued for the installation of the utility facility.&lt;br /&gt;
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&#039;&#039;&#039;Freeway:&#039;&#039;&#039; A divided arterial highway with full control of access.&lt;br /&gt;
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&#039;&#039;&#039;Highway:&#039;&#039;&#039; Any public way for vehicular travel, including the entire area within the right of way and related facilities constructed or improved and maintained by the Missouri Highways and Transportation Commission (MHTC) acting through the Missouri Department of Transportation (MoDOT).&lt;br /&gt;
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&#039;&#039;&#039;Interchange Limits:&#039;&#039;&#039; For the uniform handling of utility installations only, the limits of an interchange are the outside ramp curve points. See [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_1_TypicalInterchangeLimits_AOD.pdf EPG Figure 643.1.1] for an example.&lt;br /&gt;
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&#039;&#039;&#039;Interstate System or Other Freeways/Expressways:&#039;&#039;&#039; Interstate highways and highways with fully controlled access.&lt;br /&gt;
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&#039;&#039;&#039;Major Routes (Interstates, Freeways/Expressways and Principal Arterials):&#039;&#039;&#039; The major highway system is all routes functionally classified as principal arterials. The principal arterial system provides for statewide or interstate movement of traffic. The major roads in Missouri total approximately 5,500 centerline miles.&lt;br /&gt;
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&#039;&#039;&#039;Minor Routes:&#039;&#039;&#039; The minor highway system is all routes functionally classified as minor arterials or collectors. These routes mainly serve local transportation needs. The minor roads in Missouri total approximately 28,400 centerline miles.&lt;br /&gt;
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&#039;&#039;&#039;Normal Right of Way Line:&#039;&#039;&#039; An imaginary line that connects sudden breaks in the major right of way points for roadways. Sight distance right of way points (triangles) at roadway intersections are not to be considered as sudden breaks for determining normal right of way.&lt;br /&gt;
[[File:fig_643.1.2-06_2026.jpg|none|700px|thumb|Figure 643.1.2 Normal Right of Way Line.]]&lt;br /&gt;
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&#039;&#039;&#039;Private Lines:&#039;&#039;&#039; Privately owned utility facilities which convey or transmit the commodities outlined in the definition of utility facility of this section but devoted exclusively to private use.&lt;br /&gt;
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&#039;&#039;&#039;Scenic Enhancement Areas:&#039;&#039;&#039; Scenic enhancement areas include areas acquired or so designated as scenic strips, overlooks, rest areas, recreation areas, and the right of way of adjacent roadways and the right of way of roadways that pass through public parks and historic sites as described under 23 USC 138.&lt;br /&gt;
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&#039;&#039;&#039;Utility Corridor:&#039;&#039;&#039; An area established for the placement of utility facilities parallel to the normal right of way line.&lt;br /&gt;
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&#039;&#039;&#039;Utility Facility:&#039;&#039;&#039; Privately, publicly, or cooperatively owned line, facility, or system for producing, transmitting, or distributing communications, cable television, power, electricity, light, heat, gas, oil, crude products, water, steam, waste, storm water not connected with highway drainage or any other similar commodity, including any fire or police signal system or street lighting system which directly or indirectly serves the public and does not include privately owned facilities devoted exclusively to private use. The term &amp;quot;utility facility&amp;quot; includes those facilities used solely by the utility owner that are a part of its operating plant.&lt;br /&gt;
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&#039;&#039;&#039;Utility Owner:&#039;&#039;&#039; The utility owner is the utility company, inclusive of any wholly owned or controlled subsidiary, or city or county which owns utility facilities. The term also includes those government agencies that lease a utility facility for its own use or otherwise dedicated solely to governmental use.&lt;br /&gt;
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&#039;&#039;&#039;Variance:&#039;&#039;&#039; A one- (1-) time deviation from the requirements for location or relocation of utility facilities on the right of way of highways in the state highway system as established in [https://www.sos.mo.gov/cmsimages/adrules/csr/current/7csr/7c10-3.pdf Title 7 Code of State Regulations 10-3], requested by the utility, and approved by a MoDOT District Design Engineer.&lt;br /&gt;
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==643.1.3 Location of Utility Facilities==&lt;br /&gt;
Utility facilities paralleling the roadway should be installed in the utility corridor except as outlined below. The utility corridor is the space for all utility owners generally within six feet (6’) of the normal right of way line. When considering if the current utility corridor is available to expand from six feet (6’) to as much as twelve feet (12’), MoDOT determines if the expansion is warranted. In making the determination, MoDOT will consider the existing utilization of the original six feet (6’) corridor. Poles must remain within two feet (2’) of the normal right of way line unless approved by a variance. The utility corridor will only be expanded beyond six feet (6’) if the original six feet (6’) corridor is fully utilized and additional space would be required to accommodate additional utility facilities. Acquisition of additional right of way to establish a twelve feet (12’) corridor is not required on highway construction projects. For depths for underground utility facilities, see [[#643.1.4.1_Minimum_Cover_for_Underground_Facilities|EPG 643.1.4.1]].&lt;br /&gt;
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Utility facilities crossing the roadway should be installed as close to ninety degrees (90°) to the centerline of the roadway as possible and based on the guidelines below depending on the type of roadway. See [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_3_TypicalUtilityCorridor-InterchangeatMajorRoute_AOD.pdf EPG Figure 643.1.3] and [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_4_TypicalUtilityCorridor-InterchangeatMinorRoute_AOD.pdf EPG Figure 643.1.4] for typical utility corridors around interchanges.&lt;br /&gt;
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===643.1.3.1 Interstate System or Other Major Freeways/Expressways===&lt;br /&gt;
The installation of all utility facilities on highways of the Interstate System or other major freeways/expressways with fully controlled access are to be installed, serviced, and maintained without entering or leaving the roadway and ramps except at points approved by MoDOT for that purpose and without parking any equipment or storing materials upon the medians, roadway and ramps, or shoulders of the roadways. Cutting or damaging the pavement or paved shoulders is not permitted. New service connections to existing parallel utility facilities are to be permitted only where an outer roadway exists and then only where access is permitted by the Commission. Careful consideration will be given to the location of guys, anchors, braces, and other supports. Generally, good design practice will provide that appurtenances be located at right of way jogs, along intersecting road right of way, or at other similar acceptable locations, so that encroachment is held to an absolute minimum.&lt;br /&gt;
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No utility facilities will be permitted within the interchange limits of an interchange between fully limited access highways where planned or existing. Utility facilities within the interchange limits of an interchange with a non-access controlled highway will be permitted only along the minor road, provided that all construction, service, and maintenance can be performed from the minor road. Manholes and poles must be located beyond the ramp termini.&lt;br /&gt;
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For structures carrying or over interstates or other major freeways/expressways, see [[#643.1.5_Bridge_Attachment_Policy|EPG 643.1.5]].&lt;br /&gt;
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====643.1.3.1.1 Utility Facilities Crossing the Interstate or Other Major Freeways/Expressways====&lt;br /&gt;
=====643.1.3.1.1.1 Overhead Crossings of the Interstate or Other Major Freeways/Expressways=====&lt;br /&gt;
Overhead crossings of utility facilities are permitted only for power transmission and distribution lines and for multiple circuit communication lines where an underground installation is not economically feasible. Supports for existing utility facilities crossing overhead may remain on the right of way provided they are near the right of way line regardless of the presence of an outer road. Supports for new overhead utility facilities crossing overhead may be located on the right of way near the right of way line where an outer roadway exists and are to be located off the right of way where no outer roadway exists. Overhead service crossings are only permitted in isolated cases for residential or commercial establishments when the denial of the crossing would require construction of more than 1,200 feet (1,200’) of utility line to provide the service. Main or distribution line crossings are required to serve a general area other than isolated cases.&lt;br /&gt;
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=====643.1.3.1.1.2 Underground Crossings of the Interstate or Other Major Freeways/Expressways=====&lt;br /&gt;
Underground crossings of utility facilities are to be continuously encased under the pavement, medians, ramps, and shoulders with the casing extending to the toe of the fill slopes or to the ditch line. In curbed sections, encasement should extend outside the outer curb of the roadways a distance equal to the depth of the encasement at the curb line. Where installed by open trench through unpaved areas, detector tape should be placed approximately one foot (1&#039;) above the encasement. Where an interstate or other major freeway has a parallel outer roadway, encasement should be continuous under all roadways within the right of way.&lt;br /&gt;
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Manholes or vent pipes are to be located at the right of way line or adjacent to the outer roadway.&lt;br /&gt;
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For fiber optic cable, encasement should extend from within six feet (6&#039;) of one right of way line to within six feet (6&#039;) of the other right of way line.&lt;br /&gt;
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Exceptions may be made for encasement as listed in [[#643.1.4.2_Exceptions_to_Encasement|EPG 643.1.4.2]].&lt;br /&gt;
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=====643.1.3.1.1.3 Parallel Installations along the Interstate or Other Major Freeways/Expressways=====&lt;br /&gt;
New parallel installations on the right of way may be permitted only where an outer roadway exists, provided that poles are within two feet (2&#039;) of the normal right of way line and underground utility facilities are within the utility corridor, and provided that the utility facility can be installed and maintained between the outer roadway and the right of way line. Existing overhead or underground utility facilities that parallel an existing roadway which will be incorporated into a completed highway as an outer roadway may remain in place if all maintenance and service can be performed from an outer roadway and the existing location does not interfere with construction, maintenance, or operation of the completed highway. If an existing parallel utility facility needs to be relocated so as to not interfere with the construction, maintenance, or operation of the completed interstate or other major freeway, poles may be located withing five feet (5’) of the right of way line.&lt;br /&gt;
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Underground utility facilities are expected to be buried within the utility corridor of sight distance triangles (SDTs) at roadway intersections unless granted a variance. Overhead utility facilities may be allowed to span intersecting roadways with SDTs provided the poles, or supports, are located outside the SDT.&lt;br /&gt;
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=====643.1.3.1.1.4 Sanitary Sewers within the Right of Way of Interstates or Other Major Freeways/Expressways=====&lt;br /&gt;
New installations of sanitary sewers should follow the applicable guidelines for either underground crossings or parallel installations as appropriate. Existing gravity trunk sanitary sewers should be considered individually and removed or left in place contingent upon its age, condition, feasibility of moving, and maintenance access. Encasement of existing trunk sewers left in place may be required for questionable condition, protection during construction, or heavy fills.&lt;br /&gt;
&lt;br /&gt;
Manholes should be relocated to the right of way lines or adjacent to an outer roadway.&lt;br /&gt;
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===643.1.3.2 Major Routes===&lt;br /&gt;
For structures carrying or over major routes, see [[#643.1.5_Bridge_Attachment_Policy|EPG 643.1.5]].&lt;br /&gt;
&lt;br /&gt;
====643.1.3.2.1 Major Routes with Partially Controlled Access Right of Way====&lt;br /&gt;
The installation of all utility facilities on highways with partially controlled access right of way are to be installed, serviced, and maintained without entering or leaving the roadway and ramps except at points approved by MoDOT for that purpose and without parking any equipment or storing materials upon the medians, roadway and ramps, or shoulders of the roadways. Cutting or damaging the pavement or paved shoulders is not permitted. Equipment or materials stored within the right of way must be protected by longitudinal barrier or be located outside the clear zone. New service connections to existing parallel utility facilities are to be permitted only where granted by the Commission.&lt;br /&gt;
&lt;br /&gt;
No utility facilities will be permitted within the interchange limits of an interchange between fully limited access highways where planned or existing. Utility facilities within the interchange limits of an interchange with a non-access controlled highway will be permitted only along the minor road, provided that all construction, service, and maintenance can be performed from the minor road. Manholes and poles must be located beyond the ramp termini.&lt;br /&gt;
&lt;br /&gt;
====643.1.3.2.2 Major Routes with Normal Access Right of Way====&lt;br /&gt;
All new utility facilities will be installed and maintained without cutting or damaging the pavement or paved shoulders except in the event underlying rock formations or other obstructions are encountered that prevent boring or pushing operations. A variance may be granted for pavement cuts when the need is established. Pavement cuts may only be made by permits issued when it is impractical to otherwise service and maintain the facility. The installation of all utility facilities is to be installed without parking any equipment or storing materials upon the medians, roadway and ramps, or shoulders of the roadways. Equipment or materials stored within the right of way must be protected by longitudinal barrier or be located outside the clear zone.&lt;br /&gt;
&lt;br /&gt;
====643.1.3.2.3 Utility Facilities Crossing Major Routes====&lt;br /&gt;
=====643.1.3.2.3.1 Overhead Crossings of Major Routes=====&lt;br /&gt;
Supports for utility facilities crossing overhead should be located as near the right of way line as possible. For major routes with controlled access right of way, new overhead service crossings may be permitted in isolated cases for residential or commercial establishments where the denial of such crossings would require the construction of more than 1,200 feet (1,200’) of utility line to provide the same service. For major routes with normal access right of way, there is no restriction on the placement of service crossings.&lt;br /&gt;
&lt;br /&gt;
=====643.1.3.2.3.2 Underground Crossings of Major Routes=====&lt;br /&gt;
Underground crossings of utility facilities are to be continuously encased under the pavement, medians, ramps, and shoulders with the casing extending to the toe of the fill slopes or to the ditch line. In curbed sections, encasement should extend outside the outer curb of the roadways a distance equal to the depth of the encasement at the curb line. Where installed by open trench through unpaved areas, detector tape should be placed approximately one foot (1&#039;) above the encasement. Where a major route has a parallel outer roadway, encasement should be continuous under all roadways within the right of way.&lt;br /&gt;
&lt;br /&gt;
Manholes or vent pipes are to be located at the right of way line or adjacent to the outer roadway.&lt;br /&gt;
&lt;br /&gt;
For fiber optic cable, encasement should extend from within six feet (6&#039;) of one right of way line to within six feet (6&#039;) of the other right of way line.&lt;br /&gt;
&lt;br /&gt;
Exceptions may be made for encasement as listed in [[#643.1.4.2_Exceptions_to_Encasement|EPG 643.1.4.2]].&lt;br /&gt;
&lt;br /&gt;
====643.1.3.2.4 Parallel Installations along Major Routes====&lt;br /&gt;
New parallel installations on the right of way may be permitted provided that poles are within two feet (2&#039;) of the normal right of way line and underground utility facilities are within the utility corridor. Existing overhead or underground utility facilities that parallel an existing roadway which will be incorporated into a completed highway may remain in place if all maintenance and service can be performed without entering or leaving the roadway except at approved access points; without parking equipment or storing materials on the median, pavement, ramps, or shoulders; and the existing location does not interfere with construction, maintenance, or operation of the completed highway. If an existing parallel utility facility needs to be relocated so as to not interfere with the construction, maintenance, or operation of the completed highway, poles may be located withing five feet (5’) of the right of way line.&lt;br /&gt;
&lt;br /&gt;
Existing steel pipe transmission and distribution facilities for gaseous petroleum products that parallel an existing roadway that will be incorporated into the completed roadway may be left in place subject to an agreement by the utility owner that maintenance or service and facility expansion will be performed without cutting or damaging the pavement or interfering with the construction, maintenance, and operation of the highway and provided that the facility is cathodically protected against corrosion and meets the applicable material requirements.&lt;br /&gt;
&lt;br /&gt;
Underground utility facilities are expected to be buried within the utility corridor of sight distance triangles (SDTs) at roadway intersections unless granted a variance. Overhead utility facilities may be allowed to span intersecting roadways with SDTs provided the poles, or supports, are located outside the SDT.&lt;br /&gt;
&lt;br /&gt;
====643.1.3.2.5 Sanitary Sewers within the Right of Way of Major Routes====&lt;br /&gt;
New installations of sanitary sewers should follow the applicable guidelines for either underground crossings or parallel installations as appropriate. An existing gravity trunk sanitary sewer should be considered individually and removed or left in place contingent upon its age, condition, feasibility of moving, and maintenance access. If an existing parallel gravity main is left in place within the limits of the paved surface, paved shoulder lines, or curb lines, stub mains as required will be laid between the sewer main and curb or shoulder lines for future service connections in each block. Manholes should be relocated outside the traveled roadway as near the right of way line as practical.&lt;br /&gt;
&lt;br /&gt;
===643.1.3.3 Minor Routes===&lt;br /&gt;
For structures carrying or over minor routes, see [[#643.1.5_Bridge_Attachment_Policy|EPG 643.1.5]].&lt;br /&gt;
&lt;br /&gt;
====643.1.3.3.1 Utility Facilities Crossing Minor Routes====&lt;br /&gt;
=====643.1.3.3.1.1 Overhead Crossings of Minor Routes=====&lt;br /&gt;
Existing overhead crossings that interfere with construction, maintenance, or operation should be relocated with their supports as near the right of way line as is practical. New overhead crossing installations should be located with their supports as near the right of way line as is practical.&lt;br /&gt;
&lt;br /&gt;
=====643.1.3.3.1.2 Underground Crossings of Minor Routes=====&lt;br /&gt;
All new utility facilities should be installed and maintained without cutting or damaging the pavement or paved shoulders. A variance may be granted for pavement cuts when servicing and maintaining the facility by any other methods is impractical. Pavement cuts may only be made by permits issued. Underground crossings of utility facilities are to be continuously encased under the pavement, medians, ramps, and shoulders with the casing extending to the toe of the fill slopes or to the ditch line. In curbed sections, encasement should extend outside the outer curb of the roadways a distance equal to the depth of the encasement at the curb line. Where installed by open trench through unpaved areas, detector tape should be placed approximately one foot (1&#039;) above the encasement.&lt;br /&gt;
&lt;br /&gt;
Manholes or vent pipes are to be located at the right of way line or adjacent to the outer roadway.&lt;br /&gt;
&lt;br /&gt;
For fiber optic cable, encasement should extend from within six feet (6&#039;) of one right of way line to within six feet (6&#039;) of the other right of way line.&lt;br /&gt;
&lt;br /&gt;
Exceptions may be made for encasement as listed in [[#643.1.4.2_Exceptions_to_Encasement|EPG 643.1.4.2]].&lt;br /&gt;
&lt;br /&gt;
====643.1.3.3.2 Parallel Installations along Minor Routes====&lt;br /&gt;
New parallel installations on the right of way may be permitted provided that poles are within two feet (2&#039;) of the normal right of way line and underground utility facilities are within the utility corridor. Existing overhead or underground utility facilities that parallel an existing roadway which will be incorporated into a completed highway may remain in place if all maintenance and service can be performed without entering or leaving the roadway except at approved access points; without parking equipment or storing materials on the median, pavement, ramps, or shoulders; and the existing location does not interfere with construction, maintenance, or operation of the completed highway. If an existing parallel utility facility needs to be relocated so as to not interfere with the construction, maintenance, or operation of the completed highway, poles may be located within five feet (5’) of the right of way line.&lt;br /&gt;
&lt;br /&gt;
Underground utility facilities are expected to be buried within the utility corridor of sight distance triangles (SDTs) at roadway intersections unless granted a variance. Overhead utility facilities may be allowed to span intersecting roadways with SDTs provided the poles, or supports, are located outside the SDT.&lt;br /&gt;
&lt;br /&gt;
====643.1.3.3.3 Sanitary Sewers within the Right of Way of Minor Routes====&lt;br /&gt;
New installations of sanitary sewers should follow the applicable guidelines for either underground crossings or parallel installations as appropriate. An existing gravity trunk sanitary sewer should be considered individually and removed or left in place contingent upon its age, condition, feasibility of moving, and maintenance access. If an existing parallel gravity main is left in place within the limits of the paved surface, paved shoulder lines, or curb lines, stub mains as required will be laid between the sewer main and curb or shoulder lines for future service connections in each block. Manholes should be relocated outside the traveled roadway.&lt;br /&gt;
&lt;br /&gt;
===643.1.3.4 Roundabouts===&lt;br /&gt;
Regardless of roadway type, it is desirable to avoid locating utility facilities and their access points within the circulatory roadway. If possible, utility facilities are located in the legs of the roundabout to allow for future maintenance and access at an isolated leg versus affecting the entire roundabout. See [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_5_TypicalLocationofUtilityFacilitiesnearRoundabouts_AOD.pdf EPG Figure 643.1.5] for an example.&lt;br /&gt;
&lt;br /&gt;
===643.1.3.5 Utility Facilities in Scenic Enhancement Areas===&lt;br /&gt;
All existing utility facilities within the limits of a scenic enhancement area requiring adjustment because of construction or reconstruction will be placed underground or relocated beyond the limits of the scenic enhancement area. No new above ground facilities will be permitted. New underground facilities will be permitted provided they do not extensively alter or impair the appearance of the area.&lt;br /&gt;
&lt;br /&gt;
==643.1.4 Installation of Utility Facilities==&lt;br /&gt;
The following sections provide information on the physical installation of utility facilities within highway right of way.&lt;br /&gt;
&lt;br /&gt;
===643.1.4.1 Minimum Cover for Underground Facilities===&lt;br /&gt;
The minimum cover for new underground utilities is:&lt;br /&gt;
* Forty-two inches (42”) for all water lines (parallel and crossings).&lt;br /&gt;
* Forty-two inches (42”) for fiber optic cable (crossings encased in rigid conduit).&lt;br /&gt;
* Seventy-two inches (72”) for fiber optic cable (crossings encased in polyethylene (PE) pipe).&lt;br /&gt;
* Thirty inches (30”) for direct burial and in trench fiber optic cable (parallel).&lt;br /&gt;
* Twenty-four inches (24”) for all other direct burial copper or coaxial cable, (parallel).&lt;br /&gt;
* Seventy-two inches (72”) for uncased polyethylene (PE) gas pipe crossings under ditches and roadways but thirty inches (30”) elsewhere.&lt;br /&gt;
* Thirty inches (30”) for all other (such as, but not limited to, gravity sewers, forced sewers, and electric) underground utilities (both parallel and crossing).&lt;br /&gt;
&lt;br /&gt;
===643.1.4.2 Exceptions to Encasement===&lt;br /&gt;
Exceptions may be made for encasement as follows:&lt;br /&gt;
* Non-fiber communication or electric cables installed in ducts.&lt;br /&gt;
* Welded steel pipelines carrying gaseous or liquid petroleum products - provided they are cathodically protected against corrosion, triple-coated in accordance with accepted pipeline construction standards, and meet applicable material requirements.&lt;br /&gt;
* Natural gas distribution pipe (nominal six-inch (6”) diameter maximum) of polyethylene (PE) plastic, traceable, installed by a horizontal bore method at a minimum depth of seventy-two inches (72”) under ditches and roadways, constructed in accordance with and meeting applicable material requirements.&lt;br /&gt;
* Gas service connections protected and constructed in accordance with and meeting applicable material requirements.&lt;br /&gt;
* Encasement is not required for new trunk sanitary sewer crossings of vitrified clay, reinforced concrete or cast iron except when installation procedures would produce voids in the roadbed, heavy fills, or installations under pressure.&lt;br /&gt;
&lt;br /&gt;
===643.1.4.3 Above Ground or Ground Level Appurtenances===&lt;br /&gt;
Appurtenances protruding more than four inches (4”) above the ground line should be located outside the clear zone. If no feasible alternative exists and if permitted by a variance, appurtenances may be allowed within the clear zone if they meet breakaway criteria or will be shielded by a traffic barrier. Good design practice will provide that appurtenances be located at right of way jogs, along intersecting road right of way, or at other similar acceptable locations, so that encroachment is held to an absolute minimum. Cables, wires, small diameter pipes, and other such utility appurtenances extending from the surface of the ground should be equipped with covers or guards to improve their visibility. Appurtenances within sidewalks or street level pedestrian access routes are to be in conformance with the Americans with Disabilities Act requirements.&lt;br /&gt;
&lt;br /&gt;
The maximum pull box width perpendicular to the right of way line within the utility corridor is thirty inches (30”).&lt;br /&gt;
&lt;br /&gt;
===643.1.4.4 Overhead Utility Facilities===&lt;br /&gt;
The vertical clearance of new or existing overhead installations will not be less than the current minimum requirements of the National Electric Safety Code, but in no case less than eighteen feet (18’) inclusive of sag above the groundline for electrical facilities. Clearance may be reduced for overhead installations of cable, telephone, or fiber optic facilities.&lt;br /&gt;
A minimum radial clearance of twenty-five feet (25’) is provided from any utility facility to the nearest part of any bridge structure. A minimum radial clearance of ten feet (10’) is provided from the nearest charged electrical line to a MoDOT signal, lighting, ITS, or overhead sign structure.&lt;br /&gt;
&lt;br /&gt;
===643.1.4.5 Approved Materials===&lt;br /&gt;
Utility owners are allowed to use any material for underground utility facilities including carrier and encasement provided they accept responsibility for any future repairs and/or replacement of damaged MoDOT facilities should a failure occur. This will allow the use of current technology and procedures to provide the best value to its subscribers and the taxpayers of Missouri. For materials that MoDOT also uses in its highway system, utility owners must provide materials that meet the current [https://www.modot.org/missouri-standard-specifications-highway-construction Missouri Standard Specifications for Highway Construction]. For materials not listed in the Missouri Standard Specifications for Highway Construction, the utility owner should provide documentation of the standards used to determine suitability of the material.&lt;br /&gt;
&lt;br /&gt;
===643.1.4.6 Cutting===&lt;br /&gt;
In the event permission is granted to cut an existing concrete or asphalt pavement or sidewalk, the appropriate provisions below should be followed.&lt;br /&gt;
&lt;br /&gt;
====643.1.4.6.1 Pavement====&lt;br /&gt;
All pavement cuts should be made with a saw to the full depth of the pavement. The width of the cut is typically determined by the width of the trench plus a minimum one foot (1’) on each side of the trench. In the event the distance to any adjacent longitudinal or transverse joint or crack is less than four feet (4’), the pavement must be removed to the joint or crack. Cuts for perpendicular service tie-ins should be a minimum of three feet (3’) wide. Longitudinal main installations are typically cut at a minimum of half the lane width, but in no instance should the cut be along the wheel path of the lane.&lt;br /&gt;
[[File:fig_643.1.6-06_2026.jpg|800px|none|thumb|Figure 643.1.6 Pavement Repair Dimension Requirements.]]&lt;br /&gt;
&lt;br /&gt;
The utility facilities should be placed in a location with the least impact to the roadway. Typically, this leads to placement in the shoulder when available followed by the two-way left turn lane (TWLTL), and then outside lanes before allowing placement in interior through lanes. Lane switching should be kept to a minimum and should not be used to minimize repair sizes. Cuts for mains or service leads that may not be perpendicular to the roadway should be squared-off.&lt;br /&gt;
&lt;br /&gt;
Replacement of cut pavement should be full depth concrete in accordance with the current version at the time of installation of Section 613.10 Full Depth Pavement Repairs of the Missouri Standard Specifications for Highway Construction and the Missouri Standard Plans for Highway Construction. If the area of the pavement repair is not to be fully resurfaced all joints including the overcut from the sawing operation should be filled with an expansive mortar, epoxy, polyester, or joint material as approved by the Engineer in accordance with Section 1057 of the Missouri Standard Specifications for Highway Construction.&lt;br /&gt;
&lt;br /&gt;
====643.1.4.6.2 Pedestrian Access Routes====&lt;br /&gt;
All cuts in the pedestrian access routes whether asphalt or concrete should be made by saw and be the full depth of the material. Entire slabs of concrete sidewalk should be removed. Repair of the pedestrian access route must meet Americans with Disability Act requirements, see [[:Category:642_Pedestrian_Facilities|EPG 642]]. Cuts through curb ramps or detectable warning areas are not permitted. Rather the entire curb ramp or detectable warning area must be removed and replaced. MoDOT district ADA contacts can help ensure ADA compliance of impacted pedestrian access routes.&lt;br /&gt;
&lt;br /&gt;
===643.1.4.7 Non-disturbance Areas===&lt;br /&gt;
MoDOT has certain areas of right of way where mowing, spraying, digging, or other vegetation disturbance activities are restricted. These areas have been established to mitigate the environmental impacts of a previous project and should be avoided. If the areas cannot be avoided, contact MoDOT’s Environmental Section.&lt;br /&gt;
&lt;br /&gt;
==643.1.5 Bridge Attachment Policy==&lt;br /&gt;
No utility facility will be permitted in or on a structure carrying an interstate or other freeway unless it is part of a federal requirement or for MoDOT’s use. When the structure carries any other road type and no other practical means exists for the crossing, wires (communication, electrical, fiber, or metal) will be permitted. Electrical lines must be located to cause minimum exposure to MoDOT maintenance personnel and the public. Pressurized pipelines for gas or other petroleum products and water and all sewer lines are prohibited on all structures due to the risks associated with their failure.&lt;br /&gt;
&lt;br /&gt;
===643.1.5.1 Agreement===&lt;br /&gt;
An agreement is required for all utility facilities attached to any structure. A charge will be made for the increased maintenance costs involved. This fee is set by the Bridge Division. When permitted, a 50-year occupational agreement is executed with the utility owner. Agreement BR04 Utility Attachment Agreement is used when an attachment is added to a bridge during its construction. Agreement BR09 Bridge Attachment Agreement is used when an attachment is added to an existing bridge.&lt;br /&gt;
&lt;br /&gt;
===643.1.5.2 Requests===&lt;br /&gt;
Requests to attach facilities to structures is a multi-step process. Bridge Division is responsible for approval of the bridge attachment. If at any point in the process, Bridge Division determines the attachment to be unacceptable, a reason is to be provided.&lt;br /&gt;
&lt;br /&gt;
To start, the utility owner submits a conceptual request to the district utilities staff. The conceptual request consists of an explanation of the proposal; a general location sketch (i.e., which side of the bridge); and details on the facility, length, and weight per foot when full. The district utilities staff should work with all relevant district personnel including the District Bridge Engineer in reviewing and recommending the attachment. The district utilities staff will submit the recommended details to the Bridge Division to determine the applicable costs including future maintenance costs and for attachments to new bridges, design and construction. Once the Bridge Division has determined the cost, the district utilities staff shares the cost with the utility owner for their concurrence with furthering the process. For new bridges, if the utility owner concurs with the costs, the district utility staff will prepare the BR04 Agreement for execution by the utility owner and the Commission. MoDOT will be responsible for the design and construction of attachments to new bridges. For existing bridges, the district utilities staff will forward the applicable as-built bridge plans to the utility owner for its use in designing the bridge attachment. The utility owner will provide detailed design drawings, signed and sealed by a professional engineer in the State of Missouri, to the district utilities staff for review. The district utilities staff should work with all relevant district personnel, including the District Bridge Engineer, in reviewing and recommending the details of the attachment to the Bridge Division. Once Bridge Division approves, the Bridge Division will prepare the BR09 Agreement for execution by the utility owner and the Commission. The utility owner is responsible for the construction of attachments to existing bridges. A flow chart, [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_7_BridgeAttachementProcess_AOD.pdf EPG Figure 643.1.7], of the process is available.&lt;br /&gt;
&lt;br /&gt;
Payment from the utility owner for the attachment will be sent to Financial Services by district utilities staff. For BR04 agreements, district utilities staff should discuss with Financial Services how to get the payment credited to the project constructing the attachment. For BR09 agreements, district utilities staff should copy Bridge Division on correspondence with Financial Serves. Checks should be made payable to Director of Revenue, Credit State Road Fund.&lt;br /&gt;
&lt;br /&gt;
For requests from government entities such as cities, counties, and other municipalities, the requested information should be submitted to Bridge Division as described above. However, the district utilities staff will take the lead in preparing the DE10 County Agreement or DE11 Municipal Agreement, as applicable, with input from Bridge Division and Bridge Maintenance. All fees are waived for government entities.&lt;br /&gt;
&lt;br /&gt;
===643.1.5.3 Considerations===&lt;br /&gt;
The following considerations are made in determining the acceptability of a bridge attachment. Unique situations will be discussed with the Bridge Division as required.&lt;br /&gt;
&lt;br /&gt;
====643.1.5.3.1 Bridge Asset Management Program====&lt;br /&gt;
Requests for bridge attachments should be reviewed for consistency with the district’s upcoming bridge asset management program needs. If a structure is due for rehabilitation or replacement in the near future, information should be provided to the utility owner indicating existing remaining life of the bridge. In some instances, it may be in MoDOT’s best interest to deny the request for attachment outright. In some instances, the utility owner may still choose to pursue the short-term attachment to the existing structure. In almost all cases, the utility owner is responsible for the cost of removing and/or relocating their utility facilities for a necessary repair, widening, improvement or reconstruction of the structure. Review existing agreements for cost responsibility for current attachments.&lt;br /&gt;
&lt;br /&gt;
====643.1.5.3.2 Aesthetics====&lt;br /&gt;
In reviewing a request for a bridge attachment, how the structure is viewed by the public will be considered. For example, is the structure over a scenic stream that is extensively used by canoeists, or does the structure span a road that may provide access to a park, campgrounds, or boat launching facilities? Is the structure a grade separation where the motoring public will see the attachment before they pass under it?&lt;br /&gt;
&lt;br /&gt;
====643.1.5.3.3 Method of Attachment====&lt;br /&gt;
In order to maintain structural integrity of any structures the following requirements will apply for attachments.&lt;br /&gt;
&lt;br /&gt;
=====643.1.5.3.3.1 Welding=====&lt;br /&gt;
Welding of hardware to structural steel members (i.e., flanges, webs, stiffeners, and diaphragms) whether in tension or compression is not permitted.&lt;br /&gt;
&lt;br /&gt;
=====643.1.5.3.3.2 Drilling=====&lt;br /&gt;
Drilling holes in any structural steel member is not permitted. Drilling holes for anchors into any prestressed concrete member is not permitted. Although permitted, drilling holes for anchors into the underside of bridge decks must be done with caution. It is recommended all anchors be installed to miss deck reinforcing steel. Generally, drilling into decks will not be allowed where sonotubes were used (voided slab bridges). The depth of the holes should be such that breaking out of the concrete on the top side of the deck does not occur.&lt;br /&gt;
&lt;br /&gt;
=====643.1.5.3.3.3 Corrosion=====&lt;br /&gt;
Attachment hardware will be new, properly coated to prevent corrosion or be of a non-corrosive material, and be designed to support the facility.&lt;br /&gt;
&lt;br /&gt;
====643.1.5.3.4 Location====&lt;br /&gt;
In general, attachments are made on the underneath side of the bridge deck. The condition of the bridge deck will dictate the location of the attachment supports. An exception may be attachments to trusses or other overhead structures.&lt;br /&gt;
&lt;br /&gt;
Attachments that may require manholes in bridge decks are not allowed.&lt;br /&gt;
&lt;br /&gt;
When attachments are required to structures over streams that may carry large drifts, they must be attached to the downstream side of the structure and above the lowest superstructure element. It is preferred to locate the attachment on the outside of the exterior girder. If aesthetics are a concern, a better appearance can be achieved by having the attachment made to the inside of the exterior girder and above the bottom of the lower flange to hide the conduit and the attaching hardware.&lt;br /&gt;
&lt;br /&gt;
Placement of utilities must not prevent the removal of old paint, the application of new paint on superstructure steel, or cause debris buildup, which could cause structural deterioration.&lt;br /&gt;
&lt;br /&gt;
====643.1.5.3.5 Construction and Maintenance====&lt;br /&gt;
If the attachment cannot be built while maintaining one (1) lane of traffic on the structure, it will not be allowed.&lt;br /&gt;
&lt;br /&gt;
Construction procedures that severely impact traffic may factor into the allowable location of the attachment on the structure.&lt;br /&gt;
&lt;br /&gt;
When scaffolding is to be attached or supported by bridge rails, bridge superstructure, or bridge substructure, the procedures for construction of the attachment must be reviewed.&lt;br /&gt;
&lt;br /&gt;
The utility owner or local entity will pay for, or be responsible for, the painting of the attachment, if necessary, when the bridge requires painting.&lt;br /&gt;
&lt;br /&gt;
==643.1.6 Private Lines==&lt;br /&gt;
Private lines are permitted to cross the right of way of a highway in the same manner as outlined for all utility facilities in above sections of this article. Parallel installations along the right of way of a highway are not permitted. Special conditions at a specific location that make adherence to this policy impractical will be submitted to the Chief Engineer for consideration of an acceptable alternative. In certain situations, it may be necessary to obtain approval from the Federal Highway Administration (FHWA) before approval to use the alternative can be given to the private utility owner.&lt;br /&gt;
&lt;br /&gt;
==643.1.7 Water and Sewer Separations==&lt;br /&gt;
The Missouri Department of Natural Resources (MoDNR) Safe Drinking Water Commission via 10 CSR 60-10 and Clean Water Commission via 10 CSR 20-8 govern the design of water and sewer lines in the vicinity of one another. Basic criteria are outlined below for information, and details are contained within the regulations. MoDOT is not responsible for providing or acquiring adequate right of way for utility owners to comply with MoDNR requirements.&lt;br /&gt;
&lt;br /&gt;
===643.1.7.1 Water and Sewer Separations===&lt;br /&gt;
====643.1.7.1.1 Horizontal====&lt;br /&gt;
Sanitary and storm sewers are to be laid at least ten feet (10’) horizontally measured from outside edge to outside edge from any existing or proposed water main. In cases where it is not practical to maintain ten feet (10’) of separation, installation of the water main closer to the sewer is acceptable where the water main is installed in a separate trench or on an undisturbed earth shelf located on one (1) side of the sewer at an elevation so the bottom of the water main is at least eighteen inches (18”) above the top of the sewer.&lt;br /&gt;
&lt;br /&gt;
===643.1.7.2 Crossings===&lt;br /&gt;
Water mains are to be laid to provide a minimum vertical distance of eighteen inches (18”) vertically measured outside edge to edge from sanitary or storm sewers. This is the case whether the water main is above or below the sewer. One (1) full length of water pipe must be located so both joints will be as far from the sanitary or storm sewer line as possible. Special structural support for the water main or sanitary or sewer main may be required.&lt;br /&gt;
&lt;br /&gt;
===643.1.7.3 Exception===&lt;br /&gt;
When it is impossible to obtain proper horizontal and vertical separation as stipulated, the sewer will be designed and constructed equal to water pipe and will be pressure-tested to assure it is watertight prior to backfilling.&lt;br /&gt;
&lt;br /&gt;
===643.1.7.4 Water Supply Interconnections===&lt;br /&gt;
No physical connection is permitted between a public or private potable water supply system and any sanitary or storm sewer or appurtenance that would permit the passage of any sewage or polluted water into the water supply. No water pipe is permitted to pass through or come in contact with any part of a sanitary sewer manhole.&lt;br /&gt;
&lt;br /&gt;
===643.1.7.5 Water Works Structures===&lt;br /&gt;
Sewers are not permitted to be installed within fifty feet (50’) in any direction from any existing or proposed public water supply well or other water supply sources or structures.&lt;br /&gt;
&lt;br /&gt;
==643.1.8 Variances==&lt;br /&gt;
Occasionally, it is impractical to locate a utility facility in accordance with requirements outlined in this article. MoDOT may consider a utility owner’s request for a variance from these requirements on a case-by-case basis. The utility owner should complete a [https://epg.modot.org/forms/general_files/DE/UtilityVarianceApprovalForm.docx Utility Variance Approval Form] to be submitted to MoDOT for consideration. Variances on the Interstate System require approval of the Federal Highway Administration (FHWA). A flow chart, [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_8_VarianceApprovalProcess.pdf EPG Figure 643.1.8], of the variance process is available.&lt;br /&gt;
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A variance will not be permitted just for the convenience of the utility owner. The utility owner requesting a variance must provide all necessary information to properly evaluate if a variance should be approved. For example, a utility owner requesting a variance because “the utility corridor is full” must explore all reasonable options. It is suggested that the requestor pothole the existing utility corridor to confirm the location of existing utility facilities and provide that data to support the need to locate outside of the utility corridor due to its congestion.&lt;br /&gt;
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===643.1.8.1 Variance Process===&lt;br /&gt;
Any utility owner of a public utility facility may apply for a variance. The process for requesting a variance is as follows:&lt;br /&gt;
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====643.1.8.1.1 Submittal Requirements====&lt;br /&gt;
Utility owners submit to the district utilities staff a written request for a variance using the [https://epg.modot.org/forms/general_files/DE/UtilityVarianceApprovalForm.docx Utility Variance Approval Form]. The utility owner must clearly show the provision(s) or guideline(s) for which the variance is being requested; the condition(s) which the utility owner believes warrant(s) the granting of a variance; a thorough explanation of the reason(s) for the requested variance, including sufficient and appropriate documentation of safety, aesthetic, or constructability constraints that would be adverse to the function, access, or maintenance of the utility facility and not in the best interest of the public.&lt;br /&gt;
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====643.1.8.1.2 MoDOT Consideration of Variance Request====&lt;br /&gt;
The utility owner bears full responsibility for demonstrating to MoDOT’s satisfaction that the variance is the most appropriate way to serve the public interest. MoDOT may present to the utility owner and the utility owner must consider reasonable alternatives to the variance requested by the utility owner. In determining whether to grant a variance, district utilities staff will consider all relevant factors including, but not limited to: the requested variance is reasonably necessary for the convenience, safety, health, and/or welfare of the public; there is an exceptional or undue burden or hardship on the specific applicant; a physical impracticability that would result from the applicant’s adherence to the normal location requirements; and the requested variance will not impair the safe construction, maintenance, operation, and safety of public travel on the highway. District utilities staff may consult with the Design Liaison Engineer in evaluating variances.&lt;br /&gt;
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====643.1.8.1.3 Approval of Variances====&lt;br /&gt;
Once district utilities staff have agreed to accept a variance proposed by the utility owner, the [https://epg.modot.org/forms/general_files/DE/UtilityVarianceApprovalForm.docx Utility Variance Approval Form] and all supporting documentation is sent to the District Design Engineer (DDE) for approval. If a variance is on interstate right of way, the DDE-signed Variance Request Form and all supporting documentation is forwarded to the Design Liaison Engineer who will forward to FHWA for their concurrence.&lt;br /&gt;
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====643.1.8.1.4 Variance Appeal Informal Hearing====&lt;br /&gt;
If denied a variance, the utility owner has thirty (30) calendar days to request an informal hearing for the purpose of appealing the denial. Requests must be made in writing to the State Design Engineer, Missouri Department of Transportation, P.O. Box 270, Jefferson City, MO 65102. If the utility owner requests an informal hearing, MoDOT’s authorized representative will advise the applicant of the time, date, and place of the hearing. The hearing is not a contested case under RSMo 536. The rules of evidence will not apply at the hearing, and MoDOT’s decision after the conduct of the hearing is not subject to further appeal.&lt;br /&gt;
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==643.1.9 Excess Right of Way==&lt;br /&gt;
Prior to conveyance of excess right of way, the status of utility facilities within said parcel must be addressed. See [[236.5_Property_Management#236.5.12_Excess_Land_Conveyances_&amp;amp;_Relinquishments_–_Regulated_Utilities|EPG 236.5.12]].&lt;br /&gt;
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==643.1.10 Broadband==&lt;br /&gt;
Broadband development in the state of Missouri is handled by the Department of Economic Development (DED). MoDOT shares its approved Statewide Transportation Improvement Program (STIP) project list with DED. All MoDOT policies related to placement of utility facilities within Commission right of way as outlined in this EPG article 643.1 are to be followed.&lt;br /&gt;
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&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643.2 Utilities in Program Delivery &#039;&#039;PAGE TITLE&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt; &lt;br /&gt;
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==643.2.1 Introduction==&lt;br /&gt;
Improvements to the highway system often require negotiation between the Commission and a city, a county, or a public or private utility owner. The Commission’s district utilities staff is responsible for coordination of highway improvement projects with the utility owner’s representative. The impact to a utility, the responsibility for the cost of adjustments necessary to allow highway construction, the plan of adjustment of the utility, the responsibility of performance of work on utility facilities, and the schedule of the utility adjustment are all items that vary depending on the project and should be investigated and negotiated to ensure highway improvement projects are delivered on-time and on-budget. These should comply with Commission policy. A flowchart [link here] outlining all the utility adjustment processes (reimbursable and non-reimbursable relocations, Master Reimbursable Utility Agreements and Project Specific Agreements, etc.) are available in the list of figures at the top of the page. These processes will not always be in combination, but each should be considered with each project.&lt;br /&gt;
&lt;br /&gt;
The district utilities staff, in conjunction with the Transportation Project Manager (TPM), is expected to invite and encourage participation of utility owner representatives in MoDOT project meetings as needed.&lt;br /&gt;
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When a project involves utility adjustments for which the Commission is responsible for costs, the TPM should program the costs of the utility adjustments as non-contractual construction costs in the STIP Information Management System (SIMS).&lt;br /&gt;
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==643.2.2 Annual Utility Meeting==&lt;br /&gt;
Each district should hold an annual meeting with utilities to discuss current STIP projects in the district. The annual meeting should be held during each year&#039;s STIP preparations, ideally between January and May. All utility owners that have utility facilities in the district should be invited. The intent is to provide the utility owners with an idea of upcoming projects to allow them the opportunity to plan and budget for potential adjustments of their utility facilities, identify both MoDOT and utility roadblocks, and develop action plans to complete utility adjustments better, faster, and cheaper.&lt;br /&gt;
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==643.2.3 Determination of Existing Utilities==&lt;br /&gt;
District utilities staff should determine the appropriate level of effort needed to accurately identify existing utilities within the footprint of a proposed highway construction project. Aboveground utilities are easily identifiable via field checks; however, determination of the precise location of underground utilities can be more challenging and time consuming. Therefore, the district utilities staff should balance the risk of conflict with the highway construction project against the level of effort needed to determine the location.&lt;br /&gt;
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The level of effort on mapping utilities is dependent on the scope of the project and the potential for utilities having an impact on the construction of the project. The project schedule should include the time to complete this task accurately. The time and effort necessary for having accurate locates requires close interaction with the utility locators. Early contact with utility owner representatives may be necessary to accurately locate underground utility facilities.&lt;br /&gt;
&lt;br /&gt;
Various methods of determining existing underground utilities result in different levels of quality. ASCE Standard 38 Standard Guidance for Investigating and Documenting Existing Utilities classifies four levels of quality:&lt;br /&gt;
:1. Quality Level D: QL-D is the most basic level of information for utility locations. It comes solely from existing utility records or verbal recollections, both typically unreliable sources. It may provide an overall &amp;quot;feel&amp;quot; for the congestion of utilities but is often highly limited in terms of comprehensiveness and accuracy. QL-D is useful primarily for project planning and route selection activities.&amp;lt;br&amp;gt;&lt;br /&gt;
: Missouri 811 or “private-locate” markings are to be considered to be QL-D.&lt;br /&gt;
:2. Quality Level C: QL-C is probably the most used level of information. It involves surveying visible utility facilities (e.g., manholes, valve boxes, etc.) and correlating this information with existing utility records (QL-D information). When using this information, it is not unusual to find that many underground utilities have been either omitted or erroneously plotted. Therefore, its usefulness is primarily on rural projects where utilities are not prevalent or are not too expensive to repair or relocate.&lt;br /&gt;
:3. Quality Level B: QL-B involves the application of appropriate surface geophysical methods to determine the existence and horizontal position of virtually all utilities within the project limits. This activity is called &amp;quot;designating&amp;quot;. The information obtained in this manner is surveyed to project control. It addresses problems caused by inaccurate utility records, abandoned or unrecorded utility facilities, and lost references. The proper selection and application of surface geophysical techniques for achieving QL-B data is critical. Information provided by QL-B can enable the accomplishment of preliminary engineering goals. Decisions regarding location of storm drainage systems, footers, foundations, and other design features can be made to avoid conflicts with existing utilities. Slight adjustments in design can produce substantial cost savings by eliminating utility relocations.&lt;br /&gt;
:4. Quality Level A: QL-A, also known as &amp;quot;locating or potholing&amp;quot;, is the highest level of accuracy presently available and involves the full use of the subsurface utility engineering services. It provides information for the precise plan and profile mapping of underground utilities through the nondestructive exposure of underground utilities, and provides the type, size, condition, material, and other characteristics of underground features.&lt;br /&gt;
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For projects with scopes that have potential for utility conflicts, the minimum level of effort required is SUE Quality Level D. Locations of existing utilities are determined by requesting locates through Missouri 811, also known as the “One-Call” process. Missouri 811 locating requests should be carefully considered for the scope of work of the project. When necessary, the location of existing utilities should be established by a field survey of locate markings and features and shown on the roadway plans. Higher level SUE Quality Levels can be used on any project. Adjustment cost savings, whether to the MoDOT or to the utility owner, are beneficial to the taxpayer. Good SUE projects are typically urban in nature, or in congested areas, where the project footprint is to be minimized, or anytime accurate vertical and horizontal location of the utility facility might allow a design to avoid the utility facility thus preventing the need for the adjustment. The SUE process combines civil engineering, surveying, and geophysics. It utilizes several technologies, including vacuum excavation and surface geophysics.&lt;br /&gt;
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When proposed excavation or installation of subsurface features (drainage, equipment bases, etc.) falls within three feet (3’) of a marked Missouri 811 line, soft digging (hand digging, potholing, vacuum methods, pressurized air/water jetting, pneumatic hand tools, etc.) is required to more exactly locate the utility facility both horizontally and vertically. Utility facilities present within the right of way by permit, should be investigated by the utility owner. Utility facilities that would be reimbursable or partially reimbursable as defined in EP 643.2.8 will be investigated by MoDOT.&lt;br /&gt;
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==643.2.4 Conflict Determination==&lt;br /&gt;
Determination of whether a conflict exists between an existing utility facility and a proposed highway improvement project should occur at the earliest possible stage of project development. A conflict may be the result of the physical interaction between the roadway infrastructure and utility facility, a reduction in cover or increase in fill over underground utilities, a reduction in horizontal clearance whether above or below ground, a reduction in overhead vertical clearance, paving over utilities, or restricting a utility owner’s access to its utility facilities. District utilities staff should work with utilities to determine if a conflict exists and the appropriate plan of adjustment to remedy the conflict. The adjustment to the utility may be a relocation or another measure that protects the utility or access to the utility from the proposed highway improvement project. Determination of a conflict needs to be continually re-evaluated as the project design progresses. Continuing coordination is essential.&lt;br /&gt;
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==643.2.5 Utility Plan of Adjustment==&lt;br /&gt;
===643.2.5.1 Request for Plan of Adjustment===&lt;br /&gt;
District utilities staff will request a plan of adjustment from utility owners whose utility facilities are in conflict with a proposed highway project. The plan of adjustment may consist of efforts to relocate the utility or otherwise protect a utility from the impacts of the proposed highway project. Utilities are shown on the roadway plan and profiles sheets that are furnished to utility owners for use in planning required utility adjustments. Any other sheets such as drainage, traffic signal, lighting, or ITS plans that show impacts to a utility facility should also be provided to the utility owners. All adjustments, reimbursable or not, require a plan of adjustment furnished by the utility owner.&lt;br /&gt;
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A transmittal letter is included in the request for a plan of adjustment. The letter informs the utility owner that regardless of whether an adjustment is reimbursable, no physical adjusting or relocating of their utility facilities to accommodate the proposed highway improvement is to be performed without specific approval and authorization. Additionally, if any part of the adjustment has the potential to be reimbursable, they are advised:&lt;br /&gt;
# They may undertake preliminary engineering by their own forces upon approval by district utilities staff of the estimated costs of preliminary engineering.&lt;br /&gt;
# They may employ a consultant to do the PE work provided they request and obtain prior approval. See [[#643.2.6_Preliminary_Engineering_Requirements|EPG 643.2.6 Preliminary Engineering Requirements]].&lt;br /&gt;
# Any preliminary engineering costs accrued prior to the date of written authorization to proceed will not qualify for reimbursement.&lt;br /&gt;
# Replacement right of way or easements cannot be purchased without specific approval and authorization.&lt;br /&gt;
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===643.2.5.2 Proposed Plan of Adjustment===&lt;br /&gt;
Developing a plan of adjustment is a multi-step process. The utility owner will propose a conceptual approach to adjusting the utility facilities to allow highway construction. This conceptual approach is used as the basis for determining cost responsibility, estimate of costs for preliminary engineering and construction, developing the agreement if necessary, and final design of the adjustment. Negotiations between district utility staff and the utility owner’s representative can result in changes to the design throughout the process.&lt;br /&gt;
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Final plans of adjustment must contain a legend on the first sheet identifying the utility symbols used. They must also show the existing utility facilities and their disposition, the location of the new or adjusted utility facilities, the existing and new right of way lines, the limited or fully controlled access symbols (where applicable), the existing and proposed roadways, ramps, and outer roadways and any other pertinent roadway information. They must contain sufficient details concerning location, elevation, compaction, clean up, etc. to provide for the proper adjustment of the utility facility. Relocated and/or existing utility facilities that will remain in place must be dimensioned or indicated in a manner to show their location in respect to the right of way lines. It is preferred that the utility owner transmits the plan of adjustment by electronic deliverables in a format that can be incorporated into the roadway plans. This will reduce the time and effort necessary as well as increase the accuracy of transferring this information into the roadway plans.&lt;br /&gt;
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Plans of adjustment received from the utility owner are to be checked for compliance with MoDOT’s requirements ([[#643.1_Utilities_Location|EPG 643.1 Utility Location]]) by the district utilities staff. They are also checked to ensure compatibility with the roadway design. Any continuing conflicts are resolved through negotiations with the utility owner.&lt;br /&gt;
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Occasionally, it is impractical to perform a utility adjustment in accordance with MoDOT’s requirements. Sometimes the utility may request approval of a plan of adjustment that does not conform to these requirements. Deviation from MoDOT’s utility requirements is a variance. Refer to [[#643.1.8_Variances|643.1.8 Variance Process]] for additional guidance.&lt;br /&gt;
The final plan of adjustment is included as Exhibit “A” to the agreement ([[#643.2.12_Utility_Agreements|EPG 643.2.12 Agreements]]).&lt;br /&gt;
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==643.2.6 Preliminary Engineering Requirements==&lt;br /&gt;
Preliminary engineering (PE) can be performed one of four ways for utility adjustments:&lt;br /&gt;
# The utility owner can use its own engineering forces.&lt;br /&gt;
# MoDOT can select an engineering consultant, after consultation with the utility owner, and the consultant contract will be administered by MoDOT.&lt;br /&gt;
# The utility owner can select an engineering consultant, with approval by MoDOT, and the consultant contract will be administered by the utility owner.&lt;br /&gt;
# If a utility adjustment is being included in a MoDOT administered construction contract, the preliminary engineering of the adjustment can be provided by MoDOT.&lt;br /&gt;
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For reimbursable utility adjustments, the amount paid to engineers, architects, and others for required engineering and allied services can be included in reimbursement amount provided such amounts are not based on a percentage of the costs of the necessary adjustments to allow highway construction. Reimbursement is available for contracts executed after solicitation of a consultant for the specific adjustment or existing continuing contracts when it is demonstrated that such work is performed regularly for the utility owner in its own work and that the costs are reasonable.&lt;br /&gt;
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A [https://epg.modot.org/forms/general_files/DE/UtilityConsultantContractChecklist.docx checklist is available for reviewing consultant-engineering contracts] to ensure the contract conforms to MoDOT policy and complies with applicable federal regulations. District utilities staff should use the checklist to review contracts and may consult with Audits and Investigations Division as necessary. The procedures in 23 CFR part 172, Administration of Engineering and Design Related Service Contracts may be used as a guide for reviewing proposed consultant contracts. [[:LPA:136.4_Consultant_Selection_and_Consultant_Contract_Management|EPG 136.4 Consultant Selection and Consultant Contract Management]] may also be used as a guide.&lt;br /&gt;
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===643.2.6.1 Solicited Consultant Contracts===&lt;br /&gt;
If solicitation of PE services is required for reimbursable utility adjustments, the utility owner must provide the following documents and information to district utilities staff. These documents need to be provided as soon as the utility owner has chosen to solicit a consultant. Document 1 must be supplied by all utility owners. Documents 2 and 3 are only required when the utility owner is a local government agency who is also a political subdivision of the state of Missouri (e.g., city-owned utilities, county-owned utilities). All other utility owners are encouraged, but not required, to provide Documents 2 and 3:&lt;br /&gt;
# A statement that the utility owner is not staffed or able to perform the required PE services with its own forces.&lt;br /&gt;
# Provide the names of at least three (3) consultants considered.&lt;br /&gt;
# The criteria used to evaluate each consultant and reasons why the selected consultant was selected.&lt;br /&gt;
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The following documents need to be provided as soon as the utility owner has successfully negotiated and entered into a contract with the consultant:&lt;br /&gt;
# The name and address of the selected consultant.&lt;br /&gt;
# A statement that the &amp;quot;[https://epg.modot.org/forms/general_files/DE/CertificationOfConsultant.docx Certification of Consultant]&amp;quot; will be furnished immediately upon award of the contract to the consultant.&lt;br /&gt;
# One executed copy of the proposed engineering contract or agreement between the utility owner and consultant, only if the engineering will exceed $5,000.00.&lt;br /&gt;
# The consultant&#039;s fixed (lump sum) or estimated fee (actual cost) and the contract maximum.&lt;br /&gt;
# A cost summary providing a detailed breakdown of the basis for the consultant&#039;s compensation, including estimated labor hours, hourly rates for each classification, overhead rate (if used), the amount of profit charged, and any other estimated charges such as travel expenses, equipment rentals, etc. If an overhead rate is used, the consultant must also submit the supporting overhead rate calculations.&lt;br /&gt;
# An independent cost estimate of engineering services provided by the utility owner to use in comparison to the consultant’s proposed engineering services to check for cost reasonableness.&lt;br /&gt;
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===643.2.6.2 Continuing Consultant Contracts===&lt;br /&gt;
When a utility owner chooses to use an existing continuing contract for PE services, the utility owner must provide the following documents and information to the district utilities staff as soon as possible.&lt;br /&gt;
# A statement that the utility owner is not staffed or able to perform the engineering with its own forces.&lt;br /&gt;
# The name and address of the consultant under the existing continuing contract.&lt;br /&gt;
# A statement that the &amp;quot;[https://epg.modot.org/forms/general_files/DE/CertificationOfConsultant.docx Certification of Consultant]&amp;quot; will be furnished.&lt;br /&gt;
# A copy of the continuing contract to the district utilities staff. The district utilities staff will review the contract for reasonableness of cost.&lt;br /&gt;
# The consultant&#039;s fixed (lump sum) or estimated fee (actual cost) and the contract maximum for the work associated with the utility adjustment.&lt;br /&gt;
# A cost summary providing a detailed breakdown of the basis for the consultant&#039;s compensation, including estimated labor hours, hourly rates for each classification, overhead rate (if used), the amount of profit charged, and any other estimated charges such as travel expenses, telephone, etc. If an overhead rate is used, the consultant must also submit the supporting overhead rate calculations.&lt;br /&gt;
# An independent cost estimate of engineering services provided by the utility owner to use in comparison to the consultant’s proposed engineering services to check for cost reasonableness.&lt;br /&gt;
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===643.2.6.3 Consultant Contract Changes===&lt;br /&gt;
If a PE services contract between a utility owner and a consultant needs to be revised, a copy of the revised contract, fee, and schedule should be submitted by the utility owner to the district utilities staff prior to allowing for contract changes. District utilities staff should review the contract changes to ensure the revised contract conforms to MoDOT policy and complies with applicable federal regulations.&lt;br /&gt;
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==643.2.7 Environmental and Right of Way==&lt;br /&gt;
===643.2.7.1 Utilities and Environmental Clearances===&lt;br /&gt;
District utilities staff should coordinate with the TPM and utility owner’s representative to understand and communicate on known environmental and cultural constraints that could impact a utility owner’s plan of adjustment. This will allow the utility owner to consider permitting timelines and alternatives that avoid environmental or cultural resources to keep the project on schedule.&lt;br /&gt;
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One strategy to make project delivery more efficient and ensure regulatory compliance is for MoDOT to obtain the environmental and cultural resource permits and clearances for the utility owners associated with a roadway improvement while obtaining its own. This would generally only be for the permits and regulatory clearances MoDOT already needs to pursue as a part of the transportation improvement.&lt;br /&gt;
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District utilities staff should coordinate with the utility owner’s representative early in the project timeline to determine if it is in the best interest of both MoDOT and the utility owner to obtain permits and environmental clearances jointly. The following strategies can be utilized to determine if a joint approach to environmental work should be pursued:&lt;br /&gt;
* If utility facilities are moving to a location within or immediately adjacent to MoDOT right of way, a utility owner may be invited to participate in permitting and environmental compliance activities.&lt;br /&gt;
* If utilities move to a location not within or adjacent to MoDOT right of way, the utility company would not normally be invited to participate in permit applications and environmental compliance activities. However, some unique projects may necessitate further attention and should be discussed with the Design Liaison Engineer.&lt;br /&gt;
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If MoDOT and the utility owner agree to obtain joint permits and clearances, written communication between the utility owner’s representative and the district utilities staff should document the following items:&lt;br /&gt;
* List of the permits and clearances that MoDOT will acquire on behalf of the utility owner.&lt;br /&gt;
* List of the information needed from the utility owner in order for MoDOT to acquire the permits and clearances.&lt;br /&gt;
* Schedule and deadlines for submittal of the information by the utility owner. For example: utility plans, fill quantities, construction methods, dates, or seasons of construction.&lt;br /&gt;
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Permits and clearances that may be needed by both a utility owner and MoDOT include:&lt;br /&gt;
* [[127.7_Threatened_and_Endangered_Species|Endangered Species Act consultation and clearance]]&lt;br /&gt;
* [[127.2_Historic_Preservation_and_Cultural_Resources#127.2.1.1_Historic_Preservation_Regulations_and_Laws|Section 106 of the National Historic Preservation Act clearance]]&lt;br /&gt;
* [[127.10_Section_4(f)_Public_Lands|Section 4(f) clearance]]&lt;br /&gt;
* [[127.10_Section_4(f)_Public_Lands#127.10.1.4_Section_6(f)_Laws_and_Regulations|Section 6(f) of the Land and Water Conservation Fund Act clearance]]&lt;br /&gt;
* [[127.4_Wetlands_and_Streams|Section 401 and Section 404 of the Clean Water Act permits]]&lt;br /&gt;
* [[:Category:806_Pollution,_Erosion_and_Sediment_Control#806.1_Introduction_(see_Sec._806)|Section 402 of the Clean Water Act permit (State Operating Permit for Erosion Control)]]&lt;br /&gt;
* [[127.8_Hazardous_and_Solid_Waste|Recommendations on contaminated soil disposition]]&lt;br /&gt;
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===643.2.7.2 Right of Way Acquisition and Utilities===&lt;br /&gt;
The Commission is obligated to acquire the width of right of way required by the design of the highway improvement. For utility facilities currently located within the Commission’s right of way, this includes the necessary space for the utility facilities impacted by the design of the highway improvement. Either additional right of way width to accommodate a utility corridor or a utility easement can be obtained for the relocation of utility facilities. When drainage easements are acquired along a channel, additional space for utility facilities should be considered to avoid conflicts between the utility facility and the bridge or culvert.&lt;br /&gt;
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District utilities staff should inform the utility owner’s representative of the potential of a conflict between an existing utility facility and a proposed highway construction project early in the project development process to allow sufficient time for the utility owner to prepare a plan of adjustment and notify the district utilities staff of any easement needs. When utility facilities are located on a utility owner’s private easement, the utility owner may obtain its own new easements. If the utility owner is not in a position to negotiate for new easements or if the utility owner’s policies will not permit it to condemn property to obtain the easement, MoDOT can acquire the easement in the same manner roadway right of way is obtained. The district utilities staff should verify the utility owner is aware of the opportunity to have MoDOT acquire the easement, and the utility owner should provide written documentation on whether the utility owner would like to pursue this option with MoDOT.&lt;br /&gt;
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For situations where the utility owner will obtain its own replacement right of way and the cost of the adjustment is MoDOT’s responsibility, the utility right of way cost should be reviewed by the district right of way department to ensure the cost is reasonable and acquisition followed state and federal regulations. In order to expedite utility adjustments necessary to allow highway construction, the district utility staff may authorize the utility owner to obtain easements prior to all details of a plan of adjustment being developed. In this situation, the district utilities staff should ensure enough details are known to justify the needed right of way, and an agreement for right of way costs only should be executed with the utility owner.&lt;br /&gt;
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For situations where MoDOT will obtain the right of way necessary to allow highway construction, district utility staff should negotiate with the utility owner’s representative to ensure all necessary utility easements are shown on the approved right of way plans. The TPM should confirm with district utilities staff that the right of way plans accurately reflect the needs of the utility owners prior to requesting right of way plan approval. The district Right of Way Manager should confirm with district utilities staff before requesting an acquisition date (A-date). Every effort should be made to avoid adding utility easement requests once negotiations with property owners have begun.&lt;br /&gt;
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Occasionally, when negotiations cannot be completed for easements for the adjustment of utility facilities, it may be necessary to condemn for the property. District utilities staff should coordinate with the utility owner’s representative to ensure no alternate design for the adjustment of the utility facility is practical. The decision to condemn for easements for the adjustment of the utility facilities requires the exercise of good judgment in reaching the conclusion that further good faith negotiations are futile and condemnation is necessary to maintain the project in the scheduled letting. The TPM should coordinate with the district utilities staff and district Right of Way (RW) personnel on the condemnation proceedings.&lt;br /&gt;
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Easement and other right of way documents used with utility owners are handled in accordance with procedures established jointly with RW and district utilities staff. District survey staff prepare the land descriptions for use in utility easements. The district utilities staff is responsible for completion of the easements in the correct form and scope. A sketch delineating the area described is attached to the easement as Exhibit “A”. Communication with the Design Division will ensure use of proper forms, corporate names and locations, and particular wording required for joint ownerships. The description for a utility easement is to be referenced to the nearest land corner shown on the plans. Examples of easements can be found in the template list in [https://netprod3.dot.missouri/eAgreements/Search/QuickSearch eAgreements].&lt;br /&gt;
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In situations where MoDOT is acquiring right of way with existing utility easements, but the district utilities staff and the utility owner’s representative agree that the utility facility may remain in place, the utility owner will release the property to the Commission separate from the right of way acquisition. This is done by executing an Easement for Highway Construction (UT16). The utility owner grants and conveys, with warranty of title expressed or implied, to the Commission, the right to construct, reconstruct, and maintain a highway over and across that portion of the easement owned and held by the utility owner. In the future, the utility owner retains any reimbursable rights should future projects require adjustments to allow highway construction.&lt;br /&gt;
&lt;br /&gt;
==643.2.8 Cost Responsibility==&lt;br /&gt;
In addition to determining if a conflict exists between an existing utility facility and a highway improvement project, it is important to determine who is responsible for the costs of the necessary adjustments to allow highway construction. An adjustment for which the Commission is responsible for the costs is known as a reimbursable adjustment. An adjustment for which the Commission is not responsible for the costs is known as a non-reimbursable adjustment. An adjustment for which the Commission and the utility share responsibility for costs is known as a partially reimbursable adjustment. Adjustments determined to be reimbursable or partially reimbursable by the Commission are to be completed under the terms of an agreement executed between the utility owner and the Commission.&lt;br /&gt;
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===643.2.8.1 Commission Responsibility===&lt;br /&gt;
====643.2.8.1.1 Utility Facilities Located on Private Easements====&lt;br /&gt;
When the utility facility is located on a private easement within the new right of way to be acquired for a future project, the Commission is responsible for the cost of the necessary adjustments to allow highway construction. It may be possible that such easement does not have written easement rights. The Commission will honor this oral right provided acceptable documentation is provided by the utility owner to the district utilities staff. An [https://epg.modot.org/forms/general_files/DE/NonwrittenEasementRights_Example.docx example of acceptable documentation for not written easement rights] is available. Other forms of documentation will be considered on an individual basis.&lt;br /&gt;
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=====643.2.8.1.1.1 Future Moves=====&lt;br /&gt;
When the utility facility is located on a private easement, taken into the Commission’s right of way, the Commission may agree that any future moves of the same utility by Commission order may be made at the Commission’s cost. Documentation of this agreement is by an Easement for Highway Construction (UT16) agreement. If the Commission provides a substitute private easement, then the Commission will have future obligations consistent with the utility facility’s status in an easement.&lt;br /&gt;
&lt;br /&gt;
====643.2.8.1.2 Utility Facilities Located within Commission Right of Way====&lt;br /&gt;
When the utility facility is located within Commission right of way, but has prior land rights, the Commission is responsible for the cost of adjustments to allow highway construction. The utility owner is responsible for documenting to the satisfaction of the district utilities staff, the basis for the claim of prior land rights within Commission right of way. Time spent researching prior rights is considered coordination and is reimbursable.&lt;br /&gt;
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====643.2.8.1.3 City or County Utility Facilities on City or County Streets====&lt;br /&gt;
When roadway improvements are within the corporate limits of cities, towns, and villages, a municipal agreement is negotiated between the Commission and the municipality. Likewise, when roadway improvements are within the limits of a county and outside the municipal limits, a county agreement is negotiated between the Commission and the County Commission. Included in these agreements are provisions regarding reimbursement for adjusting city or county owned utility facilities. Reimbursement is provided for adjustment of city or county owned utility facilities that are now located on city or county streets and not on Commission right of way.&lt;br /&gt;
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====643.2.8.1.4 Lumen====&lt;br /&gt;
Lumen – National (formerly CenturyLink, Lightcore, or Digital Telephone, Inc. (DTI)) and the Commission have entered into a partnership agreement, “Amended and Restated Fiber Optic Cable on Freeways in Missouri,” executed June 5, 2003 which obligates the Commission to be responsible for the cost of the necessary adjustments to allow highway construction along the routes identified in the agreement. A copy of the agreement is available to district utilities staff.&lt;br /&gt;
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====643.2.8.1.5 Services to the Commission====&lt;br /&gt;
When a utility facility provides a service connection to local Commission facilities such as power to traffic signals, lighting, ITS, and cathodic protection and phone drops to traffic signal controllers or other Commission facilities, the Commission is responsible for the cost of the necessary adjustments to allow highway construction.&lt;br /&gt;
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====643.2.8.1.6 Private Service Lines====&lt;br /&gt;
While most utility owners reconnect the private service lines at no cost to the property owner, some do not. If a utility owner does not reconnect service lines, MoDOT can include adjustment of private service lines in roadway contracts. Bid items for relocating service connections are provided for the different types of anticipated adjustments.&lt;br /&gt;
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====643.2.8.1.7 Second Moves====&lt;br /&gt;
If the Commission requires additional work to a utility facility after the facility has been relocated or adjusted in accordance with a plan of adjustment approved by the Commission for a single project number, the Commission is responsible for the cost of the additional work regardless of whether the initial adjustment was Commission responsibility as outlined in other parts of [[643.2_Local_Utility_Adjustments_-_Public_and_Private#643.2.8.1_Federalizing_Funds_for_Preliminary_Engineering|643.2.8.1]].&lt;br /&gt;
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The purpose of the policy is to encourage utilities to relocate early rather than waiting until plans are published for bidding. The policy eliminates the utility having to relocate twice at its own expense because of late changes in the design. It is best to have utilities relocated prior to construction, and this policy helps achieve that goal. Therefore, it is imperative that the designer notifies district utilities staff as soon as possible of any changes made after these plans have been sent. If notified immediately, it may be possible to inform the utility owner prior to their final design thereby eliminating a second move.&lt;br /&gt;
&lt;br /&gt;
Under this policy, the following are not considered second moves. Temporary and staged relocations necessary to accommodate construction and agreed upon by the utility and the Commission prior to relocation are considered a single move and are not subject to the provisions of the second move policy. If the Commission requires adjustment of a utility facility for which the utility owner is responsible for the cost of the adjustment and was originally determined to not need adjustment, the utility owner is responsible for the cost of the adjustment. The utility owner is responsible for the cost of additional work to any portion of the utility facility after the utility facility has been adjusted in accordance with a plan of adjustment approved by the Commission if the additional work is required by the Commission due to error by the utility owner in preparation of plan of adjustment, field location of, or construction of the adjustment of the utility facility.&lt;br /&gt;
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When evaluating construction contract changes by change order or value engineering, the impacts of the second move policy should be considered.&lt;br /&gt;
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===643.2.8.2 Utility Owner Responsibility===&lt;br /&gt;
====643.2.8.2.1 Utility Facilities Owned and Operated by a Political Subdivision====&lt;br /&gt;
When a utility facility is located within Commission right of way, but does not have prior land rights, the utility owner is responsible for the cost of the necessary adjustments to allow highway construction. When a utility facility is located on public right of way other than Commission right of way, the utility owner is responsible for the cost of the necessary adjustments to allow highway construction.&lt;br /&gt;
&lt;br /&gt;
When a political subdivision must bear part or all the cost of adjustments to their utility facilities, and the cost creates a financial hardship, the Commission, by its authorized representative, the Chief Engineer, may temporarily assume these costs. A payback agreement with the political subdivision will include an applicable interest rate for a comparable maturity from a widely published index of tax-exempt municipal rates obtained from Financial Services. Payback time will not exceed five (5) years.&lt;br /&gt;
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====643.2.8.2.2 Utility Facilities Other Than Those Owned by a Political Subdivision====&lt;br /&gt;
When a utility facility is on the right of way of a public road or street or on state highway right of way without prior land rights and adjustment is necessary to allow for the construction of a roadway improvement, the utility owner is responsible for the cost of the necessary adjustments to allow highway construction.&lt;br /&gt;
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===643.2.8.3 Shared Responsibility===&lt;br /&gt;
When a utility facility is located such that portions of it are a Commission responsibility and portions of it are a utility owner responsibility by the definitions above, the costs of the necessary adjustments to allow highway construction will be split by the Commission and the utility owner. If the exact cost for each party can be determined, each party will be responsible for their portion of the cost of relocating the utility facility. If the exact cost for each party cannot be determined, the parties will arrive at a percentage reimbursement on an equitable basis.&lt;br /&gt;
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===643.2.8.4 Notice of Hearing===&lt;br /&gt;
When relocation or other difficulties with utility facilities on public right of way arise that prevent resolution by negotiation, formal hearings will be required.&lt;br /&gt;
&lt;br /&gt;
The district initiates a request for a utility relocation hearing with a letter to the Chief Counsel’s Office (CCO) (a copy is provided to the Design Division) requesting a hearing date. CCO will arrange for a hearing room, court reporter, etc. and advise the district of the hearing date.&lt;br /&gt;
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The district will prepare the notice of hearing by strictly following the given format and serve the notice on all persons and utility owners listed. The property and utility owner must be served only by personal service or by mailing a certified letter, return receipt requested, no later than 15 days before the date of hearing. This will require the district to make every effort to identify the correct property owner before preparing the notice of hearing. To avoid delays, every attempt will be made to issue the hearing notice at least 30 days prior to the hearing date in case any property has changed ownership and any additional property owners must be served. A notice of hearing on service line connections will also be served on the private or public owner of the main or distribution line to which the service lines are connected. A notarized &amp;quot;Report of Personal Service&amp;quot; will be completed when notification by certified mail is not used.&lt;br /&gt;
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One copy of the hearing notice and attachments, &amp;quot;Report of Personal Service&amp;quot; and certified mail notices are to be submitted to CCO after notification is complete.&lt;br /&gt;
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Prior to the hearing, the district&#039;s representative will become familiar with the details of the utility adjustment in order to provide concise testimony to expedite the hearing process. CCO will assign an attorney to work with the district and present the case.&lt;br /&gt;
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Refer to 7 CSR 10-3.030 020 Utility Relocation Hearings for additional information.&lt;br /&gt;
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A Waiver of Hearing should be obtained for non-reimbursable adjustments to document the commitment of the utility owner to adjust its utility facilities without adversely impacting the highway construction project. This may be accomplished informally via written communications between the district utilities staff and the utility owner’s representative. A [https://epg.modot.org/forms/general_files/DE/WaiverOfHearingForm.docx formal Waiver of Hearing statement] may be requested by either MoDOT or the utility owner. A [https://epg.modot.org/forms/general_files/DE/WaiverOfHearingLetter.docx sample transmittal letter for the Waiver of Hearing] is available. For reimbursable or partially reimbursable adjustments, the formal agreement serves as the basis of documentation of this commitment.&lt;br /&gt;
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==643.2.9 Estimates==&lt;br /&gt;
District utilities staff will negotiate with utility owners to determine reimbursable costs of the necessary adjustments to allow highway construction ([[#643.2.8_Cost_Responsibility|EPG 643.2.8 Cost Responsibility]]). These estimates are prepared in accordance with the provisions of 23 CFR 645 and any amendment thereto. These estimates must reflect the same procedures and costs used by the utility owners in their normal operations and must also accurately represent the expected costs of the work. The utility owner’s estimate will be reviewed by the district utilities staff to ensure compliance with 23 CFR 645.&lt;br /&gt;
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===643.2.9.1 Independent Cost Estimate===&lt;br /&gt;
The independent cost estimate provides the basis for district utilities staff to review the utility owner’s estimate of costs of the necessary utility adjustments to allow highway construction and any subsequent negotiations with the utility owner. The district utilities staff should prepare an independent cost estimate. The independent cost estimate may be based on unit prices of anticipated items of work in a utility adjustment necessary to allow highway construction. The independent cost estimate alternately may be based on recent similar types of utility adjustments necessary to allow highway construction and scaled for size. Consultants can be used to develop the independent cost estimate. All documentation of the independent cost estimate should be placed in MoProjects.&lt;br /&gt;
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===643.2.9.2 Type of Project Cost Estimates===&lt;br /&gt;
Either Actual Cost or Lump Sum estimates may be used for estimating the costs on the necessary utility adjustments to allow highway construction. If an Actual Cost estimate is used, detailed records of materials, labor, and equipment are made by district utilities and/or construction staff during construction, and a final audit of the utility owner’s cost records is made to determine the Commission’s actual responsibility for costs of the adjustment completed to allow highway construction. If a Lump Sum estimate is used, a final audit of costs for an adjustment in payment is not required. The Actual Cost method requires more detailed record keeping and documentation by the utility owner and district staff during construction. The Lump Sum method requires more upfront detail and work by the utility owner and judgment on the district utilities staff on the acceptability of the cost. The district utilities staff will work with the utility owner’s representative to determine the best type of estimate and therefore agreement to use.&lt;br /&gt;
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====643.2.9.2.1 Actual Cost Estimate====&lt;br /&gt;
The cost estimate that supports the actual cost agreement is prepared in sufficient detail to determine the reasonable expected cost of the work to support development of an agreement between the utility owner and the Commission. However, reimbursement is based on the actual costs of design and construction of the necessary adjustment to allow highway construction. The actual cost estimate should detail all costs of the necessary adjustment to allow highway construction, even if the Commission is only responsible for a portion of the costs as detailed in EPG [[#643.2.8.3_Shared_Responsibility|643.2.8.3 Shared Responsibility]].&lt;br /&gt;
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Actual cost estimates can be used for any dollar amount of reimbursement.&lt;br /&gt;
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====643.2.9.2.2 Lump Sum Estimates====&lt;br /&gt;
The cost estimate that supports the lump sum agreement must be accurate, comprehensive, verifiable, and in sufficient detail to present a clear picture of the work involved and the cost of the individual items. The estimate may cover only that portion of the adjustment for which the Commission is responsible for the costs of the necessary utility adjustments to allow highway construction.&lt;br /&gt;
Lump sum estimates are limited to a maximum of $200,000 of Commission responsibility of costs of the necessary utility adjustments to allow highway construction; however, exceptions may be made for special situations that have prior approval from Design Division. These exceptions usually cover major relocations for which the Commission&#039;s proportionate responsibility is extremely small.&lt;br /&gt;
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===643.2.9.3 Utility Cost Estimate Requirements===&lt;br /&gt;
Whether using an Actual Cost or Lump Sum estimate, the following should be included in the estimate, if applicable. If any of the following sections are not included in the estimate, a qualifying statement as to why the costs were not included should be provided.&lt;br /&gt;
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====643.2.9.3.1 Scope of Work====&lt;br /&gt;
All estimates require a concise summary of the work to be performed on the estimate. An example is &amp;quot;an estimate of cost covering the work of relocating Company&#039;s 12-inch Cushing-Woodriver pipeline to accommodate construction of Route 47 in Franklin County on Job No. J6P0172&amp;quot;.&lt;br /&gt;
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====643.2.9.3.2 Engineering Costs====&lt;br /&gt;
Costs of engineering, whether preliminary or construction, must be shown as separate items and are not to be included with &amp;quot;labor costs&amp;quot;. Concurrent cost accounting procedures of FHWA and MoDOT make this a necessity. See [[#643.2.6_Preliminary_Engineering_Requirements|EPG 643.2.6 Preliminary Engineering]] and [[#643.2.16.2_Construction_Contract_Requirements|EPG 643.2.16.2 Construction Contract Requirements]] for further information.&lt;br /&gt;
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====643.2.9.3.3 Right of Way Costs====&lt;br /&gt;
A detailed estimate of the cost to acquire replacement easements by the utility owner is required. The cost should be supported by a right of way plan.&lt;br /&gt;
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====643.2.9.3.4 Material Costs====&lt;br /&gt;
Quantities, description of the item, the unit cost, and the extended totals are shown. Percentage computations will be shown immediately following &amp;quot;total cost&amp;quot; so the utility owner’s and Commission&#039;s cost obligations are properly indicated. Unit assembly costs similar to those used by several of the rural electric association (R.E.A.) cooperatives are acceptable, provided the same units and charges are used in the utility owner’s regular operations. A handling charge conforming with the utility owner’s regular procedures may also be included.&lt;br /&gt;
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====643.2.9.3.5 Labor Costs====&lt;br /&gt;
Hours, individual or crew rates, and extended totals are shown. Payroll additives such as insurance, retirement, social security, vacation, and other benefits are shown as a separate item under this heading in accordance with utility owner’s regular procedures. Adequate explanation must be given for total percentage used, especially in those cases where materials and labor are combined as unit costs or where labor percentages include additives and equipment requirements.&lt;br /&gt;
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====643.2.9.3.6 Equipment Costs====&lt;br /&gt;
A description of the equipment to be used must be shown jointly with the number of hours to be charged. Rates charged for equipment usage must be justified by the utility owner’s established accounting procedures. When the utility owner does not have an established accounting procedure or a capitalization and depreciation schedule that is used in its own operations, the rates are to be established by using rental rate publications as a guide. A reasonable amount will be deducted, when using rental rate schedules, for profit that the rental company realizes. A full explanation of the methods used in establishing the rates must also be submitted to support the utility owner’s request and with approval of the district utilities staff.&lt;br /&gt;
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Equipment may be rented when the utility owner’s equipment is not available or is inadequate, with the rental rate justified by appropriate solicitation of bids. See [[#643.2.16.2_Construction_Contract_Requirements|EPG 643.16.2 Construction Contract Requirements]] for further information.&lt;br /&gt;
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Unusual accounting procedures may be accepted with adequate prior explanations and approval of the Design Division.&lt;br /&gt;
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====643.2.9.3.7 Removal Costs====&lt;br /&gt;
These costs are estimated and shown in a similar method but separately from installation costs. When removal costs exceed salvage credits by more than the estimated cost of removal by the roadway contractor, an effort should be made to persuade the utility owner to abandon the utility facilities in place. An exception is made when the utility owner is required to remove abandoned utility facilities because of liability, hazard, or by specific agreement with the Commission. Abandoned utility facilities can be included with the miscellaneous removals in the roadway contract. It may be possible for the utility owner to remove those portions of the utility facility for which credits will exceed removal costs, with the remainder of the utility facility to be abandoned for removal in the roadway contract. Materials removed must be itemized, with the utility owner’s customary salvage credit given. Items to be scrapped or junked should be indicated. Whenever a utility facility or portion thereof is shown to be abandoned on the plan of adjustment, the roadway plans should be notated accordingly. This eliminates ownership problems if these utility facilities are removed or salvaged by the roadway contractor.&lt;br /&gt;
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When the utility facility is no longer needed and removal is necessary to accommodate the roadway project, the removal of the item may be handled either as a right-of way-item or a utility adjustment. When handled as a right of way item, the damages allowed are to equal the depreciated value of the utility facility, with the necessary removals being accomplished by the roadway contractor. If accomplished as a utility adjustment, the Commission, by utility agreement, will reimburse the utility owner for removal costs and receive salvage credit for the material removed, up to but not exceeding removal costs.&lt;br /&gt;
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====643.2.9.3.8 Salvage of Removed Materials====&lt;br /&gt;
This statement, to explain the salvage credit or lack of credit, will reflect routine utility owner policy as well as the particular situation. The utility owner will place a value on any recovered material for salvage. District utilities staff should check this value for reasonableness. Examples of salvage statements include:&lt;br /&gt;
* Existing utility facilities to be abandoned in place, since the cost of salvaging, based on our past experience, will exceed their value.&lt;br /&gt;
* Only those items will be salvaged for which salvage credit will exceed the cost of removal and salvage.&lt;br /&gt;
* Company liability requires removal of the retired utility facilities, even though the cost of removal will exceed allowable credit for salvage.&lt;br /&gt;
* Salvage credits are in accordance with established company accounting procedures.&lt;br /&gt;
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====643.2.9.3.9 Accrued Depreciation Credits====&lt;br /&gt;
Credit is required for the accrued depreciation of a utility facility that is being replaced. Examples are a building, structure, pumping station, filtration plant, power plant, substation, or other similar operational unit. Credit for accrued depreciation will not be required for a segment of the utility&#039;s service, distribution, or transmission lines. It is also not required when the building or structure is being moved as necessitated by the highway project. Acceptable accrued depreciation credit will be determined by using the following formula:&lt;br /&gt;
&amp;lt;math&amp;gt;\frac{\text{Actual Length of Service of Replaced Facility (Years)}}{\text{Total Estimated Service Life of Replaced Facility (Years)}} x&amp;lt;/math&amp;gt;&amp;lt;span style=&amp;quot;font-family: &#039;Times New Roman&#039;, Times, serif; font-size: 130%;&amp;quot;&amp;gt; Original Cost ($) = Credit ($)&amp;lt;/span&amp;gt;&lt;br /&gt;
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====643.2.9.3.10 Betterment Credits====&lt;br /&gt;
Betterment means the upgrading of the utility facility being relocated, made solely for the benefit of and at the election of the utility owner and is not attributable to the roadway improvement. Credit to the Commission is required for the additional costs incurred for the betterments introduced in the adjusted utility facility. No betterment credit is required for additions or improvements which are:&lt;br /&gt;
* Required by the highway project&lt;br /&gt;
* Replacement devices or materials that are of equivalent standards although not identical&lt;br /&gt;
* Replacement of devices or materials no longer regularly manufactured with next highest grade or size&lt;br /&gt;
* Required by law under governmental and appropriate regulatory commission code&lt;br /&gt;
* Required by current design practices regularly followed by the utility owner in its own work, and there is a direct benefit to the highway project&lt;br /&gt;
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====643.2.9.3.11 Overhead Costs====&lt;br /&gt;
Overhead costs are usually a percentage of the total labor cost. This item must be in accordance with the utility owner’s established accounting procedures, which in some cases may include handling costs or be a percentage of the total cost of the work involved. Additional attention to overhead costs is required when the rate is different from previously accepted rates. Occasionally, it can be difficult to obtain the necessary information at the time of the estimate to approve the overhead rates. In this situation, the estimate can be approved with exception of the overhead rates for payment. The utility owner is informed of this matter with the understanding that the overhead rates could be approved and paid with submission of appropriate supporting data and Financial Services audit review.&lt;br /&gt;
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====643.2.9.3.12 Prorating Costs====&lt;br /&gt;
The need for prorating utility adjustment costs occurs when both the Commission and the utility owner are responsible for a portion of the utility adjustment necessary to allow for highway construction, and the actual costs for reimbursement in each category cannot be explicitly determined. Generally, the following conditions require division of costs:&lt;br /&gt;
* The adjustment is considered partially reimbursable per [[#643.2.8.3_Shared_Responsibility|EPG 643.2.8.3 Shared Responsibility]]&lt;br /&gt;
* Betterments are included in the necessary adjustment of the utility facility&lt;br /&gt;
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The district utilities staff should negotiate with the utility owner’s representative to determine an equitable basis for the prorating of costs based on the characteristics of the utility adjustment necessary to allow for highway construction.&lt;br /&gt;
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====643.2.9.3.13 Costs Records====&lt;br /&gt;
The estimate should include a statement as to where the utility owner’s cost records may be reviewed. An example: &amp;quot;Company cost records will be available in our office at 2134 Industrial Avenue, Tulsa, Oklahoma&amp;quot;.&lt;br /&gt;
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====643.2.9.3.14 Other====&lt;br /&gt;
Additional statements will explain or further clarify the work that is included. Such other items may include bypasses, special equipment, need for larger utility facilities, etc.&lt;br /&gt;
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==643.2.10 Schedule==&lt;br /&gt;
Timely adjustments of utility facilities are essential for efficient completion of highway construction projects. Ideally, all utility adjustments are completed prior to a project’s Plans, Specifications, and Estimate (PS&amp;amp;E) submittal to Central Office. Depending on the specifics of the highway construction and utility adjustment necessary, early completion of the utility adjustment may not be practical. The district utilities staff should negotiate with the utility owner to determine the schedule parameters necessary for the utility adjustment. At a minimum, the utility owner should document the dates it anticipates starting and completing the work. If a utility adjustment depends upon the completion of a portion of the highway construction, the necessary milestone for starting the utility adjustment should be documented along with an anticipated number of working days to complete the utility adjustment. The schedule is included as Exhibit “C” to the agreement.&lt;br /&gt;
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==643.2.11 Pre-Audits==&lt;br /&gt;
The district utility staff performs a pre-audit review and approval prior to preparation of the agreement. A [https://epg.modot.org/forms/general_files/DE/PreAuditChecklist.docx pre-audit checklist] should be completed and saved in MoProjects.&lt;br /&gt;
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==643.2.12 Utility Agreements==&lt;br /&gt;
Whenever the Commission is responsible for the cost of the necessary adjustments to allow highway construction, an agreement is required. If a Master Reimbursable Utility Agreement (see [[#643.2.12.2_Master_Reimbursable_Utility_Agreements|EPG 643.2.12.2]]) has not been executed with the utility owner, a Project Specific Agreement (see [[#643.2.12.3_Project_Specific_Agreements|EPG 643.2.12.3]]) is executed between the utility owner and the Commission. In some cases, it may be more practical for the Commission to include adjustment of utilities into a Commission administered contract. A Utility Agreement - Actual Cost (For Utility Work That is to be Included in the Missouri Highways and Transportation Commission&#039;s Road Project) (see [[#643.2.12.4_Agreement_for_Utility_Work_Included_in_Roadway_Improvement_Project|EPG 643.2.12.4]]). Agreements include a plan of adjustment (Exhibit “A”), cost estimate (Exhibit “B”), and schedule (Exhibit “C”).&lt;br /&gt;
&lt;br /&gt;
The Utility Agreement boilerplate forms have been approved by the Chief Counsel’s Office (CCO). They are identified in the upper left-hand corner of each agreement by an identifier such as CCO Form: UT01 for the Master Reimbursable Utility Agreement. CCO updates these agreements as necessary. They serve as a guide in the preparation of the agreement to be executed with the utility owner for the adjustments required to their utility facilities to accommodate the proposed roadway improvement project. District utilities staff should use the latest version of the agreement found in [https://netprod3.dot.missouri/eAgreements/Search/QuickSearch eAgreements] in drafting an agreement with utility owners. A list of utility agreements and detailed information concerning the sequence for preparing and executing an agreement is available in EPG [[:Category:153_Agreements_and_Contracts|153 Agreements and Contracts]].&lt;br /&gt;
&lt;br /&gt;
These forms are to be used word for word. Revisions or additions are only made to address specific project details. The intent of each paragraph must be retained, although specific words may be revised to fit the particular situation. No paragraphs are deleted without prior approval from CCO. For guidance on acceptance of liability, refer to the [[:Category:153_Agreements_and_Contracts#153.1.1.2_Acceptance_of_Liability_Policy_(MoDOT_Access_Only)|Acceptance of Liability Policy]] at the CCO SharePoint page. Drafts of agreements having major revisions or complications are to be submitted, with supporting data, to Design Division for comment and approval.&lt;br /&gt;
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A reference to 23 CFR 645 is included in all agreements. Utility owners must be acquainted with these requirements and procedures. The incorporation of 23 CFR 645 by reference in all agreements eliminates the need for a second set of regulations to be included in the document.&lt;br /&gt;
&lt;br /&gt;
The agreement for the adjustment of a utility is prepared by the district utilities staff and submitted to the utility owner for execution. The agreement is based on the plan, estimate of cost which was prepared in accordance with 23 CFR 645, and schedule. Authorized individuals representing the utility owner will execute the agreement. The agreement must be signed, sealed, and if necessary, notarized by the utility owner. If the utility owner does not have or use a corporate seal, write &amp;quot;NO SEAL&amp;quot; under the signatures of the owner’s officers. Agreements with political subdivisions are to be supported by an appropriate ordinance, a copy of which is to be submitted with the executed agreements. All copies will be forwarded to the CCO for further handling. A fully executed copy of the agreement will be retained in eAgreements. If the agreement was executed using electronic signatures, the district utilities staff should forward an electronic copy of the fully executed agreement to the utility owner. If the agreement was executed using wet signatures, one (1) paper copy of the fully executed agreement will be returned by the Commission Secretary’s Office to the district utilities staff. The district utilities staff will forward this copy to the utility owner.&lt;br /&gt;
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===643.2.12.1 Buy America Build America Requirements===&lt;br /&gt;
All agreements contain information on Buy America Build America (BABA) compliance. The utility owner should select the method of certification (See [[#643.2.19_Buy_America_Build_America_for_Utilities|EPG 643.2.19]]) at the time of agreement completion. The appropriate paragraph will be inserted into the agreement. All BABA compliance documents must be retained by the utility owner and made available upon request at no cost to the Commission and/or FHWA.&lt;br /&gt;
&lt;br /&gt;
====643.2.12.1.1 Utility Owner Self-Certification====&lt;br /&gt;
The City/Company certifies that when determining products/materials subject to Buy America Build America requirements to use in the performance of this Agreement, it shall use only such products/materials for which it has received a certification from its supplier, or provider of construction services that procures the product/material, certifying compliance with Buy America Build America requirements. This does not include products/materials for which waivers have been granted pursuant to 23 CFR 635.410. The City/Company will not be required to provide the Commission copies of the supplier certification as part of this Agreement or with the final invoice of said Commission’s Federal-Aid Highway Construction Project.&lt;br /&gt;
&lt;br /&gt;
====643.2.12.1.2 Vendor/Manufacturer Certification====&lt;br /&gt;
The City/Company certifies that when determining products/materials subject to Buy America Build America requirements to use in the performance of this Agreement, it shall use only such products/materials for which it has received a certification from its supplier, or provider of construction services that procures the product/material, certifying compliance with Buy America Build America requirements. This does not include products/materials for which waivers have been granted pursuant to 23 CFR 635.410. The City/Company shall provide to the Commission all Buy America compliance documents as outlined in the Commission’s Engineering Policy Guide 643. All required compliance documents shall accompany the final invoice submitted to the Commission.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.2 Master Reimbursable Utility Agreements===&lt;br /&gt;
The UT01: Master Reimbursable Utility Agreement (MRUA) is a statewide agreement that has been executed by the utility owner and the Commission for all future reimbursable utility adjustments between both parties. Once a MRUA is executed, no other utility agreements are required on design-bid-build projects. The district utilities staff should encourage utility owners to enter into a MRUA with the Commission to reduce potential future delays in executing a project specific agreement. A list of previously executed [https://modotgov.sharepoint.com/sites/DE/Utilities/Agreements/MRUA%20-%20Existing?csf=1&amp;amp;web=1&amp;amp;e=4LJHoa Master Reimbursable Utility Agreements (Modot Access Only)] is available. District utilities staff should add newly executed agreements to this list. The MRUA can be employed as either an actual cost ([[#643.2.12.3.1_Actual_Cost_Agreements|EPG 643.2.12.3.1]]) or lump sum ([[#643.2.12.3.2_Lump_Sum_Agreements|EPG 643.2.12.3.2]]) agreement. When the reimbursable adjustment will utilize a MRUA, the district utilities staff will prepare a MRUA correspondence letter (“letter agreement”) referencing the executed MRUA. A copy of the MRUA correspondence letter should be saved in MoProjects for reference by Financial Services, the district construction office, and the district staff responsible for inspection of utility adjustments. All project specific items such as type of agreement (actual cost or lump sum), plan of adjustment, estimated total cost, cost allocation, and schedule are addressed in the MRUA correspondence letter from the district utilities staff to the utility owner. A flowchart of the MRUA process is available.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.3 Project Specific Agreements===&lt;br /&gt;
If a utility owner does not have a MRUA with the Commission, a project specific agreement will be required for every project for which the Commission is responsible for the necessary adjustments to allow highway construction. The project specific agreement will be either an actual cost ([[#643.2.12.3.1_Actual_Cost_Agreements|EPG 643.2.12.3.1]]) or lump sum ([[#643.2.12.3.2_Lump_Sum_Agreements|EPG 643.2.12.3.2]]) agreement.&lt;br /&gt;
&lt;br /&gt;
====643.2.12.3.1 Actual Cost Agreements====&lt;br /&gt;
The UT03: Utility Agreement – Actual Cost is used when detailed estimates are not practical or costs appear to be questionable. Details on actual cost estimates can be found at [[#643.2.12.3.1_Actual_Cost_Agreements|EPG 643.2.9.2.1 Actual Cost Estimates]]. Once the final invoice on a UT03 is submitted to Financial Services, district utilities staff should change the status on the agreement in eAgreements to completed.&lt;br /&gt;
&lt;br /&gt;
====643.2.12.3.2 Lump Sum Agreements====&lt;br /&gt;
The UT02: Utility Agreement – Lump Sum eliminates the need for keeping detailed records of cost and the auditing of cost records. Estimates of cost must be prepared in detail for use of this agreement. When detailed estimates are not practical or costs appear unreasonable, actual cost agreements are to be used. Use of special forms of agreements, such as &amp;quot;subordination agreements&amp;quot;, which are desired by certain utility owners, is acceptable. These, too, must be revised to cover the particular situation. Details on lump sum estimates can be found at [[#643.2.9.2.2_Lump_Sum_Estimates|EPG 643.2.9.2.2 Lump Sum Estimates]]. Once the final invoice on a UT02 is submitted to Financial Services, district utilities staff should change the status on the agreement in eAgreements to “completed”.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.4 Agreement for Utility Work Included in Roadway Improvement Project===&lt;br /&gt;
The UT04: Utility Agreement - Actual Cost (For Utility Work That is to be Included in the Missouri Highways and Transportation Commission&#039;s Road Project) allows for the adjustment to be based on actual cost with the roadway contractor performing the utility work. Caution should be exercised in the type of utilities to be relocated in roadway contracts. Utilities recommended are waterlines and sewer lines. Other utilities, such as gas lines, communication lines, and power lines are to be studied thoroughly before being included in the project.&lt;br /&gt;
&lt;br /&gt;
The Transportation Project Manager and district utilities staff must plan ahead to get this work in the roadway contract. The utility owner must agree to include the utility adjustment in the roadway contract. The adjustment may be on highway right of way or on private easement in the name of the utility owner. The utility owner can agree to allow MoDOT’s contractor to work in its easement. However, district utilities staff in consultation with district right of way staff should review the easement documentation to verify the utility owner’s rights to the easement and any limitations on its use. MoDOT’s contractor can work and operate on both Commission right of way and on the utility easement, even when not directly connected to the Commission right of way, as part of the job site. Temporary construction easements may be necessary in addition to the utility easement to ensure adequate working room for the contractor.&lt;br /&gt;
&lt;br /&gt;
:The utility owner may request exemption to any liability for negligence of our contractor working on their easement. The Commission can assume that liability (refer to [[:Category:153_Agreements_and_Contracts#153.1.1.2_Acceptance_of_Liability_Policy_(MoDOT_Access_Only)|Acceptance of Liability Policy]]), but it should be included in the utility agreement if so desired by the utility owner. A Job Special Provision is necessary to require the MoDOT contractor to hold the utility harmless from all claims due to contractor negligence.&lt;br /&gt;
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Subsurface information, i.e. boring data, etc., should be obtained by the utility owner since it may be needed for the design of the utility adjustment. This information should be included in the plans. If the utility owner must bear all or part of the cost of the adjustment, the utility owner must agree to pay a pre-deposit to the Commission prior to opening bids on the project. This should be in the utility agreement. The pre-deposit will be credited to the &amp;quot;Missouri Highway and Transportation Commission - Local Fund.&amp;quot; Any interest earned in the fund will apply to the cost of the adjustments. The utility agreement will include language that the utility will inspect the installation and assume maintenance of the utility facility after construction. MoDOT will also provide engineering supervision to be sure the road contractor is in compliance with the contract. Utility plans and specifications are to be approved by the owner prior to submittal to the Central Office. The following items will provide minimum information to allow MoDOT’s contractor to bid the work.&lt;br /&gt;
# Individual bid items (not &amp;quot;lump sum&amp;quot;) should be established to promote better bidding and to handle overruns and underruns. Bid items not included on the Computer Stored Bid Item list should be &amp;quot;99&amp;quot; numbers.&lt;br /&gt;
# he bid package must be in our letting format. If the package was prepared by a consultant as if the utility owner were going to let it, all bid bond or bidding procedures must be screened to remove requirements contrary to MoDOT letting requirements. District utilities staff should work with the Transportation Project Manager, Design Liaison Engineer, and Central Office Bidding and Contract Services to ensure this requirement is met.&lt;br /&gt;
# The specifications required by the utility owner should be reviewed for items that could cause a bid problem for our contractor. Items such as non-readily available materials or sizes should be avoided.&lt;br /&gt;
# Utility plan sheets should be .pdf files equivalent to 22 in. x 34 in. It is helpful to have a quantity sheet specifically for utility items.&lt;br /&gt;
# Any special procedures required for the utility installation should be included in the Job Special Provisions.&lt;br /&gt;
# The utility package should be submitted on-time to Central Office with other project plans.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.5 Agreement for a Utility Only Project===&lt;br /&gt;
Any of the above agreements can be modified for a utility only project separate from the roadway project. The utility only project may be done by forces hired by the utility owner or by the Commission. A separate utility only project has distinct advantages when the following occurs:&lt;br /&gt;
* The utility work is extensive&lt;br /&gt;
* It must be performed in accordance with the utility owner’s seasonal requirements&lt;br /&gt;
* It extends beyond the limits of the construction project&lt;br /&gt;
* It must be performed considerably in advance of the roadway contract&lt;br /&gt;
&lt;br /&gt;
Necessary environmental and design work is still required for the limits of the separate utility only project. It may be necessary in these cases to have a second agreement with the utility owner to cover any other work that must be performed concurrently with the roadway contract. These latter agreements will use the roadway construction job number. Early need for utility projects is to be determined at the time when the STIP is updated each year. The utility construction funds will be shown in the year right of way funds are assigned. This will be done whenever possible to secure early adjustment of utility facilities. A request by the district is sent to the Planning Division. Estimated dollar amounts for utility adjustments are needed. These are estimates and do not need to be extremely accurate. When a special utility project is established, it is preferred, if at all possible, to include all the utility adjustments necessary for the entire roadway project. If funds are available, additional agreements can be added to this utility project until the final invoice for the first completed agreement is received for payment.&lt;br /&gt;
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===643.2.12.6 Supplemental Agreements===&lt;br /&gt;
For utility owners with a UT01 agreement, a supplemental letter agreement documenting the change in the scope or cost of the work is acceptable.&lt;br /&gt;
&lt;br /&gt;
The UT05: First Supplemental Agreement is used to document changes to UT02 and UT03 agreements. If changes to the scope of work occur that are anticipated to exceed $100,000 or 15% of the original agreement, a UT05 is required. If the final invoice on an actual cost adjustment without changes in the scope of work exceeds the limits shown in the table below, a UT05 is required.&lt;br /&gt;
&lt;br /&gt;
{| class=&amp;quot;wikitable&amp;quot; style=&amp;quot;margin-left: 25px; text-align:center&amp;quot;&lt;br /&gt;
! Amount in Original Actual Agreement !! Final Bill Total Exceeds Original Amount by:&lt;br /&gt;
|-&lt;br /&gt;
| 0-$25,000 || 50%&lt;br /&gt;
|-&lt;br /&gt;
| $25,000-$100,000 || 40%&lt;br /&gt;
|-	&lt;br /&gt;
| Exceeds $100,000 || 30%&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
Should multiple UT05s be required with the same utility owner, the UT05 should be modified for additional supplemental agreements. Once the final invoice on an UT05 is submitted to Financial Services, district utilities staff should change the status on the agreement in eAgreements to “completed”.&lt;br /&gt;
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==643.2.13 Utility Adjustments in Roadway Plans and Job Special Provisions (JSPs)==&lt;br /&gt;
It is the responsibility of the MoDOT Transportation Project Manager (TPM) to ensure utility plans of adjustment are shown on the project plans at the Plan, Specification, and Estimate (PS&amp;amp;E) stage based upon information coordinated by the district utilities staff with the appropriate utility owner.&lt;br /&gt;
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===643.2.13.1 Plans===&lt;br /&gt;
A legend showing all applicable utility symbols and the names of the utility owners is shown on the first special utility sheet. In the absence of special utility sheets, this information may be shown on the title sheet or the first plan and profile sheet. The following note is required to be placed on the title sheet or the first plan and profile sheet and the first special utility sheet (if used) to inform contractors of the suitability of the utility information contained on the plans.&lt;br /&gt;
&lt;br /&gt;
&amp;quot;The existence and approximate location of utility facilities known to exist, as shown on the plans, are based on the best information available to the Commission at this time. This information is provided by the Commission &amp;quot;as-is&amp;quot; and the Commission expressly disclaims any representation or warranty as to the completeness, accuracy, or suitability of the information for any use. Reliance upon this information is done at the risk and peril of the user, and the Commission shall not be liable for any damages that may arise from any error in the information&amp;quot;.&lt;br /&gt;
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===643.2.13.2 Job Special Provisions===&lt;br /&gt;
Since the addition of utility information on the plans, supplied by a third party, could subject the Missouri Highway and Transportation Commission to additional liability, a Utility JSP reflecting the status of utility adjustments will be required. The JSP will include the name, address, e-mail address, and telephone number of all utility owner representatives for all utility facilities located on the project. The anticipated adjustment completion date for each utility adjustment is also to be shown based on the agreed upon dates, durations, or completion dates with the utility owner’s representative. This information will inform the bidder of the status of utilities for proper work coordination that could affect the bids for the proposed highway construction project. Status notations will include general notations such as: “N/A”, “Work is in progress”, “Work has not started”, “Work is complete”, and “Work is included in contract.”&lt;br /&gt;
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===643.2.13.3 PS&amp;amp;E Submittal===&lt;br /&gt;
In the District Final Plans Submittal Checklist (D-12), the TPM should note any issues related to existing utility facilities or the adjustment of utility facilities either shown or not shown on the plans. Projects with “No Utility Impacts” such as some overlays, striping, bridge washing, etc. do not need a Utility Status Letter or Utility JSP. The D-12 is used for these projects. In the D-12, under Project Details – “Utilities”, the note “NO” is selected and under “Status”, select “Clear”. For all other projects, the district utilities staff will write a Utility Status Letter. The TPM will include the Utility Status Letter with the submittal of the final plans to the Design Division. The Utility Status will be defined as:&lt;br /&gt;
# Utility facilities are present, but no conflict is anticipated with the highway construction project. Or,&lt;br /&gt;
# All utility facilities requiring adjustment to allow highway construction have been physically adjusted on the project. Or,&lt;br /&gt;
# Utility construction work is planned or active and will be completed to such a point that no impact will be expected to the highway construction project. The status of this work is defined in the utility JSP. Or,&lt;br /&gt;
# Utility facilities are not expected to be adjusted by the notice to proceed date for the road project, but the utility work will have no impact on the progress of the highway construction project. The status of this work is defined in the utility JSP. Or,&lt;br /&gt;
# Utility facilities must be adjusted after the road contractor completes stage construction or in coordination with the contractors’ work. Details of the coordination effort required of the contractor are defined in the utility JSP to properly advise bidders. Or,&lt;br /&gt;
&lt;br /&gt;
# Utility adjustment plans and specifications are included in the bid documents for the highway construction project. A UT04 agreement must be executed.&lt;br /&gt;
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==643.2.14 Payment to Utility Companies for Reimbursable Work==&lt;br /&gt;
Authorization and federal funding obligation must be approved prior to incurring costs. This applies to all types of work on utility facilities including preliminary engineering. An obligation is a commitment by the federal government to reimburse MoDOT for the federal share of a project’s eligible cost.&lt;br /&gt;
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===643.2.14.1 Obligation Process===&lt;br /&gt;
Federal funding can be used with both lump sum and actual cost agreements. After the utility agreement is fully executed, the district utilities staff will email a copy of the utility agreement or the letter agreement referencing the MRUA to the email group OBLIGATE. This email should request the authorization authority for use of federal funds and to be informed of a Notice to Proceed (NTP) (see [[#643.2.15_Notice_to_Proceed|EPG 643.2.15]]) date by Financial Services once federal funding has been obligated. District utilities staff should allow three (3) weeks to receive the NTP. Financial Services will use Advance Construction (AC) funding to fund reimbursement to utility owners. With AC funding, state funds initially are used to pay for reimbursement to utility owners. Once construction is complete, with appropriate documentation of the work via the [https://epg.modot.org/forms/general_files/DE/C-9.docx C-9] and [https://epg.modot.org/forms/general_files/DE/C-13.docx C-13], Financial Services will convert to federal funding.&lt;br /&gt;
&lt;br /&gt;
===643.2.14.2 Preliminary Engineering===&lt;br /&gt;
On occasion, preliminary engineering (PE) may need to be undertaken by the utility owner prior to the execution of a utility agreement. If a utility owner has a MRUA, an estimate of the cost of the PE work by the utility owner may be used to obligate funding for preliminary engineering under the MRUA as a PE only letter agreement. If a lump sum or actual cost agreement will be required with the utility owner for the project, district utilities staff should do two (2) agreements with one agreement covering PE only, and once a design for the adjustment is obtained, a second agreement for the construction of the adjustment should be executed. If a separate PE only agreement is obtained, NTP will need to be issued twice to the utility owner: once for PE and once for construction.&lt;br /&gt;
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===643.2.14.3 Right of Way===&lt;br /&gt;
Once Notice to Proceed has been given, the utility owner may begin the right of way acquisition process. If the utility owner needs to acquire right of way prior to a full agreement for relocation has been negotiated, the agreement specifically for the acquisition of right of way should be executed. This agreement will be sent to Financial Services to begin the obligation process.&lt;br /&gt;
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===643.2.14.4 Construction===&lt;br /&gt;
Payment to utility owners for construction of the adjustment may occur in a number of phases.&lt;br /&gt;
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====643.2.14.4.1 Prepayment====&lt;br /&gt;
Per the utility agreement, the Commission allows utility owners to be prepaid prior to commencing work. The district utilities staff may negotiate the prepayment if the utility owner is receptive. The utility owner will submit a request for prepayment with an invoice prior to any prepayment. Route, county, and job number must be included in the request. The district utilities staff will submit a request to Financial Services with a copy saved in MoProjects for future reference by the district staff responsible for inspection of the utility adjustment.&lt;br /&gt;
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====643.2.14.4.2 Progress Payments====&lt;br /&gt;
If a utility owner has not been prepaid the entire estimated amount in the utility agreement, then the utility owner may request progress payments after completing a portion of the proposed work, including PE.&lt;br /&gt;
&lt;br /&gt;
Progress payments for PE by consultants should not exceed the &amp;quot;maximum not to exceed amount&amp;quot; shown in the cost estimate unless additional costs are approved first by district utilities staff.&lt;br /&gt;
&lt;br /&gt;
For progress payments, the utility owner is required to submit only a summary of work and materials for which payment is claimed, not a detailed billing. District utilities staff should check only to be sure that sufficient work has been done to justify making the requested payment. Payment should be made for allowable costs incurred up to the date of the progress payment request.&lt;br /&gt;
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Progress payment invoices do not relieve the utility owner of the responsibility of submitting one complete and final invoice upon completion of the adjustment. The utility owner’s address must be shown on the invoice. The district utilities staff should submit progress payment invoices and applicable C-9s to Financial Services within one (1) week of receipt of invoice.&lt;br /&gt;
&lt;br /&gt;
One copy of the progress payment and one copy of the district utilities staff letter of recommendation must be sent to Financial Services for payment and be stored in MoProjects. The cover memo should include the project number, route, county, actual cost or lump sum utility agreement, Commission obligation percentage, total cost estimate of Commission obligation, and indicate the progress payment number, i.e., progress payment number 1, 2, 3, etc. If more than one progress payment is requested by the utility company, the district should submit progress payment bills to Financial Services in the following format:&lt;br /&gt;
{| class=&amp;quot;wikitable&amp;quot; style=&amp;quot;margin-left: 25px; text-align:center&amp;quot;&lt;br /&gt;
! Payment !! Amount&lt;br /&gt;
|-&lt;br /&gt;
| Progress Payment #1 || $50,000&lt;br /&gt;
|-&lt;br /&gt;
| Progress Payment #2 || 10,000&lt;br /&gt;
|-	&lt;br /&gt;
| Total Payment to Date || $60,000&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
This format will help clarify payment history with the utility owner. Progress payments for actual cost utility agreements may not exceed the Commission&#039;s total estimated cost shown in the agreement. However, if the request for a progress payment exceeds the original estimate, a change order with explanation should accompany the request. (See [[#643.2.16.5_Change_Orders|EPG 643.2.16.5 Change Orders]].)&lt;br /&gt;
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====643.2.14.4.3 Final Payment====&lt;br /&gt;
Utility owners are required to submit a detailed final invoice to MoDOT for all actual cost reimbursable utility work and for any lump sum reimbursable utility work that was not prepaid. For prepaid lump agreements, the utility owner must submit a zero-dollar ($0) invoice to demonstrate the work has been completed. After the utility work has been fully completed, the district utilities staff responsible for inspection should send the utility owner a “60 Day” [https://epg.modot.org/forms/general_files/DE/FinalInvoiceLetter.docx Final Acceptance Letter] requesting a complete final invoice within 60 days, as detailed in the utility agreement. If the final invoice is not received from the utility owner within 30 days, then a follow up letter should be sent (i.e., “30 Day” [https://epg.modot.org/forms/general_files/DE/FinalInvoiceReminderLetter.docx Reminder Final Invoice Letter]) reminding the utility owner of its obligation to submit a final invoice within 60 days of the completed work. If a final invoice from the utility owner is not received within this timeframe, then the district utilities staff should contact the Design Liaison Engineer for guidance on how to close out the work.&lt;br /&gt;
&lt;br /&gt;
The district utilities staff is expected to check the final bill within two (2) weeks after receipt in as much detail as possible against the C-9. It is their responsibility to verify from field records the quantities of labor, equipment, material used, material retired, and to justify all changes made. If the utility owner’s contractor made the adjustment at unit cost prices, then it is the district utility staff’s responsibility to verify the number of units completed and not the hours of labor and equipment. It is also important for the utility owner to show the words “final bill” or “final invoice” on the last bill, in order for MoDOT to understand that no additional charges will be made on the adjustment. The final bill must show a general description of the utility adjustment, the highway project number, the date on which work was completed or last item of billed expense was incurred, and the location where records can be audited. The order of items in the final statement should follow as closely as possible the order of items in the original estimate. A summary, on the utility owner’s letterhead, of the total cost of preliminary engineering, construction engineering, right of way, labor, overhead, construction travel expense, transportation, equipment, materials, supply, handling, and salvage credits should be shown in a way that will permit direct comparison with the approved estimate from the original or supplemental agreements (see [[#643.2.12.6_Supplemental_Agreements|EPG 643.2.12.6]]).&lt;br /&gt;
&lt;br /&gt;
If the Actual Cost final invoice shows a much higher cost than the original estimate without scope change, the utility owner is required to give reasons in a letter to the district utilities staff explaining why the invoice cost increased. When the Actual Cost final invoice exceeds the amount shown in the table in [[#643.2.12.6_Supplemental_Agreements|EPG 643.2.12.6]], a supplemental agreement is required.&lt;br /&gt;
&lt;br /&gt;
When the district utilities staff has determined that the final invoice is accurate, the C-13 should be completed. Once the C-13 is completed, the C-13 and the final invoice from the utility owner are forward to Financial Services. For Actual Cost agreements, the C-9s should also be included in this transmittal. If no additional payments are required, the district utilities staff should note this in the transmittal as well. If the final invoice indicates previous payments to a utility owner exceeded the final invoice, the utility owner will need to send MoDOT a check for the overpayment amount. The check should be made payable to Director of Revenue – Credit State Road Fund. If the utility owner did not send MoDOT an overpayment check with the final invoice, district utilities staff should send a letter to the utility owner requesting the refund amount. Submittal of the final invoice to Financial Services should not occur until repayment has been received. The submittal to Financial Services should note the receipt of the repayment check.&lt;br /&gt;
&lt;br /&gt;
==643.2.15 Notice to Proceed==&lt;br /&gt;
For PE only, once an agreement has been executed, and Financial Services has advised that authorization from FHWA has been received, district utilities staff will issue a notice to proceed (NTP) letter to the utility owner for the PE. For agreements that include PE and construction or once a final agreement for construction has been executed, right of way clearance has been issued, and Financial Services has advised that authorization from FHWA has been received, the district utilities staff will issue NTP to the utility owner for construction. See Example of Notice to Proceed Letter. If salvage credit is part of the agreement with the utility owner, the NTP letter should include a statement that the utility owner will need to inform district utilities staff of the time and place that inspection may be made of the removed material. The utility owner may be held accountable for full value of materials disposed without proper notice. Utility owners may purchase materials prior to NTP for construction; however, no other work on the adjustment necessary to allow highway construction may begin prior to NTP for construction. The utility owner, for reasons of planning their workload or due to seasonal situations, may request early authorization to perform the work. This request, with the district utilities staff recommendations, is sent to the Design Liaison Engineer for further handling, approval, and advancement of the necessary funds. A copy of the NTP should be saved in MoProjects. If a utility owner begins adjustments prior to NTP for construction, district utilities staff should notify the utility owner immediately in writing that reimbursement will not be made for work done prior to NTP for construction.&lt;br /&gt;
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==643.2.16 Construction of Utility Adjustments==&lt;br /&gt;
===643.2.16.1 Utility Owner Self-Perform===&lt;br /&gt;
As per 23 CFR 645.115 Construction, it may be cost-effective for certain utility adjustments to be performed by a utility owner with its own internal forces and equipment, provided the utility owner is qualified to perform the work in a satisfactory manner. This cost-effectiveness finding covers minor work on the utility owner’s existing utility facilities routinely performed by the utility owner with its own forces.&lt;br /&gt;
&lt;br /&gt;
===643.2.16.2 Construction Contract Requirements===&lt;br /&gt;
When the utility owner is not adequately staffed and equipped to perform such work with its own forces and equipment at a time convenient to coordination with the associated highway construction, such work may be done one of four ways for utility adjustments:&lt;br /&gt;
# MoDOT can provide the construction services, via awarded contract to the lowest qualified bidder based on appropriate solicitation. This can be done by including the adjustment work in the roadway improvement project (EPG 643.2.12.4 Utility Agreement for Utility Work Included in Roadway Improvement Project) or by having a utility only project (EPG 643.2.12.5 Utility Only Project).&lt;br /&gt;
# The utility owner can award a construction contract to the lowest qualified bidder based on appropriate solicitation.&lt;br /&gt;
# The utility owner can utilize an existing continuing contract, provided the costs are reasonable (see EPG 643.2.9.1 Independent Cost Estimate).&lt;br /&gt;
# The utility owner can contract for low-cost incidental work, such as tree trimming and the like, without competitive bidding, provided the costs are reasonable (see EPG 643.2.9.1 Independent Cost Estimate).&lt;br /&gt;
&lt;br /&gt;
When a utility owner chooses option 2 to award its own new construction contract, the utility owner must provide the following documents and information to the district utilities staff. These documents need to be provided as soon as the utility owner has chosen to pursue a construction contract. Document 1 must be supplied by all utility owners. Documents 2 and 3 are only required when the utility owner is a local government agency who is also a political subdivision of the state of Missouri (e.g., city-owned utilities, county-owned utilities). All other utility owners are encouraged, but not required, to provide Documents 2 and 3.&lt;br /&gt;
# A statement that the utility owner is not staffed or able to perform the required construction activities with its own forces.&lt;br /&gt;
# A copy of the request for proposal used to secure bids.&lt;br /&gt;
# A list of a minimum of 3 bidders whom they believe can do the work. &#039;&#039;&#039;Political subdivisions are required to advertise for the work&#039;&#039;&#039;.&lt;br /&gt;
# Upon review of these documents, the district utilities staff will advise the utility owner to proceed with the solicitation of bids, but the utility owner will not be permitted to award the contract without the concurrence of district utilities staff. For lump sum agreements, approval of contract work and subcontract work is not required.&lt;br /&gt;
&lt;br /&gt;
The following documents need to be provided as soon as the utility owner has determined the lowest qualified contractor and would like to award the project. Document 1 must be supplied by all utility owners. Document 2 is only required when the utility owner is a local government agency who is also a political subdivision of the state of Missouri (e.g., city-owned utilities, county-owned utilities). All other utility owners are encouraged, but not required, to provide Document 2.&lt;br /&gt;
# The name address of the lowest qualified contractor.&lt;br /&gt;
# The tabulation of bids received and other information to support their recommendation for award to the lowest qualified bidder.&lt;br /&gt;
&lt;br /&gt;
The district utilities staff will review and approve the utility owner&#039;s bid information prior to the award of the contract. The Design Liaison Engineer is available to assist the district with review of bid information if necessary. Once the district utilities staff provides concurrence, the utility owner may proceed with awarding the contract. When the utility owner is a local government agency who is also a political subdivision of the state of Missouri (e.g., city-owned utilities, county-owned utilities), a copy of the executed contract must be shared with the district utilities staff. All other utility owners are encouraged, but not required, to provide a copy of the executed contract.&lt;br /&gt;
&lt;br /&gt;
A checklist is available for reviewing contracts to ensure the contract conforms to MoDOT policy and complies with applicable federal regulations.&lt;br /&gt;
&lt;br /&gt;
When a utility owner chooses to utilize a an existing continuing contract, the utility owner will submit a copy of the contract to the district utilities staff. The district utilities staff will review the contract for reasonableness of cost. If district utilities staff and the utility owner’s representative cannot agree on the reasonableness of cost, then the utility owner will be required to award a new construction contract.&lt;br /&gt;
&lt;br /&gt;
===643.2.16.3 Inspection===&lt;br /&gt;
The degree of inspection needed for utility adjustments will vary considerably with the nature and location of the work and whether the Commission is responsible for any portion of the cost of reimbursement. Judgment must be used regarding the manner and regularity of inspection duties. Some phases of the work require a very close check to ensure that the highway will not be adversely affected and to ensure satisfactory performance of work in accordance with the agreement and plans. The degree of inspection may vary from spot checking of overhead installations to continuous close observation of backfilling trenches beneath proposed pavement, embankment area, or adjacent to bridge abutments. Proper inspection can ensure that the utility adjustment is completed as efficiently as possible to minimize future impacts to the utility facility and the highway construction project. A [https://epg.modot.org/forms/general_files/DE/UtilityFieldInspectionChecklist.docx Field Inspection Checklist] to assist district utilities staff responsible for inspection is available.&lt;br /&gt;
&lt;br /&gt;
If it is found that any actual cost reimbursable utility adjustment is being performed by unapproved contractors, district utilities staff should direct the work to stop. The utility owner’s representative should be informed immediately and should be advised in writing that the costs incurred by an unapproved contractor are not eligible for reimbursement under provisions of the agreement. The district utilities staff can take appropriate steps to approve a subcontract and advise when the utility owner can recommence work.&lt;br /&gt;
&lt;br /&gt;
===643.2.16.4 Documentation===&lt;br /&gt;
All documents related to the construction of the utility adjustment necessary to allow highway construction should be stored in MoProjects.&lt;br /&gt;
&lt;br /&gt;
Construction records must be kept to confirm that work is done in accordance with the terms of the agreement and in the manner proposed in the plans. The importance of a complete and accurate record cannot be overemphasized. Detailed records are necessary to support the recommendation for payment of the final invoice. A complete, separate daily record must be kept on each actual cost adjustment and submitted for review when the final invoice is recommended for payment. This district utilities staff responsible for inspection should complete the Daily Utility Report (C-9).&lt;br /&gt;
&lt;br /&gt;
====643.2.16.4.1 Utility Reports====&lt;br /&gt;
The Daily Utility Report ([https://epg.modot.org/forms/general_files/DE/C-9.docx Form C-9]) and the Final Utility Report ([https://epg.modot.org/forms/general_files/DE/C-13.docx Form C-13]) are used for documenting utility adjustments necessary to allow highway construction. The use of C-9s and C-13s will vary with method of reimbursement. For utility adjustments necessary to allow highway construction that overlap with the highway contractor’s work, progress records should be kept as necessary to coordinate the highway and utility construction activities. Sufficient records must be maintained to check and verify the items of labor, equipment, materials, and salvaged items as submitted on the final invoice.&lt;br /&gt;
&lt;br /&gt;
=====643.2.16.4.1.1 Daily Utility Report (C-9)=====&lt;br /&gt;
C-9s are only required for actual cost agreements. The district utilities staff responsible for inspection must in all cases keep records to document inclement weather, down time, and verbal authorization for minor changes. The district utilities staff responsible for inspection must complete a C-9 documenting the number and classification of employees and number of hours worked. Records of material used and of retired materials returned to stock or scrapped must be kept. The utility owner’s major items of equipment must also be recorded. When work is done by the contract method based on unit prices, the district utilities staff responsible for inspection should ascertain that units of work as provided in the bid proposal are measured and recorded to form a basis for checking the final invoice. C-9s should list the location and the number of units of work accomplished for that period. If contract labor or equipment is used by a utility owner on the basis of a bid per hour, per day, etc., it will be necessary to keep records on this labor or equipment time in the same manner as if the utility owner were performing the work with its own internal forces. District utilities staff responsible for inspection should also note all contractors working for the utility owner and the contractor approval authorization dates given in the agreement.&lt;br /&gt;
&lt;br /&gt;
=====643.2.16.4.1.2 Final Utility Report (C-13)=====&lt;br /&gt;
C-13s summarize that the utility adjustment work that was done in accordance with the agreement and plans, the percentage of total cost that is the responsibility of the Commission, and any progress payments that have been made. A C-13 is required for both actual cost and lump sum agreements. The requested numbers shown on line 9 (Commission Estimated Cost) and line 10 (Amount of Final Bill) in the report are the Commission’s total responsibility.&lt;br /&gt;
&lt;br /&gt;
====643.2.16.4.2 Breakdown and Emergency====&lt;br /&gt;
When breakdown and emergency situations occur, prior approval by MoDOT is not required for contract or equipment rental work unless the cost or period of time will be extensive. The utility owner should furnish a letter as soon as possible to explain the situation and set out the estimated costs involved. The district utilities staff’s records should substantiate the need and the changes for personnel and equipment.&lt;br /&gt;
&lt;br /&gt;
====643.2.16.4.3 Stop Work====&lt;br /&gt;
If at any point, a stop work order is given by MoDOT to a utility owner, written documentation of the stop work order should be saved in MoProjects.&lt;br /&gt;
&lt;br /&gt;
===643.2.16.5 Change Orders===&lt;br /&gt;
Any change in the plan of adjustment should be documented in writing to the utility owner as a change order. If the change order is anticipated to exceed $100,000 or 15% of the original agreement amount, district utilities staff should negotiate a supplemental agreement with the utility owner’s representative. Once a supplemental agreement is in place, district utilities staff should contact Financial Services to obtain an adjustment of the obligation mid-project. Change orders without supplemental agreements will be settled once the project is complete.&lt;br /&gt;
&lt;br /&gt;
====643.2.16.5.1 Actual Cost Agreement====&lt;br /&gt;
Slight modifications in quantities or the addition of minor items not included with the original agreement do not require a supplemental agreement. However, such changes should be documented in writing with the utility owner. A supplemental agreement is needed if costs exceed the above threshold or if there is a change in the percentage of cost that is the Commission’s responsibility on an agreement with shared responsibility for costs. Intermediate partial payments cannot be made on items in a supplemental agreement until the supplemental agreement is approved.&lt;br /&gt;
&lt;br /&gt;
====643.2.16.5.2 Lump Sum Agreement====&lt;br /&gt;
A supplemental agreement to a Lump Sum Agreement is only required for significant changes in the scope of work of the utility adjustment necessary to allow highway construction. Normal overruns are not considered as changes in approved work and will not be reimbursed. Significant changes in the scope of work on utility adjustments necessary to allow highway construction cannot be done until the supplemental agreement is approved, and the adjustment in obligation of funds is complete.&lt;br /&gt;
&lt;br /&gt;
==643.2.17 Utilities during Highway Construction==&lt;br /&gt;
The contractor is responsible for having utilities located by contacting Missouri One-Call (811) prior to any excavation on the project. A reminder of this responsibility should be made at the preconstruction meeting.&lt;br /&gt;
&lt;br /&gt;
===643.2.17.1 Preconstruction Meeting (Pre-Con)===&lt;br /&gt;
District utilities staff should be invited to all pre-cons.&lt;br /&gt;
&lt;br /&gt;
Pre-cons fall into three categories relating to utilities:&lt;br /&gt;
# No utility adjustments are anticipated within the project limits,&lt;br /&gt;
# All utility adjustments completed prior to the pre-con, and&lt;br /&gt;
# All utility adjustments not completed prior to the pre-con.&lt;br /&gt;
&lt;br /&gt;
====643.2.17.1.1 No Utility Adjustments Anticipated within the Project Limits====&lt;br /&gt;
For projects without a Utility Job Special Provision (JSP), no involvement of the utility owners is required at the pre-con. For projects with a Utility JSP, the Resident Engineer (RE) should invite all utility owner representatives listed in the JSP with known required adjustment to the pre-con. The RE should review potential impacts of the highway construction project with the contractor and the utility owner.&lt;br /&gt;
&lt;br /&gt;
====643.2.17.1.2 All Utility Adjustments Completed Prior to the Pre-Con====&lt;br /&gt;
The RE should invite all utility owner representatives listed in the JSP with known required adjustment to the pre-con. The RE should review potential impacts of the highway construction project with the contractor and the utility owner. A general discussion should highlight the previous adjustments made by the utility owner and what abandoned utility facilities the contractor may encounter.&lt;br /&gt;
&lt;br /&gt;
====643.2.17.1.3 All Utility Adjustments Not Completed Prior to the Pre-Con====&lt;br /&gt;
It is important for the RE and inspector to understand the utility owner’s work schedule and how it relates to the contractor’s work schedule. During the pre-con, the schedule of the utility owner and highway construction contractor should be discussed, and conflicts should be addressed to allow utility adjustments and highway construction to progress as near to the proposed schedule as possible. On large-scale projects that have many utility issues to address that could impact the work of the highway construction contractor, it may be necessary to have a separate pre-con with utility owner representatives.&lt;br /&gt;
&lt;br /&gt;
===643.2.17.2 Coordination Meetings===&lt;br /&gt;
When the utility work will not be completed soon after the preconstruction meeting, the RE should meet with district utilities staff, the highway construction contractor, and the utility owner representatives on a regular basis to discuss utility coordination issues, so expectations from all parties are known and conveyed clearly. The utility owner may need some work performed by MoDOT or the highway construction contractor prior to completing their adjustments. (Examples include: survey staking of right of way or proposed facilities, trees cleared, grading performed, or new structures built).&lt;br /&gt;
&lt;br /&gt;
==643.2.18 Service Drops==&lt;br /&gt;
Power and communication services provided by utility owners are necessary for the operation of the highway system. These services may include power to traffic signals, lighting, or ITS devices; power for cathodic protection; or telecommunication services to signal controllers or ITS devices. The project design teams should work with district utilities staff to identify proper locations for the applicable utility owners to provide these services. Various utility owners have different requirements for this process. The district utilities staff is encouraged to develop a workable relationship with the utility owners who provide these services to MoDOT. The costs of installing the services charged by the utility owner are considered a non-contractual item and should be accounted for in the project’s budget in the STIP. The proposed location and method for the service drops should be shown on the roadway plans. District utilities staff should meet with the utility owner’s representative to ensure the proposed location can be accommodated by the utility owner. For electrical service connections, the power supply assembly is ideally located a maximum of ten feet (10’) from the source location. Plans submitted for PS&amp;amp;E should reflect the agreed upon location for all service connections. During construction, district utilities staff and district construction staff should work together to ensure the placement of the services is consistent with the project plans. Payment for the service drops should be invoiced by the utility owner to the district. District utilities staff is responsible for submission of the invoice directly to Financial Services for payment noting the non-contractual charges for the project.&lt;br /&gt;
&lt;br /&gt;
==643.2.19 Buy America Build America for Utilities==&lt;br /&gt;
FHWA’s Buy America Build America (BABA) policies require a domestic manufacturing process for all steel or iron products, other construction materials, and manufactured products that are permanently incorporated into Federal-Aid Highway construction projects, including products and materials used for adjustments to utility facilities to allow highway construction. These guidelines are for all federally reimbursable transportation projects where FHWA is the lead federal agency; it does not take precedence over projects where Federal Transit Administration or the Federal Railroad Administration is deemed the be the lead federal agency.&lt;br /&gt;
&lt;br /&gt;
===643.2.19.1 Program Requirements for Utilities===&lt;br /&gt;
All MoDOT projects are federal-aid projects, and therefore, all reimbursable utility adjustments are required to follow the provisions of BABA. More information on MoDOT’s BABA policy and procedures can be found in [[106.9_Buy_America_Requirement|EPG 106.9 Buy America Requirement]]. Specifically, utility owners should be aware of the following procedures for determining applicability of the EPG 106.9 requirements to reimbursable utility adjustments necessary to allow highway construction:&lt;br /&gt;
* BABA does not apply when materials are relocated from one location to another within the project limits.&lt;br /&gt;
* BABA does not apply for materials necessary for temporary utility adjustments assuming materials are removed from the right of way upon completion of the utility adjustment to allow highway construction.&lt;br /&gt;
* Non-reimbursable work must be kept separate from reimbursable work (agreements, permits, etc.) in order to not be subject to BABA.&lt;br /&gt;
&lt;br /&gt;
===643.2.19.2 Certification Requirements for Utilities===&lt;br /&gt;
Utility owners have the option of choosing either to self-certify BABA compliance or provide vendor/manufacturer certification to MoDOT. The method of certification is chosen by the utility owner and is documented in either the MRUA or the project specific agreement. Regardless of agreement type or certification method, the utility owner must be compliant with BABA requirements.&lt;br /&gt;
&lt;br /&gt;
====643.2.19.2.1 BABA Utility Owner Self-Certification====&lt;br /&gt;
If a utility owner chooses to self-certify BABA compliance, the utility owner is not required to provide MoDOT copies of the supplier certification as part of the project documentation or with the final invoice for any reimbursable utility adjustment necessary to allow highway construction. Retention of all documents should be as described in the agreement.&lt;br /&gt;
&lt;br /&gt;
====643.2.19.2.2 BABA Vendor/Manufacturer Certification====&lt;br /&gt;
If a utility owner chooses to use vendor/manufacturer certification, the utility owner will supply MoDOT BABA compliance from all vendors and/or manufacturers. Certification from vendors will be signed by an authorized representative of the vendor on company letterhead or other acceptable documentation and will declare that all supplied materials subject to BABA requirements are fully compliant. Certification from iron or steel manufacturers must be in the form of a mill test report (MTF) issued and signed by the initial fabricator stating the materials subject to BABA were melted and manufactured in the United States. Other written statements on company letter or other acceptable documentation signed by an authorized representative of the manufacturer for any additional treatment to the fabricated material (such as blasting, galvanizing, painting, or coating) will state that all treatment processes occurred in the United States according to FWA guidelines. Retention of all documents should be as described in the agreement. Manufacturer certification for manufactured products or construction materials will state that all materials were sourced from the United States and were fabricated in the United States. Retention of all documents should be as described in the agreement.&lt;br /&gt;
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&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643.3 Reserved for Future Use &#039;&#039;PAGE TITLE&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;&lt;br /&gt;
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&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643.4 Railroads (NO CHANGE) &#039;&#039;PAGE TITLE&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;&lt;br /&gt;
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==236.5.12 Excess Land Conveyances &amp;amp; Relinquishments - Utilities==&lt;br /&gt;
All conveyances and relinquishments of Commission-owned property shall be evaluated for the existence of any utility facilities located within the areas to be conveyed or relinquished. A conveyance or relinquishment of Commission-owned property may have implications to the utility facilities, and the utility owners, when the Commission no longer controls the property. It is important to maintain the continuity of utility facilities for the general public; therefore, to identify and minimize potential impacts, MoDOT shall involve utility owners in the conveyance and relinquishment processes.&lt;br /&gt;
&lt;br /&gt;
===236.5.12.1 Excess Land Conveyances Utilities===&lt;br /&gt;
MoDOT shall only recommend that a property be declared excess upon satisfactorily addressing the utility impacts. Whether MoDOT or an external party initiates the conveyance of excess property, utility impacts shall be adequately addressed by using one of the following methods: &lt;br /&gt;
:1. Each utility facility will be relocated by permit into a new utility corridor retained by the Commission.&lt;br /&gt;
:2. Each utility facility will remain in place with the benefit of a non-exclusive permanent utility easement.&lt;br /&gt;
::&#039;&#039;If the Commission holds fee simple title to the property, the Commission shall convey a non-exclusive permanent utility easement to each utility owner&#039;&#039;.&lt;br /&gt;
::&#039;&#039;If the Commission holds a less than fee simple title interest in the property, MoDOT shall facilitate the conveyance of a non-exclusive permanent utility easement from the party acquiring the property to each utility owner&#039;&#039;.&lt;br /&gt;
:3. Each utility facility will be relocated to another portion of the property being conveyed.&lt;br /&gt;
::&#039;&#039;If the Commission holds fee simple title to the property, the Commission shall convey a non-exclusive permanent utility easement to each utility owner&#039;&#039;. &lt;br /&gt;
::&#039;&#039;If the Commission holds a less than fee simple title interest in the property, MoDOT shall facilitate the conveyance of a non-exclusive permanent utility easement from the party acquiring the property to each utility owner&#039;&#039;.&lt;br /&gt;
:4. Each utility facility will be relocated onto a portion of the property already owned by the party acquiring the Commission-owned property, with the benefit of a non-exclusive permanent easement. (MoDOT shall facilitate the conveyance of a non-exclusive permanent utility easement from the party acquiring the property to each utility owner.)&lt;br /&gt;
:5. A three-party negotiated settlement taking into consideration the overall value of the proposed transaction.&lt;br /&gt;
:6. Additional options to address utility impacts may be utilized with approval from the Asst. to the State Design Engineer - Right of Way.&lt;br /&gt;
&lt;br /&gt;
===236.5.12.2 Road Relinquishment Utilities===&lt;br /&gt;
MoDOT shall only recommend the relinquishment of roadways through the [[236.14 Change in Route Status Report|Change in Route Status Report]] upon satisfactorily addressing the impacts to utility facilities. If the roadway will be relinquished to a local public transportation authority, with the intent that it continues to be used as a public roadway, a clause similar to the following shall be included in the deed from the Commission to the local public transportation authority:&lt;br /&gt;
:&#039;&#039;&amp;quot;Grantee, by acceptance of this conveyance, covenants and agrees for itself, its successors and assigns, to allow known or unknown utility facilities currently located on the property, whether of record or not, to remain on the property, and to grant the current and subsequent owners of those facilities the right to maintain, construct and reconstruct the facilities and their appurtenances over, under, and across the land herein conveyed, along with the right of ingress and egress across the land herein conveyed to and from those utilities.&amp;quot;&#039;&#039; &lt;br /&gt;
&lt;br /&gt;
Proposed roadway relinquishments to private entities shall be reviewed in a manner consistent with the conveyance of excess property described in [[236.5 Property Management#236.5.3 Asset Management Committee|EPG 236.5.3 Asset Management Committee]].&lt;/div&gt;</summary>
		<author><name>Hoskir</name></author>
	</entry>
	<entry>
		<id>https://epg.modot.org/index.php?title=User:Hoskir/Revision_Request_4225&amp;diff=58876</id>
		<title>User:Hoskir/Revision Request 4225</title>
		<link rel="alternate" type="text/html" href="https://epg.modot.org/index.php?title=User:Hoskir/Revision_Request_4225&amp;diff=58876"/>
		<updated>2026-06-22T16:29:18Z</updated>

		<summary type="html">&lt;p&gt;Hoskir: /* 643.2.14.4.2 Progress Payments */&lt;/p&gt;
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&lt;div&gt;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643 Utility Procedures  &#039;&#039;CATEGORY&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt; &lt;br /&gt;
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| ● [https://www.ecfr.gov/current/title-23/chapter-I/subchapter-G/part-64523 CFR 645]&lt;br /&gt;
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| ● [https://www.sos.mo.gov/cmsimages/adrules/csr/current/7csr/7c10-3.pdf7 CSR 10-30]&lt;br /&gt;
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&#039;&#039;&#039;Utility Accommodation Policy:&#039;&#039;&#039; State DOTs are required to develop policies and procedures pertaining to the use, accommodation, and/or relocation of public and private utility facilities on highway rights-of way using Federal-aid highway funds. State DOTs are required to develop, maintain, and obtain FHWA approval of their Utility Accommodation Policy (UAP) (23 CFR section 645.215). This EPG article 643 and subarticles 643.1 through 643.3 are Missouri Department of Transportation (MoDOT)’s Utility Accommodation Policy. Text in EPG 643 consolidates various federal and state statutes and rules into a single, cohesive, workable policy to outline processes for MoDOT staff and utility owners.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Delegation of Work:&#039;&#039;&#039; Each MoDOT district is responsible for ensuring implementation of the UAP outlined in the subsequent EPG articles. Each district can create its own organization for whom is responsible for the work including between divisions and job titles. Work responsibilities within this article and subarticles are generic where possible. If a specific title is included, that title has sole responsibility for that item of work.&lt;br /&gt;
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[[media:144 Major Highway System 2022.pdf|major routes]]&lt;br /&gt;
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&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643.1 Utility Location  &#039;&#039;PAGE TITLE&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt; &lt;br /&gt;
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The information in this article provides a uniform system for regulating the location, construction, maintenance, removal, and relocation of utility facilities on the right of way of roadways located on the state highway system. It also provides for the facilitation of construction and maintenance of these roadways. Any location or relocation of utility facilities contrary to this information is an interference with the construction, maintenance, or operation of a state highway and its right of way and is prohibited.&lt;br /&gt;
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==643.1.1 Permits==&lt;br /&gt;
All utility owners are required to obtain a permit to work on Missouri Highway and Transportation Commission (Commission) right of way. A permit is required for original installation of the utility facility, on-going maintenance of the utility facility, or adjustments to a utility facility necessary to allow highway construction. Per [[127.29_Stormwater#127.29.4.3_MCM_3:_Illicit_Discharge_Detection_and_Elimination_(IDDE)_Program|EPG 127.29.4.3]], discharges of anything other than stormwater are not permitted. A deposit or bond is required to ensure completion of the work in accordance with the permit issued. An [https://www.modot.org/permits application for a permit] may be made on established forms specifically stating the nature of the work to be performed. Applications for permits may be obtained at any of the [https://www.modot.mo.gov/ seven (7) district highway offices] of the Commission, [https://www.modot.mo.gov/ MoDOT&#039;s website], or by requesting it from the office of the Missouri Highways and Transportation Commission in Jefferson City, Missouri. The application for a permit will specifically state the nature of the work to be performed, what specific type of utility facility is to be installed, and, if necessary, the timeframe of any temporary use. Piping of any type of sewage or waste will only be allowed providing any permitting by a regulatory agency, such as Missouri Department of Natural Resources, can be provided. Prior to obtaining a permit through MoDOT’s permit system, a utility owner will be required to provide a bond to ensure satisfactory work and complete a TR50 Electronic Signature Agreement with the Commission. The name of the utility owner must match on the bond, TR50, and in the permit system. More information on permitting can be found in [[:Category:941_Permits_and_Access_Requests|EPG 941]].&lt;br /&gt;
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===643.1.1.1 Emergency Work===&lt;br /&gt;
When emergency operations work is necessary, the damaged utility facility may be accessed immediately and without a permit by leaving the pavement at such points as may be necessary to effect emergency repairs, provided immediate notice is given to the Missouri State Highway Patrol and the district utilities staff for the district wherein the work will be performed, and a permit for emergency operations is requested immediately upon discovery of the need for emergency operations. A permit for emergency operations work is to be obtained as soon as practical, but in no event later than two (2) working days after the emergency operations work has commenced. Emergency operations include, but are not limited to, unplanned work in response to utility facilities being so damaged as to constitute an emergency situation directly affecting or endangering traffic on the highway or public health or safety.&lt;br /&gt;
&lt;br /&gt;
===643.1.1.2 Third-Party Inspection===&lt;br /&gt;
When a utility owner has a large number of projects in a given area or projects involving great complexity, MoDOT reserves the right to limit the number of permits open at any given time. With approval of the district utilities staff, a utility owner may hire a third-party inspector, at their cost. The third-party inspector will allow the utility owner to increase the number of permits open at any given time. The responsibility of the third-party inspector will be to ensure the installation of the utility facility proceeds in a manner consistent with the plans approved in the permit, including all work zone requirements and conformity with MoDOT’s Standards and Specifications. The MoDOT approved third-party inspector will be listed in the permit. MoDOT may audit third-party inspections and revoke the right to use third-party inspections should the inspectors fail to perform their duties.&lt;br /&gt;
&lt;br /&gt;
===643.1.1.3 Abandoned Utility Facilities===&lt;br /&gt;
All utility facilities installed in Commission right of way are the property of the utility owner whether the utility facility is active or inactive. MoDOT may allow a utility facility to remain on Commission right of way whether the utility facility was abandoned for a MoDOT project or at the utility owner’s discretion. MoDOT may place requirements (such as removing inactive fiber optic cables, grouting pipes, removing valves) on the utility owner as part of the process of abandoning a utility facility. Liability for damage to Commission right of way due to an abandoned facility remains the responsibility of the utility owner. In the event MoDOT requires the removal of the abandoned utility facility, responsibility for the cost of the removal will be determined per [[643.2_Local_Utility_Adjustments_-_Public_and_Private#643.2.8_Preliminary_Engineering_(PE)_Requirements|EPG 643.2.8]].&lt;br /&gt;
&lt;br /&gt;
==643.1.2 Definitions==&lt;br /&gt;
&#039;&#039;&#039;Bridge Attachment:&#039;&#039;&#039; A bridge attachment is any utility facility, including communication lines and electrical lines, or any other utility facility of a similar nature that is fastened to a bridge for the purpose of spanning an obstacle.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Clear zone:&#039;&#039;&#039; The total roadside border area starting at the edge of the traveled way, available for safe use by errant vehicles. This area may consist of a shoulder, a recoverable slope, a non-recoverable slope, and/or the area at the toe of a non-recoverable slope available for safe use by an errant vehicle. Clear zone dimensions are provided in the current edition of American Association of State Highway Transportation Officials Roadside Design Guide.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Ditch Line:&#039;&#039;&#039; A line where the roadway ditch meets the back slope. It is located at the lowest point of a V-bottom ditch or furthest point from the roadway of a flat bottom ditch where the roadway slopes back to the existing ground line.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Duct:&#039;&#039;&#039; An enclosed tubular casing, or raceway, for protecting wires, lines, or cables that is often flexible or semi-rigid (1-3% diametric deflection). The casing, or raceway, is separate from the cable or conductor that passes through it.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Encasement:&#039;&#039;&#039; The term encasement means the placing of an installation around and outside of an underground facility consisting of a larger conduit that permits the removal and replacement of the facility. An alternate to the conduit type encasement is reinforced concrete poured around the utility facility. Utility owners are allowed to use any types of material as a carrier and encasement for its facilities as expressly provided for in the permit issued for the installation of the utility facility.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Freeway:&#039;&#039;&#039; A divided arterial highway with full control of access.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Highway:&#039;&#039;&#039; Any public way for vehicular travel, including the entire area within the right of way and related facilities constructed or improved and maintained by the Missouri Highways and Transportation Commission (MHTC) acting through the Missouri Department of Transportation (MoDOT).&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Interchange Limits:&#039;&#039;&#039; For the uniform handling of utility installations only, the limits of an interchange are the outside ramp curve points. See [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_1_TypicalInterchangeLimits_AOD.pdf EPG Figure 643.1.1] for an example.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Interstate System or Other Freeways/Expressways:&#039;&#039;&#039; Interstate highways and highways with fully controlled access.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Major Routes (Interstates, Freeways/Expressways and Principal Arterials):&#039;&#039;&#039; The major highway system is all routes functionally classified as principal arterials. The principal arterial system provides for statewide or interstate movement of traffic. The major roads in Missouri total approximately 5,500 centerline miles.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Minor Routes:&#039;&#039;&#039; The minor highway system is all routes functionally classified as minor arterials or collectors. These routes mainly serve local transportation needs. The minor roads in Missouri total approximately 28,400 centerline miles.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Normal Right of Way Line:&#039;&#039;&#039; An imaginary line that connects sudden breaks in the major right of way points for roadways. Sight distance right of way points (triangles) at roadway intersections are not to be considered as sudden breaks for determining normal right of way.&lt;br /&gt;
[[File:fig_643.1.2-06_2026.jpg|none|700px|thumb|Figure 643.1.2 Normal Right of Way Line.]]&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Private Lines:&#039;&#039;&#039; Privately owned utility facilities which convey or transmit the commodities outlined in the definition of utility facility of this section but devoted exclusively to private use.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Scenic Enhancement Areas:&#039;&#039;&#039; Scenic enhancement areas include areas acquired or so designated as scenic strips, overlooks, rest areas, recreation areas, and the right of way of adjacent roadways and the right of way of roadways that pass through public parks and historic sites as described under 23 USC 138.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Utility Corridor:&#039;&#039;&#039; An area established for the placement of utility facilities parallel to the normal right of way line.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Utility Facility:&#039;&#039;&#039; Privately, publicly, or cooperatively owned line, facility, or system for producing, transmitting, or distributing communications, cable television, power, electricity, light, heat, gas, oil, crude products, water, steam, waste, storm water not connected with highway drainage or any other similar commodity, including any fire or police signal system or street lighting system which directly or indirectly serves the public and does not include privately owned facilities devoted exclusively to private use. The term &amp;quot;utility facility&amp;quot; includes those facilities used solely by the utility owner that are a part of its operating plant.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Utility Owner:&#039;&#039;&#039; The utility owner is the utility company, inclusive of any wholly owned or controlled subsidiary, or city or county which owns utility facilities. The term also includes those government agencies that lease a utility facility for its own use or otherwise dedicated solely to governmental use.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Variance:&#039;&#039;&#039; A one- (1-) time deviation from the requirements for location or relocation of utility facilities on the right of way of highways in the state highway system as established in [https://www.sos.mo.gov/cmsimages/adrules/csr/current/7csr/7c10-3.pdf Title 7 Code of State Regulations 10-3], requested by the utility, and approved by a MoDOT District Design Engineer.&lt;br /&gt;
&lt;br /&gt;
==643.1.3 Location of Utility Facilities==&lt;br /&gt;
Utility facilities paralleling the roadway should be installed in the utility corridor except as outlined below. The utility corridor is the space for all utility owners generally within six feet (6’) of the normal right of way line. When considering if the current utility corridor is available to expand from six feet (6’) to as much as twelve feet (12’), MoDOT determines if the expansion is warranted. In making the determination, MoDOT will consider the existing utilization of the original six feet (6’) corridor. Poles must remain within two feet (2’) of the normal right of way line unless approved by a variance. The utility corridor will only be expanded beyond six feet (6’) if the original six feet (6’) corridor is fully utilized and additional space would be required to accommodate additional utility facilities. Acquisition of additional right of way to establish a twelve feet (12’) corridor is not required on highway construction projects. For depths for underground utility facilities, see [[#643.1.4.1_Minimum_Cover_for_Underground_Facilities|EPG 643.1.4.1]].&lt;br /&gt;
&lt;br /&gt;
Utility facilities crossing the roadway should be installed as close to ninety degrees (90°) to the centerline of the roadway as possible and based on the guidelines below depending on the type of roadway. See [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_3_TypicalUtilityCorridor-InterchangeatMajorRoute_AOD.pdf EPG Figure 643.1.3] and [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_4_TypicalUtilityCorridor-InterchangeatMinorRoute_AOD.pdf EPG Figure 643.1.4] for typical utility corridors around interchanges.&lt;br /&gt;
&lt;br /&gt;
===643.1.3.1 Interstate System or Other Major Freeways/Expressways===&lt;br /&gt;
The installation of all utility facilities on highways of the Interstate System or other major freeways/expressways with fully controlled access are to be installed, serviced, and maintained without entering or leaving the roadway and ramps except at points approved by MoDOT for that purpose and without parking any equipment or storing materials upon the medians, roadway and ramps, or shoulders of the roadways. Cutting or damaging the pavement or paved shoulders is not permitted. New service connections to existing parallel utility facilities are to be permitted only where an outer roadway exists and then only where access is permitted by the Commission. Careful consideration will be given to the location of guys, anchors, braces, and other supports. Generally, good design practice will provide that appurtenances be located at right of way jogs, along intersecting road right of way, or at other similar acceptable locations, so that encroachment is held to an absolute minimum.&lt;br /&gt;
&lt;br /&gt;
No utility facilities will be permitted within the interchange limits of an interchange between fully limited access highways where planned or existing. Utility facilities within the interchange limits of an interchange with a non-access controlled highway will be permitted only along the minor road, provided that all construction, service, and maintenance can be performed from the minor road. Manholes and poles must be located beyond the ramp termini.&lt;br /&gt;
&lt;br /&gt;
For structures carrying or over interstates or other major freeways/expressways, see [[#643.1.5_Bridge_Attachment_Policy|EPG 643.1.5]].&lt;br /&gt;
&lt;br /&gt;
====643.1.3.1.1 Utility Facilities Crossing the Interstate or Other Major Freeways/Expressways====&lt;br /&gt;
=====643.1.3.1.1.1 Overhead Crossings of the Interstate or Other Major Freeways/Expressways=====&lt;br /&gt;
Overhead crossings of utility facilities are permitted only for power transmission and distribution lines and for multiple circuit communication lines where an underground installation is not economically feasible. Supports for existing utility facilities crossing overhead may remain on the right of way provided they are near the right of way line regardless of the presence of an outer road. Supports for new overhead utility facilities crossing overhead may be located on the right of way near the right of way line where an outer roadway exists and are to be located off the right of way where no outer roadway exists. Overhead service crossings are only permitted in isolated cases for residential or commercial establishments when the denial of the crossing would require construction of more than 1,200 feet (1,200’) of utility line to provide the service. Main or distribution line crossings are required to serve a general area other than isolated cases.&lt;br /&gt;
&lt;br /&gt;
=====643.1.3.1.1.2 Underground Crossings of the Interstate or Other Major Freeways/Expressways=====&lt;br /&gt;
Underground crossings of utility facilities are to be continuously encased under the pavement, medians, ramps, and shoulders with the casing extending to the toe of the fill slopes or to the ditch line. In curbed sections, encasement should extend outside the outer curb of the roadways a distance equal to the depth of the encasement at the curb line. Where installed by open trench through unpaved areas, detector tape should be placed approximately one foot (1&#039;) above the encasement. Where an interstate or other major freeway has a parallel outer roadway, encasement should be continuous under all roadways within the right of way.&lt;br /&gt;
&lt;br /&gt;
Manholes or vent pipes are to be located at the right of way line or adjacent to the outer roadway.&lt;br /&gt;
&lt;br /&gt;
For fiber optic cable, encasement should extend from within six feet (6&#039;) of one right of way line to within six feet (6&#039;) of the other right of way line.&lt;br /&gt;
&lt;br /&gt;
Exceptions may be made for encasement as listed in [[#643.1.4.2_Exceptions_to_Encasement|EPG 643.1.4.2]].&lt;br /&gt;
&lt;br /&gt;
=====643.1.3.1.1.3 Parallel Installations along the Interstate or Other Major Freeways/Expressways=====&lt;br /&gt;
New parallel installations on the right of way may be permitted only where an outer roadway exists, provided that poles are within two feet (2&#039;) of the normal right of way line and underground utility facilities are within the utility corridor, and provided that the utility facility can be installed and maintained between the outer roadway and the right of way line. Existing overhead or underground utility facilities that parallel an existing roadway which will be incorporated into a completed highway as an outer roadway may remain in place if all maintenance and service can be performed from an outer roadway and the existing location does not interfere with construction, maintenance, or operation of the completed highway. If an existing parallel utility facility needs to be relocated so as to not interfere with the construction, maintenance, or operation of the completed interstate or other major freeway, poles may be located withing five feet (5’) of the right of way line.&lt;br /&gt;
&lt;br /&gt;
Underground utility facilities are expected to be buried within the utility corridor of sight distance triangles (SDTs) at roadway intersections unless granted a variance. Overhead utility facilities may be allowed to span intersecting roadways with SDTs provided the poles, or supports, are located outside the SDT.&lt;br /&gt;
&lt;br /&gt;
=====643.1.3.1.1.4 Sanitary Sewers within the Right of Way of Interstates or Other Major Freeways/Expressways=====&lt;br /&gt;
New installations of sanitary sewers should follow the applicable guidelines for either underground crossings or parallel installations as appropriate. Existing gravity trunk sanitary sewers should be considered individually and removed or left in place contingent upon its age, condition, feasibility of moving, and maintenance access. Encasement of existing trunk sewers left in place may be required for questionable condition, protection during construction, or heavy fills.&lt;br /&gt;
&lt;br /&gt;
Manholes should be relocated to the right of way lines or adjacent to an outer roadway.&lt;br /&gt;
&lt;br /&gt;
===643.1.3.2 Major Routes===&lt;br /&gt;
For structures carrying or over major routes, see [[#643.1.5_Bridge_Attachment_Policy|EPG 643.1.5]].&lt;br /&gt;
&lt;br /&gt;
====643.1.3.2.1 Major Routes with Partially Controlled Access Right of Way====&lt;br /&gt;
The installation of all utility facilities on highways with partially controlled access right of way are to be installed, serviced, and maintained without entering or leaving the roadway and ramps except at points approved by MoDOT for that purpose and without parking any equipment or storing materials upon the medians, roadway and ramps, or shoulders of the roadways. Cutting or damaging the pavement or paved shoulders is not permitted. Equipment or materials stored within the right of way must be protected by longitudinal barrier or be located outside the clear zone. New service connections to existing parallel utility facilities are to be permitted only where granted by the Commission.&lt;br /&gt;
&lt;br /&gt;
No utility facilities will be permitted within the interchange limits of an interchange between fully limited access highways where planned or existing. Utility facilities within the interchange limits of an interchange with a non-access controlled highway will be permitted only along the minor road, provided that all construction, service, and maintenance can be performed from the minor road. Manholes and poles must be located beyond the ramp termini.&lt;br /&gt;
&lt;br /&gt;
====643.1.3.2.2 Major Routes with Normal Access Right of Way====&lt;br /&gt;
All new utility facilities will be installed and maintained without cutting or damaging the pavement or paved shoulders except in the event underlying rock formations or other obstructions are encountered that prevent boring or pushing operations. A variance may be granted for pavement cuts when the need is established. Pavement cuts may only be made by permits issued when it is impractical to otherwise service and maintain the facility. The installation of all utility facilities is to be installed without parking any equipment or storing materials upon the medians, roadway and ramps, or shoulders of the roadways. Equipment or materials stored within the right of way must be protected by longitudinal barrier or be located outside the clear zone.&lt;br /&gt;
&lt;br /&gt;
====643.1.3.2.3 Utility Facilities Crossing Major Routes====&lt;br /&gt;
=====643.1.3.2.3.1 Overhead Crossings of Major Routes=====&lt;br /&gt;
Supports for utility facilities crossing overhead should be located as near the right of way line as possible. For major routes with controlled access right of way, new overhead service crossings may be permitted in isolated cases for residential or commercial establishments where the denial of such crossings would require the construction of more than 1,200 feet (1,200’) of utility line to provide the same service. For major routes with normal access right of way, there is no restriction on the placement of service crossings.&lt;br /&gt;
&lt;br /&gt;
=====643.1.3.2.3.2 Underground Crossings of Major Routes=====&lt;br /&gt;
Underground crossings of utility facilities are to be continuously encased under the pavement, medians, ramps, and shoulders with the casing extending to the toe of the fill slopes or to the ditch line. In curbed sections, encasement should extend outside the outer curb of the roadways a distance equal to the depth of the encasement at the curb line. Where installed by open trench through unpaved areas, detector tape should be placed approximately one foot (1&#039;) above the encasement. Where a major route has a parallel outer roadway, encasement should be continuous under all roadways within the right of way.&lt;br /&gt;
&lt;br /&gt;
Manholes or vent pipes are to be located at the right of way line or adjacent to the outer roadway.&lt;br /&gt;
&lt;br /&gt;
For fiber optic cable, encasement should extend from within six feet (6&#039;) of one right of way line to within six feet (6&#039;) of the other right of way line.&lt;br /&gt;
&lt;br /&gt;
Exceptions may be made for encasement as listed in [[#643.1.4.2_Exceptions_to_Encasement|EPG 643.1.4.2]].&lt;br /&gt;
&lt;br /&gt;
====643.1.3.2.4 Parallel Installations along Major Routes====&lt;br /&gt;
New parallel installations on the right of way may be permitted provided that poles are within two feet (2&#039;) of the normal right of way line and underground utility facilities are within the utility corridor. Existing overhead or underground utility facilities that parallel an existing roadway which will be incorporated into a completed highway may remain in place if all maintenance and service can be performed without entering or leaving the roadway except at approved access points; without parking equipment or storing materials on the median, pavement, ramps, or shoulders; and the existing location does not interfere with construction, maintenance, or operation of the completed highway. If an existing parallel utility facility needs to be relocated so as to not interfere with the construction, maintenance, or operation of the completed highway, poles may be located withing five feet (5’) of the right of way line.&lt;br /&gt;
&lt;br /&gt;
Existing steel pipe transmission and distribution facilities for gaseous petroleum products that parallel an existing roadway that will be incorporated into the completed roadway may be left in place subject to an agreement by the utility owner that maintenance or service and facility expansion will be performed without cutting or damaging the pavement or interfering with the construction, maintenance, and operation of the highway and provided that the facility is cathodically protected against corrosion and meets the applicable material requirements.&lt;br /&gt;
&lt;br /&gt;
Underground utility facilities are expected to be buried within the utility corridor of sight distance triangles (SDTs) at roadway intersections unless granted a variance. Overhead utility facilities may be allowed to span intersecting roadways with SDTs provided the poles, or supports, are located outside the SDT.&lt;br /&gt;
&lt;br /&gt;
====643.1.3.2.5 Sanitary Sewers within the Right of Way of Major Routes====&lt;br /&gt;
New installations of sanitary sewers should follow the applicable guidelines for either underground crossings or parallel installations as appropriate. An existing gravity trunk sanitary sewer should be considered individually and removed or left in place contingent upon its age, condition, feasibility of moving, and maintenance access. If an existing parallel gravity main is left in place within the limits of the paved surface, paved shoulder lines, or curb lines, stub mains as required will be laid between the sewer main and curb or shoulder lines for future service connections in each block. Manholes should be relocated outside the traveled roadway as near the right of way line as practical.&lt;br /&gt;
&lt;br /&gt;
===643.1.3.3 Minor Routes===&lt;br /&gt;
For structures carrying or over minor routes, see [[#643.1.5_Bridge_Attachment_Policy|EPG 643.1.5]].&lt;br /&gt;
&lt;br /&gt;
====643.1.3.3.1 Utility Facilities Crossing Minor Routes====&lt;br /&gt;
=====643.1.3.3.1.1 Overhead Crossings of Minor Routes=====&lt;br /&gt;
Existing overhead crossings that interfere with construction, maintenance, or operation should be relocated with their supports as near the right of way line as is practical. New overhead crossing installations should be located with their supports as near the right of way line as is practical.&lt;br /&gt;
&lt;br /&gt;
=====643.1.3.3.1.2 Underground Crossings of Minor Routes=====&lt;br /&gt;
All new utility facilities should be installed and maintained without cutting or damaging the pavement or paved shoulders. A variance may be granted for pavement cuts when servicing and maintaining the facility by any other methods is impractical. Pavement cuts may only be made by permits issued. Underground crossings of utility facilities are to be continuously encased under the pavement, medians, ramps, and shoulders with the casing extending to the toe of the fill slopes or to the ditch line. In curbed sections, encasement should extend outside the outer curb of the roadways a distance equal to the depth of the encasement at the curb line. Where installed by open trench through unpaved areas, detector tape should be placed approximately one foot (1&#039;) above the encasement.&lt;br /&gt;
&lt;br /&gt;
Manholes or vent pipes are to be located at the right of way line or adjacent to the outer roadway.&lt;br /&gt;
&lt;br /&gt;
For fiber optic cable, encasement should extend from within six feet (6&#039;) of one right of way line to within six feet (6&#039;) of the other right of way line.&lt;br /&gt;
&lt;br /&gt;
Exceptions may be made for encasement as listed in [[#643.1.4.2_Exceptions_to_Encasement|EPG 643.1.4.2]].&lt;br /&gt;
&lt;br /&gt;
====643.1.3.3.2 Parallel Installations along Minor Routes====&lt;br /&gt;
New parallel installations on the right of way may be permitted provided that poles are within two feet (2&#039;) of the normal right of way line and underground utility facilities are within the utility corridor. Existing overhead or underground utility facilities that parallel an existing roadway which will be incorporated into a completed highway may remain in place if all maintenance and service can be performed without entering or leaving the roadway except at approved access points; without parking equipment or storing materials on the median, pavement, ramps, or shoulders; and the existing location does not interfere with construction, maintenance, or operation of the completed highway. If an existing parallel utility facility needs to be relocated so as to not interfere with the construction, maintenance, or operation of the completed highway, poles may be located within five feet (5’) of the right of way line.&lt;br /&gt;
&lt;br /&gt;
Underground utility facilities are expected to be buried within the utility corridor of sight distance triangles (SDTs) at roadway intersections unless granted a variance. Overhead utility facilities may be allowed to span intersecting roadways with SDTs provided the poles, or supports, are located outside the SDT.&lt;br /&gt;
&lt;br /&gt;
====643.1.3.3.3 Sanitary Sewers within the Right of Way of Minor Routes====&lt;br /&gt;
New installations of sanitary sewers should follow the applicable guidelines for either underground crossings or parallel installations as appropriate. An existing gravity trunk sanitary sewer should be considered individually and removed or left in place contingent upon its age, condition, feasibility of moving, and maintenance access. If an existing parallel gravity main is left in place within the limits of the paved surface, paved shoulder lines, or curb lines, stub mains as required will be laid between the sewer main and curb or shoulder lines for future service connections in each block. Manholes should be relocated outside the traveled roadway.&lt;br /&gt;
&lt;br /&gt;
===643.1.3.4 Roundabouts===&lt;br /&gt;
Regardless of roadway type, it is desirable to avoid locating utility facilities and their access points within the circulatory roadway. If possible, utility facilities are located in the legs of the roundabout to allow for future maintenance and access at an isolated leg versus affecting the entire roundabout. See [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_5_TypicalLocationofUtilityFacilitiesnearRoundabouts_AOD.pdf EPG Figure 643.1.5] for an example.&lt;br /&gt;
&lt;br /&gt;
===643.1.3.5 Utility Facilities in Scenic Enhancement Areas===&lt;br /&gt;
All existing utility facilities within the limits of a scenic enhancement area requiring adjustment because of construction or reconstruction will be placed underground or relocated beyond the limits of the scenic enhancement area. No new above ground facilities will be permitted. New underground facilities will be permitted provided they do not extensively alter or impair the appearance of the area.&lt;br /&gt;
&lt;br /&gt;
==643.1.4 Installation of Utility Facilities==&lt;br /&gt;
The following sections provide information on the physical installation of utility facilities within highway right of way.&lt;br /&gt;
&lt;br /&gt;
===643.1.4.1 Minimum Cover for Underground Facilities===&lt;br /&gt;
The minimum cover for new underground utilities is:&lt;br /&gt;
* Forty-two inches (42”) for all water lines (parallel and crossings).&lt;br /&gt;
* Forty-two inches (42”) for fiber optic cable (crossings encased in rigid conduit).&lt;br /&gt;
* Seventy-two inches (72”) for fiber optic cable (crossings encased in polyethylene (PE) pipe).&lt;br /&gt;
* Thirty inches (30”) for direct burial and in trench fiber optic cable (parallel).&lt;br /&gt;
* Twenty-four inches (24”) for all other direct burial copper or coaxial cable, (parallel).&lt;br /&gt;
* Seventy-two inches (72”) for uncased polyethylene (PE) gas pipe crossings under ditches and roadways but thirty inches (30”) elsewhere.&lt;br /&gt;
* Thirty inches (30”) for all other (such as, but not limited to, gravity sewers, forced sewers, and electric) underground utilities (both parallel and crossing).&lt;br /&gt;
&lt;br /&gt;
===643.1.4.2 Exceptions to Encasement===&lt;br /&gt;
Exceptions may be made for encasement as follows:&lt;br /&gt;
* Non-fiber communication or electric cables installed in ducts.&lt;br /&gt;
* Welded steel pipelines carrying gaseous or liquid petroleum products - provided they are cathodically protected against corrosion, triple-coated in accordance with accepted pipeline construction standards, and meet applicable material requirements.&lt;br /&gt;
* Natural gas distribution pipe (nominal six-inch (6”) diameter maximum) of polyethylene (PE) plastic, traceable, installed by a horizontal bore method at a minimum depth of seventy-two inches (72”) under ditches and roadways, constructed in accordance with and meeting applicable material requirements.&lt;br /&gt;
* Gas service connections protected and constructed in accordance with and meeting applicable material requirements.&lt;br /&gt;
* Encasement is not required for new trunk sanitary sewer crossings of vitrified clay, reinforced concrete or cast iron except when installation procedures would produce voids in the roadbed, heavy fills, or installations under pressure.&lt;br /&gt;
&lt;br /&gt;
===643.1.4.3 Above Ground or Ground Level Appurtenances===&lt;br /&gt;
Appurtenances protruding more than four inches (4”) above the ground line should be located outside the clear zone. If no feasible alternative exists and if permitted by a variance, appurtenances may be allowed within the clear zone if they meet breakaway criteria or will be shielded by a traffic barrier. Good design practice will provide that appurtenances be located at right of way jogs, along intersecting road right of way, or at other similar acceptable locations, so that encroachment is held to an absolute minimum. Cables, wires, small diameter pipes, and other such utility appurtenances extending from the surface of the ground should be equipped with covers or guards to improve their visibility. Appurtenances within sidewalks or street level pedestrian access routes are to be in conformance with the Americans with Disabilities Act requirements.&lt;br /&gt;
&lt;br /&gt;
The maximum pull box width perpendicular to the right of way line within the utility corridor is thirty inches (30”).&lt;br /&gt;
&lt;br /&gt;
===643.1.4.4 Overhead Utility Facilities===&lt;br /&gt;
The vertical clearance of new or existing overhead installations will not be less than the current minimum requirements of the National Electric Safety Code, but in no case less than eighteen feet (18’) inclusive of sag above the groundline for electrical facilities. Clearance may be reduced for overhead installations of cable, telephone, or fiber optic facilities.&lt;br /&gt;
A minimum radial clearance of twenty-five feet (25’) is provided from any utility facility to the nearest part of any bridge structure. A minimum radial clearance of ten feet (10’) is provided from the nearest charged electrical line to a MoDOT signal, lighting, ITS, or overhead sign structure.&lt;br /&gt;
&lt;br /&gt;
===643.1.4.5 Approved Materials===&lt;br /&gt;
Utility owners are allowed to use any material for underground utility facilities including carrier and encasement provided they accept responsibility for any future repairs and/or replacement of damaged MoDOT facilities should a failure occur. This will allow the use of current technology and procedures to provide the best value to its subscribers and the taxpayers of Missouri. For materials that MoDOT also uses in its highway system, utility owners must provide materials that meet the current [https://www.modot.org/missouri-standard-specifications-highway-construction Missouri Standard Specifications for Highway Construction]. For materials not listed in the Missouri Standard Specifications for Highway Construction, the utility owner should provide documentation of the standards used to determine suitability of the material.&lt;br /&gt;
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===643.1.4.6 Cutting===&lt;br /&gt;
In the event permission is granted to cut an existing concrete or asphalt pavement or sidewalk, the appropriate provisions below should be followed.&lt;br /&gt;
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====643.1.4.6.1 Pavement====&lt;br /&gt;
All pavement cuts should be made with a saw to the full depth of the pavement. The width of the cut is typically determined by the width of the trench plus a minimum one foot (1’) on each side of the trench. In the event the distance to any adjacent longitudinal or transverse joint or crack is less than four feet (4’), the pavement must be removed to the joint or crack. Cuts for perpendicular service tie-ins should be a minimum of three feet (3’) wide. Longitudinal main installations are typically cut at a minimum of half the lane width, but in no instance should the cut be along the wheel path of the lane.&lt;br /&gt;
[[File:fig_643.1.6-06_2026.jpg|800px|none|thumb|Figure 643.1.6 Pavement Repair Dimension Requirements.]]&lt;br /&gt;
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The utility facilities should be placed in a location with the least impact to the roadway. Typically, this leads to placement in the shoulder when available followed by the two-way left turn lane (TWLTL), and then outside lanes before allowing placement in interior through lanes. Lane switching should be kept to a minimum and should not be used to minimize repair sizes. Cuts for mains or service leads that may not be perpendicular to the roadway should be squared-off.&lt;br /&gt;
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Replacement of cut pavement should be full depth concrete in accordance with the current version at the time of installation of Section 613.10 Full Depth Pavement Repairs of the Missouri Standard Specifications for Highway Construction and the Missouri Standard Plans for Highway Construction. If the area of the pavement repair is not to be fully resurfaced all joints including the overcut from the sawing operation should be filled with an expansive mortar, epoxy, polyester, or joint material as approved by the Engineer in accordance with Section 1057 of the Missouri Standard Specifications for Highway Construction.&lt;br /&gt;
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====643.1.4.6.2 Pedestrian Access Routes====&lt;br /&gt;
All cuts in the pedestrian access routes whether asphalt or concrete should be made by saw and be the full depth of the material. Entire slabs of concrete sidewalk should be removed. Repair of the pedestrian access route must meet Americans with Disability Act requirements, see [[:Category:642_Pedestrian_Facilities|EPG 642]]. Cuts through curb ramps or detectable warning areas are not permitted. Rather the entire curb ramp or detectable warning area must be removed and replaced. MoDOT district ADA contacts can help ensure ADA compliance of impacted pedestrian access routes.&lt;br /&gt;
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===643.1.4.7 Non-disturbance Areas===&lt;br /&gt;
MoDOT has certain areas of right of way where mowing, spraying, digging, or other vegetation disturbance activities are restricted. These areas have been established to mitigate the environmental impacts of a previous project and should be avoided. If the areas cannot be avoided, contact MoDOT’s Environmental Section.&lt;br /&gt;
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==643.1.5 Bridge Attachment Policy==&lt;br /&gt;
No utility facility will be permitted in or on a structure carrying an interstate or other freeway unless it is part of a federal requirement or for MoDOT’s use. When the structure carries any other road type and no other practical means exists for the crossing, wires (communication, electrical, fiber, or metal) will be permitted. Electrical lines must be located to cause minimum exposure to MoDOT maintenance personnel and the public. Pressurized pipelines for gas or other petroleum products and water and all sewer lines are prohibited on all structures due to the risks associated with their failure.&lt;br /&gt;
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===643.1.5.1 Agreement===&lt;br /&gt;
An agreement is required for all utility facilities attached to any structure. A charge will be made for the increased maintenance costs involved. This fee is set by the Bridge Division. When permitted, a 50-year occupational agreement is executed with the utility owner. Agreement BR04 Utility Attachment Agreement is used when an attachment is added to a bridge during its construction. Agreement BR09 Bridge Attachment Agreement is used when an attachment is added to an existing bridge.&lt;br /&gt;
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===643.1.5.2 Requests===&lt;br /&gt;
Requests to attach facilities to structures is a multi-step process. Bridge Division is responsible for approval of the bridge attachment. If at any point in the process, Bridge Division determines the attachment to be unacceptable, a reason is to be provided.&lt;br /&gt;
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To start, the utility owner submits a conceptual request to the district utilities staff. The conceptual request consists of an explanation of the proposal; a general location sketch (i.e., which side of the bridge); and details on the facility, length, and weight per foot when full. The district utilities staff should work with all relevant district personnel including the District Bridge Engineer in reviewing and recommending the attachment. The district utilities staff will submit the recommended details to the Bridge Division to determine the applicable costs including future maintenance costs and for attachments to new bridges, design and construction. Once the Bridge Division has determined the cost, the district utilities staff shares the cost with the utility owner for their concurrence with furthering the process. For new bridges, if the utility owner concurs with the costs, the district utility staff will prepare the BR04 Agreement for execution by the utility owner and the Commission. MoDOT will be responsible for the design and construction of attachments to new bridges. For existing bridges, the district utilities staff will forward the applicable as-built bridge plans to the utility owner for its use in designing the bridge attachment. The utility owner will provide detailed design drawings, signed and sealed by a professional engineer in the State of Missouri, to the district utilities staff for review. The district utilities staff should work with all relevant district personnel, including the District Bridge Engineer, in reviewing and recommending the details of the attachment to the Bridge Division. Once Bridge Division approves, the Bridge Division will prepare the BR09 Agreement for execution by the utility owner and the Commission. The utility owner is responsible for the construction of attachments to existing bridges. A flow chart, [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_7_BridgeAttachementProcess_AOD.pdf EPG Figure 643.1.7], of the process is available.&lt;br /&gt;
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Payment from the utility owner for the attachment will be sent to Financial Services by district utilities staff. For BR04 agreements, district utilities staff should discuss with Financial Services how to get the payment credited to the project constructing the attachment. For BR09 agreements, district utilities staff should copy Bridge Division on correspondence with Financial Serves. Checks should be made payable to Director of Revenue, Credit State Road Fund.&lt;br /&gt;
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For requests from government entities such as cities, counties, and other municipalities, the requested information should be submitted to Bridge Division as described above. However, the district utilities staff will take the lead in preparing the DE10 County Agreement or DE11 Municipal Agreement, as applicable, with input from Bridge Division and Bridge Maintenance. All fees are waived for government entities.&lt;br /&gt;
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===643.1.5.3 Considerations===&lt;br /&gt;
The following considerations are made in determining the acceptability of a bridge attachment. Unique situations will be discussed with the Bridge Division as required.&lt;br /&gt;
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====643.1.5.3.1 Bridge Asset Management Program====&lt;br /&gt;
Requests for bridge attachments should be reviewed for consistency with the district’s upcoming bridge asset management program needs. If a structure is due for rehabilitation or replacement in the near future, information should be provided to the utility owner indicating existing remaining life of the bridge. In some instances, it may be in MoDOT’s best interest to deny the request for attachment outright. In some instances, the utility owner may still choose to pursue the short-term attachment to the existing structure. In almost all cases, the utility owner is responsible for the cost of removing and/or relocating their utility facilities for a necessary repair, widening, improvement or reconstruction of the structure. Review existing agreements for cost responsibility for current attachments.&lt;br /&gt;
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====643.1.5.3.2 Aesthetics====&lt;br /&gt;
In reviewing a request for a bridge attachment, how the structure is viewed by the public will be considered. For example, is the structure over a scenic stream that is extensively used by canoeists, or does the structure span a road that may provide access to a park, campgrounds, or boat launching facilities? Is the structure a grade separation where the motoring public will see the attachment before they pass under it?&lt;br /&gt;
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====643.1.5.3.3 Method of Attachment====&lt;br /&gt;
In order to maintain structural integrity of any structures the following requirements will apply for attachments.&lt;br /&gt;
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=====643.1.5.3.3.1 Welding=====&lt;br /&gt;
Welding of hardware to structural steel members (i.e., flanges, webs, stiffeners, and diaphragms) whether in tension or compression is not permitted.&lt;br /&gt;
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=====643.1.5.3.3.2 Drilling=====&lt;br /&gt;
Drilling holes in any structural steel member is not permitted. Drilling holes for anchors into any prestressed concrete member is not permitted. Although permitted, drilling holes for anchors into the underside of bridge decks must be done with caution. It is recommended all anchors be installed to miss deck reinforcing steel. Generally, drilling into decks will not be allowed where sonotubes were used (voided slab bridges). The depth of the holes should be such that breaking out of the concrete on the top side of the deck does not occur.&lt;br /&gt;
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=====643.1.5.3.3.3 Corrosion=====&lt;br /&gt;
Attachment hardware will be new, properly coated to prevent corrosion or be of a non-corrosive material, and be designed to support the facility.&lt;br /&gt;
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====643.1.5.3.4 Location====&lt;br /&gt;
In general, attachments are made on the underneath side of the bridge deck. The condition of the bridge deck will dictate the location of the attachment supports. An exception may be attachments to trusses or other overhead structures.&lt;br /&gt;
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Attachments that may require manholes in bridge decks are not allowed.&lt;br /&gt;
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When attachments are required to structures over streams that may carry large drifts, they must be attached to the downstream side of the structure and above the lowest superstructure element. It is preferred to locate the attachment on the outside of the exterior girder. If aesthetics are a concern, a better appearance can be achieved by having the attachment made to the inside of the exterior girder and above the bottom of the lower flange to hide the conduit and the attaching hardware.&lt;br /&gt;
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Placement of utilities must not prevent the removal of old paint, the application of new paint on superstructure steel, or cause debris buildup, which could cause structural deterioration.&lt;br /&gt;
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====643.1.5.3.5 Construction and Maintenance====&lt;br /&gt;
If the attachment cannot be built while maintaining one (1) lane of traffic on the structure, it will not be allowed.&lt;br /&gt;
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Construction procedures that severely impact traffic may factor into the allowable location of the attachment on the structure.&lt;br /&gt;
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When scaffolding is to be attached or supported by bridge rails, bridge superstructure, or bridge substructure, the procedures for construction of the attachment must be reviewed.&lt;br /&gt;
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The utility owner or local entity will pay for, or be responsible for, the painting of the attachment, if necessary, when the bridge requires painting.&lt;br /&gt;
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==643.1.6 Private Lines==&lt;br /&gt;
Private lines are permitted to cross the right of way of a highway in the same manner as outlined for all utility facilities in above sections of this article. Parallel installations along the right of way of a highway are not permitted. Special conditions at a specific location that make adherence to this policy impractical will be submitted to the Chief Engineer for consideration of an acceptable alternative. In certain situations, it may be necessary to obtain approval from the Federal Highway Administration (FHWA) before approval to use the alternative can be given to the private utility owner.&lt;br /&gt;
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==643.1.7 Water and Sewer Separations==&lt;br /&gt;
The Missouri Department of Natural Resources (MoDNR) Safe Drinking Water Commission via 10 CSR 60-10 and Clean Water Commission via 10 CSR 20-8 govern the design of water and sewer lines in the vicinity of one another. Basic criteria are outlined below for information, and details are contained within the regulations. MoDOT is not responsible for providing or acquiring adequate right of way for utility owners to comply with MoDNR requirements.&lt;br /&gt;
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===643.1.7.1 Water and Sewer Separations===&lt;br /&gt;
====643.1.7.1.1 Horizontal====&lt;br /&gt;
Sanitary and storm sewers are to be laid at least ten feet (10’) horizontally measured from outside edge to outside edge from any existing or proposed water main. In cases where it is not practical to maintain ten feet (10’) of separation, installation of the water main closer to the sewer is acceptable where the water main is installed in a separate trench or on an undisturbed earth shelf located on one (1) side of the sewer at an elevation so the bottom of the water main is at least eighteen inches (18”) above the top of the sewer.&lt;br /&gt;
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===643.1.7.2 Crossings===&lt;br /&gt;
Water mains are to be laid to provide a minimum vertical distance of eighteen inches (18”) vertically measured outside edge to edge from sanitary or storm sewers. This is the case whether the water main is above or below the sewer. One (1) full length of water pipe must be located so both joints will be as far from the sanitary or storm sewer line as possible. Special structural support for the water main or sanitary or sewer main may be required.&lt;br /&gt;
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===643.1.7.3 Exception===&lt;br /&gt;
When it is impossible to obtain proper horizontal and vertical separation as stipulated, the sewer will be designed and constructed equal to water pipe and will be pressure-tested to assure it is watertight prior to backfilling.&lt;br /&gt;
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===643.1.7.4 Water Supply Interconnections===&lt;br /&gt;
No physical connection is permitted between a public or private potable water supply system and any sanitary or storm sewer or appurtenance that would permit the passage of any sewage or polluted water into the water supply. No water pipe is permitted to pass through or come in contact with any part of a sanitary sewer manhole.&lt;br /&gt;
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===643.1.7.5 Water Works Structures===&lt;br /&gt;
Sewers are not permitted to be installed within fifty feet (50’) in any direction from any existing or proposed public water supply well or other water supply sources or structures.&lt;br /&gt;
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==643.1.8 Variances==&lt;br /&gt;
Occasionally, it is impractical to locate a utility facility in accordance with requirements outlined in this article. MoDOT may consider a utility owner’s request for a variance from these requirements on a case-by-case basis. The utility owner should complete a [https://epg.modot.org/forms/general_files/DE/UtilityVarianceApprovalForm.docx Utility Variance Approval Form] to be submitted to MoDOT for consideration. Variances on the Interstate System require approval of the Federal Highway Administration (FHWA). A flow chart, [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_8_VarianceApprovalProcess.pdf EPG Figure 643.1.8], of the variance process is available.&lt;br /&gt;
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A variance will not be permitted just for the convenience of the utility owner. The utility owner requesting a variance must provide all necessary information to properly evaluate if a variance should be approved. For example, a utility owner requesting a variance because “the utility corridor is full” must explore all reasonable options. It is suggested that the requestor pothole the existing utility corridor to confirm the location of existing utility facilities and provide that data to support the need to locate outside of the utility corridor due to its congestion.&lt;br /&gt;
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===643.1.8.1 Variance Process===&lt;br /&gt;
Any utility owner of a public utility facility may apply for a variance. The process for requesting a variance is as follows:&lt;br /&gt;
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====643.1.8.1.1 Submittal Requirements====&lt;br /&gt;
Utility owners submit to the district utilities staff a written request for a variance using the [https://epg.modot.org/forms/general_files/DE/UtilityVarianceApprovalForm.docx Utility Variance Approval Form]. The utility owner must clearly show the provision(s) or guideline(s) for which the variance is being requested; the condition(s) which the utility owner believes warrant(s) the granting of a variance; a thorough explanation of the reason(s) for the requested variance, including sufficient and appropriate documentation of safety, aesthetic, or constructability constraints that would be adverse to the function, access, or maintenance of the utility facility and not in the best interest of the public.&lt;br /&gt;
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====643.1.8.1.2 MoDOT Consideration of Variance Request====&lt;br /&gt;
The utility owner bears full responsibility for demonstrating to MoDOT’s satisfaction that the variance is the most appropriate way to serve the public interest. MoDOT may present to the utility owner and the utility owner must consider reasonable alternatives to the variance requested by the utility owner. In determining whether to grant a variance, district utilities staff will consider all relevant factors including, but not limited to: the requested variance is reasonably necessary for the convenience, safety, health, and/or welfare of the public; there is an exceptional or undue burden or hardship on the specific applicant; a physical impracticability that would result from the applicant’s adherence to the normal location requirements; and the requested variance will not impair the safe construction, maintenance, operation, and safety of public travel on the highway. District utilities staff may consult with the Design Liaison Engineer in evaluating variances.&lt;br /&gt;
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====643.1.8.1.3 Approval of Variances====&lt;br /&gt;
Once district utilities staff have agreed to accept a variance proposed by the utility owner, the [https://epg.modot.org/forms/general_files/DE/UtilityVarianceApprovalForm.docx Utility Variance Approval Form] and all supporting documentation is sent to the District Design Engineer (DDE) for approval. If a variance is on interstate right of way, the DDE-signed Variance Request Form and all supporting documentation is forwarded to the Design Liaison Engineer who will forward to FHWA for their concurrence.&lt;br /&gt;
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====643.1.8.1.4 Variance Appeal Informal Hearing====&lt;br /&gt;
If denied a variance, the utility owner has thirty (30) calendar days to request an informal hearing for the purpose of appealing the denial. Requests must be made in writing to the State Design Engineer, Missouri Department of Transportation, P.O. Box 270, Jefferson City, MO 65102. If the utility owner requests an informal hearing, MoDOT’s authorized representative will advise the applicant of the time, date, and place of the hearing. The hearing is not a contested case under RSMo 536. The rules of evidence will not apply at the hearing, and MoDOT’s decision after the conduct of the hearing is not subject to further appeal.&lt;br /&gt;
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==643.1.9 Excess Right of Way==&lt;br /&gt;
Prior to conveyance of excess right of way, the status of utility facilities within said parcel must be addressed. See [[236.5_Property_Management#236.5.12_Excess_Land_Conveyances_&amp;amp;_Relinquishments_–_Regulated_Utilities|EPG 236.5.12]].&lt;br /&gt;
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==643.1.10 Broadband==&lt;br /&gt;
Broadband development in the state of Missouri is handled by the Department of Economic Development (DED). MoDOT shares its approved Statewide Transportation Improvement Program (STIP) project list with DED. All MoDOT policies related to placement of utility facilities within Commission right of way as outlined in this EPG article 643.1 are to be followed.&lt;br /&gt;
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&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643.2 Utilities in Program Delivery &#039;&#039;PAGE TITLE&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt; &lt;br /&gt;
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==643.2.1 Introduction==&lt;br /&gt;
Improvements to the highway system often require negotiation between the Commission and a city, a county, or a public or private utility owner. The Commission’s district utilities staff is responsible for coordination of highway improvement projects with the utility owner’s representative. The impact to a utility, the responsibility for the cost of adjustments necessary to allow highway construction, the plan of adjustment of the utility, the responsibility of performance of work on utility facilities, and the schedule of the utility adjustment are all items that vary depending on the project and should be investigated and negotiated to ensure highway improvement projects are delivered on-time and on-budget. These should comply with Commission policy. A flowchart [link here] outlining all the utility adjustment processes (reimbursable and non-reimbursable relocations, Master Reimbursable Utility Agreements and Project Specific Agreements, etc.) are available in the list of figures at the top of the page. These processes will not always be in combination, but each should be considered with each project.&lt;br /&gt;
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The district utilities staff, in conjunction with the Transportation Project Manager (TPM), is expected to invite and encourage participation of utility owner representatives in MoDOT project meetings as needed.&lt;br /&gt;
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When a project involves utility adjustments for which the Commission is responsible for costs, the TPM should program the costs of the utility adjustments as non-contractual construction costs in the STIP Information Management System (SIMS).&lt;br /&gt;
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==643.2.2 Annual Utility Meeting==&lt;br /&gt;
Each district should hold an annual meeting with utilities to discuss current STIP projects in the district. The annual meeting should be held during each year&#039;s STIP preparations, ideally between January and May. All utility owners that have utility facilities in the district should be invited. The intent is to provide the utility owners with an idea of upcoming projects to allow them the opportunity to plan and budget for potential adjustments of their utility facilities, identify both MoDOT and utility roadblocks, and develop action plans to complete utility adjustments better, faster, and cheaper.&lt;br /&gt;
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==643.2.3 Determination of Existing Utilities==&lt;br /&gt;
District utilities staff should determine the appropriate level of effort needed to accurately identify existing utilities within the footprint of a proposed highway construction project. Aboveground utilities are easily identifiable via field checks; however, determination of the precise location of underground utilities can be more challenging and time consuming. Therefore, the district utilities staff should balance the risk of conflict with the highway construction project against the level of effort needed to determine the location.&lt;br /&gt;
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The level of effort on mapping utilities is dependent on the scope of the project and the potential for utilities having an impact on the construction of the project. The project schedule should include the time to complete this task accurately. The time and effort necessary for having accurate locates requires close interaction with the utility locators. Early contact with utility owner representatives may be necessary to accurately locate underground utility facilities.&lt;br /&gt;
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Various methods of determining existing underground utilities result in different levels of quality. ASCE Standard 38 Standard Guidance for Investigating and Documenting Existing Utilities classifies four levels of quality:&lt;br /&gt;
:1. Quality Level D: QL-D is the most basic level of information for utility locations. It comes solely from existing utility records or verbal recollections, both typically unreliable sources. It may provide an overall &amp;quot;feel&amp;quot; for the congestion of utilities but is often highly limited in terms of comprehensiveness and accuracy. QL-D is useful primarily for project planning and route selection activities.&amp;lt;br&amp;gt;&lt;br /&gt;
: Missouri 811 or “private-locate” markings are to be considered to be QL-D.&lt;br /&gt;
:2. Quality Level C: QL-C is probably the most used level of information. It involves surveying visible utility facilities (e.g., manholes, valve boxes, etc.) and correlating this information with existing utility records (QL-D information). When using this information, it is not unusual to find that many underground utilities have been either omitted or erroneously plotted. Therefore, its usefulness is primarily on rural projects where utilities are not prevalent or are not too expensive to repair or relocate.&lt;br /&gt;
:3. Quality Level B: QL-B involves the application of appropriate surface geophysical methods to determine the existence and horizontal position of virtually all utilities within the project limits. This activity is called &amp;quot;designating&amp;quot;. The information obtained in this manner is surveyed to project control. It addresses problems caused by inaccurate utility records, abandoned or unrecorded utility facilities, and lost references. The proper selection and application of surface geophysical techniques for achieving QL-B data is critical. Information provided by QL-B can enable the accomplishment of preliminary engineering goals. Decisions regarding location of storm drainage systems, footers, foundations, and other design features can be made to avoid conflicts with existing utilities. Slight adjustments in design can produce substantial cost savings by eliminating utility relocations.&lt;br /&gt;
:4. Quality Level A: QL-A, also known as &amp;quot;locating or potholing&amp;quot;, is the highest level of accuracy presently available and involves the full use of the subsurface utility engineering services. It provides information for the precise plan and profile mapping of underground utilities through the nondestructive exposure of underground utilities, and provides the type, size, condition, material, and other characteristics of underground features.&lt;br /&gt;
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For projects with scopes that have potential for utility conflicts, the minimum level of effort required is SUE Quality Level D. Locations of existing utilities are determined by requesting locates through Missouri 811, also known as the “One-Call” process. Missouri 811 locating requests should be carefully considered for the scope of work of the project. When necessary, the location of existing utilities should be established by a field survey of locate markings and features and shown on the roadway plans. Higher level SUE Quality Levels can be used on any project. Adjustment cost savings, whether to the MoDOT or to the utility owner, are beneficial to the taxpayer. Good SUE projects are typically urban in nature, or in congested areas, where the project footprint is to be minimized, or anytime accurate vertical and horizontal location of the utility facility might allow a design to avoid the utility facility thus preventing the need for the adjustment. The SUE process combines civil engineering, surveying, and geophysics. It utilizes several technologies, including vacuum excavation and surface geophysics.&lt;br /&gt;
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When proposed excavation or installation of subsurface features (drainage, equipment bases, etc.) falls within three feet (3’) of a marked Missouri 811 line, soft digging (hand digging, potholing, vacuum methods, pressurized air/water jetting, pneumatic hand tools, etc.) is required to more exactly locate the utility facility both horizontally and vertically. Utility facilities present within the right of way by permit, should be investigated by the utility owner. Utility facilities that would be reimbursable or partially reimbursable as defined in EP 643.2.8 will be investigated by MoDOT.&lt;br /&gt;
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==643.2.4 Conflict Determination==&lt;br /&gt;
Determination of whether a conflict exists between an existing utility facility and a proposed highway improvement project should occur at the earliest possible stage of project development. A conflict may be the result of the physical interaction between the roadway infrastructure and utility facility, a reduction in cover or increase in fill over underground utilities, a reduction in horizontal clearance whether above or below ground, a reduction in overhead vertical clearance, paving over utilities, or restricting a utility owner’s access to its utility facilities. District utilities staff should work with utilities to determine if a conflict exists and the appropriate plan of adjustment to remedy the conflict. The adjustment to the utility may be a relocation or another measure that protects the utility or access to the utility from the proposed highway improvement project. Determination of a conflict needs to be continually re-evaluated as the project design progresses. Continuing coordination is essential.&lt;br /&gt;
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==643.2.5 Utility Plan of Adjustment==&lt;br /&gt;
===643.2.5.1 Request for Plan of Adjustment===&lt;br /&gt;
District utilities staff will request a plan of adjustment from utility owners whose utility facilities are in conflict with a proposed highway project. The plan of adjustment may consist of efforts to relocate the utility or otherwise protect a utility from the impacts of the proposed highway project. Utilities are shown on the roadway plan and profiles sheets that are furnished to utility owners for use in planning required utility adjustments. Any other sheets such as drainage, traffic signal, lighting, or ITS plans that show impacts to a utility facility should also be provided to the utility owners. All adjustments, reimbursable or not, require a plan of adjustment furnished by the utility owner.&lt;br /&gt;
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A transmittal letter is included in the request for a plan of adjustment. The letter informs the utility owner that regardless of whether an adjustment is reimbursable, no physical adjusting or relocating of their utility facilities to accommodate the proposed highway improvement is to be performed without specific approval and authorization. Additionally, if any part of the adjustment has the potential to be reimbursable, they are advised:&lt;br /&gt;
# They may undertake preliminary engineering by their own forces upon approval by district utilities staff of the estimated costs of preliminary engineering.&lt;br /&gt;
# They may employ a consultant to do the PE work provided they request and obtain prior approval. See [[#643.2.6_Preliminary_Engineering_Requirements|EPG 643.2.6 Preliminary Engineering Requirements]].&lt;br /&gt;
# Any preliminary engineering costs accrued prior to the date of written authorization to proceed will not qualify for reimbursement.&lt;br /&gt;
# Replacement right of way or easements cannot be purchased without specific approval and authorization.&lt;br /&gt;
&lt;br /&gt;
===643.2.5.2 Proposed Plan of Adjustment===&lt;br /&gt;
Developing a plan of adjustment is a multi-step process. The utility owner will propose a conceptual approach to adjusting the utility facilities to allow highway construction. This conceptual approach is used as the basis for determining cost responsibility, estimate of costs for preliminary engineering and construction, developing the agreement if necessary, and final design of the adjustment. Negotiations between district utility staff and the utility owner’s representative can result in changes to the design throughout the process.&lt;br /&gt;
&lt;br /&gt;
Final plans of adjustment must contain a legend on the first sheet identifying the utility symbols used. They must also show the existing utility facilities and their disposition, the location of the new or adjusted utility facilities, the existing and new right of way lines, the limited or fully controlled access symbols (where applicable), the existing and proposed roadways, ramps, and outer roadways and any other pertinent roadway information. They must contain sufficient details concerning location, elevation, compaction, clean up, etc. to provide for the proper adjustment of the utility facility. Relocated and/or existing utility facilities that will remain in place must be dimensioned or indicated in a manner to show their location in respect to the right of way lines. It is preferred that the utility owner transmits the plan of adjustment by electronic deliverables in a format that can be incorporated into the roadway plans. This will reduce the time and effort necessary as well as increase the accuracy of transferring this information into the roadway plans.&lt;br /&gt;
&lt;br /&gt;
Plans of adjustment received from the utility owner are to be checked for compliance with MoDOT’s requirements ([[#643.1_Utilities_Location|EPG 643.1 Utility Location]]) by the district utilities staff. They are also checked to ensure compatibility with the roadway design. Any continuing conflicts are resolved through negotiations with the utility owner.&lt;br /&gt;
&lt;br /&gt;
Occasionally, it is impractical to perform a utility adjustment in accordance with MoDOT’s requirements. Sometimes the utility may request approval of a plan of adjustment that does not conform to these requirements. Deviation from MoDOT’s utility requirements is a variance. Refer to [[#643.1.8_Variances|643.1.8 Variance Process]] for additional guidance.&lt;br /&gt;
The final plan of adjustment is included as Exhibit “A” to the agreement ([[#643.2.12_Utility_Agreements|EPG 643.2.12 Agreements]]).&lt;br /&gt;
&lt;br /&gt;
==643.2.6 Preliminary Engineering Requirements==&lt;br /&gt;
Preliminary engineering (PE) can be performed one of four ways for utility adjustments:&lt;br /&gt;
# The utility owner can use its own engineering forces.&lt;br /&gt;
# MoDOT can select an engineering consultant, after consultation with the utility owner, and the consultant contract will be administered by MoDOT.&lt;br /&gt;
# The utility owner can select an engineering consultant, with approval by MoDOT, and the consultant contract will be administered by the utility owner.&lt;br /&gt;
# If a utility adjustment is being included in a MoDOT administered construction contract, the preliminary engineering of the adjustment can be provided by MoDOT.&lt;br /&gt;
&lt;br /&gt;
For reimbursable utility adjustments, the amount paid to engineers, architects, and others for required engineering and allied services can be included in reimbursement amount provided such amounts are not based on a percentage of the costs of the necessary adjustments to allow highway construction. Reimbursement is available for contracts executed after solicitation of a consultant for the specific adjustment or existing continuing contracts when it is demonstrated that such work is performed regularly for the utility owner in its own work and that the costs are reasonable.&lt;br /&gt;
&lt;br /&gt;
A [https://epg.modot.org/forms/general_files/DE/UtilityConsultantContractChecklist.docx checklist is available for reviewing consultant-engineering contracts] to ensure the contract conforms to MoDOT policy and complies with applicable federal regulations. District utilities staff should use the checklist to review contracts and may consult with Audits and Investigations Division as necessary. The procedures in 23 CFR part 172, Administration of Engineering and Design Related Service Contracts may be used as a guide for reviewing proposed consultant contracts. [[:LPA:136.4_Consultant_Selection_and_Consultant_Contract_Management|EPG 136.4 Consultant Selection and Consultant Contract Management]] may also be used as a guide.&lt;br /&gt;
&lt;br /&gt;
===643.2.6.1 Solicited Consultant Contracts===&lt;br /&gt;
If solicitation of PE services is required for reimbursable utility adjustments, the utility owner must provide the following documents and information to district utilities staff. These documents need to be provided as soon as the utility owner has chosen to solicit a consultant. Document 1 must be supplied by all utility owners. Documents 2 and 3 are only required when the utility owner is a local government agency who is also a political subdivision of the state of Missouri (e.g., city-owned utilities, county-owned utilities). All other utility owners are encouraged, but not required, to provide Documents 2 and 3:&lt;br /&gt;
# A statement that the utility owner is not staffed or able to perform the required PE services with its own forces.&lt;br /&gt;
# Provide the names of at least three (3) consultants considered.&lt;br /&gt;
# The criteria used to evaluate each consultant and reasons why the selected consultant was selected.&lt;br /&gt;
&lt;br /&gt;
The following documents need to be provided as soon as the utility owner has successfully negotiated and entered into a contract with the consultant:&lt;br /&gt;
# The name and address of the selected consultant.&lt;br /&gt;
# A statement that the &amp;quot;[https://epg.modot.org/forms/general_files/DE/CertificationOfConsultant.docx Certification of Consultant]&amp;quot; will be furnished immediately upon award of the contract to the consultant.&lt;br /&gt;
# One executed copy of the proposed engineering contract or agreement between the utility owner and consultant, only if the engineering will exceed $5,000.00.&lt;br /&gt;
# The consultant&#039;s fixed (lump sum) or estimated fee (actual cost) and the contract maximum.&lt;br /&gt;
# A cost summary providing a detailed breakdown of the basis for the consultant&#039;s compensation, including estimated labor hours, hourly rates for each classification, overhead rate (if used), the amount of profit charged, and any other estimated charges such as travel expenses, equipment rentals, etc. If an overhead rate is used, the consultant must also submit the supporting overhead rate calculations.&lt;br /&gt;
# An independent cost estimate of engineering services provided by the utility owner to use in comparison to the consultant’s proposed engineering services to check for cost reasonableness.&lt;br /&gt;
&lt;br /&gt;
===643.2.6.2 Continuing Consultant Contracts===&lt;br /&gt;
When a utility owner chooses to use an existing continuing contract for PE services, the utility owner must provide the following documents and information to the district utilities staff as soon as possible.&lt;br /&gt;
# A statement that the utility owner is not staffed or able to perform the engineering with its own forces.&lt;br /&gt;
# The name and address of the consultant under the existing continuing contract.&lt;br /&gt;
# A statement that the &amp;quot;[https://epg.modot.org/forms/general_files/DE/CertificationOfConsultant.docx Certification of Consultant]&amp;quot; will be furnished.&lt;br /&gt;
# A copy of the continuing contract to the district utilities staff. The district utilities staff will review the contract for reasonableness of cost.&lt;br /&gt;
# The consultant&#039;s fixed (lump sum) or estimated fee (actual cost) and the contract maximum for the work associated with the utility adjustment.&lt;br /&gt;
# A cost summary providing a detailed breakdown of the basis for the consultant&#039;s compensation, including estimated labor hours, hourly rates for each classification, overhead rate (if used), the amount of profit charged, and any other estimated charges such as travel expenses, telephone, etc. If an overhead rate is used, the consultant must also submit the supporting overhead rate calculations.&lt;br /&gt;
# An independent cost estimate of engineering services provided by the utility owner to use in comparison to the consultant’s proposed engineering services to check for cost reasonableness.&lt;br /&gt;
&lt;br /&gt;
===643.2.6.3 Consultant Contract Changes===&lt;br /&gt;
If a PE services contract between a utility owner and a consultant needs to be revised, a copy of the revised contract, fee, and schedule should be submitted by the utility owner to the district utilities staff prior to allowing for contract changes. District utilities staff should review the contract changes to ensure the revised contract conforms to MoDOT policy and complies with applicable federal regulations.&lt;br /&gt;
&lt;br /&gt;
==643.2.7 Environmental and Right of Way==&lt;br /&gt;
===643.2.7.1 Utilities and Environmental Clearances===&lt;br /&gt;
District utilities staff should coordinate with the TPM and utility owner’s representative to understand and communicate on known environmental and cultural constraints that could impact a utility owner’s plan of adjustment. This will allow the utility owner to consider permitting timelines and alternatives that avoid environmental or cultural resources to keep the project on schedule.&lt;br /&gt;
&lt;br /&gt;
One strategy to make project delivery more efficient and ensure regulatory compliance is for MoDOT to obtain the environmental and cultural resource permits and clearances for the utility owners associated with a roadway improvement while obtaining its own. This would generally only be for the permits and regulatory clearances MoDOT already needs to pursue as a part of the transportation improvement.&lt;br /&gt;
&lt;br /&gt;
District utilities staff should coordinate with the utility owner’s representative early in the project timeline to determine if it is in the best interest of both MoDOT and the utility owner to obtain permits and environmental clearances jointly. The following strategies can be utilized to determine if a joint approach to environmental work should be pursued:&lt;br /&gt;
* If utility facilities are moving to a location within or immediately adjacent to MoDOT right of way, a utility owner may be invited to participate in permitting and environmental compliance activities.&lt;br /&gt;
* If utilities move to a location not within or adjacent to MoDOT right of way, the utility company would not normally be invited to participate in permit applications and environmental compliance activities. However, some unique projects may necessitate further attention and should be discussed with the Design Liaison Engineer.&lt;br /&gt;
&lt;br /&gt;
If MoDOT and the utility owner agree to obtain joint permits and clearances, written communication between the utility owner’s representative and the district utilities staff should document the following items:&lt;br /&gt;
* List of the permits and clearances that MoDOT will acquire on behalf of the utility owner.&lt;br /&gt;
* List of the information needed from the utility owner in order for MoDOT to acquire the permits and clearances.&lt;br /&gt;
* Schedule and deadlines for submittal of the information by the utility owner. For example: utility plans, fill quantities, construction methods, dates, or seasons of construction.&lt;br /&gt;
&lt;br /&gt;
Permits and clearances that may be needed by both a utility owner and MoDOT include:&lt;br /&gt;
* [[127.7_Threatened_and_Endangered_Species|Endangered Species Act consultation and clearance]]&lt;br /&gt;
* [[127.2_Historic_Preservation_and_Cultural_Resources#127.2.1.1_Historic_Preservation_Regulations_and_Laws|Section 106 of the National Historic Preservation Act clearance]]&lt;br /&gt;
* [[127.10_Section_4(f)_Public_Lands|Section 4(f) clearance]]&lt;br /&gt;
* [[127.10_Section_4(f)_Public_Lands#127.10.1.4_Section_6(f)_Laws_and_Regulations|Section 6(f) of the Land and Water Conservation Fund Act clearance]]&lt;br /&gt;
* [[127.4_Wetlands_and_Streams|Section 401 and Section 404 of the Clean Water Act permits]]&lt;br /&gt;
* [[:Category:806_Pollution,_Erosion_and_Sediment_Control#806.1_Introduction_(see_Sec._806)|Section 402 of the Clean Water Act permit (State Operating Permit for Erosion Control)]]&lt;br /&gt;
* [[127.8_Hazardous_and_Solid_Waste|Recommendations on contaminated soil disposition]]&lt;br /&gt;
&lt;br /&gt;
===643.2.7.2 Right of Way Acquisition and Utilities===&lt;br /&gt;
The Commission is obligated to acquire the width of right of way required by the design of the highway improvement. For utility facilities currently located within the Commission’s right of way, this includes the necessary space for the utility facilities impacted by the design of the highway improvement. Either additional right of way width to accommodate a utility corridor or a utility easement can be obtained for the relocation of utility facilities. When drainage easements are acquired along a channel, additional space for utility facilities should be considered to avoid conflicts between the utility facility and the bridge or culvert.&lt;br /&gt;
&lt;br /&gt;
District utilities staff should inform the utility owner’s representative of the potential of a conflict between an existing utility facility and a proposed highway construction project early in the project development process to allow sufficient time for the utility owner to prepare a plan of adjustment and notify the district utilities staff of any easement needs. When utility facilities are located on a utility owner’s private easement, the utility owner may obtain its own new easements. If the utility owner is not in a position to negotiate for new easements or if the utility owner’s policies will not permit it to condemn property to obtain the easement, MoDOT can acquire the easement in the same manner roadway right of way is obtained. The district utilities staff should verify the utility owner is aware of the opportunity to have MoDOT acquire the easement, and the utility owner should provide written documentation on whether the utility owner would like to pursue this option with MoDOT.&lt;br /&gt;
&lt;br /&gt;
For situations where the utility owner will obtain its own replacement right of way and the cost of the adjustment is MoDOT’s responsibility, the utility right of way cost should be reviewed by the district right of way department to ensure the cost is reasonable and acquisition followed state and federal regulations. In order to expedite utility adjustments necessary to allow highway construction, the district utility staff may authorize the utility owner to obtain easements prior to all details of a plan of adjustment being developed. In this situation, the district utilities staff should ensure enough details are known to justify the needed right of way, and an agreement for right of way costs only should be executed with the utility owner.&lt;br /&gt;
&lt;br /&gt;
For situations where MoDOT will obtain the right of way necessary to allow highway construction, district utility staff should negotiate with the utility owner’s representative to ensure all necessary utility easements are shown on the approved right of way plans. The TPM should confirm with district utilities staff that the right of way plans accurately reflect the needs of the utility owners prior to requesting right of way plan approval. The district Right of Way Manager should confirm with district utilities staff before requesting an acquisition date (A-date). Every effort should be made to avoid adding utility easement requests once negotiations with property owners have begun.&lt;br /&gt;
&lt;br /&gt;
Occasionally, when negotiations cannot be completed for easements for the adjustment of utility facilities, it may be necessary to condemn for the property. District utilities staff should coordinate with the utility owner’s representative to ensure no alternate design for the adjustment of the utility facility is practical. The decision to condemn for easements for the adjustment of the utility facilities requires the exercise of good judgment in reaching the conclusion that further good faith negotiations are futile and condemnation is necessary to maintain the project in the scheduled letting. The TPM should coordinate with the district utilities staff and district Right of Way (RW) personnel on the condemnation proceedings.&lt;br /&gt;
&lt;br /&gt;
Easement and other right of way documents used with utility owners are handled in accordance with procedures established jointly with RW and district utilities staff. District survey staff prepare the land descriptions for use in utility easements. The district utilities staff is responsible for completion of the easements in the correct form and scope. A sketch delineating the area described is attached to the easement as Exhibit “A”. Communication with the Design Division will ensure use of proper forms, corporate names and locations, and particular wording required for joint ownerships. The description for a utility easement is to be referenced to the nearest land corner shown on the plans. Examples of easements can be found in the template list in [https://netprod3.dot.missouri/eAgreements/Search/QuickSearch eAgreements].&lt;br /&gt;
&lt;br /&gt;
In situations where MoDOT is acquiring right of way with existing utility easements, but the district utilities staff and the utility owner’s representative agree that the utility facility may remain in place, the utility owner will release the property to the Commission separate from the right of way acquisition. This is done by executing an Easement for Highway Construction (UT16). The utility owner grants and conveys, with warranty of title expressed or implied, to the Commission, the right to construct, reconstruct, and maintain a highway over and across that portion of the easement owned and held by the utility owner. In the future, the utility owner retains any reimbursable rights should future projects require adjustments to allow highway construction.&lt;br /&gt;
&lt;br /&gt;
==643.2.8 Cost Responsibility==&lt;br /&gt;
In addition to determining if a conflict exists between an existing utility facility and a highway improvement project, it is important to determine who is responsible for the costs of the necessary adjustments to allow highway construction. An adjustment for which the Commission is responsible for the costs is known as a reimbursable adjustment. An adjustment for which the Commission is not responsible for the costs is known as a non-reimbursable adjustment. An adjustment for which the Commission and the utility share responsibility for costs is known as a partially reimbursable adjustment. Adjustments determined to be reimbursable or partially reimbursable by the Commission are to be completed under the terms of an agreement executed between the utility owner and the Commission.&lt;br /&gt;
&lt;br /&gt;
===643.2.8.1 Commission Responsibility===&lt;br /&gt;
====643.2.8.1.1 Utility Facilities Located on Private Easements====&lt;br /&gt;
When the utility facility is located on a private easement within the new right of way to be acquired for a future project, the Commission is responsible for the cost of the necessary adjustments to allow highway construction. It may be possible that such easement does not have written easement rights. The Commission will honor this oral right provided acceptable documentation is provided by the utility owner to the district utilities staff. An [https://epg.modot.org/forms/general_files/DE/NonwrittenEasementRights_Example.docx example of acceptable documentation for not written easement rights] is available. Other forms of documentation will be considered on an individual basis.&lt;br /&gt;
&lt;br /&gt;
=====643.2.8.1.1.1 Future Moves=====&lt;br /&gt;
When the utility facility is located on a private easement, taken into the Commission’s right of way, the Commission may agree that any future moves of the same utility by Commission order may be made at the Commission’s cost. Documentation of this agreement is by an Easement for Highway Construction (UT16) agreement. If the Commission provides a substitute private easement, then the Commission will have future obligations consistent with the utility facility’s status in an easement.&lt;br /&gt;
&lt;br /&gt;
====643.2.8.1.2 Utility Facilities Located within Commission Right of Way====&lt;br /&gt;
When the utility facility is located within Commission right of way, but has prior land rights, the Commission is responsible for the cost of adjustments to allow highway construction. The utility owner is responsible for documenting to the satisfaction of the district utilities staff, the basis for the claim of prior land rights within Commission right of way. Time spent researching prior rights is considered coordination and is reimbursable.&lt;br /&gt;
&lt;br /&gt;
====643.2.8.1.3 City or County Utility Facilities on City or County Streets====&lt;br /&gt;
When roadway improvements are within the corporate limits of cities, towns, and villages, a municipal agreement is negotiated between the Commission and the municipality. Likewise, when roadway improvements are within the limits of a county and outside the municipal limits, a county agreement is negotiated between the Commission and the County Commission. Included in these agreements are provisions regarding reimbursement for adjusting city or county owned utility facilities. Reimbursement is provided for adjustment of city or county owned utility facilities that are now located on city or county streets and not on Commission right of way.&lt;br /&gt;
&lt;br /&gt;
====643.2.8.1.4 Lumen====&lt;br /&gt;
Lumen – National (formerly CenturyLink, Lightcore, or Digital Telephone, Inc. (DTI)) and the Commission have entered into a partnership agreement, “Amended and Restated Fiber Optic Cable on Freeways in Missouri,” executed June 5, 2003 which obligates the Commission to be responsible for the cost of the necessary adjustments to allow highway construction along the routes identified in the agreement. A copy of the agreement is available to district utilities staff.&lt;br /&gt;
&lt;br /&gt;
====643.2.8.1.5 Services to the Commission====&lt;br /&gt;
When a utility facility provides a service connection to local Commission facilities such as power to traffic signals, lighting, ITS, and cathodic protection and phone drops to traffic signal controllers or other Commission facilities, the Commission is responsible for the cost of the necessary adjustments to allow highway construction.&lt;br /&gt;
&lt;br /&gt;
====643.2.8.1.6 Private Service Lines====&lt;br /&gt;
While most utility owners reconnect the private service lines at no cost to the property owner, some do not. If a utility owner does not reconnect service lines, MoDOT can include adjustment of private service lines in roadway contracts. Bid items for relocating service connections are provided for the different types of anticipated adjustments.&lt;br /&gt;
&lt;br /&gt;
====643.2.8.1.7 Second Moves====&lt;br /&gt;
If the Commission requires additional work to a utility facility after the facility has been relocated or adjusted in accordance with a plan of adjustment approved by the Commission for a single project number, the Commission is responsible for the cost of the additional work regardless of whether the initial adjustment was Commission responsibility as outlined in other parts of [[643.2_Local_Utility_Adjustments_-_Public_and_Private#643.2.8.1_Federalizing_Funds_for_Preliminary_Engineering|643.2.8.1]].&lt;br /&gt;
&lt;br /&gt;
The purpose of the policy is to encourage utilities to relocate early rather than waiting until plans are published for bidding. The policy eliminates the utility having to relocate twice at its own expense because of late changes in the design. It is best to have utilities relocated prior to construction, and this policy helps achieve that goal. Therefore, it is imperative that the designer notifies district utilities staff as soon as possible of any changes made after these plans have been sent. If notified immediately, it may be possible to inform the utility owner prior to their final design thereby eliminating a second move.&lt;br /&gt;
&lt;br /&gt;
Under this policy, the following are not considered second moves. Temporary and staged relocations necessary to accommodate construction and agreed upon by the utility and the Commission prior to relocation are considered a single move and are not subject to the provisions of the second move policy. If the Commission requires adjustment of a utility facility for which the utility owner is responsible for the cost of the adjustment and was originally determined to not need adjustment, the utility owner is responsible for the cost of the adjustment. The utility owner is responsible for the cost of additional work to any portion of the utility facility after the utility facility has been adjusted in accordance with a plan of adjustment approved by the Commission if the additional work is required by the Commission due to error by the utility owner in preparation of plan of adjustment, field location of, or construction of the adjustment of the utility facility.&lt;br /&gt;
&lt;br /&gt;
When evaluating construction contract changes by change order or value engineering, the impacts of the second move policy should be considered.&lt;br /&gt;
&lt;br /&gt;
===643.2.8.2 Utility Owner Responsibility===&lt;br /&gt;
====643.2.8.2.1 Utility Facilities Owned and Operated by a Political Subdivision====&lt;br /&gt;
When a utility facility is located within Commission right of way, but does not have prior land rights, the utility owner is responsible for the cost of the necessary adjustments to allow highway construction. When a utility facility is located on public right of way other than Commission right of way, the utility owner is responsible for the cost of the necessary adjustments to allow highway construction.&lt;br /&gt;
&lt;br /&gt;
When a political subdivision must bear part or all the cost of adjustments to their utility facilities, and the cost creates a financial hardship, the Commission, by its authorized representative, the Chief Engineer, may temporarily assume these costs. A payback agreement with the political subdivision will include an applicable interest rate for a comparable maturity from a widely published index of tax-exempt municipal rates obtained from Financial Services. Payback time will not exceed five (5) years.&lt;br /&gt;
&lt;br /&gt;
====643.2.8.2.2 Utility Facilities Other Than Those Owned by a Political Subdivision====&lt;br /&gt;
When a utility facility is on the right of way of a public road or street or on state highway right of way without prior land rights and adjustment is necessary to allow for the construction of a roadway improvement, the utility owner is responsible for the cost of the necessary adjustments to allow highway construction.&lt;br /&gt;
&lt;br /&gt;
===643.2.8.3 Shared Responsibility===&lt;br /&gt;
When a utility facility is located such that portions of it are a Commission responsibility and portions of it are a utility owner responsibility by the definitions above, the costs of the necessary adjustments to allow highway construction will be split by the Commission and the utility owner. If the exact cost for each party can be determined, each party will be responsible for their portion of the cost of relocating the utility facility. If the exact cost for each party cannot be determined, the parties will arrive at a percentage reimbursement on an equitable basis.&lt;br /&gt;
&lt;br /&gt;
===643.2.8.4 Notice of Hearing===&lt;br /&gt;
When relocation or other difficulties with utility facilities on public right of way arise that prevent resolution by negotiation, formal hearings will be required.&lt;br /&gt;
&lt;br /&gt;
The district initiates a request for a utility relocation hearing with a letter to the Chief Counsel’s Office (CCO) (a copy is provided to the Design Division) requesting a hearing date. CCO will arrange for a hearing room, court reporter, etc. and advise the district of the hearing date.&lt;br /&gt;
&lt;br /&gt;
The district will prepare the notice of hearing by strictly following the given format and serve the notice on all persons and utility owners listed. The property and utility owner must be served only by personal service or by mailing a certified letter, return receipt requested, no later than 15 days before the date of hearing. This will require the district to make every effort to identify the correct property owner before preparing the notice of hearing. To avoid delays, every attempt will be made to issue the hearing notice at least 30 days prior to the hearing date in case any property has changed ownership and any additional property owners must be served. A notice of hearing on service line connections will also be served on the private or public owner of the main or distribution line to which the service lines are connected. A notarized &amp;quot;Report of Personal Service&amp;quot; will be completed when notification by certified mail is not used.&lt;br /&gt;
&lt;br /&gt;
One copy of the hearing notice and attachments, &amp;quot;Report of Personal Service&amp;quot; and certified mail notices are to be submitted to CCO after notification is complete.&lt;br /&gt;
&lt;br /&gt;
Prior to the hearing, the district&#039;s representative will become familiar with the details of the utility adjustment in order to provide concise testimony to expedite the hearing process. CCO will assign an attorney to work with the district and present the case.&lt;br /&gt;
&lt;br /&gt;
Refer to 7 CSR 10-3.030 020 Utility Relocation Hearings for additional information.&lt;br /&gt;
&lt;br /&gt;
A Waiver of Hearing should be obtained for non-reimbursable adjustments to document the commitment of the utility owner to adjust its utility facilities without adversely impacting the highway construction project. This may be accomplished informally via written communications between the district utilities staff and the utility owner’s representative. A [https://epg.modot.org/forms/general_files/DE/WaiverOfHearingForm.docx formal Waiver of Hearing statement] may be requested by either MoDOT or the utility owner. A [https://epg.modot.org/forms/general_files/DE/WaiverOfHearingLetter.docx sample transmittal letter for the Waiver of Hearing] is available. For reimbursable or partially reimbursable adjustments, the formal agreement serves as the basis of documentation of this commitment.&lt;br /&gt;
&lt;br /&gt;
==643.2.9 Estimates==&lt;br /&gt;
District utilities staff will negotiate with utility owners to determine reimbursable costs of the necessary adjustments to allow highway construction ([[#643.2.8_Cost_Responsibility|EPG 643.2.8 Cost Responsibility]]). These estimates are prepared in accordance with the provisions of 23 CFR 645 and any amendment thereto. These estimates must reflect the same procedures and costs used by the utility owners in their normal operations and must also accurately represent the expected costs of the work. The utility owner’s estimate will be reviewed by the district utilities staff to ensure compliance with 23 CFR 645.&lt;br /&gt;
&lt;br /&gt;
===643.2.9.1 Independent Cost Estimate===&lt;br /&gt;
The independent cost estimate provides the basis for district utilities staff to review the utility owner’s estimate of costs of the necessary utility adjustments to allow highway construction and any subsequent negotiations with the utility owner. The district utilities staff should prepare an independent cost estimate. The independent cost estimate may be based on unit prices of anticipated items of work in a utility adjustment necessary to allow highway construction. The independent cost estimate alternately may be based on recent similar types of utility adjustments necessary to allow highway construction and scaled for size. Consultants can be used to develop the independent cost estimate. All documentation of the independent cost estimate should be placed in MoProjects.&lt;br /&gt;
&lt;br /&gt;
===643.2.9.2 Type of Project Cost Estimates===&lt;br /&gt;
Either Actual Cost or Lump Sum estimates may be used for estimating the costs on the necessary utility adjustments to allow highway construction. If an Actual Cost estimate is used, detailed records of materials, labor, and equipment are made by district utilities and/or construction staff during construction, and a final audit of the utility owner’s cost records is made to determine the Commission’s actual responsibility for costs of the adjustment completed to allow highway construction. If a Lump Sum estimate is used, a final audit of costs for an adjustment in payment is not required. The Actual Cost method requires more detailed record keeping and documentation by the utility owner and district staff during construction. The Lump Sum method requires more upfront detail and work by the utility owner and judgment on the district utilities staff on the acceptability of the cost. The district utilities staff will work with the utility owner’s representative to determine the best type of estimate and therefore agreement to use.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.2.1 Actual Cost Estimate====&lt;br /&gt;
The cost estimate that supports the actual cost agreement is prepared in sufficient detail to determine the reasonable expected cost of the work to support development of an agreement between the utility owner and the Commission. However, reimbursement is based on the actual costs of design and construction of the necessary adjustment to allow highway construction. The actual cost estimate should detail all costs of the necessary adjustment to allow highway construction, even if the Commission is only responsible for a portion of the costs as detailed in EPG [[#643.2.8.3_Shared_Responsibility|643.2.8.3 Shared Responsibility]].&lt;br /&gt;
&lt;br /&gt;
Actual cost estimates can be used for any dollar amount of reimbursement.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.2.2 Lump Sum Estimates====&lt;br /&gt;
The cost estimate that supports the lump sum agreement must be accurate, comprehensive, verifiable, and in sufficient detail to present a clear picture of the work involved and the cost of the individual items. The estimate may cover only that portion of the adjustment for which the Commission is responsible for the costs of the necessary utility adjustments to allow highway construction.&lt;br /&gt;
Lump sum estimates are limited to a maximum of $200,000 of Commission responsibility of costs of the necessary utility adjustments to allow highway construction; however, exceptions may be made for special situations that have prior approval from Design Division. These exceptions usually cover major relocations for which the Commission&#039;s proportionate responsibility is extremely small.&lt;br /&gt;
&lt;br /&gt;
===643.2.9.3 Utility Cost Estimate Requirements===&lt;br /&gt;
Whether using an Actual Cost or Lump Sum estimate, the following should be included in the estimate, if applicable. If any of the following sections are not included in the estimate, a qualifying statement as to why the costs were not included should be provided.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.1 Scope of Work====&lt;br /&gt;
All estimates require a concise summary of the work to be performed on the estimate. An example is &amp;quot;an estimate of cost covering the work of relocating Company&#039;s 12-inch Cushing-Woodriver pipeline to accommodate construction of Route 47 in Franklin County on Job No. J6P0172&amp;quot;.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.2 Engineering Costs====&lt;br /&gt;
Costs of engineering, whether preliminary or construction, must be shown as separate items and are not to be included with &amp;quot;labor costs&amp;quot;. Concurrent cost accounting procedures of FHWA and MoDOT make this a necessity. See [[#643.2.6_Preliminary_Engineering_Requirements|EPG 643.2.6 Preliminary Engineering]] and [[#643.2.16.2_Construction_Contract_Requirements|EPG 643.2.16.2 Construction Contract Requirements]] for further information.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.3 Right of Way Costs====&lt;br /&gt;
A detailed estimate of the cost to acquire replacement easements by the utility owner is required. The cost should be supported by a right of way plan.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.4 Material Costs====&lt;br /&gt;
Quantities, description of the item, the unit cost, and the extended totals are shown. Percentage computations will be shown immediately following &amp;quot;total cost&amp;quot; so the utility owner’s and Commission&#039;s cost obligations are properly indicated. Unit assembly costs similar to those used by several of the rural electric association (R.E.A.) cooperatives are acceptable, provided the same units and charges are used in the utility owner’s regular operations. A handling charge conforming with the utility owner’s regular procedures may also be included.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.5 Labor Costs====&lt;br /&gt;
Hours, individual or crew rates, and extended totals are shown. Payroll additives such as insurance, retirement, social security, vacation, and other benefits are shown as a separate item under this heading in accordance with utility owner’s regular procedures. Adequate explanation must be given for total percentage used, especially in those cases where materials and labor are combined as unit costs or where labor percentages include additives and equipment requirements.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.6 Equipment Costs====&lt;br /&gt;
A description of the equipment to be used must be shown jointly with the number of hours to be charged. Rates charged for equipment usage must be justified by the utility owner’s established accounting procedures. When the utility owner does not have an established accounting procedure or a capitalization and depreciation schedule that is used in its own operations, the rates are to be established by using rental rate publications as a guide. A reasonable amount will be deducted, when using rental rate schedules, for profit that the rental company realizes. A full explanation of the methods used in establishing the rates must also be submitted to support the utility owner’s request and with approval of the district utilities staff.&lt;br /&gt;
&lt;br /&gt;
Equipment may be rented when the utility owner’s equipment is not available or is inadequate, with the rental rate justified by appropriate solicitation of bids. See [[#643.2.16.2_Construction_Contract_Requirements|EPG 643.16.2 Construction Contract Requirements]] for further information.&lt;br /&gt;
&lt;br /&gt;
Unusual accounting procedures may be accepted with adequate prior explanations and approval of the Design Division.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.7 Removal Costs====&lt;br /&gt;
These costs are estimated and shown in a similar method but separately from installation costs. When removal costs exceed salvage credits by more than the estimated cost of removal by the roadway contractor, an effort should be made to persuade the utility owner to abandon the utility facilities in place. An exception is made when the utility owner is required to remove abandoned utility facilities because of liability, hazard, or by specific agreement with the Commission. Abandoned utility facilities can be included with the miscellaneous removals in the roadway contract. It may be possible for the utility owner to remove those portions of the utility facility for which credits will exceed removal costs, with the remainder of the utility facility to be abandoned for removal in the roadway contract. Materials removed must be itemized, with the utility owner’s customary salvage credit given. Items to be scrapped or junked should be indicated. Whenever a utility facility or portion thereof is shown to be abandoned on the plan of adjustment, the roadway plans should be notated accordingly. This eliminates ownership problems if these utility facilities are removed or salvaged by the roadway contractor.&lt;br /&gt;
&lt;br /&gt;
When the utility facility is no longer needed and removal is necessary to accommodate the roadway project, the removal of the item may be handled either as a right-of way-item or a utility adjustment. When handled as a right of way item, the damages allowed are to equal the depreciated value of the utility facility, with the necessary removals being accomplished by the roadway contractor. If accomplished as a utility adjustment, the Commission, by utility agreement, will reimburse the utility owner for removal costs and receive salvage credit for the material removed, up to but not exceeding removal costs.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.8 Salvage of Removed Materials====&lt;br /&gt;
This statement, to explain the salvage credit or lack of credit, will reflect routine utility owner policy as well as the particular situation. The utility owner will place a value on any recovered material for salvage. District utilities staff should check this value for reasonableness. Examples of salvage statements include:&lt;br /&gt;
* Existing utility facilities to be abandoned in place, since the cost of salvaging, based on our past experience, will exceed their value.&lt;br /&gt;
* Only those items will be salvaged for which salvage credit will exceed the cost of removal and salvage.&lt;br /&gt;
* Company liability requires removal of the retired utility facilities, even though the cost of removal will exceed allowable credit for salvage.&lt;br /&gt;
* Salvage credits are in accordance with established company accounting procedures.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.9 Accrued Depreciation Credits====&lt;br /&gt;
Credit is required for the accrued depreciation of a utility facility that is being replaced. Examples are a building, structure, pumping station, filtration plant, power plant, substation, or other similar operational unit. Credit for accrued depreciation will not be required for a segment of the utility&#039;s service, distribution, or transmission lines. It is also not required when the building or structure is being moved as necessitated by the highway project. Acceptable accrued depreciation credit will be determined by using the following formula:&lt;br /&gt;
&amp;lt;math&amp;gt;\frac{\text{Actual Length of Service of Replaced Facility (Years)}}{\text{Total Estimated Service Life of Replaced Facility (Years)}} x&amp;lt;/math&amp;gt;&amp;lt;span style=&amp;quot;font-family: &#039;Times New Roman&#039;, Times, serif; font-size: 130%;&amp;quot;&amp;gt; Original Cost ($) = Credit ($)&amp;lt;/span&amp;gt;&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.10 Betterment Credits====&lt;br /&gt;
Betterment means the upgrading of the utility facility being relocated, made solely for the benefit of and at the election of the utility owner and is not attributable to the roadway improvement. Credit to the Commission is required for the additional costs incurred for the betterments introduced in the adjusted utility facility. No betterment credit is required for additions or improvements which are:&lt;br /&gt;
* Required by the highway project&lt;br /&gt;
* Replacement devices or materials that are of equivalent standards although not identical&lt;br /&gt;
* Replacement of devices or materials no longer regularly manufactured with next highest grade or size&lt;br /&gt;
* Required by law under governmental and appropriate regulatory commission code&lt;br /&gt;
* Required by current design practices regularly followed by the utility owner in its own work, and there is a direct benefit to the highway project&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.11 Overhead Costs====&lt;br /&gt;
Overhead costs are usually a percentage of the total labor cost. This item must be in accordance with the utility owner’s established accounting procedures, which in some cases may include handling costs or be a percentage of the total cost of the work involved. Additional attention to overhead costs is required when the rate is different from previously accepted rates. Occasionally, it can be difficult to obtain the necessary information at the time of the estimate to approve the overhead rates. In this situation, the estimate can be approved with exception of the overhead rates for payment. The utility owner is informed of this matter with the understanding that the overhead rates could be approved and paid with submission of appropriate supporting data and Financial Services audit review.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.12 Prorating Costs====&lt;br /&gt;
The need for prorating utility adjustment costs occurs when both the Commission and the utility owner are responsible for a portion of the utility adjustment necessary to allow for highway construction, and the actual costs for reimbursement in each category cannot be explicitly determined. Generally, the following conditions require division of costs:&lt;br /&gt;
* The adjustment is considered partially reimbursable per [[#643.2.8.3_Shared_Responsibility|EPG 643.2.8.3 Shared Responsibility]]&lt;br /&gt;
* Betterments are included in the necessary adjustment of the utility facility&lt;br /&gt;
&lt;br /&gt;
The district utilities staff should negotiate with the utility owner’s representative to determine an equitable basis for the prorating of costs based on the characteristics of the utility adjustment necessary to allow for highway construction.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.13 Costs Records====&lt;br /&gt;
The estimate should include a statement as to where the utility owner’s cost records may be reviewed. An example: &amp;quot;Company cost records will be available in our office at 2134 Industrial Avenue, Tulsa, Oklahoma&amp;quot;.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.14 Other====&lt;br /&gt;
Additional statements will explain or further clarify the work that is included. Such other items may include bypasses, special equipment, need for larger utility facilities, etc.&lt;br /&gt;
&lt;br /&gt;
==643.2.10 Schedule==&lt;br /&gt;
Timely adjustments of utility facilities are essential for efficient completion of highway construction projects. Ideally, all utility adjustments are completed prior to a project’s Plans, Specifications, and Estimate (PS&amp;amp;E) submittal to Central Office. Depending on the specifics of the highway construction and utility adjustment necessary, early completion of the utility adjustment may not be practical. The district utilities staff should negotiate with the utility owner to determine the schedule parameters necessary for the utility adjustment. At a minimum, the utility owner should document the dates it anticipates starting and completing the work. If a utility adjustment depends upon the completion of a portion of the highway construction, the necessary milestone for starting the utility adjustment should be documented along with an anticipated number of working days to complete the utility adjustment. The schedule is included as Exhibit “C” to the agreement.&lt;br /&gt;
&lt;br /&gt;
==643.2.11 Pre-Audits==&lt;br /&gt;
The district utility staff performs a pre-audit review and approval prior to preparation of the agreement. A [https://epg.modot.org/forms/general_files/DE/PreAuditChecklist.docx pre-audit checklist] should be completed and saved in MoProjects.&lt;br /&gt;
&lt;br /&gt;
==643.2.12 Utility Agreements==&lt;br /&gt;
Whenever the Commission is responsible for the cost of the necessary adjustments to allow highway construction, an agreement is required. If a Master Reimbursable Utility Agreement (see [[#643.2.12.2_Master_Reimbursable_Utility_Agreements|EPG 643.2.12.2]]) has not been executed with the utility owner, a Project Specific Agreement (see [[#643.2.12.3_Project_Specific_Agreements|EPG 643.2.12.3]]) is executed between the utility owner and the Commission. In some cases, it may be more practical for the Commission to include adjustment of utilities into a Commission administered contract. A Utility Agreement - Actual Cost (For Utility Work That is to be Included in the Missouri Highways and Transportation Commission&#039;s Road Project) (see [[#643.2.12.4_Agreement_for_Utility_Work_Included_in_Roadway_Improvement_Project|EPG 643.2.12.4]]). Agreements include a plan of adjustment (Exhibit “A”), cost estimate (Exhibit “B”), and schedule (Exhibit “C”).&lt;br /&gt;
&lt;br /&gt;
The Utility Agreement boilerplate forms have been approved by the Chief Counsel’s Office (CCO). They are identified in the upper left-hand corner of each agreement by an identifier such as CCO Form: UT01 for the Master Reimbursable Utility Agreement. CCO updates these agreements as necessary. They serve as a guide in the preparation of the agreement to be executed with the utility owner for the adjustments required to their utility facilities to accommodate the proposed roadway improvement project. District utilities staff should use the latest version of the agreement found in [https://netprod3.dot.missouri/eAgreements/Search/QuickSearch eAgreements] in drafting an agreement with utility owners. A list of utility agreements and detailed information concerning the sequence for preparing and executing an agreement is available in EPG [[:Category:153_Agreements_and_Contracts|153 Agreements and Contracts]].&lt;br /&gt;
&lt;br /&gt;
These forms are to be used word for word. Revisions or additions are only made to address specific project details. The intent of each paragraph must be retained, although specific words may be revised to fit the particular situation. No paragraphs are deleted without prior approval from CCO. For guidance on acceptance of liability, refer to the [[:Category:153_Agreements_and_Contracts#153.1.1.2_Acceptance_of_Liability_Policy_(MoDOT_Access_Only)|Acceptance of Liability Policy]] at the CCO SharePoint page. Drafts of agreements having major revisions or complications are to be submitted, with supporting data, to Design Division for comment and approval.&lt;br /&gt;
&lt;br /&gt;
A reference to 23 CFR 645 is included in all agreements. Utility owners must be acquainted with these requirements and procedures. The incorporation of 23 CFR 645 by reference in all agreements eliminates the need for a second set of regulations to be included in the document.&lt;br /&gt;
&lt;br /&gt;
The agreement for the adjustment of a utility is prepared by the district utilities staff and submitted to the utility owner for execution. The agreement is based on the plan, estimate of cost which was prepared in accordance with 23 CFR 645, and schedule. Authorized individuals representing the utility owner will execute the agreement. The agreement must be signed, sealed, and if necessary, notarized by the utility owner. If the utility owner does not have or use a corporate seal, write &amp;quot;NO SEAL&amp;quot; under the signatures of the owner’s officers. Agreements with political subdivisions are to be supported by an appropriate ordinance, a copy of which is to be submitted with the executed agreements. All copies will be forwarded to the CCO for further handling. A fully executed copy of the agreement will be retained in eAgreements. If the agreement was executed using electronic signatures, the district utilities staff should forward an electronic copy of the fully executed agreement to the utility owner. If the agreement was executed using wet signatures, one (1) paper copy of the fully executed agreement will be returned by the Commission Secretary’s Office to the district utilities staff. The district utilities staff will forward this copy to the utility owner.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.1 Buy America Build America Requirements===&lt;br /&gt;
All agreements contain information on Buy America Build America (BABA) compliance. The utility owner should select the method of certification (See [[#643.2.19_Buy_America_Build_America_for_Utilities|EPG 643.2.19]]) at the time of agreement completion. The appropriate paragraph will be inserted into the agreement. All BABA compliance documents must be retained by the utility owner and made available upon request at no cost to the Commission and/or FHWA.&lt;br /&gt;
&lt;br /&gt;
====643.2.12.1.1 Utility Owner Self-Certification====&lt;br /&gt;
The City/Company certifies that when determining products/materials subject to Buy America Build America requirements to use in the performance of this Agreement, it shall use only such products/materials for which it has received a certification from its supplier, or provider of construction services that procures the product/material, certifying compliance with Buy America Build America requirements. This does not include products/materials for which waivers have been granted pursuant to 23 CFR 635.410. The City/Company will not be required to provide the Commission copies of the supplier certification as part of this Agreement or with the final invoice of said Commission’s Federal-Aid Highway Construction Project.&lt;br /&gt;
&lt;br /&gt;
====643.2.12.1.2 Vendor/Manufacturer Certification====&lt;br /&gt;
The City/Company certifies that when determining products/materials subject to Buy America Build America requirements to use in the performance of this Agreement, it shall use only such products/materials for which it has received a certification from its supplier, or provider of construction services that procures the product/material, certifying compliance with Buy America Build America requirements. This does not include products/materials for which waivers have been granted pursuant to 23 CFR 635.410. The City/Company shall provide to the Commission all Buy America compliance documents as outlined in the Commission’s Engineering Policy Guide 643. All required compliance documents shall accompany the final invoice submitted to the Commission.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.2 Master Reimbursable Utility Agreements===&lt;br /&gt;
The UT01: Master Reimbursable Utility Agreement (MRUA) is a statewide agreement that has been executed by the utility owner and the Commission for all future reimbursable utility adjustments between both parties. Once a MRUA is executed, no other utility agreements are required on design-bid-build projects. The district utilities staff should encourage utility owners to enter into a MRUA with the Commission to reduce potential future delays in executing a project specific agreement. A list of previously executed [https://modotgov.sharepoint.com/sites/DE/Utilities/Agreements/MRUA%20-%20Existing?csf=1&amp;amp;web=1&amp;amp;e=4LJHoa Master Reimbursable Utility Agreements (Modot Access Only)] is available. District utilities staff should add newly executed agreements to this list. The MRUA can be employed as either an actual cost ([[#643.2.12.3.1_Actual_Cost_Agreements|EPG 643.2.12.3.1]]) or lump sum ([[#643.2.12.3.2_Lump_Sum_Agreements|EPG 643.2.12.3.2]]) agreement. When the reimbursable adjustment will utilize a MRUA, the district utilities staff will prepare a MRUA correspondence letter (“letter agreement”) referencing the executed MRUA. A copy of the MRUA correspondence letter should be saved in MoProjects for reference by Financial Services, the district construction office, and the district staff responsible for inspection of utility adjustments. All project specific items such as type of agreement (actual cost or lump sum), plan of adjustment, estimated total cost, cost allocation, and schedule are addressed in the MRUA correspondence letter from the district utilities staff to the utility owner. A flowchart of the MRUA process is available.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.3 Project Specific Agreements===&lt;br /&gt;
If a utility owner does not have a MRUA with the Commission, a project specific agreement will be required for every project for which the Commission is responsible for the necessary adjustments to allow highway construction. The project specific agreement will be either an actual cost ([[#643.2.12.3.1_Actual_Cost_Agreements|EPG 643.2.12.3.1]]) or lump sum ([[#643.2.12.3.2_Lump_Sum_Agreements|EPG 643.2.12.3.2]]) agreement.&lt;br /&gt;
&lt;br /&gt;
====643.2.12.3.1 Actual Cost Agreements====&lt;br /&gt;
The UT03: Utility Agreement – Actual Cost is used when detailed estimates are not practical or costs appear to be questionable. Details on actual cost estimates can be found at [[#643.2.12.3.1_Actual_Cost_Agreements|EPG 643.2.9.2.1 Actual Cost Estimates]]. Once the final invoice on a UT03 is submitted to Financial Services, district utilities staff should change the status on the agreement in eAgreements to completed.&lt;br /&gt;
&lt;br /&gt;
====643.2.12.3.2 Lump Sum Agreements====&lt;br /&gt;
The UT02: Utility Agreement – Lump Sum eliminates the need for keeping detailed records of cost and the auditing of cost records. Estimates of cost must be prepared in detail for use of this agreement. When detailed estimates are not practical or costs appear unreasonable, actual cost agreements are to be used. Use of special forms of agreements, such as &amp;quot;subordination agreements&amp;quot;, which are desired by certain utility owners, is acceptable. These, too, must be revised to cover the particular situation. Details on lump sum estimates can be found at [[#643.2.9.2.2_Lump_Sum_Estimates|EPG 643.2.9.2.2 Lump Sum Estimates]]. Once the final invoice on a UT02 is submitted to Financial Services, district utilities staff should change the status on the agreement in eAgreements to “completed”.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.4 Agreement for Utility Work Included in Roadway Improvement Project===&lt;br /&gt;
The UT04: Utility Agreement - Actual Cost (For Utility Work That is to be Included in the Missouri Highways and Transportation Commission&#039;s Road Project) allows for the adjustment to be based on actual cost with the roadway contractor performing the utility work. Caution should be exercised in the type of utilities to be relocated in roadway contracts. Utilities recommended are waterlines and sewer lines. Other utilities, such as gas lines, communication lines, and power lines are to be studied thoroughly before being included in the project.&lt;br /&gt;
&lt;br /&gt;
The Transportation Project Manager and district utilities staff must plan ahead to get this work in the roadway contract. The utility owner must agree to include the utility adjustment in the roadway contract. The adjustment may be on highway right of way or on private easement in the name of the utility owner. The utility owner can agree to allow MoDOT’s contractor to work in its easement. However, district utilities staff in consultation with district right of way staff should review the easement documentation to verify the utility owner’s rights to the easement and any limitations on its use. MoDOT’s contractor can work and operate on both Commission right of way and on the utility easement, even when not directly connected to the Commission right of way, as part of the job site. Temporary construction easements may be necessary in addition to the utility easement to ensure adequate working room for the contractor.&lt;br /&gt;
&lt;br /&gt;
:The utility owner may request exemption to any liability for negligence of our contractor working on their easement. The Commission can assume that liability (refer to [[:Category:153_Agreements_and_Contracts#153.1.1.2_Acceptance_of_Liability_Policy_(MoDOT_Access_Only)|Acceptance of Liability Policy]]), but it should be included in the utility agreement if so desired by the utility owner. A Job Special Provision is necessary to require the MoDOT contractor to hold the utility harmless from all claims due to contractor negligence.&lt;br /&gt;
&lt;br /&gt;
Subsurface information, i.e. boring data, etc., should be obtained by the utility owner since it may be needed for the design of the utility adjustment. This information should be included in the plans. If the utility owner must bear all or part of the cost of the adjustment, the utility owner must agree to pay a pre-deposit to the Commission prior to opening bids on the project. This should be in the utility agreement. The pre-deposit will be credited to the &amp;quot;Missouri Highway and Transportation Commission - Local Fund.&amp;quot; Any interest earned in the fund will apply to the cost of the adjustments. The utility agreement will include language that the utility will inspect the installation and assume maintenance of the utility facility after construction. MoDOT will also provide engineering supervision to be sure the road contractor is in compliance with the contract. Utility plans and specifications are to be approved by the owner prior to submittal to the Central Office. The following items will provide minimum information to allow MoDOT’s contractor to bid the work.&lt;br /&gt;
# Individual bid items (not &amp;quot;lump sum&amp;quot;) should be established to promote better bidding and to handle overruns and underruns. Bid items not included on the Computer Stored Bid Item list should be &amp;quot;99&amp;quot; numbers.&lt;br /&gt;
# he bid package must be in our letting format. If the package was prepared by a consultant as if the utility owner were going to let it, all bid bond or bidding procedures must be screened to remove requirements contrary to MoDOT letting requirements. District utilities staff should work with the Transportation Project Manager, Design Liaison Engineer, and Central Office Bidding and Contract Services to ensure this requirement is met.&lt;br /&gt;
# The specifications required by the utility owner should be reviewed for items that could cause a bid problem for our contractor. Items such as non-readily available materials or sizes should be avoided.&lt;br /&gt;
# Utility plan sheets should be .pdf files equivalent to 22 in. x 34 in. It is helpful to have a quantity sheet specifically for utility items.&lt;br /&gt;
# Any special procedures required for the utility installation should be included in the Job Special Provisions.&lt;br /&gt;
# The utility package should be submitted on-time to Central Office with other project plans.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.5 Agreement for a Utility Only Project===&lt;br /&gt;
Any of the above agreements can be modified for a utility only project separate from the roadway project. The utility only project may be done by forces hired by the utility owner or by the Commission. A separate utility only project has distinct advantages when the following occurs:&lt;br /&gt;
* The utility work is extensive&lt;br /&gt;
* It must be performed in accordance with the utility owner’s seasonal requirements&lt;br /&gt;
* It extends beyond the limits of the construction project&lt;br /&gt;
* It must be performed considerably in advance of the roadway contract&lt;br /&gt;
&lt;br /&gt;
Necessary environmental and design work is still required for the limits of the separate utility only project. It may be necessary in these cases to have a second agreement with the utility owner to cover any other work that must be performed concurrently with the roadway contract. These latter agreements will use the roadway construction job number. Early need for utility projects is to be determined at the time when the STIP is updated each year. The utility construction funds will be shown in the year right of way funds are assigned. This will be done whenever possible to secure early adjustment of utility facilities. A request by the district is sent to the Planning Division. Estimated dollar amounts for utility adjustments are needed. These are estimates and do not need to be extremely accurate. When a special utility project is established, it is preferred, if at all possible, to include all the utility adjustments necessary for the entire roadway project. If funds are available, additional agreements can be added to this utility project until the final invoice for the first completed agreement is received for payment.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.6 Supplemental Agreements===&lt;br /&gt;
For utility owners with a UT01 agreement, a supplemental letter agreement documenting the change in the scope or cost of the work is acceptable.&lt;br /&gt;
&lt;br /&gt;
The UT05: First Supplemental Agreement is used to document changes to UT02 and UT03 agreements. If changes to the scope of work occur that are anticipated to exceed $100,000 or 15% of the original agreement, a UT05 is required. If the final invoice on an actual cost adjustment without changes in the scope of work exceeds the limits shown in the table below, a UT05 is required.&lt;br /&gt;
&lt;br /&gt;
{| class=&amp;quot;wikitable&amp;quot; style=&amp;quot;margin-left: 25px; text-align:center&amp;quot;&lt;br /&gt;
! Amount in Original Actual Agreement !! Final Bill Total Exceeds Original Amount by:&lt;br /&gt;
|-&lt;br /&gt;
| 0-$25,000 || 50%&lt;br /&gt;
|-&lt;br /&gt;
| $25,000-$100,000 || 40%&lt;br /&gt;
|-	&lt;br /&gt;
| Exceeds $100,000 || 30%&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
Should multiple UT05s be required with the same utility owner, the UT05 should be modified for additional supplemental agreements. Once the final invoice on an UT05 is submitted to Financial Services, district utilities staff should change the status on the agreement in eAgreements to “completed”.&lt;br /&gt;
&lt;br /&gt;
==643.2.13 Utility Adjustments in Roadway Plans and Job Special Provisions (JSPs)==&lt;br /&gt;
It is the responsibility of the MoDOT Transportation Project Manager (TPM) to ensure utility plans of adjustment are shown on the project plans at the Plan, Specification, and Estimate (PS&amp;amp;E) stage based upon information coordinated by the district utilities staff with the appropriate utility owner.&lt;br /&gt;
&lt;br /&gt;
===643.2.13.1 Plans===&lt;br /&gt;
A legend showing all applicable utility symbols and the names of the utility owners is shown on the first special utility sheet. In the absence of special utility sheets, this information may be shown on the title sheet or the first plan and profile sheet. The following note is required to be placed on the title sheet or the first plan and profile sheet and the first special utility sheet (if used) to inform contractors of the suitability of the utility information contained on the plans.&lt;br /&gt;
&lt;br /&gt;
&amp;quot;The existence and approximate location of utility facilities known to exist, as shown on the plans, are based on the best information available to the Commission at this time. This information is provided by the Commission &amp;quot;as-is&amp;quot; and the Commission expressly disclaims any representation or warranty as to the completeness, accuracy, or suitability of the information for any use. Reliance upon this information is done at the risk and peril of the user, and the Commission shall not be liable for any damages that may arise from any error in the information&amp;quot;.&lt;br /&gt;
&lt;br /&gt;
===643.2.13.2 Job Special Provisions===&lt;br /&gt;
Since the addition of utility information on the plans, supplied by a third party, could subject the Missouri Highway and Transportation Commission to additional liability, a Utility JSP reflecting the status of utility adjustments will be required. The JSP will include the name, address, e-mail address, and telephone number of all utility owner representatives for all utility facilities located on the project. The anticipated adjustment completion date for each utility adjustment is also to be shown based on the agreed upon dates, durations, or completion dates with the utility owner’s representative. This information will inform the bidder of the status of utilities for proper work coordination that could affect the bids for the proposed highway construction project. Status notations will include general notations such as: “N/A”, “Work is in progress”, “Work has not started”, “Work is complete”, and “Work is included in contract.”&lt;br /&gt;
&lt;br /&gt;
===643.2.13.3 PS&amp;amp;E Submittal===&lt;br /&gt;
In the District Final Plans Submittal Checklist (D-12), the TPM should note any issues related to existing utility facilities or the adjustment of utility facilities either shown or not shown on the plans. Projects with “No Utility Impacts” such as some overlays, striping, bridge washing, etc. do not need a Utility Status Letter or Utility JSP. The D-12 is used for these projects. In the D-12, under Project Details – “Utilities”, the note “NO” is selected and under “Status”, select “Clear”. For all other projects, the district utilities staff will write a Utility Status Letter. The TPM will include the Utility Status Letter with the submittal of the final plans to the Design Division. The Utility Status will be defined as:&lt;br /&gt;
# Utility facilities are present, but no conflict is anticipated with the highway construction project. Or,&lt;br /&gt;
# All utility facilities requiring adjustment to allow highway construction have been physically adjusted on the project. Or,&lt;br /&gt;
# Utility construction work is planned or active and will be completed to such a point that no impact will be expected to the highway construction project. The status of this work is defined in the utility JSP. Or,&lt;br /&gt;
# Utility facilities are not expected to be adjusted by the notice to proceed date for the road project, but the utility work will have no impact on the progress of the highway construction project. The status of this work is defined in the utility JSP. Or,&lt;br /&gt;
# Utility facilities must be adjusted after the road contractor completes stage construction or in coordination with the contractors’ work. Details of the coordination effort required of the contractor are defined in the utility JSP to properly advise bidders. Or,&lt;br /&gt;
&lt;br /&gt;
# Utility adjustment plans and specifications are included in the bid documents for the highway construction project. A UT04 agreement must be executed.&lt;br /&gt;
&lt;br /&gt;
==643.2.14 Payment to Utility Companies for Reimbursable Work==&lt;br /&gt;
Authorization and federal funding obligation must be approved prior to incurring costs. This applies to all types of work on utility facilities including preliminary engineering. An obligation is a commitment by the federal government to reimburse MoDOT for the federal share of a project’s eligible cost.&lt;br /&gt;
&lt;br /&gt;
===643.2.14.1 Obligation Process===&lt;br /&gt;
Federal funding can be used with both lump sum and actual cost agreements. After the utility agreement is fully executed, the district utilities staff will email a copy of the utility agreement or the letter agreement referencing the MRUA to the email group OBLIGATE. This email should request the authorization authority for use of federal funds and to be informed of a Notice to Proceed (NTP) (see [[#643.2.15_Notice_to_Proceed|EPG 643.2.15]]) date by Financial Services once federal funding has been obligated. District utilities staff should allow three (3) weeks to receive the NTP. Financial Services will use Advance Construction (AC) funding to fund reimbursement to utility owners. With AC funding, state funds initially are used to pay for reimbursement to utility owners. Once construction is complete, with appropriate documentation of the work via the [https://epg.modot.org/forms/general_files/DE/C-9.docx C-9] and [https://epg.modot.org/forms/general_files/DE/C-13.docx C-13], Financial Services will convert to federal funding.&lt;br /&gt;
&lt;br /&gt;
===643.2.14.2 Preliminary Engineering===&lt;br /&gt;
On occasion, preliminary engineering (PE) may need to be undertaken by the utility owner prior to the execution of a utility agreement. If a utility owner has a MRUA, an estimate of the cost of the PE work by the utility owner may be used to obligate funding for preliminary engineering under the MRUA as a PE only letter agreement. If a lump sum or actual cost agreement will be required with the utility owner for the project, district utilities staff should do two (2) agreements with one agreement covering PE only, and once a design for the adjustment is obtained, a second agreement for the construction of the adjustment should be executed. If a separate PE only agreement is obtained, NTP will need to be issued twice to the utility owner: once for PE and once for construction.&lt;br /&gt;
&lt;br /&gt;
===643.2.14.3 Right of Way===&lt;br /&gt;
Once Notice to Proceed has been given, the utility owner may begin the right of way acquisition process. If the utility owner needs to acquire right of way prior to a full agreement for relocation has been negotiated, the agreement specifically for the acquisition of right of way should be executed. This agreement will be sent to Financial Services to begin the obligation process.&lt;br /&gt;
&lt;br /&gt;
===643.2.14.4 Construction===&lt;br /&gt;
Payment to utility owners for construction of the adjustment may occur in a number of phases.&lt;br /&gt;
&lt;br /&gt;
====643.2.14.4.1 Prepayment====&lt;br /&gt;
Per the utility agreement, the Commission allows utility owners to be prepaid prior to commencing work. The district utilities staff may negotiate the prepayment if the utility owner is receptive. The utility owner will submit a request for prepayment with an invoice prior to any prepayment. Route, county, and job number must be included in the request. The district utilities staff will submit a request to Financial Services with a copy saved in MoProjects for future reference by the district staff responsible for inspection of the utility adjustment.&lt;br /&gt;
&lt;br /&gt;
====643.2.14.4.2 Progress Payments====&lt;br /&gt;
If a utility owner has not been prepaid the entire estimated amount in the utility agreement, then the utility owner may request progress payments after completing a portion of the proposed work, including PE.&lt;br /&gt;
&lt;br /&gt;
Progress payments for PE by consultants should not exceed the &amp;quot;maximum not to exceed amount&amp;quot; shown in the cost estimate unless additional costs are approved first by district utilities staff.&lt;br /&gt;
&lt;br /&gt;
For progress payments, the utility owner is required to submit only a summary of work and materials for which payment is claimed, not a detailed billing. District utilities staff should check only to be sure that sufficient work has been done to justify making the requested payment. Payment should be made for allowable costs incurred up to the date of the progress payment request.&lt;br /&gt;
&lt;br /&gt;
Progress payment invoices do not relieve the utility owner of the responsibility of submitting one complete and final invoice upon completion of the adjustment. The utility owner’s address must be shown on the invoice. The district utilities staff should submit progress payment invoices and applicable C-9s to Financial Services within one (1) week of receipt of invoice.&lt;br /&gt;
&lt;br /&gt;
One copy of the progress payment and one copy of the district utilities staff letter of recommendation must be sent to Financial Services for payment and be stored in MoProjects. The cover memo should include the project number, route, county, actual cost or lump sum utility agreement, Commission obligation percentage, total cost estimate of Commission obligation, and indicate the progress payment number, i.e., progress payment number 1, 2, 3, etc. If more than one progress payment is requested by the utility company, the district should submit progress payment bills to Financial Services in the following format:&lt;br /&gt;
{| class=&amp;quot;wikitable&amp;quot; style=&amp;quot;margin-left: 25px; text-align:center&amp;quot;&lt;br /&gt;
! Payment !! Amount&lt;br /&gt;
|-&lt;br /&gt;
| Progress Payment #1 || $50,000&lt;br /&gt;
|-&lt;br /&gt;
| Progress Payment #2 || 10,000&lt;br /&gt;
|-	&lt;br /&gt;
| Total Payment to Date || $60,000&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
This format will help clarify payment history with the utility owner. Progress payments for actual cost utility agreements may not exceed the Commission&#039;s total estimated cost shown in the agreement. However, if the request for a progress payment exceeds the original estimate, a change order with explanation should accompany the request. (See [[#643.2.16.5_Change_Orders|EPG 643.2.16.5 Change Orders]].)&lt;br /&gt;
&lt;br /&gt;
====643.2.14.4.3 Final Payment====&lt;br /&gt;
Utility owners are required to submit a detailed final invoice to MoDOT for all actual cost reimbursable utility work and for any lump sum reimbursable utility work that was not prepaid. For prepaid lump agreements, the utility owner must submit a zero-dollar ($0) invoice to demonstrate the work has been completed. After the utility work has been fully completed, the district utilities staff responsible for inspection should send the utility owner a “60 Day” Final Acceptance Letter requesting a complete final invoice within 60 days, as detailed in the utility agreement. If the final invoice is not received from the utility owner within 30 days, then a follow up letter should be sent (i.e., “30 Day” Reminder Final Invoice Letter) reminding the utility owner of its obligation to submit a final invoice within 60 days of the completed work. If a final invoice from the utility owner is not received within this timeframe, then the district utilities staff should contact the Design Liaison Engineer for guidance on how to close out the work.&lt;br /&gt;
&lt;br /&gt;
The district utilities staff is expected to check the final bill within two (2) weeks after receipt in as much detail as possible against the C-9. It is their responsibility to verify from field records the quantities of labor, equipment, material used, material retired, and to justify all changes made. If the utility owner’s contractor made the adjustment at unit cost prices, then it is the district utility staff’s responsibility to verify the number of units completed and not the hours of labor and equipment. It is also important for the utility owner to show the words “final bill” or “final invoice” on the last bill, in order for MoDOT to understand that no additional charges will be made on the adjustment. The final bill must show a general description of the utility adjustment, the highway project number, the date on which work was completed or last item of billed expense was incurred, and the location where records can be audited. The order of items in the final statement should follow as closely as possible the order of items in the original estimate. A summary, on the utility owner’s letterhead, of the total cost of preliminary engineering, construction engineering, right of way, labor, overhead, construction travel expense, transportation, equipment, materials, supply, handling, and salvage credits should be shown in a way that will permit direct comparison with the approved estimate from the original or supplemental agreements (see EPG 643.2.12.6).&lt;br /&gt;
&lt;br /&gt;
If the Actual Cost final invoice shows a much higher cost than the original estimate without scope change, the utility owner is required to give reasons in a letter to the district utilities staff explaining why the invoice cost increased. When the Actual Cost final invoice exceeds the amount shown in the table in EPG 643.2.12.6, a supplemental agreement is required.&lt;br /&gt;
&lt;br /&gt;
When the district utilities staff has determined that the final invoice is accurate, the C-13 should be completed. Once the C-13 is completed, the C-13 and the final invoice from the utility owner are forward to Financial Services. For Actual Cost agreements, the C-9s should also be included in this transmittal. If no additional payments are required, the district utilities staff should note this in the transmittal as well. If the final invoice indicates previous payments to a utility owner exceeded the final invoice, the utility owner will need to send MoDOT a check for the overpayment amount. The check should be made payable to Director of Revenue – Credit State Road Fund. If the utility owner did not send MoDOT an overpayment check with the final invoice, district utilities staff should send a letter to the utility owner requesting the refund amount. Submittal of the final invoice to Financial Services should not occur until repayment has been received. The submittal to Financial Services should note the receipt of the repayment check.&lt;br /&gt;
&lt;br /&gt;
==643.2.15 Notice to Proceed==&lt;br /&gt;
For PE only, once an agreement has been executed, and Financial Services has advised that authorization from FHWA has been received, district utilities staff will issue a notice to proceed (NTP) letter to the utility owner for the PE. For agreements that include PE and construction or once a final agreement for construction has been executed, right of way clearance has been issued, and Financial Services has advised that authorization from FHWA has been received, the district utilities staff will issue NTP to the utility owner for construction. See Example of Notice to Proceed Letter. If salvage credit is part of the agreement with the utility owner, the NTP letter should include a statement that the utility owner will need to inform district utilities staff of the time and place that inspection may be made of the removed material. The utility owner may be held accountable for full value of materials disposed without proper notice. Utility owners may purchase materials prior to NTP for construction; however, no other work on the adjustment necessary to allow highway construction may begin prior to NTP for construction. The utility owner, for reasons of planning their workload or due to seasonal situations, may request early authorization to perform the work. This request, with the district utilities staff recommendations, is sent to the Design Liaison Engineer for further handling, approval, and advancement of the necessary funds. A copy of the NTP should be saved in MoProjects. If a utility owner begins adjustments prior to NTP for construction, district utilities staff should notify the utility owner immediately in writing that reimbursement will not be made for work done prior to NTP for construction.&lt;br /&gt;
&lt;br /&gt;
==643.2.16 Construction of Utility Adjustments==&lt;br /&gt;
===643.2.16.1 Utility Owner Self-Perform===&lt;br /&gt;
As per 23 CFR 645.115 Construction, it may be cost-effective for certain utility adjustments to be performed by a utility owner with its own internal forces and equipment, provided the utility owner is qualified to perform the work in a satisfactory manner. This cost-effectiveness finding covers minor work on the utility owner’s existing utility facilities routinely performed by the utility owner with its own forces.&lt;br /&gt;
&lt;br /&gt;
===643.2.16.2 Construction Contract Requirements===&lt;br /&gt;
When the utility owner is not adequately staffed and equipped to perform such work with its own forces and equipment at a time convenient to coordination with the associated highway construction, such work may be done one of four ways for utility adjustments:&lt;br /&gt;
# MoDOT can provide the construction services, via awarded contract to the lowest qualified bidder based on appropriate solicitation. This can be done by including the adjustment work in the roadway improvement project (EPG 643.2.12.4 Utility Agreement for Utility Work Included in Roadway Improvement Project) or by having a utility only project (EPG 643.2.12.5 Utility Only Project).&lt;br /&gt;
# The utility owner can award a construction contract to the lowest qualified bidder based on appropriate solicitation.&lt;br /&gt;
# The utility owner can utilize an existing continuing contract, provided the costs are reasonable (see EPG 643.2.9.1 Independent Cost Estimate).&lt;br /&gt;
# The utility owner can contract for low-cost incidental work, such as tree trimming and the like, without competitive bidding, provided the costs are reasonable (see EPG 643.2.9.1 Independent Cost Estimate).&lt;br /&gt;
&lt;br /&gt;
When a utility owner chooses option 2 to award its own new construction contract, the utility owner must provide the following documents and information to the district utilities staff. These documents need to be provided as soon as the utility owner has chosen to pursue a construction contract. Document 1 must be supplied by all utility owners. Documents 2 and 3 are only required when the utility owner is a local government agency who is also a political subdivision of the state of Missouri (e.g., city-owned utilities, county-owned utilities). All other utility owners are encouraged, but not required, to provide Documents 2 and 3.&lt;br /&gt;
# A statement that the utility owner is not staffed or able to perform the required construction activities with its own forces.&lt;br /&gt;
# A copy of the request for proposal used to secure bids.&lt;br /&gt;
# A list of a minimum of 3 bidders whom they believe can do the work. &#039;&#039;&#039;Political subdivisions are required to advertise for the work&#039;&#039;&#039;.&lt;br /&gt;
# Upon review of these documents, the district utilities staff will advise the utility owner to proceed with the solicitation of bids, but the utility owner will not be permitted to award the contract without the concurrence of district utilities staff. For lump sum agreements, approval of contract work and subcontract work is not required.&lt;br /&gt;
&lt;br /&gt;
The following documents need to be provided as soon as the utility owner has determined the lowest qualified contractor and would like to award the project. Document 1 must be supplied by all utility owners. Document 2 is only required when the utility owner is a local government agency who is also a political subdivision of the state of Missouri (e.g., city-owned utilities, county-owned utilities). All other utility owners are encouraged, but not required, to provide Document 2.&lt;br /&gt;
# The name address of the lowest qualified contractor.&lt;br /&gt;
# The tabulation of bids received and other information to support their recommendation for award to the lowest qualified bidder.&lt;br /&gt;
&lt;br /&gt;
The district utilities staff will review and approve the utility owner&#039;s bid information prior to the award of the contract. The Design Liaison Engineer is available to assist the district with review of bid information if necessary. Once the district utilities staff provides concurrence, the utility owner may proceed with awarding the contract. When the utility owner is a local government agency who is also a political subdivision of the state of Missouri (e.g., city-owned utilities, county-owned utilities), a copy of the executed contract must be shared with the district utilities staff. All other utility owners are encouraged, but not required, to provide a copy of the executed contract.&lt;br /&gt;
&lt;br /&gt;
A checklist is available for reviewing contracts to ensure the contract conforms to MoDOT policy and complies with applicable federal regulations.&lt;br /&gt;
&lt;br /&gt;
When a utility owner chooses to utilize a an existing continuing contract, the utility owner will submit a copy of the contract to the district utilities staff. The district utilities staff will review the contract for reasonableness of cost. If district utilities staff and the utility owner’s representative cannot agree on the reasonableness of cost, then the utility owner will be required to award a new construction contract.&lt;br /&gt;
&lt;br /&gt;
===643.2.16.3 Inspection===&lt;br /&gt;
The degree of inspection needed for utility adjustments will vary considerably with the nature and location of the work and whether the Commission is responsible for any portion of the cost of reimbursement. Judgment must be used regarding the manner and regularity of inspection duties. Some phases of the work require a very close check to ensure that the highway will not be adversely affected and to ensure satisfactory performance of work in accordance with the agreement and plans. The degree of inspection may vary from spot checking of overhead installations to continuous close observation of backfilling trenches beneath proposed pavement, embankment area, or adjacent to bridge abutments. Proper inspection can ensure that the utility adjustment is completed as efficiently as possible to minimize future impacts to the utility facility and the highway construction project. A [https://epg.modot.org/forms/general_files/DE/UtilityFieldInspectionChecklist.docx Field Inspection Checklist] to assist district utilities staff responsible for inspection is available.&lt;br /&gt;
&lt;br /&gt;
If it is found that any actual cost reimbursable utility adjustment is being performed by unapproved contractors, district utilities staff should direct the work to stop. The utility owner’s representative should be informed immediately and should be advised in writing that the costs incurred by an unapproved contractor are not eligible for reimbursement under provisions of the agreement. The district utilities staff can take appropriate steps to approve a subcontract and advise when the utility owner can recommence work.&lt;br /&gt;
&lt;br /&gt;
===643.2.16.4 Documentation===&lt;br /&gt;
All documents related to the construction of the utility adjustment necessary to allow highway construction should be stored in MoProjects.&lt;br /&gt;
&lt;br /&gt;
Construction records must be kept to confirm that work is done in accordance with the terms of the agreement and in the manner proposed in the plans. The importance of a complete and accurate record cannot be overemphasized. Detailed records are necessary to support the recommendation for payment of the final invoice. A complete, separate daily record must be kept on each actual cost adjustment and submitted for review when the final invoice is recommended for payment. This district utilities staff responsible for inspection should complete the Daily Utility Report (C-9).&lt;br /&gt;
&lt;br /&gt;
====643.2.16.4.1 Utility Reports====&lt;br /&gt;
The Daily Utility Report ([https://epg.modot.org/forms/general_files/DE/C-9.docx Form C-9]) and the Final Utility Report ([https://epg.modot.org/forms/general_files/DE/C-13.docx Form C-13]) are used for documenting utility adjustments necessary to allow highway construction. The use of C-9s and C-13s will vary with method of reimbursement. For utility adjustments necessary to allow highway construction that overlap with the highway contractor’s work, progress records should be kept as necessary to coordinate the highway and utility construction activities. Sufficient records must be maintained to check and verify the items of labor, equipment, materials, and salvaged items as submitted on the final invoice.&lt;br /&gt;
&lt;br /&gt;
=====643.2.16.4.1.1 Daily Utility Report (C-9)=====&lt;br /&gt;
C-9s are only required for actual cost agreements. The district utilities staff responsible for inspection must in all cases keep records to document inclement weather, down time, and verbal authorization for minor changes. The district utilities staff responsible for inspection must complete a C-9 documenting the number and classification of employees and number of hours worked. Records of material used and of retired materials returned to stock or scrapped must be kept. The utility owner’s major items of equipment must also be recorded. When work is done by the contract method based on unit prices, the district utilities staff responsible for inspection should ascertain that units of work as provided in the bid proposal are measured and recorded to form a basis for checking the final invoice. C-9s should list the location and the number of units of work accomplished for that period. If contract labor or equipment is used by a utility owner on the basis of a bid per hour, per day, etc., it will be necessary to keep records on this labor or equipment time in the same manner as if the utility owner were performing the work with its own internal forces. District utilities staff responsible for inspection should also note all contractors working for the utility owner and the contractor approval authorization dates given in the agreement.&lt;br /&gt;
&lt;br /&gt;
=====643.2.16.4.1.2 Final Utility Report (C-13)=====&lt;br /&gt;
C-13s summarize that the utility adjustment work that was done in accordance with the agreement and plans, the percentage of total cost that is the responsibility of the Commission, and any progress payments that have been made. A C-13 is required for both actual cost and lump sum agreements. The requested numbers shown on line 9 (Commission Estimated Cost) and line 10 (Amount of Final Bill) in the report are the Commission’s total responsibility.&lt;br /&gt;
&lt;br /&gt;
====643.2.16.4.2 Breakdown and Emergency====&lt;br /&gt;
When breakdown and emergency situations occur, prior approval by MoDOT is not required for contract or equipment rental work unless the cost or period of time will be extensive. The utility owner should furnish a letter as soon as possible to explain the situation and set out the estimated costs involved. The district utilities staff’s records should substantiate the need and the changes for personnel and equipment.&lt;br /&gt;
&lt;br /&gt;
====643.2.16.4.3 Stop Work====&lt;br /&gt;
If at any point, a stop work order is given by MoDOT to a utility owner, written documentation of the stop work order should be saved in MoProjects.&lt;br /&gt;
&lt;br /&gt;
===643.2.16.5 Change Orders===&lt;br /&gt;
Any change in the plan of adjustment should be documented in writing to the utility owner as a change order. If the change order is anticipated to exceed $100,000 or 15% of the original agreement amount, district utilities staff should negotiate a supplemental agreement with the utility owner’s representative. Once a supplemental agreement is in place, district utilities staff should contact Financial Services to obtain an adjustment of the obligation mid-project. Change orders without supplemental agreements will be settled once the project is complete.&lt;br /&gt;
&lt;br /&gt;
====643.2.16.5.1 Actual Cost Agreement====&lt;br /&gt;
Slight modifications in quantities or the addition of minor items not included with the original agreement do not require a supplemental agreement. However, such changes should be documented in writing with the utility owner. A supplemental agreement is needed if costs exceed the above threshold or if there is a change in the percentage of cost that is the Commission’s responsibility on an agreement with shared responsibility for costs. Intermediate partial payments cannot be made on items in a supplemental agreement until the supplemental agreement is approved.&lt;br /&gt;
&lt;br /&gt;
====643.2.16.5.2 Lump Sum Agreement====&lt;br /&gt;
A supplemental agreement to a Lump Sum Agreement is only required for significant changes in the scope of work of the utility adjustment necessary to allow highway construction. Normal overruns are not considered as changes in approved work and will not be reimbursed. Significant changes in the scope of work on utility adjustments necessary to allow highway construction cannot be done until the supplemental agreement is approved, and the adjustment in obligation of funds is complete.&lt;br /&gt;
&lt;br /&gt;
==643.2.17 Utilities during Highway Construction==&lt;br /&gt;
The contractor is responsible for having utilities located by contacting Missouri One-Call (811) prior to any excavation on the project. A reminder of this responsibility should be made at the preconstruction meeting.&lt;br /&gt;
&lt;br /&gt;
===643.2.17.1 Preconstruction Meeting (Pre-Con)===&lt;br /&gt;
District utilities staff should be invited to all pre-cons.&lt;br /&gt;
&lt;br /&gt;
Pre-cons fall into three categories relating to utilities:&lt;br /&gt;
# No utility adjustments are anticipated within the project limits,&lt;br /&gt;
# All utility adjustments completed prior to the pre-con, and&lt;br /&gt;
# All utility adjustments not completed prior to the pre-con.&lt;br /&gt;
&lt;br /&gt;
====643.2.17.1.1 No Utility Adjustments Anticipated within the Project Limits====&lt;br /&gt;
For projects without a Utility Job Special Provision (JSP), no involvement of the utility owners is required at the pre-con. For projects with a Utility JSP, the Resident Engineer (RE) should invite all utility owner representatives listed in the JSP with known required adjustment to the pre-con. The RE should review potential impacts of the highway construction project with the contractor and the utility owner.&lt;br /&gt;
&lt;br /&gt;
====643.2.17.1.2 All Utility Adjustments Completed Prior to the Pre-Con====&lt;br /&gt;
The RE should invite all utility owner representatives listed in the JSP with known required adjustment to the pre-con. The RE should review potential impacts of the highway construction project with the contractor and the utility owner. A general discussion should highlight the previous adjustments made by the utility owner and what abandoned utility facilities the contractor may encounter.&lt;br /&gt;
&lt;br /&gt;
====643.2.17.1.3 All Utility Adjustments Not Completed Prior to the Pre-Con====&lt;br /&gt;
It is important for the RE and inspector to understand the utility owner’s work schedule and how it relates to the contractor’s work schedule. During the pre-con, the schedule of the utility owner and highway construction contractor should be discussed, and conflicts should be addressed to allow utility adjustments and highway construction to progress as near to the proposed schedule as possible. On large-scale projects that have many utility issues to address that could impact the work of the highway construction contractor, it may be necessary to have a separate pre-con with utility owner representatives.&lt;br /&gt;
&lt;br /&gt;
===643.2.17.2 Coordination Meetings===&lt;br /&gt;
When the utility work will not be completed soon after the preconstruction meeting, the RE should meet with district utilities staff, the highway construction contractor, and the utility owner representatives on a regular basis to discuss utility coordination issues, so expectations from all parties are known and conveyed clearly. The utility owner may need some work performed by MoDOT or the highway construction contractor prior to completing their adjustments. (Examples include: survey staking of right of way or proposed facilities, trees cleared, grading performed, or new structures built).&lt;br /&gt;
&lt;br /&gt;
==643.2.18 Service Drops==&lt;br /&gt;
Power and communication services provided by utility owners are necessary for the operation of the highway system. These services may include power to traffic signals, lighting, or ITS devices; power for cathodic protection; or telecommunication services to signal controllers or ITS devices. The project design teams should work with district utilities staff to identify proper locations for the applicable utility owners to provide these services. Various utility owners have different requirements for this process. The district utilities staff is encouraged to develop a workable relationship with the utility owners who provide these services to MoDOT. The costs of installing the services charged by the utility owner are considered a non-contractual item and should be accounted for in the project’s budget in the STIP. The proposed location and method for the service drops should be shown on the roadway plans. District utilities staff should meet with the utility owner’s representative to ensure the proposed location can be accommodated by the utility owner. For electrical service connections, the power supply assembly is ideally located a maximum of ten feet (10’) from the source location. Plans submitted for PS&amp;amp;E should reflect the agreed upon location for all service connections. During construction, district utilities staff and district construction staff should work together to ensure the placement of the services is consistent with the project plans. Payment for the service drops should be invoiced by the utility owner to the district. District utilities staff is responsible for submission of the invoice directly to Financial Services for payment noting the non-contractual charges for the project.&lt;br /&gt;
&lt;br /&gt;
==643.2.19 Buy America Build America for Utilities==&lt;br /&gt;
FHWA’s Buy America Build America (BABA) policies require a domestic manufacturing process for all steel or iron products, other construction materials, and manufactured products that are permanently incorporated into Federal-Aid Highway construction projects, including products and materials used for adjustments to utility facilities to allow highway construction. These guidelines are for all federally reimbursable transportation projects where FHWA is the lead federal agency; it does not take precedence over projects where Federal Transit Administration or the Federal Railroad Administration is deemed the be the lead federal agency.&lt;br /&gt;
&lt;br /&gt;
===643.2.19.1 Program Requirements for Utilities===&lt;br /&gt;
All MoDOT projects are federal-aid projects, and therefore, all reimbursable utility adjustments are required to follow the provisions of BABA. More information on MoDOT’s BABA policy and procedures can be found in [[106.9_Buy_America_Requirement|EPG 106.9 Buy America Requirement]]. Specifically, utility owners should be aware of the following procedures for determining applicability of the EPG 106.9 requirements to reimbursable utility adjustments necessary to allow highway construction:&lt;br /&gt;
* BABA does not apply when materials are relocated from one location to another within the project limits.&lt;br /&gt;
* BABA does not apply for materials necessary for temporary utility adjustments assuming materials are removed from the right of way upon completion of the utility adjustment to allow highway construction.&lt;br /&gt;
* Non-reimbursable work must be kept separate from reimbursable work (agreements, permits, etc.) in order to not be subject to BABA.&lt;br /&gt;
&lt;br /&gt;
===643.2.19.2 Certification Requirements for Utilities===&lt;br /&gt;
Utility owners have the option of choosing either to self-certify BABA compliance or provide vendor/manufacturer certification to MoDOT. The method of certification is chosen by the utility owner and is documented in either the MRUA or the project specific agreement. Regardless of agreement type or certification method, the utility owner must be compliant with BABA requirements.&lt;br /&gt;
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====643.2.19.2.1 BABA Utility Owner Self-Certification====&lt;br /&gt;
If a utility owner chooses to self-certify BABA compliance, the utility owner is not required to provide MoDOT copies of the supplier certification as part of the project documentation or with the final invoice for any reimbursable utility adjustment necessary to allow highway construction. Retention of all documents should be as described in the agreement.&lt;br /&gt;
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====643.2.19.2.2 BABA Vendor/Manufacturer Certification====&lt;br /&gt;
If a utility owner chooses to use vendor/manufacturer certification, the utility owner will supply MoDOT BABA compliance from all vendors and/or manufacturers. Certification from vendors will be signed by an authorized representative of the vendor on company letterhead or other acceptable documentation and will declare that all supplied materials subject to BABA requirements are fully compliant. Certification from iron or steel manufacturers must be in the form of a mill test report (MTF) issued and signed by the initial fabricator stating the materials subject to BABA were melted and manufactured in the United States. Other written statements on company letter or other acceptable documentation signed by an authorized representative of the manufacturer for any additional treatment to the fabricated material (such as blasting, galvanizing, painting, or coating) will state that all treatment processes occurred in the United States according to FWA guidelines. Retention of all documents should be as described in the agreement. Manufacturer certification for manufactured products or construction materials will state that all materials were sourced from the United States and were fabricated in the United States. Retention of all documents should be as described in the agreement.&lt;br /&gt;
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&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643.3 Reserved for Future Use &#039;&#039;PAGE TITLE&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;&lt;br /&gt;
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&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643.4 Railroads (NO CHANGE) &#039;&#039;PAGE TITLE&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;&lt;br /&gt;
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==236.5.12 Excess Land Conveyances &amp;amp; Relinquishments - Utilities==&lt;br /&gt;
All conveyances and relinquishments of Commission-owned property shall be evaluated for the existence of any utility facilities located within the areas to be conveyed or relinquished. A conveyance or relinquishment of Commission-owned property may have implications to the utility facilities, and the utility owners, when the Commission no longer controls the property. It is important to maintain the continuity of utility facilities for the general public; therefore, to identify and minimize potential impacts, MoDOT shall involve utility owners in the conveyance and relinquishment processes.&lt;br /&gt;
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===236.5.12.1 Excess Land Conveyances Utilities===&lt;br /&gt;
MoDOT shall only recommend that a property be declared excess upon satisfactorily addressing the utility impacts. Whether MoDOT or an external party initiates the conveyance of excess property, utility impacts shall be adequately addressed by using one of the following methods: &lt;br /&gt;
:1. Each utility facility will be relocated by permit into a new utility corridor retained by the Commission.&lt;br /&gt;
:2. Each utility facility will remain in place with the benefit of a non-exclusive permanent utility easement.&lt;br /&gt;
::&#039;&#039;If the Commission holds fee simple title to the property, the Commission shall convey a non-exclusive permanent utility easement to each utility owner&#039;&#039;.&lt;br /&gt;
::&#039;&#039;If the Commission holds a less than fee simple title interest in the property, MoDOT shall facilitate the conveyance of a non-exclusive permanent utility easement from the party acquiring the property to each utility owner&#039;&#039;.&lt;br /&gt;
:3. Each utility facility will be relocated to another portion of the property being conveyed.&lt;br /&gt;
::&#039;&#039;If the Commission holds fee simple title to the property, the Commission shall convey a non-exclusive permanent utility easement to each utility owner&#039;&#039;. &lt;br /&gt;
::&#039;&#039;If the Commission holds a less than fee simple title interest in the property, MoDOT shall facilitate the conveyance of a non-exclusive permanent utility easement from the party acquiring the property to each utility owner&#039;&#039;.&lt;br /&gt;
:4. Each utility facility will be relocated onto a portion of the property already owned by the party acquiring the Commission-owned property, with the benefit of a non-exclusive permanent easement. (MoDOT shall facilitate the conveyance of a non-exclusive permanent utility easement from the party acquiring the property to each utility owner.)&lt;br /&gt;
:5. A three-party negotiated settlement taking into consideration the overall value of the proposed transaction.&lt;br /&gt;
:6. Additional options to address utility impacts may be utilized with approval from the Asst. to the State Design Engineer - Right of Way.&lt;br /&gt;
&lt;br /&gt;
===236.5.12.2 Road Relinquishment Utilities===&lt;br /&gt;
MoDOT shall only recommend the relinquishment of roadways through the [[236.14 Change in Route Status Report|Change in Route Status Report]] upon satisfactorily addressing the impacts to utility facilities. If the roadway will be relinquished to a local public transportation authority, with the intent that it continues to be used as a public roadway, a clause similar to the following shall be included in the deed from the Commission to the local public transportation authority:&lt;br /&gt;
:&#039;&#039;&amp;quot;Grantee, by acceptance of this conveyance, covenants and agrees for itself, its successors and assigns, to allow known or unknown utility facilities currently located on the property, whether of record or not, to remain on the property, and to grant the current and subsequent owners of those facilities the right to maintain, construct and reconstruct the facilities and their appurtenances over, under, and across the land herein conveyed, along with the right of ingress and egress across the land herein conveyed to and from those utilities.&amp;quot;&#039;&#039; &lt;br /&gt;
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Proposed roadway relinquishments to private entities shall be reviewed in a manner consistent with the conveyance of excess property described in [[236.5 Property Management#236.5.3 Asset Management Committee|EPG 236.5.3 Asset Management Committee]].&lt;/div&gt;</summary>
		<author><name>Hoskir</name></author>
	</entry>
	<entry>
		<id>https://epg.modot.org/index.php?title=User:Hoskir/Revision_Request_4225&amp;diff=58875</id>
		<title>User:Hoskir/Revision Request 4225</title>
		<link rel="alternate" type="text/html" href="https://epg.modot.org/index.php?title=User:Hoskir/Revision_Request_4225&amp;diff=58875"/>
		<updated>2026-06-22T16:25:31Z</updated>

		<summary type="html">&lt;p&gt;Hoskir: /* 643.2.14.1 Obligation Process */&lt;/p&gt;
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&lt;div&gt;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643 Utility Procedures  &#039;&#039;CATEGORY&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt; &lt;br /&gt;
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| &#039;&#039;&#039;&amp;lt;center&amp;gt;&amp;lt;u&amp;gt;Additional Resources&amp;lt;/u&amp;gt;&amp;lt;/center&amp;gt;&#039;&#039;&#039;&lt;br /&gt;
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| ● [https://www.ecfr.gov/current/title-23/chapter-I/subchapter-G/part-64523 CFR 645]&lt;br /&gt;
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| ● [https://www.sos.mo.gov/cmsimages/adrules/csr/current/7csr/7c10-3.pdf7 CSR 10-30]&lt;br /&gt;
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&#039;&#039;&#039;Utility Accommodation Policy:&#039;&#039;&#039; State DOTs are required to develop policies and procedures pertaining to the use, accommodation, and/or relocation of public and private utility facilities on highway rights-of way using Federal-aid highway funds. State DOTs are required to develop, maintain, and obtain FHWA approval of their Utility Accommodation Policy (UAP) (23 CFR section 645.215). This EPG article 643 and subarticles 643.1 through 643.3 are Missouri Department of Transportation (MoDOT)’s Utility Accommodation Policy. Text in EPG 643 consolidates various federal and state statutes and rules into a single, cohesive, workable policy to outline processes for MoDOT staff and utility owners.&lt;br /&gt;
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&#039;&#039;&#039;Delegation of Work:&#039;&#039;&#039; Each MoDOT district is responsible for ensuring implementation of the UAP outlined in the subsequent EPG articles. Each district can create its own organization for whom is responsible for the work including between divisions and job titles. Work responsibilities within this article and subarticles are generic where possible. If a specific title is included, that title has sole responsibility for that item of work.&lt;br /&gt;
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&#039;&#039;&#039;643 documents not being used&#039;&#039;&#039;&lt;br /&gt;
[[media:144 Major Highway System 2022.pdf|major routes]]&lt;br /&gt;
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&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643.1 Utility Location  &#039;&#039;PAGE TITLE&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt; &lt;br /&gt;
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The information in this article provides a uniform system for regulating the location, construction, maintenance, removal, and relocation of utility facilities on the right of way of roadways located on the state highway system. It also provides for the facilitation of construction and maintenance of these roadways. Any location or relocation of utility facilities contrary to this information is an interference with the construction, maintenance, or operation of a state highway and its right of way and is prohibited.&lt;br /&gt;
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==643.1.1 Permits==&lt;br /&gt;
All utility owners are required to obtain a permit to work on Missouri Highway and Transportation Commission (Commission) right of way. A permit is required for original installation of the utility facility, on-going maintenance of the utility facility, or adjustments to a utility facility necessary to allow highway construction. Per [[127.29_Stormwater#127.29.4.3_MCM_3:_Illicit_Discharge_Detection_and_Elimination_(IDDE)_Program|EPG 127.29.4.3]], discharges of anything other than stormwater are not permitted. A deposit or bond is required to ensure completion of the work in accordance with the permit issued. An [https://www.modot.org/permits application for a permit] may be made on established forms specifically stating the nature of the work to be performed. Applications for permits may be obtained at any of the [https://www.modot.mo.gov/ seven (7) district highway offices] of the Commission, [https://www.modot.mo.gov/ MoDOT&#039;s website], or by requesting it from the office of the Missouri Highways and Transportation Commission in Jefferson City, Missouri. The application for a permit will specifically state the nature of the work to be performed, what specific type of utility facility is to be installed, and, if necessary, the timeframe of any temporary use. Piping of any type of sewage or waste will only be allowed providing any permitting by a regulatory agency, such as Missouri Department of Natural Resources, can be provided. Prior to obtaining a permit through MoDOT’s permit system, a utility owner will be required to provide a bond to ensure satisfactory work and complete a TR50 Electronic Signature Agreement with the Commission. The name of the utility owner must match on the bond, TR50, and in the permit system. More information on permitting can be found in [[:Category:941_Permits_and_Access_Requests|EPG 941]].&lt;br /&gt;
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===643.1.1.1 Emergency Work===&lt;br /&gt;
When emergency operations work is necessary, the damaged utility facility may be accessed immediately and without a permit by leaving the pavement at such points as may be necessary to effect emergency repairs, provided immediate notice is given to the Missouri State Highway Patrol and the district utilities staff for the district wherein the work will be performed, and a permit for emergency operations is requested immediately upon discovery of the need for emergency operations. A permit for emergency operations work is to be obtained as soon as practical, but in no event later than two (2) working days after the emergency operations work has commenced. Emergency operations include, but are not limited to, unplanned work in response to utility facilities being so damaged as to constitute an emergency situation directly affecting or endangering traffic on the highway or public health or safety.&lt;br /&gt;
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===643.1.1.2 Third-Party Inspection===&lt;br /&gt;
When a utility owner has a large number of projects in a given area or projects involving great complexity, MoDOT reserves the right to limit the number of permits open at any given time. With approval of the district utilities staff, a utility owner may hire a third-party inspector, at their cost. The third-party inspector will allow the utility owner to increase the number of permits open at any given time. The responsibility of the third-party inspector will be to ensure the installation of the utility facility proceeds in a manner consistent with the plans approved in the permit, including all work zone requirements and conformity with MoDOT’s Standards and Specifications. The MoDOT approved third-party inspector will be listed in the permit. MoDOT may audit third-party inspections and revoke the right to use third-party inspections should the inspectors fail to perform their duties.&lt;br /&gt;
&lt;br /&gt;
===643.1.1.3 Abandoned Utility Facilities===&lt;br /&gt;
All utility facilities installed in Commission right of way are the property of the utility owner whether the utility facility is active or inactive. MoDOT may allow a utility facility to remain on Commission right of way whether the utility facility was abandoned for a MoDOT project or at the utility owner’s discretion. MoDOT may place requirements (such as removing inactive fiber optic cables, grouting pipes, removing valves) on the utility owner as part of the process of abandoning a utility facility. Liability for damage to Commission right of way due to an abandoned facility remains the responsibility of the utility owner. In the event MoDOT requires the removal of the abandoned utility facility, responsibility for the cost of the removal will be determined per [[643.2_Local_Utility_Adjustments_-_Public_and_Private#643.2.8_Preliminary_Engineering_(PE)_Requirements|EPG 643.2.8]].&lt;br /&gt;
&lt;br /&gt;
==643.1.2 Definitions==&lt;br /&gt;
&#039;&#039;&#039;Bridge Attachment:&#039;&#039;&#039; A bridge attachment is any utility facility, including communication lines and electrical lines, or any other utility facility of a similar nature that is fastened to a bridge for the purpose of spanning an obstacle.&lt;br /&gt;
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&#039;&#039;&#039;Clear zone:&#039;&#039;&#039; The total roadside border area starting at the edge of the traveled way, available for safe use by errant vehicles. This area may consist of a shoulder, a recoverable slope, a non-recoverable slope, and/or the area at the toe of a non-recoverable slope available for safe use by an errant vehicle. Clear zone dimensions are provided in the current edition of American Association of State Highway Transportation Officials Roadside Design Guide.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Ditch Line:&#039;&#039;&#039; A line where the roadway ditch meets the back slope. It is located at the lowest point of a V-bottom ditch or furthest point from the roadway of a flat bottom ditch where the roadway slopes back to the existing ground line.&lt;br /&gt;
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&#039;&#039;&#039;Duct:&#039;&#039;&#039; An enclosed tubular casing, or raceway, for protecting wires, lines, or cables that is often flexible or semi-rigid (1-3% diametric deflection). The casing, or raceway, is separate from the cable or conductor that passes through it.&lt;br /&gt;
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&#039;&#039;&#039;Encasement:&#039;&#039;&#039; The term encasement means the placing of an installation around and outside of an underground facility consisting of a larger conduit that permits the removal and replacement of the facility. An alternate to the conduit type encasement is reinforced concrete poured around the utility facility. Utility owners are allowed to use any types of material as a carrier and encasement for its facilities as expressly provided for in the permit issued for the installation of the utility facility.&lt;br /&gt;
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&#039;&#039;&#039;Freeway:&#039;&#039;&#039; A divided arterial highway with full control of access.&lt;br /&gt;
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&#039;&#039;&#039;Highway:&#039;&#039;&#039; Any public way for vehicular travel, including the entire area within the right of way and related facilities constructed or improved and maintained by the Missouri Highways and Transportation Commission (MHTC) acting through the Missouri Department of Transportation (MoDOT).&lt;br /&gt;
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&#039;&#039;&#039;Interchange Limits:&#039;&#039;&#039; For the uniform handling of utility installations only, the limits of an interchange are the outside ramp curve points. See [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_1_TypicalInterchangeLimits_AOD.pdf EPG Figure 643.1.1] for an example.&lt;br /&gt;
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&#039;&#039;&#039;Interstate System or Other Freeways/Expressways:&#039;&#039;&#039; Interstate highways and highways with fully controlled access.&lt;br /&gt;
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&#039;&#039;&#039;Major Routes (Interstates, Freeways/Expressways and Principal Arterials):&#039;&#039;&#039; The major highway system is all routes functionally classified as principal arterials. The principal arterial system provides for statewide or interstate movement of traffic. The major roads in Missouri total approximately 5,500 centerline miles.&lt;br /&gt;
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&#039;&#039;&#039;Minor Routes:&#039;&#039;&#039; The minor highway system is all routes functionally classified as minor arterials or collectors. These routes mainly serve local transportation needs. The minor roads in Missouri total approximately 28,400 centerline miles.&lt;br /&gt;
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&#039;&#039;&#039;Normal Right of Way Line:&#039;&#039;&#039; An imaginary line that connects sudden breaks in the major right of way points for roadways. Sight distance right of way points (triangles) at roadway intersections are not to be considered as sudden breaks for determining normal right of way.&lt;br /&gt;
[[File:fig_643.1.2-06_2026.jpg|none|700px|thumb|Figure 643.1.2 Normal Right of Way Line.]]&lt;br /&gt;
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&#039;&#039;&#039;Private Lines:&#039;&#039;&#039; Privately owned utility facilities which convey or transmit the commodities outlined in the definition of utility facility of this section but devoted exclusively to private use.&lt;br /&gt;
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&#039;&#039;&#039;Scenic Enhancement Areas:&#039;&#039;&#039; Scenic enhancement areas include areas acquired or so designated as scenic strips, overlooks, rest areas, recreation areas, and the right of way of adjacent roadways and the right of way of roadways that pass through public parks and historic sites as described under 23 USC 138.&lt;br /&gt;
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&#039;&#039;&#039;Utility Corridor:&#039;&#039;&#039; An area established for the placement of utility facilities parallel to the normal right of way line.&lt;br /&gt;
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&#039;&#039;&#039;Utility Facility:&#039;&#039;&#039; Privately, publicly, or cooperatively owned line, facility, or system for producing, transmitting, or distributing communications, cable television, power, electricity, light, heat, gas, oil, crude products, water, steam, waste, storm water not connected with highway drainage or any other similar commodity, including any fire or police signal system or street lighting system which directly or indirectly serves the public and does not include privately owned facilities devoted exclusively to private use. The term &amp;quot;utility facility&amp;quot; includes those facilities used solely by the utility owner that are a part of its operating plant.&lt;br /&gt;
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&#039;&#039;&#039;Utility Owner:&#039;&#039;&#039; The utility owner is the utility company, inclusive of any wholly owned or controlled subsidiary, or city or county which owns utility facilities. The term also includes those government agencies that lease a utility facility for its own use or otherwise dedicated solely to governmental use.&lt;br /&gt;
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&#039;&#039;&#039;Variance:&#039;&#039;&#039; A one- (1-) time deviation from the requirements for location or relocation of utility facilities on the right of way of highways in the state highway system as established in [https://www.sos.mo.gov/cmsimages/adrules/csr/current/7csr/7c10-3.pdf Title 7 Code of State Regulations 10-3], requested by the utility, and approved by a MoDOT District Design Engineer.&lt;br /&gt;
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==643.1.3 Location of Utility Facilities==&lt;br /&gt;
Utility facilities paralleling the roadway should be installed in the utility corridor except as outlined below. The utility corridor is the space for all utility owners generally within six feet (6’) of the normal right of way line. When considering if the current utility corridor is available to expand from six feet (6’) to as much as twelve feet (12’), MoDOT determines if the expansion is warranted. In making the determination, MoDOT will consider the existing utilization of the original six feet (6’) corridor. Poles must remain within two feet (2’) of the normal right of way line unless approved by a variance. The utility corridor will only be expanded beyond six feet (6’) if the original six feet (6’) corridor is fully utilized and additional space would be required to accommodate additional utility facilities. Acquisition of additional right of way to establish a twelve feet (12’) corridor is not required on highway construction projects. For depths for underground utility facilities, see [[#643.1.4.1_Minimum_Cover_for_Underground_Facilities|EPG 643.1.4.1]].&lt;br /&gt;
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Utility facilities crossing the roadway should be installed as close to ninety degrees (90°) to the centerline of the roadway as possible and based on the guidelines below depending on the type of roadway. See [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_3_TypicalUtilityCorridor-InterchangeatMajorRoute_AOD.pdf EPG Figure 643.1.3] and [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_4_TypicalUtilityCorridor-InterchangeatMinorRoute_AOD.pdf EPG Figure 643.1.4] for typical utility corridors around interchanges.&lt;br /&gt;
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===643.1.3.1 Interstate System or Other Major Freeways/Expressways===&lt;br /&gt;
The installation of all utility facilities on highways of the Interstate System or other major freeways/expressways with fully controlled access are to be installed, serviced, and maintained without entering or leaving the roadway and ramps except at points approved by MoDOT for that purpose and without parking any equipment or storing materials upon the medians, roadway and ramps, or shoulders of the roadways. Cutting or damaging the pavement or paved shoulders is not permitted. New service connections to existing parallel utility facilities are to be permitted only where an outer roadway exists and then only where access is permitted by the Commission. Careful consideration will be given to the location of guys, anchors, braces, and other supports. Generally, good design practice will provide that appurtenances be located at right of way jogs, along intersecting road right of way, or at other similar acceptable locations, so that encroachment is held to an absolute minimum.&lt;br /&gt;
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No utility facilities will be permitted within the interchange limits of an interchange between fully limited access highways where planned or existing. Utility facilities within the interchange limits of an interchange with a non-access controlled highway will be permitted only along the minor road, provided that all construction, service, and maintenance can be performed from the minor road. Manholes and poles must be located beyond the ramp termini.&lt;br /&gt;
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For structures carrying or over interstates or other major freeways/expressways, see [[#643.1.5_Bridge_Attachment_Policy|EPG 643.1.5]].&lt;br /&gt;
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====643.1.3.1.1 Utility Facilities Crossing the Interstate or Other Major Freeways/Expressways====&lt;br /&gt;
=====643.1.3.1.1.1 Overhead Crossings of the Interstate or Other Major Freeways/Expressways=====&lt;br /&gt;
Overhead crossings of utility facilities are permitted only for power transmission and distribution lines and for multiple circuit communication lines where an underground installation is not economically feasible. Supports for existing utility facilities crossing overhead may remain on the right of way provided they are near the right of way line regardless of the presence of an outer road. Supports for new overhead utility facilities crossing overhead may be located on the right of way near the right of way line where an outer roadway exists and are to be located off the right of way where no outer roadway exists. Overhead service crossings are only permitted in isolated cases for residential or commercial establishments when the denial of the crossing would require construction of more than 1,200 feet (1,200’) of utility line to provide the service. Main or distribution line crossings are required to serve a general area other than isolated cases.&lt;br /&gt;
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=====643.1.3.1.1.2 Underground Crossings of the Interstate or Other Major Freeways/Expressways=====&lt;br /&gt;
Underground crossings of utility facilities are to be continuously encased under the pavement, medians, ramps, and shoulders with the casing extending to the toe of the fill slopes or to the ditch line. In curbed sections, encasement should extend outside the outer curb of the roadways a distance equal to the depth of the encasement at the curb line. Where installed by open trench through unpaved areas, detector tape should be placed approximately one foot (1&#039;) above the encasement. Where an interstate or other major freeway has a parallel outer roadway, encasement should be continuous under all roadways within the right of way.&lt;br /&gt;
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Manholes or vent pipes are to be located at the right of way line or adjacent to the outer roadway.&lt;br /&gt;
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For fiber optic cable, encasement should extend from within six feet (6&#039;) of one right of way line to within six feet (6&#039;) of the other right of way line.&lt;br /&gt;
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Exceptions may be made for encasement as listed in [[#643.1.4.2_Exceptions_to_Encasement|EPG 643.1.4.2]].&lt;br /&gt;
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=====643.1.3.1.1.3 Parallel Installations along the Interstate or Other Major Freeways/Expressways=====&lt;br /&gt;
New parallel installations on the right of way may be permitted only where an outer roadway exists, provided that poles are within two feet (2&#039;) of the normal right of way line and underground utility facilities are within the utility corridor, and provided that the utility facility can be installed and maintained between the outer roadway and the right of way line. Existing overhead or underground utility facilities that parallel an existing roadway which will be incorporated into a completed highway as an outer roadway may remain in place if all maintenance and service can be performed from an outer roadway and the existing location does not interfere with construction, maintenance, or operation of the completed highway. If an existing parallel utility facility needs to be relocated so as to not interfere with the construction, maintenance, or operation of the completed interstate or other major freeway, poles may be located withing five feet (5’) of the right of way line.&lt;br /&gt;
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Underground utility facilities are expected to be buried within the utility corridor of sight distance triangles (SDTs) at roadway intersections unless granted a variance. Overhead utility facilities may be allowed to span intersecting roadways with SDTs provided the poles, or supports, are located outside the SDT.&lt;br /&gt;
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=====643.1.3.1.1.4 Sanitary Sewers within the Right of Way of Interstates or Other Major Freeways/Expressways=====&lt;br /&gt;
New installations of sanitary sewers should follow the applicable guidelines for either underground crossings or parallel installations as appropriate. Existing gravity trunk sanitary sewers should be considered individually and removed or left in place contingent upon its age, condition, feasibility of moving, and maintenance access. Encasement of existing trunk sewers left in place may be required for questionable condition, protection during construction, or heavy fills.&lt;br /&gt;
&lt;br /&gt;
Manholes should be relocated to the right of way lines or adjacent to an outer roadway.&lt;br /&gt;
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===643.1.3.2 Major Routes===&lt;br /&gt;
For structures carrying or over major routes, see [[#643.1.5_Bridge_Attachment_Policy|EPG 643.1.5]].&lt;br /&gt;
&lt;br /&gt;
====643.1.3.2.1 Major Routes with Partially Controlled Access Right of Way====&lt;br /&gt;
The installation of all utility facilities on highways with partially controlled access right of way are to be installed, serviced, and maintained without entering or leaving the roadway and ramps except at points approved by MoDOT for that purpose and without parking any equipment or storing materials upon the medians, roadway and ramps, or shoulders of the roadways. Cutting or damaging the pavement or paved shoulders is not permitted. Equipment or materials stored within the right of way must be protected by longitudinal barrier or be located outside the clear zone. New service connections to existing parallel utility facilities are to be permitted only where granted by the Commission.&lt;br /&gt;
&lt;br /&gt;
No utility facilities will be permitted within the interchange limits of an interchange between fully limited access highways where planned or existing. Utility facilities within the interchange limits of an interchange with a non-access controlled highway will be permitted only along the minor road, provided that all construction, service, and maintenance can be performed from the minor road. Manholes and poles must be located beyond the ramp termini.&lt;br /&gt;
&lt;br /&gt;
====643.1.3.2.2 Major Routes with Normal Access Right of Way====&lt;br /&gt;
All new utility facilities will be installed and maintained without cutting or damaging the pavement or paved shoulders except in the event underlying rock formations or other obstructions are encountered that prevent boring or pushing operations. A variance may be granted for pavement cuts when the need is established. Pavement cuts may only be made by permits issued when it is impractical to otherwise service and maintain the facility. The installation of all utility facilities is to be installed without parking any equipment or storing materials upon the medians, roadway and ramps, or shoulders of the roadways. Equipment or materials stored within the right of way must be protected by longitudinal barrier or be located outside the clear zone.&lt;br /&gt;
&lt;br /&gt;
====643.1.3.2.3 Utility Facilities Crossing Major Routes====&lt;br /&gt;
=====643.1.3.2.3.1 Overhead Crossings of Major Routes=====&lt;br /&gt;
Supports for utility facilities crossing overhead should be located as near the right of way line as possible. For major routes with controlled access right of way, new overhead service crossings may be permitted in isolated cases for residential or commercial establishments where the denial of such crossings would require the construction of more than 1,200 feet (1,200’) of utility line to provide the same service. For major routes with normal access right of way, there is no restriction on the placement of service crossings.&lt;br /&gt;
&lt;br /&gt;
=====643.1.3.2.3.2 Underground Crossings of Major Routes=====&lt;br /&gt;
Underground crossings of utility facilities are to be continuously encased under the pavement, medians, ramps, and shoulders with the casing extending to the toe of the fill slopes or to the ditch line. In curbed sections, encasement should extend outside the outer curb of the roadways a distance equal to the depth of the encasement at the curb line. Where installed by open trench through unpaved areas, detector tape should be placed approximately one foot (1&#039;) above the encasement. Where a major route has a parallel outer roadway, encasement should be continuous under all roadways within the right of way.&lt;br /&gt;
&lt;br /&gt;
Manholes or vent pipes are to be located at the right of way line or adjacent to the outer roadway.&lt;br /&gt;
&lt;br /&gt;
For fiber optic cable, encasement should extend from within six feet (6&#039;) of one right of way line to within six feet (6&#039;) of the other right of way line.&lt;br /&gt;
&lt;br /&gt;
Exceptions may be made for encasement as listed in [[#643.1.4.2_Exceptions_to_Encasement|EPG 643.1.4.2]].&lt;br /&gt;
&lt;br /&gt;
====643.1.3.2.4 Parallel Installations along Major Routes====&lt;br /&gt;
New parallel installations on the right of way may be permitted provided that poles are within two feet (2&#039;) of the normal right of way line and underground utility facilities are within the utility corridor. Existing overhead or underground utility facilities that parallel an existing roadway which will be incorporated into a completed highway may remain in place if all maintenance and service can be performed without entering or leaving the roadway except at approved access points; without parking equipment or storing materials on the median, pavement, ramps, or shoulders; and the existing location does not interfere with construction, maintenance, or operation of the completed highway. If an existing parallel utility facility needs to be relocated so as to not interfere with the construction, maintenance, or operation of the completed highway, poles may be located withing five feet (5’) of the right of way line.&lt;br /&gt;
&lt;br /&gt;
Existing steel pipe transmission and distribution facilities for gaseous petroleum products that parallel an existing roadway that will be incorporated into the completed roadway may be left in place subject to an agreement by the utility owner that maintenance or service and facility expansion will be performed without cutting or damaging the pavement or interfering with the construction, maintenance, and operation of the highway and provided that the facility is cathodically protected against corrosion and meets the applicable material requirements.&lt;br /&gt;
&lt;br /&gt;
Underground utility facilities are expected to be buried within the utility corridor of sight distance triangles (SDTs) at roadway intersections unless granted a variance. Overhead utility facilities may be allowed to span intersecting roadways with SDTs provided the poles, or supports, are located outside the SDT.&lt;br /&gt;
&lt;br /&gt;
====643.1.3.2.5 Sanitary Sewers within the Right of Way of Major Routes====&lt;br /&gt;
New installations of sanitary sewers should follow the applicable guidelines for either underground crossings or parallel installations as appropriate. An existing gravity trunk sanitary sewer should be considered individually and removed or left in place contingent upon its age, condition, feasibility of moving, and maintenance access. If an existing parallel gravity main is left in place within the limits of the paved surface, paved shoulder lines, or curb lines, stub mains as required will be laid between the sewer main and curb or shoulder lines for future service connections in each block. Manholes should be relocated outside the traveled roadway as near the right of way line as practical.&lt;br /&gt;
&lt;br /&gt;
===643.1.3.3 Minor Routes===&lt;br /&gt;
For structures carrying or over minor routes, see [[#643.1.5_Bridge_Attachment_Policy|EPG 643.1.5]].&lt;br /&gt;
&lt;br /&gt;
====643.1.3.3.1 Utility Facilities Crossing Minor Routes====&lt;br /&gt;
=====643.1.3.3.1.1 Overhead Crossings of Minor Routes=====&lt;br /&gt;
Existing overhead crossings that interfere with construction, maintenance, or operation should be relocated with their supports as near the right of way line as is practical. New overhead crossing installations should be located with their supports as near the right of way line as is practical.&lt;br /&gt;
&lt;br /&gt;
=====643.1.3.3.1.2 Underground Crossings of Minor Routes=====&lt;br /&gt;
All new utility facilities should be installed and maintained without cutting or damaging the pavement or paved shoulders. A variance may be granted for pavement cuts when servicing and maintaining the facility by any other methods is impractical. Pavement cuts may only be made by permits issued. Underground crossings of utility facilities are to be continuously encased under the pavement, medians, ramps, and shoulders with the casing extending to the toe of the fill slopes or to the ditch line. In curbed sections, encasement should extend outside the outer curb of the roadways a distance equal to the depth of the encasement at the curb line. Where installed by open trench through unpaved areas, detector tape should be placed approximately one foot (1&#039;) above the encasement.&lt;br /&gt;
&lt;br /&gt;
Manholes or vent pipes are to be located at the right of way line or adjacent to the outer roadway.&lt;br /&gt;
&lt;br /&gt;
For fiber optic cable, encasement should extend from within six feet (6&#039;) of one right of way line to within six feet (6&#039;) of the other right of way line.&lt;br /&gt;
&lt;br /&gt;
Exceptions may be made for encasement as listed in [[#643.1.4.2_Exceptions_to_Encasement|EPG 643.1.4.2]].&lt;br /&gt;
&lt;br /&gt;
====643.1.3.3.2 Parallel Installations along Minor Routes====&lt;br /&gt;
New parallel installations on the right of way may be permitted provided that poles are within two feet (2&#039;) of the normal right of way line and underground utility facilities are within the utility corridor. Existing overhead or underground utility facilities that parallel an existing roadway which will be incorporated into a completed highway may remain in place if all maintenance and service can be performed without entering or leaving the roadway except at approved access points; without parking equipment or storing materials on the median, pavement, ramps, or shoulders; and the existing location does not interfere with construction, maintenance, or operation of the completed highway. If an existing parallel utility facility needs to be relocated so as to not interfere with the construction, maintenance, or operation of the completed highway, poles may be located within five feet (5’) of the right of way line.&lt;br /&gt;
&lt;br /&gt;
Underground utility facilities are expected to be buried within the utility corridor of sight distance triangles (SDTs) at roadway intersections unless granted a variance. Overhead utility facilities may be allowed to span intersecting roadways with SDTs provided the poles, or supports, are located outside the SDT.&lt;br /&gt;
&lt;br /&gt;
====643.1.3.3.3 Sanitary Sewers within the Right of Way of Minor Routes====&lt;br /&gt;
New installations of sanitary sewers should follow the applicable guidelines for either underground crossings or parallel installations as appropriate. An existing gravity trunk sanitary sewer should be considered individually and removed or left in place contingent upon its age, condition, feasibility of moving, and maintenance access. If an existing parallel gravity main is left in place within the limits of the paved surface, paved shoulder lines, or curb lines, stub mains as required will be laid between the sewer main and curb or shoulder lines for future service connections in each block. Manholes should be relocated outside the traveled roadway.&lt;br /&gt;
&lt;br /&gt;
===643.1.3.4 Roundabouts===&lt;br /&gt;
Regardless of roadway type, it is desirable to avoid locating utility facilities and their access points within the circulatory roadway. If possible, utility facilities are located in the legs of the roundabout to allow for future maintenance and access at an isolated leg versus affecting the entire roundabout. See [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_5_TypicalLocationofUtilityFacilitiesnearRoundabouts_AOD.pdf EPG Figure 643.1.5] for an example.&lt;br /&gt;
&lt;br /&gt;
===643.1.3.5 Utility Facilities in Scenic Enhancement Areas===&lt;br /&gt;
All existing utility facilities within the limits of a scenic enhancement area requiring adjustment because of construction or reconstruction will be placed underground or relocated beyond the limits of the scenic enhancement area. No new above ground facilities will be permitted. New underground facilities will be permitted provided they do not extensively alter or impair the appearance of the area.&lt;br /&gt;
&lt;br /&gt;
==643.1.4 Installation of Utility Facilities==&lt;br /&gt;
The following sections provide information on the physical installation of utility facilities within highway right of way.&lt;br /&gt;
&lt;br /&gt;
===643.1.4.1 Minimum Cover for Underground Facilities===&lt;br /&gt;
The minimum cover for new underground utilities is:&lt;br /&gt;
* Forty-two inches (42”) for all water lines (parallel and crossings).&lt;br /&gt;
* Forty-two inches (42”) for fiber optic cable (crossings encased in rigid conduit).&lt;br /&gt;
* Seventy-two inches (72”) for fiber optic cable (crossings encased in polyethylene (PE) pipe).&lt;br /&gt;
* Thirty inches (30”) for direct burial and in trench fiber optic cable (parallel).&lt;br /&gt;
* Twenty-four inches (24”) for all other direct burial copper or coaxial cable, (parallel).&lt;br /&gt;
* Seventy-two inches (72”) for uncased polyethylene (PE) gas pipe crossings under ditches and roadways but thirty inches (30”) elsewhere.&lt;br /&gt;
* Thirty inches (30”) for all other (such as, but not limited to, gravity sewers, forced sewers, and electric) underground utilities (both parallel and crossing).&lt;br /&gt;
&lt;br /&gt;
===643.1.4.2 Exceptions to Encasement===&lt;br /&gt;
Exceptions may be made for encasement as follows:&lt;br /&gt;
* Non-fiber communication or electric cables installed in ducts.&lt;br /&gt;
* Welded steel pipelines carrying gaseous or liquid petroleum products - provided they are cathodically protected against corrosion, triple-coated in accordance with accepted pipeline construction standards, and meet applicable material requirements.&lt;br /&gt;
* Natural gas distribution pipe (nominal six-inch (6”) diameter maximum) of polyethylene (PE) plastic, traceable, installed by a horizontal bore method at a minimum depth of seventy-two inches (72”) under ditches and roadways, constructed in accordance with and meeting applicable material requirements.&lt;br /&gt;
* Gas service connections protected and constructed in accordance with and meeting applicable material requirements.&lt;br /&gt;
* Encasement is not required for new trunk sanitary sewer crossings of vitrified clay, reinforced concrete or cast iron except when installation procedures would produce voids in the roadbed, heavy fills, or installations under pressure.&lt;br /&gt;
&lt;br /&gt;
===643.1.4.3 Above Ground or Ground Level Appurtenances===&lt;br /&gt;
Appurtenances protruding more than four inches (4”) above the ground line should be located outside the clear zone. If no feasible alternative exists and if permitted by a variance, appurtenances may be allowed within the clear zone if they meet breakaway criteria or will be shielded by a traffic barrier. Good design practice will provide that appurtenances be located at right of way jogs, along intersecting road right of way, or at other similar acceptable locations, so that encroachment is held to an absolute minimum. Cables, wires, small diameter pipes, and other such utility appurtenances extending from the surface of the ground should be equipped with covers or guards to improve their visibility. Appurtenances within sidewalks or street level pedestrian access routes are to be in conformance with the Americans with Disabilities Act requirements.&lt;br /&gt;
&lt;br /&gt;
The maximum pull box width perpendicular to the right of way line within the utility corridor is thirty inches (30”).&lt;br /&gt;
&lt;br /&gt;
===643.1.4.4 Overhead Utility Facilities===&lt;br /&gt;
The vertical clearance of new or existing overhead installations will not be less than the current minimum requirements of the National Electric Safety Code, but in no case less than eighteen feet (18’) inclusive of sag above the groundline for electrical facilities. Clearance may be reduced for overhead installations of cable, telephone, or fiber optic facilities.&lt;br /&gt;
A minimum radial clearance of twenty-five feet (25’) is provided from any utility facility to the nearest part of any bridge structure. A minimum radial clearance of ten feet (10’) is provided from the nearest charged electrical line to a MoDOT signal, lighting, ITS, or overhead sign structure.&lt;br /&gt;
&lt;br /&gt;
===643.1.4.5 Approved Materials===&lt;br /&gt;
Utility owners are allowed to use any material for underground utility facilities including carrier and encasement provided they accept responsibility for any future repairs and/or replacement of damaged MoDOT facilities should a failure occur. This will allow the use of current technology and procedures to provide the best value to its subscribers and the taxpayers of Missouri. For materials that MoDOT also uses in its highway system, utility owners must provide materials that meet the current [https://www.modot.org/missouri-standard-specifications-highway-construction Missouri Standard Specifications for Highway Construction]. For materials not listed in the Missouri Standard Specifications for Highway Construction, the utility owner should provide documentation of the standards used to determine suitability of the material.&lt;br /&gt;
&lt;br /&gt;
===643.1.4.6 Cutting===&lt;br /&gt;
In the event permission is granted to cut an existing concrete or asphalt pavement or sidewalk, the appropriate provisions below should be followed.&lt;br /&gt;
&lt;br /&gt;
====643.1.4.6.1 Pavement====&lt;br /&gt;
All pavement cuts should be made with a saw to the full depth of the pavement. The width of the cut is typically determined by the width of the trench plus a minimum one foot (1’) on each side of the trench. In the event the distance to any adjacent longitudinal or transverse joint or crack is less than four feet (4’), the pavement must be removed to the joint or crack. Cuts for perpendicular service tie-ins should be a minimum of three feet (3’) wide. Longitudinal main installations are typically cut at a minimum of half the lane width, but in no instance should the cut be along the wheel path of the lane.&lt;br /&gt;
[[File:fig_643.1.6-06_2026.jpg|800px|none|thumb|Figure 643.1.6 Pavement Repair Dimension Requirements.]]&lt;br /&gt;
&lt;br /&gt;
The utility facilities should be placed in a location with the least impact to the roadway. Typically, this leads to placement in the shoulder when available followed by the two-way left turn lane (TWLTL), and then outside lanes before allowing placement in interior through lanes. Lane switching should be kept to a minimum and should not be used to minimize repair sizes. Cuts for mains or service leads that may not be perpendicular to the roadway should be squared-off.&lt;br /&gt;
&lt;br /&gt;
Replacement of cut pavement should be full depth concrete in accordance with the current version at the time of installation of Section 613.10 Full Depth Pavement Repairs of the Missouri Standard Specifications for Highway Construction and the Missouri Standard Plans for Highway Construction. If the area of the pavement repair is not to be fully resurfaced all joints including the overcut from the sawing operation should be filled with an expansive mortar, epoxy, polyester, or joint material as approved by the Engineer in accordance with Section 1057 of the Missouri Standard Specifications for Highway Construction.&lt;br /&gt;
&lt;br /&gt;
====643.1.4.6.2 Pedestrian Access Routes====&lt;br /&gt;
All cuts in the pedestrian access routes whether asphalt or concrete should be made by saw and be the full depth of the material. Entire slabs of concrete sidewalk should be removed. Repair of the pedestrian access route must meet Americans with Disability Act requirements, see [[:Category:642_Pedestrian_Facilities|EPG 642]]. Cuts through curb ramps or detectable warning areas are not permitted. Rather the entire curb ramp or detectable warning area must be removed and replaced. MoDOT district ADA contacts can help ensure ADA compliance of impacted pedestrian access routes.&lt;br /&gt;
&lt;br /&gt;
===643.1.4.7 Non-disturbance Areas===&lt;br /&gt;
MoDOT has certain areas of right of way where mowing, spraying, digging, or other vegetation disturbance activities are restricted. These areas have been established to mitigate the environmental impacts of a previous project and should be avoided. If the areas cannot be avoided, contact MoDOT’s Environmental Section.&lt;br /&gt;
&lt;br /&gt;
==643.1.5 Bridge Attachment Policy==&lt;br /&gt;
No utility facility will be permitted in or on a structure carrying an interstate or other freeway unless it is part of a federal requirement or for MoDOT’s use. When the structure carries any other road type and no other practical means exists for the crossing, wires (communication, electrical, fiber, or metal) will be permitted. Electrical lines must be located to cause minimum exposure to MoDOT maintenance personnel and the public. Pressurized pipelines for gas or other petroleum products and water and all sewer lines are prohibited on all structures due to the risks associated with their failure.&lt;br /&gt;
&lt;br /&gt;
===643.1.5.1 Agreement===&lt;br /&gt;
An agreement is required for all utility facilities attached to any structure. A charge will be made for the increased maintenance costs involved. This fee is set by the Bridge Division. When permitted, a 50-year occupational agreement is executed with the utility owner. Agreement BR04 Utility Attachment Agreement is used when an attachment is added to a bridge during its construction. Agreement BR09 Bridge Attachment Agreement is used when an attachment is added to an existing bridge.&lt;br /&gt;
&lt;br /&gt;
===643.1.5.2 Requests===&lt;br /&gt;
Requests to attach facilities to structures is a multi-step process. Bridge Division is responsible for approval of the bridge attachment. If at any point in the process, Bridge Division determines the attachment to be unacceptable, a reason is to be provided.&lt;br /&gt;
&lt;br /&gt;
To start, the utility owner submits a conceptual request to the district utilities staff. The conceptual request consists of an explanation of the proposal; a general location sketch (i.e., which side of the bridge); and details on the facility, length, and weight per foot when full. The district utilities staff should work with all relevant district personnel including the District Bridge Engineer in reviewing and recommending the attachment. The district utilities staff will submit the recommended details to the Bridge Division to determine the applicable costs including future maintenance costs and for attachments to new bridges, design and construction. Once the Bridge Division has determined the cost, the district utilities staff shares the cost with the utility owner for their concurrence with furthering the process. For new bridges, if the utility owner concurs with the costs, the district utility staff will prepare the BR04 Agreement for execution by the utility owner and the Commission. MoDOT will be responsible for the design and construction of attachments to new bridges. For existing bridges, the district utilities staff will forward the applicable as-built bridge plans to the utility owner for its use in designing the bridge attachment. The utility owner will provide detailed design drawings, signed and sealed by a professional engineer in the State of Missouri, to the district utilities staff for review. The district utilities staff should work with all relevant district personnel, including the District Bridge Engineer, in reviewing and recommending the details of the attachment to the Bridge Division. Once Bridge Division approves, the Bridge Division will prepare the BR09 Agreement for execution by the utility owner and the Commission. The utility owner is responsible for the construction of attachments to existing bridges. A flow chart, [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_7_BridgeAttachementProcess_AOD.pdf EPG Figure 643.1.7], of the process is available.&lt;br /&gt;
&lt;br /&gt;
Payment from the utility owner for the attachment will be sent to Financial Services by district utilities staff. For BR04 agreements, district utilities staff should discuss with Financial Services how to get the payment credited to the project constructing the attachment. For BR09 agreements, district utilities staff should copy Bridge Division on correspondence with Financial Serves. Checks should be made payable to Director of Revenue, Credit State Road Fund.&lt;br /&gt;
&lt;br /&gt;
For requests from government entities such as cities, counties, and other municipalities, the requested information should be submitted to Bridge Division as described above. However, the district utilities staff will take the lead in preparing the DE10 County Agreement or DE11 Municipal Agreement, as applicable, with input from Bridge Division and Bridge Maintenance. All fees are waived for government entities.&lt;br /&gt;
&lt;br /&gt;
===643.1.5.3 Considerations===&lt;br /&gt;
The following considerations are made in determining the acceptability of a bridge attachment. Unique situations will be discussed with the Bridge Division as required.&lt;br /&gt;
&lt;br /&gt;
====643.1.5.3.1 Bridge Asset Management Program====&lt;br /&gt;
Requests for bridge attachments should be reviewed for consistency with the district’s upcoming bridge asset management program needs. If a structure is due for rehabilitation or replacement in the near future, information should be provided to the utility owner indicating existing remaining life of the bridge. In some instances, it may be in MoDOT’s best interest to deny the request for attachment outright. In some instances, the utility owner may still choose to pursue the short-term attachment to the existing structure. In almost all cases, the utility owner is responsible for the cost of removing and/or relocating their utility facilities for a necessary repair, widening, improvement or reconstruction of the structure. Review existing agreements for cost responsibility for current attachments.&lt;br /&gt;
&lt;br /&gt;
====643.1.5.3.2 Aesthetics====&lt;br /&gt;
In reviewing a request for a bridge attachment, how the structure is viewed by the public will be considered. For example, is the structure over a scenic stream that is extensively used by canoeists, or does the structure span a road that may provide access to a park, campgrounds, or boat launching facilities? Is the structure a grade separation where the motoring public will see the attachment before they pass under it?&lt;br /&gt;
&lt;br /&gt;
====643.1.5.3.3 Method of Attachment====&lt;br /&gt;
In order to maintain structural integrity of any structures the following requirements will apply for attachments.&lt;br /&gt;
&lt;br /&gt;
=====643.1.5.3.3.1 Welding=====&lt;br /&gt;
Welding of hardware to structural steel members (i.e., flanges, webs, stiffeners, and diaphragms) whether in tension or compression is not permitted.&lt;br /&gt;
&lt;br /&gt;
=====643.1.5.3.3.2 Drilling=====&lt;br /&gt;
Drilling holes in any structural steel member is not permitted. Drilling holes for anchors into any prestressed concrete member is not permitted. Although permitted, drilling holes for anchors into the underside of bridge decks must be done with caution. It is recommended all anchors be installed to miss deck reinforcing steel. Generally, drilling into decks will not be allowed where sonotubes were used (voided slab bridges). The depth of the holes should be such that breaking out of the concrete on the top side of the deck does not occur.&lt;br /&gt;
&lt;br /&gt;
=====643.1.5.3.3.3 Corrosion=====&lt;br /&gt;
Attachment hardware will be new, properly coated to prevent corrosion or be of a non-corrosive material, and be designed to support the facility.&lt;br /&gt;
&lt;br /&gt;
====643.1.5.3.4 Location====&lt;br /&gt;
In general, attachments are made on the underneath side of the bridge deck. The condition of the bridge deck will dictate the location of the attachment supports. An exception may be attachments to trusses or other overhead structures.&lt;br /&gt;
&lt;br /&gt;
Attachments that may require manholes in bridge decks are not allowed.&lt;br /&gt;
&lt;br /&gt;
When attachments are required to structures over streams that may carry large drifts, they must be attached to the downstream side of the structure and above the lowest superstructure element. It is preferred to locate the attachment on the outside of the exterior girder. If aesthetics are a concern, a better appearance can be achieved by having the attachment made to the inside of the exterior girder and above the bottom of the lower flange to hide the conduit and the attaching hardware.&lt;br /&gt;
&lt;br /&gt;
Placement of utilities must not prevent the removal of old paint, the application of new paint on superstructure steel, or cause debris buildup, which could cause structural deterioration.&lt;br /&gt;
&lt;br /&gt;
====643.1.5.3.5 Construction and Maintenance====&lt;br /&gt;
If the attachment cannot be built while maintaining one (1) lane of traffic on the structure, it will not be allowed.&lt;br /&gt;
&lt;br /&gt;
Construction procedures that severely impact traffic may factor into the allowable location of the attachment on the structure.&lt;br /&gt;
&lt;br /&gt;
When scaffolding is to be attached or supported by bridge rails, bridge superstructure, or bridge substructure, the procedures for construction of the attachment must be reviewed.&lt;br /&gt;
&lt;br /&gt;
The utility owner or local entity will pay for, or be responsible for, the painting of the attachment, if necessary, when the bridge requires painting.&lt;br /&gt;
&lt;br /&gt;
==643.1.6 Private Lines==&lt;br /&gt;
Private lines are permitted to cross the right of way of a highway in the same manner as outlined for all utility facilities in above sections of this article. Parallel installations along the right of way of a highway are not permitted. Special conditions at a specific location that make adherence to this policy impractical will be submitted to the Chief Engineer for consideration of an acceptable alternative. In certain situations, it may be necessary to obtain approval from the Federal Highway Administration (FHWA) before approval to use the alternative can be given to the private utility owner.&lt;br /&gt;
&lt;br /&gt;
==643.1.7 Water and Sewer Separations==&lt;br /&gt;
The Missouri Department of Natural Resources (MoDNR) Safe Drinking Water Commission via 10 CSR 60-10 and Clean Water Commission via 10 CSR 20-8 govern the design of water and sewer lines in the vicinity of one another. Basic criteria are outlined below for information, and details are contained within the regulations. MoDOT is not responsible for providing or acquiring adequate right of way for utility owners to comply with MoDNR requirements.&lt;br /&gt;
&lt;br /&gt;
===643.1.7.1 Water and Sewer Separations===&lt;br /&gt;
====643.1.7.1.1 Horizontal====&lt;br /&gt;
Sanitary and storm sewers are to be laid at least ten feet (10’) horizontally measured from outside edge to outside edge from any existing or proposed water main. In cases where it is not practical to maintain ten feet (10’) of separation, installation of the water main closer to the sewer is acceptable where the water main is installed in a separate trench or on an undisturbed earth shelf located on one (1) side of the sewer at an elevation so the bottom of the water main is at least eighteen inches (18”) above the top of the sewer.&lt;br /&gt;
&lt;br /&gt;
===643.1.7.2 Crossings===&lt;br /&gt;
Water mains are to be laid to provide a minimum vertical distance of eighteen inches (18”) vertically measured outside edge to edge from sanitary or storm sewers. This is the case whether the water main is above or below the sewer. One (1) full length of water pipe must be located so both joints will be as far from the sanitary or storm sewer line as possible. Special structural support for the water main or sanitary or sewer main may be required.&lt;br /&gt;
&lt;br /&gt;
===643.1.7.3 Exception===&lt;br /&gt;
When it is impossible to obtain proper horizontal and vertical separation as stipulated, the sewer will be designed and constructed equal to water pipe and will be pressure-tested to assure it is watertight prior to backfilling.&lt;br /&gt;
&lt;br /&gt;
===643.1.7.4 Water Supply Interconnections===&lt;br /&gt;
No physical connection is permitted between a public or private potable water supply system and any sanitary or storm sewer or appurtenance that would permit the passage of any sewage or polluted water into the water supply. No water pipe is permitted to pass through or come in contact with any part of a sanitary sewer manhole.&lt;br /&gt;
&lt;br /&gt;
===643.1.7.5 Water Works Structures===&lt;br /&gt;
Sewers are not permitted to be installed within fifty feet (50’) in any direction from any existing or proposed public water supply well or other water supply sources or structures.&lt;br /&gt;
&lt;br /&gt;
==643.1.8 Variances==&lt;br /&gt;
Occasionally, it is impractical to locate a utility facility in accordance with requirements outlined in this article. MoDOT may consider a utility owner’s request for a variance from these requirements on a case-by-case basis. The utility owner should complete a [https://epg.modot.org/forms/general_files/DE/UtilityVarianceApprovalForm.docx Utility Variance Approval Form] to be submitted to MoDOT for consideration. Variances on the Interstate System require approval of the Federal Highway Administration (FHWA). A flow chart, [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_8_VarianceApprovalProcess.pdf EPG Figure 643.1.8], of the variance process is available.&lt;br /&gt;
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A variance will not be permitted just for the convenience of the utility owner. The utility owner requesting a variance must provide all necessary information to properly evaluate if a variance should be approved. For example, a utility owner requesting a variance because “the utility corridor is full” must explore all reasonable options. It is suggested that the requestor pothole the existing utility corridor to confirm the location of existing utility facilities and provide that data to support the need to locate outside of the utility corridor due to its congestion.&lt;br /&gt;
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===643.1.8.1 Variance Process===&lt;br /&gt;
Any utility owner of a public utility facility may apply for a variance. The process for requesting a variance is as follows:&lt;br /&gt;
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====643.1.8.1.1 Submittal Requirements====&lt;br /&gt;
Utility owners submit to the district utilities staff a written request for a variance using the [https://epg.modot.org/forms/general_files/DE/UtilityVarianceApprovalForm.docx Utility Variance Approval Form]. The utility owner must clearly show the provision(s) or guideline(s) for which the variance is being requested; the condition(s) which the utility owner believes warrant(s) the granting of a variance; a thorough explanation of the reason(s) for the requested variance, including sufficient and appropriate documentation of safety, aesthetic, or constructability constraints that would be adverse to the function, access, or maintenance of the utility facility and not in the best interest of the public.&lt;br /&gt;
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====643.1.8.1.2 MoDOT Consideration of Variance Request====&lt;br /&gt;
The utility owner bears full responsibility for demonstrating to MoDOT’s satisfaction that the variance is the most appropriate way to serve the public interest. MoDOT may present to the utility owner and the utility owner must consider reasonable alternatives to the variance requested by the utility owner. In determining whether to grant a variance, district utilities staff will consider all relevant factors including, but not limited to: the requested variance is reasonably necessary for the convenience, safety, health, and/or welfare of the public; there is an exceptional or undue burden or hardship on the specific applicant; a physical impracticability that would result from the applicant’s adherence to the normal location requirements; and the requested variance will not impair the safe construction, maintenance, operation, and safety of public travel on the highway. District utilities staff may consult with the Design Liaison Engineer in evaluating variances.&lt;br /&gt;
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====643.1.8.1.3 Approval of Variances====&lt;br /&gt;
Once district utilities staff have agreed to accept a variance proposed by the utility owner, the [https://epg.modot.org/forms/general_files/DE/UtilityVarianceApprovalForm.docx Utility Variance Approval Form] and all supporting documentation is sent to the District Design Engineer (DDE) for approval. If a variance is on interstate right of way, the DDE-signed Variance Request Form and all supporting documentation is forwarded to the Design Liaison Engineer who will forward to FHWA for their concurrence.&lt;br /&gt;
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====643.1.8.1.4 Variance Appeal Informal Hearing====&lt;br /&gt;
If denied a variance, the utility owner has thirty (30) calendar days to request an informal hearing for the purpose of appealing the denial. Requests must be made in writing to the State Design Engineer, Missouri Department of Transportation, P.O. Box 270, Jefferson City, MO 65102. If the utility owner requests an informal hearing, MoDOT’s authorized representative will advise the applicant of the time, date, and place of the hearing. The hearing is not a contested case under RSMo 536. The rules of evidence will not apply at the hearing, and MoDOT’s decision after the conduct of the hearing is not subject to further appeal.&lt;br /&gt;
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==643.1.9 Excess Right of Way==&lt;br /&gt;
Prior to conveyance of excess right of way, the status of utility facilities within said parcel must be addressed. See [[236.5_Property_Management#236.5.12_Excess_Land_Conveyances_&amp;amp;_Relinquishments_–_Regulated_Utilities|EPG 236.5.12]].&lt;br /&gt;
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==643.1.10 Broadband==&lt;br /&gt;
Broadband development in the state of Missouri is handled by the Department of Economic Development (DED). MoDOT shares its approved Statewide Transportation Improvement Program (STIP) project list with DED. All MoDOT policies related to placement of utility facilities within Commission right of way as outlined in this EPG article 643.1 are to be followed.&lt;br /&gt;
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&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643.2 Utilities in Program Delivery &#039;&#039;PAGE TITLE&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt; &lt;br /&gt;
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==643.2.1 Introduction==&lt;br /&gt;
Improvements to the highway system often require negotiation between the Commission and a city, a county, or a public or private utility owner. The Commission’s district utilities staff is responsible for coordination of highway improvement projects with the utility owner’s representative. The impact to a utility, the responsibility for the cost of adjustments necessary to allow highway construction, the plan of adjustment of the utility, the responsibility of performance of work on utility facilities, and the schedule of the utility adjustment are all items that vary depending on the project and should be investigated and negotiated to ensure highway improvement projects are delivered on-time and on-budget. These should comply with Commission policy. A flowchart [link here] outlining all the utility adjustment processes (reimbursable and non-reimbursable relocations, Master Reimbursable Utility Agreements and Project Specific Agreements, etc.) are available in the list of figures at the top of the page. These processes will not always be in combination, but each should be considered with each project.&lt;br /&gt;
&lt;br /&gt;
The district utilities staff, in conjunction with the Transportation Project Manager (TPM), is expected to invite and encourage participation of utility owner representatives in MoDOT project meetings as needed.&lt;br /&gt;
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When a project involves utility adjustments for which the Commission is responsible for costs, the TPM should program the costs of the utility adjustments as non-contractual construction costs in the STIP Information Management System (SIMS).&lt;br /&gt;
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==643.2.2 Annual Utility Meeting==&lt;br /&gt;
Each district should hold an annual meeting with utilities to discuss current STIP projects in the district. The annual meeting should be held during each year&#039;s STIP preparations, ideally between January and May. All utility owners that have utility facilities in the district should be invited. The intent is to provide the utility owners with an idea of upcoming projects to allow them the opportunity to plan and budget for potential adjustments of their utility facilities, identify both MoDOT and utility roadblocks, and develop action plans to complete utility adjustments better, faster, and cheaper.&lt;br /&gt;
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==643.2.3 Determination of Existing Utilities==&lt;br /&gt;
District utilities staff should determine the appropriate level of effort needed to accurately identify existing utilities within the footprint of a proposed highway construction project. Aboveground utilities are easily identifiable via field checks; however, determination of the precise location of underground utilities can be more challenging and time consuming. Therefore, the district utilities staff should balance the risk of conflict with the highway construction project against the level of effort needed to determine the location.&lt;br /&gt;
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The level of effort on mapping utilities is dependent on the scope of the project and the potential for utilities having an impact on the construction of the project. The project schedule should include the time to complete this task accurately. The time and effort necessary for having accurate locates requires close interaction with the utility locators. Early contact with utility owner representatives may be necessary to accurately locate underground utility facilities.&lt;br /&gt;
&lt;br /&gt;
Various methods of determining existing underground utilities result in different levels of quality. ASCE Standard 38 Standard Guidance for Investigating and Documenting Existing Utilities classifies four levels of quality:&lt;br /&gt;
:1. Quality Level D: QL-D is the most basic level of information for utility locations. It comes solely from existing utility records or verbal recollections, both typically unreliable sources. It may provide an overall &amp;quot;feel&amp;quot; for the congestion of utilities but is often highly limited in terms of comprehensiveness and accuracy. QL-D is useful primarily for project planning and route selection activities.&amp;lt;br&amp;gt;&lt;br /&gt;
: Missouri 811 or “private-locate” markings are to be considered to be QL-D.&lt;br /&gt;
:2. Quality Level C: QL-C is probably the most used level of information. It involves surveying visible utility facilities (e.g., manholes, valve boxes, etc.) and correlating this information with existing utility records (QL-D information). When using this information, it is not unusual to find that many underground utilities have been either omitted or erroneously plotted. Therefore, its usefulness is primarily on rural projects where utilities are not prevalent or are not too expensive to repair or relocate.&lt;br /&gt;
:3. Quality Level B: QL-B involves the application of appropriate surface geophysical methods to determine the existence and horizontal position of virtually all utilities within the project limits. This activity is called &amp;quot;designating&amp;quot;. The information obtained in this manner is surveyed to project control. It addresses problems caused by inaccurate utility records, abandoned or unrecorded utility facilities, and lost references. The proper selection and application of surface geophysical techniques for achieving QL-B data is critical. Information provided by QL-B can enable the accomplishment of preliminary engineering goals. Decisions regarding location of storm drainage systems, footers, foundations, and other design features can be made to avoid conflicts with existing utilities. Slight adjustments in design can produce substantial cost savings by eliminating utility relocations.&lt;br /&gt;
:4. Quality Level A: QL-A, also known as &amp;quot;locating or potholing&amp;quot;, is the highest level of accuracy presently available and involves the full use of the subsurface utility engineering services. It provides information for the precise plan and profile mapping of underground utilities through the nondestructive exposure of underground utilities, and provides the type, size, condition, material, and other characteristics of underground features.&lt;br /&gt;
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For projects with scopes that have potential for utility conflicts, the minimum level of effort required is SUE Quality Level D. Locations of existing utilities are determined by requesting locates through Missouri 811, also known as the “One-Call” process. Missouri 811 locating requests should be carefully considered for the scope of work of the project. When necessary, the location of existing utilities should be established by a field survey of locate markings and features and shown on the roadway plans. Higher level SUE Quality Levels can be used on any project. Adjustment cost savings, whether to the MoDOT or to the utility owner, are beneficial to the taxpayer. Good SUE projects are typically urban in nature, or in congested areas, where the project footprint is to be minimized, or anytime accurate vertical and horizontal location of the utility facility might allow a design to avoid the utility facility thus preventing the need for the adjustment. The SUE process combines civil engineering, surveying, and geophysics. It utilizes several technologies, including vacuum excavation and surface geophysics.&lt;br /&gt;
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When proposed excavation or installation of subsurface features (drainage, equipment bases, etc.) falls within three feet (3’) of a marked Missouri 811 line, soft digging (hand digging, potholing, vacuum methods, pressurized air/water jetting, pneumatic hand tools, etc.) is required to more exactly locate the utility facility both horizontally and vertically. Utility facilities present within the right of way by permit, should be investigated by the utility owner. Utility facilities that would be reimbursable or partially reimbursable as defined in EP 643.2.8 will be investigated by MoDOT.&lt;br /&gt;
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==643.2.4 Conflict Determination==&lt;br /&gt;
Determination of whether a conflict exists between an existing utility facility and a proposed highway improvement project should occur at the earliest possible stage of project development. A conflict may be the result of the physical interaction between the roadway infrastructure and utility facility, a reduction in cover or increase in fill over underground utilities, a reduction in horizontal clearance whether above or below ground, a reduction in overhead vertical clearance, paving over utilities, or restricting a utility owner’s access to its utility facilities. District utilities staff should work with utilities to determine if a conflict exists and the appropriate plan of adjustment to remedy the conflict. The adjustment to the utility may be a relocation or another measure that protects the utility or access to the utility from the proposed highway improvement project. Determination of a conflict needs to be continually re-evaluated as the project design progresses. Continuing coordination is essential.&lt;br /&gt;
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==643.2.5 Utility Plan of Adjustment==&lt;br /&gt;
===643.2.5.1 Request for Plan of Adjustment===&lt;br /&gt;
District utilities staff will request a plan of adjustment from utility owners whose utility facilities are in conflict with a proposed highway project. The plan of adjustment may consist of efforts to relocate the utility or otherwise protect a utility from the impacts of the proposed highway project. Utilities are shown on the roadway plan and profiles sheets that are furnished to utility owners for use in planning required utility adjustments. Any other sheets such as drainage, traffic signal, lighting, or ITS plans that show impacts to a utility facility should also be provided to the utility owners. All adjustments, reimbursable or not, require a plan of adjustment furnished by the utility owner.&lt;br /&gt;
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A transmittal letter is included in the request for a plan of adjustment. The letter informs the utility owner that regardless of whether an adjustment is reimbursable, no physical adjusting or relocating of their utility facilities to accommodate the proposed highway improvement is to be performed without specific approval and authorization. Additionally, if any part of the adjustment has the potential to be reimbursable, they are advised:&lt;br /&gt;
# They may undertake preliminary engineering by their own forces upon approval by district utilities staff of the estimated costs of preliminary engineering.&lt;br /&gt;
# They may employ a consultant to do the PE work provided they request and obtain prior approval. See [[#643.2.6_Preliminary_Engineering_Requirements|EPG 643.2.6 Preliminary Engineering Requirements]].&lt;br /&gt;
# Any preliminary engineering costs accrued prior to the date of written authorization to proceed will not qualify for reimbursement.&lt;br /&gt;
# Replacement right of way or easements cannot be purchased without specific approval and authorization.&lt;br /&gt;
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===643.2.5.2 Proposed Plan of Adjustment===&lt;br /&gt;
Developing a plan of adjustment is a multi-step process. The utility owner will propose a conceptual approach to adjusting the utility facilities to allow highway construction. This conceptual approach is used as the basis for determining cost responsibility, estimate of costs for preliminary engineering and construction, developing the agreement if necessary, and final design of the adjustment. Negotiations between district utility staff and the utility owner’s representative can result in changes to the design throughout the process.&lt;br /&gt;
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Final plans of adjustment must contain a legend on the first sheet identifying the utility symbols used. They must also show the existing utility facilities and their disposition, the location of the new or adjusted utility facilities, the existing and new right of way lines, the limited or fully controlled access symbols (where applicable), the existing and proposed roadways, ramps, and outer roadways and any other pertinent roadway information. They must contain sufficient details concerning location, elevation, compaction, clean up, etc. to provide for the proper adjustment of the utility facility. Relocated and/or existing utility facilities that will remain in place must be dimensioned or indicated in a manner to show their location in respect to the right of way lines. It is preferred that the utility owner transmits the plan of adjustment by electronic deliverables in a format that can be incorporated into the roadway plans. This will reduce the time and effort necessary as well as increase the accuracy of transferring this information into the roadway plans.&lt;br /&gt;
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Plans of adjustment received from the utility owner are to be checked for compliance with MoDOT’s requirements ([[#643.1_Utilities_Location|EPG 643.1 Utility Location]]) by the district utilities staff. They are also checked to ensure compatibility with the roadway design. Any continuing conflicts are resolved through negotiations with the utility owner.&lt;br /&gt;
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Occasionally, it is impractical to perform a utility adjustment in accordance with MoDOT’s requirements. Sometimes the utility may request approval of a plan of adjustment that does not conform to these requirements. Deviation from MoDOT’s utility requirements is a variance. Refer to [[#643.1.8_Variances|643.1.8 Variance Process]] for additional guidance.&lt;br /&gt;
The final plan of adjustment is included as Exhibit “A” to the agreement ([[#643.2.12_Utility_Agreements|EPG 643.2.12 Agreements]]).&lt;br /&gt;
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==643.2.6 Preliminary Engineering Requirements==&lt;br /&gt;
Preliminary engineering (PE) can be performed one of four ways for utility adjustments:&lt;br /&gt;
# The utility owner can use its own engineering forces.&lt;br /&gt;
# MoDOT can select an engineering consultant, after consultation with the utility owner, and the consultant contract will be administered by MoDOT.&lt;br /&gt;
# The utility owner can select an engineering consultant, with approval by MoDOT, and the consultant contract will be administered by the utility owner.&lt;br /&gt;
# If a utility adjustment is being included in a MoDOT administered construction contract, the preliminary engineering of the adjustment can be provided by MoDOT.&lt;br /&gt;
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For reimbursable utility adjustments, the amount paid to engineers, architects, and others for required engineering and allied services can be included in reimbursement amount provided such amounts are not based on a percentage of the costs of the necessary adjustments to allow highway construction. Reimbursement is available for contracts executed after solicitation of a consultant for the specific adjustment or existing continuing contracts when it is demonstrated that such work is performed regularly for the utility owner in its own work and that the costs are reasonable.&lt;br /&gt;
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A [https://epg.modot.org/forms/general_files/DE/UtilityConsultantContractChecklist.docx checklist is available for reviewing consultant-engineering contracts] to ensure the contract conforms to MoDOT policy and complies with applicable federal regulations. District utilities staff should use the checklist to review contracts and may consult with Audits and Investigations Division as necessary. The procedures in 23 CFR part 172, Administration of Engineering and Design Related Service Contracts may be used as a guide for reviewing proposed consultant contracts. [[:LPA:136.4_Consultant_Selection_and_Consultant_Contract_Management|EPG 136.4 Consultant Selection and Consultant Contract Management]] may also be used as a guide.&lt;br /&gt;
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===643.2.6.1 Solicited Consultant Contracts===&lt;br /&gt;
If solicitation of PE services is required for reimbursable utility adjustments, the utility owner must provide the following documents and information to district utilities staff. These documents need to be provided as soon as the utility owner has chosen to solicit a consultant. Document 1 must be supplied by all utility owners. Documents 2 and 3 are only required when the utility owner is a local government agency who is also a political subdivision of the state of Missouri (e.g., city-owned utilities, county-owned utilities). All other utility owners are encouraged, but not required, to provide Documents 2 and 3:&lt;br /&gt;
# A statement that the utility owner is not staffed or able to perform the required PE services with its own forces.&lt;br /&gt;
# Provide the names of at least three (3) consultants considered.&lt;br /&gt;
# The criteria used to evaluate each consultant and reasons why the selected consultant was selected.&lt;br /&gt;
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The following documents need to be provided as soon as the utility owner has successfully negotiated and entered into a contract with the consultant:&lt;br /&gt;
# The name and address of the selected consultant.&lt;br /&gt;
# A statement that the &amp;quot;[https://epg.modot.org/forms/general_files/DE/CertificationOfConsultant.docx Certification of Consultant]&amp;quot; will be furnished immediately upon award of the contract to the consultant.&lt;br /&gt;
# One executed copy of the proposed engineering contract or agreement between the utility owner and consultant, only if the engineering will exceed $5,000.00.&lt;br /&gt;
# The consultant&#039;s fixed (lump sum) or estimated fee (actual cost) and the contract maximum.&lt;br /&gt;
# A cost summary providing a detailed breakdown of the basis for the consultant&#039;s compensation, including estimated labor hours, hourly rates for each classification, overhead rate (if used), the amount of profit charged, and any other estimated charges such as travel expenses, equipment rentals, etc. If an overhead rate is used, the consultant must also submit the supporting overhead rate calculations.&lt;br /&gt;
# An independent cost estimate of engineering services provided by the utility owner to use in comparison to the consultant’s proposed engineering services to check for cost reasonableness.&lt;br /&gt;
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===643.2.6.2 Continuing Consultant Contracts===&lt;br /&gt;
When a utility owner chooses to use an existing continuing contract for PE services, the utility owner must provide the following documents and information to the district utilities staff as soon as possible.&lt;br /&gt;
# A statement that the utility owner is not staffed or able to perform the engineering with its own forces.&lt;br /&gt;
# The name and address of the consultant under the existing continuing contract.&lt;br /&gt;
# A statement that the &amp;quot;[https://epg.modot.org/forms/general_files/DE/CertificationOfConsultant.docx Certification of Consultant]&amp;quot; will be furnished.&lt;br /&gt;
# A copy of the continuing contract to the district utilities staff. The district utilities staff will review the contract for reasonableness of cost.&lt;br /&gt;
# The consultant&#039;s fixed (lump sum) or estimated fee (actual cost) and the contract maximum for the work associated with the utility adjustment.&lt;br /&gt;
# A cost summary providing a detailed breakdown of the basis for the consultant&#039;s compensation, including estimated labor hours, hourly rates for each classification, overhead rate (if used), the amount of profit charged, and any other estimated charges such as travel expenses, telephone, etc. If an overhead rate is used, the consultant must also submit the supporting overhead rate calculations.&lt;br /&gt;
# An independent cost estimate of engineering services provided by the utility owner to use in comparison to the consultant’s proposed engineering services to check for cost reasonableness.&lt;br /&gt;
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===643.2.6.3 Consultant Contract Changes===&lt;br /&gt;
If a PE services contract between a utility owner and a consultant needs to be revised, a copy of the revised contract, fee, and schedule should be submitted by the utility owner to the district utilities staff prior to allowing for contract changes. District utilities staff should review the contract changes to ensure the revised contract conforms to MoDOT policy and complies with applicable federal regulations.&lt;br /&gt;
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==643.2.7 Environmental and Right of Way==&lt;br /&gt;
===643.2.7.1 Utilities and Environmental Clearances===&lt;br /&gt;
District utilities staff should coordinate with the TPM and utility owner’s representative to understand and communicate on known environmental and cultural constraints that could impact a utility owner’s plan of adjustment. This will allow the utility owner to consider permitting timelines and alternatives that avoid environmental or cultural resources to keep the project on schedule.&lt;br /&gt;
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One strategy to make project delivery more efficient and ensure regulatory compliance is for MoDOT to obtain the environmental and cultural resource permits and clearances for the utility owners associated with a roadway improvement while obtaining its own. This would generally only be for the permits and regulatory clearances MoDOT already needs to pursue as a part of the transportation improvement.&lt;br /&gt;
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District utilities staff should coordinate with the utility owner’s representative early in the project timeline to determine if it is in the best interest of both MoDOT and the utility owner to obtain permits and environmental clearances jointly. The following strategies can be utilized to determine if a joint approach to environmental work should be pursued:&lt;br /&gt;
* If utility facilities are moving to a location within or immediately adjacent to MoDOT right of way, a utility owner may be invited to participate in permitting and environmental compliance activities.&lt;br /&gt;
* If utilities move to a location not within or adjacent to MoDOT right of way, the utility company would not normally be invited to participate in permit applications and environmental compliance activities. However, some unique projects may necessitate further attention and should be discussed with the Design Liaison Engineer.&lt;br /&gt;
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If MoDOT and the utility owner agree to obtain joint permits and clearances, written communication between the utility owner’s representative and the district utilities staff should document the following items:&lt;br /&gt;
* List of the permits and clearances that MoDOT will acquire on behalf of the utility owner.&lt;br /&gt;
* List of the information needed from the utility owner in order for MoDOT to acquire the permits and clearances.&lt;br /&gt;
* Schedule and deadlines for submittal of the information by the utility owner. For example: utility plans, fill quantities, construction methods, dates, or seasons of construction.&lt;br /&gt;
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Permits and clearances that may be needed by both a utility owner and MoDOT include:&lt;br /&gt;
* [[127.7_Threatened_and_Endangered_Species|Endangered Species Act consultation and clearance]]&lt;br /&gt;
* [[127.2_Historic_Preservation_and_Cultural_Resources#127.2.1.1_Historic_Preservation_Regulations_and_Laws|Section 106 of the National Historic Preservation Act clearance]]&lt;br /&gt;
* [[127.10_Section_4(f)_Public_Lands|Section 4(f) clearance]]&lt;br /&gt;
* [[127.10_Section_4(f)_Public_Lands#127.10.1.4_Section_6(f)_Laws_and_Regulations|Section 6(f) of the Land and Water Conservation Fund Act clearance]]&lt;br /&gt;
* [[127.4_Wetlands_and_Streams|Section 401 and Section 404 of the Clean Water Act permits]]&lt;br /&gt;
* [[:Category:806_Pollution,_Erosion_and_Sediment_Control#806.1_Introduction_(see_Sec._806)|Section 402 of the Clean Water Act permit (State Operating Permit for Erosion Control)]]&lt;br /&gt;
* [[127.8_Hazardous_and_Solid_Waste|Recommendations on contaminated soil disposition]]&lt;br /&gt;
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===643.2.7.2 Right of Way Acquisition and Utilities===&lt;br /&gt;
The Commission is obligated to acquire the width of right of way required by the design of the highway improvement. For utility facilities currently located within the Commission’s right of way, this includes the necessary space for the utility facilities impacted by the design of the highway improvement. Either additional right of way width to accommodate a utility corridor or a utility easement can be obtained for the relocation of utility facilities. When drainage easements are acquired along a channel, additional space for utility facilities should be considered to avoid conflicts between the utility facility and the bridge or culvert.&lt;br /&gt;
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District utilities staff should inform the utility owner’s representative of the potential of a conflict between an existing utility facility and a proposed highway construction project early in the project development process to allow sufficient time for the utility owner to prepare a plan of adjustment and notify the district utilities staff of any easement needs. When utility facilities are located on a utility owner’s private easement, the utility owner may obtain its own new easements. If the utility owner is not in a position to negotiate for new easements or if the utility owner’s policies will not permit it to condemn property to obtain the easement, MoDOT can acquire the easement in the same manner roadway right of way is obtained. The district utilities staff should verify the utility owner is aware of the opportunity to have MoDOT acquire the easement, and the utility owner should provide written documentation on whether the utility owner would like to pursue this option with MoDOT.&lt;br /&gt;
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For situations where the utility owner will obtain its own replacement right of way and the cost of the adjustment is MoDOT’s responsibility, the utility right of way cost should be reviewed by the district right of way department to ensure the cost is reasonable and acquisition followed state and federal regulations. In order to expedite utility adjustments necessary to allow highway construction, the district utility staff may authorize the utility owner to obtain easements prior to all details of a plan of adjustment being developed. In this situation, the district utilities staff should ensure enough details are known to justify the needed right of way, and an agreement for right of way costs only should be executed with the utility owner.&lt;br /&gt;
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For situations where MoDOT will obtain the right of way necessary to allow highway construction, district utility staff should negotiate with the utility owner’s representative to ensure all necessary utility easements are shown on the approved right of way plans. The TPM should confirm with district utilities staff that the right of way plans accurately reflect the needs of the utility owners prior to requesting right of way plan approval. The district Right of Way Manager should confirm with district utilities staff before requesting an acquisition date (A-date). Every effort should be made to avoid adding utility easement requests once negotiations with property owners have begun.&lt;br /&gt;
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Occasionally, when negotiations cannot be completed for easements for the adjustment of utility facilities, it may be necessary to condemn for the property. District utilities staff should coordinate with the utility owner’s representative to ensure no alternate design for the adjustment of the utility facility is practical. The decision to condemn for easements for the adjustment of the utility facilities requires the exercise of good judgment in reaching the conclusion that further good faith negotiations are futile and condemnation is necessary to maintain the project in the scheduled letting. The TPM should coordinate with the district utilities staff and district Right of Way (RW) personnel on the condemnation proceedings.&lt;br /&gt;
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Easement and other right of way documents used with utility owners are handled in accordance with procedures established jointly with RW and district utilities staff. District survey staff prepare the land descriptions for use in utility easements. The district utilities staff is responsible for completion of the easements in the correct form and scope. A sketch delineating the area described is attached to the easement as Exhibit “A”. Communication with the Design Division will ensure use of proper forms, corporate names and locations, and particular wording required for joint ownerships. The description for a utility easement is to be referenced to the nearest land corner shown on the plans. Examples of easements can be found in the template list in [https://netprod3.dot.missouri/eAgreements/Search/QuickSearch eAgreements].&lt;br /&gt;
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In situations where MoDOT is acquiring right of way with existing utility easements, but the district utilities staff and the utility owner’s representative agree that the utility facility may remain in place, the utility owner will release the property to the Commission separate from the right of way acquisition. This is done by executing an Easement for Highway Construction (UT16). The utility owner grants and conveys, with warranty of title expressed or implied, to the Commission, the right to construct, reconstruct, and maintain a highway over and across that portion of the easement owned and held by the utility owner. In the future, the utility owner retains any reimbursable rights should future projects require adjustments to allow highway construction.&lt;br /&gt;
&lt;br /&gt;
==643.2.8 Cost Responsibility==&lt;br /&gt;
In addition to determining if a conflict exists between an existing utility facility and a highway improvement project, it is important to determine who is responsible for the costs of the necessary adjustments to allow highway construction. An adjustment for which the Commission is responsible for the costs is known as a reimbursable adjustment. An adjustment for which the Commission is not responsible for the costs is known as a non-reimbursable adjustment. An adjustment for which the Commission and the utility share responsibility for costs is known as a partially reimbursable adjustment. Adjustments determined to be reimbursable or partially reimbursable by the Commission are to be completed under the terms of an agreement executed between the utility owner and the Commission.&lt;br /&gt;
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===643.2.8.1 Commission Responsibility===&lt;br /&gt;
====643.2.8.1.1 Utility Facilities Located on Private Easements====&lt;br /&gt;
When the utility facility is located on a private easement within the new right of way to be acquired for a future project, the Commission is responsible for the cost of the necessary adjustments to allow highway construction. It may be possible that such easement does not have written easement rights. The Commission will honor this oral right provided acceptable documentation is provided by the utility owner to the district utilities staff. An [https://epg.modot.org/forms/general_files/DE/NonwrittenEasementRights_Example.docx example of acceptable documentation for not written easement rights] is available. Other forms of documentation will be considered on an individual basis.&lt;br /&gt;
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=====643.2.8.1.1.1 Future Moves=====&lt;br /&gt;
When the utility facility is located on a private easement, taken into the Commission’s right of way, the Commission may agree that any future moves of the same utility by Commission order may be made at the Commission’s cost. Documentation of this agreement is by an Easement for Highway Construction (UT16) agreement. If the Commission provides a substitute private easement, then the Commission will have future obligations consistent with the utility facility’s status in an easement.&lt;br /&gt;
&lt;br /&gt;
====643.2.8.1.2 Utility Facilities Located within Commission Right of Way====&lt;br /&gt;
When the utility facility is located within Commission right of way, but has prior land rights, the Commission is responsible for the cost of adjustments to allow highway construction. The utility owner is responsible for documenting to the satisfaction of the district utilities staff, the basis for the claim of prior land rights within Commission right of way. Time spent researching prior rights is considered coordination and is reimbursable.&lt;br /&gt;
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====643.2.8.1.3 City or County Utility Facilities on City or County Streets====&lt;br /&gt;
When roadway improvements are within the corporate limits of cities, towns, and villages, a municipal agreement is negotiated between the Commission and the municipality. Likewise, when roadway improvements are within the limits of a county and outside the municipal limits, a county agreement is negotiated between the Commission and the County Commission. Included in these agreements are provisions regarding reimbursement for adjusting city or county owned utility facilities. Reimbursement is provided for adjustment of city or county owned utility facilities that are now located on city or county streets and not on Commission right of way.&lt;br /&gt;
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====643.2.8.1.4 Lumen====&lt;br /&gt;
Lumen – National (formerly CenturyLink, Lightcore, or Digital Telephone, Inc. (DTI)) and the Commission have entered into a partnership agreement, “Amended and Restated Fiber Optic Cable on Freeways in Missouri,” executed June 5, 2003 which obligates the Commission to be responsible for the cost of the necessary adjustments to allow highway construction along the routes identified in the agreement. A copy of the agreement is available to district utilities staff.&lt;br /&gt;
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====643.2.8.1.5 Services to the Commission====&lt;br /&gt;
When a utility facility provides a service connection to local Commission facilities such as power to traffic signals, lighting, ITS, and cathodic protection and phone drops to traffic signal controllers or other Commission facilities, the Commission is responsible for the cost of the necessary adjustments to allow highway construction.&lt;br /&gt;
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====643.2.8.1.6 Private Service Lines====&lt;br /&gt;
While most utility owners reconnect the private service lines at no cost to the property owner, some do not. If a utility owner does not reconnect service lines, MoDOT can include adjustment of private service lines in roadway contracts. Bid items for relocating service connections are provided for the different types of anticipated adjustments.&lt;br /&gt;
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====643.2.8.1.7 Second Moves====&lt;br /&gt;
If the Commission requires additional work to a utility facility after the facility has been relocated or adjusted in accordance with a plan of adjustment approved by the Commission for a single project number, the Commission is responsible for the cost of the additional work regardless of whether the initial adjustment was Commission responsibility as outlined in other parts of [[643.2_Local_Utility_Adjustments_-_Public_and_Private#643.2.8.1_Federalizing_Funds_for_Preliminary_Engineering|643.2.8.1]].&lt;br /&gt;
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The purpose of the policy is to encourage utilities to relocate early rather than waiting until plans are published for bidding. The policy eliminates the utility having to relocate twice at its own expense because of late changes in the design. It is best to have utilities relocated prior to construction, and this policy helps achieve that goal. Therefore, it is imperative that the designer notifies district utilities staff as soon as possible of any changes made after these plans have been sent. If notified immediately, it may be possible to inform the utility owner prior to their final design thereby eliminating a second move.&lt;br /&gt;
&lt;br /&gt;
Under this policy, the following are not considered second moves. Temporary and staged relocations necessary to accommodate construction and agreed upon by the utility and the Commission prior to relocation are considered a single move and are not subject to the provisions of the second move policy. If the Commission requires adjustment of a utility facility for which the utility owner is responsible for the cost of the adjustment and was originally determined to not need adjustment, the utility owner is responsible for the cost of the adjustment. The utility owner is responsible for the cost of additional work to any portion of the utility facility after the utility facility has been adjusted in accordance with a plan of adjustment approved by the Commission if the additional work is required by the Commission due to error by the utility owner in preparation of plan of adjustment, field location of, or construction of the adjustment of the utility facility.&lt;br /&gt;
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When evaluating construction contract changes by change order or value engineering, the impacts of the second move policy should be considered.&lt;br /&gt;
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===643.2.8.2 Utility Owner Responsibility===&lt;br /&gt;
====643.2.8.2.1 Utility Facilities Owned and Operated by a Political Subdivision====&lt;br /&gt;
When a utility facility is located within Commission right of way, but does not have prior land rights, the utility owner is responsible for the cost of the necessary adjustments to allow highway construction. When a utility facility is located on public right of way other than Commission right of way, the utility owner is responsible for the cost of the necessary adjustments to allow highway construction.&lt;br /&gt;
&lt;br /&gt;
When a political subdivision must bear part or all the cost of adjustments to their utility facilities, and the cost creates a financial hardship, the Commission, by its authorized representative, the Chief Engineer, may temporarily assume these costs. A payback agreement with the political subdivision will include an applicable interest rate for a comparable maturity from a widely published index of tax-exempt municipal rates obtained from Financial Services. Payback time will not exceed five (5) years.&lt;br /&gt;
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====643.2.8.2.2 Utility Facilities Other Than Those Owned by a Political Subdivision====&lt;br /&gt;
When a utility facility is on the right of way of a public road or street or on state highway right of way without prior land rights and adjustment is necessary to allow for the construction of a roadway improvement, the utility owner is responsible for the cost of the necessary adjustments to allow highway construction.&lt;br /&gt;
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===643.2.8.3 Shared Responsibility===&lt;br /&gt;
When a utility facility is located such that portions of it are a Commission responsibility and portions of it are a utility owner responsibility by the definitions above, the costs of the necessary adjustments to allow highway construction will be split by the Commission and the utility owner. If the exact cost for each party can be determined, each party will be responsible for their portion of the cost of relocating the utility facility. If the exact cost for each party cannot be determined, the parties will arrive at a percentage reimbursement on an equitable basis.&lt;br /&gt;
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===643.2.8.4 Notice of Hearing===&lt;br /&gt;
When relocation or other difficulties with utility facilities on public right of way arise that prevent resolution by negotiation, formal hearings will be required.&lt;br /&gt;
&lt;br /&gt;
The district initiates a request for a utility relocation hearing with a letter to the Chief Counsel’s Office (CCO) (a copy is provided to the Design Division) requesting a hearing date. CCO will arrange for a hearing room, court reporter, etc. and advise the district of the hearing date.&lt;br /&gt;
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The district will prepare the notice of hearing by strictly following the given format and serve the notice on all persons and utility owners listed. The property and utility owner must be served only by personal service or by mailing a certified letter, return receipt requested, no later than 15 days before the date of hearing. This will require the district to make every effort to identify the correct property owner before preparing the notice of hearing. To avoid delays, every attempt will be made to issue the hearing notice at least 30 days prior to the hearing date in case any property has changed ownership and any additional property owners must be served. A notice of hearing on service line connections will also be served on the private or public owner of the main or distribution line to which the service lines are connected. A notarized &amp;quot;Report of Personal Service&amp;quot; will be completed when notification by certified mail is not used.&lt;br /&gt;
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One copy of the hearing notice and attachments, &amp;quot;Report of Personal Service&amp;quot; and certified mail notices are to be submitted to CCO after notification is complete.&lt;br /&gt;
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Prior to the hearing, the district&#039;s representative will become familiar with the details of the utility adjustment in order to provide concise testimony to expedite the hearing process. CCO will assign an attorney to work with the district and present the case.&lt;br /&gt;
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Refer to 7 CSR 10-3.030 020 Utility Relocation Hearings for additional information.&lt;br /&gt;
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A Waiver of Hearing should be obtained for non-reimbursable adjustments to document the commitment of the utility owner to adjust its utility facilities without adversely impacting the highway construction project. This may be accomplished informally via written communications between the district utilities staff and the utility owner’s representative. A [https://epg.modot.org/forms/general_files/DE/WaiverOfHearingForm.docx formal Waiver of Hearing statement] may be requested by either MoDOT or the utility owner. A [https://epg.modot.org/forms/general_files/DE/WaiverOfHearingLetter.docx sample transmittal letter for the Waiver of Hearing] is available. For reimbursable or partially reimbursable adjustments, the formal agreement serves as the basis of documentation of this commitment.&lt;br /&gt;
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==643.2.9 Estimates==&lt;br /&gt;
District utilities staff will negotiate with utility owners to determine reimbursable costs of the necessary adjustments to allow highway construction ([[#643.2.8_Cost_Responsibility|EPG 643.2.8 Cost Responsibility]]). These estimates are prepared in accordance with the provisions of 23 CFR 645 and any amendment thereto. These estimates must reflect the same procedures and costs used by the utility owners in their normal operations and must also accurately represent the expected costs of the work. The utility owner’s estimate will be reviewed by the district utilities staff to ensure compliance with 23 CFR 645.&lt;br /&gt;
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===643.2.9.1 Independent Cost Estimate===&lt;br /&gt;
The independent cost estimate provides the basis for district utilities staff to review the utility owner’s estimate of costs of the necessary utility adjustments to allow highway construction and any subsequent negotiations with the utility owner. The district utilities staff should prepare an independent cost estimate. The independent cost estimate may be based on unit prices of anticipated items of work in a utility adjustment necessary to allow highway construction. The independent cost estimate alternately may be based on recent similar types of utility adjustments necessary to allow highway construction and scaled for size. Consultants can be used to develop the independent cost estimate. All documentation of the independent cost estimate should be placed in MoProjects.&lt;br /&gt;
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===643.2.9.2 Type of Project Cost Estimates===&lt;br /&gt;
Either Actual Cost or Lump Sum estimates may be used for estimating the costs on the necessary utility adjustments to allow highway construction. If an Actual Cost estimate is used, detailed records of materials, labor, and equipment are made by district utilities and/or construction staff during construction, and a final audit of the utility owner’s cost records is made to determine the Commission’s actual responsibility for costs of the adjustment completed to allow highway construction. If a Lump Sum estimate is used, a final audit of costs for an adjustment in payment is not required. The Actual Cost method requires more detailed record keeping and documentation by the utility owner and district staff during construction. The Lump Sum method requires more upfront detail and work by the utility owner and judgment on the district utilities staff on the acceptability of the cost. The district utilities staff will work with the utility owner’s representative to determine the best type of estimate and therefore agreement to use.&lt;br /&gt;
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====643.2.9.2.1 Actual Cost Estimate====&lt;br /&gt;
The cost estimate that supports the actual cost agreement is prepared in sufficient detail to determine the reasonable expected cost of the work to support development of an agreement between the utility owner and the Commission. However, reimbursement is based on the actual costs of design and construction of the necessary adjustment to allow highway construction. The actual cost estimate should detail all costs of the necessary adjustment to allow highway construction, even if the Commission is only responsible for a portion of the costs as detailed in EPG [[#643.2.8.3_Shared_Responsibility|643.2.8.3 Shared Responsibility]].&lt;br /&gt;
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Actual cost estimates can be used for any dollar amount of reimbursement.&lt;br /&gt;
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====643.2.9.2.2 Lump Sum Estimates====&lt;br /&gt;
The cost estimate that supports the lump sum agreement must be accurate, comprehensive, verifiable, and in sufficient detail to present a clear picture of the work involved and the cost of the individual items. The estimate may cover only that portion of the adjustment for which the Commission is responsible for the costs of the necessary utility adjustments to allow highway construction.&lt;br /&gt;
Lump sum estimates are limited to a maximum of $200,000 of Commission responsibility of costs of the necessary utility adjustments to allow highway construction; however, exceptions may be made for special situations that have prior approval from Design Division. These exceptions usually cover major relocations for which the Commission&#039;s proportionate responsibility is extremely small.&lt;br /&gt;
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===643.2.9.3 Utility Cost Estimate Requirements===&lt;br /&gt;
Whether using an Actual Cost or Lump Sum estimate, the following should be included in the estimate, if applicable. If any of the following sections are not included in the estimate, a qualifying statement as to why the costs were not included should be provided.&lt;br /&gt;
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====643.2.9.3.1 Scope of Work====&lt;br /&gt;
All estimates require a concise summary of the work to be performed on the estimate. An example is &amp;quot;an estimate of cost covering the work of relocating Company&#039;s 12-inch Cushing-Woodriver pipeline to accommodate construction of Route 47 in Franklin County on Job No. J6P0172&amp;quot;.&lt;br /&gt;
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====643.2.9.3.2 Engineering Costs====&lt;br /&gt;
Costs of engineering, whether preliminary or construction, must be shown as separate items and are not to be included with &amp;quot;labor costs&amp;quot;. Concurrent cost accounting procedures of FHWA and MoDOT make this a necessity. See [[#643.2.6_Preliminary_Engineering_Requirements|EPG 643.2.6 Preliminary Engineering]] and [[#643.2.16.2_Construction_Contract_Requirements|EPG 643.2.16.2 Construction Contract Requirements]] for further information.&lt;br /&gt;
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====643.2.9.3.3 Right of Way Costs====&lt;br /&gt;
A detailed estimate of the cost to acquire replacement easements by the utility owner is required. The cost should be supported by a right of way plan.&lt;br /&gt;
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====643.2.9.3.4 Material Costs====&lt;br /&gt;
Quantities, description of the item, the unit cost, and the extended totals are shown. Percentage computations will be shown immediately following &amp;quot;total cost&amp;quot; so the utility owner’s and Commission&#039;s cost obligations are properly indicated. Unit assembly costs similar to those used by several of the rural electric association (R.E.A.) cooperatives are acceptable, provided the same units and charges are used in the utility owner’s regular operations. A handling charge conforming with the utility owner’s regular procedures may also be included.&lt;br /&gt;
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====643.2.9.3.5 Labor Costs====&lt;br /&gt;
Hours, individual or crew rates, and extended totals are shown. Payroll additives such as insurance, retirement, social security, vacation, and other benefits are shown as a separate item under this heading in accordance with utility owner’s regular procedures. Adequate explanation must be given for total percentage used, especially in those cases where materials and labor are combined as unit costs or where labor percentages include additives and equipment requirements.&lt;br /&gt;
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====643.2.9.3.6 Equipment Costs====&lt;br /&gt;
A description of the equipment to be used must be shown jointly with the number of hours to be charged. Rates charged for equipment usage must be justified by the utility owner’s established accounting procedures. When the utility owner does not have an established accounting procedure or a capitalization and depreciation schedule that is used in its own operations, the rates are to be established by using rental rate publications as a guide. A reasonable amount will be deducted, when using rental rate schedules, for profit that the rental company realizes. A full explanation of the methods used in establishing the rates must also be submitted to support the utility owner’s request and with approval of the district utilities staff.&lt;br /&gt;
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Equipment may be rented when the utility owner’s equipment is not available or is inadequate, with the rental rate justified by appropriate solicitation of bids. See [[#643.2.16.2_Construction_Contract_Requirements|EPG 643.16.2 Construction Contract Requirements]] for further information.&lt;br /&gt;
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Unusual accounting procedures may be accepted with adequate prior explanations and approval of the Design Division.&lt;br /&gt;
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====643.2.9.3.7 Removal Costs====&lt;br /&gt;
These costs are estimated and shown in a similar method but separately from installation costs. When removal costs exceed salvage credits by more than the estimated cost of removal by the roadway contractor, an effort should be made to persuade the utility owner to abandon the utility facilities in place. An exception is made when the utility owner is required to remove abandoned utility facilities because of liability, hazard, or by specific agreement with the Commission. Abandoned utility facilities can be included with the miscellaneous removals in the roadway contract. It may be possible for the utility owner to remove those portions of the utility facility for which credits will exceed removal costs, with the remainder of the utility facility to be abandoned for removal in the roadway contract. Materials removed must be itemized, with the utility owner’s customary salvage credit given. Items to be scrapped or junked should be indicated. Whenever a utility facility or portion thereof is shown to be abandoned on the plan of adjustment, the roadway plans should be notated accordingly. This eliminates ownership problems if these utility facilities are removed or salvaged by the roadway contractor.&lt;br /&gt;
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When the utility facility is no longer needed and removal is necessary to accommodate the roadway project, the removal of the item may be handled either as a right-of way-item or a utility adjustment. When handled as a right of way item, the damages allowed are to equal the depreciated value of the utility facility, with the necessary removals being accomplished by the roadway contractor. If accomplished as a utility adjustment, the Commission, by utility agreement, will reimburse the utility owner for removal costs and receive salvage credit for the material removed, up to but not exceeding removal costs.&lt;br /&gt;
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====643.2.9.3.8 Salvage of Removed Materials====&lt;br /&gt;
This statement, to explain the salvage credit or lack of credit, will reflect routine utility owner policy as well as the particular situation. The utility owner will place a value on any recovered material for salvage. District utilities staff should check this value for reasonableness. Examples of salvage statements include:&lt;br /&gt;
* Existing utility facilities to be abandoned in place, since the cost of salvaging, based on our past experience, will exceed their value.&lt;br /&gt;
* Only those items will be salvaged for which salvage credit will exceed the cost of removal and salvage.&lt;br /&gt;
* Company liability requires removal of the retired utility facilities, even though the cost of removal will exceed allowable credit for salvage.&lt;br /&gt;
* Salvage credits are in accordance with established company accounting procedures.&lt;br /&gt;
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====643.2.9.3.9 Accrued Depreciation Credits====&lt;br /&gt;
Credit is required for the accrued depreciation of a utility facility that is being replaced. Examples are a building, structure, pumping station, filtration plant, power plant, substation, or other similar operational unit. Credit for accrued depreciation will not be required for a segment of the utility&#039;s service, distribution, or transmission lines. It is also not required when the building or structure is being moved as necessitated by the highway project. Acceptable accrued depreciation credit will be determined by using the following formula:&lt;br /&gt;
&amp;lt;math&amp;gt;\frac{\text{Actual Length of Service of Replaced Facility (Years)}}{\text{Total Estimated Service Life of Replaced Facility (Years)}} x&amp;lt;/math&amp;gt;&amp;lt;span style=&amp;quot;font-family: &#039;Times New Roman&#039;, Times, serif; font-size: 130%;&amp;quot;&amp;gt; Original Cost ($) = Credit ($)&amp;lt;/span&amp;gt;&lt;br /&gt;
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====643.2.9.3.10 Betterment Credits====&lt;br /&gt;
Betterment means the upgrading of the utility facility being relocated, made solely for the benefit of and at the election of the utility owner and is not attributable to the roadway improvement. Credit to the Commission is required for the additional costs incurred for the betterments introduced in the adjusted utility facility. No betterment credit is required for additions or improvements which are:&lt;br /&gt;
* Required by the highway project&lt;br /&gt;
* Replacement devices or materials that are of equivalent standards although not identical&lt;br /&gt;
* Replacement of devices or materials no longer regularly manufactured with next highest grade or size&lt;br /&gt;
* Required by law under governmental and appropriate regulatory commission code&lt;br /&gt;
* Required by current design practices regularly followed by the utility owner in its own work, and there is a direct benefit to the highway project&lt;br /&gt;
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====643.2.9.3.11 Overhead Costs====&lt;br /&gt;
Overhead costs are usually a percentage of the total labor cost. This item must be in accordance with the utility owner’s established accounting procedures, which in some cases may include handling costs or be a percentage of the total cost of the work involved. Additional attention to overhead costs is required when the rate is different from previously accepted rates. Occasionally, it can be difficult to obtain the necessary information at the time of the estimate to approve the overhead rates. In this situation, the estimate can be approved with exception of the overhead rates for payment. The utility owner is informed of this matter with the understanding that the overhead rates could be approved and paid with submission of appropriate supporting data and Financial Services audit review.&lt;br /&gt;
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====643.2.9.3.12 Prorating Costs====&lt;br /&gt;
The need for prorating utility adjustment costs occurs when both the Commission and the utility owner are responsible for a portion of the utility adjustment necessary to allow for highway construction, and the actual costs for reimbursement in each category cannot be explicitly determined. Generally, the following conditions require division of costs:&lt;br /&gt;
* The adjustment is considered partially reimbursable per [[#643.2.8.3_Shared_Responsibility|EPG 643.2.8.3 Shared Responsibility]]&lt;br /&gt;
* Betterments are included in the necessary adjustment of the utility facility&lt;br /&gt;
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The district utilities staff should negotiate with the utility owner’s representative to determine an equitable basis for the prorating of costs based on the characteristics of the utility adjustment necessary to allow for highway construction.&lt;br /&gt;
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====643.2.9.3.13 Costs Records====&lt;br /&gt;
The estimate should include a statement as to where the utility owner’s cost records may be reviewed. An example: &amp;quot;Company cost records will be available in our office at 2134 Industrial Avenue, Tulsa, Oklahoma&amp;quot;.&lt;br /&gt;
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====643.2.9.3.14 Other====&lt;br /&gt;
Additional statements will explain or further clarify the work that is included. Such other items may include bypasses, special equipment, need for larger utility facilities, etc.&lt;br /&gt;
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==643.2.10 Schedule==&lt;br /&gt;
Timely adjustments of utility facilities are essential for efficient completion of highway construction projects. Ideally, all utility adjustments are completed prior to a project’s Plans, Specifications, and Estimate (PS&amp;amp;E) submittal to Central Office. Depending on the specifics of the highway construction and utility adjustment necessary, early completion of the utility adjustment may not be practical. The district utilities staff should negotiate with the utility owner to determine the schedule parameters necessary for the utility adjustment. At a minimum, the utility owner should document the dates it anticipates starting and completing the work. If a utility adjustment depends upon the completion of a portion of the highway construction, the necessary milestone for starting the utility adjustment should be documented along with an anticipated number of working days to complete the utility adjustment. The schedule is included as Exhibit “C” to the agreement.&lt;br /&gt;
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==643.2.11 Pre-Audits==&lt;br /&gt;
The district utility staff performs a pre-audit review and approval prior to preparation of the agreement. A [https://epg.modot.org/forms/general_files/DE/PreAuditChecklist.docx pre-audit checklist] should be completed and saved in MoProjects.&lt;br /&gt;
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==643.2.12 Utility Agreements==&lt;br /&gt;
Whenever the Commission is responsible for the cost of the necessary adjustments to allow highway construction, an agreement is required. If a Master Reimbursable Utility Agreement (see [[#643.2.12.2_Master_Reimbursable_Utility_Agreements|EPG 643.2.12.2]]) has not been executed with the utility owner, a Project Specific Agreement (see [[#643.2.12.3_Project_Specific_Agreements|EPG 643.2.12.3]]) is executed between the utility owner and the Commission. In some cases, it may be more practical for the Commission to include adjustment of utilities into a Commission administered contract. A Utility Agreement - Actual Cost (For Utility Work That is to be Included in the Missouri Highways and Transportation Commission&#039;s Road Project) (see [[#643.2.12.4_Agreement_for_Utility_Work_Included_in_Roadway_Improvement_Project|EPG 643.2.12.4]]). Agreements include a plan of adjustment (Exhibit “A”), cost estimate (Exhibit “B”), and schedule (Exhibit “C”).&lt;br /&gt;
&lt;br /&gt;
The Utility Agreement boilerplate forms have been approved by the Chief Counsel’s Office (CCO). They are identified in the upper left-hand corner of each agreement by an identifier such as CCO Form: UT01 for the Master Reimbursable Utility Agreement. CCO updates these agreements as necessary. They serve as a guide in the preparation of the agreement to be executed with the utility owner for the adjustments required to their utility facilities to accommodate the proposed roadway improvement project. District utilities staff should use the latest version of the agreement found in [https://netprod3.dot.missouri/eAgreements/Search/QuickSearch eAgreements] in drafting an agreement with utility owners. A list of utility agreements and detailed information concerning the sequence for preparing and executing an agreement is available in EPG [[:Category:153_Agreements_and_Contracts|153 Agreements and Contracts]].&lt;br /&gt;
&lt;br /&gt;
These forms are to be used word for word. Revisions or additions are only made to address specific project details. The intent of each paragraph must be retained, although specific words may be revised to fit the particular situation. No paragraphs are deleted without prior approval from CCO. For guidance on acceptance of liability, refer to the [[:Category:153_Agreements_and_Contracts#153.1.1.2_Acceptance_of_Liability_Policy_(MoDOT_Access_Only)|Acceptance of Liability Policy]] at the CCO SharePoint page. Drafts of agreements having major revisions or complications are to be submitted, with supporting data, to Design Division for comment and approval.&lt;br /&gt;
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A reference to 23 CFR 645 is included in all agreements. Utility owners must be acquainted with these requirements and procedures. The incorporation of 23 CFR 645 by reference in all agreements eliminates the need for a second set of regulations to be included in the document.&lt;br /&gt;
&lt;br /&gt;
The agreement for the adjustment of a utility is prepared by the district utilities staff and submitted to the utility owner for execution. The agreement is based on the plan, estimate of cost which was prepared in accordance with 23 CFR 645, and schedule. Authorized individuals representing the utility owner will execute the agreement. The agreement must be signed, sealed, and if necessary, notarized by the utility owner. If the utility owner does not have or use a corporate seal, write &amp;quot;NO SEAL&amp;quot; under the signatures of the owner’s officers. Agreements with political subdivisions are to be supported by an appropriate ordinance, a copy of which is to be submitted with the executed agreements. All copies will be forwarded to the CCO for further handling. A fully executed copy of the agreement will be retained in eAgreements. If the agreement was executed using electronic signatures, the district utilities staff should forward an electronic copy of the fully executed agreement to the utility owner. If the agreement was executed using wet signatures, one (1) paper copy of the fully executed agreement will be returned by the Commission Secretary’s Office to the district utilities staff. The district utilities staff will forward this copy to the utility owner.&lt;br /&gt;
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===643.2.12.1 Buy America Build America Requirements===&lt;br /&gt;
All agreements contain information on Buy America Build America (BABA) compliance. The utility owner should select the method of certification (See [[#643.2.19_Buy_America_Build_America_for_Utilities|EPG 643.2.19]]) at the time of agreement completion. The appropriate paragraph will be inserted into the agreement. All BABA compliance documents must be retained by the utility owner and made available upon request at no cost to the Commission and/or FHWA.&lt;br /&gt;
&lt;br /&gt;
====643.2.12.1.1 Utility Owner Self-Certification====&lt;br /&gt;
The City/Company certifies that when determining products/materials subject to Buy America Build America requirements to use in the performance of this Agreement, it shall use only such products/materials for which it has received a certification from its supplier, or provider of construction services that procures the product/material, certifying compliance with Buy America Build America requirements. This does not include products/materials for which waivers have been granted pursuant to 23 CFR 635.410. The City/Company will not be required to provide the Commission copies of the supplier certification as part of this Agreement or with the final invoice of said Commission’s Federal-Aid Highway Construction Project.&lt;br /&gt;
&lt;br /&gt;
====643.2.12.1.2 Vendor/Manufacturer Certification====&lt;br /&gt;
The City/Company certifies that when determining products/materials subject to Buy America Build America requirements to use in the performance of this Agreement, it shall use only such products/materials for which it has received a certification from its supplier, or provider of construction services that procures the product/material, certifying compliance with Buy America Build America requirements. This does not include products/materials for which waivers have been granted pursuant to 23 CFR 635.410. The City/Company shall provide to the Commission all Buy America compliance documents as outlined in the Commission’s Engineering Policy Guide 643. All required compliance documents shall accompany the final invoice submitted to the Commission.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.2 Master Reimbursable Utility Agreements===&lt;br /&gt;
The UT01: Master Reimbursable Utility Agreement (MRUA) is a statewide agreement that has been executed by the utility owner and the Commission for all future reimbursable utility adjustments between both parties. Once a MRUA is executed, no other utility agreements are required on design-bid-build projects. The district utilities staff should encourage utility owners to enter into a MRUA with the Commission to reduce potential future delays in executing a project specific agreement. A list of previously executed [https://modotgov.sharepoint.com/sites/DE/Utilities/Agreements/MRUA%20-%20Existing?csf=1&amp;amp;web=1&amp;amp;e=4LJHoa Master Reimbursable Utility Agreements (Modot Access Only)] is available. District utilities staff should add newly executed agreements to this list. The MRUA can be employed as either an actual cost ([[#643.2.12.3.1_Actual_Cost_Agreements|EPG 643.2.12.3.1]]) or lump sum ([[#643.2.12.3.2_Lump_Sum_Agreements|EPG 643.2.12.3.2]]) agreement. When the reimbursable adjustment will utilize a MRUA, the district utilities staff will prepare a MRUA correspondence letter (“letter agreement”) referencing the executed MRUA. A copy of the MRUA correspondence letter should be saved in MoProjects for reference by Financial Services, the district construction office, and the district staff responsible for inspection of utility adjustments. All project specific items such as type of agreement (actual cost or lump sum), plan of adjustment, estimated total cost, cost allocation, and schedule are addressed in the MRUA correspondence letter from the district utilities staff to the utility owner. A flowchart of the MRUA process is available.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.3 Project Specific Agreements===&lt;br /&gt;
If a utility owner does not have a MRUA with the Commission, a project specific agreement will be required for every project for which the Commission is responsible for the necessary adjustments to allow highway construction. The project specific agreement will be either an actual cost ([[#643.2.12.3.1_Actual_Cost_Agreements|EPG 643.2.12.3.1]]) or lump sum ([[#643.2.12.3.2_Lump_Sum_Agreements|EPG 643.2.12.3.2]]) agreement.&lt;br /&gt;
&lt;br /&gt;
====643.2.12.3.1 Actual Cost Agreements====&lt;br /&gt;
The UT03: Utility Agreement – Actual Cost is used when detailed estimates are not practical or costs appear to be questionable. Details on actual cost estimates can be found at [[#643.2.12.3.1_Actual_Cost_Agreements|EPG 643.2.9.2.1 Actual Cost Estimates]]. Once the final invoice on a UT03 is submitted to Financial Services, district utilities staff should change the status on the agreement in eAgreements to completed.&lt;br /&gt;
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====643.2.12.3.2 Lump Sum Agreements====&lt;br /&gt;
The UT02: Utility Agreement – Lump Sum eliminates the need for keeping detailed records of cost and the auditing of cost records. Estimates of cost must be prepared in detail for use of this agreement. When detailed estimates are not practical or costs appear unreasonable, actual cost agreements are to be used. Use of special forms of agreements, such as &amp;quot;subordination agreements&amp;quot;, which are desired by certain utility owners, is acceptable. These, too, must be revised to cover the particular situation. Details on lump sum estimates can be found at [[#643.2.9.2.2_Lump_Sum_Estimates|EPG 643.2.9.2.2 Lump Sum Estimates]]. Once the final invoice on a UT02 is submitted to Financial Services, district utilities staff should change the status on the agreement in eAgreements to “completed”.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.4 Agreement for Utility Work Included in Roadway Improvement Project===&lt;br /&gt;
The UT04: Utility Agreement - Actual Cost (For Utility Work That is to be Included in the Missouri Highways and Transportation Commission&#039;s Road Project) allows for the adjustment to be based on actual cost with the roadway contractor performing the utility work. Caution should be exercised in the type of utilities to be relocated in roadway contracts. Utilities recommended are waterlines and sewer lines. Other utilities, such as gas lines, communication lines, and power lines are to be studied thoroughly before being included in the project.&lt;br /&gt;
&lt;br /&gt;
The Transportation Project Manager and district utilities staff must plan ahead to get this work in the roadway contract. The utility owner must agree to include the utility adjustment in the roadway contract. The adjustment may be on highway right of way or on private easement in the name of the utility owner. The utility owner can agree to allow MoDOT’s contractor to work in its easement. However, district utilities staff in consultation with district right of way staff should review the easement documentation to verify the utility owner’s rights to the easement and any limitations on its use. MoDOT’s contractor can work and operate on both Commission right of way and on the utility easement, even when not directly connected to the Commission right of way, as part of the job site. Temporary construction easements may be necessary in addition to the utility easement to ensure adequate working room for the contractor.&lt;br /&gt;
&lt;br /&gt;
:The utility owner may request exemption to any liability for negligence of our contractor working on their easement. The Commission can assume that liability (refer to [[:Category:153_Agreements_and_Contracts#153.1.1.2_Acceptance_of_Liability_Policy_(MoDOT_Access_Only)|Acceptance of Liability Policy]]), but it should be included in the utility agreement if so desired by the utility owner. A Job Special Provision is necessary to require the MoDOT contractor to hold the utility harmless from all claims due to contractor negligence.&lt;br /&gt;
&lt;br /&gt;
Subsurface information, i.e. boring data, etc., should be obtained by the utility owner since it may be needed for the design of the utility adjustment. This information should be included in the plans. If the utility owner must bear all or part of the cost of the adjustment, the utility owner must agree to pay a pre-deposit to the Commission prior to opening bids on the project. This should be in the utility agreement. The pre-deposit will be credited to the &amp;quot;Missouri Highway and Transportation Commission - Local Fund.&amp;quot; Any interest earned in the fund will apply to the cost of the adjustments. The utility agreement will include language that the utility will inspect the installation and assume maintenance of the utility facility after construction. MoDOT will also provide engineering supervision to be sure the road contractor is in compliance with the contract. Utility plans and specifications are to be approved by the owner prior to submittal to the Central Office. The following items will provide minimum information to allow MoDOT’s contractor to bid the work.&lt;br /&gt;
# Individual bid items (not &amp;quot;lump sum&amp;quot;) should be established to promote better bidding and to handle overruns and underruns. Bid items not included on the Computer Stored Bid Item list should be &amp;quot;99&amp;quot; numbers.&lt;br /&gt;
# he bid package must be in our letting format. If the package was prepared by a consultant as if the utility owner were going to let it, all bid bond or bidding procedures must be screened to remove requirements contrary to MoDOT letting requirements. District utilities staff should work with the Transportation Project Manager, Design Liaison Engineer, and Central Office Bidding and Contract Services to ensure this requirement is met.&lt;br /&gt;
# The specifications required by the utility owner should be reviewed for items that could cause a bid problem for our contractor. Items such as non-readily available materials or sizes should be avoided.&lt;br /&gt;
# Utility plan sheets should be .pdf files equivalent to 22 in. x 34 in. It is helpful to have a quantity sheet specifically for utility items.&lt;br /&gt;
# Any special procedures required for the utility installation should be included in the Job Special Provisions.&lt;br /&gt;
# The utility package should be submitted on-time to Central Office with other project plans.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.5 Agreement for a Utility Only Project===&lt;br /&gt;
Any of the above agreements can be modified for a utility only project separate from the roadway project. The utility only project may be done by forces hired by the utility owner or by the Commission. A separate utility only project has distinct advantages when the following occurs:&lt;br /&gt;
* The utility work is extensive&lt;br /&gt;
* It must be performed in accordance with the utility owner’s seasonal requirements&lt;br /&gt;
* It extends beyond the limits of the construction project&lt;br /&gt;
* It must be performed considerably in advance of the roadway contract&lt;br /&gt;
&lt;br /&gt;
Necessary environmental and design work is still required for the limits of the separate utility only project. It may be necessary in these cases to have a second agreement with the utility owner to cover any other work that must be performed concurrently with the roadway contract. These latter agreements will use the roadway construction job number. Early need for utility projects is to be determined at the time when the STIP is updated each year. The utility construction funds will be shown in the year right of way funds are assigned. This will be done whenever possible to secure early adjustment of utility facilities. A request by the district is sent to the Planning Division. Estimated dollar amounts for utility adjustments are needed. These are estimates and do not need to be extremely accurate. When a special utility project is established, it is preferred, if at all possible, to include all the utility adjustments necessary for the entire roadway project. If funds are available, additional agreements can be added to this utility project until the final invoice for the first completed agreement is received for payment.&lt;br /&gt;
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===643.2.12.6 Supplemental Agreements===&lt;br /&gt;
For utility owners with a UT01 agreement, a supplemental letter agreement documenting the change in the scope or cost of the work is acceptable.&lt;br /&gt;
&lt;br /&gt;
The UT05: First Supplemental Agreement is used to document changes to UT02 and UT03 agreements. If changes to the scope of work occur that are anticipated to exceed $100,000 or 15% of the original agreement, a UT05 is required. If the final invoice on an actual cost adjustment without changes in the scope of work exceeds the limits shown in the table below, a UT05 is required.&lt;br /&gt;
&lt;br /&gt;
{| class=&amp;quot;wikitable&amp;quot; style=&amp;quot;margin-left: 25px; text-align:center&amp;quot;&lt;br /&gt;
! Amount in Original Actual Agreement !! Final Bill Total Exceeds Original Amount by:&lt;br /&gt;
|-&lt;br /&gt;
| 0-$25,000 || 50%&lt;br /&gt;
|-&lt;br /&gt;
| $25,000-$100,000 || 40%&lt;br /&gt;
|-	&lt;br /&gt;
| Exceeds $100,000 || 30%&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
Should multiple UT05s be required with the same utility owner, the UT05 should be modified for additional supplemental agreements. Once the final invoice on an UT05 is submitted to Financial Services, district utilities staff should change the status on the agreement in eAgreements to “completed”.&lt;br /&gt;
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==643.2.13 Utility Adjustments in Roadway Plans and Job Special Provisions (JSPs)==&lt;br /&gt;
It is the responsibility of the MoDOT Transportation Project Manager (TPM) to ensure utility plans of adjustment are shown on the project plans at the Plan, Specification, and Estimate (PS&amp;amp;E) stage based upon information coordinated by the district utilities staff with the appropriate utility owner.&lt;br /&gt;
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===643.2.13.1 Plans===&lt;br /&gt;
A legend showing all applicable utility symbols and the names of the utility owners is shown on the first special utility sheet. In the absence of special utility sheets, this information may be shown on the title sheet or the first plan and profile sheet. The following note is required to be placed on the title sheet or the first plan and profile sheet and the first special utility sheet (if used) to inform contractors of the suitability of the utility information contained on the plans.&lt;br /&gt;
&lt;br /&gt;
&amp;quot;The existence and approximate location of utility facilities known to exist, as shown on the plans, are based on the best information available to the Commission at this time. This information is provided by the Commission &amp;quot;as-is&amp;quot; and the Commission expressly disclaims any representation or warranty as to the completeness, accuracy, or suitability of the information for any use. Reliance upon this information is done at the risk and peril of the user, and the Commission shall not be liable for any damages that may arise from any error in the information&amp;quot;.&lt;br /&gt;
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===643.2.13.2 Job Special Provisions===&lt;br /&gt;
Since the addition of utility information on the plans, supplied by a third party, could subject the Missouri Highway and Transportation Commission to additional liability, a Utility JSP reflecting the status of utility adjustments will be required. The JSP will include the name, address, e-mail address, and telephone number of all utility owner representatives for all utility facilities located on the project. The anticipated adjustment completion date for each utility adjustment is also to be shown based on the agreed upon dates, durations, or completion dates with the utility owner’s representative. This information will inform the bidder of the status of utilities for proper work coordination that could affect the bids for the proposed highway construction project. Status notations will include general notations such as: “N/A”, “Work is in progress”, “Work has not started”, “Work is complete”, and “Work is included in contract.”&lt;br /&gt;
&lt;br /&gt;
===643.2.13.3 PS&amp;amp;E Submittal===&lt;br /&gt;
In the District Final Plans Submittal Checklist (D-12), the TPM should note any issues related to existing utility facilities or the adjustment of utility facilities either shown or not shown on the plans. Projects with “No Utility Impacts” such as some overlays, striping, bridge washing, etc. do not need a Utility Status Letter or Utility JSP. The D-12 is used for these projects. In the D-12, under Project Details – “Utilities”, the note “NO” is selected and under “Status”, select “Clear”. For all other projects, the district utilities staff will write a Utility Status Letter. The TPM will include the Utility Status Letter with the submittal of the final plans to the Design Division. The Utility Status will be defined as:&lt;br /&gt;
# Utility facilities are present, but no conflict is anticipated with the highway construction project. Or,&lt;br /&gt;
# All utility facilities requiring adjustment to allow highway construction have been physically adjusted on the project. Or,&lt;br /&gt;
# Utility construction work is planned or active and will be completed to such a point that no impact will be expected to the highway construction project. The status of this work is defined in the utility JSP. Or,&lt;br /&gt;
# Utility facilities are not expected to be adjusted by the notice to proceed date for the road project, but the utility work will have no impact on the progress of the highway construction project. The status of this work is defined in the utility JSP. Or,&lt;br /&gt;
# Utility facilities must be adjusted after the road contractor completes stage construction or in coordination with the contractors’ work. Details of the coordination effort required of the contractor are defined in the utility JSP to properly advise bidders. Or,&lt;br /&gt;
&lt;br /&gt;
# Utility adjustment plans and specifications are included in the bid documents for the highway construction project. A UT04 agreement must be executed.&lt;br /&gt;
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==643.2.14 Payment to Utility Companies for Reimbursable Work==&lt;br /&gt;
Authorization and federal funding obligation must be approved prior to incurring costs. This applies to all types of work on utility facilities including preliminary engineering. An obligation is a commitment by the federal government to reimburse MoDOT for the federal share of a project’s eligible cost.&lt;br /&gt;
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===643.2.14.1 Obligation Process===&lt;br /&gt;
Federal funding can be used with both lump sum and actual cost agreements. After the utility agreement is fully executed, the district utilities staff will email a copy of the utility agreement or the letter agreement referencing the MRUA to the email group OBLIGATE. This email should request the authorization authority for use of federal funds and to be informed of a Notice to Proceed (NTP) (see [[#643.2.15_Notice_to_Proceed|EPG 643.2.15]]) date by Financial Services once federal funding has been obligated. District utilities staff should allow three (3) weeks to receive the NTP. Financial Services will use Advance Construction (AC) funding to fund reimbursement to utility owners. With AC funding, state funds initially are used to pay for reimbursement to utility owners. Once construction is complete, with appropriate documentation of the work via the [https://epg.modot.org/forms/general_files/DE/C-9.docx C-9] and [https://epg.modot.org/forms/general_files/DE/C-13.docx C-13], Financial Services will convert to federal funding.&lt;br /&gt;
&lt;br /&gt;
===643.2.14.2 Preliminary Engineering===&lt;br /&gt;
On occasion, preliminary engineering (PE) may need to be undertaken by the utility owner prior to the execution of a utility agreement. If a utility owner has a MRUA, an estimate of the cost of the PE work by the utility owner may be used to obligate funding for preliminary engineering under the MRUA as a PE only letter agreement. If a lump sum or actual cost agreement will be required with the utility owner for the project, district utilities staff should do two (2) agreements with one agreement covering PE only, and once a design for the adjustment is obtained, a second agreement for the construction of the adjustment should be executed. If a separate PE only agreement is obtained, NTP will need to be issued twice to the utility owner: once for PE and once for construction.&lt;br /&gt;
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===643.2.14.3 Right of Way===&lt;br /&gt;
Once Notice to Proceed has been given, the utility owner may begin the right of way acquisition process. If the utility owner needs to acquire right of way prior to a full agreement for relocation has been negotiated, the agreement specifically for the acquisition of right of way should be executed. This agreement will be sent to Financial Services to begin the obligation process.&lt;br /&gt;
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===643.2.14.4 Construction===&lt;br /&gt;
Payment to utility owners for construction of the adjustment may occur in a number of phases.&lt;br /&gt;
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====643.2.14.4.1 Prepayment====&lt;br /&gt;
Per the utility agreement, the Commission allows utility owners to be prepaid prior to commencing work. The district utilities staff may negotiate the prepayment if the utility owner is receptive. The utility owner will submit a request for prepayment with an invoice prior to any prepayment. Route, county, and job number must be included in the request. The district utilities staff will submit a request to Financial Services with a copy saved in MoProjects for future reference by the district staff responsible for inspection of the utility adjustment.&lt;br /&gt;
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====643.2.14.4.2 Progress Payments====&lt;br /&gt;
If a utility owner has not been prepaid the entire estimated amount in the utility agreement, then the utility owner may request progress payments after completing a portion of the proposed work, including PE.&lt;br /&gt;
&lt;br /&gt;
Progress payments for PE by consultants should not exceed the &amp;quot;maximum not to exceed amount&amp;quot; shown in the cost estimate unless additional costs are approved first by district utilities staff.&lt;br /&gt;
&lt;br /&gt;
For progress payments, the utility owner is required to submit only a summary of work and materials for which payment is claimed, not a detailed billing. District utilities staff should check only to be sure that sufficient work has been done to justify making the requested payment. Payment should be made for allowable costs incurred up to the date of the progress payment request.&lt;br /&gt;
&lt;br /&gt;
Progress payment invoices do not relieve the utility owner of the responsibility of submitting one complete and final invoice upon completion of the adjustment. The utility owner’s address must be shown on the invoice. The district utilities staff should submit progress payment invoices and applicable C-9s to Financial Services within one (1) week of receipt of invoice.&lt;br /&gt;
&lt;br /&gt;
One copy of the progress payment and one copy of the district utilities staff letter of recommendation must be sent to Financial Services for payment and be stored in MoProjects. The cover memo should include the project number, route, county, actual cost or lump sum utility agreement, Commission obligation percentage, total cost estimate of Commission obligation, and indicate the progress payment number, i.e., progress payment number 1, 2, 3, etc. If more than one progress payment is requested by the utility company, the district should submit progress payment bills to Financial Services in the following format:&lt;br /&gt;
{| class=&amp;quot;wikitable&amp;quot; style=&amp;quot;margin-left: 25px; text-align:center&amp;quot;&lt;br /&gt;
! Payment !! Amount&lt;br /&gt;
|-&lt;br /&gt;
| Progress Payment #1 || $50,000&lt;br /&gt;
|-&lt;br /&gt;
| Progress Payment #2 || 10,000&lt;br /&gt;
|-	&lt;br /&gt;
| Total Payment to Date || $60,000&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
This format will help clarify payment history with the utility owner. Progress payments for actual cost utility agreements may not exceed the Commission&#039;s total estimated cost shown in the agreement. However, if the request for a progress payment exceeds the original estimate, a change order with explanation should accompany the request. (See EPG 641.2.16.5 Change Orders.)&lt;br /&gt;
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====643.2.14.4.3 Final Payment====&lt;br /&gt;
Utility owners are required to submit a detailed final invoice to MoDOT for all actual cost reimbursable utility work and for any lump sum reimbursable utility work that was not prepaid. For prepaid lump agreements, the utility owner must submit a zero-dollar ($0) invoice to demonstrate the work has been completed. After the utility work has been fully completed, the district utilities staff responsible for inspection should send the utility owner a “60 Day” Final Acceptance Letter requesting a complete final invoice within 60 days, as detailed in the utility agreement. If the final invoice is not received from the utility owner within 30 days, then a follow up letter should be sent (i.e., “30 Day” Reminder Final Invoice Letter) reminding the utility owner of its obligation to submit a final invoice within 60 days of the completed work. If a final invoice from the utility owner is not received within this timeframe, then the district utilities staff should contact the Design Liaison Engineer for guidance on how to close out the work.&lt;br /&gt;
&lt;br /&gt;
The district utilities staff is expected to check the final bill within two (2) weeks after receipt in as much detail as possible against the C-9. It is their responsibility to verify from field records the quantities of labor, equipment, material used, material retired, and to justify all changes made. If the utility owner’s contractor made the adjustment at unit cost prices, then it is the district utility staff’s responsibility to verify the number of units completed and not the hours of labor and equipment. It is also important for the utility owner to show the words “final bill” or “final invoice” on the last bill, in order for MoDOT to understand that no additional charges will be made on the adjustment. The final bill must show a general description of the utility adjustment, the highway project number, the date on which work was completed or last item of billed expense was incurred, and the location where records can be audited. The order of items in the final statement should follow as closely as possible the order of items in the original estimate. A summary, on the utility owner’s letterhead, of the total cost of preliminary engineering, construction engineering, right of way, labor, overhead, construction travel expense, transportation, equipment, materials, supply, handling, and salvage credits should be shown in a way that will permit direct comparison with the approved estimate from the original or supplemental agreements (see EPG 643.2.12.6).&lt;br /&gt;
&lt;br /&gt;
If the Actual Cost final invoice shows a much higher cost than the original estimate without scope change, the utility owner is required to give reasons in a letter to the district utilities staff explaining why the invoice cost increased. When the Actual Cost final invoice exceeds the amount shown in the table in EPG 643.2.12.6, a supplemental agreement is required.&lt;br /&gt;
&lt;br /&gt;
When the district utilities staff has determined that the final invoice is accurate, the C-13 should be completed. Once the C-13 is completed, the C-13 and the final invoice from the utility owner are forward to Financial Services. For Actual Cost agreements, the C-9s should also be included in this transmittal. If no additional payments are required, the district utilities staff should note this in the transmittal as well. If the final invoice indicates previous payments to a utility owner exceeded the final invoice, the utility owner will need to send MoDOT a check for the overpayment amount. The check should be made payable to Director of Revenue – Credit State Road Fund. If the utility owner did not send MoDOT an overpayment check with the final invoice, district utilities staff should send a letter to the utility owner requesting the refund amount. Submittal of the final invoice to Financial Services should not occur until repayment has been received. The submittal to Financial Services should note the receipt of the repayment check.&lt;br /&gt;
&lt;br /&gt;
==643.2.15 Notice to Proceed==&lt;br /&gt;
For PE only, once an agreement has been executed, and Financial Services has advised that authorization from FHWA has been received, district utilities staff will issue a notice to proceed (NTP) letter to the utility owner for the PE. For agreements that include PE and construction or once a final agreement for construction has been executed, right of way clearance has been issued, and Financial Services has advised that authorization from FHWA has been received, the district utilities staff will issue NTP to the utility owner for construction. See Example of Notice to Proceed Letter. If salvage credit is part of the agreement with the utility owner, the NTP letter should include a statement that the utility owner will need to inform district utilities staff of the time and place that inspection may be made of the removed material. The utility owner may be held accountable for full value of materials disposed without proper notice. Utility owners may purchase materials prior to NTP for construction; however, no other work on the adjustment necessary to allow highway construction may begin prior to NTP for construction. The utility owner, for reasons of planning their workload or due to seasonal situations, may request early authorization to perform the work. This request, with the district utilities staff recommendations, is sent to the Design Liaison Engineer for further handling, approval, and advancement of the necessary funds. A copy of the NTP should be saved in MoProjects. If a utility owner begins adjustments prior to NTP for construction, district utilities staff should notify the utility owner immediately in writing that reimbursement will not be made for work done prior to NTP for construction.&lt;br /&gt;
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==643.2.16 Construction of Utility Adjustments==&lt;br /&gt;
===643.2.16.1 Utility Owner Self-Perform===&lt;br /&gt;
As per 23 CFR 645.115 Construction, it may be cost-effective for certain utility adjustments to be performed by a utility owner with its own internal forces and equipment, provided the utility owner is qualified to perform the work in a satisfactory manner. This cost-effectiveness finding covers minor work on the utility owner’s existing utility facilities routinely performed by the utility owner with its own forces.&lt;br /&gt;
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===643.2.16.2 Construction Contract Requirements===&lt;br /&gt;
When the utility owner is not adequately staffed and equipped to perform such work with its own forces and equipment at a time convenient to coordination with the associated highway construction, such work may be done one of four ways for utility adjustments:&lt;br /&gt;
# MoDOT can provide the construction services, via awarded contract to the lowest qualified bidder based on appropriate solicitation. This can be done by including the adjustment work in the roadway improvement project (EPG 643.2.12.4 Utility Agreement for Utility Work Included in Roadway Improvement Project) or by having a utility only project (EPG 643.2.12.5 Utility Only Project).&lt;br /&gt;
# The utility owner can award a construction contract to the lowest qualified bidder based on appropriate solicitation.&lt;br /&gt;
# The utility owner can utilize an existing continuing contract, provided the costs are reasonable (see EPG 643.2.9.1 Independent Cost Estimate).&lt;br /&gt;
# The utility owner can contract for low-cost incidental work, such as tree trimming and the like, without competitive bidding, provided the costs are reasonable (see EPG 643.2.9.1 Independent Cost Estimate).&lt;br /&gt;
&lt;br /&gt;
When a utility owner chooses option 2 to award its own new construction contract, the utility owner must provide the following documents and information to the district utilities staff. These documents need to be provided as soon as the utility owner has chosen to pursue a construction contract. Document 1 must be supplied by all utility owners. Documents 2 and 3 are only required when the utility owner is a local government agency who is also a political subdivision of the state of Missouri (e.g., city-owned utilities, county-owned utilities). All other utility owners are encouraged, but not required, to provide Documents 2 and 3.&lt;br /&gt;
# A statement that the utility owner is not staffed or able to perform the required construction activities with its own forces.&lt;br /&gt;
# A copy of the request for proposal used to secure bids.&lt;br /&gt;
# A list of a minimum of 3 bidders whom they believe can do the work. &#039;&#039;&#039;Political subdivisions are required to advertise for the work&#039;&#039;&#039;.&lt;br /&gt;
# Upon review of these documents, the district utilities staff will advise the utility owner to proceed with the solicitation of bids, but the utility owner will not be permitted to award the contract without the concurrence of district utilities staff. For lump sum agreements, approval of contract work and subcontract work is not required.&lt;br /&gt;
&lt;br /&gt;
The following documents need to be provided as soon as the utility owner has determined the lowest qualified contractor and would like to award the project. Document 1 must be supplied by all utility owners. Document 2 is only required when the utility owner is a local government agency who is also a political subdivision of the state of Missouri (e.g., city-owned utilities, county-owned utilities). All other utility owners are encouraged, but not required, to provide Document 2.&lt;br /&gt;
# The name address of the lowest qualified contractor.&lt;br /&gt;
# The tabulation of bids received and other information to support their recommendation for award to the lowest qualified bidder.&lt;br /&gt;
&lt;br /&gt;
The district utilities staff will review and approve the utility owner&#039;s bid information prior to the award of the contract. The Design Liaison Engineer is available to assist the district with review of bid information if necessary. Once the district utilities staff provides concurrence, the utility owner may proceed with awarding the contract. When the utility owner is a local government agency who is also a political subdivision of the state of Missouri (e.g., city-owned utilities, county-owned utilities), a copy of the executed contract must be shared with the district utilities staff. All other utility owners are encouraged, but not required, to provide a copy of the executed contract.&lt;br /&gt;
&lt;br /&gt;
A checklist is available for reviewing contracts to ensure the contract conforms to MoDOT policy and complies with applicable federal regulations.&lt;br /&gt;
&lt;br /&gt;
When a utility owner chooses to utilize a an existing continuing contract, the utility owner will submit a copy of the contract to the district utilities staff. The district utilities staff will review the contract for reasonableness of cost. If district utilities staff and the utility owner’s representative cannot agree on the reasonableness of cost, then the utility owner will be required to award a new construction contract.&lt;br /&gt;
&lt;br /&gt;
===643.2.16.3 Inspection===&lt;br /&gt;
The degree of inspection needed for utility adjustments will vary considerably with the nature and location of the work and whether the Commission is responsible for any portion of the cost of reimbursement. Judgment must be used regarding the manner and regularity of inspection duties. Some phases of the work require a very close check to ensure that the highway will not be adversely affected and to ensure satisfactory performance of work in accordance with the agreement and plans. The degree of inspection may vary from spot checking of overhead installations to continuous close observation of backfilling trenches beneath proposed pavement, embankment area, or adjacent to bridge abutments. Proper inspection can ensure that the utility adjustment is completed as efficiently as possible to minimize future impacts to the utility facility and the highway construction project. A [https://epg.modot.org/forms/general_files/DE/UtilityFieldInspectionChecklist.docx Field Inspection Checklist] to assist district utilities staff responsible for inspection is available.&lt;br /&gt;
&lt;br /&gt;
If it is found that any actual cost reimbursable utility adjustment is being performed by unapproved contractors, district utilities staff should direct the work to stop. The utility owner’s representative should be informed immediately and should be advised in writing that the costs incurred by an unapproved contractor are not eligible for reimbursement under provisions of the agreement. The district utilities staff can take appropriate steps to approve a subcontract and advise when the utility owner can recommence work.&lt;br /&gt;
&lt;br /&gt;
===643.2.16.4 Documentation===&lt;br /&gt;
All documents related to the construction of the utility adjustment necessary to allow highway construction should be stored in MoProjects.&lt;br /&gt;
&lt;br /&gt;
Construction records must be kept to confirm that work is done in accordance with the terms of the agreement and in the manner proposed in the plans. The importance of a complete and accurate record cannot be overemphasized. Detailed records are necessary to support the recommendation for payment of the final invoice. A complete, separate daily record must be kept on each actual cost adjustment and submitted for review when the final invoice is recommended for payment. This district utilities staff responsible for inspection should complete the Daily Utility Report (C-9).&lt;br /&gt;
&lt;br /&gt;
====643.2.16.4.1 Utility Reports====&lt;br /&gt;
The Daily Utility Report ([https://epg.modot.org/forms/general_files/DE/C-9.docx Form C-9]) and the Final Utility Report ([https://epg.modot.org/forms/general_files/DE/C-13.docx Form C-13]) are used for documenting utility adjustments necessary to allow highway construction. The use of C-9s and C-13s will vary with method of reimbursement. For utility adjustments necessary to allow highway construction that overlap with the highway contractor’s work, progress records should be kept as necessary to coordinate the highway and utility construction activities. Sufficient records must be maintained to check and verify the items of labor, equipment, materials, and salvaged items as submitted on the final invoice.&lt;br /&gt;
&lt;br /&gt;
=====643.2.16.4.1.1 Daily Utility Report (C-9)=====&lt;br /&gt;
C-9s are only required for actual cost agreements. The district utilities staff responsible for inspection must in all cases keep records to document inclement weather, down time, and verbal authorization for minor changes. The district utilities staff responsible for inspection must complete a C-9 documenting the number and classification of employees and number of hours worked. Records of material used and of retired materials returned to stock or scrapped must be kept. The utility owner’s major items of equipment must also be recorded. When work is done by the contract method based on unit prices, the district utilities staff responsible for inspection should ascertain that units of work as provided in the bid proposal are measured and recorded to form a basis for checking the final invoice. C-9s should list the location and the number of units of work accomplished for that period. If contract labor or equipment is used by a utility owner on the basis of a bid per hour, per day, etc., it will be necessary to keep records on this labor or equipment time in the same manner as if the utility owner were performing the work with its own internal forces. District utilities staff responsible for inspection should also note all contractors working for the utility owner and the contractor approval authorization dates given in the agreement.&lt;br /&gt;
&lt;br /&gt;
=====643.2.16.4.1.2 Final Utility Report (C-13)=====&lt;br /&gt;
C-13s summarize that the utility adjustment work that was done in accordance with the agreement and plans, the percentage of total cost that is the responsibility of the Commission, and any progress payments that have been made. A C-13 is required for both actual cost and lump sum agreements. The requested numbers shown on line 9 (Commission Estimated Cost) and line 10 (Amount of Final Bill) in the report are the Commission’s total responsibility.&lt;br /&gt;
&lt;br /&gt;
====643.2.16.4.2 Breakdown and Emergency====&lt;br /&gt;
When breakdown and emergency situations occur, prior approval by MoDOT is not required for contract or equipment rental work unless the cost or period of time will be extensive. The utility owner should furnish a letter as soon as possible to explain the situation and set out the estimated costs involved. The district utilities staff’s records should substantiate the need and the changes for personnel and equipment.&lt;br /&gt;
&lt;br /&gt;
====643.2.16.4.3 Stop Work====&lt;br /&gt;
If at any point, a stop work order is given by MoDOT to a utility owner, written documentation of the stop work order should be saved in MoProjects.&lt;br /&gt;
&lt;br /&gt;
===643.2.16.5 Change Orders===&lt;br /&gt;
Any change in the plan of adjustment should be documented in writing to the utility owner as a change order. If the change order is anticipated to exceed $100,000 or 15% of the original agreement amount, district utilities staff should negotiate a supplemental agreement with the utility owner’s representative. Once a supplemental agreement is in place, district utilities staff should contact Financial Services to obtain an adjustment of the obligation mid-project. Change orders without supplemental agreements will be settled once the project is complete.&lt;br /&gt;
&lt;br /&gt;
====643.2.16.5.1 Actual Cost Agreement====&lt;br /&gt;
Slight modifications in quantities or the addition of minor items not included with the original agreement do not require a supplemental agreement. However, such changes should be documented in writing with the utility owner. A supplemental agreement is needed if costs exceed the above threshold or if there is a change in the percentage of cost that is the Commission’s responsibility on an agreement with shared responsibility for costs. Intermediate partial payments cannot be made on items in a supplemental agreement until the supplemental agreement is approved.&lt;br /&gt;
&lt;br /&gt;
====643.2.16.5.2 Lump Sum Agreement====&lt;br /&gt;
A supplemental agreement to a Lump Sum Agreement is only required for significant changes in the scope of work of the utility adjustment necessary to allow highway construction. Normal overruns are not considered as changes in approved work and will not be reimbursed. Significant changes in the scope of work on utility adjustments necessary to allow highway construction cannot be done until the supplemental agreement is approved, and the adjustment in obligation of funds is complete.&lt;br /&gt;
&lt;br /&gt;
==643.2.17 Utilities during Highway Construction==&lt;br /&gt;
The contractor is responsible for having utilities located by contacting Missouri One-Call (811) prior to any excavation on the project. A reminder of this responsibility should be made at the preconstruction meeting.&lt;br /&gt;
&lt;br /&gt;
===643.2.17.1 Preconstruction Meeting (Pre-Con)===&lt;br /&gt;
District utilities staff should be invited to all pre-cons.&lt;br /&gt;
&lt;br /&gt;
Pre-cons fall into three categories relating to utilities:&lt;br /&gt;
# No utility adjustments are anticipated within the project limits,&lt;br /&gt;
# All utility adjustments completed prior to the pre-con, and&lt;br /&gt;
# All utility adjustments not completed prior to the pre-con.&lt;br /&gt;
&lt;br /&gt;
====643.2.17.1.1 No Utility Adjustments Anticipated within the Project Limits====&lt;br /&gt;
For projects without a Utility Job Special Provision (JSP), no involvement of the utility owners is required at the pre-con. For projects with a Utility JSP, the Resident Engineer (RE) should invite all utility owner representatives listed in the JSP with known required adjustment to the pre-con. The RE should review potential impacts of the highway construction project with the contractor and the utility owner.&lt;br /&gt;
&lt;br /&gt;
====643.2.17.1.2 All Utility Adjustments Completed Prior to the Pre-Con====&lt;br /&gt;
The RE should invite all utility owner representatives listed in the JSP with known required adjustment to the pre-con. The RE should review potential impacts of the highway construction project with the contractor and the utility owner. A general discussion should highlight the previous adjustments made by the utility owner and what abandoned utility facilities the contractor may encounter.&lt;br /&gt;
&lt;br /&gt;
====643.2.17.1.3 All Utility Adjustments Not Completed Prior to the Pre-Con====&lt;br /&gt;
It is important for the RE and inspector to understand the utility owner’s work schedule and how it relates to the contractor’s work schedule. During the pre-con, the schedule of the utility owner and highway construction contractor should be discussed, and conflicts should be addressed to allow utility adjustments and highway construction to progress as near to the proposed schedule as possible. On large-scale projects that have many utility issues to address that could impact the work of the highway construction contractor, it may be necessary to have a separate pre-con with utility owner representatives.&lt;br /&gt;
&lt;br /&gt;
===643.2.17.2 Coordination Meetings===&lt;br /&gt;
When the utility work will not be completed soon after the preconstruction meeting, the RE should meet with district utilities staff, the highway construction contractor, and the utility owner representatives on a regular basis to discuss utility coordination issues, so expectations from all parties are known and conveyed clearly. The utility owner may need some work performed by MoDOT or the highway construction contractor prior to completing their adjustments. (Examples include: survey staking of right of way or proposed facilities, trees cleared, grading performed, or new structures built).&lt;br /&gt;
&lt;br /&gt;
==643.2.18 Service Drops==&lt;br /&gt;
Power and communication services provided by utility owners are necessary for the operation of the highway system. These services may include power to traffic signals, lighting, or ITS devices; power for cathodic protection; or telecommunication services to signal controllers or ITS devices. The project design teams should work with district utilities staff to identify proper locations for the applicable utility owners to provide these services. Various utility owners have different requirements for this process. The district utilities staff is encouraged to develop a workable relationship with the utility owners who provide these services to MoDOT. The costs of installing the services charged by the utility owner are considered a non-contractual item and should be accounted for in the project’s budget in the STIP. The proposed location and method for the service drops should be shown on the roadway plans. District utilities staff should meet with the utility owner’s representative to ensure the proposed location can be accommodated by the utility owner. For electrical service connections, the power supply assembly is ideally located a maximum of ten feet (10’) from the source location. Plans submitted for PS&amp;amp;E should reflect the agreed upon location for all service connections. During construction, district utilities staff and district construction staff should work together to ensure the placement of the services is consistent with the project plans. Payment for the service drops should be invoiced by the utility owner to the district. District utilities staff is responsible for submission of the invoice directly to Financial Services for payment noting the non-contractual charges for the project.&lt;br /&gt;
&lt;br /&gt;
==643.2.19 Buy America Build America for Utilities==&lt;br /&gt;
FHWA’s Buy America Build America (BABA) policies require a domestic manufacturing process for all steel or iron products, other construction materials, and manufactured products that are permanently incorporated into Federal-Aid Highway construction projects, including products and materials used for adjustments to utility facilities to allow highway construction. These guidelines are for all federally reimbursable transportation projects where FHWA is the lead federal agency; it does not take precedence over projects where Federal Transit Administration or the Federal Railroad Administration is deemed the be the lead federal agency.&lt;br /&gt;
&lt;br /&gt;
===643.2.19.1 Program Requirements for Utilities===&lt;br /&gt;
All MoDOT projects are federal-aid projects, and therefore, all reimbursable utility adjustments are required to follow the provisions of BABA. More information on MoDOT’s BABA policy and procedures can be found in [[106.9_Buy_America_Requirement|EPG 106.9 Buy America Requirement]]. Specifically, utility owners should be aware of the following procedures for determining applicability of the EPG 106.9 requirements to reimbursable utility adjustments necessary to allow highway construction:&lt;br /&gt;
* BABA does not apply when materials are relocated from one location to another within the project limits.&lt;br /&gt;
* BABA does not apply for materials necessary for temporary utility adjustments assuming materials are removed from the right of way upon completion of the utility adjustment to allow highway construction.&lt;br /&gt;
* Non-reimbursable work must be kept separate from reimbursable work (agreements, permits, etc.) in order to not be subject to BABA.&lt;br /&gt;
&lt;br /&gt;
===643.2.19.2 Certification Requirements for Utilities===&lt;br /&gt;
Utility owners have the option of choosing either to self-certify BABA compliance or provide vendor/manufacturer certification to MoDOT. The method of certification is chosen by the utility owner and is documented in either the MRUA or the project specific agreement. Regardless of agreement type or certification method, the utility owner must be compliant with BABA requirements.&lt;br /&gt;
&lt;br /&gt;
====643.2.19.2.1 BABA Utility Owner Self-Certification====&lt;br /&gt;
If a utility owner chooses to self-certify BABA compliance, the utility owner is not required to provide MoDOT copies of the supplier certification as part of the project documentation or with the final invoice for any reimbursable utility adjustment necessary to allow highway construction. Retention of all documents should be as described in the agreement.&lt;br /&gt;
&lt;br /&gt;
====643.2.19.2.2 BABA Vendor/Manufacturer Certification====&lt;br /&gt;
If a utility owner chooses to use vendor/manufacturer certification, the utility owner will supply MoDOT BABA compliance from all vendors and/or manufacturers. Certification from vendors will be signed by an authorized representative of the vendor on company letterhead or other acceptable documentation and will declare that all supplied materials subject to BABA requirements are fully compliant. Certification from iron or steel manufacturers must be in the form of a mill test report (MTF) issued and signed by the initial fabricator stating the materials subject to BABA were melted and manufactured in the United States. Other written statements on company letter or other acceptable documentation signed by an authorized representative of the manufacturer for any additional treatment to the fabricated material (such as blasting, galvanizing, painting, or coating) will state that all treatment processes occurred in the United States according to FWA guidelines. Retention of all documents should be as described in the agreement. Manufacturer certification for manufactured products or construction materials will state that all materials were sourced from the United States and were fabricated in the United States. Retention of all documents should be as described in the agreement.&lt;br /&gt;
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&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643.3 Reserved for Future Use &#039;&#039;PAGE TITLE&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;&lt;br /&gt;
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&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643.4 Railroads (NO CHANGE) &#039;&#039;PAGE TITLE&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;&lt;br /&gt;
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==236.5.12 Excess Land Conveyances &amp;amp; Relinquishments - Utilities==&lt;br /&gt;
All conveyances and relinquishments of Commission-owned property shall be evaluated for the existence of any utility facilities located within the areas to be conveyed or relinquished. A conveyance or relinquishment of Commission-owned property may have implications to the utility facilities, and the utility owners, when the Commission no longer controls the property. It is important to maintain the continuity of utility facilities for the general public; therefore, to identify and minimize potential impacts, MoDOT shall involve utility owners in the conveyance and relinquishment processes.&lt;br /&gt;
&lt;br /&gt;
===236.5.12.1 Excess Land Conveyances Utilities===&lt;br /&gt;
MoDOT shall only recommend that a property be declared excess upon satisfactorily addressing the utility impacts. Whether MoDOT or an external party initiates the conveyance of excess property, utility impacts shall be adequately addressed by using one of the following methods: &lt;br /&gt;
:1. Each utility facility will be relocated by permit into a new utility corridor retained by the Commission.&lt;br /&gt;
:2. Each utility facility will remain in place with the benefit of a non-exclusive permanent utility easement.&lt;br /&gt;
::&#039;&#039;If the Commission holds fee simple title to the property, the Commission shall convey a non-exclusive permanent utility easement to each utility owner&#039;&#039;.&lt;br /&gt;
::&#039;&#039;If the Commission holds a less than fee simple title interest in the property, MoDOT shall facilitate the conveyance of a non-exclusive permanent utility easement from the party acquiring the property to each utility owner&#039;&#039;.&lt;br /&gt;
:3. Each utility facility will be relocated to another portion of the property being conveyed.&lt;br /&gt;
::&#039;&#039;If the Commission holds fee simple title to the property, the Commission shall convey a non-exclusive permanent utility easement to each utility owner&#039;&#039;. &lt;br /&gt;
::&#039;&#039;If the Commission holds a less than fee simple title interest in the property, MoDOT shall facilitate the conveyance of a non-exclusive permanent utility easement from the party acquiring the property to each utility owner&#039;&#039;.&lt;br /&gt;
:4. Each utility facility will be relocated onto a portion of the property already owned by the party acquiring the Commission-owned property, with the benefit of a non-exclusive permanent easement. (MoDOT shall facilitate the conveyance of a non-exclusive permanent utility easement from the party acquiring the property to each utility owner.)&lt;br /&gt;
:5. A three-party negotiated settlement taking into consideration the overall value of the proposed transaction.&lt;br /&gt;
:6. Additional options to address utility impacts may be utilized with approval from the Asst. to the State Design Engineer - Right of Way.&lt;br /&gt;
&lt;br /&gt;
===236.5.12.2 Road Relinquishment Utilities===&lt;br /&gt;
MoDOT shall only recommend the relinquishment of roadways through the [[236.14 Change in Route Status Report|Change in Route Status Report]] upon satisfactorily addressing the impacts to utility facilities. If the roadway will be relinquished to a local public transportation authority, with the intent that it continues to be used as a public roadway, a clause similar to the following shall be included in the deed from the Commission to the local public transportation authority:&lt;br /&gt;
:&#039;&#039;&amp;quot;Grantee, by acceptance of this conveyance, covenants and agrees for itself, its successors and assigns, to allow known or unknown utility facilities currently located on the property, whether of record or not, to remain on the property, and to grant the current and subsequent owners of those facilities the right to maintain, construct and reconstruct the facilities and their appurtenances over, under, and across the land herein conveyed, along with the right of ingress and egress across the land herein conveyed to and from those utilities.&amp;quot;&#039;&#039; &lt;br /&gt;
&lt;br /&gt;
Proposed roadway relinquishments to private entities shall be reviewed in a manner consistent with the conveyance of excess property described in [[236.5 Property Management#236.5.3 Asset Management Committee|EPG 236.5.3 Asset Management Committee]].&lt;/div&gt;</summary>
		<author><name>Hoskir</name></author>
	</entry>
	<entry>
		<id>https://epg.modot.org/index.php?title=User:Hoskir/Revision_Request_4225&amp;diff=58874</id>
		<title>User:Hoskir/Revision Request 4225</title>
		<link rel="alternate" type="text/html" href="https://epg.modot.org/index.php?title=User:Hoskir/Revision_Request_4225&amp;diff=58874"/>
		<updated>2026-06-22T16:23:58Z</updated>

		<summary type="html">&lt;p&gt;Hoskir: /* 643.2.14.1 Obligation Process */&lt;/p&gt;
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&lt;div&gt;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643 Utility Procedures  &#039;&#039;CATEGORY&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt; &lt;br /&gt;
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| &#039;&#039;&#039;&amp;lt;center&amp;gt;&amp;lt;u&amp;gt;Additional Resources&amp;lt;/u&amp;gt;&amp;lt;/center&amp;gt;&#039;&#039;&#039;&lt;br /&gt;
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| ● [https://www.ecfr.gov/current/title-23/chapter-I/subchapter-G/part-64523 CFR 645]&lt;br /&gt;
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| ● [https://www.sos.mo.gov/cmsimages/adrules/csr/current/7csr/7c10-3.pdf7 CSR 10-30]&lt;br /&gt;
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&#039;&#039;&#039;Utility Accommodation Policy:&#039;&#039;&#039; State DOTs are required to develop policies and procedures pertaining to the use, accommodation, and/or relocation of public and private utility facilities on highway rights-of way using Federal-aid highway funds. State DOTs are required to develop, maintain, and obtain FHWA approval of their Utility Accommodation Policy (UAP) (23 CFR section 645.215). This EPG article 643 and subarticles 643.1 through 643.3 are Missouri Department of Transportation (MoDOT)’s Utility Accommodation Policy. Text in EPG 643 consolidates various federal and state statutes and rules into a single, cohesive, workable policy to outline processes for MoDOT staff and utility owners.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Delegation of Work:&#039;&#039;&#039; Each MoDOT district is responsible for ensuring implementation of the UAP outlined in the subsequent EPG articles. Each district can create its own organization for whom is responsible for the work including between divisions and job titles. Work responsibilities within this article and subarticles are generic where possible. If a specific title is included, that title has sole responsibility for that item of work.&lt;br /&gt;
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[[media:144 Major Highway System 2022.pdf|major routes]]&lt;br /&gt;
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&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643.1 Utility Location  &#039;&#039;PAGE TITLE&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt; &lt;br /&gt;
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The information in this article provides a uniform system for regulating the location, construction, maintenance, removal, and relocation of utility facilities on the right of way of roadways located on the state highway system. It also provides for the facilitation of construction and maintenance of these roadways. Any location or relocation of utility facilities contrary to this information is an interference with the construction, maintenance, or operation of a state highway and its right of way and is prohibited.&lt;br /&gt;
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==643.1.1 Permits==&lt;br /&gt;
All utility owners are required to obtain a permit to work on Missouri Highway and Transportation Commission (Commission) right of way. A permit is required for original installation of the utility facility, on-going maintenance of the utility facility, or adjustments to a utility facility necessary to allow highway construction. Per [[127.29_Stormwater#127.29.4.3_MCM_3:_Illicit_Discharge_Detection_and_Elimination_(IDDE)_Program|EPG 127.29.4.3]], discharges of anything other than stormwater are not permitted. A deposit or bond is required to ensure completion of the work in accordance with the permit issued. An [https://www.modot.org/permits application for a permit] may be made on established forms specifically stating the nature of the work to be performed. Applications for permits may be obtained at any of the [https://www.modot.mo.gov/ seven (7) district highway offices] of the Commission, [https://www.modot.mo.gov/ MoDOT&#039;s website], or by requesting it from the office of the Missouri Highways and Transportation Commission in Jefferson City, Missouri. The application for a permit will specifically state the nature of the work to be performed, what specific type of utility facility is to be installed, and, if necessary, the timeframe of any temporary use. Piping of any type of sewage or waste will only be allowed providing any permitting by a regulatory agency, such as Missouri Department of Natural Resources, can be provided. Prior to obtaining a permit through MoDOT’s permit system, a utility owner will be required to provide a bond to ensure satisfactory work and complete a TR50 Electronic Signature Agreement with the Commission. The name of the utility owner must match on the bond, TR50, and in the permit system. More information on permitting can be found in [[:Category:941_Permits_and_Access_Requests|EPG 941]].&lt;br /&gt;
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===643.1.1.1 Emergency Work===&lt;br /&gt;
When emergency operations work is necessary, the damaged utility facility may be accessed immediately and without a permit by leaving the pavement at such points as may be necessary to effect emergency repairs, provided immediate notice is given to the Missouri State Highway Patrol and the district utilities staff for the district wherein the work will be performed, and a permit for emergency operations is requested immediately upon discovery of the need for emergency operations. A permit for emergency operations work is to be obtained as soon as practical, but in no event later than two (2) working days after the emergency operations work has commenced. Emergency operations include, but are not limited to, unplanned work in response to utility facilities being so damaged as to constitute an emergency situation directly affecting or endangering traffic on the highway or public health or safety.&lt;br /&gt;
&lt;br /&gt;
===643.1.1.2 Third-Party Inspection===&lt;br /&gt;
When a utility owner has a large number of projects in a given area or projects involving great complexity, MoDOT reserves the right to limit the number of permits open at any given time. With approval of the district utilities staff, a utility owner may hire a third-party inspector, at their cost. The third-party inspector will allow the utility owner to increase the number of permits open at any given time. The responsibility of the third-party inspector will be to ensure the installation of the utility facility proceeds in a manner consistent with the plans approved in the permit, including all work zone requirements and conformity with MoDOT’s Standards and Specifications. The MoDOT approved third-party inspector will be listed in the permit. MoDOT may audit third-party inspections and revoke the right to use third-party inspections should the inspectors fail to perform their duties.&lt;br /&gt;
&lt;br /&gt;
===643.1.1.3 Abandoned Utility Facilities===&lt;br /&gt;
All utility facilities installed in Commission right of way are the property of the utility owner whether the utility facility is active or inactive. MoDOT may allow a utility facility to remain on Commission right of way whether the utility facility was abandoned for a MoDOT project or at the utility owner’s discretion. MoDOT may place requirements (such as removing inactive fiber optic cables, grouting pipes, removing valves) on the utility owner as part of the process of abandoning a utility facility. Liability for damage to Commission right of way due to an abandoned facility remains the responsibility of the utility owner. In the event MoDOT requires the removal of the abandoned utility facility, responsibility for the cost of the removal will be determined per [[643.2_Local_Utility_Adjustments_-_Public_and_Private#643.2.8_Preliminary_Engineering_(PE)_Requirements|EPG 643.2.8]].&lt;br /&gt;
&lt;br /&gt;
==643.1.2 Definitions==&lt;br /&gt;
&#039;&#039;&#039;Bridge Attachment:&#039;&#039;&#039; A bridge attachment is any utility facility, including communication lines and electrical lines, or any other utility facility of a similar nature that is fastened to a bridge for the purpose of spanning an obstacle.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Clear zone:&#039;&#039;&#039; The total roadside border area starting at the edge of the traveled way, available for safe use by errant vehicles. This area may consist of a shoulder, a recoverable slope, a non-recoverable slope, and/or the area at the toe of a non-recoverable slope available for safe use by an errant vehicle. Clear zone dimensions are provided in the current edition of American Association of State Highway Transportation Officials Roadside Design Guide.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Ditch Line:&#039;&#039;&#039; A line where the roadway ditch meets the back slope. It is located at the lowest point of a V-bottom ditch or furthest point from the roadway of a flat bottom ditch where the roadway slopes back to the existing ground line.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Duct:&#039;&#039;&#039; An enclosed tubular casing, or raceway, for protecting wires, lines, or cables that is often flexible or semi-rigid (1-3% diametric deflection). The casing, or raceway, is separate from the cable or conductor that passes through it.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Encasement:&#039;&#039;&#039; The term encasement means the placing of an installation around and outside of an underground facility consisting of a larger conduit that permits the removal and replacement of the facility. An alternate to the conduit type encasement is reinforced concrete poured around the utility facility. Utility owners are allowed to use any types of material as a carrier and encasement for its facilities as expressly provided for in the permit issued for the installation of the utility facility.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Freeway:&#039;&#039;&#039; A divided arterial highway with full control of access.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Highway:&#039;&#039;&#039; Any public way for vehicular travel, including the entire area within the right of way and related facilities constructed or improved and maintained by the Missouri Highways and Transportation Commission (MHTC) acting through the Missouri Department of Transportation (MoDOT).&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Interchange Limits:&#039;&#039;&#039; For the uniform handling of utility installations only, the limits of an interchange are the outside ramp curve points. See [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_1_TypicalInterchangeLimits_AOD.pdf EPG Figure 643.1.1] for an example.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Interstate System or Other Freeways/Expressways:&#039;&#039;&#039; Interstate highways and highways with fully controlled access.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Major Routes (Interstates, Freeways/Expressways and Principal Arterials):&#039;&#039;&#039; The major highway system is all routes functionally classified as principal arterials. The principal arterial system provides for statewide or interstate movement of traffic. The major roads in Missouri total approximately 5,500 centerline miles.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Minor Routes:&#039;&#039;&#039; The minor highway system is all routes functionally classified as minor arterials or collectors. These routes mainly serve local transportation needs. The minor roads in Missouri total approximately 28,400 centerline miles.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Normal Right of Way Line:&#039;&#039;&#039; An imaginary line that connects sudden breaks in the major right of way points for roadways. Sight distance right of way points (triangles) at roadway intersections are not to be considered as sudden breaks for determining normal right of way.&lt;br /&gt;
[[File:fig_643.1.2-06_2026.jpg|none|700px|thumb|Figure 643.1.2 Normal Right of Way Line.]]&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Private Lines:&#039;&#039;&#039; Privately owned utility facilities which convey or transmit the commodities outlined in the definition of utility facility of this section but devoted exclusively to private use.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Scenic Enhancement Areas:&#039;&#039;&#039; Scenic enhancement areas include areas acquired or so designated as scenic strips, overlooks, rest areas, recreation areas, and the right of way of adjacent roadways and the right of way of roadways that pass through public parks and historic sites as described under 23 USC 138.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Utility Corridor:&#039;&#039;&#039; An area established for the placement of utility facilities parallel to the normal right of way line.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Utility Facility:&#039;&#039;&#039; Privately, publicly, or cooperatively owned line, facility, or system for producing, transmitting, or distributing communications, cable television, power, electricity, light, heat, gas, oil, crude products, water, steam, waste, storm water not connected with highway drainage or any other similar commodity, including any fire or police signal system or street lighting system which directly or indirectly serves the public and does not include privately owned facilities devoted exclusively to private use. The term &amp;quot;utility facility&amp;quot; includes those facilities used solely by the utility owner that are a part of its operating plant.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Utility Owner:&#039;&#039;&#039; The utility owner is the utility company, inclusive of any wholly owned or controlled subsidiary, or city or county which owns utility facilities. The term also includes those government agencies that lease a utility facility for its own use or otherwise dedicated solely to governmental use.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Variance:&#039;&#039;&#039; A one- (1-) time deviation from the requirements for location or relocation of utility facilities on the right of way of highways in the state highway system as established in [https://www.sos.mo.gov/cmsimages/adrules/csr/current/7csr/7c10-3.pdf Title 7 Code of State Regulations 10-3], requested by the utility, and approved by a MoDOT District Design Engineer.&lt;br /&gt;
&lt;br /&gt;
==643.1.3 Location of Utility Facilities==&lt;br /&gt;
Utility facilities paralleling the roadway should be installed in the utility corridor except as outlined below. The utility corridor is the space for all utility owners generally within six feet (6’) of the normal right of way line. When considering if the current utility corridor is available to expand from six feet (6’) to as much as twelve feet (12’), MoDOT determines if the expansion is warranted. In making the determination, MoDOT will consider the existing utilization of the original six feet (6’) corridor. Poles must remain within two feet (2’) of the normal right of way line unless approved by a variance. The utility corridor will only be expanded beyond six feet (6’) if the original six feet (6’) corridor is fully utilized and additional space would be required to accommodate additional utility facilities. Acquisition of additional right of way to establish a twelve feet (12’) corridor is not required on highway construction projects. For depths for underground utility facilities, see [[#643.1.4.1_Minimum_Cover_for_Underground_Facilities|EPG 643.1.4.1]].&lt;br /&gt;
&lt;br /&gt;
Utility facilities crossing the roadway should be installed as close to ninety degrees (90°) to the centerline of the roadway as possible and based on the guidelines below depending on the type of roadway. See [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_3_TypicalUtilityCorridor-InterchangeatMajorRoute_AOD.pdf EPG Figure 643.1.3] and [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_4_TypicalUtilityCorridor-InterchangeatMinorRoute_AOD.pdf EPG Figure 643.1.4] for typical utility corridors around interchanges.&lt;br /&gt;
&lt;br /&gt;
===643.1.3.1 Interstate System or Other Major Freeways/Expressways===&lt;br /&gt;
The installation of all utility facilities on highways of the Interstate System or other major freeways/expressways with fully controlled access are to be installed, serviced, and maintained without entering or leaving the roadway and ramps except at points approved by MoDOT for that purpose and without parking any equipment or storing materials upon the medians, roadway and ramps, or shoulders of the roadways. Cutting or damaging the pavement or paved shoulders is not permitted. New service connections to existing parallel utility facilities are to be permitted only where an outer roadway exists and then only where access is permitted by the Commission. Careful consideration will be given to the location of guys, anchors, braces, and other supports. Generally, good design practice will provide that appurtenances be located at right of way jogs, along intersecting road right of way, or at other similar acceptable locations, so that encroachment is held to an absolute minimum.&lt;br /&gt;
&lt;br /&gt;
No utility facilities will be permitted within the interchange limits of an interchange between fully limited access highways where planned or existing. Utility facilities within the interchange limits of an interchange with a non-access controlled highway will be permitted only along the minor road, provided that all construction, service, and maintenance can be performed from the minor road. Manholes and poles must be located beyond the ramp termini.&lt;br /&gt;
&lt;br /&gt;
For structures carrying or over interstates or other major freeways/expressways, see [[#643.1.5_Bridge_Attachment_Policy|EPG 643.1.5]].&lt;br /&gt;
&lt;br /&gt;
====643.1.3.1.1 Utility Facilities Crossing the Interstate or Other Major Freeways/Expressways====&lt;br /&gt;
=====643.1.3.1.1.1 Overhead Crossings of the Interstate or Other Major Freeways/Expressways=====&lt;br /&gt;
Overhead crossings of utility facilities are permitted only for power transmission and distribution lines and for multiple circuit communication lines where an underground installation is not economically feasible. Supports for existing utility facilities crossing overhead may remain on the right of way provided they are near the right of way line regardless of the presence of an outer road. Supports for new overhead utility facilities crossing overhead may be located on the right of way near the right of way line where an outer roadway exists and are to be located off the right of way where no outer roadway exists. Overhead service crossings are only permitted in isolated cases for residential or commercial establishments when the denial of the crossing would require construction of more than 1,200 feet (1,200’) of utility line to provide the service. Main or distribution line crossings are required to serve a general area other than isolated cases.&lt;br /&gt;
&lt;br /&gt;
=====643.1.3.1.1.2 Underground Crossings of the Interstate or Other Major Freeways/Expressways=====&lt;br /&gt;
Underground crossings of utility facilities are to be continuously encased under the pavement, medians, ramps, and shoulders with the casing extending to the toe of the fill slopes or to the ditch line. In curbed sections, encasement should extend outside the outer curb of the roadways a distance equal to the depth of the encasement at the curb line. Where installed by open trench through unpaved areas, detector tape should be placed approximately one foot (1&#039;) above the encasement. Where an interstate or other major freeway has a parallel outer roadway, encasement should be continuous under all roadways within the right of way.&lt;br /&gt;
&lt;br /&gt;
Manholes or vent pipes are to be located at the right of way line or adjacent to the outer roadway.&lt;br /&gt;
&lt;br /&gt;
For fiber optic cable, encasement should extend from within six feet (6&#039;) of one right of way line to within six feet (6&#039;) of the other right of way line.&lt;br /&gt;
&lt;br /&gt;
Exceptions may be made for encasement as listed in [[#643.1.4.2_Exceptions_to_Encasement|EPG 643.1.4.2]].&lt;br /&gt;
&lt;br /&gt;
=====643.1.3.1.1.3 Parallel Installations along the Interstate or Other Major Freeways/Expressways=====&lt;br /&gt;
New parallel installations on the right of way may be permitted only where an outer roadway exists, provided that poles are within two feet (2&#039;) of the normal right of way line and underground utility facilities are within the utility corridor, and provided that the utility facility can be installed and maintained between the outer roadway and the right of way line. Existing overhead or underground utility facilities that parallel an existing roadway which will be incorporated into a completed highway as an outer roadway may remain in place if all maintenance and service can be performed from an outer roadway and the existing location does not interfere with construction, maintenance, or operation of the completed highway. If an existing parallel utility facility needs to be relocated so as to not interfere with the construction, maintenance, or operation of the completed interstate or other major freeway, poles may be located withing five feet (5’) of the right of way line.&lt;br /&gt;
&lt;br /&gt;
Underground utility facilities are expected to be buried within the utility corridor of sight distance triangles (SDTs) at roadway intersections unless granted a variance. Overhead utility facilities may be allowed to span intersecting roadways with SDTs provided the poles, or supports, are located outside the SDT.&lt;br /&gt;
&lt;br /&gt;
=====643.1.3.1.1.4 Sanitary Sewers within the Right of Way of Interstates or Other Major Freeways/Expressways=====&lt;br /&gt;
New installations of sanitary sewers should follow the applicable guidelines for either underground crossings or parallel installations as appropriate. Existing gravity trunk sanitary sewers should be considered individually and removed or left in place contingent upon its age, condition, feasibility of moving, and maintenance access. Encasement of existing trunk sewers left in place may be required for questionable condition, protection during construction, or heavy fills.&lt;br /&gt;
&lt;br /&gt;
Manholes should be relocated to the right of way lines or adjacent to an outer roadway.&lt;br /&gt;
&lt;br /&gt;
===643.1.3.2 Major Routes===&lt;br /&gt;
For structures carrying or over major routes, see [[#643.1.5_Bridge_Attachment_Policy|EPG 643.1.5]].&lt;br /&gt;
&lt;br /&gt;
====643.1.3.2.1 Major Routes with Partially Controlled Access Right of Way====&lt;br /&gt;
The installation of all utility facilities on highways with partially controlled access right of way are to be installed, serviced, and maintained without entering or leaving the roadway and ramps except at points approved by MoDOT for that purpose and without parking any equipment or storing materials upon the medians, roadway and ramps, or shoulders of the roadways. Cutting or damaging the pavement or paved shoulders is not permitted. Equipment or materials stored within the right of way must be protected by longitudinal barrier or be located outside the clear zone. New service connections to existing parallel utility facilities are to be permitted only where granted by the Commission.&lt;br /&gt;
&lt;br /&gt;
No utility facilities will be permitted within the interchange limits of an interchange between fully limited access highways where planned or existing. Utility facilities within the interchange limits of an interchange with a non-access controlled highway will be permitted only along the minor road, provided that all construction, service, and maintenance can be performed from the minor road. Manholes and poles must be located beyond the ramp termini.&lt;br /&gt;
&lt;br /&gt;
====643.1.3.2.2 Major Routes with Normal Access Right of Way====&lt;br /&gt;
All new utility facilities will be installed and maintained without cutting or damaging the pavement or paved shoulders except in the event underlying rock formations or other obstructions are encountered that prevent boring or pushing operations. A variance may be granted for pavement cuts when the need is established. Pavement cuts may only be made by permits issued when it is impractical to otherwise service and maintain the facility. The installation of all utility facilities is to be installed without parking any equipment or storing materials upon the medians, roadway and ramps, or shoulders of the roadways. Equipment or materials stored within the right of way must be protected by longitudinal barrier or be located outside the clear zone.&lt;br /&gt;
&lt;br /&gt;
====643.1.3.2.3 Utility Facilities Crossing Major Routes====&lt;br /&gt;
=====643.1.3.2.3.1 Overhead Crossings of Major Routes=====&lt;br /&gt;
Supports for utility facilities crossing overhead should be located as near the right of way line as possible. For major routes with controlled access right of way, new overhead service crossings may be permitted in isolated cases for residential or commercial establishments where the denial of such crossings would require the construction of more than 1,200 feet (1,200’) of utility line to provide the same service. For major routes with normal access right of way, there is no restriction on the placement of service crossings.&lt;br /&gt;
&lt;br /&gt;
=====643.1.3.2.3.2 Underground Crossings of Major Routes=====&lt;br /&gt;
Underground crossings of utility facilities are to be continuously encased under the pavement, medians, ramps, and shoulders with the casing extending to the toe of the fill slopes or to the ditch line. In curbed sections, encasement should extend outside the outer curb of the roadways a distance equal to the depth of the encasement at the curb line. Where installed by open trench through unpaved areas, detector tape should be placed approximately one foot (1&#039;) above the encasement. Where a major route has a parallel outer roadway, encasement should be continuous under all roadways within the right of way.&lt;br /&gt;
&lt;br /&gt;
Manholes or vent pipes are to be located at the right of way line or adjacent to the outer roadway.&lt;br /&gt;
&lt;br /&gt;
For fiber optic cable, encasement should extend from within six feet (6&#039;) of one right of way line to within six feet (6&#039;) of the other right of way line.&lt;br /&gt;
&lt;br /&gt;
Exceptions may be made for encasement as listed in [[#643.1.4.2_Exceptions_to_Encasement|EPG 643.1.4.2]].&lt;br /&gt;
&lt;br /&gt;
====643.1.3.2.4 Parallel Installations along Major Routes====&lt;br /&gt;
New parallel installations on the right of way may be permitted provided that poles are within two feet (2&#039;) of the normal right of way line and underground utility facilities are within the utility corridor. Existing overhead or underground utility facilities that parallel an existing roadway which will be incorporated into a completed highway may remain in place if all maintenance and service can be performed without entering or leaving the roadway except at approved access points; without parking equipment or storing materials on the median, pavement, ramps, or shoulders; and the existing location does not interfere with construction, maintenance, or operation of the completed highway. If an existing parallel utility facility needs to be relocated so as to not interfere with the construction, maintenance, or operation of the completed highway, poles may be located withing five feet (5’) of the right of way line.&lt;br /&gt;
&lt;br /&gt;
Existing steel pipe transmission and distribution facilities for gaseous petroleum products that parallel an existing roadway that will be incorporated into the completed roadway may be left in place subject to an agreement by the utility owner that maintenance or service and facility expansion will be performed without cutting or damaging the pavement or interfering with the construction, maintenance, and operation of the highway and provided that the facility is cathodically protected against corrosion and meets the applicable material requirements.&lt;br /&gt;
&lt;br /&gt;
Underground utility facilities are expected to be buried within the utility corridor of sight distance triangles (SDTs) at roadway intersections unless granted a variance. Overhead utility facilities may be allowed to span intersecting roadways with SDTs provided the poles, or supports, are located outside the SDT.&lt;br /&gt;
&lt;br /&gt;
====643.1.3.2.5 Sanitary Sewers within the Right of Way of Major Routes====&lt;br /&gt;
New installations of sanitary sewers should follow the applicable guidelines for either underground crossings or parallel installations as appropriate. An existing gravity trunk sanitary sewer should be considered individually and removed or left in place contingent upon its age, condition, feasibility of moving, and maintenance access. If an existing parallel gravity main is left in place within the limits of the paved surface, paved shoulder lines, or curb lines, stub mains as required will be laid between the sewer main and curb or shoulder lines for future service connections in each block. Manholes should be relocated outside the traveled roadway as near the right of way line as practical.&lt;br /&gt;
&lt;br /&gt;
===643.1.3.3 Minor Routes===&lt;br /&gt;
For structures carrying or over minor routes, see [[#643.1.5_Bridge_Attachment_Policy|EPG 643.1.5]].&lt;br /&gt;
&lt;br /&gt;
====643.1.3.3.1 Utility Facilities Crossing Minor Routes====&lt;br /&gt;
=====643.1.3.3.1.1 Overhead Crossings of Minor Routes=====&lt;br /&gt;
Existing overhead crossings that interfere with construction, maintenance, or operation should be relocated with their supports as near the right of way line as is practical. New overhead crossing installations should be located with their supports as near the right of way line as is practical.&lt;br /&gt;
&lt;br /&gt;
=====643.1.3.3.1.2 Underground Crossings of Minor Routes=====&lt;br /&gt;
All new utility facilities should be installed and maintained without cutting or damaging the pavement or paved shoulders. A variance may be granted for pavement cuts when servicing and maintaining the facility by any other methods is impractical. Pavement cuts may only be made by permits issued. Underground crossings of utility facilities are to be continuously encased under the pavement, medians, ramps, and shoulders with the casing extending to the toe of the fill slopes or to the ditch line. In curbed sections, encasement should extend outside the outer curb of the roadways a distance equal to the depth of the encasement at the curb line. Where installed by open trench through unpaved areas, detector tape should be placed approximately one foot (1&#039;) above the encasement.&lt;br /&gt;
&lt;br /&gt;
Manholes or vent pipes are to be located at the right of way line or adjacent to the outer roadway.&lt;br /&gt;
&lt;br /&gt;
For fiber optic cable, encasement should extend from within six feet (6&#039;) of one right of way line to within six feet (6&#039;) of the other right of way line.&lt;br /&gt;
&lt;br /&gt;
Exceptions may be made for encasement as listed in [[#643.1.4.2_Exceptions_to_Encasement|EPG 643.1.4.2]].&lt;br /&gt;
&lt;br /&gt;
====643.1.3.3.2 Parallel Installations along Minor Routes====&lt;br /&gt;
New parallel installations on the right of way may be permitted provided that poles are within two feet (2&#039;) of the normal right of way line and underground utility facilities are within the utility corridor. Existing overhead or underground utility facilities that parallel an existing roadway which will be incorporated into a completed highway may remain in place if all maintenance and service can be performed without entering or leaving the roadway except at approved access points; without parking equipment or storing materials on the median, pavement, ramps, or shoulders; and the existing location does not interfere with construction, maintenance, or operation of the completed highway. If an existing parallel utility facility needs to be relocated so as to not interfere with the construction, maintenance, or operation of the completed highway, poles may be located within five feet (5’) of the right of way line.&lt;br /&gt;
&lt;br /&gt;
Underground utility facilities are expected to be buried within the utility corridor of sight distance triangles (SDTs) at roadway intersections unless granted a variance. Overhead utility facilities may be allowed to span intersecting roadways with SDTs provided the poles, or supports, are located outside the SDT.&lt;br /&gt;
&lt;br /&gt;
====643.1.3.3.3 Sanitary Sewers within the Right of Way of Minor Routes====&lt;br /&gt;
New installations of sanitary sewers should follow the applicable guidelines for either underground crossings or parallel installations as appropriate. An existing gravity trunk sanitary sewer should be considered individually and removed or left in place contingent upon its age, condition, feasibility of moving, and maintenance access. If an existing parallel gravity main is left in place within the limits of the paved surface, paved shoulder lines, or curb lines, stub mains as required will be laid between the sewer main and curb or shoulder lines for future service connections in each block. Manholes should be relocated outside the traveled roadway.&lt;br /&gt;
&lt;br /&gt;
===643.1.3.4 Roundabouts===&lt;br /&gt;
Regardless of roadway type, it is desirable to avoid locating utility facilities and their access points within the circulatory roadway. If possible, utility facilities are located in the legs of the roundabout to allow for future maintenance and access at an isolated leg versus affecting the entire roundabout. See [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_5_TypicalLocationofUtilityFacilitiesnearRoundabouts_AOD.pdf EPG Figure 643.1.5] for an example.&lt;br /&gt;
&lt;br /&gt;
===643.1.3.5 Utility Facilities in Scenic Enhancement Areas===&lt;br /&gt;
All existing utility facilities within the limits of a scenic enhancement area requiring adjustment because of construction or reconstruction will be placed underground or relocated beyond the limits of the scenic enhancement area. No new above ground facilities will be permitted. New underground facilities will be permitted provided they do not extensively alter or impair the appearance of the area.&lt;br /&gt;
&lt;br /&gt;
==643.1.4 Installation of Utility Facilities==&lt;br /&gt;
The following sections provide information on the physical installation of utility facilities within highway right of way.&lt;br /&gt;
&lt;br /&gt;
===643.1.4.1 Minimum Cover for Underground Facilities===&lt;br /&gt;
The minimum cover for new underground utilities is:&lt;br /&gt;
* Forty-two inches (42”) for all water lines (parallel and crossings).&lt;br /&gt;
* Forty-two inches (42”) for fiber optic cable (crossings encased in rigid conduit).&lt;br /&gt;
* Seventy-two inches (72”) for fiber optic cable (crossings encased in polyethylene (PE) pipe).&lt;br /&gt;
* Thirty inches (30”) for direct burial and in trench fiber optic cable (parallel).&lt;br /&gt;
* Twenty-four inches (24”) for all other direct burial copper or coaxial cable, (parallel).&lt;br /&gt;
* Seventy-two inches (72”) for uncased polyethylene (PE) gas pipe crossings under ditches and roadways but thirty inches (30”) elsewhere.&lt;br /&gt;
* Thirty inches (30”) for all other (such as, but not limited to, gravity sewers, forced sewers, and electric) underground utilities (both parallel and crossing).&lt;br /&gt;
&lt;br /&gt;
===643.1.4.2 Exceptions to Encasement===&lt;br /&gt;
Exceptions may be made for encasement as follows:&lt;br /&gt;
* Non-fiber communication or electric cables installed in ducts.&lt;br /&gt;
* Welded steel pipelines carrying gaseous or liquid petroleum products - provided they are cathodically protected against corrosion, triple-coated in accordance with accepted pipeline construction standards, and meet applicable material requirements.&lt;br /&gt;
* Natural gas distribution pipe (nominal six-inch (6”) diameter maximum) of polyethylene (PE) plastic, traceable, installed by a horizontal bore method at a minimum depth of seventy-two inches (72”) under ditches and roadways, constructed in accordance with and meeting applicable material requirements.&lt;br /&gt;
* Gas service connections protected and constructed in accordance with and meeting applicable material requirements.&lt;br /&gt;
* Encasement is not required for new trunk sanitary sewer crossings of vitrified clay, reinforced concrete or cast iron except when installation procedures would produce voids in the roadbed, heavy fills, or installations under pressure.&lt;br /&gt;
&lt;br /&gt;
===643.1.4.3 Above Ground or Ground Level Appurtenances===&lt;br /&gt;
Appurtenances protruding more than four inches (4”) above the ground line should be located outside the clear zone. If no feasible alternative exists and if permitted by a variance, appurtenances may be allowed within the clear zone if they meet breakaway criteria or will be shielded by a traffic barrier. Good design practice will provide that appurtenances be located at right of way jogs, along intersecting road right of way, or at other similar acceptable locations, so that encroachment is held to an absolute minimum. Cables, wires, small diameter pipes, and other such utility appurtenances extending from the surface of the ground should be equipped with covers or guards to improve their visibility. Appurtenances within sidewalks or street level pedestrian access routes are to be in conformance with the Americans with Disabilities Act requirements.&lt;br /&gt;
&lt;br /&gt;
The maximum pull box width perpendicular to the right of way line within the utility corridor is thirty inches (30”).&lt;br /&gt;
&lt;br /&gt;
===643.1.4.4 Overhead Utility Facilities===&lt;br /&gt;
The vertical clearance of new or existing overhead installations will not be less than the current minimum requirements of the National Electric Safety Code, but in no case less than eighteen feet (18’) inclusive of sag above the groundline for electrical facilities. Clearance may be reduced for overhead installations of cable, telephone, or fiber optic facilities.&lt;br /&gt;
A minimum radial clearance of twenty-five feet (25’) is provided from any utility facility to the nearest part of any bridge structure. A minimum radial clearance of ten feet (10’) is provided from the nearest charged electrical line to a MoDOT signal, lighting, ITS, or overhead sign structure.&lt;br /&gt;
&lt;br /&gt;
===643.1.4.5 Approved Materials===&lt;br /&gt;
Utility owners are allowed to use any material for underground utility facilities including carrier and encasement provided they accept responsibility for any future repairs and/or replacement of damaged MoDOT facilities should a failure occur. This will allow the use of current technology and procedures to provide the best value to its subscribers and the taxpayers of Missouri. For materials that MoDOT also uses in its highway system, utility owners must provide materials that meet the current [https://www.modot.org/missouri-standard-specifications-highway-construction Missouri Standard Specifications for Highway Construction]. For materials not listed in the Missouri Standard Specifications for Highway Construction, the utility owner should provide documentation of the standards used to determine suitability of the material.&lt;br /&gt;
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===643.1.4.6 Cutting===&lt;br /&gt;
In the event permission is granted to cut an existing concrete or asphalt pavement or sidewalk, the appropriate provisions below should be followed.&lt;br /&gt;
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====643.1.4.6.1 Pavement====&lt;br /&gt;
All pavement cuts should be made with a saw to the full depth of the pavement. The width of the cut is typically determined by the width of the trench plus a minimum one foot (1’) on each side of the trench. In the event the distance to any adjacent longitudinal or transverse joint or crack is less than four feet (4’), the pavement must be removed to the joint or crack. Cuts for perpendicular service tie-ins should be a minimum of three feet (3’) wide. Longitudinal main installations are typically cut at a minimum of half the lane width, but in no instance should the cut be along the wheel path of the lane.&lt;br /&gt;
[[File:fig_643.1.6-06_2026.jpg|800px|none|thumb|Figure 643.1.6 Pavement Repair Dimension Requirements.]]&lt;br /&gt;
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The utility facilities should be placed in a location with the least impact to the roadway. Typically, this leads to placement in the shoulder when available followed by the two-way left turn lane (TWLTL), and then outside lanes before allowing placement in interior through lanes. Lane switching should be kept to a minimum and should not be used to minimize repair sizes. Cuts for mains or service leads that may not be perpendicular to the roadway should be squared-off.&lt;br /&gt;
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Replacement of cut pavement should be full depth concrete in accordance with the current version at the time of installation of Section 613.10 Full Depth Pavement Repairs of the Missouri Standard Specifications for Highway Construction and the Missouri Standard Plans for Highway Construction. If the area of the pavement repair is not to be fully resurfaced all joints including the overcut from the sawing operation should be filled with an expansive mortar, epoxy, polyester, or joint material as approved by the Engineer in accordance with Section 1057 of the Missouri Standard Specifications for Highway Construction.&lt;br /&gt;
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====643.1.4.6.2 Pedestrian Access Routes====&lt;br /&gt;
All cuts in the pedestrian access routes whether asphalt or concrete should be made by saw and be the full depth of the material. Entire slabs of concrete sidewalk should be removed. Repair of the pedestrian access route must meet Americans with Disability Act requirements, see [[:Category:642_Pedestrian_Facilities|EPG 642]]. Cuts through curb ramps or detectable warning areas are not permitted. Rather the entire curb ramp or detectable warning area must be removed and replaced. MoDOT district ADA contacts can help ensure ADA compliance of impacted pedestrian access routes.&lt;br /&gt;
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===643.1.4.7 Non-disturbance Areas===&lt;br /&gt;
MoDOT has certain areas of right of way where mowing, spraying, digging, or other vegetation disturbance activities are restricted. These areas have been established to mitigate the environmental impacts of a previous project and should be avoided. If the areas cannot be avoided, contact MoDOT’s Environmental Section.&lt;br /&gt;
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==643.1.5 Bridge Attachment Policy==&lt;br /&gt;
No utility facility will be permitted in or on a structure carrying an interstate or other freeway unless it is part of a federal requirement or for MoDOT’s use. When the structure carries any other road type and no other practical means exists for the crossing, wires (communication, electrical, fiber, or metal) will be permitted. Electrical lines must be located to cause minimum exposure to MoDOT maintenance personnel and the public. Pressurized pipelines for gas or other petroleum products and water and all sewer lines are prohibited on all structures due to the risks associated with their failure.&lt;br /&gt;
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===643.1.5.1 Agreement===&lt;br /&gt;
An agreement is required for all utility facilities attached to any structure. A charge will be made for the increased maintenance costs involved. This fee is set by the Bridge Division. When permitted, a 50-year occupational agreement is executed with the utility owner. Agreement BR04 Utility Attachment Agreement is used when an attachment is added to a bridge during its construction. Agreement BR09 Bridge Attachment Agreement is used when an attachment is added to an existing bridge.&lt;br /&gt;
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===643.1.5.2 Requests===&lt;br /&gt;
Requests to attach facilities to structures is a multi-step process. Bridge Division is responsible for approval of the bridge attachment. If at any point in the process, Bridge Division determines the attachment to be unacceptable, a reason is to be provided.&lt;br /&gt;
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To start, the utility owner submits a conceptual request to the district utilities staff. The conceptual request consists of an explanation of the proposal; a general location sketch (i.e., which side of the bridge); and details on the facility, length, and weight per foot when full. The district utilities staff should work with all relevant district personnel including the District Bridge Engineer in reviewing and recommending the attachment. The district utilities staff will submit the recommended details to the Bridge Division to determine the applicable costs including future maintenance costs and for attachments to new bridges, design and construction. Once the Bridge Division has determined the cost, the district utilities staff shares the cost with the utility owner for their concurrence with furthering the process. For new bridges, if the utility owner concurs with the costs, the district utility staff will prepare the BR04 Agreement for execution by the utility owner and the Commission. MoDOT will be responsible for the design and construction of attachments to new bridges. For existing bridges, the district utilities staff will forward the applicable as-built bridge plans to the utility owner for its use in designing the bridge attachment. The utility owner will provide detailed design drawings, signed and sealed by a professional engineer in the State of Missouri, to the district utilities staff for review. The district utilities staff should work with all relevant district personnel, including the District Bridge Engineer, in reviewing and recommending the details of the attachment to the Bridge Division. Once Bridge Division approves, the Bridge Division will prepare the BR09 Agreement for execution by the utility owner and the Commission. The utility owner is responsible for the construction of attachments to existing bridges. A flow chart, [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_7_BridgeAttachementProcess_AOD.pdf EPG Figure 643.1.7], of the process is available.&lt;br /&gt;
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Payment from the utility owner for the attachment will be sent to Financial Services by district utilities staff. For BR04 agreements, district utilities staff should discuss with Financial Services how to get the payment credited to the project constructing the attachment. For BR09 agreements, district utilities staff should copy Bridge Division on correspondence with Financial Serves. Checks should be made payable to Director of Revenue, Credit State Road Fund.&lt;br /&gt;
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For requests from government entities such as cities, counties, and other municipalities, the requested information should be submitted to Bridge Division as described above. However, the district utilities staff will take the lead in preparing the DE10 County Agreement or DE11 Municipal Agreement, as applicable, with input from Bridge Division and Bridge Maintenance. All fees are waived for government entities.&lt;br /&gt;
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===643.1.5.3 Considerations===&lt;br /&gt;
The following considerations are made in determining the acceptability of a bridge attachment. Unique situations will be discussed with the Bridge Division as required.&lt;br /&gt;
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====643.1.5.3.1 Bridge Asset Management Program====&lt;br /&gt;
Requests for bridge attachments should be reviewed for consistency with the district’s upcoming bridge asset management program needs. If a structure is due for rehabilitation or replacement in the near future, information should be provided to the utility owner indicating existing remaining life of the bridge. In some instances, it may be in MoDOT’s best interest to deny the request for attachment outright. In some instances, the utility owner may still choose to pursue the short-term attachment to the existing structure. In almost all cases, the utility owner is responsible for the cost of removing and/or relocating their utility facilities for a necessary repair, widening, improvement or reconstruction of the structure. Review existing agreements for cost responsibility for current attachments.&lt;br /&gt;
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====643.1.5.3.2 Aesthetics====&lt;br /&gt;
In reviewing a request for a bridge attachment, how the structure is viewed by the public will be considered. For example, is the structure over a scenic stream that is extensively used by canoeists, or does the structure span a road that may provide access to a park, campgrounds, or boat launching facilities? Is the structure a grade separation where the motoring public will see the attachment before they pass under it?&lt;br /&gt;
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====643.1.5.3.3 Method of Attachment====&lt;br /&gt;
In order to maintain structural integrity of any structures the following requirements will apply for attachments.&lt;br /&gt;
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=====643.1.5.3.3.1 Welding=====&lt;br /&gt;
Welding of hardware to structural steel members (i.e., flanges, webs, stiffeners, and diaphragms) whether in tension or compression is not permitted.&lt;br /&gt;
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=====643.1.5.3.3.2 Drilling=====&lt;br /&gt;
Drilling holes in any structural steel member is not permitted. Drilling holes for anchors into any prestressed concrete member is not permitted. Although permitted, drilling holes for anchors into the underside of bridge decks must be done with caution. It is recommended all anchors be installed to miss deck reinforcing steel. Generally, drilling into decks will not be allowed where sonotubes were used (voided slab bridges). The depth of the holes should be such that breaking out of the concrete on the top side of the deck does not occur.&lt;br /&gt;
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=====643.1.5.3.3.3 Corrosion=====&lt;br /&gt;
Attachment hardware will be new, properly coated to prevent corrosion or be of a non-corrosive material, and be designed to support the facility.&lt;br /&gt;
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====643.1.5.3.4 Location====&lt;br /&gt;
In general, attachments are made on the underneath side of the bridge deck. The condition of the bridge deck will dictate the location of the attachment supports. An exception may be attachments to trusses or other overhead structures.&lt;br /&gt;
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Attachments that may require manholes in bridge decks are not allowed.&lt;br /&gt;
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When attachments are required to structures over streams that may carry large drifts, they must be attached to the downstream side of the structure and above the lowest superstructure element. It is preferred to locate the attachment on the outside of the exterior girder. If aesthetics are a concern, a better appearance can be achieved by having the attachment made to the inside of the exterior girder and above the bottom of the lower flange to hide the conduit and the attaching hardware.&lt;br /&gt;
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Placement of utilities must not prevent the removal of old paint, the application of new paint on superstructure steel, or cause debris buildup, which could cause structural deterioration.&lt;br /&gt;
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====643.1.5.3.5 Construction and Maintenance====&lt;br /&gt;
If the attachment cannot be built while maintaining one (1) lane of traffic on the structure, it will not be allowed.&lt;br /&gt;
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Construction procedures that severely impact traffic may factor into the allowable location of the attachment on the structure.&lt;br /&gt;
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When scaffolding is to be attached or supported by bridge rails, bridge superstructure, or bridge substructure, the procedures for construction of the attachment must be reviewed.&lt;br /&gt;
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The utility owner or local entity will pay for, or be responsible for, the painting of the attachment, if necessary, when the bridge requires painting.&lt;br /&gt;
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==643.1.6 Private Lines==&lt;br /&gt;
Private lines are permitted to cross the right of way of a highway in the same manner as outlined for all utility facilities in above sections of this article. Parallel installations along the right of way of a highway are not permitted. Special conditions at a specific location that make adherence to this policy impractical will be submitted to the Chief Engineer for consideration of an acceptable alternative. In certain situations, it may be necessary to obtain approval from the Federal Highway Administration (FHWA) before approval to use the alternative can be given to the private utility owner.&lt;br /&gt;
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==643.1.7 Water and Sewer Separations==&lt;br /&gt;
The Missouri Department of Natural Resources (MoDNR) Safe Drinking Water Commission via 10 CSR 60-10 and Clean Water Commission via 10 CSR 20-8 govern the design of water and sewer lines in the vicinity of one another. Basic criteria are outlined below for information, and details are contained within the regulations. MoDOT is not responsible for providing or acquiring adequate right of way for utility owners to comply with MoDNR requirements.&lt;br /&gt;
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===643.1.7.1 Water and Sewer Separations===&lt;br /&gt;
====643.1.7.1.1 Horizontal====&lt;br /&gt;
Sanitary and storm sewers are to be laid at least ten feet (10’) horizontally measured from outside edge to outside edge from any existing or proposed water main. In cases where it is not practical to maintain ten feet (10’) of separation, installation of the water main closer to the sewer is acceptable where the water main is installed in a separate trench or on an undisturbed earth shelf located on one (1) side of the sewer at an elevation so the bottom of the water main is at least eighteen inches (18”) above the top of the sewer.&lt;br /&gt;
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===643.1.7.2 Crossings===&lt;br /&gt;
Water mains are to be laid to provide a minimum vertical distance of eighteen inches (18”) vertically measured outside edge to edge from sanitary or storm sewers. This is the case whether the water main is above or below the sewer. One (1) full length of water pipe must be located so both joints will be as far from the sanitary or storm sewer line as possible. Special structural support for the water main or sanitary or sewer main may be required.&lt;br /&gt;
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===643.1.7.3 Exception===&lt;br /&gt;
When it is impossible to obtain proper horizontal and vertical separation as stipulated, the sewer will be designed and constructed equal to water pipe and will be pressure-tested to assure it is watertight prior to backfilling.&lt;br /&gt;
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===643.1.7.4 Water Supply Interconnections===&lt;br /&gt;
No physical connection is permitted between a public or private potable water supply system and any sanitary or storm sewer or appurtenance that would permit the passage of any sewage or polluted water into the water supply. No water pipe is permitted to pass through or come in contact with any part of a sanitary sewer manhole.&lt;br /&gt;
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===643.1.7.5 Water Works Structures===&lt;br /&gt;
Sewers are not permitted to be installed within fifty feet (50’) in any direction from any existing or proposed public water supply well or other water supply sources or structures.&lt;br /&gt;
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==643.1.8 Variances==&lt;br /&gt;
Occasionally, it is impractical to locate a utility facility in accordance with requirements outlined in this article. MoDOT may consider a utility owner’s request for a variance from these requirements on a case-by-case basis. The utility owner should complete a [https://epg.modot.org/forms/general_files/DE/UtilityVarianceApprovalForm.docx Utility Variance Approval Form] to be submitted to MoDOT for consideration. Variances on the Interstate System require approval of the Federal Highway Administration (FHWA). A flow chart, [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_8_VarianceApprovalProcess.pdf EPG Figure 643.1.8], of the variance process is available.&lt;br /&gt;
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A variance will not be permitted just for the convenience of the utility owner. The utility owner requesting a variance must provide all necessary information to properly evaluate if a variance should be approved. For example, a utility owner requesting a variance because “the utility corridor is full” must explore all reasonable options. It is suggested that the requestor pothole the existing utility corridor to confirm the location of existing utility facilities and provide that data to support the need to locate outside of the utility corridor due to its congestion.&lt;br /&gt;
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===643.1.8.1 Variance Process===&lt;br /&gt;
Any utility owner of a public utility facility may apply for a variance. The process for requesting a variance is as follows:&lt;br /&gt;
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====643.1.8.1.1 Submittal Requirements====&lt;br /&gt;
Utility owners submit to the district utilities staff a written request for a variance using the [https://epg.modot.org/forms/general_files/DE/UtilityVarianceApprovalForm.docx Utility Variance Approval Form]. The utility owner must clearly show the provision(s) or guideline(s) for which the variance is being requested; the condition(s) which the utility owner believes warrant(s) the granting of a variance; a thorough explanation of the reason(s) for the requested variance, including sufficient and appropriate documentation of safety, aesthetic, or constructability constraints that would be adverse to the function, access, or maintenance of the utility facility and not in the best interest of the public.&lt;br /&gt;
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====643.1.8.1.2 MoDOT Consideration of Variance Request====&lt;br /&gt;
The utility owner bears full responsibility for demonstrating to MoDOT’s satisfaction that the variance is the most appropriate way to serve the public interest. MoDOT may present to the utility owner and the utility owner must consider reasonable alternatives to the variance requested by the utility owner. In determining whether to grant a variance, district utilities staff will consider all relevant factors including, but not limited to: the requested variance is reasonably necessary for the convenience, safety, health, and/or welfare of the public; there is an exceptional or undue burden or hardship on the specific applicant; a physical impracticability that would result from the applicant’s adherence to the normal location requirements; and the requested variance will not impair the safe construction, maintenance, operation, and safety of public travel on the highway. District utilities staff may consult with the Design Liaison Engineer in evaluating variances.&lt;br /&gt;
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====643.1.8.1.3 Approval of Variances====&lt;br /&gt;
Once district utilities staff have agreed to accept a variance proposed by the utility owner, the [https://epg.modot.org/forms/general_files/DE/UtilityVarianceApprovalForm.docx Utility Variance Approval Form] and all supporting documentation is sent to the District Design Engineer (DDE) for approval. If a variance is on interstate right of way, the DDE-signed Variance Request Form and all supporting documentation is forwarded to the Design Liaison Engineer who will forward to FHWA for their concurrence.&lt;br /&gt;
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====643.1.8.1.4 Variance Appeal Informal Hearing====&lt;br /&gt;
If denied a variance, the utility owner has thirty (30) calendar days to request an informal hearing for the purpose of appealing the denial. Requests must be made in writing to the State Design Engineer, Missouri Department of Transportation, P.O. Box 270, Jefferson City, MO 65102. If the utility owner requests an informal hearing, MoDOT’s authorized representative will advise the applicant of the time, date, and place of the hearing. The hearing is not a contested case under RSMo 536. The rules of evidence will not apply at the hearing, and MoDOT’s decision after the conduct of the hearing is not subject to further appeal.&lt;br /&gt;
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==643.1.9 Excess Right of Way==&lt;br /&gt;
Prior to conveyance of excess right of way, the status of utility facilities within said parcel must be addressed. See [[236.5_Property_Management#236.5.12_Excess_Land_Conveyances_&amp;amp;_Relinquishments_–_Regulated_Utilities|EPG 236.5.12]].&lt;br /&gt;
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==643.1.10 Broadband==&lt;br /&gt;
Broadband development in the state of Missouri is handled by the Department of Economic Development (DED). MoDOT shares its approved Statewide Transportation Improvement Program (STIP) project list with DED. All MoDOT policies related to placement of utility facilities within Commission right of way as outlined in this EPG article 643.1 are to be followed.&lt;br /&gt;
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&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643.2 Utilities in Program Delivery &#039;&#039;PAGE TITLE&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt; &lt;br /&gt;
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==643.2.1 Introduction==&lt;br /&gt;
Improvements to the highway system often require negotiation between the Commission and a city, a county, or a public or private utility owner. The Commission’s district utilities staff is responsible for coordination of highway improvement projects with the utility owner’s representative. The impact to a utility, the responsibility for the cost of adjustments necessary to allow highway construction, the plan of adjustment of the utility, the responsibility of performance of work on utility facilities, and the schedule of the utility adjustment are all items that vary depending on the project and should be investigated and negotiated to ensure highway improvement projects are delivered on-time and on-budget. These should comply with Commission policy. A flowchart [link here] outlining all the utility adjustment processes (reimbursable and non-reimbursable relocations, Master Reimbursable Utility Agreements and Project Specific Agreements, etc.) are available in the list of figures at the top of the page. These processes will not always be in combination, but each should be considered with each project.&lt;br /&gt;
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The district utilities staff, in conjunction with the Transportation Project Manager (TPM), is expected to invite and encourage participation of utility owner representatives in MoDOT project meetings as needed.&lt;br /&gt;
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When a project involves utility adjustments for which the Commission is responsible for costs, the TPM should program the costs of the utility adjustments as non-contractual construction costs in the STIP Information Management System (SIMS).&lt;br /&gt;
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==643.2.2 Annual Utility Meeting==&lt;br /&gt;
Each district should hold an annual meeting with utilities to discuss current STIP projects in the district. The annual meeting should be held during each year&#039;s STIP preparations, ideally between January and May. All utility owners that have utility facilities in the district should be invited. The intent is to provide the utility owners with an idea of upcoming projects to allow them the opportunity to plan and budget for potential adjustments of their utility facilities, identify both MoDOT and utility roadblocks, and develop action plans to complete utility adjustments better, faster, and cheaper.&lt;br /&gt;
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==643.2.3 Determination of Existing Utilities==&lt;br /&gt;
District utilities staff should determine the appropriate level of effort needed to accurately identify existing utilities within the footprint of a proposed highway construction project. Aboveground utilities are easily identifiable via field checks; however, determination of the precise location of underground utilities can be more challenging and time consuming. Therefore, the district utilities staff should balance the risk of conflict with the highway construction project against the level of effort needed to determine the location.&lt;br /&gt;
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The level of effort on mapping utilities is dependent on the scope of the project and the potential for utilities having an impact on the construction of the project. The project schedule should include the time to complete this task accurately. The time and effort necessary for having accurate locates requires close interaction with the utility locators. Early contact with utility owner representatives may be necessary to accurately locate underground utility facilities.&lt;br /&gt;
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Various methods of determining existing underground utilities result in different levels of quality. ASCE Standard 38 Standard Guidance for Investigating and Documenting Existing Utilities classifies four levels of quality:&lt;br /&gt;
:1. Quality Level D: QL-D is the most basic level of information for utility locations. It comes solely from existing utility records or verbal recollections, both typically unreliable sources. It may provide an overall &amp;quot;feel&amp;quot; for the congestion of utilities but is often highly limited in terms of comprehensiveness and accuracy. QL-D is useful primarily for project planning and route selection activities.&amp;lt;br&amp;gt;&lt;br /&gt;
: Missouri 811 or “private-locate” markings are to be considered to be QL-D.&lt;br /&gt;
:2. Quality Level C: QL-C is probably the most used level of information. It involves surveying visible utility facilities (e.g., manholes, valve boxes, etc.) and correlating this information with existing utility records (QL-D information). When using this information, it is not unusual to find that many underground utilities have been either omitted or erroneously plotted. Therefore, its usefulness is primarily on rural projects where utilities are not prevalent or are not too expensive to repair or relocate.&lt;br /&gt;
:3. Quality Level B: QL-B involves the application of appropriate surface geophysical methods to determine the existence and horizontal position of virtually all utilities within the project limits. This activity is called &amp;quot;designating&amp;quot;. The information obtained in this manner is surveyed to project control. It addresses problems caused by inaccurate utility records, abandoned or unrecorded utility facilities, and lost references. The proper selection and application of surface geophysical techniques for achieving QL-B data is critical. Information provided by QL-B can enable the accomplishment of preliminary engineering goals. Decisions regarding location of storm drainage systems, footers, foundations, and other design features can be made to avoid conflicts with existing utilities. Slight adjustments in design can produce substantial cost savings by eliminating utility relocations.&lt;br /&gt;
:4. Quality Level A: QL-A, also known as &amp;quot;locating or potholing&amp;quot;, is the highest level of accuracy presently available and involves the full use of the subsurface utility engineering services. It provides information for the precise plan and profile mapping of underground utilities through the nondestructive exposure of underground utilities, and provides the type, size, condition, material, and other characteristics of underground features.&lt;br /&gt;
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For projects with scopes that have potential for utility conflicts, the minimum level of effort required is SUE Quality Level D. Locations of existing utilities are determined by requesting locates through Missouri 811, also known as the “One-Call” process. Missouri 811 locating requests should be carefully considered for the scope of work of the project. When necessary, the location of existing utilities should be established by a field survey of locate markings and features and shown on the roadway plans. Higher level SUE Quality Levels can be used on any project. Adjustment cost savings, whether to the MoDOT or to the utility owner, are beneficial to the taxpayer. Good SUE projects are typically urban in nature, or in congested areas, where the project footprint is to be minimized, or anytime accurate vertical and horizontal location of the utility facility might allow a design to avoid the utility facility thus preventing the need for the adjustment. The SUE process combines civil engineering, surveying, and geophysics. It utilizes several technologies, including vacuum excavation and surface geophysics.&lt;br /&gt;
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When proposed excavation or installation of subsurface features (drainage, equipment bases, etc.) falls within three feet (3’) of a marked Missouri 811 line, soft digging (hand digging, potholing, vacuum methods, pressurized air/water jetting, pneumatic hand tools, etc.) is required to more exactly locate the utility facility both horizontally and vertically. Utility facilities present within the right of way by permit, should be investigated by the utility owner. Utility facilities that would be reimbursable or partially reimbursable as defined in EP 643.2.8 will be investigated by MoDOT.&lt;br /&gt;
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==643.2.4 Conflict Determination==&lt;br /&gt;
Determination of whether a conflict exists between an existing utility facility and a proposed highway improvement project should occur at the earliest possible stage of project development. A conflict may be the result of the physical interaction between the roadway infrastructure and utility facility, a reduction in cover or increase in fill over underground utilities, a reduction in horizontal clearance whether above or below ground, a reduction in overhead vertical clearance, paving over utilities, or restricting a utility owner’s access to its utility facilities. District utilities staff should work with utilities to determine if a conflict exists and the appropriate plan of adjustment to remedy the conflict. The adjustment to the utility may be a relocation or another measure that protects the utility or access to the utility from the proposed highway improvement project. Determination of a conflict needs to be continually re-evaluated as the project design progresses. Continuing coordination is essential.&lt;br /&gt;
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==643.2.5 Utility Plan of Adjustment==&lt;br /&gt;
===643.2.5.1 Request for Plan of Adjustment===&lt;br /&gt;
District utilities staff will request a plan of adjustment from utility owners whose utility facilities are in conflict with a proposed highway project. The plan of adjustment may consist of efforts to relocate the utility or otherwise protect a utility from the impacts of the proposed highway project. Utilities are shown on the roadway plan and profiles sheets that are furnished to utility owners for use in planning required utility adjustments. Any other sheets such as drainage, traffic signal, lighting, or ITS plans that show impacts to a utility facility should also be provided to the utility owners. All adjustments, reimbursable or not, require a plan of adjustment furnished by the utility owner.&lt;br /&gt;
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A transmittal letter is included in the request for a plan of adjustment. The letter informs the utility owner that regardless of whether an adjustment is reimbursable, no physical adjusting or relocating of their utility facilities to accommodate the proposed highway improvement is to be performed without specific approval and authorization. Additionally, if any part of the adjustment has the potential to be reimbursable, they are advised:&lt;br /&gt;
# They may undertake preliminary engineering by their own forces upon approval by district utilities staff of the estimated costs of preliminary engineering.&lt;br /&gt;
# They may employ a consultant to do the PE work provided they request and obtain prior approval. See [[#643.2.6_Preliminary_Engineering_Requirements|EPG 643.2.6 Preliminary Engineering Requirements]].&lt;br /&gt;
# Any preliminary engineering costs accrued prior to the date of written authorization to proceed will not qualify for reimbursement.&lt;br /&gt;
# Replacement right of way or easements cannot be purchased without specific approval and authorization.&lt;br /&gt;
&lt;br /&gt;
===643.2.5.2 Proposed Plan of Adjustment===&lt;br /&gt;
Developing a plan of adjustment is a multi-step process. The utility owner will propose a conceptual approach to adjusting the utility facilities to allow highway construction. This conceptual approach is used as the basis for determining cost responsibility, estimate of costs for preliminary engineering and construction, developing the agreement if necessary, and final design of the adjustment. Negotiations between district utility staff and the utility owner’s representative can result in changes to the design throughout the process.&lt;br /&gt;
&lt;br /&gt;
Final plans of adjustment must contain a legend on the first sheet identifying the utility symbols used. They must also show the existing utility facilities and their disposition, the location of the new or adjusted utility facilities, the existing and new right of way lines, the limited or fully controlled access symbols (where applicable), the existing and proposed roadways, ramps, and outer roadways and any other pertinent roadway information. They must contain sufficient details concerning location, elevation, compaction, clean up, etc. to provide for the proper adjustment of the utility facility. Relocated and/or existing utility facilities that will remain in place must be dimensioned or indicated in a manner to show their location in respect to the right of way lines. It is preferred that the utility owner transmits the plan of adjustment by electronic deliverables in a format that can be incorporated into the roadway plans. This will reduce the time and effort necessary as well as increase the accuracy of transferring this information into the roadway plans.&lt;br /&gt;
&lt;br /&gt;
Plans of adjustment received from the utility owner are to be checked for compliance with MoDOT’s requirements ([[#643.1_Utilities_Location|EPG 643.1 Utility Location]]) by the district utilities staff. They are also checked to ensure compatibility with the roadway design. Any continuing conflicts are resolved through negotiations with the utility owner.&lt;br /&gt;
&lt;br /&gt;
Occasionally, it is impractical to perform a utility adjustment in accordance with MoDOT’s requirements. Sometimes the utility may request approval of a plan of adjustment that does not conform to these requirements. Deviation from MoDOT’s utility requirements is a variance. Refer to [[#643.1.8_Variances|643.1.8 Variance Process]] for additional guidance.&lt;br /&gt;
The final plan of adjustment is included as Exhibit “A” to the agreement ([[#643.2.12_Utility_Agreements|EPG 643.2.12 Agreements]]).&lt;br /&gt;
&lt;br /&gt;
==643.2.6 Preliminary Engineering Requirements==&lt;br /&gt;
Preliminary engineering (PE) can be performed one of four ways for utility adjustments:&lt;br /&gt;
# The utility owner can use its own engineering forces.&lt;br /&gt;
# MoDOT can select an engineering consultant, after consultation with the utility owner, and the consultant contract will be administered by MoDOT.&lt;br /&gt;
# The utility owner can select an engineering consultant, with approval by MoDOT, and the consultant contract will be administered by the utility owner.&lt;br /&gt;
# If a utility adjustment is being included in a MoDOT administered construction contract, the preliminary engineering of the adjustment can be provided by MoDOT.&lt;br /&gt;
&lt;br /&gt;
For reimbursable utility adjustments, the amount paid to engineers, architects, and others for required engineering and allied services can be included in reimbursement amount provided such amounts are not based on a percentage of the costs of the necessary adjustments to allow highway construction. Reimbursement is available for contracts executed after solicitation of a consultant for the specific adjustment or existing continuing contracts when it is demonstrated that such work is performed regularly for the utility owner in its own work and that the costs are reasonable.&lt;br /&gt;
&lt;br /&gt;
A [https://epg.modot.org/forms/general_files/DE/UtilityConsultantContractChecklist.docx checklist is available for reviewing consultant-engineering contracts] to ensure the contract conforms to MoDOT policy and complies with applicable federal regulations. District utilities staff should use the checklist to review contracts and may consult with Audits and Investigations Division as necessary. The procedures in 23 CFR part 172, Administration of Engineering and Design Related Service Contracts may be used as a guide for reviewing proposed consultant contracts. [[:LPA:136.4_Consultant_Selection_and_Consultant_Contract_Management|EPG 136.4 Consultant Selection and Consultant Contract Management]] may also be used as a guide.&lt;br /&gt;
&lt;br /&gt;
===643.2.6.1 Solicited Consultant Contracts===&lt;br /&gt;
If solicitation of PE services is required for reimbursable utility adjustments, the utility owner must provide the following documents and information to district utilities staff. These documents need to be provided as soon as the utility owner has chosen to solicit a consultant. Document 1 must be supplied by all utility owners. Documents 2 and 3 are only required when the utility owner is a local government agency who is also a political subdivision of the state of Missouri (e.g., city-owned utilities, county-owned utilities). All other utility owners are encouraged, but not required, to provide Documents 2 and 3:&lt;br /&gt;
# A statement that the utility owner is not staffed or able to perform the required PE services with its own forces.&lt;br /&gt;
# Provide the names of at least three (3) consultants considered.&lt;br /&gt;
# The criteria used to evaluate each consultant and reasons why the selected consultant was selected.&lt;br /&gt;
&lt;br /&gt;
The following documents need to be provided as soon as the utility owner has successfully negotiated and entered into a contract with the consultant:&lt;br /&gt;
# The name and address of the selected consultant.&lt;br /&gt;
# A statement that the &amp;quot;[https://epg.modot.org/forms/general_files/DE/CertificationOfConsultant.docx Certification of Consultant]&amp;quot; will be furnished immediately upon award of the contract to the consultant.&lt;br /&gt;
# One executed copy of the proposed engineering contract or agreement between the utility owner and consultant, only if the engineering will exceed $5,000.00.&lt;br /&gt;
# The consultant&#039;s fixed (lump sum) or estimated fee (actual cost) and the contract maximum.&lt;br /&gt;
# A cost summary providing a detailed breakdown of the basis for the consultant&#039;s compensation, including estimated labor hours, hourly rates for each classification, overhead rate (if used), the amount of profit charged, and any other estimated charges such as travel expenses, equipment rentals, etc. If an overhead rate is used, the consultant must also submit the supporting overhead rate calculations.&lt;br /&gt;
# An independent cost estimate of engineering services provided by the utility owner to use in comparison to the consultant’s proposed engineering services to check for cost reasonableness.&lt;br /&gt;
&lt;br /&gt;
===643.2.6.2 Continuing Consultant Contracts===&lt;br /&gt;
When a utility owner chooses to use an existing continuing contract for PE services, the utility owner must provide the following documents and information to the district utilities staff as soon as possible.&lt;br /&gt;
# A statement that the utility owner is not staffed or able to perform the engineering with its own forces.&lt;br /&gt;
# The name and address of the consultant under the existing continuing contract.&lt;br /&gt;
# A statement that the &amp;quot;[https://epg.modot.org/forms/general_files/DE/CertificationOfConsultant.docx Certification of Consultant]&amp;quot; will be furnished.&lt;br /&gt;
# A copy of the continuing contract to the district utilities staff. The district utilities staff will review the contract for reasonableness of cost.&lt;br /&gt;
# The consultant&#039;s fixed (lump sum) or estimated fee (actual cost) and the contract maximum for the work associated with the utility adjustment.&lt;br /&gt;
# A cost summary providing a detailed breakdown of the basis for the consultant&#039;s compensation, including estimated labor hours, hourly rates for each classification, overhead rate (if used), the amount of profit charged, and any other estimated charges such as travel expenses, telephone, etc. If an overhead rate is used, the consultant must also submit the supporting overhead rate calculations.&lt;br /&gt;
# An independent cost estimate of engineering services provided by the utility owner to use in comparison to the consultant’s proposed engineering services to check for cost reasonableness.&lt;br /&gt;
&lt;br /&gt;
===643.2.6.3 Consultant Contract Changes===&lt;br /&gt;
If a PE services contract between a utility owner and a consultant needs to be revised, a copy of the revised contract, fee, and schedule should be submitted by the utility owner to the district utilities staff prior to allowing for contract changes. District utilities staff should review the contract changes to ensure the revised contract conforms to MoDOT policy and complies with applicable federal regulations.&lt;br /&gt;
&lt;br /&gt;
==643.2.7 Environmental and Right of Way==&lt;br /&gt;
===643.2.7.1 Utilities and Environmental Clearances===&lt;br /&gt;
District utilities staff should coordinate with the TPM and utility owner’s representative to understand and communicate on known environmental and cultural constraints that could impact a utility owner’s plan of adjustment. This will allow the utility owner to consider permitting timelines and alternatives that avoid environmental or cultural resources to keep the project on schedule.&lt;br /&gt;
&lt;br /&gt;
One strategy to make project delivery more efficient and ensure regulatory compliance is for MoDOT to obtain the environmental and cultural resource permits and clearances for the utility owners associated with a roadway improvement while obtaining its own. This would generally only be for the permits and regulatory clearances MoDOT already needs to pursue as a part of the transportation improvement.&lt;br /&gt;
&lt;br /&gt;
District utilities staff should coordinate with the utility owner’s representative early in the project timeline to determine if it is in the best interest of both MoDOT and the utility owner to obtain permits and environmental clearances jointly. The following strategies can be utilized to determine if a joint approach to environmental work should be pursued:&lt;br /&gt;
* If utility facilities are moving to a location within or immediately adjacent to MoDOT right of way, a utility owner may be invited to participate in permitting and environmental compliance activities.&lt;br /&gt;
* If utilities move to a location not within or adjacent to MoDOT right of way, the utility company would not normally be invited to participate in permit applications and environmental compliance activities. However, some unique projects may necessitate further attention and should be discussed with the Design Liaison Engineer.&lt;br /&gt;
&lt;br /&gt;
If MoDOT and the utility owner agree to obtain joint permits and clearances, written communication between the utility owner’s representative and the district utilities staff should document the following items:&lt;br /&gt;
* List of the permits and clearances that MoDOT will acquire on behalf of the utility owner.&lt;br /&gt;
* List of the information needed from the utility owner in order for MoDOT to acquire the permits and clearances.&lt;br /&gt;
* Schedule and deadlines for submittal of the information by the utility owner. For example: utility plans, fill quantities, construction methods, dates, or seasons of construction.&lt;br /&gt;
&lt;br /&gt;
Permits and clearances that may be needed by both a utility owner and MoDOT include:&lt;br /&gt;
* [[127.7_Threatened_and_Endangered_Species|Endangered Species Act consultation and clearance]]&lt;br /&gt;
* [[127.2_Historic_Preservation_and_Cultural_Resources#127.2.1.1_Historic_Preservation_Regulations_and_Laws|Section 106 of the National Historic Preservation Act clearance]]&lt;br /&gt;
* [[127.10_Section_4(f)_Public_Lands|Section 4(f) clearance]]&lt;br /&gt;
* [[127.10_Section_4(f)_Public_Lands#127.10.1.4_Section_6(f)_Laws_and_Regulations|Section 6(f) of the Land and Water Conservation Fund Act clearance]]&lt;br /&gt;
* [[127.4_Wetlands_and_Streams|Section 401 and Section 404 of the Clean Water Act permits]]&lt;br /&gt;
* [[:Category:806_Pollution,_Erosion_and_Sediment_Control#806.1_Introduction_(see_Sec._806)|Section 402 of the Clean Water Act permit (State Operating Permit for Erosion Control)]]&lt;br /&gt;
* [[127.8_Hazardous_and_Solid_Waste|Recommendations on contaminated soil disposition]]&lt;br /&gt;
&lt;br /&gt;
===643.2.7.2 Right of Way Acquisition and Utilities===&lt;br /&gt;
The Commission is obligated to acquire the width of right of way required by the design of the highway improvement. For utility facilities currently located within the Commission’s right of way, this includes the necessary space for the utility facilities impacted by the design of the highway improvement. Either additional right of way width to accommodate a utility corridor or a utility easement can be obtained for the relocation of utility facilities. When drainage easements are acquired along a channel, additional space for utility facilities should be considered to avoid conflicts between the utility facility and the bridge or culvert.&lt;br /&gt;
&lt;br /&gt;
District utilities staff should inform the utility owner’s representative of the potential of a conflict between an existing utility facility and a proposed highway construction project early in the project development process to allow sufficient time for the utility owner to prepare a plan of adjustment and notify the district utilities staff of any easement needs. When utility facilities are located on a utility owner’s private easement, the utility owner may obtain its own new easements. If the utility owner is not in a position to negotiate for new easements or if the utility owner’s policies will not permit it to condemn property to obtain the easement, MoDOT can acquire the easement in the same manner roadway right of way is obtained. The district utilities staff should verify the utility owner is aware of the opportunity to have MoDOT acquire the easement, and the utility owner should provide written documentation on whether the utility owner would like to pursue this option with MoDOT.&lt;br /&gt;
&lt;br /&gt;
For situations where the utility owner will obtain its own replacement right of way and the cost of the adjustment is MoDOT’s responsibility, the utility right of way cost should be reviewed by the district right of way department to ensure the cost is reasonable and acquisition followed state and federal regulations. In order to expedite utility adjustments necessary to allow highway construction, the district utility staff may authorize the utility owner to obtain easements prior to all details of a plan of adjustment being developed. In this situation, the district utilities staff should ensure enough details are known to justify the needed right of way, and an agreement for right of way costs only should be executed with the utility owner.&lt;br /&gt;
&lt;br /&gt;
For situations where MoDOT will obtain the right of way necessary to allow highway construction, district utility staff should negotiate with the utility owner’s representative to ensure all necessary utility easements are shown on the approved right of way plans. The TPM should confirm with district utilities staff that the right of way plans accurately reflect the needs of the utility owners prior to requesting right of way plan approval. The district Right of Way Manager should confirm with district utilities staff before requesting an acquisition date (A-date). Every effort should be made to avoid adding utility easement requests once negotiations with property owners have begun.&lt;br /&gt;
&lt;br /&gt;
Occasionally, when negotiations cannot be completed for easements for the adjustment of utility facilities, it may be necessary to condemn for the property. District utilities staff should coordinate with the utility owner’s representative to ensure no alternate design for the adjustment of the utility facility is practical. The decision to condemn for easements for the adjustment of the utility facilities requires the exercise of good judgment in reaching the conclusion that further good faith negotiations are futile and condemnation is necessary to maintain the project in the scheduled letting. The TPM should coordinate with the district utilities staff and district Right of Way (RW) personnel on the condemnation proceedings.&lt;br /&gt;
&lt;br /&gt;
Easement and other right of way documents used with utility owners are handled in accordance with procedures established jointly with RW and district utilities staff. District survey staff prepare the land descriptions for use in utility easements. The district utilities staff is responsible for completion of the easements in the correct form and scope. A sketch delineating the area described is attached to the easement as Exhibit “A”. Communication with the Design Division will ensure use of proper forms, corporate names and locations, and particular wording required for joint ownerships. The description for a utility easement is to be referenced to the nearest land corner shown on the plans. Examples of easements can be found in the template list in [https://netprod3.dot.missouri/eAgreements/Search/QuickSearch eAgreements].&lt;br /&gt;
&lt;br /&gt;
In situations where MoDOT is acquiring right of way with existing utility easements, but the district utilities staff and the utility owner’s representative agree that the utility facility may remain in place, the utility owner will release the property to the Commission separate from the right of way acquisition. This is done by executing an Easement for Highway Construction (UT16). The utility owner grants and conveys, with warranty of title expressed or implied, to the Commission, the right to construct, reconstruct, and maintain a highway over and across that portion of the easement owned and held by the utility owner. In the future, the utility owner retains any reimbursable rights should future projects require adjustments to allow highway construction.&lt;br /&gt;
&lt;br /&gt;
==643.2.8 Cost Responsibility==&lt;br /&gt;
In addition to determining if a conflict exists between an existing utility facility and a highway improvement project, it is important to determine who is responsible for the costs of the necessary adjustments to allow highway construction. An adjustment for which the Commission is responsible for the costs is known as a reimbursable adjustment. An adjustment for which the Commission is not responsible for the costs is known as a non-reimbursable adjustment. An adjustment for which the Commission and the utility share responsibility for costs is known as a partially reimbursable adjustment. Adjustments determined to be reimbursable or partially reimbursable by the Commission are to be completed under the terms of an agreement executed between the utility owner and the Commission.&lt;br /&gt;
&lt;br /&gt;
===643.2.8.1 Commission Responsibility===&lt;br /&gt;
====643.2.8.1.1 Utility Facilities Located on Private Easements====&lt;br /&gt;
When the utility facility is located on a private easement within the new right of way to be acquired for a future project, the Commission is responsible for the cost of the necessary adjustments to allow highway construction. It may be possible that such easement does not have written easement rights. The Commission will honor this oral right provided acceptable documentation is provided by the utility owner to the district utilities staff. An [https://epg.modot.org/forms/general_files/DE/NonwrittenEasementRights_Example.docx example of acceptable documentation for not written easement rights] is available. Other forms of documentation will be considered on an individual basis.&lt;br /&gt;
&lt;br /&gt;
=====643.2.8.1.1.1 Future Moves=====&lt;br /&gt;
When the utility facility is located on a private easement, taken into the Commission’s right of way, the Commission may agree that any future moves of the same utility by Commission order may be made at the Commission’s cost. Documentation of this agreement is by an Easement for Highway Construction (UT16) agreement. If the Commission provides a substitute private easement, then the Commission will have future obligations consistent with the utility facility’s status in an easement.&lt;br /&gt;
&lt;br /&gt;
====643.2.8.1.2 Utility Facilities Located within Commission Right of Way====&lt;br /&gt;
When the utility facility is located within Commission right of way, but has prior land rights, the Commission is responsible for the cost of adjustments to allow highway construction. The utility owner is responsible for documenting to the satisfaction of the district utilities staff, the basis for the claim of prior land rights within Commission right of way. Time spent researching prior rights is considered coordination and is reimbursable.&lt;br /&gt;
&lt;br /&gt;
====643.2.8.1.3 City or County Utility Facilities on City or County Streets====&lt;br /&gt;
When roadway improvements are within the corporate limits of cities, towns, and villages, a municipal agreement is negotiated between the Commission and the municipality. Likewise, when roadway improvements are within the limits of a county and outside the municipal limits, a county agreement is negotiated between the Commission and the County Commission. Included in these agreements are provisions regarding reimbursement for adjusting city or county owned utility facilities. Reimbursement is provided for adjustment of city or county owned utility facilities that are now located on city or county streets and not on Commission right of way.&lt;br /&gt;
&lt;br /&gt;
====643.2.8.1.4 Lumen====&lt;br /&gt;
Lumen – National (formerly CenturyLink, Lightcore, or Digital Telephone, Inc. (DTI)) and the Commission have entered into a partnership agreement, “Amended and Restated Fiber Optic Cable on Freeways in Missouri,” executed June 5, 2003 which obligates the Commission to be responsible for the cost of the necessary adjustments to allow highway construction along the routes identified in the agreement. A copy of the agreement is available to district utilities staff.&lt;br /&gt;
&lt;br /&gt;
====643.2.8.1.5 Services to the Commission====&lt;br /&gt;
When a utility facility provides a service connection to local Commission facilities such as power to traffic signals, lighting, ITS, and cathodic protection and phone drops to traffic signal controllers or other Commission facilities, the Commission is responsible for the cost of the necessary adjustments to allow highway construction.&lt;br /&gt;
&lt;br /&gt;
====643.2.8.1.6 Private Service Lines====&lt;br /&gt;
While most utility owners reconnect the private service lines at no cost to the property owner, some do not. If a utility owner does not reconnect service lines, MoDOT can include adjustment of private service lines in roadway contracts. Bid items for relocating service connections are provided for the different types of anticipated adjustments.&lt;br /&gt;
&lt;br /&gt;
====643.2.8.1.7 Second Moves====&lt;br /&gt;
If the Commission requires additional work to a utility facility after the facility has been relocated or adjusted in accordance with a plan of adjustment approved by the Commission for a single project number, the Commission is responsible for the cost of the additional work regardless of whether the initial adjustment was Commission responsibility as outlined in other parts of [[643.2_Local_Utility_Adjustments_-_Public_and_Private#643.2.8.1_Federalizing_Funds_for_Preliminary_Engineering|643.2.8.1]].&lt;br /&gt;
&lt;br /&gt;
The purpose of the policy is to encourage utilities to relocate early rather than waiting until plans are published for bidding. The policy eliminates the utility having to relocate twice at its own expense because of late changes in the design. It is best to have utilities relocated prior to construction, and this policy helps achieve that goal. Therefore, it is imperative that the designer notifies district utilities staff as soon as possible of any changes made after these plans have been sent. If notified immediately, it may be possible to inform the utility owner prior to their final design thereby eliminating a second move.&lt;br /&gt;
&lt;br /&gt;
Under this policy, the following are not considered second moves. Temporary and staged relocations necessary to accommodate construction and agreed upon by the utility and the Commission prior to relocation are considered a single move and are not subject to the provisions of the second move policy. If the Commission requires adjustment of a utility facility for which the utility owner is responsible for the cost of the adjustment and was originally determined to not need adjustment, the utility owner is responsible for the cost of the adjustment. The utility owner is responsible for the cost of additional work to any portion of the utility facility after the utility facility has been adjusted in accordance with a plan of adjustment approved by the Commission if the additional work is required by the Commission due to error by the utility owner in preparation of plan of adjustment, field location of, or construction of the adjustment of the utility facility.&lt;br /&gt;
&lt;br /&gt;
When evaluating construction contract changes by change order or value engineering, the impacts of the second move policy should be considered.&lt;br /&gt;
&lt;br /&gt;
===643.2.8.2 Utility Owner Responsibility===&lt;br /&gt;
====643.2.8.2.1 Utility Facilities Owned and Operated by a Political Subdivision====&lt;br /&gt;
When a utility facility is located within Commission right of way, but does not have prior land rights, the utility owner is responsible for the cost of the necessary adjustments to allow highway construction. When a utility facility is located on public right of way other than Commission right of way, the utility owner is responsible for the cost of the necessary adjustments to allow highway construction.&lt;br /&gt;
&lt;br /&gt;
When a political subdivision must bear part or all the cost of adjustments to their utility facilities, and the cost creates a financial hardship, the Commission, by its authorized representative, the Chief Engineer, may temporarily assume these costs. A payback agreement with the political subdivision will include an applicable interest rate for a comparable maturity from a widely published index of tax-exempt municipal rates obtained from Financial Services. Payback time will not exceed five (5) years.&lt;br /&gt;
&lt;br /&gt;
====643.2.8.2.2 Utility Facilities Other Than Those Owned by a Political Subdivision====&lt;br /&gt;
When a utility facility is on the right of way of a public road or street or on state highway right of way without prior land rights and adjustment is necessary to allow for the construction of a roadway improvement, the utility owner is responsible for the cost of the necessary adjustments to allow highway construction.&lt;br /&gt;
&lt;br /&gt;
===643.2.8.3 Shared Responsibility===&lt;br /&gt;
When a utility facility is located such that portions of it are a Commission responsibility and portions of it are a utility owner responsibility by the definitions above, the costs of the necessary adjustments to allow highway construction will be split by the Commission and the utility owner. If the exact cost for each party can be determined, each party will be responsible for their portion of the cost of relocating the utility facility. If the exact cost for each party cannot be determined, the parties will arrive at a percentage reimbursement on an equitable basis.&lt;br /&gt;
&lt;br /&gt;
===643.2.8.4 Notice of Hearing===&lt;br /&gt;
When relocation or other difficulties with utility facilities on public right of way arise that prevent resolution by negotiation, formal hearings will be required.&lt;br /&gt;
&lt;br /&gt;
The district initiates a request for a utility relocation hearing with a letter to the Chief Counsel’s Office (CCO) (a copy is provided to the Design Division) requesting a hearing date. CCO will arrange for a hearing room, court reporter, etc. and advise the district of the hearing date.&lt;br /&gt;
&lt;br /&gt;
The district will prepare the notice of hearing by strictly following the given format and serve the notice on all persons and utility owners listed. The property and utility owner must be served only by personal service or by mailing a certified letter, return receipt requested, no later than 15 days before the date of hearing. This will require the district to make every effort to identify the correct property owner before preparing the notice of hearing. To avoid delays, every attempt will be made to issue the hearing notice at least 30 days prior to the hearing date in case any property has changed ownership and any additional property owners must be served. A notice of hearing on service line connections will also be served on the private or public owner of the main or distribution line to which the service lines are connected. A notarized &amp;quot;Report of Personal Service&amp;quot; will be completed when notification by certified mail is not used.&lt;br /&gt;
&lt;br /&gt;
One copy of the hearing notice and attachments, &amp;quot;Report of Personal Service&amp;quot; and certified mail notices are to be submitted to CCO after notification is complete.&lt;br /&gt;
&lt;br /&gt;
Prior to the hearing, the district&#039;s representative will become familiar with the details of the utility adjustment in order to provide concise testimony to expedite the hearing process. CCO will assign an attorney to work with the district and present the case.&lt;br /&gt;
&lt;br /&gt;
Refer to 7 CSR 10-3.030 020 Utility Relocation Hearings for additional information.&lt;br /&gt;
&lt;br /&gt;
A Waiver of Hearing should be obtained for non-reimbursable adjustments to document the commitment of the utility owner to adjust its utility facilities without adversely impacting the highway construction project. This may be accomplished informally via written communications between the district utilities staff and the utility owner’s representative. A [https://epg.modot.org/forms/general_files/DE/WaiverOfHearingForm.docx formal Waiver of Hearing statement] may be requested by either MoDOT or the utility owner. A [https://epg.modot.org/forms/general_files/DE/WaiverOfHearingLetter.docx sample transmittal letter for the Waiver of Hearing] is available. For reimbursable or partially reimbursable adjustments, the formal agreement serves as the basis of documentation of this commitment.&lt;br /&gt;
&lt;br /&gt;
==643.2.9 Estimates==&lt;br /&gt;
District utilities staff will negotiate with utility owners to determine reimbursable costs of the necessary adjustments to allow highway construction ([[#643.2.8_Cost_Responsibility|EPG 643.2.8 Cost Responsibility]]). These estimates are prepared in accordance with the provisions of 23 CFR 645 and any amendment thereto. These estimates must reflect the same procedures and costs used by the utility owners in their normal operations and must also accurately represent the expected costs of the work. The utility owner’s estimate will be reviewed by the district utilities staff to ensure compliance with 23 CFR 645.&lt;br /&gt;
&lt;br /&gt;
===643.2.9.1 Independent Cost Estimate===&lt;br /&gt;
The independent cost estimate provides the basis for district utilities staff to review the utility owner’s estimate of costs of the necessary utility adjustments to allow highway construction and any subsequent negotiations with the utility owner. The district utilities staff should prepare an independent cost estimate. The independent cost estimate may be based on unit prices of anticipated items of work in a utility adjustment necessary to allow highway construction. The independent cost estimate alternately may be based on recent similar types of utility adjustments necessary to allow highway construction and scaled for size. Consultants can be used to develop the independent cost estimate. All documentation of the independent cost estimate should be placed in MoProjects.&lt;br /&gt;
&lt;br /&gt;
===643.2.9.2 Type of Project Cost Estimates===&lt;br /&gt;
Either Actual Cost or Lump Sum estimates may be used for estimating the costs on the necessary utility adjustments to allow highway construction. If an Actual Cost estimate is used, detailed records of materials, labor, and equipment are made by district utilities and/or construction staff during construction, and a final audit of the utility owner’s cost records is made to determine the Commission’s actual responsibility for costs of the adjustment completed to allow highway construction. If a Lump Sum estimate is used, a final audit of costs for an adjustment in payment is not required. The Actual Cost method requires more detailed record keeping and documentation by the utility owner and district staff during construction. The Lump Sum method requires more upfront detail and work by the utility owner and judgment on the district utilities staff on the acceptability of the cost. The district utilities staff will work with the utility owner’s representative to determine the best type of estimate and therefore agreement to use.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.2.1 Actual Cost Estimate====&lt;br /&gt;
The cost estimate that supports the actual cost agreement is prepared in sufficient detail to determine the reasonable expected cost of the work to support development of an agreement between the utility owner and the Commission. However, reimbursement is based on the actual costs of design and construction of the necessary adjustment to allow highway construction. The actual cost estimate should detail all costs of the necessary adjustment to allow highway construction, even if the Commission is only responsible for a portion of the costs as detailed in EPG [[#643.2.8.3_Shared_Responsibility|643.2.8.3 Shared Responsibility]].&lt;br /&gt;
&lt;br /&gt;
Actual cost estimates can be used for any dollar amount of reimbursement.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.2.2 Lump Sum Estimates====&lt;br /&gt;
The cost estimate that supports the lump sum agreement must be accurate, comprehensive, verifiable, and in sufficient detail to present a clear picture of the work involved and the cost of the individual items. The estimate may cover only that portion of the adjustment for which the Commission is responsible for the costs of the necessary utility adjustments to allow highway construction.&lt;br /&gt;
Lump sum estimates are limited to a maximum of $200,000 of Commission responsibility of costs of the necessary utility adjustments to allow highway construction; however, exceptions may be made for special situations that have prior approval from Design Division. These exceptions usually cover major relocations for which the Commission&#039;s proportionate responsibility is extremely small.&lt;br /&gt;
&lt;br /&gt;
===643.2.9.3 Utility Cost Estimate Requirements===&lt;br /&gt;
Whether using an Actual Cost or Lump Sum estimate, the following should be included in the estimate, if applicable. If any of the following sections are not included in the estimate, a qualifying statement as to why the costs were not included should be provided.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.1 Scope of Work====&lt;br /&gt;
All estimates require a concise summary of the work to be performed on the estimate. An example is &amp;quot;an estimate of cost covering the work of relocating Company&#039;s 12-inch Cushing-Woodriver pipeline to accommodate construction of Route 47 in Franklin County on Job No. J6P0172&amp;quot;.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.2 Engineering Costs====&lt;br /&gt;
Costs of engineering, whether preliminary or construction, must be shown as separate items and are not to be included with &amp;quot;labor costs&amp;quot;. Concurrent cost accounting procedures of FHWA and MoDOT make this a necessity. See [[#643.2.6_Preliminary_Engineering_Requirements|EPG 643.2.6 Preliminary Engineering]] and [[#643.2.16.2_Construction_Contract_Requirements|EPG 643.2.16.2 Construction Contract Requirements]] for further information.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.3 Right of Way Costs====&lt;br /&gt;
A detailed estimate of the cost to acquire replacement easements by the utility owner is required. The cost should be supported by a right of way plan.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.4 Material Costs====&lt;br /&gt;
Quantities, description of the item, the unit cost, and the extended totals are shown. Percentage computations will be shown immediately following &amp;quot;total cost&amp;quot; so the utility owner’s and Commission&#039;s cost obligations are properly indicated. Unit assembly costs similar to those used by several of the rural electric association (R.E.A.) cooperatives are acceptable, provided the same units and charges are used in the utility owner’s regular operations. A handling charge conforming with the utility owner’s regular procedures may also be included.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.5 Labor Costs====&lt;br /&gt;
Hours, individual or crew rates, and extended totals are shown. Payroll additives such as insurance, retirement, social security, vacation, and other benefits are shown as a separate item under this heading in accordance with utility owner’s regular procedures. Adequate explanation must be given for total percentage used, especially in those cases where materials and labor are combined as unit costs or where labor percentages include additives and equipment requirements.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.6 Equipment Costs====&lt;br /&gt;
A description of the equipment to be used must be shown jointly with the number of hours to be charged. Rates charged for equipment usage must be justified by the utility owner’s established accounting procedures. When the utility owner does not have an established accounting procedure or a capitalization and depreciation schedule that is used in its own operations, the rates are to be established by using rental rate publications as a guide. A reasonable amount will be deducted, when using rental rate schedules, for profit that the rental company realizes. A full explanation of the methods used in establishing the rates must also be submitted to support the utility owner’s request and with approval of the district utilities staff.&lt;br /&gt;
&lt;br /&gt;
Equipment may be rented when the utility owner’s equipment is not available or is inadequate, with the rental rate justified by appropriate solicitation of bids. See [[#643.2.16.2_Construction_Contract_Requirements|EPG 643.16.2 Construction Contract Requirements]] for further information.&lt;br /&gt;
&lt;br /&gt;
Unusual accounting procedures may be accepted with adequate prior explanations and approval of the Design Division.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.7 Removal Costs====&lt;br /&gt;
These costs are estimated and shown in a similar method but separately from installation costs. When removal costs exceed salvage credits by more than the estimated cost of removal by the roadway contractor, an effort should be made to persuade the utility owner to abandon the utility facilities in place. An exception is made when the utility owner is required to remove abandoned utility facilities because of liability, hazard, or by specific agreement with the Commission. Abandoned utility facilities can be included with the miscellaneous removals in the roadway contract. It may be possible for the utility owner to remove those portions of the utility facility for which credits will exceed removal costs, with the remainder of the utility facility to be abandoned for removal in the roadway contract. Materials removed must be itemized, with the utility owner’s customary salvage credit given. Items to be scrapped or junked should be indicated. Whenever a utility facility or portion thereof is shown to be abandoned on the plan of adjustment, the roadway plans should be notated accordingly. This eliminates ownership problems if these utility facilities are removed or salvaged by the roadway contractor.&lt;br /&gt;
&lt;br /&gt;
When the utility facility is no longer needed and removal is necessary to accommodate the roadway project, the removal of the item may be handled either as a right-of way-item or a utility adjustment. When handled as a right of way item, the damages allowed are to equal the depreciated value of the utility facility, with the necessary removals being accomplished by the roadway contractor. If accomplished as a utility adjustment, the Commission, by utility agreement, will reimburse the utility owner for removal costs and receive salvage credit for the material removed, up to but not exceeding removal costs.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.8 Salvage of Removed Materials====&lt;br /&gt;
This statement, to explain the salvage credit or lack of credit, will reflect routine utility owner policy as well as the particular situation. The utility owner will place a value on any recovered material for salvage. District utilities staff should check this value for reasonableness. Examples of salvage statements include:&lt;br /&gt;
* Existing utility facilities to be abandoned in place, since the cost of salvaging, based on our past experience, will exceed their value.&lt;br /&gt;
* Only those items will be salvaged for which salvage credit will exceed the cost of removal and salvage.&lt;br /&gt;
* Company liability requires removal of the retired utility facilities, even though the cost of removal will exceed allowable credit for salvage.&lt;br /&gt;
* Salvage credits are in accordance with established company accounting procedures.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.9 Accrued Depreciation Credits====&lt;br /&gt;
Credit is required for the accrued depreciation of a utility facility that is being replaced. Examples are a building, structure, pumping station, filtration plant, power plant, substation, or other similar operational unit. Credit for accrued depreciation will not be required for a segment of the utility&#039;s service, distribution, or transmission lines. It is also not required when the building or structure is being moved as necessitated by the highway project. Acceptable accrued depreciation credit will be determined by using the following formula:&lt;br /&gt;
&amp;lt;math&amp;gt;\frac{\text{Actual Length of Service of Replaced Facility (Years)}}{\text{Total Estimated Service Life of Replaced Facility (Years)}} x&amp;lt;/math&amp;gt;&amp;lt;span style=&amp;quot;font-family: &#039;Times New Roman&#039;, Times, serif; font-size: 130%;&amp;quot;&amp;gt; Original Cost ($) = Credit ($)&amp;lt;/span&amp;gt;&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.10 Betterment Credits====&lt;br /&gt;
Betterment means the upgrading of the utility facility being relocated, made solely for the benefit of and at the election of the utility owner and is not attributable to the roadway improvement. Credit to the Commission is required for the additional costs incurred for the betterments introduced in the adjusted utility facility. No betterment credit is required for additions or improvements which are:&lt;br /&gt;
* Required by the highway project&lt;br /&gt;
* Replacement devices or materials that are of equivalent standards although not identical&lt;br /&gt;
* Replacement of devices or materials no longer regularly manufactured with next highest grade or size&lt;br /&gt;
* Required by law under governmental and appropriate regulatory commission code&lt;br /&gt;
* Required by current design practices regularly followed by the utility owner in its own work, and there is a direct benefit to the highway project&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.11 Overhead Costs====&lt;br /&gt;
Overhead costs are usually a percentage of the total labor cost. This item must be in accordance with the utility owner’s established accounting procedures, which in some cases may include handling costs or be a percentage of the total cost of the work involved. Additional attention to overhead costs is required when the rate is different from previously accepted rates. Occasionally, it can be difficult to obtain the necessary information at the time of the estimate to approve the overhead rates. In this situation, the estimate can be approved with exception of the overhead rates for payment. The utility owner is informed of this matter with the understanding that the overhead rates could be approved and paid with submission of appropriate supporting data and Financial Services audit review.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.12 Prorating Costs====&lt;br /&gt;
The need for prorating utility adjustment costs occurs when both the Commission and the utility owner are responsible for a portion of the utility adjustment necessary to allow for highway construction, and the actual costs for reimbursement in each category cannot be explicitly determined. Generally, the following conditions require division of costs:&lt;br /&gt;
* The adjustment is considered partially reimbursable per [[#643.2.8.3_Shared_Responsibility|EPG 643.2.8.3 Shared Responsibility]]&lt;br /&gt;
* Betterments are included in the necessary adjustment of the utility facility&lt;br /&gt;
&lt;br /&gt;
The district utilities staff should negotiate with the utility owner’s representative to determine an equitable basis for the prorating of costs based on the characteristics of the utility adjustment necessary to allow for highway construction.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.13 Costs Records====&lt;br /&gt;
The estimate should include a statement as to where the utility owner’s cost records may be reviewed. An example: &amp;quot;Company cost records will be available in our office at 2134 Industrial Avenue, Tulsa, Oklahoma&amp;quot;.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.14 Other====&lt;br /&gt;
Additional statements will explain or further clarify the work that is included. Such other items may include bypasses, special equipment, need for larger utility facilities, etc.&lt;br /&gt;
&lt;br /&gt;
==643.2.10 Schedule==&lt;br /&gt;
Timely adjustments of utility facilities are essential for efficient completion of highway construction projects. Ideally, all utility adjustments are completed prior to a project’s Plans, Specifications, and Estimate (PS&amp;amp;E) submittal to Central Office. Depending on the specifics of the highway construction and utility adjustment necessary, early completion of the utility adjustment may not be practical. The district utilities staff should negotiate with the utility owner to determine the schedule parameters necessary for the utility adjustment. At a minimum, the utility owner should document the dates it anticipates starting and completing the work. If a utility adjustment depends upon the completion of a portion of the highway construction, the necessary milestone for starting the utility adjustment should be documented along with an anticipated number of working days to complete the utility adjustment. The schedule is included as Exhibit “C” to the agreement.&lt;br /&gt;
&lt;br /&gt;
==643.2.11 Pre-Audits==&lt;br /&gt;
The district utility staff performs a pre-audit review and approval prior to preparation of the agreement. A [https://epg.modot.org/forms/general_files/DE/PreAuditChecklist.docx pre-audit checklist] should be completed and saved in MoProjects.&lt;br /&gt;
&lt;br /&gt;
==643.2.12 Utility Agreements==&lt;br /&gt;
Whenever the Commission is responsible for the cost of the necessary adjustments to allow highway construction, an agreement is required. If a Master Reimbursable Utility Agreement (see [[#643.2.12.2_Master_Reimbursable_Utility_Agreements|EPG 643.2.12.2]]) has not been executed with the utility owner, a Project Specific Agreement (see [[#643.2.12.3_Project_Specific_Agreements|EPG 643.2.12.3]]) is executed between the utility owner and the Commission. In some cases, it may be more practical for the Commission to include adjustment of utilities into a Commission administered contract. A Utility Agreement - Actual Cost (For Utility Work That is to be Included in the Missouri Highways and Transportation Commission&#039;s Road Project) (see [[#643.2.12.4_Agreement_for_Utility_Work_Included_in_Roadway_Improvement_Project|EPG 643.2.12.4]]). Agreements include a plan of adjustment (Exhibit “A”), cost estimate (Exhibit “B”), and schedule (Exhibit “C”).&lt;br /&gt;
&lt;br /&gt;
The Utility Agreement boilerplate forms have been approved by the Chief Counsel’s Office (CCO). They are identified in the upper left-hand corner of each agreement by an identifier such as CCO Form: UT01 for the Master Reimbursable Utility Agreement. CCO updates these agreements as necessary. They serve as a guide in the preparation of the agreement to be executed with the utility owner for the adjustments required to their utility facilities to accommodate the proposed roadway improvement project. District utilities staff should use the latest version of the agreement found in [https://netprod3.dot.missouri/eAgreements/Search/QuickSearch eAgreements] in drafting an agreement with utility owners. A list of utility agreements and detailed information concerning the sequence for preparing and executing an agreement is available in EPG [[:Category:153_Agreements_and_Contracts|153 Agreements and Contracts]].&lt;br /&gt;
&lt;br /&gt;
These forms are to be used word for word. Revisions or additions are only made to address specific project details. The intent of each paragraph must be retained, although specific words may be revised to fit the particular situation. No paragraphs are deleted without prior approval from CCO. For guidance on acceptance of liability, refer to the [[:Category:153_Agreements_and_Contracts#153.1.1.2_Acceptance_of_Liability_Policy_(MoDOT_Access_Only)|Acceptance of Liability Policy]] at the CCO SharePoint page. Drafts of agreements having major revisions or complications are to be submitted, with supporting data, to Design Division for comment and approval.&lt;br /&gt;
&lt;br /&gt;
A reference to 23 CFR 645 is included in all agreements. Utility owners must be acquainted with these requirements and procedures. The incorporation of 23 CFR 645 by reference in all agreements eliminates the need for a second set of regulations to be included in the document.&lt;br /&gt;
&lt;br /&gt;
The agreement for the adjustment of a utility is prepared by the district utilities staff and submitted to the utility owner for execution. The agreement is based on the plan, estimate of cost which was prepared in accordance with 23 CFR 645, and schedule. Authorized individuals representing the utility owner will execute the agreement. The agreement must be signed, sealed, and if necessary, notarized by the utility owner. If the utility owner does not have or use a corporate seal, write &amp;quot;NO SEAL&amp;quot; under the signatures of the owner’s officers. Agreements with political subdivisions are to be supported by an appropriate ordinance, a copy of which is to be submitted with the executed agreements. All copies will be forwarded to the CCO for further handling. A fully executed copy of the agreement will be retained in eAgreements. If the agreement was executed using electronic signatures, the district utilities staff should forward an electronic copy of the fully executed agreement to the utility owner. If the agreement was executed using wet signatures, one (1) paper copy of the fully executed agreement will be returned by the Commission Secretary’s Office to the district utilities staff. The district utilities staff will forward this copy to the utility owner.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.1 Buy America Build America Requirements===&lt;br /&gt;
All agreements contain information on Buy America Build America (BABA) compliance. The utility owner should select the method of certification (See [[#643.2.19_Buy_America_Build_America_for_Utilities|EPG 643.2.19]]) at the time of agreement completion. The appropriate paragraph will be inserted into the agreement. All BABA compliance documents must be retained by the utility owner and made available upon request at no cost to the Commission and/or FHWA.&lt;br /&gt;
&lt;br /&gt;
====643.2.12.1.1 Utility Owner Self-Certification====&lt;br /&gt;
The City/Company certifies that when determining products/materials subject to Buy America Build America requirements to use in the performance of this Agreement, it shall use only such products/materials for which it has received a certification from its supplier, or provider of construction services that procures the product/material, certifying compliance with Buy America Build America requirements. This does not include products/materials for which waivers have been granted pursuant to 23 CFR 635.410. The City/Company will not be required to provide the Commission copies of the supplier certification as part of this Agreement or with the final invoice of said Commission’s Federal-Aid Highway Construction Project.&lt;br /&gt;
&lt;br /&gt;
====643.2.12.1.2 Vendor/Manufacturer Certification====&lt;br /&gt;
The City/Company certifies that when determining products/materials subject to Buy America Build America requirements to use in the performance of this Agreement, it shall use only such products/materials for which it has received a certification from its supplier, or provider of construction services that procures the product/material, certifying compliance with Buy America Build America requirements. This does not include products/materials for which waivers have been granted pursuant to 23 CFR 635.410. The City/Company shall provide to the Commission all Buy America compliance documents as outlined in the Commission’s Engineering Policy Guide 643. All required compliance documents shall accompany the final invoice submitted to the Commission.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.2 Master Reimbursable Utility Agreements===&lt;br /&gt;
The UT01: Master Reimbursable Utility Agreement (MRUA) is a statewide agreement that has been executed by the utility owner and the Commission for all future reimbursable utility adjustments between both parties. Once a MRUA is executed, no other utility agreements are required on design-bid-build projects. The district utilities staff should encourage utility owners to enter into a MRUA with the Commission to reduce potential future delays in executing a project specific agreement. A list of previously executed [https://modotgov.sharepoint.com/sites/DE/Utilities/Agreements/MRUA%20-%20Existing?csf=1&amp;amp;web=1&amp;amp;e=4LJHoa Master Reimbursable Utility Agreements (Modot Access Only)] is available. District utilities staff should add newly executed agreements to this list. The MRUA can be employed as either an actual cost ([[#643.2.12.3.1_Actual_Cost_Agreements|EPG 643.2.12.3.1]]) or lump sum ([[#643.2.12.3.2_Lump_Sum_Agreements|EPG 643.2.12.3.2]]) agreement. When the reimbursable adjustment will utilize a MRUA, the district utilities staff will prepare a MRUA correspondence letter (“letter agreement”) referencing the executed MRUA. A copy of the MRUA correspondence letter should be saved in MoProjects for reference by Financial Services, the district construction office, and the district staff responsible for inspection of utility adjustments. All project specific items such as type of agreement (actual cost or lump sum), plan of adjustment, estimated total cost, cost allocation, and schedule are addressed in the MRUA correspondence letter from the district utilities staff to the utility owner. A flowchart of the MRUA process is available.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.3 Project Specific Agreements===&lt;br /&gt;
If a utility owner does not have a MRUA with the Commission, a project specific agreement will be required for every project for which the Commission is responsible for the necessary adjustments to allow highway construction. The project specific agreement will be either an actual cost ([[#643.2.12.3.1_Actual_Cost_Agreements|EPG 643.2.12.3.1]]) or lump sum ([[#643.2.12.3.2_Lump_Sum_Agreements|EPG 643.2.12.3.2]]) agreement.&lt;br /&gt;
&lt;br /&gt;
====643.2.12.3.1 Actual Cost Agreements====&lt;br /&gt;
The UT03: Utility Agreement – Actual Cost is used when detailed estimates are not practical or costs appear to be questionable. Details on actual cost estimates can be found at [[#643.2.12.3.1_Actual_Cost_Agreements|EPG 643.2.9.2.1 Actual Cost Estimates]]. Once the final invoice on a UT03 is submitted to Financial Services, district utilities staff should change the status on the agreement in eAgreements to completed.&lt;br /&gt;
&lt;br /&gt;
====643.2.12.3.2 Lump Sum Agreements====&lt;br /&gt;
The UT02: Utility Agreement – Lump Sum eliminates the need for keeping detailed records of cost and the auditing of cost records. Estimates of cost must be prepared in detail for use of this agreement. When detailed estimates are not practical or costs appear unreasonable, actual cost agreements are to be used. Use of special forms of agreements, such as &amp;quot;subordination agreements&amp;quot;, which are desired by certain utility owners, is acceptable. These, too, must be revised to cover the particular situation. Details on lump sum estimates can be found at [[#643.2.9.2.2_Lump_Sum_Estimates|EPG 643.2.9.2.2 Lump Sum Estimates]]. Once the final invoice on a UT02 is submitted to Financial Services, district utilities staff should change the status on the agreement in eAgreements to “completed”.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.4 Agreement for Utility Work Included in Roadway Improvement Project===&lt;br /&gt;
The UT04: Utility Agreement - Actual Cost (For Utility Work That is to be Included in the Missouri Highways and Transportation Commission&#039;s Road Project) allows for the adjustment to be based on actual cost with the roadway contractor performing the utility work. Caution should be exercised in the type of utilities to be relocated in roadway contracts. Utilities recommended are waterlines and sewer lines. Other utilities, such as gas lines, communication lines, and power lines are to be studied thoroughly before being included in the project.&lt;br /&gt;
&lt;br /&gt;
The Transportation Project Manager and district utilities staff must plan ahead to get this work in the roadway contract. The utility owner must agree to include the utility adjustment in the roadway contract. The adjustment may be on highway right of way or on private easement in the name of the utility owner. The utility owner can agree to allow MoDOT’s contractor to work in its easement. However, district utilities staff in consultation with district right of way staff should review the easement documentation to verify the utility owner’s rights to the easement and any limitations on its use. MoDOT’s contractor can work and operate on both Commission right of way and on the utility easement, even when not directly connected to the Commission right of way, as part of the job site. Temporary construction easements may be necessary in addition to the utility easement to ensure adequate working room for the contractor.&lt;br /&gt;
&lt;br /&gt;
:The utility owner may request exemption to any liability for negligence of our contractor working on their easement. The Commission can assume that liability (refer to [[:Category:153_Agreements_and_Contracts#153.1.1.2_Acceptance_of_Liability_Policy_(MoDOT_Access_Only)|Acceptance of Liability Policy]]), but it should be included in the utility agreement if so desired by the utility owner. A Job Special Provision is necessary to require the MoDOT contractor to hold the utility harmless from all claims due to contractor negligence.&lt;br /&gt;
&lt;br /&gt;
Subsurface information, i.e. boring data, etc., should be obtained by the utility owner since it may be needed for the design of the utility adjustment. This information should be included in the plans. If the utility owner must bear all or part of the cost of the adjustment, the utility owner must agree to pay a pre-deposit to the Commission prior to opening bids on the project. This should be in the utility agreement. The pre-deposit will be credited to the &amp;quot;Missouri Highway and Transportation Commission - Local Fund.&amp;quot; Any interest earned in the fund will apply to the cost of the adjustments. The utility agreement will include language that the utility will inspect the installation and assume maintenance of the utility facility after construction. MoDOT will also provide engineering supervision to be sure the road contractor is in compliance with the contract. Utility plans and specifications are to be approved by the owner prior to submittal to the Central Office. The following items will provide minimum information to allow MoDOT’s contractor to bid the work.&lt;br /&gt;
# Individual bid items (not &amp;quot;lump sum&amp;quot;) should be established to promote better bidding and to handle overruns and underruns. Bid items not included on the Computer Stored Bid Item list should be &amp;quot;99&amp;quot; numbers.&lt;br /&gt;
# he bid package must be in our letting format. If the package was prepared by a consultant as if the utility owner were going to let it, all bid bond or bidding procedures must be screened to remove requirements contrary to MoDOT letting requirements. District utilities staff should work with the Transportation Project Manager, Design Liaison Engineer, and Central Office Bidding and Contract Services to ensure this requirement is met.&lt;br /&gt;
# The specifications required by the utility owner should be reviewed for items that could cause a bid problem for our contractor. Items such as non-readily available materials or sizes should be avoided.&lt;br /&gt;
# Utility plan sheets should be .pdf files equivalent to 22 in. x 34 in. It is helpful to have a quantity sheet specifically for utility items.&lt;br /&gt;
# Any special procedures required for the utility installation should be included in the Job Special Provisions.&lt;br /&gt;
# The utility package should be submitted on-time to Central Office with other project plans.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.5 Agreement for a Utility Only Project===&lt;br /&gt;
Any of the above agreements can be modified for a utility only project separate from the roadway project. The utility only project may be done by forces hired by the utility owner or by the Commission. A separate utility only project has distinct advantages when the following occurs:&lt;br /&gt;
* The utility work is extensive&lt;br /&gt;
* It must be performed in accordance with the utility owner’s seasonal requirements&lt;br /&gt;
* It extends beyond the limits of the construction project&lt;br /&gt;
* It must be performed considerably in advance of the roadway contract&lt;br /&gt;
&lt;br /&gt;
Necessary environmental and design work is still required for the limits of the separate utility only project. It may be necessary in these cases to have a second agreement with the utility owner to cover any other work that must be performed concurrently with the roadway contract. These latter agreements will use the roadway construction job number. Early need for utility projects is to be determined at the time when the STIP is updated each year. The utility construction funds will be shown in the year right of way funds are assigned. This will be done whenever possible to secure early adjustment of utility facilities. A request by the district is sent to the Planning Division. Estimated dollar amounts for utility adjustments are needed. These are estimates and do not need to be extremely accurate. When a special utility project is established, it is preferred, if at all possible, to include all the utility adjustments necessary for the entire roadway project. If funds are available, additional agreements can be added to this utility project until the final invoice for the first completed agreement is received for payment.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.6 Supplemental Agreements===&lt;br /&gt;
For utility owners with a UT01 agreement, a supplemental letter agreement documenting the change in the scope or cost of the work is acceptable.&lt;br /&gt;
&lt;br /&gt;
The UT05: First Supplemental Agreement is used to document changes to UT02 and UT03 agreements. If changes to the scope of work occur that are anticipated to exceed $100,000 or 15% of the original agreement, a UT05 is required. If the final invoice on an actual cost adjustment without changes in the scope of work exceeds the limits shown in the table below, a UT05 is required.&lt;br /&gt;
&lt;br /&gt;
{| class=&amp;quot;wikitable&amp;quot; style=&amp;quot;margin-left: 25px; text-align:center&amp;quot;&lt;br /&gt;
! Amount in Original Actual Agreement !! Final Bill Total Exceeds Original Amount by:&lt;br /&gt;
|-&lt;br /&gt;
| 0-$25,000 || 50%&lt;br /&gt;
|-&lt;br /&gt;
| $25,000-$100,000 || 40%&lt;br /&gt;
|-	&lt;br /&gt;
| Exceeds $100,000 || 30%&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
Should multiple UT05s be required with the same utility owner, the UT05 should be modified for additional supplemental agreements. Once the final invoice on an UT05 is submitted to Financial Services, district utilities staff should change the status on the agreement in eAgreements to “completed”.&lt;br /&gt;
&lt;br /&gt;
==643.2.13 Utility Adjustments in Roadway Plans and Job Special Provisions (JSPs)==&lt;br /&gt;
It is the responsibility of the MoDOT Transportation Project Manager (TPM) to ensure utility plans of adjustment are shown on the project plans at the Plan, Specification, and Estimate (PS&amp;amp;E) stage based upon information coordinated by the district utilities staff with the appropriate utility owner.&lt;br /&gt;
&lt;br /&gt;
===643.2.13.1 Plans===&lt;br /&gt;
A legend showing all applicable utility symbols and the names of the utility owners is shown on the first special utility sheet. In the absence of special utility sheets, this information may be shown on the title sheet or the first plan and profile sheet. The following note is required to be placed on the title sheet or the first plan and profile sheet and the first special utility sheet (if used) to inform contractors of the suitability of the utility information contained on the plans.&lt;br /&gt;
&lt;br /&gt;
&amp;quot;The existence and approximate location of utility facilities known to exist, as shown on the plans, are based on the best information available to the Commission at this time. This information is provided by the Commission &amp;quot;as-is&amp;quot; and the Commission expressly disclaims any representation or warranty as to the completeness, accuracy, or suitability of the information for any use. Reliance upon this information is done at the risk and peril of the user, and the Commission shall not be liable for any damages that may arise from any error in the information&amp;quot;.&lt;br /&gt;
&lt;br /&gt;
===643.2.13.2 Job Special Provisions===&lt;br /&gt;
Since the addition of utility information on the plans, supplied by a third party, could subject the Missouri Highway and Transportation Commission to additional liability, a Utility JSP reflecting the status of utility adjustments will be required. The JSP will include the name, address, e-mail address, and telephone number of all utility owner representatives for all utility facilities located on the project. The anticipated adjustment completion date for each utility adjustment is also to be shown based on the agreed upon dates, durations, or completion dates with the utility owner’s representative. This information will inform the bidder of the status of utilities for proper work coordination that could affect the bids for the proposed highway construction project. Status notations will include general notations such as: “N/A”, “Work is in progress”, “Work has not started”, “Work is complete”, and “Work is included in contract.”&lt;br /&gt;
&lt;br /&gt;
===643.2.13.3 PS&amp;amp;E Submittal===&lt;br /&gt;
In the District Final Plans Submittal Checklist (D-12), the TPM should note any issues related to existing utility facilities or the adjustment of utility facilities either shown or not shown on the plans. Projects with “No Utility Impacts” such as some overlays, striping, bridge washing, etc. do not need a Utility Status Letter or Utility JSP. The D-12 is used for these projects. In the D-12, under Project Details – “Utilities”, the note “NO” is selected and under “Status”, select “Clear”. For all other projects, the district utilities staff will write a Utility Status Letter. The TPM will include the Utility Status Letter with the submittal of the final plans to the Design Division. The Utility Status will be defined as:&lt;br /&gt;
# Utility facilities are present, but no conflict is anticipated with the highway construction project. Or,&lt;br /&gt;
# All utility facilities requiring adjustment to allow highway construction have been physically adjusted on the project. Or,&lt;br /&gt;
# Utility construction work is planned or active and will be completed to such a point that no impact will be expected to the highway construction project. The status of this work is defined in the utility JSP. Or,&lt;br /&gt;
# Utility facilities are not expected to be adjusted by the notice to proceed date for the road project, but the utility work will have no impact on the progress of the highway construction project. The status of this work is defined in the utility JSP. Or,&lt;br /&gt;
# Utility facilities must be adjusted after the road contractor completes stage construction or in coordination with the contractors’ work. Details of the coordination effort required of the contractor are defined in the utility JSP to properly advise bidders. Or,&lt;br /&gt;
&lt;br /&gt;
# Utility adjustment plans and specifications are included in the bid documents for the highway construction project. A UT04 agreement must be executed.&lt;br /&gt;
&lt;br /&gt;
==643.2.14 Payment to Utility Companies for Reimbursable Work==&lt;br /&gt;
Authorization and federal funding obligation must be approved prior to incurring costs. This applies to all types of work on utility facilities including preliminary engineering. An obligation is a commitment by the federal government to reimburse MoDOT for the federal share of a project’s eligible cost.&lt;br /&gt;
&lt;br /&gt;
===643.2.14.1 Obligation Process===&lt;br /&gt;
Federal funding can be used with both lump sum and actual cost agreements. After the utility agreement is fully executed, the district utilities staff will email a copy of the utility agreement or the letter agreement referencing the MRUA to the email group OBLIGATE. This email should request the authorization authority for use of federal funds and to be informed of a Notice to Proceed (NTP) (see [[#643.2.15_Notice_to_Proceed|EPG 643.2.15]]) date by Financial Services once federal funding has been obligated. District utilities staff should allow three (3) weeks to receive the NTP. Financial Services will use Advance Construction (AC) funding to fund reimbursement to utility owners. With AC funding, state funds initially are used to pay for reimbursement to utility owners. Once construction is complete, with appropriate documentation of the work via the C-9.docx C-9] and C-13, Financial Services will convert to federal funding.&lt;br /&gt;
&lt;br /&gt;
===643.2.14.2 Preliminary Engineering===&lt;br /&gt;
On occasion, preliminary engineering (PE) may need to be undertaken by the utility owner prior to the execution of a utility agreement. If a utility owner has a MRUA, an estimate of the cost of the PE work by the utility owner may be used to obligate funding for preliminary engineering under the MRUA as a PE only letter agreement. If a lump sum or actual cost agreement will be required with the utility owner for the project, district utilities staff should do two (2) agreements with one agreement covering PE only, and once a design for the adjustment is obtained, a second agreement for the construction of the adjustment should be executed. If a separate PE only agreement is obtained, NTP will need to be issued twice to the utility owner: once for PE and once for construction.&lt;br /&gt;
&lt;br /&gt;
===643.2.14.3 Right of Way===&lt;br /&gt;
Once Notice to Proceed has been given, the utility owner may begin the right of way acquisition process. If the utility owner needs to acquire right of way prior to a full agreement for relocation has been negotiated, the agreement specifically for the acquisition of right of way should be executed. This agreement will be sent to Financial Services to begin the obligation process.&lt;br /&gt;
&lt;br /&gt;
===643.2.14.4 Construction===&lt;br /&gt;
Payment to utility owners for construction of the adjustment may occur in a number of phases.&lt;br /&gt;
&lt;br /&gt;
====643.2.14.4.1 Prepayment====&lt;br /&gt;
Per the utility agreement, the Commission allows utility owners to be prepaid prior to commencing work. The district utilities staff may negotiate the prepayment if the utility owner is receptive. The utility owner will submit a request for prepayment with an invoice prior to any prepayment. Route, county, and job number must be included in the request. The district utilities staff will submit a request to Financial Services with a copy saved in MoProjects for future reference by the district staff responsible for inspection of the utility adjustment.&lt;br /&gt;
&lt;br /&gt;
====643.2.14.4.2 Progress Payments====&lt;br /&gt;
If a utility owner has not been prepaid the entire estimated amount in the utility agreement, then the utility owner may request progress payments after completing a portion of the proposed work, including PE.&lt;br /&gt;
&lt;br /&gt;
Progress payments for PE by consultants should not exceed the &amp;quot;maximum not to exceed amount&amp;quot; shown in the cost estimate unless additional costs are approved first by district utilities staff.&lt;br /&gt;
&lt;br /&gt;
For progress payments, the utility owner is required to submit only a summary of work and materials for which payment is claimed, not a detailed billing. District utilities staff should check only to be sure that sufficient work has been done to justify making the requested payment. Payment should be made for allowable costs incurred up to the date of the progress payment request.&lt;br /&gt;
&lt;br /&gt;
Progress payment invoices do not relieve the utility owner of the responsibility of submitting one complete and final invoice upon completion of the adjustment. The utility owner’s address must be shown on the invoice. The district utilities staff should submit progress payment invoices and applicable C-9s to Financial Services within one (1) week of receipt of invoice.&lt;br /&gt;
&lt;br /&gt;
One copy of the progress payment and one copy of the district utilities staff letter of recommendation must be sent to Financial Services for payment and be stored in MoProjects. The cover memo should include the project number, route, county, actual cost or lump sum utility agreement, Commission obligation percentage, total cost estimate of Commission obligation, and indicate the progress payment number, i.e., progress payment number 1, 2, 3, etc. If more than one progress payment is requested by the utility company, the district should submit progress payment bills to Financial Services in the following format:&lt;br /&gt;
{| class=&amp;quot;wikitable&amp;quot; style=&amp;quot;margin-left: 25px; text-align:center&amp;quot;&lt;br /&gt;
! Payment !! Amount&lt;br /&gt;
|-&lt;br /&gt;
| Progress Payment #1 || $50,000&lt;br /&gt;
|-&lt;br /&gt;
| Progress Payment #2 || 10,000&lt;br /&gt;
|-	&lt;br /&gt;
| Total Payment to Date || $60,000&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
This format will help clarify payment history with the utility owner. Progress payments for actual cost utility agreements may not exceed the Commission&#039;s total estimated cost shown in the agreement. However, if the request for a progress payment exceeds the original estimate, a change order with explanation should accompany the request. (See EPG 641.2.16.5 Change Orders.)&lt;br /&gt;
&lt;br /&gt;
====643.2.14.4.3 Final Payment====&lt;br /&gt;
Utility owners are required to submit a detailed final invoice to MoDOT for all actual cost reimbursable utility work and for any lump sum reimbursable utility work that was not prepaid. For prepaid lump agreements, the utility owner must submit a zero-dollar ($0) invoice to demonstrate the work has been completed. After the utility work has been fully completed, the district utilities staff responsible for inspection should send the utility owner a “60 Day” Final Acceptance Letter requesting a complete final invoice within 60 days, as detailed in the utility agreement. If the final invoice is not received from the utility owner within 30 days, then a follow up letter should be sent (i.e., “30 Day” Reminder Final Invoice Letter) reminding the utility owner of its obligation to submit a final invoice within 60 days of the completed work. If a final invoice from the utility owner is not received within this timeframe, then the district utilities staff should contact the Design Liaison Engineer for guidance on how to close out the work.&lt;br /&gt;
&lt;br /&gt;
The district utilities staff is expected to check the final bill within two (2) weeks after receipt in as much detail as possible against the C-9. It is their responsibility to verify from field records the quantities of labor, equipment, material used, material retired, and to justify all changes made. If the utility owner’s contractor made the adjustment at unit cost prices, then it is the district utility staff’s responsibility to verify the number of units completed and not the hours of labor and equipment. It is also important for the utility owner to show the words “final bill” or “final invoice” on the last bill, in order for MoDOT to understand that no additional charges will be made on the adjustment. The final bill must show a general description of the utility adjustment, the highway project number, the date on which work was completed or last item of billed expense was incurred, and the location where records can be audited. The order of items in the final statement should follow as closely as possible the order of items in the original estimate. A summary, on the utility owner’s letterhead, of the total cost of preliminary engineering, construction engineering, right of way, labor, overhead, construction travel expense, transportation, equipment, materials, supply, handling, and salvage credits should be shown in a way that will permit direct comparison with the approved estimate from the original or supplemental agreements (see EPG 643.2.12.6).&lt;br /&gt;
&lt;br /&gt;
If the Actual Cost final invoice shows a much higher cost than the original estimate without scope change, the utility owner is required to give reasons in a letter to the district utilities staff explaining why the invoice cost increased. When the Actual Cost final invoice exceeds the amount shown in the table in EPG 643.2.12.6, a supplemental agreement is required.&lt;br /&gt;
&lt;br /&gt;
When the district utilities staff has determined that the final invoice is accurate, the C-13 should be completed. Once the C-13 is completed, the C-13 and the final invoice from the utility owner are forward to Financial Services. For Actual Cost agreements, the C-9s should also be included in this transmittal. If no additional payments are required, the district utilities staff should note this in the transmittal as well. If the final invoice indicates previous payments to a utility owner exceeded the final invoice, the utility owner will need to send MoDOT a check for the overpayment amount. The check should be made payable to Director of Revenue – Credit State Road Fund. If the utility owner did not send MoDOT an overpayment check with the final invoice, district utilities staff should send a letter to the utility owner requesting the refund amount. Submittal of the final invoice to Financial Services should not occur until repayment has been received. The submittal to Financial Services should note the receipt of the repayment check.&lt;br /&gt;
&lt;br /&gt;
==643.2.15 Notice to Proceed==&lt;br /&gt;
For PE only, once an agreement has been executed, and Financial Services has advised that authorization from FHWA has been received, district utilities staff will issue a notice to proceed (NTP) letter to the utility owner for the PE. For agreements that include PE and construction or once a final agreement for construction has been executed, right of way clearance has been issued, and Financial Services has advised that authorization from FHWA has been received, the district utilities staff will issue NTP to the utility owner for construction. See Example of Notice to Proceed Letter. If salvage credit is part of the agreement with the utility owner, the NTP letter should include a statement that the utility owner will need to inform district utilities staff of the time and place that inspection may be made of the removed material. The utility owner may be held accountable for full value of materials disposed without proper notice. Utility owners may purchase materials prior to NTP for construction; however, no other work on the adjustment necessary to allow highway construction may begin prior to NTP for construction. The utility owner, for reasons of planning their workload or due to seasonal situations, may request early authorization to perform the work. This request, with the district utilities staff recommendations, is sent to the Design Liaison Engineer for further handling, approval, and advancement of the necessary funds. A copy of the NTP should be saved in MoProjects. If a utility owner begins adjustments prior to NTP for construction, district utilities staff should notify the utility owner immediately in writing that reimbursement will not be made for work done prior to NTP for construction.&lt;br /&gt;
&lt;br /&gt;
==643.2.16 Construction of Utility Adjustments==&lt;br /&gt;
===643.2.16.1 Utility Owner Self-Perform===&lt;br /&gt;
As per 23 CFR 645.115 Construction, it may be cost-effective for certain utility adjustments to be performed by a utility owner with its own internal forces and equipment, provided the utility owner is qualified to perform the work in a satisfactory manner. This cost-effectiveness finding covers minor work on the utility owner’s existing utility facilities routinely performed by the utility owner with its own forces.&lt;br /&gt;
&lt;br /&gt;
===643.2.16.2 Construction Contract Requirements===&lt;br /&gt;
When the utility owner is not adequately staffed and equipped to perform such work with its own forces and equipment at a time convenient to coordination with the associated highway construction, such work may be done one of four ways for utility adjustments:&lt;br /&gt;
# MoDOT can provide the construction services, via awarded contract to the lowest qualified bidder based on appropriate solicitation. This can be done by including the adjustment work in the roadway improvement project (EPG 643.2.12.4 Utility Agreement for Utility Work Included in Roadway Improvement Project) or by having a utility only project (EPG 643.2.12.5 Utility Only Project).&lt;br /&gt;
# The utility owner can award a construction contract to the lowest qualified bidder based on appropriate solicitation.&lt;br /&gt;
# The utility owner can utilize an existing continuing contract, provided the costs are reasonable (see EPG 643.2.9.1 Independent Cost Estimate).&lt;br /&gt;
# The utility owner can contract for low-cost incidental work, such as tree trimming and the like, without competitive bidding, provided the costs are reasonable (see EPG 643.2.9.1 Independent Cost Estimate).&lt;br /&gt;
&lt;br /&gt;
When a utility owner chooses option 2 to award its own new construction contract, the utility owner must provide the following documents and information to the district utilities staff. These documents need to be provided as soon as the utility owner has chosen to pursue a construction contract. Document 1 must be supplied by all utility owners. Documents 2 and 3 are only required when the utility owner is a local government agency who is also a political subdivision of the state of Missouri (e.g., city-owned utilities, county-owned utilities). All other utility owners are encouraged, but not required, to provide Documents 2 and 3.&lt;br /&gt;
# A statement that the utility owner is not staffed or able to perform the required construction activities with its own forces.&lt;br /&gt;
# A copy of the request for proposal used to secure bids.&lt;br /&gt;
# A list of a minimum of 3 bidders whom they believe can do the work. &#039;&#039;&#039;Political subdivisions are required to advertise for the work&#039;&#039;&#039;.&lt;br /&gt;
# Upon review of these documents, the district utilities staff will advise the utility owner to proceed with the solicitation of bids, but the utility owner will not be permitted to award the contract without the concurrence of district utilities staff. For lump sum agreements, approval of contract work and subcontract work is not required.&lt;br /&gt;
&lt;br /&gt;
The following documents need to be provided as soon as the utility owner has determined the lowest qualified contractor and would like to award the project. Document 1 must be supplied by all utility owners. Document 2 is only required when the utility owner is a local government agency who is also a political subdivision of the state of Missouri (e.g., city-owned utilities, county-owned utilities). All other utility owners are encouraged, but not required, to provide Document 2.&lt;br /&gt;
# The name address of the lowest qualified contractor.&lt;br /&gt;
# The tabulation of bids received and other information to support their recommendation for award to the lowest qualified bidder.&lt;br /&gt;
&lt;br /&gt;
The district utilities staff will review and approve the utility owner&#039;s bid information prior to the award of the contract. The Design Liaison Engineer is available to assist the district with review of bid information if necessary. Once the district utilities staff provides concurrence, the utility owner may proceed with awarding the contract. When the utility owner is a local government agency who is also a political subdivision of the state of Missouri (e.g., city-owned utilities, county-owned utilities), a copy of the executed contract must be shared with the district utilities staff. All other utility owners are encouraged, but not required, to provide a copy of the executed contract.&lt;br /&gt;
&lt;br /&gt;
A checklist is available for reviewing contracts to ensure the contract conforms to MoDOT policy and complies with applicable federal regulations.&lt;br /&gt;
&lt;br /&gt;
When a utility owner chooses to utilize a an existing continuing contract, the utility owner will submit a copy of the contract to the district utilities staff. The district utilities staff will review the contract for reasonableness of cost. If district utilities staff and the utility owner’s representative cannot agree on the reasonableness of cost, then the utility owner will be required to award a new construction contract.&lt;br /&gt;
&lt;br /&gt;
===643.2.16.3 Inspection===&lt;br /&gt;
The degree of inspection needed for utility adjustments will vary considerably with the nature and location of the work and whether the Commission is responsible for any portion of the cost of reimbursement. Judgment must be used regarding the manner and regularity of inspection duties. Some phases of the work require a very close check to ensure that the highway will not be adversely affected and to ensure satisfactory performance of work in accordance with the agreement and plans. The degree of inspection may vary from spot checking of overhead installations to continuous close observation of backfilling trenches beneath proposed pavement, embankment area, or adjacent to bridge abutments. Proper inspection can ensure that the utility adjustment is completed as efficiently as possible to minimize future impacts to the utility facility and the highway construction project. A [https://epg.modot.org/forms/general_files/DE/UtilityFieldInspectionChecklist.docx Field Inspection Checklist] to assist district utilities staff responsible for inspection is available.&lt;br /&gt;
&lt;br /&gt;
If it is found that any actual cost reimbursable utility adjustment is being performed by unapproved contractors, district utilities staff should direct the work to stop. The utility owner’s representative should be informed immediately and should be advised in writing that the costs incurred by an unapproved contractor are not eligible for reimbursement under provisions of the agreement. The district utilities staff can take appropriate steps to approve a subcontract and advise when the utility owner can recommence work.&lt;br /&gt;
&lt;br /&gt;
===643.2.16.4 Documentation===&lt;br /&gt;
All documents related to the construction of the utility adjustment necessary to allow highway construction should be stored in MoProjects.&lt;br /&gt;
&lt;br /&gt;
Construction records must be kept to confirm that work is done in accordance with the terms of the agreement and in the manner proposed in the plans. The importance of a complete and accurate record cannot be overemphasized. Detailed records are necessary to support the recommendation for payment of the final invoice. A complete, separate daily record must be kept on each actual cost adjustment and submitted for review when the final invoice is recommended for payment. This district utilities staff responsible for inspection should complete the Daily Utility Report (C-9).&lt;br /&gt;
&lt;br /&gt;
====643.2.16.4.1 Utility Reports====&lt;br /&gt;
The Daily Utility Report ([https://epg.modot.org/forms/general_files/DE/C-9.docx Form C-9]) and the Final Utility Report ([https://epg.modot.org/forms/general_files/DE/C-13.docx Form C-13]) are used for documenting utility adjustments necessary to allow highway construction. The use of C-9s and C-13s will vary with method of reimbursement. For utility adjustments necessary to allow highway construction that overlap with the highway contractor’s work, progress records should be kept as necessary to coordinate the highway and utility construction activities. Sufficient records must be maintained to check and verify the items of labor, equipment, materials, and salvaged items as submitted on the final invoice.&lt;br /&gt;
&lt;br /&gt;
=====643.2.16.4.1.1 Daily Utility Report (C-9)=====&lt;br /&gt;
C-9s are only required for actual cost agreements. The district utilities staff responsible for inspection must in all cases keep records to document inclement weather, down time, and verbal authorization for minor changes. The district utilities staff responsible for inspection must complete a C-9 documenting the number and classification of employees and number of hours worked. Records of material used and of retired materials returned to stock or scrapped must be kept. The utility owner’s major items of equipment must also be recorded. When work is done by the contract method based on unit prices, the district utilities staff responsible for inspection should ascertain that units of work as provided in the bid proposal are measured and recorded to form a basis for checking the final invoice. C-9s should list the location and the number of units of work accomplished for that period. If contract labor or equipment is used by a utility owner on the basis of a bid per hour, per day, etc., it will be necessary to keep records on this labor or equipment time in the same manner as if the utility owner were performing the work with its own internal forces. District utilities staff responsible for inspection should also note all contractors working for the utility owner and the contractor approval authorization dates given in the agreement.&lt;br /&gt;
&lt;br /&gt;
=====643.2.16.4.1.2 Final Utility Report (C-13)=====&lt;br /&gt;
C-13s summarize that the utility adjustment work that was done in accordance with the agreement and plans, the percentage of total cost that is the responsibility of the Commission, and any progress payments that have been made. A C-13 is required for both actual cost and lump sum agreements. The requested numbers shown on line 9 (Commission Estimated Cost) and line 10 (Amount of Final Bill) in the report are the Commission’s total responsibility.&lt;br /&gt;
&lt;br /&gt;
====643.2.16.4.2 Breakdown and Emergency====&lt;br /&gt;
When breakdown and emergency situations occur, prior approval by MoDOT is not required for contract or equipment rental work unless the cost or period of time will be extensive. The utility owner should furnish a letter as soon as possible to explain the situation and set out the estimated costs involved. The district utilities staff’s records should substantiate the need and the changes for personnel and equipment.&lt;br /&gt;
&lt;br /&gt;
====643.2.16.4.3 Stop Work====&lt;br /&gt;
If at any point, a stop work order is given by MoDOT to a utility owner, written documentation of the stop work order should be saved in MoProjects.&lt;br /&gt;
&lt;br /&gt;
===643.2.16.5 Change Orders===&lt;br /&gt;
Any change in the plan of adjustment should be documented in writing to the utility owner as a change order. If the change order is anticipated to exceed $100,000 or 15% of the original agreement amount, district utilities staff should negotiate a supplemental agreement with the utility owner’s representative. Once a supplemental agreement is in place, district utilities staff should contact Financial Services to obtain an adjustment of the obligation mid-project. Change orders without supplemental agreements will be settled once the project is complete.&lt;br /&gt;
&lt;br /&gt;
====643.2.16.5.1 Actual Cost Agreement====&lt;br /&gt;
Slight modifications in quantities or the addition of minor items not included with the original agreement do not require a supplemental agreement. However, such changes should be documented in writing with the utility owner. A supplemental agreement is needed if costs exceed the above threshold or if there is a change in the percentage of cost that is the Commission’s responsibility on an agreement with shared responsibility for costs. Intermediate partial payments cannot be made on items in a supplemental agreement until the supplemental agreement is approved.&lt;br /&gt;
&lt;br /&gt;
====643.2.16.5.2 Lump Sum Agreement====&lt;br /&gt;
A supplemental agreement to a Lump Sum Agreement is only required for significant changes in the scope of work of the utility adjustment necessary to allow highway construction. Normal overruns are not considered as changes in approved work and will not be reimbursed. Significant changes in the scope of work on utility adjustments necessary to allow highway construction cannot be done until the supplemental agreement is approved, and the adjustment in obligation of funds is complete.&lt;br /&gt;
&lt;br /&gt;
==643.2.17 Utilities during Highway Construction==&lt;br /&gt;
The contractor is responsible for having utilities located by contacting Missouri One-Call (811) prior to any excavation on the project. A reminder of this responsibility should be made at the preconstruction meeting.&lt;br /&gt;
&lt;br /&gt;
===643.2.17.1 Preconstruction Meeting (Pre-Con)===&lt;br /&gt;
District utilities staff should be invited to all pre-cons.&lt;br /&gt;
&lt;br /&gt;
Pre-cons fall into three categories relating to utilities:&lt;br /&gt;
# No utility adjustments are anticipated within the project limits,&lt;br /&gt;
# All utility adjustments completed prior to the pre-con, and&lt;br /&gt;
# All utility adjustments not completed prior to the pre-con.&lt;br /&gt;
&lt;br /&gt;
====643.2.17.1.1 No Utility Adjustments Anticipated within the Project Limits====&lt;br /&gt;
For projects without a Utility Job Special Provision (JSP), no involvement of the utility owners is required at the pre-con. For projects with a Utility JSP, the Resident Engineer (RE) should invite all utility owner representatives listed in the JSP with known required adjustment to the pre-con. The RE should review potential impacts of the highway construction project with the contractor and the utility owner.&lt;br /&gt;
&lt;br /&gt;
====643.2.17.1.2 All Utility Adjustments Completed Prior to the Pre-Con====&lt;br /&gt;
The RE should invite all utility owner representatives listed in the JSP with known required adjustment to the pre-con. The RE should review potential impacts of the highway construction project with the contractor and the utility owner. A general discussion should highlight the previous adjustments made by the utility owner and what abandoned utility facilities the contractor may encounter.&lt;br /&gt;
&lt;br /&gt;
====643.2.17.1.3 All Utility Adjustments Not Completed Prior to the Pre-Con====&lt;br /&gt;
It is important for the RE and inspector to understand the utility owner’s work schedule and how it relates to the contractor’s work schedule. During the pre-con, the schedule of the utility owner and highway construction contractor should be discussed, and conflicts should be addressed to allow utility adjustments and highway construction to progress as near to the proposed schedule as possible. On large-scale projects that have many utility issues to address that could impact the work of the highway construction contractor, it may be necessary to have a separate pre-con with utility owner representatives.&lt;br /&gt;
&lt;br /&gt;
===643.2.17.2 Coordination Meetings===&lt;br /&gt;
When the utility work will not be completed soon after the preconstruction meeting, the RE should meet with district utilities staff, the highway construction contractor, and the utility owner representatives on a regular basis to discuss utility coordination issues, so expectations from all parties are known and conveyed clearly. The utility owner may need some work performed by MoDOT or the highway construction contractor prior to completing their adjustments. (Examples include: survey staking of right of way or proposed facilities, trees cleared, grading performed, or new structures built).&lt;br /&gt;
&lt;br /&gt;
==643.2.18 Service Drops==&lt;br /&gt;
Power and communication services provided by utility owners are necessary for the operation of the highway system. These services may include power to traffic signals, lighting, or ITS devices; power for cathodic protection; or telecommunication services to signal controllers or ITS devices. The project design teams should work with district utilities staff to identify proper locations for the applicable utility owners to provide these services. Various utility owners have different requirements for this process. The district utilities staff is encouraged to develop a workable relationship with the utility owners who provide these services to MoDOT. The costs of installing the services charged by the utility owner are considered a non-contractual item and should be accounted for in the project’s budget in the STIP. The proposed location and method for the service drops should be shown on the roadway plans. District utilities staff should meet with the utility owner’s representative to ensure the proposed location can be accommodated by the utility owner. For electrical service connections, the power supply assembly is ideally located a maximum of ten feet (10’) from the source location. Plans submitted for PS&amp;amp;E should reflect the agreed upon location for all service connections. During construction, district utilities staff and district construction staff should work together to ensure the placement of the services is consistent with the project plans. Payment for the service drops should be invoiced by the utility owner to the district. District utilities staff is responsible for submission of the invoice directly to Financial Services for payment noting the non-contractual charges for the project.&lt;br /&gt;
&lt;br /&gt;
==643.2.19 Buy America Build America for Utilities==&lt;br /&gt;
FHWA’s Buy America Build America (BABA) policies require a domestic manufacturing process for all steel or iron products, other construction materials, and manufactured products that are permanently incorporated into Federal-Aid Highway construction projects, including products and materials used for adjustments to utility facilities to allow highway construction. These guidelines are for all federally reimbursable transportation projects where FHWA is the lead federal agency; it does not take precedence over projects where Federal Transit Administration or the Federal Railroad Administration is deemed the be the lead federal agency.&lt;br /&gt;
&lt;br /&gt;
===643.2.19.1 Program Requirements for Utilities===&lt;br /&gt;
All MoDOT projects are federal-aid projects, and therefore, all reimbursable utility adjustments are required to follow the provisions of BABA. More information on MoDOT’s BABA policy and procedures can be found in [[106.9_Buy_America_Requirement|EPG 106.9 Buy America Requirement]]. Specifically, utility owners should be aware of the following procedures for determining applicability of the EPG 106.9 requirements to reimbursable utility adjustments necessary to allow highway construction:&lt;br /&gt;
* BABA does not apply when materials are relocated from one location to another within the project limits.&lt;br /&gt;
* BABA does not apply for materials necessary for temporary utility adjustments assuming materials are removed from the right of way upon completion of the utility adjustment to allow highway construction.&lt;br /&gt;
* Non-reimbursable work must be kept separate from reimbursable work (agreements, permits, etc.) in order to not be subject to BABA.&lt;br /&gt;
&lt;br /&gt;
===643.2.19.2 Certification Requirements for Utilities===&lt;br /&gt;
Utility owners have the option of choosing either to self-certify BABA compliance or provide vendor/manufacturer certification to MoDOT. The method of certification is chosen by the utility owner and is documented in either the MRUA or the project specific agreement. Regardless of agreement type or certification method, the utility owner must be compliant with BABA requirements.&lt;br /&gt;
&lt;br /&gt;
====643.2.19.2.1 BABA Utility Owner Self-Certification====&lt;br /&gt;
If a utility owner chooses to self-certify BABA compliance, the utility owner is not required to provide MoDOT copies of the supplier certification as part of the project documentation or with the final invoice for any reimbursable utility adjustment necessary to allow highway construction. Retention of all documents should be as described in the agreement.&lt;br /&gt;
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====643.2.19.2.2 BABA Vendor/Manufacturer Certification====&lt;br /&gt;
If a utility owner chooses to use vendor/manufacturer certification, the utility owner will supply MoDOT BABA compliance from all vendors and/or manufacturers. Certification from vendors will be signed by an authorized representative of the vendor on company letterhead or other acceptable documentation and will declare that all supplied materials subject to BABA requirements are fully compliant. Certification from iron or steel manufacturers must be in the form of a mill test report (MTF) issued and signed by the initial fabricator stating the materials subject to BABA were melted and manufactured in the United States. Other written statements on company letter or other acceptable documentation signed by an authorized representative of the manufacturer for any additional treatment to the fabricated material (such as blasting, galvanizing, painting, or coating) will state that all treatment processes occurred in the United States according to FWA guidelines. Retention of all documents should be as described in the agreement. Manufacturer certification for manufactured products or construction materials will state that all materials were sourced from the United States and were fabricated in the United States. Retention of all documents should be as described in the agreement.&lt;br /&gt;
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&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643.3 Reserved for Future Use &#039;&#039;PAGE TITLE&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;&lt;br /&gt;
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&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643.4 Railroads (NO CHANGE) &#039;&#039;PAGE TITLE&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;&lt;br /&gt;
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==236.5.12 Excess Land Conveyances &amp;amp; Relinquishments - Utilities==&lt;br /&gt;
All conveyances and relinquishments of Commission-owned property shall be evaluated for the existence of any utility facilities located within the areas to be conveyed or relinquished. A conveyance or relinquishment of Commission-owned property may have implications to the utility facilities, and the utility owners, when the Commission no longer controls the property. It is important to maintain the continuity of utility facilities for the general public; therefore, to identify and minimize potential impacts, MoDOT shall involve utility owners in the conveyance and relinquishment processes.&lt;br /&gt;
&lt;br /&gt;
===236.5.12.1 Excess Land Conveyances Utilities===&lt;br /&gt;
MoDOT shall only recommend that a property be declared excess upon satisfactorily addressing the utility impacts. Whether MoDOT or an external party initiates the conveyance of excess property, utility impacts shall be adequately addressed by using one of the following methods: &lt;br /&gt;
:1. Each utility facility will be relocated by permit into a new utility corridor retained by the Commission.&lt;br /&gt;
:2. Each utility facility will remain in place with the benefit of a non-exclusive permanent utility easement.&lt;br /&gt;
::&#039;&#039;If the Commission holds fee simple title to the property, the Commission shall convey a non-exclusive permanent utility easement to each utility owner&#039;&#039;.&lt;br /&gt;
::&#039;&#039;If the Commission holds a less than fee simple title interest in the property, MoDOT shall facilitate the conveyance of a non-exclusive permanent utility easement from the party acquiring the property to each utility owner&#039;&#039;.&lt;br /&gt;
:3. Each utility facility will be relocated to another portion of the property being conveyed.&lt;br /&gt;
::&#039;&#039;If the Commission holds fee simple title to the property, the Commission shall convey a non-exclusive permanent utility easement to each utility owner&#039;&#039;. &lt;br /&gt;
::&#039;&#039;If the Commission holds a less than fee simple title interest in the property, MoDOT shall facilitate the conveyance of a non-exclusive permanent utility easement from the party acquiring the property to each utility owner&#039;&#039;.&lt;br /&gt;
:4. Each utility facility will be relocated onto a portion of the property already owned by the party acquiring the Commission-owned property, with the benefit of a non-exclusive permanent easement. (MoDOT shall facilitate the conveyance of a non-exclusive permanent utility easement from the party acquiring the property to each utility owner.)&lt;br /&gt;
:5. A three-party negotiated settlement taking into consideration the overall value of the proposed transaction.&lt;br /&gt;
:6. Additional options to address utility impacts may be utilized with approval from the Asst. to the State Design Engineer - Right of Way.&lt;br /&gt;
&lt;br /&gt;
===236.5.12.2 Road Relinquishment Utilities===&lt;br /&gt;
MoDOT shall only recommend the relinquishment of roadways through the [[236.14 Change in Route Status Report|Change in Route Status Report]] upon satisfactorily addressing the impacts to utility facilities. If the roadway will be relinquished to a local public transportation authority, with the intent that it continues to be used as a public roadway, a clause similar to the following shall be included in the deed from the Commission to the local public transportation authority:&lt;br /&gt;
:&#039;&#039;&amp;quot;Grantee, by acceptance of this conveyance, covenants and agrees for itself, its successors and assigns, to allow known or unknown utility facilities currently located on the property, whether of record or not, to remain on the property, and to grant the current and subsequent owners of those facilities the right to maintain, construct and reconstruct the facilities and their appurtenances over, under, and across the land herein conveyed, along with the right of ingress and egress across the land herein conveyed to and from those utilities.&amp;quot;&#039;&#039; &lt;br /&gt;
&lt;br /&gt;
Proposed roadway relinquishments to private entities shall be reviewed in a manner consistent with the conveyance of excess property described in [[236.5 Property Management#236.5.3 Asset Management Committee|EPG 236.5.3 Asset Management Committee]].&lt;/div&gt;</summary>
		<author><name>Hoskir</name></author>
	</entry>
	<entry>
		<id>https://epg.modot.org/index.php?title=User:Hoskir/Revision_Request_4225&amp;diff=58873</id>
		<title>User:Hoskir/Revision Request 4225</title>
		<link rel="alternate" type="text/html" href="https://epg.modot.org/index.php?title=User:Hoskir/Revision_Request_4225&amp;diff=58873"/>
		<updated>2026-06-22T16:13:08Z</updated>

		<summary type="html">&lt;p&gt;Hoskir: /* 643.2.12.4 Agreement for Utility Work Included in Roadway Improvement Project */&lt;/p&gt;
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&lt;div&gt;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643 Utility Procedures  &#039;&#039;CATEGORY&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt; &lt;br /&gt;
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| &#039;&#039;&#039;&amp;lt;center&amp;gt;&amp;lt;u&amp;gt;Additional Resources&amp;lt;/u&amp;gt;&amp;lt;/center&amp;gt;&#039;&#039;&#039;&lt;br /&gt;
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| ● [https://www.ecfr.gov/current/title-23/chapter-I/subchapter-G/part-64523 CFR 645]&lt;br /&gt;
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| ● [https://www.sos.mo.gov/cmsimages/adrules/csr/current/7csr/7c10-3.pdf7 CSR 10-30]&lt;br /&gt;
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&#039;&#039;&#039;Utility Accommodation Policy:&#039;&#039;&#039; State DOTs are required to develop policies and procedures pertaining to the use, accommodation, and/or relocation of public and private utility facilities on highway rights-of way using Federal-aid highway funds. State DOTs are required to develop, maintain, and obtain FHWA approval of their Utility Accommodation Policy (UAP) (23 CFR section 645.215). This EPG article 643 and subarticles 643.1 through 643.3 are Missouri Department of Transportation (MoDOT)’s Utility Accommodation Policy. Text in EPG 643 consolidates various federal and state statutes and rules into a single, cohesive, workable policy to outline processes for MoDOT staff and utility owners.&lt;br /&gt;
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&#039;&#039;&#039;Delegation of Work:&#039;&#039;&#039; Each MoDOT district is responsible for ensuring implementation of the UAP outlined in the subsequent EPG articles. Each district can create its own organization for whom is responsible for the work including between divisions and job titles. Work responsibilities within this article and subarticles are generic where possible. If a specific title is included, that title has sole responsibility for that item of work.&lt;br /&gt;
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&#039;&#039;&#039;643 documents not being used&#039;&#039;&#039;&lt;br /&gt;
[[media:144 Major Highway System 2022.pdf|major routes]]&lt;br /&gt;
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&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643.1 Utility Location  &#039;&#039;PAGE TITLE&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt; &lt;br /&gt;
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The information in this article provides a uniform system for regulating the location, construction, maintenance, removal, and relocation of utility facilities on the right of way of roadways located on the state highway system. It also provides for the facilitation of construction and maintenance of these roadways. Any location or relocation of utility facilities contrary to this information is an interference with the construction, maintenance, or operation of a state highway and its right of way and is prohibited.&lt;br /&gt;
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==643.1.1 Permits==&lt;br /&gt;
All utility owners are required to obtain a permit to work on Missouri Highway and Transportation Commission (Commission) right of way. A permit is required for original installation of the utility facility, on-going maintenance of the utility facility, or adjustments to a utility facility necessary to allow highway construction. Per [[127.29_Stormwater#127.29.4.3_MCM_3:_Illicit_Discharge_Detection_and_Elimination_(IDDE)_Program|EPG 127.29.4.3]], discharges of anything other than stormwater are not permitted. A deposit or bond is required to ensure completion of the work in accordance with the permit issued. An [https://www.modot.org/permits application for a permit] may be made on established forms specifically stating the nature of the work to be performed. Applications for permits may be obtained at any of the [https://www.modot.mo.gov/ seven (7) district highway offices] of the Commission, [https://www.modot.mo.gov/ MoDOT&#039;s website], or by requesting it from the office of the Missouri Highways and Transportation Commission in Jefferson City, Missouri. The application for a permit will specifically state the nature of the work to be performed, what specific type of utility facility is to be installed, and, if necessary, the timeframe of any temporary use. Piping of any type of sewage or waste will only be allowed providing any permitting by a regulatory agency, such as Missouri Department of Natural Resources, can be provided. Prior to obtaining a permit through MoDOT’s permit system, a utility owner will be required to provide a bond to ensure satisfactory work and complete a TR50 Electronic Signature Agreement with the Commission. The name of the utility owner must match on the bond, TR50, and in the permit system. More information on permitting can be found in [[:Category:941_Permits_and_Access_Requests|EPG 941]].&lt;br /&gt;
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===643.1.1.1 Emergency Work===&lt;br /&gt;
When emergency operations work is necessary, the damaged utility facility may be accessed immediately and without a permit by leaving the pavement at such points as may be necessary to effect emergency repairs, provided immediate notice is given to the Missouri State Highway Patrol and the district utilities staff for the district wherein the work will be performed, and a permit for emergency operations is requested immediately upon discovery of the need for emergency operations. A permit for emergency operations work is to be obtained as soon as practical, but in no event later than two (2) working days after the emergency operations work has commenced. Emergency operations include, but are not limited to, unplanned work in response to utility facilities being so damaged as to constitute an emergency situation directly affecting or endangering traffic on the highway or public health or safety.&lt;br /&gt;
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===643.1.1.2 Third-Party Inspection===&lt;br /&gt;
When a utility owner has a large number of projects in a given area or projects involving great complexity, MoDOT reserves the right to limit the number of permits open at any given time. With approval of the district utilities staff, a utility owner may hire a third-party inspector, at their cost. The third-party inspector will allow the utility owner to increase the number of permits open at any given time. The responsibility of the third-party inspector will be to ensure the installation of the utility facility proceeds in a manner consistent with the plans approved in the permit, including all work zone requirements and conformity with MoDOT’s Standards and Specifications. The MoDOT approved third-party inspector will be listed in the permit. MoDOT may audit third-party inspections and revoke the right to use third-party inspections should the inspectors fail to perform their duties.&lt;br /&gt;
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===643.1.1.3 Abandoned Utility Facilities===&lt;br /&gt;
All utility facilities installed in Commission right of way are the property of the utility owner whether the utility facility is active or inactive. MoDOT may allow a utility facility to remain on Commission right of way whether the utility facility was abandoned for a MoDOT project or at the utility owner’s discretion. MoDOT may place requirements (such as removing inactive fiber optic cables, grouting pipes, removing valves) on the utility owner as part of the process of abandoning a utility facility. Liability for damage to Commission right of way due to an abandoned facility remains the responsibility of the utility owner. In the event MoDOT requires the removal of the abandoned utility facility, responsibility for the cost of the removal will be determined per [[643.2_Local_Utility_Adjustments_-_Public_and_Private#643.2.8_Preliminary_Engineering_(PE)_Requirements|EPG 643.2.8]].&lt;br /&gt;
&lt;br /&gt;
==643.1.2 Definitions==&lt;br /&gt;
&#039;&#039;&#039;Bridge Attachment:&#039;&#039;&#039; A bridge attachment is any utility facility, including communication lines and electrical lines, or any other utility facility of a similar nature that is fastened to a bridge for the purpose of spanning an obstacle.&lt;br /&gt;
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&#039;&#039;&#039;Clear zone:&#039;&#039;&#039; The total roadside border area starting at the edge of the traveled way, available for safe use by errant vehicles. This area may consist of a shoulder, a recoverable slope, a non-recoverable slope, and/or the area at the toe of a non-recoverable slope available for safe use by an errant vehicle. Clear zone dimensions are provided in the current edition of American Association of State Highway Transportation Officials Roadside Design Guide.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Ditch Line:&#039;&#039;&#039; A line where the roadway ditch meets the back slope. It is located at the lowest point of a V-bottom ditch or furthest point from the roadway of a flat bottom ditch where the roadway slopes back to the existing ground line.&lt;br /&gt;
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&#039;&#039;&#039;Duct:&#039;&#039;&#039; An enclosed tubular casing, or raceway, for protecting wires, lines, or cables that is often flexible or semi-rigid (1-3% diametric deflection). The casing, or raceway, is separate from the cable or conductor that passes through it.&lt;br /&gt;
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&#039;&#039;&#039;Encasement:&#039;&#039;&#039; The term encasement means the placing of an installation around and outside of an underground facility consisting of a larger conduit that permits the removal and replacement of the facility. An alternate to the conduit type encasement is reinforced concrete poured around the utility facility. Utility owners are allowed to use any types of material as a carrier and encasement for its facilities as expressly provided for in the permit issued for the installation of the utility facility.&lt;br /&gt;
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&#039;&#039;&#039;Freeway:&#039;&#039;&#039; A divided arterial highway with full control of access.&lt;br /&gt;
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&#039;&#039;&#039;Highway:&#039;&#039;&#039; Any public way for vehicular travel, including the entire area within the right of way and related facilities constructed or improved and maintained by the Missouri Highways and Transportation Commission (MHTC) acting through the Missouri Department of Transportation (MoDOT).&lt;br /&gt;
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&#039;&#039;&#039;Interchange Limits:&#039;&#039;&#039; For the uniform handling of utility installations only, the limits of an interchange are the outside ramp curve points. See [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_1_TypicalInterchangeLimits_AOD.pdf EPG Figure 643.1.1] for an example.&lt;br /&gt;
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&#039;&#039;&#039;Interstate System or Other Freeways/Expressways:&#039;&#039;&#039; Interstate highways and highways with fully controlled access.&lt;br /&gt;
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&#039;&#039;&#039;Major Routes (Interstates, Freeways/Expressways and Principal Arterials):&#039;&#039;&#039; The major highway system is all routes functionally classified as principal arterials. The principal arterial system provides for statewide or interstate movement of traffic. The major roads in Missouri total approximately 5,500 centerline miles.&lt;br /&gt;
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&#039;&#039;&#039;Minor Routes:&#039;&#039;&#039; The minor highway system is all routes functionally classified as minor arterials or collectors. These routes mainly serve local transportation needs. The minor roads in Missouri total approximately 28,400 centerline miles.&lt;br /&gt;
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&#039;&#039;&#039;Normal Right of Way Line:&#039;&#039;&#039; An imaginary line that connects sudden breaks in the major right of way points for roadways. Sight distance right of way points (triangles) at roadway intersections are not to be considered as sudden breaks for determining normal right of way.&lt;br /&gt;
[[File:fig_643.1.2-06_2026.jpg|none|700px|thumb|Figure 643.1.2 Normal Right of Way Line.]]&lt;br /&gt;
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&#039;&#039;&#039;Private Lines:&#039;&#039;&#039; Privately owned utility facilities which convey or transmit the commodities outlined in the definition of utility facility of this section but devoted exclusively to private use.&lt;br /&gt;
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&#039;&#039;&#039;Scenic Enhancement Areas:&#039;&#039;&#039; Scenic enhancement areas include areas acquired or so designated as scenic strips, overlooks, rest areas, recreation areas, and the right of way of adjacent roadways and the right of way of roadways that pass through public parks and historic sites as described under 23 USC 138.&lt;br /&gt;
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&#039;&#039;&#039;Utility Corridor:&#039;&#039;&#039; An area established for the placement of utility facilities parallel to the normal right of way line.&lt;br /&gt;
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&#039;&#039;&#039;Utility Facility:&#039;&#039;&#039; Privately, publicly, or cooperatively owned line, facility, or system for producing, transmitting, or distributing communications, cable television, power, electricity, light, heat, gas, oil, crude products, water, steam, waste, storm water not connected with highway drainage or any other similar commodity, including any fire or police signal system or street lighting system which directly or indirectly serves the public and does not include privately owned facilities devoted exclusively to private use. The term &amp;quot;utility facility&amp;quot; includes those facilities used solely by the utility owner that are a part of its operating plant.&lt;br /&gt;
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&#039;&#039;&#039;Utility Owner:&#039;&#039;&#039; The utility owner is the utility company, inclusive of any wholly owned or controlled subsidiary, or city or county which owns utility facilities. The term also includes those government agencies that lease a utility facility for its own use or otherwise dedicated solely to governmental use.&lt;br /&gt;
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&#039;&#039;&#039;Variance:&#039;&#039;&#039; A one- (1-) time deviation from the requirements for location or relocation of utility facilities on the right of way of highways in the state highway system as established in [https://www.sos.mo.gov/cmsimages/adrules/csr/current/7csr/7c10-3.pdf Title 7 Code of State Regulations 10-3], requested by the utility, and approved by a MoDOT District Design Engineer.&lt;br /&gt;
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==643.1.3 Location of Utility Facilities==&lt;br /&gt;
Utility facilities paralleling the roadway should be installed in the utility corridor except as outlined below. The utility corridor is the space for all utility owners generally within six feet (6’) of the normal right of way line. When considering if the current utility corridor is available to expand from six feet (6’) to as much as twelve feet (12’), MoDOT determines if the expansion is warranted. In making the determination, MoDOT will consider the existing utilization of the original six feet (6’) corridor. Poles must remain within two feet (2’) of the normal right of way line unless approved by a variance. The utility corridor will only be expanded beyond six feet (6’) if the original six feet (6’) corridor is fully utilized and additional space would be required to accommodate additional utility facilities. Acquisition of additional right of way to establish a twelve feet (12’) corridor is not required on highway construction projects. For depths for underground utility facilities, see [[#643.1.4.1_Minimum_Cover_for_Underground_Facilities|EPG 643.1.4.1]].&lt;br /&gt;
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Utility facilities crossing the roadway should be installed as close to ninety degrees (90°) to the centerline of the roadway as possible and based on the guidelines below depending on the type of roadway. See [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_3_TypicalUtilityCorridor-InterchangeatMajorRoute_AOD.pdf EPG Figure 643.1.3] and [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_4_TypicalUtilityCorridor-InterchangeatMinorRoute_AOD.pdf EPG Figure 643.1.4] for typical utility corridors around interchanges.&lt;br /&gt;
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===643.1.3.1 Interstate System or Other Major Freeways/Expressways===&lt;br /&gt;
The installation of all utility facilities on highways of the Interstate System or other major freeways/expressways with fully controlled access are to be installed, serviced, and maintained without entering or leaving the roadway and ramps except at points approved by MoDOT for that purpose and without parking any equipment or storing materials upon the medians, roadway and ramps, or shoulders of the roadways. Cutting or damaging the pavement or paved shoulders is not permitted. New service connections to existing parallel utility facilities are to be permitted only where an outer roadway exists and then only where access is permitted by the Commission. Careful consideration will be given to the location of guys, anchors, braces, and other supports. Generally, good design practice will provide that appurtenances be located at right of way jogs, along intersecting road right of way, or at other similar acceptable locations, so that encroachment is held to an absolute minimum.&lt;br /&gt;
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No utility facilities will be permitted within the interchange limits of an interchange between fully limited access highways where planned or existing. Utility facilities within the interchange limits of an interchange with a non-access controlled highway will be permitted only along the minor road, provided that all construction, service, and maintenance can be performed from the minor road. Manholes and poles must be located beyond the ramp termini.&lt;br /&gt;
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For structures carrying or over interstates or other major freeways/expressways, see [[#643.1.5_Bridge_Attachment_Policy|EPG 643.1.5]].&lt;br /&gt;
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====643.1.3.1.1 Utility Facilities Crossing the Interstate or Other Major Freeways/Expressways====&lt;br /&gt;
=====643.1.3.1.1.1 Overhead Crossings of the Interstate or Other Major Freeways/Expressways=====&lt;br /&gt;
Overhead crossings of utility facilities are permitted only for power transmission and distribution lines and for multiple circuit communication lines where an underground installation is not economically feasible. Supports for existing utility facilities crossing overhead may remain on the right of way provided they are near the right of way line regardless of the presence of an outer road. Supports for new overhead utility facilities crossing overhead may be located on the right of way near the right of way line where an outer roadway exists and are to be located off the right of way where no outer roadway exists. Overhead service crossings are only permitted in isolated cases for residential or commercial establishments when the denial of the crossing would require construction of more than 1,200 feet (1,200’) of utility line to provide the service. Main or distribution line crossings are required to serve a general area other than isolated cases.&lt;br /&gt;
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=====643.1.3.1.1.2 Underground Crossings of the Interstate or Other Major Freeways/Expressways=====&lt;br /&gt;
Underground crossings of utility facilities are to be continuously encased under the pavement, medians, ramps, and shoulders with the casing extending to the toe of the fill slopes or to the ditch line. In curbed sections, encasement should extend outside the outer curb of the roadways a distance equal to the depth of the encasement at the curb line. Where installed by open trench through unpaved areas, detector tape should be placed approximately one foot (1&#039;) above the encasement. Where an interstate or other major freeway has a parallel outer roadway, encasement should be continuous under all roadways within the right of way.&lt;br /&gt;
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Manholes or vent pipes are to be located at the right of way line or adjacent to the outer roadway.&lt;br /&gt;
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For fiber optic cable, encasement should extend from within six feet (6&#039;) of one right of way line to within six feet (6&#039;) of the other right of way line.&lt;br /&gt;
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Exceptions may be made for encasement as listed in [[#643.1.4.2_Exceptions_to_Encasement|EPG 643.1.4.2]].&lt;br /&gt;
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=====643.1.3.1.1.3 Parallel Installations along the Interstate or Other Major Freeways/Expressways=====&lt;br /&gt;
New parallel installations on the right of way may be permitted only where an outer roadway exists, provided that poles are within two feet (2&#039;) of the normal right of way line and underground utility facilities are within the utility corridor, and provided that the utility facility can be installed and maintained between the outer roadway and the right of way line. Existing overhead or underground utility facilities that parallel an existing roadway which will be incorporated into a completed highway as an outer roadway may remain in place if all maintenance and service can be performed from an outer roadway and the existing location does not interfere with construction, maintenance, or operation of the completed highway. If an existing parallel utility facility needs to be relocated so as to not interfere with the construction, maintenance, or operation of the completed interstate or other major freeway, poles may be located withing five feet (5’) of the right of way line.&lt;br /&gt;
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Underground utility facilities are expected to be buried within the utility corridor of sight distance triangles (SDTs) at roadway intersections unless granted a variance. Overhead utility facilities may be allowed to span intersecting roadways with SDTs provided the poles, or supports, are located outside the SDT.&lt;br /&gt;
&lt;br /&gt;
=====643.1.3.1.1.4 Sanitary Sewers within the Right of Way of Interstates or Other Major Freeways/Expressways=====&lt;br /&gt;
New installations of sanitary sewers should follow the applicable guidelines for either underground crossings or parallel installations as appropriate. Existing gravity trunk sanitary sewers should be considered individually and removed or left in place contingent upon its age, condition, feasibility of moving, and maintenance access. Encasement of existing trunk sewers left in place may be required for questionable condition, protection during construction, or heavy fills.&lt;br /&gt;
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Manholes should be relocated to the right of way lines or adjacent to an outer roadway.&lt;br /&gt;
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===643.1.3.2 Major Routes===&lt;br /&gt;
For structures carrying or over major routes, see [[#643.1.5_Bridge_Attachment_Policy|EPG 643.1.5]].&lt;br /&gt;
&lt;br /&gt;
====643.1.3.2.1 Major Routes with Partially Controlled Access Right of Way====&lt;br /&gt;
The installation of all utility facilities on highways with partially controlled access right of way are to be installed, serviced, and maintained without entering or leaving the roadway and ramps except at points approved by MoDOT for that purpose and without parking any equipment or storing materials upon the medians, roadway and ramps, or shoulders of the roadways. Cutting or damaging the pavement or paved shoulders is not permitted. Equipment or materials stored within the right of way must be protected by longitudinal barrier or be located outside the clear zone. New service connections to existing parallel utility facilities are to be permitted only where granted by the Commission.&lt;br /&gt;
&lt;br /&gt;
No utility facilities will be permitted within the interchange limits of an interchange between fully limited access highways where planned or existing. Utility facilities within the interchange limits of an interchange with a non-access controlled highway will be permitted only along the minor road, provided that all construction, service, and maintenance can be performed from the minor road. Manholes and poles must be located beyond the ramp termini.&lt;br /&gt;
&lt;br /&gt;
====643.1.3.2.2 Major Routes with Normal Access Right of Way====&lt;br /&gt;
All new utility facilities will be installed and maintained without cutting or damaging the pavement or paved shoulders except in the event underlying rock formations or other obstructions are encountered that prevent boring or pushing operations. A variance may be granted for pavement cuts when the need is established. Pavement cuts may only be made by permits issued when it is impractical to otherwise service and maintain the facility. The installation of all utility facilities is to be installed without parking any equipment or storing materials upon the medians, roadway and ramps, or shoulders of the roadways. Equipment or materials stored within the right of way must be protected by longitudinal barrier or be located outside the clear zone.&lt;br /&gt;
&lt;br /&gt;
====643.1.3.2.3 Utility Facilities Crossing Major Routes====&lt;br /&gt;
=====643.1.3.2.3.1 Overhead Crossings of Major Routes=====&lt;br /&gt;
Supports for utility facilities crossing overhead should be located as near the right of way line as possible. For major routes with controlled access right of way, new overhead service crossings may be permitted in isolated cases for residential or commercial establishments where the denial of such crossings would require the construction of more than 1,200 feet (1,200’) of utility line to provide the same service. For major routes with normal access right of way, there is no restriction on the placement of service crossings.&lt;br /&gt;
&lt;br /&gt;
=====643.1.3.2.3.2 Underground Crossings of Major Routes=====&lt;br /&gt;
Underground crossings of utility facilities are to be continuously encased under the pavement, medians, ramps, and shoulders with the casing extending to the toe of the fill slopes or to the ditch line. In curbed sections, encasement should extend outside the outer curb of the roadways a distance equal to the depth of the encasement at the curb line. Where installed by open trench through unpaved areas, detector tape should be placed approximately one foot (1&#039;) above the encasement. Where a major route has a parallel outer roadway, encasement should be continuous under all roadways within the right of way.&lt;br /&gt;
&lt;br /&gt;
Manholes or vent pipes are to be located at the right of way line or adjacent to the outer roadway.&lt;br /&gt;
&lt;br /&gt;
For fiber optic cable, encasement should extend from within six feet (6&#039;) of one right of way line to within six feet (6&#039;) of the other right of way line.&lt;br /&gt;
&lt;br /&gt;
Exceptions may be made for encasement as listed in [[#643.1.4.2_Exceptions_to_Encasement|EPG 643.1.4.2]].&lt;br /&gt;
&lt;br /&gt;
====643.1.3.2.4 Parallel Installations along Major Routes====&lt;br /&gt;
New parallel installations on the right of way may be permitted provided that poles are within two feet (2&#039;) of the normal right of way line and underground utility facilities are within the utility corridor. Existing overhead or underground utility facilities that parallel an existing roadway which will be incorporated into a completed highway may remain in place if all maintenance and service can be performed without entering or leaving the roadway except at approved access points; without parking equipment or storing materials on the median, pavement, ramps, or shoulders; and the existing location does not interfere with construction, maintenance, or operation of the completed highway. If an existing parallel utility facility needs to be relocated so as to not interfere with the construction, maintenance, or operation of the completed highway, poles may be located withing five feet (5’) of the right of way line.&lt;br /&gt;
&lt;br /&gt;
Existing steel pipe transmission and distribution facilities for gaseous petroleum products that parallel an existing roadway that will be incorporated into the completed roadway may be left in place subject to an agreement by the utility owner that maintenance or service and facility expansion will be performed without cutting or damaging the pavement or interfering with the construction, maintenance, and operation of the highway and provided that the facility is cathodically protected against corrosion and meets the applicable material requirements.&lt;br /&gt;
&lt;br /&gt;
Underground utility facilities are expected to be buried within the utility corridor of sight distance triangles (SDTs) at roadway intersections unless granted a variance. Overhead utility facilities may be allowed to span intersecting roadways with SDTs provided the poles, or supports, are located outside the SDT.&lt;br /&gt;
&lt;br /&gt;
====643.1.3.2.5 Sanitary Sewers within the Right of Way of Major Routes====&lt;br /&gt;
New installations of sanitary sewers should follow the applicable guidelines for either underground crossings or parallel installations as appropriate. An existing gravity trunk sanitary sewer should be considered individually and removed or left in place contingent upon its age, condition, feasibility of moving, and maintenance access. If an existing parallel gravity main is left in place within the limits of the paved surface, paved shoulder lines, or curb lines, stub mains as required will be laid between the sewer main and curb or shoulder lines for future service connections in each block. Manholes should be relocated outside the traveled roadway as near the right of way line as practical.&lt;br /&gt;
&lt;br /&gt;
===643.1.3.3 Minor Routes===&lt;br /&gt;
For structures carrying or over minor routes, see [[#643.1.5_Bridge_Attachment_Policy|EPG 643.1.5]].&lt;br /&gt;
&lt;br /&gt;
====643.1.3.3.1 Utility Facilities Crossing Minor Routes====&lt;br /&gt;
=====643.1.3.3.1.1 Overhead Crossings of Minor Routes=====&lt;br /&gt;
Existing overhead crossings that interfere with construction, maintenance, or operation should be relocated with their supports as near the right of way line as is practical. New overhead crossing installations should be located with their supports as near the right of way line as is practical.&lt;br /&gt;
&lt;br /&gt;
=====643.1.3.3.1.2 Underground Crossings of Minor Routes=====&lt;br /&gt;
All new utility facilities should be installed and maintained without cutting or damaging the pavement or paved shoulders. A variance may be granted for pavement cuts when servicing and maintaining the facility by any other methods is impractical. Pavement cuts may only be made by permits issued. Underground crossings of utility facilities are to be continuously encased under the pavement, medians, ramps, and shoulders with the casing extending to the toe of the fill slopes or to the ditch line. In curbed sections, encasement should extend outside the outer curb of the roadways a distance equal to the depth of the encasement at the curb line. Where installed by open trench through unpaved areas, detector tape should be placed approximately one foot (1&#039;) above the encasement.&lt;br /&gt;
&lt;br /&gt;
Manholes or vent pipes are to be located at the right of way line or adjacent to the outer roadway.&lt;br /&gt;
&lt;br /&gt;
For fiber optic cable, encasement should extend from within six feet (6&#039;) of one right of way line to within six feet (6&#039;) of the other right of way line.&lt;br /&gt;
&lt;br /&gt;
Exceptions may be made for encasement as listed in [[#643.1.4.2_Exceptions_to_Encasement|EPG 643.1.4.2]].&lt;br /&gt;
&lt;br /&gt;
====643.1.3.3.2 Parallel Installations along Minor Routes====&lt;br /&gt;
New parallel installations on the right of way may be permitted provided that poles are within two feet (2&#039;) of the normal right of way line and underground utility facilities are within the utility corridor. Existing overhead or underground utility facilities that parallel an existing roadway which will be incorporated into a completed highway may remain in place if all maintenance and service can be performed without entering or leaving the roadway except at approved access points; without parking equipment or storing materials on the median, pavement, ramps, or shoulders; and the existing location does not interfere with construction, maintenance, or operation of the completed highway. If an existing parallel utility facility needs to be relocated so as to not interfere with the construction, maintenance, or operation of the completed highway, poles may be located within five feet (5’) of the right of way line.&lt;br /&gt;
&lt;br /&gt;
Underground utility facilities are expected to be buried within the utility corridor of sight distance triangles (SDTs) at roadway intersections unless granted a variance. Overhead utility facilities may be allowed to span intersecting roadways with SDTs provided the poles, or supports, are located outside the SDT.&lt;br /&gt;
&lt;br /&gt;
====643.1.3.3.3 Sanitary Sewers within the Right of Way of Minor Routes====&lt;br /&gt;
New installations of sanitary sewers should follow the applicable guidelines for either underground crossings or parallel installations as appropriate. An existing gravity trunk sanitary sewer should be considered individually and removed or left in place contingent upon its age, condition, feasibility of moving, and maintenance access. If an existing parallel gravity main is left in place within the limits of the paved surface, paved shoulder lines, or curb lines, stub mains as required will be laid between the sewer main and curb or shoulder lines for future service connections in each block. Manholes should be relocated outside the traveled roadway.&lt;br /&gt;
&lt;br /&gt;
===643.1.3.4 Roundabouts===&lt;br /&gt;
Regardless of roadway type, it is desirable to avoid locating utility facilities and their access points within the circulatory roadway. If possible, utility facilities are located in the legs of the roundabout to allow for future maintenance and access at an isolated leg versus affecting the entire roundabout. See [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_5_TypicalLocationofUtilityFacilitiesnearRoundabouts_AOD.pdf EPG Figure 643.1.5] for an example.&lt;br /&gt;
&lt;br /&gt;
===643.1.3.5 Utility Facilities in Scenic Enhancement Areas===&lt;br /&gt;
All existing utility facilities within the limits of a scenic enhancement area requiring adjustment because of construction or reconstruction will be placed underground or relocated beyond the limits of the scenic enhancement area. No new above ground facilities will be permitted. New underground facilities will be permitted provided they do not extensively alter or impair the appearance of the area.&lt;br /&gt;
&lt;br /&gt;
==643.1.4 Installation of Utility Facilities==&lt;br /&gt;
The following sections provide information on the physical installation of utility facilities within highway right of way.&lt;br /&gt;
&lt;br /&gt;
===643.1.4.1 Minimum Cover for Underground Facilities===&lt;br /&gt;
The minimum cover for new underground utilities is:&lt;br /&gt;
* Forty-two inches (42”) for all water lines (parallel and crossings).&lt;br /&gt;
* Forty-two inches (42”) for fiber optic cable (crossings encased in rigid conduit).&lt;br /&gt;
* Seventy-two inches (72”) for fiber optic cable (crossings encased in polyethylene (PE) pipe).&lt;br /&gt;
* Thirty inches (30”) for direct burial and in trench fiber optic cable (parallel).&lt;br /&gt;
* Twenty-four inches (24”) for all other direct burial copper or coaxial cable, (parallel).&lt;br /&gt;
* Seventy-two inches (72”) for uncased polyethylene (PE) gas pipe crossings under ditches and roadways but thirty inches (30”) elsewhere.&lt;br /&gt;
* Thirty inches (30”) for all other (such as, but not limited to, gravity sewers, forced sewers, and electric) underground utilities (both parallel and crossing).&lt;br /&gt;
&lt;br /&gt;
===643.1.4.2 Exceptions to Encasement===&lt;br /&gt;
Exceptions may be made for encasement as follows:&lt;br /&gt;
* Non-fiber communication or electric cables installed in ducts.&lt;br /&gt;
* Welded steel pipelines carrying gaseous or liquid petroleum products - provided they are cathodically protected against corrosion, triple-coated in accordance with accepted pipeline construction standards, and meet applicable material requirements.&lt;br /&gt;
* Natural gas distribution pipe (nominal six-inch (6”) diameter maximum) of polyethylene (PE) plastic, traceable, installed by a horizontal bore method at a minimum depth of seventy-two inches (72”) under ditches and roadways, constructed in accordance with and meeting applicable material requirements.&lt;br /&gt;
* Gas service connections protected and constructed in accordance with and meeting applicable material requirements.&lt;br /&gt;
* Encasement is not required for new trunk sanitary sewer crossings of vitrified clay, reinforced concrete or cast iron except when installation procedures would produce voids in the roadbed, heavy fills, or installations under pressure.&lt;br /&gt;
&lt;br /&gt;
===643.1.4.3 Above Ground or Ground Level Appurtenances===&lt;br /&gt;
Appurtenances protruding more than four inches (4”) above the ground line should be located outside the clear zone. If no feasible alternative exists and if permitted by a variance, appurtenances may be allowed within the clear zone if they meet breakaway criteria or will be shielded by a traffic barrier. Good design practice will provide that appurtenances be located at right of way jogs, along intersecting road right of way, or at other similar acceptable locations, so that encroachment is held to an absolute minimum. Cables, wires, small diameter pipes, and other such utility appurtenances extending from the surface of the ground should be equipped with covers or guards to improve their visibility. Appurtenances within sidewalks or street level pedestrian access routes are to be in conformance with the Americans with Disabilities Act requirements.&lt;br /&gt;
&lt;br /&gt;
The maximum pull box width perpendicular to the right of way line within the utility corridor is thirty inches (30”).&lt;br /&gt;
&lt;br /&gt;
===643.1.4.4 Overhead Utility Facilities===&lt;br /&gt;
The vertical clearance of new or existing overhead installations will not be less than the current minimum requirements of the National Electric Safety Code, but in no case less than eighteen feet (18’) inclusive of sag above the groundline for electrical facilities. Clearance may be reduced for overhead installations of cable, telephone, or fiber optic facilities.&lt;br /&gt;
A minimum radial clearance of twenty-five feet (25’) is provided from any utility facility to the nearest part of any bridge structure. A minimum radial clearance of ten feet (10’) is provided from the nearest charged electrical line to a MoDOT signal, lighting, ITS, or overhead sign structure.&lt;br /&gt;
&lt;br /&gt;
===643.1.4.5 Approved Materials===&lt;br /&gt;
Utility owners are allowed to use any material for underground utility facilities including carrier and encasement provided they accept responsibility for any future repairs and/or replacement of damaged MoDOT facilities should a failure occur. This will allow the use of current technology and procedures to provide the best value to its subscribers and the taxpayers of Missouri. For materials that MoDOT also uses in its highway system, utility owners must provide materials that meet the current [https://www.modot.org/missouri-standard-specifications-highway-construction Missouri Standard Specifications for Highway Construction]. For materials not listed in the Missouri Standard Specifications for Highway Construction, the utility owner should provide documentation of the standards used to determine suitability of the material.&lt;br /&gt;
&lt;br /&gt;
===643.1.4.6 Cutting===&lt;br /&gt;
In the event permission is granted to cut an existing concrete or asphalt pavement or sidewalk, the appropriate provisions below should be followed.&lt;br /&gt;
&lt;br /&gt;
====643.1.4.6.1 Pavement====&lt;br /&gt;
All pavement cuts should be made with a saw to the full depth of the pavement. The width of the cut is typically determined by the width of the trench plus a minimum one foot (1’) on each side of the trench. In the event the distance to any adjacent longitudinal or transverse joint or crack is less than four feet (4’), the pavement must be removed to the joint or crack. Cuts for perpendicular service tie-ins should be a minimum of three feet (3’) wide. Longitudinal main installations are typically cut at a minimum of half the lane width, but in no instance should the cut be along the wheel path of the lane.&lt;br /&gt;
[[File:fig_643.1.6-06_2026.jpg|800px|none|thumb|Figure 643.1.6 Pavement Repair Dimension Requirements.]]&lt;br /&gt;
&lt;br /&gt;
The utility facilities should be placed in a location with the least impact to the roadway. Typically, this leads to placement in the shoulder when available followed by the two-way left turn lane (TWLTL), and then outside lanes before allowing placement in interior through lanes. Lane switching should be kept to a minimum and should not be used to minimize repair sizes. Cuts for mains or service leads that may not be perpendicular to the roadway should be squared-off.&lt;br /&gt;
&lt;br /&gt;
Replacement of cut pavement should be full depth concrete in accordance with the current version at the time of installation of Section 613.10 Full Depth Pavement Repairs of the Missouri Standard Specifications for Highway Construction and the Missouri Standard Plans for Highway Construction. If the area of the pavement repair is not to be fully resurfaced all joints including the overcut from the sawing operation should be filled with an expansive mortar, epoxy, polyester, or joint material as approved by the Engineer in accordance with Section 1057 of the Missouri Standard Specifications for Highway Construction.&lt;br /&gt;
&lt;br /&gt;
====643.1.4.6.2 Pedestrian Access Routes====&lt;br /&gt;
All cuts in the pedestrian access routes whether asphalt or concrete should be made by saw and be the full depth of the material. Entire slabs of concrete sidewalk should be removed. Repair of the pedestrian access route must meet Americans with Disability Act requirements, see [[:Category:642_Pedestrian_Facilities|EPG 642]]. Cuts through curb ramps or detectable warning areas are not permitted. Rather the entire curb ramp or detectable warning area must be removed and replaced. MoDOT district ADA contacts can help ensure ADA compliance of impacted pedestrian access routes.&lt;br /&gt;
&lt;br /&gt;
===643.1.4.7 Non-disturbance Areas===&lt;br /&gt;
MoDOT has certain areas of right of way where mowing, spraying, digging, or other vegetation disturbance activities are restricted. These areas have been established to mitigate the environmental impacts of a previous project and should be avoided. If the areas cannot be avoided, contact MoDOT’s Environmental Section.&lt;br /&gt;
&lt;br /&gt;
==643.1.5 Bridge Attachment Policy==&lt;br /&gt;
No utility facility will be permitted in or on a structure carrying an interstate or other freeway unless it is part of a federal requirement or for MoDOT’s use. When the structure carries any other road type and no other practical means exists for the crossing, wires (communication, electrical, fiber, or metal) will be permitted. Electrical lines must be located to cause minimum exposure to MoDOT maintenance personnel and the public. Pressurized pipelines for gas or other petroleum products and water and all sewer lines are prohibited on all structures due to the risks associated with their failure.&lt;br /&gt;
&lt;br /&gt;
===643.1.5.1 Agreement===&lt;br /&gt;
An agreement is required for all utility facilities attached to any structure. A charge will be made for the increased maintenance costs involved. This fee is set by the Bridge Division. When permitted, a 50-year occupational agreement is executed with the utility owner. Agreement BR04 Utility Attachment Agreement is used when an attachment is added to a bridge during its construction. Agreement BR09 Bridge Attachment Agreement is used when an attachment is added to an existing bridge.&lt;br /&gt;
&lt;br /&gt;
===643.1.5.2 Requests===&lt;br /&gt;
Requests to attach facilities to structures is a multi-step process. Bridge Division is responsible for approval of the bridge attachment. If at any point in the process, Bridge Division determines the attachment to be unacceptable, a reason is to be provided.&lt;br /&gt;
&lt;br /&gt;
To start, the utility owner submits a conceptual request to the district utilities staff. The conceptual request consists of an explanation of the proposal; a general location sketch (i.e., which side of the bridge); and details on the facility, length, and weight per foot when full. The district utilities staff should work with all relevant district personnel including the District Bridge Engineer in reviewing and recommending the attachment. The district utilities staff will submit the recommended details to the Bridge Division to determine the applicable costs including future maintenance costs and for attachments to new bridges, design and construction. Once the Bridge Division has determined the cost, the district utilities staff shares the cost with the utility owner for their concurrence with furthering the process. For new bridges, if the utility owner concurs with the costs, the district utility staff will prepare the BR04 Agreement for execution by the utility owner and the Commission. MoDOT will be responsible for the design and construction of attachments to new bridges. For existing bridges, the district utilities staff will forward the applicable as-built bridge plans to the utility owner for its use in designing the bridge attachment. The utility owner will provide detailed design drawings, signed and sealed by a professional engineer in the State of Missouri, to the district utilities staff for review. The district utilities staff should work with all relevant district personnel, including the District Bridge Engineer, in reviewing and recommending the details of the attachment to the Bridge Division. Once Bridge Division approves, the Bridge Division will prepare the BR09 Agreement for execution by the utility owner and the Commission. The utility owner is responsible for the construction of attachments to existing bridges. A flow chart, [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_7_BridgeAttachementProcess_AOD.pdf EPG Figure 643.1.7], of the process is available.&lt;br /&gt;
&lt;br /&gt;
Payment from the utility owner for the attachment will be sent to Financial Services by district utilities staff. For BR04 agreements, district utilities staff should discuss with Financial Services how to get the payment credited to the project constructing the attachment. For BR09 agreements, district utilities staff should copy Bridge Division on correspondence with Financial Serves. Checks should be made payable to Director of Revenue, Credit State Road Fund.&lt;br /&gt;
&lt;br /&gt;
For requests from government entities such as cities, counties, and other municipalities, the requested information should be submitted to Bridge Division as described above. However, the district utilities staff will take the lead in preparing the DE10 County Agreement or DE11 Municipal Agreement, as applicable, with input from Bridge Division and Bridge Maintenance. All fees are waived for government entities.&lt;br /&gt;
&lt;br /&gt;
===643.1.5.3 Considerations===&lt;br /&gt;
The following considerations are made in determining the acceptability of a bridge attachment. Unique situations will be discussed with the Bridge Division as required.&lt;br /&gt;
&lt;br /&gt;
====643.1.5.3.1 Bridge Asset Management Program====&lt;br /&gt;
Requests for bridge attachments should be reviewed for consistency with the district’s upcoming bridge asset management program needs. If a structure is due for rehabilitation or replacement in the near future, information should be provided to the utility owner indicating existing remaining life of the bridge. In some instances, it may be in MoDOT’s best interest to deny the request for attachment outright. In some instances, the utility owner may still choose to pursue the short-term attachment to the existing structure. In almost all cases, the utility owner is responsible for the cost of removing and/or relocating their utility facilities for a necessary repair, widening, improvement or reconstruction of the structure. Review existing agreements for cost responsibility for current attachments.&lt;br /&gt;
&lt;br /&gt;
====643.1.5.3.2 Aesthetics====&lt;br /&gt;
In reviewing a request for a bridge attachment, how the structure is viewed by the public will be considered. For example, is the structure over a scenic stream that is extensively used by canoeists, or does the structure span a road that may provide access to a park, campgrounds, or boat launching facilities? Is the structure a grade separation where the motoring public will see the attachment before they pass under it?&lt;br /&gt;
&lt;br /&gt;
====643.1.5.3.3 Method of Attachment====&lt;br /&gt;
In order to maintain structural integrity of any structures the following requirements will apply for attachments.&lt;br /&gt;
&lt;br /&gt;
=====643.1.5.3.3.1 Welding=====&lt;br /&gt;
Welding of hardware to structural steel members (i.e., flanges, webs, stiffeners, and diaphragms) whether in tension or compression is not permitted.&lt;br /&gt;
&lt;br /&gt;
=====643.1.5.3.3.2 Drilling=====&lt;br /&gt;
Drilling holes in any structural steel member is not permitted. Drilling holes for anchors into any prestressed concrete member is not permitted. Although permitted, drilling holes for anchors into the underside of bridge decks must be done with caution. It is recommended all anchors be installed to miss deck reinforcing steel. Generally, drilling into decks will not be allowed where sonotubes were used (voided slab bridges). The depth of the holes should be such that breaking out of the concrete on the top side of the deck does not occur.&lt;br /&gt;
&lt;br /&gt;
=====643.1.5.3.3.3 Corrosion=====&lt;br /&gt;
Attachment hardware will be new, properly coated to prevent corrosion or be of a non-corrosive material, and be designed to support the facility.&lt;br /&gt;
&lt;br /&gt;
====643.1.5.3.4 Location====&lt;br /&gt;
In general, attachments are made on the underneath side of the bridge deck. The condition of the bridge deck will dictate the location of the attachment supports. An exception may be attachments to trusses or other overhead structures.&lt;br /&gt;
&lt;br /&gt;
Attachments that may require manholes in bridge decks are not allowed.&lt;br /&gt;
&lt;br /&gt;
When attachments are required to structures over streams that may carry large drifts, they must be attached to the downstream side of the structure and above the lowest superstructure element. It is preferred to locate the attachment on the outside of the exterior girder. If aesthetics are a concern, a better appearance can be achieved by having the attachment made to the inside of the exterior girder and above the bottom of the lower flange to hide the conduit and the attaching hardware.&lt;br /&gt;
&lt;br /&gt;
Placement of utilities must not prevent the removal of old paint, the application of new paint on superstructure steel, or cause debris buildup, which could cause structural deterioration.&lt;br /&gt;
&lt;br /&gt;
====643.1.5.3.5 Construction and Maintenance====&lt;br /&gt;
If the attachment cannot be built while maintaining one (1) lane of traffic on the structure, it will not be allowed.&lt;br /&gt;
&lt;br /&gt;
Construction procedures that severely impact traffic may factor into the allowable location of the attachment on the structure.&lt;br /&gt;
&lt;br /&gt;
When scaffolding is to be attached or supported by bridge rails, bridge superstructure, or bridge substructure, the procedures for construction of the attachment must be reviewed.&lt;br /&gt;
&lt;br /&gt;
The utility owner or local entity will pay for, or be responsible for, the painting of the attachment, if necessary, when the bridge requires painting.&lt;br /&gt;
&lt;br /&gt;
==643.1.6 Private Lines==&lt;br /&gt;
Private lines are permitted to cross the right of way of a highway in the same manner as outlined for all utility facilities in above sections of this article. Parallel installations along the right of way of a highway are not permitted. Special conditions at a specific location that make adherence to this policy impractical will be submitted to the Chief Engineer for consideration of an acceptable alternative. In certain situations, it may be necessary to obtain approval from the Federal Highway Administration (FHWA) before approval to use the alternative can be given to the private utility owner.&lt;br /&gt;
&lt;br /&gt;
==643.1.7 Water and Sewer Separations==&lt;br /&gt;
The Missouri Department of Natural Resources (MoDNR) Safe Drinking Water Commission via 10 CSR 60-10 and Clean Water Commission via 10 CSR 20-8 govern the design of water and sewer lines in the vicinity of one another. Basic criteria are outlined below for information, and details are contained within the regulations. MoDOT is not responsible for providing or acquiring adequate right of way for utility owners to comply with MoDNR requirements.&lt;br /&gt;
&lt;br /&gt;
===643.1.7.1 Water and Sewer Separations===&lt;br /&gt;
====643.1.7.1.1 Horizontal====&lt;br /&gt;
Sanitary and storm sewers are to be laid at least ten feet (10’) horizontally measured from outside edge to outside edge from any existing or proposed water main. In cases where it is not practical to maintain ten feet (10’) of separation, installation of the water main closer to the sewer is acceptable where the water main is installed in a separate trench or on an undisturbed earth shelf located on one (1) side of the sewer at an elevation so the bottom of the water main is at least eighteen inches (18”) above the top of the sewer.&lt;br /&gt;
&lt;br /&gt;
===643.1.7.2 Crossings===&lt;br /&gt;
Water mains are to be laid to provide a minimum vertical distance of eighteen inches (18”) vertically measured outside edge to edge from sanitary or storm sewers. This is the case whether the water main is above or below the sewer. One (1) full length of water pipe must be located so both joints will be as far from the sanitary or storm sewer line as possible. Special structural support for the water main or sanitary or sewer main may be required.&lt;br /&gt;
&lt;br /&gt;
===643.1.7.3 Exception===&lt;br /&gt;
When it is impossible to obtain proper horizontal and vertical separation as stipulated, the sewer will be designed and constructed equal to water pipe and will be pressure-tested to assure it is watertight prior to backfilling.&lt;br /&gt;
&lt;br /&gt;
===643.1.7.4 Water Supply Interconnections===&lt;br /&gt;
No physical connection is permitted between a public or private potable water supply system and any sanitary or storm sewer or appurtenance that would permit the passage of any sewage or polluted water into the water supply. No water pipe is permitted to pass through or come in contact with any part of a sanitary sewer manhole.&lt;br /&gt;
&lt;br /&gt;
===643.1.7.5 Water Works Structures===&lt;br /&gt;
Sewers are not permitted to be installed within fifty feet (50’) in any direction from any existing or proposed public water supply well or other water supply sources or structures.&lt;br /&gt;
&lt;br /&gt;
==643.1.8 Variances==&lt;br /&gt;
Occasionally, it is impractical to locate a utility facility in accordance with requirements outlined in this article. MoDOT may consider a utility owner’s request for a variance from these requirements on a case-by-case basis. The utility owner should complete a [https://epg.modot.org/forms/general_files/DE/UtilityVarianceApprovalForm.docx Utility Variance Approval Form] to be submitted to MoDOT for consideration. Variances on the Interstate System require approval of the Federal Highway Administration (FHWA). A flow chart, [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_8_VarianceApprovalProcess.pdf EPG Figure 643.1.8], of the variance process is available.&lt;br /&gt;
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A variance will not be permitted just for the convenience of the utility owner. The utility owner requesting a variance must provide all necessary information to properly evaluate if a variance should be approved. For example, a utility owner requesting a variance because “the utility corridor is full” must explore all reasonable options. It is suggested that the requestor pothole the existing utility corridor to confirm the location of existing utility facilities and provide that data to support the need to locate outside of the utility corridor due to its congestion.&lt;br /&gt;
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===643.1.8.1 Variance Process===&lt;br /&gt;
Any utility owner of a public utility facility may apply for a variance. The process for requesting a variance is as follows:&lt;br /&gt;
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====643.1.8.1.1 Submittal Requirements====&lt;br /&gt;
Utility owners submit to the district utilities staff a written request for a variance using the [https://epg.modot.org/forms/general_files/DE/UtilityVarianceApprovalForm.docx Utility Variance Approval Form]. The utility owner must clearly show the provision(s) or guideline(s) for which the variance is being requested; the condition(s) which the utility owner believes warrant(s) the granting of a variance; a thorough explanation of the reason(s) for the requested variance, including sufficient and appropriate documentation of safety, aesthetic, or constructability constraints that would be adverse to the function, access, or maintenance of the utility facility and not in the best interest of the public.&lt;br /&gt;
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====643.1.8.1.2 MoDOT Consideration of Variance Request====&lt;br /&gt;
The utility owner bears full responsibility for demonstrating to MoDOT’s satisfaction that the variance is the most appropriate way to serve the public interest. MoDOT may present to the utility owner and the utility owner must consider reasonable alternatives to the variance requested by the utility owner. In determining whether to grant a variance, district utilities staff will consider all relevant factors including, but not limited to: the requested variance is reasonably necessary for the convenience, safety, health, and/or welfare of the public; there is an exceptional or undue burden or hardship on the specific applicant; a physical impracticability that would result from the applicant’s adherence to the normal location requirements; and the requested variance will not impair the safe construction, maintenance, operation, and safety of public travel on the highway. District utilities staff may consult with the Design Liaison Engineer in evaluating variances.&lt;br /&gt;
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====643.1.8.1.3 Approval of Variances====&lt;br /&gt;
Once district utilities staff have agreed to accept a variance proposed by the utility owner, the [https://epg.modot.org/forms/general_files/DE/UtilityVarianceApprovalForm.docx Utility Variance Approval Form] and all supporting documentation is sent to the District Design Engineer (DDE) for approval. If a variance is on interstate right of way, the DDE-signed Variance Request Form and all supporting documentation is forwarded to the Design Liaison Engineer who will forward to FHWA for their concurrence.&lt;br /&gt;
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====643.1.8.1.4 Variance Appeal Informal Hearing====&lt;br /&gt;
If denied a variance, the utility owner has thirty (30) calendar days to request an informal hearing for the purpose of appealing the denial. Requests must be made in writing to the State Design Engineer, Missouri Department of Transportation, P.O. Box 270, Jefferson City, MO 65102. If the utility owner requests an informal hearing, MoDOT’s authorized representative will advise the applicant of the time, date, and place of the hearing. The hearing is not a contested case under RSMo 536. The rules of evidence will not apply at the hearing, and MoDOT’s decision after the conduct of the hearing is not subject to further appeal.&lt;br /&gt;
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==643.1.9 Excess Right of Way==&lt;br /&gt;
Prior to conveyance of excess right of way, the status of utility facilities within said parcel must be addressed. See [[236.5_Property_Management#236.5.12_Excess_Land_Conveyances_&amp;amp;_Relinquishments_–_Regulated_Utilities|EPG 236.5.12]].&lt;br /&gt;
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==643.1.10 Broadband==&lt;br /&gt;
Broadband development in the state of Missouri is handled by the Department of Economic Development (DED). MoDOT shares its approved Statewide Transportation Improvement Program (STIP) project list with DED. All MoDOT policies related to placement of utility facilities within Commission right of way as outlined in this EPG article 643.1 are to be followed.&lt;br /&gt;
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&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643.2 Utilities in Program Delivery &#039;&#039;PAGE TITLE&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt; &lt;br /&gt;
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==643.2.1 Introduction==&lt;br /&gt;
Improvements to the highway system often require negotiation between the Commission and a city, a county, or a public or private utility owner. The Commission’s district utilities staff is responsible for coordination of highway improvement projects with the utility owner’s representative. The impact to a utility, the responsibility for the cost of adjustments necessary to allow highway construction, the plan of adjustment of the utility, the responsibility of performance of work on utility facilities, and the schedule of the utility adjustment are all items that vary depending on the project and should be investigated and negotiated to ensure highway improvement projects are delivered on-time and on-budget. These should comply with Commission policy. A flowchart [link here] outlining all the utility adjustment processes (reimbursable and non-reimbursable relocations, Master Reimbursable Utility Agreements and Project Specific Agreements, etc.) are available in the list of figures at the top of the page. These processes will not always be in combination, but each should be considered with each project.&lt;br /&gt;
&lt;br /&gt;
The district utilities staff, in conjunction with the Transportation Project Manager (TPM), is expected to invite and encourage participation of utility owner representatives in MoDOT project meetings as needed.&lt;br /&gt;
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When a project involves utility adjustments for which the Commission is responsible for costs, the TPM should program the costs of the utility adjustments as non-contractual construction costs in the STIP Information Management System (SIMS).&lt;br /&gt;
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==643.2.2 Annual Utility Meeting==&lt;br /&gt;
Each district should hold an annual meeting with utilities to discuss current STIP projects in the district. The annual meeting should be held during each year&#039;s STIP preparations, ideally between January and May. All utility owners that have utility facilities in the district should be invited. The intent is to provide the utility owners with an idea of upcoming projects to allow them the opportunity to plan and budget for potential adjustments of their utility facilities, identify both MoDOT and utility roadblocks, and develop action plans to complete utility adjustments better, faster, and cheaper.&lt;br /&gt;
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==643.2.3 Determination of Existing Utilities==&lt;br /&gt;
District utilities staff should determine the appropriate level of effort needed to accurately identify existing utilities within the footprint of a proposed highway construction project. Aboveground utilities are easily identifiable via field checks; however, determination of the precise location of underground utilities can be more challenging and time consuming. Therefore, the district utilities staff should balance the risk of conflict with the highway construction project against the level of effort needed to determine the location.&lt;br /&gt;
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The level of effort on mapping utilities is dependent on the scope of the project and the potential for utilities having an impact on the construction of the project. The project schedule should include the time to complete this task accurately. The time and effort necessary for having accurate locates requires close interaction with the utility locators. Early contact with utility owner representatives may be necessary to accurately locate underground utility facilities.&lt;br /&gt;
&lt;br /&gt;
Various methods of determining existing underground utilities result in different levels of quality. ASCE Standard 38 Standard Guidance for Investigating and Documenting Existing Utilities classifies four levels of quality:&lt;br /&gt;
:1. Quality Level D: QL-D is the most basic level of information for utility locations. It comes solely from existing utility records or verbal recollections, both typically unreliable sources. It may provide an overall &amp;quot;feel&amp;quot; for the congestion of utilities but is often highly limited in terms of comprehensiveness and accuracy. QL-D is useful primarily for project planning and route selection activities.&amp;lt;br&amp;gt;&lt;br /&gt;
: Missouri 811 or “private-locate” markings are to be considered to be QL-D.&lt;br /&gt;
:2. Quality Level C: QL-C is probably the most used level of information. It involves surveying visible utility facilities (e.g., manholes, valve boxes, etc.) and correlating this information with existing utility records (QL-D information). When using this information, it is not unusual to find that many underground utilities have been either omitted or erroneously plotted. Therefore, its usefulness is primarily on rural projects where utilities are not prevalent or are not too expensive to repair or relocate.&lt;br /&gt;
:3. Quality Level B: QL-B involves the application of appropriate surface geophysical methods to determine the existence and horizontal position of virtually all utilities within the project limits. This activity is called &amp;quot;designating&amp;quot;. The information obtained in this manner is surveyed to project control. It addresses problems caused by inaccurate utility records, abandoned or unrecorded utility facilities, and lost references. The proper selection and application of surface geophysical techniques for achieving QL-B data is critical. Information provided by QL-B can enable the accomplishment of preliminary engineering goals. Decisions regarding location of storm drainage systems, footers, foundations, and other design features can be made to avoid conflicts with existing utilities. Slight adjustments in design can produce substantial cost savings by eliminating utility relocations.&lt;br /&gt;
:4. Quality Level A: QL-A, also known as &amp;quot;locating or potholing&amp;quot;, is the highest level of accuracy presently available and involves the full use of the subsurface utility engineering services. It provides information for the precise plan and profile mapping of underground utilities through the nondestructive exposure of underground utilities, and provides the type, size, condition, material, and other characteristics of underground features.&lt;br /&gt;
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For projects with scopes that have potential for utility conflicts, the minimum level of effort required is SUE Quality Level D. Locations of existing utilities are determined by requesting locates through Missouri 811, also known as the “One-Call” process. Missouri 811 locating requests should be carefully considered for the scope of work of the project. When necessary, the location of existing utilities should be established by a field survey of locate markings and features and shown on the roadway plans. Higher level SUE Quality Levels can be used on any project. Adjustment cost savings, whether to the MoDOT or to the utility owner, are beneficial to the taxpayer. Good SUE projects are typically urban in nature, or in congested areas, where the project footprint is to be minimized, or anytime accurate vertical and horizontal location of the utility facility might allow a design to avoid the utility facility thus preventing the need for the adjustment. The SUE process combines civil engineering, surveying, and geophysics. It utilizes several technologies, including vacuum excavation and surface geophysics.&lt;br /&gt;
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When proposed excavation or installation of subsurface features (drainage, equipment bases, etc.) falls within three feet (3’) of a marked Missouri 811 line, soft digging (hand digging, potholing, vacuum methods, pressurized air/water jetting, pneumatic hand tools, etc.) is required to more exactly locate the utility facility both horizontally and vertically. Utility facilities present within the right of way by permit, should be investigated by the utility owner. Utility facilities that would be reimbursable or partially reimbursable as defined in EP 643.2.8 will be investigated by MoDOT.&lt;br /&gt;
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==643.2.4 Conflict Determination==&lt;br /&gt;
Determination of whether a conflict exists between an existing utility facility and a proposed highway improvement project should occur at the earliest possible stage of project development. A conflict may be the result of the physical interaction between the roadway infrastructure and utility facility, a reduction in cover or increase in fill over underground utilities, a reduction in horizontal clearance whether above or below ground, a reduction in overhead vertical clearance, paving over utilities, or restricting a utility owner’s access to its utility facilities. District utilities staff should work with utilities to determine if a conflict exists and the appropriate plan of adjustment to remedy the conflict. The adjustment to the utility may be a relocation or another measure that protects the utility or access to the utility from the proposed highway improvement project. Determination of a conflict needs to be continually re-evaluated as the project design progresses. Continuing coordination is essential.&lt;br /&gt;
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==643.2.5 Utility Plan of Adjustment==&lt;br /&gt;
===643.2.5.1 Request for Plan of Adjustment===&lt;br /&gt;
District utilities staff will request a plan of adjustment from utility owners whose utility facilities are in conflict with a proposed highway project. The plan of adjustment may consist of efforts to relocate the utility or otherwise protect a utility from the impacts of the proposed highway project. Utilities are shown on the roadway plan and profiles sheets that are furnished to utility owners for use in planning required utility adjustments. Any other sheets such as drainage, traffic signal, lighting, or ITS plans that show impacts to a utility facility should also be provided to the utility owners. All adjustments, reimbursable or not, require a plan of adjustment furnished by the utility owner.&lt;br /&gt;
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A transmittal letter is included in the request for a plan of adjustment. The letter informs the utility owner that regardless of whether an adjustment is reimbursable, no physical adjusting or relocating of their utility facilities to accommodate the proposed highway improvement is to be performed without specific approval and authorization. Additionally, if any part of the adjustment has the potential to be reimbursable, they are advised:&lt;br /&gt;
# They may undertake preliminary engineering by their own forces upon approval by district utilities staff of the estimated costs of preliminary engineering.&lt;br /&gt;
# They may employ a consultant to do the PE work provided they request and obtain prior approval. See [[#643.2.6_Preliminary_Engineering_Requirements|EPG 643.2.6 Preliminary Engineering Requirements]].&lt;br /&gt;
# Any preliminary engineering costs accrued prior to the date of written authorization to proceed will not qualify for reimbursement.&lt;br /&gt;
# Replacement right of way or easements cannot be purchased without specific approval and authorization.&lt;br /&gt;
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===643.2.5.2 Proposed Plan of Adjustment===&lt;br /&gt;
Developing a plan of adjustment is a multi-step process. The utility owner will propose a conceptual approach to adjusting the utility facilities to allow highway construction. This conceptual approach is used as the basis for determining cost responsibility, estimate of costs for preliminary engineering and construction, developing the agreement if necessary, and final design of the adjustment. Negotiations between district utility staff and the utility owner’s representative can result in changes to the design throughout the process.&lt;br /&gt;
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Final plans of adjustment must contain a legend on the first sheet identifying the utility symbols used. They must also show the existing utility facilities and their disposition, the location of the new or adjusted utility facilities, the existing and new right of way lines, the limited or fully controlled access symbols (where applicable), the existing and proposed roadways, ramps, and outer roadways and any other pertinent roadway information. They must contain sufficient details concerning location, elevation, compaction, clean up, etc. to provide for the proper adjustment of the utility facility. Relocated and/or existing utility facilities that will remain in place must be dimensioned or indicated in a manner to show their location in respect to the right of way lines. It is preferred that the utility owner transmits the plan of adjustment by electronic deliverables in a format that can be incorporated into the roadway plans. This will reduce the time and effort necessary as well as increase the accuracy of transferring this information into the roadway plans.&lt;br /&gt;
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Plans of adjustment received from the utility owner are to be checked for compliance with MoDOT’s requirements ([[#643.1_Utilities_Location|EPG 643.1 Utility Location]]) by the district utilities staff. They are also checked to ensure compatibility with the roadway design. Any continuing conflicts are resolved through negotiations with the utility owner.&lt;br /&gt;
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Occasionally, it is impractical to perform a utility adjustment in accordance with MoDOT’s requirements. Sometimes the utility may request approval of a plan of adjustment that does not conform to these requirements. Deviation from MoDOT’s utility requirements is a variance. Refer to [[#643.1.8_Variances|643.1.8 Variance Process]] for additional guidance.&lt;br /&gt;
The final plan of adjustment is included as Exhibit “A” to the agreement ([[#643.2.12_Utility_Agreements|EPG 643.2.12 Agreements]]).&lt;br /&gt;
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==643.2.6 Preliminary Engineering Requirements==&lt;br /&gt;
Preliminary engineering (PE) can be performed one of four ways for utility adjustments:&lt;br /&gt;
# The utility owner can use its own engineering forces.&lt;br /&gt;
# MoDOT can select an engineering consultant, after consultation with the utility owner, and the consultant contract will be administered by MoDOT.&lt;br /&gt;
# The utility owner can select an engineering consultant, with approval by MoDOT, and the consultant contract will be administered by the utility owner.&lt;br /&gt;
# If a utility adjustment is being included in a MoDOT administered construction contract, the preliminary engineering of the adjustment can be provided by MoDOT.&lt;br /&gt;
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For reimbursable utility adjustments, the amount paid to engineers, architects, and others for required engineering and allied services can be included in reimbursement amount provided such amounts are not based on a percentage of the costs of the necessary adjustments to allow highway construction. Reimbursement is available for contracts executed after solicitation of a consultant for the specific adjustment or existing continuing contracts when it is demonstrated that such work is performed regularly for the utility owner in its own work and that the costs are reasonable.&lt;br /&gt;
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A [https://epg.modot.org/forms/general_files/DE/UtilityConsultantContractChecklist.docx checklist is available for reviewing consultant-engineering contracts] to ensure the contract conforms to MoDOT policy and complies with applicable federal regulations. District utilities staff should use the checklist to review contracts and may consult with Audits and Investigations Division as necessary. The procedures in 23 CFR part 172, Administration of Engineering and Design Related Service Contracts may be used as a guide for reviewing proposed consultant contracts. [[:LPA:136.4_Consultant_Selection_and_Consultant_Contract_Management|EPG 136.4 Consultant Selection and Consultant Contract Management]] may also be used as a guide.&lt;br /&gt;
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===643.2.6.1 Solicited Consultant Contracts===&lt;br /&gt;
If solicitation of PE services is required for reimbursable utility adjustments, the utility owner must provide the following documents and information to district utilities staff. These documents need to be provided as soon as the utility owner has chosen to solicit a consultant. Document 1 must be supplied by all utility owners. Documents 2 and 3 are only required when the utility owner is a local government agency who is also a political subdivision of the state of Missouri (e.g., city-owned utilities, county-owned utilities). All other utility owners are encouraged, but not required, to provide Documents 2 and 3:&lt;br /&gt;
# A statement that the utility owner is not staffed or able to perform the required PE services with its own forces.&lt;br /&gt;
# Provide the names of at least three (3) consultants considered.&lt;br /&gt;
# The criteria used to evaluate each consultant and reasons why the selected consultant was selected.&lt;br /&gt;
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The following documents need to be provided as soon as the utility owner has successfully negotiated and entered into a contract with the consultant:&lt;br /&gt;
# The name and address of the selected consultant.&lt;br /&gt;
# A statement that the &amp;quot;[https://epg.modot.org/forms/general_files/DE/CertificationOfConsultant.docx Certification of Consultant]&amp;quot; will be furnished immediately upon award of the contract to the consultant.&lt;br /&gt;
# One executed copy of the proposed engineering contract or agreement between the utility owner and consultant, only if the engineering will exceed $5,000.00.&lt;br /&gt;
# The consultant&#039;s fixed (lump sum) or estimated fee (actual cost) and the contract maximum.&lt;br /&gt;
# A cost summary providing a detailed breakdown of the basis for the consultant&#039;s compensation, including estimated labor hours, hourly rates for each classification, overhead rate (if used), the amount of profit charged, and any other estimated charges such as travel expenses, equipment rentals, etc. If an overhead rate is used, the consultant must also submit the supporting overhead rate calculations.&lt;br /&gt;
# An independent cost estimate of engineering services provided by the utility owner to use in comparison to the consultant’s proposed engineering services to check for cost reasonableness.&lt;br /&gt;
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===643.2.6.2 Continuing Consultant Contracts===&lt;br /&gt;
When a utility owner chooses to use an existing continuing contract for PE services, the utility owner must provide the following documents and information to the district utilities staff as soon as possible.&lt;br /&gt;
# A statement that the utility owner is not staffed or able to perform the engineering with its own forces.&lt;br /&gt;
# The name and address of the consultant under the existing continuing contract.&lt;br /&gt;
# A statement that the &amp;quot;[https://epg.modot.org/forms/general_files/DE/CertificationOfConsultant.docx Certification of Consultant]&amp;quot; will be furnished.&lt;br /&gt;
# A copy of the continuing contract to the district utilities staff. The district utilities staff will review the contract for reasonableness of cost.&lt;br /&gt;
# The consultant&#039;s fixed (lump sum) or estimated fee (actual cost) and the contract maximum for the work associated with the utility adjustment.&lt;br /&gt;
# A cost summary providing a detailed breakdown of the basis for the consultant&#039;s compensation, including estimated labor hours, hourly rates for each classification, overhead rate (if used), the amount of profit charged, and any other estimated charges such as travel expenses, telephone, etc. If an overhead rate is used, the consultant must also submit the supporting overhead rate calculations.&lt;br /&gt;
# An independent cost estimate of engineering services provided by the utility owner to use in comparison to the consultant’s proposed engineering services to check for cost reasonableness.&lt;br /&gt;
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===643.2.6.3 Consultant Contract Changes===&lt;br /&gt;
If a PE services contract between a utility owner and a consultant needs to be revised, a copy of the revised contract, fee, and schedule should be submitted by the utility owner to the district utilities staff prior to allowing for contract changes. District utilities staff should review the contract changes to ensure the revised contract conforms to MoDOT policy and complies with applicable federal regulations.&lt;br /&gt;
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==643.2.7 Environmental and Right of Way==&lt;br /&gt;
===643.2.7.1 Utilities and Environmental Clearances===&lt;br /&gt;
District utilities staff should coordinate with the TPM and utility owner’s representative to understand and communicate on known environmental and cultural constraints that could impact a utility owner’s plan of adjustment. This will allow the utility owner to consider permitting timelines and alternatives that avoid environmental or cultural resources to keep the project on schedule.&lt;br /&gt;
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One strategy to make project delivery more efficient and ensure regulatory compliance is for MoDOT to obtain the environmental and cultural resource permits and clearances for the utility owners associated with a roadway improvement while obtaining its own. This would generally only be for the permits and regulatory clearances MoDOT already needs to pursue as a part of the transportation improvement.&lt;br /&gt;
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District utilities staff should coordinate with the utility owner’s representative early in the project timeline to determine if it is in the best interest of both MoDOT and the utility owner to obtain permits and environmental clearances jointly. The following strategies can be utilized to determine if a joint approach to environmental work should be pursued:&lt;br /&gt;
* If utility facilities are moving to a location within or immediately adjacent to MoDOT right of way, a utility owner may be invited to participate in permitting and environmental compliance activities.&lt;br /&gt;
* If utilities move to a location not within or adjacent to MoDOT right of way, the utility company would not normally be invited to participate in permit applications and environmental compliance activities. However, some unique projects may necessitate further attention and should be discussed with the Design Liaison Engineer.&lt;br /&gt;
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If MoDOT and the utility owner agree to obtain joint permits and clearances, written communication between the utility owner’s representative and the district utilities staff should document the following items:&lt;br /&gt;
* List of the permits and clearances that MoDOT will acquire on behalf of the utility owner.&lt;br /&gt;
* List of the information needed from the utility owner in order for MoDOT to acquire the permits and clearances.&lt;br /&gt;
* Schedule and deadlines for submittal of the information by the utility owner. For example: utility plans, fill quantities, construction methods, dates, or seasons of construction.&lt;br /&gt;
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Permits and clearances that may be needed by both a utility owner and MoDOT include:&lt;br /&gt;
* [[127.7_Threatened_and_Endangered_Species|Endangered Species Act consultation and clearance]]&lt;br /&gt;
* [[127.2_Historic_Preservation_and_Cultural_Resources#127.2.1.1_Historic_Preservation_Regulations_and_Laws|Section 106 of the National Historic Preservation Act clearance]]&lt;br /&gt;
* [[127.10_Section_4(f)_Public_Lands|Section 4(f) clearance]]&lt;br /&gt;
* [[127.10_Section_4(f)_Public_Lands#127.10.1.4_Section_6(f)_Laws_and_Regulations|Section 6(f) of the Land and Water Conservation Fund Act clearance]]&lt;br /&gt;
* [[127.4_Wetlands_and_Streams|Section 401 and Section 404 of the Clean Water Act permits]]&lt;br /&gt;
* [[:Category:806_Pollution,_Erosion_and_Sediment_Control#806.1_Introduction_(see_Sec._806)|Section 402 of the Clean Water Act permit (State Operating Permit for Erosion Control)]]&lt;br /&gt;
* [[127.8_Hazardous_and_Solid_Waste|Recommendations on contaminated soil disposition]]&lt;br /&gt;
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===643.2.7.2 Right of Way Acquisition and Utilities===&lt;br /&gt;
The Commission is obligated to acquire the width of right of way required by the design of the highway improvement. For utility facilities currently located within the Commission’s right of way, this includes the necessary space for the utility facilities impacted by the design of the highway improvement. Either additional right of way width to accommodate a utility corridor or a utility easement can be obtained for the relocation of utility facilities. When drainage easements are acquired along a channel, additional space for utility facilities should be considered to avoid conflicts between the utility facility and the bridge or culvert.&lt;br /&gt;
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District utilities staff should inform the utility owner’s representative of the potential of a conflict between an existing utility facility and a proposed highway construction project early in the project development process to allow sufficient time for the utility owner to prepare a plan of adjustment and notify the district utilities staff of any easement needs. When utility facilities are located on a utility owner’s private easement, the utility owner may obtain its own new easements. If the utility owner is not in a position to negotiate for new easements or if the utility owner’s policies will not permit it to condemn property to obtain the easement, MoDOT can acquire the easement in the same manner roadway right of way is obtained. The district utilities staff should verify the utility owner is aware of the opportunity to have MoDOT acquire the easement, and the utility owner should provide written documentation on whether the utility owner would like to pursue this option with MoDOT.&lt;br /&gt;
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For situations where the utility owner will obtain its own replacement right of way and the cost of the adjustment is MoDOT’s responsibility, the utility right of way cost should be reviewed by the district right of way department to ensure the cost is reasonable and acquisition followed state and federal regulations. In order to expedite utility adjustments necessary to allow highway construction, the district utility staff may authorize the utility owner to obtain easements prior to all details of a plan of adjustment being developed. In this situation, the district utilities staff should ensure enough details are known to justify the needed right of way, and an agreement for right of way costs only should be executed with the utility owner.&lt;br /&gt;
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For situations where MoDOT will obtain the right of way necessary to allow highway construction, district utility staff should negotiate with the utility owner’s representative to ensure all necessary utility easements are shown on the approved right of way plans. The TPM should confirm with district utilities staff that the right of way plans accurately reflect the needs of the utility owners prior to requesting right of way plan approval. The district Right of Way Manager should confirm with district utilities staff before requesting an acquisition date (A-date). Every effort should be made to avoid adding utility easement requests once negotiations with property owners have begun.&lt;br /&gt;
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Occasionally, when negotiations cannot be completed for easements for the adjustment of utility facilities, it may be necessary to condemn for the property. District utilities staff should coordinate with the utility owner’s representative to ensure no alternate design for the adjustment of the utility facility is practical. The decision to condemn for easements for the adjustment of the utility facilities requires the exercise of good judgment in reaching the conclusion that further good faith negotiations are futile and condemnation is necessary to maintain the project in the scheduled letting. The TPM should coordinate with the district utilities staff and district Right of Way (RW) personnel on the condemnation proceedings.&lt;br /&gt;
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Easement and other right of way documents used with utility owners are handled in accordance with procedures established jointly with RW and district utilities staff. District survey staff prepare the land descriptions for use in utility easements. The district utilities staff is responsible for completion of the easements in the correct form and scope. A sketch delineating the area described is attached to the easement as Exhibit “A”. Communication with the Design Division will ensure use of proper forms, corporate names and locations, and particular wording required for joint ownerships. The description for a utility easement is to be referenced to the nearest land corner shown on the plans. Examples of easements can be found in the template list in [https://netprod3.dot.missouri/eAgreements/Search/QuickSearch eAgreements].&lt;br /&gt;
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In situations where MoDOT is acquiring right of way with existing utility easements, but the district utilities staff and the utility owner’s representative agree that the utility facility may remain in place, the utility owner will release the property to the Commission separate from the right of way acquisition. This is done by executing an Easement for Highway Construction (UT16). The utility owner grants and conveys, with warranty of title expressed or implied, to the Commission, the right to construct, reconstruct, and maintain a highway over and across that portion of the easement owned and held by the utility owner. In the future, the utility owner retains any reimbursable rights should future projects require adjustments to allow highway construction.&lt;br /&gt;
&lt;br /&gt;
==643.2.8 Cost Responsibility==&lt;br /&gt;
In addition to determining if a conflict exists between an existing utility facility and a highway improvement project, it is important to determine who is responsible for the costs of the necessary adjustments to allow highway construction. An adjustment for which the Commission is responsible for the costs is known as a reimbursable adjustment. An adjustment for which the Commission is not responsible for the costs is known as a non-reimbursable adjustment. An adjustment for which the Commission and the utility share responsibility for costs is known as a partially reimbursable adjustment. Adjustments determined to be reimbursable or partially reimbursable by the Commission are to be completed under the terms of an agreement executed between the utility owner and the Commission.&lt;br /&gt;
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===643.2.8.1 Commission Responsibility===&lt;br /&gt;
====643.2.8.1.1 Utility Facilities Located on Private Easements====&lt;br /&gt;
When the utility facility is located on a private easement within the new right of way to be acquired for a future project, the Commission is responsible for the cost of the necessary adjustments to allow highway construction. It may be possible that such easement does not have written easement rights. The Commission will honor this oral right provided acceptable documentation is provided by the utility owner to the district utilities staff. An [https://epg.modot.org/forms/general_files/DE/NonwrittenEasementRights_Example.docx example of acceptable documentation for not written easement rights] is available. Other forms of documentation will be considered on an individual basis.&lt;br /&gt;
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=====643.2.8.1.1.1 Future Moves=====&lt;br /&gt;
When the utility facility is located on a private easement, taken into the Commission’s right of way, the Commission may agree that any future moves of the same utility by Commission order may be made at the Commission’s cost. Documentation of this agreement is by an Easement for Highway Construction (UT16) agreement. If the Commission provides a substitute private easement, then the Commission will have future obligations consistent with the utility facility’s status in an easement.&lt;br /&gt;
&lt;br /&gt;
====643.2.8.1.2 Utility Facilities Located within Commission Right of Way====&lt;br /&gt;
When the utility facility is located within Commission right of way, but has prior land rights, the Commission is responsible for the cost of adjustments to allow highway construction. The utility owner is responsible for documenting to the satisfaction of the district utilities staff, the basis for the claim of prior land rights within Commission right of way. Time spent researching prior rights is considered coordination and is reimbursable.&lt;br /&gt;
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====643.2.8.1.3 City or County Utility Facilities on City or County Streets====&lt;br /&gt;
When roadway improvements are within the corporate limits of cities, towns, and villages, a municipal agreement is negotiated between the Commission and the municipality. Likewise, when roadway improvements are within the limits of a county and outside the municipal limits, a county agreement is negotiated between the Commission and the County Commission. Included in these agreements are provisions regarding reimbursement for adjusting city or county owned utility facilities. Reimbursement is provided for adjustment of city or county owned utility facilities that are now located on city or county streets and not on Commission right of way.&lt;br /&gt;
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====643.2.8.1.4 Lumen====&lt;br /&gt;
Lumen – National (formerly CenturyLink, Lightcore, or Digital Telephone, Inc. (DTI)) and the Commission have entered into a partnership agreement, “Amended and Restated Fiber Optic Cable on Freeways in Missouri,” executed June 5, 2003 which obligates the Commission to be responsible for the cost of the necessary adjustments to allow highway construction along the routes identified in the agreement. A copy of the agreement is available to district utilities staff.&lt;br /&gt;
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====643.2.8.1.5 Services to the Commission====&lt;br /&gt;
When a utility facility provides a service connection to local Commission facilities such as power to traffic signals, lighting, ITS, and cathodic protection and phone drops to traffic signal controllers or other Commission facilities, the Commission is responsible for the cost of the necessary adjustments to allow highway construction.&lt;br /&gt;
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====643.2.8.1.6 Private Service Lines====&lt;br /&gt;
While most utility owners reconnect the private service lines at no cost to the property owner, some do not. If a utility owner does not reconnect service lines, MoDOT can include adjustment of private service lines in roadway contracts. Bid items for relocating service connections are provided for the different types of anticipated adjustments.&lt;br /&gt;
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====643.2.8.1.7 Second Moves====&lt;br /&gt;
If the Commission requires additional work to a utility facility after the facility has been relocated or adjusted in accordance with a plan of adjustment approved by the Commission for a single project number, the Commission is responsible for the cost of the additional work regardless of whether the initial adjustment was Commission responsibility as outlined in other parts of [[643.2_Local_Utility_Adjustments_-_Public_and_Private#643.2.8.1_Federalizing_Funds_for_Preliminary_Engineering|643.2.8.1]].&lt;br /&gt;
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The purpose of the policy is to encourage utilities to relocate early rather than waiting until plans are published for bidding. The policy eliminates the utility having to relocate twice at its own expense because of late changes in the design. It is best to have utilities relocated prior to construction, and this policy helps achieve that goal. Therefore, it is imperative that the designer notifies district utilities staff as soon as possible of any changes made after these plans have been sent. If notified immediately, it may be possible to inform the utility owner prior to their final design thereby eliminating a second move.&lt;br /&gt;
&lt;br /&gt;
Under this policy, the following are not considered second moves. Temporary and staged relocations necessary to accommodate construction and agreed upon by the utility and the Commission prior to relocation are considered a single move and are not subject to the provisions of the second move policy. If the Commission requires adjustment of a utility facility for which the utility owner is responsible for the cost of the adjustment and was originally determined to not need adjustment, the utility owner is responsible for the cost of the adjustment. The utility owner is responsible for the cost of additional work to any portion of the utility facility after the utility facility has been adjusted in accordance with a plan of adjustment approved by the Commission if the additional work is required by the Commission due to error by the utility owner in preparation of plan of adjustment, field location of, or construction of the adjustment of the utility facility.&lt;br /&gt;
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When evaluating construction contract changes by change order or value engineering, the impacts of the second move policy should be considered.&lt;br /&gt;
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===643.2.8.2 Utility Owner Responsibility===&lt;br /&gt;
====643.2.8.2.1 Utility Facilities Owned and Operated by a Political Subdivision====&lt;br /&gt;
When a utility facility is located within Commission right of way, but does not have prior land rights, the utility owner is responsible for the cost of the necessary adjustments to allow highway construction. When a utility facility is located on public right of way other than Commission right of way, the utility owner is responsible for the cost of the necessary adjustments to allow highway construction.&lt;br /&gt;
&lt;br /&gt;
When a political subdivision must bear part or all the cost of adjustments to their utility facilities, and the cost creates a financial hardship, the Commission, by its authorized representative, the Chief Engineer, may temporarily assume these costs. A payback agreement with the political subdivision will include an applicable interest rate for a comparable maturity from a widely published index of tax-exempt municipal rates obtained from Financial Services. Payback time will not exceed five (5) years.&lt;br /&gt;
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====643.2.8.2.2 Utility Facilities Other Than Those Owned by a Political Subdivision====&lt;br /&gt;
When a utility facility is on the right of way of a public road or street or on state highway right of way without prior land rights and adjustment is necessary to allow for the construction of a roadway improvement, the utility owner is responsible for the cost of the necessary adjustments to allow highway construction.&lt;br /&gt;
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===643.2.8.3 Shared Responsibility===&lt;br /&gt;
When a utility facility is located such that portions of it are a Commission responsibility and portions of it are a utility owner responsibility by the definitions above, the costs of the necessary adjustments to allow highway construction will be split by the Commission and the utility owner. If the exact cost for each party can be determined, each party will be responsible for their portion of the cost of relocating the utility facility. If the exact cost for each party cannot be determined, the parties will arrive at a percentage reimbursement on an equitable basis.&lt;br /&gt;
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===643.2.8.4 Notice of Hearing===&lt;br /&gt;
When relocation or other difficulties with utility facilities on public right of way arise that prevent resolution by negotiation, formal hearings will be required.&lt;br /&gt;
&lt;br /&gt;
The district initiates a request for a utility relocation hearing with a letter to the Chief Counsel’s Office (CCO) (a copy is provided to the Design Division) requesting a hearing date. CCO will arrange for a hearing room, court reporter, etc. and advise the district of the hearing date.&lt;br /&gt;
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The district will prepare the notice of hearing by strictly following the given format and serve the notice on all persons and utility owners listed. The property and utility owner must be served only by personal service or by mailing a certified letter, return receipt requested, no later than 15 days before the date of hearing. This will require the district to make every effort to identify the correct property owner before preparing the notice of hearing. To avoid delays, every attempt will be made to issue the hearing notice at least 30 days prior to the hearing date in case any property has changed ownership and any additional property owners must be served. A notice of hearing on service line connections will also be served on the private or public owner of the main or distribution line to which the service lines are connected. A notarized &amp;quot;Report of Personal Service&amp;quot; will be completed when notification by certified mail is not used.&lt;br /&gt;
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One copy of the hearing notice and attachments, &amp;quot;Report of Personal Service&amp;quot; and certified mail notices are to be submitted to CCO after notification is complete.&lt;br /&gt;
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Prior to the hearing, the district&#039;s representative will become familiar with the details of the utility adjustment in order to provide concise testimony to expedite the hearing process. CCO will assign an attorney to work with the district and present the case.&lt;br /&gt;
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Refer to 7 CSR 10-3.030 020 Utility Relocation Hearings for additional information.&lt;br /&gt;
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A Waiver of Hearing should be obtained for non-reimbursable adjustments to document the commitment of the utility owner to adjust its utility facilities without adversely impacting the highway construction project. This may be accomplished informally via written communications between the district utilities staff and the utility owner’s representative. A [https://epg.modot.org/forms/general_files/DE/WaiverOfHearingForm.docx formal Waiver of Hearing statement] may be requested by either MoDOT or the utility owner. A [https://epg.modot.org/forms/general_files/DE/WaiverOfHearingLetter.docx sample transmittal letter for the Waiver of Hearing] is available. For reimbursable or partially reimbursable adjustments, the formal agreement serves as the basis of documentation of this commitment.&lt;br /&gt;
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==643.2.9 Estimates==&lt;br /&gt;
District utilities staff will negotiate with utility owners to determine reimbursable costs of the necessary adjustments to allow highway construction ([[#643.2.8_Cost_Responsibility|EPG 643.2.8 Cost Responsibility]]). These estimates are prepared in accordance with the provisions of 23 CFR 645 and any amendment thereto. These estimates must reflect the same procedures and costs used by the utility owners in their normal operations and must also accurately represent the expected costs of the work. The utility owner’s estimate will be reviewed by the district utilities staff to ensure compliance with 23 CFR 645.&lt;br /&gt;
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===643.2.9.1 Independent Cost Estimate===&lt;br /&gt;
The independent cost estimate provides the basis for district utilities staff to review the utility owner’s estimate of costs of the necessary utility adjustments to allow highway construction and any subsequent negotiations with the utility owner. The district utilities staff should prepare an independent cost estimate. The independent cost estimate may be based on unit prices of anticipated items of work in a utility adjustment necessary to allow highway construction. The independent cost estimate alternately may be based on recent similar types of utility adjustments necessary to allow highway construction and scaled for size. Consultants can be used to develop the independent cost estimate. All documentation of the independent cost estimate should be placed in MoProjects.&lt;br /&gt;
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===643.2.9.2 Type of Project Cost Estimates===&lt;br /&gt;
Either Actual Cost or Lump Sum estimates may be used for estimating the costs on the necessary utility adjustments to allow highway construction. If an Actual Cost estimate is used, detailed records of materials, labor, and equipment are made by district utilities and/or construction staff during construction, and a final audit of the utility owner’s cost records is made to determine the Commission’s actual responsibility for costs of the adjustment completed to allow highway construction. If a Lump Sum estimate is used, a final audit of costs for an adjustment in payment is not required. The Actual Cost method requires more detailed record keeping and documentation by the utility owner and district staff during construction. The Lump Sum method requires more upfront detail and work by the utility owner and judgment on the district utilities staff on the acceptability of the cost. The district utilities staff will work with the utility owner’s representative to determine the best type of estimate and therefore agreement to use.&lt;br /&gt;
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====643.2.9.2.1 Actual Cost Estimate====&lt;br /&gt;
The cost estimate that supports the actual cost agreement is prepared in sufficient detail to determine the reasonable expected cost of the work to support development of an agreement between the utility owner and the Commission. However, reimbursement is based on the actual costs of design and construction of the necessary adjustment to allow highway construction. The actual cost estimate should detail all costs of the necessary adjustment to allow highway construction, even if the Commission is only responsible for a portion of the costs as detailed in EPG [[#643.2.8.3_Shared_Responsibility|643.2.8.3 Shared Responsibility]].&lt;br /&gt;
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Actual cost estimates can be used for any dollar amount of reimbursement.&lt;br /&gt;
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====643.2.9.2.2 Lump Sum Estimates====&lt;br /&gt;
The cost estimate that supports the lump sum agreement must be accurate, comprehensive, verifiable, and in sufficient detail to present a clear picture of the work involved and the cost of the individual items. The estimate may cover only that portion of the adjustment for which the Commission is responsible for the costs of the necessary utility adjustments to allow highway construction.&lt;br /&gt;
Lump sum estimates are limited to a maximum of $200,000 of Commission responsibility of costs of the necessary utility adjustments to allow highway construction; however, exceptions may be made for special situations that have prior approval from Design Division. These exceptions usually cover major relocations for which the Commission&#039;s proportionate responsibility is extremely small.&lt;br /&gt;
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===643.2.9.3 Utility Cost Estimate Requirements===&lt;br /&gt;
Whether using an Actual Cost or Lump Sum estimate, the following should be included in the estimate, if applicable. If any of the following sections are not included in the estimate, a qualifying statement as to why the costs were not included should be provided.&lt;br /&gt;
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====643.2.9.3.1 Scope of Work====&lt;br /&gt;
All estimates require a concise summary of the work to be performed on the estimate. An example is &amp;quot;an estimate of cost covering the work of relocating Company&#039;s 12-inch Cushing-Woodriver pipeline to accommodate construction of Route 47 in Franklin County on Job No. J6P0172&amp;quot;.&lt;br /&gt;
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====643.2.9.3.2 Engineering Costs====&lt;br /&gt;
Costs of engineering, whether preliminary or construction, must be shown as separate items and are not to be included with &amp;quot;labor costs&amp;quot;. Concurrent cost accounting procedures of FHWA and MoDOT make this a necessity. See [[#643.2.6_Preliminary_Engineering_Requirements|EPG 643.2.6 Preliminary Engineering]] and [[#643.2.16.2_Construction_Contract_Requirements|EPG 643.2.16.2 Construction Contract Requirements]] for further information.&lt;br /&gt;
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====643.2.9.3.3 Right of Way Costs====&lt;br /&gt;
A detailed estimate of the cost to acquire replacement easements by the utility owner is required. The cost should be supported by a right of way plan.&lt;br /&gt;
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====643.2.9.3.4 Material Costs====&lt;br /&gt;
Quantities, description of the item, the unit cost, and the extended totals are shown. Percentage computations will be shown immediately following &amp;quot;total cost&amp;quot; so the utility owner’s and Commission&#039;s cost obligations are properly indicated. Unit assembly costs similar to those used by several of the rural electric association (R.E.A.) cooperatives are acceptable, provided the same units and charges are used in the utility owner’s regular operations. A handling charge conforming with the utility owner’s regular procedures may also be included.&lt;br /&gt;
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====643.2.9.3.5 Labor Costs====&lt;br /&gt;
Hours, individual or crew rates, and extended totals are shown. Payroll additives such as insurance, retirement, social security, vacation, and other benefits are shown as a separate item under this heading in accordance with utility owner’s regular procedures. Adequate explanation must be given for total percentage used, especially in those cases where materials and labor are combined as unit costs or where labor percentages include additives and equipment requirements.&lt;br /&gt;
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====643.2.9.3.6 Equipment Costs====&lt;br /&gt;
A description of the equipment to be used must be shown jointly with the number of hours to be charged. Rates charged for equipment usage must be justified by the utility owner’s established accounting procedures. When the utility owner does not have an established accounting procedure or a capitalization and depreciation schedule that is used in its own operations, the rates are to be established by using rental rate publications as a guide. A reasonable amount will be deducted, when using rental rate schedules, for profit that the rental company realizes. A full explanation of the methods used in establishing the rates must also be submitted to support the utility owner’s request and with approval of the district utilities staff.&lt;br /&gt;
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Equipment may be rented when the utility owner’s equipment is not available or is inadequate, with the rental rate justified by appropriate solicitation of bids. See [[#643.2.16.2_Construction_Contract_Requirements|EPG 643.16.2 Construction Contract Requirements]] for further information.&lt;br /&gt;
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Unusual accounting procedures may be accepted with adequate prior explanations and approval of the Design Division.&lt;br /&gt;
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====643.2.9.3.7 Removal Costs====&lt;br /&gt;
These costs are estimated and shown in a similar method but separately from installation costs. When removal costs exceed salvage credits by more than the estimated cost of removal by the roadway contractor, an effort should be made to persuade the utility owner to abandon the utility facilities in place. An exception is made when the utility owner is required to remove abandoned utility facilities because of liability, hazard, or by specific agreement with the Commission. Abandoned utility facilities can be included with the miscellaneous removals in the roadway contract. It may be possible for the utility owner to remove those portions of the utility facility for which credits will exceed removal costs, with the remainder of the utility facility to be abandoned for removal in the roadway contract. Materials removed must be itemized, with the utility owner’s customary salvage credit given. Items to be scrapped or junked should be indicated. Whenever a utility facility or portion thereof is shown to be abandoned on the plan of adjustment, the roadway plans should be notated accordingly. This eliminates ownership problems if these utility facilities are removed or salvaged by the roadway contractor.&lt;br /&gt;
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When the utility facility is no longer needed and removal is necessary to accommodate the roadway project, the removal of the item may be handled either as a right-of way-item or a utility adjustment. When handled as a right of way item, the damages allowed are to equal the depreciated value of the utility facility, with the necessary removals being accomplished by the roadway contractor. If accomplished as a utility adjustment, the Commission, by utility agreement, will reimburse the utility owner for removal costs and receive salvage credit for the material removed, up to but not exceeding removal costs.&lt;br /&gt;
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====643.2.9.3.8 Salvage of Removed Materials====&lt;br /&gt;
This statement, to explain the salvage credit or lack of credit, will reflect routine utility owner policy as well as the particular situation. The utility owner will place a value on any recovered material for salvage. District utilities staff should check this value for reasonableness. Examples of salvage statements include:&lt;br /&gt;
* Existing utility facilities to be abandoned in place, since the cost of salvaging, based on our past experience, will exceed their value.&lt;br /&gt;
* Only those items will be salvaged for which salvage credit will exceed the cost of removal and salvage.&lt;br /&gt;
* Company liability requires removal of the retired utility facilities, even though the cost of removal will exceed allowable credit for salvage.&lt;br /&gt;
* Salvage credits are in accordance with established company accounting procedures.&lt;br /&gt;
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====643.2.9.3.9 Accrued Depreciation Credits====&lt;br /&gt;
Credit is required for the accrued depreciation of a utility facility that is being replaced. Examples are a building, structure, pumping station, filtration plant, power plant, substation, or other similar operational unit. Credit for accrued depreciation will not be required for a segment of the utility&#039;s service, distribution, or transmission lines. It is also not required when the building or structure is being moved as necessitated by the highway project. Acceptable accrued depreciation credit will be determined by using the following formula:&lt;br /&gt;
&amp;lt;math&amp;gt;\frac{\text{Actual Length of Service of Replaced Facility (Years)}}{\text{Total Estimated Service Life of Replaced Facility (Years)}} x&amp;lt;/math&amp;gt;&amp;lt;span style=&amp;quot;font-family: &#039;Times New Roman&#039;, Times, serif; font-size: 130%;&amp;quot;&amp;gt; Original Cost ($) = Credit ($)&amp;lt;/span&amp;gt;&lt;br /&gt;
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====643.2.9.3.10 Betterment Credits====&lt;br /&gt;
Betterment means the upgrading of the utility facility being relocated, made solely for the benefit of and at the election of the utility owner and is not attributable to the roadway improvement. Credit to the Commission is required for the additional costs incurred for the betterments introduced in the adjusted utility facility. No betterment credit is required for additions or improvements which are:&lt;br /&gt;
* Required by the highway project&lt;br /&gt;
* Replacement devices or materials that are of equivalent standards although not identical&lt;br /&gt;
* Replacement of devices or materials no longer regularly manufactured with next highest grade or size&lt;br /&gt;
* Required by law under governmental and appropriate regulatory commission code&lt;br /&gt;
* Required by current design practices regularly followed by the utility owner in its own work, and there is a direct benefit to the highway project&lt;br /&gt;
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====643.2.9.3.11 Overhead Costs====&lt;br /&gt;
Overhead costs are usually a percentage of the total labor cost. This item must be in accordance with the utility owner’s established accounting procedures, which in some cases may include handling costs or be a percentage of the total cost of the work involved. Additional attention to overhead costs is required when the rate is different from previously accepted rates. Occasionally, it can be difficult to obtain the necessary information at the time of the estimate to approve the overhead rates. In this situation, the estimate can be approved with exception of the overhead rates for payment. The utility owner is informed of this matter with the understanding that the overhead rates could be approved and paid with submission of appropriate supporting data and Financial Services audit review.&lt;br /&gt;
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====643.2.9.3.12 Prorating Costs====&lt;br /&gt;
The need for prorating utility adjustment costs occurs when both the Commission and the utility owner are responsible for a portion of the utility adjustment necessary to allow for highway construction, and the actual costs for reimbursement in each category cannot be explicitly determined. Generally, the following conditions require division of costs:&lt;br /&gt;
* The adjustment is considered partially reimbursable per [[#643.2.8.3_Shared_Responsibility|EPG 643.2.8.3 Shared Responsibility]]&lt;br /&gt;
* Betterments are included in the necessary adjustment of the utility facility&lt;br /&gt;
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The district utilities staff should negotiate with the utility owner’s representative to determine an equitable basis for the prorating of costs based on the characteristics of the utility adjustment necessary to allow for highway construction.&lt;br /&gt;
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====643.2.9.3.13 Costs Records====&lt;br /&gt;
The estimate should include a statement as to where the utility owner’s cost records may be reviewed. An example: &amp;quot;Company cost records will be available in our office at 2134 Industrial Avenue, Tulsa, Oklahoma&amp;quot;.&lt;br /&gt;
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====643.2.9.3.14 Other====&lt;br /&gt;
Additional statements will explain or further clarify the work that is included. Such other items may include bypasses, special equipment, need for larger utility facilities, etc.&lt;br /&gt;
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==643.2.10 Schedule==&lt;br /&gt;
Timely adjustments of utility facilities are essential for efficient completion of highway construction projects. Ideally, all utility adjustments are completed prior to a project’s Plans, Specifications, and Estimate (PS&amp;amp;E) submittal to Central Office. Depending on the specifics of the highway construction and utility adjustment necessary, early completion of the utility adjustment may not be practical. The district utilities staff should negotiate with the utility owner to determine the schedule parameters necessary for the utility adjustment. At a minimum, the utility owner should document the dates it anticipates starting and completing the work. If a utility adjustment depends upon the completion of a portion of the highway construction, the necessary milestone for starting the utility adjustment should be documented along with an anticipated number of working days to complete the utility adjustment. The schedule is included as Exhibit “C” to the agreement.&lt;br /&gt;
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==643.2.11 Pre-Audits==&lt;br /&gt;
The district utility staff performs a pre-audit review and approval prior to preparation of the agreement. A [https://epg.modot.org/forms/general_files/DE/PreAuditChecklist.docx pre-audit checklist] should be completed and saved in MoProjects.&lt;br /&gt;
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==643.2.12 Utility Agreements==&lt;br /&gt;
Whenever the Commission is responsible for the cost of the necessary adjustments to allow highway construction, an agreement is required. If a Master Reimbursable Utility Agreement (see [[#643.2.12.2_Master_Reimbursable_Utility_Agreements|EPG 643.2.12.2]]) has not been executed with the utility owner, a Project Specific Agreement (see [[#643.2.12.3_Project_Specific_Agreements|EPG 643.2.12.3]]) is executed between the utility owner and the Commission. In some cases, it may be more practical for the Commission to include adjustment of utilities into a Commission administered contract. A Utility Agreement - Actual Cost (For Utility Work That is to be Included in the Missouri Highways and Transportation Commission&#039;s Road Project) (see [[#643.2.12.4_Agreement_for_Utility_Work_Included_in_Roadway_Improvement_Project|EPG 643.2.12.4]]). Agreements include a plan of adjustment (Exhibit “A”), cost estimate (Exhibit “B”), and schedule (Exhibit “C”).&lt;br /&gt;
&lt;br /&gt;
The Utility Agreement boilerplate forms have been approved by the Chief Counsel’s Office (CCO). They are identified in the upper left-hand corner of each agreement by an identifier such as CCO Form: UT01 for the Master Reimbursable Utility Agreement. CCO updates these agreements as necessary. They serve as a guide in the preparation of the agreement to be executed with the utility owner for the adjustments required to their utility facilities to accommodate the proposed roadway improvement project. District utilities staff should use the latest version of the agreement found in [https://netprod3.dot.missouri/eAgreements/Search/QuickSearch eAgreements] in drafting an agreement with utility owners. A list of utility agreements and detailed information concerning the sequence for preparing and executing an agreement is available in EPG [[:Category:153_Agreements_and_Contracts|153 Agreements and Contracts]].&lt;br /&gt;
&lt;br /&gt;
These forms are to be used word for word. Revisions or additions are only made to address specific project details. The intent of each paragraph must be retained, although specific words may be revised to fit the particular situation. No paragraphs are deleted without prior approval from CCO. For guidance on acceptance of liability, refer to the [[:Category:153_Agreements_and_Contracts#153.1.1.2_Acceptance_of_Liability_Policy_(MoDOT_Access_Only)|Acceptance of Liability Policy]] at the CCO SharePoint page. Drafts of agreements having major revisions or complications are to be submitted, with supporting data, to Design Division for comment and approval.&lt;br /&gt;
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A reference to 23 CFR 645 is included in all agreements. Utility owners must be acquainted with these requirements and procedures. The incorporation of 23 CFR 645 by reference in all agreements eliminates the need for a second set of regulations to be included in the document.&lt;br /&gt;
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The agreement for the adjustment of a utility is prepared by the district utilities staff and submitted to the utility owner for execution. The agreement is based on the plan, estimate of cost which was prepared in accordance with 23 CFR 645, and schedule. Authorized individuals representing the utility owner will execute the agreement. The agreement must be signed, sealed, and if necessary, notarized by the utility owner. If the utility owner does not have or use a corporate seal, write &amp;quot;NO SEAL&amp;quot; under the signatures of the owner’s officers. Agreements with political subdivisions are to be supported by an appropriate ordinance, a copy of which is to be submitted with the executed agreements. All copies will be forwarded to the CCO for further handling. A fully executed copy of the agreement will be retained in eAgreements. If the agreement was executed using electronic signatures, the district utilities staff should forward an electronic copy of the fully executed agreement to the utility owner. If the agreement was executed using wet signatures, one (1) paper copy of the fully executed agreement will be returned by the Commission Secretary’s Office to the district utilities staff. The district utilities staff will forward this copy to the utility owner.&lt;br /&gt;
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===643.2.12.1 Buy America Build America Requirements===&lt;br /&gt;
All agreements contain information on Buy America Build America (BABA) compliance. The utility owner should select the method of certification (See [[#643.2.19_Buy_America_Build_America_for_Utilities|EPG 643.2.19]]) at the time of agreement completion. The appropriate paragraph will be inserted into the agreement. All BABA compliance documents must be retained by the utility owner and made available upon request at no cost to the Commission and/or FHWA.&lt;br /&gt;
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====643.2.12.1.1 Utility Owner Self-Certification====&lt;br /&gt;
The City/Company certifies that when determining products/materials subject to Buy America Build America requirements to use in the performance of this Agreement, it shall use only such products/materials for which it has received a certification from its supplier, or provider of construction services that procures the product/material, certifying compliance with Buy America Build America requirements. This does not include products/materials for which waivers have been granted pursuant to 23 CFR 635.410. The City/Company will not be required to provide the Commission copies of the supplier certification as part of this Agreement or with the final invoice of said Commission’s Federal-Aid Highway Construction Project.&lt;br /&gt;
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====643.2.12.1.2 Vendor/Manufacturer Certification====&lt;br /&gt;
The City/Company certifies that when determining products/materials subject to Buy America Build America requirements to use in the performance of this Agreement, it shall use only such products/materials for which it has received a certification from its supplier, or provider of construction services that procures the product/material, certifying compliance with Buy America Build America requirements. This does not include products/materials for which waivers have been granted pursuant to 23 CFR 635.410. The City/Company shall provide to the Commission all Buy America compliance documents as outlined in the Commission’s Engineering Policy Guide 643. All required compliance documents shall accompany the final invoice submitted to the Commission.&lt;br /&gt;
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===643.2.12.2 Master Reimbursable Utility Agreements===&lt;br /&gt;
The UT01: Master Reimbursable Utility Agreement (MRUA) is a statewide agreement that has been executed by the utility owner and the Commission for all future reimbursable utility adjustments between both parties. Once a MRUA is executed, no other utility agreements are required on design-bid-build projects. The district utilities staff should encourage utility owners to enter into a MRUA with the Commission to reduce potential future delays in executing a project specific agreement. A list of previously executed [https://modotgov.sharepoint.com/sites/DE/Utilities/Agreements/MRUA%20-%20Existing?csf=1&amp;amp;web=1&amp;amp;e=4LJHoa Master Reimbursable Utility Agreements (Modot Access Only)] is available. District utilities staff should add newly executed agreements to this list. The MRUA can be employed as either an actual cost ([[#643.2.12.3.1_Actual_Cost_Agreements|EPG 643.2.12.3.1]]) or lump sum ([[#643.2.12.3.2_Lump_Sum_Agreements|EPG 643.2.12.3.2]]) agreement. When the reimbursable adjustment will utilize a MRUA, the district utilities staff will prepare a MRUA correspondence letter (“letter agreement”) referencing the executed MRUA. A copy of the MRUA correspondence letter should be saved in MoProjects for reference by Financial Services, the district construction office, and the district staff responsible for inspection of utility adjustments. All project specific items such as type of agreement (actual cost or lump sum), plan of adjustment, estimated total cost, cost allocation, and schedule are addressed in the MRUA correspondence letter from the district utilities staff to the utility owner. A flowchart of the MRUA process is available.&lt;br /&gt;
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===643.2.12.3 Project Specific Agreements===&lt;br /&gt;
If a utility owner does not have a MRUA with the Commission, a project specific agreement will be required for every project for which the Commission is responsible for the necessary adjustments to allow highway construction. The project specific agreement will be either an actual cost ([[#643.2.12.3.1_Actual_Cost_Agreements|EPG 643.2.12.3.1]]) or lump sum ([[#643.2.12.3.2_Lump_Sum_Agreements|EPG 643.2.12.3.2]]) agreement.&lt;br /&gt;
&lt;br /&gt;
====643.2.12.3.1 Actual Cost Agreements====&lt;br /&gt;
The UT03: Utility Agreement – Actual Cost is used when detailed estimates are not practical or costs appear to be questionable. Details on actual cost estimates can be found at [[#643.2.12.3.1_Actual_Cost_Agreements|EPG 643.2.9.2.1 Actual Cost Estimates]]. Once the final invoice on a UT03 is submitted to Financial Services, district utilities staff should change the status on the agreement in eAgreements to completed.&lt;br /&gt;
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====643.2.12.3.2 Lump Sum Agreements====&lt;br /&gt;
The UT02: Utility Agreement – Lump Sum eliminates the need for keeping detailed records of cost and the auditing of cost records. Estimates of cost must be prepared in detail for use of this agreement. When detailed estimates are not practical or costs appear unreasonable, actual cost agreements are to be used. Use of special forms of agreements, such as &amp;quot;subordination agreements&amp;quot;, which are desired by certain utility owners, is acceptable. These, too, must be revised to cover the particular situation. Details on lump sum estimates can be found at [[#643.2.9.2.2_Lump_Sum_Estimates|EPG 643.2.9.2.2 Lump Sum Estimates]]. Once the final invoice on a UT02 is submitted to Financial Services, district utilities staff should change the status on the agreement in eAgreements to “completed”.&lt;br /&gt;
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===643.2.12.4 Agreement for Utility Work Included in Roadway Improvement Project===&lt;br /&gt;
The UT04: Utility Agreement - Actual Cost (For Utility Work That is to be Included in the Missouri Highways and Transportation Commission&#039;s Road Project) allows for the adjustment to be based on actual cost with the roadway contractor performing the utility work. Caution should be exercised in the type of utilities to be relocated in roadway contracts. Utilities recommended are waterlines and sewer lines. Other utilities, such as gas lines, communication lines, and power lines are to be studied thoroughly before being included in the project.&lt;br /&gt;
&lt;br /&gt;
The Transportation Project Manager and district utilities staff must plan ahead to get this work in the roadway contract. The utility owner must agree to include the utility adjustment in the roadway contract. The adjustment may be on highway right of way or on private easement in the name of the utility owner. The utility owner can agree to allow MoDOT’s contractor to work in its easement. However, district utilities staff in consultation with district right of way staff should review the easement documentation to verify the utility owner’s rights to the easement and any limitations on its use. MoDOT’s contractor can work and operate on both Commission right of way and on the utility easement, even when not directly connected to the Commission right of way, as part of the job site. Temporary construction easements may be necessary in addition to the utility easement to ensure adequate working room for the contractor.&lt;br /&gt;
&lt;br /&gt;
:The utility owner may request exemption to any liability for negligence of our contractor working on their easement. The Commission can assume that liability (refer to [[:Category:153_Agreements_and_Contracts#153.1.1.2_Acceptance_of_Liability_Policy_(MoDOT_Access_Only)|Acceptance of Liability Policy]]), but it should be included in the utility agreement if so desired by the utility owner. A Job Special Provision is necessary to require the MoDOT contractor to hold the utility harmless from all claims due to contractor negligence.&lt;br /&gt;
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Subsurface information, i.e. boring data, etc., should be obtained by the utility owner since it may be needed for the design of the utility adjustment. This information should be included in the plans. If the utility owner must bear all or part of the cost of the adjustment, the utility owner must agree to pay a pre-deposit to the Commission prior to opening bids on the project. This should be in the utility agreement. The pre-deposit will be credited to the &amp;quot;Missouri Highway and Transportation Commission - Local Fund.&amp;quot; Any interest earned in the fund will apply to the cost of the adjustments. The utility agreement will include language that the utility will inspect the installation and assume maintenance of the utility facility after construction. MoDOT will also provide engineering supervision to be sure the road contractor is in compliance with the contract. Utility plans and specifications are to be approved by the owner prior to submittal to the Central Office. The following items will provide minimum information to allow MoDOT’s contractor to bid the work.&lt;br /&gt;
# Individual bid items (not &amp;quot;lump sum&amp;quot;) should be established to promote better bidding and to handle overruns and underruns. Bid items not included on the Computer Stored Bid Item list should be &amp;quot;99&amp;quot; numbers.&lt;br /&gt;
# he bid package must be in our letting format. If the package was prepared by a consultant as if the utility owner were going to let it, all bid bond or bidding procedures must be screened to remove requirements contrary to MoDOT letting requirements. District utilities staff should work with the Transportation Project Manager, Design Liaison Engineer, and Central Office Bidding and Contract Services to ensure this requirement is met.&lt;br /&gt;
# The specifications required by the utility owner should be reviewed for items that could cause a bid problem for our contractor. Items such as non-readily available materials or sizes should be avoided.&lt;br /&gt;
# Utility plan sheets should be .pdf files equivalent to 22 in. x 34 in. It is helpful to have a quantity sheet specifically for utility items.&lt;br /&gt;
# Any special procedures required for the utility installation should be included in the Job Special Provisions.&lt;br /&gt;
# The utility package should be submitted on-time to Central Office with other project plans.&lt;br /&gt;
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===643.2.12.5 Agreement for a Utility Only Project===&lt;br /&gt;
Any of the above agreements can be modified for a utility only project separate from the roadway project. The utility only project may be done by forces hired by the utility owner or by the Commission. A separate utility only project has distinct advantages when the following occurs:&lt;br /&gt;
* The utility work is extensive&lt;br /&gt;
* It must be performed in accordance with the utility owner’s seasonal requirements&lt;br /&gt;
* It extends beyond the limits of the construction project&lt;br /&gt;
* It must be performed considerably in advance of the roadway contract&lt;br /&gt;
&lt;br /&gt;
Necessary environmental and design work is still required for the limits of the separate utility only project. It may be necessary in these cases to have a second agreement with the utility owner to cover any other work that must be performed concurrently with the roadway contract. These latter agreements will use the roadway construction job number. Early need for utility projects is to be determined at the time when the STIP is updated each year. The utility construction funds will be shown in the year right of way funds are assigned. This will be done whenever possible to secure early adjustment of utility facilities. A request by the district is sent to the Planning Division. Estimated dollar amounts for utility adjustments are needed. These are estimates and do not need to be extremely accurate. When a special utility project is established, it is preferred, if at all possible, to include all the utility adjustments necessary for the entire roadway project. If funds are available, additional agreements can be added to this utility project until the final invoice for the first completed agreement is received for payment.&lt;br /&gt;
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===643.2.12.6 Supplemental Agreements===&lt;br /&gt;
For utility owners with a UT01 agreement, a supplemental letter agreement documenting the change in the scope or cost of the work is acceptable.&lt;br /&gt;
&lt;br /&gt;
The UT05: First Supplemental Agreement is used to document changes to UT02 and UT03 agreements. If changes to the scope of work occur that are anticipated to exceed $100,000 or 15% of the original agreement, a UT05 is required. If the final invoice on an actual cost adjustment without changes in the scope of work exceeds the limits shown in the table below, a UT05 is required.&lt;br /&gt;
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{| class=&amp;quot;wikitable&amp;quot; style=&amp;quot;margin-left: 25px; text-align:center&amp;quot;&lt;br /&gt;
! Amount in Original Actual Agreement !! Final Bill Total Exceeds Original Amount by:&lt;br /&gt;
|-&lt;br /&gt;
| 0-$25,000 || 50%&lt;br /&gt;
|-&lt;br /&gt;
| $25,000-$100,000 || 40%&lt;br /&gt;
|-	&lt;br /&gt;
| Exceeds $100,000 || 30%&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
Should multiple UT05s be required with the same utility owner, the UT05 should be modified for additional supplemental agreements. Once the final invoice on an UT05 is submitted to Financial Services, district utilities staff should change the status on the agreement in eAgreements to “completed”.&lt;br /&gt;
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==643.2.13 Utility Adjustments in Roadway Plans and Job Special Provisions (JSPs)==&lt;br /&gt;
It is the responsibility of the MoDOT Transportation Project Manager (TPM) to ensure utility plans of adjustment are shown on the project plans at the Plan, Specification, and Estimate (PS&amp;amp;E) stage based upon information coordinated by the district utilities staff with the appropriate utility owner.&lt;br /&gt;
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===643.2.13.1 Plans===&lt;br /&gt;
A legend showing all applicable utility symbols and the names of the utility owners is shown on the first special utility sheet. In the absence of special utility sheets, this information may be shown on the title sheet or the first plan and profile sheet. The following note is required to be placed on the title sheet or the first plan and profile sheet and the first special utility sheet (if used) to inform contractors of the suitability of the utility information contained on the plans.&lt;br /&gt;
&lt;br /&gt;
&amp;quot;The existence and approximate location of utility facilities known to exist, as shown on the plans, are based on the best information available to the Commission at this time. This information is provided by the Commission &amp;quot;as-is&amp;quot; and the Commission expressly disclaims any representation or warranty as to the completeness, accuracy, or suitability of the information for any use. Reliance upon this information is done at the risk and peril of the user, and the Commission shall not be liable for any damages that may arise from any error in the information&amp;quot;.&lt;br /&gt;
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===643.2.13.2 Job Special Provisions===&lt;br /&gt;
Since the addition of utility information on the plans, supplied by a third party, could subject the Missouri Highway and Transportation Commission to additional liability, a Utility JSP reflecting the status of utility adjustments will be required. The JSP will include the name, address, e-mail address, and telephone number of all utility owner representatives for all utility facilities located on the project. The anticipated adjustment completion date for each utility adjustment is also to be shown based on the agreed upon dates, durations, or completion dates with the utility owner’s representative. This information will inform the bidder of the status of utilities for proper work coordination that could affect the bids for the proposed highway construction project. Status notations will include general notations such as: “N/A”, “Work is in progress”, “Work has not started”, “Work is complete”, and “Work is included in contract.”&lt;br /&gt;
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===643.2.13.3 PS&amp;amp;E Submittal===&lt;br /&gt;
In the District Final Plans Submittal Checklist (D-12), the TPM should note any issues related to existing utility facilities or the adjustment of utility facilities either shown or not shown on the plans. Projects with “No Utility Impacts” such as some overlays, striping, bridge washing, etc. do not need a Utility Status Letter or Utility JSP. The D-12 is used for these projects. In the D-12, under Project Details – “Utilities”, the note “NO” is selected and under “Status”, select “Clear”. For all other projects, the district utilities staff will write a Utility Status Letter. The TPM will include the Utility Status Letter with the submittal of the final plans to the Design Division. The Utility Status will be defined as:&lt;br /&gt;
# Utility facilities are present, but no conflict is anticipated with the highway construction project. Or,&lt;br /&gt;
# All utility facilities requiring adjustment to allow highway construction have been physically adjusted on the project. Or,&lt;br /&gt;
# Utility construction work is planned or active and will be completed to such a point that no impact will be expected to the highway construction project. The status of this work is defined in the utility JSP. Or,&lt;br /&gt;
# Utility facilities are not expected to be adjusted by the notice to proceed date for the road project, but the utility work will have no impact on the progress of the highway construction project. The status of this work is defined in the utility JSP. Or,&lt;br /&gt;
# Utility facilities must be adjusted after the road contractor completes stage construction or in coordination with the contractors’ work. Details of the coordination effort required of the contractor are defined in the utility JSP to properly advise bidders. Or,&lt;br /&gt;
&lt;br /&gt;
# Utility adjustment plans and specifications are included in the bid documents for the highway construction project. A UT04 agreement must be executed.&lt;br /&gt;
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==643.2.14 Payment to Utility Companies for Reimbursable Work==&lt;br /&gt;
Authorization and federal funding obligation must be approved prior to incurring costs. This applies to all types of work on utility facilities including preliminary engineering. An obligation is a commitment by the federal government to reimburse MoDOT for the federal share of a project’s eligible cost.&lt;br /&gt;
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===643.2.14.1 Obligation Process===&lt;br /&gt;
Federal funding can be used with both lump sum and actual cost agreements. After the utility agreement is fully executed, the district utilities staff will email a copy of the utility agreement or the letter agreement referencing the MRUA to the email group OBLIGATE. This email should request the authorization authority for use of federal funds and to be informed of a Notice to Proceed (NTP) (see EPG 643.2.15) date by Financial Services once federal funding has been obligated. District utilities staff should allow three (3) weeks to receive the NTP. Financial Services will use Advance Construction (AC) funding to fund reimbursement to utility owners. With AC funding, state funds initially are used to pay for reimbursement to utility owners. Once construction is complete, with appropriate documentation of the work via the C-9 and C-13, Financial Services will convert to federal funding.&lt;br /&gt;
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===643.2.14.2 Preliminary Engineering===&lt;br /&gt;
On occasion, preliminary engineering (PE) may need to be undertaken by the utility owner prior to the execution of a utility agreement. If a utility owner has a MRUA, an estimate of the cost of the PE work by the utility owner may be used to obligate funding for preliminary engineering under the MRUA as a PE only letter agreement. If a lump sum or actual cost agreement will be required with the utility owner for the project, district utilities staff should do two (2) agreements with one agreement covering PE only, and once a design for the adjustment is obtained, a second agreement for the construction of the adjustment should be executed. If a separate PE only agreement is obtained, NTP will need to be issued twice to the utility owner: once for PE and once for construction.&lt;br /&gt;
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===643.2.14.3 Right of Way===&lt;br /&gt;
Once Notice to Proceed has been given, the utility owner may begin the right of way acquisition process. If the utility owner needs to acquire right of way prior to a full agreement for relocation has been negotiated, the agreement specifically for the acquisition of right of way should be executed. This agreement will be sent to Financial Services to begin the obligation process.&lt;br /&gt;
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===643.2.14.4 Construction===&lt;br /&gt;
Payment to utility owners for construction of the adjustment may occur in a number of phases.&lt;br /&gt;
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====643.2.14.4.1 Prepayment====&lt;br /&gt;
Per the utility agreement, the Commission allows utility owners to be prepaid prior to commencing work. The district utilities staff may negotiate the prepayment if the utility owner is receptive. The utility owner will submit a request for prepayment with an invoice prior to any prepayment. Route, county, and job number must be included in the request. The district utilities staff will submit a request to Financial Services with a copy saved in MoProjects for future reference by the district staff responsible for inspection of the utility adjustment.&lt;br /&gt;
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====643.2.14.4.2 Progress Payments====&lt;br /&gt;
If a utility owner has not been prepaid the entire estimated amount in the utility agreement, then the utility owner may request progress payments after completing a portion of the proposed work, including PE.&lt;br /&gt;
&lt;br /&gt;
Progress payments for PE by consultants should not exceed the &amp;quot;maximum not to exceed amount&amp;quot; shown in the cost estimate unless additional costs are approved first by district utilities staff.&lt;br /&gt;
&lt;br /&gt;
For progress payments, the utility owner is required to submit only a summary of work and materials for which payment is claimed, not a detailed billing. District utilities staff should check only to be sure that sufficient work has been done to justify making the requested payment. Payment should be made for allowable costs incurred up to the date of the progress payment request.&lt;br /&gt;
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Progress payment invoices do not relieve the utility owner of the responsibility of submitting one complete and final invoice upon completion of the adjustment. The utility owner’s address must be shown on the invoice. The district utilities staff should submit progress payment invoices and applicable C-9s to Financial Services within one (1) week of receipt of invoice.&lt;br /&gt;
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One copy of the progress payment and one copy of the district utilities staff letter of recommendation must be sent to Financial Services for payment and be stored in MoProjects. The cover memo should include the project number, route, county, actual cost or lump sum utility agreement, Commission obligation percentage, total cost estimate of Commission obligation, and indicate the progress payment number, i.e., progress payment number 1, 2, 3, etc. If more than one progress payment is requested by the utility company, the district should submit progress payment bills to Financial Services in the following format:&lt;br /&gt;
{| class=&amp;quot;wikitable&amp;quot; style=&amp;quot;margin-left: 25px; text-align:center&amp;quot;&lt;br /&gt;
! Payment !! Amount&lt;br /&gt;
|-&lt;br /&gt;
| Progress Payment #1 || $50,000&lt;br /&gt;
|-&lt;br /&gt;
| Progress Payment #2 || 10,000&lt;br /&gt;
|-	&lt;br /&gt;
| Total Payment to Date || $60,000&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
This format will help clarify payment history with the utility owner. Progress payments for actual cost utility agreements may not exceed the Commission&#039;s total estimated cost shown in the agreement. However, if the request for a progress payment exceeds the original estimate, a change order with explanation should accompany the request. (See EPG 641.2.16.5 Change Orders.)&lt;br /&gt;
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====643.2.14.4.3 Final Payment====&lt;br /&gt;
Utility owners are required to submit a detailed final invoice to MoDOT for all actual cost reimbursable utility work and for any lump sum reimbursable utility work that was not prepaid. For prepaid lump agreements, the utility owner must submit a zero-dollar ($0) invoice to demonstrate the work has been completed. After the utility work has been fully completed, the district utilities staff responsible for inspection should send the utility owner a “60 Day” Final Acceptance Letter requesting a complete final invoice within 60 days, as detailed in the utility agreement. If the final invoice is not received from the utility owner within 30 days, then a follow up letter should be sent (i.e., “30 Day” Reminder Final Invoice Letter) reminding the utility owner of its obligation to submit a final invoice within 60 days of the completed work. If a final invoice from the utility owner is not received within this timeframe, then the district utilities staff should contact the Design Liaison Engineer for guidance on how to close out the work.&lt;br /&gt;
&lt;br /&gt;
The district utilities staff is expected to check the final bill within two (2) weeks after receipt in as much detail as possible against the C-9. It is their responsibility to verify from field records the quantities of labor, equipment, material used, material retired, and to justify all changes made. If the utility owner’s contractor made the adjustment at unit cost prices, then it is the district utility staff’s responsibility to verify the number of units completed and not the hours of labor and equipment. It is also important for the utility owner to show the words “final bill” or “final invoice” on the last bill, in order for MoDOT to understand that no additional charges will be made on the adjustment. The final bill must show a general description of the utility adjustment, the highway project number, the date on which work was completed or last item of billed expense was incurred, and the location where records can be audited. The order of items in the final statement should follow as closely as possible the order of items in the original estimate. A summary, on the utility owner’s letterhead, of the total cost of preliminary engineering, construction engineering, right of way, labor, overhead, construction travel expense, transportation, equipment, materials, supply, handling, and salvage credits should be shown in a way that will permit direct comparison with the approved estimate from the original or supplemental agreements (see EPG 643.2.12.6).&lt;br /&gt;
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If the Actual Cost final invoice shows a much higher cost than the original estimate without scope change, the utility owner is required to give reasons in a letter to the district utilities staff explaining why the invoice cost increased. When the Actual Cost final invoice exceeds the amount shown in the table in EPG 643.2.12.6, a supplemental agreement is required.&lt;br /&gt;
&lt;br /&gt;
When the district utilities staff has determined that the final invoice is accurate, the C-13 should be completed. Once the C-13 is completed, the C-13 and the final invoice from the utility owner are forward to Financial Services. For Actual Cost agreements, the C-9s should also be included in this transmittal. If no additional payments are required, the district utilities staff should note this in the transmittal as well. If the final invoice indicates previous payments to a utility owner exceeded the final invoice, the utility owner will need to send MoDOT a check for the overpayment amount. The check should be made payable to Director of Revenue – Credit State Road Fund. If the utility owner did not send MoDOT an overpayment check with the final invoice, district utilities staff should send a letter to the utility owner requesting the refund amount. Submittal of the final invoice to Financial Services should not occur until repayment has been received. The submittal to Financial Services should note the receipt of the repayment check.&lt;br /&gt;
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==643.2.15 Notice to Proceed==&lt;br /&gt;
For PE only, once an agreement has been executed, and Financial Services has advised that authorization from FHWA has been received, district utilities staff will issue a notice to proceed (NTP) letter to the utility owner for the PE. For agreements that include PE and construction or once a final agreement for construction has been executed, right of way clearance has been issued, and Financial Services has advised that authorization from FHWA has been received, the district utilities staff will issue NTP to the utility owner for construction. See Example of Notice to Proceed Letter. If salvage credit is part of the agreement with the utility owner, the NTP letter should include a statement that the utility owner will need to inform district utilities staff of the time and place that inspection may be made of the removed material. The utility owner may be held accountable for full value of materials disposed without proper notice. Utility owners may purchase materials prior to NTP for construction; however, no other work on the adjustment necessary to allow highway construction may begin prior to NTP for construction. The utility owner, for reasons of planning their workload or due to seasonal situations, may request early authorization to perform the work. This request, with the district utilities staff recommendations, is sent to the Design Liaison Engineer for further handling, approval, and advancement of the necessary funds. A copy of the NTP should be saved in MoProjects. If a utility owner begins adjustments prior to NTP for construction, district utilities staff should notify the utility owner immediately in writing that reimbursement will not be made for work done prior to NTP for construction.&lt;br /&gt;
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==643.2.16 Construction of Utility Adjustments==&lt;br /&gt;
===643.2.16.1 Utility Owner Self-Perform===&lt;br /&gt;
As per 23 CFR 645.115 Construction, it may be cost-effective for certain utility adjustments to be performed by a utility owner with its own internal forces and equipment, provided the utility owner is qualified to perform the work in a satisfactory manner. This cost-effectiveness finding covers minor work on the utility owner’s existing utility facilities routinely performed by the utility owner with its own forces.&lt;br /&gt;
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===643.2.16.2 Construction Contract Requirements===&lt;br /&gt;
When the utility owner is not adequately staffed and equipped to perform such work with its own forces and equipment at a time convenient to coordination with the associated highway construction, such work may be done one of four ways for utility adjustments:&lt;br /&gt;
# MoDOT can provide the construction services, via awarded contract to the lowest qualified bidder based on appropriate solicitation. This can be done by including the adjustment work in the roadway improvement project (EPG 643.2.12.4 Utility Agreement for Utility Work Included in Roadway Improvement Project) or by having a utility only project (EPG 643.2.12.5 Utility Only Project).&lt;br /&gt;
# The utility owner can award a construction contract to the lowest qualified bidder based on appropriate solicitation.&lt;br /&gt;
# The utility owner can utilize an existing continuing contract, provided the costs are reasonable (see EPG 643.2.9.1 Independent Cost Estimate).&lt;br /&gt;
# The utility owner can contract for low-cost incidental work, such as tree trimming and the like, without competitive bidding, provided the costs are reasonable (see EPG 643.2.9.1 Independent Cost Estimate).&lt;br /&gt;
&lt;br /&gt;
When a utility owner chooses option 2 to award its own new construction contract, the utility owner must provide the following documents and information to the district utilities staff. These documents need to be provided as soon as the utility owner has chosen to pursue a construction contract. Document 1 must be supplied by all utility owners. Documents 2 and 3 are only required when the utility owner is a local government agency who is also a political subdivision of the state of Missouri (e.g., city-owned utilities, county-owned utilities). All other utility owners are encouraged, but not required, to provide Documents 2 and 3.&lt;br /&gt;
# A statement that the utility owner is not staffed or able to perform the required construction activities with its own forces.&lt;br /&gt;
# A copy of the request for proposal used to secure bids.&lt;br /&gt;
# A list of a minimum of 3 bidders whom they believe can do the work. &#039;&#039;&#039;Political subdivisions are required to advertise for the work&#039;&#039;&#039;.&lt;br /&gt;
# Upon review of these documents, the district utilities staff will advise the utility owner to proceed with the solicitation of bids, but the utility owner will not be permitted to award the contract without the concurrence of district utilities staff. For lump sum agreements, approval of contract work and subcontract work is not required.&lt;br /&gt;
&lt;br /&gt;
The following documents need to be provided as soon as the utility owner has determined the lowest qualified contractor and would like to award the project. Document 1 must be supplied by all utility owners. Document 2 is only required when the utility owner is a local government agency who is also a political subdivision of the state of Missouri (e.g., city-owned utilities, county-owned utilities). All other utility owners are encouraged, but not required, to provide Document 2.&lt;br /&gt;
# The name address of the lowest qualified contractor.&lt;br /&gt;
# The tabulation of bids received and other information to support their recommendation for award to the lowest qualified bidder.&lt;br /&gt;
&lt;br /&gt;
The district utilities staff will review and approve the utility owner&#039;s bid information prior to the award of the contract. The Design Liaison Engineer is available to assist the district with review of bid information if necessary. Once the district utilities staff provides concurrence, the utility owner may proceed with awarding the contract. When the utility owner is a local government agency who is also a political subdivision of the state of Missouri (e.g., city-owned utilities, county-owned utilities), a copy of the executed contract must be shared with the district utilities staff. All other utility owners are encouraged, but not required, to provide a copy of the executed contract.&lt;br /&gt;
&lt;br /&gt;
A checklist is available for reviewing contracts to ensure the contract conforms to MoDOT policy and complies with applicable federal regulations.&lt;br /&gt;
&lt;br /&gt;
When a utility owner chooses to utilize a an existing continuing contract, the utility owner will submit a copy of the contract to the district utilities staff. The district utilities staff will review the contract for reasonableness of cost. If district utilities staff and the utility owner’s representative cannot agree on the reasonableness of cost, then the utility owner will be required to award a new construction contract.&lt;br /&gt;
&lt;br /&gt;
===643.2.16.3 Inspection===&lt;br /&gt;
The degree of inspection needed for utility adjustments will vary considerably with the nature and location of the work and whether the Commission is responsible for any portion of the cost of reimbursement. Judgment must be used regarding the manner and regularity of inspection duties. Some phases of the work require a very close check to ensure that the highway will not be adversely affected and to ensure satisfactory performance of work in accordance with the agreement and plans. The degree of inspection may vary from spot checking of overhead installations to continuous close observation of backfilling trenches beneath proposed pavement, embankment area, or adjacent to bridge abutments. Proper inspection can ensure that the utility adjustment is completed as efficiently as possible to minimize future impacts to the utility facility and the highway construction project. A [https://epg.modot.org/forms/general_files/DE/UtilityFieldInspectionChecklist.docx Field Inspection Checklist] to assist district utilities staff responsible for inspection is available.&lt;br /&gt;
&lt;br /&gt;
If it is found that any actual cost reimbursable utility adjustment is being performed by unapproved contractors, district utilities staff should direct the work to stop. The utility owner’s representative should be informed immediately and should be advised in writing that the costs incurred by an unapproved contractor are not eligible for reimbursement under provisions of the agreement. The district utilities staff can take appropriate steps to approve a subcontract and advise when the utility owner can recommence work.&lt;br /&gt;
&lt;br /&gt;
===643.2.16.4 Documentation===&lt;br /&gt;
All documents related to the construction of the utility adjustment necessary to allow highway construction should be stored in MoProjects.&lt;br /&gt;
&lt;br /&gt;
Construction records must be kept to confirm that work is done in accordance with the terms of the agreement and in the manner proposed in the plans. The importance of a complete and accurate record cannot be overemphasized. Detailed records are necessary to support the recommendation for payment of the final invoice. A complete, separate daily record must be kept on each actual cost adjustment and submitted for review when the final invoice is recommended for payment. This district utilities staff responsible for inspection should complete the Daily Utility Report (C-9).&lt;br /&gt;
&lt;br /&gt;
====643.2.16.4.1 Utility Reports====&lt;br /&gt;
The Daily Utility Report ([https://epg.modot.org/forms/general_files/DE/C-9.docx Form C-9]) and the Final Utility Report ([https://epg.modot.org/forms/general_files/DE/C-13.docx Form C-13]) are used for documenting utility adjustments necessary to allow highway construction. The use of C-9s and C-13s will vary with method of reimbursement. For utility adjustments necessary to allow highway construction that overlap with the highway contractor’s work, progress records should be kept as necessary to coordinate the highway and utility construction activities. Sufficient records must be maintained to check and verify the items of labor, equipment, materials, and salvaged items as submitted on the final invoice.&lt;br /&gt;
&lt;br /&gt;
=====643.2.16.4.1.1 Daily Utility Report (C-9)=====&lt;br /&gt;
C-9s are only required for actual cost agreements. The district utilities staff responsible for inspection must in all cases keep records to document inclement weather, down time, and verbal authorization for minor changes. The district utilities staff responsible for inspection must complete a C-9 documenting the number and classification of employees and number of hours worked. Records of material used and of retired materials returned to stock or scrapped must be kept. The utility owner’s major items of equipment must also be recorded. When work is done by the contract method based on unit prices, the district utilities staff responsible for inspection should ascertain that units of work as provided in the bid proposal are measured and recorded to form a basis for checking the final invoice. C-9s should list the location and the number of units of work accomplished for that period. If contract labor or equipment is used by a utility owner on the basis of a bid per hour, per day, etc., it will be necessary to keep records on this labor or equipment time in the same manner as if the utility owner were performing the work with its own internal forces. District utilities staff responsible for inspection should also note all contractors working for the utility owner and the contractor approval authorization dates given in the agreement.&lt;br /&gt;
&lt;br /&gt;
=====643.2.16.4.1.2 Final Utility Report (C-13)=====&lt;br /&gt;
C-13s summarize that the utility adjustment work that was done in accordance with the agreement and plans, the percentage of total cost that is the responsibility of the Commission, and any progress payments that have been made. A C-13 is required for both actual cost and lump sum agreements. The requested numbers shown on line 9 (Commission Estimated Cost) and line 10 (Amount of Final Bill) in the report are the Commission’s total responsibility.&lt;br /&gt;
&lt;br /&gt;
====643.2.16.4.2 Breakdown and Emergency====&lt;br /&gt;
When breakdown and emergency situations occur, prior approval by MoDOT is not required for contract or equipment rental work unless the cost or period of time will be extensive. The utility owner should furnish a letter as soon as possible to explain the situation and set out the estimated costs involved. The district utilities staff’s records should substantiate the need and the changes for personnel and equipment.&lt;br /&gt;
&lt;br /&gt;
====643.2.16.4.3 Stop Work====&lt;br /&gt;
If at any point, a stop work order is given by MoDOT to a utility owner, written documentation of the stop work order should be saved in MoProjects.&lt;br /&gt;
&lt;br /&gt;
===643.2.16.5 Change Orders===&lt;br /&gt;
Any change in the plan of adjustment should be documented in writing to the utility owner as a change order. If the change order is anticipated to exceed $100,000 or 15% of the original agreement amount, district utilities staff should negotiate a supplemental agreement with the utility owner’s representative. Once a supplemental agreement is in place, district utilities staff should contact Financial Services to obtain an adjustment of the obligation mid-project. Change orders without supplemental agreements will be settled once the project is complete.&lt;br /&gt;
&lt;br /&gt;
====643.2.16.5.1 Actual Cost Agreement====&lt;br /&gt;
Slight modifications in quantities or the addition of minor items not included with the original agreement do not require a supplemental agreement. However, such changes should be documented in writing with the utility owner. A supplemental agreement is needed if costs exceed the above threshold or if there is a change in the percentage of cost that is the Commission’s responsibility on an agreement with shared responsibility for costs. Intermediate partial payments cannot be made on items in a supplemental agreement until the supplemental agreement is approved.&lt;br /&gt;
&lt;br /&gt;
====643.2.16.5.2 Lump Sum Agreement====&lt;br /&gt;
A supplemental agreement to a Lump Sum Agreement is only required for significant changes in the scope of work of the utility adjustment necessary to allow highway construction. Normal overruns are not considered as changes in approved work and will not be reimbursed. Significant changes in the scope of work on utility adjustments necessary to allow highway construction cannot be done until the supplemental agreement is approved, and the adjustment in obligation of funds is complete.&lt;br /&gt;
&lt;br /&gt;
==643.2.17 Utilities during Highway Construction==&lt;br /&gt;
The contractor is responsible for having utilities located by contacting Missouri One-Call (811) prior to any excavation on the project. A reminder of this responsibility should be made at the preconstruction meeting.&lt;br /&gt;
&lt;br /&gt;
===643.2.17.1 Preconstruction Meeting (Pre-Con)===&lt;br /&gt;
District utilities staff should be invited to all pre-cons.&lt;br /&gt;
&lt;br /&gt;
Pre-cons fall into three categories relating to utilities:&lt;br /&gt;
# No utility adjustments are anticipated within the project limits,&lt;br /&gt;
# All utility adjustments completed prior to the pre-con, and&lt;br /&gt;
# All utility adjustments not completed prior to the pre-con.&lt;br /&gt;
&lt;br /&gt;
====643.2.17.1.1 No Utility Adjustments Anticipated within the Project Limits====&lt;br /&gt;
For projects without a Utility Job Special Provision (JSP), no involvement of the utility owners is required at the pre-con. For projects with a Utility JSP, the Resident Engineer (RE) should invite all utility owner representatives listed in the JSP with known required adjustment to the pre-con. The RE should review potential impacts of the highway construction project with the contractor and the utility owner.&lt;br /&gt;
&lt;br /&gt;
====643.2.17.1.2 All Utility Adjustments Completed Prior to the Pre-Con====&lt;br /&gt;
The RE should invite all utility owner representatives listed in the JSP with known required adjustment to the pre-con. The RE should review potential impacts of the highway construction project with the contractor and the utility owner. A general discussion should highlight the previous adjustments made by the utility owner and what abandoned utility facilities the contractor may encounter.&lt;br /&gt;
&lt;br /&gt;
====643.2.17.1.3 All Utility Adjustments Not Completed Prior to the Pre-Con====&lt;br /&gt;
It is important for the RE and inspector to understand the utility owner’s work schedule and how it relates to the contractor’s work schedule. During the pre-con, the schedule of the utility owner and highway construction contractor should be discussed, and conflicts should be addressed to allow utility adjustments and highway construction to progress as near to the proposed schedule as possible. On large-scale projects that have many utility issues to address that could impact the work of the highway construction contractor, it may be necessary to have a separate pre-con with utility owner representatives.&lt;br /&gt;
&lt;br /&gt;
===643.2.17.2 Coordination Meetings===&lt;br /&gt;
When the utility work will not be completed soon after the preconstruction meeting, the RE should meet with district utilities staff, the highway construction contractor, and the utility owner representatives on a regular basis to discuss utility coordination issues, so expectations from all parties are known and conveyed clearly. The utility owner may need some work performed by MoDOT or the highway construction contractor prior to completing their adjustments. (Examples include: survey staking of right of way or proposed facilities, trees cleared, grading performed, or new structures built).&lt;br /&gt;
&lt;br /&gt;
==643.2.18 Service Drops==&lt;br /&gt;
Power and communication services provided by utility owners are necessary for the operation of the highway system. These services may include power to traffic signals, lighting, or ITS devices; power for cathodic protection; or telecommunication services to signal controllers or ITS devices. The project design teams should work with district utilities staff to identify proper locations for the applicable utility owners to provide these services. Various utility owners have different requirements for this process. The district utilities staff is encouraged to develop a workable relationship with the utility owners who provide these services to MoDOT. The costs of installing the services charged by the utility owner are considered a non-contractual item and should be accounted for in the project’s budget in the STIP. The proposed location and method for the service drops should be shown on the roadway plans. District utilities staff should meet with the utility owner’s representative to ensure the proposed location can be accommodated by the utility owner. For electrical service connections, the power supply assembly is ideally located a maximum of ten feet (10’) from the source location. Plans submitted for PS&amp;amp;E should reflect the agreed upon location for all service connections. During construction, district utilities staff and district construction staff should work together to ensure the placement of the services is consistent with the project plans. Payment for the service drops should be invoiced by the utility owner to the district. District utilities staff is responsible for submission of the invoice directly to Financial Services for payment noting the non-contractual charges for the project.&lt;br /&gt;
&lt;br /&gt;
==643.2.19 Buy America Build America for Utilities==&lt;br /&gt;
FHWA’s Buy America Build America (BABA) policies require a domestic manufacturing process for all steel or iron products, other construction materials, and manufactured products that are permanently incorporated into Federal-Aid Highway construction projects, including products and materials used for adjustments to utility facilities to allow highway construction. These guidelines are for all federally reimbursable transportation projects where FHWA is the lead federal agency; it does not take precedence over projects where Federal Transit Administration or the Federal Railroad Administration is deemed the be the lead federal agency.&lt;br /&gt;
&lt;br /&gt;
===643.2.19.1 Program Requirements for Utilities===&lt;br /&gt;
All MoDOT projects are federal-aid projects, and therefore, all reimbursable utility adjustments are required to follow the provisions of BABA. More information on MoDOT’s BABA policy and procedures can be found in [[106.9_Buy_America_Requirement|EPG 106.9 Buy America Requirement]]. Specifically, utility owners should be aware of the following procedures for determining applicability of the EPG 106.9 requirements to reimbursable utility adjustments necessary to allow highway construction:&lt;br /&gt;
* BABA does not apply when materials are relocated from one location to another within the project limits.&lt;br /&gt;
* BABA does not apply for materials necessary for temporary utility adjustments assuming materials are removed from the right of way upon completion of the utility adjustment to allow highway construction.&lt;br /&gt;
* Non-reimbursable work must be kept separate from reimbursable work (agreements, permits, etc.) in order to not be subject to BABA.&lt;br /&gt;
&lt;br /&gt;
===643.2.19.2 Certification Requirements for Utilities===&lt;br /&gt;
Utility owners have the option of choosing either to self-certify BABA compliance or provide vendor/manufacturer certification to MoDOT. The method of certification is chosen by the utility owner and is documented in either the MRUA or the project specific agreement. Regardless of agreement type or certification method, the utility owner must be compliant with BABA requirements.&lt;br /&gt;
&lt;br /&gt;
====643.2.19.2.1 BABA Utility Owner Self-Certification====&lt;br /&gt;
If a utility owner chooses to self-certify BABA compliance, the utility owner is not required to provide MoDOT copies of the supplier certification as part of the project documentation or with the final invoice for any reimbursable utility adjustment necessary to allow highway construction. Retention of all documents should be as described in the agreement.&lt;br /&gt;
&lt;br /&gt;
====643.2.19.2.2 BABA Vendor/Manufacturer Certification====&lt;br /&gt;
If a utility owner chooses to use vendor/manufacturer certification, the utility owner will supply MoDOT BABA compliance from all vendors and/or manufacturers. Certification from vendors will be signed by an authorized representative of the vendor on company letterhead or other acceptable documentation and will declare that all supplied materials subject to BABA requirements are fully compliant. Certification from iron or steel manufacturers must be in the form of a mill test report (MTF) issued and signed by the initial fabricator stating the materials subject to BABA were melted and manufactured in the United States. Other written statements on company letter or other acceptable documentation signed by an authorized representative of the manufacturer for any additional treatment to the fabricated material (such as blasting, galvanizing, painting, or coating) will state that all treatment processes occurred in the United States according to FWA guidelines. Retention of all documents should be as described in the agreement. Manufacturer certification for manufactured products or construction materials will state that all materials were sourced from the United States and were fabricated in the United States. Retention of all documents should be as described in the agreement.&lt;br /&gt;
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&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643.3 Reserved for Future Use &#039;&#039;PAGE TITLE&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;&lt;br /&gt;
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&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643.4 Railroads (NO CHANGE) &#039;&#039;PAGE TITLE&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;&lt;br /&gt;
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==236.5.12 Excess Land Conveyances &amp;amp; Relinquishments - Utilities==&lt;br /&gt;
All conveyances and relinquishments of Commission-owned property shall be evaluated for the existence of any utility facilities located within the areas to be conveyed or relinquished. A conveyance or relinquishment of Commission-owned property may have implications to the utility facilities, and the utility owners, when the Commission no longer controls the property. It is important to maintain the continuity of utility facilities for the general public; therefore, to identify and minimize potential impacts, MoDOT shall involve utility owners in the conveyance and relinquishment processes.&lt;br /&gt;
&lt;br /&gt;
===236.5.12.1 Excess Land Conveyances Utilities===&lt;br /&gt;
MoDOT shall only recommend that a property be declared excess upon satisfactorily addressing the utility impacts. Whether MoDOT or an external party initiates the conveyance of excess property, utility impacts shall be adequately addressed by using one of the following methods: &lt;br /&gt;
:1. Each utility facility will be relocated by permit into a new utility corridor retained by the Commission.&lt;br /&gt;
:2. Each utility facility will remain in place with the benefit of a non-exclusive permanent utility easement.&lt;br /&gt;
::&#039;&#039;If the Commission holds fee simple title to the property, the Commission shall convey a non-exclusive permanent utility easement to each utility owner&#039;&#039;.&lt;br /&gt;
::&#039;&#039;If the Commission holds a less than fee simple title interest in the property, MoDOT shall facilitate the conveyance of a non-exclusive permanent utility easement from the party acquiring the property to each utility owner&#039;&#039;.&lt;br /&gt;
:3. Each utility facility will be relocated to another portion of the property being conveyed.&lt;br /&gt;
::&#039;&#039;If the Commission holds fee simple title to the property, the Commission shall convey a non-exclusive permanent utility easement to each utility owner&#039;&#039;. &lt;br /&gt;
::&#039;&#039;If the Commission holds a less than fee simple title interest in the property, MoDOT shall facilitate the conveyance of a non-exclusive permanent utility easement from the party acquiring the property to each utility owner&#039;&#039;.&lt;br /&gt;
:4. Each utility facility will be relocated onto a portion of the property already owned by the party acquiring the Commission-owned property, with the benefit of a non-exclusive permanent easement. (MoDOT shall facilitate the conveyance of a non-exclusive permanent utility easement from the party acquiring the property to each utility owner.)&lt;br /&gt;
:5. A three-party negotiated settlement taking into consideration the overall value of the proposed transaction.&lt;br /&gt;
:6. Additional options to address utility impacts may be utilized with approval from the Asst. to the State Design Engineer - Right of Way.&lt;br /&gt;
&lt;br /&gt;
===236.5.12.2 Road Relinquishment Utilities===&lt;br /&gt;
MoDOT shall only recommend the relinquishment of roadways through the [[236.14 Change in Route Status Report|Change in Route Status Report]] upon satisfactorily addressing the impacts to utility facilities. If the roadway will be relinquished to a local public transportation authority, with the intent that it continues to be used as a public roadway, a clause similar to the following shall be included in the deed from the Commission to the local public transportation authority:&lt;br /&gt;
:&#039;&#039;&amp;quot;Grantee, by acceptance of this conveyance, covenants and agrees for itself, its successors and assigns, to allow known or unknown utility facilities currently located on the property, whether of record or not, to remain on the property, and to grant the current and subsequent owners of those facilities the right to maintain, construct and reconstruct the facilities and their appurtenances over, under, and across the land herein conveyed, along with the right of ingress and egress across the land herein conveyed to and from those utilities.&amp;quot;&#039;&#039; &lt;br /&gt;
&lt;br /&gt;
Proposed roadway relinquishments to private entities shall be reviewed in a manner consistent with the conveyance of excess property described in [[236.5 Property Management#236.5.3 Asset Management Committee|EPG 236.5.3 Asset Management Committee]].&lt;/div&gt;</summary>
		<author><name>Hoskir</name></author>
	</entry>
	<entry>
		<id>https://epg.modot.org/index.php?title=User:Hoskir/Revision_Request_4225&amp;diff=58872</id>
		<title>User:Hoskir/Revision Request 4225</title>
		<link rel="alternate" type="text/html" href="https://epg.modot.org/index.php?title=User:Hoskir/Revision_Request_4225&amp;diff=58872"/>
		<updated>2026-06-22T16:07:08Z</updated>

		<summary type="html">&lt;p&gt;Hoskir: /* 643.2.12 Utility Agreements */&lt;/p&gt;
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&lt;div&gt;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643 Utility Procedures  &#039;&#039;CATEGORY&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt; &lt;br /&gt;
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| ● [https://www.ecfr.gov/current/title-23/chapter-I/subchapter-G/part-64523 CFR 645]&lt;br /&gt;
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| ● [https://www.sos.mo.gov/cmsimages/adrules/csr/current/7csr/7c10-3.pdf7 CSR 10-30]&lt;br /&gt;
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&#039;&#039;&#039;Utility Accommodation Policy:&#039;&#039;&#039; State DOTs are required to develop policies and procedures pertaining to the use, accommodation, and/or relocation of public and private utility facilities on highway rights-of way using Federal-aid highway funds. State DOTs are required to develop, maintain, and obtain FHWA approval of their Utility Accommodation Policy (UAP) (23 CFR section 645.215). This EPG article 643 and subarticles 643.1 through 643.3 are Missouri Department of Transportation (MoDOT)’s Utility Accommodation Policy. Text in EPG 643 consolidates various federal and state statutes and rules into a single, cohesive, workable policy to outline processes for MoDOT staff and utility owners.&lt;br /&gt;
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&#039;&#039;&#039;Delegation of Work:&#039;&#039;&#039; Each MoDOT district is responsible for ensuring implementation of the UAP outlined in the subsequent EPG articles. Each district can create its own organization for whom is responsible for the work including between divisions and job titles. Work responsibilities within this article and subarticles are generic where possible. If a specific title is included, that title has sole responsibility for that item of work.&lt;br /&gt;
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[[media:144 Major Highway System 2022.pdf|major routes]]&lt;br /&gt;
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&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643.1 Utility Location  &#039;&#039;PAGE TITLE&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt; &lt;br /&gt;
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The information in this article provides a uniform system for regulating the location, construction, maintenance, removal, and relocation of utility facilities on the right of way of roadways located on the state highway system. It also provides for the facilitation of construction and maintenance of these roadways. Any location or relocation of utility facilities contrary to this information is an interference with the construction, maintenance, or operation of a state highway and its right of way and is prohibited.&lt;br /&gt;
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==643.1.1 Permits==&lt;br /&gt;
All utility owners are required to obtain a permit to work on Missouri Highway and Transportation Commission (Commission) right of way. A permit is required for original installation of the utility facility, on-going maintenance of the utility facility, or adjustments to a utility facility necessary to allow highway construction. Per [[127.29_Stormwater#127.29.4.3_MCM_3:_Illicit_Discharge_Detection_and_Elimination_(IDDE)_Program|EPG 127.29.4.3]], discharges of anything other than stormwater are not permitted. A deposit or bond is required to ensure completion of the work in accordance with the permit issued. An [https://www.modot.org/permits application for a permit] may be made on established forms specifically stating the nature of the work to be performed. Applications for permits may be obtained at any of the [https://www.modot.mo.gov/ seven (7) district highway offices] of the Commission, [https://www.modot.mo.gov/ MoDOT&#039;s website], or by requesting it from the office of the Missouri Highways and Transportation Commission in Jefferson City, Missouri. The application for a permit will specifically state the nature of the work to be performed, what specific type of utility facility is to be installed, and, if necessary, the timeframe of any temporary use. Piping of any type of sewage or waste will only be allowed providing any permitting by a regulatory agency, such as Missouri Department of Natural Resources, can be provided. Prior to obtaining a permit through MoDOT’s permit system, a utility owner will be required to provide a bond to ensure satisfactory work and complete a TR50 Electronic Signature Agreement with the Commission. The name of the utility owner must match on the bond, TR50, and in the permit system. More information on permitting can be found in [[:Category:941_Permits_and_Access_Requests|EPG 941]].&lt;br /&gt;
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===643.1.1.1 Emergency Work===&lt;br /&gt;
When emergency operations work is necessary, the damaged utility facility may be accessed immediately and without a permit by leaving the pavement at such points as may be necessary to effect emergency repairs, provided immediate notice is given to the Missouri State Highway Patrol and the district utilities staff for the district wherein the work will be performed, and a permit for emergency operations is requested immediately upon discovery of the need for emergency operations. A permit for emergency operations work is to be obtained as soon as practical, but in no event later than two (2) working days after the emergency operations work has commenced. Emergency operations include, but are not limited to, unplanned work in response to utility facilities being so damaged as to constitute an emergency situation directly affecting or endangering traffic on the highway or public health or safety.&lt;br /&gt;
&lt;br /&gt;
===643.1.1.2 Third-Party Inspection===&lt;br /&gt;
When a utility owner has a large number of projects in a given area or projects involving great complexity, MoDOT reserves the right to limit the number of permits open at any given time. With approval of the district utilities staff, a utility owner may hire a third-party inspector, at their cost. The third-party inspector will allow the utility owner to increase the number of permits open at any given time. The responsibility of the third-party inspector will be to ensure the installation of the utility facility proceeds in a manner consistent with the plans approved in the permit, including all work zone requirements and conformity with MoDOT’s Standards and Specifications. The MoDOT approved third-party inspector will be listed in the permit. MoDOT may audit third-party inspections and revoke the right to use third-party inspections should the inspectors fail to perform their duties.&lt;br /&gt;
&lt;br /&gt;
===643.1.1.3 Abandoned Utility Facilities===&lt;br /&gt;
All utility facilities installed in Commission right of way are the property of the utility owner whether the utility facility is active or inactive. MoDOT may allow a utility facility to remain on Commission right of way whether the utility facility was abandoned for a MoDOT project or at the utility owner’s discretion. MoDOT may place requirements (such as removing inactive fiber optic cables, grouting pipes, removing valves) on the utility owner as part of the process of abandoning a utility facility. Liability for damage to Commission right of way due to an abandoned facility remains the responsibility of the utility owner. In the event MoDOT requires the removal of the abandoned utility facility, responsibility for the cost of the removal will be determined per [[643.2_Local_Utility_Adjustments_-_Public_and_Private#643.2.8_Preliminary_Engineering_(PE)_Requirements|EPG 643.2.8]].&lt;br /&gt;
&lt;br /&gt;
==643.1.2 Definitions==&lt;br /&gt;
&#039;&#039;&#039;Bridge Attachment:&#039;&#039;&#039; A bridge attachment is any utility facility, including communication lines and electrical lines, or any other utility facility of a similar nature that is fastened to a bridge for the purpose of spanning an obstacle.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Clear zone:&#039;&#039;&#039; The total roadside border area starting at the edge of the traveled way, available for safe use by errant vehicles. This area may consist of a shoulder, a recoverable slope, a non-recoverable slope, and/or the area at the toe of a non-recoverable slope available for safe use by an errant vehicle. Clear zone dimensions are provided in the current edition of American Association of State Highway Transportation Officials Roadside Design Guide.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Ditch Line:&#039;&#039;&#039; A line where the roadway ditch meets the back slope. It is located at the lowest point of a V-bottom ditch or furthest point from the roadway of a flat bottom ditch where the roadway slopes back to the existing ground line.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Duct:&#039;&#039;&#039; An enclosed tubular casing, or raceway, for protecting wires, lines, or cables that is often flexible or semi-rigid (1-3% diametric deflection). The casing, or raceway, is separate from the cable or conductor that passes through it.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Encasement:&#039;&#039;&#039; The term encasement means the placing of an installation around and outside of an underground facility consisting of a larger conduit that permits the removal and replacement of the facility. An alternate to the conduit type encasement is reinforced concrete poured around the utility facility. Utility owners are allowed to use any types of material as a carrier and encasement for its facilities as expressly provided for in the permit issued for the installation of the utility facility.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Freeway:&#039;&#039;&#039; A divided arterial highway with full control of access.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Highway:&#039;&#039;&#039; Any public way for vehicular travel, including the entire area within the right of way and related facilities constructed or improved and maintained by the Missouri Highways and Transportation Commission (MHTC) acting through the Missouri Department of Transportation (MoDOT).&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Interchange Limits:&#039;&#039;&#039; For the uniform handling of utility installations only, the limits of an interchange are the outside ramp curve points. See [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_1_TypicalInterchangeLimits_AOD.pdf EPG Figure 643.1.1] for an example.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Interstate System or Other Freeways/Expressways:&#039;&#039;&#039; Interstate highways and highways with fully controlled access.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Major Routes (Interstates, Freeways/Expressways and Principal Arterials):&#039;&#039;&#039; The major highway system is all routes functionally classified as principal arterials. The principal arterial system provides for statewide or interstate movement of traffic. The major roads in Missouri total approximately 5,500 centerline miles.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Minor Routes:&#039;&#039;&#039; The minor highway system is all routes functionally classified as minor arterials or collectors. These routes mainly serve local transportation needs. The minor roads in Missouri total approximately 28,400 centerline miles.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Normal Right of Way Line:&#039;&#039;&#039; An imaginary line that connects sudden breaks in the major right of way points for roadways. Sight distance right of way points (triangles) at roadway intersections are not to be considered as sudden breaks for determining normal right of way.&lt;br /&gt;
[[File:fig_643.1.2-06_2026.jpg|none|700px|thumb|Figure 643.1.2 Normal Right of Way Line.]]&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Private Lines:&#039;&#039;&#039; Privately owned utility facilities which convey or transmit the commodities outlined in the definition of utility facility of this section but devoted exclusively to private use.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Scenic Enhancement Areas:&#039;&#039;&#039; Scenic enhancement areas include areas acquired or so designated as scenic strips, overlooks, rest areas, recreation areas, and the right of way of adjacent roadways and the right of way of roadways that pass through public parks and historic sites as described under 23 USC 138.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Utility Corridor:&#039;&#039;&#039; An area established for the placement of utility facilities parallel to the normal right of way line.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Utility Facility:&#039;&#039;&#039; Privately, publicly, or cooperatively owned line, facility, or system for producing, transmitting, or distributing communications, cable television, power, electricity, light, heat, gas, oil, crude products, water, steam, waste, storm water not connected with highway drainage or any other similar commodity, including any fire or police signal system or street lighting system which directly or indirectly serves the public and does not include privately owned facilities devoted exclusively to private use. The term &amp;quot;utility facility&amp;quot; includes those facilities used solely by the utility owner that are a part of its operating plant.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Utility Owner:&#039;&#039;&#039; The utility owner is the utility company, inclusive of any wholly owned or controlled subsidiary, or city or county which owns utility facilities. The term also includes those government agencies that lease a utility facility for its own use or otherwise dedicated solely to governmental use.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Variance:&#039;&#039;&#039; A one- (1-) time deviation from the requirements for location or relocation of utility facilities on the right of way of highways in the state highway system as established in [https://www.sos.mo.gov/cmsimages/adrules/csr/current/7csr/7c10-3.pdf Title 7 Code of State Regulations 10-3], requested by the utility, and approved by a MoDOT District Design Engineer.&lt;br /&gt;
&lt;br /&gt;
==643.1.3 Location of Utility Facilities==&lt;br /&gt;
Utility facilities paralleling the roadway should be installed in the utility corridor except as outlined below. The utility corridor is the space for all utility owners generally within six feet (6’) of the normal right of way line. When considering if the current utility corridor is available to expand from six feet (6’) to as much as twelve feet (12’), MoDOT determines if the expansion is warranted. In making the determination, MoDOT will consider the existing utilization of the original six feet (6’) corridor. Poles must remain within two feet (2’) of the normal right of way line unless approved by a variance. The utility corridor will only be expanded beyond six feet (6’) if the original six feet (6’) corridor is fully utilized and additional space would be required to accommodate additional utility facilities. Acquisition of additional right of way to establish a twelve feet (12’) corridor is not required on highway construction projects. For depths for underground utility facilities, see [[#643.1.4.1_Minimum_Cover_for_Underground_Facilities|EPG 643.1.4.1]].&lt;br /&gt;
&lt;br /&gt;
Utility facilities crossing the roadway should be installed as close to ninety degrees (90°) to the centerline of the roadway as possible and based on the guidelines below depending on the type of roadway. See [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_3_TypicalUtilityCorridor-InterchangeatMajorRoute_AOD.pdf EPG Figure 643.1.3] and [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_4_TypicalUtilityCorridor-InterchangeatMinorRoute_AOD.pdf EPG Figure 643.1.4] for typical utility corridors around interchanges.&lt;br /&gt;
&lt;br /&gt;
===643.1.3.1 Interstate System or Other Major Freeways/Expressways===&lt;br /&gt;
The installation of all utility facilities on highways of the Interstate System or other major freeways/expressways with fully controlled access are to be installed, serviced, and maintained without entering or leaving the roadway and ramps except at points approved by MoDOT for that purpose and without parking any equipment or storing materials upon the medians, roadway and ramps, or shoulders of the roadways. Cutting or damaging the pavement or paved shoulders is not permitted. New service connections to existing parallel utility facilities are to be permitted only where an outer roadway exists and then only where access is permitted by the Commission. Careful consideration will be given to the location of guys, anchors, braces, and other supports. Generally, good design practice will provide that appurtenances be located at right of way jogs, along intersecting road right of way, or at other similar acceptable locations, so that encroachment is held to an absolute minimum.&lt;br /&gt;
&lt;br /&gt;
No utility facilities will be permitted within the interchange limits of an interchange between fully limited access highways where planned or existing. Utility facilities within the interchange limits of an interchange with a non-access controlled highway will be permitted only along the minor road, provided that all construction, service, and maintenance can be performed from the minor road. Manholes and poles must be located beyond the ramp termini.&lt;br /&gt;
&lt;br /&gt;
For structures carrying or over interstates or other major freeways/expressways, see [[#643.1.5_Bridge_Attachment_Policy|EPG 643.1.5]].&lt;br /&gt;
&lt;br /&gt;
====643.1.3.1.1 Utility Facilities Crossing the Interstate or Other Major Freeways/Expressways====&lt;br /&gt;
=====643.1.3.1.1.1 Overhead Crossings of the Interstate or Other Major Freeways/Expressways=====&lt;br /&gt;
Overhead crossings of utility facilities are permitted only for power transmission and distribution lines and for multiple circuit communication lines where an underground installation is not economically feasible. Supports for existing utility facilities crossing overhead may remain on the right of way provided they are near the right of way line regardless of the presence of an outer road. Supports for new overhead utility facilities crossing overhead may be located on the right of way near the right of way line where an outer roadway exists and are to be located off the right of way where no outer roadway exists. Overhead service crossings are only permitted in isolated cases for residential or commercial establishments when the denial of the crossing would require construction of more than 1,200 feet (1,200’) of utility line to provide the service. Main or distribution line crossings are required to serve a general area other than isolated cases.&lt;br /&gt;
&lt;br /&gt;
=====643.1.3.1.1.2 Underground Crossings of the Interstate or Other Major Freeways/Expressways=====&lt;br /&gt;
Underground crossings of utility facilities are to be continuously encased under the pavement, medians, ramps, and shoulders with the casing extending to the toe of the fill slopes or to the ditch line. In curbed sections, encasement should extend outside the outer curb of the roadways a distance equal to the depth of the encasement at the curb line. Where installed by open trench through unpaved areas, detector tape should be placed approximately one foot (1&#039;) above the encasement. Where an interstate or other major freeway has a parallel outer roadway, encasement should be continuous under all roadways within the right of way.&lt;br /&gt;
&lt;br /&gt;
Manholes or vent pipes are to be located at the right of way line or adjacent to the outer roadway.&lt;br /&gt;
&lt;br /&gt;
For fiber optic cable, encasement should extend from within six feet (6&#039;) of one right of way line to within six feet (6&#039;) of the other right of way line.&lt;br /&gt;
&lt;br /&gt;
Exceptions may be made for encasement as listed in [[#643.1.4.2_Exceptions_to_Encasement|EPG 643.1.4.2]].&lt;br /&gt;
&lt;br /&gt;
=====643.1.3.1.1.3 Parallel Installations along the Interstate or Other Major Freeways/Expressways=====&lt;br /&gt;
New parallel installations on the right of way may be permitted only where an outer roadway exists, provided that poles are within two feet (2&#039;) of the normal right of way line and underground utility facilities are within the utility corridor, and provided that the utility facility can be installed and maintained between the outer roadway and the right of way line. Existing overhead or underground utility facilities that parallel an existing roadway which will be incorporated into a completed highway as an outer roadway may remain in place if all maintenance and service can be performed from an outer roadway and the existing location does not interfere with construction, maintenance, or operation of the completed highway. If an existing parallel utility facility needs to be relocated so as to not interfere with the construction, maintenance, or operation of the completed interstate or other major freeway, poles may be located withing five feet (5’) of the right of way line.&lt;br /&gt;
&lt;br /&gt;
Underground utility facilities are expected to be buried within the utility corridor of sight distance triangles (SDTs) at roadway intersections unless granted a variance. Overhead utility facilities may be allowed to span intersecting roadways with SDTs provided the poles, or supports, are located outside the SDT.&lt;br /&gt;
&lt;br /&gt;
=====643.1.3.1.1.4 Sanitary Sewers within the Right of Way of Interstates or Other Major Freeways/Expressways=====&lt;br /&gt;
New installations of sanitary sewers should follow the applicable guidelines for either underground crossings or parallel installations as appropriate. Existing gravity trunk sanitary sewers should be considered individually and removed or left in place contingent upon its age, condition, feasibility of moving, and maintenance access. Encasement of existing trunk sewers left in place may be required for questionable condition, protection during construction, or heavy fills.&lt;br /&gt;
&lt;br /&gt;
Manholes should be relocated to the right of way lines or adjacent to an outer roadway.&lt;br /&gt;
&lt;br /&gt;
===643.1.3.2 Major Routes===&lt;br /&gt;
For structures carrying or over major routes, see [[#643.1.5_Bridge_Attachment_Policy|EPG 643.1.5]].&lt;br /&gt;
&lt;br /&gt;
====643.1.3.2.1 Major Routes with Partially Controlled Access Right of Way====&lt;br /&gt;
The installation of all utility facilities on highways with partially controlled access right of way are to be installed, serviced, and maintained without entering or leaving the roadway and ramps except at points approved by MoDOT for that purpose and without parking any equipment or storing materials upon the medians, roadway and ramps, or shoulders of the roadways. Cutting or damaging the pavement or paved shoulders is not permitted. Equipment or materials stored within the right of way must be protected by longitudinal barrier or be located outside the clear zone. New service connections to existing parallel utility facilities are to be permitted only where granted by the Commission.&lt;br /&gt;
&lt;br /&gt;
No utility facilities will be permitted within the interchange limits of an interchange between fully limited access highways where planned or existing. Utility facilities within the interchange limits of an interchange with a non-access controlled highway will be permitted only along the minor road, provided that all construction, service, and maintenance can be performed from the minor road. Manholes and poles must be located beyond the ramp termini.&lt;br /&gt;
&lt;br /&gt;
====643.1.3.2.2 Major Routes with Normal Access Right of Way====&lt;br /&gt;
All new utility facilities will be installed and maintained without cutting or damaging the pavement or paved shoulders except in the event underlying rock formations or other obstructions are encountered that prevent boring or pushing operations. A variance may be granted for pavement cuts when the need is established. Pavement cuts may only be made by permits issued when it is impractical to otherwise service and maintain the facility. The installation of all utility facilities is to be installed without parking any equipment or storing materials upon the medians, roadway and ramps, or shoulders of the roadways. Equipment or materials stored within the right of way must be protected by longitudinal barrier or be located outside the clear zone.&lt;br /&gt;
&lt;br /&gt;
====643.1.3.2.3 Utility Facilities Crossing Major Routes====&lt;br /&gt;
=====643.1.3.2.3.1 Overhead Crossings of Major Routes=====&lt;br /&gt;
Supports for utility facilities crossing overhead should be located as near the right of way line as possible. For major routes with controlled access right of way, new overhead service crossings may be permitted in isolated cases for residential or commercial establishments where the denial of such crossings would require the construction of more than 1,200 feet (1,200’) of utility line to provide the same service. For major routes with normal access right of way, there is no restriction on the placement of service crossings.&lt;br /&gt;
&lt;br /&gt;
=====643.1.3.2.3.2 Underground Crossings of Major Routes=====&lt;br /&gt;
Underground crossings of utility facilities are to be continuously encased under the pavement, medians, ramps, and shoulders with the casing extending to the toe of the fill slopes or to the ditch line. In curbed sections, encasement should extend outside the outer curb of the roadways a distance equal to the depth of the encasement at the curb line. Where installed by open trench through unpaved areas, detector tape should be placed approximately one foot (1&#039;) above the encasement. Where a major route has a parallel outer roadway, encasement should be continuous under all roadways within the right of way.&lt;br /&gt;
&lt;br /&gt;
Manholes or vent pipes are to be located at the right of way line or adjacent to the outer roadway.&lt;br /&gt;
&lt;br /&gt;
For fiber optic cable, encasement should extend from within six feet (6&#039;) of one right of way line to within six feet (6&#039;) of the other right of way line.&lt;br /&gt;
&lt;br /&gt;
Exceptions may be made for encasement as listed in [[#643.1.4.2_Exceptions_to_Encasement|EPG 643.1.4.2]].&lt;br /&gt;
&lt;br /&gt;
====643.1.3.2.4 Parallel Installations along Major Routes====&lt;br /&gt;
New parallel installations on the right of way may be permitted provided that poles are within two feet (2&#039;) of the normal right of way line and underground utility facilities are within the utility corridor. Existing overhead or underground utility facilities that parallel an existing roadway which will be incorporated into a completed highway may remain in place if all maintenance and service can be performed without entering or leaving the roadway except at approved access points; without parking equipment or storing materials on the median, pavement, ramps, or shoulders; and the existing location does not interfere with construction, maintenance, or operation of the completed highway. If an existing parallel utility facility needs to be relocated so as to not interfere with the construction, maintenance, or operation of the completed highway, poles may be located withing five feet (5’) of the right of way line.&lt;br /&gt;
&lt;br /&gt;
Existing steel pipe transmission and distribution facilities for gaseous petroleum products that parallel an existing roadway that will be incorporated into the completed roadway may be left in place subject to an agreement by the utility owner that maintenance or service and facility expansion will be performed without cutting or damaging the pavement or interfering with the construction, maintenance, and operation of the highway and provided that the facility is cathodically protected against corrosion and meets the applicable material requirements.&lt;br /&gt;
&lt;br /&gt;
Underground utility facilities are expected to be buried within the utility corridor of sight distance triangles (SDTs) at roadway intersections unless granted a variance. Overhead utility facilities may be allowed to span intersecting roadways with SDTs provided the poles, or supports, are located outside the SDT.&lt;br /&gt;
&lt;br /&gt;
====643.1.3.2.5 Sanitary Sewers within the Right of Way of Major Routes====&lt;br /&gt;
New installations of sanitary sewers should follow the applicable guidelines for either underground crossings or parallel installations as appropriate. An existing gravity trunk sanitary sewer should be considered individually and removed or left in place contingent upon its age, condition, feasibility of moving, and maintenance access. If an existing parallel gravity main is left in place within the limits of the paved surface, paved shoulder lines, or curb lines, stub mains as required will be laid between the sewer main and curb or shoulder lines for future service connections in each block. Manholes should be relocated outside the traveled roadway as near the right of way line as practical.&lt;br /&gt;
&lt;br /&gt;
===643.1.3.3 Minor Routes===&lt;br /&gt;
For structures carrying or over minor routes, see [[#643.1.5_Bridge_Attachment_Policy|EPG 643.1.5]].&lt;br /&gt;
&lt;br /&gt;
====643.1.3.3.1 Utility Facilities Crossing Minor Routes====&lt;br /&gt;
=====643.1.3.3.1.1 Overhead Crossings of Minor Routes=====&lt;br /&gt;
Existing overhead crossings that interfere with construction, maintenance, or operation should be relocated with their supports as near the right of way line as is practical. New overhead crossing installations should be located with their supports as near the right of way line as is practical.&lt;br /&gt;
&lt;br /&gt;
=====643.1.3.3.1.2 Underground Crossings of Minor Routes=====&lt;br /&gt;
All new utility facilities should be installed and maintained without cutting or damaging the pavement or paved shoulders. A variance may be granted for pavement cuts when servicing and maintaining the facility by any other methods is impractical. Pavement cuts may only be made by permits issued. Underground crossings of utility facilities are to be continuously encased under the pavement, medians, ramps, and shoulders with the casing extending to the toe of the fill slopes or to the ditch line. In curbed sections, encasement should extend outside the outer curb of the roadways a distance equal to the depth of the encasement at the curb line. Where installed by open trench through unpaved areas, detector tape should be placed approximately one foot (1&#039;) above the encasement.&lt;br /&gt;
&lt;br /&gt;
Manholes or vent pipes are to be located at the right of way line or adjacent to the outer roadway.&lt;br /&gt;
&lt;br /&gt;
For fiber optic cable, encasement should extend from within six feet (6&#039;) of one right of way line to within six feet (6&#039;) of the other right of way line.&lt;br /&gt;
&lt;br /&gt;
Exceptions may be made for encasement as listed in [[#643.1.4.2_Exceptions_to_Encasement|EPG 643.1.4.2]].&lt;br /&gt;
&lt;br /&gt;
====643.1.3.3.2 Parallel Installations along Minor Routes====&lt;br /&gt;
New parallel installations on the right of way may be permitted provided that poles are within two feet (2&#039;) of the normal right of way line and underground utility facilities are within the utility corridor. Existing overhead or underground utility facilities that parallel an existing roadway which will be incorporated into a completed highway may remain in place if all maintenance and service can be performed without entering or leaving the roadway except at approved access points; without parking equipment or storing materials on the median, pavement, ramps, or shoulders; and the existing location does not interfere with construction, maintenance, or operation of the completed highway. If an existing parallel utility facility needs to be relocated so as to not interfere with the construction, maintenance, or operation of the completed highway, poles may be located within five feet (5’) of the right of way line.&lt;br /&gt;
&lt;br /&gt;
Underground utility facilities are expected to be buried within the utility corridor of sight distance triangles (SDTs) at roadway intersections unless granted a variance. Overhead utility facilities may be allowed to span intersecting roadways with SDTs provided the poles, or supports, are located outside the SDT.&lt;br /&gt;
&lt;br /&gt;
====643.1.3.3.3 Sanitary Sewers within the Right of Way of Minor Routes====&lt;br /&gt;
New installations of sanitary sewers should follow the applicable guidelines for either underground crossings or parallel installations as appropriate. An existing gravity trunk sanitary sewer should be considered individually and removed or left in place contingent upon its age, condition, feasibility of moving, and maintenance access. If an existing parallel gravity main is left in place within the limits of the paved surface, paved shoulder lines, or curb lines, stub mains as required will be laid between the sewer main and curb or shoulder lines for future service connections in each block. Manholes should be relocated outside the traveled roadway.&lt;br /&gt;
&lt;br /&gt;
===643.1.3.4 Roundabouts===&lt;br /&gt;
Regardless of roadway type, it is desirable to avoid locating utility facilities and their access points within the circulatory roadway. If possible, utility facilities are located in the legs of the roundabout to allow for future maintenance and access at an isolated leg versus affecting the entire roundabout. See [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_5_TypicalLocationofUtilityFacilitiesnearRoundabouts_AOD.pdf EPG Figure 643.1.5] for an example.&lt;br /&gt;
&lt;br /&gt;
===643.1.3.5 Utility Facilities in Scenic Enhancement Areas===&lt;br /&gt;
All existing utility facilities within the limits of a scenic enhancement area requiring adjustment because of construction or reconstruction will be placed underground or relocated beyond the limits of the scenic enhancement area. No new above ground facilities will be permitted. New underground facilities will be permitted provided they do not extensively alter or impair the appearance of the area.&lt;br /&gt;
&lt;br /&gt;
==643.1.4 Installation of Utility Facilities==&lt;br /&gt;
The following sections provide information on the physical installation of utility facilities within highway right of way.&lt;br /&gt;
&lt;br /&gt;
===643.1.4.1 Minimum Cover for Underground Facilities===&lt;br /&gt;
The minimum cover for new underground utilities is:&lt;br /&gt;
* Forty-two inches (42”) for all water lines (parallel and crossings).&lt;br /&gt;
* Forty-two inches (42”) for fiber optic cable (crossings encased in rigid conduit).&lt;br /&gt;
* Seventy-two inches (72”) for fiber optic cable (crossings encased in polyethylene (PE) pipe).&lt;br /&gt;
* Thirty inches (30”) for direct burial and in trench fiber optic cable (parallel).&lt;br /&gt;
* Twenty-four inches (24”) for all other direct burial copper or coaxial cable, (parallel).&lt;br /&gt;
* Seventy-two inches (72”) for uncased polyethylene (PE) gas pipe crossings under ditches and roadways but thirty inches (30”) elsewhere.&lt;br /&gt;
* Thirty inches (30”) for all other (such as, but not limited to, gravity sewers, forced sewers, and electric) underground utilities (both parallel and crossing).&lt;br /&gt;
&lt;br /&gt;
===643.1.4.2 Exceptions to Encasement===&lt;br /&gt;
Exceptions may be made for encasement as follows:&lt;br /&gt;
* Non-fiber communication or electric cables installed in ducts.&lt;br /&gt;
* Welded steel pipelines carrying gaseous or liquid petroleum products - provided they are cathodically protected against corrosion, triple-coated in accordance with accepted pipeline construction standards, and meet applicable material requirements.&lt;br /&gt;
* Natural gas distribution pipe (nominal six-inch (6”) diameter maximum) of polyethylene (PE) plastic, traceable, installed by a horizontal bore method at a minimum depth of seventy-two inches (72”) under ditches and roadways, constructed in accordance with and meeting applicable material requirements.&lt;br /&gt;
* Gas service connections protected and constructed in accordance with and meeting applicable material requirements.&lt;br /&gt;
* Encasement is not required for new trunk sanitary sewer crossings of vitrified clay, reinforced concrete or cast iron except when installation procedures would produce voids in the roadbed, heavy fills, or installations under pressure.&lt;br /&gt;
&lt;br /&gt;
===643.1.4.3 Above Ground or Ground Level Appurtenances===&lt;br /&gt;
Appurtenances protruding more than four inches (4”) above the ground line should be located outside the clear zone. If no feasible alternative exists and if permitted by a variance, appurtenances may be allowed within the clear zone if they meet breakaway criteria or will be shielded by a traffic barrier. Good design practice will provide that appurtenances be located at right of way jogs, along intersecting road right of way, or at other similar acceptable locations, so that encroachment is held to an absolute minimum. Cables, wires, small diameter pipes, and other such utility appurtenances extending from the surface of the ground should be equipped with covers or guards to improve their visibility. Appurtenances within sidewalks or street level pedestrian access routes are to be in conformance with the Americans with Disabilities Act requirements.&lt;br /&gt;
&lt;br /&gt;
The maximum pull box width perpendicular to the right of way line within the utility corridor is thirty inches (30”).&lt;br /&gt;
&lt;br /&gt;
===643.1.4.4 Overhead Utility Facilities===&lt;br /&gt;
The vertical clearance of new or existing overhead installations will not be less than the current minimum requirements of the National Electric Safety Code, but in no case less than eighteen feet (18’) inclusive of sag above the groundline for electrical facilities. Clearance may be reduced for overhead installations of cable, telephone, or fiber optic facilities.&lt;br /&gt;
A minimum radial clearance of twenty-five feet (25’) is provided from any utility facility to the nearest part of any bridge structure. A minimum radial clearance of ten feet (10’) is provided from the nearest charged electrical line to a MoDOT signal, lighting, ITS, or overhead sign structure.&lt;br /&gt;
&lt;br /&gt;
===643.1.4.5 Approved Materials===&lt;br /&gt;
Utility owners are allowed to use any material for underground utility facilities including carrier and encasement provided they accept responsibility for any future repairs and/or replacement of damaged MoDOT facilities should a failure occur. This will allow the use of current technology and procedures to provide the best value to its subscribers and the taxpayers of Missouri. For materials that MoDOT also uses in its highway system, utility owners must provide materials that meet the current [https://www.modot.org/missouri-standard-specifications-highway-construction Missouri Standard Specifications for Highway Construction]. For materials not listed in the Missouri Standard Specifications for Highway Construction, the utility owner should provide documentation of the standards used to determine suitability of the material.&lt;br /&gt;
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===643.1.4.6 Cutting===&lt;br /&gt;
In the event permission is granted to cut an existing concrete or asphalt pavement or sidewalk, the appropriate provisions below should be followed.&lt;br /&gt;
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====643.1.4.6.1 Pavement====&lt;br /&gt;
All pavement cuts should be made with a saw to the full depth of the pavement. The width of the cut is typically determined by the width of the trench plus a minimum one foot (1’) on each side of the trench. In the event the distance to any adjacent longitudinal or transverse joint or crack is less than four feet (4’), the pavement must be removed to the joint or crack. Cuts for perpendicular service tie-ins should be a minimum of three feet (3’) wide. Longitudinal main installations are typically cut at a minimum of half the lane width, but in no instance should the cut be along the wheel path of the lane.&lt;br /&gt;
[[File:fig_643.1.6-06_2026.jpg|800px|none|thumb|Figure 643.1.6 Pavement Repair Dimension Requirements.]]&lt;br /&gt;
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The utility facilities should be placed in a location with the least impact to the roadway. Typically, this leads to placement in the shoulder when available followed by the two-way left turn lane (TWLTL), and then outside lanes before allowing placement in interior through lanes. Lane switching should be kept to a minimum and should not be used to minimize repair sizes. Cuts for mains or service leads that may not be perpendicular to the roadway should be squared-off.&lt;br /&gt;
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Replacement of cut pavement should be full depth concrete in accordance with the current version at the time of installation of Section 613.10 Full Depth Pavement Repairs of the Missouri Standard Specifications for Highway Construction and the Missouri Standard Plans for Highway Construction. If the area of the pavement repair is not to be fully resurfaced all joints including the overcut from the sawing operation should be filled with an expansive mortar, epoxy, polyester, or joint material as approved by the Engineer in accordance with Section 1057 of the Missouri Standard Specifications for Highway Construction.&lt;br /&gt;
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====643.1.4.6.2 Pedestrian Access Routes====&lt;br /&gt;
All cuts in the pedestrian access routes whether asphalt or concrete should be made by saw and be the full depth of the material. Entire slabs of concrete sidewalk should be removed. Repair of the pedestrian access route must meet Americans with Disability Act requirements, see [[:Category:642_Pedestrian_Facilities|EPG 642]]. Cuts through curb ramps or detectable warning areas are not permitted. Rather the entire curb ramp or detectable warning area must be removed and replaced. MoDOT district ADA contacts can help ensure ADA compliance of impacted pedestrian access routes.&lt;br /&gt;
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===643.1.4.7 Non-disturbance Areas===&lt;br /&gt;
MoDOT has certain areas of right of way where mowing, spraying, digging, or other vegetation disturbance activities are restricted. These areas have been established to mitigate the environmental impacts of a previous project and should be avoided. If the areas cannot be avoided, contact MoDOT’s Environmental Section.&lt;br /&gt;
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==643.1.5 Bridge Attachment Policy==&lt;br /&gt;
No utility facility will be permitted in or on a structure carrying an interstate or other freeway unless it is part of a federal requirement or for MoDOT’s use. When the structure carries any other road type and no other practical means exists for the crossing, wires (communication, electrical, fiber, or metal) will be permitted. Electrical lines must be located to cause minimum exposure to MoDOT maintenance personnel and the public. Pressurized pipelines for gas or other petroleum products and water and all sewer lines are prohibited on all structures due to the risks associated with their failure.&lt;br /&gt;
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===643.1.5.1 Agreement===&lt;br /&gt;
An agreement is required for all utility facilities attached to any structure. A charge will be made for the increased maintenance costs involved. This fee is set by the Bridge Division. When permitted, a 50-year occupational agreement is executed with the utility owner. Agreement BR04 Utility Attachment Agreement is used when an attachment is added to a bridge during its construction. Agreement BR09 Bridge Attachment Agreement is used when an attachment is added to an existing bridge.&lt;br /&gt;
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===643.1.5.2 Requests===&lt;br /&gt;
Requests to attach facilities to structures is a multi-step process. Bridge Division is responsible for approval of the bridge attachment. If at any point in the process, Bridge Division determines the attachment to be unacceptable, a reason is to be provided.&lt;br /&gt;
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To start, the utility owner submits a conceptual request to the district utilities staff. The conceptual request consists of an explanation of the proposal; a general location sketch (i.e., which side of the bridge); and details on the facility, length, and weight per foot when full. The district utilities staff should work with all relevant district personnel including the District Bridge Engineer in reviewing and recommending the attachment. The district utilities staff will submit the recommended details to the Bridge Division to determine the applicable costs including future maintenance costs and for attachments to new bridges, design and construction. Once the Bridge Division has determined the cost, the district utilities staff shares the cost with the utility owner for their concurrence with furthering the process. For new bridges, if the utility owner concurs with the costs, the district utility staff will prepare the BR04 Agreement for execution by the utility owner and the Commission. MoDOT will be responsible for the design and construction of attachments to new bridges. For existing bridges, the district utilities staff will forward the applicable as-built bridge plans to the utility owner for its use in designing the bridge attachment. The utility owner will provide detailed design drawings, signed and sealed by a professional engineer in the State of Missouri, to the district utilities staff for review. The district utilities staff should work with all relevant district personnel, including the District Bridge Engineer, in reviewing and recommending the details of the attachment to the Bridge Division. Once Bridge Division approves, the Bridge Division will prepare the BR09 Agreement for execution by the utility owner and the Commission. The utility owner is responsible for the construction of attachments to existing bridges. A flow chart, [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_7_BridgeAttachementProcess_AOD.pdf EPG Figure 643.1.7], of the process is available.&lt;br /&gt;
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Payment from the utility owner for the attachment will be sent to Financial Services by district utilities staff. For BR04 agreements, district utilities staff should discuss with Financial Services how to get the payment credited to the project constructing the attachment. For BR09 agreements, district utilities staff should copy Bridge Division on correspondence with Financial Serves. Checks should be made payable to Director of Revenue, Credit State Road Fund.&lt;br /&gt;
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For requests from government entities such as cities, counties, and other municipalities, the requested information should be submitted to Bridge Division as described above. However, the district utilities staff will take the lead in preparing the DE10 County Agreement or DE11 Municipal Agreement, as applicable, with input from Bridge Division and Bridge Maintenance. All fees are waived for government entities.&lt;br /&gt;
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===643.1.5.3 Considerations===&lt;br /&gt;
The following considerations are made in determining the acceptability of a bridge attachment. Unique situations will be discussed with the Bridge Division as required.&lt;br /&gt;
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====643.1.5.3.1 Bridge Asset Management Program====&lt;br /&gt;
Requests for bridge attachments should be reviewed for consistency with the district’s upcoming bridge asset management program needs. If a structure is due for rehabilitation or replacement in the near future, information should be provided to the utility owner indicating existing remaining life of the bridge. In some instances, it may be in MoDOT’s best interest to deny the request for attachment outright. In some instances, the utility owner may still choose to pursue the short-term attachment to the existing structure. In almost all cases, the utility owner is responsible for the cost of removing and/or relocating their utility facilities for a necessary repair, widening, improvement or reconstruction of the structure. Review existing agreements for cost responsibility for current attachments.&lt;br /&gt;
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====643.1.5.3.2 Aesthetics====&lt;br /&gt;
In reviewing a request for a bridge attachment, how the structure is viewed by the public will be considered. For example, is the structure over a scenic stream that is extensively used by canoeists, or does the structure span a road that may provide access to a park, campgrounds, or boat launching facilities? Is the structure a grade separation where the motoring public will see the attachment before they pass under it?&lt;br /&gt;
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====643.1.5.3.3 Method of Attachment====&lt;br /&gt;
In order to maintain structural integrity of any structures the following requirements will apply for attachments.&lt;br /&gt;
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=====643.1.5.3.3.1 Welding=====&lt;br /&gt;
Welding of hardware to structural steel members (i.e., flanges, webs, stiffeners, and diaphragms) whether in tension or compression is not permitted.&lt;br /&gt;
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=====643.1.5.3.3.2 Drilling=====&lt;br /&gt;
Drilling holes in any structural steel member is not permitted. Drilling holes for anchors into any prestressed concrete member is not permitted. Although permitted, drilling holes for anchors into the underside of bridge decks must be done with caution. It is recommended all anchors be installed to miss deck reinforcing steel. Generally, drilling into decks will not be allowed where sonotubes were used (voided slab bridges). The depth of the holes should be such that breaking out of the concrete on the top side of the deck does not occur.&lt;br /&gt;
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=====643.1.5.3.3.3 Corrosion=====&lt;br /&gt;
Attachment hardware will be new, properly coated to prevent corrosion or be of a non-corrosive material, and be designed to support the facility.&lt;br /&gt;
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====643.1.5.3.4 Location====&lt;br /&gt;
In general, attachments are made on the underneath side of the bridge deck. The condition of the bridge deck will dictate the location of the attachment supports. An exception may be attachments to trusses or other overhead structures.&lt;br /&gt;
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Attachments that may require manholes in bridge decks are not allowed.&lt;br /&gt;
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When attachments are required to structures over streams that may carry large drifts, they must be attached to the downstream side of the structure and above the lowest superstructure element. It is preferred to locate the attachment on the outside of the exterior girder. If aesthetics are a concern, a better appearance can be achieved by having the attachment made to the inside of the exterior girder and above the bottom of the lower flange to hide the conduit and the attaching hardware.&lt;br /&gt;
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Placement of utilities must not prevent the removal of old paint, the application of new paint on superstructure steel, or cause debris buildup, which could cause structural deterioration.&lt;br /&gt;
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====643.1.5.3.5 Construction and Maintenance====&lt;br /&gt;
If the attachment cannot be built while maintaining one (1) lane of traffic on the structure, it will not be allowed.&lt;br /&gt;
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Construction procedures that severely impact traffic may factor into the allowable location of the attachment on the structure.&lt;br /&gt;
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When scaffolding is to be attached or supported by bridge rails, bridge superstructure, or bridge substructure, the procedures for construction of the attachment must be reviewed.&lt;br /&gt;
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The utility owner or local entity will pay for, or be responsible for, the painting of the attachment, if necessary, when the bridge requires painting.&lt;br /&gt;
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==643.1.6 Private Lines==&lt;br /&gt;
Private lines are permitted to cross the right of way of a highway in the same manner as outlined for all utility facilities in above sections of this article. Parallel installations along the right of way of a highway are not permitted. Special conditions at a specific location that make adherence to this policy impractical will be submitted to the Chief Engineer for consideration of an acceptable alternative. In certain situations, it may be necessary to obtain approval from the Federal Highway Administration (FHWA) before approval to use the alternative can be given to the private utility owner.&lt;br /&gt;
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==643.1.7 Water and Sewer Separations==&lt;br /&gt;
The Missouri Department of Natural Resources (MoDNR) Safe Drinking Water Commission via 10 CSR 60-10 and Clean Water Commission via 10 CSR 20-8 govern the design of water and sewer lines in the vicinity of one another. Basic criteria are outlined below for information, and details are contained within the regulations. MoDOT is not responsible for providing or acquiring adequate right of way for utility owners to comply with MoDNR requirements.&lt;br /&gt;
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===643.1.7.1 Water and Sewer Separations===&lt;br /&gt;
====643.1.7.1.1 Horizontal====&lt;br /&gt;
Sanitary and storm sewers are to be laid at least ten feet (10’) horizontally measured from outside edge to outside edge from any existing or proposed water main. In cases where it is not practical to maintain ten feet (10’) of separation, installation of the water main closer to the sewer is acceptable where the water main is installed in a separate trench or on an undisturbed earth shelf located on one (1) side of the sewer at an elevation so the bottom of the water main is at least eighteen inches (18”) above the top of the sewer.&lt;br /&gt;
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===643.1.7.2 Crossings===&lt;br /&gt;
Water mains are to be laid to provide a minimum vertical distance of eighteen inches (18”) vertically measured outside edge to edge from sanitary or storm sewers. This is the case whether the water main is above or below the sewer. One (1) full length of water pipe must be located so both joints will be as far from the sanitary or storm sewer line as possible. Special structural support for the water main or sanitary or sewer main may be required.&lt;br /&gt;
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===643.1.7.3 Exception===&lt;br /&gt;
When it is impossible to obtain proper horizontal and vertical separation as stipulated, the sewer will be designed and constructed equal to water pipe and will be pressure-tested to assure it is watertight prior to backfilling.&lt;br /&gt;
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===643.1.7.4 Water Supply Interconnections===&lt;br /&gt;
No physical connection is permitted between a public or private potable water supply system and any sanitary or storm sewer or appurtenance that would permit the passage of any sewage or polluted water into the water supply. No water pipe is permitted to pass through or come in contact with any part of a sanitary sewer manhole.&lt;br /&gt;
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===643.1.7.5 Water Works Structures===&lt;br /&gt;
Sewers are not permitted to be installed within fifty feet (50’) in any direction from any existing or proposed public water supply well or other water supply sources or structures.&lt;br /&gt;
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==643.1.8 Variances==&lt;br /&gt;
Occasionally, it is impractical to locate a utility facility in accordance with requirements outlined in this article. MoDOT may consider a utility owner’s request for a variance from these requirements on a case-by-case basis. The utility owner should complete a [https://epg.modot.org/forms/general_files/DE/UtilityVarianceApprovalForm.docx Utility Variance Approval Form] to be submitted to MoDOT for consideration. Variances on the Interstate System require approval of the Federal Highway Administration (FHWA). A flow chart, [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_8_VarianceApprovalProcess.pdf EPG Figure 643.1.8], of the variance process is available.&lt;br /&gt;
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A variance will not be permitted just for the convenience of the utility owner. The utility owner requesting a variance must provide all necessary information to properly evaluate if a variance should be approved. For example, a utility owner requesting a variance because “the utility corridor is full” must explore all reasonable options. It is suggested that the requestor pothole the existing utility corridor to confirm the location of existing utility facilities and provide that data to support the need to locate outside of the utility corridor due to its congestion.&lt;br /&gt;
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===643.1.8.1 Variance Process===&lt;br /&gt;
Any utility owner of a public utility facility may apply for a variance. The process for requesting a variance is as follows:&lt;br /&gt;
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====643.1.8.1.1 Submittal Requirements====&lt;br /&gt;
Utility owners submit to the district utilities staff a written request for a variance using the [https://epg.modot.org/forms/general_files/DE/UtilityVarianceApprovalForm.docx Utility Variance Approval Form]. The utility owner must clearly show the provision(s) or guideline(s) for which the variance is being requested; the condition(s) which the utility owner believes warrant(s) the granting of a variance; a thorough explanation of the reason(s) for the requested variance, including sufficient and appropriate documentation of safety, aesthetic, or constructability constraints that would be adverse to the function, access, or maintenance of the utility facility and not in the best interest of the public.&lt;br /&gt;
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====643.1.8.1.2 MoDOT Consideration of Variance Request====&lt;br /&gt;
The utility owner bears full responsibility for demonstrating to MoDOT’s satisfaction that the variance is the most appropriate way to serve the public interest. MoDOT may present to the utility owner and the utility owner must consider reasonable alternatives to the variance requested by the utility owner. In determining whether to grant a variance, district utilities staff will consider all relevant factors including, but not limited to: the requested variance is reasonably necessary for the convenience, safety, health, and/or welfare of the public; there is an exceptional or undue burden or hardship on the specific applicant; a physical impracticability that would result from the applicant’s adherence to the normal location requirements; and the requested variance will not impair the safe construction, maintenance, operation, and safety of public travel on the highway. District utilities staff may consult with the Design Liaison Engineer in evaluating variances.&lt;br /&gt;
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====643.1.8.1.3 Approval of Variances====&lt;br /&gt;
Once district utilities staff have agreed to accept a variance proposed by the utility owner, the [https://epg.modot.org/forms/general_files/DE/UtilityVarianceApprovalForm.docx Utility Variance Approval Form] and all supporting documentation is sent to the District Design Engineer (DDE) for approval. If a variance is on interstate right of way, the DDE-signed Variance Request Form and all supporting documentation is forwarded to the Design Liaison Engineer who will forward to FHWA for their concurrence.&lt;br /&gt;
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====643.1.8.1.4 Variance Appeal Informal Hearing====&lt;br /&gt;
If denied a variance, the utility owner has thirty (30) calendar days to request an informal hearing for the purpose of appealing the denial. Requests must be made in writing to the State Design Engineer, Missouri Department of Transportation, P.O. Box 270, Jefferson City, MO 65102. If the utility owner requests an informal hearing, MoDOT’s authorized representative will advise the applicant of the time, date, and place of the hearing. The hearing is not a contested case under RSMo 536. The rules of evidence will not apply at the hearing, and MoDOT’s decision after the conduct of the hearing is not subject to further appeal.&lt;br /&gt;
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==643.1.9 Excess Right of Way==&lt;br /&gt;
Prior to conveyance of excess right of way, the status of utility facilities within said parcel must be addressed. See [[236.5_Property_Management#236.5.12_Excess_Land_Conveyances_&amp;amp;_Relinquishments_–_Regulated_Utilities|EPG 236.5.12]].&lt;br /&gt;
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==643.1.10 Broadband==&lt;br /&gt;
Broadband development in the state of Missouri is handled by the Department of Economic Development (DED). MoDOT shares its approved Statewide Transportation Improvement Program (STIP) project list with DED. All MoDOT policies related to placement of utility facilities within Commission right of way as outlined in this EPG article 643.1 are to be followed.&lt;br /&gt;
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&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643.2 Utilities in Program Delivery &#039;&#039;PAGE TITLE&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt; &lt;br /&gt;
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==643.2.1 Introduction==&lt;br /&gt;
Improvements to the highway system often require negotiation between the Commission and a city, a county, or a public or private utility owner. The Commission’s district utilities staff is responsible for coordination of highway improvement projects with the utility owner’s representative. The impact to a utility, the responsibility for the cost of adjustments necessary to allow highway construction, the plan of adjustment of the utility, the responsibility of performance of work on utility facilities, and the schedule of the utility adjustment are all items that vary depending on the project and should be investigated and negotiated to ensure highway improvement projects are delivered on-time and on-budget. These should comply with Commission policy. A flowchart [link here] outlining all the utility adjustment processes (reimbursable and non-reimbursable relocations, Master Reimbursable Utility Agreements and Project Specific Agreements, etc.) are available in the list of figures at the top of the page. These processes will not always be in combination, but each should be considered with each project.&lt;br /&gt;
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The district utilities staff, in conjunction with the Transportation Project Manager (TPM), is expected to invite and encourage participation of utility owner representatives in MoDOT project meetings as needed.&lt;br /&gt;
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When a project involves utility adjustments for which the Commission is responsible for costs, the TPM should program the costs of the utility adjustments as non-contractual construction costs in the STIP Information Management System (SIMS).&lt;br /&gt;
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==643.2.2 Annual Utility Meeting==&lt;br /&gt;
Each district should hold an annual meeting with utilities to discuss current STIP projects in the district. The annual meeting should be held during each year&#039;s STIP preparations, ideally between January and May. All utility owners that have utility facilities in the district should be invited. The intent is to provide the utility owners with an idea of upcoming projects to allow them the opportunity to plan and budget for potential adjustments of their utility facilities, identify both MoDOT and utility roadblocks, and develop action plans to complete utility adjustments better, faster, and cheaper.&lt;br /&gt;
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==643.2.3 Determination of Existing Utilities==&lt;br /&gt;
District utilities staff should determine the appropriate level of effort needed to accurately identify existing utilities within the footprint of a proposed highway construction project. Aboveground utilities are easily identifiable via field checks; however, determination of the precise location of underground utilities can be more challenging and time consuming. Therefore, the district utilities staff should balance the risk of conflict with the highway construction project against the level of effort needed to determine the location.&lt;br /&gt;
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The level of effort on mapping utilities is dependent on the scope of the project and the potential for utilities having an impact on the construction of the project. The project schedule should include the time to complete this task accurately. The time and effort necessary for having accurate locates requires close interaction with the utility locators. Early contact with utility owner representatives may be necessary to accurately locate underground utility facilities.&lt;br /&gt;
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Various methods of determining existing underground utilities result in different levels of quality. ASCE Standard 38 Standard Guidance for Investigating and Documenting Existing Utilities classifies four levels of quality:&lt;br /&gt;
:1. Quality Level D: QL-D is the most basic level of information for utility locations. It comes solely from existing utility records or verbal recollections, both typically unreliable sources. It may provide an overall &amp;quot;feel&amp;quot; for the congestion of utilities but is often highly limited in terms of comprehensiveness and accuracy. QL-D is useful primarily for project planning and route selection activities.&amp;lt;br&amp;gt;&lt;br /&gt;
: Missouri 811 or “private-locate” markings are to be considered to be QL-D.&lt;br /&gt;
:2. Quality Level C: QL-C is probably the most used level of information. It involves surveying visible utility facilities (e.g., manholes, valve boxes, etc.) and correlating this information with existing utility records (QL-D information). When using this information, it is not unusual to find that many underground utilities have been either omitted or erroneously plotted. Therefore, its usefulness is primarily on rural projects where utilities are not prevalent or are not too expensive to repair or relocate.&lt;br /&gt;
:3. Quality Level B: QL-B involves the application of appropriate surface geophysical methods to determine the existence and horizontal position of virtually all utilities within the project limits. This activity is called &amp;quot;designating&amp;quot;. The information obtained in this manner is surveyed to project control. It addresses problems caused by inaccurate utility records, abandoned or unrecorded utility facilities, and lost references. The proper selection and application of surface geophysical techniques for achieving QL-B data is critical. Information provided by QL-B can enable the accomplishment of preliminary engineering goals. Decisions regarding location of storm drainage systems, footers, foundations, and other design features can be made to avoid conflicts with existing utilities. Slight adjustments in design can produce substantial cost savings by eliminating utility relocations.&lt;br /&gt;
:4. Quality Level A: QL-A, also known as &amp;quot;locating or potholing&amp;quot;, is the highest level of accuracy presently available and involves the full use of the subsurface utility engineering services. It provides information for the precise plan and profile mapping of underground utilities through the nondestructive exposure of underground utilities, and provides the type, size, condition, material, and other characteristics of underground features.&lt;br /&gt;
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For projects with scopes that have potential for utility conflicts, the minimum level of effort required is SUE Quality Level D. Locations of existing utilities are determined by requesting locates through Missouri 811, also known as the “One-Call” process. Missouri 811 locating requests should be carefully considered for the scope of work of the project. When necessary, the location of existing utilities should be established by a field survey of locate markings and features and shown on the roadway plans. Higher level SUE Quality Levels can be used on any project. Adjustment cost savings, whether to the MoDOT or to the utility owner, are beneficial to the taxpayer. Good SUE projects are typically urban in nature, or in congested areas, where the project footprint is to be minimized, or anytime accurate vertical and horizontal location of the utility facility might allow a design to avoid the utility facility thus preventing the need for the adjustment. The SUE process combines civil engineering, surveying, and geophysics. It utilizes several technologies, including vacuum excavation and surface geophysics.&lt;br /&gt;
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When proposed excavation or installation of subsurface features (drainage, equipment bases, etc.) falls within three feet (3’) of a marked Missouri 811 line, soft digging (hand digging, potholing, vacuum methods, pressurized air/water jetting, pneumatic hand tools, etc.) is required to more exactly locate the utility facility both horizontally and vertically. Utility facilities present within the right of way by permit, should be investigated by the utility owner. Utility facilities that would be reimbursable or partially reimbursable as defined in EP 643.2.8 will be investigated by MoDOT.&lt;br /&gt;
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==643.2.4 Conflict Determination==&lt;br /&gt;
Determination of whether a conflict exists between an existing utility facility and a proposed highway improvement project should occur at the earliest possible stage of project development. A conflict may be the result of the physical interaction between the roadway infrastructure and utility facility, a reduction in cover or increase in fill over underground utilities, a reduction in horizontal clearance whether above or below ground, a reduction in overhead vertical clearance, paving over utilities, or restricting a utility owner’s access to its utility facilities. District utilities staff should work with utilities to determine if a conflict exists and the appropriate plan of adjustment to remedy the conflict. The adjustment to the utility may be a relocation or another measure that protects the utility or access to the utility from the proposed highway improvement project. Determination of a conflict needs to be continually re-evaluated as the project design progresses. Continuing coordination is essential.&lt;br /&gt;
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==643.2.5 Utility Plan of Adjustment==&lt;br /&gt;
===643.2.5.1 Request for Plan of Adjustment===&lt;br /&gt;
District utilities staff will request a plan of adjustment from utility owners whose utility facilities are in conflict with a proposed highway project. The plan of adjustment may consist of efforts to relocate the utility or otherwise protect a utility from the impacts of the proposed highway project. Utilities are shown on the roadway plan and profiles sheets that are furnished to utility owners for use in planning required utility adjustments. Any other sheets such as drainage, traffic signal, lighting, or ITS plans that show impacts to a utility facility should also be provided to the utility owners. All adjustments, reimbursable or not, require a plan of adjustment furnished by the utility owner.&lt;br /&gt;
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A transmittal letter is included in the request for a plan of adjustment. The letter informs the utility owner that regardless of whether an adjustment is reimbursable, no physical adjusting or relocating of their utility facilities to accommodate the proposed highway improvement is to be performed without specific approval and authorization. Additionally, if any part of the adjustment has the potential to be reimbursable, they are advised:&lt;br /&gt;
# They may undertake preliminary engineering by their own forces upon approval by district utilities staff of the estimated costs of preliminary engineering.&lt;br /&gt;
# They may employ a consultant to do the PE work provided they request and obtain prior approval. See [[#643.2.6_Preliminary_Engineering_Requirements|EPG 643.2.6 Preliminary Engineering Requirements]].&lt;br /&gt;
# Any preliminary engineering costs accrued prior to the date of written authorization to proceed will not qualify for reimbursement.&lt;br /&gt;
# Replacement right of way or easements cannot be purchased without specific approval and authorization.&lt;br /&gt;
&lt;br /&gt;
===643.2.5.2 Proposed Plan of Adjustment===&lt;br /&gt;
Developing a plan of adjustment is a multi-step process. The utility owner will propose a conceptual approach to adjusting the utility facilities to allow highway construction. This conceptual approach is used as the basis for determining cost responsibility, estimate of costs for preliminary engineering and construction, developing the agreement if necessary, and final design of the adjustment. Negotiations between district utility staff and the utility owner’s representative can result in changes to the design throughout the process.&lt;br /&gt;
&lt;br /&gt;
Final plans of adjustment must contain a legend on the first sheet identifying the utility symbols used. They must also show the existing utility facilities and their disposition, the location of the new or adjusted utility facilities, the existing and new right of way lines, the limited or fully controlled access symbols (where applicable), the existing and proposed roadways, ramps, and outer roadways and any other pertinent roadway information. They must contain sufficient details concerning location, elevation, compaction, clean up, etc. to provide for the proper adjustment of the utility facility. Relocated and/or existing utility facilities that will remain in place must be dimensioned or indicated in a manner to show their location in respect to the right of way lines. It is preferred that the utility owner transmits the plan of adjustment by electronic deliverables in a format that can be incorporated into the roadway plans. This will reduce the time and effort necessary as well as increase the accuracy of transferring this information into the roadway plans.&lt;br /&gt;
&lt;br /&gt;
Plans of adjustment received from the utility owner are to be checked for compliance with MoDOT’s requirements ([[#643.1_Utilities_Location|EPG 643.1 Utility Location]]) by the district utilities staff. They are also checked to ensure compatibility with the roadway design. Any continuing conflicts are resolved through negotiations with the utility owner.&lt;br /&gt;
&lt;br /&gt;
Occasionally, it is impractical to perform a utility adjustment in accordance with MoDOT’s requirements. Sometimes the utility may request approval of a plan of adjustment that does not conform to these requirements. Deviation from MoDOT’s utility requirements is a variance. Refer to [[#643.1.8_Variances|643.1.8 Variance Process]] for additional guidance.&lt;br /&gt;
The final plan of adjustment is included as Exhibit “A” to the agreement ([[#643.2.12_Utility_Agreements|EPG 643.2.12 Agreements]]).&lt;br /&gt;
&lt;br /&gt;
==643.2.6 Preliminary Engineering Requirements==&lt;br /&gt;
Preliminary engineering (PE) can be performed one of four ways for utility adjustments:&lt;br /&gt;
# The utility owner can use its own engineering forces.&lt;br /&gt;
# MoDOT can select an engineering consultant, after consultation with the utility owner, and the consultant contract will be administered by MoDOT.&lt;br /&gt;
# The utility owner can select an engineering consultant, with approval by MoDOT, and the consultant contract will be administered by the utility owner.&lt;br /&gt;
# If a utility adjustment is being included in a MoDOT administered construction contract, the preliminary engineering of the adjustment can be provided by MoDOT.&lt;br /&gt;
&lt;br /&gt;
For reimbursable utility adjustments, the amount paid to engineers, architects, and others for required engineering and allied services can be included in reimbursement amount provided such amounts are not based on a percentage of the costs of the necessary adjustments to allow highway construction. Reimbursement is available for contracts executed after solicitation of a consultant for the specific adjustment or existing continuing contracts when it is demonstrated that such work is performed regularly for the utility owner in its own work and that the costs are reasonable.&lt;br /&gt;
&lt;br /&gt;
A [https://epg.modot.org/forms/general_files/DE/UtilityConsultantContractChecklist.docx checklist is available for reviewing consultant-engineering contracts] to ensure the contract conforms to MoDOT policy and complies with applicable federal regulations. District utilities staff should use the checklist to review contracts and may consult with Audits and Investigations Division as necessary. The procedures in 23 CFR part 172, Administration of Engineering and Design Related Service Contracts may be used as a guide for reviewing proposed consultant contracts. [[:LPA:136.4_Consultant_Selection_and_Consultant_Contract_Management|EPG 136.4 Consultant Selection and Consultant Contract Management]] may also be used as a guide.&lt;br /&gt;
&lt;br /&gt;
===643.2.6.1 Solicited Consultant Contracts===&lt;br /&gt;
If solicitation of PE services is required for reimbursable utility adjustments, the utility owner must provide the following documents and information to district utilities staff. These documents need to be provided as soon as the utility owner has chosen to solicit a consultant. Document 1 must be supplied by all utility owners. Documents 2 and 3 are only required when the utility owner is a local government agency who is also a political subdivision of the state of Missouri (e.g., city-owned utilities, county-owned utilities). All other utility owners are encouraged, but not required, to provide Documents 2 and 3:&lt;br /&gt;
# A statement that the utility owner is not staffed or able to perform the required PE services with its own forces.&lt;br /&gt;
# Provide the names of at least three (3) consultants considered.&lt;br /&gt;
# The criteria used to evaluate each consultant and reasons why the selected consultant was selected.&lt;br /&gt;
&lt;br /&gt;
The following documents need to be provided as soon as the utility owner has successfully negotiated and entered into a contract with the consultant:&lt;br /&gt;
# The name and address of the selected consultant.&lt;br /&gt;
# A statement that the &amp;quot;[https://epg.modot.org/forms/general_files/DE/CertificationOfConsultant.docx Certification of Consultant]&amp;quot; will be furnished immediately upon award of the contract to the consultant.&lt;br /&gt;
# One executed copy of the proposed engineering contract or agreement between the utility owner and consultant, only if the engineering will exceed $5,000.00.&lt;br /&gt;
# The consultant&#039;s fixed (lump sum) or estimated fee (actual cost) and the contract maximum.&lt;br /&gt;
# A cost summary providing a detailed breakdown of the basis for the consultant&#039;s compensation, including estimated labor hours, hourly rates for each classification, overhead rate (if used), the amount of profit charged, and any other estimated charges such as travel expenses, equipment rentals, etc. If an overhead rate is used, the consultant must also submit the supporting overhead rate calculations.&lt;br /&gt;
# An independent cost estimate of engineering services provided by the utility owner to use in comparison to the consultant’s proposed engineering services to check for cost reasonableness.&lt;br /&gt;
&lt;br /&gt;
===643.2.6.2 Continuing Consultant Contracts===&lt;br /&gt;
When a utility owner chooses to use an existing continuing contract for PE services, the utility owner must provide the following documents and information to the district utilities staff as soon as possible.&lt;br /&gt;
# A statement that the utility owner is not staffed or able to perform the engineering with its own forces.&lt;br /&gt;
# The name and address of the consultant under the existing continuing contract.&lt;br /&gt;
# A statement that the &amp;quot;[https://epg.modot.org/forms/general_files/DE/CertificationOfConsultant.docx Certification of Consultant]&amp;quot; will be furnished.&lt;br /&gt;
# A copy of the continuing contract to the district utilities staff. The district utilities staff will review the contract for reasonableness of cost.&lt;br /&gt;
# The consultant&#039;s fixed (lump sum) or estimated fee (actual cost) and the contract maximum for the work associated with the utility adjustment.&lt;br /&gt;
# A cost summary providing a detailed breakdown of the basis for the consultant&#039;s compensation, including estimated labor hours, hourly rates for each classification, overhead rate (if used), the amount of profit charged, and any other estimated charges such as travel expenses, telephone, etc. If an overhead rate is used, the consultant must also submit the supporting overhead rate calculations.&lt;br /&gt;
# An independent cost estimate of engineering services provided by the utility owner to use in comparison to the consultant’s proposed engineering services to check for cost reasonableness.&lt;br /&gt;
&lt;br /&gt;
===643.2.6.3 Consultant Contract Changes===&lt;br /&gt;
If a PE services contract between a utility owner and a consultant needs to be revised, a copy of the revised contract, fee, and schedule should be submitted by the utility owner to the district utilities staff prior to allowing for contract changes. District utilities staff should review the contract changes to ensure the revised contract conforms to MoDOT policy and complies with applicable federal regulations.&lt;br /&gt;
&lt;br /&gt;
==643.2.7 Environmental and Right of Way==&lt;br /&gt;
===643.2.7.1 Utilities and Environmental Clearances===&lt;br /&gt;
District utilities staff should coordinate with the TPM and utility owner’s representative to understand and communicate on known environmental and cultural constraints that could impact a utility owner’s plan of adjustment. This will allow the utility owner to consider permitting timelines and alternatives that avoid environmental or cultural resources to keep the project on schedule.&lt;br /&gt;
&lt;br /&gt;
One strategy to make project delivery more efficient and ensure regulatory compliance is for MoDOT to obtain the environmental and cultural resource permits and clearances for the utility owners associated with a roadway improvement while obtaining its own. This would generally only be for the permits and regulatory clearances MoDOT already needs to pursue as a part of the transportation improvement.&lt;br /&gt;
&lt;br /&gt;
District utilities staff should coordinate with the utility owner’s representative early in the project timeline to determine if it is in the best interest of both MoDOT and the utility owner to obtain permits and environmental clearances jointly. The following strategies can be utilized to determine if a joint approach to environmental work should be pursued:&lt;br /&gt;
* If utility facilities are moving to a location within or immediately adjacent to MoDOT right of way, a utility owner may be invited to participate in permitting and environmental compliance activities.&lt;br /&gt;
* If utilities move to a location not within or adjacent to MoDOT right of way, the utility company would not normally be invited to participate in permit applications and environmental compliance activities. However, some unique projects may necessitate further attention and should be discussed with the Design Liaison Engineer.&lt;br /&gt;
&lt;br /&gt;
If MoDOT and the utility owner agree to obtain joint permits and clearances, written communication between the utility owner’s representative and the district utilities staff should document the following items:&lt;br /&gt;
* List of the permits and clearances that MoDOT will acquire on behalf of the utility owner.&lt;br /&gt;
* List of the information needed from the utility owner in order for MoDOT to acquire the permits and clearances.&lt;br /&gt;
* Schedule and deadlines for submittal of the information by the utility owner. For example: utility plans, fill quantities, construction methods, dates, or seasons of construction.&lt;br /&gt;
&lt;br /&gt;
Permits and clearances that may be needed by both a utility owner and MoDOT include:&lt;br /&gt;
* [[127.7_Threatened_and_Endangered_Species|Endangered Species Act consultation and clearance]]&lt;br /&gt;
* [[127.2_Historic_Preservation_and_Cultural_Resources#127.2.1.1_Historic_Preservation_Regulations_and_Laws|Section 106 of the National Historic Preservation Act clearance]]&lt;br /&gt;
* [[127.10_Section_4(f)_Public_Lands|Section 4(f) clearance]]&lt;br /&gt;
* [[127.10_Section_4(f)_Public_Lands#127.10.1.4_Section_6(f)_Laws_and_Regulations|Section 6(f) of the Land and Water Conservation Fund Act clearance]]&lt;br /&gt;
* [[127.4_Wetlands_and_Streams|Section 401 and Section 404 of the Clean Water Act permits]]&lt;br /&gt;
* [[:Category:806_Pollution,_Erosion_and_Sediment_Control#806.1_Introduction_(see_Sec._806)|Section 402 of the Clean Water Act permit (State Operating Permit for Erosion Control)]]&lt;br /&gt;
* [[127.8_Hazardous_and_Solid_Waste|Recommendations on contaminated soil disposition]]&lt;br /&gt;
&lt;br /&gt;
===643.2.7.2 Right of Way Acquisition and Utilities===&lt;br /&gt;
The Commission is obligated to acquire the width of right of way required by the design of the highway improvement. For utility facilities currently located within the Commission’s right of way, this includes the necessary space for the utility facilities impacted by the design of the highway improvement. Either additional right of way width to accommodate a utility corridor or a utility easement can be obtained for the relocation of utility facilities. When drainage easements are acquired along a channel, additional space for utility facilities should be considered to avoid conflicts between the utility facility and the bridge or culvert.&lt;br /&gt;
&lt;br /&gt;
District utilities staff should inform the utility owner’s representative of the potential of a conflict between an existing utility facility and a proposed highway construction project early in the project development process to allow sufficient time for the utility owner to prepare a plan of adjustment and notify the district utilities staff of any easement needs. When utility facilities are located on a utility owner’s private easement, the utility owner may obtain its own new easements. If the utility owner is not in a position to negotiate for new easements or if the utility owner’s policies will not permit it to condemn property to obtain the easement, MoDOT can acquire the easement in the same manner roadway right of way is obtained. The district utilities staff should verify the utility owner is aware of the opportunity to have MoDOT acquire the easement, and the utility owner should provide written documentation on whether the utility owner would like to pursue this option with MoDOT.&lt;br /&gt;
&lt;br /&gt;
For situations where the utility owner will obtain its own replacement right of way and the cost of the adjustment is MoDOT’s responsibility, the utility right of way cost should be reviewed by the district right of way department to ensure the cost is reasonable and acquisition followed state and federal regulations. In order to expedite utility adjustments necessary to allow highway construction, the district utility staff may authorize the utility owner to obtain easements prior to all details of a plan of adjustment being developed. In this situation, the district utilities staff should ensure enough details are known to justify the needed right of way, and an agreement for right of way costs only should be executed with the utility owner.&lt;br /&gt;
&lt;br /&gt;
For situations where MoDOT will obtain the right of way necessary to allow highway construction, district utility staff should negotiate with the utility owner’s representative to ensure all necessary utility easements are shown on the approved right of way plans. The TPM should confirm with district utilities staff that the right of way plans accurately reflect the needs of the utility owners prior to requesting right of way plan approval. The district Right of Way Manager should confirm with district utilities staff before requesting an acquisition date (A-date). Every effort should be made to avoid adding utility easement requests once negotiations with property owners have begun.&lt;br /&gt;
&lt;br /&gt;
Occasionally, when negotiations cannot be completed for easements for the adjustment of utility facilities, it may be necessary to condemn for the property. District utilities staff should coordinate with the utility owner’s representative to ensure no alternate design for the adjustment of the utility facility is practical. The decision to condemn for easements for the adjustment of the utility facilities requires the exercise of good judgment in reaching the conclusion that further good faith negotiations are futile and condemnation is necessary to maintain the project in the scheduled letting. The TPM should coordinate with the district utilities staff and district Right of Way (RW) personnel on the condemnation proceedings.&lt;br /&gt;
&lt;br /&gt;
Easement and other right of way documents used with utility owners are handled in accordance with procedures established jointly with RW and district utilities staff. District survey staff prepare the land descriptions for use in utility easements. The district utilities staff is responsible for completion of the easements in the correct form and scope. A sketch delineating the area described is attached to the easement as Exhibit “A”. Communication with the Design Division will ensure use of proper forms, corporate names and locations, and particular wording required for joint ownerships. The description for a utility easement is to be referenced to the nearest land corner shown on the plans. Examples of easements can be found in the template list in [https://netprod3.dot.missouri/eAgreements/Search/QuickSearch eAgreements].&lt;br /&gt;
&lt;br /&gt;
In situations where MoDOT is acquiring right of way with existing utility easements, but the district utilities staff and the utility owner’s representative agree that the utility facility may remain in place, the utility owner will release the property to the Commission separate from the right of way acquisition. This is done by executing an Easement for Highway Construction (UT16). The utility owner grants and conveys, with warranty of title expressed or implied, to the Commission, the right to construct, reconstruct, and maintain a highway over and across that portion of the easement owned and held by the utility owner. In the future, the utility owner retains any reimbursable rights should future projects require adjustments to allow highway construction.&lt;br /&gt;
&lt;br /&gt;
==643.2.8 Cost Responsibility==&lt;br /&gt;
In addition to determining if a conflict exists between an existing utility facility and a highway improvement project, it is important to determine who is responsible for the costs of the necessary adjustments to allow highway construction. An adjustment for which the Commission is responsible for the costs is known as a reimbursable adjustment. An adjustment for which the Commission is not responsible for the costs is known as a non-reimbursable adjustment. An adjustment for which the Commission and the utility share responsibility for costs is known as a partially reimbursable adjustment. Adjustments determined to be reimbursable or partially reimbursable by the Commission are to be completed under the terms of an agreement executed between the utility owner and the Commission.&lt;br /&gt;
&lt;br /&gt;
===643.2.8.1 Commission Responsibility===&lt;br /&gt;
====643.2.8.1.1 Utility Facilities Located on Private Easements====&lt;br /&gt;
When the utility facility is located on a private easement within the new right of way to be acquired for a future project, the Commission is responsible for the cost of the necessary adjustments to allow highway construction. It may be possible that such easement does not have written easement rights. The Commission will honor this oral right provided acceptable documentation is provided by the utility owner to the district utilities staff. An [https://epg.modot.org/forms/general_files/DE/NonwrittenEasementRights_Example.docx example of acceptable documentation for not written easement rights] is available. Other forms of documentation will be considered on an individual basis.&lt;br /&gt;
&lt;br /&gt;
=====643.2.8.1.1.1 Future Moves=====&lt;br /&gt;
When the utility facility is located on a private easement, taken into the Commission’s right of way, the Commission may agree that any future moves of the same utility by Commission order may be made at the Commission’s cost. Documentation of this agreement is by an Easement for Highway Construction (UT16) agreement. If the Commission provides a substitute private easement, then the Commission will have future obligations consistent with the utility facility’s status in an easement.&lt;br /&gt;
&lt;br /&gt;
====643.2.8.1.2 Utility Facilities Located within Commission Right of Way====&lt;br /&gt;
When the utility facility is located within Commission right of way, but has prior land rights, the Commission is responsible for the cost of adjustments to allow highway construction. The utility owner is responsible for documenting to the satisfaction of the district utilities staff, the basis for the claim of prior land rights within Commission right of way. Time spent researching prior rights is considered coordination and is reimbursable.&lt;br /&gt;
&lt;br /&gt;
====643.2.8.1.3 City or County Utility Facilities on City or County Streets====&lt;br /&gt;
When roadway improvements are within the corporate limits of cities, towns, and villages, a municipal agreement is negotiated between the Commission and the municipality. Likewise, when roadway improvements are within the limits of a county and outside the municipal limits, a county agreement is negotiated between the Commission and the County Commission. Included in these agreements are provisions regarding reimbursement for adjusting city or county owned utility facilities. Reimbursement is provided for adjustment of city or county owned utility facilities that are now located on city or county streets and not on Commission right of way.&lt;br /&gt;
&lt;br /&gt;
====643.2.8.1.4 Lumen====&lt;br /&gt;
Lumen – National (formerly CenturyLink, Lightcore, or Digital Telephone, Inc. (DTI)) and the Commission have entered into a partnership agreement, “Amended and Restated Fiber Optic Cable on Freeways in Missouri,” executed June 5, 2003 which obligates the Commission to be responsible for the cost of the necessary adjustments to allow highway construction along the routes identified in the agreement. A copy of the agreement is available to district utilities staff.&lt;br /&gt;
&lt;br /&gt;
====643.2.8.1.5 Services to the Commission====&lt;br /&gt;
When a utility facility provides a service connection to local Commission facilities such as power to traffic signals, lighting, ITS, and cathodic protection and phone drops to traffic signal controllers or other Commission facilities, the Commission is responsible for the cost of the necessary adjustments to allow highway construction.&lt;br /&gt;
&lt;br /&gt;
====643.2.8.1.6 Private Service Lines====&lt;br /&gt;
While most utility owners reconnect the private service lines at no cost to the property owner, some do not. If a utility owner does not reconnect service lines, MoDOT can include adjustment of private service lines in roadway contracts. Bid items for relocating service connections are provided for the different types of anticipated adjustments.&lt;br /&gt;
&lt;br /&gt;
====643.2.8.1.7 Second Moves====&lt;br /&gt;
If the Commission requires additional work to a utility facility after the facility has been relocated or adjusted in accordance with a plan of adjustment approved by the Commission for a single project number, the Commission is responsible for the cost of the additional work regardless of whether the initial adjustment was Commission responsibility as outlined in other parts of [[643.2_Local_Utility_Adjustments_-_Public_and_Private#643.2.8.1_Federalizing_Funds_for_Preliminary_Engineering|643.2.8.1]].&lt;br /&gt;
&lt;br /&gt;
The purpose of the policy is to encourage utilities to relocate early rather than waiting until plans are published for bidding. The policy eliminates the utility having to relocate twice at its own expense because of late changes in the design. It is best to have utilities relocated prior to construction, and this policy helps achieve that goal. Therefore, it is imperative that the designer notifies district utilities staff as soon as possible of any changes made after these plans have been sent. If notified immediately, it may be possible to inform the utility owner prior to their final design thereby eliminating a second move.&lt;br /&gt;
&lt;br /&gt;
Under this policy, the following are not considered second moves. Temporary and staged relocations necessary to accommodate construction and agreed upon by the utility and the Commission prior to relocation are considered a single move and are not subject to the provisions of the second move policy. If the Commission requires adjustment of a utility facility for which the utility owner is responsible for the cost of the adjustment and was originally determined to not need adjustment, the utility owner is responsible for the cost of the adjustment. The utility owner is responsible for the cost of additional work to any portion of the utility facility after the utility facility has been adjusted in accordance with a plan of adjustment approved by the Commission if the additional work is required by the Commission due to error by the utility owner in preparation of plan of adjustment, field location of, or construction of the adjustment of the utility facility.&lt;br /&gt;
&lt;br /&gt;
When evaluating construction contract changes by change order or value engineering, the impacts of the second move policy should be considered.&lt;br /&gt;
&lt;br /&gt;
===643.2.8.2 Utility Owner Responsibility===&lt;br /&gt;
====643.2.8.2.1 Utility Facilities Owned and Operated by a Political Subdivision====&lt;br /&gt;
When a utility facility is located within Commission right of way, but does not have prior land rights, the utility owner is responsible for the cost of the necessary adjustments to allow highway construction. When a utility facility is located on public right of way other than Commission right of way, the utility owner is responsible for the cost of the necessary adjustments to allow highway construction.&lt;br /&gt;
&lt;br /&gt;
When a political subdivision must bear part or all the cost of adjustments to their utility facilities, and the cost creates a financial hardship, the Commission, by its authorized representative, the Chief Engineer, may temporarily assume these costs. A payback agreement with the political subdivision will include an applicable interest rate for a comparable maturity from a widely published index of tax-exempt municipal rates obtained from Financial Services. Payback time will not exceed five (5) years.&lt;br /&gt;
&lt;br /&gt;
====643.2.8.2.2 Utility Facilities Other Than Those Owned by a Political Subdivision====&lt;br /&gt;
When a utility facility is on the right of way of a public road or street or on state highway right of way without prior land rights and adjustment is necessary to allow for the construction of a roadway improvement, the utility owner is responsible for the cost of the necessary adjustments to allow highway construction.&lt;br /&gt;
&lt;br /&gt;
===643.2.8.3 Shared Responsibility===&lt;br /&gt;
When a utility facility is located such that portions of it are a Commission responsibility and portions of it are a utility owner responsibility by the definitions above, the costs of the necessary adjustments to allow highway construction will be split by the Commission and the utility owner. If the exact cost for each party can be determined, each party will be responsible for their portion of the cost of relocating the utility facility. If the exact cost for each party cannot be determined, the parties will arrive at a percentage reimbursement on an equitable basis.&lt;br /&gt;
&lt;br /&gt;
===643.2.8.4 Notice of Hearing===&lt;br /&gt;
When relocation or other difficulties with utility facilities on public right of way arise that prevent resolution by negotiation, formal hearings will be required.&lt;br /&gt;
&lt;br /&gt;
The district initiates a request for a utility relocation hearing with a letter to the Chief Counsel’s Office (CCO) (a copy is provided to the Design Division) requesting a hearing date. CCO will arrange for a hearing room, court reporter, etc. and advise the district of the hearing date.&lt;br /&gt;
&lt;br /&gt;
The district will prepare the notice of hearing by strictly following the given format and serve the notice on all persons and utility owners listed. The property and utility owner must be served only by personal service or by mailing a certified letter, return receipt requested, no later than 15 days before the date of hearing. This will require the district to make every effort to identify the correct property owner before preparing the notice of hearing. To avoid delays, every attempt will be made to issue the hearing notice at least 30 days prior to the hearing date in case any property has changed ownership and any additional property owners must be served. A notice of hearing on service line connections will also be served on the private or public owner of the main or distribution line to which the service lines are connected. A notarized &amp;quot;Report of Personal Service&amp;quot; will be completed when notification by certified mail is not used.&lt;br /&gt;
&lt;br /&gt;
One copy of the hearing notice and attachments, &amp;quot;Report of Personal Service&amp;quot; and certified mail notices are to be submitted to CCO after notification is complete.&lt;br /&gt;
&lt;br /&gt;
Prior to the hearing, the district&#039;s representative will become familiar with the details of the utility adjustment in order to provide concise testimony to expedite the hearing process. CCO will assign an attorney to work with the district and present the case.&lt;br /&gt;
&lt;br /&gt;
Refer to 7 CSR 10-3.030 020 Utility Relocation Hearings for additional information.&lt;br /&gt;
&lt;br /&gt;
A Waiver of Hearing should be obtained for non-reimbursable adjustments to document the commitment of the utility owner to adjust its utility facilities without adversely impacting the highway construction project. This may be accomplished informally via written communications between the district utilities staff and the utility owner’s representative. A [https://epg.modot.org/forms/general_files/DE/WaiverOfHearingForm.docx formal Waiver of Hearing statement] may be requested by either MoDOT or the utility owner. A [https://epg.modot.org/forms/general_files/DE/WaiverOfHearingLetter.docx sample transmittal letter for the Waiver of Hearing] is available. For reimbursable or partially reimbursable adjustments, the formal agreement serves as the basis of documentation of this commitment.&lt;br /&gt;
&lt;br /&gt;
==643.2.9 Estimates==&lt;br /&gt;
District utilities staff will negotiate with utility owners to determine reimbursable costs of the necessary adjustments to allow highway construction ([[#643.2.8_Cost_Responsibility|EPG 643.2.8 Cost Responsibility]]). These estimates are prepared in accordance with the provisions of 23 CFR 645 and any amendment thereto. These estimates must reflect the same procedures and costs used by the utility owners in their normal operations and must also accurately represent the expected costs of the work. The utility owner’s estimate will be reviewed by the district utilities staff to ensure compliance with 23 CFR 645.&lt;br /&gt;
&lt;br /&gt;
===643.2.9.1 Independent Cost Estimate===&lt;br /&gt;
The independent cost estimate provides the basis for district utilities staff to review the utility owner’s estimate of costs of the necessary utility adjustments to allow highway construction and any subsequent negotiations with the utility owner. The district utilities staff should prepare an independent cost estimate. The independent cost estimate may be based on unit prices of anticipated items of work in a utility adjustment necessary to allow highway construction. The independent cost estimate alternately may be based on recent similar types of utility adjustments necessary to allow highway construction and scaled for size. Consultants can be used to develop the independent cost estimate. All documentation of the independent cost estimate should be placed in MoProjects.&lt;br /&gt;
&lt;br /&gt;
===643.2.9.2 Type of Project Cost Estimates===&lt;br /&gt;
Either Actual Cost or Lump Sum estimates may be used for estimating the costs on the necessary utility adjustments to allow highway construction. If an Actual Cost estimate is used, detailed records of materials, labor, and equipment are made by district utilities and/or construction staff during construction, and a final audit of the utility owner’s cost records is made to determine the Commission’s actual responsibility for costs of the adjustment completed to allow highway construction. If a Lump Sum estimate is used, a final audit of costs for an adjustment in payment is not required. The Actual Cost method requires more detailed record keeping and documentation by the utility owner and district staff during construction. The Lump Sum method requires more upfront detail and work by the utility owner and judgment on the district utilities staff on the acceptability of the cost. The district utilities staff will work with the utility owner’s representative to determine the best type of estimate and therefore agreement to use.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.2.1 Actual Cost Estimate====&lt;br /&gt;
The cost estimate that supports the actual cost agreement is prepared in sufficient detail to determine the reasonable expected cost of the work to support development of an agreement between the utility owner and the Commission. However, reimbursement is based on the actual costs of design and construction of the necessary adjustment to allow highway construction. The actual cost estimate should detail all costs of the necessary adjustment to allow highway construction, even if the Commission is only responsible for a portion of the costs as detailed in EPG [[#643.2.8.3_Shared_Responsibility|643.2.8.3 Shared Responsibility]].&lt;br /&gt;
&lt;br /&gt;
Actual cost estimates can be used for any dollar amount of reimbursement.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.2.2 Lump Sum Estimates====&lt;br /&gt;
The cost estimate that supports the lump sum agreement must be accurate, comprehensive, verifiable, and in sufficient detail to present a clear picture of the work involved and the cost of the individual items. The estimate may cover only that portion of the adjustment for which the Commission is responsible for the costs of the necessary utility adjustments to allow highway construction.&lt;br /&gt;
Lump sum estimates are limited to a maximum of $200,000 of Commission responsibility of costs of the necessary utility adjustments to allow highway construction; however, exceptions may be made for special situations that have prior approval from Design Division. These exceptions usually cover major relocations for which the Commission&#039;s proportionate responsibility is extremely small.&lt;br /&gt;
&lt;br /&gt;
===643.2.9.3 Utility Cost Estimate Requirements===&lt;br /&gt;
Whether using an Actual Cost or Lump Sum estimate, the following should be included in the estimate, if applicable. If any of the following sections are not included in the estimate, a qualifying statement as to why the costs were not included should be provided.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.1 Scope of Work====&lt;br /&gt;
All estimates require a concise summary of the work to be performed on the estimate. An example is &amp;quot;an estimate of cost covering the work of relocating Company&#039;s 12-inch Cushing-Woodriver pipeline to accommodate construction of Route 47 in Franklin County on Job No. J6P0172&amp;quot;.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.2 Engineering Costs====&lt;br /&gt;
Costs of engineering, whether preliminary or construction, must be shown as separate items and are not to be included with &amp;quot;labor costs&amp;quot;. Concurrent cost accounting procedures of FHWA and MoDOT make this a necessity. See [[#643.2.6_Preliminary_Engineering_Requirements|EPG 643.2.6 Preliminary Engineering]] and [[#643.2.16.2_Construction_Contract_Requirements|EPG 643.2.16.2 Construction Contract Requirements]] for further information.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.3 Right of Way Costs====&lt;br /&gt;
A detailed estimate of the cost to acquire replacement easements by the utility owner is required. The cost should be supported by a right of way plan.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.4 Material Costs====&lt;br /&gt;
Quantities, description of the item, the unit cost, and the extended totals are shown. Percentage computations will be shown immediately following &amp;quot;total cost&amp;quot; so the utility owner’s and Commission&#039;s cost obligations are properly indicated. Unit assembly costs similar to those used by several of the rural electric association (R.E.A.) cooperatives are acceptable, provided the same units and charges are used in the utility owner’s regular operations. A handling charge conforming with the utility owner’s regular procedures may also be included.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.5 Labor Costs====&lt;br /&gt;
Hours, individual or crew rates, and extended totals are shown. Payroll additives such as insurance, retirement, social security, vacation, and other benefits are shown as a separate item under this heading in accordance with utility owner’s regular procedures. Adequate explanation must be given for total percentage used, especially in those cases where materials and labor are combined as unit costs or where labor percentages include additives and equipment requirements.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.6 Equipment Costs====&lt;br /&gt;
A description of the equipment to be used must be shown jointly with the number of hours to be charged. Rates charged for equipment usage must be justified by the utility owner’s established accounting procedures. When the utility owner does not have an established accounting procedure or a capitalization and depreciation schedule that is used in its own operations, the rates are to be established by using rental rate publications as a guide. A reasonable amount will be deducted, when using rental rate schedules, for profit that the rental company realizes. A full explanation of the methods used in establishing the rates must also be submitted to support the utility owner’s request and with approval of the district utilities staff.&lt;br /&gt;
&lt;br /&gt;
Equipment may be rented when the utility owner’s equipment is not available or is inadequate, with the rental rate justified by appropriate solicitation of bids. See [[#643.2.16.2_Construction_Contract_Requirements|EPG 643.16.2 Construction Contract Requirements]] for further information.&lt;br /&gt;
&lt;br /&gt;
Unusual accounting procedures may be accepted with adequate prior explanations and approval of the Design Division.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.7 Removal Costs====&lt;br /&gt;
These costs are estimated and shown in a similar method but separately from installation costs. When removal costs exceed salvage credits by more than the estimated cost of removal by the roadway contractor, an effort should be made to persuade the utility owner to abandon the utility facilities in place. An exception is made when the utility owner is required to remove abandoned utility facilities because of liability, hazard, or by specific agreement with the Commission. Abandoned utility facilities can be included with the miscellaneous removals in the roadway contract. It may be possible for the utility owner to remove those portions of the utility facility for which credits will exceed removal costs, with the remainder of the utility facility to be abandoned for removal in the roadway contract. Materials removed must be itemized, with the utility owner’s customary salvage credit given. Items to be scrapped or junked should be indicated. Whenever a utility facility or portion thereof is shown to be abandoned on the plan of adjustment, the roadway plans should be notated accordingly. This eliminates ownership problems if these utility facilities are removed or salvaged by the roadway contractor.&lt;br /&gt;
&lt;br /&gt;
When the utility facility is no longer needed and removal is necessary to accommodate the roadway project, the removal of the item may be handled either as a right-of way-item or a utility adjustment. When handled as a right of way item, the damages allowed are to equal the depreciated value of the utility facility, with the necessary removals being accomplished by the roadway contractor. If accomplished as a utility adjustment, the Commission, by utility agreement, will reimburse the utility owner for removal costs and receive salvage credit for the material removed, up to but not exceeding removal costs.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.8 Salvage of Removed Materials====&lt;br /&gt;
This statement, to explain the salvage credit or lack of credit, will reflect routine utility owner policy as well as the particular situation. The utility owner will place a value on any recovered material for salvage. District utilities staff should check this value for reasonableness. Examples of salvage statements include:&lt;br /&gt;
* Existing utility facilities to be abandoned in place, since the cost of salvaging, based on our past experience, will exceed their value.&lt;br /&gt;
* Only those items will be salvaged for which salvage credit will exceed the cost of removal and salvage.&lt;br /&gt;
* Company liability requires removal of the retired utility facilities, even though the cost of removal will exceed allowable credit for salvage.&lt;br /&gt;
* Salvage credits are in accordance with established company accounting procedures.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.9 Accrued Depreciation Credits====&lt;br /&gt;
Credit is required for the accrued depreciation of a utility facility that is being replaced. Examples are a building, structure, pumping station, filtration plant, power plant, substation, or other similar operational unit. Credit for accrued depreciation will not be required for a segment of the utility&#039;s service, distribution, or transmission lines. It is also not required when the building or structure is being moved as necessitated by the highway project. Acceptable accrued depreciation credit will be determined by using the following formula:&lt;br /&gt;
&amp;lt;math&amp;gt;\frac{\text{Actual Length of Service of Replaced Facility (Years)}}{\text{Total Estimated Service Life of Replaced Facility (Years)}} x&amp;lt;/math&amp;gt;&amp;lt;span style=&amp;quot;font-family: &#039;Times New Roman&#039;, Times, serif; font-size: 130%;&amp;quot;&amp;gt; Original Cost ($) = Credit ($)&amp;lt;/span&amp;gt;&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.10 Betterment Credits====&lt;br /&gt;
Betterment means the upgrading of the utility facility being relocated, made solely for the benefit of and at the election of the utility owner and is not attributable to the roadway improvement. Credit to the Commission is required for the additional costs incurred for the betterments introduced in the adjusted utility facility. No betterment credit is required for additions or improvements which are:&lt;br /&gt;
* Required by the highway project&lt;br /&gt;
* Replacement devices or materials that are of equivalent standards although not identical&lt;br /&gt;
* Replacement of devices or materials no longer regularly manufactured with next highest grade or size&lt;br /&gt;
* Required by law under governmental and appropriate regulatory commission code&lt;br /&gt;
* Required by current design practices regularly followed by the utility owner in its own work, and there is a direct benefit to the highway project&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.11 Overhead Costs====&lt;br /&gt;
Overhead costs are usually a percentage of the total labor cost. This item must be in accordance with the utility owner’s established accounting procedures, which in some cases may include handling costs or be a percentage of the total cost of the work involved. Additional attention to overhead costs is required when the rate is different from previously accepted rates. Occasionally, it can be difficult to obtain the necessary information at the time of the estimate to approve the overhead rates. In this situation, the estimate can be approved with exception of the overhead rates for payment. The utility owner is informed of this matter with the understanding that the overhead rates could be approved and paid with submission of appropriate supporting data and Financial Services audit review.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.12 Prorating Costs====&lt;br /&gt;
The need for prorating utility adjustment costs occurs when both the Commission and the utility owner are responsible for a portion of the utility adjustment necessary to allow for highway construction, and the actual costs for reimbursement in each category cannot be explicitly determined. Generally, the following conditions require division of costs:&lt;br /&gt;
* The adjustment is considered partially reimbursable per [[#643.2.8.3_Shared_Responsibility|EPG 643.2.8.3 Shared Responsibility]]&lt;br /&gt;
* Betterments are included in the necessary adjustment of the utility facility&lt;br /&gt;
&lt;br /&gt;
The district utilities staff should negotiate with the utility owner’s representative to determine an equitable basis for the prorating of costs based on the characteristics of the utility adjustment necessary to allow for highway construction.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.13 Costs Records====&lt;br /&gt;
The estimate should include a statement as to where the utility owner’s cost records may be reviewed. An example: &amp;quot;Company cost records will be available in our office at 2134 Industrial Avenue, Tulsa, Oklahoma&amp;quot;.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.14 Other====&lt;br /&gt;
Additional statements will explain or further clarify the work that is included. Such other items may include bypasses, special equipment, need for larger utility facilities, etc.&lt;br /&gt;
&lt;br /&gt;
==643.2.10 Schedule==&lt;br /&gt;
Timely adjustments of utility facilities are essential for efficient completion of highway construction projects. Ideally, all utility adjustments are completed prior to a project’s Plans, Specifications, and Estimate (PS&amp;amp;E) submittal to Central Office. Depending on the specifics of the highway construction and utility adjustment necessary, early completion of the utility adjustment may not be practical. The district utilities staff should negotiate with the utility owner to determine the schedule parameters necessary for the utility adjustment. At a minimum, the utility owner should document the dates it anticipates starting and completing the work. If a utility adjustment depends upon the completion of a portion of the highway construction, the necessary milestone for starting the utility adjustment should be documented along with an anticipated number of working days to complete the utility adjustment. The schedule is included as Exhibit “C” to the agreement.&lt;br /&gt;
&lt;br /&gt;
==643.2.11 Pre-Audits==&lt;br /&gt;
The district utility staff performs a pre-audit review and approval prior to preparation of the agreement. A [https://epg.modot.org/forms/general_files/DE/PreAuditChecklist.docx pre-audit checklist] should be completed and saved in MoProjects.&lt;br /&gt;
&lt;br /&gt;
==643.2.12 Utility Agreements==&lt;br /&gt;
Whenever the Commission is responsible for the cost of the necessary adjustments to allow highway construction, an agreement is required. If a Master Reimbursable Utility Agreement (see [[#643.2.12.2_Master_Reimbursable_Utility_Agreements|EPG 643.2.12.2]]) has not been executed with the utility owner, a Project Specific Agreement (see [[#643.2.12.3_Project_Specific_Agreements|EPG 643.2.12.3]]) is executed between the utility owner and the Commission. In some cases, it may be more practical for the Commission to include adjustment of utilities into a Commission administered contract. A Utility Agreement - Actual Cost (For Utility Work That is to be Included in the Missouri Highways and Transportation Commission&#039;s Road Project) (see [[#643.2.12.4_Agreement_for_Utility_Work_Included_in_Roadway_Improvement_Project|EPG 643.2.12.4]]). Agreements include a plan of adjustment (Exhibit “A”), cost estimate (Exhibit “B”), and schedule (Exhibit “C”).&lt;br /&gt;
&lt;br /&gt;
The Utility Agreement boilerplate forms have been approved by the Chief Counsel’s Office (CCO). They are identified in the upper left-hand corner of each agreement by an identifier such as CCO Form: UT01 for the Master Reimbursable Utility Agreement. CCO updates these agreements as necessary. They serve as a guide in the preparation of the agreement to be executed with the utility owner for the adjustments required to their utility facilities to accommodate the proposed roadway improvement project. District utilities staff should use the latest version of the agreement found in [https://netprod3.dot.missouri/eAgreements/Search/QuickSearch eAgreements] in drafting an agreement with utility owners. A list of utility agreements and detailed information concerning the sequence for preparing and executing an agreement is available in EPG [[:Category:153_Agreements_and_Contracts|153 Agreements and Contracts]].&lt;br /&gt;
&lt;br /&gt;
These forms are to be used word for word. Revisions or additions are only made to address specific project details. The intent of each paragraph must be retained, although specific words may be revised to fit the particular situation. No paragraphs are deleted without prior approval from CCO. For guidance on acceptance of liability, refer to the [[:Category:153_Agreements_and_Contracts#153.1.1.2_Acceptance_of_Liability_Policy_(MoDOT_Access_Only)|Acceptance of Liability Policy]] at the CCO SharePoint page. Drafts of agreements having major revisions or complications are to be submitted, with supporting data, to Design Division for comment and approval.&lt;br /&gt;
&lt;br /&gt;
A reference to 23 CFR 645 is included in all agreements. Utility owners must be acquainted with these requirements and procedures. The incorporation of 23 CFR 645 by reference in all agreements eliminates the need for a second set of regulations to be included in the document.&lt;br /&gt;
&lt;br /&gt;
The agreement for the adjustment of a utility is prepared by the district utilities staff and submitted to the utility owner for execution. The agreement is based on the plan, estimate of cost which was prepared in accordance with 23 CFR 645, and schedule. Authorized individuals representing the utility owner will execute the agreement. The agreement must be signed, sealed, and if necessary, notarized by the utility owner. If the utility owner does not have or use a corporate seal, write &amp;quot;NO SEAL&amp;quot; under the signatures of the owner’s officers. Agreements with political subdivisions are to be supported by an appropriate ordinance, a copy of which is to be submitted with the executed agreements. All copies will be forwarded to the CCO for further handling. A fully executed copy of the agreement will be retained in eAgreements. If the agreement was executed using electronic signatures, the district utilities staff should forward an electronic copy of the fully executed agreement to the utility owner. If the agreement was executed using wet signatures, one (1) paper copy of the fully executed agreement will be returned by the Commission Secretary’s Office to the district utilities staff. The district utilities staff will forward this copy to the utility owner.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.1 Buy America Build America Requirements===&lt;br /&gt;
All agreements contain information on Buy America Build America (BABA) compliance. The utility owner should select the method of certification (See [[#643.2.19_Buy_America_Build_America_for_Utilities|EPG 643.2.19]]) at the time of agreement completion. The appropriate paragraph will be inserted into the agreement. All BABA compliance documents must be retained by the utility owner and made available upon request at no cost to the Commission and/or FHWA.&lt;br /&gt;
&lt;br /&gt;
====643.2.12.1.1 Utility Owner Self-Certification====&lt;br /&gt;
The City/Company certifies that when determining products/materials subject to Buy America Build America requirements to use in the performance of this Agreement, it shall use only such products/materials for which it has received a certification from its supplier, or provider of construction services that procures the product/material, certifying compliance with Buy America Build America requirements. This does not include products/materials for which waivers have been granted pursuant to 23 CFR 635.410. The City/Company will not be required to provide the Commission copies of the supplier certification as part of this Agreement or with the final invoice of said Commission’s Federal-Aid Highway Construction Project.&lt;br /&gt;
&lt;br /&gt;
====643.2.12.1.2 Vendor/Manufacturer Certification====&lt;br /&gt;
The City/Company certifies that when determining products/materials subject to Buy America Build America requirements to use in the performance of this Agreement, it shall use only such products/materials for which it has received a certification from its supplier, or provider of construction services that procures the product/material, certifying compliance with Buy America Build America requirements. This does not include products/materials for which waivers have been granted pursuant to 23 CFR 635.410. The City/Company shall provide to the Commission all Buy America compliance documents as outlined in the Commission’s Engineering Policy Guide 643. All required compliance documents shall accompany the final invoice submitted to the Commission.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.2 Master Reimbursable Utility Agreements===&lt;br /&gt;
The UT01: Master Reimbursable Utility Agreement (MRUA) is a statewide agreement that has been executed by the utility owner and the Commission for all future reimbursable utility adjustments between both parties. Once a MRUA is executed, no other utility agreements are required on design-bid-build projects. The district utilities staff should encourage utility owners to enter into a MRUA with the Commission to reduce potential future delays in executing a project specific agreement. A list of previously executed [https://modotgov.sharepoint.com/sites/DE/Utilities/Agreements/MRUA%20-%20Existing?csf=1&amp;amp;web=1&amp;amp;e=4LJHoa Master Reimbursable Utility Agreements (Modot Access Only)] is available. District utilities staff should add newly executed agreements to this list. The MRUA can be employed as either an actual cost ([[#643.2.12.3.1_Actual_Cost_Agreements|EPG 643.2.12.3.1]]) or lump sum ([[#643.2.12.3.2_Lump_Sum_Agreements|EPG 643.2.12.3.2]]) agreement. When the reimbursable adjustment will utilize a MRUA, the district utilities staff will prepare a MRUA correspondence letter (“letter agreement”) referencing the executed MRUA. A copy of the MRUA correspondence letter should be saved in MoProjects for reference by Financial Services, the district construction office, and the district staff responsible for inspection of utility adjustments. All project specific items such as type of agreement (actual cost or lump sum), plan of adjustment, estimated total cost, cost allocation, and schedule are addressed in the MRUA correspondence letter from the district utilities staff to the utility owner. A flowchart of the MRUA process is available.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.3 Project Specific Agreements===&lt;br /&gt;
If a utility owner does not have a MRUA with the Commission, a project specific agreement will be required for every project for which the Commission is responsible for the necessary adjustments to allow highway construction. The project specific agreement will be either an actual cost ([[#643.2.12.3.1_Actual_Cost_Agreements|EPG 643.2.12.3.1]]) or lump sum ([[#643.2.12.3.2_Lump_Sum_Agreements|EPG 643.2.12.3.2]]) agreement.&lt;br /&gt;
&lt;br /&gt;
====643.2.12.3.1 Actual Cost Agreements====&lt;br /&gt;
The UT03: Utility Agreement – Actual Cost is used when detailed estimates are not practical or costs appear to be questionable. Details on actual cost estimates can be found at [[#643.2.12.3.1_Actual_Cost_Agreements|EPG 643.2.9.2.1 Actual Cost Estimates]]. Once the final invoice on a UT03 is submitted to Financial Services, district utilities staff should change the status on the agreement in eAgreements to completed.&lt;br /&gt;
&lt;br /&gt;
====643.2.12.3.2 Lump Sum Agreements====&lt;br /&gt;
The UT02: Utility Agreement – Lump Sum eliminates the need for keeping detailed records of cost and the auditing of cost records. Estimates of cost must be prepared in detail for use of this agreement. When detailed estimates are not practical or costs appear unreasonable, actual cost agreements are to be used. Use of special forms of agreements, such as &amp;quot;subordination agreements&amp;quot;, which are desired by certain utility owners, is acceptable. These, too, must be revised to cover the particular situation. Details on lump sum estimates can be found at [[#643.2.9.2.2_Lump_Sum_Estimates|EPG 643.2.9.2.2 Lump Sum Estimates]]. Once the final invoice on a UT02 is submitted to Financial Services, district utilities staff should change the status on the agreement in eAgreements to “completed”.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.4 Agreement for Utility Work Included in Roadway Improvement Project===&lt;br /&gt;
The UT04: Utility Agreement - Actual Cost (For Utility Work That is to be Included in the Missouri Highways and Transportation Commission&#039;s Road Project) allows for the adjustment to be based on actual cost with the roadway contractor performing the utility work. Caution should be exercised in the type of utilities to be relocated in roadway contracts. Utilities recommended are waterlines and sewer lines. Other utilities, such as gas lines, communication lines, and power lines are to be studied thoroughly before being included in the project.&lt;br /&gt;
&lt;br /&gt;
The Transportation Project Manager and district utilities staff must plan ahead to get this work in the roadway contract. The utility owner must agree to include the utility adjustment in the roadway contract. The adjustment may be on highway right of way or on private easement in the name of the utility owner. The utility owner can agree to allow MoDOT’s contractor to work in its easement. However, district utilities staff in consultation with district right of way staff should review the easement documentation to verify the utility owner’s rights to the easement and any limitations on its use. MoDOT’s contractor can work and operate on both Commission right of way and on the utility easement, even when not directly connected to the Commission right of way, as part of the job site. Temporary construction easements may be necessary in addition to the utility easement to ensure adequate working room for the contractor.&lt;br /&gt;
&lt;br /&gt;
:The utility owner may request exemption to any liability for negligence of our contractor working on their easement. The Commission can assume that liability (refer to Acceptance of Liability Policy), but it should be included in the utility agreement if so desired by the utility owner. A Job Special Provision is necessary to require the MoDOT contractor to hold the utility harmless from all claims due to contractor negligence.&lt;br /&gt;
&lt;br /&gt;
Subsurface information, i.e. boring data, etc., should be obtained by the utility owner since it may be needed for the design of the utility adjustment. This information should be included in the plans. If the utility owner must bear all or part of the cost of the adjustment, the utility owner must agree to pay a pre-deposit to the Commission prior to opening bids on the project. This should be in the utility agreement. The pre-deposit will be credited to the &amp;quot;Missouri Highway and Transportation Commission - Local Fund.&amp;quot; Any interest earned in the fund will apply to the cost of the adjustments. The utility agreement will include language that the utility will inspect the installation and assume maintenance of the utility facility after construction. MoDOT will also provide engineering supervision to be sure the road contractor is in compliance with the contract. Utility plans and specifications are to be approved by the owner prior to submittal to the Central Office. The following items will provide minimum information to allow MoDOT’s contractor to bid the work.&lt;br /&gt;
# Individual bid items (not &amp;quot;lump sum&amp;quot;) should be established to promote better bidding and to handle overruns and underruns. Bid items not included on the Computer Stored Bid Item list should be &amp;quot;99&amp;quot; numbers.&lt;br /&gt;
# he bid package must be in our letting format. If the package was prepared by a consultant as if the utility owner were going to let it, all bid bond or bidding procedures must be screened to remove requirements contrary to MoDOT letting requirements. District utilities staff should work with the Transportation Project Manager, Design Liaison Engineer, and Central Office Bidding and Contract Services to ensure this requirement is met.&lt;br /&gt;
# The specifications required by the utility owner should be reviewed for items that could cause a bid problem for our contractor. Items such as non-readily available materials or sizes should be avoided.&lt;br /&gt;
# Utility plan sheets should be .pdf files equivalent to 22 in. x 34 in. It is helpful to have a quantity sheet specifically for utility items.&lt;br /&gt;
# Any special procedures required for the utility installation should be included in the Job Special Provisions.&lt;br /&gt;
# The utility package should be submitted on-time to Central Office with other project plans.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.5 Agreement for a Utility Only Project===&lt;br /&gt;
Any of the above agreements can be modified for a utility only project separate from the roadway project. The utility only project may be done by forces hired by the utility owner or by the Commission. A separate utility only project has distinct advantages when the following occurs:&lt;br /&gt;
* The utility work is extensive&lt;br /&gt;
* It must be performed in accordance with the utility owner’s seasonal requirements&lt;br /&gt;
* It extends beyond the limits of the construction project&lt;br /&gt;
* It must be performed considerably in advance of the roadway contract&lt;br /&gt;
&lt;br /&gt;
Necessary environmental and design work is still required for the limits of the separate utility only project. It may be necessary in these cases to have a second agreement with the utility owner to cover any other work that must be performed concurrently with the roadway contract. These latter agreements will use the roadway construction job number. Early need for utility projects is to be determined at the time when the STIP is updated each year. The utility construction funds will be shown in the year right of way funds are assigned. This will be done whenever possible to secure early adjustment of utility facilities. A request by the district is sent to the Planning Division. Estimated dollar amounts for utility adjustments are needed. These are estimates and do not need to be extremely accurate. When a special utility project is established, it is preferred, if at all possible, to include all the utility adjustments necessary for the entire roadway project. If funds are available, additional agreements can be added to this utility project until the final invoice for the first completed agreement is received for payment.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.6 Supplemental Agreements===&lt;br /&gt;
For utility owners with a UT01 agreement, a supplemental letter agreement documenting the change in the scope or cost of the work is acceptable.&lt;br /&gt;
&lt;br /&gt;
The UT05: First Supplemental Agreement is used to document changes to UT02 and UT03 agreements. If changes to the scope of work occur that are anticipated to exceed $100,000 or 15% of the original agreement, a UT05 is required. If the final invoice on an actual cost adjustment without changes in the scope of work exceeds the limits shown in the table below, a UT05 is required.&lt;br /&gt;
&lt;br /&gt;
{| class=&amp;quot;wikitable&amp;quot; style=&amp;quot;margin-left: 25px; text-align:center&amp;quot;&lt;br /&gt;
! Amount in Original Actual Agreement !! Final Bill Total Exceeds Original Amount by:&lt;br /&gt;
|-&lt;br /&gt;
| 0-$25,000 || 50%&lt;br /&gt;
|-&lt;br /&gt;
| $25,000-$100,000 || 40%&lt;br /&gt;
|-	&lt;br /&gt;
| Exceeds $100,000 || 30%&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
Should multiple UT05s be required with the same utility owner, the UT05 should be modified for additional supplemental agreements. Once the final invoice on an UT05 is submitted to Financial Services, district utilities staff should change the status on the agreement in eAgreements to “completed”.&lt;br /&gt;
&lt;br /&gt;
==643.2.13 Utility Adjustments in Roadway Plans and Job Special Provisions (JSPs)==&lt;br /&gt;
It is the responsibility of the MoDOT Transportation Project Manager (TPM) to ensure utility plans of adjustment are shown on the project plans at the Plan, Specification, and Estimate (PS&amp;amp;E) stage based upon information coordinated by the district utilities staff with the appropriate utility owner.&lt;br /&gt;
&lt;br /&gt;
===643.2.13.1 Plans===&lt;br /&gt;
A legend showing all applicable utility symbols and the names of the utility owners is shown on the first special utility sheet. In the absence of special utility sheets, this information may be shown on the title sheet or the first plan and profile sheet. The following note is required to be placed on the title sheet or the first plan and profile sheet and the first special utility sheet (if used) to inform contractors of the suitability of the utility information contained on the plans.&lt;br /&gt;
&lt;br /&gt;
&amp;quot;The existence and approximate location of utility facilities known to exist, as shown on the plans, are based on the best information available to the Commission at this time. This information is provided by the Commission &amp;quot;as-is&amp;quot; and the Commission expressly disclaims any representation or warranty as to the completeness, accuracy, or suitability of the information for any use. Reliance upon this information is done at the risk and peril of the user, and the Commission shall not be liable for any damages that may arise from any error in the information&amp;quot;.&lt;br /&gt;
&lt;br /&gt;
===643.2.13.2 Job Special Provisions===&lt;br /&gt;
Since the addition of utility information on the plans, supplied by a third party, could subject the Missouri Highway and Transportation Commission to additional liability, a Utility JSP reflecting the status of utility adjustments will be required. The JSP will include the name, address, e-mail address, and telephone number of all utility owner representatives for all utility facilities located on the project. The anticipated adjustment completion date for each utility adjustment is also to be shown based on the agreed upon dates, durations, or completion dates with the utility owner’s representative. This information will inform the bidder of the status of utilities for proper work coordination that could affect the bids for the proposed highway construction project. Status notations will include general notations such as: “N/A”, “Work is in progress”, “Work has not started”, “Work is complete”, and “Work is included in contract.”&lt;br /&gt;
&lt;br /&gt;
===643.2.13.3 PS&amp;amp;E Submittal===&lt;br /&gt;
In the District Final Plans Submittal Checklist (D-12), the TPM should note any issues related to existing utility facilities or the adjustment of utility facilities either shown or not shown on the plans. Projects with “No Utility Impacts” such as some overlays, striping, bridge washing, etc. do not need a Utility Status Letter or Utility JSP. The D-12 is used for these projects. In the D-12, under Project Details – “Utilities”, the note “NO” is selected and under “Status”, select “Clear”. For all other projects, the district utilities staff will write a Utility Status Letter. The TPM will include the Utility Status Letter with the submittal of the final plans to the Design Division. The Utility Status will be defined as:&lt;br /&gt;
# Utility facilities are present, but no conflict is anticipated with the highway construction project. Or,&lt;br /&gt;
# All utility facilities requiring adjustment to allow highway construction have been physically adjusted on the project. Or,&lt;br /&gt;
# Utility construction work is planned or active and will be completed to such a point that no impact will be expected to the highway construction project. The status of this work is defined in the utility JSP. Or,&lt;br /&gt;
# Utility facilities are not expected to be adjusted by the notice to proceed date for the road project, but the utility work will have no impact on the progress of the highway construction project. The status of this work is defined in the utility JSP. Or,&lt;br /&gt;
# Utility facilities must be adjusted after the road contractor completes stage construction or in coordination with the contractors’ work. Details of the coordination effort required of the contractor are defined in the utility JSP to properly advise bidders. Or,&lt;br /&gt;
&lt;br /&gt;
# Utility adjustment plans and specifications are included in the bid documents for the highway construction project. A UT04 agreement must be executed.&lt;br /&gt;
&lt;br /&gt;
==643.2.14 Payment to Utility Companies for Reimbursable Work==&lt;br /&gt;
Authorization and federal funding obligation must be approved prior to incurring costs. This applies to all types of work on utility facilities including preliminary engineering. An obligation is a commitment by the federal government to reimburse MoDOT for the federal share of a project’s eligible cost.&lt;br /&gt;
&lt;br /&gt;
===643.2.14.1 Obligation Process===&lt;br /&gt;
Federal funding can be used with both lump sum and actual cost agreements. After the utility agreement is fully executed, the district utilities staff will email a copy of the utility agreement or the letter agreement referencing the MRUA to the email group OBLIGATE. This email should request the authorization authority for use of federal funds and to be informed of a Notice to Proceed (NTP) (see EPG 643.2.15) date by Financial Services once federal funding has been obligated. District utilities staff should allow three (3) weeks to receive the NTP. Financial Services will use Advance Construction (AC) funding to fund reimbursement to utility owners. With AC funding, state funds initially are used to pay for reimbursement to utility owners. Once construction is complete, with appropriate documentation of the work via the C-9 and C-13, Financial Services will convert to federal funding.&lt;br /&gt;
&lt;br /&gt;
===643.2.14.2 Preliminary Engineering===&lt;br /&gt;
On occasion, preliminary engineering (PE) may need to be undertaken by the utility owner prior to the execution of a utility agreement. If a utility owner has a MRUA, an estimate of the cost of the PE work by the utility owner may be used to obligate funding for preliminary engineering under the MRUA as a PE only letter agreement. If a lump sum or actual cost agreement will be required with the utility owner for the project, district utilities staff should do two (2) agreements with one agreement covering PE only, and once a design for the adjustment is obtained, a second agreement for the construction of the adjustment should be executed. If a separate PE only agreement is obtained, NTP will need to be issued twice to the utility owner: once for PE and once for construction.&lt;br /&gt;
&lt;br /&gt;
===643.2.14.3 Right of Way===&lt;br /&gt;
Once Notice to Proceed has been given, the utility owner may begin the right of way acquisition process. If the utility owner needs to acquire right of way prior to a full agreement for relocation has been negotiated, the agreement specifically for the acquisition of right of way should be executed. This agreement will be sent to Financial Services to begin the obligation process.&lt;br /&gt;
&lt;br /&gt;
===643.2.14.4 Construction===&lt;br /&gt;
Payment to utility owners for construction of the adjustment may occur in a number of phases.&lt;br /&gt;
&lt;br /&gt;
====643.2.14.4.1 Prepayment====&lt;br /&gt;
Per the utility agreement, the Commission allows utility owners to be prepaid prior to commencing work. The district utilities staff may negotiate the prepayment if the utility owner is receptive. The utility owner will submit a request for prepayment with an invoice prior to any prepayment. Route, county, and job number must be included in the request. The district utilities staff will submit a request to Financial Services with a copy saved in MoProjects for future reference by the district staff responsible for inspection of the utility adjustment.&lt;br /&gt;
&lt;br /&gt;
====643.2.14.4.2 Progress Payments====&lt;br /&gt;
If a utility owner has not been prepaid the entire estimated amount in the utility agreement, then the utility owner may request progress payments after completing a portion of the proposed work, including PE.&lt;br /&gt;
&lt;br /&gt;
Progress payments for PE by consultants should not exceed the &amp;quot;maximum not to exceed amount&amp;quot; shown in the cost estimate unless additional costs are approved first by district utilities staff.&lt;br /&gt;
&lt;br /&gt;
For progress payments, the utility owner is required to submit only a summary of work and materials for which payment is claimed, not a detailed billing. District utilities staff should check only to be sure that sufficient work has been done to justify making the requested payment. Payment should be made for allowable costs incurred up to the date of the progress payment request.&lt;br /&gt;
&lt;br /&gt;
Progress payment invoices do not relieve the utility owner of the responsibility of submitting one complete and final invoice upon completion of the adjustment. The utility owner’s address must be shown on the invoice. The district utilities staff should submit progress payment invoices and applicable C-9s to Financial Services within one (1) week of receipt of invoice.&lt;br /&gt;
&lt;br /&gt;
One copy of the progress payment and one copy of the district utilities staff letter of recommendation must be sent to Financial Services for payment and be stored in MoProjects. The cover memo should include the project number, route, county, actual cost or lump sum utility agreement, Commission obligation percentage, total cost estimate of Commission obligation, and indicate the progress payment number, i.e., progress payment number 1, 2, 3, etc. If more than one progress payment is requested by the utility company, the district should submit progress payment bills to Financial Services in the following format:&lt;br /&gt;
{| class=&amp;quot;wikitable&amp;quot; style=&amp;quot;margin-left: 25px; text-align:center&amp;quot;&lt;br /&gt;
! Payment !! Amount&lt;br /&gt;
|-&lt;br /&gt;
| Progress Payment #1 || $50,000&lt;br /&gt;
|-&lt;br /&gt;
| Progress Payment #2 || 10,000&lt;br /&gt;
|-	&lt;br /&gt;
| Total Payment to Date || $60,000&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
This format will help clarify payment history with the utility owner. Progress payments for actual cost utility agreements may not exceed the Commission&#039;s total estimated cost shown in the agreement. However, if the request for a progress payment exceeds the original estimate, a change order with explanation should accompany the request. (See EPG 641.2.16.5 Change Orders.)&lt;br /&gt;
&lt;br /&gt;
====643.2.14.4.3 Final Payment====&lt;br /&gt;
Utility owners are required to submit a detailed final invoice to MoDOT for all actual cost reimbursable utility work and for any lump sum reimbursable utility work that was not prepaid. For prepaid lump agreements, the utility owner must submit a zero-dollar ($0) invoice to demonstrate the work has been completed. After the utility work has been fully completed, the district utilities staff responsible for inspection should send the utility owner a “60 Day” Final Acceptance Letter requesting a complete final invoice within 60 days, as detailed in the utility agreement. If the final invoice is not received from the utility owner within 30 days, then a follow up letter should be sent (i.e., “30 Day” Reminder Final Invoice Letter) reminding the utility owner of its obligation to submit a final invoice within 60 days of the completed work. If a final invoice from the utility owner is not received within this timeframe, then the district utilities staff should contact the Design Liaison Engineer for guidance on how to close out the work.&lt;br /&gt;
&lt;br /&gt;
The district utilities staff is expected to check the final bill within two (2) weeks after receipt in as much detail as possible against the C-9. It is their responsibility to verify from field records the quantities of labor, equipment, material used, material retired, and to justify all changes made. If the utility owner’s contractor made the adjustment at unit cost prices, then it is the district utility staff’s responsibility to verify the number of units completed and not the hours of labor and equipment. It is also important for the utility owner to show the words “final bill” or “final invoice” on the last bill, in order for MoDOT to understand that no additional charges will be made on the adjustment. The final bill must show a general description of the utility adjustment, the highway project number, the date on which work was completed or last item of billed expense was incurred, and the location where records can be audited. The order of items in the final statement should follow as closely as possible the order of items in the original estimate. A summary, on the utility owner’s letterhead, of the total cost of preliminary engineering, construction engineering, right of way, labor, overhead, construction travel expense, transportation, equipment, materials, supply, handling, and salvage credits should be shown in a way that will permit direct comparison with the approved estimate from the original or supplemental agreements (see EPG 643.2.12.6).&lt;br /&gt;
&lt;br /&gt;
If the Actual Cost final invoice shows a much higher cost than the original estimate without scope change, the utility owner is required to give reasons in a letter to the district utilities staff explaining why the invoice cost increased. When the Actual Cost final invoice exceeds the amount shown in the table in EPG 643.2.12.6, a supplemental agreement is required.&lt;br /&gt;
&lt;br /&gt;
When the district utilities staff has determined that the final invoice is accurate, the C-13 should be completed. Once the C-13 is completed, the C-13 and the final invoice from the utility owner are forward to Financial Services. For Actual Cost agreements, the C-9s should also be included in this transmittal. If no additional payments are required, the district utilities staff should note this in the transmittal as well. If the final invoice indicates previous payments to a utility owner exceeded the final invoice, the utility owner will need to send MoDOT a check for the overpayment amount. The check should be made payable to Director of Revenue – Credit State Road Fund. If the utility owner did not send MoDOT an overpayment check with the final invoice, district utilities staff should send a letter to the utility owner requesting the refund amount. Submittal of the final invoice to Financial Services should not occur until repayment has been received. The submittal to Financial Services should note the receipt of the repayment check.&lt;br /&gt;
&lt;br /&gt;
==643.2.15 Notice to Proceed==&lt;br /&gt;
For PE only, once an agreement has been executed, and Financial Services has advised that authorization from FHWA has been received, district utilities staff will issue a notice to proceed (NTP) letter to the utility owner for the PE. For agreements that include PE and construction or once a final agreement for construction has been executed, right of way clearance has been issued, and Financial Services has advised that authorization from FHWA has been received, the district utilities staff will issue NTP to the utility owner for construction. See Example of Notice to Proceed Letter. If salvage credit is part of the agreement with the utility owner, the NTP letter should include a statement that the utility owner will need to inform district utilities staff of the time and place that inspection may be made of the removed material. The utility owner may be held accountable for full value of materials disposed without proper notice. Utility owners may purchase materials prior to NTP for construction; however, no other work on the adjustment necessary to allow highway construction may begin prior to NTP for construction. The utility owner, for reasons of planning their workload or due to seasonal situations, may request early authorization to perform the work. This request, with the district utilities staff recommendations, is sent to the Design Liaison Engineer for further handling, approval, and advancement of the necessary funds. A copy of the NTP should be saved in MoProjects. If a utility owner begins adjustments prior to NTP for construction, district utilities staff should notify the utility owner immediately in writing that reimbursement will not be made for work done prior to NTP for construction.&lt;br /&gt;
&lt;br /&gt;
==643.2.16 Construction of Utility Adjustments==&lt;br /&gt;
===643.2.16.1 Utility Owner Self-Perform===&lt;br /&gt;
As per 23 CFR 645.115 Construction, it may be cost-effective for certain utility adjustments to be performed by a utility owner with its own internal forces and equipment, provided the utility owner is qualified to perform the work in a satisfactory manner. This cost-effectiveness finding covers minor work on the utility owner’s existing utility facilities routinely performed by the utility owner with its own forces.&lt;br /&gt;
&lt;br /&gt;
===643.2.16.2 Construction Contract Requirements===&lt;br /&gt;
When the utility owner is not adequately staffed and equipped to perform such work with its own forces and equipment at a time convenient to coordination with the associated highway construction, such work may be done one of four ways for utility adjustments:&lt;br /&gt;
# MoDOT can provide the construction services, via awarded contract to the lowest qualified bidder based on appropriate solicitation. This can be done by including the adjustment work in the roadway improvement project (EPG 643.2.12.4 Utility Agreement for Utility Work Included in Roadway Improvement Project) or by having a utility only project (EPG 643.2.12.5 Utility Only Project).&lt;br /&gt;
# The utility owner can award a construction contract to the lowest qualified bidder based on appropriate solicitation.&lt;br /&gt;
# The utility owner can utilize an existing continuing contract, provided the costs are reasonable (see EPG 643.2.9.1 Independent Cost Estimate).&lt;br /&gt;
# The utility owner can contract for low-cost incidental work, such as tree trimming and the like, without competitive bidding, provided the costs are reasonable (see EPG 643.2.9.1 Independent Cost Estimate).&lt;br /&gt;
&lt;br /&gt;
When a utility owner chooses option 2 to award its own new construction contract, the utility owner must provide the following documents and information to the district utilities staff. These documents need to be provided as soon as the utility owner has chosen to pursue a construction contract. Document 1 must be supplied by all utility owners. Documents 2 and 3 are only required when the utility owner is a local government agency who is also a political subdivision of the state of Missouri (e.g., city-owned utilities, county-owned utilities). All other utility owners are encouraged, but not required, to provide Documents 2 and 3.&lt;br /&gt;
# A statement that the utility owner is not staffed or able to perform the required construction activities with its own forces.&lt;br /&gt;
# A copy of the request for proposal used to secure bids.&lt;br /&gt;
# A list of a minimum of 3 bidders whom they believe can do the work. &#039;&#039;&#039;Political subdivisions are required to advertise for the work&#039;&#039;&#039;.&lt;br /&gt;
# Upon review of these documents, the district utilities staff will advise the utility owner to proceed with the solicitation of bids, but the utility owner will not be permitted to award the contract without the concurrence of district utilities staff. For lump sum agreements, approval of contract work and subcontract work is not required.&lt;br /&gt;
&lt;br /&gt;
The following documents need to be provided as soon as the utility owner has determined the lowest qualified contractor and would like to award the project. Document 1 must be supplied by all utility owners. Document 2 is only required when the utility owner is a local government agency who is also a political subdivision of the state of Missouri (e.g., city-owned utilities, county-owned utilities). All other utility owners are encouraged, but not required, to provide Document 2.&lt;br /&gt;
# The name address of the lowest qualified contractor.&lt;br /&gt;
# The tabulation of bids received and other information to support their recommendation for award to the lowest qualified bidder.&lt;br /&gt;
&lt;br /&gt;
The district utilities staff will review and approve the utility owner&#039;s bid information prior to the award of the contract. The Design Liaison Engineer is available to assist the district with review of bid information if necessary. Once the district utilities staff provides concurrence, the utility owner may proceed with awarding the contract. When the utility owner is a local government agency who is also a political subdivision of the state of Missouri (e.g., city-owned utilities, county-owned utilities), a copy of the executed contract must be shared with the district utilities staff. All other utility owners are encouraged, but not required, to provide a copy of the executed contract.&lt;br /&gt;
&lt;br /&gt;
A checklist is available for reviewing contracts to ensure the contract conforms to MoDOT policy and complies with applicable federal regulations.&lt;br /&gt;
&lt;br /&gt;
When a utility owner chooses to utilize a an existing continuing contract, the utility owner will submit a copy of the contract to the district utilities staff. The district utilities staff will review the contract for reasonableness of cost. If district utilities staff and the utility owner’s representative cannot agree on the reasonableness of cost, then the utility owner will be required to award a new construction contract.&lt;br /&gt;
&lt;br /&gt;
===643.2.16.3 Inspection===&lt;br /&gt;
The degree of inspection needed for utility adjustments will vary considerably with the nature and location of the work and whether the Commission is responsible for any portion of the cost of reimbursement. Judgment must be used regarding the manner and regularity of inspection duties. Some phases of the work require a very close check to ensure that the highway will not be adversely affected and to ensure satisfactory performance of work in accordance with the agreement and plans. The degree of inspection may vary from spot checking of overhead installations to continuous close observation of backfilling trenches beneath proposed pavement, embankment area, or adjacent to bridge abutments. Proper inspection can ensure that the utility adjustment is completed as efficiently as possible to minimize future impacts to the utility facility and the highway construction project. A [https://epg.modot.org/forms/general_files/DE/UtilityFieldInspectionChecklist.docx Field Inspection Checklist] to assist district utilities staff responsible for inspection is available.&lt;br /&gt;
&lt;br /&gt;
If it is found that any actual cost reimbursable utility adjustment is being performed by unapproved contractors, district utilities staff should direct the work to stop. The utility owner’s representative should be informed immediately and should be advised in writing that the costs incurred by an unapproved contractor are not eligible for reimbursement under provisions of the agreement. The district utilities staff can take appropriate steps to approve a subcontract and advise when the utility owner can recommence work.&lt;br /&gt;
&lt;br /&gt;
===643.2.16.4 Documentation===&lt;br /&gt;
All documents related to the construction of the utility adjustment necessary to allow highway construction should be stored in MoProjects.&lt;br /&gt;
&lt;br /&gt;
Construction records must be kept to confirm that work is done in accordance with the terms of the agreement and in the manner proposed in the plans. The importance of a complete and accurate record cannot be overemphasized. Detailed records are necessary to support the recommendation for payment of the final invoice. A complete, separate daily record must be kept on each actual cost adjustment and submitted for review when the final invoice is recommended for payment. This district utilities staff responsible for inspection should complete the Daily Utility Report (C-9).&lt;br /&gt;
&lt;br /&gt;
====643.2.16.4.1 Utility Reports====&lt;br /&gt;
The Daily Utility Report ([https://epg.modot.org/forms/general_files/DE/C-9.docx Form C-9]) and the Final Utility Report ([https://epg.modot.org/forms/general_files/DE/C-13.docx Form C-13]) are used for documenting utility adjustments necessary to allow highway construction. The use of C-9s and C-13s will vary with method of reimbursement. For utility adjustments necessary to allow highway construction that overlap with the highway contractor’s work, progress records should be kept as necessary to coordinate the highway and utility construction activities. Sufficient records must be maintained to check and verify the items of labor, equipment, materials, and salvaged items as submitted on the final invoice.&lt;br /&gt;
&lt;br /&gt;
=====643.2.16.4.1.1 Daily Utility Report (C-9)=====&lt;br /&gt;
C-9s are only required for actual cost agreements. The district utilities staff responsible for inspection must in all cases keep records to document inclement weather, down time, and verbal authorization for minor changes. The district utilities staff responsible for inspection must complete a C-9 documenting the number and classification of employees and number of hours worked. Records of material used and of retired materials returned to stock or scrapped must be kept. The utility owner’s major items of equipment must also be recorded. When work is done by the contract method based on unit prices, the district utilities staff responsible for inspection should ascertain that units of work as provided in the bid proposal are measured and recorded to form a basis for checking the final invoice. C-9s should list the location and the number of units of work accomplished for that period. If contract labor or equipment is used by a utility owner on the basis of a bid per hour, per day, etc., it will be necessary to keep records on this labor or equipment time in the same manner as if the utility owner were performing the work with its own internal forces. District utilities staff responsible for inspection should also note all contractors working for the utility owner and the contractor approval authorization dates given in the agreement.&lt;br /&gt;
&lt;br /&gt;
=====643.2.16.4.1.2 Final Utility Report (C-13)=====&lt;br /&gt;
C-13s summarize that the utility adjustment work that was done in accordance with the agreement and plans, the percentage of total cost that is the responsibility of the Commission, and any progress payments that have been made. A C-13 is required for both actual cost and lump sum agreements. The requested numbers shown on line 9 (Commission Estimated Cost) and line 10 (Amount of Final Bill) in the report are the Commission’s total responsibility.&lt;br /&gt;
&lt;br /&gt;
====643.2.16.4.2 Breakdown and Emergency====&lt;br /&gt;
When breakdown and emergency situations occur, prior approval by MoDOT is not required for contract or equipment rental work unless the cost or period of time will be extensive. The utility owner should furnish a letter as soon as possible to explain the situation and set out the estimated costs involved. The district utilities staff’s records should substantiate the need and the changes for personnel and equipment.&lt;br /&gt;
&lt;br /&gt;
====643.2.16.4.3 Stop Work====&lt;br /&gt;
If at any point, a stop work order is given by MoDOT to a utility owner, written documentation of the stop work order should be saved in MoProjects.&lt;br /&gt;
&lt;br /&gt;
===643.2.16.5 Change Orders===&lt;br /&gt;
Any change in the plan of adjustment should be documented in writing to the utility owner as a change order. If the change order is anticipated to exceed $100,000 or 15% of the original agreement amount, district utilities staff should negotiate a supplemental agreement with the utility owner’s representative. Once a supplemental agreement is in place, district utilities staff should contact Financial Services to obtain an adjustment of the obligation mid-project. Change orders without supplemental agreements will be settled once the project is complete.&lt;br /&gt;
&lt;br /&gt;
====643.2.16.5.1 Actual Cost Agreement====&lt;br /&gt;
Slight modifications in quantities or the addition of minor items not included with the original agreement do not require a supplemental agreement. However, such changes should be documented in writing with the utility owner. A supplemental agreement is needed if costs exceed the above threshold or if there is a change in the percentage of cost that is the Commission’s responsibility on an agreement with shared responsibility for costs. Intermediate partial payments cannot be made on items in a supplemental agreement until the supplemental agreement is approved.&lt;br /&gt;
&lt;br /&gt;
====643.2.16.5.2 Lump Sum Agreement====&lt;br /&gt;
A supplemental agreement to a Lump Sum Agreement is only required for significant changes in the scope of work of the utility adjustment necessary to allow highway construction. Normal overruns are not considered as changes in approved work and will not be reimbursed. Significant changes in the scope of work on utility adjustments necessary to allow highway construction cannot be done until the supplemental agreement is approved, and the adjustment in obligation of funds is complete.&lt;br /&gt;
&lt;br /&gt;
==643.2.17 Utilities during Highway Construction==&lt;br /&gt;
The contractor is responsible for having utilities located by contacting Missouri One-Call (811) prior to any excavation on the project. A reminder of this responsibility should be made at the preconstruction meeting.&lt;br /&gt;
&lt;br /&gt;
===643.2.17.1 Preconstruction Meeting (Pre-Con)===&lt;br /&gt;
District utilities staff should be invited to all pre-cons.&lt;br /&gt;
&lt;br /&gt;
Pre-cons fall into three categories relating to utilities:&lt;br /&gt;
# No utility adjustments are anticipated within the project limits,&lt;br /&gt;
# All utility adjustments completed prior to the pre-con, and&lt;br /&gt;
# All utility adjustments not completed prior to the pre-con.&lt;br /&gt;
&lt;br /&gt;
====643.2.17.1.1 No Utility Adjustments Anticipated within the Project Limits====&lt;br /&gt;
For projects without a Utility Job Special Provision (JSP), no involvement of the utility owners is required at the pre-con. For projects with a Utility JSP, the Resident Engineer (RE) should invite all utility owner representatives listed in the JSP with known required adjustment to the pre-con. The RE should review potential impacts of the highway construction project with the contractor and the utility owner.&lt;br /&gt;
&lt;br /&gt;
====643.2.17.1.2 All Utility Adjustments Completed Prior to the Pre-Con====&lt;br /&gt;
The RE should invite all utility owner representatives listed in the JSP with known required adjustment to the pre-con. The RE should review potential impacts of the highway construction project with the contractor and the utility owner. A general discussion should highlight the previous adjustments made by the utility owner and what abandoned utility facilities the contractor may encounter.&lt;br /&gt;
&lt;br /&gt;
====643.2.17.1.3 All Utility Adjustments Not Completed Prior to the Pre-Con====&lt;br /&gt;
It is important for the RE and inspector to understand the utility owner’s work schedule and how it relates to the contractor’s work schedule. During the pre-con, the schedule of the utility owner and highway construction contractor should be discussed, and conflicts should be addressed to allow utility adjustments and highway construction to progress as near to the proposed schedule as possible. On large-scale projects that have many utility issues to address that could impact the work of the highway construction contractor, it may be necessary to have a separate pre-con with utility owner representatives.&lt;br /&gt;
&lt;br /&gt;
===643.2.17.2 Coordination Meetings===&lt;br /&gt;
When the utility work will not be completed soon after the preconstruction meeting, the RE should meet with district utilities staff, the highway construction contractor, and the utility owner representatives on a regular basis to discuss utility coordination issues, so expectations from all parties are known and conveyed clearly. The utility owner may need some work performed by MoDOT or the highway construction contractor prior to completing their adjustments. (Examples include: survey staking of right of way or proposed facilities, trees cleared, grading performed, or new structures built).&lt;br /&gt;
&lt;br /&gt;
==643.2.18 Service Drops==&lt;br /&gt;
Power and communication services provided by utility owners are necessary for the operation of the highway system. These services may include power to traffic signals, lighting, or ITS devices; power for cathodic protection; or telecommunication services to signal controllers or ITS devices. The project design teams should work with district utilities staff to identify proper locations for the applicable utility owners to provide these services. Various utility owners have different requirements for this process. The district utilities staff is encouraged to develop a workable relationship with the utility owners who provide these services to MoDOT. The costs of installing the services charged by the utility owner are considered a non-contractual item and should be accounted for in the project’s budget in the STIP. The proposed location and method for the service drops should be shown on the roadway plans. District utilities staff should meet with the utility owner’s representative to ensure the proposed location can be accommodated by the utility owner. For electrical service connections, the power supply assembly is ideally located a maximum of ten feet (10’) from the source location. Plans submitted for PS&amp;amp;E should reflect the agreed upon location for all service connections. During construction, district utilities staff and district construction staff should work together to ensure the placement of the services is consistent with the project plans. Payment for the service drops should be invoiced by the utility owner to the district. District utilities staff is responsible for submission of the invoice directly to Financial Services for payment noting the non-contractual charges for the project.&lt;br /&gt;
&lt;br /&gt;
==643.2.19 Buy America Build America for Utilities==&lt;br /&gt;
FHWA’s Buy America Build America (BABA) policies require a domestic manufacturing process for all steel or iron products, other construction materials, and manufactured products that are permanently incorporated into Federal-Aid Highway construction projects, including products and materials used for adjustments to utility facilities to allow highway construction. These guidelines are for all federally reimbursable transportation projects where FHWA is the lead federal agency; it does not take precedence over projects where Federal Transit Administration or the Federal Railroad Administration is deemed the be the lead federal agency.&lt;br /&gt;
&lt;br /&gt;
===643.2.19.1 Program Requirements for Utilities===&lt;br /&gt;
All MoDOT projects are federal-aid projects, and therefore, all reimbursable utility adjustments are required to follow the provisions of BABA. More information on MoDOT’s BABA policy and procedures can be found in [[106.9_Buy_America_Requirement|EPG 106.9 Buy America Requirement]]. Specifically, utility owners should be aware of the following procedures for determining applicability of the EPG 106.9 requirements to reimbursable utility adjustments necessary to allow highway construction:&lt;br /&gt;
* BABA does not apply when materials are relocated from one location to another within the project limits.&lt;br /&gt;
* BABA does not apply for materials necessary for temporary utility adjustments assuming materials are removed from the right of way upon completion of the utility adjustment to allow highway construction.&lt;br /&gt;
* Non-reimbursable work must be kept separate from reimbursable work (agreements, permits, etc.) in order to not be subject to BABA.&lt;br /&gt;
&lt;br /&gt;
===643.2.19.2 Certification Requirements for Utilities===&lt;br /&gt;
Utility owners have the option of choosing either to self-certify BABA compliance or provide vendor/manufacturer certification to MoDOT. The method of certification is chosen by the utility owner and is documented in either the MRUA or the project specific agreement. Regardless of agreement type or certification method, the utility owner must be compliant with BABA requirements.&lt;br /&gt;
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====643.2.19.2.1 BABA Utility Owner Self-Certification====&lt;br /&gt;
If a utility owner chooses to self-certify BABA compliance, the utility owner is not required to provide MoDOT copies of the supplier certification as part of the project documentation or with the final invoice for any reimbursable utility adjustment necessary to allow highway construction. Retention of all documents should be as described in the agreement.&lt;br /&gt;
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====643.2.19.2.2 BABA Vendor/Manufacturer Certification====&lt;br /&gt;
If a utility owner chooses to use vendor/manufacturer certification, the utility owner will supply MoDOT BABA compliance from all vendors and/or manufacturers. Certification from vendors will be signed by an authorized representative of the vendor on company letterhead or other acceptable documentation and will declare that all supplied materials subject to BABA requirements are fully compliant. Certification from iron or steel manufacturers must be in the form of a mill test report (MTF) issued and signed by the initial fabricator stating the materials subject to BABA were melted and manufactured in the United States. Other written statements on company letter or other acceptable documentation signed by an authorized representative of the manufacturer for any additional treatment to the fabricated material (such as blasting, galvanizing, painting, or coating) will state that all treatment processes occurred in the United States according to FWA guidelines. Retention of all documents should be as described in the agreement. Manufacturer certification for manufactured products or construction materials will state that all materials were sourced from the United States and were fabricated in the United States. Retention of all documents should be as described in the agreement.&lt;br /&gt;
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&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643.3 Reserved for Future Use &#039;&#039;PAGE TITLE&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;&lt;br /&gt;
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&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643.4 Railroads (NO CHANGE) &#039;&#039;PAGE TITLE&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;&lt;br /&gt;
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==236.5.12 Excess Land Conveyances &amp;amp; Relinquishments - Utilities==&lt;br /&gt;
All conveyances and relinquishments of Commission-owned property shall be evaluated for the existence of any utility facilities located within the areas to be conveyed or relinquished. A conveyance or relinquishment of Commission-owned property may have implications to the utility facilities, and the utility owners, when the Commission no longer controls the property. It is important to maintain the continuity of utility facilities for the general public; therefore, to identify and minimize potential impacts, MoDOT shall involve utility owners in the conveyance and relinquishment processes.&lt;br /&gt;
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===236.5.12.1 Excess Land Conveyances Utilities===&lt;br /&gt;
MoDOT shall only recommend that a property be declared excess upon satisfactorily addressing the utility impacts. Whether MoDOT or an external party initiates the conveyance of excess property, utility impacts shall be adequately addressed by using one of the following methods: &lt;br /&gt;
:1. Each utility facility will be relocated by permit into a new utility corridor retained by the Commission.&lt;br /&gt;
:2. Each utility facility will remain in place with the benefit of a non-exclusive permanent utility easement.&lt;br /&gt;
::&#039;&#039;If the Commission holds fee simple title to the property, the Commission shall convey a non-exclusive permanent utility easement to each utility owner&#039;&#039;.&lt;br /&gt;
::&#039;&#039;If the Commission holds a less than fee simple title interest in the property, MoDOT shall facilitate the conveyance of a non-exclusive permanent utility easement from the party acquiring the property to each utility owner&#039;&#039;.&lt;br /&gt;
:3. Each utility facility will be relocated to another portion of the property being conveyed.&lt;br /&gt;
::&#039;&#039;If the Commission holds fee simple title to the property, the Commission shall convey a non-exclusive permanent utility easement to each utility owner&#039;&#039;. &lt;br /&gt;
::&#039;&#039;If the Commission holds a less than fee simple title interest in the property, MoDOT shall facilitate the conveyance of a non-exclusive permanent utility easement from the party acquiring the property to each utility owner&#039;&#039;.&lt;br /&gt;
:4. Each utility facility will be relocated onto a portion of the property already owned by the party acquiring the Commission-owned property, with the benefit of a non-exclusive permanent easement. (MoDOT shall facilitate the conveyance of a non-exclusive permanent utility easement from the party acquiring the property to each utility owner.)&lt;br /&gt;
:5. A three-party negotiated settlement taking into consideration the overall value of the proposed transaction.&lt;br /&gt;
:6. Additional options to address utility impacts may be utilized with approval from the Asst. to the State Design Engineer - Right of Way.&lt;br /&gt;
&lt;br /&gt;
===236.5.12.2 Road Relinquishment Utilities===&lt;br /&gt;
MoDOT shall only recommend the relinquishment of roadways through the [[236.14 Change in Route Status Report|Change in Route Status Report]] upon satisfactorily addressing the impacts to utility facilities. If the roadway will be relinquished to a local public transportation authority, with the intent that it continues to be used as a public roadway, a clause similar to the following shall be included in the deed from the Commission to the local public transportation authority:&lt;br /&gt;
:&#039;&#039;&amp;quot;Grantee, by acceptance of this conveyance, covenants and agrees for itself, its successors and assigns, to allow known or unknown utility facilities currently located on the property, whether of record or not, to remain on the property, and to grant the current and subsequent owners of those facilities the right to maintain, construct and reconstruct the facilities and their appurtenances over, under, and across the land herein conveyed, along with the right of ingress and egress across the land herein conveyed to and from those utilities.&amp;quot;&#039;&#039; &lt;br /&gt;
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Proposed roadway relinquishments to private entities shall be reviewed in a manner consistent with the conveyance of excess property described in [[236.5 Property Management#236.5.3 Asset Management Committee|EPG 236.5.3 Asset Management Committee]].&lt;/div&gt;</summary>
		<author><name>Hoskir</name></author>
	</entry>
	<entry>
		<id>https://epg.modot.org/index.php?title=User:Hoskir/Revision_Request_4225&amp;diff=58871</id>
		<title>User:Hoskir/Revision Request 4225</title>
		<link rel="alternate" type="text/html" href="https://epg.modot.org/index.php?title=User:Hoskir/Revision_Request_4225&amp;diff=58871"/>
		<updated>2026-06-22T15:57:49Z</updated>

		<summary type="html">&lt;p&gt;Hoskir: /* 643.2.9.3.6 Equipment Costs */&lt;/p&gt;
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&lt;div&gt;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643 Utility Procedures  &#039;&#039;CATEGORY&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt; &lt;br /&gt;
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| &#039;&#039;&#039;&amp;lt;center&amp;gt;&amp;lt;u&amp;gt;Additional Resources&amp;lt;/u&amp;gt;&amp;lt;/center&amp;gt;&#039;&#039;&#039;&lt;br /&gt;
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| ● [https://www.ecfr.gov/current/title-23/chapter-I/subchapter-G/part-64523 CFR 645]&lt;br /&gt;
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| ● [https://www.sos.mo.gov/cmsimages/adrules/csr/current/7csr/7c10-3.pdf7 CSR 10-30]&lt;br /&gt;
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&#039;&#039;&#039;Utility Accommodation Policy:&#039;&#039;&#039; State DOTs are required to develop policies and procedures pertaining to the use, accommodation, and/or relocation of public and private utility facilities on highway rights-of way using Federal-aid highway funds. State DOTs are required to develop, maintain, and obtain FHWA approval of their Utility Accommodation Policy (UAP) (23 CFR section 645.215). This EPG article 643 and subarticles 643.1 through 643.3 are Missouri Department of Transportation (MoDOT)’s Utility Accommodation Policy. Text in EPG 643 consolidates various federal and state statutes and rules into a single, cohesive, workable policy to outline processes for MoDOT staff and utility owners.&lt;br /&gt;
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&#039;&#039;&#039;Delegation of Work:&#039;&#039;&#039; Each MoDOT district is responsible for ensuring implementation of the UAP outlined in the subsequent EPG articles. Each district can create its own organization for whom is responsible for the work including between divisions and job titles. Work responsibilities within this article and subarticles are generic where possible. If a specific title is included, that title has sole responsibility for that item of work.&lt;br /&gt;
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&#039;&#039;&#039;643 documents not being used&#039;&#039;&#039;&lt;br /&gt;
[[media:144 Major Highway System 2022.pdf|major routes]]&lt;br /&gt;
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&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643.1 Utility Location  &#039;&#039;PAGE TITLE&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt; &lt;br /&gt;
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The information in this article provides a uniform system for regulating the location, construction, maintenance, removal, and relocation of utility facilities on the right of way of roadways located on the state highway system. It also provides for the facilitation of construction and maintenance of these roadways. Any location or relocation of utility facilities contrary to this information is an interference with the construction, maintenance, or operation of a state highway and its right of way and is prohibited.&lt;br /&gt;
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==643.1.1 Permits==&lt;br /&gt;
All utility owners are required to obtain a permit to work on Missouri Highway and Transportation Commission (Commission) right of way. A permit is required for original installation of the utility facility, on-going maintenance of the utility facility, or adjustments to a utility facility necessary to allow highway construction. Per [[127.29_Stormwater#127.29.4.3_MCM_3:_Illicit_Discharge_Detection_and_Elimination_(IDDE)_Program|EPG 127.29.4.3]], discharges of anything other than stormwater are not permitted. A deposit or bond is required to ensure completion of the work in accordance with the permit issued. An [https://www.modot.org/permits application for a permit] may be made on established forms specifically stating the nature of the work to be performed. Applications for permits may be obtained at any of the [https://www.modot.mo.gov/ seven (7) district highway offices] of the Commission, [https://www.modot.mo.gov/ MoDOT&#039;s website], or by requesting it from the office of the Missouri Highways and Transportation Commission in Jefferson City, Missouri. The application for a permit will specifically state the nature of the work to be performed, what specific type of utility facility is to be installed, and, if necessary, the timeframe of any temporary use. Piping of any type of sewage or waste will only be allowed providing any permitting by a regulatory agency, such as Missouri Department of Natural Resources, can be provided. Prior to obtaining a permit through MoDOT’s permit system, a utility owner will be required to provide a bond to ensure satisfactory work and complete a TR50 Electronic Signature Agreement with the Commission. The name of the utility owner must match on the bond, TR50, and in the permit system. More information on permitting can be found in [[:Category:941_Permits_and_Access_Requests|EPG 941]].&lt;br /&gt;
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===643.1.1.1 Emergency Work===&lt;br /&gt;
When emergency operations work is necessary, the damaged utility facility may be accessed immediately and without a permit by leaving the pavement at such points as may be necessary to effect emergency repairs, provided immediate notice is given to the Missouri State Highway Patrol and the district utilities staff for the district wherein the work will be performed, and a permit for emergency operations is requested immediately upon discovery of the need for emergency operations. A permit for emergency operations work is to be obtained as soon as practical, but in no event later than two (2) working days after the emergency operations work has commenced. Emergency operations include, but are not limited to, unplanned work in response to utility facilities being so damaged as to constitute an emergency situation directly affecting or endangering traffic on the highway or public health or safety.&lt;br /&gt;
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===643.1.1.2 Third-Party Inspection===&lt;br /&gt;
When a utility owner has a large number of projects in a given area or projects involving great complexity, MoDOT reserves the right to limit the number of permits open at any given time. With approval of the district utilities staff, a utility owner may hire a third-party inspector, at their cost. The third-party inspector will allow the utility owner to increase the number of permits open at any given time. The responsibility of the third-party inspector will be to ensure the installation of the utility facility proceeds in a manner consistent with the plans approved in the permit, including all work zone requirements and conformity with MoDOT’s Standards and Specifications. The MoDOT approved third-party inspector will be listed in the permit. MoDOT may audit third-party inspections and revoke the right to use third-party inspections should the inspectors fail to perform their duties.&lt;br /&gt;
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===643.1.1.3 Abandoned Utility Facilities===&lt;br /&gt;
All utility facilities installed in Commission right of way are the property of the utility owner whether the utility facility is active or inactive. MoDOT may allow a utility facility to remain on Commission right of way whether the utility facility was abandoned for a MoDOT project or at the utility owner’s discretion. MoDOT may place requirements (such as removing inactive fiber optic cables, grouting pipes, removing valves) on the utility owner as part of the process of abandoning a utility facility. Liability for damage to Commission right of way due to an abandoned facility remains the responsibility of the utility owner. In the event MoDOT requires the removal of the abandoned utility facility, responsibility for the cost of the removal will be determined per [[643.2_Local_Utility_Adjustments_-_Public_and_Private#643.2.8_Preliminary_Engineering_(PE)_Requirements|EPG 643.2.8]].&lt;br /&gt;
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==643.1.2 Definitions==&lt;br /&gt;
&#039;&#039;&#039;Bridge Attachment:&#039;&#039;&#039; A bridge attachment is any utility facility, including communication lines and electrical lines, or any other utility facility of a similar nature that is fastened to a bridge for the purpose of spanning an obstacle.&lt;br /&gt;
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&#039;&#039;&#039;Clear zone:&#039;&#039;&#039; The total roadside border area starting at the edge of the traveled way, available for safe use by errant vehicles. This area may consist of a shoulder, a recoverable slope, a non-recoverable slope, and/or the area at the toe of a non-recoverable slope available for safe use by an errant vehicle. Clear zone dimensions are provided in the current edition of American Association of State Highway Transportation Officials Roadside Design Guide.&lt;br /&gt;
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&#039;&#039;&#039;Ditch Line:&#039;&#039;&#039; A line where the roadway ditch meets the back slope. It is located at the lowest point of a V-bottom ditch or furthest point from the roadway of a flat bottom ditch where the roadway slopes back to the existing ground line.&lt;br /&gt;
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&#039;&#039;&#039;Duct:&#039;&#039;&#039; An enclosed tubular casing, or raceway, for protecting wires, lines, or cables that is often flexible or semi-rigid (1-3% diametric deflection). The casing, or raceway, is separate from the cable or conductor that passes through it.&lt;br /&gt;
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&#039;&#039;&#039;Encasement:&#039;&#039;&#039; The term encasement means the placing of an installation around and outside of an underground facility consisting of a larger conduit that permits the removal and replacement of the facility. An alternate to the conduit type encasement is reinforced concrete poured around the utility facility. Utility owners are allowed to use any types of material as a carrier and encasement for its facilities as expressly provided for in the permit issued for the installation of the utility facility.&lt;br /&gt;
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&#039;&#039;&#039;Freeway:&#039;&#039;&#039; A divided arterial highway with full control of access.&lt;br /&gt;
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&#039;&#039;&#039;Highway:&#039;&#039;&#039; Any public way for vehicular travel, including the entire area within the right of way and related facilities constructed or improved and maintained by the Missouri Highways and Transportation Commission (MHTC) acting through the Missouri Department of Transportation (MoDOT).&lt;br /&gt;
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&#039;&#039;&#039;Interchange Limits:&#039;&#039;&#039; For the uniform handling of utility installations only, the limits of an interchange are the outside ramp curve points. See [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_1_TypicalInterchangeLimits_AOD.pdf EPG Figure 643.1.1] for an example.&lt;br /&gt;
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&#039;&#039;&#039;Interstate System or Other Freeways/Expressways:&#039;&#039;&#039; Interstate highways and highways with fully controlled access.&lt;br /&gt;
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&#039;&#039;&#039;Major Routes (Interstates, Freeways/Expressways and Principal Arterials):&#039;&#039;&#039; The major highway system is all routes functionally classified as principal arterials. The principal arterial system provides for statewide or interstate movement of traffic. The major roads in Missouri total approximately 5,500 centerline miles.&lt;br /&gt;
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&#039;&#039;&#039;Minor Routes:&#039;&#039;&#039; The minor highway system is all routes functionally classified as minor arterials or collectors. These routes mainly serve local transportation needs. The minor roads in Missouri total approximately 28,400 centerline miles.&lt;br /&gt;
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&#039;&#039;&#039;Normal Right of Way Line:&#039;&#039;&#039; An imaginary line that connects sudden breaks in the major right of way points for roadways. Sight distance right of way points (triangles) at roadway intersections are not to be considered as sudden breaks for determining normal right of way.&lt;br /&gt;
[[File:fig_643.1.2-06_2026.jpg|none|700px|thumb|Figure 643.1.2 Normal Right of Way Line.]]&lt;br /&gt;
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&#039;&#039;&#039;Private Lines:&#039;&#039;&#039; Privately owned utility facilities which convey or transmit the commodities outlined in the definition of utility facility of this section but devoted exclusively to private use.&lt;br /&gt;
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&#039;&#039;&#039;Scenic Enhancement Areas:&#039;&#039;&#039; Scenic enhancement areas include areas acquired or so designated as scenic strips, overlooks, rest areas, recreation areas, and the right of way of adjacent roadways and the right of way of roadways that pass through public parks and historic sites as described under 23 USC 138.&lt;br /&gt;
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&#039;&#039;&#039;Utility Corridor:&#039;&#039;&#039; An area established for the placement of utility facilities parallel to the normal right of way line.&lt;br /&gt;
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&#039;&#039;&#039;Utility Facility:&#039;&#039;&#039; Privately, publicly, or cooperatively owned line, facility, or system for producing, transmitting, or distributing communications, cable television, power, electricity, light, heat, gas, oil, crude products, water, steam, waste, storm water not connected with highway drainage or any other similar commodity, including any fire or police signal system or street lighting system which directly or indirectly serves the public and does not include privately owned facilities devoted exclusively to private use. The term &amp;quot;utility facility&amp;quot; includes those facilities used solely by the utility owner that are a part of its operating plant.&lt;br /&gt;
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&#039;&#039;&#039;Utility Owner:&#039;&#039;&#039; The utility owner is the utility company, inclusive of any wholly owned or controlled subsidiary, or city or county which owns utility facilities. The term also includes those government agencies that lease a utility facility for its own use or otherwise dedicated solely to governmental use.&lt;br /&gt;
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&#039;&#039;&#039;Variance:&#039;&#039;&#039; A one- (1-) time deviation from the requirements for location or relocation of utility facilities on the right of way of highways in the state highway system as established in [https://www.sos.mo.gov/cmsimages/adrules/csr/current/7csr/7c10-3.pdf Title 7 Code of State Regulations 10-3], requested by the utility, and approved by a MoDOT District Design Engineer.&lt;br /&gt;
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==643.1.3 Location of Utility Facilities==&lt;br /&gt;
Utility facilities paralleling the roadway should be installed in the utility corridor except as outlined below. The utility corridor is the space for all utility owners generally within six feet (6’) of the normal right of way line. When considering if the current utility corridor is available to expand from six feet (6’) to as much as twelve feet (12’), MoDOT determines if the expansion is warranted. In making the determination, MoDOT will consider the existing utilization of the original six feet (6’) corridor. Poles must remain within two feet (2’) of the normal right of way line unless approved by a variance. The utility corridor will only be expanded beyond six feet (6’) if the original six feet (6’) corridor is fully utilized and additional space would be required to accommodate additional utility facilities. Acquisition of additional right of way to establish a twelve feet (12’) corridor is not required on highway construction projects. For depths for underground utility facilities, see [[#643.1.4.1_Minimum_Cover_for_Underground_Facilities|EPG 643.1.4.1]].&lt;br /&gt;
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Utility facilities crossing the roadway should be installed as close to ninety degrees (90°) to the centerline of the roadway as possible and based on the guidelines below depending on the type of roadway. See [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_3_TypicalUtilityCorridor-InterchangeatMajorRoute_AOD.pdf EPG Figure 643.1.3] and [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_4_TypicalUtilityCorridor-InterchangeatMinorRoute_AOD.pdf EPG Figure 643.1.4] for typical utility corridors around interchanges.&lt;br /&gt;
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===643.1.3.1 Interstate System or Other Major Freeways/Expressways===&lt;br /&gt;
The installation of all utility facilities on highways of the Interstate System or other major freeways/expressways with fully controlled access are to be installed, serviced, and maintained without entering or leaving the roadway and ramps except at points approved by MoDOT for that purpose and without parking any equipment or storing materials upon the medians, roadway and ramps, or shoulders of the roadways. Cutting or damaging the pavement or paved shoulders is not permitted. New service connections to existing parallel utility facilities are to be permitted only where an outer roadway exists and then only where access is permitted by the Commission. Careful consideration will be given to the location of guys, anchors, braces, and other supports. Generally, good design practice will provide that appurtenances be located at right of way jogs, along intersecting road right of way, or at other similar acceptable locations, so that encroachment is held to an absolute minimum.&lt;br /&gt;
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No utility facilities will be permitted within the interchange limits of an interchange between fully limited access highways where planned or existing. Utility facilities within the interchange limits of an interchange with a non-access controlled highway will be permitted only along the minor road, provided that all construction, service, and maintenance can be performed from the minor road. Manholes and poles must be located beyond the ramp termini.&lt;br /&gt;
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For structures carrying or over interstates or other major freeways/expressways, see [[#643.1.5_Bridge_Attachment_Policy|EPG 643.1.5]].&lt;br /&gt;
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====643.1.3.1.1 Utility Facilities Crossing the Interstate or Other Major Freeways/Expressways====&lt;br /&gt;
=====643.1.3.1.1.1 Overhead Crossings of the Interstate or Other Major Freeways/Expressways=====&lt;br /&gt;
Overhead crossings of utility facilities are permitted only for power transmission and distribution lines and for multiple circuit communication lines where an underground installation is not economically feasible. Supports for existing utility facilities crossing overhead may remain on the right of way provided they are near the right of way line regardless of the presence of an outer road. Supports for new overhead utility facilities crossing overhead may be located on the right of way near the right of way line where an outer roadway exists and are to be located off the right of way where no outer roadway exists. Overhead service crossings are only permitted in isolated cases for residential or commercial establishments when the denial of the crossing would require construction of more than 1,200 feet (1,200’) of utility line to provide the service. Main or distribution line crossings are required to serve a general area other than isolated cases.&lt;br /&gt;
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=====643.1.3.1.1.2 Underground Crossings of the Interstate or Other Major Freeways/Expressways=====&lt;br /&gt;
Underground crossings of utility facilities are to be continuously encased under the pavement, medians, ramps, and shoulders with the casing extending to the toe of the fill slopes or to the ditch line. In curbed sections, encasement should extend outside the outer curb of the roadways a distance equal to the depth of the encasement at the curb line. Where installed by open trench through unpaved areas, detector tape should be placed approximately one foot (1&#039;) above the encasement. Where an interstate or other major freeway has a parallel outer roadway, encasement should be continuous under all roadways within the right of way.&lt;br /&gt;
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Manholes or vent pipes are to be located at the right of way line or adjacent to the outer roadway.&lt;br /&gt;
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For fiber optic cable, encasement should extend from within six feet (6&#039;) of one right of way line to within six feet (6&#039;) of the other right of way line.&lt;br /&gt;
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Exceptions may be made for encasement as listed in [[#643.1.4.2_Exceptions_to_Encasement|EPG 643.1.4.2]].&lt;br /&gt;
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=====643.1.3.1.1.3 Parallel Installations along the Interstate or Other Major Freeways/Expressways=====&lt;br /&gt;
New parallel installations on the right of way may be permitted only where an outer roadway exists, provided that poles are within two feet (2&#039;) of the normal right of way line and underground utility facilities are within the utility corridor, and provided that the utility facility can be installed and maintained between the outer roadway and the right of way line. Existing overhead or underground utility facilities that parallel an existing roadway which will be incorporated into a completed highway as an outer roadway may remain in place if all maintenance and service can be performed from an outer roadway and the existing location does not interfere with construction, maintenance, or operation of the completed highway. If an existing parallel utility facility needs to be relocated so as to not interfere with the construction, maintenance, or operation of the completed interstate or other major freeway, poles may be located withing five feet (5’) of the right of way line.&lt;br /&gt;
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Underground utility facilities are expected to be buried within the utility corridor of sight distance triangles (SDTs) at roadway intersections unless granted a variance. Overhead utility facilities may be allowed to span intersecting roadways with SDTs provided the poles, or supports, are located outside the SDT.&lt;br /&gt;
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=====643.1.3.1.1.4 Sanitary Sewers within the Right of Way of Interstates or Other Major Freeways/Expressways=====&lt;br /&gt;
New installations of sanitary sewers should follow the applicable guidelines for either underground crossings or parallel installations as appropriate. Existing gravity trunk sanitary sewers should be considered individually and removed or left in place contingent upon its age, condition, feasibility of moving, and maintenance access. Encasement of existing trunk sewers left in place may be required for questionable condition, protection during construction, or heavy fills.&lt;br /&gt;
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Manholes should be relocated to the right of way lines or adjacent to an outer roadway.&lt;br /&gt;
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===643.1.3.2 Major Routes===&lt;br /&gt;
For structures carrying or over major routes, see [[#643.1.5_Bridge_Attachment_Policy|EPG 643.1.5]].&lt;br /&gt;
&lt;br /&gt;
====643.1.3.2.1 Major Routes with Partially Controlled Access Right of Way====&lt;br /&gt;
The installation of all utility facilities on highways with partially controlled access right of way are to be installed, serviced, and maintained without entering or leaving the roadway and ramps except at points approved by MoDOT for that purpose and without parking any equipment or storing materials upon the medians, roadway and ramps, or shoulders of the roadways. Cutting or damaging the pavement or paved shoulders is not permitted. Equipment or materials stored within the right of way must be protected by longitudinal barrier or be located outside the clear zone. New service connections to existing parallel utility facilities are to be permitted only where granted by the Commission.&lt;br /&gt;
&lt;br /&gt;
No utility facilities will be permitted within the interchange limits of an interchange between fully limited access highways where planned or existing. Utility facilities within the interchange limits of an interchange with a non-access controlled highway will be permitted only along the minor road, provided that all construction, service, and maintenance can be performed from the minor road. Manholes and poles must be located beyond the ramp termini.&lt;br /&gt;
&lt;br /&gt;
====643.1.3.2.2 Major Routes with Normal Access Right of Way====&lt;br /&gt;
All new utility facilities will be installed and maintained without cutting or damaging the pavement or paved shoulders except in the event underlying rock formations or other obstructions are encountered that prevent boring or pushing operations. A variance may be granted for pavement cuts when the need is established. Pavement cuts may only be made by permits issued when it is impractical to otherwise service and maintain the facility. The installation of all utility facilities is to be installed without parking any equipment or storing materials upon the medians, roadway and ramps, or shoulders of the roadways. Equipment or materials stored within the right of way must be protected by longitudinal barrier or be located outside the clear zone.&lt;br /&gt;
&lt;br /&gt;
====643.1.3.2.3 Utility Facilities Crossing Major Routes====&lt;br /&gt;
=====643.1.3.2.3.1 Overhead Crossings of Major Routes=====&lt;br /&gt;
Supports for utility facilities crossing overhead should be located as near the right of way line as possible. For major routes with controlled access right of way, new overhead service crossings may be permitted in isolated cases for residential or commercial establishments where the denial of such crossings would require the construction of more than 1,200 feet (1,200’) of utility line to provide the same service. For major routes with normal access right of way, there is no restriction on the placement of service crossings.&lt;br /&gt;
&lt;br /&gt;
=====643.1.3.2.3.2 Underground Crossings of Major Routes=====&lt;br /&gt;
Underground crossings of utility facilities are to be continuously encased under the pavement, medians, ramps, and shoulders with the casing extending to the toe of the fill slopes or to the ditch line. In curbed sections, encasement should extend outside the outer curb of the roadways a distance equal to the depth of the encasement at the curb line. Where installed by open trench through unpaved areas, detector tape should be placed approximately one foot (1&#039;) above the encasement. Where a major route has a parallel outer roadway, encasement should be continuous under all roadways within the right of way.&lt;br /&gt;
&lt;br /&gt;
Manholes or vent pipes are to be located at the right of way line or adjacent to the outer roadway.&lt;br /&gt;
&lt;br /&gt;
For fiber optic cable, encasement should extend from within six feet (6&#039;) of one right of way line to within six feet (6&#039;) of the other right of way line.&lt;br /&gt;
&lt;br /&gt;
Exceptions may be made for encasement as listed in [[#643.1.4.2_Exceptions_to_Encasement|EPG 643.1.4.2]].&lt;br /&gt;
&lt;br /&gt;
====643.1.3.2.4 Parallel Installations along Major Routes====&lt;br /&gt;
New parallel installations on the right of way may be permitted provided that poles are within two feet (2&#039;) of the normal right of way line and underground utility facilities are within the utility corridor. Existing overhead or underground utility facilities that parallel an existing roadway which will be incorporated into a completed highway may remain in place if all maintenance and service can be performed without entering or leaving the roadway except at approved access points; without parking equipment or storing materials on the median, pavement, ramps, or shoulders; and the existing location does not interfere with construction, maintenance, or operation of the completed highway. If an existing parallel utility facility needs to be relocated so as to not interfere with the construction, maintenance, or operation of the completed highway, poles may be located withing five feet (5’) of the right of way line.&lt;br /&gt;
&lt;br /&gt;
Existing steel pipe transmission and distribution facilities for gaseous petroleum products that parallel an existing roadway that will be incorporated into the completed roadway may be left in place subject to an agreement by the utility owner that maintenance or service and facility expansion will be performed without cutting or damaging the pavement or interfering with the construction, maintenance, and operation of the highway and provided that the facility is cathodically protected against corrosion and meets the applicable material requirements.&lt;br /&gt;
&lt;br /&gt;
Underground utility facilities are expected to be buried within the utility corridor of sight distance triangles (SDTs) at roadway intersections unless granted a variance. Overhead utility facilities may be allowed to span intersecting roadways with SDTs provided the poles, or supports, are located outside the SDT.&lt;br /&gt;
&lt;br /&gt;
====643.1.3.2.5 Sanitary Sewers within the Right of Way of Major Routes====&lt;br /&gt;
New installations of sanitary sewers should follow the applicable guidelines for either underground crossings or parallel installations as appropriate. An existing gravity trunk sanitary sewer should be considered individually and removed or left in place contingent upon its age, condition, feasibility of moving, and maintenance access. If an existing parallel gravity main is left in place within the limits of the paved surface, paved shoulder lines, or curb lines, stub mains as required will be laid between the sewer main and curb or shoulder lines for future service connections in each block. Manholes should be relocated outside the traveled roadway as near the right of way line as practical.&lt;br /&gt;
&lt;br /&gt;
===643.1.3.3 Minor Routes===&lt;br /&gt;
For structures carrying or over minor routes, see [[#643.1.5_Bridge_Attachment_Policy|EPG 643.1.5]].&lt;br /&gt;
&lt;br /&gt;
====643.1.3.3.1 Utility Facilities Crossing Minor Routes====&lt;br /&gt;
=====643.1.3.3.1.1 Overhead Crossings of Minor Routes=====&lt;br /&gt;
Existing overhead crossings that interfere with construction, maintenance, or operation should be relocated with their supports as near the right of way line as is practical. New overhead crossing installations should be located with their supports as near the right of way line as is practical.&lt;br /&gt;
&lt;br /&gt;
=====643.1.3.3.1.2 Underground Crossings of Minor Routes=====&lt;br /&gt;
All new utility facilities should be installed and maintained without cutting or damaging the pavement or paved shoulders. A variance may be granted for pavement cuts when servicing and maintaining the facility by any other methods is impractical. Pavement cuts may only be made by permits issued. Underground crossings of utility facilities are to be continuously encased under the pavement, medians, ramps, and shoulders with the casing extending to the toe of the fill slopes or to the ditch line. In curbed sections, encasement should extend outside the outer curb of the roadways a distance equal to the depth of the encasement at the curb line. Where installed by open trench through unpaved areas, detector tape should be placed approximately one foot (1&#039;) above the encasement.&lt;br /&gt;
&lt;br /&gt;
Manholes or vent pipes are to be located at the right of way line or adjacent to the outer roadway.&lt;br /&gt;
&lt;br /&gt;
For fiber optic cable, encasement should extend from within six feet (6&#039;) of one right of way line to within six feet (6&#039;) of the other right of way line.&lt;br /&gt;
&lt;br /&gt;
Exceptions may be made for encasement as listed in [[#643.1.4.2_Exceptions_to_Encasement|EPG 643.1.4.2]].&lt;br /&gt;
&lt;br /&gt;
====643.1.3.3.2 Parallel Installations along Minor Routes====&lt;br /&gt;
New parallel installations on the right of way may be permitted provided that poles are within two feet (2&#039;) of the normal right of way line and underground utility facilities are within the utility corridor. Existing overhead or underground utility facilities that parallel an existing roadway which will be incorporated into a completed highway may remain in place if all maintenance and service can be performed without entering or leaving the roadway except at approved access points; without parking equipment or storing materials on the median, pavement, ramps, or shoulders; and the existing location does not interfere with construction, maintenance, or operation of the completed highway. If an existing parallel utility facility needs to be relocated so as to not interfere with the construction, maintenance, or operation of the completed highway, poles may be located within five feet (5’) of the right of way line.&lt;br /&gt;
&lt;br /&gt;
Underground utility facilities are expected to be buried within the utility corridor of sight distance triangles (SDTs) at roadway intersections unless granted a variance. Overhead utility facilities may be allowed to span intersecting roadways with SDTs provided the poles, or supports, are located outside the SDT.&lt;br /&gt;
&lt;br /&gt;
====643.1.3.3.3 Sanitary Sewers within the Right of Way of Minor Routes====&lt;br /&gt;
New installations of sanitary sewers should follow the applicable guidelines for either underground crossings or parallel installations as appropriate. An existing gravity trunk sanitary sewer should be considered individually and removed or left in place contingent upon its age, condition, feasibility of moving, and maintenance access. If an existing parallel gravity main is left in place within the limits of the paved surface, paved shoulder lines, or curb lines, stub mains as required will be laid between the sewer main and curb or shoulder lines for future service connections in each block. Manholes should be relocated outside the traveled roadway.&lt;br /&gt;
&lt;br /&gt;
===643.1.3.4 Roundabouts===&lt;br /&gt;
Regardless of roadway type, it is desirable to avoid locating utility facilities and their access points within the circulatory roadway. If possible, utility facilities are located in the legs of the roundabout to allow for future maintenance and access at an isolated leg versus affecting the entire roundabout. See [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_5_TypicalLocationofUtilityFacilitiesnearRoundabouts_AOD.pdf EPG Figure 643.1.5] for an example.&lt;br /&gt;
&lt;br /&gt;
===643.1.3.5 Utility Facilities in Scenic Enhancement Areas===&lt;br /&gt;
All existing utility facilities within the limits of a scenic enhancement area requiring adjustment because of construction or reconstruction will be placed underground or relocated beyond the limits of the scenic enhancement area. No new above ground facilities will be permitted. New underground facilities will be permitted provided they do not extensively alter or impair the appearance of the area.&lt;br /&gt;
&lt;br /&gt;
==643.1.4 Installation of Utility Facilities==&lt;br /&gt;
The following sections provide information on the physical installation of utility facilities within highway right of way.&lt;br /&gt;
&lt;br /&gt;
===643.1.4.1 Minimum Cover for Underground Facilities===&lt;br /&gt;
The minimum cover for new underground utilities is:&lt;br /&gt;
* Forty-two inches (42”) for all water lines (parallel and crossings).&lt;br /&gt;
* Forty-two inches (42”) for fiber optic cable (crossings encased in rigid conduit).&lt;br /&gt;
* Seventy-two inches (72”) for fiber optic cable (crossings encased in polyethylene (PE) pipe).&lt;br /&gt;
* Thirty inches (30”) for direct burial and in trench fiber optic cable (parallel).&lt;br /&gt;
* Twenty-four inches (24”) for all other direct burial copper or coaxial cable, (parallel).&lt;br /&gt;
* Seventy-two inches (72”) for uncased polyethylene (PE) gas pipe crossings under ditches and roadways but thirty inches (30”) elsewhere.&lt;br /&gt;
* Thirty inches (30”) for all other (such as, but not limited to, gravity sewers, forced sewers, and electric) underground utilities (both parallel and crossing).&lt;br /&gt;
&lt;br /&gt;
===643.1.4.2 Exceptions to Encasement===&lt;br /&gt;
Exceptions may be made for encasement as follows:&lt;br /&gt;
* Non-fiber communication or electric cables installed in ducts.&lt;br /&gt;
* Welded steel pipelines carrying gaseous or liquid petroleum products - provided they are cathodically protected against corrosion, triple-coated in accordance with accepted pipeline construction standards, and meet applicable material requirements.&lt;br /&gt;
* Natural gas distribution pipe (nominal six-inch (6”) diameter maximum) of polyethylene (PE) plastic, traceable, installed by a horizontal bore method at a minimum depth of seventy-two inches (72”) under ditches and roadways, constructed in accordance with and meeting applicable material requirements.&lt;br /&gt;
* Gas service connections protected and constructed in accordance with and meeting applicable material requirements.&lt;br /&gt;
* Encasement is not required for new trunk sanitary sewer crossings of vitrified clay, reinforced concrete or cast iron except when installation procedures would produce voids in the roadbed, heavy fills, or installations under pressure.&lt;br /&gt;
&lt;br /&gt;
===643.1.4.3 Above Ground or Ground Level Appurtenances===&lt;br /&gt;
Appurtenances protruding more than four inches (4”) above the ground line should be located outside the clear zone. If no feasible alternative exists and if permitted by a variance, appurtenances may be allowed within the clear zone if they meet breakaway criteria or will be shielded by a traffic barrier. Good design practice will provide that appurtenances be located at right of way jogs, along intersecting road right of way, or at other similar acceptable locations, so that encroachment is held to an absolute minimum. Cables, wires, small diameter pipes, and other such utility appurtenances extending from the surface of the ground should be equipped with covers or guards to improve their visibility. Appurtenances within sidewalks or street level pedestrian access routes are to be in conformance with the Americans with Disabilities Act requirements.&lt;br /&gt;
&lt;br /&gt;
The maximum pull box width perpendicular to the right of way line within the utility corridor is thirty inches (30”).&lt;br /&gt;
&lt;br /&gt;
===643.1.4.4 Overhead Utility Facilities===&lt;br /&gt;
The vertical clearance of new or existing overhead installations will not be less than the current minimum requirements of the National Electric Safety Code, but in no case less than eighteen feet (18’) inclusive of sag above the groundline for electrical facilities. Clearance may be reduced for overhead installations of cable, telephone, or fiber optic facilities.&lt;br /&gt;
A minimum radial clearance of twenty-five feet (25’) is provided from any utility facility to the nearest part of any bridge structure. A minimum radial clearance of ten feet (10’) is provided from the nearest charged electrical line to a MoDOT signal, lighting, ITS, or overhead sign structure.&lt;br /&gt;
&lt;br /&gt;
===643.1.4.5 Approved Materials===&lt;br /&gt;
Utility owners are allowed to use any material for underground utility facilities including carrier and encasement provided they accept responsibility for any future repairs and/or replacement of damaged MoDOT facilities should a failure occur. This will allow the use of current technology and procedures to provide the best value to its subscribers and the taxpayers of Missouri. For materials that MoDOT also uses in its highway system, utility owners must provide materials that meet the current [https://www.modot.org/missouri-standard-specifications-highway-construction Missouri Standard Specifications for Highway Construction]. For materials not listed in the Missouri Standard Specifications for Highway Construction, the utility owner should provide documentation of the standards used to determine suitability of the material.&lt;br /&gt;
&lt;br /&gt;
===643.1.4.6 Cutting===&lt;br /&gt;
In the event permission is granted to cut an existing concrete or asphalt pavement or sidewalk, the appropriate provisions below should be followed.&lt;br /&gt;
&lt;br /&gt;
====643.1.4.6.1 Pavement====&lt;br /&gt;
All pavement cuts should be made with a saw to the full depth of the pavement. The width of the cut is typically determined by the width of the trench plus a minimum one foot (1’) on each side of the trench. In the event the distance to any adjacent longitudinal or transverse joint or crack is less than four feet (4’), the pavement must be removed to the joint or crack. Cuts for perpendicular service tie-ins should be a minimum of three feet (3’) wide. Longitudinal main installations are typically cut at a minimum of half the lane width, but in no instance should the cut be along the wheel path of the lane.&lt;br /&gt;
[[File:fig_643.1.6-06_2026.jpg|800px|none|thumb|Figure 643.1.6 Pavement Repair Dimension Requirements.]]&lt;br /&gt;
&lt;br /&gt;
The utility facilities should be placed in a location with the least impact to the roadway. Typically, this leads to placement in the shoulder when available followed by the two-way left turn lane (TWLTL), and then outside lanes before allowing placement in interior through lanes. Lane switching should be kept to a minimum and should not be used to minimize repair sizes. Cuts for mains or service leads that may not be perpendicular to the roadway should be squared-off.&lt;br /&gt;
&lt;br /&gt;
Replacement of cut pavement should be full depth concrete in accordance with the current version at the time of installation of Section 613.10 Full Depth Pavement Repairs of the Missouri Standard Specifications for Highway Construction and the Missouri Standard Plans for Highway Construction. If the area of the pavement repair is not to be fully resurfaced all joints including the overcut from the sawing operation should be filled with an expansive mortar, epoxy, polyester, or joint material as approved by the Engineer in accordance with Section 1057 of the Missouri Standard Specifications for Highway Construction.&lt;br /&gt;
&lt;br /&gt;
====643.1.4.6.2 Pedestrian Access Routes====&lt;br /&gt;
All cuts in the pedestrian access routes whether asphalt or concrete should be made by saw and be the full depth of the material. Entire slabs of concrete sidewalk should be removed. Repair of the pedestrian access route must meet Americans with Disability Act requirements, see [[:Category:642_Pedestrian_Facilities|EPG 642]]. Cuts through curb ramps or detectable warning areas are not permitted. Rather the entire curb ramp or detectable warning area must be removed and replaced. MoDOT district ADA contacts can help ensure ADA compliance of impacted pedestrian access routes.&lt;br /&gt;
&lt;br /&gt;
===643.1.4.7 Non-disturbance Areas===&lt;br /&gt;
MoDOT has certain areas of right of way where mowing, spraying, digging, or other vegetation disturbance activities are restricted. These areas have been established to mitigate the environmental impacts of a previous project and should be avoided. If the areas cannot be avoided, contact MoDOT’s Environmental Section.&lt;br /&gt;
&lt;br /&gt;
==643.1.5 Bridge Attachment Policy==&lt;br /&gt;
No utility facility will be permitted in or on a structure carrying an interstate or other freeway unless it is part of a federal requirement or for MoDOT’s use. When the structure carries any other road type and no other practical means exists for the crossing, wires (communication, electrical, fiber, or metal) will be permitted. Electrical lines must be located to cause minimum exposure to MoDOT maintenance personnel and the public. Pressurized pipelines for gas or other petroleum products and water and all sewer lines are prohibited on all structures due to the risks associated with their failure.&lt;br /&gt;
&lt;br /&gt;
===643.1.5.1 Agreement===&lt;br /&gt;
An agreement is required for all utility facilities attached to any structure. A charge will be made for the increased maintenance costs involved. This fee is set by the Bridge Division. When permitted, a 50-year occupational agreement is executed with the utility owner. Agreement BR04 Utility Attachment Agreement is used when an attachment is added to a bridge during its construction. Agreement BR09 Bridge Attachment Agreement is used when an attachment is added to an existing bridge.&lt;br /&gt;
&lt;br /&gt;
===643.1.5.2 Requests===&lt;br /&gt;
Requests to attach facilities to structures is a multi-step process. Bridge Division is responsible for approval of the bridge attachment. If at any point in the process, Bridge Division determines the attachment to be unacceptable, a reason is to be provided.&lt;br /&gt;
&lt;br /&gt;
To start, the utility owner submits a conceptual request to the district utilities staff. The conceptual request consists of an explanation of the proposal; a general location sketch (i.e., which side of the bridge); and details on the facility, length, and weight per foot when full. The district utilities staff should work with all relevant district personnel including the District Bridge Engineer in reviewing and recommending the attachment. The district utilities staff will submit the recommended details to the Bridge Division to determine the applicable costs including future maintenance costs and for attachments to new bridges, design and construction. Once the Bridge Division has determined the cost, the district utilities staff shares the cost with the utility owner for their concurrence with furthering the process. For new bridges, if the utility owner concurs with the costs, the district utility staff will prepare the BR04 Agreement for execution by the utility owner and the Commission. MoDOT will be responsible for the design and construction of attachments to new bridges. For existing bridges, the district utilities staff will forward the applicable as-built bridge plans to the utility owner for its use in designing the bridge attachment. The utility owner will provide detailed design drawings, signed and sealed by a professional engineer in the State of Missouri, to the district utilities staff for review. The district utilities staff should work with all relevant district personnel, including the District Bridge Engineer, in reviewing and recommending the details of the attachment to the Bridge Division. Once Bridge Division approves, the Bridge Division will prepare the BR09 Agreement for execution by the utility owner and the Commission. The utility owner is responsible for the construction of attachments to existing bridges. A flow chart, [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_7_BridgeAttachementProcess_AOD.pdf EPG Figure 643.1.7], of the process is available.&lt;br /&gt;
&lt;br /&gt;
Payment from the utility owner for the attachment will be sent to Financial Services by district utilities staff. For BR04 agreements, district utilities staff should discuss with Financial Services how to get the payment credited to the project constructing the attachment. For BR09 agreements, district utilities staff should copy Bridge Division on correspondence with Financial Serves. Checks should be made payable to Director of Revenue, Credit State Road Fund.&lt;br /&gt;
&lt;br /&gt;
For requests from government entities such as cities, counties, and other municipalities, the requested information should be submitted to Bridge Division as described above. However, the district utilities staff will take the lead in preparing the DE10 County Agreement or DE11 Municipal Agreement, as applicable, with input from Bridge Division and Bridge Maintenance. All fees are waived for government entities.&lt;br /&gt;
&lt;br /&gt;
===643.1.5.3 Considerations===&lt;br /&gt;
The following considerations are made in determining the acceptability of a bridge attachment. Unique situations will be discussed with the Bridge Division as required.&lt;br /&gt;
&lt;br /&gt;
====643.1.5.3.1 Bridge Asset Management Program====&lt;br /&gt;
Requests for bridge attachments should be reviewed for consistency with the district’s upcoming bridge asset management program needs. If a structure is due for rehabilitation or replacement in the near future, information should be provided to the utility owner indicating existing remaining life of the bridge. In some instances, it may be in MoDOT’s best interest to deny the request for attachment outright. In some instances, the utility owner may still choose to pursue the short-term attachment to the existing structure. In almost all cases, the utility owner is responsible for the cost of removing and/or relocating their utility facilities for a necessary repair, widening, improvement or reconstruction of the structure. Review existing agreements for cost responsibility for current attachments.&lt;br /&gt;
&lt;br /&gt;
====643.1.5.3.2 Aesthetics====&lt;br /&gt;
In reviewing a request for a bridge attachment, how the structure is viewed by the public will be considered. For example, is the structure over a scenic stream that is extensively used by canoeists, or does the structure span a road that may provide access to a park, campgrounds, or boat launching facilities? Is the structure a grade separation where the motoring public will see the attachment before they pass under it?&lt;br /&gt;
&lt;br /&gt;
====643.1.5.3.3 Method of Attachment====&lt;br /&gt;
In order to maintain structural integrity of any structures the following requirements will apply for attachments.&lt;br /&gt;
&lt;br /&gt;
=====643.1.5.3.3.1 Welding=====&lt;br /&gt;
Welding of hardware to structural steel members (i.e., flanges, webs, stiffeners, and diaphragms) whether in tension or compression is not permitted.&lt;br /&gt;
&lt;br /&gt;
=====643.1.5.3.3.2 Drilling=====&lt;br /&gt;
Drilling holes in any structural steel member is not permitted. Drilling holes for anchors into any prestressed concrete member is not permitted. Although permitted, drilling holes for anchors into the underside of bridge decks must be done with caution. It is recommended all anchors be installed to miss deck reinforcing steel. Generally, drilling into decks will not be allowed where sonotubes were used (voided slab bridges). The depth of the holes should be such that breaking out of the concrete on the top side of the deck does not occur.&lt;br /&gt;
&lt;br /&gt;
=====643.1.5.3.3.3 Corrosion=====&lt;br /&gt;
Attachment hardware will be new, properly coated to prevent corrosion or be of a non-corrosive material, and be designed to support the facility.&lt;br /&gt;
&lt;br /&gt;
====643.1.5.3.4 Location====&lt;br /&gt;
In general, attachments are made on the underneath side of the bridge deck. The condition of the bridge deck will dictate the location of the attachment supports. An exception may be attachments to trusses or other overhead structures.&lt;br /&gt;
&lt;br /&gt;
Attachments that may require manholes in bridge decks are not allowed.&lt;br /&gt;
&lt;br /&gt;
When attachments are required to structures over streams that may carry large drifts, they must be attached to the downstream side of the structure and above the lowest superstructure element. It is preferred to locate the attachment on the outside of the exterior girder. If aesthetics are a concern, a better appearance can be achieved by having the attachment made to the inside of the exterior girder and above the bottom of the lower flange to hide the conduit and the attaching hardware.&lt;br /&gt;
&lt;br /&gt;
Placement of utilities must not prevent the removal of old paint, the application of new paint on superstructure steel, or cause debris buildup, which could cause structural deterioration.&lt;br /&gt;
&lt;br /&gt;
====643.1.5.3.5 Construction and Maintenance====&lt;br /&gt;
If the attachment cannot be built while maintaining one (1) lane of traffic on the structure, it will not be allowed.&lt;br /&gt;
&lt;br /&gt;
Construction procedures that severely impact traffic may factor into the allowable location of the attachment on the structure.&lt;br /&gt;
&lt;br /&gt;
When scaffolding is to be attached or supported by bridge rails, bridge superstructure, or bridge substructure, the procedures for construction of the attachment must be reviewed.&lt;br /&gt;
&lt;br /&gt;
The utility owner or local entity will pay for, or be responsible for, the painting of the attachment, if necessary, when the bridge requires painting.&lt;br /&gt;
&lt;br /&gt;
==643.1.6 Private Lines==&lt;br /&gt;
Private lines are permitted to cross the right of way of a highway in the same manner as outlined for all utility facilities in above sections of this article. Parallel installations along the right of way of a highway are not permitted. Special conditions at a specific location that make adherence to this policy impractical will be submitted to the Chief Engineer for consideration of an acceptable alternative. In certain situations, it may be necessary to obtain approval from the Federal Highway Administration (FHWA) before approval to use the alternative can be given to the private utility owner.&lt;br /&gt;
&lt;br /&gt;
==643.1.7 Water and Sewer Separations==&lt;br /&gt;
The Missouri Department of Natural Resources (MoDNR) Safe Drinking Water Commission via 10 CSR 60-10 and Clean Water Commission via 10 CSR 20-8 govern the design of water and sewer lines in the vicinity of one another. Basic criteria are outlined below for information, and details are contained within the regulations. MoDOT is not responsible for providing or acquiring adequate right of way for utility owners to comply with MoDNR requirements.&lt;br /&gt;
&lt;br /&gt;
===643.1.7.1 Water and Sewer Separations===&lt;br /&gt;
====643.1.7.1.1 Horizontal====&lt;br /&gt;
Sanitary and storm sewers are to be laid at least ten feet (10’) horizontally measured from outside edge to outside edge from any existing or proposed water main. In cases where it is not practical to maintain ten feet (10’) of separation, installation of the water main closer to the sewer is acceptable where the water main is installed in a separate trench or on an undisturbed earth shelf located on one (1) side of the sewer at an elevation so the bottom of the water main is at least eighteen inches (18”) above the top of the sewer.&lt;br /&gt;
&lt;br /&gt;
===643.1.7.2 Crossings===&lt;br /&gt;
Water mains are to be laid to provide a minimum vertical distance of eighteen inches (18”) vertically measured outside edge to edge from sanitary or storm sewers. This is the case whether the water main is above or below the sewer. One (1) full length of water pipe must be located so both joints will be as far from the sanitary or storm sewer line as possible. Special structural support for the water main or sanitary or sewer main may be required.&lt;br /&gt;
&lt;br /&gt;
===643.1.7.3 Exception===&lt;br /&gt;
When it is impossible to obtain proper horizontal and vertical separation as stipulated, the sewer will be designed and constructed equal to water pipe and will be pressure-tested to assure it is watertight prior to backfilling.&lt;br /&gt;
&lt;br /&gt;
===643.1.7.4 Water Supply Interconnections===&lt;br /&gt;
No physical connection is permitted between a public or private potable water supply system and any sanitary or storm sewer or appurtenance that would permit the passage of any sewage or polluted water into the water supply. No water pipe is permitted to pass through or come in contact with any part of a sanitary sewer manhole.&lt;br /&gt;
&lt;br /&gt;
===643.1.7.5 Water Works Structures===&lt;br /&gt;
Sewers are not permitted to be installed within fifty feet (50’) in any direction from any existing or proposed public water supply well or other water supply sources or structures.&lt;br /&gt;
&lt;br /&gt;
==643.1.8 Variances==&lt;br /&gt;
Occasionally, it is impractical to locate a utility facility in accordance with requirements outlined in this article. MoDOT may consider a utility owner’s request for a variance from these requirements on a case-by-case basis. The utility owner should complete a [https://epg.modot.org/forms/general_files/DE/UtilityVarianceApprovalForm.docx Utility Variance Approval Form] to be submitted to MoDOT for consideration. Variances on the Interstate System require approval of the Federal Highway Administration (FHWA). A flow chart, [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_8_VarianceApprovalProcess.pdf EPG Figure 643.1.8], of the variance process is available.&lt;br /&gt;
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A variance will not be permitted just for the convenience of the utility owner. The utility owner requesting a variance must provide all necessary information to properly evaluate if a variance should be approved. For example, a utility owner requesting a variance because “the utility corridor is full” must explore all reasonable options. It is suggested that the requestor pothole the existing utility corridor to confirm the location of existing utility facilities and provide that data to support the need to locate outside of the utility corridor due to its congestion.&lt;br /&gt;
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===643.1.8.1 Variance Process===&lt;br /&gt;
Any utility owner of a public utility facility may apply for a variance. The process for requesting a variance is as follows:&lt;br /&gt;
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====643.1.8.1.1 Submittal Requirements====&lt;br /&gt;
Utility owners submit to the district utilities staff a written request for a variance using the [https://epg.modot.org/forms/general_files/DE/UtilityVarianceApprovalForm.docx Utility Variance Approval Form]. The utility owner must clearly show the provision(s) or guideline(s) for which the variance is being requested; the condition(s) which the utility owner believes warrant(s) the granting of a variance; a thorough explanation of the reason(s) for the requested variance, including sufficient and appropriate documentation of safety, aesthetic, or constructability constraints that would be adverse to the function, access, or maintenance of the utility facility and not in the best interest of the public.&lt;br /&gt;
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====643.1.8.1.2 MoDOT Consideration of Variance Request====&lt;br /&gt;
The utility owner bears full responsibility for demonstrating to MoDOT’s satisfaction that the variance is the most appropriate way to serve the public interest. MoDOT may present to the utility owner and the utility owner must consider reasonable alternatives to the variance requested by the utility owner. In determining whether to grant a variance, district utilities staff will consider all relevant factors including, but not limited to: the requested variance is reasonably necessary for the convenience, safety, health, and/or welfare of the public; there is an exceptional or undue burden or hardship on the specific applicant; a physical impracticability that would result from the applicant’s adherence to the normal location requirements; and the requested variance will not impair the safe construction, maintenance, operation, and safety of public travel on the highway. District utilities staff may consult with the Design Liaison Engineer in evaluating variances.&lt;br /&gt;
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====643.1.8.1.3 Approval of Variances====&lt;br /&gt;
Once district utilities staff have agreed to accept a variance proposed by the utility owner, the [https://epg.modot.org/forms/general_files/DE/UtilityVarianceApprovalForm.docx Utility Variance Approval Form] and all supporting documentation is sent to the District Design Engineer (DDE) for approval. If a variance is on interstate right of way, the DDE-signed Variance Request Form and all supporting documentation is forwarded to the Design Liaison Engineer who will forward to FHWA for their concurrence.&lt;br /&gt;
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====643.1.8.1.4 Variance Appeal Informal Hearing====&lt;br /&gt;
If denied a variance, the utility owner has thirty (30) calendar days to request an informal hearing for the purpose of appealing the denial. Requests must be made in writing to the State Design Engineer, Missouri Department of Transportation, P.O. Box 270, Jefferson City, MO 65102. If the utility owner requests an informal hearing, MoDOT’s authorized representative will advise the applicant of the time, date, and place of the hearing. The hearing is not a contested case under RSMo 536. The rules of evidence will not apply at the hearing, and MoDOT’s decision after the conduct of the hearing is not subject to further appeal.&lt;br /&gt;
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==643.1.9 Excess Right of Way==&lt;br /&gt;
Prior to conveyance of excess right of way, the status of utility facilities within said parcel must be addressed. See [[236.5_Property_Management#236.5.12_Excess_Land_Conveyances_&amp;amp;_Relinquishments_–_Regulated_Utilities|EPG 236.5.12]].&lt;br /&gt;
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==643.1.10 Broadband==&lt;br /&gt;
Broadband development in the state of Missouri is handled by the Department of Economic Development (DED). MoDOT shares its approved Statewide Transportation Improvement Program (STIP) project list with DED. All MoDOT policies related to placement of utility facilities within Commission right of way as outlined in this EPG article 643.1 are to be followed.&lt;br /&gt;
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&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643.2 Utilities in Program Delivery &#039;&#039;PAGE TITLE&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt; &lt;br /&gt;
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==643.2.1 Introduction==&lt;br /&gt;
Improvements to the highway system often require negotiation between the Commission and a city, a county, or a public or private utility owner. The Commission’s district utilities staff is responsible for coordination of highway improvement projects with the utility owner’s representative. The impact to a utility, the responsibility for the cost of adjustments necessary to allow highway construction, the plan of adjustment of the utility, the responsibility of performance of work on utility facilities, and the schedule of the utility adjustment are all items that vary depending on the project and should be investigated and negotiated to ensure highway improvement projects are delivered on-time and on-budget. These should comply with Commission policy. A flowchart [link here] outlining all the utility adjustment processes (reimbursable and non-reimbursable relocations, Master Reimbursable Utility Agreements and Project Specific Agreements, etc.) are available in the list of figures at the top of the page. These processes will not always be in combination, but each should be considered with each project.&lt;br /&gt;
&lt;br /&gt;
The district utilities staff, in conjunction with the Transportation Project Manager (TPM), is expected to invite and encourage participation of utility owner representatives in MoDOT project meetings as needed.&lt;br /&gt;
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When a project involves utility adjustments for which the Commission is responsible for costs, the TPM should program the costs of the utility adjustments as non-contractual construction costs in the STIP Information Management System (SIMS).&lt;br /&gt;
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==643.2.2 Annual Utility Meeting==&lt;br /&gt;
Each district should hold an annual meeting with utilities to discuss current STIP projects in the district. The annual meeting should be held during each year&#039;s STIP preparations, ideally between January and May. All utility owners that have utility facilities in the district should be invited. The intent is to provide the utility owners with an idea of upcoming projects to allow them the opportunity to plan and budget for potential adjustments of their utility facilities, identify both MoDOT and utility roadblocks, and develop action plans to complete utility adjustments better, faster, and cheaper.&lt;br /&gt;
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==643.2.3 Determination of Existing Utilities==&lt;br /&gt;
District utilities staff should determine the appropriate level of effort needed to accurately identify existing utilities within the footprint of a proposed highway construction project. Aboveground utilities are easily identifiable via field checks; however, determination of the precise location of underground utilities can be more challenging and time consuming. Therefore, the district utilities staff should balance the risk of conflict with the highway construction project against the level of effort needed to determine the location.&lt;br /&gt;
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The level of effort on mapping utilities is dependent on the scope of the project and the potential for utilities having an impact on the construction of the project. The project schedule should include the time to complete this task accurately. The time and effort necessary for having accurate locates requires close interaction with the utility locators. Early contact with utility owner representatives may be necessary to accurately locate underground utility facilities.&lt;br /&gt;
&lt;br /&gt;
Various methods of determining existing underground utilities result in different levels of quality. ASCE Standard 38 Standard Guidance for Investigating and Documenting Existing Utilities classifies four levels of quality:&lt;br /&gt;
:1. Quality Level D: QL-D is the most basic level of information for utility locations. It comes solely from existing utility records or verbal recollections, both typically unreliable sources. It may provide an overall &amp;quot;feel&amp;quot; for the congestion of utilities but is often highly limited in terms of comprehensiveness and accuracy. QL-D is useful primarily for project planning and route selection activities.&amp;lt;br&amp;gt;&lt;br /&gt;
: Missouri 811 or “private-locate” markings are to be considered to be QL-D.&lt;br /&gt;
:2. Quality Level C: QL-C is probably the most used level of information. It involves surveying visible utility facilities (e.g., manholes, valve boxes, etc.) and correlating this information with existing utility records (QL-D information). When using this information, it is not unusual to find that many underground utilities have been either omitted or erroneously plotted. Therefore, its usefulness is primarily on rural projects where utilities are not prevalent or are not too expensive to repair or relocate.&lt;br /&gt;
:3. Quality Level B: QL-B involves the application of appropriate surface geophysical methods to determine the existence and horizontal position of virtually all utilities within the project limits. This activity is called &amp;quot;designating&amp;quot;. The information obtained in this manner is surveyed to project control. It addresses problems caused by inaccurate utility records, abandoned or unrecorded utility facilities, and lost references. The proper selection and application of surface geophysical techniques for achieving QL-B data is critical. Information provided by QL-B can enable the accomplishment of preliminary engineering goals. Decisions regarding location of storm drainage systems, footers, foundations, and other design features can be made to avoid conflicts with existing utilities. Slight adjustments in design can produce substantial cost savings by eliminating utility relocations.&lt;br /&gt;
:4. Quality Level A: QL-A, also known as &amp;quot;locating or potholing&amp;quot;, is the highest level of accuracy presently available and involves the full use of the subsurface utility engineering services. It provides information for the precise plan and profile mapping of underground utilities through the nondestructive exposure of underground utilities, and provides the type, size, condition, material, and other characteristics of underground features.&lt;br /&gt;
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For projects with scopes that have potential for utility conflicts, the minimum level of effort required is SUE Quality Level D. Locations of existing utilities are determined by requesting locates through Missouri 811, also known as the “One-Call” process. Missouri 811 locating requests should be carefully considered for the scope of work of the project. When necessary, the location of existing utilities should be established by a field survey of locate markings and features and shown on the roadway plans. Higher level SUE Quality Levels can be used on any project. Adjustment cost savings, whether to the MoDOT or to the utility owner, are beneficial to the taxpayer. Good SUE projects are typically urban in nature, or in congested areas, where the project footprint is to be minimized, or anytime accurate vertical and horizontal location of the utility facility might allow a design to avoid the utility facility thus preventing the need for the adjustment. The SUE process combines civil engineering, surveying, and geophysics. It utilizes several technologies, including vacuum excavation and surface geophysics.&lt;br /&gt;
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When proposed excavation or installation of subsurface features (drainage, equipment bases, etc.) falls within three feet (3’) of a marked Missouri 811 line, soft digging (hand digging, potholing, vacuum methods, pressurized air/water jetting, pneumatic hand tools, etc.) is required to more exactly locate the utility facility both horizontally and vertically. Utility facilities present within the right of way by permit, should be investigated by the utility owner. Utility facilities that would be reimbursable or partially reimbursable as defined in EP 643.2.8 will be investigated by MoDOT.&lt;br /&gt;
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==643.2.4 Conflict Determination==&lt;br /&gt;
Determination of whether a conflict exists between an existing utility facility and a proposed highway improvement project should occur at the earliest possible stage of project development. A conflict may be the result of the physical interaction between the roadway infrastructure and utility facility, a reduction in cover or increase in fill over underground utilities, a reduction in horizontal clearance whether above or below ground, a reduction in overhead vertical clearance, paving over utilities, or restricting a utility owner’s access to its utility facilities. District utilities staff should work with utilities to determine if a conflict exists and the appropriate plan of adjustment to remedy the conflict. The adjustment to the utility may be a relocation or another measure that protects the utility or access to the utility from the proposed highway improvement project. Determination of a conflict needs to be continually re-evaluated as the project design progresses. Continuing coordination is essential.&lt;br /&gt;
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==643.2.5 Utility Plan of Adjustment==&lt;br /&gt;
===643.2.5.1 Request for Plan of Adjustment===&lt;br /&gt;
District utilities staff will request a plan of adjustment from utility owners whose utility facilities are in conflict with a proposed highway project. The plan of adjustment may consist of efforts to relocate the utility or otherwise protect a utility from the impacts of the proposed highway project. Utilities are shown on the roadway plan and profiles sheets that are furnished to utility owners for use in planning required utility adjustments. Any other sheets such as drainage, traffic signal, lighting, or ITS plans that show impacts to a utility facility should also be provided to the utility owners. All adjustments, reimbursable or not, require a plan of adjustment furnished by the utility owner.&lt;br /&gt;
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A transmittal letter is included in the request for a plan of adjustment. The letter informs the utility owner that regardless of whether an adjustment is reimbursable, no physical adjusting or relocating of their utility facilities to accommodate the proposed highway improvement is to be performed without specific approval and authorization. Additionally, if any part of the adjustment has the potential to be reimbursable, they are advised:&lt;br /&gt;
# They may undertake preliminary engineering by their own forces upon approval by district utilities staff of the estimated costs of preliminary engineering.&lt;br /&gt;
# They may employ a consultant to do the PE work provided they request and obtain prior approval. See [[#643.2.6_Preliminary_Engineering_Requirements|EPG 643.2.6 Preliminary Engineering Requirements]].&lt;br /&gt;
# Any preliminary engineering costs accrued prior to the date of written authorization to proceed will not qualify for reimbursement.&lt;br /&gt;
# Replacement right of way or easements cannot be purchased without specific approval and authorization.&lt;br /&gt;
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===643.2.5.2 Proposed Plan of Adjustment===&lt;br /&gt;
Developing a plan of adjustment is a multi-step process. The utility owner will propose a conceptual approach to adjusting the utility facilities to allow highway construction. This conceptual approach is used as the basis for determining cost responsibility, estimate of costs for preliminary engineering and construction, developing the agreement if necessary, and final design of the adjustment. Negotiations between district utility staff and the utility owner’s representative can result in changes to the design throughout the process.&lt;br /&gt;
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Final plans of adjustment must contain a legend on the first sheet identifying the utility symbols used. They must also show the existing utility facilities and their disposition, the location of the new or adjusted utility facilities, the existing and new right of way lines, the limited or fully controlled access symbols (where applicable), the existing and proposed roadways, ramps, and outer roadways and any other pertinent roadway information. They must contain sufficient details concerning location, elevation, compaction, clean up, etc. to provide for the proper adjustment of the utility facility. Relocated and/or existing utility facilities that will remain in place must be dimensioned or indicated in a manner to show their location in respect to the right of way lines. It is preferred that the utility owner transmits the plan of adjustment by electronic deliverables in a format that can be incorporated into the roadway plans. This will reduce the time and effort necessary as well as increase the accuracy of transferring this information into the roadway plans.&lt;br /&gt;
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Plans of adjustment received from the utility owner are to be checked for compliance with MoDOT’s requirements ([[#643.1_Utilities_Location|EPG 643.1 Utility Location]]) by the district utilities staff. They are also checked to ensure compatibility with the roadway design. Any continuing conflicts are resolved through negotiations with the utility owner.&lt;br /&gt;
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Occasionally, it is impractical to perform a utility adjustment in accordance with MoDOT’s requirements. Sometimes the utility may request approval of a plan of adjustment that does not conform to these requirements. Deviation from MoDOT’s utility requirements is a variance. Refer to [[#643.1.8_Variances|643.1.8 Variance Process]] for additional guidance.&lt;br /&gt;
The final plan of adjustment is included as Exhibit “A” to the agreement ([[#643.2.12_Utility_Agreements|EPG 643.2.12 Agreements]]).&lt;br /&gt;
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==643.2.6 Preliminary Engineering Requirements==&lt;br /&gt;
Preliminary engineering (PE) can be performed one of four ways for utility adjustments:&lt;br /&gt;
# The utility owner can use its own engineering forces.&lt;br /&gt;
# MoDOT can select an engineering consultant, after consultation with the utility owner, and the consultant contract will be administered by MoDOT.&lt;br /&gt;
# The utility owner can select an engineering consultant, with approval by MoDOT, and the consultant contract will be administered by the utility owner.&lt;br /&gt;
# If a utility adjustment is being included in a MoDOT administered construction contract, the preliminary engineering of the adjustment can be provided by MoDOT.&lt;br /&gt;
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For reimbursable utility adjustments, the amount paid to engineers, architects, and others for required engineering and allied services can be included in reimbursement amount provided such amounts are not based on a percentage of the costs of the necessary adjustments to allow highway construction. Reimbursement is available for contracts executed after solicitation of a consultant for the specific adjustment or existing continuing contracts when it is demonstrated that such work is performed regularly for the utility owner in its own work and that the costs are reasonable.&lt;br /&gt;
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A [https://epg.modot.org/forms/general_files/DE/UtilityConsultantContractChecklist.docx checklist is available for reviewing consultant-engineering contracts] to ensure the contract conforms to MoDOT policy and complies with applicable federal regulations. District utilities staff should use the checklist to review contracts and may consult with Audits and Investigations Division as necessary. The procedures in 23 CFR part 172, Administration of Engineering and Design Related Service Contracts may be used as a guide for reviewing proposed consultant contracts. [[:LPA:136.4_Consultant_Selection_and_Consultant_Contract_Management|EPG 136.4 Consultant Selection and Consultant Contract Management]] may also be used as a guide.&lt;br /&gt;
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===643.2.6.1 Solicited Consultant Contracts===&lt;br /&gt;
If solicitation of PE services is required for reimbursable utility adjustments, the utility owner must provide the following documents and information to district utilities staff. These documents need to be provided as soon as the utility owner has chosen to solicit a consultant. Document 1 must be supplied by all utility owners. Documents 2 and 3 are only required when the utility owner is a local government agency who is also a political subdivision of the state of Missouri (e.g., city-owned utilities, county-owned utilities). All other utility owners are encouraged, but not required, to provide Documents 2 and 3:&lt;br /&gt;
# A statement that the utility owner is not staffed or able to perform the required PE services with its own forces.&lt;br /&gt;
# Provide the names of at least three (3) consultants considered.&lt;br /&gt;
# The criteria used to evaluate each consultant and reasons why the selected consultant was selected.&lt;br /&gt;
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The following documents need to be provided as soon as the utility owner has successfully negotiated and entered into a contract with the consultant:&lt;br /&gt;
# The name and address of the selected consultant.&lt;br /&gt;
# A statement that the &amp;quot;[https://epg.modot.org/forms/general_files/DE/CertificationOfConsultant.docx Certification of Consultant]&amp;quot; will be furnished immediately upon award of the contract to the consultant.&lt;br /&gt;
# One executed copy of the proposed engineering contract or agreement between the utility owner and consultant, only if the engineering will exceed $5,000.00.&lt;br /&gt;
# The consultant&#039;s fixed (lump sum) or estimated fee (actual cost) and the contract maximum.&lt;br /&gt;
# A cost summary providing a detailed breakdown of the basis for the consultant&#039;s compensation, including estimated labor hours, hourly rates for each classification, overhead rate (if used), the amount of profit charged, and any other estimated charges such as travel expenses, equipment rentals, etc. If an overhead rate is used, the consultant must also submit the supporting overhead rate calculations.&lt;br /&gt;
# An independent cost estimate of engineering services provided by the utility owner to use in comparison to the consultant’s proposed engineering services to check for cost reasonableness.&lt;br /&gt;
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===643.2.6.2 Continuing Consultant Contracts===&lt;br /&gt;
When a utility owner chooses to use an existing continuing contract for PE services, the utility owner must provide the following documents and information to the district utilities staff as soon as possible.&lt;br /&gt;
# A statement that the utility owner is not staffed or able to perform the engineering with its own forces.&lt;br /&gt;
# The name and address of the consultant under the existing continuing contract.&lt;br /&gt;
# A statement that the &amp;quot;[https://epg.modot.org/forms/general_files/DE/CertificationOfConsultant.docx Certification of Consultant]&amp;quot; will be furnished.&lt;br /&gt;
# A copy of the continuing contract to the district utilities staff. The district utilities staff will review the contract for reasonableness of cost.&lt;br /&gt;
# The consultant&#039;s fixed (lump sum) or estimated fee (actual cost) and the contract maximum for the work associated with the utility adjustment.&lt;br /&gt;
# A cost summary providing a detailed breakdown of the basis for the consultant&#039;s compensation, including estimated labor hours, hourly rates for each classification, overhead rate (if used), the amount of profit charged, and any other estimated charges such as travel expenses, telephone, etc. If an overhead rate is used, the consultant must also submit the supporting overhead rate calculations.&lt;br /&gt;
# An independent cost estimate of engineering services provided by the utility owner to use in comparison to the consultant’s proposed engineering services to check for cost reasonableness.&lt;br /&gt;
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===643.2.6.3 Consultant Contract Changes===&lt;br /&gt;
If a PE services contract between a utility owner and a consultant needs to be revised, a copy of the revised contract, fee, and schedule should be submitted by the utility owner to the district utilities staff prior to allowing for contract changes. District utilities staff should review the contract changes to ensure the revised contract conforms to MoDOT policy and complies with applicable federal regulations.&lt;br /&gt;
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==643.2.7 Environmental and Right of Way==&lt;br /&gt;
===643.2.7.1 Utilities and Environmental Clearances===&lt;br /&gt;
District utilities staff should coordinate with the TPM and utility owner’s representative to understand and communicate on known environmental and cultural constraints that could impact a utility owner’s plan of adjustment. This will allow the utility owner to consider permitting timelines and alternatives that avoid environmental or cultural resources to keep the project on schedule.&lt;br /&gt;
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One strategy to make project delivery more efficient and ensure regulatory compliance is for MoDOT to obtain the environmental and cultural resource permits and clearances for the utility owners associated with a roadway improvement while obtaining its own. This would generally only be for the permits and regulatory clearances MoDOT already needs to pursue as a part of the transportation improvement.&lt;br /&gt;
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District utilities staff should coordinate with the utility owner’s representative early in the project timeline to determine if it is in the best interest of both MoDOT and the utility owner to obtain permits and environmental clearances jointly. The following strategies can be utilized to determine if a joint approach to environmental work should be pursued:&lt;br /&gt;
* If utility facilities are moving to a location within or immediately adjacent to MoDOT right of way, a utility owner may be invited to participate in permitting and environmental compliance activities.&lt;br /&gt;
* If utilities move to a location not within or adjacent to MoDOT right of way, the utility company would not normally be invited to participate in permit applications and environmental compliance activities. However, some unique projects may necessitate further attention and should be discussed with the Design Liaison Engineer.&lt;br /&gt;
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If MoDOT and the utility owner agree to obtain joint permits and clearances, written communication between the utility owner’s representative and the district utilities staff should document the following items:&lt;br /&gt;
* List of the permits and clearances that MoDOT will acquire on behalf of the utility owner.&lt;br /&gt;
* List of the information needed from the utility owner in order for MoDOT to acquire the permits and clearances.&lt;br /&gt;
* Schedule and deadlines for submittal of the information by the utility owner. For example: utility plans, fill quantities, construction methods, dates, or seasons of construction.&lt;br /&gt;
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Permits and clearances that may be needed by both a utility owner and MoDOT include:&lt;br /&gt;
* [[127.7_Threatened_and_Endangered_Species|Endangered Species Act consultation and clearance]]&lt;br /&gt;
* [[127.2_Historic_Preservation_and_Cultural_Resources#127.2.1.1_Historic_Preservation_Regulations_and_Laws|Section 106 of the National Historic Preservation Act clearance]]&lt;br /&gt;
* [[127.10_Section_4(f)_Public_Lands|Section 4(f) clearance]]&lt;br /&gt;
* [[127.10_Section_4(f)_Public_Lands#127.10.1.4_Section_6(f)_Laws_and_Regulations|Section 6(f) of the Land and Water Conservation Fund Act clearance]]&lt;br /&gt;
* [[127.4_Wetlands_and_Streams|Section 401 and Section 404 of the Clean Water Act permits]]&lt;br /&gt;
* [[:Category:806_Pollution,_Erosion_and_Sediment_Control#806.1_Introduction_(see_Sec._806)|Section 402 of the Clean Water Act permit (State Operating Permit for Erosion Control)]]&lt;br /&gt;
* [[127.8_Hazardous_and_Solid_Waste|Recommendations on contaminated soil disposition]]&lt;br /&gt;
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===643.2.7.2 Right of Way Acquisition and Utilities===&lt;br /&gt;
The Commission is obligated to acquire the width of right of way required by the design of the highway improvement. For utility facilities currently located within the Commission’s right of way, this includes the necessary space for the utility facilities impacted by the design of the highway improvement. Either additional right of way width to accommodate a utility corridor or a utility easement can be obtained for the relocation of utility facilities. When drainage easements are acquired along a channel, additional space for utility facilities should be considered to avoid conflicts between the utility facility and the bridge or culvert.&lt;br /&gt;
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District utilities staff should inform the utility owner’s representative of the potential of a conflict between an existing utility facility and a proposed highway construction project early in the project development process to allow sufficient time for the utility owner to prepare a plan of adjustment and notify the district utilities staff of any easement needs. When utility facilities are located on a utility owner’s private easement, the utility owner may obtain its own new easements. If the utility owner is not in a position to negotiate for new easements or if the utility owner’s policies will not permit it to condemn property to obtain the easement, MoDOT can acquire the easement in the same manner roadway right of way is obtained. The district utilities staff should verify the utility owner is aware of the opportunity to have MoDOT acquire the easement, and the utility owner should provide written documentation on whether the utility owner would like to pursue this option with MoDOT.&lt;br /&gt;
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For situations where the utility owner will obtain its own replacement right of way and the cost of the adjustment is MoDOT’s responsibility, the utility right of way cost should be reviewed by the district right of way department to ensure the cost is reasonable and acquisition followed state and federal regulations. In order to expedite utility adjustments necessary to allow highway construction, the district utility staff may authorize the utility owner to obtain easements prior to all details of a plan of adjustment being developed. In this situation, the district utilities staff should ensure enough details are known to justify the needed right of way, and an agreement for right of way costs only should be executed with the utility owner.&lt;br /&gt;
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For situations where MoDOT will obtain the right of way necessary to allow highway construction, district utility staff should negotiate with the utility owner’s representative to ensure all necessary utility easements are shown on the approved right of way plans. The TPM should confirm with district utilities staff that the right of way plans accurately reflect the needs of the utility owners prior to requesting right of way plan approval. The district Right of Way Manager should confirm with district utilities staff before requesting an acquisition date (A-date). Every effort should be made to avoid adding utility easement requests once negotiations with property owners have begun.&lt;br /&gt;
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Occasionally, when negotiations cannot be completed for easements for the adjustment of utility facilities, it may be necessary to condemn for the property. District utilities staff should coordinate with the utility owner’s representative to ensure no alternate design for the adjustment of the utility facility is practical. The decision to condemn for easements for the adjustment of the utility facilities requires the exercise of good judgment in reaching the conclusion that further good faith negotiations are futile and condemnation is necessary to maintain the project in the scheduled letting. The TPM should coordinate with the district utilities staff and district Right of Way (RW) personnel on the condemnation proceedings.&lt;br /&gt;
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Easement and other right of way documents used with utility owners are handled in accordance with procedures established jointly with RW and district utilities staff. District survey staff prepare the land descriptions for use in utility easements. The district utilities staff is responsible for completion of the easements in the correct form and scope. A sketch delineating the area described is attached to the easement as Exhibit “A”. Communication with the Design Division will ensure use of proper forms, corporate names and locations, and particular wording required for joint ownerships. The description for a utility easement is to be referenced to the nearest land corner shown on the plans. Examples of easements can be found in the template list in [https://netprod3.dot.missouri/eAgreements/Search/QuickSearch eAgreements].&lt;br /&gt;
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In situations where MoDOT is acquiring right of way with existing utility easements, but the district utilities staff and the utility owner’s representative agree that the utility facility may remain in place, the utility owner will release the property to the Commission separate from the right of way acquisition. This is done by executing an Easement for Highway Construction (UT16). The utility owner grants and conveys, with warranty of title expressed or implied, to the Commission, the right to construct, reconstruct, and maintain a highway over and across that portion of the easement owned and held by the utility owner. In the future, the utility owner retains any reimbursable rights should future projects require adjustments to allow highway construction.&lt;br /&gt;
&lt;br /&gt;
==643.2.8 Cost Responsibility==&lt;br /&gt;
In addition to determining if a conflict exists between an existing utility facility and a highway improvement project, it is important to determine who is responsible for the costs of the necessary adjustments to allow highway construction. An adjustment for which the Commission is responsible for the costs is known as a reimbursable adjustment. An adjustment for which the Commission is not responsible for the costs is known as a non-reimbursable adjustment. An adjustment for which the Commission and the utility share responsibility for costs is known as a partially reimbursable adjustment. Adjustments determined to be reimbursable or partially reimbursable by the Commission are to be completed under the terms of an agreement executed between the utility owner and the Commission.&lt;br /&gt;
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===643.2.8.1 Commission Responsibility===&lt;br /&gt;
====643.2.8.1.1 Utility Facilities Located on Private Easements====&lt;br /&gt;
When the utility facility is located on a private easement within the new right of way to be acquired for a future project, the Commission is responsible for the cost of the necessary adjustments to allow highway construction. It may be possible that such easement does not have written easement rights. The Commission will honor this oral right provided acceptable documentation is provided by the utility owner to the district utilities staff. An [https://epg.modot.org/forms/general_files/DE/NonwrittenEasementRights_Example.docx example of acceptable documentation for not written easement rights] is available. Other forms of documentation will be considered on an individual basis.&lt;br /&gt;
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=====643.2.8.1.1.1 Future Moves=====&lt;br /&gt;
When the utility facility is located on a private easement, taken into the Commission’s right of way, the Commission may agree that any future moves of the same utility by Commission order may be made at the Commission’s cost. Documentation of this agreement is by an Easement for Highway Construction (UT16) agreement. If the Commission provides a substitute private easement, then the Commission will have future obligations consistent with the utility facility’s status in an easement.&lt;br /&gt;
&lt;br /&gt;
====643.2.8.1.2 Utility Facilities Located within Commission Right of Way====&lt;br /&gt;
When the utility facility is located within Commission right of way, but has prior land rights, the Commission is responsible for the cost of adjustments to allow highway construction. The utility owner is responsible for documenting to the satisfaction of the district utilities staff, the basis for the claim of prior land rights within Commission right of way. Time spent researching prior rights is considered coordination and is reimbursable.&lt;br /&gt;
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====643.2.8.1.3 City or County Utility Facilities on City or County Streets====&lt;br /&gt;
When roadway improvements are within the corporate limits of cities, towns, and villages, a municipal agreement is negotiated between the Commission and the municipality. Likewise, when roadway improvements are within the limits of a county and outside the municipal limits, a county agreement is negotiated between the Commission and the County Commission. Included in these agreements are provisions regarding reimbursement for adjusting city or county owned utility facilities. Reimbursement is provided for adjustment of city or county owned utility facilities that are now located on city or county streets and not on Commission right of way.&lt;br /&gt;
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====643.2.8.1.4 Lumen====&lt;br /&gt;
Lumen – National (formerly CenturyLink, Lightcore, or Digital Telephone, Inc. (DTI)) and the Commission have entered into a partnership agreement, “Amended and Restated Fiber Optic Cable on Freeways in Missouri,” executed June 5, 2003 which obligates the Commission to be responsible for the cost of the necessary adjustments to allow highway construction along the routes identified in the agreement. A copy of the agreement is available to district utilities staff.&lt;br /&gt;
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====643.2.8.1.5 Services to the Commission====&lt;br /&gt;
When a utility facility provides a service connection to local Commission facilities such as power to traffic signals, lighting, ITS, and cathodic protection and phone drops to traffic signal controllers or other Commission facilities, the Commission is responsible for the cost of the necessary adjustments to allow highway construction.&lt;br /&gt;
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====643.2.8.1.6 Private Service Lines====&lt;br /&gt;
While most utility owners reconnect the private service lines at no cost to the property owner, some do not. If a utility owner does not reconnect service lines, MoDOT can include adjustment of private service lines in roadway contracts. Bid items for relocating service connections are provided for the different types of anticipated adjustments.&lt;br /&gt;
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====643.2.8.1.7 Second Moves====&lt;br /&gt;
If the Commission requires additional work to a utility facility after the facility has been relocated or adjusted in accordance with a plan of adjustment approved by the Commission for a single project number, the Commission is responsible for the cost of the additional work regardless of whether the initial adjustment was Commission responsibility as outlined in other parts of [[643.2_Local_Utility_Adjustments_-_Public_and_Private#643.2.8.1_Federalizing_Funds_for_Preliminary_Engineering|643.2.8.1]].&lt;br /&gt;
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The purpose of the policy is to encourage utilities to relocate early rather than waiting until plans are published for bidding. The policy eliminates the utility having to relocate twice at its own expense because of late changes in the design. It is best to have utilities relocated prior to construction, and this policy helps achieve that goal. Therefore, it is imperative that the designer notifies district utilities staff as soon as possible of any changes made after these plans have been sent. If notified immediately, it may be possible to inform the utility owner prior to their final design thereby eliminating a second move.&lt;br /&gt;
&lt;br /&gt;
Under this policy, the following are not considered second moves. Temporary and staged relocations necessary to accommodate construction and agreed upon by the utility and the Commission prior to relocation are considered a single move and are not subject to the provisions of the second move policy. If the Commission requires adjustment of a utility facility for which the utility owner is responsible for the cost of the adjustment and was originally determined to not need adjustment, the utility owner is responsible for the cost of the adjustment. The utility owner is responsible for the cost of additional work to any portion of the utility facility after the utility facility has been adjusted in accordance with a plan of adjustment approved by the Commission if the additional work is required by the Commission due to error by the utility owner in preparation of plan of adjustment, field location of, or construction of the adjustment of the utility facility.&lt;br /&gt;
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When evaluating construction contract changes by change order or value engineering, the impacts of the second move policy should be considered.&lt;br /&gt;
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===643.2.8.2 Utility Owner Responsibility===&lt;br /&gt;
====643.2.8.2.1 Utility Facilities Owned and Operated by a Political Subdivision====&lt;br /&gt;
When a utility facility is located within Commission right of way, but does not have prior land rights, the utility owner is responsible for the cost of the necessary adjustments to allow highway construction. When a utility facility is located on public right of way other than Commission right of way, the utility owner is responsible for the cost of the necessary adjustments to allow highway construction.&lt;br /&gt;
&lt;br /&gt;
When a political subdivision must bear part or all the cost of adjustments to their utility facilities, and the cost creates a financial hardship, the Commission, by its authorized representative, the Chief Engineer, may temporarily assume these costs. A payback agreement with the political subdivision will include an applicable interest rate for a comparable maturity from a widely published index of tax-exempt municipal rates obtained from Financial Services. Payback time will not exceed five (5) years.&lt;br /&gt;
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====643.2.8.2.2 Utility Facilities Other Than Those Owned by a Political Subdivision====&lt;br /&gt;
When a utility facility is on the right of way of a public road or street or on state highway right of way without prior land rights and adjustment is necessary to allow for the construction of a roadway improvement, the utility owner is responsible for the cost of the necessary adjustments to allow highway construction.&lt;br /&gt;
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===643.2.8.3 Shared Responsibility===&lt;br /&gt;
When a utility facility is located such that portions of it are a Commission responsibility and portions of it are a utility owner responsibility by the definitions above, the costs of the necessary adjustments to allow highway construction will be split by the Commission and the utility owner. If the exact cost for each party can be determined, each party will be responsible for their portion of the cost of relocating the utility facility. If the exact cost for each party cannot be determined, the parties will arrive at a percentage reimbursement on an equitable basis.&lt;br /&gt;
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===643.2.8.4 Notice of Hearing===&lt;br /&gt;
When relocation or other difficulties with utility facilities on public right of way arise that prevent resolution by negotiation, formal hearings will be required.&lt;br /&gt;
&lt;br /&gt;
The district initiates a request for a utility relocation hearing with a letter to the Chief Counsel’s Office (CCO) (a copy is provided to the Design Division) requesting a hearing date. CCO will arrange for a hearing room, court reporter, etc. and advise the district of the hearing date.&lt;br /&gt;
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The district will prepare the notice of hearing by strictly following the given format and serve the notice on all persons and utility owners listed. The property and utility owner must be served only by personal service or by mailing a certified letter, return receipt requested, no later than 15 days before the date of hearing. This will require the district to make every effort to identify the correct property owner before preparing the notice of hearing. To avoid delays, every attempt will be made to issue the hearing notice at least 30 days prior to the hearing date in case any property has changed ownership and any additional property owners must be served. A notice of hearing on service line connections will also be served on the private or public owner of the main or distribution line to which the service lines are connected. A notarized &amp;quot;Report of Personal Service&amp;quot; will be completed when notification by certified mail is not used.&lt;br /&gt;
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One copy of the hearing notice and attachments, &amp;quot;Report of Personal Service&amp;quot; and certified mail notices are to be submitted to CCO after notification is complete.&lt;br /&gt;
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Prior to the hearing, the district&#039;s representative will become familiar with the details of the utility adjustment in order to provide concise testimony to expedite the hearing process. CCO will assign an attorney to work with the district and present the case.&lt;br /&gt;
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Refer to 7 CSR 10-3.030 020 Utility Relocation Hearings for additional information.&lt;br /&gt;
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A Waiver of Hearing should be obtained for non-reimbursable adjustments to document the commitment of the utility owner to adjust its utility facilities without adversely impacting the highway construction project. This may be accomplished informally via written communications between the district utilities staff and the utility owner’s representative. A [https://epg.modot.org/forms/general_files/DE/WaiverOfHearingForm.docx formal Waiver of Hearing statement] may be requested by either MoDOT or the utility owner. A [https://epg.modot.org/forms/general_files/DE/WaiverOfHearingLetter.docx sample transmittal letter for the Waiver of Hearing] is available. For reimbursable or partially reimbursable adjustments, the formal agreement serves as the basis of documentation of this commitment.&lt;br /&gt;
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==643.2.9 Estimates==&lt;br /&gt;
District utilities staff will negotiate with utility owners to determine reimbursable costs of the necessary adjustments to allow highway construction ([[#643.2.8_Cost_Responsibility|EPG 643.2.8 Cost Responsibility]]). These estimates are prepared in accordance with the provisions of 23 CFR 645 and any amendment thereto. These estimates must reflect the same procedures and costs used by the utility owners in their normal operations and must also accurately represent the expected costs of the work. The utility owner’s estimate will be reviewed by the district utilities staff to ensure compliance with 23 CFR 645.&lt;br /&gt;
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===643.2.9.1 Independent Cost Estimate===&lt;br /&gt;
The independent cost estimate provides the basis for district utilities staff to review the utility owner’s estimate of costs of the necessary utility adjustments to allow highway construction and any subsequent negotiations with the utility owner. The district utilities staff should prepare an independent cost estimate. The independent cost estimate may be based on unit prices of anticipated items of work in a utility adjustment necessary to allow highway construction. The independent cost estimate alternately may be based on recent similar types of utility adjustments necessary to allow highway construction and scaled for size. Consultants can be used to develop the independent cost estimate. All documentation of the independent cost estimate should be placed in MoProjects.&lt;br /&gt;
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===643.2.9.2 Type of Project Cost Estimates===&lt;br /&gt;
Either Actual Cost or Lump Sum estimates may be used for estimating the costs on the necessary utility adjustments to allow highway construction. If an Actual Cost estimate is used, detailed records of materials, labor, and equipment are made by district utilities and/or construction staff during construction, and a final audit of the utility owner’s cost records is made to determine the Commission’s actual responsibility for costs of the adjustment completed to allow highway construction. If a Lump Sum estimate is used, a final audit of costs for an adjustment in payment is not required. The Actual Cost method requires more detailed record keeping and documentation by the utility owner and district staff during construction. The Lump Sum method requires more upfront detail and work by the utility owner and judgment on the district utilities staff on the acceptability of the cost. The district utilities staff will work with the utility owner’s representative to determine the best type of estimate and therefore agreement to use.&lt;br /&gt;
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====643.2.9.2.1 Actual Cost Estimate====&lt;br /&gt;
The cost estimate that supports the actual cost agreement is prepared in sufficient detail to determine the reasonable expected cost of the work to support development of an agreement between the utility owner and the Commission. However, reimbursement is based on the actual costs of design and construction of the necessary adjustment to allow highway construction. The actual cost estimate should detail all costs of the necessary adjustment to allow highway construction, even if the Commission is only responsible for a portion of the costs as detailed in EPG [[#643.2.8.3_Shared_Responsibility|643.2.8.3 Shared Responsibility]].&lt;br /&gt;
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Actual cost estimates can be used for any dollar amount of reimbursement.&lt;br /&gt;
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====643.2.9.2.2 Lump Sum Estimates====&lt;br /&gt;
The cost estimate that supports the lump sum agreement must be accurate, comprehensive, verifiable, and in sufficient detail to present a clear picture of the work involved and the cost of the individual items. The estimate may cover only that portion of the adjustment for which the Commission is responsible for the costs of the necessary utility adjustments to allow highway construction.&lt;br /&gt;
Lump sum estimates are limited to a maximum of $200,000 of Commission responsibility of costs of the necessary utility adjustments to allow highway construction; however, exceptions may be made for special situations that have prior approval from Design Division. These exceptions usually cover major relocations for which the Commission&#039;s proportionate responsibility is extremely small.&lt;br /&gt;
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===643.2.9.3 Utility Cost Estimate Requirements===&lt;br /&gt;
Whether using an Actual Cost or Lump Sum estimate, the following should be included in the estimate, if applicable. If any of the following sections are not included in the estimate, a qualifying statement as to why the costs were not included should be provided.&lt;br /&gt;
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====643.2.9.3.1 Scope of Work====&lt;br /&gt;
All estimates require a concise summary of the work to be performed on the estimate. An example is &amp;quot;an estimate of cost covering the work of relocating Company&#039;s 12-inch Cushing-Woodriver pipeline to accommodate construction of Route 47 in Franklin County on Job No. J6P0172&amp;quot;.&lt;br /&gt;
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====643.2.9.3.2 Engineering Costs====&lt;br /&gt;
Costs of engineering, whether preliminary or construction, must be shown as separate items and are not to be included with &amp;quot;labor costs&amp;quot;. Concurrent cost accounting procedures of FHWA and MoDOT make this a necessity. See [[#643.2.6_Preliminary_Engineering_Requirements|EPG 643.2.6 Preliminary Engineering]] and [[#643.2.16.2_Construction_Contract_Requirements|EPG 643.2.16.2 Construction Contract Requirements]] for further information.&lt;br /&gt;
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====643.2.9.3.3 Right of Way Costs====&lt;br /&gt;
A detailed estimate of the cost to acquire replacement easements by the utility owner is required. The cost should be supported by a right of way plan.&lt;br /&gt;
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====643.2.9.3.4 Material Costs====&lt;br /&gt;
Quantities, description of the item, the unit cost, and the extended totals are shown. Percentage computations will be shown immediately following &amp;quot;total cost&amp;quot; so the utility owner’s and Commission&#039;s cost obligations are properly indicated. Unit assembly costs similar to those used by several of the rural electric association (R.E.A.) cooperatives are acceptable, provided the same units and charges are used in the utility owner’s regular operations. A handling charge conforming with the utility owner’s regular procedures may also be included.&lt;br /&gt;
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====643.2.9.3.5 Labor Costs====&lt;br /&gt;
Hours, individual or crew rates, and extended totals are shown. Payroll additives such as insurance, retirement, social security, vacation, and other benefits are shown as a separate item under this heading in accordance with utility owner’s regular procedures. Adequate explanation must be given for total percentage used, especially in those cases where materials and labor are combined as unit costs or where labor percentages include additives and equipment requirements.&lt;br /&gt;
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====643.2.9.3.6 Equipment Costs====&lt;br /&gt;
A description of the equipment to be used must be shown jointly with the number of hours to be charged. Rates charged for equipment usage must be justified by the utility owner’s established accounting procedures. When the utility owner does not have an established accounting procedure or a capitalization and depreciation schedule that is used in its own operations, the rates are to be established by using rental rate publications as a guide. A reasonable amount will be deducted, when using rental rate schedules, for profit that the rental company realizes. A full explanation of the methods used in establishing the rates must also be submitted to support the utility owner’s request and with approval of the district utilities staff.&lt;br /&gt;
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Equipment may be rented when the utility owner’s equipment is not available or is inadequate, with the rental rate justified by appropriate solicitation of bids. See [[#643.2.16.2_Construction_Contract_Requirements|EPG 643.16.2 Construction Contract Requirements]] for further information.&lt;br /&gt;
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Unusual accounting procedures may be accepted with adequate prior explanations and approval of the Design Division.&lt;br /&gt;
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====643.2.9.3.7 Removal Costs====&lt;br /&gt;
These costs are estimated and shown in a similar method but separately from installation costs. When removal costs exceed salvage credits by more than the estimated cost of removal by the roadway contractor, an effort should be made to persuade the utility owner to abandon the utility facilities in place. An exception is made when the utility owner is required to remove abandoned utility facilities because of liability, hazard, or by specific agreement with the Commission. Abandoned utility facilities can be included with the miscellaneous removals in the roadway contract. It may be possible for the utility owner to remove those portions of the utility facility for which credits will exceed removal costs, with the remainder of the utility facility to be abandoned for removal in the roadway contract. Materials removed must be itemized, with the utility owner’s customary salvage credit given. Items to be scrapped or junked should be indicated. Whenever a utility facility or portion thereof is shown to be abandoned on the plan of adjustment, the roadway plans should be notated accordingly. This eliminates ownership problems if these utility facilities are removed or salvaged by the roadway contractor.&lt;br /&gt;
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When the utility facility is no longer needed and removal is necessary to accommodate the roadway project, the removal of the item may be handled either as a right-of way-item or a utility adjustment. When handled as a right of way item, the damages allowed are to equal the depreciated value of the utility facility, with the necessary removals being accomplished by the roadway contractor. If accomplished as a utility adjustment, the Commission, by utility agreement, will reimburse the utility owner for removal costs and receive salvage credit for the material removed, up to but not exceeding removal costs.&lt;br /&gt;
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====643.2.9.3.8 Salvage of Removed Materials====&lt;br /&gt;
This statement, to explain the salvage credit or lack of credit, will reflect routine utility owner policy as well as the particular situation. The utility owner will place a value on any recovered material for salvage. District utilities staff should check this value for reasonableness. Examples of salvage statements include:&lt;br /&gt;
* Existing utility facilities to be abandoned in place, since the cost of salvaging, based on our past experience, will exceed their value.&lt;br /&gt;
* Only those items will be salvaged for which salvage credit will exceed the cost of removal and salvage.&lt;br /&gt;
* Company liability requires removal of the retired utility facilities, even though the cost of removal will exceed allowable credit for salvage.&lt;br /&gt;
* Salvage credits are in accordance with established company accounting procedures.&lt;br /&gt;
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====643.2.9.3.9 Accrued Depreciation Credits====&lt;br /&gt;
Credit is required for the accrued depreciation of a utility facility that is being replaced. Examples are a building, structure, pumping station, filtration plant, power plant, substation, or other similar operational unit. Credit for accrued depreciation will not be required for a segment of the utility&#039;s service, distribution, or transmission lines. It is also not required when the building or structure is being moved as necessitated by the highway project. Acceptable accrued depreciation credit will be determined by using the following formula:&lt;br /&gt;
&amp;lt;math&amp;gt;\frac{\text{Actual Length of Service of Replaced Facility (Years)}}{\text{Total Estimated Service Life of Replaced Facility (Years)}} x&amp;lt;/math&amp;gt;&amp;lt;span style=&amp;quot;font-family: &#039;Times New Roman&#039;, Times, serif; font-size: 130%;&amp;quot;&amp;gt; Original Cost ($) = Credit ($)&amp;lt;/span&amp;gt;&lt;br /&gt;
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====643.2.9.3.10 Betterment Credits====&lt;br /&gt;
Betterment means the upgrading of the utility facility being relocated, made solely for the benefit of and at the election of the utility owner and is not attributable to the roadway improvement. Credit to the Commission is required for the additional costs incurred for the betterments introduced in the adjusted utility facility. No betterment credit is required for additions or improvements which are:&lt;br /&gt;
* Required by the highway project&lt;br /&gt;
* Replacement devices or materials that are of equivalent standards although not identical&lt;br /&gt;
* Replacement of devices or materials no longer regularly manufactured with next highest grade or size&lt;br /&gt;
* Required by law under governmental and appropriate regulatory commission code&lt;br /&gt;
* Required by current design practices regularly followed by the utility owner in its own work, and there is a direct benefit to the highway project&lt;br /&gt;
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====643.2.9.3.11 Overhead Costs====&lt;br /&gt;
Overhead costs are usually a percentage of the total labor cost. This item must be in accordance with the utility owner’s established accounting procedures, which in some cases may include handling costs or be a percentage of the total cost of the work involved. Additional attention to overhead costs is required when the rate is different from previously accepted rates. Occasionally, it can be difficult to obtain the necessary information at the time of the estimate to approve the overhead rates. In this situation, the estimate can be approved with exception of the overhead rates for payment. The utility owner is informed of this matter with the understanding that the overhead rates could be approved and paid with submission of appropriate supporting data and Financial Services audit review.&lt;br /&gt;
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====643.2.9.3.12 Prorating Costs====&lt;br /&gt;
The need for prorating utility adjustment costs occurs when both the Commission and the utility owner are responsible for a portion of the utility adjustment necessary to allow for highway construction, and the actual costs for reimbursement in each category cannot be explicitly determined. Generally, the following conditions require division of costs:&lt;br /&gt;
* The adjustment is considered partially reimbursable per [[#643.2.8.3_Shared_Responsibility|EPG 643.2.8.3 Shared Responsibility]]&lt;br /&gt;
* Betterments are included in the necessary adjustment of the utility facility&lt;br /&gt;
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The district utilities staff should negotiate with the utility owner’s representative to determine an equitable basis for the prorating of costs based on the characteristics of the utility adjustment necessary to allow for highway construction.&lt;br /&gt;
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====643.2.9.3.13 Costs Records====&lt;br /&gt;
The estimate should include a statement as to where the utility owner’s cost records may be reviewed. An example: &amp;quot;Company cost records will be available in our office at 2134 Industrial Avenue, Tulsa, Oklahoma&amp;quot;.&lt;br /&gt;
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====643.2.9.3.14 Other====&lt;br /&gt;
Additional statements will explain or further clarify the work that is included. Such other items may include bypasses, special equipment, need for larger utility facilities, etc.&lt;br /&gt;
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==643.2.10 Schedule==&lt;br /&gt;
Timely adjustments of utility facilities are essential for efficient completion of highway construction projects. Ideally, all utility adjustments are completed prior to a project’s Plans, Specifications, and Estimate (PS&amp;amp;E) submittal to Central Office. Depending on the specifics of the highway construction and utility adjustment necessary, early completion of the utility adjustment may not be practical. The district utilities staff should negotiate with the utility owner to determine the schedule parameters necessary for the utility adjustment. At a minimum, the utility owner should document the dates it anticipates starting and completing the work. If a utility adjustment depends upon the completion of a portion of the highway construction, the necessary milestone for starting the utility adjustment should be documented along with an anticipated number of working days to complete the utility adjustment. The schedule is included as Exhibit “C” to the agreement.&lt;br /&gt;
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==643.2.11 Pre-Audits==&lt;br /&gt;
The district utility staff performs a pre-audit review and approval prior to preparation of the agreement. A [https://epg.modot.org/forms/general_files/DE/PreAuditChecklist.docx pre-audit checklist] should be completed and saved in MoProjects.&lt;br /&gt;
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==643.2.12 Utility Agreements==&lt;br /&gt;
Whenever the Commission is responsible for the cost of the necessary adjustments to allow highway construction, an agreement is required. If a Master Reimbursable Utility Agreement (see [[#643.2.12.2_Master_Reimbursable_Utility_Agreements|EPG 643.2.12.2]]) has not been executed with the utility owner, a Project Specific Agreement (see [[#643.2.12.3_Project_Specific_Agreements|EPG 643.2.12.3]]) is executed between the utility owner and the Commission. In some cases, it may be more practical for the Commission to include adjustment of utilities into a Commission administered contract. A Utility Agreement - Actual Cost (For Utility Work That is to be Included in the Missouri Highways and Transportation Commission&#039;s Road Project) (see [[#643.2.12.4_Agreement_for_Utility_Work_Included_in_Roadway_Improvement_Project|EPG 643.2.12.4]]). Agreements include a plan of adjustment (Exhibit “A”), cost estimate (Exhibit “B”), and schedule (Exhibit “C”).&lt;br /&gt;
&lt;br /&gt;
The Utility Agreement boilerplate forms have been approved by the Chief Counsel’s Office (CCO). They are identified in the upper left-hand corner of each agreement by an identifier such as CCO Form: UT01 for the Master Reimbursable Utility Agreement. CCO updates these agreements as necessary. They serve as a guide in the preparation of the agreement to be executed with the utility owner for the adjustments required to their utility facilities to accommodate the proposed roadway improvement project. District utilities staff should use the latest version of the agreement found in [https://netprod3.dot.missouri/eAgreements/Search/QuickSearch eAgreements] in drafting an agreement with utility owners. A list of utility agreements and detailed information concerning the sequence for preparing and executing an agreement is available in EPG [[:Category:153_Agreements_and_Contracts|153 Agreements and Contracts]].&lt;br /&gt;
&lt;br /&gt;
These forms are to be used word for word. Revisions or additions are only made to address specific project details. The intent of each paragraph must be retained, although specific words may be revised to fit the particular situation. No paragraphs are deleted without prior approval from CCO. For guidance on acceptance of liability, refer to the [[:Category:153_Agreements_and_Contracts#153.1.1.2_Acceptance_of_Liability_Policy_(MoDOT_Access_Only)|Acceptance of Liability Policy]] at the CCO SharePoint page. Drafts of agreements having major revisions or complications are to be submitted, with supporting data, to Design Division for comment and approval.&lt;br /&gt;
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A reference to 23 CFR 645 is included in all agreements. Utility owners must be acquainted with these requirements and procedures. The incorporation of 23 CFR 645 by reference in all agreements eliminates the need for a second set of regulations to be included in the document.&lt;br /&gt;
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The agreement for the adjustment of a utility is prepared by the district utilities staff and submitted to the utility owner for execution. The agreement is based on the plan, estimate of cost which was prepared in accordance with 23 CFR 645, and schedule. Authorized individuals representing the utility owner will execute the agreement. The agreement must be signed, sealed, and if necessary, notarized by the utility owner. If the utility owner does not have or use a corporate seal, write &amp;quot;NO SEAL&amp;quot; under the signatures of the owner’s officers. Agreements with political subdivisions are to be supported by an appropriate ordinance, a copy of which is to be submitted with the executed agreements. All copies will be forwarded to the CCO for further handling. A fully executed copy of the agreement will be retained in eAgreements. If the agreement was executed using electronic signatures, the district utilities staff should forward an electronic copy of the fully executed agreement to the utility owner. If the agreement was executed using wet signatures, one (1) paper copy of the fully executed agreement will be returned by the Commission Secretary’s Office to the district utilities staff. The district utilities staff will forward this copy to the utility owner.&lt;br /&gt;
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===643.2.12.1 Buy America Build America Requirements===&lt;br /&gt;
All agreements contain information on Buy America Build America (BABA) compliance. The utility owner should select the method of certification (See [[#643.2.19_Buy_America_Build_America_for_Utilities|EPG 643.2.19]]) at the time of agreement completion. The appropriate paragraph will be inserted into the agreement. All BABA compliance documents must be retained by the utility owner and made available upon request at no cost to the Commission and/or FHWA.&lt;br /&gt;
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====643.2.12.1.1 Utility Owner Self-Certification====&lt;br /&gt;
The City/Company certifies that when determining products/materials subject to Buy America Build America requirements to use in the performance of this Agreement, it shall use only such products/materials for which it has received a certification from its supplier, or provider of construction services that procures the product/material, certifying compliance with Buy America Build America requirements. This does not include products/materials for which waivers have been granted pursuant to 23 CFR 635.410. The City/Company will not be required to provide the Commission copies of the supplier certification as part of this Agreement or with the final invoice of said Commission’s Federal-Aid Highway Construction Project.&lt;br /&gt;
&lt;br /&gt;
====643.2.12.1.2 Vendor/Manufacturer Certification====&lt;br /&gt;
The City/Company certifies that when determining products/materials subject to Buy America Build America requirements to use in the performance of this Agreement, it shall use only such products/materials for which it has received a certification from its supplier, or provider of construction services that procures the product/material, certifying compliance with Buy America Build America requirements. This does not include products/materials for which waivers have been granted pursuant to 23 CFR 635.410. The City/Company shall provide to the Commission all Buy America compliance documents as outlined in the Commission’s Engineering Policy Guide 643. All required compliance documents shall accompany the final invoice submitted to the Commission.&lt;br /&gt;
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===643.2.12.2 Master Reimbursable Utility Agreements===&lt;br /&gt;
The UT01: Master Reimbursable Utility Agreement (MRUA) is a statewide agreement that has been executed by the utility owner and the Commission for all future reimbursable utility adjustments between both parties. Once a MRUA is executed, no other utility agreements are required on design-bid-build projects. The district utilities staff should encourage utility owners to enter into a MRUA with the Commission to reduce potential future delays in executing a project specific agreement. A list of previously executed [https://modotgov.sharepoint.com/sites/DE/Utilities/Agreements/MRUA%20-%20Existing?csf=1&amp;amp;web=1&amp;amp;e=4LJHoa Master Reimbursable Utility Agreements (Modot Access Only)] is available. District utilities staff should add newly executed agreements to this list. The MRUA can be employed as either an actual cost ([[#643.2.12.3.1_Actual_Cost_Agreements|EPG 643.2.12.3.1]]) or lump sum ([[#643.2.12.3.2_Lump_Sum_Agreements|EPG 643.2.12.3.2]]) agreement. When the reimbursable adjustment will utilize a MRUA, the district utilities staff will prepare a MRUA correspondence letter (“letter agreement”) referencing the executed MRUA. A copy of the MRUA correspondence letter should be saved in MoProjects for reference by Financial Services, the district construction office, and the district staff responsible for inspection of utility adjustments. All project specific items such as type of agreement (actual cost or lump sum), plan of adjustment, estimated total cost, cost allocation, and schedule are addressed in the MRUA correspondence letter from the district utilities staff to the utility owner. A flowchart of the MRUA process is available.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.3 Project Specific Agreements===&lt;br /&gt;
If a utility owner does not have a MRUA with the Commission, a project specific agreement will be required for every project for which the Commission is responsible for the necessary adjustments to allow highway construction. The project specific agreement will be either an actual cost (EPG 643.2.12.3.1) or lump sum (EPG 643.2.12.3.2) agreement.&lt;br /&gt;
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====643.2.12.3.1 Actual Cost Agreements====&lt;br /&gt;
The UT03: Utility Agreement – Actual Cost is used when detailed estimates are not practical or costs appear to be questionable. Details on actual cost estimates can be found at EPG 643.2.9.2.1 Actual Cost Estimates. Once the final invoice on a UT03 is submitted to Financial Services, district utilities staff should change the status on the agreement in eAgreements to completed.&lt;br /&gt;
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====643.2.12.3.2 Lump Sum Agreements====&lt;br /&gt;
The UT02: Utility Agreement – Lump Sum eliminates the need for keeping detailed records of cost and the auditing of cost records. Estimates of cost must be prepared in detail for use of this agreement. When detailed estimates are not practical or costs appear unreasonable, actual cost agreements are to be used. Use of special forms of agreements, such as &amp;quot;subordination agreements&amp;quot;, which are desired by certain utility owners, is acceptable. These, too, must be revised to cover the particular situation. Details on lump sum estimates can be found at EPG 643.2.9.2.2 Lump Sum Estimates. Once the final invoice on a UT02 is submitted to Financial Services, district utilities staff should change the status on the agreement in eAgreements to “completed”.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.4 Agreement for Utility Work Included in Roadway Improvement Project===&lt;br /&gt;
The UT04: Utility Agreement - Actual Cost (For Utility Work That is to be Included in the Missouri Highways and Transportation Commission&#039;s Road Project) allows for the adjustment to be based on actual cost with the roadway contractor performing the utility work. Caution should be exercised in the type of utilities to be relocated in roadway contracts. Utilities recommended are waterlines and sewer lines. Other utilities, such as gas lines, communication lines, and power lines are to be studied thoroughly before being included in the project.&lt;br /&gt;
&lt;br /&gt;
The Transportation Project Manager and district utilities staff must plan ahead to get this work in the roadway contract. The utility owner must agree to include the utility adjustment in the roadway contract. The adjustment may be on highway right of way or on private easement in the name of the utility owner. The utility owner can agree to allow MoDOT’s contractor to work in its easement. However, district utilities staff in consultation with district right of way staff should review the easement documentation to verify the utility owner’s rights to the easement and any limitations on its use. MoDOT’s contractor can work and operate on both Commission right of way and on the utility easement, even when not directly connected to the Commission right of way, as part of the job site. Temporary construction easements may be necessary in addition to the utility easement to ensure adequate working room for the contractor.&lt;br /&gt;
&lt;br /&gt;
:The utility owner may request exemption to any liability for negligence of our contractor working on their easement. The Commission can assume that liability (refer to Acceptance of Liability Policy), but it should be included in the utility agreement if so desired by the utility owner. A Job Special Provision is necessary to require the MoDOT contractor to hold the utility harmless from all claims due to contractor negligence.&lt;br /&gt;
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Subsurface information, i.e. boring data, etc., should be obtained by the utility owner since it may be needed for the design of the utility adjustment. This information should be included in the plans. If the utility owner must bear all or part of the cost of the adjustment, the utility owner must agree to pay a pre-deposit to the Commission prior to opening bids on the project. This should be in the utility agreement. The pre-deposit will be credited to the &amp;quot;Missouri Highway and Transportation Commission - Local Fund.&amp;quot; Any interest earned in the fund will apply to the cost of the adjustments. The utility agreement will include language that the utility will inspect the installation and assume maintenance of the utility facility after construction. MoDOT will also provide engineering supervision to be sure the road contractor is in compliance with the contract. Utility plans and specifications are to be approved by the owner prior to submittal to the Central Office. The following items will provide minimum information to allow MoDOT’s contractor to bid the work.&lt;br /&gt;
# Individual bid items (not &amp;quot;lump sum&amp;quot;) should be established to promote better bidding and to handle overruns and underruns. Bid items not included on the Computer Stored Bid Item list should be &amp;quot;99&amp;quot; numbers.&lt;br /&gt;
# he bid package must be in our letting format. If the package was prepared by a consultant as if the utility owner were going to let it, all bid bond or bidding procedures must be screened to remove requirements contrary to MoDOT letting requirements. District utilities staff should work with the Transportation Project Manager, Design Liaison Engineer, and Central Office Bidding and Contract Services to ensure this requirement is met.&lt;br /&gt;
# The specifications required by the utility owner should be reviewed for items that could cause a bid problem for our contractor. Items such as non-readily available materials or sizes should be avoided.&lt;br /&gt;
# Utility plan sheets should be .pdf files equivalent to 22 in. x 34 in. It is helpful to have a quantity sheet specifically for utility items.&lt;br /&gt;
# Any special procedures required for the utility installation should be included in the Job Special Provisions.&lt;br /&gt;
# The utility package should be submitted on-time to Central Office with other project plans.&lt;br /&gt;
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===643.2.12.5 Agreement for a Utility Only Project===&lt;br /&gt;
Any of the above agreements can be modified for a utility only project separate from the roadway project. The utility only project may be done by forces hired by the utility owner or by the Commission. A separate utility only project has distinct advantages when the following occurs:&lt;br /&gt;
* The utility work is extensive&lt;br /&gt;
* It must be performed in accordance with the utility owner’s seasonal requirements&lt;br /&gt;
* It extends beyond the limits of the construction project&lt;br /&gt;
* It must be performed considerably in advance of the roadway contract&lt;br /&gt;
&lt;br /&gt;
Necessary environmental and design work is still required for the limits of the separate utility only project. It may be necessary in these cases to have a second agreement with the utility owner to cover any other work that must be performed concurrently with the roadway contract. These latter agreements will use the roadway construction job number. Early need for utility projects is to be determined at the time when the STIP is updated each year. The utility construction funds will be shown in the year right of way funds are assigned. This will be done whenever possible to secure early adjustment of utility facilities. A request by the district is sent to the Planning Division. Estimated dollar amounts for utility adjustments are needed. These are estimates and do not need to be extremely accurate. When a special utility project is established, it is preferred, if at all possible, to include all the utility adjustments necessary for the entire roadway project. If funds are available, additional agreements can be added to this utility project until the final invoice for the first completed agreement is received for payment.&lt;br /&gt;
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===643.2.12.6 Supplemental Agreements===&lt;br /&gt;
For utility owners with a UT01 agreement, a supplemental letter agreement documenting the change in the scope or cost of the work is acceptable.&lt;br /&gt;
&lt;br /&gt;
The UT05: First Supplemental Agreement is used to document changes to UT02 and UT03 agreements. If changes to the scope of work occur that are anticipated to exceed $100,000 or 15% of the original agreement, a UT05 is required. If the final invoice on an actual cost adjustment without changes in the scope of work exceeds the limits shown in the table below, a UT05 is required.&lt;br /&gt;
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{| class=&amp;quot;wikitable&amp;quot; style=&amp;quot;margin-left: 25px; text-align:center&amp;quot;&lt;br /&gt;
! Amount in Original Actual Agreement !! Final Bill Total Exceeds Original Amount by:&lt;br /&gt;
|-&lt;br /&gt;
| 0-$25,000 || 50%&lt;br /&gt;
|-&lt;br /&gt;
| $25,000-$100,000 || 40%&lt;br /&gt;
|-	&lt;br /&gt;
| Exceeds $100,000 || 30%&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
Should multiple UT05s be required with the same utility owner, the UT05 should be modified for additional supplemental agreements. Once the final invoice on an UT05 is submitted to Financial Services, district utilities staff should change the status on the agreement in eAgreements to “completed”.&lt;br /&gt;
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==643.2.13 Utility Adjustments in Roadway Plans and Job Special Provisions (JSPs)==&lt;br /&gt;
It is the responsibility of the MoDOT Transportation Project Manager (TPM) to ensure utility plans of adjustment are shown on the project plans at the Plan, Specification, and Estimate (PS&amp;amp;E) stage based upon information coordinated by the district utilities staff with the appropriate utility owner.&lt;br /&gt;
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===643.2.13.1 Plans===&lt;br /&gt;
A legend showing all applicable utility symbols and the names of the utility owners is shown on the first special utility sheet. In the absence of special utility sheets, this information may be shown on the title sheet or the first plan and profile sheet. The following note is required to be placed on the title sheet or the first plan and profile sheet and the first special utility sheet (if used) to inform contractors of the suitability of the utility information contained on the plans.&lt;br /&gt;
&lt;br /&gt;
&amp;quot;The existence and approximate location of utility facilities known to exist, as shown on the plans, are based on the best information available to the Commission at this time. This information is provided by the Commission &amp;quot;as-is&amp;quot; and the Commission expressly disclaims any representation or warranty as to the completeness, accuracy, or suitability of the information for any use. Reliance upon this information is done at the risk and peril of the user, and the Commission shall not be liable for any damages that may arise from any error in the information&amp;quot;.&lt;br /&gt;
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===643.2.13.2 Job Special Provisions===&lt;br /&gt;
Since the addition of utility information on the plans, supplied by a third party, could subject the Missouri Highway and Transportation Commission to additional liability, a Utility JSP reflecting the status of utility adjustments will be required. The JSP will include the name, address, e-mail address, and telephone number of all utility owner representatives for all utility facilities located on the project. The anticipated adjustment completion date for each utility adjustment is also to be shown based on the agreed upon dates, durations, or completion dates with the utility owner’s representative. This information will inform the bidder of the status of utilities for proper work coordination that could affect the bids for the proposed highway construction project. Status notations will include general notations such as: “N/A”, “Work is in progress”, “Work has not started”, “Work is complete”, and “Work is included in contract.”&lt;br /&gt;
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===643.2.13.3 PS&amp;amp;E Submittal===&lt;br /&gt;
In the District Final Plans Submittal Checklist (D-12), the TPM should note any issues related to existing utility facilities or the adjustment of utility facilities either shown or not shown on the plans. Projects with “No Utility Impacts” such as some overlays, striping, bridge washing, etc. do not need a Utility Status Letter or Utility JSP. The D-12 is used for these projects. In the D-12, under Project Details – “Utilities”, the note “NO” is selected and under “Status”, select “Clear”. For all other projects, the district utilities staff will write a Utility Status Letter. The TPM will include the Utility Status Letter with the submittal of the final plans to the Design Division. The Utility Status will be defined as:&lt;br /&gt;
# Utility facilities are present, but no conflict is anticipated with the highway construction project. Or,&lt;br /&gt;
# All utility facilities requiring adjustment to allow highway construction have been physically adjusted on the project. Or,&lt;br /&gt;
# Utility construction work is planned or active and will be completed to such a point that no impact will be expected to the highway construction project. The status of this work is defined in the utility JSP. Or,&lt;br /&gt;
# Utility facilities are not expected to be adjusted by the notice to proceed date for the road project, but the utility work will have no impact on the progress of the highway construction project. The status of this work is defined in the utility JSP. Or,&lt;br /&gt;
# Utility facilities must be adjusted after the road contractor completes stage construction or in coordination with the contractors’ work. Details of the coordination effort required of the contractor are defined in the utility JSP to properly advise bidders. Or,&lt;br /&gt;
&lt;br /&gt;
# Utility adjustment plans and specifications are included in the bid documents for the highway construction project. A UT04 agreement must be executed.&lt;br /&gt;
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==643.2.14 Payment to Utility Companies for Reimbursable Work==&lt;br /&gt;
Authorization and federal funding obligation must be approved prior to incurring costs. This applies to all types of work on utility facilities including preliminary engineering. An obligation is a commitment by the federal government to reimburse MoDOT for the federal share of a project’s eligible cost.&lt;br /&gt;
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===643.2.14.1 Obligation Process===&lt;br /&gt;
Federal funding can be used with both lump sum and actual cost agreements. After the utility agreement is fully executed, the district utilities staff will email a copy of the utility agreement or the letter agreement referencing the MRUA to the email group OBLIGATE. This email should request the authorization authority for use of federal funds and to be informed of a Notice to Proceed (NTP) (see EPG 643.2.15) date by Financial Services once federal funding has been obligated. District utilities staff should allow three (3) weeks to receive the NTP. Financial Services will use Advance Construction (AC) funding to fund reimbursement to utility owners. With AC funding, state funds initially are used to pay for reimbursement to utility owners. Once construction is complete, with appropriate documentation of the work via the C-9 and C-13, Financial Services will convert to federal funding.&lt;br /&gt;
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===643.2.14.2 Preliminary Engineering===&lt;br /&gt;
On occasion, preliminary engineering (PE) may need to be undertaken by the utility owner prior to the execution of a utility agreement. If a utility owner has a MRUA, an estimate of the cost of the PE work by the utility owner may be used to obligate funding for preliminary engineering under the MRUA as a PE only letter agreement. If a lump sum or actual cost agreement will be required with the utility owner for the project, district utilities staff should do two (2) agreements with one agreement covering PE only, and once a design for the adjustment is obtained, a second agreement for the construction of the adjustment should be executed. If a separate PE only agreement is obtained, NTP will need to be issued twice to the utility owner: once for PE and once for construction.&lt;br /&gt;
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===643.2.14.3 Right of Way===&lt;br /&gt;
Once Notice to Proceed has been given, the utility owner may begin the right of way acquisition process. If the utility owner needs to acquire right of way prior to a full agreement for relocation has been negotiated, the agreement specifically for the acquisition of right of way should be executed. This agreement will be sent to Financial Services to begin the obligation process.&lt;br /&gt;
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===643.2.14.4 Construction===&lt;br /&gt;
Payment to utility owners for construction of the adjustment may occur in a number of phases.&lt;br /&gt;
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====643.2.14.4.1 Prepayment====&lt;br /&gt;
Per the utility agreement, the Commission allows utility owners to be prepaid prior to commencing work. The district utilities staff may negotiate the prepayment if the utility owner is receptive. The utility owner will submit a request for prepayment with an invoice prior to any prepayment. Route, county, and job number must be included in the request. The district utilities staff will submit a request to Financial Services with a copy saved in MoProjects for future reference by the district staff responsible for inspection of the utility adjustment.&lt;br /&gt;
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====643.2.14.4.2 Progress Payments====&lt;br /&gt;
If a utility owner has not been prepaid the entire estimated amount in the utility agreement, then the utility owner may request progress payments after completing a portion of the proposed work, including PE.&lt;br /&gt;
&lt;br /&gt;
Progress payments for PE by consultants should not exceed the &amp;quot;maximum not to exceed amount&amp;quot; shown in the cost estimate unless additional costs are approved first by district utilities staff.&lt;br /&gt;
&lt;br /&gt;
For progress payments, the utility owner is required to submit only a summary of work and materials for which payment is claimed, not a detailed billing. District utilities staff should check only to be sure that sufficient work has been done to justify making the requested payment. Payment should be made for allowable costs incurred up to the date of the progress payment request.&lt;br /&gt;
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Progress payment invoices do not relieve the utility owner of the responsibility of submitting one complete and final invoice upon completion of the adjustment. The utility owner’s address must be shown on the invoice. The district utilities staff should submit progress payment invoices and applicable C-9s to Financial Services within one (1) week of receipt of invoice.&lt;br /&gt;
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One copy of the progress payment and one copy of the district utilities staff letter of recommendation must be sent to Financial Services for payment and be stored in MoProjects. The cover memo should include the project number, route, county, actual cost or lump sum utility agreement, Commission obligation percentage, total cost estimate of Commission obligation, and indicate the progress payment number, i.e., progress payment number 1, 2, 3, etc. If more than one progress payment is requested by the utility company, the district should submit progress payment bills to Financial Services in the following format:&lt;br /&gt;
{| class=&amp;quot;wikitable&amp;quot; style=&amp;quot;margin-left: 25px; text-align:center&amp;quot;&lt;br /&gt;
! Payment !! Amount&lt;br /&gt;
|-&lt;br /&gt;
| Progress Payment #1 || $50,000&lt;br /&gt;
|-&lt;br /&gt;
| Progress Payment #2 || 10,000&lt;br /&gt;
|-	&lt;br /&gt;
| Total Payment to Date || $60,000&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
This format will help clarify payment history with the utility owner. Progress payments for actual cost utility agreements may not exceed the Commission&#039;s total estimated cost shown in the agreement. However, if the request for a progress payment exceeds the original estimate, a change order with explanation should accompany the request. (See EPG 641.2.16.5 Change Orders.)&lt;br /&gt;
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====643.2.14.4.3 Final Payment====&lt;br /&gt;
Utility owners are required to submit a detailed final invoice to MoDOT for all actual cost reimbursable utility work and for any lump sum reimbursable utility work that was not prepaid. For prepaid lump agreements, the utility owner must submit a zero-dollar ($0) invoice to demonstrate the work has been completed. After the utility work has been fully completed, the district utilities staff responsible for inspection should send the utility owner a “60 Day” Final Acceptance Letter requesting a complete final invoice within 60 days, as detailed in the utility agreement. If the final invoice is not received from the utility owner within 30 days, then a follow up letter should be sent (i.e., “30 Day” Reminder Final Invoice Letter) reminding the utility owner of its obligation to submit a final invoice within 60 days of the completed work. If a final invoice from the utility owner is not received within this timeframe, then the district utilities staff should contact the Design Liaison Engineer for guidance on how to close out the work.&lt;br /&gt;
&lt;br /&gt;
The district utilities staff is expected to check the final bill within two (2) weeks after receipt in as much detail as possible against the C-9. It is their responsibility to verify from field records the quantities of labor, equipment, material used, material retired, and to justify all changes made. If the utility owner’s contractor made the adjustment at unit cost prices, then it is the district utility staff’s responsibility to verify the number of units completed and not the hours of labor and equipment. It is also important for the utility owner to show the words “final bill” or “final invoice” on the last bill, in order for MoDOT to understand that no additional charges will be made on the adjustment. The final bill must show a general description of the utility adjustment, the highway project number, the date on which work was completed or last item of billed expense was incurred, and the location where records can be audited. The order of items in the final statement should follow as closely as possible the order of items in the original estimate. A summary, on the utility owner’s letterhead, of the total cost of preliminary engineering, construction engineering, right of way, labor, overhead, construction travel expense, transportation, equipment, materials, supply, handling, and salvage credits should be shown in a way that will permit direct comparison with the approved estimate from the original or supplemental agreements (see EPG 643.2.12.6).&lt;br /&gt;
&lt;br /&gt;
If the Actual Cost final invoice shows a much higher cost than the original estimate without scope change, the utility owner is required to give reasons in a letter to the district utilities staff explaining why the invoice cost increased. When the Actual Cost final invoice exceeds the amount shown in the table in EPG 643.2.12.6, a supplemental agreement is required.&lt;br /&gt;
&lt;br /&gt;
When the district utilities staff has determined that the final invoice is accurate, the C-13 should be completed. Once the C-13 is completed, the C-13 and the final invoice from the utility owner are forward to Financial Services. For Actual Cost agreements, the C-9s should also be included in this transmittal. If no additional payments are required, the district utilities staff should note this in the transmittal as well. If the final invoice indicates previous payments to a utility owner exceeded the final invoice, the utility owner will need to send MoDOT a check for the overpayment amount. The check should be made payable to Director of Revenue – Credit State Road Fund. If the utility owner did not send MoDOT an overpayment check with the final invoice, district utilities staff should send a letter to the utility owner requesting the refund amount. Submittal of the final invoice to Financial Services should not occur until repayment has been received. The submittal to Financial Services should note the receipt of the repayment check.&lt;br /&gt;
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==643.2.15 Notice to Proceed==&lt;br /&gt;
For PE only, once an agreement has been executed, and Financial Services has advised that authorization from FHWA has been received, district utilities staff will issue a notice to proceed (NTP) letter to the utility owner for the PE. For agreements that include PE and construction or once a final agreement for construction has been executed, right of way clearance has been issued, and Financial Services has advised that authorization from FHWA has been received, the district utilities staff will issue NTP to the utility owner for construction. See Example of Notice to Proceed Letter. If salvage credit is part of the agreement with the utility owner, the NTP letter should include a statement that the utility owner will need to inform district utilities staff of the time and place that inspection may be made of the removed material. The utility owner may be held accountable for full value of materials disposed without proper notice. Utility owners may purchase materials prior to NTP for construction; however, no other work on the adjustment necessary to allow highway construction may begin prior to NTP for construction. The utility owner, for reasons of planning their workload or due to seasonal situations, may request early authorization to perform the work. This request, with the district utilities staff recommendations, is sent to the Design Liaison Engineer for further handling, approval, and advancement of the necessary funds. A copy of the NTP should be saved in MoProjects. If a utility owner begins adjustments prior to NTP for construction, district utilities staff should notify the utility owner immediately in writing that reimbursement will not be made for work done prior to NTP for construction.&lt;br /&gt;
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==643.2.16 Construction of Utility Adjustments==&lt;br /&gt;
===643.2.16.1 Utility Owner Self-Perform===&lt;br /&gt;
As per 23 CFR 645.115 Construction, it may be cost-effective for certain utility adjustments to be performed by a utility owner with its own internal forces and equipment, provided the utility owner is qualified to perform the work in a satisfactory manner. This cost-effectiveness finding covers minor work on the utility owner’s existing utility facilities routinely performed by the utility owner with its own forces.&lt;br /&gt;
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===643.2.16.2 Construction Contract Requirements===&lt;br /&gt;
When the utility owner is not adequately staffed and equipped to perform such work with its own forces and equipment at a time convenient to coordination with the associated highway construction, such work may be done one of four ways for utility adjustments:&lt;br /&gt;
# MoDOT can provide the construction services, via awarded contract to the lowest qualified bidder based on appropriate solicitation. This can be done by including the adjustment work in the roadway improvement project (EPG 643.2.12.4 Utility Agreement for Utility Work Included in Roadway Improvement Project) or by having a utility only project (EPG 643.2.12.5 Utility Only Project).&lt;br /&gt;
# The utility owner can award a construction contract to the lowest qualified bidder based on appropriate solicitation.&lt;br /&gt;
# The utility owner can utilize an existing continuing contract, provided the costs are reasonable (see EPG 643.2.9.1 Independent Cost Estimate).&lt;br /&gt;
# The utility owner can contract for low-cost incidental work, such as tree trimming and the like, without competitive bidding, provided the costs are reasonable (see EPG 643.2.9.1 Independent Cost Estimate).&lt;br /&gt;
&lt;br /&gt;
When a utility owner chooses option 2 to award its own new construction contract, the utility owner must provide the following documents and information to the district utilities staff. These documents need to be provided as soon as the utility owner has chosen to pursue a construction contract. Document 1 must be supplied by all utility owners. Documents 2 and 3 are only required when the utility owner is a local government agency who is also a political subdivision of the state of Missouri (e.g., city-owned utilities, county-owned utilities). All other utility owners are encouraged, but not required, to provide Documents 2 and 3.&lt;br /&gt;
# A statement that the utility owner is not staffed or able to perform the required construction activities with its own forces.&lt;br /&gt;
# A copy of the request for proposal used to secure bids.&lt;br /&gt;
# A list of a minimum of 3 bidders whom they believe can do the work. &#039;&#039;&#039;Political subdivisions are required to advertise for the work&#039;&#039;&#039;.&lt;br /&gt;
# Upon review of these documents, the district utilities staff will advise the utility owner to proceed with the solicitation of bids, but the utility owner will not be permitted to award the contract without the concurrence of district utilities staff. For lump sum agreements, approval of contract work and subcontract work is not required.&lt;br /&gt;
&lt;br /&gt;
The following documents need to be provided as soon as the utility owner has determined the lowest qualified contractor and would like to award the project. Document 1 must be supplied by all utility owners. Document 2 is only required when the utility owner is a local government agency who is also a political subdivision of the state of Missouri (e.g., city-owned utilities, county-owned utilities). All other utility owners are encouraged, but not required, to provide Document 2.&lt;br /&gt;
# The name address of the lowest qualified contractor.&lt;br /&gt;
# The tabulation of bids received and other information to support their recommendation for award to the lowest qualified bidder.&lt;br /&gt;
&lt;br /&gt;
The district utilities staff will review and approve the utility owner&#039;s bid information prior to the award of the contract. The Design Liaison Engineer is available to assist the district with review of bid information if necessary. Once the district utilities staff provides concurrence, the utility owner may proceed with awarding the contract. When the utility owner is a local government agency who is also a political subdivision of the state of Missouri (e.g., city-owned utilities, county-owned utilities), a copy of the executed contract must be shared with the district utilities staff. All other utility owners are encouraged, but not required, to provide a copy of the executed contract.&lt;br /&gt;
&lt;br /&gt;
A checklist is available for reviewing contracts to ensure the contract conforms to MoDOT policy and complies with applicable federal regulations.&lt;br /&gt;
&lt;br /&gt;
When a utility owner chooses to utilize a an existing continuing contract, the utility owner will submit a copy of the contract to the district utilities staff. The district utilities staff will review the contract for reasonableness of cost. If district utilities staff and the utility owner’s representative cannot agree on the reasonableness of cost, then the utility owner will be required to award a new construction contract.&lt;br /&gt;
&lt;br /&gt;
===643.2.16.3 Inspection===&lt;br /&gt;
The degree of inspection needed for utility adjustments will vary considerably with the nature and location of the work and whether the Commission is responsible for any portion of the cost of reimbursement. Judgment must be used regarding the manner and regularity of inspection duties. Some phases of the work require a very close check to ensure that the highway will not be adversely affected and to ensure satisfactory performance of work in accordance with the agreement and plans. The degree of inspection may vary from spot checking of overhead installations to continuous close observation of backfilling trenches beneath proposed pavement, embankment area, or adjacent to bridge abutments. Proper inspection can ensure that the utility adjustment is completed as efficiently as possible to minimize future impacts to the utility facility and the highway construction project. A [https://epg.modot.org/forms/general_files/DE/UtilityFieldInspectionChecklist.docx Field Inspection Checklist] to assist district utilities staff responsible for inspection is available.&lt;br /&gt;
&lt;br /&gt;
If it is found that any actual cost reimbursable utility adjustment is being performed by unapproved contractors, district utilities staff should direct the work to stop. The utility owner’s representative should be informed immediately and should be advised in writing that the costs incurred by an unapproved contractor are not eligible for reimbursement under provisions of the agreement. The district utilities staff can take appropriate steps to approve a subcontract and advise when the utility owner can recommence work.&lt;br /&gt;
&lt;br /&gt;
===643.2.16.4 Documentation===&lt;br /&gt;
All documents related to the construction of the utility adjustment necessary to allow highway construction should be stored in MoProjects.&lt;br /&gt;
&lt;br /&gt;
Construction records must be kept to confirm that work is done in accordance with the terms of the agreement and in the manner proposed in the plans. The importance of a complete and accurate record cannot be overemphasized. Detailed records are necessary to support the recommendation for payment of the final invoice. A complete, separate daily record must be kept on each actual cost adjustment and submitted for review when the final invoice is recommended for payment. This district utilities staff responsible for inspection should complete the Daily Utility Report (C-9).&lt;br /&gt;
&lt;br /&gt;
====643.2.16.4.1 Utility Reports====&lt;br /&gt;
The Daily Utility Report ([https://epg.modot.org/forms/general_files/DE/C-9.docx Form C-9]) and the Final Utility Report ([https://epg.modot.org/forms/general_files/DE/C-13.docx Form C-13]) are used for documenting utility adjustments necessary to allow highway construction. The use of C-9s and C-13s will vary with method of reimbursement. For utility adjustments necessary to allow highway construction that overlap with the highway contractor’s work, progress records should be kept as necessary to coordinate the highway and utility construction activities. Sufficient records must be maintained to check and verify the items of labor, equipment, materials, and salvaged items as submitted on the final invoice.&lt;br /&gt;
&lt;br /&gt;
=====643.2.16.4.1.1 Daily Utility Report (C-9)=====&lt;br /&gt;
C-9s are only required for actual cost agreements. The district utilities staff responsible for inspection must in all cases keep records to document inclement weather, down time, and verbal authorization for minor changes. The district utilities staff responsible for inspection must complete a C-9 documenting the number and classification of employees and number of hours worked. Records of material used and of retired materials returned to stock or scrapped must be kept. The utility owner’s major items of equipment must also be recorded. When work is done by the contract method based on unit prices, the district utilities staff responsible for inspection should ascertain that units of work as provided in the bid proposal are measured and recorded to form a basis for checking the final invoice. C-9s should list the location and the number of units of work accomplished for that period. If contract labor or equipment is used by a utility owner on the basis of a bid per hour, per day, etc., it will be necessary to keep records on this labor or equipment time in the same manner as if the utility owner were performing the work with its own internal forces. District utilities staff responsible for inspection should also note all contractors working for the utility owner and the contractor approval authorization dates given in the agreement.&lt;br /&gt;
&lt;br /&gt;
=====643.2.16.4.1.2 Final Utility Report (C-13)=====&lt;br /&gt;
C-13s summarize that the utility adjustment work that was done in accordance with the agreement and plans, the percentage of total cost that is the responsibility of the Commission, and any progress payments that have been made. A C-13 is required for both actual cost and lump sum agreements. The requested numbers shown on line 9 (Commission Estimated Cost) and line 10 (Amount of Final Bill) in the report are the Commission’s total responsibility.&lt;br /&gt;
&lt;br /&gt;
====643.2.16.4.2 Breakdown and Emergency====&lt;br /&gt;
When breakdown and emergency situations occur, prior approval by MoDOT is not required for contract or equipment rental work unless the cost or period of time will be extensive. The utility owner should furnish a letter as soon as possible to explain the situation and set out the estimated costs involved. The district utilities staff’s records should substantiate the need and the changes for personnel and equipment.&lt;br /&gt;
&lt;br /&gt;
====643.2.16.4.3 Stop Work====&lt;br /&gt;
If at any point, a stop work order is given by MoDOT to a utility owner, written documentation of the stop work order should be saved in MoProjects.&lt;br /&gt;
&lt;br /&gt;
===643.2.16.5 Change Orders===&lt;br /&gt;
Any change in the plan of adjustment should be documented in writing to the utility owner as a change order. If the change order is anticipated to exceed $100,000 or 15% of the original agreement amount, district utilities staff should negotiate a supplemental agreement with the utility owner’s representative. Once a supplemental agreement is in place, district utilities staff should contact Financial Services to obtain an adjustment of the obligation mid-project. Change orders without supplemental agreements will be settled once the project is complete.&lt;br /&gt;
&lt;br /&gt;
====643.2.16.5.1 Actual Cost Agreement====&lt;br /&gt;
Slight modifications in quantities or the addition of minor items not included with the original agreement do not require a supplemental agreement. However, such changes should be documented in writing with the utility owner. A supplemental agreement is needed if costs exceed the above threshold or if there is a change in the percentage of cost that is the Commission’s responsibility on an agreement with shared responsibility for costs. Intermediate partial payments cannot be made on items in a supplemental agreement until the supplemental agreement is approved.&lt;br /&gt;
&lt;br /&gt;
====643.2.16.5.2 Lump Sum Agreement====&lt;br /&gt;
A supplemental agreement to a Lump Sum Agreement is only required for significant changes in the scope of work of the utility adjustment necessary to allow highway construction. Normal overruns are not considered as changes in approved work and will not be reimbursed. Significant changes in the scope of work on utility adjustments necessary to allow highway construction cannot be done until the supplemental agreement is approved, and the adjustment in obligation of funds is complete.&lt;br /&gt;
&lt;br /&gt;
==643.2.17 Utilities during Highway Construction==&lt;br /&gt;
The contractor is responsible for having utilities located by contacting Missouri One-Call (811) prior to any excavation on the project. A reminder of this responsibility should be made at the preconstruction meeting.&lt;br /&gt;
&lt;br /&gt;
===643.2.17.1 Preconstruction Meeting (Pre-Con)===&lt;br /&gt;
District utilities staff should be invited to all pre-cons.&lt;br /&gt;
&lt;br /&gt;
Pre-cons fall into three categories relating to utilities:&lt;br /&gt;
# No utility adjustments are anticipated within the project limits,&lt;br /&gt;
# All utility adjustments completed prior to the pre-con, and&lt;br /&gt;
# All utility adjustments not completed prior to the pre-con.&lt;br /&gt;
&lt;br /&gt;
====643.2.17.1.1 No Utility Adjustments Anticipated within the Project Limits====&lt;br /&gt;
For projects without a Utility Job Special Provision (JSP), no involvement of the utility owners is required at the pre-con. For projects with a Utility JSP, the Resident Engineer (RE) should invite all utility owner representatives listed in the JSP with known required adjustment to the pre-con. The RE should review potential impacts of the highway construction project with the contractor and the utility owner.&lt;br /&gt;
&lt;br /&gt;
====643.2.17.1.2 All Utility Adjustments Completed Prior to the Pre-Con====&lt;br /&gt;
The RE should invite all utility owner representatives listed in the JSP with known required adjustment to the pre-con. The RE should review potential impacts of the highway construction project with the contractor and the utility owner. A general discussion should highlight the previous adjustments made by the utility owner and what abandoned utility facilities the contractor may encounter.&lt;br /&gt;
&lt;br /&gt;
====643.2.17.1.3 All Utility Adjustments Not Completed Prior to the Pre-Con====&lt;br /&gt;
It is important for the RE and inspector to understand the utility owner’s work schedule and how it relates to the contractor’s work schedule. During the pre-con, the schedule of the utility owner and highway construction contractor should be discussed, and conflicts should be addressed to allow utility adjustments and highway construction to progress as near to the proposed schedule as possible. On large-scale projects that have many utility issues to address that could impact the work of the highway construction contractor, it may be necessary to have a separate pre-con with utility owner representatives.&lt;br /&gt;
&lt;br /&gt;
===643.2.17.2 Coordination Meetings===&lt;br /&gt;
When the utility work will not be completed soon after the preconstruction meeting, the RE should meet with district utilities staff, the highway construction contractor, and the utility owner representatives on a regular basis to discuss utility coordination issues, so expectations from all parties are known and conveyed clearly. The utility owner may need some work performed by MoDOT or the highway construction contractor prior to completing their adjustments. (Examples include: survey staking of right of way or proposed facilities, trees cleared, grading performed, or new structures built).&lt;br /&gt;
&lt;br /&gt;
==643.2.18 Service Drops==&lt;br /&gt;
Power and communication services provided by utility owners are necessary for the operation of the highway system. These services may include power to traffic signals, lighting, or ITS devices; power for cathodic protection; or telecommunication services to signal controllers or ITS devices. The project design teams should work with district utilities staff to identify proper locations for the applicable utility owners to provide these services. Various utility owners have different requirements for this process. The district utilities staff is encouraged to develop a workable relationship with the utility owners who provide these services to MoDOT. The costs of installing the services charged by the utility owner are considered a non-contractual item and should be accounted for in the project’s budget in the STIP. The proposed location and method for the service drops should be shown on the roadway plans. District utilities staff should meet with the utility owner’s representative to ensure the proposed location can be accommodated by the utility owner. For electrical service connections, the power supply assembly is ideally located a maximum of ten feet (10’) from the source location. Plans submitted for PS&amp;amp;E should reflect the agreed upon location for all service connections. During construction, district utilities staff and district construction staff should work together to ensure the placement of the services is consistent with the project plans. Payment for the service drops should be invoiced by the utility owner to the district. District utilities staff is responsible for submission of the invoice directly to Financial Services for payment noting the non-contractual charges for the project.&lt;br /&gt;
&lt;br /&gt;
==643.2.19 Buy America Build America for Utilities==&lt;br /&gt;
FHWA’s Buy America Build America (BABA) policies require a domestic manufacturing process for all steel or iron products, other construction materials, and manufactured products that are permanently incorporated into Federal-Aid Highway construction projects, including products and materials used for adjustments to utility facilities to allow highway construction. These guidelines are for all federally reimbursable transportation projects where FHWA is the lead federal agency; it does not take precedence over projects where Federal Transit Administration or the Federal Railroad Administration is deemed the be the lead federal agency.&lt;br /&gt;
&lt;br /&gt;
===643.2.19.1 Program Requirements for Utilities===&lt;br /&gt;
All MoDOT projects are federal-aid projects, and therefore, all reimbursable utility adjustments are required to follow the provisions of BABA. More information on MoDOT’s BABA policy and procedures can be found in [[106.9_Buy_America_Requirement|EPG 106.9 Buy America Requirement]]. Specifically, utility owners should be aware of the following procedures for determining applicability of the EPG 106.9 requirements to reimbursable utility adjustments necessary to allow highway construction:&lt;br /&gt;
* BABA does not apply when materials are relocated from one location to another within the project limits.&lt;br /&gt;
* BABA does not apply for materials necessary for temporary utility adjustments assuming materials are removed from the right of way upon completion of the utility adjustment to allow highway construction.&lt;br /&gt;
* Non-reimbursable work must be kept separate from reimbursable work (agreements, permits, etc.) in order to not be subject to BABA.&lt;br /&gt;
&lt;br /&gt;
===643.2.19.2 Certification Requirements for Utilities===&lt;br /&gt;
Utility owners have the option of choosing either to self-certify BABA compliance or provide vendor/manufacturer certification to MoDOT. The method of certification is chosen by the utility owner and is documented in either the MRUA or the project specific agreement. Regardless of agreement type or certification method, the utility owner must be compliant with BABA requirements.&lt;br /&gt;
&lt;br /&gt;
====643.2.19.2.1 BABA Utility Owner Self-Certification====&lt;br /&gt;
If a utility owner chooses to self-certify BABA compliance, the utility owner is not required to provide MoDOT copies of the supplier certification as part of the project documentation or with the final invoice for any reimbursable utility adjustment necessary to allow highway construction. Retention of all documents should be as described in the agreement.&lt;br /&gt;
&lt;br /&gt;
====643.2.19.2.2 BABA Vendor/Manufacturer Certification====&lt;br /&gt;
If a utility owner chooses to use vendor/manufacturer certification, the utility owner will supply MoDOT BABA compliance from all vendors and/or manufacturers. Certification from vendors will be signed by an authorized representative of the vendor on company letterhead or other acceptable documentation and will declare that all supplied materials subject to BABA requirements are fully compliant. Certification from iron or steel manufacturers must be in the form of a mill test report (MTF) issued and signed by the initial fabricator stating the materials subject to BABA were melted and manufactured in the United States. Other written statements on company letter or other acceptable documentation signed by an authorized representative of the manufacturer for any additional treatment to the fabricated material (such as blasting, galvanizing, painting, or coating) will state that all treatment processes occurred in the United States according to FWA guidelines. Retention of all documents should be as described in the agreement. Manufacturer certification for manufactured products or construction materials will state that all materials were sourced from the United States and were fabricated in the United States. Retention of all documents should be as described in the agreement.&lt;br /&gt;
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&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643.4 Railroads (NO CHANGE) &#039;&#039;PAGE TITLE&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;&lt;br /&gt;
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==236.5.12 Excess Land Conveyances &amp;amp; Relinquishments - Utilities==&lt;br /&gt;
All conveyances and relinquishments of Commission-owned property shall be evaluated for the existence of any utility facilities located within the areas to be conveyed or relinquished. A conveyance or relinquishment of Commission-owned property may have implications to the utility facilities, and the utility owners, when the Commission no longer controls the property. It is important to maintain the continuity of utility facilities for the general public; therefore, to identify and minimize potential impacts, MoDOT shall involve utility owners in the conveyance and relinquishment processes.&lt;br /&gt;
&lt;br /&gt;
===236.5.12.1 Excess Land Conveyances Utilities===&lt;br /&gt;
MoDOT shall only recommend that a property be declared excess upon satisfactorily addressing the utility impacts. Whether MoDOT or an external party initiates the conveyance of excess property, utility impacts shall be adequately addressed by using one of the following methods: &lt;br /&gt;
:1. Each utility facility will be relocated by permit into a new utility corridor retained by the Commission.&lt;br /&gt;
:2. Each utility facility will remain in place with the benefit of a non-exclusive permanent utility easement.&lt;br /&gt;
::&#039;&#039;If the Commission holds fee simple title to the property, the Commission shall convey a non-exclusive permanent utility easement to each utility owner&#039;&#039;.&lt;br /&gt;
::&#039;&#039;If the Commission holds a less than fee simple title interest in the property, MoDOT shall facilitate the conveyance of a non-exclusive permanent utility easement from the party acquiring the property to each utility owner&#039;&#039;.&lt;br /&gt;
:3. Each utility facility will be relocated to another portion of the property being conveyed.&lt;br /&gt;
::&#039;&#039;If the Commission holds fee simple title to the property, the Commission shall convey a non-exclusive permanent utility easement to each utility owner&#039;&#039;. &lt;br /&gt;
::&#039;&#039;If the Commission holds a less than fee simple title interest in the property, MoDOT shall facilitate the conveyance of a non-exclusive permanent utility easement from the party acquiring the property to each utility owner&#039;&#039;.&lt;br /&gt;
:4. Each utility facility will be relocated onto a portion of the property already owned by the party acquiring the Commission-owned property, with the benefit of a non-exclusive permanent easement. (MoDOT shall facilitate the conveyance of a non-exclusive permanent utility easement from the party acquiring the property to each utility owner.)&lt;br /&gt;
:5. A three-party negotiated settlement taking into consideration the overall value of the proposed transaction.&lt;br /&gt;
:6. Additional options to address utility impacts may be utilized with approval from the Asst. to the State Design Engineer - Right of Way.&lt;br /&gt;
&lt;br /&gt;
===236.5.12.2 Road Relinquishment Utilities===&lt;br /&gt;
MoDOT shall only recommend the relinquishment of roadways through the [[236.14 Change in Route Status Report|Change in Route Status Report]] upon satisfactorily addressing the impacts to utility facilities. If the roadway will be relinquished to a local public transportation authority, with the intent that it continues to be used as a public roadway, a clause similar to the following shall be included in the deed from the Commission to the local public transportation authority:&lt;br /&gt;
:&#039;&#039;&amp;quot;Grantee, by acceptance of this conveyance, covenants and agrees for itself, its successors and assigns, to allow known or unknown utility facilities currently located on the property, whether of record or not, to remain on the property, and to grant the current and subsequent owners of those facilities the right to maintain, construct and reconstruct the facilities and their appurtenances over, under, and across the land herein conveyed, along with the right of ingress and egress across the land herein conveyed to and from those utilities.&amp;quot;&#039;&#039; &lt;br /&gt;
&lt;br /&gt;
Proposed roadway relinquishments to private entities shall be reviewed in a manner consistent with the conveyance of excess property described in [[236.5 Property Management#236.5.3 Asset Management Committee|EPG 236.5.3 Asset Management Committee]].&lt;/div&gt;</summary>
		<author><name>Hoskir</name></author>
	</entry>
	<entry>
		<id>https://epg.modot.org/index.php?title=User:Hoskir/Revision_Request_4225&amp;diff=58870</id>
		<title>User:Hoskir/Revision Request 4225</title>
		<link rel="alternate" type="text/html" href="https://epg.modot.org/index.php?title=User:Hoskir/Revision_Request_4225&amp;diff=58870"/>
		<updated>2026-06-22T15:04:16Z</updated>

		<summary type="html">&lt;p&gt;Hoskir: /* 643.2.6.2 Continuing Consultant Contracts */&lt;/p&gt;
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&lt;div&gt;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643 Utility Procedures  &#039;&#039;CATEGORY&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt; &lt;br /&gt;
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| ● [https://www.ecfr.gov/current/title-23/chapter-I/subchapter-G/part-64523 CFR 645]&lt;br /&gt;
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| ● [https://www.sos.mo.gov/cmsimages/adrules/csr/current/7csr/7c10-3.pdf7 CSR 10-30]&lt;br /&gt;
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&#039;&#039;&#039;Utility Accommodation Policy:&#039;&#039;&#039; State DOTs are required to develop policies and procedures pertaining to the use, accommodation, and/or relocation of public and private utility facilities on highway rights-of way using Federal-aid highway funds. State DOTs are required to develop, maintain, and obtain FHWA approval of their Utility Accommodation Policy (UAP) (23 CFR section 645.215). This EPG article 643 and subarticles 643.1 through 643.3 are Missouri Department of Transportation (MoDOT)’s Utility Accommodation Policy. Text in EPG 643 consolidates various federal and state statutes and rules into a single, cohesive, workable policy to outline processes for MoDOT staff and utility owners.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Delegation of Work:&#039;&#039;&#039; Each MoDOT district is responsible for ensuring implementation of the UAP outlined in the subsequent EPG articles. Each district can create its own organization for whom is responsible for the work including between divisions and job titles. Work responsibilities within this article and subarticles are generic where possible. If a specific title is included, that title has sole responsibility for that item of work.&lt;br /&gt;
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[[media:144 Major Highway System 2022.pdf|major routes]]&lt;br /&gt;
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&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643.1 Utility Location  &#039;&#039;PAGE TITLE&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt; &lt;br /&gt;
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The information in this article provides a uniform system for regulating the location, construction, maintenance, removal, and relocation of utility facilities on the right of way of roadways located on the state highway system. It also provides for the facilitation of construction and maintenance of these roadways. Any location or relocation of utility facilities contrary to this information is an interference with the construction, maintenance, or operation of a state highway and its right of way and is prohibited.&lt;br /&gt;
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==643.1.1 Permits==&lt;br /&gt;
All utility owners are required to obtain a permit to work on Missouri Highway and Transportation Commission (Commission) right of way. A permit is required for original installation of the utility facility, on-going maintenance of the utility facility, or adjustments to a utility facility necessary to allow highway construction. Per [[127.29_Stormwater#127.29.4.3_MCM_3:_Illicit_Discharge_Detection_and_Elimination_(IDDE)_Program|EPG 127.29.4.3]], discharges of anything other than stormwater are not permitted. A deposit or bond is required to ensure completion of the work in accordance with the permit issued. An [https://www.modot.org/permits application for a permit] may be made on established forms specifically stating the nature of the work to be performed. Applications for permits may be obtained at any of the [https://www.modot.mo.gov/ seven (7) district highway offices] of the Commission, [https://www.modot.mo.gov/ MoDOT&#039;s website], or by requesting it from the office of the Missouri Highways and Transportation Commission in Jefferson City, Missouri. The application for a permit will specifically state the nature of the work to be performed, what specific type of utility facility is to be installed, and, if necessary, the timeframe of any temporary use. Piping of any type of sewage or waste will only be allowed providing any permitting by a regulatory agency, such as Missouri Department of Natural Resources, can be provided. Prior to obtaining a permit through MoDOT’s permit system, a utility owner will be required to provide a bond to ensure satisfactory work and complete a TR50 Electronic Signature Agreement with the Commission. The name of the utility owner must match on the bond, TR50, and in the permit system. More information on permitting can be found in [[:Category:941_Permits_and_Access_Requests|EPG 941]].&lt;br /&gt;
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===643.1.1.1 Emergency Work===&lt;br /&gt;
When emergency operations work is necessary, the damaged utility facility may be accessed immediately and without a permit by leaving the pavement at such points as may be necessary to effect emergency repairs, provided immediate notice is given to the Missouri State Highway Patrol and the district utilities staff for the district wherein the work will be performed, and a permit for emergency operations is requested immediately upon discovery of the need for emergency operations. A permit for emergency operations work is to be obtained as soon as practical, but in no event later than two (2) working days after the emergency operations work has commenced. Emergency operations include, but are not limited to, unplanned work in response to utility facilities being so damaged as to constitute an emergency situation directly affecting or endangering traffic on the highway or public health or safety.&lt;br /&gt;
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===643.1.1.2 Third-Party Inspection===&lt;br /&gt;
When a utility owner has a large number of projects in a given area or projects involving great complexity, MoDOT reserves the right to limit the number of permits open at any given time. With approval of the district utilities staff, a utility owner may hire a third-party inspector, at their cost. The third-party inspector will allow the utility owner to increase the number of permits open at any given time. The responsibility of the third-party inspector will be to ensure the installation of the utility facility proceeds in a manner consistent with the plans approved in the permit, including all work zone requirements and conformity with MoDOT’s Standards and Specifications. The MoDOT approved third-party inspector will be listed in the permit. MoDOT may audit third-party inspections and revoke the right to use third-party inspections should the inspectors fail to perform their duties.&lt;br /&gt;
&lt;br /&gt;
===643.1.1.3 Abandoned Utility Facilities===&lt;br /&gt;
All utility facilities installed in Commission right of way are the property of the utility owner whether the utility facility is active or inactive. MoDOT may allow a utility facility to remain on Commission right of way whether the utility facility was abandoned for a MoDOT project or at the utility owner’s discretion. MoDOT may place requirements (such as removing inactive fiber optic cables, grouting pipes, removing valves) on the utility owner as part of the process of abandoning a utility facility. Liability for damage to Commission right of way due to an abandoned facility remains the responsibility of the utility owner. In the event MoDOT requires the removal of the abandoned utility facility, responsibility for the cost of the removal will be determined per [[643.2_Local_Utility_Adjustments_-_Public_and_Private#643.2.8_Preliminary_Engineering_(PE)_Requirements|EPG 643.2.8]].&lt;br /&gt;
&lt;br /&gt;
==643.1.2 Definitions==&lt;br /&gt;
&#039;&#039;&#039;Bridge Attachment:&#039;&#039;&#039; A bridge attachment is any utility facility, including communication lines and electrical lines, or any other utility facility of a similar nature that is fastened to a bridge for the purpose of spanning an obstacle.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Clear zone:&#039;&#039;&#039; The total roadside border area starting at the edge of the traveled way, available for safe use by errant vehicles. This area may consist of a shoulder, a recoverable slope, a non-recoverable slope, and/or the area at the toe of a non-recoverable slope available for safe use by an errant vehicle. Clear zone dimensions are provided in the current edition of American Association of State Highway Transportation Officials Roadside Design Guide.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Ditch Line:&#039;&#039;&#039; A line where the roadway ditch meets the back slope. It is located at the lowest point of a V-bottom ditch or furthest point from the roadway of a flat bottom ditch where the roadway slopes back to the existing ground line.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Duct:&#039;&#039;&#039; An enclosed tubular casing, or raceway, for protecting wires, lines, or cables that is often flexible or semi-rigid (1-3% diametric deflection). The casing, or raceway, is separate from the cable or conductor that passes through it.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Encasement:&#039;&#039;&#039; The term encasement means the placing of an installation around and outside of an underground facility consisting of a larger conduit that permits the removal and replacement of the facility. An alternate to the conduit type encasement is reinforced concrete poured around the utility facility. Utility owners are allowed to use any types of material as a carrier and encasement for its facilities as expressly provided for in the permit issued for the installation of the utility facility.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Freeway:&#039;&#039;&#039; A divided arterial highway with full control of access.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Highway:&#039;&#039;&#039; Any public way for vehicular travel, including the entire area within the right of way and related facilities constructed or improved and maintained by the Missouri Highways and Transportation Commission (MHTC) acting through the Missouri Department of Transportation (MoDOT).&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Interchange Limits:&#039;&#039;&#039; For the uniform handling of utility installations only, the limits of an interchange are the outside ramp curve points. See [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_1_TypicalInterchangeLimits_AOD.pdf EPG Figure 643.1.1] for an example.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Interstate System or Other Freeways/Expressways:&#039;&#039;&#039; Interstate highways and highways with fully controlled access.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Major Routes (Interstates, Freeways/Expressways and Principal Arterials):&#039;&#039;&#039; The major highway system is all routes functionally classified as principal arterials. The principal arterial system provides for statewide or interstate movement of traffic. The major roads in Missouri total approximately 5,500 centerline miles.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Minor Routes:&#039;&#039;&#039; The minor highway system is all routes functionally classified as minor arterials or collectors. These routes mainly serve local transportation needs. The minor roads in Missouri total approximately 28,400 centerline miles.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Normal Right of Way Line:&#039;&#039;&#039; An imaginary line that connects sudden breaks in the major right of way points for roadways. Sight distance right of way points (triangles) at roadway intersections are not to be considered as sudden breaks for determining normal right of way.&lt;br /&gt;
[[File:fig_643.1.2-06_2026.jpg|none|700px|thumb|Figure 643.1.2 Normal Right of Way Line.]]&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Private Lines:&#039;&#039;&#039; Privately owned utility facilities which convey or transmit the commodities outlined in the definition of utility facility of this section but devoted exclusively to private use.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Scenic Enhancement Areas:&#039;&#039;&#039; Scenic enhancement areas include areas acquired or so designated as scenic strips, overlooks, rest areas, recreation areas, and the right of way of adjacent roadways and the right of way of roadways that pass through public parks and historic sites as described under 23 USC 138.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Utility Corridor:&#039;&#039;&#039; An area established for the placement of utility facilities parallel to the normal right of way line.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Utility Facility:&#039;&#039;&#039; Privately, publicly, or cooperatively owned line, facility, or system for producing, transmitting, or distributing communications, cable television, power, electricity, light, heat, gas, oil, crude products, water, steam, waste, storm water not connected with highway drainage or any other similar commodity, including any fire or police signal system or street lighting system which directly or indirectly serves the public and does not include privately owned facilities devoted exclusively to private use. The term &amp;quot;utility facility&amp;quot; includes those facilities used solely by the utility owner that are a part of its operating plant.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Utility Owner:&#039;&#039;&#039; The utility owner is the utility company, inclusive of any wholly owned or controlled subsidiary, or city or county which owns utility facilities. The term also includes those government agencies that lease a utility facility for its own use or otherwise dedicated solely to governmental use.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Variance:&#039;&#039;&#039; A one- (1-) time deviation from the requirements for location or relocation of utility facilities on the right of way of highways in the state highway system as established in [https://www.sos.mo.gov/cmsimages/adrules/csr/current/7csr/7c10-3.pdf Title 7 Code of State Regulations 10-3], requested by the utility, and approved by a MoDOT District Design Engineer.&lt;br /&gt;
&lt;br /&gt;
==643.1.3 Location of Utility Facilities==&lt;br /&gt;
Utility facilities paralleling the roadway should be installed in the utility corridor except as outlined below. The utility corridor is the space for all utility owners generally within six feet (6’) of the normal right of way line. When considering if the current utility corridor is available to expand from six feet (6’) to as much as twelve feet (12’), MoDOT determines if the expansion is warranted. In making the determination, MoDOT will consider the existing utilization of the original six feet (6’) corridor. Poles must remain within two feet (2’) of the normal right of way line unless approved by a variance. The utility corridor will only be expanded beyond six feet (6’) if the original six feet (6’) corridor is fully utilized and additional space would be required to accommodate additional utility facilities. Acquisition of additional right of way to establish a twelve feet (12’) corridor is not required on highway construction projects. For depths for underground utility facilities, see [[#643.1.4.1_Minimum_Cover_for_Underground_Facilities|EPG 643.1.4.1]].&lt;br /&gt;
&lt;br /&gt;
Utility facilities crossing the roadway should be installed as close to ninety degrees (90°) to the centerline of the roadway as possible and based on the guidelines below depending on the type of roadway. See [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_3_TypicalUtilityCorridor-InterchangeatMajorRoute_AOD.pdf EPG Figure 643.1.3] and [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_4_TypicalUtilityCorridor-InterchangeatMinorRoute_AOD.pdf EPG Figure 643.1.4] for typical utility corridors around interchanges.&lt;br /&gt;
&lt;br /&gt;
===643.1.3.1 Interstate System or Other Major Freeways/Expressways===&lt;br /&gt;
The installation of all utility facilities on highways of the Interstate System or other major freeways/expressways with fully controlled access are to be installed, serviced, and maintained without entering or leaving the roadway and ramps except at points approved by MoDOT for that purpose and without parking any equipment or storing materials upon the medians, roadway and ramps, or shoulders of the roadways. Cutting or damaging the pavement or paved shoulders is not permitted. New service connections to existing parallel utility facilities are to be permitted only where an outer roadway exists and then only where access is permitted by the Commission. Careful consideration will be given to the location of guys, anchors, braces, and other supports. Generally, good design practice will provide that appurtenances be located at right of way jogs, along intersecting road right of way, or at other similar acceptable locations, so that encroachment is held to an absolute minimum.&lt;br /&gt;
&lt;br /&gt;
No utility facilities will be permitted within the interchange limits of an interchange between fully limited access highways where planned or existing. Utility facilities within the interchange limits of an interchange with a non-access controlled highway will be permitted only along the minor road, provided that all construction, service, and maintenance can be performed from the minor road. Manholes and poles must be located beyond the ramp termini.&lt;br /&gt;
&lt;br /&gt;
For structures carrying or over interstates or other major freeways/expressways, see [[#643.1.5_Bridge_Attachment_Policy|EPG 643.1.5]].&lt;br /&gt;
&lt;br /&gt;
====643.1.3.1.1 Utility Facilities Crossing the Interstate or Other Major Freeways/Expressways====&lt;br /&gt;
=====643.1.3.1.1.1 Overhead Crossings of the Interstate or Other Major Freeways/Expressways=====&lt;br /&gt;
Overhead crossings of utility facilities are permitted only for power transmission and distribution lines and for multiple circuit communication lines where an underground installation is not economically feasible. Supports for existing utility facilities crossing overhead may remain on the right of way provided they are near the right of way line regardless of the presence of an outer road. Supports for new overhead utility facilities crossing overhead may be located on the right of way near the right of way line where an outer roadway exists and are to be located off the right of way where no outer roadway exists. Overhead service crossings are only permitted in isolated cases for residential or commercial establishments when the denial of the crossing would require construction of more than 1,200 feet (1,200’) of utility line to provide the service. Main or distribution line crossings are required to serve a general area other than isolated cases.&lt;br /&gt;
&lt;br /&gt;
=====643.1.3.1.1.2 Underground Crossings of the Interstate or Other Major Freeways/Expressways=====&lt;br /&gt;
Underground crossings of utility facilities are to be continuously encased under the pavement, medians, ramps, and shoulders with the casing extending to the toe of the fill slopes or to the ditch line. In curbed sections, encasement should extend outside the outer curb of the roadways a distance equal to the depth of the encasement at the curb line. Where installed by open trench through unpaved areas, detector tape should be placed approximately one foot (1&#039;) above the encasement. Where an interstate or other major freeway has a parallel outer roadway, encasement should be continuous under all roadways within the right of way.&lt;br /&gt;
&lt;br /&gt;
Manholes or vent pipes are to be located at the right of way line or adjacent to the outer roadway.&lt;br /&gt;
&lt;br /&gt;
For fiber optic cable, encasement should extend from within six feet (6&#039;) of one right of way line to within six feet (6&#039;) of the other right of way line.&lt;br /&gt;
&lt;br /&gt;
Exceptions may be made for encasement as listed in [[#643.1.4.2_Exceptions_to_Encasement|EPG 643.1.4.2]].&lt;br /&gt;
&lt;br /&gt;
=====643.1.3.1.1.3 Parallel Installations along the Interstate or Other Major Freeways/Expressways=====&lt;br /&gt;
New parallel installations on the right of way may be permitted only where an outer roadway exists, provided that poles are within two feet (2&#039;) of the normal right of way line and underground utility facilities are within the utility corridor, and provided that the utility facility can be installed and maintained between the outer roadway and the right of way line. Existing overhead or underground utility facilities that parallel an existing roadway which will be incorporated into a completed highway as an outer roadway may remain in place if all maintenance and service can be performed from an outer roadway and the existing location does not interfere with construction, maintenance, or operation of the completed highway. If an existing parallel utility facility needs to be relocated so as to not interfere with the construction, maintenance, or operation of the completed interstate or other major freeway, poles may be located withing five feet (5’) of the right of way line.&lt;br /&gt;
&lt;br /&gt;
Underground utility facilities are expected to be buried within the utility corridor of sight distance triangles (SDTs) at roadway intersections unless granted a variance. Overhead utility facilities may be allowed to span intersecting roadways with SDTs provided the poles, or supports, are located outside the SDT.&lt;br /&gt;
&lt;br /&gt;
=====643.1.3.1.1.4 Sanitary Sewers within the Right of Way of Interstates or Other Major Freeways/Expressways=====&lt;br /&gt;
New installations of sanitary sewers should follow the applicable guidelines for either underground crossings or parallel installations as appropriate. Existing gravity trunk sanitary sewers should be considered individually and removed or left in place contingent upon its age, condition, feasibility of moving, and maintenance access. Encasement of existing trunk sewers left in place may be required for questionable condition, protection during construction, or heavy fills.&lt;br /&gt;
&lt;br /&gt;
Manholes should be relocated to the right of way lines or adjacent to an outer roadway.&lt;br /&gt;
&lt;br /&gt;
===643.1.3.2 Major Routes===&lt;br /&gt;
For structures carrying or over major routes, see [[#643.1.5_Bridge_Attachment_Policy|EPG 643.1.5]].&lt;br /&gt;
&lt;br /&gt;
====643.1.3.2.1 Major Routes with Partially Controlled Access Right of Way====&lt;br /&gt;
The installation of all utility facilities on highways with partially controlled access right of way are to be installed, serviced, and maintained without entering or leaving the roadway and ramps except at points approved by MoDOT for that purpose and without parking any equipment or storing materials upon the medians, roadway and ramps, or shoulders of the roadways. Cutting or damaging the pavement or paved shoulders is not permitted. Equipment or materials stored within the right of way must be protected by longitudinal barrier or be located outside the clear zone. New service connections to existing parallel utility facilities are to be permitted only where granted by the Commission.&lt;br /&gt;
&lt;br /&gt;
No utility facilities will be permitted within the interchange limits of an interchange between fully limited access highways where planned or existing. Utility facilities within the interchange limits of an interchange with a non-access controlled highway will be permitted only along the minor road, provided that all construction, service, and maintenance can be performed from the minor road. Manholes and poles must be located beyond the ramp termini.&lt;br /&gt;
&lt;br /&gt;
====643.1.3.2.2 Major Routes with Normal Access Right of Way====&lt;br /&gt;
All new utility facilities will be installed and maintained without cutting or damaging the pavement or paved shoulders except in the event underlying rock formations or other obstructions are encountered that prevent boring or pushing operations. A variance may be granted for pavement cuts when the need is established. Pavement cuts may only be made by permits issued when it is impractical to otherwise service and maintain the facility. The installation of all utility facilities is to be installed without parking any equipment or storing materials upon the medians, roadway and ramps, or shoulders of the roadways. Equipment or materials stored within the right of way must be protected by longitudinal barrier or be located outside the clear zone.&lt;br /&gt;
&lt;br /&gt;
====643.1.3.2.3 Utility Facilities Crossing Major Routes====&lt;br /&gt;
=====643.1.3.2.3.1 Overhead Crossings of Major Routes=====&lt;br /&gt;
Supports for utility facilities crossing overhead should be located as near the right of way line as possible. For major routes with controlled access right of way, new overhead service crossings may be permitted in isolated cases for residential or commercial establishments where the denial of such crossings would require the construction of more than 1,200 feet (1,200’) of utility line to provide the same service. For major routes with normal access right of way, there is no restriction on the placement of service crossings.&lt;br /&gt;
&lt;br /&gt;
=====643.1.3.2.3.2 Underground Crossings of Major Routes=====&lt;br /&gt;
Underground crossings of utility facilities are to be continuously encased under the pavement, medians, ramps, and shoulders with the casing extending to the toe of the fill slopes or to the ditch line. In curbed sections, encasement should extend outside the outer curb of the roadways a distance equal to the depth of the encasement at the curb line. Where installed by open trench through unpaved areas, detector tape should be placed approximately one foot (1&#039;) above the encasement. Where a major route has a parallel outer roadway, encasement should be continuous under all roadways within the right of way.&lt;br /&gt;
&lt;br /&gt;
Manholes or vent pipes are to be located at the right of way line or adjacent to the outer roadway.&lt;br /&gt;
&lt;br /&gt;
For fiber optic cable, encasement should extend from within six feet (6&#039;) of one right of way line to within six feet (6&#039;) of the other right of way line.&lt;br /&gt;
&lt;br /&gt;
Exceptions may be made for encasement as listed in [[#643.1.4.2_Exceptions_to_Encasement|EPG 643.1.4.2]].&lt;br /&gt;
&lt;br /&gt;
====643.1.3.2.4 Parallel Installations along Major Routes====&lt;br /&gt;
New parallel installations on the right of way may be permitted provided that poles are within two feet (2&#039;) of the normal right of way line and underground utility facilities are within the utility corridor. Existing overhead or underground utility facilities that parallel an existing roadway which will be incorporated into a completed highway may remain in place if all maintenance and service can be performed without entering or leaving the roadway except at approved access points; without parking equipment or storing materials on the median, pavement, ramps, or shoulders; and the existing location does not interfere with construction, maintenance, or operation of the completed highway. If an existing parallel utility facility needs to be relocated so as to not interfere with the construction, maintenance, or operation of the completed highway, poles may be located withing five feet (5’) of the right of way line.&lt;br /&gt;
&lt;br /&gt;
Existing steel pipe transmission and distribution facilities for gaseous petroleum products that parallel an existing roadway that will be incorporated into the completed roadway may be left in place subject to an agreement by the utility owner that maintenance or service and facility expansion will be performed without cutting or damaging the pavement or interfering with the construction, maintenance, and operation of the highway and provided that the facility is cathodically protected against corrosion and meets the applicable material requirements.&lt;br /&gt;
&lt;br /&gt;
Underground utility facilities are expected to be buried within the utility corridor of sight distance triangles (SDTs) at roadway intersections unless granted a variance. Overhead utility facilities may be allowed to span intersecting roadways with SDTs provided the poles, or supports, are located outside the SDT.&lt;br /&gt;
&lt;br /&gt;
====643.1.3.2.5 Sanitary Sewers within the Right of Way of Major Routes====&lt;br /&gt;
New installations of sanitary sewers should follow the applicable guidelines for either underground crossings or parallel installations as appropriate. An existing gravity trunk sanitary sewer should be considered individually and removed or left in place contingent upon its age, condition, feasibility of moving, and maintenance access. If an existing parallel gravity main is left in place within the limits of the paved surface, paved shoulder lines, or curb lines, stub mains as required will be laid between the sewer main and curb or shoulder lines for future service connections in each block. Manholes should be relocated outside the traveled roadway as near the right of way line as practical.&lt;br /&gt;
&lt;br /&gt;
===643.1.3.3 Minor Routes===&lt;br /&gt;
For structures carrying or over minor routes, see [[#643.1.5_Bridge_Attachment_Policy|EPG 643.1.5]].&lt;br /&gt;
&lt;br /&gt;
====643.1.3.3.1 Utility Facilities Crossing Minor Routes====&lt;br /&gt;
=====643.1.3.3.1.1 Overhead Crossings of Minor Routes=====&lt;br /&gt;
Existing overhead crossings that interfere with construction, maintenance, or operation should be relocated with their supports as near the right of way line as is practical. New overhead crossing installations should be located with their supports as near the right of way line as is practical.&lt;br /&gt;
&lt;br /&gt;
=====643.1.3.3.1.2 Underground Crossings of Minor Routes=====&lt;br /&gt;
All new utility facilities should be installed and maintained without cutting or damaging the pavement or paved shoulders. A variance may be granted for pavement cuts when servicing and maintaining the facility by any other methods is impractical. Pavement cuts may only be made by permits issued. Underground crossings of utility facilities are to be continuously encased under the pavement, medians, ramps, and shoulders with the casing extending to the toe of the fill slopes or to the ditch line. In curbed sections, encasement should extend outside the outer curb of the roadways a distance equal to the depth of the encasement at the curb line. Where installed by open trench through unpaved areas, detector tape should be placed approximately one foot (1&#039;) above the encasement.&lt;br /&gt;
&lt;br /&gt;
Manholes or vent pipes are to be located at the right of way line or adjacent to the outer roadway.&lt;br /&gt;
&lt;br /&gt;
For fiber optic cable, encasement should extend from within six feet (6&#039;) of one right of way line to within six feet (6&#039;) of the other right of way line.&lt;br /&gt;
&lt;br /&gt;
Exceptions may be made for encasement as listed in [[#643.1.4.2_Exceptions_to_Encasement|EPG 643.1.4.2]].&lt;br /&gt;
&lt;br /&gt;
====643.1.3.3.2 Parallel Installations along Minor Routes====&lt;br /&gt;
New parallel installations on the right of way may be permitted provided that poles are within two feet (2&#039;) of the normal right of way line and underground utility facilities are within the utility corridor. Existing overhead or underground utility facilities that parallel an existing roadway which will be incorporated into a completed highway may remain in place if all maintenance and service can be performed without entering or leaving the roadway except at approved access points; without parking equipment or storing materials on the median, pavement, ramps, or shoulders; and the existing location does not interfere with construction, maintenance, or operation of the completed highway. If an existing parallel utility facility needs to be relocated so as to not interfere with the construction, maintenance, or operation of the completed highway, poles may be located within five feet (5’) of the right of way line.&lt;br /&gt;
&lt;br /&gt;
Underground utility facilities are expected to be buried within the utility corridor of sight distance triangles (SDTs) at roadway intersections unless granted a variance. Overhead utility facilities may be allowed to span intersecting roadways with SDTs provided the poles, or supports, are located outside the SDT.&lt;br /&gt;
&lt;br /&gt;
====643.1.3.3.3 Sanitary Sewers within the Right of Way of Minor Routes====&lt;br /&gt;
New installations of sanitary sewers should follow the applicable guidelines for either underground crossings or parallel installations as appropriate. An existing gravity trunk sanitary sewer should be considered individually and removed or left in place contingent upon its age, condition, feasibility of moving, and maintenance access. If an existing parallel gravity main is left in place within the limits of the paved surface, paved shoulder lines, or curb lines, stub mains as required will be laid between the sewer main and curb or shoulder lines for future service connections in each block. Manholes should be relocated outside the traveled roadway.&lt;br /&gt;
&lt;br /&gt;
===643.1.3.4 Roundabouts===&lt;br /&gt;
Regardless of roadway type, it is desirable to avoid locating utility facilities and their access points within the circulatory roadway. If possible, utility facilities are located in the legs of the roundabout to allow for future maintenance and access at an isolated leg versus affecting the entire roundabout. See [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_5_TypicalLocationofUtilityFacilitiesnearRoundabouts_AOD.pdf EPG Figure 643.1.5] for an example.&lt;br /&gt;
&lt;br /&gt;
===643.1.3.5 Utility Facilities in Scenic Enhancement Areas===&lt;br /&gt;
All existing utility facilities within the limits of a scenic enhancement area requiring adjustment because of construction or reconstruction will be placed underground or relocated beyond the limits of the scenic enhancement area. No new above ground facilities will be permitted. New underground facilities will be permitted provided they do not extensively alter or impair the appearance of the area.&lt;br /&gt;
&lt;br /&gt;
==643.1.4 Installation of Utility Facilities==&lt;br /&gt;
The following sections provide information on the physical installation of utility facilities within highway right of way.&lt;br /&gt;
&lt;br /&gt;
===643.1.4.1 Minimum Cover for Underground Facilities===&lt;br /&gt;
The minimum cover for new underground utilities is:&lt;br /&gt;
* Forty-two inches (42”) for all water lines (parallel and crossings).&lt;br /&gt;
* Forty-two inches (42”) for fiber optic cable (crossings encased in rigid conduit).&lt;br /&gt;
* Seventy-two inches (72”) for fiber optic cable (crossings encased in polyethylene (PE) pipe).&lt;br /&gt;
* Thirty inches (30”) for direct burial and in trench fiber optic cable (parallel).&lt;br /&gt;
* Twenty-four inches (24”) for all other direct burial copper or coaxial cable, (parallel).&lt;br /&gt;
* Seventy-two inches (72”) for uncased polyethylene (PE) gas pipe crossings under ditches and roadways but thirty inches (30”) elsewhere.&lt;br /&gt;
* Thirty inches (30”) for all other (such as, but not limited to, gravity sewers, forced sewers, and electric) underground utilities (both parallel and crossing).&lt;br /&gt;
&lt;br /&gt;
===643.1.4.2 Exceptions to Encasement===&lt;br /&gt;
Exceptions may be made for encasement as follows:&lt;br /&gt;
* Non-fiber communication or electric cables installed in ducts.&lt;br /&gt;
* Welded steel pipelines carrying gaseous or liquid petroleum products - provided they are cathodically protected against corrosion, triple-coated in accordance with accepted pipeline construction standards, and meet applicable material requirements.&lt;br /&gt;
* Natural gas distribution pipe (nominal six-inch (6”) diameter maximum) of polyethylene (PE) plastic, traceable, installed by a horizontal bore method at a minimum depth of seventy-two inches (72”) under ditches and roadways, constructed in accordance with and meeting applicable material requirements.&lt;br /&gt;
* Gas service connections protected and constructed in accordance with and meeting applicable material requirements.&lt;br /&gt;
* Encasement is not required for new trunk sanitary sewer crossings of vitrified clay, reinforced concrete or cast iron except when installation procedures would produce voids in the roadbed, heavy fills, or installations under pressure.&lt;br /&gt;
&lt;br /&gt;
===643.1.4.3 Above Ground or Ground Level Appurtenances===&lt;br /&gt;
Appurtenances protruding more than four inches (4”) above the ground line should be located outside the clear zone. If no feasible alternative exists and if permitted by a variance, appurtenances may be allowed within the clear zone if they meet breakaway criteria or will be shielded by a traffic barrier. Good design practice will provide that appurtenances be located at right of way jogs, along intersecting road right of way, or at other similar acceptable locations, so that encroachment is held to an absolute minimum. Cables, wires, small diameter pipes, and other such utility appurtenances extending from the surface of the ground should be equipped with covers or guards to improve their visibility. Appurtenances within sidewalks or street level pedestrian access routes are to be in conformance with the Americans with Disabilities Act requirements.&lt;br /&gt;
&lt;br /&gt;
The maximum pull box width perpendicular to the right of way line within the utility corridor is thirty inches (30”).&lt;br /&gt;
&lt;br /&gt;
===643.1.4.4 Overhead Utility Facilities===&lt;br /&gt;
The vertical clearance of new or existing overhead installations will not be less than the current minimum requirements of the National Electric Safety Code, but in no case less than eighteen feet (18’) inclusive of sag above the groundline for electrical facilities. Clearance may be reduced for overhead installations of cable, telephone, or fiber optic facilities.&lt;br /&gt;
A minimum radial clearance of twenty-five feet (25’) is provided from any utility facility to the nearest part of any bridge structure. A minimum radial clearance of ten feet (10’) is provided from the nearest charged electrical line to a MoDOT signal, lighting, ITS, or overhead sign structure.&lt;br /&gt;
&lt;br /&gt;
===643.1.4.5 Approved Materials===&lt;br /&gt;
Utility owners are allowed to use any material for underground utility facilities including carrier and encasement provided they accept responsibility for any future repairs and/or replacement of damaged MoDOT facilities should a failure occur. This will allow the use of current technology and procedures to provide the best value to its subscribers and the taxpayers of Missouri. For materials that MoDOT also uses in its highway system, utility owners must provide materials that meet the current [https://www.modot.org/missouri-standard-specifications-highway-construction Missouri Standard Specifications for Highway Construction]. For materials not listed in the Missouri Standard Specifications for Highway Construction, the utility owner should provide documentation of the standards used to determine suitability of the material.&lt;br /&gt;
&lt;br /&gt;
===643.1.4.6 Cutting===&lt;br /&gt;
In the event permission is granted to cut an existing concrete or asphalt pavement or sidewalk, the appropriate provisions below should be followed.&lt;br /&gt;
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====643.1.4.6.1 Pavement====&lt;br /&gt;
All pavement cuts should be made with a saw to the full depth of the pavement. The width of the cut is typically determined by the width of the trench plus a minimum one foot (1’) on each side of the trench. In the event the distance to any adjacent longitudinal or transverse joint or crack is less than four feet (4’), the pavement must be removed to the joint or crack. Cuts for perpendicular service tie-ins should be a minimum of three feet (3’) wide. Longitudinal main installations are typically cut at a minimum of half the lane width, but in no instance should the cut be along the wheel path of the lane.&lt;br /&gt;
[[File:fig_643.1.6-06_2026.jpg|800px|none|thumb|Figure 643.1.6 Pavement Repair Dimension Requirements.]]&lt;br /&gt;
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The utility facilities should be placed in a location with the least impact to the roadway. Typically, this leads to placement in the shoulder when available followed by the two-way left turn lane (TWLTL), and then outside lanes before allowing placement in interior through lanes. Lane switching should be kept to a minimum and should not be used to minimize repair sizes. Cuts for mains or service leads that may not be perpendicular to the roadway should be squared-off.&lt;br /&gt;
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Replacement of cut pavement should be full depth concrete in accordance with the current version at the time of installation of Section 613.10 Full Depth Pavement Repairs of the Missouri Standard Specifications for Highway Construction and the Missouri Standard Plans for Highway Construction. If the area of the pavement repair is not to be fully resurfaced all joints including the overcut from the sawing operation should be filled with an expansive mortar, epoxy, polyester, or joint material as approved by the Engineer in accordance with Section 1057 of the Missouri Standard Specifications for Highway Construction.&lt;br /&gt;
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====643.1.4.6.2 Pedestrian Access Routes====&lt;br /&gt;
All cuts in the pedestrian access routes whether asphalt or concrete should be made by saw and be the full depth of the material. Entire slabs of concrete sidewalk should be removed. Repair of the pedestrian access route must meet Americans with Disability Act requirements, see [[:Category:642_Pedestrian_Facilities|EPG 642]]. Cuts through curb ramps or detectable warning areas are not permitted. Rather the entire curb ramp or detectable warning area must be removed and replaced. MoDOT district ADA contacts can help ensure ADA compliance of impacted pedestrian access routes.&lt;br /&gt;
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===643.1.4.7 Non-disturbance Areas===&lt;br /&gt;
MoDOT has certain areas of right of way where mowing, spraying, digging, or other vegetation disturbance activities are restricted. These areas have been established to mitigate the environmental impacts of a previous project and should be avoided. If the areas cannot be avoided, contact MoDOT’s Environmental Section.&lt;br /&gt;
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==643.1.5 Bridge Attachment Policy==&lt;br /&gt;
No utility facility will be permitted in or on a structure carrying an interstate or other freeway unless it is part of a federal requirement or for MoDOT’s use. When the structure carries any other road type and no other practical means exists for the crossing, wires (communication, electrical, fiber, or metal) will be permitted. Electrical lines must be located to cause minimum exposure to MoDOT maintenance personnel and the public. Pressurized pipelines for gas or other petroleum products and water and all sewer lines are prohibited on all structures due to the risks associated with their failure.&lt;br /&gt;
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===643.1.5.1 Agreement===&lt;br /&gt;
An agreement is required for all utility facilities attached to any structure. A charge will be made for the increased maintenance costs involved. This fee is set by the Bridge Division. When permitted, a 50-year occupational agreement is executed with the utility owner. Agreement BR04 Utility Attachment Agreement is used when an attachment is added to a bridge during its construction. Agreement BR09 Bridge Attachment Agreement is used when an attachment is added to an existing bridge.&lt;br /&gt;
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===643.1.5.2 Requests===&lt;br /&gt;
Requests to attach facilities to structures is a multi-step process. Bridge Division is responsible for approval of the bridge attachment. If at any point in the process, Bridge Division determines the attachment to be unacceptable, a reason is to be provided.&lt;br /&gt;
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To start, the utility owner submits a conceptual request to the district utilities staff. The conceptual request consists of an explanation of the proposal; a general location sketch (i.e., which side of the bridge); and details on the facility, length, and weight per foot when full. The district utilities staff should work with all relevant district personnel including the District Bridge Engineer in reviewing and recommending the attachment. The district utilities staff will submit the recommended details to the Bridge Division to determine the applicable costs including future maintenance costs and for attachments to new bridges, design and construction. Once the Bridge Division has determined the cost, the district utilities staff shares the cost with the utility owner for their concurrence with furthering the process. For new bridges, if the utility owner concurs with the costs, the district utility staff will prepare the BR04 Agreement for execution by the utility owner and the Commission. MoDOT will be responsible for the design and construction of attachments to new bridges. For existing bridges, the district utilities staff will forward the applicable as-built bridge plans to the utility owner for its use in designing the bridge attachment. The utility owner will provide detailed design drawings, signed and sealed by a professional engineer in the State of Missouri, to the district utilities staff for review. The district utilities staff should work with all relevant district personnel, including the District Bridge Engineer, in reviewing and recommending the details of the attachment to the Bridge Division. Once Bridge Division approves, the Bridge Division will prepare the BR09 Agreement for execution by the utility owner and the Commission. The utility owner is responsible for the construction of attachments to existing bridges. A flow chart, [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_7_BridgeAttachementProcess_AOD.pdf EPG Figure 643.1.7], of the process is available.&lt;br /&gt;
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Payment from the utility owner for the attachment will be sent to Financial Services by district utilities staff. For BR04 agreements, district utilities staff should discuss with Financial Services how to get the payment credited to the project constructing the attachment. For BR09 agreements, district utilities staff should copy Bridge Division on correspondence with Financial Serves. Checks should be made payable to Director of Revenue, Credit State Road Fund.&lt;br /&gt;
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For requests from government entities such as cities, counties, and other municipalities, the requested information should be submitted to Bridge Division as described above. However, the district utilities staff will take the lead in preparing the DE10 County Agreement or DE11 Municipal Agreement, as applicable, with input from Bridge Division and Bridge Maintenance. All fees are waived for government entities.&lt;br /&gt;
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===643.1.5.3 Considerations===&lt;br /&gt;
The following considerations are made in determining the acceptability of a bridge attachment. Unique situations will be discussed with the Bridge Division as required.&lt;br /&gt;
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====643.1.5.3.1 Bridge Asset Management Program====&lt;br /&gt;
Requests for bridge attachments should be reviewed for consistency with the district’s upcoming bridge asset management program needs. If a structure is due for rehabilitation or replacement in the near future, information should be provided to the utility owner indicating existing remaining life of the bridge. In some instances, it may be in MoDOT’s best interest to deny the request for attachment outright. In some instances, the utility owner may still choose to pursue the short-term attachment to the existing structure. In almost all cases, the utility owner is responsible for the cost of removing and/or relocating their utility facilities for a necessary repair, widening, improvement or reconstruction of the structure. Review existing agreements for cost responsibility for current attachments.&lt;br /&gt;
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====643.1.5.3.2 Aesthetics====&lt;br /&gt;
In reviewing a request for a bridge attachment, how the structure is viewed by the public will be considered. For example, is the structure over a scenic stream that is extensively used by canoeists, or does the structure span a road that may provide access to a park, campgrounds, or boat launching facilities? Is the structure a grade separation where the motoring public will see the attachment before they pass under it?&lt;br /&gt;
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====643.1.5.3.3 Method of Attachment====&lt;br /&gt;
In order to maintain structural integrity of any structures the following requirements will apply for attachments.&lt;br /&gt;
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=====643.1.5.3.3.1 Welding=====&lt;br /&gt;
Welding of hardware to structural steel members (i.e., flanges, webs, stiffeners, and diaphragms) whether in tension or compression is not permitted.&lt;br /&gt;
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=====643.1.5.3.3.2 Drilling=====&lt;br /&gt;
Drilling holes in any structural steel member is not permitted. Drilling holes for anchors into any prestressed concrete member is not permitted. Although permitted, drilling holes for anchors into the underside of bridge decks must be done with caution. It is recommended all anchors be installed to miss deck reinforcing steel. Generally, drilling into decks will not be allowed where sonotubes were used (voided slab bridges). The depth of the holes should be such that breaking out of the concrete on the top side of the deck does not occur.&lt;br /&gt;
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=====643.1.5.3.3.3 Corrosion=====&lt;br /&gt;
Attachment hardware will be new, properly coated to prevent corrosion or be of a non-corrosive material, and be designed to support the facility.&lt;br /&gt;
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====643.1.5.3.4 Location====&lt;br /&gt;
In general, attachments are made on the underneath side of the bridge deck. The condition of the bridge deck will dictate the location of the attachment supports. An exception may be attachments to trusses or other overhead structures.&lt;br /&gt;
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Attachments that may require manholes in bridge decks are not allowed.&lt;br /&gt;
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When attachments are required to structures over streams that may carry large drifts, they must be attached to the downstream side of the structure and above the lowest superstructure element. It is preferred to locate the attachment on the outside of the exterior girder. If aesthetics are a concern, a better appearance can be achieved by having the attachment made to the inside of the exterior girder and above the bottom of the lower flange to hide the conduit and the attaching hardware.&lt;br /&gt;
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Placement of utilities must not prevent the removal of old paint, the application of new paint on superstructure steel, or cause debris buildup, which could cause structural deterioration.&lt;br /&gt;
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====643.1.5.3.5 Construction and Maintenance====&lt;br /&gt;
If the attachment cannot be built while maintaining one (1) lane of traffic on the structure, it will not be allowed.&lt;br /&gt;
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Construction procedures that severely impact traffic may factor into the allowable location of the attachment on the structure.&lt;br /&gt;
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When scaffolding is to be attached or supported by bridge rails, bridge superstructure, or bridge substructure, the procedures for construction of the attachment must be reviewed.&lt;br /&gt;
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The utility owner or local entity will pay for, or be responsible for, the painting of the attachment, if necessary, when the bridge requires painting.&lt;br /&gt;
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==643.1.6 Private Lines==&lt;br /&gt;
Private lines are permitted to cross the right of way of a highway in the same manner as outlined for all utility facilities in above sections of this article. Parallel installations along the right of way of a highway are not permitted. Special conditions at a specific location that make adherence to this policy impractical will be submitted to the Chief Engineer for consideration of an acceptable alternative. In certain situations, it may be necessary to obtain approval from the Federal Highway Administration (FHWA) before approval to use the alternative can be given to the private utility owner.&lt;br /&gt;
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==643.1.7 Water and Sewer Separations==&lt;br /&gt;
The Missouri Department of Natural Resources (MoDNR) Safe Drinking Water Commission via 10 CSR 60-10 and Clean Water Commission via 10 CSR 20-8 govern the design of water and sewer lines in the vicinity of one another. Basic criteria are outlined below for information, and details are contained within the regulations. MoDOT is not responsible for providing or acquiring adequate right of way for utility owners to comply with MoDNR requirements.&lt;br /&gt;
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===643.1.7.1 Water and Sewer Separations===&lt;br /&gt;
====643.1.7.1.1 Horizontal====&lt;br /&gt;
Sanitary and storm sewers are to be laid at least ten feet (10’) horizontally measured from outside edge to outside edge from any existing or proposed water main. In cases where it is not practical to maintain ten feet (10’) of separation, installation of the water main closer to the sewer is acceptable where the water main is installed in a separate trench or on an undisturbed earth shelf located on one (1) side of the sewer at an elevation so the bottom of the water main is at least eighteen inches (18”) above the top of the sewer.&lt;br /&gt;
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===643.1.7.2 Crossings===&lt;br /&gt;
Water mains are to be laid to provide a minimum vertical distance of eighteen inches (18”) vertically measured outside edge to edge from sanitary or storm sewers. This is the case whether the water main is above or below the sewer. One (1) full length of water pipe must be located so both joints will be as far from the sanitary or storm sewer line as possible. Special structural support for the water main or sanitary or sewer main may be required.&lt;br /&gt;
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===643.1.7.3 Exception===&lt;br /&gt;
When it is impossible to obtain proper horizontal and vertical separation as stipulated, the sewer will be designed and constructed equal to water pipe and will be pressure-tested to assure it is watertight prior to backfilling.&lt;br /&gt;
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===643.1.7.4 Water Supply Interconnections===&lt;br /&gt;
No physical connection is permitted between a public or private potable water supply system and any sanitary or storm sewer or appurtenance that would permit the passage of any sewage or polluted water into the water supply. No water pipe is permitted to pass through or come in contact with any part of a sanitary sewer manhole.&lt;br /&gt;
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===643.1.7.5 Water Works Structures===&lt;br /&gt;
Sewers are not permitted to be installed within fifty feet (50’) in any direction from any existing or proposed public water supply well or other water supply sources or structures.&lt;br /&gt;
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==643.1.8 Variances==&lt;br /&gt;
Occasionally, it is impractical to locate a utility facility in accordance with requirements outlined in this article. MoDOT may consider a utility owner’s request for a variance from these requirements on a case-by-case basis. The utility owner should complete a [https://epg.modot.org/forms/general_files/DE/UtilityVarianceApprovalForm.docx Utility Variance Approval Form] to be submitted to MoDOT for consideration. Variances on the Interstate System require approval of the Federal Highway Administration (FHWA). A flow chart, [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_8_VarianceApprovalProcess.pdf EPG Figure 643.1.8], of the variance process is available.&lt;br /&gt;
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A variance will not be permitted just for the convenience of the utility owner. The utility owner requesting a variance must provide all necessary information to properly evaluate if a variance should be approved. For example, a utility owner requesting a variance because “the utility corridor is full” must explore all reasonable options. It is suggested that the requestor pothole the existing utility corridor to confirm the location of existing utility facilities and provide that data to support the need to locate outside of the utility corridor due to its congestion.&lt;br /&gt;
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===643.1.8.1 Variance Process===&lt;br /&gt;
Any utility owner of a public utility facility may apply for a variance. The process for requesting a variance is as follows:&lt;br /&gt;
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====643.1.8.1.1 Submittal Requirements====&lt;br /&gt;
Utility owners submit to the district utilities staff a written request for a variance using the [https://epg.modot.org/forms/general_files/DE/UtilityVarianceApprovalForm.docx Utility Variance Approval Form]. The utility owner must clearly show the provision(s) or guideline(s) for which the variance is being requested; the condition(s) which the utility owner believes warrant(s) the granting of a variance; a thorough explanation of the reason(s) for the requested variance, including sufficient and appropriate documentation of safety, aesthetic, or constructability constraints that would be adverse to the function, access, or maintenance of the utility facility and not in the best interest of the public.&lt;br /&gt;
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====643.1.8.1.2 MoDOT Consideration of Variance Request====&lt;br /&gt;
The utility owner bears full responsibility for demonstrating to MoDOT’s satisfaction that the variance is the most appropriate way to serve the public interest. MoDOT may present to the utility owner and the utility owner must consider reasonable alternatives to the variance requested by the utility owner. In determining whether to grant a variance, district utilities staff will consider all relevant factors including, but not limited to: the requested variance is reasonably necessary for the convenience, safety, health, and/or welfare of the public; there is an exceptional or undue burden or hardship on the specific applicant; a physical impracticability that would result from the applicant’s adherence to the normal location requirements; and the requested variance will not impair the safe construction, maintenance, operation, and safety of public travel on the highway. District utilities staff may consult with the Design Liaison Engineer in evaluating variances.&lt;br /&gt;
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====643.1.8.1.3 Approval of Variances====&lt;br /&gt;
Once district utilities staff have agreed to accept a variance proposed by the utility owner, the [https://epg.modot.org/forms/general_files/DE/UtilityVarianceApprovalForm.docx Utility Variance Approval Form] and all supporting documentation is sent to the District Design Engineer (DDE) for approval. If a variance is on interstate right of way, the DDE-signed Variance Request Form and all supporting documentation is forwarded to the Design Liaison Engineer who will forward to FHWA for their concurrence.&lt;br /&gt;
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====643.1.8.1.4 Variance Appeal Informal Hearing====&lt;br /&gt;
If denied a variance, the utility owner has thirty (30) calendar days to request an informal hearing for the purpose of appealing the denial. Requests must be made in writing to the State Design Engineer, Missouri Department of Transportation, P.O. Box 270, Jefferson City, MO 65102. If the utility owner requests an informal hearing, MoDOT’s authorized representative will advise the applicant of the time, date, and place of the hearing. The hearing is not a contested case under RSMo 536. The rules of evidence will not apply at the hearing, and MoDOT’s decision after the conduct of the hearing is not subject to further appeal.&lt;br /&gt;
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==643.1.9 Excess Right of Way==&lt;br /&gt;
Prior to conveyance of excess right of way, the status of utility facilities within said parcel must be addressed. See [[236.5_Property_Management#236.5.12_Excess_Land_Conveyances_&amp;amp;_Relinquishments_–_Regulated_Utilities|EPG 236.5.12]].&lt;br /&gt;
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==643.1.10 Broadband==&lt;br /&gt;
Broadband development in the state of Missouri is handled by the Department of Economic Development (DED). MoDOT shares its approved Statewide Transportation Improvement Program (STIP) project list with DED. All MoDOT policies related to placement of utility facilities within Commission right of way as outlined in this EPG article 643.1 are to be followed.&lt;br /&gt;
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&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643.2 Utilities in Program Delivery &#039;&#039;PAGE TITLE&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt; &lt;br /&gt;
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==643.2.1 Introduction==&lt;br /&gt;
Improvements to the highway system often require negotiation between the Commission and a city, a county, or a public or private utility owner. The Commission’s district utilities staff is responsible for coordination of highway improvement projects with the utility owner’s representative. The impact to a utility, the responsibility for the cost of adjustments necessary to allow highway construction, the plan of adjustment of the utility, the responsibility of performance of work on utility facilities, and the schedule of the utility adjustment are all items that vary depending on the project and should be investigated and negotiated to ensure highway improvement projects are delivered on-time and on-budget. These should comply with Commission policy. A flowchart [link here] outlining all the utility adjustment processes (reimbursable and non-reimbursable relocations, Master Reimbursable Utility Agreements and Project Specific Agreements, etc.) are available in the list of figures at the top of the page. These processes will not always be in combination, but each should be considered with each project.&lt;br /&gt;
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The district utilities staff, in conjunction with the Transportation Project Manager (TPM), is expected to invite and encourage participation of utility owner representatives in MoDOT project meetings as needed.&lt;br /&gt;
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When a project involves utility adjustments for which the Commission is responsible for costs, the TPM should program the costs of the utility adjustments as non-contractual construction costs in the STIP Information Management System (SIMS).&lt;br /&gt;
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==643.2.2 Annual Utility Meeting==&lt;br /&gt;
Each district should hold an annual meeting with utilities to discuss current STIP projects in the district. The annual meeting should be held during each year&#039;s STIP preparations, ideally between January and May. All utility owners that have utility facilities in the district should be invited. The intent is to provide the utility owners with an idea of upcoming projects to allow them the opportunity to plan and budget for potential adjustments of their utility facilities, identify both MoDOT and utility roadblocks, and develop action plans to complete utility adjustments better, faster, and cheaper.&lt;br /&gt;
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==643.2.3 Determination of Existing Utilities==&lt;br /&gt;
District utilities staff should determine the appropriate level of effort needed to accurately identify existing utilities within the footprint of a proposed highway construction project. Aboveground utilities are easily identifiable via field checks; however, determination of the precise location of underground utilities can be more challenging and time consuming. Therefore, the district utilities staff should balance the risk of conflict with the highway construction project against the level of effort needed to determine the location.&lt;br /&gt;
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The level of effort on mapping utilities is dependent on the scope of the project and the potential for utilities having an impact on the construction of the project. The project schedule should include the time to complete this task accurately. The time and effort necessary for having accurate locates requires close interaction with the utility locators. Early contact with utility owner representatives may be necessary to accurately locate underground utility facilities.&lt;br /&gt;
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Various methods of determining existing underground utilities result in different levels of quality. ASCE Standard 38 Standard Guidance for Investigating and Documenting Existing Utilities classifies four levels of quality:&lt;br /&gt;
:1. Quality Level D: QL-D is the most basic level of information for utility locations. It comes solely from existing utility records or verbal recollections, both typically unreliable sources. It may provide an overall &amp;quot;feel&amp;quot; for the congestion of utilities but is often highly limited in terms of comprehensiveness and accuracy. QL-D is useful primarily for project planning and route selection activities.&amp;lt;br&amp;gt;&lt;br /&gt;
: Missouri 811 or “private-locate” markings are to be considered to be QL-D.&lt;br /&gt;
:2. Quality Level C: QL-C is probably the most used level of information. It involves surveying visible utility facilities (e.g., manholes, valve boxes, etc.) and correlating this information with existing utility records (QL-D information). When using this information, it is not unusual to find that many underground utilities have been either omitted or erroneously plotted. Therefore, its usefulness is primarily on rural projects where utilities are not prevalent or are not too expensive to repair or relocate.&lt;br /&gt;
:3. Quality Level B: QL-B involves the application of appropriate surface geophysical methods to determine the existence and horizontal position of virtually all utilities within the project limits. This activity is called &amp;quot;designating&amp;quot;. The information obtained in this manner is surveyed to project control. It addresses problems caused by inaccurate utility records, abandoned or unrecorded utility facilities, and lost references. The proper selection and application of surface geophysical techniques for achieving QL-B data is critical. Information provided by QL-B can enable the accomplishment of preliminary engineering goals. Decisions regarding location of storm drainage systems, footers, foundations, and other design features can be made to avoid conflicts with existing utilities. Slight adjustments in design can produce substantial cost savings by eliminating utility relocations.&lt;br /&gt;
:4. Quality Level A: QL-A, also known as &amp;quot;locating or potholing&amp;quot;, is the highest level of accuracy presently available and involves the full use of the subsurface utility engineering services. It provides information for the precise plan and profile mapping of underground utilities through the nondestructive exposure of underground utilities, and provides the type, size, condition, material, and other characteristics of underground features.&lt;br /&gt;
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For projects with scopes that have potential for utility conflicts, the minimum level of effort required is SUE Quality Level D. Locations of existing utilities are determined by requesting locates through Missouri 811, also known as the “One-Call” process. Missouri 811 locating requests should be carefully considered for the scope of work of the project. When necessary, the location of existing utilities should be established by a field survey of locate markings and features and shown on the roadway plans. Higher level SUE Quality Levels can be used on any project. Adjustment cost savings, whether to the MoDOT or to the utility owner, are beneficial to the taxpayer. Good SUE projects are typically urban in nature, or in congested areas, where the project footprint is to be minimized, or anytime accurate vertical and horizontal location of the utility facility might allow a design to avoid the utility facility thus preventing the need for the adjustment. The SUE process combines civil engineering, surveying, and geophysics. It utilizes several technologies, including vacuum excavation and surface geophysics.&lt;br /&gt;
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When proposed excavation or installation of subsurface features (drainage, equipment bases, etc.) falls within three feet (3’) of a marked Missouri 811 line, soft digging (hand digging, potholing, vacuum methods, pressurized air/water jetting, pneumatic hand tools, etc.) is required to more exactly locate the utility facility both horizontally and vertically. Utility facilities present within the right of way by permit, should be investigated by the utility owner. Utility facilities that would be reimbursable or partially reimbursable as defined in EP 643.2.8 will be investigated by MoDOT.&lt;br /&gt;
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==643.2.4 Conflict Determination==&lt;br /&gt;
Determination of whether a conflict exists between an existing utility facility and a proposed highway improvement project should occur at the earliest possible stage of project development. A conflict may be the result of the physical interaction between the roadway infrastructure and utility facility, a reduction in cover or increase in fill over underground utilities, a reduction in horizontal clearance whether above or below ground, a reduction in overhead vertical clearance, paving over utilities, or restricting a utility owner’s access to its utility facilities. District utilities staff should work with utilities to determine if a conflict exists and the appropriate plan of adjustment to remedy the conflict. The adjustment to the utility may be a relocation or another measure that protects the utility or access to the utility from the proposed highway improvement project. Determination of a conflict needs to be continually re-evaluated as the project design progresses. Continuing coordination is essential.&lt;br /&gt;
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==643.2.5 Utility Plan of Adjustment==&lt;br /&gt;
===643.2.5.1 Request for Plan of Adjustment===&lt;br /&gt;
District utilities staff will request a plan of adjustment from utility owners whose utility facilities are in conflict with a proposed highway project. The plan of adjustment may consist of efforts to relocate the utility or otherwise protect a utility from the impacts of the proposed highway project. Utilities are shown on the roadway plan and profiles sheets that are furnished to utility owners for use in planning required utility adjustments. Any other sheets such as drainage, traffic signal, lighting, or ITS plans that show impacts to a utility facility should also be provided to the utility owners. All adjustments, reimbursable or not, require a plan of adjustment furnished by the utility owner.&lt;br /&gt;
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A transmittal letter is included in the request for a plan of adjustment. The letter informs the utility owner that regardless of whether an adjustment is reimbursable, no physical adjusting or relocating of their utility facilities to accommodate the proposed highway improvement is to be performed without specific approval and authorization. Additionally, if any part of the adjustment has the potential to be reimbursable, they are advised:&lt;br /&gt;
# They may undertake preliminary engineering by their own forces upon approval by district utilities staff of the estimated costs of preliminary engineering.&lt;br /&gt;
# They may employ a consultant to do the PE work provided they request and obtain prior approval. See [[#643.2.6_Preliminary_Engineering_Requirements|EPG 643.2.6 Preliminary Engineering Requirements]].&lt;br /&gt;
# Any preliminary engineering costs accrued prior to the date of written authorization to proceed will not qualify for reimbursement.&lt;br /&gt;
# Replacement right of way or easements cannot be purchased without specific approval and authorization.&lt;br /&gt;
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===643.2.5.2 Proposed Plan of Adjustment===&lt;br /&gt;
Developing a plan of adjustment is a multi-step process. The utility owner will propose a conceptual approach to adjusting the utility facilities to allow highway construction. This conceptual approach is used as the basis for determining cost responsibility, estimate of costs for preliminary engineering and construction, developing the agreement if necessary, and final design of the adjustment. Negotiations between district utility staff and the utility owner’s representative can result in changes to the design throughout the process.&lt;br /&gt;
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Final plans of adjustment must contain a legend on the first sheet identifying the utility symbols used. They must also show the existing utility facilities and their disposition, the location of the new or adjusted utility facilities, the existing and new right of way lines, the limited or fully controlled access symbols (where applicable), the existing and proposed roadways, ramps, and outer roadways and any other pertinent roadway information. They must contain sufficient details concerning location, elevation, compaction, clean up, etc. to provide for the proper adjustment of the utility facility. Relocated and/or existing utility facilities that will remain in place must be dimensioned or indicated in a manner to show their location in respect to the right of way lines. It is preferred that the utility owner transmits the plan of adjustment by electronic deliverables in a format that can be incorporated into the roadway plans. This will reduce the time and effort necessary as well as increase the accuracy of transferring this information into the roadway plans.&lt;br /&gt;
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Plans of adjustment received from the utility owner are to be checked for compliance with MoDOT’s requirements ([[#643.1_Utilities_Location|EPG 643.1 Utility Location]]) by the district utilities staff. They are also checked to ensure compatibility with the roadway design. Any continuing conflicts are resolved through negotiations with the utility owner.&lt;br /&gt;
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Occasionally, it is impractical to perform a utility adjustment in accordance with MoDOT’s requirements. Sometimes the utility may request approval of a plan of adjustment that does not conform to these requirements. Deviation from MoDOT’s utility requirements is a variance. Refer to [[#643.1.8_Variances|643.1.8 Variance Process]] for additional guidance.&lt;br /&gt;
The final plan of adjustment is included as Exhibit “A” to the agreement ([[#643.2.12_Utility_Agreements|EPG 643.2.12 Agreements]]).&lt;br /&gt;
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==643.2.6 Preliminary Engineering Requirements==&lt;br /&gt;
Preliminary engineering (PE) can be performed one of four ways for utility adjustments:&lt;br /&gt;
# The utility owner can use its own engineering forces.&lt;br /&gt;
# MoDOT can select an engineering consultant, after consultation with the utility owner, and the consultant contract will be administered by MoDOT.&lt;br /&gt;
# The utility owner can select an engineering consultant, with approval by MoDOT, and the consultant contract will be administered by the utility owner.&lt;br /&gt;
# If a utility adjustment is being included in a MoDOT administered construction contract, the preliminary engineering of the adjustment can be provided by MoDOT.&lt;br /&gt;
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For reimbursable utility adjustments, the amount paid to engineers, architects, and others for required engineering and allied services can be included in reimbursement amount provided such amounts are not based on a percentage of the costs of the necessary adjustments to allow highway construction. Reimbursement is available for contracts executed after solicitation of a consultant for the specific adjustment or existing continuing contracts when it is demonstrated that such work is performed regularly for the utility owner in its own work and that the costs are reasonable.&lt;br /&gt;
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A [https://epg.modot.org/forms/general_files/DE/UtilityConsultantContractChecklist.docx checklist is available for reviewing consultant-engineering contracts] to ensure the contract conforms to MoDOT policy and complies with applicable federal regulations. District utilities staff should use the checklist to review contracts and may consult with Audits and Investigations Division as necessary. The procedures in 23 CFR part 172, Administration of Engineering and Design Related Service Contracts may be used as a guide for reviewing proposed consultant contracts. [[:LPA:136.4_Consultant_Selection_and_Consultant_Contract_Management|EPG 136.4 Consultant Selection and Consultant Contract Management]] may also be used as a guide.&lt;br /&gt;
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===643.2.6.1 Solicited Consultant Contracts===&lt;br /&gt;
If solicitation of PE services is required for reimbursable utility adjustments, the utility owner must provide the following documents and information to district utilities staff. These documents need to be provided as soon as the utility owner has chosen to solicit a consultant. Document 1 must be supplied by all utility owners. Documents 2 and 3 are only required when the utility owner is a local government agency who is also a political subdivision of the state of Missouri (e.g., city-owned utilities, county-owned utilities). All other utility owners are encouraged, but not required, to provide Documents 2 and 3:&lt;br /&gt;
# A statement that the utility owner is not staffed or able to perform the required PE services with its own forces.&lt;br /&gt;
# Provide the names of at least three (3) consultants considered.&lt;br /&gt;
# The criteria used to evaluate each consultant and reasons why the selected consultant was selected.&lt;br /&gt;
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The following documents need to be provided as soon as the utility owner has successfully negotiated and entered into a contract with the consultant:&lt;br /&gt;
# The name and address of the selected consultant.&lt;br /&gt;
# A statement that the &amp;quot;[https://epg.modot.org/forms/general_files/DE/CertificationOfConsultant.docx Certification of Consultant]&amp;quot; will be furnished immediately upon award of the contract to the consultant.&lt;br /&gt;
# One executed copy of the proposed engineering contract or agreement between the utility owner and consultant, only if the engineering will exceed $5,000.00.&lt;br /&gt;
# The consultant&#039;s fixed (lump sum) or estimated fee (actual cost) and the contract maximum.&lt;br /&gt;
# A cost summary providing a detailed breakdown of the basis for the consultant&#039;s compensation, including estimated labor hours, hourly rates for each classification, overhead rate (if used), the amount of profit charged, and any other estimated charges such as travel expenses, equipment rentals, etc. If an overhead rate is used, the consultant must also submit the supporting overhead rate calculations.&lt;br /&gt;
# An independent cost estimate of engineering services provided by the utility owner to use in comparison to the consultant’s proposed engineering services to check for cost reasonableness.&lt;br /&gt;
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===643.2.6.2 Continuing Consultant Contracts===&lt;br /&gt;
When a utility owner chooses to use an existing continuing contract for PE services, the utility owner must provide the following documents and information to the district utilities staff as soon as possible.&lt;br /&gt;
# A statement that the utility owner is not staffed or able to perform the engineering with its own forces.&lt;br /&gt;
# The name and address of the consultant under the existing continuing contract.&lt;br /&gt;
# A statement that the &amp;quot;[https://epg.modot.org/forms/general_files/DE/CertificationOfConsultant.docx Certification of Consultant]&amp;quot; will be furnished.&lt;br /&gt;
# A copy of the continuing contract to the district utilities staff. The district utilities staff will review the contract for reasonableness of cost.&lt;br /&gt;
# The consultant&#039;s fixed (lump sum) or estimated fee (actual cost) and the contract maximum for the work associated with the utility adjustment.&lt;br /&gt;
# A cost summary providing a detailed breakdown of the basis for the consultant&#039;s compensation, including estimated labor hours, hourly rates for each classification, overhead rate (if used), the amount of profit charged, and any other estimated charges such as travel expenses, telephone, etc. If an overhead rate is used, the consultant must also submit the supporting overhead rate calculations.&lt;br /&gt;
# An independent cost estimate of engineering services provided by the utility owner to use in comparison to the consultant’s proposed engineering services to check for cost reasonableness.&lt;br /&gt;
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===643.2.6.3 Consultant Contract Changes===&lt;br /&gt;
If a PE services contract between a utility owner and a consultant needs to be revised, a copy of the revised contract, fee, and schedule should be submitted by the utility owner to the district utilities staff prior to allowing for contract changes. District utilities staff should review the contract changes to ensure the revised contract conforms to MoDOT policy and complies with applicable federal regulations.&lt;br /&gt;
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==643.2.7 Environmental and Right of Way==&lt;br /&gt;
===643.2.7.1 Utilities and Environmental Clearances===&lt;br /&gt;
District utilities staff should coordinate with the TPM and utility owner’s representative to understand and communicate on known environmental and cultural constraints that could impact a utility owner’s plan of adjustment. This will allow the utility owner to consider permitting timelines and alternatives that avoid environmental or cultural resources to keep the project on schedule.&lt;br /&gt;
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One strategy to make project delivery more efficient and ensure regulatory compliance is for MoDOT to obtain the environmental and cultural resource permits and clearances for the utility owners associated with a roadway improvement while obtaining its own. This would generally only be for the permits and regulatory clearances MoDOT already needs to pursue as a part of the transportation improvement.&lt;br /&gt;
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District utilities staff should coordinate with the utility owner’s representative early in the project timeline to determine if it is in the best interest of both MoDOT and the utility owner to obtain permits and environmental clearances jointly. The following strategies can be utilized to determine if a joint approach to environmental work should be pursued:&lt;br /&gt;
* If utility facilities are moving to a location within or immediately adjacent to MoDOT right of way, a utility owner may be invited to participate in permitting and environmental compliance activities.&lt;br /&gt;
* If utilities move to a location not within or adjacent to MoDOT right of way, the utility company would not normally be invited to participate in permit applications and environmental compliance activities. However, some unique projects may necessitate further attention and should be discussed with the Design Liaison Engineer.&lt;br /&gt;
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If MoDOT and the utility owner agree to obtain joint permits and clearances, written communication between the utility owner’s representative and the district utilities staff should document the following items:&lt;br /&gt;
* List of the permits and clearances that MoDOT will acquire on behalf of the utility owner.&lt;br /&gt;
* List of the information needed from the utility owner in order for MoDOT to acquire the permits and clearances.&lt;br /&gt;
* Schedule and deadlines for submittal of the information by the utility owner. For example: utility plans, fill quantities, construction methods, dates, or seasons of construction.&lt;br /&gt;
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Permits and clearances that may be needed by both a utility owner and MoDOT include:&lt;br /&gt;
* [[127.7_Threatened_and_Endangered_Species|Endangered Species Act consultation and clearance]]&lt;br /&gt;
* [[127.2_Historic_Preservation_and_Cultural_Resources#127.2.1.1_Historic_Preservation_Regulations_and_Laws|Section 106 of the National Historic Preservation Act clearance]]&lt;br /&gt;
* [[127.10_Section_4(f)_Public_Lands|Section 4(f) clearance]]&lt;br /&gt;
* [[127.10_Section_4(f)_Public_Lands#127.10.1.4_Section_6(f)_Laws_and_Regulations|Section 6(f) of the Land and Water Conservation Fund Act clearance]]&lt;br /&gt;
* [[127.4_Wetlands_and_Streams|Section 401 and Section 404 of the Clean Water Act permits]]&lt;br /&gt;
* [[:Category:806_Pollution,_Erosion_and_Sediment_Control#806.1_Introduction_(see_Sec._806)|Section 402 of the Clean Water Act permit (State Operating Permit for Erosion Control)]]&lt;br /&gt;
* [[127.8_Hazardous_and_Solid_Waste|Recommendations on contaminated soil disposition]]&lt;br /&gt;
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===643.2.7.2 Right of Way Acquisition and Utilities===&lt;br /&gt;
The Commission is obligated to acquire the width of right of way required by the design of the highway improvement. For utility facilities currently located within the Commission’s right of way, this includes the necessary space for the utility facilities impacted by the design of the highway improvement. Either additional right of way width to accommodate a utility corridor or a utility easement can be obtained for the relocation of utility facilities. When drainage easements are acquired along a channel, additional space for utility facilities should be considered to avoid conflicts between the utility facility and the bridge or culvert.&lt;br /&gt;
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District utilities staff should inform the utility owner’s representative of the potential of a conflict between an existing utility facility and a proposed highway construction project early in the project development process to allow sufficient time for the utility owner to prepare a plan of adjustment and notify the district utilities staff of any easement needs. When utility facilities are located on a utility owner’s private easement, the utility owner may obtain its own new easements. If the utility owner is not in a position to negotiate for new easements or if the utility owner’s policies will not permit it to condemn property to obtain the easement, MoDOT can acquire the easement in the same manner roadway right of way is obtained. The district utilities staff should verify the utility owner is aware of the opportunity to have MoDOT acquire the easement, and the utility owner should provide written documentation on whether the utility owner would like to pursue this option with MoDOT.&lt;br /&gt;
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For situations where the utility owner will obtain its own replacement right of way and the cost of the adjustment is MoDOT’s responsibility, the utility right of way cost should be reviewed by the district right of way department to ensure the cost is reasonable and acquisition followed state and federal regulations. In order to expedite utility adjustments necessary to allow highway construction, the district utility staff may authorize the utility owner to obtain easements prior to all details of a plan of adjustment being developed. In this situation, the district utilities staff should ensure enough details are known to justify the needed right of way, and an agreement for right of way costs only should be executed with the utility owner.&lt;br /&gt;
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For situations where MoDOT will obtain the right of way necessary to allow highway construction, district utility staff should negotiate with the utility owner’s representative to ensure all necessary utility easements are shown on the approved right of way plans. The TPM should confirm with district utilities staff that the right of way plans accurately reflect the needs of the utility owners prior to requesting right of way plan approval. The district Right of Way Manager should confirm with district utilities staff before requesting an acquisition date (A-date). Every effort should be made to avoid adding utility easement requests once negotiations with property owners have begun.&lt;br /&gt;
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Occasionally, when negotiations cannot be completed for easements for the adjustment of utility facilities, it may be necessary to condemn for the property. District utilities staff should coordinate with the utility owner’s representative to ensure no alternate design for the adjustment of the utility facility is practical. The decision to condemn for easements for the adjustment of the utility facilities requires the exercise of good judgment in reaching the conclusion that further good faith negotiations are futile and condemnation is necessary to maintain the project in the scheduled letting. The TPM should coordinate with the district utilities staff and district Right of Way (RW) personnel on the condemnation proceedings.&lt;br /&gt;
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Easement and other right of way documents used with utility owners are handled in accordance with procedures established jointly with RW and district utilities staff. District survey staff prepare the land descriptions for use in utility easements. The district utilities staff is responsible for completion of the easements in the correct form and scope. A sketch delineating the area described is attached to the easement as Exhibit “A”. Communication with the Design Division will ensure use of proper forms, corporate names and locations, and particular wording required for joint ownerships. The description for a utility easement is to be referenced to the nearest land corner shown on the plans. Examples of easements can be found in the template list in [https://netprod3.dot.missouri/eAgreements/Search/QuickSearch eAgreements].&lt;br /&gt;
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In situations where MoDOT is acquiring right of way with existing utility easements, but the district utilities staff and the utility owner’s representative agree that the utility facility may remain in place, the utility owner will release the property to the Commission separate from the right of way acquisition. This is done by executing an Easement for Highway Construction (UT16). The utility owner grants and conveys, with warranty of title expressed or implied, to the Commission, the right to construct, reconstruct, and maintain a highway over and across that portion of the easement owned and held by the utility owner. In the future, the utility owner retains any reimbursable rights should future projects require adjustments to allow highway construction.&lt;br /&gt;
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==643.2.8 Cost Responsibility==&lt;br /&gt;
In addition to determining if a conflict exists between an existing utility facility and a highway improvement project, it is important to determine who is responsible for the costs of the necessary adjustments to allow highway construction. An adjustment for which the Commission is responsible for the costs is known as a reimbursable adjustment. An adjustment for which the Commission is not responsible for the costs is known as a non-reimbursable adjustment. An adjustment for which the Commission and the utility share responsibility for costs is known as a partially reimbursable adjustment. Adjustments determined to be reimbursable or partially reimbursable by the Commission are to be completed under the terms of an agreement executed between the utility owner and the Commission.&lt;br /&gt;
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===643.2.8.1 Commission Responsibility===&lt;br /&gt;
====643.2.8.1.1 Utility Facilities Located on Private Easements====&lt;br /&gt;
When the utility facility is located on a private easement within the new right of way to be acquired for a future project, the Commission is responsible for the cost of the necessary adjustments to allow highway construction. It may be possible that such easement does not have written easement rights. The Commission will honor this oral right provided acceptable documentation is provided by the utility owner to the district utilities staff. An [https://epg.modot.org/forms/general_files/DE/NonwrittenEasementRights_Example.docx example of acceptable documentation for not written easement rights] is available. Other forms of documentation will be considered on an individual basis.&lt;br /&gt;
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=====643.2.8.1.1.1 Future Moves=====&lt;br /&gt;
When the utility facility is located on a private easement, taken into the Commission’s right of way, the Commission may agree that any future moves of the same utility by Commission order may be made at the Commission’s cost. Documentation of this agreement is by an Easement for Highway Construction (UT16) agreement. If the Commission provides a substitute private easement, then the Commission will have future obligations consistent with the utility facility’s status in an easement.&lt;br /&gt;
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====643.2.8.1.2 Utility Facilities Located within Commission Right of Way====&lt;br /&gt;
When the utility facility is located within Commission right of way, but has prior land rights, the Commission is responsible for the cost of adjustments to allow highway construction. The utility owner is responsible for documenting to the satisfaction of the district utilities staff, the basis for the claim of prior land rights within Commission right of way. Time spent researching prior rights is considered coordination and is reimbursable.&lt;br /&gt;
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====643.2.8.1.3 City or County Utility Facilities on City or County Streets====&lt;br /&gt;
When roadway improvements are within the corporate limits of cities, towns, and villages, a municipal agreement is negotiated between the Commission and the municipality. Likewise, when roadway improvements are within the limits of a county and outside the municipal limits, a county agreement is negotiated between the Commission and the County Commission. Included in these agreements are provisions regarding reimbursement for adjusting city or county owned utility facilities. Reimbursement is provided for adjustment of city or county owned utility facilities that are now located on city or county streets and not on Commission right of way.&lt;br /&gt;
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====643.2.8.1.4 Lumen====&lt;br /&gt;
Lumen – National (formerly CenturyLink, Lightcore, or Digital Telephone, Inc. (DTI)) and the Commission have entered into a partnership agreement, “Amended and Restated Fiber Optic Cable on Freeways in Missouri,” executed June 5, 2003 which obligates the Commission to be responsible for the cost of the necessary adjustments to allow highway construction along the routes identified in the agreement. A copy of the agreement is available to district utilities staff.&lt;br /&gt;
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====643.2.8.1.5 Services to the Commission====&lt;br /&gt;
When a utility facility provides a service connection to local Commission facilities such as power to traffic signals, lighting, ITS, and cathodic protection and phone drops to traffic signal controllers or other Commission facilities, the Commission is responsible for the cost of the necessary adjustments to allow highway construction.&lt;br /&gt;
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====643.2.8.1.6 Private Service Lines====&lt;br /&gt;
While most utility owners reconnect the private service lines at no cost to the property owner, some do not. If a utility owner does not reconnect service lines, MoDOT can include adjustment of private service lines in roadway contracts. Bid items for relocating service connections are provided for the different types of anticipated adjustments.&lt;br /&gt;
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====643.2.8.1.7 Second Moves====&lt;br /&gt;
If the Commission requires additional work to a utility facility after the facility has been relocated or adjusted in accordance with a plan of adjustment approved by the Commission for a single project number, the Commission is responsible for the cost of the additional work regardless of whether the initial adjustment was Commission responsibility as outlined in other parts of [[643.2_Local_Utility_Adjustments_-_Public_and_Private#643.2.8.1_Federalizing_Funds_for_Preliminary_Engineering|643.2.8.1]].&lt;br /&gt;
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The purpose of the policy is to encourage utilities to relocate early rather than waiting until plans are published for bidding. The policy eliminates the utility having to relocate twice at its own expense because of late changes in the design. It is best to have utilities relocated prior to construction, and this policy helps achieve that goal. Therefore, it is imperative that the designer notifies district utilities staff as soon as possible of any changes made after these plans have been sent. If notified immediately, it may be possible to inform the utility owner prior to their final design thereby eliminating a second move.&lt;br /&gt;
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Under this policy, the following are not considered second moves. Temporary and staged relocations necessary to accommodate construction and agreed upon by the utility and the Commission prior to relocation are considered a single move and are not subject to the provisions of the second move policy. If the Commission requires adjustment of a utility facility for which the utility owner is responsible for the cost of the adjustment and was originally determined to not need adjustment, the utility owner is responsible for the cost of the adjustment. The utility owner is responsible for the cost of additional work to any portion of the utility facility after the utility facility has been adjusted in accordance with a plan of adjustment approved by the Commission if the additional work is required by the Commission due to error by the utility owner in preparation of plan of adjustment, field location of, or construction of the adjustment of the utility facility.&lt;br /&gt;
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When evaluating construction contract changes by change order or value engineering, the impacts of the second move policy should be considered.&lt;br /&gt;
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===643.2.8.2 Utility Owner Responsibility===&lt;br /&gt;
====643.2.8.2.1 Utility Facilities Owned and Operated by a Political Subdivision====&lt;br /&gt;
When a utility facility is located within Commission right of way, but does not have prior land rights, the utility owner is responsible for the cost of the necessary adjustments to allow highway construction. When a utility facility is located on public right of way other than Commission right of way, the utility owner is responsible for the cost of the necessary adjustments to allow highway construction.&lt;br /&gt;
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When a political subdivision must bear part or all the cost of adjustments to their utility facilities, and the cost creates a financial hardship, the Commission, by its authorized representative, the Chief Engineer, may temporarily assume these costs. A payback agreement with the political subdivision will include an applicable interest rate for a comparable maturity from a widely published index of tax-exempt municipal rates obtained from Financial Services. Payback time will not exceed five (5) years.&lt;br /&gt;
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====643.2.8.2.2 Utility Facilities Other Than Those Owned by a Political Subdivision====&lt;br /&gt;
When a utility facility is on the right of way of a public road or street or on state highway right of way without prior land rights and adjustment is necessary to allow for the construction of a roadway improvement, the utility owner is responsible for the cost of the necessary adjustments to allow highway construction.&lt;br /&gt;
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===643.2.8.3 Shared Responsibility===&lt;br /&gt;
When a utility facility is located such that portions of it are a Commission responsibility and portions of it are a utility owner responsibility by the definitions above, the costs of the necessary adjustments to allow highway construction will be split by the Commission and the utility owner. If the exact cost for each party can be determined, each party will be responsible for their portion of the cost of relocating the utility facility. If the exact cost for each party cannot be determined, the parties will arrive at a percentage reimbursement on an equitable basis.&lt;br /&gt;
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===643.2.8.4 Notice of Hearing===&lt;br /&gt;
When relocation or other difficulties with utility facilities on public right of way arise that prevent resolution by negotiation, formal hearings will be required.&lt;br /&gt;
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The district initiates a request for a utility relocation hearing with a letter to the Chief Counsel’s Office (CCO) (a copy is provided to the Design Division) requesting a hearing date. CCO will arrange for a hearing room, court reporter, etc. and advise the district of the hearing date.&lt;br /&gt;
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The district will prepare the notice of hearing by strictly following the given format and serve the notice on all persons and utility owners listed. The property and utility owner must be served only by personal service or by mailing a certified letter, return receipt requested, no later than 15 days before the date of hearing. This will require the district to make every effort to identify the correct property owner before preparing the notice of hearing. To avoid delays, every attempt will be made to issue the hearing notice at least 30 days prior to the hearing date in case any property has changed ownership and any additional property owners must be served. A notice of hearing on service line connections will also be served on the private or public owner of the main or distribution line to which the service lines are connected. A notarized &amp;quot;Report of Personal Service&amp;quot; will be completed when notification by certified mail is not used.&lt;br /&gt;
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One copy of the hearing notice and attachments, &amp;quot;Report of Personal Service&amp;quot; and certified mail notices are to be submitted to CCO after notification is complete.&lt;br /&gt;
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Prior to the hearing, the district&#039;s representative will become familiar with the details of the utility adjustment in order to provide concise testimony to expedite the hearing process. CCO will assign an attorney to work with the district and present the case.&lt;br /&gt;
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Refer to 7 CSR 10-3.030 020 Utility Relocation Hearings for additional information.&lt;br /&gt;
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A Waiver of Hearing should be obtained for non-reimbursable adjustments to document the commitment of the utility owner to adjust its utility facilities without adversely impacting the highway construction project. This may be accomplished informally via written communications between the district utilities staff and the utility owner’s representative. A [https://epg.modot.org/forms/general_files/DE/WaiverOfHearingForm.docx formal Waiver of Hearing statement] may be requested by either MoDOT or the utility owner. A [https://epg.modot.org/forms/general_files/DE/WaiverOfHearingLetter.docx sample transmittal letter for the Waiver of Hearing] is available. For reimbursable or partially reimbursable adjustments, the formal agreement serves as the basis of documentation of this commitment.&lt;br /&gt;
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==643.2.9 Estimates==&lt;br /&gt;
District utilities staff will negotiate with utility owners to determine reimbursable costs of the necessary adjustments to allow highway construction ([[#643.2.8_Cost_Responsibility|EPG 643.2.8 Cost Responsibility]]). These estimates are prepared in accordance with the provisions of 23 CFR 645 and any amendment thereto. These estimates must reflect the same procedures and costs used by the utility owners in their normal operations and must also accurately represent the expected costs of the work. The utility owner’s estimate will be reviewed by the district utilities staff to ensure compliance with 23 CFR 645.&lt;br /&gt;
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===643.2.9.1 Independent Cost Estimate===&lt;br /&gt;
The independent cost estimate provides the basis for district utilities staff to review the utility owner’s estimate of costs of the necessary utility adjustments to allow highway construction and any subsequent negotiations with the utility owner. The district utilities staff should prepare an independent cost estimate. The independent cost estimate may be based on unit prices of anticipated items of work in a utility adjustment necessary to allow highway construction. The independent cost estimate alternately may be based on recent similar types of utility adjustments necessary to allow highway construction and scaled for size. Consultants can be used to develop the independent cost estimate. All documentation of the independent cost estimate should be placed in MoProjects.&lt;br /&gt;
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===643.2.9.2 Type of Project Cost Estimates===&lt;br /&gt;
Either Actual Cost or Lump Sum estimates may be used for estimating the costs on the necessary utility adjustments to allow highway construction. If an Actual Cost estimate is used, detailed records of materials, labor, and equipment are made by district utilities and/or construction staff during construction, and a final audit of the utility owner’s cost records is made to determine the Commission’s actual responsibility for costs of the adjustment completed to allow highway construction. If a Lump Sum estimate is used, a final audit of costs for an adjustment in payment is not required. The Actual Cost method requires more detailed record keeping and documentation by the utility owner and district staff during construction. The Lump Sum method requires more upfront detail and work by the utility owner and judgment on the district utilities staff on the acceptability of the cost. The district utilities staff will work with the utility owner’s representative to determine the best type of estimate and therefore agreement to use.&lt;br /&gt;
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====643.2.9.2.1 Actual Cost Estimate====&lt;br /&gt;
The cost estimate that supports the actual cost agreement is prepared in sufficient detail to determine the reasonable expected cost of the work to support development of an agreement between the utility owner and the Commission. However, reimbursement is based on the actual costs of design and construction of the necessary adjustment to allow highway construction. The actual cost estimate should detail all costs of the necessary adjustment to allow highway construction, even if the Commission is only responsible for a portion of the costs as detailed in EPG [[#643.2.8.3_Shared_Responsibility|643.2.8.3 Shared Responsibility]].&lt;br /&gt;
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Actual cost estimates can be used for any dollar amount of reimbursement.&lt;br /&gt;
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====643.2.9.2.2 Lump Sum Estimates====&lt;br /&gt;
The cost estimate that supports the lump sum agreement must be accurate, comprehensive, verifiable, and in sufficient detail to present a clear picture of the work involved and the cost of the individual items. The estimate may cover only that portion of the adjustment for which the Commission is responsible for the costs of the necessary utility adjustments to allow highway construction.&lt;br /&gt;
Lump sum estimates are limited to a maximum of $200,000 of Commission responsibility of costs of the necessary utility adjustments to allow highway construction; however, exceptions may be made for special situations that have prior approval from Design Division. These exceptions usually cover major relocations for which the Commission&#039;s proportionate responsibility is extremely small.&lt;br /&gt;
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===643.2.9.3 Utility Cost Estimate Requirements===&lt;br /&gt;
Whether using an Actual Cost or Lump Sum estimate, the following should be included in the estimate, if applicable. If any of the following sections are not included in the estimate, a qualifying statement as to why the costs were not included should be provided.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.1 Scope of Work====&lt;br /&gt;
All estimates require a concise summary of the work to be performed on the estimate. An example is &amp;quot;an estimate of cost covering the work of relocating Company&#039;s 12-inch Cushing-Woodriver pipeline to accommodate construction of Route 47 in Franklin County on Job No. J6P0172&amp;quot;.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.2 Engineering Costs====&lt;br /&gt;
Costs of engineering, whether preliminary or construction, must be shown as separate items and are not to be included with &amp;quot;labor costs&amp;quot;. Concurrent cost accounting procedures of FHWA and MoDOT make this a necessity. See [[#643.2.6_Preliminary_Engineering_Requirements|EPG 643.2.6 Preliminary Engineering]] and [[#643.2.16.2_Construction_Contract_Requirements|EPG 643.2.16.2 Construction Contract Requirements]] for further information.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.3 Right of Way Costs====&lt;br /&gt;
A detailed estimate of the cost to acquire replacement easements by the utility owner is required. The cost should be supported by a right of way plan.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.4 Material Costs====&lt;br /&gt;
Quantities, description of the item, the unit cost, and the extended totals are shown. Percentage computations will be shown immediately following &amp;quot;total cost&amp;quot; so the utility owner’s and Commission&#039;s cost obligations are properly indicated. Unit assembly costs similar to those used by several of the rural electric association (R.E.A.) cooperatives are acceptable, provided the same units and charges are used in the utility owner’s regular operations. A handling charge conforming with the utility owner’s regular procedures may also be included.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.5 Labor Costs====&lt;br /&gt;
Hours, individual or crew rates, and extended totals are shown. Payroll additives such as insurance, retirement, social security, vacation, and other benefits are shown as a separate item under this heading in accordance with utility owner’s regular procedures. Adequate explanation must be given for total percentage used, especially in those cases where materials and labor are combined as unit costs or where labor percentages include additives and equipment requirements.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.6 Equipment Costs====&lt;br /&gt;
A description of the equipment to be used must be shown jointly with the number of hours to be charged. Rates charged for equipment usage must be justified by the utility owner’s established accounting procedures. When the utility owner does not have an established accounting procedure or a capitalization and depreciation schedule that is used in its own operations, the rates are to be established by using rental rate publications as a guide. A reasonable amount will be deducted, when using rental rate schedules, for profit that the rental company realizes. A full explanation of the methods used in establishing the rates must also be submitted to support the utility owner’s request and with approval of the district utilities staff.&lt;br /&gt;
&lt;br /&gt;
Equipment may be rented when the utility owner’s equipment is not available or is inadequate, with the rental rate justified by appropriate solicitation of bids. See [[#643.2.16.2_Construction_Contract_Requirements||EPG 643.16.2 Construction Contract Requirements]] for further information.&lt;br /&gt;
&lt;br /&gt;
Unusual accounting procedures may be accepted with adequate prior explanations and approval of the Design Division.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.7 Removal Costs====&lt;br /&gt;
These costs are estimated and shown in a similar method but separately from installation costs. When removal costs exceed salvage credits by more than the estimated cost of removal by the roadway contractor, an effort should be made to persuade the utility owner to abandon the utility facilities in place. An exception is made when the utility owner is required to remove abandoned utility facilities because of liability, hazard, or by specific agreement with the Commission. Abandoned utility facilities can be included with the miscellaneous removals in the roadway contract. It may be possible for the utility owner to remove those portions of the utility facility for which credits will exceed removal costs, with the remainder of the utility facility to be abandoned for removal in the roadway contract. Materials removed must be itemized, with the utility owner’s customary salvage credit given. Items to be scrapped or junked should be indicated. Whenever a utility facility or portion thereof is shown to be abandoned on the plan of adjustment, the roadway plans should be notated accordingly. This eliminates ownership problems if these utility facilities are removed or salvaged by the roadway contractor.&lt;br /&gt;
&lt;br /&gt;
When the utility facility is no longer needed and removal is necessary to accommodate the roadway project, the removal of the item may be handled either as a right-of way-item or a utility adjustment. When handled as a right of way item, the damages allowed are to equal the depreciated value of the utility facility, with the necessary removals being accomplished by the roadway contractor. If accomplished as a utility adjustment, the Commission, by utility agreement, will reimburse the utility owner for removal costs and receive salvage credit for the material removed, up to but not exceeding removal costs.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.8 Salvage of Removed Materials====&lt;br /&gt;
This statement, to explain the salvage credit or lack of credit, will reflect routine utility owner policy as well as the particular situation. The utility owner will place a value on any recovered material for salvage. District utilities staff should check this value for reasonableness. Examples of salvage statements include:&lt;br /&gt;
* Existing utility facilities to be abandoned in place, since the cost of salvaging, based on our past experience, will exceed their value.&lt;br /&gt;
* Only those items will be salvaged for which salvage credit will exceed the cost of removal and salvage.&lt;br /&gt;
* Company liability requires removal of the retired utility facilities, even though the cost of removal will exceed allowable credit for salvage.&lt;br /&gt;
* Salvage credits are in accordance with established company accounting procedures.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.9 Accrued Depreciation Credits====&lt;br /&gt;
Credit is required for the accrued depreciation of a utility facility that is being replaced. Examples are a building, structure, pumping station, filtration plant, power plant, substation, or other similar operational unit. Credit for accrued depreciation will not be required for a segment of the utility&#039;s service, distribution, or transmission lines. It is also not required when the building or structure is being moved as necessitated by the highway project. Acceptable accrued depreciation credit will be determined by using the following formula:&lt;br /&gt;
&amp;lt;math&amp;gt;\frac{\text{Actual Length of Service of Replaced Facility (Years)}}{\text{Total Estimated Service Life of Replaced Facility (Years)}} x&amp;lt;/math&amp;gt;&amp;lt;span style=&amp;quot;font-family: &#039;Times New Roman&#039;, Times, serif; font-size: 130%;&amp;quot;&amp;gt; Original Cost ($) = Credit ($)&amp;lt;/span&amp;gt;&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.10 Betterment Credits====&lt;br /&gt;
Betterment means the upgrading of the utility facility being relocated, made solely for the benefit of and at the election of the utility owner and is not attributable to the roadway improvement. Credit to the Commission is required for the additional costs incurred for the betterments introduced in the adjusted utility facility. No betterment credit is required for additions or improvements which are:&lt;br /&gt;
* Required by the highway project&lt;br /&gt;
* Replacement devices or materials that are of equivalent standards although not identical&lt;br /&gt;
* Replacement of devices or materials no longer regularly manufactured with next highest grade or size&lt;br /&gt;
* Required by law under governmental and appropriate regulatory commission code&lt;br /&gt;
* Required by current design practices regularly followed by the utility owner in its own work, and there is a direct benefit to the highway project&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.11 Overhead Costs====&lt;br /&gt;
Overhead costs are usually a percentage of the total labor cost. This item must be in accordance with the utility owner’s established accounting procedures, which in some cases may include handling costs or be a percentage of the total cost of the work involved. Additional attention to overhead costs is required when the rate is different from previously accepted rates. Occasionally, it can be difficult to obtain the necessary information at the time of the estimate to approve the overhead rates. In this situation, the estimate can be approved with exception of the overhead rates for payment. The utility owner is informed of this matter with the understanding that the overhead rates could be approved and paid with submission of appropriate supporting data and Financial Services audit review.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.12 Prorating Costs====&lt;br /&gt;
The need for prorating utility adjustment costs occurs when both the Commission and the utility owner are responsible for a portion of the utility adjustment necessary to allow for highway construction, and the actual costs for reimbursement in each category cannot be explicitly determined. Generally, the following conditions require division of costs:&lt;br /&gt;
* The adjustment is considered partially reimbursable per [[#643.2.8.3_Shared_Responsibility|EPG 643.2.8.3 Shared Responsibility]]&lt;br /&gt;
* Betterments are included in the necessary adjustment of the utility facility&lt;br /&gt;
&lt;br /&gt;
The district utilities staff should negotiate with the utility owner’s representative to determine an equitable basis for the prorating of costs based on the characteristics of the utility adjustment necessary to allow for highway construction.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.13 Costs Records====&lt;br /&gt;
The estimate should include a statement as to where the utility owner’s cost records may be reviewed. An example: &amp;quot;Company cost records will be available in our office at 2134 Industrial Avenue, Tulsa, Oklahoma&amp;quot;.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.14 Other====&lt;br /&gt;
Additional statements will explain or further clarify the work that is included. Such other items may include bypasses, special equipment, need for larger utility facilities, etc.&lt;br /&gt;
&lt;br /&gt;
==643.2.10 Schedule==&lt;br /&gt;
Timely adjustments of utility facilities are essential for efficient completion of highway construction projects. Ideally, all utility adjustments are completed prior to a project’s Plans, Specifications, and Estimate (PS&amp;amp;E) submittal to Central Office. Depending on the specifics of the highway construction and utility adjustment necessary, early completion of the utility adjustment may not be practical. The district utilities staff should negotiate with the utility owner to determine the schedule parameters necessary for the utility adjustment. At a minimum, the utility owner should document the dates it anticipates starting and completing the work. If a utility adjustment depends upon the completion of a portion of the highway construction, the necessary milestone for starting the utility adjustment should be documented along with an anticipated number of working days to complete the utility adjustment. The schedule is included as Exhibit “C” to the agreement.&lt;br /&gt;
&lt;br /&gt;
==643.2.11 Pre-Audits==&lt;br /&gt;
The district utility staff performs a pre-audit review and approval prior to preparation of the agreement. A [https://epg.modot.org/forms/general_files/DE/PreAuditChecklist.docx pre-audit checklist] should be completed and saved in MoProjects.&lt;br /&gt;
&lt;br /&gt;
==643.2.12 Utility Agreements==&lt;br /&gt;
Whenever the Commission is responsible for the cost of the necessary adjustments to allow highway construction, an agreement is required. If a Master Reimbursable Utility Agreement (see [[#643.2.12.2_Master_Reimbursable_Utility_Agreements|EPG 643.2.12.2]]) has not been executed with the utility owner, a Project Specific Agreement (see [[#643.2.12.3_Project_Specific_Agreements|EPG 643.2.12.3]]) is executed between the utility owner and the Commission. In some cases, it may be more practical for the Commission to include adjustment of utilities into a Commission administered contract. A Utility Agreement - Actual Cost (For Utility Work That is to be Included in the Missouri Highways and Transportation Commission&#039;s Road Project) (see [[#643.2.12.4_Agreement_for_Utility_Work_Included_in_Roadway_Improvement_Project|EPG 643.2.12.4]]). Agreements include a plan of adjustment (Exhibit “A”), cost estimate (Exhibit “B”), and schedule (Exhibit “C”).&lt;br /&gt;
&lt;br /&gt;
The Utility Agreement boilerplate forms have been approved by the Chief Counsel’s Office (CCO). They are identified in the upper left-hand corner of each agreement by an identifier such as CCO Form: UT01 for the Master Reimbursable Utility Agreement. CCO updates these agreements as necessary. They serve as a guide in the preparation of the agreement to be executed with the utility owner for the adjustments required to their utility facilities to accommodate the proposed roadway improvement project. District utilities staff should use the latest version of the agreement found in [https://netprod3.dot.missouri/eAgreements/Search/QuickSearch eAgreements] in drafting an agreement with utility owners. A list of utility agreements and detailed information concerning the sequence for preparing and executing an agreement is available in EPG [[:Category:153_Agreements_and_Contracts|153 Agreements and Contracts]].&lt;br /&gt;
&lt;br /&gt;
These forms are to be used word for word. Revisions or additions are only made to address specific project details. The intent of each paragraph must be retained, although specific words may be revised to fit the particular situation. No paragraphs are deleted without prior approval from CCO. For guidance on acceptance of liability, refer to the [[:Category:153_Agreements_and_Contracts#153.1.1.2_Acceptance_of_Liability_Policy_(MoDOT_Access_Only)|Acceptance of Liability Policy]] at the CCO SharePoint page. Drafts of agreements having major revisions or complications are to be submitted, with supporting data, to Design Division for comment and approval.&lt;br /&gt;
&lt;br /&gt;
A reference to 23 CFR 645 is included in all agreements. Utility owners must be acquainted with these requirements and procedures. The incorporation of 23 CFR 645 by reference in all agreements eliminates the need for a second set of regulations to be included in the document.&lt;br /&gt;
&lt;br /&gt;
The agreement for the adjustment of a utility is prepared by the district utilities staff and submitted to the utility owner for execution. The agreement is based on the plan, estimate of cost which was prepared in accordance with 23 CFR 645, and schedule. Authorized individuals representing the utility owner will execute the agreement. The agreement must be signed, sealed, and if necessary, notarized by the utility owner. If the utility owner does not have or use a corporate seal, write &amp;quot;NO SEAL&amp;quot; under the signatures of the owner’s officers. Agreements with political subdivisions are to be supported by an appropriate ordinance, a copy of which is to be submitted with the executed agreements. All copies will be forwarded to the CCO for further handling. A fully executed copy of the agreement will be retained in eAgreements. If the agreement was executed using electronic signatures, the district utilities staff should forward an electronic copy of the fully executed agreement to the utility owner. If the agreement was executed using wet signatures, one (1) paper copy of the fully executed agreement will be returned by the Commission Secretary’s Office to the district utilities staff. The district utilities staff will forward this copy to the utility owner.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.1 Buy America Build America Requirements===&lt;br /&gt;
All agreements contain information on Buy America Build America (BABA) compliance. The utility owner should select the method of certification (See [[#643.2.19_Buy_America_Build_America_for_Utilities|EPG 643.2.19]]) at the time of agreement completion. The appropriate paragraph will be inserted into the agreement. All BABA compliance documents must be retained by the utility owner and made available upon request at no cost to the Commission and/or FHWA.&lt;br /&gt;
&lt;br /&gt;
====643.2.12.1.1 Utility Owner Self-Certification====&lt;br /&gt;
The City/Company certifies that when determining products/materials subject to Buy America Build America requirements to use in the performance of this Agreement, it shall use only such products/materials for which it has received a certification from its supplier, or provider of construction services that procures the product/material, certifying compliance with Buy America Build America requirements. This does not include products/materials for which waivers have been granted pursuant to 23 CFR 635.410. The City/Company will not be required to provide the Commission copies of the supplier certification as part of this Agreement or with the final invoice of said Commission’s Federal-Aid Highway Construction Project.&lt;br /&gt;
&lt;br /&gt;
====643.2.12.1.2 Vendor/Manufacturer Certification====&lt;br /&gt;
The City/Company certifies that when determining products/materials subject to Buy America Build America requirements to use in the performance of this Agreement, it shall use only such products/materials for which it has received a certification from its supplier, or provider of construction services that procures the product/material, certifying compliance with Buy America Build America requirements. This does not include products/materials for which waivers have been granted pursuant to 23 CFR 635.410. The City/Company shall provide to the Commission all Buy America compliance documents as outlined in the Commission’s Engineering Policy Guide 643. All required compliance documents shall accompany the final invoice submitted to the Commission.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.2 Master Reimbursable Utility Agreements===&lt;br /&gt;
The UT01: Master Reimbursable Utility Agreement (MRUA) is a statewide agreement that has been executed by the utility owner and the Commission for all future reimbursable utility adjustments between both parties. Once a MRUA is executed, no other utility agreements are required on design-bid-build projects. The district utilities staff should encourage utility owners to enter into a MRUA with the Commission to reduce potential future delays in executing a project specific agreement. A list of previously executed [https://modotgov.sharepoint.com/sites/DE/Utilities/Agreements/MRUA%20-%20Existing?csf=1&amp;amp;web=1&amp;amp;e=4LJHoa Master Reimbursable Utility Agreements (Modot Access Only)] is available. District utilities staff should add newly executed agreements to this list. The MRUA can be employed as either an actual cost ([[#643.2.12.3.1_Actual_Cost_Agreements|EPG 643.2.12.3.1]]) or lump sum ([[#643.2.12.3.2_Lump_Sum_Agreements|EPG 643.2.12.3.2]]) agreement. When the reimbursable adjustment will utilize a MRUA, the district utilities staff will prepare a MRUA correspondence letter (“letter agreement”) referencing the executed MRUA. A copy of the MRUA correspondence letter should be saved in MoProjects for reference by Financial Services, the district construction office, and the district staff responsible for inspection of utility adjustments. All project specific items such as type of agreement (actual cost or lump sum), plan of adjustment, estimated total cost, cost allocation, and schedule are addressed in the MRUA correspondence letter from the district utilities staff to the utility owner. A flowchart of the MRUA process is available.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.3 Project Specific Agreements===&lt;br /&gt;
If a utility owner does not have a MRUA with the Commission, a project specific agreement will be required for every project for which the Commission is responsible for the necessary adjustments to allow highway construction. The project specific agreement will be either an actual cost (EPG 643.2.12.3.1) or lump sum (EPG 643.2.12.3.2) agreement.&lt;br /&gt;
&lt;br /&gt;
====643.2.12.3.1 Actual Cost Agreements====&lt;br /&gt;
The UT03: Utility Agreement – Actual Cost is used when detailed estimates are not practical or costs appear to be questionable. Details on actual cost estimates can be found at EPG 643.2.9.2.1 Actual Cost Estimates. Once the final invoice on a UT03 is submitted to Financial Services, district utilities staff should change the status on the agreement in eAgreements to completed.&lt;br /&gt;
&lt;br /&gt;
====643.2.12.3.2 Lump Sum Agreements====&lt;br /&gt;
The UT02: Utility Agreement – Lump Sum eliminates the need for keeping detailed records of cost and the auditing of cost records. Estimates of cost must be prepared in detail for use of this agreement. When detailed estimates are not practical or costs appear unreasonable, actual cost agreements are to be used. Use of special forms of agreements, such as &amp;quot;subordination agreements&amp;quot;, which are desired by certain utility owners, is acceptable. These, too, must be revised to cover the particular situation. Details on lump sum estimates can be found at EPG 643.2.9.2.2 Lump Sum Estimates. Once the final invoice on a UT02 is submitted to Financial Services, district utilities staff should change the status on the agreement in eAgreements to “completed”.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.4 Agreement for Utility Work Included in Roadway Improvement Project===&lt;br /&gt;
The UT04: Utility Agreement - Actual Cost (For Utility Work That is to be Included in the Missouri Highways and Transportation Commission&#039;s Road Project) allows for the adjustment to be based on actual cost with the roadway contractor performing the utility work. Caution should be exercised in the type of utilities to be relocated in roadway contracts. Utilities recommended are waterlines and sewer lines. Other utilities, such as gas lines, communication lines, and power lines are to be studied thoroughly before being included in the project.&lt;br /&gt;
&lt;br /&gt;
The Transportation Project Manager and district utilities staff must plan ahead to get this work in the roadway contract. The utility owner must agree to include the utility adjustment in the roadway contract. The adjustment may be on highway right of way or on private easement in the name of the utility owner. The utility owner can agree to allow MoDOT’s contractor to work in its easement. However, district utilities staff in consultation with district right of way staff should review the easement documentation to verify the utility owner’s rights to the easement and any limitations on its use. MoDOT’s contractor can work and operate on both Commission right of way and on the utility easement, even when not directly connected to the Commission right of way, as part of the job site. Temporary construction easements may be necessary in addition to the utility easement to ensure adequate working room for the contractor.&lt;br /&gt;
&lt;br /&gt;
:The utility owner may request exemption to any liability for negligence of our contractor working on their easement. The Commission can assume that liability (refer to Acceptance of Liability Policy), but it should be included in the utility agreement if so desired by the utility owner. A Job Special Provision is necessary to require the MoDOT contractor to hold the utility harmless from all claims due to contractor negligence.&lt;br /&gt;
&lt;br /&gt;
Subsurface information, i.e. boring data, etc., should be obtained by the utility owner since it may be needed for the design of the utility adjustment. This information should be included in the plans. If the utility owner must bear all or part of the cost of the adjustment, the utility owner must agree to pay a pre-deposit to the Commission prior to opening bids on the project. This should be in the utility agreement. The pre-deposit will be credited to the &amp;quot;Missouri Highway and Transportation Commission - Local Fund.&amp;quot; Any interest earned in the fund will apply to the cost of the adjustments. The utility agreement will include language that the utility will inspect the installation and assume maintenance of the utility facility after construction. MoDOT will also provide engineering supervision to be sure the road contractor is in compliance with the contract. Utility plans and specifications are to be approved by the owner prior to submittal to the Central Office. The following items will provide minimum information to allow MoDOT’s contractor to bid the work.&lt;br /&gt;
# Individual bid items (not &amp;quot;lump sum&amp;quot;) should be established to promote better bidding and to handle overruns and underruns. Bid items not included on the Computer Stored Bid Item list should be &amp;quot;99&amp;quot; numbers.&lt;br /&gt;
# he bid package must be in our letting format. If the package was prepared by a consultant as if the utility owner were going to let it, all bid bond or bidding procedures must be screened to remove requirements contrary to MoDOT letting requirements. District utilities staff should work with the Transportation Project Manager, Design Liaison Engineer, and Central Office Bidding and Contract Services to ensure this requirement is met.&lt;br /&gt;
# The specifications required by the utility owner should be reviewed for items that could cause a bid problem for our contractor. Items such as non-readily available materials or sizes should be avoided.&lt;br /&gt;
# Utility plan sheets should be .pdf files equivalent to 22 in. x 34 in. It is helpful to have a quantity sheet specifically for utility items.&lt;br /&gt;
# Any special procedures required for the utility installation should be included in the Job Special Provisions.&lt;br /&gt;
# The utility package should be submitted on-time to Central Office with other project plans.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.5 Agreement for a Utility Only Project===&lt;br /&gt;
Any of the above agreements can be modified for a utility only project separate from the roadway project. The utility only project may be done by forces hired by the utility owner or by the Commission. A separate utility only project has distinct advantages when the following occurs:&lt;br /&gt;
* The utility work is extensive&lt;br /&gt;
* It must be performed in accordance with the utility owner’s seasonal requirements&lt;br /&gt;
* It extends beyond the limits of the construction project&lt;br /&gt;
* It must be performed considerably in advance of the roadway contract&lt;br /&gt;
&lt;br /&gt;
Necessary environmental and design work is still required for the limits of the separate utility only project. It may be necessary in these cases to have a second agreement with the utility owner to cover any other work that must be performed concurrently with the roadway contract. These latter agreements will use the roadway construction job number. Early need for utility projects is to be determined at the time when the STIP is updated each year. The utility construction funds will be shown in the year right of way funds are assigned. This will be done whenever possible to secure early adjustment of utility facilities. A request by the district is sent to the Planning Division. Estimated dollar amounts for utility adjustments are needed. These are estimates and do not need to be extremely accurate. When a special utility project is established, it is preferred, if at all possible, to include all the utility adjustments necessary for the entire roadway project. If funds are available, additional agreements can be added to this utility project until the final invoice for the first completed agreement is received for payment.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.6 Supplemental Agreements===&lt;br /&gt;
For utility owners with a UT01 agreement, a supplemental letter agreement documenting the change in the scope or cost of the work is acceptable.&lt;br /&gt;
&lt;br /&gt;
The UT05: First Supplemental Agreement is used to document changes to UT02 and UT03 agreements. If changes to the scope of work occur that are anticipated to exceed $100,000 or 15% of the original agreement, a UT05 is required. If the final invoice on an actual cost adjustment without changes in the scope of work exceeds the limits shown in the table below, a UT05 is required.&lt;br /&gt;
&lt;br /&gt;
{| class=&amp;quot;wikitable&amp;quot; style=&amp;quot;margin-left: 25px; text-align:center&amp;quot;&lt;br /&gt;
! Amount in Original Actual Agreement !! Final Bill Total Exceeds Original Amount by:&lt;br /&gt;
|-&lt;br /&gt;
| 0-$25,000 || 50%&lt;br /&gt;
|-&lt;br /&gt;
| $25,000-$100,000 || 40%&lt;br /&gt;
|-	&lt;br /&gt;
| Exceeds $100,000 || 30%&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
Should multiple UT05s be required with the same utility owner, the UT05 should be modified for additional supplemental agreements. Once the final invoice on an UT05 is submitted to Financial Services, district utilities staff should change the status on the agreement in eAgreements to “completed”.&lt;br /&gt;
&lt;br /&gt;
==643.2.13 Utility Adjustments in Roadway Plans and Job Special Provisions (JSPs)==&lt;br /&gt;
It is the responsibility of the MoDOT Transportation Project Manager (TPM) to ensure utility plans of adjustment are shown on the project plans at the Plan, Specification, and Estimate (PS&amp;amp;E) stage based upon information coordinated by the district utilities staff with the appropriate utility owner.&lt;br /&gt;
&lt;br /&gt;
===643.2.13.1 Plans===&lt;br /&gt;
A legend showing all applicable utility symbols and the names of the utility owners is shown on the first special utility sheet. In the absence of special utility sheets, this information may be shown on the title sheet or the first plan and profile sheet. The following note is required to be placed on the title sheet or the first plan and profile sheet and the first special utility sheet (if used) to inform contractors of the suitability of the utility information contained on the plans.&lt;br /&gt;
&lt;br /&gt;
&amp;quot;The existence and approximate location of utility facilities known to exist, as shown on the plans, are based on the best information available to the Commission at this time. This information is provided by the Commission &amp;quot;as-is&amp;quot; and the Commission expressly disclaims any representation or warranty as to the completeness, accuracy, or suitability of the information for any use. Reliance upon this information is done at the risk and peril of the user, and the Commission shall not be liable for any damages that may arise from any error in the information&amp;quot;.&lt;br /&gt;
&lt;br /&gt;
===643.2.13.2 Job Special Provisions===&lt;br /&gt;
Since the addition of utility information on the plans, supplied by a third party, could subject the Missouri Highway and Transportation Commission to additional liability, a Utility JSP reflecting the status of utility adjustments will be required. The JSP will include the name, address, e-mail address, and telephone number of all utility owner representatives for all utility facilities located on the project. The anticipated adjustment completion date for each utility adjustment is also to be shown based on the agreed upon dates, durations, or completion dates with the utility owner’s representative. This information will inform the bidder of the status of utilities for proper work coordination that could affect the bids for the proposed highway construction project. Status notations will include general notations such as: “N/A”, “Work is in progress”, “Work has not started”, “Work is complete”, and “Work is included in contract.”&lt;br /&gt;
&lt;br /&gt;
===643.2.13.3 PS&amp;amp;E Submittal===&lt;br /&gt;
In the District Final Plans Submittal Checklist (D-12), the TPM should note any issues related to existing utility facilities or the adjustment of utility facilities either shown or not shown on the plans. Projects with “No Utility Impacts” such as some overlays, striping, bridge washing, etc. do not need a Utility Status Letter or Utility JSP. The D-12 is used for these projects. In the D-12, under Project Details – “Utilities”, the note “NO” is selected and under “Status”, select “Clear”. For all other projects, the district utilities staff will write a Utility Status Letter. The TPM will include the Utility Status Letter with the submittal of the final plans to the Design Division. The Utility Status will be defined as:&lt;br /&gt;
# Utility facilities are present, but no conflict is anticipated with the highway construction project. Or,&lt;br /&gt;
# All utility facilities requiring adjustment to allow highway construction have been physically adjusted on the project. Or,&lt;br /&gt;
# Utility construction work is planned or active and will be completed to such a point that no impact will be expected to the highway construction project. The status of this work is defined in the utility JSP. Or,&lt;br /&gt;
# Utility facilities are not expected to be adjusted by the notice to proceed date for the road project, but the utility work will have no impact on the progress of the highway construction project. The status of this work is defined in the utility JSP. Or,&lt;br /&gt;
# Utility facilities must be adjusted after the road contractor completes stage construction or in coordination with the contractors’ work. Details of the coordination effort required of the contractor are defined in the utility JSP to properly advise bidders. Or,&lt;br /&gt;
&lt;br /&gt;
# Utility adjustment plans and specifications are included in the bid documents for the highway construction project. A UT04 agreement must be executed.&lt;br /&gt;
&lt;br /&gt;
==643.2.14 Payment to Utility Companies for Reimbursable Work==&lt;br /&gt;
Authorization and federal funding obligation must be approved prior to incurring costs. This applies to all types of work on utility facilities including preliminary engineering. An obligation is a commitment by the federal government to reimburse MoDOT for the federal share of a project’s eligible cost.&lt;br /&gt;
&lt;br /&gt;
===643.2.14.1 Obligation Process===&lt;br /&gt;
Federal funding can be used with both lump sum and actual cost agreements. After the utility agreement is fully executed, the district utilities staff will email a copy of the utility agreement or the letter agreement referencing the MRUA to the email group OBLIGATE. This email should request the authorization authority for use of federal funds and to be informed of a Notice to Proceed (NTP) (see EPG 643.2.15) date by Financial Services once federal funding has been obligated. District utilities staff should allow three (3) weeks to receive the NTP. Financial Services will use Advance Construction (AC) funding to fund reimbursement to utility owners. With AC funding, state funds initially are used to pay for reimbursement to utility owners. Once construction is complete, with appropriate documentation of the work via the C-9 and C-13, Financial Services will convert to federal funding.&lt;br /&gt;
&lt;br /&gt;
===643.2.14.2 Preliminary Engineering===&lt;br /&gt;
On occasion, preliminary engineering (PE) may need to be undertaken by the utility owner prior to the execution of a utility agreement. If a utility owner has a MRUA, an estimate of the cost of the PE work by the utility owner may be used to obligate funding for preliminary engineering under the MRUA as a PE only letter agreement. If a lump sum or actual cost agreement will be required with the utility owner for the project, district utilities staff should do two (2) agreements with one agreement covering PE only, and once a design for the adjustment is obtained, a second agreement for the construction of the adjustment should be executed. If a separate PE only agreement is obtained, NTP will need to be issued twice to the utility owner: once for PE and once for construction.&lt;br /&gt;
&lt;br /&gt;
===643.2.14.3 Right of Way===&lt;br /&gt;
Once Notice to Proceed has been given, the utility owner may begin the right of way acquisition process. If the utility owner needs to acquire right of way prior to a full agreement for relocation has been negotiated, the agreement specifically for the acquisition of right of way should be executed. This agreement will be sent to Financial Services to begin the obligation process.&lt;br /&gt;
&lt;br /&gt;
===643.2.14.4 Construction===&lt;br /&gt;
Payment to utility owners for construction of the adjustment may occur in a number of phases.&lt;br /&gt;
&lt;br /&gt;
====643.2.14.4.1 Prepayment====&lt;br /&gt;
Per the utility agreement, the Commission allows utility owners to be prepaid prior to commencing work. The district utilities staff may negotiate the prepayment if the utility owner is receptive. The utility owner will submit a request for prepayment with an invoice prior to any prepayment. Route, county, and job number must be included in the request. The district utilities staff will submit a request to Financial Services with a copy saved in MoProjects for future reference by the district staff responsible for inspection of the utility adjustment.&lt;br /&gt;
&lt;br /&gt;
====643.2.14.4.2 Progress Payments====&lt;br /&gt;
If a utility owner has not been prepaid the entire estimated amount in the utility agreement, then the utility owner may request progress payments after completing a portion of the proposed work, including PE.&lt;br /&gt;
&lt;br /&gt;
Progress payments for PE by consultants should not exceed the &amp;quot;maximum not to exceed amount&amp;quot; shown in the cost estimate unless additional costs are approved first by district utilities staff.&lt;br /&gt;
&lt;br /&gt;
For progress payments, the utility owner is required to submit only a summary of work and materials for which payment is claimed, not a detailed billing. District utilities staff should check only to be sure that sufficient work has been done to justify making the requested payment. Payment should be made for allowable costs incurred up to the date of the progress payment request.&lt;br /&gt;
&lt;br /&gt;
Progress payment invoices do not relieve the utility owner of the responsibility of submitting one complete and final invoice upon completion of the adjustment. The utility owner’s address must be shown on the invoice. The district utilities staff should submit progress payment invoices and applicable C-9s to Financial Services within one (1) week of receipt of invoice.&lt;br /&gt;
&lt;br /&gt;
One copy of the progress payment and one copy of the district utilities staff letter of recommendation must be sent to Financial Services for payment and be stored in MoProjects. The cover memo should include the project number, route, county, actual cost or lump sum utility agreement, Commission obligation percentage, total cost estimate of Commission obligation, and indicate the progress payment number, i.e., progress payment number 1, 2, 3, etc. If more than one progress payment is requested by the utility company, the district should submit progress payment bills to Financial Services in the following format:&lt;br /&gt;
{| class=&amp;quot;wikitable&amp;quot; style=&amp;quot;margin-left: 25px; text-align:center&amp;quot;&lt;br /&gt;
! Payment !! Amount&lt;br /&gt;
|-&lt;br /&gt;
| Progress Payment #1 || $50,000&lt;br /&gt;
|-&lt;br /&gt;
| Progress Payment #2 || 10,000&lt;br /&gt;
|-	&lt;br /&gt;
| Total Payment to Date || $60,000&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
This format will help clarify payment history with the utility owner. Progress payments for actual cost utility agreements may not exceed the Commission&#039;s total estimated cost shown in the agreement. However, if the request for a progress payment exceeds the original estimate, a change order with explanation should accompany the request. (See EPG 641.2.16.5 Change Orders.)&lt;br /&gt;
&lt;br /&gt;
====643.2.14.4.3 Final Payment====&lt;br /&gt;
Utility owners are required to submit a detailed final invoice to MoDOT for all actual cost reimbursable utility work and for any lump sum reimbursable utility work that was not prepaid. For prepaid lump agreements, the utility owner must submit a zero-dollar ($0) invoice to demonstrate the work has been completed. After the utility work has been fully completed, the district utilities staff responsible for inspection should send the utility owner a “60 Day” Final Acceptance Letter requesting a complete final invoice within 60 days, as detailed in the utility agreement. If the final invoice is not received from the utility owner within 30 days, then a follow up letter should be sent (i.e., “30 Day” Reminder Final Invoice Letter) reminding the utility owner of its obligation to submit a final invoice within 60 days of the completed work. If a final invoice from the utility owner is not received within this timeframe, then the district utilities staff should contact the Design Liaison Engineer for guidance on how to close out the work.&lt;br /&gt;
&lt;br /&gt;
The district utilities staff is expected to check the final bill within two (2) weeks after receipt in as much detail as possible against the C-9. It is their responsibility to verify from field records the quantities of labor, equipment, material used, material retired, and to justify all changes made. If the utility owner’s contractor made the adjustment at unit cost prices, then it is the district utility staff’s responsibility to verify the number of units completed and not the hours of labor and equipment. It is also important for the utility owner to show the words “final bill” or “final invoice” on the last bill, in order for MoDOT to understand that no additional charges will be made on the adjustment. The final bill must show a general description of the utility adjustment, the highway project number, the date on which work was completed or last item of billed expense was incurred, and the location where records can be audited. The order of items in the final statement should follow as closely as possible the order of items in the original estimate. A summary, on the utility owner’s letterhead, of the total cost of preliminary engineering, construction engineering, right of way, labor, overhead, construction travel expense, transportation, equipment, materials, supply, handling, and salvage credits should be shown in a way that will permit direct comparison with the approved estimate from the original or supplemental agreements (see EPG 643.2.12.6).&lt;br /&gt;
&lt;br /&gt;
If the Actual Cost final invoice shows a much higher cost than the original estimate without scope change, the utility owner is required to give reasons in a letter to the district utilities staff explaining why the invoice cost increased. When the Actual Cost final invoice exceeds the amount shown in the table in EPG 643.2.12.6, a supplemental agreement is required.&lt;br /&gt;
&lt;br /&gt;
When the district utilities staff has determined that the final invoice is accurate, the C-13 should be completed. Once the C-13 is completed, the C-13 and the final invoice from the utility owner are forward to Financial Services. For Actual Cost agreements, the C-9s should also be included in this transmittal. If no additional payments are required, the district utilities staff should note this in the transmittal as well. If the final invoice indicates previous payments to a utility owner exceeded the final invoice, the utility owner will need to send MoDOT a check for the overpayment amount. The check should be made payable to Director of Revenue – Credit State Road Fund. If the utility owner did not send MoDOT an overpayment check with the final invoice, district utilities staff should send a letter to the utility owner requesting the refund amount. Submittal of the final invoice to Financial Services should not occur until repayment has been received. The submittal to Financial Services should note the receipt of the repayment check.&lt;br /&gt;
&lt;br /&gt;
==643.2.15 Notice to Proceed==&lt;br /&gt;
For PE only, once an agreement has been executed, and Financial Services has advised that authorization from FHWA has been received, district utilities staff will issue a notice to proceed (NTP) letter to the utility owner for the PE. For agreements that include PE and construction or once a final agreement for construction has been executed, right of way clearance has been issued, and Financial Services has advised that authorization from FHWA has been received, the district utilities staff will issue NTP to the utility owner for construction. See Example of Notice to Proceed Letter. If salvage credit is part of the agreement with the utility owner, the NTP letter should include a statement that the utility owner will need to inform district utilities staff of the time and place that inspection may be made of the removed material. The utility owner may be held accountable for full value of materials disposed without proper notice. Utility owners may purchase materials prior to NTP for construction; however, no other work on the adjustment necessary to allow highway construction may begin prior to NTP for construction. The utility owner, for reasons of planning their workload or due to seasonal situations, may request early authorization to perform the work. This request, with the district utilities staff recommendations, is sent to the Design Liaison Engineer for further handling, approval, and advancement of the necessary funds. A copy of the NTP should be saved in MoProjects. If a utility owner begins adjustments prior to NTP for construction, district utilities staff should notify the utility owner immediately in writing that reimbursement will not be made for work done prior to NTP for construction.&lt;br /&gt;
&lt;br /&gt;
==643.2.16 Construction of Utility Adjustments==&lt;br /&gt;
===643.2.16.1 Utility Owner Self-Perform===&lt;br /&gt;
As per 23 CFR 645.115 Construction, it may be cost-effective for certain utility adjustments to be performed by a utility owner with its own internal forces and equipment, provided the utility owner is qualified to perform the work in a satisfactory manner. This cost-effectiveness finding covers minor work on the utility owner’s existing utility facilities routinely performed by the utility owner with its own forces.&lt;br /&gt;
&lt;br /&gt;
===643.2.16.2 Construction Contract Requirements===&lt;br /&gt;
When the utility owner is not adequately staffed and equipped to perform such work with its own forces and equipment at a time convenient to coordination with the associated highway construction, such work may be done one of four ways for utility adjustments:&lt;br /&gt;
# MoDOT can provide the construction services, via awarded contract to the lowest qualified bidder based on appropriate solicitation. This can be done by including the adjustment work in the roadway improvement project (EPG 643.2.12.4 Utility Agreement for Utility Work Included in Roadway Improvement Project) or by having a utility only project (EPG 643.2.12.5 Utility Only Project).&lt;br /&gt;
# The utility owner can award a construction contract to the lowest qualified bidder based on appropriate solicitation.&lt;br /&gt;
# The utility owner can utilize an existing continuing contract, provided the costs are reasonable (see EPG 643.2.9.1 Independent Cost Estimate).&lt;br /&gt;
# The utility owner can contract for low-cost incidental work, such as tree trimming and the like, without competitive bidding, provided the costs are reasonable (see EPG 643.2.9.1 Independent Cost Estimate).&lt;br /&gt;
&lt;br /&gt;
When a utility owner chooses option 2 to award its own new construction contract, the utility owner must provide the following documents and information to the district utilities staff. These documents need to be provided as soon as the utility owner has chosen to pursue a construction contract. Document 1 must be supplied by all utility owners. Documents 2 and 3 are only required when the utility owner is a local government agency who is also a political subdivision of the state of Missouri (e.g., city-owned utilities, county-owned utilities). All other utility owners are encouraged, but not required, to provide Documents 2 and 3.&lt;br /&gt;
# A statement that the utility owner is not staffed or able to perform the required construction activities with its own forces.&lt;br /&gt;
# A copy of the request for proposal used to secure bids.&lt;br /&gt;
# A list of a minimum of 3 bidders whom they believe can do the work. &#039;&#039;&#039;Political subdivisions are required to advertise for the work&#039;&#039;&#039;.&lt;br /&gt;
# Upon review of these documents, the district utilities staff will advise the utility owner to proceed with the solicitation of bids, but the utility owner will not be permitted to award the contract without the concurrence of district utilities staff. For lump sum agreements, approval of contract work and subcontract work is not required.&lt;br /&gt;
&lt;br /&gt;
The following documents need to be provided as soon as the utility owner has determined the lowest qualified contractor and would like to award the project. Document 1 must be supplied by all utility owners. Document 2 is only required when the utility owner is a local government agency who is also a political subdivision of the state of Missouri (e.g., city-owned utilities, county-owned utilities). All other utility owners are encouraged, but not required, to provide Document 2.&lt;br /&gt;
# The name address of the lowest qualified contractor.&lt;br /&gt;
# The tabulation of bids received and other information to support their recommendation for award to the lowest qualified bidder.&lt;br /&gt;
&lt;br /&gt;
The district utilities staff will review and approve the utility owner&#039;s bid information prior to the award of the contract. The Design Liaison Engineer is available to assist the district with review of bid information if necessary. Once the district utilities staff provides concurrence, the utility owner may proceed with awarding the contract. When the utility owner is a local government agency who is also a political subdivision of the state of Missouri (e.g., city-owned utilities, county-owned utilities), a copy of the executed contract must be shared with the district utilities staff. All other utility owners are encouraged, but not required, to provide a copy of the executed contract.&lt;br /&gt;
&lt;br /&gt;
A checklist is available for reviewing contracts to ensure the contract conforms to MoDOT policy and complies with applicable federal regulations.&lt;br /&gt;
&lt;br /&gt;
When a utility owner chooses to utilize a an existing continuing contract, the utility owner will submit a copy of the contract to the district utilities staff. The district utilities staff will review the contract for reasonableness of cost. If district utilities staff and the utility owner’s representative cannot agree on the reasonableness of cost, then the utility owner will be required to award a new construction contract.&lt;br /&gt;
&lt;br /&gt;
===643.2.16.3 Inspection===&lt;br /&gt;
The degree of inspection needed for utility adjustments will vary considerably with the nature and location of the work and whether the Commission is responsible for any portion of the cost of reimbursement. Judgment must be used regarding the manner and regularity of inspection duties. Some phases of the work require a very close check to ensure that the highway will not be adversely affected and to ensure satisfactory performance of work in accordance with the agreement and plans. The degree of inspection may vary from spot checking of overhead installations to continuous close observation of backfilling trenches beneath proposed pavement, embankment area, or adjacent to bridge abutments. Proper inspection can ensure that the utility adjustment is completed as efficiently as possible to minimize future impacts to the utility facility and the highway construction project. A [https://epg.modot.org/forms/general_files/DE/UtilityFieldInspectionChecklist.docx Field Inspection Checklist] to assist district utilities staff responsible for inspection is available.&lt;br /&gt;
&lt;br /&gt;
If it is found that any actual cost reimbursable utility adjustment is being performed by unapproved contractors, district utilities staff should direct the work to stop. The utility owner’s representative should be informed immediately and should be advised in writing that the costs incurred by an unapproved contractor are not eligible for reimbursement under provisions of the agreement. The district utilities staff can take appropriate steps to approve a subcontract and advise when the utility owner can recommence work.&lt;br /&gt;
&lt;br /&gt;
===643.2.16.4 Documentation===&lt;br /&gt;
All documents related to the construction of the utility adjustment necessary to allow highway construction should be stored in MoProjects.&lt;br /&gt;
&lt;br /&gt;
Construction records must be kept to confirm that work is done in accordance with the terms of the agreement and in the manner proposed in the plans. The importance of a complete and accurate record cannot be overemphasized. Detailed records are necessary to support the recommendation for payment of the final invoice. A complete, separate daily record must be kept on each actual cost adjustment and submitted for review when the final invoice is recommended for payment. This district utilities staff responsible for inspection should complete the Daily Utility Report (C-9).&lt;br /&gt;
&lt;br /&gt;
====643.2.16.4.1 Utility Reports====&lt;br /&gt;
The Daily Utility Report ([https://epg.modot.org/forms/general_files/DE/C-9.docx Form C-9]) and the Final Utility Report ([https://epg.modot.org/forms/general_files/DE/C-13.docx Form C-13]) are used for documenting utility adjustments necessary to allow highway construction. The use of C-9s and C-13s will vary with method of reimbursement. For utility adjustments necessary to allow highway construction that overlap with the highway contractor’s work, progress records should be kept as necessary to coordinate the highway and utility construction activities. Sufficient records must be maintained to check and verify the items of labor, equipment, materials, and salvaged items as submitted on the final invoice.&lt;br /&gt;
&lt;br /&gt;
=====643.2.16.4.1.1 Daily Utility Report (C-9)=====&lt;br /&gt;
C-9s are only required for actual cost agreements. The district utilities staff responsible for inspection must in all cases keep records to document inclement weather, down time, and verbal authorization for minor changes. The district utilities staff responsible for inspection must complete a C-9 documenting the number and classification of employees and number of hours worked. Records of material used and of retired materials returned to stock or scrapped must be kept. The utility owner’s major items of equipment must also be recorded. When work is done by the contract method based on unit prices, the district utilities staff responsible for inspection should ascertain that units of work as provided in the bid proposal are measured and recorded to form a basis for checking the final invoice. C-9s should list the location and the number of units of work accomplished for that period. If contract labor or equipment is used by a utility owner on the basis of a bid per hour, per day, etc., it will be necessary to keep records on this labor or equipment time in the same manner as if the utility owner were performing the work with its own internal forces. District utilities staff responsible for inspection should also note all contractors working for the utility owner and the contractor approval authorization dates given in the agreement.&lt;br /&gt;
&lt;br /&gt;
=====643.2.16.4.1.2 Final Utility Report (C-13)=====&lt;br /&gt;
C-13s summarize that the utility adjustment work that was done in accordance with the agreement and plans, the percentage of total cost that is the responsibility of the Commission, and any progress payments that have been made. A C-13 is required for both actual cost and lump sum agreements. The requested numbers shown on line 9 (Commission Estimated Cost) and line 10 (Amount of Final Bill) in the report are the Commission’s total responsibility.&lt;br /&gt;
&lt;br /&gt;
====643.2.16.4.2 Breakdown and Emergency====&lt;br /&gt;
When breakdown and emergency situations occur, prior approval by MoDOT is not required for contract or equipment rental work unless the cost or period of time will be extensive. The utility owner should furnish a letter as soon as possible to explain the situation and set out the estimated costs involved. The district utilities staff’s records should substantiate the need and the changes for personnel and equipment.&lt;br /&gt;
&lt;br /&gt;
====643.2.16.4.3 Stop Work====&lt;br /&gt;
If at any point, a stop work order is given by MoDOT to a utility owner, written documentation of the stop work order should be saved in MoProjects.&lt;br /&gt;
&lt;br /&gt;
===643.2.16.5 Change Orders===&lt;br /&gt;
Any change in the plan of adjustment should be documented in writing to the utility owner as a change order. If the change order is anticipated to exceed $100,000 or 15% of the original agreement amount, district utilities staff should negotiate a supplemental agreement with the utility owner’s representative. Once a supplemental agreement is in place, district utilities staff should contact Financial Services to obtain an adjustment of the obligation mid-project. Change orders without supplemental agreements will be settled once the project is complete.&lt;br /&gt;
&lt;br /&gt;
====643.2.16.5.1 Actual Cost Agreement====&lt;br /&gt;
Slight modifications in quantities or the addition of minor items not included with the original agreement do not require a supplemental agreement. However, such changes should be documented in writing with the utility owner. A supplemental agreement is needed if costs exceed the above threshold or if there is a change in the percentage of cost that is the Commission’s responsibility on an agreement with shared responsibility for costs. Intermediate partial payments cannot be made on items in a supplemental agreement until the supplemental agreement is approved.&lt;br /&gt;
&lt;br /&gt;
====643.2.16.5.2 Lump Sum Agreement====&lt;br /&gt;
A supplemental agreement to a Lump Sum Agreement is only required for significant changes in the scope of work of the utility adjustment necessary to allow highway construction. Normal overruns are not considered as changes in approved work and will not be reimbursed. Significant changes in the scope of work on utility adjustments necessary to allow highway construction cannot be done until the supplemental agreement is approved, and the adjustment in obligation of funds is complete.&lt;br /&gt;
&lt;br /&gt;
==643.2.17 Utilities during Highway Construction==&lt;br /&gt;
The contractor is responsible for having utilities located by contacting Missouri One-Call (811) prior to any excavation on the project. A reminder of this responsibility should be made at the preconstruction meeting.&lt;br /&gt;
&lt;br /&gt;
===643.2.17.1 Preconstruction Meeting (Pre-Con)===&lt;br /&gt;
District utilities staff should be invited to all pre-cons.&lt;br /&gt;
&lt;br /&gt;
Pre-cons fall into three categories relating to utilities:&lt;br /&gt;
# No utility adjustments are anticipated within the project limits,&lt;br /&gt;
# All utility adjustments completed prior to the pre-con, and&lt;br /&gt;
# All utility adjustments not completed prior to the pre-con.&lt;br /&gt;
&lt;br /&gt;
====643.2.17.1.1 No Utility Adjustments Anticipated within the Project Limits====&lt;br /&gt;
For projects without a Utility Job Special Provision (JSP), no involvement of the utility owners is required at the pre-con. For projects with a Utility JSP, the Resident Engineer (RE) should invite all utility owner representatives listed in the JSP with known required adjustment to the pre-con. The RE should review potential impacts of the highway construction project with the contractor and the utility owner.&lt;br /&gt;
&lt;br /&gt;
====643.2.17.1.2 All Utility Adjustments Completed Prior to the Pre-Con====&lt;br /&gt;
The RE should invite all utility owner representatives listed in the JSP with known required adjustment to the pre-con. The RE should review potential impacts of the highway construction project with the contractor and the utility owner. A general discussion should highlight the previous adjustments made by the utility owner and what abandoned utility facilities the contractor may encounter.&lt;br /&gt;
&lt;br /&gt;
====643.2.17.1.3 All Utility Adjustments Not Completed Prior to the Pre-Con====&lt;br /&gt;
It is important for the RE and inspector to understand the utility owner’s work schedule and how it relates to the contractor’s work schedule. During the pre-con, the schedule of the utility owner and highway construction contractor should be discussed, and conflicts should be addressed to allow utility adjustments and highway construction to progress as near to the proposed schedule as possible. On large-scale projects that have many utility issues to address that could impact the work of the highway construction contractor, it may be necessary to have a separate pre-con with utility owner representatives.&lt;br /&gt;
&lt;br /&gt;
===643.2.17.2 Coordination Meetings===&lt;br /&gt;
When the utility work will not be completed soon after the preconstruction meeting, the RE should meet with district utilities staff, the highway construction contractor, and the utility owner representatives on a regular basis to discuss utility coordination issues, so expectations from all parties are known and conveyed clearly. The utility owner may need some work performed by MoDOT or the highway construction contractor prior to completing their adjustments. (Examples include: survey staking of right of way or proposed facilities, trees cleared, grading performed, or new structures built).&lt;br /&gt;
&lt;br /&gt;
==643.2.18 Service Drops==&lt;br /&gt;
Power and communication services provided by utility owners are necessary for the operation of the highway system. These services may include power to traffic signals, lighting, or ITS devices; power for cathodic protection; or telecommunication services to signal controllers or ITS devices. The project design teams should work with district utilities staff to identify proper locations for the applicable utility owners to provide these services. Various utility owners have different requirements for this process. The district utilities staff is encouraged to develop a workable relationship with the utility owners who provide these services to MoDOT. The costs of installing the services charged by the utility owner are considered a non-contractual item and should be accounted for in the project’s budget in the STIP. The proposed location and method for the service drops should be shown on the roadway plans. District utilities staff should meet with the utility owner’s representative to ensure the proposed location can be accommodated by the utility owner. For electrical service connections, the power supply assembly is ideally located a maximum of ten feet (10’) from the source location. Plans submitted for PS&amp;amp;E should reflect the agreed upon location for all service connections. During construction, district utilities staff and district construction staff should work together to ensure the placement of the services is consistent with the project plans. Payment for the service drops should be invoiced by the utility owner to the district. District utilities staff is responsible for submission of the invoice directly to Financial Services for payment noting the non-contractual charges for the project.&lt;br /&gt;
&lt;br /&gt;
==643.2.19 Buy America Build America for Utilities==&lt;br /&gt;
FHWA’s Buy America Build America (BABA) policies require a domestic manufacturing process for all steel or iron products, other construction materials, and manufactured products that are permanently incorporated into Federal-Aid Highway construction projects, including products and materials used for adjustments to utility facilities to allow highway construction. These guidelines are for all federally reimbursable transportation projects where FHWA is the lead federal agency; it does not take precedence over projects where Federal Transit Administration or the Federal Railroad Administration is deemed the be the lead federal agency.&lt;br /&gt;
&lt;br /&gt;
===643.2.19.1 Program Requirements for Utilities===&lt;br /&gt;
All MoDOT projects are federal-aid projects, and therefore, all reimbursable utility adjustments are required to follow the provisions of BABA. More information on MoDOT’s BABA policy and procedures can be found in [[106.9_Buy_America_Requirement|EPG 106.9 Buy America Requirement]]. Specifically, utility owners should be aware of the following procedures for determining applicability of the EPG 106.9 requirements to reimbursable utility adjustments necessary to allow highway construction:&lt;br /&gt;
* BABA does not apply when materials are relocated from one location to another within the project limits.&lt;br /&gt;
* BABA does not apply for materials necessary for temporary utility adjustments assuming materials are removed from the right of way upon completion of the utility adjustment to allow highway construction.&lt;br /&gt;
* Non-reimbursable work must be kept separate from reimbursable work (agreements, permits, etc.) in order to not be subject to BABA.&lt;br /&gt;
&lt;br /&gt;
===643.2.19.2 Certification Requirements for Utilities===&lt;br /&gt;
Utility owners have the option of choosing either to self-certify BABA compliance or provide vendor/manufacturer certification to MoDOT. The method of certification is chosen by the utility owner and is documented in either the MRUA or the project specific agreement. Regardless of agreement type or certification method, the utility owner must be compliant with BABA requirements.&lt;br /&gt;
&lt;br /&gt;
====643.2.19.2.1 BABA Utility Owner Self-Certification====&lt;br /&gt;
If a utility owner chooses to self-certify BABA compliance, the utility owner is not required to provide MoDOT copies of the supplier certification as part of the project documentation or with the final invoice for any reimbursable utility adjustment necessary to allow highway construction. Retention of all documents should be as described in the agreement.&lt;br /&gt;
&lt;br /&gt;
====643.2.19.2.2 BABA Vendor/Manufacturer Certification====&lt;br /&gt;
If a utility owner chooses to use vendor/manufacturer certification, the utility owner will supply MoDOT BABA compliance from all vendors and/or manufacturers. Certification from vendors will be signed by an authorized representative of the vendor on company letterhead or other acceptable documentation and will declare that all supplied materials subject to BABA requirements are fully compliant. Certification from iron or steel manufacturers must be in the form of a mill test report (MTF) issued and signed by the initial fabricator stating the materials subject to BABA were melted and manufactured in the United States. Other written statements on company letter or other acceptable documentation signed by an authorized representative of the manufacturer for any additional treatment to the fabricated material (such as blasting, galvanizing, painting, or coating) will state that all treatment processes occurred in the United States according to FWA guidelines. Retention of all documents should be as described in the agreement. Manufacturer certification for manufactured products or construction materials will state that all materials were sourced from the United States and were fabricated in the United States. Retention of all documents should be as described in the agreement.&lt;br /&gt;
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&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643.3 Reserved for Future Use &#039;&#039;PAGE TITLE&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;&lt;br /&gt;
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&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643.4 Railroads (NO CHANGE) &#039;&#039;PAGE TITLE&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;&lt;br /&gt;
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==236.5.12 Excess Land Conveyances &amp;amp; Relinquishments - Utilities==&lt;br /&gt;
All conveyances and relinquishments of Commission-owned property shall be evaluated for the existence of any utility facilities located within the areas to be conveyed or relinquished. A conveyance or relinquishment of Commission-owned property may have implications to the utility facilities, and the utility owners, when the Commission no longer controls the property. It is important to maintain the continuity of utility facilities for the general public; therefore, to identify and minimize potential impacts, MoDOT shall involve utility owners in the conveyance and relinquishment processes.&lt;br /&gt;
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===236.5.12.1 Excess Land Conveyances Utilities===&lt;br /&gt;
MoDOT shall only recommend that a property be declared excess upon satisfactorily addressing the utility impacts. Whether MoDOT or an external party initiates the conveyance of excess property, utility impacts shall be adequately addressed by using one of the following methods: &lt;br /&gt;
:1. Each utility facility will be relocated by permit into a new utility corridor retained by the Commission.&lt;br /&gt;
:2. Each utility facility will remain in place with the benefit of a non-exclusive permanent utility easement.&lt;br /&gt;
::&#039;&#039;If the Commission holds fee simple title to the property, the Commission shall convey a non-exclusive permanent utility easement to each utility owner&#039;&#039;.&lt;br /&gt;
::&#039;&#039;If the Commission holds a less than fee simple title interest in the property, MoDOT shall facilitate the conveyance of a non-exclusive permanent utility easement from the party acquiring the property to each utility owner&#039;&#039;.&lt;br /&gt;
:3. Each utility facility will be relocated to another portion of the property being conveyed.&lt;br /&gt;
::&#039;&#039;If the Commission holds fee simple title to the property, the Commission shall convey a non-exclusive permanent utility easement to each utility owner&#039;&#039;. &lt;br /&gt;
::&#039;&#039;If the Commission holds a less than fee simple title interest in the property, MoDOT shall facilitate the conveyance of a non-exclusive permanent utility easement from the party acquiring the property to each utility owner&#039;&#039;.&lt;br /&gt;
:4. Each utility facility will be relocated onto a portion of the property already owned by the party acquiring the Commission-owned property, with the benefit of a non-exclusive permanent easement. (MoDOT shall facilitate the conveyance of a non-exclusive permanent utility easement from the party acquiring the property to each utility owner.)&lt;br /&gt;
:5. A three-party negotiated settlement taking into consideration the overall value of the proposed transaction.&lt;br /&gt;
:6. Additional options to address utility impacts may be utilized with approval from the Asst. to the State Design Engineer - Right of Way.&lt;br /&gt;
&lt;br /&gt;
===236.5.12.2 Road Relinquishment Utilities===&lt;br /&gt;
MoDOT shall only recommend the relinquishment of roadways through the [[236.14 Change in Route Status Report|Change in Route Status Report]] upon satisfactorily addressing the impacts to utility facilities. If the roadway will be relinquished to a local public transportation authority, with the intent that it continues to be used as a public roadway, a clause similar to the following shall be included in the deed from the Commission to the local public transportation authority:&lt;br /&gt;
:&#039;&#039;&amp;quot;Grantee, by acceptance of this conveyance, covenants and agrees for itself, its successors and assigns, to allow known or unknown utility facilities currently located on the property, whether of record or not, to remain on the property, and to grant the current and subsequent owners of those facilities the right to maintain, construct and reconstruct the facilities and their appurtenances over, under, and across the land herein conveyed, along with the right of ingress and egress across the land herein conveyed to and from those utilities.&amp;quot;&#039;&#039; &lt;br /&gt;
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Proposed roadway relinquishments to private entities shall be reviewed in a manner consistent with the conveyance of excess property described in [[236.5 Property Management#236.5.3 Asset Management Committee|EPG 236.5.3 Asset Management Committee]].&lt;/div&gt;</summary>
		<author><name>Hoskir</name></author>
	</entry>
	<entry>
		<id>https://epg.modot.org/index.php?title=User:Hoskir/Revision_Request_4225&amp;diff=58869</id>
		<title>User:Hoskir/Revision Request 4225</title>
		<link rel="alternate" type="text/html" href="https://epg.modot.org/index.php?title=User:Hoskir/Revision_Request_4225&amp;diff=58869"/>
		<updated>2026-06-22T14:54:58Z</updated>

		<summary type="html">&lt;p&gt;Hoskir: /* 643.1.8 Variances */&lt;/p&gt;
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&lt;div&gt;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643 Utility Procedures  &#039;&#039;CATEGORY&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt; &lt;br /&gt;
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| &#039;&#039;&#039;&amp;lt;center&amp;gt;&amp;lt;u&amp;gt;Additional Resources&amp;lt;/u&amp;gt;&amp;lt;/center&amp;gt;&#039;&#039;&#039;&lt;br /&gt;
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| ● [https://www.ecfr.gov/current/title-23/chapter-I/subchapter-G/part-64523 CFR 645]&lt;br /&gt;
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| ● [https://www.sos.mo.gov/cmsimages/adrules/csr/current/7csr/7c10-3.pdf7 CSR 10-30]&lt;br /&gt;
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&#039;&#039;&#039;Utility Accommodation Policy:&#039;&#039;&#039; State DOTs are required to develop policies and procedures pertaining to the use, accommodation, and/or relocation of public and private utility facilities on highway rights-of way using Federal-aid highway funds. State DOTs are required to develop, maintain, and obtain FHWA approval of their Utility Accommodation Policy (UAP) (23 CFR section 645.215). This EPG article 643 and subarticles 643.1 through 643.3 are Missouri Department of Transportation (MoDOT)’s Utility Accommodation Policy. Text in EPG 643 consolidates various federal and state statutes and rules into a single, cohesive, workable policy to outline processes for MoDOT staff and utility owners.&lt;br /&gt;
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&#039;&#039;&#039;Delegation of Work:&#039;&#039;&#039; Each MoDOT district is responsible for ensuring implementation of the UAP outlined in the subsequent EPG articles. Each district can create its own organization for whom is responsible for the work including between divisions and job titles. Work responsibilities within this article and subarticles are generic where possible. If a specific title is included, that title has sole responsibility for that item of work.&lt;br /&gt;
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&#039;&#039;&#039;643 documents not being used&#039;&#039;&#039;&lt;br /&gt;
[[media:144 Major Highway System 2022.pdf|major routes]]&lt;br /&gt;
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&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643.1 Utility Location  &#039;&#039;PAGE TITLE&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt; &lt;br /&gt;
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The information in this article provides a uniform system for regulating the location, construction, maintenance, removal, and relocation of utility facilities on the right of way of roadways located on the state highway system. It also provides for the facilitation of construction and maintenance of these roadways. Any location or relocation of utility facilities contrary to this information is an interference with the construction, maintenance, or operation of a state highway and its right of way and is prohibited.&lt;br /&gt;
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==643.1.1 Permits==&lt;br /&gt;
All utility owners are required to obtain a permit to work on Missouri Highway and Transportation Commission (Commission) right of way. A permit is required for original installation of the utility facility, on-going maintenance of the utility facility, or adjustments to a utility facility necessary to allow highway construction. Per [[127.29_Stormwater#127.29.4.3_MCM_3:_Illicit_Discharge_Detection_and_Elimination_(IDDE)_Program|EPG 127.29.4.3]], discharges of anything other than stormwater are not permitted. A deposit or bond is required to ensure completion of the work in accordance with the permit issued. An [https://www.modot.org/permits application for a permit] may be made on established forms specifically stating the nature of the work to be performed. Applications for permits may be obtained at any of the [https://www.modot.mo.gov/ seven (7) district highway offices] of the Commission, [https://www.modot.mo.gov/ MoDOT&#039;s website], or by requesting it from the office of the Missouri Highways and Transportation Commission in Jefferson City, Missouri. The application for a permit will specifically state the nature of the work to be performed, what specific type of utility facility is to be installed, and, if necessary, the timeframe of any temporary use. Piping of any type of sewage or waste will only be allowed providing any permitting by a regulatory agency, such as Missouri Department of Natural Resources, can be provided. Prior to obtaining a permit through MoDOT’s permit system, a utility owner will be required to provide a bond to ensure satisfactory work and complete a TR50 Electronic Signature Agreement with the Commission. The name of the utility owner must match on the bond, TR50, and in the permit system. More information on permitting can be found in [[:Category:941_Permits_and_Access_Requests|EPG 941]].&lt;br /&gt;
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===643.1.1.1 Emergency Work===&lt;br /&gt;
When emergency operations work is necessary, the damaged utility facility may be accessed immediately and without a permit by leaving the pavement at such points as may be necessary to effect emergency repairs, provided immediate notice is given to the Missouri State Highway Patrol and the district utilities staff for the district wherein the work will be performed, and a permit for emergency operations is requested immediately upon discovery of the need for emergency operations. A permit for emergency operations work is to be obtained as soon as practical, but in no event later than two (2) working days after the emergency operations work has commenced. Emergency operations include, but are not limited to, unplanned work in response to utility facilities being so damaged as to constitute an emergency situation directly affecting or endangering traffic on the highway or public health or safety.&lt;br /&gt;
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===643.1.1.2 Third-Party Inspection===&lt;br /&gt;
When a utility owner has a large number of projects in a given area or projects involving great complexity, MoDOT reserves the right to limit the number of permits open at any given time. With approval of the district utilities staff, a utility owner may hire a third-party inspector, at their cost. The third-party inspector will allow the utility owner to increase the number of permits open at any given time. The responsibility of the third-party inspector will be to ensure the installation of the utility facility proceeds in a manner consistent with the plans approved in the permit, including all work zone requirements and conformity with MoDOT’s Standards and Specifications. The MoDOT approved third-party inspector will be listed in the permit. MoDOT may audit third-party inspections and revoke the right to use third-party inspections should the inspectors fail to perform their duties.&lt;br /&gt;
&lt;br /&gt;
===643.1.1.3 Abandoned Utility Facilities===&lt;br /&gt;
All utility facilities installed in Commission right of way are the property of the utility owner whether the utility facility is active or inactive. MoDOT may allow a utility facility to remain on Commission right of way whether the utility facility was abandoned for a MoDOT project or at the utility owner’s discretion. MoDOT may place requirements (such as removing inactive fiber optic cables, grouting pipes, removing valves) on the utility owner as part of the process of abandoning a utility facility. Liability for damage to Commission right of way due to an abandoned facility remains the responsibility of the utility owner. In the event MoDOT requires the removal of the abandoned utility facility, responsibility for the cost of the removal will be determined per [[643.2_Local_Utility_Adjustments_-_Public_and_Private#643.2.8_Preliminary_Engineering_(PE)_Requirements|EPG 643.2.8]].&lt;br /&gt;
&lt;br /&gt;
==643.1.2 Definitions==&lt;br /&gt;
&#039;&#039;&#039;Bridge Attachment:&#039;&#039;&#039; A bridge attachment is any utility facility, including communication lines and electrical lines, or any other utility facility of a similar nature that is fastened to a bridge for the purpose of spanning an obstacle.&lt;br /&gt;
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&#039;&#039;&#039;Clear zone:&#039;&#039;&#039; The total roadside border area starting at the edge of the traveled way, available for safe use by errant vehicles. This area may consist of a shoulder, a recoverable slope, a non-recoverable slope, and/or the area at the toe of a non-recoverable slope available for safe use by an errant vehicle. Clear zone dimensions are provided in the current edition of American Association of State Highway Transportation Officials Roadside Design Guide.&lt;br /&gt;
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&#039;&#039;&#039;Ditch Line:&#039;&#039;&#039; A line where the roadway ditch meets the back slope. It is located at the lowest point of a V-bottom ditch or furthest point from the roadway of a flat bottom ditch where the roadway slopes back to the existing ground line.&lt;br /&gt;
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&#039;&#039;&#039;Duct:&#039;&#039;&#039; An enclosed tubular casing, or raceway, for protecting wires, lines, or cables that is often flexible or semi-rigid (1-3% diametric deflection). The casing, or raceway, is separate from the cable or conductor that passes through it.&lt;br /&gt;
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&#039;&#039;&#039;Encasement:&#039;&#039;&#039; The term encasement means the placing of an installation around and outside of an underground facility consisting of a larger conduit that permits the removal and replacement of the facility. An alternate to the conduit type encasement is reinforced concrete poured around the utility facility. Utility owners are allowed to use any types of material as a carrier and encasement for its facilities as expressly provided for in the permit issued for the installation of the utility facility.&lt;br /&gt;
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&#039;&#039;&#039;Freeway:&#039;&#039;&#039; A divided arterial highway with full control of access.&lt;br /&gt;
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&#039;&#039;&#039;Highway:&#039;&#039;&#039; Any public way for vehicular travel, including the entire area within the right of way and related facilities constructed or improved and maintained by the Missouri Highways and Transportation Commission (MHTC) acting through the Missouri Department of Transportation (MoDOT).&lt;br /&gt;
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&#039;&#039;&#039;Interchange Limits:&#039;&#039;&#039; For the uniform handling of utility installations only, the limits of an interchange are the outside ramp curve points. See [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_1_TypicalInterchangeLimits_AOD.pdf EPG Figure 643.1.1] for an example.&lt;br /&gt;
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&#039;&#039;&#039;Interstate System or Other Freeways/Expressways:&#039;&#039;&#039; Interstate highways and highways with fully controlled access.&lt;br /&gt;
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&#039;&#039;&#039;Major Routes (Interstates, Freeways/Expressways and Principal Arterials):&#039;&#039;&#039; The major highway system is all routes functionally classified as principal arterials. The principal arterial system provides for statewide or interstate movement of traffic. The major roads in Missouri total approximately 5,500 centerline miles.&lt;br /&gt;
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&#039;&#039;&#039;Minor Routes:&#039;&#039;&#039; The minor highway system is all routes functionally classified as minor arterials or collectors. These routes mainly serve local transportation needs. The minor roads in Missouri total approximately 28,400 centerline miles.&lt;br /&gt;
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&#039;&#039;&#039;Normal Right of Way Line:&#039;&#039;&#039; An imaginary line that connects sudden breaks in the major right of way points for roadways. Sight distance right of way points (triangles) at roadway intersections are not to be considered as sudden breaks for determining normal right of way.&lt;br /&gt;
[[File:fig_643.1.2-06_2026.jpg|none|700px|thumb|Figure 643.1.2 Normal Right of Way Line.]]&lt;br /&gt;
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&#039;&#039;&#039;Private Lines:&#039;&#039;&#039; Privately owned utility facilities which convey or transmit the commodities outlined in the definition of utility facility of this section but devoted exclusively to private use.&lt;br /&gt;
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&#039;&#039;&#039;Scenic Enhancement Areas:&#039;&#039;&#039; Scenic enhancement areas include areas acquired or so designated as scenic strips, overlooks, rest areas, recreation areas, and the right of way of adjacent roadways and the right of way of roadways that pass through public parks and historic sites as described under 23 USC 138.&lt;br /&gt;
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&#039;&#039;&#039;Utility Corridor:&#039;&#039;&#039; An area established for the placement of utility facilities parallel to the normal right of way line.&lt;br /&gt;
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&#039;&#039;&#039;Utility Facility:&#039;&#039;&#039; Privately, publicly, or cooperatively owned line, facility, or system for producing, transmitting, or distributing communications, cable television, power, electricity, light, heat, gas, oil, crude products, water, steam, waste, storm water not connected with highway drainage or any other similar commodity, including any fire or police signal system or street lighting system which directly or indirectly serves the public and does not include privately owned facilities devoted exclusively to private use. The term &amp;quot;utility facility&amp;quot; includes those facilities used solely by the utility owner that are a part of its operating plant.&lt;br /&gt;
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&#039;&#039;&#039;Utility Owner:&#039;&#039;&#039; The utility owner is the utility company, inclusive of any wholly owned or controlled subsidiary, or city or county which owns utility facilities. The term also includes those government agencies that lease a utility facility for its own use or otherwise dedicated solely to governmental use.&lt;br /&gt;
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&#039;&#039;&#039;Variance:&#039;&#039;&#039; A one- (1-) time deviation from the requirements for location or relocation of utility facilities on the right of way of highways in the state highway system as established in [https://www.sos.mo.gov/cmsimages/adrules/csr/current/7csr/7c10-3.pdf Title 7 Code of State Regulations 10-3], requested by the utility, and approved by a MoDOT District Design Engineer.&lt;br /&gt;
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==643.1.3 Location of Utility Facilities==&lt;br /&gt;
Utility facilities paralleling the roadway should be installed in the utility corridor except as outlined below. The utility corridor is the space for all utility owners generally within six feet (6’) of the normal right of way line. When considering if the current utility corridor is available to expand from six feet (6’) to as much as twelve feet (12’), MoDOT determines if the expansion is warranted. In making the determination, MoDOT will consider the existing utilization of the original six feet (6’) corridor. Poles must remain within two feet (2’) of the normal right of way line unless approved by a variance. The utility corridor will only be expanded beyond six feet (6’) if the original six feet (6’) corridor is fully utilized and additional space would be required to accommodate additional utility facilities. Acquisition of additional right of way to establish a twelve feet (12’) corridor is not required on highway construction projects. For depths for underground utility facilities, see [[#643.1.4.1_Minimum_Cover_for_Underground_Facilities|EPG 643.1.4.1]].&lt;br /&gt;
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Utility facilities crossing the roadway should be installed as close to ninety degrees (90°) to the centerline of the roadway as possible and based on the guidelines below depending on the type of roadway. See [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_3_TypicalUtilityCorridor-InterchangeatMajorRoute_AOD.pdf EPG Figure 643.1.3] and [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_4_TypicalUtilityCorridor-InterchangeatMinorRoute_AOD.pdf EPG Figure 643.1.4] for typical utility corridors around interchanges.&lt;br /&gt;
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===643.1.3.1 Interstate System or Other Major Freeways/Expressways===&lt;br /&gt;
The installation of all utility facilities on highways of the Interstate System or other major freeways/expressways with fully controlled access are to be installed, serviced, and maintained without entering or leaving the roadway and ramps except at points approved by MoDOT for that purpose and without parking any equipment or storing materials upon the medians, roadway and ramps, or shoulders of the roadways. Cutting or damaging the pavement or paved shoulders is not permitted. New service connections to existing parallel utility facilities are to be permitted only where an outer roadway exists and then only where access is permitted by the Commission. Careful consideration will be given to the location of guys, anchors, braces, and other supports. Generally, good design practice will provide that appurtenances be located at right of way jogs, along intersecting road right of way, or at other similar acceptable locations, so that encroachment is held to an absolute minimum.&lt;br /&gt;
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No utility facilities will be permitted within the interchange limits of an interchange between fully limited access highways where planned or existing. Utility facilities within the interchange limits of an interchange with a non-access controlled highway will be permitted only along the minor road, provided that all construction, service, and maintenance can be performed from the minor road. Manholes and poles must be located beyond the ramp termini.&lt;br /&gt;
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For structures carrying or over interstates or other major freeways/expressways, see [[#643.1.5_Bridge_Attachment_Policy|EPG 643.1.5]].&lt;br /&gt;
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====643.1.3.1.1 Utility Facilities Crossing the Interstate or Other Major Freeways/Expressways====&lt;br /&gt;
=====643.1.3.1.1.1 Overhead Crossings of the Interstate or Other Major Freeways/Expressways=====&lt;br /&gt;
Overhead crossings of utility facilities are permitted only for power transmission and distribution lines and for multiple circuit communication lines where an underground installation is not economically feasible. Supports for existing utility facilities crossing overhead may remain on the right of way provided they are near the right of way line regardless of the presence of an outer road. Supports for new overhead utility facilities crossing overhead may be located on the right of way near the right of way line where an outer roadway exists and are to be located off the right of way where no outer roadway exists. Overhead service crossings are only permitted in isolated cases for residential or commercial establishments when the denial of the crossing would require construction of more than 1,200 feet (1,200’) of utility line to provide the service. Main or distribution line crossings are required to serve a general area other than isolated cases.&lt;br /&gt;
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=====643.1.3.1.1.2 Underground Crossings of the Interstate or Other Major Freeways/Expressways=====&lt;br /&gt;
Underground crossings of utility facilities are to be continuously encased under the pavement, medians, ramps, and shoulders with the casing extending to the toe of the fill slopes or to the ditch line. In curbed sections, encasement should extend outside the outer curb of the roadways a distance equal to the depth of the encasement at the curb line. Where installed by open trench through unpaved areas, detector tape should be placed approximately one foot (1&#039;) above the encasement. Where an interstate or other major freeway has a parallel outer roadway, encasement should be continuous under all roadways within the right of way.&lt;br /&gt;
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Manholes or vent pipes are to be located at the right of way line or adjacent to the outer roadway.&lt;br /&gt;
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For fiber optic cable, encasement should extend from within six feet (6&#039;) of one right of way line to within six feet (6&#039;) of the other right of way line.&lt;br /&gt;
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Exceptions may be made for encasement as listed in [[#643.1.4.2_Exceptions_to_Encasement|EPG 643.1.4.2]].&lt;br /&gt;
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=====643.1.3.1.1.3 Parallel Installations along the Interstate or Other Major Freeways/Expressways=====&lt;br /&gt;
New parallel installations on the right of way may be permitted only where an outer roadway exists, provided that poles are within two feet (2&#039;) of the normal right of way line and underground utility facilities are within the utility corridor, and provided that the utility facility can be installed and maintained between the outer roadway and the right of way line. Existing overhead or underground utility facilities that parallel an existing roadway which will be incorporated into a completed highway as an outer roadway may remain in place if all maintenance and service can be performed from an outer roadway and the existing location does not interfere with construction, maintenance, or operation of the completed highway. If an existing parallel utility facility needs to be relocated so as to not interfere with the construction, maintenance, or operation of the completed interstate or other major freeway, poles may be located withing five feet (5’) of the right of way line.&lt;br /&gt;
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Underground utility facilities are expected to be buried within the utility corridor of sight distance triangles (SDTs) at roadway intersections unless granted a variance. Overhead utility facilities may be allowed to span intersecting roadways with SDTs provided the poles, or supports, are located outside the SDT.&lt;br /&gt;
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=====643.1.3.1.1.4 Sanitary Sewers within the Right of Way of Interstates or Other Major Freeways/Expressways=====&lt;br /&gt;
New installations of sanitary sewers should follow the applicable guidelines for either underground crossings or parallel installations as appropriate. Existing gravity trunk sanitary sewers should be considered individually and removed or left in place contingent upon its age, condition, feasibility of moving, and maintenance access. Encasement of existing trunk sewers left in place may be required for questionable condition, protection during construction, or heavy fills.&lt;br /&gt;
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Manholes should be relocated to the right of way lines or adjacent to an outer roadway.&lt;br /&gt;
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===643.1.3.2 Major Routes===&lt;br /&gt;
For structures carrying or over major routes, see [[#643.1.5_Bridge_Attachment_Policy|EPG 643.1.5]].&lt;br /&gt;
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====643.1.3.2.1 Major Routes with Partially Controlled Access Right of Way====&lt;br /&gt;
The installation of all utility facilities on highways with partially controlled access right of way are to be installed, serviced, and maintained without entering or leaving the roadway and ramps except at points approved by MoDOT for that purpose and without parking any equipment or storing materials upon the medians, roadway and ramps, or shoulders of the roadways. Cutting or damaging the pavement or paved shoulders is not permitted. Equipment or materials stored within the right of way must be protected by longitudinal barrier or be located outside the clear zone. New service connections to existing parallel utility facilities are to be permitted only where granted by the Commission.&lt;br /&gt;
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No utility facilities will be permitted within the interchange limits of an interchange between fully limited access highways where planned or existing. Utility facilities within the interchange limits of an interchange with a non-access controlled highway will be permitted only along the minor road, provided that all construction, service, and maintenance can be performed from the minor road. Manholes and poles must be located beyond the ramp termini.&lt;br /&gt;
&lt;br /&gt;
====643.1.3.2.2 Major Routes with Normal Access Right of Way====&lt;br /&gt;
All new utility facilities will be installed and maintained without cutting or damaging the pavement or paved shoulders except in the event underlying rock formations or other obstructions are encountered that prevent boring or pushing operations. A variance may be granted for pavement cuts when the need is established. Pavement cuts may only be made by permits issued when it is impractical to otherwise service and maintain the facility. The installation of all utility facilities is to be installed without parking any equipment or storing materials upon the medians, roadway and ramps, or shoulders of the roadways. Equipment or materials stored within the right of way must be protected by longitudinal barrier or be located outside the clear zone.&lt;br /&gt;
&lt;br /&gt;
====643.1.3.2.3 Utility Facilities Crossing Major Routes====&lt;br /&gt;
=====643.1.3.2.3.1 Overhead Crossings of Major Routes=====&lt;br /&gt;
Supports for utility facilities crossing overhead should be located as near the right of way line as possible. For major routes with controlled access right of way, new overhead service crossings may be permitted in isolated cases for residential or commercial establishments where the denial of such crossings would require the construction of more than 1,200 feet (1,200’) of utility line to provide the same service. For major routes with normal access right of way, there is no restriction on the placement of service crossings.&lt;br /&gt;
&lt;br /&gt;
=====643.1.3.2.3.2 Underground Crossings of Major Routes=====&lt;br /&gt;
Underground crossings of utility facilities are to be continuously encased under the pavement, medians, ramps, and shoulders with the casing extending to the toe of the fill slopes or to the ditch line. In curbed sections, encasement should extend outside the outer curb of the roadways a distance equal to the depth of the encasement at the curb line. Where installed by open trench through unpaved areas, detector tape should be placed approximately one foot (1&#039;) above the encasement. Where a major route has a parallel outer roadway, encasement should be continuous under all roadways within the right of way.&lt;br /&gt;
&lt;br /&gt;
Manholes or vent pipes are to be located at the right of way line or adjacent to the outer roadway.&lt;br /&gt;
&lt;br /&gt;
For fiber optic cable, encasement should extend from within six feet (6&#039;) of one right of way line to within six feet (6&#039;) of the other right of way line.&lt;br /&gt;
&lt;br /&gt;
Exceptions may be made for encasement as listed in [[#643.1.4.2_Exceptions_to_Encasement|EPG 643.1.4.2]].&lt;br /&gt;
&lt;br /&gt;
====643.1.3.2.4 Parallel Installations along Major Routes====&lt;br /&gt;
New parallel installations on the right of way may be permitted provided that poles are within two feet (2&#039;) of the normal right of way line and underground utility facilities are within the utility corridor. Existing overhead or underground utility facilities that parallel an existing roadway which will be incorporated into a completed highway may remain in place if all maintenance and service can be performed without entering or leaving the roadway except at approved access points; without parking equipment or storing materials on the median, pavement, ramps, or shoulders; and the existing location does not interfere with construction, maintenance, or operation of the completed highway. If an existing parallel utility facility needs to be relocated so as to not interfere with the construction, maintenance, or operation of the completed highway, poles may be located withing five feet (5’) of the right of way line.&lt;br /&gt;
&lt;br /&gt;
Existing steel pipe transmission and distribution facilities for gaseous petroleum products that parallel an existing roadway that will be incorporated into the completed roadway may be left in place subject to an agreement by the utility owner that maintenance or service and facility expansion will be performed without cutting or damaging the pavement or interfering with the construction, maintenance, and operation of the highway and provided that the facility is cathodically protected against corrosion and meets the applicable material requirements.&lt;br /&gt;
&lt;br /&gt;
Underground utility facilities are expected to be buried within the utility corridor of sight distance triangles (SDTs) at roadway intersections unless granted a variance. Overhead utility facilities may be allowed to span intersecting roadways with SDTs provided the poles, or supports, are located outside the SDT.&lt;br /&gt;
&lt;br /&gt;
====643.1.3.2.5 Sanitary Sewers within the Right of Way of Major Routes====&lt;br /&gt;
New installations of sanitary sewers should follow the applicable guidelines for either underground crossings or parallel installations as appropriate. An existing gravity trunk sanitary sewer should be considered individually and removed or left in place contingent upon its age, condition, feasibility of moving, and maintenance access. If an existing parallel gravity main is left in place within the limits of the paved surface, paved shoulder lines, or curb lines, stub mains as required will be laid between the sewer main and curb or shoulder lines for future service connections in each block. Manholes should be relocated outside the traveled roadway as near the right of way line as practical.&lt;br /&gt;
&lt;br /&gt;
===643.1.3.3 Minor Routes===&lt;br /&gt;
For structures carrying or over minor routes, see [[#643.1.5_Bridge_Attachment_Policy|EPG 643.1.5]].&lt;br /&gt;
&lt;br /&gt;
====643.1.3.3.1 Utility Facilities Crossing Minor Routes====&lt;br /&gt;
=====643.1.3.3.1.1 Overhead Crossings of Minor Routes=====&lt;br /&gt;
Existing overhead crossings that interfere with construction, maintenance, or operation should be relocated with their supports as near the right of way line as is practical. New overhead crossing installations should be located with their supports as near the right of way line as is practical.&lt;br /&gt;
&lt;br /&gt;
=====643.1.3.3.1.2 Underground Crossings of Minor Routes=====&lt;br /&gt;
All new utility facilities should be installed and maintained without cutting or damaging the pavement or paved shoulders. A variance may be granted for pavement cuts when servicing and maintaining the facility by any other methods is impractical. Pavement cuts may only be made by permits issued. Underground crossings of utility facilities are to be continuously encased under the pavement, medians, ramps, and shoulders with the casing extending to the toe of the fill slopes or to the ditch line. In curbed sections, encasement should extend outside the outer curb of the roadways a distance equal to the depth of the encasement at the curb line. Where installed by open trench through unpaved areas, detector tape should be placed approximately one foot (1&#039;) above the encasement.&lt;br /&gt;
&lt;br /&gt;
Manholes or vent pipes are to be located at the right of way line or adjacent to the outer roadway.&lt;br /&gt;
&lt;br /&gt;
For fiber optic cable, encasement should extend from within six feet (6&#039;) of one right of way line to within six feet (6&#039;) of the other right of way line.&lt;br /&gt;
&lt;br /&gt;
Exceptions may be made for encasement as listed in [[#643.1.4.2_Exceptions_to_Encasement|EPG 643.1.4.2]].&lt;br /&gt;
&lt;br /&gt;
====643.1.3.3.2 Parallel Installations along Minor Routes====&lt;br /&gt;
New parallel installations on the right of way may be permitted provided that poles are within two feet (2&#039;) of the normal right of way line and underground utility facilities are within the utility corridor. Existing overhead or underground utility facilities that parallel an existing roadway which will be incorporated into a completed highway may remain in place if all maintenance and service can be performed without entering or leaving the roadway except at approved access points; without parking equipment or storing materials on the median, pavement, ramps, or shoulders; and the existing location does not interfere with construction, maintenance, or operation of the completed highway. If an existing parallel utility facility needs to be relocated so as to not interfere with the construction, maintenance, or operation of the completed highway, poles may be located within five feet (5’) of the right of way line.&lt;br /&gt;
&lt;br /&gt;
Underground utility facilities are expected to be buried within the utility corridor of sight distance triangles (SDTs) at roadway intersections unless granted a variance. Overhead utility facilities may be allowed to span intersecting roadways with SDTs provided the poles, or supports, are located outside the SDT.&lt;br /&gt;
&lt;br /&gt;
====643.1.3.3.3 Sanitary Sewers within the Right of Way of Minor Routes====&lt;br /&gt;
New installations of sanitary sewers should follow the applicable guidelines for either underground crossings or parallel installations as appropriate. An existing gravity trunk sanitary sewer should be considered individually and removed or left in place contingent upon its age, condition, feasibility of moving, and maintenance access. If an existing parallel gravity main is left in place within the limits of the paved surface, paved shoulder lines, or curb lines, stub mains as required will be laid between the sewer main and curb or shoulder lines for future service connections in each block. Manholes should be relocated outside the traveled roadway.&lt;br /&gt;
&lt;br /&gt;
===643.1.3.4 Roundabouts===&lt;br /&gt;
Regardless of roadway type, it is desirable to avoid locating utility facilities and their access points within the circulatory roadway. If possible, utility facilities are located in the legs of the roundabout to allow for future maintenance and access at an isolated leg versus affecting the entire roundabout. See [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_5_TypicalLocationofUtilityFacilitiesnearRoundabouts_AOD.pdf EPG Figure 643.1.5] for an example.&lt;br /&gt;
&lt;br /&gt;
===643.1.3.5 Utility Facilities in Scenic Enhancement Areas===&lt;br /&gt;
All existing utility facilities within the limits of a scenic enhancement area requiring adjustment because of construction or reconstruction will be placed underground or relocated beyond the limits of the scenic enhancement area. No new above ground facilities will be permitted. New underground facilities will be permitted provided they do not extensively alter or impair the appearance of the area.&lt;br /&gt;
&lt;br /&gt;
==643.1.4 Installation of Utility Facilities==&lt;br /&gt;
The following sections provide information on the physical installation of utility facilities within highway right of way.&lt;br /&gt;
&lt;br /&gt;
===643.1.4.1 Minimum Cover for Underground Facilities===&lt;br /&gt;
The minimum cover for new underground utilities is:&lt;br /&gt;
* Forty-two inches (42”) for all water lines (parallel and crossings).&lt;br /&gt;
* Forty-two inches (42”) for fiber optic cable (crossings encased in rigid conduit).&lt;br /&gt;
* Seventy-two inches (72”) for fiber optic cable (crossings encased in polyethylene (PE) pipe).&lt;br /&gt;
* Thirty inches (30”) for direct burial and in trench fiber optic cable (parallel).&lt;br /&gt;
* Twenty-four inches (24”) for all other direct burial copper or coaxial cable, (parallel).&lt;br /&gt;
* Seventy-two inches (72”) for uncased polyethylene (PE) gas pipe crossings under ditches and roadways but thirty inches (30”) elsewhere.&lt;br /&gt;
* Thirty inches (30”) for all other (such as, but not limited to, gravity sewers, forced sewers, and electric) underground utilities (both parallel and crossing).&lt;br /&gt;
&lt;br /&gt;
===643.1.4.2 Exceptions to Encasement===&lt;br /&gt;
Exceptions may be made for encasement as follows:&lt;br /&gt;
* Non-fiber communication or electric cables installed in ducts.&lt;br /&gt;
* Welded steel pipelines carrying gaseous or liquid petroleum products - provided they are cathodically protected against corrosion, triple-coated in accordance with accepted pipeline construction standards, and meet applicable material requirements.&lt;br /&gt;
* Natural gas distribution pipe (nominal six-inch (6”) diameter maximum) of polyethylene (PE) plastic, traceable, installed by a horizontal bore method at a minimum depth of seventy-two inches (72”) under ditches and roadways, constructed in accordance with and meeting applicable material requirements.&lt;br /&gt;
* Gas service connections protected and constructed in accordance with and meeting applicable material requirements.&lt;br /&gt;
* Encasement is not required for new trunk sanitary sewer crossings of vitrified clay, reinforced concrete or cast iron except when installation procedures would produce voids in the roadbed, heavy fills, or installations under pressure.&lt;br /&gt;
&lt;br /&gt;
===643.1.4.3 Above Ground or Ground Level Appurtenances===&lt;br /&gt;
Appurtenances protruding more than four inches (4”) above the ground line should be located outside the clear zone. If no feasible alternative exists and if permitted by a variance, appurtenances may be allowed within the clear zone if they meet breakaway criteria or will be shielded by a traffic barrier. Good design practice will provide that appurtenances be located at right of way jogs, along intersecting road right of way, or at other similar acceptable locations, so that encroachment is held to an absolute minimum. Cables, wires, small diameter pipes, and other such utility appurtenances extending from the surface of the ground should be equipped with covers or guards to improve their visibility. Appurtenances within sidewalks or street level pedestrian access routes are to be in conformance with the Americans with Disabilities Act requirements.&lt;br /&gt;
&lt;br /&gt;
The maximum pull box width perpendicular to the right of way line within the utility corridor is thirty inches (30”).&lt;br /&gt;
&lt;br /&gt;
===643.1.4.4 Overhead Utility Facilities===&lt;br /&gt;
The vertical clearance of new or existing overhead installations will not be less than the current minimum requirements of the National Electric Safety Code, but in no case less than eighteen feet (18’) inclusive of sag above the groundline for electrical facilities. Clearance may be reduced for overhead installations of cable, telephone, or fiber optic facilities.&lt;br /&gt;
A minimum radial clearance of twenty-five feet (25’) is provided from any utility facility to the nearest part of any bridge structure. A minimum radial clearance of ten feet (10’) is provided from the nearest charged electrical line to a MoDOT signal, lighting, ITS, or overhead sign structure.&lt;br /&gt;
&lt;br /&gt;
===643.1.4.5 Approved Materials===&lt;br /&gt;
Utility owners are allowed to use any material for underground utility facilities including carrier and encasement provided they accept responsibility for any future repairs and/or replacement of damaged MoDOT facilities should a failure occur. This will allow the use of current technology and procedures to provide the best value to its subscribers and the taxpayers of Missouri. For materials that MoDOT also uses in its highway system, utility owners must provide materials that meet the current [https://www.modot.org/missouri-standard-specifications-highway-construction Missouri Standard Specifications for Highway Construction]. For materials not listed in the Missouri Standard Specifications for Highway Construction, the utility owner should provide documentation of the standards used to determine suitability of the material.&lt;br /&gt;
&lt;br /&gt;
===643.1.4.6 Cutting===&lt;br /&gt;
In the event permission is granted to cut an existing concrete or asphalt pavement or sidewalk, the appropriate provisions below should be followed.&lt;br /&gt;
&lt;br /&gt;
====643.1.4.6.1 Pavement====&lt;br /&gt;
All pavement cuts should be made with a saw to the full depth of the pavement. The width of the cut is typically determined by the width of the trench plus a minimum one foot (1’) on each side of the trench. In the event the distance to any adjacent longitudinal or transverse joint or crack is less than four feet (4’), the pavement must be removed to the joint or crack. Cuts for perpendicular service tie-ins should be a minimum of three feet (3’) wide. Longitudinal main installations are typically cut at a minimum of half the lane width, but in no instance should the cut be along the wheel path of the lane.&lt;br /&gt;
[[File:fig_643.1.6-06_2026.jpg|800px|none|thumb|Figure 643.1.6 Pavement Repair Dimension Requirements.]]&lt;br /&gt;
&lt;br /&gt;
The utility facilities should be placed in a location with the least impact to the roadway. Typically, this leads to placement in the shoulder when available followed by the two-way left turn lane (TWLTL), and then outside lanes before allowing placement in interior through lanes. Lane switching should be kept to a minimum and should not be used to minimize repair sizes. Cuts for mains or service leads that may not be perpendicular to the roadway should be squared-off.&lt;br /&gt;
&lt;br /&gt;
Replacement of cut pavement should be full depth concrete in accordance with the current version at the time of installation of Section 613.10 Full Depth Pavement Repairs of the Missouri Standard Specifications for Highway Construction and the Missouri Standard Plans for Highway Construction. If the area of the pavement repair is not to be fully resurfaced all joints including the overcut from the sawing operation should be filled with an expansive mortar, epoxy, polyester, or joint material as approved by the Engineer in accordance with Section 1057 of the Missouri Standard Specifications for Highway Construction.&lt;br /&gt;
&lt;br /&gt;
====643.1.4.6.2 Pedestrian Access Routes====&lt;br /&gt;
All cuts in the pedestrian access routes whether asphalt or concrete should be made by saw and be the full depth of the material. Entire slabs of concrete sidewalk should be removed. Repair of the pedestrian access route must meet Americans with Disability Act requirements, see [[:Category:642_Pedestrian_Facilities|EPG 642]]. Cuts through curb ramps or detectable warning areas are not permitted. Rather the entire curb ramp or detectable warning area must be removed and replaced. MoDOT district ADA contacts can help ensure ADA compliance of impacted pedestrian access routes.&lt;br /&gt;
&lt;br /&gt;
===643.1.4.7 Non-disturbance Areas===&lt;br /&gt;
MoDOT has certain areas of right of way where mowing, spraying, digging, or other vegetation disturbance activities are restricted. These areas have been established to mitigate the environmental impacts of a previous project and should be avoided. If the areas cannot be avoided, contact MoDOT’s Environmental Section.&lt;br /&gt;
&lt;br /&gt;
==643.1.5 Bridge Attachment Policy==&lt;br /&gt;
No utility facility will be permitted in or on a structure carrying an interstate or other freeway unless it is part of a federal requirement or for MoDOT’s use. When the structure carries any other road type and no other practical means exists for the crossing, wires (communication, electrical, fiber, or metal) will be permitted. Electrical lines must be located to cause minimum exposure to MoDOT maintenance personnel and the public. Pressurized pipelines for gas or other petroleum products and water and all sewer lines are prohibited on all structures due to the risks associated with their failure.&lt;br /&gt;
&lt;br /&gt;
===643.1.5.1 Agreement===&lt;br /&gt;
An agreement is required for all utility facilities attached to any structure. A charge will be made for the increased maintenance costs involved. This fee is set by the Bridge Division. When permitted, a 50-year occupational agreement is executed with the utility owner. Agreement BR04 Utility Attachment Agreement is used when an attachment is added to a bridge during its construction. Agreement BR09 Bridge Attachment Agreement is used when an attachment is added to an existing bridge.&lt;br /&gt;
&lt;br /&gt;
===643.1.5.2 Requests===&lt;br /&gt;
Requests to attach facilities to structures is a multi-step process. Bridge Division is responsible for approval of the bridge attachment. If at any point in the process, Bridge Division determines the attachment to be unacceptable, a reason is to be provided.&lt;br /&gt;
&lt;br /&gt;
To start, the utility owner submits a conceptual request to the district utilities staff. The conceptual request consists of an explanation of the proposal; a general location sketch (i.e., which side of the bridge); and details on the facility, length, and weight per foot when full. The district utilities staff should work with all relevant district personnel including the District Bridge Engineer in reviewing and recommending the attachment. The district utilities staff will submit the recommended details to the Bridge Division to determine the applicable costs including future maintenance costs and for attachments to new bridges, design and construction. Once the Bridge Division has determined the cost, the district utilities staff shares the cost with the utility owner for their concurrence with furthering the process. For new bridges, if the utility owner concurs with the costs, the district utility staff will prepare the BR04 Agreement for execution by the utility owner and the Commission. MoDOT will be responsible for the design and construction of attachments to new bridges. For existing bridges, the district utilities staff will forward the applicable as-built bridge plans to the utility owner for its use in designing the bridge attachment. The utility owner will provide detailed design drawings, signed and sealed by a professional engineer in the State of Missouri, to the district utilities staff for review. The district utilities staff should work with all relevant district personnel, including the District Bridge Engineer, in reviewing and recommending the details of the attachment to the Bridge Division. Once Bridge Division approves, the Bridge Division will prepare the BR09 Agreement for execution by the utility owner and the Commission. The utility owner is responsible for the construction of attachments to existing bridges. A flow chart, [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_7_BridgeAttachementProcess_AOD.pdf EPG Figure 643.1.7], of the process is available.&lt;br /&gt;
&lt;br /&gt;
Payment from the utility owner for the attachment will be sent to Financial Services by district utilities staff. For BR04 agreements, district utilities staff should discuss with Financial Services how to get the payment credited to the project constructing the attachment. For BR09 agreements, district utilities staff should copy Bridge Division on correspondence with Financial Serves. Checks should be made payable to Director of Revenue, Credit State Road Fund.&lt;br /&gt;
&lt;br /&gt;
For requests from government entities such as cities, counties, and other municipalities, the requested information should be submitted to Bridge Division as described above. However, the district utilities staff will take the lead in preparing the DE10 County Agreement or DE11 Municipal Agreement, as applicable, with input from Bridge Division and Bridge Maintenance. All fees are waived for government entities.&lt;br /&gt;
&lt;br /&gt;
===643.1.5.3 Considerations===&lt;br /&gt;
The following considerations are made in determining the acceptability of a bridge attachment. Unique situations will be discussed with the Bridge Division as required.&lt;br /&gt;
&lt;br /&gt;
====643.1.5.3.1 Bridge Asset Management Program====&lt;br /&gt;
Requests for bridge attachments should be reviewed for consistency with the district’s upcoming bridge asset management program needs. If a structure is due for rehabilitation or replacement in the near future, information should be provided to the utility owner indicating existing remaining life of the bridge. In some instances, it may be in MoDOT’s best interest to deny the request for attachment outright. In some instances, the utility owner may still choose to pursue the short-term attachment to the existing structure. In almost all cases, the utility owner is responsible for the cost of removing and/or relocating their utility facilities for a necessary repair, widening, improvement or reconstruction of the structure. Review existing agreements for cost responsibility for current attachments.&lt;br /&gt;
&lt;br /&gt;
====643.1.5.3.2 Aesthetics====&lt;br /&gt;
In reviewing a request for a bridge attachment, how the structure is viewed by the public will be considered. For example, is the structure over a scenic stream that is extensively used by canoeists, or does the structure span a road that may provide access to a park, campgrounds, or boat launching facilities? Is the structure a grade separation where the motoring public will see the attachment before they pass under it?&lt;br /&gt;
&lt;br /&gt;
====643.1.5.3.3 Method of Attachment====&lt;br /&gt;
In order to maintain structural integrity of any structures the following requirements will apply for attachments.&lt;br /&gt;
&lt;br /&gt;
=====643.1.5.3.3.1 Welding=====&lt;br /&gt;
Welding of hardware to structural steel members (i.e., flanges, webs, stiffeners, and diaphragms) whether in tension or compression is not permitted.&lt;br /&gt;
&lt;br /&gt;
=====643.1.5.3.3.2 Drilling=====&lt;br /&gt;
Drilling holes in any structural steel member is not permitted. Drilling holes for anchors into any prestressed concrete member is not permitted. Although permitted, drilling holes for anchors into the underside of bridge decks must be done with caution. It is recommended all anchors be installed to miss deck reinforcing steel. Generally, drilling into decks will not be allowed where sonotubes were used (voided slab bridges). The depth of the holes should be such that breaking out of the concrete on the top side of the deck does not occur.&lt;br /&gt;
&lt;br /&gt;
=====643.1.5.3.3.3 Corrosion=====&lt;br /&gt;
Attachment hardware will be new, properly coated to prevent corrosion or be of a non-corrosive material, and be designed to support the facility.&lt;br /&gt;
&lt;br /&gt;
====643.1.5.3.4 Location====&lt;br /&gt;
In general, attachments are made on the underneath side of the bridge deck. The condition of the bridge deck will dictate the location of the attachment supports. An exception may be attachments to trusses or other overhead structures.&lt;br /&gt;
&lt;br /&gt;
Attachments that may require manholes in bridge decks are not allowed.&lt;br /&gt;
&lt;br /&gt;
When attachments are required to structures over streams that may carry large drifts, they must be attached to the downstream side of the structure and above the lowest superstructure element. It is preferred to locate the attachment on the outside of the exterior girder. If aesthetics are a concern, a better appearance can be achieved by having the attachment made to the inside of the exterior girder and above the bottom of the lower flange to hide the conduit and the attaching hardware.&lt;br /&gt;
&lt;br /&gt;
Placement of utilities must not prevent the removal of old paint, the application of new paint on superstructure steel, or cause debris buildup, which could cause structural deterioration.&lt;br /&gt;
&lt;br /&gt;
====643.1.5.3.5 Construction and Maintenance====&lt;br /&gt;
If the attachment cannot be built while maintaining one (1) lane of traffic on the structure, it will not be allowed.&lt;br /&gt;
&lt;br /&gt;
Construction procedures that severely impact traffic may factor into the allowable location of the attachment on the structure.&lt;br /&gt;
&lt;br /&gt;
When scaffolding is to be attached or supported by bridge rails, bridge superstructure, or bridge substructure, the procedures for construction of the attachment must be reviewed.&lt;br /&gt;
&lt;br /&gt;
The utility owner or local entity will pay for, or be responsible for, the painting of the attachment, if necessary, when the bridge requires painting.&lt;br /&gt;
&lt;br /&gt;
==643.1.6 Private Lines==&lt;br /&gt;
Private lines are permitted to cross the right of way of a highway in the same manner as outlined for all utility facilities in above sections of this article. Parallel installations along the right of way of a highway are not permitted. Special conditions at a specific location that make adherence to this policy impractical will be submitted to the Chief Engineer for consideration of an acceptable alternative. In certain situations, it may be necessary to obtain approval from the Federal Highway Administration (FHWA) before approval to use the alternative can be given to the private utility owner.&lt;br /&gt;
&lt;br /&gt;
==643.1.7 Water and Sewer Separations==&lt;br /&gt;
The Missouri Department of Natural Resources (MoDNR) Safe Drinking Water Commission via 10 CSR 60-10 and Clean Water Commission via 10 CSR 20-8 govern the design of water and sewer lines in the vicinity of one another. Basic criteria are outlined below for information, and details are contained within the regulations. MoDOT is not responsible for providing or acquiring adequate right of way for utility owners to comply with MoDNR requirements.&lt;br /&gt;
&lt;br /&gt;
===643.1.7.1 Water and Sewer Separations===&lt;br /&gt;
====643.1.7.1.1 Horizontal====&lt;br /&gt;
Sanitary and storm sewers are to be laid at least ten feet (10’) horizontally measured from outside edge to outside edge from any existing or proposed water main. In cases where it is not practical to maintain ten feet (10’) of separation, installation of the water main closer to the sewer is acceptable where the water main is installed in a separate trench or on an undisturbed earth shelf located on one (1) side of the sewer at an elevation so the bottom of the water main is at least eighteen inches (18”) above the top of the sewer.&lt;br /&gt;
&lt;br /&gt;
===643.1.7.2 Crossings===&lt;br /&gt;
Water mains are to be laid to provide a minimum vertical distance of eighteen inches (18”) vertically measured outside edge to edge from sanitary or storm sewers. This is the case whether the water main is above or below the sewer. One (1) full length of water pipe must be located so both joints will be as far from the sanitary or storm sewer line as possible. Special structural support for the water main or sanitary or sewer main may be required.&lt;br /&gt;
&lt;br /&gt;
===643.1.7.3 Exception===&lt;br /&gt;
When it is impossible to obtain proper horizontal and vertical separation as stipulated, the sewer will be designed and constructed equal to water pipe and will be pressure-tested to assure it is watertight prior to backfilling.&lt;br /&gt;
&lt;br /&gt;
===643.1.7.4 Water Supply Interconnections===&lt;br /&gt;
No physical connection is permitted between a public or private potable water supply system and any sanitary or storm sewer or appurtenance that would permit the passage of any sewage or polluted water into the water supply. No water pipe is permitted to pass through or come in contact with any part of a sanitary sewer manhole.&lt;br /&gt;
&lt;br /&gt;
===643.1.7.5 Water Works Structures===&lt;br /&gt;
Sewers are not permitted to be installed within fifty feet (50’) in any direction from any existing or proposed public water supply well or other water supply sources or structures.&lt;br /&gt;
&lt;br /&gt;
==643.1.8 Variances==&lt;br /&gt;
Occasionally, it is impractical to locate a utility facility in accordance with requirements outlined in this article. MoDOT may consider a utility owner’s request for a variance from these requirements on a case-by-case basis. The utility owner should complete a [https://epg.modot.org/forms/general_files/DE/UtilityVarianceApprovalForm.docx Utility Variance Approval Form] to be submitted to MoDOT for consideration. Variances on the Interstate System require approval of the Federal Highway Administration (FHWA). A flow chart, [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_8_VarianceApprovalProcess.pdf EPG Figure 643.1.8], of the variance process is available.&lt;br /&gt;
&lt;br /&gt;
A variance will not be permitted just for the convenience of the utility owner. The utility owner requesting a variance must provide all necessary information to properly evaluate if a variance should be approved. For example, a utility owner requesting a variance because “the utility corridor is full” must explore all reasonable options. It is suggested that the requestor pothole the existing utility corridor to confirm the location of existing utility facilities and provide that data to support the need to locate outside of the utility corridor due to its congestion.&lt;br /&gt;
&lt;br /&gt;
===643.1.8.1 Variance Process===&lt;br /&gt;
Any utility owner of a public utility facility may apply for a variance. The process for requesting a variance is as follows:&lt;br /&gt;
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====643.1.8.1.1 Submittal Requirements====&lt;br /&gt;
Utility owners submit to the district utilities staff a written request for a variance using the [https://epg.modot.org/forms/general_files/DE/UtilityVarianceApprovalForm.docx Utility Variance Approval Form]. The utility owner must clearly show the provision(s) or guideline(s) for which the variance is being requested; the condition(s) which the utility owner believes warrant(s) the granting of a variance; a thorough explanation of the reason(s) for the requested variance, including sufficient and appropriate documentation of safety, aesthetic, or constructability constraints that would be adverse to the function, access, or maintenance of the utility facility and not in the best interest of the public.&lt;br /&gt;
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====643.1.8.1.2 MoDOT Consideration of Variance Request====&lt;br /&gt;
The utility owner bears full responsibility for demonstrating to MoDOT’s satisfaction that the variance is the most appropriate way to serve the public interest. MoDOT may present to the utility owner and the utility owner must consider reasonable alternatives to the variance requested by the utility owner. In determining whether to grant a variance, district utilities staff will consider all relevant factors including, but not limited to: the requested variance is reasonably necessary for the convenience, safety, health, and/or welfare of the public; there is an exceptional or undue burden or hardship on the specific applicant; a physical impracticability that would result from the applicant’s adherence to the normal location requirements; and the requested variance will not impair the safe construction, maintenance, operation, and safety of public travel on the highway. District utilities staff may consult with the Design Liaison Engineer in evaluating variances.&lt;br /&gt;
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====643.1.8.1.3 Approval of Variances====&lt;br /&gt;
Once district utilities staff have agreed to accept a variance proposed by the utility owner, the [https://epg.modot.org/forms/general_files/DE/UtilityVarianceApprovalForm.docx Utility Variance Approval Form] and all supporting documentation is sent to the District Design Engineer (DDE) for approval. If a variance is on interstate right of way, the DDE-signed Variance Request Form and all supporting documentation is forwarded to the Design Liaison Engineer who will forward to FHWA for their concurrence.&lt;br /&gt;
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====643.1.8.1.4 Variance Appeal Informal Hearing====&lt;br /&gt;
If denied a variance, the utility owner has thirty (30) calendar days to request an informal hearing for the purpose of appealing the denial. Requests must be made in writing to the State Design Engineer, Missouri Department of Transportation, P.O. Box 270, Jefferson City, MO 65102. If the utility owner requests an informal hearing, MoDOT’s authorized representative will advise the applicant of the time, date, and place of the hearing. The hearing is not a contested case under RSMo 536. The rules of evidence will not apply at the hearing, and MoDOT’s decision after the conduct of the hearing is not subject to further appeal.&lt;br /&gt;
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==643.1.9 Excess Right of Way==&lt;br /&gt;
Prior to conveyance of excess right of way, the status of utility facilities within said parcel must be addressed. See [[236.5_Property_Management#236.5.12_Excess_Land_Conveyances_&amp;amp;_Relinquishments_–_Regulated_Utilities|EPG 236.5.12]].&lt;br /&gt;
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==643.1.10 Broadband==&lt;br /&gt;
Broadband development in the state of Missouri is handled by the Department of Economic Development (DED). MoDOT shares its approved Statewide Transportation Improvement Program (STIP) project list with DED. All MoDOT policies related to placement of utility facilities within Commission right of way as outlined in this EPG article 643.1 are to be followed.&lt;br /&gt;
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&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643.2 Utilities in Program Delivery &#039;&#039;PAGE TITLE&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt; &lt;br /&gt;
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==643.2.1 Introduction==&lt;br /&gt;
Improvements to the highway system often require negotiation between the Commission and a city, a county, or a public or private utility owner. The Commission’s district utilities staff is responsible for coordination of highway improvement projects with the utility owner’s representative. The impact to a utility, the responsibility for the cost of adjustments necessary to allow highway construction, the plan of adjustment of the utility, the responsibility of performance of work on utility facilities, and the schedule of the utility adjustment are all items that vary depending on the project and should be investigated and negotiated to ensure highway improvement projects are delivered on-time and on-budget. These should comply with Commission policy. A flowchart [link here] outlining all the utility adjustment processes (reimbursable and non-reimbursable relocations, Master Reimbursable Utility Agreements and Project Specific Agreements, etc.) are available in the list of figures at the top of the page. These processes will not always be in combination, but each should be considered with each project.&lt;br /&gt;
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The district utilities staff, in conjunction with the Transportation Project Manager (TPM), is expected to invite and encourage participation of utility owner representatives in MoDOT project meetings as needed.&lt;br /&gt;
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When a project involves utility adjustments for which the Commission is responsible for costs, the TPM should program the costs of the utility adjustments as non-contractual construction costs in the STIP Information Management System (SIMS).&lt;br /&gt;
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==643.2.2 Annual Utility Meeting==&lt;br /&gt;
Each district should hold an annual meeting with utilities to discuss current STIP projects in the district. The annual meeting should be held during each year&#039;s STIP preparations, ideally between January and May. All utility owners that have utility facilities in the district should be invited. The intent is to provide the utility owners with an idea of upcoming projects to allow them the opportunity to plan and budget for potential adjustments of their utility facilities, identify both MoDOT and utility roadblocks, and develop action plans to complete utility adjustments better, faster, and cheaper.&lt;br /&gt;
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==643.2.3 Determination of Existing Utilities==&lt;br /&gt;
District utilities staff should determine the appropriate level of effort needed to accurately identify existing utilities within the footprint of a proposed highway construction project. Aboveground utilities are easily identifiable via field checks; however, determination of the precise location of underground utilities can be more challenging and time consuming. Therefore, the district utilities staff should balance the risk of conflict with the highway construction project against the level of effort needed to determine the location.&lt;br /&gt;
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The level of effort on mapping utilities is dependent on the scope of the project and the potential for utilities having an impact on the construction of the project. The project schedule should include the time to complete this task accurately. The time and effort necessary for having accurate locates requires close interaction with the utility locators. Early contact with utility owner representatives may be necessary to accurately locate underground utility facilities.&lt;br /&gt;
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Various methods of determining existing underground utilities result in different levels of quality. ASCE Standard 38 Standard Guidance for Investigating and Documenting Existing Utilities classifies four levels of quality:&lt;br /&gt;
:1. Quality Level D: QL-D is the most basic level of information for utility locations. It comes solely from existing utility records or verbal recollections, both typically unreliable sources. It may provide an overall &amp;quot;feel&amp;quot; for the congestion of utilities but is often highly limited in terms of comprehensiveness and accuracy. QL-D is useful primarily for project planning and route selection activities.&amp;lt;br&amp;gt;&lt;br /&gt;
: Missouri 811 or “private-locate” markings are to be considered to be QL-D.&lt;br /&gt;
:2. Quality Level C: QL-C is probably the most used level of information. It involves surveying visible utility facilities (e.g., manholes, valve boxes, etc.) and correlating this information with existing utility records (QL-D information). When using this information, it is not unusual to find that many underground utilities have been either omitted or erroneously plotted. Therefore, its usefulness is primarily on rural projects where utilities are not prevalent or are not too expensive to repair or relocate.&lt;br /&gt;
:3. Quality Level B: QL-B involves the application of appropriate surface geophysical methods to determine the existence and horizontal position of virtually all utilities within the project limits. This activity is called &amp;quot;designating&amp;quot;. The information obtained in this manner is surveyed to project control. It addresses problems caused by inaccurate utility records, abandoned or unrecorded utility facilities, and lost references. The proper selection and application of surface geophysical techniques for achieving QL-B data is critical. Information provided by QL-B can enable the accomplishment of preliminary engineering goals. Decisions regarding location of storm drainage systems, footers, foundations, and other design features can be made to avoid conflicts with existing utilities. Slight adjustments in design can produce substantial cost savings by eliminating utility relocations.&lt;br /&gt;
:4. Quality Level A: QL-A, also known as &amp;quot;locating or potholing&amp;quot;, is the highest level of accuracy presently available and involves the full use of the subsurface utility engineering services. It provides information for the precise plan and profile mapping of underground utilities through the nondestructive exposure of underground utilities, and provides the type, size, condition, material, and other characteristics of underground features.&lt;br /&gt;
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For projects with scopes that have potential for utility conflicts, the minimum level of effort required is SUE Quality Level D. Locations of existing utilities are determined by requesting locates through Missouri 811, also known as the “One-Call” process. Missouri 811 locating requests should be carefully considered for the scope of work of the project. When necessary, the location of existing utilities should be established by a field survey of locate markings and features and shown on the roadway plans. Higher level SUE Quality Levels can be used on any project. Adjustment cost savings, whether to the MoDOT or to the utility owner, are beneficial to the taxpayer. Good SUE projects are typically urban in nature, or in congested areas, where the project footprint is to be minimized, or anytime accurate vertical and horizontal location of the utility facility might allow a design to avoid the utility facility thus preventing the need for the adjustment. The SUE process combines civil engineering, surveying, and geophysics. It utilizes several technologies, including vacuum excavation and surface geophysics.&lt;br /&gt;
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When proposed excavation or installation of subsurface features (drainage, equipment bases, etc.) falls within three feet (3’) of a marked Missouri 811 line, soft digging (hand digging, potholing, vacuum methods, pressurized air/water jetting, pneumatic hand tools, etc.) is required to more exactly locate the utility facility both horizontally and vertically. Utility facilities present within the right of way by permit, should be investigated by the utility owner. Utility facilities that would be reimbursable or partially reimbursable as defined in EP 643.2.8 will be investigated by MoDOT.&lt;br /&gt;
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==643.2.4 Conflict Determination==&lt;br /&gt;
Determination of whether a conflict exists between an existing utility facility and a proposed highway improvement project should occur at the earliest possible stage of project development. A conflict may be the result of the physical interaction between the roadway infrastructure and utility facility, a reduction in cover or increase in fill over underground utilities, a reduction in horizontal clearance whether above or below ground, a reduction in overhead vertical clearance, paving over utilities, or restricting a utility owner’s access to its utility facilities. District utilities staff should work with utilities to determine if a conflict exists and the appropriate plan of adjustment to remedy the conflict. The adjustment to the utility may be a relocation or another measure that protects the utility or access to the utility from the proposed highway improvement project. Determination of a conflict needs to be continually re-evaluated as the project design progresses. Continuing coordination is essential.&lt;br /&gt;
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==643.2.5 Utility Plan of Adjustment==&lt;br /&gt;
===643.2.5.1 Request for Plan of Adjustment===&lt;br /&gt;
District utilities staff will request a plan of adjustment from utility owners whose utility facilities are in conflict with a proposed highway project. The plan of adjustment may consist of efforts to relocate the utility or otherwise protect a utility from the impacts of the proposed highway project. Utilities are shown on the roadway plan and profiles sheets that are furnished to utility owners for use in planning required utility adjustments. Any other sheets such as drainage, traffic signal, lighting, or ITS plans that show impacts to a utility facility should also be provided to the utility owners. All adjustments, reimbursable or not, require a plan of adjustment furnished by the utility owner.&lt;br /&gt;
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A transmittal letter is included in the request for a plan of adjustment. The letter informs the utility owner that regardless of whether an adjustment is reimbursable, no physical adjusting or relocating of their utility facilities to accommodate the proposed highway improvement is to be performed without specific approval and authorization. Additionally, if any part of the adjustment has the potential to be reimbursable, they are advised:&lt;br /&gt;
# They may undertake preliminary engineering by their own forces upon approval by district utilities staff of the estimated costs of preliminary engineering.&lt;br /&gt;
# They may employ a consultant to do the PE work provided they request and obtain prior approval. See [[#643.2.6_Preliminary_Engineering_Requirements|EPG 643.2.6 Preliminary Engineering Requirements]].&lt;br /&gt;
# Any preliminary engineering costs accrued prior to the date of written authorization to proceed will not qualify for reimbursement.&lt;br /&gt;
# Replacement right of way or easements cannot be purchased without specific approval and authorization.&lt;br /&gt;
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===643.2.5.2 Proposed Plan of Adjustment===&lt;br /&gt;
Developing a plan of adjustment is a multi-step process. The utility owner will propose a conceptual approach to adjusting the utility facilities to allow highway construction. This conceptual approach is used as the basis for determining cost responsibility, estimate of costs for preliminary engineering and construction, developing the agreement if necessary, and final design of the adjustment. Negotiations between district utility staff and the utility owner’s representative can result in changes to the design throughout the process.&lt;br /&gt;
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Final plans of adjustment must contain a legend on the first sheet identifying the utility symbols used. They must also show the existing utility facilities and their disposition, the location of the new or adjusted utility facilities, the existing and new right of way lines, the limited or fully controlled access symbols (where applicable), the existing and proposed roadways, ramps, and outer roadways and any other pertinent roadway information. They must contain sufficient details concerning location, elevation, compaction, clean up, etc. to provide for the proper adjustment of the utility facility. Relocated and/or existing utility facilities that will remain in place must be dimensioned or indicated in a manner to show their location in respect to the right of way lines. It is preferred that the utility owner transmits the plan of adjustment by electronic deliverables in a format that can be incorporated into the roadway plans. This will reduce the time and effort necessary as well as increase the accuracy of transferring this information into the roadway plans.&lt;br /&gt;
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Plans of adjustment received from the utility owner are to be checked for compliance with MoDOT’s requirements ([[#643.1_Utilities_Location|EPG 643.1 Utility Location]]) by the district utilities staff. They are also checked to ensure compatibility with the roadway design. Any continuing conflicts are resolved through negotiations with the utility owner.&lt;br /&gt;
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Occasionally, it is impractical to perform a utility adjustment in accordance with MoDOT’s requirements. Sometimes the utility may request approval of a plan of adjustment that does not conform to these requirements. Deviation from MoDOT’s utility requirements is a variance. Refer to [[#643.1.8_Variances|643.1.8 Variance Process]] for additional guidance.&lt;br /&gt;
The final plan of adjustment is included as Exhibit “A” to the agreement ([[#643.2.12_Utility_Agreements|EPG 643.2.12 Agreements]]).&lt;br /&gt;
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==643.2.6 Preliminary Engineering Requirements==&lt;br /&gt;
Preliminary engineering (PE) can be performed one of four ways for utility adjustments:&lt;br /&gt;
# The utility owner can use its own engineering forces.&lt;br /&gt;
# MoDOT can select an engineering consultant, after consultation with the utility owner, and the consultant contract will be administered by MoDOT.&lt;br /&gt;
# The utility owner can select an engineering consultant, with approval by MoDOT, and the consultant contract will be administered by the utility owner.&lt;br /&gt;
# If a utility adjustment is being included in a MoDOT administered construction contract, the preliminary engineering of the adjustment can be provided by MoDOT.&lt;br /&gt;
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For reimbursable utility adjustments, the amount paid to engineers, architects, and others for required engineering and allied services can be included in reimbursement amount provided such amounts are not based on a percentage of the costs of the necessary adjustments to allow highway construction. Reimbursement is available for contracts executed after solicitation of a consultant for the specific adjustment or existing continuing contracts when it is demonstrated that such work is performed regularly for the utility owner in its own work and that the costs are reasonable.&lt;br /&gt;
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A [https://epg.modot.org/forms/general_files/DE/UtilityConsultantContractChecklist.docx checklist is available for reviewing consultant-engineering contracts] to ensure the contract conforms to MoDOT policy and complies with applicable federal regulations. District utilities staff should use the checklist to review contracts and may consult with Audits and Investigations Division as necessary. The procedures in 23 CFR part 172, Administration of Engineering and Design Related Service Contracts may be used as a guide for reviewing proposed consultant contracts. [[:LPA:136.4_Consultant_Selection_and_Consultant_Contract_Management|EPG 136.4 Consultant Selection and Consultant Contract Management]] may also be used as a guide.&lt;br /&gt;
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===643.2.6.1 Solicited Consultant Contracts===&lt;br /&gt;
If solicitation of PE services is required for reimbursable utility adjustments, the utility owner must provide the following documents and information to district utilities staff. These documents need to be provided as soon as the utility owner has chosen to solicit a consultant. Document 1 must be supplied by all utility owners. Documents 2 and 3 are only required when the utility owner is a local government agency who is also a political subdivision of the state of Missouri (e.g., city-owned utilities, county-owned utilities). All other utility owners are encouraged, but not required, to provide Documents 2 and 3:&lt;br /&gt;
# A statement that the utility owner is not staffed or able to perform the required PE services with its own forces.&lt;br /&gt;
# Provide the names of at least three (3) consultants considered.&lt;br /&gt;
# The criteria used to evaluate each consultant and reasons why the selected consultant was selected.&lt;br /&gt;
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The following documents need to be provided as soon as the utility owner has successfully negotiated and entered into a contract with the consultant:&lt;br /&gt;
# The name and address of the selected consultant.&lt;br /&gt;
# A statement that the &amp;quot;[https://epg.modot.org/forms/general_files/DE/CertificationOfConsultant.docx Certification of Consultant]&amp;quot; will be furnished immediately upon award of the contract to the consultant.&lt;br /&gt;
# One executed copy of the proposed engineering contract or agreement between the utility owner and consultant, only if the engineering will exceed $5,000.00.&lt;br /&gt;
# The consultant&#039;s fixed (lump sum) or estimated fee (actual cost) and the contract maximum.&lt;br /&gt;
# A cost summary providing a detailed breakdown of the basis for the consultant&#039;s compensation, including estimated labor hours, hourly rates for each classification, overhead rate (if used), the amount of profit charged, and any other estimated charges such as travel expenses, equipment rentals, etc. If an overhead rate is used, the consultant must also submit the supporting overhead rate calculations.&lt;br /&gt;
# An independent cost estimate of engineering services provided by the utility owner to use in comparison to the consultant’s proposed engineering services to check for cost reasonableness.&lt;br /&gt;
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===643.2.6.2 Continuing Consultant Contracts===&lt;br /&gt;
When a utility owner chooses to use an existing continuing contract for PE services, the utility owner must provide the following documents and information to the district utilities staff as soon as possible.&lt;br /&gt;
# A statement that the utility owner is not staffed or able to perform the engineering with its own forces.&lt;br /&gt;
# The name and address of the consultant under the existing continuing contract.&lt;br /&gt;
# A statement that the &amp;quot;[https://epg.modot.org/forms/general_files/DE/CertificationOfConsultant.docx Certification of Consultant&amp;quot;&amp;quot; will be furnished.&lt;br /&gt;
# A copy of the continuing contract to the district utilities staff. The district utilities staff will review the contract for reasonableness of cost.&lt;br /&gt;
# The consultant&#039;s fixed (lump sum) or estimated fee (actual cost) and the contract maximum for the work associated with the utility adjustment.&lt;br /&gt;
# A cost summary providing a detailed breakdown of the basis for the consultant&#039;s compensation, including estimated labor hours, hourly rates for each classification, overhead rate (if used), the amount of profit charged, and any other estimated charges such as travel expenses, telephone, etc. If an overhead rate is used, the consultant must also submit the supporting overhead rate calculations.&lt;br /&gt;
# An independent cost estimate of engineering services provided by the utility owner to use in comparison to the consultant’s proposed engineering services to check for cost reasonableness.&lt;br /&gt;
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===643.2.6.3 Consultant Contract Changes===&lt;br /&gt;
If a PE services contract between a utility owner and a consultant needs to be revised, a copy of the revised contract, fee, and schedule should be submitted by the utility owner to the district utilities staff prior to allowing for contract changes. District utilities staff should review the contract changes to ensure the revised contract conforms to MoDOT policy and complies with applicable federal regulations.&lt;br /&gt;
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==643.2.7 Environmental and Right of Way==&lt;br /&gt;
===643.2.7.1 Utilities and Environmental Clearances===&lt;br /&gt;
District utilities staff should coordinate with the TPM and utility owner’s representative to understand and communicate on known environmental and cultural constraints that could impact a utility owner’s plan of adjustment. This will allow the utility owner to consider permitting timelines and alternatives that avoid environmental or cultural resources to keep the project on schedule.&lt;br /&gt;
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One strategy to make project delivery more efficient and ensure regulatory compliance is for MoDOT to obtain the environmental and cultural resource permits and clearances for the utility owners associated with a roadway improvement while obtaining its own. This would generally only be for the permits and regulatory clearances MoDOT already needs to pursue as a part of the transportation improvement.&lt;br /&gt;
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District utilities staff should coordinate with the utility owner’s representative early in the project timeline to determine if it is in the best interest of both MoDOT and the utility owner to obtain permits and environmental clearances jointly. The following strategies can be utilized to determine if a joint approach to environmental work should be pursued:&lt;br /&gt;
* If utility facilities are moving to a location within or immediately adjacent to MoDOT right of way, a utility owner may be invited to participate in permitting and environmental compliance activities.&lt;br /&gt;
* If utilities move to a location not within or adjacent to MoDOT right of way, the utility company would not normally be invited to participate in permit applications and environmental compliance activities. However, some unique projects may necessitate further attention and should be discussed with the Design Liaison Engineer.&lt;br /&gt;
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If MoDOT and the utility owner agree to obtain joint permits and clearances, written communication between the utility owner’s representative and the district utilities staff should document the following items:&lt;br /&gt;
* List of the permits and clearances that MoDOT will acquire on behalf of the utility owner.&lt;br /&gt;
* List of the information needed from the utility owner in order for MoDOT to acquire the permits and clearances.&lt;br /&gt;
* Schedule and deadlines for submittal of the information by the utility owner. For example: utility plans, fill quantities, construction methods, dates, or seasons of construction.&lt;br /&gt;
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Permits and clearances that may be needed by both a utility owner and MoDOT include:&lt;br /&gt;
* [[127.7_Threatened_and_Endangered_Species|Endangered Species Act consultation and clearance]]&lt;br /&gt;
* [[127.2_Historic_Preservation_and_Cultural_Resources#127.2.1.1_Historic_Preservation_Regulations_and_Laws|Section 106 of the National Historic Preservation Act clearance]]&lt;br /&gt;
* [[127.10_Section_4(f)_Public_Lands|Section 4(f) clearance]]&lt;br /&gt;
* [[127.10_Section_4(f)_Public_Lands#127.10.1.4_Section_6(f)_Laws_and_Regulations|Section 6(f) of the Land and Water Conservation Fund Act clearance]]&lt;br /&gt;
* [[127.4_Wetlands_and_Streams|Section 401 and Section 404 of the Clean Water Act permits]]&lt;br /&gt;
* [[:Category:806_Pollution,_Erosion_and_Sediment_Control#806.1_Introduction_(see_Sec._806)|Section 402 of the Clean Water Act permit (State Operating Permit for Erosion Control)]]&lt;br /&gt;
* [[127.8_Hazardous_and_Solid_Waste|Recommendations on contaminated soil disposition]]&lt;br /&gt;
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===643.2.7.2 Right of Way Acquisition and Utilities===&lt;br /&gt;
The Commission is obligated to acquire the width of right of way required by the design of the highway improvement. For utility facilities currently located within the Commission’s right of way, this includes the necessary space for the utility facilities impacted by the design of the highway improvement. Either additional right of way width to accommodate a utility corridor or a utility easement can be obtained for the relocation of utility facilities. When drainage easements are acquired along a channel, additional space for utility facilities should be considered to avoid conflicts between the utility facility and the bridge or culvert.&lt;br /&gt;
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District utilities staff should inform the utility owner’s representative of the potential of a conflict between an existing utility facility and a proposed highway construction project early in the project development process to allow sufficient time for the utility owner to prepare a plan of adjustment and notify the district utilities staff of any easement needs. When utility facilities are located on a utility owner’s private easement, the utility owner may obtain its own new easements. If the utility owner is not in a position to negotiate for new easements or if the utility owner’s policies will not permit it to condemn property to obtain the easement, MoDOT can acquire the easement in the same manner roadway right of way is obtained. The district utilities staff should verify the utility owner is aware of the opportunity to have MoDOT acquire the easement, and the utility owner should provide written documentation on whether the utility owner would like to pursue this option with MoDOT.&lt;br /&gt;
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For situations where the utility owner will obtain its own replacement right of way and the cost of the adjustment is MoDOT’s responsibility, the utility right of way cost should be reviewed by the district right of way department to ensure the cost is reasonable and acquisition followed state and federal regulations. In order to expedite utility adjustments necessary to allow highway construction, the district utility staff may authorize the utility owner to obtain easements prior to all details of a plan of adjustment being developed. In this situation, the district utilities staff should ensure enough details are known to justify the needed right of way, and an agreement for right of way costs only should be executed with the utility owner.&lt;br /&gt;
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For situations where MoDOT will obtain the right of way necessary to allow highway construction, district utility staff should negotiate with the utility owner’s representative to ensure all necessary utility easements are shown on the approved right of way plans. The TPM should confirm with district utilities staff that the right of way plans accurately reflect the needs of the utility owners prior to requesting right of way plan approval. The district Right of Way Manager should confirm with district utilities staff before requesting an acquisition date (A-date). Every effort should be made to avoid adding utility easement requests once negotiations with property owners have begun.&lt;br /&gt;
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Occasionally, when negotiations cannot be completed for easements for the adjustment of utility facilities, it may be necessary to condemn for the property. District utilities staff should coordinate with the utility owner’s representative to ensure no alternate design for the adjustment of the utility facility is practical. The decision to condemn for easements for the adjustment of the utility facilities requires the exercise of good judgment in reaching the conclusion that further good faith negotiations are futile and condemnation is necessary to maintain the project in the scheduled letting. The TPM should coordinate with the district utilities staff and district Right of Way (RW) personnel on the condemnation proceedings.&lt;br /&gt;
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Easement and other right of way documents used with utility owners are handled in accordance with procedures established jointly with RW and district utilities staff. District survey staff prepare the land descriptions for use in utility easements. The district utilities staff is responsible for completion of the easements in the correct form and scope. A sketch delineating the area described is attached to the easement as Exhibit “A”. Communication with the Design Division will ensure use of proper forms, corporate names and locations, and particular wording required for joint ownerships. The description for a utility easement is to be referenced to the nearest land corner shown on the plans. Examples of easements can be found in the template list in [https://netprod3.dot.missouri/eAgreements/Search/QuickSearch eAgreements].&lt;br /&gt;
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In situations where MoDOT is acquiring right of way with existing utility easements, but the district utilities staff and the utility owner’s representative agree that the utility facility may remain in place, the utility owner will release the property to the Commission separate from the right of way acquisition. This is done by executing an Easement for Highway Construction (UT16). The utility owner grants and conveys, with warranty of title expressed or implied, to the Commission, the right to construct, reconstruct, and maintain a highway over and across that portion of the easement owned and held by the utility owner. In the future, the utility owner retains any reimbursable rights should future projects require adjustments to allow highway construction.&lt;br /&gt;
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==643.2.8 Cost Responsibility==&lt;br /&gt;
In addition to determining if a conflict exists between an existing utility facility and a highway improvement project, it is important to determine who is responsible for the costs of the necessary adjustments to allow highway construction. An adjustment for which the Commission is responsible for the costs is known as a reimbursable adjustment. An adjustment for which the Commission is not responsible for the costs is known as a non-reimbursable adjustment. An adjustment for which the Commission and the utility share responsibility for costs is known as a partially reimbursable adjustment. Adjustments determined to be reimbursable or partially reimbursable by the Commission are to be completed under the terms of an agreement executed between the utility owner and the Commission.&lt;br /&gt;
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===643.2.8.1 Commission Responsibility===&lt;br /&gt;
====643.2.8.1.1 Utility Facilities Located on Private Easements====&lt;br /&gt;
When the utility facility is located on a private easement within the new right of way to be acquired for a future project, the Commission is responsible for the cost of the necessary adjustments to allow highway construction. It may be possible that such easement does not have written easement rights. The Commission will honor this oral right provided acceptable documentation is provided by the utility owner to the district utilities staff. An [https://epg.modot.org/forms/general_files/DE/NonwrittenEasementRights_Example.docx example of acceptable documentation for not written easement rights] is available. Other forms of documentation will be considered on an individual basis.&lt;br /&gt;
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=====643.2.8.1.1.1 Future Moves=====&lt;br /&gt;
When the utility facility is located on a private easement, taken into the Commission’s right of way, the Commission may agree that any future moves of the same utility by Commission order may be made at the Commission’s cost. Documentation of this agreement is by an Easement for Highway Construction (UT16) agreement. If the Commission provides a substitute private easement, then the Commission will have future obligations consistent with the utility facility’s status in an easement.&lt;br /&gt;
&lt;br /&gt;
====643.2.8.1.2 Utility Facilities Located within Commission Right of Way====&lt;br /&gt;
When the utility facility is located within Commission right of way, but has prior land rights, the Commission is responsible for the cost of adjustments to allow highway construction. The utility owner is responsible for documenting to the satisfaction of the district utilities staff, the basis for the claim of prior land rights within Commission right of way. Time spent researching prior rights is considered coordination and is reimbursable.&lt;br /&gt;
&lt;br /&gt;
====643.2.8.1.3 City or County Utility Facilities on City or County Streets====&lt;br /&gt;
When roadway improvements are within the corporate limits of cities, towns, and villages, a municipal agreement is negotiated between the Commission and the municipality. Likewise, when roadway improvements are within the limits of a county and outside the municipal limits, a county agreement is negotiated between the Commission and the County Commission. Included in these agreements are provisions regarding reimbursement for adjusting city or county owned utility facilities. Reimbursement is provided for adjustment of city or county owned utility facilities that are now located on city or county streets and not on Commission right of way.&lt;br /&gt;
&lt;br /&gt;
====643.2.8.1.4 Lumen====&lt;br /&gt;
Lumen – National (formerly CenturyLink, Lightcore, or Digital Telephone, Inc. (DTI)) and the Commission have entered into a partnership agreement, “Amended and Restated Fiber Optic Cable on Freeways in Missouri,” executed June 5, 2003 which obligates the Commission to be responsible for the cost of the necessary adjustments to allow highway construction along the routes identified in the agreement. A copy of the agreement is available to district utilities staff.&lt;br /&gt;
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====643.2.8.1.5 Services to the Commission====&lt;br /&gt;
When a utility facility provides a service connection to local Commission facilities such as power to traffic signals, lighting, ITS, and cathodic protection and phone drops to traffic signal controllers or other Commission facilities, the Commission is responsible for the cost of the necessary adjustments to allow highway construction.&lt;br /&gt;
&lt;br /&gt;
====643.2.8.1.6 Private Service Lines====&lt;br /&gt;
While most utility owners reconnect the private service lines at no cost to the property owner, some do not. If a utility owner does not reconnect service lines, MoDOT can include adjustment of private service lines in roadway contracts. Bid items for relocating service connections are provided for the different types of anticipated adjustments.&lt;br /&gt;
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====643.2.8.1.7 Second Moves====&lt;br /&gt;
If the Commission requires additional work to a utility facility after the facility has been relocated or adjusted in accordance with a plan of adjustment approved by the Commission for a single project number, the Commission is responsible for the cost of the additional work regardless of whether the initial adjustment was Commission responsibility as outlined in other parts of [[643.2_Local_Utility_Adjustments_-_Public_and_Private#643.2.8.1_Federalizing_Funds_for_Preliminary_Engineering|643.2.8.1]].&lt;br /&gt;
&lt;br /&gt;
The purpose of the policy is to encourage utilities to relocate early rather than waiting until plans are published for bidding. The policy eliminates the utility having to relocate twice at its own expense because of late changes in the design. It is best to have utilities relocated prior to construction, and this policy helps achieve that goal. Therefore, it is imperative that the designer notifies district utilities staff as soon as possible of any changes made after these plans have been sent. If notified immediately, it may be possible to inform the utility owner prior to their final design thereby eliminating a second move.&lt;br /&gt;
&lt;br /&gt;
Under this policy, the following are not considered second moves. Temporary and staged relocations necessary to accommodate construction and agreed upon by the utility and the Commission prior to relocation are considered a single move and are not subject to the provisions of the second move policy. If the Commission requires adjustment of a utility facility for which the utility owner is responsible for the cost of the adjustment and was originally determined to not need adjustment, the utility owner is responsible for the cost of the adjustment. The utility owner is responsible for the cost of additional work to any portion of the utility facility after the utility facility has been adjusted in accordance with a plan of adjustment approved by the Commission if the additional work is required by the Commission due to error by the utility owner in preparation of plan of adjustment, field location of, or construction of the adjustment of the utility facility.&lt;br /&gt;
&lt;br /&gt;
When evaluating construction contract changes by change order or value engineering, the impacts of the second move policy should be considered.&lt;br /&gt;
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===643.2.8.2 Utility Owner Responsibility===&lt;br /&gt;
====643.2.8.2.1 Utility Facilities Owned and Operated by a Political Subdivision====&lt;br /&gt;
When a utility facility is located within Commission right of way, but does not have prior land rights, the utility owner is responsible for the cost of the necessary adjustments to allow highway construction. When a utility facility is located on public right of way other than Commission right of way, the utility owner is responsible for the cost of the necessary adjustments to allow highway construction.&lt;br /&gt;
&lt;br /&gt;
When a political subdivision must bear part or all the cost of adjustments to their utility facilities, and the cost creates a financial hardship, the Commission, by its authorized representative, the Chief Engineer, may temporarily assume these costs. A payback agreement with the political subdivision will include an applicable interest rate for a comparable maturity from a widely published index of tax-exempt municipal rates obtained from Financial Services. Payback time will not exceed five (5) years.&lt;br /&gt;
&lt;br /&gt;
====643.2.8.2.2 Utility Facilities Other Than Those Owned by a Political Subdivision====&lt;br /&gt;
When a utility facility is on the right of way of a public road or street or on state highway right of way without prior land rights and adjustment is necessary to allow for the construction of a roadway improvement, the utility owner is responsible for the cost of the necessary adjustments to allow highway construction.&lt;br /&gt;
&lt;br /&gt;
===643.2.8.3 Shared Responsibility===&lt;br /&gt;
When a utility facility is located such that portions of it are a Commission responsibility and portions of it are a utility owner responsibility by the definitions above, the costs of the necessary adjustments to allow highway construction will be split by the Commission and the utility owner. If the exact cost for each party can be determined, each party will be responsible for their portion of the cost of relocating the utility facility. If the exact cost for each party cannot be determined, the parties will arrive at a percentage reimbursement on an equitable basis.&lt;br /&gt;
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===643.2.8.4 Notice of Hearing===&lt;br /&gt;
When relocation or other difficulties with utility facilities on public right of way arise that prevent resolution by negotiation, formal hearings will be required.&lt;br /&gt;
&lt;br /&gt;
The district initiates a request for a utility relocation hearing with a letter to the Chief Counsel’s Office (CCO) (a copy is provided to the Design Division) requesting a hearing date. CCO will arrange for a hearing room, court reporter, etc. and advise the district of the hearing date.&lt;br /&gt;
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The district will prepare the notice of hearing by strictly following the given format and serve the notice on all persons and utility owners listed. The property and utility owner must be served only by personal service or by mailing a certified letter, return receipt requested, no later than 15 days before the date of hearing. This will require the district to make every effort to identify the correct property owner before preparing the notice of hearing. To avoid delays, every attempt will be made to issue the hearing notice at least 30 days prior to the hearing date in case any property has changed ownership and any additional property owners must be served. A notice of hearing on service line connections will also be served on the private or public owner of the main or distribution line to which the service lines are connected. A notarized &amp;quot;Report of Personal Service&amp;quot; will be completed when notification by certified mail is not used.&lt;br /&gt;
&lt;br /&gt;
One copy of the hearing notice and attachments, &amp;quot;Report of Personal Service&amp;quot; and certified mail notices are to be submitted to CCO after notification is complete.&lt;br /&gt;
&lt;br /&gt;
Prior to the hearing, the district&#039;s representative will become familiar with the details of the utility adjustment in order to provide concise testimony to expedite the hearing process. CCO will assign an attorney to work with the district and present the case.&lt;br /&gt;
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Refer to 7 CSR 10-3.030 020 Utility Relocation Hearings for additional information.&lt;br /&gt;
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A Waiver of Hearing should be obtained for non-reimbursable adjustments to document the commitment of the utility owner to adjust its utility facilities without adversely impacting the highway construction project. This may be accomplished informally via written communications between the district utilities staff and the utility owner’s representative. A [https://epg.modot.org/forms/general_files/DE/WaiverOfHearingForm.docx formal Waiver of Hearing statement] may be requested by either MoDOT or the utility owner. A [https://epg.modot.org/forms/general_files/DE/WaiverOfHearingLetter.docx sample transmittal letter for the Waiver of Hearing] is available. For reimbursable or partially reimbursable adjustments, the formal agreement serves as the basis of documentation of this commitment.&lt;br /&gt;
&lt;br /&gt;
==643.2.9 Estimates==&lt;br /&gt;
District utilities staff will negotiate with utility owners to determine reimbursable costs of the necessary adjustments to allow highway construction ([[#643.2.8_Cost_Responsibility|EPG 643.2.8 Cost Responsibility]]). These estimates are prepared in accordance with the provisions of 23 CFR 645 and any amendment thereto. These estimates must reflect the same procedures and costs used by the utility owners in their normal operations and must also accurately represent the expected costs of the work. The utility owner’s estimate will be reviewed by the district utilities staff to ensure compliance with 23 CFR 645.&lt;br /&gt;
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===643.2.9.1 Independent Cost Estimate===&lt;br /&gt;
The independent cost estimate provides the basis for district utilities staff to review the utility owner’s estimate of costs of the necessary utility adjustments to allow highway construction and any subsequent negotiations with the utility owner. The district utilities staff should prepare an independent cost estimate. The independent cost estimate may be based on unit prices of anticipated items of work in a utility adjustment necessary to allow highway construction. The independent cost estimate alternately may be based on recent similar types of utility adjustments necessary to allow highway construction and scaled for size. Consultants can be used to develop the independent cost estimate. All documentation of the independent cost estimate should be placed in MoProjects.&lt;br /&gt;
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===643.2.9.2 Type of Project Cost Estimates===&lt;br /&gt;
Either Actual Cost or Lump Sum estimates may be used for estimating the costs on the necessary utility adjustments to allow highway construction. If an Actual Cost estimate is used, detailed records of materials, labor, and equipment are made by district utilities and/or construction staff during construction, and a final audit of the utility owner’s cost records is made to determine the Commission’s actual responsibility for costs of the adjustment completed to allow highway construction. If a Lump Sum estimate is used, a final audit of costs for an adjustment in payment is not required. The Actual Cost method requires more detailed record keeping and documentation by the utility owner and district staff during construction. The Lump Sum method requires more upfront detail and work by the utility owner and judgment on the district utilities staff on the acceptability of the cost. The district utilities staff will work with the utility owner’s representative to determine the best type of estimate and therefore agreement to use.&lt;br /&gt;
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====643.2.9.2.1 Actual Cost Estimate====&lt;br /&gt;
The cost estimate that supports the actual cost agreement is prepared in sufficient detail to determine the reasonable expected cost of the work to support development of an agreement between the utility owner and the Commission. However, reimbursement is based on the actual costs of design and construction of the necessary adjustment to allow highway construction. The actual cost estimate should detail all costs of the necessary adjustment to allow highway construction, even if the Commission is only responsible for a portion of the costs as detailed in EPG [[#643.2.8.3_Shared_Responsibility|643.2.8.3 Shared Responsibility]].&lt;br /&gt;
&lt;br /&gt;
Actual cost estimates can be used for any dollar amount of reimbursement.&lt;br /&gt;
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====643.2.9.2.2 Lump Sum Estimates====&lt;br /&gt;
The cost estimate that supports the lump sum agreement must be accurate, comprehensive, verifiable, and in sufficient detail to present a clear picture of the work involved and the cost of the individual items. The estimate may cover only that portion of the adjustment for which the Commission is responsible for the costs of the necessary utility adjustments to allow highway construction.&lt;br /&gt;
Lump sum estimates are limited to a maximum of $200,000 of Commission responsibility of costs of the necessary utility adjustments to allow highway construction; however, exceptions may be made for special situations that have prior approval from Design Division. These exceptions usually cover major relocations for which the Commission&#039;s proportionate responsibility is extremely small.&lt;br /&gt;
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===643.2.9.3 Utility Cost Estimate Requirements===&lt;br /&gt;
Whether using an Actual Cost or Lump Sum estimate, the following should be included in the estimate, if applicable. If any of the following sections are not included in the estimate, a qualifying statement as to why the costs were not included should be provided.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.1 Scope of Work====&lt;br /&gt;
All estimates require a concise summary of the work to be performed on the estimate. An example is &amp;quot;an estimate of cost covering the work of relocating Company&#039;s 12-inch Cushing-Woodriver pipeline to accommodate construction of Route 47 in Franklin County on Job No. J6P0172&amp;quot;.&lt;br /&gt;
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====643.2.9.3.2 Engineering Costs====&lt;br /&gt;
Costs of engineering, whether preliminary or construction, must be shown as separate items and are not to be included with &amp;quot;labor costs&amp;quot;. Concurrent cost accounting procedures of FHWA and MoDOT make this a necessity. See [[#643.2.6_Preliminary_Engineering_Requirements|EPG 643.2.6 Preliminary Engineering]] and [[#643.2.16.2_Construction_Contract_Requirements|EPG 643.2.16.2 Construction Contract Requirements]] for further information.&lt;br /&gt;
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====643.2.9.3.3 Right of Way Costs====&lt;br /&gt;
A detailed estimate of the cost to acquire replacement easements by the utility owner is required. The cost should be supported by a right of way plan.&lt;br /&gt;
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====643.2.9.3.4 Material Costs====&lt;br /&gt;
Quantities, description of the item, the unit cost, and the extended totals are shown. Percentage computations will be shown immediately following &amp;quot;total cost&amp;quot; so the utility owner’s and Commission&#039;s cost obligations are properly indicated. Unit assembly costs similar to those used by several of the rural electric association (R.E.A.) cooperatives are acceptable, provided the same units and charges are used in the utility owner’s regular operations. A handling charge conforming with the utility owner’s regular procedures may also be included.&lt;br /&gt;
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====643.2.9.3.5 Labor Costs====&lt;br /&gt;
Hours, individual or crew rates, and extended totals are shown. Payroll additives such as insurance, retirement, social security, vacation, and other benefits are shown as a separate item under this heading in accordance with utility owner’s regular procedures. Adequate explanation must be given for total percentage used, especially in those cases where materials and labor are combined as unit costs or where labor percentages include additives and equipment requirements.&lt;br /&gt;
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====643.2.9.3.6 Equipment Costs====&lt;br /&gt;
A description of the equipment to be used must be shown jointly with the number of hours to be charged. Rates charged for equipment usage must be justified by the utility owner’s established accounting procedures. When the utility owner does not have an established accounting procedure or a capitalization and depreciation schedule that is used in its own operations, the rates are to be established by using rental rate publications as a guide. A reasonable amount will be deducted, when using rental rate schedules, for profit that the rental company realizes. A full explanation of the methods used in establishing the rates must also be submitted to support the utility owner’s request and with approval of the district utilities staff.&lt;br /&gt;
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Equipment may be rented when the utility owner’s equipment is not available or is inadequate, with the rental rate justified by appropriate solicitation of bids. See [[#643.2.16.2_Construction_Contract_Requirements||EPG 643.16.2 Construction Contract Requirements]] for further information.&lt;br /&gt;
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Unusual accounting procedures may be accepted with adequate prior explanations and approval of the Design Division.&lt;br /&gt;
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====643.2.9.3.7 Removal Costs====&lt;br /&gt;
These costs are estimated and shown in a similar method but separately from installation costs. When removal costs exceed salvage credits by more than the estimated cost of removal by the roadway contractor, an effort should be made to persuade the utility owner to abandon the utility facilities in place. An exception is made when the utility owner is required to remove abandoned utility facilities because of liability, hazard, or by specific agreement with the Commission. Abandoned utility facilities can be included with the miscellaneous removals in the roadway contract. It may be possible for the utility owner to remove those portions of the utility facility for which credits will exceed removal costs, with the remainder of the utility facility to be abandoned for removal in the roadway contract. Materials removed must be itemized, with the utility owner’s customary salvage credit given. Items to be scrapped or junked should be indicated. Whenever a utility facility or portion thereof is shown to be abandoned on the plan of adjustment, the roadway plans should be notated accordingly. This eliminates ownership problems if these utility facilities are removed or salvaged by the roadway contractor.&lt;br /&gt;
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When the utility facility is no longer needed and removal is necessary to accommodate the roadway project, the removal of the item may be handled either as a right-of way-item or a utility adjustment. When handled as a right of way item, the damages allowed are to equal the depreciated value of the utility facility, with the necessary removals being accomplished by the roadway contractor. If accomplished as a utility adjustment, the Commission, by utility agreement, will reimburse the utility owner for removal costs and receive salvage credit for the material removed, up to but not exceeding removal costs.&lt;br /&gt;
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====643.2.9.3.8 Salvage of Removed Materials====&lt;br /&gt;
This statement, to explain the salvage credit or lack of credit, will reflect routine utility owner policy as well as the particular situation. The utility owner will place a value on any recovered material for salvage. District utilities staff should check this value for reasonableness. Examples of salvage statements include:&lt;br /&gt;
* Existing utility facilities to be abandoned in place, since the cost of salvaging, based on our past experience, will exceed their value.&lt;br /&gt;
* Only those items will be salvaged for which salvage credit will exceed the cost of removal and salvage.&lt;br /&gt;
* Company liability requires removal of the retired utility facilities, even though the cost of removal will exceed allowable credit for salvage.&lt;br /&gt;
* Salvage credits are in accordance with established company accounting procedures.&lt;br /&gt;
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====643.2.9.3.9 Accrued Depreciation Credits====&lt;br /&gt;
Credit is required for the accrued depreciation of a utility facility that is being replaced. Examples are a building, structure, pumping station, filtration plant, power plant, substation, or other similar operational unit. Credit for accrued depreciation will not be required for a segment of the utility&#039;s service, distribution, or transmission lines. It is also not required when the building or structure is being moved as necessitated by the highway project. Acceptable accrued depreciation credit will be determined by using the following formula:&lt;br /&gt;
&amp;lt;math&amp;gt;\frac{\text{Actual Length of Service of Replaced Facility (Years)}}{\text{Total Estimated Service Life of Replaced Facility (Years)}} x&amp;lt;/math&amp;gt;&amp;lt;span style=&amp;quot;font-family: &#039;Times New Roman&#039;, Times, serif; font-size: 130%;&amp;quot;&amp;gt; Original Cost ($) = Credit ($)&amp;lt;/span&amp;gt;&lt;br /&gt;
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====643.2.9.3.10 Betterment Credits====&lt;br /&gt;
Betterment means the upgrading of the utility facility being relocated, made solely for the benefit of and at the election of the utility owner and is not attributable to the roadway improvement. Credit to the Commission is required for the additional costs incurred for the betterments introduced in the adjusted utility facility. No betterment credit is required for additions or improvements which are:&lt;br /&gt;
* Required by the highway project&lt;br /&gt;
* Replacement devices or materials that are of equivalent standards although not identical&lt;br /&gt;
* Replacement of devices or materials no longer regularly manufactured with next highest grade or size&lt;br /&gt;
* Required by law under governmental and appropriate regulatory commission code&lt;br /&gt;
* Required by current design practices regularly followed by the utility owner in its own work, and there is a direct benefit to the highway project&lt;br /&gt;
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====643.2.9.3.11 Overhead Costs====&lt;br /&gt;
Overhead costs are usually a percentage of the total labor cost. This item must be in accordance with the utility owner’s established accounting procedures, which in some cases may include handling costs or be a percentage of the total cost of the work involved. Additional attention to overhead costs is required when the rate is different from previously accepted rates. Occasionally, it can be difficult to obtain the necessary information at the time of the estimate to approve the overhead rates. In this situation, the estimate can be approved with exception of the overhead rates for payment. The utility owner is informed of this matter with the understanding that the overhead rates could be approved and paid with submission of appropriate supporting data and Financial Services audit review.&lt;br /&gt;
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====643.2.9.3.12 Prorating Costs====&lt;br /&gt;
The need for prorating utility adjustment costs occurs when both the Commission and the utility owner are responsible for a portion of the utility adjustment necessary to allow for highway construction, and the actual costs for reimbursement in each category cannot be explicitly determined. Generally, the following conditions require division of costs:&lt;br /&gt;
* The adjustment is considered partially reimbursable per [[#643.2.8.3_Shared_Responsibility|EPG 643.2.8.3 Shared Responsibility]]&lt;br /&gt;
* Betterments are included in the necessary adjustment of the utility facility&lt;br /&gt;
&lt;br /&gt;
The district utilities staff should negotiate with the utility owner’s representative to determine an equitable basis for the prorating of costs based on the characteristics of the utility adjustment necessary to allow for highway construction.&lt;br /&gt;
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====643.2.9.3.13 Costs Records====&lt;br /&gt;
The estimate should include a statement as to where the utility owner’s cost records may be reviewed. An example: &amp;quot;Company cost records will be available in our office at 2134 Industrial Avenue, Tulsa, Oklahoma&amp;quot;.&lt;br /&gt;
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====643.2.9.3.14 Other====&lt;br /&gt;
Additional statements will explain or further clarify the work that is included. Such other items may include bypasses, special equipment, need for larger utility facilities, etc.&lt;br /&gt;
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==643.2.10 Schedule==&lt;br /&gt;
Timely adjustments of utility facilities are essential for efficient completion of highway construction projects. Ideally, all utility adjustments are completed prior to a project’s Plans, Specifications, and Estimate (PS&amp;amp;E) submittal to Central Office. Depending on the specifics of the highway construction and utility adjustment necessary, early completion of the utility adjustment may not be practical. The district utilities staff should negotiate with the utility owner to determine the schedule parameters necessary for the utility adjustment. At a minimum, the utility owner should document the dates it anticipates starting and completing the work. If a utility adjustment depends upon the completion of a portion of the highway construction, the necessary milestone for starting the utility adjustment should be documented along with an anticipated number of working days to complete the utility adjustment. The schedule is included as Exhibit “C” to the agreement.&lt;br /&gt;
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==643.2.11 Pre-Audits==&lt;br /&gt;
The district utility staff performs a pre-audit review and approval prior to preparation of the agreement. A [https://epg.modot.org/forms/general_files/DE/PreAuditChecklist.docx pre-audit checklist] should be completed and saved in MoProjects.&lt;br /&gt;
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==643.2.12 Utility Agreements==&lt;br /&gt;
Whenever the Commission is responsible for the cost of the necessary adjustments to allow highway construction, an agreement is required. If a Master Reimbursable Utility Agreement (see [[#643.2.12.2_Master_Reimbursable_Utility_Agreements|EPG 643.2.12.2]]) has not been executed with the utility owner, a Project Specific Agreement (see [[#643.2.12.3_Project_Specific_Agreements|EPG 643.2.12.3]]) is executed between the utility owner and the Commission. In some cases, it may be more practical for the Commission to include adjustment of utilities into a Commission administered contract. A Utility Agreement - Actual Cost (For Utility Work That is to be Included in the Missouri Highways and Transportation Commission&#039;s Road Project) (see [[#643.2.12.4_Agreement_for_Utility_Work_Included_in_Roadway_Improvement_Project|EPG 643.2.12.4]]). Agreements include a plan of adjustment (Exhibit “A”), cost estimate (Exhibit “B”), and schedule (Exhibit “C”).&lt;br /&gt;
&lt;br /&gt;
The Utility Agreement boilerplate forms have been approved by the Chief Counsel’s Office (CCO). They are identified in the upper left-hand corner of each agreement by an identifier such as CCO Form: UT01 for the Master Reimbursable Utility Agreement. CCO updates these agreements as necessary. They serve as a guide in the preparation of the agreement to be executed with the utility owner for the adjustments required to their utility facilities to accommodate the proposed roadway improvement project. District utilities staff should use the latest version of the agreement found in [https://netprod3.dot.missouri/eAgreements/Search/QuickSearch eAgreements] in drafting an agreement with utility owners. A list of utility agreements and detailed information concerning the sequence for preparing and executing an agreement is available in EPG [[:Category:153_Agreements_and_Contracts|153 Agreements and Contracts]].&lt;br /&gt;
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These forms are to be used word for word. Revisions or additions are only made to address specific project details. The intent of each paragraph must be retained, although specific words may be revised to fit the particular situation. No paragraphs are deleted without prior approval from CCO. For guidance on acceptance of liability, refer to the [[:Category:153_Agreements_and_Contracts#153.1.1.2_Acceptance_of_Liability_Policy_(MoDOT_Access_Only)|Acceptance of Liability Policy]] at the CCO SharePoint page. Drafts of agreements having major revisions or complications are to be submitted, with supporting data, to Design Division for comment and approval.&lt;br /&gt;
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A reference to 23 CFR 645 is included in all agreements. Utility owners must be acquainted with these requirements and procedures. The incorporation of 23 CFR 645 by reference in all agreements eliminates the need for a second set of regulations to be included in the document.&lt;br /&gt;
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The agreement for the adjustment of a utility is prepared by the district utilities staff and submitted to the utility owner for execution. The agreement is based on the plan, estimate of cost which was prepared in accordance with 23 CFR 645, and schedule. Authorized individuals representing the utility owner will execute the agreement. The agreement must be signed, sealed, and if necessary, notarized by the utility owner. If the utility owner does not have or use a corporate seal, write &amp;quot;NO SEAL&amp;quot; under the signatures of the owner’s officers. Agreements with political subdivisions are to be supported by an appropriate ordinance, a copy of which is to be submitted with the executed agreements. All copies will be forwarded to the CCO for further handling. A fully executed copy of the agreement will be retained in eAgreements. If the agreement was executed using electronic signatures, the district utilities staff should forward an electronic copy of the fully executed agreement to the utility owner. If the agreement was executed using wet signatures, one (1) paper copy of the fully executed agreement will be returned by the Commission Secretary’s Office to the district utilities staff. The district utilities staff will forward this copy to the utility owner.&lt;br /&gt;
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===643.2.12.1 Buy America Build America Requirements===&lt;br /&gt;
All agreements contain information on Buy America Build America (BABA) compliance. The utility owner should select the method of certification (See [[#643.2.19_Buy_America_Build_America_for_Utilities|EPG 643.2.19]]) at the time of agreement completion. The appropriate paragraph will be inserted into the agreement. All BABA compliance documents must be retained by the utility owner and made available upon request at no cost to the Commission and/or FHWA.&lt;br /&gt;
&lt;br /&gt;
====643.2.12.1.1 Utility Owner Self-Certification====&lt;br /&gt;
The City/Company certifies that when determining products/materials subject to Buy America Build America requirements to use in the performance of this Agreement, it shall use only such products/materials for which it has received a certification from its supplier, or provider of construction services that procures the product/material, certifying compliance with Buy America Build America requirements. This does not include products/materials for which waivers have been granted pursuant to 23 CFR 635.410. The City/Company will not be required to provide the Commission copies of the supplier certification as part of this Agreement or with the final invoice of said Commission’s Federal-Aid Highway Construction Project.&lt;br /&gt;
&lt;br /&gt;
====643.2.12.1.2 Vendor/Manufacturer Certification====&lt;br /&gt;
The City/Company certifies that when determining products/materials subject to Buy America Build America requirements to use in the performance of this Agreement, it shall use only such products/materials for which it has received a certification from its supplier, or provider of construction services that procures the product/material, certifying compliance with Buy America Build America requirements. This does not include products/materials for which waivers have been granted pursuant to 23 CFR 635.410. The City/Company shall provide to the Commission all Buy America compliance documents as outlined in the Commission’s Engineering Policy Guide 643. All required compliance documents shall accompany the final invoice submitted to the Commission.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.2 Master Reimbursable Utility Agreements===&lt;br /&gt;
The UT01: Master Reimbursable Utility Agreement (MRUA) is a statewide agreement that has been executed by the utility owner and the Commission for all future reimbursable utility adjustments between both parties. Once a MRUA is executed, no other utility agreements are required on design-bid-build projects. The district utilities staff should encourage utility owners to enter into a MRUA with the Commission to reduce potential future delays in executing a project specific agreement. A list of previously executed [https://modotgov.sharepoint.com/sites/DE/Utilities/Agreements/MRUA%20-%20Existing?csf=1&amp;amp;web=1&amp;amp;e=4LJHoa Master Reimbursable Utility Agreements (Modot Access Only)] is available. District utilities staff should add newly executed agreements to this list. The MRUA can be employed as either an actual cost ([[#643.2.12.3.1_Actual_Cost_Agreements|EPG 643.2.12.3.1]]) or lump sum ([[#643.2.12.3.2_Lump_Sum_Agreements|EPG 643.2.12.3.2]]) agreement. When the reimbursable adjustment will utilize a MRUA, the district utilities staff will prepare a MRUA correspondence letter (“letter agreement”) referencing the executed MRUA. A copy of the MRUA correspondence letter should be saved in MoProjects for reference by Financial Services, the district construction office, and the district staff responsible for inspection of utility adjustments. All project specific items such as type of agreement (actual cost or lump sum), plan of adjustment, estimated total cost, cost allocation, and schedule are addressed in the MRUA correspondence letter from the district utilities staff to the utility owner. A flowchart of the MRUA process is available.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.3 Project Specific Agreements===&lt;br /&gt;
If a utility owner does not have a MRUA with the Commission, a project specific agreement will be required for every project for which the Commission is responsible for the necessary adjustments to allow highway construction. The project specific agreement will be either an actual cost (EPG 643.2.12.3.1) or lump sum (EPG 643.2.12.3.2) agreement.&lt;br /&gt;
&lt;br /&gt;
====643.2.12.3.1 Actual Cost Agreements====&lt;br /&gt;
The UT03: Utility Agreement – Actual Cost is used when detailed estimates are not practical or costs appear to be questionable. Details on actual cost estimates can be found at EPG 643.2.9.2.1 Actual Cost Estimates. Once the final invoice on a UT03 is submitted to Financial Services, district utilities staff should change the status on the agreement in eAgreements to completed.&lt;br /&gt;
&lt;br /&gt;
====643.2.12.3.2 Lump Sum Agreements====&lt;br /&gt;
The UT02: Utility Agreement – Lump Sum eliminates the need for keeping detailed records of cost and the auditing of cost records. Estimates of cost must be prepared in detail for use of this agreement. When detailed estimates are not practical or costs appear unreasonable, actual cost agreements are to be used. Use of special forms of agreements, such as &amp;quot;subordination agreements&amp;quot;, which are desired by certain utility owners, is acceptable. These, too, must be revised to cover the particular situation. Details on lump sum estimates can be found at EPG 643.2.9.2.2 Lump Sum Estimates. Once the final invoice on a UT02 is submitted to Financial Services, district utilities staff should change the status on the agreement in eAgreements to “completed”.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.4 Agreement for Utility Work Included in Roadway Improvement Project===&lt;br /&gt;
The UT04: Utility Agreement - Actual Cost (For Utility Work That is to be Included in the Missouri Highways and Transportation Commission&#039;s Road Project) allows for the adjustment to be based on actual cost with the roadway contractor performing the utility work. Caution should be exercised in the type of utilities to be relocated in roadway contracts. Utilities recommended are waterlines and sewer lines. Other utilities, such as gas lines, communication lines, and power lines are to be studied thoroughly before being included in the project.&lt;br /&gt;
&lt;br /&gt;
The Transportation Project Manager and district utilities staff must plan ahead to get this work in the roadway contract. The utility owner must agree to include the utility adjustment in the roadway contract. The adjustment may be on highway right of way or on private easement in the name of the utility owner. The utility owner can agree to allow MoDOT’s contractor to work in its easement. However, district utilities staff in consultation with district right of way staff should review the easement documentation to verify the utility owner’s rights to the easement and any limitations on its use. MoDOT’s contractor can work and operate on both Commission right of way and on the utility easement, even when not directly connected to the Commission right of way, as part of the job site. Temporary construction easements may be necessary in addition to the utility easement to ensure adequate working room for the contractor.&lt;br /&gt;
&lt;br /&gt;
:The utility owner may request exemption to any liability for negligence of our contractor working on their easement. The Commission can assume that liability (refer to Acceptance of Liability Policy), but it should be included in the utility agreement if so desired by the utility owner. A Job Special Provision is necessary to require the MoDOT contractor to hold the utility harmless from all claims due to contractor negligence.&lt;br /&gt;
&lt;br /&gt;
Subsurface information, i.e. boring data, etc., should be obtained by the utility owner since it may be needed for the design of the utility adjustment. This information should be included in the plans. If the utility owner must bear all or part of the cost of the adjustment, the utility owner must agree to pay a pre-deposit to the Commission prior to opening bids on the project. This should be in the utility agreement. The pre-deposit will be credited to the &amp;quot;Missouri Highway and Transportation Commission - Local Fund.&amp;quot; Any interest earned in the fund will apply to the cost of the adjustments. The utility agreement will include language that the utility will inspect the installation and assume maintenance of the utility facility after construction. MoDOT will also provide engineering supervision to be sure the road contractor is in compliance with the contract. Utility plans and specifications are to be approved by the owner prior to submittal to the Central Office. The following items will provide minimum information to allow MoDOT’s contractor to bid the work.&lt;br /&gt;
# Individual bid items (not &amp;quot;lump sum&amp;quot;) should be established to promote better bidding and to handle overruns and underruns. Bid items not included on the Computer Stored Bid Item list should be &amp;quot;99&amp;quot; numbers.&lt;br /&gt;
# he bid package must be in our letting format. If the package was prepared by a consultant as if the utility owner were going to let it, all bid bond or bidding procedures must be screened to remove requirements contrary to MoDOT letting requirements. District utilities staff should work with the Transportation Project Manager, Design Liaison Engineer, and Central Office Bidding and Contract Services to ensure this requirement is met.&lt;br /&gt;
# The specifications required by the utility owner should be reviewed for items that could cause a bid problem for our contractor. Items such as non-readily available materials or sizes should be avoided.&lt;br /&gt;
# Utility plan sheets should be .pdf files equivalent to 22 in. x 34 in. It is helpful to have a quantity sheet specifically for utility items.&lt;br /&gt;
# Any special procedures required for the utility installation should be included in the Job Special Provisions.&lt;br /&gt;
# The utility package should be submitted on-time to Central Office with other project plans.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.5 Agreement for a Utility Only Project===&lt;br /&gt;
Any of the above agreements can be modified for a utility only project separate from the roadway project. The utility only project may be done by forces hired by the utility owner or by the Commission. A separate utility only project has distinct advantages when the following occurs:&lt;br /&gt;
* The utility work is extensive&lt;br /&gt;
* It must be performed in accordance with the utility owner’s seasonal requirements&lt;br /&gt;
* It extends beyond the limits of the construction project&lt;br /&gt;
* It must be performed considerably in advance of the roadway contract&lt;br /&gt;
&lt;br /&gt;
Necessary environmental and design work is still required for the limits of the separate utility only project. It may be necessary in these cases to have a second agreement with the utility owner to cover any other work that must be performed concurrently with the roadway contract. These latter agreements will use the roadway construction job number. Early need for utility projects is to be determined at the time when the STIP is updated each year. The utility construction funds will be shown in the year right of way funds are assigned. This will be done whenever possible to secure early adjustment of utility facilities. A request by the district is sent to the Planning Division. Estimated dollar amounts for utility adjustments are needed. These are estimates and do not need to be extremely accurate. When a special utility project is established, it is preferred, if at all possible, to include all the utility adjustments necessary for the entire roadway project. If funds are available, additional agreements can be added to this utility project until the final invoice for the first completed agreement is received for payment.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.6 Supplemental Agreements===&lt;br /&gt;
For utility owners with a UT01 agreement, a supplemental letter agreement documenting the change in the scope or cost of the work is acceptable.&lt;br /&gt;
&lt;br /&gt;
The UT05: First Supplemental Agreement is used to document changes to UT02 and UT03 agreements. If changes to the scope of work occur that are anticipated to exceed $100,000 or 15% of the original agreement, a UT05 is required. If the final invoice on an actual cost adjustment without changes in the scope of work exceeds the limits shown in the table below, a UT05 is required.&lt;br /&gt;
&lt;br /&gt;
{| class=&amp;quot;wikitable&amp;quot; style=&amp;quot;margin-left: 25px; text-align:center&amp;quot;&lt;br /&gt;
! Amount in Original Actual Agreement !! Final Bill Total Exceeds Original Amount by:&lt;br /&gt;
|-&lt;br /&gt;
| 0-$25,000 || 50%&lt;br /&gt;
|-&lt;br /&gt;
| $25,000-$100,000 || 40%&lt;br /&gt;
|-	&lt;br /&gt;
| Exceeds $100,000 || 30%&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
Should multiple UT05s be required with the same utility owner, the UT05 should be modified for additional supplemental agreements. Once the final invoice on an UT05 is submitted to Financial Services, district utilities staff should change the status on the agreement in eAgreements to “completed”.&lt;br /&gt;
&lt;br /&gt;
==643.2.13 Utility Adjustments in Roadway Plans and Job Special Provisions (JSPs)==&lt;br /&gt;
It is the responsibility of the MoDOT Transportation Project Manager (TPM) to ensure utility plans of adjustment are shown on the project plans at the Plan, Specification, and Estimate (PS&amp;amp;E) stage based upon information coordinated by the district utilities staff with the appropriate utility owner.&lt;br /&gt;
&lt;br /&gt;
===643.2.13.1 Plans===&lt;br /&gt;
A legend showing all applicable utility symbols and the names of the utility owners is shown on the first special utility sheet. In the absence of special utility sheets, this information may be shown on the title sheet or the first plan and profile sheet. The following note is required to be placed on the title sheet or the first plan and profile sheet and the first special utility sheet (if used) to inform contractors of the suitability of the utility information contained on the plans.&lt;br /&gt;
&lt;br /&gt;
&amp;quot;The existence and approximate location of utility facilities known to exist, as shown on the plans, are based on the best information available to the Commission at this time. This information is provided by the Commission &amp;quot;as-is&amp;quot; and the Commission expressly disclaims any representation or warranty as to the completeness, accuracy, or suitability of the information for any use. Reliance upon this information is done at the risk and peril of the user, and the Commission shall not be liable for any damages that may arise from any error in the information&amp;quot;.&lt;br /&gt;
&lt;br /&gt;
===643.2.13.2 Job Special Provisions===&lt;br /&gt;
Since the addition of utility information on the plans, supplied by a third party, could subject the Missouri Highway and Transportation Commission to additional liability, a Utility JSP reflecting the status of utility adjustments will be required. The JSP will include the name, address, e-mail address, and telephone number of all utility owner representatives for all utility facilities located on the project. The anticipated adjustment completion date for each utility adjustment is also to be shown based on the agreed upon dates, durations, or completion dates with the utility owner’s representative. This information will inform the bidder of the status of utilities for proper work coordination that could affect the bids for the proposed highway construction project. Status notations will include general notations such as: “N/A”, “Work is in progress”, “Work has not started”, “Work is complete”, and “Work is included in contract.”&lt;br /&gt;
&lt;br /&gt;
===643.2.13.3 PS&amp;amp;E Submittal===&lt;br /&gt;
In the District Final Plans Submittal Checklist (D-12), the TPM should note any issues related to existing utility facilities or the adjustment of utility facilities either shown or not shown on the plans. Projects with “No Utility Impacts” such as some overlays, striping, bridge washing, etc. do not need a Utility Status Letter or Utility JSP. The D-12 is used for these projects. In the D-12, under Project Details – “Utilities”, the note “NO” is selected and under “Status”, select “Clear”. For all other projects, the district utilities staff will write a Utility Status Letter. The TPM will include the Utility Status Letter with the submittal of the final plans to the Design Division. The Utility Status will be defined as:&lt;br /&gt;
# Utility facilities are present, but no conflict is anticipated with the highway construction project. Or,&lt;br /&gt;
# All utility facilities requiring adjustment to allow highway construction have been physically adjusted on the project. Or,&lt;br /&gt;
# Utility construction work is planned or active and will be completed to such a point that no impact will be expected to the highway construction project. The status of this work is defined in the utility JSP. Or,&lt;br /&gt;
# Utility facilities are not expected to be adjusted by the notice to proceed date for the road project, but the utility work will have no impact on the progress of the highway construction project. The status of this work is defined in the utility JSP. Or,&lt;br /&gt;
# Utility facilities must be adjusted after the road contractor completes stage construction or in coordination with the contractors’ work. Details of the coordination effort required of the contractor are defined in the utility JSP to properly advise bidders. Or,&lt;br /&gt;
&lt;br /&gt;
# Utility adjustment plans and specifications are included in the bid documents for the highway construction project. A UT04 agreement must be executed.&lt;br /&gt;
&lt;br /&gt;
==643.2.14 Payment to Utility Companies for Reimbursable Work==&lt;br /&gt;
Authorization and federal funding obligation must be approved prior to incurring costs. This applies to all types of work on utility facilities including preliminary engineering. An obligation is a commitment by the federal government to reimburse MoDOT for the federal share of a project’s eligible cost.&lt;br /&gt;
&lt;br /&gt;
===643.2.14.1 Obligation Process===&lt;br /&gt;
Federal funding can be used with both lump sum and actual cost agreements. After the utility agreement is fully executed, the district utilities staff will email a copy of the utility agreement or the letter agreement referencing the MRUA to the email group OBLIGATE. This email should request the authorization authority for use of federal funds and to be informed of a Notice to Proceed (NTP) (see EPG 643.2.15) date by Financial Services once federal funding has been obligated. District utilities staff should allow three (3) weeks to receive the NTP. Financial Services will use Advance Construction (AC) funding to fund reimbursement to utility owners. With AC funding, state funds initially are used to pay for reimbursement to utility owners. Once construction is complete, with appropriate documentation of the work via the C-9 and C-13, Financial Services will convert to federal funding.&lt;br /&gt;
&lt;br /&gt;
===643.2.14.2 Preliminary Engineering===&lt;br /&gt;
On occasion, preliminary engineering (PE) may need to be undertaken by the utility owner prior to the execution of a utility agreement. If a utility owner has a MRUA, an estimate of the cost of the PE work by the utility owner may be used to obligate funding for preliminary engineering under the MRUA as a PE only letter agreement. If a lump sum or actual cost agreement will be required with the utility owner for the project, district utilities staff should do two (2) agreements with one agreement covering PE only, and once a design for the adjustment is obtained, a second agreement for the construction of the adjustment should be executed. If a separate PE only agreement is obtained, NTP will need to be issued twice to the utility owner: once for PE and once for construction.&lt;br /&gt;
&lt;br /&gt;
===643.2.14.3 Right of Way===&lt;br /&gt;
Once Notice to Proceed has been given, the utility owner may begin the right of way acquisition process. If the utility owner needs to acquire right of way prior to a full agreement for relocation has been negotiated, the agreement specifically for the acquisition of right of way should be executed. This agreement will be sent to Financial Services to begin the obligation process.&lt;br /&gt;
&lt;br /&gt;
===643.2.14.4 Construction===&lt;br /&gt;
Payment to utility owners for construction of the adjustment may occur in a number of phases.&lt;br /&gt;
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====643.2.14.4.1 Prepayment====&lt;br /&gt;
Per the utility agreement, the Commission allows utility owners to be prepaid prior to commencing work. The district utilities staff may negotiate the prepayment if the utility owner is receptive. The utility owner will submit a request for prepayment with an invoice prior to any prepayment. Route, county, and job number must be included in the request. The district utilities staff will submit a request to Financial Services with a copy saved in MoProjects for future reference by the district staff responsible for inspection of the utility adjustment.&lt;br /&gt;
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====643.2.14.4.2 Progress Payments====&lt;br /&gt;
If a utility owner has not been prepaid the entire estimated amount in the utility agreement, then the utility owner may request progress payments after completing a portion of the proposed work, including PE.&lt;br /&gt;
&lt;br /&gt;
Progress payments for PE by consultants should not exceed the &amp;quot;maximum not to exceed amount&amp;quot; shown in the cost estimate unless additional costs are approved first by district utilities staff.&lt;br /&gt;
&lt;br /&gt;
For progress payments, the utility owner is required to submit only a summary of work and materials for which payment is claimed, not a detailed billing. District utilities staff should check only to be sure that sufficient work has been done to justify making the requested payment. Payment should be made for allowable costs incurred up to the date of the progress payment request.&lt;br /&gt;
&lt;br /&gt;
Progress payment invoices do not relieve the utility owner of the responsibility of submitting one complete and final invoice upon completion of the adjustment. The utility owner’s address must be shown on the invoice. The district utilities staff should submit progress payment invoices and applicable C-9s to Financial Services within one (1) week of receipt of invoice.&lt;br /&gt;
&lt;br /&gt;
One copy of the progress payment and one copy of the district utilities staff letter of recommendation must be sent to Financial Services for payment and be stored in MoProjects. The cover memo should include the project number, route, county, actual cost or lump sum utility agreement, Commission obligation percentage, total cost estimate of Commission obligation, and indicate the progress payment number, i.e., progress payment number 1, 2, 3, etc. If more than one progress payment is requested by the utility company, the district should submit progress payment bills to Financial Services in the following format:&lt;br /&gt;
{| class=&amp;quot;wikitable&amp;quot; style=&amp;quot;margin-left: 25px; text-align:center&amp;quot;&lt;br /&gt;
! Payment !! Amount&lt;br /&gt;
|-&lt;br /&gt;
| Progress Payment #1 || $50,000&lt;br /&gt;
|-&lt;br /&gt;
| Progress Payment #2 || 10,000&lt;br /&gt;
|-	&lt;br /&gt;
| Total Payment to Date || $60,000&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
This format will help clarify payment history with the utility owner. Progress payments for actual cost utility agreements may not exceed the Commission&#039;s total estimated cost shown in the agreement. However, if the request for a progress payment exceeds the original estimate, a change order with explanation should accompany the request. (See EPG 641.2.16.5 Change Orders.)&lt;br /&gt;
&lt;br /&gt;
====643.2.14.4.3 Final Payment====&lt;br /&gt;
Utility owners are required to submit a detailed final invoice to MoDOT for all actual cost reimbursable utility work and for any lump sum reimbursable utility work that was not prepaid. For prepaid lump agreements, the utility owner must submit a zero-dollar ($0) invoice to demonstrate the work has been completed. After the utility work has been fully completed, the district utilities staff responsible for inspection should send the utility owner a “60 Day” Final Acceptance Letter requesting a complete final invoice within 60 days, as detailed in the utility agreement. If the final invoice is not received from the utility owner within 30 days, then a follow up letter should be sent (i.e., “30 Day” Reminder Final Invoice Letter) reminding the utility owner of its obligation to submit a final invoice within 60 days of the completed work. If a final invoice from the utility owner is not received within this timeframe, then the district utilities staff should contact the Design Liaison Engineer for guidance on how to close out the work.&lt;br /&gt;
&lt;br /&gt;
The district utilities staff is expected to check the final bill within two (2) weeks after receipt in as much detail as possible against the C-9. It is their responsibility to verify from field records the quantities of labor, equipment, material used, material retired, and to justify all changes made. If the utility owner’s contractor made the adjustment at unit cost prices, then it is the district utility staff’s responsibility to verify the number of units completed and not the hours of labor and equipment. It is also important for the utility owner to show the words “final bill” or “final invoice” on the last bill, in order for MoDOT to understand that no additional charges will be made on the adjustment. The final bill must show a general description of the utility adjustment, the highway project number, the date on which work was completed or last item of billed expense was incurred, and the location where records can be audited. The order of items in the final statement should follow as closely as possible the order of items in the original estimate. A summary, on the utility owner’s letterhead, of the total cost of preliminary engineering, construction engineering, right of way, labor, overhead, construction travel expense, transportation, equipment, materials, supply, handling, and salvage credits should be shown in a way that will permit direct comparison with the approved estimate from the original or supplemental agreements (see EPG 643.2.12.6).&lt;br /&gt;
&lt;br /&gt;
If the Actual Cost final invoice shows a much higher cost than the original estimate without scope change, the utility owner is required to give reasons in a letter to the district utilities staff explaining why the invoice cost increased. When the Actual Cost final invoice exceeds the amount shown in the table in EPG 643.2.12.6, a supplemental agreement is required.&lt;br /&gt;
&lt;br /&gt;
When the district utilities staff has determined that the final invoice is accurate, the C-13 should be completed. Once the C-13 is completed, the C-13 and the final invoice from the utility owner are forward to Financial Services. For Actual Cost agreements, the C-9s should also be included in this transmittal. If no additional payments are required, the district utilities staff should note this in the transmittal as well. If the final invoice indicates previous payments to a utility owner exceeded the final invoice, the utility owner will need to send MoDOT a check for the overpayment amount. The check should be made payable to Director of Revenue – Credit State Road Fund. If the utility owner did not send MoDOT an overpayment check with the final invoice, district utilities staff should send a letter to the utility owner requesting the refund amount. Submittal of the final invoice to Financial Services should not occur until repayment has been received. The submittal to Financial Services should note the receipt of the repayment check.&lt;br /&gt;
&lt;br /&gt;
==643.2.15 Notice to Proceed==&lt;br /&gt;
For PE only, once an agreement has been executed, and Financial Services has advised that authorization from FHWA has been received, district utilities staff will issue a notice to proceed (NTP) letter to the utility owner for the PE. For agreements that include PE and construction or once a final agreement for construction has been executed, right of way clearance has been issued, and Financial Services has advised that authorization from FHWA has been received, the district utilities staff will issue NTP to the utility owner for construction. See Example of Notice to Proceed Letter. If salvage credit is part of the agreement with the utility owner, the NTP letter should include a statement that the utility owner will need to inform district utilities staff of the time and place that inspection may be made of the removed material. The utility owner may be held accountable for full value of materials disposed without proper notice. Utility owners may purchase materials prior to NTP for construction; however, no other work on the adjustment necessary to allow highway construction may begin prior to NTP for construction. The utility owner, for reasons of planning their workload or due to seasonal situations, may request early authorization to perform the work. This request, with the district utilities staff recommendations, is sent to the Design Liaison Engineer for further handling, approval, and advancement of the necessary funds. A copy of the NTP should be saved in MoProjects. If a utility owner begins adjustments prior to NTP for construction, district utilities staff should notify the utility owner immediately in writing that reimbursement will not be made for work done prior to NTP for construction.&lt;br /&gt;
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==643.2.16 Construction of Utility Adjustments==&lt;br /&gt;
===643.2.16.1 Utility Owner Self-Perform===&lt;br /&gt;
As per 23 CFR 645.115 Construction, it may be cost-effective for certain utility adjustments to be performed by a utility owner with its own internal forces and equipment, provided the utility owner is qualified to perform the work in a satisfactory manner. This cost-effectiveness finding covers minor work on the utility owner’s existing utility facilities routinely performed by the utility owner with its own forces.&lt;br /&gt;
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===643.2.16.2 Construction Contract Requirements===&lt;br /&gt;
When the utility owner is not adequately staffed and equipped to perform such work with its own forces and equipment at a time convenient to coordination with the associated highway construction, such work may be done one of four ways for utility adjustments:&lt;br /&gt;
# MoDOT can provide the construction services, via awarded contract to the lowest qualified bidder based on appropriate solicitation. This can be done by including the adjustment work in the roadway improvement project (EPG 643.2.12.4 Utility Agreement for Utility Work Included in Roadway Improvement Project) or by having a utility only project (EPG 643.2.12.5 Utility Only Project).&lt;br /&gt;
# The utility owner can award a construction contract to the lowest qualified bidder based on appropriate solicitation.&lt;br /&gt;
# The utility owner can utilize an existing continuing contract, provided the costs are reasonable (see EPG 643.2.9.1 Independent Cost Estimate).&lt;br /&gt;
# The utility owner can contract for low-cost incidental work, such as tree trimming and the like, without competitive bidding, provided the costs are reasonable (see EPG 643.2.9.1 Independent Cost Estimate).&lt;br /&gt;
&lt;br /&gt;
When a utility owner chooses option 2 to award its own new construction contract, the utility owner must provide the following documents and information to the district utilities staff. These documents need to be provided as soon as the utility owner has chosen to pursue a construction contract. Document 1 must be supplied by all utility owners. Documents 2 and 3 are only required when the utility owner is a local government agency who is also a political subdivision of the state of Missouri (e.g., city-owned utilities, county-owned utilities). All other utility owners are encouraged, but not required, to provide Documents 2 and 3.&lt;br /&gt;
# A statement that the utility owner is not staffed or able to perform the required construction activities with its own forces.&lt;br /&gt;
# A copy of the request for proposal used to secure bids.&lt;br /&gt;
# A list of a minimum of 3 bidders whom they believe can do the work. &#039;&#039;&#039;Political subdivisions are required to advertise for the work&#039;&#039;&#039;.&lt;br /&gt;
# Upon review of these documents, the district utilities staff will advise the utility owner to proceed with the solicitation of bids, but the utility owner will not be permitted to award the contract without the concurrence of district utilities staff. For lump sum agreements, approval of contract work and subcontract work is not required.&lt;br /&gt;
&lt;br /&gt;
The following documents need to be provided as soon as the utility owner has determined the lowest qualified contractor and would like to award the project. Document 1 must be supplied by all utility owners. Document 2 is only required when the utility owner is a local government agency who is also a political subdivision of the state of Missouri (e.g., city-owned utilities, county-owned utilities). All other utility owners are encouraged, but not required, to provide Document 2.&lt;br /&gt;
# The name address of the lowest qualified contractor.&lt;br /&gt;
# The tabulation of bids received and other information to support their recommendation for award to the lowest qualified bidder.&lt;br /&gt;
&lt;br /&gt;
The district utilities staff will review and approve the utility owner&#039;s bid information prior to the award of the contract. The Design Liaison Engineer is available to assist the district with review of bid information if necessary. Once the district utilities staff provides concurrence, the utility owner may proceed with awarding the contract. When the utility owner is a local government agency who is also a political subdivision of the state of Missouri (e.g., city-owned utilities, county-owned utilities), a copy of the executed contract must be shared with the district utilities staff. All other utility owners are encouraged, but not required, to provide a copy of the executed contract.&lt;br /&gt;
&lt;br /&gt;
A checklist is available for reviewing contracts to ensure the contract conforms to MoDOT policy and complies with applicable federal regulations.&lt;br /&gt;
&lt;br /&gt;
When a utility owner chooses to utilize a an existing continuing contract, the utility owner will submit a copy of the contract to the district utilities staff. The district utilities staff will review the contract for reasonableness of cost. If district utilities staff and the utility owner’s representative cannot agree on the reasonableness of cost, then the utility owner will be required to award a new construction contract.&lt;br /&gt;
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===643.2.16.3 Inspection===&lt;br /&gt;
The degree of inspection needed for utility adjustments will vary considerably with the nature and location of the work and whether the Commission is responsible for any portion of the cost of reimbursement. Judgment must be used regarding the manner and regularity of inspection duties. Some phases of the work require a very close check to ensure that the highway will not be adversely affected and to ensure satisfactory performance of work in accordance with the agreement and plans. The degree of inspection may vary from spot checking of overhead installations to continuous close observation of backfilling trenches beneath proposed pavement, embankment area, or adjacent to bridge abutments. Proper inspection can ensure that the utility adjustment is completed as efficiently as possible to minimize future impacts to the utility facility and the highway construction project. A [https://epg.modot.org/forms/general_files/DE/UtilityFieldInspectionChecklist.docx Field Inspection Checklist] to assist district utilities staff responsible for inspection is available.&lt;br /&gt;
&lt;br /&gt;
If it is found that any actual cost reimbursable utility adjustment is being performed by unapproved contractors, district utilities staff should direct the work to stop. The utility owner’s representative should be informed immediately and should be advised in writing that the costs incurred by an unapproved contractor are not eligible for reimbursement under provisions of the agreement. The district utilities staff can take appropriate steps to approve a subcontract and advise when the utility owner can recommence work.&lt;br /&gt;
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===643.2.16.4 Documentation===&lt;br /&gt;
All documents related to the construction of the utility adjustment necessary to allow highway construction should be stored in MoProjects.&lt;br /&gt;
&lt;br /&gt;
Construction records must be kept to confirm that work is done in accordance with the terms of the agreement and in the manner proposed in the plans. The importance of a complete and accurate record cannot be overemphasized. Detailed records are necessary to support the recommendation for payment of the final invoice. A complete, separate daily record must be kept on each actual cost adjustment and submitted for review when the final invoice is recommended for payment. This district utilities staff responsible for inspection should complete the Daily Utility Report (C-9).&lt;br /&gt;
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====643.2.16.4.1 Utility Reports====&lt;br /&gt;
The Daily Utility Report ([https://epg.modot.org/forms/general_files/DE/C-9.docx Form C-9]) and the Final Utility Report ([https://epg.modot.org/forms/general_files/DE/C-13.docx Form C-13]) are used for documenting utility adjustments necessary to allow highway construction. The use of C-9s and C-13s will vary with method of reimbursement. For utility adjustments necessary to allow highway construction that overlap with the highway contractor’s work, progress records should be kept as necessary to coordinate the highway and utility construction activities. Sufficient records must be maintained to check and verify the items of labor, equipment, materials, and salvaged items as submitted on the final invoice.&lt;br /&gt;
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=====643.2.16.4.1.1 Daily Utility Report (C-9)=====&lt;br /&gt;
C-9s are only required for actual cost agreements. The district utilities staff responsible for inspection must in all cases keep records to document inclement weather, down time, and verbal authorization for minor changes. The district utilities staff responsible for inspection must complete a C-9 documenting the number and classification of employees and number of hours worked. Records of material used and of retired materials returned to stock or scrapped must be kept. The utility owner’s major items of equipment must also be recorded. When work is done by the contract method based on unit prices, the district utilities staff responsible for inspection should ascertain that units of work as provided in the bid proposal are measured and recorded to form a basis for checking the final invoice. C-9s should list the location and the number of units of work accomplished for that period. If contract labor or equipment is used by a utility owner on the basis of a bid per hour, per day, etc., it will be necessary to keep records on this labor or equipment time in the same manner as if the utility owner were performing the work with its own internal forces. District utilities staff responsible for inspection should also note all contractors working for the utility owner and the contractor approval authorization dates given in the agreement.&lt;br /&gt;
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=====643.2.16.4.1.2 Final Utility Report (C-13)=====&lt;br /&gt;
C-13s summarize that the utility adjustment work that was done in accordance with the agreement and plans, the percentage of total cost that is the responsibility of the Commission, and any progress payments that have been made. A C-13 is required for both actual cost and lump sum agreements. The requested numbers shown on line 9 (Commission Estimated Cost) and line 10 (Amount of Final Bill) in the report are the Commission’s total responsibility.&lt;br /&gt;
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====643.2.16.4.2 Breakdown and Emergency====&lt;br /&gt;
When breakdown and emergency situations occur, prior approval by MoDOT is not required for contract or equipment rental work unless the cost or period of time will be extensive. The utility owner should furnish a letter as soon as possible to explain the situation and set out the estimated costs involved. The district utilities staff’s records should substantiate the need and the changes for personnel and equipment.&lt;br /&gt;
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====643.2.16.4.3 Stop Work====&lt;br /&gt;
If at any point, a stop work order is given by MoDOT to a utility owner, written documentation of the stop work order should be saved in MoProjects.&lt;br /&gt;
&lt;br /&gt;
===643.2.16.5 Change Orders===&lt;br /&gt;
Any change in the plan of adjustment should be documented in writing to the utility owner as a change order. If the change order is anticipated to exceed $100,000 or 15% of the original agreement amount, district utilities staff should negotiate a supplemental agreement with the utility owner’s representative. Once a supplemental agreement is in place, district utilities staff should contact Financial Services to obtain an adjustment of the obligation mid-project. Change orders without supplemental agreements will be settled once the project is complete.&lt;br /&gt;
&lt;br /&gt;
====643.2.16.5.1 Actual Cost Agreement====&lt;br /&gt;
Slight modifications in quantities or the addition of minor items not included with the original agreement do not require a supplemental agreement. However, such changes should be documented in writing with the utility owner. A supplemental agreement is needed if costs exceed the above threshold or if there is a change in the percentage of cost that is the Commission’s responsibility on an agreement with shared responsibility for costs. Intermediate partial payments cannot be made on items in a supplemental agreement until the supplemental agreement is approved.&lt;br /&gt;
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====643.2.16.5.2 Lump Sum Agreement====&lt;br /&gt;
A supplemental agreement to a Lump Sum Agreement is only required for significant changes in the scope of work of the utility adjustment necessary to allow highway construction. Normal overruns are not considered as changes in approved work and will not be reimbursed. Significant changes in the scope of work on utility adjustments necessary to allow highway construction cannot be done until the supplemental agreement is approved, and the adjustment in obligation of funds is complete.&lt;br /&gt;
&lt;br /&gt;
==643.2.17 Utilities during Highway Construction==&lt;br /&gt;
The contractor is responsible for having utilities located by contacting Missouri One-Call (811) prior to any excavation on the project. A reminder of this responsibility should be made at the preconstruction meeting.&lt;br /&gt;
&lt;br /&gt;
===643.2.17.1 Preconstruction Meeting (Pre-Con)===&lt;br /&gt;
District utilities staff should be invited to all pre-cons.&lt;br /&gt;
&lt;br /&gt;
Pre-cons fall into three categories relating to utilities:&lt;br /&gt;
# No utility adjustments are anticipated within the project limits,&lt;br /&gt;
# All utility adjustments completed prior to the pre-con, and&lt;br /&gt;
# All utility adjustments not completed prior to the pre-con.&lt;br /&gt;
&lt;br /&gt;
====643.2.17.1.1 No Utility Adjustments Anticipated within the Project Limits====&lt;br /&gt;
For projects without a Utility Job Special Provision (JSP), no involvement of the utility owners is required at the pre-con. For projects with a Utility JSP, the Resident Engineer (RE) should invite all utility owner representatives listed in the JSP with known required adjustment to the pre-con. The RE should review potential impacts of the highway construction project with the contractor and the utility owner.&lt;br /&gt;
&lt;br /&gt;
====643.2.17.1.2 All Utility Adjustments Completed Prior to the Pre-Con====&lt;br /&gt;
The RE should invite all utility owner representatives listed in the JSP with known required adjustment to the pre-con. The RE should review potential impacts of the highway construction project with the contractor and the utility owner. A general discussion should highlight the previous adjustments made by the utility owner and what abandoned utility facilities the contractor may encounter.&lt;br /&gt;
&lt;br /&gt;
====643.2.17.1.3 All Utility Adjustments Not Completed Prior to the Pre-Con====&lt;br /&gt;
It is important for the RE and inspector to understand the utility owner’s work schedule and how it relates to the contractor’s work schedule. During the pre-con, the schedule of the utility owner and highway construction contractor should be discussed, and conflicts should be addressed to allow utility adjustments and highway construction to progress as near to the proposed schedule as possible. On large-scale projects that have many utility issues to address that could impact the work of the highway construction contractor, it may be necessary to have a separate pre-con with utility owner representatives.&lt;br /&gt;
&lt;br /&gt;
===643.2.17.2 Coordination Meetings===&lt;br /&gt;
When the utility work will not be completed soon after the preconstruction meeting, the RE should meet with district utilities staff, the highway construction contractor, and the utility owner representatives on a regular basis to discuss utility coordination issues, so expectations from all parties are known and conveyed clearly. The utility owner may need some work performed by MoDOT or the highway construction contractor prior to completing their adjustments. (Examples include: survey staking of right of way or proposed facilities, trees cleared, grading performed, or new structures built).&lt;br /&gt;
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==643.2.18 Service Drops==&lt;br /&gt;
Power and communication services provided by utility owners are necessary for the operation of the highway system. These services may include power to traffic signals, lighting, or ITS devices; power for cathodic protection; or telecommunication services to signal controllers or ITS devices. The project design teams should work with district utilities staff to identify proper locations for the applicable utility owners to provide these services. Various utility owners have different requirements for this process. The district utilities staff is encouraged to develop a workable relationship with the utility owners who provide these services to MoDOT. The costs of installing the services charged by the utility owner are considered a non-contractual item and should be accounted for in the project’s budget in the STIP. The proposed location and method for the service drops should be shown on the roadway plans. District utilities staff should meet with the utility owner’s representative to ensure the proposed location can be accommodated by the utility owner. For electrical service connections, the power supply assembly is ideally located a maximum of ten feet (10’) from the source location. Plans submitted for PS&amp;amp;E should reflect the agreed upon location for all service connections. During construction, district utilities staff and district construction staff should work together to ensure the placement of the services is consistent with the project plans. Payment for the service drops should be invoiced by the utility owner to the district. District utilities staff is responsible for submission of the invoice directly to Financial Services for payment noting the non-contractual charges for the project.&lt;br /&gt;
&lt;br /&gt;
==643.2.19 Buy America Build America for Utilities==&lt;br /&gt;
FHWA’s Buy America Build America (BABA) policies require a domestic manufacturing process for all steel or iron products, other construction materials, and manufactured products that are permanently incorporated into Federal-Aid Highway construction projects, including products and materials used for adjustments to utility facilities to allow highway construction. These guidelines are for all federally reimbursable transportation projects where FHWA is the lead federal agency; it does not take precedence over projects where Federal Transit Administration or the Federal Railroad Administration is deemed the be the lead federal agency.&lt;br /&gt;
&lt;br /&gt;
===643.2.19.1 Program Requirements for Utilities===&lt;br /&gt;
All MoDOT projects are federal-aid projects, and therefore, all reimbursable utility adjustments are required to follow the provisions of BABA. More information on MoDOT’s BABA policy and procedures can be found in [[106.9_Buy_America_Requirement|EPG 106.9 Buy America Requirement]]. Specifically, utility owners should be aware of the following procedures for determining applicability of the EPG 106.9 requirements to reimbursable utility adjustments necessary to allow highway construction:&lt;br /&gt;
* BABA does not apply when materials are relocated from one location to another within the project limits.&lt;br /&gt;
* BABA does not apply for materials necessary for temporary utility adjustments assuming materials are removed from the right of way upon completion of the utility adjustment to allow highway construction.&lt;br /&gt;
* Non-reimbursable work must be kept separate from reimbursable work (agreements, permits, etc.) in order to not be subject to BABA.&lt;br /&gt;
&lt;br /&gt;
===643.2.19.2 Certification Requirements for Utilities===&lt;br /&gt;
Utility owners have the option of choosing either to self-certify BABA compliance or provide vendor/manufacturer certification to MoDOT. The method of certification is chosen by the utility owner and is documented in either the MRUA or the project specific agreement. Regardless of agreement type or certification method, the utility owner must be compliant with BABA requirements.&lt;br /&gt;
&lt;br /&gt;
====643.2.19.2.1 BABA Utility Owner Self-Certification====&lt;br /&gt;
If a utility owner chooses to self-certify BABA compliance, the utility owner is not required to provide MoDOT copies of the supplier certification as part of the project documentation or with the final invoice for any reimbursable utility adjustment necessary to allow highway construction. Retention of all documents should be as described in the agreement.&lt;br /&gt;
&lt;br /&gt;
====643.2.19.2.2 BABA Vendor/Manufacturer Certification====&lt;br /&gt;
If a utility owner chooses to use vendor/manufacturer certification, the utility owner will supply MoDOT BABA compliance from all vendors and/or manufacturers. Certification from vendors will be signed by an authorized representative of the vendor on company letterhead or other acceptable documentation and will declare that all supplied materials subject to BABA requirements are fully compliant. Certification from iron or steel manufacturers must be in the form of a mill test report (MTF) issued and signed by the initial fabricator stating the materials subject to BABA were melted and manufactured in the United States. Other written statements on company letter or other acceptable documentation signed by an authorized representative of the manufacturer for any additional treatment to the fabricated material (such as blasting, galvanizing, painting, or coating) will state that all treatment processes occurred in the United States according to FWA guidelines. Retention of all documents should be as described in the agreement. Manufacturer certification for manufactured products or construction materials will state that all materials were sourced from the United States and were fabricated in the United States. Retention of all documents should be as described in the agreement.&lt;br /&gt;
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&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643.3 Reserved for Future Use &#039;&#039;PAGE TITLE&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;&lt;br /&gt;
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&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643.4 Railroads (NO CHANGE) &#039;&#039;PAGE TITLE&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;&lt;br /&gt;
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==236.5.12 Excess Land Conveyances &amp;amp; Relinquishments - Utilities==&lt;br /&gt;
All conveyances and relinquishments of Commission-owned property shall be evaluated for the existence of any utility facilities located within the areas to be conveyed or relinquished. A conveyance or relinquishment of Commission-owned property may have implications to the utility facilities, and the utility owners, when the Commission no longer controls the property. It is important to maintain the continuity of utility facilities for the general public; therefore, to identify and minimize potential impacts, MoDOT shall involve utility owners in the conveyance and relinquishment processes.&lt;br /&gt;
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===236.5.12.1 Excess Land Conveyances Utilities===&lt;br /&gt;
MoDOT shall only recommend that a property be declared excess upon satisfactorily addressing the utility impacts. Whether MoDOT or an external party initiates the conveyance of excess property, utility impacts shall be adequately addressed by using one of the following methods: &lt;br /&gt;
:1. Each utility facility will be relocated by permit into a new utility corridor retained by the Commission.&lt;br /&gt;
:2. Each utility facility will remain in place with the benefit of a non-exclusive permanent utility easement.&lt;br /&gt;
::&#039;&#039;If the Commission holds fee simple title to the property, the Commission shall convey a non-exclusive permanent utility easement to each utility owner&#039;&#039;.&lt;br /&gt;
::&#039;&#039;If the Commission holds a less than fee simple title interest in the property, MoDOT shall facilitate the conveyance of a non-exclusive permanent utility easement from the party acquiring the property to each utility owner&#039;&#039;.&lt;br /&gt;
:3. Each utility facility will be relocated to another portion of the property being conveyed.&lt;br /&gt;
::&#039;&#039;If the Commission holds fee simple title to the property, the Commission shall convey a non-exclusive permanent utility easement to each utility owner&#039;&#039;. &lt;br /&gt;
::&#039;&#039;If the Commission holds a less than fee simple title interest in the property, MoDOT shall facilitate the conveyance of a non-exclusive permanent utility easement from the party acquiring the property to each utility owner&#039;&#039;.&lt;br /&gt;
:4. Each utility facility will be relocated onto a portion of the property already owned by the party acquiring the Commission-owned property, with the benefit of a non-exclusive permanent easement. (MoDOT shall facilitate the conveyance of a non-exclusive permanent utility easement from the party acquiring the property to each utility owner.)&lt;br /&gt;
:5. A three-party negotiated settlement taking into consideration the overall value of the proposed transaction.&lt;br /&gt;
:6. Additional options to address utility impacts may be utilized with approval from the Asst. to the State Design Engineer - Right of Way.&lt;br /&gt;
&lt;br /&gt;
===236.5.12.2 Road Relinquishment Utilities===&lt;br /&gt;
MoDOT shall only recommend the relinquishment of roadways through the [[236.14 Change in Route Status Report|Change in Route Status Report]] upon satisfactorily addressing the impacts to utility facilities. If the roadway will be relinquished to a local public transportation authority, with the intent that it continues to be used as a public roadway, a clause similar to the following shall be included in the deed from the Commission to the local public transportation authority:&lt;br /&gt;
:&#039;&#039;&amp;quot;Grantee, by acceptance of this conveyance, covenants and agrees for itself, its successors and assigns, to allow known or unknown utility facilities currently located on the property, whether of record or not, to remain on the property, and to grant the current and subsequent owners of those facilities the right to maintain, construct and reconstruct the facilities and their appurtenances over, under, and across the land herein conveyed, along with the right of ingress and egress across the land herein conveyed to and from those utilities.&amp;quot;&#039;&#039; &lt;br /&gt;
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Proposed roadway relinquishments to private entities shall be reviewed in a manner consistent with the conveyance of excess property described in [[236.5 Property Management#236.5.3 Asset Management Committee|EPG 236.5.3 Asset Management Committee]].&lt;/div&gt;</summary>
		<author><name>Hoskir</name></author>
	</entry>
	<entry>
		<id>https://epg.modot.org/index.php?title=User:Hoskir/Revision_Request_4225&amp;diff=58868</id>
		<title>User:Hoskir/Revision Request 4225</title>
		<link rel="alternate" type="text/html" href="https://epg.modot.org/index.php?title=User:Hoskir/Revision_Request_4225&amp;diff=58868"/>
		<updated>2026-06-22T14:47:30Z</updated>

		<summary type="html">&lt;p&gt;Hoskir: /* 643.2.12 Utility Agreements */&lt;/p&gt;
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&lt;div&gt;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643 Utility Procedures  &#039;&#039;CATEGORY&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt; &lt;br /&gt;
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| ● [https://www.ecfr.gov/current/title-23/chapter-I/subchapter-G/part-64523 CFR 645]&lt;br /&gt;
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| ● [https://www.sos.mo.gov/cmsimages/adrules/csr/current/7csr/7c10-3.pdf7 CSR 10-30]&lt;br /&gt;
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&#039;&#039;&#039;Utility Accommodation Policy:&#039;&#039;&#039; State DOTs are required to develop policies and procedures pertaining to the use, accommodation, and/or relocation of public and private utility facilities on highway rights-of way using Federal-aid highway funds. State DOTs are required to develop, maintain, and obtain FHWA approval of their Utility Accommodation Policy (UAP) (23 CFR section 645.215). This EPG article 643 and subarticles 643.1 through 643.3 are Missouri Department of Transportation (MoDOT)’s Utility Accommodation Policy. Text in EPG 643 consolidates various federal and state statutes and rules into a single, cohesive, workable policy to outline processes for MoDOT staff and utility owners.&lt;br /&gt;
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&#039;&#039;&#039;Delegation of Work:&#039;&#039;&#039; Each MoDOT district is responsible for ensuring implementation of the UAP outlined in the subsequent EPG articles. Each district can create its own organization for whom is responsible for the work including between divisions and job titles. Work responsibilities within this article and subarticles are generic where possible. If a specific title is included, that title has sole responsibility for that item of work.&lt;br /&gt;
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[[media:144 Major Highway System 2022.pdf|major routes]]&lt;br /&gt;
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&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643.1 Utility Location  &#039;&#039;PAGE TITLE&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt; &lt;br /&gt;
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The information in this article provides a uniform system for regulating the location, construction, maintenance, removal, and relocation of utility facilities on the right of way of roadways located on the state highway system. It also provides for the facilitation of construction and maintenance of these roadways. Any location or relocation of utility facilities contrary to this information is an interference with the construction, maintenance, or operation of a state highway and its right of way and is prohibited.&lt;br /&gt;
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==643.1.1 Permits==&lt;br /&gt;
All utility owners are required to obtain a permit to work on Missouri Highway and Transportation Commission (Commission) right of way. A permit is required for original installation of the utility facility, on-going maintenance of the utility facility, or adjustments to a utility facility necessary to allow highway construction. Per [[127.29_Stormwater#127.29.4.3_MCM_3:_Illicit_Discharge_Detection_and_Elimination_(IDDE)_Program|EPG 127.29.4.3]], discharges of anything other than stormwater are not permitted. A deposit or bond is required to ensure completion of the work in accordance with the permit issued. An [https://www.modot.org/permits application for a permit] may be made on established forms specifically stating the nature of the work to be performed. Applications for permits may be obtained at any of the [https://www.modot.mo.gov/ seven (7) district highway offices] of the Commission, [https://www.modot.mo.gov/ MoDOT&#039;s website], or by requesting it from the office of the Missouri Highways and Transportation Commission in Jefferson City, Missouri. The application for a permit will specifically state the nature of the work to be performed, what specific type of utility facility is to be installed, and, if necessary, the timeframe of any temporary use. Piping of any type of sewage or waste will only be allowed providing any permitting by a regulatory agency, such as Missouri Department of Natural Resources, can be provided. Prior to obtaining a permit through MoDOT’s permit system, a utility owner will be required to provide a bond to ensure satisfactory work and complete a TR50 Electronic Signature Agreement with the Commission. The name of the utility owner must match on the bond, TR50, and in the permit system. More information on permitting can be found in [[:Category:941_Permits_and_Access_Requests|EPG 941]].&lt;br /&gt;
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===643.1.1.1 Emergency Work===&lt;br /&gt;
When emergency operations work is necessary, the damaged utility facility may be accessed immediately and without a permit by leaving the pavement at such points as may be necessary to effect emergency repairs, provided immediate notice is given to the Missouri State Highway Patrol and the district utilities staff for the district wherein the work will be performed, and a permit for emergency operations is requested immediately upon discovery of the need for emergency operations. A permit for emergency operations work is to be obtained as soon as practical, but in no event later than two (2) working days after the emergency operations work has commenced. Emergency operations include, but are not limited to, unplanned work in response to utility facilities being so damaged as to constitute an emergency situation directly affecting or endangering traffic on the highway or public health or safety.&lt;br /&gt;
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===643.1.1.2 Third-Party Inspection===&lt;br /&gt;
When a utility owner has a large number of projects in a given area or projects involving great complexity, MoDOT reserves the right to limit the number of permits open at any given time. With approval of the district utilities staff, a utility owner may hire a third-party inspector, at their cost. The third-party inspector will allow the utility owner to increase the number of permits open at any given time. The responsibility of the third-party inspector will be to ensure the installation of the utility facility proceeds in a manner consistent with the plans approved in the permit, including all work zone requirements and conformity with MoDOT’s Standards and Specifications. The MoDOT approved third-party inspector will be listed in the permit. MoDOT may audit third-party inspections and revoke the right to use third-party inspections should the inspectors fail to perform their duties.&lt;br /&gt;
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===643.1.1.3 Abandoned Utility Facilities===&lt;br /&gt;
All utility facilities installed in Commission right of way are the property of the utility owner whether the utility facility is active or inactive. MoDOT may allow a utility facility to remain on Commission right of way whether the utility facility was abandoned for a MoDOT project or at the utility owner’s discretion. MoDOT may place requirements (such as removing inactive fiber optic cables, grouting pipes, removing valves) on the utility owner as part of the process of abandoning a utility facility. Liability for damage to Commission right of way due to an abandoned facility remains the responsibility of the utility owner. In the event MoDOT requires the removal of the abandoned utility facility, responsibility for the cost of the removal will be determined per [[643.2_Local_Utility_Adjustments_-_Public_and_Private#643.2.8_Preliminary_Engineering_(PE)_Requirements|EPG 643.2.8]].&lt;br /&gt;
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==643.1.2 Definitions==&lt;br /&gt;
&#039;&#039;&#039;Bridge Attachment:&#039;&#039;&#039; A bridge attachment is any utility facility, including communication lines and electrical lines, or any other utility facility of a similar nature that is fastened to a bridge for the purpose of spanning an obstacle.&lt;br /&gt;
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&#039;&#039;&#039;Clear zone:&#039;&#039;&#039; The total roadside border area starting at the edge of the traveled way, available for safe use by errant vehicles. This area may consist of a shoulder, a recoverable slope, a non-recoverable slope, and/or the area at the toe of a non-recoverable slope available for safe use by an errant vehicle. Clear zone dimensions are provided in the current edition of American Association of State Highway Transportation Officials Roadside Design Guide.&lt;br /&gt;
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&#039;&#039;&#039;Ditch Line:&#039;&#039;&#039; A line where the roadway ditch meets the back slope. It is located at the lowest point of a V-bottom ditch or furthest point from the roadway of a flat bottom ditch where the roadway slopes back to the existing ground line.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Duct:&#039;&#039;&#039; An enclosed tubular casing, or raceway, for protecting wires, lines, or cables that is often flexible or semi-rigid (1-3% diametric deflection). The casing, or raceway, is separate from the cable or conductor that passes through it.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Encasement:&#039;&#039;&#039; The term encasement means the placing of an installation around and outside of an underground facility consisting of a larger conduit that permits the removal and replacement of the facility. An alternate to the conduit type encasement is reinforced concrete poured around the utility facility. Utility owners are allowed to use any types of material as a carrier and encasement for its facilities as expressly provided for in the permit issued for the installation of the utility facility.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Freeway:&#039;&#039;&#039; A divided arterial highway with full control of access.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Highway:&#039;&#039;&#039; Any public way for vehicular travel, including the entire area within the right of way and related facilities constructed or improved and maintained by the Missouri Highways and Transportation Commission (MHTC) acting through the Missouri Department of Transportation (MoDOT).&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Interchange Limits:&#039;&#039;&#039; For the uniform handling of utility installations only, the limits of an interchange are the outside ramp curve points. See [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_1_TypicalInterchangeLimits_AOD.pdf EPG Figure 643.1.1] for an example.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Interstate System or Other Freeways/Expressways:&#039;&#039;&#039; Interstate highways and highways with fully controlled access.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Major Routes (Interstates, Freeways/Expressways and Principal Arterials):&#039;&#039;&#039; The major highway system is all routes functionally classified as principal arterials. The principal arterial system provides for statewide or interstate movement of traffic. The major roads in Missouri total approximately 5,500 centerline miles.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Minor Routes:&#039;&#039;&#039; The minor highway system is all routes functionally classified as minor arterials or collectors. These routes mainly serve local transportation needs. The minor roads in Missouri total approximately 28,400 centerline miles.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Normal Right of Way Line:&#039;&#039;&#039; An imaginary line that connects sudden breaks in the major right of way points for roadways. Sight distance right of way points (triangles) at roadway intersections are not to be considered as sudden breaks for determining normal right of way.&lt;br /&gt;
[[File:fig_643.1.2-06_2026.jpg|none|700px|thumb|Figure 643.1.2 Normal Right of Way Line.]]&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Private Lines:&#039;&#039;&#039; Privately owned utility facilities which convey or transmit the commodities outlined in the definition of utility facility of this section but devoted exclusively to private use.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Scenic Enhancement Areas:&#039;&#039;&#039; Scenic enhancement areas include areas acquired or so designated as scenic strips, overlooks, rest areas, recreation areas, and the right of way of adjacent roadways and the right of way of roadways that pass through public parks and historic sites as described under 23 USC 138.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Utility Corridor:&#039;&#039;&#039; An area established for the placement of utility facilities parallel to the normal right of way line.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Utility Facility:&#039;&#039;&#039; Privately, publicly, or cooperatively owned line, facility, or system for producing, transmitting, or distributing communications, cable television, power, electricity, light, heat, gas, oil, crude products, water, steam, waste, storm water not connected with highway drainage or any other similar commodity, including any fire or police signal system or street lighting system which directly or indirectly serves the public and does not include privately owned facilities devoted exclusively to private use. The term &amp;quot;utility facility&amp;quot; includes those facilities used solely by the utility owner that are a part of its operating plant.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Utility Owner:&#039;&#039;&#039; The utility owner is the utility company, inclusive of any wholly owned or controlled subsidiary, or city or county which owns utility facilities. The term also includes those government agencies that lease a utility facility for its own use or otherwise dedicated solely to governmental use.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Variance:&#039;&#039;&#039; A one- (1-) time deviation from the requirements for location or relocation of utility facilities on the right of way of highways in the state highway system as established in [https://www.sos.mo.gov/cmsimages/adrules/csr/current/7csr/7c10-3.pdf Title 7 Code of State Regulations 10-3], requested by the utility, and approved by a MoDOT District Design Engineer.&lt;br /&gt;
&lt;br /&gt;
==643.1.3 Location of Utility Facilities==&lt;br /&gt;
Utility facilities paralleling the roadway should be installed in the utility corridor except as outlined below. The utility corridor is the space for all utility owners generally within six feet (6’) of the normal right of way line. When considering if the current utility corridor is available to expand from six feet (6’) to as much as twelve feet (12’), MoDOT determines if the expansion is warranted. In making the determination, MoDOT will consider the existing utilization of the original six feet (6’) corridor. Poles must remain within two feet (2’) of the normal right of way line unless approved by a variance. The utility corridor will only be expanded beyond six feet (6’) if the original six feet (6’) corridor is fully utilized and additional space would be required to accommodate additional utility facilities. Acquisition of additional right of way to establish a twelve feet (12’) corridor is not required on highway construction projects. For depths for underground utility facilities, see [[#643.1.4.1_Minimum_Cover_for_Underground_Facilities|EPG 643.1.4.1]].&lt;br /&gt;
&lt;br /&gt;
Utility facilities crossing the roadway should be installed as close to ninety degrees (90°) to the centerline of the roadway as possible and based on the guidelines below depending on the type of roadway. See [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_3_TypicalUtilityCorridor-InterchangeatMajorRoute_AOD.pdf EPG Figure 643.1.3] and [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_4_TypicalUtilityCorridor-InterchangeatMinorRoute_AOD.pdf EPG Figure 643.1.4] for typical utility corridors around interchanges.&lt;br /&gt;
&lt;br /&gt;
===643.1.3.1 Interstate System or Other Major Freeways/Expressways===&lt;br /&gt;
The installation of all utility facilities on highways of the Interstate System or other major freeways/expressways with fully controlled access are to be installed, serviced, and maintained without entering or leaving the roadway and ramps except at points approved by MoDOT for that purpose and without parking any equipment or storing materials upon the medians, roadway and ramps, or shoulders of the roadways. Cutting or damaging the pavement or paved shoulders is not permitted. New service connections to existing parallel utility facilities are to be permitted only where an outer roadway exists and then only where access is permitted by the Commission. Careful consideration will be given to the location of guys, anchors, braces, and other supports. Generally, good design practice will provide that appurtenances be located at right of way jogs, along intersecting road right of way, or at other similar acceptable locations, so that encroachment is held to an absolute minimum.&lt;br /&gt;
&lt;br /&gt;
No utility facilities will be permitted within the interchange limits of an interchange between fully limited access highways where planned or existing. Utility facilities within the interchange limits of an interchange with a non-access controlled highway will be permitted only along the minor road, provided that all construction, service, and maintenance can be performed from the minor road. Manholes and poles must be located beyond the ramp termini.&lt;br /&gt;
&lt;br /&gt;
For structures carrying or over interstates or other major freeways/expressways, see [[#643.1.5_Bridge_Attachment_Policy|EPG 643.1.5]].&lt;br /&gt;
&lt;br /&gt;
====643.1.3.1.1 Utility Facilities Crossing the Interstate or Other Major Freeways/Expressways====&lt;br /&gt;
=====643.1.3.1.1.1 Overhead Crossings of the Interstate or Other Major Freeways/Expressways=====&lt;br /&gt;
Overhead crossings of utility facilities are permitted only for power transmission and distribution lines and for multiple circuit communication lines where an underground installation is not economically feasible. Supports for existing utility facilities crossing overhead may remain on the right of way provided they are near the right of way line regardless of the presence of an outer road. Supports for new overhead utility facilities crossing overhead may be located on the right of way near the right of way line where an outer roadway exists and are to be located off the right of way where no outer roadway exists. Overhead service crossings are only permitted in isolated cases for residential or commercial establishments when the denial of the crossing would require construction of more than 1,200 feet (1,200’) of utility line to provide the service. Main or distribution line crossings are required to serve a general area other than isolated cases.&lt;br /&gt;
&lt;br /&gt;
=====643.1.3.1.1.2 Underground Crossings of the Interstate or Other Major Freeways/Expressways=====&lt;br /&gt;
Underground crossings of utility facilities are to be continuously encased under the pavement, medians, ramps, and shoulders with the casing extending to the toe of the fill slopes or to the ditch line. In curbed sections, encasement should extend outside the outer curb of the roadways a distance equal to the depth of the encasement at the curb line. Where installed by open trench through unpaved areas, detector tape should be placed approximately one foot (1&#039;) above the encasement. Where an interstate or other major freeway has a parallel outer roadway, encasement should be continuous under all roadways within the right of way.&lt;br /&gt;
&lt;br /&gt;
Manholes or vent pipes are to be located at the right of way line or adjacent to the outer roadway.&lt;br /&gt;
&lt;br /&gt;
For fiber optic cable, encasement should extend from within six feet (6&#039;) of one right of way line to within six feet (6&#039;) of the other right of way line.&lt;br /&gt;
&lt;br /&gt;
Exceptions may be made for encasement as listed in [[#643.1.4.2_Exceptions_to_Encasement|EPG 643.1.4.2]].&lt;br /&gt;
&lt;br /&gt;
=====643.1.3.1.1.3 Parallel Installations along the Interstate or Other Major Freeways/Expressways=====&lt;br /&gt;
New parallel installations on the right of way may be permitted only where an outer roadway exists, provided that poles are within two feet (2&#039;) of the normal right of way line and underground utility facilities are within the utility corridor, and provided that the utility facility can be installed and maintained between the outer roadway and the right of way line. Existing overhead or underground utility facilities that parallel an existing roadway which will be incorporated into a completed highway as an outer roadway may remain in place if all maintenance and service can be performed from an outer roadway and the existing location does not interfere with construction, maintenance, or operation of the completed highway. If an existing parallel utility facility needs to be relocated so as to not interfere with the construction, maintenance, or operation of the completed interstate or other major freeway, poles may be located withing five feet (5’) of the right of way line.&lt;br /&gt;
&lt;br /&gt;
Underground utility facilities are expected to be buried within the utility corridor of sight distance triangles (SDTs) at roadway intersections unless granted a variance. Overhead utility facilities may be allowed to span intersecting roadways with SDTs provided the poles, or supports, are located outside the SDT.&lt;br /&gt;
&lt;br /&gt;
=====643.1.3.1.1.4 Sanitary Sewers within the Right of Way of Interstates or Other Major Freeways/Expressways=====&lt;br /&gt;
New installations of sanitary sewers should follow the applicable guidelines for either underground crossings or parallel installations as appropriate. Existing gravity trunk sanitary sewers should be considered individually and removed or left in place contingent upon its age, condition, feasibility of moving, and maintenance access. Encasement of existing trunk sewers left in place may be required for questionable condition, protection during construction, or heavy fills.&lt;br /&gt;
&lt;br /&gt;
Manholes should be relocated to the right of way lines or adjacent to an outer roadway.&lt;br /&gt;
&lt;br /&gt;
===643.1.3.2 Major Routes===&lt;br /&gt;
For structures carrying or over major routes, see [[#643.1.5_Bridge_Attachment_Policy|EPG 643.1.5]].&lt;br /&gt;
&lt;br /&gt;
====643.1.3.2.1 Major Routes with Partially Controlled Access Right of Way====&lt;br /&gt;
The installation of all utility facilities on highways with partially controlled access right of way are to be installed, serviced, and maintained without entering or leaving the roadway and ramps except at points approved by MoDOT for that purpose and without parking any equipment or storing materials upon the medians, roadway and ramps, or shoulders of the roadways. Cutting or damaging the pavement or paved shoulders is not permitted. Equipment or materials stored within the right of way must be protected by longitudinal barrier or be located outside the clear zone. New service connections to existing parallel utility facilities are to be permitted only where granted by the Commission.&lt;br /&gt;
&lt;br /&gt;
No utility facilities will be permitted within the interchange limits of an interchange between fully limited access highways where planned or existing. Utility facilities within the interchange limits of an interchange with a non-access controlled highway will be permitted only along the minor road, provided that all construction, service, and maintenance can be performed from the minor road. Manholes and poles must be located beyond the ramp termini.&lt;br /&gt;
&lt;br /&gt;
====643.1.3.2.2 Major Routes with Normal Access Right of Way====&lt;br /&gt;
All new utility facilities will be installed and maintained without cutting or damaging the pavement or paved shoulders except in the event underlying rock formations or other obstructions are encountered that prevent boring or pushing operations. A variance may be granted for pavement cuts when the need is established. Pavement cuts may only be made by permits issued when it is impractical to otherwise service and maintain the facility. The installation of all utility facilities is to be installed without parking any equipment or storing materials upon the medians, roadway and ramps, or shoulders of the roadways. Equipment or materials stored within the right of way must be protected by longitudinal barrier or be located outside the clear zone.&lt;br /&gt;
&lt;br /&gt;
====643.1.3.2.3 Utility Facilities Crossing Major Routes====&lt;br /&gt;
=====643.1.3.2.3.1 Overhead Crossings of Major Routes=====&lt;br /&gt;
Supports for utility facilities crossing overhead should be located as near the right of way line as possible. For major routes with controlled access right of way, new overhead service crossings may be permitted in isolated cases for residential or commercial establishments where the denial of such crossings would require the construction of more than 1,200 feet (1,200’) of utility line to provide the same service. For major routes with normal access right of way, there is no restriction on the placement of service crossings.&lt;br /&gt;
&lt;br /&gt;
=====643.1.3.2.3.2 Underground Crossings of Major Routes=====&lt;br /&gt;
Underground crossings of utility facilities are to be continuously encased under the pavement, medians, ramps, and shoulders with the casing extending to the toe of the fill slopes or to the ditch line. In curbed sections, encasement should extend outside the outer curb of the roadways a distance equal to the depth of the encasement at the curb line. Where installed by open trench through unpaved areas, detector tape should be placed approximately one foot (1&#039;) above the encasement. Where a major route has a parallel outer roadway, encasement should be continuous under all roadways within the right of way.&lt;br /&gt;
&lt;br /&gt;
Manholes or vent pipes are to be located at the right of way line or adjacent to the outer roadway.&lt;br /&gt;
&lt;br /&gt;
For fiber optic cable, encasement should extend from within six feet (6&#039;) of one right of way line to within six feet (6&#039;) of the other right of way line.&lt;br /&gt;
&lt;br /&gt;
Exceptions may be made for encasement as listed in [[#643.1.4.2_Exceptions_to_Encasement|EPG 643.1.4.2]].&lt;br /&gt;
&lt;br /&gt;
====643.1.3.2.4 Parallel Installations along Major Routes====&lt;br /&gt;
New parallel installations on the right of way may be permitted provided that poles are within two feet (2&#039;) of the normal right of way line and underground utility facilities are within the utility corridor. Existing overhead or underground utility facilities that parallel an existing roadway which will be incorporated into a completed highway may remain in place if all maintenance and service can be performed without entering or leaving the roadway except at approved access points; without parking equipment or storing materials on the median, pavement, ramps, or shoulders; and the existing location does not interfere with construction, maintenance, or operation of the completed highway. If an existing parallel utility facility needs to be relocated so as to not interfere with the construction, maintenance, or operation of the completed highway, poles may be located withing five feet (5’) of the right of way line.&lt;br /&gt;
&lt;br /&gt;
Existing steel pipe transmission and distribution facilities for gaseous petroleum products that parallel an existing roadway that will be incorporated into the completed roadway may be left in place subject to an agreement by the utility owner that maintenance or service and facility expansion will be performed without cutting or damaging the pavement or interfering with the construction, maintenance, and operation of the highway and provided that the facility is cathodically protected against corrosion and meets the applicable material requirements.&lt;br /&gt;
&lt;br /&gt;
Underground utility facilities are expected to be buried within the utility corridor of sight distance triangles (SDTs) at roadway intersections unless granted a variance. Overhead utility facilities may be allowed to span intersecting roadways with SDTs provided the poles, or supports, are located outside the SDT.&lt;br /&gt;
&lt;br /&gt;
====643.1.3.2.5 Sanitary Sewers within the Right of Way of Major Routes====&lt;br /&gt;
New installations of sanitary sewers should follow the applicable guidelines for either underground crossings or parallel installations as appropriate. An existing gravity trunk sanitary sewer should be considered individually and removed or left in place contingent upon its age, condition, feasibility of moving, and maintenance access. If an existing parallel gravity main is left in place within the limits of the paved surface, paved shoulder lines, or curb lines, stub mains as required will be laid between the sewer main and curb or shoulder lines for future service connections in each block. Manholes should be relocated outside the traveled roadway as near the right of way line as practical.&lt;br /&gt;
&lt;br /&gt;
===643.1.3.3 Minor Routes===&lt;br /&gt;
For structures carrying or over minor routes, see [[#643.1.5_Bridge_Attachment_Policy|EPG 643.1.5]].&lt;br /&gt;
&lt;br /&gt;
====643.1.3.3.1 Utility Facilities Crossing Minor Routes====&lt;br /&gt;
=====643.1.3.3.1.1 Overhead Crossings of Minor Routes=====&lt;br /&gt;
Existing overhead crossings that interfere with construction, maintenance, or operation should be relocated with their supports as near the right of way line as is practical. New overhead crossing installations should be located with their supports as near the right of way line as is practical.&lt;br /&gt;
&lt;br /&gt;
=====643.1.3.3.1.2 Underground Crossings of Minor Routes=====&lt;br /&gt;
All new utility facilities should be installed and maintained without cutting or damaging the pavement or paved shoulders. A variance may be granted for pavement cuts when servicing and maintaining the facility by any other methods is impractical. Pavement cuts may only be made by permits issued. Underground crossings of utility facilities are to be continuously encased under the pavement, medians, ramps, and shoulders with the casing extending to the toe of the fill slopes or to the ditch line. In curbed sections, encasement should extend outside the outer curb of the roadways a distance equal to the depth of the encasement at the curb line. Where installed by open trench through unpaved areas, detector tape should be placed approximately one foot (1&#039;) above the encasement.&lt;br /&gt;
&lt;br /&gt;
Manholes or vent pipes are to be located at the right of way line or adjacent to the outer roadway.&lt;br /&gt;
&lt;br /&gt;
For fiber optic cable, encasement should extend from within six feet (6&#039;) of one right of way line to within six feet (6&#039;) of the other right of way line.&lt;br /&gt;
&lt;br /&gt;
Exceptions may be made for encasement as listed in [[#643.1.4.2_Exceptions_to_Encasement|EPG 643.1.4.2]].&lt;br /&gt;
&lt;br /&gt;
====643.1.3.3.2 Parallel Installations along Minor Routes====&lt;br /&gt;
New parallel installations on the right of way may be permitted provided that poles are within two feet (2&#039;) of the normal right of way line and underground utility facilities are within the utility corridor. Existing overhead or underground utility facilities that parallel an existing roadway which will be incorporated into a completed highway may remain in place if all maintenance and service can be performed without entering or leaving the roadway except at approved access points; without parking equipment or storing materials on the median, pavement, ramps, or shoulders; and the existing location does not interfere with construction, maintenance, or operation of the completed highway. If an existing parallel utility facility needs to be relocated so as to not interfere with the construction, maintenance, or operation of the completed highway, poles may be located within five feet (5’) of the right of way line.&lt;br /&gt;
&lt;br /&gt;
Underground utility facilities are expected to be buried within the utility corridor of sight distance triangles (SDTs) at roadway intersections unless granted a variance. Overhead utility facilities may be allowed to span intersecting roadways with SDTs provided the poles, or supports, are located outside the SDT.&lt;br /&gt;
&lt;br /&gt;
====643.1.3.3.3 Sanitary Sewers within the Right of Way of Minor Routes====&lt;br /&gt;
New installations of sanitary sewers should follow the applicable guidelines for either underground crossings or parallel installations as appropriate. An existing gravity trunk sanitary sewer should be considered individually and removed or left in place contingent upon its age, condition, feasibility of moving, and maintenance access. If an existing parallel gravity main is left in place within the limits of the paved surface, paved shoulder lines, or curb lines, stub mains as required will be laid between the sewer main and curb or shoulder lines for future service connections in each block. Manholes should be relocated outside the traveled roadway.&lt;br /&gt;
&lt;br /&gt;
===643.1.3.4 Roundabouts===&lt;br /&gt;
Regardless of roadway type, it is desirable to avoid locating utility facilities and their access points within the circulatory roadway. If possible, utility facilities are located in the legs of the roundabout to allow for future maintenance and access at an isolated leg versus affecting the entire roundabout. See [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_5_TypicalLocationofUtilityFacilitiesnearRoundabouts_AOD.pdf EPG Figure 643.1.5] for an example.&lt;br /&gt;
&lt;br /&gt;
===643.1.3.5 Utility Facilities in Scenic Enhancement Areas===&lt;br /&gt;
All existing utility facilities within the limits of a scenic enhancement area requiring adjustment because of construction or reconstruction will be placed underground or relocated beyond the limits of the scenic enhancement area. No new above ground facilities will be permitted. New underground facilities will be permitted provided they do not extensively alter or impair the appearance of the area.&lt;br /&gt;
&lt;br /&gt;
==643.1.4 Installation of Utility Facilities==&lt;br /&gt;
The following sections provide information on the physical installation of utility facilities within highway right of way.&lt;br /&gt;
&lt;br /&gt;
===643.1.4.1 Minimum Cover for Underground Facilities===&lt;br /&gt;
The minimum cover for new underground utilities is:&lt;br /&gt;
* Forty-two inches (42”) for all water lines (parallel and crossings).&lt;br /&gt;
* Forty-two inches (42”) for fiber optic cable (crossings encased in rigid conduit).&lt;br /&gt;
* Seventy-two inches (72”) for fiber optic cable (crossings encased in polyethylene (PE) pipe).&lt;br /&gt;
* Thirty inches (30”) for direct burial and in trench fiber optic cable (parallel).&lt;br /&gt;
* Twenty-four inches (24”) for all other direct burial copper or coaxial cable, (parallel).&lt;br /&gt;
* Seventy-two inches (72”) for uncased polyethylene (PE) gas pipe crossings under ditches and roadways but thirty inches (30”) elsewhere.&lt;br /&gt;
* Thirty inches (30”) for all other (such as, but not limited to, gravity sewers, forced sewers, and electric) underground utilities (both parallel and crossing).&lt;br /&gt;
&lt;br /&gt;
===643.1.4.2 Exceptions to Encasement===&lt;br /&gt;
Exceptions may be made for encasement as follows:&lt;br /&gt;
* Non-fiber communication or electric cables installed in ducts.&lt;br /&gt;
* Welded steel pipelines carrying gaseous or liquid petroleum products - provided they are cathodically protected against corrosion, triple-coated in accordance with accepted pipeline construction standards, and meet applicable material requirements.&lt;br /&gt;
* Natural gas distribution pipe (nominal six-inch (6”) diameter maximum) of polyethylene (PE) plastic, traceable, installed by a horizontal bore method at a minimum depth of seventy-two inches (72”) under ditches and roadways, constructed in accordance with and meeting applicable material requirements.&lt;br /&gt;
* Gas service connections protected and constructed in accordance with and meeting applicable material requirements.&lt;br /&gt;
* Encasement is not required for new trunk sanitary sewer crossings of vitrified clay, reinforced concrete or cast iron except when installation procedures would produce voids in the roadbed, heavy fills, or installations under pressure.&lt;br /&gt;
&lt;br /&gt;
===643.1.4.3 Above Ground or Ground Level Appurtenances===&lt;br /&gt;
Appurtenances protruding more than four inches (4”) above the ground line should be located outside the clear zone. If no feasible alternative exists and if permitted by a variance, appurtenances may be allowed within the clear zone if they meet breakaway criteria or will be shielded by a traffic barrier. Good design practice will provide that appurtenances be located at right of way jogs, along intersecting road right of way, or at other similar acceptable locations, so that encroachment is held to an absolute minimum. Cables, wires, small diameter pipes, and other such utility appurtenances extending from the surface of the ground should be equipped with covers or guards to improve their visibility. Appurtenances within sidewalks or street level pedestrian access routes are to be in conformance with the Americans with Disabilities Act requirements.&lt;br /&gt;
&lt;br /&gt;
The maximum pull box width perpendicular to the right of way line within the utility corridor is thirty inches (30”).&lt;br /&gt;
&lt;br /&gt;
===643.1.4.4 Overhead Utility Facilities===&lt;br /&gt;
The vertical clearance of new or existing overhead installations will not be less than the current minimum requirements of the National Electric Safety Code, but in no case less than eighteen feet (18’) inclusive of sag above the groundline for electrical facilities. Clearance may be reduced for overhead installations of cable, telephone, or fiber optic facilities.&lt;br /&gt;
A minimum radial clearance of twenty-five feet (25’) is provided from any utility facility to the nearest part of any bridge structure. A minimum radial clearance of ten feet (10’) is provided from the nearest charged electrical line to a MoDOT signal, lighting, ITS, or overhead sign structure.&lt;br /&gt;
&lt;br /&gt;
===643.1.4.5 Approved Materials===&lt;br /&gt;
Utility owners are allowed to use any material for underground utility facilities including carrier and encasement provided they accept responsibility for any future repairs and/or replacement of damaged MoDOT facilities should a failure occur. This will allow the use of current technology and procedures to provide the best value to its subscribers and the taxpayers of Missouri. For materials that MoDOT also uses in its highway system, utility owners must provide materials that meet the current [https://www.modot.org/missouri-standard-specifications-highway-construction Missouri Standard Specifications for Highway Construction]. For materials not listed in the Missouri Standard Specifications for Highway Construction, the utility owner should provide documentation of the standards used to determine suitability of the material.&lt;br /&gt;
&lt;br /&gt;
===643.1.4.6 Cutting===&lt;br /&gt;
In the event permission is granted to cut an existing concrete or asphalt pavement or sidewalk, the appropriate provisions below should be followed.&lt;br /&gt;
&lt;br /&gt;
====643.1.4.6.1 Pavement====&lt;br /&gt;
All pavement cuts should be made with a saw to the full depth of the pavement. The width of the cut is typically determined by the width of the trench plus a minimum one foot (1’) on each side of the trench. In the event the distance to any adjacent longitudinal or transverse joint or crack is less than four feet (4’), the pavement must be removed to the joint or crack. Cuts for perpendicular service tie-ins should be a minimum of three feet (3’) wide. Longitudinal main installations are typically cut at a minimum of half the lane width, but in no instance should the cut be along the wheel path of the lane.&lt;br /&gt;
[[File:fig_643.1.6-06_2026.jpg|800px|none|thumb|Figure 643.1.6 Pavement Repair Dimension Requirements.]]&lt;br /&gt;
&lt;br /&gt;
The utility facilities should be placed in a location with the least impact to the roadway. Typically, this leads to placement in the shoulder when available followed by the two-way left turn lane (TWLTL), and then outside lanes before allowing placement in interior through lanes. Lane switching should be kept to a minimum and should not be used to minimize repair sizes. Cuts for mains or service leads that may not be perpendicular to the roadway should be squared-off.&lt;br /&gt;
&lt;br /&gt;
Replacement of cut pavement should be full depth concrete in accordance with the current version at the time of installation of Section 613.10 Full Depth Pavement Repairs of the Missouri Standard Specifications for Highway Construction and the Missouri Standard Plans for Highway Construction. If the area of the pavement repair is not to be fully resurfaced all joints including the overcut from the sawing operation should be filled with an expansive mortar, epoxy, polyester, or joint material as approved by the Engineer in accordance with Section 1057 of the Missouri Standard Specifications for Highway Construction.&lt;br /&gt;
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====643.1.4.6.2 Pedestrian Access Routes====&lt;br /&gt;
All cuts in the pedestrian access routes whether asphalt or concrete should be made by saw and be the full depth of the material. Entire slabs of concrete sidewalk should be removed. Repair of the pedestrian access route must meet Americans with Disability Act requirements, see [[:Category:642_Pedestrian_Facilities|EPG 642]]. Cuts through curb ramps or detectable warning areas are not permitted. Rather the entire curb ramp or detectable warning area must be removed and replaced. MoDOT district ADA contacts can help ensure ADA compliance of impacted pedestrian access routes.&lt;br /&gt;
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===643.1.4.7 Non-disturbance Areas===&lt;br /&gt;
MoDOT has certain areas of right of way where mowing, spraying, digging, or other vegetation disturbance activities are restricted. These areas have been established to mitigate the environmental impacts of a previous project and should be avoided. If the areas cannot be avoided, contact MoDOT’s Environmental Section.&lt;br /&gt;
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==643.1.5 Bridge Attachment Policy==&lt;br /&gt;
No utility facility will be permitted in or on a structure carrying an interstate or other freeway unless it is part of a federal requirement or for MoDOT’s use. When the structure carries any other road type and no other practical means exists for the crossing, wires (communication, electrical, fiber, or metal) will be permitted. Electrical lines must be located to cause minimum exposure to MoDOT maintenance personnel and the public. Pressurized pipelines for gas or other petroleum products and water and all sewer lines are prohibited on all structures due to the risks associated with their failure.&lt;br /&gt;
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===643.1.5.1 Agreement===&lt;br /&gt;
An agreement is required for all utility facilities attached to any structure. A charge will be made for the increased maintenance costs involved. This fee is set by the Bridge Division. When permitted, a 50-year occupational agreement is executed with the utility owner. Agreement BR04 Utility Attachment Agreement is used when an attachment is added to a bridge during its construction. Agreement BR09 Bridge Attachment Agreement is used when an attachment is added to an existing bridge.&lt;br /&gt;
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===643.1.5.2 Requests===&lt;br /&gt;
Requests to attach facilities to structures is a multi-step process. Bridge Division is responsible for approval of the bridge attachment. If at any point in the process, Bridge Division determines the attachment to be unacceptable, a reason is to be provided.&lt;br /&gt;
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To start, the utility owner submits a conceptual request to the district utilities staff. The conceptual request consists of an explanation of the proposal; a general location sketch (i.e., which side of the bridge); and details on the facility, length, and weight per foot when full. The district utilities staff should work with all relevant district personnel including the District Bridge Engineer in reviewing and recommending the attachment. The district utilities staff will submit the recommended details to the Bridge Division to determine the applicable costs including future maintenance costs and for attachments to new bridges, design and construction. Once the Bridge Division has determined the cost, the district utilities staff shares the cost with the utility owner for their concurrence with furthering the process. For new bridges, if the utility owner concurs with the costs, the district utility staff will prepare the BR04 Agreement for execution by the utility owner and the Commission. MoDOT will be responsible for the design and construction of attachments to new bridges. For existing bridges, the district utilities staff will forward the applicable as-built bridge plans to the utility owner for its use in designing the bridge attachment. The utility owner will provide detailed design drawings, signed and sealed by a professional engineer in the State of Missouri, to the district utilities staff for review. The district utilities staff should work with all relevant district personnel, including the District Bridge Engineer, in reviewing and recommending the details of the attachment to the Bridge Division. Once Bridge Division approves, the Bridge Division will prepare the BR09 Agreement for execution by the utility owner and the Commission. The utility owner is responsible for the construction of attachments to existing bridges. A flow chart, [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_7_BridgeAttachementProcess_AOD.pdf EPG Figure 643.1.7], of the process is available.&lt;br /&gt;
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Payment from the utility owner for the attachment will be sent to Financial Services by district utilities staff. For BR04 agreements, district utilities staff should discuss with Financial Services how to get the payment credited to the project constructing the attachment. For BR09 agreements, district utilities staff should copy Bridge Division on correspondence with Financial Serves. Checks should be made payable to Director of Revenue, Credit State Road Fund.&lt;br /&gt;
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For requests from government entities such as cities, counties, and other municipalities, the requested information should be submitted to Bridge Division as described above. However, the district utilities staff will take the lead in preparing the DE10 County Agreement or DE11 Municipal Agreement, as applicable, with input from Bridge Division and Bridge Maintenance. All fees are waived for government entities.&lt;br /&gt;
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===643.1.5.3 Considerations===&lt;br /&gt;
The following considerations are made in determining the acceptability of a bridge attachment. Unique situations will be discussed with the Bridge Division as required.&lt;br /&gt;
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====643.1.5.3.1 Bridge Asset Management Program====&lt;br /&gt;
Requests for bridge attachments should be reviewed for consistency with the district’s upcoming bridge asset management program needs. If a structure is due for rehabilitation or replacement in the near future, information should be provided to the utility owner indicating existing remaining life of the bridge. In some instances, it may be in MoDOT’s best interest to deny the request for attachment outright. In some instances, the utility owner may still choose to pursue the short-term attachment to the existing structure. In almost all cases, the utility owner is responsible for the cost of removing and/or relocating their utility facilities for a necessary repair, widening, improvement or reconstruction of the structure. Review existing agreements for cost responsibility for current attachments.&lt;br /&gt;
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====643.1.5.3.2 Aesthetics====&lt;br /&gt;
In reviewing a request for a bridge attachment, how the structure is viewed by the public will be considered. For example, is the structure over a scenic stream that is extensively used by canoeists, or does the structure span a road that may provide access to a park, campgrounds, or boat launching facilities? Is the structure a grade separation where the motoring public will see the attachment before they pass under it?&lt;br /&gt;
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====643.1.5.3.3 Method of Attachment====&lt;br /&gt;
In order to maintain structural integrity of any structures the following requirements will apply for attachments.&lt;br /&gt;
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=====643.1.5.3.3.1 Welding=====&lt;br /&gt;
Welding of hardware to structural steel members (i.e., flanges, webs, stiffeners, and diaphragms) whether in tension or compression is not permitted.&lt;br /&gt;
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=====643.1.5.3.3.2 Drilling=====&lt;br /&gt;
Drilling holes in any structural steel member is not permitted. Drilling holes for anchors into any prestressed concrete member is not permitted. Although permitted, drilling holes for anchors into the underside of bridge decks must be done with caution. It is recommended all anchors be installed to miss deck reinforcing steel. Generally, drilling into decks will not be allowed where sonotubes were used (voided slab bridges). The depth of the holes should be such that breaking out of the concrete on the top side of the deck does not occur.&lt;br /&gt;
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=====643.1.5.3.3.3 Corrosion=====&lt;br /&gt;
Attachment hardware will be new, properly coated to prevent corrosion or be of a non-corrosive material, and be designed to support the facility.&lt;br /&gt;
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====643.1.5.3.4 Location====&lt;br /&gt;
In general, attachments are made on the underneath side of the bridge deck. The condition of the bridge deck will dictate the location of the attachment supports. An exception may be attachments to trusses or other overhead structures.&lt;br /&gt;
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Attachments that may require manholes in bridge decks are not allowed.&lt;br /&gt;
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When attachments are required to structures over streams that may carry large drifts, they must be attached to the downstream side of the structure and above the lowest superstructure element. It is preferred to locate the attachment on the outside of the exterior girder. If aesthetics are a concern, a better appearance can be achieved by having the attachment made to the inside of the exterior girder and above the bottom of the lower flange to hide the conduit and the attaching hardware.&lt;br /&gt;
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Placement of utilities must not prevent the removal of old paint, the application of new paint on superstructure steel, or cause debris buildup, which could cause structural deterioration.&lt;br /&gt;
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====643.1.5.3.5 Construction and Maintenance====&lt;br /&gt;
If the attachment cannot be built while maintaining one (1) lane of traffic on the structure, it will not be allowed.&lt;br /&gt;
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Construction procedures that severely impact traffic may factor into the allowable location of the attachment on the structure.&lt;br /&gt;
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When scaffolding is to be attached or supported by bridge rails, bridge superstructure, or bridge substructure, the procedures for construction of the attachment must be reviewed.&lt;br /&gt;
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The utility owner or local entity will pay for, or be responsible for, the painting of the attachment, if necessary, when the bridge requires painting.&lt;br /&gt;
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==643.1.6 Private Lines==&lt;br /&gt;
Private lines are permitted to cross the right of way of a highway in the same manner as outlined for all utility facilities in above sections of this article. Parallel installations along the right of way of a highway are not permitted. Special conditions at a specific location that make adherence to this policy impractical will be submitted to the Chief Engineer for consideration of an acceptable alternative. In certain situations, it may be necessary to obtain approval from the Federal Highway Administration (FHWA) before approval to use the alternative can be given to the private utility owner.&lt;br /&gt;
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==643.1.7 Water and Sewer Separations==&lt;br /&gt;
The Missouri Department of Natural Resources (MoDNR) Safe Drinking Water Commission via 10 CSR 60-10 and Clean Water Commission via 10 CSR 20-8 govern the design of water and sewer lines in the vicinity of one another. Basic criteria are outlined below for information, and details are contained within the regulations. MoDOT is not responsible for providing or acquiring adequate right of way for utility owners to comply with MoDNR requirements.&lt;br /&gt;
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===643.1.7.1 Water and Sewer Separations===&lt;br /&gt;
====643.1.7.1.1 Horizontal====&lt;br /&gt;
Sanitary and storm sewers are to be laid at least ten feet (10’) horizontally measured from outside edge to outside edge from any existing or proposed water main. In cases where it is not practical to maintain ten feet (10’) of separation, installation of the water main closer to the sewer is acceptable where the water main is installed in a separate trench or on an undisturbed earth shelf located on one (1) side of the sewer at an elevation so the bottom of the water main is at least eighteen inches (18”) above the top of the sewer.&lt;br /&gt;
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===643.1.7.2 Crossings===&lt;br /&gt;
Water mains are to be laid to provide a minimum vertical distance of eighteen inches (18”) vertically measured outside edge to edge from sanitary or storm sewers. This is the case whether the water main is above or below the sewer. One (1) full length of water pipe must be located so both joints will be as far from the sanitary or storm sewer line as possible. Special structural support for the water main or sanitary or sewer main may be required.&lt;br /&gt;
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===643.1.7.3 Exception===&lt;br /&gt;
When it is impossible to obtain proper horizontal and vertical separation as stipulated, the sewer will be designed and constructed equal to water pipe and will be pressure-tested to assure it is watertight prior to backfilling.&lt;br /&gt;
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===643.1.7.4 Water Supply Interconnections===&lt;br /&gt;
No physical connection is permitted between a public or private potable water supply system and any sanitary or storm sewer or appurtenance that would permit the passage of any sewage or polluted water into the water supply. No water pipe is permitted to pass through or come in contact with any part of a sanitary sewer manhole.&lt;br /&gt;
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===643.1.7.5 Water Works Structures===&lt;br /&gt;
Sewers are not permitted to be installed within fifty feet (50’) in any direction from any existing or proposed public water supply well or other water supply sources or structures.&lt;br /&gt;
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==643.1.8 Variances==&lt;br /&gt;
Occasionally, it is impractical to locate a utility facility in accordance with requirements outlined in this article. MoDOT may consider a utility owner’s request for a variance from these requirements on a case-by-case basis. The utility owner should complete a [https://epg.modot.org/forms/general_files/DE/UtilityVarianceApprovalForm.docx Utility Variance Approval Form] to be submitted to MoDOT for consideration. Variances on the Interstate System require approval of the Federal Highway Administration (FHWA). A flow chart, [https://epg.modot.org/forms/general_files/DE/xx.pdf EPG Figure 643.1.8], of the variance process is available.&lt;br /&gt;
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A variance will not be permitted just for the convenience of the utility owner. The utility owner requesting a variance must provide all necessary information to properly evaluate if a variance should be approved. For example, a utility owner requesting a variance because “the utility corridor is full” must explore all reasonable options. It is suggested that the requestor pothole the existing utility corridor to confirm the location of existing utility facilities and provide that data to support the need to locate outside of the utility corridor due to its congestion.&lt;br /&gt;
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===643.1.8.1 Variance Process===&lt;br /&gt;
Any utility owner of a public utility facility may apply for a variance. The process for requesting a variance is as follows:&lt;br /&gt;
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====643.1.8.1.1 Submittal Requirements====&lt;br /&gt;
Utility owners submit to the district utilities staff a written request for a variance using the [https://epg.modot.org/forms/general_files/DE/UtilityVarianceApprovalForm.docx Utility Variance Approval Form]. The utility owner must clearly show the provision(s) or guideline(s) for which the variance is being requested; the condition(s) which the utility owner believes warrant(s) the granting of a variance; a thorough explanation of the reason(s) for the requested variance, including sufficient and appropriate documentation of safety, aesthetic, or constructability constraints that would be adverse to the function, access, or maintenance of the utility facility and not in the best interest of the public.&lt;br /&gt;
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====643.1.8.1.2 MoDOT Consideration of Variance Request====&lt;br /&gt;
The utility owner bears full responsibility for demonstrating to MoDOT’s satisfaction that the variance is the most appropriate way to serve the public interest. MoDOT may present to the utility owner and the utility owner must consider reasonable alternatives to the variance requested by the utility owner. In determining whether to grant a variance, district utilities staff will consider all relevant factors including, but not limited to: the requested variance is reasonably necessary for the convenience, safety, health, and/or welfare of the public; there is an exceptional or undue burden or hardship on the specific applicant; a physical impracticability that would result from the applicant’s adherence to the normal location requirements; and the requested variance will not impair the safe construction, maintenance, operation, and safety of public travel on the highway. District utilities staff may consult with the Design Liaison Engineer in evaluating variances.&lt;br /&gt;
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====643.1.8.1.3 Approval of Variances====&lt;br /&gt;
Once district utilities staff have agreed to accept a variance proposed by the utility owner, the [https://epg.modot.org/forms/general_files/DE/UtilityVarianceApprovalForm.docx Utility Variance Approval Form] and all supporting documentation is sent to the District Design Engineer (DDE) for approval. If a variance is on interstate right of way, the DDE-signed Variance Request Form and all supporting documentation is forwarded to the Design Liaison Engineer who will forward to FHWA for their concurrence.&lt;br /&gt;
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====643.1.8.1.4 Variance Appeal Informal Hearing====&lt;br /&gt;
If denied a variance, the utility owner has thirty (30) calendar days to request an informal hearing for the purpose of appealing the denial. Requests must be made in writing to the State Design Engineer, Missouri Department of Transportation, P.O. Box 270, Jefferson City, MO 65102. If the utility owner requests an informal hearing, MoDOT’s authorized representative will advise the applicant of the time, date, and place of the hearing. The hearing is not a contested case under RSMo 536. The rules of evidence will not apply at the hearing, and MoDOT’s decision after the conduct of the hearing is not subject to further appeal.&lt;br /&gt;
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==643.1.9 Excess Right of Way==&lt;br /&gt;
Prior to conveyance of excess right of way, the status of utility facilities within said parcel must be addressed. See [[236.5_Property_Management#236.5.12_Excess_Land_Conveyances_&amp;amp;_Relinquishments_–_Regulated_Utilities|EPG 236.5.12]].&lt;br /&gt;
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==643.1.10 Broadband==&lt;br /&gt;
Broadband development in the state of Missouri is handled by the Department of Economic Development (DED). MoDOT shares its approved Statewide Transportation Improvement Program (STIP) project list with DED. All MoDOT policies related to placement of utility facilities within Commission right of way as outlined in this EPG article 643.1 are to be followed.&lt;br /&gt;
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&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643.2 Utilities in Program Delivery &#039;&#039;PAGE TITLE&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt; &lt;br /&gt;
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==643.2.1 Introduction==&lt;br /&gt;
Improvements to the highway system often require negotiation between the Commission and a city, a county, or a public or private utility owner. The Commission’s district utilities staff is responsible for coordination of highway improvement projects with the utility owner’s representative. The impact to a utility, the responsibility for the cost of adjustments necessary to allow highway construction, the plan of adjustment of the utility, the responsibility of performance of work on utility facilities, and the schedule of the utility adjustment are all items that vary depending on the project and should be investigated and negotiated to ensure highway improvement projects are delivered on-time and on-budget. These should comply with Commission policy. A flowchart [link here] outlining all the utility adjustment processes (reimbursable and non-reimbursable relocations, Master Reimbursable Utility Agreements and Project Specific Agreements, etc.) are available in the list of figures at the top of the page. These processes will not always be in combination, but each should be considered with each project.&lt;br /&gt;
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The district utilities staff, in conjunction with the Transportation Project Manager (TPM), is expected to invite and encourage participation of utility owner representatives in MoDOT project meetings as needed.&lt;br /&gt;
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When a project involves utility adjustments for which the Commission is responsible for costs, the TPM should program the costs of the utility adjustments as non-contractual construction costs in the STIP Information Management System (SIMS).&lt;br /&gt;
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==643.2.2 Annual Utility Meeting==&lt;br /&gt;
Each district should hold an annual meeting with utilities to discuss current STIP projects in the district. The annual meeting should be held during each year&#039;s STIP preparations, ideally between January and May. All utility owners that have utility facilities in the district should be invited. The intent is to provide the utility owners with an idea of upcoming projects to allow them the opportunity to plan and budget for potential adjustments of their utility facilities, identify both MoDOT and utility roadblocks, and develop action plans to complete utility adjustments better, faster, and cheaper.&lt;br /&gt;
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==643.2.3 Determination of Existing Utilities==&lt;br /&gt;
District utilities staff should determine the appropriate level of effort needed to accurately identify existing utilities within the footprint of a proposed highway construction project. Aboveground utilities are easily identifiable via field checks; however, determination of the precise location of underground utilities can be more challenging and time consuming. Therefore, the district utilities staff should balance the risk of conflict with the highway construction project against the level of effort needed to determine the location.&lt;br /&gt;
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The level of effort on mapping utilities is dependent on the scope of the project and the potential for utilities having an impact on the construction of the project. The project schedule should include the time to complete this task accurately. The time and effort necessary for having accurate locates requires close interaction with the utility locators. Early contact with utility owner representatives may be necessary to accurately locate underground utility facilities.&lt;br /&gt;
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Various methods of determining existing underground utilities result in different levels of quality. ASCE Standard 38 Standard Guidance for Investigating and Documenting Existing Utilities classifies four levels of quality:&lt;br /&gt;
:1. Quality Level D: QL-D is the most basic level of information for utility locations. It comes solely from existing utility records or verbal recollections, both typically unreliable sources. It may provide an overall &amp;quot;feel&amp;quot; for the congestion of utilities but is often highly limited in terms of comprehensiveness and accuracy. QL-D is useful primarily for project planning and route selection activities.&amp;lt;br&amp;gt;&lt;br /&gt;
: Missouri 811 or “private-locate” markings are to be considered to be QL-D.&lt;br /&gt;
:2. Quality Level C: QL-C is probably the most used level of information. It involves surveying visible utility facilities (e.g., manholes, valve boxes, etc.) and correlating this information with existing utility records (QL-D information). When using this information, it is not unusual to find that many underground utilities have been either omitted or erroneously plotted. Therefore, its usefulness is primarily on rural projects where utilities are not prevalent or are not too expensive to repair or relocate.&lt;br /&gt;
:3. Quality Level B: QL-B involves the application of appropriate surface geophysical methods to determine the existence and horizontal position of virtually all utilities within the project limits. This activity is called &amp;quot;designating&amp;quot;. The information obtained in this manner is surveyed to project control. It addresses problems caused by inaccurate utility records, abandoned or unrecorded utility facilities, and lost references. The proper selection and application of surface geophysical techniques for achieving QL-B data is critical. Information provided by QL-B can enable the accomplishment of preliminary engineering goals. Decisions regarding location of storm drainage systems, footers, foundations, and other design features can be made to avoid conflicts with existing utilities. Slight adjustments in design can produce substantial cost savings by eliminating utility relocations.&lt;br /&gt;
:4. Quality Level A: QL-A, also known as &amp;quot;locating or potholing&amp;quot;, is the highest level of accuracy presently available and involves the full use of the subsurface utility engineering services. It provides information for the precise plan and profile mapping of underground utilities through the nondestructive exposure of underground utilities, and provides the type, size, condition, material, and other characteristics of underground features.&lt;br /&gt;
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For projects with scopes that have potential for utility conflicts, the minimum level of effort required is SUE Quality Level D. Locations of existing utilities are determined by requesting locates through Missouri 811, also known as the “One-Call” process. Missouri 811 locating requests should be carefully considered for the scope of work of the project. When necessary, the location of existing utilities should be established by a field survey of locate markings and features and shown on the roadway plans. Higher level SUE Quality Levels can be used on any project. Adjustment cost savings, whether to the MoDOT or to the utility owner, are beneficial to the taxpayer. Good SUE projects are typically urban in nature, or in congested areas, where the project footprint is to be minimized, or anytime accurate vertical and horizontal location of the utility facility might allow a design to avoid the utility facility thus preventing the need for the adjustment. The SUE process combines civil engineering, surveying, and geophysics. It utilizes several technologies, including vacuum excavation and surface geophysics.&lt;br /&gt;
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When proposed excavation or installation of subsurface features (drainage, equipment bases, etc.) falls within three feet (3’) of a marked Missouri 811 line, soft digging (hand digging, potholing, vacuum methods, pressurized air/water jetting, pneumatic hand tools, etc.) is required to more exactly locate the utility facility both horizontally and vertically. Utility facilities present within the right of way by permit, should be investigated by the utility owner. Utility facilities that would be reimbursable or partially reimbursable as defined in EP 643.2.8 will be investigated by MoDOT.&lt;br /&gt;
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==643.2.4 Conflict Determination==&lt;br /&gt;
Determination of whether a conflict exists between an existing utility facility and a proposed highway improvement project should occur at the earliest possible stage of project development. A conflict may be the result of the physical interaction between the roadway infrastructure and utility facility, a reduction in cover or increase in fill over underground utilities, a reduction in horizontal clearance whether above or below ground, a reduction in overhead vertical clearance, paving over utilities, or restricting a utility owner’s access to its utility facilities. District utilities staff should work with utilities to determine if a conflict exists and the appropriate plan of adjustment to remedy the conflict. The adjustment to the utility may be a relocation or another measure that protects the utility or access to the utility from the proposed highway improvement project. Determination of a conflict needs to be continually re-evaluated as the project design progresses. Continuing coordination is essential.&lt;br /&gt;
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==643.2.5 Utility Plan of Adjustment==&lt;br /&gt;
===643.2.5.1 Request for Plan of Adjustment===&lt;br /&gt;
District utilities staff will request a plan of adjustment from utility owners whose utility facilities are in conflict with a proposed highway project. The plan of adjustment may consist of efforts to relocate the utility or otherwise protect a utility from the impacts of the proposed highway project. Utilities are shown on the roadway plan and profiles sheets that are furnished to utility owners for use in planning required utility adjustments. Any other sheets such as drainage, traffic signal, lighting, or ITS plans that show impacts to a utility facility should also be provided to the utility owners. All adjustments, reimbursable or not, require a plan of adjustment furnished by the utility owner.&lt;br /&gt;
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A transmittal letter is included in the request for a plan of adjustment. The letter informs the utility owner that regardless of whether an adjustment is reimbursable, no physical adjusting or relocating of their utility facilities to accommodate the proposed highway improvement is to be performed without specific approval and authorization. Additionally, if any part of the adjustment has the potential to be reimbursable, they are advised:&lt;br /&gt;
# They may undertake preliminary engineering by their own forces upon approval by district utilities staff of the estimated costs of preliminary engineering.&lt;br /&gt;
# They may employ a consultant to do the PE work provided they request and obtain prior approval. See [[#643.2.6_Preliminary_Engineering_Requirements|EPG 643.2.6 Preliminary Engineering Requirements]].&lt;br /&gt;
# Any preliminary engineering costs accrued prior to the date of written authorization to proceed will not qualify for reimbursement.&lt;br /&gt;
# Replacement right of way or easements cannot be purchased without specific approval and authorization.&lt;br /&gt;
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===643.2.5.2 Proposed Plan of Adjustment===&lt;br /&gt;
Developing a plan of adjustment is a multi-step process. The utility owner will propose a conceptual approach to adjusting the utility facilities to allow highway construction. This conceptual approach is used as the basis for determining cost responsibility, estimate of costs for preliminary engineering and construction, developing the agreement if necessary, and final design of the adjustment. Negotiations between district utility staff and the utility owner’s representative can result in changes to the design throughout the process.&lt;br /&gt;
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Final plans of adjustment must contain a legend on the first sheet identifying the utility symbols used. They must also show the existing utility facilities and their disposition, the location of the new or adjusted utility facilities, the existing and new right of way lines, the limited or fully controlled access symbols (where applicable), the existing and proposed roadways, ramps, and outer roadways and any other pertinent roadway information. They must contain sufficient details concerning location, elevation, compaction, clean up, etc. to provide for the proper adjustment of the utility facility. Relocated and/or existing utility facilities that will remain in place must be dimensioned or indicated in a manner to show their location in respect to the right of way lines. It is preferred that the utility owner transmits the plan of adjustment by electronic deliverables in a format that can be incorporated into the roadway plans. This will reduce the time and effort necessary as well as increase the accuracy of transferring this information into the roadway plans.&lt;br /&gt;
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Plans of adjustment received from the utility owner are to be checked for compliance with MoDOT’s requirements ([[#643.1_Utilities_Location|EPG 643.1 Utility Location]]) by the district utilities staff. They are also checked to ensure compatibility with the roadway design. Any continuing conflicts are resolved through negotiations with the utility owner.&lt;br /&gt;
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Occasionally, it is impractical to perform a utility adjustment in accordance with MoDOT’s requirements. Sometimes the utility may request approval of a plan of adjustment that does not conform to these requirements. Deviation from MoDOT’s utility requirements is a variance. Refer to [[#643.1.8_Variances|643.1.8 Variance Process]] for additional guidance.&lt;br /&gt;
The final plan of adjustment is included as Exhibit “A” to the agreement ([[#643.2.12_Utility_Agreements|EPG 643.2.12 Agreements]]).&lt;br /&gt;
&lt;br /&gt;
==643.2.6 Preliminary Engineering Requirements==&lt;br /&gt;
Preliminary engineering (PE) can be performed one of four ways for utility adjustments:&lt;br /&gt;
# The utility owner can use its own engineering forces.&lt;br /&gt;
# MoDOT can select an engineering consultant, after consultation with the utility owner, and the consultant contract will be administered by MoDOT.&lt;br /&gt;
# The utility owner can select an engineering consultant, with approval by MoDOT, and the consultant contract will be administered by the utility owner.&lt;br /&gt;
# If a utility adjustment is being included in a MoDOT administered construction contract, the preliminary engineering of the adjustment can be provided by MoDOT.&lt;br /&gt;
&lt;br /&gt;
For reimbursable utility adjustments, the amount paid to engineers, architects, and others for required engineering and allied services can be included in reimbursement amount provided such amounts are not based on a percentage of the costs of the necessary adjustments to allow highway construction. Reimbursement is available for contracts executed after solicitation of a consultant for the specific adjustment or existing continuing contracts when it is demonstrated that such work is performed regularly for the utility owner in its own work and that the costs are reasonable.&lt;br /&gt;
&lt;br /&gt;
A [https://epg.modot.org/forms/general_files/DE/UtilityConsultantContractChecklist.docx checklist is available for reviewing consultant-engineering contracts] to ensure the contract conforms to MoDOT policy and complies with applicable federal regulations. District utilities staff should use the checklist to review contracts and may consult with Audits and Investigations Division as necessary. The procedures in 23 CFR part 172, Administration of Engineering and Design Related Service Contracts may be used as a guide for reviewing proposed consultant contracts. [[:LPA:136.4_Consultant_Selection_and_Consultant_Contract_Management|EPG 136.4 Consultant Selection and Consultant Contract Management]] may also be used as a guide.&lt;br /&gt;
&lt;br /&gt;
===643.2.6.1 Solicited Consultant Contracts===&lt;br /&gt;
If solicitation of PE services is required for reimbursable utility adjustments, the utility owner must provide the following documents and information to district utilities staff. These documents need to be provided as soon as the utility owner has chosen to solicit a consultant. Document 1 must be supplied by all utility owners. Documents 2 and 3 are only required when the utility owner is a local government agency who is also a political subdivision of the state of Missouri (e.g., city-owned utilities, county-owned utilities). All other utility owners are encouraged, but not required, to provide Documents 2 and 3:&lt;br /&gt;
# A statement that the utility owner is not staffed or able to perform the required PE services with its own forces.&lt;br /&gt;
# Provide the names of at least three (3) consultants considered.&lt;br /&gt;
# The criteria used to evaluate each consultant and reasons why the selected consultant was selected.&lt;br /&gt;
&lt;br /&gt;
The following documents need to be provided as soon as the utility owner has successfully negotiated and entered into a contract with the consultant:&lt;br /&gt;
# The name and address of the selected consultant.&lt;br /&gt;
# A statement that the &amp;quot;[https://epg.modot.org/forms/general_files/DE/CertificationOfConsultant.docx Certification of Consultant]&amp;quot; will be furnished immediately upon award of the contract to the consultant.&lt;br /&gt;
# One executed copy of the proposed engineering contract or agreement between the utility owner and consultant, only if the engineering will exceed $5,000.00.&lt;br /&gt;
# The consultant&#039;s fixed (lump sum) or estimated fee (actual cost) and the contract maximum.&lt;br /&gt;
# A cost summary providing a detailed breakdown of the basis for the consultant&#039;s compensation, including estimated labor hours, hourly rates for each classification, overhead rate (if used), the amount of profit charged, and any other estimated charges such as travel expenses, equipment rentals, etc. If an overhead rate is used, the consultant must also submit the supporting overhead rate calculations.&lt;br /&gt;
# An independent cost estimate of engineering services provided by the utility owner to use in comparison to the consultant’s proposed engineering services to check for cost reasonableness.&lt;br /&gt;
&lt;br /&gt;
===643.2.6.2 Continuing Consultant Contracts===&lt;br /&gt;
When a utility owner chooses to use an existing continuing contract for PE services, the utility owner must provide the following documents and information to the district utilities staff as soon as possible.&lt;br /&gt;
# A statement that the utility owner is not staffed or able to perform the engineering with its own forces.&lt;br /&gt;
# The name and address of the consultant under the existing continuing contract.&lt;br /&gt;
# A statement that the &amp;quot;[https://epg.modot.org/forms/general_files/DE/CertificationOfConsultant.docx Certification of Consultant&amp;quot;&amp;quot; will be furnished.&lt;br /&gt;
# A copy of the continuing contract to the district utilities staff. The district utilities staff will review the contract for reasonableness of cost.&lt;br /&gt;
# The consultant&#039;s fixed (lump sum) or estimated fee (actual cost) and the contract maximum for the work associated with the utility adjustment.&lt;br /&gt;
# A cost summary providing a detailed breakdown of the basis for the consultant&#039;s compensation, including estimated labor hours, hourly rates for each classification, overhead rate (if used), the amount of profit charged, and any other estimated charges such as travel expenses, telephone, etc. If an overhead rate is used, the consultant must also submit the supporting overhead rate calculations.&lt;br /&gt;
# An independent cost estimate of engineering services provided by the utility owner to use in comparison to the consultant’s proposed engineering services to check for cost reasonableness.&lt;br /&gt;
&lt;br /&gt;
===643.2.6.3 Consultant Contract Changes===&lt;br /&gt;
If a PE services contract between a utility owner and a consultant needs to be revised, a copy of the revised contract, fee, and schedule should be submitted by the utility owner to the district utilities staff prior to allowing for contract changes. District utilities staff should review the contract changes to ensure the revised contract conforms to MoDOT policy and complies with applicable federal regulations.&lt;br /&gt;
&lt;br /&gt;
==643.2.7 Environmental and Right of Way==&lt;br /&gt;
===643.2.7.1 Utilities and Environmental Clearances===&lt;br /&gt;
District utilities staff should coordinate with the TPM and utility owner’s representative to understand and communicate on known environmental and cultural constraints that could impact a utility owner’s plan of adjustment. This will allow the utility owner to consider permitting timelines and alternatives that avoid environmental or cultural resources to keep the project on schedule.&lt;br /&gt;
&lt;br /&gt;
One strategy to make project delivery more efficient and ensure regulatory compliance is for MoDOT to obtain the environmental and cultural resource permits and clearances for the utility owners associated with a roadway improvement while obtaining its own. This would generally only be for the permits and regulatory clearances MoDOT already needs to pursue as a part of the transportation improvement.&lt;br /&gt;
&lt;br /&gt;
District utilities staff should coordinate with the utility owner’s representative early in the project timeline to determine if it is in the best interest of both MoDOT and the utility owner to obtain permits and environmental clearances jointly. The following strategies can be utilized to determine if a joint approach to environmental work should be pursued:&lt;br /&gt;
* If utility facilities are moving to a location within or immediately adjacent to MoDOT right of way, a utility owner may be invited to participate in permitting and environmental compliance activities.&lt;br /&gt;
* If utilities move to a location not within or adjacent to MoDOT right of way, the utility company would not normally be invited to participate in permit applications and environmental compliance activities. However, some unique projects may necessitate further attention and should be discussed with the Design Liaison Engineer.&lt;br /&gt;
&lt;br /&gt;
If MoDOT and the utility owner agree to obtain joint permits and clearances, written communication between the utility owner’s representative and the district utilities staff should document the following items:&lt;br /&gt;
* List of the permits and clearances that MoDOT will acquire on behalf of the utility owner.&lt;br /&gt;
* List of the information needed from the utility owner in order for MoDOT to acquire the permits and clearances.&lt;br /&gt;
* Schedule and deadlines for submittal of the information by the utility owner. For example: utility plans, fill quantities, construction methods, dates, or seasons of construction.&lt;br /&gt;
&lt;br /&gt;
Permits and clearances that may be needed by both a utility owner and MoDOT include:&lt;br /&gt;
* [[127.7_Threatened_and_Endangered_Species|Endangered Species Act consultation and clearance]]&lt;br /&gt;
* [[127.2_Historic_Preservation_and_Cultural_Resources#127.2.1.1_Historic_Preservation_Regulations_and_Laws|Section 106 of the National Historic Preservation Act clearance]]&lt;br /&gt;
* [[127.10_Section_4(f)_Public_Lands|Section 4(f) clearance]]&lt;br /&gt;
* [[127.10_Section_4(f)_Public_Lands#127.10.1.4_Section_6(f)_Laws_and_Regulations|Section 6(f) of the Land and Water Conservation Fund Act clearance]]&lt;br /&gt;
* [[127.4_Wetlands_and_Streams|Section 401 and Section 404 of the Clean Water Act permits]]&lt;br /&gt;
* [[:Category:806_Pollution,_Erosion_and_Sediment_Control#806.1_Introduction_(see_Sec._806)|Section 402 of the Clean Water Act permit (State Operating Permit for Erosion Control)]]&lt;br /&gt;
* [[127.8_Hazardous_and_Solid_Waste|Recommendations on contaminated soil disposition]]&lt;br /&gt;
&lt;br /&gt;
===643.2.7.2 Right of Way Acquisition and Utilities===&lt;br /&gt;
The Commission is obligated to acquire the width of right of way required by the design of the highway improvement. For utility facilities currently located within the Commission’s right of way, this includes the necessary space for the utility facilities impacted by the design of the highway improvement. Either additional right of way width to accommodate a utility corridor or a utility easement can be obtained for the relocation of utility facilities. When drainage easements are acquired along a channel, additional space for utility facilities should be considered to avoid conflicts between the utility facility and the bridge or culvert.&lt;br /&gt;
&lt;br /&gt;
District utilities staff should inform the utility owner’s representative of the potential of a conflict between an existing utility facility and a proposed highway construction project early in the project development process to allow sufficient time for the utility owner to prepare a plan of adjustment and notify the district utilities staff of any easement needs. When utility facilities are located on a utility owner’s private easement, the utility owner may obtain its own new easements. If the utility owner is not in a position to negotiate for new easements or if the utility owner’s policies will not permit it to condemn property to obtain the easement, MoDOT can acquire the easement in the same manner roadway right of way is obtained. The district utilities staff should verify the utility owner is aware of the opportunity to have MoDOT acquire the easement, and the utility owner should provide written documentation on whether the utility owner would like to pursue this option with MoDOT.&lt;br /&gt;
&lt;br /&gt;
For situations where the utility owner will obtain its own replacement right of way and the cost of the adjustment is MoDOT’s responsibility, the utility right of way cost should be reviewed by the district right of way department to ensure the cost is reasonable and acquisition followed state and federal regulations. In order to expedite utility adjustments necessary to allow highway construction, the district utility staff may authorize the utility owner to obtain easements prior to all details of a plan of adjustment being developed. In this situation, the district utilities staff should ensure enough details are known to justify the needed right of way, and an agreement for right of way costs only should be executed with the utility owner.&lt;br /&gt;
&lt;br /&gt;
For situations where MoDOT will obtain the right of way necessary to allow highway construction, district utility staff should negotiate with the utility owner’s representative to ensure all necessary utility easements are shown on the approved right of way plans. The TPM should confirm with district utilities staff that the right of way plans accurately reflect the needs of the utility owners prior to requesting right of way plan approval. The district Right of Way Manager should confirm with district utilities staff before requesting an acquisition date (A-date). Every effort should be made to avoid adding utility easement requests once negotiations with property owners have begun.&lt;br /&gt;
&lt;br /&gt;
Occasionally, when negotiations cannot be completed for easements for the adjustment of utility facilities, it may be necessary to condemn for the property. District utilities staff should coordinate with the utility owner’s representative to ensure no alternate design for the adjustment of the utility facility is practical. The decision to condemn for easements for the adjustment of the utility facilities requires the exercise of good judgment in reaching the conclusion that further good faith negotiations are futile and condemnation is necessary to maintain the project in the scheduled letting. The TPM should coordinate with the district utilities staff and district Right of Way (RW) personnel on the condemnation proceedings.&lt;br /&gt;
&lt;br /&gt;
Easement and other right of way documents used with utility owners are handled in accordance with procedures established jointly with RW and district utilities staff. District survey staff prepare the land descriptions for use in utility easements. The district utilities staff is responsible for completion of the easements in the correct form and scope. A sketch delineating the area described is attached to the easement as Exhibit “A”. Communication with the Design Division will ensure use of proper forms, corporate names and locations, and particular wording required for joint ownerships. The description for a utility easement is to be referenced to the nearest land corner shown on the plans. Examples of easements can be found in the template list in [https://netprod3.dot.missouri/eAgreements/Search/QuickSearch eAgreements].&lt;br /&gt;
&lt;br /&gt;
In situations where MoDOT is acquiring right of way with existing utility easements, but the district utilities staff and the utility owner’s representative agree that the utility facility may remain in place, the utility owner will release the property to the Commission separate from the right of way acquisition. This is done by executing an Easement for Highway Construction (UT16). The utility owner grants and conveys, with warranty of title expressed or implied, to the Commission, the right to construct, reconstruct, and maintain a highway over and across that portion of the easement owned and held by the utility owner. In the future, the utility owner retains any reimbursable rights should future projects require adjustments to allow highway construction.&lt;br /&gt;
&lt;br /&gt;
==643.2.8 Cost Responsibility==&lt;br /&gt;
In addition to determining if a conflict exists between an existing utility facility and a highway improvement project, it is important to determine who is responsible for the costs of the necessary adjustments to allow highway construction. An adjustment for which the Commission is responsible for the costs is known as a reimbursable adjustment. An adjustment for which the Commission is not responsible for the costs is known as a non-reimbursable adjustment. An adjustment for which the Commission and the utility share responsibility for costs is known as a partially reimbursable adjustment. Adjustments determined to be reimbursable or partially reimbursable by the Commission are to be completed under the terms of an agreement executed between the utility owner and the Commission.&lt;br /&gt;
&lt;br /&gt;
===643.2.8.1 Commission Responsibility===&lt;br /&gt;
====643.2.8.1.1 Utility Facilities Located on Private Easements====&lt;br /&gt;
When the utility facility is located on a private easement within the new right of way to be acquired for a future project, the Commission is responsible for the cost of the necessary adjustments to allow highway construction. It may be possible that such easement does not have written easement rights. The Commission will honor this oral right provided acceptable documentation is provided by the utility owner to the district utilities staff. An [https://epg.modot.org/forms/general_files/DE/NonwrittenEasementRights_Example.docx example of acceptable documentation for not written easement rights] is available. Other forms of documentation will be considered on an individual basis.&lt;br /&gt;
&lt;br /&gt;
=====643.2.8.1.1.1 Future Moves=====&lt;br /&gt;
When the utility facility is located on a private easement, taken into the Commission’s right of way, the Commission may agree that any future moves of the same utility by Commission order may be made at the Commission’s cost. Documentation of this agreement is by an Easement for Highway Construction (UT16) agreement. If the Commission provides a substitute private easement, then the Commission will have future obligations consistent with the utility facility’s status in an easement.&lt;br /&gt;
&lt;br /&gt;
====643.2.8.1.2 Utility Facilities Located within Commission Right of Way====&lt;br /&gt;
When the utility facility is located within Commission right of way, but has prior land rights, the Commission is responsible for the cost of adjustments to allow highway construction. The utility owner is responsible for documenting to the satisfaction of the district utilities staff, the basis for the claim of prior land rights within Commission right of way. Time spent researching prior rights is considered coordination and is reimbursable.&lt;br /&gt;
&lt;br /&gt;
====643.2.8.1.3 City or County Utility Facilities on City or County Streets====&lt;br /&gt;
When roadway improvements are within the corporate limits of cities, towns, and villages, a municipal agreement is negotiated between the Commission and the municipality. Likewise, when roadway improvements are within the limits of a county and outside the municipal limits, a county agreement is negotiated between the Commission and the County Commission. Included in these agreements are provisions regarding reimbursement for adjusting city or county owned utility facilities. Reimbursement is provided for adjustment of city or county owned utility facilities that are now located on city or county streets and not on Commission right of way.&lt;br /&gt;
&lt;br /&gt;
====643.2.8.1.4 Lumen====&lt;br /&gt;
Lumen – National (formerly CenturyLink, Lightcore, or Digital Telephone, Inc. (DTI)) and the Commission have entered into a partnership agreement, “Amended and Restated Fiber Optic Cable on Freeways in Missouri,” executed June 5, 2003 which obligates the Commission to be responsible for the cost of the necessary adjustments to allow highway construction along the routes identified in the agreement. A copy of the agreement is available to district utilities staff.&lt;br /&gt;
&lt;br /&gt;
====643.2.8.1.5 Services to the Commission====&lt;br /&gt;
When a utility facility provides a service connection to local Commission facilities such as power to traffic signals, lighting, ITS, and cathodic protection and phone drops to traffic signal controllers or other Commission facilities, the Commission is responsible for the cost of the necessary adjustments to allow highway construction.&lt;br /&gt;
&lt;br /&gt;
====643.2.8.1.6 Private Service Lines====&lt;br /&gt;
While most utility owners reconnect the private service lines at no cost to the property owner, some do not. If a utility owner does not reconnect service lines, MoDOT can include adjustment of private service lines in roadway contracts. Bid items for relocating service connections are provided for the different types of anticipated adjustments.&lt;br /&gt;
&lt;br /&gt;
====643.2.8.1.7 Second Moves====&lt;br /&gt;
If the Commission requires additional work to a utility facility after the facility has been relocated or adjusted in accordance with a plan of adjustment approved by the Commission for a single project number, the Commission is responsible for the cost of the additional work regardless of whether the initial adjustment was Commission responsibility as outlined in other parts of [[643.2_Local_Utility_Adjustments_-_Public_and_Private#643.2.8.1_Federalizing_Funds_for_Preliminary_Engineering|643.2.8.1]].&lt;br /&gt;
&lt;br /&gt;
The purpose of the policy is to encourage utilities to relocate early rather than waiting until plans are published for bidding. The policy eliminates the utility having to relocate twice at its own expense because of late changes in the design. It is best to have utilities relocated prior to construction, and this policy helps achieve that goal. Therefore, it is imperative that the designer notifies district utilities staff as soon as possible of any changes made after these plans have been sent. If notified immediately, it may be possible to inform the utility owner prior to their final design thereby eliminating a second move.&lt;br /&gt;
&lt;br /&gt;
Under this policy, the following are not considered second moves. Temporary and staged relocations necessary to accommodate construction and agreed upon by the utility and the Commission prior to relocation are considered a single move and are not subject to the provisions of the second move policy. If the Commission requires adjustment of a utility facility for which the utility owner is responsible for the cost of the adjustment and was originally determined to not need adjustment, the utility owner is responsible for the cost of the adjustment. The utility owner is responsible for the cost of additional work to any portion of the utility facility after the utility facility has been adjusted in accordance with a plan of adjustment approved by the Commission if the additional work is required by the Commission due to error by the utility owner in preparation of plan of adjustment, field location of, or construction of the adjustment of the utility facility.&lt;br /&gt;
&lt;br /&gt;
When evaluating construction contract changes by change order or value engineering, the impacts of the second move policy should be considered.&lt;br /&gt;
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===643.2.8.2 Utility Owner Responsibility===&lt;br /&gt;
====643.2.8.2.1 Utility Facilities Owned and Operated by a Political Subdivision====&lt;br /&gt;
When a utility facility is located within Commission right of way, but does not have prior land rights, the utility owner is responsible for the cost of the necessary adjustments to allow highway construction. When a utility facility is located on public right of way other than Commission right of way, the utility owner is responsible for the cost of the necessary adjustments to allow highway construction.&lt;br /&gt;
&lt;br /&gt;
When a political subdivision must bear part or all the cost of adjustments to their utility facilities, and the cost creates a financial hardship, the Commission, by its authorized representative, the Chief Engineer, may temporarily assume these costs. A payback agreement with the political subdivision will include an applicable interest rate for a comparable maturity from a widely published index of tax-exempt municipal rates obtained from Financial Services. Payback time will not exceed five (5) years.&lt;br /&gt;
&lt;br /&gt;
====643.2.8.2.2 Utility Facilities Other Than Those Owned by a Political Subdivision====&lt;br /&gt;
When a utility facility is on the right of way of a public road or street or on state highway right of way without prior land rights and adjustment is necessary to allow for the construction of a roadway improvement, the utility owner is responsible for the cost of the necessary adjustments to allow highway construction.&lt;br /&gt;
&lt;br /&gt;
===643.2.8.3 Shared Responsibility===&lt;br /&gt;
When a utility facility is located such that portions of it are a Commission responsibility and portions of it are a utility owner responsibility by the definitions above, the costs of the necessary adjustments to allow highway construction will be split by the Commission and the utility owner. If the exact cost for each party can be determined, each party will be responsible for their portion of the cost of relocating the utility facility. If the exact cost for each party cannot be determined, the parties will arrive at a percentage reimbursement on an equitable basis.&lt;br /&gt;
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===643.2.8.4 Notice of Hearing===&lt;br /&gt;
When relocation or other difficulties with utility facilities on public right of way arise that prevent resolution by negotiation, formal hearings will be required.&lt;br /&gt;
&lt;br /&gt;
The district initiates a request for a utility relocation hearing with a letter to the Chief Counsel’s Office (CCO) (a copy is provided to the Design Division) requesting a hearing date. CCO will arrange for a hearing room, court reporter, etc. and advise the district of the hearing date.&lt;br /&gt;
&lt;br /&gt;
The district will prepare the notice of hearing by strictly following the given format and serve the notice on all persons and utility owners listed. The property and utility owner must be served only by personal service or by mailing a certified letter, return receipt requested, no later than 15 days before the date of hearing. This will require the district to make every effort to identify the correct property owner before preparing the notice of hearing. To avoid delays, every attempt will be made to issue the hearing notice at least 30 days prior to the hearing date in case any property has changed ownership and any additional property owners must be served. A notice of hearing on service line connections will also be served on the private or public owner of the main or distribution line to which the service lines are connected. A notarized &amp;quot;Report of Personal Service&amp;quot; will be completed when notification by certified mail is not used.&lt;br /&gt;
&lt;br /&gt;
One copy of the hearing notice and attachments, &amp;quot;Report of Personal Service&amp;quot; and certified mail notices are to be submitted to CCO after notification is complete.&lt;br /&gt;
&lt;br /&gt;
Prior to the hearing, the district&#039;s representative will become familiar with the details of the utility adjustment in order to provide concise testimony to expedite the hearing process. CCO will assign an attorney to work with the district and present the case.&lt;br /&gt;
&lt;br /&gt;
Refer to 7 CSR 10-3.030 020 Utility Relocation Hearings for additional information.&lt;br /&gt;
&lt;br /&gt;
A Waiver of Hearing should be obtained for non-reimbursable adjustments to document the commitment of the utility owner to adjust its utility facilities without adversely impacting the highway construction project. This may be accomplished informally via written communications between the district utilities staff and the utility owner’s representative. A [https://epg.modot.org/forms/general_files/DE/WaiverOfHearingForm.docx formal Waiver of Hearing statement] may be requested by either MoDOT or the utility owner. A [https://epg.modot.org/forms/general_files/DE/WaiverOfHearingLetter.docx sample transmittal letter for the Waiver of Hearing] is available. For reimbursable or partially reimbursable adjustments, the formal agreement serves as the basis of documentation of this commitment.&lt;br /&gt;
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==643.2.9 Estimates==&lt;br /&gt;
District utilities staff will negotiate with utility owners to determine reimbursable costs of the necessary adjustments to allow highway construction ([[#643.2.8_Cost_Responsibility|EPG 643.2.8 Cost Responsibility]]). These estimates are prepared in accordance with the provisions of 23 CFR 645 and any amendment thereto. These estimates must reflect the same procedures and costs used by the utility owners in their normal operations and must also accurately represent the expected costs of the work. The utility owner’s estimate will be reviewed by the district utilities staff to ensure compliance with 23 CFR 645.&lt;br /&gt;
&lt;br /&gt;
===643.2.9.1 Independent Cost Estimate===&lt;br /&gt;
The independent cost estimate provides the basis for district utilities staff to review the utility owner’s estimate of costs of the necessary utility adjustments to allow highway construction and any subsequent negotiations with the utility owner. The district utilities staff should prepare an independent cost estimate. The independent cost estimate may be based on unit prices of anticipated items of work in a utility adjustment necessary to allow highway construction. The independent cost estimate alternately may be based on recent similar types of utility adjustments necessary to allow highway construction and scaled for size. Consultants can be used to develop the independent cost estimate. All documentation of the independent cost estimate should be placed in MoProjects.&lt;br /&gt;
&lt;br /&gt;
===643.2.9.2 Type of Project Cost Estimates===&lt;br /&gt;
Either Actual Cost or Lump Sum estimates may be used for estimating the costs on the necessary utility adjustments to allow highway construction. If an Actual Cost estimate is used, detailed records of materials, labor, and equipment are made by district utilities and/or construction staff during construction, and a final audit of the utility owner’s cost records is made to determine the Commission’s actual responsibility for costs of the adjustment completed to allow highway construction. If a Lump Sum estimate is used, a final audit of costs for an adjustment in payment is not required. The Actual Cost method requires more detailed record keeping and documentation by the utility owner and district staff during construction. The Lump Sum method requires more upfront detail and work by the utility owner and judgment on the district utilities staff on the acceptability of the cost. The district utilities staff will work with the utility owner’s representative to determine the best type of estimate and therefore agreement to use.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.2.1 Actual Cost Estimate====&lt;br /&gt;
The cost estimate that supports the actual cost agreement is prepared in sufficient detail to determine the reasonable expected cost of the work to support development of an agreement between the utility owner and the Commission. However, reimbursement is based on the actual costs of design and construction of the necessary adjustment to allow highway construction. The actual cost estimate should detail all costs of the necessary adjustment to allow highway construction, even if the Commission is only responsible for a portion of the costs as detailed in EPG [[#643.2.8.3_Shared_Responsibility|643.2.8.3 Shared Responsibility]].&lt;br /&gt;
&lt;br /&gt;
Actual cost estimates can be used for any dollar amount of reimbursement.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.2.2 Lump Sum Estimates====&lt;br /&gt;
The cost estimate that supports the lump sum agreement must be accurate, comprehensive, verifiable, and in sufficient detail to present a clear picture of the work involved and the cost of the individual items. The estimate may cover only that portion of the adjustment for which the Commission is responsible for the costs of the necessary utility adjustments to allow highway construction.&lt;br /&gt;
Lump sum estimates are limited to a maximum of $200,000 of Commission responsibility of costs of the necessary utility adjustments to allow highway construction; however, exceptions may be made for special situations that have prior approval from Design Division. These exceptions usually cover major relocations for which the Commission&#039;s proportionate responsibility is extremely small.&lt;br /&gt;
&lt;br /&gt;
===643.2.9.3 Utility Cost Estimate Requirements===&lt;br /&gt;
Whether using an Actual Cost or Lump Sum estimate, the following should be included in the estimate, if applicable. If any of the following sections are not included in the estimate, a qualifying statement as to why the costs were not included should be provided.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.1 Scope of Work====&lt;br /&gt;
All estimates require a concise summary of the work to be performed on the estimate. An example is &amp;quot;an estimate of cost covering the work of relocating Company&#039;s 12-inch Cushing-Woodriver pipeline to accommodate construction of Route 47 in Franklin County on Job No. J6P0172&amp;quot;.&lt;br /&gt;
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====643.2.9.3.2 Engineering Costs====&lt;br /&gt;
Costs of engineering, whether preliminary or construction, must be shown as separate items and are not to be included with &amp;quot;labor costs&amp;quot;. Concurrent cost accounting procedures of FHWA and MoDOT make this a necessity. See [[#643.2.6_Preliminary_Engineering_Requirements|EPG 643.2.6 Preliminary Engineering]] and [[#643.2.16.2_Construction_Contract_Requirements|EPG 643.2.16.2 Construction Contract Requirements]] for further information.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.3 Right of Way Costs====&lt;br /&gt;
A detailed estimate of the cost to acquire replacement easements by the utility owner is required. The cost should be supported by a right of way plan.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.4 Material Costs====&lt;br /&gt;
Quantities, description of the item, the unit cost, and the extended totals are shown. Percentage computations will be shown immediately following &amp;quot;total cost&amp;quot; so the utility owner’s and Commission&#039;s cost obligations are properly indicated. Unit assembly costs similar to those used by several of the rural electric association (R.E.A.) cooperatives are acceptable, provided the same units and charges are used in the utility owner’s regular operations. A handling charge conforming with the utility owner’s regular procedures may also be included.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.5 Labor Costs====&lt;br /&gt;
Hours, individual or crew rates, and extended totals are shown. Payroll additives such as insurance, retirement, social security, vacation, and other benefits are shown as a separate item under this heading in accordance with utility owner’s regular procedures. Adequate explanation must be given for total percentage used, especially in those cases where materials and labor are combined as unit costs or where labor percentages include additives and equipment requirements.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.6 Equipment Costs====&lt;br /&gt;
A description of the equipment to be used must be shown jointly with the number of hours to be charged. Rates charged for equipment usage must be justified by the utility owner’s established accounting procedures. When the utility owner does not have an established accounting procedure or a capitalization and depreciation schedule that is used in its own operations, the rates are to be established by using rental rate publications as a guide. A reasonable amount will be deducted, when using rental rate schedules, for profit that the rental company realizes. A full explanation of the methods used in establishing the rates must also be submitted to support the utility owner’s request and with approval of the district utilities staff.&lt;br /&gt;
&lt;br /&gt;
Equipment may be rented when the utility owner’s equipment is not available or is inadequate, with the rental rate justified by appropriate solicitation of bids. See [[#643.2.16.2_Construction_Contract_Requirements||EPG 643.16.2 Construction Contract Requirements]] for further information.&lt;br /&gt;
&lt;br /&gt;
Unusual accounting procedures may be accepted with adequate prior explanations and approval of the Design Division.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.7 Removal Costs====&lt;br /&gt;
These costs are estimated and shown in a similar method but separately from installation costs. When removal costs exceed salvage credits by more than the estimated cost of removal by the roadway contractor, an effort should be made to persuade the utility owner to abandon the utility facilities in place. An exception is made when the utility owner is required to remove abandoned utility facilities because of liability, hazard, or by specific agreement with the Commission. Abandoned utility facilities can be included with the miscellaneous removals in the roadway contract. It may be possible for the utility owner to remove those portions of the utility facility for which credits will exceed removal costs, with the remainder of the utility facility to be abandoned for removal in the roadway contract. Materials removed must be itemized, with the utility owner’s customary salvage credit given. Items to be scrapped or junked should be indicated. Whenever a utility facility or portion thereof is shown to be abandoned on the plan of adjustment, the roadway plans should be notated accordingly. This eliminates ownership problems if these utility facilities are removed or salvaged by the roadway contractor.&lt;br /&gt;
&lt;br /&gt;
When the utility facility is no longer needed and removal is necessary to accommodate the roadway project, the removal of the item may be handled either as a right-of way-item or a utility adjustment. When handled as a right of way item, the damages allowed are to equal the depreciated value of the utility facility, with the necessary removals being accomplished by the roadway contractor. If accomplished as a utility adjustment, the Commission, by utility agreement, will reimburse the utility owner for removal costs and receive salvage credit for the material removed, up to but not exceeding removal costs.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.8 Salvage of Removed Materials====&lt;br /&gt;
This statement, to explain the salvage credit or lack of credit, will reflect routine utility owner policy as well as the particular situation. The utility owner will place a value on any recovered material for salvage. District utilities staff should check this value for reasonableness. Examples of salvage statements include:&lt;br /&gt;
* Existing utility facilities to be abandoned in place, since the cost of salvaging, based on our past experience, will exceed their value.&lt;br /&gt;
* Only those items will be salvaged for which salvage credit will exceed the cost of removal and salvage.&lt;br /&gt;
* Company liability requires removal of the retired utility facilities, even though the cost of removal will exceed allowable credit for salvage.&lt;br /&gt;
* Salvage credits are in accordance with established company accounting procedures.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.9 Accrued Depreciation Credits====&lt;br /&gt;
Credit is required for the accrued depreciation of a utility facility that is being replaced. Examples are a building, structure, pumping station, filtration plant, power plant, substation, or other similar operational unit. Credit for accrued depreciation will not be required for a segment of the utility&#039;s service, distribution, or transmission lines. It is also not required when the building or structure is being moved as necessitated by the highway project. Acceptable accrued depreciation credit will be determined by using the following formula:&lt;br /&gt;
&amp;lt;math&amp;gt;\frac{\text{Actual Length of Service of Replaced Facility (Years)}}{\text{Total Estimated Service Life of Replaced Facility (Years)}} x&amp;lt;/math&amp;gt;&amp;lt;span style=&amp;quot;font-family: &#039;Times New Roman&#039;, Times, serif; font-size: 130%;&amp;quot;&amp;gt; Original Cost ($) = Credit ($)&amp;lt;/span&amp;gt;&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.10 Betterment Credits====&lt;br /&gt;
Betterment means the upgrading of the utility facility being relocated, made solely for the benefit of and at the election of the utility owner and is not attributable to the roadway improvement. Credit to the Commission is required for the additional costs incurred for the betterments introduced in the adjusted utility facility. No betterment credit is required for additions or improvements which are:&lt;br /&gt;
* Required by the highway project&lt;br /&gt;
* Replacement devices or materials that are of equivalent standards although not identical&lt;br /&gt;
* Replacement of devices or materials no longer regularly manufactured with next highest grade or size&lt;br /&gt;
* Required by law under governmental and appropriate regulatory commission code&lt;br /&gt;
* Required by current design practices regularly followed by the utility owner in its own work, and there is a direct benefit to the highway project&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.11 Overhead Costs====&lt;br /&gt;
Overhead costs are usually a percentage of the total labor cost. This item must be in accordance with the utility owner’s established accounting procedures, which in some cases may include handling costs or be a percentage of the total cost of the work involved. Additional attention to overhead costs is required when the rate is different from previously accepted rates. Occasionally, it can be difficult to obtain the necessary information at the time of the estimate to approve the overhead rates. In this situation, the estimate can be approved with exception of the overhead rates for payment. The utility owner is informed of this matter with the understanding that the overhead rates could be approved and paid with submission of appropriate supporting data and Financial Services audit review.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.12 Prorating Costs====&lt;br /&gt;
The need for prorating utility adjustment costs occurs when both the Commission and the utility owner are responsible for a portion of the utility adjustment necessary to allow for highway construction, and the actual costs for reimbursement in each category cannot be explicitly determined. Generally, the following conditions require division of costs:&lt;br /&gt;
* The adjustment is considered partially reimbursable per [[#643.2.8.3_Shared_Responsibility|EPG 643.2.8.3 Shared Responsibility]]&lt;br /&gt;
* Betterments are included in the necessary adjustment of the utility facility&lt;br /&gt;
&lt;br /&gt;
The district utilities staff should negotiate with the utility owner’s representative to determine an equitable basis for the prorating of costs based on the characteristics of the utility adjustment necessary to allow for highway construction.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.13 Costs Records====&lt;br /&gt;
The estimate should include a statement as to where the utility owner’s cost records may be reviewed. An example: &amp;quot;Company cost records will be available in our office at 2134 Industrial Avenue, Tulsa, Oklahoma&amp;quot;.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.14 Other====&lt;br /&gt;
Additional statements will explain or further clarify the work that is included. Such other items may include bypasses, special equipment, need for larger utility facilities, etc.&lt;br /&gt;
&lt;br /&gt;
==643.2.10 Schedule==&lt;br /&gt;
Timely adjustments of utility facilities are essential for efficient completion of highway construction projects. Ideally, all utility adjustments are completed prior to a project’s Plans, Specifications, and Estimate (PS&amp;amp;E) submittal to Central Office. Depending on the specifics of the highway construction and utility adjustment necessary, early completion of the utility adjustment may not be practical. The district utilities staff should negotiate with the utility owner to determine the schedule parameters necessary for the utility adjustment. At a minimum, the utility owner should document the dates it anticipates starting and completing the work. If a utility adjustment depends upon the completion of a portion of the highway construction, the necessary milestone for starting the utility adjustment should be documented along with an anticipated number of working days to complete the utility adjustment. The schedule is included as Exhibit “C” to the agreement.&lt;br /&gt;
&lt;br /&gt;
==643.2.11 Pre-Audits==&lt;br /&gt;
The district utility staff performs a pre-audit review and approval prior to preparation of the agreement. A [https://epg.modot.org/forms/general_files/DE/PreAuditChecklist.docx pre-audit checklist] should be completed and saved in MoProjects.&lt;br /&gt;
&lt;br /&gt;
==643.2.12 Utility Agreements==&lt;br /&gt;
Whenever the Commission is responsible for the cost of the necessary adjustments to allow highway construction, an agreement is required. If a Master Reimbursable Utility Agreement (see [[#643.2.12.2_Master_Reimbursable_Utility_Agreements|EPG 643.2.12.2]]) has not been executed with the utility owner, a Project Specific Agreement (see [[#643.2.12.3_Project_Specific_Agreements|EPG 643.2.12.3]]) is executed between the utility owner and the Commission. In some cases, it may be more practical for the Commission to include adjustment of utilities into a Commission administered contract. A Utility Agreement - Actual Cost (For Utility Work That is to be Included in the Missouri Highways and Transportation Commission&#039;s Road Project) (see [[#643.2.12.4_Agreement_for_Utility_Work_Included_in_Roadway_Improvement_Project|EPG 643.2.12.4]]). Agreements include a plan of adjustment (Exhibit “A”), cost estimate (Exhibit “B”), and schedule (Exhibit “C”).&lt;br /&gt;
&lt;br /&gt;
The Utility Agreement boilerplate forms have been approved by the Chief Counsel’s Office (CCO). They are identified in the upper left-hand corner of each agreement by an identifier such as CCO Form: UT01 for the Master Reimbursable Utility Agreement. CCO updates these agreements as necessary. They serve as a guide in the preparation of the agreement to be executed with the utility owner for the adjustments required to their utility facilities to accommodate the proposed roadway improvement project. District utilities staff should use the latest version of the agreement found in [https://netprod3.dot.missouri/eAgreements/Search/QuickSearch eAgreements] in drafting an agreement with utility owners. A list of utility agreements and detailed information concerning the sequence for preparing and executing an agreement is available in EPG [[:Category:153_Agreements_and_Contracts|153 Agreements and Contracts]].&lt;br /&gt;
&lt;br /&gt;
These forms are to be used word for word. Revisions or additions are only made to address specific project details. The intent of each paragraph must be retained, although specific words may be revised to fit the particular situation. No paragraphs are deleted without prior approval from CCO. For guidance on acceptance of liability, refer to the [[:Category:153_Agreements_and_Contracts#153.1.1.2_Acceptance_of_Liability_Policy_(MoDOT_Access_Only)|Acceptance of Liability Policy]] at the CCO SharePoint page. Drafts of agreements having major revisions or complications are to be submitted, with supporting data, to Design Division for comment and approval.&lt;br /&gt;
&lt;br /&gt;
A reference to 23 CFR 645 is included in all agreements. Utility owners must be acquainted with these requirements and procedures. The incorporation of 23 CFR 645 by reference in all agreements eliminates the need for a second set of regulations to be included in the document.&lt;br /&gt;
&lt;br /&gt;
The agreement for the adjustment of a utility is prepared by the district utilities staff and submitted to the utility owner for execution. The agreement is based on the plan, estimate of cost which was prepared in accordance with 23 CFR 645, and schedule. Authorized individuals representing the utility owner will execute the agreement. The agreement must be signed, sealed, and if necessary, notarized by the utility owner. If the utility owner does not have or use a corporate seal, write &amp;quot;NO SEAL&amp;quot; under the signatures of the owner’s officers. Agreements with political subdivisions are to be supported by an appropriate ordinance, a copy of which is to be submitted with the executed agreements. All copies will be forwarded to the CCO for further handling. A fully executed copy of the agreement will be retained in eAgreements. If the agreement was executed using electronic signatures, the district utilities staff should forward an electronic copy of the fully executed agreement to the utility owner. If the agreement was executed using wet signatures, one (1) paper copy of the fully executed agreement will be returned by the Commission Secretary’s Office to the district utilities staff. The district utilities staff will forward this copy to the utility owner.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.1 Buy America Build America Requirements===&lt;br /&gt;
All agreements contain information on Buy America Build America (BABA) compliance. The utility owner should select the method of certification (See [[#643.2.19_Buy_America_Build_America_for_Utilities|EPG 643.2.19]]) at the time of agreement completion. The appropriate paragraph will be inserted into the agreement. All BABA compliance documents must be retained by the utility owner and made available upon request at no cost to the Commission and/or FHWA.&lt;br /&gt;
&lt;br /&gt;
====643.2.12.1.1 Utility Owner Self-Certification====&lt;br /&gt;
The City/Company certifies that when determining products/materials subject to Buy America Build America requirements to use in the performance of this Agreement, it shall use only such products/materials for which it has received a certification from its supplier, or provider of construction services that procures the product/material, certifying compliance with Buy America Build America requirements. This does not include products/materials for which waivers have been granted pursuant to 23 CFR 635.410. The City/Company will not be required to provide the Commission copies of the supplier certification as part of this Agreement or with the final invoice of said Commission’s Federal-Aid Highway Construction Project.&lt;br /&gt;
&lt;br /&gt;
====643.2.12.1.2 Vendor/Manufacturer Certification====&lt;br /&gt;
The City/Company certifies that when determining products/materials subject to Buy America Build America requirements to use in the performance of this Agreement, it shall use only such products/materials for which it has received a certification from its supplier, or provider of construction services that procures the product/material, certifying compliance with Buy America Build America requirements. This does not include products/materials for which waivers have been granted pursuant to 23 CFR 635.410. The City/Company shall provide to the Commission all Buy America compliance documents as outlined in the Commission’s Engineering Policy Guide 643. All required compliance documents shall accompany the final invoice submitted to the Commission.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.2 Master Reimbursable Utility Agreements===&lt;br /&gt;
The UT01: Master Reimbursable Utility Agreement (MRUA) is a statewide agreement that has been executed by the utility owner and the Commission for all future reimbursable utility adjustments between both parties. Once a MRUA is executed, no other utility agreements are required on design-bid-build projects. The district utilities staff should encourage utility owners to enter into a MRUA with the Commission to reduce potential future delays in executing a project specific agreement. A list of previously executed [https://modotgov.sharepoint.com/sites/DE/Utilities/Agreements/MRUA%20-%20Existing?csf=1&amp;amp;web=1&amp;amp;e=4LJHoa Master Reimbursable Utility Agreements (Modot Access Only)] is available. District utilities staff should add newly executed agreements to this list. The MRUA can be employed as either an actual cost ([[#643.2.12.3.1_Actual_Cost_Agreements|EPG 643.2.12.3.1]]) or lump sum ([[#643.2.12.3.2_Lump_Sum_Agreements|EPG 643.2.12.3.2]]) agreement. When the reimbursable adjustment will utilize a MRUA, the district utilities staff will prepare a MRUA correspondence letter (“letter agreement”) referencing the executed MRUA. A copy of the MRUA correspondence letter should be saved in MoProjects for reference by Financial Services, the district construction office, and the district staff responsible for inspection of utility adjustments. All project specific items such as type of agreement (actual cost or lump sum), plan of adjustment, estimated total cost, cost allocation, and schedule are addressed in the MRUA correspondence letter from the district utilities staff to the utility owner. A flowchart of the MRUA process is available.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.3 Project Specific Agreements===&lt;br /&gt;
If a utility owner does not have a MRUA with the Commission, a project specific agreement will be required for every project for which the Commission is responsible for the necessary adjustments to allow highway construction. The project specific agreement will be either an actual cost (EPG 643.2.12.3.1) or lump sum (EPG 643.2.12.3.2) agreement.&lt;br /&gt;
&lt;br /&gt;
====643.2.12.3.1 Actual Cost Agreements====&lt;br /&gt;
The UT03: Utility Agreement – Actual Cost is used when detailed estimates are not practical or costs appear to be questionable. Details on actual cost estimates can be found at EPG 643.2.9.2.1 Actual Cost Estimates. Once the final invoice on a UT03 is submitted to Financial Services, district utilities staff should change the status on the agreement in eAgreements to completed.&lt;br /&gt;
&lt;br /&gt;
====643.2.12.3.2 Lump Sum Agreements====&lt;br /&gt;
The UT02: Utility Agreement – Lump Sum eliminates the need for keeping detailed records of cost and the auditing of cost records. Estimates of cost must be prepared in detail for use of this agreement. When detailed estimates are not practical or costs appear unreasonable, actual cost agreements are to be used. Use of special forms of agreements, such as &amp;quot;subordination agreements&amp;quot;, which are desired by certain utility owners, is acceptable. These, too, must be revised to cover the particular situation. Details on lump sum estimates can be found at EPG 643.2.9.2.2 Lump Sum Estimates. Once the final invoice on a UT02 is submitted to Financial Services, district utilities staff should change the status on the agreement in eAgreements to “completed”.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.4 Agreement for Utility Work Included in Roadway Improvement Project===&lt;br /&gt;
The UT04: Utility Agreement - Actual Cost (For Utility Work That is to be Included in the Missouri Highways and Transportation Commission&#039;s Road Project) allows for the adjustment to be based on actual cost with the roadway contractor performing the utility work. Caution should be exercised in the type of utilities to be relocated in roadway contracts. Utilities recommended are waterlines and sewer lines. Other utilities, such as gas lines, communication lines, and power lines are to be studied thoroughly before being included in the project.&lt;br /&gt;
&lt;br /&gt;
The Transportation Project Manager and district utilities staff must plan ahead to get this work in the roadway contract. The utility owner must agree to include the utility adjustment in the roadway contract. The adjustment may be on highway right of way or on private easement in the name of the utility owner. The utility owner can agree to allow MoDOT’s contractor to work in its easement. However, district utilities staff in consultation with district right of way staff should review the easement documentation to verify the utility owner’s rights to the easement and any limitations on its use. MoDOT’s contractor can work and operate on both Commission right of way and on the utility easement, even when not directly connected to the Commission right of way, as part of the job site. Temporary construction easements may be necessary in addition to the utility easement to ensure adequate working room for the contractor.&lt;br /&gt;
&lt;br /&gt;
:The utility owner may request exemption to any liability for negligence of our contractor working on their easement. The Commission can assume that liability (refer to Acceptance of Liability Policy), but it should be included in the utility agreement if so desired by the utility owner. A Job Special Provision is necessary to require the MoDOT contractor to hold the utility harmless from all claims due to contractor negligence.&lt;br /&gt;
&lt;br /&gt;
Subsurface information, i.e. boring data, etc., should be obtained by the utility owner since it may be needed for the design of the utility adjustment. This information should be included in the plans. If the utility owner must bear all or part of the cost of the adjustment, the utility owner must agree to pay a pre-deposit to the Commission prior to opening bids on the project. This should be in the utility agreement. The pre-deposit will be credited to the &amp;quot;Missouri Highway and Transportation Commission - Local Fund.&amp;quot; Any interest earned in the fund will apply to the cost of the adjustments. The utility agreement will include language that the utility will inspect the installation and assume maintenance of the utility facility after construction. MoDOT will also provide engineering supervision to be sure the road contractor is in compliance with the contract. Utility plans and specifications are to be approved by the owner prior to submittal to the Central Office. The following items will provide minimum information to allow MoDOT’s contractor to bid the work.&lt;br /&gt;
# Individual bid items (not &amp;quot;lump sum&amp;quot;) should be established to promote better bidding and to handle overruns and underruns. Bid items not included on the Computer Stored Bid Item list should be &amp;quot;99&amp;quot; numbers.&lt;br /&gt;
# he bid package must be in our letting format. If the package was prepared by a consultant as if the utility owner were going to let it, all bid bond or bidding procedures must be screened to remove requirements contrary to MoDOT letting requirements. District utilities staff should work with the Transportation Project Manager, Design Liaison Engineer, and Central Office Bidding and Contract Services to ensure this requirement is met.&lt;br /&gt;
# The specifications required by the utility owner should be reviewed for items that could cause a bid problem for our contractor. Items such as non-readily available materials or sizes should be avoided.&lt;br /&gt;
# Utility plan sheets should be .pdf files equivalent to 22 in. x 34 in. It is helpful to have a quantity sheet specifically for utility items.&lt;br /&gt;
# Any special procedures required for the utility installation should be included in the Job Special Provisions.&lt;br /&gt;
# The utility package should be submitted on-time to Central Office with other project plans.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.5 Agreement for a Utility Only Project===&lt;br /&gt;
Any of the above agreements can be modified for a utility only project separate from the roadway project. The utility only project may be done by forces hired by the utility owner or by the Commission. A separate utility only project has distinct advantages when the following occurs:&lt;br /&gt;
* The utility work is extensive&lt;br /&gt;
* It must be performed in accordance with the utility owner’s seasonal requirements&lt;br /&gt;
* It extends beyond the limits of the construction project&lt;br /&gt;
* It must be performed considerably in advance of the roadway contract&lt;br /&gt;
&lt;br /&gt;
Necessary environmental and design work is still required for the limits of the separate utility only project. It may be necessary in these cases to have a second agreement with the utility owner to cover any other work that must be performed concurrently with the roadway contract. These latter agreements will use the roadway construction job number. Early need for utility projects is to be determined at the time when the STIP is updated each year. The utility construction funds will be shown in the year right of way funds are assigned. This will be done whenever possible to secure early adjustment of utility facilities. A request by the district is sent to the Planning Division. Estimated dollar amounts for utility adjustments are needed. These are estimates and do not need to be extremely accurate. When a special utility project is established, it is preferred, if at all possible, to include all the utility adjustments necessary for the entire roadway project. If funds are available, additional agreements can be added to this utility project until the final invoice for the first completed agreement is received for payment.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.6 Supplemental Agreements===&lt;br /&gt;
For utility owners with a UT01 agreement, a supplemental letter agreement documenting the change in the scope or cost of the work is acceptable.&lt;br /&gt;
&lt;br /&gt;
The UT05: First Supplemental Agreement is used to document changes to UT02 and UT03 agreements. If changes to the scope of work occur that are anticipated to exceed $100,000 or 15% of the original agreement, a UT05 is required. If the final invoice on an actual cost adjustment without changes in the scope of work exceeds the limits shown in the table below, a UT05 is required.&lt;br /&gt;
&lt;br /&gt;
{| class=&amp;quot;wikitable&amp;quot; style=&amp;quot;margin-left: 25px; text-align:center&amp;quot;&lt;br /&gt;
! Amount in Original Actual Agreement !! Final Bill Total Exceeds Original Amount by:&lt;br /&gt;
|-&lt;br /&gt;
| 0-$25,000 || 50%&lt;br /&gt;
|-&lt;br /&gt;
| $25,000-$100,000 || 40%&lt;br /&gt;
|-	&lt;br /&gt;
| Exceeds $100,000 || 30%&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
Should multiple UT05s be required with the same utility owner, the UT05 should be modified for additional supplemental agreements. Once the final invoice on an UT05 is submitted to Financial Services, district utilities staff should change the status on the agreement in eAgreements to “completed”.&lt;br /&gt;
&lt;br /&gt;
==643.2.13 Utility Adjustments in Roadway Plans and Job Special Provisions (JSPs)==&lt;br /&gt;
It is the responsibility of the MoDOT Transportation Project Manager (TPM) to ensure utility plans of adjustment are shown on the project plans at the Plan, Specification, and Estimate (PS&amp;amp;E) stage based upon information coordinated by the district utilities staff with the appropriate utility owner.&lt;br /&gt;
&lt;br /&gt;
===643.2.13.1 Plans===&lt;br /&gt;
A legend showing all applicable utility symbols and the names of the utility owners is shown on the first special utility sheet. In the absence of special utility sheets, this information may be shown on the title sheet or the first plan and profile sheet. The following note is required to be placed on the title sheet or the first plan and profile sheet and the first special utility sheet (if used) to inform contractors of the suitability of the utility information contained on the plans.&lt;br /&gt;
&lt;br /&gt;
&amp;quot;The existence and approximate location of utility facilities known to exist, as shown on the plans, are based on the best information available to the Commission at this time. This information is provided by the Commission &amp;quot;as-is&amp;quot; and the Commission expressly disclaims any representation or warranty as to the completeness, accuracy, or suitability of the information for any use. Reliance upon this information is done at the risk and peril of the user, and the Commission shall not be liable for any damages that may arise from any error in the information&amp;quot;.&lt;br /&gt;
&lt;br /&gt;
===643.2.13.2 Job Special Provisions===&lt;br /&gt;
Since the addition of utility information on the plans, supplied by a third party, could subject the Missouri Highway and Transportation Commission to additional liability, a Utility JSP reflecting the status of utility adjustments will be required. The JSP will include the name, address, e-mail address, and telephone number of all utility owner representatives for all utility facilities located on the project. The anticipated adjustment completion date for each utility adjustment is also to be shown based on the agreed upon dates, durations, or completion dates with the utility owner’s representative. This information will inform the bidder of the status of utilities for proper work coordination that could affect the bids for the proposed highway construction project. Status notations will include general notations such as: “N/A”, “Work is in progress”, “Work has not started”, “Work is complete”, and “Work is included in contract.”&lt;br /&gt;
&lt;br /&gt;
===643.2.13.3 PS&amp;amp;E Submittal===&lt;br /&gt;
In the District Final Plans Submittal Checklist (D-12), the TPM should note any issues related to existing utility facilities or the adjustment of utility facilities either shown or not shown on the plans. Projects with “No Utility Impacts” such as some overlays, striping, bridge washing, etc. do not need a Utility Status Letter or Utility JSP. The D-12 is used for these projects. In the D-12, under Project Details – “Utilities”, the note “NO” is selected and under “Status”, select “Clear”. For all other projects, the district utilities staff will write a Utility Status Letter. The TPM will include the Utility Status Letter with the submittal of the final plans to the Design Division. The Utility Status will be defined as:&lt;br /&gt;
# Utility facilities are present, but no conflict is anticipated with the highway construction project. Or,&lt;br /&gt;
# All utility facilities requiring adjustment to allow highway construction have been physically adjusted on the project. Or,&lt;br /&gt;
# Utility construction work is planned or active and will be completed to such a point that no impact will be expected to the highway construction project. The status of this work is defined in the utility JSP. Or,&lt;br /&gt;
# Utility facilities are not expected to be adjusted by the notice to proceed date for the road project, but the utility work will have no impact on the progress of the highway construction project. The status of this work is defined in the utility JSP. Or,&lt;br /&gt;
# Utility facilities must be adjusted after the road contractor completes stage construction or in coordination with the contractors’ work. Details of the coordination effort required of the contractor are defined in the utility JSP to properly advise bidders. Or,&lt;br /&gt;
&lt;br /&gt;
# Utility adjustment plans and specifications are included in the bid documents for the highway construction project. A UT04 agreement must be executed.&lt;br /&gt;
&lt;br /&gt;
==643.2.14 Payment to Utility Companies for Reimbursable Work==&lt;br /&gt;
Authorization and federal funding obligation must be approved prior to incurring costs. This applies to all types of work on utility facilities including preliminary engineering. An obligation is a commitment by the federal government to reimburse MoDOT for the federal share of a project’s eligible cost.&lt;br /&gt;
&lt;br /&gt;
===643.2.14.1 Obligation Process===&lt;br /&gt;
Federal funding can be used with both lump sum and actual cost agreements. After the utility agreement is fully executed, the district utilities staff will email a copy of the utility agreement or the letter agreement referencing the MRUA to the email group OBLIGATE. This email should request the authorization authority for use of federal funds and to be informed of a Notice to Proceed (NTP) (see EPG 643.2.15) date by Financial Services once federal funding has been obligated. District utilities staff should allow three (3) weeks to receive the NTP. Financial Services will use Advance Construction (AC) funding to fund reimbursement to utility owners. With AC funding, state funds initially are used to pay for reimbursement to utility owners. Once construction is complete, with appropriate documentation of the work via the C-9 and C-13, Financial Services will convert to federal funding.&lt;br /&gt;
&lt;br /&gt;
===643.2.14.2 Preliminary Engineering===&lt;br /&gt;
On occasion, preliminary engineering (PE) may need to be undertaken by the utility owner prior to the execution of a utility agreement. If a utility owner has a MRUA, an estimate of the cost of the PE work by the utility owner may be used to obligate funding for preliminary engineering under the MRUA as a PE only letter agreement. If a lump sum or actual cost agreement will be required with the utility owner for the project, district utilities staff should do two (2) agreements with one agreement covering PE only, and once a design for the adjustment is obtained, a second agreement for the construction of the adjustment should be executed. If a separate PE only agreement is obtained, NTP will need to be issued twice to the utility owner: once for PE and once for construction.&lt;br /&gt;
&lt;br /&gt;
===643.2.14.3 Right of Way===&lt;br /&gt;
Once Notice to Proceed has been given, the utility owner may begin the right of way acquisition process. If the utility owner needs to acquire right of way prior to a full agreement for relocation has been negotiated, the agreement specifically for the acquisition of right of way should be executed. This agreement will be sent to Financial Services to begin the obligation process.&lt;br /&gt;
&lt;br /&gt;
===643.2.14.4 Construction===&lt;br /&gt;
Payment to utility owners for construction of the adjustment may occur in a number of phases.&lt;br /&gt;
&lt;br /&gt;
====643.2.14.4.1 Prepayment====&lt;br /&gt;
Per the utility agreement, the Commission allows utility owners to be prepaid prior to commencing work. The district utilities staff may negotiate the prepayment if the utility owner is receptive. The utility owner will submit a request for prepayment with an invoice prior to any prepayment. Route, county, and job number must be included in the request. The district utilities staff will submit a request to Financial Services with a copy saved in MoProjects for future reference by the district staff responsible for inspection of the utility adjustment.&lt;br /&gt;
&lt;br /&gt;
====643.2.14.4.2 Progress Payments====&lt;br /&gt;
If a utility owner has not been prepaid the entire estimated amount in the utility agreement, then the utility owner may request progress payments after completing a portion of the proposed work, including PE.&lt;br /&gt;
&lt;br /&gt;
Progress payments for PE by consultants should not exceed the &amp;quot;maximum not to exceed amount&amp;quot; shown in the cost estimate unless additional costs are approved first by district utilities staff.&lt;br /&gt;
&lt;br /&gt;
For progress payments, the utility owner is required to submit only a summary of work and materials for which payment is claimed, not a detailed billing. District utilities staff should check only to be sure that sufficient work has been done to justify making the requested payment. Payment should be made for allowable costs incurred up to the date of the progress payment request.&lt;br /&gt;
&lt;br /&gt;
Progress payment invoices do not relieve the utility owner of the responsibility of submitting one complete and final invoice upon completion of the adjustment. The utility owner’s address must be shown on the invoice. The district utilities staff should submit progress payment invoices and applicable C-9s to Financial Services within one (1) week of receipt of invoice.&lt;br /&gt;
&lt;br /&gt;
One copy of the progress payment and one copy of the district utilities staff letter of recommendation must be sent to Financial Services for payment and be stored in MoProjects. The cover memo should include the project number, route, county, actual cost or lump sum utility agreement, Commission obligation percentage, total cost estimate of Commission obligation, and indicate the progress payment number, i.e., progress payment number 1, 2, 3, etc. If more than one progress payment is requested by the utility company, the district should submit progress payment bills to Financial Services in the following format:&lt;br /&gt;
{| class=&amp;quot;wikitable&amp;quot; style=&amp;quot;margin-left: 25px; text-align:center&amp;quot;&lt;br /&gt;
! Payment !! Amount&lt;br /&gt;
|-&lt;br /&gt;
| Progress Payment #1 || $50,000&lt;br /&gt;
|-&lt;br /&gt;
| Progress Payment #2 || 10,000&lt;br /&gt;
|-	&lt;br /&gt;
| Total Payment to Date || $60,000&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
This format will help clarify payment history with the utility owner. Progress payments for actual cost utility agreements may not exceed the Commission&#039;s total estimated cost shown in the agreement. However, if the request for a progress payment exceeds the original estimate, a change order with explanation should accompany the request. (See EPG 641.2.16.5 Change Orders.)&lt;br /&gt;
&lt;br /&gt;
====643.2.14.4.3 Final Payment====&lt;br /&gt;
Utility owners are required to submit a detailed final invoice to MoDOT for all actual cost reimbursable utility work and for any lump sum reimbursable utility work that was not prepaid. For prepaid lump agreements, the utility owner must submit a zero-dollar ($0) invoice to demonstrate the work has been completed. After the utility work has been fully completed, the district utilities staff responsible for inspection should send the utility owner a “60 Day” Final Acceptance Letter requesting a complete final invoice within 60 days, as detailed in the utility agreement. If the final invoice is not received from the utility owner within 30 days, then a follow up letter should be sent (i.e., “30 Day” Reminder Final Invoice Letter) reminding the utility owner of its obligation to submit a final invoice within 60 days of the completed work. If a final invoice from the utility owner is not received within this timeframe, then the district utilities staff should contact the Design Liaison Engineer for guidance on how to close out the work.&lt;br /&gt;
&lt;br /&gt;
The district utilities staff is expected to check the final bill within two (2) weeks after receipt in as much detail as possible against the C-9. It is their responsibility to verify from field records the quantities of labor, equipment, material used, material retired, and to justify all changes made. If the utility owner’s contractor made the adjustment at unit cost prices, then it is the district utility staff’s responsibility to verify the number of units completed and not the hours of labor and equipment. It is also important for the utility owner to show the words “final bill” or “final invoice” on the last bill, in order for MoDOT to understand that no additional charges will be made on the adjustment. The final bill must show a general description of the utility adjustment, the highway project number, the date on which work was completed or last item of billed expense was incurred, and the location where records can be audited. The order of items in the final statement should follow as closely as possible the order of items in the original estimate. A summary, on the utility owner’s letterhead, of the total cost of preliminary engineering, construction engineering, right of way, labor, overhead, construction travel expense, transportation, equipment, materials, supply, handling, and salvage credits should be shown in a way that will permit direct comparison with the approved estimate from the original or supplemental agreements (see EPG 643.2.12.6).&lt;br /&gt;
&lt;br /&gt;
If the Actual Cost final invoice shows a much higher cost than the original estimate without scope change, the utility owner is required to give reasons in a letter to the district utilities staff explaining why the invoice cost increased. When the Actual Cost final invoice exceeds the amount shown in the table in EPG 643.2.12.6, a supplemental agreement is required.&lt;br /&gt;
&lt;br /&gt;
When the district utilities staff has determined that the final invoice is accurate, the C-13 should be completed. Once the C-13 is completed, the C-13 and the final invoice from the utility owner are forward to Financial Services. For Actual Cost agreements, the C-9s should also be included in this transmittal. If no additional payments are required, the district utilities staff should note this in the transmittal as well. If the final invoice indicates previous payments to a utility owner exceeded the final invoice, the utility owner will need to send MoDOT a check for the overpayment amount. The check should be made payable to Director of Revenue – Credit State Road Fund. If the utility owner did not send MoDOT an overpayment check with the final invoice, district utilities staff should send a letter to the utility owner requesting the refund amount. Submittal of the final invoice to Financial Services should not occur until repayment has been received. The submittal to Financial Services should note the receipt of the repayment check.&lt;br /&gt;
&lt;br /&gt;
==643.2.15 Notice to Proceed==&lt;br /&gt;
For PE only, once an agreement has been executed, and Financial Services has advised that authorization from FHWA has been received, district utilities staff will issue a notice to proceed (NTP) letter to the utility owner for the PE. For agreements that include PE and construction or once a final agreement for construction has been executed, right of way clearance has been issued, and Financial Services has advised that authorization from FHWA has been received, the district utilities staff will issue NTP to the utility owner for construction. See Example of Notice to Proceed Letter. If salvage credit is part of the agreement with the utility owner, the NTP letter should include a statement that the utility owner will need to inform district utilities staff of the time and place that inspection may be made of the removed material. The utility owner may be held accountable for full value of materials disposed without proper notice. Utility owners may purchase materials prior to NTP for construction; however, no other work on the adjustment necessary to allow highway construction may begin prior to NTP for construction. The utility owner, for reasons of planning their workload or due to seasonal situations, may request early authorization to perform the work. This request, with the district utilities staff recommendations, is sent to the Design Liaison Engineer for further handling, approval, and advancement of the necessary funds. A copy of the NTP should be saved in MoProjects. If a utility owner begins adjustments prior to NTP for construction, district utilities staff should notify the utility owner immediately in writing that reimbursement will not be made for work done prior to NTP for construction.&lt;br /&gt;
&lt;br /&gt;
==643.2.16 Construction of Utility Adjustments==&lt;br /&gt;
===643.2.16.1 Utility Owner Self-Perform===&lt;br /&gt;
As per 23 CFR 645.115 Construction, it may be cost-effective for certain utility adjustments to be performed by a utility owner with its own internal forces and equipment, provided the utility owner is qualified to perform the work in a satisfactory manner. This cost-effectiveness finding covers minor work on the utility owner’s existing utility facilities routinely performed by the utility owner with its own forces.&lt;br /&gt;
&lt;br /&gt;
===643.2.16.2 Construction Contract Requirements===&lt;br /&gt;
When the utility owner is not adequately staffed and equipped to perform such work with its own forces and equipment at a time convenient to coordination with the associated highway construction, such work may be done one of four ways for utility adjustments:&lt;br /&gt;
# MoDOT can provide the construction services, via awarded contract to the lowest qualified bidder based on appropriate solicitation. This can be done by including the adjustment work in the roadway improvement project (EPG 643.2.12.4 Utility Agreement for Utility Work Included in Roadway Improvement Project) or by having a utility only project (EPG 643.2.12.5 Utility Only Project).&lt;br /&gt;
# The utility owner can award a construction contract to the lowest qualified bidder based on appropriate solicitation.&lt;br /&gt;
# The utility owner can utilize an existing continuing contract, provided the costs are reasonable (see EPG 643.2.9.1 Independent Cost Estimate).&lt;br /&gt;
# The utility owner can contract for low-cost incidental work, such as tree trimming and the like, without competitive bidding, provided the costs are reasonable (see EPG 643.2.9.1 Independent Cost Estimate).&lt;br /&gt;
&lt;br /&gt;
When a utility owner chooses option 2 to award its own new construction contract, the utility owner must provide the following documents and information to the district utilities staff. These documents need to be provided as soon as the utility owner has chosen to pursue a construction contract. Document 1 must be supplied by all utility owners. Documents 2 and 3 are only required when the utility owner is a local government agency who is also a political subdivision of the state of Missouri (e.g., city-owned utilities, county-owned utilities). All other utility owners are encouraged, but not required, to provide Documents 2 and 3.&lt;br /&gt;
# A statement that the utility owner is not staffed or able to perform the required construction activities with its own forces.&lt;br /&gt;
# A copy of the request for proposal used to secure bids.&lt;br /&gt;
# A list of a minimum of 3 bidders whom they believe can do the work. &#039;&#039;&#039;Political subdivisions are required to advertise for the work&#039;&#039;&#039;.&lt;br /&gt;
# Upon review of these documents, the district utilities staff will advise the utility owner to proceed with the solicitation of bids, but the utility owner will not be permitted to award the contract without the concurrence of district utilities staff. For lump sum agreements, approval of contract work and subcontract work is not required.&lt;br /&gt;
&lt;br /&gt;
The following documents need to be provided as soon as the utility owner has determined the lowest qualified contractor and would like to award the project. Document 1 must be supplied by all utility owners. Document 2 is only required when the utility owner is a local government agency who is also a political subdivision of the state of Missouri (e.g., city-owned utilities, county-owned utilities). All other utility owners are encouraged, but not required, to provide Document 2.&lt;br /&gt;
# The name address of the lowest qualified contractor.&lt;br /&gt;
# The tabulation of bids received and other information to support their recommendation for award to the lowest qualified bidder.&lt;br /&gt;
&lt;br /&gt;
The district utilities staff will review and approve the utility owner&#039;s bid information prior to the award of the contract. The Design Liaison Engineer is available to assist the district with review of bid information if necessary. Once the district utilities staff provides concurrence, the utility owner may proceed with awarding the contract. When the utility owner is a local government agency who is also a political subdivision of the state of Missouri (e.g., city-owned utilities, county-owned utilities), a copy of the executed contract must be shared with the district utilities staff. All other utility owners are encouraged, but not required, to provide a copy of the executed contract.&lt;br /&gt;
&lt;br /&gt;
A checklist is available for reviewing contracts to ensure the contract conforms to MoDOT policy and complies with applicable federal regulations.&lt;br /&gt;
&lt;br /&gt;
When a utility owner chooses to utilize a an existing continuing contract, the utility owner will submit a copy of the contract to the district utilities staff. The district utilities staff will review the contract for reasonableness of cost. If district utilities staff and the utility owner’s representative cannot agree on the reasonableness of cost, then the utility owner will be required to award a new construction contract.&lt;br /&gt;
&lt;br /&gt;
===643.2.16.3 Inspection===&lt;br /&gt;
The degree of inspection needed for utility adjustments will vary considerably with the nature and location of the work and whether the Commission is responsible for any portion of the cost of reimbursement. Judgment must be used regarding the manner and regularity of inspection duties. Some phases of the work require a very close check to ensure that the highway will not be adversely affected and to ensure satisfactory performance of work in accordance with the agreement and plans. The degree of inspection may vary from spot checking of overhead installations to continuous close observation of backfilling trenches beneath proposed pavement, embankment area, or adjacent to bridge abutments. Proper inspection can ensure that the utility adjustment is completed as efficiently as possible to minimize future impacts to the utility facility and the highway construction project. A [https://epg.modot.org/forms/general_files/DE/UtilityFieldInspectionChecklist.docx Field Inspection Checklist] to assist district utilities staff responsible for inspection is available.&lt;br /&gt;
&lt;br /&gt;
If it is found that any actual cost reimbursable utility adjustment is being performed by unapproved contractors, district utilities staff should direct the work to stop. The utility owner’s representative should be informed immediately and should be advised in writing that the costs incurred by an unapproved contractor are not eligible for reimbursement under provisions of the agreement. The district utilities staff can take appropriate steps to approve a subcontract and advise when the utility owner can recommence work.&lt;br /&gt;
&lt;br /&gt;
===643.2.16.4 Documentation===&lt;br /&gt;
All documents related to the construction of the utility adjustment necessary to allow highway construction should be stored in MoProjects.&lt;br /&gt;
&lt;br /&gt;
Construction records must be kept to confirm that work is done in accordance with the terms of the agreement and in the manner proposed in the plans. The importance of a complete and accurate record cannot be overemphasized. Detailed records are necessary to support the recommendation for payment of the final invoice. A complete, separate daily record must be kept on each actual cost adjustment and submitted for review when the final invoice is recommended for payment. This district utilities staff responsible for inspection should complete the Daily Utility Report (C-9).&lt;br /&gt;
&lt;br /&gt;
====643.2.16.4.1 Utility Reports====&lt;br /&gt;
The Daily Utility Report ([https://epg.modot.org/forms/general_files/DE/C-9.docx Form C-9]) and the Final Utility Report ([https://epg.modot.org/forms/general_files/DE/C-13.docx Form C-13]) are used for documenting utility adjustments necessary to allow highway construction. The use of C-9s and C-13s will vary with method of reimbursement. For utility adjustments necessary to allow highway construction that overlap with the highway contractor’s work, progress records should be kept as necessary to coordinate the highway and utility construction activities. Sufficient records must be maintained to check and verify the items of labor, equipment, materials, and salvaged items as submitted on the final invoice.&lt;br /&gt;
&lt;br /&gt;
=====643.2.16.4.1.1 Daily Utility Report (C-9)=====&lt;br /&gt;
C-9s are only required for actual cost agreements. The district utilities staff responsible for inspection must in all cases keep records to document inclement weather, down time, and verbal authorization for minor changes. The district utilities staff responsible for inspection must complete a C-9 documenting the number and classification of employees and number of hours worked. Records of material used and of retired materials returned to stock or scrapped must be kept. The utility owner’s major items of equipment must also be recorded. When work is done by the contract method based on unit prices, the district utilities staff responsible for inspection should ascertain that units of work as provided in the bid proposal are measured and recorded to form a basis for checking the final invoice. C-9s should list the location and the number of units of work accomplished for that period. If contract labor or equipment is used by a utility owner on the basis of a bid per hour, per day, etc., it will be necessary to keep records on this labor or equipment time in the same manner as if the utility owner were performing the work with its own internal forces. District utilities staff responsible for inspection should also note all contractors working for the utility owner and the contractor approval authorization dates given in the agreement.&lt;br /&gt;
&lt;br /&gt;
=====643.2.16.4.1.2 Final Utility Report (C-13)=====&lt;br /&gt;
C-13s summarize that the utility adjustment work that was done in accordance with the agreement and plans, the percentage of total cost that is the responsibility of the Commission, and any progress payments that have been made. A C-13 is required for both actual cost and lump sum agreements. The requested numbers shown on line 9 (Commission Estimated Cost) and line 10 (Amount of Final Bill) in the report are the Commission’s total responsibility.&lt;br /&gt;
&lt;br /&gt;
====643.2.16.4.2 Breakdown and Emergency====&lt;br /&gt;
When breakdown and emergency situations occur, prior approval by MoDOT is not required for contract or equipment rental work unless the cost or period of time will be extensive. The utility owner should furnish a letter as soon as possible to explain the situation and set out the estimated costs involved. The district utilities staff’s records should substantiate the need and the changes for personnel and equipment.&lt;br /&gt;
&lt;br /&gt;
====643.2.16.4.3 Stop Work====&lt;br /&gt;
If at any point, a stop work order is given by MoDOT to a utility owner, written documentation of the stop work order should be saved in MoProjects.&lt;br /&gt;
&lt;br /&gt;
===643.2.16.5 Change Orders===&lt;br /&gt;
Any change in the plan of adjustment should be documented in writing to the utility owner as a change order. If the change order is anticipated to exceed $100,000 or 15% of the original agreement amount, district utilities staff should negotiate a supplemental agreement with the utility owner’s representative. Once a supplemental agreement is in place, district utilities staff should contact Financial Services to obtain an adjustment of the obligation mid-project. Change orders without supplemental agreements will be settled once the project is complete.&lt;br /&gt;
&lt;br /&gt;
====643.2.16.5.1 Actual Cost Agreement====&lt;br /&gt;
Slight modifications in quantities or the addition of minor items not included with the original agreement do not require a supplemental agreement. However, such changes should be documented in writing with the utility owner. A supplemental agreement is needed if costs exceed the above threshold or if there is a change in the percentage of cost that is the Commission’s responsibility on an agreement with shared responsibility for costs. Intermediate partial payments cannot be made on items in a supplemental agreement until the supplemental agreement is approved.&lt;br /&gt;
&lt;br /&gt;
====643.2.16.5.2 Lump Sum Agreement====&lt;br /&gt;
A supplemental agreement to a Lump Sum Agreement is only required for significant changes in the scope of work of the utility adjustment necessary to allow highway construction. Normal overruns are not considered as changes in approved work and will not be reimbursed. Significant changes in the scope of work on utility adjustments necessary to allow highway construction cannot be done until the supplemental agreement is approved, and the adjustment in obligation of funds is complete.&lt;br /&gt;
&lt;br /&gt;
==643.2.17 Utilities during Highway Construction==&lt;br /&gt;
The contractor is responsible for having utilities located by contacting Missouri One-Call (811) prior to any excavation on the project. A reminder of this responsibility should be made at the preconstruction meeting.&lt;br /&gt;
&lt;br /&gt;
===643.2.17.1 Preconstruction Meeting (Pre-Con)===&lt;br /&gt;
District utilities staff should be invited to all pre-cons.&lt;br /&gt;
&lt;br /&gt;
Pre-cons fall into three categories relating to utilities:&lt;br /&gt;
# No utility adjustments are anticipated within the project limits,&lt;br /&gt;
# All utility adjustments completed prior to the pre-con, and&lt;br /&gt;
# All utility adjustments not completed prior to the pre-con.&lt;br /&gt;
&lt;br /&gt;
====643.2.17.1.1 No Utility Adjustments Anticipated within the Project Limits====&lt;br /&gt;
For projects without a Utility Job Special Provision (JSP), no involvement of the utility owners is required at the pre-con. For projects with a Utility JSP, the Resident Engineer (RE) should invite all utility owner representatives listed in the JSP with known required adjustment to the pre-con. The RE should review potential impacts of the highway construction project with the contractor and the utility owner.&lt;br /&gt;
&lt;br /&gt;
====643.2.17.1.2 All Utility Adjustments Completed Prior to the Pre-Con====&lt;br /&gt;
The RE should invite all utility owner representatives listed in the JSP with known required adjustment to the pre-con. The RE should review potential impacts of the highway construction project with the contractor and the utility owner. A general discussion should highlight the previous adjustments made by the utility owner and what abandoned utility facilities the contractor may encounter.&lt;br /&gt;
&lt;br /&gt;
====643.2.17.1.3 All Utility Adjustments Not Completed Prior to the Pre-Con====&lt;br /&gt;
It is important for the RE and inspector to understand the utility owner’s work schedule and how it relates to the contractor’s work schedule. During the pre-con, the schedule of the utility owner and highway construction contractor should be discussed, and conflicts should be addressed to allow utility adjustments and highway construction to progress as near to the proposed schedule as possible. On large-scale projects that have many utility issues to address that could impact the work of the highway construction contractor, it may be necessary to have a separate pre-con with utility owner representatives.&lt;br /&gt;
&lt;br /&gt;
===643.2.17.2 Coordination Meetings===&lt;br /&gt;
When the utility work will not be completed soon after the preconstruction meeting, the RE should meet with district utilities staff, the highway construction contractor, and the utility owner representatives on a regular basis to discuss utility coordination issues, so expectations from all parties are known and conveyed clearly. The utility owner may need some work performed by MoDOT or the highway construction contractor prior to completing their adjustments. (Examples include: survey staking of right of way or proposed facilities, trees cleared, grading performed, or new structures built).&lt;br /&gt;
&lt;br /&gt;
==643.2.18 Service Drops==&lt;br /&gt;
Power and communication services provided by utility owners are necessary for the operation of the highway system. These services may include power to traffic signals, lighting, or ITS devices; power for cathodic protection; or telecommunication services to signal controllers or ITS devices. The project design teams should work with district utilities staff to identify proper locations for the applicable utility owners to provide these services. Various utility owners have different requirements for this process. The district utilities staff is encouraged to develop a workable relationship with the utility owners who provide these services to MoDOT. The costs of installing the services charged by the utility owner are considered a non-contractual item and should be accounted for in the project’s budget in the STIP. The proposed location and method for the service drops should be shown on the roadway plans. District utilities staff should meet with the utility owner’s representative to ensure the proposed location can be accommodated by the utility owner. For electrical service connections, the power supply assembly is ideally located a maximum of ten feet (10’) from the source location. Plans submitted for PS&amp;amp;E should reflect the agreed upon location for all service connections. During construction, district utilities staff and district construction staff should work together to ensure the placement of the services is consistent with the project plans. Payment for the service drops should be invoiced by the utility owner to the district. District utilities staff is responsible for submission of the invoice directly to Financial Services for payment noting the non-contractual charges for the project.&lt;br /&gt;
&lt;br /&gt;
==643.2.19 Buy America Build America for Utilities==&lt;br /&gt;
FHWA’s Buy America Build America (BABA) policies require a domestic manufacturing process for all steel or iron products, other construction materials, and manufactured products that are permanently incorporated into Federal-Aid Highway construction projects, including products and materials used for adjustments to utility facilities to allow highway construction. These guidelines are for all federally reimbursable transportation projects where FHWA is the lead federal agency; it does not take precedence over projects where Federal Transit Administration or the Federal Railroad Administration is deemed the be the lead federal agency.&lt;br /&gt;
&lt;br /&gt;
===643.2.19.1 Program Requirements for Utilities===&lt;br /&gt;
All MoDOT projects are federal-aid projects, and therefore, all reimbursable utility adjustments are required to follow the provisions of BABA. More information on MoDOT’s BABA policy and procedures can be found in [[106.9_Buy_America_Requirement|EPG 106.9 Buy America Requirement]]. Specifically, utility owners should be aware of the following procedures for determining applicability of the EPG 106.9 requirements to reimbursable utility adjustments necessary to allow highway construction:&lt;br /&gt;
* BABA does not apply when materials are relocated from one location to another within the project limits.&lt;br /&gt;
* BABA does not apply for materials necessary for temporary utility adjustments assuming materials are removed from the right of way upon completion of the utility adjustment to allow highway construction.&lt;br /&gt;
* Non-reimbursable work must be kept separate from reimbursable work (agreements, permits, etc.) in order to not be subject to BABA.&lt;br /&gt;
&lt;br /&gt;
===643.2.19.2 Certification Requirements for Utilities===&lt;br /&gt;
Utility owners have the option of choosing either to self-certify BABA compliance or provide vendor/manufacturer certification to MoDOT. The method of certification is chosen by the utility owner and is documented in either the MRUA or the project specific agreement. Regardless of agreement type or certification method, the utility owner must be compliant with BABA requirements.&lt;br /&gt;
&lt;br /&gt;
====643.2.19.2.1 BABA Utility Owner Self-Certification====&lt;br /&gt;
If a utility owner chooses to self-certify BABA compliance, the utility owner is not required to provide MoDOT copies of the supplier certification as part of the project documentation or with the final invoice for any reimbursable utility adjustment necessary to allow highway construction. Retention of all documents should be as described in the agreement.&lt;br /&gt;
&lt;br /&gt;
====643.2.19.2.2 BABA Vendor/Manufacturer Certification====&lt;br /&gt;
If a utility owner chooses to use vendor/manufacturer certification, the utility owner will supply MoDOT BABA compliance from all vendors and/or manufacturers. Certification from vendors will be signed by an authorized representative of the vendor on company letterhead or other acceptable documentation and will declare that all supplied materials subject to BABA requirements are fully compliant. Certification from iron or steel manufacturers must be in the form of a mill test report (MTF) issued and signed by the initial fabricator stating the materials subject to BABA were melted and manufactured in the United States. Other written statements on company letter or other acceptable documentation signed by an authorized representative of the manufacturer for any additional treatment to the fabricated material (such as blasting, galvanizing, painting, or coating) will state that all treatment processes occurred in the United States according to FWA guidelines. Retention of all documents should be as described in the agreement. Manufacturer certification for manufactured products or construction materials will state that all materials were sourced from the United States and were fabricated in the United States. Retention of all documents should be as described in the agreement.&lt;br /&gt;
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&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643.4 Railroads (NO CHANGE) &#039;&#039;PAGE TITLE&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;&lt;br /&gt;
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==236.5.12 Excess Land Conveyances &amp;amp; Relinquishments - Utilities==&lt;br /&gt;
All conveyances and relinquishments of Commission-owned property shall be evaluated for the existence of any utility facilities located within the areas to be conveyed or relinquished. A conveyance or relinquishment of Commission-owned property may have implications to the utility facilities, and the utility owners, when the Commission no longer controls the property. It is important to maintain the continuity of utility facilities for the general public; therefore, to identify and minimize potential impacts, MoDOT shall involve utility owners in the conveyance and relinquishment processes.&lt;br /&gt;
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===236.5.12.1 Excess Land Conveyances Utilities===&lt;br /&gt;
MoDOT shall only recommend that a property be declared excess upon satisfactorily addressing the utility impacts. Whether MoDOT or an external party initiates the conveyance of excess property, utility impacts shall be adequately addressed by using one of the following methods: &lt;br /&gt;
:1. Each utility facility will be relocated by permit into a new utility corridor retained by the Commission.&lt;br /&gt;
:2. Each utility facility will remain in place with the benefit of a non-exclusive permanent utility easement.&lt;br /&gt;
::&#039;&#039;If the Commission holds fee simple title to the property, the Commission shall convey a non-exclusive permanent utility easement to each utility owner&#039;&#039;.&lt;br /&gt;
::&#039;&#039;If the Commission holds a less than fee simple title interest in the property, MoDOT shall facilitate the conveyance of a non-exclusive permanent utility easement from the party acquiring the property to each utility owner&#039;&#039;.&lt;br /&gt;
:3. Each utility facility will be relocated to another portion of the property being conveyed.&lt;br /&gt;
::&#039;&#039;If the Commission holds fee simple title to the property, the Commission shall convey a non-exclusive permanent utility easement to each utility owner&#039;&#039;. &lt;br /&gt;
::&#039;&#039;If the Commission holds a less than fee simple title interest in the property, MoDOT shall facilitate the conveyance of a non-exclusive permanent utility easement from the party acquiring the property to each utility owner&#039;&#039;.&lt;br /&gt;
:4. Each utility facility will be relocated onto a portion of the property already owned by the party acquiring the Commission-owned property, with the benefit of a non-exclusive permanent easement. (MoDOT shall facilitate the conveyance of a non-exclusive permanent utility easement from the party acquiring the property to each utility owner.)&lt;br /&gt;
:5. A three-party negotiated settlement taking into consideration the overall value of the proposed transaction.&lt;br /&gt;
:6. Additional options to address utility impacts may be utilized with approval from the Asst. to the State Design Engineer - Right of Way.&lt;br /&gt;
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===236.5.12.2 Road Relinquishment Utilities===&lt;br /&gt;
MoDOT shall only recommend the relinquishment of roadways through the [[236.14 Change in Route Status Report|Change in Route Status Report]] upon satisfactorily addressing the impacts to utility facilities. If the roadway will be relinquished to a local public transportation authority, with the intent that it continues to be used as a public roadway, a clause similar to the following shall be included in the deed from the Commission to the local public transportation authority:&lt;br /&gt;
:&#039;&#039;&amp;quot;Grantee, by acceptance of this conveyance, covenants and agrees for itself, its successors and assigns, to allow known or unknown utility facilities currently located on the property, whether of record or not, to remain on the property, and to grant the current and subsequent owners of those facilities the right to maintain, construct and reconstruct the facilities and their appurtenances over, under, and across the land herein conveyed, along with the right of ingress and egress across the land herein conveyed to and from those utilities.&amp;quot;&#039;&#039; &lt;br /&gt;
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Proposed roadway relinquishments to private entities shall be reviewed in a manner consistent with the conveyance of excess property described in [[236.5 Property Management#236.5.3 Asset Management Committee|EPG 236.5.3 Asset Management Committee]].&lt;/div&gt;</summary>
		<author><name>Hoskir</name></author>
	</entry>
	<entry>
		<id>https://epg.modot.org/index.php?title=User:Hoskir/Revision_Request_4225&amp;diff=58867</id>
		<title>User:Hoskir/Revision Request 4225</title>
		<link rel="alternate" type="text/html" href="https://epg.modot.org/index.php?title=User:Hoskir/Revision_Request_4225&amp;diff=58867"/>
		<updated>2026-06-18T21:04:30Z</updated>

		<summary type="html">&lt;p&gt;Hoskir: /* 643.2.12 Utility Agreements */&lt;/p&gt;
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&lt;div&gt;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643 Utility Procedures  &#039;&#039;CATEGORY&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt; &lt;br /&gt;
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| &#039;&#039;&#039;&amp;lt;center&amp;gt;&amp;lt;u&amp;gt;Additional Resources&amp;lt;/u&amp;gt;&amp;lt;/center&amp;gt;&#039;&#039;&#039;&lt;br /&gt;
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| ● [https://www.ecfr.gov/current/title-23/chapter-I/subchapter-G/part-64523 CFR 645]&lt;br /&gt;
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| ● [https://www.sos.mo.gov/cmsimages/adrules/csr/current/7csr/7c10-3.pdf7 CSR 10-30]&lt;br /&gt;
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&#039;&#039;&#039;Utility Accommodation Policy:&#039;&#039;&#039; State DOTs are required to develop policies and procedures pertaining to the use, accommodation, and/or relocation of public and private utility facilities on highway rights-of way using Federal-aid highway funds. State DOTs are required to develop, maintain, and obtain FHWA approval of their Utility Accommodation Policy (UAP) (23 CFR section 645.215). This EPG article 643 and subarticles 643.1 through 643.3 are Missouri Department of Transportation (MoDOT)’s Utility Accommodation Policy. Text in EPG 643 consolidates various federal and state statutes and rules into a single, cohesive, workable policy to outline processes for MoDOT staff and utility owners.&lt;br /&gt;
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&#039;&#039;&#039;Delegation of Work:&#039;&#039;&#039; Each MoDOT district is responsible for ensuring implementation of the UAP outlined in the subsequent EPG articles. Each district can create its own organization for whom is responsible for the work including between divisions and job titles. Work responsibilities within this article and subarticles are generic where possible. If a specific title is included, that title has sole responsibility for that item of work.&lt;br /&gt;
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&#039;&#039;&#039;643 documents not being used&#039;&#039;&#039;&lt;br /&gt;
[[media:144 Major Highway System 2022.pdf|major routes]]&lt;br /&gt;
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&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643.1 Utility Location  &#039;&#039;PAGE TITLE&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt; &lt;br /&gt;
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The information in this article provides a uniform system for regulating the location, construction, maintenance, removal, and relocation of utility facilities on the right of way of roadways located on the state highway system. It also provides for the facilitation of construction and maintenance of these roadways. Any location or relocation of utility facilities contrary to this information is an interference with the construction, maintenance, or operation of a state highway and its right of way and is prohibited.&lt;br /&gt;
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==643.1.1 Permits==&lt;br /&gt;
All utility owners are required to obtain a permit to work on Missouri Highway and Transportation Commission (Commission) right of way. A permit is required for original installation of the utility facility, on-going maintenance of the utility facility, or adjustments to a utility facility necessary to allow highway construction. Per [[127.29_Stormwater#127.29.4.3_MCM_3:_Illicit_Discharge_Detection_and_Elimination_(IDDE)_Program|EPG 127.29.4.3]], discharges of anything other than stormwater are not permitted. A deposit or bond is required to ensure completion of the work in accordance with the permit issued. An [https://www.modot.org/permits application for a permit] may be made on established forms specifically stating the nature of the work to be performed. Applications for permits may be obtained at any of the [https://www.modot.mo.gov/ seven (7) district highway offices] of the Commission, [https://www.modot.mo.gov/ MoDOT&#039;s website], or by requesting it from the office of the Missouri Highways and Transportation Commission in Jefferson City, Missouri. The application for a permit will specifically state the nature of the work to be performed, what specific type of utility facility is to be installed, and, if necessary, the timeframe of any temporary use. Piping of any type of sewage or waste will only be allowed providing any permitting by a regulatory agency, such as Missouri Department of Natural Resources, can be provided. Prior to obtaining a permit through MoDOT’s permit system, a utility owner will be required to provide a bond to ensure satisfactory work and complete a TR50 Electronic Signature Agreement with the Commission. The name of the utility owner must match on the bond, TR50, and in the permit system. More information on permitting can be found in [[:Category:941_Permits_and_Access_Requests|EPG 941]].&lt;br /&gt;
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===643.1.1.1 Emergency Work===&lt;br /&gt;
When emergency operations work is necessary, the damaged utility facility may be accessed immediately and without a permit by leaving the pavement at such points as may be necessary to effect emergency repairs, provided immediate notice is given to the Missouri State Highway Patrol and the district utilities staff for the district wherein the work will be performed, and a permit for emergency operations is requested immediately upon discovery of the need for emergency operations. A permit for emergency operations work is to be obtained as soon as practical, but in no event later than two (2) working days after the emergency operations work has commenced. Emergency operations include, but are not limited to, unplanned work in response to utility facilities being so damaged as to constitute an emergency situation directly affecting or endangering traffic on the highway or public health or safety.&lt;br /&gt;
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===643.1.1.2 Third-Party Inspection===&lt;br /&gt;
When a utility owner has a large number of projects in a given area or projects involving great complexity, MoDOT reserves the right to limit the number of permits open at any given time. With approval of the district utilities staff, a utility owner may hire a third-party inspector, at their cost. The third-party inspector will allow the utility owner to increase the number of permits open at any given time. The responsibility of the third-party inspector will be to ensure the installation of the utility facility proceeds in a manner consistent with the plans approved in the permit, including all work zone requirements and conformity with MoDOT’s Standards and Specifications. The MoDOT approved third-party inspector will be listed in the permit. MoDOT may audit third-party inspections and revoke the right to use third-party inspections should the inspectors fail to perform their duties.&lt;br /&gt;
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===643.1.1.3 Abandoned Utility Facilities===&lt;br /&gt;
All utility facilities installed in Commission right of way are the property of the utility owner whether the utility facility is active or inactive. MoDOT may allow a utility facility to remain on Commission right of way whether the utility facility was abandoned for a MoDOT project or at the utility owner’s discretion. MoDOT may place requirements (such as removing inactive fiber optic cables, grouting pipes, removing valves) on the utility owner as part of the process of abandoning a utility facility. Liability for damage to Commission right of way due to an abandoned facility remains the responsibility of the utility owner. In the event MoDOT requires the removal of the abandoned utility facility, responsibility for the cost of the removal will be determined per [[643.2_Local_Utility_Adjustments_-_Public_and_Private#643.2.8_Preliminary_Engineering_(PE)_Requirements|EPG 643.2.8]].&lt;br /&gt;
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==643.1.2 Definitions==&lt;br /&gt;
&#039;&#039;&#039;Bridge Attachment:&#039;&#039;&#039; A bridge attachment is any utility facility, including communication lines and electrical lines, or any other utility facility of a similar nature that is fastened to a bridge for the purpose of spanning an obstacle.&lt;br /&gt;
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&#039;&#039;&#039;Clear zone:&#039;&#039;&#039; The total roadside border area starting at the edge of the traveled way, available for safe use by errant vehicles. This area may consist of a shoulder, a recoverable slope, a non-recoverable slope, and/or the area at the toe of a non-recoverable slope available for safe use by an errant vehicle. Clear zone dimensions are provided in the current edition of American Association of State Highway Transportation Officials Roadside Design Guide.&lt;br /&gt;
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&#039;&#039;&#039;Ditch Line:&#039;&#039;&#039; A line where the roadway ditch meets the back slope. It is located at the lowest point of a V-bottom ditch or furthest point from the roadway of a flat bottom ditch where the roadway slopes back to the existing ground line.&lt;br /&gt;
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&#039;&#039;&#039;Duct:&#039;&#039;&#039; An enclosed tubular casing, or raceway, for protecting wires, lines, or cables that is often flexible or semi-rigid (1-3% diametric deflection). The casing, or raceway, is separate from the cable or conductor that passes through it.&lt;br /&gt;
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&#039;&#039;&#039;Encasement:&#039;&#039;&#039; The term encasement means the placing of an installation around and outside of an underground facility consisting of a larger conduit that permits the removal and replacement of the facility. An alternate to the conduit type encasement is reinforced concrete poured around the utility facility. Utility owners are allowed to use any types of material as a carrier and encasement for its facilities as expressly provided for in the permit issued for the installation of the utility facility.&lt;br /&gt;
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&#039;&#039;&#039;Freeway:&#039;&#039;&#039; A divided arterial highway with full control of access.&lt;br /&gt;
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&#039;&#039;&#039;Highway:&#039;&#039;&#039; Any public way for vehicular travel, including the entire area within the right of way and related facilities constructed or improved and maintained by the Missouri Highways and Transportation Commission (MHTC) acting through the Missouri Department of Transportation (MoDOT).&lt;br /&gt;
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&#039;&#039;&#039;Interchange Limits:&#039;&#039;&#039; For the uniform handling of utility installations only, the limits of an interchange are the outside ramp curve points. See [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_1_TypicalInterchangeLimits_AOD.pdf EPG Figure 643.1.1] for an example.&lt;br /&gt;
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&#039;&#039;&#039;Interstate System or Other Freeways/Expressways:&#039;&#039;&#039; Interstate highways and highways with fully controlled access.&lt;br /&gt;
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&#039;&#039;&#039;Major Routes (Interstates, Freeways/Expressways and Principal Arterials):&#039;&#039;&#039; The major highway system is all routes functionally classified as principal arterials. The principal arterial system provides for statewide or interstate movement of traffic. The major roads in Missouri total approximately 5,500 centerline miles.&lt;br /&gt;
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&#039;&#039;&#039;Minor Routes:&#039;&#039;&#039; The minor highway system is all routes functionally classified as minor arterials or collectors. These routes mainly serve local transportation needs. The minor roads in Missouri total approximately 28,400 centerline miles.&lt;br /&gt;
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&#039;&#039;&#039;Normal Right of Way Line:&#039;&#039;&#039; An imaginary line that connects sudden breaks in the major right of way points for roadways. Sight distance right of way points (triangles) at roadway intersections are not to be considered as sudden breaks for determining normal right of way.&lt;br /&gt;
[[File:fig_643.1.2-06_2026.jpg|none|700px|thumb|Figure 643.1.2 Normal Right of Way Line.]]&lt;br /&gt;
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&#039;&#039;&#039;Private Lines:&#039;&#039;&#039; Privately owned utility facilities which convey or transmit the commodities outlined in the definition of utility facility of this section but devoted exclusively to private use.&lt;br /&gt;
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&#039;&#039;&#039;Scenic Enhancement Areas:&#039;&#039;&#039; Scenic enhancement areas include areas acquired or so designated as scenic strips, overlooks, rest areas, recreation areas, and the right of way of adjacent roadways and the right of way of roadways that pass through public parks and historic sites as described under 23 USC 138.&lt;br /&gt;
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&#039;&#039;&#039;Utility Corridor:&#039;&#039;&#039; An area established for the placement of utility facilities parallel to the normal right of way line.&lt;br /&gt;
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&#039;&#039;&#039;Utility Facility:&#039;&#039;&#039; Privately, publicly, or cooperatively owned line, facility, or system for producing, transmitting, or distributing communications, cable television, power, electricity, light, heat, gas, oil, crude products, water, steam, waste, storm water not connected with highway drainage or any other similar commodity, including any fire or police signal system or street lighting system which directly or indirectly serves the public and does not include privately owned facilities devoted exclusively to private use. The term &amp;quot;utility facility&amp;quot; includes those facilities used solely by the utility owner that are a part of its operating plant.&lt;br /&gt;
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&#039;&#039;&#039;Utility Owner:&#039;&#039;&#039; The utility owner is the utility company, inclusive of any wholly owned or controlled subsidiary, or city or county which owns utility facilities. The term also includes those government agencies that lease a utility facility for its own use or otherwise dedicated solely to governmental use.&lt;br /&gt;
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&#039;&#039;&#039;Variance:&#039;&#039;&#039; A one- (1-) time deviation from the requirements for location or relocation of utility facilities on the right of way of highways in the state highway system as established in [https://www.sos.mo.gov/cmsimages/adrules/csr/current/7csr/7c10-3.pdf Title 7 Code of State Regulations 10-3], requested by the utility, and approved by a MoDOT District Design Engineer.&lt;br /&gt;
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==643.1.3 Location of Utility Facilities==&lt;br /&gt;
Utility facilities paralleling the roadway should be installed in the utility corridor except as outlined below. The utility corridor is the space for all utility owners generally within six feet (6’) of the normal right of way line. When considering if the current utility corridor is available to expand from six feet (6’) to as much as twelve feet (12’), MoDOT determines if the expansion is warranted. In making the determination, MoDOT will consider the existing utilization of the original six feet (6’) corridor. Poles must remain within two feet (2’) of the normal right of way line unless approved by a variance. The utility corridor will only be expanded beyond six feet (6’) if the original six feet (6’) corridor is fully utilized and additional space would be required to accommodate additional utility facilities. Acquisition of additional right of way to establish a twelve feet (12’) corridor is not required on highway construction projects. For depths for underground utility facilities, see [[#643.1.4.1_Minimum_Cover_for_Underground_Facilities|EPG 643.1.4.1]].&lt;br /&gt;
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Utility facilities crossing the roadway should be installed as close to ninety degrees (90°) to the centerline of the roadway as possible and based on the guidelines below depending on the type of roadway. See [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_3_TypicalUtilityCorridor-InterchangeatMajorRoute_AOD.pdf EPG Figure 643.1.3] and [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_4_TypicalUtilityCorridor-InterchangeatMinorRoute_AOD.pdf EPG Figure 643.1.4] for typical utility corridors around interchanges.&lt;br /&gt;
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===643.1.3.1 Interstate System or Other Major Freeways/Expressways===&lt;br /&gt;
The installation of all utility facilities on highways of the Interstate System or other major freeways/expressways with fully controlled access are to be installed, serviced, and maintained without entering or leaving the roadway and ramps except at points approved by MoDOT for that purpose and without parking any equipment or storing materials upon the medians, roadway and ramps, or shoulders of the roadways. Cutting or damaging the pavement or paved shoulders is not permitted. New service connections to existing parallel utility facilities are to be permitted only where an outer roadway exists and then only where access is permitted by the Commission. Careful consideration will be given to the location of guys, anchors, braces, and other supports. Generally, good design practice will provide that appurtenances be located at right of way jogs, along intersecting road right of way, or at other similar acceptable locations, so that encroachment is held to an absolute minimum.&lt;br /&gt;
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No utility facilities will be permitted within the interchange limits of an interchange between fully limited access highways where planned or existing. Utility facilities within the interchange limits of an interchange with a non-access controlled highway will be permitted only along the minor road, provided that all construction, service, and maintenance can be performed from the minor road. Manholes and poles must be located beyond the ramp termini.&lt;br /&gt;
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For structures carrying or over interstates or other major freeways/expressways, see [[#643.1.5_Bridge_Attachment_Policy|EPG 643.1.5]].&lt;br /&gt;
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====643.1.3.1.1 Utility Facilities Crossing the Interstate or Other Major Freeways/Expressways====&lt;br /&gt;
=====643.1.3.1.1.1 Overhead Crossings of the Interstate or Other Major Freeways/Expressways=====&lt;br /&gt;
Overhead crossings of utility facilities are permitted only for power transmission and distribution lines and for multiple circuit communication lines where an underground installation is not economically feasible. Supports for existing utility facilities crossing overhead may remain on the right of way provided they are near the right of way line regardless of the presence of an outer road. Supports for new overhead utility facilities crossing overhead may be located on the right of way near the right of way line where an outer roadway exists and are to be located off the right of way where no outer roadway exists. Overhead service crossings are only permitted in isolated cases for residential or commercial establishments when the denial of the crossing would require construction of more than 1,200 feet (1,200’) of utility line to provide the service. Main or distribution line crossings are required to serve a general area other than isolated cases.&lt;br /&gt;
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=====643.1.3.1.1.2 Underground Crossings of the Interstate or Other Major Freeways/Expressways=====&lt;br /&gt;
Underground crossings of utility facilities are to be continuously encased under the pavement, medians, ramps, and shoulders with the casing extending to the toe of the fill slopes or to the ditch line. In curbed sections, encasement should extend outside the outer curb of the roadways a distance equal to the depth of the encasement at the curb line. Where installed by open trench through unpaved areas, detector tape should be placed approximately one foot (1&#039;) above the encasement. Where an interstate or other major freeway has a parallel outer roadway, encasement should be continuous under all roadways within the right of way.&lt;br /&gt;
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Manholes or vent pipes are to be located at the right of way line or adjacent to the outer roadway.&lt;br /&gt;
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For fiber optic cable, encasement should extend from within six feet (6&#039;) of one right of way line to within six feet (6&#039;) of the other right of way line.&lt;br /&gt;
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Exceptions may be made for encasement as listed in [[#643.1.4.2_Exceptions_to_Encasement|EPG 643.1.4.2]].&lt;br /&gt;
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=====643.1.3.1.1.3 Parallel Installations along the Interstate or Other Major Freeways/Expressways=====&lt;br /&gt;
New parallel installations on the right of way may be permitted only where an outer roadway exists, provided that poles are within two feet (2&#039;) of the normal right of way line and underground utility facilities are within the utility corridor, and provided that the utility facility can be installed and maintained between the outer roadway and the right of way line. Existing overhead or underground utility facilities that parallel an existing roadway which will be incorporated into a completed highway as an outer roadway may remain in place if all maintenance and service can be performed from an outer roadway and the existing location does not interfere with construction, maintenance, or operation of the completed highway. If an existing parallel utility facility needs to be relocated so as to not interfere with the construction, maintenance, or operation of the completed interstate or other major freeway, poles may be located withing five feet (5’) of the right of way line.&lt;br /&gt;
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Underground utility facilities are expected to be buried within the utility corridor of sight distance triangles (SDTs) at roadway intersections unless granted a variance. Overhead utility facilities may be allowed to span intersecting roadways with SDTs provided the poles, or supports, are located outside the SDT.&lt;br /&gt;
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=====643.1.3.1.1.4 Sanitary Sewers within the Right of Way of Interstates or Other Major Freeways/Expressways=====&lt;br /&gt;
New installations of sanitary sewers should follow the applicable guidelines for either underground crossings or parallel installations as appropriate. Existing gravity trunk sanitary sewers should be considered individually and removed or left in place contingent upon its age, condition, feasibility of moving, and maintenance access. Encasement of existing trunk sewers left in place may be required for questionable condition, protection during construction, or heavy fills.&lt;br /&gt;
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Manholes should be relocated to the right of way lines or adjacent to an outer roadway.&lt;br /&gt;
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===643.1.3.2 Major Routes===&lt;br /&gt;
For structures carrying or over major routes, see [[#643.1.5_Bridge_Attachment_Policy|EPG 643.1.5]].&lt;br /&gt;
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====643.1.3.2.1 Major Routes with Partially Controlled Access Right of Way====&lt;br /&gt;
The installation of all utility facilities on highways with partially controlled access right of way are to be installed, serviced, and maintained without entering or leaving the roadway and ramps except at points approved by MoDOT for that purpose and without parking any equipment or storing materials upon the medians, roadway and ramps, or shoulders of the roadways. Cutting or damaging the pavement or paved shoulders is not permitted. Equipment or materials stored within the right of way must be protected by longitudinal barrier or be located outside the clear zone. New service connections to existing parallel utility facilities are to be permitted only where granted by the Commission.&lt;br /&gt;
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No utility facilities will be permitted within the interchange limits of an interchange between fully limited access highways where planned or existing. Utility facilities within the interchange limits of an interchange with a non-access controlled highway will be permitted only along the minor road, provided that all construction, service, and maintenance can be performed from the minor road. Manholes and poles must be located beyond the ramp termini.&lt;br /&gt;
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====643.1.3.2.2 Major Routes with Normal Access Right of Way====&lt;br /&gt;
All new utility facilities will be installed and maintained without cutting or damaging the pavement or paved shoulders except in the event underlying rock formations or other obstructions are encountered that prevent boring or pushing operations. A variance may be granted for pavement cuts when the need is established. Pavement cuts may only be made by permits issued when it is impractical to otherwise service and maintain the facility. The installation of all utility facilities is to be installed without parking any equipment or storing materials upon the medians, roadway and ramps, or shoulders of the roadways. Equipment or materials stored within the right of way must be protected by longitudinal barrier or be located outside the clear zone.&lt;br /&gt;
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====643.1.3.2.3 Utility Facilities Crossing Major Routes====&lt;br /&gt;
=====643.1.3.2.3.1 Overhead Crossings of Major Routes=====&lt;br /&gt;
Supports for utility facilities crossing overhead should be located as near the right of way line as possible. For major routes with controlled access right of way, new overhead service crossings may be permitted in isolated cases for residential or commercial establishments where the denial of such crossings would require the construction of more than 1,200 feet (1,200’) of utility line to provide the same service. For major routes with normal access right of way, there is no restriction on the placement of service crossings.&lt;br /&gt;
&lt;br /&gt;
=====643.1.3.2.3.2 Underground Crossings of Major Routes=====&lt;br /&gt;
Underground crossings of utility facilities are to be continuously encased under the pavement, medians, ramps, and shoulders with the casing extending to the toe of the fill slopes or to the ditch line. In curbed sections, encasement should extend outside the outer curb of the roadways a distance equal to the depth of the encasement at the curb line. Where installed by open trench through unpaved areas, detector tape should be placed approximately one foot (1&#039;) above the encasement. Where a major route has a parallel outer roadway, encasement should be continuous under all roadways within the right of way.&lt;br /&gt;
&lt;br /&gt;
Manholes or vent pipes are to be located at the right of way line or adjacent to the outer roadway.&lt;br /&gt;
&lt;br /&gt;
For fiber optic cable, encasement should extend from within six feet (6&#039;) of one right of way line to within six feet (6&#039;) of the other right of way line.&lt;br /&gt;
&lt;br /&gt;
Exceptions may be made for encasement as listed in [[#643.1.4.2_Exceptions_to_Encasement|EPG 643.1.4.2]].&lt;br /&gt;
&lt;br /&gt;
====643.1.3.2.4 Parallel Installations along Major Routes====&lt;br /&gt;
New parallel installations on the right of way may be permitted provided that poles are within two feet (2&#039;) of the normal right of way line and underground utility facilities are within the utility corridor. Existing overhead or underground utility facilities that parallel an existing roadway which will be incorporated into a completed highway may remain in place if all maintenance and service can be performed without entering or leaving the roadway except at approved access points; without parking equipment or storing materials on the median, pavement, ramps, or shoulders; and the existing location does not interfere with construction, maintenance, or operation of the completed highway. If an existing parallel utility facility needs to be relocated so as to not interfere with the construction, maintenance, or operation of the completed highway, poles may be located withing five feet (5’) of the right of way line.&lt;br /&gt;
&lt;br /&gt;
Existing steel pipe transmission and distribution facilities for gaseous petroleum products that parallel an existing roadway that will be incorporated into the completed roadway may be left in place subject to an agreement by the utility owner that maintenance or service and facility expansion will be performed without cutting or damaging the pavement or interfering with the construction, maintenance, and operation of the highway and provided that the facility is cathodically protected against corrosion and meets the applicable material requirements.&lt;br /&gt;
&lt;br /&gt;
Underground utility facilities are expected to be buried within the utility corridor of sight distance triangles (SDTs) at roadway intersections unless granted a variance. Overhead utility facilities may be allowed to span intersecting roadways with SDTs provided the poles, or supports, are located outside the SDT.&lt;br /&gt;
&lt;br /&gt;
====643.1.3.2.5 Sanitary Sewers within the Right of Way of Major Routes====&lt;br /&gt;
New installations of sanitary sewers should follow the applicable guidelines for either underground crossings or parallel installations as appropriate. An existing gravity trunk sanitary sewer should be considered individually and removed or left in place contingent upon its age, condition, feasibility of moving, and maintenance access. If an existing parallel gravity main is left in place within the limits of the paved surface, paved shoulder lines, or curb lines, stub mains as required will be laid between the sewer main and curb or shoulder lines for future service connections in each block. Manholes should be relocated outside the traveled roadway as near the right of way line as practical.&lt;br /&gt;
&lt;br /&gt;
===643.1.3.3 Minor Routes===&lt;br /&gt;
For structures carrying or over minor routes, see [[#643.1.5_Bridge_Attachment_Policy|EPG 643.1.5]].&lt;br /&gt;
&lt;br /&gt;
====643.1.3.3.1 Utility Facilities Crossing Minor Routes====&lt;br /&gt;
=====643.1.3.3.1.1 Overhead Crossings of Minor Routes=====&lt;br /&gt;
Existing overhead crossings that interfere with construction, maintenance, or operation should be relocated with their supports as near the right of way line as is practical. New overhead crossing installations should be located with their supports as near the right of way line as is practical.&lt;br /&gt;
&lt;br /&gt;
=====643.1.3.3.1.2 Underground Crossings of Minor Routes=====&lt;br /&gt;
All new utility facilities should be installed and maintained without cutting or damaging the pavement or paved shoulders. A variance may be granted for pavement cuts when servicing and maintaining the facility by any other methods is impractical. Pavement cuts may only be made by permits issued. Underground crossings of utility facilities are to be continuously encased under the pavement, medians, ramps, and shoulders with the casing extending to the toe of the fill slopes or to the ditch line. In curbed sections, encasement should extend outside the outer curb of the roadways a distance equal to the depth of the encasement at the curb line. Where installed by open trench through unpaved areas, detector tape should be placed approximately one foot (1&#039;) above the encasement.&lt;br /&gt;
&lt;br /&gt;
Manholes or vent pipes are to be located at the right of way line or adjacent to the outer roadway.&lt;br /&gt;
&lt;br /&gt;
For fiber optic cable, encasement should extend from within six feet (6&#039;) of one right of way line to within six feet (6&#039;) of the other right of way line.&lt;br /&gt;
&lt;br /&gt;
Exceptions may be made for encasement as listed in [[#643.1.4.2_Exceptions_to_Encasement|EPG 643.1.4.2]].&lt;br /&gt;
&lt;br /&gt;
====643.1.3.3.2 Parallel Installations along Minor Routes====&lt;br /&gt;
New parallel installations on the right of way may be permitted provided that poles are within two feet (2&#039;) of the normal right of way line and underground utility facilities are within the utility corridor. Existing overhead or underground utility facilities that parallel an existing roadway which will be incorporated into a completed highway may remain in place if all maintenance and service can be performed without entering or leaving the roadway except at approved access points; without parking equipment or storing materials on the median, pavement, ramps, or shoulders; and the existing location does not interfere with construction, maintenance, or operation of the completed highway. If an existing parallel utility facility needs to be relocated so as to not interfere with the construction, maintenance, or operation of the completed highway, poles may be located within five feet (5’) of the right of way line.&lt;br /&gt;
&lt;br /&gt;
Underground utility facilities are expected to be buried within the utility corridor of sight distance triangles (SDTs) at roadway intersections unless granted a variance. Overhead utility facilities may be allowed to span intersecting roadways with SDTs provided the poles, or supports, are located outside the SDT.&lt;br /&gt;
&lt;br /&gt;
====643.1.3.3.3 Sanitary Sewers within the Right of Way of Minor Routes====&lt;br /&gt;
New installations of sanitary sewers should follow the applicable guidelines for either underground crossings or parallel installations as appropriate. An existing gravity trunk sanitary sewer should be considered individually and removed or left in place contingent upon its age, condition, feasibility of moving, and maintenance access. If an existing parallel gravity main is left in place within the limits of the paved surface, paved shoulder lines, or curb lines, stub mains as required will be laid between the sewer main and curb or shoulder lines for future service connections in each block. Manholes should be relocated outside the traveled roadway.&lt;br /&gt;
&lt;br /&gt;
===643.1.3.4 Roundabouts===&lt;br /&gt;
Regardless of roadway type, it is desirable to avoid locating utility facilities and their access points within the circulatory roadway. If possible, utility facilities are located in the legs of the roundabout to allow for future maintenance and access at an isolated leg versus affecting the entire roundabout. See [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_5_TypicalLocationofUtilityFacilitiesnearRoundabouts_AOD.pdf EPG Figure 643.1.5] for an example.&lt;br /&gt;
&lt;br /&gt;
===643.1.3.5 Utility Facilities in Scenic Enhancement Areas===&lt;br /&gt;
All existing utility facilities within the limits of a scenic enhancement area requiring adjustment because of construction or reconstruction will be placed underground or relocated beyond the limits of the scenic enhancement area. No new above ground facilities will be permitted. New underground facilities will be permitted provided they do not extensively alter or impair the appearance of the area.&lt;br /&gt;
&lt;br /&gt;
==643.1.4 Installation of Utility Facilities==&lt;br /&gt;
The following sections provide information on the physical installation of utility facilities within highway right of way.&lt;br /&gt;
&lt;br /&gt;
===643.1.4.1 Minimum Cover for Underground Facilities===&lt;br /&gt;
The minimum cover for new underground utilities is:&lt;br /&gt;
* Forty-two inches (42”) for all water lines (parallel and crossings).&lt;br /&gt;
* Forty-two inches (42”) for fiber optic cable (crossings encased in rigid conduit).&lt;br /&gt;
* Seventy-two inches (72”) for fiber optic cable (crossings encased in polyethylene (PE) pipe).&lt;br /&gt;
* Thirty inches (30”) for direct burial and in trench fiber optic cable (parallel).&lt;br /&gt;
* Twenty-four inches (24”) for all other direct burial copper or coaxial cable, (parallel).&lt;br /&gt;
* Seventy-two inches (72”) for uncased polyethylene (PE) gas pipe crossings under ditches and roadways but thirty inches (30”) elsewhere.&lt;br /&gt;
* Thirty inches (30”) for all other (such as, but not limited to, gravity sewers, forced sewers, and electric) underground utilities (both parallel and crossing).&lt;br /&gt;
&lt;br /&gt;
===643.1.4.2 Exceptions to Encasement===&lt;br /&gt;
Exceptions may be made for encasement as follows:&lt;br /&gt;
* Non-fiber communication or electric cables installed in ducts.&lt;br /&gt;
* Welded steel pipelines carrying gaseous or liquid petroleum products - provided they are cathodically protected against corrosion, triple-coated in accordance with accepted pipeline construction standards, and meet applicable material requirements.&lt;br /&gt;
* Natural gas distribution pipe (nominal six-inch (6”) diameter maximum) of polyethylene (PE) plastic, traceable, installed by a horizontal bore method at a minimum depth of seventy-two inches (72”) under ditches and roadways, constructed in accordance with and meeting applicable material requirements.&lt;br /&gt;
* Gas service connections protected and constructed in accordance with and meeting applicable material requirements.&lt;br /&gt;
* Encasement is not required for new trunk sanitary sewer crossings of vitrified clay, reinforced concrete or cast iron except when installation procedures would produce voids in the roadbed, heavy fills, or installations under pressure.&lt;br /&gt;
&lt;br /&gt;
===643.1.4.3 Above Ground or Ground Level Appurtenances===&lt;br /&gt;
Appurtenances protruding more than four inches (4”) above the ground line should be located outside the clear zone. If no feasible alternative exists and if permitted by a variance, appurtenances may be allowed within the clear zone if they meet breakaway criteria or will be shielded by a traffic barrier. Good design practice will provide that appurtenances be located at right of way jogs, along intersecting road right of way, or at other similar acceptable locations, so that encroachment is held to an absolute minimum. Cables, wires, small diameter pipes, and other such utility appurtenances extending from the surface of the ground should be equipped with covers or guards to improve their visibility. Appurtenances within sidewalks or street level pedestrian access routes are to be in conformance with the Americans with Disabilities Act requirements.&lt;br /&gt;
&lt;br /&gt;
The maximum pull box width perpendicular to the right of way line within the utility corridor is thirty inches (30”).&lt;br /&gt;
&lt;br /&gt;
===643.1.4.4 Overhead Utility Facilities===&lt;br /&gt;
The vertical clearance of new or existing overhead installations will not be less than the current minimum requirements of the National Electric Safety Code, but in no case less than eighteen feet (18’) inclusive of sag above the groundline for electrical facilities. Clearance may be reduced for overhead installations of cable, telephone, or fiber optic facilities.&lt;br /&gt;
A minimum radial clearance of twenty-five feet (25’) is provided from any utility facility to the nearest part of any bridge structure. A minimum radial clearance of ten feet (10’) is provided from the nearest charged electrical line to a MoDOT signal, lighting, ITS, or overhead sign structure.&lt;br /&gt;
&lt;br /&gt;
===643.1.4.5 Approved Materials===&lt;br /&gt;
Utility owners are allowed to use any material for underground utility facilities including carrier and encasement provided they accept responsibility for any future repairs and/or replacement of damaged MoDOT facilities should a failure occur. This will allow the use of current technology and procedures to provide the best value to its subscribers and the taxpayers of Missouri. For materials that MoDOT also uses in its highway system, utility owners must provide materials that meet the current [https://www.modot.org/missouri-standard-specifications-highway-construction Missouri Standard Specifications for Highway Construction]. For materials not listed in the Missouri Standard Specifications for Highway Construction, the utility owner should provide documentation of the standards used to determine suitability of the material.&lt;br /&gt;
&lt;br /&gt;
===643.1.4.6 Cutting===&lt;br /&gt;
In the event permission is granted to cut an existing concrete or asphalt pavement or sidewalk, the appropriate provisions below should be followed.&lt;br /&gt;
&lt;br /&gt;
====643.1.4.6.1 Pavement====&lt;br /&gt;
All pavement cuts should be made with a saw to the full depth of the pavement. The width of the cut is typically determined by the width of the trench plus a minimum one foot (1’) on each side of the trench. In the event the distance to any adjacent longitudinal or transverse joint or crack is less than four feet (4’), the pavement must be removed to the joint or crack. Cuts for perpendicular service tie-ins should be a minimum of three feet (3’) wide. Longitudinal main installations are typically cut at a minimum of half the lane width, but in no instance should the cut be along the wheel path of the lane.&lt;br /&gt;
[[File:fig_643.1.6-06_2026.jpg|800px|none|thumb|Figure 643.1.6 Pavement Repair Dimension Requirements.]]&lt;br /&gt;
&lt;br /&gt;
The utility facilities should be placed in a location with the least impact to the roadway. Typically, this leads to placement in the shoulder when available followed by the two-way left turn lane (TWLTL), and then outside lanes before allowing placement in interior through lanes. Lane switching should be kept to a minimum and should not be used to minimize repair sizes. Cuts for mains or service leads that may not be perpendicular to the roadway should be squared-off.&lt;br /&gt;
&lt;br /&gt;
Replacement of cut pavement should be full depth concrete in accordance with the current version at the time of installation of Section 613.10 Full Depth Pavement Repairs of the Missouri Standard Specifications for Highway Construction and the Missouri Standard Plans for Highway Construction. If the area of the pavement repair is not to be fully resurfaced all joints including the overcut from the sawing operation should be filled with an expansive mortar, epoxy, polyester, or joint material as approved by the Engineer in accordance with Section 1057 of the Missouri Standard Specifications for Highway Construction.&lt;br /&gt;
&lt;br /&gt;
====643.1.4.6.2 Pedestrian Access Routes====&lt;br /&gt;
All cuts in the pedestrian access routes whether asphalt or concrete should be made by saw and be the full depth of the material. Entire slabs of concrete sidewalk should be removed. Repair of the pedestrian access route must meet Americans with Disability Act requirements, see [[:Category:642_Pedestrian_Facilities|EPG 642]]. Cuts through curb ramps or detectable warning areas are not permitted. Rather the entire curb ramp or detectable warning area must be removed and replaced. MoDOT district ADA contacts can help ensure ADA compliance of impacted pedestrian access routes.&lt;br /&gt;
&lt;br /&gt;
===643.1.4.7 Non-disturbance Areas===&lt;br /&gt;
MoDOT has certain areas of right of way where mowing, spraying, digging, or other vegetation disturbance activities are restricted. These areas have been established to mitigate the environmental impacts of a previous project and should be avoided. If the areas cannot be avoided, contact MoDOT’s Environmental Section.&lt;br /&gt;
&lt;br /&gt;
==643.1.5 Bridge Attachment Policy==&lt;br /&gt;
No utility facility will be permitted in or on a structure carrying an interstate or other freeway unless it is part of a federal requirement or for MoDOT’s use. When the structure carries any other road type and no other practical means exists for the crossing, wires (communication, electrical, fiber, or metal) will be permitted. Electrical lines must be located to cause minimum exposure to MoDOT maintenance personnel and the public. Pressurized pipelines for gas or other petroleum products and water and all sewer lines are prohibited on all structures due to the risks associated with their failure.&lt;br /&gt;
&lt;br /&gt;
===643.1.5.1 Agreement===&lt;br /&gt;
An agreement is required for all utility facilities attached to any structure. A charge will be made for the increased maintenance costs involved. This fee is set by the Bridge Division. When permitted, a 50-year occupational agreement is executed with the utility owner. Agreement BR04 Utility Attachment Agreement is used when an attachment is added to a bridge during its construction. Agreement BR09 Bridge Attachment Agreement is used when an attachment is added to an existing bridge.&lt;br /&gt;
&lt;br /&gt;
===643.1.5.2 Requests===&lt;br /&gt;
Requests to attach facilities to structures is a multi-step process. Bridge Division is responsible for approval of the bridge attachment. If at any point in the process, Bridge Division determines the attachment to be unacceptable, a reason is to be provided.&lt;br /&gt;
&lt;br /&gt;
To start, the utility owner submits a conceptual request to the district utilities staff. The conceptual request consists of an explanation of the proposal; a general location sketch (i.e., which side of the bridge); and details on the facility, length, and weight per foot when full. The district utilities staff should work with all relevant district personnel including the District Bridge Engineer in reviewing and recommending the attachment. The district utilities staff will submit the recommended details to the Bridge Division to determine the applicable costs including future maintenance costs and for attachments to new bridges, design and construction. Once the Bridge Division has determined the cost, the district utilities staff shares the cost with the utility owner for their concurrence with furthering the process. For new bridges, if the utility owner concurs with the costs, the district utility staff will prepare the BR04 Agreement for execution by the utility owner and the Commission. MoDOT will be responsible for the design and construction of attachments to new bridges. For existing bridges, the district utilities staff will forward the applicable as-built bridge plans to the utility owner for its use in designing the bridge attachment. The utility owner will provide detailed design drawings, signed and sealed by a professional engineer in the State of Missouri, to the district utilities staff for review. The district utilities staff should work with all relevant district personnel, including the District Bridge Engineer, in reviewing and recommending the details of the attachment to the Bridge Division. Once Bridge Division approves, the Bridge Division will prepare the BR09 Agreement for execution by the utility owner and the Commission. The utility owner is responsible for the construction of attachments to existing bridges. A flow chart, [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_7_BridgeAttachementProcess_AOD.pdf EPG Figure 643.1.7], of the process is available.&lt;br /&gt;
&lt;br /&gt;
Payment from the utility owner for the attachment will be sent to Financial Services by district utilities staff. For BR04 agreements, district utilities staff should discuss with Financial Services how to get the payment credited to the project constructing the attachment. For BR09 agreements, district utilities staff should copy Bridge Division on correspondence with Financial Serves. Checks should be made payable to Director of Revenue, Credit State Road Fund.&lt;br /&gt;
&lt;br /&gt;
For requests from government entities such as cities, counties, and other municipalities, the requested information should be submitted to Bridge Division as described above. However, the district utilities staff will take the lead in preparing the DE10 County Agreement or DE11 Municipal Agreement, as applicable, with input from Bridge Division and Bridge Maintenance. All fees are waived for government entities.&lt;br /&gt;
&lt;br /&gt;
===643.1.5.3 Considerations===&lt;br /&gt;
The following considerations are made in determining the acceptability of a bridge attachment. Unique situations will be discussed with the Bridge Division as required.&lt;br /&gt;
&lt;br /&gt;
====643.1.5.3.1 Bridge Asset Management Program====&lt;br /&gt;
Requests for bridge attachments should be reviewed for consistency with the district’s upcoming bridge asset management program needs. If a structure is due for rehabilitation or replacement in the near future, information should be provided to the utility owner indicating existing remaining life of the bridge. In some instances, it may be in MoDOT’s best interest to deny the request for attachment outright. In some instances, the utility owner may still choose to pursue the short-term attachment to the existing structure. In almost all cases, the utility owner is responsible for the cost of removing and/or relocating their utility facilities for a necessary repair, widening, improvement or reconstruction of the structure. Review existing agreements for cost responsibility for current attachments.&lt;br /&gt;
&lt;br /&gt;
====643.1.5.3.2 Aesthetics====&lt;br /&gt;
In reviewing a request for a bridge attachment, how the structure is viewed by the public will be considered. For example, is the structure over a scenic stream that is extensively used by canoeists, or does the structure span a road that may provide access to a park, campgrounds, or boat launching facilities? Is the structure a grade separation where the motoring public will see the attachment before they pass under it?&lt;br /&gt;
&lt;br /&gt;
====643.1.5.3.3 Method of Attachment====&lt;br /&gt;
In order to maintain structural integrity of any structures the following requirements will apply for attachments.&lt;br /&gt;
&lt;br /&gt;
=====643.1.5.3.3.1 Welding=====&lt;br /&gt;
Welding of hardware to structural steel members (i.e., flanges, webs, stiffeners, and diaphragms) whether in tension or compression is not permitted.&lt;br /&gt;
&lt;br /&gt;
=====643.1.5.3.3.2 Drilling=====&lt;br /&gt;
Drilling holes in any structural steel member is not permitted. Drilling holes for anchors into any prestressed concrete member is not permitted. Although permitted, drilling holes for anchors into the underside of bridge decks must be done with caution. It is recommended all anchors be installed to miss deck reinforcing steel. Generally, drilling into decks will not be allowed where sonotubes were used (voided slab bridges). The depth of the holes should be such that breaking out of the concrete on the top side of the deck does not occur.&lt;br /&gt;
&lt;br /&gt;
=====643.1.5.3.3.3 Corrosion=====&lt;br /&gt;
Attachment hardware will be new, properly coated to prevent corrosion or be of a non-corrosive material, and be designed to support the facility.&lt;br /&gt;
&lt;br /&gt;
====643.1.5.3.4 Location====&lt;br /&gt;
In general, attachments are made on the underneath side of the bridge deck. The condition of the bridge deck will dictate the location of the attachment supports. An exception may be attachments to trusses or other overhead structures.&lt;br /&gt;
&lt;br /&gt;
Attachments that may require manholes in bridge decks are not allowed.&lt;br /&gt;
&lt;br /&gt;
When attachments are required to structures over streams that may carry large drifts, they must be attached to the downstream side of the structure and above the lowest superstructure element. It is preferred to locate the attachment on the outside of the exterior girder. If aesthetics are a concern, a better appearance can be achieved by having the attachment made to the inside of the exterior girder and above the bottom of the lower flange to hide the conduit and the attaching hardware.&lt;br /&gt;
&lt;br /&gt;
Placement of utilities must not prevent the removal of old paint, the application of new paint on superstructure steel, or cause debris buildup, which could cause structural deterioration.&lt;br /&gt;
&lt;br /&gt;
====643.1.5.3.5 Construction and Maintenance====&lt;br /&gt;
If the attachment cannot be built while maintaining one (1) lane of traffic on the structure, it will not be allowed.&lt;br /&gt;
&lt;br /&gt;
Construction procedures that severely impact traffic may factor into the allowable location of the attachment on the structure.&lt;br /&gt;
&lt;br /&gt;
When scaffolding is to be attached or supported by bridge rails, bridge superstructure, or bridge substructure, the procedures for construction of the attachment must be reviewed.&lt;br /&gt;
&lt;br /&gt;
The utility owner or local entity will pay for, or be responsible for, the painting of the attachment, if necessary, when the bridge requires painting.&lt;br /&gt;
&lt;br /&gt;
==643.1.6 Private Lines==&lt;br /&gt;
Private lines are permitted to cross the right of way of a highway in the same manner as outlined for all utility facilities in above sections of this article. Parallel installations along the right of way of a highway are not permitted. Special conditions at a specific location that make adherence to this policy impractical will be submitted to the Chief Engineer for consideration of an acceptable alternative. In certain situations, it may be necessary to obtain approval from the Federal Highway Administration (FHWA) before approval to use the alternative can be given to the private utility owner.&lt;br /&gt;
&lt;br /&gt;
==643.1.7 Water and Sewer Separations==&lt;br /&gt;
The Missouri Department of Natural Resources (MoDNR) Safe Drinking Water Commission via 10 CSR 60-10 and Clean Water Commission via 10 CSR 20-8 govern the design of water and sewer lines in the vicinity of one another. Basic criteria are outlined below for information, and details are contained within the regulations. MoDOT is not responsible for providing or acquiring adequate right of way for utility owners to comply with MoDNR requirements.&lt;br /&gt;
&lt;br /&gt;
===643.1.7.1 Water and Sewer Separations===&lt;br /&gt;
====643.1.7.1.1 Horizontal====&lt;br /&gt;
Sanitary and storm sewers are to be laid at least ten feet (10’) horizontally measured from outside edge to outside edge from any existing or proposed water main. In cases where it is not practical to maintain ten feet (10’) of separation, installation of the water main closer to the sewer is acceptable where the water main is installed in a separate trench or on an undisturbed earth shelf located on one (1) side of the sewer at an elevation so the bottom of the water main is at least eighteen inches (18”) above the top of the sewer.&lt;br /&gt;
&lt;br /&gt;
===643.1.7.2 Crossings===&lt;br /&gt;
Water mains are to be laid to provide a minimum vertical distance of eighteen inches (18”) vertically measured outside edge to edge from sanitary or storm sewers. This is the case whether the water main is above or below the sewer. One (1) full length of water pipe must be located so both joints will be as far from the sanitary or storm sewer line as possible. Special structural support for the water main or sanitary or sewer main may be required.&lt;br /&gt;
&lt;br /&gt;
===643.1.7.3 Exception===&lt;br /&gt;
When it is impossible to obtain proper horizontal and vertical separation as stipulated, the sewer will be designed and constructed equal to water pipe and will be pressure-tested to assure it is watertight prior to backfilling.&lt;br /&gt;
&lt;br /&gt;
===643.1.7.4 Water Supply Interconnections===&lt;br /&gt;
No physical connection is permitted between a public or private potable water supply system and any sanitary or storm sewer or appurtenance that would permit the passage of any sewage or polluted water into the water supply. No water pipe is permitted to pass through or come in contact with any part of a sanitary sewer manhole.&lt;br /&gt;
&lt;br /&gt;
===643.1.7.5 Water Works Structures===&lt;br /&gt;
Sewers are not permitted to be installed within fifty feet (50’) in any direction from any existing or proposed public water supply well or other water supply sources or structures.&lt;br /&gt;
&lt;br /&gt;
==643.1.8 Variances==&lt;br /&gt;
Occasionally, it is impractical to locate a utility facility in accordance with requirements outlined in this article. MoDOT may consider a utility owner’s request for a variance from these requirements on a case-by-case basis. The utility owner should complete a [https://epg.modot.org/forms/general_files/DE/UtilityVarianceApprovalForm.docx Utility Variance Approval Form] to be submitted to MoDOT for consideration. Variances on the Interstate System require approval of the Federal Highway Administration (FHWA). A flow chart, [https://epg.modot.org/forms/general_files/DE/xx.pdf EPG Figure 643.1.8], of the variance process is available.&lt;br /&gt;
&lt;br /&gt;
A variance will not be permitted just for the convenience of the utility owner. The utility owner requesting a variance must provide all necessary information to properly evaluate if a variance should be approved. For example, a utility owner requesting a variance because “the utility corridor is full” must explore all reasonable options. It is suggested that the requestor pothole the existing utility corridor to confirm the location of existing utility facilities and provide that data to support the need to locate outside of the utility corridor due to its congestion.&lt;br /&gt;
&lt;br /&gt;
===643.1.8.1 Variance Process===&lt;br /&gt;
Any utility owner of a public utility facility may apply for a variance. The process for requesting a variance is as follows:&lt;br /&gt;
&lt;br /&gt;
====643.1.8.1.1 Submittal Requirements====&lt;br /&gt;
Utility owners submit to the district utilities staff a written request for a variance using the [https://epg.modot.org/forms/general_files/DE/UtilityVarianceApprovalForm.docx Utility Variance Approval Form]. The utility owner must clearly show the provision(s) or guideline(s) for which the variance is being requested; the condition(s) which the utility owner believes warrant(s) the granting of a variance; a thorough explanation of the reason(s) for the requested variance, including sufficient and appropriate documentation of safety, aesthetic, or constructability constraints that would be adverse to the function, access, or maintenance of the utility facility and not in the best interest of the public.&lt;br /&gt;
&lt;br /&gt;
====643.1.8.1.2 MoDOT Consideration of Variance Request====&lt;br /&gt;
The utility owner bears full responsibility for demonstrating to MoDOT’s satisfaction that the variance is the most appropriate way to serve the public interest. MoDOT may present to the utility owner and the utility owner must consider reasonable alternatives to the variance requested by the utility owner. In determining whether to grant a variance, district utilities staff will consider all relevant factors including, but not limited to: the requested variance is reasonably necessary for the convenience, safety, health, and/or welfare of the public; there is an exceptional or undue burden or hardship on the specific applicant; a physical impracticability that would result from the applicant’s adherence to the normal location requirements; and the requested variance will not impair the safe construction, maintenance, operation, and safety of public travel on the highway. District utilities staff may consult with the Design Liaison Engineer in evaluating variances.&lt;br /&gt;
&lt;br /&gt;
====643.1.8.1.3 Approval of Variances====&lt;br /&gt;
Once district utilities staff have agreed to accept a variance proposed by the utility owner, the [https://epg.modot.org/forms/general_files/DE/UtilityVarianceApprovalForm.docx Utility Variance Approval Form] and all supporting documentation is sent to the District Design Engineer (DDE) for approval. If a variance is on interstate right of way, the DDE-signed Variance Request Form and all supporting documentation is forwarded to the Design Liaison Engineer who will forward to FHWA for their concurrence.&lt;br /&gt;
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====643.1.8.1.4 Variance Appeal Informal Hearing====&lt;br /&gt;
If denied a variance, the utility owner has thirty (30) calendar days to request an informal hearing for the purpose of appealing the denial. Requests must be made in writing to the State Design Engineer, Missouri Department of Transportation, P.O. Box 270, Jefferson City, MO 65102. If the utility owner requests an informal hearing, MoDOT’s authorized representative will advise the applicant of the time, date, and place of the hearing. The hearing is not a contested case under RSMo 536. The rules of evidence will not apply at the hearing, and MoDOT’s decision after the conduct of the hearing is not subject to further appeal.&lt;br /&gt;
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==643.1.9 Excess Right of Way==&lt;br /&gt;
Prior to conveyance of excess right of way, the status of utility facilities within said parcel must be addressed. See [[236.5_Property_Management#236.5.12_Excess_Land_Conveyances_&amp;amp;_Relinquishments_–_Regulated_Utilities|EPG 236.5.12]].&lt;br /&gt;
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==643.1.10 Broadband==&lt;br /&gt;
Broadband development in the state of Missouri is handled by the Department of Economic Development (DED). MoDOT shares its approved Statewide Transportation Improvement Program (STIP) project list with DED. All MoDOT policies related to placement of utility facilities within Commission right of way as outlined in this EPG article 643.1 are to be followed.&lt;br /&gt;
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&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643.2 Utilities in Program Delivery &#039;&#039;PAGE TITLE&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt; &lt;br /&gt;
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==643.2.1 Introduction==&lt;br /&gt;
Improvements to the highway system often require negotiation between the Commission and a city, a county, or a public or private utility owner. The Commission’s district utilities staff is responsible for coordination of highway improvement projects with the utility owner’s representative. The impact to a utility, the responsibility for the cost of adjustments necessary to allow highway construction, the plan of adjustment of the utility, the responsibility of performance of work on utility facilities, and the schedule of the utility adjustment are all items that vary depending on the project and should be investigated and negotiated to ensure highway improvement projects are delivered on-time and on-budget. These should comply with Commission policy. A flowchart [link here] outlining all the utility adjustment processes (reimbursable and non-reimbursable relocations, Master Reimbursable Utility Agreements and Project Specific Agreements, etc.) are available in the list of figures at the top of the page. These processes will not always be in combination, but each should be considered with each project.&lt;br /&gt;
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The district utilities staff, in conjunction with the Transportation Project Manager (TPM), is expected to invite and encourage participation of utility owner representatives in MoDOT project meetings as needed.&lt;br /&gt;
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When a project involves utility adjustments for which the Commission is responsible for costs, the TPM should program the costs of the utility adjustments as non-contractual construction costs in the STIP Information Management System (SIMS).&lt;br /&gt;
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==643.2.2 Annual Utility Meeting==&lt;br /&gt;
Each district should hold an annual meeting with utilities to discuss current STIP projects in the district. The annual meeting should be held during each year&#039;s STIP preparations, ideally between January and May. All utility owners that have utility facilities in the district should be invited. The intent is to provide the utility owners with an idea of upcoming projects to allow them the opportunity to plan and budget for potential adjustments of their utility facilities, identify both MoDOT and utility roadblocks, and develop action plans to complete utility adjustments better, faster, and cheaper.&lt;br /&gt;
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==643.2.3 Determination of Existing Utilities==&lt;br /&gt;
District utilities staff should determine the appropriate level of effort needed to accurately identify existing utilities within the footprint of a proposed highway construction project. Aboveground utilities are easily identifiable via field checks; however, determination of the precise location of underground utilities can be more challenging and time consuming. Therefore, the district utilities staff should balance the risk of conflict with the highway construction project against the level of effort needed to determine the location.&lt;br /&gt;
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The level of effort on mapping utilities is dependent on the scope of the project and the potential for utilities having an impact on the construction of the project. The project schedule should include the time to complete this task accurately. The time and effort necessary for having accurate locates requires close interaction with the utility locators. Early contact with utility owner representatives may be necessary to accurately locate underground utility facilities.&lt;br /&gt;
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Various methods of determining existing underground utilities result in different levels of quality. ASCE Standard 38 Standard Guidance for Investigating and Documenting Existing Utilities classifies four levels of quality:&lt;br /&gt;
:1. Quality Level D: QL-D is the most basic level of information for utility locations. It comes solely from existing utility records or verbal recollections, both typically unreliable sources. It may provide an overall &amp;quot;feel&amp;quot; for the congestion of utilities but is often highly limited in terms of comprehensiveness and accuracy. QL-D is useful primarily for project planning and route selection activities.&amp;lt;br&amp;gt;&lt;br /&gt;
: Missouri 811 or “private-locate” markings are to be considered to be QL-D.&lt;br /&gt;
:2. Quality Level C: QL-C is probably the most used level of information. It involves surveying visible utility facilities (e.g., manholes, valve boxes, etc.) and correlating this information with existing utility records (QL-D information). When using this information, it is not unusual to find that many underground utilities have been either omitted or erroneously plotted. Therefore, its usefulness is primarily on rural projects where utilities are not prevalent or are not too expensive to repair or relocate.&lt;br /&gt;
:3. Quality Level B: QL-B involves the application of appropriate surface geophysical methods to determine the existence and horizontal position of virtually all utilities within the project limits. This activity is called &amp;quot;designating&amp;quot;. The information obtained in this manner is surveyed to project control. It addresses problems caused by inaccurate utility records, abandoned or unrecorded utility facilities, and lost references. The proper selection and application of surface geophysical techniques for achieving QL-B data is critical. Information provided by QL-B can enable the accomplishment of preliminary engineering goals. Decisions regarding location of storm drainage systems, footers, foundations, and other design features can be made to avoid conflicts with existing utilities. Slight adjustments in design can produce substantial cost savings by eliminating utility relocations.&lt;br /&gt;
:4. Quality Level A: QL-A, also known as &amp;quot;locating or potholing&amp;quot;, is the highest level of accuracy presently available and involves the full use of the subsurface utility engineering services. It provides information for the precise plan and profile mapping of underground utilities through the nondestructive exposure of underground utilities, and provides the type, size, condition, material, and other characteristics of underground features.&lt;br /&gt;
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For projects with scopes that have potential for utility conflicts, the minimum level of effort required is SUE Quality Level D. Locations of existing utilities are determined by requesting locates through Missouri 811, also known as the “One-Call” process. Missouri 811 locating requests should be carefully considered for the scope of work of the project. When necessary, the location of existing utilities should be established by a field survey of locate markings and features and shown on the roadway plans. Higher level SUE Quality Levels can be used on any project. Adjustment cost savings, whether to the MoDOT or to the utility owner, are beneficial to the taxpayer. Good SUE projects are typically urban in nature, or in congested areas, where the project footprint is to be minimized, or anytime accurate vertical and horizontal location of the utility facility might allow a design to avoid the utility facility thus preventing the need for the adjustment. The SUE process combines civil engineering, surveying, and geophysics. It utilizes several technologies, including vacuum excavation and surface geophysics.&lt;br /&gt;
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When proposed excavation or installation of subsurface features (drainage, equipment bases, etc.) falls within three feet (3’) of a marked Missouri 811 line, soft digging (hand digging, potholing, vacuum methods, pressurized air/water jetting, pneumatic hand tools, etc.) is required to more exactly locate the utility facility both horizontally and vertically. Utility facilities present within the right of way by permit, should be investigated by the utility owner. Utility facilities that would be reimbursable or partially reimbursable as defined in EP 643.2.8 will be investigated by MoDOT.&lt;br /&gt;
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==643.2.4 Conflict Determination==&lt;br /&gt;
Determination of whether a conflict exists between an existing utility facility and a proposed highway improvement project should occur at the earliest possible stage of project development. A conflict may be the result of the physical interaction between the roadway infrastructure and utility facility, a reduction in cover or increase in fill over underground utilities, a reduction in horizontal clearance whether above or below ground, a reduction in overhead vertical clearance, paving over utilities, or restricting a utility owner’s access to its utility facilities. District utilities staff should work with utilities to determine if a conflict exists and the appropriate plan of adjustment to remedy the conflict. The adjustment to the utility may be a relocation or another measure that protects the utility or access to the utility from the proposed highway improvement project. Determination of a conflict needs to be continually re-evaluated as the project design progresses. Continuing coordination is essential.&lt;br /&gt;
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==643.2.5 Utility Plan of Adjustment==&lt;br /&gt;
===643.2.5.1 Request for Plan of Adjustment===&lt;br /&gt;
District utilities staff will request a plan of adjustment from utility owners whose utility facilities are in conflict with a proposed highway project. The plan of adjustment may consist of efforts to relocate the utility or otherwise protect a utility from the impacts of the proposed highway project. Utilities are shown on the roadway plan and profiles sheets that are furnished to utility owners for use in planning required utility adjustments. Any other sheets such as drainage, traffic signal, lighting, or ITS plans that show impacts to a utility facility should also be provided to the utility owners. All adjustments, reimbursable or not, require a plan of adjustment furnished by the utility owner.&lt;br /&gt;
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A transmittal letter is included in the request for a plan of adjustment. The letter informs the utility owner that regardless of whether an adjustment is reimbursable, no physical adjusting or relocating of their utility facilities to accommodate the proposed highway improvement is to be performed without specific approval and authorization. Additionally, if any part of the adjustment has the potential to be reimbursable, they are advised:&lt;br /&gt;
# They may undertake preliminary engineering by their own forces upon approval by district utilities staff of the estimated costs of preliminary engineering.&lt;br /&gt;
# They may employ a consultant to do the PE work provided they request and obtain prior approval. See [[#643.2.6_Preliminary_Engineering_Requirements|EPG 643.2.6 Preliminary Engineering Requirements]].&lt;br /&gt;
# Any preliminary engineering costs accrued prior to the date of written authorization to proceed will not qualify for reimbursement.&lt;br /&gt;
# Replacement right of way or easements cannot be purchased without specific approval and authorization.&lt;br /&gt;
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===643.2.5.2 Proposed Plan of Adjustment===&lt;br /&gt;
Developing a plan of adjustment is a multi-step process. The utility owner will propose a conceptual approach to adjusting the utility facilities to allow highway construction. This conceptual approach is used as the basis for determining cost responsibility, estimate of costs for preliminary engineering and construction, developing the agreement if necessary, and final design of the adjustment. Negotiations between district utility staff and the utility owner’s representative can result in changes to the design throughout the process.&lt;br /&gt;
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Final plans of adjustment must contain a legend on the first sheet identifying the utility symbols used. They must also show the existing utility facilities and their disposition, the location of the new or adjusted utility facilities, the existing and new right of way lines, the limited or fully controlled access symbols (where applicable), the existing and proposed roadways, ramps, and outer roadways and any other pertinent roadway information. They must contain sufficient details concerning location, elevation, compaction, clean up, etc. to provide for the proper adjustment of the utility facility. Relocated and/or existing utility facilities that will remain in place must be dimensioned or indicated in a manner to show their location in respect to the right of way lines. It is preferred that the utility owner transmits the plan of adjustment by electronic deliverables in a format that can be incorporated into the roadway plans. This will reduce the time and effort necessary as well as increase the accuracy of transferring this information into the roadway plans.&lt;br /&gt;
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Plans of adjustment received from the utility owner are to be checked for compliance with MoDOT’s requirements ([[#643.1_Utilities_Location|EPG 643.1 Utility Location]]) by the district utilities staff. They are also checked to ensure compatibility with the roadway design. Any continuing conflicts are resolved through negotiations with the utility owner.&lt;br /&gt;
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Occasionally, it is impractical to perform a utility adjustment in accordance with MoDOT’s requirements. Sometimes the utility may request approval of a plan of adjustment that does not conform to these requirements. Deviation from MoDOT’s utility requirements is a variance. Refer to [[#643.1.8_Variances|643.1.8 Variance Process]] for additional guidance.&lt;br /&gt;
The final plan of adjustment is included as Exhibit “A” to the agreement ([[#643.2.12_Utility_Agreements|EPG 643.2.12 Agreements]]).&lt;br /&gt;
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==643.2.6 Preliminary Engineering Requirements==&lt;br /&gt;
Preliminary engineering (PE) can be performed one of four ways for utility adjustments:&lt;br /&gt;
# The utility owner can use its own engineering forces.&lt;br /&gt;
# MoDOT can select an engineering consultant, after consultation with the utility owner, and the consultant contract will be administered by MoDOT.&lt;br /&gt;
# The utility owner can select an engineering consultant, with approval by MoDOT, and the consultant contract will be administered by the utility owner.&lt;br /&gt;
# If a utility adjustment is being included in a MoDOT administered construction contract, the preliminary engineering of the adjustment can be provided by MoDOT.&lt;br /&gt;
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For reimbursable utility adjustments, the amount paid to engineers, architects, and others for required engineering and allied services can be included in reimbursement amount provided such amounts are not based on a percentage of the costs of the necessary adjustments to allow highway construction. Reimbursement is available for contracts executed after solicitation of a consultant for the specific adjustment or existing continuing contracts when it is demonstrated that such work is performed regularly for the utility owner in its own work and that the costs are reasonable.&lt;br /&gt;
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A [https://epg.modot.org/forms/general_files/DE/UtilityConsultantContractChecklist.docx checklist is available for reviewing consultant-engineering contracts] to ensure the contract conforms to MoDOT policy and complies with applicable federal regulations. District utilities staff should use the checklist to review contracts and may consult with Audits and Investigations Division as necessary. The procedures in 23 CFR part 172, Administration of Engineering and Design Related Service Contracts may be used as a guide for reviewing proposed consultant contracts. [[:LPA:136.4_Consultant_Selection_and_Consultant_Contract_Management|EPG 136.4 Consultant Selection and Consultant Contract Management]] may also be used as a guide.&lt;br /&gt;
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===643.2.6.1 Solicited Consultant Contracts===&lt;br /&gt;
If solicitation of PE services is required for reimbursable utility adjustments, the utility owner must provide the following documents and information to district utilities staff. These documents need to be provided as soon as the utility owner has chosen to solicit a consultant. Document 1 must be supplied by all utility owners. Documents 2 and 3 are only required when the utility owner is a local government agency who is also a political subdivision of the state of Missouri (e.g., city-owned utilities, county-owned utilities). All other utility owners are encouraged, but not required, to provide Documents 2 and 3:&lt;br /&gt;
# A statement that the utility owner is not staffed or able to perform the required PE services with its own forces.&lt;br /&gt;
# Provide the names of at least three (3) consultants considered.&lt;br /&gt;
# The criteria used to evaluate each consultant and reasons why the selected consultant was selected.&lt;br /&gt;
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The following documents need to be provided as soon as the utility owner has successfully negotiated and entered into a contract with the consultant:&lt;br /&gt;
# The name and address of the selected consultant.&lt;br /&gt;
# A statement that the &amp;quot;[https://epg.modot.org/forms/general_files/DE/CertificationOfConsultant.docx Certification of Consultant]&amp;quot; will be furnished immediately upon award of the contract to the consultant.&lt;br /&gt;
# One executed copy of the proposed engineering contract or agreement between the utility owner and consultant, only if the engineering will exceed $5,000.00.&lt;br /&gt;
# The consultant&#039;s fixed (lump sum) or estimated fee (actual cost) and the contract maximum.&lt;br /&gt;
# A cost summary providing a detailed breakdown of the basis for the consultant&#039;s compensation, including estimated labor hours, hourly rates for each classification, overhead rate (if used), the amount of profit charged, and any other estimated charges such as travel expenses, equipment rentals, etc. If an overhead rate is used, the consultant must also submit the supporting overhead rate calculations.&lt;br /&gt;
# An independent cost estimate of engineering services provided by the utility owner to use in comparison to the consultant’s proposed engineering services to check for cost reasonableness.&lt;br /&gt;
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===643.2.6.2 Continuing Consultant Contracts===&lt;br /&gt;
When a utility owner chooses to use an existing continuing contract for PE services, the utility owner must provide the following documents and information to the district utilities staff as soon as possible.&lt;br /&gt;
# A statement that the utility owner is not staffed or able to perform the engineering with its own forces.&lt;br /&gt;
# The name and address of the consultant under the existing continuing contract.&lt;br /&gt;
# A statement that the &amp;quot;[https://epg.modot.org/forms/general_files/DE/CertificationOfConsultant.docx Certification of Consultant&amp;quot;&amp;quot; will be furnished.&lt;br /&gt;
# A copy of the continuing contract to the district utilities staff. The district utilities staff will review the contract for reasonableness of cost.&lt;br /&gt;
# The consultant&#039;s fixed (lump sum) or estimated fee (actual cost) and the contract maximum for the work associated with the utility adjustment.&lt;br /&gt;
# A cost summary providing a detailed breakdown of the basis for the consultant&#039;s compensation, including estimated labor hours, hourly rates for each classification, overhead rate (if used), the amount of profit charged, and any other estimated charges such as travel expenses, telephone, etc. If an overhead rate is used, the consultant must also submit the supporting overhead rate calculations.&lt;br /&gt;
# An independent cost estimate of engineering services provided by the utility owner to use in comparison to the consultant’s proposed engineering services to check for cost reasonableness.&lt;br /&gt;
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===643.2.6.3 Consultant Contract Changes===&lt;br /&gt;
If a PE services contract between a utility owner and a consultant needs to be revised, a copy of the revised contract, fee, and schedule should be submitted by the utility owner to the district utilities staff prior to allowing for contract changes. District utilities staff should review the contract changes to ensure the revised contract conforms to MoDOT policy and complies with applicable federal regulations.&lt;br /&gt;
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==643.2.7 Environmental and Right of Way==&lt;br /&gt;
===643.2.7.1 Utilities and Environmental Clearances===&lt;br /&gt;
District utilities staff should coordinate with the TPM and utility owner’s representative to understand and communicate on known environmental and cultural constraints that could impact a utility owner’s plan of adjustment. This will allow the utility owner to consider permitting timelines and alternatives that avoid environmental or cultural resources to keep the project on schedule.&lt;br /&gt;
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One strategy to make project delivery more efficient and ensure regulatory compliance is for MoDOT to obtain the environmental and cultural resource permits and clearances for the utility owners associated with a roadway improvement while obtaining its own. This would generally only be for the permits and regulatory clearances MoDOT already needs to pursue as a part of the transportation improvement.&lt;br /&gt;
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District utilities staff should coordinate with the utility owner’s representative early in the project timeline to determine if it is in the best interest of both MoDOT and the utility owner to obtain permits and environmental clearances jointly. The following strategies can be utilized to determine if a joint approach to environmental work should be pursued:&lt;br /&gt;
* If utility facilities are moving to a location within or immediately adjacent to MoDOT right of way, a utility owner may be invited to participate in permitting and environmental compliance activities.&lt;br /&gt;
* If utilities move to a location not within or adjacent to MoDOT right of way, the utility company would not normally be invited to participate in permit applications and environmental compliance activities. However, some unique projects may necessitate further attention and should be discussed with the Design Liaison Engineer.&lt;br /&gt;
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If MoDOT and the utility owner agree to obtain joint permits and clearances, written communication between the utility owner’s representative and the district utilities staff should document the following items:&lt;br /&gt;
* List of the permits and clearances that MoDOT will acquire on behalf of the utility owner.&lt;br /&gt;
* List of the information needed from the utility owner in order for MoDOT to acquire the permits and clearances.&lt;br /&gt;
* Schedule and deadlines for submittal of the information by the utility owner. For example: utility plans, fill quantities, construction methods, dates, or seasons of construction.&lt;br /&gt;
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Permits and clearances that may be needed by both a utility owner and MoDOT include:&lt;br /&gt;
* [[127.7_Threatened_and_Endangered_Species|Endangered Species Act consultation and clearance]]&lt;br /&gt;
* [[127.2_Historic_Preservation_and_Cultural_Resources#127.2.1.1_Historic_Preservation_Regulations_and_Laws|Section 106 of the National Historic Preservation Act clearance]]&lt;br /&gt;
* [[127.10_Section_4(f)_Public_Lands|Section 4(f) clearance]]&lt;br /&gt;
* [[127.10_Section_4(f)_Public_Lands#127.10.1.4_Section_6(f)_Laws_and_Regulations|Section 6(f) of the Land and Water Conservation Fund Act clearance]]&lt;br /&gt;
* [[127.4_Wetlands_and_Streams|Section 401 and Section 404 of the Clean Water Act permits]]&lt;br /&gt;
* [[:Category:806_Pollution,_Erosion_and_Sediment_Control#806.1_Introduction_(see_Sec._806)|Section 402 of the Clean Water Act permit (State Operating Permit for Erosion Control)]]&lt;br /&gt;
* [[127.8_Hazardous_and_Solid_Waste|Recommendations on contaminated soil disposition]]&lt;br /&gt;
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===643.2.7.2 Right of Way Acquisition and Utilities===&lt;br /&gt;
The Commission is obligated to acquire the width of right of way required by the design of the highway improvement. For utility facilities currently located within the Commission’s right of way, this includes the necessary space for the utility facilities impacted by the design of the highway improvement. Either additional right of way width to accommodate a utility corridor or a utility easement can be obtained for the relocation of utility facilities. When drainage easements are acquired along a channel, additional space for utility facilities should be considered to avoid conflicts between the utility facility and the bridge or culvert.&lt;br /&gt;
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District utilities staff should inform the utility owner’s representative of the potential of a conflict between an existing utility facility and a proposed highway construction project early in the project development process to allow sufficient time for the utility owner to prepare a plan of adjustment and notify the district utilities staff of any easement needs. When utility facilities are located on a utility owner’s private easement, the utility owner may obtain its own new easements. If the utility owner is not in a position to negotiate for new easements or if the utility owner’s policies will not permit it to condemn property to obtain the easement, MoDOT can acquire the easement in the same manner roadway right of way is obtained. The district utilities staff should verify the utility owner is aware of the opportunity to have MoDOT acquire the easement, and the utility owner should provide written documentation on whether the utility owner would like to pursue this option with MoDOT.&lt;br /&gt;
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For situations where the utility owner will obtain its own replacement right of way and the cost of the adjustment is MoDOT’s responsibility, the utility right of way cost should be reviewed by the district right of way department to ensure the cost is reasonable and acquisition followed state and federal regulations. In order to expedite utility adjustments necessary to allow highway construction, the district utility staff may authorize the utility owner to obtain easements prior to all details of a plan of adjustment being developed. In this situation, the district utilities staff should ensure enough details are known to justify the needed right of way, and an agreement for right of way costs only should be executed with the utility owner.&lt;br /&gt;
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For situations where MoDOT will obtain the right of way necessary to allow highway construction, district utility staff should negotiate with the utility owner’s representative to ensure all necessary utility easements are shown on the approved right of way plans. The TPM should confirm with district utilities staff that the right of way plans accurately reflect the needs of the utility owners prior to requesting right of way plan approval. The district Right of Way Manager should confirm with district utilities staff before requesting an acquisition date (A-date). Every effort should be made to avoid adding utility easement requests once negotiations with property owners have begun.&lt;br /&gt;
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Occasionally, when negotiations cannot be completed for easements for the adjustment of utility facilities, it may be necessary to condemn for the property. District utilities staff should coordinate with the utility owner’s representative to ensure no alternate design for the adjustment of the utility facility is practical. The decision to condemn for easements for the adjustment of the utility facilities requires the exercise of good judgment in reaching the conclusion that further good faith negotiations are futile and condemnation is necessary to maintain the project in the scheduled letting. The TPM should coordinate with the district utilities staff and district Right of Way (RW) personnel on the condemnation proceedings.&lt;br /&gt;
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Easement and other right of way documents used with utility owners are handled in accordance with procedures established jointly with RW and district utilities staff. District survey staff prepare the land descriptions for use in utility easements. The district utilities staff is responsible for completion of the easements in the correct form and scope. A sketch delineating the area described is attached to the easement as Exhibit “A”. Communication with the Design Division will ensure use of proper forms, corporate names and locations, and particular wording required for joint ownerships. The description for a utility easement is to be referenced to the nearest land corner shown on the plans. Examples of easements can be found in the template list in [https://netprod3.dot.missouri/eAgreements/Search/QuickSearch eAgreements].&lt;br /&gt;
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In situations where MoDOT is acquiring right of way with existing utility easements, but the district utilities staff and the utility owner’s representative agree that the utility facility may remain in place, the utility owner will release the property to the Commission separate from the right of way acquisition. This is done by executing an Easement for Highway Construction (UT16). The utility owner grants and conveys, with warranty of title expressed or implied, to the Commission, the right to construct, reconstruct, and maintain a highway over and across that portion of the easement owned and held by the utility owner. In the future, the utility owner retains any reimbursable rights should future projects require adjustments to allow highway construction.&lt;br /&gt;
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==643.2.8 Cost Responsibility==&lt;br /&gt;
In addition to determining if a conflict exists between an existing utility facility and a highway improvement project, it is important to determine who is responsible for the costs of the necessary adjustments to allow highway construction. An adjustment for which the Commission is responsible for the costs is known as a reimbursable adjustment. An adjustment for which the Commission is not responsible for the costs is known as a non-reimbursable adjustment. An adjustment for which the Commission and the utility share responsibility for costs is known as a partially reimbursable adjustment. Adjustments determined to be reimbursable or partially reimbursable by the Commission are to be completed under the terms of an agreement executed between the utility owner and the Commission.&lt;br /&gt;
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===643.2.8.1 Commission Responsibility===&lt;br /&gt;
====643.2.8.1.1 Utility Facilities Located on Private Easements====&lt;br /&gt;
When the utility facility is located on a private easement within the new right of way to be acquired for a future project, the Commission is responsible for the cost of the necessary adjustments to allow highway construction. It may be possible that such easement does not have written easement rights. The Commission will honor this oral right provided acceptable documentation is provided by the utility owner to the district utilities staff. An [https://epg.modot.org/forms/general_files/DE/NonwrittenEasementRights_Example.docx example of acceptable documentation for not written easement rights] is available. Other forms of documentation will be considered on an individual basis.&lt;br /&gt;
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=====643.2.8.1.1.1 Future Moves=====&lt;br /&gt;
When the utility facility is located on a private easement, taken into the Commission’s right of way, the Commission may agree that any future moves of the same utility by Commission order may be made at the Commission’s cost. Documentation of this agreement is by an Easement for Highway Construction (UT16) agreement. If the Commission provides a substitute private easement, then the Commission will have future obligations consistent with the utility facility’s status in an easement.&lt;br /&gt;
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====643.2.8.1.2 Utility Facilities Located within Commission Right of Way====&lt;br /&gt;
When the utility facility is located within Commission right of way, but has prior land rights, the Commission is responsible for the cost of adjustments to allow highway construction. The utility owner is responsible for documenting to the satisfaction of the district utilities staff, the basis for the claim of prior land rights within Commission right of way. Time spent researching prior rights is considered coordination and is reimbursable.&lt;br /&gt;
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====643.2.8.1.3 City or County Utility Facilities on City or County Streets====&lt;br /&gt;
When roadway improvements are within the corporate limits of cities, towns, and villages, a municipal agreement is negotiated between the Commission and the municipality. Likewise, when roadway improvements are within the limits of a county and outside the municipal limits, a county agreement is negotiated between the Commission and the County Commission. Included in these agreements are provisions regarding reimbursement for adjusting city or county owned utility facilities. Reimbursement is provided for adjustment of city or county owned utility facilities that are now located on city or county streets and not on Commission right of way.&lt;br /&gt;
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====643.2.8.1.4 Lumen====&lt;br /&gt;
Lumen – National (formerly CenturyLink, Lightcore, or Digital Telephone, Inc. (DTI)) and the Commission have entered into a partnership agreement, “Amended and Restated Fiber Optic Cable on Freeways in Missouri,” executed June 5, 2003 which obligates the Commission to be responsible for the cost of the necessary adjustments to allow highway construction along the routes identified in the agreement. A copy of the agreement is available to district utilities staff.&lt;br /&gt;
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====643.2.8.1.5 Services to the Commission====&lt;br /&gt;
When a utility facility provides a service connection to local Commission facilities such as power to traffic signals, lighting, ITS, and cathodic protection and phone drops to traffic signal controllers or other Commission facilities, the Commission is responsible for the cost of the necessary adjustments to allow highway construction.&lt;br /&gt;
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====643.2.8.1.6 Private Service Lines====&lt;br /&gt;
While most utility owners reconnect the private service lines at no cost to the property owner, some do not. If a utility owner does not reconnect service lines, MoDOT can include adjustment of private service lines in roadway contracts. Bid items for relocating service connections are provided for the different types of anticipated adjustments.&lt;br /&gt;
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====643.2.8.1.7 Second Moves====&lt;br /&gt;
If the Commission requires additional work to a utility facility after the facility has been relocated or adjusted in accordance with a plan of adjustment approved by the Commission for a single project number, the Commission is responsible for the cost of the additional work regardless of whether the initial adjustment was Commission responsibility as outlined in other parts of [[643.2_Local_Utility_Adjustments_-_Public_and_Private#643.2.8.1_Federalizing_Funds_for_Preliminary_Engineering|643.2.8.1]].&lt;br /&gt;
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The purpose of the policy is to encourage utilities to relocate early rather than waiting until plans are published for bidding. The policy eliminates the utility having to relocate twice at its own expense because of late changes in the design. It is best to have utilities relocated prior to construction, and this policy helps achieve that goal. Therefore, it is imperative that the designer notifies district utilities staff as soon as possible of any changes made after these plans have been sent. If notified immediately, it may be possible to inform the utility owner prior to their final design thereby eliminating a second move.&lt;br /&gt;
&lt;br /&gt;
Under this policy, the following are not considered second moves. Temporary and staged relocations necessary to accommodate construction and agreed upon by the utility and the Commission prior to relocation are considered a single move and are not subject to the provisions of the second move policy. If the Commission requires adjustment of a utility facility for which the utility owner is responsible for the cost of the adjustment and was originally determined to not need adjustment, the utility owner is responsible for the cost of the adjustment. The utility owner is responsible for the cost of additional work to any portion of the utility facility after the utility facility has been adjusted in accordance with a plan of adjustment approved by the Commission if the additional work is required by the Commission due to error by the utility owner in preparation of plan of adjustment, field location of, or construction of the adjustment of the utility facility.&lt;br /&gt;
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When evaluating construction contract changes by change order or value engineering, the impacts of the second move policy should be considered.&lt;br /&gt;
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===643.2.8.2 Utility Owner Responsibility===&lt;br /&gt;
====643.2.8.2.1 Utility Facilities Owned and Operated by a Political Subdivision====&lt;br /&gt;
When a utility facility is located within Commission right of way, but does not have prior land rights, the utility owner is responsible for the cost of the necessary adjustments to allow highway construction. When a utility facility is located on public right of way other than Commission right of way, the utility owner is responsible for the cost of the necessary adjustments to allow highway construction.&lt;br /&gt;
&lt;br /&gt;
When a political subdivision must bear part or all the cost of adjustments to their utility facilities, and the cost creates a financial hardship, the Commission, by its authorized representative, the Chief Engineer, may temporarily assume these costs. A payback agreement with the political subdivision will include an applicable interest rate for a comparable maturity from a widely published index of tax-exempt municipal rates obtained from Financial Services. Payback time will not exceed five (5) years.&lt;br /&gt;
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====643.2.8.2.2 Utility Facilities Other Than Those Owned by a Political Subdivision====&lt;br /&gt;
When a utility facility is on the right of way of a public road or street or on state highway right of way without prior land rights and adjustment is necessary to allow for the construction of a roadway improvement, the utility owner is responsible for the cost of the necessary adjustments to allow highway construction.&lt;br /&gt;
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===643.2.8.3 Shared Responsibility===&lt;br /&gt;
When a utility facility is located such that portions of it are a Commission responsibility and portions of it are a utility owner responsibility by the definitions above, the costs of the necessary adjustments to allow highway construction will be split by the Commission and the utility owner. If the exact cost for each party can be determined, each party will be responsible for their portion of the cost of relocating the utility facility. If the exact cost for each party cannot be determined, the parties will arrive at a percentage reimbursement on an equitable basis.&lt;br /&gt;
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===643.2.8.4 Notice of Hearing===&lt;br /&gt;
When relocation or other difficulties with utility facilities on public right of way arise that prevent resolution by negotiation, formal hearings will be required.&lt;br /&gt;
&lt;br /&gt;
The district initiates a request for a utility relocation hearing with a letter to the Chief Counsel’s Office (CCO) (a copy is provided to the Design Division) requesting a hearing date. CCO will arrange for a hearing room, court reporter, etc. and advise the district of the hearing date.&lt;br /&gt;
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The district will prepare the notice of hearing by strictly following the given format and serve the notice on all persons and utility owners listed. The property and utility owner must be served only by personal service or by mailing a certified letter, return receipt requested, no later than 15 days before the date of hearing. This will require the district to make every effort to identify the correct property owner before preparing the notice of hearing. To avoid delays, every attempt will be made to issue the hearing notice at least 30 days prior to the hearing date in case any property has changed ownership and any additional property owners must be served. A notice of hearing on service line connections will also be served on the private or public owner of the main or distribution line to which the service lines are connected. A notarized &amp;quot;Report of Personal Service&amp;quot; will be completed when notification by certified mail is not used.&lt;br /&gt;
&lt;br /&gt;
One copy of the hearing notice and attachments, &amp;quot;Report of Personal Service&amp;quot; and certified mail notices are to be submitted to CCO after notification is complete.&lt;br /&gt;
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Prior to the hearing, the district&#039;s representative will become familiar with the details of the utility adjustment in order to provide concise testimony to expedite the hearing process. CCO will assign an attorney to work with the district and present the case.&lt;br /&gt;
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Refer to 7 CSR 10-3.030 020 Utility Relocation Hearings for additional information.&lt;br /&gt;
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A Waiver of Hearing should be obtained for non-reimbursable adjustments to document the commitment of the utility owner to adjust its utility facilities without adversely impacting the highway construction project. This may be accomplished informally via written communications between the district utilities staff and the utility owner’s representative. A [https://epg.modot.org/forms/general_files/DE/WaiverOfHearingForm.docx formal Waiver of Hearing statement] may be requested by either MoDOT or the utility owner. A [https://epg.modot.org/forms/general_files/DE/WaiverOfHearingLetter.docx sample transmittal letter for the Waiver of Hearing] is available. For reimbursable or partially reimbursable adjustments, the formal agreement serves as the basis of documentation of this commitment.&lt;br /&gt;
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==643.2.9 Estimates==&lt;br /&gt;
District utilities staff will negotiate with utility owners to determine reimbursable costs of the necessary adjustments to allow highway construction ([[#643.2.8_Cost_Responsibility|EPG 643.2.8 Cost Responsibility]]). These estimates are prepared in accordance with the provisions of 23 CFR 645 and any amendment thereto. These estimates must reflect the same procedures and costs used by the utility owners in their normal operations and must also accurately represent the expected costs of the work. The utility owner’s estimate will be reviewed by the district utilities staff to ensure compliance with 23 CFR 645.&lt;br /&gt;
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===643.2.9.1 Independent Cost Estimate===&lt;br /&gt;
The independent cost estimate provides the basis for district utilities staff to review the utility owner’s estimate of costs of the necessary utility adjustments to allow highway construction and any subsequent negotiations with the utility owner. The district utilities staff should prepare an independent cost estimate. The independent cost estimate may be based on unit prices of anticipated items of work in a utility adjustment necessary to allow highway construction. The independent cost estimate alternately may be based on recent similar types of utility adjustments necessary to allow highway construction and scaled for size. Consultants can be used to develop the independent cost estimate. All documentation of the independent cost estimate should be placed in MoProjects.&lt;br /&gt;
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===643.2.9.2 Type of Project Cost Estimates===&lt;br /&gt;
Either Actual Cost or Lump Sum estimates may be used for estimating the costs on the necessary utility adjustments to allow highway construction. If an Actual Cost estimate is used, detailed records of materials, labor, and equipment are made by district utilities and/or construction staff during construction, and a final audit of the utility owner’s cost records is made to determine the Commission’s actual responsibility for costs of the adjustment completed to allow highway construction. If a Lump Sum estimate is used, a final audit of costs for an adjustment in payment is not required. The Actual Cost method requires more detailed record keeping and documentation by the utility owner and district staff during construction. The Lump Sum method requires more upfront detail and work by the utility owner and judgment on the district utilities staff on the acceptability of the cost. The district utilities staff will work with the utility owner’s representative to determine the best type of estimate and therefore agreement to use.&lt;br /&gt;
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====643.2.9.2.1 Actual Cost Estimate====&lt;br /&gt;
The cost estimate that supports the actual cost agreement is prepared in sufficient detail to determine the reasonable expected cost of the work to support development of an agreement between the utility owner and the Commission. However, reimbursement is based on the actual costs of design and construction of the necessary adjustment to allow highway construction. The actual cost estimate should detail all costs of the necessary adjustment to allow highway construction, even if the Commission is only responsible for a portion of the costs as detailed in EPG [[#643.2.8.3_Shared_Responsibility|643.2.8.3 Shared Responsibility]].&lt;br /&gt;
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Actual cost estimates can be used for any dollar amount of reimbursement.&lt;br /&gt;
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====643.2.9.2.2 Lump Sum Estimates====&lt;br /&gt;
The cost estimate that supports the lump sum agreement must be accurate, comprehensive, verifiable, and in sufficient detail to present a clear picture of the work involved and the cost of the individual items. The estimate may cover only that portion of the adjustment for which the Commission is responsible for the costs of the necessary utility adjustments to allow highway construction.&lt;br /&gt;
Lump sum estimates are limited to a maximum of $200,000 of Commission responsibility of costs of the necessary utility adjustments to allow highway construction; however, exceptions may be made for special situations that have prior approval from Design Division. These exceptions usually cover major relocations for which the Commission&#039;s proportionate responsibility is extremely small.&lt;br /&gt;
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===643.2.9.3 Utility Cost Estimate Requirements===&lt;br /&gt;
Whether using an Actual Cost or Lump Sum estimate, the following should be included in the estimate, if applicable. If any of the following sections are not included in the estimate, a qualifying statement as to why the costs were not included should be provided.&lt;br /&gt;
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====643.2.9.3.1 Scope of Work====&lt;br /&gt;
All estimates require a concise summary of the work to be performed on the estimate. An example is &amp;quot;an estimate of cost covering the work of relocating Company&#039;s 12-inch Cushing-Woodriver pipeline to accommodate construction of Route 47 in Franklin County on Job No. J6P0172&amp;quot;.&lt;br /&gt;
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====643.2.9.3.2 Engineering Costs====&lt;br /&gt;
Costs of engineering, whether preliminary or construction, must be shown as separate items and are not to be included with &amp;quot;labor costs&amp;quot;. Concurrent cost accounting procedures of FHWA and MoDOT make this a necessity. See [[#643.2.6_Preliminary_Engineering_Requirements|EPG 643.2.6 Preliminary Engineering]] and [[#643.2.16.2_Construction_Contract_Requirements|EPG 643.2.16.2 Construction Contract Requirements]] for further information.&lt;br /&gt;
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====643.2.9.3.3 Right of Way Costs====&lt;br /&gt;
A detailed estimate of the cost to acquire replacement easements by the utility owner is required. The cost should be supported by a right of way plan.&lt;br /&gt;
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====643.2.9.3.4 Material Costs====&lt;br /&gt;
Quantities, description of the item, the unit cost, and the extended totals are shown. Percentage computations will be shown immediately following &amp;quot;total cost&amp;quot; so the utility owner’s and Commission&#039;s cost obligations are properly indicated. Unit assembly costs similar to those used by several of the rural electric association (R.E.A.) cooperatives are acceptable, provided the same units and charges are used in the utility owner’s regular operations. A handling charge conforming with the utility owner’s regular procedures may also be included.&lt;br /&gt;
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====643.2.9.3.5 Labor Costs====&lt;br /&gt;
Hours, individual or crew rates, and extended totals are shown. Payroll additives such as insurance, retirement, social security, vacation, and other benefits are shown as a separate item under this heading in accordance with utility owner’s regular procedures. Adequate explanation must be given for total percentage used, especially in those cases where materials and labor are combined as unit costs or where labor percentages include additives and equipment requirements.&lt;br /&gt;
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====643.2.9.3.6 Equipment Costs====&lt;br /&gt;
A description of the equipment to be used must be shown jointly with the number of hours to be charged. Rates charged for equipment usage must be justified by the utility owner’s established accounting procedures. When the utility owner does not have an established accounting procedure or a capitalization and depreciation schedule that is used in its own operations, the rates are to be established by using rental rate publications as a guide. A reasonable amount will be deducted, when using rental rate schedules, for profit that the rental company realizes. A full explanation of the methods used in establishing the rates must also be submitted to support the utility owner’s request and with approval of the district utilities staff.&lt;br /&gt;
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Equipment may be rented when the utility owner’s equipment is not available or is inadequate, with the rental rate justified by appropriate solicitation of bids. See [[#643.2.16.2_Construction_Contract_Requirements||EPG 643.16.2 Construction Contract Requirements]] for further information.&lt;br /&gt;
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Unusual accounting procedures may be accepted with adequate prior explanations and approval of the Design Division.&lt;br /&gt;
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====643.2.9.3.7 Removal Costs====&lt;br /&gt;
These costs are estimated and shown in a similar method but separately from installation costs. When removal costs exceed salvage credits by more than the estimated cost of removal by the roadway contractor, an effort should be made to persuade the utility owner to abandon the utility facilities in place. An exception is made when the utility owner is required to remove abandoned utility facilities because of liability, hazard, or by specific agreement with the Commission. Abandoned utility facilities can be included with the miscellaneous removals in the roadway contract. It may be possible for the utility owner to remove those portions of the utility facility for which credits will exceed removal costs, with the remainder of the utility facility to be abandoned for removal in the roadway contract. Materials removed must be itemized, with the utility owner’s customary salvage credit given. Items to be scrapped or junked should be indicated. Whenever a utility facility or portion thereof is shown to be abandoned on the plan of adjustment, the roadway plans should be notated accordingly. This eliminates ownership problems if these utility facilities are removed or salvaged by the roadway contractor.&lt;br /&gt;
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When the utility facility is no longer needed and removal is necessary to accommodate the roadway project, the removal of the item may be handled either as a right-of way-item or a utility adjustment. When handled as a right of way item, the damages allowed are to equal the depreciated value of the utility facility, with the necessary removals being accomplished by the roadway contractor. If accomplished as a utility adjustment, the Commission, by utility agreement, will reimburse the utility owner for removal costs and receive salvage credit for the material removed, up to but not exceeding removal costs.&lt;br /&gt;
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====643.2.9.3.8 Salvage of Removed Materials====&lt;br /&gt;
This statement, to explain the salvage credit or lack of credit, will reflect routine utility owner policy as well as the particular situation. The utility owner will place a value on any recovered material for salvage. District utilities staff should check this value for reasonableness. Examples of salvage statements include:&lt;br /&gt;
* Existing utility facilities to be abandoned in place, since the cost of salvaging, based on our past experience, will exceed their value.&lt;br /&gt;
* Only those items will be salvaged for which salvage credit will exceed the cost of removal and salvage.&lt;br /&gt;
* Company liability requires removal of the retired utility facilities, even though the cost of removal will exceed allowable credit for salvage.&lt;br /&gt;
* Salvage credits are in accordance with established company accounting procedures.&lt;br /&gt;
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====643.2.9.3.9 Accrued Depreciation Credits====&lt;br /&gt;
Credit is required for the accrued depreciation of a utility facility that is being replaced. Examples are a building, structure, pumping station, filtration plant, power plant, substation, or other similar operational unit. Credit for accrued depreciation will not be required for a segment of the utility&#039;s service, distribution, or transmission lines. It is also not required when the building or structure is being moved as necessitated by the highway project. Acceptable accrued depreciation credit will be determined by using the following formula:&lt;br /&gt;
&amp;lt;math&amp;gt;\frac{\text{Actual Length of Service of Replaced Facility (Years)}}{\text{Total Estimated Service Life of Replaced Facility (Years)}} x&amp;lt;/math&amp;gt;&amp;lt;span style=&amp;quot;font-family: &#039;Times New Roman&#039;, Times, serif; font-size: 130%;&amp;quot;&amp;gt; Original Cost ($) = Credit ($)&amp;lt;/span&amp;gt;&lt;br /&gt;
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====643.2.9.3.10 Betterment Credits====&lt;br /&gt;
Betterment means the upgrading of the utility facility being relocated, made solely for the benefit of and at the election of the utility owner and is not attributable to the roadway improvement. Credit to the Commission is required for the additional costs incurred for the betterments introduced in the adjusted utility facility. No betterment credit is required for additions or improvements which are:&lt;br /&gt;
* Required by the highway project&lt;br /&gt;
* Replacement devices or materials that are of equivalent standards although not identical&lt;br /&gt;
* Replacement of devices or materials no longer regularly manufactured with next highest grade or size&lt;br /&gt;
* Required by law under governmental and appropriate regulatory commission code&lt;br /&gt;
* Required by current design practices regularly followed by the utility owner in its own work, and there is a direct benefit to the highway project&lt;br /&gt;
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====643.2.9.3.11 Overhead Costs====&lt;br /&gt;
Overhead costs are usually a percentage of the total labor cost. This item must be in accordance with the utility owner’s established accounting procedures, which in some cases may include handling costs or be a percentage of the total cost of the work involved. Additional attention to overhead costs is required when the rate is different from previously accepted rates. Occasionally, it can be difficult to obtain the necessary information at the time of the estimate to approve the overhead rates. In this situation, the estimate can be approved with exception of the overhead rates for payment. The utility owner is informed of this matter with the understanding that the overhead rates could be approved and paid with submission of appropriate supporting data and Financial Services audit review.&lt;br /&gt;
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====643.2.9.3.12 Prorating Costs====&lt;br /&gt;
The need for prorating utility adjustment costs occurs when both the Commission and the utility owner are responsible for a portion of the utility adjustment necessary to allow for highway construction, and the actual costs for reimbursement in each category cannot be explicitly determined. Generally, the following conditions require division of costs:&lt;br /&gt;
* The adjustment is considered partially reimbursable per [[#643.2.8.3_Shared_Responsibility|EPG 643.2.8.3 Shared Responsibility]]&lt;br /&gt;
* Betterments are included in the necessary adjustment of the utility facility&lt;br /&gt;
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The district utilities staff should negotiate with the utility owner’s representative to determine an equitable basis for the prorating of costs based on the characteristics of the utility adjustment necessary to allow for highway construction.&lt;br /&gt;
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====643.2.9.3.13 Costs Records====&lt;br /&gt;
The estimate should include a statement as to where the utility owner’s cost records may be reviewed. An example: &amp;quot;Company cost records will be available in our office at 2134 Industrial Avenue, Tulsa, Oklahoma&amp;quot;.&lt;br /&gt;
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====643.2.9.3.14 Other====&lt;br /&gt;
Additional statements will explain or further clarify the work that is included. Such other items may include bypasses, special equipment, need for larger utility facilities, etc.&lt;br /&gt;
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==643.2.10 Schedule==&lt;br /&gt;
Timely adjustments of utility facilities are essential for efficient completion of highway construction projects. Ideally, all utility adjustments are completed prior to a project’s Plans, Specifications, and Estimate (PS&amp;amp;E) submittal to Central Office. Depending on the specifics of the highway construction and utility adjustment necessary, early completion of the utility adjustment may not be practical. The district utilities staff should negotiate with the utility owner to determine the schedule parameters necessary for the utility adjustment. At a minimum, the utility owner should document the dates it anticipates starting and completing the work. If a utility adjustment depends upon the completion of a portion of the highway construction, the necessary milestone for starting the utility adjustment should be documented along with an anticipated number of working days to complete the utility adjustment. The schedule is included as Exhibit “C” to the agreement.&lt;br /&gt;
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==643.2.11 Pre-Audits==&lt;br /&gt;
The district utility staff performs a pre-audit review and approval prior to preparation of the agreement. A [https://epg.modot.org/forms/general_files/DE/PreAuditChecklist.docx pre-audit checklist] should be completed and saved in MoProjects.&lt;br /&gt;
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==643.2.12 Utility Agreements==&lt;br /&gt;
Whenever the Commission is responsible for the cost of the necessary adjustments to allow highway construction, an agreement is required. If a Master Reimbursable Utility Agreement (see [[#643.2.12.2_Master_Reimbursable_Utility_Agreements|EPG 643.2.12.2]]) has not been executed with the utility owner, a Project Specific Agreement (see [[#643.2.12.3_Project_Specific_Agreements|EPG 643.2.12.3]]) is executed between the utility owner and the Commission. In some cases, it may be more practical for the Commission to include adjustment of utilities into a Commission administered contract. A Utility Agreement - Actual Cost (For Utility Work That is to be Included in the Missouri Highways and Transportation Commission&#039;s Road Project) (see EPG 643.2.12.4). Agreements include a plan of adjustment (Exhibit “A”), cost estimate (Exhibit “B”), and schedule (Exhibit “C”).&lt;br /&gt;
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The Utility Agreement boilerplate forms have been approved by the Chief Counsel’s Office (CCO). They are identified in the upper left-hand corner of each agreement by an identifier such as CCO Form: UT01 for the Master Reimbursable Utility Agreement. CCO updates these agreements as necessary. They serve as a guide in the preparation of the agreement to be executed with the utility owner for the adjustments required to their utility facilities to accommodate the proposed roadway improvement project. District utilities staff should use the latest version of the agreement found in eAgreements in drafting an agreement with utility owners. A list of utility agreements and detailed information concerning the sequence for preparing and executing an agreement is available in EPG 153 Agreements and Contracts.&lt;br /&gt;
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These forms are to be used word for word. Revisions or additions are only made to address specific project details. The intent of each paragraph must be retained, although specific words may be revised to fit the particular situation. No paragraphs are deleted without prior approval from CCO. For guidance on acceptance of liability, refer to the Acceptance of Liability Policy at the CCO SharePoint page. Drafts of agreements having major revisions or complications are to be submitted, with supporting data, to Design Division for comment and approval.&lt;br /&gt;
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A reference to 23 CFR 645 is included in all agreements. Utility owners must be acquainted with these requirements and procedures. The incorporation of 23 CFR 645 by reference in all agreements eliminates the need for a second set of regulations to be included in the document.&lt;br /&gt;
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The agreement for the adjustment of a utility is prepared by the district utilities staff and submitted to the utility owner for execution. The agreement is based on the plan, estimate of cost which was prepared in accordance with 23 CFR 645, and schedule. Authorized individuals representing the utility owner will execute the agreement. The agreement must be signed, sealed, and if necessary, notarized by the utility owner. If the utility owner does not have or use a corporate seal, write &amp;quot;NO SEAL&amp;quot; under the signatures of the owner’s officers. Agreements with political subdivisions are to be supported by an appropriate ordinance, a copy of which is to be submitted with the executed agreements. All copies will be forwarded to the CCO for further handling. A fully executed copy of the agreement will be retained in eAgreements. If the agreement was executed using electronic signatures, the district utilities staff should forward an electronic copy of the fully executed agreement to the utility owner. If the agreement was executed using wet signatures, one (1) paper copy of the fully executed agreement will be returned by the Commission Secretary’s Office to the district utilities staff. The district utilities staff will forward this copy to the utility owner.&lt;br /&gt;
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===643.2.12.1 Buy America Build America Requirements===&lt;br /&gt;
All agreements contain information on Buy America Build America (BABA) compliance. The utility owner should select the method of certification (See EPG 643.2.19) at the time of agreement completion. The appropriate paragraph will be inserted into the agreement. All BABA compliance documents must be retained by the utility owner and made available upon request at no cost to the Commission and/or FHWA.&lt;br /&gt;
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====643.2.12.1.1 Utility Owner Self-Certification====&lt;br /&gt;
The City/Company certifies that when determining products/materials subject to Buy America Build America requirements to use in the performance of this Agreement, it shall use only such products/materials for which it has received a certification from its supplier, or provider of construction services that procures the product/material, certifying compliance with Buy America Build America requirements. This does not include products/materials for which waivers have been granted pursuant to 23 CFR 635.410. The City/Company will not be required to provide the Commission copies of the supplier certification as part of this Agreement or with the final invoice of said Commission’s Federal-Aid Highway Construction Project.&lt;br /&gt;
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====643.2.12.1.2 Vendor/Manufacturer Certification====&lt;br /&gt;
The City/Company certifies that when determining products/materials subject to Buy America Build America requirements to use in the performance of this Agreement, it shall use only such products/materials for which it has received a certification from its supplier, or provider of construction services that procures the product/material, certifying compliance with Buy America Build America requirements. This does not include products/materials for which waivers have been granted pursuant to 23 CFR 635.410. The City/Company shall provide to the Commission all Buy America compliance documents as outlined in the Commission’s Engineering Policy Guide 643. All required compliance documents shall accompany the final invoice submitted to the Commission.&lt;br /&gt;
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===643.2.12.2 Master Reimbursable Utility Agreements===&lt;br /&gt;
The UT01: Master Reimbursable Utility Agreement (MRUA) is a statewide agreement that has been executed by the utility owner and the Commission for all future reimbursable utility adjustments between both parties. Once a MRUA is executed, no other utility agreements are required on design-bid-build projects. The district utilities staff should encourage utility owners to enter into a MRUA with the Commission to reduce potential future delays in executing a project specific agreement. A list of previously executed Master Reimbursable Utility Agreements is available. District utilities staff should add newly executed agreements to this list. The MRUA can be employed as either an actual cost (EPG 6432.12.3.1) or lump sum (EPG 643.2.12.2.2) agreement. When the reimbursable adjustment will utilize a MRUA, the district utilities staff will prepare a MRUA correspondence letter (“letter agreement”) referencing the executed MRUA. A copy of the MRUA correspondence letter should be saved in MoProjects for reference by Financial Services, the district construction office, and the district staff responsible for inspection of utility adjustments. All project specific items such as type of agreement (actual cost or lump sum), plan of adjustment, estimated total cost, cost allocation, and schedule are addressed in the MRUA correspondence letter from the district utilities staff to the utility owner. A flowchart of the MRUA process is available.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.3 Project Specific Agreements===&lt;br /&gt;
If a utility owner does not have a MRUA with the Commission, a project specific agreement will be required for every project for which the Commission is responsible for the necessary adjustments to allow highway construction. The project specific agreement will be either an actual cost (EPG 643.2.12.3.1) or lump sum (EPG 643.2.12.3.2) agreement.&lt;br /&gt;
&lt;br /&gt;
====643.2.12.3.1 Actual Cost Agreements====&lt;br /&gt;
The UT03: Utility Agreement – Actual Cost is used when detailed estimates are not practical or costs appear to be questionable. Details on actual cost estimates can be found at EPG 643.2.9.2.1 Actual Cost Estimates. Once the final invoice on a UT03 is submitted to Financial Services, district utilities staff should change the status on the agreement in eAgreements to completed.&lt;br /&gt;
&lt;br /&gt;
====643.2.12.3.2 Lump Sum Agreements====&lt;br /&gt;
The UT02: Utility Agreement – Lump Sum eliminates the need for keeping detailed records of cost and the auditing of cost records. Estimates of cost must be prepared in detail for use of this agreement. When detailed estimates are not practical or costs appear unreasonable, actual cost agreements are to be used. Use of special forms of agreements, such as &amp;quot;subordination agreements&amp;quot;, which are desired by certain utility owners, is acceptable. These, too, must be revised to cover the particular situation. Details on lump sum estimates can be found at EPG 643.2.9.2.2 Lump Sum Estimates. Once the final invoice on a UT02 is submitted to Financial Services, district utilities staff should change the status on the agreement in eAgreements to “completed”.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.4 Agreement for Utility Work Included in Roadway Improvement Project===&lt;br /&gt;
The UT04: Utility Agreement - Actual Cost (For Utility Work That is to be Included in the Missouri Highways and Transportation Commission&#039;s Road Project) allows for the adjustment to be based on actual cost with the roadway contractor performing the utility work. Caution should be exercised in the type of utilities to be relocated in roadway contracts. Utilities recommended are waterlines and sewer lines. Other utilities, such as gas lines, communication lines, and power lines are to be studied thoroughly before being included in the project.&lt;br /&gt;
&lt;br /&gt;
The Transportation Project Manager and district utilities staff must plan ahead to get this work in the roadway contract. The utility owner must agree to include the utility adjustment in the roadway contract. The adjustment may be on highway right of way or on private easement in the name of the utility owner. The utility owner can agree to allow MoDOT’s contractor to work in its easement. However, district utilities staff in consultation with district right of way staff should review the easement documentation to verify the utility owner’s rights to the easement and any limitations on its use. MoDOT’s contractor can work and operate on both Commission right of way and on the utility easement, even when not directly connected to the Commission right of way, as part of the job site. Temporary construction easements may be necessary in addition to the utility easement to ensure adequate working room for the contractor.&lt;br /&gt;
&lt;br /&gt;
:The utility owner may request exemption to any liability for negligence of our contractor working on their easement. The Commission can assume that liability (refer to Acceptance of Liability Policy), but it should be included in the utility agreement if so desired by the utility owner. A Job Special Provision is necessary to require the MoDOT contractor to hold the utility harmless from all claims due to contractor negligence.&lt;br /&gt;
&lt;br /&gt;
Subsurface information, i.e. boring data, etc., should be obtained by the utility owner since it may be needed for the design of the utility adjustment. This information should be included in the plans. If the utility owner must bear all or part of the cost of the adjustment, the utility owner must agree to pay a pre-deposit to the Commission prior to opening bids on the project. This should be in the utility agreement. The pre-deposit will be credited to the &amp;quot;Missouri Highway and Transportation Commission - Local Fund.&amp;quot; Any interest earned in the fund will apply to the cost of the adjustments. The utility agreement will include language that the utility will inspect the installation and assume maintenance of the utility facility after construction. MoDOT will also provide engineering supervision to be sure the road contractor is in compliance with the contract. Utility plans and specifications are to be approved by the owner prior to submittal to the Central Office. The following items will provide minimum information to allow MoDOT’s contractor to bid the work.&lt;br /&gt;
# Individual bid items (not &amp;quot;lump sum&amp;quot;) should be established to promote better bidding and to handle overruns and underruns. Bid items not included on the Computer Stored Bid Item list should be &amp;quot;99&amp;quot; numbers.&lt;br /&gt;
# he bid package must be in our letting format. If the package was prepared by a consultant as if the utility owner were going to let it, all bid bond or bidding procedures must be screened to remove requirements contrary to MoDOT letting requirements. District utilities staff should work with the Transportation Project Manager, Design Liaison Engineer, and Central Office Bidding and Contract Services to ensure this requirement is met.&lt;br /&gt;
# The specifications required by the utility owner should be reviewed for items that could cause a bid problem for our contractor. Items such as non-readily available materials or sizes should be avoided.&lt;br /&gt;
# Utility plan sheets should be .pdf files equivalent to 22 in. x 34 in. It is helpful to have a quantity sheet specifically for utility items.&lt;br /&gt;
# Any special procedures required for the utility installation should be included in the Job Special Provisions.&lt;br /&gt;
# The utility package should be submitted on-time to Central Office with other project plans.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.5 Agreement for a Utility Only Project===&lt;br /&gt;
Any of the above agreements can be modified for a utility only project separate from the roadway project. The utility only project may be done by forces hired by the utility owner or by the Commission. A separate utility only project has distinct advantages when the following occurs:&lt;br /&gt;
* The utility work is extensive&lt;br /&gt;
* It must be performed in accordance with the utility owner’s seasonal requirements&lt;br /&gt;
* It extends beyond the limits of the construction project&lt;br /&gt;
* It must be performed considerably in advance of the roadway contract&lt;br /&gt;
&lt;br /&gt;
Necessary environmental and design work is still required for the limits of the separate utility only project. It may be necessary in these cases to have a second agreement with the utility owner to cover any other work that must be performed concurrently with the roadway contract. These latter agreements will use the roadway construction job number. Early need for utility projects is to be determined at the time when the STIP is updated each year. The utility construction funds will be shown in the year right of way funds are assigned. This will be done whenever possible to secure early adjustment of utility facilities. A request by the district is sent to the Planning Division. Estimated dollar amounts for utility adjustments are needed. These are estimates and do not need to be extremely accurate. When a special utility project is established, it is preferred, if at all possible, to include all the utility adjustments necessary for the entire roadway project. If funds are available, additional agreements can be added to this utility project until the final invoice for the first completed agreement is received for payment.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.6 Supplemental Agreements===&lt;br /&gt;
For utility owners with a UT01 agreement, a supplemental letter agreement documenting the change in the scope or cost of the work is acceptable.&lt;br /&gt;
&lt;br /&gt;
The UT05: First Supplemental Agreement is used to document changes to UT02 and UT03 agreements. If changes to the scope of work occur that are anticipated to exceed $100,000 or 15% of the original agreement, a UT05 is required. If the final invoice on an actual cost adjustment without changes in the scope of work exceeds the limits shown in the table below, a UT05 is required.&lt;br /&gt;
&lt;br /&gt;
{| class=&amp;quot;wikitable&amp;quot; style=&amp;quot;margin-left: 25px; text-align:center&amp;quot;&lt;br /&gt;
! Amount in Original Actual Agreement !! Final Bill Total Exceeds Original Amount by:&lt;br /&gt;
|-&lt;br /&gt;
| 0-$25,000 || 50%&lt;br /&gt;
|-&lt;br /&gt;
| $25,000-$100,000 || 40%&lt;br /&gt;
|-	&lt;br /&gt;
| Exceeds $100,000 || 30%&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
Should multiple UT05s be required with the same utility owner, the UT05 should be modified for additional supplemental agreements. Once the final invoice on an UT05 is submitted to Financial Services, district utilities staff should change the status on the agreement in eAgreements to “completed”.&lt;br /&gt;
&lt;br /&gt;
==643.2.13 Utility Adjustments in Roadway Plans and Job Special Provisions (JSPs)==&lt;br /&gt;
It is the responsibility of the MoDOT Transportation Project Manager (TPM) to ensure utility plans of adjustment are shown on the project plans at the Plan, Specification, and Estimate (PS&amp;amp;E) stage based upon information coordinated by the district utilities staff with the appropriate utility owner.&lt;br /&gt;
&lt;br /&gt;
===643.2.13.1 Plans===&lt;br /&gt;
A legend showing all applicable utility symbols and the names of the utility owners is shown on the first special utility sheet. In the absence of special utility sheets, this information may be shown on the title sheet or the first plan and profile sheet. The following note is required to be placed on the title sheet or the first plan and profile sheet and the first special utility sheet (if used) to inform contractors of the suitability of the utility information contained on the plans.&lt;br /&gt;
&lt;br /&gt;
&amp;quot;The existence and approximate location of utility facilities known to exist, as shown on the plans, are based on the best information available to the Commission at this time. This information is provided by the Commission &amp;quot;as-is&amp;quot; and the Commission expressly disclaims any representation or warranty as to the completeness, accuracy, or suitability of the information for any use. Reliance upon this information is done at the risk and peril of the user, and the Commission shall not be liable for any damages that may arise from any error in the information&amp;quot;.&lt;br /&gt;
&lt;br /&gt;
===643.2.13.2 Job Special Provisions===&lt;br /&gt;
Since the addition of utility information on the plans, supplied by a third party, could subject the Missouri Highway and Transportation Commission to additional liability, a Utility JSP reflecting the status of utility adjustments will be required. The JSP will include the name, address, e-mail address, and telephone number of all utility owner representatives for all utility facilities located on the project. The anticipated adjustment completion date for each utility adjustment is also to be shown based on the agreed upon dates, durations, or completion dates with the utility owner’s representative. This information will inform the bidder of the status of utilities for proper work coordination that could affect the bids for the proposed highway construction project. Status notations will include general notations such as: “N/A”, “Work is in progress”, “Work has not started”, “Work is complete”, and “Work is included in contract.”&lt;br /&gt;
&lt;br /&gt;
===643.2.13.3 PS&amp;amp;E Submittal===&lt;br /&gt;
In the District Final Plans Submittal Checklist (D-12), the TPM should note any issues related to existing utility facilities or the adjustment of utility facilities either shown or not shown on the plans. Projects with “No Utility Impacts” such as some overlays, striping, bridge washing, etc. do not need a Utility Status Letter or Utility JSP. The D-12 is used for these projects. In the D-12, under Project Details – “Utilities”, the note “NO” is selected and under “Status”, select “Clear”. For all other projects, the district utilities staff will write a Utility Status Letter. The TPM will include the Utility Status Letter with the submittal of the final plans to the Design Division. The Utility Status will be defined as:&lt;br /&gt;
# Utility facilities are present, but no conflict is anticipated with the highway construction project. Or,&lt;br /&gt;
# All utility facilities requiring adjustment to allow highway construction have been physically adjusted on the project. Or,&lt;br /&gt;
# Utility construction work is planned or active and will be completed to such a point that no impact will be expected to the highway construction project. The status of this work is defined in the utility JSP. Or,&lt;br /&gt;
# Utility facilities are not expected to be adjusted by the notice to proceed date for the road project, but the utility work will have no impact on the progress of the highway construction project. The status of this work is defined in the utility JSP. Or,&lt;br /&gt;
# Utility facilities must be adjusted after the road contractor completes stage construction or in coordination with the contractors’ work. Details of the coordination effort required of the contractor are defined in the utility JSP to properly advise bidders. Or,&lt;br /&gt;
&lt;br /&gt;
# Utility adjustment plans and specifications are included in the bid documents for the highway construction project. A UT04 agreement must be executed.&lt;br /&gt;
&lt;br /&gt;
==643.2.14 Payment to Utility Companies for Reimbursable Work==&lt;br /&gt;
Authorization and federal funding obligation must be approved prior to incurring costs. This applies to all types of work on utility facilities including preliminary engineering. An obligation is a commitment by the federal government to reimburse MoDOT for the federal share of a project’s eligible cost.&lt;br /&gt;
&lt;br /&gt;
===643.2.14.1 Obligation Process===&lt;br /&gt;
Federal funding can be used with both lump sum and actual cost agreements. After the utility agreement is fully executed, the district utilities staff will email a copy of the utility agreement or the letter agreement referencing the MRUA to the email group OBLIGATE. This email should request the authorization authority for use of federal funds and to be informed of a Notice to Proceed (NTP) (see EPG 643.2.15) date by Financial Services once federal funding has been obligated. District utilities staff should allow three (3) weeks to receive the NTP. Financial Services will use Advance Construction (AC) funding to fund reimbursement to utility owners. With AC funding, state funds initially are used to pay for reimbursement to utility owners. Once construction is complete, with appropriate documentation of the work via the C-9 and C-13, Financial Services will convert to federal funding.&lt;br /&gt;
&lt;br /&gt;
===643.2.14.2 Preliminary Engineering===&lt;br /&gt;
On occasion, preliminary engineering (PE) may need to be undertaken by the utility owner prior to the execution of a utility agreement. If a utility owner has a MRUA, an estimate of the cost of the PE work by the utility owner may be used to obligate funding for preliminary engineering under the MRUA as a PE only letter agreement. If a lump sum or actual cost agreement will be required with the utility owner for the project, district utilities staff should do two (2) agreements with one agreement covering PE only, and once a design for the adjustment is obtained, a second agreement for the construction of the adjustment should be executed. If a separate PE only agreement is obtained, NTP will need to be issued twice to the utility owner: once for PE and once for construction.&lt;br /&gt;
&lt;br /&gt;
===643.2.14.3 Right of Way===&lt;br /&gt;
Once Notice to Proceed has been given, the utility owner may begin the right of way acquisition process. If the utility owner needs to acquire right of way prior to a full agreement for relocation has been negotiated, the agreement specifically for the acquisition of right of way should be executed. This agreement will be sent to Financial Services to begin the obligation process.&lt;br /&gt;
&lt;br /&gt;
===643.2.14.4 Construction===&lt;br /&gt;
Payment to utility owners for construction of the adjustment may occur in a number of phases.&lt;br /&gt;
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====643.2.14.4.1 Prepayment====&lt;br /&gt;
Per the utility agreement, the Commission allows utility owners to be prepaid prior to commencing work. The district utilities staff may negotiate the prepayment if the utility owner is receptive. The utility owner will submit a request for prepayment with an invoice prior to any prepayment. Route, county, and job number must be included in the request. The district utilities staff will submit a request to Financial Services with a copy saved in MoProjects for future reference by the district staff responsible for inspection of the utility adjustment.&lt;br /&gt;
&lt;br /&gt;
====643.2.14.4.2 Progress Payments====&lt;br /&gt;
If a utility owner has not been prepaid the entire estimated amount in the utility agreement, then the utility owner may request progress payments after completing a portion of the proposed work, including PE.&lt;br /&gt;
&lt;br /&gt;
Progress payments for PE by consultants should not exceed the &amp;quot;maximum not to exceed amount&amp;quot; shown in the cost estimate unless additional costs are approved first by district utilities staff.&lt;br /&gt;
&lt;br /&gt;
For progress payments, the utility owner is required to submit only a summary of work and materials for which payment is claimed, not a detailed billing. District utilities staff should check only to be sure that sufficient work has been done to justify making the requested payment. Payment should be made for allowable costs incurred up to the date of the progress payment request.&lt;br /&gt;
&lt;br /&gt;
Progress payment invoices do not relieve the utility owner of the responsibility of submitting one complete and final invoice upon completion of the adjustment. The utility owner’s address must be shown on the invoice. The district utilities staff should submit progress payment invoices and applicable C-9s to Financial Services within one (1) week of receipt of invoice.&lt;br /&gt;
&lt;br /&gt;
One copy of the progress payment and one copy of the district utilities staff letter of recommendation must be sent to Financial Services for payment and be stored in MoProjects. The cover memo should include the project number, route, county, actual cost or lump sum utility agreement, Commission obligation percentage, total cost estimate of Commission obligation, and indicate the progress payment number, i.e., progress payment number 1, 2, 3, etc. If more than one progress payment is requested by the utility company, the district should submit progress payment bills to Financial Services in the following format:&lt;br /&gt;
{| class=&amp;quot;wikitable&amp;quot; style=&amp;quot;margin-left: 25px; text-align:center&amp;quot;&lt;br /&gt;
! Payment !! Amount&lt;br /&gt;
|-&lt;br /&gt;
| Progress Payment #1 || $50,000&lt;br /&gt;
|-&lt;br /&gt;
| Progress Payment #2 || 10,000&lt;br /&gt;
|-	&lt;br /&gt;
| Total Payment to Date || $60,000&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
This format will help clarify payment history with the utility owner. Progress payments for actual cost utility agreements may not exceed the Commission&#039;s total estimated cost shown in the agreement. However, if the request for a progress payment exceeds the original estimate, a change order with explanation should accompany the request. (See EPG 641.2.16.5 Change Orders.)&lt;br /&gt;
&lt;br /&gt;
====643.2.14.4.3 Final Payment====&lt;br /&gt;
Utility owners are required to submit a detailed final invoice to MoDOT for all actual cost reimbursable utility work and for any lump sum reimbursable utility work that was not prepaid. For prepaid lump agreements, the utility owner must submit a zero-dollar ($0) invoice to demonstrate the work has been completed. After the utility work has been fully completed, the district utilities staff responsible for inspection should send the utility owner a “60 Day” Final Acceptance Letter requesting a complete final invoice within 60 days, as detailed in the utility agreement. If the final invoice is not received from the utility owner within 30 days, then a follow up letter should be sent (i.e., “30 Day” Reminder Final Invoice Letter) reminding the utility owner of its obligation to submit a final invoice within 60 days of the completed work. If a final invoice from the utility owner is not received within this timeframe, then the district utilities staff should contact the Design Liaison Engineer for guidance on how to close out the work.&lt;br /&gt;
&lt;br /&gt;
The district utilities staff is expected to check the final bill within two (2) weeks after receipt in as much detail as possible against the C-9. It is their responsibility to verify from field records the quantities of labor, equipment, material used, material retired, and to justify all changes made. If the utility owner’s contractor made the adjustment at unit cost prices, then it is the district utility staff’s responsibility to verify the number of units completed and not the hours of labor and equipment. It is also important for the utility owner to show the words “final bill” or “final invoice” on the last bill, in order for MoDOT to understand that no additional charges will be made on the adjustment. The final bill must show a general description of the utility adjustment, the highway project number, the date on which work was completed or last item of billed expense was incurred, and the location where records can be audited. The order of items in the final statement should follow as closely as possible the order of items in the original estimate. A summary, on the utility owner’s letterhead, of the total cost of preliminary engineering, construction engineering, right of way, labor, overhead, construction travel expense, transportation, equipment, materials, supply, handling, and salvage credits should be shown in a way that will permit direct comparison with the approved estimate from the original or supplemental agreements (see EPG 643.2.12.6).&lt;br /&gt;
&lt;br /&gt;
If the Actual Cost final invoice shows a much higher cost than the original estimate without scope change, the utility owner is required to give reasons in a letter to the district utilities staff explaining why the invoice cost increased. When the Actual Cost final invoice exceeds the amount shown in the table in EPG 643.2.12.6, a supplemental agreement is required.&lt;br /&gt;
&lt;br /&gt;
When the district utilities staff has determined that the final invoice is accurate, the C-13 should be completed. Once the C-13 is completed, the C-13 and the final invoice from the utility owner are forward to Financial Services. For Actual Cost agreements, the C-9s should also be included in this transmittal. If no additional payments are required, the district utilities staff should note this in the transmittal as well. If the final invoice indicates previous payments to a utility owner exceeded the final invoice, the utility owner will need to send MoDOT a check for the overpayment amount. The check should be made payable to Director of Revenue – Credit State Road Fund. If the utility owner did not send MoDOT an overpayment check with the final invoice, district utilities staff should send a letter to the utility owner requesting the refund amount. Submittal of the final invoice to Financial Services should not occur until repayment has been received. The submittal to Financial Services should note the receipt of the repayment check.&lt;br /&gt;
&lt;br /&gt;
==643.2.15 Notice to Proceed==&lt;br /&gt;
For PE only, once an agreement has been executed, and Financial Services has advised that authorization from FHWA has been received, district utilities staff will issue a notice to proceed (NTP) letter to the utility owner for the PE. For agreements that include PE and construction or once a final agreement for construction has been executed, right of way clearance has been issued, and Financial Services has advised that authorization from FHWA has been received, the district utilities staff will issue NTP to the utility owner for construction. See Example of Notice to Proceed Letter. If salvage credit is part of the agreement with the utility owner, the NTP letter should include a statement that the utility owner will need to inform district utilities staff of the time and place that inspection may be made of the removed material. The utility owner may be held accountable for full value of materials disposed without proper notice. Utility owners may purchase materials prior to NTP for construction; however, no other work on the adjustment necessary to allow highway construction may begin prior to NTP for construction. The utility owner, for reasons of planning their workload or due to seasonal situations, may request early authorization to perform the work. This request, with the district utilities staff recommendations, is sent to the Design Liaison Engineer for further handling, approval, and advancement of the necessary funds. A copy of the NTP should be saved in MoProjects. If a utility owner begins adjustments prior to NTP for construction, district utilities staff should notify the utility owner immediately in writing that reimbursement will not be made for work done prior to NTP for construction.&lt;br /&gt;
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==643.2.16 Construction of Utility Adjustments==&lt;br /&gt;
===643.2.16.1 Utility Owner Self-Perform===&lt;br /&gt;
As per 23 CFR 645.115 Construction, it may be cost-effective for certain utility adjustments to be performed by a utility owner with its own internal forces and equipment, provided the utility owner is qualified to perform the work in a satisfactory manner. This cost-effectiveness finding covers minor work on the utility owner’s existing utility facilities routinely performed by the utility owner with its own forces.&lt;br /&gt;
&lt;br /&gt;
===643.2.16.2 Construction Contract Requirements===&lt;br /&gt;
When the utility owner is not adequately staffed and equipped to perform such work with its own forces and equipment at a time convenient to coordination with the associated highway construction, such work may be done one of four ways for utility adjustments:&lt;br /&gt;
# MoDOT can provide the construction services, via awarded contract to the lowest qualified bidder based on appropriate solicitation. This can be done by including the adjustment work in the roadway improvement project (EPG 643.2.12.4 Utility Agreement for Utility Work Included in Roadway Improvement Project) or by having a utility only project (EPG 643.2.12.5 Utility Only Project).&lt;br /&gt;
# The utility owner can award a construction contract to the lowest qualified bidder based on appropriate solicitation.&lt;br /&gt;
# The utility owner can utilize an existing continuing contract, provided the costs are reasonable (see EPG 643.2.9.1 Independent Cost Estimate).&lt;br /&gt;
# The utility owner can contract for low-cost incidental work, such as tree trimming and the like, without competitive bidding, provided the costs are reasonable (see EPG 643.2.9.1 Independent Cost Estimate).&lt;br /&gt;
&lt;br /&gt;
When a utility owner chooses option 2 to award its own new construction contract, the utility owner must provide the following documents and information to the district utilities staff. These documents need to be provided as soon as the utility owner has chosen to pursue a construction contract. Document 1 must be supplied by all utility owners. Documents 2 and 3 are only required when the utility owner is a local government agency who is also a political subdivision of the state of Missouri (e.g., city-owned utilities, county-owned utilities). All other utility owners are encouraged, but not required, to provide Documents 2 and 3.&lt;br /&gt;
# A statement that the utility owner is not staffed or able to perform the required construction activities with its own forces.&lt;br /&gt;
# A copy of the request for proposal used to secure bids.&lt;br /&gt;
# A list of a minimum of 3 bidders whom they believe can do the work. &#039;&#039;&#039;Political subdivisions are required to advertise for the work&#039;&#039;&#039;.&lt;br /&gt;
# Upon review of these documents, the district utilities staff will advise the utility owner to proceed with the solicitation of bids, but the utility owner will not be permitted to award the contract without the concurrence of district utilities staff. For lump sum agreements, approval of contract work and subcontract work is not required.&lt;br /&gt;
&lt;br /&gt;
The following documents need to be provided as soon as the utility owner has determined the lowest qualified contractor and would like to award the project. Document 1 must be supplied by all utility owners. Document 2 is only required when the utility owner is a local government agency who is also a political subdivision of the state of Missouri (e.g., city-owned utilities, county-owned utilities). All other utility owners are encouraged, but not required, to provide Document 2.&lt;br /&gt;
# The name address of the lowest qualified contractor.&lt;br /&gt;
# The tabulation of bids received and other information to support their recommendation for award to the lowest qualified bidder.&lt;br /&gt;
&lt;br /&gt;
The district utilities staff will review and approve the utility owner&#039;s bid information prior to the award of the contract. The Design Liaison Engineer is available to assist the district with review of bid information if necessary. Once the district utilities staff provides concurrence, the utility owner may proceed with awarding the contract. When the utility owner is a local government agency who is also a political subdivision of the state of Missouri (e.g., city-owned utilities, county-owned utilities), a copy of the executed contract must be shared with the district utilities staff. All other utility owners are encouraged, but not required, to provide a copy of the executed contract.&lt;br /&gt;
&lt;br /&gt;
A checklist is available for reviewing contracts to ensure the contract conforms to MoDOT policy and complies with applicable federal regulations.&lt;br /&gt;
&lt;br /&gt;
When a utility owner chooses to utilize a an existing continuing contract, the utility owner will submit a copy of the contract to the district utilities staff. The district utilities staff will review the contract for reasonableness of cost. If district utilities staff and the utility owner’s representative cannot agree on the reasonableness of cost, then the utility owner will be required to award a new construction contract.&lt;br /&gt;
&lt;br /&gt;
===643.2.16.3 Inspection===&lt;br /&gt;
The degree of inspection needed for utility adjustments will vary considerably with the nature and location of the work and whether the Commission is responsible for any portion of the cost of reimbursement. Judgment must be used regarding the manner and regularity of inspection duties. Some phases of the work require a very close check to ensure that the highway will not be adversely affected and to ensure satisfactory performance of work in accordance with the agreement and plans. The degree of inspection may vary from spot checking of overhead installations to continuous close observation of backfilling trenches beneath proposed pavement, embankment area, or adjacent to bridge abutments. Proper inspection can ensure that the utility adjustment is completed as efficiently as possible to minimize future impacts to the utility facility and the highway construction project. A [https://epg.modot.org/forms/general_files/DE/UtilityFieldInspectionChecklist.docx Field Inspection Checklist] to assist district utilities staff responsible for inspection is available.&lt;br /&gt;
&lt;br /&gt;
If it is found that any actual cost reimbursable utility adjustment is being performed by unapproved contractors, district utilities staff should direct the work to stop. The utility owner’s representative should be informed immediately and should be advised in writing that the costs incurred by an unapproved contractor are not eligible for reimbursement under provisions of the agreement. The district utilities staff can take appropriate steps to approve a subcontract and advise when the utility owner can recommence work.&lt;br /&gt;
&lt;br /&gt;
===643.2.16.4 Documentation===&lt;br /&gt;
All documents related to the construction of the utility adjustment necessary to allow highway construction should be stored in MoProjects.&lt;br /&gt;
&lt;br /&gt;
Construction records must be kept to confirm that work is done in accordance with the terms of the agreement and in the manner proposed in the plans. The importance of a complete and accurate record cannot be overemphasized. Detailed records are necessary to support the recommendation for payment of the final invoice. A complete, separate daily record must be kept on each actual cost adjustment and submitted for review when the final invoice is recommended for payment. This district utilities staff responsible for inspection should complete the Daily Utility Report (C-9).&lt;br /&gt;
&lt;br /&gt;
====643.2.16.4.1 Utility Reports====&lt;br /&gt;
The Daily Utility Report ([https://epg.modot.org/forms/general_files/DE/C-9.docx Form C-9]) and the Final Utility Report ([https://epg.modot.org/forms/general_files/DE/C-13.docx Form C-13]) are used for documenting utility adjustments necessary to allow highway construction. The use of C-9s and C-13s will vary with method of reimbursement. For utility adjustments necessary to allow highway construction that overlap with the highway contractor’s work, progress records should be kept as necessary to coordinate the highway and utility construction activities. Sufficient records must be maintained to check and verify the items of labor, equipment, materials, and salvaged items as submitted on the final invoice.&lt;br /&gt;
&lt;br /&gt;
=====643.2.16.4.1.1 Daily Utility Report (C-9)=====&lt;br /&gt;
C-9s are only required for actual cost agreements. The district utilities staff responsible for inspection must in all cases keep records to document inclement weather, down time, and verbal authorization for minor changes. The district utilities staff responsible for inspection must complete a C-9 documenting the number and classification of employees and number of hours worked. Records of material used and of retired materials returned to stock or scrapped must be kept. The utility owner’s major items of equipment must also be recorded. When work is done by the contract method based on unit prices, the district utilities staff responsible for inspection should ascertain that units of work as provided in the bid proposal are measured and recorded to form a basis for checking the final invoice. C-9s should list the location and the number of units of work accomplished for that period. If contract labor or equipment is used by a utility owner on the basis of a bid per hour, per day, etc., it will be necessary to keep records on this labor or equipment time in the same manner as if the utility owner were performing the work with its own internal forces. District utilities staff responsible for inspection should also note all contractors working for the utility owner and the contractor approval authorization dates given in the agreement.&lt;br /&gt;
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=====643.2.16.4.1.2 Final Utility Report (C-13)=====&lt;br /&gt;
C-13s summarize that the utility adjustment work that was done in accordance with the agreement and plans, the percentage of total cost that is the responsibility of the Commission, and any progress payments that have been made. A C-13 is required for both actual cost and lump sum agreements. The requested numbers shown on line 9 (Commission Estimated Cost) and line 10 (Amount of Final Bill) in the report are the Commission’s total responsibility.&lt;br /&gt;
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====643.2.16.4.2 Breakdown and Emergency====&lt;br /&gt;
When breakdown and emergency situations occur, prior approval by MoDOT is not required for contract or equipment rental work unless the cost or period of time will be extensive. The utility owner should furnish a letter as soon as possible to explain the situation and set out the estimated costs involved. The district utilities staff’s records should substantiate the need and the changes for personnel and equipment.&lt;br /&gt;
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====643.2.16.4.3 Stop Work====&lt;br /&gt;
If at any point, a stop work order is given by MoDOT to a utility owner, written documentation of the stop work order should be saved in MoProjects.&lt;br /&gt;
&lt;br /&gt;
===643.2.16.5 Change Orders===&lt;br /&gt;
Any change in the plan of adjustment should be documented in writing to the utility owner as a change order. If the change order is anticipated to exceed $100,000 or 15% of the original agreement amount, district utilities staff should negotiate a supplemental agreement with the utility owner’s representative. Once a supplemental agreement is in place, district utilities staff should contact Financial Services to obtain an adjustment of the obligation mid-project. Change orders without supplemental agreements will be settled once the project is complete.&lt;br /&gt;
&lt;br /&gt;
====643.2.16.5.1 Actual Cost Agreement====&lt;br /&gt;
Slight modifications in quantities or the addition of minor items not included with the original agreement do not require a supplemental agreement. However, such changes should be documented in writing with the utility owner. A supplemental agreement is needed if costs exceed the above threshold or if there is a change in the percentage of cost that is the Commission’s responsibility on an agreement with shared responsibility for costs. Intermediate partial payments cannot be made on items in a supplemental agreement until the supplemental agreement is approved.&lt;br /&gt;
&lt;br /&gt;
====643.2.16.5.2 Lump Sum Agreement====&lt;br /&gt;
A supplemental agreement to a Lump Sum Agreement is only required for significant changes in the scope of work of the utility adjustment necessary to allow highway construction. Normal overruns are not considered as changes in approved work and will not be reimbursed. Significant changes in the scope of work on utility adjustments necessary to allow highway construction cannot be done until the supplemental agreement is approved, and the adjustment in obligation of funds is complete.&lt;br /&gt;
&lt;br /&gt;
==643.2.17 Utilities during Highway Construction==&lt;br /&gt;
The contractor is responsible for having utilities located by contacting Missouri One-Call (811) prior to any excavation on the project. A reminder of this responsibility should be made at the preconstruction meeting.&lt;br /&gt;
&lt;br /&gt;
===643.2.17.1 Preconstruction Meeting (Pre-Con)===&lt;br /&gt;
District utilities staff should be invited to all pre-cons.&lt;br /&gt;
&lt;br /&gt;
Pre-cons fall into three categories relating to utilities:&lt;br /&gt;
# No utility adjustments are anticipated within the project limits,&lt;br /&gt;
# All utility adjustments completed prior to the pre-con, and&lt;br /&gt;
# All utility adjustments not completed prior to the pre-con.&lt;br /&gt;
&lt;br /&gt;
====643.2.17.1.1 No Utility Adjustments Anticipated within the Project Limits====&lt;br /&gt;
For projects without a Utility Job Special Provision (JSP), no involvement of the utility owners is required at the pre-con. For projects with a Utility JSP, the Resident Engineer (RE) should invite all utility owner representatives listed in the JSP with known required adjustment to the pre-con. The RE should review potential impacts of the highway construction project with the contractor and the utility owner.&lt;br /&gt;
&lt;br /&gt;
====643.2.17.1.2 All Utility Adjustments Completed Prior to the Pre-Con====&lt;br /&gt;
The RE should invite all utility owner representatives listed in the JSP with known required adjustment to the pre-con. The RE should review potential impacts of the highway construction project with the contractor and the utility owner. A general discussion should highlight the previous adjustments made by the utility owner and what abandoned utility facilities the contractor may encounter.&lt;br /&gt;
&lt;br /&gt;
====643.2.17.1.3 All Utility Adjustments Not Completed Prior to the Pre-Con====&lt;br /&gt;
It is important for the RE and inspector to understand the utility owner’s work schedule and how it relates to the contractor’s work schedule. During the pre-con, the schedule of the utility owner and highway construction contractor should be discussed, and conflicts should be addressed to allow utility adjustments and highway construction to progress as near to the proposed schedule as possible. On large-scale projects that have many utility issues to address that could impact the work of the highway construction contractor, it may be necessary to have a separate pre-con with utility owner representatives.&lt;br /&gt;
&lt;br /&gt;
===643.2.17.2 Coordination Meetings===&lt;br /&gt;
When the utility work will not be completed soon after the preconstruction meeting, the RE should meet with district utilities staff, the highway construction contractor, and the utility owner representatives on a regular basis to discuss utility coordination issues, so expectations from all parties are known and conveyed clearly. The utility owner may need some work performed by MoDOT or the highway construction contractor prior to completing their adjustments. (Examples include: survey staking of right of way or proposed facilities, trees cleared, grading performed, or new structures built).&lt;br /&gt;
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==643.2.18 Service Drops==&lt;br /&gt;
Power and communication services provided by utility owners are necessary for the operation of the highway system. These services may include power to traffic signals, lighting, or ITS devices; power for cathodic protection; or telecommunication services to signal controllers or ITS devices. The project design teams should work with district utilities staff to identify proper locations for the applicable utility owners to provide these services. Various utility owners have different requirements for this process. The district utilities staff is encouraged to develop a workable relationship with the utility owners who provide these services to MoDOT. The costs of installing the services charged by the utility owner are considered a non-contractual item and should be accounted for in the project’s budget in the STIP. The proposed location and method for the service drops should be shown on the roadway plans. District utilities staff should meet with the utility owner’s representative to ensure the proposed location can be accommodated by the utility owner. For electrical service connections, the power supply assembly is ideally located a maximum of ten feet (10’) from the source location. Plans submitted for PS&amp;amp;E should reflect the agreed upon location for all service connections. During construction, district utilities staff and district construction staff should work together to ensure the placement of the services is consistent with the project plans. Payment for the service drops should be invoiced by the utility owner to the district. District utilities staff is responsible for submission of the invoice directly to Financial Services for payment noting the non-contractual charges for the project.&lt;br /&gt;
&lt;br /&gt;
==643.2.19 Buy America Build America for Utilities==&lt;br /&gt;
FHWA’s Buy America Build America (BABA) policies require a domestic manufacturing process for all steel or iron products, other construction materials, and manufactured products that are permanently incorporated into Federal-Aid Highway construction projects, including products and materials used for adjustments to utility facilities to allow highway construction. These guidelines are for all federally reimbursable transportation projects where FHWA is the lead federal agency; it does not take precedence over projects where Federal Transit Administration or the Federal Railroad Administration is deemed the be the lead federal agency.&lt;br /&gt;
&lt;br /&gt;
===643.2.19.1 Program Requirements for Utilities===&lt;br /&gt;
All MoDOT projects are federal-aid projects, and therefore, all reimbursable utility adjustments are required to follow the provisions of BABA. More information on MoDOT’s BABA policy and procedures can be found in [[106.9_Buy_America_Requirement|EPG 106.9 Buy America Requirement]]. Specifically, utility owners should be aware of the following procedures for determining applicability of the EPG 106.9 requirements to reimbursable utility adjustments necessary to allow highway construction:&lt;br /&gt;
* BABA does not apply when materials are relocated from one location to another within the project limits.&lt;br /&gt;
* BABA does not apply for materials necessary for temporary utility adjustments assuming materials are removed from the right of way upon completion of the utility adjustment to allow highway construction.&lt;br /&gt;
* Non-reimbursable work must be kept separate from reimbursable work (agreements, permits, etc.) in order to not be subject to BABA.&lt;br /&gt;
&lt;br /&gt;
===643.2.19.2 Certification Requirements for Utilities===&lt;br /&gt;
Utility owners have the option of choosing either to self-certify BABA compliance or provide vendor/manufacturer certification to MoDOT. The method of certification is chosen by the utility owner and is documented in either the MRUA or the project specific agreement. Regardless of agreement type or certification method, the utility owner must be compliant with BABA requirements.&lt;br /&gt;
&lt;br /&gt;
====643.2.19.2.1 BABA Utility Owner Self-Certification====&lt;br /&gt;
If a utility owner chooses to self-certify BABA compliance, the utility owner is not required to provide MoDOT copies of the supplier certification as part of the project documentation or with the final invoice for any reimbursable utility adjustment necessary to allow highway construction. Retention of all documents should be as described in the agreement.&lt;br /&gt;
&lt;br /&gt;
====643.2.19.2.2 BABA Vendor/Manufacturer Certification====&lt;br /&gt;
If a utility owner chooses to use vendor/manufacturer certification, the utility owner will supply MoDOT BABA compliance from all vendors and/or manufacturers. Certification from vendors will be signed by an authorized representative of the vendor on company letterhead or other acceptable documentation and will declare that all supplied materials subject to BABA requirements are fully compliant. Certification from iron or steel manufacturers must be in the form of a mill test report (MTF) issued and signed by the initial fabricator stating the materials subject to BABA were melted and manufactured in the United States. Other written statements on company letter or other acceptable documentation signed by an authorized representative of the manufacturer for any additional treatment to the fabricated material (such as blasting, galvanizing, painting, or coating) will state that all treatment processes occurred in the United States according to FWA guidelines. Retention of all documents should be as described in the agreement. Manufacturer certification for manufactured products or construction materials will state that all materials were sourced from the United States and were fabricated in the United States. Retention of all documents should be as described in the agreement.&lt;br /&gt;
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&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643.3 Reserved for Future Use &#039;&#039;PAGE TITLE&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;&lt;br /&gt;
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&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643.4 Railroads (NO CHANGE) &#039;&#039;PAGE TITLE&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;&lt;br /&gt;
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==236.5.12 Excess Land Conveyances &amp;amp; Relinquishments - Utilities==&lt;br /&gt;
All conveyances and relinquishments of Commission-owned property shall be evaluated for the existence of any utility facilities located within the areas to be conveyed or relinquished. A conveyance or relinquishment of Commission-owned property may have implications to the utility facilities, and the utility owners, when the Commission no longer controls the property. It is important to maintain the continuity of utility facilities for the general public; therefore, to identify and minimize potential impacts, MoDOT shall involve utility owners in the conveyance and relinquishment processes.&lt;br /&gt;
&lt;br /&gt;
===236.5.12.1 Excess Land Conveyances Utilities===&lt;br /&gt;
MoDOT shall only recommend that a property be declared excess upon satisfactorily addressing the utility impacts. Whether MoDOT or an external party initiates the conveyance of excess property, utility impacts shall be adequately addressed by using one of the following methods: &lt;br /&gt;
:1. Each utility facility will be relocated by permit into a new utility corridor retained by the Commission.&lt;br /&gt;
:2. Each utility facility will remain in place with the benefit of a non-exclusive permanent utility easement.&lt;br /&gt;
::&#039;&#039;If the Commission holds fee simple title to the property, the Commission shall convey a non-exclusive permanent utility easement to each utility owner&#039;&#039;.&lt;br /&gt;
::&#039;&#039;If the Commission holds a less than fee simple title interest in the property, MoDOT shall facilitate the conveyance of a non-exclusive permanent utility easement from the party acquiring the property to each utility owner&#039;&#039;.&lt;br /&gt;
:3. Each utility facility will be relocated to another portion of the property being conveyed.&lt;br /&gt;
::&#039;&#039;If the Commission holds fee simple title to the property, the Commission shall convey a non-exclusive permanent utility easement to each utility owner&#039;&#039;. &lt;br /&gt;
::&#039;&#039;If the Commission holds a less than fee simple title interest in the property, MoDOT shall facilitate the conveyance of a non-exclusive permanent utility easement from the party acquiring the property to each utility owner&#039;&#039;.&lt;br /&gt;
:4. Each utility facility will be relocated onto a portion of the property already owned by the party acquiring the Commission-owned property, with the benefit of a non-exclusive permanent easement. (MoDOT shall facilitate the conveyance of a non-exclusive permanent utility easement from the party acquiring the property to each utility owner.)&lt;br /&gt;
:5. A three-party negotiated settlement taking into consideration the overall value of the proposed transaction.&lt;br /&gt;
:6. Additional options to address utility impacts may be utilized with approval from the Asst. to the State Design Engineer - Right of Way.&lt;br /&gt;
&lt;br /&gt;
===236.5.12.2 Road Relinquishment Utilities===&lt;br /&gt;
MoDOT shall only recommend the relinquishment of roadways through the [[236.14 Change in Route Status Report|Change in Route Status Report]] upon satisfactorily addressing the impacts to utility facilities. If the roadway will be relinquished to a local public transportation authority, with the intent that it continues to be used as a public roadway, a clause similar to the following shall be included in the deed from the Commission to the local public transportation authority:&lt;br /&gt;
:&#039;&#039;&amp;quot;Grantee, by acceptance of this conveyance, covenants and agrees for itself, its successors and assigns, to allow known or unknown utility facilities currently located on the property, whether of record or not, to remain on the property, and to grant the current and subsequent owners of those facilities the right to maintain, construct and reconstruct the facilities and their appurtenances over, under, and across the land herein conveyed, along with the right of ingress and egress across the land herein conveyed to and from those utilities.&amp;quot;&#039;&#039; &lt;br /&gt;
&lt;br /&gt;
Proposed roadway relinquishments to private entities shall be reviewed in a manner consistent with the conveyance of excess property described in [[236.5 Property Management#236.5.3 Asset Management Committee|EPG 236.5.3 Asset Management Committee]].&lt;/div&gt;</summary>
		<author><name>Hoskir</name></author>
	</entry>
	<entry>
		<id>https://epg.modot.org/index.php?title=User:Hoskir/Revision_Request_4225&amp;diff=58866</id>
		<title>User:Hoskir/Revision Request 4225</title>
		<link rel="alternate" type="text/html" href="https://epg.modot.org/index.php?title=User:Hoskir/Revision_Request_4225&amp;diff=58866"/>
		<updated>2026-06-18T20:59:20Z</updated>

		<summary type="html">&lt;p&gt;Hoskir: /* 643.2.11 Pre-Audits */&lt;/p&gt;
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&lt;div&gt;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643 Utility Procedures  &#039;&#039;CATEGORY&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt; &lt;br /&gt;
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| &#039;&#039;&#039;&amp;lt;center&amp;gt;&amp;lt;u&amp;gt;Additional Resources&amp;lt;/u&amp;gt;&amp;lt;/center&amp;gt;&#039;&#039;&#039;&lt;br /&gt;
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| ● [https://www.ecfr.gov/current/title-23/chapter-I/subchapter-G/part-64523 CFR 645]&lt;br /&gt;
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| ● [https://www.sos.mo.gov/cmsimages/adrules/csr/current/7csr/7c10-3.pdf7 CSR 10-30]&lt;br /&gt;
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&#039;&#039;&#039;Utility Accommodation Policy:&#039;&#039;&#039; State DOTs are required to develop policies and procedures pertaining to the use, accommodation, and/or relocation of public and private utility facilities on highway rights-of way using Federal-aid highway funds. State DOTs are required to develop, maintain, and obtain FHWA approval of their Utility Accommodation Policy (UAP) (23 CFR section 645.215). This EPG article 643 and subarticles 643.1 through 643.3 are Missouri Department of Transportation (MoDOT)’s Utility Accommodation Policy. Text in EPG 643 consolidates various federal and state statutes and rules into a single, cohesive, workable policy to outline processes for MoDOT staff and utility owners.&lt;br /&gt;
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&#039;&#039;&#039;Delegation of Work:&#039;&#039;&#039; Each MoDOT district is responsible for ensuring implementation of the UAP outlined in the subsequent EPG articles. Each district can create its own organization for whom is responsible for the work including between divisions and job titles. Work responsibilities within this article and subarticles are generic where possible. If a specific title is included, that title has sole responsibility for that item of work.&lt;br /&gt;
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&#039;&#039;&#039;643 documents not being used&#039;&#039;&#039;&lt;br /&gt;
[[media:144 Major Highway System 2022.pdf|major routes]]&lt;br /&gt;
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&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643.1 Utility Location  &#039;&#039;PAGE TITLE&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt; &lt;br /&gt;
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The information in this article provides a uniform system for regulating the location, construction, maintenance, removal, and relocation of utility facilities on the right of way of roadways located on the state highway system. It also provides for the facilitation of construction and maintenance of these roadways. Any location or relocation of utility facilities contrary to this information is an interference with the construction, maintenance, or operation of a state highway and its right of way and is prohibited.&lt;br /&gt;
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==643.1.1 Permits==&lt;br /&gt;
All utility owners are required to obtain a permit to work on Missouri Highway and Transportation Commission (Commission) right of way. A permit is required for original installation of the utility facility, on-going maintenance of the utility facility, or adjustments to a utility facility necessary to allow highway construction. Per [[127.29_Stormwater#127.29.4.3_MCM_3:_Illicit_Discharge_Detection_and_Elimination_(IDDE)_Program|EPG 127.29.4.3]], discharges of anything other than stormwater are not permitted. A deposit or bond is required to ensure completion of the work in accordance with the permit issued. An [https://www.modot.org/permits application for a permit] may be made on established forms specifically stating the nature of the work to be performed. Applications for permits may be obtained at any of the [https://www.modot.mo.gov/ seven (7) district highway offices] of the Commission, [https://www.modot.mo.gov/ MoDOT&#039;s website], or by requesting it from the office of the Missouri Highways and Transportation Commission in Jefferson City, Missouri. The application for a permit will specifically state the nature of the work to be performed, what specific type of utility facility is to be installed, and, if necessary, the timeframe of any temporary use. Piping of any type of sewage or waste will only be allowed providing any permitting by a regulatory agency, such as Missouri Department of Natural Resources, can be provided. Prior to obtaining a permit through MoDOT’s permit system, a utility owner will be required to provide a bond to ensure satisfactory work and complete a TR50 Electronic Signature Agreement with the Commission. The name of the utility owner must match on the bond, TR50, and in the permit system. More information on permitting can be found in [[:Category:941_Permits_and_Access_Requests|EPG 941]].&lt;br /&gt;
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===643.1.1.1 Emergency Work===&lt;br /&gt;
When emergency operations work is necessary, the damaged utility facility may be accessed immediately and without a permit by leaving the pavement at such points as may be necessary to effect emergency repairs, provided immediate notice is given to the Missouri State Highway Patrol and the district utilities staff for the district wherein the work will be performed, and a permit for emergency operations is requested immediately upon discovery of the need for emergency operations. A permit for emergency operations work is to be obtained as soon as practical, but in no event later than two (2) working days after the emergency operations work has commenced. Emergency operations include, but are not limited to, unplanned work in response to utility facilities being so damaged as to constitute an emergency situation directly affecting or endangering traffic on the highway or public health or safety.&lt;br /&gt;
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===643.1.1.2 Third-Party Inspection===&lt;br /&gt;
When a utility owner has a large number of projects in a given area or projects involving great complexity, MoDOT reserves the right to limit the number of permits open at any given time. With approval of the district utilities staff, a utility owner may hire a third-party inspector, at their cost. The third-party inspector will allow the utility owner to increase the number of permits open at any given time. The responsibility of the third-party inspector will be to ensure the installation of the utility facility proceeds in a manner consistent with the plans approved in the permit, including all work zone requirements and conformity with MoDOT’s Standards and Specifications. The MoDOT approved third-party inspector will be listed in the permit. MoDOT may audit third-party inspections and revoke the right to use third-party inspections should the inspectors fail to perform their duties.&lt;br /&gt;
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===643.1.1.3 Abandoned Utility Facilities===&lt;br /&gt;
All utility facilities installed in Commission right of way are the property of the utility owner whether the utility facility is active or inactive. MoDOT may allow a utility facility to remain on Commission right of way whether the utility facility was abandoned for a MoDOT project or at the utility owner’s discretion. MoDOT may place requirements (such as removing inactive fiber optic cables, grouting pipes, removing valves) on the utility owner as part of the process of abandoning a utility facility. Liability for damage to Commission right of way due to an abandoned facility remains the responsibility of the utility owner. In the event MoDOT requires the removal of the abandoned utility facility, responsibility for the cost of the removal will be determined per [[643.2_Local_Utility_Adjustments_-_Public_and_Private#643.2.8_Preliminary_Engineering_(PE)_Requirements|EPG 643.2.8]].&lt;br /&gt;
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==643.1.2 Definitions==&lt;br /&gt;
&#039;&#039;&#039;Bridge Attachment:&#039;&#039;&#039; A bridge attachment is any utility facility, including communication lines and electrical lines, or any other utility facility of a similar nature that is fastened to a bridge for the purpose of spanning an obstacle.&lt;br /&gt;
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&#039;&#039;&#039;Clear zone:&#039;&#039;&#039; The total roadside border area starting at the edge of the traveled way, available for safe use by errant vehicles. This area may consist of a shoulder, a recoverable slope, a non-recoverable slope, and/or the area at the toe of a non-recoverable slope available for safe use by an errant vehicle. Clear zone dimensions are provided in the current edition of American Association of State Highway Transportation Officials Roadside Design Guide.&lt;br /&gt;
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&#039;&#039;&#039;Ditch Line:&#039;&#039;&#039; A line where the roadway ditch meets the back slope. It is located at the lowest point of a V-bottom ditch or furthest point from the roadway of a flat bottom ditch where the roadway slopes back to the existing ground line.&lt;br /&gt;
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&#039;&#039;&#039;Duct:&#039;&#039;&#039; An enclosed tubular casing, or raceway, for protecting wires, lines, or cables that is often flexible or semi-rigid (1-3% diametric deflection). The casing, or raceway, is separate from the cable or conductor that passes through it.&lt;br /&gt;
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&#039;&#039;&#039;Encasement:&#039;&#039;&#039; The term encasement means the placing of an installation around and outside of an underground facility consisting of a larger conduit that permits the removal and replacement of the facility. An alternate to the conduit type encasement is reinforced concrete poured around the utility facility. Utility owners are allowed to use any types of material as a carrier and encasement for its facilities as expressly provided for in the permit issued for the installation of the utility facility.&lt;br /&gt;
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&#039;&#039;&#039;Freeway:&#039;&#039;&#039; A divided arterial highway with full control of access.&lt;br /&gt;
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&#039;&#039;&#039;Highway:&#039;&#039;&#039; Any public way for vehicular travel, including the entire area within the right of way and related facilities constructed or improved and maintained by the Missouri Highways and Transportation Commission (MHTC) acting through the Missouri Department of Transportation (MoDOT).&lt;br /&gt;
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&#039;&#039;&#039;Interchange Limits:&#039;&#039;&#039; For the uniform handling of utility installations only, the limits of an interchange are the outside ramp curve points. See [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_1_TypicalInterchangeLimits_AOD.pdf EPG Figure 643.1.1] for an example.&lt;br /&gt;
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&#039;&#039;&#039;Interstate System or Other Freeways/Expressways:&#039;&#039;&#039; Interstate highways and highways with fully controlled access.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Major Routes (Interstates, Freeways/Expressways and Principal Arterials):&#039;&#039;&#039; The major highway system is all routes functionally classified as principal arterials. The principal arterial system provides for statewide or interstate movement of traffic. The major roads in Missouri total approximately 5,500 centerline miles.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Minor Routes:&#039;&#039;&#039; The minor highway system is all routes functionally classified as minor arterials or collectors. These routes mainly serve local transportation needs. The minor roads in Missouri total approximately 28,400 centerline miles.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Normal Right of Way Line:&#039;&#039;&#039; An imaginary line that connects sudden breaks in the major right of way points for roadways. Sight distance right of way points (triangles) at roadway intersections are not to be considered as sudden breaks for determining normal right of way.&lt;br /&gt;
[[File:fig_643.1.2-06_2026.jpg|none|700px|thumb|Figure 643.1.2 Normal Right of Way Line.]]&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Private Lines:&#039;&#039;&#039; Privately owned utility facilities which convey or transmit the commodities outlined in the definition of utility facility of this section but devoted exclusively to private use.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Scenic Enhancement Areas:&#039;&#039;&#039; Scenic enhancement areas include areas acquired or so designated as scenic strips, overlooks, rest areas, recreation areas, and the right of way of adjacent roadways and the right of way of roadways that pass through public parks and historic sites as described under 23 USC 138.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Utility Corridor:&#039;&#039;&#039; An area established for the placement of utility facilities parallel to the normal right of way line.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Utility Facility:&#039;&#039;&#039; Privately, publicly, or cooperatively owned line, facility, or system for producing, transmitting, or distributing communications, cable television, power, electricity, light, heat, gas, oil, crude products, water, steam, waste, storm water not connected with highway drainage or any other similar commodity, including any fire or police signal system or street lighting system which directly or indirectly serves the public and does not include privately owned facilities devoted exclusively to private use. The term &amp;quot;utility facility&amp;quot; includes those facilities used solely by the utility owner that are a part of its operating plant.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Utility Owner:&#039;&#039;&#039; The utility owner is the utility company, inclusive of any wholly owned or controlled subsidiary, or city or county which owns utility facilities. The term also includes those government agencies that lease a utility facility for its own use or otherwise dedicated solely to governmental use.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Variance:&#039;&#039;&#039; A one- (1-) time deviation from the requirements for location or relocation of utility facilities on the right of way of highways in the state highway system as established in [https://www.sos.mo.gov/cmsimages/adrules/csr/current/7csr/7c10-3.pdf Title 7 Code of State Regulations 10-3], requested by the utility, and approved by a MoDOT District Design Engineer.&lt;br /&gt;
&lt;br /&gt;
==643.1.3 Location of Utility Facilities==&lt;br /&gt;
Utility facilities paralleling the roadway should be installed in the utility corridor except as outlined below. The utility corridor is the space for all utility owners generally within six feet (6’) of the normal right of way line. When considering if the current utility corridor is available to expand from six feet (6’) to as much as twelve feet (12’), MoDOT determines if the expansion is warranted. In making the determination, MoDOT will consider the existing utilization of the original six feet (6’) corridor. Poles must remain within two feet (2’) of the normal right of way line unless approved by a variance. The utility corridor will only be expanded beyond six feet (6’) if the original six feet (6’) corridor is fully utilized and additional space would be required to accommodate additional utility facilities. Acquisition of additional right of way to establish a twelve feet (12’) corridor is not required on highway construction projects. For depths for underground utility facilities, see [[#643.1.4.1_Minimum_Cover_for_Underground_Facilities|EPG 643.1.4.1]].&lt;br /&gt;
&lt;br /&gt;
Utility facilities crossing the roadway should be installed as close to ninety degrees (90°) to the centerline of the roadway as possible and based on the guidelines below depending on the type of roadway. See [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_3_TypicalUtilityCorridor-InterchangeatMajorRoute_AOD.pdf EPG Figure 643.1.3] and [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_4_TypicalUtilityCorridor-InterchangeatMinorRoute_AOD.pdf EPG Figure 643.1.4] for typical utility corridors around interchanges.&lt;br /&gt;
&lt;br /&gt;
===643.1.3.1 Interstate System or Other Major Freeways/Expressways===&lt;br /&gt;
The installation of all utility facilities on highways of the Interstate System or other major freeways/expressways with fully controlled access are to be installed, serviced, and maintained without entering or leaving the roadway and ramps except at points approved by MoDOT for that purpose and without parking any equipment or storing materials upon the medians, roadway and ramps, or shoulders of the roadways. Cutting or damaging the pavement or paved shoulders is not permitted. New service connections to existing parallel utility facilities are to be permitted only where an outer roadway exists and then only where access is permitted by the Commission. Careful consideration will be given to the location of guys, anchors, braces, and other supports. Generally, good design practice will provide that appurtenances be located at right of way jogs, along intersecting road right of way, or at other similar acceptable locations, so that encroachment is held to an absolute minimum.&lt;br /&gt;
&lt;br /&gt;
No utility facilities will be permitted within the interchange limits of an interchange between fully limited access highways where planned or existing. Utility facilities within the interchange limits of an interchange with a non-access controlled highway will be permitted only along the minor road, provided that all construction, service, and maintenance can be performed from the minor road. Manholes and poles must be located beyond the ramp termini.&lt;br /&gt;
&lt;br /&gt;
For structures carrying or over interstates or other major freeways/expressways, see [[#643.1.5_Bridge_Attachment_Policy|EPG 643.1.5]].&lt;br /&gt;
&lt;br /&gt;
====643.1.3.1.1 Utility Facilities Crossing the Interstate or Other Major Freeways/Expressways====&lt;br /&gt;
=====643.1.3.1.1.1 Overhead Crossings of the Interstate or Other Major Freeways/Expressways=====&lt;br /&gt;
Overhead crossings of utility facilities are permitted only for power transmission and distribution lines and for multiple circuit communication lines where an underground installation is not economically feasible. Supports for existing utility facilities crossing overhead may remain on the right of way provided they are near the right of way line regardless of the presence of an outer road. Supports for new overhead utility facilities crossing overhead may be located on the right of way near the right of way line where an outer roadway exists and are to be located off the right of way where no outer roadway exists. Overhead service crossings are only permitted in isolated cases for residential or commercial establishments when the denial of the crossing would require construction of more than 1,200 feet (1,200’) of utility line to provide the service. Main or distribution line crossings are required to serve a general area other than isolated cases.&lt;br /&gt;
&lt;br /&gt;
=====643.1.3.1.1.2 Underground Crossings of the Interstate or Other Major Freeways/Expressways=====&lt;br /&gt;
Underground crossings of utility facilities are to be continuously encased under the pavement, medians, ramps, and shoulders with the casing extending to the toe of the fill slopes or to the ditch line. In curbed sections, encasement should extend outside the outer curb of the roadways a distance equal to the depth of the encasement at the curb line. Where installed by open trench through unpaved areas, detector tape should be placed approximately one foot (1&#039;) above the encasement. Where an interstate or other major freeway has a parallel outer roadway, encasement should be continuous under all roadways within the right of way.&lt;br /&gt;
&lt;br /&gt;
Manholes or vent pipes are to be located at the right of way line or adjacent to the outer roadway.&lt;br /&gt;
&lt;br /&gt;
For fiber optic cable, encasement should extend from within six feet (6&#039;) of one right of way line to within six feet (6&#039;) of the other right of way line.&lt;br /&gt;
&lt;br /&gt;
Exceptions may be made for encasement as listed in [[#643.1.4.2_Exceptions_to_Encasement|EPG 643.1.4.2]].&lt;br /&gt;
&lt;br /&gt;
=====643.1.3.1.1.3 Parallel Installations along the Interstate or Other Major Freeways/Expressways=====&lt;br /&gt;
New parallel installations on the right of way may be permitted only where an outer roadway exists, provided that poles are within two feet (2&#039;) of the normal right of way line and underground utility facilities are within the utility corridor, and provided that the utility facility can be installed and maintained between the outer roadway and the right of way line. Existing overhead or underground utility facilities that parallel an existing roadway which will be incorporated into a completed highway as an outer roadway may remain in place if all maintenance and service can be performed from an outer roadway and the existing location does not interfere with construction, maintenance, or operation of the completed highway. If an existing parallel utility facility needs to be relocated so as to not interfere with the construction, maintenance, or operation of the completed interstate or other major freeway, poles may be located withing five feet (5’) of the right of way line.&lt;br /&gt;
&lt;br /&gt;
Underground utility facilities are expected to be buried within the utility corridor of sight distance triangles (SDTs) at roadway intersections unless granted a variance. Overhead utility facilities may be allowed to span intersecting roadways with SDTs provided the poles, or supports, are located outside the SDT.&lt;br /&gt;
&lt;br /&gt;
=====643.1.3.1.1.4 Sanitary Sewers within the Right of Way of Interstates or Other Major Freeways/Expressways=====&lt;br /&gt;
New installations of sanitary sewers should follow the applicable guidelines for either underground crossings or parallel installations as appropriate. Existing gravity trunk sanitary sewers should be considered individually and removed or left in place contingent upon its age, condition, feasibility of moving, and maintenance access. Encasement of existing trunk sewers left in place may be required for questionable condition, protection during construction, or heavy fills.&lt;br /&gt;
&lt;br /&gt;
Manholes should be relocated to the right of way lines or adjacent to an outer roadway.&lt;br /&gt;
&lt;br /&gt;
===643.1.3.2 Major Routes===&lt;br /&gt;
For structures carrying or over major routes, see [[#643.1.5_Bridge_Attachment_Policy|EPG 643.1.5]].&lt;br /&gt;
&lt;br /&gt;
====643.1.3.2.1 Major Routes with Partially Controlled Access Right of Way====&lt;br /&gt;
The installation of all utility facilities on highways with partially controlled access right of way are to be installed, serviced, and maintained without entering or leaving the roadway and ramps except at points approved by MoDOT for that purpose and without parking any equipment or storing materials upon the medians, roadway and ramps, or shoulders of the roadways. Cutting or damaging the pavement or paved shoulders is not permitted. Equipment or materials stored within the right of way must be protected by longitudinal barrier or be located outside the clear zone. New service connections to existing parallel utility facilities are to be permitted only where granted by the Commission.&lt;br /&gt;
&lt;br /&gt;
No utility facilities will be permitted within the interchange limits of an interchange between fully limited access highways where planned or existing. Utility facilities within the interchange limits of an interchange with a non-access controlled highway will be permitted only along the minor road, provided that all construction, service, and maintenance can be performed from the minor road. Manholes and poles must be located beyond the ramp termini.&lt;br /&gt;
&lt;br /&gt;
====643.1.3.2.2 Major Routes with Normal Access Right of Way====&lt;br /&gt;
All new utility facilities will be installed and maintained without cutting or damaging the pavement or paved shoulders except in the event underlying rock formations or other obstructions are encountered that prevent boring or pushing operations. A variance may be granted for pavement cuts when the need is established. Pavement cuts may only be made by permits issued when it is impractical to otherwise service and maintain the facility. The installation of all utility facilities is to be installed without parking any equipment or storing materials upon the medians, roadway and ramps, or shoulders of the roadways. Equipment or materials stored within the right of way must be protected by longitudinal barrier or be located outside the clear zone.&lt;br /&gt;
&lt;br /&gt;
====643.1.3.2.3 Utility Facilities Crossing Major Routes====&lt;br /&gt;
=====643.1.3.2.3.1 Overhead Crossings of Major Routes=====&lt;br /&gt;
Supports for utility facilities crossing overhead should be located as near the right of way line as possible. For major routes with controlled access right of way, new overhead service crossings may be permitted in isolated cases for residential or commercial establishments where the denial of such crossings would require the construction of more than 1,200 feet (1,200’) of utility line to provide the same service. For major routes with normal access right of way, there is no restriction on the placement of service crossings.&lt;br /&gt;
&lt;br /&gt;
=====643.1.3.2.3.2 Underground Crossings of Major Routes=====&lt;br /&gt;
Underground crossings of utility facilities are to be continuously encased under the pavement, medians, ramps, and shoulders with the casing extending to the toe of the fill slopes or to the ditch line. In curbed sections, encasement should extend outside the outer curb of the roadways a distance equal to the depth of the encasement at the curb line. Where installed by open trench through unpaved areas, detector tape should be placed approximately one foot (1&#039;) above the encasement. Where a major route has a parallel outer roadway, encasement should be continuous under all roadways within the right of way.&lt;br /&gt;
&lt;br /&gt;
Manholes or vent pipes are to be located at the right of way line or adjacent to the outer roadway.&lt;br /&gt;
&lt;br /&gt;
For fiber optic cable, encasement should extend from within six feet (6&#039;) of one right of way line to within six feet (6&#039;) of the other right of way line.&lt;br /&gt;
&lt;br /&gt;
Exceptions may be made for encasement as listed in [[#643.1.4.2_Exceptions_to_Encasement|EPG 643.1.4.2]].&lt;br /&gt;
&lt;br /&gt;
====643.1.3.2.4 Parallel Installations along Major Routes====&lt;br /&gt;
New parallel installations on the right of way may be permitted provided that poles are within two feet (2&#039;) of the normal right of way line and underground utility facilities are within the utility corridor. Existing overhead or underground utility facilities that parallel an existing roadway which will be incorporated into a completed highway may remain in place if all maintenance and service can be performed without entering or leaving the roadway except at approved access points; without parking equipment or storing materials on the median, pavement, ramps, or shoulders; and the existing location does not interfere with construction, maintenance, or operation of the completed highway. If an existing parallel utility facility needs to be relocated so as to not interfere with the construction, maintenance, or operation of the completed highway, poles may be located withing five feet (5’) of the right of way line.&lt;br /&gt;
&lt;br /&gt;
Existing steel pipe transmission and distribution facilities for gaseous petroleum products that parallel an existing roadway that will be incorporated into the completed roadway may be left in place subject to an agreement by the utility owner that maintenance or service and facility expansion will be performed without cutting or damaging the pavement or interfering with the construction, maintenance, and operation of the highway and provided that the facility is cathodically protected against corrosion and meets the applicable material requirements.&lt;br /&gt;
&lt;br /&gt;
Underground utility facilities are expected to be buried within the utility corridor of sight distance triangles (SDTs) at roadway intersections unless granted a variance. Overhead utility facilities may be allowed to span intersecting roadways with SDTs provided the poles, or supports, are located outside the SDT.&lt;br /&gt;
&lt;br /&gt;
====643.1.3.2.5 Sanitary Sewers within the Right of Way of Major Routes====&lt;br /&gt;
New installations of sanitary sewers should follow the applicable guidelines for either underground crossings or parallel installations as appropriate. An existing gravity trunk sanitary sewer should be considered individually and removed or left in place contingent upon its age, condition, feasibility of moving, and maintenance access. If an existing parallel gravity main is left in place within the limits of the paved surface, paved shoulder lines, or curb lines, stub mains as required will be laid between the sewer main and curb or shoulder lines for future service connections in each block. Manholes should be relocated outside the traveled roadway as near the right of way line as practical.&lt;br /&gt;
&lt;br /&gt;
===643.1.3.3 Minor Routes===&lt;br /&gt;
For structures carrying or over minor routes, see [[#643.1.5_Bridge_Attachment_Policy|EPG 643.1.5]].&lt;br /&gt;
&lt;br /&gt;
====643.1.3.3.1 Utility Facilities Crossing Minor Routes====&lt;br /&gt;
=====643.1.3.3.1.1 Overhead Crossings of Minor Routes=====&lt;br /&gt;
Existing overhead crossings that interfere with construction, maintenance, or operation should be relocated with their supports as near the right of way line as is practical. New overhead crossing installations should be located with their supports as near the right of way line as is practical.&lt;br /&gt;
&lt;br /&gt;
=====643.1.3.3.1.2 Underground Crossings of Minor Routes=====&lt;br /&gt;
All new utility facilities should be installed and maintained without cutting or damaging the pavement or paved shoulders. A variance may be granted for pavement cuts when servicing and maintaining the facility by any other methods is impractical. Pavement cuts may only be made by permits issued. Underground crossings of utility facilities are to be continuously encased under the pavement, medians, ramps, and shoulders with the casing extending to the toe of the fill slopes or to the ditch line. In curbed sections, encasement should extend outside the outer curb of the roadways a distance equal to the depth of the encasement at the curb line. Where installed by open trench through unpaved areas, detector tape should be placed approximately one foot (1&#039;) above the encasement.&lt;br /&gt;
&lt;br /&gt;
Manholes or vent pipes are to be located at the right of way line or adjacent to the outer roadway.&lt;br /&gt;
&lt;br /&gt;
For fiber optic cable, encasement should extend from within six feet (6&#039;) of one right of way line to within six feet (6&#039;) of the other right of way line.&lt;br /&gt;
&lt;br /&gt;
Exceptions may be made for encasement as listed in [[#643.1.4.2_Exceptions_to_Encasement|EPG 643.1.4.2]].&lt;br /&gt;
&lt;br /&gt;
====643.1.3.3.2 Parallel Installations along Minor Routes====&lt;br /&gt;
New parallel installations on the right of way may be permitted provided that poles are within two feet (2&#039;) of the normal right of way line and underground utility facilities are within the utility corridor. Existing overhead or underground utility facilities that parallel an existing roadway which will be incorporated into a completed highway may remain in place if all maintenance and service can be performed without entering or leaving the roadway except at approved access points; without parking equipment or storing materials on the median, pavement, ramps, or shoulders; and the existing location does not interfere with construction, maintenance, or operation of the completed highway. If an existing parallel utility facility needs to be relocated so as to not interfere with the construction, maintenance, or operation of the completed highway, poles may be located within five feet (5’) of the right of way line.&lt;br /&gt;
&lt;br /&gt;
Underground utility facilities are expected to be buried within the utility corridor of sight distance triangles (SDTs) at roadway intersections unless granted a variance. Overhead utility facilities may be allowed to span intersecting roadways with SDTs provided the poles, or supports, are located outside the SDT.&lt;br /&gt;
&lt;br /&gt;
====643.1.3.3.3 Sanitary Sewers within the Right of Way of Minor Routes====&lt;br /&gt;
New installations of sanitary sewers should follow the applicable guidelines for either underground crossings or parallel installations as appropriate. An existing gravity trunk sanitary sewer should be considered individually and removed or left in place contingent upon its age, condition, feasibility of moving, and maintenance access. If an existing parallel gravity main is left in place within the limits of the paved surface, paved shoulder lines, or curb lines, stub mains as required will be laid between the sewer main and curb or shoulder lines for future service connections in each block. Manholes should be relocated outside the traveled roadway.&lt;br /&gt;
&lt;br /&gt;
===643.1.3.4 Roundabouts===&lt;br /&gt;
Regardless of roadway type, it is desirable to avoid locating utility facilities and their access points within the circulatory roadway. If possible, utility facilities are located in the legs of the roundabout to allow for future maintenance and access at an isolated leg versus affecting the entire roundabout. See [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_5_TypicalLocationofUtilityFacilitiesnearRoundabouts_AOD.pdf EPG Figure 643.1.5] for an example.&lt;br /&gt;
&lt;br /&gt;
===643.1.3.5 Utility Facilities in Scenic Enhancement Areas===&lt;br /&gt;
All existing utility facilities within the limits of a scenic enhancement area requiring adjustment because of construction or reconstruction will be placed underground or relocated beyond the limits of the scenic enhancement area. No new above ground facilities will be permitted. New underground facilities will be permitted provided they do not extensively alter or impair the appearance of the area.&lt;br /&gt;
&lt;br /&gt;
==643.1.4 Installation of Utility Facilities==&lt;br /&gt;
The following sections provide information on the physical installation of utility facilities within highway right of way.&lt;br /&gt;
&lt;br /&gt;
===643.1.4.1 Minimum Cover for Underground Facilities===&lt;br /&gt;
The minimum cover for new underground utilities is:&lt;br /&gt;
* Forty-two inches (42”) for all water lines (parallel and crossings).&lt;br /&gt;
* Forty-two inches (42”) for fiber optic cable (crossings encased in rigid conduit).&lt;br /&gt;
* Seventy-two inches (72”) for fiber optic cable (crossings encased in polyethylene (PE) pipe).&lt;br /&gt;
* Thirty inches (30”) for direct burial and in trench fiber optic cable (parallel).&lt;br /&gt;
* Twenty-four inches (24”) for all other direct burial copper or coaxial cable, (parallel).&lt;br /&gt;
* Seventy-two inches (72”) for uncased polyethylene (PE) gas pipe crossings under ditches and roadways but thirty inches (30”) elsewhere.&lt;br /&gt;
* Thirty inches (30”) for all other (such as, but not limited to, gravity sewers, forced sewers, and electric) underground utilities (both parallel and crossing).&lt;br /&gt;
&lt;br /&gt;
===643.1.4.2 Exceptions to Encasement===&lt;br /&gt;
Exceptions may be made for encasement as follows:&lt;br /&gt;
* Non-fiber communication or electric cables installed in ducts.&lt;br /&gt;
* Welded steel pipelines carrying gaseous or liquid petroleum products - provided they are cathodically protected against corrosion, triple-coated in accordance with accepted pipeline construction standards, and meet applicable material requirements.&lt;br /&gt;
* Natural gas distribution pipe (nominal six-inch (6”) diameter maximum) of polyethylene (PE) plastic, traceable, installed by a horizontal bore method at a minimum depth of seventy-two inches (72”) under ditches and roadways, constructed in accordance with and meeting applicable material requirements.&lt;br /&gt;
* Gas service connections protected and constructed in accordance with and meeting applicable material requirements.&lt;br /&gt;
* Encasement is not required for new trunk sanitary sewer crossings of vitrified clay, reinforced concrete or cast iron except when installation procedures would produce voids in the roadbed, heavy fills, or installations under pressure.&lt;br /&gt;
&lt;br /&gt;
===643.1.4.3 Above Ground or Ground Level Appurtenances===&lt;br /&gt;
Appurtenances protruding more than four inches (4”) above the ground line should be located outside the clear zone. If no feasible alternative exists and if permitted by a variance, appurtenances may be allowed within the clear zone if they meet breakaway criteria or will be shielded by a traffic barrier. Good design practice will provide that appurtenances be located at right of way jogs, along intersecting road right of way, or at other similar acceptable locations, so that encroachment is held to an absolute minimum. Cables, wires, small diameter pipes, and other such utility appurtenances extending from the surface of the ground should be equipped with covers or guards to improve their visibility. Appurtenances within sidewalks or street level pedestrian access routes are to be in conformance with the Americans with Disabilities Act requirements.&lt;br /&gt;
&lt;br /&gt;
The maximum pull box width perpendicular to the right of way line within the utility corridor is thirty inches (30”).&lt;br /&gt;
&lt;br /&gt;
===643.1.4.4 Overhead Utility Facilities===&lt;br /&gt;
The vertical clearance of new or existing overhead installations will not be less than the current minimum requirements of the National Electric Safety Code, but in no case less than eighteen feet (18’) inclusive of sag above the groundline for electrical facilities. Clearance may be reduced for overhead installations of cable, telephone, or fiber optic facilities.&lt;br /&gt;
A minimum radial clearance of twenty-five feet (25’) is provided from any utility facility to the nearest part of any bridge structure. A minimum radial clearance of ten feet (10’) is provided from the nearest charged electrical line to a MoDOT signal, lighting, ITS, or overhead sign structure.&lt;br /&gt;
&lt;br /&gt;
===643.1.4.5 Approved Materials===&lt;br /&gt;
Utility owners are allowed to use any material for underground utility facilities including carrier and encasement provided they accept responsibility for any future repairs and/or replacement of damaged MoDOT facilities should a failure occur. This will allow the use of current technology and procedures to provide the best value to its subscribers and the taxpayers of Missouri. For materials that MoDOT also uses in its highway system, utility owners must provide materials that meet the current [https://www.modot.org/missouri-standard-specifications-highway-construction Missouri Standard Specifications for Highway Construction]. For materials not listed in the Missouri Standard Specifications for Highway Construction, the utility owner should provide documentation of the standards used to determine suitability of the material.&lt;br /&gt;
&lt;br /&gt;
===643.1.4.6 Cutting===&lt;br /&gt;
In the event permission is granted to cut an existing concrete or asphalt pavement or sidewalk, the appropriate provisions below should be followed.&lt;br /&gt;
&lt;br /&gt;
====643.1.4.6.1 Pavement====&lt;br /&gt;
All pavement cuts should be made with a saw to the full depth of the pavement. The width of the cut is typically determined by the width of the trench plus a minimum one foot (1’) on each side of the trench. In the event the distance to any adjacent longitudinal or transverse joint or crack is less than four feet (4’), the pavement must be removed to the joint or crack. Cuts for perpendicular service tie-ins should be a minimum of three feet (3’) wide. Longitudinal main installations are typically cut at a minimum of half the lane width, but in no instance should the cut be along the wheel path of the lane.&lt;br /&gt;
[[File:fig_643.1.6-06_2026.jpg|800px|none|thumb|Figure 643.1.6 Pavement Repair Dimension Requirements.]]&lt;br /&gt;
&lt;br /&gt;
The utility facilities should be placed in a location with the least impact to the roadway. Typically, this leads to placement in the shoulder when available followed by the two-way left turn lane (TWLTL), and then outside lanes before allowing placement in interior through lanes. Lane switching should be kept to a minimum and should not be used to minimize repair sizes. Cuts for mains or service leads that may not be perpendicular to the roadway should be squared-off.&lt;br /&gt;
&lt;br /&gt;
Replacement of cut pavement should be full depth concrete in accordance with the current version at the time of installation of Section 613.10 Full Depth Pavement Repairs of the Missouri Standard Specifications for Highway Construction and the Missouri Standard Plans for Highway Construction. If the area of the pavement repair is not to be fully resurfaced all joints including the overcut from the sawing operation should be filled with an expansive mortar, epoxy, polyester, or joint material as approved by the Engineer in accordance with Section 1057 of the Missouri Standard Specifications for Highway Construction.&lt;br /&gt;
&lt;br /&gt;
====643.1.4.6.2 Pedestrian Access Routes====&lt;br /&gt;
All cuts in the pedestrian access routes whether asphalt or concrete should be made by saw and be the full depth of the material. Entire slabs of concrete sidewalk should be removed. Repair of the pedestrian access route must meet Americans with Disability Act requirements, see [[:Category:642_Pedestrian_Facilities|EPG 642]]. Cuts through curb ramps or detectable warning areas are not permitted. Rather the entire curb ramp or detectable warning area must be removed and replaced. MoDOT district ADA contacts can help ensure ADA compliance of impacted pedestrian access routes.&lt;br /&gt;
&lt;br /&gt;
===643.1.4.7 Non-disturbance Areas===&lt;br /&gt;
MoDOT has certain areas of right of way where mowing, spraying, digging, or other vegetation disturbance activities are restricted. These areas have been established to mitigate the environmental impacts of a previous project and should be avoided. If the areas cannot be avoided, contact MoDOT’s Environmental Section.&lt;br /&gt;
&lt;br /&gt;
==643.1.5 Bridge Attachment Policy==&lt;br /&gt;
No utility facility will be permitted in or on a structure carrying an interstate or other freeway unless it is part of a federal requirement or for MoDOT’s use. When the structure carries any other road type and no other practical means exists for the crossing, wires (communication, electrical, fiber, or metal) will be permitted. Electrical lines must be located to cause minimum exposure to MoDOT maintenance personnel and the public. Pressurized pipelines for gas or other petroleum products and water and all sewer lines are prohibited on all structures due to the risks associated with their failure.&lt;br /&gt;
&lt;br /&gt;
===643.1.5.1 Agreement===&lt;br /&gt;
An agreement is required for all utility facilities attached to any structure. A charge will be made for the increased maintenance costs involved. This fee is set by the Bridge Division. When permitted, a 50-year occupational agreement is executed with the utility owner. Agreement BR04 Utility Attachment Agreement is used when an attachment is added to a bridge during its construction. Agreement BR09 Bridge Attachment Agreement is used when an attachment is added to an existing bridge.&lt;br /&gt;
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===643.1.5.2 Requests===&lt;br /&gt;
Requests to attach facilities to structures is a multi-step process. Bridge Division is responsible for approval of the bridge attachment. If at any point in the process, Bridge Division determines the attachment to be unacceptable, a reason is to be provided.&lt;br /&gt;
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To start, the utility owner submits a conceptual request to the district utilities staff. The conceptual request consists of an explanation of the proposal; a general location sketch (i.e., which side of the bridge); and details on the facility, length, and weight per foot when full. The district utilities staff should work with all relevant district personnel including the District Bridge Engineer in reviewing and recommending the attachment. The district utilities staff will submit the recommended details to the Bridge Division to determine the applicable costs including future maintenance costs and for attachments to new bridges, design and construction. Once the Bridge Division has determined the cost, the district utilities staff shares the cost with the utility owner for their concurrence with furthering the process. For new bridges, if the utility owner concurs with the costs, the district utility staff will prepare the BR04 Agreement for execution by the utility owner and the Commission. MoDOT will be responsible for the design and construction of attachments to new bridges. For existing bridges, the district utilities staff will forward the applicable as-built bridge plans to the utility owner for its use in designing the bridge attachment. The utility owner will provide detailed design drawings, signed and sealed by a professional engineer in the State of Missouri, to the district utilities staff for review. The district utilities staff should work with all relevant district personnel, including the District Bridge Engineer, in reviewing and recommending the details of the attachment to the Bridge Division. Once Bridge Division approves, the Bridge Division will prepare the BR09 Agreement for execution by the utility owner and the Commission. The utility owner is responsible for the construction of attachments to existing bridges. A flow chart, [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_7_BridgeAttachementProcess_AOD.pdf EPG Figure 643.1.7], of the process is available.&lt;br /&gt;
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Payment from the utility owner for the attachment will be sent to Financial Services by district utilities staff. For BR04 agreements, district utilities staff should discuss with Financial Services how to get the payment credited to the project constructing the attachment. For BR09 agreements, district utilities staff should copy Bridge Division on correspondence with Financial Serves. Checks should be made payable to Director of Revenue, Credit State Road Fund.&lt;br /&gt;
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For requests from government entities such as cities, counties, and other municipalities, the requested information should be submitted to Bridge Division as described above. However, the district utilities staff will take the lead in preparing the DE10 County Agreement or DE11 Municipal Agreement, as applicable, with input from Bridge Division and Bridge Maintenance. All fees are waived for government entities.&lt;br /&gt;
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===643.1.5.3 Considerations===&lt;br /&gt;
The following considerations are made in determining the acceptability of a bridge attachment. Unique situations will be discussed with the Bridge Division as required.&lt;br /&gt;
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====643.1.5.3.1 Bridge Asset Management Program====&lt;br /&gt;
Requests for bridge attachments should be reviewed for consistency with the district’s upcoming bridge asset management program needs. If a structure is due for rehabilitation or replacement in the near future, information should be provided to the utility owner indicating existing remaining life of the bridge. In some instances, it may be in MoDOT’s best interest to deny the request for attachment outright. In some instances, the utility owner may still choose to pursue the short-term attachment to the existing structure. In almost all cases, the utility owner is responsible for the cost of removing and/or relocating their utility facilities for a necessary repair, widening, improvement or reconstruction of the structure. Review existing agreements for cost responsibility for current attachments.&lt;br /&gt;
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====643.1.5.3.2 Aesthetics====&lt;br /&gt;
In reviewing a request for a bridge attachment, how the structure is viewed by the public will be considered. For example, is the structure over a scenic stream that is extensively used by canoeists, or does the structure span a road that may provide access to a park, campgrounds, or boat launching facilities? Is the structure a grade separation where the motoring public will see the attachment before they pass under it?&lt;br /&gt;
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====643.1.5.3.3 Method of Attachment====&lt;br /&gt;
In order to maintain structural integrity of any structures the following requirements will apply for attachments.&lt;br /&gt;
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=====643.1.5.3.3.1 Welding=====&lt;br /&gt;
Welding of hardware to structural steel members (i.e., flanges, webs, stiffeners, and diaphragms) whether in tension or compression is not permitted.&lt;br /&gt;
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=====643.1.5.3.3.2 Drilling=====&lt;br /&gt;
Drilling holes in any structural steel member is not permitted. Drilling holes for anchors into any prestressed concrete member is not permitted. Although permitted, drilling holes for anchors into the underside of bridge decks must be done with caution. It is recommended all anchors be installed to miss deck reinforcing steel. Generally, drilling into decks will not be allowed where sonotubes were used (voided slab bridges). The depth of the holes should be such that breaking out of the concrete on the top side of the deck does not occur.&lt;br /&gt;
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=====643.1.5.3.3.3 Corrosion=====&lt;br /&gt;
Attachment hardware will be new, properly coated to prevent corrosion or be of a non-corrosive material, and be designed to support the facility.&lt;br /&gt;
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====643.1.5.3.4 Location====&lt;br /&gt;
In general, attachments are made on the underneath side of the bridge deck. The condition of the bridge deck will dictate the location of the attachment supports. An exception may be attachments to trusses or other overhead structures.&lt;br /&gt;
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Attachments that may require manholes in bridge decks are not allowed.&lt;br /&gt;
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When attachments are required to structures over streams that may carry large drifts, they must be attached to the downstream side of the structure and above the lowest superstructure element. It is preferred to locate the attachment on the outside of the exterior girder. If aesthetics are a concern, a better appearance can be achieved by having the attachment made to the inside of the exterior girder and above the bottom of the lower flange to hide the conduit and the attaching hardware.&lt;br /&gt;
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Placement of utilities must not prevent the removal of old paint, the application of new paint on superstructure steel, or cause debris buildup, which could cause structural deterioration.&lt;br /&gt;
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====643.1.5.3.5 Construction and Maintenance====&lt;br /&gt;
If the attachment cannot be built while maintaining one (1) lane of traffic on the structure, it will not be allowed.&lt;br /&gt;
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Construction procedures that severely impact traffic may factor into the allowable location of the attachment on the structure.&lt;br /&gt;
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When scaffolding is to be attached or supported by bridge rails, bridge superstructure, or bridge substructure, the procedures for construction of the attachment must be reviewed.&lt;br /&gt;
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The utility owner or local entity will pay for, or be responsible for, the painting of the attachment, if necessary, when the bridge requires painting.&lt;br /&gt;
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==643.1.6 Private Lines==&lt;br /&gt;
Private lines are permitted to cross the right of way of a highway in the same manner as outlined for all utility facilities in above sections of this article. Parallel installations along the right of way of a highway are not permitted. Special conditions at a specific location that make adherence to this policy impractical will be submitted to the Chief Engineer for consideration of an acceptable alternative. In certain situations, it may be necessary to obtain approval from the Federal Highway Administration (FHWA) before approval to use the alternative can be given to the private utility owner.&lt;br /&gt;
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==643.1.7 Water and Sewer Separations==&lt;br /&gt;
The Missouri Department of Natural Resources (MoDNR) Safe Drinking Water Commission via 10 CSR 60-10 and Clean Water Commission via 10 CSR 20-8 govern the design of water and sewer lines in the vicinity of one another. Basic criteria are outlined below for information, and details are contained within the regulations. MoDOT is not responsible for providing or acquiring adequate right of way for utility owners to comply with MoDNR requirements.&lt;br /&gt;
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===643.1.7.1 Water and Sewer Separations===&lt;br /&gt;
====643.1.7.1.1 Horizontal====&lt;br /&gt;
Sanitary and storm sewers are to be laid at least ten feet (10’) horizontally measured from outside edge to outside edge from any existing or proposed water main. In cases where it is not practical to maintain ten feet (10’) of separation, installation of the water main closer to the sewer is acceptable where the water main is installed in a separate trench or on an undisturbed earth shelf located on one (1) side of the sewer at an elevation so the bottom of the water main is at least eighteen inches (18”) above the top of the sewer.&lt;br /&gt;
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===643.1.7.2 Crossings===&lt;br /&gt;
Water mains are to be laid to provide a minimum vertical distance of eighteen inches (18”) vertically measured outside edge to edge from sanitary or storm sewers. This is the case whether the water main is above or below the sewer. One (1) full length of water pipe must be located so both joints will be as far from the sanitary or storm sewer line as possible. Special structural support for the water main or sanitary or sewer main may be required.&lt;br /&gt;
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===643.1.7.3 Exception===&lt;br /&gt;
When it is impossible to obtain proper horizontal and vertical separation as stipulated, the sewer will be designed and constructed equal to water pipe and will be pressure-tested to assure it is watertight prior to backfilling.&lt;br /&gt;
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===643.1.7.4 Water Supply Interconnections===&lt;br /&gt;
No physical connection is permitted between a public or private potable water supply system and any sanitary or storm sewer or appurtenance that would permit the passage of any sewage or polluted water into the water supply. No water pipe is permitted to pass through or come in contact with any part of a sanitary sewer manhole.&lt;br /&gt;
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===643.1.7.5 Water Works Structures===&lt;br /&gt;
Sewers are not permitted to be installed within fifty feet (50’) in any direction from any existing or proposed public water supply well or other water supply sources or structures.&lt;br /&gt;
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==643.1.8 Variances==&lt;br /&gt;
Occasionally, it is impractical to locate a utility facility in accordance with requirements outlined in this article. MoDOT may consider a utility owner’s request for a variance from these requirements on a case-by-case basis. The utility owner should complete a [https://epg.modot.org/forms/general_files/DE/UtilityVarianceApprovalForm.docx Utility Variance Approval Form] to be submitted to MoDOT for consideration. Variances on the Interstate System require approval of the Federal Highway Administration (FHWA). A flow chart, [https://epg.modot.org/forms/general_files/DE/xx.pdf EPG Figure 643.1.8], of the variance process is available.&lt;br /&gt;
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A variance will not be permitted just for the convenience of the utility owner. The utility owner requesting a variance must provide all necessary information to properly evaluate if a variance should be approved. For example, a utility owner requesting a variance because “the utility corridor is full” must explore all reasonable options. It is suggested that the requestor pothole the existing utility corridor to confirm the location of existing utility facilities and provide that data to support the need to locate outside of the utility corridor due to its congestion.&lt;br /&gt;
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===643.1.8.1 Variance Process===&lt;br /&gt;
Any utility owner of a public utility facility may apply for a variance. The process for requesting a variance is as follows:&lt;br /&gt;
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====643.1.8.1.1 Submittal Requirements====&lt;br /&gt;
Utility owners submit to the district utilities staff a written request for a variance using the [https://epg.modot.org/forms/general_files/DE/UtilityVarianceApprovalForm.docx Utility Variance Approval Form]. The utility owner must clearly show the provision(s) or guideline(s) for which the variance is being requested; the condition(s) which the utility owner believes warrant(s) the granting of a variance; a thorough explanation of the reason(s) for the requested variance, including sufficient and appropriate documentation of safety, aesthetic, or constructability constraints that would be adverse to the function, access, or maintenance of the utility facility and not in the best interest of the public.&lt;br /&gt;
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====643.1.8.1.2 MoDOT Consideration of Variance Request====&lt;br /&gt;
The utility owner bears full responsibility for demonstrating to MoDOT’s satisfaction that the variance is the most appropriate way to serve the public interest. MoDOT may present to the utility owner and the utility owner must consider reasonable alternatives to the variance requested by the utility owner. In determining whether to grant a variance, district utilities staff will consider all relevant factors including, but not limited to: the requested variance is reasonably necessary for the convenience, safety, health, and/or welfare of the public; there is an exceptional or undue burden or hardship on the specific applicant; a physical impracticability that would result from the applicant’s adherence to the normal location requirements; and the requested variance will not impair the safe construction, maintenance, operation, and safety of public travel on the highway. District utilities staff may consult with the Design Liaison Engineer in evaluating variances.&lt;br /&gt;
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====643.1.8.1.3 Approval of Variances====&lt;br /&gt;
Once district utilities staff have agreed to accept a variance proposed by the utility owner, the [https://epg.modot.org/forms/general_files/DE/UtilityVarianceApprovalForm.docx Utility Variance Approval Form] and all supporting documentation is sent to the District Design Engineer (DDE) for approval. If a variance is on interstate right of way, the DDE-signed Variance Request Form and all supporting documentation is forwarded to the Design Liaison Engineer who will forward to FHWA for their concurrence.&lt;br /&gt;
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====643.1.8.1.4 Variance Appeal Informal Hearing====&lt;br /&gt;
If denied a variance, the utility owner has thirty (30) calendar days to request an informal hearing for the purpose of appealing the denial. Requests must be made in writing to the State Design Engineer, Missouri Department of Transportation, P.O. Box 270, Jefferson City, MO 65102. If the utility owner requests an informal hearing, MoDOT’s authorized representative will advise the applicant of the time, date, and place of the hearing. The hearing is not a contested case under RSMo 536. The rules of evidence will not apply at the hearing, and MoDOT’s decision after the conduct of the hearing is not subject to further appeal.&lt;br /&gt;
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==643.1.9 Excess Right of Way==&lt;br /&gt;
Prior to conveyance of excess right of way, the status of utility facilities within said parcel must be addressed. See [[236.5_Property_Management#236.5.12_Excess_Land_Conveyances_&amp;amp;_Relinquishments_–_Regulated_Utilities|EPG 236.5.12]].&lt;br /&gt;
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==643.1.10 Broadband==&lt;br /&gt;
Broadband development in the state of Missouri is handled by the Department of Economic Development (DED). MoDOT shares its approved Statewide Transportation Improvement Program (STIP) project list with DED. All MoDOT policies related to placement of utility facilities within Commission right of way as outlined in this EPG article 643.1 are to be followed.&lt;br /&gt;
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https://epg.modot.org/files/5/55/643.1_Utility_Status_Letter.doc&lt;br /&gt;
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&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643.2 Utilities in Program Delivery &#039;&#039;PAGE TITLE&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt; &lt;br /&gt;
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==643.2.1 Introduction==&lt;br /&gt;
Improvements to the highway system often require negotiation between the Commission and a city, a county, or a public or private utility owner. The Commission’s district utilities staff is responsible for coordination of highway improvement projects with the utility owner’s representative. The impact to a utility, the responsibility for the cost of adjustments necessary to allow highway construction, the plan of adjustment of the utility, the responsibility of performance of work on utility facilities, and the schedule of the utility adjustment are all items that vary depending on the project and should be investigated and negotiated to ensure highway improvement projects are delivered on-time and on-budget. These should comply with Commission policy. A flowchart [link here] outlining all the utility adjustment processes (reimbursable and non-reimbursable relocations, Master Reimbursable Utility Agreements and Project Specific Agreements, etc.) are available in the list of figures at the top of the page. These processes will not always be in combination, but each should be considered with each project.&lt;br /&gt;
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The district utilities staff, in conjunction with the Transportation Project Manager (TPM), is expected to invite and encourage participation of utility owner representatives in MoDOT project meetings as needed.&lt;br /&gt;
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When a project involves utility adjustments for which the Commission is responsible for costs, the TPM should program the costs of the utility adjustments as non-contractual construction costs in the STIP Information Management System (SIMS).&lt;br /&gt;
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==643.2.2 Annual Utility Meeting==&lt;br /&gt;
Each district should hold an annual meeting with utilities to discuss current STIP projects in the district. The annual meeting should be held during each year&#039;s STIP preparations, ideally between January and May. All utility owners that have utility facilities in the district should be invited. The intent is to provide the utility owners with an idea of upcoming projects to allow them the opportunity to plan and budget for potential adjustments of their utility facilities, identify both MoDOT and utility roadblocks, and develop action plans to complete utility adjustments better, faster, and cheaper.&lt;br /&gt;
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==643.2.3 Determination of Existing Utilities==&lt;br /&gt;
District utilities staff should determine the appropriate level of effort needed to accurately identify existing utilities within the footprint of a proposed highway construction project. Aboveground utilities are easily identifiable via field checks; however, determination of the precise location of underground utilities can be more challenging and time consuming. Therefore, the district utilities staff should balance the risk of conflict with the highway construction project against the level of effort needed to determine the location.&lt;br /&gt;
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The level of effort on mapping utilities is dependent on the scope of the project and the potential for utilities having an impact on the construction of the project. The project schedule should include the time to complete this task accurately. The time and effort necessary for having accurate locates requires close interaction with the utility locators. Early contact with utility owner representatives may be necessary to accurately locate underground utility facilities.&lt;br /&gt;
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Various methods of determining existing underground utilities result in different levels of quality. ASCE Standard 38 Standard Guidance for Investigating and Documenting Existing Utilities classifies four levels of quality:&lt;br /&gt;
:1. Quality Level D: QL-D is the most basic level of information for utility locations. It comes solely from existing utility records or verbal recollections, both typically unreliable sources. It may provide an overall &amp;quot;feel&amp;quot; for the congestion of utilities but is often highly limited in terms of comprehensiveness and accuracy. QL-D is useful primarily for project planning and route selection activities.&amp;lt;br&amp;gt;&lt;br /&gt;
: Missouri 811 or “private-locate” markings are to be considered to be QL-D.&lt;br /&gt;
:2. Quality Level C: QL-C is probably the most used level of information. It involves surveying visible utility facilities (e.g., manholes, valve boxes, etc.) and correlating this information with existing utility records (QL-D information). When using this information, it is not unusual to find that many underground utilities have been either omitted or erroneously plotted. Therefore, its usefulness is primarily on rural projects where utilities are not prevalent or are not too expensive to repair or relocate.&lt;br /&gt;
:3. Quality Level B: QL-B involves the application of appropriate surface geophysical methods to determine the existence and horizontal position of virtually all utilities within the project limits. This activity is called &amp;quot;designating&amp;quot;. The information obtained in this manner is surveyed to project control. It addresses problems caused by inaccurate utility records, abandoned or unrecorded utility facilities, and lost references. The proper selection and application of surface geophysical techniques for achieving QL-B data is critical. Information provided by QL-B can enable the accomplishment of preliminary engineering goals. Decisions regarding location of storm drainage systems, footers, foundations, and other design features can be made to avoid conflicts with existing utilities. Slight adjustments in design can produce substantial cost savings by eliminating utility relocations.&lt;br /&gt;
:4. Quality Level A: QL-A, also known as &amp;quot;locating or potholing&amp;quot;, is the highest level of accuracy presently available and involves the full use of the subsurface utility engineering services. It provides information for the precise plan and profile mapping of underground utilities through the nondestructive exposure of underground utilities, and provides the type, size, condition, material, and other characteristics of underground features.&lt;br /&gt;
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For projects with scopes that have potential for utility conflicts, the minimum level of effort required is SUE Quality Level D. Locations of existing utilities are determined by requesting locates through Missouri 811, also known as the “One-Call” process. Missouri 811 locating requests should be carefully considered for the scope of work of the project. When necessary, the location of existing utilities should be established by a field survey of locate markings and features and shown on the roadway plans. Higher level SUE Quality Levels can be used on any project. Adjustment cost savings, whether to the MoDOT or to the utility owner, are beneficial to the taxpayer. Good SUE projects are typically urban in nature, or in congested areas, where the project footprint is to be minimized, or anytime accurate vertical and horizontal location of the utility facility might allow a design to avoid the utility facility thus preventing the need for the adjustment. The SUE process combines civil engineering, surveying, and geophysics. It utilizes several technologies, including vacuum excavation and surface geophysics.&lt;br /&gt;
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When proposed excavation or installation of subsurface features (drainage, equipment bases, etc.) falls within three feet (3’) of a marked Missouri 811 line, soft digging (hand digging, potholing, vacuum methods, pressurized air/water jetting, pneumatic hand tools, etc.) is required to more exactly locate the utility facility both horizontally and vertically. Utility facilities present within the right of way by permit, should be investigated by the utility owner. Utility facilities that would be reimbursable or partially reimbursable as defined in EP 643.2.8 will be investigated by MoDOT.&lt;br /&gt;
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==643.2.4 Conflict Determination==&lt;br /&gt;
Determination of whether a conflict exists between an existing utility facility and a proposed highway improvement project should occur at the earliest possible stage of project development. A conflict may be the result of the physical interaction between the roadway infrastructure and utility facility, a reduction in cover or increase in fill over underground utilities, a reduction in horizontal clearance whether above or below ground, a reduction in overhead vertical clearance, paving over utilities, or restricting a utility owner’s access to its utility facilities. District utilities staff should work with utilities to determine if a conflict exists and the appropriate plan of adjustment to remedy the conflict. The adjustment to the utility may be a relocation or another measure that protects the utility or access to the utility from the proposed highway improvement project. Determination of a conflict needs to be continually re-evaluated as the project design progresses. Continuing coordination is essential.&lt;br /&gt;
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==643.2.5 Utility Plan of Adjustment==&lt;br /&gt;
===643.2.5.1 Request for Plan of Adjustment===&lt;br /&gt;
District utilities staff will request a plan of adjustment from utility owners whose utility facilities are in conflict with a proposed highway project. The plan of adjustment may consist of efforts to relocate the utility or otherwise protect a utility from the impacts of the proposed highway project. Utilities are shown on the roadway plan and profiles sheets that are furnished to utility owners for use in planning required utility adjustments. Any other sheets such as drainage, traffic signal, lighting, or ITS plans that show impacts to a utility facility should also be provided to the utility owners. All adjustments, reimbursable or not, require a plan of adjustment furnished by the utility owner.&lt;br /&gt;
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A transmittal letter is included in the request for a plan of adjustment. The letter informs the utility owner that regardless of whether an adjustment is reimbursable, no physical adjusting or relocating of their utility facilities to accommodate the proposed highway improvement is to be performed without specific approval and authorization. Additionally, if any part of the adjustment has the potential to be reimbursable, they are advised:&lt;br /&gt;
# They may undertake preliminary engineering by their own forces upon approval by district utilities staff of the estimated costs of preliminary engineering.&lt;br /&gt;
# They may employ a consultant to do the PE work provided they request and obtain prior approval. See [[#643.2.6_Preliminary_Engineering_Requirements|EPG 643.2.6 Preliminary Engineering Requirements]].&lt;br /&gt;
# Any preliminary engineering costs accrued prior to the date of written authorization to proceed will not qualify for reimbursement.&lt;br /&gt;
# Replacement right of way or easements cannot be purchased without specific approval and authorization.&lt;br /&gt;
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===643.2.5.2 Proposed Plan of Adjustment===&lt;br /&gt;
Developing a plan of adjustment is a multi-step process. The utility owner will propose a conceptual approach to adjusting the utility facilities to allow highway construction. This conceptual approach is used as the basis for determining cost responsibility, estimate of costs for preliminary engineering and construction, developing the agreement if necessary, and final design of the adjustment. Negotiations between district utility staff and the utility owner’s representative can result in changes to the design throughout the process.&lt;br /&gt;
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Final plans of adjustment must contain a legend on the first sheet identifying the utility symbols used. They must also show the existing utility facilities and their disposition, the location of the new or adjusted utility facilities, the existing and new right of way lines, the limited or fully controlled access symbols (where applicable), the existing and proposed roadways, ramps, and outer roadways and any other pertinent roadway information. They must contain sufficient details concerning location, elevation, compaction, clean up, etc. to provide for the proper adjustment of the utility facility. Relocated and/or existing utility facilities that will remain in place must be dimensioned or indicated in a manner to show their location in respect to the right of way lines. It is preferred that the utility owner transmits the plan of adjustment by electronic deliverables in a format that can be incorporated into the roadway plans. This will reduce the time and effort necessary as well as increase the accuracy of transferring this information into the roadway plans.&lt;br /&gt;
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Plans of adjustment received from the utility owner are to be checked for compliance with MoDOT’s requirements ([[#643.1_Utilities_Location|EPG 643.1 Utility Location]]) by the district utilities staff. They are also checked to ensure compatibility with the roadway design. Any continuing conflicts are resolved through negotiations with the utility owner.&lt;br /&gt;
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Occasionally, it is impractical to perform a utility adjustment in accordance with MoDOT’s requirements. Sometimes the utility may request approval of a plan of adjustment that does not conform to these requirements. Deviation from MoDOT’s utility requirements is a variance. Refer to [[#643.1.8_Variances|643.1.8 Variance Process]] for additional guidance.&lt;br /&gt;
The final plan of adjustment is included as Exhibit “A” to the agreement ([[#643.2.12_Utility_Agreements|EPG 643.2.12 Agreements]]).&lt;br /&gt;
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==643.2.6 Preliminary Engineering Requirements==&lt;br /&gt;
Preliminary engineering (PE) can be performed one of four ways for utility adjustments:&lt;br /&gt;
# The utility owner can use its own engineering forces.&lt;br /&gt;
# MoDOT can select an engineering consultant, after consultation with the utility owner, and the consultant contract will be administered by MoDOT.&lt;br /&gt;
# The utility owner can select an engineering consultant, with approval by MoDOT, and the consultant contract will be administered by the utility owner.&lt;br /&gt;
# If a utility adjustment is being included in a MoDOT administered construction contract, the preliminary engineering of the adjustment can be provided by MoDOT.&lt;br /&gt;
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For reimbursable utility adjustments, the amount paid to engineers, architects, and others for required engineering and allied services can be included in reimbursement amount provided such amounts are not based on a percentage of the costs of the necessary adjustments to allow highway construction. Reimbursement is available for contracts executed after solicitation of a consultant for the specific adjustment or existing continuing contracts when it is demonstrated that such work is performed regularly for the utility owner in its own work and that the costs are reasonable.&lt;br /&gt;
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A [https://epg.modot.org/forms/general_files/DE/UtilityConsultantContractChecklist.docx checklist is available for reviewing consultant-engineering contracts] to ensure the contract conforms to MoDOT policy and complies with applicable federal regulations. District utilities staff should use the checklist to review contracts and may consult with Audits and Investigations Division as necessary. The procedures in 23 CFR part 172, Administration of Engineering and Design Related Service Contracts may be used as a guide for reviewing proposed consultant contracts. [[:LPA:136.4_Consultant_Selection_and_Consultant_Contract_Management|EPG 136.4 Consultant Selection and Consultant Contract Management]] may also be used as a guide.&lt;br /&gt;
&lt;br /&gt;
===643.2.6.1 Solicited Consultant Contracts===&lt;br /&gt;
If solicitation of PE services is required for reimbursable utility adjustments, the utility owner must provide the following documents and information to district utilities staff. These documents need to be provided as soon as the utility owner has chosen to solicit a consultant. Document 1 must be supplied by all utility owners. Documents 2 and 3 are only required when the utility owner is a local government agency who is also a political subdivision of the state of Missouri (e.g., city-owned utilities, county-owned utilities). All other utility owners are encouraged, but not required, to provide Documents 2 and 3:&lt;br /&gt;
# A statement that the utility owner is not staffed or able to perform the required PE services with its own forces.&lt;br /&gt;
# Provide the names of at least three (3) consultants considered.&lt;br /&gt;
# The criteria used to evaluate each consultant and reasons why the selected consultant was selected.&lt;br /&gt;
&lt;br /&gt;
The following documents need to be provided as soon as the utility owner has successfully negotiated and entered into a contract with the consultant:&lt;br /&gt;
# The name and address of the selected consultant.&lt;br /&gt;
# A statement that the &amp;quot;[https://epg.modot.org/forms/general_files/DE/CertificationOfConsultant.docx Certification of Consultant]&amp;quot; will be furnished immediately upon award of the contract to the consultant.&lt;br /&gt;
# One executed copy of the proposed engineering contract or agreement between the utility owner and consultant, only if the engineering will exceed $5,000.00.&lt;br /&gt;
# The consultant&#039;s fixed (lump sum) or estimated fee (actual cost) and the contract maximum.&lt;br /&gt;
# A cost summary providing a detailed breakdown of the basis for the consultant&#039;s compensation, including estimated labor hours, hourly rates for each classification, overhead rate (if used), the amount of profit charged, and any other estimated charges such as travel expenses, equipment rentals, etc. If an overhead rate is used, the consultant must also submit the supporting overhead rate calculations.&lt;br /&gt;
# An independent cost estimate of engineering services provided by the utility owner to use in comparison to the consultant’s proposed engineering services to check for cost reasonableness.&lt;br /&gt;
&lt;br /&gt;
===643.2.6.2 Continuing Consultant Contracts===&lt;br /&gt;
When a utility owner chooses to use an existing continuing contract for PE services, the utility owner must provide the following documents and information to the district utilities staff as soon as possible.&lt;br /&gt;
# A statement that the utility owner is not staffed or able to perform the engineering with its own forces.&lt;br /&gt;
# The name and address of the consultant under the existing continuing contract.&lt;br /&gt;
# A statement that the &amp;quot;[https://epg.modot.org/forms/general_files/DE/CertificationOfConsultant.docx Certification of Consultant&amp;quot;&amp;quot; will be furnished.&lt;br /&gt;
# A copy of the continuing contract to the district utilities staff. The district utilities staff will review the contract for reasonableness of cost.&lt;br /&gt;
# The consultant&#039;s fixed (lump sum) or estimated fee (actual cost) and the contract maximum for the work associated with the utility adjustment.&lt;br /&gt;
# A cost summary providing a detailed breakdown of the basis for the consultant&#039;s compensation, including estimated labor hours, hourly rates for each classification, overhead rate (if used), the amount of profit charged, and any other estimated charges such as travel expenses, telephone, etc. If an overhead rate is used, the consultant must also submit the supporting overhead rate calculations.&lt;br /&gt;
# An independent cost estimate of engineering services provided by the utility owner to use in comparison to the consultant’s proposed engineering services to check for cost reasonableness.&lt;br /&gt;
&lt;br /&gt;
===643.2.6.3 Consultant Contract Changes===&lt;br /&gt;
If a PE services contract between a utility owner and a consultant needs to be revised, a copy of the revised contract, fee, and schedule should be submitted by the utility owner to the district utilities staff prior to allowing for contract changes. District utilities staff should review the contract changes to ensure the revised contract conforms to MoDOT policy and complies with applicable federal regulations.&lt;br /&gt;
&lt;br /&gt;
==643.2.7 Environmental and Right of Way==&lt;br /&gt;
===643.2.7.1 Utilities and Environmental Clearances===&lt;br /&gt;
District utilities staff should coordinate with the TPM and utility owner’s representative to understand and communicate on known environmental and cultural constraints that could impact a utility owner’s plan of adjustment. This will allow the utility owner to consider permitting timelines and alternatives that avoid environmental or cultural resources to keep the project on schedule.&lt;br /&gt;
&lt;br /&gt;
One strategy to make project delivery more efficient and ensure regulatory compliance is for MoDOT to obtain the environmental and cultural resource permits and clearances for the utility owners associated with a roadway improvement while obtaining its own. This would generally only be for the permits and regulatory clearances MoDOT already needs to pursue as a part of the transportation improvement.&lt;br /&gt;
&lt;br /&gt;
District utilities staff should coordinate with the utility owner’s representative early in the project timeline to determine if it is in the best interest of both MoDOT and the utility owner to obtain permits and environmental clearances jointly. The following strategies can be utilized to determine if a joint approach to environmental work should be pursued:&lt;br /&gt;
* If utility facilities are moving to a location within or immediately adjacent to MoDOT right of way, a utility owner may be invited to participate in permitting and environmental compliance activities.&lt;br /&gt;
* If utilities move to a location not within or adjacent to MoDOT right of way, the utility company would not normally be invited to participate in permit applications and environmental compliance activities. However, some unique projects may necessitate further attention and should be discussed with the Design Liaison Engineer.&lt;br /&gt;
&lt;br /&gt;
If MoDOT and the utility owner agree to obtain joint permits and clearances, written communication between the utility owner’s representative and the district utilities staff should document the following items:&lt;br /&gt;
* List of the permits and clearances that MoDOT will acquire on behalf of the utility owner.&lt;br /&gt;
* List of the information needed from the utility owner in order for MoDOT to acquire the permits and clearances.&lt;br /&gt;
* Schedule and deadlines for submittal of the information by the utility owner. For example: utility plans, fill quantities, construction methods, dates, or seasons of construction.&lt;br /&gt;
&lt;br /&gt;
Permits and clearances that may be needed by both a utility owner and MoDOT include:&lt;br /&gt;
* [[127.7_Threatened_and_Endangered_Species|Endangered Species Act consultation and clearance]]&lt;br /&gt;
* [[127.2_Historic_Preservation_and_Cultural_Resources#127.2.1.1_Historic_Preservation_Regulations_and_Laws|Section 106 of the National Historic Preservation Act clearance]]&lt;br /&gt;
* [[127.10_Section_4(f)_Public_Lands|Section 4(f) clearance]]&lt;br /&gt;
* [[127.10_Section_4(f)_Public_Lands#127.10.1.4_Section_6(f)_Laws_and_Regulations|Section 6(f) of the Land and Water Conservation Fund Act clearance]]&lt;br /&gt;
* [[127.4_Wetlands_and_Streams|Section 401 and Section 404 of the Clean Water Act permits]]&lt;br /&gt;
* [[:Category:806_Pollution,_Erosion_and_Sediment_Control#806.1_Introduction_(see_Sec._806)|Section 402 of the Clean Water Act permit (State Operating Permit for Erosion Control)]]&lt;br /&gt;
* [[127.8_Hazardous_and_Solid_Waste|Recommendations on contaminated soil disposition]]&lt;br /&gt;
&lt;br /&gt;
===643.2.7.2 Right of Way Acquisition and Utilities===&lt;br /&gt;
The Commission is obligated to acquire the width of right of way required by the design of the highway improvement. For utility facilities currently located within the Commission’s right of way, this includes the necessary space for the utility facilities impacted by the design of the highway improvement. Either additional right of way width to accommodate a utility corridor or a utility easement can be obtained for the relocation of utility facilities. When drainage easements are acquired along a channel, additional space for utility facilities should be considered to avoid conflicts between the utility facility and the bridge or culvert.&lt;br /&gt;
&lt;br /&gt;
District utilities staff should inform the utility owner’s representative of the potential of a conflict between an existing utility facility and a proposed highway construction project early in the project development process to allow sufficient time for the utility owner to prepare a plan of adjustment and notify the district utilities staff of any easement needs. When utility facilities are located on a utility owner’s private easement, the utility owner may obtain its own new easements. If the utility owner is not in a position to negotiate for new easements or if the utility owner’s policies will not permit it to condemn property to obtain the easement, MoDOT can acquire the easement in the same manner roadway right of way is obtained. The district utilities staff should verify the utility owner is aware of the opportunity to have MoDOT acquire the easement, and the utility owner should provide written documentation on whether the utility owner would like to pursue this option with MoDOT.&lt;br /&gt;
&lt;br /&gt;
For situations where the utility owner will obtain its own replacement right of way and the cost of the adjustment is MoDOT’s responsibility, the utility right of way cost should be reviewed by the district right of way department to ensure the cost is reasonable and acquisition followed state and federal regulations. In order to expedite utility adjustments necessary to allow highway construction, the district utility staff may authorize the utility owner to obtain easements prior to all details of a plan of adjustment being developed. In this situation, the district utilities staff should ensure enough details are known to justify the needed right of way, and an agreement for right of way costs only should be executed with the utility owner.&lt;br /&gt;
&lt;br /&gt;
For situations where MoDOT will obtain the right of way necessary to allow highway construction, district utility staff should negotiate with the utility owner’s representative to ensure all necessary utility easements are shown on the approved right of way plans. The TPM should confirm with district utilities staff that the right of way plans accurately reflect the needs of the utility owners prior to requesting right of way plan approval. The district Right of Way Manager should confirm with district utilities staff before requesting an acquisition date (A-date). Every effort should be made to avoid adding utility easement requests once negotiations with property owners have begun.&lt;br /&gt;
&lt;br /&gt;
Occasionally, when negotiations cannot be completed for easements for the adjustment of utility facilities, it may be necessary to condemn for the property. District utilities staff should coordinate with the utility owner’s representative to ensure no alternate design for the adjustment of the utility facility is practical. The decision to condemn for easements for the adjustment of the utility facilities requires the exercise of good judgment in reaching the conclusion that further good faith negotiations are futile and condemnation is necessary to maintain the project in the scheduled letting. The TPM should coordinate with the district utilities staff and district Right of Way (RW) personnel on the condemnation proceedings.&lt;br /&gt;
&lt;br /&gt;
Easement and other right of way documents used with utility owners are handled in accordance with procedures established jointly with RW and district utilities staff. District survey staff prepare the land descriptions for use in utility easements. The district utilities staff is responsible for completion of the easements in the correct form and scope. A sketch delineating the area described is attached to the easement as Exhibit “A”. Communication with the Design Division will ensure use of proper forms, corporate names and locations, and particular wording required for joint ownerships. The description for a utility easement is to be referenced to the nearest land corner shown on the plans. Examples of easements can be found in the template list in [https://netprod3.dot.missouri/eAgreements/Search/QuickSearch eAgreements].&lt;br /&gt;
&lt;br /&gt;
In situations where MoDOT is acquiring right of way with existing utility easements, but the district utilities staff and the utility owner’s representative agree that the utility facility may remain in place, the utility owner will release the property to the Commission separate from the right of way acquisition. This is done by executing an Easement for Highway Construction (UT16). The utility owner grants and conveys, with warranty of title expressed or implied, to the Commission, the right to construct, reconstruct, and maintain a highway over and across that portion of the easement owned and held by the utility owner. In the future, the utility owner retains any reimbursable rights should future projects require adjustments to allow highway construction.&lt;br /&gt;
&lt;br /&gt;
==643.2.8 Cost Responsibility==&lt;br /&gt;
In addition to determining if a conflict exists between an existing utility facility and a highway improvement project, it is important to determine who is responsible for the costs of the necessary adjustments to allow highway construction. An adjustment for which the Commission is responsible for the costs is known as a reimbursable adjustment. An adjustment for which the Commission is not responsible for the costs is known as a non-reimbursable adjustment. An adjustment for which the Commission and the utility share responsibility for costs is known as a partially reimbursable adjustment. Adjustments determined to be reimbursable or partially reimbursable by the Commission are to be completed under the terms of an agreement executed between the utility owner and the Commission.&lt;br /&gt;
&lt;br /&gt;
===643.2.8.1 Commission Responsibility===&lt;br /&gt;
====643.2.8.1.1 Utility Facilities Located on Private Easements====&lt;br /&gt;
When the utility facility is located on a private easement within the new right of way to be acquired for a future project, the Commission is responsible for the cost of the necessary adjustments to allow highway construction. It may be possible that such easement does not have written easement rights. The Commission will honor this oral right provided acceptable documentation is provided by the utility owner to the district utilities staff. An [https://epg.modot.org/forms/general_files/DE/NonwrittenEasementRights_Example.docx example of acceptable documentation for not written easement rights] is available. Other forms of documentation will be considered on an individual basis.&lt;br /&gt;
&lt;br /&gt;
=====643.2.8.1.1.1 Future Moves=====&lt;br /&gt;
When the utility facility is located on a private easement, taken into the Commission’s right of way, the Commission may agree that any future moves of the same utility by Commission order may be made at the Commission’s cost. Documentation of this agreement is by an Easement for Highway Construction (UT16) agreement. If the Commission provides a substitute private easement, then the Commission will have future obligations consistent with the utility facility’s status in an easement.&lt;br /&gt;
&lt;br /&gt;
====643.2.8.1.2 Utility Facilities Located within Commission Right of Way====&lt;br /&gt;
When the utility facility is located within Commission right of way, but has prior land rights, the Commission is responsible for the cost of adjustments to allow highway construction. The utility owner is responsible for documenting to the satisfaction of the district utilities staff, the basis for the claim of prior land rights within Commission right of way. Time spent researching prior rights is considered coordination and is reimbursable.&lt;br /&gt;
&lt;br /&gt;
====643.2.8.1.3 City or County Utility Facilities on City or County Streets====&lt;br /&gt;
When roadway improvements are within the corporate limits of cities, towns, and villages, a municipal agreement is negotiated between the Commission and the municipality. Likewise, when roadway improvements are within the limits of a county and outside the municipal limits, a county agreement is negotiated between the Commission and the County Commission. Included in these agreements are provisions regarding reimbursement for adjusting city or county owned utility facilities. Reimbursement is provided for adjustment of city or county owned utility facilities that are now located on city or county streets and not on Commission right of way.&lt;br /&gt;
&lt;br /&gt;
====643.2.8.1.4 Lumen====&lt;br /&gt;
Lumen – National (formerly CenturyLink, Lightcore, or Digital Telephone, Inc. (DTI)) and the Commission have entered into a partnership agreement, “Amended and Restated Fiber Optic Cable on Freeways in Missouri,” executed June 5, 2003 which obligates the Commission to be responsible for the cost of the necessary adjustments to allow highway construction along the routes identified in the agreement. A copy of the agreement is available to district utilities staff.&lt;br /&gt;
&lt;br /&gt;
====643.2.8.1.5 Services to the Commission====&lt;br /&gt;
When a utility facility provides a service connection to local Commission facilities such as power to traffic signals, lighting, ITS, and cathodic protection and phone drops to traffic signal controllers or other Commission facilities, the Commission is responsible for the cost of the necessary adjustments to allow highway construction.&lt;br /&gt;
&lt;br /&gt;
====643.2.8.1.6 Private Service Lines====&lt;br /&gt;
While most utility owners reconnect the private service lines at no cost to the property owner, some do not. If a utility owner does not reconnect service lines, MoDOT can include adjustment of private service lines in roadway contracts. Bid items for relocating service connections are provided for the different types of anticipated adjustments.&lt;br /&gt;
&lt;br /&gt;
====643.2.8.1.7 Second Moves====&lt;br /&gt;
If the Commission requires additional work to a utility facility after the facility has been relocated or adjusted in accordance with a plan of adjustment approved by the Commission for a single project number, the Commission is responsible for the cost of the additional work regardless of whether the initial adjustment was Commission responsibility as outlined in other parts of [[643.2_Local_Utility_Adjustments_-_Public_and_Private#643.2.8.1_Federalizing_Funds_for_Preliminary_Engineering|643.2.8.1]].&lt;br /&gt;
&lt;br /&gt;
The purpose of the policy is to encourage utilities to relocate early rather than waiting until plans are published for bidding. The policy eliminates the utility having to relocate twice at its own expense because of late changes in the design. It is best to have utilities relocated prior to construction, and this policy helps achieve that goal. Therefore, it is imperative that the designer notifies district utilities staff as soon as possible of any changes made after these plans have been sent. If notified immediately, it may be possible to inform the utility owner prior to their final design thereby eliminating a second move.&lt;br /&gt;
&lt;br /&gt;
Under this policy, the following are not considered second moves. Temporary and staged relocations necessary to accommodate construction and agreed upon by the utility and the Commission prior to relocation are considered a single move and are not subject to the provisions of the second move policy. If the Commission requires adjustment of a utility facility for which the utility owner is responsible for the cost of the adjustment and was originally determined to not need adjustment, the utility owner is responsible for the cost of the adjustment. The utility owner is responsible for the cost of additional work to any portion of the utility facility after the utility facility has been adjusted in accordance with a plan of adjustment approved by the Commission if the additional work is required by the Commission due to error by the utility owner in preparation of plan of adjustment, field location of, or construction of the adjustment of the utility facility.&lt;br /&gt;
&lt;br /&gt;
When evaluating construction contract changes by change order or value engineering, the impacts of the second move policy should be considered.&lt;br /&gt;
&lt;br /&gt;
===643.2.8.2 Utility Owner Responsibility===&lt;br /&gt;
====643.2.8.2.1 Utility Facilities Owned and Operated by a Political Subdivision====&lt;br /&gt;
When a utility facility is located within Commission right of way, but does not have prior land rights, the utility owner is responsible for the cost of the necessary adjustments to allow highway construction. When a utility facility is located on public right of way other than Commission right of way, the utility owner is responsible for the cost of the necessary adjustments to allow highway construction.&lt;br /&gt;
&lt;br /&gt;
When a political subdivision must bear part or all the cost of adjustments to their utility facilities, and the cost creates a financial hardship, the Commission, by its authorized representative, the Chief Engineer, may temporarily assume these costs. A payback agreement with the political subdivision will include an applicable interest rate for a comparable maturity from a widely published index of tax-exempt municipal rates obtained from Financial Services. Payback time will not exceed five (5) years.&lt;br /&gt;
&lt;br /&gt;
====643.2.8.2.2 Utility Facilities Other Than Those Owned by a Political Subdivision====&lt;br /&gt;
When a utility facility is on the right of way of a public road or street or on state highway right of way without prior land rights and adjustment is necessary to allow for the construction of a roadway improvement, the utility owner is responsible for the cost of the necessary adjustments to allow highway construction.&lt;br /&gt;
&lt;br /&gt;
===643.2.8.3 Shared Responsibility===&lt;br /&gt;
When a utility facility is located such that portions of it are a Commission responsibility and portions of it are a utility owner responsibility by the definitions above, the costs of the necessary adjustments to allow highway construction will be split by the Commission and the utility owner. If the exact cost for each party can be determined, each party will be responsible for their portion of the cost of relocating the utility facility. If the exact cost for each party cannot be determined, the parties will arrive at a percentage reimbursement on an equitable basis.&lt;br /&gt;
&lt;br /&gt;
===643.2.8.4 Notice of Hearing===&lt;br /&gt;
When relocation or other difficulties with utility facilities on public right of way arise that prevent resolution by negotiation, formal hearings will be required.&lt;br /&gt;
&lt;br /&gt;
The district initiates a request for a utility relocation hearing with a letter to the Chief Counsel’s Office (CCO) (a copy is provided to the Design Division) requesting a hearing date. CCO will arrange for a hearing room, court reporter, etc. and advise the district of the hearing date.&lt;br /&gt;
&lt;br /&gt;
The district will prepare the notice of hearing by strictly following the given format and serve the notice on all persons and utility owners listed. The property and utility owner must be served only by personal service or by mailing a certified letter, return receipt requested, no later than 15 days before the date of hearing. This will require the district to make every effort to identify the correct property owner before preparing the notice of hearing. To avoid delays, every attempt will be made to issue the hearing notice at least 30 days prior to the hearing date in case any property has changed ownership and any additional property owners must be served. A notice of hearing on service line connections will also be served on the private or public owner of the main or distribution line to which the service lines are connected. A notarized &amp;quot;Report of Personal Service&amp;quot; will be completed when notification by certified mail is not used.&lt;br /&gt;
&lt;br /&gt;
One copy of the hearing notice and attachments, &amp;quot;Report of Personal Service&amp;quot; and certified mail notices are to be submitted to CCO after notification is complete.&lt;br /&gt;
&lt;br /&gt;
Prior to the hearing, the district&#039;s representative will become familiar with the details of the utility adjustment in order to provide concise testimony to expedite the hearing process. CCO will assign an attorney to work with the district and present the case.&lt;br /&gt;
&lt;br /&gt;
Refer to 7 CSR 10-3.030 020 Utility Relocation Hearings for additional information.&lt;br /&gt;
&lt;br /&gt;
A Waiver of Hearing should be obtained for non-reimbursable adjustments to document the commitment of the utility owner to adjust its utility facilities without adversely impacting the highway construction project. This may be accomplished informally via written communications between the district utilities staff and the utility owner’s representative. A [https://epg.modot.org/forms/general_files/DE/WaiverOfHearingForm.docx formal Waiver of Hearing statement] may be requested by either MoDOT or the utility owner. A [https://epg.modot.org/forms/general_files/DE/WaiverOfHearingLetter.docx sample transmittal letter for the Waiver of Hearing] is available. For reimbursable or partially reimbursable adjustments, the formal agreement serves as the basis of documentation of this commitment.&lt;br /&gt;
&lt;br /&gt;
==643.2.9 Estimates==&lt;br /&gt;
District utilities staff will negotiate with utility owners to determine reimbursable costs of the necessary adjustments to allow highway construction ([[#643.2.8_Cost_Responsibility|EPG 643.2.8 Cost Responsibility]]). These estimates are prepared in accordance with the provisions of 23 CFR 645 and any amendment thereto. These estimates must reflect the same procedures and costs used by the utility owners in their normal operations and must also accurately represent the expected costs of the work. The utility owner’s estimate will be reviewed by the district utilities staff to ensure compliance with 23 CFR 645.&lt;br /&gt;
&lt;br /&gt;
===643.2.9.1 Independent Cost Estimate===&lt;br /&gt;
The independent cost estimate provides the basis for district utilities staff to review the utility owner’s estimate of costs of the necessary utility adjustments to allow highway construction and any subsequent negotiations with the utility owner. The district utilities staff should prepare an independent cost estimate. The independent cost estimate may be based on unit prices of anticipated items of work in a utility adjustment necessary to allow highway construction. The independent cost estimate alternately may be based on recent similar types of utility adjustments necessary to allow highway construction and scaled for size. Consultants can be used to develop the independent cost estimate. All documentation of the independent cost estimate should be placed in MoProjects.&lt;br /&gt;
&lt;br /&gt;
===643.2.9.2 Type of Project Cost Estimates===&lt;br /&gt;
Either Actual Cost or Lump Sum estimates may be used for estimating the costs on the necessary utility adjustments to allow highway construction. If an Actual Cost estimate is used, detailed records of materials, labor, and equipment are made by district utilities and/or construction staff during construction, and a final audit of the utility owner’s cost records is made to determine the Commission’s actual responsibility for costs of the adjustment completed to allow highway construction. If a Lump Sum estimate is used, a final audit of costs for an adjustment in payment is not required. The Actual Cost method requires more detailed record keeping and documentation by the utility owner and district staff during construction. The Lump Sum method requires more upfront detail and work by the utility owner and judgment on the district utilities staff on the acceptability of the cost. The district utilities staff will work with the utility owner’s representative to determine the best type of estimate and therefore agreement to use.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.2.1 Actual Cost Estimate====&lt;br /&gt;
The cost estimate that supports the actual cost agreement is prepared in sufficient detail to determine the reasonable expected cost of the work to support development of an agreement between the utility owner and the Commission. However, reimbursement is based on the actual costs of design and construction of the necessary adjustment to allow highway construction. The actual cost estimate should detail all costs of the necessary adjustment to allow highway construction, even if the Commission is only responsible for a portion of the costs as detailed in EPG [[#643.2.8.3_Shared_Responsibility|643.2.8.3 Shared Responsibility]].&lt;br /&gt;
&lt;br /&gt;
Actual cost estimates can be used for any dollar amount of reimbursement.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.2.2 Lump Sum Estimates====&lt;br /&gt;
The cost estimate that supports the lump sum agreement must be accurate, comprehensive, verifiable, and in sufficient detail to present a clear picture of the work involved and the cost of the individual items. The estimate may cover only that portion of the adjustment for which the Commission is responsible for the costs of the necessary utility adjustments to allow highway construction.&lt;br /&gt;
Lump sum estimates are limited to a maximum of $200,000 of Commission responsibility of costs of the necessary utility adjustments to allow highway construction; however, exceptions may be made for special situations that have prior approval from Design Division. These exceptions usually cover major relocations for which the Commission&#039;s proportionate responsibility is extremely small.&lt;br /&gt;
&lt;br /&gt;
===643.2.9.3 Utility Cost Estimate Requirements===&lt;br /&gt;
Whether using an Actual Cost or Lump Sum estimate, the following should be included in the estimate, if applicable. If any of the following sections are not included in the estimate, a qualifying statement as to why the costs were not included should be provided.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.1 Scope of Work====&lt;br /&gt;
All estimates require a concise summary of the work to be performed on the estimate. An example is &amp;quot;an estimate of cost covering the work of relocating Company&#039;s 12-inch Cushing-Woodriver pipeline to accommodate construction of Route 47 in Franklin County on Job No. J6P0172&amp;quot;.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.2 Engineering Costs====&lt;br /&gt;
Costs of engineering, whether preliminary or construction, must be shown as separate items and are not to be included with &amp;quot;labor costs&amp;quot;. Concurrent cost accounting procedures of FHWA and MoDOT make this a necessity. See [[#643.2.6_Preliminary_Engineering_Requirements|EPG 643.2.6 Preliminary Engineering]] and [[#643.2.16.2_Construction_Contract_Requirements|EPG 643.2.16.2 Construction Contract Requirements]] for further information.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.3 Right of Way Costs====&lt;br /&gt;
A detailed estimate of the cost to acquire replacement easements by the utility owner is required. The cost should be supported by a right of way plan.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.4 Material Costs====&lt;br /&gt;
Quantities, description of the item, the unit cost, and the extended totals are shown. Percentage computations will be shown immediately following &amp;quot;total cost&amp;quot; so the utility owner’s and Commission&#039;s cost obligations are properly indicated. Unit assembly costs similar to those used by several of the rural electric association (R.E.A.) cooperatives are acceptable, provided the same units and charges are used in the utility owner’s regular operations. A handling charge conforming with the utility owner’s regular procedures may also be included.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.5 Labor Costs====&lt;br /&gt;
Hours, individual or crew rates, and extended totals are shown. Payroll additives such as insurance, retirement, social security, vacation, and other benefits are shown as a separate item under this heading in accordance with utility owner’s regular procedures. Adequate explanation must be given for total percentage used, especially in those cases where materials and labor are combined as unit costs or where labor percentages include additives and equipment requirements.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.6 Equipment Costs====&lt;br /&gt;
A description of the equipment to be used must be shown jointly with the number of hours to be charged. Rates charged for equipment usage must be justified by the utility owner’s established accounting procedures. When the utility owner does not have an established accounting procedure or a capitalization and depreciation schedule that is used in its own operations, the rates are to be established by using rental rate publications as a guide. A reasonable amount will be deducted, when using rental rate schedules, for profit that the rental company realizes. A full explanation of the methods used in establishing the rates must also be submitted to support the utility owner’s request and with approval of the district utilities staff.&lt;br /&gt;
&lt;br /&gt;
Equipment may be rented when the utility owner’s equipment is not available or is inadequate, with the rental rate justified by appropriate solicitation of bids. See [[#643.2.16.2_Construction_Contract_Requirements||EPG 643.16.2 Construction Contract Requirements]] for further information.&lt;br /&gt;
&lt;br /&gt;
Unusual accounting procedures may be accepted with adequate prior explanations and approval of the Design Division.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.7 Removal Costs====&lt;br /&gt;
These costs are estimated and shown in a similar method but separately from installation costs. When removal costs exceed salvage credits by more than the estimated cost of removal by the roadway contractor, an effort should be made to persuade the utility owner to abandon the utility facilities in place. An exception is made when the utility owner is required to remove abandoned utility facilities because of liability, hazard, or by specific agreement with the Commission. Abandoned utility facilities can be included with the miscellaneous removals in the roadway contract. It may be possible for the utility owner to remove those portions of the utility facility for which credits will exceed removal costs, with the remainder of the utility facility to be abandoned for removal in the roadway contract. Materials removed must be itemized, with the utility owner’s customary salvage credit given. Items to be scrapped or junked should be indicated. Whenever a utility facility or portion thereof is shown to be abandoned on the plan of adjustment, the roadway plans should be notated accordingly. This eliminates ownership problems if these utility facilities are removed or salvaged by the roadway contractor.&lt;br /&gt;
&lt;br /&gt;
When the utility facility is no longer needed and removal is necessary to accommodate the roadway project, the removal of the item may be handled either as a right-of way-item or a utility adjustment. When handled as a right of way item, the damages allowed are to equal the depreciated value of the utility facility, with the necessary removals being accomplished by the roadway contractor. If accomplished as a utility adjustment, the Commission, by utility agreement, will reimburse the utility owner for removal costs and receive salvage credit for the material removed, up to but not exceeding removal costs.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.8 Salvage of Removed Materials====&lt;br /&gt;
This statement, to explain the salvage credit or lack of credit, will reflect routine utility owner policy as well as the particular situation. The utility owner will place a value on any recovered material for salvage. District utilities staff should check this value for reasonableness. Examples of salvage statements include:&lt;br /&gt;
* Existing utility facilities to be abandoned in place, since the cost of salvaging, based on our past experience, will exceed their value.&lt;br /&gt;
* Only those items will be salvaged for which salvage credit will exceed the cost of removal and salvage.&lt;br /&gt;
* Company liability requires removal of the retired utility facilities, even though the cost of removal will exceed allowable credit for salvage.&lt;br /&gt;
* Salvage credits are in accordance with established company accounting procedures.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.9 Accrued Depreciation Credits====&lt;br /&gt;
Credit is required for the accrued depreciation of a utility facility that is being replaced. Examples are a building, structure, pumping station, filtration plant, power plant, substation, or other similar operational unit. Credit for accrued depreciation will not be required for a segment of the utility&#039;s service, distribution, or transmission lines. It is also not required when the building or structure is being moved as necessitated by the highway project. Acceptable accrued depreciation credit will be determined by using the following formula:&lt;br /&gt;
&amp;lt;math&amp;gt;\frac{\text{Actual Length of Service of Replaced Facility (Years)}}{\text{Total Estimated Service Life of Replaced Facility (Years)}} x&amp;lt;/math&amp;gt;&amp;lt;span style=&amp;quot;font-family: &#039;Times New Roman&#039;, Times, serif; font-size: 130%;&amp;quot;&amp;gt; Original Cost ($) = Credit ($)&amp;lt;/span&amp;gt;&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.10 Betterment Credits====&lt;br /&gt;
Betterment means the upgrading of the utility facility being relocated, made solely for the benefit of and at the election of the utility owner and is not attributable to the roadway improvement. Credit to the Commission is required for the additional costs incurred for the betterments introduced in the adjusted utility facility. No betterment credit is required for additions or improvements which are:&lt;br /&gt;
* Required by the highway project&lt;br /&gt;
* Replacement devices or materials that are of equivalent standards although not identical&lt;br /&gt;
* Replacement of devices or materials no longer regularly manufactured with next highest grade or size&lt;br /&gt;
* Required by law under governmental and appropriate regulatory commission code&lt;br /&gt;
* Required by current design practices regularly followed by the utility owner in its own work, and there is a direct benefit to the highway project&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.11 Overhead Costs====&lt;br /&gt;
Overhead costs are usually a percentage of the total labor cost. This item must be in accordance with the utility owner’s established accounting procedures, which in some cases may include handling costs or be a percentage of the total cost of the work involved. Additional attention to overhead costs is required when the rate is different from previously accepted rates. Occasionally, it can be difficult to obtain the necessary information at the time of the estimate to approve the overhead rates. In this situation, the estimate can be approved with exception of the overhead rates for payment. The utility owner is informed of this matter with the understanding that the overhead rates could be approved and paid with submission of appropriate supporting data and Financial Services audit review.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.12 Prorating Costs====&lt;br /&gt;
The need for prorating utility adjustment costs occurs when both the Commission and the utility owner are responsible for a portion of the utility adjustment necessary to allow for highway construction, and the actual costs for reimbursement in each category cannot be explicitly determined. Generally, the following conditions require division of costs:&lt;br /&gt;
* The adjustment is considered partially reimbursable per [[#643.2.8.3_Shared_Responsibility|EPG 643.2.8.3 Shared Responsibility]]&lt;br /&gt;
* Betterments are included in the necessary adjustment of the utility facility&lt;br /&gt;
&lt;br /&gt;
The district utilities staff should negotiate with the utility owner’s representative to determine an equitable basis for the prorating of costs based on the characteristics of the utility adjustment necessary to allow for highway construction.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.13 Costs Records====&lt;br /&gt;
The estimate should include a statement as to where the utility owner’s cost records may be reviewed. An example: &amp;quot;Company cost records will be available in our office at 2134 Industrial Avenue, Tulsa, Oklahoma&amp;quot;.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.14 Other====&lt;br /&gt;
Additional statements will explain or further clarify the work that is included. Such other items may include bypasses, special equipment, need for larger utility facilities, etc.&lt;br /&gt;
&lt;br /&gt;
==643.2.10 Schedule==&lt;br /&gt;
Timely adjustments of utility facilities are essential for efficient completion of highway construction projects. Ideally, all utility adjustments are completed prior to a project’s Plans, Specifications, and Estimate (PS&amp;amp;E) submittal to Central Office. Depending on the specifics of the highway construction and utility adjustment necessary, early completion of the utility adjustment may not be practical. The district utilities staff should negotiate with the utility owner to determine the schedule parameters necessary for the utility adjustment. At a minimum, the utility owner should document the dates it anticipates starting and completing the work. If a utility adjustment depends upon the completion of a portion of the highway construction, the necessary milestone for starting the utility adjustment should be documented along with an anticipated number of working days to complete the utility adjustment. The schedule is included as Exhibit “C” to the agreement.&lt;br /&gt;
&lt;br /&gt;
==643.2.11 Pre-Audits==&lt;br /&gt;
The district utility staff performs a pre-audit review and approval prior to preparation of the agreement. A [https://epg.modot.org/forms/general_files/DE/PreAuditChecklist.docx pre-audit checklist] should be completed and saved in MoProjects.&lt;br /&gt;
&lt;br /&gt;
==643.2.12 Utility Agreements==&lt;br /&gt;
Whenever the Commission is responsible for the cost of the necessary adjustments to allow highway construction, an agreement is required. If a Master Reimbursable Utility Agreement (see EPG 643.2.12.2) has not been executed with the utility owner, a Project Specific Agreement (see EPG 643.2.12.3) is executed between the utility owner and the Commission. In some cases, it may be more practical for the Commission to include adjustment of utilities into a Commission administered contract. A Utility Agreement - Actual Cost (For Utility Work That is to be Included in the Missouri Highways and Transportation Commission&#039;s Road Project) (see EPG 643.2.12.4). Agreements include a plan of adjustment (Exhibit “A”), cost estimate (Exhibit “B”), and schedule (Exhibit “C”).&lt;br /&gt;
&lt;br /&gt;
The Utility Agreement boilerplate forms have been approved by the Chief Counsel’s Office (CCO). They are identified in the upper left-hand corner of each agreement by an identifier such as CCO Form: UT01 for the Master Reimbursable Utility Agreement. CCO updates these agreements as necessary. They serve as a guide in the preparation of the agreement to be executed with the utility owner for the adjustments required to their utility facilities to accommodate the proposed roadway improvement project. District utilities staff should use the latest version of the agreement found in eAgreements in drafting an agreement with utility owners. A list of utility agreements and detailed information concerning the sequence for preparing and executing an agreement is available in EPG 153 Agreements and Contracts.&lt;br /&gt;
&lt;br /&gt;
These forms are to be used word for word. Revisions or additions are only made to address specific project details. The intent of each paragraph must be retained, although specific words may be revised to fit the particular situation. No paragraphs are deleted without prior approval from CCO. For guidance on acceptance of liability, refer to the Acceptance of Liability Policy at the CCO SharePoint page. Drafts of agreements having major revisions or complications are to be submitted, with supporting data, to Design Division for comment and approval.&lt;br /&gt;
&lt;br /&gt;
A reference to 23 CFR 645 is included in all agreements. Utility owners must be acquainted with these requirements and procedures. The incorporation of 23 CFR 645 by reference in all agreements eliminates the need for a second set of regulations to be included in the document.&lt;br /&gt;
&lt;br /&gt;
The agreement for the adjustment of a utility is prepared by the district utilities staff and submitted to the utility owner for execution. The agreement is based on the plan, estimate of cost which was prepared in accordance with 23 CFR 645, and schedule. Authorized individuals representing the utility owner will execute the agreement. The agreement must be signed, sealed, and if necessary, notarized by the utility owner. If the utility owner does not have or use a corporate seal, write &amp;quot;NO SEAL&amp;quot; under the signatures of the owner’s officers. Agreements with political subdivisions are to be supported by an appropriate ordinance, a copy of which is to be submitted with the executed agreements. All copies will be forwarded to the CCO for further handling. A fully executed copy of the agreement will be retained in eAgreements. If the agreement was executed using electronic signatures, the district utilities staff should forward an electronic copy of the fully executed agreement to the utility owner. If the agreement was executed using wet signatures, one (1) paper copy of the fully executed agreement will be returned by the Commission Secretary’s Office to the district utilities staff. The district utilities staff will forward this copy to the utility owner.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.1 Buy America Build America Requirements===&lt;br /&gt;
All agreements contain information on Buy America Build America (BABA) compliance. The utility owner should select the method of certification (See EPG 643.2.19) at the time of agreement completion. The appropriate paragraph will be inserted into the agreement. All BABA compliance documents must be retained by the utility owner and made available upon request at no cost to the Commission and/or FHWA.&lt;br /&gt;
&lt;br /&gt;
====643.2.12.1.1 Utility Owner Self-Certification====&lt;br /&gt;
The City/Company certifies that when determining products/materials subject to Buy America Build America requirements to use in the performance of this Agreement, it shall use only such products/materials for which it has received a certification from its supplier, or provider of construction services that procures the product/material, certifying compliance with Buy America Build America requirements. This does not include products/materials for which waivers have been granted pursuant to 23 CFR 635.410. The City/Company will not be required to provide the Commission copies of the supplier certification as part of this Agreement or with the final invoice of said Commission’s Federal-Aid Highway Construction Project.&lt;br /&gt;
&lt;br /&gt;
====643.2.12.1.2 Vendor/Manufacturer Certification====&lt;br /&gt;
The City/Company certifies that when determining products/materials subject to Buy America Build America requirements to use in the performance of this Agreement, it shall use only such products/materials for which it has received a certification from its supplier, or provider of construction services that procures the product/material, certifying compliance with Buy America Build America requirements. This does not include products/materials for which waivers have been granted pursuant to 23 CFR 635.410. The City/Company shall provide to the Commission all Buy America compliance documents as outlined in the Commission’s Engineering Policy Guide 643. All required compliance documents shall accompany the final invoice submitted to the Commission.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.2 Master Reimbursable Utility Agreements===&lt;br /&gt;
The UT01: Master Reimbursable Utility Agreement (MRUA) is a statewide agreement that has been executed by the utility owner and the Commission for all future reimbursable utility adjustments between both parties. Once a MRUA is executed, no other utility agreements are required on design-bid-build projects. The district utilities staff should encourage utility owners to enter into a MRUA with the Commission to reduce potential future delays in executing a project specific agreement. A list of previously executed Master Reimbursable Utility Agreements is available. District utilities staff should add newly executed agreements to this list. The MRUA can be employed as either an actual cost (EPG 6432.12.3.1) or lump sum (EPG 643.2.12.2.2) agreement. When the reimbursable adjustment will utilize a MRUA, the district utilities staff will prepare a MRUA correspondence letter (“letter agreement”) referencing the executed MRUA. A copy of the MRUA correspondence letter should be saved in MoProjects for reference by Financial Services, the district construction office, and the district staff responsible for inspection of utility adjustments. All project specific items such as type of agreement (actual cost or lump sum), plan of adjustment, estimated total cost, cost allocation, and schedule are addressed in the MRUA correspondence letter from the district utilities staff to the utility owner. A flowchart of the MRUA process is available.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.3 Project Specific Agreements===&lt;br /&gt;
If a utility owner does not have a MRUA with the Commission, a project specific agreement will be required for every project for which the Commission is responsible for the necessary adjustments to allow highway construction. The project specific agreement will be either an actual cost (EPG 643.2.12.3.1) or lump sum (EPG 643.2.12.3.2) agreement.&lt;br /&gt;
&lt;br /&gt;
====643.2.12.3.1 Actual Cost Agreements====&lt;br /&gt;
The UT03: Utility Agreement – Actual Cost is used when detailed estimates are not practical or costs appear to be questionable. Details on actual cost estimates can be found at EPG 643.2.9.2.1 Actual Cost Estimates. Once the final invoice on a UT03 is submitted to Financial Services, district utilities staff should change the status on the agreement in eAgreements to completed.&lt;br /&gt;
&lt;br /&gt;
====643.2.12.3.2 Lump Sum Agreements====&lt;br /&gt;
The UT02: Utility Agreement – Lump Sum eliminates the need for keeping detailed records of cost and the auditing of cost records. Estimates of cost must be prepared in detail for use of this agreement. When detailed estimates are not practical or costs appear unreasonable, actual cost agreements are to be used. Use of special forms of agreements, such as &amp;quot;subordination agreements&amp;quot;, which are desired by certain utility owners, is acceptable. These, too, must be revised to cover the particular situation. Details on lump sum estimates can be found at EPG 643.2.9.2.2 Lump Sum Estimates. Once the final invoice on a UT02 is submitted to Financial Services, district utilities staff should change the status on the agreement in eAgreements to “completed”.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.4 Agreement for Utility Work Included in Roadway Improvement Project===&lt;br /&gt;
The UT04: Utility Agreement - Actual Cost (For Utility Work That is to be Included in the Missouri Highways and Transportation Commission&#039;s Road Project) allows for the adjustment to be based on actual cost with the roadway contractor performing the utility work. Caution should be exercised in the type of utilities to be relocated in roadway contracts. Utilities recommended are waterlines and sewer lines. Other utilities, such as gas lines, communication lines, and power lines are to be studied thoroughly before being included in the project.&lt;br /&gt;
&lt;br /&gt;
The Transportation Project Manager and district utilities staff must plan ahead to get this work in the roadway contract. The utility owner must agree to include the utility adjustment in the roadway contract. The adjustment may be on highway right of way or on private easement in the name of the utility owner. The utility owner can agree to allow MoDOT’s contractor to work in its easement. However, district utilities staff in consultation with district right of way staff should review the easement documentation to verify the utility owner’s rights to the easement and any limitations on its use. MoDOT’s contractor can work and operate on both Commission right of way and on the utility easement, even when not directly connected to the Commission right of way, as part of the job site. Temporary construction easements may be necessary in addition to the utility easement to ensure adequate working room for the contractor.&lt;br /&gt;
&lt;br /&gt;
:The utility owner may request exemption to any liability for negligence of our contractor working on their easement. The Commission can assume that liability (refer to Acceptance of Liability Policy), but it should be included in the utility agreement if so desired by the utility owner. A Job Special Provision is necessary to require the MoDOT contractor to hold the utility harmless from all claims due to contractor negligence.&lt;br /&gt;
&lt;br /&gt;
Subsurface information, i.e. boring data, etc., should be obtained by the utility owner since it may be needed for the design of the utility adjustment. This information should be included in the plans. If the utility owner must bear all or part of the cost of the adjustment, the utility owner must agree to pay a pre-deposit to the Commission prior to opening bids on the project. This should be in the utility agreement. The pre-deposit will be credited to the &amp;quot;Missouri Highway and Transportation Commission - Local Fund.&amp;quot; Any interest earned in the fund will apply to the cost of the adjustments. The utility agreement will include language that the utility will inspect the installation and assume maintenance of the utility facility after construction. MoDOT will also provide engineering supervision to be sure the road contractor is in compliance with the contract. Utility plans and specifications are to be approved by the owner prior to submittal to the Central Office. The following items will provide minimum information to allow MoDOT’s contractor to bid the work.&lt;br /&gt;
# Individual bid items (not &amp;quot;lump sum&amp;quot;) should be established to promote better bidding and to handle overruns and underruns. Bid items not included on the Computer Stored Bid Item list should be &amp;quot;99&amp;quot; numbers.&lt;br /&gt;
# he bid package must be in our letting format. If the package was prepared by a consultant as if the utility owner were going to let it, all bid bond or bidding procedures must be screened to remove requirements contrary to MoDOT letting requirements. District utilities staff should work with the Transportation Project Manager, Design Liaison Engineer, and Central Office Bidding and Contract Services to ensure this requirement is met.&lt;br /&gt;
# The specifications required by the utility owner should be reviewed for items that could cause a bid problem for our contractor. Items such as non-readily available materials or sizes should be avoided.&lt;br /&gt;
# Utility plan sheets should be .pdf files equivalent to 22 in. x 34 in. It is helpful to have a quantity sheet specifically for utility items.&lt;br /&gt;
# Any special procedures required for the utility installation should be included in the Job Special Provisions.&lt;br /&gt;
# The utility package should be submitted on-time to Central Office with other project plans.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.5 Agreement for a Utility Only Project===&lt;br /&gt;
Any of the above agreements can be modified for a utility only project separate from the roadway project. The utility only project may be done by forces hired by the utility owner or by the Commission. A separate utility only project has distinct advantages when the following occurs:&lt;br /&gt;
* The utility work is extensive&lt;br /&gt;
* It must be performed in accordance with the utility owner’s seasonal requirements&lt;br /&gt;
* It extends beyond the limits of the construction project&lt;br /&gt;
* It must be performed considerably in advance of the roadway contract&lt;br /&gt;
&lt;br /&gt;
Necessary environmental and design work is still required for the limits of the separate utility only project. It may be necessary in these cases to have a second agreement with the utility owner to cover any other work that must be performed concurrently with the roadway contract. These latter agreements will use the roadway construction job number. Early need for utility projects is to be determined at the time when the STIP is updated each year. The utility construction funds will be shown in the year right of way funds are assigned. This will be done whenever possible to secure early adjustment of utility facilities. A request by the district is sent to the Planning Division. Estimated dollar amounts for utility adjustments are needed. These are estimates and do not need to be extremely accurate. When a special utility project is established, it is preferred, if at all possible, to include all the utility adjustments necessary for the entire roadway project. If funds are available, additional agreements can be added to this utility project until the final invoice for the first completed agreement is received for payment.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.6 Supplemental Agreements===&lt;br /&gt;
For utility owners with a UT01 agreement, a supplemental letter agreement documenting the change in the scope or cost of the work is acceptable.&lt;br /&gt;
&lt;br /&gt;
The UT05: First Supplemental Agreement is used to document changes to UT02 and UT03 agreements. If changes to the scope of work occur that are anticipated to exceed $100,000 or 15% of the original agreement, a UT05 is required. If the final invoice on an actual cost adjustment without changes in the scope of work exceeds the limits shown in the table below, a UT05 is required.&lt;br /&gt;
&lt;br /&gt;
{| class=&amp;quot;wikitable&amp;quot; style=&amp;quot;margin-left: 25px; text-align:center&amp;quot;&lt;br /&gt;
! Amount in Original Actual Agreement !! Final Bill Total Exceeds Original Amount by:&lt;br /&gt;
|-&lt;br /&gt;
| 0-$25,000 || 50%&lt;br /&gt;
|-&lt;br /&gt;
| $25,000-$100,000 || 40%&lt;br /&gt;
|-	&lt;br /&gt;
| Exceeds $100,000 || 30%&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
Should multiple UT05s be required with the same utility owner, the UT05 should be modified for additional supplemental agreements. Once the final invoice on an UT05 is submitted to Financial Services, district utilities staff should change the status on the agreement in eAgreements to “completed”.&lt;br /&gt;
&lt;br /&gt;
==643.2.13 Utility Adjustments in Roadway Plans and Job Special Provisions (JSPs)==&lt;br /&gt;
It is the responsibility of the MoDOT Transportation Project Manager (TPM) to ensure utility plans of adjustment are shown on the project plans at the Plan, Specification, and Estimate (PS&amp;amp;E) stage based upon information coordinated by the district utilities staff with the appropriate utility owner.&lt;br /&gt;
&lt;br /&gt;
===643.2.13.1 Plans===&lt;br /&gt;
A legend showing all applicable utility symbols and the names of the utility owners is shown on the first special utility sheet. In the absence of special utility sheets, this information may be shown on the title sheet or the first plan and profile sheet. The following note is required to be placed on the title sheet or the first plan and profile sheet and the first special utility sheet (if used) to inform contractors of the suitability of the utility information contained on the plans.&lt;br /&gt;
&lt;br /&gt;
&amp;quot;The existence and approximate location of utility facilities known to exist, as shown on the plans, are based on the best information available to the Commission at this time. This information is provided by the Commission &amp;quot;as-is&amp;quot; and the Commission expressly disclaims any representation or warranty as to the completeness, accuracy, or suitability of the information for any use. Reliance upon this information is done at the risk and peril of the user, and the Commission shall not be liable for any damages that may arise from any error in the information&amp;quot;.&lt;br /&gt;
&lt;br /&gt;
===643.2.13.2 Job Special Provisions===&lt;br /&gt;
Since the addition of utility information on the plans, supplied by a third party, could subject the Missouri Highway and Transportation Commission to additional liability, a Utility JSP reflecting the status of utility adjustments will be required. The JSP will include the name, address, e-mail address, and telephone number of all utility owner representatives for all utility facilities located on the project. The anticipated adjustment completion date for each utility adjustment is also to be shown based on the agreed upon dates, durations, or completion dates with the utility owner’s representative. This information will inform the bidder of the status of utilities for proper work coordination that could affect the bids for the proposed highway construction project. Status notations will include general notations such as: “N/A”, “Work is in progress”, “Work has not started”, “Work is complete”, and “Work is included in contract.”&lt;br /&gt;
&lt;br /&gt;
===643.2.13.3 PS&amp;amp;E Submittal===&lt;br /&gt;
In the District Final Plans Submittal Checklist (D-12), the TPM should note any issues related to existing utility facilities or the adjustment of utility facilities either shown or not shown on the plans. Projects with “No Utility Impacts” such as some overlays, striping, bridge washing, etc. do not need a Utility Status Letter or Utility JSP. The D-12 is used for these projects. In the D-12, under Project Details – “Utilities”, the note “NO” is selected and under “Status”, select “Clear”. For all other projects, the district utilities staff will write a Utility Status Letter. The TPM will include the Utility Status Letter with the submittal of the final plans to the Design Division. The Utility Status will be defined as:&lt;br /&gt;
# Utility facilities are present, but no conflict is anticipated with the highway construction project. Or,&lt;br /&gt;
# All utility facilities requiring adjustment to allow highway construction have been physically adjusted on the project. Or,&lt;br /&gt;
# Utility construction work is planned or active and will be completed to such a point that no impact will be expected to the highway construction project. The status of this work is defined in the utility JSP. Or,&lt;br /&gt;
# Utility facilities are not expected to be adjusted by the notice to proceed date for the road project, but the utility work will have no impact on the progress of the highway construction project. The status of this work is defined in the utility JSP. Or,&lt;br /&gt;
# Utility facilities must be adjusted after the road contractor completes stage construction or in coordination with the contractors’ work. Details of the coordination effort required of the contractor are defined in the utility JSP to properly advise bidders. Or,&lt;br /&gt;
&lt;br /&gt;
# Utility adjustment plans and specifications are included in the bid documents for the highway construction project. A UT04 agreement must be executed.&lt;br /&gt;
&lt;br /&gt;
==643.2.14 Payment to Utility Companies for Reimbursable Work==&lt;br /&gt;
Authorization and federal funding obligation must be approved prior to incurring costs. This applies to all types of work on utility facilities including preliminary engineering. An obligation is a commitment by the federal government to reimburse MoDOT for the federal share of a project’s eligible cost.&lt;br /&gt;
&lt;br /&gt;
===643.2.14.1 Obligation Process===&lt;br /&gt;
Federal funding can be used with both lump sum and actual cost agreements. After the utility agreement is fully executed, the district utilities staff will email a copy of the utility agreement or the letter agreement referencing the MRUA to the email group OBLIGATE. This email should request the authorization authority for use of federal funds and to be informed of a Notice to Proceed (NTP) (see EPG 643.2.15) date by Financial Services once federal funding has been obligated. District utilities staff should allow three (3) weeks to receive the NTP. Financial Services will use Advance Construction (AC) funding to fund reimbursement to utility owners. With AC funding, state funds initially are used to pay for reimbursement to utility owners. Once construction is complete, with appropriate documentation of the work via the C-9 and C-13, Financial Services will convert to federal funding.&lt;br /&gt;
&lt;br /&gt;
===643.2.14.2 Preliminary Engineering===&lt;br /&gt;
On occasion, preliminary engineering (PE) may need to be undertaken by the utility owner prior to the execution of a utility agreement. If a utility owner has a MRUA, an estimate of the cost of the PE work by the utility owner may be used to obligate funding for preliminary engineering under the MRUA as a PE only letter agreement. If a lump sum or actual cost agreement will be required with the utility owner for the project, district utilities staff should do two (2) agreements with one agreement covering PE only, and once a design for the adjustment is obtained, a second agreement for the construction of the adjustment should be executed. If a separate PE only agreement is obtained, NTP will need to be issued twice to the utility owner: once for PE and once for construction.&lt;br /&gt;
&lt;br /&gt;
===643.2.14.3 Right of Way===&lt;br /&gt;
Once Notice to Proceed has been given, the utility owner may begin the right of way acquisition process. If the utility owner needs to acquire right of way prior to a full agreement for relocation has been negotiated, the agreement specifically for the acquisition of right of way should be executed. This agreement will be sent to Financial Services to begin the obligation process.&lt;br /&gt;
&lt;br /&gt;
===643.2.14.4 Construction===&lt;br /&gt;
Payment to utility owners for construction of the adjustment may occur in a number of phases.&lt;br /&gt;
&lt;br /&gt;
====643.2.14.4.1 Prepayment====&lt;br /&gt;
Per the utility agreement, the Commission allows utility owners to be prepaid prior to commencing work. The district utilities staff may negotiate the prepayment if the utility owner is receptive. The utility owner will submit a request for prepayment with an invoice prior to any prepayment. Route, county, and job number must be included in the request. The district utilities staff will submit a request to Financial Services with a copy saved in MoProjects for future reference by the district staff responsible for inspection of the utility adjustment.&lt;br /&gt;
&lt;br /&gt;
====643.2.14.4.2 Progress Payments====&lt;br /&gt;
If a utility owner has not been prepaid the entire estimated amount in the utility agreement, then the utility owner may request progress payments after completing a portion of the proposed work, including PE.&lt;br /&gt;
&lt;br /&gt;
Progress payments for PE by consultants should not exceed the &amp;quot;maximum not to exceed amount&amp;quot; shown in the cost estimate unless additional costs are approved first by district utilities staff.&lt;br /&gt;
&lt;br /&gt;
For progress payments, the utility owner is required to submit only a summary of work and materials for which payment is claimed, not a detailed billing. District utilities staff should check only to be sure that sufficient work has been done to justify making the requested payment. Payment should be made for allowable costs incurred up to the date of the progress payment request.&lt;br /&gt;
&lt;br /&gt;
Progress payment invoices do not relieve the utility owner of the responsibility of submitting one complete and final invoice upon completion of the adjustment. The utility owner’s address must be shown on the invoice. The district utilities staff should submit progress payment invoices and applicable C-9s to Financial Services within one (1) week of receipt of invoice.&lt;br /&gt;
&lt;br /&gt;
One copy of the progress payment and one copy of the district utilities staff letter of recommendation must be sent to Financial Services for payment and be stored in MoProjects. The cover memo should include the project number, route, county, actual cost or lump sum utility agreement, Commission obligation percentage, total cost estimate of Commission obligation, and indicate the progress payment number, i.e., progress payment number 1, 2, 3, etc. If more than one progress payment is requested by the utility company, the district should submit progress payment bills to Financial Services in the following format:&lt;br /&gt;
{| class=&amp;quot;wikitable&amp;quot; style=&amp;quot;margin-left: 25px; text-align:center&amp;quot;&lt;br /&gt;
! Payment !! Amount&lt;br /&gt;
|-&lt;br /&gt;
| Progress Payment #1 || $50,000&lt;br /&gt;
|-&lt;br /&gt;
| Progress Payment #2 || 10,000&lt;br /&gt;
|-	&lt;br /&gt;
| Total Payment to Date || $60,000&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
This format will help clarify payment history with the utility owner. Progress payments for actual cost utility agreements may not exceed the Commission&#039;s total estimated cost shown in the agreement. However, if the request for a progress payment exceeds the original estimate, a change order with explanation should accompany the request. (See EPG 641.2.16.5 Change Orders.)&lt;br /&gt;
&lt;br /&gt;
====643.2.14.4.3 Final Payment====&lt;br /&gt;
Utility owners are required to submit a detailed final invoice to MoDOT for all actual cost reimbursable utility work and for any lump sum reimbursable utility work that was not prepaid. For prepaid lump agreements, the utility owner must submit a zero-dollar ($0) invoice to demonstrate the work has been completed. After the utility work has been fully completed, the district utilities staff responsible for inspection should send the utility owner a “60 Day” Final Acceptance Letter requesting a complete final invoice within 60 days, as detailed in the utility agreement. If the final invoice is not received from the utility owner within 30 days, then a follow up letter should be sent (i.e., “30 Day” Reminder Final Invoice Letter) reminding the utility owner of its obligation to submit a final invoice within 60 days of the completed work. If a final invoice from the utility owner is not received within this timeframe, then the district utilities staff should contact the Design Liaison Engineer for guidance on how to close out the work.&lt;br /&gt;
&lt;br /&gt;
The district utilities staff is expected to check the final bill within two (2) weeks after receipt in as much detail as possible against the C-9. It is their responsibility to verify from field records the quantities of labor, equipment, material used, material retired, and to justify all changes made. If the utility owner’s contractor made the adjustment at unit cost prices, then it is the district utility staff’s responsibility to verify the number of units completed and not the hours of labor and equipment. It is also important for the utility owner to show the words “final bill” or “final invoice” on the last bill, in order for MoDOT to understand that no additional charges will be made on the adjustment. The final bill must show a general description of the utility adjustment, the highway project number, the date on which work was completed or last item of billed expense was incurred, and the location where records can be audited. The order of items in the final statement should follow as closely as possible the order of items in the original estimate. A summary, on the utility owner’s letterhead, of the total cost of preliminary engineering, construction engineering, right of way, labor, overhead, construction travel expense, transportation, equipment, materials, supply, handling, and salvage credits should be shown in a way that will permit direct comparison with the approved estimate from the original or supplemental agreements (see EPG 643.2.12.6).&lt;br /&gt;
&lt;br /&gt;
If the Actual Cost final invoice shows a much higher cost than the original estimate without scope change, the utility owner is required to give reasons in a letter to the district utilities staff explaining why the invoice cost increased. When the Actual Cost final invoice exceeds the amount shown in the table in EPG 643.2.12.6, a supplemental agreement is required.&lt;br /&gt;
&lt;br /&gt;
When the district utilities staff has determined that the final invoice is accurate, the C-13 should be completed. Once the C-13 is completed, the C-13 and the final invoice from the utility owner are forward to Financial Services. For Actual Cost agreements, the C-9s should also be included in this transmittal. If no additional payments are required, the district utilities staff should note this in the transmittal as well. If the final invoice indicates previous payments to a utility owner exceeded the final invoice, the utility owner will need to send MoDOT a check for the overpayment amount. The check should be made payable to Director of Revenue – Credit State Road Fund. If the utility owner did not send MoDOT an overpayment check with the final invoice, district utilities staff should send a letter to the utility owner requesting the refund amount. Submittal of the final invoice to Financial Services should not occur until repayment has been received. The submittal to Financial Services should note the receipt of the repayment check.&lt;br /&gt;
&lt;br /&gt;
==643.2.15 Notice to Proceed==&lt;br /&gt;
For PE only, once an agreement has been executed, and Financial Services has advised that authorization from FHWA has been received, district utilities staff will issue a notice to proceed (NTP) letter to the utility owner for the PE. For agreements that include PE and construction or once a final agreement for construction has been executed, right of way clearance has been issued, and Financial Services has advised that authorization from FHWA has been received, the district utilities staff will issue NTP to the utility owner for construction. See Example of Notice to Proceed Letter. If salvage credit is part of the agreement with the utility owner, the NTP letter should include a statement that the utility owner will need to inform district utilities staff of the time and place that inspection may be made of the removed material. The utility owner may be held accountable for full value of materials disposed without proper notice. Utility owners may purchase materials prior to NTP for construction; however, no other work on the adjustment necessary to allow highway construction may begin prior to NTP for construction. The utility owner, for reasons of planning their workload or due to seasonal situations, may request early authorization to perform the work. This request, with the district utilities staff recommendations, is sent to the Design Liaison Engineer for further handling, approval, and advancement of the necessary funds. A copy of the NTP should be saved in MoProjects. If a utility owner begins adjustments prior to NTP for construction, district utilities staff should notify the utility owner immediately in writing that reimbursement will not be made for work done prior to NTP for construction.&lt;br /&gt;
&lt;br /&gt;
==643.2.16 Construction of Utility Adjustments==&lt;br /&gt;
===643.2.16.1 Utility Owner Self-Perform===&lt;br /&gt;
As per 23 CFR 645.115 Construction, it may be cost-effective for certain utility adjustments to be performed by a utility owner with its own internal forces and equipment, provided the utility owner is qualified to perform the work in a satisfactory manner. This cost-effectiveness finding covers minor work on the utility owner’s existing utility facilities routinely performed by the utility owner with its own forces.&lt;br /&gt;
&lt;br /&gt;
===643.2.16.2 Construction Contract Requirements===&lt;br /&gt;
When the utility owner is not adequately staffed and equipped to perform such work with its own forces and equipment at a time convenient to coordination with the associated highway construction, such work may be done one of four ways for utility adjustments:&lt;br /&gt;
# MoDOT can provide the construction services, via awarded contract to the lowest qualified bidder based on appropriate solicitation. This can be done by including the adjustment work in the roadway improvement project (EPG 643.2.12.4 Utility Agreement for Utility Work Included in Roadway Improvement Project) or by having a utility only project (EPG 643.2.12.5 Utility Only Project).&lt;br /&gt;
# The utility owner can award a construction contract to the lowest qualified bidder based on appropriate solicitation.&lt;br /&gt;
# The utility owner can utilize an existing continuing contract, provided the costs are reasonable (see EPG 643.2.9.1 Independent Cost Estimate).&lt;br /&gt;
# The utility owner can contract for low-cost incidental work, such as tree trimming and the like, without competitive bidding, provided the costs are reasonable (see EPG 643.2.9.1 Independent Cost Estimate).&lt;br /&gt;
&lt;br /&gt;
When a utility owner chooses option 2 to award its own new construction contract, the utility owner must provide the following documents and information to the district utilities staff. These documents need to be provided as soon as the utility owner has chosen to pursue a construction contract. Document 1 must be supplied by all utility owners. Documents 2 and 3 are only required when the utility owner is a local government agency who is also a political subdivision of the state of Missouri (e.g., city-owned utilities, county-owned utilities). All other utility owners are encouraged, but not required, to provide Documents 2 and 3.&lt;br /&gt;
# A statement that the utility owner is not staffed or able to perform the required construction activities with its own forces.&lt;br /&gt;
# A copy of the request for proposal used to secure bids.&lt;br /&gt;
# A list of a minimum of 3 bidders whom they believe can do the work. &#039;&#039;&#039;Political subdivisions are required to advertise for the work&#039;&#039;&#039;.&lt;br /&gt;
# Upon review of these documents, the district utilities staff will advise the utility owner to proceed with the solicitation of bids, but the utility owner will not be permitted to award the contract without the concurrence of district utilities staff. For lump sum agreements, approval of contract work and subcontract work is not required.&lt;br /&gt;
&lt;br /&gt;
The following documents need to be provided as soon as the utility owner has determined the lowest qualified contractor and would like to award the project. Document 1 must be supplied by all utility owners. Document 2 is only required when the utility owner is a local government agency who is also a political subdivision of the state of Missouri (e.g., city-owned utilities, county-owned utilities). All other utility owners are encouraged, but not required, to provide Document 2.&lt;br /&gt;
# The name address of the lowest qualified contractor.&lt;br /&gt;
# The tabulation of bids received and other information to support their recommendation for award to the lowest qualified bidder.&lt;br /&gt;
&lt;br /&gt;
The district utilities staff will review and approve the utility owner&#039;s bid information prior to the award of the contract. The Design Liaison Engineer is available to assist the district with review of bid information if necessary. Once the district utilities staff provides concurrence, the utility owner may proceed with awarding the contract. When the utility owner is a local government agency who is also a political subdivision of the state of Missouri (e.g., city-owned utilities, county-owned utilities), a copy of the executed contract must be shared with the district utilities staff. All other utility owners are encouraged, but not required, to provide a copy of the executed contract.&lt;br /&gt;
&lt;br /&gt;
A checklist is available for reviewing contracts to ensure the contract conforms to MoDOT policy and complies with applicable federal regulations.&lt;br /&gt;
&lt;br /&gt;
When a utility owner chooses to utilize a an existing continuing contract, the utility owner will submit a copy of the contract to the district utilities staff. The district utilities staff will review the contract for reasonableness of cost. If district utilities staff and the utility owner’s representative cannot agree on the reasonableness of cost, then the utility owner will be required to award a new construction contract.&lt;br /&gt;
&lt;br /&gt;
===643.2.16.3 Inspection===&lt;br /&gt;
The degree of inspection needed for utility adjustments will vary considerably with the nature and location of the work and whether the Commission is responsible for any portion of the cost of reimbursement. Judgment must be used regarding the manner and regularity of inspection duties. Some phases of the work require a very close check to ensure that the highway will not be adversely affected and to ensure satisfactory performance of work in accordance with the agreement and plans. The degree of inspection may vary from spot checking of overhead installations to continuous close observation of backfilling trenches beneath proposed pavement, embankment area, or adjacent to bridge abutments. Proper inspection can ensure that the utility adjustment is completed as efficiently as possible to minimize future impacts to the utility facility and the highway construction project. A [https://epg.modot.org/forms/general_files/DE/UtilityFieldInspectionChecklist.docx Field Inspection Checklist] to assist district utilities staff responsible for inspection is available.&lt;br /&gt;
&lt;br /&gt;
If it is found that any actual cost reimbursable utility adjustment is being performed by unapproved contractors, district utilities staff should direct the work to stop. The utility owner’s representative should be informed immediately and should be advised in writing that the costs incurred by an unapproved contractor are not eligible for reimbursement under provisions of the agreement. The district utilities staff can take appropriate steps to approve a subcontract and advise when the utility owner can recommence work.&lt;br /&gt;
&lt;br /&gt;
===643.2.16.4 Documentation===&lt;br /&gt;
All documents related to the construction of the utility adjustment necessary to allow highway construction should be stored in MoProjects.&lt;br /&gt;
&lt;br /&gt;
Construction records must be kept to confirm that work is done in accordance with the terms of the agreement and in the manner proposed in the plans. The importance of a complete and accurate record cannot be overemphasized. Detailed records are necessary to support the recommendation for payment of the final invoice. A complete, separate daily record must be kept on each actual cost adjustment and submitted for review when the final invoice is recommended for payment. This district utilities staff responsible for inspection should complete the Daily Utility Report (C-9).&lt;br /&gt;
&lt;br /&gt;
====643.2.16.4.1 Utility Reports====&lt;br /&gt;
The Daily Utility Report ([https://epg.modot.org/forms/general_files/DE/C-9.docx Form C-9]) and the Final Utility Report ([https://epg.modot.org/forms/general_files/DE/C-13.docx Form C-13]) are used for documenting utility adjustments necessary to allow highway construction. The use of C-9s and C-13s will vary with method of reimbursement. For utility adjustments necessary to allow highway construction that overlap with the highway contractor’s work, progress records should be kept as necessary to coordinate the highway and utility construction activities. Sufficient records must be maintained to check and verify the items of labor, equipment, materials, and salvaged items as submitted on the final invoice.&lt;br /&gt;
&lt;br /&gt;
=====643.2.16.4.1.1 Daily Utility Report (C-9)=====&lt;br /&gt;
C-9s are only required for actual cost agreements. The district utilities staff responsible for inspection must in all cases keep records to document inclement weather, down time, and verbal authorization for minor changes. The district utilities staff responsible for inspection must complete a C-9 documenting the number and classification of employees and number of hours worked. Records of material used and of retired materials returned to stock or scrapped must be kept. The utility owner’s major items of equipment must also be recorded. When work is done by the contract method based on unit prices, the district utilities staff responsible for inspection should ascertain that units of work as provided in the bid proposal are measured and recorded to form a basis for checking the final invoice. C-9s should list the location and the number of units of work accomplished for that period. If contract labor or equipment is used by a utility owner on the basis of a bid per hour, per day, etc., it will be necessary to keep records on this labor or equipment time in the same manner as if the utility owner were performing the work with its own internal forces. District utilities staff responsible for inspection should also note all contractors working for the utility owner and the contractor approval authorization dates given in the agreement.&lt;br /&gt;
&lt;br /&gt;
=====643.2.16.4.1.2 Final Utility Report (C-13)=====&lt;br /&gt;
C-13s summarize that the utility adjustment work that was done in accordance with the agreement and plans, the percentage of total cost that is the responsibility of the Commission, and any progress payments that have been made. A C-13 is required for both actual cost and lump sum agreements. The requested numbers shown on line 9 (Commission Estimated Cost) and line 10 (Amount of Final Bill) in the report are the Commission’s total responsibility.&lt;br /&gt;
&lt;br /&gt;
====643.2.16.4.2 Breakdown and Emergency====&lt;br /&gt;
When breakdown and emergency situations occur, prior approval by MoDOT is not required for contract or equipment rental work unless the cost or period of time will be extensive. The utility owner should furnish a letter as soon as possible to explain the situation and set out the estimated costs involved. The district utilities staff’s records should substantiate the need and the changes for personnel and equipment.&lt;br /&gt;
&lt;br /&gt;
====643.2.16.4.3 Stop Work====&lt;br /&gt;
If at any point, a stop work order is given by MoDOT to a utility owner, written documentation of the stop work order should be saved in MoProjects.&lt;br /&gt;
&lt;br /&gt;
===643.2.16.5 Change Orders===&lt;br /&gt;
Any change in the plan of adjustment should be documented in writing to the utility owner as a change order. If the change order is anticipated to exceed $100,000 or 15% of the original agreement amount, district utilities staff should negotiate a supplemental agreement with the utility owner’s representative. Once a supplemental agreement is in place, district utilities staff should contact Financial Services to obtain an adjustment of the obligation mid-project. Change orders without supplemental agreements will be settled once the project is complete.&lt;br /&gt;
&lt;br /&gt;
====643.2.16.5.1 Actual Cost Agreement====&lt;br /&gt;
Slight modifications in quantities or the addition of minor items not included with the original agreement do not require a supplemental agreement. However, such changes should be documented in writing with the utility owner. A supplemental agreement is needed if costs exceed the above threshold or if there is a change in the percentage of cost that is the Commission’s responsibility on an agreement with shared responsibility for costs. Intermediate partial payments cannot be made on items in a supplemental agreement until the supplemental agreement is approved.&lt;br /&gt;
&lt;br /&gt;
====643.2.16.5.2 Lump Sum Agreement====&lt;br /&gt;
A supplemental agreement to a Lump Sum Agreement is only required for significant changes in the scope of work of the utility adjustment necessary to allow highway construction. Normal overruns are not considered as changes in approved work and will not be reimbursed. Significant changes in the scope of work on utility adjustments necessary to allow highway construction cannot be done until the supplemental agreement is approved, and the adjustment in obligation of funds is complete.&lt;br /&gt;
&lt;br /&gt;
==643.2.17 Utilities during Highway Construction==&lt;br /&gt;
The contractor is responsible for having utilities located by contacting Missouri One-Call (811) prior to any excavation on the project. A reminder of this responsibility should be made at the preconstruction meeting.&lt;br /&gt;
&lt;br /&gt;
===643.2.17.1 Preconstruction Meeting (Pre-Con)===&lt;br /&gt;
District utilities staff should be invited to all pre-cons.&lt;br /&gt;
&lt;br /&gt;
Pre-cons fall into three categories relating to utilities:&lt;br /&gt;
# No utility adjustments are anticipated within the project limits,&lt;br /&gt;
# All utility adjustments completed prior to the pre-con, and&lt;br /&gt;
# All utility adjustments not completed prior to the pre-con.&lt;br /&gt;
&lt;br /&gt;
====643.2.17.1.1 No Utility Adjustments Anticipated within the Project Limits====&lt;br /&gt;
For projects without a Utility Job Special Provision (JSP), no involvement of the utility owners is required at the pre-con. For projects with a Utility JSP, the Resident Engineer (RE) should invite all utility owner representatives listed in the JSP with known required adjustment to the pre-con. The RE should review potential impacts of the highway construction project with the contractor and the utility owner.&lt;br /&gt;
&lt;br /&gt;
====643.2.17.1.2 All Utility Adjustments Completed Prior to the Pre-Con====&lt;br /&gt;
The RE should invite all utility owner representatives listed in the JSP with known required adjustment to the pre-con. The RE should review potential impacts of the highway construction project with the contractor and the utility owner. A general discussion should highlight the previous adjustments made by the utility owner and what abandoned utility facilities the contractor may encounter.&lt;br /&gt;
&lt;br /&gt;
====643.2.17.1.3 All Utility Adjustments Not Completed Prior to the Pre-Con====&lt;br /&gt;
It is important for the RE and inspector to understand the utility owner’s work schedule and how it relates to the contractor’s work schedule. During the pre-con, the schedule of the utility owner and highway construction contractor should be discussed, and conflicts should be addressed to allow utility adjustments and highway construction to progress as near to the proposed schedule as possible. On large-scale projects that have many utility issues to address that could impact the work of the highway construction contractor, it may be necessary to have a separate pre-con with utility owner representatives.&lt;br /&gt;
&lt;br /&gt;
===643.2.17.2 Coordination Meetings===&lt;br /&gt;
When the utility work will not be completed soon after the preconstruction meeting, the RE should meet with district utilities staff, the highway construction contractor, and the utility owner representatives on a regular basis to discuss utility coordination issues, so expectations from all parties are known and conveyed clearly. The utility owner may need some work performed by MoDOT or the highway construction contractor prior to completing their adjustments. (Examples include: survey staking of right of way or proposed facilities, trees cleared, grading performed, or new structures built).&lt;br /&gt;
&lt;br /&gt;
==643.2.18 Service Drops==&lt;br /&gt;
Power and communication services provided by utility owners are necessary for the operation of the highway system. These services may include power to traffic signals, lighting, or ITS devices; power for cathodic protection; or telecommunication services to signal controllers or ITS devices. The project design teams should work with district utilities staff to identify proper locations for the applicable utility owners to provide these services. Various utility owners have different requirements for this process. The district utilities staff is encouraged to develop a workable relationship with the utility owners who provide these services to MoDOT. The costs of installing the services charged by the utility owner are considered a non-contractual item and should be accounted for in the project’s budget in the STIP. The proposed location and method for the service drops should be shown on the roadway plans. District utilities staff should meet with the utility owner’s representative to ensure the proposed location can be accommodated by the utility owner. For electrical service connections, the power supply assembly is ideally located a maximum of ten feet (10’) from the source location. Plans submitted for PS&amp;amp;E should reflect the agreed upon location for all service connections. During construction, district utilities staff and district construction staff should work together to ensure the placement of the services is consistent with the project plans. Payment for the service drops should be invoiced by the utility owner to the district. District utilities staff is responsible for submission of the invoice directly to Financial Services for payment noting the non-contractual charges for the project.&lt;br /&gt;
&lt;br /&gt;
==643.2.19 Buy America Build America for Utilities==&lt;br /&gt;
FHWA’s Buy America Build America (BABA) policies require a domestic manufacturing process for all steel or iron products, other construction materials, and manufactured products that are permanently incorporated into Federal-Aid Highway construction projects, including products and materials used for adjustments to utility facilities to allow highway construction. These guidelines are for all federally reimbursable transportation projects where FHWA is the lead federal agency; it does not take precedence over projects where Federal Transit Administration or the Federal Railroad Administration is deemed the be the lead federal agency.&lt;br /&gt;
&lt;br /&gt;
===643.2.19.1 Program Requirements for Utilities===&lt;br /&gt;
All MoDOT projects are federal-aid projects, and therefore, all reimbursable utility adjustments are required to follow the provisions of BABA. More information on MoDOT’s BABA policy and procedures can be found in [[106.9_Buy_America_Requirement|EPG 106.9 Buy America Requirement]]. Specifically, utility owners should be aware of the following procedures for determining applicability of the EPG 106.9 requirements to reimbursable utility adjustments necessary to allow highway construction:&lt;br /&gt;
* BABA does not apply when materials are relocated from one location to another within the project limits.&lt;br /&gt;
* BABA does not apply for materials necessary for temporary utility adjustments assuming materials are removed from the right of way upon completion of the utility adjustment to allow highway construction.&lt;br /&gt;
* Non-reimbursable work must be kept separate from reimbursable work (agreements, permits, etc.) in order to not be subject to BABA.&lt;br /&gt;
&lt;br /&gt;
===643.2.19.2 Certification Requirements for Utilities===&lt;br /&gt;
Utility owners have the option of choosing either to self-certify BABA compliance or provide vendor/manufacturer certification to MoDOT. The method of certification is chosen by the utility owner and is documented in either the MRUA or the project specific agreement. Regardless of agreement type or certification method, the utility owner must be compliant with BABA requirements.&lt;br /&gt;
&lt;br /&gt;
====643.2.19.2.1 BABA Utility Owner Self-Certification====&lt;br /&gt;
If a utility owner chooses to self-certify BABA compliance, the utility owner is not required to provide MoDOT copies of the supplier certification as part of the project documentation or with the final invoice for any reimbursable utility adjustment necessary to allow highway construction. Retention of all documents should be as described in the agreement.&lt;br /&gt;
&lt;br /&gt;
====643.2.19.2.2 BABA Vendor/Manufacturer Certification====&lt;br /&gt;
If a utility owner chooses to use vendor/manufacturer certification, the utility owner will supply MoDOT BABA compliance from all vendors and/or manufacturers. Certification from vendors will be signed by an authorized representative of the vendor on company letterhead or other acceptable documentation and will declare that all supplied materials subject to BABA requirements are fully compliant. Certification from iron or steel manufacturers must be in the form of a mill test report (MTF) issued and signed by the initial fabricator stating the materials subject to BABA were melted and manufactured in the United States. Other written statements on company letter or other acceptable documentation signed by an authorized representative of the manufacturer for any additional treatment to the fabricated material (such as blasting, galvanizing, painting, or coating) will state that all treatment processes occurred in the United States according to FWA guidelines. Retention of all documents should be as described in the agreement. Manufacturer certification for manufactured products or construction materials will state that all materials were sourced from the United States and were fabricated in the United States. Retention of all documents should be as described in the agreement.&lt;br /&gt;
&lt;br /&gt;
&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643.3 Reserved for Future Use &#039;&#039;PAGE TITLE&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;&lt;br /&gt;
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&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643.4 Railroads (NO CHANGE) &#039;&#039;PAGE TITLE&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;&lt;br /&gt;
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==236.5.12 Excess Land Conveyances &amp;amp; Relinquishments - Utilities==&lt;br /&gt;
All conveyances and relinquishments of Commission-owned property shall be evaluated for the existence of any utility facilities located within the areas to be conveyed or relinquished. A conveyance or relinquishment of Commission-owned property may have implications to the utility facilities, and the utility owners, when the Commission no longer controls the property. It is important to maintain the continuity of utility facilities for the general public; therefore, to identify and minimize potential impacts, MoDOT shall involve utility owners in the conveyance and relinquishment processes.&lt;br /&gt;
&lt;br /&gt;
===236.5.12.1 Excess Land Conveyances Utilities===&lt;br /&gt;
MoDOT shall only recommend that a property be declared excess upon satisfactorily addressing the utility impacts. Whether MoDOT or an external party initiates the conveyance of excess property, utility impacts shall be adequately addressed by using one of the following methods: &lt;br /&gt;
:1. Each utility facility will be relocated by permit into a new utility corridor retained by the Commission.&lt;br /&gt;
:2. Each utility facility will remain in place with the benefit of a non-exclusive permanent utility easement.&lt;br /&gt;
::&#039;&#039;If the Commission holds fee simple title to the property, the Commission shall convey a non-exclusive permanent utility easement to each utility owner&#039;&#039;.&lt;br /&gt;
::&#039;&#039;If the Commission holds a less than fee simple title interest in the property, MoDOT shall facilitate the conveyance of a non-exclusive permanent utility easement from the party acquiring the property to each utility owner&#039;&#039;.&lt;br /&gt;
:3. Each utility facility will be relocated to another portion of the property being conveyed.&lt;br /&gt;
::&#039;&#039;If the Commission holds fee simple title to the property, the Commission shall convey a non-exclusive permanent utility easement to each utility owner&#039;&#039;. &lt;br /&gt;
::&#039;&#039;If the Commission holds a less than fee simple title interest in the property, MoDOT shall facilitate the conveyance of a non-exclusive permanent utility easement from the party acquiring the property to each utility owner&#039;&#039;.&lt;br /&gt;
:4. Each utility facility will be relocated onto a portion of the property already owned by the party acquiring the Commission-owned property, with the benefit of a non-exclusive permanent easement. (MoDOT shall facilitate the conveyance of a non-exclusive permanent utility easement from the party acquiring the property to each utility owner.)&lt;br /&gt;
:5. A three-party negotiated settlement taking into consideration the overall value of the proposed transaction.&lt;br /&gt;
:6. Additional options to address utility impacts may be utilized with approval from the Asst. to the State Design Engineer - Right of Way.&lt;br /&gt;
&lt;br /&gt;
===236.5.12.2 Road Relinquishment Utilities===&lt;br /&gt;
MoDOT shall only recommend the relinquishment of roadways through the [[236.14 Change in Route Status Report|Change in Route Status Report]] upon satisfactorily addressing the impacts to utility facilities. If the roadway will be relinquished to a local public transportation authority, with the intent that it continues to be used as a public roadway, a clause similar to the following shall be included in the deed from the Commission to the local public transportation authority:&lt;br /&gt;
:&#039;&#039;&amp;quot;Grantee, by acceptance of this conveyance, covenants and agrees for itself, its successors and assigns, to allow known or unknown utility facilities currently located on the property, whether of record or not, to remain on the property, and to grant the current and subsequent owners of those facilities the right to maintain, construct and reconstruct the facilities and their appurtenances over, under, and across the land herein conveyed, along with the right of ingress and egress across the land herein conveyed to and from those utilities.&amp;quot;&#039;&#039; &lt;br /&gt;
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Proposed roadway relinquishments to private entities shall be reviewed in a manner consistent with the conveyance of excess property described in [[236.5 Property Management#236.5.3 Asset Management Committee|EPG 236.5.3 Asset Management Committee]].&lt;/div&gt;</summary>
		<author><name>Hoskir</name></author>
	</entry>
	<entry>
		<id>https://epg.modot.org/index.php?title=User:Hoskir/Revision_Request_4225&amp;diff=58865</id>
		<title>User:Hoskir/Revision Request 4225</title>
		<link rel="alternate" type="text/html" href="https://epg.modot.org/index.php?title=User:Hoskir/Revision_Request_4225&amp;diff=58865"/>
		<updated>2026-06-18T20:33:25Z</updated>

		<summary type="html">&lt;p&gt;Hoskir: /* 643.2.9.3.12 Prorating Costs */&lt;/p&gt;
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&lt;div&gt;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643 Utility Procedures  &#039;&#039;CATEGORY&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt; &lt;br /&gt;
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| &#039;&#039;&#039;&amp;lt;center&amp;gt;&amp;lt;u&amp;gt;Additional Resources&amp;lt;/u&amp;gt;&amp;lt;/center&amp;gt;&#039;&#039;&#039;&lt;br /&gt;
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| ● [https://www.ecfr.gov/current/title-23/chapter-I/subchapter-G/part-64523 CFR 645]&lt;br /&gt;
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| ● [https://www.sos.mo.gov/cmsimages/adrules/csr/current/7csr/7c10-3.pdf7 CSR 10-30]&lt;br /&gt;
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&#039;&#039;&#039;Utility Accommodation Policy:&#039;&#039;&#039; State DOTs are required to develop policies and procedures pertaining to the use, accommodation, and/or relocation of public and private utility facilities on highway rights-of way using Federal-aid highway funds. State DOTs are required to develop, maintain, and obtain FHWA approval of their Utility Accommodation Policy (UAP) (23 CFR section 645.215). This EPG article 643 and subarticles 643.1 through 643.3 are Missouri Department of Transportation (MoDOT)’s Utility Accommodation Policy. Text in EPG 643 consolidates various federal and state statutes and rules into a single, cohesive, workable policy to outline processes for MoDOT staff and utility owners.&lt;br /&gt;
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&#039;&#039;&#039;Delegation of Work:&#039;&#039;&#039; Each MoDOT district is responsible for ensuring implementation of the UAP outlined in the subsequent EPG articles. Each district can create its own organization for whom is responsible for the work including between divisions and job titles. Work responsibilities within this article and subarticles are generic where possible. If a specific title is included, that title has sole responsibility for that item of work.&lt;br /&gt;
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&#039;&#039;&#039;643 documents not being used&#039;&#039;&#039;&lt;br /&gt;
[[media:144 Major Highway System 2022.pdf|major routes]]&lt;br /&gt;
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&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643.1 Utility Location  &#039;&#039;PAGE TITLE&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt; &lt;br /&gt;
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The information in this article provides a uniform system for regulating the location, construction, maintenance, removal, and relocation of utility facilities on the right of way of roadways located on the state highway system. It also provides for the facilitation of construction and maintenance of these roadways. Any location or relocation of utility facilities contrary to this information is an interference with the construction, maintenance, or operation of a state highway and its right of way and is prohibited.&lt;br /&gt;
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==643.1.1 Permits==&lt;br /&gt;
All utility owners are required to obtain a permit to work on Missouri Highway and Transportation Commission (Commission) right of way. A permit is required for original installation of the utility facility, on-going maintenance of the utility facility, or adjustments to a utility facility necessary to allow highway construction. Per [[127.29_Stormwater#127.29.4.3_MCM_3:_Illicit_Discharge_Detection_and_Elimination_(IDDE)_Program|EPG 127.29.4.3]], discharges of anything other than stormwater are not permitted. A deposit or bond is required to ensure completion of the work in accordance with the permit issued. An [https://www.modot.org/permits application for a permit] may be made on established forms specifically stating the nature of the work to be performed. Applications for permits may be obtained at any of the [https://www.modot.mo.gov/ seven (7) district highway offices] of the Commission, [https://www.modot.mo.gov/ MoDOT&#039;s website], or by requesting it from the office of the Missouri Highways and Transportation Commission in Jefferson City, Missouri. The application for a permit will specifically state the nature of the work to be performed, what specific type of utility facility is to be installed, and, if necessary, the timeframe of any temporary use. Piping of any type of sewage or waste will only be allowed providing any permitting by a regulatory agency, such as Missouri Department of Natural Resources, can be provided. Prior to obtaining a permit through MoDOT’s permit system, a utility owner will be required to provide a bond to ensure satisfactory work and complete a TR50 Electronic Signature Agreement with the Commission. The name of the utility owner must match on the bond, TR50, and in the permit system. More information on permitting can be found in [[:Category:941_Permits_and_Access_Requests|EPG 941]].&lt;br /&gt;
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===643.1.1.1 Emergency Work===&lt;br /&gt;
When emergency operations work is necessary, the damaged utility facility may be accessed immediately and without a permit by leaving the pavement at such points as may be necessary to effect emergency repairs, provided immediate notice is given to the Missouri State Highway Patrol and the district utilities staff for the district wherein the work will be performed, and a permit for emergency operations is requested immediately upon discovery of the need for emergency operations. A permit for emergency operations work is to be obtained as soon as practical, but in no event later than two (2) working days after the emergency operations work has commenced. Emergency operations include, but are not limited to, unplanned work in response to utility facilities being so damaged as to constitute an emergency situation directly affecting or endangering traffic on the highway or public health or safety.&lt;br /&gt;
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===643.1.1.2 Third-Party Inspection===&lt;br /&gt;
When a utility owner has a large number of projects in a given area or projects involving great complexity, MoDOT reserves the right to limit the number of permits open at any given time. With approval of the district utilities staff, a utility owner may hire a third-party inspector, at their cost. The third-party inspector will allow the utility owner to increase the number of permits open at any given time. The responsibility of the third-party inspector will be to ensure the installation of the utility facility proceeds in a manner consistent with the plans approved in the permit, including all work zone requirements and conformity with MoDOT’s Standards and Specifications. The MoDOT approved third-party inspector will be listed in the permit. MoDOT may audit third-party inspections and revoke the right to use third-party inspections should the inspectors fail to perform their duties.&lt;br /&gt;
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===643.1.1.3 Abandoned Utility Facilities===&lt;br /&gt;
All utility facilities installed in Commission right of way are the property of the utility owner whether the utility facility is active or inactive. MoDOT may allow a utility facility to remain on Commission right of way whether the utility facility was abandoned for a MoDOT project or at the utility owner’s discretion. MoDOT may place requirements (such as removing inactive fiber optic cables, grouting pipes, removing valves) on the utility owner as part of the process of abandoning a utility facility. Liability for damage to Commission right of way due to an abandoned facility remains the responsibility of the utility owner. In the event MoDOT requires the removal of the abandoned utility facility, responsibility for the cost of the removal will be determined per [[643.2_Local_Utility_Adjustments_-_Public_and_Private#643.2.8_Preliminary_Engineering_(PE)_Requirements|EPG 643.2.8]].&lt;br /&gt;
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==643.1.2 Definitions==&lt;br /&gt;
&#039;&#039;&#039;Bridge Attachment:&#039;&#039;&#039; A bridge attachment is any utility facility, including communication lines and electrical lines, or any other utility facility of a similar nature that is fastened to a bridge for the purpose of spanning an obstacle.&lt;br /&gt;
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&#039;&#039;&#039;Clear zone:&#039;&#039;&#039; The total roadside border area starting at the edge of the traveled way, available for safe use by errant vehicles. This area may consist of a shoulder, a recoverable slope, a non-recoverable slope, and/or the area at the toe of a non-recoverable slope available for safe use by an errant vehicle. Clear zone dimensions are provided in the current edition of American Association of State Highway Transportation Officials Roadside Design Guide.&lt;br /&gt;
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&#039;&#039;&#039;Ditch Line:&#039;&#039;&#039; A line where the roadway ditch meets the back slope. It is located at the lowest point of a V-bottom ditch or furthest point from the roadway of a flat bottom ditch where the roadway slopes back to the existing ground line.&lt;br /&gt;
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&#039;&#039;&#039;Duct:&#039;&#039;&#039; An enclosed tubular casing, or raceway, for protecting wires, lines, or cables that is often flexible or semi-rigid (1-3% diametric deflection). The casing, or raceway, is separate from the cable or conductor that passes through it.&lt;br /&gt;
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&#039;&#039;&#039;Encasement:&#039;&#039;&#039; The term encasement means the placing of an installation around and outside of an underground facility consisting of a larger conduit that permits the removal and replacement of the facility. An alternate to the conduit type encasement is reinforced concrete poured around the utility facility. Utility owners are allowed to use any types of material as a carrier and encasement for its facilities as expressly provided for in the permit issued for the installation of the utility facility.&lt;br /&gt;
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&#039;&#039;&#039;Freeway:&#039;&#039;&#039; A divided arterial highway with full control of access.&lt;br /&gt;
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&#039;&#039;&#039;Highway:&#039;&#039;&#039; Any public way for vehicular travel, including the entire area within the right of way and related facilities constructed or improved and maintained by the Missouri Highways and Transportation Commission (MHTC) acting through the Missouri Department of Transportation (MoDOT).&lt;br /&gt;
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&#039;&#039;&#039;Interchange Limits:&#039;&#039;&#039; For the uniform handling of utility installations only, the limits of an interchange are the outside ramp curve points. See [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_1_TypicalInterchangeLimits_AOD.pdf EPG Figure 643.1.1] for an example.&lt;br /&gt;
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&#039;&#039;&#039;Interstate System or Other Freeways/Expressways:&#039;&#039;&#039; Interstate highways and highways with fully controlled access.&lt;br /&gt;
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&#039;&#039;&#039;Major Routes (Interstates, Freeways/Expressways and Principal Arterials):&#039;&#039;&#039; The major highway system is all routes functionally classified as principal arterials. The principal arterial system provides for statewide or interstate movement of traffic. The major roads in Missouri total approximately 5,500 centerline miles.&lt;br /&gt;
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&#039;&#039;&#039;Minor Routes:&#039;&#039;&#039; The minor highway system is all routes functionally classified as minor arterials or collectors. These routes mainly serve local transportation needs. The minor roads in Missouri total approximately 28,400 centerline miles.&lt;br /&gt;
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&#039;&#039;&#039;Normal Right of Way Line:&#039;&#039;&#039; An imaginary line that connects sudden breaks in the major right of way points for roadways. Sight distance right of way points (triangles) at roadway intersections are not to be considered as sudden breaks for determining normal right of way.&lt;br /&gt;
[[File:fig_643.1.2-06_2026.jpg|none|700px|thumb|Figure 643.1.2 Normal Right of Way Line.]]&lt;br /&gt;
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&#039;&#039;&#039;Private Lines:&#039;&#039;&#039; Privately owned utility facilities which convey or transmit the commodities outlined in the definition of utility facility of this section but devoted exclusively to private use.&lt;br /&gt;
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&#039;&#039;&#039;Scenic Enhancement Areas:&#039;&#039;&#039; Scenic enhancement areas include areas acquired or so designated as scenic strips, overlooks, rest areas, recreation areas, and the right of way of adjacent roadways and the right of way of roadways that pass through public parks and historic sites as described under 23 USC 138.&lt;br /&gt;
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&#039;&#039;&#039;Utility Corridor:&#039;&#039;&#039; An area established for the placement of utility facilities parallel to the normal right of way line.&lt;br /&gt;
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&#039;&#039;&#039;Utility Facility:&#039;&#039;&#039; Privately, publicly, or cooperatively owned line, facility, or system for producing, transmitting, or distributing communications, cable television, power, electricity, light, heat, gas, oil, crude products, water, steam, waste, storm water not connected with highway drainage or any other similar commodity, including any fire or police signal system or street lighting system which directly or indirectly serves the public and does not include privately owned facilities devoted exclusively to private use. The term &amp;quot;utility facility&amp;quot; includes those facilities used solely by the utility owner that are a part of its operating plant.&lt;br /&gt;
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&#039;&#039;&#039;Utility Owner:&#039;&#039;&#039; The utility owner is the utility company, inclusive of any wholly owned or controlled subsidiary, or city or county which owns utility facilities. The term also includes those government agencies that lease a utility facility for its own use or otherwise dedicated solely to governmental use.&lt;br /&gt;
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&#039;&#039;&#039;Variance:&#039;&#039;&#039; A one- (1-) time deviation from the requirements for location or relocation of utility facilities on the right of way of highways in the state highway system as established in [https://www.sos.mo.gov/cmsimages/adrules/csr/current/7csr/7c10-3.pdf Title 7 Code of State Regulations 10-3], requested by the utility, and approved by a MoDOT District Design Engineer.&lt;br /&gt;
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==643.1.3 Location of Utility Facilities==&lt;br /&gt;
Utility facilities paralleling the roadway should be installed in the utility corridor except as outlined below. The utility corridor is the space for all utility owners generally within six feet (6’) of the normal right of way line. When considering if the current utility corridor is available to expand from six feet (6’) to as much as twelve feet (12’), MoDOT determines if the expansion is warranted. In making the determination, MoDOT will consider the existing utilization of the original six feet (6’) corridor. Poles must remain within two feet (2’) of the normal right of way line unless approved by a variance. The utility corridor will only be expanded beyond six feet (6’) if the original six feet (6’) corridor is fully utilized and additional space would be required to accommodate additional utility facilities. Acquisition of additional right of way to establish a twelve feet (12’) corridor is not required on highway construction projects. For depths for underground utility facilities, see [[#643.1.4.1_Minimum_Cover_for_Underground_Facilities|EPG 643.1.4.1]].&lt;br /&gt;
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Utility facilities crossing the roadway should be installed as close to ninety degrees (90°) to the centerline of the roadway as possible and based on the guidelines below depending on the type of roadway. See [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_3_TypicalUtilityCorridor-InterchangeatMajorRoute_AOD.pdf EPG Figure 643.1.3] and [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_4_TypicalUtilityCorridor-InterchangeatMinorRoute_AOD.pdf EPG Figure 643.1.4] for typical utility corridors around interchanges.&lt;br /&gt;
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===643.1.3.1 Interstate System or Other Major Freeways/Expressways===&lt;br /&gt;
The installation of all utility facilities on highways of the Interstate System or other major freeways/expressways with fully controlled access are to be installed, serviced, and maintained without entering or leaving the roadway and ramps except at points approved by MoDOT for that purpose and without parking any equipment or storing materials upon the medians, roadway and ramps, or shoulders of the roadways. Cutting or damaging the pavement or paved shoulders is not permitted. New service connections to existing parallel utility facilities are to be permitted only where an outer roadway exists and then only where access is permitted by the Commission. Careful consideration will be given to the location of guys, anchors, braces, and other supports. Generally, good design practice will provide that appurtenances be located at right of way jogs, along intersecting road right of way, or at other similar acceptable locations, so that encroachment is held to an absolute minimum.&lt;br /&gt;
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No utility facilities will be permitted within the interchange limits of an interchange between fully limited access highways where planned or existing. Utility facilities within the interchange limits of an interchange with a non-access controlled highway will be permitted only along the minor road, provided that all construction, service, and maintenance can be performed from the minor road. Manholes and poles must be located beyond the ramp termini.&lt;br /&gt;
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For structures carrying or over interstates or other major freeways/expressways, see [[#643.1.5_Bridge_Attachment_Policy|EPG 643.1.5]].&lt;br /&gt;
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====643.1.3.1.1 Utility Facilities Crossing the Interstate or Other Major Freeways/Expressways====&lt;br /&gt;
=====643.1.3.1.1.1 Overhead Crossings of the Interstate or Other Major Freeways/Expressways=====&lt;br /&gt;
Overhead crossings of utility facilities are permitted only for power transmission and distribution lines and for multiple circuit communication lines where an underground installation is not economically feasible. Supports for existing utility facilities crossing overhead may remain on the right of way provided they are near the right of way line regardless of the presence of an outer road. Supports for new overhead utility facilities crossing overhead may be located on the right of way near the right of way line where an outer roadway exists and are to be located off the right of way where no outer roadway exists. Overhead service crossings are only permitted in isolated cases for residential or commercial establishments when the denial of the crossing would require construction of more than 1,200 feet (1,200’) of utility line to provide the service. Main or distribution line crossings are required to serve a general area other than isolated cases.&lt;br /&gt;
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=====643.1.3.1.1.2 Underground Crossings of the Interstate or Other Major Freeways/Expressways=====&lt;br /&gt;
Underground crossings of utility facilities are to be continuously encased under the pavement, medians, ramps, and shoulders with the casing extending to the toe of the fill slopes or to the ditch line. In curbed sections, encasement should extend outside the outer curb of the roadways a distance equal to the depth of the encasement at the curb line. Where installed by open trench through unpaved areas, detector tape should be placed approximately one foot (1&#039;) above the encasement. Where an interstate or other major freeway has a parallel outer roadway, encasement should be continuous under all roadways within the right of way.&lt;br /&gt;
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Manholes or vent pipes are to be located at the right of way line or adjacent to the outer roadway.&lt;br /&gt;
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For fiber optic cable, encasement should extend from within six feet (6&#039;) of one right of way line to within six feet (6&#039;) of the other right of way line.&lt;br /&gt;
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Exceptions may be made for encasement as listed in [[#643.1.4.2_Exceptions_to_Encasement|EPG 643.1.4.2]].&lt;br /&gt;
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=====643.1.3.1.1.3 Parallel Installations along the Interstate or Other Major Freeways/Expressways=====&lt;br /&gt;
New parallel installations on the right of way may be permitted only where an outer roadway exists, provided that poles are within two feet (2&#039;) of the normal right of way line and underground utility facilities are within the utility corridor, and provided that the utility facility can be installed and maintained between the outer roadway and the right of way line. Existing overhead or underground utility facilities that parallel an existing roadway which will be incorporated into a completed highway as an outer roadway may remain in place if all maintenance and service can be performed from an outer roadway and the existing location does not interfere with construction, maintenance, or operation of the completed highway. If an existing parallel utility facility needs to be relocated so as to not interfere with the construction, maintenance, or operation of the completed interstate or other major freeway, poles may be located withing five feet (5’) of the right of way line.&lt;br /&gt;
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Underground utility facilities are expected to be buried within the utility corridor of sight distance triangles (SDTs) at roadway intersections unless granted a variance. Overhead utility facilities may be allowed to span intersecting roadways with SDTs provided the poles, or supports, are located outside the SDT.&lt;br /&gt;
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=====643.1.3.1.1.4 Sanitary Sewers within the Right of Way of Interstates or Other Major Freeways/Expressways=====&lt;br /&gt;
New installations of sanitary sewers should follow the applicable guidelines for either underground crossings or parallel installations as appropriate. Existing gravity trunk sanitary sewers should be considered individually and removed or left in place contingent upon its age, condition, feasibility of moving, and maintenance access. Encasement of existing trunk sewers left in place may be required for questionable condition, protection during construction, or heavy fills.&lt;br /&gt;
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Manholes should be relocated to the right of way lines or adjacent to an outer roadway.&lt;br /&gt;
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===643.1.3.2 Major Routes===&lt;br /&gt;
For structures carrying or over major routes, see [[#643.1.5_Bridge_Attachment_Policy|EPG 643.1.5]].&lt;br /&gt;
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====643.1.3.2.1 Major Routes with Partially Controlled Access Right of Way====&lt;br /&gt;
The installation of all utility facilities on highways with partially controlled access right of way are to be installed, serviced, and maintained without entering or leaving the roadway and ramps except at points approved by MoDOT for that purpose and without parking any equipment or storing materials upon the medians, roadway and ramps, or shoulders of the roadways. Cutting or damaging the pavement or paved shoulders is not permitted. Equipment or materials stored within the right of way must be protected by longitudinal barrier or be located outside the clear zone. New service connections to existing parallel utility facilities are to be permitted only where granted by the Commission.&lt;br /&gt;
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No utility facilities will be permitted within the interchange limits of an interchange between fully limited access highways where planned or existing. Utility facilities within the interchange limits of an interchange with a non-access controlled highway will be permitted only along the minor road, provided that all construction, service, and maintenance can be performed from the minor road. Manholes and poles must be located beyond the ramp termini.&lt;br /&gt;
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====643.1.3.2.2 Major Routes with Normal Access Right of Way====&lt;br /&gt;
All new utility facilities will be installed and maintained without cutting or damaging the pavement or paved shoulders except in the event underlying rock formations or other obstructions are encountered that prevent boring or pushing operations. A variance may be granted for pavement cuts when the need is established. Pavement cuts may only be made by permits issued when it is impractical to otherwise service and maintain the facility. The installation of all utility facilities is to be installed without parking any equipment or storing materials upon the medians, roadway and ramps, or shoulders of the roadways. Equipment or materials stored within the right of way must be protected by longitudinal barrier or be located outside the clear zone.&lt;br /&gt;
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====643.1.3.2.3 Utility Facilities Crossing Major Routes====&lt;br /&gt;
=====643.1.3.2.3.1 Overhead Crossings of Major Routes=====&lt;br /&gt;
Supports for utility facilities crossing overhead should be located as near the right of way line as possible. For major routes with controlled access right of way, new overhead service crossings may be permitted in isolated cases for residential or commercial establishments where the denial of such crossings would require the construction of more than 1,200 feet (1,200’) of utility line to provide the same service. For major routes with normal access right of way, there is no restriction on the placement of service crossings.&lt;br /&gt;
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=====643.1.3.2.3.2 Underground Crossings of Major Routes=====&lt;br /&gt;
Underground crossings of utility facilities are to be continuously encased under the pavement, medians, ramps, and shoulders with the casing extending to the toe of the fill slopes or to the ditch line. In curbed sections, encasement should extend outside the outer curb of the roadways a distance equal to the depth of the encasement at the curb line. Where installed by open trench through unpaved areas, detector tape should be placed approximately one foot (1&#039;) above the encasement. Where a major route has a parallel outer roadway, encasement should be continuous under all roadways within the right of way.&lt;br /&gt;
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Manholes or vent pipes are to be located at the right of way line or adjacent to the outer roadway.&lt;br /&gt;
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For fiber optic cable, encasement should extend from within six feet (6&#039;) of one right of way line to within six feet (6&#039;) of the other right of way line.&lt;br /&gt;
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Exceptions may be made for encasement as listed in [[#643.1.4.2_Exceptions_to_Encasement|EPG 643.1.4.2]].&lt;br /&gt;
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====643.1.3.2.4 Parallel Installations along Major Routes====&lt;br /&gt;
New parallel installations on the right of way may be permitted provided that poles are within two feet (2&#039;) of the normal right of way line and underground utility facilities are within the utility corridor. Existing overhead or underground utility facilities that parallel an existing roadway which will be incorporated into a completed highway may remain in place if all maintenance and service can be performed without entering or leaving the roadway except at approved access points; without parking equipment or storing materials on the median, pavement, ramps, or shoulders; and the existing location does not interfere with construction, maintenance, or operation of the completed highway. If an existing parallel utility facility needs to be relocated so as to not interfere with the construction, maintenance, or operation of the completed highway, poles may be located withing five feet (5’) of the right of way line.&lt;br /&gt;
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Existing steel pipe transmission and distribution facilities for gaseous petroleum products that parallel an existing roadway that will be incorporated into the completed roadway may be left in place subject to an agreement by the utility owner that maintenance or service and facility expansion will be performed without cutting or damaging the pavement or interfering with the construction, maintenance, and operation of the highway and provided that the facility is cathodically protected against corrosion and meets the applicable material requirements.&lt;br /&gt;
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Underground utility facilities are expected to be buried within the utility corridor of sight distance triangles (SDTs) at roadway intersections unless granted a variance. Overhead utility facilities may be allowed to span intersecting roadways with SDTs provided the poles, or supports, are located outside the SDT.&lt;br /&gt;
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====643.1.3.2.5 Sanitary Sewers within the Right of Way of Major Routes====&lt;br /&gt;
New installations of sanitary sewers should follow the applicable guidelines for either underground crossings or parallel installations as appropriate. An existing gravity trunk sanitary sewer should be considered individually and removed or left in place contingent upon its age, condition, feasibility of moving, and maintenance access. If an existing parallel gravity main is left in place within the limits of the paved surface, paved shoulder lines, or curb lines, stub mains as required will be laid between the sewer main and curb or shoulder lines for future service connections in each block. Manholes should be relocated outside the traveled roadway as near the right of way line as practical.&lt;br /&gt;
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===643.1.3.3 Minor Routes===&lt;br /&gt;
For structures carrying or over minor routes, see [[#643.1.5_Bridge_Attachment_Policy|EPG 643.1.5]].&lt;br /&gt;
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====643.1.3.3.1 Utility Facilities Crossing Minor Routes====&lt;br /&gt;
=====643.1.3.3.1.1 Overhead Crossings of Minor Routes=====&lt;br /&gt;
Existing overhead crossings that interfere with construction, maintenance, or operation should be relocated with their supports as near the right of way line as is practical. New overhead crossing installations should be located with their supports as near the right of way line as is practical.&lt;br /&gt;
&lt;br /&gt;
=====643.1.3.3.1.2 Underground Crossings of Minor Routes=====&lt;br /&gt;
All new utility facilities should be installed and maintained without cutting or damaging the pavement or paved shoulders. A variance may be granted for pavement cuts when servicing and maintaining the facility by any other methods is impractical. Pavement cuts may only be made by permits issued. Underground crossings of utility facilities are to be continuously encased under the pavement, medians, ramps, and shoulders with the casing extending to the toe of the fill slopes or to the ditch line. In curbed sections, encasement should extend outside the outer curb of the roadways a distance equal to the depth of the encasement at the curb line. Where installed by open trench through unpaved areas, detector tape should be placed approximately one foot (1&#039;) above the encasement.&lt;br /&gt;
&lt;br /&gt;
Manholes or vent pipes are to be located at the right of way line or adjacent to the outer roadway.&lt;br /&gt;
&lt;br /&gt;
For fiber optic cable, encasement should extend from within six feet (6&#039;) of one right of way line to within six feet (6&#039;) of the other right of way line.&lt;br /&gt;
&lt;br /&gt;
Exceptions may be made for encasement as listed in [[#643.1.4.2_Exceptions_to_Encasement|EPG 643.1.4.2]].&lt;br /&gt;
&lt;br /&gt;
====643.1.3.3.2 Parallel Installations along Minor Routes====&lt;br /&gt;
New parallel installations on the right of way may be permitted provided that poles are within two feet (2&#039;) of the normal right of way line and underground utility facilities are within the utility corridor. Existing overhead or underground utility facilities that parallel an existing roadway which will be incorporated into a completed highway may remain in place if all maintenance and service can be performed without entering or leaving the roadway except at approved access points; without parking equipment or storing materials on the median, pavement, ramps, or shoulders; and the existing location does not interfere with construction, maintenance, or operation of the completed highway. If an existing parallel utility facility needs to be relocated so as to not interfere with the construction, maintenance, or operation of the completed highway, poles may be located within five feet (5’) of the right of way line.&lt;br /&gt;
&lt;br /&gt;
Underground utility facilities are expected to be buried within the utility corridor of sight distance triangles (SDTs) at roadway intersections unless granted a variance. Overhead utility facilities may be allowed to span intersecting roadways with SDTs provided the poles, or supports, are located outside the SDT.&lt;br /&gt;
&lt;br /&gt;
====643.1.3.3.3 Sanitary Sewers within the Right of Way of Minor Routes====&lt;br /&gt;
New installations of sanitary sewers should follow the applicable guidelines for either underground crossings or parallel installations as appropriate. An existing gravity trunk sanitary sewer should be considered individually and removed or left in place contingent upon its age, condition, feasibility of moving, and maintenance access. If an existing parallel gravity main is left in place within the limits of the paved surface, paved shoulder lines, or curb lines, stub mains as required will be laid between the sewer main and curb or shoulder lines for future service connections in each block. Manholes should be relocated outside the traveled roadway.&lt;br /&gt;
&lt;br /&gt;
===643.1.3.4 Roundabouts===&lt;br /&gt;
Regardless of roadway type, it is desirable to avoid locating utility facilities and their access points within the circulatory roadway. If possible, utility facilities are located in the legs of the roundabout to allow for future maintenance and access at an isolated leg versus affecting the entire roundabout. See [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_5_TypicalLocationofUtilityFacilitiesnearRoundabouts_AOD.pdf EPG Figure 643.1.5] for an example.&lt;br /&gt;
&lt;br /&gt;
===643.1.3.5 Utility Facilities in Scenic Enhancement Areas===&lt;br /&gt;
All existing utility facilities within the limits of a scenic enhancement area requiring adjustment because of construction or reconstruction will be placed underground or relocated beyond the limits of the scenic enhancement area. No new above ground facilities will be permitted. New underground facilities will be permitted provided they do not extensively alter or impair the appearance of the area.&lt;br /&gt;
&lt;br /&gt;
==643.1.4 Installation of Utility Facilities==&lt;br /&gt;
The following sections provide information on the physical installation of utility facilities within highway right of way.&lt;br /&gt;
&lt;br /&gt;
===643.1.4.1 Minimum Cover for Underground Facilities===&lt;br /&gt;
The minimum cover for new underground utilities is:&lt;br /&gt;
* Forty-two inches (42”) for all water lines (parallel and crossings).&lt;br /&gt;
* Forty-two inches (42”) for fiber optic cable (crossings encased in rigid conduit).&lt;br /&gt;
* Seventy-two inches (72”) for fiber optic cable (crossings encased in polyethylene (PE) pipe).&lt;br /&gt;
* Thirty inches (30”) for direct burial and in trench fiber optic cable (parallel).&lt;br /&gt;
* Twenty-four inches (24”) for all other direct burial copper or coaxial cable, (parallel).&lt;br /&gt;
* Seventy-two inches (72”) for uncased polyethylene (PE) gas pipe crossings under ditches and roadways but thirty inches (30”) elsewhere.&lt;br /&gt;
* Thirty inches (30”) for all other (such as, but not limited to, gravity sewers, forced sewers, and electric) underground utilities (both parallel and crossing).&lt;br /&gt;
&lt;br /&gt;
===643.1.4.2 Exceptions to Encasement===&lt;br /&gt;
Exceptions may be made for encasement as follows:&lt;br /&gt;
* Non-fiber communication or electric cables installed in ducts.&lt;br /&gt;
* Welded steel pipelines carrying gaseous or liquid petroleum products - provided they are cathodically protected against corrosion, triple-coated in accordance with accepted pipeline construction standards, and meet applicable material requirements.&lt;br /&gt;
* Natural gas distribution pipe (nominal six-inch (6”) diameter maximum) of polyethylene (PE) plastic, traceable, installed by a horizontal bore method at a minimum depth of seventy-two inches (72”) under ditches and roadways, constructed in accordance with and meeting applicable material requirements.&lt;br /&gt;
* Gas service connections protected and constructed in accordance with and meeting applicable material requirements.&lt;br /&gt;
* Encasement is not required for new trunk sanitary sewer crossings of vitrified clay, reinforced concrete or cast iron except when installation procedures would produce voids in the roadbed, heavy fills, or installations under pressure.&lt;br /&gt;
&lt;br /&gt;
===643.1.4.3 Above Ground or Ground Level Appurtenances===&lt;br /&gt;
Appurtenances protruding more than four inches (4”) above the ground line should be located outside the clear zone. If no feasible alternative exists and if permitted by a variance, appurtenances may be allowed within the clear zone if they meet breakaway criteria or will be shielded by a traffic barrier. Good design practice will provide that appurtenances be located at right of way jogs, along intersecting road right of way, or at other similar acceptable locations, so that encroachment is held to an absolute minimum. Cables, wires, small diameter pipes, and other such utility appurtenances extending from the surface of the ground should be equipped with covers or guards to improve their visibility. Appurtenances within sidewalks or street level pedestrian access routes are to be in conformance with the Americans with Disabilities Act requirements.&lt;br /&gt;
&lt;br /&gt;
The maximum pull box width perpendicular to the right of way line within the utility corridor is thirty inches (30”).&lt;br /&gt;
&lt;br /&gt;
===643.1.4.4 Overhead Utility Facilities===&lt;br /&gt;
The vertical clearance of new or existing overhead installations will not be less than the current minimum requirements of the National Electric Safety Code, but in no case less than eighteen feet (18’) inclusive of sag above the groundline for electrical facilities. Clearance may be reduced for overhead installations of cable, telephone, or fiber optic facilities.&lt;br /&gt;
A minimum radial clearance of twenty-five feet (25’) is provided from any utility facility to the nearest part of any bridge structure. A minimum radial clearance of ten feet (10’) is provided from the nearest charged electrical line to a MoDOT signal, lighting, ITS, or overhead sign structure.&lt;br /&gt;
&lt;br /&gt;
===643.1.4.5 Approved Materials===&lt;br /&gt;
Utility owners are allowed to use any material for underground utility facilities including carrier and encasement provided they accept responsibility for any future repairs and/or replacement of damaged MoDOT facilities should a failure occur. This will allow the use of current technology and procedures to provide the best value to its subscribers and the taxpayers of Missouri. For materials that MoDOT also uses in its highway system, utility owners must provide materials that meet the current [https://www.modot.org/missouri-standard-specifications-highway-construction Missouri Standard Specifications for Highway Construction]. For materials not listed in the Missouri Standard Specifications for Highway Construction, the utility owner should provide documentation of the standards used to determine suitability of the material.&lt;br /&gt;
&lt;br /&gt;
===643.1.4.6 Cutting===&lt;br /&gt;
In the event permission is granted to cut an existing concrete or asphalt pavement or sidewalk, the appropriate provisions below should be followed.&lt;br /&gt;
&lt;br /&gt;
====643.1.4.6.1 Pavement====&lt;br /&gt;
All pavement cuts should be made with a saw to the full depth of the pavement. The width of the cut is typically determined by the width of the trench plus a minimum one foot (1’) on each side of the trench. In the event the distance to any adjacent longitudinal or transverse joint or crack is less than four feet (4’), the pavement must be removed to the joint or crack. Cuts for perpendicular service tie-ins should be a minimum of three feet (3’) wide. Longitudinal main installations are typically cut at a minimum of half the lane width, but in no instance should the cut be along the wheel path of the lane.&lt;br /&gt;
[[File:fig_643.1.6-06_2026.jpg|800px|none|thumb|Figure 643.1.6 Pavement Repair Dimension Requirements.]]&lt;br /&gt;
&lt;br /&gt;
The utility facilities should be placed in a location with the least impact to the roadway. Typically, this leads to placement in the shoulder when available followed by the two-way left turn lane (TWLTL), and then outside lanes before allowing placement in interior through lanes. Lane switching should be kept to a minimum and should not be used to minimize repair sizes. Cuts for mains or service leads that may not be perpendicular to the roadway should be squared-off.&lt;br /&gt;
&lt;br /&gt;
Replacement of cut pavement should be full depth concrete in accordance with the current version at the time of installation of Section 613.10 Full Depth Pavement Repairs of the Missouri Standard Specifications for Highway Construction and the Missouri Standard Plans for Highway Construction. If the area of the pavement repair is not to be fully resurfaced all joints including the overcut from the sawing operation should be filled with an expansive mortar, epoxy, polyester, or joint material as approved by the Engineer in accordance with Section 1057 of the Missouri Standard Specifications for Highway Construction.&lt;br /&gt;
&lt;br /&gt;
====643.1.4.6.2 Pedestrian Access Routes====&lt;br /&gt;
All cuts in the pedestrian access routes whether asphalt or concrete should be made by saw and be the full depth of the material. Entire slabs of concrete sidewalk should be removed. Repair of the pedestrian access route must meet Americans with Disability Act requirements, see [[:Category:642_Pedestrian_Facilities|EPG 642]]. Cuts through curb ramps or detectable warning areas are not permitted. Rather the entire curb ramp or detectable warning area must be removed and replaced. MoDOT district ADA contacts can help ensure ADA compliance of impacted pedestrian access routes.&lt;br /&gt;
&lt;br /&gt;
===643.1.4.7 Non-disturbance Areas===&lt;br /&gt;
MoDOT has certain areas of right of way where mowing, spraying, digging, or other vegetation disturbance activities are restricted. These areas have been established to mitigate the environmental impacts of a previous project and should be avoided. If the areas cannot be avoided, contact MoDOT’s Environmental Section.&lt;br /&gt;
&lt;br /&gt;
==643.1.5 Bridge Attachment Policy==&lt;br /&gt;
No utility facility will be permitted in or on a structure carrying an interstate or other freeway unless it is part of a federal requirement or for MoDOT’s use. When the structure carries any other road type and no other practical means exists for the crossing, wires (communication, electrical, fiber, or metal) will be permitted. Electrical lines must be located to cause minimum exposure to MoDOT maintenance personnel and the public. Pressurized pipelines for gas or other petroleum products and water and all sewer lines are prohibited on all structures due to the risks associated with their failure.&lt;br /&gt;
&lt;br /&gt;
===643.1.5.1 Agreement===&lt;br /&gt;
An agreement is required for all utility facilities attached to any structure. A charge will be made for the increased maintenance costs involved. This fee is set by the Bridge Division. When permitted, a 50-year occupational agreement is executed with the utility owner. Agreement BR04 Utility Attachment Agreement is used when an attachment is added to a bridge during its construction. Agreement BR09 Bridge Attachment Agreement is used when an attachment is added to an existing bridge.&lt;br /&gt;
&lt;br /&gt;
===643.1.5.2 Requests===&lt;br /&gt;
Requests to attach facilities to structures is a multi-step process. Bridge Division is responsible for approval of the bridge attachment. If at any point in the process, Bridge Division determines the attachment to be unacceptable, a reason is to be provided.&lt;br /&gt;
&lt;br /&gt;
To start, the utility owner submits a conceptual request to the district utilities staff. The conceptual request consists of an explanation of the proposal; a general location sketch (i.e., which side of the bridge); and details on the facility, length, and weight per foot when full. The district utilities staff should work with all relevant district personnel including the District Bridge Engineer in reviewing and recommending the attachment. The district utilities staff will submit the recommended details to the Bridge Division to determine the applicable costs including future maintenance costs and for attachments to new bridges, design and construction. Once the Bridge Division has determined the cost, the district utilities staff shares the cost with the utility owner for their concurrence with furthering the process. For new bridges, if the utility owner concurs with the costs, the district utility staff will prepare the BR04 Agreement for execution by the utility owner and the Commission. MoDOT will be responsible for the design and construction of attachments to new bridges. For existing bridges, the district utilities staff will forward the applicable as-built bridge plans to the utility owner for its use in designing the bridge attachment. The utility owner will provide detailed design drawings, signed and sealed by a professional engineer in the State of Missouri, to the district utilities staff for review. The district utilities staff should work with all relevant district personnel, including the District Bridge Engineer, in reviewing and recommending the details of the attachment to the Bridge Division. Once Bridge Division approves, the Bridge Division will prepare the BR09 Agreement for execution by the utility owner and the Commission. The utility owner is responsible for the construction of attachments to existing bridges. A flow chart, [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_7_BridgeAttachementProcess_AOD.pdf EPG Figure 643.1.7], of the process is available.&lt;br /&gt;
&lt;br /&gt;
Payment from the utility owner for the attachment will be sent to Financial Services by district utilities staff. For BR04 agreements, district utilities staff should discuss with Financial Services how to get the payment credited to the project constructing the attachment. For BR09 agreements, district utilities staff should copy Bridge Division on correspondence with Financial Serves. Checks should be made payable to Director of Revenue, Credit State Road Fund.&lt;br /&gt;
&lt;br /&gt;
For requests from government entities such as cities, counties, and other municipalities, the requested information should be submitted to Bridge Division as described above. However, the district utilities staff will take the lead in preparing the DE10 County Agreement or DE11 Municipal Agreement, as applicable, with input from Bridge Division and Bridge Maintenance. All fees are waived for government entities.&lt;br /&gt;
&lt;br /&gt;
===643.1.5.3 Considerations===&lt;br /&gt;
The following considerations are made in determining the acceptability of a bridge attachment. Unique situations will be discussed with the Bridge Division as required.&lt;br /&gt;
&lt;br /&gt;
====643.1.5.3.1 Bridge Asset Management Program====&lt;br /&gt;
Requests for bridge attachments should be reviewed for consistency with the district’s upcoming bridge asset management program needs. If a structure is due for rehabilitation or replacement in the near future, information should be provided to the utility owner indicating existing remaining life of the bridge. In some instances, it may be in MoDOT’s best interest to deny the request for attachment outright. In some instances, the utility owner may still choose to pursue the short-term attachment to the existing structure. In almost all cases, the utility owner is responsible for the cost of removing and/or relocating their utility facilities for a necessary repair, widening, improvement or reconstruction of the structure. Review existing agreements for cost responsibility for current attachments.&lt;br /&gt;
&lt;br /&gt;
====643.1.5.3.2 Aesthetics====&lt;br /&gt;
In reviewing a request for a bridge attachment, how the structure is viewed by the public will be considered. For example, is the structure over a scenic stream that is extensively used by canoeists, or does the structure span a road that may provide access to a park, campgrounds, or boat launching facilities? Is the structure a grade separation where the motoring public will see the attachment before they pass under it?&lt;br /&gt;
&lt;br /&gt;
====643.1.5.3.3 Method of Attachment====&lt;br /&gt;
In order to maintain structural integrity of any structures the following requirements will apply for attachments.&lt;br /&gt;
&lt;br /&gt;
=====643.1.5.3.3.1 Welding=====&lt;br /&gt;
Welding of hardware to structural steel members (i.e., flanges, webs, stiffeners, and diaphragms) whether in tension or compression is not permitted.&lt;br /&gt;
&lt;br /&gt;
=====643.1.5.3.3.2 Drilling=====&lt;br /&gt;
Drilling holes in any structural steel member is not permitted. Drilling holes for anchors into any prestressed concrete member is not permitted. Although permitted, drilling holes for anchors into the underside of bridge decks must be done with caution. It is recommended all anchors be installed to miss deck reinforcing steel. Generally, drilling into decks will not be allowed where sonotubes were used (voided slab bridges). The depth of the holes should be such that breaking out of the concrete on the top side of the deck does not occur.&lt;br /&gt;
&lt;br /&gt;
=====643.1.5.3.3.3 Corrosion=====&lt;br /&gt;
Attachment hardware will be new, properly coated to prevent corrosion or be of a non-corrosive material, and be designed to support the facility.&lt;br /&gt;
&lt;br /&gt;
====643.1.5.3.4 Location====&lt;br /&gt;
In general, attachments are made on the underneath side of the bridge deck. The condition of the bridge deck will dictate the location of the attachment supports. An exception may be attachments to trusses or other overhead structures.&lt;br /&gt;
&lt;br /&gt;
Attachments that may require manholes in bridge decks are not allowed.&lt;br /&gt;
&lt;br /&gt;
When attachments are required to structures over streams that may carry large drifts, they must be attached to the downstream side of the structure and above the lowest superstructure element. It is preferred to locate the attachment on the outside of the exterior girder. If aesthetics are a concern, a better appearance can be achieved by having the attachment made to the inside of the exterior girder and above the bottom of the lower flange to hide the conduit and the attaching hardware.&lt;br /&gt;
&lt;br /&gt;
Placement of utilities must not prevent the removal of old paint, the application of new paint on superstructure steel, or cause debris buildup, which could cause structural deterioration.&lt;br /&gt;
&lt;br /&gt;
====643.1.5.3.5 Construction and Maintenance====&lt;br /&gt;
If the attachment cannot be built while maintaining one (1) lane of traffic on the structure, it will not be allowed.&lt;br /&gt;
&lt;br /&gt;
Construction procedures that severely impact traffic may factor into the allowable location of the attachment on the structure.&lt;br /&gt;
&lt;br /&gt;
When scaffolding is to be attached or supported by bridge rails, bridge superstructure, or bridge substructure, the procedures for construction of the attachment must be reviewed.&lt;br /&gt;
&lt;br /&gt;
The utility owner or local entity will pay for, or be responsible for, the painting of the attachment, if necessary, when the bridge requires painting.&lt;br /&gt;
&lt;br /&gt;
==643.1.6 Private Lines==&lt;br /&gt;
Private lines are permitted to cross the right of way of a highway in the same manner as outlined for all utility facilities in above sections of this article. Parallel installations along the right of way of a highway are not permitted. Special conditions at a specific location that make adherence to this policy impractical will be submitted to the Chief Engineer for consideration of an acceptable alternative. In certain situations, it may be necessary to obtain approval from the Federal Highway Administration (FHWA) before approval to use the alternative can be given to the private utility owner.&lt;br /&gt;
&lt;br /&gt;
==643.1.7 Water and Sewer Separations==&lt;br /&gt;
The Missouri Department of Natural Resources (MoDNR) Safe Drinking Water Commission via 10 CSR 60-10 and Clean Water Commission via 10 CSR 20-8 govern the design of water and sewer lines in the vicinity of one another. Basic criteria are outlined below for information, and details are contained within the regulations. MoDOT is not responsible for providing or acquiring adequate right of way for utility owners to comply with MoDNR requirements.&lt;br /&gt;
&lt;br /&gt;
===643.1.7.1 Water and Sewer Separations===&lt;br /&gt;
====643.1.7.1.1 Horizontal====&lt;br /&gt;
Sanitary and storm sewers are to be laid at least ten feet (10’) horizontally measured from outside edge to outside edge from any existing or proposed water main. In cases where it is not practical to maintain ten feet (10’) of separation, installation of the water main closer to the sewer is acceptable where the water main is installed in a separate trench or on an undisturbed earth shelf located on one (1) side of the sewer at an elevation so the bottom of the water main is at least eighteen inches (18”) above the top of the sewer.&lt;br /&gt;
&lt;br /&gt;
===643.1.7.2 Crossings===&lt;br /&gt;
Water mains are to be laid to provide a minimum vertical distance of eighteen inches (18”) vertically measured outside edge to edge from sanitary or storm sewers. This is the case whether the water main is above or below the sewer. One (1) full length of water pipe must be located so both joints will be as far from the sanitary or storm sewer line as possible. Special structural support for the water main or sanitary or sewer main may be required.&lt;br /&gt;
&lt;br /&gt;
===643.1.7.3 Exception===&lt;br /&gt;
When it is impossible to obtain proper horizontal and vertical separation as stipulated, the sewer will be designed and constructed equal to water pipe and will be pressure-tested to assure it is watertight prior to backfilling.&lt;br /&gt;
&lt;br /&gt;
===643.1.7.4 Water Supply Interconnections===&lt;br /&gt;
No physical connection is permitted between a public or private potable water supply system and any sanitary or storm sewer or appurtenance that would permit the passage of any sewage or polluted water into the water supply. No water pipe is permitted to pass through or come in contact with any part of a sanitary sewer manhole.&lt;br /&gt;
&lt;br /&gt;
===643.1.7.5 Water Works Structures===&lt;br /&gt;
Sewers are not permitted to be installed within fifty feet (50’) in any direction from any existing or proposed public water supply well or other water supply sources or structures.&lt;br /&gt;
&lt;br /&gt;
==643.1.8 Variances==&lt;br /&gt;
Occasionally, it is impractical to locate a utility facility in accordance with requirements outlined in this article. MoDOT may consider a utility owner’s request for a variance from these requirements on a case-by-case basis. The utility owner should complete a [https://epg.modot.org/forms/general_files/DE/UtilityVarianceApprovalForm.docx Utility Variance Approval Form] to be submitted to MoDOT for consideration. Variances on the Interstate System require approval of the Federal Highway Administration (FHWA). A flow chart, [https://epg.modot.org/forms/general_files/DE/xx.pdf EPG Figure 643.1.8], of the variance process is available.&lt;br /&gt;
&lt;br /&gt;
A variance will not be permitted just for the convenience of the utility owner. The utility owner requesting a variance must provide all necessary information to properly evaluate if a variance should be approved. For example, a utility owner requesting a variance because “the utility corridor is full” must explore all reasonable options. It is suggested that the requestor pothole the existing utility corridor to confirm the location of existing utility facilities and provide that data to support the need to locate outside of the utility corridor due to its congestion.&lt;br /&gt;
&lt;br /&gt;
===643.1.8.1 Variance Process===&lt;br /&gt;
Any utility owner of a public utility facility may apply for a variance. The process for requesting a variance is as follows:&lt;br /&gt;
&lt;br /&gt;
====643.1.8.1.1 Submittal Requirements====&lt;br /&gt;
Utility owners submit to the district utilities staff a written request for a variance using the [https://epg.modot.org/forms/general_files/DE/UtilityVarianceApprovalForm.docx Utility Variance Approval Form]. The utility owner must clearly show the provision(s) or guideline(s) for which the variance is being requested; the condition(s) which the utility owner believes warrant(s) the granting of a variance; a thorough explanation of the reason(s) for the requested variance, including sufficient and appropriate documentation of safety, aesthetic, or constructability constraints that would be adverse to the function, access, or maintenance of the utility facility and not in the best interest of the public.&lt;br /&gt;
&lt;br /&gt;
====643.1.8.1.2 MoDOT Consideration of Variance Request====&lt;br /&gt;
The utility owner bears full responsibility for demonstrating to MoDOT’s satisfaction that the variance is the most appropriate way to serve the public interest. MoDOT may present to the utility owner and the utility owner must consider reasonable alternatives to the variance requested by the utility owner. In determining whether to grant a variance, district utilities staff will consider all relevant factors including, but not limited to: the requested variance is reasonably necessary for the convenience, safety, health, and/or welfare of the public; there is an exceptional or undue burden or hardship on the specific applicant; a physical impracticability that would result from the applicant’s adherence to the normal location requirements; and the requested variance will not impair the safe construction, maintenance, operation, and safety of public travel on the highway. District utilities staff may consult with the Design Liaison Engineer in evaluating variances.&lt;br /&gt;
&lt;br /&gt;
====643.1.8.1.3 Approval of Variances====&lt;br /&gt;
Once district utilities staff have agreed to accept a variance proposed by the utility owner, the [https://epg.modot.org/forms/general_files/DE/UtilityVarianceApprovalForm.docx Utility Variance Approval Form] and all supporting documentation is sent to the District Design Engineer (DDE) for approval. If a variance is on interstate right of way, the DDE-signed Variance Request Form and all supporting documentation is forwarded to the Design Liaison Engineer who will forward to FHWA for their concurrence.&lt;br /&gt;
&lt;br /&gt;
====643.1.8.1.4 Variance Appeal Informal Hearing====&lt;br /&gt;
If denied a variance, the utility owner has thirty (30) calendar days to request an informal hearing for the purpose of appealing the denial. Requests must be made in writing to the State Design Engineer, Missouri Department of Transportation, P.O. Box 270, Jefferson City, MO 65102. If the utility owner requests an informal hearing, MoDOT’s authorized representative will advise the applicant of the time, date, and place of the hearing. The hearing is not a contested case under RSMo 536. The rules of evidence will not apply at the hearing, and MoDOT’s decision after the conduct of the hearing is not subject to further appeal.&lt;br /&gt;
&lt;br /&gt;
==643.1.9 Excess Right of Way==&lt;br /&gt;
Prior to conveyance of excess right of way, the status of utility facilities within said parcel must be addressed. See [[236.5_Property_Management#236.5.12_Excess_Land_Conveyances_&amp;amp;_Relinquishments_–_Regulated_Utilities|EPG 236.5.12]].&lt;br /&gt;
&lt;br /&gt;
==643.1.10 Broadband==&lt;br /&gt;
Broadband development in the state of Missouri is handled by the Department of Economic Development (DED). MoDOT shares its approved Statewide Transportation Improvement Program (STIP) project list with DED. All MoDOT policies related to placement of utility facilities within Commission right of way as outlined in this EPG article 643.1 are to be followed.&lt;br /&gt;
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==643.2.1 Introduction==&lt;br /&gt;
Improvements to the highway system often require negotiation between the Commission and a city, a county, or a public or private utility owner. The Commission’s district utilities staff is responsible for coordination of highway improvement projects with the utility owner’s representative. The impact to a utility, the responsibility for the cost of adjustments necessary to allow highway construction, the plan of adjustment of the utility, the responsibility of performance of work on utility facilities, and the schedule of the utility adjustment are all items that vary depending on the project and should be investigated and negotiated to ensure highway improvement projects are delivered on-time and on-budget. These should comply with Commission policy. A flowchart [link here] outlining all the utility adjustment processes (reimbursable and non-reimbursable relocations, Master Reimbursable Utility Agreements and Project Specific Agreements, etc.) are available in the list of figures at the top of the page. These processes will not always be in combination, but each should be considered with each project.&lt;br /&gt;
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The district utilities staff, in conjunction with the Transportation Project Manager (TPM), is expected to invite and encourage participation of utility owner representatives in MoDOT project meetings as needed.&lt;br /&gt;
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When a project involves utility adjustments for which the Commission is responsible for costs, the TPM should program the costs of the utility adjustments as non-contractual construction costs in the STIP Information Management System (SIMS).&lt;br /&gt;
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==643.2.2 Annual Utility Meeting==&lt;br /&gt;
Each district should hold an annual meeting with utilities to discuss current STIP projects in the district. The annual meeting should be held during each year&#039;s STIP preparations, ideally between January and May. All utility owners that have utility facilities in the district should be invited. The intent is to provide the utility owners with an idea of upcoming projects to allow them the opportunity to plan and budget for potential adjustments of their utility facilities, identify both MoDOT and utility roadblocks, and develop action plans to complete utility adjustments better, faster, and cheaper.&lt;br /&gt;
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==643.2.3 Determination of Existing Utilities==&lt;br /&gt;
District utilities staff should determine the appropriate level of effort needed to accurately identify existing utilities within the footprint of a proposed highway construction project. Aboveground utilities are easily identifiable via field checks; however, determination of the precise location of underground utilities can be more challenging and time consuming. Therefore, the district utilities staff should balance the risk of conflict with the highway construction project against the level of effort needed to determine the location.&lt;br /&gt;
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The level of effort on mapping utilities is dependent on the scope of the project and the potential for utilities having an impact on the construction of the project. The project schedule should include the time to complete this task accurately. The time and effort necessary for having accurate locates requires close interaction with the utility locators. Early contact with utility owner representatives may be necessary to accurately locate underground utility facilities.&lt;br /&gt;
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Various methods of determining existing underground utilities result in different levels of quality. ASCE Standard 38 Standard Guidance for Investigating and Documenting Existing Utilities classifies four levels of quality:&lt;br /&gt;
:1. Quality Level D: QL-D is the most basic level of information for utility locations. It comes solely from existing utility records or verbal recollections, both typically unreliable sources. It may provide an overall &amp;quot;feel&amp;quot; for the congestion of utilities but is often highly limited in terms of comprehensiveness and accuracy. QL-D is useful primarily for project planning and route selection activities.&amp;lt;br&amp;gt;&lt;br /&gt;
: Missouri 811 or “private-locate” markings are to be considered to be QL-D.&lt;br /&gt;
:2. Quality Level C: QL-C is probably the most used level of information. It involves surveying visible utility facilities (e.g., manholes, valve boxes, etc.) and correlating this information with existing utility records (QL-D information). When using this information, it is not unusual to find that many underground utilities have been either omitted or erroneously plotted. Therefore, its usefulness is primarily on rural projects where utilities are not prevalent or are not too expensive to repair or relocate.&lt;br /&gt;
:3. Quality Level B: QL-B involves the application of appropriate surface geophysical methods to determine the existence and horizontal position of virtually all utilities within the project limits. This activity is called &amp;quot;designating&amp;quot;. The information obtained in this manner is surveyed to project control. It addresses problems caused by inaccurate utility records, abandoned or unrecorded utility facilities, and lost references. The proper selection and application of surface geophysical techniques for achieving QL-B data is critical. Information provided by QL-B can enable the accomplishment of preliminary engineering goals. Decisions regarding location of storm drainage systems, footers, foundations, and other design features can be made to avoid conflicts with existing utilities. Slight adjustments in design can produce substantial cost savings by eliminating utility relocations.&lt;br /&gt;
:4. Quality Level A: QL-A, also known as &amp;quot;locating or potholing&amp;quot;, is the highest level of accuracy presently available and involves the full use of the subsurface utility engineering services. It provides information for the precise plan and profile mapping of underground utilities through the nondestructive exposure of underground utilities, and provides the type, size, condition, material, and other characteristics of underground features.&lt;br /&gt;
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For projects with scopes that have potential for utility conflicts, the minimum level of effort required is SUE Quality Level D. Locations of existing utilities are determined by requesting locates through Missouri 811, also known as the “One-Call” process. Missouri 811 locating requests should be carefully considered for the scope of work of the project. When necessary, the location of existing utilities should be established by a field survey of locate markings and features and shown on the roadway plans. Higher level SUE Quality Levels can be used on any project. Adjustment cost savings, whether to the MoDOT or to the utility owner, are beneficial to the taxpayer. Good SUE projects are typically urban in nature, or in congested areas, where the project footprint is to be minimized, or anytime accurate vertical and horizontal location of the utility facility might allow a design to avoid the utility facility thus preventing the need for the adjustment. The SUE process combines civil engineering, surveying, and geophysics. It utilizes several technologies, including vacuum excavation and surface geophysics.&lt;br /&gt;
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When proposed excavation or installation of subsurface features (drainage, equipment bases, etc.) falls within three feet (3’) of a marked Missouri 811 line, soft digging (hand digging, potholing, vacuum methods, pressurized air/water jetting, pneumatic hand tools, etc.) is required to more exactly locate the utility facility both horizontally and vertically. Utility facilities present within the right of way by permit, should be investigated by the utility owner. Utility facilities that would be reimbursable or partially reimbursable as defined in EP 643.2.8 will be investigated by MoDOT.&lt;br /&gt;
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==643.2.4 Conflict Determination==&lt;br /&gt;
Determination of whether a conflict exists between an existing utility facility and a proposed highway improvement project should occur at the earliest possible stage of project development. A conflict may be the result of the physical interaction between the roadway infrastructure and utility facility, a reduction in cover or increase in fill over underground utilities, a reduction in horizontal clearance whether above or below ground, a reduction in overhead vertical clearance, paving over utilities, or restricting a utility owner’s access to its utility facilities. District utilities staff should work with utilities to determine if a conflict exists and the appropriate plan of adjustment to remedy the conflict. The adjustment to the utility may be a relocation or another measure that protects the utility or access to the utility from the proposed highway improvement project. Determination of a conflict needs to be continually re-evaluated as the project design progresses. Continuing coordination is essential.&lt;br /&gt;
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==643.2.5 Utility Plan of Adjustment==&lt;br /&gt;
===643.2.5.1 Request for Plan of Adjustment===&lt;br /&gt;
District utilities staff will request a plan of adjustment from utility owners whose utility facilities are in conflict with a proposed highway project. The plan of adjustment may consist of efforts to relocate the utility or otherwise protect a utility from the impacts of the proposed highway project. Utilities are shown on the roadway plan and profiles sheets that are furnished to utility owners for use in planning required utility adjustments. Any other sheets such as drainage, traffic signal, lighting, or ITS plans that show impacts to a utility facility should also be provided to the utility owners. All adjustments, reimbursable or not, require a plan of adjustment furnished by the utility owner.&lt;br /&gt;
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A transmittal letter is included in the request for a plan of adjustment. The letter informs the utility owner that regardless of whether an adjustment is reimbursable, no physical adjusting or relocating of their utility facilities to accommodate the proposed highway improvement is to be performed without specific approval and authorization. Additionally, if any part of the adjustment has the potential to be reimbursable, they are advised:&lt;br /&gt;
# They may undertake preliminary engineering by their own forces upon approval by district utilities staff of the estimated costs of preliminary engineering.&lt;br /&gt;
# They may employ a consultant to do the PE work provided they request and obtain prior approval. See [[#643.2.6_Preliminary_Engineering_Requirements|EPG 643.2.6 Preliminary Engineering Requirements]].&lt;br /&gt;
# Any preliminary engineering costs accrued prior to the date of written authorization to proceed will not qualify for reimbursement.&lt;br /&gt;
# Replacement right of way or easements cannot be purchased without specific approval and authorization.&lt;br /&gt;
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===643.2.5.2 Proposed Plan of Adjustment===&lt;br /&gt;
Developing a plan of adjustment is a multi-step process. The utility owner will propose a conceptual approach to adjusting the utility facilities to allow highway construction. This conceptual approach is used as the basis for determining cost responsibility, estimate of costs for preliminary engineering and construction, developing the agreement if necessary, and final design of the adjustment. Negotiations between district utility staff and the utility owner’s representative can result in changes to the design throughout the process.&lt;br /&gt;
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Final plans of adjustment must contain a legend on the first sheet identifying the utility symbols used. They must also show the existing utility facilities and their disposition, the location of the new or adjusted utility facilities, the existing and new right of way lines, the limited or fully controlled access symbols (where applicable), the existing and proposed roadways, ramps, and outer roadways and any other pertinent roadway information. They must contain sufficient details concerning location, elevation, compaction, clean up, etc. to provide for the proper adjustment of the utility facility. Relocated and/or existing utility facilities that will remain in place must be dimensioned or indicated in a manner to show their location in respect to the right of way lines. It is preferred that the utility owner transmits the plan of adjustment by electronic deliverables in a format that can be incorporated into the roadway plans. This will reduce the time and effort necessary as well as increase the accuracy of transferring this information into the roadway plans.&lt;br /&gt;
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Plans of adjustment received from the utility owner are to be checked for compliance with MoDOT’s requirements ([[#643.1_Utilities_Location|EPG 643.1 Utility Location]]) by the district utilities staff. They are also checked to ensure compatibility with the roadway design. Any continuing conflicts are resolved through negotiations with the utility owner.&lt;br /&gt;
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Occasionally, it is impractical to perform a utility adjustment in accordance with MoDOT’s requirements. Sometimes the utility may request approval of a plan of adjustment that does not conform to these requirements. Deviation from MoDOT’s utility requirements is a variance. Refer to [[#643.1.8_Variances|643.1.8 Variance Process]] for additional guidance.&lt;br /&gt;
The final plan of adjustment is included as Exhibit “A” to the agreement ([[#643.2.12_Utility_Agreements|EPG 643.2.12 Agreements]]).&lt;br /&gt;
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==643.2.6 Preliminary Engineering Requirements==&lt;br /&gt;
Preliminary engineering (PE) can be performed one of four ways for utility adjustments:&lt;br /&gt;
# The utility owner can use its own engineering forces.&lt;br /&gt;
# MoDOT can select an engineering consultant, after consultation with the utility owner, and the consultant contract will be administered by MoDOT.&lt;br /&gt;
# The utility owner can select an engineering consultant, with approval by MoDOT, and the consultant contract will be administered by the utility owner.&lt;br /&gt;
# If a utility adjustment is being included in a MoDOT administered construction contract, the preliminary engineering of the adjustment can be provided by MoDOT.&lt;br /&gt;
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For reimbursable utility adjustments, the amount paid to engineers, architects, and others for required engineering and allied services can be included in reimbursement amount provided such amounts are not based on a percentage of the costs of the necessary adjustments to allow highway construction. Reimbursement is available for contracts executed after solicitation of a consultant for the specific adjustment or existing continuing contracts when it is demonstrated that such work is performed regularly for the utility owner in its own work and that the costs are reasonable.&lt;br /&gt;
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A [https://epg.modot.org/forms/general_files/DE/UtilityConsultantContractChecklist.docx checklist is available for reviewing consultant-engineering contracts] to ensure the contract conforms to MoDOT policy and complies with applicable federal regulations. District utilities staff should use the checklist to review contracts and may consult with Audits and Investigations Division as necessary. The procedures in 23 CFR part 172, Administration of Engineering and Design Related Service Contracts may be used as a guide for reviewing proposed consultant contracts. [[:LPA:136.4_Consultant_Selection_and_Consultant_Contract_Management|EPG 136.4 Consultant Selection and Consultant Contract Management]] may also be used as a guide.&lt;br /&gt;
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===643.2.6.1 Solicited Consultant Contracts===&lt;br /&gt;
If solicitation of PE services is required for reimbursable utility adjustments, the utility owner must provide the following documents and information to district utilities staff. These documents need to be provided as soon as the utility owner has chosen to solicit a consultant. Document 1 must be supplied by all utility owners. Documents 2 and 3 are only required when the utility owner is a local government agency who is also a political subdivision of the state of Missouri (e.g., city-owned utilities, county-owned utilities). All other utility owners are encouraged, but not required, to provide Documents 2 and 3:&lt;br /&gt;
# A statement that the utility owner is not staffed or able to perform the required PE services with its own forces.&lt;br /&gt;
# Provide the names of at least three (3) consultants considered.&lt;br /&gt;
# The criteria used to evaluate each consultant and reasons why the selected consultant was selected.&lt;br /&gt;
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The following documents need to be provided as soon as the utility owner has successfully negotiated and entered into a contract with the consultant:&lt;br /&gt;
# The name and address of the selected consultant.&lt;br /&gt;
# A statement that the &amp;quot;[https://epg.modot.org/forms/general_files/DE/CertificationOfConsultant.docx Certification of Consultant]&amp;quot; will be furnished immediately upon award of the contract to the consultant.&lt;br /&gt;
# One executed copy of the proposed engineering contract or agreement between the utility owner and consultant, only if the engineering will exceed $5,000.00.&lt;br /&gt;
# The consultant&#039;s fixed (lump sum) or estimated fee (actual cost) and the contract maximum.&lt;br /&gt;
# A cost summary providing a detailed breakdown of the basis for the consultant&#039;s compensation, including estimated labor hours, hourly rates for each classification, overhead rate (if used), the amount of profit charged, and any other estimated charges such as travel expenses, equipment rentals, etc. If an overhead rate is used, the consultant must also submit the supporting overhead rate calculations.&lt;br /&gt;
# An independent cost estimate of engineering services provided by the utility owner to use in comparison to the consultant’s proposed engineering services to check for cost reasonableness.&lt;br /&gt;
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===643.2.6.2 Continuing Consultant Contracts===&lt;br /&gt;
When a utility owner chooses to use an existing continuing contract for PE services, the utility owner must provide the following documents and information to the district utilities staff as soon as possible.&lt;br /&gt;
# A statement that the utility owner is not staffed or able to perform the engineering with its own forces.&lt;br /&gt;
# The name and address of the consultant under the existing continuing contract.&lt;br /&gt;
# A statement that the &amp;quot;[https://epg.modot.org/forms/general_files/DE/CertificationOfConsultant.docx Certification of Consultant&amp;quot;&amp;quot; will be furnished.&lt;br /&gt;
# A copy of the continuing contract to the district utilities staff. The district utilities staff will review the contract for reasonableness of cost.&lt;br /&gt;
# The consultant&#039;s fixed (lump sum) or estimated fee (actual cost) and the contract maximum for the work associated with the utility adjustment.&lt;br /&gt;
# A cost summary providing a detailed breakdown of the basis for the consultant&#039;s compensation, including estimated labor hours, hourly rates for each classification, overhead rate (if used), the amount of profit charged, and any other estimated charges such as travel expenses, telephone, etc. If an overhead rate is used, the consultant must also submit the supporting overhead rate calculations.&lt;br /&gt;
# An independent cost estimate of engineering services provided by the utility owner to use in comparison to the consultant’s proposed engineering services to check for cost reasonableness.&lt;br /&gt;
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===643.2.6.3 Consultant Contract Changes===&lt;br /&gt;
If a PE services contract between a utility owner and a consultant needs to be revised, a copy of the revised contract, fee, and schedule should be submitted by the utility owner to the district utilities staff prior to allowing for contract changes. District utilities staff should review the contract changes to ensure the revised contract conforms to MoDOT policy and complies with applicable federal regulations.&lt;br /&gt;
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==643.2.7 Environmental and Right of Way==&lt;br /&gt;
===643.2.7.1 Utilities and Environmental Clearances===&lt;br /&gt;
District utilities staff should coordinate with the TPM and utility owner’s representative to understand and communicate on known environmental and cultural constraints that could impact a utility owner’s plan of adjustment. This will allow the utility owner to consider permitting timelines and alternatives that avoid environmental or cultural resources to keep the project on schedule.&lt;br /&gt;
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One strategy to make project delivery more efficient and ensure regulatory compliance is for MoDOT to obtain the environmental and cultural resource permits and clearances for the utility owners associated with a roadway improvement while obtaining its own. This would generally only be for the permits and regulatory clearances MoDOT already needs to pursue as a part of the transportation improvement.&lt;br /&gt;
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District utilities staff should coordinate with the utility owner’s representative early in the project timeline to determine if it is in the best interest of both MoDOT and the utility owner to obtain permits and environmental clearances jointly. The following strategies can be utilized to determine if a joint approach to environmental work should be pursued:&lt;br /&gt;
* If utility facilities are moving to a location within or immediately adjacent to MoDOT right of way, a utility owner may be invited to participate in permitting and environmental compliance activities.&lt;br /&gt;
* If utilities move to a location not within or adjacent to MoDOT right of way, the utility company would not normally be invited to participate in permit applications and environmental compliance activities. However, some unique projects may necessitate further attention and should be discussed with the Design Liaison Engineer.&lt;br /&gt;
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If MoDOT and the utility owner agree to obtain joint permits and clearances, written communication between the utility owner’s representative and the district utilities staff should document the following items:&lt;br /&gt;
* List of the permits and clearances that MoDOT will acquire on behalf of the utility owner.&lt;br /&gt;
* List of the information needed from the utility owner in order for MoDOT to acquire the permits and clearances.&lt;br /&gt;
* Schedule and deadlines for submittal of the information by the utility owner. For example: utility plans, fill quantities, construction methods, dates, or seasons of construction.&lt;br /&gt;
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Permits and clearances that may be needed by both a utility owner and MoDOT include:&lt;br /&gt;
* [[127.7_Threatened_and_Endangered_Species|Endangered Species Act consultation and clearance]]&lt;br /&gt;
* [[127.2_Historic_Preservation_and_Cultural_Resources#127.2.1.1_Historic_Preservation_Regulations_and_Laws|Section 106 of the National Historic Preservation Act clearance]]&lt;br /&gt;
* [[127.10_Section_4(f)_Public_Lands|Section 4(f) clearance]]&lt;br /&gt;
* [[127.10_Section_4(f)_Public_Lands#127.10.1.4_Section_6(f)_Laws_and_Regulations|Section 6(f) of the Land and Water Conservation Fund Act clearance]]&lt;br /&gt;
* [[127.4_Wetlands_and_Streams|Section 401 and Section 404 of the Clean Water Act permits]]&lt;br /&gt;
* [[:Category:806_Pollution,_Erosion_and_Sediment_Control#806.1_Introduction_(see_Sec._806)|Section 402 of the Clean Water Act permit (State Operating Permit for Erosion Control)]]&lt;br /&gt;
* [[127.8_Hazardous_and_Solid_Waste|Recommendations on contaminated soil disposition]]&lt;br /&gt;
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===643.2.7.2 Right of Way Acquisition and Utilities===&lt;br /&gt;
The Commission is obligated to acquire the width of right of way required by the design of the highway improvement. For utility facilities currently located within the Commission’s right of way, this includes the necessary space for the utility facilities impacted by the design of the highway improvement. Either additional right of way width to accommodate a utility corridor or a utility easement can be obtained for the relocation of utility facilities. When drainage easements are acquired along a channel, additional space for utility facilities should be considered to avoid conflicts between the utility facility and the bridge or culvert.&lt;br /&gt;
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District utilities staff should inform the utility owner’s representative of the potential of a conflict between an existing utility facility and a proposed highway construction project early in the project development process to allow sufficient time for the utility owner to prepare a plan of adjustment and notify the district utilities staff of any easement needs. When utility facilities are located on a utility owner’s private easement, the utility owner may obtain its own new easements. If the utility owner is not in a position to negotiate for new easements or if the utility owner’s policies will not permit it to condemn property to obtain the easement, MoDOT can acquire the easement in the same manner roadway right of way is obtained. The district utilities staff should verify the utility owner is aware of the opportunity to have MoDOT acquire the easement, and the utility owner should provide written documentation on whether the utility owner would like to pursue this option with MoDOT.&lt;br /&gt;
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For situations where the utility owner will obtain its own replacement right of way and the cost of the adjustment is MoDOT’s responsibility, the utility right of way cost should be reviewed by the district right of way department to ensure the cost is reasonable and acquisition followed state and federal regulations. In order to expedite utility adjustments necessary to allow highway construction, the district utility staff may authorize the utility owner to obtain easements prior to all details of a plan of adjustment being developed. In this situation, the district utilities staff should ensure enough details are known to justify the needed right of way, and an agreement for right of way costs only should be executed with the utility owner.&lt;br /&gt;
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For situations where MoDOT will obtain the right of way necessary to allow highway construction, district utility staff should negotiate with the utility owner’s representative to ensure all necessary utility easements are shown on the approved right of way plans. The TPM should confirm with district utilities staff that the right of way plans accurately reflect the needs of the utility owners prior to requesting right of way plan approval. The district Right of Way Manager should confirm with district utilities staff before requesting an acquisition date (A-date). Every effort should be made to avoid adding utility easement requests once negotiations with property owners have begun.&lt;br /&gt;
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Occasionally, when negotiations cannot be completed for easements for the adjustment of utility facilities, it may be necessary to condemn for the property. District utilities staff should coordinate with the utility owner’s representative to ensure no alternate design for the adjustment of the utility facility is practical. The decision to condemn for easements for the adjustment of the utility facilities requires the exercise of good judgment in reaching the conclusion that further good faith negotiations are futile and condemnation is necessary to maintain the project in the scheduled letting. The TPM should coordinate with the district utilities staff and district Right of Way (RW) personnel on the condemnation proceedings.&lt;br /&gt;
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Easement and other right of way documents used with utility owners are handled in accordance with procedures established jointly with RW and district utilities staff. District survey staff prepare the land descriptions for use in utility easements. The district utilities staff is responsible for completion of the easements in the correct form and scope. A sketch delineating the area described is attached to the easement as Exhibit “A”. Communication with the Design Division will ensure use of proper forms, corporate names and locations, and particular wording required for joint ownerships. The description for a utility easement is to be referenced to the nearest land corner shown on the plans. Examples of easements can be found in the template list in [https://netprod3.dot.missouri/eAgreements/Search/QuickSearch eAgreements].&lt;br /&gt;
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In situations where MoDOT is acquiring right of way with existing utility easements, but the district utilities staff and the utility owner’s representative agree that the utility facility may remain in place, the utility owner will release the property to the Commission separate from the right of way acquisition. This is done by executing an Easement for Highway Construction (UT16). The utility owner grants and conveys, with warranty of title expressed or implied, to the Commission, the right to construct, reconstruct, and maintain a highway over and across that portion of the easement owned and held by the utility owner. In the future, the utility owner retains any reimbursable rights should future projects require adjustments to allow highway construction.&lt;br /&gt;
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==643.2.8 Cost Responsibility==&lt;br /&gt;
In addition to determining if a conflict exists between an existing utility facility and a highway improvement project, it is important to determine who is responsible for the costs of the necessary adjustments to allow highway construction. An adjustment for which the Commission is responsible for the costs is known as a reimbursable adjustment. An adjustment for which the Commission is not responsible for the costs is known as a non-reimbursable adjustment. An adjustment for which the Commission and the utility share responsibility for costs is known as a partially reimbursable adjustment. Adjustments determined to be reimbursable or partially reimbursable by the Commission are to be completed under the terms of an agreement executed between the utility owner and the Commission.&lt;br /&gt;
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===643.2.8.1 Commission Responsibility===&lt;br /&gt;
====643.2.8.1.1 Utility Facilities Located on Private Easements====&lt;br /&gt;
When the utility facility is located on a private easement within the new right of way to be acquired for a future project, the Commission is responsible for the cost of the necessary adjustments to allow highway construction. It may be possible that such easement does not have written easement rights. The Commission will honor this oral right provided acceptable documentation is provided by the utility owner to the district utilities staff. An [https://epg.modot.org/forms/general_files/DE/NonwrittenEasementRights_Example.docx example of acceptable documentation for not written easement rights] is available. Other forms of documentation will be considered on an individual basis.&lt;br /&gt;
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=====643.2.8.1.1.1 Future Moves=====&lt;br /&gt;
When the utility facility is located on a private easement, taken into the Commission’s right of way, the Commission may agree that any future moves of the same utility by Commission order may be made at the Commission’s cost. Documentation of this agreement is by an Easement for Highway Construction (UT16) agreement. If the Commission provides a substitute private easement, then the Commission will have future obligations consistent with the utility facility’s status in an easement.&lt;br /&gt;
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====643.2.8.1.2 Utility Facilities Located within Commission Right of Way====&lt;br /&gt;
When the utility facility is located within Commission right of way, but has prior land rights, the Commission is responsible for the cost of adjustments to allow highway construction. The utility owner is responsible for documenting to the satisfaction of the district utilities staff, the basis for the claim of prior land rights within Commission right of way. Time spent researching prior rights is considered coordination and is reimbursable.&lt;br /&gt;
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====643.2.8.1.3 City or County Utility Facilities on City or County Streets====&lt;br /&gt;
When roadway improvements are within the corporate limits of cities, towns, and villages, a municipal agreement is negotiated between the Commission and the municipality. Likewise, when roadway improvements are within the limits of a county and outside the municipal limits, a county agreement is negotiated between the Commission and the County Commission. Included in these agreements are provisions regarding reimbursement for adjusting city or county owned utility facilities. Reimbursement is provided for adjustment of city or county owned utility facilities that are now located on city or county streets and not on Commission right of way.&lt;br /&gt;
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====643.2.8.1.4 Lumen====&lt;br /&gt;
Lumen – National (formerly CenturyLink, Lightcore, or Digital Telephone, Inc. (DTI)) and the Commission have entered into a partnership agreement, “Amended and Restated Fiber Optic Cable on Freeways in Missouri,” executed June 5, 2003 which obligates the Commission to be responsible for the cost of the necessary adjustments to allow highway construction along the routes identified in the agreement. A copy of the agreement is available to district utilities staff.&lt;br /&gt;
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====643.2.8.1.5 Services to the Commission====&lt;br /&gt;
When a utility facility provides a service connection to local Commission facilities such as power to traffic signals, lighting, ITS, and cathodic protection and phone drops to traffic signal controllers or other Commission facilities, the Commission is responsible for the cost of the necessary adjustments to allow highway construction.&lt;br /&gt;
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====643.2.8.1.6 Private Service Lines====&lt;br /&gt;
While most utility owners reconnect the private service lines at no cost to the property owner, some do not. If a utility owner does not reconnect service lines, MoDOT can include adjustment of private service lines in roadway contracts. Bid items for relocating service connections are provided for the different types of anticipated adjustments.&lt;br /&gt;
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====643.2.8.1.7 Second Moves====&lt;br /&gt;
If the Commission requires additional work to a utility facility after the facility has been relocated or adjusted in accordance with a plan of adjustment approved by the Commission for a single project number, the Commission is responsible for the cost of the additional work regardless of whether the initial adjustment was Commission responsibility as outlined in other parts of [[643.2_Local_Utility_Adjustments_-_Public_and_Private#643.2.8.1_Federalizing_Funds_for_Preliminary_Engineering|643.2.8.1]].&lt;br /&gt;
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The purpose of the policy is to encourage utilities to relocate early rather than waiting until plans are published for bidding. The policy eliminates the utility having to relocate twice at its own expense because of late changes in the design. It is best to have utilities relocated prior to construction, and this policy helps achieve that goal. Therefore, it is imperative that the designer notifies district utilities staff as soon as possible of any changes made after these plans have been sent. If notified immediately, it may be possible to inform the utility owner prior to their final design thereby eliminating a second move.&lt;br /&gt;
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Under this policy, the following are not considered second moves. Temporary and staged relocations necessary to accommodate construction and agreed upon by the utility and the Commission prior to relocation are considered a single move and are not subject to the provisions of the second move policy. If the Commission requires adjustment of a utility facility for which the utility owner is responsible for the cost of the adjustment and was originally determined to not need adjustment, the utility owner is responsible for the cost of the adjustment. The utility owner is responsible for the cost of additional work to any portion of the utility facility after the utility facility has been adjusted in accordance with a plan of adjustment approved by the Commission if the additional work is required by the Commission due to error by the utility owner in preparation of plan of adjustment, field location of, or construction of the adjustment of the utility facility.&lt;br /&gt;
&lt;br /&gt;
When evaluating construction contract changes by change order or value engineering, the impacts of the second move policy should be considered.&lt;br /&gt;
&lt;br /&gt;
===643.2.8.2 Utility Owner Responsibility===&lt;br /&gt;
====643.2.8.2.1 Utility Facilities Owned and Operated by a Political Subdivision====&lt;br /&gt;
When a utility facility is located within Commission right of way, but does not have prior land rights, the utility owner is responsible for the cost of the necessary adjustments to allow highway construction. When a utility facility is located on public right of way other than Commission right of way, the utility owner is responsible for the cost of the necessary adjustments to allow highway construction.&lt;br /&gt;
&lt;br /&gt;
When a political subdivision must bear part or all the cost of adjustments to their utility facilities, and the cost creates a financial hardship, the Commission, by its authorized representative, the Chief Engineer, may temporarily assume these costs. A payback agreement with the political subdivision will include an applicable interest rate for a comparable maturity from a widely published index of tax-exempt municipal rates obtained from Financial Services. Payback time will not exceed five (5) years.&lt;br /&gt;
&lt;br /&gt;
====643.2.8.2.2 Utility Facilities Other Than Those Owned by a Political Subdivision====&lt;br /&gt;
When a utility facility is on the right of way of a public road or street or on state highway right of way without prior land rights and adjustment is necessary to allow for the construction of a roadway improvement, the utility owner is responsible for the cost of the necessary adjustments to allow highway construction.&lt;br /&gt;
&lt;br /&gt;
===643.2.8.3 Shared Responsibility===&lt;br /&gt;
When a utility facility is located such that portions of it are a Commission responsibility and portions of it are a utility owner responsibility by the definitions above, the costs of the necessary adjustments to allow highway construction will be split by the Commission and the utility owner. If the exact cost for each party can be determined, each party will be responsible for their portion of the cost of relocating the utility facility. If the exact cost for each party cannot be determined, the parties will arrive at a percentage reimbursement on an equitable basis.&lt;br /&gt;
&lt;br /&gt;
===643.2.8.4 Notice of Hearing===&lt;br /&gt;
When relocation or other difficulties with utility facilities on public right of way arise that prevent resolution by negotiation, formal hearings will be required.&lt;br /&gt;
&lt;br /&gt;
The district initiates a request for a utility relocation hearing with a letter to the Chief Counsel’s Office (CCO) (a copy is provided to the Design Division) requesting a hearing date. CCO will arrange for a hearing room, court reporter, etc. and advise the district of the hearing date.&lt;br /&gt;
&lt;br /&gt;
The district will prepare the notice of hearing by strictly following the given format and serve the notice on all persons and utility owners listed. The property and utility owner must be served only by personal service or by mailing a certified letter, return receipt requested, no later than 15 days before the date of hearing. This will require the district to make every effort to identify the correct property owner before preparing the notice of hearing. To avoid delays, every attempt will be made to issue the hearing notice at least 30 days prior to the hearing date in case any property has changed ownership and any additional property owners must be served. A notice of hearing on service line connections will also be served on the private or public owner of the main or distribution line to which the service lines are connected. A notarized &amp;quot;Report of Personal Service&amp;quot; will be completed when notification by certified mail is not used.&lt;br /&gt;
&lt;br /&gt;
One copy of the hearing notice and attachments, &amp;quot;Report of Personal Service&amp;quot; and certified mail notices are to be submitted to CCO after notification is complete.&lt;br /&gt;
&lt;br /&gt;
Prior to the hearing, the district&#039;s representative will become familiar with the details of the utility adjustment in order to provide concise testimony to expedite the hearing process. CCO will assign an attorney to work with the district and present the case.&lt;br /&gt;
&lt;br /&gt;
Refer to 7 CSR 10-3.030 020 Utility Relocation Hearings for additional information.&lt;br /&gt;
&lt;br /&gt;
A Waiver of Hearing should be obtained for non-reimbursable adjustments to document the commitment of the utility owner to adjust its utility facilities without adversely impacting the highway construction project. This may be accomplished informally via written communications between the district utilities staff and the utility owner’s representative. A [https://epg.modot.org/forms/general_files/DE/WaiverOfHearingForm.docx formal Waiver of Hearing statement] may be requested by either MoDOT or the utility owner. A [https://epg.modot.org/forms/general_files/DE/WaiverOfHearingLetter.docx sample transmittal letter for the Waiver of Hearing] is available. For reimbursable or partially reimbursable adjustments, the formal agreement serves as the basis of documentation of this commitment.&lt;br /&gt;
&lt;br /&gt;
==643.2.9 Estimates==&lt;br /&gt;
District utilities staff will negotiate with utility owners to determine reimbursable costs of the necessary adjustments to allow highway construction ([[#643.2.8_Cost_Responsibility|EPG 643.2.8 Cost Responsibility]]). These estimates are prepared in accordance with the provisions of 23 CFR 645 and any amendment thereto. These estimates must reflect the same procedures and costs used by the utility owners in their normal operations and must also accurately represent the expected costs of the work. The utility owner’s estimate will be reviewed by the district utilities staff to ensure compliance with 23 CFR 645.&lt;br /&gt;
&lt;br /&gt;
===643.2.9.1 Independent Cost Estimate===&lt;br /&gt;
The independent cost estimate provides the basis for district utilities staff to review the utility owner’s estimate of costs of the necessary utility adjustments to allow highway construction and any subsequent negotiations with the utility owner. The district utilities staff should prepare an independent cost estimate. The independent cost estimate may be based on unit prices of anticipated items of work in a utility adjustment necessary to allow highway construction. The independent cost estimate alternately may be based on recent similar types of utility adjustments necessary to allow highway construction and scaled for size. Consultants can be used to develop the independent cost estimate. All documentation of the independent cost estimate should be placed in MoProjects.&lt;br /&gt;
&lt;br /&gt;
===643.2.9.2 Type of Project Cost Estimates===&lt;br /&gt;
Either Actual Cost or Lump Sum estimates may be used for estimating the costs on the necessary utility adjustments to allow highway construction. If an Actual Cost estimate is used, detailed records of materials, labor, and equipment are made by district utilities and/or construction staff during construction, and a final audit of the utility owner’s cost records is made to determine the Commission’s actual responsibility for costs of the adjustment completed to allow highway construction. If a Lump Sum estimate is used, a final audit of costs for an adjustment in payment is not required. The Actual Cost method requires more detailed record keeping and documentation by the utility owner and district staff during construction. The Lump Sum method requires more upfront detail and work by the utility owner and judgment on the district utilities staff on the acceptability of the cost. The district utilities staff will work with the utility owner’s representative to determine the best type of estimate and therefore agreement to use.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.2.1 Actual Cost Estimate====&lt;br /&gt;
The cost estimate that supports the actual cost agreement is prepared in sufficient detail to determine the reasonable expected cost of the work to support development of an agreement between the utility owner and the Commission. However, reimbursement is based on the actual costs of design and construction of the necessary adjustment to allow highway construction. The actual cost estimate should detail all costs of the necessary adjustment to allow highway construction, even if the Commission is only responsible for a portion of the costs as detailed in EPG [[#643.2.8.3_Shared_Responsibility|643.2.8.3 Shared Responsibility]].&lt;br /&gt;
&lt;br /&gt;
Actual cost estimates can be used for any dollar amount of reimbursement.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.2.2 Lump Sum Estimates====&lt;br /&gt;
The cost estimate that supports the lump sum agreement must be accurate, comprehensive, verifiable, and in sufficient detail to present a clear picture of the work involved and the cost of the individual items. The estimate may cover only that portion of the adjustment for which the Commission is responsible for the costs of the necessary utility adjustments to allow highway construction.&lt;br /&gt;
Lump sum estimates are limited to a maximum of $200,000 of Commission responsibility of costs of the necessary utility adjustments to allow highway construction; however, exceptions may be made for special situations that have prior approval from Design Division. These exceptions usually cover major relocations for which the Commission&#039;s proportionate responsibility is extremely small.&lt;br /&gt;
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===643.2.9.3 Utility Cost Estimate Requirements===&lt;br /&gt;
Whether using an Actual Cost or Lump Sum estimate, the following should be included in the estimate, if applicable. If any of the following sections are not included in the estimate, a qualifying statement as to why the costs were not included should be provided.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.1 Scope of Work====&lt;br /&gt;
All estimates require a concise summary of the work to be performed on the estimate. An example is &amp;quot;an estimate of cost covering the work of relocating Company&#039;s 12-inch Cushing-Woodriver pipeline to accommodate construction of Route 47 in Franklin County on Job No. J6P0172&amp;quot;.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.2 Engineering Costs====&lt;br /&gt;
Costs of engineering, whether preliminary or construction, must be shown as separate items and are not to be included with &amp;quot;labor costs&amp;quot;. Concurrent cost accounting procedures of FHWA and MoDOT make this a necessity. See [[#643.2.6_Preliminary_Engineering_Requirements|EPG 643.2.6 Preliminary Engineering]] and [[#643.2.16.2_Construction_Contract_Requirements|EPG 643.2.16.2 Construction Contract Requirements]] for further information.&lt;br /&gt;
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====643.2.9.3.3 Right of Way Costs====&lt;br /&gt;
A detailed estimate of the cost to acquire replacement easements by the utility owner is required. The cost should be supported by a right of way plan.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.4 Material Costs====&lt;br /&gt;
Quantities, description of the item, the unit cost, and the extended totals are shown. Percentage computations will be shown immediately following &amp;quot;total cost&amp;quot; so the utility owner’s and Commission&#039;s cost obligations are properly indicated. Unit assembly costs similar to those used by several of the rural electric association (R.E.A.) cooperatives are acceptable, provided the same units and charges are used in the utility owner’s regular operations. A handling charge conforming with the utility owner’s regular procedures may also be included.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.5 Labor Costs====&lt;br /&gt;
Hours, individual or crew rates, and extended totals are shown. Payroll additives such as insurance, retirement, social security, vacation, and other benefits are shown as a separate item under this heading in accordance with utility owner’s regular procedures. Adequate explanation must be given for total percentage used, especially in those cases where materials and labor are combined as unit costs or where labor percentages include additives and equipment requirements.&lt;br /&gt;
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====643.2.9.3.6 Equipment Costs====&lt;br /&gt;
A description of the equipment to be used must be shown jointly with the number of hours to be charged. Rates charged for equipment usage must be justified by the utility owner’s established accounting procedures. When the utility owner does not have an established accounting procedure or a capitalization and depreciation schedule that is used in its own operations, the rates are to be established by using rental rate publications as a guide. A reasonable amount will be deducted, when using rental rate schedules, for profit that the rental company realizes. A full explanation of the methods used in establishing the rates must also be submitted to support the utility owner’s request and with approval of the district utilities staff.&lt;br /&gt;
&lt;br /&gt;
Equipment may be rented when the utility owner’s equipment is not available or is inadequate, with the rental rate justified by appropriate solicitation of bids. See [[#643.2.16.2_Construction_Contract_Requirements||EPG 643.16.2 Construction Contract Requirements]] for further information.&lt;br /&gt;
&lt;br /&gt;
Unusual accounting procedures may be accepted with adequate prior explanations and approval of the Design Division.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.7 Removal Costs====&lt;br /&gt;
These costs are estimated and shown in a similar method but separately from installation costs. When removal costs exceed salvage credits by more than the estimated cost of removal by the roadway contractor, an effort should be made to persuade the utility owner to abandon the utility facilities in place. An exception is made when the utility owner is required to remove abandoned utility facilities because of liability, hazard, or by specific agreement with the Commission. Abandoned utility facilities can be included with the miscellaneous removals in the roadway contract. It may be possible for the utility owner to remove those portions of the utility facility for which credits will exceed removal costs, with the remainder of the utility facility to be abandoned for removal in the roadway contract. Materials removed must be itemized, with the utility owner’s customary salvage credit given. Items to be scrapped or junked should be indicated. Whenever a utility facility or portion thereof is shown to be abandoned on the plan of adjustment, the roadway plans should be notated accordingly. This eliminates ownership problems if these utility facilities are removed or salvaged by the roadway contractor.&lt;br /&gt;
&lt;br /&gt;
When the utility facility is no longer needed and removal is necessary to accommodate the roadway project, the removal of the item may be handled either as a right-of way-item or a utility adjustment. When handled as a right of way item, the damages allowed are to equal the depreciated value of the utility facility, with the necessary removals being accomplished by the roadway contractor. If accomplished as a utility adjustment, the Commission, by utility agreement, will reimburse the utility owner for removal costs and receive salvage credit for the material removed, up to but not exceeding removal costs.&lt;br /&gt;
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====643.2.9.3.8 Salvage of Removed Materials====&lt;br /&gt;
This statement, to explain the salvage credit or lack of credit, will reflect routine utility owner policy as well as the particular situation. The utility owner will place a value on any recovered material for salvage. District utilities staff should check this value for reasonableness. Examples of salvage statements include:&lt;br /&gt;
* Existing utility facilities to be abandoned in place, since the cost of salvaging, based on our past experience, will exceed their value.&lt;br /&gt;
* Only those items will be salvaged for which salvage credit will exceed the cost of removal and salvage.&lt;br /&gt;
* Company liability requires removal of the retired utility facilities, even though the cost of removal will exceed allowable credit for salvage.&lt;br /&gt;
* Salvage credits are in accordance with established company accounting procedures.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.9 Accrued Depreciation Credits====&lt;br /&gt;
Credit is required for the accrued depreciation of a utility facility that is being replaced. Examples are a building, structure, pumping station, filtration plant, power plant, substation, or other similar operational unit. Credit for accrued depreciation will not be required for a segment of the utility&#039;s service, distribution, or transmission lines. It is also not required when the building or structure is being moved as necessitated by the highway project. Acceptable accrued depreciation credit will be determined by using the following formula:&lt;br /&gt;
&amp;lt;math&amp;gt;\frac{\text{Actual Length of Service of Replaced Facility (Years)}}{\text{Total Estimated Service Life of Replaced Facility (Years)}} x&amp;lt;/math&amp;gt;&amp;lt;span style=&amp;quot;font-family: &#039;Times New Roman&#039;, Times, serif; font-size: 130%;&amp;quot;&amp;gt; Original Cost ($) = Credit ($)&amp;lt;/span&amp;gt;&lt;br /&gt;
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====643.2.9.3.10 Betterment Credits====&lt;br /&gt;
Betterment means the upgrading of the utility facility being relocated, made solely for the benefit of and at the election of the utility owner and is not attributable to the roadway improvement. Credit to the Commission is required for the additional costs incurred for the betterments introduced in the adjusted utility facility. No betterment credit is required for additions or improvements which are:&lt;br /&gt;
* Required by the highway project&lt;br /&gt;
* Replacement devices or materials that are of equivalent standards although not identical&lt;br /&gt;
* Replacement of devices or materials no longer regularly manufactured with next highest grade or size&lt;br /&gt;
* Required by law under governmental and appropriate regulatory commission code&lt;br /&gt;
* Required by current design practices regularly followed by the utility owner in its own work, and there is a direct benefit to the highway project&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.11 Overhead Costs====&lt;br /&gt;
Overhead costs are usually a percentage of the total labor cost. This item must be in accordance with the utility owner’s established accounting procedures, which in some cases may include handling costs or be a percentage of the total cost of the work involved. Additional attention to overhead costs is required when the rate is different from previously accepted rates. Occasionally, it can be difficult to obtain the necessary information at the time of the estimate to approve the overhead rates. In this situation, the estimate can be approved with exception of the overhead rates for payment. The utility owner is informed of this matter with the understanding that the overhead rates could be approved and paid with submission of appropriate supporting data and Financial Services audit review.&lt;br /&gt;
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====643.2.9.3.12 Prorating Costs====&lt;br /&gt;
The need for prorating utility adjustment costs occurs when both the Commission and the utility owner are responsible for a portion of the utility adjustment necessary to allow for highway construction, and the actual costs for reimbursement in each category cannot be explicitly determined. Generally, the following conditions require division of costs:&lt;br /&gt;
* The adjustment is considered partially reimbursable per [[#643.2.8.3_Shared_Responsibility|EPG 643.2.8.3 Shared Responsibility]]&lt;br /&gt;
* Betterments are included in the necessary adjustment of the utility facility&lt;br /&gt;
&lt;br /&gt;
The district utilities staff should negotiate with the utility owner’s representative to determine an equitable basis for the prorating of costs based on the characteristics of the utility adjustment necessary to allow for highway construction.&lt;br /&gt;
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====643.2.9.3.13 Costs Records====&lt;br /&gt;
The estimate should include a statement as to where the utility owner’s cost records may be reviewed. An example: &amp;quot;Company cost records will be available in our office at 2134 Industrial Avenue, Tulsa, Oklahoma&amp;quot;.&lt;br /&gt;
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====643.2.9.3.14 Other====&lt;br /&gt;
Additional statements will explain or further clarify the work that is included. Such other items may include bypasses, special equipment, need for larger utility facilities, etc.&lt;br /&gt;
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==643.2.10 Schedule==&lt;br /&gt;
Timely adjustments of utility facilities are essential for efficient completion of highway construction projects. Ideally, all utility adjustments are completed prior to a project’s Plans, Specifications, and Estimate (PS&amp;amp;E) submittal to Central Office. Depending on the specifics of the highway construction and utility adjustment necessary, early completion of the utility adjustment may not be practical. The district utilities staff should negotiate with the utility owner to determine the schedule parameters necessary for the utility adjustment. At a minimum, the utility owner should document the dates it anticipates starting and completing the work. If a utility adjustment depends upon the completion of a portion of the highway construction, the necessary milestone for starting the utility adjustment should be documented along with an anticipated number of working days to complete the utility adjustment. The schedule is included as Exhibit “C” to the agreement.&lt;br /&gt;
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==643.2.11 Pre-Audits==&lt;br /&gt;
The district utility staff performs a pre-audit review and approval prior to preparation of the agreement. A pre-audit checklist should be completed and saved in MoProjects.&lt;br /&gt;
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==643.2.12 Utility Agreements==&lt;br /&gt;
Whenever the Commission is responsible for the cost of the necessary adjustments to allow highway construction, an agreement is required. If a Master Reimbursable Utility Agreement (see EPG 643.2.12.2) has not been executed with the utility owner, a Project Specific Agreement (see EPG 643.2.12.3) is executed between the utility owner and the Commission. In some cases, it may be more practical for the Commission to include adjustment of utilities into a Commission administered contract. A Utility Agreement - Actual Cost (For Utility Work That is to be Included in the Missouri Highways and Transportation Commission&#039;s Road Project) (see EPG 643.2.12.4). Agreements include a plan of adjustment (Exhibit “A”), cost estimate (Exhibit “B”), and schedule (Exhibit “C”).&lt;br /&gt;
&lt;br /&gt;
The Utility Agreement boilerplate forms have been approved by the Chief Counsel’s Office (CCO). They are identified in the upper left-hand corner of each agreement by an identifier such as CCO Form: UT01 for the Master Reimbursable Utility Agreement. CCO updates these agreements as necessary. They serve as a guide in the preparation of the agreement to be executed with the utility owner for the adjustments required to their utility facilities to accommodate the proposed roadway improvement project. District utilities staff should use the latest version of the agreement found in eAgreements in drafting an agreement with utility owners. A list of utility agreements and detailed information concerning the sequence for preparing and executing an agreement is available in EPG 153 Agreements and Contracts.&lt;br /&gt;
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These forms are to be used word for word. Revisions or additions are only made to address specific project details. The intent of each paragraph must be retained, although specific words may be revised to fit the particular situation. No paragraphs are deleted without prior approval from CCO. For guidance on acceptance of liability, refer to the Acceptance of Liability Policy at the CCO SharePoint page. Drafts of agreements having major revisions or complications are to be submitted, with supporting data, to Design Division for comment and approval.&lt;br /&gt;
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A reference to 23 CFR 645 is included in all agreements. Utility owners must be acquainted with these requirements and procedures. The incorporation of 23 CFR 645 by reference in all agreements eliminates the need for a second set of regulations to be included in the document.&lt;br /&gt;
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The agreement for the adjustment of a utility is prepared by the district utilities staff and submitted to the utility owner for execution. The agreement is based on the plan, estimate of cost which was prepared in accordance with 23 CFR 645, and schedule. Authorized individuals representing the utility owner will execute the agreement. The agreement must be signed, sealed, and if necessary, notarized by the utility owner. If the utility owner does not have or use a corporate seal, write &amp;quot;NO SEAL&amp;quot; under the signatures of the owner’s officers. Agreements with political subdivisions are to be supported by an appropriate ordinance, a copy of which is to be submitted with the executed agreements. All copies will be forwarded to the CCO for further handling. A fully executed copy of the agreement will be retained in eAgreements. If the agreement was executed using electronic signatures, the district utilities staff should forward an electronic copy of the fully executed agreement to the utility owner. If the agreement was executed using wet signatures, one (1) paper copy of the fully executed agreement will be returned by the Commission Secretary’s Office to the district utilities staff. The district utilities staff will forward this copy to the utility owner.&lt;br /&gt;
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===643.2.12.1 Buy America Build America Requirements===&lt;br /&gt;
All agreements contain information on Buy America Build America (BABA) compliance. The utility owner should select the method of certification (See EPG 643.2.19) at the time of agreement completion. The appropriate paragraph will be inserted into the agreement. All BABA compliance documents must be retained by the utility owner and made available upon request at no cost to the Commission and/or FHWA.&lt;br /&gt;
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====643.2.12.1.1 Utility Owner Self-Certification====&lt;br /&gt;
The City/Company certifies that when determining products/materials subject to Buy America Build America requirements to use in the performance of this Agreement, it shall use only such products/materials for which it has received a certification from its supplier, or provider of construction services that procures the product/material, certifying compliance with Buy America Build America requirements. This does not include products/materials for which waivers have been granted pursuant to 23 CFR 635.410. The City/Company will not be required to provide the Commission copies of the supplier certification as part of this Agreement or with the final invoice of said Commission’s Federal-Aid Highway Construction Project.&lt;br /&gt;
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====643.2.12.1.2 Vendor/Manufacturer Certification====&lt;br /&gt;
The City/Company certifies that when determining products/materials subject to Buy America Build America requirements to use in the performance of this Agreement, it shall use only such products/materials for which it has received a certification from its supplier, or provider of construction services that procures the product/material, certifying compliance with Buy America Build America requirements. This does not include products/materials for which waivers have been granted pursuant to 23 CFR 635.410. The City/Company shall provide to the Commission all Buy America compliance documents as outlined in the Commission’s Engineering Policy Guide 643. All required compliance documents shall accompany the final invoice submitted to the Commission.&lt;br /&gt;
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===643.2.12.2 Master Reimbursable Utility Agreements===&lt;br /&gt;
The UT01: Master Reimbursable Utility Agreement (MRUA) is a statewide agreement that has been executed by the utility owner and the Commission for all future reimbursable utility adjustments between both parties. Once a MRUA is executed, no other utility agreements are required on design-bid-build projects. The district utilities staff should encourage utility owners to enter into a MRUA with the Commission to reduce potential future delays in executing a project specific agreement. A list of previously executed Master Reimbursable Utility Agreements is available. District utilities staff should add newly executed agreements to this list. The MRUA can be employed as either an actual cost (EPG 6432.12.3.1) or lump sum (EPG 643.2.12.2.2) agreement. When the reimbursable adjustment will utilize a MRUA, the district utilities staff will prepare a MRUA correspondence letter (“letter agreement”) referencing the executed MRUA. A copy of the MRUA correspondence letter should be saved in MoProjects for reference by Financial Services, the district construction office, and the district staff responsible for inspection of utility adjustments. All project specific items such as type of agreement (actual cost or lump sum), plan of adjustment, estimated total cost, cost allocation, and schedule are addressed in the MRUA correspondence letter from the district utilities staff to the utility owner. A flowchart of the MRUA process is available.&lt;br /&gt;
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===643.2.12.3 Project Specific Agreements===&lt;br /&gt;
If a utility owner does not have a MRUA with the Commission, a project specific agreement will be required for every project for which the Commission is responsible for the necessary adjustments to allow highway construction. The project specific agreement will be either an actual cost (EPG 643.2.12.3.1) or lump sum (EPG 643.2.12.3.2) agreement.&lt;br /&gt;
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====643.2.12.3.1 Actual Cost Agreements====&lt;br /&gt;
The UT03: Utility Agreement – Actual Cost is used when detailed estimates are not practical or costs appear to be questionable. Details on actual cost estimates can be found at EPG 643.2.9.2.1 Actual Cost Estimates. Once the final invoice on a UT03 is submitted to Financial Services, district utilities staff should change the status on the agreement in eAgreements to completed.&lt;br /&gt;
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====643.2.12.3.2 Lump Sum Agreements====&lt;br /&gt;
The UT02: Utility Agreement – Lump Sum eliminates the need for keeping detailed records of cost and the auditing of cost records. Estimates of cost must be prepared in detail for use of this agreement. When detailed estimates are not practical or costs appear unreasonable, actual cost agreements are to be used. Use of special forms of agreements, such as &amp;quot;subordination agreements&amp;quot;, which are desired by certain utility owners, is acceptable. These, too, must be revised to cover the particular situation. Details on lump sum estimates can be found at EPG 643.2.9.2.2 Lump Sum Estimates. Once the final invoice on a UT02 is submitted to Financial Services, district utilities staff should change the status on the agreement in eAgreements to “completed”.&lt;br /&gt;
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===643.2.12.4 Agreement for Utility Work Included in Roadway Improvement Project===&lt;br /&gt;
The UT04: Utility Agreement - Actual Cost (For Utility Work That is to be Included in the Missouri Highways and Transportation Commission&#039;s Road Project) allows for the adjustment to be based on actual cost with the roadway contractor performing the utility work. Caution should be exercised in the type of utilities to be relocated in roadway contracts. Utilities recommended are waterlines and sewer lines. Other utilities, such as gas lines, communication lines, and power lines are to be studied thoroughly before being included in the project.&lt;br /&gt;
&lt;br /&gt;
The Transportation Project Manager and district utilities staff must plan ahead to get this work in the roadway contract. The utility owner must agree to include the utility adjustment in the roadway contract. The adjustment may be on highway right of way or on private easement in the name of the utility owner. The utility owner can agree to allow MoDOT’s contractor to work in its easement. However, district utilities staff in consultation with district right of way staff should review the easement documentation to verify the utility owner’s rights to the easement and any limitations on its use. MoDOT’s contractor can work and operate on both Commission right of way and on the utility easement, even when not directly connected to the Commission right of way, as part of the job site. Temporary construction easements may be necessary in addition to the utility easement to ensure adequate working room for the contractor.&lt;br /&gt;
&lt;br /&gt;
:The utility owner may request exemption to any liability for negligence of our contractor working on their easement. The Commission can assume that liability (refer to Acceptance of Liability Policy), but it should be included in the utility agreement if so desired by the utility owner. A Job Special Provision is necessary to require the MoDOT contractor to hold the utility harmless from all claims due to contractor negligence.&lt;br /&gt;
&lt;br /&gt;
Subsurface information, i.e. boring data, etc., should be obtained by the utility owner since it may be needed for the design of the utility adjustment. This information should be included in the plans. If the utility owner must bear all or part of the cost of the adjustment, the utility owner must agree to pay a pre-deposit to the Commission prior to opening bids on the project. This should be in the utility agreement. The pre-deposit will be credited to the &amp;quot;Missouri Highway and Transportation Commission - Local Fund.&amp;quot; Any interest earned in the fund will apply to the cost of the adjustments. The utility agreement will include language that the utility will inspect the installation and assume maintenance of the utility facility after construction. MoDOT will also provide engineering supervision to be sure the road contractor is in compliance with the contract. Utility plans and specifications are to be approved by the owner prior to submittal to the Central Office. The following items will provide minimum information to allow MoDOT’s contractor to bid the work.&lt;br /&gt;
# Individual bid items (not &amp;quot;lump sum&amp;quot;) should be established to promote better bidding and to handle overruns and underruns. Bid items not included on the Computer Stored Bid Item list should be &amp;quot;99&amp;quot; numbers.&lt;br /&gt;
# he bid package must be in our letting format. If the package was prepared by a consultant as if the utility owner were going to let it, all bid bond or bidding procedures must be screened to remove requirements contrary to MoDOT letting requirements. District utilities staff should work with the Transportation Project Manager, Design Liaison Engineer, and Central Office Bidding and Contract Services to ensure this requirement is met.&lt;br /&gt;
# The specifications required by the utility owner should be reviewed for items that could cause a bid problem for our contractor. Items such as non-readily available materials or sizes should be avoided.&lt;br /&gt;
# Utility plan sheets should be .pdf files equivalent to 22 in. x 34 in. It is helpful to have a quantity sheet specifically for utility items.&lt;br /&gt;
# Any special procedures required for the utility installation should be included in the Job Special Provisions.&lt;br /&gt;
# The utility package should be submitted on-time to Central Office with other project plans.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.5 Agreement for a Utility Only Project===&lt;br /&gt;
Any of the above agreements can be modified for a utility only project separate from the roadway project. The utility only project may be done by forces hired by the utility owner or by the Commission. A separate utility only project has distinct advantages when the following occurs:&lt;br /&gt;
* The utility work is extensive&lt;br /&gt;
* It must be performed in accordance with the utility owner’s seasonal requirements&lt;br /&gt;
* It extends beyond the limits of the construction project&lt;br /&gt;
* It must be performed considerably in advance of the roadway contract&lt;br /&gt;
&lt;br /&gt;
Necessary environmental and design work is still required for the limits of the separate utility only project. It may be necessary in these cases to have a second agreement with the utility owner to cover any other work that must be performed concurrently with the roadway contract. These latter agreements will use the roadway construction job number. Early need for utility projects is to be determined at the time when the STIP is updated each year. The utility construction funds will be shown in the year right of way funds are assigned. This will be done whenever possible to secure early adjustment of utility facilities. A request by the district is sent to the Planning Division. Estimated dollar amounts for utility adjustments are needed. These are estimates and do not need to be extremely accurate. When a special utility project is established, it is preferred, if at all possible, to include all the utility adjustments necessary for the entire roadway project. If funds are available, additional agreements can be added to this utility project until the final invoice for the first completed agreement is received for payment.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.6 Supplemental Agreements===&lt;br /&gt;
For utility owners with a UT01 agreement, a supplemental letter agreement documenting the change in the scope or cost of the work is acceptable.&lt;br /&gt;
&lt;br /&gt;
The UT05: First Supplemental Agreement is used to document changes to UT02 and UT03 agreements. If changes to the scope of work occur that are anticipated to exceed $100,000 or 15% of the original agreement, a UT05 is required. If the final invoice on an actual cost adjustment without changes in the scope of work exceeds the limits shown in the table below, a UT05 is required.&lt;br /&gt;
&lt;br /&gt;
{| class=&amp;quot;wikitable&amp;quot; style=&amp;quot;margin-left: 25px; text-align:center&amp;quot;&lt;br /&gt;
! Amount in Original Actual Agreement !! Final Bill Total Exceeds Original Amount by:&lt;br /&gt;
|-&lt;br /&gt;
| 0-$25,000 || 50%&lt;br /&gt;
|-&lt;br /&gt;
| $25,000-$100,000 || 40%&lt;br /&gt;
|-	&lt;br /&gt;
| Exceeds $100,000 || 30%&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
Should multiple UT05s be required with the same utility owner, the UT05 should be modified for additional supplemental agreements. Once the final invoice on an UT05 is submitted to Financial Services, district utilities staff should change the status on the agreement in eAgreements to “completed”.&lt;br /&gt;
&lt;br /&gt;
==643.2.13 Utility Adjustments in Roadway Plans and Job Special Provisions (JSPs)==&lt;br /&gt;
It is the responsibility of the MoDOT Transportation Project Manager (TPM) to ensure utility plans of adjustment are shown on the project plans at the Plan, Specification, and Estimate (PS&amp;amp;E) stage based upon information coordinated by the district utilities staff with the appropriate utility owner.&lt;br /&gt;
&lt;br /&gt;
===643.2.13.1 Plans===&lt;br /&gt;
A legend showing all applicable utility symbols and the names of the utility owners is shown on the first special utility sheet. In the absence of special utility sheets, this information may be shown on the title sheet or the first plan and profile sheet. The following note is required to be placed on the title sheet or the first plan and profile sheet and the first special utility sheet (if used) to inform contractors of the suitability of the utility information contained on the plans.&lt;br /&gt;
&lt;br /&gt;
&amp;quot;The existence and approximate location of utility facilities known to exist, as shown on the plans, are based on the best information available to the Commission at this time. This information is provided by the Commission &amp;quot;as-is&amp;quot; and the Commission expressly disclaims any representation or warranty as to the completeness, accuracy, or suitability of the information for any use. Reliance upon this information is done at the risk and peril of the user, and the Commission shall not be liable for any damages that may arise from any error in the information&amp;quot;.&lt;br /&gt;
&lt;br /&gt;
===643.2.13.2 Job Special Provisions===&lt;br /&gt;
Since the addition of utility information on the plans, supplied by a third party, could subject the Missouri Highway and Transportation Commission to additional liability, a Utility JSP reflecting the status of utility adjustments will be required. The JSP will include the name, address, e-mail address, and telephone number of all utility owner representatives for all utility facilities located on the project. The anticipated adjustment completion date for each utility adjustment is also to be shown based on the agreed upon dates, durations, or completion dates with the utility owner’s representative. This information will inform the bidder of the status of utilities for proper work coordination that could affect the bids for the proposed highway construction project. Status notations will include general notations such as: “N/A”, “Work is in progress”, “Work has not started”, “Work is complete”, and “Work is included in contract.”&lt;br /&gt;
&lt;br /&gt;
===643.2.13.3 PS&amp;amp;E Submittal===&lt;br /&gt;
In the District Final Plans Submittal Checklist (D-12), the TPM should note any issues related to existing utility facilities or the adjustment of utility facilities either shown or not shown on the plans. Projects with “No Utility Impacts” such as some overlays, striping, bridge washing, etc. do not need a Utility Status Letter or Utility JSP. The D-12 is used for these projects. In the D-12, under Project Details – “Utilities”, the note “NO” is selected and under “Status”, select “Clear”. For all other projects, the district utilities staff will write a Utility Status Letter. The TPM will include the Utility Status Letter with the submittal of the final plans to the Design Division. The Utility Status will be defined as:&lt;br /&gt;
# Utility facilities are present, but no conflict is anticipated with the highway construction project. Or,&lt;br /&gt;
# All utility facilities requiring adjustment to allow highway construction have been physically adjusted on the project. Or,&lt;br /&gt;
# Utility construction work is planned or active and will be completed to such a point that no impact will be expected to the highway construction project. The status of this work is defined in the utility JSP. Or,&lt;br /&gt;
# Utility facilities are not expected to be adjusted by the notice to proceed date for the road project, but the utility work will have no impact on the progress of the highway construction project. The status of this work is defined in the utility JSP. Or,&lt;br /&gt;
# Utility facilities must be adjusted after the road contractor completes stage construction or in coordination with the contractors’ work. Details of the coordination effort required of the contractor are defined in the utility JSP to properly advise bidders. Or,&lt;br /&gt;
&lt;br /&gt;
# Utility adjustment plans and specifications are included in the bid documents for the highway construction project. A UT04 agreement must be executed.&lt;br /&gt;
&lt;br /&gt;
==643.2.14 Payment to Utility Companies for Reimbursable Work==&lt;br /&gt;
Authorization and federal funding obligation must be approved prior to incurring costs. This applies to all types of work on utility facilities including preliminary engineering. An obligation is a commitment by the federal government to reimburse MoDOT for the federal share of a project’s eligible cost.&lt;br /&gt;
&lt;br /&gt;
===643.2.14.1 Obligation Process===&lt;br /&gt;
Federal funding can be used with both lump sum and actual cost agreements. After the utility agreement is fully executed, the district utilities staff will email a copy of the utility agreement or the letter agreement referencing the MRUA to the email group OBLIGATE. This email should request the authorization authority for use of federal funds and to be informed of a Notice to Proceed (NTP) (see EPG 643.2.15) date by Financial Services once federal funding has been obligated. District utilities staff should allow three (3) weeks to receive the NTP. Financial Services will use Advance Construction (AC) funding to fund reimbursement to utility owners. With AC funding, state funds initially are used to pay for reimbursement to utility owners. Once construction is complete, with appropriate documentation of the work via the C-9 and C-13, Financial Services will convert to federal funding.&lt;br /&gt;
&lt;br /&gt;
===643.2.14.2 Preliminary Engineering===&lt;br /&gt;
On occasion, preliminary engineering (PE) may need to be undertaken by the utility owner prior to the execution of a utility agreement. If a utility owner has a MRUA, an estimate of the cost of the PE work by the utility owner may be used to obligate funding for preliminary engineering under the MRUA as a PE only letter agreement. If a lump sum or actual cost agreement will be required with the utility owner for the project, district utilities staff should do two (2) agreements with one agreement covering PE only, and once a design for the adjustment is obtained, a second agreement for the construction of the adjustment should be executed. If a separate PE only agreement is obtained, NTP will need to be issued twice to the utility owner: once for PE and once for construction.&lt;br /&gt;
&lt;br /&gt;
===643.2.14.3 Right of Way===&lt;br /&gt;
Once Notice to Proceed has been given, the utility owner may begin the right of way acquisition process. If the utility owner needs to acquire right of way prior to a full agreement for relocation has been negotiated, the agreement specifically for the acquisition of right of way should be executed. This agreement will be sent to Financial Services to begin the obligation process.&lt;br /&gt;
&lt;br /&gt;
===643.2.14.4 Construction===&lt;br /&gt;
Payment to utility owners for construction of the adjustment may occur in a number of phases.&lt;br /&gt;
&lt;br /&gt;
====643.2.14.4.1 Prepayment====&lt;br /&gt;
Per the utility agreement, the Commission allows utility owners to be prepaid prior to commencing work. The district utilities staff may negotiate the prepayment if the utility owner is receptive. The utility owner will submit a request for prepayment with an invoice prior to any prepayment. Route, county, and job number must be included in the request. The district utilities staff will submit a request to Financial Services with a copy saved in MoProjects for future reference by the district staff responsible for inspection of the utility adjustment.&lt;br /&gt;
&lt;br /&gt;
====643.2.14.4.2 Progress Payments====&lt;br /&gt;
If a utility owner has not been prepaid the entire estimated amount in the utility agreement, then the utility owner may request progress payments after completing a portion of the proposed work, including PE.&lt;br /&gt;
&lt;br /&gt;
Progress payments for PE by consultants should not exceed the &amp;quot;maximum not to exceed amount&amp;quot; shown in the cost estimate unless additional costs are approved first by district utilities staff.&lt;br /&gt;
&lt;br /&gt;
For progress payments, the utility owner is required to submit only a summary of work and materials for which payment is claimed, not a detailed billing. District utilities staff should check only to be sure that sufficient work has been done to justify making the requested payment. Payment should be made for allowable costs incurred up to the date of the progress payment request.&lt;br /&gt;
&lt;br /&gt;
Progress payment invoices do not relieve the utility owner of the responsibility of submitting one complete and final invoice upon completion of the adjustment. The utility owner’s address must be shown on the invoice. The district utilities staff should submit progress payment invoices and applicable C-9s to Financial Services within one (1) week of receipt of invoice.&lt;br /&gt;
&lt;br /&gt;
One copy of the progress payment and one copy of the district utilities staff letter of recommendation must be sent to Financial Services for payment and be stored in MoProjects. The cover memo should include the project number, route, county, actual cost or lump sum utility agreement, Commission obligation percentage, total cost estimate of Commission obligation, and indicate the progress payment number, i.e., progress payment number 1, 2, 3, etc. If more than one progress payment is requested by the utility company, the district should submit progress payment bills to Financial Services in the following format:&lt;br /&gt;
{| class=&amp;quot;wikitable&amp;quot; style=&amp;quot;margin-left: 25px; text-align:center&amp;quot;&lt;br /&gt;
! Payment !! Amount&lt;br /&gt;
|-&lt;br /&gt;
| Progress Payment #1 || $50,000&lt;br /&gt;
|-&lt;br /&gt;
| Progress Payment #2 || 10,000&lt;br /&gt;
|-	&lt;br /&gt;
| Total Payment to Date || $60,000&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
This format will help clarify payment history with the utility owner. Progress payments for actual cost utility agreements may not exceed the Commission&#039;s total estimated cost shown in the agreement. However, if the request for a progress payment exceeds the original estimate, a change order with explanation should accompany the request. (See EPG 641.2.16.5 Change Orders.)&lt;br /&gt;
&lt;br /&gt;
====643.2.14.4.3 Final Payment====&lt;br /&gt;
Utility owners are required to submit a detailed final invoice to MoDOT for all actual cost reimbursable utility work and for any lump sum reimbursable utility work that was not prepaid. For prepaid lump agreements, the utility owner must submit a zero-dollar ($0) invoice to demonstrate the work has been completed. After the utility work has been fully completed, the district utilities staff responsible for inspection should send the utility owner a “60 Day” Final Acceptance Letter requesting a complete final invoice within 60 days, as detailed in the utility agreement. If the final invoice is not received from the utility owner within 30 days, then a follow up letter should be sent (i.e., “30 Day” Reminder Final Invoice Letter) reminding the utility owner of its obligation to submit a final invoice within 60 days of the completed work. If a final invoice from the utility owner is not received within this timeframe, then the district utilities staff should contact the Design Liaison Engineer for guidance on how to close out the work.&lt;br /&gt;
&lt;br /&gt;
The district utilities staff is expected to check the final bill within two (2) weeks after receipt in as much detail as possible against the C-9. It is their responsibility to verify from field records the quantities of labor, equipment, material used, material retired, and to justify all changes made. If the utility owner’s contractor made the adjustment at unit cost prices, then it is the district utility staff’s responsibility to verify the number of units completed and not the hours of labor and equipment. It is also important for the utility owner to show the words “final bill” or “final invoice” on the last bill, in order for MoDOT to understand that no additional charges will be made on the adjustment. The final bill must show a general description of the utility adjustment, the highway project number, the date on which work was completed or last item of billed expense was incurred, and the location where records can be audited. The order of items in the final statement should follow as closely as possible the order of items in the original estimate. A summary, on the utility owner’s letterhead, of the total cost of preliminary engineering, construction engineering, right of way, labor, overhead, construction travel expense, transportation, equipment, materials, supply, handling, and salvage credits should be shown in a way that will permit direct comparison with the approved estimate from the original or supplemental agreements (see EPG 643.2.12.6).&lt;br /&gt;
&lt;br /&gt;
If the Actual Cost final invoice shows a much higher cost than the original estimate without scope change, the utility owner is required to give reasons in a letter to the district utilities staff explaining why the invoice cost increased. When the Actual Cost final invoice exceeds the amount shown in the table in EPG 643.2.12.6, a supplemental agreement is required.&lt;br /&gt;
&lt;br /&gt;
When the district utilities staff has determined that the final invoice is accurate, the C-13 should be completed. Once the C-13 is completed, the C-13 and the final invoice from the utility owner are forward to Financial Services. For Actual Cost agreements, the C-9s should also be included in this transmittal. If no additional payments are required, the district utilities staff should note this in the transmittal as well. If the final invoice indicates previous payments to a utility owner exceeded the final invoice, the utility owner will need to send MoDOT a check for the overpayment amount. The check should be made payable to Director of Revenue – Credit State Road Fund. If the utility owner did not send MoDOT an overpayment check with the final invoice, district utilities staff should send a letter to the utility owner requesting the refund amount. Submittal of the final invoice to Financial Services should not occur until repayment has been received. The submittal to Financial Services should note the receipt of the repayment check.&lt;br /&gt;
&lt;br /&gt;
==643.2.15 Notice to Proceed==&lt;br /&gt;
For PE only, once an agreement has been executed, and Financial Services has advised that authorization from FHWA has been received, district utilities staff will issue a notice to proceed (NTP) letter to the utility owner for the PE. For agreements that include PE and construction or once a final agreement for construction has been executed, right of way clearance has been issued, and Financial Services has advised that authorization from FHWA has been received, the district utilities staff will issue NTP to the utility owner for construction. See Example of Notice to Proceed Letter. If salvage credit is part of the agreement with the utility owner, the NTP letter should include a statement that the utility owner will need to inform district utilities staff of the time and place that inspection may be made of the removed material. The utility owner may be held accountable for full value of materials disposed without proper notice. Utility owners may purchase materials prior to NTP for construction; however, no other work on the adjustment necessary to allow highway construction may begin prior to NTP for construction. The utility owner, for reasons of planning their workload or due to seasonal situations, may request early authorization to perform the work. This request, with the district utilities staff recommendations, is sent to the Design Liaison Engineer for further handling, approval, and advancement of the necessary funds. A copy of the NTP should be saved in MoProjects. If a utility owner begins adjustments prior to NTP for construction, district utilities staff should notify the utility owner immediately in writing that reimbursement will not be made for work done prior to NTP for construction.&lt;br /&gt;
&lt;br /&gt;
==643.2.16 Construction of Utility Adjustments==&lt;br /&gt;
===643.2.16.1 Utility Owner Self-Perform===&lt;br /&gt;
As per 23 CFR 645.115 Construction, it may be cost-effective for certain utility adjustments to be performed by a utility owner with its own internal forces and equipment, provided the utility owner is qualified to perform the work in a satisfactory manner. This cost-effectiveness finding covers minor work on the utility owner’s existing utility facilities routinely performed by the utility owner with its own forces.&lt;br /&gt;
&lt;br /&gt;
===643.2.16.2 Construction Contract Requirements===&lt;br /&gt;
When the utility owner is not adequately staffed and equipped to perform such work with its own forces and equipment at a time convenient to coordination with the associated highway construction, such work may be done one of four ways for utility adjustments:&lt;br /&gt;
# MoDOT can provide the construction services, via awarded contract to the lowest qualified bidder based on appropriate solicitation. This can be done by including the adjustment work in the roadway improvement project (EPG 643.2.12.4 Utility Agreement for Utility Work Included in Roadway Improvement Project) or by having a utility only project (EPG 643.2.12.5 Utility Only Project).&lt;br /&gt;
# The utility owner can award a construction contract to the lowest qualified bidder based on appropriate solicitation.&lt;br /&gt;
# The utility owner can utilize an existing continuing contract, provided the costs are reasonable (see EPG 643.2.9.1 Independent Cost Estimate).&lt;br /&gt;
# The utility owner can contract for low-cost incidental work, such as tree trimming and the like, without competitive bidding, provided the costs are reasonable (see EPG 643.2.9.1 Independent Cost Estimate).&lt;br /&gt;
&lt;br /&gt;
When a utility owner chooses option 2 to award its own new construction contract, the utility owner must provide the following documents and information to the district utilities staff. These documents need to be provided as soon as the utility owner has chosen to pursue a construction contract. Document 1 must be supplied by all utility owners. Documents 2 and 3 are only required when the utility owner is a local government agency who is also a political subdivision of the state of Missouri (e.g., city-owned utilities, county-owned utilities). All other utility owners are encouraged, but not required, to provide Documents 2 and 3.&lt;br /&gt;
# A statement that the utility owner is not staffed or able to perform the required construction activities with its own forces.&lt;br /&gt;
# A copy of the request for proposal used to secure bids.&lt;br /&gt;
# A list of a minimum of 3 bidders whom they believe can do the work. &#039;&#039;&#039;Political subdivisions are required to advertise for the work&#039;&#039;&#039;.&lt;br /&gt;
# Upon review of these documents, the district utilities staff will advise the utility owner to proceed with the solicitation of bids, but the utility owner will not be permitted to award the contract without the concurrence of district utilities staff. For lump sum agreements, approval of contract work and subcontract work is not required.&lt;br /&gt;
&lt;br /&gt;
The following documents need to be provided as soon as the utility owner has determined the lowest qualified contractor and would like to award the project. Document 1 must be supplied by all utility owners. Document 2 is only required when the utility owner is a local government agency who is also a political subdivision of the state of Missouri (e.g., city-owned utilities, county-owned utilities). All other utility owners are encouraged, but not required, to provide Document 2.&lt;br /&gt;
# The name address of the lowest qualified contractor.&lt;br /&gt;
# The tabulation of bids received and other information to support their recommendation for award to the lowest qualified bidder.&lt;br /&gt;
&lt;br /&gt;
The district utilities staff will review and approve the utility owner&#039;s bid information prior to the award of the contract. The Design Liaison Engineer is available to assist the district with review of bid information if necessary. Once the district utilities staff provides concurrence, the utility owner may proceed with awarding the contract. When the utility owner is a local government agency who is also a political subdivision of the state of Missouri (e.g., city-owned utilities, county-owned utilities), a copy of the executed contract must be shared with the district utilities staff. All other utility owners are encouraged, but not required, to provide a copy of the executed contract.&lt;br /&gt;
&lt;br /&gt;
A checklist is available for reviewing contracts to ensure the contract conforms to MoDOT policy and complies with applicable federal regulations.&lt;br /&gt;
&lt;br /&gt;
When a utility owner chooses to utilize a an existing continuing contract, the utility owner will submit a copy of the contract to the district utilities staff. The district utilities staff will review the contract for reasonableness of cost. If district utilities staff and the utility owner’s representative cannot agree on the reasonableness of cost, then the utility owner will be required to award a new construction contract.&lt;br /&gt;
&lt;br /&gt;
===643.2.16.3 Inspection===&lt;br /&gt;
The degree of inspection needed for utility adjustments will vary considerably with the nature and location of the work and whether the Commission is responsible for any portion of the cost of reimbursement. Judgment must be used regarding the manner and regularity of inspection duties. Some phases of the work require a very close check to ensure that the highway will not be adversely affected and to ensure satisfactory performance of work in accordance with the agreement and plans. The degree of inspection may vary from spot checking of overhead installations to continuous close observation of backfilling trenches beneath proposed pavement, embankment area, or adjacent to bridge abutments. Proper inspection can ensure that the utility adjustment is completed as efficiently as possible to minimize future impacts to the utility facility and the highway construction project. A [https://epg.modot.org/forms/general_files/DE/UtilityFieldInspectionChecklist.docx Field Inspection Checklist] to assist district utilities staff responsible for inspection is available.&lt;br /&gt;
&lt;br /&gt;
If it is found that any actual cost reimbursable utility adjustment is being performed by unapproved contractors, district utilities staff should direct the work to stop. The utility owner’s representative should be informed immediately and should be advised in writing that the costs incurred by an unapproved contractor are not eligible for reimbursement under provisions of the agreement. The district utilities staff can take appropriate steps to approve a subcontract and advise when the utility owner can recommence work.&lt;br /&gt;
&lt;br /&gt;
===643.2.16.4 Documentation===&lt;br /&gt;
All documents related to the construction of the utility adjustment necessary to allow highway construction should be stored in MoProjects.&lt;br /&gt;
&lt;br /&gt;
Construction records must be kept to confirm that work is done in accordance with the terms of the agreement and in the manner proposed in the plans. The importance of a complete and accurate record cannot be overemphasized. Detailed records are necessary to support the recommendation for payment of the final invoice. A complete, separate daily record must be kept on each actual cost adjustment and submitted for review when the final invoice is recommended for payment. This district utilities staff responsible for inspection should complete the Daily Utility Report (C-9).&lt;br /&gt;
&lt;br /&gt;
====643.2.16.4.1 Utility Reports====&lt;br /&gt;
The Daily Utility Report ([https://epg.modot.org/forms/general_files/DE/C-9.docx Form C-9]) and the Final Utility Report ([https://epg.modot.org/forms/general_files/DE/C-13.docx Form C-13]) are used for documenting utility adjustments necessary to allow highway construction. The use of C-9s and C-13s will vary with method of reimbursement. For utility adjustments necessary to allow highway construction that overlap with the highway contractor’s work, progress records should be kept as necessary to coordinate the highway and utility construction activities. Sufficient records must be maintained to check and verify the items of labor, equipment, materials, and salvaged items as submitted on the final invoice.&lt;br /&gt;
&lt;br /&gt;
=====643.2.16.4.1.1 Daily Utility Report (C-9)=====&lt;br /&gt;
C-9s are only required for actual cost agreements. The district utilities staff responsible for inspection must in all cases keep records to document inclement weather, down time, and verbal authorization for minor changes. The district utilities staff responsible for inspection must complete a C-9 documenting the number and classification of employees and number of hours worked. Records of material used and of retired materials returned to stock or scrapped must be kept. The utility owner’s major items of equipment must also be recorded. When work is done by the contract method based on unit prices, the district utilities staff responsible for inspection should ascertain that units of work as provided in the bid proposal are measured and recorded to form a basis for checking the final invoice. C-9s should list the location and the number of units of work accomplished for that period. If contract labor or equipment is used by a utility owner on the basis of a bid per hour, per day, etc., it will be necessary to keep records on this labor or equipment time in the same manner as if the utility owner were performing the work with its own internal forces. District utilities staff responsible for inspection should also note all contractors working for the utility owner and the contractor approval authorization dates given in the agreement.&lt;br /&gt;
&lt;br /&gt;
=====643.2.16.4.1.2 Final Utility Report (C-13)=====&lt;br /&gt;
C-13s summarize that the utility adjustment work that was done in accordance with the agreement and plans, the percentage of total cost that is the responsibility of the Commission, and any progress payments that have been made. A C-13 is required for both actual cost and lump sum agreements. The requested numbers shown on line 9 (Commission Estimated Cost) and line 10 (Amount of Final Bill) in the report are the Commission’s total responsibility.&lt;br /&gt;
&lt;br /&gt;
====643.2.16.4.2 Breakdown and Emergency====&lt;br /&gt;
When breakdown and emergency situations occur, prior approval by MoDOT is not required for contract or equipment rental work unless the cost or period of time will be extensive. The utility owner should furnish a letter as soon as possible to explain the situation and set out the estimated costs involved. The district utilities staff’s records should substantiate the need and the changes for personnel and equipment.&lt;br /&gt;
&lt;br /&gt;
====643.2.16.4.3 Stop Work====&lt;br /&gt;
If at any point, a stop work order is given by MoDOT to a utility owner, written documentation of the stop work order should be saved in MoProjects.&lt;br /&gt;
&lt;br /&gt;
===643.2.16.5 Change Orders===&lt;br /&gt;
Any change in the plan of adjustment should be documented in writing to the utility owner as a change order. If the change order is anticipated to exceed $100,000 or 15% of the original agreement amount, district utilities staff should negotiate a supplemental agreement with the utility owner’s representative. Once a supplemental agreement is in place, district utilities staff should contact Financial Services to obtain an adjustment of the obligation mid-project. Change orders without supplemental agreements will be settled once the project is complete.&lt;br /&gt;
&lt;br /&gt;
====643.2.16.5.1 Actual Cost Agreement====&lt;br /&gt;
Slight modifications in quantities or the addition of minor items not included with the original agreement do not require a supplemental agreement. However, such changes should be documented in writing with the utility owner. A supplemental agreement is needed if costs exceed the above threshold or if there is a change in the percentage of cost that is the Commission’s responsibility on an agreement with shared responsibility for costs. Intermediate partial payments cannot be made on items in a supplemental agreement until the supplemental agreement is approved.&lt;br /&gt;
&lt;br /&gt;
====643.2.16.5.2 Lump Sum Agreement====&lt;br /&gt;
A supplemental agreement to a Lump Sum Agreement is only required for significant changes in the scope of work of the utility adjustment necessary to allow highway construction. Normal overruns are not considered as changes in approved work and will not be reimbursed. Significant changes in the scope of work on utility adjustments necessary to allow highway construction cannot be done until the supplemental agreement is approved, and the adjustment in obligation of funds is complete.&lt;br /&gt;
&lt;br /&gt;
==643.2.17 Utilities during Highway Construction==&lt;br /&gt;
The contractor is responsible for having utilities located by contacting Missouri One-Call (811) prior to any excavation on the project. A reminder of this responsibility should be made at the preconstruction meeting.&lt;br /&gt;
&lt;br /&gt;
===643.2.17.1 Preconstruction Meeting (Pre-Con)===&lt;br /&gt;
District utilities staff should be invited to all pre-cons.&lt;br /&gt;
&lt;br /&gt;
Pre-cons fall into three categories relating to utilities:&lt;br /&gt;
# No utility adjustments are anticipated within the project limits,&lt;br /&gt;
# All utility adjustments completed prior to the pre-con, and&lt;br /&gt;
# All utility adjustments not completed prior to the pre-con.&lt;br /&gt;
&lt;br /&gt;
====643.2.17.1.1 No Utility Adjustments Anticipated within the Project Limits====&lt;br /&gt;
For projects without a Utility Job Special Provision (JSP), no involvement of the utility owners is required at the pre-con. For projects with a Utility JSP, the Resident Engineer (RE) should invite all utility owner representatives listed in the JSP with known required adjustment to the pre-con. The RE should review potential impacts of the highway construction project with the contractor and the utility owner.&lt;br /&gt;
&lt;br /&gt;
====643.2.17.1.2 All Utility Adjustments Completed Prior to the Pre-Con====&lt;br /&gt;
The RE should invite all utility owner representatives listed in the JSP with known required adjustment to the pre-con. The RE should review potential impacts of the highway construction project with the contractor and the utility owner. A general discussion should highlight the previous adjustments made by the utility owner and what abandoned utility facilities the contractor may encounter.&lt;br /&gt;
&lt;br /&gt;
====643.2.17.1.3 All Utility Adjustments Not Completed Prior to the Pre-Con====&lt;br /&gt;
It is important for the RE and inspector to understand the utility owner’s work schedule and how it relates to the contractor’s work schedule. During the pre-con, the schedule of the utility owner and highway construction contractor should be discussed, and conflicts should be addressed to allow utility adjustments and highway construction to progress as near to the proposed schedule as possible. On large-scale projects that have many utility issues to address that could impact the work of the highway construction contractor, it may be necessary to have a separate pre-con with utility owner representatives.&lt;br /&gt;
&lt;br /&gt;
===643.2.17.2 Coordination Meetings===&lt;br /&gt;
When the utility work will not be completed soon after the preconstruction meeting, the RE should meet with district utilities staff, the highway construction contractor, and the utility owner representatives on a regular basis to discuss utility coordination issues, so expectations from all parties are known and conveyed clearly. The utility owner may need some work performed by MoDOT or the highway construction contractor prior to completing their adjustments. (Examples include: survey staking of right of way or proposed facilities, trees cleared, grading performed, or new structures built).&lt;br /&gt;
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==643.2.18 Service Drops==&lt;br /&gt;
Power and communication services provided by utility owners are necessary for the operation of the highway system. These services may include power to traffic signals, lighting, or ITS devices; power for cathodic protection; or telecommunication services to signal controllers or ITS devices. The project design teams should work with district utilities staff to identify proper locations for the applicable utility owners to provide these services. Various utility owners have different requirements for this process. The district utilities staff is encouraged to develop a workable relationship with the utility owners who provide these services to MoDOT. The costs of installing the services charged by the utility owner are considered a non-contractual item and should be accounted for in the project’s budget in the STIP. The proposed location and method for the service drops should be shown on the roadway plans. District utilities staff should meet with the utility owner’s representative to ensure the proposed location can be accommodated by the utility owner. For electrical service connections, the power supply assembly is ideally located a maximum of ten feet (10’) from the source location. Plans submitted for PS&amp;amp;E should reflect the agreed upon location for all service connections. During construction, district utilities staff and district construction staff should work together to ensure the placement of the services is consistent with the project plans. Payment for the service drops should be invoiced by the utility owner to the district. District utilities staff is responsible for submission of the invoice directly to Financial Services for payment noting the non-contractual charges for the project.&lt;br /&gt;
&lt;br /&gt;
==643.2.19 Buy America Build America for Utilities==&lt;br /&gt;
FHWA’s Buy America Build America (BABA) policies require a domestic manufacturing process for all steel or iron products, other construction materials, and manufactured products that are permanently incorporated into Federal-Aid Highway construction projects, including products and materials used for adjustments to utility facilities to allow highway construction. These guidelines are for all federally reimbursable transportation projects where FHWA is the lead federal agency; it does not take precedence over projects where Federal Transit Administration or the Federal Railroad Administration is deemed the be the lead federal agency.&lt;br /&gt;
&lt;br /&gt;
===643.2.19.1 Program Requirements for Utilities===&lt;br /&gt;
All MoDOT projects are federal-aid projects, and therefore, all reimbursable utility adjustments are required to follow the provisions of BABA. More information on MoDOT’s BABA policy and procedures can be found in [[106.9_Buy_America_Requirement|EPG 106.9 Buy America Requirement]]. Specifically, utility owners should be aware of the following procedures for determining applicability of the EPG 106.9 requirements to reimbursable utility adjustments necessary to allow highway construction:&lt;br /&gt;
* BABA does not apply when materials are relocated from one location to another within the project limits.&lt;br /&gt;
* BABA does not apply for materials necessary for temporary utility adjustments assuming materials are removed from the right of way upon completion of the utility adjustment to allow highway construction.&lt;br /&gt;
* Non-reimbursable work must be kept separate from reimbursable work (agreements, permits, etc.) in order to not be subject to BABA.&lt;br /&gt;
&lt;br /&gt;
===643.2.19.2 Certification Requirements for Utilities===&lt;br /&gt;
Utility owners have the option of choosing either to self-certify BABA compliance or provide vendor/manufacturer certification to MoDOT. The method of certification is chosen by the utility owner and is documented in either the MRUA or the project specific agreement. Regardless of agreement type or certification method, the utility owner must be compliant with BABA requirements.&lt;br /&gt;
&lt;br /&gt;
====643.2.19.2.1 BABA Utility Owner Self-Certification====&lt;br /&gt;
If a utility owner chooses to self-certify BABA compliance, the utility owner is not required to provide MoDOT copies of the supplier certification as part of the project documentation or with the final invoice for any reimbursable utility adjustment necessary to allow highway construction. Retention of all documents should be as described in the agreement.&lt;br /&gt;
&lt;br /&gt;
====643.2.19.2.2 BABA Vendor/Manufacturer Certification====&lt;br /&gt;
If a utility owner chooses to use vendor/manufacturer certification, the utility owner will supply MoDOT BABA compliance from all vendors and/or manufacturers. Certification from vendors will be signed by an authorized representative of the vendor on company letterhead or other acceptable documentation and will declare that all supplied materials subject to BABA requirements are fully compliant. Certification from iron or steel manufacturers must be in the form of a mill test report (MTF) issued and signed by the initial fabricator stating the materials subject to BABA were melted and manufactured in the United States. Other written statements on company letter or other acceptable documentation signed by an authorized representative of the manufacturer for any additional treatment to the fabricated material (such as blasting, galvanizing, painting, or coating) will state that all treatment processes occurred in the United States according to FWA guidelines. Retention of all documents should be as described in the agreement. Manufacturer certification for manufactured products or construction materials will state that all materials were sourced from the United States and were fabricated in the United States. Retention of all documents should be as described in the agreement.&lt;br /&gt;
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&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643.3 Reserved for Future Use &#039;&#039;PAGE TITLE&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;&lt;br /&gt;
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&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643.4 Railroads (NO CHANGE) &#039;&#039;PAGE TITLE&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;&lt;br /&gt;
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==236.5.12 Excess Land Conveyances &amp;amp; Relinquishments - Utilities==&lt;br /&gt;
All conveyances and relinquishments of Commission-owned property shall be evaluated for the existence of any utility facilities located within the areas to be conveyed or relinquished. A conveyance or relinquishment of Commission-owned property may have implications to the utility facilities, and the utility owners, when the Commission no longer controls the property. It is important to maintain the continuity of utility facilities for the general public; therefore, to identify and minimize potential impacts, MoDOT shall involve utility owners in the conveyance and relinquishment processes.&lt;br /&gt;
&lt;br /&gt;
===236.5.12.1 Excess Land Conveyances Utilities===&lt;br /&gt;
MoDOT shall only recommend that a property be declared excess upon satisfactorily addressing the utility impacts. Whether MoDOT or an external party initiates the conveyance of excess property, utility impacts shall be adequately addressed by using one of the following methods: &lt;br /&gt;
:1. Each utility facility will be relocated by permit into a new utility corridor retained by the Commission.&lt;br /&gt;
:2. Each utility facility will remain in place with the benefit of a non-exclusive permanent utility easement.&lt;br /&gt;
::&#039;&#039;If the Commission holds fee simple title to the property, the Commission shall convey a non-exclusive permanent utility easement to each utility owner&#039;&#039;.&lt;br /&gt;
::&#039;&#039;If the Commission holds a less than fee simple title interest in the property, MoDOT shall facilitate the conveyance of a non-exclusive permanent utility easement from the party acquiring the property to each utility owner&#039;&#039;.&lt;br /&gt;
:3. Each utility facility will be relocated to another portion of the property being conveyed.&lt;br /&gt;
::&#039;&#039;If the Commission holds fee simple title to the property, the Commission shall convey a non-exclusive permanent utility easement to each utility owner&#039;&#039;. &lt;br /&gt;
::&#039;&#039;If the Commission holds a less than fee simple title interest in the property, MoDOT shall facilitate the conveyance of a non-exclusive permanent utility easement from the party acquiring the property to each utility owner&#039;&#039;.&lt;br /&gt;
:4. Each utility facility will be relocated onto a portion of the property already owned by the party acquiring the Commission-owned property, with the benefit of a non-exclusive permanent easement. (MoDOT shall facilitate the conveyance of a non-exclusive permanent utility easement from the party acquiring the property to each utility owner.)&lt;br /&gt;
:5. A three-party negotiated settlement taking into consideration the overall value of the proposed transaction.&lt;br /&gt;
:6. Additional options to address utility impacts may be utilized with approval from the Asst. to the State Design Engineer - Right of Way.&lt;br /&gt;
&lt;br /&gt;
===236.5.12.2 Road Relinquishment Utilities===&lt;br /&gt;
MoDOT shall only recommend the relinquishment of roadways through the [[236.14 Change in Route Status Report|Change in Route Status Report]] upon satisfactorily addressing the impacts to utility facilities. If the roadway will be relinquished to a local public transportation authority, with the intent that it continues to be used as a public roadway, a clause similar to the following shall be included in the deed from the Commission to the local public transportation authority:&lt;br /&gt;
:&#039;&#039;&amp;quot;Grantee, by acceptance of this conveyance, covenants and agrees for itself, its successors and assigns, to allow known or unknown utility facilities currently located on the property, whether of record or not, to remain on the property, and to grant the current and subsequent owners of those facilities the right to maintain, construct and reconstruct the facilities and their appurtenances over, under, and across the land herein conveyed, along with the right of ingress and egress across the land herein conveyed to and from those utilities.&amp;quot;&#039;&#039; &lt;br /&gt;
&lt;br /&gt;
Proposed roadway relinquishments to private entities shall be reviewed in a manner consistent with the conveyance of excess property described in [[236.5 Property Management#236.5.3 Asset Management Committee|EPG 236.5.3 Asset Management Committee]].&lt;/div&gt;</summary>
		<author><name>Hoskir</name></author>
	</entry>
	<entry>
		<id>https://epg.modot.org/index.php?title=User:Hoskir/Revision_Request_4225&amp;diff=58864</id>
		<title>User:Hoskir/Revision Request 4225</title>
		<link rel="alternate" type="text/html" href="https://epg.modot.org/index.php?title=User:Hoskir/Revision_Request_4225&amp;diff=58864"/>
		<updated>2026-06-18T20:29:05Z</updated>

		<summary type="html">&lt;p&gt;Hoskir: /* 643.2.9.3.6 Equipment Costs */&lt;/p&gt;
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&lt;div&gt;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643 Utility Procedures  &#039;&#039;CATEGORY&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt; &lt;br /&gt;
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| &#039;&#039;&#039;&amp;lt;center&amp;gt;&amp;lt;u&amp;gt;Additional Resources&amp;lt;/u&amp;gt;&amp;lt;/center&amp;gt;&#039;&#039;&#039;&lt;br /&gt;
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| ● [https://www.ecfr.gov/current/title-23/chapter-I/subchapter-G/part-64523 CFR 645]&lt;br /&gt;
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| ● [https://www.sos.mo.gov/cmsimages/adrules/csr/current/7csr/7c10-3.pdf7 CSR 10-30]&lt;br /&gt;
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&#039;&#039;&#039;Utility Accommodation Policy:&#039;&#039;&#039; State DOTs are required to develop policies and procedures pertaining to the use, accommodation, and/or relocation of public and private utility facilities on highway rights-of way using Federal-aid highway funds. State DOTs are required to develop, maintain, and obtain FHWA approval of their Utility Accommodation Policy (UAP) (23 CFR section 645.215). This EPG article 643 and subarticles 643.1 through 643.3 are Missouri Department of Transportation (MoDOT)’s Utility Accommodation Policy. Text in EPG 643 consolidates various federal and state statutes and rules into a single, cohesive, workable policy to outline processes for MoDOT staff and utility owners.&lt;br /&gt;
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&#039;&#039;&#039;Delegation of Work:&#039;&#039;&#039; Each MoDOT district is responsible for ensuring implementation of the UAP outlined in the subsequent EPG articles. Each district can create its own organization for whom is responsible for the work including between divisions and job titles. Work responsibilities within this article and subarticles are generic where possible. If a specific title is included, that title has sole responsibility for that item of work.&lt;br /&gt;
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&#039;&#039;&#039;643 documents not being used&#039;&#039;&#039;&lt;br /&gt;
[[media:144 Major Highway System 2022.pdf|major routes]]&lt;br /&gt;
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&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643.1 Utility Location  &#039;&#039;PAGE TITLE&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt; &lt;br /&gt;
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The information in this article provides a uniform system for regulating the location, construction, maintenance, removal, and relocation of utility facilities on the right of way of roadways located on the state highway system. It also provides for the facilitation of construction and maintenance of these roadways. Any location or relocation of utility facilities contrary to this information is an interference with the construction, maintenance, or operation of a state highway and its right of way and is prohibited.&lt;br /&gt;
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==643.1.1 Permits==&lt;br /&gt;
All utility owners are required to obtain a permit to work on Missouri Highway and Transportation Commission (Commission) right of way. A permit is required for original installation of the utility facility, on-going maintenance of the utility facility, or adjustments to a utility facility necessary to allow highway construction. Per [[127.29_Stormwater#127.29.4.3_MCM_3:_Illicit_Discharge_Detection_and_Elimination_(IDDE)_Program|EPG 127.29.4.3]], discharges of anything other than stormwater are not permitted. A deposit or bond is required to ensure completion of the work in accordance with the permit issued. An [https://www.modot.org/permits application for a permit] may be made on established forms specifically stating the nature of the work to be performed. Applications for permits may be obtained at any of the [https://www.modot.mo.gov/ seven (7) district highway offices] of the Commission, [https://www.modot.mo.gov/ MoDOT&#039;s website], or by requesting it from the office of the Missouri Highways and Transportation Commission in Jefferson City, Missouri. The application for a permit will specifically state the nature of the work to be performed, what specific type of utility facility is to be installed, and, if necessary, the timeframe of any temporary use. Piping of any type of sewage or waste will only be allowed providing any permitting by a regulatory agency, such as Missouri Department of Natural Resources, can be provided. Prior to obtaining a permit through MoDOT’s permit system, a utility owner will be required to provide a bond to ensure satisfactory work and complete a TR50 Electronic Signature Agreement with the Commission. The name of the utility owner must match on the bond, TR50, and in the permit system. More information on permitting can be found in [[:Category:941_Permits_and_Access_Requests|EPG 941]].&lt;br /&gt;
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===643.1.1.1 Emergency Work===&lt;br /&gt;
When emergency operations work is necessary, the damaged utility facility may be accessed immediately and without a permit by leaving the pavement at such points as may be necessary to effect emergency repairs, provided immediate notice is given to the Missouri State Highway Patrol and the district utilities staff for the district wherein the work will be performed, and a permit for emergency operations is requested immediately upon discovery of the need for emergency operations. A permit for emergency operations work is to be obtained as soon as practical, but in no event later than two (2) working days after the emergency operations work has commenced. Emergency operations include, but are not limited to, unplanned work in response to utility facilities being so damaged as to constitute an emergency situation directly affecting or endangering traffic on the highway or public health or safety.&lt;br /&gt;
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===643.1.1.2 Third-Party Inspection===&lt;br /&gt;
When a utility owner has a large number of projects in a given area or projects involving great complexity, MoDOT reserves the right to limit the number of permits open at any given time. With approval of the district utilities staff, a utility owner may hire a third-party inspector, at their cost. The third-party inspector will allow the utility owner to increase the number of permits open at any given time. The responsibility of the third-party inspector will be to ensure the installation of the utility facility proceeds in a manner consistent with the plans approved in the permit, including all work zone requirements and conformity with MoDOT’s Standards and Specifications. The MoDOT approved third-party inspector will be listed in the permit. MoDOT may audit third-party inspections and revoke the right to use third-party inspections should the inspectors fail to perform their duties.&lt;br /&gt;
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===643.1.1.3 Abandoned Utility Facilities===&lt;br /&gt;
All utility facilities installed in Commission right of way are the property of the utility owner whether the utility facility is active or inactive. MoDOT may allow a utility facility to remain on Commission right of way whether the utility facility was abandoned for a MoDOT project or at the utility owner’s discretion. MoDOT may place requirements (such as removing inactive fiber optic cables, grouting pipes, removing valves) on the utility owner as part of the process of abandoning a utility facility. Liability for damage to Commission right of way due to an abandoned facility remains the responsibility of the utility owner. In the event MoDOT requires the removal of the abandoned utility facility, responsibility for the cost of the removal will be determined per [[643.2_Local_Utility_Adjustments_-_Public_and_Private#643.2.8_Preliminary_Engineering_(PE)_Requirements|EPG 643.2.8]].&lt;br /&gt;
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==643.1.2 Definitions==&lt;br /&gt;
&#039;&#039;&#039;Bridge Attachment:&#039;&#039;&#039; A bridge attachment is any utility facility, including communication lines and electrical lines, or any other utility facility of a similar nature that is fastened to a bridge for the purpose of spanning an obstacle.&lt;br /&gt;
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&#039;&#039;&#039;Clear zone:&#039;&#039;&#039; The total roadside border area starting at the edge of the traveled way, available for safe use by errant vehicles. This area may consist of a shoulder, a recoverable slope, a non-recoverable slope, and/or the area at the toe of a non-recoverable slope available for safe use by an errant vehicle. Clear zone dimensions are provided in the current edition of American Association of State Highway Transportation Officials Roadside Design Guide.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Ditch Line:&#039;&#039;&#039; A line where the roadway ditch meets the back slope. It is located at the lowest point of a V-bottom ditch or furthest point from the roadway of a flat bottom ditch where the roadway slopes back to the existing ground line.&lt;br /&gt;
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&#039;&#039;&#039;Duct:&#039;&#039;&#039; An enclosed tubular casing, or raceway, for protecting wires, lines, or cables that is often flexible or semi-rigid (1-3% diametric deflection). The casing, or raceway, is separate from the cable or conductor that passes through it.&lt;br /&gt;
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&#039;&#039;&#039;Encasement:&#039;&#039;&#039; The term encasement means the placing of an installation around and outside of an underground facility consisting of a larger conduit that permits the removal and replacement of the facility. An alternate to the conduit type encasement is reinforced concrete poured around the utility facility. Utility owners are allowed to use any types of material as a carrier and encasement for its facilities as expressly provided for in the permit issued for the installation of the utility facility.&lt;br /&gt;
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&#039;&#039;&#039;Freeway:&#039;&#039;&#039; A divided arterial highway with full control of access.&lt;br /&gt;
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&#039;&#039;&#039;Highway:&#039;&#039;&#039; Any public way for vehicular travel, including the entire area within the right of way and related facilities constructed or improved and maintained by the Missouri Highways and Transportation Commission (MHTC) acting through the Missouri Department of Transportation (MoDOT).&lt;br /&gt;
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&#039;&#039;&#039;Interchange Limits:&#039;&#039;&#039; For the uniform handling of utility installations only, the limits of an interchange are the outside ramp curve points. See [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_1_TypicalInterchangeLimits_AOD.pdf EPG Figure 643.1.1] for an example.&lt;br /&gt;
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&#039;&#039;&#039;Interstate System or Other Freeways/Expressways:&#039;&#039;&#039; Interstate highways and highways with fully controlled access.&lt;br /&gt;
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&#039;&#039;&#039;Major Routes (Interstates, Freeways/Expressways and Principal Arterials):&#039;&#039;&#039; The major highway system is all routes functionally classified as principal arterials. The principal arterial system provides for statewide or interstate movement of traffic. The major roads in Missouri total approximately 5,500 centerline miles.&lt;br /&gt;
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&#039;&#039;&#039;Minor Routes:&#039;&#039;&#039; The minor highway system is all routes functionally classified as minor arterials or collectors. These routes mainly serve local transportation needs. The minor roads in Missouri total approximately 28,400 centerline miles.&lt;br /&gt;
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&#039;&#039;&#039;Normal Right of Way Line:&#039;&#039;&#039; An imaginary line that connects sudden breaks in the major right of way points for roadways. Sight distance right of way points (triangles) at roadway intersections are not to be considered as sudden breaks for determining normal right of way.&lt;br /&gt;
[[File:fig_643.1.2-06_2026.jpg|none|700px|thumb|Figure 643.1.2 Normal Right of Way Line.]]&lt;br /&gt;
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&#039;&#039;&#039;Private Lines:&#039;&#039;&#039; Privately owned utility facilities which convey or transmit the commodities outlined in the definition of utility facility of this section but devoted exclusively to private use.&lt;br /&gt;
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&#039;&#039;&#039;Scenic Enhancement Areas:&#039;&#039;&#039; Scenic enhancement areas include areas acquired or so designated as scenic strips, overlooks, rest areas, recreation areas, and the right of way of adjacent roadways and the right of way of roadways that pass through public parks and historic sites as described under 23 USC 138.&lt;br /&gt;
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&#039;&#039;&#039;Utility Corridor:&#039;&#039;&#039; An area established for the placement of utility facilities parallel to the normal right of way line.&lt;br /&gt;
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&#039;&#039;&#039;Utility Facility:&#039;&#039;&#039; Privately, publicly, or cooperatively owned line, facility, or system for producing, transmitting, or distributing communications, cable television, power, electricity, light, heat, gas, oil, crude products, water, steam, waste, storm water not connected with highway drainage or any other similar commodity, including any fire or police signal system or street lighting system which directly or indirectly serves the public and does not include privately owned facilities devoted exclusively to private use. The term &amp;quot;utility facility&amp;quot; includes those facilities used solely by the utility owner that are a part of its operating plant.&lt;br /&gt;
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&#039;&#039;&#039;Utility Owner:&#039;&#039;&#039; The utility owner is the utility company, inclusive of any wholly owned or controlled subsidiary, or city or county which owns utility facilities. The term also includes those government agencies that lease a utility facility for its own use or otherwise dedicated solely to governmental use.&lt;br /&gt;
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&#039;&#039;&#039;Variance:&#039;&#039;&#039; A one- (1-) time deviation from the requirements for location or relocation of utility facilities on the right of way of highways in the state highway system as established in [https://www.sos.mo.gov/cmsimages/adrules/csr/current/7csr/7c10-3.pdf Title 7 Code of State Regulations 10-3], requested by the utility, and approved by a MoDOT District Design Engineer.&lt;br /&gt;
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==643.1.3 Location of Utility Facilities==&lt;br /&gt;
Utility facilities paralleling the roadway should be installed in the utility corridor except as outlined below. The utility corridor is the space for all utility owners generally within six feet (6’) of the normal right of way line. When considering if the current utility corridor is available to expand from six feet (6’) to as much as twelve feet (12’), MoDOT determines if the expansion is warranted. In making the determination, MoDOT will consider the existing utilization of the original six feet (6’) corridor. Poles must remain within two feet (2’) of the normal right of way line unless approved by a variance. The utility corridor will only be expanded beyond six feet (6’) if the original six feet (6’) corridor is fully utilized and additional space would be required to accommodate additional utility facilities. Acquisition of additional right of way to establish a twelve feet (12’) corridor is not required on highway construction projects. For depths for underground utility facilities, see [[#643.1.4.1_Minimum_Cover_for_Underground_Facilities|EPG 643.1.4.1]].&lt;br /&gt;
&lt;br /&gt;
Utility facilities crossing the roadway should be installed as close to ninety degrees (90°) to the centerline of the roadway as possible and based on the guidelines below depending on the type of roadway. See [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_3_TypicalUtilityCorridor-InterchangeatMajorRoute_AOD.pdf EPG Figure 643.1.3] and [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_4_TypicalUtilityCorridor-InterchangeatMinorRoute_AOD.pdf EPG Figure 643.1.4] for typical utility corridors around interchanges.&lt;br /&gt;
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===643.1.3.1 Interstate System or Other Major Freeways/Expressways===&lt;br /&gt;
The installation of all utility facilities on highways of the Interstate System or other major freeways/expressways with fully controlled access are to be installed, serviced, and maintained without entering or leaving the roadway and ramps except at points approved by MoDOT for that purpose and without parking any equipment or storing materials upon the medians, roadway and ramps, or shoulders of the roadways. Cutting or damaging the pavement or paved shoulders is not permitted. New service connections to existing parallel utility facilities are to be permitted only where an outer roadway exists and then only where access is permitted by the Commission. Careful consideration will be given to the location of guys, anchors, braces, and other supports. Generally, good design practice will provide that appurtenances be located at right of way jogs, along intersecting road right of way, or at other similar acceptable locations, so that encroachment is held to an absolute minimum.&lt;br /&gt;
&lt;br /&gt;
No utility facilities will be permitted within the interchange limits of an interchange between fully limited access highways where planned or existing. Utility facilities within the interchange limits of an interchange with a non-access controlled highway will be permitted only along the minor road, provided that all construction, service, and maintenance can be performed from the minor road. Manholes and poles must be located beyond the ramp termini.&lt;br /&gt;
&lt;br /&gt;
For structures carrying or over interstates or other major freeways/expressways, see [[#643.1.5_Bridge_Attachment_Policy|EPG 643.1.5]].&lt;br /&gt;
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====643.1.3.1.1 Utility Facilities Crossing the Interstate or Other Major Freeways/Expressways====&lt;br /&gt;
=====643.1.3.1.1.1 Overhead Crossings of the Interstate or Other Major Freeways/Expressways=====&lt;br /&gt;
Overhead crossings of utility facilities are permitted only for power transmission and distribution lines and for multiple circuit communication lines where an underground installation is not economically feasible. Supports for existing utility facilities crossing overhead may remain on the right of way provided they are near the right of way line regardless of the presence of an outer road. Supports for new overhead utility facilities crossing overhead may be located on the right of way near the right of way line where an outer roadway exists and are to be located off the right of way where no outer roadway exists. Overhead service crossings are only permitted in isolated cases for residential or commercial establishments when the denial of the crossing would require construction of more than 1,200 feet (1,200’) of utility line to provide the service. Main or distribution line crossings are required to serve a general area other than isolated cases.&lt;br /&gt;
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=====643.1.3.1.1.2 Underground Crossings of the Interstate or Other Major Freeways/Expressways=====&lt;br /&gt;
Underground crossings of utility facilities are to be continuously encased under the pavement, medians, ramps, and shoulders with the casing extending to the toe of the fill slopes or to the ditch line. In curbed sections, encasement should extend outside the outer curb of the roadways a distance equal to the depth of the encasement at the curb line. Where installed by open trench through unpaved areas, detector tape should be placed approximately one foot (1&#039;) above the encasement. Where an interstate or other major freeway has a parallel outer roadway, encasement should be continuous under all roadways within the right of way.&lt;br /&gt;
&lt;br /&gt;
Manholes or vent pipes are to be located at the right of way line or adjacent to the outer roadway.&lt;br /&gt;
&lt;br /&gt;
For fiber optic cable, encasement should extend from within six feet (6&#039;) of one right of way line to within six feet (6&#039;) of the other right of way line.&lt;br /&gt;
&lt;br /&gt;
Exceptions may be made for encasement as listed in [[#643.1.4.2_Exceptions_to_Encasement|EPG 643.1.4.2]].&lt;br /&gt;
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=====643.1.3.1.1.3 Parallel Installations along the Interstate or Other Major Freeways/Expressways=====&lt;br /&gt;
New parallel installations on the right of way may be permitted only where an outer roadway exists, provided that poles are within two feet (2&#039;) of the normal right of way line and underground utility facilities are within the utility corridor, and provided that the utility facility can be installed and maintained between the outer roadway and the right of way line. Existing overhead or underground utility facilities that parallel an existing roadway which will be incorporated into a completed highway as an outer roadway may remain in place if all maintenance and service can be performed from an outer roadway and the existing location does not interfere with construction, maintenance, or operation of the completed highway. If an existing parallel utility facility needs to be relocated so as to not interfere with the construction, maintenance, or operation of the completed interstate or other major freeway, poles may be located withing five feet (5’) of the right of way line.&lt;br /&gt;
&lt;br /&gt;
Underground utility facilities are expected to be buried within the utility corridor of sight distance triangles (SDTs) at roadway intersections unless granted a variance. Overhead utility facilities may be allowed to span intersecting roadways with SDTs provided the poles, or supports, are located outside the SDT.&lt;br /&gt;
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=====643.1.3.1.1.4 Sanitary Sewers within the Right of Way of Interstates or Other Major Freeways/Expressways=====&lt;br /&gt;
New installations of sanitary sewers should follow the applicable guidelines for either underground crossings or parallel installations as appropriate. Existing gravity trunk sanitary sewers should be considered individually and removed or left in place contingent upon its age, condition, feasibility of moving, and maintenance access. Encasement of existing trunk sewers left in place may be required for questionable condition, protection during construction, or heavy fills.&lt;br /&gt;
&lt;br /&gt;
Manholes should be relocated to the right of way lines or adjacent to an outer roadway.&lt;br /&gt;
&lt;br /&gt;
===643.1.3.2 Major Routes===&lt;br /&gt;
For structures carrying or over major routes, see [[#643.1.5_Bridge_Attachment_Policy|EPG 643.1.5]].&lt;br /&gt;
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====643.1.3.2.1 Major Routes with Partially Controlled Access Right of Way====&lt;br /&gt;
The installation of all utility facilities on highways with partially controlled access right of way are to be installed, serviced, and maintained without entering or leaving the roadway and ramps except at points approved by MoDOT for that purpose and without parking any equipment or storing materials upon the medians, roadway and ramps, or shoulders of the roadways. Cutting or damaging the pavement or paved shoulders is not permitted. Equipment or materials stored within the right of way must be protected by longitudinal barrier or be located outside the clear zone. New service connections to existing parallel utility facilities are to be permitted only where granted by the Commission.&lt;br /&gt;
&lt;br /&gt;
No utility facilities will be permitted within the interchange limits of an interchange between fully limited access highways where planned or existing. Utility facilities within the interchange limits of an interchange with a non-access controlled highway will be permitted only along the minor road, provided that all construction, service, and maintenance can be performed from the minor road. Manholes and poles must be located beyond the ramp termini.&lt;br /&gt;
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====643.1.3.2.2 Major Routes with Normal Access Right of Way====&lt;br /&gt;
All new utility facilities will be installed and maintained without cutting or damaging the pavement or paved shoulders except in the event underlying rock formations or other obstructions are encountered that prevent boring or pushing operations. A variance may be granted for pavement cuts when the need is established. Pavement cuts may only be made by permits issued when it is impractical to otherwise service and maintain the facility. The installation of all utility facilities is to be installed without parking any equipment or storing materials upon the medians, roadway and ramps, or shoulders of the roadways. Equipment or materials stored within the right of way must be protected by longitudinal barrier or be located outside the clear zone.&lt;br /&gt;
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====643.1.3.2.3 Utility Facilities Crossing Major Routes====&lt;br /&gt;
=====643.1.3.2.3.1 Overhead Crossings of Major Routes=====&lt;br /&gt;
Supports for utility facilities crossing overhead should be located as near the right of way line as possible. For major routes with controlled access right of way, new overhead service crossings may be permitted in isolated cases for residential or commercial establishments where the denial of such crossings would require the construction of more than 1,200 feet (1,200’) of utility line to provide the same service. For major routes with normal access right of way, there is no restriction on the placement of service crossings.&lt;br /&gt;
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=====643.1.3.2.3.2 Underground Crossings of Major Routes=====&lt;br /&gt;
Underground crossings of utility facilities are to be continuously encased under the pavement, medians, ramps, and shoulders with the casing extending to the toe of the fill slopes or to the ditch line. In curbed sections, encasement should extend outside the outer curb of the roadways a distance equal to the depth of the encasement at the curb line. Where installed by open trench through unpaved areas, detector tape should be placed approximately one foot (1&#039;) above the encasement. Where a major route has a parallel outer roadway, encasement should be continuous under all roadways within the right of way.&lt;br /&gt;
&lt;br /&gt;
Manholes or vent pipes are to be located at the right of way line or adjacent to the outer roadway.&lt;br /&gt;
&lt;br /&gt;
For fiber optic cable, encasement should extend from within six feet (6&#039;) of one right of way line to within six feet (6&#039;) of the other right of way line.&lt;br /&gt;
&lt;br /&gt;
Exceptions may be made for encasement as listed in [[#643.1.4.2_Exceptions_to_Encasement|EPG 643.1.4.2]].&lt;br /&gt;
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====643.1.3.2.4 Parallel Installations along Major Routes====&lt;br /&gt;
New parallel installations on the right of way may be permitted provided that poles are within two feet (2&#039;) of the normal right of way line and underground utility facilities are within the utility corridor. Existing overhead or underground utility facilities that parallel an existing roadway which will be incorporated into a completed highway may remain in place if all maintenance and service can be performed without entering or leaving the roadway except at approved access points; without parking equipment or storing materials on the median, pavement, ramps, or shoulders; and the existing location does not interfere with construction, maintenance, or operation of the completed highway. If an existing parallel utility facility needs to be relocated so as to not interfere with the construction, maintenance, or operation of the completed highway, poles may be located withing five feet (5’) of the right of way line.&lt;br /&gt;
&lt;br /&gt;
Existing steel pipe transmission and distribution facilities for gaseous petroleum products that parallel an existing roadway that will be incorporated into the completed roadway may be left in place subject to an agreement by the utility owner that maintenance or service and facility expansion will be performed without cutting or damaging the pavement or interfering with the construction, maintenance, and operation of the highway and provided that the facility is cathodically protected against corrosion and meets the applicable material requirements.&lt;br /&gt;
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Underground utility facilities are expected to be buried within the utility corridor of sight distance triangles (SDTs) at roadway intersections unless granted a variance. Overhead utility facilities may be allowed to span intersecting roadways with SDTs provided the poles, or supports, are located outside the SDT.&lt;br /&gt;
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====643.1.3.2.5 Sanitary Sewers within the Right of Way of Major Routes====&lt;br /&gt;
New installations of sanitary sewers should follow the applicable guidelines for either underground crossings or parallel installations as appropriate. An existing gravity trunk sanitary sewer should be considered individually and removed or left in place contingent upon its age, condition, feasibility of moving, and maintenance access. If an existing parallel gravity main is left in place within the limits of the paved surface, paved shoulder lines, or curb lines, stub mains as required will be laid between the sewer main and curb or shoulder lines for future service connections in each block. Manholes should be relocated outside the traveled roadway as near the right of way line as practical.&lt;br /&gt;
&lt;br /&gt;
===643.1.3.3 Minor Routes===&lt;br /&gt;
For structures carrying or over minor routes, see [[#643.1.5_Bridge_Attachment_Policy|EPG 643.1.5]].&lt;br /&gt;
&lt;br /&gt;
====643.1.3.3.1 Utility Facilities Crossing Minor Routes====&lt;br /&gt;
=====643.1.3.3.1.1 Overhead Crossings of Minor Routes=====&lt;br /&gt;
Existing overhead crossings that interfere with construction, maintenance, or operation should be relocated with their supports as near the right of way line as is practical. New overhead crossing installations should be located with their supports as near the right of way line as is practical.&lt;br /&gt;
&lt;br /&gt;
=====643.1.3.3.1.2 Underground Crossings of Minor Routes=====&lt;br /&gt;
All new utility facilities should be installed and maintained without cutting or damaging the pavement or paved shoulders. A variance may be granted for pavement cuts when servicing and maintaining the facility by any other methods is impractical. Pavement cuts may only be made by permits issued. Underground crossings of utility facilities are to be continuously encased under the pavement, medians, ramps, and shoulders with the casing extending to the toe of the fill slopes or to the ditch line. In curbed sections, encasement should extend outside the outer curb of the roadways a distance equal to the depth of the encasement at the curb line. Where installed by open trench through unpaved areas, detector tape should be placed approximately one foot (1&#039;) above the encasement.&lt;br /&gt;
&lt;br /&gt;
Manholes or vent pipes are to be located at the right of way line or adjacent to the outer roadway.&lt;br /&gt;
&lt;br /&gt;
For fiber optic cable, encasement should extend from within six feet (6&#039;) of one right of way line to within six feet (6&#039;) of the other right of way line.&lt;br /&gt;
&lt;br /&gt;
Exceptions may be made for encasement as listed in [[#643.1.4.2_Exceptions_to_Encasement|EPG 643.1.4.2]].&lt;br /&gt;
&lt;br /&gt;
====643.1.3.3.2 Parallel Installations along Minor Routes====&lt;br /&gt;
New parallel installations on the right of way may be permitted provided that poles are within two feet (2&#039;) of the normal right of way line and underground utility facilities are within the utility corridor. Existing overhead or underground utility facilities that parallel an existing roadway which will be incorporated into a completed highway may remain in place if all maintenance and service can be performed without entering or leaving the roadway except at approved access points; without parking equipment or storing materials on the median, pavement, ramps, or shoulders; and the existing location does not interfere with construction, maintenance, or operation of the completed highway. If an existing parallel utility facility needs to be relocated so as to not interfere with the construction, maintenance, or operation of the completed highway, poles may be located within five feet (5’) of the right of way line.&lt;br /&gt;
&lt;br /&gt;
Underground utility facilities are expected to be buried within the utility corridor of sight distance triangles (SDTs) at roadway intersections unless granted a variance. Overhead utility facilities may be allowed to span intersecting roadways with SDTs provided the poles, or supports, are located outside the SDT.&lt;br /&gt;
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====643.1.3.3.3 Sanitary Sewers within the Right of Way of Minor Routes====&lt;br /&gt;
New installations of sanitary sewers should follow the applicable guidelines for either underground crossings or parallel installations as appropriate. An existing gravity trunk sanitary sewer should be considered individually and removed or left in place contingent upon its age, condition, feasibility of moving, and maintenance access. If an existing parallel gravity main is left in place within the limits of the paved surface, paved shoulder lines, or curb lines, stub mains as required will be laid between the sewer main and curb or shoulder lines for future service connections in each block. Manholes should be relocated outside the traveled roadway.&lt;br /&gt;
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===643.1.3.4 Roundabouts===&lt;br /&gt;
Regardless of roadway type, it is desirable to avoid locating utility facilities and their access points within the circulatory roadway. If possible, utility facilities are located in the legs of the roundabout to allow for future maintenance and access at an isolated leg versus affecting the entire roundabout. See [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_5_TypicalLocationofUtilityFacilitiesnearRoundabouts_AOD.pdf EPG Figure 643.1.5] for an example.&lt;br /&gt;
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===643.1.3.5 Utility Facilities in Scenic Enhancement Areas===&lt;br /&gt;
All existing utility facilities within the limits of a scenic enhancement area requiring adjustment because of construction or reconstruction will be placed underground or relocated beyond the limits of the scenic enhancement area. No new above ground facilities will be permitted. New underground facilities will be permitted provided they do not extensively alter or impair the appearance of the area.&lt;br /&gt;
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==643.1.4 Installation of Utility Facilities==&lt;br /&gt;
The following sections provide information on the physical installation of utility facilities within highway right of way.&lt;br /&gt;
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===643.1.4.1 Minimum Cover for Underground Facilities===&lt;br /&gt;
The minimum cover for new underground utilities is:&lt;br /&gt;
* Forty-two inches (42”) for all water lines (parallel and crossings).&lt;br /&gt;
* Forty-two inches (42”) for fiber optic cable (crossings encased in rigid conduit).&lt;br /&gt;
* Seventy-two inches (72”) for fiber optic cable (crossings encased in polyethylene (PE) pipe).&lt;br /&gt;
* Thirty inches (30”) for direct burial and in trench fiber optic cable (parallel).&lt;br /&gt;
* Twenty-four inches (24”) for all other direct burial copper or coaxial cable, (parallel).&lt;br /&gt;
* Seventy-two inches (72”) for uncased polyethylene (PE) gas pipe crossings under ditches and roadways but thirty inches (30”) elsewhere.&lt;br /&gt;
* Thirty inches (30”) for all other (such as, but not limited to, gravity sewers, forced sewers, and electric) underground utilities (both parallel and crossing).&lt;br /&gt;
&lt;br /&gt;
===643.1.4.2 Exceptions to Encasement===&lt;br /&gt;
Exceptions may be made for encasement as follows:&lt;br /&gt;
* Non-fiber communication or electric cables installed in ducts.&lt;br /&gt;
* Welded steel pipelines carrying gaseous or liquid petroleum products - provided they are cathodically protected against corrosion, triple-coated in accordance with accepted pipeline construction standards, and meet applicable material requirements.&lt;br /&gt;
* Natural gas distribution pipe (nominal six-inch (6”) diameter maximum) of polyethylene (PE) plastic, traceable, installed by a horizontal bore method at a minimum depth of seventy-two inches (72”) under ditches and roadways, constructed in accordance with and meeting applicable material requirements.&lt;br /&gt;
* Gas service connections protected and constructed in accordance with and meeting applicable material requirements.&lt;br /&gt;
* Encasement is not required for new trunk sanitary sewer crossings of vitrified clay, reinforced concrete or cast iron except when installation procedures would produce voids in the roadbed, heavy fills, or installations under pressure.&lt;br /&gt;
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===643.1.4.3 Above Ground or Ground Level Appurtenances===&lt;br /&gt;
Appurtenances protruding more than four inches (4”) above the ground line should be located outside the clear zone. If no feasible alternative exists and if permitted by a variance, appurtenances may be allowed within the clear zone if they meet breakaway criteria or will be shielded by a traffic barrier. Good design practice will provide that appurtenances be located at right of way jogs, along intersecting road right of way, or at other similar acceptable locations, so that encroachment is held to an absolute minimum. Cables, wires, small diameter pipes, and other such utility appurtenances extending from the surface of the ground should be equipped with covers or guards to improve their visibility. Appurtenances within sidewalks or street level pedestrian access routes are to be in conformance with the Americans with Disabilities Act requirements.&lt;br /&gt;
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The maximum pull box width perpendicular to the right of way line within the utility corridor is thirty inches (30”).&lt;br /&gt;
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===643.1.4.4 Overhead Utility Facilities===&lt;br /&gt;
The vertical clearance of new or existing overhead installations will not be less than the current minimum requirements of the National Electric Safety Code, but in no case less than eighteen feet (18’) inclusive of sag above the groundline for electrical facilities. Clearance may be reduced for overhead installations of cable, telephone, or fiber optic facilities.&lt;br /&gt;
A minimum radial clearance of twenty-five feet (25’) is provided from any utility facility to the nearest part of any bridge structure. A minimum radial clearance of ten feet (10’) is provided from the nearest charged electrical line to a MoDOT signal, lighting, ITS, or overhead sign structure.&lt;br /&gt;
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===643.1.4.5 Approved Materials===&lt;br /&gt;
Utility owners are allowed to use any material for underground utility facilities including carrier and encasement provided they accept responsibility for any future repairs and/or replacement of damaged MoDOT facilities should a failure occur. This will allow the use of current technology and procedures to provide the best value to its subscribers and the taxpayers of Missouri. For materials that MoDOT also uses in its highway system, utility owners must provide materials that meet the current [https://www.modot.org/missouri-standard-specifications-highway-construction Missouri Standard Specifications for Highway Construction]. For materials not listed in the Missouri Standard Specifications for Highway Construction, the utility owner should provide documentation of the standards used to determine suitability of the material.&lt;br /&gt;
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===643.1.4.6 Cutting===&lt;br /&gt;
In the event permission is granted to cut an existing concrete or asphalt pavement or sidewalk, the appropriate provisions below should be followed.&lt;br /&gt;
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====643.1.4.6.1 Pavement====&lt;br /&gt;
All pavement cuts should be made with a saw to the full depth of the pavement. The width of the cut is typically determined by the width of the trench plus a minimum one foot (1’) on each side of the trench. In the event the distance to any adjacent longitudinal or transverse joint or crack is less than four feet (4’), the pavement must be removed to the joint or crack. Cuts for perpendicular service tie-ins should be a minimum of three feet (3’) wide. Longitudinal main installations are typically cut at a minimum of half the lane width, but in no instance should the cut be along the wheel path of the lane.&lt;br /&gt;
[[File:fig_643.1.6-06_2026.jpg|800px|none|thumb|Figure 643.1.6 Pavement Repair Dimension Requirements.]]&lt;br /&gt;
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The utility facilities should be placed in a location with the least impact to the roadway. Typically, this leads to placement in the shoulder when available followed by the two-way left turn lane (TWLTL), and then outside lanes before allowing placement in interior through lanes. Lane switching should be kept to a minimum and should not be used to minimize repair sizes. Cuts for mains or service leads that may not be perpendicular to the roadway should be squared-off.&lt;br /&gt;
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Replacement of cut pavement should be full depth concrete in accordance with the current version at the time of installation of Section 613.10 Full Depth Pavement Repairs of the Missouri Standard Specifications for Highway Construction and the Missouri Standard Plans for Highway Construction. If the area of the pavement repair is not to be fully resurfaced all joints including the overcut from the sawing operation should be filled with an expansive mortar, epoxy, polyester, or joint material as approved by the Engineer in accordance with Section 1057 of the Missouri Standard Specifications for Highway Construction.&lt;br /&gt;
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====643.1.4.6.2 Pedestrian Access Routes====&lt;br /&gt;
All cuts in the pedestrian access routes whether asphalt or concrete should be made by saw and be the full depth of the material. Entire slabs of concrete sidewalk should be removed. Repair of the pedestrian access route must meet Americans with Disability Act requirements, see [[:Category:642_Pedestrian_Facilities|EPG 642]]. Cuts through curb ramps or detectable warning areas are not permitted. Rather the entire curb ramp or detectable warning area must be removed and replaced. MoDOT district ADA contacts can help ensure ADA compliance of impacted pedestrian access routes.&lt;br /&gt;
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===643.1.4.7 Non-disturbance Areas===&lt;br /&gt;
MoDOT has certain areas of right of way where mowing, spraying, digging, or other vegetation disturbance activities are restricted. These areas have been established to mitigate the environmental impacts of a previous project and should be avoided. If the areas cannot be avoided, contact MoDOT’s Environmental Section.&lt;br /&gt;
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==643.1.5 Bridge Attachment Policy==&lt;br /&gt;
No utility facility will be permitted in or on a structure carrying an interstate or other freeway unless it is part of a federal requirement or for MoDOT’s use. When the structure carries any other road type and no other practical means exists for the crossing, wires (communication, electrical, fiber, or metal) will be permitted. Electrical lines must be located to cause minimum exposure to MoDOT maintenance personnel and the public. Pressurized pipelines for gas or other petroleum products and water and all sewer lines are prohibited on all structures due to the risks associated with their failure.&lt;br /&gt;
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===643.1.5.1 Agreement===&lt;br /&gt;
An agreement is required for all utility facilities attached to any structure. A charge will be made for the increased maintenance costs involved. This fee is set by the Bridge Division. When permitted, a 50-year occupational agreement is executed with the utility owner. Agreement BR04 Utility Attachment Agreement is used when an attachment is added to a bridge during its construction. Agreement BR09 Bridge Attachment Agreement is used when an attachment is added to an existing bridge.&lt;br /&gt;
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===643.1.5.2 Requests===&lt;br /&gt;
Requests to attach facilities to structures is a multi-step process. Bridge Division is responsible for approval of the bridge attachment. If at any point in the process, Bridge Division determines the attachment to be unacceptable, a reason is to be provided.&lt;br /&gt;
&lt;br /&gt;
To start, the utility owner submits a conceptual request to the district utilities staff. The conceptual request consists of an explanation of the proposal; a general location sketch (i.e., which side of the bridge); and details on the facility, length, and weight per foot when full. The district utilities staff should work with all relevant district personnel including the District Bridge Engineer in reviewing and recommending the attachment. The district utilities staff will submit the recommended details to the Bridge Division to determine the applicable costs including future maintenance costs and for attachments to new bridges, design and construction. Once the Bridge Division has determined the cost, the district utilities staff shares the cost with the utility owner for their concurrence with furthering the process. For new bridges, if the utility owner concurs with the costs, the district utility staff will prepare the BR04 Agreement for execution by the utility owner and the Commission. MoDOT will be responsible for the design and construction of attachments to new bridges. For existing bridges, the district utilities staff will forward the applicable as-built bridge plans to the utility owner for its use in designing the bridge attachment. The utility owner will provide detailed design drawings, signed and sealed by a professional engineer in the State of Missouri, to the district utilities staff for review. The district utilities staff should work with all relevant district personnel, including the District Bridge Engineer, in reviewing and recommending the details of the attachment to the Bridge Division. Once Bridge Division approves, the Bridge Division will prepare the BR09 Agreement for execution by the utility owner and the Commission. The utility owner is responsible for the construction of attachments to existing bridges. A flow chart, [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_7_BridgeAttachementProcess_AOD.pdf EPG Figure 643.1.7], of the process is available.&lt;br /&gt;
&lt;br /&gt;
Payment from the utility owner for the attachment will be sent to Financial Services by district utilities staff. For BR04 agreements, district utilities staff should discuss with Financial Services how to get the payment credited to the project constructing the attachment. For BR09 agreements, district utilities staff should copy Bridge Division on correspondence with Financial Serves. Checks should be made payable to Director of Revenue, Credit State Road Fund.&lt;br /&gt;
&lt;br /&gt;
For requests from government entities such as cities, counties, and other municipalities, the requested information should be submitted to Bridge Division as described above. However, the district utilities staff will take the lead in preparing the DE10 County Agreement or DE11 Municipal Agreement, as applicable, with input from Bridge Division and Bridge Maintenance. All fees are waived for government entities.&lt;br /&gt;
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===643.1.5.3 Considerations===&lt;br /&gt;
The following considerations are made in determining the acceptability of a bridge attachment. Unique situations will be discussed with the Bridge Division as required.&lt;br /&gt;
&lt;br /&gt;
====643.1.5.3.1 Bridge Asset Management Program====&lt;br /&gt;
Requests for bridge attachments should be reviewed for consistency with the district’s upcoming bridge asset management program needs. If a structure is due for rehabilitation or replacement in the near future, information should be provided to the utility owner indicating existing remaining life of the bridge. In some instances, it may be in MoDOT’s best interest to deny the request for attachment outright. In some instances, the utility owner may still choose to pursue the short-term attachment to the existing structure. In almost all cases, the utility owner is responsible for the cost of removing and/or relocating their utility facilities for a necessary repair, widening, improvement or reconstruction of the structure. Review existing agreements for cost responsibility for current attachments.&lt;br /&gt;
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====643.1.5.3.2 Aesthetics====&lt;br /&gt;
In reviewing a request for a bridge attachment, how the structure is viewed by the public will be considered. For example, is the structure over a scenic stream that is extensively used by canoeists, or does the structure span a road that may provide access to a park, campgrounds, or boat launching facilities? Is the structure a grade separation where the motoring public will see the attachment before they pass under it?&lt;br /&gt;
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====643.1.5.3.3 Method of Attachment====&lt;br /&gt;
In order to maintain structural integrity of any structures the following requirements will apply for attachments.&lt;br /&gt;
&lt;br /&gt;
=====643.1.5.3.3.1 Welding=====&lt;br /&gt;
Welding of hardware to structural steel members (i.e., flanges, webs, stiffeners, and diaphragms) whether in tension or compression is not permitted.&lt;br /&gt;
&lt;br /&gt;
=====643.1.5.3.3.2 Drilling=====&lt;br /&gt;
Drilling holes in any structural steel member is not permitted. Drilling holes for anchors into any prestressed concrete member is not permitted. Although permitted, drilling holes for anchors into the underside of bridge decks must be done with caution. It is recommended all anchors be installed to miss deck reinforcing steel. Generally, drilling into decks will not be allowed where sonotubes were used (voided slab bridges). The depth of the holes should be such that breaking out of the concrete on the top side of the deck does not occur.&lt;br /&gt;
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=====643.1.5.3.3.3 Corrosion=====&lt;br /&gt;
Attachment hardware will be new, properly coated to prevent corrosion or be of a non-corrosive material, and be designed to support the facility.&lt;br /&gt;
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====643.1.5.3.4 Location====&lt;br /&gt;
In general, attachments are made on the underneath side of the bridge deck. The condition of the bridge deck will dictate the location of the attachment supports. An exception may be attachments to trusses or other overhead structures.&lt;br /&gt;
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Attachments that may require manholes in bridge decks are not allowed.&lt;br /&gt;
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When attachments are required to structures over streams that may carry large drifts, they must be attached to the downstream side of the structure and above the lowest superstructure element. It is preferred to locate the attachment on the outside of the exterior girder. If aesthetics are a concern, a better appearance can be achieved by having the attachment made to the inside of the exterior girder and above the bottom of the lower flange to hide the conduit and the attaching hardware.&lt;br /&gt;
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Placement of utilities must not prevent the removal of old paint, the application of new paint on superstructure steel, or cause debris buildup, which could cause structural deterioration.&lt;br /&gt;
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====643.1.5.3.5 Construction and Maintenance====&lt;br /&gt;
If the attachment cannot be built while maintaining one (1) lane of traffic on the structure, it will not be allowed.&lt;br /&gt;
&lt;br /&gt;
Construction procedures that severely impact traffic may factor into the allowable location of the attachment on the structure.&lt;br /&gt;
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When scaffolding is to be attached or supported by bridge rails, bridge superstructure, or bridge substructure, the procedures for construction of the attachment must be reviewed.&lt;br /&gt;
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The utility owner or local entity will pay for, or be responsible for, the painting of the attachment, if necessary, when the bridge requires painting.&lt;br /&gt;
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==643.1.6 Private Lines==&lt;br /&gt;
Private lines are permitted to cross the right of way of a highway in the same manner as outlined for all utility facilities in above sections of this article. Parallel installations along the right of way of a highway are not permitted. Special conditions at a specific location that make adherence to this policy impractical will be submitted to the Chief Engineer for consideration of an acceptable alternative. In certain situations, it may be necessary to obtain approval from the Federal Highway Administration (FHWA) before approval to use the alternative can be given to the private utility owner.&lt;br /&gt;
&lt;br /&gt;
==643.1.7 Water and Sewer Separations==&lt;br /&gt;
The Missouri Department of Natural Resources (MoDNR) Safe Drinking Water Commission via 10 CSR 60-10 and Clean Water Commission via 10 CSR 20-8 govern the design of water and sewer lines in the vicinity of one another. Basic criteria are outlined below for information, and details are contained within the regulations. MoDOT is not responsible for providing or acquiring adequate right of way for utility owners to comply with MoDNR requirements.&lt;br /&gt;
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===643.1.7.1 Water and Sewer Separations===&lt;br /&gt;
====643.1.7.1.1 Horizontal====&lt;br /&gt;
Sanitary and storm sewers are to be laid at least ten feet (10’) horizontally measured from outside edge to outside edge from any existing or proposed water main. In cases where it is not practical to maintain ten feet (10’) of separation, installation of the water main closer to the sewer is acceptable where the water main is installed in a separate trench or on an undisturbed earth shelf located on one (1) side of the sewer at an elevation so the bottom of the water main is at least eighteen inches (18”) above the top of the sewer.&lt;br /&gt;
&lt;br /&gt;
===643.1.7.2 Crossings===&lt;br /&gt;
Water mains are to be laid to provide a minimum vertical distance of eighteen inches (18”) vertically measured outside edge to edge from sanitary or storm sewers. This is the case whether the water main is above or below the sewer. One (1) full length of water pipe must be located so both joints will be as far from the sanitary or storm sewer line as possible. Special structural support for the water main or sanitary or sewer main may be required.&lt;br /&gt;
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===643.1.7.3 Exception===&lt;br /&gt;
When it is impossible to obtain proper horizontal and vertical separation as stipulated, the sewer will be designed and constructed equal to water pipe and will be pressure-tested to assure it is watertight prior to backfilling.&lt;br /&gt;
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===643.1.7.4 Water Supply Interconnections===&lt;br /&gt;
No physical connection is permitted between a public or private potable water supply system and any sanitary or storm sewer or appurtenance that would permit the passage of any sewage or polluted water into the water supply. No water pipe is permitted to pass through or come in contact with any part of a sanitary sewer manhole.&lt;br /&gt;
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===643.1.7.5 Water Works Structures===&lt;br /&gt;
Sewers are not permitted to be installed within fifty feet (50’) in any direction from any existing or proposed public water supply well or other water supply sources or structures.&lt;br /&gt;
&lt;br /&gt;
==643.1.8 Variances==&lt;br /&gt;
Occasionally, it is impractical to locate a utility facility in accordance with requirements outlined in this article. MoDOT may consider a utility owner’s request for a variance from these requirements on a case-by-case basis. The utility owner should complete a [https://epg.modot.org/forms/general_files/DE/UtilityVarianceApprovalForm.docx Utility Variance Approval Form] to be submitted to MoDOT for consideration. Variances on the Interstate System require approval of the Federal Highway Administration (FHWA). A flow chart, [https://epg.modot.org/forms/general_files/DE/xx.pdf EPG Figure 643.1.8], of the variance process is available.&lt;br /&gt;
&lt;br /&gt;
A variance will not be permitted just for the convenience of the utility owner. The utility owner requesting a variance must provide all necessary information to properly evaluate if a variance should be approved. For example, a utility owner requesting a variance because “the utility corridor is full” must explore all reasonable options. It is suggested that the requestor pothole the existing utility corridor to confirm the location of existing utility facilities and provide that data to support the need to locate outside of the utility corridor due to its congestion.&lt;br /&gt;
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===643.1.8.1 Variance Process===&lt;br /&gt;
Any utility owner of a public utility facility may apply for a variance. The process for requesting a variance is as follows:&lt;br /&gt;
&lt;br /&gt;
====643.1.8.1.1 Submittal Requirements====&lt;br /&gt;
Utility owners submit to the district utilities staff a written request for a variance using the [https://epg.modot.org/forms/general_files/DE/UtilityVarianceApprovalForm.docx Utility Variance Approval Form]. The utility owner must clearly show the provision(s) or guideline(s) for which the variance is being requested; the condition(s) which the utility owner believes warrant(s) the granting of a variance; a thorough explanation of the reason(s) for the requested variance, including sufficient and appropriate documentation of safety, aesthetic, or constructability constraints that would be adverse to the function, access, or maintenance of the utility facility and not in the best interest of the public.&lt;br /&gt;
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====643.1.8.1.2 MoDOT Consideration of Variance Request====&lt;br /&gt;
The utility owner bears full responsibility for demonstrating to MoDOT’s satisfaction that the variance is the most appropriate way to serve the public interest. MoDOT may present to the utility owner and the utility owner must consider reasonable alternatives to the variance requested by the utility owner. In determining whether to grant a variance, district utilities staff will consider all relevant factors including, but not limited to: the requested variance is reasonably necessary for the convenience, safety, health, and/or welfare of the public; there is an exceptional or undue burden or hardship on the specific applicant; a physical impracticability that would result from the applicant’s adherence to the normal location requirements; and the requested variance will not impair the safe construction, maintenance, operation, and safety of public travel on the highway. District utilities staff may consult with the Design Liaison Engineer in evaluating variances.&lt;br /&gt;
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====643.1.8.1.3 Approval of Variances====&lt;br /&gt;
Once district utilities staff have agreed to accept a variance proposed by the utility owner, the [https://epg.modot.org/forms/general_files/DE/UtilityVarianceApprovalForm.docx Utility Variance Approval Form] and all supporting documentation is sent to the District Design Engineer (DDE) for approval. If a variance is on interstate right of way, the DDE-signed Variance Request Form and all supporting documentation is forwarded to the Design Liaison Engineer who will forward to FHWA for their concurrence.&lt;br /&gt;
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====643.1.8.1.4 Variance Appeal Informal Hearing====&lt;br /&gt;
If denied a variance, the utility owner has thirty (30) calendar days to request an informal hearing for the purpose of appealing the denial. Requests must be made in writing to the State Design Engineer, Missouri Department of Transportation, P.O. Box 270, Jefferson City, MO 65102. If the utility owner requests an informal hearing, MoDOT’s authorized representative will advise the applicant of the time, date, and place of the hearing. The hearing is not a contested case under RSMo 536. The rules of evidence will not apply at the hearing, and MoDOT’s decision after the conduct of the hearing is not subject to further appeal.&lt;br /&gt;
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==643.1.9 Excess Right of Way==&lt;br /&gt;
Prior to conveyance of excess right of way, the status of utility facilities within said parcel must be addressed. See [[236.5_Property_Management#236.5.12_Excess_Land_Conveyances_&amp;amp;_Relinquishments_–_Regulated_Utilities|EPG 236.5.12]].&lt;br /&gt;
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==643.1.10 Broadband==&lt;br /&gt;
Broadband development in the state of Missouri is handled by the Department of Economic Development (DED). MoDOT shares its approved Statewide Transportation Improvement Program (STIP) project list with DED. All MoDOT policies related to placement of utility facilities within Commission right of way as outlined in this EPG article 643.1 are to be followed.&lt;br /&gt;
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https://epg.modot.org/files/5/55/643.1_Utility_Status_Letter.doc&lt;br /&gt;
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&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643.2 Utilities in Program Delivery &#039;&#039;PAGE TITLE&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt; &lt;br /&gt;
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==643.2.1 Introduction==&lt;br /&gt;
Improvements to the highway system often require negotiation between the Commission and a city, a county, or a public or private utility owner. The Commission’s district utilities staff is responsible for coordination of highway improvement projects with the utility owner’s representative. The impact to a utility, the responsibility for the cost of adjustments necessary to allow highway construction, the plan of adjustment of the utility, the responsibility of performance of work on utility facilities, and the schedule of the utility adjustment are all items that vary depending on the project and should be investigated and negotiated to ensure highway improvement projects are delivered on-time and on-budget. These should comply with Commission policy. A flowchart [link here] outlining all the utility adjustment processes (reimbursable and non-reimbursable relocations, Master Reimbursable Utility Agreements and Project Specific Agreements, etc.) are available in the list of figures at the top of the page. These processes will not always be in combination, but each should be considered with each project.&lt;br /&gt;
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The district utilities staff, in conjunction with the Transportation Project Manager (TPM), is expected to invite and encourage participation of utility owner representatives in MoDOT project meetings as needed.&lt;br /&gt;
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When a project involves utility adjustments for which the Commission is responsible for costs, the TPM should program the costs of the utility adjustments as non-contractual construction costs in the STIP Information Management System (SIMS).&lt;br /&gt;
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==643.2.2 Annual Utility Meeting==&lt;br /&gt;
Each district should hold an annual meeting with utilities to discuss current STIP projects in the district. The annual meeting should be held during each year&#039;s STIP preparations, ideally between January and May. All utility owners that have utility facilities in the district should be invited. The intent is to provide the utility owners with an idea of upcoming projects to allow them the opportunity to plan and budget for potential adjustments of their utility facilities, identify both MoDOT and utility roadblocks, and develop action plans to complete utility adjustments better, faster, and cheaper.&lt;br /&gt;
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==643.2.3 Determination of Existing Utilities==&lt;br /&gt;
District utilities staff should determine the appropriate level of effort needed to accurately identify existing utilities within the footprint of a proposed highway construction project. Aboveground utilities are easily identifiable via field checks; however, determination of the precise location of underground utilities can be more challenging and time consuming. Therefore, the district utilities staff should balance the risk of conflict with the highway construction project against the level of effort needed to determine the location.&lt;br /&gt;
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The level of effort on mapping utilities is dependent on the scope of the project and the potential for utilities having an impact on the construction of the project. The project schedule should include the time to complete this task accurately. The time and effort necessary for having accurate locates requires close interaction with the utility locators. Early contact with utility owner representatives may be necessary to accurately locate underground utility facilities.&lt;br /&gt;
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Various methods of determining existing underground utilities result in different levels of quality. ASCE Standard 38 Standard Guidance for Investigating and Documenting Existing Utilities classifies four levels of quality:&lt;br /&gt;
:1. Quality Level D: QL-D is the most basic level of information for utility locations. It comes solely from existing utility records or verbal recollections, both typically unreliable sources. It may provide an overall &amp;quot;feel&amp;quot; for the congestion of utilities but is often highly limited in terms of comprehensiveness and accuracy. QL-D is useful primarily for project planning and route selection activities.&amp;lt;br&amp;gt;&lt;br /&gt;
: Missouri 811 or “private-locate” markings are to be considered to be QL-D.&lt;br /&gt;
:2. Quality Level C: QL-C is probably the most used level of information. It involves surveying visible utility facilities (e.g., manholes, valve boxes, etc.) and correlating this information with existing utility records (QL-D information). When using this information, it is not unusual to find that many underground utilities have been either omitted or erroneously plotted. Therefore, its usefulness is primarily on rural projects where utilities are not prevalent or are not too expensive to repair or relocate.&lt;br /&gt;
:3. Quality Level B: QL-B involves the application of appropriate surface geophysical methods to determine the existence and horizontal position of virtually all utilities within the project limits. This activity is called &amp;quot;designating&amp;quot;. The information obtained in this manner is surveyed to project control. It addresses problems caused by inaccurate utility records, abandoned or unrecorded utility facilities, and lost references. The proper selection and application of surface geophysical techniques for achieving QL-B data is critical. Information provided by QL-B can enable the accomplishment of preliminary engineering goals. Decisions regarding location of storm drainage systems, footers, foundations, and other design features can be made to avoid conflicts with existing utilities. Slight adjustments in design can produce substantial cost savings by eliminating utility relocations.&lt;br /&gt;
:4. Quality Level A: QL-A, also known as &amp;quot;locating or potholing&amp;quot;, is the highest level of accuracy presently available and involves the full use of the subsurface utility engineering services. It provides information for the precise plan and profile mapping of underground utilities through the nondestructive exposure of underground utilities, and provides the type, size, condition, material, and other characteristics of underground features.&lt;br /&gt;
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For projects with scopes that have potential for utility conflicts, the minimum level of effort required is SUE Quality Level D. Locations of existing utilities are determined by requesting locates through Missouri 811, also known as the “One-Call” process. Missouri 811 locating requests should be carefully considered for the scope of work of the project. When necessary, the location of existing utilities should be established by a field survey of locate markings and features and shown on the roadway plans. Higher level SUE Quality Levels can be used on any project. Adjustment cost savings, whether to the MoDOT or to the utility owner, are beneficial to the taxpayer. Good SUE projects are typically urban in nature, or in congested areas, where the project footprint is to be minimized, or anytime accurate vertical and horizontal location of the utility facility might allow a design to avoid the utility facility thus preventing the need for the adjustment. The SUE process combines civil engineering, surveying, and geophysics. It utilizes several technologies, including vacuum excavation and surface geophysics.&lt;br /&gt;
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When proposed excavation or installation of subsurface features (drainage, equipment bases, etc.) falls within three feet (3’) of a marked Missouri 811 line, soft digging (hand digging, potholing, vacuum methods, pressurized air/water jetting, pneumatic hand tools, etc.) is required to more exactly locate the utility facility both horizontally and vertically. Utility facilities present within the right of way by permit, should be investigated by the utility owner. Utility facilities that would be reimbursable or partially reimbursable as defined in EP 643.2.8 will be investigated by MoDOT.&lt;br /&gt;
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==643.2.4 Conflict Determination==&lt;br /&gt;
Determination of whether a conflict exists between an existing utility facility and a proposed highway improvement project should occur at the earliest possible stage of project development. A conflict may be the result of the physical interaction between the roadway infrastructure and utility facility, a reduction in cover or increase in fill over underground utilities, a reduction in horizontal clearance whether above or below ground, a reduction in overhead vertical clearance, paving over utilities, or restricting a utility owner’s access to its utility facilities. District utilities staff should work with utilities to determine if a conflict exists and the appropriate plan of adjustment to remedy the conflict. The adjustment to the utility may be a relocation or another measure that protects the utility or access to the utility from the proposed highway improvement project. Determination of a conflict needs to be continually re-evaluated as the project design progresses. Continuing coordination is essential.&lt;br /&gt;
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==643.2.5 Utility Plan of Adjustment==&lt;br /&gt;
===643.2.5.1 Request for Plan of Adjustment===&lt;br /&gt;
District utilities staff will request a plan of adjustment from utility owners whose utility facilities are in conflict with a proposed highway project. The plan of adjustment may consist of efforts to relocate the utility or otherwise protect a utility from the impacts of the proposed highway project. Utilities are shown on the roadway plan and profiles sheets that are furnished to utility owners for use in planning required utility adjustments. Any other sheets such as drainage, traffic signal, lighting, or ITS plans that show impacts to a utility facility should also be provided to the utility owners. All adjustments, reimbursable or not, require a plan of adjustment furnished by the utility owner.&lt;br /&gt;
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A transmittal letter is included in the request for a plan of adjustment. The letter informs the utility owner that regardless of whether an adjustment is reimbursable, no physical adjusting or relocating of their utility facilities to accommodate the proposed highway improvement is to be performed without specific approval and authorization. Additionally, if any part of the adjustment has the potential to be reimbursable, they are advised:&lt;br /&gt;
# They may undertake preliminary engineering by their own forces upon approval by district utilities staff of the estimated costs of preliminary engineering.&lt;br /&gt;
# They may employ a consultant to do the PE work provided they request and obtain prior approval. See [[#643.2.6_Preliminary_Engineering_Requirements|EPG 643.2.6 Preliminary Engineering Requirements]].&lt;br /&gt;
# Any preliminary engineering costs accrued prior to the date of written authorization to proceed will not qualify for reimbursement.&lt;br /&gt;
# Replacement right of way or easements cannot be purchased without specific approval and authorization.&lt;br /&gt;
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===643.2.5.2 Proposed Plan of Adjustment===&lt;br /&gt;
Developing a plan of adjustment is a multi-step process. The utility owner will propose a conceptual approach to adjusting the utility facilities to allow highway construction. This conceptual approach is used as the basis for determining cost responsibility, estimate of costs for preliminary engineering and construction, developing the agreement if necessary, and final design of the adjustment. Negotiations between district utility staff and the utility owner’s representative can result in changes to the design throughout the process.&lt;br /&gt;
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Final plans of adjustment must contain a legend on the first sheet identifying the utility symbols used. They must also show the existing utility facilities and their disposition, the location of the new or adjusted utility facilities, the existing and new right of way lines, the limited or fully controlled access symbols (where applicable), the existing and proposed roadways, ramps, and outer roadways and any other pertinent roadway information. They must contain sufficient details concerning location, elevation, compaction, clean up, etc. to provide for the proper adjustment of the utility facility. Relocated and/or existing utility facilities that will remain in place must be dimensioned or indicated in a manner to show their location in respect to the right of way lines. It is preferred that the utility owner transmits the plan of adjustment by electronic deliverables in a format that can be incorporated into the roadway plans. This will reduce the time and effort necessary as well as increase the accuracy of transferring this information into the roadway plans.&lt;br /&gt;
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Plans of adjustment received from the utility owner are to be checked for compliance with MoDOT’s requirements ([[#643.1_Utilities_Location|EPG 643.1 Utility Location]]) by the district utilities staff. They are also checked to ensure compatibility with the roadway design. Any continuing conflicts are resolved through negotiations with the utility owner.&lt;br /&gt;
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Occasionally, it is impractical to perform a utility adjustment in accordance with MoDOT’s requirements. Sometimes the utility may request approval of a plan of adjustment that does not conform to these requirements. Deviation from MoDOT’s utility requirements is a variance. Refer to [[#643.1.8_Variances|643.1.8 Variance Process]] for additional guidance.&lt;br /&gt;
The final plan of adjustment is included as Exhibit “A” to the agreement ([[#643.2.12_Utility_Agreements|EPG 643.2.12 Agreements]]).&lt;br /&gt;
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==643.2.6 Preliminary Engineering Requirements==&lt;br /&gt;
Preliminary engineering (PE) can be performed one of four ways for utility adjustments:&lt;br /&gt;
# The utility owner can use its own engineering forces.&lt;br /&gt;
# MoDOT can select an engineering consultant, after consultation with the utility owner, and the consultant contract will be administered by MoDOT.&lt;br /&gt;
# The utility owner can select an engineering consultant, with approval by MoDOT, and the consultant contract will be administered by the utility owner.&lt;br /&gt;
# If a utility adjustment is being included in a MoDOT administered construction contract, the preliminary engineering of the adjustment can be provided by MoDOT.&lt;br /&gt;
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For reimbursable utility adjustments, the amount paid to engineers, architects, and others for required engineering and allied services can be included in reimbursement amount provided such amounts are not based on a percentage of the costs of the necessary adjustments to allow highway construction. Reimbursement is available for contracts executed after solicitation of a consultant for the specific adjustment or existing continuing contracts when it is demonstrated that such work is performed regularly for the utility owner in its own work and that the costs are reasonable.&lt;br /&gt;
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A [https://epg.modot.org/forms/general_files/DE/UtilityConsultantContractChecklist.docx checklist is available for reviewing consultant-engineering contracts] to ensure the contract conforms to MoDOT policy and complies with applicable federal regulations. District utilities staff should use the checklist to review contracts and may consult with Audits and Investigations Division as necessary. The procedures in 23 CFR part 172, Administration of Engineering and Design Related Service Contracts may be used as a guide for reviewing proposed consultant contracts. [[:LPA:136.4_Consultant_Selection_and_Consultant_Contract_Management|EPG 136.4 Consultant Selection and Consultant Contract Management]] may also be used as a guide.&lt;br /&gt;
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===643.2.6.1 Solicited Consultant Contracts===&lt;br /&gt;
If solicitation of PE services is required for reimbursable utility adjustments, the utility owner must provide the following documents and information to district utilities staff. These documents need to be provided as soon as the utility owner has chosen to solicit a consultant. Document 1 must be supplied by all utility owners. Documents 2 and 3 are only required when the utility owner is a local government agency who is also a political subdivision of the state of Missouri (e.g., city-owned utilities, county-owned utilities). All other utility owners are encouraged, but not required, to provide Documents 2 and 3:&lt;br /&gt;
# A statement that the utility owner is not staffed or able to perform the required PE services with its own forces.&lt;br /&gt;
# Provide the names of at least three (3) consultants considered.&lt;br /&gt;
# The criteria used to evaluate each consultant and reasons why the selected consultant was selected.&lt;br /&gt;
&lt;br /&gt;
The following documents need to be provided as soon as the utility owner has successfully negotiated and entered into a contract with the consultant:&lt;br /&gt;
# The name and address of the selected consultant.&lt;br /&gt;
# A statement that the &amp;quot;[https://epg.modot.org/forms/general_files/DE/CertificationOfConsultant.docx Certification of Consultant]&amp;quot; will be furnished immediately upon award of the contract to the consultant.&lt;br /&gt;
# One executed copy of the proposed engineering contract or agreement between the utility owner and consultant, only if the engineering will exceed $5,000.00.&lt;br /&gt;
# The consultant&#039;s fixed (lump sum) or estimated fee (actual cost) and the contract maximum.&lt;br /&gt;
# A cost summary providing a detailed breakdown of the basis for the consultant&#039;s compensation, including estimated labor hours, hourly rates for each classification, overhead rate (if used), the amount of profit charged, and any other estimated charges such as travel expenses, equipment rentals, etc. If an overhead rate is used, the consultant must also submit the supporting overhead rate calculations.&lt;br /&gt;
# An independent cost estimate of engineering services provided by the utility owner to use in comparison to the consultant’s proposed engineering services to check for cost reasonableness.&lt;br /&gt;
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===643.2.6.2 Continuing Consultant Contracts===&lt;br /&gt;
When a utility owner chooses to use an existing continuing contract for PE services, the utility owner must provide the following documents and information to the district utilities staff as soon as possible.&lt;br /&gt;
# A statement that the utility owner is not staffed or able to perform the engineering with its own forces.&lt;br /&gt;
# The name and address of the consultant under the existing continuing contract.&lt;br /&gt;
# A statement that the &amp;quot;[https://epg.modot.org/forms/general_files/DE/CertificationOfConsultant.docx Certification of Consultant&amp;quot;&amp;quot; will be furnished.&lt;br /&gt;
# A copy of the continuing contract to the district utilities staff. The district utilities staff will review the contract for reasonableness of cost.&lt;br /&gt;
# The consultant&#039;s fixed (lump sum) or estimated fee (actual cost) and the contract maximum for the work associated with the utility adjustment.&lt;br /&gt;
# A cost summary providing a detailed breakdown of the basis for the consultant&#039;s compensation, including estimated labor hours, hourly rates for each classification, overhead rate (if used), the amount of profit charged, and any other estimated charges such as travel expenses, telephone, etc. If an overhead rate is used, the consultant must also submit the supporting overhead rate calculations.&lt;br /&gt;
# An independent cost estimate of engineering services provided by the utility owner to use in comparison to the consultant’s proposed engineering services to check for cost reasonableness.&lt;br /&gt;
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===643.2.6.3 Consultant Contract Changes===&lt;br /&gt;
If a PE services contract between a utility owner and a consultant needs to be revised, a copy of the revised contract, fee, and schedule should be submitted by the utility owner to the district utilities staff prior to allowing for contract changes. District utilities staff should review the contract changes to ensure the revised contract conforms to MoDOT policy and complies with applicable federal regulations.&lt;br /&gt;
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==643.2.7 Environmental and Right of Way==&lt;br /&gt;
===643.2.7.1 Utilities and Environmental Clearances===&lt;br /&gt;
District utilities staff should coordinate with the TPM and utility owner’s representative to understand and communicate on known environmental and cultural constraints that could impact a utility owner’s plan of adjustment. This will allow the utility owner to consider permitting timelines and alternatives that avoid environmental or cultural resources to keep the project on schedule.&lt;br /&gt;
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One strategy to make project delivery more efficient and ensure regulatory compliance is for MoDOT to obtain the environmental and cultural resource permits and clearances for the utility owners associated with a roadway improvement while obtaining its own. This would generally only be for the permits and regulatory clearances MoDOT already needs to pursue as a part of the transportation improvement.&lt;br /&gt;
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District utilities staff should coordinate with the utility owner’s representative early in the project timeline to determine if it is in the best interest of both MoDOT and the utility owner to obtain permits and environmental clearances jointly. The following strategies can be utilized to determine if a joint approach to environmental work should be pursued:&lt;br /&gt;
* If utility facilities are moving to a location within or immediately adjacent to MoDOT right of way, a utility owner may be invited to participate in permitting and environmental compliance activities.&lt;br /&gt;
* If utilities move to a location not within or adjacent to MoDOT right of way, the utility company would not normally be invited to participate in permit applications and environmental compliance activities. However, some unique projects may necessitate further attention and should be discussed with the Design Liaison Engineer.&lt;br /&gt;
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If MoDOT and the utility owner agree to obtain joint permits and clearances, written communication between the utility owner’s representative and the district utilities staff should document the following items:&lt;br /&gt;
* List of the permits and clearances that MoDOT will acquire on behalf of the utility owner.&lt;br /&gt;
* List of the information needed from the utility owner in order for MoDOT to acquire the permits and clearances.&lt;br /&gt;
* Schedule and deadlines for submittal of the information by the utility owner. For example: utility plans, fill quantities, construction methods, dates, or seasons of construction.&lt;br /&gt;
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Permits and clearances that may be needed by both a utility owner and MoDOT include:&lt;br /&gt;
* [[127.7_Threatened_and_Endangered_Species|Endangered Species Act consultation and clearance]]&lt;br /&gt;
* [[127.2_Historic_Preservation_and_Cultural_Resources#127.2.1.1_Historic_Preservation_Regulations_and_Laws|Section 106 of the National Historic Preservation Act clearance]]&lt;br /&gt;
* [[127.10_Section_4(f)_Public_Lands|Section 4(f) clearance]]&lt;br /&gt;
* [[127.10_Section_4(f)_Public_Lands#127.10.1.4_Section_6(f)_Laws_and_Regulations|Section 6(f) of the Land and Water Conservation Fund Act clearance]]&lt;br /&gt;
* [[127.4_Wetlands_and_Streams|Section 401 and Section 404 of the Clean Water Act permits]]&lt;br /&gt;
* [[:Category:806_Pollution,_Erosion_and_Sediment_Control#806.1_Introduction_(see_Sec._806)|Section 402 of the Clean Water Act permit (State Operating Permit for Erosion Control)]]&lt;br /&gt;
* [[127.8_Hazardous_and_Solid_Waste|Recommendations on contaminated soil disposition]]&lt;br /&gt;
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===643.2.7.2 Right of Way Acquisition and Utilities===&lt;br /&gt;
The Commission is obligated to acquire the width of right of way required by the design of the highway improvement. For utility facilities currently located within the Commission’s right of way, this includes the necessary space for the utility facilities impacted by the design of the highway improvement. Either additional right of way width to accommodate a utility corridor or a utility easement can be obtained for the relocation of utility facilities. When drainage easements are acquired along a channel, additional space for utility facilities should be considered to avoid conflicts between the utility facility and the bridge or culvert.&lt;br /&gt;
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District utilities staff should inform the utility owner’s representative of the potential of a conflict between an existing utility facility and a proposed highway construction project early in the project development process to allow sufficient time for the utility owner to prepare a plan of adjustment and notify the district utilities staff of any easement needs. When utility facilities are located on a utility owner’s private easement, the utility owner may obtain its own new easements. If the utility owner is not in a position to negotiate for new easements or if the utility owner’s policies will not permit it to condemn property to obtain the easement, MoDOT can acquire the easement in the same manner roadway right of way is obtained. The district utilities staff should verify the utility owner is aware of the opportunity to have MoDOT acquire the easement, and the utility owner should provide written documentation on whether the utility owner would like to pursue this option with MoDOT.&lt;br /&gt;
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For situations where the utility owner will obtain its own replacement right of way and the cost of the adjustment is MoDOT’s responsibility, the utility right of way cost should be reviewed by the district right of way department to ensure the cost is reasonable and acquisition followed state and federal regulations. In order to expedite utility adjustments necessary to allow highway construction, the district utility staff may authorize the utility owner to obtain easements prior to all details of a plan of adjustment being developed. In this situation, the district utilities staff should ensure enough details are known to justify the needed right of way, and an agreement for right of way costs only should be executed with the utility owner.&lt;br /&gt;
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For situations where MoDOT will obtain the right of way necessary to allow highway construction, district utility staff should negotiate with the utility owner’s representative to ensure all necessary utility easements are shown on the approved right of way plans. The TPM should confirm with district utilities staff that the right of way plans accurately reflect the needs of the utility owners prior to requesting right of way plan approval. The district Right of Way Manager should confirm with district utilities staff before requesting an acquisition date (A-date). Every effort should be made to avoid adding utility easement requests once negotiations with property owners have begun.&lt;br /&gt;
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Occasionally, when negotiations cannot be completed for easements for the adjustment of utility facilities, it may be necessary to condemn for the property. District utilities staff should coordinate with the utility owner’s representative to ensure no alternate design for the adjustment of the utility facility is practical. The decision to condemn for easements for the adjustment of the utility facilities requires the exercise of good judgment in reaching the conclusion that further good faith negotiations are futile and condemnation is necessary to maintain the project in the scheduled letting. The TPM should coordinate with the district utilities staff and district Right of Way (RW) personnel on the condemnation proceedings.&lt;br /&gt;
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Easement and other right of way documents used with utility owners are handled in accordance with procedures established jointly with RW and district utilities staff. District survey staff prepare the land descriptions for use in utility easements. The district utilities staff is responsible for completion of the easements in the correct form and scope. A sketch delineating the area described is attached to the easement as Exhibit “A”. Communication with the Design Division will ensure use of proper forms, corporate names and locations, and particular wording required for joint ownerships. The description for a utility easement is to be referenced to the nearest land corner shown on the plans. Examples of easements can be found in the template list in [https://netprod3.dot.missouri/eAgreements/Search/QuickSearch eAgreements].&lt;br /&gt;
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In situations where MoDOT is acquiring right of way with existing utility easements, but the district utilities staff and the utility owner’s representative agree that the utility facility may remain in place, the utility owner will release the property to the Commission separate from the right of way acquisition. This is done by executing an Easement for Highway Construction (UT16). The utility owner grants and conveys, with warranty of title expressed or implied, to the Commission, the right to construct, reconstruct, and maintain a highway over and across that portion of the easement owned and held by the utility owner. In the future, the utility owner retains any reimbursable rights should future projects require adjustments to allow highway construction.&lt;br /&gt;
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==643.2.8 Cost Responsibility==&lt;br /&gt;
In addition to determining if a conflict exists between an existing utility facility and a highway improvement project, it is important to determine who is responsible for the costs of the necessary adjustments to allow highway construction. An adjustment for which the Commission is responsible for the costs is known as a reimbursable adjustment. An adjustment for which the Commission is not responsible for the costs is known as a non-reimbursable adjustment. An adjustment for which the Commission and the utility share responsibility for costs is known as a partially reimbursable adjustment. Adjustments determined to be reimbursable or partially reimbursable by the Commission are to be completed under the terms of an agreement executed between the utility owner and the Commission.&lt;br /&gt;
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===643.2.8.1 Commission Responsibility===&lt;br /&gt;
====643.2.8.1.1 Utility Facilities Located on Private Easements====&lt;br /&gt;
When the utility facility is located on a private easement within the new right of way to be acquired for a future project, the Commission is responsible for the cost of the necessary adjustments to allow highway construction. It may be possible that such easement does not have written easement rights. The Commission will honor this oral right provided acceptable documentation is provided by the utility owner to the district utilities staff. An [https://epg.modot.org/forms/general_files/DE/NonwrittenEasementRights_Example.docx example of acceptable documentation for not written easement rights] is available. Other forms of documentation will be considered on an individual basis.&lt;br /&gt;
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=====643.2.8.1.1.1 Future Moves=====&lt;br /&gt;
When the utility facility is located on a private easement, taken into the Commission’s right of way, the Commission may agree that any future moves of the same utility by Commission order may be made at the Commission’s cost. Documentation of this agreement is by an Easement for Highway Construction (UT16) agreement. If the Commission provides a substitute private easement, then the Commission will have future obligations consistent with the utility facility’s status in an easement.&lt;br /&gt;
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====643.2.8.1.2 Utility Facilities Located within Commission Right of Way====&lt;br /&gt;
When the utility facility is located within Commission right of way, but has prior land rights, the Commission is responsible for the cost of adjustments to allow highway construction. The utility owner is responsible for documenting to the satisfaction of the district utilities staff, the basis for the claim of prior land rights within Commission right of way. Time spent researching prior rights is considered coordination and is reimbursable.&lt;br /&gt;
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====643.2.8.1.3 City or County Utility Facilities on City or County Streets====&lt;br /&gt;
When roadway improvements are within the corporate limits of cities, towns, and villages, a municipal agreement is negotiated between the Commission and the municipality. Likewise, when roadway improvements are within the limits of a county and outside the municipal limits, a county agreement is negotiated between the Commission and the County Commission. Included in these agreements are provisions regarding reimbursement for adjusting city or county owned utility facilities. Reimbursement is provided for adjustment of city or county owned utility facilities that are now located on city or county streets and not on Commission right of way.&lt;br /&gt;
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====643.2.8.1.4 Lumen====&lt;br /&gt;
Lumen – National (formerly CenturyLink, Lightcore, or Digital Telephone, Inc. (DTI)) and the Commission have entered into a partnership agreement, “Amended and Restated Fiber Optic Cable on Freeways in Missouri,” executed June 5, 2003 which obligates the Commission to be responsible for the cost of the necessary adjustments to allow highway construction along the routes identified in the agreement. A copy of the agreement is available to district utilities staff.&lt;br /&gt;
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====643.2.8.1.5 Services to the Commission====&lt;br /&gt;
When a utility facility provides a service connection to local Commission facilities such as power to traffic signals, lighting, ITS, and cathodic protection and phone drops to traffic signal controllers or other Commission facilities, the Commission is responsible for the cost of the necessary adjustments to allow highway construction.&lt;br /&gt;
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====643.2.8.1.6 Private Service Lines====&lt;br /&gt;
While most utility owners reconnect the private service lines at no cost to the property owner, some do not. If a utility owner does not reconnect service lines, MoDOT can include adjustment of private service lines in roadway contracts. Bid items for relocating service connections are provided for the different types of anticipated adjustments.&lt;br /&gt;
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====643.2.8.1.7 Second Moves====&lt;br /&gt;
If the Commission requires additional work to a utility facility after the facility has been relocated or adjusted in accordance with a plan of adjustment approved by the Commission for a single project number, the Commission is responsible for the cost of the additional work regardless of whether the initial adjustment was Commission responsibility as outlined in other parts of [[643.2_Local_Utility_Adjustments_-_Public_and_Private#643.2.8.1_Federalizing_Funds_for_Preliminary_Engineering|643.2.8.1]].&lt;br /&gt;
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The purpose of the policy is to encourage utilities to relocate early rather than waiting until plans are published for bidding. The policy eliminates the utility having to relocate twice at its own expense because of late changes in the design. It is best to have utilities relocated prior to construction, and this policy helps achieve that goal. Therefore, it is imperative that the designer notifies district utilities staff as soon as possible of any changes made after these plans have been sent. If notified immediately, it may be possible to inform the utility owner prior to their final design thereby eliminating a second move.&lt;br /&gt;
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Under this policy, the following are not considered second moves. Temporary and staged relocations necessary to accommodate construction and agreed upon by the utility and the Commission prior to relocation are considered a single move and are not subject to the provisions of the second move policy. If the Commission requires adjustment of a utility facility for which the utility owner is responsible for the cost of the adjustment and was originally determined to not need adjustment, the utility owner is responsible for the cost of the adjustment. The utility owner is responsible for the cost of additional work to any portion of the utility facility after the utility facility has been adjusted in accordance with a plan of adjustment approved by the Commission if the additional work is required by the Commission due to error by the utility owner in preparation of plan of adjustment, field location of, or construction of the adjustment of the utility facility.&lt;br /&gt;
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When evaluating construction contract changes by change order or value engineering, the impacts of the second move policy should be considered.&lt;br /&gt;
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===643.2.8.2 Utility Owner Responsibility===&lt;br /&gt;
====643.2.8.2.1 Utility Facilities Owned and Operated by a Political Subdivision====&lt;br /&gt;
When a utility facility is located within Commission right of way, but does not have prior land rights, the utility owner is responsible for the cost of the necessary adjustments to allow highway construction. When a utility facility is located on public right of way other than Commission right of way, the utility owner is responsible for the cost of the necessary adjustments to allow highway construction.&lt;br /&gt;
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When a political subdivision must bear part or all the cost of adjustments to their utility facilities, and the cost creates a financial hardship, the Commission, by its authorized representative, the Chief Engineer, may temporarily assume these costs. A payback agreement with the political subdivision will include an applicable interest rate for a comparable maturity from a widely published index of tax-exempt municipal rates obtained from Financial Services. Payback time will not exceed five (5) years.&lt;br /&gt;
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====643.2.8.2.2 Utility Facilities Other Than Those Owned by a Political Subdivision====&lt;br /&gt;
When a utility facility is on the right of way of a public road or street or on state highway right of way without prior land rights and adjustment is necessary to allow for the construction of a roadway improvement, the utility owner is responsible for the cost of the necessary adjustments to allow highway construction.&lt;br /&gt;
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===643.2.8.3 Shared Responsibility===&lt;br /&gt;
When a utility facility is located such that portions of it are a Commission responsibility and portions of it are a utility owner responsibility by the definitions above, the costs of the necessary adjustments to allow highway construction will be split by the Commission and the utility owner. If the exact cost for each party can be determined, each party will be responsible for their portion of the cost of relocating the utility facility. If the exact cost for each party cannot be determined, the parties will arrive at a percentage reimbursement on an equitable basis.&lt;br /&gt;
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===643.2.8.4 Notice of Hearing===&lt;br /&gt;
When relocation or other difficulties with utility facilities on public right of way arise that prevent resolution by negotiation, formal hearings will be required.&lt;br /&gt;
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The district initiates a request for a utility relocation hearing with a letter to the Chief Counsel’s Office (CCO) (a copy is provided to the Design Division) requesting a hearing date. CCO will arrange for a hearing room, court reporter, etc. and advise the district of the hearing date.&lt;br /&gt;
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The district will prepare the notice of hearing by strictly following the given format and serve the notice on all persons and utility owners listed. The property and utility owner must be served only by personal service or by mailing a certified letter, return receipt requested, no later than 15 days before the date of hearing. This will require the district to make every effort to identify the correct property owner before preparing the notice of hearing. To avoid delays, every attempt will be made to issue the hearing notice at least 30 days prior to the hearing date in case any property has changed ownership and any additional property owners must be served. A notice of hearing on service line connections will also be served on the private or public owner of the main or distribution line to which the service lines are connected. A notarized &amp;quot;Report of Personal Service&amp;quot; will be completed when notification by certified mail is not used.&lt;br /&gt;
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One copy of the hearing notice and attachments, &amp;quot;Report of Personal Service&amp;quot; and certified mail notices are to be submitted to CCO after notification is complete.&lt;br /&gt;
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Prior to the hearing, the district&#039;s representative will become familiar with the details of the utility adjustment in order to provide concise testimony to expedite the hearing process. CCO will assign an attorney to work with the district and present the case.&lt;br /&gt;
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Refer to 7 CSR 10-3.030 020 Utility Relocation Hearings for additional information.&lt;br /&gt;
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A Waiver of Hearing should be obtained for non-reimbursable adjustments to document the commitment of the utility owner to adjust its utility facilities without adversely impacting the highway construction project. This may be accomplished informally via written communications between the district utilities staff and the utility owner’s representative. A [https://epg.modot.org/forms/general_files/DE/WaiverOfHearingForm.docx formal Waiver of Hearing statement] may be requested by either MoDOT or the utility owner. A [https://epg.modot.org/forms/general_files/DE/WaiverOfHearingLetter.docx sample transmittal letter for the Waiver of Hearing] is available. For reimbursable or partially reimbursable adjustments, the formal agreement serves as the basis of documentation of this commitment.&lt;br /&gt;
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==643.2.9 Estimates==&lt;br /&gt;
District utilities staff will negotiate with utility owners to determine reimbursable costs of the necessary adjustments to allow highway construction ([[#643.2.8_Cost_Responsibility|EPG 643.2.8 Cost Responsibility]]). These estimates are prepared in accordance with the provisions of 23 CFR 645 and any amendment thereto. These estimates must reflect the same procedures and costs used by the utility owners in their normal operations and must also accurately represent the expected costs of the work. The utility owner’s estimate will be reviewed by the district utilities staff to ensure compliance with 23 CFR 645.&lt;br /&gt;
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===643.2.9.1 Independent Cost Estimate===&lt;br /&gt;
The independent cost estimate provides the basis for district utilities staff to review the utility owner’s estimate of costs of the necessary utility adjustments to allow highway construction and any subsequent negotiations with the utility owner. The district utilities staff should prepare an independent cost estimate. The independent cost estimate may be based on unit prices of anticipated items of work in a utility adjustment necessary to allow highway construction. The independent cost estimate alternately may be based on recent similar types of utility adjustments necessary to allow highway construction and scaled for size. Consultants can be used to develop the independent cost estimate. All documentation of the independent cost estimate should be placed in MoProjects.&lt;br /&gt;
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===643.2.9.2 Type of Project Cost Estimates===&lt;br /&gt;
Either Actual Cost or Lump Sum estimates may be used for estimating the costs on the necessary utility adjustments to allow highway construction. If an Actual Cost estimate is used, detailed records of materials, labor, and equipment are made by district utilities and/or construction staff during construction, and a final audit of the utility owner’s cost records is made to determine the Commission’s actual responsibility for costs of the adjustment completed to allow highway construction. If a Lump Sum estimate is used, a final audit of costs for an adjustment in payment is not required. The Actual Cost method requires more detailed record keeping and documentation by the utility owner and district staff during construction. The Lump Sum method requires more upfront detail and work by the utility owner and judgment on the district utilities staff on the acceptability of the cost. The district utilities staff will work with the utility owner’s representative to determine the best type of estimate and therefore agreement to use.&lt;br /&gt;
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====643.2.9.2.1 Actual Cost Estimate====&lt;br /&gt;
The cost estimate that supports the actual cost agreement is prepared in sufficient detail to determine the reasonable expected cost of the work to support development of an agreement between the utility owner and the Commission. However, reimbursement is based on the actual costs of design and construction of the necessary adjustment to allow highway construction. The actual cost estimate should detail all costs of the necessary adjustment to allow highway construction, even if the Commission is only responsible for a portion of the costs as detailed in EPG [[#643.2.8.3_Shared_Responsibility|643.2.8.3 Shared Responsibility]].&lt;br /&gt;
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Actual cost estimates can be used for any dollar amount of reimbursement.&lt;br /&gt;
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====643.2.9.2.2 Lump Sum Estimates====&lt;br /&gt;
The cost estimate that supports the lump sum agreement must be accurate, comprehensive, verifiable, and in sufficient detail to present a clear picture of the work involved and the cost of the individual items. The estimate may cover only that portion of the adjustment for which the Commission is responsible for the costs of the necessary utility adjustments to allow highway construction.&lt;br /&gt;
Lump sum estimates are limited to a maximum of $200,000 of Commission responsibility of costs of the necessary utility adjustments to allow highway construction; however, exceptions may be made for special situations that have prior approval from Design Division. These exceptions usually cover major relocations for which the Commission&#039;s proportionate responsibility is extremely small.&lt;br /&gt;
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===643.2.9.3 Utility Cost Estimate Requirements===&lt;br /&gt;
Whether using an Actual Cost or Lump Sum estimate, the following should be included in the estimate, if applicable. If any of the following sections are not included in the estimate, a qualifying statement as to why the costs were not included should be provided.&lt;br /&gt;
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====643.2.9.3.1 Scope of Work====&lt;br /&gt;
All estimates require a concise summary of the work to be performed on the estimate. An example is &amp;quot;an estimate of cost covering the work of relocating Company&#039;s 12-inch Cushing-Woodriver pipeline to accommodate construction of Route 47 in Franklin County on Job No. J6P0172&amp;quot;.&lt;br /&gt;
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====643.2.9.3.2 Engineering Costs====&lt;br /&gt;
Costs of engineering, whether preliminary or construction, must be shown as separate items and are not to be included with &amp;quot;labor costs&amp;quot;. Concurrent cost accounting procedures of FHWA and MoDOT make this a necessity. See [[#643.2.6_Preliminary_Engineering_Requirements|EPG 643.2.6 Preliminary Engineering]] and [[#643.2.16.2_Construction_Contract_Requirements|EPG 643.2.16.2 Construction Contract Requirements]] for further information.&lt;br /&gt;
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====643.2.9.3.3 Right of Way Costs====&lt;br /&gt;
A detailed estimate of the cost to acquire replacement easements by the utility owner is required. The cost should be supported by a right of way plan.&lt;br /&gt;
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====643.2.9.3.4 Material Costs====&lt;br /&gt;
Quantities, description of the item, the unit cost, and the extended totals are shown. Percentage computations will be shown immediately following &amp;quot;total cost&amp;quot; so the utility owner’s and Commission&#039;s cost obligations are properly indicated. Unit assembly costs similar to those used by several of the rural electric association (R.E.A.) cooperatives are acceptable, provided the same units and charges are used in the utility owner’s regular operations. A handling charge conforming with the utility owner’s regular procedures may also be included.&lt;br /&gt;
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====643.2.9.3.5 Labor Costs====&lt;br /&gt;
Hours, individual or crew rates, and extended totals are shown. Payroll additives such as insurance, retirement, social security, vacation, and other benefits are shown as a separate item under this heading in accordance with utility owner’s regular procedures. Adequate explanation must be given for total percentage used, especially in those cases where materials and labor are combined as unit costs or where labor percentages include additives and equipment requirements.&lt;br /&gt;
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====643.2.9.3.6 Equipment Costs====&lt;br /&gt;
A description of the equipment to be used must be shown jointly with the number of hours to be charged. Rates charged for equipment usage must be justified by the utility owner’s established accounting procedures. When the utility owner does not have an established accounting procedure or a capitalization and depreciation schedule that is used in its own operations, the rates are to be established by using rental rate publications as a guide. A reasonable amount will be deducted, when using rental rate schedules, for profit that the rental company realizes. A full explanation of the methods used in establishing the rates must also be submitted to support the utility owner’s request and with approval of the district utilities staff.&lt;br /&gt;
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Equipment may be rented when the utility owner’s equipment is not available or is inadequate, with the rental rate justified by appropriate solicitation of bids. See [[#643.2.16.2_Construction_Contract_Requirements||EPG 643.16.2 Construction Contract Requirements]] for further information.&lt;br /&gt;
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Unusual accounting procedures may be accepted with adequate prior explanations and approval of the Design Division.&lt;br /&gt;
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====643.2.9.3.7 Removal Costs====&lt;br /&gt;
These costs are estimated and shown in a similar method but separately from installation costs. When removal costs exceed salvage credits by more than the estimated cost of removal by the roadway contractor, an effort should be made to persuade the utility owner to abandon the utility facilities in place. An exception is made when the utility owner is required to remove abandoned utility facilities because of liability, hazard, or by specific agreement with the Commission. Abandoned utility facilities can be included with the miscellaneous removals in the roadway contract. It may be possible for the utility owner to remove those portions of the utility facility for which credits will exceed removal costs, with the remainder of the utility facility to be abandoned for removal in the roadway contract. Materials removed must be itemized, with the utility owner’s customary salvage credit given. Items to be scrapped or junked should be indicated. Whenever a utility facility or portion thereof is shown to be abandoned on the plan of adjustment, the roadway plans should be notated accordingly. This eliminates ownership problems if these utility facilities are removed or salvaged by the roadway contractor.&lt;br /&gt;
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When the utility facility is no longer needed and removal is necessary to accommodate the roadway project, the removal of the item may be handled either as a right-of way-item or a utility adjustment. When handled as a right of way item, the damages allowed are to equal the depreciated value of the utility facility, with the necessary removals being accomplished by the roadway contractor. If accomplished as a utility adjustment, the Commission, by utility agreement, will reimburse the utility owner for removal costs and receive salvage credit for the material removed, up to but not exceeding removal costs.&lt;br /&gt;
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====643.2.9.3.8 Salvage of Removed Materials====&lt;br /&gt;
This statement, to explain the salvage credit or lack of credit, will reflect routine utility owner policy as well as the particular situation. The utility owner will place a value on any recovered material for salvage. District utilities staff should check this value for reasonableness. Examples of salvage statements include:&lt;br /&gt;
* Existing utility facilities to be abandoned in place, since the cost of salvaging, based on our past experience, will exceed their value.&lt;br /&gt;
* Only those items will be salvaged for which salvage credit will exceed the cost of removal and salvage.&lt;br /&gt;
* Company liability requires removal of the retired utility facilities, even though the cost of removal will exceed allowable credit for salvage.&lt;br /&gt;
* Salvage credits are in accordance with established company accounting procedures.&lt;br /&gt;
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====643.2.9.3.9 Accrued Depreciation Credits====&lt;br /&gt;
Credit is required for the accrued depreciation of a utility facility that is being replaced. Examples are a building, structure, pumping station, filtration plant, power plant, substation, or other similar operational unit. Credit for accrued depreciation will not be required for a segment of the utility&#039;s service, distribution, or transmission lines. It is also not required when the building or structure is being moved as necessitated by the highway project. Acceptable accrued depreciation credit will be determined by using the following formula:&lt;br /&gt;
&amp;lt;math&amp;gt;\frac{\text{Actual Length of Service of Replaced Facility (Years)}}{\text{Total Estimated Service Life of Replaced Facility (Years)}} x&amp;lt;/math&amp;gt;&amp;lt;span style=&amp;quot;font-family: &#039;Times New Roman&#039;, Times, serif; font-size: 130%;&amp;quot;&amp;gt; Original Cost ($) = Credit ($)&amp;lt;/span&amp;gt;&lt;br /&gt;
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====643.2.9.3.10 Betterment Credits====&lt;br /&gt;
Betterment means the upgrading of the utility facility being relocated, made solely for the benefit of and at the election of the utility owner and is not attributable to the roadway improvement. Credit to the Commission is required for the additional costs incurred for the betterments introduced in the adjusted utility facility. No betterment credit is required for additions or improvements which are:&lt;br /&gt;
* Required by the highway project&lt;br /&gt;
* Replacement devices or materials that are of equivalent standards although not identical&lt;br /&gt;
* Replacement of devices or materials no longer regularly manufactured with next highest grade or size&lt;br /&gt;
* Required by law under governmental and appropriate regulatory commission code&lt;br /&gt;
* Required by current design practices regularly followed by the utility owner in its own work, and there is a direct benefit to the highway project&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.11 Overhead Costs====&lt;br /&gt;
Overhead costs are usually a percentage of the total labor cost. This item must be in accordance with the utility owner’s established accounting procedures, which in some cases may include handling costs or be a percentage of the total cost of the work involved. Additional attention to overhead costs is required when the rate is different from previously accepted rates. Occasionally, it can be difficult to obtain the necessary information at the time of the estimate to approve the overhead rates. In this situation, the estimate can be approved with exception of the overhead rates for payment. The utility owner is informed of this matter with the understanding that the overhead rates could be approved and paid with submission of appropriate supporting data and Financial Services audit review.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.12 Prorating Costs====&lt;br /&gt;
The need for prorating utility adjustment costs occurs when both the Commission and the utility owner are responsible for a portion of the utility adjustment necessary to allow for highway construction, and the actual costs for reimbursement in each category cannot be explicitly determined. Generally, the following conditions require division of costs:&lt;br /&gt;
* The adjustment is considered partially reimbursable per EPG 643.2.8.3&lt;br /&gt;
* Betterments are included in the necessary adjustment of the utility facility&lt;br /&gt;
&lt;br /&gt;
The district utilities staff should negotiate with the utility owner’s representative to determine an equitable basis for the prorating of costs based on the characteristics of the utility adjustment necessary to allow for highway construction.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.13 Costs Records====&lt;br /&gt;
The estimate should include a statement as to where the utility owner’s cost records may be reviewed. An example: &amp;quot;Company cost records will be available in our office at 2134 Industrial Avenue, Tulsa, Oklahoma&amp;quot;.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.14 Other====&lt;br /&gt;
Additional statements will explain or further clarify the work that is included. Such other items may include bypasses, special equipment, need for larger utility facilities, etc.&lt;br /&gt;
&lt;br /&gt;
==643.2.10 Schedule==&lt;br /&gt;
Timely adjustments of utility facilities are essential for efficient completion of highway construction projects. Ideally, all utility adjustments are completed prior to a project’s Plans, Specifications, and Estimate (PS&amp;amp;E) submittal to Central Office. Depending on the specifics of the highway construction and utility adjustment necessary, early completion of the utility adjustment may not be practical. The district utilities staff should negotiate with the utility owner to determine the schedule parameters necessary for the utility adjustment. At a minimum, the utility owner should document the dates it anticipates starting and completing the work. If a utility adjustment depends upon the completion of a portion of the highway construction, the necessary milestone for starting the utility adjustment should be documented along with an anticipated number of working days to complete the utility adjustment. The schedule is included as Exhibit “C” to the agreement.&lt;br /&gt;
&lt;br /&gt;
==643.2.11 Pre-Audits==&lt;br /&gt;
The district utility staff performs a pre-audit review and approval prior to preparation of the agreement. A pre-audit checklist should be completed and saved in MoProjects.&lt;br /&gt;
&lt;br /&gt;
==643.2.12 Utility Agreements==&lt;br /&gt;
Whenever the Commission is responsible for the cost of the necessary adjustments to allow highway construction, an agreement is required. If a Master Reimbursable Utility Agreement (see EPG 643.2.12.2) has not been executed with the utility owner, a Project Specific Agreement (see EPG 643.2.12.3) is executed between the utility owner and the Commission. In some cases, it may be more practical for the Commission to include adjustment of utilities into a Commission administered contract. A Utility Agreement - Actual Cost (For Utility Work That is to be Included in the Missouri Highways and Transportation Commission&#039;s Road Project) (see EPG 643.2.12.4). Agreements include a plan of adjustment (Exhibit “A”), cost estimate (Exhibit “B”), and schedule (Exhibit “C”).&lt;br /&gt;
&lt;br /&gt;
The Utility Agreement boilerplate forms have been approved by the Chief Counsel’s Office (CCO). They are identified in the upper left-hand corner of each agreement by an identifier such as CCO Form: UT01 for the Master Reimbursable Utility Agreement. CCO updates these agreements as necessary. They serve as a guide in the preparation of the agreement to be executed with the utility owner for the adjustments required to their utility facilities to accommodate the proposed roadway improvement project. District utilities staff should use the latest version of the agreement found in eAgreements in drafting an agreement with utility owners. A list of utility agreements and detailed information concerning the sequence for preparing and executing an agreement is available in EPG 153 Agreements and Contracts.&lt;br /&gt;
&lt;br /&gt;
These forms are to be used word for word. Revisions or additions are only made to address specific project details. The intent of each paragraph must be retained, although specific words may be revised to fit the particular situation. No paragraphs are deleted without prior approval from CCO. For guidance on acceptance of liability, refer to the Acceptance of Liability Policy at the CCO SharePoint page. Drafts of agreements having major revisions or complications are to be submitted, with supporting data, to Design Division for comment and approval.&lt;br /&gt;
&lt;br /&gt;
A reference to 23 CFR 645 is included in all agreements. Utility owners must be acquainted with these requirements and procedures. The incorporation of 23 CFR 645 by reference in all agreements eliminates the need for a second set of regulations to be included in the document.&lt;br /&gt;
&lt;br /&gt;
The agreement for the adjustment of a utility is prepared by the district utilities staff and submitted to the utility owner for execution. The agreement is based on the plan, estimate of cost which was prepared in accordance with 23 CFR 645, and schedule. Authorized individuals representing the utility owner will execute the agreement. The agreement must be signed, sealed, and if necessary, notarized by the utility owner. If the utility owner does not have or use a corporate seal, write &amp;quot;NO SEAL&amp;quot; under the signatures of the owner’s officers. Agreements with political subdivisions are to be supported by an appropriate ordinance, a copy of which is to be submitted with the executed agreements. All copies will be forwarded to the CCO for further handling. A fully executed copy of the agreement will be retained in eAgreements. If the agreement was executed using electronic signatures, the district utilities staff should forward an electronic copy of the fully executed agreement to the utility owner. If the agreement was executed using wet signatures, one (1) paper copy of the fully executed agreement will be returned by the Commission Secretary’s Office to the district utilities staff. The district utilities staff will forward this copy to the utility owner.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.1 Buy America Build America Requirements===&lt;br /&gt;
All agreements contain information on Buy America Build America (BABA) compliance. The utility owner should select the method of certification (See EPG 643.2.19) at the time of agreement completion. The appropriate paragraph will be inserted into the agreement. All BABA compliance documents must be retained by the utility owner and made available upon request at no cost to the Commission and/or FHWA.&lt;br /&gt;
&lt;br /&gt;
====643.2.12.1.1 Utility Owner Self-Certification====&lt;br /&gt;
The City/Company certifies that when determining products/materials subject to Buy America Build America requirements to use in the performance of this Agreement, it shall use only such products/materials for which it has received a certification from its supplier, or provider of construction services that procures the product/material, certifying compliance with Buy America Build America requirements. This does not include products/materials for which waivers have been granted pursuant to 23 CFR 635.410. The City/Company will not be required to provide the Commission copies of the supplier certification as part of this Agreement or with the final invoice of said Commission’s Federal-Aid Highway Construction Project.&lt;br /&gt;
&lt;br /&gt;
====643.2.12.1.2 Vendor/Manufacturer Certification====&lt;br /&gt;
The City/Company certifies that when determining products/materials subject to Buy America Build America requirements to use in the performance of this Agreement, it shall use only such products/materials for which it has received a certification from its supplier, or provider of construction services that procures the product/material, certifying compliance with Buy America Build America requirements. This does not include products/materials for which waivers have been granted pursuant to 23 CFR 635.410. The City/Company shall provide to the Commission all Buy America compliance documents as outlined in the Commission’s Engineering Policy Guide 643. All required compliance documents shall accompany the final invoice submitted to the Commission.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.2 Master Reimbursable Utility Agreements===&lt;br /&gt;
The UT01: Master Reimbursable Utility Agreement (MRUA) is a statewide agreement that has been executed by the utility owner and the Commission for all future reimbursable utility adjustments between both parties. Once a MRUA is executed, no other utility agreements are required on design-bid-build projects. The district utilities staff should encourage utility owners to enter into a MRUA with the Commission to reduce potential future delays in executing a project specific agreement. A list of previously executed Master Reimbursable Utility Agreements is available. District utilities staff should add newly executed agreements to this list. The MRUA can be employed as either an actual cost (EPG 6432.12.3.1) or lump sum (EPG 643.2.12.2.2) agreement. When the reimbursable adjustment will utilize a MRUA, the district utilities staff will prepare a MRUA correspondence letter (“letter agreement”) referencing the executed MRUA. A copy of the MRUA correspondence letter should be saved in MoProjects for reference by Financial Services, the district construction office, and the district staff responsible for inspection of utility adjustments. All project specific items such as type of agreement (actual cost or lump sum), plan of adjustment, estimated total cost, cost allocation, and schedule are addressed in the MRUA correspondence letter from the district utilities staff to the utility owner. A flowchart of the MRUA process is available.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.3 Project Specific Agreements===&lt;br /&gt;
If a utility owner does not have a MRUA with the Commission, a project specific agreement will be required for every project for which the Commission is responsible for the necessary adjustments to allow highway construction. The project specific agreement will be either an actual cost (EPG 643.2.12.3.1) or lump sum (EPG 643.2.12.3.2) agreement.&lt;br /&gt;
&lt;br /&gt;
====643.2.12.3.1 Actual Cost Agreements====&lt;br /&gt;
The UT03: Utility Agreement – Actual Cost is used when detailed estimates are not practical or costs appear to be questionable. Details on actual cost estimates can be found at EPG 643.2.9.2.1 Actual Cost Estimates. Once the final invoice on a UT03 is submitted to Financial Services, district utilities staff should change the status on the agreement in eAgreements to completed.&lt;br /&gt;
&lt;br /&gt;
====643.2.12.3.2 Lump Sum Agreements====&lt;br /&gt;
The UT02: Utility Agreement – Lump Sum eliminates the need for keeping detailed records of cost and the auditing of cost records. Estimates of cost must be prepared in detail for use of this agreement. When detailed estimates are not practical or costs appear unreasonable, actual cost agreements are to be used. Use of special forms of agreements, such as &amp;quot;subordination agreements&amp;quot;, which are desired by certain utility owners, is acceptable. These, too, must be revised to cover the particular situation. Details on lump sum estimates can be found at EPG 643.2.9.2.2 Lump Sum Estimates. Once the final invoice on a UT02 is submitted to Financial Services, district utilities staff should change the status on the agreement in eAgreements to “completed”.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.4 Agreement for Utility Work Included in Roadway Improvement Project===&lt;br /&gt;
The UT04: Utility Agreement - Actual Cost (For Utility Work That is to be Included in the Missouri Highways and Transportation Commission&#039;s Road Project) allows for the adjustment to be based on actual cost with the roadway contractor performing the utility work. Caution should be exercised in the type of utilities to be relocated in roadway contracts. Utilities recommended are waterlines and sewer lines. Other utilities, such as gas lines, communication lines, and power lines are to be studied thoroughly before being included in the project.&lt;br /&gt;
&lt;br /&gt;
The Transportation Project Manager and district utilities staff must plan ahead to get this work in the roadway contract. The utility owner must agree to include the utility adjustment in the roadway contract. The adjustment may be on highway right of way or on private easement in the name of the utility owner. The utility owner can agree to allow MoDOT’s contractor to work in its easement. However, district utilities staff in consultation with district right of way staff should review the easement documentation to verify the utility owner’s rights to the easement and any limitations on its use. MoDOT’s contractor can work and operate on both Commission right of way and on the utility easement, even when not directly connected to the Commission right of way, as part of the job site. Temporary construction easements may be necessary in addition to the utility easement to ensure adequate working room for the contractor.&lt;br /&gt;
&lt;br /&gt;
:The utility owner may request exemption to any liability for negligence of our contractor working on their easement. The Commission can assume that liability (refer to Acceptance of Liability Policy), but it should be included in the utility agreement if so desired by the utility owner. A Job Special Provision is necessary to require the MoDOT contractor to hold the utility harmless from all claims due to contractor negligence.&lt;br /&gt;
&lt;br /&gt;
Subsurface information, i.e. boring data, etc., should be obtained by the utility owner since it may be needed for the design of the utility adjustment. This information should be included in the plans. If the utility owner must bear all or part of the cost of the adjustment, the utility owner must agree to pay a pre-deposit to the Commission prior to opening bids on the project. This should be in the utility agreement. The pre-deposit will be credited to the &amp;quot;Missouri Highway and Transportation Commission - Local Fund.&amp;quot; Any interest earned in the fund will apply to the cost of the adjustments. The utility agreement will include language that the utility will inspect the installation and assume maintenance of the utility facility after construction. MoDOT will also provide engineering supervision to be sure the road contractor is in compliance with the contract. Utility plans and specifications are to be approved by the owner prior to submittal to the Central Office. The following items will provide minimum information to allow MoDOT’s contractor to bid the work.&lt;br /&gt;
# Individual bid items (not &amp;quot;lump sum&amp;quot;) should be established to promote better bidding and to handle overruns and underruns. Bid items not included on the Computer Stored Bid Item list should be &amp;quot;99&amp;quot; numbers.&lt;br /&gt;
# he bid package must be in our letting format. If the package was prepared by a consultant as if the utility owner were going to let it, all bid bond or bidding procedures must be screened to remove requirements contrary to MoDOT letting requirements. District utilities staff should work with the Transportation Project Manager, Design Liaison Engineer, and Central Office Bidding and Contract Services to ensure this requirement is met.&lt;br /&gt;
# The specifications required by the utility owner should be reviewed for items that could cause a bid problem for our contractor. Items such as non-readily available materials or sizes should be avoided.&lt;br /&gt;
# Utility plan sheets should be .pdf files equivalent to 22 in. x 34 in. It is helpful to have a quantity sheet specifically for utility items.&lt;br /&gt;
# Any special procedures required for the utility installation should be included in the Job Special Provisions.&lt;br /&gt;
# The utility package should be submitted on-time to Central Office with other project plans.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.5 Agreement for a Utility Only Project===&lt;br /&gt;
Any of the above agreements can be modified for a utility only project separate from the roadway project. The utility only project may be done by forces hired by the utility owner or by the Commission. A separate utility only project has distinct advantages when the following occurs:&lt;br /&gt;
* The utility work is extensive&lt;br /&gt;
* It must be performed in accordance with the utility owner’s seasonal requirements&lt;br /&gt;
* It extends beyond the limits of the construction project&lt;br /&gt;
* It must be performed considerably in advance of the roadway contract&lt;br /&gt;
&lt;br /&gt;
Necessary environmental and design work is still required for the limits of the separate utility only project. It may be necessary in these cases to have a second agreement with the utility owner to cover any other work that must be performed concurrently with the roadway contract. These latter agreements will use the roadway construction job number. Early need for utility projects is to be determined at the time when the STIP is updated each year. The utility construction funds will be shown in the year right of way funds are assigned. This will be done whenever possible to secure early adjustment of utility facilities. A request by the district is sent to the Planning Division. Estimated dollar amounts for utility adjustments are needed. These are estimates and do not need to be extremely accurate. When a special utility project is established, it is preferred, if at all possible, to include all the utility adjustments necessary for the entire roadway project. If funds are available, additional agreements can be added to this utility project until the final invoice for the first completed agreement is received for payment.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.6 Supplemental Agreements===&lt;br /&gt;
For utility owners with a UT01 agreement, a supplemental letter agreement documenting the change in the scope or cost of the work is acceptable.&lt;br /&gt;
&lt;br /&gt;
The UT05: First Supplemental Agreement is used to document changes to UT02 and UT03 agreements. If changes to the scope of work occur that are anticipated to exceed $100,000 or 15% of the original agreement, a UT05 is required. If the final invoice on an actual cost adjustment without changes in the scope of work exceeds the limits shown in the table below, a UT05 is required.&lt;br /&gt;
&lt;br /&gt;
{| class=&amp;quot;wikitable&amp;quot; style=&amp;quot;margin-left: 25px; text-align:center&amp;quot;&lt;br /&gt;
! Amount in Original Actual Agreement !! Final Bill Total Exceeds Original Amount by:&lt;br /&gt;
|-&lt;br /&gt;
| 0-$25,000 || 50%&lt;br /&gt;
|-&lt;br /&gt;
| $25,000-$100,000 || 40%&lt;br /&gt;
|-	&lt;br /&gt;
| Exceeds $100,000 || 30%&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
Should multiple UT05s be required with the same utility owner, the UT05 should be modified for additional supplemental agreements. Once the final invoice on an UT05 is submitted to Financial Services, district utilities staff should change the status on the agreement in eAgreements to “completed”.&lt;br /&gt;
&lt;br /&gt;
==643.2.13 Utility Adjustments in Roadway Plans and Job Special Provisions (JSPs)==&lt;br /&gt;
It is the responsibility of the MoDOT Transportation Project Manager (TPM) to ensure utility plans of adjustment are shown on the project plans at the Plan, Specification, and Estimate (PS&amp;amp;E) stage based upon information coordinated by the district utilities staff with the appropriate utility owner.&lt;br /&gt;
&lt;br /&gt;
===643.2.13.1 Plans===&lt;br /&gt;
A legend showing all applicable utility symbols and the names of the utility owners is shown on the first special utility sheet. In the absence of special utility sheets, this information may be shown on the title sheet or the first plan and profile sheet. The following note is required to be placed on the title sheet or the first plan and profile sheet and the first special utility sheet (if used) to inform contractors of the suitability of the utility information contained on the plans.&lt;br /&gt;
&lt;br /&gt;
&amp;quot;The existence and approximate location of utility facilities known to exist, as shown on the plans, are based on the best information available to the Commission at this time. This information is provided by the Commission &amp;quot;as-is&amp;quot; and the Commission expressly disclaims any representation or warranty as to the completeness, accuracy, or suitability of the information for any use. Reliance upon this information is done at the risk and peril of the user, and the Commission shall not be liable for any damages that may arise from any error in the information&amp;quot;.&lt;br /&gt;
&lt;br /&gt;
===643.2.13.2 Job Special Provisions===&lt;br /&gt;
Since the addition of utility information on the plans, supplied by a third party, could subject the Missouri Highway and Transportation Commission to additional liability, a Utility JSP reflecting the status of utility adjustments will be required. The JSP will include the name, address, e-mail address, and telephone number of all utility owner representatives for all utility facilities located on the project. The anticipated adjustment completion date for each utility adjustment is also to be shown based on the agreed upon dates, durations, or completion dates with the utility owner’s representative. This information will inform the bidder of the status of utilities for proper work coordination that could affect the bids for the proposed highway construction project. Status notations will include general notations such as: “N/A”, “Work is in progress”, “Work has not started”, “Work is complete”, and “Work is included in contract.”&lt;br /&gt;
&lt;br /&gt;
===643.2.13.3 PS&amp;amp;E Submittal===&lt;br /&gt;
In the District Final Plans Submittal Checklist (D-12), the TPM should note any issues related to existing utility facilities or the adjustment of utility facilities either shown or not shown on the plans. Projects with “No Utility Impacts” such as some overlays, striping, bridge washing, etc. do not need a Utility Status Letter or Utility JSP. The D-12 is used for these projects. In the D-12, under Project Details – “Utilities”, the note “NO” is selected and under “Status”, select “Clear”. For all other projects, the district utilities staff will write a Utility Status Letter. The TPM will include the Utility Status Letter with the submittal of the final plans to the Design Division. The Utility Status will be defined as:&lt;br /&gt;
# Utility facilities are present, but no conflict is anticipated with the highway construction project. Or,&lt;br /&gt;
# All utility facilities requiring adjustment to allow highway construction have been physically adjusted on the project. Or,&lt;br /&gt;
# Utility construction work is planned or active and will be completed to such a point that no impact will be expected to the highway construction project. The status of this work is defined in the utility JSP. Or,&lt;br /&gt;
# Utility facilities are not expected to be adjusted by the notice to proceed date for the road project, but the utility work will have no impact on the progress of the highway construction project. The status of this work is defined in the utility JSP. Or,&lt;br /&gt;
# Utility facilities must be adjusted after the road contractor completes stage construction or in coordination with the contractors’ work. Details of the coordination effort required of the contractor are defined in the utility JSP to properly advise bidders. Or,&lt;br /&gt;
&lt;br /&gt;
# Utility adjustment plans and specifications are included in the bid documents for the highway construction project. A UT04 agreement must be executed.&lt;br /&gt;
&lt;br /&gt;
==643.2.14 Payment to Utility Companies for Reimbursable Work==&lt;br /&gt;
Authorization and federal funding obligation must be approved prior to incurring costs. This applies to all types of work on utility facilities including preliminary engineering. An obligation is a commitment by the federal government to reimburse MoDOT for the federal share of a project’s eligible cost.&lt;br /&gt;
&lt;br /&gt;
===643.2.14.1 Obligation Process===&lt;br /&gt;
Federal funding can be used with both lump sum and actual cost agreements. After the utility agreement is fully executed, the district utilities staff will email a copy of the utility agreement or the letter agreement referencing the MRUA to the email group OBLIGATE. This email should request the authorization authority for use of federal funds and to be informed of a Notice to Proceed (NTP) (see EPG 643.2.15) date by Financial Services once federal funding has been obligated. District utilities staff should allow three (3) weeks to receive the NTP. Financial Services will use Advance Construction (AC) funding to fund reimbursement to utility owners. With AC funding, state funds initially are used to pay for reimbursement to utility owners. Once construction is complete, with appropriate documentation of the work via the C-9 and C-13, Financial Services will convert to federal funding.&lt;br /&gt;
&lt;br /&gt;
===643.2.14.2 Preliminary Engineering===&lt;br /&gt;
On occasion, preliminary engineering (PE) may need to be undertaken by the utility owner prior to the execution of a utility agreement. If a utility owner has a MRUA, an estimate of the cost of the PE work by the utility owner may be used to obligate funding for preliminary engineering under the MRUA as a PE only letter agreement. If a lump sum or actual cost agreement will be required with the utility owner for the project, district utilities staff should do two (2) agreements with one agreement covering PE only, and once a design for the adjustment is obtained, a second agreement for the construction of the adjustment should be executed. If a separate PE only agreement is obtained, NTP will need to be issued twice to the utility owner: once for PE and once for construction.&lt;br /&gt;
&lt;br /&gt;
===643.2.14.3 Right of Way===&lt;br /&gt;
Once Notice to Proceed has been given, the utility owner may begin the right of way acquisition process. If the utility owner needs to acquire right of way prior to a full agreement for relocation has been negotiated, the agreement specifically for the acquisition of right of way should be executed. This agreement will be sent to Financial Services to begin the obligation process.&lt;br /&gt;
&lt;br /&gt;
===643.2.14.4 Construction===&lt;br /&gt;
Payment to utility owners for construction of the adjustment may occur in a number of phases.&lt;br /&gt;
&lt;br /&gt;
====643.2.14.4.1 Prepayment====&lt;br /&gt;
Per the utility agreement, the Commission allows utility owners to be prepaid prior to commencing work. The district utilities staff may negotiate the prepayment if the utility owner is receptive. The utility owner will submit a request for prepayment with an invoice prior to any prepayment. Route, county, and job number must be included in the request. The district utilities staff will submit a request to Financial Services with a copy saved in MoProjects for future reference by the district staff responsible for inspection of the utility adjustment.&lt;br /&gt;
&lt;br /&gt;
====643.2.14.4.2 Progress Payments====&lt;br /&gt;
If a utility owner has not been prepaid the entire estimated amount in the utility agreement, then the utility owner may request progress payments after completing a portion of the proposed work, including PE.&lt;br /&gt;
&lt;br /&gt;
Progress payments for PE by consultants should not exceed the &amp;quot;maximum not to exceed amount&amp;quot; shown in the cost estimate unless additional costs are approved first by district utilities staff.&lt;br /&gt;
&lt;br /&gt;
For progress payments, the utility owner is required to submit only a summary of work and materials for which payment is claimed, not a detailed billing. District utilities staff should check only to be sure that sufficient work has been done to justify making the requested payment. Payment should be made for allowable costs incurred up to the date of the progress payment request.&lt;br /&gt;
&lt;br /&gt;
Progress payment invoices do not relieve the utility owner of the responsibility of submitting one complete and final invoice upon completion of the adjustment. The utility owner’s address must be shown on the invoice. The district utilities staff should submit progress payment invoices and applicable C-9s to Financial Services within one (1) week of receipt of invoice.&lt;br /&gt;
&lt;br /&gt;
One copy of the progress payment and one copy of the district utilities staff letter of recommendation must be sent to Financial Services for payment and be stored in MoProjects. The cover memo should include the project number, route, county, actual cost or lump sum utility agreement, Commission obligation percentage, total cost estimate of Commission obligation, and indicate the progress payment number, i.e., progress payment number 1, 2, 3, etc. If more than one progress payment is requested by the utility company, the district should submit progress payment bills to Financial Services in the following format:&lt;br /&gt;
{| class=&amp;quot;wikitable&amp;quot; style=&amp;quot;margin-left: 25px; text-align:center&amp;quot;&lt;br /&gt;
! Payment !! Amount&lt;br /&gt;
|-&lt;br /&gt;
| Progress Payment #1 || $50,000&lt;br /&gt;
|-&lt;br /&gt;
| Progress Payment #2 || 10,000&lt;br /&gt;
|-	&lt;br /&gt;
| Total Payment to Date || $60,000&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
This format will help clarify payment history with the utility owner. Progress payments for actual cost utility agreements may not exceed the Commission&#039;s total estimated cost shown in the agreement. However, if the request for a progress payment exceeds the original estimate, a change order with explanation should accompany the request. (See EPG 641.2.16.5 Change Orders.)&lt;br /&gt;
&lt;br /&gt;
====643.2.14.4.3 Final Payment====&lt;br /&gt;
Utility owners are required to submit a detailed final invoice to MoDOT for all actual cost reimbursable utility work and for any lump sum reimbursable utility work that was not prepaid. For prepaid lump agreements, the utility owner must submit a zero-dollar ($0) invoice to demonstrate the work has been completed. After the utility work has been fully completed, the district utilities staff responsible for inspection should send the utility owner a “60 Day” Final Acceptance Letter requesting a complete final invoice within 60 days, as detailed in the utility agreement. If the final invoice is not received from the utility owner within 30 days, then a follow up letter should be sent (i.e., “30 Day” Reminder Final Invoice Letter) reminding the utility owner of its obligation to submit a final invoice within 60 days of the completed work. If a final invoice from the utility owner is not received within this timeframe, then the district utilities staff should contact the Design Liaison Engineer for guidance on how to close out the work.&lt;br /&gt;
&lt;br /&gt;
The district utilities staff is expected to check the final bill within two (2) weeks after receipt in as much detail as possible against the C-9. It is their responsibility to verify from field records the quantities of labor, equipment, material used, material retired, and to justify all changes made. If the utility owner’s contractor made the adjustment at unit cost prices, then it is the district utility staff’s responsibility to verify the number of units completed and not the hours of labor and equipment. It is also important for the utility owner to show the words “final bill” or “final invoice” on the last bill, in order for MoDOT to understand that no additional charges will be made on the adjustment. The final bill must show a general description of the utility adjustment, the highway project number, the date on which work was completed or last item of billed expense was incurred, and the location where records can be audited. The order of items in the final statement should follow as closely as possible the order of items in the original estimate. A summary, on the utility owner’s letterhead, of the total cost of preliminary engineering, construction engineering, right of way, labor, overhead, construction travel expense, transportation, equipment, materials, supply, handling, and salvage credits should be shown in a way that will permit direct comparison with the approved estimate from the original or supplemental agreements (see EPG 643.2.12.6).&lt;br /&gt;
&lt;br /&gt;
If the Actual Cost final invoice shows a much higher cost than the original estimate without scope change, the utility owner is required to give reasons in a letter to the district utilities staff explaining why the invoice cost increased. When the Actual Cost final invoice exceeds the amount shown in the table in EPG 643.2.12.6, a supplemental agreement is required.&lt;br /&gt;
&lt;br /&gt;
When the district utilities staff has determined that the final invoice is accurate, the C-13 should be completed. Once the C-13 is completed, the C-13 and the final invoice from the utility owner are forward to Financial Services. For Actual Cost agreements, the C-9s should also be included in this transmittal. If no additional payments are required, the district utilities staff should note this in the transmittal as well. If the final invoice indicates previous payments to a utility owner exceeded the final invoice, the utility owner will need to send MoDOT a check for the overpayment amount. The check should be made payable to Director of Revenue – Credit State Road Fund. If the utility owner did not send MoDOT an overpayment check with the final invoice, district utilities staff should send a letter to the utility owner requesting the refund amount. Submittal of the final invoice to Financial Services should not occur until repayment has been received. The submittal to Financial Services should note the receipt of the repayment check.&lt;br /&gt;
&lt;br /&gt;
==643.2.15 Notice to Proceed==&lt;br /&gt;
For PE only, once an agreement has been executed, and Financial Services has advised that authorization from FHWA has been received, district utilities staff will issue a notice to proceed (NTP) letter to the utility owner for the PE. For agreements that include PE and construction or once a final agreement for construction has been executed, right of way clearance has been issued, and Financial Services has advised that authorization from FHWA has been received, the district utilities staff will issue NTP to the utility owner for construction. See Example of Notice to Proceed Letter. If salvage credit is part of the agreement with the utility owner, the NTP letter should include a statement that the utility owner will need to inform district utilities staff of the time and place that inspection may be made of the removed material. The utility owner may be held accountable for full value of materials disposed without proper notice. Utility owners may purchase materials prior to NTP for construction; however, no other work on the adjustment necessary to allow highway construction may begin prior to NTP for construction. The utility owner, for reasons of planning their workload or due to seasonal situations, may request early authorization to perform the work. This request, with the district utilities staff recommendations, is sent to the Design Liaison Engineer for further handling, approval, and advancement of the necessary funds. A copy of the NTP should be saved in MoProjects. If a utility owner begins adjustments prior to NTP for construction, district utilities staff should notify the utility owner immediately in writing that reimbursement will not be made for work done prior to NTP for construction.&lt;br /&gt;
&lt;br /&gt;
==643.2.16 Construction of Utility Adjustments==&lt;br /&gt;
===643.2.16.1 Utility Owner Self-Perform===&lt;br /&gt;
As per 23 CFR 645.115 Construction, it may be cost-effective for certain utility adjustments to be performed by a utility owner with its own internal forces and equipment, provided the utility owner is qualified to perform the work in a satisfactory manner. This cost-effectiveness finding covers minor work on the utility owner’s existing utility facilities routinely performed by the utility owner with its own forces.&lt;br /&gt;
&lt;br /&gt;
===643.2.16.2 Construction Contract Requirements===&lt;br /&gt;
When the utility owner is not adequately staffed and equipped to perform such work with its own forces and equipment at a time convenient to coordination with the associated highway construction, such work may be done one of four ways for utility adjustments:&lt;br /&gt;
# MoDOT can provide the construction services, via awarded contract to the lowest qualified bidder based on appropriate solicitation. This can be done by including the adjustment work in the roadway improvement project (EPG 643.2.12.4 Utility Agreement for Utility Work Included in Roadway Improvement Project) or by having a utility only project (EPG 643.2.12.5 Utility Only Project).&lt;br /&gt;
# The utility owner can award a construction contract to the lowest qualified bidder based on appropriate solicitation.&lt;br /&gt;
# The utility owner can utilize an existing continuing contract, provided the costs are reasonable (see EPG 643.2.9.1 Independent Cost Estimate).&lt;br /&gt;
# The utility owner can contract for low-cost incidental work, such as tree trimming and the like, without competitive bidding, provided the costs are reasonable (see EPG 643.2.9.1 Independent Cost Estimate).&lt;br /&gt;
&lt;br /&gt;
When a utility owner chooses option 2 to award its own new construction contract, the utility owner must provide the following documents and information to the district utilities staff. These documents need to be provided as soon as the utility owner has chosen to pursue a construction contract. Document 1 must be supplied by all utility owners. Documents 2 and 3 are only required when the utility owner is a local government agency who is also a political subdivision of the state of Missouri (e.g., city-owned utilities, county-owned utilities). All other utility owners are encouraged, but not required, to provide Documents 2 and 3.&lt;br /&gt;
# A statement that the utility owner is not staffed or able to perform the required construction activities with its own forces.&lt;br /&gt;
# A copy of the request for proposal used to secure bids.&lt;br /&gt;
# A list of a minimum of 3 bidders whom they believe can do the work. &#039;&#039;&#039;Political subdivisions are required to advertise for the work&#039;&#039;&#039;.&lt;br /&gt;
# Upon review of these documents, the district utilities staff will advise the utility owner to proceed with the solicitation of bids, but the utility owner will not be permitted to award the contract without the concurrence of district utilities staff. For lump sum agreements, approval of contract work and subcontract work is not required.&lt;br /&gt;
&lt;br /&gt;
The following documents need to be provided as soon as the utility owner has determined the lowest qualified contractor and would like to award the project. Document 1 must be supplied by all utility owners. Document 2 is only required when the utility owner is a local government agency who is also a political subdivision of the state of Missouri (e.g., city-owned utilities, county-owned utilities). All other utility owners are encouraged, but not required, to provide Document 2.&lt;br /&gt;
# The name address of the lowest qualified contractor.&lt;br /&gt;
# The tabulation of bids received and other information to support their recommendation for award to the lowest qualified bidder.&lt;br /&gt;
&lt;br /&gt;
The district utilities staff will review and approve the utility owner&#039;s bid information prior to the award of the contract. The Design Liaison Engineer is available to assist the district with review of bid information if necessary. Once the district utilities staff provides concurrence, the utility owner may proceed with awarding the contract. When the utility owner is a local government agency who is also a political subdivision of the state of Missouri (e.g., city-owned utilities, county-owned utilities), a copy of the executed contract must be shared with the district utilities staff. All other utility owners are encouraged, but not required, to provide a copy of the executed contract.&lt;br /&gt;
&lt;br /&gt;
A checklist is available for reviewing contracts to ensure the contract conforms to MoDOT policy and complies with applicable federal regulations.&lt;br /&gt;
&lt;br /&gt;
When a utility owner chooses to utilize a an existing continuing contract, the utility owner will submit a copy of the contract to the district utilities staff. The district utilities staff will review the contract for reasonableness of cost. If district utilities staff and the utility owner’s representative cannot agree on the reasonableness of cost, then the utility owner will be required to award a new construction contract.&lt;br /&gt;
&lt;br /&gt;
===643.2.16.3 Inspection===&lt;br /&gt;
The degree of inspection needed for utility adjustments will vary considerably with the nature and location of the work and whether the Commission is responsible for any portion of the cost of reimbursement. Judgment must be used regarding the manner and regularity of inspection duties. Some phases of the work require a very close check to ensure that the highway will not be adversely affected and to ensure satisfactory performance of work in accordance with the agreement and plans. The degree of inspection may vary from spot checking of overhead installations to continuous close observation of backfilling trenches beneath proposed pavement, embankment area, or adjacent to bridge abutments. Proper inspection can ensure that the utility adjustment is completed as efficiently as possible to minimize future impacts to the utility facility and the highway construction project. A [https://epg.modot.org/forms/general_files/DE/UtilityFieldInspectionChecklist.docx Field Inspection Checklist] to assist district utilities staff responsible for inspection is available.&lt;br /&gt;
&lt;br /&gt;
If it is found that any actual cost reimbursable utility adjustment is being performed by unapproved contractors, district utilities staff should direct the work to stop. The utility owner’s representative should be informed immediately and should be advised in writing that the costs incurred by an unapproved contractor are not eligible for reimbursement under provisions of the agreement. The district utilities staff can take appropriate steps to approve a subcontract and advise when the utility owner can recommence work.&lt;br /&gt;
&lt;br /&gt;
===643.2.16.4 Documentation===&lt;br /&gt;
All documents related to the construction of the utility adjustment necessary to allow highway construction should be stored in MoProjects.&lt;br /&gt;
&lt;br /&gt;
Construction records must be kept to confirm that work is done in accordance with the terms of the agreement and in the manner proposed in the plans. The importance of a complete and accurate record cannot be overemphasized. Detailed records are necessary to support the recommendation for payment of the final invoice. A complete, separate daily record must be kept on each actual cost adjustment and submitted for review when the final invoice is recommended for payment. This district utilities staff responsible for inspection should complete the Daily Utility Report (C-9).&lt;br /&gt;
&lt;br /&gt;
====643.2.16.4.1 Utility Reports====&lt;br /&gt;
The Daily Utility Report ([https://epg.modot.org/forms/general_files/DE/C-9.docx Form C-9]) and the Final Utility Report ([https://epg.modot.org/forms/general_files/DE/C-13.docx Form C-13]) are used for documenting utility adjustments necessary to allow highway construction. The use of C-9s and C-13s will vary with method of reimbursement. For utility adjustments necessary to allow highway construction that overlap with the highway contractor’s work, progress records should be kept as necessary to coordinate the highway and utility construction activities. Sufficient records must be maintained to check and verify the items of labor, equipment, materials, and salvaged items as submitted on the final invoice.&lt;br /&gt;
&lt;br /&gt;
=====643.2.16.4.1.1 Daily Utility Report (C-9)=====&lt;br /&gt;
C-9s are only required for actual cost agreements. The district utilities staff responsible for inspection must in all cases keep records to document inclement weather, down time, and verbal authorization for minor changes. The district utilities staff responsible for inspection must complete a C-9 documenting the number and classification of employees and number of hours worked. Records of material used and of retired materials returned to stock or scrapped must be kept. The utility owner’s major items of equipment must also be recorded. When work is done by the contract method based on unit prices, the district utilities staff responsible for inspection should ascertain that units of work as provided in the bid proposal are measured and recorded to form a basis for checking the final invoice. C-9s should list the location and the number of units of work accomplished for that period. If contract labor or equipment is used by a utility owner on the basis of a bid per hour, per day, etc., it will be necessary to keep records on this labor or equipment time in the same manner as if the utility owner were performing the work with its own internal forces. District utilities staff responsible for inspection should also note all contractors working for the utility owner and the contractor approval authorization dates given in the agreement.&lt;br /&gt;
&lt;br /&gt;
=====643.2.16.4.1.2 Final Utility Report (C-13)=====&lt;br /&gt;
C-13s summarize that the utility adjustment work that was done in accordance with the agreement and plans, the percentage of total cost that is the responsibility of the Commission, and any progress payments that have been made. A C-13 is required for both actual cost and lump sum agreements. The requested numbers shown on line 9 (Commission Estimated Cost) and line 10 (Amount of Final Bill) in the report are the Commission’s total responsibility.&lt;br /&gt;
&lt;br /&gt;
====643.2.16.4.2 Breakdown and Emergency====&lt;br /&gt;
When breakdown and emergency situations occur, prior approval by MoDOT is not required for contract or equipment rental work unless the cost or period of time will be extensive. The utility owner should furnish a letter as soon as possible to explain the situation and set out the estimated costs involved. The district utilities staff’s records should substantiate the need and the changes for personnel and equipment.&lt;br /&gt;
&lt;br /&gt;
====643.2.16.4.3 Stop Work====&lt;br /&gt;
If at any point, a stop work order is given by MoDOT to a utility owner, written documentation of the stop work order should be saved in MoProjects.&lt;br /&gt;
&lt;br /&gt;
===643.2.16.5 Change Orders===&lt;br /&gt;
Any change in the plan of adjustment should be documented in writing to the utility owner as a change order. If the change order is anticipated to exceed $100,000 or 15% of the original agreement amount, district utilities staff should negotiate a supplemental agreement with the utility owner’s representative. Once a supplemental agreement is in place, district utilities staff should contact Financial Services to obtain an adjustment of the obligation mid-project. Change orders without supplemental agreements will be settled once the project is complete.&lt;br /&gt;
&lt;br /&gt;
====643.2.16.5.1 Actual Cost Agreement====&lt;br /&gt;
Slight modifications in quantities or the addition of minor items not included with the original agreement do not require a supplemental agreement. However, such changes should be documented in writing with the utility owner. A supplemental agreement is needed if costs exceed the above threshold or if there is a change in the percentage of cost that is the Commission’s responsibility on an agreement with shared responsibility for costs. Intermediate partial payments cannot be made on items in a supplemental agreement until the supplemental agreement is approved.&lt;br /&gt;
&lt;br /&gt;
====643.2.16.5.2 Lump Sum Agreement====&lt;br /&gt;
A supplemental agreement to a Lump Sum Agreement is only required for significant changes in the scope of work of the utility adjustment necessary to allow highway construction. Normal overruns are not considered as changes in approved work and will not be reimbursed. Significant changes in the scope of work on utility adjustments necessary to allow highway construction cannot be done until the supplemental agreement is approved, and the adjustment in obligation of funds is complete.&lt;br /&gt;
&lt;br /&gt;
==643.2.17 Utilities during Highway Construction==&lt;br /&gt;
The contractor is responsible for having utilities located by contacting Missouri One-Call (811) prior to any excavation on the project. A reminder of this responsibility should be made at the preconstruction meeting.&lt;br /&gt;
&lt;br /&gt;
===643.2.17.1 Preconstruction Meeting (Pre-Con)===&lt;br /&gt;
District utilities staff should be invited to all pre-cons.&lt;br /&gt;
&lt;br /&gt;
Pre-cons fall into three categories relating to utilities:&lt;br /&gt;
# No utility adjustments are anticipated within the project limits,&lt;br /&gt;
# All utility adjustments completed prior to the pre-con, and&lt;br /&gt;
# All utility adjustments not completed prior to the pre-con.&lt;br /&gt;
&lt;br /&gt;
====643.2.17.1.1 No Utility Adjustments Anticipated within the Project Limits====&lt;br /&gt;
For projects without a Utility Job Special Provision (JSP), no involvement of the utility owners is required at the pre-con. For projects with a Utility JSP, the Resident Engineer (RE) should invite all utility owner representatives listed in the JSP with known required adjustment to the pre-con. The RE should review potential impacts of the highway construction project with the contractor and the utility owner.&lt;br /&gt;
&lt;br /&gt;
====643.2.17.1.2 All Utility Adjustments Completed Prior to the Pre-Con====&lt;br /&gt;
The RE should invite all utility owner representatives listed in the JSP with known required adjustment to the pre-con. The RE should review potential impacts of the highway construction project with the contractor and the utility owner. A general discussion should highlight the previous adjustments made by the utility owner and what abandoned utility facilities the contractor may encounter.&lt;br /&gt;
&lt;br /&gt;
====643.2.17.1.3 All Utility Adjustments Not Completed Prior to the Pre-Con====&lt;br /&gt;
It is important for the RE and inspector to understand the utility owner’s work schedule and how it relates to the contractor’s work schedule. During the pre-con, the schedule of the utility owner and highway construction contractor should be discussed, and conflicts should be addressed to allow utility adjustments and highway construction to progress as near to the proposed schedule as possible. On large-scale projects that have many utility issues to address that could impact the work of the highway construction contractor, it may be necessary to have a separate pre-con with utility owner representatives.&lt;br /&gt;
&lt;br /&gt;
===643.2.17.2 Coordination Meetings===&lt;br /&gt;
When the utility work will not be completed soon after the preconstruction meeting, the RE should meet with district utilities staff, the highway construction contractor, and the utility owner representatives on a regular basis to discuss utility coordination issues, so expectations from all parties are known and conveyed clearly. The utility owner may need some work performed by MoDOT or the highway construction contractor prior to completing their adjustments. (Examples include: survey staking of right of way or proposed facilities, trees cleared, grading performed, or new structures built).&lt;br /&gt;
&lt;br /&gt;
==643.2.18 Service Drops==&lt;br /&gt;
Power and communication services provided by utility owners are necessary for the operation of the highway system. These services may include power to traffic signals, lighting, or ITS devices; power for cathodic protection; or telecommunication services to signal controllers or ITS devices. The project design teams should work with district utilities staff to identify proper locations for the applicable utility owners to provide these services. Various utility owners have different requirements for this process. The district utilities staff is encouraged to develop a workable relationship with the utility owners who provide these services to MoDOT. The costs of installing the services charged by the utility owner are considered a non-contractual item and should be accounted for in the project’s budget in the STIP. The proposed location and method for the service drops should be shown on the roadway plans. District utilities staff should meet with the utility owner’s representative to ensure the proposed location can be accommodated by the utility owner. For electrical service connections, the power supply assembly is ideally located a maximum of ten feet (10’) from the source location. Plans submitted for PS&amp;amp;E should reflect the agreed upon location for all service connections. During construction, district utilities staff and district construction staff should work together to ensure the placement of the services is consistent with the project plans. Payment for the service drops should be invoiced by the utility owner to the district. District utilities staff is responsible for submission of the invoice directly to Financial Services for payment noting the non-contractual charges for the project.&lt;br /&gt;
&lt;br /&gt;
==643.2.19 Buy America Build America for Utilities==&lt;br /&gt;
FHWA’s Buy America Build America (BABA) policies require a domestic manufacturing process for all steel or iron products, other construction materials, and manufactured products that are permanently incorporated into Federal-Aid Highway construction projects, including products and materials used for adjustments to utility facilities to allow highway construction. These guidelines are for all federally reimbursable transportation projects where FHWA is the lead federal agency; it does not take precedence over projects where Federal Transit Administration or the Federal Railroad Administration is deemed the be the lead federal agency.&lt;br /&gt;
&lt;br /&gt;
===643.2.19.1 Program Requirements for Utilities===&lt;br /&gt;
All MoDOT projects are federal-aid projects, and therefore, all reimbursable utility adjustments are required to follow the provisions of BABA. More information on MoDOT’s BABA policy and procedures can be found in [[106.9_Buy_America_Requirement|EPG 106.9 Buy America Requirement]]. Specifically, utility owners should be aware of the following procedures for determining applicability of the EPG 106.9 requirements to reimbursable utility adjustments necessary to allow highway construction:&lt;br /&gt;
* BABA does not apply when materials are relocated from one location to another within the project limits.&lt;br /&gt;
* BABA does not apply for materials necessary for temporary utility adjustments assuming materials are removed from the right of way upon completion of the utility adjustment to allow highway construction.&lt;br /&gt;
* Non-reimbursable work must be kept separate from reimbursable work (agreements, permits, etc.) in order to not be subject to BABA.&lt;br /&gt;
&lt;br /&gt;
===643.2.19.2 Certification Requirements for Utilities===&lt;br /&gt;
Utility owners have the option of choosing either to self-certify BABA compliance or provide vendor/manufacturer certification to MoDOT. The method of certification is chosen by the utility owner and is documented in either the MRUA or the project specific agreement. Regardless of agreement type or certification method, the utility owner must be compliant with BABA requirements.&lt;br /&gt;
&lt;br /&gt;
====643.2.19.2.1 BABA Utility Owner Self-Certification====&lt;br /&gt;
If a utility owner chooses to self-certify BABA compliance, the utility owner is not required to provide MoDOT copies of the supplier certification as part of the project documentation or with the final invoice for any reimbursable utility adjustment necessary to allow highway construction. Retention of all documents should be as described in the agreement.&lt;br /&gt;
&lt;br /&gt;
====643.2.19.2.2 BABA Vendor/Manufacturer Certification====&lt;br /&gt;
If a utility owner chooses to use vendor/manufacturer certification, the utility owner will supply MoDOT BABA compliance from all vendors and/or manufacturers. Certification from vendors will be signed by an authorized representative of the vendor on company letterhead or other acceptable documentation and will declare that all supplied materials subject to BABA requirements are fully compliant. Certification from iron or steel manufacturers must be in the form of a mill test report (MTF) issued and signed by the initial fabricator stating the materials subject to BABA were melted and manufactured in the United States. Other written statements on company letter or other acceptable documentation signed by an authorized representative of the manufacturer for any additional treatment to the fabricated material (such as blasting, galvanizing, painting, or coating) will state that all treatment processes occurred in the United States according to FWA guidelines. Retention of all documents should be as described in the agreement. Manufacturer certification for manufactured products or construction materials will state that all materials were sourced from the United States and were fabricated in the United States. Retention of all documents should be as described in the agreement.&lt;br /&gt;
&lt;br /&gt;
&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643.3 Reserved for Future Use &#039;&#039;PAGE TITLE&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;&lt;br /&gt;
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&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643.4 Railroads (NO CHANGE) &#039;&#039;PAGE TITLE&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;&lt;br /&gt;
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==236.5.12 Excess Land Conveyances &amp;amp; Relinquishments - Utilities==&lt;br /&gt;
All conveyances and relinquishments of Commission-owned property shall be evaluated for the existence of any utility facilities located within the areas to be conveyed or relinquished. A conveyance or relinquishment of Commission-owned property may have implications to the utility facilities, and the utility owners, when the Commission no longer controls the property. It is important to maintain the continuity of utility facilities for the general public; therefore, to identify and minimize potential impacts, MoDOT shall involve utility owners in the conveyance and relinquishment processes.&lt;br /&gt;
&lt;br /&gt;
===236.5.12.1 Excess Land Conveyances Utilities===&lt;br /&gt;
MoDOT shall only recommend that a property be declared excess upon satisfactorily addressing the utility impacts. Whether MoDOT or an external party initiates the conveyance of excess property, utility impacts shall be adequately addressed by using one of the following methods: &lt;br /&gt;
:1. Each utility facility will be relocated by permit into a new utility corridor retained by the Commission.&lt;br /&gt;
:2. Each utility facility will remain in place with the benefit of a non-exclusive permanent utility easement.&lt;br /&gt;
::&#039;&#039;If the Commission holds fee simple title to the property, the Commission shall convey a non-exclusive permanent utility easement to each utility owner&#039;&#039;.&lt;br /&gt;
::&#039;&#039;If the Commission holds a less than fee simple title interest in the property, MoDOT shall facilitate the conveyance of a non-exclusive permanent utility easement from the party acquiring the property to each utility owner&#039;&#039;.&lt;br /&gt;
:3. Each utility facility will be relocated to another portion of the property being conveyed.&lt;br /&gt;
::&#039;&#039;If the Commission holds fee simple title to the property, the Commission shall convey a non-exclusive permanent utility easement to each utility owner&#039;&#039;. &lt;br /&gt;
::&#039;&#039;If the Commission holds a less than fee simple title interest in the property, MoDOT shall facilitate the conveyance of a non-exclusive permanent utility easement from the party acquiring the property to each utility owner&#039;&#039;.&lt;br /&gt;
:4. Each utility facility will be relocated onto a portion of the property already owned by the party acquiring the Commission-owned property, with the benefit of a non-exclusive permanent easement. (MoDOT shall facilitate the conveyance of a non-exclusive permanent utility easement from the party acquiring the property to each utility owner.)&lt;br /&gt;
:5. A three-party negotiated settlement taking into consideration the overall value of the proposed transaction.&lt;br /&gt;
:6. Additional options to address utility impacts may be utilized with approval from the Asst. to the State Design Engineer - Right of Way.&lt;br /&gt;
&lt;br /&gt;
===236.5.12.2 Road Relinquishment Utilities===&lt;br /&gt;
MoDOT shall only recommend the relinquishment of roadways through the [[236.14 Change in Route Status Report|Change in Route Status Report]] upon satisfactorily addressing the impacts to utility facilities. If the roadway will be relinquished to a local public transportation authority, with the intent that it continues to be used as a public roadway, a clause similar to the following shall be included in the deed from the Commission to the local public transportation authority:&lt;br /&gt;
:&#039;&#039;&amp;quot;Grantee, by acceptance of this conveyance, covenants and agrees for itself, its successors and assigns, to allow known or unknown utility facilities currently located on the property, whether of record or not, to remain on the property, and to grant the current and subsequent owners of those facilities the right to maintain, construct and reconstruct the facilities and their appurtenances over, under, and across the land herein conveyed, along with the right of ingress and egress across the land herein conveyed to and from those utilities.&amp;quot;&#039;&#039; &lt;br /&gt;
&lt;br /&gt;
Proposed roadway relinquishments to private entities shall be reviewed in a manner consistent with the conveyance of excess property described in [[236.5 Property Management#236.5.3 Asset Management Committee|EPG 236.5.3 Asset Management Committee]].&lt;/div&gt;</summary>
		<author><name>Hoskir</name></author>
	</entry>
	<entry>
		<id>https://epg.modot.org/index.php?title=User:Hoskir/Revision_Request_4225&amp;diff=58863</id>
		<title>User:Hoskir/Revision Request 4225</title>
		<link rel="alternate" type="text/html" href="https://epg.modot.org/index.php?title=User:Hoskir/Revision_Request_4225&amp;diff=58863"/>
		<updated>2026-06-18T20:18:14Z</updated>

		<summary type="html">&lt;p&gt;Hoskir: /* 643.2.9.3.2 Engineering Costs */&lt;/p&gt;
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| ● [https://www.ecfr.gov/current/title-23/chapter-I/subchapter-G/part-64523 CFR 645]&lt;br /&gt;
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| ● [https://www.sos.mo.gov/cmsimages/adrules/csr/current/7csr/7c10-3.pdf7 CSR 10-30]&lt;br /&gt;
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&#039;&#039;&#039;Utility Accommodation Policy:&#039;&#039;&#039; State DOTs are required to develop policies and procedures pertaining to the use, accommodation, and/or relocation of public and private utility facilities on highway rights-of way using Federal-aid highway funds. State DOTs are required to develop, maintain, and obtain FHWA approval of their Utility Accommodation Policy (UAP) (23 CFR section 645.215). This EPG article 643 and subarticles 643.1 through 643.3 are Missouri Department of Transportation (MoDOT)’s Utility Accommodation Policy. Text in EPG 643 consolidates various federal and state statutes and rules into a single, cohesive, workable policy to outline processes for MoDOT staff and utility owners.&lt;br /&gt;
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&#039;&#039;&#039;Delegation of Work:&#039;&#039;&#039; Each MoDOT district is responsible for ensuring implementation of the UAP outlined in the subsequent EPG articles. Each district can create its own organization for whom is responsible for the work including between divisions and job titles. Work responsibilities within this article and subarticles are generic where possible. If a specific title is included, that title has sole responsibility for that item of work.&lt;br /&gt;
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&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643.1 Utility Location  &#039;&#039;PAGE TITLE&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt; &lt;br /&gt;
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The information in this article provides a uniform system for regulating the location, construction, maintenance, removal, and relocation of utility facilities on the right of way of roadways located on the state highway system. It also provides for the facilitation of construction and maintenance of these roadways. Any location or relocation of utility facilities contrary to this information is an interference with the construction, maintenance, or operation of a state highway and its right of way and is prohibited.&lt;br /&gt;
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==643.1.1 Permits==&lt;br /&gt;
All utility owners are required to obtain a permit to work on Missouri Highway and Transportation Commission (Commission) right of way. A permit is required for original installation of the utility facility, on-going maintenance of the utility facility, or adjustments to a utility facility necessary to allow highway construction. Per [[127.29_Stormwater#127.29.4.3_MCM_3:_Illicit_Discharge_Detection_and_Elimination_(IDDE)_Program|EPG 127.29.4.3]], discharges of anything other than stormwater are not permitted. A deposit or bond is required to ensure completion of the work in accordance with the permit issued. An [https://www.modot.org/permits application for a permit] may be made on established forms specifically stating the nature of the work to be performed. Applications for permits may be obtained at any of the [https://www.modot.mo.gov/ seven (7) district highway offices] of the Commission, [https://www.modot.mo.gov/ MoDOT&#039;s website], or by requesting it from the office of the Missouri Highways and Transportation Commission in Jefferson City, Missouri. The application for a permit will specifically state the nature of the work to be performed, what specific type of utility facility is to be installed, and, if necessary, the timeframe of any temporary use. Piping of any type of sewage or waste will only be allowed providing any permitting by a regulatory agency, such as Missouri Department of Natural Resources, can be provided. Prior to obtaining a permit through MoDOT’s permit system, a utility owner will be required to provide a bond to ensure satisfactory work and complete a TR50 Electronic Signature Agreement with the Commission. The name of the utility owner must match on the bond, TR50, and in the permit system. More information on permitting can be found in [[:Category:941_Permits_and_Access_Requests|EPG 941]].&lt;br /&gt;
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===643.1.1.1 Emergency Work===&lt;br /&gt;
When emergency operations work is necessary, the damaged utility facility may be accessed immediately and without a permit by leaving the pavement at such points as may be necessary to effect emergency repairs, provided immediate notice is given to the Missouri State Highway Patrol and the district utilities staff for the district wherein the work will be performed, and a permit for emergency operations is requested immediately upon discovery of the need for emergency operations. A permit for emergency operations work is to be obtained as soon as practical, but in no event later than two (2) working days after the emergency operations work has commenced. Emergency operations include, but are not limited to, unplanned work in response to utility facilities being so damaged as to constitute an emergency situation directly affecting or endangering traffic on the highway or public health or safety.&lt;br /&gt;
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===643.1.1.2 Third-Party Inspection===&lt;br /&gt;
When a utility owner has a large number of projects in a given area or projects involving great complexity, MoDOT reserves the right to limit the number of permits open at any given time. With approval of the district utilities staff, a utility owner may hire a third-party inspector, at their cost. The third-party inspector will allow the utility owner to increase the number of permits open at any given time. The responsibility of the third-party inspector will be to ensure the installation of the utility facility proceeds in a manner consistent with the plans approved in the permit, including all work zone requirements and conformity with MoDOT’s Standards and Specifications. The MoDOT approved third-party inspector will be listed in the permit. MoDOT may audit third-party inspections and revoke the right to use third-party inspections should the inspectors fail to perform their duties.&lt;br /&gt;
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===643.1.1.3 Abandoned Utility Facilities===&lt;br /&gt;
All utility facilities installed in Commission right of way are the property of the utility owner whether the utility facility is active or inactive. MoDOT may allow a utility facility to remain on Commission right of way whether the utility facility was abandoned for a MoDOT project or at the utility owner’s discretion. MoDOT may place requirements (such as removing inactive fiber optic cables, grouting pipes, removing valves) on the utility owner as part of the process of abandoning a utility facility. Liability for damage to Commission right of way due to an abandoned facility remains the responsibility of the utility owner. In the event MoDOT requires the removal of the abandoned utility facility, responsibility for the cost of the removal will be determined per [[643.2_Local_Utility_Adjustments_-_Public_and_Private#643.2.8_Preliminary_Engineering_(PE)_Requirements|EPG 643.2.8]].&lt;br /&gt;
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==643.1.2 Definitions==&lt;br /&gt;
&#039;&#039;&#039;Bridge Attachment:&#039;&#039;&#039; A bridge attachment is any utility facility, including communication lines and electrical lines, or any other utility facility of a similar nature that is fastened to a bridge for the purpose of spanning an obstacle.&lt;br /&gt;
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&#039;&#039;&#039;Clear zone:&#039;&#039;&#039; The total roadside border area starting at the edge of the traveled way, available for safe use by errant vehicles. This area may consist of a shoulder, a recoverable slope, a non-recoverable slope, and/or the area at the toe of a non-recoverable slope available for safe use by an errant vehicle. Clear zone dimensions are provided in the current edition of American Association of State Highway Transportation Officials Roadside Design Guide.&lt;br /&gt;
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&#039;&#039;&#039;Ditch Line:&#039;&#039;&#039; A line where the roadway ditch meets the back slope. It is located at the lowest point of a V-bottom ditch or furthest point from the roadway of a flat bottom ditch where the roadway slopes back to the existing ground line.&lt;br /&gt;
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&#039;&#039;&#039;Duct:&#039;&#039;&#039; An enclosed tubular casing, or raceway, for protecting wires, lines, or cables that is often flexible or semi-rigid (1-3% diametric deflection). The casing, or raceway, is separate from the cable or conductor that passes through it.&lt;br /&gt;
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&#039;&#039;&#039;Encasement:&#039;&#039;&#039; The term encasement means the placing of an installation around and outside of an underground facility consisting of a larger conduit that permits the removal and replacement of the facility. An alternate to the conduit type encasement is reinforced concrete poured around the utility facility. Utility owners are allowed to use any types of material as a carrier and encasement for its facilities as expressly provided for in the permit issued for the installation of the utility facility.&lt;br /&gt;
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&#039;&#039;&#039;Freeway:&#039;&#039;&#039; A divided arterial highway with full control of access.&lt;br /&gt;
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&#039;&#039;&#039;Highway:&#039;&#039;&#039; Any public way for vehicular travel, including the entire area within the right of way and related facilities constructed or improved and maintained by the Missouri Highways and Transportation Commission (MHTC) acting through the Missouri Department of Transportation (MoDOT).&lt;br /&gt;
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&#039;&#039;&#039;Interchange Limits:&#039;&#039;&#039; For the uniform handling of utility installations only, the limits of an interchange are the outside ramp curve points. See [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_1_TypicalInterchangeLimits_AOD.pdf EPG Figure 643.1.1] for an example.&lt;br /&gt;
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&#039;&#039;&#039;Interstate System or Other Freeways/Expressways:&#039;&#039;&#039; Interstate highways and highways with fully controlled access.&lt;br /&gt;
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&#039;&#039;&#039;Major Routes (Interstates, Freeways/Expressways and Principal Arterials):&#039;&#039;&#039; The major highway system is all routes functionally classified as principal arterials. The principal arterial system provides for statewide or interstate movement of traffic. The major roads in Missouri total approximately 5,500 centerline miles.&lt;br /&gt;
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&#039;&#039;&#039;Minor Routes:&#039;&#039;&#039; The minor highway system is all routes functionally classified as minor arterials or collectors. These routes mainly serve local transportation needs. The minor roads in Missouri total approximately 28,400 centerline miles.&lt;br /&gt;
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&#039;&#039;&#039;Normal Right of Way Line:&#039;&#039;&#039; An imaginary line that connects sudden breaks in the major right of way points for roadways. Sight distance right of way points (triangles) at roadway intersections are not to be considered as sudden breaks for determining normal right of way.&lt;br /&gt;
[[File:fig_643.1.2-06_2026.jpg|none|700px|thumb|Figure 643.1.2 Normal Right of Way Line.]]&lt;br /&gt;
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&#039;&#039;&#039;Private Lines:&#039;&#039;&#039; Privately owned utility facilities which convey or transmit the commodities outlined in the definition of utility facility of this section but devoted exclusively to private use.&lt;br /&gt;
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&#039;&#039;&#039;Scenic Enhancement Areas:&#039;&#039;&#039; Scenic enhancement areas include areas acquired or so designated as scenic strips, overlooks, rest areas, recreation areas, and the right of way of adjacent roadways and the right of way of roadways that pass through public parks and historic sites as described under 23 USC 138.&lt;br /&gt;
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&#039;&#039;&#039;Utility Corridor:&#039;&#039;&#039; An area established for the placement of utility facilities parallel to the normal right of way line.&lt;br /&gt;
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&#039;&#039;&#039;Utility Facility:&#039;&#039;&#039; Privately, publicly, or cooperatively owned line, facility, or system for producing, transmitting, or distributing communications, cable television, power, electricity, light, heat, gas, oil, crude products, water, steam, waste, storm water not connected with highway drainage or any other similar commodity, including any fire or police signal system or street lighting system which directly or indirectly serves the public and does not include privately owned facilities devoted exclusively to private use. The term &amp;quot;utility facility&amp;quot; includes those facilities used solely by the utility owner that are a part of its operating plant.&lt;br /&gt;
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&#039;&#039;&#039;Utility Owner:&#039;&#039;&#039; The utility owner is the utility company, inclusive of any wholly owned or controlled subsidiary, or city or county which owns utility facilities. The term also includes those government agencies that lease a utility facility for its own use or otherwise dedicated solely to governmental use.&lt;br /&gt;
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&#039;&#039;&#039;Variance:&#039;&#039;&#039; A one- (1-) time deviation from the requirements for location or relocation of utility facilities on the right of way of highways in the state highway system as established in [https://www.sos.mo.gov/cmsimages/adrules/csr/current/7csr/7c10-3.pdf Title 7 Code of State Regulations 10-3], requested by the utility, and approved by a MoDOT District Design Engineer.&lt;br /&gt;
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==643.1.3 Location of Utility Facilities==&lt;br /&gt;
Utility facilities paralleling the roadway should be installed in the utility corridor except as outlined below. The utility corridor is the space for all utility owners generally within six feet (6’) of the normal right of way line. When considering if the current utility corridor is available to expand from six feet (6’) to as much as twelve feet (12’), MoDOT determines if the expansion is warranted. In making the determination, MoDOT will consider the existing utilization of the original six feet (6’) corridor. Poles must remain within two feet (2’) of the normal right of way line unless approved by a variance. The utility corridor will only be expanded beyond six feet (6’) if the original six feet (6’) corridor is fully utilized and additional space would be required to accommodate additional utility facilities. Acquisition of additional right of way to establish a twelve feet (12’) corridor is not required on highway construction projects. For depths for underground utility facilities, see [[#643.1.4.1_Minimum_Cover_for_Underground_Facilities|EPG 643.1.4.1]].&lt;br /&gt;
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Utility facilities crossing the roadway should be installed as close to ninety degrees (90°) to the centerline of the roadway as possible and based on the guidelines below depending on the type of roadway. See [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_3_TypicalUtilityCorridor-InterchangeatMajorRoute_AOD.pdf EPG Figure 643.1.3] and [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_4_TypicalUtilityCorridor-InterchangeatMinorRoute_AOD.pdf EPG Figure 643.1.4] for typical utility corridors around interchanges.&lt;br /&gt;
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===643.1.3.1 Interstate System or Other Major Freeways/Expressways===&lt;br /&gt;
The installation of all utility facilities on highways of the Interstate System or other major freeways/expressways with fully controlled access are to be installed, serviced, and maintained without entering or leaving the roadway and ramps except at points approved by MoDOT for that purpose and without parking any equipment or storing materials upon the medians, roadway and ramps, or shoulders of the roadways. Cutting or damaging the pavement or paved shoulders is not permitted. New service connections to existing parallel utility facilities are to be permitted only where an outer roadway exists and then only where access is permitted by the Commission. Careful consideration will be given to the location of guys, anchors, braces, and other supports. Generally, good design practice will provide that appurtenances be located at right of way jogs, along intersecting road right of way, or at other similar acceptable locations, so that encroachment is held to an absolute minimum.&lt;br /&gt;
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No utility facilities will be permitted within the interchange limits of an interchange between fully limited access highways where planned or existing. Utility facilities within the interchange limits of an interchange with a non-access controlled highway will be permitted only along the minor road, provided that all construction, service, and maintenance can be performed from the minor road. Manholes and poles must be located beyond the ramp termini.&lt;br /&gt;
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For structures carrying or over interstates or other major freeways/expressways, see [[#643.1.5_Bridge_Attachment_Policy|EPG 643.1.5]].&lt;br /&gt;
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====643.1.3.1.1 Utility Facilities Crossing the Interstate or Other Major Freeways/Expressways====&lt;br /&gt;
=====643.1.3.1.1.1 Overhead Crossings of the Interstate or Other Major Freeways/Expressways=====&lt;br /&gt;
Overhead crossings of utility facilities are permitted only for power transmission and distribution lines and for multiple circuit communication lines where an underground installation is not economically feasible. Supports for existing utility facilities crossing overhead may remain on the right of way provided they are near the right of way line regardless of the presence of an outer road. Supports for new overhead utility facilities crossing overhead may be located on the right of way near the right of way line where an outer roadway exists and are to be located off the right of way where no outer roadway exists. Overhead service crossings are only permitted in isolated cases for residential or commercial establishments when the denial of the crossing would require construction of more than 1,200 feet (1,200’) of utility line to provide the service. Main or distribution line crossings are required to serve a general area other than isolated cases.&lt;br /&gt;
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=====643.1.3.1.1.2 Underground Crossings of the Interstate or Other Major Freeways/Expressways=====&lt;br /&gt;
Underground crossings of utility facilities are to be continuously encased under the pavement, medians, ramps, and shoulders with the casing extending to the toe of the fill slopes or to the ditch line. In curbed sections, encasement should extend outside the outer curb of the roadways a distance equal to the depth of the encasement at the curb line. Where installed by open trench through unpaved areas, detector tape should be placed approximately one foot (1&#039;) above the encasement. Where an interstate or other major freeway has a parallel outer roadway, encasement should be continuous under all roadways within the right of way.&lt;br /&gt;
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Manholes or vent pipes are to be located at the right of way line or adjacent to the outer roadway.&lt;br /&gt;
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For fiber optic cable, encasement should extend from within six feet (6&#039;) of one right of way line to within six feet (6&#039;) of the other right of way line.&lt;br /&gt;
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Exceptions may be made for encasement as listed in [[#643.1.4.2_Exceptions_to_Encasement|EPG 643.1.4.2]].&lt;br /&gt;
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=====643.1.3.1.1.3 Parallel Installations along the Interstate or Other Major Freeways/Expressways=====&lt;br /&gt;
New parallel installations on the right of way may be permitted only where an outer roadway exists, provided that poles are within two feet (2&#039;) of the normal right of way line and underground utility facilities are within the utility corridor, and provided that the utility facility can be installed and maintained between the outer roadway and the right of way line. Existing overhead or underground utility facilities that parallel an existing roadway which will be incorporated into a completed highway as an outer roadway may remain in place if all maintenance and service can be performed from an outer roadway and the existing location does not interfere with construction, maintenance, or operation of the completed highway. If an existing parallel utility facility needs to be relocated so as to not interfere with the construction, maintenance, or operation of the completed interstate or other major freeway, poles may be located withing five feet (5’) of the right of way line.&lt;br /&gt;
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Underground utility facilities are expected to be buried within the utility corridor of sight distance triangles (SDTs) at roadway intersections unless granted a variance. Overhead utility facilities may be allowed to span intersecting roadways with SDTs provided the poles, or supports, are located outside the SDT.&lt;br /&gt;
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=====643.1.3.1.1.4 Sanitary Sewers within the Right of Way of Interstates or Other Major Freeways/Expressways=====&lt;br /&gt;
New installations of sanitary sewers should follow the applicable guidelines for either underground crossings or parallel installations as appropriate. Existing gravity trunk sanitary sewers should be considered individually and removed or left in place contingent upon its age, condition, feasibility of moving, and maintenance access. Encasement of existing trunk sewers left in place may be required for questionable condition, protection during construction, or heavy fills.&lt;br /&gt;
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Manholes should be relocated to the right of way lines or adjacent to an outer roadway.&lt;br /&gt;
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===643.1.3.2 Major Routes===&lt;br /&gt;
For structures carrying or over major routes, see [[#643.1.5_Bridge_Attachment_Policy|EPG 643.1.5]].&lt;br /&gt;
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====643.1.3.2.1 Major Routes with Partially Controlled Access Right of Way====&lt;br /&gt;
The installation of all utility facilities on highways with partially controlled access right of way are to be installed, serviced, and maintained without entering or leaving the roadway and ramps except at points approved by MoDOT for that purpose and without parking any equipment or storing materials upon the medians, roadway and ramps, or shoulders of the roadways. Cutting or damaging the pavement or paved shoulders is not permitted. Equipment or materials stored within the right of way must be protected by longitudinal barrier or be located outside the clear zone. New service connections to existing parallel utility facilities are to be permitted only where granted by the Commission.&lt;br /&gt;
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No utility facilities will be permitted within the interchange limits of an interchange between fully limited access highways where planned or existing. Utility facilities within the interchange limits of an interchange with a non-access controlled highway will be permitted only along the minor road, provided that all construction, service, and maintenance can be performed from the minor road. Manholes and poles must be located beyond the ramp termini.&lt;br /&gt;
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====643.1.3.2.2 Major Routes with Normal Access Right of Way====&lt;br /&gt;
All new utility facilities will be installed and maintained without cutting or damaging the pavement or paved shoulders except in the event underlying rock formations or other obstructions are encountered that prevent boring or pushing operations. A variance may be granted for pavement cuts when the need is established. Pavement cuts may only be made by permits issued when it is impractical to otherwise service and maintain the facility. The installation of all utility facilities is to be installed without parking any equipment or storing materials upon the medians, roadway and ramps, or shoulders of the roadways. Equipment or materials stored within the right of way must be protected by longitudinal barrier or be located outside the clear zone.&lt;br /&gt;
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====643.1.3.2.3 Utility Facilities Crossing Major Routes====&lt;br /&gt;
=====643.1.3.2.3.1 Overhead Crossings of Major Routes=====&lt;br /&gt;
Supports for utility facilities crossing overhead should be located as near the right of way line as possible. For major routes with controlled access right of way, new overhead service crossings may be permitted in isolated cases for residential or commercial establishments where the denial of such crossings would require the construction of more than 1,200 feet (1,200’) of utility line to provide the same service. For major routes with normal access right of way, there is no restriction on the placement of service crossings.&lt;br /&gt;
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=====643.1.3.2.3.2 Underground Crossings of Major Routes=====&lt;br /&gt;
Underground crossings of utility facilities are to be continuously encased under the pavement, medians, ramps, and shoulders with the casing extending to the toe of the fill slopes or to the ditch line. In curbed sections, encasement should extend outside the outer curb of the roadways a distance equal to the depth of the encasement at the curb line. Where installed by open trench through unpaved areas, detector tape should be placed approximately one foot (1&#039;) above the encasement. Where a major route has a parallel outer roadway, encasement should be continuous under all roadways within the right of way.&lt;br /&gt;
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Manholes or vent pipes are to be located at the right of way line or adjacent to the outer roadway.&lt;br /&gt;
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For fiber optic cable, encasement should extend from within six feet (6&#039;) of one right of way line to within six feet (6&#039;) of the other right of way line.&lt;br /&gt;
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Exceptions may be made for encasement as listed in [[#643.1.4.2_Exceptions_to_Encasement|EPG 643.1.4.2]].&lt;br /&gt;
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====643.1.3.2.4 Parallel Installations along Major Routes====&lt;br /&gt;
New parallel installations on the right of way may be permitted provided that poles are within two feet (2&#039;) of the normal right of way line and underground utility facilities are within the utility corridor. Existing overhead or underground utility facilities that parallel an existing roadway which will be incorporated into a completed highway may remain in place if all maintenance and service can be performed without entering or leaving the roadway except at approved access points; without parking equipment or storing materials on the median, pavement, ramps, or shoulders; and the existing location does not interfere with construction, maintenance, or operation of the completed highway. If an existing parallel utility facility needs to be relocated so as to not interfere with the construction, maintenance, or operation of the completed highway, poles may be located withing five feet (5’) of the right of way line.&lt;br /&gt;
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Existing steel pipe transmission and distribution facilities for gaseous petroleum products that parallel an existing roadway that will be incorporated into the completed roadway may be left in place subject to an agreement by the utility owner that maintenance or service and facility expansion will be performed without cutting or damaging the pavement or interfering with the construction, maintenance, and operation of the highway and provided that the facility is cathodically protected against corrosion and meets the applicable material requirements.&lt;br /&gt;
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Underground utility facilities are expected to be buried within the utility corridor of sight distance triangles (SDTs) at roadway intersections unless granted a variance. Overhead utility facilities may be allowed to span intersecting roadways with SDTs provided the poles, or supports, are located outside the SDT.&lt;br /&gt;
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====643.1.3.2.5 Sanitary Sewers within the Right of Way of Major Routes====&lt;br /&gt;
New installations of sanitary sewers should follow the applicable guidelines for either underground crossings or parallel installations as appropriate. An existing gravity trunk sanitary sewer should be considered individually and removed or left in place contingent upon its age, condition, feasibility of moving, and maintenance access. If an existing parallel gravity main is left in place within the limits of the paved surface, paved shoulder lines, or curb lines, stub mains as required will be laid between the sewer main and curb or shoulder lines for future service connections in each block. Manholes should be relocated outside the traveled roadway as near the right of way line as practical.&lt;br /&gt;
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===643.1.3.3 Minor Routes===&lt;br /&gt;
For structures carrying or over minor routes, see [[#643.1.5_Bridge_Attachment_Policy|EPG 643.1.5]].&lt;br /&gt;
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====643.1.3.3.1 Utility Facilities Crossing Minor Routes====&lt;br /&gt;
=====643.1.3.3.1.1 Overhead Crossings of Minor Routes=====&lt;br /&gt;
Existing overhead crossings that interfere with construction, maintenance, or operation should be relocated with their supports as near the right of way line as is practical. New overhead crossing installations should be located with their supports as near the right of way line as is practical.&lt;br /&gt;
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=====643.1.3.3.1.2 Underground Crossings of Minor Routes=====&lt;br /&gt;
All new utility facilities should be installed and maintained without cutting or damaging the pavement or paved shoulders. A variance may be granted for pavement cuts when servicing and maintaining the facility by any other methods is impractical. Pavement cuts may only be made by permits issued. Underground crossings of utility facilities are to be continuously encased under the pavement, medians, ramps, and shoulders with the casing extending to the toe of the fill slopes or to the ditch line. In curbed sections, encasement should extend outside the outer curb of the roadways a distance equal to the depth of the encasement at the curb line. Where installed by open trench through unpaved areas, detector tape should be placed approximately one foot (1&#039;) above the encasement.&lt;br /&gt;
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Manholes or vent pipes are to be located at the right of way line or adjacent to the outer roadway.&lt;br /&gt;
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For fiber optic cable, encasement should extend from within six feet (6&#039;) of one right of way line to within six feet (6&#039;) of the other right of way line.&lt;br /&gt;
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Exceptions may be made for encasement as listed in [[#643.1.4.2_Exceptions_to_Encasement|EPG 643.1.4.2]].&lt;br /&gt;
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====643.1.3.3.2 Parallel Installations along Minor Routes====&lt;br /&gt;
New parallel installations on the right of way may be permitted provided that poles are within two feet (2&#039;) of the normal right of way line and underground utility facilities are within the utility corridor. Existing overhead or underground utility facilities that parallel an existing roadway which will be incorporated into a completed highway may remain in place if all maintenance and service can be performed without entering or leaving the roadway except at approved access points; without parking equipment or storing materials on the median, pavement, ramps, or shoulders; and the existing location does not interfere with construction, maintenance, or operation of the completed highway. If an existing parallel utility facility needs to be relocated so as to not interfere with the construction, maintenance, or operation of the completed highway, poles may be located within five feet (5’) of the right of way line.&lt;br /&gt;
&lt;br /&gt;
Underground utility facilities are expected to be buried within the utility corridor of sight distance triangles (SDTs) at roadway intersections unless granted a variance. Overhead utility facilities may be allowed to span intersecting roadways with SDTs provided the poles, or supports, are located outside the SDT.&lt;br /&gt;
&lt;br /&gt;
====643.1.3.3.3 Sanitary Sewers within the Right of Way of Minor Routes====&lt;br /&gt;
New installations of sanitary sewers should follow the applicable guidelines for either underground crossings or parallel installations as appropriate. An existing gravity trunk sanitary sewer should be considered individually and removed or left in place contingent upon its age, condition, feasibility of moving, and maintenance access. If an existing parallel gravity main is left in place within the limits of the paved surface, paved shoulder lines, or curb lines, stub mains as required will be laid between the sewer main and curb or shoulder lines for future service connections in each block. Manholes should be relocated outside the traveled roadway.&lt;br /&gt;
&lt;br /&gt;
===643.1.3.4 Roundabouts===&lt;br /&gt;
Regardless of roadway type, it is desirable to avoid locating utility facilities and their access points within the circulatory roadway. If possible, utility facilities are located in the legs of the roundabout to allow for future maintenance and access at an isolated leg versus affecting the entire roundabout. See [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_5_TypicalLocationofUtilityFacilitiesnearRoundabouts_AOD.pdf EPG Figure 643.1.5] for an example.&lt;br /&gt;
&lt;br /&gt;
===643.1.3.5 Utility Facilities in Scenic Enhancement Areas===&lt;br /&gt;
All existing utility facilities within the limits of a scenic enhancement area requiring adjustment because of construction or reconstruction will be placed underground or relocated beyond the limits of the scenic enhancement area. No new above ground facilities will be permitted. New underground facilities will be permitted provided they do not extensively alter or impair the appearance of the area.&lt;br /&gt;
&lt;br /&gt;
==643.1.4 Installation of Utility Facilities==&lt;br /&gt;
The following sections provide information on the physical installation of utility facilities within highway right of way.&lt;br /&gt;
&lt;br /&gt;
===643.1.4.1 Minimum Cover for Underground Facilities===&lt;br /&gt;
The minimum cover for new underground utilities is:&lt;br /&gt;
* Forty-two inches (42”) for all water lines (parallel and crossings).&lt;br /&gt;
* Forty-two inches (42”) for fiber optic cable (crossings encased in rigid conduit).&lt;br /&gt;
* Seventy-two inches (72”) for fiber optic cable (crossings encased in polyethylene (PE) pipe).&lt;br /&gt;
* Thirty inches (30”) for direct burial and in trench fiber optic cable (parallel).&lt;br /&gt;
* Twenty-four inches (24”) for all other direct burial copper or coaxial cable, (parallel).&lt;br /&gt;
* Seventy-two inches (72”) for uncased polyethylene (PE) gas pipe crossings under ditches and roadways but thirty inches (30”) elsewhere.&lt;br /&gt;
* Thirty inches (30”) for all other (such as, but not limited to, gravity sewers, forced sewers, and electric) underground utilities (both parallel and crossing).&lt;br /&gt;
&lt;br /&gt;
===643.1.4.2 Exceptions to Encasement===&lt;br /&gt;
Exceptions may be made for encasement as follows:&lt;br /&gt;
* Non-fiber communication or electric cables installed in ducts.&lt;br /&gt;
* Welded steel pipelines carrying gaseous or liquid petroleum products - provided they are cathodically protected against corrosion, triple-coated in accordance with accepted pipeline construction standards, and meet applicable material requirements.&lt;br /&gt;
* Natural gas distribution pipe (nominal six-inch (6”) diameter maximum) of polyethylene (PE) plastic, traceable, installed by a horizontal bore method at a minimum depth of seventy-two inches (72”) under ditches and roadways, constructed in accordance with and meeting applicable material requirements.&lt;br /&gt;
* Gas service connections protected and constructed in accordance with and meeting applicable material requirements.&lt;br /&gt;
* Encasement is not required for new trunk sanitary sewer crossings of vitrified clay, reinforced concrete or cast iron except when installation procedures would produce voids in the roadbed, heavy fills, or installations under pressure.&lt;br /&gt;
&lt;br /&gt;
===643.1.4.3 Above Ground or Ground Level Appurtenances===&lt;br /&gt;
Appurtenances protruding more than four inches (4”) above the ground line should be located outside the clear zone. If no feasible alternative exists and if permitted by a variance, appurtenances may be allowed within the clear zone if they meet breakaway criteria or will be shielded by a traffic barrier. Good design practice will provide that appurtenances be located at right of way jogs, along intersecting road right of way, or at other similar acceptable locations, so that encroachment is held to an absolute minimum. Cables, wires, small diameter pipes, and other such utility appurtenances extending from the surface of the ground should be equipped with covers or guards to improve their visibility. Appurtenances within sidewalks or street level pedestrian access routes are to be in conformance with the Americans with Disabilities Act requirements.&lt;br /&gt;
&lt;br /&gt;
The maximum pull box width perpendicular to the right of way line within the utility corridor is thirty inches (30”).&lt;br /&gt;
&lt;br /&gt;
===643.1.4.4 Overhead Utility Facilities===&lt;br /&gt;
The vertical clearance of new or existing overhead installations will not be less than the current minimum requirements of the National Electric Safety Code, but in no case less than eighteen feet (18’) inclusive of sag above the groundline for electrical facilities. Clearance may be reduced for overhead installations of cable, telephone, or fiber optic facilities.&lt;br /&gt;
A minimum radial clearance of twenty-five feet (25’) is provided from any utility facility to the nearest part of any bridge structure. A minimum radial clearance of ten feet (10’) is provided from the nearest charged electrical line to a MoDOT signal, lighting, ITS, or overhead sign structure.&lt;br /&gt;
&lt;br /&gt;
===643.1.4.5 Approved Materials===&lt;br /&gt;
Utility owners are allowed to use any material for underground utility facilities including carrier and encasement provided they accept responsibility for any future repairs and/or replacement of damaged MoDOT facilities should a failure occur. This will allow the use of current technology and procedures to provide the best value to its subscribers and the taxpayers of Missouri. For materials that MoDOT also uses in its highway system, utility owners must provide materials that meet the current [https://www.modot.org/missouri-standard-specifications-highway-construction Missouri Standard Specifications for Highway Construction]. For materials not listed in the Missouri Standard Specifications for Highway Construction, the utility owner should provide documentation of the standards used to determine suitability of the material.&lt;br /&gt;
&lt;br /&gt;
===643.1.4.6 Cutting===&lt;br /&gt;
In the event permission is granted to cut an existing concrete or asphalt pavement or sidewalk, the appropriate provisions below should be followed.&lt;br /&gt;
&lt;br /&gt;
====643.1.4.6.1 Pavement====&lt;br /&gt;
All pavement cuts should be made with a saw to the full depth of the pavement. The width of the cut is typically determined by the width of the trench plus a minimum one foot (1’) on each side of the trench. In the event the distance to any adjacent longitudinal or transverse joint or crack is less than four feet (4’), the pavement must be removed to the joint or crack. Cuts for perpendicular service tie-ins should be a minimum of three feet (3’) wide. Longitudinal main installations are typically cut at a minimum of half the lane width, but in no instance should the cut be along the wheel path of the lane.&lt;br /&gt;
[[File:fig_643.1.6-06_2026.jpg|800px|none|thumb|Figure 643.1.6 Pavement Repair Dimension Requirements.]]&lt;br /&gt;
&lt;br /&gt;
The utility facilities should be placed in a location with the least impact to the roadway. Typically, this leads to placement in the shoulder when available followed by the two-way left turn lane (TWLTL), and then outside lanes before allowing placement in interior through lanes. Lane switching should be kept to a minimum and should not be used to minimize repair sizes. Cuts for mains or service leads that may not be perpendicular to the roadway should be squared-off.&lt;br /&gt;
&lt;br /&gt;
Replacement of cut pavement should be full depth concrete in accordance with the current version at the time of installation of Section 613.10 Full Depth Pavement Repairs of the Missouri Standard Specifications for Highway Construction and the Missouri Standard Plans for Highway Construction. If the area of the pavement repair is not to be fully resurfaced all joints including the overcut from the sawing operation should be filled with an expansive mortar, epoxy, polyester, or joint material as approved by the Engineer in accordance with Section 1057 of the Missouri Standard Specifications for Highway Construction.&lt;br /&gt;
&lt;br /&gt;
====643.1.4.6.2 Pedestrian Access Routes====&lt;br /&gt;
All cuts in the pedestrian access routes whether asphalt or concrete should be made by saw and be the full depth of the material. Entire slabs of concrete sidewalk should be removed. Repair of the pedestrian access route must meet Americans with Disability Act requirements, see [[:Category:642_Pedestrian_Facilities|EPG 642]]. Cuts through curb ramps or detectable warning areas are not permitted. Rather the entire curb ramp or detectable warning area must be removed and replaced. MoDOT district ADA contacts can help ensure ADA compliance of impacted pedestrian access routes.&lt;br /&gt;
&lt;br /&gt;
===643.1.4.7 Non-disturbance Areas===&lt;br /&gt;
MoDOT has certain areas of right of way where mowing, spraying, digging, or other vegetation disturbance activities are restricted. These areas have been established to mitigate the environmental impacts of a previous project and should be avoided. If the areas cannot be avoided, contact MoDOT’s Environmental Section.&lt;br /&gt;
&lt;br /&gt;
==643.1.5 Bridge Attachment Policy==&lt;br /&gt;
No utility facility will be permitted in or on a structure carrying an interstate or other freeway unless it is part of a federal requirement or for MoDOT’s use. When the structure carries any other road type and no other practical means exists for the crossing, wires (communication, electrical, fiber, or metal) will be permitted. Electrical lines must be located to cause minimum exposure to MoDOT maintenance personnel and the public. Pressurized pipelines for gas or other petroleum products and water and all sewer lines are prohibited on all structures due to the risks associated with their failure.&lt;br /&gt;
&lt;br /&gt;
===643.1.5.1 Agreement===&lt;br /&gt;
An agreement is required for all utility facilities attached to any structure. A charge will be made for the increased maintenance costs involved. This fee is set by the Bridge Division. When permitted, a 50-year occupational agreement is executed with the utility owner. Agreement BR04 Utility Attachment Agreement is used when an attachment is added to a bridge during its construction. Agreement BR09 Bridge Attachment Agreement is used when an attachment is added to an existing bridge.&lt;br /&gt;
&lt;br /&gt;
===643.1.5.2 Requests===&lt;br /&gt;
Requests to attach facilities to structures is a multi-step process. Bridge Division is responsible for approval of the bridge attachment. If at any point in the process, Bridge Division determines the attachment to be unacceptable, a reason is to be provided.&lt;br /&gt;
&lt;br /&gt;
To start, the utility owner submits a conceptual request to the district utilities staff. The conceptual request consists of an explanation of the proposal; a general location sketch (i.e., which side of the bridge); and details on the facility, length, and weight per foot when full. The district utilities staff should work with all relevant district personnel including the District Bridge Engineer in reviewing and recommending the attachment. The district utilities staff will submit the recommended details to the Bridge Division to determine the applicable costs including future maintenance costs and for attachments to new bridges, design and construction. Once the Bridge Division has determined the cost, the district utilities staff shares the cost with the utility owner for their concurrence with furthering the process. For new bridges, if the utility owner concurs with the costs, the district utility staff will prepare the BR04 Agreement for execution by the utility owner and the Commission. MoDOT will be responsible for the design and construction of attachments to new bridges. For existing bridges, the district utilities staff will forward the applicable as-built bridge plans to the utility owner for its use in designing the bridge attachment. The utility owner will provide detailed design drawings, signed and sealed by a professional engineer in the State of Missouri, to the district utilities staff for review. The district utilities staff should work with all relevant district personnel, including the District Bridge Engineer, in reviewing and recommending the details of the attachment to the Bridge Division. Once Bridge Division approves, the Bridge Division will prepare the BR09 Agreement for execution by the utility owner and the Commission. The utility owner is responsible for the construction of attachments to existing bridges. A flow chart, [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_7_BridgeAttachementProcess_AOD.pdf EPG Figure 643.1.7], of the process is available.&lt;br /&gt;
&lt;br /&gt;
Payment from the utility owner for the attachment will be sent to Financial Services by district utilities staff. For BR04 agreements, district utilities staff should discuss with Financial Services how to get the payment credited to the project constructing the attachment. For BR09 agreements, district utilities staff should copy Bridge Division on correspondence with Financial Serves. Checks should be made payable to Director of Revenue, Credit State Road Fund.&lt;br /&gt;
&lt;br /&gt;
For requests from government entities such as cities, counties, and other municipalities, the requested information should be submitted to Bridge Division as described above. However, the district utilities staff will take the lead in preparing the DE10 County Agreement or DE11 Municipal Agreement, as applicable, with input from Bridge Division and Bridge Maintenance. All fees are waived for government entities.&lt;br /&gt;
&lt;br /&gt;
===643.1.5.3 Considerations===&lt;br /&gt;
The following considerations are made in determining the acceptability of a bridge attachment. Unique situations will be discussed with the Bridge Division as required.&lt;br /&gt;
&lt;br /&gt;
====643.1.5.3.1 Bridge Asset Management Program====&lt;br /&gt;
Requests for bridge attachments should be reviewed for consistency with the district’s upcoming bridge asset management program needs. If a structure is due for rehabilitation or replacement in the near future, information should be provided to the utility owner indicating existing remaining life of the bridge. In some instances, it may be in MoDOT’s best interest to deny the request for attachment outright. In some instances, the utility owner may still choose to pursue the short-term attachment to the existing structure. In almost all cases, the utility owner is responsible for the cost of removing and/or relocating their utility facilities for a necessary repair, widening, improvement or reconstruction of the structure. Review existing agreements for cost responsibility for current attachments.&lt;br /&gt;
&lt;br /&gt;
====643.1.5.3.2 Aesthetics====&lt;br /&gt;
In reviewing a request for a bridge attachment, how the structure is viewed by the public will be considered. For example, is the structure over a scenic stream that is extensively used by canoeists, or does the structure span a road that may provide access to a park, campgrounds, or boat launching facilities? Is the structure a grade separation where the motoring public will see the attachment before they pass under it?&lt;br /&gt;
&lt;br /&gt;
====643.1.5.3.3 Method of Attachment====&lt;br /&gt;
In order to maintain structural integrity of any structures the following requirements will apply for attachments.&lt;br /&gt;
&lt;br /&gt;
=====643.1.5.3.3.1 Welding=====&lt;br /&gt;
Welding of hardware to structural steel members (i.e., flanges, webs, stiffeners, and diaphragms) whether in tension or compression is not permitted.&lt;br /&gt;
&lt;br /&gt;
=====643.1.5.3.3.2 Drilling=====&lt;br /&gt;
Drilling holes in any structural steel member is not permitted. Drilling holes for anchors into any prestressed concrete member is not permitted. Although permitted, drilling holes for anchors into the underside of bridge decks must be done with caution. It is recommended all anchors be installed to miss deck reinforcing steel. Generally, drilling into decks will not be allowed where sonotubes were used (voided slab bridges). The depth of the holes should be such that breaking out of the concrete on the top side of the deck does not occur.&lt;br /&gt;
&lt;br /&gt;
=====643.1.5.3.3.3 Corrosion=====&lt;br /&gt;
Attachment hardware will be new, properly coated to prevent corrosion or be of a non-corrosive material, and be designed to support the facility.&lt;br /&gt;
&lt;br /&gt;
====643.1.5.3.4 Location====&lt;br /&gt;
In general, attachments are made on the underneath side of the bridge deck. The condition of the bridge deck will dictate the location of the attachment supports. An exception may be attachments to trusses or other overhead structures.&lt;br /&gt;
&lt;br /&gt;
Attachments that may require manholes in bridge decks are not allowed.&lt;br /&gt;
&lt;br /&gt;
When attachments are required to structures over streams that may carry large drifts, they must be attached to the downstream side of the structure and above the lowest superstructure element. It is preferred to locate the attachment on the outside of the exterior girder. If aesthetics are a concern, a better appearance can be achieved by having the attachment made to the inside of the exterior girder and above the bottom of the lower flange to hide the conduit and the attaching hardware.&lt;br /&gt;
&lt;br /&gt;
Placement of utilities must not prevent the removal of old paint, the application of new paint on superstructure steel, or cause debris buildup, which could cause structural deterioration.&lt;br /&gt;
&lt;br /&gt;
====643.1.5.3.5 Construction and Maintenance====&lt;br /&gt;
If the attachment cannot be built while maintaining one (1) lane of traffic on the structure, it will not be allowed.&lt;br /&gt;
&lt;br /&gt;
Construction procedures that severely impact traffic may factor into the allowable location of the attachment on the structure.&lt;br /&gt;
&lt;br /&gt;
When scaffolding is to be attached or supported by bridge rails, bridge superstructure, or bridge substructure, the procedures for construction of the attachment must be reviewed.&lt;br /&gt;
&lt;br /&gt;
The utility owner or local entity will pay for, or be responsible for, the painting of the attachment, if necessary, when the bridge requires painting.&lt;br /&gt;
&lt;br /&gt;
==643.1.6 Private Lines==&lt;br /&gt;
Private lines are permitted to cross the right of way of a highway in the same manner as outlined for all utility facilities in above sections of this article. Parallel installations along the right of way of a highway are not permitted. Special conditions at a specific location that make adherence to this policy impractical will be submitted to the Chief Engineer for consideration of an acceptable alternative. In certain situations, it may be necessary to obtain approval from the Federal Highway Administration (FHWA) before approval to use the alternative can be given to the private utility owner.&lt;br /&gt;
&lt;br /&gt;
==643.1.7 Water and Sewer Separations==&lt;br /&gt;
The Missouri Department of Natural Resources (MoDNR) Safe Drinking Water Commission via 10 CSR 60-10 and Clean Water Commission via 10 CSR 20-8 govern the design of water and sewer lines in the vicinity of one another. Basic criteria are outlined below for information, and details are contained within the regulations. MoDOT is not responsible for providing or acquiring adequate right of way for utility owners to comply with MoDNR requirements.&lt;br /&gt;
&lt;br /&gt;
===643.1.7.1 Water and Sewer Separations===&lt;br /&gt;
====643.1.7.1.1 Horizontal====&lt;br /&gt;
Sanitary and storm sewers are to be laid at least ten feet (10’) horizontally measured from outside edge to outside edge from any existing or proposed water main. In cases where it is not practical to maintain ten feet (10’) of separation, installation of the water main closer to the sewer is acceptable where the water main is installed in a separate trench or on an undisturbed earth shelf located on one (1) side of the sewer at an elevation so the bottom of the water main is at least eighteen inches (18”) above the top of the sewer.&lt;br /&gt;
&lt;br /&gt;
===643.1.7.2 Crossings===&lt;br /&gt;
Water mains are to be laid to provide a minimum vertical distance of eighteen inches (18”) vertically measured outside edge to edge from sanitary or storm sewers. This is the case whether the water main is above or below the sewer. One (1) full length of water pipe must be located so both joints will be as far from the sanitary or storm sewer line as possible. Special structural support for the water main or sanitary or sewer main may be required.&lt;br /&gt;
&lt;br /&gt;
===643.1.7.3 Exception===&lt;br /&gt;
When it is impossible to obtain proper horizontal and vertical separation as stipulated, the sewer will be designed and constructed equal to water pipe and will be pressure-tested to assure it is watertight prior to backfilling.&lt;br /&gt;
&lt;br /&gt;
===643.1.7.4 Water Supply Interconnections===&lt;br /&gt;
No physical connection is permitted between a public or private potable water supply system and any sanitary or storm sewer or appurtenance that would permit the passage of any sewage or polluted water into the water supply. No water pipe is permitted to pass through or come in contact with any part of a sanitary sewer manhole.&lt;br /&gt;
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===643.1.7.5 Water Works Structures===&lt;br /&gt;
Sewers are not permitted to be installed within fifty feet (50’) in any direction from any existing or proposed public water supply well or other water supply sources or structures.&lt;br /&gt;
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==643.1.8 Variances==&lt;br /&gt;
Occasionally, it is impractical to locate a utility facility in accordance with requirements outlined in this article. MoDOT may consider a utility owner’s request for a variance from these requirements on a case-by-case basis. The utility owner should complete a [https://epg.modot.org/forms/general_files/DE/UtilityVarianceApprovalForm.docx Utility Variance Approval Form] to be submitted to MoDOT for consideration. Variances on the Interstate System require approval of the Federal Highway Administration (FHWA). A flow chart, [https://epg.modot.org/forms/general_files/DE/xx.pdf EPG Figure 643.1.8], of the variance process is available.&lt;br /&gt;
&lt;br /&gt;
A variance will not be permitted just for the convenience of the utility owner. The utility owner requesting a variance must provide all necessary information to properly evaluate if a variance should be approved. For example, a utility owner requesting a variance because “the utility corridor is full” must explore all reasonable options. It is suggested that the requestor pothole the existing utility corridor to confirm the location of existing utility facilities and provide that data to support the need to locate outside of the utility corridor due to its congestion.&lt;br /&gt;
&lt;br /&gt;
===643.1.8.1 Variance Process===&lt;br /&gt;
Any utility owner of a public utility facility may apply for a variance. The process for requesting a variance is as follows:&lt;br /&gt;
&lt;br /&gt;
====643.1.8.1.1 Submittal Requirements====&lt;br /&gt;
Utility owners submit to the district utilities staff a written request for a variance using the [https://epg.modot.org/forms/general_files/DE/UtilityVarianceApprovalForm.docx Utility Variance Approval Form]. The utility owner must clearly show the provision(s) or guideline(s) for which the variance is being requested; the condition(s) which the utility owner believes warrant(s) the granting of a variance; a thorough explanation of the reason(s) for the requested variance, including sufficient and appropriate documentation of safety, aesthetic, or constructability constraints that would be adverse to the function, access, or maintenance of the utility facility and not in the best interest of the public.&lt;br /&gt;
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====643.1.8.1.2 MoDOT Consideration of Variance Request====&lt;br /&gt;
The utility owner bears full responsibility for demonstrating to MoDOT’s satisfaction that the variance is the most appropriate way to serve the public interest. MoDOT may present to the utility owner and the utility owner must consider reasonable alternatives to the variance requested by the utility owner. In determining whether to grant a variance, district utilities staff will consider all relevant factors including, but not limited to: the requested variance is reasonably necessary for the convenience, safety, health, and/or welfare of the public; there is an exceptional or undue burden or hardship on the specific applicant; a physical impracticability that would result from the applicant’s adherence to the normal location requirements; and the requested variance will not impair the safe construction, maintenance, operation, and safety of public travel on the highway. District utilities staff may consult with the Design Liaison Engineer in evaluating variances.&lt;br /&gt;
&lt;br /&gt;
====643.1.8.1.3 Approval of Variances====&lt;br /&gt;
Once district utilities staff have agreed to accept a variance proposed by the utility owner, the [https://epg.modot.org/forms/general_files/DE/UtilityVarianceApprovalForm.docx Utility Variance Approval Form] and all supporting documentation is sent to the District Design Engineer (DDE) for approval. If a variance is on interstate right of way, the DDE-signed Variance Request Form and all supporting documentation is forwarded to the Design Liaison Engineer who will forward to FHWA for their concurrence.&lt;br /&gt;
&lt;br /&gt;
====643.1.8.1.4 Variance Appeal Informal Hearing====&lt;br /&gt;
If denied a variance, the utility owner has thirty (30) calendar days to request an informal hearing for the purpose of appealing the denial. Requests must be made in writing to the State Design Engineer, Missouri Department of Transportation, P.O. Box 270, Jefferson City, MO 65102. If the utility owner requests an informal hearing, MoDOT’s authorized representative will advise the applicant of the time, date, and place of the hearing. The hearing is not a contested case under RSMo 536. The rules of evidence will not apply at the hearing, and MoDOT’s decision after the conduct of the hearing is not subject to further appeal.&lt;br /&gt;
&lt;br /&gt;
==643.1.9 Excess Right of Way==&lt;br /&gt;
Prior to conveyance of excess right of way, the status of utility facilities within said parcel must be addressed. See [[236.5_Property_Management#236.5.12_Excess_Land_Conveyances_&amp;amp;_Relinquishments_–_Regulated_Utilities|EPG 236.5.12]].&lt;br /&gt;
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==643.1.10 Broadband==&lt;br /&gt;
Broadband development in the state of Missouri is handled by the Department of Economic Development (DED). MoDOT shares its approved Statewide Transportation Improvement Program (STIP) project list with DED. All MoDOT policies related to placement of utility facilities within Commission right of way as outlined in this EPG article 643.1 are to be followed.&lt;br /&gt;
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&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643.2 Utilities in Program Delivery &#039;&#039;PAGE TITLE&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt; &lt;br /&gt;
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==643.2.1 Introduction==&lt;br /&gt;
Improvements to the highway system often require negotiation between the Commission and a city, a county, or a public or private utility owner. The Commission’s district utilities staff is responsible for coordination of highway improvement projects with the utility owner’s representative. The impact to a utility, the responsibility for the cost of adjustments necessary to allow highway construction, the plan of adjustment of the utility, the responsibility of performance of work on utility facilities, and the schedule of the utility adjustment are all items that vary depending on the project and should be investigated and negotiated to ensure highway improvement projects are delivered on-time and on-budget. These should comply with Commission policy. A flowchart [link here] outlining all the utility adjustment processes (reimbursable and non-reimbursable relocations, Master Reimbursable Utility Agreements and Project Specific Agreements, etc.) are available in the list of figures at the top of the page. These processes will not always be in combination, but each should be considered with each project.&lt;br /&gt;
&lt;br /&gt;
The district utilities staff, in conjunction with the Transportation Project Manager (TPM), is expected to invite and encourage participation of utility owner representatives in MoDOT project meetings as needed.&lt;br /&gt;
&lt;br /&gt;
When a project involves utility adjustments for which the Commission is responsible for costs, the TPM should program the costs of the utility adjustments as non-contractual construction costs in the STIP Information Management System (SIMS).&lt;br /&gt;
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==643.2.2 Annual Utility Meeting==&lt;br /&gt;
Each district should hold an annual meeting with utilities to discuss current STIP projects in the district. The annual meeting should be held during each year&#039;s STIP preparations, ideally between January and May. All utility owners that have utility facilities in the district should be invited. The intent is to provide the utility owners with an idea of upcoming projects to allow them the opportunity to plan and budget for potential adjustments of their utility facilities, identify both MoDOT and utility roadblocks, and develop action plans to complete utility adjustments better, faster, and cheaper.&lt;br /&gt;
&lt;br /&gt;
==643.2.3 Determination of Existing Utilities==&lt;br /&gt;
District utilities staff should determine the appropriate level of effort needed to accurately identify existing utilities within the footprint of a proposed highway construction project. Aboveground utilities are easily identifiable via field checks; however, determination of the precise location of underground utilities can be more challenging and time consuming. Therefore, the district utilities staff should balance the risk of conflict with the highway construction project against the level of effort needed to determine the location.&lt;br /&gt;
&lt;br /&gt;
The level of effort on mapping utilities is dependent on the scope of the project and the potential for utilities having an impact on the construction of the project. The project schedule should include the time to complete this task accurately. The time and effort necessary for having accurate locates requires close interaction with the utility locators. Early contact with utility owner representatives may be necessary to accurately locate underground utility facilities.&lt;br /&gt;
&lt;br /&gt;
Various methods of determining existing underground utilities result in different levels of quality. ASCE Standard 38 Standard Guidance for Investigating and Documenting Existing Utilities classifies four levels of quality:&lt;br /&gt;
:1. Quality Level D: QL-D is the most basic level of information for utility locations. It comes solely from existing utility records or verbal recollections, both typically unreliable sources. It may provide an overall &amp;quot;feel&amp;quot; for the congestion of utilities but is often highly limited in terms of comprehensiveness and accuracy. QL-D is useful primarily for project planning and route selection activities.&amp;lt;br&amp;gt;&lt;br /&gt;
: Missouri 811 or “private-locate” markings are to be considered to be QL-D.&lt;br /&gt;
:2. Quality Level C: QL-C is probably the most used level of information. It involves surveying visible utility facilities (e.g., manholes, valve boxes, etc.) and correlating this information with existing utility records (QL-D information). When using this information, it is not unusual to find that many underground utilities have been either omitted or erroneously plotted. Therefore, its usefulness is primarily on rural projects where utilities are not prevalent or are not too expensive to repair or relocate.&lt;br /&gt;
:3. Quality Level B: QL-B involves the application of appropriate surface geophysical methods to determine the existence and horizontal position of virtually all utilities within the project limits. This activity is called &amp;quot;designating&amp;quot;. The information obtained in this manner is surveyed to project control. It addresses problems caused by inaccurate utility records, abandoned or unrecorded utility facilities, and lost references. The proper selection and application of surface geophysical techniques for achieving QL-B data is critical. Information provided by QL-B can enable the accomplishment of preliminary engineering goals. Decisions regarding location of storm drainage systems, footers, foundations, and other design features can be made to avoid conflicts with existing utilities. Slight adjustments in design can produce substantial cost savings by eliminating utility relocations.&lt;br /&gt;
:4. Quality Level A: QL-A, also known as &amp;quot;locating or potholing&amp;quot;, is the highest level of accuracy presently available and involves the full use of the subsurface utility engineering services. It provides information for the precise plan and profile mapping of underground utilities through the nondestructive exposure of underground utilities, and provides the type, size, condition, material, and other characteristics of underground features.&lt;br /&gt;
&lt;br /&gt;
For projects with scopes that have potential for utility conflicts, the minimum level of effort required is SUE Quality Level D. Locations of existing utilities are determined by requesting locates through Missouri 811, also known as the “One-Call” process. Missouri 811 locating requests should be carefully considered for the scope of work of the project. When necessary, the location of existing utilities should be established by a field survey of locate markings and features and shown on the roadway plans. Higher level SUE Quality Levels can be used on any project. Adjustment cost savings, whether to the MoDOT or to the utility owner, are beneficial to the taxpayer. Good SUE projects are typically urban in nature, or in congested areas, where the project footprint is to be minimized, or anytime accurate vertical and horizontal location of the utility facility might allow a design to avoid the utility facility thus preventing the need for the adjustment. The SUE process combines civil engineering, surveying, and geophysics. It utilizes several technologies, including vacuum excavation and surface geophysics.&lt;br /&gt;
&lt;br /&gt;
When proposed excavation or installation of subsurface features (drainage, equipment bases, etc.) falls within three feet (3’) of a marked Missouri 811 line, soft digging (hand digging, potholing, vacuum methods, pressurized air/water jetting, pneumatic hand tools, etc.) is required to more exactly locate the utility facility both horizontally and vertically. Utility facilities present within the right of way by permit, should be investigated by the utility owner. Utility facilities that would be reimbursable or partially reimbursable as defined in EP 643.2.8 will be investigated by MoDOT.&lt;br /&gt;
&lt;br /&gt;
==643.2.4 Conflict Determination==&lt;br /&gt;
Determination of whether a conflict exists between an existing utility facility and a proposed highway improvement project should occur at the earliest possible stage of project development. A conflict may be the result of the physical interaction between the roadway infrastructure and utility facility, a reduction in cover or increase in fill over underground utilities, a reduction in horizontal clearance whether above or below ground, a reduction in overhead vertical clearance, paving over utilities, or restricting a utility owner’s access to its utility facilities. District utilities staff should work with utilities to determine if a conflict exists and the appropriate plan of adjustment to remedy the conflict. The adjustment to the utility may be a relocation or another measure that protects the utility or access to the utility from the proposed highway improvement project. Determination of a conflict needs to be continually re-evaluated as the project design progresses. Continuing coordination is essential.&lt;br /&gt;
&lt;br /&gt;
==643.2.5 Utility Plan of Adjustment==&lt;br /&gt;
===643.2.5.1 Request for Plan of Adjustment===&lt;br /&gt;
District utilities staff will request a plan of adjustment from utility owners whose utility facilities are in conflict with a proposed highway project. The plan of adjustment may consist of efforts to relocate the utility or otherwise protect a utility from the impacts of the proposed highway project. Utilities are shown on the roadway plan and profiles sheets that are furnished to utility owners for use in planning required utility adjustments. Any other sheets such as drainage, traffic signal, lighting, or ITS plans that show impacts to a utility facility should also be provided to the utility owners. All adjustments, reimbursable or not, require a plan of adjustment furnished by the utility owner.&lt;br /&gt;
&lt;br /&gt;
A transmittal letter is included in the request for a plan of adjustment. The letter informs the utility owner that regardless of whether an adjustment is reimbursable, no physical adjusting or relocating of their utility facilities to accommodate the proposed highway improvement is to be performed without specific approval and authorization. Additionally, if any part of the adjustment has the potential to be reimbursable, they are advised:&lt;br /&gt;
# They may undertake preliminary engineering by their own forces upon approval by district utilities staff of the estimated costs of preliminary engineering.&lt;br /&gt;
# They may employ a consultant to do the PE work provided they request and obtain prior approval. See [[#643.2.6_Preliminary_Engineering_Requirements|EPG 643.2.6 Preliminary Engineering Requirements]].&lt;br /&gt;
# Any preliminary engineering costs accrued prior to the date of written authorization to proceed will not qualify for reimbursement.&lt;br /&gt;
# Replacement right of way or easements cannot be purchased without specific approval and authorization.&lt;br /&gt;
&lt;br /&gt;
===643.2.5.2 Proposed Plan of Adjustment===&lt;br /&gt;
Developing a plan of adjustment is a multi-step process. The utility owner will propose a conceptual approach to adjusting the utility facilities to allow highway construction. This conceptual approach is used as the basis for determining cost responsibility, estimate of costs for preliminary engineering and construction, developing the agreement if necessary, and final design of the adjustment. Negotiations between district utility staff and the utility owner’s representative can result in changes to the design throughout the process.&lt;br /&gt;
&lt;br /&gt;
Final plans of adjustment must contain a legend on the first sheet identifying the utility symbols used. They must also show the existing utility facilities and their disposition, the location of the new or adjusted utility facilities, the existing and new right of way lines, the limited or fully controlled access symbols (where applicable), the existing and proposed roadways, ramps, and outer roadways and any other pertinent roadway information. They must contain sufficient details concerning location, elevation, compaction, clean up, etc. to provide for the proper adjustment of the utility facility. Relocated and/or existing utility facilities that will remain in place must be dimensioned or indicated in a manner to show their location in respect to the right of way lines. It is preferred that the utility owner transmits the plan of adjustment by electronic deliverables in a format that can be incorporated into the roadway plans. This will reduce the time and effort necessary as well as increase the accuracy of transferring this information into the roadway plans.&lt;br /&gt;
&lt;br /&gt;
Plans of adjustment received from the utility owner are to be checked for compliance with MoDOT’s requirements ([[#643.1_Utilities_Location|EPG 643.1 Utility Location]]) by the district utilities staff. They are also checked to ensure compatibility with the roadway design. Any continuing conflicts are resolved through negotiations with the utility owner.&lt;br /&gt;
&lt;br /&gt;
Occasionally, it is impractical to perform a utility adjustment in accordance with MoDOT’s requirements. Sometimes the utility may request approval of a plan of adjustment that does not conform to these requirements. Deviation from MoDOT’s utility requirements is a variance. Refer to [[#643.1.8_Variances|643.1.8 Variance Process]] for additional guidance.&lt;br /&gt;
The final plan of adjustment is included as Exhibit “A” to the agreement ([[#643.2.12_Utility_Agreements|EPG 643.2.12 Agreements]]).&lt;br /&gt;
&lt;br /&gt;
==643.2.6 Preliminary Engineering Requirements==&lt;br /&gt;
Preliminary engineering (PE) can be performed one of four ways for utility adjustments:&lt;br /&gt;
# The utility owner can use its own engineering forces.&lt;br /&gt;
# MoDOT can select an engineering consultant, after consultation with the utility owner, and the consultant contract will be administered by MoDOT.&lt;br /&gt;
# The utility owner can select an engineering consultant, with approval by MoDOT, and the consultant contract will be administered by the utility owner.&lt;br /&gt;
# If a utility adjustment is being included in a MoDOT administered construction contract, the preliminary engineering of the adjustment can be provided by MoDOT.&lt;br /&gt;
&lt;br /&gt;
For reimbursable utility adjustments, the amount paid to engineers, architects, and others for required engineering and allied services can be included in reimbursement amount provided such amounts are not based on a percentage of the costs of the necessary adjustments to allow highway construction. Reimbursement is available for contracts executed after solicitation of a consultant for the specific adjustment or existing continuing contracts when it is demonstrated that such work is performed regularly for the utility owner in its own work and that the costs are reasonable.&lt;br /&gt;
&lt;br /&gt;
A [https://epg.modot.org/forms/general_files/DE/UtilityConsultantContractChecklist.docx checklist is available for reviewing consultant-engineering contracts] to ensure the contract conforms to MoDOT policy and complies with applicable federal regulations. District utilities staff should use the checklist to review contracts and may consult with Audits and Investigations Division as necessary. The procedures in 23 CFR part 172, Administration of Engineering and Design Related Service Contracts may be used as a guide for reviewing proposed consultant contracts. [[:LPA:136.4_Consultant_Selection_and_Consultant_Contract_Management|EPG 136.4 Consultant Selection and Consultant Contract Management]] may also be used as a guide.&lt;br /&gt;
&lt;br /&gt;
===643.2.6.1 Solicited Consultant Contracts===&lt;br /&gt;
If solicitation of PE services is required for reimbursable utility adjustments, the utility owner must provide the following documents and information to district utilities staff. These documents need to be provided as soon as the utility owner has chosen to solicit a consultant. Document 1 must be supplied by all utility owners. Documents 2 and 3 are only required when the utility owner is a local government agency who is also a political subdivision of the state of Missouri (e.g., city-owned utilities, county-owned utilities). All other utility owners are encouraged, but not required, to provide Documents 2 and 3:&lt;br /&gt;
# A statement that the utility owner is not staffed or able to perform the required PE services with its own forces.&lt;br /&gt;
# Provide the names of at least three (3) consultants considered.&lt;br /&gt;
# The criteria used to evaluate each consultant and reasons why the selected consultant was selected.&lt;br /&gt;
&lt;br /&gt;
The following documents need to be provided as soon as the utility owner has successfully negotiated and entered into a contract with the consultant:&lt;br /&gt;
# The name and address of the selected consultant.&lt;br /&gt;
# A statement that the &amp;quot;[https://epg.modot.org/forms/general_files/DE/CertificationOfConsultant.docx Certification of Consultant]&amp;quot; will be furnished immediately upon award of the contract to the consultant.&lt;br /&gt;
# One executed copy of the proposed engineering contract or agreement between the utility owner and consultant, only if the engineering will exceed $5,000.00.&lt;br /&gt;
# The consultant&#039;s fixed (lump sum) or estimated fee (actual cost) and the contract maximum.&lt;br /&gt;
# A cost summary providing a detailed breakdown of the basis for the consultant&#039;s compensation, including estimated labor hours, hourly rates for each classification, overhead rate (if used), the amount of profit charged, and any other estimated charges such as travel expenses, equipment rentals, etc. If an overhead rate is used, the consultant must also submit the supporting overhead rate calculations.&lt;br /&gt;
# An independent cost estimate of engineering services provided by the utility owner to use in comparison to the consultant’s proposed engineering services to check for cost reasonableness.&lt;br /&gt;
&lt;br /&gt;
===643.2.6.2 Continuing Consultant Contracts===&lt;br /&gt;
When a utility owner chooses to use an existing continuing contract for PE services, the utility owner must provide the following documents and information to the district utilities staff as soon as possible.&lt;br /&gt;
# A statement that the utility owner is not staffed or able to perform the engineering with its own forces.&lt;br /&gt;
# The name and address of the consultant under the existing continuing contract.&lt;br /&gt;
# A statement that the &amp;quot;[https://epg.modot.org/forms/general_files/DE/CertificationOfConsultant.docx Certification of Consultant&amp;quot;&amp;quot; will be furnished.&lt;br /&gt;
# A copy of the continuing contract to the district utilities staff. The district utilities staff will review the contract for reasonableness of cost.&lt;br /&gt;
# The consultant&#039;s fixed (lump sum) or estimated fee (actual cost) and the contract maximum for the work associated with the utility adjustment.&lt;br /&gt;
# A cost summary providing a detailed breakdown of the basis for the consultant&#039;s compensation, including estimated labor hours, hourly rates for each classification, overhead rate (if used), the amount of profit charged, and any other estimated charges such as travel expenses, telephone, etc. If an overhead rate is used, the consultant must also submit the supporting overhead rate calculations.&lt;br /&gt;
# An independent cost estimate of engineering services provided by the utility owner to use in comparison to the consultant’s proposed engineering services to check for cost reasonableness.&lt;br /&gt;
&lt;br /&gt;
===643.2.6.3 Consultant Contract Changes===&lt;br /&gt;
If a PE services contract between a utility owner and a consultant needs to be revised, a copy of the revised contract, fee, and schedule should be submitted by the utility owner to the district utilities staff prior to allowing for contract changes. District utilities staff should review the contract changes to ensure the revised contract conforms to MoDOT policy and complies with applicable federal regulations.&lt;br /&gt;
&lt;br /&gt;
==643.2.7 Environmental and Right of Way==&lt;br /&gt;
===643.2.7.1 Utilities and Environmental Clearances===&lt;br /&gt;
District utilities staff should coordinate with the TPM and utility owner’s representative to understand and communicate on known environmental and cultural constraints that could impact a utility owner’s plan of adjustment. This will allow the utility owner to consider permitting timelines and alternatives that avoid environmental or cultural resources to keep the project on schedule.&lt;br /&gt;
&lt;br /&gt;
One strategy to make project delivery more efficient and ensure regulatory compliance is for MoDOT to obtain the environmental and cultural resource permits and clearances for the utility owners associated with a roadway improvement while obtaining its own. This would generally only be for the permits and regulatory clearances MoDOT already needs to pursue as a part of the transportation improvement.&lt;br /&gt;
&lt;br /&gt;
District utilities staff should coordinate with the utility owner’s representative early in the project timeline to determine if it is in the best interest of both MoDOT and the utility owner to obtain permits and environmental clearances jointly. The following strategies can be utilized to determine if a joint approach to environmental work should be pursued:&lt;br /&gt;
* If utility facilities are moving to a location within or immediately adjacent to MoDOT right of way, a utility owner may be invited to participate in permitting and environmental compliance activities.&lt;br /&gt;
* If utilities move to a location not within or adjacent to MoDOT right of way, the utility company would not normally be invited to participate in permit applications and environmental compliance activities. However, some unique projects may necessitate further attention and should be discussed with the Design Liaison Engineer.&lt;br /&gt;
&lt;br /&gt;
If MoDOT and the utility owner agree to obtain joint permits and clearances, written communication between the utility owner’s representative and the district utilities staff should document the following items:&lt;br /&gt;
* List of the permits and clearances that MoDOT will acquire on behalf of the utility owner.&lt;br /&gt;
* List of the information needed from the utility owner in order for MoDOT to acquire the permits and clearances.&lt;br /&gt;
* Schedule and deadlines for submittal of the information by the utility owner. For example: utility plans, fill quantities, construction methods, dates, or seasons of construction.&lt;br /&gt;
&lt;br /&gt;
Permits and clearances that may be needed by both a utility owner and MoDOT include:&lt;br /&gt;
* [[127.7_Threatened_and_Endangered_Species|Endangered Species Act consultation and clearance]]&lt;br /&gt;
* [[127.2_Historic_Preservation_and_Cultural_Resources#127.2.1.1_Historic_Preservation_Regulations_and_Laws|Section 106 of the National Historic Preservation Act clearance]]&lt;br /&gt;
* [[127.10_Section_4(f)_Public_Lands|Section 4(f) clearance]]&lt;br /&gt;
* [[127.10_Section_4(f)_Public_Lands#127.10.1.4_Section_6(f)_Laws_and_Regulations|Section 6(f) of the Land and Water Conservation Fund Act clearance]]&lt;br /&gt;
* [[127.4_Wetlands_and_Streams|Section 401 and Section 404 of the Clean Water Act permits]]&lt;br /&gt;
* [[:Category:806_Pollution,_Erosion_and_Sediment_Control#806.1_Introduction_(see_Sec._806)|Section 402 of the Clean Water Act permit (State Operating Permit for Erosion Control)]]&lt;br /&gt;
* [[127.8_Hazardous_and_Solid_Waste|Recommendations on contaminated soil disposition]]&lt;br /&gt;
&lt;br /&gt;
===643.2.7.2 Right of Way Acquisition and Utilities===&lt;br /&gt;
The Commission is obligated to acquire the width of right of way required by the design of the highway improvement. For utility facilities currently located within the Commission’s right of way, this includes the necessary space for the utility facilities impacted by the design of the highway improvement. Either additional right of way width to accommodate a utility corridor or a utility easement can be obtained for the relocation of utility facilities. When drainage easements are acquired along a channel, additional space for utility facilities should be considered to avoid conflicts between the utility facility and the bridge or culvert.&lt;br /&gt;
&lt;br /&gt;
District utilities staff should inform the utility owner’s representative of the potential of a conflict between an existing utility facility and a proposed highway construction project early in the project development process to allow sufficient time for the utility owner to prepare a plan of adjustment and notify the district utilities staff of any easement needs. When utility facilities are located on a utility owner’s private easement, the utility owner may obtain its own new easements. If the utility owner is not in a position to negotiate for new easements or if the utility owner’s policies will not permit it to condemn property to obtain the easement, MoDOT can acquire the easement in the same manner roadway right of way is obtained. The district utilities staff should verify the utility owner is aware of the opportunity to have MoDOT acquire the easement, and the utility owner should provide written documentation on whether the utility owner would like to pursue this option with MoDOT.&lt;br /&gt;
&lt;br /&gt;
For situations where the utility owner will obtain its own replacement right of way and the cost of the adjustment is MoDOT’s responsibility, the utility right of way cost should be reviewed by the district right of way department to ensure the cost is reasonable and acquisition followed state and federal regulations. In order to expedite utility adjustments necessary to allow highway construction, the district utility staff may authorize the utility owner to obtain easements prior to all details of a plan of adjustment being developed. In this situation, the district utilities staff should ensure enough details are known to justify the needed right of way, and an agreement for right of way costs only should be executed with the utility owner.&lt;br /&gt;
&lt;br /&gt;
For situations where MoDOT will obtain the right of way necessary to allow highway construction, district utility staff should negotiate with the utility owner’s representative to ensure all necessary utility easements are shown on the approved right of way plans. The TPM should confirm with district utilities staff that the right of way plans accurately reflect the needs of the utility owners prior to requesting right of way plan approval. The district Right of Way Manager should confirm with district utilities staff before requesting an acquisition date (A-date). Every effort should be made to avoid adding utility easement requests once negotiations with property owners have begun.&lt;br /&gt;
&lt;br /&gt;
Occasionally, when negotiations cannot be completed for easements for the adjustment of utility facilities, it may be necessary to condemn for the property. District utilities staff should coordinate with the utility owner’s representative to ensure no alternate design for the adjustment of the utility facility is practical. The decision to condemn for easements for the adjustment of the utility facilities requires the exercise of good judgment in reaching the conclusion that further good faith negotiations are futile and condemnation is necessary to maintain the project in the scheduled letting. The TPM should coordinate with the district utilities staff and district Right of Way (RW) personnel on the condemnation proceedings.&lt;br /&gt;
&lt;br /&gt;
Easement and other right of way documents used with utility owners are handled in accordance with procedures established jointly with RW and district utilities staff. District survey staff prepare the land descriptions for use in utility easements. The district utilities staff is responsible for completion of the easements in the correct form and scope. A sketch delineating the area described is attached to the easement as Exhibit “A”. Communication with the Design Division will ensure use of proper forms, corporate names and locations, and particular wording required for joint ownerships. The description for a utility easement is to be referenced to the nearest land corner shown on the plans. Examples of easements can be found in the template list in [https://netprod3.dot.missouri/eAgreements/Search/QuickSearch eAgreements].&lt;br /&gt;
&lt;br /&gt;
In situations where MoDOT is acquiring right of way with existing utility easements, but the district utilities staff and the utility owner’s representative agree that the utility facility may remain in place, the utility owner will release the property to the Commission separate from the right of way acquisition. This is done by executing an Easement for Highway Construction (UT16). The utility owner grants and conveys, with warranty of title expressed or implied, to the Commission, the right to construct, reconstruct, and maintain a highway over and across that portion of the easement owned and held by the utility owner. In the future, the utility owner retains any reimbursable rights should future projects require adjustments to allow highway construction.&lt;br /&gt;
&lt;br /&gt;
==643.2.8 Cost Responsibility==&lt;br /&gt;
In addition to determining if a conflict exists between an existing utility facility and a highway improvement project, it is important to determine who is responsible for the costs of the necessary adjustments to allow highway construction. An adjustment for which the Commission is responsible for the costs is known as a reimbursable adjustment. An adjustment for which the Commission is not responsible for the costs is known as a non-reimbursable adjustment. An adjustment for which the Commission and the utility share responsibility for costs is known as a partially reimbursable adjustment. Adjustments determined to be reimbursable or partially reimbursable by the Commission are to be completed under the terms of an agreement executed between the utility owner and the Commission.&lt;br /&gt;
&lt;br /&gt;
===643.2.8.1 Commission Responsibility===&lt;br /&gt;
====643.2.8.1.1 Utility Facilities Located on Private Easements====&lt;br /&gt;
When the utility facility is located on a private easement within the new right of way to be acquired for a future project, the Commission is responsible for the cost of the necessary adjustments to allow highway construction. It may be possible that such easement does not have written easement rights. The Commission will honor this oral right provided acceptable documentation is provided by the utility owner to the district utilities staff. An [https://epg.modot.org/forms/general_files/DE/NonwrittenEasementRights_Example.docx example of acceptable documentation for not written easement rights] is available. Other forms of documentation will be considered on an individual basis.&lt;br /&gt;
&lt;br /&gt;
=====643.2.8.1.1.1 Future Moves=====&lt;br /&gt;
When the utility facility is located on a private easement, taken into the Commission’s right of way, the Commission may agree that any future moves of the same utility by Commission order may be made at the Commission’s cost. Documentation of this agreement is by an Easement for Highway Construction (UT16) agreement. If the Commission provides a substitute private easement, then the Commission will have future obligations consistent with the utility facility’s status in an easement.&lt;br /&gt;
&lt;br /&gt;
====643.2.8.1.2 Utility Facilities Located within Commission Right of Way====&lt;br /&gt;
When the utility facility is located within Commission right of way, but has prior land rights, the Commission is responsible for the cost of adjustments to allow highway construction. The utility owner is responsible for documenting to the satisfaction of the district utilities staff, the basis for the claim of prior land rights within Commission right of way. Time spent researching prior rights is considered coordination and is reimbursable.&lt;br /&gt;
&lt;br /&gt;
====643.2.8.1.3 City or County Utility Facilities on City or County Streets====&lt;br /&gt;
When roadway improvements are within the corporate limits of cities, towns, and villages, a municipal agreement is negotiated between the Commission and the municipality. Likewise, when roadway improvements are within the limits of a county and outside the municipal limits, a county agreement is negotiated between the Commission and the County Commission. Included in these agreements are provisions regarding reimbursement for adjusting city or county owned utility facilities. Reimbursement is provided for adjustment of city or county owned utility facilities that are now located on city or county streets and not on Commission right of way.&lt;br /&gt;
&lt;br /&gt;
====643.2.8.1.4 Lumen====&lt;br /&gt;
Lumen – National (formerly CenturyLink, Lightcore, or Digital Telephone, Inc. (DTI)) and the Commission have entered into a partnership agreement, “Amended and Restated Fiber Optic Cable on Freeways in Missouri,” executed June 5, 2003 which obligates the Commission to be responsible for the cost of the necessary adjustments to allow highway construction along the routes identified in the agreement. A copy of the agreement is available to district utilities staff.&lt;br /&gt;
&lt;br /&gt;
====643.2.8.1.5 Services to the Commission====&lt;br /&gt;
When a utility facility provides a service connection to local Commission facilities such as power to traffic signals, lighting, ITS, and cathodic protection and phone drops to traffic signal controllers or other Commission facilities, the Commission is responsible for the cost of the necessary adjustments to allow highway construction.&lt;br /&gt;
&lt;br /&gt;
====643.2.8.1.6 Private Service Lines====&lt;br /&gt;
While most utility owners reconnect the private service lines at no cost to the property owner, some do not. If a utility owner does not reconnect service lines, MoDOT can include adjustment of private service lines in roadway contracts. Bid items for relocating service connections are provided for the different types of anticipated adjustments.&lt;br /&gt;
&lt;br /&gt;
====643.2.8.1.7 Second Moves====&lt;br /&gt;
If the Commission requires additional work to a utility facility after the facility has been relocated or adjusted in accordance with a plan of adjustment approved by the Commission for a single project number, the Commission is responsible for the cost of the additional work regardless of whether the initial adjustment was Commission responsibility as outlined in other parts of [[643.2_Local_Utility_Adjustments_-_Public_and_Private#643.2.8.1_Federalizing_Funds_for_Preliminary_Engineering|643.2.8.1]].&lt;br /&gt;
&lt;br /&gt;
The purpose of the policy is to encourage utilities to relocate early rather than waiting until plans are published for bidding. The policy eliminates the utility having to relocate twice at its own expense because of late changes in the design. It is best to have utilities relocated prior to construction, and this policy helps achieve that goal. Therefore, it is imperative that the designer notifies district utilities staff as soon as possible of any changes made after these plans have been sent. If notified immediately, it may be possible to inform the utility owner prior to their final design thereby eliminating a second move.&lt;br /&gt;
&lt;br /&gt;
Under this policy, the following are not considered second moves. Temporary and staged relocations necessary to accommodate construction and agreed upon by the utility and the Commission prior to relocation are considered a single move and are not subject to the provisions of the second move policy. If the Commission requires adjustment of a utility facility for which the utility owner is responsible for the cost of the adjustment and was originally determined to not need adjustment, the utility owner is responsible for the cost of the adjustment. The utility owner is responsible for the cost of additional work to any portion of the utility facility after the utility facility has been adjusted in accordance with a plan of adjustment approved by the Commission if the additional work is required by the Commission due to error by the utility owner in preparation of plan of adjustment, field location of, or construction of the adjustment of the utility facility.&lt;br /&gt;
&lt;br /&gt;
When evaluating construction contract changes by change order or value engineering, the impacts of the second move policy should be considered.&lt;br /&gt;
&lt;br /&gt;
===643.2.8.2 Utility Owner Responsibility===&lt;br /&gt;
====643.2.8.2.1 Utility Facilities Owned and Operated by a Political Subdivision====&lt;br /&gt;
When a utility facility is located within Commission right of way, but does not have prior land rights, the utility owner is responsible for the cost of the necessary adjustments to allow highway construction. When a utility facility is located on public right of way other than Commission right of way, the utility owner is responsible for the cost of the necessary adjustments to allow highway construction.&lt;br /&gt;
&lt;br /&gt;
When a political subdivision must bear part or all the cost of adjustments to their utility facilities, and the cost creates a financial hardship, the Commission, by its authorized representative, the Chief Engineer, may temporarily assume these costs. A payback agreement with the political subdivision will include an applicable interest rate for a comparable maturity from a widely published index of tax-exempt municipal rates obtained from Financial Services. Payback time will not exceed five (5) years.&lt;br /&gt;
&lt;br /&gt;
====643.2.8.2.2 Utility Facilities Other Than Those Owned by a Political Subdivision====&lt;br /&gt;
When a utility facility is on the right of way of a public road or street or on state highway right of way without prior land rights and adjustment is necessary to allow for the construction of a roadway improvement, the utility owner is responsible for the cost of the necessary adjustments to allow highway construction.&lt;br /&gt;
&lt;br /&gt;
===643.2.8.3 Shared Responsibility===&lt;br /&gt;
When a utility facility is located such that portions of it are a Commission responsibility and portions of it are a utility owner responsibility by the definitions above, the costs of the necessary adjustments to allow highway construction will be split by the Commission and the utility owner. If the exact cost for each party can be determined, each party will be responsible for their portion of the cost of relocating the utility facility. If the exact cost for each party cannot be determined, the parties will arrive at a percentage reimbursement on an equitable basis.&lt;br /&gt;
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===643.2.8.4 Notice of Hearing===&lt;br /&gt;
When relocation or other difficulties with utility facilities on public right of way arise that prevent resolution by negotiation, formal hearings will be required.&lt;br /&gt;
&lt;br /&gt;
The district initiates a request for a utility relocation hearing with a letter to the Chief Counsel’s Office (CCO) (a copy is provided to the Design Division) requesting a hearing date. CCO will arrange for a hearing room, court reporter, etc. and advise the district of the hearing date.&lt;br /&gt;
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The district will prepare the notice of hearing by strictly following the given format and serve the notice on all persons and utility owners listed. The property and utility owner must be served only by personal service or by mailing a certified letter, return receipt requested, no later than 15 days before the date of hearing. This will require the district to make every effort to identify the correct property owner before preparing the notice of hearing. To avoid delays, every attempt will be made to issue the hearing notice at least 30 days prior to the hearing date in case any property has changed ownership and any additional property owners must be served. A notice of hearing on service line connections will also be served on the private or public owner of the main or distribution line to which the service lines are connected. A notarized &amp;quot;Report of Personal Service&amp;quot; will be completed when notification by certified mail is not used.&lt;br /&gt;
&lt;br /&gt;
One copy of the hearing notice and attachments, &amp;quot;Report of Personal Service&amp;quot; and certified mail notices are to be submitted to CCO after notification is complete.&lt;br /&gt;
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Prior to the hearing, the district&#039;s representative will become familiar with the details of the utility adjustment in order to provide concise testimony to expedite the hearing process. CCO will assign an attorney to work with the district and present the case.&lt;br /&gt;
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Refer to 7 CSR 10-3.030 020 Utility Relocation Hearings for additional information.&lt;br /&gt;
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A Waiver of Hearing should be obtained for non-reimbursable adjustments to document the commitment of the utility owner to adjust its utility facilities without adversely impacting the highway construction project. This may be accomplished informally via written communications between the district utilities staff and the utility owner’s representative. A [https://epg.modot.org/forms/general_files/DE/WaiverOfHearingForm.docx formal Waiver of Hearing statement] may be requested by either MoDOT or the utility owner. A [https://epg.modot.org/forms/general_files/DE/WaiverOfHearingLetter.docx sample transmittal letter for the Waiver of Hearing] is available. For reimbursable or partially reimbursable adjustments, the formal agreement serves as the basis of documentation of this commitment.&lt;br /&gt;
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==643.2.9 Estimates==&lt;br /&gt;
District utilities staff will negotiate with utility owners to determine reimbursable costs of the necessary adjustments to allow highway construction ([[#643.2.8_Cost_Responsibility|EPG 643.2.8 Cost Responsibility]]). These estimates are prepared in accordance with the provisions of 23 CFR 645 and any amendment thereto. These estimates must reflect the same procedures and costs used by the utility owners in their normal operations and must also accurately represent the expected costs of the work. The utility owner’s estimate will be reviewed by the district utilities staff to ensure compliance with 23 CFR 645.&lt;br /&gt;
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===643.2.9.1 Independent Cost Estimate===&lt;br /&gt;
The independent cost estimate provides the basis for district utilities staff to review the utility owner’s estimate of costs of the necessary utility adjustments to allow highway construction and any subsequent negotiations with the utility owner. The district utilities staff should prepare an independent cost estimate. The independent cost estimate may be based on unit prices of anticipated items of work in a utility adjustment necessary to allow highway construction. The independent cost estimate alternately may be based on recent similar types of utility adjustments necessary to allow highway construction and scaled for size. Consultants can be used to develop the independent cost estimate. All documentation of the independent cost estimate should be placed in MoProjects.&lt;br /&gt;
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===643.2.9.2 Type of Project Cost Estimates===&lt;br /&gt;
Either Actual Cost or Lump Sum estimates may be used for estimating the costs on the necessary utility adjustments to allow highway construction. If an Actual Cost estimate is used, detailed records of materials, labor, and equipment are made by district utilities and/or construction staff during construction, and a final audit of the utility owner’s cost records is made to determine the Commission’s actual responsibility for costs of the adjustment completed to allow highway construction. If a Lump Sum estimate is used, a final audit of costs for an adjustment in payment is not required. The Actual Cost method requires more detailed record keeping and documentation by the utility owner and district staff during construction. The Lump Sum method requires more upfront detail and work by the utility owner and judgment on the district utilities staff on the acceptability of the cost. The district utilities staff will work with the utility owner’s representative to determine the best type of estimate and therefore agreement to use.&lt;br /&gt;
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====643.2.9.2.1 Actual Cost Estimate====&lt;br /&gt;
The cost estimate that supports the actual cost agreement is prepared in sufficient detail to determine the reasonable expected cost of the work to support development of an agreement between the utility owner and the Commission. However, reimbursement is based on the actual costs of design and construction of the necessary adjustment to allow highway construction. The actual cost estimate should detail all costs of the necessary adjustment to allow highway construction, even if the Commission is only responsible for a portion of the costs as detailed in EPG [[#643.2.8.3_Shared_Responsibility|643.2.8.3 Shared Responsibility]].&lt;br /&gt;
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Actual cost estimates can be used for any dollar amount of reimbursement.&lt;br /&gt;
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====643.2.9.2.2 Lump Sum Estimates====&lt;br /&gt;
The cost estimate that supports the lump sum agreement must be accurate, comprehensive, verifiable, and in sufficient detail to present a clear picture of the work involved and the cost of the individual items. The estimate may cover only that portion of the adjustment for which the Commission is responsible for the costs of the necessary utility adjustments to allow highway construction.&lt;br /&gt;
Lump sum estimates are limited to a maximum of $200,000 of Commission responsibility of costs of the necessary utility adjustments to allow highway construction; however, exceptions may be made for special situations that have prior approval from Design Division. These exceptions usually cover major relocations for which the Commission&#039;s proportionate responsibility is extremely small.&lt;br /&gt;
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===643.2.9.3 Utility Cost Estimate Requirements===&lt;br /&gt;
Whether using an Actual Cost or Lump Sum estimate, the following should be included in the estimate, if applicable. If any of the following sections are not included in the estimate, a qualifying statement as to why the costs were not included should be provided.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.1 Scope of Work====&lt;br /&gt;
All estimates require a concise summary of the work to be performed on the estimate. An example is &amp;quot;an estimate of cost covering the work of relocating Company&#039;s 12-inch Cushing-Woodriver pipeline to accommodate construction of Route 47 in Franklin County on Job No. J6P0172&amp;quot;.&lt;br /&gt;
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====643.2.9.3.2 Engineering Costs====&lt;br /&gt;
Costs of engineering, whether preliminary or construction, must be shown as separate items and are not to be included with &amp;quot;labor costs&amp;quot;. Concurrent cost accounting procedures of FHWA and MoDOT make this a necessity. See [[#643.2.6_Preliminary_Engineering_Requirements|EPG 643.2.6 Preliminary Engineering]] and [[#643.2.16.2_Construction_Contract_Requirements|EPG 643.2.16.2 Construction Contract Requirements]] for further information.&lt;br /&gt;
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====643.2.9.3.3 Right of Way Costs====&lt;br /&gt;
A detailed estimate of the cost to acquire replacement easements by the utility owner is required. The cost should be supported by a right of way plan.&lt;br /&gt;
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====643.2.9.3.4 Material Costs====&lt;br /&gt;
Quantities, description of the item, the unit cost, and the extended totals are shown. Percentage computations will be shown immediately following &amp;quot;total cost&amp;quot; so the utility owner’s and Commission&#039;s cost obligations are properly indicated. Unit assembly costs similar to those used by several of the rural electric association (R.E.A.) cooperatives are acceptable, provided the same units and charges are used in the utility owner’s regular operations. A handling charge conforming with the utility owner’s regular procedures may also be included.&lt;br /&gt;
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====643.2.9.3.5 Labor Costs====&lt;br /&gt;
Hours, individual or crew rates, and extended totals are shown. Payroll additives such as insurance, retirement, social security, vacation, and other benefits are shown as a separate item under this heading in accordance with utility owner’s regular procedures. Adequate explanation must be given for total percentage used, especially in those cases where materials and labor are combined as unit costs or where labor percentages include additives and equipment requirements.&lt;br /&gt;
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====643.2.9.3.6 Equipment Costs====&lt;br /&gt;
A description of the equipment to be used must be shown jointly with the number of hours to be charged. Rates charged for equipment usage must be justified by the utility owner’s established accounting procedures. When the utility owner does not have an established accounting procedure or a capitalization and depreciation schedule that is used in its own operations, the rates are to be established by using rental rate publications as a guide. A reasonable amount will be deducted, when using rental rate schedules, for profit that the rental company realizes. A full explanation of the methods used in establishing the rates must also be submitted to support the utility owner’s request and with approval of the district utilities staff.&lt;br /&gt;
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Equipment may be rented when the utility owner’s equipment is not available or is inadequate, with the rental rate justified by appropriate solicitation of bids. See EPG 643.16.2 Construction Contract Requirements for further information.&lt;br /&gt;
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Unusual accounting procedures may be accepted with adequate prior explanations and approval of the Design Division.&lt;br /&gt;
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====643.2.9.3.7 Removal Costs====&lt;br /&gt;
These costs are estimated and shown in a similar method but separately from installation costs. When removal costs exceed salvage credits by more than the estimated cost of removal by the roadway contractor, an effort should be made to persuade the utility owner to abandon the utility facilities in place. An exception is made when the utility owner is required to remove abandoned utility facilities because of liability, hazard, or by specific agreement with the Commission. Abandoned utility facilities can be included with the miscellaneous removals in the roadway contract. It may be possible for the utility owner to remove those portions of the utility facility for which credits will exceed removal costs, with the remainder of the utility facility to be abandoned for removal in the roadway contract. Materials removed must be itemized, with the utility owner’s customary salvage credit given. Items to be scrapped or junked should be indicated. Whenever a utility facility or portion thereof is shown to be abandoned on the plan of adjustment, the roadway plans should be notated accordingly. This eliminates ownership problems if these utility facilities are removed or salvaged by the roadway contractor.&lt;br /&gt;
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When the utility facility is no longer needed and removal is necessary to accommodate the roadway project, the removal of the item may be handled either as a right-of way-item or a utility adjustment. When handled as a right of way item, the damages allowed are to equal the depreciated value of the utility facility, with the necessary removals being accomplished by the roadway contractor. If accomplished as a utility adjustment, the Commission, by utility agreement, will reimburse the utility owner for removal costs and receive salvage credit for the material removed, up to but not exceeding removal costs.&lt;br /&gt;
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====643.2.9.3.8 Salvage of Removed Materials====&lt;br /&gt;
This statement, to explain the salvage credit or lack of credit, will reflect routine utility owner policy as well as the particular situation. The utility owner will place a value on any recovered material for salvage. District utilities staff should check this value for reasonableness. Examples of salvage statements include:&lt;br /&gt;
* Existing utility facilities to be abandoned in place, since the cost of salvaging, based on our past experience, will exceed their value.&lt;br /&gt;
* Only those items will be salvaged for which salvage credit will exceed the cost of removal and salvage.&lt;br /&gt;
* Company liability requires removal of the retired utility facilities, even though the cost of removal will exceed allowable credit for salvage.&lt;br /&gt;
* Salvage credits are in accordance with established company accounting procedures.&lt;br /&gt;
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====643.2.9.3.9 Accrued Depreciation Credits====&lt;br /&gt;
Credit is required for the accrued depreciation of a utility facility that is being replaced. Examples are a building, structure, pumping station, filtration plant, power plant, substation, or other similar operational unit. Credit for accrued depreciation will not be required for a segment of the utility&#039;s service, distribution, or transmission lines. It is also not required when the building or structure is being moved as necessitated by the highway project. Acceptable accrued depreciation credit will be determined by using the following formula:&lt;br /&gt;
&amp;lt;math&amp;gt;\frac{\text{Actual Length of Service of Replaced Facility (Years)}}{\text{Total Estimated Service Life of Replaced Facility (Years)}} x&amp;lt;/math&amp;gt;&amp;lt;span style=&amp;quot;font-family: &#039;Times New Roman&#039;, Times, serif; font-size: 130%;&amp;quot;&amp;gt; Original Cost ($) = Credit ($)&amp;lt;/span&amp;gt;&lt;br /&gt;
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====643.2.9.3.10 Betterment Credits====&lt;br /&gt;
Betterment means the upgrading of the utility facility being relocated, made solely for the benefit of and at the election of the utility owner and is not attributable to the roadway improvement. Credit to the Commission is required for the additional costs incurred for the betterments introduced in the adjusted utility facility. No betterment credit is required for additions or improvements which are:&lt;br /&gt;
* Required by the highway project&lt;br /&gt;
* Replacement devices or materials that are of equivalent standards although not identical&lt;br /&gt;
* Replacement of devices or materials no longer regularly manufactured with next highest grade or size&lt;br /&gt;
* Required by law under governmental and appropriate regulatory commission code&lt;br /&gt;
* Required by current design practices regularly followed by the utility owner in its own work, and there is a direct benefit to the highway project&lt;br /&gt;
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====643.2.9.3.11 Overhead Costs====&lt;br /&gt;
Overhead costs are usually a percentage of the total labor cost. This item must be in accordance with the utility owner’s established accounting procedures, which in some cases may include handling costs or be a percentage of the total cost of the work involved. Additional attention to overhead costs is required when the rate is different from previously accepted rates. Occasionally, it can be difficult to obtain the necessary information at the time of the estimate to approve the overhead rates. In this situation, the estimate can be approved with exception of the overhead rates for payment. The utility owner is informed of this matter with the understanding that the overhead rates could be approved and paid with submission of appropriate supporting data and Financial Services audit review.&lt;br /&gt;
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====643.2.9.3.12 Prorating Costs====&lt;br /&gt;
The need for prorating utility adjustment costs occurs when both the Commission and the utility owner are responsible for a portion of the utility adjustment necessary to allow for highway construction, and the actual costs for reimbursement in each category cannot be explicitly determined. Generally, the following conditions require division of costs:&lt;br /&gt;
* The adjustment is considered partially reimbursable per EPG 643.2.8.3&lt;br /&gt;
* Betterments are included in the necessary adjustment of the utility facility&lt;br /&gt;
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The district utilities staff should negotiate with the utility owner’s representative to determine an equitable basis for the prorating of costs based on the characteristics of the utility adjustment necessary to allow for highway construction.&lt;br /&gt;
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====643.2.9.3.13 Costs Records====&lt;br /&gt;
The estimate should include a statement as to where the utility owner’s cost records may be reviewed. An example: &amp;quot;Company cost records will be available in our office at 2134 Industrial Avenue, Tulsa, Oklahoma&amp;quot;.&lt;br /&gt;
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====643.2.9.3.14 Other====&lt;br /&gt;
Additional statements will explain or further clarify the work that is included. Such other items may include bypasses, special equipment, need for larger utility facilities, etc.&lt;br /&gt;
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==643.2.10 Schedule==&lt;br /&gt;
Timely adjustments of utility facilities are essential for efficient completion of highway construction projects. Ideally, all utility adjustments are completed prior to a project’s Plans, Specifications, and Estimate (PS&amp;amp;E) submittal to Central Office. Depending on the specifics of the highway construction and utility adjustment necessary, early completion of the utility adjustment may not be practical. The district utilities staff should negotiate with the utility owner to determine the schedule parameters necessary for the utility adjustment. At a minimum, the utility owner should document the dates it anticipates starting and completing the work. If a utility adjustment depends upon the completion of a portion of the highway construction, the necessary milestone for starting the utility adjustment should be documented along with an anticipated number of working days to complete the utility adjustment. The schedule is included as Exhibit “C” to the agreement.&lt;br /&gt;
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==643.2.11 Pre-Audits==&lt;br /&gt;
The district utility staff performs a pre-audit review and approval prior to preparation of the agreement. A pre-audit checklist should be completed and saved in MoProjects.&lt;br /&gt;
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==643.2.12 Utility Agreements==&lt;br /&gt;
Whenever the Commission is responsible for the cost of the necessary adjustments to allow highway construction, an agreement is required. If a Master Reimbursable Utility Agreement (see EPG 643.2.12.2) has not been executed with the utility owner, a Project Specific Agreement (see EPG 643.2.12.3) is executed between the utility owner and the Commission. In some cases, it may be more practical for the Commission to include adjustment of utilities into a Commission administered contract. A Utility Agreement - Actual Cost (For Utility Work That is to be Included in the Missouri Highways and Transportation Commission&#039;s Road Project) (see EPG 643.2.12.4). Agreements include a plan of adjustment (Exhibit “A”), cost estimate (Exhibit “B”), and schedule (Exhibit “C”).&lt;br /&gt;
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The Utility Agreement boilerplate forms have been approved by the Chief Counsel’s Office (CCO). They are identified in the upper left-hand corner of each agreement by an identifier such as CCO Form: UT01 for the Master Reimbursable Utility Agreement. CCO updates these agreements as necessary. They serve as a guide in the preparation of the agreement to be executed with the utility owner for the adjustments required to their utility facilities to accommodate the proposed roadway improvement project. District utilities staff should use the latest version of the agreement found in eAgreements in drafting an agreement with utility owners. A list of utility agreements and detailed information concerning the sequence for preparing and executing an agreement is available in EPG 153 Agreements and Contracts.&lt;br /&gt;
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These forms are to be used word for word. Revisions or additions are only made to address specific project details. The intent of each paragraph must be retained, although specific words may be revised to fit the particular situation. No paragraphs are deleted without prior approval from CCO. For guidance on acceptance of liability, refer to the Acceptance of Liability Policy at the CCO SharePoint page. Drafts of agreements having major revisions or complications are to be submitted, with supporting data, to Design Division for comment and approval.&lt;br /&gt;
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A reference to 23 CFR 645 is included in all agreements. Utility owners must be acquainted with these requirements and procedures. The incorporation of 23 CFR 645 by reference in all agreements eliminates the need for a second set of regulations to be included in the document.&lt;br /&gt;
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The agreement for the adjustment of a utility is prepared by the district utilities staff and submitted to the utility owner for execution. The agreement is based on the plan, estimate of cost which was prepared in accordance with 23 CFR 645, and schedule. Authorized individuals representing the utility owner will execute the agreement. The agreement must be signed, sealed, and if necessary, notarized by the utility owner. If the utility owner does not have or use a corporate seal, write &amp;quot;NO SEAL&amp;quot; under the signatures of the owner’s officers. Agreements with political subdivisions are to be supported by an appropriate ordinance, a copy of which is to be submitted with the executed agreements. All copies will be forwarded to the CCO for further handling. A fully executed copy of the agreement will be retained in eAgreements. If the agreement was executed using electronic signatures, the district utilities staff should forward an electronic copy of the fully executed agreement to the utility owner. If the agreement was executed using wet signatures, one (1) paper copy of the fully executed agreement will be returned by the Commission Secretary’s Office to the district utilities staff. The district utilities staff will forward this copy to the utility owner.&lt;br /&gt;
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===643.2.12.1 Buy America Build America Requirements===&lt;br /&gt;
All agreements contain information on Buy America Build America (BABA) compliance. The utility owner should select the method of certification (See EPG 643.2.19) at the time of agreement completion. The appropriate paragraph will be inserted into the agreement. All BABA compliance documents must be retained by the utility owner and made available upon request at no cost to the Commission and/or FHWA.&lt;br /&gt;
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====643.2.12.1.1 Utility Owner Self-Certification====&lt;br /&gt;
The City/Company certifies that when determining products/materials subject to Buy America Build America requirements to use in the performance of this Agreement, it shall use only such products/materials for which it has received a certification from its supplier, or provider of construction services that procures the product/material, certifying compliance with Buy America Build America requirements. This does not include products/materials for which waivers have been granted pursuant to 23 CFR 635.410. The City/Company will not be required to provide the Commission copies of the supplier certification as part of this Agreement or with the final invoice of said Commission’s Federal-Aid Highway Construction Project.&lt;br /&gt;
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====643.2.12.1.2 Vendor/Manufacturer Certification====&lt;br /&gt;
The City/Company certifies that when determining products/materials subject to Buy America Build America requirements to use in the performance of this Agreement, it shall use only such products/materials for which it has received a certification from its supplier, or provider of construction services that procures the product/material, certifying compliance with Buy America Build America requirements. This does not include products/materials for which waivers have been granted pursuant to 23 CFR 635.410. The City/Company shall provide to the Commission all Buy America compliance documents as outlined in the Commission’s Engineering Policy Guide 643. All required compliance documents shall accompany the final invoice submitted to the Commission.&lt;br /&gt;
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===643.2.12.2 Master Reimbursable Utility Agreements===&lt;br /&gt;
The UT01: Master Reimbursable Utility Agreement (MRUA) is a statewide agreement that has been executed by the utility owner and the Commission for all future reimbursable utility adjustments between both parties. Once a MRUA is executed, no other utility agreements are required on design-bid-build projects. The district utilities staff should encourage utility owners to enter into a MRUA with the Commission to reduce potential future delays in executing a project specific agreement. A list of previously executed Master Reimbursable Utility Agreements is available. District utilities staff should add newly executed agreements to this list. The MRUA can be employed as either an actual cost (EPG 6432.12.3.1) or lump sum (EPG 643.2.12.2.2) agreement. When the reimbursable adjustment will utilize a MRUA, the district utilities staff will prepare a MRUA correspondence letter (“letter agreement”) referencing the executed MRUA. A copy of the MRUA correspondence letter should be saved in MoProjects for reference by Financial Services, the district construction office, and the district staff responsible for inspection of utility adjustments. All project specific items such as type of agreement (actual cost or lump sum), plan of adjustment, estimated total cost, cost allocation, and schedule are addressed in the MRUA correspondence letter from the district utilities staff to the utility owner. A flowchart of the MRUA process is available.&lt;br /&gt;
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===643.2.12.3 Project Specific Agreements===&lt;br /&gt;
If a utility owner does not have a MRUA with the Commission, a project specific agreement will be required for every project for which the Commission is responsible for the necessary adjustments to allow highway construction. The project specific agreement will be either an actual cost (EPG 643.2.12.3.1) or lump sum (EPG 643.2.12.3.2) agreement.&lt;br /&gt;
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====643.2.12.3.1 Actual Cost Agreements====&lt;br /&gt;
The UT03: Utility Agreement – Actual Cost is used when detailed estimates are not practical or costs appear to be questionable. Details on actual cost estimates can be found at EPG 643.2.9.2.1 Actual Cost Estimates. Once the final invoice on a UT03 is submitted to Financial Services, district utilities staff should change the status on the agreement in eAgreements to completed.&lt;br /&gt;
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====643.2.12.3.2 Lump Sum Agreements====&lt;br /&gt;
The UT02: Utility Agreement – Lump Sum eliminates the need for keeping detailed records of cost and the auditing of cost records. Estimates of cost must be prepared in detail for use of this agreement. When detailed estimates are not practical or costs appear unreasonable, actual cost agreements are to be used. Use of special forms of agreements, such as &amp;quot;subordination agreements&amp;quot;, which are desired by certain utility owners, is acceptable. These, too, must be revised to cover the particular situation. Details on lump sum estimates can be found at EPG 643.2.9.2.2 Lump Sum Estimates. Once the final invoice on a UT02 is submitted to Financial Services, district utilities staff should change the status on the agreement in eAgreements to “completed”.&lt;br /&gt;
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===643.2.12.4 Agreement for Utility Work Included in Roadway Improvement Project===&lt;br /&gt;
The UT04: Utility Agreement - Actual Cost (For Utility Work That is to be Included in the Missouri Highways and Transportation Commission&#039;s Road Project) allows for the adjustment to be based on actual cost with the roadway contractor performing the utility work. Caution should be exercised in the type of utilities to be relocated in roadway contracts. Utilities recommended are waterlines and sewer lines. Other utilities, such as gas lines, communication lines, and power lines are to be studied thoroughly before being included in the project.&lt;br /&gt;
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The Transportation Project Manager and district utilities staff must plan ahead to get this work in the roadway contract. The utility owner must agree to include the utility adjustment in the roadway contract. The adjustment may be on highway right of way or on private easement in the name of the utility owner. The utility owner can agree to allow MoDOT’s contractor to work in its easement. However, district utilities staff in consultation with district right of way staff should review the easement documentation to verify the utility owner’s rights to the easement and any limitations on its use. MoDOT’s contractor can work and operate on both Commission right of way and on the utility easement, even when not directly connected to the Commission right of way, as part of the job site. Temporary construction easements may be necessary in addition to the utility easement to ensure adequate working room for the contractor.&lt;br /&gt;
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:The utility owner may request exemption to any liability for negligence of our contractor working on their easement. The Commission can assume that liability (refer to Acceptance of Liability Policy), but it should be included in the utility agreement if so desired by the utility owner. A Job Special Provision is necessary to require the MoDOT contractor to hold the utility harmless from all claims due to contractor negligence.&lt;br /&gt;
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Subsurface information, i.e. boring data, etc., should be obtained by the utility owner since it may be needed for the design of the utility adjustment. This information should be included in the plans. If the utility owner must bear all or part of the cost of the adjustment, the utility owner must agree to pay a pre-deposit to the Commission prior to opening bids on the project. This should be in the utility agreement. The pre-deposit will be credited to the &amp;quot;Missouri Highway and Transportation Commission - Local Fund.&amp;quot; Any interest earned in the fund will apply to the cost of the adjustments. The utility agreement will include language that the utility will inspect the installation and assume maintenance of the utility facility after construction. MoDOT will also provide engineering supervision to be sure the road contractor is in compliance with the contract. Utility plans and specifications are to be approved by the owner prior to submittal to the Central Office. The following items will provide minimum information to allow MoDOT’s contractor to bid the work.&lt;br /&gt;
# Individual bid items (not &amp;quot;lump sum&amp;quot;) should be established to promote better bidding and to handle overruns and underruns. Bid items not included on the Computer Stored Bid Item list should be &amp;quot;99&amp;quot; numbers.&lt;br /&gt;
# he bid package must be in our letting format. If the package was prepared by a consultant as if the utility owner were going to let it, all bid bond or bidding procedures must be screened to remove requirements contrary to MoDOT letting requirements. District utilities staff should work with the Transportation Project Manager, Design Liaison Engineer, and Central Office Bidding and Contract Services to ensure this requirement is met.&lt;br /&gt;
# The specifications required by the utility owner should be reviewed for items that could cause a bid problem for our contractor. Items such as non-readily available materials or sizes should be avoided.&lt;br /&gt;
# Utility plan sheets should be .pdf files equivalent to 22 in. x 34 in. It is helpful to have a quantity sheet specifically for utility items.&lt;br /&gt;
# Any special procedures required for the utility installation should be included in the Job Special Provisions.&lt;br /&gt;
# The utility package should be submitted on-time to Central Office with other project plans.&lt;br /&gt;
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===643.2.12.5 Agreement for a Utility Only Project===&lt;br /&gt;
Any of the above agreements can be modified for a utility only project separate from the roadway project. The utility only project may be done by forces hired by the utility owner or by the Commission. A separate utility only project has distinct advantages when the following occurs:&lt;br /&gt;
* The utility work is extensive&lt;br /&gt;
* It must be performed in accordance with the utility owner’s seasonal requirements&lt;br /&gt;
* It extends beyond the limits of the construction project&lt;br /&gt;
* It must be performed considerably in advance of the roadway contract&lt;br /&gt;
&lt;br /&gt;
Necessary environmental and design work is still required for the limits of the separate utility only project. It may be necessary in these cases to have a second agreement with the utility owner to cover any other work that must be performed concurrently with the roadway contract. These latter agreements will use the roadway construction job number. Early need for utility projects is to be determined at the time when the STIP is updated each year. The utility construction funds will be shown in the year right of way funds are assigned. This will be done whenever possible to secure early adjustment of utility facilities. A request by the district is sent to the Planning Division. Estimated dollar amounts for utility adjustments are needed. These are estimates and do not need to be extremely accurate. When a special utility project is established, it is preferred, if at all possible, to include all the utility adjustments necessary for the entire roadway project. If funds are available, additional agreements can be added to this utility project until the final invoice for the first completed agreement is received for payment.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.6 Supplemental Agreements===&lt;br /&gt;
For utility owners with a UT01 agreement, a supplemental letter agreement documenting the change in the scope or cost of the work is acceptable.&lt;br /&gt;
&lt;br /&gt;
The UT05: First Supplemental Agreement is used to document changes to UT02 and UT03 agreements. If changes to the scope of work occur that are anticipated to exceed $100,000 or 15% of the original agreement, a UT05 is required. If the final invoice on an actual cost adjustment without changes in the scope of work exceeds the limits shown in the table below, a UT05 is required.&lt;br /&gt;
&lt;br /&gt;
{| class=&amp;quot;wikitable&amp;quot; style=&amp;quot;margin-left: 25px; text-align:center&amp;quot;&lt;br /&gt;
! Amount in Original Actual Agreement !! Final Bill Total Exceeds Original Amount by:&lt;br /&gt;
|-&lt;br /&gt;
| 0-$25,000 || 50%&lt;br /&gt;
|-&lt;br /&gt;
| $25,000-$100,000 || 40%&lt;br /&gt;
|-	&lt;br /&gt;
| Exceeds $100,000 || 30%&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
Should multiple UT05s be required with the same utility owner, the UT05 should be modified for additional supplemental agreements. Once the final invoice on an UT05 is submitted to Financial Services, district utilities staff should change the status on the agreement in eAgreements to “completed”.&lt;br /&gt;
&lt;br /&gt;
==643.2.13 Utility Adjustments in Roadway Plans and Job Special Provisions (JSPs)==&lt;br /&gt;
It is the responsibility of the MoDOT Transportation Project Manager (TPM) to ensure utility plans of adjustment are shown on the project plans at the Plan, Specification, and Estimate (PS&amp;amp;E) stage based upon information coordinated by the district utilities staff with the appropriate utility owner.&lt;br /&gt;
&lt;br /&gt;
===643.2.13.1 Plans===&lt;br /&gt;
A legend showing all applicable utility symbols and the names of the utility owners is shown on the first special utility sheet. In the absence of special utility sheets, this information may be shown on the title sheet or the first plan and profile sheet. The following note is required to be placed on the title sheet or the first plan and profile sheet and the first special utility sheet (if used) to inform contractors of the suitability of the utility information contained on the plans.&lt;br /&gt;
&lt;br /&gt;
&amp;quot;The existence and approximate location of utility facilities known to exist, as shown on the plans, are based on the best information available to the Commission at this time. This information is provided by the Commission &amp;quot;as-is&amp;quot; and the Commission expressly disclaims any representation or warranty as to the completeness, accuracy, or suitability of the information for any use. Reliance upon this information is done at the risk and peril of the user, and the Commission shall not be liable for any damages that may arise from any error in the information&amp;quot;.&lt;br /&gt;
&lt;br /&gt;
===643.2.13.2 Job Special Provisions===&lt;br /&gt;
Since the addition of utility information on the plans, supplied by a third party, could subject the Missouri Highway and Transportation Commission to additional liability, a Utility JSP reflecting the status of utility adjustments will be required. The JSP will include the name, address, e-mail address, and telephone number of all utility owner representatives for all utility facilities located on the project. The anticipated adjustment completion date for each utility adjustment is also to be shown based on the agreed upon dates, durations, or completion dates with the utility owner’s representative. This information will inform the bidder of the status of utilities for proper work coordination that could affect the bids for the proposed highway construction project. Status notations will include general notations such as: “N/A”, “Work is in progress”, “Work has not started”, “Work is complete”, and “Work is included in contract.”&lt;br /&gt;
&lt;br /&gt;
===643.2.13.3 PS&amp;amp;E Submittal===&lt;br /&gt;
In the District Final Plans Submittal Checklist (D-12), the TPM should note any issues related to existing utility facilities or the adjustment of utility facilities either shown or not shown on the plans. Projects with “No Utility Impacts” such as some overlays, striping, bridge washing, etc. do not need a Utility Status Letter or Utility JSP. The D-12 is used for these projects. In the D-12, under Project Details – “Utilities”, the note “NO” is selected and under “Status”, select “Clear”. For all other projects, the district utilities staff will write a Utility Status Letter. The TPM will include the Utility Status Letter with the submittal of the final plans to the Design Division. The Utility Status will be defined as:&lt;br /&gt;
# Utility facilities are present, but no conflict is anticipated with the highway construction project. Or,&lt;br /&gt;
# All utility facilities requiring adjustment to allow highway construction have been physically adjusted on the project. Or,&lt;br /&gt;
# Utility construction work is planned or active and will be completed to such a point that no impact will be expected to the highway construction project. The status of this work is defined in the utility JSP. Or,&lt;br /&gt;
# Utility facilities are not expected to be adjusted by the notice to proceed date for the road project, but the utility work will have no impact on the progress of the highway construction project. The status of this work is defined in the utility JSP. Or,&lt;br /&gt;
# Utility facilities must be adjusted after the road contractor completes stage construction or in coordination with the contractors’ work. Details of the coordination effort required of the contractor are defined in the utility JSP to properly advise bidders. Or,&lt;br /&gt;
&lt;br /&gt;
# Utility adjustment plans and specifications are included in the bid documents for the highway construction project. A UT04 agreement must be executed.&lt;br /&gt;
&lt;br /&gt;
==643.2.14 Payment to Utility Companies for Reimbursable Work==&lt;br /&gt;
Authorization and federal funding obligation must be approved prior to incurring costs. This applies to all types of work on utility facilities including preliminary engineering. An obligation is a commitment by the federal government to reimburse MoDOT for the federal share of a project’s eligible cost.&lt;br /&gt;
&lt;br /&gt;
===643.2.14.1 Obligation Process===&lt;br /&gt;
Federal funding can be used with both lump sum and actual cost agreements. After the utility agreement is fully executed, the district utilities staff will email a copy of the utility agreement or the letter agreement referencing the MRUA to the email group OBLIGATE. This email should request the authorization authority for use of federal funds and to be informed of a Notice to Proceed (NTP) (see EPG 643.2.15) date by Financial Services once federal funding has been obligated. District utilities staff should allow three (3) weeks to receive the NTP. Financial Services will use Advance Construction (AC) funding to fund reimbursement to utility owners. With AC funding, state funds initially are used to pay for reimbursement to utility owners. Once construction is complete, with appropriate documentation of the work via the C-9 and C-13, Financial Services will convert to federal funding.&lt;br /&gt;
&lt;br /&gt;
===643.2.14.2 Preliminary Engineering===&lt;br /&gt;
On occasion, preliminary engineering (PE) may need to be undertaken by the utility owner prior to the execution of a utility agreement. If a utility owner has a MRUA, an estimate of the cost of the PE work by the utility owner may be used to obligate funding for preliminary engineering under the MRUA as a PE only letter agreement. If a lump sum or actual cost agreement will be required with the utility owner for the project, district utilities staff should do two (2) agreements with one agreement covering PE only, and once a design for the adjustment is obtained, a second agreement for the construction of the adjustment should be executed. If a separate PE only agreement is obtained, NTP will need to be issued twice to the utility owner: once for PE and once for construction.&lt;br /&gt;
&lt;br /&gt;
===643.2.14.3 Right of Way===&lt;br /&gt;
Once Notice to Proceed has been given, the utility owner may begin the right of way acquisition process. If the utility owner needs to acquire right of way prior to a full agreement for relocation has been negotiated, the agreement specifically for the acquisition of right of way should be executed. This agreement will be sent to Financial Services to begin the obligation process.&lt;br /&gt;
&lt;br /&gt;
===643.2.14.4 Construction===&lt;br /&gt;
Payment to utility owners for construction of the adjustment may occur in a number of phases.&lt;br /&gt;
&lt;br /&gt;
====643.2.14.4.1 Prepayment====&lt;br /&gt;
Per the utility agreement, the Commission allows utility owners to be prepaid prior to commencing work. The district utilities staff may negotiate the prepayment if the utility owner is receptive. The utility owner will submit a request for prepayment with an invoice prior to any prepayment. Route, county, and job number must be included in the request. The district utilities staff will submit a request to Financial Services with a copy saved in MoProjects for future reference by the district staff responsible for inspection of the utility adjustment.&lt;br /&gt;
&lt;br /&gt;
====643.2.14.4.2 Progress Payments====&lt;br /&gt;
If a utility owner has not been prepaid the entire estimated amount in the utility agreement, then the utility owner may request progress payments after completing a portion of the proposed work, including PE.&lt;br /&gt;
&lt;br /&gt;
Progress payments for PE by consultants should not exceed the &amp;quot;maximum not to exceed amount&amp;quot; shown in the cost estimate unless additional costs are approved first by district utilities staff.&lt;br /&gt;
&lt;br /&gt;
For progress payments, the utility owner is required to submit only a summary of work and materials for which payment is claimed, not a detailed billing. District utilities staff should check only to be sure that sufficient work has been done to justify making the requested payment. Payment should be made for allowable costs incurred up to the date of the progress payment request.&lt;br /&gt;
&lt;br /&gt;
Progress payment invoices do not relieve the utility owner of the responsibility of submitting one complete and final invoice upon completion of the adjustment. The utility owner’s address must be shown on the invoice. The district utilities staff should submit progress payment invoices and applicable C-9s to Financial Services within one (1) week of receipt of invoice.&lt;br /&gt;
&lt;br /&gt;
One copy of the progress payment and one copy of the district utilities staff letter of recommendation must be sent to Financial Services for payment and be stored in MoProjects. The cover memo should include the project number, route, county, actual cost or lump sum utility agreement, Commission obligation percentage, total cost estimate of Commission obligation, and indicate the progress payment number, i.e., progress payment number 1, 2, 3, etc. If more than one progress payment is requested by the utility company, the district should submit progress payment bills to Financial Services in the following format:&lt;br /&gt;
{| class=&amp;quot;wikitable&amp;quot; style=&amp;quot;margin-left: 25px; text-align:center&amp;quot;&lt;br /&gt;
! Payment !! Amount&lt;br /&gt;
|-&lt;br /&gt;
| Progress Payment #1 || $50,000&lt;br /&gt;
|-&lt;br /&gt;
| Progress Payment #2 || 10,000&lt;br /&gt;
|-	&lt;br /&gt;
| Total Payment to Date || $60,000&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
This format will help clarify payment history with the utility owner. Progress payments for actual cost utility agreements may not exceed the Commission&#039;s total estimated cost shown in the agreement. However, if the request for a progress payment exceeds the original estimate, a change order with explanation should accompany the request. (See EPG 641.2.16.5 Change Orders.)&lt;br /&gt;
&lt;br /&gt;
====643.2.14.4.3 Final Payment====&lt;br /&gt;
Utility owners are required to submit a detailed final invoice to MoDOT for all actual cost reimbursable utility work and for any lump sum reimbursable utility work that was not prepaid. For prepaid lump agreements, the utility owner must submit a zero-dollar ($0) invoice to demonstrate the work has been completed. After the utility work has been fully completed, the district utilities staff responsible for inspection should send the utility owner a “60 Day” Final Acceptance Letter requesting a complete final invoice within 60 days, as detailed in the utility agreement. If the final invoice is not received from the utility owner within 30 days, then a follow up letter should be sent (i.e., “30 Day” Reminder Final Invoice Letter) reminding the utility owner of its obligation to submit a final invoice within 60 days of the completed work. If a final invoice from the utility owner is not received within this timeframe, then the district utilities staff should contact the Design Liaison Engineer for guidance on how to close out the work.&lt;br /&gt;
&lt;br /&gt;
The district utilities staff is expected to check the final bill within two (2) weeks after receipt in as much detail as possible against the C-9. It is their responsibility to verify from field records the quantities of labor, equipment, material used, material retired, and to justify all changes made. If the utility owner’s contractor made the adjustment at unit cost prices, then it is the district utility staff’s responsibility to verify the number of units completed and not the hours of labor and equipment. It is also important for the utility owner to show the words “final bill” or “final invoice” on the last bill, in order for MoDOT to understand that no additional charges will be made on the adjustment. The final bill must show a general description of the utility adjustment, the highway project number, the date on which work was completed or last item of billed expense was incurred, and the location where records can be audited. The order of items in the final statement should follow as closely as possible the order of items in the original estimate. A summary, on the utility owner’s letterhead, of the total cost of preliminary engineering, construction engineering, right of way, labor, overhead, construction travel expense, transportation, equipment, materials, supply, handling, and salvage credits should be shown in a way that will permit direct comparison with the approved estimate from the original or supplemental agreements (see EPG 643.2.12.6).&lt;br /&gt;
&lt;br /&gt;
If the Actual Cost final invoice shows a much higher cost than the original estimate without scope change, the utility owner is required to give reasons in a letter to the district utilities staff explaining why the invoice cost increased. When the Actual Cost final invoice exceeds the amount shown in the table in EPG 643.2.12.6, a supplemental agreement is required.&lt;br /&gt;
&lt;br /&gt;
When the district utilities staff has determined that the final invoice is accurate, the C-13 should be completed. Once the C-13 is completed, the C-13 and the final invoice from the utility owner are forward to Financial Services. For Actual Cost agreements, the C-9s should also be included in this transmittal. If no additional payments are required, the district utilities staff should note this in the transmittal as well. If the final invoice indicates previous payments to a utility owner exceeded the final invoice, the utility owner will need to send MoDOT a check for the overpayment amount. The check should be made payable to Director of Revenue – Credit State Road Fund. If the utility owner did not send MoDOT an overpayment check with the final invoice, district utilities staff should send a letter to the utility owner requesting the refund amount. Submittal of the final invoice to Financial Services should not occur until repayment has been received. The submittal to Financial Services should note the receipt of the repayment check.&lt;br /&gt;
&lt;br /&gt;
==643.2.15 Notice to Proceed==&lt;br /&gt;
For PE only, once an agreement has been executed, and Financial Services has advised that authorization from FHWA has been received, district utilities staff will issue a notice to proceed (NTP) letter to the utility owner for the PE. For agreements that include PE and construction or once a final agreement for construction has been executed, right of way clearance has been issued, and Financial Services has advised that authorization from FHWA has been received, the district utilities staff will issue NTP to the utility owner for construction. See Example of Notice to Proceed Letter. If salvage credit is part of the agreement with the utility owner, the NTP letter should include a statement that the utility owner will need to inform district utilities staff of the time and place that inspection may be made of the removed material. The utility owner may be held accountable for full value of materials disposed without proper notice. Utility owners may purchase materials prior to NTP for construction; however, no other work on the adjustment necessary to allow highway construction may begin prior to NTP for construction. The utility owner, for reasons of planning their workload or due to seasonal situations, may request early authorization to perform the work. This request, with the district utilities staff recommendations, is sent to the Design Liaison Engineer for further handling, approval, and advancement of the necessary funds. A copy of the NTP should be saved in MoProjects. If a utility owner begins adjustments prior to NTP for construction, district utilities staff should notify the utility owner immediately in writing that reimbursement will not be made for work done prior to NTP for construction.&lt;br /&gt;
&lt;br /&gt;
==643.2.16 Construction of Utility Adjustments==&lt;br /&gt;
===643.2.16.1 Utility Owner Self-Perform===&lt;br /&gt;
As per 23 CFR 645.115 Construction, it may be cost-effective for certain utility adjustments to be performed by a utility owner with its own internal forces and equipment, provided the utility owner is qualified to perform the work in a satisfactory manner. This cost-effectiveness finding covers minor work on the utility owner’s existing utility facilities routinely performed by the utility owner with its own forces.&lt;br /&gt;
&lt;br /&gt;
===643.2.16.2 Construction Contract Requirements===&lt;br /&gt;
When the utility owner is not adequately staffed and equipped to perform such work with its own forces and equipment at a time convenient to coordination with the associated highway construction, such work may be done one of four ways for utility adjustments:&lt;br /&gt;
# MoDOT can provide the construction services, via awarded contract to the lowest qualified bidder based on appropriate solicitation. This can be done by including the adjustment work in the roadway improvement project (EPG 643.2.12.4 Utility Agreement for Utility Work Included in Roadway Improvement Project) or by having a utility only project (EPG 643.2.12.5 Utility Only Project).&lt;br /&gt;
# The utility owner can award a construction contract to the lowest qualified bidder based on appropriate solicitation.&lt;br /&gt;
# The utility owner can utilize an existing continuing contract, provided the costs are reasonable (see EPG 643.2.9.1 Independent Cost Estimate).&lt;br /&gt;
# The utility owner can contract for low-cost incidental work, such as tree trimming and the like, without competitive bidding, provided the costs are reasonable (see EPG 643.2.9.1 Independent Cost Estimate).&lt;br /&gt;
&lt;br /&gt;
When a utility owner chooses option 2 to award its own new construction contract, the utility owner must provide the following documents and information to the district utilities staff. These documents need to be provided as soon as the utility owner has chosen to pursue a construction contract. Document 1 must be supplied by all utility owners. Documents 2 and 3 are only required when the utility owner is a local government agency who is also a political subdivision of the state of Missouri (e.g., city-owned utilities, county-owned utilities). All other utility owners are encouraged, but not required, to provide Documents 2 and 3.&lt;br /&gt;
# A statement that the utility owner is not staffed or able to perform the required construction activities with its own forces.&lt;br /&gt;
# A copy of the request for proposal used to secure bids.&lt;br /&gt;
# A list of a minimum of 3 bidders whom they believe can do the work. &#039;&#039;&#039;Political subdivisions are required to advertise for the work&#039;&#039;&#039;.&lt;br /&gt;
# Upon review of these documents, the district utilities staff will advise the utility owner to proceed with the solicitation of bids, but the utility owner will not be permitted to award the contract without the concurrence of district utilities staff. For lump sum agreements, approval of contract work and subcontract work is not required.&lt;br /&gt;
&lt;br /&gt;
The following documents need to be provided as soon as the utility owner has determined the lowest qualified contractor and would like to award the project. Document 1 must be supplied by all utility owners. Document 2 is only required when the utility owner is a local government agency who is also a political subdivision of the state of Missouri (e.g., city-owned utilities, county-owned utilities). All other utility owners are encouraged, but not required, to provide Document 2.&lt;br /&gt;
# The name address of the lowest qualified contractor.&lt;br /&gt;
# The tabulation of bids received and other information to support their recommendation for award to the lowest qualified bidder.&lt;br /&gt;
&lt;br /&gt;
The district utilities staff will review and approve the utility owner&#039;s bid information prior to the award of the contract. The Design Liaison Engineer is available to assist the district with review of bid information if necessary. Once the district utilities staff provides concurrence, the utility owner may proceed with awarding the contract. When the utility owner is a local government agency who is also a political subdivision of the state of Missouri (e.g., city-owned utilities, county-owned utilities), a copy of the executed contract must be shared with the district utilities staff. All other utility owners are encouraged, but not required, to provide a copy of the executed contract.&lt;br /&gt;
&lt;br /&gt;
A checklist is available for reviewing contracts to ensure the contract conforms to MoDOT policy and complies with applicable federal regulations.&lt;br /&gt;
&lt;br /&gt;
When a utility owner chooses to utilize a an existing continuing contract, the utility owner will submit a copy of the contract to the district utilities staff. The district utilities staff will review the contract for reasonableness of cost. If district utilities staff and the utility owner’s representative cannot agree on the reasonableness of cost, then the utility owner will be required to award a new construction contract.&lt;br /&gt;
&lt;br /&gt;
===643.2.16.3 Inspection===&lt;br /&gt;
The degree of inspection needed for utility adjustments will vary considerably with the nature and location of the work and whether the Commission is responsible for any portion of the cost of reimbursement. Judgment must be used regarding the manner and regularity of inspection duties. Some phases of the work require a very close check to ensure that the highway will not be adversely affected and to ensure satisfactory performance of work in accordance with the agreement and plans. The degree of inspection may vary from spot checking of overhead installations to continuous close observation of backfilling trenches beneath proposed pavement, embankment area, or adjacent to bridge abutments. Proper inspection can ensure that the utility adjustment is completed as efficiently as possible to minimize future impacts to the utility facility and the highway construction project. A [https://epg.modot.org/forms/general_files/DE/UtilityFieldInspectionChecklist.docx Field Inspection Checklist] to assist district utilities staff responsible for inspection is available.&lt;br /&gt;
&lt;br /&gt;
If it is found that any actual cost reimbursable utility adjustment is being performed by unapproved contractors, district utilities staff should direct the work to stop. The utility owner’s representative should be informed immediately and should be advised in writing that the costs incurred by an unapproved contractor are not eligible for reimbursement under provisions of the agreement. The district utilities staff can take appropriate steps to approve a subcontract and advise when the utility owner can recommence work.&lt;br /&gt;
&lt;br /&gt;
===643.2.16.4 Documentation===&lt;br /&gt;
All documents related to the construction of the utility adjustment necessary to allow highway construction should be stored in MoProjects.&lt;br /&gt;
&lt;br /&gt;
Construction records must be kept to confirm that work is done in accordance with the terms of the agreement and in the manner proposed in the plans. The importance of a complete and accurate record cannot be overemphasized. Detailed records are necessary to support the recommendation for payment of the final invoice. A complete, separate daily record must be kept on each actual cost adjustment and submitted for review when the final invoice is recommended for payment. This district utilities staff responsible for inspection should complete the Daily Utility Report (C-9).&lt;br /&gt;
&lt;br /&gt;
====643.2.16.4.1 Utility Reports====&lt;br /&gt;
The Daily Utility Report ([https://epg.modot.org/forms/general_files/DE/C-9.docx Form C-9]) and the Final Utility Report ([https://epg.modot.org/forms/general_files/DE/C-13.docx Form C-13]) are used for documenting utility adjustments necessary to allow highway construction. The use of C-9s and C-13s will vary with method of reimbursement. For utility adjustments necessary to allow highway construction that overlap with the highway contractor’s work, progress records should be kept as necessary to coordinate the highway and utility construction activities. Sufficient records must be maintained to check and verify the items of labor, equipment, materials, and salvaged items as submitted on the final invoice.&lt;br /&gt;
&lt;br /&gt;
=====643.2.16.4.1.1 Daily Utility Report (C-9)=====&lt;br /&gt;
C-9s are only required for actual cost agreements. The district utilities staff responsible for inspection must in all cases keep records to document inclement weather, down time, and verbal authorization for minor changes. The district utilities staff responsible for inspection must complete a C-9 documenting the number and classification of employees and number of hours worked. Records of material used and of retired materials returned to stock or scrapped must be kept. The utility owner’s major items of equipment must also be recorded. When work is done by the contract method based on unit prices, the district utilities staff responsible for inspection should ascertain that units of work as provided in the bid proposal are measured and recorded to form a basis for checking the final invoice. C-9s should list the location and the number of units of work accomplished for that period. If contract labor or equipment is used by a utility owner on the basis of a bid per hour, per day, etc., it will be necessary to keep records on this labor or equipment time in the same manner as if the utility owner were performing the work with its own internal forces. District utilities staff responsible for inspection should also note all contractors working for the utility owner and the contractor approval authorization dates given in the agreement.&lt;br /&gt;
&lt;br /&gt;
=====643.2.16.4.1.2 Final Utility Report (C-13)=====&lt;br /&gt;
C-13s summarize that the utility adjustment work that was done in accordance with the agreement and plans, the percentage of total cost that is the responsibility of the Commission, and any progress payments that have been made. A C-13 is required for both actual cost and lump sum agreements. The requested numbers shown on line 9 (Commission Estimated Cost) and line 10 (Amount of Final Bill) in the report are the Commission’s total responsibility.&lt;br /&gt;
&lt;br /&gt;
====643.2.16.4.2 Breakdown and Emergency====&lt;br /&gt;
When breakdown and emergency situations occur, prior approval by MoDOT is not required for contract or equipment rental work unless the cost or period of time will be extensive. The utility owner should furnish a letter as soon as possible to explain the situation and set out the estimated costs involved. The district utilities staff’s records should substantiate the need and the changes for personnel and equipment.&lt;br /&gt;
&lt;br /&gt;
====643.2.16.4.3 Stop Work====&lt;br /&gt;
If at any point, a stop work order is given by MoDOT to a utility owner, written documentation of the stop work order should be saved in MoProjects.&lt;br /&gt;
&lt;br /&gt;
===643.2.16.5 Change Orders===&lt;br /&gt;
Any change in the plan of adjustment should be documented in writing to the utility owner as a change order. If the change order is anticipated to exceed $100,000 or 15% of the original agreement amount, district utilities staff should negotiate a supplemental agreement with the utility owner’s representative. Once a supplemental agreement is in place, district utilities staff should contact Financial Services to obtain an adjustment of the obligation mid-project. Change orders without supplemental agreements will be settled once the project is complete.&lt;br /&gt;
&lt;br /&gt;
====643.2.16.5.1 Actual Cost Agreement====&lt;br /&gt;
Slight modifications in quantities or the addition of minor items not included with the original agreement do not require a supplemental agreement. However, such changes should be documented in writing with the utility owner. A supplemental agreement is needed if costs exceed the above threshold or if there is a change in the percentage of cost that is the Commission’s responsibility on an agreement with shared responsibility for costs. Intermediate partial payments cannot be made on items in a supplemental agreement until the supplemental agreement is approved.&lt;br /&gt;
&lt;br /&gt;
====643.2.16.5.2 Lump Sum Agreement====&lt;br /&gt;
A supplemental agreement to a Lump Sum Agreement is only required for significant changes in the scope of work of the utility adjustment necessary to allow highway construction. Normal overruns are not considered as changes in approved work and will not be reimbursed. Significant changes in the scope of work on utility adjustments necessary to allow highway construction cannot be done until the supplemental agreement is approved, and the adjustment in obligation of funds is complete.&lt;br /&gt;
&lt;br /&gt;
==643.2.17 Utilities during Highway Construction==&lt;br /&gt;
The contractor is responsible for having utilities located by contacting Missouri One-Call (811) prior to any excavation on the project. A reminder of this responsibility should be made at the preconstruction meeting.&lt;br /&gt;
&lt;br /&gt;
===643.2.17.1 Preconstruction Meeting (Pre-Con)===&lt;br /&gt;
District utilities staff should be invited to all pre-cons.&lt;br /&gt;
&lt;br /&gt;
Pre-cons fall into three categories relating to utilities:&lt;br /&gt;
# No utility adjustments are anticipated within the project limits,&lt;br /&gt;
# All utility adjustments completed prior to the pre-con, and&lt;br /&gt;
# All utility adjustments not completed prior to the pre-con.&lt;br /&gt;
&lt;br /&gt;
====643.2.17.1.1 No Utility Adjustments Anticipated within the Project Limits====&lt;br /&gt;
For projects without a Utility Job Special Provision (JSP), no involvement of the utility owners is required at the pre-con. For projects with a Utility JSP, the Resident Engineer (RE) should invite all utility owner representatives listed in the JSP with known required adjustment to the pre-con. The RE should review potential impacts of the highway construction project with the contractor and the utility owner.&lt;br /&gt;
&lt;br /&gt;
====643.2.17.1.2 All Utility Adjustments Completed Prior to the Pre-Con====&lt;br /&gt;
The RE should invite all utility owner representatives listed in the JSP with known required adjustment to the pre-con. The RE should review potential impacts of the highway construction project with the contractor and the utility owner. A general discussion should highlight the previous adjustments made by the utility owner and what abandoned utility facilities the contractor may encounter.&lt;br /&gt;
&lt;br /&gt;
====643.2.17.1.3 All Utility Adjustments Not Completed Prior to the Pre-Con====&lt;br /&gt;
It is important for the RE and inspector to understand the utility owner’s work schedule and how it relates to the contractor’s work schedule. During the pre-con, the schedule of the utility owner and highway construction contractor should be discussed, and conflicts should be addressed to allow utility adjustments and highway construction to progress as near to the proposed schedule as possible. On large-scale projects that have many utility issues to address that could impact the work of the highway construction contractor, it may be necessary to have a separate pre-con with utility owner representatives.&lt;br /&gt;
&lt;br /&gt;
===643.2.17.2 Coordination Meetings===&lt;br /&gt;
When the utility work will not be completed soon after the preconstruction meeting, the RE should meet with district utilities staff, the highway construction contractor, and the utility owner representatives on a regular basis to discuss utility coordination issues, so expectations from all parties are known and conveyed clearly. The utility owner may need some work performed by MoDOT or the highway construction contractor prior to completing their adjustments. (Examples include: survey staking of right of way or proposed facilities, trees cleared, grading performed, or new structures built).&lt;br /&gt;
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==643.2.18 Service Drops==&lt;br /&gt;
Power and communication services provided by utility owners are necessary for the operation of the highway system. These services may include power to traffic signals, lighting, or ITS devices; power for cathodic protection; or telecommunication services to signal controllers or ITS devices. The project design teams should work with district utilities staff to identify proper locations for the applicable utility owners to provide these services. Various utility owners have different requirements for this process. The district utilities staff is encouraged to develop a workable relationship with the utility owners who provide these services to MoDOT. The costs of installing the services charged by the utility owner are considered a non-contractual item and should be accounted for in the project’s budget in the STIP. The proposed location and method for the service drops should be shown on the roadway plans. District utilities staff should meet with the utility owner’s representative to ensure the proposed location can be accommodated by the utility owner. For electrical service connections, the power supply assembly is ideally located a maximum of ten feet (10’) from the source location. Plans submitted for PS&amp;amp;E should reflect the agreed upon location for all service connections. During construction, district utilities staff and district construction staff should work together to ensure the placement of the services is consistent with the project plans. Payment for the service drops should be invoiced by the utility owner to the district. District utilities staff is responsible for submission of the invoice directly to Financial Services for payment noting the non-contractual charges for the project.&lt;br /&gt;
&lt;br /&gt;
==643.2.19 Buy America Build America for Utilities==&lt;br /&gt;
FHWA’s Buy America Build America (BABA) policies require a domestic manufacturing process for all steel or iron products, other construction materials, and manufactured products that are permanently incorporated into Federal-Aid Highway construction projects, including products and materials used for adjustments to utility facilities to allow highway construction. These guidelines are for all federally reimbursable transportation projects where FHWA is the lead federal agency; it does not take precedence over projects where Federal Transit Administration or the Federal Railroad Administration is deemed the be the lead federal agency.&lt;br /&gt;
&lt;br /&gt;
===643.2.19.1 Program Requirements for Utilities===&lt;br /&gt;
All MoDOT projects are federal-aid projects, and therefore, all reimbursable utility adjustments are required to follow the provisions of BABA. More information on MoDOT’s BABA policy and procedures can be found in [[106.9_Buy_America_Requirement|EPG 106.9 Buy America Requirement]]. Specifically, utility owners should be aware of the following procedures for determining applicability of the EPG 106.9 requirements to reimbursable utility adjustments necessary to allow highway construction:&lt;br /&gt;
* BABA does not apply when materials are relocated from one location to another within the project limits.&lt;br /&gt;
* BABA does not apply for materials necessary for temporary utility adjustments assuming materials are removed from the right of way upon completion of the utility adjustment to allow highway construction.&lt;br /&gt;
* Non-reimbursable work must be kept separate from reimbursable work (agreements, permits, etc.) in order to not be subject to BABA.&lt;br /&gt;
&lt;br /&gt;
===643.2.19.2 Certification Requirements for Utilities===&lt;br /&gt;
Utility owners have the option of choosing either to self-certify BABA compliance or provide vendor/manufacturer certification to MoDOT. The method of certification is chosen by the utility owner and is documented in either the MRUA or the project specific agreement. Regardless of agreement type or certification method, the utility owner must be compliant with BABA requirements.&lt;br /&gt;
&lt;br /&gt;
====643.2.19.2.1 BABA Utility Owner Self-Certification====&lt;br /&gt;
If a utility owner chooses to self-certify BABA compliance, the utility owner is not required to provide MoDOT copies of the supplier certification as part of the project documentation or with the final invoice for any reimbursable utility adjustment necessary to allow highway construction. Retention of all documents should be as described in the agreement.&lt;br /&gt;
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====643.2.19.2.2 BABA Vendor/Manufacturer Certification====&lt;br /&gt;
If a utility owner chooses to use vendor/manufacturer certification, the utility owner will supply MoDOT BABA compliance from all vendors and/or manufacturers. Certification from vendors will be signed by an authorized representative of the vendor on company letterhead or other acceptable documentation and will declare that all supplied materials subject to BABA requirements are fully compliant. Certification from iron or steel manufacturers must be in the form of a mill test report (MTF) issued and signed by the initial fabricator stating the materials subject to BABA were melted and manufactured in the United States. Other written statements on company letter or other acceptable documentation signed by an authorized representative of the manufacturer for any additional treatment to the fabricated material (such as blasting, galvanizing, painting, or coating) will state that all treatment processes occurred in the United States according to FWA guidelines. Retention of all documents should be as described in the agreement. Manufacturer certification for manufactured products or construction materials will state that all materials were sourced from the United States and were fabricated in the United States. Retention of all documents should be as described in the agreement.&lt;br /&gt;
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&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643.3 Reserved for Future Use &#039;&#039;PAGE TITLE&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;&lt;br /&gt;
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&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643.4 Railroads (NO CHANGE) &#039;&#039;PAGE TITLE&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;&lt;br /&gt;
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==236.5.12 Excess Land Conveyances &amp;amp; Relinquishments - Utilities==&lt;br /&gt;
All conveyances and relinquishments of Commission-owned property shall be evaluated for the existence of any utility facilities located within the areas to be conveyed or relinquished. A conveyance or relinquishment of Commission-owned property may have implications to the utility facilities, and the utility owners, when the Commission no longer controls the property. It is important to maintain the continuity of utility facilities for the general public; therefore, to identify and minimize potential impacts, MoDOT shall involve utility owners in the conveyance and relinquishment processes.&lt;br /&gt;
&lt;br /&gt;
===236.5.12.1 Excess Land Conveyances Utilities===&lt;br /&gt;
MoDOT shall only recommend that a property be declared excess upon satisfactorily addressing the utility impacts. Whether MoDOT or an external party initiates the conveyance of excess property, utility impacts shall be adequately addressed by using one of the following methods: &lt;br /&gt;
:1. Each utility facility will be relocated by permit into a new utility corridor retained by the Commission.&lt;br /&gt;
:2. Each utility facility will remain in place with the benefit of a non-exclusive permanent utility easement.&lt;br /&gt;
::&#039;&#039;If the Commission holds fee simple title to the property, the Commission shall convey a non-exclusive permanent utility easement to each utility owner&#039;&#039;.&lt;br /&gt;
::&#039;&#039;If the Commission holds a less than fee simple title interest in the property, MoDOT shall facilitate the conveyance of a non-exclusive permanent utility easement from the party acquiring the property to each utility owner&#039;&#039;.&lt;br /&gt;
:3. Each utility facility will be relocated to another portion of the property being conveyed.&lt;br /&gt;
::&#039;&#039;If the Commission holds fee simple title to the property, the Commission shall convey a non-exclusive permanent utility easement to each utility owner&#039;&#039;. &lt;br /&gt;
::&#039;&#039;If the Commission holds a less than fee simple title interest in the property, MoDOT shall facilitate the conveyance of a non-exclusive permanent utility easement from the party acquiring the property to each utility owner&#039;&#039;.&lt;br /&gt;
:4. Each utility facility will be relocated onto a portion of the property already owned by the party acquiring the Commission-owned property, with the benefit of a non-exclusive permanent easement. (MoDOT shall facilitate the conveyance of a non-exclusive permanent utility easement from the party acquiring the property to each utility owner.)&lt;br /&gt;
:5. A three-party negotiated settlement taking into consideration the overall value of the proposed transaction.&lt;br /&gt;
:6. Additional options to address utility impacts may be utilized with approval from the Asst. to the State Design Engineer - Right of Way.&lt;br /&gt;
&lt;br /&gt;
===236.5.12.2 Road Relinquishment Utilities===&lt;br /&gt;
MoDOT shall only recommend the relinquishment of roadways through the [[236.14 Change in Route Status Report|Change in Route Status Report]] upon satisfactorily addressing the impacts to utility facilities. If the roadway will be relinquished to a local public transportation authority, with the intent that it continues to be used as a public roadway, a clause similar to the following shall be included in the deed from the Commission to the local public transportation authority:&lt;br /&gt;
:&#039;&#039;&amp;quot;Grantee, by acceptance of this conveyance, covenants and agrees for itself, its successors and assigns, to allow known or unknown utility facilities currently located on the property, whether of record or not, to remain on the property, and to grant the current and subsequent owners of those facilities the right to maintain, construct and reconstruct the facilities and their appurtenances over, under, and across the land herein conveyed, along with the right of ingress and egress across the land herein conveyed to and from those utilities.&amp;quot;&#039;&#039; &lt;br /&gt;
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Proposed roadway relinquishments to private entities shall be reviewed in a manner consistent with the conveyance of excess property described in [[236.5 Property Management#236.5.3 Asset Management Committee|EPG 236.5.3 Asset Management Committee]].&lt;/div&gt;</summary>
		<author><name>Hoskir</name></author>
	</entry>
	<entry>
		<id>https://epg.modot.org/index.php?title=User:Hoskir/Revision_Request_4225&amp;diff=58862</id>
		<title>User:Hoskir/Revision Request 4225</title>
		<link rel="alternate" type="text/html" href="https://epg.modot.org/index.php?title=User:Hoskir/Revision_Request_4225&amp;diff=58862"/>
		<updated>2026-06-18T20:09:10Z</updated>

		<summary type="html">&lt;p&gt;Hoskir: /* 643.2.9 Estimates */&lt;/p&gt;
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&lt;div&gt;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643 Utility Procedures  &#039;&#039;CATEGORY&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt; &lt;br /&gt;
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| &#039;&#039;&#039;&amp;lt;center&amp;gt;&amp;lt;u&amp;gt;Additional Resources&amp;lt;/u&amp;gt;&amp;lt;/center&amp;gt;&#039;&#039;&#039;&lt;br /&gt;
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| ● [https://www.ecfr.gov/current/title-23/chapter-I/subchapter-G/part-64523 CFR 645]&lt;br /&gt;
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| ● [https://www.sos.mo.gov/cmsimages/adrules/csr/current/7csr/7c10-3.pdf7 CSR 10-30]&lt;br /&gt;
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&#039;&#039;&#039;Utility Accommodation Policy:&#039;&#039;&#039; State DOTs are required to develop policies and procedures pertaining to the use, accommodation, and/or relocation of public and private utility facilities on highway rights-of way using Federal-aid highway funds. State DOTs are required to develop, maintain, and obtain FHWA approval of their Utility Accommodation Policy (UAP) (23 CFR section 645.215). This EPG article 643 and subarticles 643.1 through 643.3 are Missouri Department of Transportation (MoDOT)’s Utility Accommodation Policy. Text in EPG 643 consolidates various federal and state statutes and rules into a single, cohesive, workable policy to outline processes for MoDOT staff and utility owners.&lt;br /&gt;
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&#039;&#039;&#039;Delegation of Work:&#039;&#039;&#039; Each MoDOT district is responsible for ensuring implementation of the UAP outlined in the subsequent EPG articles. Each district can create its own organization for whom is responsible for the work including between divisions and job titles. Work responsibilities within this article and subarticles are generic where possible. If a specific title is included, that title has sole responsibility for that item of work.&lt;br /&gt;
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&#039;&#039;&#039;643 documents not being used&#039;&#039;&#039;&lt;br /&gt;
[[media:144 Major Highway System 2022.pdf|major routes]]&lt;br /&gt;
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&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643.1 Utility Location  &#039;&#039;PAGE TITLE&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt; &lt;br /&gt;
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The information in this article provides a uniform system for regulating the location, construction, maintenance, removal, and relocation of utility facilities on the right of way of roadways located on the state highway system. It also provides for the facilitation of construction and maintenance of these roadways. Any location or relocation of utility facilities contrary to this information is an interference with the construction, maintenance, or operation of a state highway and its right of way and is prohibited.&lt;br /&gt;
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==643.1.1 Permits==&lt;br /&gt;
All utility owners are required to obtain a permit to work on Missouri Highway and Transportation Commission (Commission) right of way. A permit is required for original installation of the utility facility, on-going maintenance of the utility facility, or adjustments to a utility facility necessary to allow highway construction. Per [[127.29_Stormwater#127.29.4.3_MCM_3:_Illicit_Discharge_Detection_and_Elimination_(IDDE)_Program|EPG 127.29.4.3]], discharges of anything other than stormwater are not permitted. A deposit or bond is required to ensure completion of the work in accordance with the permit issued. An [https://www.modot.org/permits application for a permit] may be made on established forms specifically stating the nature of the work to be performed. Applications for permits may be obtained at any of the [https://www.modot.mo.gov/ seven (7) district highway offices] of the Commission, [https://www.modot.mo.gov/ MoDOT&#039;s website], or by requesting it from the office of the Missouri Highways and Transportation Commission in Jefferson City, Missouri. The application for a permit will specifically state the nature of the work to be performed, what specific type of utility facility is to be installed, and, if necessary, the timeframe of any temporary use. Piping of any type of sewage or waste will only be allowed providing any permitting by a regulatory agency, such as Missouri Department of Natural Resources, can be provided. Prior to obtaining a permit through MoDOT’s permit system, a utility owner will be required to provide a bond to ensure satisfactory work and complete a TR50 Electronic Signature Agreement with the Commission. The name of the utility owner must match on the bond, TR50, and in the permit system. More information on permitting can be found in [[:Category:941_Permits_and_Access_Requests|EPG 941]].&lt;br /&gt;
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===643.1.1.1 Emergency Work===&lt;br /&gt;
When emergency operations work is necessary, the damaged utility facility may be accessed immediately and without a permit by leaving the pavement at such points as may be necessary to effect emergency repairs, provided immediate notice is given to the Missouri State Highway Patrol and the district utilities staff for the district wherein the work will be performed, and a permit for emergency operations is requested immediately upon discovery of the need for emergency operations. A permit for emergency operations work is to be obtained as soon as practical, but in no event later than two (2) working days after the emergency operations work has commenced. Emergency operations include, but are not limited to, unplanned work in response to utility facilities being so damaged as to constitute an emergency situation directly affecting or endangering traffic on the highway or public health or safety.&lt;br /&gt;
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===643.1.1.2 Third-Party Inspection===&lt;br /&gt;
When a utility owner has a large number of projects in a given area or projects involving great complexity, MoDOT reserves the right to limit the number of permits open at any given time. With approval of the district utilities staff, a utility owner may hire a third-party inspector, at their cost. The third-party inspector will allow the utility owner to increase the number of permits open at any given time. The responsibility of the third-party inspector will be to ensure the installation of the utility facility proceeds in a manner consistent with the plans approved in the permit, including all work zone requirements and conformity with MoDOT’s Standards and Specifications. The MoDOT approved third-party inspector will be listed in the permit. MoDOT may audit third-party inspections and revoke the right to use third-party inspections should the inspectors fail to perform their duties.&lt;br /&gt;
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===643.1.1.3 Abandoned Utility Facilities===&lt;br /&gt;
All utility facilities installed in Commission right of way are the property of the utility owner whether the utility facility is active or inactive. MoDOT may allow a utility facility to remain on Commission right of way whether the utility facility was abandoned for a MoDOT project or at the utility owner’s discretion. MoDOT may place requirements (such as removing inactive fiber optic cables, grouting pipes, removing valves) on the utility owner as part of the process of abandoning a utility facility. Liability for damage to Commission right of way due to an abandoned facility remains the responsibility of the utility owner. In the event MoDOT requires the removal of the abandoned utility facility, responsibility for the cost of the removal will be determined per [[643.2_Local_Utility_Adjustments_-_Public_and_Private#643.2.8_Preliminary_Engineering_(PE)_Requirements|EPG 643.2.8]].&lt;br /&gt;
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==643.1.2 Definitions==&lt;br /&gt;
&#039;&#039;&#039;Bridge Attachment:&#039;&#039;&#039; A bridge attachment is any utility facility, including communication lines and electrical lines, or any other utility facility of a similar nature that is fastened to a bridge for the purpose of spanning an obstacle.&lt;br /&gt;
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&#039;&#039;&#039;Clear zone:&#039;&#039;&#039; The total roadside border area starting at the edge of the traveled way, available for safe use by errant vehicles. This area may consist of a shoulder, a recoverable slope, a non-recoverable slope, and/or the area at the toe of a non-recoverable slope available for safe use by an errant vehicle. Clear zone dimensions are provided in the current edition of American Association of State Highway Transportation Officials Roadside Design Guide.&lt;br /&gt;
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&#039;&#039;&#039;Ditch Line:&#039;&#039;&#039; A line where the roadway ditch meets the back slope. It is located at the lowest point of a V-bottom ditch or furthest point from the roadway of a flat bottom ditch where the roadway slopes back to the existing ground line.&lt;br /&gt;
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&#039;&#039;&#039;Duct:&#039;&#039;&#039; An enclosed tubular casing, or raceway, for protecting wires, lines, or cables that is often flexible or semi-rigid (1-3% diametric deflection). The casing, or raceway, is separate from the cable or conductor that passes through it.&lt;br /&gt;
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&#039;&#039;&#039;Encasement:&#039;&#039;&#039; The term encasement means the placing of an installation around and outside of an underground facility consisting of a larger conduit that permits the removal and replacement of the facility. An alternate to the conduit type encasement is reinforced concrete poured around the utility facility. Utility owners are allowed to use any types of material as a carrier and encasement for its facilities as expressly provided for in the permit issued for the installation of the utility facility.&lt;br /&gt;
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&#039;&#039;&#039;Freeway:&#039;&#039;&#039; A divided arterial highway with full control of access.&lt;br /&gt;
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&#039;&#039;&#039;Highway:&#039;&#039;&#039; Any public way for vehicular travel, including the entire area within the right of way and related facilities constructed or improved and maintained by the Missouri Highways and Transportation Commission (MHTC) acting through the Missouri Department of Transportation (MoDOT).&lt;br /&gt;
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&#039;&#039;&#039;Interchange Limits:&#039;&#039;&#039; For the uniform handling of utility installations only, the limits of an interchange are the outside ramp curve points. See [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_1_TypicalInterchangeLimits_AOD.pdf EPG Figure 643.1.1] for an example.&lt;br /&gt;
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&#039;&#039;&#039;Interstate System or Other Freeways/Expressways:&#039;&#039;&#039; Interstate highways and highways with fully controlled access.&lt;br /&gt;
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&#039;&#039;&#039;Major Routes (Interstates, Freeways/Expressways and Principal Arterials):&#039;&#039;&#039; The major highway system is all routes functionally classified as principal arterials. The principal arterial system provides for statewide or interstate movement of traffic. The major roads in Missouri total approximately 5,500 centerline miles.&lt;br /&gt;
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&#039;&#039;&#039;Minor Routes:&#039;&#039;&#039; The minor highway system is all routes functionally classified as minor arterials or collectors. These routes mainly serve local transportation needs. The minor roads in Missouri total approximately 28,400 centerline miles.&lt;br /&gt;
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&#039;&#039;&#039;Normal Right of Way Line:&#039;&#039;&#039; An imaginary line that connects sudden breaks in the major right of way points for roadways. Sight distance right of way points (triangles) at roadway intersections are not to be considered as sudden breaks for determining normal right of way.&lt;br /&gt;
[[File:fig_643.1.2-06_2026.jpg|none|700px|thumb|Figure 643.1.2 Normal Right of Way Line.]]&lt;br /&gt;
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&#039;&#039;&#039;Private Lines:&#039;&#039;&#039; Privately owned utility facilities which convey or transmit the commodities outlined in the definition of utility facility of this section but devoted exclusively to private use.&lt;br /&gt;
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&#039;&#039;&#039;Scenic Enhancement Areas:&#039;&#039;&#039; Scenic enhancement areas include areas acquired or so designated as scenic strips, overlooks, rest areas, recreation areas, and the right of way of adjacent roadways and the right of way of roadways that pass through public parks and historic sites as described under 23 USC 138.&lt;br /&gt;
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&#039;&#039;&#039;Utility Corridor:&#039;&#039;&#039; An area established for the placement of utility facilities parallel to the normal right of way line.&lt;br /&gt;
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&#039;&#039;&#039;Utility Facility:&#039;&#039;&#039; Privately, publicly, or cooperatively owned line, facility, or system for producing, transmitting, or distributing communications, cable television, power, electricity, light, heat, gas, oil, crude products, water, steam, waste, storm water not connected with highway drainage or any other similar commodity, including any fire or police signal system or street lighting system which directly or indirectly serves the public and does not include privately owned facilities devoted exclusively to private use. The term &amp;quot;utility facility&amp;quot; includes those facilities used solely by the utility owner that are a part of its operating plant.&lt;br /&gt;
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&#039;&#039;&#039;Utility Owner:&#039;&#039;&#039; The utility owner is the utility company, inclusive of any wholly owned or controlled subsidiary, or city or county which owns utility facilities. The term also includes those government agencies that lease a utility facility for its own use or otherwise dedicated solely to governmental use.&lt;br /&gt;
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&#039;&#039;&#039;Variance:&#039;&#039;&#039; A one- (1-) time deviation from the requirements for location or relocation of utility facilities on the right of way of highways in the state highway system as established in [https://www.sos.mo.gov/cmsimages/adrules/csr/current/7csr/7c10-3.pdf Title 7 Code of State Regulations 10-3], requested by the utility, and approved by a MoDOT District Design Engineer.&lt;br /&gt;
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==643.1.3 Location of Utility Facilities==&lt;br /&gt;
Utility facilities paralleling the roadway should be installed in the utility corridor except as outlined below. The utility corridor is the space for all utility owners generally within six feet (6’) of the normal right of way line. When considering if the current utility corridor is available to expand from six feet (6’) to as much as twelve feet (12’), MoDOT determines if the expansion is warranted. In making the determination, MoDOT will consider the existing utilization of the original six feet (6’) corridor. Poles must remain within two feet (2’) of the normal right of way line unless approved by a variance. The utility corridor will only be expanded beyond six feet (6’) if the original six feet (6’) corridor is fully utilized and additional space would be required to accommodate additional utility facilities. Acquisition of additional right of way to establish a twelve feet (12’) corridor is not required on highway construction projects. For depths for underground utility facilities, see [[#643.1.4.1_Minimum_Cover_for_Underground_Facilities|EPG 643.1.4.1]].&lt;br /&gt;
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Utility facilities crossing the roadway should be installed as close to ninety degrees (90°) to the centerline of the roadway as possible and based on the guidelines below depending on the type of roadway. See [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_3_TypicalUtilityCorridor-InterchangeatMajorRoute_AOD.pdf EPG Figure 643.1.3] and [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_4_TypicalUtilityCorridor-InterchangeatMinorRoute_AOD.pdf EPG Figure 643.1.4] for typical utility corridors around interchanges.&lt;br /&gt;
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===643.1.3.1 Interstate System or Other Major Freeways/Expressways===&lt;br /&gt;
The installation of all utility facilities on highways of the Interstate System or other major freeways/expressways with fully controlled access are to be installed, serviced, and maintained without entering or leaving the roadway and ramps except at points approved by MoDOT for that purpose and without parking any equipment or storing materials upon the medians, roadway and ramps, or shoulders of the roadways. Cutting or damaging the pavement or paved shoulders is not permitted. New service connections to existing parallel utility facilities are to be permitted only where an outer roadway exists and then only where access is permitted by the Commission. Careful consideration will be given to the location of guys, anchors, braces, and other supports. Generally, good design practice will provide that appurtenances be located at right of way jogs, along intersecting road right of way, or at other similar acceptable locations, so that encroachment is held to an absolute minimum.&lt;br /&gt;
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No utility facilities will be permitted within the interchange limits of an interchange between fully limited access highways where planned or existing. Utility facilities within the interchange limits of an interchange with a non-access controlled highway will be permitted only along the minor road, provided that all construction, service, and maintenance can be performed from the minor road. Manholes and poles must be located beyond the ramp termini.&lt;br /&gt;
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For structures carrying or over interstates or other major freeways/expressways, see [[#643.1.5_Bridge_Attachment_Policy|EPG 643.1.5]].&lt;br /&gt;
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====643.1.3.1.1 Utility Facilities Crossing the Interstate or Other Major Freeways/Expressways====&lt;br /&gt;
=====643.1.3.1.1.1 Overhead Crossings of the Interstate or Other Major Freeways/Expressways=====&lt;br /&gt;
Overhead crossings of utility facilities are permitted only for power transmission and distribution lines and for multiple circuit communication lines where an underground installation is not economically feasible. Supports for existing utility facilities crossing overhead may remain on the right of way provided they are near the right of way line regardless of the presence of an outer road. Supports for new overhead utility facilities crossing overhead may be located on the right of way near the right of way line where an outer roadway exists and are to be located off the right of way where no outer roadway exists. Overhead service crossings are only permitted in isolated cases for residential or commercial establishments when the denial of the crossing would require construction of more than 1,200 feet (1,200’) of utility line to provide the service. Main or distribution line crossings are required to serve a general area other than isolated cases.&lt;br /&gt;
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=====643.1.3.1.1.2 Underground Crossings of the Interstate or Other Major Freeways/Expressways=====&lt;br /&gt;
Underground crossings of utility facilities are to be continuously encased under the pavement, medians, ramps, and shoulders with the casing extending to the toe of the fill slopes or to the ditch line. In curbed sections, encasement should extend outside the outer curb of the roadways a distance equal to the depth of the encasement at the curb line. Where installed by open trench through unpaved areas, detector tape should be placed approximately one foot (1&#039;) above the encasement. Where an interstate or other major freeway has a parallel outer roadway, encasement should be continuous under all roadways within the right of way.&lt;br /&gt;
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Manholes or vent pipes are to be located at the right of way line or adjacent to the outer roadway.&lt;br /&gt;
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For fiber optic cable, encasement should extend from within six feet (6&#039;) of one right of way line to within six feet (6&#039;) of the other right of way line.&lt;br /&gt;
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Exceptions may be made for encasement as listed in [[#643.1.4.2_Exceptions_to_Encasement|EPG 643.1.4.2]].&lt;br /&gt;
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=====643.1.3.1.1.3 Parallel Installations along the Interstate or Other Major Freeways/Expressways=====&lt;br /&gt;
New parallel installations on the right of way may be permitted only where an outer roadway exists, provided that poles are within two feet (2&#039;) of the normal right of way line and underground utility facilities are within the utility corridor, and provided that the utility facility can be installed and maintained between the outer roadway and the right of way line. Existing overhead or underground utility facilities that parallel an existing roadway which will be incorporated into a completed highway as an outer roadway may remain in place if all maintenance and service can be performed from an outer roadway and the existing location does not interfere with construction, maintenance, or operation of the completed highway. If an existing parallel utility facility needs to be relocated so as to not interfere with the construction, maintenance, or operation of the completed interstate or other major freeway, poles may be located withing five feet (5’) of the right of way line.&lt;br /&gt;
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Underground utility facilities are expected to be buried within the utility corridor of sight distance triangles (SDTs) at roadway intersections unless granted a variance. Overhead utility facilities may be allowed to span intersecting roadways with SDTs provided the poles, or supports, are located outside the SDT.&lt;br /&gt;
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=====643.1.3.1.1.4 Sanitary Sewers within the Right of Way of Interstates or Other Major Freeways/Expressways=====&lt;br /&gt;
New installations of sanitary sewers should follow the applicable guidelines for either underground crossings or parallel installations as appropriate. Existing gravity trunk sanitary sewers should be considered individually and removed or left in place contingent upon its age, condition, feasibility of moving, and maintenance access. Encasement of existing trunk sewers left in place may be required for questionable condition, protection during construction, or heavy fills.&lt;br /&gt;
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Manholes should be relocated to the right of way lines or adjacent to an outer roadway.&lt;br /&gt;
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===643.1.3.2 Major Routes===&lt;br /&gt;
For structures carrying or over major routes, see [[#643.1.5_Bridge_Attachment_Policy|EPG 643.1.5]].&lt;br /&gt;
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====643.1.3.2.1 Major Routes with Partially Controlled Access Right of Way====&lt;br /&gt;
The installation of all utility facilities on highways with partially controlled access right of way are to be installed, serviced, and maintained without entering or leaving the roadway and ramps except at points approved by MoDOT for that purpose and without parking any equipment or storing materials upon the medians, roadway and ramps, or shoulders of the roadways. Cutting or damaging the pavement or paved shoulders is not permitted. Equipment or materials stored within the right of way must be protected by longitudinal barrier or be located outside the clear zone. New service connections to existing parallel utility facilities are to be permitted only where granted by the Commission.&lt;br /&gt;
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No utility facilities will be permitted within the interchange limits of an interchange between fully limited access highways where planned or existing. Utility facilities within the interchange limits of an interchange with a non-access controlled highway will be permitted only along the minor road, provided that all construction, service, and maintenance can be performed from the minor road. Manholes and poles must be located beyond the ramp termini.&lt;br /&gt;
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====643.1.3.2.2 Major Routes with Normal Access Right of Way====&lt;br /&gt;
All new utility facilities will be installed and maintained without cutting or damaging the pavement or paved shoulders except in the event underlying rock formations or other obstructions are encountered that prevent boring or pushing operations. A variance may be granted for pavement cuts when the need is established. Pavement cuts may only be made by permits issued when it is impractical to otherwise service and maintain the facility. The installation of all utility facilities is to be installed without parking any equipment or storing materials upon the medians, roadway and ramps, or shoulders of the roadways. Equipment or materials stored within the right of way must be protected by longitudinal barrier or be located outside the clear zone.&lt;br /&gt;
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====643.1.3.2.3 Utility Facilities Crossing Major Routes====&lt;br /&gt;
=====643.1.3.2.3.1 Overhead Crossings of Major Routes=====&lt;br /&gt;
Supports for utility facilities crossing overhead should be located as near the right of way line as possible. For major routes with controlled access right of way, new overhead service crossings may be permitted in isolated cases for residential or commercial establishments where the denial of such crossings would require the construction of more than 1,200 feet (1,200’) of utility line to provide the same service. For major routes with normal access right of way, there is no restriction on the placement of service crossings.&lt;br /&gt;
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=====643.1.3.2.3.2 Underground Crossings of Major Routes=====&lt;br /&gt;
Underground crossings of utility facilities are to be continuously encased under the pavement, medians, ramps, and shoulders with the casing extending to the toe of the fill slopes or to the ditch line. In curbed sections, encasement should extend outside the outer curb of the roadways a distance equal to the depth of the encasement at the curb line. Where installed by open trench through unpaved areas, detector tape should be placed approximately one foot (1&#039;) above the encasement. Where a major route has a parallel outer roadway, encasement should be continuous under all roadways within the right of way.&lt;br /&gt;
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Manholes or vent pipes are to be located at the right of way line or adjacent to the outer roadway.&lt;br /&gt;
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For fiber optic cable, encasement should extend from within six feet (6&#039;) of one right of way line to within six feet (6&#039;) of the other right of way line.&lt;br /&gt;
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Exceptions may be made for encasement as listed in [[#643.1.4.2_Exceptions_to_Encasement|EPG 643.1.4.2]].&lt;br /&gt;
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====643.1.3.2.4 Parallel Installations along Major Routes====&lt;br /&gt;
New parallel installations on the right of way may be permitted provided that poles are within two feet (2&#039;) of the normal right of way line and underground utility facilities are within the utility corridor. Existing overhead or underground utility facilities that parallel an existing roadway which will be incorporated into a completed highway may remain in place if all maintenance and service can be performed without entering or leaving the roadway except at approved access points; without parking equipment or storing materials on the median, pavement, ramps, or shoulders; and the existing location does not interfere with construction, maintenance, or operation of the completed highway. If an existing parallel utility facility needs to be relocated so as to not interfere with the construction, maintenance, or operation of the completed highway, poles may be located withing five feet (5’) of the right of way line.&lt;br /&gt;
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Existing steel pipe transmission and distribution facilities for gaseous petroleum products that parallel an existing roadway that will be incorporated into the completed roadway may be left in place subject to an agreement by the utility owner that maintenance or service and facility expansion will be performed without cutting or damaging the pavement or interfering with the construction, maintenance, and operation of the highway and provided that the facility is cathodically protected against corrosion and meets the applicable material requirements.&lt;br /&gt;
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Underground utility facilities are expected to be buried within the utility corridor of sight distance triangles (SDTs) at roadway intersections unless granted a variance. Overhead utility facilities may be allowed to span intersecting roadways with SDTs provided the poles, or supports, are located outside the SDT.&lt;br /&gt;
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====643.1.3.2.5 Sanitary Sewers within the Right of Way of Major Routes====&lt;br /&gt;
New installations of sanitary sewers should follow the applicable guidelines for either underground crossings or parallel installations as appropriate. An existing gravity trunk sanitary sewer should be considered individually and removed or left in place contingent upon its age, condition, feasibility of moving, and maintenance access. If an existing parallel gravity main is left in place within the limits of the paved surface, paved shoulder lines, or curb lines, stub mains as required will be laid between the sewer main and curb or shoulder lines for future service connections in each block. Manholes should be relocated outside the traveled roadway as near the right of way line as practical.&lt;br /&gt;
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===643.1.3.3 Minor Routes===&lt;br /&gt;
For structures carrying or over minor routes, see [[#643.1.5_Bridge_Attachment_Policy|EPG 643.1.5]].&lt;br /&gt;
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====643.1.3.3.1 Utility Facilities Crossing Minor Routes====&lt;br /&gt;
=====643.1.3.3.1.1 Overhead Crossings of Minor Routes=====&lt;br /&gt;
Existing overhead crossings that interfere with construction, maintenance, or operation should be relocated with their supports as near the right of way line as is practical. New overhead crossing installations should be located with their supports as near the right of way line as is practical.&lt;br /&gt;
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=====643.1.3.3.1.2 Underground Crossings of Minor Routes=====&lt;br /&gt;
All new utility facilities should be installed and maintained without cutting or damaging the pavement or paved shoulders. A variance may be granted for pavement cuts when servicing and maintaining the facility by any other methods is impractical. Pavement cuts may only be made by permits issued. Underground crossings of utility facilities are to be continuously encased under the pavement, medians, ramps, and shoulders with the casing extending to the toe of the fill slopes or to the ditch line. In curbed sections, encasement should extend outside the outer curb of the roadways a distance equal to the depth of the encasement at the curb line. Where installed by open trench through unpaved areas, detector tape should be placed approximately one foot (1&#039;) above the encasement.&lt;br /&gt;
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Manholes or vent pipes are to be located at the right of way line or adjacent to the outer roadway.&lt;br /&gt;
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For fiber optic cable, encasement should extend from within six feet (6&#039;) of one right of way line to within six feet (6&#039;) of the other right of way line.&lt;br /&gt;
&lt;br /&gt;
Exceptions may be made for encasement as listed in [[#643.1.4.2_Exceptions_to_Encasement|EPG 643.1.4.2]].&lt;br /&gt;
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====643.1.3.3.2 Parallel Installations along Minor Routes====&lt;br /&gt;
New parallel installations on the right of way may be permitted provided that poles are within two feet (2&#039;) of the normal right of way line and underground utility facilities are within the utility corridor. Existing overhead or underground utility facilities that parallel an existing roadway which will be incorporated into a completed highway may remain in place if all maintenance and service can be performed without entering or leaving the roadway except at approved access points; without parking equipment or storing materials on the median, pavement, ramps, or shoulders; and the existing location does not interfere with construction, maintenance, or operation of the completed highway. If an existing parallel utility facility needs to be relocated so as to not interfere with the construction, maintenance, or operation of the completed highway, poles may be located within five feet (5’) of the right of way line.&lt;br /&gt;
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Underground utility facilities are expected to be buried within the utility corridor of sight distance triangles (SDTs) at roadway intersections unless granted a variance. Overhead utility facilities may be allowed to span intersecting roadways with SDTs provided the poles, or supports, are located outside the SDT.&lt;br /&gt;
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====643.1.3.3.3 Sanitary Sewers within the Right of Way of Minor Routes====&lt;br /&gt;
New installations of sanitary sewers should follow the applicable guidelines for either underground crossings or parallel installations as appropriate. An existing gravity trunk sanitary sewer should be considered individually and removed or left in place contingent upon its age, condition, feasibility of moving, and maintenance access. If an existing parallel gravity main is left in place within the limits of the paved surface, paved shoulder lines, or curb lines, stub mains as required will be laid between the sewer main and curb or shoulder lines for future service connections in each block. Manholes should be relocated outside the traveled roadway.&lt;br /&gt;
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===643.1.3.4 Roundabouts===&lt;br /&gt;
Regardless of roadway type, it is desirable to avoid locating utility facilities and their access points within the circulatory roadway. If possible, utility facilities are located in the legs of the roundabout to allow for future maintenance and access at an isolated leg versus affecting the entire roundabout. See [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_5_TypicalLocationofUtilityFacilitiesnearRoundabouts_AOD.pdf EPG Figure 643.1.5] for an example.&lt;br /&gt;
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===643.1.3.5 Utility Facilities in Scenic Enhancement Areas===&lt;br /&gt;
All existing utility facilities within the limits of a scenic enhancement area requiring adjustment because of construction or reconstruction will be placed underground or relocated beyond the limits of the scenic enhancement area. No new above ground facilities will be permitted. New underground facilities will be permitted provided they do not extensively alter or impair the appearance of the area.&lt;br /&gt;
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==643.1.4 Installation of Utility Facilities==&lt;br /&gt;
The following sections provide information on the physical installation of utility facilities within highway right of way.&lt;br /&gt;
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===643.1.4.1 Minimum Cover for Underground Facilities===&lt;br /&gt;
The minimum cover for new underground utilities is:&lt;br /&gt;
* Forty-two inches (42”) for all water lines (parallel and crossings).&lt;br /&gt;
* Forty-two inches (42”) for fiber optic cable (crossings encased in rigid conduit).&lt;br /&gt;
* Seventy-two inches (72”) for fiber optic cable (crossings encased in polyethylene (PE) pipe).&lt;br /&gt;
* Thirty inches (30”) for direct burial and in trench fiber optic cable (parallel).&lt;br /&gt;
* Twenty-four inches (24”) for all other direct burial copper or coaxial cable, (parallel).&lt;br /&gt;
* Seventy-two inches (72”) for uncased polyethylene (PE) gas pipe crossings under ditches and roadways but thirty inches (30”) elsewhere.&lt;br /&gt;
* Thirty inches (30”) for all other (such as, but not limited to, gravity sewers, forced sewers, and electric) underground utilities (both parallel and crossing).&lt;br /&gt;
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===643.1.4.2 Exceptions to Encasement===&lt;br /&gt;
Exceptions may be made for encasement as follows:&lt;br /&gt;
* Non-fiber communication or electric cables installed in ducts.&lt;br /&gt;
* Welded steel pipelines carrying gaseous or liquid petroleum products - provided they are cathodically protected against corrosion, triple-coated in accordance with accepted pipeline construction standards, and meet applicable material requirements.&lt;br /&gt;
* Natural gas distribution pipe (nominal six-inch (6”) diameter maximum) of polyethylene (PE) plastic, traceable, installed by a horizontal bore method at a minimum depth of seventy-two inches (72”) under ditches and roadways, constructed in accordance with and meeting applicable material requirements.&lt;br /&gt;
* Gas service connections protected and constructed in accordance with and meeting applicable material requirements.&lt;br /&gt;
* Encasement is not required for new trunk sanitary sewer crossings of vitrified clay, reinforced concrete or cast iron except when installation procedures would produce voids in the roadbed, heavy fills, or installations under pressure.&lt;br /&gt;
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===643.1.4.3 Above Ground or Ground Level Appurtenances===&lt;br /&gt;
Appurtenances protruding more than four inches (4”) above the ground line should be located outside the clear zone. If no feasible alternative exists and if permitted by a variance, appurtenances may be allowed within the clear zone if they meet breakaway criteria or will be shielded by a traffic barrier. Good design practice will provide that appurtenances be located at right of way jogs, along intersecting road right of way, or at other similar acceptable locations, so that encroachment is held to an absolute minimum. Cables, wires, small diameter pipes, and other such utility appurtenances extending from the surface of the ground should be equipped with covers or guards to improve their visibility. Appurtenances within sidewalks or street level pedestrian access routes are to be in conformance with the Americans with Disabilities Act requirements.&lt;br /&gt;
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The maximum pull box width perpendicular to the right of way line within the utility corridor is thirty inches (30”).&lt;br /&gt;
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===643.1.4.4 Overhead Utility Facilities===&lt;br /&gt;
The vertical clearance of new or existing overhead installations will not be less than the current minimum requirements of the National Electric Safety Code, but in no case less than eighteen feet (18’) inclusive of sag above the groundline for electrical facilities. Clearance may be reduced for overhead installations of cable, telephone, or fiber optic facilities.&lt;br /&gt;
A minimum radial clearance of twenty-five feet (25’) is provided from any utility facility to the nearest part of any bridge structure. A minimum radial clearance of ten feet (10’) is provided from the nearest charged electrical line to a MoDOT signal, lighting, ITS, or overhead sign structure.&lt;br /&gt;
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===643.1.4.5 Approved Materials===&lt;br /&gt;
Utility owners are allowed to use any material for underground utility facilities including carrier and encasement provided they accept responsibility for any future repairs and/or replacement of damaged MoDOT facilities should a failure occur. This will allow the use of current technology and procedures to provide the best value to its subscribers and the taxpayers of Missouri. For materials that MoDOT also uses in its highway system, utility owners must provide materials that meet the current [https://www.modot.org/missouri-standard-specifications-highway-construction Missouri Standard Specifications for Highway Construction]. For materials not listed in the Missouri Standard Specifications for Highway Construction, the utility owner should provide documentation of the standards used to determine suitability of the material.&lt;br /&gt;
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===643.1.4.6 Cutting===&lt;br /&gt;
In the event permission is granted to cut an existing concrete or asphalt pavement or sidewalk, the appropriate provisions below should be followed.&lt;br /&gt;
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====643.1.4.6.1 Pavement====&lt;br /&gt;
All pavement cuts should be made with a saw to the full depth of the pavement. The width of the cut is typically determined by the width of the trench plus a minimum one foot (1’) on each side of the trench. In the event the distance to any adjacent longitudinal or transverse joint or crack is less than four feet (4’), the pavement must be removed to the joint or crack. Cuts for perpendicular service tie-ins should be a minimum of three feet (3’) wide. Longitudinal main installations are typically cut at a minimum of half the lane width, but in no instance should the cut be along the wheel path of the lane.&lt;br /&gt;
[[File:fig_643.1.6-06_2026.jpg|800px|none|thumb|Figure 643.1.6 Pavement Repair Dimension Requirements.]]&lt;br /&gt;
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The utility facilities should be placed in a location with the least impact to the roadway. Typically, this leads to placement in the shoulder when available followed by the two-way left turn lane (TWLTL), and then outside lanes before allowing placement in interior through lanes. Lane switching should be kept to a minimum and should not be used to minimize repair sizes. Cuts for mains or service leads that may not be perpendicular to the roadway should be squared-off.&lt;br /&gt;
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Replacement of cut pavement should be full depth concrete in accordance with the current version at the time of installation of Section 613.10 Full Depth Pavement Repairs of the Missouri Standard Specifications for Highway Construction and the Missouri Standard Plans for Highway Construction. If the area of the pavement repair is not to be fully resurfaced all joints including the overcut from the sawing operation should be filled with an expansive mortar, epoxy, polyester, or joint material as approved by the Engineer in accordance with Section 1057 of the Missouri Standard Specifications for Highway Construction.&lt;br /&gt;
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====643.1.4.6.2 Pedestrian Access Routes====&lt;br /&gt;
All cuts in the pedestrian access routes whether asphalt or concrete should be made by saw and be the full depth of the material. Entire slabs of concrete sidewalk should be removed. Repair of the pedestrian access route must meet Americans with Disability Act requirements, see [[:Category:642_Pedestrian_Facilities|EPG 642]]. Cuts through curb ramps or detectable warning areas are not permitted. Rather the entire curb ramp or detectable warning area must be removed and replaced. MoDOT district ADA contacts can help ensure ADA compliance of impacted pedestrian access routes.&lt;br /&gt;
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===643.1.4.7 Non-disturbance Areas===&lt;br /&gt;
MoDOT has certain areas of right of way where mowing, spraying, digging, or other vegetation disturbance activities are restricted. These areas have been established to mitigate the environmental impacts of a previous project and should be avoided. If the areas cannot be avoided, contact MoDOT’s Environmental Section.&lt;br /&gt;
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==643.1.5 Bridge Attachment Policy==&lt;br /&gt;
No utility facility will be permitted in or on a structure carrying an interstate or other freeway unless it is part of a federal requirement or for MoDOT’s use. When the structure carries any other road type and no other practical means exists for the crossing, wires (communication, electrical, fiber, or metal) will be permitted. Electrical lines must be located to cause minimum exposure to MoDOT maintenance personnel and the public. Pressurized pipelines for gas or other petroleum products and water and all sewer lines are prohibited on all structures due to the risks associated with their failure.&lt;br /&gt;
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===643.1.5.1 Agreement===&lt;br /&gt;
An agreement is required for all utility facilities attached to any structure. A charge will be made for the increased maintenance costs involved. This fee is set by the Bridge Division. When permitted, a 50-year occupational agreement is executed with the utility owner. Agreement BR04 Utility Attachment Agreement is used when an attachment is added to a bridge during its construction. Agreement BR09 Bridge Attachment Agreement is used when an attachment is added to an existing bridge.&lt;br /&gt;
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===643.1.5.2 Requests===&lt;br /&gt;
Requests to attach facilities to structures is a multi-step process. Bridge Division is responsible for approval of the bridge attachment. If at any point in the process, Bridge Division determines the attachment to be unacceptable, a reason is to be provided.&lt;br /&gt;
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To start, the utility owner submits a conceptual request to the district utilities staff. The conceptual request consists of an explanation of the proposal; a general location sketch (i.e., which side of the bridge); and details on the facility, length, and weight per foot when full. The district utilities staff should work with all relevant district personnel including the District Bridge Engineer in reviewing and recommending the attachment. The district utilities staff will submit the recommended details to the Bridge Division to determine the applicable costs including future maintenance costs and for attachments to new bridges, design and construction. Once the Bridge Division has determined the cost, the district utilities staff shares the cost with the utility owner for their concurrence with furthering the process. For new bridges, if the utility owner concurs with the costs, the district utility staff will prepare the BR04 Agreement for execution by the utility owner and the Commission. MoDOT will be responsible for the design and construction of attachments to new bridges. For existing bridges, the district utilities staff will forward the applicable as-built bridge plans to the utility owner for its use in designing the bridge attachment. The utility owner will provide detailed design drawings, signed and sealed by a professional engineer in the State of Missouri, to the district utilities staff for review. The district utilities staff should work with all relevant district personnel, including the District Bridge Engineer, in reviewing and recommending the details of the attachment to the Bridge Division. Once Bridge Division approves, the Bridge Division will prepare the BR09 Agreement for execution by the utility owner and the Commission. The utility owner is responsible for the construction of attachments to existing bridges. A flow chart, [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_7_BridgeAttachementProcess_AOD.pdf EPG Figure 643.1.7], of the process is available.&lt;br /&gt;
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Payment from the utility owner for the attachment will be sent to Financial Services by district utilities staff. For BR04 agreements, district utilities staff should discuss with Financial Services how to get the payment credited to the project constructing the attachment. For BR09 agreements, district utilities staff should copy Bridge Division on correspondence with Financial Serves. Checks should be made payable to Director of Revenue, Credit State Road Fund.&lt;br /&gt;
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For requests from government entities such as cities, counties, and other municipalities, the requested information should be submitted to Bridge Division as described above. However, the district utilities staff will take the lead in preparing the DE10 County Agreement or DE11 Municipal Agreement, as applicable, with input from Bridge Division and Bridge Maintenance. All fees are waived for government entities.&lt;br /&gt;
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===643.1.5.3 Considerations===&lt;br /&gt;
The following considerations are made in determining the acceptability of a bridge attachment. Unique situations will be discussed with the Bridge Division as required.&lt;br /&gt;
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====643.1.5.3.1 Bridge Asset Management Program====&lt;br /&gt;
Requests for bridge attachments should be reviewed for consistency with the district’s upcoming bridge asset management program needs. If a structure is due for rehabilitation or replacement in the near future, information should be provided to the utility owner indicating existing remaining life of the bridge. In some instances, it may be in MoDOT’s best interest to deny the request for attachment outright. In some instances, the utility owner may still choose to pursue the short-term attachment to the existing structure. In almost all cases, the utility owner is responsible for the cost of removing and/or relocating their utility facilities for a necessary repair, widening, improvement or reconstruction of the structure. Review existing agreements for cost responsibility for current attachments.&lt;br /&gt;
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====643.1.5.3.2 Aesthetics====&lt;br /&gt;
In reviewing a request for a bridge attachment, how the structure is viewed by the public will be considered. For example, is the structure over a scenic stream that is extensively used by canoeists, or does the structure span a road that may provide access to a park, campgrounds, or boat launching facilities? Is the structure a grade separation where the motoring public will see the attachment before they pass under it?&lt;br /&gt;
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====643.1.5.3.3 Method of Attachment====&lt;br /&gt;
In order to maintain structural integrity of any structures the following requirements will apply for attachments.&lt;br /&gt;
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=====643.1.5.3.3.1 Welding=====&lt;br /&gt;
Welding of hardware to structural steel members (i.e., flanges, webs, stiffeners, and diaphragms) whether in tension or compression is not permitted.&lt;br /&gt;
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=====643.1.5.3.3.2 Drilling=====&lt;br /&gt;
Drilling holes in any structural steel member is not permitted. Drilling holes for anchors into any prestressed concrete member is not permitted. Although permitted, drilling holes for anchors into the underside of bridge decks must be done with caution. It is recommended all anchors be installed to miss deck reinforcing steel. Generally, drilling into decks will not be allowed where sonotubes were used (voided slab bridges). The depth of the holes should be such that breaking out of the concrete on the top side of the deck does not occur.&lt;br /&gt;
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=====643.1.5.3.3.3 Corrosion=====&lt;br /&gt;
Attachment hardware will be new, properly coated to prevent corrosion or be of a non-corrosive material, and be designed to support the facility.&lt;br /&gt;
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====643.1.5.3.4 Location====&lt;br /&gt;
In general, attachments are made on the underneath side of the bridge deck. The condition of the bridge deck will dictate the location of the attachment supports. An exception may be attachments to trusses or other overhead structures.&lt;br /&gt;
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Attachments that may require manholes in bridge decks are not allowed.&lt;br /&gt;
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When attachments are required to structures over streams that may carry large drifts, they must be attached to the downstream side of the structure and above the lowest superstructure element. It is preferred to locate the attachment on the outside of the exterior girder. If aesthetics are a concern, a better appearance can be achieved by having the attachment made to the inside of the exterior girder and above the bottom of the lower flange to hide the conduit and the attaching hardware.&lt;br /&gt;
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Placement of utilities must not prevent the removal of old paint, the application of new paint on superstructure steel, or cause debris buildup, which could cause structural deterioration.&lt;br /&gt;
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====643.1.5.3.5 Construction and Maintenance====&lt;br /&gt;
If the attachment cannot be built while maintaining one (1) lane of traffic on the structure, it will not be allowed.&lt;br /&gt;
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Construction procedures that severely impact traffic may factor into the allowable location of the attachment on the structure.&lt;br /&gt;
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When scaffolding is to be attached or supported by bridge rails, bridge superstructure, or bridge substructure, the procedures for construction of the attachment must be reviewed.&lt;br /&gt;
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The utility owner or local entity will pay for, or be responsible for, the painting of the attachment, if necessary, when the bridge requires painting.&lt;br /&gt;
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==643.1.6 Private Lines==&lt;br /&gt;
Private lines are permitted to cross the right of way of a highway in the same manner as outlined for all utility facilities in above sections of this article. Parallel installations along the right of way of a highway are not permitted. Special conditions at a specific location that make adherence to this policy impractical will be submitted to the Chief Engineer for consideration of an acceptable alternative. In certain situations, it may be necessary to obtain approval from the Federal Highway Administration (FHWA) before approval to use the alternative can be given to the private utility owner.&lt;br /&gt;
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==643.1.7 Water and Sewer Separations==&lt;br /&gt;
The Missouri Department of Natural Resources (MoDNR) Safe Drinking Water Commission via 10 CSR 60-10 and Clean Water Commission via 10 CSR 20-8 govern the design of water and sewer lines in the vicinity of one another. Basic criteria are outlined below for information, and details are contained within the regulations. MoDOT is not responsible for providing or acquiring adequate right of way for utility owners to comply with MoDNR requirements.&lt;br /&gt;
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===643.1.7.1 Water and Sewer Separations===&lt;br /&gt;
====643.1.7.1.1 Horizontal====&lt;br /&gt;
Sanitary and storm sewers are to be laid at least ten feet (10’) horizontally measured from outside edge to outside edge from any existing or proposed water main. In cases where it is not practical to maintain ten feet (10’) of separation, installation of the water main closer to the sewer is acceptable where the water main is installed in a separate trench or on an undisturbed earth shelf located on one (1) side of the sewer at an elevation so the bottom of the water main is at least eighteen inches (18”) above the top of the sewer.&lt;br /&gt;
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===643.1.7.2 Crossings===&lt;br /&gt;
Water mains are to be laid to provide a minimum vertical distance of eighteen inches (18”) vertically measured outside edge to edge from sanitary or storm sewers. This is the case whether the water main is above or below the sewer. One (1) full length of water pipe must be located so both joints will be as far from the sanitary or storm sewer line as possible. Special structural support for the water main or sanitary or sewer main may be required.&lt;br /&gt;
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===643.1.7.3 Exception===&lt;br /&gt;
When it is impossible to obtain proper horizontal and vertical separation as stipulated, the sewer will be designed and constructed equal to water pipe and will be pressure-tested to assure it is watertight prior to backfilling.&lt;br /&gt;
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===643.1.7.4 Water Supply Interconnections===&lt;br /&gt;
No physical connection is permitted between a public or private potable water supply system and any sanitary or storm sewer or appurtenance that would permit the passage of any sewage or polluted water into the water supply. No water pipe is permitted to pass through or come in contact with any part of a sanitary sewer manhole.&lt;br /&gt;
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===643.1.7.5 Water Works Structures===&lt;br /&gt;
Sewers are not permitted to be installed within fifty feet (50’) in any direction from any existing or proposed public water supply well or other water supply sources or structures.&lt;br /&gt;
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==643.1.8 Variances==&lt;br /&gt;
Occasionally, it is impractical to locate a utility facility in accordance with requirements outlined in this article. MoDOT may consider a utility owner’s request for a variance from these requirements on a case-by-case basis. The utility owner should complete a [https://epg.modot.org/forms/general_files/DE/UtilityVarianceApprovalForm.docx Utility Variance Approval Form] to be submitted to MoDOT for consideration. Variances on the Interstate System require approval of the Federal Highway Administration (FHWA). A flow chart, [https://epg.modot.org/forms/general_files/DE/xx.pdf EPG Figure 643.1.8], of the variance process is available.&lt;br /&gt;
&lt;br /&gt;
A variance will not be permitted just for the convenience of the utility owner. The utility owner requesting a variance must provide all necessary information to properly evaluate if a variance should be approved. For example, a utility owner requesting a variance because “the utility corridor is full” must explore all reasonable options. It is suggested that the requestor pothole the existing utility corridor to confirm the location of existing utility facilities and provide that data to support the need to locate outside of the utility corridor due to its congestion.&lt;br /&gt;
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===643.1.8.1 Variance Process===&lt;br /&gt;
Any utility owner of a public utility facility may apply for a variance. The process for requesting a variance is as follows:&lt;br /&gt;
&lt;br /&gt;
====643.1.8.1.1 Submittal Requirements====&lt;br /&gt;
Utility owners submit to the district utilities staff a written request for a variance using the [https://epg.modot.org/forms/general_files/DE/UtilityVarianceApprovalForm.docx Utility Variance Approval Form]. The utility owner must clearly show the provision(s) or guideline(s) for which the variance is being requested; the condition(s) which the utility owner believes warrant(s) the granting of a variance; a thorough explanation of the reason(s) for the requested variance, including sufficient and appropriate documentation of safety, aesthetic, or constructability constraints that would be adverse to the function, access, or maintenance of the utility facility and not in the best interest of the public.&lt;br /&gt;
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====643.1.8.1.2 MoDOT Consideration of Variance Request====&lt;br /&gt;
The utility owner bears full responsibility for demonstrating to MoDOT’s satisfaction that the variance is the most appropriate way to serve the public interest. MoDOT may present to the utility owner and the utility owner must consider reasonable alternatives to the variance requested by the utility owner. In determining whether to grant a variance, district utilities staff will consider all relevant factors including, but not limited to: the requested variance is reasonably necessary for the convenience, safety, health, and/or welfare of the public; there is an exceptional or undue burden or hardship on the specific applicant; a physical impracticability that would result from the applicant’s adherence to the normal location requirements; and the requested variance will not impair the safe construction, maintenance, operation, and safety of public travel on the highway. District utilities staff may consult with the Design Liaison Engineer in evaluating variances.&lt;br /&gt;
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====643.1.8.1.3 Approval of Variances====&lt;br /&gt;
Once district utilities staff have agreed to accept a variance proposed by the utility owner, the [https://epg.modot.org/forms/general_files/DE/UtilityVarianceApprovalForm.docx Utility Variance Approval Form] and all supporting documentation is sent to the District Design Engineer (DDE) for approval. If a variance is on interstate right of way, the DDE-signed Variance Request Form and all supporting documentation is forwarded to the Design Liaison Engineer who will forward to FHWA for their concurrence.&lt;br /&gt;
&lt;br /&gt;
====643.1.8.1.4 Variance Appeal Informal Hearing====&lt;br /&gt;
If denied a variance, the utility owner has thirty (30) calendar days to request an informal hearing for the purpose of appealing the denial. Requests must be made in writing to the State Design Engineer, Missouri Department of Transportation, P.O. Box 270, Jefferson City, MO 65102. If the utility owner requests an informal hearing, MoDOT’s authorized representative will advise the applicant of the time, date, and place of the hearing. The hearing is not a contested case under RSMo 536. The rules of evidence will not apply at the hearing, and MoDOT’s decision after the conduct of the hearing is not subject to further appeal.&lt;br /&gt;
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==643.1.9 Excess Right of Way==&lt;br /&gt;
Prior to conveyance of excess right of way, the status of utility facilities within said parcel must be addressed. See [[236.5_Property_Management#236.5.12_Excess_Land_Conveyances_&amp;amp;_Relinquishments_–_Regulated_Utilities|EPG 236.5.12]].&lt;br /&gt;
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==643.1.10 Broadband==&lt;br /&gt;
Broadband development in the state of Missouri is handled by the Department of Economic Development (DED). MoDOT shares its approved Statewide Transportation Improvement Program (STIP) project list with DED. All MoDOT policies related to placement of utility facilities within Commission right of way as outlined in this EPG article 643.1 are to be followed.&lt;br /&gt;
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https://epg.modot.org/files/5/55/643.1_Utility_Status_Letter.doc&lt;br /&gt;
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&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643.2 Utilities in Program Delivery &#039;&#039;PAGE TITLE&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt; &lt;br /&gt;
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==643.2.1 Introduction==&lt;br /&gt;
Improvements to the highway system often require negotiation between the Commission and a city, a county, or a public or private utility owner. The Commission’s district utilities staff is responsible for coordination of highway improvement projects with the utility owner’s representative. The impact to a utility, the responsibility for the cost of adjustments necessary to allow highway construction, the plan of adjustment of the utility, the responsibility of performance of work on utility facilities, and the schedule of the utility adjustment are all items that vary depending on the project and should be investigated and negotiated to ensure highway improvement projects are delivered on-time and on-budget. These should comply with Commission policy. A flowchart [link here] outlining all the utility adjustment processes (reimbursable and non-reimbursable relocations, Master Reimbursable Utility Agreements and Project Specific Agreements, etc.) are available in the list of figures at the top of the page. These processes will not always be in combination, but each should be considered with each project.&lt;br /&gt;
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The district utilities staff, in conjunction with the Transportation Project Manager (TPM), is expected to invite and encourage participation of utility owner representatives in MoDOT project meetings as needed.&lt;br /&gt;
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When a project involves utility adjustments for which the Commission is responsible for costs, the TPM should program the costs of the utility adjustments as non-contractual construction costs in the STIP Information Management System (SIMS).&lt;br /&gt;
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==643.2.2 Annual Utility Meeting==&lt;br /&gt;
Each district should hold an annual meeting with utilities to discuss current STIP projects in the district. The annual meeting should be held during each year&#039;s STIP preparations, ideally between January and May. All utility owners that have utility facilities in the district should be invited. The intent is to provide the utility owners with an idea of upcoming projects to allow them the opportunity to plan and budget for potential adjustments of their utility facilities, identify both MoDOT and utility roadblocks, and develop action plans to complete utility adjustments better, faster, and cheaper.&lt;br /&gt;
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==643.2.3 Determination of Existing Utilities==&lt;br /&gt;
District utilities staff should determine the appropriate level of effort needed to accurately identify existing utilities within the footprint of a proposed highway construction project. Aboveground utilities are easily identifiable via field checks; however, determination of the precise location of underground utilities can be more challenging and time consuming. Therefore, the district utilities staff should balance the risk of conflict with the highway construction project against the level of effort needed to determine the location.&lt;br /&gt;
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The level of effort on mapping utilities is dependent on the scope of the project and the potential for utilities having an impact on the construction of the project. The project schedule should include the time to complete this task accurately. The time and effort necessary for having accurate locates requires close interaction with the utility locators. Early contact with utility owner representatives may be necessary to accurately locate underground utility facilities.&lt;br /&gt;
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Various methods of determining existing underground utilities result in different levels of quality. ASCE Standard 38 Standard Guidance for Investigating and Documenting Existing Utilities classifies four levels of quality:&lt;br /&gt;
:1. Quality Level D: QL-D is the most basic level of information for utility locations. It comes solely from existing utility records or verbal recollections, both typically unreliable sources. It may provide an overall &amp;quot;feel&amp;quot; for the congestion of utilities but is often highly limited in terms of comprehensiveness and accuracy. QL-D is useful primarily for project planning and route selection activities.&amp;lt;br&amp;gt;&lt;br /&gt;
: Missouri 811 or “private-locate” markings are to be considered to be QL-D.&lt;br /&gt;
:2. Quality Level C: QL-C is probably the most used level of information. It involves surveying visible utility facilities (e.g., manholes, valve boxes, etc.) and correlating this information with existing utility records (QL-D information). When using this information, it is not unusual to find that many underground utilities have been either omitted or erroneously plotted. Therefore, its usefulness is primarily on rural projects where utilities are not prevalent or are not too expensive to repair or relocate.&lt;br /&gt;
:3. Quality Level B: QL-B involves the application of appropriate surface geophysical methods to determine the existence and horizontal position of virtually all utilities within the project limits. This activity is called &amp;quot;designating&amp;quot;. The information obtained in this manner is surveyed to project control. It addresses problems caused by inaccurate utility records, abandoned or unrecorded utility facilities, and lost references. The proper selection and application of surface geophysical techniques for achieving QL-B data is critical. Information provided by QL-B can enable the accomplishment of preliminary engineering goals. Decisions regarding location of storm drainage systems, footers, foundations, and other design features can be made to avoid conflicts with existing utilities. Slight adjustments in design can produce substantial cost savings by eliminating utility relocations.&lt;br /&gt;
:4. Quality Level A: QL-A, also known as &amp;quot;locating or potholing&amp;quot;, is the highest level of accuracy presently available and involves the full use of the subsurface utility engineering services. It provides information for the precise plan and profile mapping of underground utilities through the nondestructive exposure of underground utilities, and provides the type, size, condition, material, and other characteristics of underground features.&lt;br /&gt;
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For projects with scopes that have potential for utility conflicts, the minimum level of effort required is SUE Quality Level D. Locations of existing utilities are determined by requesting locates through Missouri 811, also known as the “One-Call” process. Missouri 811 locating requests should be carefully considered for the scope of work of the project. When necessary, the location of existing utilities should be established by a field survey of locate markings and features and shown on the roadway plans. Higher level SUE Quality Levels can be used on any project. Adjustment cost savings, whether to the MoDOT or to the utility owner, are beneficial to the taxpayer. Good SUE projects are typically urban in nature, or in congested areas, where the project footprint is to be minimized, or anytime accurate vertical and horizontal location of the utility facility might allow a design to avoid the utility facility thus preventing the need for the adjustment. The SUE process combines civil engineering, surveying, and geophysics. It utilizes several technologies, including vacuum excavation and surface geophysics.&lt;br /&gt;
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When proposed excavation or installation of subsurface features (drainage, equipment bases, etc.) falls within three feet (3’) of a marked Missouri 811 line, soft digging (hand digging, potholing, vacuum methods, pressurized air/water jetting, pneumatic hand tools, etc.) is required to more exactly locate the utility facility both horizontally and vertically. Utility facilities present within the right of way by permit, should be investigated by the utility owner. Utility facilities that would be reimbursable or partially reimbursable as defined in EP 643.2.8 will be investigated by MoDOT.&lt;br /&gt;
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==643.2.4 Conflict Determination==&lt;br /&gt;
Determination of whether a conflict exists between an existing utility facility and a proposed highway improvement project should occur at the earliest possible stage of project development. A conflict may be the result of the physical interaction between the roadway infrastructure and utility facility, a reduction in cover or increase in fill over underground utilities, a reduction in horizontal clearance whether above or below ground, a reduction in overhead vertical clearance, paving over utilities, or restricting a utility owner’s access to its utility facilities. District utilities staff should work with utilities to determine if a conflict exists and the appropriate plan of adjustment to remedy the conflict. The adjustment to the utility may be a relocation or another measure that protects the utility or access to the utility from the proposed highway improvement project. Determination of a conflict needs to be continually re-evaluated as the project design progresses. Continuing coordination is essential.&lt;br /&gt;
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==643.2.5 Utility Plan of Adjustment==&lt;br /&gt;
===643.2.5.1 Request for Plan of Adjustment===&lt;br /&gt;
District utilities staff will request a plan of adjustment from utility owners whose utility facilities are in conflict with a proposed highway project. The plan of adjustment may consist of efforts to relocate the utility or otherwise protect a utility from the impacts of the proposed highway project. Utilities are shown on the roadway plan and profiles sheets that are furnished to utility owners for use in planning required utility adjustments. Any other sheets such as drainage, traffic signal, lighting, or ITS plans that show impacts to a utility facility should also be provided to the utility owners. All adjustments, reimbursable or not, require a plan of adjustment furnished by the utility owner.&lt;br /&gt;
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A transmittal letter is included in the request for a plan of adjustment. The letter informs the utility owner that regardless of whether an adjustment is reimbursable, no physical adjusting or relocating of their utility facilities to accommodate the proposed highway improvement is to be performed without specific approval and authorization. Additionally, if any part of the adjustment has the potential to be reimbursable, they are advised:&lt;br /&gt;
# They may undertake preliminary engineering by their own forces upon approval by district utilities staff of the estimated costs of preliminary engineering.&lt;br /&gt;
# They may employ a consultant to do the PE work provided they request and obtain prior approval. See [[#643.2.6_Preliminary_Engineering_Requirements|EPG 643.2.6 Preliminary Engineering Requirements]].&lt;br /&gt;
# Any preliminary engineering costs accrued prior to the date of written authorization to proceed will not qualify for reimbursement.&lt;br /&gt;
# Replacement right of way or easements cannot be purchased without specific approval and authorization.&lt;br /&gt;
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===643.2.5.2 Proposed Plan of Adjustment===&lt;br /&gt;
Developing a plan of adjustment is a multi-step process. The utility owner will propose a conceptual approach to adjusting the utility facilities to allow highway construction. This conceptual approach is used as the basis for determining cost responsibility, estimate of costs for preliminary engineering and construction, developing the agreement if necessary, and final design of the adjustment. Negotiations between district utility staff and the utility owner’s representative can result in changes to the design throughout the process.&lt;br /&gt;
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Final plans of adjustment must contain a legend on the first sheet identifying the utility symbols used. They must also show the existing utility facilities and their disposition, the location of the new or adjusted utility facilities, the existing and new right of way lines, the limited or fully controlled access symbols (where applicable), the existing and proposed roadways, ramps, and outer roadways and any other pertinent roadway information. They must contain sufficient details concerning location, elevation, compaction, clean up, etc. to provide for the proper adjustment of the utility facility. Relocated and/or existing utility facilities that will remain in place must be dimensioned or indicated in a manner to show their location in respect to the right of way lines. It is preferred that the utility owner transmits the plan of adjustment by electronic deliverables in a format that can be incorporated into the roadway plans. This will reduce the time and effort necessary as well as increase the accuracy of transferring this information into the roadway plans.&lt;br /&gt;
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Plans of adjustment received from the utility owner are to be checked for compliance with MoDOT’s requirements ([[#643.1_Utilities_Location|EPG 643.1 Utility Location]]) by the district utilities staff. They are also checked to ensure compatibility with the roadway design. Any continuing conflicts are resolved through negotiations with the utility owner.&lt;br /&gt;
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Occasionally, it is impractical to perform a utility adjustment in accordance with MoDOT’s requirements. Sometimes the utility may request approval of a plan of adjustment that does not conform to these requirements. Deviation from MoDOT’s utility requirements is a variance. Refer to [[#643.1.8_Variances|643.1.8 Variance Process]] for additional guidance.&lt;br /&gt;
The final plan of adjustment is included as Exhibit “A” to the agreement ([[#643.2.12_Utility_Agreements|EPG 643.2.12 Agreements]]).&lt;br /&gt;
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==643.2.6 Preliminary Engineering Requirements==&lt;br /&gt;
Preliminary engineering (PE) can be performed one of four ways for utility adjustments:&lt;br /&gt;
# The utility owner can use its own engineering forces.&lt;br /&gt;
# MoDOT can select an engineering consultant, after consultation with the utility owner, and the consultant contract will be administered by MoDOT.&lt;br /&gt;
# The utility owner can select an engineering consultant, with approval by MoDOT, and the consultant contract will be administered by the utility owner.&lt;br /&gt;
# If a utility adjustment is being included in a MoDOT administered construction contract, the preliminary engineering of the adjustment can be provided by MoDOT.&lt;br /&gt;
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For reimbursable utility adjustments, the amount paid to engineers, architects, and others for required engineering and allied services can be included in reimbursement amount provided such amounts are not based on a percentage of the costs of the necessary adjustments to allow highway construction. Reimbursement is available for contracts executed after solicitation of a consultant for the specific adjustment or existing continuing contracts when it is demonstrated that such work is performed regularly for the utility owner in its own work and that the costs are reasonable.&lt;br /&gt;
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A [https://epg.modot.org/forms/general_files/DE/UtilityConsultantContractChecklist.docx checklist is available for reviewing consultant-engineering contracts] to ensure the contract conforms to MoDOT policy and complies with applicable federal regulations. District utilities staff should use the checklist to review contracts and may consult with Audits and Investigations Division as necessary. The procedures in 23 CFR part 172, Administration of Engineering and Design Related Service Contracts may be used as a guide for reviewing proposed consultant contracts. [[:LPA:136.4_Consultant_Selection_and_Consultant_Contract_Management|EPG 136.4 Consultant Selection and Consultant Contract Management]] may also be used as a guide.&lt;br /&gt;
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===643.2.6.1 Solicited Consultant Contracts===&lt;br /&gt;
If solicitation of PE services is required for reimbursable utility adjustments, the utility owner must provide the following documents and information to district utilities staff. These documents need to be provided as soon as the utility owner has chosen to solicit a consultant. Document 1 must be supplied by all utility owners. Documents 2 and 3 are only required when the utility owner is a local government agency who is also a political subdivision of the state of Missouri (e.g., city-owned utilities, county-owned utilities). All other utility owners are encouraged, but not required, to provide Documents 2 and 3:&lt;br /&gt;
# A statement that the utility owner is not staffed or able to perform the required PE services with its own forces.&lt;br /&gt;
# Provide the names of at least three (3) consultants considered.&lt;br /&gt;
# The criteria used to evaluate each consultant and reasons why the selected consultant was selected.&lt;br /&gt;
&lt;br /&gt;
The following documents need to be provided as soon as the utility owner has successfully negotiated and entered into a contract with the consultant:&lt;br /&gt;
# The name and address of the selected consultant.&lt;br /&gt;
# A statement that the &amp;quot;[https://epg.modot.org/forms/general_files/DE/CertificationOfConsultant.docx Certification of Consultant]&amp;quot; will be furnished immediately upon award of the contract to the consultant.&lt;br /&gt;
# One executed copy of the proposed engineering contract or agreement between the utility owner and consultant, only if the engineering will exceed $5,000.00.&lt;br /&gt;
# The consultant&#039;s fixed (lump sum) or estimated fee (actual cost) and the contract maximum.&lt;br /&gt;
# A cost summary providing a detailed breakdown of the basis for the consultant&#039;s compensation, including estimated labor hours, hourly rates for each classification, overhead rate (if used), the amount of profit charged, and any other estimated charges such as travel expenses, equipment rentals, etc. If an overhead rate is used, the consultant must also submit the supporting overhead rate calculations.&lt;br /&gt;
# An independent cost estimate of engineering services provided by the utility owner to use in comparison to the consultant’s proposed engineering services to check for cost reasonableness.&lt;br /&gt;
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===643.2.6.2 Continuing Consultant Contracts===&lt;br /&gt;
When a utility owner chooses to use an existing continuing contract for PE services, the utility owner must provide the following documents and information to the district utilities staff as soon as possible.&lt;br /&gt;
# A statement that the utility owner is not staffed or able to perform the engineering with its own forces.&lt;br /&gt;
# The name and address of the consultant under the existing continuing contract.&lt;br /&gt;
# A statement that the &amp;quot;[https://epg.modot.org/forms/general_files/DE/CertificationOfConsultant.docx Certification of Consultant&amp;quot;&amp;quot; will be furnished.&lt;br /&gt;
# A copy of the continuing contract to the district utilities staff. The district utilities staff will review the contract for reasonableness of cost.&lt;br /&gt;
# The consultant&#039;s fixed (lump sum) or estimated fee (actual cost) and the contract maximum for the work associated with the utility adjustment.&lt;br /&gt;
# A cost summary providing a detailed breakdown of the basis for the consultant&#039;s compensation, including estimated labor hours, hourly rates for each classification, overhead rate (if used), the amount of profit charged, and any other estimated charges such as travel expenses, telephone, etc. If an overhead rate is used, the consultant must also submit the supporting overhead rate calculations.&lt;br /&gt;
# An independent cost estimate of engineering services provided by the utility owner to use in comparison to the consultant’s proposed engineering services to check for cost reasonableness.&lt;br /&gt;
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===643.2.6.3 Consultant Contract Changes===&lt;br /&gt;
If a PE services contract between a utility owner and a consultant needs to be revised, a copy of the revised contract, fee, and schedule should be submitted by the utility owner to the district utilities staff prior to allowing for contract changes. District utilities staff should review the contract changes to ensure the revised contract conforms to MoDOT policy and complies with applicable federal regulations.&lt;br /&gt;
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==643.2.7 Environmental and Right of Way==&lt;br /&gt;
===643.2.7.1 Utilities and Environmental Clearances===&lt;br /&gt;
District utilities staff should coordinate with the TPM and utility owner’s representative to understand and communicate on known environmental and cultural constraints that could impact a utility owner’s plan of adjustment. This will allow the utility owner to consider permitting timelines and alternatives that avoid environmental or cultural resources to keep the project on schedule.&lt;br /&gt;
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One strategy to make project delivery more efficient and ensure regulatory compliance is for MoDOT to obtain the environmental and cultural resource permits and clearances for the utility owners associated with a roadway improvement while obtaining its own. This would generally only be for the permits and regulatory clearances MoDOT already needs to pursue as a part of the transportation improvement.&lt;br /&gt;
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District utilities staff should coordinate with the utility owner’s representative early in the project timeline to determine if it is in the best interest of both MoDOT and the utility owner to obtain permits and environmental clearances jointly. The following strategies can be utilized to determine if a joint approach to environmental work should be pursued:&lt;br /&gt;
* If utility facilities are moving to a location within or immediately adjacent to MoDOT right of way, a utility owner may be invited to participate in permitting and environmental compliance activities.&lt;br /&gt;
* If utilities move to a location not within or adjacent to MoDOT right of way, the utility company would not normally be invited to participate in permit applications and environmental compliance activities. However, some unique projects may necessitate further attention and should be discussed with the Design Liaison Engineer.&lt;br /&gt;
&lt;br /&gt;
If MoDOT and the utility owner agree to obtain joint permits and clearances, written communication between the utility owner’s representative and the district utilities staff should document the following items:&lt;br /&gt;
* List of the permits and clearances that MoDOT will acquire on behalf of the utility owner.&lt;br /&gt;
* List of the information needed from the utility owner in order for MoDOT to acquire the permits and clearances.&lt;br /&gt;
* Schedule and deadlines for submittal of the information by the utility owner. For example: utility plans, fill quantities, construction methods, dates, or seasons of construction.&lt;br /&gt;
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Permits and clearances that may be needed by both a utility owner and MoDOT include:&lt;br /&gt;
* [[127.7_Threatened_and_Endangered_Species|Endangered Species Act consultation and clearance]]&lt;br /&gt;
* [[127.2_Historic_Preservation_and_Cultural_Resources#127.2.1.1_Historic_Preservation_Regulations_and_Laws|Section 106 of the National Historic Preservation Act clearance]]&lt;br /&gt;
* [[127.10_Section_4(f)_Public_Lands|Section 4(f) clearance]]&lt;br /&gt;
* [[127.10_Section_4(f)_Public_Lands#127.10.1.4_Section_6(f)_Laws_and_Regulations|Section 6(f) of the Land and Water Conservation Fund Act clearance]]&lt;br /&gt;
* [[127.4_Wetlands_and_Streams|Section 401 and Section 404 of the Clean Water Act permits]]&lt;br /&gt;
* [[:Category:806_Pollution,_Erosion_and_Sediment_Control#806.1_Introduction_(see_Sec._806)|Section 402 of the Clean Water Act permit (State Operating Permit for Erosion Control)]]&lt;br /&gt;
* [[127.8_Hazardous_and_Solid_Waste|Recommendations on contaminated soil disposition]]&lt;br /&gt;
&lt;br /&gt;
===643.2.7.2 Right of Way Acquisition and Utilities===&lt;br /&gt;
The Commission is obligated to acquire the width of right of way required by the design of the highway improvement. For utility facilities currently located within the Commission’s right of way, this includes the necessary space for the utility facilities impacted by the design of the highway improvement. Either additional right of way width to accommodate a utility corridor or a utility easement can be obtained for the relocation of utility facilities. When drainage easements are acquired along a channel, additional space for utility facilities should be considered to avoid conflicts between the utility facility and the bridge or culvert.&lt;br /&gt;
&lt;br /&gt;
District utilities staff should inform the utility owner’s representative of the potential of a conflict between an existing utility facility and a proposed highway construction project early in the project development process to allow sufficient time for the utility owner to prepare a plan of adjustment and notify the district utilities staff of any easement needs. When utility facilities are located on a utility owner’s private easement, the utility owner may obtain its own new easements. If the utility owner is not in a position to negotiate for new easements or if the utility owner’s policies will not permit it to condemn property to obtain the easement, MoDOT can acquire the easement in the same manner roadway right of way is obtained. The district utilities staff should verify the utility owner is aware of the opportunity to have MoDOT acquire the easement, and the utility owner should provide written documentation on whether the utility owner would like to pursue this option with MoDOT.&lt;br /&gt;
&lt;br /&gt;
For situations where the utility owner will obtain its own replacement right of way and the cost of the adjustment is MoDOT’s responsibility, the utility right of way cost should be reviewed by the district right of way department to ensure the cost is reasonable and acquisition followed state and federal regulations. In order to expedite utility adjustments necessary to allow highway construction, the district utility staff may authorize the utility owner to obtain easements prior to all details of a plan of adjustment being developed. In this situation, the district utilities staff should ensure enough details are known to justify the needed right of way, and an agreement for right of way costs only should be executed with the utility owner.&lt;br /&gt;
&lt;br /&gt;
For situations where MoDOT will obtain the right of way necessary to allow highway construction, district utility staff should negotiate with the utility owner’s representative to ensure all necessary utility easements are shown on the approved right of way plans. The TPM should confirm with district utilities staff that the right of way plans accurately reflect the needs of the utility owners prior to requesting right of way plan approval. The district Right of Way Manager should confirm with district utilities staff before requesting an acquisition date (A-date). Every effort should be made to avoid adding utility easement requests once negotiations with property owners have begun.&lt;br /&gt;
&lt;br /&gt;
Occasionally, when negotiations cannot be completed for easements for the adjustment of utility facilities, it may be necessary to condemn for the property. District utilities staff should coordinate with the utility owner’s representative to ensure no alternate design for the adjustment of the utility facility is practical. The decision to condemn for easements for the adjustment of the utility facilities requires the exercise of good judgment in reaching the conclusion that further good faith negotiations are futile and condemnation is necessary to maintain the project in the scheduled letting. The TPM should coordinate with the district utilities staff and district Right of Way (RW) personnel on the condemnation proceedings.&lt;br /&gt;
&lt;br /&gt;
Easement and other right of way documents used with utility owners are handled in accordance with procedures established jointly with RW and district utilities staff. District survey staff prepare the land descriptions for use in utility easements. The district utilities staff is responsible for completion of the easements in the correct form and scope. A sketch delineating the area described is attached to the easement as Exhibit “A”. Communication with the Design Division will ensure use of proper forms, corporate names and locations, and particular wording required for joint ownerships. The description for a utility easement is to be referenced to the nearest land corner shown on the plans. Examples of easements can be found in the template list in [https://netprod3.dot.missouri/eAgreements/Search/QuickSearch eAgreements].&lt;br /&gt;
&lt;br /&gt;
In situations where MoDOT is acquiring right of way with existing utility easements, but the district utilities staff and the utility owner’s representative agree that the utility facility may remain in place, the utility owner will release the property to the Commission separate from the right of way acquisition. This is done by executing an Easement for Highway Construction (UT16). The utility owner grants and conveys, with warranty of title expressed or implied, to the Commission, the right to construct, reconstruct, and maintain a highway over and across that portion of the easement owned and held by the utility owner. In the future, the utility owner retains any reimbursable rights should future projects require adjustments to allow highway construction.&lt;br /&gt;
&lt;br /&gt;
==643.2.8 Cost Responsibility==&lt;br /&gt;
In addition to determining if a conflict exists between an existing utility facility and a highway improvement project, it is important to determine who is responsible for the costs of the necessary adjustments to allow highway construction. An adjustment for which the Commission is responsible for the costs is known as a reimbursable adjustment. An adjustment for which the Commission is not responsible for the costs is known as a non-reimbursable adjustment. An adjustment for which the Commission and the utility share responsibility for costs is known as a partially reimbursable adjustment. Adjustments determined to be reimbursable or partially reimbursable by the Commission are to be completed under the terms of an agreement executed between the utility owner and the Commission.&lt;br /&gt;
&lt;br /&gt;
===643.2.8.1 Commission Responsibility===&lt;br /&gt;
====643.2.8.1.1 Utility Facilities Located on Private Easements====&lt;br /&gt;
When the utility facility is located on a private easement within the new right of way to be acquired for a future project, the Commission is responsible for the cost of the necessary adjustments to allow highway construction. It may be possible that such easement does not have written easement rights. The Commission will honor this oral right provided acceptable documentation is provided by the utility owner to the district utilities staff. An [https://epg.modot.org/forms/general_files/DE/NonwrittenEasementRights_Example.docx example of acceptable documentation for not written easement rights] is available. Other forms of documentation will be considered on an individual basis.&lt;br /&gt;
&lt;br /&gt;
=====643.2.8.1.1.1 Future Moves=====&lt;br /&gt;
When the utility facility is located on a private easement, taken into the Commission’s right of way, the Commission may agree that any future moves of the same utility by Commission order may be made at the Commission’s cost. Documentation of this agreement is by an Easement for Highway Construction (UT16) agreement. If the Commission provides a substitute private easement, then the Commission will have future obligations consistent with the utility facility’s status in an easement.&lt;br /&gt;
&lt;br /&gt;
====643.2.8.1.2 Utility Facilities Located within Commission Right of Way====&lt;br /&gt;
When the utility facility is located within Commission right of way, but has prior land rights, the Commission is responsible for the cost of adjustments to allow highway construction. The utility owner is responsible for documenting to the satisfaction of the district utilities staff, the basis for the claim of prior land rights within Commission right of way. Time spent researching prior rights is considered coordination and is reimbursable.&lt;br /&gt;
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====643.2.8.1.3 City or County Utility Facilities on City or County Streets====&lt;br /&gt;
When roadway improvements are within the corporate limits of cities, towns, and villages, a municipal agreement is negotiated between the Commission and the municipality. Likewise, when roadway improvements are within the limits of a county and outside the municipal limits, a county agreement is negotiated between the Commission and the County Commission. Included in these agreements are provisions regarding reimbursement for adjusting city or county owned utility facilities. Reimbursement is provided for adjustment of city or county owned utility facilities that are now located on city or county streets and not on Commission right of way.&lt;br /&gt;
&lt;br /&gt;
====643.2.8.1.4 Lumen====&lt;br /&gt;
Lumen – National (formerly CenturyLink, Lightcore, or Digital Telephone, Inc. (DTI)) and the Commission have entered into a partnership agreement, “Amended and Restated Fiber Optic Cable on Freeways in Missouri,” executed June 5, 2003 which obligates the Commission to be responsible for the cost of the necessary adjustments to allow highway construction along the routes identified in the agreement. A copy of the agreement is available to district utilities staff.&lt;br /&gt;
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====643.2.8.1.5 Services to the Commission====&lt;br /&gt;
When a utility facility provides a service connection to local Commission facilities such as power to traffic signals, lighting, ITS, and cathodic protection and phone drops to traffic signal controllers or other Commission facilities, the Commission is responsible for the cost of the necessary adjustments to allow highway construction.&lt;br /&gt;
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====643.2.8.1.6 Private Service Lines====&lt;br /&gt;
While most utility owners reconnect the private service lines at no cost to the property owner, some do not. If a utility owner does not reconnect service lines, MoDOT can include adjustment of private service lines in roadway contracts. Bid items for relocating service connections are provided for the different types of anticipated adjustments.&lt;br /&gt;
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====643.2.8.1.7 Second Moves====&lt;br /&gt;
If the Commission requires additional work to a utility facility after the facility has been relocated or adjusted in accordance with a plan of adjustment approved by the Commission for a single project number, the Commission is responsible for the cost of the additional work regardless of whether the initial adjustment was Commission responsibility as outlined in other parts of [[643.2_Local_Utility_Adjustments_-_Public_and_Private#643.2.8.1_Federalizing_Funds_for_Preliminary_Engineering|643.2.8.1]].&lt;br /&gt;
&lt;br /&gt;
The purpose of the policy is to encourage utilities to relocate early rather than waiting until plans are published for bidding. The policy eliminates the utility having to relocate twice at its own expense because of late changes in the design. It is best to have utilities relocated prior to construction, and this policy helps achieve that goal. Therefore, it is imperative that the designer notifies district utilities staff as soon as possible of any changes made after these plans have been sent. If notified immediately, it may be possible to inform the utility owner prior to their final design thereby eliminating a second move.&lt;br /&gt;
&lt;br /&gt;
Under this policy, the following are not considered second moves. Temporary and staged relocations necessary to accommodate construction and agreed upon by the utility and the Commission prior to relocation are considered a single move and are not subject to the provisions of the second move policy. If the Commission requires adjustment of a utility facility for which the utility owner is responsible for the cost of the adjustment and was originally determined to not need adjustment, the utility owner is responsible for the cost of the adjustment. The utility owner is responsible for the cost of additional work to any portion of the utility facility after the utility facility has been adjusted in accordance with a plan of adjustment approved by the Commission if the additional work is required by the Commission due to error by the utility owner in preparation of plan of adjustment, field location of, or construction of the adjustment of the utility facility.&lt;br /&gt;
&lt;br /&gt;
When evaluating construction contract changes by change order or value engineering, the impacts of the second move policy should be considered.&lt;br /&gt;
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===643.2.8.2 Utility Owner Responsibility===&lt;br /&gt;
====643.2.8.2.1 Utility Facilities Owned and Operated by a Political Subdivision====&lt;br /&gt;
When a utility facility is located within Commission right of way, but does not have prior land rights, the utility owner is responsible for the cost of the necessary adjustments to allow highway construction. When a utility facility is located on public right of way other than Commission right of way, the utility owner is responsible for the cost of the necessary adjustments to allow highway construction.&lt;br /&gt;
&lt;br /&gt;
When a political subdivision must bear part or all the cost of adjustments to their utility facilities, and the cost creates a financial hardship, the Commission, by its authorized representative, the Chief Engineer, may temporarily assume these costs. A payback agreement with the political subdivision will include an applicable interest rate for a comparable maturity from a widely published index of tax-exempt municipal rates obtained from Financial Services. Payback time will not exceed five (5) years.&lt;br /&gt;
&lt;br /&gt;
====643.2.8.2.2 Utility Facilities Other Than Those Owned by a Political Subdivision====&lt;br /&gt;
When a utility facility is on the right of way of a public road or street or on state highway right of way without prior land rights and adjustment is necessary to allow for the construction of a roadway improvement, the utility owner is responsible for the cost of the necessary adjustments to allow highway construction.&lt;br /&gt;
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===643.2.8.3 Shared Responsibility===&lt;br /&gt;
When a utility facility is located such that portions of it are a Commission responsibility and portions of it are a utility owner responsibility by the definitions above, the costs of the necessary adjustments to allow highway construction will be split by the Commission and the utility owner. If the exact cost for each party can be determined, each party will be responsible for their portion of the cost of relocating the utility facility. If the exact cost for each party cannot be determined, the parties will arrive at a percentage reimbursement on an equitable basis.&lt;br /&gt;
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===643.2.8.4 Notice of Hearing===&lt;br /&gt;
When relocation or other difficulties with utility facilities on public right of way arise that prevent resolution by negotiation, formal hearings will be required.&lt;br /&gt;
&lt;br /&gt;
The district initiates a request for a utility relocation hearing with a letter to the Chief Counsel’s Office (CCO) (a copy is provided to the Design Division) requesting a hearing date. CCO will arrange for a hearing room, court reporter, etc. and advise the district of the hearing date.&lt;br /&gt;
&lt;br /&gt;
The district will prepare the notice of hearing by strictly following the given format and serve the notice on all persons and utility owners listed. The property and utility owner must be served only by personal service or by mailing a certified letter, return receipt requested, no later than 15 days before the date of hearing. This will require the district to make every effort to identify the correct property owner before preparing the notice of hearing. To avoid delays, every attempt will be made to issue the hearing notice at least 30 days prior to the hearing date in case any property has changed ownership and any additional property owners must be served. A notice of hearing on service line connections will also be served on the private or public owner of the main or distribution line to which the service lines are connected. A notarized &amp;quot;Report of Personal Service&amp;quot; will be completed when notification by certified mail is not used.&lt;br /&gt;
&lt;br /&gt;
One copy of the hearing notice and attachments, &amp;quot;Report of Personal Service&amp;quot; and certified mail notices are to be submitted to CCO after notification is complete.&lt;br /&gt;
&lt;br /&gt;
Prior to the hearing, the district&#039;s representative will become familiar with the details of the utility adjustment in order to provide concise testimony to expedite the hearing process. CCO will assign an attorney to work with the district and present the case.&lt;br /&gt;
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Refer to 7 CSR 10-3.030 020 Utility Relocation Hearings for additional information.&lt;br /&gt;
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A Waiver of Hearing should be obtained for non-reimbursable adjustments to document the commitment of the utility owner to adjust its utility facilities without adversely impacting the highway construction project. This may be accomplished informally via written communications between the district utilities staff and the utility owner’s representative. A [https://epg.modot.org/forms/general_files/DE/WaiverOfHearingForm.docx formal Waiver of Hearing statement] may be requested by either MoDOT or the utility owner. A [https://epg.modot.org/forms/general_files/DE/WaiverOfHearingLetter.docx sample transmittal letter for the Waiver of Hearing] is available. For reimbursable or partially reimbursable adjustments, the formal agreement serves as the basis of documentation of this commitment.&lt;br /&gt;
&lt;br /&gt;
==643.2.9 Estimates==&lt;br /&gt;
District utilities staff will negotiate with utility owners to determine reimbursable costs of the necessary adjustments to allow highway construction ([[#643.2.8_Cost_Responsibility|EPG 643.2.8 Cost Responsibility]]). These estimates are prepared in accordance with the provisions of 23 CFR 645 and any amendment thereto. These estimates must reflect the same procedures and costs used by the utility owners in their normal operations and must also accurately represent the expected costs of the work. The utility owner’s estimate will be reviewed by the district utilities staff to ensure compliance with 23 CFR 645.&lt;br /&gt;
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===643.2.9.1 Independent Cost Estimate===&lt;br /&gt;
The independent cost estimate provides the basis for district utilities staff to review the utility owner’s estimate of costs of the necessary utility adjustments to allow highway construction and any subsequent negotiations with the utility owner. The district utilities staff should prepare an independent cost estimate. The independent cost estimate may be based on unit prices of anticipated items of work in a utility adjustment necessary to allow highway construction. The independent cost estimate alternately may be based on recent similar types of utility adjustments necessary to allow highway construction and scaled for size. Consultants can be used to develop the independent cost estimate. All documentation of the independent cost estimate should be placed in MoProjects.&lt;br /&gt;
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===643.2.9.2 Type of Project Cost Estimates===&lt;br /&gt;
Either Actual Cost or Lump Sum estimates may be used for estimating the costs on the necessary utility adjustments to allow highway construction. If an Actual Cost estimate is used, detailed records of materials, labor, and equipment are made by district utilities and/or construction staff during construction, and a final audit of the utility owner’s cost records is made to determine the Commission’s actual responsibility for costs of the adjustment completed to allow highway construction. If a Lump Sum estimate is used, a final audit of costs for an adjustment in payment is not required. The Actual Cost method requires more detailed record keeping and documentation by the utility owner and district staff during construction. The Lump Sum method requires more upfront detail and work by the utility owner and judgment on the district utilities staff on the acceptability of the cost. The district utilities staff will work with the utility owner’s representative to determine the best type of estimate and therefore agreement to use.&lt;br /&gt;
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====643.2.9.2.1 Actual Cost Estimate====&lt;br /&gt;
The cost estimate that supports the actual cost agreement is prepared in sufficient detail to determine the reasonable expected cost of the work to support development of an agreement between the utility owner and the Commission. However, reimbursement is based on the actual costs of design and construction of the necessary adjustment to allow highway construction. The actual cost estimate should detail all costs of the necessary adjustment to allow highway construction, even if the Commission is only responsible for a portion of the costs as detailed in EPG [[#643.2.8.3_Shared_Responsibility|643.2.8.3 Shared Responsibility]].&lt;br /&gt;
&lt;br /&gt;
Actual cost estimates can be used for any dollar amount of reimbursement.&lt;br /&gt;
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====643.2.9.2.2 Lump Sum Estimates====&lt;br /&gt;
The cost estimate that supports the lump sum agreement must be accurate, comprehensive, verifiable, and in sufficient detail to present a clear picture of the work involved and the cost of the individual items. The estimate may cover only that portion of the adjustment for which the Commission is responsible for the costs of the necessary utility adjustments to allow highway construction.&lt;br /&gt;
Lump sum estimates are limited to a maximum of $200,000 of Commission responsibility of costs of the necessary utility adjustments to allow highway construction; however, exceptions may be made for special situations that have prior approval from Design Division. These exceptions usually cover major relocations for which the Commission&#039;s proportionate responsibility is extremely small.&lt;br /&gt;
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===643.2.9.3 Utility Cost Estimate Requirements===&lt;br /&gt;
Whether using an Actual Cost or Lump Sum estimate, the following should be included in the estimate, if applicable. If any of the following sections are not included in the estimate, a qualifying statement as to why the costs were not included should be provided.&lt;br /&gt;
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====643.2.9.3.1 Scope of Work====&lt;br /&gt;
All estimates require a concise summary of the work to be performed on the estimate. An example is &amp;quot;an estimate of cost covering the work of relocating Company&#039;s 12-inch Cushing-Woodriver pipeline to accommodate construction of Route 47 in Franklin County on Job No. J6P0172&amp;quot;.&lt;br /&gt;
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====643.2.9.3.2 Engineering Costs====&lt;br /&gt;
Costs of engineering, whether preliminary or construction, must be shown as separate items and are not to be included with &amp;quot;labor costs&amp;quot;. Concurrent cost accounting procedures of FHWA and MoDOT make this a necessity. See EPG 643.2.6 Preliminary Engineering and EPG 643.2.16.2 Construction Contract Requirements for further information.&lt;br /&gt;
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====643.2.9.3.3 Right of Way Costs====&lt;br /&gt;
A detailed estimate of the cost to acquire replacement easements by the utility owner is required. The cost should be supported by a right of way plan.&lt;br /&gt;
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====643.2.9.3.4 Material Costs====&lt;br /&gt;
Quantities, description of the item, the unit cost, and the extended totals are shown. Percentage computations will be shown immediately following &amp;quot;total cost&amp;quot; so the utility owner’s and Commission&#039;s cost obligations are properly indicated. Unit assembly costs similar to those used by several of the rural electric association (R.E.A.) cooperatives are acceptable, provided the same units and charges are used in the utility owner’s regular operations. A handling charge conforming with the utility owner’s regular procedures may also be included.&lt;br /&gt;
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====643.2.9.3.5 Labor Costs====&lt;br /&gt;
Hours, individual or crew rates, and extended totals are shown. Payroll additives such as insurance, retirement, social security, vacation, and other benefits are shown as a separate item under this heading in accordance with utility owner’s regular procedures. Adequate explanation must be given for total percentage used, especially in those cases where materials and labor are combined as unit costs or where labor percentages include additives and equipment requirements.&lt;br /&gt;
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====643.2.9.3.6 Equipment Costs====&lt;br /&gt;
A description of the equipment to be used must be shown jointly with the number of hours to be charged. Rates charged for equipment usage must be justified by the utility owner’s established accounting procedures. When the utility owner does not have an established accounting procedure or a capitalization and depreciation schedule that is used in its own operations, the rates are to be established by using rental rate publications as a guide. A reasonable amount will be deducted, when using rental rate schedules, for profit that the rental company realizes. A full explanation of the methods used in establishing the rates must also be submitted to support the utility owner’s request and with approval of the district utilities staff.&lt;br /&gt;
&lt;br /&gt;
Equipment may be rented when the utility owner’s equipment is not available or is inadequate, with the rental rate justified by appropriate solicitation of bids. See EPG 643.16.2 Construction Contract Requirements for further information.&lt;br /&gt;
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Unusual accounting procedures may be accepted with adequate prior explanations and approval of the Design Division.&lt;br /&gt;
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====643.2.9.3.7 Removal Costs====&lt;br /&gt;
These costs are estimated and shown in a similar method but separately from installation costs. When removal costs exceed salvage credits by more than the estimated cost of removal by the roadway contractor, an effort should be made to persuade the utility owner to abandon the utility facilities in place. An exception is made when the utility owner is required to remove abandoned utility facilities because of liability, hazard, or by specific agreement with the Commission. Abandoned utility facilities can be included with the miscellaneous removals in the roadway contract. It may be possible for the utility owner to remove those portions of the utility facility for which credits will exceed removal costs, with the remainder of the utility facility to be abandoned for removal in the roadway contract. Materials removed must be itemized, with the utility owner’s customary salvage credit given. Items to be scrapped or junked should be indicated. Whenever a utility facility or portion thereof is shown to be abandoned on the plan of adjustment, the roadway plans should be notated accordingly. This eliminates ownership problems if these utility facilities are removed or salvaged by the roadway contractor.&lt;br /&gt;
&lt;br /&gt;
When the utility facility is no longer needed and removal is necessary to accommodate the roadway project, the removal of the item may be handled either as a right-of way-item or a utility adjustment. When handled as a right of way item, the damages allowed are to equal the depreciated value of the utility facility, with the necessary removals being accomplished by the roadway contractor. If accomplished as a utility adjustment, the Commission, by utility agreement, will reimburse the utility owner for removal costs and receive salvage credit for the material removed, up to but not exceeding removal costs.&lt;br /&gt;
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====643.2.9.3.8 Salvage of Removed Materials====&lt;br /&gt;
This statement, to explain the salvage credit or lack of credit, will reflect routine utility owner policy as well as the particular situation. The utility owner will place a value on any recovered material for salvage. District utilities staff should check this value for reasonableness. Examples of salvage statements include:&lt;br /&gt;
* Existing utility facilities to be abandoned in place, since the cost of salvaging, based on our past experience, will exceed their value.&lt;br /&gt;
* Only those items will be salvaged for which salvage credit will exceed the cost of removal and salvage.&lt;br /&gt;
* Company liability requires removal of the retired utility facilities, even though the cost of removal will exceed allowable credit for salvage.&lt;br /&gt;
* Salvage credits are in accordance with established company accounting procedures.&lt;br /&gt;
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====643.2.9.3.9 Accrued Depreciation Credits====&lt;br /&gt;
Credit is required for the accrued depreciation of a utility facility that is being replaced. Examples are a building, structure, pumping station, filtration plant, power plant, substation, or other similar operational unit. Credit for accrued depreciation will not be required for a segment of the utility&#039;s service, distribution, or transmission lines. It is also not required when the building or structure is being moved as necessitated by the highway project. Acceptable accrued depreciation credit will be determined by using the following formula:&lt;br /&gt;
&amp;lt;math&amp;gt;\frac{\text{Actual Length of Service of Replaced Facility (Years)}}{\text{Total Estimated Service Life of Replaced Facility (Years)}} x&amp;lt;/math&amp;gt;&amp;lt;span style=&amp;quot;font-family: &#039;Times New Roman&#039;, Times, serif; font-size: 130%;&amp;quot;&amp;gt; Original Cost ($) = Credit ($)&amp;lt;/span&amp;gt;&lt;br /&gt;
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====643.2.9.3.10 Betterment Credits====&lt;br /&gt;
Betterment means the upgrading of the utility facility being relocated, made solely for the benefit of and at the election of the utility owner and is not attributable to the roadway improvement. Credit to the Commission is required for the additional costs incurred for the betterments introduced in the adjusted utility facility. No betterment credit is required for additions or improvements which are:&lt;br /&gt;
* Required by the highway project&lt;br /&gt;
* Replacement devices or materials that are of equivalent standards although not identical&lt;br /&gt;
* Replacement of devices or materials no longer regularly manufactured with next highest grade or size&lt;br /&gt;
* Required by law under governmental and appropriate regulatory commission code&lt;br /&gt;
* Required by current design practices regularly followed by the utility owner in its own work, and there is a direct benefit to the highway project&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.11 Overhead Costs====&lt;br /&gt;
Overhead costs are usually a percentage of the total labor cost. This item must be in accordance with the utility owner’s established accounting procedures, which in some cases may include handling costs or be a percentage of the total cost of the work involved. Additional attention to overhead costs is required when the rate is different from previously accepted rates. Occasionally, it can be difficult to obtain the necessary information at the time of the estimate to approve the overhead rates. In this situation, the estimate can be approved with exception of the overhead rates for payment. The utility owner is informed of this matter with the understanding that the overhead rates could be approved and paid with submission of appropriate supporting data and Financial Services audit review.&lt;br /&gt;
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====643.2.9.3.12 Prorating Costs====&lt;br /&gt;
The need for prorating utility adjustment costs occurs when both the Commission and the utility owner are responsible for a portion of the utility adjustment necessary to allow for highway construction, and the actual costs for reimbursement in each category cannot be explicitly determined. Generally, the following conditions require division of costs:&lt;br /&gt;
* The adjustment is considered partially reimbursable per EPG 643.2.8.3&lt;br /&gt;
* Betterments are included in the necessary adjustment of the utility facility&lt;br /&gt;
&lt;br /&gt;
The district utilities staff should negotiate with the utility owner’s representative to determine an equitable basis for the prorating of costs based on the characteristics of the utility adjustment necessary to allow for highway construction.&lt;br /&gt;
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====643.2.9.3.13 Costs Records====&lt;br /&gt;
The estimate should include a statement as to where the utility owner’s cost records may be reviewed. An example: &amp;quot;Company cost records will be available in our office at 2134 Industrial Avenue, Tulsa, Oklahoma&amp;quot;.&lt;br /&gt;
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====643.2.9.3.14 Other====&lt;br /&gt;
Additional statements will explain or further clarify the work that is included. Such other items may include bypasses, special equipment, need for larger utility facilities, etc.&lt;br /&gt;
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==643.2.10 Schedule==&lt;br /&gt;
Timely adjustments of utility facilities are essential for efficient completion of highway construction projects. Ideally, all utility adjustments are completed prior to a project’s Plans, Specifications, and Estimate (PS&amp;amp;E) submittal to Central Office. Depending on the specifics of the highway construction and utility adjustment necessary, early completion of the utility adjustment may not be practical. The district utilities staff should negotiate with the utility owner to determine the schedule parameters necessary for the utility adjustment. At a minimum, the utility owner should document the dates it anticipates starting and completing the work. If a utility adjustment depends upon the completion of a portion of the highway construction, the necessary milestone for starting the utility adjustment should be documented along with an anticipated number of working days to complete the utility adjustment. The schedule is included as Exhibit “C” to the agreement.&lt;br /&gt;
&lt;br /&gt;
==643.2.11 Pre-Audits==&lt;br /&gt;
The district utility staff performs a pre-audit review and approval prior to preparation of the agreement. A pre-audit checklist should be completed and saved in MoProjects.&lt;br /&gt;
&lt;br /&gt;
==643.2.12 Utility Agreements==&lt;br /&gt;
Whenever the Commission is responsible for the cost of the necessary adjustments to allow highway construction, an agreement is required. If a Master Reimbursable Utility Agreement (see EPG 643.2.12.2) has not been executed with the utility owner, a Project Specific Agreement (see EPG 643.2.12.3) is executed between the utility owner and the Commission. In some cases, it may be more practical for the Commission to include adjustment of utilities into a Commission administered contract. A Utility Agreement - Actual Cost (For Utility Work That is to be Included in the Missouri Highways and Transportation Commission&#039;s Road Project) (see EPG 643.2.12.4). Agreements include a plan of adjustment (Exhibit “A”), cost estimate (Exhibit “B”), and schedule (Exhibit “C”).&lt;br /&gt;
&lt;br /&gt;
The Utility Agreement boilerplate forms have been approved by the Chief Counsel’s Office (CCO). They are identified in the upper left-hand corner of each agreement by an identifier such as CCO Form: UT01 for the Master Reimbursable Utility Agreement. CCO updates these agreements as necessary. They serve as a guide in the preparation of the agreement to be executed with the utility owner for the adjustments required to their utility facilities to accommodate the proposed roadway improvement project. District utilities staff should use the latest version of the agreement found in eAgreements in drafting an agreement with utility owners. A list of utility agreements and detailed information concerning the sequence for preparing and executing an agreement is available in EPG 153 Agreements and Contracts.&lt;br /&gt;
&lt;br /&gt;
These forms are to be used word for word. Revisions or additions are only made to address specific project details. The intent of each paragraph must be retained, although specific words may be revised to fit the particular situation. No paragraphs are deleted without prior approval from CCO. For guidance on acceptance of liability, refer to the Acceptance of Liability Policy at the CCO SharePoint page. Drafts of agreements having major revisions or complications are to be submitted, with supporting data, to Design Division for comment and approval.&lt;br /&gt;
&lt;br /&gt;
A reference to 23 CFR 645 is included in all agreements. Utility owners must be acquainted with these requirements and procedures. The incorporation of 23 CFR 645 by reference in all agreements eliminates the need for a second set of regulations to be included in the document.&lt;br /&gt;
&lt;br /&gt;
The agreement for the adjustment of a utility is prepared by the district utilities staff and submitted to the utility owner for execution. The agreement is based on the plan, estimate of cost which was prepared in accordance with 23 CFR 645, and schedule. Authorized individuals representing the utility owner will execute the agreement. The agreement must be signed, sealed, and if necessary, notarized by the utility owner. If the utility owner does not have or use a corporate seal, write &amp;quot;NO SEAL&amp;quot; under the signatures of the owner’s officers. Agreements with political subdivisions are to be supported by an appropriate ordinance, a copy of which is to be submitted with the executed agreements. All copies will be forwarded to the CCO for further handling. A fully executed copy of the agreement will be retained in eAgreements. If the agreement was executed using electronic signatures, the district utilities staff should forward an electronic copy of the fully executed agreement to the utility owner. If the agreement was executed using wet signatures, one (1) paper copy of the fully executed agreement will be returned by the Commission Secretary’s Office to the district utilities staff. The district utilities staff will forward this copy to the utility owner.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.1 Buy America Build America Requirements===&lt;br /&gt;
All agreements contain information on Buy America Build America (BABA) compliance. The utility owner should select the method of certification (See EPG 643.2.19) at the time of agreement completion. The appropriate paragraph will be inserted into the agreement. All BABA compliance documents must be retained by the utility owner and made available upon request at no cost to the Commission and/or FHWA.&lt;br /&gt;
&lt;br /&gt;
====643.2.12.1.1 Utility Owner Self-Certification====&lt;br /&gt;
The City/Company certifies that when determining products/materials subject to Buy America Build America requirements to use in the performance of this Agreement, it shall use only such products/materials for which it has received a certification from its supplier, or provider of construction services that procures the product/material, certifying compliance with Buy America Build America requirements. This does not include products/materials for which waivers have been granted pursuant to 23 CFR 635.410. The City/Company will not be required to provide the Commission copies of the supplier certification as part of this Agreement or with the final invoice of said Commission’s Federal-Aid Highway Construction Project.&lt;br /&gt;
&lt;br /&gt;
====643.2.12.1.2 Vendor/Manufacturer Certification====&lt;br /&gt;
The City/Company certifies that when determining products/materials subject to Buy America Build America requirements to use in the performance of this Agreement, it shall use only such products/materials for which it has received a certification from its supplier, or provider of construction services that procures the product/material, certifying compliance with Buy America Build America requirements. This does not include products/materials for which waivers have been granted pursuant to 23 CFR 635.410. The City/Company shall provide to the Commission all Buy America compliance documents as outlined in the Commission’s Engineering Policy Guide 643. All required compliance documents shall accompany the final invoice submitted to the Commission.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.2 Master Reimbursable Utility Agreements===&lt;br /&gt;
The UT01: Master Reimbursable Utility Agreement (MRUA) is a statewide agreement that has been executed by the utility owner and the Commission for all future reimbursable utility adjustments between both parties. Once a MRUA is executed, no other utility agreements are required on design-bid-build projects. The district utilities staff should encourage utility owners to enter into a MRUA with the Commission to reduce potential future delays in executing a project specific agreement. A list of previously executed Master Reimbursable Utility Agreements is available. District utilities staff should add newly executed agreements to this list. The MRUA can be employed as either an actual cost (EPG 6432.12.3.1) or lump sum (EPG 643.2.12.2.2) agreement. When the reimbursable adjustment will utilize a MRUA, the district utilities staff will prepare a MRUA correspondence letter (“letter agreement”) referencing the executed MRUA. A copy of the MRUA correspondence letter should be saved in MoProjects for reference by Financial Services, the district construction office, and the district staff responsible for inspection of utility adjustments. All project specific items such as type of agreement (actual cost or lump sum), plan of adjustment, estimated total cost, cost allocation, and schedule are addressed in the MRUA correspondence letter from the district utilities staff to the utility owner. A flowchart of the MRUA process is available.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.3 Project Specific Agreements===&lt;br /&gt;
If a utility owner does not have a MRUA with the Commission, a project specific agreement will be required for every project for which the Commission is responsible for the necessary adjustments to allow highway construction. The project specific agreement will be either an actual cost (EPG 643.2.12.3.1) or lump sum (EPG 643.2.12.3.2) agreement.&lt;br /&gt;
&lt;br /&gt;
====643.2.12.3.1 Actual Cost Agreements====&lt;br /&gt;
The UT03: Utility Agreement – Actual Cost is used when detailed estimates are not practical or costs appear to be questionable. Details on actual cost estimates can be found at EPG 643.2.9.2.1 Actual Cost Estimates. Once the final invoice on a UT03 is submitted to Financial Services, district utilities staff should change the status on the agreement in eAgreements to completed.&lt;br /&gt;
&lt;br /&gt;
====643.2.12.3.2 Lump Sum Agreements====&lt;br /&gt;
The UT02: Utility Agreement – Lump Sum eliminates the need for keeping detailed records of cost and the auditing of cost records. Estimates of cost must be prepared in detail for use of this agreement. When detailed estimates are not practical or costs appear unreasonable, actual cost agreements are to be used. Use of special forms of agreements, such as &amp;quot;subordination agreements&amp;quot;, which are desired by certain utility owners, is acceptable. These, too, must be revised to cover the particular situation. Details on lump sum estimates can be found at EPG 643.2.9.2.2 Lump Sum Estimates. Once the final invoice on a UT02 is submitted to Financial Services, district utilities staff should change the status on the agreement in eAgreements to “completed”.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.4 Agreement for Utility Work Included in Roadway Improvement Project===&lt;br /&gt;
The UT04: Utility Agreement - Actual Cost (For Utility Work That is to be Included in the Missouri Highways and Transportation Commission&#039;s Road Project) allows for the adjustment to be based on actual cost with the roadway contractor performing the utility work. Caution should be exercised in the type of utilities to be relocated in roadway contracts. Utilities recommended are waterlines and sewer lines. Other utilities, such as gas lines, communication lines, and power lines are to be studied thoroughly before being included in the project.&lt;br /&gt;
&lt;br /&gt;
The Transportation Project Manager and district utilities staff must plan ahead to get this work in the roadway contract. The utility owner must agree to include the utility adjustment in the roadway contract. The adjustment may be on highway right of way or on private easement in the name of the utility owner. The utility owner can agree to allow MoDOT’s contractor to work in its easement. However, district utilities staff in consultation with district right of way staff should review the easement documentation to verify the utility owner’s rights to the easement and any limitations on its use. MoDOT’s contractor can work and operate on both Commission right of way and on the utility easement, even when not directly connected to the Commission right of way, as part of the job site. Temporary construction easements may be necessary in addition to the utility easement to ensure adequate working room for the contractor.&lt;br /&gt;
&lt;br /&gt;
:The utility owner may request exemption to any liability for negligence of our contractor working on their easement. The Commission can assume that liability (refer to Acceptance of Liability Policy), but it should be included in the utility agreement if so desired by the utility owner. A Job Special Provision is necessary to require the MoDOT contractor to hold the utility harmless from all claims due to contractor negligence.&lt;br /&gt;
&lt;br /&gt;
Subsurface information, i.e. boring data, etc., should be obtained by the utility owner since it may be needed for the design of the utility adjustment. This information should be included in the plans. If the utility owner must bear all or part of the cost of the adjustment, the utility owner must agree to pay a pre-deposit to the Commission prior to opening bids on the project. This should be in the utility agreement. The pre-deposit will be credited to the &amp;quot;Missouri Highway and Transportation Commission - Local Fund.&amp;quot; Any interest earned in the fund will apply to the cost of the adjustments. The utility agreement will include language that the utility will inspect the installation and assume maintenance of the utility facility after construction. MoDOT will also provide engineering supervision to be sure the road contractor is in compliance with the contract. Utility plans and specifications are to be approved by the owner prior to submittal to the Central Office. The following items will provide minimum information to allow MoDOT’s contractor to bid the work.&lt;br /&gt;
# Individual bid items (not &amp;quot;lump sum&amp;quot;) should be established to promote better bidding and to handle overruns and underruns. Bid items not included on the Computer Stored Bid Item list should be &amp;quot;99&amp;quot; numbers.&lt;br /&gt;
# he bid package must be in our letting format. If the package was prepared by a consultant as if the utility owner were going to let it, all bid bond or bidding procedures must be screened to remove requirements contrary to MoDOT letting requirements. District utilities staff should work with the Transportation Project Manager, Design Liaison Engineer, and Central Office Bidding and Contract Services to ensure this requirement is met.&lt;br /&gt;
# The specifications required by the utility owner should be reviewed for items that could cause a bid problem for our contractor. Items such as non-readily available materials or sizes should be avoided.&lt;br /&gt;
# Utility plan sheets should be .pdf files equivalent to 22 in. x 34 in. It is helpful to have a quantity sheet specifically for utility items.&lt;br /&gt;
# Any special procedures required for the utility installation should be included in the Job Special Provisions.&lt;br /&gt;
# The utility package should be submitted on-time to Central Office with other project plans.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.5 Agreement for a Utility Only Project===&lt;br /&gt;
Any of the above agreements can be modified for a utility only project separate from the roadway project. The utility only project may be done by forces hired by the utility owner or by the Commission. A separate utility only project has distinct advantages when the following occurs:&lt;br /&gt;
* The utility work is extensive&lt;br /&gt;
* It must be performed in accordance with the utility owner’s seasonal requirements&lt;br /&gt;
* It extends beyond the limits of the construction project&lt;br /&gt;
* It must be performed considerably in advance of the roadway contract&lt;br /&gt;
&lt;br /&gt;
Necessary environmental and design work is still required for the limits of the separate utility only project. It may be necessary in these cases to have a second agreement with the utility owner to cover any other work that must be performed concurrently with the roadway contract. These latter agreements will use the roadway construction job number. Early need for utility projects is to be determined at the time when the STIP is updated each year. The utility construction funds will be shown in the year right of way funds are assigned. This will be done whenever possible to secure early adjustment of utility facilities. A request by the district is sent to the Planning Division. Estimated dollar amounts for utility adjustments are needed. These are estimates and do not need to be extremely accurate. When a special utility project is established, it is preferred, if at all possible, to include all the utility adjustments necessary for the entire roadway project. If funds are available, additional agreements can be added to this utility project until the final invoice for the first completed agreement is received for payment.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.6 Supplemental Agreements===&lt;br /&gt;
For utility owners with a UT01 agreement, a supplemental letter agreement documenting the change in the scope or cost of the work is acceptable.&lt;br /&gt;
&lt;br /&gt;
The UT05: First Supplemental Agreement is used to document changes to UT02 and UT03 agreements. If changes to the scope of work occur that are anticipated to exceed $100,000 or 15% of the original agreement, a UT05 is required. If the final invoice on an actual cost adjustment without changes in the scope of work exceeds the limits shown in the table below, a UT05 is required.&lt;br /&gt;
&lt;br /&gt;
{| class=&amp;quot;wikitable&amp;quot; style=&amp;quot;margin-left: 25px; text-align:center&amp;quot;&lt;br /&gt;
! Amount in Original Actual Agreement !! Final Bill Total Exceeds Original Amount by:&lt;br /&gt;
|-&lt;br /&gt;
| 0-$25,000 || 50%&lt;br /&gt;
|-&lt;br /&gt;
| $25,000-$100,000 || 40%&lt;br /&gt;
|-	&lt;br /&gt;
| Exceeds $100,000 || 30%&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
Should multiple UT05s be required with the same utility owner, the UT05 should be modified for additional supplemental agreements. Once the final invoice on an UT05 is submitted to Financial Services, district utilities staff should change the status on the agreement in eAgreements to “completed”.&lt;br /&gt;
&lt;br /&gt;
==643.2.13 Utility Adjustments in Roadway Plans and Job Special Provisions (JSPs)==&lt;br /&gt;
It is the responsibility of the MoDOT Transportation Project Manager (TPM) to ensure utility plans of adjustment are shown on the project plans at the Plan, Specification, and Estimate (PS&amp;amp;E) stage based upon information coordinated by the district utilities staff with the appropriate utility owner.&lt;br /&gt;
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===643.2.13.1 Plans===&lt;br /&gt;
A legend showing all applicable utility symbols and the names of the utility owners is shown on the first special utility sheet. In the absence of special utility sheets, this information may be shown on the title sheet or the first plan and profile sheet. The following note is required to be placed on the title sheet or the first plan and profile sheet and the first special utility sheet (if used) to inform contractors of the suitability of the utility information contained on the plans.&lt;br /&gt;
&lt;br /&gt;
&amp;quot;The existence and approximate location of utility facilities known to exist, as shown on the plans, are based on the best information available to the Commission at this time. This information is provided by the Commission &amp;quot;as-is&amp;quot; and the Commission expressly disclaims any representation or warranty as to the completeness, accuracy, or suitability of the information for any use. Reliance upon this information is done at the risk and peril of the user, and the Commission shall not be liable for any damages that may arise from any error in the information&amp;quot;.&lt;br /&gt;
&lt;br /&gt;
===643.2.13.2 Job Special Provisions===&lt;br /&gt;
Since the addition of utility information on the plans, supplied by a third party, could subject the Missouri Highway and Transportation Commission to additional liability, a Utility JSP reflecting the status of utility adjustments will be required. The JSP will include the name, address, e-mail address, and telephone number of all utility owner representatives for all utility facilities located on the project. The anticipated adjustment completion date for each utility adjustment is also to be shown based on the agreed upon dates, durations, or completion dates with the utility owner’s representative. This information will inform the bidder of the status of utilities for proper work coordination that could affect the bids for the proposed highway construction project. Status notations will include general notations such as: “N/A”, “Work is in progress”, “Work has not started”, “Work is complete”, and “Work is included in contract.”&lt;br /&gt;
&lt;br /&gt;
===643.2.13.3 PS&amp;amp;E Submittal===&lt;br /&gt;
In the District Final Plans Submittal Checklist (D-12), the TPM should note any issues related to existing utility facilities or the adjustment of utility facilities either shown or not shown on the plans. Projects with “No Utility Impacts” such as some overlays, striping, bridge washing, etc. do not need a Utility Status Letter or Utility JSP. The D-12 is used for these projects. In the D-12, under Project Details – “Utilities”, the note “NO” is selected and under “Status”, select “Clear”. For all other projects, the district utilities staff will write a Utility Status Letter. The TPM will include the Utility Status Letter with the submittal of the final plans to the Design Division. The Utility Status will be defined as:&lt;br /&gt;
# Utility facilities are present, but no conflict is anticipated with the highway construction project. Or,&lt;br /&gt;
# All utility facilities requiring adjustment to allow highway construction have been physically adjusted on the project. Or,&lt;br /&gt;
# Utility construction work is planned or active and will be completed to such a point that no impact will be expected to the highway construction project. The status of this work is defined in the utility JSP. Or,&lt;br /&gt;
# Utility facilities are not expected to be adjusted by the notice to proceed date for the road project, but the utility work will have no impact on the progress of the highway construction project. The status of this work is defined in the utility JSP. Or,&lt;br /&gt;
# Utility facilities must be adjusted after the road contractor completes stage construction or in coordination with the contractors’ work. Details of the coordination effort required of the contractor are defined in the utility JSP to properly advise bidders. Or,&lt;br /&gt;
&lt;br /&gt;
# Utility adjustment plans and specifications are included in the bid documents for the highway construction project. A UT04 agreement must be executed.&lt;br /&gt;
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==643.2.14 Payment to Utility Companies for Reimbursable Work==&lt;br /&gt;
Authorization and federal funding obligation must be approved prior to incurring costs. This applies to all types of work on utility facilities including preliminary engineering. An obligation is a commitment by the federal government to reimburse MoDOT for the federal share of a project’s eligible cost.&lt;br /&gt;
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===643.2.14.1 Obligation Process===&lt;br /&gt;
Federal funding can be used with both lump sum and actual cost agreements. After the utility agreement is fully executed, the district utilities staff will email a copy of the utility agreement or the letter agreement referencing the MRUA to the email group OBLIGATE. This email should request the authorization authority for use of federal funds and to be informed of a Notice to Proceed (NTP) (see EPG 643.2.15) date by Financial Services once federal funding has been obligated. District utilities staff should allow three (3) weeks to receive the NTP. Financial Services will use Advance Construction (AC) funding to fund reimbursement to utility owners. With AC funding, state funds initially are used to pay for reimbursement to utility owners. Once construction is complete, with appropriate documentation of the work via the C-9 and C-13, Financial Services will convert to federal funding.&lt;br /&gt;
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===643.2.14.2 Preliminary Engineering===&lt;br /&gt;
On occasion, preliminary engineering (PE) may need to be undertaken by the utility owner prior to the execution of a utility agreement. If a utility owner has a MRUA, an estimate of the cost of the PE work by the utility owner may be used to obligate funding for preliminary engineering under the MRUA as a PE only letter agreement. If a lump sum or actual cost agreement will be required with the utility owner for the project, district utilities staff should do two (2) agreements with one agreement covering PE only, and once a design for the adjustment is obtained, a second agreement for the construction of the adjustment should be executed. If a separate PE only agreement is obtained, NTP will need to be issued twice to the utility owner: once for PE and once for construction.&lt;br /&gt;
&lt;br /&gt;
===643.2.14.3 Right of Way===&lt;br /&gt;
Once Notice to Proceed has been given, the utility owner may begin the right of way acquisition process. If the utility owner needs to acquire right of way prior to a full agreement for relocation has been negotiated, the agreement specifically for the acquisition of right of way should be executed. This agreement will be sent to Financial Services to begin the obligation process.&lt;br /&gt;
&lt;br /&gt;
===643.2.14.4 Construction===&lt;br /&gt;
Payment to utility owners for construction of the adjustment may occur in a number of phases.&lt;br /&gt;
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====643.2.14.4.1 Prepayment====&lt;br /&gt;
Per the utility agreement, the Commission allows utility owners to be prepaid prior to commencing work. The district utilities staff may negotiate the prepayment if the utility owner is receptive. The utility owner will submit a request for prepayment with an invoice prior to any prepayment. Route, county, and job number must be included in the request. The district utilities staff will submit a request to Financial Services with a copy saved in MoProjects for future reference by the district staff responsible for inspection of the utility adjustment.&lt;br /&gt;
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====643.2.14.4.2 Progress Payments====&lt;br /&gt;
If a utility owner has not been prepaid the entire estimated amount in the utility agreement, then the utility owner may request progress payments after completing a portion of the proposed work, including PE.&lt;br /&gt;
&lt;br /&gt;
Progress payments for PE by consultants should not exceed the &amp;quot;maximum not to exceed amount&amp;quot; shown in the cost estimate unless additional costs are approved first by district utilities staff.&lt;br /&gt;
&lt;br /&gt;
For progress payments, the utility owner is required to submit only a summary of work and materials for which payment is claimed, not a detailed billing. District utilities staff should check only to be sure that sufficient work has been done to justify making the requested payment. Payment should be made for allowable costs incurred up to the date of the progress payment request.&lt;br /&gt;
&lt;br /&gt;
Progress payment invoices do not relieve the utility owner of the responsibility of submitting one complete and final invoice upon completion of the adjustment. The utility owner’s address must be shown on the invoice. The district utilities staff should submit progress payment invoices and applicable C-9s to Financial Services within one (1) week of receipt of invoice.&lt;br /&gt;
&lt;br /&gt;
One copy of the progress payment and one copy of the district utilities staff letter of recommendation must be sent to Financial Services for payment and be stored in MoProjects. The cover memo should include the project number, route, county, actual cost or lump sum utility agreement, Commission obligation percentage, total cost estimate of Commission obligation, and indicate the progress payment number, i.e., progress payment number 1, 2, 3, etc. If more than one progress payment is requested by the utility company, the district should submit progress payment bills to Financial Services in the following format:&lt;br /&gt;
{| class=&amp;quot;wikitable&amp;quot; style=&amp;quot;margin-left: 25px; text-align:center&amp;quot;&lt;br /&gt;
! Payment !! Amount&lt;br /&gt;
|-&lt;br /&gt;
| Progress Payment #1 || $50,000&lt;br /&gt;
|-&lt;br /&gt;
| Progress Payment #2 || 10,000&lt;br /&gt;
|-	&lt;br /&gt;
| Total Payment to Date || $60,000&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
This format will help clarify payment history with the utility owner. Progress payments for actual cost utility agreements may not exceed the Commission&#039;s total estimated cost shown in the agreement. However, if the request for a progress payment exceeds the original estimate, a change order with explanation should accompany the request. (See EPG 641.2.16.5 Change Orders.)&lt;br /&gt;
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====643.2.14.4.3 Final Payment====&lt;br /&gt;
Utility owners are required to submit a detailed final invoice to MoDOT for all actual cost reimbursable utility work and for any lump sum reimbursable utility work that was not prepaid. For prepaid lump agreements, the utility owner must submit a zero-dollar ($0) invoice to demonstrate the work has been completed. After the utility work has been fully completed, the district utilities staff responsible for inspection should send the utility owner a “60 Day” Final Acceptance Letter requesting a complete final invoice within 60 days, as detailed in the utility agreement. If the final invoice is not received from the utility owner within 30 days, then a follow up letter should be sent (i.e., “30 Day” Reminder Final Invoice Letter) reminding the utility owner of its obligation to submit a final invoice within 60 days of the completed work. If a final invoice from the utility owner is not received within this timeframe, then the district utilities staff should contact the Design Liaison Engineer for guidance on how to close out the work.&lt;br /&gt;
&lt;br /&gt;
The district utilities staff is expected to check the final bill within two (2) weeks after receipt in as much detail as possible against the C-9. It is their responsibility to verify from field records the quantities of labor, equipment, material used, material retired, and to justify all changes made. If the utility owner’s contractor made the adjustment at unit cost prices, then it is the district utility staff’s responsibility to verify the number of units completed and not the hours of labor and equipment. It is also important for the utility owner to show the words “final bill” or “final invoice” on the last bill, in order for MoDOT to understand that no additional charges will be made on the adjustment. The final bill must show a general description of the utility adjustment, the highway project number, the date on which work was completed or last item of billed expense was incurred, and the location where records can be audited. The order of items in the final statement should follow as closely as possible the order of items in the original estimate. A summary, on the utility owner’s letterhead, of the total cost of preliminary engineering, construction engineering, right of way, labor, overhead, construction travel expense, transportation, equipment, materials, supply, handling, and salvage credits should be shown in a way that will permit direct comparison with the approved estimate from the original or supplemental agreements (see EPG 643.2.12.6).&lt;br /&gt;
&lt;br /&gt;
If the Actual Cost final invoice shows a much higher cost than the original estimate without scope change, the utility owner is required to give reasons in a letter to the district utilities staff explaining why the invoice cost increased. When the Actual Cost final invoice exceeds the amount shown in the table in EPG 643.2.12.6, a supplemental agreement is required.&lt;br /&gt;
&lt;br /&gt;
When the district utilities staff has determined that the final invoice is accurate, the C-13 should be completed. Once the C-13 is completed, the C-13 and the final invoice from the utility owner are forward to Financial Services. For Actual Cost agreements, the C-9s should also be included in this transmittal. If no additional payments are required, the district utilities staff should note this in the transmittal as well. If the final invoice indicates previous payments to a utility owner exceeded the final invoice, the utility owner will need to send MoDOT a check for the overpayment amount. The check should be made payable to Director of Revenue – Credit State Road Fund. If the utility owner did not send MoDOT an overpayment check with the final invoice, district utilities staff should send a letter to the utility owner requesting the refund amount. Submittal of the final invoice to Financial Services should not occur until repayment has been received. The submittal to Financial Services should note the receipt of the repayment check.&lt;br /&gt;
&lt;br /&gt;
==643.2.15 Notice to Proceed==&lt;br /&gt;
For PE only, once an agreement has been executed, and Financial Services has advised that authorization from FHWA has been received, district utilities staff will issue a notice to proceed (NTP) letter to the utility owner for the PE. For agreements that include PE and construction or once a final agreement for construction has been executed, right of way clearance has been issued, and Financial Services has advised that authorization from FHWA has been received, the district utilities staff will issue NTP to the utility owner for construction. See Example of Notice to Proceed Letter. If salvage credit is part of the agreement with the utility owner, the NTP letter should include a statement that the utility owner will need to inform district utilities staff of the time and place that inspection may be made of the removed material. The utility owner may be held accountable for full value of materials disposed without proper notice. Utility owners may purchase materials prior to NTP for construction; however, no other work on the adjustment necessary to allow highway construction may begin prior to NTP for construction. The utility owner, for reasons of planning their workload or due to seasonal situations, may request early authorization to perform the work. This request, with the district utilities staff recommendations, is sent to the Design Liaison Engineer for further handling, approval, and advancement of the necessary funds. A copy of the NTP should be saved in MoProjects. If a utility owner begins adjustments prior to NTP for construction, district utilities staff should notify the utility owner immediately in writing that reimbursement will not be made for work done prior to NTP for construction.&lt;br /&gt;
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==643.2.16 Construction of Utility Adjustments==&lt;br /&gt;
===643.2.16.1 Utility Owner Self-Perform===&lt;br /&gt;
As per 23 CFR 645.115 Construction, it may be cost-effective for certain utility adjustments to be performed by a utility owner with its own internal forces and equipment, provided the utility owner is qualified to perform the work in a satisfactory manner. This cost-effectiveness finding covers minor work on the utility owner’s existing utility facilities routinely performed by the utility owner with its own forces.&lt;br /&gt;
&lt;br /&gt;
===643.2.16.2 Construction Contract Requirements===&lt;br /&gt;
When the utility owner is not adequately staffed and equipped to perform such work with its own forces and equipment at a time convenient to coordination with the associated highway construction, such work may be done one of four ways for utility adjustments:&lt;br /&gt;
# MoDOT can provide the construction services, via awarded contract to the lowest qualified bidder based on appropriate solicitation. This can be done by including the adjustment work in the roadway improvement project (EPG 643.2.12.4 Utility Agreement for Utility Work Included in Roadway Improvement Project) or by having a utility only project (EPG 643.2.12.5 Utility Only Project).&lt;br /&gt;
# The utility owner can award a construction contract to the lowest qualified bidder based on appropriate solicitation.&lt;br /&gt;
# The utility owner can utilize an existing continuing contract, provided the costs are reasonable (see EPG 643.2.9.1 Independent Cost Estimate).&lt;br /&gt;
# The utility owner can contract for low-cost incidental work, such as tree trimming and the like, without competitive bidding, provided the costs are reasonable (see EPG 643.2.9.1 Independent Cost Estimate).&lt;br /&gt;
&lt;br /&gt;
When a utility owner chooses option 2 to award its own new construction contract, the utility owner must provide the following documents and information to the district utilities staff. These documents need to be provided as soon as the utility owner has chosen to pursue a construction contract. Document 1 must be supplied by all utility owners. Documents 2 and 3 are only required when the utility owner is a local government agency who is also a political subdivision of the state of Missouri (e.g., city-owned utilities, county-owned utilities). All other utility owners are encouraged, but not required, to provide Documents 2 and 3.&lt;br /&gt;
# A statement that the utility owner is not staffed or able to perform the required construction activities with its own forces.&lt;br /&gt;
# A copy of the request for proposal used to secure bids.&lt;br /&gt;
# A list of a minimum of 3 bidders whom they believe can do the work. &#039;&#039;&#039;Political subdivisions are required to advertise for the work&#039;&#039;&#039;.&lt;br /&gt;
# Upon review of these documents, the district utilities staff will advise the utility owner to proceed with the solicitation of bids, but the utility owner will not be permitted to award the contract without the concurrence of district utilities staff. For lump sum agreements, approval of contract work and subcontract work is not required.&lt;br /&gt;
&lt;br /&gt;
The following documents need to be provided as soon as the utility owner has determined the lowest qualified contractor and would like to award the project. Document 1 must be supplied by all utility owners. Document 2 is only required when the utility owner is a local government agency who is also a political subdivision of the state of Missouri (e.g., city-owned utilities, county-owned utilities). All other utility owners are encouraged, but not required, to provide Document 2.&lt;br /&gt;
# The name address of the lowest qualified contractor.&lt;br /&gt;
# The tabulation of bids received and other information to support their recommendation for award to the lowest qualified bidder.&lt;br /&gt;
&lt;br /&gt;
The district utilities staff will review and approve the utility owner&#039;s bid information prior to the award of the contract. The Design Liaison Engineer is available to assist the district with review of bid information if necessary. Once the district utilities staff provides concurrence, the utility owner may proceed with awarding the contract. When the utility owner is a local government agency who is also a political subdivision of the state of Missouri (e.g., city-owned utilities, county-owned utilities), a copy of the executed contract must be shared with the district utilities staff. All other utility owners are encouraged, but not required, to provide a copy of the executed contract.&lt;br /&gt;
&lt;br /&gt;
A checklist is available for reviewing contracts to ensure the contract conforms to MoDOT policy and complies with applicable federal regulations.&lt;br /&gt;
&lt;br /&gt;
When a utility owner chooses to utilize a an existing continuing contract, the utility owner will submit a copy of the contract to the district utilities staff. The district utilities staff will review the contract for reasonableness of cost. If district utilities staff and the utility owner’s representative cannot agree on the reasonableness of cost, then the utility owner will be required to award a new construction contract.&lt;br /&gt;
&lt;br /&gt;
===643.2.16.3 Inspection===&lt;br /&gt;
The degree of inspection needed for utility adjustments will vary considerably with the nature and location of the work and whether the Commission is responsible for any portion of the cost of reimbursement. Judgment must be used regarding the manner and regularity of inspection duties. Some phases of the work require a very close check to ensure that the highway will not be adversely affected and to ensure satisfactory performance of work in accordance with the agreement and plans. The degree of inspection may vary from spot checking of overhead installations to continuous close observation of backfilling trenches beneath proposed pavement, embankment area, or adjacent to bridge abutments. Proper inspection can ensure that the utility adjustment is completed as efficiently as possible to minimize future impacts to the utility facility and the highway construction project. A [https://epg.modot.org/forms/general_files/DE/UtilityFieldInspectionChecklist.docx Field Inspection Checklist] to assist district utilities staff responsible for inspection is available.&lt;br /&gt;
&lt;br /&gt;
If it is found that any actual cost reimbursable utility adjustment is being performed by unapproved contractors, district utilities staff should direct the work to stop. The utility owner’s representative should be informed immediately and should be advised in writing that the costs incurred by an unapproved contractor are not eligible for reimbursement under provisions of the agreement. The district utilities staff can take appropriate steps to approve a subcontract and advise when the utility owner can recommence work.&lt;br /&gt;
&lt;br /&gt;
===643.2.16.4 Documentation===&lt;br /&gt;
All documents related to the construction of the utility adjustment necessary to allow highway construction should be stored in MoProjects.&lt;br /&gt;
&lt;br /&gt;
Construction records must be kept to confirm that work is done in accordance with the terms of the agreement and in the manner proposed in the plans. The importance of a complete and accurate record cannot be overemphasized. Detailed records are necessary to support the recommendation for payment of the final invoice. A complete, separate daily record must be kept on each actual cost adjustment and submitted for review when the final invoice is recommended for payment. This district utilities staff responsible for inspection should complete the Daily Utility Report (C-9).&lt;br /&gt;
&lt;br /&gt;
====643.2.16.4.1 Utility Reports====&lt;br /&gt;
The Daily Utility Report ([https://epg.modot.org/forms/general_files/DE/C-9.docx Form C-9]) and the Final Utility Report ([https://epg.modot.org/forms/general_files/DE/C-13.docx Form C-13]) are used for documenting utility adjustments necessary to allow highway construction. The use of C-9s and C-13s will vary with method of reimbursement. For utility adjustments necessary to allow highway construction that overlap with the highway contractor’s work, progress records should be kept as necessary to coordinate the highway and utility construction activities. Sufficient records must be maintained to check and verify the items of labor, equipment, materials, and salvaged items as submitted on the final invoice.&lt;br /&gt;
&lt;br /&gt;
=====643.2.16.4.1.1 Daily Utility Report (C-9)=====&lt;br /&gt;
C-9s are only required for actual cost agreements. The district utilities staff responsible for inspection must in all cases keep records to document inclement weather, down time, and verbal authorization for minor changes. The district utilities staff responsible for inspection must complete a C-9 documenting the number and classification of employees and number of hours worked. Records of material used and of retired materials returned to stock or scrapped must be kept. The utility owner’s major items of equipment must also be recorded. When work is done by the contract method based on unit prices, the district utilities staff responsible for inspection should ascertain that units of work as provided in the bid proposal are measured and recorded to form a basis for checking the final invoice. C-9s should list the location and the number of units of work accomplished for that period. If contract labor or equipment is used by a utility owner on the basis of a bid per hour, per day, etc., it will be necessary to keep records on this labor or equipment time in the same manner as if the utility owner were performing the work with its own internal forces. District utilities staff responsible for inspection should also note all contractors working for the utility owner and the contractor approval authorization dates given in the agreement.&lt;br /&gt;
&lt;br /&gt;
=====643.2.16.4.1.2 Final Utility Report (C-13)=====&lt;br /&gt;
C-13s summarize that the utility adjustment work that was done in accordance with the agreement and plans, the percentage of total cost that is the responsibility of the Commission, and any progress payments that have been made. A C-13 is required for both actual cost and lump sum agreements. The requested numbers shown on line 9 (Commission Estimated Cost) and line 10 (Amount of Final Bill) in the report are the Commission’s total responsibility.&lt;br /&gt;
&lt;br /&gt;
====643.2.16.4.2 Breakdown and Emergency====&lt;br /&gt;
When breakdown and emergency situations occur, prior approval by MoDOT is not required for contract or equipment rental work unless the cost or period of time will be extensive. The utility owner should furnish a letter as soon as possible to explain the situation and set out the estimated costs involved. The district utilities staff’s records should substantiate the need and the changes for personnel and equipment.&lt;br /&gt;
&lt;br /&gt;
====643.2.16.4.3 Stop Work====&lt;br /&gt;
If at any point, a stop work order is given by MoDOT to a utility owner, written documentation of the stop work order should be saved in MoProjects.&lt;br /&gt;
&lt;br /&gt;
===643.2.16.5 Change Orders===&lt;br /&gt;
Any change in the plan of adjustment should be documented in writing to the utility owner as a change order. If the change order is anticipated to exceed $100,000 or 15% of the original agreement amount, district utilities staff should negotiate a supplemental agreement with the utility owner’s representative. Once a supplemental agreement is in place, district utilities staff should contact Financial Services to obtain an adjustment of the obligation mid-project. Change orders without supplemental agreements will be settled once the project is complete.&lt;br /&gt;
&lt;br /&gt;
====643.2.16.5.1 Actual Cost Agreement====&lt;br /&gt;
Slight modifications in quantities or the addition of minor items not included with the original agreement do not require a supplemental agreement. However, such changes should be documented in writing with the utility owner. A supplemental agreement is needed if costs exceed the above threshold or if there is a change in the percentage of cost that is the Commission’s responsibility on an agreement with shared responsibility for costs. Intermediate partial payments cannot be made on items in a supplemental agreement until the supplemental agreement is approved.&lt;br /&gt;
&lt;br /&gt;
====643.2.16.5.2 Lump Sum Agreement====&lt;br /&gt;
A supplemental agreement to a Lump Sum Agreement is only required for significant changes in the scope of work of the utility adjustment necessary to allow highway construction. Normal overruns are not considered as changes in approved work and will not be reimbursed. Significant changes in the scope of work on utility adjustments necessary to allow highway construction cannot be done until the supplemental agreement is approved, and the adjustment in obligation of funds is complete.&lt;br /&gt;
&lt;br /&gt;
==643.2.17 Utilities during Highway Construction==&lt;br /&gt;
The contractor is responsible for having utilities located by contacting Missouri One-Call (811) prior to any excavation on the project. A reminder of this responsibility should be made at the preconstruction meeting.&lt;br /&gt;
&lt;br /&gt;
===643.2.17.1 Preconstruction Meeting (Pre-Con)===&lt;br /&gt;
District utilities staff should be invited to all pre-cons.&lt;br /&gt;
&lt;br /&gt;
Pre-cons fall into three categories relating to utilities:&lt;br /&gt;
# No utility adjustments are anticipated within the project limits,&lt;br /&gt;
# All utility adjustments completed prior to the pre-con, and&lt;br /&gt;
# All utility adjustments not completed prior to the pre-con.&lt;br /&gt;
&lt;br /&gt;
====643.2.17.1.1 No Utility Adjustments Anticipated within the Project Limits====&lt;br /&gt;
For projects without a Utility Job Special Provision (JSP), no involvement of the utility owners is required at the pre-con. For projects with a Utility JSP, the Resident Engineer (RE) should invite all utility owner representatives listed in the JSP with known required adjustment to the pre-con. The RE should review potential impacts of the highway construction project with the contractor and the utility owner.&lt;br /&gt;
&lt;br /&gt;
====643.2.17.1.2 All Utility Adjustments Completed Prior to the Pre-Con====&lt;br /&gt;
The RE should invite all utility owner representatives listed in the JSP with known required adjustment to the pre-con. The RE should review potential impacts of the highway construction project with the contractor and the utility owner. A general discussion should highlight the previous adjustments made by the utility owner and what abandoned utility facilities the contractor may encounter.&lt;br /&gt;
&lt;br /&gt;
====643.2.17.1.3 All Utility Adjustments Not Completed Prior to the Pre-Con====&lt;br /&gt;
It is important for the RE and inspector to understand the utility owner’s work schedule and how it relates to the contractor’s work schedule. During the pre-con, the schedule of the utility owner and highway construction contractor should be discussed, and conflicts should be addressed to allow utility adjustments and highway construction to progress as near to the proposed schedule as possible. On large-scale projects that have many utility issues to address that could impact the work of the highway construction contractor, it may be necessary to have a separate pre-con with utility owner representatives.&lt;br /&gt;
&lt;br /&gt;
===643.2.17.2 Coordination Meetings===&lt;br /&gt;
When the utility work will not be completed soon after the preconstruction meeting, the RE should meet with district utilities staff, the highway construction contractor, and the utility owner representatives on a regular basis to discuss utility coordination issues, so expectations from all parties are known and conveyed clearly. The utility owner may need some work performed by MoDOT or the highway construction contractor prior to completing their adjustments. (Examples include: survey staking of right of way or proposed facilities, trees cleared, grading performed, or new structures built).&lt;br /&gt;
&lt;br /&gt;
==643.2.18 Service Drops==&lt;br /&gt;
Power and communication services provided by utility owners are necessary for the operation of the highway system. These services may include power to traffic signals, lighting, or ITS devices; power for cathodic protection; or telecommunication services to signal controllers or ITS devices. The project design teams should work with district utilities staff to identify proper locations for the applicable utility owners to provide these services. Various utility owners have different requirements for this process. The district utilities staff is encouraged to develop a workable relationship with the utility owners who provide these services to MoDOT. The costs of installing the services charged by the utility owner are considered a non-contractual item and should be accounted for in the project’s budget in the STIP. The proposed location and method for the service drops should be shown on the roadway plans. District utilities staff should meet with the utility owner’s representative to ensure the proposed location can be accommodated by the utility owner. For electrical service connections, the power supply assembly is ideally located a maximum of ten feet (10’) from the source location. Plans submitted for PS&amp;amp;E should reflect the agreed upon location for all service connections. During construction, district utilities staff and district construction staff should work together to ensure the placement of the services is consistent with the project plans. Payment for the service drops should be invoiced by the utility owner to the district. District utilities staff is responsible for submission of the invoice directly to Financial Services for payment noting the non-contractual charges for the project.&lt;br /&gt;
&lt;br /&gt;
==643.2.19 Buy America Build America for Utilities==&lt;br /&gt;
FHWA’s Buy America Build America (BABA) policies require a domestic manufacturing process for all steel or iron products, other construction materials, and manufactured products that are permanently incorporated into Federal-Aid Highway construction projects, including products and materials used for adjustments to utility facilities to allow highway construction. These guidelines are for all federally reimbursable transportation projects where FHWA is the lead federal agency; it does not take precedence over projects where Federal Transit Administration or the Federal Railroad Administration is deemed the be the lead federal agency.&lt;br /&gt;
&lt;br /&gt;
===643.2.19.1 Program Requirements for Utilities===&lt;br /&gt;
All MoDOT projects are federal-aid projects, and therefore, all reimbursable utility adjustments are required to follow the provisions of BABA. More information on MoDOT’s BABA policy and procedures can be found in [[106.9_Buy_America_Requirement|EPG 106.9 Buy America Requirement]]. Specifically, utility owners should be aware of the following procedures for determining applicability of the EPG 106.9 requirements to reimbursable utility adjustments necessary to allow highway construction:&lt;br /&gt;
* BABA does not apply when materials are relocated from one location to another within the project limits.&lt;br /&gt;
* BABA does not apply for materials necessary for temporary utility adjustments assuming materials are removed from the right of way upon completion of the utility adjustment to allow highway construction.&lt;br /&gt;
* Non-reimbursable work must be kept separate from reimbursable work (agreements, permits, etc.) in order to not be subject to BABA.&lt;br /&gt;
&lt;br /&gt;
===643.2.19.2 Certification Requirements for Utilities===&lt;br /&gt;
Utility owners have the option of choosing either to self-certify BABA compliance or provide vendor/manufacturer certification to MoDOT. The method of certification is chosen by the utility owner and is documented in either the MRUA or the project specific agreement. Regardless of agreement type or certification method, the utility owner must be compliant with BABA requirements.&lt;br /&gt;
&lt;br /&gt;
====643.2.19.2.1 BABA Utility Owner Self-Certification====&lt;br /&gt;
If a utility owner chooses to self-certify BABA compliance, the utility owner is not required to provide MoDOT copies of the supplier certification as part of the project documentation or with the final invoice for any reimbursable utility adjustment necessary to allow highway construction. Retention of all documents should be as described in the agreement.&lt;br /&gt;
&lt;br /&gt;
====643.2.19.2.2 BABA Vendor/Manufacturer Certification====&lt;br /&gt;
If a utility owner chooses to use vendor/manufacturer certification, the utility owner will supply MoDOT BABA compliance from all vendors and/or manufacturers. Certification from vendors will be signed by an authorized representative of the vendor on company letterhead or other acceptable documentation and will declare that all supplied materials subject to BABA requirements are fully compliant. Certification from iron or steel manufacturers must be in the form of a mill test report (MTF) issued and signed by the initial fabricator stating the materials subject to BABA were melted and manufactured in the United States. Other written statements on company letter or other acceptable documentation signed by an authorized representative of the manufacturer for any additional treatment to the fabricated material (such as blasting, galvanizing, painting, or coating) will state that all treatment processes occurred in the United States according to FWA guidelines. Retention of all documents should be as described in the agreement. Manufacturer certification for manufactured products or construction materials will state that all materials were sourced from the United States and were fabricated in the United States. Retention of all documents should be as described in the agreement.&lt;br /&gt;
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&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643.4 Railroads (NO CHANGE) &#039;&#039;PAGE TITLE&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;&lt;br /&gt;
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==236.5.12 Excess Land Conveyances &amp;amp; Relinquishments - Utilities==&lt;br /&gt;
All conveyances and relinquishments of Commission-owned property shall be evaluated for the existence of any utility facilities located within the areas to be conveyed or relinquished. A conveyance or relinquishment of Commission-owned property may have implications to the utility facilities, and the utility owners, when the Commission no longer controls the property. It is important to maintain the continuity of utility facilities for the general public; therefore, to identify and minimize potential impacts, MoDOT shall involve utility owners in the conveyance and relinquishment processes.&lt;br /&gt;
&lt;br /&gt;
===236.5.12.1 Excess Land Conveyances Utilities===&lt;br /&gt;
MoDOT shall only recommend that a property be declared excess upon satisfactorily addressing the utility impacts. Whether MoDOT or an external party initiates the conveyance of excess property, utility impacts shall be adequately addressed by using one of the following methods: &lt;br /&gt;
:1. Each utility facility will be relocated by permit into a new utility corridor retained by the Commission.&lt;br /&gt;
:2. Each utility facility will remain in place with the benefit of a non-exclusive permanent utility easement.&lt;br /&gt;
::&#039;&#039;If the Commission holds fee simple title to the property, the Commission shall convey a non-exclusive permanent utility easement to each utility owner&#039;&#039;.&lt;br /&gt;
::&#039;&#039;If the Commission holds a less than fee simple title interest in the property, MoDOT shall facilitate the conveyance of a non-exclusive permanent utility easement from the party acquiring the property to each utility owner&#039;&#039;.&lt;br /&gt;
:3. Each utility facility will be relocated to another portion of the property being conveyed.&lt;br /&gt;
::&#039;&#039;If the Commission holds fee simple title to the property, the Commission shall convey a non-exclusive permanent utility easement to each utility owner&#039;&#039;. &lt;br /&gt;
::&#039;&#039;If the Commission holds a less than fee simple title interest in the property, MoDOT shall facilitate the conveyance of a non-exclusive permanent utility easement from the party acquiring the property to each utility owner&#039;&#039;.&lt;br /&gt;
:4. Each utility facility will be relocated onto a portion of the property already owned by the party acquiring the Commission-owned property, with the benefit of a non-exclusive permanent easement. (MoDOT shall facilitate the conveyance of a non-exclusive permanent utility easement from the party acquiring the property to each utility owner.)&lt;br /&gt;
:5. A three-party negotiated settlement taking into consideration the overall value of the proposed transaction.&lt;br /&gt;
:6. Additional options to address utility impacts may be utilized with approval from the Asst. to the State Design Engineer - Right of Way.&lt;br /&gt;
&lt;br /&gt;
===236.5.12.2 Road Relinquishment Utilities===&lt;br /&gt;
MoDOT shall only recommend the relinquishment of roadways through the [[236.14 Change in Route Status Report|Change in Route Status Report]] upon satisfactorily addressing the impacts to utility facilities. If the roadway will be relinquished to a local public transportation authority, with the intent that it continues to be used as a public roadway, a clause similar to the following shall be included in the deed from the Commission to the local public transportation authority:&lt;br /&gt;
:&#039;&#039;&amp;quot;Grantee, by acceptance of this conveyance, covenants and agrees for itself, its successors and assigns, to allow known or unknown utility facilities currently located on the property, whether of record or not, to remain on the property, and to grant the current and subsequent owners of those facilities the right to maintain, construct and reconstruct the facilities and their appurtenances over, under, and across the land herein conveyed, along with the right of ingress and egress across the land herein conveyed to and from those utilities.&amp;quot;&#039;&#039; &lt;br /&gt;
&lt;br /&gt;
Proposed roadway relinquishments to private entities shall be reviewed in a manner consistent with the conveyance of excess property described in [[236.5 Property Management#236.5.3 Asset Management Committee|EPG 236.5.3 Asset Management Committee]].&lt;/div&gt;</summary>
		<author><name>Hoskir</name></author>
	</entry>
	<entry>
		<id>https://epg.modot.org/index.php?title=User:Hoskir/Revision_Request_4225&amp;diff=58861</id>
		<title>User:Hoskir/Revision Request 4225</title>
		<link rel="alternate" type="text/html" href="https://epg.modot.org/index.php?title=User:Hoskir/Revision_Request_4225&amp;diff=58861"/>
		<updated>2026-06-18T20:03:08Z</updated>

		<summary type="html">&lt;p&gt;Hoskir: /* 643.2.8.4 Notice of Hearing */&lt;/p&gt;
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&lt;div&gt;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643 Utility Procedures  &#039;&#039;CATEGORY&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt; &lt;br /&gt;
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| ● [https://www.ecfr.gov/current/title-23/chapter-I/subchapter-G/part-64523 CFR 645]&lt;br /&gt;
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| ● [https://www.sos.mo.gov/cmsimages/adrules/csr/current/7csr/7c10-3.pdf7 CSR 10-30]&lt;br /&gt;
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&#039;&#039;&#039;Utility Accommodation Policy:&#039;&#039;&#039; State DOTs are required to develop policies and procedures pertaining to the use, accommodation, and/or relocation of public and private utility facilities on highway rights-of way using Federal-aid highway funds. State DOTs are required to develop, maintain, and obtain FHWA approval of their Utility Accommodation Policy (UAP) (23 CFR section 645.215). This EPG article 643 and subarticles 643.1 through 643.3 are Missouri Department of Transportation (MoDOT)’s Utility Accommodation Policy. Text in EPG 643 consolidates various federal and state statutes and rules into a single, cohesive, workable policy to outline processes for MoDOT staff and utility owners.&lt;br /&gt;
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&#039;&#039;&#039;Delegation of Work:&#039;&#039;&#039; Each MoDOT district is responsible for ensuring implementation of the UAP outlined in the subsequent EPG articles. Each district can create its own organization for whom is responsible for the work including between divisions and job titles. Work responsibilities within this article and subarticles are generic where possible. If a specific title is included, that title has sole responsibility for that item of work.&lt;br /&gt;
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[[media:144 Major Highway System 2022.pdf|major routes]]&lt;br /&gt;
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&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643.1 Utility Location  &#039;&#039;PAGE TITLE&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt; &lt;br /&gt;
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The information in this article provides a uniform system for regulating the location, construction, maintenance, removal, and relocation of utility facilities on the right of way of roadways located on the state highway system. It also provides for the facilitation of construction and maintenance of these roadways. Any location or relocation of utility facilities contrary to this information is an interference with the construction, maintenance, or operation of a state highway and its right of way and is prohibited.&lt;br /&gt;
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==643.1.1 Permits==&lt;br /&gt;
All utility owners are required to obtain a permit to work on Missouri Highway and Transportation Commission (Commission) right of way. A permit is required for original installation of the utility facility, on-going maintenance of the utility facility, or adjustments to a utility facility necessary to allow highway construction. Per [[127.29_Stormwater#127.29.4.3_MCM_3:_Illicit_Discharge_Detection_and_Elimination_(IDDE)_Program|EPG 127.29.4.3]], discharges of anything other than stormwater are not permitted. A deposit or bond is required to ensure completion of the work in accordance with the permit issued. An [https://www.modot.org/permits application for a permit] may be made on established forms specifically stating the nature of the work to be performed. Applications for permits may be obtained at any of the [https://www.modot.mo.gov/ seven (7) district highway offices] of the Commission, [https://www.modot.mo.gov/ MoDOT&#039;s website], or by requesting it from the office of the Missouri Highways and Transportation Commission in Jefferson City, Missouri. The application for a permit will specifically state the nature of the work to be performed, what specific type of utility facility is to be installed, and, if necessary, the timeframe of any temporary use. Piping of any type of sewage or waste will only be allowed providing any permitting by a regulatory agency, such as Missouri Department of Natural Resources, can be provided. Prior to obtaining a permit through MoDOT’s permit system, a utility owner will be required to provide a bond to ensure satisfactory work and complete a TR50 Electronic Signature Agreement with the Commission. The name of the utility owner must match on the bond, TR50, and in the permit system. More information on permitting can be found in [[:Category:941_Permits_and_Access_Requests|EPG 941]].&lt;br /&gt;
&lt;br /&gt;
===643.1.1.1 Emergency Work===&lt;br /&gt;
When emergency operations work is necessary, the damaged utility facility may be accessed immediately and without a permit by leaving the pavement at such points as may be necessary to effect emergency repairs, provided immediate notice is given to the Missouri State Highway Patrol and the district utilities staff for the district wherein the work will be performed, and a permit for emergency operations is requested immediately upon discovery of the need for emergency operations. A permit for emergency operations work is to be obtained as soon as practical, but in no event later than two (2) working days after the emergency operations work has commenced. Emergency operations include, but are not limited to, unplanned work in response to utility facilities being so damaged as to constitute an emergency situation directly affecting or endangering traffic on the highway or public health or safety.&lt;br /&gt;
&lt;br /&gt;
===643.1.1.2 Third-Party Inspection===&lt;br /&gt;
When a utility owner has a large number of projects in a given area or projects involving great complexity, MoDOT reserves the right to limit the number of permits open at any given time. With approval of the district utilities staff, a utility owner may hire a third-party inspector, at their cost. The third-party inspector will allow the utility owner to increase the number of permits open at any given time. The responsibility of the third-party inspector will be to ensure the installation of the utility facility proceeds in a manner consistent with the plans approved in the permit, including all work zone requirements and conformity with MoDOT’s Standards and Specifications. The MoDOT approved third-party inspector will be listed in the permit. MoDOT may audit third-party inspections and revoke the right to use third-party inspections should the inspectors fail to perform their duties.&lt;br /&gt;
&lt;br /&gt;
===643.1.1.3 Abandoned Utility Facilities===&lt;br /&gt;
All utility facilities installed in Commission right of way are the property of the utility owner whether the utility facility is active or inactive. MoDOT may allow a utility facility to remain on Commission right of way whether the utility facility was abandoned for a MoDOT project or at the utility owner’s discretion. MoDOT may place requirements (such as removing inactive fiber optic cables, grouting pipes, removing valves) on the utility owner as part of the process of abandoning a utility facility. Liability for damage to Commission right of way due to an abandoned facility remains the responsibility of the utility owner. In the event MoDOT requires the removal of the abandoned utility facility, responsibility for the cost of the removal will be determined per [[643.2_Local_Utility_Adjustments_-_Public_and_Private#643.2.8_Preliminary_Engineering_(PE)_Requirements|EPG 643.2.8]].&lt;br /&gt;
&lt;br /&gt;
==643.1.2 Definitions==&lt;br /&gt;
&#039;&#039;&#039;Bridge Attachment:&#039;&#039;&#039; A bridge attachment is any utility facility, including communication lines and electrical lines, or any other utility facility of a similar nature that is fastened to a bridge for the purpose of spanning an obstacle.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Clear zone:&#039;&#039;&#039; The total roadside border area starting at the edge of the traveled way, available for safe use by errant vehicles. This area may consist of a shoulder, a recoverable slope, a non-recoverable slope, and/or the area at the toe of a non-recoverable slope available for safe use by an errant vehicle. Clear zone dimensions are provided in the current edition of American Association of State Highway Transportation Officials Roadside Design Guide.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Ditch Line:&#039;&#039;&#039; A line where the roadway ditch meets the back slope. It is located at the lowest point of a V-bottom ditch or furthest point from the roadway of a flat bottom ditch where the roadway slopes back to the existing ground line.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Duct:&#039;&#039;&#039; An enclosed tubular casing, or raceway, for protecting wires, lines, or cables that is often flexible or semi-rigid (1-3% diametric deflection). The casing, or raceway, is separate from the cable or conductor that passes through it.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Encasement:&#039;&#039;&#039; The term encasement means the placing of an installation around and outside of an underground facility consisting of a larger conduit that permits the removal and replacement of the facility. An alternate to the conduit type encasement is reinforced concrete poured around the utility facility. Utility owners are allowed to use any types of material as a carrier and encasement for its facilities as expressly provided for in the permit issued for the installation of the utility facility.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Freeway:&#039;&#039;&#039; A divided arterial highway with full control of access.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Highway:&#039;&#039;&#039; Any public way for vehicular travel, including the entire area within the right of way and related facilities constructed or improved and maintained by the Missouri Highways and Transportation Commission (MHTC) acting through the Missouri Department of Transportation (MoDOT).&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Interchange Limits:&#039;&#039;&#039; For the uniform handling of utility installations only, the limits of an interchange are the outside ramp curve points. See [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_1_TypicalInterchangeLimits_AOD.pdf EPG Figure 643.1.1] for an example.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Interstate System or Other Freeways/Expressways:&#039;&#039;&#039; Interstate highways and highways with fully controlled access.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Major Routes (Interstates, Freeways/Expressways and Principal Arterials):&#039;&#039;&#039; The major highway system is all routes functionally classified as principal arterials. The principal arterial system provides for statewide or interstate movement of traffic. The major roads in Missouri total approximately 5,500 centerline miles.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Minor Routes:&#039;&#039;&#039; The minor highway system is all routes functionally classified as minor arterials or collectors. These routes mainly serve local transportation needs. The minor roads in Missouri total approximately 28,400 centerline miles.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Normal Right of Way Line:&#039;&#039;&#039; An imaginary line that connects sudden breaks in the major right of way points for roadways. Sight distance right of way points (triangles) at roadway intersections are not to be considered as sudden breaks for determining normal right of way.&lt;br /&gt;
[[File:fig_643.1.2-06_2026.jpg|none|700px|thumb|Figure 643.1.2 Normal Right of Way Line.]]&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Private Lines:&#039;&#039;&#039; Privately owned utility facilities which convey or transmit the commodities outlined in the definition of utility facility of this section but devoted exclusively to private use.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Scenic Enhancement Areas:&#039;&#039;&#039; Scenic enhancement areas include areas acquired or so designated as scenic strips, overlooks, rest areas, recreation areas, and the right of way of adjacent roadways and the right of way of roadways that pass through public parks and historic sites as described under 23 USC 138.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Utility Corridor:&#039;&#039;&#039; An area established for the placement of utility facilities parallel to the normal right of way line.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Utility Facility:&#039;&#039;&#039; Privately, publicly, or cooperatively owned line, facility, or system for producing, transmitting, or distributing communications, cable television, power, electricity, light, heat, gas, oil, crude products, water, steam, waste, storm water not connected with highway drainage or any other similar commodity, including any fire or police signal system or street lighting system which directly or indirectly serves the public and does not include privately owned facilities devoted exclusively to private use. The term &amp;quot;utility facility&amp;quot; includes those facilities used solely by the utility owner that are a part of its operating plant.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Utility Owner:&#039;&#039;&#039; The utility owner is the utility company, inclusive of any wholly owned or controlled subsidiary, or city or county which owns utility facilities. The term also includes those government agencies that lease a utility facility for its own use or otherwise dedicated solely to governmental use.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Variance:&#039;&#039;&#039; A one- (1-) time deviation from the requirements for location or relocation of utility facilities on the right of way of highways in the state highway system as established in [https://www.sos.mo.gov/cmsimages/adrules/csr/current/7csr/7c10-3.pdf Title 7 Code of State Regulations 10-3], requested by the utility, and approved by a MoDOT District Design Engineer.&lt;br /&gt;
&lt;br /&gt;
==643.1.3 Location of Utility Facilities==&lt;br /&gt;
Utility facilities paralleling the roadway should be installed in the utility corridor except as outlined below. The utility corridor is the space for all utility owners generally within six feet (6’) of the normal right of way line. When considering if the current utility corridor is available to expand from six feet (6’) to as much as twelve feet (12’), MoDOT determines if the expansion is warranted. In making the determination, MoDOT will consider the existing utilization of the original six feet (6’) corridor. Poles must remain within two feet (2’) of the normal right of way line unless approved by a variance. The utility corridor will only be expanded beyond six feet (6’) if the original six feet (6’) corridor is fully utilized and additional space would be required to accommodate additional utility facilities. Acquisition of additional right of way to establish a twelve feet (12’) corridor is not required on highway construction projects. For depths for underground utility facilities, see [[#643.1.4.1_Minimum_Cover_for_Underground_Facilities|EPG 643.1.4.1]].&lt;br /&gt;
&lt;br /&gt;
Utility facilities crossing the roadway should be installed as close to ninety degrees (90°) to the centerline of the roadway as possible and based on the guidelines below depending on the type of roadway. See [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_3_TypicalUtilityCorridor-InterchangeatMajorRoute_AOD.pdf EPG Figure 643.1.3] and [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_4_TypicalUtilityCorridor-InterchangeatMinorRoute_AOD.pdf EPG Figure 643.1.4] for typical utility corridors around interchanges.&lt;br /&gt;
&lt;br /&gt;
===643.1.3.1 Interstate System or Other Major Freeways/Expressways===&lt;br /&gt;
The installation of all utility facilities on highways of the Interstate System or other major freeways/expressways with fully controlled access are to be installed, serviced, and maintained without entering or leaving the roadway and ramps except at points approved by MoDOT for that purpose and without parking any equipment or storing materials upon the medians, roadway and ramps, or shoulders of the roadways. Cutting or damaging the pavement or paved shoulders is not permitted. New service connections to existing parallel utility facilities are to be permitted only where an outer roadway exists and then only where access is permitted by the Commission. Careful consideration will be given to the location of guys, anchors, braces, and other supports. Generally, good design practice will provide that appurtenances be located at right of way jogs, along intersecting road right of way, or at other similar acceptable locations, so that encroachment is held to an absolute minimum.&lt;br /&gt;
&lt;br /&gt;
No utility facilities will be permitted within the interchange limits of an interchange between fully limited access highways where planned or existing. Utility facilities within the interchange limits of an interchange with a non-access controlled highway will be permitted only along the minor road, provided that all construction, service, and maintenance can be performed from the minor road. Manholes and poles must be located beyond the ramp termini.&lt;br /&gt;
&lt;br /&gt;
For structures carrying or over interstates or other major freeways/expressways, see [[#643.1.5_Bridge_Attachment_Policy|EPG 643.1.5]].&lt;br /&gt;
&lt;br /&gt;
====643.1.3.1.1 Utility Facilities Crossing the Interstate or Other Major Freeways/Expressways====&lt;br /&gt;
=====643.1.3.1.1.1 Overhead Crossings of the Interstate or Other Major Freeways/Expressways=====&lt;br /&gt;
Overhead crossings of utility facilities are permitted only for power transmission and distribution lines and for multiple circuit communication lines where an underground installation is not economically feasible. Supports for existing utility facilities crossing overhead may remain on the right of way provided they are near the right of way line regardless of the presence of an outer road. Supports for new overhead utility facilities crossing overhead may be located on the right of way near the right of way line where an outer roadway exists and are to be located off the right of way where no outer roadway exists. Overhead service crossings are only permitted in isolated cases for residential or commercial establishments when the denial of the crossing would require construction of more than 1,200 feet (1,200’) of utility line to provide the service. Main or distribution line crossings are required to serve a general area other than isolated cases.&lt;br /&gt;
&lt;br /&gt;
=====643.1.3.1.1.2 Underground Crossings of the Interstate or Other Major Freeways/Expressways=====&lt;br /&gt;
Underground crossings of utility facilities are to be continuously encased under the pavement, medians, ramps, and shoulders with the casing extending to the toe of the fill slopes or to the ditch line. In curbed sections, encasement should extend outside the outer curb of the roadways a distance equal to the depth of the encasement at the curb line. Where installed by open trench through unpaved areas, detector tape should be placed approximately one foot (1&#039;) above the encasement. Where an interstate or other major freeway has a parallel outer roadway, encasement should be continuous under all roadways within the right of way.&lt;br /&gt;
&lt;br /&gt;
Manholes or vent pipes are to be located at the right of way line or adjacent to the outer roadway.&lt;br /&gt;
&lt;br /&gt;
For fiber optic cable, encasement should extend from within six feet (6&#039;) of one right of way line to within six feet (6&#039;) of the other right of way line.&lt;br /&gt;
&lt;br /&gt;
Exceptions may be made for encasement as listed in [[#643.1.4.2_Exceptions_to_Encasement|EPG 643.1.4.2]].&lt;br /&gt;
&lt;br /&gt;
=====643.1.3.1.1.3 Parallel Installations along the Interstate or Other Major Freeways/Expressways=====&lt;br /&gt;
New parallel installations on the right of way may be permitted only where an outer roadway exists, provided that poles are within two feet (2&#039;) of the normal right of way line and underground utility facilities are within the utility corridor, and provided that the utility facility can be installed and maintained between the outer roadway and the right of way line. Existing overhead or underground utility facilities that parallel an existing roadway which will be incorporated into a completed highway as an outer roadway may remain in place if all maintenance and service can be performed from an outer roadway and the existing location does not interfere with construction, maintenance, or operation of the completed highway. If an existing parallel utility facility needs to be relocated so as to not interfere with the construction, maintenance, or operation of the completed interstate or other major freeway, poles may be located withing five feet (5’) of the right of way line.&lt;br /&gt;
&lt;br /&gt;
Underground utility facilities are expected to be buried within the utility corridor of sight distance triangles (SDTs) at roadway intersections unless granted a variance. Overhead utility facilities may be allowed to span intersecting roadways with SDTs provided the poles, or supports, are located outside the SDT.&lt;br /&gt;
&lt;br /&gt;
=====643.1.3.1.1.4 Sanitary Sewers within the Right of Way of Interstates or Other Major Freeways/Expressways=====&lt;br /&gt;
New installations of sanitary sewers should follow the applicable guidelines for either underground crossings or parallel installations as appropriate. Existing gravity trunk sanitary sewers should be considered individually and removed or left in place contingent upon its age, condition, feasibility of moving, and maintenance access. Encasement of existing trunk sewers left in place may be required for questionable condition, protection during construction, or heavy fills.&lt;br /&gt;
&lt;br /&gt;
Manholes should be relocated to the right of way lines or adjacent to an outer roadway.&lt;br /&gt;
&lt;br /&gt;
===643.1.3.2 Major Routes===&lt;br /&gt;
For structures carrying or over major routes, see [[#643.1.5_Bridge_Attachment_Policy|EPG 643.1.5]].&lt;br /&gt;
&lt;br /&gt;
====643.1.3.2.1 Major Routes with Partially Controlled Access Right of Way====&lt;br /&gt;
The installation of all utility facilities on highways with partially controlled access right of way are to be installed, serviced, and maintained without entering or leaving the roadway and ramps except at points approved by MoDOT for that purpose and without parking any equipment or storing materials upon the medians, roadway and ramps, or shoulders of the roadways. Cutting or damaging the pavement or paved shoulders is not permitted. Equipment or materials stored within the right of way must be protected by longitudinal barrier or be located outside the clear zone. New service connections to existing parallel utility facilities are to be permitted only where granted by the Commission.&lt;br /&gt;
&lt;br /&gt;
No utility facilities will be permitted within the interchange limits of an interchange between fully limited access highways where planned or existing. Utility facilities within the interchange limits of an interchange with a non-access controlled highway will be permitted only along the minor road, provided that all construction, service, and maintenance can be performed from the minor road. Manholes and poles must be located beyond the ramp termini.&lt;br /&gt;
&lt;br /&gt;
====643.1.3.2.2 Major Routes with Normal Access Right of Way====&lt;br /&gt;
All new utility facilities will be installed and maintained without cutting or damaging the pavement or paved shoulders except in the event underlying rock formations or other obstructions are encountered that prevent boring or pushing operations. A variance may be granted for pavement cuts when the need is established. Pavement cuts may only be made by permits issued when it is impractical to otherwise service and maintain the facility. The installation of all utility facilities is to be installed without parking any equipment or storing materials upon the medians, roadway and ramps, or shoulders of the roadways. Equipment or materials stored within the right of way must be protected by longitudinal barrier or be located outside the clear zone.&lt;br /&gt;
&lt;br /&gt;
====643.1.3.2.3 Utility Facilities Crossing Major Routes====&lt;br /&gt;
=====643.1.3.2.3.1 Overhead Crossings of Major Routes=====&lt;br /&gt;
Supports for utility facilities crossing overhead should be located as near the right of way line as possible. For major routes with controlled access right of way, new overhead service crossings may be permitted in isolated cases for residential or commercial establishments where the denial of such crossings would require the construction of more than 1,200 feet (1,200’) of utility line to provide the same service. For major routes with normal access right of way, there is no restriction on the placement of service crossings.&lt;br /&gt;
&lt;br /&gt;
=====643.1.3.2.3.2 Underground Crossings of Major Routes=====&lt;br /&gt;
Underground crossings of utility facilities are to be continuously encased under the pavement, medians, ramps, and shoulders with the casing extending to the toe of the fill slopes or to the ditch line. In curbed sections, encasement should extend outside the outer curb of the roadways a distance equal to the depth of the encasement at the curb line. Where installed by open trench through unpaved areas, detector tape should be placed approximately one foot (1&#039;) above the encasement. Where a major route has a parallel outer roadway, encasement should be continuous under all roadways within the right of way.&lt;br /&gt;
&lt;br /&gt;
Manholes or vent pipes are to be located at the right of way line or adjacent to the outer roadway.&lt;br /&gt;
&lt;br /&gt;
For fiber optic cable, encasement should extend from within six feet (6&#039;) of one right of way line to within six feet (6&#039;) of the other right of way line.&lt;br /&gt;
&lt;br /&gt;
Exceptions may be made for encasement as listed in [[#643.1.4.2_Exceptions_to_Encasement|EPG 643.1.4.2]].&lt;br /&gt;
&lt;br /&gt;
====643.1.3.2.4 Parallel Installations along Major Routes====&lt;br /&gt;
New parallel installations on the right of way may be permitted provided that poles are within two feet (2&#039;) of the normal right of way line and underground utility facilities are within the utility corridor. Existing overhead or underground utility facilities that parallel an existing roadway which will be incorporated into a completed highway may remain in place if all maintenance and service can be performed without entering or leaving the roadway except at approved access points; without parking equipment or storing materials on the median, pavement, ramps, or shoulders; and the existing location does not interfere with construction, maintenance, or operation of the completed highway. If an existing parallel utility facility needs to be relocated so as to not interfere with the construction, maintenance, or operation of the completed highway, poles may be located withing five feet (5’) of the right of way line.&lt;br /&gt;
&lt;br /&gt;
Existing steel pipe transmission and distribution facilities for gaseous petroleum products that parallel an existing roadway that will be incorporated into the completed roadway may be left in place subject to an agreement by the utility owner that maintenance or service and facility expansion will be performed without cutting or damaging the pavement or interfering with the construction, maintenance, and operation of the highway and provided that the facility is cathodically protected against corrosion and meets the applicable material requirements.&lt;br /&gt;
&lt;br /&gt;
Underground utility facilities are expected to be buried within the utility corridor of sight distance triangles (SDTs) at roadway intersections unless granted a variance. Overhead utility facilities may be allowed to span intersecting roadways with SDTs provided the poles, or supports, are located outside the SDT.&lt;br /&gt;
&lt;br /&gt;
====643.1.3.2.5 Sanitary Sewers within the Right of Way of Major Routes====&lt;br /&gt;
New installations of sanitary sewers should follow the applicable guidelines for either underground crossings or parallel installations as appropriate. An existing gravity trunk sanitary sewer should be considered individually and removed or left in place contingent upon its age, condition, feasibility of moving, and maintenance access. If an existing parallel gravity main is left in place within the limits of the paved surface, paved shoulder lines, or curb lines, stub mains as required will be laid between the sewer main and curb or shoulder lines for future service connections in each block. Manholes should be relocated outside the traveled roadway as near the right of way line as practical.&lt;br /&gt;
&lt;br /&gt;
===643.1.3.3 Minor Routes===&lt;br /&gt;
For structures carrying or over minor routes, see [[#643.1.5_Bridge_Attachment_Policy|EPG 643.1.5]].&lt;br /&gt;
&lt;br /&gt;
====643.1.3.3.1 Utility Facilities Crossing Minor Routes====&lt;br /&gt;
=====643.1.3.3.1.1 Overhead Crossings of Minor Routes=====&lt;br /&gt;
Existing overhead crossings that interfere with construction, maintenance, or operation should be relocated with their supports as near the right of way line as is practical. New overhead crossing installations should be located with their supports as near the right of way line as is practical.&lt;br /&gt;
&lt;br /&gt;
=====643.1.3.3.1.2 Underground Crossings of Minor Routes=====&lt;br /&gt;
All new utility facilities should be installed and maintained without cutting or damaging the pavement or paved shoulders. A variance may be granted for pavement cuts when servicing and maintaining the facility by any other methods is impractical. Pavement cuts may only be made by permits issued. Underground crossings of utility facilities are to be continuously encased under the pavement, medians, ramps, and shoulders with the casing extending to the toe of the fill slopes or to the ditch line. In curbed sections, encasement should extend outside the outer curb of the roadways a distance equal to the depth of the encasement at the curb line. Where installed by open trench through unpaved areas, detector tape should be placed approximately one foot (1&#039;) above the encasement.&lt;br /&gt;
&lt;br /&gt;
Manholes or vent pipes are to be located at the right of way line or adjacent to the outer roadway.&lt;br /&gt;
&lt;br /&gt;
For fiber optic cable, encasement should extend from within six feet (6&#039;) of one right of way line to within six feet (6&#039;) of the other right of way line.&lt;br /&gt;
&lt;br /&gt;
Exceptions may be made for encasement as listed in [[#643.1.4.2_Exceptions_to_Encasement|EPG 643.1.4.2]].&lt;br /&gt;
&lt;br /&gt;
====643.1.3.3.2 Parallel Installations along Minor Routes====&lt;br /&gt;
New parallel installations on the right of way may be permitted provided that poles are within two feet (2&#039;) of the normal right of way line and underground utility facilities are within the utility corridor. Existing overhead or underground utility facilities that parallel an existing roadway which will be incorporated into a completed highway may remain in place if all maintenance and service can be performed without entering or leaving the roadway except at approved access points; without parking equipment or storing materials on the median, pavement, ramps, or shoulders; and the existing location does not interfere with construction, maintenance, or operation of the completed highway. If an existing parallel utility facility needs to be relocated so as to not interfere with the construction, maintenance, or operation of the completed highway, poles may be located within five feet (5’) of the right of way line.&lt;br /&gt;
&lt;br /&gt;
Underground utility facilities are expected to be buried within the utility corridor of sight distance triangles (SDTs) at roadway intersections unless granted a variance. Overhead utility facilities may be allowed to span intersecting roadways with SDTs provided the poles, or supports, are located outside the SDT.&lt;br /&gt;
&lt;br /&gt;
====643.1.3.3.3 Sanitary Sewers within the Right of Way of Minor Routes====&lt;br /&gt;
New installations of sanitary sewers should follow the applicable guidelines for either underground crossings or parallel installations as appropriate. An existing gravity trunk sanitary sewer should be considered individually and removed or left in place contingent upon its age, condition, feasibility of moving, and maintenance access. If an existing parallel gravity main is left in place within the limits of the paved surface, paved shoulder lines, or curb lines, stub mains as required will be laid between the sewer main and curb or shoulder lines for future service connections in each block. Manholes should be relocated outside the traveled roadway.&lt;br /&gt;
&lt;br /&gt;
===643.1.3.4 Roundabouts===&lt;br /&gt;
Regardless of roadway type, it is desirable to avoid locating utility facilities and their access points within the circulatory roadway. If possible, utility facilities are located in the legs of the roundabout to allow for future maintenance and access at an isolated leg versus affecting the entire roundabout. See [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_5_TypicalLocationofUtilityFacilitiesnearRoundabouts_AOD.pdf EPG Figure 643.1.5] for an example.&lt;br /&gt;
&lt;br /&gt;
===643.1.3.5 Utility Facilities in Scenic Enhancement Areas===&lt;br /&gt;
All existing utility facilities within the limits of a scenic enhancement area requiring adjustment because of construction or reconstruction will be placed underground or relocated beyond the limits of the scenic enhancement area. No new above ground facilities will be permitted. New underground facilities will be permitted provided they do not extensively alter or impair the appearance of the area.&lt;br /&gt;
&lt;br /&gt;
==643.1.4 Installation of Utility Facilities==&lt;br /&gt;
The following sections provide information on the physical installation of utility facilities within highway right of way.&lt;br /&gt;
&lt;br /&gt;
===643.1.4.1 Minimum Cover for Underground Facilities===&lt;br /&gt;
The minimum cover for new underground utilities is:&lt;br /&gt;
* Forty-two inches (42”) for all water lines (parallel and crossings).&lt;br /&gt;
* Forty-two inches (42”) for fiber optic cable (crossings encased in rigid conduit).&lt;br /&gt;
* Seventy-two inches (72”) for fiber optic cable (crossings encased in polyethylene (PE) pipe).&lt;br /&gt;
* Thirty inches (30”) for direct burial and in trench fiber optic cable (parallel).&lt;br /&gt;
* Twenty-four inches (24”) for all other direct burial copper or coaxial cable, (parallel).&lt;br /&gt;
* Seventy-two inches (72”) for uncased polyethylene (PE) gas pipe crossings under ditches and roadways but thirty inches (30”) elsewhere.&lt;br /&gt;
* Thirty inches (30”) for all other (such as, but not limited to, gravity sewers, forced sewers, and electric) underground utilities (both parallel and crossing).&lt;br /&gt;
&lt;br /&gt;
===643.1.4.2 Exceptions to Encasement===&lt;br /&gt;
Exceptions may be made for encasement as follows:&lt;br /&gt;
* Non-fiber communication or electric cables installed in ducts.&lt;br /&gt;
* Welded steel pipelines carrying gaseous or liquid petroleum products - provided they are cathodically protected against corrosion, triple-coated in accordance with accepted pipeline construction standards, and meet applicable material requirements.&lt;br /&gt;
* Natural gas distribution pipe (nominal six-inch (6”) diameter maximum) of polyethylene (PE) plastic, traceable, installed by a horizontal bore method at a minimum depth of seventy-two inches (72”) under ditches and roadways, constructed in accordance with and meeting applicable material requirements.&lt;br /&gt;
* Gas service connections protected and constructed in accordance with and meeting applicable material requirements.&lt;br /&gt;
* Encasement is not required for new trunk sanitary sewer crossings of vitrified clay, reinforced concrete or cast iron except when installation procedures would produce voids in the roadbed, heavy fills, or installations under pressure.&lt;br /&gt;
&lt;br /&gt;
===643.1.4.3 Above Ground or Ground Level Appurtenances===&lt;br /&gt;
Appurtenances protruding more than four inches (4”) above the ground line should be located outside the clear zone. If no feasible alternative exists and if permitted by a variance, appurtenances may be allowed within the clear zone if they meet breakaway criteria or will be shielded by a traffic barrier. Good design practice will provide that appurtenances be located at right of way jogs, along intersecting road right of way, or at other similar acceptable locations, so that encroachment is held to an absolute minimum. Cables, wires, small diameter pipes, and other such utility appurtenances extending from the surface of the ground should be equipped with covers or guards to improve their visibility. Appurtenances within sidewalks or street level pedestrian access routes are to be in conformance with the Americans with Disabilities Act requirements.&lt;br /&gt;
&lt;br /&gt;
The maximum pull box width perpendicular to the right of way line within the utility corridor is thirty inches (30”).&lt;br /&gt;
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===643.1.4.4 Overhead Utility Facilities===&lt;br /&gt;
The vertical clearance of new or existing overhead installations will not be less than the current minimum requirements of the National Electric Safety Code, but in no case less than eighteen feet (18’) inclusive of sag above the groundline for electrical facilities. Clearance may be reduced for overhead installations of cable, telephone, or fiber optic facilities.&lt;br /&gt;
A minimum radial clearance of twenty-five feet (25’) is provided from any utility facility to the nearest part of any bridge structure. A minimum radial clearance of ten feet (10’) is provided from the nearest charged electrical line to a MoDOT signal, lighting, ITS, or overhead sign structure.&lt;br /&gt;
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===643.1.4.5 Approved Materials===&lt;br /&gt;
Utility owners are allowed to use any material for underground utility facilities including carrier and encasement provided they accept responsibility for any future repairs and/or replacement of damaged MoDOT facilities should a failure occur. This will allow the use of current technology and procedures to provide the best value to its subscribers and the taxpayers of Missouri. For materials that MoDOT also uses in its highway system, utility owners must provide materials that meet the current [https://www.modot.org/missouri-standard-specifications-highway-construction Missouri Standard Specifications for Highway Construction]. For materials not listed in the Missouri Standard Specifications for Highway Construction, the utility owner should provide documentation of the standards used to determine suitability of the material.&lt;br /&gt;
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===643.1.4.6 Cutting===&lt;br /&gt;
In the event permission is granted to cut an existing concrete or asphalt pavement or sidewalk, the appropriate provisions below should be followed.&lt;br /&gt;
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====643.1.4.6.1 Pavement====&lt;br /&gt;
All pavement cuts should be made with a saw to the full depth of the pavement. The width of the cut is typically determined by the width of the trench plus a minimum one foot (1’) on each side of the trench. In the event the distance to any adjacent longitudinal or transverse joint or crack is less than four feet (4’), the pavement must be removed to the joint or crack. Cuts for perpendicular service tie-ins should be a minimum of three feet (3’) wide. Longitudinal main installations are typically cut at a minimum of half the lane width, but in no instance should the cut be along the wheel path of the lane.&lt;br /&gt;
[[File:fig_643.1.6-06_2026.jpg|800px|none|thumb|Figure 643.1.6 Pavement Repair Dimension Requirements.]]&lt;br /&gt;
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The utility facilities should be placed in a location with the least impact to the roadway. Typically, this leads to placement in the shoulder when available followed by the two-way left turn lane (TWLTL), and then outside lanes before allowing placement in interior through lanes. Lane switching should be kept to a minimum and should not be used to minimize repair sizes. Cuts for mains or service leads that may not be perpendicular to the roadway should be squared-off.&lt;br /&gt;
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Replacement of cut pavement should be full depth concrete in accordance with the current version at the time of installation of Section 613.10 Full Depth Pavement Repairs of the Missouri Standard Specifications for Highway Construction and the Missouri Standard Plans for Highway Construction. If the area of the pavement repair is not to be fully resurfaced all joints including the overcut from the sawing operation should be filled with an expansive mortar, epoxy, polyester, or joint material as approved by the Engineer in accordance with Section 1057 of the Missouri Standard Specifications for Highway Construction.&lt;br /&gt;
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====643.1.4.6.2 Pedestrian Access Routes====&lt;br /&gt;
All cuts in the pedestrian access routes whether asphalt or concrete should be made by saw and be the full depth of the material. Entire slabs of concrete sidewalk should be removed. Repair of the pedestrian access route must meet Americans with Disability Act requirements, see [[:Category:642_Pedestrian_Facilities|EPG 642]]. Cuts through curb ramps or detectable warning areas are not permitted. Rather the entire curb ramp or detectable warning area must be removed and replaced. MoDOT district ADA contacts can help ensure ADA compliance of impacted pedestrian access routes.&lt;br /&gt;
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===643.1.4.7 Non-disturbance Areas===&lt;br /&gt;
MoDOT has certain areas of right of way where mowing, spraying, digging, or other vegetation disturbance activities are restricted. These areas have been established to mitigate the environmental impacts of a previous project and should be avoided. If the areas cannot be avoided, contact MoDOT’s Environmental Section.&lt;br /&gt;
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==643.1.5 Bridge Attachment Policy==&lt;br /&gt;
No utility facility will be permitted in or on a structure carrying an interstate or other freeway unless it is part of a federal requirement or for MoDOT’s use. When the structure carries any other road type and no other practical means exists for the crossing, wires (communication, electrical, fiber, or metal) will be permitted. Electrical lines must be located to cause minimum exposure to MoDOT maintenance personnel and the public. Pressurized pipelines for gas or other petroleum products and water and all sewer lines are prohibited on all structures due to the risks associated with their failure.&lt;br /&gt;
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===643.1.5.1 Agreement===&lt;br /&gt;
An agreement is required for all utility facilities attached to any structure. A charge will be made for the increased maintenance costs involved. This fee is set by the Bridge Division. When permitted, a 50-year occupational agreement is executed with the utility owner. Agreement BR04 Utility Attachment Agreement is used when an attachment is added to a bridge during its construction. Agreement BR09 Bridge Attachment Agreement is used when an attachment is added to an existing bridge.&lt;br /&gt;
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===643.1.5.2 Requests===&lt;br /&gt;
Requests to attach facilities to structures is a multi-step process. Bridge Division is responsible for approval of the bridge attachment. If at any point in the process, Bridge Division determines the attachment to be unacceptable, a reason is to be provided.&lt;br /&gt;
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To start, the utility owner submits a conceptual request to the district utilities staff. The conceptual request consists of an explanation of the proposal; a general location sketch (i.e., which side of the bridge); and details on the facility, length, and weight per foot when full. The district utilities staff should work with all relevant district personnel including the District Bridge Engineer in reviewing and recommending the attachment. The district utilities staff will submit the recommended details to the Bridge Division to determine the applicable costs including future maintenance costs and for attachments to new bridges, design and construction. Once the Bridge Division has determined the cost, the district utilities staff shares the cost with the utility owner for their concurrence with furthering the process. For new bridges, if the utility owner concurs with the costs, the district utility staff will prepare the BR04 Agreement for execution by the utility owner and the Commission. MoDOT will be responsible for the design and construction of attachments to new bridges. For existing bridges, the district utilities staff will forward the applicable as-built bridge plans to the utility owner for its use in designing the bridge attachment. The utility owner will provide detailed design drawings, signed and sealed by a professional engineer in the State of Missouri, to the district utilities staff for review. The district utilities staff should work with all relevant district personnel, including the District Bridge Engineer, in reviewing and recommending the details of the attachment to the Bridge Division. Once Bridge Division approves, the Bridge Division will prepare the BR09 Agreement for execution by the utility owner and the Commission. The utility owner is responsible for the construction of attachments to existing bridges. A flow chart, [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_7_BridgeAttachementProcess_AOD.pdf EPG Figure 643.1.7], of the process is available.&lt;br /&gt;
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Payment from the utility owner for the attachment will be sent to Financial Services by district utilities staff. For BR04 agreements, district utilities staff should discuss with Financial Services how to get the payment credited to the project constructing the attachment. For BR09 agreements, district utilities staff should copy Bridge Division on correspondence with Financial Serves. Checks should be made payable to Director of Revenue, Credit State Road Fund.&lt;br /&gt;
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For requests from government entities such as cities, counties, and other municipalities, the requested information should be submitted to Bridge Division as described above. However, the district utilities staff will take the lead in preparing the DE10 County Agreement or DE11 Municipal Agreement, as applicable, with input from Bridge Division and Bridge Maintenance. All fees are waived for government entities.&lt;br /&gt;
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===643.1.5.3 Considerations===&lt;br /&gt;
The following considerations are made in determining the acceptability of a bridge attachment. Unique situations will be discussed with the Bridge Division as required.&lt;br /&gt;
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====643.1.5.3.1 Bridge Asset Management Program====&lt;br /&gt;
Requests for bridge attachments should be reviewed for consistency with the district’s upcoming bridge asset management program needs. If a structure is due for rehabilitation or replacement in the near future, information should be provided to the utility owner indicating existing remaining life of the bridge. In some instances, it may be in MoDOT’s best interest to deny the request for attachment outright. In some instances, the utility owner may still choose to pursue the short-term attachment to the existing structure. In almost all cases, the utility owner is responsible for the cost of removing and/or relocating their utility facilities for a necessary repair, widening, improvement or reconstruction of the structure. Review existing agreements for cost responsibility for current attachments.&lt;br /&gt;
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====643.1.5.3.2 Aesthetics====&lt;br /&gt;
In reviewing a request for a bridge attachment, how the structure is viewed by the public will be considered. For example, is the structure over a scenic stream that is extensively used by canoeists, or does the structure span a road that may provide access to a park, campgrounds, or boat launching facilities? Is the structure a grade separation where the motoring public will see the attachment before they pass under it?&lt;br /&gt;
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====643.1.5.3.3 Method of Attachment====&lt;br /&gt;
In order to maintain structural integrity of any structures the following requirements will apply for attachments.&lt;br /&gt;
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=====643.1.5.3.3.1 Welding=====&lt;br /&gt;
Welding of hardware to structural steel members (i.e., flanges, webs, stiffeners, and diaphragms) whether in tension or compression is not permitted.&lt;br /&gt;
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=====643.1.5.3.3.2 Drilling=====&lt;br /&gt;
Drilling holes in any structural steel member is not permitted. Drilling holes for anchors into any prestressed concrete member is not permitted. Although permitted, drilling holes for anchors into the underside of bridge decks must be done with caution. It is recommended all anchors be installed to miss deck reinforcing steel. Generally, drilling into decks will not be allowed where sonotubes were used (voided slab bridges). The depth of the holes should be such that breaking out of the concrete on the top side of the deck does not occur.&lt;br /&gt;
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=====643.1.5.3.3.3 Corrosion=====&lt;br /&gt;
Attachment hardware will be new, properly coated to prevent corrosion or be of a non-corrosive material, and be designed to support the facility.&lt;br /&gt;
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====643.1.5.3.4 Location====&lt;br /&gt;
In general, attachments are made on the underneath side of the bridge deck. The condition of the bridge deck will dictate the location of the attachment supports. An exception may be attachments to trusses or other overhead structures.&lt;br /&gt;
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Attachments that may require manholes in bridge decks are not allowed.&lt;br /&gt;
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When attachments are required to structures over streams that may carry large drifts, they must be attached to the downstream side of the structure and above the lowest superstructure element. It is preferred to locate the attachment on the outside of the exterior girder. If aesthetics are a concern, a better appearance can be achieved by having the attachment made to the inside of the exterior girder and above the bottom of the lower flange to hide the conduit and the attaching hardware.&lt;br /&gt;
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Placement of utilities must not prevent the removal of old paint, the application of new paint on superstructure steel, or cause debris buildup, which could cause structural deterioration.&lt;br /&gt;
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====643.1.5.3.5 Construction and Maintenance====&lt;br /&gt;
If the attachment cannot be built while maintaining one (1) lane of traffic on the structure, it will not be allowed.&lt;br /&gt;
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Construction procedures that severely impact traffic may factor into the allowable location of the attachment on the structure.&lt;br /&gt;
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When scaffolding is to be attached or supported by bridge rails, bridge superstructure, or bridge substructure, the procedures for construction of the attachment must be reviewed.&lt;br /&gt;
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The utility owner or local entity will pay for, or be responsible for, the painting of the attachment, if necessary, when the bridge requires painting.&lt;br /&gt;
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==643.1.6 Private Lines==&lt;br /&gt;
Private lines are permitted to cross the right of way of a highway in the same manner as outlined for all utility facilities in above sections of this article. Parallel installations along the right of way of a highway are not permitted. Special conditions at a specific location that make adherence to this policy impractical will be submitted to the Chief Engineer for consideration of an acceptable alternative. In certain situations, it may be necessary to obtain approval from the Federal Highway Administration (FHWA) before approval to use the alternative can be given to the private utility owner.&lt;br /&gt;
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==643.1.7 Water and Sewer Separations==&lt;br /&gt;
The Missouri Department of Natural Resources (MoDNR) Safe Drinking Water Commission via 10 CSR 60-10 and Clean Water Commission via 10 CSR 20-8 govern the design of water and sewer lines in the vicinity of one another. Basic criteria are outlined below for information, and details are contained within the regulations. MoDOT is not responsible for providing or acquiring adequate right of way for utility owners to comply with MoDNR requirements.&lt;br /&gt;
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===643.1.7.1 Water and Sewer Separations===&lt;br /&gt;
====643.1.7.1.1 Horizontal====&lt;br /&gt;
Sanitary and storm sewers are to be laid at least ten feet (10’) horizontally measured from outside edge to outside edge from any existing or proposed water main. In cases where it is not practical to maintain ten feet (10’) of separation, installation of the water main closer to the sewer is acceptable where the water main is installed in a separate trench or on an undisturbed earth shelf located on one (1) side of the sewer at an elevation so the bottom of the water main is at least eighteen inches (18”) above the top of the sewer.&lt;br /&gt;
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===643.1.7.2 Crossings===&lt;br /&gt;
Water mains are to be laid to provide a minimum vertical distance of eighteen inches (18”) vertically measured outside edge to edge from sanitary or storm sewers. This is the case whether the water main is above or below the sewer. One (1) full length of water pipe must be located so both joints will be as far from the sanitary or storm sewer line as possible. Special structural support for the water main or sanitary or sewer main may be required.&lt;br /&gt;
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===643.1.7.3 Exception===&lt;br /&gt;
When it is impossible to obtain proper horizontal and vertical separation as stipulated, the sewer will be designed and constructed equal to water pipe and will be pressure-tested to assure it is watertight prior to backfilling.&lt;br /&gt;
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===643.1.7.4 Water Supply Interconnections===&lt;br /&gt;
No physical connection is permitted between a public or private potable water supply system and any sanitary or storm sewer or appurtenance that would permit the passage of any sewage or polluted water into the water supply. No water pipe is permitted to pass through or come in contact with any part of a sanitary sewer manhole.&lt;br /&gt;
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===643.1.7.5 Water Works Structures===&lt;br /&gt;
Sewers are not permitted to be installed within fifty feet (50’) in any direction from any existing or proposed public water supply well or other water supply sources or structures.&lt;br /&gt;
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==643.1.8 Variances==&lt;br /&gt;
Occasionally, it is impractical to locate a utility facility in accordance with requirements outlined in this article. MoDOT may consider a utility owner’s request for a variance from these requirements on a case-by-case basis. The utility owner should complete a [https://epg.modot.org/forms/general_files/DE/UtilityVarianceApprovalForm.docx Utility Variance Approval Form] to be submitted to MoDOT for consideration. Variances on the Interstate System require approval of the Federal Highway Administration (FHWA). A flow chart, [https://epg.modot.org/forms/general_files/DE/xx.pdf EPG Figure 643.1.8], of the variance process is available.&lt;br /&gt;
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A variance will not be permitted just for the convenience of the utility owner. The utility owner requesting a variance must provide all necessary information to properly evaluate if a variance should be approved. For example, a utility owner requesting a variance because “the utility corridor is full” must explore all reasonable options. It is suggested that the requestor pothole the existing utility corridor to confirm the location of existing utility facilities and provide that data to support the need to locate outside of the utility corridor due to its congestion.&lt;br /&gt;
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===643.1.8.1 Variance Process===&lt;br /&gt;
Any utility owner of a public utility facility may apply for a variance. The process for requesting a variance is as follows:&lt;br /&gt;
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====643.1.8.1.1 Submittal Requirements====&lt;br /&gt;
Utility owners submit to the district utilities staff a written request for a variance using the [https://epg.modot.org/forms/general_files/DE/UtilityVarianceApprovalForm.docx Utility Variance Approval Form]. The utility owner must clearly show the provision(s) or guideline(s) for which the variance is being requested; the condition(s) which the utility owner believes warrant(s) the granting of a variance; a thorough explanation of the reason(s) for the requested variance, including sufficient and appropriate documentation of safety, aesthetic, or constructability constraints that would be adverse to the function, access, or maintenance of the utility facility and not in the best interest of the public.&lt;br /&gt;
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====643.1.8.1.2 MoDOT Consideration of Variance Request====&lt;br /&gt;
The utility owner bears full responsibility for demonstrating to MoDOT’s satisfaction that the variance is the most appropriate way to serve the public interest. MoDOT may present to the utility owner and the utility owner must consider reasonable alternatives to the variance requested by the utility owner. In determining whether to grant a variance, district utilities staff will consider all relevant factors including, but not limited to: the requested variance is reasonably necessary for the convenience, safety, health, and/or welfare of the public; there is an exceptional or undue burden or hardship on the specific applicant; a physical impracticability that would result from the applicant’s adherence to the normal location requirements; and the requested variance will not impair the safe construction, maintenance, operation, and safety of public travel on the highway. District utilities staff may consult with the Design Liaison Engineer in evaluating variances.&lt;br /&gt;
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====643.1.8.1.3 Approval of Variances====&lt;br /&gt;
Once district utilities staff have agreed to accept a variance proposed by the utility owner, the [https://epg.modot.org/forms/general_files/DE/UtilityVarianceApprovalForm.docx Utility Variance Approval Form] and all supporting documentation is sent to the District Design Engineer (DDE) for approval. If a variance is on interstate right of way, the DDE-signed Variance Request Form and all supporting documentation is forwarded to the Design Liaison Engineer who will forward to FHWA for their concurrence.&lt;br /&gt;
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====643.1.8.1.4 Variance Appeal Informal Hearing====&lt;br /&gt;
If denied a variance, the utility owner has thirty (30) calendar days to request an informal hearing for the purpose of appealing the denial. Requests must be made in writing to the State Design Engineer, Missouri Department of Transportation, P.O. Box 270, Jefferson City, MO 65102. If the utility owner requests an informal hearing, MoDOT’s authorized representative will advise the applicant of the time, date, and place of the hearing. The hearing is not a contested case under RSMo 536. The rules of evidence will not apply at the hearing, and MoDOT’s decision after the conduct of the hearing is not subject to further appeal.&lt;br /&gt;
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==643.1.9 Excess Right of Way==&lt;br /&gt;
Prior to conveyance of excess right of way, the status of utility facilities within said parcel must be addressed. See [[236.5_Property_Management#236.5.12_Excess_Land_Conveyances_&amp;amp;_Relinquishments_–_Regulated_Utilities|EPG 236.5.12]].&lt;br /&gt;
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==643.1.10 Broadband==&lt;br /&gt;
Broadband development in the state of Missouri is handled by the Department of Economic Development (DED). MoDOT shares its approved Statewide Transportation Improvement Program (STIP) project list with DED. All MoDOT policies related to placement of utility facilities within Commission right of way as outlined in this EPG article 643.1 are to be followed.&lt;br /&gt;
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&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643.2 Utilities in Program Delivery &#039;&#039;PAGE TITLE&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt; &lt;br /&gt;
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==643.2.1 Introduction==&lt;br /&gt;
Improvements to the highway system often require negotiation between the Commission and a city, a county, or a public or private utility owner. The Commission’s district utilities staff is responsible for coordination of highway improvement projects with the utility owner’s representative. The impact to a utility, the responsibility for the cost of adjustments necessary to allow highway construction, the plan of adjustment of the utility, the responsibility of performance of work on utility facilities, and the schedule of the utility adjustment are all items that vary depending on the project and should be investigated and negotiated to ensure highway improvement projects are delivered on-time and on-budget. These should comply with Commission policy. A flowchart [link here] outlining all the utility adjustment processes (reimbursable and non-reimbursable relocations, Master Reimbursable Utility Agreements and Project Specific Agreements, etc.) are available in the list of figures at the top of the page. These processes will not always be in combination, but each should be considered with each project.&lt;br /&gt;
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The district utilities staff, in conjunction with the Transportation Project Manager (TPM), is expected to invite and encourage participation of utility owner representatives in MoDOT project meetings as needed.&lt;br /&gt;
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When a project involves utility adjustments for which the Commission is responsible for costs, the TPM should program the costs of the utility adjustments as non-contractual construction costs in the STIP Information Management System (SIMS).&lt;br /&gt;
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==643.2.2 Annual Utility Meeting==&lt;br /&gt;
Each district should hold an annual meeting with utilities to discuss current STIP projects in the district. The annual meeting should be held during each year&#039;s STIP preparations, ideally between January and May. All utility owners that have utility facilities in the district should be invited. The intent is to provide the utility owners with an idea of upcoming projects to allow them the opportunity to plan and budget for potential adjustments of their utility facilities, identify both MoDOT and utility roadblocks, and develop action plans to complete utility adjustments better, faster, and cheaper.&lt;br /&gt;
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==643.2.3 Determination of Existing Utilities==&lt;br /&gt;
District utilities staff should determine the appropriate level of effort needed to accurately identify existing utilities within the footprint of a proposed highway construction project. Aboveground utilities are easily identifiable via field checks; however, determination of the precise location of underground utilities can be more challenging and time consuming. Therefore, the district utilities staff should balance the risk of conflict with the highway construction project against the level of effort needed to determine the location.&lt;br /&gt;
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The level of effort on mapping utilities is dependent on the scope of the project and the potential for utilities having an impact on the construction of the project. The project schedule should include the time to complete this task accurately. The time and effort necessary for having accurate locates requires close interaction with the utility locators. Early contact with utility owner representatives may be necessary to accurately locate underground utility facilities.&lt;br /&gt;
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Various methods of determining existing underground utilities result in different levels of quality. ASCE Standard 38 Standard Guidance for Investigating and Documenting Existing Utilities classifies four levels of quality:&lt;br /&gt;
:1. Quality Level D: QL-D is the most basic level of information for utility locations. It comes solely from existing utility records or verbal recollections, both typically unreliable sources. It may provide an overall &amp;quot;feel&amp;quot; for the congestion of utilities but is often highly limited in terms of comprehensiveness and accuracy. QL-D is useful primarily for project planning and route selection activities.&amp;lt;br&amp;gt;&lt;br /&gt;
: Missouri 811 or “private-locate” markings are to be considered to be QL-D.&lt;br /&gt;
:2. Quality Level C: QL-C is probably the most used level of information. It involves surveying visible utility facilities (e.g., manholes, valve boxes, etc.) and correlating this information with existing utility records (QL-D information). When using this information, it is not unusual to find that many underground utilities have been either omitted or erroneously plotted. Therefore, its usefulness is primarily on rural projects where utilities are not prevalent or are not too expensive to repair or relocate.&lt;br /&gt;
:3. Quality Level B: QL-B involves the application of appropriate surface geophysical methods to determine the existence and horizontal position of virtually all utilities within the project limits. This activity is called &amp;quot;designating&amp;quot;. The information obtained in this manner is surveyed to project control. It addresses problems caused by inaccurate utility records, abandoned or unrecorded utility facilities, and lost references. The proper selection and application of surface geophysical techniques for achieving QL-B data is critical. Information provided by QL-B can enable the accomplishment of preliminary engineering goals. Decisions regarding location of storm drainage systems, footers, foundations, and other design features can be made to avoid conflicts with existing utilities. Slight adjustments in design can produce substantial cost savings by eliminating utility relocations.&lt;br /&gt;
:4. Quality Level A: QL-A, also known as &amp;quot;locating or potholing&amp;quot;, is the highest level of accuracy presently available and involves the full use of the subsurface utility engineering services. It provides information for the precise plan and profile mapping of underground utilities through the nondestructive exposure of underground utilities, and provides the type, size, condition, material, and other characteristics of underground features.&lt;br /&gt;
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For projects with scopes that have potential for utility conflicts, the minimum level of effort required is SUE Quality Level D. Locations of existing utilities are determined by requesting locates through Missouri 811, also known as the “One-Call” process. Missouri 811 locating requests should be carefully considered for the scope of work of the project. When necessary, the location of existing utilities should be established by a field survey of locate markings and features and shown on the roadway plans. Higher level SUE Quality Levels can be used on any project. Adjustment cost savings, whether to the MoDOT or to the utility owner, are beneficial to the taxpayer. Good SUE projects are typically urban in nature, or in congested areas, where the project footprint is to be minimized, or anytime accurate vertical and horizontal location of the utility facility might allow a design to avoid the utility facility thus preventing the need for the adjustment. The SUE process combines civil engineering, surveying, and geophysics. It utilizes several technologies, including vacuum excavation and surface geophysics.&lt;br /&gt;
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When proposed excavation or installation of subsurface features (drainage, equipment bases, etc.) falls within three feet (3’) of a marked Missouri 811 line, soft digging (hand digging, potholing, vacuum methods, pressurized air/water jetting, pneumatic hand tools, etc.) is required to more exactly locate the utility facility both horizontally and vertically. Utility facilities present within the right of way by permit, should be investigated by the utility owner. Utility facilities that would be reimbursable or partially reimbursable as defined in EP 643.2.8 will be investigated by MoDOT.&lt;br /&gt;
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==643.2.4 Conflict Determination==&lt;br /&gt;
Determination of whether a conflict exists between an existing utility facility and a proposed highway improvement project should occur at the earliest possible stage of project development. A conflict may be the result of the physical interaction between the roadway infrastructure and utility facility, a reduction in cover or increase in fill over underground utilities, a reduction in horizontal clearance whether above or below ground, a reduction in overhead vertical clearance, paving over utilities, or restricting a utility owner’s access to its utility facilities. District utilities staff should work with utilities to determine if a conflict exists and the appropriate plan of adjustment to remedy the conflict. The adjustment to the utility may be a relocation or another measure that protects the utility or access to the utility from the proposed highway improvement project. Determination of a conflict needs to be continually re-evaluated as the project design progresses. Continuing coordination is essential.&lt;br /&gt;
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==643.2.5 Utility Plan of Adjustment==&lt;br /&gt;
===643.2.5.1 Request for Plan of Adjustment===&lt;br /&gt;
District utilities staff will request a plan of adjustment from utility owners whose utility facilities are in conflict with a proposed highway project. The plan of adjustment may consist of efforts to relocate the utility or otherwise protect a utility from the impacts of the proposed highway project. Utilities are shown on the roadway plan and profiles sheets that are furnished to utility owners for use in planning required utility adjustments. Any other sheets such as drainage, traffic signal, lighting, or ITS plans that show impacts to a utility facility should also be provided to the utility owners. All adjustments, reimbursable or not, require a plan of adjustment furnished by the utility owner.&lt;br /&gt;
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A transmittal letter is included in the request for a plan of adjustment. The letter informs the utility owner that regardless of whether an adjustment is reimbursable, no physical adjusting or relocating of their utility facilities to accommodate the proposed highway improvement is to be performed without specific approval and authorization. Additionally, if any part of the adjustment has the potential to be reimbursable, they are advised:&lt;br /&gt;
# They may undertake preliminary engineering by their own forces upon approval by district utilities staff of the estimated costs of preliminary engineering.&lt;br /&gt;
# They may employ a consultant to do the PE work provided they request and obtain prior approval. See [[#643.2.6_Preliminary_Engineering_Requirements|EPG 643.2.6 Preliminary Engineering Requirements]].&lt;br /&gt;
# Any preliminary engineering costs accrued prior to the date of written authorization to proceed will not qualify for reimbursement.&lt;br /&gt;
# Replacement right of way or easements cannot be purchased without specific approval and authorization.&lt;br /&gt;
&lt;br /&gt;
===643.2.5.2 Proposed Plan of Adjustment===&lt;br /&gt;
Developing a plan of adjustment is a multi-step process. The utility owner will propose a conceptual approach to adjusting the utility facilities to allow highway construction. This conceptual approach is used as the basis for determining cost responsibility, estimate of costs for preliminary engineering and construction, developing the agreement if necessary, and final design of the adjustment. Negotiations between district utility staff and the utility owner’s representative can result in changes to the design throughout the process.&lt;br /&gt;
&lt;br /&gt;
Final plans of adjustment must contain a legend on the first sheet identifying the utility symbols used. They must also show the existing utility facilities and their disposition, the location of the new or adjusted utility facilities, the existing and new right of way lines, the limited or fully controlled access symbols (where applicable), the existing and proposed roadways, ramps, and outer roadways and any other pertinent roadway information. They must contain sufficient details concerning location, elevation, compaction, clean up, etc. to provide for the proper adjustment of the utility facility. Relocated and/or existing utility facilities that will remain in place must be dimensioned or indicated in a manner to show their location in respect to the right of way lines. It is preferred that the utility owner transmits the plan of adjustment by electronic deliverables in a format that can be incorporated into the roadway plans. This will reduce the time and effort necessary as well as increase the accuracy of transferring this information into the roadway plans.&lt;br /&gt;
&lt;br /&gt;
Plans of adjustment received from the utility owner are to be checked for compliance with MoDOT’s requirements ([[#643.1_Utilities_Location|EPG 643.1 Utility Location]]) by the district utilities staff. They are also checked to ensure compatibility with the roadway design. Any continuing conflicts are resolved through negotiations with the utility owner.&lt;br /&gt;
&lt;br /&gt;
Occasionally, it is impractical to perform a utility adjustment in accordance with MoDOT’s requirements. Sometimes the utility may request approval of a plan of adjustment that does not conform to these requirements. Deviation from MoDOT’s utility requirements is a variance. Refer to [[#643.1.8_Variances|643.1.8 Variance Process]] for additional guidance.&lt;br /&gt;
The final plan of adjustment is included as Exhibit “A” to the agreement ([[#643.2.12_Utility_Agreements|EPG 643.2.12 Agreements]]).&lt;br /&gt;
&lt;br /&gt;
==643.2.6 Preliminary Engineering Requirements==&lt;br /&gt;
Preliminary engineering (PE) can be performed one of four ways for utility adjustments:&lt;br /&gt;
# The utility owner can use its own engineering forces.&lt;br /&gt;
# MoDOT can select an engineering consultant, after consultation with the utility owner, and the consultant contract will be administered by MoDOT.&lt;br /&gt;
# The utility owner can select an engineering consultant, with approval by MoDOT, and the consultant contract will be administered by the utility owner.&lt;br /&gt;
# If a utility adjustment is being included in a MoDOT administered construction contract, the preliminary engineering of the adjustment can be provided by MoDOT.&lt;br /&gt;
&lt;br /&gt;
For reimbursable utility adjustments, the amount paid to engineers, architects, and others for required engineering and allied services can be included in reimbursement amount provided such amounts are not based on a percentage of the costs of the necessary adjustments to allow highway construction. Reimbursement is available for contracts executed after solicitation of a consultant for the specific adjustment or existing continuing contracts when it is demonstrated that such work is performed regularly for the utility owner in its own work and that the costs are reasonable.&lt;br /&gt;
&lt;br /&gt;
A [https://epg.modot.org/forms/general_files/DE/UtilityConsultantContractChecklist.docx checklist is available for reviewing consultant-engineering contracts] to ensure the contract conforms to MoDOT policy and complies with applicable federal regulations. District utilities staff should use the checklist to review contracts and may consult with Audits and Investigations Division as necessary. The procedures in 23 CFR part 172, Administration of Engineering and Design Related Service Contracts may be used as a guide for reviewing proposed consultant contracts. [[:LPA:136.4_Consultant_Selection_and_Consultant_Contract_Management|EPG 136.4 Consultant Selection and Consultant Contract Management]] may also be used as a guide.&lt;br /&gt;
&lt;br /&gt;
===643.2.6.1 Solicited Consultant Contracts===&lt;br /&gt;
If solicitation of PE services is required for reimbursable utility adjustments, the utility owner must provide the following documents and information to district utilities staff. These documents need to be provided as soon as the utility owner has chosen to solicit a consultant. Document 1 must be supplied by all utility owners. Documents 2 and 3 are only required when the utility owner is a local government agency who is also a political subdivision of the state of Missouri (e.g., city-owned utilities, county-owned utilities). All other utility owners are encouraged, but not required, to provide Documents 2 and 3:&lt;br /&gt;
# A statement that the utility owner is not staffed or able to perform the required PE services with its own forces.&lt;br /&gt;
# Provide the names of at least three (3) consultants considered.&lt;br /&gt;
# The criteria used to evaluate each consultant and reasons why the selected consultant was selected.&lt;br /&gt;
&lt;br /&gt;
The following documents need to be provided as soon as the utility owner has successfully negotiated and entered into a contract with the consultant:&lt;br /&gt;
# The name and address of the selected consultant.&lt;br /&gt;
# A statement that the &amp;quot;[https://epg.modot.org/forms/general_files/DE/CertificationOfConsultant.docx Certification of Consultant]&amp;quot; will be furnished immediately upon award of the contract to the consultant.&lt;br /&gt;
# One executed copy of the proposed engineering contract or agreement between the utility owner and consultant, only if the engineering will exceed $5,000.00.&lt;br /&gt;
# The consultant&#039;s fixed (lump sum) or estimated fee (actual cost) and the contract maximum.&lt;br /&gt;
# A cost summary providing a detailed breakdown of the basis for the consultant&#039;s compensation, including estimated labor hours, hourly rates for each classification, overhead rate (if used), the amount of profit charged, and any other estimated charges such as travel expenses, equipment rentals, etc. If an overhead rate is used, the consultant must also submit the supporting overhead rate calculations.&lt;br /&gt;
# An independent cost estimate of engineering services provided by the utility owner to use in comparison to the consultant’s proposed engineering services to check for cost reasonableness.&lt;br /&gt;
&lt;br /&gt;
===643.2.6.2 Continuing Consultant Contracts===&lt;br /&gt;
When a utility owner chooses to use an existing continuing contract for PE services, the utility owner must provide the following documents and information to the district utilities staff as soon as possible.&lt;br /&gt;
# A statement that the utility owner is not staffed or able to perform the engineering with its own forces.&lt;br /&gt;
# The name and address of the consultant under the existing continuing contract.&lt;br /&gt;
# A statement that the &amp;quot;[https://epg.modot.org/forms/general_files/DE/CertificationOfConsultant.docx Certification of Consultant&amp;quot;&amp;quot; will be furnished.&lt;br /&gt;
# A copy of the continuing contract to the district utilities staff. The district utilities staff will review the contract for reasonableness of cost.&lt;br /&gt;
# The consultant&#039;s fixed (lump sum) or estimated fee (actual cost) and the contract maximum for the work associated with the utility adjustment.&lt;br /&gt;
# A cost summary providing a detailed breakdown of the basis for the consultant&#039;s compensation, including estimated labor hours, hourly rates for each classification, overhead rate (if used), the amount of profit charged, and any other estimated charges such as travel expenses, telephone, etc. If an overhead rate is used, the consultant must also submit the supporting overhead rate calculations.&lt;br /&gt;
# An independent cost estimate of engineering services provided by the utility owner to use in comparison to the consultant’s proposed engineering services to check for cost reasonableness.&lt;br /&gt;
&lt;br /&gt;
===643.2.6.3 Consultant Contract Changes===&lt;br /&gt;
If a PE services contract between a utility owner and a consultant needs to be revised, a copy of the revised contract, fee, and schedule should be submitted by the utility owner to the district utilities staff prior to allowing for contract changes. District utilities staff should review the contract changes to ensure the revised contract conforms to MoDOT policy and complies with applicable federal regulations.&lt;br /&gt;
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==643.2.7 Environmental and Right of Way==&lt;br /&gt;
===643.2.7.1 Utilities and Environmental Clearances===&lt;br /&gt;
District utilities staff should coordinate with the TPM and utility owner’s representative to understand and communicate on known environmental and cultural constraints that could impact a utility owner’s plan of adjustment. This will allow the utility owner to consider permitting timelines and alternatives that avoid environmental or cultural resources to keep the project on schedule.&lt;br /&gt;
&lt;br /&gt;
One strategy to make project delivery more efficient and ensure regulatory compliance is for MoDOT to obtain the environmental and cultural resource permits and clearances for the utility owners associated with a roadway improvement while obtaining its own. This would generally only be for the permits and regulatory clearances MoDOT already needs to pursue as a part of the transportation improvement.&lt;br /&gt;
&lt;br /&gt;
District utilities staff should coordinate with the utility owner’s representative early in the project timeline to determine if it is in the best interest of both MoDOT and the utility owner to obtain permits and environmental clearances jointly. The following strategies can be utilized to determine if a joint approach to environmental work should be pursued:&lt;br /&gt;
* If utility facilities are moving to a location within or immediately adjacent to MoDOT right of way, a utility owner may be invited to participate in permitting and environmental compliance activities.&lt;br /&gt;
* If utilities move to a location not within or adjacent to MoDOT right of way, the utility company would not normally be invited to participate in permit applications and environmental compliance activities. However, some unique projects may necessitate further attention and should be discussed with the Design Liaison Engineer.&lt;br /&gt;
&lt;br /&gt;
If MoDOT and the utility owner agree to obtain joint permits and clearances, written communication between the utility owner’s representative and the district utilities staff should document the following items:&lt;br /&gt;
* List of the permits and clearances that MoDOT will acquire on behalf of the utility owner.&lt;br /&gt;
* List of the information needed from the utility owner in order for MoDOT to acquire the permits and clearances.&lt;br /&gt;
* Schedule and deadlines for submittal of the information by the utility owner. For example: utility plans, fill quantities, construction methods, dates, or seasons of construction.&lt;br /&gt;
&lt;br /&gt;
Permits and clearances that may be needed by both a utility owner and MoDOT include:&lt;br /&gt;
* [[127.7_Threatened_and_Endangered_Species|Endangered Species Act consultation and clearance]]&lt;br /&gt;
* [[127.2_Historic_Preservation_and_Cultural_Resources#127.2.1.1_Historic_Preservation_Regulations_and_Laws|Section 106 of the National Historic Preservation Act clearance]]&lt;br /&gt;
* [[127.10_Section_4(f)_Public_Lands|Section 4(f) clearance]]&lt;br /&gt;
* [[127.10_Section_4(f)_Public_Lands#127.10.1.4_Section_6(f)_Laws_and_Regulations|Section 6(f) of the Land and Water Conservation Fund Act clearance]]&lt;br /&gt;
* [[127.4_Wetlands_and_Streams|Section 401 and Section 404 of the Clean Water Act permits]]&lt;br /&gt;
* [[:Category:806_Pollution,_Erosion_and_Sediment_Control#806.1_Introduction_(see_Sec._806)|Section 402 of the Clean Water Act permit (State Operating Permit for Erosion Control)]]&lt;br /&gt;
* [[127.8_Hazardous_and_Solid_Waste|Recommendations on contaminated soil disposition]]&lt;br /&gt;
&lt;br /&gt;
===643.2.7.2 Right of Way Acquisition and Utilities===&lt;br /&gt;
The Commission is obligated to acquire the width of right of way required by the design of the highway improvement. For utility facilities currently located within the Commission’s right of way, this includes the necessary space for the utility facilities impacted by the design of the highway improvement. Either additional right of way width to accommodate a utility corridor or a utility easement can be obtained for the relocation of utility facilities. When drainage easements are acquired along a channel, additional space for utility facilities should be considered to avoid conflicts between the utility facility and the bridge or culvert.&lt;br /&gt;
&lt;br /&gt;
District utilities staff should inform the utility owner’s representative of the potential of a conflict between an existing utility facility and a proposed highway construction project early in the project development process to allow sufficient time for the utility owner to prepare a plan of adjustment and notify the district utilities staff of any easement needs. When utility facilities are located on a utility owner’s private easement, the utility owner may obtain its own new easements. If the utility owner is not in a position to negotiate for new easements or if the utility owner’s policies will not permit it to condemn property to obtain the easement, MoDOT can acquire the easement in the same manner roadway right of way is obtained. The district utilities staff should verify the utility owner is aware of the opportunity to have MoDOT acquire the easement, and the utility owner should provide written documentation on whether the utility owner would like to pursue this option with MoDOT.&lt;br /&gt;
&lt;br /&gt;
For situations where the utility owner will obtain its own replacement right of way and the cost of the adjustment is MoDOT’s responsibility, the utility right of way cost should be reviewed by the district right of way department to ensure the cost is reasonable and acquisition followed state and federal regulations. In order to expedite utility adjustments necessary to allow highway construction, the district utility staff may authorize the utility owner to obtain easements prior to all details of a plan of adjustment being developed. In this situation, the district utilities staff should ensure enough details are known to justify the needed right of way, and an agreement for right of way costs only should be executed with the utility owner.&lt;br /&gt;
&lt;br /&gt;
For situations where MoDOT will obtain the right of way necessary to allow highway construction, district utility staff should negotiate with the utility owner’s representative to ensure all necessary utility easements are shown on the approved right of way plans. The TPM should confirm with district utilities staff that the right of way plans accurately reflect the needs of the utility owners prior to requesting right of way plan approval. The district Right of Way Manager should confirm with district utilities staff before requesting an acquisition date (A-date). Every effort should be made to avoid adding utility easement requests once negotiations with property owners have begun.&lt;br /&gt;
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Occasionally, when negotiations cannot be completed for easements for the adjustment of utility facilities, it may be necessary to condemn for the property. District utilities staff should coordinate with the utility owner’s representative to ensure no alternate design for the adjustment of the utility facility is practical. The decision to condemn for easements for the adjustment of the utility facilities requires the exercise of good judgment in reaching the conclusion that further good faith negotiations are futile and condemnation is necessary to maintain the project in the scheduled letting. The TPM should coordinate with the district utilities staff and district Right of Way (RW) personnel on the condemnation proceedings.&lt;br /&gt;
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Easement and other right of way documents used with utility owners are handled in accordance with procedures established jointly with RW and district utilities staff. District survey staff prepare the land descriptions for use in utility easements. The district utilities staff is responsible for completion of the easements in the correct form and scope. A sketch delineating the area described is attached to the easement as Exhibit “A”. Communication with the Design Division will ensure use of proper forms, corporate names and locations, and particular wording required for joint ownerships. The description for a utility easement is to be referenced to the nearest land corner shown on the plans. Examples of easements can be found in the template list in [https://netprod3.dot.missouri/eAgreements/Search/QuickSearch eAgreements].&lt;br /&gt;
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In situations where MoDOT is acquiring right of way with existing utility easements, but the district utilities staff and the utility owner’s representative agree that the utility facility may remain in place, the utility owner will release the property to the Commission separate from the right of way acquisition. This is done by executing an Easement for Highway Construction (UT16). The utility owner grants and conveys, with warranty of title expressed or implied, to the Commission, the right to construct, reconstruct, and maintain a highway over and across that portion of the easement owned and held by the utility owner. In the future, the utility owner retains any reimbursable rights should future projects require adjustments to allow highway construction.&lt;br /&gt;
&lt;br /&gt;
==643.2.8 Cost Responsibility==&lt;br /&gt;
In addition to determining if a conflict exists between an existing utility facility and a highway improvement project, it is important to determine who is responsible for the costs of the necessary adjustments to allow highway construction. An adjustment for which the Commission is responsible for the costs is known as a reimbursable adjustment. An adjustment for which the Commission is not responsible for the costs is known as a non-reimbursable adjustment. An adjustment for which the Commission and the utility share responsibility for costs is known as a partially reimbursable adjustment. Adjustments determined to be reimbursable or partially reimbursable by the Commission are to be completed under the terms of an agreement executed between the utility owner and the Commission.&lt;br /&gt;
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===643.2.8.1 Commission Responsibility===&lt;br /&gt;
====643.2.8.1.1 Utility Facilities Located on Private Easements====&lt;br /&gt;
When the utility facility is located on a private easement within the new right of way to be acquired for a future project, the Commission is responsible for the cost of the necessary adjustments to allow highway construction. It may be possible that such easement does not have written easement rights. The Commission will honor this oral right provided acceptable documentation is provided by the utility owner to the district utilities staff. An [https://epg.modot.org/forms/general_files/DE/NonwrittenEasementRights_Example.docx example of acceptable documentation for not written easement rights] is available. Other forms of documentation will be considered on an individual basis.&lt;br /&gt;
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=====643.2.8.1.1.1 Future Moves=====&lt;br /&gt;
When the utility facility is located on a private easement, taken into the Commission’s right of way, the Commission may agree that any future moves of the same utility by Commission order may be made at the Commission’s cost. Documentation of this agreement is by an Easement for Highway Construction (UT16) agreement. If the Commission provides a substitute private easement, then the Commission will have future obligations consistent with the utility facility’s status in an easement.&lt;br /&gt;
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====643.2.8.1.2 Utility Facilities Located within Commission Right of Way====&lt;br /&gt;
When the utility facility is located within Commission right of way, but has prior land rights, the Commission is responsible for the cost of adjustments to allow highway construction. The utility owner is responsible for documenting to the satisfaction of the district utilities staff, the basis for the claim of prior land rights within Commission right of way. Time spent researching prior rights is considered coordination and is reimbursable.&lt;br /&gt;
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====643.2.8.1.3 City or County Utility Facilities on City or County Streets====&lt;br /&gt;
When roadway improvements are within the corporate limits of cities, towns, and villages, a municipal agreement is negotiated between the Commission and the municipality. Likewise, when roadway improvements are within the limits of a county and outside the municipal limits, a county agreement is negotiated between the Commission and the County Commission. Included in these agreements are provisions regarding reimbursement for adjusting city or county owned utility facilities. Reimbursement is provided for adjustment of city or county owned utility facilities that are now located on city or county streets and not on Commission right of way.&lt;br /&gt;
&lt;br /&gt;
====643.2.8.1.4 Lumen====&lt;br /&gt;
Lumen – National (formerly CenturyLink, Lightcore, or Digital Telephone, Inc. (DTI)) and the Commission have entered into a partnership agreement, “Amended and Restated Fiber Optic Cable on Freeways in Missouri,” executed June 5, 2003 which obligates the Commission to be responsible for the cost of the necessary adjustments to allow highway construction along the routes identified in the agreement. A copy of the agreement is available to district utilities staff.&lt;br /&gt;
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====643.2.8.1.5 Services to the Commission====&lt;br /&gt;
When a utility facility provides a service connection to local Commission facilities such as power to traffic signals, lighting, ITS, and cathodic protection and phone drops to traffic signal controllers or other Commission facilities, the Commission is responsible for the cost of the necessary adjustments to allow highway construction.&lt;br /&gt;
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====643.2.8.1.6 Private Service Lines====&lt;br /&gt;
While most utility owners reconnect the private service lines at no cost to the property owner, some do not. If a utility owner does not reconnect service lines, MoDOT can include adjustment of private service lines in roadway contracts. Bid items for relocating service connections are provided for the different types of anticipated adjustments.&lt;br /&gt;
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====643.2.8.1.7 Second Moves====&lt;br /&gt;
If the Commission requires additional work to a utility facility after the facility has been relocated or adjusted in accordance with a plan of adjustment approved by the Commission for a single project number, the Commission is responsible for the cost of the additional work regardless of whether the initial adjustment was Commission responsibility as outlined in other parts of [[643.2_Local_Utility_Adjustments_-_Public_and_Private#643.2.8.1_Federalizing_Funds_for_Preliminary_Engineering|643.2.8.1]].&lt;br /&gt;
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The purpose of the policy is to encourage utilities to relocate early rather than waiting until plans are published for bidding. The policy eliminates the utility having to relocate twice at its own expense because of late changes in the design. It is best to have utilities relocated prior to construction, and this policy helps achieve that goal. Therefore, it is imperative that the designer notifies district utilities staff as soon as possible of any changes made after these plans have been sent. If notified immediately, it may be possible to inform the utility owner prior to their final design thereby eliminating a second move.&lt;br /&gt;
&lt;br /&gt;
Under this policy, the following are not considered second moves. Temporary and staged relocations necessary to accommodate construction and agreed upon by the utility and the Commission prior to relocation are considered a single move and are not subject to the provisions of the second move policy. If the Commission requires adjustment of a utility facility for which the utility owner is responsible for the cost of the adjustment and was originally determined to not need adjustment, the utility owner is responsible for the cost of the adjustment. The utility owner is responsible for the cost of additional work to any portion of the utility facility after the utility facility has been adjusted in accordance with a plan of adjustment approved by the Commission if the additional work is required by the Commission due to error by the utility owner in preparation of plan of adjustment, field location of, or construction of the adjustment of the utility facility.&lt;br /&gt;
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When evaluating construction contract changes by change order or value engineering, the impacts of the second move policy should be considered.&lt;br /&gt;
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===643.2.8.2 Utility Owner Responsibility===&lt;br /&gt;
====643.2.8.2.1 Utility Facilities Owned and Operated by a Political Subdivision====&lt;br /&gt;
When a utility facility is located within Commission right of way, but does not have prior land rights, the utility owner is responsible for the cost of the necessary adjustments to allow highway construction. When a utility facility is located on public right of way other than Commission right of way, the utility owner is responsible for the cost of the necessary adjustments to allow highway construction.&lt;br /&gt;
&lt;br /&gt;
When a political subdivision must bear part or all the cost of adjustments to their utility facilities, and the cost creates a financial hardship, the Commission, by its authorized representative, the Chief Engineer, may temporarily assume these costs. A payback agreement with the political subdivision will include an applicable interest rate for a comparable maturity from a widely published index of tax-exempt municipal rates obtained from Financial Services. Payback time will not exceed five (5) years.&lt;br /&gt;
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====643.2.8.2.2 Utility Facilities Other Than Those Owned by a Political Subdivision====&lt;br /&gt;
When a utility facility is on the right of way of a public road or street or on state highway right of way without prior land rights and adjustment is necessary to allow for the construction of a roadway improvement, the utility owner is responsible for the cost of the necessary adjustments to allow highway construction.&lt;br /&gt;
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===643.2.8.3 Shared Responsibility===&lt;br /&gt;
When a utility facility is located such that portions of it are a Commission responsibility and portions of it are a utility owner responsibility by the definitions above, the costs of the necessary adjustments to allow highway construction will be split by the Commission and the utility owner. If the exact cost for each party can be determined, each party will be responsible for their portion of the cost of relocating the utility facility. If the exact cost for each party cannot be determined, the parties will arrive at a percentage reimbursement on an equitable basis.&lt;br /&gt;
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===643.2.8.4 Notice of Hearing===&lt;br /&gt;
When relocation or other difficulties with utility facilities on public right of way arise that prevent resolution by negotiation, formal hearings will be required.&lt;br /&gt;
&lt;br /&gt;
The district initiates a request for a utility relocation hearing with a letter to the Chief Counsel’s Office (CCO) (a copy is provided to the Design Division) requesting a hearing date. CCO will arrange for a hearing room, court reporter, etc. and advise the district of the hearing date.&lt;br /&gt;
&lt;br /&gt;
The district will prepare the notice of hearing by strictly following the given format and serve the notice on all persons and utility owners listed. The property and utility owner must be served only by personal service or by mailing a certified letter, return receipt requested, no later than 15 days before the date of hearing. This will require the district to make every effort to identify the correct property owner before preparing the notice of hearing. To avoid delays, every attempt will be made to issue the hearing notice at least 30 days prior to the hearing date in case any property has changed ownership and any additional property owners must be served. A notice of hearing on service line connections will also be served on the private or public owner of the main or distribution line to which the service lines are connected. A notarized &amp;quot;Report of Personal Service&amp;quot; will be completed when notification by certified mail is not used.&lt;br /&gt;
&lt;br /&gt;
One copy of the hearing notice and attachments, &amp;quot;Report of Personal Service&amp;quot; and certified mail notices are to be submitted to CCO after notification is complete.&lt;br /&gt;
&lt;br /&gt;
Prior to the hearing, the district&#039;s representative will become familiar with the details of the utility adjustment in order to provide concise testimony to expedite the hearing process. CCO will assign an attorney to work with the district and present the case.&lt;br /&gt;
&lt;br /&gt;
Refer to 7 CSR 10-3.030 020 Utility Relocation Hearings for additional information.&lt;br /&gt;
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A Waiver of Hearing should be obtained for non-reimbursable adjustments to document the commitment of the utility owner to adjust its utility facilities without adversely impacting the highway construction project. This may be accomplished informally via written communications between the district utilities staff and the utility owner’s representative. A [https://epg.modot.org/forms/general_files/DE/WaiverOfHearingForm.docx formal Waiver of Hearing statement] may be requested by either MoDOT or the utility owner. A [https://epg.modot.org/forms/general_files/DE/WaiverOfHearingLetter.docx sample transmittal letter for the Waiver of Hearing] is available. For reimbursable or partially reimbursable adjustments, the formal agreement serves as the basis of documentation of this commitment.&lt;br /&gt;
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==643.2.9 Estimates==&lt;br /&gt;
District utilities staff will negotiate with utility owners to determine reimbursable costs of the necessary adjustments to allow highway construction (EPG 643.2.8 Cost Responsibility). These estimates are prepared in accordance with the provisions of 23 CFR 645 and any amendment thereto. These estimates must reflect the same procedures and costs used by the utility owners in their normal operations and must also accurately represent the expected costs of the work. The utility owner’s estimate will be reviewed by the district utilities staff to ensure compliance with 23 CFR 645.&lt;br /&gt;
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===643.2.9.1 Independent Cost Estimate===&lt;br /&gt;
The independent cost estimate provides the basis for district utilities staff to review the utility owner’s estimate of costs of the necessary utility adjustments to allow highway construction and any subsequent negotiations with the utility owner. The district utilities staff should prepare an independent cost estimate. The independent cost estimate may be based on unit prices of anticipated items of work in a utility adjustment necessary to allow highway construction. The independent cost estimate alternately may be based on recent similar types of utility adjustments necessary to allow highway construction and scaled for size. Consultants can be used to develop the independent cost estimate. All documentation of the independent cost estimate should be placed in MoProjects.&lt;br /&gt;
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===643.2.9.2 Type of Project Cost Estimates===&lt;br /&gt;
Either Actual Cost or Lump Sum estimates may be used for estimating the costs on the necessary utility adjustments to allow highway construction. If an Actual Cost estimate is used, detailed records of materials, labor, and equipment are made by district utilities and/or construction staff during construction, and a final audit of the utility owner’s cost records is made to determine the Commission’s actual responsibility for costs of the adjustment completed to allow highway construction. If a Lump Sum estimate is used, a final audit of costs for an adjustment in payment is not required. The Actual Cost method requires more detailed record keeping and documentation by the utility owner and district staff during construction. The Lump Sum method requires more upfront detail and work by the utility owner and judgment on the district utilities staff on the acceptability of the cost. The district utilities staff will work with the utility owner’s representative to determine the best type of estimate and therefore agreement to use.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.2.1 Actual Cost Estimate====&lt;br /&gt;
The cost estimate that supports the actual cost agreement is prepared in sufficient detail to determine the reasonable expected cost of the work to support development of an agreement between the utility owner and the Commission. However, reimbursement is based on the actual costs of design and construction of the necessary adjustment to allow highway construction. The actual cost estimate should detail all costs of the necessary adjustment to allow highway construction, even if the Commission is only responsible for a portion of the costs as detailed in EPG 643.2.8.3 Shared Responsibility.&lt;br /&gt;
&lt;br /&gt;
Actual cost estimates can be used for any dollar amount of reimbursement.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.2.2 Lump Sum Estimates====&lt;br /&gt;
The cost estimate that supports the lump sum agreement must be accurate, comprehensive, verifiable, and in sufficient detail to present a clear picture of the work involved and the cost of the individual items. The estimate may cover only that portion of the adjustment for which the Commission is responsible for the costs of the necessary utility adjustments to allow highway construction.&lt;br /&gt;
Lump sum estimates are limited to a maximum of $200,000 of Commission responsibility of costs of the necessary utility adjustments to allow highway construction; however, exceptions may be made for special situations that have prior approval from Design Division. These exceptions usually cover major relocations for which the Commission&#039;s proportionate responsibility is extremely small.&lt;br /&gt;
&lt;br /&gt;
===643.2.9.3 Utility Cost Estimate Requirements===&lt;br /&gt;
Whether using an Actual Cost or Lump Sum estimate, the following should be included in the estimate, if applicable. If any of the following sections are not included in the estimate, a qualifying statement as to why the costs were not included should be provided.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.1 Scope of Work====&lt;br /&gt;
All estimates require a concise summary of the work to be performed on the estimate. An example is &amp;quot;an estimate of cost covering the work of relocating Company&#039;s 12-inch Cushing-Woodriver pipeline to accommodate construction of Route 47 in Franklin County on Job No. J6P0172&amp;quot;.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.2 Engineering Costs====&lt;br /&gt;
Costs of engineering, whether preliminary or construction, must be shown as separate items and are not to be included with &amp;quot;labor costs&amp;quot;. Concurrent cost accounting procedures of FHWA and MoDOT make this a necessity. See EPG 643.2.6 Preliminary Engineering and EPG 643.2.16.2 Construction Contract Requirements for further information.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.3 Right of Way Costs====&lt;br /&gt;
A detailed estimate of the cost to acquire replacement easements by the utility owner is required. The cost should be supported by a right of way plan.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.4 Material Costs====&lt;br /&gt;
Quantities, description of the item, the unit cost, and the extended totals are shown. Percentage computations will be shown immediately following &amp;quot;total cost&amp;quot; so the utility owner’s and Commission&#039;s cost obligations are properly indicated. Unit assembly costs similar to those used by several of the rural electric association (R.E.A.) cooperatives are acceptable, provided the same units and charges are used in the utility owner’s regular operations. A handling charge conforming with the utility owner’s regular procedures may also be included.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.5 Labor Costs====&lt;br /&gt;
Hours, individual or crew rates, and extended totals are shown. Payroll additives such as insurance, retirement, social security, vacation, and other benefits are shown as a separate item under this heading in accordance with utility owner’s regular procedures. Adequate explanation must be given for total percentage used, especially in those cases where materials and labor are combined as unit costs or where labor percentages include additives and equipment requirements.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.6 Equipment Costs====&lt;br /&gt;
A description of the equipment to be used must be shown jointly with the number of hours to be charged. Rates charged for equipment usage must be justified by the utility owner’s established accounting procedures. When the utility owner does not have an established accounting procedure or a capitalization and depreciation schedule that is used in its own operations, the rates are to be established by using rental rate publications as a guide. A reasonable amount will be deducted, when using rental rate schedules, for profit that the rental company realizes. A full explanation of the methods used in establishing the rates must also be submitted to support the utility owner’s request and with approval of the district utilities staff.&lt;br /&gt;
&lt;br /&gt;
Equipment may be rented when the utility owner’s equipment is not available or is inadequate, with the rental rate justified by appropriate solicitation of bids. See EPG 643.16.2 Construction Contract Requirements for further information.&lt;br /&gt;
&lt;br /&gt;
Unusual accounting procedures may be accepted with adequate prior explanations and approval of the Design Division.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.7 Removal Costs====&lt;br /&gt;
These costs are estimated and shown in a similar method but separately from installation costs. When removal costs exceed salvage credits by more than the estimated cost of removal by the roadway contractor, an effort should be made to persuade the utility owner to abandon the utility facilities in place. An exception is made when the utility owner is required to remove abandoned utility facilities because of liability, hazard, or by specific agreement with the Commission. Abandoned utility facilities can be included with the miscellaneous removals in the roadway contract. It may be possible for the utility owner to remove those portions of the utility facility for which credits will exceed removal costs, with the remainder of the utility facility to be abandoned for removal in the roadway contract. Materials removed must be itemized, with the utility owner’s customary salvage credit given. Items to be scrapped or junked should be indicated. Whenever a utility facility or portion thereof is shown to be abandoned on the plan of adjustment, the roadway plans should be notated accordingly. This eliminates ownership problems if these utility facilities are removed or salvaged by the roadway contractor.&lt;br /&gt;
&lt;br /&gt;
When the utility facility is no longer needed and removal is necessary to accommodate the roadway project, the removal of the item may be handled either as a right-of way-item or a utility adjustment. When handled as a right of way item, the damages allowed are to equal the depreciated value of the utility facility, with the necessary removals being accomplished by the roadway contractor. If accomplished as a utility adjustment, the Commission, by utility agreement, will reimburse the utility owner for removal costs and receive salvage credit for the material removed, up to but not exceeding removal costs.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.8 Salvage of Removed Materials====&lt;br /&gt;
This statement, to explain the salvage credit or lack of credit, will reflect routine utility owner policy as well as the particular situation. The utility owner will place a value on any recovered material for salvage. District utilities staff should check this value for reasonableness. Examples of salvage statements include:&lt;br /&gt;
* Existing utility facilities to be abandoned in place, since the cost of salvaging, based on our past experience, will exceed their value.&lt;br /&gt;
* Only those items will be salvaged for which salvage credit will exceed the cost of removal and salvage.&lt;br /&gt;
* Company liability requires removal of the retired utility facilities, even though the cost of removal will exceed allowable credit for salvage.&lt;br /&gt;
* Salvage credits are in accordance with established company accounting procedures.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.9 Accrued Depreciation Credits====&lt;br /&gt;
Credit is required for the accrued depreciation of a utility facility that is being replaced. Examples are a building, structure, pumping station, filtration plant, power plant, substation, or other similar operational unit. Credit for accrued depreciation will not be required for a segment of the utility&#039;s service, distribution, or transmission lines. It is also not required when the building or structure is being moved as necessitated by the highway project. Acceptable accrued depreciation credit will be determined by using the following formula:&lt;br /&gt;
&amp;lt;math&amp;gt;\frac{\text{Actual Length of Service of Replaced Facility (Years)}}{\text{Total Estimated Service Life of Replaced Facility (Years)}} x&amp;lt;/math&amp;gt;&amp;lt;span style=&amp;quot;font-family: &#039;Times New Roman&#039;, Times, serif; font-size: 130%;&amp;quot;&amp;gt; Original Cost ($) = Credit ($)&amp;lt;/span&amp;gt;&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.10 Betterment Credits====&lt;br /&gt;
Betterment means the upgrading of the utility facility being relocated, made solely for the benefit of and at the election of the utility owner and is not attributable to the roadway improvement. Credit to the Commission is required for the additional costs incurred for the betterments introduced in the adjusted utility facility. No betterment credit is required for additions or improvements which are:&lt;br /&gt;
* Required by the highway project&lt;br /&gt;
* Replacement devices or materials that are of equivalent standards although not identical&lt;br /&gt;
* Replacement of devices or materials no longer regularly manufactured with next highest grade or size&lt;br /&gt;
* Required by law under governmental and appropriate regulatory commission code&lt;br /&gt;
* Required by current design practices regularly followed by the utility owner in its own work, and there is a direct benefit to the highway project&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.11 Overhead Costs====&lt;br /&gt;
Overhead costs are usually a percentage of the total labor cost. This item must be in accordance with the utility owner’s established accounting procedures, which in some cases may include handling costs or be a percentage of the total cost of the work involved. Additional attention to overhead costs is required when the rate is different from previously accepted rates. Occasionally, it can be difficult to obtain the necessary information at the time of the estimate to approve the overhead rates. In this situation, the estimate can be approved with exception of the overhead rates for payment. The utility owner is informed of this matter with the understanding that the overhead rates could be approved and paid with submission of appropriate supporting data and Financial Services audit review.&lt;br /&gt;
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====643.2.9.3.12 Prorating Costs====&lt;br /&gt;
The need for prorating utility adjustment costs occurs when both the Commission and the utility owner are responsible for a portion of the utility adjustment necessary to allow for highway construction, and the actual costs for reimbursement in each category cannot be explicitly determined. Generally, the following conditions require division of costs:&lt;br /&gt;
* The adjustment is considered partially reimbursable per EPG 643.2.8.3&lt;br /&gt;
* Betterments are included in the necessary adjustment of the utility facility&lt;br /&gt;
&lt;br /&gt;
The district utilities staff should negotiate with the utility owner’s representative to determine an equitable basis for the prorating of costs based on the characteristics of the utility adjustment necessary to allow for highway construction.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.13 Costs Records====&lt;br /&gt;
The estimate should include a statement as to where the utility owner’s cost records may be reviewed. An example: &amp;quot;Company cost records will be available in our office at 2134 Industrial Avenue, Tulsa, Oklahoma&amp;quot;.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.14 Other====&lt;br /&gt;
Additional statements will explain or further clarify the work that is included. Such other items may include bypasses, special equipment, need for larger utility facilities, etc.&lt;br /&gt;
&lt;br /&gt;
==643.2.10 Schedule==&lt;br /&gt;
Timely adjustments of utility facilities are essential for efficient completion of highway construction projects. Ideally, all utility adjustments are completed prior to a project’s Plans, Specifications, and Estimate (PS&amp;amp;E) submittal to Central Office. Depending on the specifics of the highway construction and utility adjustment necessary, early completion of the utility adjustment may not be practical. The district utilities staff should negotiate with the utility owner to determine the schedule parameters necessary for the utility adjustment. At a minimum, the utility owner should document the dates it anticipates starting and completing the work. If a utility adjustment depends upon the completion of a portion of the highway construction, the necessary milestone for starting the utility adjustment should be documented along with an anticipated number of working days to complete the utility adjustment. The schedule is included as Exhibit “C” to the agreement.&lt;br /&gt;
&lt;br /&gt;
==643.2.11 Pre-Audits==&lt;br /&gt;
The district utility staff performs a pre-audit review and approval prior to preparation of the agreement. A pre-audit checklist should be completed and saved in MoProjects.&lt;br /&gt;
&lt;br /&gt;
==643.2.12 Utility Agreements==&lt;br /&gt;
Whenever the Commission is responsible for the cost of the necessary adjustments to allow highway construction, an agreement is required. If a Master Reimbursable Utility Agreement (see EPG 643.2.12.2) has not been executed with the utility owner, a Project Specific Agreement (see EPG 643.2.12.3) is executed between the utility owner and the Commission. In some cases, it may be more practical for the Commission to include adjustment of utilities into a Commission administered contract. A Utility Agreement - Actual Cost (For Utility Work That is to be Included in the Missouri Highways and Transportation Commission&#039;s Road Project) (see EPG 643.2.12.4). Agreements include a plan of adjustment (Exhibit “A”), cost estimate (Exhibit “B”), and schedule (Exhibit “C”).&lt;br /&gt;
&lt;br /&gt;
The Utility Agreement boilerplate forms have been approved by the Chief Counsel’s Office (CCO). They are identified in the upper left-hand corner of each agreement by an identifier such as CCO Form: UT01 for the Master Reimbursable Utility Agreement. CCO updates these agreements as necessary. They serve as a guide in the preparation of the agreement to be executed with the utility owner for the adjustments required to their utility facilities to accommodate the proposed roadway improvement project. District utilities staff should use the latest version of the agreement found in eAgreements in drafting an agreement with utility owners. A list of utility agreements and detailed information concerning the sequence for preparing and executing an agreement is available in EPG 153 Agreements and Contracts.&lt;br /&gt;
&lt;br /&gt;
These forms are to be used word for word. Revisions or additions are only made to address specific project details. The intent of each paragraph must be retained, although specific words may be revised to fit the particular situation. No paragraphs are deleted without prior approval from CCO. For guidance on acceptance of liability, refer to the Acceptance of Liability Policy at the CCO SharePoint page. Drafts of agreements having major revisions or complications are to be submitted, with supporting data, to Design Division for comment and approval.&lt;br /&gt;
&lt;br /&gt;
A reference to 23 CFR 645 is included in all agreements. Utility owners must be acquainted with these requirements and procedures. The incorporation of 23 CFR 645 by reference in all agreements eliminates the need for a second set of regulations to be included in the document.&lt;br /&gt;
&lt;br /&gt;
The agreement for the adjustment of a utility is prepared by the district utilities staff and submitted to the utility owner for execution. The agreement is based on the plan, estimate of cost which was prepared in accordance with 23 CFR 645, and schedule. Authorized individuals representing the utility owner will execute the agreement. The agreement must be signed, sealed, and if necessary, notarized by the utility owner. If the utility owner does not have or use a corporate seal, write &amp;quot;NO SEAL&amp;quot; under the signatures of the owner’s officers. Agreements with political subdivisions are to be supported by an appropriate ordinance, a copy of which is to be submitted with the executed agreements. All copies will be forwarded to the CCO for further handling. A fully executed copy of the agreement will be retained in eAgreements. If the agreement was executed using electronic signatures, the district utilities staff should forward an electronic copy of the fully executed agreement to the utility owner. If the agreement was executed using wet signatures, one (1) paper copy of the fully executed agreement will be returned by the Commission Secretary’s Office to the district utilities staff. The district utilities staff will forward this copy to the utility owner.&lt;br /&gt;
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===643.2.12.1 Buy America Build America Requirements===&lt;br /&gt;
All agreements contain information on Buy America Build America (BABA) compliance. The utility owner should select the method of certification (See EPG 643.2.19) at the time of agreement completion. The appropriate paragraph will be inserted into the agreement. All BABA compliance documents must be retained by the utility owner and made available upon request at no cost to the Commission and/or FHWA.&lt;br /&gt;
&lt;br /&gt;
====643.2.12.1.1 Utility Owner Self-Certification====&lt;br /&gt;
The City/Company certifies that when determining products/materials subject to Buy America Build America requirements to use in the performance of this Agreement, it shall use only such products/materials for which it has received a certification from its supplier, or provider of construction services that procures the product/material, certifying compliance with Buy America Build America requirements. This does not include products/materials for which waivers have been granted pursuant to 23 CFR 635.410. The City/Company will not be required to provide the Commission copies of the supplier certification as part of this Agreement or with the final invoice of said Commission’s Federal-Aid Highway Construction Project.&lt;br /&gt;
&lt;br /&gt;
====643.2.12.1.2 Vendor/Manufacturer Certification====&lt;br /&gt;
The City/Company certifies that when determining products/materials subject to Buy America Build America requirements to use in the performance of this Agreement, it shall use only such products/materials for which it has received a certification from its supplier, or provider of construction services that procures the product/material, certifying compliance with Buy America Build America requirements. This does not include products/materials for which waivers have been granted pursuant to 23 CFR 635.410. The City/Company shall provide to the Commission all Buy America compliance documents as outlined in the Commission’s Engineering Policy Guide 643. All required compliance documents shall accompany the final invoice submitted to the Commission.&lt;br /&gt;
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===643.2.12.2 Master Reimbursable Utility Agreements===&lt;br /&gt;
The UT01: Master Reimbursable Utility Agreement (MRUA) is a statewide agreement that has been executed by the utility owner and the Commission for all future reimbursable utility adjustments between both parties. Once a MRUA is executed, no other utility agreements are required on design-bid-build projects. The district utilities staff should encourage utility owners to enter into a MRUA with the Commission to reduce potential future delays in executing a project specific agreement. A list of previously executed Master Reimbursable Utility Agreements is available. District utilities staff should add newly executed agreements to this list. The MRUA can be employed as either an actual cost (EPG 6432.12.3.1) or lump sum (EPG 643.2.12.2.2) agreement. When the reimbursable adjustment will utilize a MRUA, the district utilities staff will prepare a MRUA correspondence letter (“letter agreement”) referencing the executed MRUA. A copy of the MRUA correspondence letter should be saved in MoProjects for reference by Financial Services, the district construction office, and the district staff responsible for inspection of utility adjustments. All project specific items such as type of agreement (actual cost or lump sum), plan of adjustment, estimated total cost, cost allocation, and schedule are addressed in the MRUA correspondence letter from the district utilities staff to the utility owner. A flowchart of the MRUA process is available.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.3 Project Specific Agreements===&lt;br /&gt;
If a utility owner does not have a MRUA with the Commission, a project specific agreement will be required for every project for which the Commission is responsible for the necessary adjustments to allow highway construction. The project specific agreement will be either an actual cost (EPG 643.2.12.3.1) or lump sum (EPG 643.2.12.3.2) agreement.&lt;br /&gt;
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====643.2.12.3.1 Actual Cost Agreements====&lt;br /&gt;
The UT03: Utility Agreement – Actual Cost is used when detailed estimates are not practical or costs appear to be questionable. Details on actual cost estimates can be found at EPG 643.2.9.2.1 Actual Cost Estimates. Once the final invoice on a UT03 is submitted to Financial Services, district utilities staff should change the status on the agreement in eAgreements to completed.&lt;br /&gt;
&lt;br /&gt;
====643.2.12.3.2 Lump Sum Agreements====&lt;br /&gt;
The UT02: Utility Agreement – Lump Sum eliminates the need for keeping detailed records of cost and the auditing of cost records. Estimates of cost must be prepared in detail for use of this agreement. When detailed estimates are not practical or costs appear unreasonable, actual cost agreements are to be used. Use of special forms of agreements, such as &amp;quot;subordination agreements&amp;quot;, which are desired by certain utility owners, is acceptable. These, too, must be revised to cover the particular situation. Details on lump sum estimates can be found at EPG 643.2.9.2.2 Lump Sum Estimates. Once the final invoice on a UT02 is submitted to Financial Services, district utilities staff should change the status on the agreement in eAgreements to “completed”.&lt;br /&gt;
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===643.2.12.4 Agreement for Utility Work Included in Roadway Improvement Project===&lt;br /&gt;
The UT04: Utility Agreement - Actual Cost (For Utility Work That is to be Included in the Missouri Highways and Transportation Commission&#039;s Road Project) allows for the adjustment to be based on actual cost with the roadway contractor performing the utility work. Caution should be exercised in the type of utilities to be relocated in roadway contracts. Utilities recommended are waterlines and sewer lines. Other utilities, such as gas lines, communication lines, and power lines are to be studied thoroughly before being included in the project.&lt;br /&gt;
&lt;br /&gt;
The Transportation Project Manager and district utilities staff must plan ahead to get this work in the roadway contract. The utility owner must agree to include the utility adjustment in the roadway contract. The adjustment may be on highway right of way or on private easement in the name of the utility owner. The utility owner can agree to allow MoDOT’s contractor to work in its easement. However, district utilities staff in consultation with district right of way staff should review the easement documentation to verify the utility owner’s rights to the easement and any limitations on its use. MoDOT’s contractor can work and operate on both Commission right of way and on the utility easement, even when not directly connected to the Commission right of way, as part of the job site. Temporary construction easements may be necessary in addition to the utility easement to ensure adequate working room for the contractor.&lt;br /&gt;
&lt;br /&gt;
:The utility owner may request exemption to any liability for negligence of our contractor working on their easement. The Commission can assume that liability (refer to Acceptance of Liability Policy), but it should be included in the utility agreement if so desired by the utility owner. A Job Special Provision is necessary to require the MoDOT contractor to hold the utility harmless from all claims due to contractor negligence.&lt;br /&gt;
&lt;br /&gt;
Subsurface information, i.e. boring data, etc., should be obtained by the utility owner since it may be needed for the design of the utility adjustment. This information should be included in the plans. If the utility owner must bear all or part of the cost of the adjustment, the utility owner must agree to pay a pre-deposit to the Commission prior to opening bids on the project. This should be in the utility agreement. The pre-deposit will be credited to the &amp;quot;Missouri Highway and Transportation Commission - Local Fund.&amp;quot; Any interest earned in the fund will apply to the cost of the adjustments. The utility agreement will include language that the utility will inspect the installation and assume maintenance of the utility facility after construction. MoDOT will also provide engineering supervision to be sure the road contractor is in compliance with the contract. Utility plans and specifications are to be approved by the owner prior to submittal to the Central Office. The following items will provide minimum information to allow MoDOT’s contractor to bid the work.&lt;br /&gt;
# Individual bid items (not &amp;quot;lump sum&amp;quot;) should be established to promote better bidding and to handle overruns and underruns. Bid items not included on the Computer Stored Bid Item list should be &amp;quot;99&amp;quot; numbers.&lt;br /&gt;
# he bid package must be in our letting format. If the package was prepared by a consultant as if the utility owner were going to let it, all bid bond or bidding procedures must be screened to remove requirements contrary to MoDOT letting requirements. District utilities staff should work with the Transportation Project Manager, Design Liaison Engineer, and Central Office Bidding and Contract Services to ensure this requirement is met.&lt;br /&gt;
# The specifications required by the utility owner should be reviewed for items that could cause a bid problem for our contractor. Items such as non-readily available materials or sizes should be avoided.&lt;br /&gt;
# Utility plan sheets should be .pdf files equivalent to 22 in. x 34 in. It is helpful to have a quantity sheet specifically for utility items.&lt;br /&gt;
# Any special procedures required for the utility installation should be included in the Job Special Provisions.&lt;br /&gt;
# The utility package should be submitted on-time to Central Office with other project plans.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.5 Agreement for a Utility Only Project===&lt;br /&gt;
Any of the above agreements can be modified for a utility only project separate from the roadway project. The utility only project may be done by forces hired by the utility owner or by the Commission. A separate utility only project has distinct advantages when the following occurs:&lt;br /&gt;
* The utility work is extensive&lt;br /&gt;
* It must be performed in accordance with the utility owner’s seasonal requirements&lt;br /&gt;
* It extends beyond the limits of the construction project&lt;br /&gt;
* It must be performed considerably in advance of the roadway contract&lt;br /&gt;
&lt;br /&gt;
Necessary environmental and design work is still required for the limits of the separate utility only project. It may be necessary in these cases to have a second agreement with the utility owner to cover any other work that must be performed concurrently with the roadway contract. These latter agreements will use the roadway construction job number. Early need for utility projects is to be determined at the time when the STIP is updated each year. The utility construction funds will be shown in the year right of way funds are assigned. This will be done whenever possible to secure early adjustment of utility facilities. A request by the district is sent to the Planning Division. Estimated dollar amounts for utility adjustments are needed. These are estimates and do not need to be extremely accurate. When a special utility project is established, it is preferred, if at all possible, to include all the utility adjustments necessary for the entire roadway project. If funds are available, additional agreements can be added to this utility project until the final invoice for the first completed agreement is received for payment.&lt;br /&gt;
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===643.2.12.6 Supplemental Agreements===&lt;br /&gt;
For utility owners with a UT01 agreement, a supplemental letter agreement documenting the change in the scope or cost of the work is acceptable.&lt;br /&gt;
&lt;br /&gt;
The UT05: First Supplemental Agreement is used to document changes to UT02 and UT03 agreements. If changes to the scope of work occur that are anticipated to exceed $100,000 or 15% of the original agreement, a UT05 is required. If the final invoice on an actual cost adjustment without changes in the scope of work exceeds the limits shown in the table below, a UT05 is required.&lt;br /&gt;
&lt;br /&gt;
{| class=&amp;quot;wikitable&amp;quot; style=&amp;quot;margin-left: 25px; text-align:center&amp;quot;&lt;br /&gt;
! Amount in Original Actual Agreement !! Final Bill Total Exceeds Original Amount by:&lt;br /&gt;
|-&lt;br /&gt;
| 0-$25,000 || 50%&lt;br /&gt;
|-&lt;br /&gt;
| $25,000-$100,000 || 40%&lt;br /&gt;
|-	&lt;br /&gt;
| Exceeds $100,000 || 30%&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
Should multiple UT05s be required with the same utility owner, the UT05 should be modified for additional supplemental agreements. Once the final invoice on an UT05 is submitted to Financial Services, district utilities staff should change the status on the agreement in eAgreements to “completed”.&lt;br /&gt;
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==643.2.13 Utility Adjustments in Roadway Plans and Job Special Provisions (JSPs)==&lt;br /&gt;
It is the responsibility of the MoDOT Transportation Project Manager (TPM) to ensure utility plans of adjustment are shown on the project plans at the Plan, Specification, and Estimate (PS&amp;amp;E) stage based upon information coordinated by the district utilities staff with the appropriate utility owner.&lt;br /&gt;
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===643.2.13.1 Plans===&lt;br /&gt;
A legend showing all applicable utility symbols and the names of the utility owners is shown on the first special utility sheet. In the absence of special utility sheets, this information may be shown on the title sheet or the first plan and profile sheet. The following note is required to be placed on the title sheet or the first plan and profile sheet and the first special utility sheet (if used) to inform contractors of the suitability of the utility information contained on the plans.&lt;br /&gt;
&lt;br /&gt;
&amp;quot;The existence and approximate location of utility facilities known to exist, as shown on the plans, are based on the best information available to the Commission at this time. This information is provided by the Commission &amp;quot;as-is&amp;quot; and the Commission expressly disclaims any representation or warranty as to the completeness, accuracy, or suitability of the information for any use. Reliance upon this information is done at the risk and peril of the user, and the Commission shall not be liable for any damages that may arise from any error in the information&amp;quot;.&lt;br /&gt;
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===643.2.13.2 Job Special Provisions===&lt;br /&gt;
Since the addition of utility information on the plans, supplied by a third party, could subject the Missouri Highway and Transportation Commission to additional liability, a Utility JSP reflecting the status of utility adjustments will be required. The JSP will include the name, address, e-mail address, and telephone number of all utility owner representatives for all utility facilities located on the project. The anticipated adjustment completion date for each utility adjustment is also to be shown based on the agreed upon dates, durations, or completion dates with the utility owner’s representative. This information will inform the bidder of the status of utilities for proper work coordination that could affect the bids for the proposed highway construction project. Status notations will include general notations such as: “N/A”, “Work is in progress”, “Work has not started”, “Work is complete”, and “Work is included in contract.”&lt;br /&gt;
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===643.2.13.3 PS&amp;amp;E Submittal===&lt;br /&gt;
In the District Final Plans Submittal Checklist (D-12), the TPM should note any issues related to existing utility facilities or the adjustment of utility facilities either shown or not shown on the plans. Projects with “No Utility Impacts” such as some overlays, striping, bridge washing, etc. do not need a Utility Status Letter or Utility JSP. The D-12 is used for these projects. In the D-12, under Project Details – “Utilities”, the note “NO” is selected and under “Status”, select “Clear”. For all other projects, the district utilities staff will write a Utility Status Letter. The TPM will include the Utility Status Letter with the submittal of the final plans to the Design Division. The Utility Status will be defined as:&lt;br /&gt;
# Utility facilities are present, but no conflict is anticipated with the highway construction project. Or,&lt;br /&gt;
# All utility facilities requiring adjustment to allow highway construction have been physically adjusted on the project. Or,&lt;br /&gt;
# Utility construction work is planned or active and will be completed to such a point that no impact will be expected to the highway construction project. The status of this work is defined in the utility JSP. Or,&lt;br /&gt;
# Utility facilities are not expected to be adjusted by the notice to proceed date for the road project, but the utility work will have no impact on the progress of the highway construction project. The status of this work is defined in the utility JSP. Or,&lt;br /&gt;
# Utility facilities must be adjusted after the road contractor completes stage construction or in coordination with the contractors’ work. Details of the coordination effort required of the contractor are defined in the utility JSP to properly advise bidders. Or,&lt;br /&gt;
&lt;br /&gt;
# Utility adjustment plans and specifications are included in the bid documents for the highway construction project. A UT04 agreement must be executed.&lt;br /&gt;
&lt;br /&gt;
==643.2.14 Payment to Utility Companies for Reimbursable Work==&lt;br /&gt;
Authorization and federal funding obligation must be approved prior to incurring costs. This applies to all types of work on utility facilities including preliminary engineering. An obligation is a commitment by the federal government to reimburse MoDOT for the federal share of a project’s eligible cost.&lt;br /&gt;
&lt;br /&gt;
===643.2.14.1 Obligation Process===&lt;br /&gt;
Federal funding can be used with both lump sum and actual cost agreements. After the utility agreement is fully executed, the district utilities staff will email a copy of the utility agreement or the letter agreement referencing the MRUA to the email group OBLIGATE. This email should request the authorization authority for use of federal funds and to be informed of a Notice to Proceed (NTP) (see EPG 643.2.15) date by Financial Services once federal funding has been obligated. District utilities staff should allow three (3) weeks to receive the NTP. Financial Services will use Advance Construction (AC) funding to fund reimbursement to utility owners. With AC funding, state funds initially are used to pay for reimbursement to utility owners. Once construction is complete, with appropriate documentation of the work via the C-9 and C-13, Financial Services will convert to federal funding.&lt;br /&gt;
&lt;br /&gt;
===643.2.14.2 Preliminary Engineering===&lt;br /&gt;
On occasion, preliminary engineering (PE) may need to be undertaken by the utility owner prior to the execution of a utility agreement. If a utility owner has a MRUA, an estimate of the cost of the PE work by the utility owner may be used to obligate funding for preliminary engineering under the MRUA as a PE only letter agreement. If a lump sum or actual cost agreement will be required with the utility owner for the project, district utilities staff should do two (2) agreements with one agreement covering PE only, and once a design for the adjustment is obtained, a second agreement for the construction of the adjustment should be executed. If a separate PE only agreement is obtained, NTP will need to be issued twice to the utility owner: once for PE and once for construction.&lt;br /&gt;
&lt;br /&gt;
===643.2.14.3 Right of Way===&lt;br /&gt;
Once Notice to Proceed has been given, the utility owner may begin the right of way acquisition process. If the utility owner needs to acquire right of way prior to a full agreement for relocation has been negotiated, the agreement specifically for the acquisition of right of way should be executed. This agreement will be sent to Financial Services to begin the obligation process.&lt;br /&gt;
&lt;br /&gt;
===643.2.14.4 Construction===&lt;br /&gt;
Payment to utility owners for construction of the adjustment may occur in a number of phases.&lt;br /&gt;
&lt;br /&gt;
====643.2.14.4.1 Prepayment====&lt;br /&gt;
Per the utility agreement, the Commission allows utility owners to be prepaid prior to commencing work. The district utilities staff may negotiate the prepayment if the utility owner is receptive. The utility owner will submit a request for prepayment with an invoice prior to any prepayment. Route, county, and job number must be included in the request. The district utilities staff will submit a request to Financial Services with a copy saved in MoProjects for future reference by the district staff responsible for inspection of the utility adjustment.&lt;br /&gt;
&lt;br /&gt;
====643.2.14.4.2 Progress Payments====&lt;br /&gt;
If a utility owner has not been prepaid the entire estimated amount in the utility agreement, then the utility owner may request progress payments after completing a portion of the proposed work, including PE.&lt;br /&gt;
&lt;br /&gt;
Progress payments for PE by consultants should not exceed the &amp;quot;maximum not to exceed amount&amp;quot; shown in the cost estimate unless additional costs are approved first by district utilities staff.&lt;br /&gt;
&lt;br /&gt;
For progress payments, the utility owner is required to submit only a summary of work and materials for which payment is claimed, not a detailed billing. District utilities staff should check only to be sure that sufficient work has been done to justify making the requested payment. Payment should be made for allowable costs incurred up to the date of the progress payment request.&lt;br /&gt;
&lt;br /&gt;
Progress payment invoices do not relieve the utility owner of the responsibility of submitting one complete and final invoice upon completion of the adjustment. The utility owner’s address must be shown on the invoice. The district utilities staff should submit progress payment invoices and applicable C-9s to Financial Services within one (1) week of receipt of invoice.&lt;br /&gt;
&lt;br /&gt;
One copy of the progress payment and one copy of the district utilities staff letter of recommendation must be sent to Financial Services for payment and be stored in MoProjects. The cover memo should include the project number, route, county, actual cost or lump sum utility agreement, Commission obligation percentage, total cost estimate of Commission obligation, and indicate the progress payment number, i.e., progress payment number 1, 2, 3, etc. If more than one progress payment is requested by the utility company, the district should submit progress payment bills to Financial Services in the following format:&lt;br /&gt;
{| class=&amp;quot;wikitable&amp;quot; style=&amp;quot;margin-left: 25px; text-align:center&amp;quot;&lt;br /&gt;
! Payment !! Amount&lt;br /&gt;
|-&lt;br /&gt;
| Progress Payment #1 || $50,000&lt;br /&gt;
|-&lt;br /&gt;
| Progress Payment #2 || 10,000&lt;br /&gt;
|-	&lt;br /&gt;
| Total Payment to Date || $60,000&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
This format will help clarify payment history with the utility owner. Progress payments for actual cost utility agreements may not exceed the Commission&#039;s total estimated cost shown in the agreement. However, if the request for a progress payment exceeds the original estimate, a change order with explanation should accompany the request. (See EPG 641.2.16.5 Change Orders.)&lt;br /&gt;
&lt;br /&gt;
====643.2.14.4.3 Final Payment====&lt;br /&gt;
Utility owners are required to submit a detailed final invoice to MoDOT for all actual cost reimbursable utility work and for any lump sum reimbursable utility work that was not prepaid. For prepaid lump agreements, the utility owner must submit a zero-dollar ($0) invoice to demonstrate the work has been completed. After the utility work has been fully completed, the district utilities staff responsible for inspection should send the utility owner a “60 Day” Final Acceptance Letter requesting a complete final invoice within 60 days, as detailed in the utility agreement. If the final invoice is not received from the utility owner within 30 days, then a follow up letter should be sent (i.e., “30 Day” Reminder Final Invoice Letter) reminding the utility owner of its obligation to submit a final invoice within 60 days of the completed work. If a final invoice from the utility owner is not received within this timeframe, then the district utilities staff should contact the Design Liaison Engineer for guidance on how to close out the work.&lt;br /&gt;
&lt;br /&gt;
The district utilities staff is expected to check the final bill within two (2) weeks after receipt in as much detail as possible against the C-9. It is their responsibility to verify from field records the quantities of labor, equipment, material used, material retired, and to justify all changes made. If the utility owner’s contractor made the adjustment at unit cost prices, then it is the district utility staff’s responsibility to verify the number of units completed and not the hours of labor and equipment. It is also important for the utility owner to show the words “final bill” or “final invoice” on the last bill, in order for MoDOT to understand that no additional charges will be made on the adjustment. The final bill must show a general description of the utility adjustment, the highway project number, the date on which work was completed or last item of billed expense was incurred, and the location where records can be audited. The order of items in the final statement should follow as closely as possible the order of items in the original estimate. A summary, on the utility owner’s letterhead, of the total cost of preliminary engineering, construction engineering, right of way, labor, overhead, construction travel expense, transportation, equipment, materials, supply, handling, and salvage credits should be shown in a way that will permit direct comparison with the approved estimate from the original or supplemental agreements (see EPG 643.2.12.6).&lt;br /&gt;
&lt;br /&gt;
If the Actual Cost final invoice shows a much higher cost than the original estimate without scope change, the utility owner is required to give reasons in a letter to the district utilities staff explaining why the invoice cost increased. When the Actual Cost final invoice exceeds the amount shown in the table in EPG 643.2.12.6, a supplemental agreement is required.&lt;br /&gt;
&lt;br /&gt;
When the district utilities staff has determined that the final invoice is accurate, the C-13 should be completed. Once the C-13 is completed, the C-13 and the final invoice from the utility owner are forward to Financial Services. For Actual Cost agreements, the C-9s should also be included in this transmittal. If no additional payments are required, the district utilities staff should note this in the transmittal as well. If the final invoice indicates previous payments to a utility owner exceeded the final invoice, the utility owner will need to send MoDOT a check for the overpayment amount. The check should be made payable to Director of Revenue – Credit State Road Fund. If the utility owner did not send MoDOT an overpayment check with the final invoice, district utilities staff should send a letter to the utility owner requesting the refund amount. Submittal of the final invoice to Financial Services should not occur until repayment has been received. The submittal to Financial Services should note the receipt of the repayment check.&lt;br /&gt;
&lt;br /&gt;
==643.2.15 Notice to Proceed==&lt;br /&gt;
For PE only, once an agreement has been executed, and Financial Services has advised that authorization from FHWA has been received, district utilities staff will issue a notice to proceed (NTP) letter to the utility owner for the PE. For agreements that include PE and construction or once a final agreement for construction has been executed, right of way clearance has been issued, and Financial Services has advised that authorization from FHWA has been received, the district utilities staff will issue NTP to the utility owner for construction. See Example of Notice to Proceed Letter. If salvage credit is part of the agreement with the utility owner, the NTP letter should include a statement that the utility owner will need to inform district utilities staff of the time and place that inspection may be made of the removed material. The utility owner may be held accountable for full value of materials disposed without proper notice. Utility owners may purchase materials prior to NTP for construction; however, no other work on the adjustment necessary to allow highway construction may begin prior to NTP for construction. The utility owner, for reasons of planning their workload or due to seasonal situations, may request early authorization to perform the work. This request, with the district utilities staff recommendations, is sent to the Design Liaison Engineer for further handling, approval, and advancement of the necessary funds. A copy of the NTP should be saved in MoProjects. If a utility owner begins adjustments prior to NTP for construction, district utilities staff should notify the utility owner immediately in writing that reimbursement will not be made for work done prior to NTP for construction.&lt;br /&gt;
&lt;br /&gt;
==643.2.16 Construction of Utility Adjustments==&lt;br /&gt;
===643.2.16.1 Utility Owner Self-Perform===&lt;br /&gt;
As per 23 CFR 645.115 Construction, it may be cost-effective for certain utility adjustments to be performed by a utility owner with its own internal forces and equipment, provided the utility owner is qualified to perform the work in a satisfactory manner. This cost-effectiveness finding covers minor work on the utility owner’s existing utility facilities routinely performed by the utility owner with its own forces.&lt;br /&gt;
&lt;br /&gt;
===643.2.16.2 Construction Contract Requirements===&lt;br /&gt;
When the utility owner is not adequately staffed and equipped to perform such work with its own forces and equipment at a time convenient to coordination with the associated highway construction, such work may be done one of four ways for utility adjustments:&lt;br /&gt;
# MoDOT can provide the construction services, via awarded contract to the lowest qualified bidder based on appropriate solicitation. This can be done by including the adjustment work in the roadway improvement project (EPG 643.2.12.4 Utility Agreement for Utility Work Included in Roadway Improvement Project) or by having a utility only project (EPG 643.2.12.5 Utility Only Project).&lt;br /&gt;
# The utility owner can award a construction contract to the lowest qualified bidder based on appropriate solicitation.&lt;br /&gt;
# The utility owner can utilize an existing continuing contract, provided the costs are reasonable (see EPG 643.2.9.1 Independent Cost Estimate).&lt;br /&gt;
# The utility owner can contract for low-cost incidental work, such as tree trimming and the like, without competitive bidding, provided the costs are reasonable (see EPG 643.2.9.1 Independent Cost Estimate).&lt;br /&gt;
&lt;br /&gt;
When a utility owner chooses option 2 to award its own new construction contract, the utility owner must provide the following documents and information to the district utilities staff. These documents need to be provided as soon as the utility owner has chosen to pursue a construction contract. Document 1 must be supplied by all utility owners. Documents 2 and 3 are only required when the utility owner is a local government agency who is also a political subdivision of the state of Missouri (e.g., city-owned utilities, county-owned utilities). All other utility owners are encouraged, but not required, to provide Documents 2 and 3.&lt;br /&gt;
# A statement that the utility owner is not staffed or able to perform the required construction activities with its own forces.&lt;br /&gt;
# A copy of the request for proposal used to secure bids.&lt;br /&gt;
# A list of a minimum of 3 bidders whom they believe can do the work. &#039;&#039;&#039;Political subdivisions are required to advertise for the work&#039;&#039;&#039;.&lt;br /&gt;
# Upon review of these documents, the district utilities staff will advise the utility owner to proceed with the solicitation of bids, but the utility owner will not be permitted to award the contract without the concurrence of district utilities staff. For lump sum agreements, approval of contract work and subcontract work is not required.&lt;br /&gt;
&lt;br /&gt;
The following documents need to be provided as soon as the utility owner has determined the lowest qualified contractor and would like to award the project. Document 1 must be supplied by all utility owners. Document 2 is only required when the utility owner is a local government agency who is also a political subdivision of the state of Missouri (e.g., city-owned utilities, county-owned utilities). All other utility owners are encouraged, but not required, to provide Document 2.&lt;br /&gt;
# The name address of the lowest qualified contractor.&lt;br /&gt;
# The tabulation of bids received and other information to support their recommendation for award to the lowest qualified bidder.&lt;br /&gt;
&lt;br /&gt;
The district utilities staff will review and approve the utility owner&#039;s bid information prior to the award of the contract. The Design Liaison Engineer is available to assist the district with review of bid information if necessary. Once the district utilities staff provides concurrence, the utility owner may proceed with awarding the contract. When the utility owner is a local government agency who is also a political subdivision of the state of Missouri (e.g., city-owned utilities, county-owned utilities), a copy of the executed contract must be shared with the district utilities staff. All other utility owners are encouraged, but not required, to provide a copy of the executed contract.&lt;br /&gt;
&lt;br /&gt;
A checklist is available for reviewing contracts to ensure the contract conforms to MoDOT policy and complies with applicable federal regulations.&lt;br /&gt;
&lt;br /&gt;
When a utility owner chooses to utilize a an existing continuing contract, the utility owner will submit a copy of the contract to the district utilities staff. The district utilities staff will review the contract for reasonableness of cost. If district utilities staff and the utility owner’s representative cannot agree on the reasonableness of cost, then the utility owner will be required to award a new construction contract.&lt;br /&gt;
&lt;br /&gt;
===643.2.16.3 Inspection===&lt;br /&gt;
The degree of inspection needed for utility adjustments will vary considerably with the nature and location of the work and whether the Commission is responsible for any portion of the cost of reimbursement. Judgment must be used regarding the manner and regularity of inspection duties. Some phases of the work require a very close check to ensure that the highway will not be adversely affected and to ensure satisfactory performance of work in accordance with the agreement and plans. The degree of inspection may vary from spot checking of overhead installations to continuous close observation of backfilling trenches beneath proposed pavement, embankment area, or adjacent to bridge abutments. Proper inspection can ensure that the utility adjustment is completed as efficiently as possible to minimize future impacts to the utility facility and the highway construction project. A [https://epg.modot.org/forms/general_files/DE/UtilityFieldInspectionChecklist.docx Field Inspection Checklist] to assist district utilities staff responsible for inspection is available.&lt;br /&gt;
&lt;br /&gt;
If it is found that any actual cost reimbursable utility adjustment is being performed by unapproved contractors, district utilities staff should direct the work to stop. The utility owner’s representative should be informed immediately and should be advised in writing that the costs incurred by an unapproved contractor are not eligible for reimbursement under provisions of the agreement. The district utilities staff can take appropriate steps to approve a subcontract and advise when the utility owner can recommence work.&lt;br /&gt;
&lt;br /&gt;
===643.2.16.4 Documentation===&lt;br /&gt;
All documents related to the construction of the utility adjustment necessary to allow highway construction should be stored in MoProjects.&lt;br /&gt;
&lt;br /&gt;
Construction records must be kept to confirm that work is done in accordance with the terms of the agreement and in the manner proposed in the plans. The importance of a complete and accurate record cannot be overemphasized. Detailed records are necessary to support the recommendation for payment of the final invoice. A complete, separate daily record must be kept on each actual cost adjustment and submitted for review when the final invoice is recommended for payment. This district utilities staff responsible for inspection should complete the Daily Utility Report (C-9).&lt;br /&gt;
&lt;br /&gt;
====643.2.16.4.1 Utility Reports====&lt;br /&gt;
The Daily Utility Report ([https://epg.modot.org/forms/general_files/DE/C-9.docx Form C-9]) and the Final Utility Report ([https://epg.modot.org/forms/general_files/DE/C-13.docx Form C-13]) are used for documenting utility adjustments necessary to allow highway construction. The use of C-9s and C-13s will vary with method of reimbursement. For utility adjustments necessary to allow highway construction that overlap with the highway contractor’s work, progress records should be kept as necessary to coordinate the highway and utility construction activities. Sufficient records must be maintained to check and verify the items of labor, equipment, materials, and salvaged items as submitted on the final invoice.&lt;br /&gt;
&lt;br /&gt;
=====643.2.16.4.1.1 Daily Utility Report (C-9)=====&lt;br /&gt;
C-9s are only required for actual cost agreements. The district utilities staff responsible for inspection must in all cases keep records to document inclement weather, down time, and verbal authorization for minor changes. The district utilities staff responsible for inspection must complete a C-9 documenting the number and classification of employees and number of hours worked. Records of material used and of retired materials returned to stock or scrapped must be kept. The utility owner’s major items of equipment must also be recorded. When work is done by the contract method based on unit prices, the district utilities staff responsible for inspection should ascertain that units of work as provided in the bid proposal are measured and recorded to form a basis for checking the final invoice. C-9s should list the location and the number of units of work accomplished for that period. If contract labor or equipment is used by a utility owner on the basis of a bid per hour, per day, etc., it will be necessary to keep records on this labor or equipment time in the same manner as if the utility owner were performing the work with its own internal forces. District utilities staff responsible for inspection should also note all contractors working for the utility owner and the contractor approval authorization dates given in the agreement.&lt;br /&gt;
&lt;br /&gt;
=====643.2.16.4.1.2 Final Utility Report (C-13)=====&lt;br /&gt;
C-13s summarize that the utility adjustment work that was done in accordance with the agreement and plans, the percentage of total cost that is the responsibility of the Commission, and any progress payments that have been made. A C-13 is required for both actual cost and lump sum agreements. The requested numbers shown on line 9 (Commission Estimated Cost) and line 10 (Amount of Final Bill) in the report are the Commission’s total responsibility.&lt;br /&gt;
&lt;br /&gt;
====643.2.16.4.2 Breakdown and Emergency====&lt;br /&gt;
When breakdown and emergency situations occur, prior approval by MoDOT is not required for contract or equipment rental work unless the cost or period of time will be extensive. The utility owner should furnish a letter as soon as possible to explain the situation and set out the estimated costs involved. The district utilities staff’s records should substantiate the need and the changes for personnel and equipment.&lt;br /&gt;
&lt;br /&gt;
====643.2.16.4.3 Stop Work====&lt;br /&gt;
If at any point, a stop work order is given by MoDOT to a utility owner, written documentation of the stop work order should be saved in MoProjects.&lt;br /&gt;
&lt;br /&gt;
===643.2.16.5 Change Orders===&lt;br /&gt;
Any change in the plan of adjustment should be documented in writing to the utility owner as a change order. If the change order is anticipated to exceed $100,000 or 15% of the original agreement amount, district utilities staff should negotiate a supplemental agreement with the utility owner’s representative. Once a supplemental agreement is in place, district utilities staff should contact Financial Services to obtain an adjustment of the obligation mid-project. Change orders without supplemental agreements will be settled once the project is complete.&lt;br /&gt;
&lt;br /&gt;
====643.2.16.5.1 Actual Cost Agreement====&lt;br /&gt;
Slight modifications in quantities or the addition of minor items not included with the original agreement do not require a supplemental agreement. However, such changes should be documented in writing with the utility owner. A supplemental agreement is needed if costs exceed the above threshold or if there is a change in the percentage of cost that is the Commission’s responsibility on an agreement with shared responsibility for costs. Intermediate partial payments cannot be made on items in a supplemental agreement until the supplemental agreement is approved.&lt;br /&gt;
&lt;br /&gt;
====643.2.16.5.2 Lump Sum Agreement====&lt;br /&gt;
A supplemental agreement to a Lump Sum Agreement is only required for significant changes in the scope of work of the utility adjustment necessary to allow highway construction. Normal overruns are not considered as changes in approved work and will not be reimbursed. Significant changes in the scope of work on utility adjustments necessary to allow highway construction cannot be done until the supplemental agreement is approved, and the adjustment in obligation of funds is complete.&lt;br /&gt;
&lt;br /&gt;
==643.2.17 Utilities during Highway Construction==&lt;br /&gt;
The contractor is responsible for having utilities located by contacting Missouri One-Call (811) prior to any excavation on the project. A reminder of this responsibility should be made at the preconstruction meeting.&lt;br /&gt;
&lt;br /&gt;
===643.2.17.1 Preconstruction Meeting (Pre-Con)===&lt;br /&gt;
District utilities staff should be invited to all pre-cons.&lt;br /&gt;
&lt;br /&gt;
Pre-cons fall into three categories relating to utilities:&lt;br /&gt;
# No utility adjustments are anticipated within the project limits,&lt;br /&gt;
# All utility adjustments completed prior to the pre-con, and&lt;br /&gt;
# All utility adjustments not completed prior to the pre-con.&lt;br /&gt;
&lt;br /&gt;
====643.2.17.1.1 No Utility Adjustments Anticipated within the Project Limits====&lt;br /&gt;
For projects without a Utility Job Special Provision (JSP), no involvement of the utility owners is required at the pre-con. For projects with a Utility JSP, the Resident Engineer (RE) should invite all utility owner representatives listed in the JSP with known required adjustment to the pre-con. The RE should review potential impacts of the highway construction project with the contractor and the utility owner.&lt;br /&gt;
&lt;br /&gt;
====643.2.17.1.2 All Utility Adjustments Completed Prior to the Pre-Con====&lt;br /&gt;
The RE should invite all utility owner representatives listed in the JSP with known required adjustment to the pre-con. The RE should review potential impacts of the highway construction project with the contractor and the utility owner. A general discussion should highlight the previous adjustments made by the utility owner and what abandoned utility facilities the contractor may encounter.&lt;br /&gt;
&lt;br /&gt;
====643.2.17.1.3 All Utility Adjustments Not Completed Prior to the Pre-Con====&lt;br /&gt;
It is important for the RE and inspector to understand the utility owner’s work schedule and how it relates to the contractor’s work schedule. During the pre-con, the schedule of the utility owner and highway construction contractor should be discussed, and conflicts should be addressed to allow utility adjustments and highway construction to progress as near to the proposed schedule as possible. On large-scale projects that have many utility issues to address that could impact the work of the highway construction contractor, it may be necessary to have a separate pre-con with utility owner representatives.&lt;br /&gt;
&lt;br /&gt;
===643.2.17.2 Coordination Meetings===&lt;br /&gt;
When the utility work will not be completed soon after the preconstruction meeting, the RE should meet with district utilities staff, the highway construction contractor, and the utility owner representatives on a regular basis to discuss utility coordination issues, so expectations from all parties are known and conveyed clearly. The utility owner may need some work performed by MoDOT or the highway construction contractor prior to completing their adjustments. (Examples include: survey staking of right of way or proposed facilities, trees cleared, grading performed, or new structures built).&lt;br /&gt;
&lt;br /&gt;
==643.2.18 Service Drops==&lt;br /&gt;
Power and communication services provided by utility owners are necessary for the operation of the highway system. These services may include power to traffic signals, lighting, or ITS devices; power for cathodic protection; or telecommunication services to signal controllers or ITS devices. The project design teams should work with district utilities staff to identify proper locations for the applicable utility owners to provide these services. Various utility owners have different requirements for this process. The district utilities staff is encouraged to develop a workable relationship with the utility owners who provide these services to MoDOT. The costs of installing the services charged by the utility owner are considered a non-contractual item and should be accounted for in the project’s budget in the STIP. The proposed location and method for the service drops should be shown on the roadway plans. District utilities staff should meet with the utility owner’s representative to ensure the proposed location can be accommodated by the utility owner. For electrical service connections, the power supply assembly is ideally located a maximum of ten feet (10’) from the source location. Plans submitted for PS&amp;amp;E should reflect the agreed upon location for all service connections. During construction, district utilities staff and district construction staff should work together to ensure the placement of the services is consistent with the project plans. Payment for the service drops should be invoiced by the utility owner to the district. District utilities staff is responsible for submission of the invoice directly to Financial Services for payment noting the non-contractual charges for the project.&lt;br /&gt;
&lt;br /&gt;
==643.2.19 Buy America Build America for Utilities==&lt;br /&gt;
FHWA’s Buy America Build America (BABA) policies require a domestic manufacturing process for all steel or iron products, other construction materials, and manufactured products that are permanently incorporated into Federal-Aid Highway construction projects, including products and materials used for adjustments to utility facilities to allow highway construction. These guidelines are for all federally reimbursable transportation projects where FHWA is the lead federal agency; it does not take precedence over projects where Federal Transit Administration or the Federal Railroad Administration is deemed the be the lead federal agency.&lt;br /&gt;
&lt;br /&gt;
===643.2.19.1 Program Requirements for Utilities===&lt;br /&gt;
All MoDOT projects are federal-aid projects, and therefore, all reimbursable utility adjustments are required to follow the provisions of BABA. More information on MoDOT’s BABA policy and procedures can be found in [[106.9_Buy_America_Requirement|EPG 106.9 Buy America Requirement]]. Specifically, utility owners should be aware of the following procedures for determining applicability of the EPG 106.9 requirements to reimbursable utility adjustments necessary to allow highway construction:&lt;br /&gt;
* BABA does not apply when materials are relocated from one location to another within the project limits.&lt;br /&gt;
* BABA does not apply for materials necessary for temporary utility adjustments assuming materials are removed from the right of way upon completion of the utility adjustment to allow highway construction.&lt;br /&gt;
* Non-reimbursable work must be kept separate from reimbursable work (agreements, permits, etc.) in order to not be subject to BABA.&lt;br /&gt;
&lt;br /&gt;
===643.2.19.2 Certification Requirements for Utilities===&lt;br /&gt;
Utility owners have the option of choosing either to self-certify BABA compliance or provide vendor/manufacturer certification to MoDOT. The method of certification is chosen by the utility owner and is documented in either the MRUA or the project specific agreement. Regardless of agreement type or certification method, the utility owner must be compliant with BABA requirements.&lt;br /&gt;
&lt;br /&gt;
====643.2.19.2.1 BABA Utility Owner Self-Certification====&lt;br /&gt;
If a utility owner chooses to self-certify BABA compliance, the utility owner is not required to provide MoDOT copies of the supplier certification as part of the project documentation or with the final invoice for any reimbursable utility adjustment necessary to allow highway construction. Retention of all documents should be as described in the agreement.&lt;br /&gt;
&lt;br /&gt;
====643.2.19.2.2 BABA Vendor/Manufacturer Certification====&lt;br /&gt;
If a utility owner chooses to use vendor/manufacturer certification, the utility owner will supply MoDOT BABA compliance from all vendors and/or manufacturers. Certification from vendors will be signed by an authorized representative of the vendor on company letterhead or other acceptable documentation and will declare that all supplied materials subject to BABA requirements are fully compliant. Certification from iron or steel manufacturers must be in the form of a mill test report (MTF) issued and signed by the initial fabricator stating the materials subject to BABA were melted and manufactured in the United States. Other written statements on company letter or other acceptable documentation signed by an authorized representative of the manufacturer for any additional treatment to the fabricated material (such as blasting, galvanizing, painting, or coating) will state that all treatment processes occurred in the United States according to FWA guidelines. Retention of all documents should be as described in the agreement. Manufacturer certification for manufactured products or construction materials will state that all materials were sourced from the United States and were fabricated in the United States. Retention of all documents should be as described in the agreement.&lt;br /&gt;
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&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643.3 Reserved for Future Use &#039;&#039;PAGE TITLE&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;&lt;br /&gt;
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&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643.4 Railroads (NO CHANGE) &#039;&#039;PAGE TITLE&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;&lt;br /&gt;
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==236.5.12 Excess Land Conveyances &amp;amp; Relinquishments - Utilities==&lt;br /&gt;
All conveyances and relinquishments of Commission-owned property shall be evaluated for the existence of any utility facilities located within the areas to be conveyed or relinquished. A conveyance or relinquishment of Commission-owned property may have implications to the utility facilities, and the utility owners, when the Commission no longer controls the property. It is important to maintain the continuity of utility facilities for the general public; therefore, to identify and minimize potential impacts, MoDOT shall involve utility owners in the conveyance and relinquishment processes.&lt;br /&gt;
&lt;br /&gt;
===236.5.12.1 Excess Land Conveyances Utilities===&lt;br /&gt;
MoDOT shall only recommend that a property be declared excess upon satisfactorily addressing the utility impacts. Whether MoDOT or an external party initiates the conveyance of excess property, utility impacts shall be adequately addressed by using one of the following methods: &lt;br /&gt;
:1. Each utility facility will be relocated by permit into a new utility corridor retained by the Commission.&lt;br /&gt;
:2. Each utility facility will remain in place with the benefit of a non-exclusive permanent utility easement.&lt;br /&gt;
::&#039;&#039;If the Commission holds fee simple title to the property, the Commission shall convey a non-exclusive permanent utility easement to each utility owner&#039;&#039;.&lt;br /&gt;
::&#039;&#039;If the Commission holds a less than fee simple title interest in the property, MoDOT shall facilitate the conveyance of a non-exclusive permanent utility easement from the party acquiring the property to each utility owner&#039;&#039;.&lt;br /&gt;
:3. Each utility facility will be relocated to another portion of the property being conveyed.&lt;br /&gt;
::&#039;&#039;If the Commission holds fee simple title to the property, the Commission shall convey a non-exclusive permanent utility easement to each utility owner&#039;&#039;. &lt;br /&gt;
::&#039;&#039;If the Commission holds a less than fee simple title interest in the property, MoDOT shall facilitate the conveyance of a non-exclusive permanent utility easement from the party acquiring the property to each utility owner&#039;&#039;.&lt;br /&gt;
:4. Each utility facility will be relocated onto a portion of the property already owned by the party acquiring the Commission-owned property, with the benefit of a non-exclusive permanent easement. (MoDOT shall facilitate the conveyance of a non-exclusive permanent utility easement from the party acquiring the property to each utility owner.)&lt;br /&gt;
:5. A three-party negotiated settlement taking into consideration the overall value of the proposed transaction.&lt;br /&gt;
:6. Additional options to address utility impacts may be utilized with approval from the Asst. to the State Design Engineer - Right of Way.&lt;br /&gt;
&lt;br /&gt;
===236.5.12.2 Road Relinquishment Utilities===&lt;br /&gt;
MoDOT shall only recommend the relinquishment of roadways through the [[236.14 Change in Route Status Report|Change in Route Status Report]] upon satisfactorily addressing the impacts to utility facilities. If the roadway will be relinquished to a local public transportation authority, with the intent that it continues to be used as a public roadway, a clause similar to the following shall be included in the deed from the Commission to the local public transportation authority:&lt;br /&gt;
:&#039;&#039;&amp;quot;Grantee, by acceptance of this conveyance, covenants and agrees for itself, its successors and assigns, to allow known or unknown utility facilities currently located on the property, whether of record or not, to remain on the property, and to grant the current and subsequent owners of those facilities the right to maintain, construct and reconstruct the facilities and their appurtenances over, under, and across the land herein conveyed, along with the right of ingress and egress across the land herein conveyed to and from those utilities.&amp;quot;&#039;&#039; &lt;br /&gt;
&lt;br /&gt;
Proposed roadway relinquishments to private entities shall be reviewed in a manner consistent with the conveyance of excess property described in [[236.5 Property Management#236.5.3 Asset Management Committee|EPG 236.5.3 Asset Management Committee]].&lt;/div&gt;</summary>
		<author><name>Hoskir</name></author>
	</entry>
	<entry>
		<id>https://epg.modot.org/index.php?title=User:Hoskir/Revision_Request_4225&amp;diff=58860</id>
		<title>User:Hoskir/Revision Request 4225</title>
		<link rel="alternate" type="text/html" href="https://epg.modot.org/index.php?title=User:Hoskir/Revision_Request_4225&amp;diff=58860"/>
		<updated>2026-06-18T19:01:11Z</updated>

		<summary type="html">&lt;p&gt;Hoskir: /* 643.2.8.1.7 Second Moves */&lt;/p&gt;
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&lt;div&gt;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643 Utility Procedures  &#039;&#039;CATEGORY&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt; &lt;br /&gt;
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| &#039;&#039;&#039;&amp;lt;center&amp;gt;&amp;lt;u&amp;gt;Additional Resources&amp;lt;/u&amp;gt;&amp;lt;/center&amp;gt;&#039;&#039;&#039;&lt;br /&gt;
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| ● [https://www.ecfr.gov/current/title-23/chapter-I/subchapter-G/part-64523 CFR 645]&lt;br /&gt;
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| ● [https://www.sos.mo.gov/cmsimages/adrules/csr/current/7csr/7c10-3.pdf7 CSR 10-30]&lt;br /&gt;
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&#039;&#039;&#039;Utility Accommodation Policy:&#039;&#039;&#039; State DOTs are required to develop policies and procedures pertaining to the use, accommodation, and/or relocation of public and private utility facilities on highway rights-of way using Federal-aid highway funds. State DOTs are required to develop, maintain, and obtain FHWA approval of their Utility Accommodation Policy (UAP) (23 CFR section 645.215). This EPG article 643 and subarticles 643.1 through 643.3 are Missouri Department of Transportation (MoDOT)’s Utility Accommodation Policy. Text in EPG 643 consolidates various federal and state statutes and rules into a single, cohesive, workable policy to outline processes for MoDOT staff and utility owners.&lt;br /&gt;
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&#039;&#039;&#039;Delegation of Work:&#039;&#039;&#039; Each MoDOT district is responsible for ensuring implementation of the UAP outlined in the subsequent EPG articles. Each district can create its own organization for whom is responsible for the work including between divisions and job titles. Work responsibilities within this article and subarticles are generic where possible. If a specific title is included, that title has sole responsibility for that item of work.&lt;br /&gt;
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&#039;&#039;&#039;643 documents not being used&#039;&#039;&#039;&lt;br /&gt;
[[media:144 Major Highway System 2022.pdf|major routes]]&lt;br /&gt;
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&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643.1 Utility Location  &#039;&#039;PAGE TITLE&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt; &lt;br /&gt;
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The information in this article provides a uniform system for regulating the location, construction, maintenance, removal, and relocation of utility facilities on the right of way of roadways located on the state highway system. It also provides for the facilitation of construction and maintenance of these roadways. Any location or relocation of utility facilities contrary to this information is an interference with the construction, maintenance, or operation of a state highway and its right of way and is prohibited.&lt;br /&gt;
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==643.1.1 Permits==&lt;br /&gt;
All utility owners are required to obtain a permit to work on Missouri Highway and Transportation Commission (Commission) right of way. A permit is required for original installation of the utility facility, on-going maintenance of the utility facility, or adjustments to a utility facility necessary to allow highway construction. Per [[127.29_Stormwater#127.29.4.3_MCM_3:_Illicit_Discharge_Detection_and_Elimination_(IDDE)_Program|EPG 127.29.4.3]], discharges of anything other than stormwater are not permitted. A deposit or bond is required to ensure completion of the work in accordance with the permit issued. An [https://www.modot.org/permits application for a permit] may be made on established forms specifically stating the nature of the work to be performed. Applications for permits may be obtained at any of the [https://www.modot.mo.gov/ seven (7) district highway offices] of the Commission, [https://www.modot.mo.gov/ MoDOT&#039;s website], or by requesting it from the office of the Missouri Highways and Transportation Commission in Jefferson City, Missouri. The application for a permit will specifically state the nature of the work to be performed, what specific type of utility facility is to be installed, and, if necessary, the timeframe of any temporary use. Piping of any type of sewage or waste will only be allowed providing any permitting by a regulatory agency, such as Missouri Department of Natural Resources, can be provided. Prior to obtaining a permit through MoDOT’s permit system, a utility owner will be required to provide a bond to ensure satisfactory work and complete a TR50 Electronic Signature Agreement with the Commission. The name of the utility owner must match on the bond, TR50, and in the permit system. More information on permitting can be found in [[:Category:941_Permits_and_Access_Requests|EPG 941]].&lt;br /&gt;
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===643.1.1.1 Emergency Work===&lt;br /&gt;
When emergency operations work is necessary, the damaged utility facility may be accessed immediately and without a permit by leaving the pavement at such points as may be necessary to effect emergency repairs, provided immediate notice is given to the Missouri State Highway Patrol and the district utilities staff for the district wherein the work will be performed, and a permit for emergency operations is requested immediately upon discovery of the need for emergency operations. A permit for emergency operations work is to be obtained as soon as practical, but in no event later than two (2) working days after the emergency operations work has commenced. Emergency operations include, but are not limited to, unplanned work in response to utility facilities being so damaged as to constitute an emergency situation directly affecting or endangering traffic on the highway or public health or safety.&lt;br /&gt;
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===643.1.1.2 Third-Party Inspection===&lt;br /&gt;
When a utility owner has a large number of projects in a given area or projects involving great complexity, MoDOT reserves the right to limit the number of permits open at any given time. With approval of the district utilities staff, a utility owner may hire a third-party inspector, at their cost. The third-party inspector will allow the utility owner to increase the number of permits open at any given time. The responsibility of the third-party inspector will be to ensure the installation of the utility facility proceeds in a manner consistent with the plans approved in the permit, including all work zone requirements and conformity with MoDOT’s Standards and Specifications. The MoDOT approved third-party inspector will be listed in the permit. MoDOT may audit third-party inspections and revoke the right to use third-party inspections should the inspectors fail to perform their duties.&lt;br /&gt;
&lt;br /&gt;
===643.1.1.3 Abandoned Utility Facilities===&lt;br /&gt;
All utility facilities installed in Commission right of way are the property of the utility owner whether the utility facility is active or inactive. MoDOT may allow a utility facility to remain on Commission right of way whether the utility facility was abandoned for a MoDOT project or at the utility owner’s discretion. MoDOT may place requirements (such as removing inactive fiber optic cables, grouting pipes, removing valves) on the utility owner as part of the process of abandoning a utility facility. Liability for damage to Commission right of way due to an abandoned facility remains the responsibility of the utility owner. In the event MoDOT requires the removal of the abandoned utility facility, responsibility for the cost of the removal will be determined per [[643.2_Local_Utility_Adjustments_-_Public_and_Private#643.2.8_Preliminary_Engineering_(PE)_Requirements|EPG 643.2.8]].&lt;br /&gt;
&lt;br /&gt;
==643.1.2 Definitions==&lt;br /&gt;
&#039;&#039;&#039;Bridge Attachment:&#039;&#039;&#039; A bridge attachment is any utility facility, including communication lines and electrical lines, or any other utility facility of a similar nature that is fastened to a bridge for the purpose of spanning an obstacle.&lt;br /&gt;
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&#039;&#039;&#039;Clear zone:&#039;&#039;&#039; The total roadside border area starting at the edge of the traveled way, available for safe use by errant vehicles. This area may consist of a shoulder, a recoverable slope, a non-recoverable slope, and/or the area at the toe of a non-recoverable slope available for safe use by an errant vehicle. Clear zone dimensions are provided in the current edition of American Association of State Highway Transportation Officials Roadside Design Guide.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Ditch Line:&#039;&#039;&#039; A line where the roadway ditch meets the back slope. It is located at the lowest point of a V-bottom ditch or furthest point from the roadway of a flat bottom ditch where the roadway slopes back to the existing ground line.&lt;br /&gt;
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&#039;&#039;&#039;Duct:&#039;&#039;&#039; An enclosed tubular casing, or raceway, for protecting wires, lines, or cables that is often flexible or semi-rigid (1-3% diametric deflection). The casing, or raceway, is separate from the cable or conductor that passes through it.&lt;br /&gt;
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&#039;&#039;&#039;Encasement:&#039;&#039;&#039; The term encasement means the placing of an installation around and outside of an underground facility consisting of a larger conduit that permits the removal and replacement of the facility. An alternate to the conduit type encasement is reinforced concrete poured around the utility facility. Utility owners are allowed to use any types of material as a carrier and encasement for its facilities as expressly provided for in the permit issued for the installation of the utility facility.&lt;br /&gt;
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&#039;&#039;&#039;Freeway:&#039;&#039;&#039; A divided arterial highway with full control of access.&lt;br /&gt;
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&#039;&#039;&#039;Highway:&#039;&#039;&#039; Any public way for vehicular travel, including the entire area within the right of way and related facilities constructed or improved and maintained by the Missouri Highways and Transportation Commission (MHTC) acting through the Missouri Department of Transportation (MoDOT).&lt;br /&gt;
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&#039;&#039;&#039;Interchange Limits:&#039;&#039;&#039; For the uniform handling of utility installations only, the limits of an interchange are the outside ramp curve points. See [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_1_TypicalInterchangeLimits_AOD.pdf EPG Figure 643.1.1] for an example.&lt;br /&gt;
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&#039;&#039;&#039;Interstate System or Other Freeways/Expressways:&#039;&#039;&#039; Interstate highways and highways with fully controlled access.&lt;br /&gt;
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&#039;&#039;&#039;Major Routes (Interstates, Freeways/Expressways and Principal Arterials):&#039;&#039;&#039; The major highway system is all routes functionally classified as principal arterials. The principal arterial system provides for statewide or interstate movement of traffic. The major roads in Missouri total approximately 5,500 centerline miles.&lt;br /&gt;
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&#039;&#039;&#039;Minor Routes:&#039;&#039;&#039; The minor highway system is all routes functionally classified as minor arterials or collectors. These routes mainly serve local transportation needs. The minor roads in Missouri total approximately 28,400 centerline miles.&lt;br /&gt;
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&#039;&#039;&#039;Normal Right of Way Line:&#039;&#039;&#039; An imaginary line that connects sudden breaks in the major right of way points for roadways. Sight distance right of way points (triangles) at roadway intersections are not to be considered as sudden breaks for determining normal right of way.&lt;br /&gt;
[[File:fig_643.1.2-06_2026.jpg|none|700px|thumb|Figure 643.1.2 Normal Right of Way Line.]]&lt;br /&gt;
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&#039;&#039;&#039;Private Lines:&#039;&#039;&#039; Privately owned utility facilities which convey or transmit the commodities outlined in the definition of utility facility of this section but devoted exclusively to private use.&lt;br /&gt;
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&#039;&#039;&#039;Scenic Enhancement Areas:&#039;&#039;&#039; Scenic enhancement areas include areas acquired or so designated as scenic strips, overlooks, rest areas, recreation areas, and the right of way of adjacent roadways and the right of way of roadways that pass through public parks and historic sites as described under 23 USC 138.&lt;br /&gt;
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&#039;&#039;&#039;Utility Corridor:&#039;&#039;&#039; An area established for the placement of utility facilities parallel to the normal right of way line.&lt;br /&gt;
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&#039;&#039;&#039;Utility Facility:&#039;&#039;&#039; Privately, publicly, or cooperatively owned line, facility, or system for producing, transmitting, or distributing communications, cable television, power, electricity, light, heat, gas, oil, crude products, water, steam, waste, storm water not connected with highway drainage or any other similar commodity, including any fire or police signal system or street lighting system which directly or indirectly serves the public and does not include privately owned facilities devoted exclusively to private use. The term &amp;quot;utility facility&amp;quot; includes those facilities used solely by the utility owner that are a part of its operating plant.&lt;br /&gt;
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&#039;&#039;&#039;Utility Owner:&#039;&#039;&#039; The utility owner is the utility company, inclusive of any wholly owned or controlled subsidiary, or city or county which owns utility facilities. The term also includes those government agencies that lease a utility facility for its own use or otherwise dedicated solely to governmental use.&lt;br /&gt;
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&#039;&#039;&#039;Variance:&#039;&#039;&#039; A one- (1-) time deviation from the requirements for location or relocation of utility facilities on the right of way of highways in the state highway system as established in [https://www.sos.mo.gov/cmsimages/adrules/csr/current/7csr/7c10-3.pdf Title 7 Code of State Regulations 10-3], requested by the utility, and approved by a MoDOT District Design Engineer.&lt;br /&gt;
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==643.1.3 Location of Utility Facilities==&lt;br /&gt;
Utility facilities paralleling the roadway should be installed in the utility corridor except as outlined below. The utility corridor is the space for all utility owners generally within six feet (6’) of the normal right of way line. When considering if the current utility corridor is available to expand from six feet (6’) to as much as twelve feet (12’), MoDOT determines if the expansion is warranted. In making the determination, MoDOT will consider the existing utilization of the original six feet (6’) corridor. Poles must remain within two feet (2’) of the normal right of way line unless approved by a variance. The utility corridor will only be expanded beyond six feet (6’) if the original six feet (6’) corridor is fully utilized and additional space would be required to accommodate additional utility facilities. Acquisition of additional right of way to establish a twelve feet (12’) corridor is not required on highway construction projects. For depths for underground utility facilities, see [[#643.1.4.1_Minimum_Cover_for_Underground_Facilities|EPG 643.1.4.1]].&lt;br /&gt;
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Utility facilities crossing the roadway should be installed as close to ninety degrees (90°) to the centerline of the roadway as possible and based on the guidelines below depending on the type of roadway. See [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_3_TypicalUtilityCorridor-InterchangeatMajorRoute_AOD.pdf EPG Figure 643.1.3] and [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_4_TypicalUtilityCorridor-InterchangeatMinorRoute_AOD.pdf EPG Figure 643.1.4] for typical utility corridors around interchanges.&lt;br /&gt;
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===643.1.3.1 Interstate System or Other Major Freeways/Expressways===&lt;br /&gt;
The installation of all utility facilities on highways of the Interstate System or other major freeways/expressways with fully controlled access are to be installed, serviced, and maintained without entering or leaving the roadway and ramps except at points approved by MoDOT for that purpose and without parking any equipment or storing materials upon the medians, roadway and ramps, or shoulders of the roadways. Cutting or damaging the pavement or paved shoulders is not permitted. New service connections to existing parallel utility facilities are to be permitted only where an outer roadway exists and then only where access is permitted by the Commission. Careful consideration will be given to the location of guys, anchors, braces, and other supports. Generally, good design practice will provide that appurtenances be located at right of way jogs, along intersecting road right of way, or at other similar acceptable locations, so that encroachment is held to an absolute minimum.&lt;br /&gt;
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No utility facilities will be permitted within the interchange limits of an interchange between fully limited access highways where planned or existing. Utility facilities within the interchange limits of an interchange with a non-access controlled highway will be permitted only along the minor road, provided that all construction, service, and maintenance can be performed from the minor road. Manholes and poles must be located beyond the ramp termini.&lt;br /&gt;
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For structures carrying or over interstates or other major freeways/expressways, see [[#643.1.5_Bridge_Attachment_Policy|EPG 643.1.5]].&lt;br /&gt;
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====643.1.3.1.1 Utility Facilities Crossing the Interstate or Other Major Freeways/Expressways====&lt;br /&gt;
=====643.1.3.1.1.1 Overhead Crossings of the Interstate or Other Major Freeways/Expressways=====&lt;br /&gt;
Overhead crossings of utility facilities are permitted only for power transmission and distribution lines and for multiple circuit communication lines where an underground installation is not economically feasible. Supports for existing utility facilities crossing overhead may remain on the right of way provided they are near the right of way line regardless of the presence of an outer road. Supports for new overhead utility facilities crossing overhead may be located on the right of way near the right of way line where an outer roadway exists and are to be located off the right of way where no outer roadway exists. Overhead service crossings are only permitted in isolated cases for residential or commercial establishments when the denial of the crossing would require construction of more than 1,200 feet (1,200’) of utility line to provide the service. Main or distribution line crossings are required to serve a general area other than isolated cases.&lt;br /&gt;
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=====643.1.3.1.1.2 Underground Crossings of the Interstate or Other Major Freeways/Expressways=====&lt;br /&gt;
Underground crossings of utility facilities are to be continuously encased under the pavement, medians, ramps, and shoulders with the casing extending to the toe of the fill slopes or to the ditch line. In curbed sections, encasement should extend outside the outer curb of the roadways a distance equal to the depth of the encasement at the curb line. Where installed by open trench through unpaved areas, detector tape should be placed approximately one foot (1&#039;) above the encasement. Where an interstate or other major freeway has a parallel outer roadway, encasement should be continuous under all roadways within the right of way.&lt;br /&gt;
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Manholes or vent pipes are to be located at the right of way line or adjacent to the outer roadway.&lt;br /&gt;
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For fiber optic cable, encasement should extend from within six feet (6&#039;) of one right of way line to within six feet (6&#039;) of the other right of way line.&lt;br /&gt;
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Exceptions may be made for encasement as listed in [[#643.1.4.2_Exceptions_to_Encasement|EPG 643.1.4.2]].&lt;br /&gt;
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=====643.1.3.1.1.3 Parallel Installations along the Interstate or Other Major Freeways/Expressways=====&lt;br /&gt;
New parallel installations on the right of way may be permitted only where an outer roadway exists, provided that poles are within two feet (2&#039;) of the normal right of way line and underground utility facilities are within the utility corridor, and provided that the utility facility can be installed and maintained between the outer roadway and the right of way line. Existing overhead or underground utility facilities that parallel an existing roadway which will be incorporated into a completed highway as an outer roadway may remain in place if all maintenance and service can be performed from an outer roadway and the existing location does not interfere with construction, maintenance, or operation of the completed highway. If an existing parallel utility facility needs to be relocated so as to not interfere with the construction, maintenance, or operation of the completed interstate or other major freeway, poles may be located withing five feet (5’) of the right of way line.&lt;br /&gt;
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Underground utility facilities are expected to be buried within the utility corridor of sight distance triangles (SDTs) at roadway intersections unless granted a variance. Overhead utility facilities may be allowed to span intersecting roadways with SDTs provided the poles, or supports, are located outside the SDT.&lt;br /&gt;
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=====643.1.3.1.1.4 Sanitary Sewers within the Right of Way of Interstates or Other Major Freeways/Expressways=====&lt;br /&gt;
New installations of sanitary sewers should follow the applicable guidelines for either underground crossings or parallel installations as appropriate. Existing gravity trunk sanitary sewers should be considered individually and removed or left in place contingent upon its age, condition, feasibility of moving, and maintenance access. Encasement of existing trunk sewers left in place may be required for questionable condition, protection during construction, or heavy fills.&lt;br /&gt;
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Manholes should be relocated to the right of way lines or adjacent to an outer roadway.&lt;br /&gt;
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===643.1.3.2 Major Routes===&lt;br /&gt;
For structures carrying or over major routes, see [[#643.1.5_Bridge_Attachment_Policy|EPG 643.1.5]].&lt;br /&gt;
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====643.1.3.2.1 Major Routes with Partially Controlled Access Right of Way====&lt;br /&gt;
The installation of all utility facilities on highways with partially controlled access right of way are to be installed, serviced, and maintained without entering or leaving the roadway and ramps except at points approved by MoDOT for that purpose and without parking any equipment or storing materials upon the medians, roadway and ramps, or shoulders of the roadways. Cutting or damaging the pavement or paved shoulders is not permitted. Equipment or materials stored within the right of way must be protected by longitudinal barrier or be located outside the clear zone. New service connections to existing parallel utility facilities are to be permitted only where granted by the Commission.&lt;br /&gt;
&lt;br /&gt;
No utility facilities will be permitted within the interchange limits of an interchange between fully limited access highways where planned or existing. Utility facilities within the interchange limits of an interchange with a non-access controlled highway will be permitted only along the minor road, provided that all construction, service, and maintenance can be performed from the minor road. Manholes and poles must be located beyond the ramp termini.&lt;br /&gt;
&lt;br /&gt;
====643.1.3.2.2 Major Routes with Normal Access Right of Way====&lt;br /&gt;
All new utility facilities will be installed and maintained without cutting or damaging the pavement or paved shoulders except in the event underlying rock formations or other obstructions are encountered that prevent boring or pushing operations. A variance may be granted for pavement cuts when the need is established. Pavement cuts may only be made by permits issued when it is impractical to otherwise service and maintain the facility. The installation of all utility facilities is to be installed without parking any equipment or storing materials upon the medians, roadway and ramps, or shoulders of the roadways. Equipment or materials stored within the right of way must be protected by longitudinal barrier or be located outside the clear zone.&lt;br /&gt;
&lt;br /&gt;
====643.1.3.2.3 Utility Facilities Crossing Major Routes====&lt;br /&gt;
=====643.1.3.2.3.1 Overhead Crossings of Major Routes=====&lt;br /&gt;
Supports for utility facilities crossing overhead should be located as near the right of way line as possible. For major routes with controlled access right of way, new overhead service crossings may be permitted in isolated cases for residential or commercial establishments where the denial of such crossings would require the construction of more than 1,200 feet (1,200’) of utility line to provide the same service. For major routes with normal access right of way, there is no restriction on the placement of service crossings.&lt;br /&gt;
&lt;br /&gt;
=====643.1.3.2.3.2 Underground Crossings of Major Routes=====&lt;br /&gt;
Underground crossings of utility facilities are to be continuously encased under the pavement, medians, ramps, and shoulders with the casing extending to the toe of the fill slopes or to the ditch line. In curbed sections, encasement should extend outside the outer curb of the roadways a distance equal to the depth of the encasement at the curb line. Where installed by open trench through unpaved areas, detector tape should be placed approximately one foot (1&#039;) above the encasement. Where a major route has a parallel outer roadway, encasement should be continuous under all roadways within the right of way.&lt;br /&gt;
&lt;br /&gt;
Manholes or vent pipes are to be located at the right of way line or adjacent to the outer roadway.&lt;br /&gt;
&lt;br /&gt;
For fiber optic cable, encasement should extend from within six feet (6&#039;) of one right of way line to within six feet (6&#039;) of the other right of way line.&lt;br /&gt;
&lt;br /&gt;
Exceptions may be made for encasement as listed in [[#643.1.4.2_Exceptions_to_Encasement|EPG 643.1.4.2]].&lt;br /&gt;
&lt;br /&gt;
====643.1.3.2.4 Parallel Installations along Major Routes====&lt;br /&gt;
New parallel installations on the right of way may be permitted provided that poles are within two feet (2&#039;) of the normal right of way line and underground utility facilities are within the utility corridor. Existing overhead or underground utility facilities that parallel an existing roadway which will be incorporated into a completed highway may remain in place if all maintenance and service can be performed without entering or leaving the roadway except at approved access points; without parking equipment or storing materials on the median, pavement, ramps, or shoulders; and the existing location does not interfere with construction, maintenance, or operation of the completed highway. If an existing parallel utility facility needs to be relocated so as to not interfere with the construction, maintenance, or operation of the completed highway, poles may be located withing five feet (5’) of the right of way line.&lt;br /&gt;
&lt;br /&gt;
Existing steel pipe transmission and distribution facilities for gaseous petroleum products that parallel an existing roadway that will be incorporated into the completed roadway may be left in place subject to an agreement by the utility owner that maintenance or service and facility expansion will be performed without cutting or damaging the pavement or interfering with the construction, maintenance, and operation of the highway and provided that the facility is cathodically protected against corrosion and meets the applicable material requirements.&lt;br /&gt;
&lt;br /&gt;
Underground utility facilities are expected to be buried within the utility corridor of sight distance triangles (SDTs) at roadway intersections unless granted a variance. Overhead utility facilities may be allowed to span intersecting roadways with SDTs provided the poles, or supports, are located outside the SDT.&lt;br /&gt;
&lt;br /&gt;
====643.1.3.2.5 Sanitary Sewers within the Right of Way of Major Routes====&lt;br /&gt;
New installations of sanitary sewers should follow the applicable guidelines for either underground crossings or parallel installations as appropriate. An existing gravity trunk sanitary sewer should be considered individually and removed or left in place contingent upon its age, condition, feasibility of moving, and maintenance access. If an existing parallel gravity main is left in place within the limits of the paved surface, paved shoulder lines, or curb lines, stub mains as required will be laid between the sewer main and curb or shoulder lines for future service connections in each block. Manholes should be relocated outside the traveled roadway as near the right of way line as practical.&lt;br /&gt;
&lt;br /&gt;
===643.1.3.3 Minor Routes===&lt;br /&gt;
For structures carrying or over minor routes, see [[#643.1.5_Bridge_Attachment_Policy|EPG 643.1.5]].&lt;br /&gt;
&lt;br /&gt;
====643.1.3.3.1 Utility Facilities Crossing Minor Routes====&lt;br /&gt;
=====643.1.3.3.1.1 Overhead Crossings of Minor Routes=====&lt;br /&gt;
Existing overhead crossings that interfere with construction, maintenance, or operation should be relocated with their supports as near the right of way line as is practical. New overhead crossing installations should be located with their supports as near the right of way line as is practical.&lt;br /&gt;
&lt;br /&gt;
=====643.1.3.3.1.2 Underground Crossings of Minor Routes=====&lt;br /&gt;
All new utility facilities should be installed and maintained without cutting or damaging the pavement or paved shoulders. A variance may be granted for pavement cuts when servicing and maintaining the facility by any other methods is impractical. Pavement cuts may only be made by permits issued. Underground crossings of utility facilities are to be continuously encased under the pavement, medians, ramps, and shoulders with the casing extending to the toe of the fill slopes or to the ditch line. In curbed sections, encasement should extend outside the outer curb of the roadways a distance equal to the depth of the encasement at the curb line. Where installed by open trench through unpaved areas, detector tape should be placed approximately one foot (1&#039;) above the encasement.&lt;br /&gt;
&lt;br /&gt;
Manholes or vent pipes are to be located at the right of way line or adjacent to the outer roadway.&lt;br /&gt;
&lt;br /&gt;
For fiber optic cable, encasement should extend from within six feet (6&#039;) of one right of way line to within six feet (6&#039;) of the other right of way line.&lt;br /&gt;
&lt;br /&gt;
Exceptions may be made for encasement as listed in [[#643.1.4.2_Exceptions_to_Encasement|EPG 643.1.4.2]].&lt;br /&gt;
&lt;br /&gt;
====643.1.3.3.2 Parallel Installations along Minor Routes====&lt;br /&gt;
New parallel installations on the right of way may be permitted provided that poles are within two feet (2&#039;) of the normal right of way line and underground utility facilities are within the utility corridor. Existing overhead or underground utility facilities that parallel an existing roadway which will be incorporated into a completed highway may remain in place if all maintenance and service can be performed without entering or leaving the roadway except at approved access points; without parking equipment or storing materials on the median, pavement, ramps, or shoulders; and the existing location does not interfere with construction, maintenance, or operation of the completed highway. If an existing parallel utility facility needs to be relocated so as to not interfere with the construction, maintenance, or operation of the completed highway, poles may be located within five feet (5’) of the right of way line.&lt;br /&gt;
&lt;br /&gt;
Underground utility facilities are expected to be buried within the utility corridor of sight distance triangles (SDTs) at roadway intersections unless granted a variance. Overhead utility facilities may be allowed to span intersecting roadways with SDTs provided the poles, or supports, are located outside the SDT.&lt;br /&gt;
&lt;br /&gt;
====643.1.3.3.3 Sanitary Sewers within the Right of Way of Minor Routes====&lt;br /&gt;
New installations of sanitary sewers should follow the applicable guidelines for either underground crossings or parallel installations as appropriate. An existing gravity trunk sanitary sewer should be considered individually and removed or left in place contingent upon its age, condition, feasibility of moving, and maintenance access. If an existing parallel gravity main is left in place within the limits of the paved surface, paved shoulder lines, or curb lines, stub mains as required will be laid between the sewer main and curb or shoulder lines for future service connections in each block. Manholes should be relocated outside the traveled roadway.&lt;br /&gt;
&lt;br /&gt;
===643.1.3.4 Roundabouts===&lt;br /&gt;
Regardless of roadway type, it is desirable to avoid locating utility facilities and their access points within the circulatory roadway. If possible, utility facilities are located in the legs of the roundabout to allow for future maintenance and access at an isolated leg versus affecting the entire roundabout. See [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_5_TypicalLocationofUtilityFacilitiesnearRoundabouts_AOD.pdf EPG Figure 643.1.5] for an example.&lt;br /&gt;
&lt;br /&gt;
===643.1.3.5 Utility Facilities in Scenic Enhancement Areas===&lt;br /&gt;
All existing utility facilities within the limits of a scenic enhancement area requiring adjustment because of construction or reconstruction will be placed underground or relocated beyond the limits of the scenic enhancement area. No new above ground facilities will be permitted. New underground facilities will be permitted provided they do not extensively alter or impair the appearance of the area.&lt;br /&gt;
&lt;br /&gt;
==643.1.4 Installation of Utility Facilities==&lt;br /&gt;
The following sections provide information on the physical installation of utility facilities within highway right of way.&lt;br /&gt;
&lt;br /&gt;
===643.1.4.1 Minimum Cover for Underground Facilities===&lt;br /&gt;
The minimum cover for new underground utilities is:&lt;br /&gt;
* Forty-two inches (42”) for all water lines (parallel and crossings).&lt;br /&gt;
* Forty-two inches (42”) for fiber optic cable (crossings encased in rigid conduit).&lt;br /&gt;
* Seventy-two inches (72”) for fiber optic cable (crossings encased in polyethylene (PE) pipe).&lt;br /&gt;
* Thirty inches (30”) for direct burial and in trench fiber optic cable (parallel).&lt;br /&gt;
* Twenty-four inches (24”) for all other direct burial copper or coaxial cable, (parallel).&lt;br /&gt;
* Seventy-two inches (72”) for uncased polyethylene (PE) gas pipe crossings under ditches and roadways but thirty inches (30”) elsewhere.&lt;br /&gt;
* Thirty inches (30”) for all other (such as, but not limited to, gravity sewers, forced sewers, and electric) underground utilities (both parallel and crossing).&lt;br /&gt;
&lt;br /&gt;
===643.1.4.2 Exceptions to Encasement===&lt;br /&gt;
Exceptions may be made for encasement as follows:&lt;br /&gt;
* Non-fiber communication or electric cables installed in ducts.&lt;br /&gt;
* Welded steel pipelines carrying gaseous or liquid petroleum products - provided they are cathodically protected against corrosion, triple-coated in accordance with accepted pipeline construction standards, and meet applicable material requirements.&lt;br /&gt;
* Natural gas distribution pipe (nominal six-inch (6”) diameter maximum) of polyethylene (PE) plastic, traceable, installed by a horizontal bore method at a minimum depth of seventy-two inches (72”) under ditches and roadways, constructed in accordance with and meeting applicable material requirements.&lt;br /&gt;
* Gas service connections protected and constructed in accordance with and meeting applicable material requirements.&lt;br /&gt;
* Encasement is not required for new trunk sanitary sewer crossings of vitrified clay, reinforced concrete or cast iron except when installation procedures would produce voids in the roadbed, heavy fills, or installations under pressure.&lt;br /&gt;
&lt;br /&gt;
===643.1.4.3 Above Ground or Ground Level Appurtenances===&lt;br /&gt;
Appurtenances protruding more than four inches (4”) above the ground line should be located outside the clear zone. If no feasible alternative exists and if permitted by a variance, appurtenances may be allowed within the clear zone if they meet breakaway criteria or will be shielded by a traffic barrier. Good design practice will provide that appurtenances be located at right of way jogs, along intersecting road right of way, or at other similar acceptable locations, so that encroachment is held to an absolute minimum. Cables, wires, small diameter pipes, and other such utility appurtenances extending from the surface of the ground should be equipped with covers or guards to improve their visibility. Appurtenances within sidewalks or street level pedestrian access routes are to be in conformance with the Americans with Disabilities Act requirements.&lt;br /&gt;
&lt;br /&gt;
The maximum pull box width perpendicular to the right of way line within the utility corridor is thirty inches (30”).&lt;br /&gt;
&lt;br /&gt;
===643.1.4.4 Overhead Utility Facilities===&lt;br /&gt;
The vertical clearance of new or existing overhead installations will not be less than the current minimum requirements of the National Electric Safety Code, but in no case less than eighteen feet (18’) inclusive of sag above the groundline for electrical facilities. Clearance may be reduced for overhead installations of cable, telephone, or fiber optic facilities.&lt;br /&gt;
A minimum radial clearance of twenty-five feet (25’) is provided from any utility facility to the nearest part of any bridge structure. A minimum radial clearance of ten feet (10’) is provided from the nearest charged electrical line to a MoDOT signal, lighting, ITS, or overhead sign structure.&lt;br /&gt;
&lt;br /&gt;
===643.1.4.5 Approved Materials===&lt;br /&gt;
Utility owners are allowed to use any material for underground utility facilities including carrier and encasement provided they accept responsibility for any future repairs and/or replacement of damaged MoDOT facilities should a failure occur. This will allow the use of current technology and procedures to provide the best value to its subscribers and the taxpayers of Missouri. For materials that MoDOT also uses in its highway system, utility owners must provide materials that meet the current [https://www.modot.org/missouri-standard-specifications-highway-construction Missouri Standard Specifications for Highway Construction]. For materials not listed in the Missouri Standard Specifications for Highway Construction, the utility owner should provide documentation of the standards used to determine suitability of the material.&lt;br /&gt;
&lt;br /&gt;
===643.1.4.6 Cutting===&lt;br /&gt;
In the event permission is granted to cut an existing concrete or asphalt pavement or sidewalk, the appropriate provisions below should be followed.&lt;br /&gt;
&lt;br /&gt;
====643.1.4.6.1 Pavement====&lt;br /&gt;
All pavement cuts should be made with a saw to the full depth of the pavement. The width of the cut is typically determined by the width of the trench plus a minimum one foot (1’) on each side of the trench. In the event the distance to any adjacent longitudinal or transverse joint or crack is less than four feet (4’), the pavement must be removed to the joint or crack. Cuts for perpendicular service tie-ins should be a minimum of three feet (3’) wide. Longitudinal main installations are typically cut at a minimum of half the lane width, but in no instance should the cut be along the wheel path of the lane.&lt;br /&gt;
[[File:fig_643.1.6-06_2026.jpg|800px|none|thumb|Figure 643.1.6 Pavement Repair Dimension Requirements.]]&lt;br /&gt;
&lt;br /&gt;
The utility facilities should be placed in a location with the least impact to the roadway. Typically, this leads to placement in the shoulder when available followed by the two-way left turn lane (TWLTL), and then outside lanes before allowing placement in interior through lanes. Lane switching should be kept to a minimum and should not be used to minimize repair sizes. Cuts for mains or service leads that may not be perpendicular to the roadway should be squared-off.&lt;br /&gt;
&lt;br /&gt;
Replacement of cut pavement should be full depth concrete in accordance with the current version at the time of installation of Section 613.10 Full Depth Pavement Repairs of the Missouri Standard Specifications for Highway Construction and the Missouri Standard Plans for Highway Construction. If the area of the pavement repair is not to be fully resurfaced all joints including the overcut from the sawing operation should be filled with an expansive mortar, epoxy, polyester, or joint material as approved by the Engineer in accordance with Section 1057 of the Missouri Standard Specifications for Highway Construction.&lt;br /&gt;
&lt;br /&gt;
====643.1.4.6.2 Pedestrian Access Routes====&lt;br /&gt;
All cuts in the pedestrian access routes whether asphalt or concrete should be made by saw and be the full depth of the material. Entire slabs of concrete sidewalk should be removed. Repair of the pedestrian access route must meet Americans with Disability Act requirements, see [[:Category:642_Pedestrian_Facilities|EPG 642]]. Cuts through curb ramps or detectable warning areas are not permitted. Rather the entire curb ramp or detectable warning area must be removed and replaced. MoDOT district ADA contacts can help ensure ADA compliance of impacted pedestrian access routes.&lt;br /&gt;
&lt;br /&gt;
===643.1.4.7 Non-disturbance Areas===&lt;br /&gt;
MoDOT has certain areas of right of way where mowing, spraying, digging, or other vegetation disturbance activities are restricted. These areas have been established to mitigate the environmental impacts of a previous project and should be avoided. If the areas cannot be avoided, contact MoDOT’s Environmental Section.&lt;br /&gt;
&lt;br /&gt;
==643.1.5 Bridge Attachment Policy==&lt;br /&gt;
No utility facility will be permitted in or on a structure carrying an interstate or other freeway unless it is part of a federal requirement or for MoDOT’s use. When the structure carries any other road type and no other practical means exists for the crossing, wires (communication, electrical, fiber, or metal) will be permitted. Electrical lines must be located to cause minimum exposure to MoDOT maintenance personnel and the public. Pressurized pipelines for gas or other petroleum products and water and all sewer lines are prohibited on all structures due to the risks associated with their failure.&lt;br /&gt;
&lt;br /&gt;
===643.1.5.1 Agreement===&lt;br /&gt;
An agreement is required for all utility facilities attached to any structure. A charge will be made for the increased maintenance costs involved. This fee is set by the Bridge Division. When permitted, a 50-year occupational agreement is executed with the utility owner. Agreement BR04 Utility Attachment Agreement is used when an attachment is added to a bridge during its construction. Agreement BR09 Bridge Attachment Agreement is used when an attachment is added to an existing bridge.&lt;br /&gt;
&lt;br /&gt;
===643.1.5.2 Requests===&lt;br /&gt;
Requests to attach facilities to structures is a multi-step process. Bridge Division is responsible for approval of the bridge attachment. If at any point in the process, Bridge Division determines the attachment to be unacceptable, a reason is to be provided.&lt;br /&gt;
&lt;br /&gt;
To start, the utility owner submits a conceptual request to the district utilities staff. The conceptual request consists of an explanation of the proposal; a general location sketch (i.e., which side of the bridge); and details on the facility, length, and weight per foot when full. The district utilities staff should work with all relevant district personnel including the District Bridge Engineer in reviewing and recommending the attachment. The district utilities staff will submit the recommended details to the Bridge Division to determine the applicable costs including future maintenance costs and for attachments to new bridges, design and construction. Once the Bridge Division has determined the cost, the district utilities staff shares the cost with the utility owner for their concurrence with furthering the process. For new bridges, if the utility owner concurs with the costs, the district utility staff will prepare the BR04 Agreement for execution by the utility owner and the Commission. MoDOT will be responsible for the design and construction of attachments to new bridges. For existing bridges, the district utilities staff will forward the applicable as-built bridge plans to the utility owner for its use in designing the bridge attachment. The utility owner will provide detailed design drawings, signed and sealed by a professional engineer in the State of Missouri, to the district utilities staff for review. The district utilities staff should work with all relevant district personnel, including the District Bridge Engineer, in reviewing and recommending the details of the attachment to the Bridge Division. Once Bridge Division approves, the Bridge Division will prepare the BR09 Agreement for execution by the utility owner and the Commission. The utility owner is responsible for the construction of attachments to existing bridges. A flow chart, [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_7_BridgeAttachementProcess_AOD.pdf EPG Figure 643.1.7], of the process is available.&lt;br /&gt;
&lt;br /&gt;
Payment from the utility owner for the attachment will be sent to Financial Services by district utilities staff. For BR04 agreements, district utilities staff should discuss with Financial Services how to get the payment credited to the project constructing the attachment. For BR09 agreements, district utilities staff should copy Bridge Division on correspondence with Financial Serves. Checks should be made payable to Director of Revenue, Credit State Road Fund.&lt;br /&gt;
&lt;br /&gt;
For requests from government entities such as cities, counties, and other municipalities, the requested information should be submitted to Bridge Division as described above. However, the district utilities staff will take the lead in preparing the DE10 County Agreement or DE11 Municipal Agreement, as applicable, with input from Bridge Division and Bridge Maintenance. All fees are waived for government entities.&lt;br /&gt;
&lt;br /&gt;
===643.1.5.3 Considerations===&lt;br /&gt;
The following considerations are made in determining the acceptability of a bridge attachment. Unique situations will be discussed with the Bridge Division as required.&lt;br /&gt;
&lt;br /&gt;
====643.1.5.3.1 Bridge Asset Management Program====&lt;br /&gt;
Requests for bridge attachments should be reviewed for consistency with the district’s upcoming bridge asset management program needs. If a structure is due for rehabilitation or replacement in the near future, information should be provided to the utility owner indicating existing remaining life of the bridge. In some instances, it may be in MoDOT’s best interest to deny the request for attachment outright. In some instances, the utility owner may still choose to pursue the short-term attachment to the existing structure. In almost all cases, the utility owner is responsible for the cost of removing and/or relocating their utility facilities for a necessary repair, widening, improvement or reconstruction of the structure. Review existing agreements for cost responsibility for current attachments.&lt;br /&gt;
&lt;br /&gt;
====643.1.5.3.2 Aesthetics====&lt;br /&gt;
In reviewing a request for a bridge attachment, how the structure is viewed by the public will be considered. For example, is the structure over a scenic stream that is extensively used by canoeists, or does the structure span a road that may provide access to a park, campgrounds, or boat launching facilities? Is the structure a grade separation where the motoring public will see the attachment before they pass under it?&lt;br /&gt;
&lt;br /&gt;
====643.1.5.3.3 Method of Attachment====&lt;br /&gt;
In order to maintain structural integrity of any structures the following requirements will apply for attachments.&lt;br /&gt;
&lt;br /&gt;
=====643.1.5.3.3.1 Welding=====&lt;br /&gt;
Welding of hardware to structural steel members (i.e., flanges, webs, stiffeners, and diaphragms) whether in tension or compression is not permitted.&lt;br /&gt;
&lt;br /&gt;
=====643.1.5.3.3.2 Drilling=====&lt;br /&gt;
Drilling holes in any structural steel member is not permitted. Drilling holes for anchors into any prestressed concrete member is not permitted. Although permitted, drilling holes for anchors into the underside of bridge decks must be done with caution. It is recommended all anchors be installed to miss deck reinforcing steel. Generally, drilling into decks will not be allowed where sonotubes were used (voided slab bridges). The depth of the holes should be such that breaking out of the concrete on the top side of the deck does not occur.&lt;br /&gt;
&lt;br /&gt;
=====643.1.5.3.3.3 Corrosion=====&lt;br /&gt;
Attachment hardware will be new, properly coated to prevent corrosion or be of a non-corrosive material, and be designed to support the facility.&lt;br /&gt;
&lt;br /&gt;
====643.1.5.3.4 Location====&lt;br /&gt;
In general, attachments are made on the underneath side of the bridge deck. The condition of the bridge deck will dictate the location of the attachment supports. An exception may be attachments to trusses or other overhead structures.&lt;br /&gt;
&lt;br /&gt;
Attachments that may require manholes in bridge decks are not allowed.&lt;br /&gt;
&lt;br /&gt;
When attachments are required to structures over streams that may carry large drifts, they must be attached to the downstream side of the structure and above the lowest superstructure element. It is preferred to locate the attachment on the outside of the exterior girder. If aesthetics are a concern, a better appearance can be achieved by having the attachment made to the inside of the exterior girder and above the bottom of the lower flange to hide the conduit and the attaching hardware.&lt;br /&gt;
&lt;br /&gt;
Placement of utilities must not prevent the removal of old paint, the application of new paint on superstructure steel, or cause debris buildup, which could cause structural deterioration.&lt;br /&gt;
&lt;br /&gt;
====643.1.5.3.5 Construction and Maintenance====&lt;br /&gt;
If the attachment cannot be built while maintaining one (1) lane of traffic on the structure, it will not be allowed.&lt;br /&gt;
&lt;br /&gt;
Construction procedures that severely impact traffic may factor into the allowable location of the attachment on the structure.&lt;br /&gt;
&lt;br /&gt;
When scaffolding is to be attached or supported by bridge rails, bridge superstructure, or bridge substructure, the procedures for construction of the attachment must be reviewed.&lt;br /&gt;
&lt;br /&gt;
The utility owner or local entity will pay for, or be responsible for, the painting of the attachment, if necessary, when the bridge requires painting.&lt;br /&gt;
&lt;br /&gt;
==643.1.6 Private Lines==&lt;br /&gt;
Private lines are permitted to cross the right of way of a highway in the same manner as outlined for all utility facilities in above sections of this article. Parallel installations along the right of way of a highway are not permitted. Special conditions at a specific location that make adherence to this policy impractical will be submitted to the Chief Engineer for consideration of an acceptable alternative. In certain situations, it may be necessary to obtain approval from the Federal Highway Administration (FHWA) before approval to use the alternative can be given to the private utility owner.&lt;br /&gt;
&lt;br /&gt;
==643.1.7 Water and Sewer Separations==&lt;br /&gt;
The Missouri Department of Natural Resources (MoDNR) Safe Drinking Water Commission via 10 CSR 60-10 and Clean Water Commission via 10 CSR 20-8 govern the design of water and sewer lines in the vicinity of one another. Basic criteria are outlined below for information, and details are contained within the regulations. MoDOT is not responsible for providing or acquiring adequate right of way for utility owners to comply with MoDNR requirements.&lt;br /&gt;
&lt;br /&gt;
===643.1.7.1 Water and Sewer Separations===&lt;br /&gt;
====643.1.7.1.1 Horizontal====&lt;br /&gt;
Sanitary and storm sewers are to be laid at least ten feet (10’) horizontally measured from outside edge to outside edge from any existing or proposed water main. In cases where it is not practical to maintain ten feet (10’) of separation, installation of the water main closer to the sewer is acceptable where the water main is installed in a separate trench or on an undisturbed earth shelf located on one (1) side of the sewer at an elevation so the bottom of the water main is at least eighteen inches (18”) above the top of the sewer.&lt;br /&gt;
&lt;br /&gt;
===643.1.7.2 Crossings===&lt;br /&gt;
Water mains are to be laid to provide a minimum vertical distance of eighteen inches (18”) vertically measured outside edge to edge from sanitary or storm sewers. This is the case whether the water main is above or below the sewer. One (1) full length of water pipe must be located so both joints will be as far from the sanitary or storm sewer line as possible. Special structural support for the water main or sanitary or sewer main may be required.&lt;br /&gt;
&lt;br /&gt;
===643.1.7.3 Exception===&lt;br /&gt;
When it is impossible to obtain proper horizontal and vertical separation as stipulated, the sewer will be designed and constructed equal to water pipe and will be pressure-tested to assure it is watertight prior to backfilling.&lt;br /&gt;
&lt;br /&gt;
===643.1.7.4 Water Supply Interconnections===&lt;br /&gt;
No physical connection is permitted between a public or private potable water supply system and any sanitary or storm sewer or appurtenance that would permit the passage of any sewage or polluted water into the water supply. No water pipe is permitted to pass through or come in contact with any part of a sanitary sewer manhole.&lt;br /&gt;
&lt;br /&gt;
===643.1.7.5 Water Works Structures===&lt;br /&gt;
Sewers are not permitted to be installed within fifty feet (50’) in any direction from any existing or proposed public water supply well or other water supply sources or structures.&lt;br /&gt;
&lt;br /&gt;
==643.1.8 Variances==&lt;br /&gt;
Occasionally, it is impractical to locate a utility facility in accordance with requirements outlined in this article. MoDOT may consider a utility owner’s request for a variance from these requirements on a case-by-case basis. The utility owner should complete a [https://epg.modot.org/forms/general_files/DE/UtilityVarianceApprovalForm.docx Utility Variance Approval Form] to be submitted to MoDOT for consideration. Variances on the Interstate System require approval of the Federal Highway Administration (FHWA). A flow chart, [https://epg.modot.org/forms/general_files/DE/xx.pdf EPG Figure 643.1.8], of the variance process is available.&lt;br /&gt;
&lt;br /&gt;
A variance will not be permitted just for the convenience of the utility owner. The utility owner requesting a variance must provide all necessary information to properly evaluate if a variance should be approved. For example, a utility owner requesting a variance because “the utility corridor is full” must explore all reasonable options. It is suggested that the requestor pothole the existing utility corridor to confirm the location of existing utility facilities and provide that data to support the need to locate outside of the utility corridor due to its congestion.&lt;br /&gt;
&lt;br /&gt;
===643.1.8.1 Variance Process===&lt;br /&gt;
Any utility owner of a public utility facility may apply for a variance. The process for requesting a variance is as follows:&lt;br /&gt;
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====643.1.8.1.1 Submittal Requirements====&lt;br /&gt;
Utility owners submit to the district utilities staff a written request for a variance using the [https://epg.modot.org/forms/general_files/DE/UtilityVarianceApprovalForm.docx Utility Variance Approval Form]. The utility owner must clearly show the provision(s) or guideline(s) for which the variance is being requested; the condition(s) which the utility owner believes warrant(s) the granting of a variance; a thorough explanation of the reason(s) for the requested variance, including sufficient and appropriate documentation of safety, aesthetic, or constructability constraints that would be adverse to the function, access, or maintenance of the utility facility and not in the best interest of the public.&lt;br /&gt;
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====643.1.8.1.2 MoDOT Consideration of Variance Request====&lt;br /&gt;
The utility owner bears full responsibility for demonstrating to MoDOT’s satisfaction that the variance is the most appropriate way to serve the public interest. MoDOT may present to the utility owner and the utility owner must consider reasonable alternatives to the variance requested by the utility owner. In determining whether to grant a variance, district utilities staff will consider all relevant factors including, but not limited to: the requested variance is reasonably necessary for the convenience, safety, health, and/or welfare of the public; there is an exceptional or undue burden or hardship on the specific applicant; a physical impracticability that would result from the applicant’s adherence to the normal location requirements; and the requested variance will not impair the safe construction, maintenance, operation, and safety of public travel on the highway. District utilities staff may consult with the Design Liaison Engineer in evaluating variances.&lt;br /&gt;
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====643.1.8.1.3 Approval of Variances====&lt;br /&gt;
Once district utilities staff have agreed to accept a variance proposed by the utility owner, the [https://epg.modot.org/forms/general_files/DE/UtilityVarianceApprovalForm.docx Utility Variance Approval Form] and all supporting documentation is sent to the District Design Engineer (DDE) for approval. If a variance is on interstate right of way, the DDE-signed Variance Request Form and all supporting documentation is forwarded to the Design Liaison Engineer who will forward to FHWA for their concurrence.&lt;br /&gt;
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====643.1.8.1.4 Variance Appeal Informal Hearing====&lt;br /&gt;
If denied a variance, the utility owner has thirty (30) calendar days to request an informal hearing for the purpose of appealing the denial. Requests must be made in writing to the State Design Engineer, Missouri Department of Transportation, P.O. Box 270, Jefferson City, MO 65102. If the utility owner requests an informal hearing, MoDOT’s authorized representative will advise the applicant of the time, date, and place of the hearing. The hearing is not a contested case under RSMo 536. The rules of evidence will not apply at the hearing, and MoDOT’s decision after the conduct of the hearing is not subject to further appeal.&lt;br /&gt;
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==643.1.9 Excess Right of Way==&lt;br /&gt;
Prior to conveyance of excess right of way, the status of utility facilities within said parcel must be addressed. See [[236.5_Property_Management#236.5.12_Excess_Land_Conveyances_&amp;amp;_Relinquishments_–_Regulated_Utilities|EPG 236.5.12]].&lt;br /&gt;
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==643.1.10 Broadband==&lt;br /&gt;
Broadband development in the state of Missouri is handled by the Department of Economic Development (DED). MoDOT shares its approved Statewide Transportation Improvement Program (STIP) project list with DED. All MoDOT policies related to placement of utility facilities within Commission right of way as outlined in this EPG article 643.1 are to be followed.&lt;br /&gt;
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&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643.2 Utilities in Program Delivery &#039;&#039;PAGE TITLE&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt; &lt;br /&gt;
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==643.2.1 Introduction==&lt;br /&gt;
Improvements to the highway system often require negotiation between the Commission and a city, a county, or a public or private utility owner. The Commission’s district utilities staff is responsible for coordination of highway improvement projects with the utility owner’s representative. The impact to a utility, the responsibility for the cost of adjustments necessary to allow highway construction, the plan of adjustment of the utility, the responsibility of performance of work on utility facilities, and the schedule of the utility adjustment are all items that vary depending on the project and should be investigated and negotiated to ensure highway improvement projects are delivered on-time and on-budget. These should comply with Commission policy. A flowchart [link here] outlining all the utility adjustment processes (reimbursable and non-reimbursable relocations, Master Reimbursable Utility Agreements and Project Specific Agreements, etc.) are available in the list of figures at the top of the page. These processes will not always be in combination, but each should be considered with each project.&lt;br /&gt;
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The district utilities staff, in conjunction with the Transportation Project Manager (TPM), is expected to invite and encourage participation of utility owner representatives in MoDOT project meetings as needed.&lt;br /&gt;
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When a project involves utility adjustments for which the Commission is responsible for costs, the TPM should program the costs of the utility adjustments as non-contractual construction costs in the STIP Information Management System (SIMS).&lt;br /&gt;
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==643.2.2 Annual Utility Meeting==&lt;br /&gt;
Each district should hold an annual meeting with utilities to discuss current STIP projects in the district. The annual meeting should be held during each year&#039;s STIP preparations, ideally between January and May. All utility owners that have utility facilities in the district should be invited. The intent is to provide the utility owners with an idea of upcoming projects to allow them the opportunity to plan and budget for potential adjustments of their utility facilities, identify both MoDOT and utility roadblocks, and develop action plans to complete utility adjustments better, faster, and cheaper.&lt;br /&gt;
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==643.2.3 Determination of Existing Utilities==&lt;br /&gt;
District utilities staff should determine the appropriate level of effort needed to accurately identify existing utilities within the footprint of a proposed highway construction project. Aboveground utilities are easily identifiable via field checks; however, determination of the precise location of underground utilities can be more challenging and time consuming. Therefore, the district utilities staff should balance the risk of conflict with the highway construction project against the level of effort needed to determine the location.&lt;br /&gt;
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The level of effort on mapping utilities is dependent on the scope of the project and the potential for utilities having an impact on the construction of the project. The project schedule should include the time to complete this task accurately. The time and effort necessary for having accurate locates requires close interaction with the utility locators. Early contact with utility owner representatives may be necessary to accurately locate underground utility facilities.&lt;br /&gt;
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Various methods of determining existing underground utilities result in different levels of quality. ASCE Standard 38 Standard Guidance for Investigating and Documenting Existing Utilities classifies four levels of quality:&lt;br /&gt;
:1. Quality Level D: QL-D is the most basic level of information for utility locations. It comes solely from existing utility records or verbal recollections, both typically unreliable sources. It may provide an overall &amp;quot;feel&amp;quot; for the congestion of utilities but is often highly limited in terms of comprehensiveness and accuracy. QL-D is useful primarily for project planning and route selection activities.&amp;lt;br&amp;gt;&lt;br /&gt;
: Missouri 811 or “private-locate” markings are to be considered to be QL-D.&lt;br /&gt;
:2. Quality Level C: QL-C is probably the most used level of information. It involves surveying visible utility facilities (e.g., manholes, valve boxes, etc.) and correlating this information with existing utility records (QL-D information). When using this information, it is not unusual to find that many underground utilities have been either omitted or erroneously plotted. Therefore, its usefulness is primarily on rural projects where utilities are not prevalent or are not too expensive to repair or relocate.&lt;br /&gt;
:3. Quality Level B: QL-B involves the application of appropriate surface geophysical methods to determine the existence and horizontal position of virtually all utilities within the project limits. This activity is called &amp;quot;designating&amp;quot;. The information obtained in this manner is surveyed to project control. It addresses problems caused by inaccurate utility records, abandoned or unrecorded utility facilities, and lost references. The proper selection and application of surface geophysical techniques for achieving QL-B data is critical. Information provided by QL-B can enable the accomplishment of preliminary engineering goals. Decisions regarding location of storm drainage systems, footers, foundations, and other design features can be made to avoid conflicts with existing utilities. Slight adjustments in design can produce substantial cost savings by eliminating utility relocations.&lt;br /&gt;
:4. Quality Level A: QL-A, also known as &amp;quot;locating or potholing&amp;quot;, is the highest level of accuracy presently available and involves the full use of the subsurface utility engineering services. It provides information for the precise plan and profile mapping of underground utilities through the nondestructive exposure of underground utilities, and provides the type, size, condition, material, and other characteristics of underground features.&lt;br /&gt;
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For projects with scopes that have potential for utility conflicts, the minimum level of effort required is SUE Quality Level D. Locations of existing utilities are determined by requesting locates through Missouri 811, also known as the “One-Call” process. Missouri 811 locating requests should be carefully considered for the scope of work of the project. When necessary, the location of existing utilities should be established by a field survey of locate markings and features and shown on the roadway plans. Higher level SUE Quality Levels can be used on any project. Adjustment cost savings, whether to the MoDOT or to the utility owner, are beneficial to the taxpayer. Good SUE projects are typically urban in nature, or in congested areas, where the project footprint is to be minimized, or anytime accurate vertical and horizontal location of the utility facility might allow a design to avoid the utility facility thus preventing the need for the adjustment. The SUE process combines civil engineering, surveying, and geophysics. It utilizes several technologies, including vacuum excavation and surface geophysics.&lt;br /&gt;
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When proposed excavation or installation of subsurface features (drainage, equipment bases, etc.) falls within three feet (3’) of a marked Missouri 811 line, soft digging (hand digging, potholing, vacuum methods, pressurized air/water jetting, pneumatic hand tools, etc.) is required to more exactly locate the utility facility both horizontally and vertically. Utility facilities present within the right of way by permit, should be investigated by the utility owner. Utility facilities that would be reimbursable or partially reimbursable as defined in EP 643.2.8 will be investigated by MoDOT.&lt;br /&gt;
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==643.2.4 Conflict Determination==&lt;br /&gt;
Determination of whether a conflict exists between an existing utility facility and a proposed highway improvement project should occur at the earliest possible stage of project development. A conflict may be the result of the physical interaction between the roadway infrastructure and utility facility, a reduction in cover or increase in fill over underground utilities, a reduction in horizontal clearance whether above or below ground, a reduction in overhead vertical clearance, paving over utilities, or restricting a utility owner’s access to its utility facilities. District utilities staff should work with utilities to determine if a conflict exists and the appropriate plan of adjustment to remedy the conflict. The adjustment to the utility may be a relocation or another measure that protects the utility or access to the utility from the proposed highway improvement project. Determination of a conflict needs to be continually re-evaluated as the project design progresses. Continuing coordination is essential.&lt;br /&gt;
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==643.2.5 Utility Plan of Adjustment==&lt;br /&gt;
===643.2.5.1 Request for Plan of Adjustment===&lt;br /&gt;
District utilities staff will request a plan of adjustment from utility owners whose utility facilities are in conflict with a proposed highway project. The plan of adjustment may consist of efforts to relocate the utility or otherwise protect a utility from the impacts of the proposed highway project. Utilities are shown on the roadway plan and profiles sheets that are furnished to utility owners for use in planning required utility adjustments. Any other sheets such as drainage, traffic signal, lighting, or ITS plans that show impacts to a utility facility should also be provided to the utility owners. All adjustments, reimbursable or not, require a plan of adjustment furnished by the utility owner.&lt;br /&gt;
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A transmittal letter is included in the request for a plan of adjustment. The letter informs the utility owner that regardless of whether an adjustment is reimbursable, no physical adjusting or relocating of their utility facilities to accommodate the proposed highway improvement is to be performed without specific approval and authorization. Additionally, if any part of the adjustment has the potential to be reimbursable, they are advised:&lt;br /&gt;
# They may undertake preliminary engineering by their own forces upon approval by district utilities staff of the estimated costs of preliminary engineering.&lt;br /&gt;
# They may employ a consultant to do the PE work provided they request and obtain prior approval. See [[#643.2.6_Preliminary_Engineering_Requirements|EPG 643.2.6 Preliminary Engineering Requirements]].&lt;br /&gt;
# Any preliminary engineering costs accrued prior to the date of written authorization to proceed will not qualify for reimbursement.&lt;br /&gt;
# Replacement right of way or easements cannot be purchased without specific approval and authorization.&lt;br /&gt;
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===643.2.5.2 Proposed Plan of Adjustment===&lt;br /&gt;
Developing a plan of adjustment is a multi-step process. The utility owner will propose a conceptual approach to adjusting the utility facilities to allow highway construction. This conceptual approach is used as the basis for determining cost responsibility, estimate of costs for preliminary engineering and construction, developing the agreement if necessary, and final design of the adjustment. Negotiations between district utility staff and the utility owner’s representative can result in changes to the design throughout the process.&lt;br /&gt;
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Final plans of adjustment must contain a legend on the first sheet identifying the utility symbols used. They must also show the existing utility facilities and their disposition, the location of the new or adjusted utility facilities, the existing and new right of way lines, the limited or fully controlled access symbols (where applicable), the existing and proposed roadways, ramps, and outer roadways and any other pertinent roadway information. They must contain sufficient details concerning location, elevation, compaction, clean up, etc. to provide for the proper adjustment of the utility facility. Relocated and/or existing utility facilities that will remain in place must be dimensioned or indicated in a manner to show their location in respect to the right of way lines. It is preferred that the utility owner transmits the plan of adjustment by electronic deliverables in a format that can be incorporated into the roadway plans. This will reduce the time and effort necessary as well as increase the accuracy of transferring this information into the roadway plans.&lt;br /&gt;
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Plans of adjustment received from the utility owner are to be checked for compliance with MoDOT’s requirements ([[#643.1_Utilities_Location|EPG 643.1 Utility Location]]) by the district utilities staff. They are also checked to ensure compatibility with the roadway design. Any continuing conflicts are resolved through negotiations with the utility owner.&lt;br /&gt;
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Occasionally, it is impractical to perform a utility adjustment in accordance with MoDOT’s requirements. Sometimes the utility may request approval of a plan of adjustment that does not conform to these requirements. Deviation from MoDOT’s utility requirements is a variance. Refer to [[#643.1.8_Variances|643.1.8 Variance Process]] for additional guidance.&lt;br /&gt;
The final plan of adjustment is included as Exhibit “A” to the agreement ([[#643.2.12_Utility_Agreements|EPG 643.2.12 Agreements]]).&lt;br /&gt;
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==643.2.6 Preliminary Engineering Requirements==&lt;br /&gt;
Preliminary engineering (PE) can be performed one of four ways for utility adjustments:&lt;br /&gt;
# The utility owner can use its own engineering forces.&lt;br /&gt;
# MoDOT can select an engineering consultant, after consultation with the utility owner, and the consultant contract will be administered by MoDOT.&lt;br /&gt;
# The utility owner can select an engineering consultant, with approval by MoDOT, and the consultant contract will be administered by the utility owner.&lt;br /&gt;
# If a utility adjustment is being included in a MoDOT administered construction contract, the preliminary engineering of the adjustment can be provided by MoDOT.&lt;br /&gt;
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For reimbursable utility adjustments, the amount paid to engineers, architects, and others for required engineering and allied services can be included in reimbursement amount provided such amounts are not based on a percentage of the costs of the necessary adjustments to allow highway construction. Reimbursement is available for contracts executed after solicitation of a consultant for the specific adjustment or existing continuing contracts when it is demonstrated that such work is performed regularly for the utility owner in its own work and that the costs are reasonable.&lt;br /&gt;
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A [https://epg.modot.org/forms/general_files/DE/UtilityConsultantContractChecklist.docx checklist is available for reviewing consultant-engineering contracts] to ensure the contract conforms to MoDOT policy and complies with applicable federal regulations. District utilities staff should use the checklist to review contracts and may consult with Audits and Investigations Division as necessary. The procedures in 23 CFR part 172, Administration of Engineering and Design Related Service Contracts may be used as a guide for reviewing proposed consultant contracts. [[:LPA:136.4_Consultant_Selection_and_Consultant_Contract_Management|EPG 136.4 Consultant Selection and Consultant Contract Management]] may also be used as a guide.&lt;br /&gt;
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===643.2.6.1 Solicited Consultant Contracts===&lt;br /&gt;
If solicitation of PE services is required for reimbursable utility adjustments, the utility owner must provide the following documents and information to district utilities staff. These documents need to be provided as soon as the utility owner has chosen to solicit a consultant. Document 1 must be supplied by all utility owners. Documents 2 and 3 are only required when the utility owner is a local government agency who is also a political subdivision of the state of Missouri (e.g., city-owned utilities, county-owned utilities). All other utility owners are encouraged, but not required, to provide Documents 2 and 3:&lt;br /&gt;
# A statement that the utility owner is not staffed or able to perform the required PE services with its own forces.&lt;br /&gt;
# Provide the names of at least three (3) consultants considered.&lt;br /&gt;
# The criteria used to evaluate each consultant and reasons why the selected consultant was selected.&lt;br /&gt;
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The following documents need to be provided as soon as the utility owner has successfully negotiated and entered into a contract with the consultant:&lt;br /&gt;
# The name and address of the selected consultant.&lt;br /&gt;
# A statement that the &amp;quot;[https://epg.modot.org/forms/general_files/DE/CertificationOfConsultant.docx Certification of Consultant]&amp;quot; will be furnished immediately upon award of the contract to the consultant.&lt;br /&gt;
# One executed copy of the proposed engineering contract or agreement between the utility owner and consultant, only if the engineering will exceed $5,000.00.&lt;br /&gt;
# The consultant&#039;s fixed (lump sum) or estimated fee (actual cost) and the contract maximum.&lt;br /&gt;
# A cost summary providing a detailed breakdown of the basis for the consultant&#039;s compensation, including estimated labor hours, hourly rates for each classification, overhead rate (if used), the amount of profit charged, and any other estimated charges such as travel expenses, equipment rentals, etc. If an overhead rate is used, the consultant must also submit the supporting overhead rate calculations.&lt;br /&gt;
# An independent cost estimate of engineering services provided by the utility owner to use in comparison to the consultant’s proposed engineering services to check for cost reasonableness.&lt;br /&gt;
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===643.2.6.2 Continuing Consultant Contracts===&lt;br /&gt;
When a utility owner chooses to use an existing continuing contract for PE services, the utility owner must provide the following documents and information to the district utilities staff as soon as possible.&lt;br /&gt;
# A statement that the utility owner is not staffed or able to perform the engineering with its own forces.&lt;br /&gt;
# The name and address of the consultant under the existing continuing contract.&lt;br /&gt;
# A statement that the &amp;quot;[https://epg.modot.org/forms/general_files/DE/CertificationOfConsultant.docx Certification of Consultant&amp;quot;&amp;quot; will be furnished.&lt;br /&gt;
# A copy of the continuing contract to the district utilities staff. The district utilities staff will review the contract for reasonableness of cost.&lt;br /&gt;
# The consultant&#039;s fixed (lump sum) or estimated fee (actual cost) and the contract maximum for the work associated with the utility adjustment.&lt;br /&gt;
# A cost summary providing a detailed breakdown of the basis for the consultant&#039;s compensation, including estimated labor hours, hourly rates for each classification, overhead rate (if used), the amount of profit charged, and any other estimated charges such as travel expenses, telephone, etc. If an overhead rate is used, the consultant must also submit the supporting overhead rate calculations.&lt;br /&gt;
# An independent cost estimate of engineering services provided by the utility owner to use in comparison to the consultant’s proposed engineering services to check for cost reasonableness.&lt;br /&gt;
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===643.2.6.3 Consultant Contract Changes===&lt;br /&gt;
If a PE services contract between a utility owner and a consultant needs to be revised, a copy of the revised contract, fee, and schedule should be submitted by the utility owner to the district utilities staff prior to allowing for contract changes. District utilities staff should review the contract changes to ensure the revised contract conforms to MoDOT policy and complies with applicable federal regulations.&lt;br /&gt;
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==643.2.7 Environmental and Right of Way==&lt;br /&gt;
===643.2.7.1 Utilities and Environmental Clearances===&lt;br /&gt;
District utilities staff should coordinate with the TPM and utility owner’s representative to understand and communicate on known environmental and cultural constraints that could impact a utility owner’s plan of adjustment. This will allow the utility owner to consider permitting timelines and alternatives that avoid environmental or cultural resources to keep the project on schedule.&lt;br /&gt;
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One strategy to make project delivery more efficient and ensure regulatory compliance is for MoDOT to obtain the environmental and cultural resource permits and clearances for the utility owners associated with a roadway improvement while obtaining its own. This would generally only be for the permits and regulatory clearances MoDOT already needs to pursue as a part of the transportation improvement.&lt;br /&gt;
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District utilities staff should coordinate with the utility owner’s representative early in the project timeline to determine if it is in the best interest of both MoDOT and the utility owner to obtain permits and environmental clearances jointly. The following strategies can be utilized to determine if a joint approach to environmental work should be pursued:&lt;br /&gt;
* If utility facilities are moving to a location within or immediately adjacent to MoDOT right of way, a utility owner may be invited to participate in permitting and environmental compliance activities.&lt;br /&gt;
* If utilities move to a location not within or adjacent to MoDOT right of way, the utility company would not normally be invited to participate in permit applications and environmental compliance activities. However, some unique projects may necessitate further attention and should be discussed with the Design Liaison Engineer.&lt;br /&gt;
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If MoDOT and the utility owner agree to obtain joint permits and clearances, written communication between the utility owner’s representative and the district utilities staff should document the following items:&lt;br /&gt;
* List of the permits and clearances that MoDOT will acquire on behalf of the utility owner.&lt;br /&gt;
* List of the information needed from the utility owner in order for MoDOT to acquire the permits and clearances.&lt;br /&gt;
* Schedule and deadlines for submittal of the information by the utility owner. For example: utility plans, fill quantities, construction methods, dates, or seasons of construction.&lt;br /&gt;
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Permits and clearances that may be needed by both a utility owner and MoDOT include:&lt;br /&gt;
* [[127.7_Threatened_and_Endangered_Species|Endangered Species Act consultation and clearance]]&lt;br /&gt;
* [[127.2_Historic_Preservation_and_Cultural_Resources#127.2.1.1_Historic_Preservation_Regulations_and_Laws|Section 106 of the National Historic Preservation Act clearance]]&lt;br /&gt;
* [[127.10_Section_4(f)_Public_Lands|Section 4(f) clearance]]&lt;br /&gt;
* [[127.10_Section_4(f)_Public_Lands#127.10.1.4_Section_6(f)_Laws_and_Regulations|Section 6(f) of the Land and Water Conservation Fund Act clearance]]&lt;br /&gt;
* [[127.4_Wetlands_and_Streams|Section 401 and Section 404 of the Clean Water Act permits]]&lt;br /&gt;
* [[:Category:806_Pollution,_Erosion_and_Sediment_Control#806.1_Introduction_(see_Sec._806)|Section 402 of the Clean Water Act permit (State Operating Permit for Erosion Control)]]&lt;br /&gt;
* [[127.8_Hazardous_and_Solid_Waste|Recommendations on contaminated soil disposition]]&lt;br /&gt;
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===643.2.7.2 Right of Way Acquisition and Utilities===&lt;br /&gt;
The Commission is obligated to acquire the width of right of way required by the design of the highway improvement. For utility facilities currently located within the Commission’s right of way, this includes the necessary space for the utility facilities impacted by the design of the highway improvement. Either additional right of way width to accommodate a utility corridor or a utility easement can be obtained for the relocation of utility facilities. When drainage easements are acquired along a channel, additional space for utility facilities should be considered to avoid conflicts between the utility facility and the bridge or culvert.&lt;br /&gt;
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District utilities staff should inform the utility owner’s representative of the potential of a conflict between an existing utility facility and a proposed highway construction project early in the project development process to allow sufficient time for the utility owner to prepare a plan of adjustment and notify the district utilities staff of any easement needs. When utility facilities are located on a utility owner’s private easement, the utility owner may obtain its own new easements. If the utility owner is not in a position to negotiate for new easements or if the utility owner’s policies will not permit it to condemn property to obtain the easement, MoDOT can acquire the easement in the same manner roadway right of way is obtained. The district utilities staff should verify the utility owner is aware of the opportunity to have MoDOT acquire the easement, and the utility owner should provide written documentation on whether the utility owner would like to pursue this option with MoDOT.&lt;br /&gt;
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For situations where the utility owner will obtain its own replacement right of way and the cost of the adjustment is MoDOT’s responsibility, the utility right of way cost should be reviewed by the district right of way department to ensure the cost is reasonable and acquisition followed state and federal regulations. In order to expedite utility adjustments necessary to allow highway construction, the district utility staff may authorize the utility owner to obtain easements prior to all details of a plan of adjustment being developed. In this situation, the district utilities staff should ensure enough details are known to justify the needed right of way, and an agreement for right of way costs only should be executed with the utility owner.&lt;br /&gt;
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For situations where MoDOT will obtain the right of way necessary to allow highway construction, district utility staff should negotiate with the utility owner’s representative to ensure all necessary utility easements are shown on the approved right of way plans. The TPM should confirm with district utilities staff that the right of way plans accurately reflect the needs of the utility owners prior to requesting right of way plan approval. The district Right of Way Manager should confirm with district utilities staff before requesting an acquisition date (A-date). Every effort should be made to avoid adding utility easement requests once negotiations with property owners have begun.&lt;br /&gt;
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Occasionally, when negotiations cannot be completed for easements for the adjustment of utility facilities, it may be necessary to condemn for the property. District utilities staff should coordinate with the utility owner’s representative to ensure no alternate design for the adjustment of the utility facility is practical. The decision to condemn for easements for the adjustment of the utility facilities requires the exercise of good judgment in reaching the conclusion that further good faith negotiations are futile and condemnation is necessary to maintain the project in the scheduled letting. The TPM should coordinate with the district utilities staff and district Right of Way (RW) personnel on the condemnation proceedings.&lt;br /&gt;
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Easement and other right of way documents used with utility owners are handled in accordance with procedures established jointly with RW and district utilities staff. District survey staff prepare the land descriptions for use in utility easements. The district utilities staff is responsible for completion of the easements in the correct form and scope. A sketch delineating the area described is attached to the easement as Exhibit “A”. Communication with the Design Division will ensure use of proper forms, corporate names and locations, and particular wording required for joint ownerships. The description for a utility easement is to be referenced to the nearest land corner shown on the plans. Examples of easements can be found in the template list in [https://netprod3.dot.missouri/eAgreements/Search/QuickSearch eAgreements].&lt;br /&gt;
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In situations where MoDOT is acquiring right of way with existing utility easements, but the district utilities staff and the utility owner’s representative agree that the utility facility may remain in place, the utility owner will release the property to the Commission separate from the right of way acquisition. This is done by executing an Easement for Highway Construction (UT16). The utility owner grants and conveys, with warranty of title expressed or implied, to the Commission, the right to construct, reconstruct, and maintain a highway over and across that portion of the easement owned and held by the utility owner. In the future, the utility owner retains any reimbursable rights should future projects require adjustments to allow highway construction.&lt;br /&gt;
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==643.2.8 Cost Responsibility==&lt;br /&gt;
In addition to determining if a conflict exists between an existing utility facility and a highway improvement project, it is important to determine who is responsible for the costs of the necessary adjustments to allow highway construction. An adjustment for which the Commission is responsible for the costs is known as a reimbursable adjustment. An adjustment for which the Commission is not responsible for the costs is known as a non-reimbursable adjustment. An adjustment for which the Commission and the utility share responsibility for costs is known as a partially reimbursable adjustment. Adjustments determined to be reimbursable or partially reimbursable by the Commission are to be completed under the terms of an agreement executed between the utility owner and the Commission.&lt;br /&gt;
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===643.2.8.1 Commission Responsibility===&lt;br /&gt;
====643.2.8.1.1 Utility Facilities Located on Private Easements====&lt;br /&gt;
When the utility facility is located on a private easement within the new right of way to be acquired for a future project, the Commission is responsible for the cost of the necessary adjustments to allow highway construction. It may be possible that such easement does not have written easement rights. The Commission will honor this oral right provided acceptable documentation is provided by the utility owner to the district utilities staff. An [https://epg.modot.org/forms/general_files/DE/NonwrittenEasementRights_Example.docx example of acceptable documentation for not written easement rights] is available. Other forms of documentation will be considered on an individual basis.&lt;br /&gt;
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=====643.2.8.1.1.1 Future Moves=====&lt;br /&gt;
When the utility facility is located on a private easement, taken into the Commission’s right of way, the Commission may agree that any future moves of the same utility by Commission order may be made at the Commission’s cost. Documentation of this agreement is by an Easement for Highway Construction (UT16) agreement. If the Commission provides a substitute private easement, then the Commission will have future obligations consistent with the utility facility’s status in an easement.&lt;br /&gt;
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====643.2.8.1.2 Utility Facilities Located within Commission Right of Way====&lt;br /&gt;
When the utility facility is located within Commission right of way, but has prior land rights, the Commission is responsible for the cost of adjustments to allow highway construction. The utility owner is responsible for documenting to the satisfaction of the district utilities staff, the basis for the claim of prior land rights within Commission right of way. Time spent researching prior rights is considered coordination and is reimbursable.&lt;br /&gt;
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====643.2.8.1.3 City or County Utility Facilities on City or County Streets====&lt;br /&gt;
When roadway improvements are within the corporate limits of cities, towns, and villages, a municipal agreement is negotiated between the Commission and the municipality. Likewise, when roadway improvements are within the limits of a county and outside the municipal limits, a county agreement is negotiated between the Commission and the County Commission. Included in these agreements are provisions regarding reimbursement for adjusting city or county owned utility facilities. Reimbursement is provided for adjustment of city or county owned utility facilities that are now located on city or county streets and not on Commission right of way.&lt;br /&gt;
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====643.2.8.1.4 Lumen====&lt;br /&gt;
Lumen – National (formerly CenturyLink, Lightcore, or Digital Telephone, Inc. (DTI)) and the Commission have entered into a partnership agreement, “Amended and Restated Fiber Optic Cable on Freeways in Missouri,” executed June 5, 2003 which obligates the Commission to be responsible for the cost of the necessary adjustments to allow highway construction along the routes identified in the agreement. A copy of the agreement is available to district utilities staff.&lt;br /&gt;
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====643.2.8.1.5 Services to the Commission====&lt;br /&gt;
When a utility facility provides a service connection to local Commission facilities such as power to traffic signals, lighting, ITS, and cathodic protection and phone drops to traffic signal controllers or other Commission facilities, the Commission is responsible for the cost of the necessary adjustments to allow highway construction.&lt;br /&gt;
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====643.2.8.1.6 Private Service Lines====&lt;br /&gt;
While most utility owners reconnect the private service lines at no cost to the property owner, some do not. If a utility owner does not reconnect service lines, MoDOT can include adjustment of private service lines in roadway contracts. Bid items for relocating service connections are provided for the different types of anticipated adjustments.&lt;br /&gt;
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====643.2.8.1.7 Second Moves====&lt;br /&gt;
If the Commission requires additional work to a utility facility after the facility has been relocated or adjusted in accordance with a plan of adjustment approved by the Commission for a single project number, the Commission is responsible for the cost of the additional work regardless of whether the initial adjustment was Commission responsibility as outlined in other parts of [[643.2_Local_Utility_Adjustments_-_Public_and_Private#643.2.8.1_Federalizing_Funds_for_Preliminary_Engineering|643.2.8.1]].&lt;br /&gt;
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The purpose of the policy is to encourage utilities to relocate early rather than waiting until plans are published for bidding. The policy eliminates the utility having to relocate twice at its own expense because of late changes in the design. It is best to have utilities relocated prior to construction, and this policy helps achieve that goal. Therefore, it is imperative that the designer notifies district utilities staff as soon as possible of any changes made after these plans have been sent. If notified immediately, it may be possible to inform the utility owner prior to their final design thereby eliminating a second move.&lt;br /&gt;
&lt;br /&gt;
Under this policy, the following are not considered second moves. Temporary and staged relocations necessary to accommodate construction and agreed upon by the utility and the Commission prior to relocation are considered a single move and are not subject to the provisions of the second move policy. If the Commission requires adjustment of a utility facility for which the utility owner is responsible for the cost of the adjustment and was originally determined to not need adjustment, the utility owner is responsible for the cost of the adjustment. The utility owner is responsible for the cost of additional work to any portion of the utility facility after the utility facility has been adjusted in accordance with a plan of adjustment approved by the Commission if the additional work is required by the Commission due to error by the utility owner in preparation of plan of adjustment, field location of, or construction of the adjustment of the utility facility.&lt;br /&gt;
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When evaluating construction contract changes by change order or value engineering, the impacts of the second move policy should be considered.&lt;br /&gt;
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===643.2.8.2 Utility Owner Responsibility===&lt;br /&gt;
====643.2.8.2.1 Utility Facilities Owned and Operated by a Political Subdivision====&lt;br /&gt;
When a utility facility is located within Commission right of way, but does not have prior land rights, the utility owner is responsible for the cost of the necessary adjustments to allow highway construction. When a utility facility is located on public right of way other than Commission right of way, the utility owner is responsible for the cost of the necessary adjustments to allow highway construction.&lt;br /&gt;
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When a political subdivision must bear part or all the cost of adjustments to their utility facilities, and the cost creates a financial hardship, the Commission, by its authorized representative, the Chief Engineer, may temporarily assume these costs. A payback agreement with the political subdivision will include an applicable interest rate for a comparable maturity from a widely published index of tax-exempt municipal rates obtained from Financial Services. Payback time will not exceed five (5) years.&lt;br /&gt;
&lt;br /&gt;
====643.2.8.2.2 Utility Facilities Other Than Those Owned by a Political Subdivision====&lt;br /&gt;
When a utility facility is on the right of way of a public road or street or on state highway right of way without prior land rights and adjustment is necessary to allow for the construction of a roadway improvement, the utility owner is responsible for the cost of the necessary adjustments to allow highway construction.&lt;br /&gt;
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===643.2.8.3 Shared Responsibility===&lt;br /&gt;
When a utility facility is located such that portions of it are a Commission responsibility and portions of it are a utility owner responsibility by the definitions above, the costs of the necessary adjustments to allow highway construction will be split by the Commission and the utility owner. If the exact cost for each party can be determined, each party will be responsible for their portion of the cost of relocating the utility facility. If the exact cost for each party cannot be determined, the parties will arrive at a percentage reimbursement on an equitable basis.&lt;br /&gt;
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===643.2.8.4 Notice of Hearing===&lt;br /&gt;
When relocation or other difficulties with utility facilities on public right of way arise that prevent resolution by negotiation, formal hearings will be required.&lt;br /&gt;
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The district initiates a request for a utility relocation hearing with a letter to the Chief Counsel’s Office (CCO) (a copy is provided to the Design Division) requesting a hearing date. CCO will arrange for a hearing room, court reporter, etc. and advise the district of the hearing date.&lt;br /&gt;
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The district will prepare the notice of hearing by strictly following the given format and serve the notice on all persons and utility owners listed. The property and utility owner must be served only by personal service or by mailing a certified letter, return receipt requested, no later than 15 days before the date of hearing. This will require the district to make every effort to identify the correct property owner before preparing the notice of hearing. To avoid delays, every attempt will be made to issue the hearing notice at least 30 days prior to the hearing date in case any property has changed ownership and any additional property owners must be served. A notice of hearing on service line connections will also be served on the private or public owner of the main or distribution line to which the service lines are connected. A notarized &amp;quot;Report of Personal Service&amp;quot; will be completed when notification by certified mail is not used.&lt;br /&gt;
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One copy of the hearing notice and attachments, &amp;quot;Report of Personal Service&amp;quot; and certified mail notices are to be submitted to CCO after notification is complete.&lt;br /&gt;
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Prior to the hearing, the district&#039;s representative will become familiar with the details of the utility adjustment in order to provide concise testimony to expedite the hearing process. CCO will assign an attorney to work with the district and present the case.&lt;br /&gt;
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Refer to 7 CSR 10-3.030 020 Utility Relocation Hearings for additional information.&lt;br /&gt;
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A Waiver of Hearing should be obtained for non-reimbursable adjustments to document the commitment of the utility owner to adjust its utility facilities without adversely impacting the highway construction project. This may be accomplished informally via written communications between the district utilities staff and the utility owner’s representative. A formal Waiver of Hearing statement may be requested by either MoDOT or the utility owner. A sample transmittal letter for the Waiver of Hearing is available. For reimbursable or partially reimbursable adjustments, the formal agreement serves as the basis of documentation of this commitment.&lt;br /&gt;
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==643.2.9 Estimates==&lt;br /&gt;
District utilities staff will negotiate with utility owners to determine reimbursable costs of the necessary adjustments to allow highway construction (EPG 643.2.8 Cost Responsibility). These estimates are prepared in accordance with the provisions of 23 CFR 645 and any amendment thereto. These estimates must reflect the same procedures and costs used by the utility owners in their normal operations and must also accurately represent the expected costs of the work. The utility owner’s estimate will be reviewed by the district utilities staff to ensure compliance with 23 CFR 645.&lt;br /&gt;
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===643.2.9.1 Independent Cost Estimate===&lt;br /&gt;
The independent cost estimate provides the basis for district utilities staff to review the utility owner’s estimate of costs of the necessary utility adjustments to allow highway construction and any subsequent negotiations with the utility owner. The district utilities staff should prepare an independent cost estimate. The independent cost estimate may be based on unit prices of anticipated items of work in a utility adjustment necessary to allow highway construction. The independent cost estimate alternately may be based on recent similar types of utility adjustments necessary to allow highway construction and scaled for size. Consultants can be used to develop the independent cost estimate. All documentation of the independent cost estimate should be placed in MoProjects.&lt;br /&gt;
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===643.2.9.2 Type of Project Cost Estimates===&lt;br /&gt;
Either Actual Cost or Lump Sum estimates may be used for estimating the costs on the necessary utility adjustments to allow highway construction. If an Actual Cost estimate is used, detailed records of materials, labor, and equipment are made by district utilities and/or construction staff during construction, and a final audit of the utility owner’s cost records is made to determine the Commission’s actual responsibility for costs of the adjustment completed to allow highway construction. If a Lump Sum estimate is used, a final audit of costs for an adjustment in payment is not required. The Actual Cost method requires more detailed record keeping and documentation by the utility owner and district staff during construction. The Lump Sum method requires more upfront detail and work by the utility owner and judgment on the district utilities staff on the acceptability of the cost. The district utilities staff will work with the utility owner’s representative to determine the best type of estimate and therefore agreement to use.&lt;br /&gt;
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====643.2.9.2.1 Actual Cost Estimate====&lt;br /&gt;
The cost estimate that supports the actual cost agreement is prepared in sufficient detail to determine the reasonable expected cost of the work to support development of an agreement between the utility owner and the Commission. However, reimbursement is based on the actual costs of design and construction of the necessary adjustment to allow highway construction. The actual cost estimate should detail all costs of the necessary adjustment to allow highway construction, even if the Commission is only responsible for a portion of the costs as detailed in EPG 643.2.8.3 Shared Responsibility.&lt;br /&gt;
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Actual cost estimates can be used for any dollar amount of reimbursement.&lt;br /&gt;
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====643.2.9.2.2 Lump Sum Estimates====&lt;br /&gt;
The cost estimate that supports the lump sum agreement must be accurate, comprehensive, verifiable, and in sufficient detail to present a clear picture of the work involved and the cost of the individual items. The estimate may cover only that portion of the adjustment for which the Commission is responsible for the costs of the necessary utility adjustments to allow highway construction.&lt;br /&gt;
Lump sum estimates are limited to a maximum of $200,000 of Commission responsibility of costs of the necessary utility adjustments to allow highway construction; however, exceptions may be made for special situations that have prior approval from Design Division. These exceptions usually cover major relocations for which the Commission&#039;s proportionate responsibility is extremely small.&lt;br /&gt;
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===643.2.9.3 Utility Cost Estimate Requirements===&lt;br /&gt;
Whether using an Actual Cost or Lump Sum estimate, the following should be included in the estimate, if applicable. If any of the following sections are not included in the estimate, a qualifying statement as to why the costs were not included should be provided.&lt;br /&gt;
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====643.2.9.3.1 Scope of Work====&lt;br /&gt;
All estimates require a concise summary of the work to be performed on the estimate. An example is &amp;quot;an estimate of cost covering the work of relocating Company&#039;s 12-inch Cushing-Woodriver pipeline to accommodate construction of Route 47 in Franklin County on Job No. J6P0172&amp;quot;.&lt;br /&gt;
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====643.2.9.3.2 Engineering Costs====&lt;br /&gt;
Costs of engineering, whether preliminary or construction, must be shown as separate items and are not to be included with &amp;quot;labor costs&amp;quot;. Concurrent cost accounting procedures of FHWA and MoDOT make this a necessity. See EPG 643.2.6 Preliminary Engineering and EPG 643.2.16.2 Construction Contract Requirements for further information.&lt;br /&gt;
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====643.2.9.3.3 Right of Way Costs====&lt;br /&gt;
A detailed estimate of the cost to acquire replacement easements by the utility owner is required. The cost should be supported by a right of way plan.&lt;br /&gt;
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====643.2.9.3.4 Material Costs====&lt;br /&gt;
Quantities, description of the item, the unit cost, and the extended totals are shown. Percentage computations will be shown immediately following &amp;quot;total cost&amp;quot; so the utility owner’s and Commission&#039;s cost obligations are properly indicated. Unit assembly costs similar to those used by several of the rural electric association (R.E.A.) cooperatives are acceptable, provided the same units and charges are used in the utility owner’s regular operations. A handling charge conforming with the utility owner’s regular procedures may also be included.&lt;br /&gt;
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====643.2.9.3.5 Labor Costs====&lt;br /&gt;
Hours, individual or crew rates, and extended totals are shown. Payroll additives such as insurance, retirement, social security, vacation, and other benefits are shown as a separate item under this heading in accordance with utility owner’s regular procedures. Adequate explanation must be given for total percentage used, especially in those cases where materials and labor are combined as unit costs or where labor percentages include additives and equipment requirements.&lt;br /&gt;
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====643.2.9.3.6 Equipment Costs====&lt;br /&gt;
A description of the equipment to be used must be shown jointly with the number of hours to be charged. Rates charged for equipment usage must be justified by the utility owner’s established accounting procedures. When the utility owner does not have an established accounting procedure or a capitalization and depreciation schedule that is used in its own operations, the rates are to be established by using rental rate publications as a guide. A reasonable amount will be deducted, when using rental rate schedules, for profit that the rental company realizes. A full explanation of the methods used in establishing the rates must also be submitted to support the utility owner’s request and with approval of the district utilities staff.&lt;br /&gt;
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Equipment may be rented when the utility owner’s equipment is not available or is inadequate, with the rental rate justified by appropriate solicitation of bids. See EPG 643.16.2 Construction Contract Requirements for further information.&lt;br /&gt;
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Unusual accounting procedures may be accepted with adequate prior explanations and approval of the Design Division.&lt;br /&gt;
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====643.2.9.3.7 Removal Costs====&lt;br /&gt;
These costs are estimated and shown in a similar method but separately from installation costs. When removal costs exceed salvage credits by more than the estimated cost of removal by the roadway contractor, an effort should be made to persuade the utility owner to abandon the utility facilities in place. An exception is made when the utility owner is required to remove abandoned utility facilities because of liability, hazard, or by specific agreement with the Commission. Abandoned utility facilities can be included with the miscellaneous removals in the roadway contract. It may be possible for the utility owner to remove those portions of the utility facility for which credits will exceed removal costs, with the remainder of the utility facility to be abandoned for removal in the roadway contract. Materials removed must be itemized, with the utility owner’s customary salvage credit given. Items to be scrapped or junked should be indicated. Whenever a utility facility or portion thereof is shown to be abandoned on the plan of adjustment, the roadway plans should be notated accordingly. This eliminates ownership problems if these utility facilities are removed or salvaged by the roadway contractor.&lt;br /&gt;
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When the utility facility is no longer needed and removal is necessary to accommodate the roadway project, the removal of the item may be handled either as a right-of way-item or a utility adjustment. When handled as a right of way item, the damages allowed are to equal the depreciated value of the utility facility, with the necessary removals being accomplished by the roadway contractor. If accomplished as a utility adjustment, the Commission, by utility agreement, will reimburse the utility owner for removal costs and receive salvage credit for the material removed, up to but not exceeding removal costs.&lt;br /&gt;
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====643.2.9.3.8 Salvage of Removed Materials====&lt;br /&gt;
This statement, to explain the salvage credit or lack of credit, will reflect routine utility owner policy as well as the particular situation. The utility owner will place a value on any recovered material for salvage. District utilities staff should check this value for reasonableness. Examples of salvage statements include:&lt;br /&gt;
* Existing utility facilities to be abandoned in place, since the cost of salvaging, based on our past experience, will exceed their value.&lt;br /&gt;
* Only those items will be salvaged for which salvage credit will exceed the cost of removal and salvage.&lt;br /&gt;
* Company liability requires removal of the retired utility facilities, even though the cost of removal will exceed allowable credit for salvage.&lt;br /&gt;
* Salvage credits are in accordance with established company accounting procedures.&lt;br /&gt;
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====643.2.9.3.9 Accrued Depreciation Credits====&lt;br /&gt;
Credit is required for the accrued depreciation of a utility facility that is being replaced. Examples are a building, structure, pumping station, filtration plant, power plant, substation, or other similar operational unit. Credit for accrued depreciation will not be required for a segment of the utility&#039;s service, distribution, or transmission lines. It is also not required when the building or structure is being moved as necessitated by the highway project. Acceptable accrued depreciation credit will be determined by using the following formula:&lt;br /&gt;
&amp;lt;math&amp;gt;\frac{\text{Actual Length of Service of Replaced Facility (Years)}}{\text{Total Estimated Service Life of Replaced Facility (Years)}} x&amp;lt;/math&amp;gt;&amp;lt;span style=&amp;quot;font-family: &#039;Times New Roman&#039;, Times, serif; font-size: 130%;&amp;quot;&amp;gt; Original Cost ($) = Credit ($)&amp;lt;/span&amp;gt;&lt;br /&gt;
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====643.2.9.3.10 Betterment Credits====&lt;br /&gt;
Betterment means the upgrading of the utility facility being relocated, made solely for the benefit of and at the election of the utility owner and is not attributable to the roadway improvement. Credit to the Commission is required for the additional costs incurred for the betterments introduced in the adjusted utility facility. No betterment credit is required for additions or improvements which are:&lt;br /&gt;
* Required by the highway project&lt;br /&gt;
* Replacement devices or materials that are of equivalent standards although not identical&lt;br /&gt;
* Replacement of devices or materials no longer regularly manufactured with next highest grade or size&lt;br /&gt;
* Required by law under governmental and appropriate regulatory commission code&lt;br /&gt;
* Required by current design practices regularly followed by the utility owner in its own work, and there is a direct benefit to the highway project&lt;br /&gt;
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====643.2.9.3.11 Overhead Costs====&lt;br /&gt;
Overhead costs are usually a percentage of the total labor cost. This item must be in accordance with the utility owner’s established accounting procedures, which in some cases may include handling costs or be a percentage of the total cost of the work involved. Additional attention to overhead costs is required when the rate is different from previously accepted rates. Occasionally, it can be difficult to obtain the necessary information at the time of the estimate to approve the overhead rates. In this situation, the estimate can be approved with exception of the overhead rates for payment. The utility owner is informed of this matter with the understanding that the overhead rates could be approved and paid with submission of appropriate supporting data and Financial Services audit review.&lt;br /&gt;
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====643.2.9.3.12 Prorating Costs====&lt;br /&gt;
The need for prorating utility adjustment costs occurs when both the Commission and the utility owner are responsible for a portion of the utility adjustment necessary to allow for highway construction, and the actual costs for reimbursement in each category cannot be explicitly determined. Generally, the following conditions require division of costs:&lt;br /&gt;
* The adjustment is considered partially reimbursable per EPG 643.2.8.3&lt;br /&gt;
* Betterments are included in the necessary adjustment of the utility facility&lt;br /&gt;
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The district utilities staff should negotiate with the utility owner’s representative to determine an equitable basis for the prorating of costs based on the characteristics of the utility adjustment necessary to allow for highway construction.&lt;br /&gt;
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====643.2.9.3.13 Costs Records====&lt;br /&gt;
The estimate should include a statement as to where the utility owner’s cost records may be reviewed. An example: &amp;quot;Company cost records will be available in our office at 2134 Industrial Avenue, Tulsa, Oklahoma&amp;quot;.&lt;br /&gt;
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====643.2.9.3.14 Other====&lt;br /&gt;
Additional statements will explain or further clarify the work that is included. Such other items may include bypasses, special equipment, need for larger utility facilities, etc.&lt;br /&gt;
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==643.2.10 Schedule==&lt;br /&gt;
Timely adjustments of utility facilities are essential for efficient completion of highway construction projects. Ideally, all utility adjustments are completed prior to a project’s Plans, Specifications, and Estimate (PS&amp;amp;E) submittal to Central Office. Depending on the specifics of the highway construction and utility adjustment necessary, early completion of the utility adjustment may not be practical. The district utilities staff should negotiate with the utility owner to determine the schedule parameters necessary for the utility adjustment. At a minimum, the utility owner should document the dates it anticipates starting and completing the work. If a utility adjustment depends upon the completion of a portion of the highway construction, the necessary milestone for starting the utility adjustment should be documented along with an anticipated number of working days to complete the utility adjustment. The schedule is included as Exhibit “C” to the agreement.&lt;br /&gt;
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==643.2.11 Pre-Audits==&lt;br /&gt;
The district utility staff performs a pre-audit review and approval prior to preparation of the agreement. A pre-audit checklist should be completed and saved in MoProjects.&lt;br /&gt;
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==643.2.12 Utility Agreements==&lt;br /&gt;
Whenever the Commission is responsible for the cost of the necessary adjustments to allow highway construction, an agreement is required. If a Master Reimbursable Utility Agreement (see EPG 643.2.12.2) has not been executed with the utility owner, a Project Specific Agreement (see EPG 643.2.12.3) is executed between the utility owner and the Commission. In some cases, it may be more practical for the Commission to include adjustment of utilities into a Commission administered contract. A Utility Agreement - Actual Cost (For Utility Work That is to be Included in the Missouri Highways and Transportation Commission&#039;s Road Project) (see EPG 643.2.12.4). Agreements include a plan of adjustment (Exhibit “A”), cost estimate (Exhibit “B”), and schedule (Exhibit “C”).&lt;br /&gt;
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The Utility Agreement boilerplate forms have been approved by the Chief Counsel’s Office (CCO). They are identified in the upper left-hand corner of each agreement by an identifier such as CCO Form: UT01 for the Master Reimbursable Utility Agreement. CCO updates these agreements as necessary. They serve as a guide in the preparation of the agreement to be executed with the utility owner for the adjustments required to their utility facilities to accommodate the proposed roadway improvement project. District utilities staff should use the latest version of the agreement found in eAgreements in drafting an agreement with utility owners. A list of utility agreements and detailed information concerning the sequence for preparing and executing an agreement is available in EPG 153 Agreements and Contracts.&lt;br /&gt;
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These forms are to be used word for word. Revisions or additions are only made to address specific project details. The intent of each paragraph must be retained, although specific words may be revised to fit the particular situation. No paragraphs are deleted without prior approval from CCO. For guidance on acceptance of liability, refer to the Acceptance of Liability Policy at the CCO SharePoint page. Drafts of agreements having major revisions or complications are to be submitted, with supporting data, to Design Division for comment and approval.&lt;br /&gt;
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A reference to 23 CFR 645 is included in all agreements. Utility owners must be acquainted with these requirements and procedures. The incorporation of 23 CFR 645 by reference in all agreements eliminates the need for a second set of regulations to be included in the document.&lt;br /&gt;
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The agreement for the adjustment of a utility is prepared by the district utilities staff and submitted to the utility owner for execution. The agreement is based on the plan, estimate of cost which was prepared in accordance with 23 CFR 645, and schedule. Authorized individuals representing the utility owner will execute the agreement. The agreement must be signed, sealed, and if necessary, notarized by the utility owner. If the utility owner does not have or use a corporate seal, write &amp;quot;NO SEAL&amp;quot; under the signatures of the owner’s officers. Agreements with political subdivisions are to be supported by an appropriate ordinance, a copy of which is to be submitted with the executed agreements. All copies will be forwarded to the CCO for further handling. A fully executed copy of the agreement will be retained in eAgreements. If the agreement was executed using electronic signatures, the district utilities staff should forward an electronic copy of the fully executed agreement to the utility owner. If the agreement was executed using wet signatures, one (1) paper copy of the fully executed agreement will be returned by the Commission Secretary’s Office to the district utilities staff. The district utilities staff will forward this copy to the utility owner.&lt;br /&gt;
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===643.2.12.1 Buy America Build America Requirements===&lt;br /&gt;
All agreements contain information on Buy America Build America (BABA) compliance. The utility owner should select the method of certification (See EPG 643.2.19) at the time of agreement completion. The appropriate paragraph will be inserted into the agreement. All BABA compliance documents must be retained by the utility owner and made available upon request at no cost to the Commission and/or FHWA.&lt;br /&gt;
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====643.2.12.1.1 Utility Owner Self-Certification====&lt;br /&gt;
The City/Company certifies that when determining products/materials subject to Buy America Build America requirements to use in the performance of this Agreement, it shall use only such products/materials for which it has received a certification from its supplier, or provider of construction services that procures the product/material, certifying compliance with Buy America Build America requirements. This does not include products/materials for which waivers have been granted pursuant to 23 CFR 635.410. The City/Company will not be required to provide the Commission copies of the supplier certification as part of this Agreement or with the final invoice of said Commission’s Federal-Aid Highway Construction Project.&lt;br /&gt;
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====643.2.12.1.2 Vendor/Manufacturer Certification====&lt;br /&gt;
The City/Company certifies that when determining products/materials subject to Buy America Build America requirements to use in the performance of this Agreement, it shall use only such products/materials for which it has received a certification from its supplier, or provider of construction services that procures the product/material, certifying compliance with Buy America Build America requirements. This does not include products/materials for which waivers have been granted pursuant to 23 CFR 635.410. The City/Company shall provide to the Commission all Buy America compliance documents as outlined in the Commission’s Engineering Policy Guide 643. All required compliance documents shall accompany the final invoice submitted to the Commission.&lt;br /&gt;
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===643.2.12.2 Master Reimbursable Utility Agreements===&lt;br /&gt;
The UT01: Master Reimbursable Utility Agreement (MRUA) is a statewide agreement that has been executed by the utility owner and the Commission for all future reimbursable utility adjustments between both parties. Once a MRUA is executed, no other utility agreements are required on design-bid-build projects. The district utilities staff should encourage utility owners to enter into a MRUA with the Commission to reduce potential future delays in executing a project specific agreement. A list of previously executed Master Reimbursable Utility Agreements is available. District utilities staff should add newly executed agreements to this list. The MRUA can be employed as either an actual cost (EPG 6432.12.3.1) or lump sum (EPG 643.2.12.2.2) agreement. When the reimbursable adjustment will utilize a MRUA, the district utilities staff will prepare a MRUA correspondence letter (“letter agreement”) referencing the executed MRUA. A copy of the MRUA correspondence letter should be saved in MoProjects for reference by Financial Services, the district construction office, and the district staff responsible for inspection of utility adjustments. All project specific items such as type of agreement (actual cost or lump sum), plan of adjustment, estimated total cost, cost allocation, and schedule are addressed in the MRUA correspondence letter from the district utilities staff to the utility owner. A flowchart of the MRUA process is available.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.3 Project Specific Agreements===&lt;br /&gt;
If a utility owner does not have a MRUA with the Commission, a project specific agreement will be required for every project for which the Commission is responsible for the necessary adjustments to allow highway construction. The project specific agreement will be either an actual cost (EPG 643.2.12.3.1) or lump sum (EPG 643.2.12.3.2) agreement.&lt;br /&gt;
&lt;br /&gt;
====643.2.12.3.1 Actual Cost Agreements====&lt;br /&gt;
The UT03: Utility Agreement – Actual Cost is used when detailed estimates are not practical or costs appear to be questionable. Details on actual cost estimates can be found at EPG 643.2.9.2.1 Actual Cost Estimates. Once the final invoice on a UT03 is submitted to Financial Services, district utilities staff should change the status on the agreement in eAgreements to completed.&lt;br /&gt;
&lt;br /&gt;
====643.2.12.3.2 Lump Sum Agreements====&lt;br /&gt;
The UT02: Utility Agreement – Lump Sum eliminates the need for keeping detailed records of cost and the auditing of cost records. Estimates of cost must be prepared in detail for use of this agreement. When detailed estimates are not practical or costs appear unreasonable, actual cost agreements are to be used. Use of special forms of agreements, such as &amp;quot;subordination agreements&amp;quot;, which are desired by certain utility owners, is acceptable. These, too, must be revised to cover the particular situation. Details on lump sum estimates can be found at EPG 643.2.9.2.2 Lump Sum Estimates. Once the final invoice on a UT02 is submitted to Financial Services, district utilities staff should change the status on the agreement in eAgreements to “completed”.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.4 Agreement for Utility Work Included in Roadway Improvement Project===&lt;br /&gt;
The UT04: Utility Agreement - Actual Cost (For Utility Work That is to be Included in the Missouri Highways and Transportation Commission&#039;s Road Project) allows for the adjustment to be based on actual cost with the roadway contractor performing the utility work. Caution should be exercised in the type of utilities to be relocated in roadway contracts. Utilities recommended are waterlines and sewer lines. Other utilities, such as gas lines, communication lines, and power lines are to be studied thoroughly before being included in the project.&lt;br /&gt;
&lt;br /&gt;
The Transportation Project Manager and district utilities staff must plan ahead to get this work in the roadway contract. The utility owner must agree to include the utility adjustment in the roadway contract. The adjustment may be on highway right of way or on private easement in the name of the utility owner. The utility owner can agree to allow MoDOT’s contractor to work in its easement. However, district utilities staff in consultation with district right of way staff should review the easement documentation to verify the utility owner’s rights to the easement and any limitations on its use. MoDOT’s contractor can work and operate on both Commission right of way and on the utility easement, even when not directly connected to the Commission right of way, as part of the job site. Temporary construction easements may be necessary in addition to the utility easement to ensure adequate working room for the contractor.&lt;br /&gt;
&lt;br /&gt;
:The utility owner may request exemption to any liability for negligence of our contractor working on their easement. The Commission can assume that liability (refer to Acceptance of Liability Policy), but it should be included in the utility agreement if so desired by the utility owner. A Job Special Provision is necessary to require the MoDOT contractor to hold the utility harmless from all claims due to contractor negligence.&lt;br /&gt;
&lt;br /&gt;
Subsurface information, i.e. boring data, etc., should be obtained by the utility owner since it may be needed for the design of the utility adjustment. This information should be included in the plans. If the utility owner must bear all or part of the cost of the adjustment, the utility owner must agree to pay a pre-deposit to the Commission prior to opening bids on the project. This should be in the utility agreement. The pre-deposit will be credited to the &amp;quot;Missouri Highway and Transportation Commission - Local Fund.&amp;quot; Any interest earned in the fund will apply to the cost of the adjustments. The utility agreement will include language that the utility will inspect the installation and assume maintenance of the utility facility after construction. MoDOT will also provide engineering supervision to be sure the road contractor is in compliance with the contract. Utility plans and specifications are to be approved by the owner prior to submittal to the Central Office. The following items will provide minimum information to allow MoDOT’s contractor to bid the work.&lt;br /&gt;
# Individual bid items (not &amp;quot;lump sum&amp;quot;) should be established to promote better bidding and to handle overruns and underruns. Bid items not included on the Computer Stored Bid Item list should be &amp;quot;99&amp;quot; numbers.&lt;br /&gt;
# he bid package must be in our letting format. If the package was prepared by a consultant as if the utility owner were going to let it, all bid bond or bidding procedures must be screened to remove requirements contrary to MoDOT letting requirements. District utilities staff should work with the Transportation Project Manager, Design Liaison Engineer, and Central Office Bidding and Contract Services to ensure this requirement is met.&lt;br /&gt;
# The specifications required by the utility owner should be reviewed for items that could cause a bid problem for our contractor. Items such as non-readily available materials or sizes should be avoided.&lt;br /&gt;
# Utility plan sheets should be .pdf files equivalent to 22 in. x 34 in. It is helpful to have a quantity sheet specifically for utility items.&lt;br /&gt;
# Any special procedures required for the utility installation should be included in the Job Special Provisions.&lt;br /&gt;
# The utility package should be submitted on-time to Central Office with other project plans.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.5 Agreement for a Utility Only Project===&lt;br /&gt;
Any of the above agreements can be modified for a utility only project separate from the roadway project. The utility only project may be done by forces hired by the utility owner or by the Commission. A separate utility only project has distinct advantages when the following occurs:&lt;br /&gt;
* The utility work is extensive&lt;br /&gt;
* It must be performed in accordance with the utility owner’s seasonal requirements&lt;br /&gt;
* It extends beyond the limits of the construction project&lt;br /&gt;
* It must be performed considerably in advance of the roadway contract&lt;br /&gt;
&lt;br /&gt;
Necessary environmental and design work is still required for the limits of the separate utility only project. It may be necessary in these cases to have a second agreement with the utility owner to cover any other work that must be performed concurrently with the roadway contract. These latter agreements will use the roadway construction job number. Early need for utility projects is to be determined at the time when the STIP is updated each year. The utility construction funds will be shown in the year right of way funds are assigned. This will be done whenever possible to secure early adjustment of utility facilities. A request by the district is sent to the Planning Division. Estimated dollar amounts for utility adjustments are needed. These are estimates and do not need to be extremely accurate. When a special utility project is established, it is preferred, if at all possible, to include all the utility adjustments necessary for the entire roadway project. If funds are available, additional agreements can be added to this utility project until the final invoice for the first completed agreement is received for payment.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.6 Supplemental Agreements===&lt;br /&gt;
For utility owners with a UT01 agreement, a supplemental letter agreement documenting the change in the scope or cost of the work is acceptable.&lt;br /&gt;
&lt;br /&gt;
The UT05: First Supplemental Agreement is used to document changes to UT02 and UT03 agreements. If changes to the scope of work occur that are anticipated to exceed $100,000 or 15% of the original agreement, a UT05 is required. If the final invoice on an actual cost adjustment without changes in the scope of work exceeds the limits shown in the table below, a UT05 is required.&lt;br /&gt;
&lt;br /&gt;
{| class=&amp;quot;wikitable&amp;quot; style=&amp;quot;margin-left: 25px; text-align:center&amp;quot;&lt;br /&gt;
! Amount in Original Actual Agreement !! Final Bill Total Exceeds Original Amount by:&lt;br /&gt;
|-&lt;br /&gt;
| 0-$25,000 || 50%&lt;br /&gt;
|-&lt;br /&gt;
| $25,000-$100,000 || 40%&lt;br /&gt;
|-	&lt;br /&gt;
| Exceeds $100,000 || 30%&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
Should multiple UT05s be required with the same utility owner, the UT05 should be modified for additional supplemental agreements. Once the final invoice on an UT05 is submitted to Financial Services, district utilities staff should change the status on the agreement in eAgreements to “completed”.&lt;br /&gt;
&lt;br /&gt;
==643.2.13 Utility Adjustments in Roadway Plans and Job Special Provisions (JSPs)==&lt;br /&gt;
It is the responsibility of the MoDOT Transportation Project Manager (TPM) to ensure utility plans of adjustment are shown on the project plans at the Plan, Specification, and Estimate (PS&amp;amp;E) stage based upon information coordinated by the district utilities staff with the appropriate utility owner.&lt;br /&gt;
&lt;br /&gt;
===643.2.13.1 Plans===&lt;br /&gt;
A legend showing all applicable utility symbols and the names of the utility owners is shown on the first special utility sheet. In the absence of special utility sheets, this information may be shown on the title sheet or the first plan and profile sheet. The following note is required to be placed on the title sheet or the first plan and profile sheet and the first special utility sheet (if used) to inform contractors of the suitability of the utility information contained on the plans.&lt;br /&gt;
&lt;br /&gt;
&amp;quot;The existence and approximate location of utility facilities known to exist, as shown on the plans, are based on the best information available to the Commission at this time. This information is provided by the Commission &amp;quot;as-is&amp;quot; and the Commission expressly disclaims any representation or warranty as to the completeness, accuracy, or suitability of the information for any use. Reliance upon this information is done at the risk and peril of the user, and the Commission shall not be liable for any damages that may arise from any error in the information&amp;quot;.&lt;br /&gt;
&lt;br /&gt;
===643.2.13.2 Job Special Provisions===&lt;br /&gt;
Since the addition of utility information on the plans, supplied by a third party, could subject the Missouri Highway and Transportation Commission to additional liability, a Utility JSP reflecting the status of utility adjustments will be required. The JSP will include the name, address, e-mail address, and telephone number of all utility owner representatives for all utility facilities located on the project. The anticipated adjustment completion date for each utility adjustment is also to be shown based on the agreed upon dates, durations, or completion dates with the utility owner’s representative. This information will inform the bidder of the status of utilities for proper work coordination that could affect the bids for the proposed highway construction project. Status notations will include general notations such as: “N/A”, “Work is in progress”, “Work has not started”, “Work is complete”, and “Work is included in contract.”&lt;br /&gt;
&lt;br /&gt;
===643.2.13.3 PS&amp;amp;E Submittal===&lt;br /&gt;
In the District Final Plans Submittal Checklist (D-12), the TPM should note any issues related to existing utility facilities or the adjustment of utility facilities either shown or not shown on the plans. Projects with “No Utility Impacts” such as some overlays, striping, bridge washing, etc. do not need a Utility Status Letter or Utility JSP. The D-12 is used for these projects. In the D-12, under Project Details – “Utilities”, the note “NO” is selected and under “Status”, select “Clear”. For all other projects, the district utilities staff will write a Utility Status Letter. The TPM will include the Utility Status Letter with the submittal of the final plans to the Design Division. The Utility Status will be defined as:&lt;br /&gt;
# Utility facilities are present, but no conflict is anticipated with the highway construction project. Or,&lt;br /&gt;
# All utility facilities requiring adjustment to allow highway construction have been physically adjusted on the project. Or,&lt;br /&gt;
# Utility construction work is planned or active and will be completed to such a point that no impact will be expected to the highway construction project. The status of this work is defined in the utility JSP. Or,&lt;br /&gt;
# Utility facilities are not expected to be adjusted by the notice to proceed date for the road project, but the utility work will have no impact on the progress of the highway construction project. The status of this work is defined in the utility JSP. Or,&lt;br /&gt;
# Utility facilities must be adjusted after the road contractor completes stage construction or in coordination with the contractors’ work. Details of the coordination effort required of the contractor are defined in the utility JSP to properly advise bidders. Or,&lt;br /&gt;
&lt;br /&gt;
# Utility adjustment plans and specifications are included in the bid documents for the highway construction project. A UT04 agreement must be executed.&lt;br /&gt;
&lt;br /&gt;
==643.2.14 Payment to Utility Companies for Reimbursable Work==&lt;br /&gt;
Authorization and federal funding obligation must be approved prior to incurring costs. This applies to all types of work on utility facilities including preliminary engineering. An obligation is a commitment by the federal government to reimburse MoDOT for the federal share of a project’s eligible cost.&lt;br /&gt;
&lt;br /&gt;
===643.2.14.1 Obligation Process===&lt;br /&gt;
Federal funding can be used with both lump sum and actual cost agreements. After the utility agreement is fully executed, the district utilities staff will email a copy of the utility agreement or the letter agreement referencing the MRUA to the email group OBLIGATE. This email should request the authorization authority for use of federal funds and to be informed of a Notice to Proceed (NTP) (see EPG 643.2.15) date by Financial Services once federal funding has been obligated. District utilities staff should allow three (3) weeks to receive the NTP. Financial Services will use Advance Construction (AC) funding to fund reimbursement to utility owners. With AC funding, state funds initially are used to pay for reimbursement to utility owners. Once construction is complete, with appropriate documentation of the work via the C-9 and C-13, Financial Services will convert to federal funding.&lt;br /&gt;
&lt;br /&gt;
===643.2.14.2 Preliminary Engineering===&lt;br /&gt;
On occasion, preliminary engineering (PE) may need to be undertaken by the utility owner prior to the execution of a utility agreement. If a utility owner has a MRUA, an estimate of the cost of the PE work by the utility owner may be used to obligate funding for preliminary engineering under the MRUA as a PE only letter agreement. If a lump sum or actual cost agreement will be required with the utility owner for the project, district utilities staff should do two (2) agreements with one agreement covering PE only, and once a design for the adjustment is obtained, a second agreement for the construction of the adjustment should be executed. If a separate PE only agreement is obtained, NTP will need to be issued twice to the utility owner: once for PE and once for construction.&lt;br /&gt;
&lt;br /&gt;
===643.2.14.3 Right of Way===&lt;br /&gt;
Once Notice to Proceed has been given, the utility owner may begin the right of way acquisition process. If the utility owner needs to acquire right of way prior to a full agreement for relocation has been negotiated, the agreement specifically for the acquisition of right of way should be executed. This agreement will be sent to Financial Services to begin the obligation process.&lt;br /&gt;
&lt;br /&gt;
===643.2.14.4 Construction===&lt;br /&gt;
Payment to utility owners for construction of the adjustment may occur in a number of phases.&lt;br /&gt;
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====643.2.14.4.1 Prepayment====&lt;br /&gt;
Per the utility agreement, the Commission allows utility owners to be prepaid prior to commencing work. The district utilities staff may negotiate the prepayment if the utility owner is receptive. The utility owner will submit a request for prepayment with an invoice prior to any prepayment. Route, county, and job number must be included in the request. The district utilities staff will submit a request to Financial Services with a copy saved in MoProjects for future reference by the district staff responsible for inspection of the utility adjustment.&lt;br /&gt;
&lt;br /&gt;
====643.2.14.4.2 Progress Payments====&lt;br /&gt;
If a utility owner has not been prepaid the entire estimated amount in the utility agreement, then the utility owner may request progress payments after completing a portion of the proposed work, including PE.&lt;br /&gt;
&lt;br /&gt;
Progress payments for PE by consultants should not exceed the &amp;quot;maximum not to exceed amount&amp;quot; shown in the cost estimate unless additional costs are approved first by district utilities staff.&lt;br /&gt;
&lt;br /&gt;
For progress payments, the utility owner is required to submit only a summary of work and materials for which payment is claimed, not a detailed billing. District utilities staff should check only to be sure that sufficient work has been done to justify making the requested payment. Payment should be made for allowable costs incurred up to the date of the progress payment request.&lt;br /&gt;
&lt;br /&gt;
Progress payment invoices do not relieve the utility owner of the responsibility of submitting one complete and final invoice upon completion of the adjustment. The utility owner’s address must be shown on the invoice. The district utilities staff should submit progress payment invoices and applicable C-9s to Financial Services within one (1) week of receipt of invoice.&lt;br /&gt;
&lt;br /&gt;
One copy of the progress payment and one copy of the district utilities staff letter of recommendation must be sent to Financial Services for payment and be stored in MoProjects. The cover memo should include the project number, route, county, actual cost or lump sum utility agreement, Commission obligation percentage, total cost estimate of Commission obligation, and indicate the progress payment number, i.e., progress payment number 1, 2, 3, etc. If more than one progress payment is requested by the utility company, the district should submit progress payment bills to Financial Services in the following format:&lt;br /&gt;
{| class=&amp;quot;wikitable&amp;quot; style=&amp;quot;margin-left: 25px; text-align:center&amp;quot;&lt;br /&gt;
! Payment !! Amount&lt;br /&gt;
|-&lt;br /&gt;
| Progress Payment #1 || $50,000&lt;br /&gt;
|-&lt;br /&gt;
| Progress Payment #2 || 10,000&lt;br /&gt;
|-	&lt;br /&gt;
| Total Payment to Date || $60,000&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
This format will help clarify payment history with the utility owner. Progress payments for actual cost utility agreements may not exceed the Commission&#039;s total estimated cost shown in the agreement. However, if the request for a progress payment exceeds the original estimate, a change order with explanation should accompany the request. (See EPG 641.2.16.5 Change Orders.)&lt;br /&gt;
&lt;br /&gt;
====643.2.14.4.3 Final Payment====&lt;br /&gt;
Utility owners are required to submit a detailed final invoice to MoDOT for all actual cost reimbursable utility work and for any lump sum reimbursable utility work that was not prepaid. For prepaid lump agreements, the utility owner must submit a zero-dollar ($0) invoice to demonstrate the work has been completed. After the utility work has been fully completed, the district utilities staff responsible for inspection should send the utility owner a “60 Day” Final Acceptance Letter requesting a complete final invoice within 60 days, as detailed in the utility agreement. If the final invoice is not received from the utility owner within 30 days, then a follow up letter should be sent (i.e., “30 Day” Reminder Final Invoice Letter) reminding the utility owner of its obligation to submit a final invoice within 60 days of the completed work. If a final invoice from the utility owner is not received within this timeframe, then the district utilities staff should contact the Design Liaison Engineer for guidance on how to close out the work.&lt;br /&gt;
&lt;br /&gt;
The district utilities staff is expected to check the final bill within two (2) weeks after receipt in as much detail as possible against the C-9. It is their responsibility to verify from field records the quantities of labor, equipment, material used, material retired, and to justify all changes made. If the utility owner’s contractor made the adjustment at unit cost prices, then it is the district utility staff’s responsibility to verify the number of units completed and not the hours of labor and equipment. It is also important for the utility owner to show the words “final bill” or “final invoice” on the last bill, in order for MoDOT to understand that no additional charges will be made on the adjustment. The final bill must show a general description of the utility adjustment, the highway project number, the date on which work was completed or last item of billed expense was incurred, and the location where records can be audited. The order of items in the final statement should follow as closely as possible the order of items in the original estimate. A summary, on the utility owner’s letterhead, of the total cost of preliminary engineering, construction engineering, right of way, labor, overhead, construction travel expense, transportation, equipment, materials, supply, handling, and salvage credits should be shown in a way that will permit direct comparison with the approved estimate from the original or supplemental agreements (see EPG 643.2.12.6).&lt;br /&gt;
&lt;br /&gt;
If the Actual Cost final invoice shows a much higher cost than the original estimate without scope change, the utility owner is required to give reasons in a letter to the district utilities staff explaining why the invoice cost increased. When the Actual Cost final invoice exceeds the amount shown in the table in EPG 643.2.12.6, a supplemental agreement is required.&lt;br /&gt;
&lt;br /&gt;
When the district utilities staff has determined that the final invoice is accurate, the C-13 should be completed. Once the C-13 is completed, the C-13 and the final invoice from the utility owner are forward to Financial Services. For Actual Cost agreements, the C-9s should also be included in this transmittal. If no additional payments are required, the district utilities staff should note this in the transmittal as well. If the final invoice indicates previous payments to a utility owner exceeded the final invoice, the utility owner will need to send MoDOT a check for the overpayment amount. The check should be made payable to Director of Revenue – Credit State Road Fund. If the utility owner did not send MoDOT an overpayment check with the final invoice, district utilities staff should send a letter to the utility owner requesting the refund amount. Submittal of the final invoice to Financial Services should not occur until repayment has been received. The submittal to Financial Services should note the receipt of the repayment check.&lt;br /&gt;
&lt;br /&gt;
==643.2.15 Notice to Proceed==&lt;br /&gt;
For PE only, once an agreement has been executed, and Financial Services has advised that authorization from FHWA has been received, district utilities staff will issue a notice to proceed (NTP) letter to the utility owner for the PE. For agreements that include PE and construction or once a final agreement for construction has been executed, right of way clearance has been issued, and Financial Services has advised that authorization from FHWA has been received, the district utilities staff will issue NTP to the utility owner for construction. See Example of Notice to Proceed Letter. If salvage credit is part of the agreement with the utility owner, the NTP letter should include a statement that the utility owner will need to inform district utilities staff of the time and place that inspection may be made of the removed material. The utility owner may be held accountable for full value of materials disposed without proper notice. Utility owners may purchase materials prior to NTP for construction; however, no other work on the adjustment necessary to allow highway construction may begin prior to NTP for construction. The utility owner, for reasons of planning their workload or due to seasonal situations, may request early authorization to perform the work. This request, with the district utilities staff recommendations, is sent to the Design Liaison Engineer for further handling, approval, and advancement of the necessary funds. A copy of the NTP should be saved in MoProjects. If a utility owner begins adjustments prior to NTP for construction, district utilities staff should notify the utility owner immediately in writing that reimbursement will not be made for work done prior to NTP for construction.&lt;br /&gt;
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==643.2.16 Construction of Utility Adjustments==&lt;br /&gt;
===643.2.16.1 Utility Owner Self-Perform===&lt;br /&gt;
As per 23 CFR 645.115 Construction, it may be cost-effective for certain utility adjustments to be performed by a utility owner with its own internal forces and equipment, provided the utility owner is qualified to perform the work in a satisfactory manner. This cost-effectiveness finding covers minor work on the utility owner’s existing utility facilities routinely performed by the utility owner with its own forces.&lt;br /&gt;
&lt;br /&gt;
===643.2.16.2 Construction Contract Requirements===&lt;br /&gt;
When the utility owner is not adequately staffed and equipped to perform such work with its own forces and equipment at a time convenient to coordination with the associated highway construction, such work may be done one of four ways for utility adjustments:&lt;br /&gt;
# MoDOT can provide the construction services, via awarded contract to the lowest qualified bidder based on appropriate solicitation. This can be done by including the adjustment work in the roadway improvement project (EPG 643.2.12.4 Utility Agreement for Utility Work Included in Roadway Improvement Project) or by having a utility only project (EPG 643.2.12.5 Utility Only Project).&lt;br /&gt;
# The utility owner can award a construction contract to the lowest qualified bidder based on appropriate solicitation.&lt;br /&gt;
# The utility owner can utilize an existing continuing contract, provided the costs are reasonable (see EPG 643.2.9.1 Independent Cost Estimate).&lt;br /&gt;
# The utility owner can contract for low-cost incidental work, such as tree trimming and the like, without competitive bidding, provided the costs are reasonable (see EPG 643.2.9.1 Independent Cost Estimate).&lt;br /&gt;
&lt;br /&gt;
When a utility owner chooses option 2 to award its own new construction contract, the utility owner must provide the following documents and information to the district utilities staff. These documents need to be provided as soon as the utility owner has chosen to pursue a construction contract. Document 1 must be supplied by all utility owners. Documents 2 and 3 are only required when the utility owner is a local government agency who is also a political subdivision of the state of Missouri (e.g., city-owned utilities, county-owned utilities). All other utility owners are encouraged, but not required, to provide Documents 2 and 3.&lt;br /&gt;
# A statement that the utility owner is not staffed or able to perform the required construction activities with its own forces.&lt;br /&gt;
# A copy of the request for proposal used to secure bids.&lt;br /&gt;
# A list of a minimum of 3 bidders whom they believe can do the work. &#039;&#039;&#039;Political subdivisions are required to advertise for the work&#039;&#039;&#039;.&lt;br /&gt;
# Upon review of these documents, the district utilities staff will advise the utility owner to proceed with the solicitation of bids, but the utility owner will not be permitted to award the contract without the concurrence of district utilities staff. For lump sum agreements, approval of contract work and subcontract work is not required.&lt;br /&gt;
&lt;br /&gt;
The following documents need to be provided as soon as the utility owner has determined the lowest qualified contractor and would like to award the project. Document 1 must be supplied by all utility owners. Document 2 is only required when the utility owner is a local government agency who is also a political subdivision of the state of Missouri (e.g., city-owned utilities, county-owned utilities). All other utility owners are encouraged, but not required, to provide Document 2.&lt;br /&gt;
# The name address of the lowest qualified contractor.&lt;br /&gt;
# The tabulation of bids received and other information to support their recommendation for award to the lowest qualified bidder.&lt;br /&gt;
&lt;br /&gt;
The district utilities staff will review and approve the utility owner&#039;s bid information prior to the award of the contract. The Design Liaison Engineer is available to assist the district with review of bid information if necessary. Once the district utilities staff provides concurrence, the utility owner may proceed with awarding the contract. When the utility owner is a local government agency who is also a political subdivision of the state of Missouri (e.g., city-owned utilities, county-owned utilities), a copy of the executed contract must be shared with the district utilities staff. All other utility owners are encouraged, but not required, to provide a copy of the executed contract.&lt;br /&gt;
&lt;br /&gt;
A checklist is available for reviewing contracts to ensure the contract conforms to MoDOT policy and complies with applicable federal regulations.&lt;br /&gt;
&lt;br /&gt;
When a utility owner chooses to utilize a an existing continuing contract, the utility owner will submit a copy of the contract to the district utilities staff. The district utilities staff will review the contract for reasonableness of cost. If district utilities staff and the utility owner’s representative cannot agree on the reasonableness of cost, then the utility owner will be required to award a new construction contract.&lt;br /&gt;
&lt;br /&gt;
===643.2.16.3 Inspection===&lt;br /&gt;
The degree of inspection needed for utility adjustments will vary considerably with the nature and location of the work and whether the Commission is responsible for any portion of the cost of reimbursement. Judgment must be used regarding the manner and regularity of inspection duties. Some phases of the work require a very close check to ensure that the highway will not be adversely affected and to ensure satisfactory performance of work in accordance with the agreement and plans. The degree of inspection may vary from spot checking of overhead installations to continuous close observation of backfilling trenches beneath proposed pavement, embankment area, or adjacent to bridge abutments. Proper inspection can ensure that the utility adjustment is completed as efficiently as possible to minimize future impacts to the utility facility and the highway construction project. A [https://epg.modot.org/forms/general_files/DE/UtilityFieldInspectionChecklist.docx Field Inspection Checklist] to assist district utilities staff responsible for inspection is available.&lt;br /&gt;
&lt;br /&gt;
If it is found that any actual cost reimbursable utility adjustment is being performed by unapproved contractors, district utilities staff should direct the work to stop. The utility owner’s representative should be informed immediately and should be advised in writing that the costs incurred by an unapproved contractor are not eligible for reimbursement under provisions of the agreement. The district utilities staff can take appropriate steps to approve a subcontract and advise when the utility owner can recommence work.&lt;br /&gt;
&lt;br /&gt;
===643.2.16.4 Documentation===&lt;br /&gt;
All documents related to the construction of the utility adjustment necessary to allow highway construction should be stored in MoProjects.&lt;br /&gt;
&lt;br /&gt;
Construction records must be kept to confirm that work is done in accordance with the terms of the agreement and in the manner proposed in the plans. The importance of a complete and accurate record cannot be overemphasized. Detailed records are necessary to support the recommendation for payment of the final invoice. A complete, separate daily record must be kept on each actual cost adjustment and submitted for review when the final invoice is recommended for payment. This district utilities staff responsible for inspection should complete the Daily Utility Report (C-9).&lt;br /&gt;
&lt;br /&gt;
====643.2.16.4.1 Utility Reports====&lt;br /&gt;
The Daily Utility Report ([https://epg.modot.org/forms/general_files/DE/C-9.docx Form C-9]) and the Final Utility Report ([https://epg.modot.org/forms/general_files/DE/C-13.docx Form C-13]) are used for documenting utility adjustments necessary to allow highway construction. The use of C-9s and C-13s will vary with method of reimbursement. For utility adjustments necessary to allow highway construction that overlap with the highway contractor’s work, progress records should be kept as necessary to coordinate the highway and utility construction activities. Sufficient records must be maintained to check and verify the items of labor, equipment, materials, and salvaged items as submitted on the final invoice.&lt;br /&gt;
&lt;br /&gt;
=====643.2.16.4.1.1 Daily Utility Report (C-9)=====&lt;br /&gt;
C-9s are only required for actual cost agreements. The district utilities staff responsible for inspection must in all cases keep records to document inclement weather, down time, and verbal authorization for minor changes. The district utilities staff responsible for inspection must complete a C-9 documenting the number and classification of employees and number of hours worked. Records of material used and of retired materials returned to stock or scrapped must be kept. The utility owner’s major items of equipment must also be recorded. When work is done by the contract method based on unit prices, the district utilities staff responsible for inspection should ascertain that units of work as provided in the bid proposal are measured and recorded to form a basis for checking the final invoice. C-9s should list the location and the number of units of work accomplished for that period. If contract labor or equipment is used by a utility owner on the basis of a bid per hour, per day, etc., it will be necessary to keep records on this labor or equipment time in the same manner as if the utility owner were performing the work with its own internal forces. District utilities staff responsible for inspection should also note all contractors working for the utility owner and the contractor approval authorization dates given in the agreement.&lt;br /&gt;
&lt;br /&gt;
=====643.2.16.4.1.2 Final Utility Report (C-13)=====&lt;br /&gt;
C-13s summarize that the utility adjustment work that was done in accordance with the agreement and plans, the percentage of total cost that is the responsibility of the Commission, and any progress payments that have been made. A C-13 is required for both actual cost and lump sum agreements. The requested numbers shown on line 9 (Commission Estimated Cost) and line 10 (Amount of Final Bill) in the report are the Commission’s total responsibility.&lt;br /&gt;
&lt;br /&gt;
====643.2.16.4.2 Breakdown and Emergency====&lt;br /&gt;
When breakdown and emergency situations occur, prior approval by MoDOT is not required for contract or equipment rental work unless the cost or period of time will be extensive. The utility owner should furnish a letter as soon as possible to explain the situation and set out the estimated costs involved. The district utilities staff’s records should substantiate the need and the changes for personnel and equipment.&lt;br /&gt;
&lt;br /&gt;
====643.2.16.4.3 Stop Work====&lt;br /&gt;
If at any point, a stop work order is given by MoDOT to a utility owner, written documentation of the stop work order should be saved in MoProjects.&lt;br /&gt;
&lt;br /&gt;
===643.2.16.5 Change Orders===&lt;br /&gt;
Any change in the plan of adjustment should be documented in writing to the utility owner as a change order. If the change order is anticipated to exceed $100,000 or 15% of the original agreement amount, district utilities staff should negotiate a supplemental agreement with the utility owner’s representative. Once a supplemental agreement is in place, district utilities staff should contact Financial Services to obtain an adjustment of the obligation mid-project. Change orders without supplemental agreements will be settled once the project is complete.&lt;br /&gt;
&lt;br /&gt;
====643.2.16.5.1 Actual Cost Agreement====&lt;br /&gt;
Slight modifications in quantities or the addition of minor items not included with the original agreement do not require a supplemental agreement. However, such changes should be documented in writing with the utility owner. A supplemental agreement is needed if costs exceed the above threshold or if there is a change in the percentage of cost that is the Commission’s responsibility on an agreement with shared responsibility for costs. Intermediate partial payments cannot be made on items in a supplemental agreement until the supplemental agreement is approved.&lt;br /&gt;
&lt;br /&gt;
====643.2.16.5.2 Lump Sum Agreement====&lt;br /&gt;
A supplemental agreement to a Lump Sum Agreement is only required for significant changes in the scope of work of the utility adjustment necessary to allow highway construction. Normal overruns are not considered as changes in approved work and will not be reimbursed. Significant changes in the scope of work on utility adjustments necessary to allow highway construction cannot be done until the supplemental agreement is approved, and the adjustment in obligation of funds is complete.&lt;br /&gt;
&lt;br /&gt;
==643.2.17 Utilities during Highway Construction==&lt;br /&gt;
The contractor is responsible for having utilities located by contacting Missouri One-Call (811) prior to any excavation on the project. A reminder of this responsibility should be made at the preconstruction meeting.&lt;br /&gt;
&lt;br /&gt;
===643.2.17.1 Preconstruction Meeting (Pre-Con)===&lt;br /&gt;
District utilities staff should be invited to all pre-cons.&lt;br /&gt;
&lt;br /&gt;
Pre-cons fall into three categories relating to utilities:&lt;br /&gt;
# No utility adjustments are anticipated within the project limits,&lt;br /&gt;
# All utility adjustments completed prior to the pre-con, and&lt;br /&gt;
# All utility adjustments not completed prior to the pre-con.&lt;br /&gt;
&lt;br /&gt;
====643.2.17.1.1 No Utility Adjustments Anticipated within the Project Limits====&lt;br /&gt;
For projects without a Utility Job Special Provision (JSP), no involvement of the utility owners is required at the pre-con. For projects with a Utility JSP, the Resident Engineer (RE) should invite all utility owner representatives listed in the JSP with known required adjustment to the pre-con. The RE should review potential impacts of the highway construction project with the contractor and the utility owner.&lt;br /&gt;
&lt;br /&gt;
====643.2.17.1.2 All Utility Adjustments Completed Prior to the Pre-Con====&lt;br /&gt;
The RE should invite all utility owner representatives listed in the JSP with known required adjustment to the pre-con. The RE should review potential impacts of the highway construction project with the contractor and the utility owner. A general discussion should highlight the previous adjustments made by the utility owner and what abandoned utility facilities the contractor may encounter.&lt;br /&gt;
&lt;br /&gt;
====643.2.17.1.3 All Utility Adjustments Not Completed Prior to the Pre-Con====&lt;br /&gt;
It is important for the RE and inspector to understand the utility owner’s work schedule and how it relates to the contractor’s work schedule. During the pre-con, the schedule of the utility owner and highway construction contractor should be discussed, and conflicts should be addressed to allow utility adjustments and highway construction to progress as near to the proposed schedule as possible. On large-scale projects that have many utility issues to address that could impact the work of the highway construction contractor, it may be necessary to have a separate pre-con with utility owner representatives.&lt;br /&gt;
&lt;br /&gt;
===643.2.17.2 Coordination Meetings===&lt;br /&gt;
When the utility work will not be completed soon after the preconstruction meeting, the RE should meet with district utilities staff, the highway construction contractor, and the utility owner representatives on a regular basis to discuss utility coordination issues, so expectations from all parties are known and conveyed clearly. The utility owner may need some work performed by MoDOT or the highway construction contractor prior to completing their adjustments. (Examples include: survey staking of right of way or proposed facilities, trees cleared, grading performed, or new structures built).&lt;br /&gt;
&lt;br /&gt;
==643.2.18 Service Drops==&lt;br /&gt;
Power and communication services provided by utility owners are necessary for the operation of the highway system. These services may include power to traffic signals, lighting, or ITS devices; power for cathodic protection; or telecommunication services to signal controllers or ITS devices. The project design teams should work with district utilities staff to identify proper locations for the applicable utility owners to provide these services. Various utility owners have different requirements for this process. The district utilities staff is encouraged to develop a workable relationship with the utility owners who provide these services to MoDOT. The costs of installing the services charged by the utility owner are considered a non-contractual item and should be accounted for in the project’s budget in the STIP. The proposed location and method for the service drops should be shown on the roadway plans. District utilities staff should meet with the utility owner’s representative to ensure the proposed location can be accommodated by the utility owner. For electrical service connections, the power supply assembly is ideally located a maximum of ten feet (10’) from the source location. Plans submitted for PS&amp;amp;E should reflect the agreed upon location for all service connections. During construction, district utilities staff and district construction staff should work together to ensure the placement of the services is consistent with the project plans. Payment for the service drops should be invoiced by the utility owner to the district. District utilities staff is responsible for submission of the invoice directly to Financial Services for payment noting the non-contractual charges for the project.&lt;br /&gt;
&lt;br /&gt;
==643.2.19 Buy America Build America for Utilities==&lt;br /&gt;
FHWA’s Buy America Build America (BABA) policies require a domestic manufacturing process for all steel or iron products, other construction materials, and manufactured products that are permanently incorporated into Federal-Aid Highway construction projects, including products and materials used for adjustments to utility facilities to allow highway construction. These guidelines are for all federally reimbursable transportation projects where FHWA is the lead federal agency; it does not take precedence over projects where Federal Transit Administration or the Federal Railroad Administration is deemed the be the lead federal agency.&lt;br /&gt;
&lt;br /&gt;
===643.2.19.1 Program Requirements for Utilities===&lt;br /&gt;
All MoDOT projects are federal-aid projects, and therefore, all reimbursable utility adjustments are required to follow the provisions of BABA. More information on MoDOT’s BABA policy and procedures can be found in [[106.9_Buy_America_Requirement|EPG 106.9 Buy America Requirement]]. Specifically, utility owners should be aware of the following procedures for determining applicability of the EPG 106.9 requirements to reimbursable utility adjustments necessary to allow highway construction:&lt;br /&gt;
* BABA does not apply when materials are relocated from one location to another within the project limits.&lt;br /&gt;
* BABA does not apply for materials necessary for temporary utility adjustments assuming materials are removed from the right of way upon completion of the utility adjustment to allow highway construction.&lt;br /&gt;
* Non-reimbursable work must be kept separate from reimbursable work (agreements, permits, etc.) in order to not be subject to BABA.&lt;br /&gt;
&lt;br /&gt;
===643.2.19.2 Certification Requirements for Utilities===&lt;br /&gt;
Utility owners have the option of choosing either to self-certify BABA compliance or provide vendor/manufacturer certification to MoDOT. The method of certification is chosen by the utility owner and is documented in either the MRUA or the project specific agreement. Regardless of agreement type or certification method, the utility owner must be compliant with BABA requirements.&lt;br /&gt;
&lt;br /&gt;
====643.2.19.2.1 BABA Utility Owner Self-Certification====&lt;br /&gt;
If a utility owner chooses to self-certify BABA compliance, the utility owner is not required to provide MoDOT copies of the supplier certification as part of the project documentation or with the final invoice for any reimbursable utility adjustment necessary to allow highway construction. Retention of all documents should be as described in the agreement.&lt;br /&gt;
&lt;br /&gt;
====643.2.19.2.2 BABA Vendor/Manufacturer Certification====&lt;br /&gt;
If a utility owner chooses to use vendor/manufacturer certification, the utility owner will supply MoDOT BABA compliance from all vendors and/or manufacturers. Certification from vendors will be signed by an authorized representative of the vendor on company letterhead or other acceptable documentation and will declare that all supplied materials subject to BABA requirements are fully compliant. Certification from iron or steel manufacturers must be in the form of a mill test report (MTF) issued and signed by the initial fabricator stating the materials subject to BABA were melted and manufactured in the United States. Other written statements on company letter or other acceptable documentation signed by an authorized representative of the manufacturer for any additional treatment to the fabricated material (such as blasting, galvanizing, painting, or coating) will state that all treatment processes occurred in the United States according to FWA guidelines. Retention of all documents should be as described in the agreement. Manufacturer certification for manufactured products or construction materials will state that all materials were sourced from the United States and were fabricated in the United States. Retention of all documents should be as described in the agreement.&lt;br /&gt;
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&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643.3 Reserved for Future Use &#039;&#039;PAGE TITLE&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;&lt;br /&gt;
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&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643.4 Railroads (NO CHANGE) &#039;&#039;PAGE TITLE&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;&lt;br /&gt;
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==236.5.12 Excess Land Conveyances &amp;amp; Relinquishments - Utilities==&lt;br /&gt;
All conveyances and relinquishments of Commission-owned property shall be evaluated for the existence of any utility facilities located within the areas to be conveyed or relinquished. A conveyance or relinquishment of Commission-owned property may have implications to the utility facilities, and the utility owners, when the Commission no longer controls the property. It is important to maintain the continuity of utility facilities for the general public; therefore, to identify and minimize potential impacts, MoDOT shall involve utility owners in the conveyance and relinquishment processes.&lt;br /&gt;
&lt;br /&gt;
===236.5.12.1 Excess Land Conveyances Utilities===&lt;br /&gt;
MoDOT shall only recommend that a property be declared excess upon satisfactorily addressing the utility impacts. Whether MoDOT or an external party initiates the conveyance of excess property, utility impacts shall be adequately addressed by using one of the following methods: &lt;br /&gt;
:1. Each utility facility will be relocated by permit into a new utility corridor retained by the Commission.&lt;br /&gt;
:2. Each utility facility will remain in place with the benefit of a non-exclusive permanent utility easement.&lt;br /&gt;
::&#039;&#039;If the Commission holds fee simple title to the property, the Commission shall convey a non-exclusive permanent utility easement to each utility owner&#039;&#039;.&lt;br /&gt;
::&#039;&#039;If the Commission holds a less than fee simple title interest in the property, MoDOT shall facilitate the conveyance of a non-exclusive permanent utility easement from the party acquiring the property to each utility owner&#039;&#039;.&lt;br /&gt;
:3. Each utility facility will be relocated to another portion of the property being conveyed.&lt;br /&gt;
::&#039;&#039;If the Commission holds fee simple title to the property, the Commission shall convey a non-exclusive permanent utility easement to each utility owner&#039;&#039;. &lt;br /&gt;
::&#039;&#039;If the Commission holds a less than fee simple title interest in the property, MoDOT shall facilitate the conveyance of a non-exclusive permanent utility easement from the party acquiring the property to each utility owner&#039;&#039;.&lt;br /&gt;
:4. Each utility facility will be relocated onto a portion of the property already owned by the party acquiring the Commission-owned property, with the benefit of a non-exclusive permanent easement. (MoDOT shall facilitate the conveyance of a non-exclusive permanent utility easement from the party acquiring the property to each utility owner.)&lt;br /&gt;
:5. A three-party negotiated settlement taking into consideration the overall value of the proposed transaction.&lt;br /&gt;
:6. Additional options to address utility impacts may be utilized with approval from the Asst. to the State Design Engineer - Right of Way.&lt;br /&gt;
&lt;br /&gt;
===236.5.12.2 Road Relinquishment Utilities===&lt;br /&gt;
MoDOT shall only recommend the relinquishment of roadways through the [[236.14 Change in Route Status Report|Change in Route Status Report]] upon satisfactorily addressing the impacts to utility facilities. If the roadway will be relinquished to a local public transportation authority, with the intent that it continues to be used as a public roadway, a clause similar to the following shall be included in the deed from the Commission to the local public transportation authority:&lt;br /&gt;
:&#039;&#039;&amp;quot;Grantee, by acceptance of this conveyance, covenants and agrees for itself, its successors and assigns, to allow known or unknown utility facilities currently located on the property, whether of record or not, to remain on the property, and to grant the current and subsequent owners of those facilities the right to maintain, construct and reconstruct the facilities and their appurtenances over, under, and across the land herein conveyed, along with the right of ingress and egress across the land herein conveyed to and from those utilities.&amp;quot;&#039;&#039; &lt;br /&gt;
&lt;br /&gt;
Proposed roadway relinquishments to private entities shall be reviewed in a manner consistent with the conveyance of excess property described in [[236.5 Property Management#236.5.3 Asset Management Committee|EPG 236.5.3 Asset Management Committee]].&lt;/div&gt;</summary>
		<author><name>Hoskir</name></author>
	</entry>
	<entry>
		<id>https://epg.modot.org/index.php?title=User:Hoskir/Revision_Request_4225&amp;diff=58859</id>
		<title>User:Hoskir/Revision Request 4225</title>
		<link rel="alternate" type="text/html" href="https://epg.modot.org/index.php?title=User:Hoskir/Revision_Request_4225&amp;diff=58859"/>
		<updated>2026-06-18T19:00:55Z</updated>

		<summary type="html">&lt;p&gt;Hoskir: /* 643.2.8.1.7 Second Moves */&lt;/p&gt;
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&lt;div&gt;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643 Utility Procedures  &#039;&#039;CATEGORY&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt; &lt;br /&gt;
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| &#039;&#039;&#039;&amp;lt;center&amp;gt;&amp;lt;u&amp;gt;Additional Resources&amp;lt;/u&amp;gt;&amp;lt;/center&amp;gt;&#039;&#039;&#039;&lt;br /&gt;
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| ● [https://www.ecfr.gov/current/title-23/chapter-I/subchapter-G/part-64523 CFR 645]&lt;br /&gt;
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| ● [https://www.sos.mo.gov/cmsimages/adrules/csr/current/7csr/7c10-3.pdf7 CSR 10-30]&lt;br /&gt;
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&#039;&#039;&#039;Utility Accommodation Policy:&#039;&#039;&#039; State DOTs are required to develop policies and procedures pertaining to the use, accommodation, and/or relocation of public and private utility facilities on highway rights-of way using Federal-aid highway funds. State DOTs are required to develop, maintain, and obtain FHWA approval of their Utility Accommodation Policy (UAP) (23 CFR section 645.215). This EPG article 643 and subarticles 643.1 through 643.3 are Missouri Department of Transportation (MoDOT)’s Utility Accommodation Policy. Text in EPG 643 consolidates various federal and state statutes and rules into a single, cohesive, workable policy to outline processes for MoDOT staff and utility owners.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Delegation of Work:&#039;&#039;&#039; Each MoDOT district is responsible for ensuring implementation of the UAP outlined in the subsequent EPG articles. Each district can create its own organization for whom is responsible for the work including between divisions and job titles. Work responsibilities within this article and subarticles are generic where possible. If a specific title is included, that title has sole responsibility for that item of work.&lt;br /&gt;
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&#039;&#039;&#039;643 documents not being used&#039;&#039;&#039;&lt;br /&gt;
[[media:144 Major Highway System 2022.pdf|major routes]]&lt;br /&gt;
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&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643.1 Utility Location  &#039;&#039;PAGE TITLE&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt; &lt;br /&gt;
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The information in this article provides a uniform system for regulating the location, construction, maintenance, removal, and relocation of utility facilities on the right of way of roadways located on the state highway system. It also provides for the facilitation of construction and maintenance of these roadways. Any location or relocation of utility facilities contrary to this information is an interference with the construction, maintenance, or operation of a state highway and its right of way and is prohibited.&lt;br /&gt;
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==643.1.1 Permits==&lt;br /&gt;
All utility owners are required to obtain a permit to work on Missouri Highway and Transportation Commission (Commission) right of way. A permit is required for original installation of the utility facility, on-going maintenance of the utility facility, or adjustments to a utility facility necessary to allow highway construction. Per [[127.29_Stormwater#127.29.4.3_MCM_3:_Illicit_Discharge_Detection_and_Elimination_(IDDE)_Program|EPG 127.29.4.3]], discharges of anything other than stormwater are not permitted. A deposit or bond is required to ensure completion of the work in accordance with the permit issued. An [https://www.modot.org/permits application for a permit] may be made on established forms specifically stating the nature of the work to be performed. Applications for permits may be obtained at any of the [https://www.modot.mo.gov/ seven (7) district highway offices] of the Commission, [https://www.modot.mo.gov/ MoDOT&#039;s website], or by requesting it from the office of the Missouri Highways and Transportation Commission in Jefferson City, Missouri. The application for a permit will specifically state the nature of the work to be performed, what specific type of utility facility is to be installed, and, if necessary, the timeframe of any temporary use. Piping of any type of sewage or waste will only be allowed providing any permitting by a regulatory agency, such as Missouri Department of Natural Resources, can be provided. Prior to obtaining a permit through MoDOT’s permit system, a utility owner will be required to provide a bond to ensure satisfactory work and complete a TR50 Electronic Signature Agreement with the Commission. The name of the utility owner must match on the bond, TR50, and in the permit system. More information on permitting can be found in [[:Category:941_Permits_and_Access_Requests|EPG 941]].&lt;br /&gt;
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===643.1.1.1 Emergency Work===&lt;br /&gt;
When emergency operations work is necessary, the damaged utility facility may be accessed immediately and without a permit by leaving the pavement at such points as may be necessary to effect emergency repairs, provided immediate notice is given to the Missouri State Highway Patrol and the district utilities staff for the district wherein the work will be performed, and a permit for emergency operations is requested immediately upon discovery of the need for emergency operations. A permit for emergency operations work is to be obtained as soon as practical, but in no event later than two (2) working days after the emergency operations work has commenced. Emergency operations include, but are not limited to, unplanned work in response to utility facilities being so damaged as to constitute an emergency situation directly affecting or endangering traffic on the highway or public health or safety.&lt;br /&gt;
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===643.1.1.2 Third-Party Inspection===&lt;br /&gt;
When a utility owner has a large number of projects in a given area or projects involving great complexity, MoDOT reserves the right to limit the number of permits open at any given time. With approval of the district utilities staff, a utility owner may hire a third-party inspector, at their cost. The third-party inspector will allow the utility owner to increase the number of permits open at any given time. The responsibility of the third-party inspector will be to ensure the installation of the utility facility proceeds in a manner consistent with the plans approved in the permit, including all work zone requirements and conformity with MoDOT’s Standards and Specifications. The MoDOT approved third-party inspector will be listed in the permit. MoDOT may audit third-party inspections and revoke the right to use third-party inspections should the inspectors fail to perform their duties.&lt;br /&gt;
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===643.1.1.3 Abandoned Utility Facilities===&lt;br /&gt;
All utility facilities installed in Commission right of way are the property of the utility owner whether the utility facility is active or inactive. MoDOT may allow a utility facility to remain on Commission right of way whether the utility facility was abandoned for a MoDOT project or at the utility owner’s discretion. MoDOT may place requirements (such as removing inactive fiber optic cables, grouting pipes, removing valves) on the utility owner as part of the process of abandoning a utility facility. Liability for damage to Commission right of way due to an abandoned facility remains the responsibility of the utility owner. In the event MoDOT requires the removal of the abandoned utility facility, responsibility for the cost of the removal will be determined per [[643.2_Local_Utility_Adjustments_-_Public_and_Private#643.2.8_Preliminary_Engineering_(PE)_Requirements|EPG 643.2.8]].&lt;br /&gt;
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==643.1.2 Definitions==&lt;br /&gt;
&#039;&#039;&#039;Bridge Attachment:&#039;&#039;&#039; A bridge attachment is any utility facility, including communication lines and electrical lines, or any other utility facility of a similar nature that is fastened to a bridge for the purpose of spanning an obstacle.&lt;br /&gt;
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&#039;&#039;&#039;Clear zone:&#039;&#039;&#039; The total roadside border area starting at the edge of the traveled way, available for safe use by errant vehicles. This area may consist of a shoulder, a recoverable slope, a non-recoverable slope, and/or the area at the toe of a non-recoverable slope available for safe use by an errant vehicle. Clear zone dimensions are provided in the current edition of American Association of State Highway Transportation Officials Roadside Design Guide.&lt;br /&gt;
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&#039;&#039;&#039;Ditch Line:&#039;&#039;&#039; A line where the roadway ditch meets the back slope. It is located at the lowest point of a V-bottom ditch or furthest point from the roadway of a flat bottom ditch where the roadway slopes back to the existing ground line.&lt;br /&gt;
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&#039;&#039;&#039;Duct:&#039;&#039;&#039; An enclosed tubular casing, or raceway, for protecting wires, lines, or cables that is often flexible or semi-rigid (1-3% diametric deflection). The casing, or raceway, is separate from the cable or conductor that passes through it.&lt;br /&gt;
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&#039;&#039;&#039;Encasement:&#039;&#039;&#039; The term encasement means the placing of an installation around and outside of an underground facility consisting of a larger conduit that permits the removal and replacement of the facility. An alternate to the conduit type encasement is reinforced concrete poured around the utility facility. Utility owners are allowed to use any types of material as a carrier and encasement for its facilities as expressly provided for in the permit issued for the installation of the utility facility.&lt;br /&gt;
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&#039;&#039;&#039;Freeway:&#039;&#039;&#039; A divided arterial highway with full control of access.&lt;br /&gt;
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&#039;&#039;&#039;Highway:&#039;&#039;&#039; Any public way for vehicular travel, including the entire area within the right of way and related facilities constructed or improved and maintained by the Missouri Highways and Transportation Commission (MHTC) acting through the Missouri Department of Transportation (MoDOT).&lt;br /&gt;
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&#039;&#039;&#039;Interchange Limits:&#039;&#039;&#039; For the uniform handling of utility installations only, the limits of an interchange are the outside ramp curve points. See [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_1_TypicalInterchangeLimits_AOD.pdf EPG Figure 643.1.1] for an example.&lt;br /&gt;
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&#039;&#039;&#039;Interstate System or Other Freeways/Expressways:&#039;&#039;&#039; Interstate highways and highways with fully controlled access.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Major Routes (Interstates, Freeways/Expressways and Principal Arterials):&#039;&#039;&#039; The major highway system is all routes functionally classified as principal arterials. The principal arterial system provides for statewide or interstate movement of traffic. The major roads in Missouri total approximately 5,500 centerline miles.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Minor Routes:&#039;&#039;&#039; The minor highway system is all routes functionally classified as minor arterials or collectors. These routes mainly serve local transportation needs. The minor roads in Missouri total approximately 28,400 centerline miles.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Normal Right of Way Line:&#039;&#039;&#039; An imaginary line that connects sudden breaks in the major right of way points for roadways. Sight distance right of way points (triangles) at roadway intersections are not to be considered as sudden breaks for determining normal right of way.&lt;br /&gt;
[[File:fig_643.1.2-06_2026.jpg|none|700px|thumb|Figure 643.1.2 Normal Right of Way Line.]]&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Private Lines:&#039;&#039;&#039; Privately owned utility facilities which convey or transmit the commodities outlined in the definition of utility facility of this section but devoted exclusively to private use.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Scenic Enhancement Areas:&#039;&#039;&#039; Scenic enhancement areas include areas acquired or so designated as scenic strips, overlooks, rest areas, recreation areas, and the right of way of adjacent roadways and the right of way of roadways that pass through public parks and historic sites as described under 23 USC 138.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Utility Corridor:&#039;&#039;&#039; An area established for the placement of utility facilities parallel to the normal right of way line.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Utility Facility:&#039;&#039;&#039; Privately, publicly, or cooperatively owned line, facility, or system for producing, transmitting, or distributing communications, cable television, power, electricity, light, heat, gas, oil, crude products, water, steam, waste, storm water not connected with highway drainage or any other similar commodity, including any fire or police signal system or street lighting system which directly or indirectly serves the public and does not include privately owned facilities devoted exclusively to private use. The term &amp;quot;utility facility&amp;quot; includes those facilities used solely by the utility owner that are a part of its operating plant.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Utility Owner:&#039;&#039;&#039; The utility owner is the utility company, inclusive of any wholly owned or controlled subsidiary, or city or county which owns utility facilities. The term also includes those government agencies that lease a utility facility for its own use or otherwise dedicated solely to governmental use.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Variance:&#039;&#039;&#039; A one- (1-) time deviation from the requirements for location or relocation of utility facilities on the right of way of highways in the state highway system as established in [https://www.sos.mo.gov/cmsimages/adrules/csr/current/7csr/7c10-3.pdf Title 7 Code of State Regulations 10-3], requested by the utility, and approved by a MoDOT District Design Engineer.&lt;br /&gt;
&lt;br /&gt;
==643.1.3 Location of Utility Facilities==&lt;br /&gt;
Utility facilities paralleling the roadway should be installed in the utility corridor except as outlined below. The utility corridor is the space for all utility owners generally within six feet (6’) of the normal right of way line. When considering if the current utility corridor is available to expand from six feet (6’) to as much as twelve feet (12’), MoDOT determines if the expansion is warranted. In making the determination, MoDOT will consider the existing utilization of the original six feet (6’) corridor. Poles must remain within two feet (2’) of the normal right of way line unless approved by a variance. The utility corridor will only be expanded beyond six feet (6’) if the original six feet (6’) corridor is fully utilized and additional space would be required to accommodate additional utility facilities. Acquisition of additional right of way to establish a twelve feet (12’) corridor is not required on highway construction projects. For depths for underground utility facilities, see [[#643.1.4.1_Minimum_Cover_for_Underground_Facilities|EPG 643.1.4.1]].&lt;br /&gt;
&lt;br /&gt;
Utility facilities crossing the roadway should be installed as close to ninety degrees (90°) to the centerline of the roadway as possible and based on the guidelines below depending on the type of roadway. See [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_3_TypicalUtilityCorridor-InterchangeatMajorRoute_AOD.pdf EPG Figure 643.1.3] and [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_4_TypicalUtilityCorridor-InterchangeatMinorRoute_AOD.pdf EPG Figure 643.1.4] for typical utility corridors around interchanges.&lt;br /&gt;
&lt;br /&gt;
===643.1.3.1 Interstate System or Other Major Freeways/Expressways===&lt;br /&gt;
The installation of all utility facilities on highways of the Interstate System or other major freeways/expressways with fully controlled access are to be installed, serviced, and maintained without entering or leaving the roadway and ramps except at points approved by MoDOT for that purpose and without parking any equipment or storing materials upon the medians, roadway and ramps, or shoulders of the roadways. Cutting or damaging the pavement or paved shoulders is not permitted. New service connections to existing parallel utility facilities are to be permitted only where an outer roadway exists and then only where access is permitted by the Commission. Careful consideration will be given to the location of guys, anchors, braces, and other supports. Generally, good design practice will provide that appurtenances be located at right of way jogs, along intersecting road right of way, or at other similar acceptable locations, so that encroachment is held to an absolute minimum.&lt;br /&gt;
&lt;br /&gt;
No utility facilities will be permitted within the interchange limits of an interchange between fully limited access highways where planned or existing. Utility facilities within the interchange limits of an interchange with a non-access controlled highway will be permitted only along the minor road, provided that all construction, service, and maintenance can be performed from the minor road. Manholes and poles must be located beyond the ramp termini.&lt;br /&gt;
&lt;br /&gt;
For structures carrying or over interstates or other major freeways/expressways, see [[#643.1.5_Bridge_Attachment_Policy|EPG 643.1.5]].&lt;br /&gt;
&lt;br /&gt;
====643.1.3.1.1 Utility Facilities Crossing the Interstate or Other Major Freeways/Expressways====&lt;br /&gt;
=====643.1.3.1.1.1 Overhead Crossings of the Interstate or Other Major Freeways/Expressways=====&lt;br /&gt;
Overhead crossings of utility facilities are permitted only for power transmission and distribution lines and for multiple circuit communication lines where an underground installation is not economically feasible. Supports for existing utility facilities crossing overhead may remain on the right of way provided they are near the right of way line regardless of the presence of an outer road. Supports for new overhead utility facilities crossing overhead may be located on the right of way near the right of way line where an outer roadway exists and are to be located off the right of way where no outer roadway exists. Overhead service crossings are only permitted in isolated cases for residential or commercial establishments when the denial of the crossing would require construction of more than 1,200 feet (1,200’) of utility line to provide the service. Main or distribution line crossings are required to serve a general area other than isolated cases.&lt;br /&gt;
&lt;br /&gt;
=====643.1.3.1.1.2 Underground Crossings of the Interstate or Other Major Freeways/Expressways=====&lt;br /&gt;
Underground crossings of utility facilities are to be continuously encased under the pavement, medians, ramps, and shoulders with the casing extending to the toe of the fill slopes or to the ditch line. In curbed sections, encasement should extend outside the outer curb of the roadways a distance equal to the depth of the encasement at the curb line. Where installed by open trench through unpaved areas, detector tape should be placed approximately one foot (1&#039;) above the encasement. Where an interstate or other major freeway has a parallel outer roadway, encasement should be continuous under all roadways within the right of way.&lt;br /&gt;
&lt;br /&gt;
Manholes or vent pipes are to be located at the right of way line or adjacent to the outer roadway.&lt;br /&gt;
&lt;br /&gt;
For fiber optic cable, encasement should extend from within six feet (6&#039;) of one right of way line to within six feet (6&#039;) of the other right of way line.&lt;br /&gt;
&lt;br /&gt;
Exceptions may be made for encasement as listed in [[#643.1.4.2_Exceptions_to_Encasement|EPG 643.1.4.2]].&lt;br /&gt;
&lt;br /&gt;
=====643.1.3.1.1.3 Parallel Installations along the Interstate or Other Major Freeways/Expressways=====&lt;br /&gt;
New parallel installations on the right of way may be permitted only where an outer roadway exists, provided that poles are within two feet (2&#039;) of the normal right of way line and underground utility facilities are within the utility corridor, and provided that the utility facility can be installed and maintained between the outer roadway and the right of way line. Existing overhead or underground utility facilities that parallel an existing roadway which will be incorporated into a completed highway as an outer roadway may remain in place if all maintenance and service can be performed from an outer roadway and the existing location does not interfere with construction, maintenance, or operation of the completed highway. If an existing parallel utility facility needs to be relocated so as to not interfere with the construction, maintenance, or operation of the completed interstate or other major freeway, poles may be located withing five feet (5’) of the right of way line.&lt;br /&gt;
&lt;br /&gt;
Underground utility facilities are expected to be buried within the utility corridor of sight distance triangles (SDTs) at roadway intersections unless granted a variance. Overhead utility facilities may be allowed to span intersecting roadways with SDTs provided the poles, or supports, are located outside the SDT.&lt;br /&gt;
&lt;br /&gt;
=====643.1.3.1.1.4 Sanitary Sewers within the Right of Way of Interstates or Other Major Freeways/Expressways=====&lt;br /&gt;
New installations of sanitary sewers should follow the applicable guidelines for either underground crossings or parallel installations as appropriate. Existing gravity trunk sanitary sewers should be considered individually and removed or left in place contingent upon its age, condition, feasibility of moving, and maintenance access. Encasement of existing trunk sewers left in place may be required for questionable condition, protection during construction, or heavy fills.&lt;br /&gt;
&lt;br /&gt;
Manholes should be relocated to the right of way lines or adjacent to an outer roadway.&lt;br /&gt;
&lt;br /&gt;
===643.1.3.2 Major Routes===&lt;br /&gt;
For structures carrying or over major routes, see [[#643.1.5_Bridge_Attachment_Policy|EPG 643.1.5]].&lt;br /&gt;
&lt;br /&gt;
====643.1.3.2.1 Major Routes with Partially Controlled Access Right of Way====&lt;br /&gt;
The installation of all utility facilities on highways with partially controlled access right of way are to be installed, serviced, and maintained without entering or leaving the roadway and ramps except at points approved by MoDOT for that purpose and without parking any equipment or storing materials upon the medians, roadway and ramps, or shoulders of the roadways. Cutting or damaging the pavement or paved shoulders is not permitted. Equipment or materials stored within the right of way must be protected by longitudinal barrier or be located outside the clear zone. New service connections to existing parallel utility facilities are to be permitted only where granted by the Commission.&lt;br /&gt;
&lt;br /&gt;
No utility facilities will be permitted within the interchange limits of an interchange between fully limited access highways where planned or existing. Utility facilities within the interchange limits of an interchange with a non-access controlled highway will be permitted only along the minor road, provided that all construction, service, and maintenance can be performed from the minor road. Manholes and poles must be located beyond the ramp termini.&lt;br /&gt;
&lt;br /&gt;
====643.1.3.2.2 Major Routes with Normal Access Right of Way====&lt;br /&gt;
All new utility facilities will be installed and maintained without cutting or damaging the pavement or paved shoulders except in the event underlying rock formations or other obstructions are encountered that prevent boring or pushing operations. A variance may be granted for pavement cuts when the need is established. Pavement cuts may only be made by permits issued when it is impractical to otherwise service and maintain the facility. The installation of all utility facilities is to be installed without parking any equipment or storing materials upon the medians, roadway and ramps, or shoulders of the roadways. Equipment or materials stored within the right of way must be protected by longitudinal barrier or be located outside the clear zone.&lt;br /&gt;
&lt;br /&gt;
====643.1.3.2.3 Utility Facilities Crossing Major Routes====&lt;br /&gt;
=====643.1.3.2.3.1 Overhead Crossings of Major Routes=====&lt;br /&gt;
Supports for utility facilities crossing overhead should be located as near the right of way line as possible. For major routes with controlled access right of way, new overhead service crossings may be permitted in isolated cases for residential or commercial establishments where the denial of such crossings would require the construction of more than 1,200 feet (1,200’) of utility line to provide the same service. For major routes with normal access right of way, there is no restriction on the placement of service crossings.&lt;br /&gt;
&lt;br /&gt;
=====643.1.3.2.3.2 Underground Crossings of Major Routes=====&lt;br /&gt;
Underground crossings of utility facilities are to be continuously encased under the pavement, medians, ramps, and shoulders with the casing extending to the toe of the fill slopes or to the ditch line. In curbed sections, encasement should extend outside the outer curb of the roadways a distance equal to the depth of the encasement at the curb line. Where installed by open trench through unpaved areas, detector tape should be placed approximately one foot (1&#039;) above the encasement. Where a major route has a parallel outer roadway, encasement should be continuous under all roadways within the right of way.&lt;br /&gt;
&lt;br /&gt;
Manholes or vent pipes are to be located at the right of way line or adjacent to the outer roadway.&lt;br /&gt;
&lt;br /&gt;
For fiber optic cable, encasement should extend from within six feet (6&#039;) of one right of way line to within six feet (6&#039;) of the other right of way line.&lt;br /&gt;
&lt;br /&gt;
Exceptions may be made for encasement as listed in [[#643.1.4.2_Exceptions_to_Encasement|EPG 643.1.4.2]].&lt;br /&gt;
&lt;br /&gt;
====643.1.3.2.4 Parallel Installations along Major Routes====&lt;br /&gt;
New parallel installations on the right of way may be permitted provided that poles are within two feet (2&#039;) of the normal right of way line and underground utility facilities are within the utility corridor. Existing overhead or underground utility facilities that parallel an existing roadway which will be incorporated into a completed highway may remain in place if all maintenance and service can be performed without entering or leaving the roadway except at approved access points; without parking equipment or storing materials on the median, pavement, ramps, or shoulders; and the existing location does not interfere with construction, maintenance, or operation of the completed highway. If an existing parallel utility facility needs to be relocated so as to not interfere with the construction, maintenance, or operation of the completed highway, poles may be located withing five feet (5’) of the right of way line.&lt;br /&gt;
&lt;br /&gt;
Existing steel pipe transmission and distribution facilities for gaseous petroleum products that parallel an existing roadway that will be incorporated into the completed roadway may be left in place subject to an agreement by the utility owner that maintenance or service and facility expansion will be performed without cutting or damaging the pavement or interfering with the construction, maintenance, and operation of the highway and provided that the facility is cathodically protected against corrosion and meets the applicable material requirements.&lt;br /&gt;
&lt;br /&gt;
Underground utility facilities are expected to be buried within the utility corridor of sight distance triangles (SDTs) at roadway intersections unless granted a variance. Overhead utility facilities may be allowed to span intersecting roadways with SDTs provided the poles, or supports, are located outside the SDT.&lt;br /&gt;
&lt;br /&gt;
====643.1.3.2.5 Sanitary Sewers within the Right of Way of Major Routes====&lt;br /&gt;
New installations of sanitary sewers should follow the applicable guidelines for either underground crossings or parallel installations as appropriate. An existing gravity trunk sanitary sewer should be considered individually and removed or left in place contingent upon its age, condition, feasibility of moving, and maintenance access. If an existing parallel gravity main is left in place within the limits of the paved surface, paved shoulder lines, or curb lines, stub mains as required will be laid between the sewer main and curb or shoulder lines for future service connections in each block. Manholes should be relocated outside the traveled roadway as near the right of way line as practical.&lt;br /&gt;
&lt;br /&gt;
===643.1.3.3 Minor Routes===&lt;br /&gt;
For structures carrying or over minor routes, see [[#643.1.5_Bridge_Attachment_Policy|EPG 643.1.5]].&lt;br /&gt;
&lt;br /&gt;
====643.1.3.3.1 Utility Facilities Crossing Minor Routes====&lt;br /&gt;
=====643.1.3.3.1.1 Overhead Crossings of Minor Routes=====&lt;br /&gt;
Existing overhead crossings that interfere with construction, maintenance, or operation should be relocated with their supports as near the right of way line as is practical. New overhead crossing installations should be located with their supports as near the right of way line as is practical.&lt;br /&gt;
&lt;br /&gt;
=====643.1.3.3.1.2 Underground Crossings of Minor Routes=====&lt;br /&gt;
All new utility facilities should be installed and maintained without cutting or damaging the pavement or paved shoulders. A variance may be granted for pavement cuts when servicing and maintaining the facility by any other methods is impractical. Pavement cuts may only be made by permits issued. Underground crossings of utility facilities are to be continuously encased under the pavement, medians, ramps, and shoulders with the casing extending to the toe of the fill slopes or to the ditch line. In curbed sections, encasement should extend outside the outer curb of the roadways a distance equal to the depth of the encasement at the curb line. Where installed by open trench through unpaved areas, detector tape should be placed approximately one foot (1&#039;) above the encasement.&lt;br /&gt;
&lt;br /&gt;
Manholes or vent pipes are to be located at the right of way line or adjacent to the outer roadway.&lt;br /&gt;
&lt;br /&gt;
For fiber optic cable, encasement should extend from within six feet (6&#039;) of one right of way line to within six feet (6&#039;) of the other right of way line.&lt;br /&gt;
&lt;br /&gt;
Exceptions may be made for encasement as listed in [[#643.1.4.2_Exceptions_to_Encasement|EPG 643.1.4.2]].&lt;br /&gt;
&lt;br /&gt;
====643.1.3.3.2 Parallel Installations along Minor Routes====&lt;br /&gt;
New parallel installations on the right of way may be permitted provided that poles are within two feet (2&#039;) of the normal right of way line and underground utility facilities are within the utility corridor. Existing overhead or underground utility facilities that parallel an existing roadway which will be incorporated into a completed highway may remain in place if all maintenance and service can be performed without entering or leaving the roadway except at approved access points; without parking equipment or storing materials on the median, pavement, ramps, or shoulders; and the existing location does not interfere with construction, maintenance, or operation of the completed highway. If an existing parallel utility facility needs to be relocated so as to not interfere with the construction, maintenance, or operation of the completed highway, poles may be located within five feet (5’) of the right of way line.&lt;br /&gt;
&lt;br /&gt;
Underground utility facilities are expected to be buried within the utility corridor of sight distance triangles (SDTs) at roadway intersections unless granted a variance. Overhead utility facilities may be allowed to span intersecting roadways with SDTs provided the poles, or supports, are located outside the SDT.&lt;br /&gt;
&lt;br /&gt;
====643.1.3.3.3 Sanitary Sewers within the Right of Way of Minor Routes====&lt;br /&gt;
New installations of sanitary sewers should follow the applicable guidelines for either underground crossings or parallel installations as appropriate. An existing gravity trunk sanitary sewer should be considered individually and removed or left in place contingent upon its age, condition, feasibility of moving, and maintenance access. If an existing parallel gravity main is left in place within the limits of the paved surface, paved shoulder lines, or curb lines, stub mains as required will be laid between the sewer main and curb or shoulder lines for future service connections in each block. Manholes should be relocated outside the traveled roadway.&lt;br /&gt;
&lt;br /&gt;
===643.1.3.4 Roundabouts===&lt;br /&gt;
Regardless of roadway type, it is desirable to avoid locating utility facilities and their access points within the circulatory roadway. If possible, utility facilities are located in the legs of the roundabout to allow for future maintenance and access at an isolated leg versus affecting the entire roundabout. See [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_5_TypicalLocationofUtilityFacilitiesnearRoundabouts_AOD.pdf EPG Figure 643.1.5] for an example.&lt;br /&gt;
&lt;br /&gt;
===643.1.3.5 Utility Facilities in Scenic Enhancement Areas===&lt;br /&gt;
All existing utility facilities within the limits of a scenic enhancement area requiring adjustment because of construction or reconstruction will be placed underground or relocated beyond the limits of the scenic enhancement area. No new above ground facilities will be permitted. New underground facilities will be permitted provided they do not extensively alter or impair the appearance of the area.&lt;br /&gt;
&lt;br /&gt;
==643.1.4 Installation of Utility Facilities==&lt;br /&gt;
The following sections provide information on the physical installation of utility facilities within highway right of way.&lt;br /&gt;
&lt;br /&gt;
===643.1.4.1 Minimum Cover for Underground Facilities===&lt;br /&gt;
The minimum cover for new underground utilities is:&lt;br /&gt;
* Forty-two inches (42”) for all water lines (parallel and crossings).&lt;br /&gt;
* Forty-two inches (42”) for fiber optic cable (crossings encased in rigid conduit).&lt;br /&gt;
* Seventy-two inches (72”) for fiber optic cable (crossings encased in polyethylene (PE) pipe).&lt;br /&gt;
* Thirty inches (30”) for direct burial and in trench fiber optic cable (parallel).&lt;br /&gt;
* Twenty-four inches (24”) for all other direct burial copper or coaxial cable, (parallel).&lt;br /&gt;
* Seventy-two inches (72”) for uncased polyethylene (PE) gas pipe crossings under ditches and roadways but thirty inches (30”) elsewhere.&lt;br /&gt;
* Thirty inches (30”) for all other (such as, but not limited to, gravity sewers, forced sewers, and electric) underground utilities (both parallel and crossing).&lt;br /&gt;
&lt;br /&gt;
===643.1.4.2 Exceptions to Encasement===&lt;br /&gt;
Exceptions may be made for encasement as follows:&lt;br /&gt;
* Non-fiber communication or electric cables installed in ducts.&lt;br /&gt;
* Welded steel pipelines carrying gaseous or liquid petroleum products - provided they are cathodically protected against corrosion, triple-coated in accordance with accepted pipeline construction standards, and meet applicable material requirements.&lt;br /&gt;
* Natural gas distribution pipe (nominal six-inch (6”) diameter maximum) of polyethylene (PE) plastic, traceable, installed by a horizontal bore method at a minimum depth of seventy-two inches (72”) under ditches and roadways, constructed in accordance with and meeting applicable material requirements.&lt;br /&gt;
* Gas service connections protected and constructed in accordance with and meeting applicable material requirements.&lt;br /&gt;
* Encasement is not required for new trunk sanitary sewer crossings of vitrified clay, reinforced concrete or cast iron except when installation procedures would produce voids in the roadbed, heavy fills, or installations under pressure.&lt;br /&gt;
&lt;br /&gt;
===643.1.4.3 Above Ground or Ground Level Appurtenances===&lt;br /&gt;
Appurtenances protruding more than four inches (4”) above the ground line should be located outside the clear zone. If no feasible alternative exists and if permitted by a variance, appurtenances may be allowed within the clear zone if they meet breakaway criteria or will be shielded by a traffic barrier. Good design practice will provide that appurtenances be located at right of way jogs, along intersecting road right of way, or at other similar acceptable locations, so that encroachment is held to an absolute minimum. Cables, wires, small diameter pipes, and other such utility appurtenances extending from the surface of the ground should be equipped with covers or guards to improve their visibility. Appurtenances within sidewalks or street level pedestrian access routes are to be in conformance with the Americans with Disabilities Act requirements.&lt;br /&gt;
&lt;br /&gt;
The maximum pull box width perpendicular to the right of way line within the utility corridor is thirty inches (30”).&lt;br /&gt;
&lt;br /&gt;
===643.1.4.4 Overhead Utility Facilities===&lt;br /&gt;
The vertical clearance of new or existing overhead installations will not be less than the current minimum requirements of the National Electric Safety Code, but in no case less than eighteen feet (18’) inclusive of sag above the groundline for electrical facilities. Clearance may be reduced for overhead installations of cable, telephone, or fiber optic facilities.&lt;br /&gt;
A minimum radial clearance of twenty-five feet (25’) is provided from any utility facility to the nearest part of any bridge structure. A minimum radial clearance of ten feet (10’) is provided from the nearest charged electrical line to a MoDOT signal, lighting, ITS, or overhead sign structure.&lt;br /&gt;
&lt;br /&gt;
===643.1.4.5 Approved Materials===&lt;br /&gt;
Utility owners are allowed to use any material for underground utility facilities including carrier and encasement provided they accept responsibility for any future repairs and/or replacement of damaged MoDOT facilities should a failure occur. This will allow the use of current technology and procedures to provide the best value to its subscribers and the taxpayers of Missouri. For materials that MoDOT also uses in its highway system, utility owners must provide materials that meet the current [https://www.modot.org/missouri-standard-specifications-highway-construction Missouri Standard Specifications for Highway Construction]. For materials not listed in the Missouri Standard Specifications for Highway Construction, the utility owner should provide documentation of the standards used to determine suitability of the material.&lt;br /&gt;
&lt;br /&gt;
===643.1.4.6 Cutting===&lt;br /&gt;
In the event permission is granted to cut an existing concrete or asphalt pavement or sidewalk, the appropriate provisions below should be followed.&lt;br /&gt;
&lt;br /&gt;
====643.1.4.6.1 Pavement====&lt;br /&gt;
All pavement cuts should be made with a saw to the full depth of the pavement. The width of the cut is typically determined by the width of the trench plus a minimum one foot (1’) on each side of the trench. In the event the distance to any adjacent longitudinal or transverse joint or crack is less than four feet (4’), the pavement must be removed to the joint or crack. Cuts for perpendicular service tie-ins should be a minimum of three feet (3’) wide. Longitudinal main installations are typically cut at a minimum of half the lane width, but in no instance should the cut be along the wheel path of the lane.&lt;br /&gt;
[[File:fig_643.1.6-06_2026.jpg|800px|none|thumb|Figure 643.1.6 Pavement Repair Dimension Requirements.]]&lt;br /&gt;
&lt;br /&gt;
The utility facilities should be placed in a location with the least impact to the roadway. Typically, this leads to placement in the shoulder when available followed by the two-way left turn lane (TWLTL), and then outside lanes before allowing placement in interior through lanes. Lane switching should be kept to a minimum and should not be used to minimize repair sizes. Cuts for mains or service leads that may not be perpendicular to the roadway should be squared-off.&lt;br /&gt;
&lt;br /&gt;
Replacement of cut pavement should be full depth concrete in accordance with the current version at the time of installation of Section 613.10 Full Depth Pavement Repairs of the Missouri Standard Specifications for Highway Construction and the Missouri Standard Plans for Highway Construction. If the area of the pavement repair is not to be fully resurfaced all joints including the overcut from the sawing operation should be filled with an expansive mortar, epoxy, polyester, or joint material as approved by the Engineer in accordance with Section 1057 of the Missouri Standard Specifications for Highway Construction.&lt;br /&gt;
&lt;br /&gt;
====643.1.4.6.2 Pedestrian Access Routes====&lt;br /&gt;
All cuts in the pedestrian access routes whether asphalt or concrete should be made by saw and be the full depth of the material. Entire slabs of concrete sidewalk should be removed. Repair of the pedestrian access route must meet Americans with Disability Act requirements, see [[:Category:642_Pedestrian_Facilities|EPG 642]]. Cuts through curb ramps or detectable warning areas are not permitted. Rather the entire curb ramp or detectable warning area must be removed and replaced. MoDOT district ADA contacts can help ensure ADA compliance of impacted pedestrian access routes.&lt;br /&gt;
&lt;br /&gt;
===643.1.4.7 Non-disturbance Areas===&lt;br /&gt;
MoDOT has certain areas of right of way where mowing, spraying, digging, or other vegetation disturbance activities are restricted. These areas have been established to mitigate the environmental impacts of a previous project and should be avoided. If the areas cannot be avoided, contact MoDOT’s Environmental Section.&lt;br /&gt;
&lt;br /&gt;
==643.1.5 Bridge Attachment Policy==&lt;br /&gt;
No utility facility will be permitted in or on a structure carrying an interstate or other freeway unless it is part of a federal requirement or for MoDOT’s use. When the structure carries any other road type and no other practical means exists for the crossing, wires (communication, electrical, fiber, or metal) will be permitted. Electrical lines must be located to cause minimum exposure to MoDOT maintenance personnel and the public. Pressurized pipelines for gas or other petroleum products and water and all sewer lines are prohibited on all structures due to the risks associated with their failure.&lt;br /&gt;
&lt;br /&gt;
===643.1.5.1 Agreement===&lt;br /&gt;
An agreement is required for all utility facilities attached to any structure. A charge will be made for the increased maintenance costs involved. This fee is set by the Bridge Division. When permitted, a 50-year occupational agreement is executed with the utility owner. Agreement BR04 Utility Attachment Agreement is used when an attachment is added to a bridge during its construction. Agreement BR09 Bridge Attachment Agreement is used when an attachment is added to an existing bridge.&lt;br /&gt;
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===643.1.5.2 Requests===&lt;br /&gt;
Requests to attach facilities to structures is a multi-step process. Bridge Division is responsible for approval of the bridge attachment. If at any point in the process, Bridge Division determines the attachment to be unacceptable, a reason is to be provided.&lt;br /&gt;
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To start, the utility owner submits a conceptual request to the district utilities staff. The conceptual request consists of an explanation of the proposal; a general location sketch (i.e., which side of the bridge); and details on the facility, length, and weight per foot when full. The district utilities staff should work with all relevant district personnel including the District Bridge Engineer in reviewing and recommending the attachment. The district utilities staff will submit the recommended details to the Bridge Division to determine the applicable costs including future maintenance costs and for attachments to new bridges, design and construction. Once the Bridge Division has determined the cost, the district utilities staff shares the cost with the utility owner for their concurrence with furthering the process. For new bridges, if the utility owner concurs with the costs, the district utility staff will prepare the BR04 Agreement for execution by the utility owner and the Commission. MoDOT will be responsible for the design and construction of attachments to new bridges. For existing bridges, the district utilities staff will forward the applicable as-built bridge plans to the utility owner for its use in designing the bridge attachment. The utility owner will provide detailed design drawings, signed and sealed by a professional engineer in the State of Missouri, to the district utilities staff for review. The district utilities staff should work with all relevant district personnel, including the District Bridge Engineer, in reviewing and recommending the details of the attachment to the Bridge Division. Once Bridge Division approves, the Bridge Division will prepare the BR09 Agreement for execution by the utility owner and the Commission. The utility owner is responsible for the construction of attachments to existing bridges. A flow chart, [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_7_BridgeAttachementProcess_AOD.pdf EPG Figure 643.1.7], of the process is available.&lt;br /&gt;
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Payment from the utility owner for the attachment will be sent to Financial Services by district utilities staff. For BR04 agreements, district utilities staff should discuss with Financial Services how to get the payment credited to the project constructing the attachment. For BR09 agreements, district utilities staff should copy Bridge Division on correspondence with Financial Serves. Checks should be made payable to Director of Revenue, Credit State Road Fund.&lt;br /&gt;
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For requests from government entities such as cities, counties, and other municipalities, the requested information should be submitted to Bridge Division as described above. However, the district utilities staff will take the lead in preparing the DE10 County Agreement or DE11 Municipal Agreement, as applicable, with input from Bridge Division and Bridge Maintenance. All fees are waived for government entities.&lt;br /&gt;
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===643.1.5.3 Considerations===&lt;br /&gt;
The following considerations are made in determining the acceptability of a bridge attachment. Unique situations will be discussed with the Bridge Division as required.&lt;br /&gt;
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====643.1.5.3.1 Bridge Asset Management Program====&lt;br /&gt;
Requests for bridge attachments should be reviewed for consistency with the district’s upcoming bridge asset management program needs. If a structure is due for rehabilitation or replacement in the near future, information should be provided to the utility owner indicating existing remaining life of the bridge. In some instances, it may be in MoDOT’s best interest to deny the request for attachment outright. In some instances, the utility owner may still choose to pursue the short-term attachment to the existing structure. In almost all cases, the utility owner is responsible for the cost of removing and/or relocating their utility facilities for a necessary repair, widening, improvement or reconstruction of the structure. Review existing agreements for cost responsibility for current attachments.&lt;br /&gt;
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====643.1.5.3.2 Aesthetics====&lt;br /&gt;
In reviewing a request for a bridge attachment, how the structure is viewed by the public will be considered. For example, is the structure over a scenic stream that is extensively used by canoeists, or does the structure span a road that may provide access to a park, campgrounds, or boat launching facilities? Is the structure a grade separation where the motoring public will see the attachment before they pass under it?&lt;br /&gt;
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====643.1.5.3.3 Method of Attachment====&lt;br /&gt;
In order to maintain structural integrity of any structures the following requirements will apply for attachments.&lt;br /&gt;
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=====643.1.5.3.3.1 Welding=====&lt;br /&gt;
Welding of hardware to structural steel members (i.e., flanges, webs, stiffeners, and diaphragms) whether in tension or compression is not permitted.&lt;br /&gt;
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=====643.1.5.3.3.2 Drilling=====&lt;br /&gt;
Drilling holes in any structural steel member is not permitted. Drilling holes for anchors into any prestressed concrete member is not permitted. Although permitted, drilling holes for anchors into the underside of bridge decks must be done with caution. It is recommended all anchors be installed to miss deck reinforcing steel. Generally, drilling into decks will not be allowed where sonotubes were used (voided slab bridges). The depth of the holes should be such that breaking out of the concrete on the top side of the deck does not occur.&lt;br /&gt;
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=====643.1.5.3.3.3 Corrosion=====&lt;br /&gt;
Attachment hardware will be new, properly coated to prevent corrosion or be of a non-corrosive material, and be designed to support the facility.&lt;br /&gt;
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====643.1.5.3.4 Location====&lt;br /&gt;
In general, attachments are made on the underneath side of the bridge deck. The condition of the bridge deck will dictate the location of the attachment supports. An exception may be attachments to trusses or other overhead structures.&lt;br /&gt;
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Attachments that may require manholes in bridge decks are not allowed.&lt;br /&gt;
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When attachments are required to structures over streams that may carry large drifts, they must be attached to the downstream side of the structure and above the lowest superstructure element. It is preferred to locate the attachment on the outside of the exterior girder. If aesthetics are a concern, a better appearance can be achieved by having the attachment made to the inside of the exterior girder and above the bottom of the lower flange to hide the conduit and the attaching hardware.&lt;br /&gt;
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Placement of utilities must not prevent the removal of old paint, the application of new paint on superstructure steel, or cause debris buildup, which could cause structural deterioration.&lt;br /&gt;
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====643.1.5.3.5 Construction and Maintenance====&lt;br /&gt;
If the attachment cannot be built while maintaining one (1) lane of traffic on the structure, it will not be allowed.&lt;br /&gt;
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Construction procedures that severely impact traffic may factor into the allowable location of the attachment on the structure.&lt;br /&gt;
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When scaffolding is to be attached or supported by bridge rails, bridge superstructure, or bridge substructure, the procedures for construction of the attachment must be reviewed.&lt;br /&gt;
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The utility owner or local entity will pay for, or be responsible for, the painting of the attachment, if necessary, when the bridge requires painting.&lt;br /&gt;
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==643.1.6 Private Lines==&lt;br /&gt;
Private lines are permitted to cross the right of way of a highway in the same manner as outlined for all utility facilities in above sections of this article. Parallel installations along the right of way of a highway are not permitted. Special conditions at a specific location that make adherence to this policy impractical will be submitted to the Chief Engineer for consideration of an acceptable alternative. In certain situations, it may be necessary to obtain approval from the Federal Highway Administration (FHWA) before approval to use the alternative can be given to the private utility owner.&lt;br /&gt;
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==643.1.7 Water and Sewer Separations==&lt;br /&gt;
The Missouri Department of Natural Resources (MoDNR) Safe Drinking Water Commission via 10 CSR 60-10 and Clean Water Commission via 10 CSR 20-8 govern the design of water and sewer lines in the vicinity of one another. Basic criteria are outlined below for information, and details are contained within the regulations. MoDOT is not responsible for providing or acquiring adequate right of way for utility owners to comply with MoDNR requirements.&lt;br /&gt;
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===643.1.7.1 Water and Sewer Separations===&lt;br /&gt;
====643.1.7.1.1 Horizontal====&lt;br /&gt;
Sanitary and storm sewers are to be laid at least ten feet (10’) horizontally measured from outside edge to outside edge from any existing or proposed water main. In cases where it is not practical to maintain ten feet (10’) of separation, installation of the water main closer to the sewer is acceptable where the water main is installed in a separate trench or on an undisturbed earth shelf located on one (1) side of the sewer at an elevation so the bottom of the water main is at least eighteen inches (18”) above the top of the sewer.&lt;br /&gt;
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===643.1.7.2 Crossings===&lt;br /&gt;
Water mains are to be laid to provide a minimum vertical distance of eighteen inches (18”) vertically measured outside edge to edge from sanitary or storm sewers. This is the case whether the water main is above or below the sewer. One (1) full length of water pipe must be located so both joints will be as far from the sanitary or storm sewer line as possible. Special structural support for the water main or sanitary or sewer main may be required.&lt;br /&gt;
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===643.1.7.3 Exception===&lt;br /&gt;
When it is impossible to obtain proper horizontal and vertical separation as stipulated, the sewer will be designed and constructed equal to water pipe and will be pressure-tested to assure it is watertight prior to backfilling.&lt;br /&gt;
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===643.1.7.4 Water Supply Interconnections===&lt;br /&gt;
No physical connection is permitted between a public or private potable water supply system and any sanitary or storm sewer or appurtenance that would permit the passage of any sewage or polluted water into the water supply. No water pipe is permitted to pass through or come in contact with any part of a sanitary sewer manhole.&lt;br /&gt;
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===643.1.7.5 Water Works Structures===&lt;br /&gt;
Sewers are not permitted to be installed within fifty feet (50’) in any direction from any existing or proposed public water supply well or other water supply sources or structures.&lt;br /&gt;
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==643.1.8 Variances==&lt;br /&gt;
Occasionally, it is impractical to locate a utility facility in accordance with requirements outlined in this article. MoDOT may consider a utility owner’s request for a variance from these requirements on a case-by-case basis. The utility owner should complete a [https://epg.modot.org/forms/general_files/DE/UtilityVarianceApprovalForm.docx Utility Variance Approval Form] to be submitted to MoDOT for consideration. Variances on the Interstate System require approval of the Federal Highway Administration (FHWA). A flow chart, [https://epg.modot.org/forms/general_files/DE/xx.pdf EPG Figure 643.1.8], of the variance process is available.&lt;br /&gt;
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A variance will not be permitted just for the convenience of the utility owner. The utility owner requesting a variance must provide all necessary information to properly evaluate if a variance should be approved. For example, a utility owner requesting a variance because “the utility corridor is full” must explore all reasonable options. It is suggested that the requestor pothole the existing utility corridor to confirm the location of existing utility facilities and provide that data to support the need to locate outside of the utility corridor due to its congestion.&lt;br /&gt;
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===643.1.8.1 Variance Process===&lt;br /&gt;
Any utility owner of a public utility facility may apply for a variance. The process for requesting a variance is as follows:&lt;br /&gt;
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====643.1.8.1.1 Submittal Requirements====&lt;br /&gt;
Utility owners submit to the district utilities staff a written request for a variance using the [https://epg.modot.org/forms/general_files/DE/UtilityVarianceApprovalForm.docx Utility Variance Approval Form]. The utility owner must clearly show the provision(s) or guideline(s) for which the variance is being requested; the condition(s) which the utility owner believes warrant(s) the granting of a variance; a thorough explanation of the reason(s) for the requested variance, including sufficient and appropriate documentation of safety, aesthetic, or constructability constraints that would be adverse to the function, access, or maintenance of the utility facility and not in the best interest of the public.&lt;br /&gt;
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====643.1.8.1.2 MoDOT Consideration of Variance Request====&lt;br /&gt;
The utility owner bears full responsibility for demonstrating to MoDOT’s satisfaction that the variance is the most appropriate way to serve the public interest. MoDOT may present to the utility owner and the utility owner must consider reasonable alternatives to the variance requested by the utility owner. In determining whether to grant a variance, district utilities staff will consider all relevant factors including, but not limited to: the requested variance is reasonably necessary for the convenience, safety, health, and/or welfare of the public; there is an exceptional or undue burden or hardship on the specific applicant; a physical impracticability that would result from the applicant’s adherence to the normal location requirements; and the requested variance will not impair the safe construction, maintenance, operation, and safety of public travel on the highway. District utilities staff may consult with the Design Liaison Engineer in evaluating variances.&lt;br /&gt;
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====643.1.8.1.3 Approval of Variances====&lt;br /&gt;
Once district utilities staff have agreed to accept a variance proposed by the utility owner, the [https://epg.modot.org/forms/general_files/DE/UtilityVarianceApprovalForm.docx Utility Variance Approval Form] and all supporting documentation is sent to the District Design Engineer (DDE) for approval. If a variance is on interstate right of way, the DDE-signed Variance Request Form and all supporting documentation is forwarded to the Design Liaison Engineer who will forward to FHWA for their concurrence.&lt;br /&gt;
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====643.1.8.1.4 Variance Appeal Informal Hearing====&lt;br /&gt;
If denied a variance, the utility owner has thirty (30) calendar days to request an informal hearing for the purpose of appealing the denial. Requests must be made in writing to the State Design Engineer, Missouri Department of Transportation, P.O. Box 270, Jefferson City, MO 65102. If the utility owner requests an informal hearing, MoDOT’s authorized representative will advise the applicant of the time, date, and place of the hearing. The hearing is not a contested case under RSMo 536. The rules of evidence will not apply at the hearing, and MoDOT’s decision after the conduct of the hearing is not subject to further appeal.&lt;br /&gt;
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==643.1.9 Excess Right of Way==&lt;br /&gt;
Prior to conveyance of excess right of way, the status of utility facilities within said parcel must be addressed. See [[236.5_Property_Management#236.5.12_Excess_Land_Conveyances_&amp;amp;_Relinquishments_–_Regulated_Utilities|EPG 236.5.12]].&lt;br /&gt;
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==643.1.10 Broadband==&lt;br /&gt;
Broadband development in the state of Missouri is handled by the Department of Economic Development (DED). MoDOT shares its approved Statewide Transportation Improvement Program (STIP) project list with DED. All MoDOT policies related to placement of utility facilities within Commission right of way as outlined in this EPG article 643.1 are to be followed.&lt;br /&gt;
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https://epg.modot.org/files/5/55/643.1_Utility_Status_Letter.doc&lt;br /&gt;
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&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643.2 Utilities in Program Delivery &#039;&#039;PAGE TITLE&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt; &lt;br /&gt;
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==643.2.1 Introduction==&lt;br /&gt;
Improvements to the highway system often require negotiation between the Commission and a city, a county, or a public or private utility owner. The Commission’s district utilities staff is responsible for coordination of highway improvement projects with the utility owner’s representative. The impact to a utility, the responsibility for the cost of adjustments necessary to allow highway construction, the plan of adjustment of the utility, the responsibility of performance of work on utility facilities, and the schedule of the utility adjustment are all items that vary depending on the project and should be investigated and negotiated to ensure highway improvement projects are delivered on-time and on-budget. These should comply with Commission policy. A flowchart [link here] outlining all the utility adjustment processes (reimbursable and non-reimbursable relocations, Master Reimbursable Utility Agreements and Project Specific Agreements, etc.) are available in the list of figures at the top of the page. These processes will not always be in combination, but each should be considered with each project.&lt;br /&gt;
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The district utilities staff, in conjunction with the Transportation Project Manager (TPM), is expected to invite and encourage participation of utility owner representatives in MoDOT project meetings as needed.&lt;br /&gt;
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When a project involves utility adjustments for which the Commission is responsible for costs, the TPM should program the costs of the utility adjustments as non-contractual construction costs in the STIP Information Management System (SIMS).&lt;br /&gt;
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==643.2.2 Annual Utility Meeting==&lt;br /&gt;
Each district should hold an annual meeting with utilities to discuss current STIP projects in the district. The annual meeting should be held during each year&#039;s STIP preparations, ideally between January and May. All utility owners that have utility facilities in the district should be invited. The intent is to provide the utility owners with an idea of upcoming projects to allow them the opportunity to plan and budget for potential adjustments of their utility facilities, identify both MoDOT and utility roadblocks, and develop action plans to complete utility adjustments better, faster, and cheaper.&lt;br /&gt;
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==643.2.3 Determination of Existing Utilities==&lt;br /&gt;
District utilities staff should determine the appropriate level of effort needed to accurately identify existing utilities within the footprint of a proposed highway construction project. Aboveground utilities are easily identifiable via field checks; however, determination of the precise location of underground utilities can be more challenging and time consuming. Therefore, the district utilities staff should balance the risk of conflict with the highway construction project against the level of effort needed to determine the location.&lt;br /&gt;
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The level of effort on mapping utilities is dependent on the scope of the project and the potential for utilities having an impact on the construction of the project. The project schedule should include the time to complete this task accurately. The time and effort necessary for having accurate locates requires close interaction with the utility locators. Early contact with utility owner representatives may be necessary to accurately locate underground utility facilities.&lt;br /&gt;
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Various methods of determining existing underground utilities result in different levels of quality. ASCE Standard 38 Standard Guidance for Investigating and Documenting Existing Utilities classifies four levels of quality:&lt;br /&gt;
:1. Quality Level D: QL-D is the most basic level of information for utility locations. It comes solely from existing utility records or verbal recollections, both typically unreliable sources. It may provide an overall &amp;quot;feel&amp;quot; for the congestion of utilities but is often highly limited in terms of comprehensiveness and accuracy. QL-D is useful primarily for project planning and route selection activities.&amp;lt;br&amp;gt;&lt;br /&gt;
: Missouri 811 or “private-locate” markings are to be considered to be QL-D.&lt;br /&gt;
:2. Quality Level C: QL-C is probably the most used level of information. It involves surveying visible utility facilities (e.g., manholes, valve boxes, etc.) and correlating this information with existing utility records (QL-D information). When using this information, it is not unusual to find that many underground utilities have been either omitted or erroneously plotted. Therefore, its usefulness is primarily on rural projects where utilities are not prevalent or are not too expensive to repair or relocate.&lt;br /&gt;
:3. Quality Level B: QL-B involves the application of appropriate surface geophysical methods to determine the existence and horizontal position of virtually all utilities within the project limits. This activity is called &amp;quot;designating&amp;quot;. The information obtained in this manner is surveyed to project control. It addresses problems caused by inaccurate utility records, abandoned or unrecorded utility facilities, and lost references. The proper selection and application of surface geophysical techniques for achieving QL-B data is critical. Information provided by QL-B can enable the accomplishment of preliminary engineering goals. Decisions regarding location of storm drainage systems, footers, foundations, and other design features can be made to avoid conflicts with existing utilities. Slight adjustments in design can produce substantial cost savings by eliminating utility relocations.&lt;br /&gt;
:4. Quality Level A: QL-A, also known as &amp;quot;locating or potholing&amp;quot;, is the highest level of accuracy presently available and involves the full use of the subsurface utility engineering services. It provides information for the precise plan and profile mapping of underground utilities through the nondestructive exposure of underground utilities, and provides the type, size, condition, material, and other characteristics of underground features.&lt;br /&gt;
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For projects with scopes that have potential for utility conflicts, the minimum level of effort required is SUE Quality Level D. Locations of existing utilities are determined by requesting locates through Missouri 811, also known as the “One-Call” process. Missouri 811 locating requests should be carefully considered for the scope of work of the project. When necessary, the location of existing utilities should be established by a field survey of locate markings and features and shown on the roadway plans. Higher level SUE Quality Levels can be used on any project. Adjustment cost savings, whether to the MoDOT or to the utility owner, are beneficial to the taxpayer. Good SUE projects are typically urban in nature, or in congested areas, where the project footprint is to be minimized, or anytime accurate vertical and horizontal location of the utility facility might allow a design to avoid the utility facility thus preventing the need for the adjustment. The SUE process combines civil engineering, surveying, and geophysics. It utilizes several technologies, including vacuum excavation and surface geophysics.&lt;br /&gt;
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When proposed excavation or installation of subsurface features (drainage, equipment bases, etc.) falls within three feet (3’) of a marked Missouri 811 line, soft digging (hand digging, potholing, vacuum methods, pressurized air/water jetting, pneumatic hand tools, etc.) is required to more exactly locate the utility facility both horizontally and vertically. Utility facilities present within the right of way by permit, should be investigated by the utility owner. Utility facilities that would be reimbursable or partially reimbursable as defined in EP 643.2.8 will be investigated by MoDOT.&lt;br /&gt;
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==643.2.4 Conflict Determination==&lt;br /&gt;
Determination of whether a conflict exists between an existing utility facility and a proposed highway improvement project should occur at the earliest possible stage of project development. A conflict may be the result of the physical interaction between the roadway infrastructure and utility facility, a reduction in cover or increase in fill over underground utilities, a reduction in horizontal clearance whether above or below ground, a reduction in overhead vertical clearance, paving over utilities, or restricting a utility owner’s access to its utility facilities. District utilities staff should work with utilities to determine if a conflict exists and the appropriate plan of adjustment to remedy the conflict. The adjustment to the utility may be a relocation or another measure that protects the utility or access to the utility from the proposed highway improvement project. Determination of a conflict needs to be continually re-evaluated as the project design progresses. Continuing coordination is essential.&lt;br /&gt;
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==643.2.5 Utility Plan of Adjustment==&lt;br /&gt;
===643.2.5.1 Request for Plan of Adjustment===&lt;br /&gt;
District utilities staff will request a plan of adjustment from utility owners whose utility facilities are in conflict with a proposed highway project. The plan of adjustment may consist of efforts to relocate the utility or otherwise protect a utility from the impacts of the proposed highway project. Utilities are shown on the roadway plan and profiles sheets that are furnished to utility owners for use in planning required utility adjustments. Any other sheets such as drainage, traffic signal, lighting, or ITS plans that show impacts to a utility facility should also be provided to the utility owners. All adjustments, reimbursable or not, require a plan of adjustment furnished by the utility owner.&lt;br /&gt;
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A transmittal letter is included in the request for a plan of adjustment. The letter informs the utility owner that regardless of whether an adjustment is reimbursable, no physical adjusting or relocating of their utility facilities to accommodate the proposed highway improvement is to be performed without specific approval and authorization. Additionally, if any part of the adjustment has the potential to be reimbursable, they are advised:&lt;br /&gt;
# They may undertake preliminary engineering by their own forces upon approval by district utilities staff of the estimated costs of preliminary engineering.&lt;br /&gt;
# They may employ a consultant to do the PE work provided they request and obtain prior approval. See [[#643.2.6_Preliminary_Engineering_Requirements|EPG 643.2.6 Preliminary Engineering Requirements]].&lt;br /&gt;
# Any preliminary engineering costs accrued prior to the date of written authorization to proceed will not qualify for reimbursement.&lt;br /&gt;
# Replacement right of way or easements cannot be purchased without specific approval and authorization.&lt;br /&gt;
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===643.2.5.2 Proposed Plan of Adjustment===&lt;br /&gt;
Developing a plan of adjustment is a multi-step process. The utility owner will propose a conceptual approach to adjusting the utility facilities to allow highway construction. This conceptual approach is used as the basis for determining cost responsibility, estimate of costs for preliminary engineering and construction, developing the agreement if necessary, and final design of the adjustment. Negotiations between district utility staff and the utility owner’s representative can result in changes to the design throughout the process.&lt;br /&gt;
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Final plans of adjustment must contain a legend on the first sheet identifying the utility symbols used. They must also show the existing utility facilities and their disposition, the location of the new or adjusted utility facilities, the existing and new right of way lines, the limited or fully controlled access symbols (where applicable), the existing and proposed roadways, ramps, and outer roadways and any other pertinent roadway information. They must contain sufficient details concerning location, elevation, compaction, clean up, etc. to provide for the proper adjustment of the utility facility. Relocated and/or existing utility facilities that will remain in place must be dimensioned or indicated in a manner to show their location in respect to the right of way lines. It is preferred that the utility owner transmits the plan of adjustment by electronic deliverables in a format that can be incorporated into the roadway plans. This will reduce the time and effort necessary as well as increase the accuracy of transferring this information into the roadway plans.&lt;br /&gt;
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Plans of adjustment received from the utility owner are to be checked for compliance with MoDOT’s requirements ([[#643.1_Utilities_Location|EPG 643.1 Utility Location]]) by the district utilities staff. They are also checked to ensure compatibility with the roadway design. Any continuing conflicts are resolved through negotiations with the utility owner.&lt;br /&gt;
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Occasionally, it is impractical to perform a utility adjustment in accordance with MoDOT’s requirements. Sometimes the utility may request approval of a plan of adjustment that does not conform to these requirements. Deviation from MoDOT’s utility requirements is a variance. Refer to [[#643.1.8_Variances|643.1.8 Variance Process]] for additional guidance.&lt;br /&gt;
The final plan of adjustment is included as Exhibit “A” to the agreement ([[#643.2.12_Utility_Agreements|EPG 643.2.12 Agreements]]).&lt;br /&gt;
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==643.2.6 Preliminary Engineering Requirements==&lt;br /&gt;
Preliminary engineering (PE) can be performed one of four ways for utility adjustments:&lt;br /&gt;
# The utility owner can use its own engineering forces.&lt;br /&gt;
# MoDOT can select an engineering consultant, after consultation with the utility owner, and the consultant contract will be administered by MoDOT.&lt;br /&gt;
# The utility owner can select an engineering consultant, with approval by MoDOT, and the consultant contract will be administered by the utility owner.&lt;br /&gt;
# If a utility adjustment is being included in a MoDOT administered construction contract, the preliminary engineering of the adjustment can be provided by MoDOT.&lt;br /&gt;
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For reimbursable utility adjustments, the amount paid to engineers, architects, and others for required engineering and allied services can be included in reimbursement amount provided such amounts are not based on a percentage of the costs of the necessary adjustments to allow highway construction. Reimbursement is available for contracts executed after solicitation of a consultant for the specific adjustment or existing continuing contracts when it is demonstrated that such work is performed regularly for the utility owner in its own work and that the costs are reasonable.&lt;br /&gt;
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A [https://epg.modot.org/forms/general_files/DE/UtilityConsultantContractChecklist.docx checklist is available for reviewing consultant-engineering contracts] to ensure the contract conforms to MoDOT policy and complies with applicable federal regulations. District utilities staff should use the checklist to review contracts and may consult with Audits and Investigations Division as necessary. The procedures in 23 CFR part 172, Administration of Engineering and Design Related Service Contracts may be used as a guide for reviewing proposed consultant contracts. [[:LPA:136.4_Consultant_Selection_and_Consultant_Contract_Management|EPG 136.4 Consultant Selection and Consultant Contract Management]] may also be used as a guide.&lt;br /&gt;
&lt;br /&gt;
===643.2.6.1 Solicited Consultant Contracts===&lt;br /&gt;
If solicitation of PE services is required for reimbursable utility adjustments, the utility owner must provide the following documents and information to district utilities staff. These documents need to be provided as soon as the utility owner has chosen to solicit a consultant. Document 1 must be supplied by all utility owners. Documents 2 and 3 are only required when the utility owner is a local government agency who is also a political subdivision of the state of Missouri (e.g., city-owned utilities, county-owned utilities). All other utility owners are encouraged, but not required, to provide Documents 2 and 3:&lt;br /&gt;
# A statement that the utility owner is not staffed or able to perform the required PE services with its own forces.&lt;br /&gt;
# Provide the names of at least three (3) consultants considered.&lt;br /&gt;
# The criteria used to evaluate each consultant and reasons why the selected consultant was selected.&lt;br /&gt;
&lt;br /&gt;
The following documents need to be provided as soon as the utility owner has successfully negotiated and entered into a contract with the consultant:&lt;br /&gt;
# The name and address of the selected consultant.&lt;br /&gt;
# A statement that the &amp;quot;[https://epg.modot.org/forms/general_files/DE/CertificationOfConsultant.docx Certification of Consultant]&amp;quot; will be furnished immediately upon award of the contract to the consultant.&lt;br /&gt;
# One executed copy of the proposed engineering contract or agreement between the utility owner and consultant, only if the engineering will exceed $5,000.00.&lt;br /&gt;
# The consultant&#039;s fixed (lump sum) or estimated fee (actual cost) and the contract maximum.&lt;br /&gt;
# A cost summary providing a detailed breakdown of the basis for the consultant&#039;s compensation, including estimated labor hours, hourly rates for each classification, overhead rate (if used), the amount of profit charged, and any other estimated charges such as travel expenses, equipment rentals, etc. If an overhead rate is used, the consultant must also submit the supporting overhead rate calculations.&lt;br /&gt;
# An independent cost estimate of engineering services provided by the utility owner to use in comparison to the consultant’s proposed engineering services to check for cost reasonableness.&lt;br /&gt;
&lt;br /&gt;
===643.2.6.2 Continuing Consultant Contracts===&lt;br /&gt;
When a utility owner chooses to use an existing continuing contract for PE services, the utility owner must provide the following documents and information to the district utilities staff as soon as possible.&lt;br /&gt;
# A statement that the utility owner is not staffed or able to perform the engineering with its own forces.&lt;br /&gt;
# The name and address of the consultant under the existing continuing contract.&lt;br /&gt;
# A statement that the &amp;quot;[https://epg.modot.org/forms/general_files/DE/CertificationOfConsultant.docx Certification of Consultant&amp;quot;&amp;quot; will be furnished.&lt;br /&gt;
# A copy of the continuing contract to the district utilities staff. The district utilities staff will review the contract for reasonableness of cost.&lt;br /&gt;
# The consultant&#039;s fixed (lump sum) or estimated fee (actual cost) and the contract maximum for the work associated with the utility adjustment.&lt;br /&gt;
# A cost summary providing a detailed breakdown of the basis for the consultant&#039;s compensation, including estimated labor hours, hourly rates for each classification, overhead rate (if used), the amount of profit charged, and any other estimated charges such as travel expenses, telephone, etc. If an overhead rate is used, the consultant must also submit the supporting overhead rate calculations.&lt;br /&gt;
# An independent cost estimate of engineering services provided by the utility owner to use in comparison to the consultant’s proposed engineering services to check for cost reasonableness.&lt;br /&gt;
&lt;br /&gt;
===643.2.6.3 Consultant Contract Changes===&lt;br /&gt;
If a PE services contract between a utility owner and a consultant needs to be revised, a copy of the revised contract, fee, and schedule should be submitted by the utility owner to the district utilities staff prior to allowing for contract changes. District utilities staff should review the contract changes to ensure the revised contract conforms to MoDOT policy and complies with applicable federal regulations.&lt;br /&gt;
&lt;br /&gt;
==643.2.7 Environmental and Right of Way==&lt;br /&gt;
===643.2.7.1 Utilities and Environmental Clearances===&lt;br /&gt;
District utilities staff should coordinate with the TPM and utility owner’s representative to understand and communicate on known environmental and cultural constraints that could impact a utility owner’s plan of adjustment. This will allow the utility owner to consider permitting timelines and alternatives that avoid environmental or cultural resources to keep the project on schedule.&lt;br /&gt;
&lt;br /&gt;
One strategy to make project delivery more efficient and ensure regulatory compliance is for MoDOT to obtain the environmental and cultural resource permits and clearances for the utility owners associated with a roadway improvement while obtaining its own. This would generally only be for the permits and regulatory clearances MoDOT already needs to pursue as a part of the transportation improvement.&lt;br /&gt;
&lt;br /&gt;
District utilities staff should coordinate with the utility owner’s representative early in the project timeline to determine if it is in the best interest of both MoDOT and the utility owner to obtain permits and environmental clearances jointly. The following strategies can be utilized to determine if a joint approach to environmental work should be pursued:&lt;br /&gt;
* If utility facilities are moving to a location within or immediately adjacent to MoDOT right of way, a utility owner may be invited to participate in permitting and environmental compliance activities.&lt;br /&gt;
* If utilities move to a location not within or adjacent to MoDOT right of way, the utility company would not normally be invited to participate in permit applications and environmental compliance activities. However, some unique projects may necessitate further attention and should be discussed with the Design Liaison Engineer.&lt;br /&gt;
&lt;br /&gt;
If MoDOT and the utility owner agree to obtain joint permits and clearances, written communication between the utility owner’s representative and the district utilities staff should document the following items:&lt;br /&gt;
* List of the permits and clearances that MoDOT will acquire on behalf of the utility owner.&lt;br /&gt;
* List of the information needed from the utility owner in order for MoDOT to acquire the permits and clearances.&lt;br /&gt;
* Schedule and deadlines for submittal of the information by the utility owner. For example: utility plans, fill quantities, construction methods, dates, or seasons of construction.&lt;br /&gt;
&lt;br /&gt;
Permits and clearances that may be needed by both a utility owner and MoDOT include:&lt;br /&gt;
* [[127.7_Threatened_and_Endangered_Species|Endangered Species Act consultation and clearance]]&lt;br /&gt;
* [[127.2_Historic_Preservation_and_Cultural_Resources#127.2.1.1_Historic_Preservation_Regulations_and_Laws|Section 106 of the National Historic Preservation Act clearance]]&lt;br /&gt;
* [[127.10_Section_4(f)_Public_Lands|Section 4(f) clearance]]&lt;br /&gt;
* [[127.10_Section_4(f)_Public_Lands#127.10.1.4_Section_6(f)_Laws_and_Regulations|Section 6(f) of the Land and Water Conservation Fund Act clearance]]&lt;br /&gt;
* [[127.4_Wetlands_and_Streams|Section 401 and Section 404 of the Clean Water Act permits]]&lt;br /&gt;
* [[:Category:806_Pollution,_Erosion_and_Sediment_Control#806.1_Introduction_(see_Sec._806)|Section 402 of the Clean Water Act permit (State Operating Permit for Erosion Control)]]&lt;br /&gt;
* [[127.8_Hazardous_and_Solid_Waste|Recommendations on contaminated soil disposition]]&lt;br /&gt;
&lt;br /&gt;
===643.2.7.2 Right of Way Acquisition and Utilities===&lt;br /&gt;
The Commission is obligated to acquire the width of right of way required by the design of the highway improvement. For utility facilities currently located within the Commission’s right of way, this includes the necessary space for the utility facilities impacted by the design of the highway improvement. Either additional right of way width to accommodate a utility corridor or a utility easement can be obtained for the relocation of utility facilities. When drainage easements are acquired along a channel, additional space for utility facilities should be considered to avoid conflicts between the utility facility and the bridge or culvert.&lt;br /&gt;
&lt;br /&gt;
District utilities staff should inform the utility owner’s representative of the potential of a conflict between an existing utility facility and a proposed highway construction project early in the project development process to allow sufficient time for the utility owner to prepare a plan of adjustment and notify the district utilities staff of any easement needs. When utility facilities are located on a utility owner’s private easement, the utility owner may obtain its own new easements. If the utility owner is not in a position to negotiate for new easements or if the utility owner’s policies will not permit it to condemn property to obtain the easement, MoDOT can acquire the easement in the same manner roadway right of way is obtained. The district utilities staff should verify the utility owner is aware of the opportunity to have MoDOT acquire the easement, and the utility owner should provide written documentation on whether the utility owner would like to pursue this option with MoDOT.&lt;br /&gt;
&lt;br /&gt;
For situations where the utility owner will obtain its own replacement right of way and the cost of the adjustment is MoDOT’s responsibility, the utility right of way cost should be reviewed by the district right of way department to ensure the cost is reasonable and acquisition followed state and federal regulations. In order to expedite utility adjustments necessary to allow highway construction, the district utility staff may authorize the utility owner to obtain easements prior to all details of a plan of adjustment being developed. In this situation, the district utilities staff should ensure enough details are known to justify the needed right of way, and an agreement for right of way costs only should be executed with the utility owner.&lt;br /&gt;
&lt;br /&gt;
For situations where MoDOT will obtain the right of way necessary to allow highway construction, district utility staff should negotiate with the utility owner’s representative to ensure all necessary utility easements are shown on the approved right of way plans. The TPM should confirm with district utilities staff that the right of way plans accurately reflect the needs of the utility owners prior to requesting right of way plan approval. The district Right of Way Manager should confirm with district utilities staff before requesting an acquisition date (A-date). Every effort should be made to avoid adding utility easement requests once negotiations with property owners have begun.&lt;br /&gt;
&lt;br /&gt;
Occasionally, when negotiations cannot be completed for easements for the adjustment of utility facilities, it may be necessary to condemn for the property. District utilities staff should coordinate with the utility owner’s representative to ensure no alternate design for the adjustment of the utility facility is practical. The decision to condemn for easements for the adjustment of the utility facilities requires the exercise of good judgment in reaching the conclusion that further good faith negotiations are futile and condemnation is necessary to maintain the project in the scheduled letting. The TPM should coordinate with the district utilities staff and district Right of Way (RW) personnel on the condemnation proceedings.&lt;br /&gt;
&lt;br /&gt;
Easement and other right of way documents used with utility owners are handled in accordance with procedures established jointly with RW and district utilities staff. District survey staff prepare the land descriptions for use in utility easements. The district utilities staff is responsible for completion of the easements in the correct form and scope. A sketch delineating the area described is attached to the easement as Exhibit “A”. Communication with the Design Division will ensure use of proper forms, corporate names and locations, and particular wording required for joint ownerships. The description for a utility easement is to be referenced to the nearest land corner shown on the plans. Examples of easements can be found in the template list in [https://netprod3.dot.missouri/eAgreements/Search/QuickSearch eAgreements].&lt;br /&gt;
&lt;br /&gt;
In situations where MoDOT is acquiring right of way with existing utility easements, but the district utilities staff and the utility owner’s representative agree that the utility facility may remain in place, the utility owner will release the property to the Commission separate from the right of way acquisition. This is done by executing an Easement for Highway Construction (UT16). The utility owner grants and conveys, with warranty of title expressed or implied, to the Commission, the right to construct, reconstruct, and maintain a highway over and across that portion of the easement owned and held by the utility owner. In the future, the utility owner retains any reimbursable rights should future projects require adjustments to allow highway construction.&lt;br /&gt;
&lt;br /&gt;
==643.2.8 Cost Responsibility==&lt;br /&gt;
In addition to determining if a conflict exists between an existing utility facility and a highway improvement project, it is important to determine who is responsible for the costs of the necessary adjustments to allow highway construction. An adjustment for which the Commission is responsible for the costs is known as a reimbursable adjustment. An adjustment for which the Commission is not responsible for the costs is known as a non-reimbursable adjustment. An adjustment for which the Commission and the utility share responsibility for costs is known as a partially reimbursable adjustment. Adjustments determined to be reimbursable or partially reimbursable by the Commission are to be completed under the terms of an agreement executed between the utility owner and the Commission.&lt;br /&gt;
&lt;br /&gt;
===643.2.8.1 Commission Responsibility===&lt;br /&gt;
====643.2.8.1.1 Utility Facilities Located on Private Easements====&lt;br /&gt;
When the utility facility is located on a private easement within the new right of way to be acquired for a future project, the Commission is responsible for the cost of the necessary adjustments to allow highway construction. It may be possible that such easement does not have written easement rights. The Commission will honor this oral right provided acceptable documentation is provided by the utility owner to the district utilities staff. An [https://epg.modot.org/forms/general_files/DE/NonwrittenEasementRights_Example.docx example of acceptable documentation for not written easement rights] is available. Other forms of documentation will be considered on an individual basis.&lt;br /&gt;
&lt;br /&gt;
=====643.2.8.1.1.1 Future Moves=====&lt;br /&gt;
When the utility facility is located on a private easement, taken into the Commission’s right of way, the Commission may agree that any future moves of the same utility by Commission order may be made at the Commission’s cost. Documentation of this agreement is by an Easement for Highway Construction (UT16) agreement. If the Commission provides a substitute private easement, then the Commission will have future obligations consistent with the utility facility’s status in an easement.&lt;br /&gt;
&lt;br /&gt;
====643.2.8.1.2 Utility Facilities Located within Commission Right of Way====&lt;br /&gt;
When the utility facility is located within Commission right of way, but has prior land rights, the Commission is responsible for the cost of adjustments to allow highway construction. The utility owner is responsible for documenting to the satisfaction of the district utilities staff, the basis for the claim of prior land rights within Commission right of way. Time spent researching prior rights is considered coordination and is reimbursable.&lt;br /&gt;
&lt;br /&gt;
====643.2.8.1.3 City or County Utility Facilities on City or County Streets====&lt;br /&gt;
When roadway improvements are within the corporate limits of cities, towns, and villages, a municipal agreement is negotiated between the Commission and the municipality. Likewise, when roadway improvements are within the limits of a county and outside the municipal limits, a county agreement is negotiated between the Commission and the County Commission. Included in these agreements are provisions regarding reimbursement for adjusting city or county owned utility facilities. Reimbursement is provided for adjustment of city or county owned utility facilities that are now located on city or county streets and not on Commission right of way.&lt;br /&gt;
&lt;br /&gt;
====643.2.8.1.4 Lumen====&lt;br /&gt;
Lumen – National (formerly CenturyLink, Lightcore, or Digital Telephone, Inc. (DTI)) and the Commission have entered into a partnership agreement, “Amended and Restated Fiber Optic Cable on Freeways in Missouri,” executed June 5, 2003 which obligates the Commission to be responsible for the cost of the necessary adjustments to allow highway construction along the routes identified in the agreement. A copy of the agreement is available to district utilities staff.&lt;br /&gt;
&lt;br /&gt;
====643.2.8.1.5 Services to the Commission====&lt;br /&gt;
When a utility facility provides a service connection to local Commission facilities such as power to traffic signals, lighting, ITS, and cathodic protection and phone drops to traffic signal controllers or other Commission facilities, the Commission is responsible for the cost of the necessary adjustments to allow highway construction.&lt;br /&gt;
&lt;br /&gt;
====643.2.8.1.6 Private Service Lines====&lt;br /&gt;
While most utility owners reconnect the private service lines at no cost to the property owner, some do not. If a utility owner does not reconnect service lines, MoDOT can include adjustment of private service lines in roadway contracts. Bid items for relocating service connections are provided for the different types of anticipated adjustments.&lt;br /&gt;
&lt;br /&gt;
====643.2.8.1.7 Second Moves====&lt;br /&gt;
If the Commission requires additional work to a utility facility after the facility has been relocated or adjusted in accordance with a plan of adjustment approved by the Commission for a single project number, the Commission is responsible for the cost of the additional work regardless of whether the initial adjustment was Commission responsibility as outlined in other parts of [[643.2_Local_Utility_Adjustments_-_Public_and_Private#643.2.8.1_Federalizing_Funds_for_Preliminary_Engineering 643.2.8.1]].&lt;br /&gt;
&lt;br /&gt;
The purpose of the policy is to encourage utilities to relocate early rather than waiting until plans are published for bidding. The policy eliminates the utility having to relocate twice at its own expense because of late changes in the design. It is best to have utilities relocated prior to construction, and this policy helps achieve that goal. Therefore, it is imperative that the designer notifies district utilities staff as soon as possible of any changes made after these plans have been sent. If notified immediately, it may be possible to inform the utility owner prior to their final design thereby eliminating a second move.&lt;br /&gt;
&lt;br /&gt;
Under this policy, the following are not considered second moves. Temporary and staged relocations necessary to accommodate construction and agreed upon by the utility and the Commission prior to relocation are considered a single move and are not subject to the provisions of the second move policy. If the Commission requires adjustment of a utility facility for which the utility owner is responsible for the cost of the adjustment and was originally determined to not need adjustment, the utility owner is responsible for the cost of the adjustment. The utility owner is responsible for the cost of additional work to any portion of the utility facility after the utility facility has been adjusted in accordance with a plan of adjustment approved by the Commission if the additional work is required by the Commission due to error by the utility owner in preparation of plan of adjustment, field location of, or construction of the adjustment of the utility facility.&lt;br /&gt;
&lt;br /&gt;
When evaluating construction contract changes by change order or value engineering, the impacts of the second move policy should be considered.&lt;br /&gt;
&lt;br /&gt;
===643.2.8.2 Utility Owner Responsibility===&lt;br /&gt;
====643.2.8.2.1 Utility Facilities Owned and Operated by a Political Subdivision====&lt;br /&gt;
When a utility facility is located within Commission right of way, but does not have prior land rights, the utility owner is responsible for the cost of the necessary adjustments to allow highway construction. When a utility facility is located on public right of way other than Commission right of way, the utility owner is responsible for the cost of the necessary adjustments to allow highway construction.&lt;br /&gt;
&lt;br /&gt;
When a political subdivision must bear part or all the cost of adjustments to their utility facilities, and the cost creates a financial hardship, the Commission, by its authorized representative, the Chief Engineer, may temporarily assume these costs. A payback agreement with the political subdivision will include an applicable interest rate for a comparable maturity from a widely published index of tax-exempt municipal rates obtained from Financial Services. Payback time will not exceed five (5) years.&lt;br /&gt;
&lt;br /&gt;
====643.2.8.2.2 Utility Facilities Other Than Those Owned by a Political Subdivision====&lt;br /&gt;
When a utility facility is on the right of way of a public road or street or on state highway right of way without prior land rights and adjustment is necessary to allow for the construction of a roadway improvement, the utility owner is responsible for the cost of the necessary adjustments to allow highway construction.&lt;br /&gt;
&lt;br /&gt;
===643.2.8.3 Shared Responsibility===&lt;br /&gt;
When a utility facility is located such that portions of it are a Commission responsibility and portions of it are a utility owner responsibility by the definitions above, the costs of the necessary adjustments to allow highway construction will be split by the Commission and the utility owner. If the exact cost for each party can be determined, each party will be responsible for their portion of the cost of relocating the utility facility. If the exact cost for each party cannot be determined, the parties will arrive at a percentage reimbursement on an equitable basis.&lt;br /&gt;
&lt;br /&gt;
===643.2.8.4 Notice of Hearing===&lt;br /&gt;
When relocation or other difficulties with utility facilities on public right of way arise that prevent resolution by negotiation, formal hearings will be required.&lt;br /&gt;
&lt;br /&gt;
The district initiates a request for a utility relocation hearing with a letter to the Chief Counsel’s Office (CCO) (a copy is provided to the Design Division) requesting a hearing date. CCO will arrange for a hearing room, court reporter, etc. and advise the district of the hearing date.&lt;br /&gt;
&lt;br /&gt;
The district will prepare the notice of hearing by strictly following the given format and serve the notice on all persons and utility owners listed. The property and utility owner must be served only by personal service or by mailing a certified letter, return receipt requested, no later than 15 days before the date of hearing. This will require the district to make every effort to identify the correct property owner before preparing the notice of hearing. To avoid delays, every attempt will be made to issue the hearing notice at least 30 days prior to the hearing date in case any property has changed ownership and any additional property owners must be served. A notice of hearing on service line connections will also be served on the private or public owner of the main or distribution line to which the service lines are connected. A notarized &amp;quot;Report of Personal Service&amp;quot; will be completed when notification by certified mail is not used.&lt;br /&gt;
&lt;br /&gt;
One copy of the hearing notice and attachments, &amp;quot;Report of Personal Service&amp;quot; and certified mail notices are to be submitted to CCO after notification is complete.&lt;br /&gt;
&lt;br /&gt;
Prior to the hearing, the district&#039;s representative will become familiar with the details of the utility adjustment in order to provide concise testimony to expedite the hearing process. CCO will assign an attorney to work with the district and present the case.&lt;br /&gt;
&lt;br /&gt;
Refer to 7 CSR 10-3.030 020 Utility Relocation Hearings for additional information.&lt;br /&gt;
&lt;br /&gt;
A Waiver of Hearing should be obtained for non-reimbursable adjustments to document the commitment of the utility owner to adjust its utility facilities without adversely impacting the highway construction project. This may be accomplished informally via written communications between the district utilities staff and the utility owner’s representative. A formal Waiver of Hearing statement may be requested by either MoDOT or the utility owner. A sample transmittal letter for the Waiver of Hearing is available. For reimbursable or partially reimbursable adjustments, the formal agreement serves as the basis of documentation of this commitment.&lt;br /&gt;
&lt;br /&gt;
==643.2.9 Estimates==&lt;br /&gt;
District utilities staff will negotiate with utility owners to determine reimbursable costs of the necessary adjustments to allow highway construction (EPG 643.2.8 Cost Responsibility). These estimates are prepared in accordance with the provisions of 23 CFR 645 and any amendment thereto. These estimates must reflect the same procedures and costs used by the utility owners in their normal operations and must also accurately represent the expected costs of the work. The utility owner’s estimate will be reviewed by the district utilities staff to ensure compliance with 23 CFR 645.&lt;br /&gt;
&lt;br /&gt;
===643.2.9.1 Independent Cost Estimate===&lt;br /&gt;
The independent cost estimate provides the basis for district utilities staff to review the utility owner’s estimate of costs of the necessary utility adjustments to allow highway construction and any subsequent negotiations with the utility owner. The district utilities staff should prepare an independent cost estimate. The independent cost estimate may be based on unit prices of anticipated items of work in a utility adjustment necessary to allow highway construction. The independent cost estimate alternately may be based on recent similar types of utility adjustments necessary to allow highway construction and scaled for size. Consultants can be used to develop the independent cost estimate. All documentation of the independent cost estimate should be placed in MoProjects.&lt;br /&gt;
&lt;br /&gt;
===643.2.9.2 Type of Project Cost Estimates===&lt;br /&gt;
Either Actual Cost or Lump Sum estimates may be used for estimating the costs on the necessary utility adjustments to allow highway construction. If an Actual Cost estimate is used, detailed records of materials, labor, and equipment are made by district utilities and/or construction staff during construction, and a final audit of the utility owner’s cost records is made to determine the Commission’s actual responsibility for costs of the adjustment completed to allow highway construction. If a Lump Sum estimate is used, a final audit of costs for an adjustment in payment is not required. The Actual Cost method requires more detailed record keeping and documentation by the utility owner and district staff during construction. The Lump Sum method requires more upfront detail and work by the utility owner and judgment on the district utilities staff on the acceptability of the cost. The district utilities staff will work with the utility owner’s representative to determine the best type of estimate and therefore agreement to use.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.2.1 Actual Cost Estimate====&lt;br /&gt;
The cost estimate that supports the actual cost agreement is prepared in sufficient detail to determine the reasonable expected cost of the work to support development of an agreement between the utility owner and the Commission. However, reimbursement is based on the actual costs of design and construction of the necessary adjustment to allow highway construction. The actual cost estimate should detail all costs of the necessary adjustment to allow highway construction, even if the Commission is only responsible for a portion of the costs as detailed in EPG 643.2.8.3 Shared Responsibility.&lt;br /&gt;
&lt;br /&gt;
Actual cost estimates can be used for any dollar amount of reimbursement.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.2.2 Lump Sum Estimates====&lt;br /&gt;
The cost estimate that supports the lump sum agreement must be accurate, comprehensive, verifiable, and in sufficient detail to present a clear picture of the work involved and the cost of the individual items. The estimate may cover only that portion of the adjustment for which the Commission is responsible for the costs of the necessary utility adjustments to allow highway construction.&lt;br /&gt;
Lump sum estimates are limited to a maximum of $200,000 of Commission responsibility of costs of the necessary utility adjustments to allow highway construction; however, exceptions may be made for special situations that have prior approval from Design Division. These exceptions usually cover major relocations for which the Commission&#039;s proportionate responsibility is extremely small.&lt;br /&gt;
&lt;br /&gt;
===643.2.9.3 Utility Cost Estimate Requirements===&lt;br /&gt;
Whether using an Actual Cost or Lump Sum estimate, the following should be included in the estimate, if applicable. If any of the following sections are not included in the estimate, a qualifying statement as to why the costs were not included should be provided.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.1 Scope of Work====&lt;br /&gt;
All estimates require a concise summary of the work to be performed on the estimate. An example is &amp;quot;an estimate of cost covering the work of relocating Company&#039;s 12-inch Cushing-Woodriver pipeline to accommodate construction of Route 47 in Franklin County on Job No. J6P0172&amp;quot;.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.2 Engineering Costs====&lt;br /&gt;
Costs of engineering, whether preliminary or construction, must be shown as separate items and are not to be included with &amp;quot;labor costs&amp;quot;. Concurrent cost accounting procedures of FHWA and MoDOT make this a necessity. See EPG 643.2.6 Preliminary Engineering and EPG 643.2.16.2 Construction Contract Requirements for further information.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.3 Right of Way Costs====&lt;br /&gt;
A detailed estimate of the cost to acquire replacement easements by the utility owner is required. The cost should be supported by a right of way plan.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.4 Material Costs====&lt;br /&gt;
Quantities, description of the item, the unit cost, and the extended totals are shown. Percentage computations will be shown immediately following &amp;quot;total cost&amp;quot; so the utility owner’s and Commission&#039;s cost obligations are properly indicated. Unit assembly costs similar to those used by several of the rural electric association (R.E.A.) cooperatives are acceptable, provided the same units and charges are used in the utility owner’s regular operations. A handling charge conforming with the utility owner’s regular procedures may also be included.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.5 Labor Costs====&lt;br /&gt;
Hours, individual or crew rates, and extended totals are shown. Payroll additives such as insurance, retirement, social security, vacation, and other benefits are shown as a separate item under this heading in accordance with utility owner’s regular procedures. Adequate explanation must be given for total percentage used, especially in those cases where materials and labor are combined as unit costs or where labor percentages include additives and equipment requirements.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.6 Equipment Costs====&lt;br /&gt;
A description of the equipment to be used must be shown jointly with the number of hours to be charged. Rates charged for equipment usage must be justified by the utility owner’s established accounting procedures. When the utility owner does not have an established accounting procedure or a capitalization and depreciation schedule that is used in its own operations, the rates are to be established by using rental rate publications as a guide. A reasonable amount will be deducted, when using rental rate schedules, for profit that the rental company realizes. A full explanation of the methods used in establishing the rates must also be submitted to support the utility owner’s request and with approval of the district utilities staff.&lt;br /&gt;
&lt;br /&gt;
Equipment may be rented when the utility owner’s equipment is not available or is inadequate, with the rental rate justified by appropriate solicitation of bids. See EPG 643.16.2 Construction Contract Requirements for further information.&lt;br /&gt;
&lt;br /&gt;
Unusual accounting procedures may be accepted with adequate prior explanations and approval of the Design Division.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.7 Removal Costs====&lt;br /&gt;
These costs are estimated and shown in a similar method but separately from installation costs. When removal costs exceed salvage credits by more than the estimated cost of removal by the roadway contractor, an effort should be made to persuade the utility owner to abandon the utility facilities in place. An exception is made when the utility owner is required to remove abandoned utility facilities because of liability, hazard, or by specific agreement with the Commission. Abandoned utility facilities can be included with the miscellaneous removals in the roadway contract. It may be possible for the utility owner to remove those portions of the utility facility for which credits will exceed removal costs, with the remainder of the utility facility to be abandoned for removal in the roadway contract. Materials removed must be itemized, with the utility owner’s customary salvage credit given. Items to be scrapped or junked should be indicated. Whenever a utility facility or portion thereof is shown to be abandoned on the plan of adjustment, the roadway plans should be notated accordingly. This eliminates ownership problems if these utility facilities are removed or salvaged by the roadway contractor.&lt;br /&gt;
&lt;br /&gt;
When the utility facility is no longer needed and removal is necessary to accommodate the roadway project, the removal of the item may be handled either as a right-of way-item or a utility adjustment. When handled as a right of way item, the damages allowed are to equal the depreciated value of the utility facility, with the necessary removals being accomplished by the roadway contractor. If accomplished as a utility adjustment, the Commission, by utility agreement, will reimburse the utility owner for removal costs and receive salvage credit for the material removed, up to but not exceeding removal costs.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.8 Salvage of Removed Materials====&lt;br /&gt;
This statement, to explain the salvage credit or lack of credit, will reflect routine utility owner policy as well as the particular situation. The utility owner will place a value on any recovered material for salvage. District utilities staff should check this value for reasonableness. Examples of salvage statements include:&lt;br /&gt;
* Existing utility facilities to be abandoned in place, since the cost of salvaging, based on our past experience, will exceed their value.&lt;br /&gt;
* Only those items will be salvaged for which salvage credit will exceed the cost of removal and salvage.&lt;br /&gt;
* Company liability requires removal of the retired utility facilities, even though the cost of removal will exceed allowable credit for salvage.&lt;br /&gt;
* Salvage credits are in accordance with established company accounting procedures.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.9 Accrued Depreciation Credits====&lt;br /&gt;
Credit is required for the accrued depreciation of a utility facility that is being replaced. Examples are a building, structure, pumping station, filtration plant, power plant, substation, or other similar operational unit. Credit for accrued depreciation will not be required for a segment of the utility&#039;s service, distribution, or transmission lines. It is also not required when the building or structure is being moved as necessitated by the highway project. Acceptable accrued depreciation credit will be determined by using the following formula:&lt;br /&gt;
&amp;lt;math&amp;gt;\frac{\text{Actual Length of Service of Replaced Facility (Years)}}{\text{Total Estimated Service Life of Replaced Facility (Years)}} x&amp;lt;/math&amp;gt;&amp;lt;span style=&amp;quot;font-family: &#039;Times New Roman&#039;, Times, serif; font-size: 130%;&amp;quot;&amp;gt; Original Cost ($) = Credit ($)&amp;lt;/span&amp;gt;&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.10 Betterment Credits====&lt;br /&gt;
Betterment means the upgrading of the utility facility being relocated, made solely for the benefit of and at the election of the utility owner and is not attributable to the roadway improvement. Credit to the Commission is required for the additional costs incurred for the betterments introduced in the adjusted utility facility. No betterment credit is required for additions or improvements which are:&lt;br /&gt;
* Required by the highway project&lt;br /&gt;
* Replacement devices or materials that are of equivalent standards although not identical&lt;br /&gt;
* Replacement of devices or materials no longer regularly manufactured with next highest grade or size&lt;br /&gt;
* Required by law under governmental and appropriate regulatory commission code&lt;br /&gt;
* Required by current design practices regularly followed by the utility owner in its own work, and there is a direct benefit to the highway project&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.11 Overhead Costs====&lt;br /&gt;
Overhead costs are usually a percentage of the total labor cost. This item must be in accordance with the utility owner’s established accounting procedures, which in some cases may include handling costs or be a percentage of the total cost of the work involved. Additional attention to overhead costs is required when the rate is different from previously accepted rates. Occasionally, it can be difficult to obtain the necessary information at the time of the estimate to approve the overhead rates. In this situation, the estimate can be approved with exception of the overhead rates for payment. The utility owner is informed of this matter with the understanding that the overhead rates could be approved and paid with submission of appropriate supporting data and Financial Services audit review.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.12 Prorating Costs====&lt;br /&gt;
The need for prorating utility adjustment costs occurs when both the Commission and the utility owner are responsible for a portion of the utility adjustment necessary to allow for highway construction, and the actual costs for reimbursement in each category cannot be explicitly determined. Generally, the following conditions require division of costs:&lt;br /&gt;
* The adjustment is considered partially reimbursable per EPG 643.2.8.3&lt;br /&gt;
* Betterments are included in the necessary adjustment of the utility facility&lt;br /&gt;
&lt;br /&gt;
The district utilities staff should negotiate with the utility owner’s representative to determine an equitable basis for the prorating of costs based on the characteristics of the utility adjustment necessary to allow for highway construction.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.13 Costs Records====&lt;br /&gt;
The estimate should include a statement as to where the utility owner’s cost records may be reviewed. An example: &amp;quot;Company cost records will be available in our office at 2134 Industrial Avenue, Tulsa, Oklahoma&amp;quot;.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.14 Other====&lt;br /&gt;
Additional statements will explain or further clarify the work that is included. Such other items may include bypasses, special equipment, need for larger utility facilities, etc.&lt;br /&gt;
&lt;br /&gt;
==643.2.10 Schedule==&lt;br /&gt;
Timely adjustments of utility facilities are essential for efficient completion of highway construction projects. Ideally, all utility adjustments are completed prior to a project’s Plans, Specifications, and Estimate (PS&amp;amp;E) submittal to Central Office. Depending on the specifics of the highway construction and utility adjustment necessary, early completion of the utility adjustment may not be practical. The district utilities staff should negotiate with the utility owner to determine the schedule parameters necessary for the utility adjustment. At a minimum, the utility owner should document the dates it anticipates starting and completing the work. If a utility adjustment depends upon the completion of a portion of the highway construction, the necessary milestone for starting the utility adjustment should be documented along with an anticipated number of working days to complete the utility adjustment. The schedule is included as Exhibit “C” to the agreement.&lt;br /&gt;
&lt;br /&gt;
==643.2.11 Pre-Audits==&lt;br /&gt;
The district utility staff performs a pre-audit review and approval prior to preparation of the agreement. A pre-audit checklist should be completed and saved in MoProjects.&lt;br /&gt;
&lt;br /&gt;
==643.2.12 Utility Agreements==&lt;br /&gt;
Whenever the Commission is responsible for the cost of the necessary adjustments to allow highway construction, an agreement is required. If a Master Reimbursable Utility Agreement (see EPG 643.2.12.2) has not been executed with the utility owner, a Project Specific Agreement (see EPG 643.2.12.3) is executed between the utility owner and the Commission. In some cases, it may be more practical for the Commission to include adjustment of utilities into a Commission administered contract. A Utility Agreement - Actual Cost (For Utility Work That is to be Included in the Missouri Highways and Transportation Commission&#039;s Road Project) (see EPG 643.2.12.4). Agreements include a plan of adjustment (Exhibit “A”), cost estimate (Exhibit “B”), and schedule (Exhibit “C”).&lt;br /&gt;
&lt;br /&gt;
The Utility Agreement boilerplate forms have been approved by the Chief Counsel’s Office (CCO). They are identified in the upper left-hand corner of each agreement by an identifier such as CCO Form: UT01 for the Master Reimbursable Utility Agreement. CCO updates these agreements as necessary. They serve as a guide in the preparation of the agreement to be executed with the utility owner for the adjustments required to their utility facilities to accommodate the proposed roadway improvement project. District utilities staff should use the latest version of the agreement found in eAgreements in drafting an agreement with utility owners. A list of utility agreements and detailed information concerning the sequence for preparing and executing an agreement is available in EPG 153 Agreements and Contracts.&lt;br /&gt;
&lt;br /&gt;
These forms are to be used word for word. Revisions or additions are only made to address specific project details. The intent of each paragraph must be retained, although specific words may be revised to fit the particular situation. No paragraphs are deleted without prior approval from CCO. For guidance on acceptance of liability, refer to the Acceptance of Liability Policy at the CCO SharePoint page. Drafts of agreements having major revisions or complications are to be submitted, with supporting data, to Design Division for comment and approval.&lt;br /&gt;
&lt;br /&gt;
A reference to 23 CFR 645 is included in all agreements. Utility owners must be acquainted with these requirements and procedures. The incorporation of 23 CFR 645 by reference in all agreements eliminates the need for a second set of regulations to be included in the document.&lt;br /&gt;
&lt;br /&gt;
The agreement for the adjustment of a utility is prepared by the district utilities staff and submitted to the utility owner for execution. The agreement is based on the plan, estimate of cost which was prepared in accordance with 23 CFR 645, and schedule. Authorized individuals representing the utility owner will execute the agreement. The agreement must be signed, sealed, and if necessary, notarized by the utility owner. If the utility owner does not have or use a corporate seal, write &amp;quot;NO SEAL&amp;quot; under the signatures of the owner’s officers. Agreements with political subdivisions are to be supported by an appropriate ordinance, a copy of which is to be submitted with the executed agreements. All copies will be forwarded to the CCO for further handling. A fully executed copy of the agreement will be retained in eAgreements. If the agreement was executed using electronic signatures, the district utilities staff should forward an electronic copy of the fully executed agreement to the utility owner. If the agreement was executed using wet signatures, one (1) paper copy of the fully executed agreement will be returned by the Commission Secretary’s Office to the district utilities staff. The district utilities staff will forward this copy to the utility owner.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.1 Buy America Build America Requirements===&lt;br /&gt;
All agreements contain information on Buy America Build America (BABA) compliance. The utility owner should select the method of certification (See EPG 643.2.19) at the time of agreement completion. The appropriate paragraph will be inserted into the agreement. All BABA compliance documents must be retained by the utility owner and made available upon request at no cost to the Commission and/or FHWA.&lt;br /&gt;
&lt;br /&gt;
====643.2.12.1.1 Utility Owner Self-Certification====&lt;br /&gt;
The City/Company certifies that when determining products/materials subject to Buy America Build America requirements to use in the performance of this Agreement, it shall use only such products/materials for which it has received a certification from its supplier, or provider of construction services that procures the product/material, certifying compliance with Buy America Build America requirements. This does not include products/materials for which waivers have been granted pursuant to 23 CFR 635.410. The City/Company will not be required to provide the Commission copies of the supplier certification as part of this Agreement or with the final invoice of said Commission’s Federal-Aid Highway Construction Project.&lt;br /&gt;
&lt;br /&gt;
====643.2.12.1.2 Vendor/Manufacturer Certification====&lt;br /&gt;
The City/Company certifies that when determining products/materials subject to Buy America Build America requirements to use in the performance of this Agreement, it shall use only such products/materials for which it has received a certification from its supplier, or provider of construction services that procures the product/material, certifying compliance with Buy America Build America requirements. This does not include products/materials for which waivers have been granted pursuant to 23 CFR 635.410. The City/Company shall provide to the Commission all Buy America compliance documents as outlined in the Commission’s Engineering Policy Guide 643. All required compliance documents shall accompany the final invoice submitted to the Commission.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.2 Master Reimbursable Utility Agreements===&lt;br /&gt;
The UT01: Master Reimbursable Utility Agreement (MRUA) is a statewide agreement that has been executed by the utility owner and the Commission for all future reimbursable utility adjustments between both parties. Once a MRUA is executed, no other utility agreements are required on design-bid-build projects. The district utilities staff should encourage utility owners to enter into a MRUA with the Commission to reduce potential future delays in executing a project specific agreement. A list of previously executed Master Reimbursable Utility Agreements is available. District utilities staff should add newly executed agreements to this list. The MRUA can be employed as either an actual cost (EPG 6432.12.3.1) or lump sum (EPG 643.2.12.2.2) agreement. When the reimbursable adjustment will utilize a MRUA, the district utilities staff will prepare a MRUA correspondence letter (“letter agreement”) referencing the executed MRUA. A copy of the MRUA correspondence letter should be saved in MoProjects for reference by Financial Services, the district construction office, and the district staff responsible for inspection of utility adjustments. All project specific items such as type of agreement (actual cost or lump sum), plan of adjustment, estimated total cost, cost allocation, and schedule are addressed in the MRUA correspondence letter from the district utilities staff to the utility owner. A flowchart of the MRUA process is available.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.3 Project Specific Agreements===&lt;br /&gt;
If a utility owner does not have a MRUA with the Commission, a project specific agreement will be required for every project for which the Commission is responsible for the necessary adjustments to allow highway construction. The project specific agreement will be either an actual cost (EPG 643.2.12.3.1) or lump sum (EPG 643.2.12.3.2) agreement.&lt;br /&gt;
&lt;br /&gt;
====643.2.12.3.1 Actual Cost Agreements====&lt;br /&gt;
The UT03: Utility Agreement – Actual Cost is used when detailed estimates are not practical or costs appear to be questionable. Details on actual cost estimates can be found at EPG 643.2.9.2.1 Actual Cost Estimates. Once the final invoice on a UT03 is submitted to Financial Services, district utilities staff should change the status on the agreement in eAgreements to completed.&lt;br /&gt;
&lt;br /&gt;
====643.2.12.3.2 Lump Sum Agreements====&lt;br /&gt;
The UT02: Utility Agreement – Lump Sum eliminates the need for keeping detailed records of cost and the auditing of cost records. Estimates of cost must be prepared in detail for use of this agreement. When detailed estimates are not practical or costs appear unreasonable, actual cost agreements are to be used. Use of special forms of agreements, such as &amp;quot;subordination agreements&amp;quot;, which are desired by certain utility owners, is acceptable. These, too, must be revised to cover the particular situation. Details on lump sum estimates can be found at EPG 643.2.9.2.2 Lump Sum Estimates. Once the final invoice on a UT02 is submitted to Financial Services, district utilities staff should change the status on the agreement in eAgreements to “completed”.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.4 Agreement for Utility Work Included in Roadway Improvement Project===&lt;br /&gt;
The UT04: Utility Agreement - Actual Cost (For Utility Work That is to be Included in the Missouri Highways and Transportation Commission&#039;s Road Project) allows for the adjustment to be based on actual cost with the roadway contractor performing the utility work. Caution should be exercised in the type of utilities to be relocated in roadway contracts. Utilities recommended are waterlines and sewer lines. Other utilities, such as gas lines, communication lines, and power lines are to be studied thoroughly before being included in the project.&lt;br /&gt;
&lt;br /&gt;
The Transportation Project Manager and district utilities staff must plan ahead to get this work in the roadway contract. The utility owner must agree to include the utility adjustment in the roadway contract. The adjustment may be on highway right of way or on private easement in the name of the utility owner. The utility owner can agree to allow MoDOT’s contractor to work in its easement. However, district utilities staff in consultation with district right of way staff should review the easement documentation to verify the utility owner’s rights to the easement and any limitations on its use. MoDOT’s contractor can work and operate on both Commission right of way and on the utility easement, even when not directly connected to the Commission right of way, as part of the job site. Temporary construction easements may be necessary in addition to the utility easement to ensure adequate working room for the contractor.&lt;br /&gt;
&lt;br /&gt;
:The utility owner may request exemption to any liability for negligence of our contractor working on their easement. The Commission can assume that liability (refer to Acceptance of Liability Policy), but it should be included in the utility agreement if so desired by the utility owner. A Job Special Provision is necessary to require the MoDOT contractor to hold the utility harmless from all claims due to contractor negligence.&lt;br /&gt;
&lt;br /&gt;
Subsurface information, i.e. boring data, etc., should be obtained by the utility owner since it may be needed for the design of the utility adjustment. This information should be included in the plans. If the utility owner must bear all or part of the cost of the adjustment, the utility owner must agree to pay a pre-deposit to the Commission prior to opening bids on the project. This should be in the utility agreement. The pre-deposit will be credited to the &amp;quot;Missouri Highway and Transportation Commission - Local Fund.&amp;quot; Any interest earned in the fund will apply to the cost of the adjustments. The utility agreement will include language that the utility will inspect the installation and assume maintenance of the utility facility after construction. MoDOT will also provide engineering supervision to be sure the road contractor is in compliance with the contract. Utility plans and specifications are to be approved by the owner prior to submittal to the Central Office. The following items will provide minimum information to allow MoDOT’s contractor to bid the work.&lt;br /&gt;
# Individual bid items (not &amp;quot;lump sum&amp;quot;) should be established to promote better bidding and to handle overruns and underruns. Bid items not included on the Computer Stored Bid Item list should be &amp;quot;99&amp;quot; numbers.&lt;br /&gt;
# he bid package must be in our letting format. If the package was prepared by a consultant as if the utility owner were going to let it, all bid bond or bidding procedures must be screened to remove requirements contrary to MoDOT letting requirements. District utilities staff should work with the Transportation Project Manager, Design Liaison Engineer, and Central Office Bidding and Contract Services to ensure this requirement is met.&lt;br /&gt;
# The specifications required by the utility owner should be reviewed for items that could cause a bid problem for our contractor. Items such as non-readily available materials or sizes should be avoided.&lt;br /&gt;
# Utility plan sheets should be .pdf files equivalent to 22 in. x 34 in. It is helpful to have a quantity sheet specifically for utility items.&lt;br /&gt;
# Any special procedures required for the utility installation should be included in the Job Special Provisions.&lt;br /&gt;
# The utility package should be submitted on-time to Central Office with other project plans.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.5 Agreement for a Utility Only Project===&lt;br /&gt;
Any of the above agreements can be modified for a utility only project separate from the roadway project. The utility only project may be done by forces hired by the utility owner or by the Commission. A separate utility only project has distinct advantages when the following occurs:&lt;br /&gt;
* The utility work is extensive&lt;br /&gt;
* It must be performed in accordance with the utility owner’s seasonal requirements&lt;br /&gt;
* It extends beyond the limits of the construction project&lt;br /&gt;
* It must be performed considerably in advance of the roadway contract&lt;br /&gt;
&lt;br /&gt;
Necessary environmental and design work is still required for the limits of the separate utility only project. It may be necessary in these cases to have a second agreement with the utility owner to cover any other work that must be performed concurrently with the roadway contract. These latter agreements will use the roadway construction job number. Early need for utility projects is to be determined at the time when the STIP is updated each year. The utility construction funds will be shown in the year right of way funds are assigned. This will be done whenever possible to secure early adjustment of utility facilities. A request by the district is sent to the Planning Division. Estimated dollar amounts for utility adjustments are needed. These are estimates and do not need to be extremely accurate. When a special utility project is established, it is preferred, if at all possible, to include all the utility adjustments necessary for the entire roadway project. If funds are available, additional agreements can be added to this utility project until the final invoice for the first completed agreement is received for payment.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.6 Supplemental Agreements===&lt;br /&gt;
For utility owners with a UT01 agreement, a supplemental letter agreement documenting the change in the scope or cost of the work is acceptable.&lt;br /&gt;
&lt;br /&gt;
The UT05: First Supplemental Agreement is used to document changes to UT02 and UT03 agreements. If changes to the scope of work occur that are anticipated to exceed $100,000 or 15% of the original agreement, a UT05 is required. If the final invoice on an actual cost adjustment without changes in the scope of work exceeds the limits shown in the table below, a UT05 is required.&lt;br /&gt;
&lt;br /&gt;
{| class=&amp;quot;wikitable&amp;quot; style=&amp;quot;margin-left: 25px; text-align:center&amp;quot;&lt;br /&gt;
! Amount in Original Actual Agreement !! Final Bill Total Exceeds Original Amount by:&lt;br /&gt;
|-&lt;br /&gt;
| 0-$25,000 || 50%&lt;br /&gt;
|-&lt;br /&gt;
| $25,000-$100,000 || 40%&lt;br /&gt;
|-	&lt;br /&gt;
| Exceeds $100,000 || 30%&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
Should multiple UT05s be required with the same utility owner, the UT05 should be modified for additional supplemental agreements. Once the final invoice on an UT05 is submitted to Financial Services, district utilities staff should change the status on the agreement in eAgreements to “completed”.&lt;br /&gt;
&lt;br /&gt;
==643.2.13 Utility Adjustments in Roadway Plans and Job Special Provisions (JSPs)==&lt;br /&gt;
It is the responsibility of the MoDOT Transportation Project Manager (TPM) to ensure utility plans of adjustment are shown on the project plans at the Plan, Specification, and Estimate (PS&amp;amp;E) stage based upon information coordinated by the district utilities staff with the appropriate utility owner.&lt;br /&gt;
&lt;br /&gt;
===643.2.13.1 Plans===&lt;br /&gt;
A legend showing all applicable utility symbols and the names of the utility owners is shown on the first special utility sheet. In the absence of special utility sheets, this information may be shown on the title sheet or the first plan and profile sheet. The following note is required to be placed on the title sheet or the first plan and profile sheet and the first special utility sheet (if used) to inform contractors of the suitability of the utility information contained on the plans.&lt;br /&gt;
&lt;br /&gt;
&amp;quot;The existence and approximate location of utility facilities known to exist, as shown on the plans, are based on the best information available to the Commission at this time. This information is provided by the Commission &amp;quot;as-is&amp;quot; and the Commission expressly disclaims any representation or warranty as to the completeness, accuracy, or suitability of the information for any use. Reliance upon this information is done at the risk and peril of the user, and the Commission shall not be liable for any damages that may arise from any error in the information&amp;quot;.&lt;br /&gt;
&lt;br /&gt;
===643.2.13.2 Job Special Provisions===&lt;br /&gt;
Since the addition of utility information on the plans, supplied by a third party, could subject the Missouri Highway and Transportation Commission to additional liability, a Utility JSP reflecting the status of utility adjustments will be required. The JSP will include the name, address, e-mail address, and telephone number of all utility owner representatives for all utility facilities located on the project. The anticipated adjustment completion date for each utility adjustment is also to be shown based on the agreed upon dates, durations, or completion dates with the utility owner’s representative. This information will inform the bidder of the status of utilities for proper work coordination that could affect the bids for the proposed highway construction project. Status notations will include general notations such as: “N/A”, “Work is in progress”, “Work has not started”, “Work is complete”, and “Work is included in contract.”&lt;br /&gt;
&lt;br /&gt;
===643.2.13.3 PS&amp;amp;E Submittal===&lt;br /&gt;
In the District Final Plans Submittal Checklist (D-12), the TPM should note any issues related to existing utility facilities or the adjustment of utility facilities either shown or not shown on the plans. Projects with “No Utility Impacts” such as some overlays, striping, bridge washing, etc. do not need a Utility Status Letter or Utility JSP. The D-12 is used for these projects. In the D-12, under Project Details – “Utilities”, the note “NO” is selected and under “Status”, select “Clear”. For all other projects, the district utilities staff will write a Utility Status Letter. The TPM will include the Utility Status Letter with the submittal of the final plans to the Design Division. The Utility Status will be defined as:&lt;br /&gt;
# Utility facilities are present, but no conflict is anticipated with the highway construction project. Or,&lt;br /&gt;
# All utility facilities requiring adjustment to allow highway construction have been physically adjusted on the project. Or,&lt;br /&gt;
# Utility construction work is planned or active and will be completed to such a point that no impact will be expected to the highway construction project. The status of this work is defined in the utility JSP. Or,&lt;br /&gt;
# Utility facilities are not expected to be adjusted by the notice to proceed date for the road project, but the utility work will have no impact on the progress of the highway construction project. The status of this work is defined in the utility JSP. Or,&lt;br /&gt;
# Utility facilities must be adjusted after the road contractor completes stage construction or in coordination with the contractors’ work. Details of the coordination effort required of the contractor are defined in the utility JSP to properly advise bidders. Or,&lt;br /&gt;
&lt;br /&gt;
# Utility adjustment plans and specifications are included in the bid documents for the highway construction project. A UT04 agreement must be executed.&lt;br /&gt;
&lt;br /&gt;
==643.2.14 Payment to Utility Companies for Reimbursable Work==&lt;br /&gt;
Authorization and federal funding obligation must be approved prior to incurring costs. This applies to all types of work on utility facilities including preliminary engineering. An obligation is a commitment by the federal government to reimburse MoDOT for the federal share of a project’s eligible cost.&lt;br /&gt;
&lt;br /&gt;
===643.2.14.1 Obligation Process===&lt;br /&gt;
Federal funding can be used with both lump sum and actual cost agreements. After the utility agreement is fully executed, the district utilities staff will email a copy of the utility agreement or the letter agreement referencing the MRUA to the email group OBLIGATE. This email should request the authorization authority for use of federal funds and to be informed of a Notice to Proceed (NTP) (see EPG 643.2.15) date by Financial Services once federal funding has been obligated. District utilities staff should allow three (3) weeks to receive the NTP. Financial Services will use Advance Construction (AC) funding to fund reimbursement to utility owners. With AC funding, state funds initially are used to pay for reimbursement to utility owners. Once construction is complete, with appropriate documentation of the work via the C-9 and C-13, Financial Services will convert to federal funding.&lt;br /&gt;
&lt;br /&gt;
===643.2.14.2 Preliminary Engineering===&lt;br /&gt;
On occasion, preliminary engineering (PE) may need to be undertaken by the utility owner prior to the execution of a utility agreement. If a utility owner has a MRUA, an estimate of the cost of the PE work by the utility owner may be used to obligate funding for preliminary engineering under the MRUA as a PE only letter agreement. If a lump sum or actual cost agreement will be required with the utility owner for the project, district utilities staff should do two (2) agreements with one agreement covering PE only, and once a design for the adjustment is obtained, a second agreement for the construction of the adjustment should be executed. If a separate PE only agreement is obtained, NTP will need to be issued twice to the utility owner: once for PE and once for construction.&lt;br /&gt;
&lt;br /&gt;
===643.2.14.3 Right of Way===&lt;br /&gt;
Once Notice to Proceed has been given, the utility owner may begin the right of way acquisition process. If the utility owner needs to acquire right of way prior to a full agreement for relocation has been negotiated, the agreement specifically for the acquisition of right of way should be executed. This agreement will be sent to Financial Services to begin the obligation process.&lt;br /&gt;
&lt;br /&gt;
===643.2.14.4 Construction===&lt;br /&gt;
Payment to utility owners for construction of the adjustment may occur in a number of phases.&lt;br /&gt;
&lt;br /&gt;
====643.2.14.4.1 Prepayment====&lt;br /&gt;
Per the utility agreement, the Commission allows utility owners to be prepaid prior to commencing work. The district utilities staff may negotiate the prepayment if the utility owner is receptive. The utility owner will submit a request for prepayment with an invoice prior to any prepayment. Route, county, and job number must be included in the request. The district utilities staff will submit a request to Financial Services with a copy saved in MoProjects for future reference by the district staff responsible for inspection of the utility adjustment.&lt;br /&gt;
&lt;br /&gt;
====643.2.14.4.2 Progress Payments====&lt;br /&gt;
If a utility owner has not been prepaid the entire estimated amount in the utility agreement, then the utility owner may request progress payments after completing a portion of the proposed work, including PE.&lt;br /&gt;
&lt;br /&gt;
Progress payments for PE by consultants should not exceed the &amp;quot;maximum not to exceed amount&amp;quot; shown in the cost estimate unless additional costs are approved first by district utilities staff.&lt;br /&gt;
&lt;br /&gt;
For progress payments, the utility owner is required to submit only a summary of work and materials for which payment is claimed, not a detailed billing. District utilities staff should check only to be sure that sufficient work has been done to justify making the requested payment. Payment should be made for allowable costs incurred up to the date of the progress payment request.&lt;br /&gt;
&lt;br /&gt;
Progress payment invoices do not relieve the utility owner of the responsibility of submitting one complete and final invoice upon completion of the adjustment. The utility owner’s address must be shown on the invoice. The district utilities staff should submit progress payment invoices and applicable C-9s to Financial Services within one (1) week of receipt of invoice.&lt;br /&gt;
&lt;br /&gt;
One copy of the progress payment and one copy of the district utilities staff letter of recommendation must be sent to Financial Services for payment and be stored in MoProjects. The cover memo should include the project number, route, county, actual cost or lump sum utility agreement, Commission obligation percentage, total cost estimate of Commission obligation, and indicate the progress payment number, i.e., progress payment number 1, 2, 3, etc. If more than one progress payment is requested by the utility company, the district should submit progress payment bills to Financial Services in the following format:&lt;br /&gt;
{| class=&amp;quot;wikitable&amp;quot; style=&amp;quot;margin-left: 25px; text-align:center&amp;quot;&lt;br /&gt;
! Payment !! Amount&lt;br /&gt;
|-&lt;br /&gt;
| Progress Payment #1 || $50,000&lt;br /&gt;
|-&lt;br /&gt;
| Progress Payment #2 || 10,000&lt;br /&gt;
|-	&lt;br /&gt;
| Total Payment to Date || $60,000&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
This format will help clarify payment history with the utility owner. Progress payments for actual cost utility agreements may not exceed the Commission&#039;s total estimated cost shown in the agreement. However, if the request for a progress payment exceeds the original estimate, a change order with explanation should accompany the request. (See EPG 641.2.16.5 Change Orders.)&lt;br /&gt;
&lt;br /&gt;
====643.2.14.4.3 Final Payment====&lt;br /&gt;
Utility owners are required to submit a detailed final invoice to MoDOT for all actual cost reimbursable utility work and for any lump sum reimbursable utility work that was not prepaid. For prepaid lump agreements, the utility owner must submit a zero-dollar ($0) invoice to demonstrate the work has been completed. After the utility work has been fully completed, the district utilities staff responsible for inspection should send the utility owner a “60 Day” Final Acceptance Letter requesting a complete final invoice within 60 days, as detailed in the utility agreement. If the final invoice is not received from the utility owner within 30 days, then a follow up letter should be sent (i.e., “30 Day” Reminder Final Invoice Letter) reminding the utility owner of its obligation to submit a final invoice within 60 days of the completed work. If a final invoice from the utility owner is not received within this timeframe, then the district utilities staff should contact the Design Liaison Engineer for guidance on how to close out the work.&lt;br /&gt;
&lt;br /&gt;
The district utilities staff is expected to check the final bill within two (2) weeks after receipt in as much detail as possible against the C-9. It is their responsibility to verify from field records the quantities of labor, equipment, material used, material retired, and to justify all changes made. If the utility owner’s contractor made the adjustment at unit cost prices, then it is the district utility staff’s responsibility to verify the number of units completed and not the hours of labor and equipment. It is also important for the utility owner to show the words “final bill” or “final invoice” on the last bill, in order for MoDOT to understand that no additional charges will be made on the adjustment. The final bill must show a general description of the utility adjustment, the highway project number, the date on which work was completed or last item of billed expense was incurred, and the location where records can be audited. The order of items in the final statement should follow as closely as possible the order of items in the original estimate. A summary, on the utility owner’s letterhead, of the total cost of preliminary engineering, construction engineering, right of way, labor, overhead, construction travel expense, transportation, equipment, materials, supply, handling, and salvage credits should be shown in a way that will permit direct comparison with the approved estimate from the original or supplemental agreements (see EPG 643.2.12.6).&lt;br /&gt;
&lt;br /&gt;
If the Actual Cost final invoice shows a much higher cost than the original estimate without scope change, the utility owner is required to give reasons in a letter to the district utilities staff explaining why the invoice cost increased. When the Actual Cost final invoice exceeds the amount shown in the table in EPG 643.2.12.6, a supplemental agreement is required.&lt;br /&gt;
&lt;br /&gt;
When the district utilities staff has determined that the final invoice is accurate, the C-13 should be completed. Once the C-13 is completed, the C-13 and the final invoice from the utility owner are forward to Financial Services. For Actual Cost agreements, the C-9s should also be included in this transmittal. If no additional payments are required, the district utilities staff should note this in the transmittal as well. If the final invoice indicates previous payments to a utility owner exceeded the final invoice, the utility owner will need to send MoDOT a check for the overpayment amount. The check should be made payable to Director of Revenue – Credit State Road Fund. If the utility owner did not send MoDOT an overpayment check with the final invoice, district utilities staff should send a letter to the utility owner requesting the refund amount. Submittal of the final invoice to Financial Services should not occur until repayment has been received. The submittal to Financial Services should note the receipt of the repayment check.&lt;br /&gt;
&lt;br /&gt;
==643.2.15 Notice to Proceed==&lt;br /&gt;
For PE only, once an agreement has been executed, and Financial Services has advised that authorization from FHWA has been received, district utilities staff will issue a notice to proceed (NTP) letter to the utility owner for the PE. For agreements that include PE and construction or once a final agreement for construction has been executed, right of way clearance has been issued, and Financial Services has advised that authorization from FHWA has been received, the district utilities staff will issue NTP to the utility owner for construction. See Example of Notice to Proceed Letter. If salvage credit is part of the agreement with the utility owner, the NTP letter should include a statement that the utility owner will need to inform district utilities staff of the time and place that inspection may be made of the removed material. The utility owner may be held accountable for full value of materials disposed without proper notice. Utility owners may purchase materials prior to NTP for construction; however, no other work on the adjustment necessary to allow highway construction may begin prior to NTP for construction. The utility owner, for reasons of planning their workload or due to seasonal situations, may request early authorization to perform the work. This request, with the district utilities staff recommendations, is sent to the Design Liaison Engineer for further handling, approval, and advancement of the necessary funds. A copy of the NTP should be saved in MoProjects. If a utility owner begins adjustments prior to NTP for construction, district utilities staff should notify the utility owner immediately in writing that reimbursement will not be made for work done prior to NTP for construction.&lt;br /&gt;
&lt;br /&gt;
==643.2.16 Construction of Utility Adjustments==&lt;br /&gt;
===643.2.16.1 Utility Owner Self-Perform===&lt;br /&gt;
As per 23 CFR 645.115 Construction, it may be cost-effective for certain utility adjustments to be performed by a utility owner with its own internal forces and equipment, provided the utility owner is qualified to perform the work in a satisfactory manner. This cost-effectiveness finding covers minor work on the utility owner’s existing utility facilities routinely performed by the utility owner with its own forces.&lt;br /&gt;
&lt;br /&gt;
===643.2.16.2 Construction Contract Requirements===&lt;br /&gt;
When the utility owner is not adequately staffed and equipped to perform such work with its own forces and equipment at a time convenient to coordination with the associated highway construction, such work may be done one of four ways for utility adjustments:&lt;br /&gt;
# MoDOT can provide the construction services, via awarded contract to the lowest qualified bidder based on appropriate solicitation. This can be done by including the adjustment work in the roadway improvement project (EPG 643.2.12.4 Utility Agreement for Utility Work Included in Roadway Improvement Project) or by having a utility only project (EPG 643.2.12.5 Utility Only Project).&lt;br /&gt;
# The utility owner can award a construction contract to the lowest qualified bidder based on appropriate solicitation.&lt;br /&gt;
# The utility owner can utilize an existing continuing contract, provided the costs are reasonable (see EPG 643.2.9.1 Independent Cost Estimate).&lt;br /&gt;
# The utility owner can contract for low-cost incidental work, such as tree trimming and the like, without competitive bidding, provided the costs are reasonable (see EPG 643.2.9.1 Independent Cost Estimate).&lt;br /&gt;
&lt;br /&gt;
When a utility owner chooses option 2 to award its own new construction contract, the utility owner must provide the following documents and information to the district utilities staff. These documents need to be provided as soon as the utility owner has chosen to pursue a construction contract. Document 1 must be supplied by all utility owners. Documents 2 and 3 are only required when the utility owner is a local government agency who is also a political subdivision of the state of Missouri (e.g., city-owned utilities, county-owned utilities). All other utility owners are encouraged, but not required, to provide Documents 2 and 3.&lt;br /&gt;
# A statement that the utility owner is not staffed or able to perform the required construction activities with its own forces.&lt;br /&gt;
# A copy of the request for proposal used to secure bids.&lt;br /&gt;
# A list of a minimum of 3 bidders whom they believe can do the work. &#039;&#039;&#039;Political subdivisions are required to advertise for the work&#039;&#039;&#039;.&lt;br /&gt;
# Upon review of these documents, the district utilities staff will advise the utility owner to proceed with the solicitation of bids, but the utility owner will not be permitted to award the contract without the concurrence of district utilities staff. For lump sum agreements, approval of contract work and subcontract work is not required.&lt;br /&gt;
&lt;br /&gt;
The following documents need to be provided as soon as the utility owner has determined the lowest qualified contractor and would like to award the project. Document 1 must be supplied by all utility owners. Document 2 is only required when the utility owner is a local government agency who is also a political subdivision of the state of Missouri (e.g., city-owned utilities, county-owned utilities). All other utility owners are encouraged, but not required, to provide Document 2.&lt;br /&gt;
# The name address of the lowest qualified contractor.&lt;br /&gt;
# The tabulation of bids received and other information to support their recommendation for award to the lowest qualified bidder.&lt;br /&gt;
&lt;br /&gt;
The district utilities staff will review and approve the utility owner&#039;s bid information prior to the award of the contract. The Design Liaison Engineer is available to assist the district with review of bid information if necessary. Once the district utilities staff provides concurrence, the utility owner may proceed with awarding the contract. When the utility owner is a local government agency who is also a political subdivision of the state of Missouri (e.g., city-owned utilities, county-owned utilities), a copy of the executed contract must be shared with the district utilities staff. All other utility owners are encouraged, but not required, to provide a copy of the executed contract.&lt;br /&gt;
&lt;br /&gt;
A checklist is available for reviewing contracts to ensure the contract conforms to MoDOT policy and complies with applicable federal regulations.&lt;br /&gt;
&lt;br /&gt;
When a utility owner chooses to utilize a an existing continuing contract, the utility owner will submit a copy of the contract to the district utilities staff. The district utilities staff will review the contract for reasonableness of cost. If district utilities staff and the utility owner’s representative cannot agree on the reasonableness of cost, then the utility owner will be required to award a new construction contract.&lt;br /&gt;
&lt;br /&gt;
===643.2.16.3 Inspection===&lt;br /&gt;
The degree of inspection needed for utility adjustments will vary considerably with the nature and location of the work and whether the Commission is responsible for any portion of the cost of reimbursement. Judgment must be used regarding the manner and regularity of inspection duties. Some phases of the work require a very close check to ensure that the highway will not be adversely affected and to ensure satisfactory performance of work in accordance with the agreement and plans. The degree of inspection may vary from spot checking of overhead installations to continuous close observation of backfilling trenches beneath proposed pavement, embankment area, or adjacent to bridge abutments. Proper inspection can ensure that the utility adjustment is completed as efficiently as possible to minimize future impacts to the utility facility and the highway construction project. A [https://epg.modot.org/forms/general_files/DE/UtilityFieldInspectionChecklist.docx Field Inspection Checklist] to assist district utilities staff responsible for inspection is available.&lt;br /&gt;
&lt;br /&gt;
If it is found that any actual cost reimbursable utility adjustment is being performed by unapproved contractors, district utilities staff should direct the work to stop. The utility owner’s representative should be informed immediately and should be advised in writing that the costs incurred by an unapproved contractor are not eligible for reimbursement under provisions of the agreement. The district utilities staff can take appropriate steps to approve a subcontract and advise when the utility owner can recommence work.&lt;br /&gt;
&lt;br /&gt;
===643.2.16.4 Documentation===&lt;br /&gt;
All documents related to the construction of the utility adjustment necessary to allow highway construction should be stored in MoProjects.&lt;br /&gt;
&lt;br /&gt;
Construction records must be kept to confirm that work is done in accordance with the terms of the agreement and in the manner proposed in the plans. The importance of a complete and accurate record cannot be overemphasized. Detailed records are necessary to support the recommendation for payment of the final invoice. A complete, separate daily record must be kept on each actual cost adjustment and submitted for review when the final invoice is recommended for payment. This district utilities staff responsible for inspection should complete the Daily Utility Report (C-9).&lt;br /&gt;
&lt;br /&gt;
====643.2.16.4.1 Utility Reports====&lt;br /&gt;
The Daily Utility Report ([https://epg.modot.org/forms/general_files/DE/C-9.docx Form C-9]) and the Final Utility Report ([https://epg.modot.org/forms/general_files/DE/C-13.docx Form C-13]) are used for documenting utility adjustments necessary to allow highway construction. The use of C-9s and C-13s will vary with method of reimbursement. For utility adjustments necessary to allow highway construction that overlap with the highway contractor’s work, progress records should be kept as necessary to coordinate the highway and utility construction activities. Sufficient records must be maintained to check and verify the items of labor, equipment, materials, and salvaged items as submitted on the final invoice.&lt;br /&gt;
&lt;br /&gt;
=====643.2.16.4.1.1 Daily Utility Report (C-9)=====&lt;br /&gt;
C-9s are only required for actual cost agreements. The district utilities staff responsible for inspection must in all cases keep records to document inclement weather, down time, and verbal authorization for minor changes. The district utilities staff responsible for inspection must complete a C-9 documenting the number and classification of employees and number of hours worked. Records of material used and of retired materials returned to stock or scrapped must be kept. The utility owner’s major items of equipment must also be recorded. When work is done by the contract method based on unit prices, the district utilities staff responsible for inspection should ascertain that units of work as provided in the bid proposal are measured and recorded to form a basis for checking the final invoice. C-9s should list the location and the number of units of work accomplished for that period. If contract labor or equipment is used by a utility owner on the basis of a bid per hour, per day, etc., it will be necessary to keep records on this labor or equipment time in the same manner as if the utility owner were performing the work with its own internal forces. District utilities staff responsible for inspection should also note all contractors working for the utility owner and the contractor approval authorization dates given in the agreement.&lt;br /&gt;
&lt;br /&gt;
=====643.2.16.4.1.2 Final Utility Report (C-13)=====&lt;br /&gt;
C-13s summarize that the utility adjustment work that was done in accordance with the agreement and plans, the percentage of total cost that is the responsibility of the Commission, and any progress payments that have been made. A C-13 is required for both actual cost and lump sum agreements. The requested numbers shown on line 9 (Commission Estimated Cost) and line 10 (Amount of Final Bill) in the report are the Commission’s total responsibility.&lt;br /&gt;
&lt;br /&gt;
====643.2.16.4.2 Breakdown and Emergency====&lt;br /&gt;
When breakdown and emergency situations occur, prior approval by MoDOT is not required for contract or equipment rental work unless the cost or period of time will be extensive. The utility owner should furnish a letter as soon as possible to explain the situation and set out the estimated costs involved. The district utilities staff’s records should substantiate the need and the changes for personnel and equipment.&lt;br /&gt;
&lt;br /&gt;
====643.2.16.4.3 Stop Work====&lt;br /&gt;
If at any point, a stop work order is given by MoDOT to a utility owner, written documentation of the stop work order should be saved in MoProjects.&lt;br /&gt;
&lt;br /&gt;
===643.2.16.5 Change Orders===&lt;br /&gt;
Any change in the plan of adjustment should be documented in writing to the utility owner as a change order. If the change order is anticipated to exceed $100,000 or 15% of the original agreement amount, district utilities staff should negotiate a supplemental agreement with the utility owner’s representative. Once a supplemental agreement is in place, district utilities staff should contact Financial Services to obtain an adjustment of the obligation mid-project. Change orders without supplemental agreements will be settled once the project is complete.&lt;br /&gt;
&lt;br /&gt;
====643.2.16.5.1 Actual Cost Agreement====&lt;br /&gt;
Slight modifications in quantities or the addition of minor items not included with the original agreement do not require a supplemental agreement. However, such changes should be documented in writing with the utility owner. A supplemental agreement is needed if costs exceed the above threshold or if there is a change in the percentage of cost that is the Commission’s responsibility on an agreement with shared responsibility for costs. Intermediate partial payments cannot be made on items in a supplemental agreement until the supplemental agreement is approved.&lt;br /&gt;
&lt;br /&gt;
====643.2.16.5.2 Lump Sum Agreement====&lt;br /&gt;
A supplemental agreement to a Lump Sum Agreement is only required for significant changes in the scope of work of the utility adjustment necessary to allow highway construction. Normal overruns are not considered as changes in approved work and will not be reimbursed. Significant changes in the scope of work on utility adjustments necessary to allow highway construction cannot be done until the supplemental agreement is approved, and the adjustment in obligation of funds is complete.&lt;br /&gt;
&lt;br /&gt;
==643.2.17 Utilities during Highway Construction==&lt;br /&gt;
The contractor is responsible for having utilities located by contacting Missouri One-Call (811) prior to any excavation on the project. A reminder of this responsibility should be made at the preconstruction meeting.&lt;br /&gt;
&lt;br /&gt;
===643.2.17.1 Preconstruction Meeting (Pre-Con)===&lt;br /&gt;
District utilities staff should be invited to all pre-cons.&lt;br /&gt;
&lt;br /&gt;
Pre-cons fall into three categories relating to utilities:&lt;br /&gt;
# No utility adjustments are anticipated within the project limits,&lt;br /&gt;
# All utility adjustments completed prior to the pre-con, and&lt;br /&gt;
# All utility adjustments not completed prior to the pre-con.&lt;br /&gt;
&lt;br /&gt;
====643.2.17.1.1 No Utility Adjustments Anticipated within the Project Limits====&lt;br /&gt;
For projects without a Utility Job Special Provision (JSP), no involvement of the utility owners is required at the pre-con. For projects with a Utility JSP, the Resident Engineer (RE) should invite all utility owner representatives listed in the JSP with known required adjustment to the pre-con. The RE should review potential impacts of the highway construction project with the contractor and the utility owner.&lt;br /&gt;
&lt;br /&gt;
====643.2.17.1.2 All Utility Adjustments Completed Prior to the Pre-Con====&lt;br /&gt;
The RE should invite all utility owner representatives listed in the JSP with known required adjustment to the pre-con. The RE should review potential impacts of the highway construction project with the contractor and the utility owner. A general discussion should highlight the previous adjustments made by the utility owner and what abandoned utility facilities the contractor may encounter.&lt;br /&gt;
&lt;br /&gt;
====643.2.17.1.3 All Utility Adjustments Not Completed Prior to the Pre-Con====&lt;br /&gt;
It is important for the RE and inspector to understand the utility owner’s work schedule and how it relates to the contractor’s work schedule. During the pre-con, the schedule of the utility owner and highway construction contractor should be discussed, and conflicts should be addressed to allow utility adjustments and highway construction to progress as near to the proposed schedule as possible. On large-scale projects that have many utility issues to address that could impact the work of the highway construction contractor, it may be necessary to have a separate pre-con with utility owner representatives.&lt;br /&gt;
&lt;br /&gt;
===643.2.17.2 Coordination Meetings===&lt;br /&gt;
When the utility work will not be completed soon after the preconstruction meeting, the RE should meet with district utilities staff, the highway construction contractor, and the utility owner representatives on a regular basis to discuss utility coordination issues, so expectations from all parties are known and conveyed clearly. The utility owner may need some work performed by MoDOT or the highway construction contractor prior to completing their adjustments. (Examples include: survey staking of right of way or proposed facilities, trees cleared, grading performed, or new structures built).&lt;br /&gt;
&lt;br /&gt;
==643.2.18 Service Drops==&lt;br /&gt;
Power and communication services provided by utility owners are necessary for the operation of the highway system. These services may include power to traffic signals, lighting, or ITS devices; power for cathodic protection; or telecommunication services to signal controllers or ITS devices. The project design teams should work with district utilities staff to identify proper locations for the applicable utility owners to provide these services. Various utility owners have different requirements for this process. The district utilities staff is encouraged to develop a workable relationship with the utility owners who provide these services to MoDOT. The costs of installing the services charged by the utility owner are considered a non-contractual item and should be accounted for in the project’s budget in the STIP. The proposed location and method for the service drops should be shown on the roadway plans. District utilities staff should meet with the utility owner’s representative to ensure the proposed location can be accommodated by the utility owner. For electrical service connections, the power supply assembly is ideally located a maximum of ten feet (10’) from the source location. Plans submitted for PS&amp;amp;E should reflect the agreed upon location for all service connections. During construction, district utilities staff and district construction staff should work together to ensure the placement of the services is consistent with the project plans. Payment for the service drops should be invoiced by the utility owner to the district. District utilities staff is responsible for submission of the invoice directly to Financial Services for payment noting the non-contractual charges for the project.&lt;br /&gt;
&lt;br /&gt;
==643.2.19 Buy America Build America for Utilities==&lt;br /&gt;
FHWA’s Buy America Build America (BABA) policies require a domestic manufacturing process for all steel or iron products, other construction materials, and manufactured products that are permanently incorporated into Federal-Aid Highway construction projects, including products and materials used for adjustments to utility facilities to allow highway construction. These guidelines are for all federally reimbursable transportation projects where FHWA is the lead federal agency; it does not take precedence over projects where Federal Transit Administration or the Federal Railroad Administration is deemed the be the lead federal agency.&lt;br /&gt;
&lt;br /&gt;
===643.2.19.1 Program Requirements for Utilities===&lt;br /&gt;
All MoDOT projects are federal-aid projects, and therefore, all reimbursable utility adjustments are required to follow the provisions of BABA. More information on MoDOT’s BABA policy and procedures can be found in [[106.9_Buy_America_Requirement|EPG 106.9 Buy America Requirement]]. Specifically, utility owners should be aware of the following procedures for determining applicability of the EPG 106.9 requirements to reimbursable utility adjustments necessary to allow highway construction:&lt;br /&gt;
* BABA does not apply when materials are relocated from one location to another within the project limits.&lt;br /&gt;
* BABA does not apply for materials necessary for temporary utility adjustments assuming materials are removed from the right of way upon completion of the utility adjustment to allow highway construction.&lt;br /&gt;
* Non-reimbursable work must be kept separate from reimbursable work (agreements, permits, etc.) in order to not be subject to BABA.&lt;br /&gt;
&lt;br /&gt;
===643.2.19.2 Certification Requirements for Utilities===&lt;br /&gt;
Utility owners have the option of choosing either to self-certify BABA compliance or provide vendor/manufacturer certification to MoDOT. The method of certification is chosen by the utility owner and is documented in either the MRUA or the project specific agreement. Regardless of agreement type or certification method, the utility owner must be compliant with BABA requirements.&lt;br /&gt;
&lt;br /&gt;
====643.2.19.2.1 BABA Utility Owner Self-Certification====&lt;br /&gt;
If a utility owner chooses to self-certify BABA compliance, the utility owner is not required to provide MoDOT copies of the supplier certification as part of the project documentation or with the final invoice for any reimbursable utility adjustment necessary to allow highway construction. Retention of all documents should be as described in the agreement.&lt;br /&gt;
&lt;br /&gt;
====643.2.19.2.2 BABA Vendor/Manufacturer Certification====&lt;br /&gt;
If a utility owner chooses to use vendor/manufacturer certification, the utility owner will supply MoDOT BABA compliance from all vendors and/or manufacturers. Certification from vendors will be signed by an authorized representative of the vendor on company letterhead or other acceptable documentation and will declare that all supplied materials subject to BABA requirements are fully compliant. Certification from iron or steel manufacturers must be in the form of a mill test report (MTF) issued and signed by the initial fabricator stating the materials subject to BABA were melted and manufactured in the United States. Other written statements on company letter or other acceptable documentation signed by an authorized representative of the manufacturer for any additional treatment to the fabricated material (such as blasting, galvanizing, painting, or coating) will state that all treatment processes occurred in the United States according to FWA guidelines. Retention of all documents should be as described in the agreement. Manufacturer certification for manufactured products or construction materials will state that all materials were sourced from the United States and were fabricated in the United States. Retention of all documents should be as described in the agreement.&lt;br /&gt;
&lt;br /&gt;
&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643.3 Reserved for Future Use &#039;&#039;PAGE TITLE&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;&lt;br /&gt;
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&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643.4 Railroads (NO CHANGE) &#039;&#039;PAGE TITLE&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;&lt;br /&gt;
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==236.5.12 Excess Land Conveyances &amp;amp; Relinquishments - Utilities==&lt;br /&gt;
All conveyances and relinquishments of Commission-owned property shall be evaluated for the existence of any utility facilities located within the areas to be conveyed or relinquished. A conveyance or relinquishment of Commission-owned property may have implications to the utility facilities, and the utility owners, when the Commission no longer controls the property. It is important to maintain the continuity of utility facilities for the general public; therefore, to identify and minimize potential impacts, MoDOT shall involve utility owners in the conveyance and relinquishment processes.&lt;br /&gt;
&lt;br /&gt;
===236.5.12.1 Excess Land Conveyances Utilities===&lt;br /&gt;
MoDOT shall only recommend that a property be declared excess upon satisfactorily addressing the utility impacts. Whether MoDOT or an external party initiates the conveyance of excess property, utility impacts shall be adequately addressed by using one of the following methods: &lt;br /&gt;
:1. Each utility facility will be relocated by permit into a new utility corridor retained by the Commission.&lt;br /&gt;
:2. Each utility facility will remain in place with the benefit of a non-exclusive permanent utility easement.&lt;br /&gt;
::&#039;&#039;If the Commission holds fee simple title to the property, the Commission shall convey a non-exclusive permanent utility easement to each utility owner&#039;&#039;.&lt;br /&gt;
::&#039;&#039;If the Commission holds a less than fee simple title interest in the property, MoDOT shall facilitate the conveyance of a non-exclusive permanent utility easement from the party acquiring the property to each utility owner&#039;&#039;.&lt;br /&gt;
:3. Each utility facility will be relocated to another portion of the property being conveyed.&lt;br /&gt;
::&#039;&#039;If the Commission holds fee simple title to the property, the Commission shall convey a non-exclusive permanent utility easement to each utility owner&#039;&#039;. &lt;br /&gt;
::&#039;&#039;If the Commission holds a less than fee simple title interest in the property, MoDOT shall facilitate the conveyance of a non-exclusive permanent utility easement from the party acquiring the property to each utility owner&#039;&#039;.&lt;br /&gt;
:4. Each utility facility will be relocated onto a portion of the property already owned by the party acquiring the Commission-owned property, with the benefit of a non-exclusive permanent easement. (MoDOT shall facilitate the conveyance of a non-exclusive permanent utility easement from the party acquiring the property to each utility owner.)&lt;br /&gt;
:5. A three-party negotiated settlement taking into consideration the overall value of the proposed transaction.&lt;br /&gt;
:6. Additional options to address utility impacts may be utilized with approval from the Asst. to the State Design Engineer - Right of Way.&lt;br /&gt;
&lt;br /&gt;
===236.5.12.2 Road Relinquishment Utilities===&lt;br /&gt;
MoDOT shall only recommend the relinquishment of roadways through the [[236.14 Change in Route Status Report|Change in Route Status Report]] upon satisfactorily addressing the impacts to utility facilities. If the roadway will be relinquished to a local public transportation authority, with the intent that it continues to be used as a public roadway, a clause similar to the following shall be included in the deed from the Commission to the local public transportation authority:&lt;br /&gt;
:&#039;&#039;&amp;quot;Grantee, by acceptance of this conveyance, covenants and agrees for itself, its successors and assigns, to allow known or unknown utility facilities currently located on the property, whether of record or not, to remain on the property, and to grant the current and subsequent owners of those facilities the right to maintain, construct and reconstruct the facilities and their appurtenances over, under, and across the land herein conveyed, along with the right of ingress and egress across the land herein conveyed to and from those utilities.&amp;quot;&#039;&#039; &lt;br /&gt;
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Proposed roadway relinquishments to private entities shall be reviewed in a manner consistent with the conveyance of excess property described in [[236.5 Property Management#236.5.3 Asset Management Committee|EPG 236.5.3 Asset Management Committee]].&lt;/div&gt;</summary>
		<author><name>Hoskir</name></author>
	</entry>
	<entry>
		<id>https://epg.modot.org/index.php?title=User:Hoskir/Revision_Request_4225&amp;diff=58858</id>
		<title>User:Hoskir/Revision Request 4225</title>
		<link rel="alternate" type="text/html" href="https://epg.modot.org/index.php?title=User:Hoskir/Revision_Request_4225&amp;diff=58858"/>
		<updated>2026-06-18T18:58:19Z</updated>

		<summary type="html">&lt;p&gt;Hoskir: /* 643.2.8.1.1 Utility Facilities Located on Private Easements */&lt;/p&gt;
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&lt;div&gt;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643 Utility Procedures  &#039;&#039;CATEGORY&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt; &lt;br /&gt;
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| &#039;&#039;&#039;&amp;lt;center&amp;gt;&amp;lt;u&amp;gt;Additional Resources&amp;lt;/u&amp;gt;&amp;lt;/center&amp;gt;&#039;&#039;&#039;&lt;br /&gt;
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| ● [https://www.ecfr.gov/current/title-23/chapter-I/subchapter-G/part-64523 CFR 645]&lt;br /&gt;
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| ● [https://www.sos.mo.gov/cmsimages/adrules/csr/current/7csr/7c10-3.pdf7 CSR 10-30]&lt;br /&gt;
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&#039;&#039;&#039;Utility Accommodation Policy:&#039;&#039;&#039; State DOTs are required to develop policies and procedures pertaining to the use, accommodation, and/or relocation of public and private utility facilities on highway rights-of way using Federal-aid highway funds. State DOTs are required to develop, maintain, and obtain FHWA approval of their Utility Accommodation Policy (UAP) (23 CFR section 645.215). This EPG article 643 and subarticles 643.1 through 643.3 are Missouri Department of Transportation (MoDOT)’s Utility Accommodation Policy. Text in EPG 643 consolidates various federal and state statutes and rules into a single, cohesive, workable policy to outline processes for MoDOT staff and utility owners.&lt;br /&gt;
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&#039;&#039;&#039;Delegation of Work:&#039;&#039;&#039; Each MoDOT district is responsible for ensuring implementation of the UAP outlined in the subsequent EPG articles. Each district can create its own organization for whom is responsible for the work including between divisions and job titles. Work responsibilities within this article and subarticles are generic where possible. If a specific title is included, that title has sole responsibility for that item of work.&lt;br /&gt;
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&#039;&#039;&#039;643 documents not being used&#039;&#039;&#039;&lt;br /&gt;
[[media:144 Major Highway System 2022.pdf|major routes]]&lt;br /&gt;
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&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643.1 Utility Location  &#039;&#039;PAGE TITLE&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt; &lt;br /&gt;
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The information in this article provides a uniform system for regulating the location, construction, maintenance, removal, and relocation of utility facilities on the right of way of roadways located on the state highway system. It also provides for the facilitation of construction and maintenance of these roadways. Any location or relocation of utility facilities contrary to this information is an interference with the construction, maintenance, or operation of a state highway and its right of way and is prohibited.&lt;br /&gt;
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==643.1.1 Permits==&lt;br /&gt;
All utility owners are required to obtain a permit to work on Missouri Highway and Transportation Commission (Commission) right of way. A permit is required for original installation of the utility facility, on-going maintenance of the utility facility, or adjustments to a utility facility necessary to allow highway construction. Per [[127.29_Stormwater#127.29.4.3_MCM_3:_Illicit_Discharge_Detection_and_Elimination_(IDDE)_Program|EPG 127.29.4.3]], discharges of anything other than stormwater are not permitted. A deposit or bond is required to ensure completion of the work in accordance with the permit issued. An [https://www.modot.org/permits application for a permit] may be made on established forms specifically stating the nature of the work to be performed. Applications for permits may be obtained at any of the [https://www.modot.mo.gov/ seven (7) district highway offices] of the Commission, [https://www.modot.mo.gov/ MoDOT&#039;s website], or by requesting it from the office of the Missouri Highways and Transportation Commission in Jefferson City, Missouri. The application for a permit will specifically state the nature of the work to be performed, what specific type of utility facility is to be installed, and, if necessary, the timeframe of any temporary use. Piping of any type of sewage or waste will only be allowed providing any permitting by a regulatory agency, such as Missouri Department of Natural Resources, can be provided. Prior to obtaining a permit through MoDOT’s permit system, a utility owner will be required to provide a bond to ensure satisfactory work and complete a TR50 Electronic Signature Agreement with the Commission. The name of the utility owner must match on the bond, TR50, and in the permit system. More information on permitting can be found in [[:Category:941_Permits_and_Access_Requests|EPG 941]].&lt;br /&gt;
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===643.1.1.1 Emergency Work===&lt;br /&gt;
When emergency operations work is necessary, the damaged utility facility may be accessed immediately and without a permit by leaving the pavement at such points as may be necessary to effect emergency repairs, provided immediate notice is given to the Missouri State Highway Patrol and the district utilities staff for the district wherein the work will be performed, and a permit for emergency operations is requested immediately upon discovery of the need for emergency operations. A permit for emergency operations work is to be obtained as soon as practical, but in no event later than two (2) working days after the emergency operations work has commenced. Emergency operations include, but are not limited to, unplanned work in response to utility facilities being so damaged as to constitute an emergency situation directly affecting or endangering traffic on the highway or public health or safety.&lt;br /&gt;
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===643.1.1.2 Third-Party Inspection===&lt;br /&gt;
When a utility owner has a large number of projects in a given area or projects involving great complexity, MoDOT reserves the right to limit the number of permits open at any given time. With approval of the district utilities staff, a utility owner may hire a third-party inspector, at their cost. The third-party inspector will allow the utility owner to increase the number of permits open at any given time. The responsibility of the third-party inspector will be to ensure the installation of the utility facility proceeds in a manner consistent with the plans approved in the permit, including all work zone requirements and conformity with MoDOT’s Standards and Specifications. The MoDOT approved third-party inspector will be listed in the permit. MoDOT may audit third-party inspections and revoke the right to use third-party inspections should the inspectors fail to perform their duties.&lt;br /&gt;
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===643.1.1.3 Abandoned Utility Facilities===&lt;br /&gt;
All utility facilities installed in Commission right of way are the property of the utility owner whether the utility facility is active or inactive. MoDOT may allow a utility facility to remain on Commission right of way whether the utility facility was abandoned for a MoDOT project or at the utility owner’s discretion. MoDOT may place requirements (such as removing inactive fiber optic cables, grouting pipes, removing valves) on the utility owner as part of the process of abandoning a utility facility. Liability for damage to Commission right of way due to an abandoned facility remains the responsibility of the utility owner. In the event MoDOT requires the removal of the abandoned utility facility, responsibility for the cost of the removal will be determined per [[643.2_Local_Utility_Adjustments_-_Public_and_Private#643.2.8_Preliminary_Engineering_(PE)_Requirements|EPG 643.2.8]].&lt;br /&gt;
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==643.1.2 Definitions==&lt;br /&gt;
&#039;&#039;&#039;Bridge Attachment:&#039;&#039;&#039; A bridge attachment is any utility facility, including communication lines and electrical lines, or any other utility facility of a similar nature that is fastened to a bridge for the purpose of spanning an obstacle.&lt;br /&gt;
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&#039;&#039;&#039;Clear zone:&#039;&#039;&#039; The total roadside border area starting at the edge of the traveled way, available for safe use by errant vehicles. This area may consist of a shoulder, a recoverable slope, a non-recoverable slope, and/or the area at the toe of a non-recoverable slope available for safe use by an errant vehicle. Clear zone dimensions are provided in the current edition of American Association of State Highway Transportation Officials Roadside Design Guide.&lt;br /&gt;
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&#039;&#039;&#039;Ditch Line:&#039;&#039;&#039; A line where the roadway ditch meets the back slope. It is located at the lowest point of a V-bottom ditch or furthest point from the roadway of a flat bottom ditch where the roadway slopes back to the existing ground line.&lt;br /&gt;
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&#039;&#039;&#039;Duct:&#039;&#039;&#039; An enclosed tubular casing, or raceway, for protecting wires, lines, or cables that is often flexible or semi-rigid (1-3% diametric deflection). The casing, or raceway, is separate from the cable or conductor that passes through it.&lt;br /&gt;
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&#039;&#039;&#039;Encasement:&#039;&#039;&#039; The term encasement means the placing of an installation around and outside of an underground facility consisting of a larger conduit that permits the removal and replacement of the facility. An alternate to the conduit type encasement is reinforced concrete poured around the utility facility. Utility owners are allowed to use any types of material as a carrier and encasement for its facilities as expressly provided for in the permit issued for the installation of the utility facility.&lt;br /&gt;
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&#039;&#039;&#039;Freeway:&#039;&#039;&#039; A divided arterial highway with full control of access.&lt;br /&gt;
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&#039;&#039;&#039;Highway:&#039;&#039;&#039; Any public way for vehicular travel, including the entire area within the right of way and related facilities constructed or improved and maintained by the Missouri Highways and Transportation Commission (MHTC) acting through the Missouri Department of Transportation (MoDOT).&lt;br /&gt;
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&#039;&#039;&#039;Interchange Limits:&#039;&#039;&#039; For the uniform handling of utility installations only, the limits of an interchange are the outside ramp curve points. See [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_1_TypicalInterchangeLimits_AOD.pdf EPG Figure 643.1.1] for an example.&lt;br /&gt;
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&#039;&#039;&#039;Interstate System or Other Freeways/Expressways:&#039;&#039;&#039; Interstate highways and highways with fully controlled access.&lt;br /&gt;
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&#039;&#039;&#039;Major Routes (Interstates, Freeways/Expressways and Principal Arterials):&#039;&#039;&#039; The major highway system is all routes functionally classified as principal arterials. The principal arterial system provides for statewide or interstate movement of traffic. The major roads in Missouri total approximately 5,500 centerline miles.&lt;br /&gt;
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&#039;&#039;&#039;Minor Routes:&#039;&#039;&#039; The minor highway system is all routes functionally classified as minor arterials or collectors. These routes mainly serve local transportation needs. The minor roads in Missouri total approximately 28,400 centerline miles.&lt;br /&gt;
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&#039;&#039;&#039;Normal Right of Way Line:&#039;&#039;&#039; An imaginary line that connects sudden breaks in the major right of way points for roadways. Sight distance right of way points (triangles) at roadway intersections are not to be considered as sudden breaks for determining normal right of way.&lt;br /&gt;
[[File:fig_643.1.2-06_2026.jpg|none|700px|thumb|Figure 643.1.2 Normal Right of Way Line.]]&lt;br /&gt;
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&#039;&#039;&#039;Private Lines:&#039;&#039;&#039; Privately owned utility facilities which convey or transmit the commodities outlined in the definition of utility facility of this section but devoted exclusively to private use.&lt;br /&gt;
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&#039;&#039;&#039;Scenic Enhancement Areas:&#039;&#039;&#039; Scenic enhancement areas include areas acquired or so designated as scenic strips, overlooks, rest areas, recreation areas, and the right of way of adjacent roadways and the right of way of roadways that pass through public parks and historic sites as described under 23 USC 138.&lt;br /&gt;
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&#039;&#039;&#039;Utility Corridor:&#039;&#039;&#039; An area established for the placement of utility facilities parallel to the normal right of way line.&lt;br /&gt;
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&#039;&#039;&#039;Utility Facility:&#039;&#039;&#039; Privately, publicly, or cooperatively owned line, facility, or system for producing, transmitting, or distributing communications, cable television, power, electricity, light, heat, gas, oil, crude products, water, steam, waste, storm water not connected with highway drainage or any other similar commodity, including any fire or police signal system or street lighting system which directly or indirectly serves the public and does not include privately owned facilities devoted exclusively to private use. The term &amp;quot;utility facility&amp;quot; includes those facilities used solely by the utility owner that are a part of its operating plant.&lt;br /&gt;
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&#039;&#039;&#039;Utility Owner:&#039;&#039;&#039; The utility owner is the utility company, inclusive of any wholly owned or controlled subsidiary, or city or county which owns utility facilities. The term also includes those government agencies that lease a utility facility for its own use or otherwise dedicated solely to governmental use.&lt;br /&gt;
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&#039;&#039;&#039;Variance:&#039;&#039;&#039; A one- (1-) time deviation from the requirements for location or relocation of utility facilities on the right of way of highways in the state highway system as established in [https://www.sos.mo.gov/cmsimages/adrules/csr/current/7csr/7c10-3.pdf Title 7 Code of State Regulations 10-3], requested by the utility, and approved by a MoDOT District Design Engineer.&lt;br /&gt;
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==643.1.3 Location of Utility Facilities==&lt;br /&gt;
Utility facilities paralleling the roadway should be installed in the utility corridor except as outlined below. The utility corridor is the space for all utility owners generally within six feet (6’) of the normal right of way line. When considering if the current utility corridor is available to expand from six feet (6’) to as much as twelve feet (12’), MoDOT determines if the expansion is warranted. In making the determination, MoDOT will consider the existing utilization of the original six feet (6’) corridor. Poles must remain within two feet (2’) of the normal right of way line unless approved by a variance. The utility corridor will only be expanded beyond six feet (6’) if the original six feet (6’) corridor is fully utilized and additional space would be required to accommodate additional utility facilities. Acquisition of additional right of way to establish a twelve feet (12’) corridor is not required on highway construction projects. For depths for underground utility facilities, see [[#643.1.4.1_Minimum_Cover_for_Underground_Facilities|EPG 643.1.4.1]].&lt;br /&gt;
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Utility facilities crossing the roadway should be installed as close to ninety degrees (90°) to the centerline of the roadway as possible and based on the guidelines below depending on the type of roadway. See [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_3_TypicalUtilityCorridor-InterchangeatMajorRoute_AOD.pdf EPG Figure 643.1.3] and [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_4_TypicalUtilityCorridor-InterchangeatMinorRoute_AOD.pdf EPG Figure 643.1.4] for typical utility corridors around interchanges.&lt;br /&gt;
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===643.1.3.1 Interstate System or Other Major Freeways/Expressways===&lt;br /&gt;
The installation of all utility facilities on highways of the Interstate System or other major freeways/expressways with fully controlled access are to be installed, serviced, and maintained without entering or leaving the roadway and ramps except at points approved by MoDOT for that purpose and without parking any equipment or storing materials upon the medians, roadway and ramps, or shoulders of the roadways. Cutting or damaging the pavement or paved shoulders is not permitted. New service connections to existing parallel utility facilities are to be permitted only where an outer roadway exists and then only where access is permitted by the Commission. Careful consideration will be given to the location of guys, anchors, braces, and other supports. Generally, good design practice will provide that appurtenances be located at right of way jogs, along intersecting road right of way, or at other similar acceptable locations, so that encroachment is held to an absolute minimum.&lt;br /&gt;
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No utility facilities will be permitted within the interchange limits of an interchange between fully limited access highways where planned or existing. Utility facilities within the interchange limits of an interchange with a non-access controlled highway will be permitted only along the minor road, provided that all construction, service, and maintenance can be performed from the minor road. Manholes and poles must be located beyond the ramp termini.&lt;br /&gt;
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For structures carrying or over interstates or other major freeways/expressways, see [[#643.1.5_Bridge_Attachment_Policy|EPG 643.1.5]].&lt;br /&gt;
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====643.1.3.1.1 Utility Facilities Crossing the Interstate or Other Major Freeways/Expressways====&lt;br /&gt;
=====643.1.3.1.1.1 Overhead Crossings of the Interstate or Other Major Freeways/Expressways=====&lt;br /&gt;
Overhead crossings of utility facilities are permitted only for power transmission and distribution lines and for multiple circuit communication lines where an underground installation is not economically feasible. Supports for existing utility facilities crossing overhead may remain on the right of way provided they are near the right of way line regardless of the presence of an outer road. Supports for new overhead utility facilities crossing overhead may be located on the right of way near the right of way line where an outer roadway exists and are to be located off the right of way where no outer roadway exists. Overhead service crossings are only permitted in isolated cases for residential or commercial establishments when the denial of the crossing would require construction of more than 1,200 feet (1,200’) of utility line to provide the service. Main or distribution line crossings are required to serve a general area other than isolated cases.&lt;br /&gt;
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=====643.1.3.1.1.2 Underground Crossings of the Interstate or Other Major Freeways/Expressways=====&lt;br /&gt;
Underground crossings of utility facilities are to be continuously encased under the pavement, medians, ramps, and shoulders with the casing extending to the toe of the fill slopes or to the ditch line. In curbed sections, encasement should extend outside the outer curb of the roadways a distance equal to the depth of the encasement at the curb line. Where installed by open trench through unpaved areas, detector tape should be placed approximately one foot (1&#039;) above the encasement. Where an interstate or other major freeway has a parallel outer roadway, encasement should be continuous under all roadways within the right of way.&lt;br /&gt;
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Manholes or vent pipes are to be located at the right of way line or adjacent to the outer roadway.&lt;br /&gt;
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For fiber optic cable, encasement should extend from within six feet (6&#039;) of one right of way line to within six feet (6&#039;) of the other right of way line.&lt;br /&gt;
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Exceptions may be made for encasement as listed in [[#643.1.4.2_Exceptions_to_Encasement|EPG 643.1.4.2]].&lt;br /&gt;
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=====643.1.3.1.1.3 Parallel Installations along the Interstate or Other Major Freeways/Expressways=====&lt;br /&gt;
New parallel installations on the right of way may be permitted only where an outer roadway exists, provided that poles are within two feet (2&#039;) of the normal right of way line and underground utility facilities are within the utility corridor, and provided that the utility facility can be installed and maintained between the outer roadway and the right of way line. Existing overhead or underground utility facilities that parallel an existing roadway which will be incorporated into a completed highway as an outer roadway may remain in place if all maintenance and service can be performed from an outer roadway and the existing location does not interfere with construction, maintenance, or operation of the completed highway. If an existing parallel utility facility needs to be relocated so as to not interfere with the construction, maintenance, or operation of the completed interstate or other major freeway, poles may be located withing five feet (5’) of the right of way line.&lt;br /&gt;
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Underground utility facilities are expected to be buried within the utility corridor of sight distance triangles (SDTs) at roadway intersections unless granted a variance. Overhead utility facilities may be allowed to span intersecting roadways with SDTs provided the poles, or supports, are located outside the SDT.&lt;br /&gt;
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=====643.1.3.1.1.4 Sanitary Sewers within the Right of Way of Interstates or Other Major Freeways/Expressways=====&lt;br /&gt;
New installations of sanitary sewers should follow the applicable guidelines for either underground crossings or parallel installations as appropriate. Existing gravity trunk sanitary sewers should be considered individually and removed or left in place contingent upon its age, condition, feasibility of moving, and maintenance access. Encasement of existing trunk sewers left in place may be required for questionable condition, protection during construction, or heavy fills.&lt;br /&gt;
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Manholes should be relocated to the right of way lines or adjacent to an outer roadway.&lt;br /&gt;
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===643.1.3.2 Major Routes===&lt;br /&gt;
For structures carrying or over major routes, see [[#643.1.5_Bridge_Attachment_Policy|EPG 643.1.5]].&lt;br /&gt;
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====643.1.3.2.1 Major Routes with Partially Controlled Access Right of Way====&lt;br /&gt;
The installation of all utility facilities on highways with partially controlled access right of way are to be installed, serviced, and maintained without entering or leaving the roadway and ramps except at points approved by MoDOT for that purpose and without parking any equipment or storing materials upon the medians, roadway and ramps, or shoulders of the roadways. Cutting or damaging the pavement or paved shoulders is not permitted. Equipment or materials stored within the right of way must be protected by longitudinal barrier or be located outside the clear zone. New service connections to existing parallel utility facilities are to be permitted only where granted by the Commission.&lt;br /&gt;
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No utility facilities will be permitted within the interchange limits of an interchange between fully limited access highways where planned or existing. Utility facilities within the interchange limits of an interchange with a non-access controlled highway will be permitted only along the minor road, provided that all construction, service, and maintenance can be performed from the minor road. Manholes and poles must be located beyond the ramp termini.&lt;br /&gt;
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====643.1.3.2.2 Major Routes with Normal Access Right of Way====&lt;br /&gt;
All new utility facilities will be installed and maintained without cutting or damaging the pavement or paved shoulders except in the event underlying rock formations or other obstructions are encountered that prevent boring or pushing operations. A variance may be granted for pavement cuts when the need is established. Pavement cuts may only be made by permits issued when it is impractical to otherwise service and maintain the facility. The installation of all utility facilities is to be installed without parking any equipment or storing materials upon the medians, roadway and ramps, or shoulders of the roadways. Equipment or materials stored within the right of way must be protected by longitudinal barrier or be located outside the clear zone.&lt;br /&gt;
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====643.1.3.2.3 Utility Facilities Crossing Major Routes====&lt;br /&gt;
=====643.1.3.2.3.1 Overhead Crossings of Major Routes=====&lt;br /&gt;
Supports for utility facilities crossing overhead should be located as near the right of way line as possible. For major routes with controlled access right of way, new overhead service crossings may be permitted in isolated cases for residential or commercial establishments where the denial of such crossings would require the construction of more than 1,200 feet (1,200’) of utility line to provide the same service. For major routes with normal access right of way, there is no restriction on the placement of service crossings.&lt;br /&gt;
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=====643.1.3.2.3.2 Underground Crossings of Major Routes=====&lt;br /&gt;
Underground crossings of utility facilities are to be continuously encased under the pavement, medians, ramps, and shoulders with the casing extending to the toe of the fill slopes or to the ditch line. In curbed sections, encasement should extend outside the outer curb of the roadways a distance equal to the depth of the encasement at the curb line. Where installed by open trench through unpaved areas, detector tape should be placed approximately one foot (1&#039;) above the encasement. Where a major route has a parallel outer roadway, encasement should be continuous under all roadways within the right of way.&lt;br /&gt;
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Manholes or vent pipes are to be located at the right of way line or adjacent to the outer roadway.&lt;br /&gt;
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For fiber optic cable, encasement should extend from within six feet (6&#039;) of one right of way line to within six feet (6&#039;) of the other right of way line.&lt;br /&gt;
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Exceptions may be made for encasement as listed in [[#643.1.4.2_Exceptions_to_Encasement|EPG 643.1.4.2]].&lt;br /&gt;
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====643.1.3.2.4 Parallel Installations along Major Routes====&lt;br /&gt;
New parallel installations on the right of way may be permitted provided that poles are within two feet (2&#039;) of the normal right of way line and underground utility facilities are within the utility corridor. Existing overhead or underground utility facilities that parallel an existing roadway which will be incorporated into a completed highway may remain in place if all maintenance and service can be performed without entering or leaving the roadway except at approved access points; without parking equipment or storing materials on the median, pavement, ramps, or shoulders; and the existing location does not interfere with construction, maintenance, or operation of the completed highway. If an existing parallel utility facility needs to be relocated so as to not interfere with the construction, maintenance, or operation of the completed highway, poles may be located withing five feet (5’) of the right of way line.&lt;br /&gt;
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Existing steel pipe transmission and distribution facilities for gaseous petroleum products that parallel an existing roadway that will be incorporated into the completed roadway may be left in place subject to an agreement by the utility owner that maintenance or service and facility expansion will be performed without cutting or damaging the pavement or interfering with the construction, maintenance, and operation of the highway and provided that the facility is cathodically protected against corrosion and meets the applicable material requirements.&lt;br /&gt;
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Underground utility facilities are expected to be buried within the utility corridor of sight distance triangles (SDTs) at roadway intersections unless granted a variance. Overhead utility facilities may be allowed to span intersecting roadways with SDTs provided the poles, or supports, are located outside the SDT.&lt;br /&gt;
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====643.1.3.2.5 Sanitary Sewers within the Right of Way of Major Routes====&lt;br /&gt;
New installations of sanitary sewers should follow the applicable guidelines for either underground crossings or parallel installations as appropriate. An existing gravity trunk sanitary sewer should be considered individually and removed or left in place contingent upon its age, condition, feasibility of moving, and maintenance access. If an existing parallel gravity main is left in place within the limits of the paved surface, paved shoulder lines, or curb lines, stub mains as required will be laid between the sewer main and curb or shoulder lines for future service connections in each block. Manholes should be relocated outside the traveled roadway as near the right of way line as practical.&lt;br /&gt;
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===643.1.3.3 Minor Routes===&lt;br /&gt;
For structures carrying or over minor routes, see [[#643.1.5_Bridge_Attachment_Policy|EPG 643.1.5]].&lt;br /&gt;
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====643.1.3.3.1 Utility Facilities Crossing Minor Routes====&lt;br /&gt;
=====643.1.3.3.1.1 Overhead Crossings of Minor Routes=====&lt;br /&gt;
Existing overhead crossings that interfere with construction, maintenance, or operation should be relocated with their supports as near the right of way line as is practical. New overhead crossing installations should be located with their supports as near the right of way line as is practical.&lt;br /&gt;
&lt;br /&gt;
=====643.1.3.3.1.2 Underground Crossings of Minor Routes=====&lt;br /&gt;
All new utility facilities should be installed and maintained without cutting or damaging the pavement or paved shoulders. A variance may be granted for pavement cuts when servicing and maintaining the facility by any other methods is impractical. Pavement cuts may only be made by permits issued. Underground crossings of utility facilities are to be continuously encased under the pavement, medians, ramps, and shoulders with the casing extending to the toe of the fill slopes or to the ditch line. In curbed sections, encasement should extend outside the outer curb of the roadways a distance equal to the depth of the encasement at the curb line. Where installed by open trench through unpaved areas, detector tape should be placed approximately one foot (1&#039;) above the encasement.&lt;br /&gt;
&lt;br /&gt;
Manholes or vent pipes are to be located at the right of way line or adjacent to the outer roadway.&lt;br /&gt;
&lt;br /&gt;
For fiber optic cable, encasement should extend from within six feet (6&#039;) of one right of way line to within six feet (6&#039;) of the other right of way line.&lt;br /&gt;
&lt;br /&gt;
Exceptions may be made for encasement as listed in [[#643.1.4.2_Exceptions_to_Encasement|EPG 643.1.4.2]].&lt;br /&gt;
&lt;br /&gt;
====643.1.3.3.2 Parallel Installations along Minor Routes====&lt;br /&gt;
New parallel installations on the right of way may be permitted provided that poles are within two feet (2&#039;) of the normal right of way line and underground utility facilities are within the utility corridor. Existing overhead or underground utility facilities that parallel an existing roadway which will be incorporated into a completed highway may remain in place if all maintenance and service can be performed without entering or leaving the roadway except at approved access points; without parking equipment or storing materials on the median, pavement, ramps, or shoulders; and the existing location does not interfere with construction, maintenance, or operation of the completed highway. If an existing parallel utility facility needs to be relocated so as to not interfere with the construction, maintenance, or operation of the completed highway, poles may be located within five feet (5’) of the right of way line.&lt;br /&gt;
&lt;br /&gt;
Underground utility facilities are expected to be buried within the utility corridor of sight distance triangles (SDTs) at roadway intersections unless granted a variance. Overhead utility facilities may be allowed to span intersecting roadways with SDTs provided the poles, or supports, are located outside the SDT.&lt;br /&gt;
&lt;br /&gt;
====643.1.3.3.3 Sanitary Sewers within the Right of Way of Minor Routes====&lt;br /&gt;
New installations of sanitary sewers should follow the applicable guidelines for either underground crossings or parallel installations as appropriate. An existing gravity trunk sanitary sewer should be considered individually and removed or left in place contingent upon its age, condition, feasibility of moving, and maintenance access. If an existing parallel gravity main is left in place within the limits of the paved surface, paved shoulder lines, or curb lines, stub mains as required will be laid between the sewer main and curb or shoulder lines for future service connections in each block. Manholes should be relocated outside the traveled roadway.&lt;br /&gt;
&lt;br /&gt;
===643.1.3.4 Roundabouts===&lt;br /&gt;
Regardless of roadway type, it is desirable to avoid locating utility facilities and their access points within the circulatory roadway. If possible, utility facilities are located in the legs of the roundabout to allow for future maintenance and access at an isolated leg versus affecting the entire roundabout. See [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_5_TypicalLocationofUtilityFacilitiesnearRoundabouts_AOD.pdf EPG Figure 643.1.5] for an example.&lt;br /&gt;
&lt;br /&gt;
===643.1.3.5 Utility Facilities in Scenic Enhancement Areas===&lt;br /&gt;
All existing utility facilities within the limits of a scenic enhancement area requiring adjustment because of construction or reconstruction will be placed underground or relocated beyond the limits of the scenic enhancement area. No new above ground facilities will be permitted. New underground facilities will be permitted provided they do not extensively alter or impair the appearance of the area.&lt;br /&gt;
&lt;br /&gt;
==643.1.4 Installation of Utility Facilities==&lt;br /&gt;
The following sections provide information on the physical installation of utility facilities within highway right of way.&lt;br /&gt;
&lt;br /&gt;
===643.1.4.1 Minimum Cover for Underground Facilities===&lt;br /&gt;
The minimum cover for new underground utilities is:&lt;br /&gt;
* Forty-two inches (42”) for all water lines (parallel and crossings).&lt;br /&gt;
* Forty-two inches (42”) for fiber optic cable (crossings encased in rigid conduit).&lt;br /&gt;
* Seventy-two inches (72”) for fiber optic cable (crossings encased in polyethylene (PE) pipe).&lt;br /&gt;
* Thirty inches (30”) for direct burial and in trench fiber optic cable (parallel).&lt;br /&gt;
* Twenty-four inches (24”) for all other direct burial copper or coaxial cable, (parallel).&lt;br /&gt;
* Seventy-two inches (72”) for uncased polyethylene (PE) gas pipe crossings under ditches and roadways but thirty inches (30”) elsewhere.&lt;br /&gt;
* Thirty inches (30”) for all other (such as, but not limited to, gravity sewers, forced sewers, and electric) underground utilities (both parallel and crossing).&lt;br /&gt;
&lt;br /&gt;
===643.1.4.2 Exceptions to Encasement===&lt;br /&gt;
Exceptions may be made for encasement as follows:&lt;br /&gt;
* Non-fiber communication or electric cables installed in ducts.&lt;br /&gt;
* Welded steel pipelines carrying gaseous or liquid petroleum products - provided they are cathodically protected against corrosion, triple-coated in accordance with accepted pipeline construction standards, and meet applicable material requirements.&lt;br /&gt;
* Natural gas distribution pipe (nominal six-inch (6”) diameter maximum) of polyethylene (PE) plastic, traceable, installed by a horizontal bore method at a minimum depth of seventy-two inches (72”) under ditches and roadways, constructed in accordance with and meeting applicable material requirements.&lt;br /&gt;
* Gas service connections protected and constructed in accordance with and meeting applicable material requirements.&lt;br /&gt;
* Encasement is not required for new trunk sanitary sewer crossings of vitrified clay, reinforced concrete or cast iron except when installation procedures would produce voids in the roadbed, heavy fills, or installations under pressure.&lt;br /&gt;
&lt;br /&gt;
===643.1.4.3 Above Ground or Ground Level Appurtenances===&lt;br /&gt;
Appurtenances protruding more than four inches (4”) above the ground line should be located outside the clear zone. If no feasible alternative exists and if permitted by a variance, appurtenances may be allowed within the clear zone if they meet breakaway criteria or will be shielded by a traffic barrier. Good design practice will provide that appurtenances be located at right of way jogs, along intersecting road right of way, or at other similar acceptable locations, so that encroachment is held to an absolute minimum. Cables, wires, small diameter pipes, and other such utility appurtenances extending from the surface of the ground should be equipped with covers or guards to improve their visibility. Appurtenances within sidewalks or street level pedestrian access routes are to be in conformance with the Americans with Disabilities Act requirements.&lt;br /&gt;
&lt;br /&gt;
The maximum pull box width perpendicular to the right of way line within the utility corridor is thirty inches (30”).&lt;br /&gt;
&lt;br /&gt;
===643.1.4.4 Overhead Utility Facilities===&lt;br /&gt;
The vertical clearance of new or existing overhead installations will not be less than the current minimum requirements of the National Electric Safety Code, but in no case less than eighteen feet (18’) inclusive of sag above the groundline for electrical facilities. Clearance may be reduced for overhead installations of cable, telephone, or fiber optic facilities.&lt;br /&gt;
A minimum radial clearance of twenty-five feet (25’) is provided from any utility facility to the nearest part of any bridge structure. A minimum radial clearance of ten feet (10’) is provided from the nearest charged electrical line to a MoDOT signal, lighting, ITS, or overhead sign structure.&lt;br /&gt;
&lt;br /&gt;
===643.1.4.5 Approved Materials===&lt;br /&gt;
Utility owners are allowed to use any material for underground utility facilities including carrier and encasement provided they accept responsibility for any future repairs and/or replacement of damaged MoDOT facilities should a failure occur. This will allow the use of current technology and procedures to provide the best value to its subscribers and the taxpayers of Missouri. For materials that MoDOT also uses in its highway system, utility owners must provide materials that meet the current [https://www.modot.org/missouri-standard-specifications-highway-construction Missouri Standard Specifications for Highway Construction]. For materials not listed in the Missouri Standard Specifications for Highway Construction, the utility owner should provide documentation of the standards used to determine suitability of the material.&lt;br /&gt;
&lt;br /&gt;
===643.1.4.6 Cutting===&lt;br /&gt;
In the event permission is granted to cut an existing concrete or asphalt pavement or sidewalk, the appropriate provisions below should be followed.&lt;br /&gt;
&lt;br /&gt;
====643.1.4.6.1 Pavement====&lt;br /&gt;
All pavement cuts should be made with a saw to the full depth of the pavement. The width of the cut is typically determined by the width of the trench plus a minimum one foot (1’) on each side of the trench. In the event the distance to any adjacent longitudinal or transverse joint or crack is less than four feet (4’), the pavement must be removed to the joint or crack. Cuts for perpendicular service tie-ins should be a minimum of three feet (3’) wide. Longitudinal main installations are typically cut at a minimum of half the lane width, but in no instance should the cut be along the wheel path of the lane.&lt;br /&gt;
[[File:fig_643.1.6-06_2026.jpg|800px|none|thumb|Figure 643.1.6 Pavement Repair Dimension Requirements.]]&lt;br /&gt;
&lt;br /&gt;
The utility facilities should be placed in a location with the least impact to the roadway. Typically, this leads to placement in the shoulder when available followed by the two-way left turn lane (TWLTL), and then outside lanes before allowing placement in interior through lanes. Lane switching should be kept to a minimum and should not be used to minimize repair sizes. Cuts for mains or service leads that may not be perpendicular to the roadway should be squared-off.&lt;br /&gt;
&lt;br /&gt;
Replacement of cut pavement should be full depth concrete in accordance with the current version at the time of installation of Section 613.10 Full Depth Pavement Repairs of the Missouri Standard Specifications for Highway Construction and the Missouri Standard Plans for Highway Construction. If the area of the pavement repair is not to be fully resurfaced all joints including the overcut from the sawing operation should be filled with an expansive mortar, epoxy, polyester, or joint material as approved by the Engineer in accordance with Section 1057 of the Missouri Standard Specifications for Highway Construction.&lt;br /&gt;
&lt;br /&gt;
====643.1.4.6.2 Pedestrian Access Routes====&lt;br /&gt;
All cuts in the pedestrian access routes whether asphalt or concrete should be made by saw and be the full depth of the material. Entire slabs of concrete sidewalk should be removed. Repair of the pedestrian access route must meet Americans with Disability Act requirements, see [[:Category:642_Pedestrian_Facilities|EPG 642]]. Cuts through curb ramps or detectable warning areas are not permitted. Rather the entire curb ramp or detectable warning area must be removed and replaced. MoDOT district ADA contacts can help ensure ADA compliance of impacted pedestrian access routes.&lt;br /&gt;
&lt;br /&gt;
===643.1.4.7 Non-disturbance Areas===&lt;br /&gt;
MoDOT has certain areas of right of way where mowing, spraying, digging, or other vegetation disturbance activities are restricted. These areas have been established to mitigate the environmental impacts of a previous project and should be avoided. If the areas cannot be avoided, contact MoDOT’s Environmental Section.&lt;br /&gt;
&lt;br /&gt;
==643.1.5 Bridge Attachment Policy==&lt;br /&gt;
No utility facility will be permitted in or on a structure carrying an interstate or other freeway unless it is part of a federal requirement or for MoDOT’s use. When the structure carries any other road type and no other practical means exists for the crossing, wires (communication, electrical, fiber, or metal) will be permitted. Electrical lines must be located to cause minimum exposure to MoDOT maintenance personnel and the public. Pressurized pipelines for gas or other petroleum products and water and all sewer lines are prohibited on all structures due to the risks associated with their failure.&lt;br /&gt;
&lt;br /&gt;
===643.1.5.1 Agreement===&lt;br /&gt;
An agreement is required for all utility facilities attached to any structure. A charge will be made for the increased maintenance costs involved. This fee is set by the Bridge Division. When permitted, a 50-year occupational agreement is executed with the utility owner. Agreement BR04 Utility Attachment Agreement is used when an attachment is added to a bridge during its construction. Agreement BR09 Bridge Attachment Agreement is used when an attachment is added to an existing bridge.&lt;br /&gt;
&lt;br /&gt;
===643.1.5.2 Requests===&lt;br /&gt;
Requests to attach facilities to structures is a multi-step process. Bridge Division is responsible for approval of the bridge attachment. If at any point in the process, Bridge Division determines the attachment to be unacceptable, a reason is to be provided.&lt;br /&gt;
&lt;br /&gt;
To start, the utility owner submits a conceptual request to the district utilities staff. The conceptual request consists of an explanation of the proposal; a general location sketch (i.e., which side of the bridge); and details on the facility, length, and weight per foot when full. The district utilities staff should work with all relevant district personnel including the District Bridge Engineer in reviewing and recommending the attachment. The district utilities staff will submit the recommended details to the Bridge Division to determine the applicable costs including future maintenance costs and for attachments to new bridges, design and construction. Once the Bridge Division has determined the cost, the district utilities staff shares the cost with the utility owner for their concurrence with furthering the process. For new bridges, if the utility owner concurs with the costs, the district utility staff will prepare the BR04 Agreement for execution by the utility owner and the Commission. MoDOT will be responsible for the design and construction of attachments to new bridges. For existing bridges, the district utilities staff will forward the applicable as-built bridge plans to the utility owner for its use in designing the bridge attachment. The utility owner will provide detailed design drawings, signed and sealed by a professional engineer in the State of Missouri, to the district utilities staff for review. The district utilities staff should work with all relevant district personnel, including the District Bridge Engineer, in reviewing and recommending the details of the attachment to the Bridge Division. Once Bridge Division approves, the Bridge Division will prepare the BR09 Agreement for execution by the utility owner and the Commission. The utility owner is responsible for the construction of attachments to existing bridges. A flow chart, [https://epg.modot.org/forms/general_files/DE/EPGFigure643_1_7_BridgeAttachementProcess_AOD.pdf EPG Figure 643.1.7], of the process is available.&lt;br /&gt;
&lt;br /&gt;
Payment from the utility owner for the attachment will be sent to Financial Services by district utilities staff. For BR04 agreements, district utilities staff should discuss with Financial Services how to get the payment credited to the project constructing the attachment. For BR09 agreements, district utilities staff should copy Bridge Division on correspondence with Financial Serves. Checks should be made payable to Director of Revenue, Credit State Road Fund.&lt;br /&gt;
&lt;br /&gt;
For requests from government entities such as cities, counties, and other municipalities, the requested information should be submitted to Bridge Division as described above. However, the district utilities staff will take the lead in preparing the DE10 County Agreement or DE11 Municipal Agreement, as applicable, with input from Bridge Division and Bridge Maintenance. All fees are waived for government entities.&lt;br /&gt;
&lt;br /&gt;
===643.1.5.3 Considerations===&lt;br /&gt;
The following considerations are made in determining the acceptability of a bridge attachment. Unique situations will be discussed with the Bridge Division as required.&lt;br /&gt;
&lt;br /&gt;
====643.1.5.3.1 Bridge Asset Management Program====&lt;br /&gt;
Requests for bridge attachments should be reviewed for consistency with the district’s upcoming bridge asset management program needs. If a structure is due for rehabilitation or replacement in the near future, information should be provided to the utility owner indicating existing remaining life of the bridge. In some instances, it may be in MoDOT’s best interest to deny the request for attachment outright. In some instances, the utility owner may still choose to pursue the short-term attachment to the existing structure. In almost all cases, the utility owner is responsible for the cost of removing and/or relocating their utility facilities for a necessary repair, widening, improvement or reconstruction of the structure. Review existing agreements for cost responsibility for current attachments.&lt;br /&gt;
&lt;br /&gt;
====643.1.5.3.2 Aesthetics====&lt;br /&gt;
In reviewing a request for a bridge attachment, how the structure is viewed by the public will be considered. For example, is the structure over a scenic stream that is extensively used by canoeists, or does the structure span a road that may provide access to a park, campgrounds, or boat launching facilities? Is the structure a grade separation where the motoring public will see the attachment before they pass under it?&lt;br /&gt;
&lt;br /&gt;
====643.1.5.3.3 Method of Attachment====&lt;br /&gt;
In order to maintain structural integrity of any structures the following requirements will apply for attachments.&lt;br /&gt;
&lt;br /&gt;
=====643.1.5.3.3.1 Welding=====&lt;br /&gt;
Welding of hardware to structural steel members (i.e., flanges, webs, stiffeners, and diaphragms) whether in tension or compression is not permitted.&lt;br /&gt;
&lt;br /&gt;
=====643.1.5.3.3.2 Drilling=====&lt;br /&gt;
Drilling holes in any structural steel member is not permitted. Drilling holes for anchors into any prestressed concrete member is not permitted. Although permitted, drilling holes for anchors into the underside of bridge decks must be done with caution. It is recommended all anchors be installed to miss deck reinforcing steel. Generally, drilling into decks will not be allowed where sonotubes were used (voided slab bridges). The depth of the holes should be such that breaking out of the concrete on the top side of the deck does not occur.&lt;br /&gt;
&lt;br /&gt;
=====643.1.5.3.3.3 Corrosion=====&lt;br /&gt;
Attachment hardware will be new, properly coated to prevent corrosion or be of a non-corrosive material, and be designed to support the facility.&lt;br /&gt;
&lt;br /&gt;
====643.1.5.3.4 Location====&lt;br /&gt;
In general, attachments are made on the underneath side of the bridge deck. The condition of the bridge deck will dictate the location of the attachment supports. An exception may be attachments to trusses or other overhead structures.&lt;br /&gt;
&lt;br /&gt;
Attachments that may require manholes in bridge decks are not allowed.&lt;br /&gt;
&lt;br /&gt;
When attachments are required to structures over streams that may carry large drifts, they must be attached to the downstream side of the structure and above the lowest superstructure element. It is preferred to locate the attachment on the outside of the exterior girder. If aesthetics are a concern, a better appearance can be achieved by having the attachment made to the inside of the exterior girder and above the bottom of the lower flange to hide the conduit and the attaching hardware.&lt;br /&gt;
&lt;br /&gt;
Placement of utilities must not prevent the removal of old paint, the application of new paint on superstructure steel, or cause debris buildup, which could cause structural deterioration.&lt;br /&gt;
&lt;br /&gt;
====643.1.5.3.5 Construction and Maintenance====&lt;br /&gt;
If the attachment cannot be built while maintaining one (1) lane of traffic on the structure, it will not be allowed.&lt;br /&gt;
&lt;br /&gt;
Construction procedures that severely impact traffic may factor into the allowable location of the attachment on the structure.&lt;br /&gt;
&lt;br /&gt;
When scaffolding is to be attached or supported by bridge rails, bridge superstructure, or bridge substructure, the procedures for construction of the attachment must be reviewed.&lt;br /&gt;
&lt;br /&gt;
The utility owner or local entity will pay for, or be responsible for, the painting of the attachment, if necessary, when the bridge requires painting.&lt;br /&gt;
&lt;br /&gt;
==643.1.6 Private Lines==&lt;br /&gt;
Private lines are permitted to cross the right of way of a highway in the same manner as outlined for all utility facilities in above sections of this article. Parallel installations along the right of way of a highway are not permitted. Special conditions at a specific location that make adherence to this policy impractical will be submitted to the Chief Engineer for consideration of an acceptable alternative. In certain situations, it may be necessary to obtain approval from the Federal Highway Administration (FHWA) before approval to use the alternative can be given to the private utility owner.&lt;br /&gt;
&lt;br /&gt;
==643.1.7 Water and Sewer Separations==&lt;br /&gt;
The Missouri Department of Natural Resources (MoDNR) Safe Drinking Water Commission via 10 CSR 60-10 and Clean Water Commission via 10 CSR 20-8 govern the design of water and sewer lines in the vicinity of one another. Basic criteria are outlined below for information, and details are contained within the regulations. MoDOT is not responsible for providing or acquiring adequate right of way for utility owners to comply with MoDNR requirements.&lt;br /&gt;
&lt;br /&gt;
===643.1.7.1 Water and Sewer Separations===&lt;br /&gt;
====643.1.7.1.1 Horizontal====&lt;br /&gt;
Sanitary and storm sewers are to be laid at least ten feet (10’) horizontally measured from outside edge to outside edge from any existing or proposed water main. In cases where it is not practical to maintain ten feet (10’) of separation, installation of the water main closer to the sewer is acceptable where the water main is installed in a separate trench or on an undisturbed earth shelf located on one (1) side of the sewer at an elevation so the bottom of the water main is at least eighteen inches (18”) above the top of the sewer.&lt;br /&gt;
&lt;br /&gt;
===643.1.7.2 Crossings===&lt;br /&gt;
Water mains are to be laid to provide a minimum vertical distance of eighteen inches (18”) vertically measured outside edge to edge from sanitary or storm sewers. This is the case whether the water main is above or below the sewer. One (1) full length of water pipe must be located so both joints will be as far from the sanitary or storm sewer line as possible. Special structural support for the water main or sanitary or sewer main may be required.&lt;br /&gt;
&lt;br /&gt;
===643.1.7.3 Exception===&lt;br /&gt;
When it is impossible to obtain proper horizontal and vertical separation as stipulated, the sewer will be designed and constructed equal to water pipe and will be pressure-tested to assure it is watertight prior to backfilling.&lt;br /&gt;
&lt;br /&gt;
===643.1.7.4 Water Supply Interconnections===&lt;br /&gt;
No physical connection is permitted between a public or private potable water supply system and any sanitary or storm sewer or appurtenance that would permit the passage of any sewage or polluted water into the water supply. No water pipe is permitted to pass through or come in contact with any part of a sanitary sewer manhole.&lt;br /&gt;
&lt;br /&gt;
===643.1.7.5 Water Works Structures===&lt;br /&gt;
Sewers are not permitted to be installed within fifty feet (50’) in any direction from any existing or proposed public water supply well or other water supply sources or structures.&lt;br /&gt;
&lt;br /&gt;
==643.1.8 Variances==&lt;br /&gt;
Occasionally, it is impractical to locate a utility facility in accordance with requirements outlined in this article. MoDOT may consider a utility owner’s request for a variance from these requirements on a case-by-case basis. The utility owner should complete a [https://epg.modot.org/forms/general_files/DE/UtilityVarianceApprovalForm.docx Utility Variance Approval Form] to be submitted to MoDOT for consideration. Variances on the Interstate System require approval of the Federal Highway Administration (FHWA). A flow chart, [https://epg.modot.org/forms/general_files/DE/xx.pdf EPG Figure 643.1.8], of the variance process is available.&lt;br /&gt;
&lt;br /&gt;
A variance will not be permitted just for the convenience of the utility owner. The utility owner requesting a variance must provide all necessary information to properly evaluate if a variance should be approved. For example, a utility owner requesting a variance because “the utility corridor is full” must explore all reasonable options. It is suggested that the requestor pothole the existing utility corridor to confirm the location of existing utility facilities and provide that data to support the need to locate outside of the utility corridor due to its congestion.&lt;br /&gt;
&lt;br /&gt;
===643.1.8.1 Variance Process===&lt;br /&gt;
Any utility owner of a public utility facility may apply for a variance. The process for requesting a variance is as follows:&lt;br /&gt;
&lt;br /&gt;
====643.1.8.1.1 Submittal Requirements====&lt;br /&gt;
Utility owners submit to the district utilities staff a written request for a variance using the [https://epg.modot.org/forms/general_files/DE/UtilityVarianceApprovalForm.docx Utility Variance Approval Form]. The utility owner must clearly show the provision(s) or guideline(s) for which the variance is being requested; the condition(s) which the utility owner believes warrant(s) the granting of a variance; a thorough explanation of the reason(s) for the requested variance, including sufficient and appropriate documentation of safety, aesthetic, or constructability constraints that would be adverse to the function, access, or maintenance of the utility facility and not in the best interest of the public.&lt;br /&gt;
&lt;br /&gt;
====643.1.8.1.2 MoDOT Consideration of Variance Request====&lt;br /&gt;
The utility owner bears full responsibility for demonstrating to MoDOT’s satisfaction that the variance is the most appropriate way to serve the public interest. MoDOT may present to the utility owner and the utility owner must consider reasonable alternatives to the variance requested by the utility owner. In determining whether to grant a variance, district utilities staff will consider all relevant factors including, but not limited to: the requested variance is reasonably necessary for the convenience, safety, health, and/or welfare of the public; there is an exceptional or undue burden or hardship on the specific applicant; a physical impracticability that would result from the applicant’s adherence to the normal location requirements; and the requested variance will not impair the safe construction, maintenance, operation, and safety of public travel on the highway. District utilities staff may consult with the Design Liaison Engineer in evaluating variances.&lt;br /&gt;
&lt;br /&gt;
====643.1.8.1.3 Approval of Variances====&lt;br /&gt;
Once district utilities staff have agreed to accept a variance proposed by the utility owner, the [https://epg.modot.org/forms/general_files/DE/UtilityVarianceApprovalForm.docx Utility Variance Approval Form] and all supporting documentation is sent to the District Design Engineer (DDE) for approval. If a variance is on interstate right of way, the DDE-signed Variance Request Form and all supporting documentation is forwarded to the Design Liaison Engineer who will forward to FHWA for their concurrence.&lt;br /&gt;
&lt;br /&gt;
====643.1.8.1.4 Variance Appeal Informal Hearing====&lt;br /&gt;
If denied a variance, the utility owner has thirty (30) calendar days to request an informal hearing for the purpose of appealing the denial. Requests must be made in writing to the State Design Engineer, Missouri Department of Transportation, P.O. Box 270, Jefferson City, MO 65102. If the utility owner requests an informal hearing, MoDOT’s authorized representative will advise the applicant of the time, date, and place of the hearing. The hearing is not a contested case under RSMo 536. The rules of evidence will not apply at the hearing, and MoDOT’s decision after the conduct of the hearing is not subject to further appeal.&lt;br /&gt;
&lt;br /&gt;
==643.1.9 Excess Right of Way==&lt;br /&gt;
Prior to conveyance of excess right of way, the status of utility facilities within said parcel must be addressed. See [[236.5_Property_Management#236.5.12_Excess_Land_Conveyances_&amp;amp;_Relinquishments_–_Regulated_Utilities|EPG 236.5.12]].&lt;br /&gt;
&lt;br /&gt;
==643.1.10 Broadband==&lt;br /&gt;
Broadband development in the state of Missouri is handled by the Department of Economic Development (DED). MoDOT shares its approved Statewide Transportation Improvement Program (STIP) project list with DED. All MoDOT policies related to placement of utility facilities within Commission right of way as outlined in this EPG article 643.1 are to be followed.&lt;br /&gt;
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==643.2.1 Introduction==&lt;br /&gt;
Improvements to the highway system often require negotiation between the Commission and a city, a county, or a public or private utility owner. The Commission’s district utilities staff is responsible for coordination of highway improvement projects with the utility owner’s representative. The impact to a utility, the responsibility for the cost of adjustments necessary to allow highway construction, the plan of adjustment of the utility, the responsibility of performance of work on utility facilities, and the schedule of the utility adjustment are all items that vary depending on the project and should be investigated and negotiated to ensure highway improvement projects are delivered on-time and on-budget. These should comply with Commission policy. A flowchart [link here] outlining all the utility adjustment processes (reimbursable and non-reimbursable relocations, Master Reimbursable Utility Agreements and Project Specific Agreements, etc.) are available in the list of figures at the top of the page. These processes will not always be in combination, but each should be considered with each project.&lt;br /&gt;
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The district utilities staff, in conjunction with the Transportation Project Manager (TPM), is expected to invite and encourage participation of utility owner representatives in MoDOT project meetings as needed.&lt;br /&gt;
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When a project involves utility adjustments for which the Commission is responsible for costs, the TPM should program the costs of the utility adjustments as non-contractual construction costs in the STIP Information Management System (SIMS).&lt;br /&gt;
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==643.2.2 Annual Utility Meeting==&lt;br /&gt;
Each district should hold an annual meeting with utilities to discuss current STIP projects in the district. The annual meeting should be held during each year&#039;s STIP preparations, ideally between January and May. All utility owners that have utility facilities in the district should be invited. The intent is to provide the utility owners with an idea of upcoming projects to allow them the opportunity to plan and budget for potential adjustments of their utility facilities, identify both MoDOT and utility roadblocks, and develop action plans to complete utility adjustments better, faster, and cheaper.&lt;br /&gt;
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==643.2.3 Determination of Existing Utilities==&lt;br /&gt;
District utilities staff should determine the appropriate level of effort needed to accurately identify existing utilities within the footprint of a proposed highway construction project. Aboveground utilities are easily identifiable via field checks; however, determination of the precise location of underground utilities can be more challenging and time consuming. Therefore, the district utilities staff should balance the risk of conflict with the highway construction project against the level of effort needed to determine the location.&lt;br /&gt;
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The level of effort on mapping utilities is dependent on the scope of the project and the potential for utilities having an impact on the construction of the project. The project schedule should include the time to complete this task accurately. The time and effort necessary for having accurate locates requires close interaction with the utility locators. Early contact with utility owner representatives may be necessary to accurately locate underground utility facilities.&lt;br /&gt;
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Various methods of determining existing underground utilities result in different levels of quality. ASCE Standard 38 Standard Guidance for Investigating and Documenting Existing Utilities classifies four levels of quality:&lt;br /&gt;
:1. Quality Level D: QL-D is the most basic level of information for utility locations. It comes solely from existing utility records or verbal recollections, both typically unreliable sources. It may provide an overall &amp;quot;feel&amp;quot; for the congestion of utilities but is often highly limited in terms of comprehensiveness and accuracy. QL-D is useful primarily for project planning and route selection activities.&amp;lt;br&amp;gt;&lt;br /&gt;
: Missouri 811 or “private-locate” markings are to be considered to be QL-D.&lt;br /&gt;
:2. Quality Level C: QL-C is probably the most used level of information. It involves surveying visible utility facilities (e.g., manholes, valve boxes, etc.) and correlating this information with existing utility records (QL-D information). When using this information, it is not unusual to find that many underground utilities have been either omitted or erroneously plotted. Therefore, its usefulness is primarily on rural projects where utilities are not prevalent or are not too expensive to repair or relocate.&lt;br /&gt;
:3. Quality Level B: QL-B involves the application of appropriate surface geophysical methods to determine the existence and horizontal position of virtually all utilities within the project limits. This activity is called &amp;quot;designating&amp;quot;. The information obtained in this manner is surveyed to project control. It addresses problems caused by inaccurate utility records, abandoned or unrecorded utility facilities, and lost references. The proper selection and application of surface geophysical techniques for achieving QL-B data is critical. Information provided by QL-B can enable the accomplishment of preliminary engineering goals. Decisions regarding location of storm drainage systems, footers, foundations, and other design features can be made to avoid conflicts with existing utilities. Slight adjustments in design can produce substantial cost savings by eliminating utility relocations.&lt;br /&gt;
:4. Quality Level A: QL-A, also known as &amp;quot;locating or potholing&amp;quot;, is the highest level of accuracy presently available and involves the full use of the subsurface utility engineering services. It provides information for the precise plan and profile mapping of underground utilities through the nondestructive exposure of underground utilities, and provides the type, size, condition, material, and other characteristics of underground features.&lt;br /&gt;
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For projects with scopes that have potential for utility conflicts, the minimum level of effort required is SUE Quality Level D. Locations of existing utilities are determined by requesting locates through Missouri 811, also known as the “One-Call” process. Missouri 811 locating requests should be carefully considered for the scope of work of the project. When necessary, the location of existing utilities should be established by a field survey of locate markings and features and shown on the roadway plans. Higher level SUE Quality Levels can be used on any project. Adjustment cost savings, whether to the MoDOT or to the utility owner, are beneficial to the taxpayer. Good SUE projects are typically urban in nature, or in congested areas, where the project footprint is to be minimized, or anytime accurate vertical and horizontal location of the utility facility might allow a design to avoid the utility facility thus preventing the need for the adjustment. The SUE process combines civil engineering, surveying, and geophysics. It utilizes several technologies, including vacuum excavation and surface geophysics.&lt;br /&gt;
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When proposed excavation or installation of subsurface features (drainage, equipment bases, etc.) falls within three feet (3’) of a marked Missouri 811 line, soft digging (hand digging, potholing, vacuum methods, pressurized air/water jetting, pneumatic hand tools, etc.) is required to more exactly locate the utility facility both horizontally and vertically. Utility facilities present within the right of way by permit, should be investigated by the utility owner. Utility facilities that would be reimbursable or partially reimbursable as defined in EP 643.2.8 will be investigated by MoDOT.&lt;br /&gt;
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==643.2.4 Conflict Determination==&lt;br /&gt;
Determination of whether a conflict exists between an existing utility facility and a proposed highway improvement project should occur at the earliest possible stage of project development. A conflict may be the result of the physical interaction between the roadway infrastructure and utility facility, a reduction in cover or increase in fill over underground utilities, a reduction in horizontal clearance whether above or below ground, a reduction in overhead vertical clearance, paving over utilities, or restricting a utility owner’s access to its utility facilities. District utilities staff should work with utilities to determine if a conflict exists and the appropriate plan of adjustment to remedy the conflict. The adjustment to the utility may be a relocation or another measure that protects the utility or access to the utility from the proposed highway improvement project. Determination of a conflict needs to be continually re-evaluated as the project design progresses. Continuing coordination is essential.&lt;br /&gt;
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==643.2.5 Utility Plan of Adjustment==&lt;br /&gt;
===643.2.5.1 Request for Plan of Adjustment===&lt;br /&gt;
District utilities staff will request a plan of adjustment from utility owners whose utility facilities are in conflict with a proposed highway project. The plan of adjustment may consist of efforts to relocate the utility or otherwise protect a utility from the impacts of the proposed highway project. Utilities are shown on the roadway plan and profiles sheets that are furnished to utility owners for use in planning required utility adjustments. Any other sheets such as drainage, traffic signal, lighting, or ITS plans that show impacts to a utility facility should also be provided to the utility owners. All adjustments, reimbursable or not, require a plan of adjustment furnished by the utility owner.&lt;br /&gt;
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A transmittal letter is included in the request for a plan of adjustment. The letter informs the utility owner that regardless of whether an adjustment is reimbursable, no physical adjusting or relocating of their utility facilities to accommodate the proposed highway improvement is to be performed without specific approval and authorization. Additionally, if any part of the adjustment has the potential to be reimbursable, they are advised:&lt;br /&gt;
# They may undertake preliminary engineering by their own forces upon approval by district utilities staff of the estimated costs of preliminary engineering.&lt;br /&gt;
# They may employ a consultant to do the PE work provided they request and obtain prior approval. See [[#643.2.6_Preliminary_Engineering_Requirements|EPG 643.2.6 Preliminary Engineering Requirements]].&lt;br /&gt;
# Any preliminary engineering costs accrued prior to the date of written authorization to proceed will not qualify for reimbursement.&lt;br /&gt;
# Replacement right of way or easements cannot be purchased without specific approval and authorization.&lt;br /&gt;
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===643.2.5.2 Proposed Plan of Adjustment===&lt;br /&gt;
Developing a plan of adjustment is a multi-step process. The utility owner will propose a conceptual approach to adjusting the utility facilities to allow highway construction. This conceptual approach is used as the basis for determining cost responsibility, estimate of costs for preliminary engineering and construction, developing the agreement if necessary, and final design of the adjustment. Negotiations between district utility staff and the utility owner’s representative can result in changes to the design throughout the process.&lt;br /&gt;
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Final plans of adjustment must contain a legend on the first sheet identifying the utility symbols used. They must also show the existing utility facilities and their disposition, the location of the new or adjusted utility facilities, the existing and new right of way lines, the limited or fully controlled access symbols (where applicable), the existing and proposed roadways, ramps, and outer roadways and any other pertinent roadway information. They must contain sufficient details concerning location, elevation, compaction, clean up, etc. to provide for the proper adjustment of the utility facility. Relocated and/or existing utility facilities that will remain in place must be dimensioned or indicated in a manner to show their location in respect to the right of way lines. It is preferred that the utility owner transmits the plan of adjustment by electronic deliverables in a format that can be incorporated into the roadway plans. This will reduce the time and effort necessary as well as increase the accuracy of transferring this information into the roadway plans.&lt;br /&gt;
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Plans of adjustment received from the utility owner are to be checked for compliance with MoDOT’s requirements ([[#643.1_Utilities_Location|EPG 643.1 Utility Location]]) by the district utilities staff. They are also checked to ensure compatibility with the roadway design. Any continuing conflicts are resolved through negotiations with the utility owner.&lt;br /&gt;
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Occasionally, it is impractical to perform a utility adjustment in accordance with MoDOT’s requirements. Sometimes the utility may request approval of a plan of adjustment that does not conform to these requirements. Deviation from MoDOT’s utility requirements is a variance. Refer to [[#643.1.8_Variances|643.1.8 Variance Process]] for additional guidance.&lt;br /&gt;
The final plan of adjustment is included as Exhibit “A” to the agreement ([[#643.2.12_Utility_Agreements|EPG 643.2.12 Agreements]]).&lt;br /&gt;
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==643.2.6 Preliminary Engineering Requirements==&lt;br /&gt;
Preliminary engineering (PE) can be performed one of four ways for utility adjustments:&lt;br /&gt;
# The utility owner can use its own engineering forces.&lt;br /&gt;
# MoDOT can select an engineering consultant, after consultation with the utility owner, and the consultant contract will be administered by MoDOT.&lt;br /&gt;
# The utility owner can select an engineering consultant, with approval by MoDOT, and the consultant contract will be administered by the utility owner.&lt;br /&gt;
# If a utility adjustment is being included in a MoDOT administered construction contract, the preliminary engineering of the adjustment can be provided by MoDOT.&lt;br /&gt;
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For reimbursable utility adjustments, the amount paid to engineers, architects, and others for required engineering and allied services can be included in reimbursement amount provided such amounts are not based on a percentage of the costs of the necessary adjustments to allow highway construction. Reimbursement is available for contracts executed after solicitation of a consultant for the specific adjustment or existing continuing contracts when it is demonstrated that such work is performed regularly for the utility owner in its own work and that the costs are reasonable.&lt;br /&gt;
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A [https://epg.modot.org/forms/general_files/DE/UtilityConsultantContractChecklist.docx checklist is available for reviewing consultant-engineering contracts] to ensure the contract conforms to MoDOT policy and complies with applicable federal regulations. District utilities staff should use the checklist to review contracts and may consult with Audits and Investigations Division as necessary. The procedures in 23 CFR part 172, Administration of Engineering and Design Related Service Contracts may be used as a guide for reviewing proposed consultant contracts. [[:LPA:136.4_Consultant_Selection_and_Consultant_Contract_Management|EPG 136.4 Consultant Selection and Consultant Contract Management]] may also be used as a guide.&lt;br /&gt;
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===643.2.6.1 Solicited Consultant Contracts===&lt;br /&gt;
If solicitation of PE services is required for reimbursable utility adjustments, the utility owner must provide the following documents and information to district utilities staff. These documents need to be provided as soon as the utility owner has chosen to solicit a consultant. Document 1 must be supplied by all utility owners. Documents 2 and 3 are only required when the utility owner is a local government agency who is also a political subdivision of the state of Missouri (e.g., city-owned utilities, county-owned utilities). All other utility owners are encouraged, but not required, to provide Documents 2 and 3:&lt;br /&gt;
# A statement that the utility owner is not staffed or able to perform the required PE services with its own forces.&lt;br /&gt;
# Provide the names of at least three (3) consultants considered.&lt;br /&gt;
# The criteria used to evaluate each consultant and reasons why the selected consultant was selected.&lt;br /&gt;
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The following documents need to be provided as soon as the utility owner has successfully negotiated and entered into a contract with the consultant:&lt;br /&gt;
# The name and address of the selected consultant.&lt;br /&gt;
# A statement that the &amp;quot;[https://epg.modot.org/forms/general_files/DE/CertificationOfConsultant.docx Certification of Consultant]&amp;quot; will be furnished immediately upon award of the contract to the consultant.&lt;br /&gt;
# One executed copy of the proposed engineering contract or agreement between the utility owner and consultant, only if the engineering will exceed $5,000.00.&lt;br /&gt;
# The consultant&#039;s fixed (lump sum) or estimated fee (actual cost) and the contract maximum.&lt;br /&gt;
# A cost summary providing a detailed breakdown of the basis for the consultant&#039;s compensation, including estimated labor hours, hourly rates for each classification, overhead rate (if used), the amount of profit charged, and any other estimated charges such as travel expenses, equipment rentals, etc. If an overhead rate is used, the consultant must also submit the supporting overhead rate calculations.&lt;br /&gt;
# An independent cost estimate of engineering services provided by the utility owner to use in comparison to the consultant’s proposed engineering services to check for cost reasonableness.&lt;br /&gt;
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===643.2.6.2 Continuing Consultant Contracts===&lt;br /&gt;
When a utility owner chooses to use an existing continuing contract for PE services, the utility owner must provide the following documents and information to the district utilities staff as soon as possible.&lt;br /&gt;
# A statement that the utility owner is not staffed or able to perform the engineering with its own forces.&lt;br /&gt;
# The name and address of the consultant under the existing continuing contract.&lt;br /&gt;
# A statement that the &amp;quot;[https://epg.modot.org/forms/general_files/DE/CertificationOfConsultant.docx Certification of Consultant&amp;quot;&amp;quot; will be furnished.&lt;br /&gt;
# A copy of the continuing contract to the district utilities staff. The district utilities staff will review the contract for reasonableness of cost.&lt;br /&gt;
# The consultant&#039;s fixed (lump sum) or estimated fee (actual cost) and the contract maximum for the work associated with the utility adjustment.&lt;br /&gt;
# A cost summary providing a detailed breakdown of the basis for the consultant&#039;s compensation, including estimated labor hours, hourly rates for each classification, overhead rate (if used), the amount of profit charged, and any other estimated charges such as travel expenses, telephone, etc. If an overhead rate is used, the consultant must also submit the supporting overhead rate calculations.&lt;br /&gt;
# An independent cost estimate of engineering services provided by the utility owner to use in comparison to the consultant’s proposed engineering services to check for cost reasonableness.&lt;br /&gt;
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===643.2.6.3 Consultant Contract Changes===&lt;br /&gt;
If a PE services contract between a utility owner and a consultant needs to be revised, a copy of the revised contract, fee, and schedule should be submitted by the utility owner to the district utilities staff prior to allowing for contract changes. District utilities staff should review the contract changes to ensure the revised contract conforms to MoDOT policy and complies with applicable federal regulations.&lt;br /&gt;
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==643.2.7 Environmental and Right of Way==&lt;br /&gt;
===643.2.7.1 Utilities and Environmental Clearances===&lt;br /&gt;
District utilities staff should coordinate with the TPM and utility owner’s representative to understand and communicate on known environmental and cultural constraints that could impact a utility owner’s plan of adjustment. This will allow the utility owner to consider permitting timelines and alternatives that avoid environmental or cultural resources to keep the project on schedule.&lt;br /&gt;
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One strategy to make project delivery more efficient and ensure regulatory compliance is for MoDOT to obtain the environmental and cultural resource permits and clearances for the utility owners associated with a roadway improvement while obtaining its own. This would generally only be for the permits and regulatory clearances MoDOT already needs to pursue as a part of the transportation improvement.&lt;br /&gt;
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District utilities staff should coordinate with the utility owner’s representative early in the project timeline to determine if it is in the best interest of both MoDOT and the utility owner to obtain permits and environmental clearances jointly. The following strategies can be utilized to determine if a joint approach to environmental work should be pursued:&lt;br /&gt;
* If utility facilities are moving to a location within or immediately adjacent to MoDOT right of way, a utility owner may be invited to participate in permitting and environmental compliance activities.&lt;br /&gt;
* If utilities move to a location not within or adjacent to MoDOT right of way, the utility company would not normally be invited to participate in permit applications and environmental compliance activities. However, some unique projects may necessitate further attention and should be discussed with the Design Liaison Engineer.&lt;br /&gt;
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If MoDOT and the utility owner agree to obtain joint permits and clearances, written communication between the utility owner’s representative and the district utilities staff should document the following items:&lt;br /&gt;
* List of the permits and clearances that MoDOT will acquire on behalf of the utility owner.&lt;br /&gt;
* List of the information needed from the utility owner in order for MoDOT to acquire the permits and clearances.&lt;br /&gt;
* Schedule and deadlines for submittal of the information by the utility owner. For example: utility plans, fill quantities, construction methods, dates, or seasons of construction.&lt;br /&gt;
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Permits and clearances that may be needed by both a utility owner and MoDOT include:&lt;br /&gt;
* [[127.7_Threatened_and_Endangered_Species|Endangered Species Act consultation and clearance]]&lt;br /&gt;
* [[127.2_Historic_Preservation_and_Cultural_Resources#127.2.1.1_Historic_Preservation_Regulations_and_Laws|Section 106 of the National Historic Preservation Act clearance]]&lt;br /&gt;
* [[127.10_Section_4(f)_Public_Lands|Section 4(f) clearance]]&lt;br /&gt;
* [[127.10_Section_4(f)_Public_Lands#127.10.1.4_Section_6(f)_Laws_and_Regulations|Section 6(f) of the Land and Water Conservation Fund Act clearance]]&lt;br /&gt;
* [[127.4_Wetlands_and_Streams|Section 401 and Section 404 of the Clean Water Act permits]]&lt;br /&gt;
* [[:Category:806_Pollution,_Erosion_and_Sediment_Control#806.1_Introduction_(see_Sec._806)|Section 402 of the Clean Water Act permit (State Operating Permit for Erosion Control)]]&lt;br /&gt;
* [[127.8_Hazardous_and_Solid_Waste|Recommendations on contaminated soil disposition]]&lt;br /&gt;
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===643.2.7.2 Right of Way Acquisition and Utilities===&lt;br /&gt;
The Commission is obligated to acquire the width of right of way required by the design of the highway improvement. For utility facilities currently located within the Commission’s right of way, this includes the necessary space for the utility facilities impacted by the design of the highway improvement. Either additional right of way width to accommodate a utility corridor or a utility easement can be obtained for the relocation of utility facilities. When drainage easements are acquired along a channel, additional space for utility facilities should be considered to avoid conflicts between the utility facility and the bridge or culvert.&lt;br /&gt;
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District utilities staff should inform the utility owner’s representative of the potential of a conflict between an existing utility facility and a proposed highway construction project early in the project development process to allow sufficient time for the utility owner to prepare a plan of adjustment and notify the district utilities staff of any easement needs. When utility facilities are located on a utility owner’s private easement, the utility owner may obtain its own new easements. If the utility owner is not in a position to negotiate for new easements or if the utility owner’s policies will not permit it to condemn property to obtain the easement, MoDOT can acquire the easement in the same manner roadway right of way is obtained. The district utilities staff should verify the utility owner is aware of the opportunity to have MoDOT acquire the easement, and the utility owner should provide written documentation on whether the utility owner would like to pursue this option with MoDOT.&lt;br /&gt;
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For situations where the utility owner will obtain its own replacement right of way and the cost of the adjustment is MoDOT’s responsibility, the utility right of way cost should be reviewed by the district right of way department to ensure the cost is reasonable and acquisition followed state and federal regulations. In order to expedite utility adjustments necessary to allow highway construction, the district utility staff may authorize the utility owner to obtain easements prior to all details of a plan of adjustment being developed. In this situation, the district utilities staff should ensure enough details are known to justify the needed right of way, and an agreement for right of way costs only should be executed with the utility owner.&lt;br /&gt;
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For situations where MoDOT will obtain the right of way necessary to allow highway construction, district utility staff should negotiate with the utility owner’s representative to ensure all necessary utility easements are shown on the approved right of way plans. The TPM should confirm with district utilities staff that the right of way plans accurately reflect the needs of the utility owners prior to requesting right of way plan approval. The district Right of Way Manager should confirm with district utilities staff before requesting an acquisition date (A-date). Every effort should be made to avoid adding utility easement requests once negotiations with property owners have begun.&lt;br /&gt;
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Occasionally, when negotiations cannot be completed for easements for the adjustment of utility facilities, it may be necessary to condemn for the property. District utilities staff should coordinate with the utility owner’s representative to ensure no alternate design for the adjustment of the utility facility is practical. The decision to condemn for easements for the adjustment of the utility facilities requires the exercise of good judgment in reaching the conclusion that further good faith negotiations are futile and condemnation is necessary to maintain the project in the scheduled letting. The TPM should coordinate with the district utilities staff and district Right of Way (RW) personnel on the condemnation proceedings.&lt;br /&gt;
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Easement and other right of way documents used with utility owners are handled in accordance with procedures established jointly with RW and district utilities staff. District survey staff prepare the land descriptions for use in utility easements. The district utilities staff is responsible for completion of the easements in the correct form and scope. A sketch delineating the area described is attached to the easement as Exhibit “A”. Communication with the Design Division will ensure use of proper forms, corporate names and locations, and particular wording required for joint ownerships. The description for a utility easement is to be referenced to the nearest land corner shown on the plans. Examples of easements can be found in the template list in [https://netprod3.dot.missouri/eAgreements/Search/QuickSearch eAgreements].&lt;br /&gt;
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In situations where MoDOT is acquiring right of way with existing utility easements, but the district utilities staff and the utility owner’s representative agree that the utility facility may remain in place, the utility owner will release the property to the Commission separate from the right of way acquisition. This is done by executing an Easement for Highway Construction (UT16). The utility owner grants and conveys, with warranty of title expressed or implied, to the Commission, the right to construct, reconstruct, and maintain a highway over and across that portion of the easement owned and held by the utility owner. In the future, the utility owner retains any reimbursable rights should future projects require adjustments to allow highway construction.&lt;br /&gt;
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==643.2.8 Cost Responsibility==&lt;br /&gt;
In addition to determining if a conflict exists between an existing utility facility and a highway improvement project, it is important to determine who is responsible for the costs of the necessary adjustments to allow highway construction. An adjustment for which the Commission is responsible for the costs is known as a reimbursable adjustment. An adjustment for which the Commission is not responsible for the costs is known as a non-reimbursable adjustment. An adjustment for which the Commission and the utility share responsibility for costs is known as a partially reimbursable adjustment. Adjustments determined to be reimbursable or partially reimbursable by the Commission are to be completed under the terms of an agreement executed between the utility owner and the Commission.&lt;br /&gt;
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===643.2.8.1 Commission Responsibility===&lt;br /&gt;
====643.2.8.1.1 Utility Facilities Located on Private Easements====&lt;br /&gt;
When the utility facility is located on a private easement within the new right of way to be acquired for a future project, the Commission is responsible for the cost of the necessary adjustments to allow highway construction. It may be possible that such easement does not have written easement rights. The Commission will honor this oral right provided acceptable documentation is provided by the utility owner to the district utilities staff. An [https://epg.modot.org/forms/general_files/DE/NonwrittenEasementRights_Example.docx example of acceptable documentation for not written easement rights] is available. Other forms of documentation will be considered on an individual basis.&lt;br /&gt;
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=====643.2.8.1.1.1 Future Moves=====&lt;br /&gt;
When the utility facility is located on a private easement, taken into the Commission’s right of way, the Commission may agree that any future moves of the same utility by Commission order may be made at the Commission’s cost. Documentation of this agreement is by an Easement for Highway Construction (UT16) agreement. If the Commission provides a substitute private easement, then the Commission will have future obligations consistent with the utility facility’s status in an easement.&lt;br /&gt;
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====643.2.8.1.2 Utility Facilities Located within Commission Right of Way====&lt;br /&gt;
When the utility facility is located within Commission right of way, but has prior land rights, the Commission is responsible for the cost of adjustments to allow highway construction. The utility owner is responsible for documenting to the satisfaction of the district utilities staff, the basis for the claim of prior land rights within Commission right of way. Time spent researching prior rights is considered coordination and is reimbursable.&lt;br /&gt;
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====643.2.8.1.3 City or County Utility Facilities on City or County Streets====&lt;br /&gt;
When roadway improvements are within the corporate limits of cities, towns, and villages, a municipal agreement is negotiated between the Commission and the municipality. Likewise, when roadway improvements are within the limits of a county and outside the municipal limits, a county agreement is negotiated between the Commission and the County Commission. Included in these agreements are provisions regarding reimbursement for adjusting city or county owned utility facilities. Reimbursement is provided for adjustment of city or county owned utility facilities that are now located on city or county streets and not on Commission right of way.&lt;br /&gt;
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====643.2.8.1.4 Lumen====&lt;br /&gt;
Lumen – National (formerly CenturyLink, Lightcore, or Digital Telephone, Inc. (DTI)) and the Commission have entered into a partnership agreement, “Amended and Restated Fiber Optic Cable on Freeways in Missouri,” executed June 5, 2003 which obligates the Commission to be responsible for the cost of the necessary adjustments to allow highway construction along the routes identified in the agreement. A copy of the agreement is available to district utilities staff.&lt;br /&gt;
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====643.2.8.1.5 Services to the Commission====&lt;br /&gt;
When a utility facility provides a service connection to local Commission facilities such as power to traffic signals, lighting, ITS, and cathodic protection and phone drops to traffic signal controllers or other Commission facilities, the Commission is responsible for the cost of the necessary adjustments to allow highway construction.&lt;br /&gt;
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====643.2.8.1.6 Private Service Lines====&lt;br /&gt;
While most utility owners reconnect the private service lines at no cost to the property owner, some do not. If a utility owner does not reconnect service lines, MoDOT can include adjustment of private service lines in roadway contracts. Bid items for relocating service connections are provided for the different types of anticipated adjustments.&lt;br /&gt;
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====643.2.8.1.7 Second Moves====&lt;br /&gt;
If the Commission requires additional work to a utility facility after the facility has been relocated or adjusted in accordance with a plan of adjustment approved by the Commission for a single project number, the Commission is responsible for the cost of the additional work regardless of whether the initial adjustment was Commission responsibility as outlined in other parts of [[#643.2.8.1_Commission_Responsibility 643.2.8.1]].&lt;br /&gt;
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The purpose of the policy is to encourage utilities to relocate early rather than waiting until plans are published for bidding. The policy eliminates the utility having to relocate twice at its own expense because of late changes in the design. It is best to have utilities relocated prior to construction, and this policy helps achieve that goal. Therefore, it is imperative that the designer notifies district utilities staff as soon as possible of any changes made after these plans have been sent. If notified immediately, it may be possible to inform the utility owner prior to their final design thereby eliminating a second move.&lt;br /&gt;
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Under this policy, the following are not considered second moves. Temporary and staged relocations necessary to accommodate construction and agreed upon by the utility and the Commission prior to relocation are considered a single move and are not subject to the provisions of the second move policy. If the Commission requires adjustment of a utility facility for which the utility owner is responsible for the cost of the adjustment and was originally determined to not need adjustment, the utility owner is responsible for the cost of the adjustment. The utility owner is responsible for the cost of additional work to any portion of the utility facility after the utility facility has been adjusted in accordance with a plan of adjustment approved by the Commission if the additional work is required by the Commission due to error by the utility owner in preparation of plan of adjustment, field location of, or construction of the adjustment of the utility facility.&lt;br /&gt;
&lt;br /&gt;
When evaluating construction contract changes by change order or value engineering, the impacts of the second move policy should be considered.&lt;br /&gt;
&lt;br /&gt;
===643.2.8.2 Utility Owner Responsibility===&lt;br /&gt;
====643.2.8.2.1 Utility Facilities Owned and Operated by a Political Subdivision====&lt;br /&gt;
When a utility facility is located within Commission right of way, but does not have prior land rights, the utility owner is responsible for the cost of the necessary adjustments to allow highway construction. When a utility facility is located on public right of way other than Commission right of way, the utility owner is responsible for the cost of the necessary adjustments to allow highway construction.&lt;br /&gt;
&lt;br /&gt;
When a political subdivision must bear part or all the cost of adjustments to their utility facilities, and the cost creates a financial hardship, the Commission, by its authorized representative, the Chief Engineer, may temporarily assume these costs. A payback agreement with the political subdivision will include an applicable interest rate for a comparable maturity from a widely published index of tax-exempt municipal rates obtained from Financial Services. Payback time will not exceed five (5) years.&lt;br /&gt;
&lt;br /&gt;
====643.2.8.2.2 Utility Facilities Other Than Those Owned by a Political Subdivision====&lt;br /&gt;
When a utility facility is on the right of way of a public road or street or on state highway right of way without prior land rights and adjustment is necessary to allow for the construction of a roadway improvement, the utility owner is responsible for the cost of the necessary adjustments to allow highway construction.&lt;br /&gt;
&lt;br /&gt;
===643.2.8.3 Shared Responsibility===&lt;br /&gt;
When a utility facility is located such that portions of it are a Commission responsibility and portions of it are a utility owner responsibility by the definitions above, the costs of the necessary adjustments to allow highway construction will be split by the Commission and the utility owner. If the exact cost for each party can be determined, each party will be responsible for their portion of the cost of relocating the utility facility. If the exact cost for each party cannot be determined, the parties will arrive at a percentage reimbursement on an equitable basis.&lt;br /&gt;
&lt;br /&gt;
===643.2.8.4 Notice of Hearing===&lt;br /&gt;
When relocation or other difficulties with utility facilities on public right of way arise that prevent resolution by negotiation, formal hearings will be required.&lt;br /&gt;
&lt;br /&gt;
The district initiates a request for a utility relocation hearing with a letter to the Chief Counsel’s Office (CCO) (a copy is provided to the Design Division) requesting a hearing date. CCO will arrange for a hearing room, court reporter, etc. and advise the district of the hearing date.&lt;br /&gt;
&lt;br /&gt;
The district will prepare the notice of hearing by strictly following the given format and serve the notice on all persons and utility owners listed. The property and utility owner must be served only by personal service or by mailing a certified letter, return receipt requested, no later than 15 days before the date of hearing. This will require the district to make every effort to identify the correct property owner before preparing the notice of hearing. To avoid delays, every attempt will be made to issue the hearing notice at least 30 days prior to the hearing date in case any property has changed ownership and any additional property owners must be served. A notice of hearing on service line connections will also be served on the private or public owner of the main or distribution line to which the service lines are connected. A notarized &amp;quot;Report of Personal Service&amp;quot; will be completed when notification by certified mail is not used.&lt;br /&gt;
&lt;br /&gt;
One copy of the hearing notice and attachments, &amp;quot;Report of Personal Service&amp;quot; and certified mail notices are to be submitted to CCO after notification is complete.&lt;br /&gt;
&lt;br /&gt;
Prior to the hearing, the district&#039;s representative will become familiar with the details of the utility adjustment in order to provide concise testimony to expedite the hearing process. CCO will assign an attorney to work with the district and present the case.&lt;br /&gt;
&lt;br /&gt;
Refer to 7 CSR 10-3.030 020 Utility Relocation Hearings for additional information.&lt;br /&gt;
&lt;br /&gt;
A Waiver of Hearing should be obtained for non-reimbursable adjustments to document the commitment of the utility owner to adjust its utility facilities without adversely impacting the highway construction project. This may be accomplished informally via written communications between the district utilities staff and the utility owner’s representative. A formal Waiver of Hearing statement may be requested by either MoDOT or the utility owner. A sample transmittal letter for the Waiver of Hearing is available. For reimbursable or partially reimbursable adjustments, the formal agreement serves as the basis of documentation of this commitment.&lt;br /&gt;
&lt;br /&gt;
==643.2.9 Estimates==&lt;br /&gt;
District utilities staff will negotiate with utility owners to determine reimbursable costs of the necessary adjustments to allow highway construction (EPG 643.2.8 Cost Responsibility). These estimates are prepared in accordance with the provisions of 23 CFR 645 and any amendment thereto. These estimates must reflect the same procedures and costs used by the utility owners in their normal operations and must also accurately represent the expected costs of the work. The utility owner’s estimate will be reviewed by the district utilities staff to ensure compliance with 23 CFR 645.&lt;br /&gt;
&lt;br /&gt;
===643.2.9.1 Independent Cost Estimate===&lt;br /&gt;
The independent cost estimate provides the basis for district utilities staff to review the utility owner’s estimate of costs of the necessary utility adjustments to allow highway construction and any subsequent negotiations with the utility owner. The district utilities staff should prepare an independent cost estimate. The independent cost estimate may be based on unit prices of anticipated items of work in a utility adjustment necessary to allow highway construction. The independent cost estimate alternately may be based on recent similar types of utility adjustments necessary to allow highway construction and scaled for size. Consultants can be used to develop the independent cost estimate. All documentation of the independent cost estimate should be placed in MoProjects.&lt;br /&gt;
&lt;br /&gt;
===643.2.9.2 Type of Project Cost Estimates===&lt;br /&gt;
Either Actual Cost or Lump Sum estimates may be used for estimating the costs on the necessary utility adjustments to allow highway construction. If an Actual Cost estimate is used, detailed records of materials, labor, and equipment are made by district utilities and/or construction staff during construction, and a final audit of the utility owner’s cost records is made to determine the Commission’s actual responsibility for costs of the adjustment completed to allow highway construction. If a Lump Sum estimate is used, a final audit of costs for an adjustment in payment is not required. The Actual Cost method requires more detailed record keeping and documentation by the utility owner and district staff during construction. The Lump Sum method requires more upfront detail and work by the utility owner and judgment on the district utilities staff on the acceptability of the cost. The district utilities staff will work with the utility owner’s representative to determine the best type of estimate and therefore agreement to use.&lt;br /&gt;
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====643.2.9.2.1 Actual Cost Estimate====&lt;br /&gt;
The cost estimate that supports the actual cost agreement is prepared in sufficient detail to determine the reasonable expected cost of the work to support development of an agreement between the utility owner and the Commission. However, reimbursement is based on the actual costs of design and construction of the necessary adjustment to allow highway construction. The actual cost estimate should detail all costs of the necessary adjustment to allow highway construction, even if the Commission is only responsible for a portion of the costs as detailed in EPG 643.2.8.3 Shared Responsibility.&lt;br /&gt;
&lt;br /&gt;
Actual cost estimates can be used for any dollar amount of reimbursement.&lt;br /&gt;
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====643.2.9.2.2 Lump Sum Estimates====&lt;br /&gt;
The cost estimate that supports the lump sum agreement must be accurate, comprehensive, verifiable, and in sufficient detail to present a clear picture of the work involved and the cost of the individual items. The estimate may cover only that portion of the adjustment for which the Commission is responsible for the costs of the necessary utility adjustments to allow highway construction.&lt;br /&gt;
Lump sum estimates are limited to a maximum of $200,000 of Commission responsibility of costs of the necessary utility adjustments to allow highway construction; however, exceptions may be made for special situations that have prior approval from Design Division. These exceptions usually cover major relocations for which the Commission&#039;s proportionate responsibility is extremely small.&lt;br /&gt;
&lt;br /&gt;
===643.2.9.3 Utility Cost Estimate Requirements===&lt;br /&gt;
Whether using an Actual Cost or Lump Sum estimate, the following should be included in the estimate, if applicable. If any of the following sections are not included in the estimate, a qualifying statement as to why the costs were not included should be provided.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.1 Scope of Work====&lt;br /&gt;
All estimates require a concise summary of the work to be performed on the estimate. An example is &amp;quot;an estimate of cost covering the work of relocating Company&#039;s 12-inch Cushing-Woodriver pipeline to accommodate construction of Route 47 in Franklin County on Job No. J6P0172&amp;quot;.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.2 Engineering Costs====&lt;br /&gt;
Costs of engineering, whether preliminary or construction, must be shown as separate items and are not to be included with &amp;quot;labor costs&amp;quot;. Concurrent cost accounting procedures of FHWA and MoDOT make this a necessity. See EPG 643.2.6 Preliminary Engineering and EPG 643.2.16.2 Construction Contract Requirements for further information.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.3 Right of Way Costs====&lt;br /&gt;
A detailed estimate of the cost to acquire replacement easements by the utility owner is required. The cost should be supported by a right of way plan.&lt;br /&gt;
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====643.2.9.3.4 Material Costs====&lt;br /&gt;
Quantities, description of the item, the unit cost, and the extended totals are shown. Percentage computations will be shown immediately following &amp;quot;total cost&amp;quot; so the utility owner’s and Commission&#039;s cost obligations are properly indicated. Unit assembly costs similar to those used by several of the rural electric association (R.E.A.) cooperatives are acceptable, provided the same units and charges are used in the utility owner’s regular operations. A handling charge conforming with the utility owner’s regular procedures may also be included.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.5 Labor Costs====&lt;br /&gt;
Hours, individual or crew rates, and extended totals are shown. Payroll additives such as insurance, retirement, social security, vacation, and other benefits are shown as a separate item under this heading in accordance with utility owner’s regular procedures. Adequate explanation must be given for total percentage used, especially in those cases where materials and labor are combined as unit costs or where labor percentages include additives and equipment requirements.&lt;br /&gt;
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====643.2.9.3.6 Equipment Costs====&lt;br /&gt;
A description of the equipment to be used must be shown jointly with the number of hours to be charged. Rates charged for equipment usage must be justified by the utility owner’s established accounting procedures. When the utility owner does not have an established accounting procedure or a capitalization and depreciation schedule that is used in its own operations, the rates are to be established by using rental rate publications as a guide. A reasonable amount will be deducted, when using rental rate schedules, for profit that the rental company realizes. A full explanation of the methods used in establishing the rates must also be submitted to support the utility owner’s request and with approval of the district utilities staff.&lt;br /&gt;
&lt;br /&gt;
Equipment may be rented when the utility owner’s equipment is not available or is inadequate, with the rental rate justified by appropriate solicitation of bids. See EPG 643.16.2 Construction Contract Requirements for further information.&lt;br /&gt;
&lt;br /&gt;
Unusual accounting procedures may be accepted with adequate prior explanations and approval of the Design Division.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.7 Removal Costs====&lt;br /&gt;
These costs are estimated and shown in a similar method but separately from installation costs. When removal costs exceed salvage credits by more than the estimated cost of removal by the roadway contractor, an effort should be made to persuade the utility owner to abandon the utility facilities in place. An exception is made when the utility owner is required to remove abandoned utility facilities because of liability, hazard, or by specific agreement with the Commission. Abandoned utility facilities can be included with the miscellaneous removals in the roadway contract. It may be possible for the utility owner to remove those portions of the utility facility for which credits will exceed removal costs, with the remainder of the utility facility to be abandoned for removal in the roadway contract. Materials removed must be itemized, with the utility owner’s customary salvage credit given. Items to be scrapped or junked should be indicated. Whenever a utility facility or portion thereof is shown to be abandoned on the plan of adjustment, the roadway plans should be notated accordingly. This eliminates ownership problems if these utility facilities are removed or salvaged by the roadway contractor.&lt;br /&gt;
&lt;br /&gt;
When the utility facility is no longer needed and removal is necessary to accommodate the roadway project, the removal of the item may be handled either as a right-of way-item or a utility adjustment. When handled as a right of way item, the damages allowed are to equal the depreciated value of the utility facility, with the necessary removals being accomplished by the roadway contractor. If accomplished as a utility adjustment, the Commission, by utility agreement, will reimburse the utility owner for removal costs and receive salvage credit for the material removed, up to but not exceeding removal costs.&lt;br /&gt;
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====643.2.9.3.8 Salvage of Removed Materials====&lt;br /&gt;
This statement, to explain the salvage credit or lack of credit, will reflect routine utility owner policy as well as the particular situation. The utility owner will place a value on any recovered material for salvage. District utilities staff should check this value for reasonableness. Examples of salvage statements include:&lt;br /&gt;
* Existing utility facilities to be abandoned in place, since the cost of salvaging, based on our past experience, will exceed their value.&lt;br /&gt;
* Only those items will be salvaged for which salvage credit will exceed the cost of removal and salvage.&lt;br /&gt;
* Company liability requires removal of the retired utility facilities, even though the cost of removal will exceed allowable credit for salvage.&lt;br /&gt;
* Salvage credits are in accordance with established company accounting procedures.&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.9 Accrued Depreciation Credits====&lt;br /&gt;
Credit is required for the accrued depreciation of a utility facility that is being replaced. Examples are a building, structure, pumping station, filtration plant, power plant, substation, or other similar operational unit. Credit for accrued depreciation will not be required for a segment of the utility&#039;s service, distribution, or transmission lines. It is also not required when the building or structure is being moved as necessitated by the highway project. Acceptable accrued depreciation credit will be determined by using the following formula:&lt;br /&gt;
&amp;lt;math&amp;gt;\frac{\text{Actual Length of Service of Replaced Facility (Years)}}{\text{Total Estimated Service Life of Replaced Facility (Years)}} x&amp;lt;/math&amp;gt;&amp;lt;span style=&amp;quot;font-family: &#039;Times New Roman&#039;, Times, serif; font-size: 130%;&amp;quot;&amp;gt; Original Cost ($) = Credit ($)&amp;lt;/span&amp;gt;&lt;br /&gt;
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====643.2.9.3.10 Betterment Credits====&lt;br /&gt;
Betterment means the upgrading of the utility facility being relocated, made solely for the benefit of and at the election of the utility owner and is not attributable to the roadway improvement. Credit to the Commission is required for the additional costs incurred for the betterments introduced in the adjusted utility facility. No betterment credit is required for additions or improvements which are:&lt;br /&gt;
* Required by the highway project&lt;br /&gt;
* Replacement devices or materials that are of equivalent standards although not identical&lt;br /&gt;
* Replacement of devices or materials no longer regularly manufactured with next highest grade or size&lt;br /&gt;
* Required by law under governmental and appropriate regulatory commission code&lt;br /&gt;
* Required by current design practices regularly followed by the utility owner in its own work, and there is a direct benefit to the highway project&lt;br /&gt;
&lt;br /&gt;
====643.2.9.3.11 Overhead Costs====&lt;br /&gt;
Overhead costs are usually a percentage of the total labor cost. This item must be in accordance with the utility owner’s established accounting procedures, which in some cases may include handling costs or be a percentage of the total cost of the work involved. Additional attention to overhead costs is required when the rate is different from previously accepted rates. Occasionally, it can be difficult to obtain the necessary information at the time of the estimate to approve the overhead rates. In this situation, the estimate can be approved with exception of the overhead rates for payment. The utility owner is informed of this matter with the understanding that the overhead rates could be approved and paid with submission of appropriate supporting data and Financial Services audit review.&lt;br /&gt;
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====643.2.9.3.12 Prorating Costs====&lt;br /&gt;
The need for prorating utility adjustment costs occurs when both the Commission and the utility owner are responsible for a portion of the utility adjustment necessary to allow for highway construction, and the actual costs for reimbursement in each category cannot be explicitly determined. Generally, the following conditions require division of costs:&lt;br /&gt;
* The adjustment is considered partially reimbursable per EPG 643.2.8.3&lt;br /&gt;
* Betterments are included in the necessary adjustment of the utility facility&lt;br /&gt;
&lt;br /&gt;
The district utilities staff should negotiate with the utility owner’s representative to determine an equitable basis for the prorating of costs based on the characteristics of the utility adjustment necessary to allow for highway construction.&lt;br /&gt;
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====643.2.9.3.13 Costs Records====&lt;br /&gt;
The estimate should include a statement as to where the utility owner’s cost records may be reviewed. An example: &amp;quot;Company cost records will be available in our office at 2134 Industrial Avenue, Tulsa, Oklahoma&amp;quot;.&lt;br /&gt;
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====643.2.9.3.14 Other====&lt;br /&gt;
Additional statements will explain or further clarify the work that is included. Such other items may include bypasses, special equipment, need for larger utility facilities, etc.&lt;br /&gt;
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==643.2.10 Schedule==&lt;br /&gt;
Timely adjustments of utility facilities are essential for efficient completion of highway construction projects. Ideally, all utility adjustments are completed prior to a project’s Plans, Specifications, and Estimate (PS&amp;amp;E) submittal to Central Office. Depending on the specifics of the highway construction and utility adjustment necessary, early completion of the utility adjustment may not be practical. The district utilities staff should negotiate with the utility owner to determine the schedule parameters necessary for the utility adjustment. At a minimum, the utility owner should document the dates it anticipates starting and completing the work. If a utility adjustment depends upon the completion of a portion of the highway construction, the necessary milestone for starting the utility adjustment should be documented along with an anticipated number of working days to complete the utility adjustment. The schedule is included as Exhibit “C” to the agreement.&lt;br /&gt;
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==643.2.11 Pre-Audits==&lt;br /&gt;
The district utility staff performs a pre-audit review and approval prior to preparation of the agreement. A pre-audit checklist should be completed and saved in MoProjects.&lt;br /&gt;
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==643.2.12 Utility Agreements==&lt;br /&gt;
Whenever the Commission is responsible for the cost of the necessary adjustments to allow highway construction, an agreement is required. If a Master Reimbursable Utility Agreement (see EPG 643.2.12.2) has not been executed with the utility owner, a Project Specific Agreement (see EPG 643.2.12.3) is executed between the utility owner and the Commission. In some cases, it may be more practical for the Commission to include adjustment of utilities into a Commission administered contract. A Utility Agreement - Actual Cost (For Utility Work That is to be Included in the Missouri Highways and Transportation Commission&#039;s Road Project) (see EPG 643.2.12.4). Agreements include a plan of adjustment (Exhibit “A”), cost estimate (Exhibit “B”), and schedule (Exhibit “C”).&lt;br /&gt;
&lt;br /&gt;
The Utility Agreement boilerplate forms have been approved by the Chief Counsel’s Office (CCO). They are identified in the upper left-hand corner of each agreement by an identifier such as CCO Form: UT01 for the Master Reimbursable Utility Agreement. CCO updates these agreements as necessary. They serve as a guide in the preparation of the agreement to be executed with the utility owner for the adjustments required to their utility facilities to accommodate the proposed roadway improvement project. District utilities staff should use the latest version of the agreement found in eAgreements in drafting an agreement with utility owners. A list of utility agreements and detailed information concerning the sequence for preparing and executing an agreement is available in EPG 153 Agreements and Contracts.&lt;br /&gt;
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These forms are to be used word for word. Revisions or additions are only made to address specific project details. The intent of each paragraph must be retained, although specific words may be revised to fit the particular situation. No paragraphs are deleted without prior approval from CCO. For guidance on acceptance of liability, refer to the Acceptance of Liability Policy at the CCO SharePoint page. Drafts of agreements having major revisions or complications are to be submitted, with supporting data, to Design Division for comment and approval.&lt;br /&gt;
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A reference to 23 CFR 645 is included in all agreements. Utility owners must be acquainted with these requirements and procedures. The incorporation of 23 CFR 645 by reference in all agreements eliminates the need for a second set of regulations to be included in the document.&lt;br /&gt;
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The agreement for the adjustment of a utility is prepared by the district utilities staff and submitted to the utility owner for execution. The agreement is based on the plan, estimate of cost which was prepared in accordance with 23 CFR 645, and schedule. Authorized individuals representing the utility owner will execute the agreement. The agreement must be signed, sealed, and if necessary, notarized by the utility owner. If the utility owner does not have or use a corporate seal, write &amp;quot;NO SEAL&amp;quot; under the signatures of the owner’s officers. Agreements with political subdivisions are to be supported by an appropriate ordinance, a copy of which is to be submitted with the executed agreements. All copies will be forwarded to the CCO for further handling. A fully executed copy of the agreement will be retained in eAgreements. If the agreement was executed using electronic signatures, the district utilities staff should forward an electronic copy of the fully executed agreement to the utility owner. If the agreement was executed using wet signatures, one (1) paper copy of the fully executed agreement will be returned by the Commission Secretary’s Office to the district utilities staff. The district utilities staff will forward this copy to the utility owner.&lt;br /&gt;
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===643.2.12.1 Buy America Build America Requirements===&lt;br /&gt;
All agreements contain information on Buy America Build America (BABA) compliance. The utility owner should select the method of certification (See EPG 643.2.19) at the time of agreement completion. The appropriate paragraph will be inserted into the agreement. All BABA compliance documents must be retained by the utility owner and made available upon request at no cost to the Commission and/or FHWA.&lt;br /&gt;
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====643.2.12.1.1 Utility Owner Self-Certification====&lt;br /&gt;
The City/Company certifies that when determining products/materials subject to Buy America Build America requirements to use in the performance of this Agreement, it shall use only such products/materials for which it has received a certification from its supplier, or provider of construction services that procures the product/material, certifying compliance with Buy America Build America requirements. This does not include products/materials for which waivers have been granted pursuant to 23 CFR 635.410. The City/Company will not be required to provide the Commission copies of the supplier certification as part of this Agreement or with the final invoice of said Commission’s Federal-Aid Highway Construction Project.&lt;br /&gt;
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====643.2.12.1.2 Vendor/Manufacturer Certification====&lt;br /&gt;
The City/Company certifies that when determining products/materials subject to Buy America Build America requirements to use in the performance of this Agreement, it shall use only such products/materials for which it has received a certification from its supplier, or provider of construction services that procures the product/material, certifying compliance with Buy America Build America requirements. This does not include products/materials for which waivers have been granted pursuant to 23 CFR 635.410. The City/Company shall provide to the Commission all Buy America compliance documents as outlined in the Commission’s Engineering Policy Guide 643. All required compliance documents shall accompany the final invoice submitted to the Commission.&lt;br /&gt;
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===643.2.12.2 Master Reimbursable Utility Agreements===&lt;br /&gt;
The UT01: Master Reimbursable Utility Agreement (MRUA) is a statewide agreement that has been executed by the utility owner and the Commission for all future reimbursable utility adjustments between both parties. Once a MRUA is executed, no other utility agreements are required on design-bid-build projects. The district utilities staff should encourage utility owners to enter into a MRUA with the Commission to reduce potential future delays in executing a project specific agreement. A list of previously executed Master Reimbursable Utility Agreements is available. District utilities staff should add newly executed agreements to this list. The MRUA can be employed as either an actual cost (EPG 6432.12.3.1) or lump sum (EPG 643.2.12.2.2) agreement. When the reimbursable adjustment will utilize a MRUA, the district utilities staff will prepare a MRUA correspondence letter (“letter agreement”) referencing the executed MRUA. A copy of the MRUA correspondence letter should be saved in MoProjects for reference by Financial Services, the district construction office, and the district staff responsible for inspection of utility adjustments. All project specific items such as type of agreement (actual cost or lump sum), plan of adjustment, estimated total cost, cost allocation, and schedule are addressed in the MRUA correspondence letter from the district utilities staff to the utility owner. A flowchart of the MRUA process is available.&lt;br /&gt;
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===643.2.12.3 Project Specific Agreements===&lt;br /&gt;
If a utility owner does not have a MRUA with the Commission, a project specific agreement will be required for every project for which the Commission is responsible for the necessary adjustments to allow highway construction. The project specific agreement will be either an actual cost (EPG 643.2.12.3.1) or lump sum (EPG 643.2.12.3.2) agreement.&lt;br /&gt;
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====643.2.12.3.1 Actual Cost Agreements====&lt;br /&gt;
The UT03: Utility Agreement – Actual Cost is used when detailed estimates are not practical or costs appear to be questionable. Details on actual cost estimates can be found at EPG 643.2.9.2.1 Actual Cost Estimates. Once the final invoice on a UT03 is submitted to Financial Services, district utilities staff should change the status on the agreement in eAgreements to completed.&lt;br /&gt;
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====643.2.12.3.2 Lump Sum Agreements====&lt;br /&gt;
The UT02: Utility Agreement – Lump Sum eliminates the need for keeping detailed records of cost and the auditing of cost records. Estimates of cost must be prepared in detail for use of this agreement. When detailed estimates are not practical or costs appear unreasonable, actual cost agreements are to be used. Use of special forms of agreements, such as &amp;quot;subordination agreements&amp;quot;, which are desired by certain utility owners, is acceptable. These, too, must be revised to cover the particular situation. Details on lump sum estimates can be found at EPG 643.2.9.2.2 Lump Sum Estimates. Once the final invoice on a UT02 is submitted to Financial Services, district utilities staff should change the status on the agreement in eAgreements to “completed”.&lt;br /&gt;
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===643.2.12.4 Agreement for Utility Work Included in Roadway Improvement Project===&lt;br /&gt;
The UT04: Utility Agreement - Actual Cost (For Utility Work That is to be Included in the Missouri Highways and Transportation Commission&#039;s Road Project) allows for the adjustment to be based on actual cost with the roadway contractor performing the utility work. Caution should be exercised in the type of utilities to be relocated in roadway contracts. Utilities recommended are waterlines and sewer lines. Other utilities, such as gas lines, communication lines, and power lines are to be studied thoroughly before being included in the project.&lt;br /&gt;
&lt;br /&gt;
The Transportation Project Manager and district utilities staff must plan ahead to get this work in the roadway contract. The utility owner must agree to include the utility adjustment in the roadway contract. The adjustment may be on highway right of way or on private easement in the name of the utility owner. The utility owner can agree to allow MoDOT’s contractor to work in its easement. However, district utilities staff in consultation with district right of way staff should review the easement documentation to verify the utility owner’s rights to the easement and any limitations on its use. MoDOT’s contractor can work and operate on both Commission right of way and on the utility easement, even when not directly connected to the Commission right of way, as part of the job site. Temporary construction easements may be necessary in addition to the utility easement to ensure adequate working room for the contractor.&lt;br /&gt;
&lt;br /&gt;
:The utility owner may request exemption to any liability for negligence of our contractor working on their easement. The Commission can assume that liability (refer to Acceptance of Liability Policy), but it should be included in the utility agreement if so desired by the utility owner. A Job Special Provision is necessary to require the MoDOT contractor to hold the utility harmless from all claims due to contractor negligence.&lt;br /&gt;
&lt;br /&gt;
Subsurface information, i.e. boring data, etc., should be obtained by the utility owner since it may be needed for the design of the utility adjustment. This information should be included in the plans. If the utility owner must bear all or part of the cost of the adjustment, the utility owner must agree to pay a pre-deposit to the Commission prior to opening bids on the project. This should be in the utility agreement. The pre-deposit will be credited to the &amp;quot;Missouri Highway and Transportation Commission - Local Fund.&amp;quot; Any interest earned in the fund will apply to the cost of the adjustments. The utility agreement will include language that the utility will inspect the installation and assume maintenance of the utility facility after construction. MoDOT will also provide engineering supervision to be sure the road contractor is in compliance with the contract. Utility plans and specifications are to be approved by the owner prior to submittal to the Central Office. The following items will provide minimum information to allow MoDOT’s contractor to bid the work.&lt;br /&gt;
# Individual bid items (not &amp;quot;lump sum&amp;quot;) should be established to promote better bidding and to handle overruns and underruns. Bid items not included on the Computer Stored Bid Item list should be &amp;quot;99&amp;quot; numbers.&lt;br /&gt;
# he bid package must be in our letting format. If the package was prepared by a consultant as if the utility owner were going to let it, all bid bond or bidding procedures must be screened to remove requirements contrary to MoDOT letting requirements. District utilities staff should work with the Transportation Project Manager, Design Liaison Engineer, and Central Office Bidding and Contract Services to ensure this requirement is met.&lt;br /&gt;
# The specifications required by the utility owner should be reviewed for items that could cause a bid problem for our contractor. Items such as non-readily available materials or sizes should be avoided.&lt;br /&gt;
# Utility plan sheets should be .pdf files equivalent to 22 in. x 34 in. It is helpful to have a quantity sheet specifically for utility items.&lt;br /&gt;
# Any special procedures required for the utility installation should be included in the Job Special Provisions.&lt;br /&gt;
# The utility package should be submitted on-time to Central Office with other project plans.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.5 Agreement for a Utility Only Project===&lt;br /&gt;
Any of the above agreements can be modified for a utility only project separate from the roadway project. The utility only project may be done by forces hired by the utility owner or by the Commission. A separate utility only project has distinct advantages when the following occurs:&lt;br /&gt;
* The utility work is extensive&lt;br /&gt;
* It must be performed in accordance with the utility owner’s seasonal requirements&lt;br /&gt;
* It extends beyond the limits of the construction project&lt;br /&gt;
* It must be performed considerably in advance of the roadway contract&lt;br /&gt;
&lt;br /&gt;
Necessary environmental and design work is still required for the limits of the separate utility only project. It may be necessary in these cases to have a second agreement with the utility owner to cover any other work that must be performed concurrently with the roadway contract. These latter agreements will use the roadway construction job number. Early need for utility projects is to be determined at the time when the STIP is updated each year. The utility construction funds will be shown in the year right of way funds are assigned. This will be done whenever possible to secure early adjustment of utility facilities. A request by the district is sent to the Planning Division. Estimated dollar amounts for utility adjustments are needed. These are estimates and do not need to be extremely accurate. When a special utility project is established, it is preferred, if at all possible, to include all the utility adjustments necessary for the entire roadway project. If funds are available, additional agreements can be added to this utility project until the final invoice for the first completed agreement is received for payment.&lt;br /&gt;
&lt;br /&gt;
===643.2.12.6 Supplemental Agreements===&lt;br /&gt;
For utility owners with a UT01 agreement, a supplemental letter agreement documenting the change in the scope or cost of the work is acceptable.&lt;br /&gt;
&lt;br /&gt;
The UT05: First Supplemental Agreement is used to document changes to UT02 and UT03 agreements. If changes to the scope of work occur that are anticipated to exceed $100,000 or 15% of the original agreement, a UT05 is required. If the final invoice on an actual cost adjustment without changes in the scope of work exceeds the limits shown in the table below, a UT05 is required.&lt;br /&gt;
&lt;br /&gt;
{| class=&amp;quot;wikitable&amp;quot; style=&amp;quot;margin-left: 25px; text-align:center&amp;quot;&lt;br /&gt;
! Amount in Original Actual Agreement !! Final Bill Total Exceeds Original Amount by:&lt;br /&gt;
|-&lt;br /&gt;
| 0-$25,000 || 50%&lt;br /&gt;
|-&lt;br /&gt;
| $25,000-$100,000 || 40%&lt;br /&gt;
|-	&lt;br /&gt;
| Exceeds $100,000 || 30%&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
Should multiple UT05s be required with the same utility owner, the UT05 should be modified for additional supplemental agreements. Once the final invoice on an UT05 is submitted to Financial Services, district utilities staff should change the status on the agreement in eAgreements to “completed”.&lt;br /&gt;
&lt;br /&gt;
==643.2.13 Utility Adjustments in Roadway Plans and Job Special Provisions (JSPs)==&lt;br /&gt;
It is the responsibility of the MoDOT Transportation Project Manager (TPM) to ensure utility plans of adjustment are shown on the project plans at the Plan, Specification, and Estimate (PS&amp;amp;E) stage based upon information coordinated by the district utilities staff with the appropriate utility owner.&lt;br /&gt;
&lt;br /&gt;
===643.2.13.1 Plans===&lt;br /&gt;
A legend showing all applicable utility symbols and the names of the utility owners is shown on the first special utility sheet. In the absence of special utility sheets, this information may be shown on the title sheet or the first plan and profile sheet. The following note is required to be placed on the title sheet or the first plan and profile sheet and the first special utility sheet (if used) to inform contractors of the suitability of the utility information contained on the plans.&lt;br /&gt;
&lt;br /&gt;
&amp;quot;The existence and approximate location of utility facilities known to exist, as shown on the plans, are based on the best information available to the Commission at this time. This information is provided by the Commission &amp;quot;as-is&amp;quot; and the Commission expressly disclaims any representation or warranty as to the completeness, accuracy, or suitability of the information for any use. Reliance upon this information is done at the risk and peril of the user, and the Commission shall not be liable for any damages that may arise from any error in the information&amp;quot;.&lt;br /&gt;
&lt;br /&gt;
===643.2.13.2 Job Special Provisions===&lt;br /&gt;
Since the addition of utility information on the plans, supplied by a third party, could subject the Missouri Highway and Transportation Commission to additional liability, a Utility JSP reflecting the status of utility adjustments will be required. The JSP will include the name, address, e-mail address, and telephone number of all utility owner representatives for all utility facilities located on the project. The anticipated adjustment completion date for each utility adjustment is also to be shown based on the agreed upon dates, durations, or completion dates with the utility owner’s representative. This information will inform the bidder of the status of utilities for proper work coordination that could affect the bids for the proposed highway construction project. Status notations will include general notations such as: “N/A”, “Work is in progress”, “Work has not started”, “Work is complete”, and “Work is included in contract.”&lt;br /&gt;
&lt;br /&gt;
===643.2.13.3 PS&amp;amp;E Submittal===&lt;br /&gt;
In the District Final Plans Submittal Checklist (D-12), the TPM should note any issues related to existing utility facilities or the adjustment of utility facilities either shown or not shown on the plans. Projects with “No Utility Impacts” such as some overlays, striping, bridge washing, etc. do not need a Utility Status Letter or Utility JSP. The D-12 is used for these projects. In the D-12, under Project Details – “Utilities”, the note “NO” is selected and under “Status”, select “Clear”. For all other projects, the district utilities staff will write a Utility Status Letter. The TPM will include the Utility Status Letter with the submittal of the final plans to the Design Division. The Utility Status will be defined as:&lt;br /&gt;
# Utility facilities are present, but no conflict is anticipated with the highway construction project. Or,&lt;br /&gt;
# All utility facilities requiring adjustment to allow highway construction have been physically adjusted on the project. Or,&lt;br /&gt;
# Utility construction work is planned or active and will be completed to such a point that no impact will be expected to the highway construction project. The status of this work is defined in the utility JSP. Or,&lt;br /&gt;
# Utility facilities are not expected to be adjusted by the notice to proceed date for the road project, but the utility work will have no impact on the progress of the highway construction project. The status of this work is defined in the utility JSP. Or,&lt;br /&gt;
# Utility facilities must be adjusted after the road contractor completes stage construction or in coordination with the contractors’ work. Details of the coordination effort required of the contractor are defined in the utility JSP to properly advise bidders. Or,&lt;br /&gt;
&lt;br /&gt;
# Utility adjustment plans and specifications are included in the bid documents for the highway construction project. A UT04 agreement must be executed.&lt;br /&gt;
&lt;br /&gt;
==643.2.14 Payment to Utility Companies for Reimbursable Work==&lt;br /&gt;
Authorization and federal funding obligation must be approved prior to incurring costs. This applies to all types of work on utility facilities including preliminary engineering. An obligation is a commitment by the federal government to reimburse MoDOT for the federal share of a project’s eligible cost.&lt;br /&gt;
&lt;br /&gt;
===643.2.14.1 Obligation Process===&lt;br /&gt;
Federal funding can be used with both lump sum and actual cost agreements. After the utility agreement is fully executed, the district utilities staff will email a copy of the utility agreement or the letter agreement referencing the MRUA to the email group OBLIGATE. This email should request the authorization authority for use of federal funds and to be informed of a Notice to Proceed (NTP) (see EPG 643.2.15) date by Financial Services once federal funding has been obligated. District utilities staff should allow three (3) weeks to receive the NTP. Financial Services will use Advance Construction (AC) funding to fund reimbursement to utility owners. With AC funding, state funds initially are used to pay for reimbursement to utility owners. Once construction is complete, with appropriate documentation of the work via the C-9 and C-13, Financial Services will convert to federal funding.&lt;br /&gt;
&lt;br /&gt;
===643.2.14.2 Preliminary Engineering===&lt;br /&gt;
On occasion, preliminary engineering (PE) may need to be undertaken by the utility owner prior to the execution of a utility agreement. If a utility owner has a MRUA, an estimate of the cost of the PE work by the utility owner may be used to obligate funding for preliminary engineering under the MRUA as a PE only letter agreement. If a lump sum or actual cost agreement will be required with the utility owner for the project, district utilities staff should do two (2) agreements with one agreement covering PE only, and once a design for the adjustment is obtained, a second agreement for the construction of the adjustment should be executed. If a separate PE only agreement is obtained, NTP will need to be issued twice to the utility owner: once for PE and once for construction.&lt;br /&gt;
&lt;br /&gt;
===643.2.14.3 Right of Way===&lt;br /&gt;
Once Notice to Proceed has been given, the utility owner may begin the right of way acquisition process. If the utility owner needs to acquire right of way prior to a full agreement for relocation has been negotiated, the agreement specifically for the acquisition of right of way should be executed. This agreement will be sent to Financial Services to begin the obligation process.&lt;br /&gt;
&lt;br /&gt;
===643.2.14.4 Construction===&lt;br /&gt;
Payment to utility owners for construction of the adjustment may occur in a number of phases.&lt;br /&gt;
&lt;br /&gt;
====643.2.14.4.1 Prepayment====&lt;br /&gt;
Per the utility agreement, the Commission allows utility owners to be prepaid prior to commencing work. The district utilities staff may negotiate the prepayment if the utility owner is receptive. The utility owner will submit a request for prepayment with an invoice prior to any prepayment. Route, county, and job number must be included in the request. The district utilities staff will submit a request to Financial Services with a copy saved in MoProjects for future reference by the district staff responsible for inspection of the utility adjustment.&lt;br /&gt;
&lt;br /&gt;
====643.2.14.4.2 Progress Payments====&lt;br /&gt;
If a utility owner has not been prepaid the entire estimated amount in the utility agreement, then the utility owner may request progress payments after completing a portion of the proposed work, including PE.&lt;br /&gt;
&lt;br /&gt;
Progress payments for PE by consultants should not exceed the &amp;quot;maximum not to exceed amount&amp;quot; shown in the cost estimate unless additional costs are approved first by district utilities staff.&lt;br /&gt;
&lt;br /&gt;
For progress payments, the utility owner is required to submit only a summary of work and materials for which payment is claimed, not a detailed billing. District utilities staff should check only to be sure that sufficient work has been done to justify making the requested payment. Payment should be made for allowable costs incurred up to the date of the progress payment request.&lt;br /&gt;
&lt;br /&gt;
Progress payment invoices do not relieve the utility owner of the responsibility of submitting one complete and final invoice upon completion of the adjustment. The utility owner’s address must be shown on the invoice. The district utilities staff should submit progress payment invoices and applicable C-9s to Financial Services within one (1) week of receipt of invoice.&lt;br /&gt;
&lt;br /&gt;
One copy of the progress payment and one copy of the district utilities staff letter of recommendation must be sent to Financial Services for payment and be stored in MoProjects. The cover memo should include the project number, route, county, actual cost or lump sum utility agreement, Commission obligation percentage, total cost estimate of Commission obligation, and indicate the progress payment number, i.e., progress payment number 1, 2, 3, etc. If more than one progress payment is requested by the utility company, the district should submit progress payment bills to Financial Services in the following format:&lt;br /&gt;
{| class=&amp;quot;wikitable&amp;quot; style=&amp;quot;margin-left: 25px; text-align:center&amp;quot;&lt;br /&gt;
! Payment !! Amount&lt;br /&gt;
|-&lt;br /&gt;
| Progress Payment #1 || $50,000&lt;br /&gt;
|-&lt;br /&gt;
| Progress Payment #2 || 10,000&lt;br /&gt;
|-	&lt;br /&gt;
| Total Payment to Date || $60,000&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
This format will help clarify payment history with the utility owner. Progress payments for actual cost utility agreements may not exceed the Commission&#039;s total estimated cost shown in the agreement. However, if the request for a progress payment exceeds the original estimate, a change order with explanation should accompany the request. (See EPG 641.2.16.5 Change Orders.)&lt;br /&gt;
&lt;br /&gt;
====643.2.14.4.3 Final Payment====&lt;br /&gt;
Utility owners are required to submit a detailed final invoice to MoDOT for all actual cost reimbursable utility work and for any lump sum reimbursable utility work that was not prepaid. For prepaid lump agreements, the utility owner must submit a zero-dollar ($0) invoice to demonstrate the work has been completed. After the utility work has been fully completed, the district utilities staff responsible for inspection should send the utility owner a “60 Day” Final Acceptance Letter requesting a complete final invoice within 60 days, as detailed in the utility agreement. If the final invoice is not received from the utility owner within 30 days, then a follow up letter should be sent (i.e., “30 Day” Reminder Final Invoice Letter) reminding the utility owner of its obligation to submit a final invoice within 60 days of the completed work. If a final invoice from the utility owner is not received within this timeframe, then the district utilities staff should contact the Design Liaison Engineer for guidance on how to close out the work.&lt;br /&gt;
&lt;br /&gt;
The district utilities staff is expected to check the final bill within two (2) weeks after receipt in as much detail as possible against the C-9. It is their responsibility to verify from field records the quantities of labor, equipment, material used, material retired, and to justify all changes made. If the utility owner’s contractor made the adjustment at unit cost prices, then it is the district utility staff’s responsibility to verify the number of units completed and not the hours of labor and equipment. It is also important for the utility owner to show the words “final bill” or “final invoice” on the last bill, in order for MoDOT to understand that no additional charges will be made on the adjustment. The final bill must show a general description of the utility adjustment, the highway project number, the date on which work was completed or last item of billed expense was incurred, and the location where records can be audited. The order of items in the final statement should follow as closely as possible the order of items in the original estimate. A summary, on the utility owner’s letterhead, of the total cost of preliminary engineering, construction engineering, right of way, labor, overhead, construction travel expense, transportation, equipment, materials, supply, handling, and salvage credits should be shown in a way that will permit direct comparison with the approved estimate from the original or supplemental agreements (see EPG 643.2.12.6).&lt;br /&gt;
&lt;br /&gt;
If the Actual Cost final invoice shows a much higher cost than the original estimate without scope change, the utility owner is required to give reasons in a letter to the district utilities staff explaining why the invoice cost increased. When the Actual Cost final invoice exceeds the amount shown in the table in EPG 643.2.12.6, a supplemental agreement is required.&lt;br /&gt;
&lt;br /&gt;
When the district utilities staff has determined that the final invoice is accurate, the C-13 should be completed. Once the C-13 is completed, the C-13 and the final invoice from the utility owner are forward to Financial Services. For Actual Cost agreements, the C-9s should also be included in this transmittal. If no additional payments are required, the district utilities staff should note this in the transmittal as well. If the final invoice indicates previous payments to a utility owner exceeded the final invoice, the utility owner will need to send MoDOT a check for the overpayment amount. The check should be made payable to Director of Revenue – Credit State Road Fund. If the utility owner did not send MoDOT an overpayment check with the final invoice, district utilities staff should send a letter to the utility owner requesting the refund amount. Submittal of the final invoice to Financial Services should not occur until repayment has been received. The submittal to Financial Services should note the receipt of the repayment check.&lt;br /&gt;
&lt;br /&gt;
==643.2.15 Notice to Proceed==&lt;br /&gt;
For PE only, once an agreement has been executed, and Financial Services has advised that authorization from FHWA has been received, district utilities staff will issue a notice to proceed (NTP) letter to the utility owner for the PE. For agreements that include PE and construction or once a final agreement for construction has been executed, right of way clearance has been issued, and Financial Services has advised that authorization from FHWA has been received, the district utilities staff will issue NTP to the utility owner for construction. See Example of Notice to Proceed Letter. If salvage credit is part of the agreement with the utility owner, the NTP letter should include a statement that the utility owner will need to inform district utilities staff of the time and place that inspection may be made of the removed material. The utility owner may be held accountable for full value of materials disposed without proper notice. Utility owners may purchase materials prior to NTP for construction; however, no other work on the adjustment necessary to allow highway construction may begin prior to NTP for construction. The utility owner, for reasons of planning their workload or due to seasonal situations, may request early authorization to perform the work. This request, with the district utilities staff recommendations, is sent to the Design Liaison Engineer for further handling, approval, and advancement of the necessary funds. A copy of the NTP should be saved in MoProjects. If a utility owner begins adjustments prior to NTP for construction, district utilities staff should notify the utility owner immediately in writing that reimbursement will not be made for work done prior to NTP for construction.&lt;br /&gt;
&lt;br /&gt;
==643.2.16 Construction of Utility Adjustments==&lt;br /&gt;
===643.2.16.1 Utility Owner Self-Perform===&lt;br /&gt;
As per 23 CFR 645.115 Construction, it may be cost-effective for certain utility adjustments to be performed by a utility owner with its own internal forces and equipment, provided the utility owner is qualified to perform the work in a satisfactory manner. This cost-effectiveness finding covers minor work on the utility owner’s existing utility facilities routinely performed by the utility owner with its own forces.&lt;br /&gt;
&lt;br /&gt;
===643.2.16.2 Construction Contract Requirements===&lt;br /&gt;
When the utility owner is not adequately staffed and equipped to perform such work with its own forces and equipment at a time convenient to coordination with the associated highway construction, such work may be done one of four ways for utility adjustments:&lt;br /&gt;
# MoDOT can provide the construction services, via awarded contract to the lowest qualified bidder based on appropriate solicitation. This can be done by including the adjustment work in the roadway improvement project (EPG 643.2.12.4 Utility Agreement for Utility Work Included in Roadway Improvement Project) or by having a utility only project (EPG 643.2.12.5 Utility Only Project).&lt;br /&gt;
# The utility owner can award a construction contract to the lowest qualified bidder based on appropriate solicitation.&lt;br /&gt;
# The utility owner can utilize an existing continuing contract, provided the costs are reasonable (see EPG 643.2.9.1 Independent Cost Estimate).&lt;br /&gt;
# The utility owner can contract for low-cost incidental work, such as tree trimming and the like, without competitive bidding, provided the costs are reasonable (see EPG 643.2.9.1 Independent Cost Estimate).&lt;br /&gt;
&lt;br /&gt;
When a utility owner chooses option 2 to award its own new construction contract, the utility owner must provide the following documents and information to the district utilities staff. These documents need to be provided as soon as the utility owner has chosen to pursue a construction contract. Document 1 must be supplied by all utility owners. Documents 2 and 3 are only required when the utility owner is a local government agency who is also a political subdivision of the state of Missouri (e.g., city-owned utilities, county-owned utilities). All other utility owners are encouraged, but not required, to provide Documents 2 and 3.&lt;br /&gt;
# A statement that the utility owner is not staffed or able to perform the required construction activities with its own forces.&lt;br /&gt;
# A copy of the request for proposal used to secure bids.&lt;br /&gt;
# A list of a minimum of 3 bidders whom they believe can do the work. &#039;&#039;&#039;Political subdivisions are required to advertise for the work&#039;&#039;&#039;.&lt;br /&gt;
# Upon review of these documents, the district utilities staff will advise the utility owner to proceed with the solicitation of bids, but the utility owner will not be permitted to award the contract without the concurrence of district utilities staff. For lump sum agreements, approval of contract work and subcontract work is not required.&lt;br /&gt;
&lt;br /&gt;
The following documents need to be provided as soon as the utility owner has determined the lowest qualified contractor and would like to award the project. Document 1 must be supplied by all utility owners. Document 2 is only required when the utility owner is a local government agency who is also a political subdivision of the state of Missouri (e.g., city-owned utilities, county-owned utilities). All other utility owners are encouraged, but not required, to provide Document 2.&lt;br /&gt;
# The name address of the lowest qualified contractor.&lt;br /&gt;
# The tabulation of bids received and other information to support their recommendation for award to the lowest qualified bidder.&lt;br /&gt;
&lt;br /&gt;
The district utilities staff will review and approve the utility owner&#039;s bid information prior to the award of the contract. The Design Liaison Engineer is available to assist the district with review of bid information if necessary. Once the district utilities staff provides concurrence, the utility owner may proceed with awarding the contract. When the utility owner is a local government agency who is also a political subdivision of the state of Missouri (e.g., city-owned utilities, county-owned utilities), a copy of the executed contract must be shared with the district utilities staff. All other utility owners are encouraged, but not required, to provide a copy of the executed contract.&lt;br /&gt;
&lt;br /&gt;
A checklist is available for reviewing contracts to ensure the contract conforms to MoDOT policy and complies with applicable federal regulations.&lt;br /&gt;
&lt;br /&gt;
When a utility owner chooses to utilize a an existing continuing contract, the utility owner will submit a copy of the contract to the district utilities staff. The district utilities staff will review the contract for reasonableness of cost. If district utilities staff and the utility owner’s representative cannot agree on the reasonableness of cost, then the utility owner will be required to award a new construction contract.&lt;br /&gt;
&lt;br /&gt;
===643.2.16.3 Inspection===&lt;br /&gt;
The degree of inspection needed for utility adjustments will vary considerably with the nature and location of the work and whether the Commission is responsible for any portion of the cost of reimbursement. Judgment must be used regarding the manner and regularity of inspection duties. Some phases of the work require a very close check to ensure that the highway will not be adversely affected and to ensure satisfactory performance of work in accordance with the agreement and plans. The degree of inspection may vary from spot checking of overhead installations to continuous close observation of backfilling trenches beneath proposed pavement, embankment area, or adjacent to bridge abutments. Proper inspection can ensure that the utility adjustment is completed as efficiently as possible to minimize future impacts to the utility facility and the highway construction project. A [https://epg.modot.org/forms/general_files/DE/UtilityFieldInspectionChecklist.docx Field Inspection Checklist] to assist district utilities staff responsible for inspection is available.&lt;br /&gt;
&lt;br /&gt;
If it is found that any actual cost reimbursable utility adjustment is being performed by unapproved contractors, district utilities staff should direct the work to stop. The utility owner’s representative should be informed immediately and should be advised in writing that the costs incurred by an unapproved contractor are not eligible for reimbursement under provisions of the agreement. The district utilities staff can take appropriate steps to approve a subcontract and advise when the utility owner can recommence work.&lt;br /&gt;
&lt;br /&gt;
===643.2.16.4 Documentation===&lt;br /&gt;
All documents related to the construction of the utility adjustment necessary to allow highway construction should be stored in MoProjects.&lt;br /&gt;
&lt;br /&gt;
Construction records must be kept to confirm that work is done in accordance with the terms of the agreement and in the manner proposed in the plans. The importance of a complete and accurate record cannot be overemphasized. Detailed records are necessary to support the recommendation for payment of the final invoice. A complete, separate daily record must be kept on each actual cost adjustment and submitted for review when the final invoice is recommended for payment. This district utilities staff responsible for inspection should complete the Daily Utility Report (C-9).&lt;br /&gt;
&lt;br /&gt;
====643.2.16.4.1 Utility Reports====&lt;br /&gt;
The Daily Utility Report ([https://epg.modot.org/forms/general_files/DE/C-9.docx Form C-9]) and the Final Utility Report ([https://epg.modot.org/forms/general_files/DE/C-13.docx Form C-13]) are used for documenting utility adjustments necessary to allow highway construction. The use of C-9s and C-13s will vary with method of reimbursement. For utility adjustments necessary to allow highway construction that overlap with the highway contractor’s work, progress records should be kept as necessary to coordinate the highway and utility construction activities. Sufficient records must be maintained to check and verify the items of labor, equipment, materials, and salvaged items as submitted on the final invoice.&lt;br /&gt;
&lt;br /&gt;
=====643.2.16.4.1.1 Daily Utility Report (C-9)=====&lt;br /&gt;
C-9s are only required for actual cost agreements. The district utilities staff responsible for inspection must in all cases keep records to document inclement weather, down time, and verbal authorization for minor changes. The district utilities staff responsible for inspection must complete a C-9 documenting the number and classification of employees and number of hours worked. Records of material used and of retired materials returned to stock or scrapped must be kept. The utility owner’s major items of equipment must also be recorded. When work is done by the contract method based on unit prices, the district utilities staff responsible for inspection should ascertain that units of work as provided in the bid proposal are measured and recorded to form a basis for checking the final invoice. C-9s should list the location and the number of units of work accomplished for that period. If contract labor or equipment is used by a utility owner on the basis of a bid per hour, per day, etc., it will be necessary to keep records on this labor or equipment time in the same manner as if the utility owner were performing the work with its own internal forces. District utilities staff responsible for inspection should also note all contractors working for the utility owner and the contractor approval authorization dates given in the agreement.&lt;br /&gt;
&lt;br /&gt;
=====643.2.16.4.1.2 Final Utility Report (C-13)=====&lt;br /&gt;
C-13s summarize that the utility adjustment work that was done in accordance with the agreement and plans, the percentage of total cost that is the responsibility of the Commission, and any progress payments that have been made. A C-13 is required for both actual cost and lump sum agreements. The requested numbers shown on line 9 (Commission Estimated Cost) and line 10 (Amount of Final Bill) in the report are the Commission’s total responsibility.&lt;br /&gt;
&lt;br /&gt;
====643.2.16.4.2 Breakdown and Emergency====&lt;br /&gt;
When breakdown and emergency situations occur, prior approval by MoDOT is not required for contract or equipment rental work unless the cost or period of time will be extensive. The utility owner should furnish a letter as soon as possible to explain the situation and set out the estimated costs involved. The district utilities staff’s records should substantiate the need and the changes for personnel and equipment.&lt;br /&gt;
&lt;br /&gt;
====643.2.16.4.3 Stop Work====&lt;br /&gt;
If at any point, a stop work order is given by MoDOT to a utility owner, written documentation of the stop work order should be saved in MoProjects.&lt;br /&gt;
&lt;br /&gt;
===643.2.16.5 Change Orders===&lt;br /&gt;
Any change in the plan of adjustment should be documented in writing to the utility owner as a change order. If the change order is anticipated to exceed $100,000 or 15% of the original agreement amount, district utilities staff should negotiate a supplemental agreement with the utility owner’s representative. Once a supplemental agreement is in place, district utilities staff should contact Financial Services to obtain an adjustment of the obligation mid-project. Change orders without supplemental agreements will be settled once the project is complete.&lt;br /&gt;
&lt;br /&gt;
====643.2.16.5.1 Actual Cost Agreement====&lt;br /&gt;
Slight modifications in quantities or the addition of minor items not included with the original agreement do not require a supplemental agreement. However, such changes should be documented in writing with the utility owner. A supplemental agreement is needed if costs exceed the above threshold or if there is a change in the percentage of cost that is the Commission’s responsibility on an agreement with shared responsibility for costs. Intermediate partial payments cannot be made on items in a supplemental agreement until the supplemental agreement is approved.&lt;br /&gt;
&lt;br /&gt;
====643.2.16.5.2 Lump Sum Agreement====&lt;br /&gt;
A supplemental agreement to a Lump Sum Agreement is only required for significant changes in the scope of work of the utility adjustment necessary to allow highway construction. Normal overruns are not considered as changes in approved work and will not be reimbursed. Significant changes in the scope of work on utility adjustments necessary to allow highway construction cannot be done until the supplemental agreement is approved, and the adjustment in obligation of funds is complete.&lt;br /&gt;
&lt;br /&gt;
==643.2.17 Utilities during Highway Construction==&lt;br /&gt;
The contractor is responsible for having utilities located by contacting Missouri One-Call (811) prior to any excavation on the project. A reminder of this responsibility should be made at the preconstruction meeting.&lt;br /&gt;
&lt;br /&gt;
===643.2.17.1 Preconstruction Meeting (Pre-Con)===&lt;br /&gt;
District utilities staff should be invited to all pre-cons.&lt;br /&gt;
&lt;br /&gt;
Pre-cons fall into three categories relating to utilities:&lt;br /&gt;
# No utility adjustments are anticipated within the project limits,&lt;br /&gt;
# All utility adjustments completed prior to the pre-con, and&lt;br /&gt;
# All utility adjustments not completed prior to the pre-con.&lt;br /&gt;
&lt;br /&gt;
====643.2.17.1.1 No Utility Adjustments Anticipated within the Project Limits====&lt;br /&gt;
For projects without a Utility Job Special Provision (JSP), no involvement of the utility owners is required at the pre-con. For projects with a Utility JSP, the Resident Engineer (RE) should invite all utility owner representatives listed in the JSP with known required adjustment to the pre-con. The RE should review potential impacts of the highway construction project with the contractor and the utility owner.&lt;br /&gt;
&lt;br /&gt;
====643.2.17.1.2 All Utility Adjustments Completed Prior to the Pre-Con====&lt;br /&gt;
The RE should invite all utility owner representatives listed in the JSP with known required adjustment to the pre-con. The RE should review potential impacts of the highway construction project with the contractor and the utility owner. A general discussion should highlight the previous adjustments made by the utility owner and what abandoned utility facilities the contractor may encounter.&lt;br /&gt;
&lt;br /&gt;
====643.2.17.1.3 All Utility Adjustments Not Completed Prior to the Pre-Con====&lt;br /&gt;
It is important for the RE and inspector to understand the utility owner’s work schedule and how it relates to the contractor’s work schedule. During the pre-con, the schedule of the utility owner and highway construction contractor should be discussed, and conflicts should be addressed to allow utility adjustments and highway construction to progress as near to the proposed schedule as possible. On large-scale projects that have many utility issues to address that could impact the work of the highway construction contractor, it may be necessary to have a separate pre-con with utility owner representatives.&lt;br /&gt;
&lt;br /&gt;
===643.2.17.2 Coordination Meetings===&lt;br /&gt;
When the utility work will not be completed soon after the preconstruction meeting, the RE should meet with district utilities staff, the highway construction contractor, and the utility owner representatives on a regular basis to discuss utility coordination issues, so expectations from all parties are known and conveyed clearly. The utility owner may need some work performed by MoDOT or the highway construction contractor prior to completing their adjustments. (Examples include: survey staking of right of way or proposed facilities, trees cleared, grading performed, or new structures built).&lt;br /&gt;
&lt;br /&gt;
==643.2.18 Service Drops==&lt;br /&gt;
Power and communication services provided by utility owners are necessary for the operation of the highway system. These services may include power to traffic signals, lighting, or ITS devices; power for cathodic protection; or telecommunication services to signal controllers or ITS devices. The project design teams should work with district utilities staff to identify proper locations for the applicable utility owners to provide these services. Various utility owners have different requirements for this process. The district utilities staff is encouraged to develop a workable relationship with the utility owners who provide these services to MoDOT. The costs of installing the services charged by the utility owner are considered a non-contractual item and should be accounted for in the project’s budget in the STIP. The proposed location and method for the service drops should be shown on the roadway plans. District utilities staff should meet with the utility owner’s representative to ensure the proposed location can be accommodated by the utility owner. For electrical service connections, the power supply assembly is ideally located a maximum of ten feet (10’) from the source location. Plans submitted for PS&amp;amp;E should reflect the agreed upon location for all service connections. During construction, district utilities staff and district construction staff should work together to ensure the placement of the services is consistent with the project plans. Payment for the service drops should be invoiced by the utility owner to the district. District utilities staff is responsible for submission of the invoice directly to Financial Services for payment noting the non-contractual charges for the project.&lt;br /&gt;
&lt;br /&gt;
==643.2.19 Buy America Build America for Utilities==&lt;br /&gt;
FHWA’s Buy America Build America (BABA) policies require a domestic manufacturing process for all steel or iron products, other construction materials, and manufactured products that are permanently incorporated into Federal-Aid Highway construction projects, including products and materials used for adjustments to utility facilities to allow highway construction. These guidelines are for all federally reimbursable transportation projects where FHWA is the lead federal agency; it does not take precedence over projects where Federal Transit Administration or the Federal Railroad Administration is deemed the be the lead federal agency.&lt;br /&gt;
&lt;br /&gt;
===643.2.19.1 Program Requirements for Utilities===&lt;br /&gt;
All MoDOT projects are federal-aid projects, and therefore, all reimbursable utility adjustments are required to follow the provisions of BABA. More information on MoDOT’s BABA policy and procedures can be found in [[106.9_Buy_America_Requirement|EPG 106.9 Buy America Requirement]]. Specifically, utility owners should be aware of the following procedures for determining applicability of the EPG 106.9 requirements to reimbursable utility adjustments necessary to allow highway construction:&lt;br /&gt;
* BABA does not apply when materials are relocated from one location to another within the project limits.&lt;br /&gt;
* BABA does not apply for materials necessary for temporary utility adjustments assuming materials are removed from the right of way upon completion of the utility adjustment to allow highway construction.&lt;br /&gt;
* Non-reimbursable work must be kept separate from reimbursable work (agreements, permits, etc.) in order to not be subject to BABA.&lt;br /&gt;
&lt;br /&gt;
===643.2.19.2 Certification Requirements for Utilities===&lt;br /&gt;
Utility owners have the option of choosing either to self-certify BABA compliance or provide vendor/manufacturer certification to MoDOT. The method of certification is chosen by the utility owner and is documented in either the MRUA or the project specific agreement. Regardless of agreement type or certification method, the utility owner must be compliant with BABA requirements.&lt;br /&gt;
&lt;br /&gt;
====643.2.19.2.1 BABA Utility Owner Self-Certification====&lt;br /&gt;
If a utility owner chooses to self-certify BABA compliance, the utility owner is not required to provide MoDOT copies of the supplier certification as part of the project documentation or with the final invoice for any reimbursable utility adjustment necessary to allow highway construction. Retention of all documents should be as described in the agreement.&lt;br /&gt;
&lt;br /&gt;
====643.2.19.2.2 BABA Vendor/Manufacturer Certification====&lt;br /&gt;
If a utility owner chooses to use vendor/manufacturer certification, the utility owner will supply MoDOT BABA compliance from all vendors and/or manufacturers. Certification from vendors will be signed by an authorized representative of the vendor on company letterhead or other acceptable documentation and will declare that all supplied materials subject to BABA requirements are fully compliant. Certification from iron or steel manufacturers must be in the form of a mill test report (MTF) issued and signed by the initial fabricator stating the materials subject to BABA were melted and manufactured in the United States. Other written statements on company letter or other acceptable documentation signed by an authorized representative of the manufacturer for any additional treatment to the fabricated material (such as blasting, galvanizing, painting, or coating) will state that all treatment processes occurred in the United States according to FWA guidelines. Retention of all documents should be as described in the agreement. Manufacturer certification for manufactured products or construction materials will state that all materials were sourced from the United States and were fabricated in the United States. Retention of all documents should be as described in the agreement.&lt;br /&gt;
&lt;br /&gt;
&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643.3 Reserved for Future Use &#039;&#039;PAGE TITLE&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;&lt;br /&gt;
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&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;643.4 Railroads (NO CHANGE) &#039;&#039;PAGE TITLE&#039;&#039;&amp;lt;hr style=&amp;quot;border:none; height:2px; background-color:red;&amp;quot; /&amp;gt;&lt;br /&gt;
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==236.5.12 Excess Land Conveyances &amp;amp; Relinquishments - Utilities==&lt;br /&gt;
All conveyances and relinquishments of Commission-owned property shall be evaluated for the existence of any utility facilities located within the areas to be conveyed or relinquished. A conveyance or relinquishment of Commission-owned property may have implications to the utility facilities, and the utility owners, when the Commission no longer controls the property. It is important to maintain the continuity of utility facilities for the general public; therefore, to identify and minimize potential impacts, MoDOT shall involve utility owners in the conveyance and relinquishment processes.&lt;br /&gt;
&lt;br /&gt;
===236.5.12.1 Excess Land Conveyances Utilities===&lt;br /&gt;
MoDOT shall only recommend that a property be declared excess upon satisfactorily addressing the utility impacts. Whether MoDOT or an external party initiates the conveyance of excess property, utility impacts shall be adequately addressed by using one of the following methods: &lt;br /&gt;
:1. Each utility facility will be relocated by permit into a new utility corridor retained by the Commission.&lt;br /&gt;
:2. Each utility facility will remain in place with the benefit of a non-exclusive permanent utility easement.&lt;br /&gt;
::&#039;&#039;If the Commission holds fee simple title to the property, the Commission shall convey a non-exclusive permanent utility easement to each utility owner&#039;&#039;.&lt;br /&gt;
::&#039;&#039;If the Commission holds a less than fee simple title interest in the property, MoDOT shall facilitate the conveyance of a non-exclusive permanent utility easement from the party acquiring the property to each utility owner&#039;&#039;.&lt;br /&gt;
:3. Each utility facility will be relocated to another portion of the property being conveyed.&lt;br /&gt;
::&#039;&#039;If the Commission holds fee simple title to the property, the Commission shall convey a non-exclusive permanent utility easement to each utility owner&#039;&#039;. &lt;br /&gt;
::&#039;&#039;If the Commission holds a less than fee simple title interest in the property, MoDOT shall facilitate the conveyance of a non-exclusive permanent utility easement from the party acquiring the property to each utility owner&#039;&#039;.&lt;br /&gt;
:4. Each utility facility will be relocated onto a portion of the property already owned by the party acquiring the Commission-owned property, with the benefit of a non-exclusive permanent easement. (MoDOT shall facilitate the conveyance of a non-exclusive permanent utility easement from the party acquiring the property to each utility owner.)&lt;br /&gt;
:5. A three-party negotiated settlement taking into consideration the overall value of the proposed transaction.&lt;br /&gt;
:6. Additional options to address utility impacts may be utilized with approval from the Asst. to the State Design Engineer - Right of Way.&lt;br /&gt;
&lt;br /&gt;
===236.5.12.2 Road Relinquishment Utilities===&lt;br /&gt;
MoDOT shall only recommend the relinquishment of roadways through the [[236.14 Change in Route Status Report|Change in Route Status Report]] upon satisfactorily addressing the impacts to utility facilities. If the roadway will be relinquished to a local public transportation authority, with the intent that it continues to be used as a public roadway, a clause similar to the following shall be included in the deed from the Commission to the local public transportation authority:&lt;br /&gt;
:&#039;&#039;&amp;quot;Grantee, by acceptance of this conveyance, covenants and agrees for itself, its successors and assigns, to allow known or unknown utility facilities currently located on the property, whether of record or not, to remain on the property, and to grant the current and subsequent owners of those facilities the right to maintain, construct and reconstruct the facilities and their appurtenances over, under, and across the land herein conveyed, along with the right of ingress and egress across the land herein conveyed to and from those utilities.&amp;quot;&#039;&#039; &lt;br /&gt;
&lt;br /&gt;
Proposed roadway relinquishments to private entities shall be reviewed in a manner consistent with the conveyance of excess property described in [[236.5 Property Management#236.5.3 Asset Management Committee|EPG 236.5.3 Asset Management Committee]].&lt;/div&gt;</summary>
		<author><name>Hoskir</name></author>
	</entry>
	<entry>
		<id>https://epg.modot.org/index.php?title=User:Hoskir/Revision_Request_4165&amp;diff=58857</id>
		<title>User:Hoskir/Revision Request 4165</title>
		<link rel="alternate" type="text/html" href="https://epg.modot.org/index.php?title=User:Hoskir/Revision_Request_4165&amp;diff=58857"/>
		<updated>2026-06-18T14:33:52Z</updated>

		<summary type="html">&lt;p&gt;Hoskir: /* 909.3.1 Freeway Operations and Management */&lt;/p&gt;
&lt;hr /&gt;
&lt;div&gt;=&#039;&#039;&#039;REVISION REQUEST 4165&#039;&#039;&#039;=&lt;br /&gt;
&lt;br /&gt;
=909 Transportation Systems Management and Operations (TSMO)=&lt;br /&gt;
&lt;br /&gt;
&amp;lt;div style=&amp;quot;float: right; margin-top: 5px; margin-left: 15px; width:400px; font-size: 95%; background-color: #f8f9fa; padding: 0.3em; border: 1px solid #a2a9b1; text-align:left;&amp;quot;&amp;gt;&lt;br /&gt;
Several &#039;&#039;&#039;foundational documents&#039;&#039;&#039; guide MoDOT’s TSMO program:&lt;br /&gt;
* [https://www.modot.org/sites/default/files/documents/2024%20MoDOT%20TSMO%20Program%20Plan.pdf TSMO Program and Action Plan] – outlines MoDOT’s statewide TSMO vision, goals, and implementation strategies.&lt;br /&gt;
* [https://www.modot.org/sites/default/files/documents/TSMO%20Informational%20Memoranda%20Complete.pdf TSMO Informational Memoranda] – provides background, technical details, and &lt;br /&gt;
* [https://www.modot.org/sites/default/files/documents/BC%20Reference%20memo_0.pdf TSMO Benefit-Cost Reference Memo] – provides the benefit-cost information on TSMO applications that are critical to MoDOT’s TSMO program and future work.&lt;br /&gt;
* [https://epg.modot.org/files/6/6b/909_WZM_Guidebook.pdf Work Zone Management Guidebook] – provides a comprehensive set of tools and strategies for work zone management and describes “advanced work zone” practices, guidance, and resources &lt;br /&gt;
* [https://www.modot.org/sites/default/files/documents/FR1_MoDOT_CAVPlan_Apr25_ACCESSIBLE.pdf Connected and Automated Vehicle Action Plan] – articulates MoDOT’s mission, vision, strengths, and strategic focus areas for leveraging CV/AV technologies, and lays out actions across institutional capability-building, outreach and education, and partnership development to support safe, efficient deployment.&lt;br /&gt;
&amp;lt;/div&amp;gt;&lt;br /&gt;
&lt;br /&gt;
Transportation Systems Management and Operations (TSMO) consists of operational strategies and systems that cost-effectively optimize the safety, reliability, efficiency, and capacity of the transportation system. TSMO emphasizes maximizing the performance of the existing system through proactive management and operational improvements.&lt;br /&gt;
&lt;br /&gt;
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&lt;br /&gt;
==909.1 Introduction to TSMO==&lt;br /&gt;
===909.1.1 Overview of TSMO Strategies===&lt;br /&gt;
TSMO strategies are the day-to-day operational actions MoDOT uses to actively manage the transportation system and address the primary causes of congestion without relying solely on capacity expansion. &lt;br /&gt;
&lt;br /&gt;
Congestion generally falls into two categories:&lt;br /&gt;
* &#039;&#039;&#039;Non-recurring delays&#039;&#039;&#039; arise from unplanned or irregular events such as incidents, disasters, weather, work zones, and special events. These disruptions are inherently unpredictable, vary in severity and duration, and often require dynamic traffic management and interagency coordination to reduce their impact.&lt;br /&gt;
* &#039;&#039;&#039;Recurring delays&#039;&#039;&#039; occur regularly at specific locations, most often during peak traffic periods. This type of congestion is usually the result of demand exceeding the capacity of the existing system. Transportation agencies do not have the resources to construct enough highway capacity to eliminate all recurring congestion. Instead, TSMO strategies provide more cost-effective ways to manage demand and improve flow.&lt;br /&gt;
&lt;br /&gt;
By addressing both types of congestion, TSMO supports MoDOT’s mission of moving Missourians safely and reliably while making the best use of available resources. These strategies are organized based on whether they address &#039;&#039;&#039;non-recurring delays&#039;&#039;&#039; or &#039;&#039;&#039;recurring delays&#039;&#039;&#039;, as described below.&lt;br /&gt;
&lt;br /&gt;
[[#909.2_Non-Congested_Route_(Non-Recurring_Delays)|909.2 Non-Congested Route (Non-Recurring Delays)]] – These strategies focus on managing temporary (whether short-term or long-term) capacity reductions caused by irregular or time-limited events that disrupt normal traffic conditions, with the goal of restoring mobility and safety efficiently and consistently.&lt;br /&gt;
* [[#909.2.1_Traffic_Incident_Management|909.2.1 Traffic Incident Management]]: Coordinates detection, response, and clearance across multiple agencies to minimize secondary crashes and return roadways to normal operation quickly.&lt;br /&gt;
* [[#909.2.2_Transportation_Operations_for_Emergency_Incidents_or_Disasters|909.2.2 Transportation Operations for Emergency Incidents or Disasters]]: Supports system readiness and coordinated response during natural or human-caused disasters through planning, communication, and multimodal evacuation procedures.&lt;br /&gt;
* [[#909.2.3_Road_Weather_Management|909.2.3 Road Weather Management]]: Integrates environmental monitoring, data-driven decision support, and targeted maintenance to mitigate the effects of adverse weather on safety and mobility.&lt;br /&gt;
* [[#909.2.4_Work_Zone_Traffic_Management|909.2.4 Work Zone Traffic Management]]: Applies smart work zone technologies and comprehensive traffic management plans to maintain safe and reliable travel through construction and maintenance areas.&lt;br /&gt;
* [[#909.2.5_Planned_Special_Event_Management|909.2.5 Planned Special Event Management]]: Coordinates transportation, enforcement, and communication activities for scheduled events to maintain efficient system operations and traveler safety.&lt;br /&gt;
&lt;br /&gt;
[[#909.3_Congested_Route_(Recurring_Delays)|909.3 Congested Route (Recurring Delays)]] – These strategies address predictable and routine congestion caused by daily travel demand and capacity constraints on specific facilities or corridors, emphasizing active traffic management, system integration, and multimodal coordination.&lt;br /&gt;
* [[#909.3.1_Freeway_Operations_and_Management|909.3.1 Freeway Operations and Management]]: Improves freeway performance through corridor-level monitoring, adaptive control, and coordinated operations to enhance safety and travel-time reliability.&lt;br /&gt;
* [[#909.3.2_Arterial_Operations_and_Management|909.3.2 Arterial Operations and Management]]: Optimizes signal timing, intersection design, and corridor coordination to improve mobility and safety on surface streets.&lt;br /&gt;
* [[#909.3.3_Freight_Operation|909.3.3 Freight Operation]]: Enhances the efficiency and safety of freight movement through improved access, parking management, and technology-based monitoring along key freight corridors.&lt;br /&gt;
* [[#909.3.4_Vulnerable_Road_Users|909.3.4 Vulnerable Road Users]]: Improves safety, accessibility, and comfort for VRUs through targeted infrastructure, operational strategies, and multimodal coordination.&lt;br /&gt;
* [[#909.3.5_Transit_Operation|909.3.5 Transit Operation]]: Strengthens transit reliability and accessibility through operational strategies such as priority treatments, multimodal hubs, and corridor management.&lt;br /&gt;
&lt;br /&gt;
===909.1.2 Relationship with Other Programs===&lt;br /&gt;
TSMO is not a standalone initiative—it complements and enhances MoDOT’s other programs:&lt;br /&gt;
* &#039;&#039;&#039;Safety Programs&#039;&#039;&#039;: TSMO contributes to MoDOT’s safety goals, as outlined in the Strategic Highway Safety Plan and the SAFER Program (see [[907.9_Safety_Assessment_For_Every_Roadway_(SAFER)|EPG 907.9 Safety Assessment For Every Roadway (SAFER)]]), by reducing secondary crashes, improving work zone management, and advancing road weather management capabilities. &lt;br /&gt;
* &#039;&#039;&#039;Asset Management&#039;&#039;&#039;: Proper maintenance of TSMO strategies and supporting systems can improve how facilities operate, reduce incidents that accelerate wear, and extend the life of infrastructure investments.&lt;br /&gt;
* &#039;&#039;&#039;Planning and Design&#039;&#039;&#039;: TSMO principles should be incorporated early in the planning and design process so that operational strategies are built into projects from the start.&lt;br /&gt;
* &#039;&#039;&#039;Maintenance&#039;&#039;&#039;: Maintenance activities can be coordinated with TSMO tools such as smart work zones and ITS devices to reduce traffic disruptions.&lt;br /&gt;
* &#039;&#039;&#039;Traveler Information&#039;&#039;&#039;: TSMO strengthens customer service by providing real-time, accurate, and actionable information to the traveling public.&lt;br /&gt;
&lt;br /&gt;
In practice, TSMO serves as the operational thread that connects safety, planning, design, maintenance, and customer service into a unified system-management approach.&lt;br /&gt;
&lt;br /&gt;
===909.1.3 Roles and Contributions for TSMO Implementation===&lt;br /&gt;
This guide is designed to provide MoDOT staff and partners with a clear, practical reference for TSMO strategies. Table 909.1.3 highlights the typical roles and potential TSMO contributions of different staff in implementing and supporting TSMO strategies, as applicable based on project context, needs, and available resources. These contributions are intended to guide coordination and consideration of TSMO strategies and may vary depending on the specific application.&lt;br /&gt;
&lt;br /&gt;
{| class=&amp;quot;wikitable&amp;quot; style=&amp;quot;margin:auto&amp;quot;&lt;br /&gt;
|+ &#039;&#039;Table 909.1.3. Typical Roles and Potential Contributions for TSMO Implementation&#039;&#039;&lt;br /&gt;
|-&lt;br /&gt;
! Role !! Potential TSMO Contribution&lt;br /&gt;
|-&lt;br /&gt;
| &#039;&#039;&#039;Transportation Management Center (TMC) Operator&#039;&#039;&#039; || Monitor traffic conditions, manage information systems, and coordinate incident response and traveler communication to maintain safe and efficient roadway operations.&lt;br /&gt;
|-&lt;br /&gt;
| &#039;&#039;&#039;Emergency Response Operator&#039;&#039;&#039; || Provide on-scene incident management, motorist assistance, and roadway clearance to restore normal traffic flow and enhance safety during disruptions.&lt;br /&gt;
|-&lt;br /&gt;
| &#039;&#039;&#039;Maintenance Technician&#039;&#039;&#039; || Implement maintenance related TSMO strategies; provide feedback and effort for continual improvement of these strategies and tools. &lt;br /&gt;
|-&lt;br /&gt;
| &#039;&#039;&#039;Traffic Operations Engineer&#039;&#039;&#039; || Implement traffic operations related TSMO strategies; provide feedback and effort for continual improvement of these strategies and tools. &lt;br /&gt;
|-&lt;br /&gt;
| &#039;&#039;&#039;Transportation Planner&#039;&#039;&#039; || Incorporate TSMO and other traditional transportation improvement strategies into planning efforts, as appropriate.&lt;br /&gt;
|-&lt;br /&gt;
| &#039;&#039;&#039;Design Staff&#039;&#039;&#039; || Consider TSMO as a key element of design, where applicable, either as a direct improvement for the specific application or as an opportunity for the continuation of existing TSMO strategies.&lt;br /&gt;
|-&lt;br /&gt;
| &#039;&#039;&#039;Construction Inspector&#039;&#039;&#039; || Coordinate with appropriate personnel when modifying design elements or inspecting TSMO related infrastructure. &lt;br /&gt;
|-&lt;br /&gt;
| &#039;&#039;&#039;Work Zone Specialists&#039;&#039;&#039; || Oversee temporary traffic control in construction zones; review and manage Transportation Management Plans (TMPs), ensure proper setup and quality of traffic control devices, assess risks, and provide input during planning and post-construction reviews to enhance safety and minimize disruptions.&lt;br /&gt;
|-&lt;br /&gt;
| &#039;&#039;&#039;Information Systems Manager&#039;&#039;&#039; || Provide oversight and management of field and central communications systems, computer and software, and other information systems resources.&lt;br /&gt;
|-&lt;br /&gt;
| &#039;&#039;&#039;Human Resources Specialist&#039;&#039;&#039; || Incorporate relevant related skills and experience into position descriptions where TSMO expertise is needed; assist with training programs to improve the knowledge, skills, and abilities of existing operations personnel.&lt;br /&gt;
|-&lt;br /&gt;
| &#039;&#039;&#039;Emergency Management Agencies&#039;&#039;&#039; || Support TSMO implementation by providing coordinated incident response, traffic control, emergency medical services, and roadway clearance; collaborate with MoDOT and TMC staff, when applicable, to improve incident management, responder safety, and system recovery during emergencies and planned events.&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
===909.1.4 TSMO Implementation Framework=== &lt;br /&gt;
The TSMO Implementation Framework provides a structured approach for MoDOT to translate its mission and agency goals into actionable objectives and strategies. It supports the development of purpose-driven, measurable strategies aligned with statewide priorities. This framework serves as a bridge between MoDOT’s overarching mission and the specific strategies implemented across the TSMO program. Effective implementation of these goals relies on coordination across disciplines, integration throughout project phases, and collaboration with internal and external partners. &lt;br /&gt;
&lt;br /&gt;
Table 909.1.4.1 identifies the core programmatic elements, MoDOT’s goals and associated objectives, that guide how TSMO is planned, implemented, and evaluated.&lt;br /&gt;
&lt;br /&gt;
{| class=&amp;quot;wikitable&amp;quot; style=&amp;quot;margin:auto&amp;quot;&lt;br /&gt;
|+ &#039;&#039;Table 909.1.4.1 Programmatic Element&#039;&#039;&lt;br /&gt;
|-&lt;br /&gt;
! Goal !! Objective&lt;br /&gt;
|-&lt;br /&gt;
| &#039;&#039;&#039;Safety&#039;&#039;&#039; || Reduce crash frequency and severity through proactive deployment of TSMO strategies (e.g., incident management, work zone safety, network operations).&lt;br /&gt;
|-&lt;br /&gt;
| &#039;&#039;&#039;Reliability&#039;&#039;&#039; || Support predictable and consistent travel times across the system by proactively managing congestion and incidents.&lt;br /&gt;
|-&lt;br /&gt;
| &#039;&#039;&#039;Efficiency&#039;&#039;&#039; || Operate MoDOT’s existing system efficiently and effectively through the application of TSMO strategies, as appropriate, to improve performance and inform decisions regarding potential capacity expansion.&lt;br /&gt;
|-&lt;br /&gt;
| &#039;&#039;&#039;Customer Service&#039;&#039;&#039; || Support timely, accurate, and useful traveler information that enables informed decision-making.&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
Table 909.1.4.2 links MoDOT’s mission to measurable outcomes and example TSMO strategies, demonstrating how operations initiatives directly support statewide goals.&lt;br /&gt;
&lt;br /&gt;
{| class=&amp;quot;wikitable&amp;quot; style=&amp;quot;margin:auto&amp;quot;&lt;br /&gt;
|+ &#039;&#039;Table 909.1.4.2. Linking MoDOT Mission to Outcomes and Example TSMO Strategies&#039;&#039;&lt;br /&gt;
|-&lt;br /&gt;
! style=&amp;quot;width:400px&amp;quot; | Mission !! style=&amp;quot;width:400px&amp;quot; | High-Level Outcome !! Example TSMO Strategy&lt;br /&gt;
|-&lt;br /&gt;
| &#039;&#039;&#039;Improving safety (Moving Missourians safely)&#039;&#039;&#039; || Reduction in crashes, fatalities, and serious injuries; safer travel for all users || • [[#909.2.1_Traffic_Incident_Management|909.2.1 Traffic Incident Management]]&amp;lt;br&amp;gt;• [[#909.2.3_Road_Weather_Management|909.2.3 Road Weather Management]]&amp;lt;br&amp;gt;• [[#909.2.4_Work_Zone_Traffic_Management|909.2.4 Work Zone Traffic Management]]&amp;lt;br&amp;gt;• [[#909.3.1_Freeway_Operations_and_Management|909.3.1 Freeway Operations and Management]]&amp;lt;br&amp;gt;• [[#909.3.2_Arterial_Operations_and_Management|909.3.2 Arterial Operations and Management]]&lt;br /&gt;
|-&lt;br /&gt;
| &#039;&#039;&#039;Providing high-value, impactful solutions (Delivering efficient and innovative transportation projects; asset management)&#039;&#039;&#039; || Cost-effective improvements that maximize existing infrastructure and delay costly expansions || • [[#909.3.1_Freeway_Operations_and_Management|909.3.1 Freeway Operations and Management]]&amp;lt;br&amp;gt;• [[#909.3.2_Arterial_Operations_and_Management|909.3.2 Arterial Operations and Management]]&amp;lt;br&amp;gt;• [[#909.3.3_Freight_Operation|909.3.3 Freight Operation]]&amp;lt;br&amp;gt;• [[#909.3.4_Vulnerable_Road_Users|909.3.4 Vulnerable Road Users]]&lt;br /&gt;
|-&lt;br /&gt;
| &#039;&#039;&#039;Improving reliability and mobility (Operating a reliable transportation system; Building a prosperous economy for all Missourians)&#039;&#039;&#039; || Predictable travel times and improved system performance for people and freight || • [[#909.2.2_Transportation_Operations_for_Emergency_Incidents_or_Disasters|909.2.2 Transportation Operations for Emergency Incidents or Disasters]]&amp;lt;br&amp;gt;• [[#909.2.4_Work_Zone_Traffic_Management|909.2.4 Work Zone Traffic Management]]&amp;lt;br&amp;gt;• [[#909.2.5_Planned_Special_Event_Management|909.2.5 Planned Special Event Management]]&amp;lt;br&amp;gt;• [[#909.3.1_Freeway_Operations_and_Management|909.3.1 Freeway Operations and Management]]&amp;lt;br&amp;gt;• [[#909.3.5_Transit_Operation|909.3.5 Transit Operation]]&lt;br /&gt;
|-&lt;br /&gt;
| &#039;&#039;&#039;Providing useful and timely traveler information (Providing outstanding customer service)&#039;&#039;&#039; || Informed travel decisions by the public, increased user satisfaction || • [[#909.2.2_Transportation_Operations_for_Emergency_Incidents_or_Disasters|909.2.2 Transportation Operations for Emergency Incidents or Disasters]]&amp;lt;br&amp;gt;• [[#909.2.3_Road_Weather_Management|909.2.3 Road Weather Management]]&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
===909.1.5 Performance Metrics===&lt;br /&gt;
Performance metrics provide the foundation for evaluating how TSMO strategies contribute to the safety, reliability, efficiency, and customer experience of Missouri’s transportation system. MoDOT currently tracks performance through a combination of federal performance measures and internal performance management tools (e.g. [https://www.modot.org/tracker-measures-departmental-performance Tracker: Measures of Departmental Performance]). The following tables present example performance measures that may be used to assess the effectiveness of TSMO strategies related to both non-recurring delays (Table 909.1.5.1) and recurring delays (Table 909.1.5.2). &lt;br /&gt;
&lt;br /&gt;
These measures are not intended to represent required or standalone reporting metrics, but rather a menu of potential measures that can support analysis, planning, and evaluation efforts, as appropriate to the specific application, study type, or operational need. When applied, these metrics can help users identify opportunities for improvement and support data-driven decision-making.&lt;br /&gt;
&lt;br /&gt;
{| class=&amp;quot;wikitable&amp;quot; style=&amp;quot;margin:auto&amp;quot;&lt;br /&gt;
|+ &#039;&#039;Table 909.1.5.1 Linking MoDOT TSMO Strategies for Non-Recurring Delays to Performance Metrics&#039;&#039;&lt;br /&gt;
|-&lt;br /&gt;
! style=&amp;quot;width:400px&amp;quot; | Strategy !! style=&amp;quot;width:400px&amp;quot; | Goals !! Example Performance Metric&lt;br /&gt;
|-&lt;br /&gt;
| rowspan=&amp;quot;4&amp;quot; | &#039;&#039;&#039;[[#909.2.1_Traffic_Incident_Management|909.2.1 Traffic Incident Management]]&#039;&#039;&#039; || Enhance the &#039;&#039;&#039;safety&#039;&#039;&#039; of traveling public and incident responders || • Number of secondary crashes per incident&amp;lt;br&amp;gt;• Severity (fatalities/serious injuries) of secondary crashes&amp;lt;br&amp;gt;• Percent of incidents with secondary crashes recorded&amp;lt;br&amp;gt;• Number of responders struck-by crashes&amp;lt;br&amp;gt;• Severity of responder-involved crashes&amp;lt;br&amp;gt;• Percent of incidents with responder crash data recorded&lt;br /&gt;
|-&lt;br /&gt;
| Enhance &#039;&#039;&#039;reliability&#039;&#039;&#039; and &#039;&#039;&#039;efficiency&#039;&#039;&#039; of Missouri’s transportation system || • Average roadway clearance time&amp;lt;br&amp;gt;• Average incident clearance time&amp;lt;br&amp;gt;• Percent of incidents meeting clearance time targets&lt;br /&gt;
|-&lt;br /&gt;
| Strengthen &#039;&#039;&#039;coordination&#039;&#039;&#039;, &#039;&#039;&#039;communication&#039;&#039;&#039;, and &#039;&#039;&#039;collaboration&#039;&#039;&#039; between MoDOT and TIM partners || • Number of formalized agreements signed&amp;lt;br&amp;gt;• Number of multi-agency TIM meetings held annually&amp;lt;br&amp;gt;• Number of TIM trainings held annually&amp;lt;br&amp;gt;• Partner participation rate in meetings/exercises&lt;br /&gt;
|-&lt;br /&gt;
| Establish &#039;&#039;&#039;TIM policies&#039;&#039;&#039;, &#039;&#039;&#039;procedures&#039;&#039;&#039;, and &#039;&#039;&#039;protocols&#039;&#039;&#039; within MoDOT || • Number of formal TIM policies/protocols adopted&amp;lt;br&amp;gt;• Percent of TIM coordinator positions filled and active&lt;br /&gt;
|-&lt;br /&gt;
| rowspan=&amp;quot;2&amp;quot; | &#039;&#039;&#039;[[#909.2.2_Transportation_Operations_for_Emergency_Incidents_or_Disasters|909.2.2 Transportation Operations for Emergency Incidents or Disasters]]&#039;&#039;&#039; || Enhance &#039;&#039;&#039;safety&#039;&#039;&#039; and responder protection during emergency incidents || • Number of emergency-related crashes&amp;lt;br&amp;gt;• Severity (fatal/serious injury) of emergency-related crashes&amp;lt;br&amp;gt;• Percent of emergency incidents with responder safety data recorded&lt;br /&gt;
|-&lt;br /&gt;
| Improve &#039;&#039;&#039;reliability&#039;&#039;&#039; and &#039;&#039;&#039;speed&#039;&#039;&#039; of emergency response and system restoration || • Time to activate emergency operations&amp;lt;br&amp;gt;• Duration of emergency lane/road closures&amp;lt;br&amp;gt;• Percent of priority routes restored within target timeframes&amp;lt;br&amp;gt;• Emergency communication system uptime&amp;lt;br&amp;gt;• Average time to deploy emergency traffic control&lt;br /&gt;
|-&lt;br /&gt;
| rowspan=&amp;quot;3&amp;quot; | &#039;&#039;&#039;[[#909.2.3_Road_Weather_Management|909.2.3 Road Weather Management]]&#039;&#039;&#039; || Improve &#039;&#039;&#039;safety&#039;&#039;&#039; under adverse weather conditions || • Number of weather-related crashes, fatalities, and serious injuries&amp;lt;br&amp;gt;• Crash rate per weather event&lt;br /&gt;
|-&lt;br /&gt;
| Enhance &#039;&#039;&#039;operational readiness&#039;&#039;&#039; and &#039;&#039;&#039;timely&#039;&#039;&#039; roadway treatment || • Time to treat priority routes during storms&amp;lt;br&amp;gt;• Percent of network treated within specific time thresholds&amp;lt;br&amp;gt;• Materials usage efficiency (salt, brine, abrasives)&lt;br /&gt;
|-&lt;br /&gt;
| Improve &#039;&#039;&#039;traveler information&#039;&#039;&#039; accuracy during weather events || • Traveler information system accuracy rate during storms&amp;lt;br&amp;gt;• Number of travel information interactions (511 apps, CMS messages)&lt;br /&gt;
|-&lt;br /&gt;
| rowspan=&amp;quot;2&amp;quot; | &#039;&#039;&#039;[[#909.2.4_Work_Zone_Traffic_Management|909.2.4 Work Zone Traffic Management]]&#039;&#039;&#039; || Enhance &#039;&#039;&#039;safety&#039;&#039;&#039; for workers and motorists in work zones || • Number and rate of work zone crashes&amp;lt;br&amp;gt;• Number of work zone fatalities and serious injuries&amp;lt;br&amp;gt;• Number of work zone intrusions (near-miss events)&lt;br /&gt;
|-&lt;br /&gt;
| Improve &#039;&#039;&#039;mobility&#039;&#039;&#039; and reduce unexpected work zone delays || • Work-zone related delays&amp;lt;br&amp;gt;• Percent of work zones meeting mobility targets (queue length, speed, travel time)&amp;lt;br&amp;gt;• Average incident clearance time for work zone-related incidents&lt;br /&gt;
|-&lt;br /&gt;
| rowspan=&amp;quot;2&amp;quot; | &#039;&#039;&#039;[[#909.2.5_Planned_Special_Event_Management|909.2.5 Planned Special Event Management]]&#039;&#039;&#039; || Ensure &#039;&#039;&#039;safe&#039;&#039;&#039; travel conditions during special events || • Number and rate of special event-related crashes&amp;lt;br&amp;gt;• Vulnerable Road User (VRU) level of comfort/safety index near event venues&lt;br /&gt;
|-&lt;br /&gt;
| Improve &#039;&#039;&#039;mobility&#039;&#039;&#039; and minimize event-related congestion || • Travel time reliability during event periods&amp;lt;br&amp;gt;• Vehicle and pedestrian throughput at key access points&amp;lt;br&amp;gt;• Percent of events meeting planned operational performance targets&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
{| class=&amp;quot;wikitable&amp;quot; style=&amp;quot;margin:auto&amp;quot;&lt;br /&gt;
|+ &#039;&#039;Table 909.1.5.2 Linking MoDOT TSMO Strategies for Recurring Delays to Performance Metrics&#039;&#039;&lt;br /&gt;
|-&lt;br /&gt;
! style=&amp;quot;width:400px&amp;quot; | Strategy !! style=&amp;quot;width:400px&amp;quot; | Goals !! Example Performance Metric&lt;br /&gt;
|-&lt;br /&gt;
| rowspan=&amp;quot;3&amp;quot; | &#039;&#039;&#039;[[#909.3.1_Freeway_Operations_and_Management|909.3.1 Freeway Operations and Management]]&#039;&#039;&#039; || Support &#039;&#039;&#039;safety&#039;&#039;&#039; on managed freeway facilities || • Number and rate of crashes on freeway segments&amp;lt;br&amp;gt;• Number of secondary crashes&lt;br /&gt;
|-&lt;br /&gt;
| Improve &#039;&#039;&#039;travel reliability&#039;&#039;&#039; on freeway corridors || • Travel time reliability index&amp;lt;br&amp;gt;• Planning time index&lt;br /&gt;
|-&lt;br /&gt;
| Enhance operational &#039;&#039;&#039;efficiency&#039;&#039;&#039; on freeway corridors || • Average travel speed and delay&amp;lt;br&amp;gt;• Vehicle and truck throughput&amp;lt;br&amp;gt;• Number of recurring congestion hotspots mitigated&lt;br /&gt;
|-&lt;br /&gt;
| rowspan=&amp;quot;3&amp;quot; | &#039;&#039;&#039;[[#909.3.2_Arterial_Operations_and_Management|909.3.2 Arterial Operations and Management]]&#039;&#039;&#039; || Enhance &#039;&#039;&#039;safety&#039;&#039;&#039; at signalized intersections and arterials || • Crash frequency and severity at signalized intersections&amp;lt;br&amp;gt;• Pedestrian and bicycle crash rate&lt;br /&gt;
|-&lt;br /&gt;
| Improve &#039;&#039;&#039;efficiency&#039;&#039;&#039; of arterial traffic flow || • Arterial travel time and delay&amp;lt;br&amp;gt;• Signal progression quality (arrival on green, bandwidth)&amp;lt;br&amp;gt;• Number of mitigated congestion hotspots&lt;br /&gt;
|-&lt;br /&gt;
| Enhance &#039;&#039;&#039;reliability&#039;&#039;&#039; of multimodal arterial operations || • Transit signal delay at signals (if applicable)&amp;lt;br&amp;gt;• Pedestrian crossing delay&lt;br /&gt;
|-&lt;br /&gt;
| rowspan=&amp;quot;2&amp;quot; | &#039;&#039;&#039;[[#909.3.3_Freight_Operation|909.3.3 Freight Operation]]&#039;&#039;&#039; || Improve &#039;&#039;&#039;efficiency&#039;&#039;&#039; on key freight corridors || • Truck delay at bottlenecks&amp;lt;br&amp;gt;• Freight throughput (corridor or intermodal facility)&lt;br /&gt;
|-&lt;br /&gt;
| Enhance &#039;&#039;&#039;reliability&#039;&#039;&#039; of freight travel || • Truck travel time reliability index&amp;lt;br&amp;gt;• Number of freight-related congestion hotspots mitigated&lt;br /&gt;
|-&lt;br /&gt;
| rowspan=&amp;quot;3&amp;quot; | &#039;&#039;&#039;[[#909.3.4_Vulnerable_Road_Users|909.3.4 Vulnerable Road Users]]&#039;&#039;&#039; || Enhance &#039;&#039;&#039;safety&#039;&#039;&#039; and &#039;&#039;&#039;comfort&#039;&#039;&#039; for Vulnerable Road Users (VRUs) || • Number and rate of VRU crashes&amp;lt;br&amp;gt;• VRU level of comfort/safety index&lt;br /&gt;
|-&lt;br /&gt;
| Improve &#039;&#039;&#039;connectivity&#039;&#039;&#039; for walking and bicycling || • Miles of connected pedestrian/bicycle facilities&amp;lt;br&amp;gt;• Percent of network meeting connectivity standards&lt;br /&gt;
|-&lt;br /&gt;
| Support &#039;&#039;&#039;sustainable&#039;&#039;&#039;, multimodal travel options || • Share of trips completed using active modes&lt;br /&gt;
|-&lt;br /&gt;
| rowspan=&amp;quot;3&amp;quot; | &#039;&#039;&#039;[[#909.3.5_Transit_Operation|909.3.5 Transit Operation]]&#039;&#039;&#039; || Enhance &#039;&#039;&#039;mobility&#039;&#039;&#039; of transit users || • Passenger throughput per route or corridor&amp;lt;br&amp;gt;• Average transit travel time&lt;br /&gt;
|-&lt;br /&gt;
| Improve transit &#039;&#039;&#039;reliability&#039;&#039;&#039; and on-time performance || • Percent of on-time arrivals&amp;lt;br&amp;gt;• Transit travel time reliability (travel adherence)&lt;br /&gt;
|-&lt;br /&gt;
| Improve customer experience and multimodal access || • Customer satisfaction survey results&amp;lt;br&amp;gt;• Pedestrian access quality (stop accessibility index)&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
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&lt;br /&gt;
==909.2 Non-Congested Route (Non-Recurring Delays)==&lt;br /&gt;
&lt;br /&gt;
==909.2.1 Traffic Incident Management==&lt;br /&gt;
Traffic Incident Management (TIM) can help reduce the impact of roadway incidents by coordinating detection, response, and clearance activities among transportation, law enforcement, fire, EMS, towing, and other partners.&lt;br /&gt;
&lt;br /&gt;
While crashes, disabled vehicles, and cargo spills are the most common focus of TIM programs, there are a broader set of disruptions that can also be monitored including:&lt;br /&gt;
* Debris in the roadway &lt;br /&gt;
* Grass fires &lt;br /&gt;
* Lane-blocking emergency vehicles &lt;br /&gt;
* Vehicle fires &lt;br /&gt;
* Heavy congestion&lt;br /&gt;
&lt;br /&gt;
By incorporating this broader incident set, TIM strategies ensure operators and responders are prepared for a wide range of events that may impact traveler safety and network performance. The following sections outline strategies for TIM.&lt;br /&gt;
&lt;br /&gt;
&amp;lt;div style=&amp;quot;margin-top: 5px; background-color: #f8f9fa; padding: 0.3em; border: 1px solid #a2a9b1; text-align:left;&amp;quot;&amp;gt;&lt;br /&gt;
&#039;&#039;&#039;Users:&#039;&#039;&#039;&lt;br /&gt;
* TMC Operators → Detect and coordinate response ([[#909.2.1.3 Components|909.2.1.3 Components]]), disseminate traveler information ([[#909.2.1.1 Traffic Incident Management Plans|909.2.1.1 Traffic Incident Management Plans]]).&lt;br /&gt;
* Maintenance Technicians → Assist with clearance and roadway restoration ([[#909.2.1.3 Components|909.2.1.3 Components]]).&lt;br /&gt;
* Emergency Management Agencies → Critical frontline responders ([[#909.2.1.2 Stakeholders|909.2.1.2 Stakeholders]]).&lt;br /&gt;
&amp;lt;/div&amp;gt;&lt;br /&gt;
&lt;br /&gt;
===909.2.1.1 Traffic Incident Management Plans===&lt;br /&gt;
Traffic incidents occur without warning at any time and location on the highway system. On all segments of the interstate and freeway highway system, TIM plans should be developed in coordination with law enforcement and local responders to:&lt;br /&gt;
* Reduce response and clearance times.&lt;br /&gt;
* Develop alternate plans for handling affected traffic.&lt;br /&gt;
* Communicate and coordinate between first responders. &lt;br /&gt;
* Communicate traffic impacts to motorists.&lt;br /&gt;
&lt;br /&gt;
Reference [[:Category:948_Incident_Response_Plan_and_Emergency_Response_Management|EPG 948 Incident Response Plan and Emergency Response Management]] for additional information.&lt;br /&gt;
&lt;br /&gt;
===909.2.1.2 Stakeholders===&lt;br /&gt;
Effective TIM depends on collaboration among a wide range of partners. Law enforcement, fire/rescue, EMS, and towing operators provide immediate on-scene response, while MoDOT personnel and TMCs deliver critical support through detection, traffic control, and traveler information. Each stakeholder brings unique capabilities, and coordinated multi-agency response supports faster clearance, safer conditions for responders, and more reliable outcomes for the traveling public.&lt;br /&gt;
&lt;br /&gt;
===909.2.1.3 Components===&lt;br /&gt;
The core components of TIM—detection, verification, response, clearance, and recovery—create a structured framework for managing roadway incidents. Detection and verification confirm the incident type and location; coordinated response mobilizes the appropriate agencies; clearance restores traffic lanes and removes hazards; and recovery ensures the roadway is returned to normal operation. Addressing each component systematically reduces incident duration and enhances both safety and reliability.&lt;br /&gt;
&lt;br /&gt;
==909.2.2 Transportation Operations for Emergency Incidents or Disasters==&lt;br /&gt;
Emergency operations support safe and effective evacuation and mobility during disasters such as floods, tornadoes, earthquakes, or other emergencies. The following sections outline strategies for emergency operations during disasters.&lt;br /&gt;
 &lt;br /&gt;
&amp;lt;div style=&amp;quot;margin-top: 5px; background-color: #f8f9fa; padding: 0.3em; border: 1px solid #a2a9b1; text-align:left;&amp;quot;&amp;gt;&lt;br /&gt;
&#039;&#039;&#039;Users:&#039;&#039;&#039;&lt;br /&gt;
* Emergency Management Agencies → Coordinate disaster response ([[#909.2.2.1 Frameworks and Coordination|909.2.2.1 Frameworks and Coordination]]).&lt;br /&gt;
* Transportation Planners → Prepare evacuation plans ([[#909.2.2.2 Preparedness and Planning|909.2.2.2 Preparedness and Planning]]).&lt;br /&gt;
* Traffic Operations Engineers → Manage ingress and egress traffic flow ([[#909.2.2.3 Operational Strategies During Disasters|909.2.2.3 Operational Strategies During Disasters]]).&lt;br /&gt;
* TMC Operators → Monitor evacuation routes and push real-time traveler information ([[#909.2.2.3 Operational Strategies During Disasters|909.2.2.3 Operational Strategies During Disasters]]).&lt;br /&gt;
&amp;lt;/div&amp;gt;&lt;br /&gt;
&lt;br /&gt;
===909.2.2.1 Frameworks and Coordination===&lt;br /&gt;
MoDOT’s emergency transportation operations should align with the National Incident Management System (NIMS) and the Incident Command System (ICS). These frameworks establish the standard structure, terminology, and coordination processes for incident and disaster response at the local, state, and federal levels.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;National Incident Management System (NIMS)&#039;&#039;&#039;:&lt;br /&gt;
* Provides a nationwide approach for incident management and coordination.&lt;br /&gt;
* Provides emergency transportation operations guidance for interoperable collaboration with law enforcement, fire, EMS, emergency management, and federal partners.&lt;br /&gt;
* Establishes common terminology, communication protocols, and resource management procedures to support multi-agency operations.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Incident Command System (ICS)&#039;&#039;&#039;:&lt;br /&gt;
* Serves as the on-scene management structure for all types of incidents.&lt;br /&gt;
* Defines clear roles, responsibilities, and reporting relationships across agencies.&lt;br /&gt;
* Provides guidance on unified command structures, filling roles such as transportation branch directors, field observers, or technical specialists.&lt;br /&gt;
* Provides flexibility to scale operations for localized or statewide events.&lt;br /&gt;
&lt;br /&gt;
For detailed response information, please contact MoDOT’s Safety and Emergency Management.&lt;br /&gt;
&lt;br /&gt;
===909.2.2.2 Preparedness and Planning===&lt;br /&gt;
* Develop and exercise evacuation and emergency operations plans.&lt;br /&gt;
* Use simulation and scenario testing to identify gaps and strengthen interagency protocols.&lt;br /&gt;
* Establish pre-designated staging areas for resource allocation, evacuation support, and vehicle marshaling.&lt;br /&gt;
&lt;br /&gt;
===909.2.2.3 Operational Strategies During Disasters===&lt;br /&gt;
* &#039;&#039;&#039;Traffic Management&#039;&#039;&#039;: Complete rapid damage assessment and plan and publish routes for ingress and egress to the impacted area.&lt;br /&gt;
* &#039;&#039;&#039;Multimodal Evacuations&#039;&#039;&#039;: Utilize buses, school buses, and regional transit providers to assist in large-scale evacuations.&lt;br /&gt;
* &#039;&#039;&#039;Route Monitoring&#039;&#039;&#039;: Employ field observations, cameras, and sensors to track evacuation route conditions in real time.&lt;br /&gt;
* &#039;&#039;&#039;Public Information&#039;&#039;&#039;: Provide timely traveler information, evacuation messaging, and updates in coordination with media partners.&lt;br /&gt;
&lt;br /&gt;
==909.2.3 Road Weather Management== &lt;br /&gt;
Road Weather Management strategies improve mobility, reliability, and safety during weather events through strategies such as targeted traveler information, warnings, and operational interventions. The following sections outline strategies for road weather management.&lt;br /&gt;
&lt;br /&gt;
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&#039;&#039;&#039;Users:&#039;&#039;&#039;&lt;br /&gt;
* TMC Operators → Operate dynamic message signs and push alerts ([[#909.2.3.1 Road Weather Warnings/Alerts and Dynamic Message Signs|909.2.3.1 Road Weather Warnings/Alerts and Dynamic Message Signs]]; [[#909.2.3.2 Road Weather Information Systems|909.2.3.2 Road Weather Information Systems]]).&lt;br /&gt;
* Maintenance Technicians → Respond to weather conditions, deploy treatment ([[#909.2.3.2 Road Weather Information Systems|909.2.3.2 Road Weather Information Systems]]).&lt;br /&gt;
* Traffic Operations Engineers → Integrate road weather information systems data ([[#909.2.3.1 Road Weather Warnings/Alerts and Dynamic Message Signs|909.2.3.1 Road Weather Warnings/Alerts and Dynamic Message Signs]]; [[#909.2.3.2 Road Weather Information Systems|909.2.3.2 Road Weather Information Systems]]).&lt;br /&gt;
&amp;lt;/div&amp;gt;&lt;br /&gt;
 &lt;br /&gt;
===909.2.3.1 Road Weather Warnings/Alerts and Dynamic Message Signs===&lt;br /&gt;
Used to display real-time information to warn motorists of roadway incidents, construction or congestion ahead that could pose a hazard or cause delays.&lt;br /&gt;
&lt;br /&gt;
Procedures for Dynamic Message Signs are outlined in [[910.3_Dynamic_Message_Signs_(DMS)|EPG 910.3 Dynamic Message Signs (DMS)]].&lt;br /&gt;
&lt;br /&gt;
===909.2.3.2 Road Weather Information Systems===&lt;br /&gt;
Road Weather Information Systems (RWIS) provide real-time data on weather and roadway conditions to support transportation system operations and maintenance activities. These systems collect information such as air and pavement temperatures, precipitation, visibility, and surface conditions to help inform operational decisions. Data may be collected through field sensors, third-party weather service providers, or a combination of both, depending on system needs and available resources.&lt;br /&gt;
&lt;br /&gt;
==909.2.4 Work Zone Traffic Management== &lt;br /&gt;
Work zone strategies reduce risk to workers and travelers while minimizing delays during construction and maintenance activities. These strategies apply to both short-term and long-term work zones, recognizing that every project, regardless of duration, can significantly affect roadway operations and safety. &lt;br /&gt;
&lt;br /&gt;
Effective work zone traffic management begins early in project development. Once a project design has been determined, the [https://epg.modot.org/forms/general_files/TS/WZ_Impact_Analysis.xlsm MoDOT Work Zone Impact Analysis Spreadsheet] assists in identifying which work zone strategies should be incorporated to provide real-time information and warnings to motorists, supporting both safety and traffic mobility through the project corridor.&lt;br /&gt;
&lt;br /&gt;
The [[media:909_WZM_Guidebook.pdf|Work Zone Management Guidebook]] serves as a comprehensive reference for planning and implementing work zone traffic management. The Guidebook covers a range of tools and strategies, from temporary traffic control and traveler information systems to smart work zone technologies, and is intended to help project teams maximize safety and minimize traffic impacts across all project types and durations. It also includes information about the use of law enforcement in work zones, contractor management and work zone inspections. The following sections outline key strategies for work zone traffic management.&lt;br /&gt;
&lt;br /&gt;
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&#039;&#039;&#039;Users:&#039;&#039;&#039;&lt;br /&gt;
* Design Staff → Incorporate TMP and ITS strategies into project design, when practical ([[#909.2.4.1 Traffic Management Plan|909.2.4.1 Traffic Management Plan]]; [[#909.2.4.4 Use of Intelligent Transportation Systems|909.2.4.4 Use of Intelligent Transportation Systems]]).&lt;br /&gt;
* Work Zone Specialists → Review and manage TMPs, oversee traffic control device setup, and ensure compliance with MoDOT standards ([[#909.2.4.1 Traffic Management Plan|909.2.4.1 Traffic Management Plan]]; [[#909.2.4.2 Traffic Incident Management Plan|909.2.4.2 Traffic Incident Management Plan]]).&lt;br /&gt;
* Construction Inspectors → Enforce work zone traffic control measures ([[#909.2.4.2 Traffic Incident Management Plan|909.2.4.2 Traffic Incident Management Plan]]).&lt;br /&gt;
* Traffic Operations Engineers → Oversee ITS integration and system strategies ([[#909.2.4.3 Smart Work Zones|909.2.4.3 Smart Work Zones]];  [[#909.2.4.4 Use of Intelligent Transportation Systems|909.2.4.4 Use of Intelligent Transportation Systems]]).&lt;br /&gt;
* TMC Operators → Monitor work zones and disseminate real-time traveler information ([[#909.2.4.4 Use of Intelligent Transportation Systems|909.2.4.4 Use of Intelligent Transportation Systems]]).&lt;br /&gt;
&amp;lt;/div&amp;gt;&lt;br /&gt;
&lt;br /&gt;
===909.2.4.1 Traffic Management Plan===&lt;br /&gt;
The Transportation Management Plan (TMP) consists of strategies to manage the work zone impacts of a project. Each TMP is tailored to the unique conditions of a project and typically incorporates three coordinated elements: Traffic Control Plan (TCP), Traffic Operations (TO), and Public Information and Outreach (PIO). &lt;br /&gt;
&lt;br /&gt;
As an initial step, a project design should be selected to eliminate or minimize additional delays and traffic queueing during construction. [[616.19_Work_Zone_Capacity,_Queue_and_Travel_Delay|EPG 616.19 Work Zone Capacity, Queue and Travel Delay]] provides tools to assess the traffic impact of the proposed project design(s).&lt;br /&gt;
&lt;br /&gt;
For additional detail on the required elements, development process, and documentation standards for TMPs, reference [[616.20_Work_Zone_Safety_and_Mobility_Policy#616.20.9_Work_Zone_Transportation_Management_Plan|EPG 616.20.9 Work Zone Transportation Management Plan]]. For additional information on developing Work Zone Traffic Management JSPs for use in core team meetings, reference [[616.20_Work_Zone_Safety_and_Mobility_Policy#616.20.7_Significant_Projects|EPG 616.20.7 Significant Projects]].&lt;br /&gt;
&lt;br /&gt;
===909.2.4.2 Traffic Incident Management Plan===&lt;br /&gt;
When traffic incidents occur within a work zone, it is important to clear the incident and restore traffic as quickly as possible. To aid in this effort, a project-based traffic incident management (TIM) plan should be developed for all significant projects on interstate and freeways.&lt;br /&gt;
&lt;br /&gt;
Reference [[#909.2.1.1 Traffic Incident Management Plans|EPG 909.2.1.1 Traffic Incident Management (TIM) Plans]] for additional information.&lt;br /&gt;
&lt;br /&gt;
===909.2.4.3 Smart Work Zones===&lt;br /&gt;
Smart work zones integrate temporary Intelligent Transportation Systems (ITS) technologies into construction and maintenance areas to improve safety for workers and motorists and to reduce traffic delays. These systems use real-time monitoring, detection, and communication tools to provide dynamic information and warnings to travelers based on actual conditions within and upstream of the work zone.&lt;br /&gt;
&lt;br /&gt;
Smart work zone strategy information is available at [[616.19_Work_Zone_Capacity,_Queue_and_Travel_Delay#616.19.6.3_Smart_Work_Zone_(SWZ)_Strategy_Selection|EPG 616.19.6.3 Smart Work Zone (SWZ) Strategy Selection]]. MoDOT has used, but is not limited to, the following smart work zone strategies:&lt;br /&gt;
* Construction Vehicle Warning System&lt;br /&gt;
* Dynamic Late (Zipper) Merge System&lt;br /&gt;
* Queue Warning System&lt;br /&gt;
* Speed Warning System&lt;br /&gt;
* Work Zone ITS and Temporary Traffic Incident Management System&lt;br /&gt;
* Travel Time Advisory System&lt;br /&gt;
* Travel Time Advisory System with Alternate Routes&lt;br /&gt;
&lt;br /&gt;
For additional guidance on smart work zone strategy selection during project delivery and development, refer to [[616.20_Work_Zone_Safety_and_Mobility_Policy|EPG 616.20 Work Zone Safety and Mobility Policy]]. Additional information can also be found in [[616.19_Work_Zone_Capacity,_Queue_and_Travel_Delay|EPG 616.19 Work Zone Capacity, Queue and Travel Delay]].&lt;br /&gt;
&lt;br /&gt;
===909.2.4.4 Use of Intelligent Transportation Systems===&lt;br /&gt;
Intelligent Transportation Systems (ITS) devices (cameras, sensors, communication systems) provide detection and real-time monitoring of work zones.&lt;br /&gt;
&lt;br /&gt;
Procedures for ITS devices are outlined in [[:Category:910_Intelligent_Transportation_Systems|EPG 910 Intelligent Transportation Systems]].&lt;br /&gt;
&lt;br /&gt;
==909.2.5 Planned Special Event Management==&lt;br /&gt;
Special event management strategies ensure safe and efficient mobility during large gatherings, sporting events, and other planned activities. The following sections outline strategies for planned special event management.&lt;br /&gt;
&lt;br /&gt;
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&#039;&#039;&#039;Users:&#039;&#039;&#039;&lt;br /&gt;
* Transportation Planners → Develop TMPs for special events and coordinate agencies ([[#909.2.5.1 Pre-Event Planning|909.2.5.1 Pre-Event Planning]]; [[#909.2.5.4 Post-Event Evaluation|909.2.5.4 Post-Event Evaluation]]).&lt;br /&gt;
* Traffic Operations Engineers → Design strategies for traffic flow and multimodal support ([[#909.2.5.2 Implementation|909.2.5.2 Implementation]]).&lt;br /&gt;
* TMC Operators → Manage day-of-event operations and traveler communications ([[#909.2.5.3 Day-of-Event Operations|909.2.5.3 Day-of-Event Operations]]).&lt;br /&gt;
* Emergency Management Agencies → Manage access, safety, and enforcement ([[#909.2.5.2 Implementation|909.2.5.2 Implementation]]).&lt;br /&gt;
&amp;lt;/div&amp;gt; &lt;br /&gt;
&lt;br /&gt;
===909.2.5.1 Pre-Event Planning===&lt;br /&gt;
* Develop Transportation Management Plans (TMPs) with input from MoDOT, local agencies, law enforcement, transit providers, and event organizers.&lt;br /&gt;
* Identify needs for Emergency Operations Center (EOC) and Joint Operations Center (JOC) activation, staffing augmentation, and resource staging for high-profile or large-scale events (e.g., sporting events, major concerts, parades, funerals, festivals, eclipse, political events).&lt;br /&gt;
* Plan for multimodal access (transit, walking, biking) and freight restrictions, where applicable.&lt;br /&gt;
&lt;br /&gt;
===909.2.5.2 Implementation===&lt;br /&gt;
* Deploy traffic control devices, signage, and ITS in advance of the event.&lt;br /&gt;
* Coordinate with law enforcement and emergency management on enforcement zones, access control, and responder staging.&lt;br /&gt;
* Conduct interagency briefings to confirm roles, responsibilities, and communication protocols.&lt;br /&gt;
&lt;br /&gt;
===909.2.5.3 Day-of-Event Operations===&lt;br /&gt;
* Manage traffic and crowd circulation using TMC monitoring, field staff, and real-time traveler information (dynamic message signs, push alerts, social media).&lt;br /&gt;
* Coordinate with EOC/JOC if activated to ensure situational awareness and resource support.&lt;br /&gt;
* Adjust plans dynamically to address congestion, incidents, or security needs.&lt;br /&gt;
&lt;br /&gt;
===909.2.5.4 Post-Event Evaluation===&lt;br /&gt;
* Conduct after-action reviews with MoDOT staff, law enforcement, emergency management, and event organizers.&lt;br /&gt;
* Document lessons learned, identify gaps in staffing or coordination, and refine TMPs for future events.&lt;br /&gt;
* Capture performance measures such as clearance times, delay estimates, and traveler feedback.&lt;br /&gt;
&lt;br /&gt;
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==909.3 Congested Route (Recurring Delays)==&lt;br /&gt;
&lt;br /&gt;
==909.3.1 Freeway Operations and Management==&lt;br /&gt;
Freeway operations strategies help enhance safety, reduce recurring congestion, and improve travel time reliability on major corridors. The following sections outline some strategies for freeway operations and management. Not all strategies discussed below are currently used in Missouri; however, they are included to provide a range of options that may be considered based on context, needs, and available resources.&lt;br /&gt;
 &lt;br /&gt;
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&#039;&#039;&#039;Users:&#039;&#039;&#039;&lt;br /&gt;
* TMC Operators → Monitor and adjust dynamic controls, coordinate corridor operations, and manage incident response ([[#909.3.1.1_Ramp_Management_and_Control|909.3.1.1 Ramp Management and Control]]; [[#909.3.1.3 Dynamic Speed Limits|909.3.1.3 Dynamic Speed Limits]]; [[#909.3.1.4 Queue Warning|909.3.1.4 Queue Warning]]; [[#909.3.1.6 Transportation Management Centers|909.3.1.5 Transportation Management Centers]]).&lt;br /&gt;
* Traffic Operations Engineers → Design freeway operations strategies, oversee policy-sensitive strategies, and evaluate corridor performance ([[#909.3.1.2 Part-Time Shoulder Use (Hard Shoulder Running)|909.3.1.2 Part-Time Shoulder Use]]; [[#909.3.1.5 Transportation Management Centers|909.3.1.5 Traffic Management Centers]]; [[#909.3.1.6 Managed Lanes|909.3.1.6 Managed Lanes]]).&lt;br /&gt;
* Information Systems Managers → Maintain ITS infrastructure, support automated detection, and ensure system integration for real-time operations ([[#909.3.1.5 Transportation Management Centers|909.3.1.5 Transportation Management Centers]]; [[#909.3.1.7 Automated Incident Detection|909.3.1.7 Automated Incident Detection]]).&lt;br /&gt;
&amp;lt;/div&amp;gt; &lt;br /&gt;
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&#039;&#039;&#039;Policy Coordination&#039;&#039;&#039; – It is encouraged that any consideration or application of the following strategies should be closely coordinated with applicable Central Office staff, including the Highway Safety and Traffic Division, as well as other related divisions to support consistency with  MoDOT policy, design standards, and operational practices.&lt;br /&gt;
&amp;lt;/div&amp;gt;&lt;br /&gt;
 &lt;br /&gt;
===909.3.1.1 Ramp Management and Control===&lt;br /&gt;
Ramp management and control strategies, including ramp metering and adaptive ramp management, regulate vehicle entry onto freeways to improve merging operations, reduce conflicts, and smooth overall traffic flow. This remains a dynamic application where it is implemented, with operational adjustments based on corridor conditions.&lt;br /&gt;
&lt;br /&gt;
Currently, Missouri does not operate continuous ramp metering systems. Instead, ramp meters are activated dynamically based on real-time traffic conditions when metrics (such as speed, volume, and/or density) exceed predefined thresholds. &lt;br /&gt;
&lt;br /&gt;
===909.3.1.2 Part-Time Shoulder Use (Hard Shoulder Running)===&lt;br /&gt;
Part-time shoulder use, also known as hard shoulder running, allows roadway shoulders to serve as temporary travel lanes during peak periods, incidents, or emergencies. Applications may be designed for all vehicles or limited to transit operations.&lt;br /&gt;
&lt;br /&gt;
This strategy is increasingly being implemented by peer agencies across the country, particularly in corridors with limited right-of-way or peak-period capacity needs. While Missouri does not currently have any active applications of part-time shoulder use, the concept may present opportunities in select corridors - especially where traditional widening is not feasible and where shoulders are constructed to full-depth pavement standards.&lt;br /&gt;
&lt;br /&gt;
===909.3.1.3 Dynamic Speed Limits===&lt;br /&gt;
Dynamic speed limits adjust posted speed limits in real time based on conditions such as traffic flow, weather, or incidents. This approach has been applied by several peer agencies to improve safety, smooth traffic flow, and reduce crash risk.&lt;br /&gt;
&lt;br /&gt;
In Missouri, there are no permanent applications of dynamic speed limits in routine freeway operations. However, the strategy may hold value in temporary, controlled environments, particularly in work zones, where changing conditions may warrant more flexible speed management.&lt;br /&gt;
&lt;br /&gt;
===909.3.1.4 Queue Warning===&lt;br /&gt;
Queue warning systems are designed to alert motorists of slow or stopped traffic ahead, helping to reduce the likelihood of sudden braking and rear-end collisions. In Missouri, queue warning is typically implemented using probe data to identify travel times, including delays associated with downstream incidents or congestion, and to display warning messages on Dynamic Message Signs (DMS). &lt;br /&gt;
&lt;br /&gt;
In work zones, queue warning applications commonly include the use of probe data linked to DMS, as well as sensor-based systems that detect traffic conditions and trigger messages on Changeable Message Signs (CMS). These approaches help provide advance warning to drivers when queues form due to temporary capacity constraints and changing traffic conditions. &lt;br /&gt;
&lt;br /&gt;
Effective implementation requires appropriate placement of signs upstream of anticipated queue locations and consideration of roadway speeds to ensure adequate driver perception and reaction time.&lt;br /&gt;
&lt;br /&gt;
===909.3.1.5 Transportation Management Centers===&lt;br /&gt;
Transportation Management Centers (TMCs) serve as the operational backbone of ICM. From TMCs, MoDOT staff monitor real-time traffic conditions, manage ITS devices, coordinate incident response, and adjust strategies such as ramp metering or queue warning. This centralized approach enables proactive management of corridors, supporting safety and reliability during incidents, work zones, and peak travel periods.&lt;br /&gt;
&lt;br /&gt;
===909.3.1.6 Managed Lanes===&lt;br /&gt;
Managed lanes are roadway segments where access and use are actively regulated to improve traffic flow, safety, or reliability. Common approaches used nationally include bus-only lanes and truck-only lanes. These treatments are typically considered in locations with recurring congestion, limited right-of-way, or freight movement challenges.&lt;br /&gt;
&lt;br /&gt;
At present, Missouri has no active managed lane facilities.&lt;br /&gt;
&lt;br /&gt;
===909.3.1.7 Automated Incident Detection===&lt;br /&gt;
Automated incident detection systems use roadside sensors, video feeds, and software algorithms to identify crashes, stalled vehicles, or other disruptions in real time. These systems often integrate data analytics with CCTV camera footage to detect unusual traffic patterns or stopped vehicles more quickly than traditional operator observation alone. By providing earlier notification of likely incidents, automated detection enhances safety, reduces secondary crashes, and improves response times for emergency and traffic management personnel.&lt;br /&gt;
&lt;br /&gt;
==909.3.2 Arterial Operations and Management==&lt;br /&gt;
Arterial operations strategies help improve mobility, safety, and reliability on surface streets through targeted improvements, signal operations, and multimodal accommodations. These strategies focus on reducing congestion at bottlenecks, enhancing intersection performance, and supporting consistent travel across urban and suburban corridors.&lt;br /&gt;
&lt;br /&gt;
In Missouri, arterial management is often a shared responsibility between MoDOT and regional or local partners. For example, the Kansas City region’s Operation Green Light program coordinates arterial signal timing and corridor operations in collaboration with MoDOT and multiple local jurisdictions. Other examples include MoDOT’s partnership with St. Charles in the St. Louis region and collaboration with the City of Springfield and the Ozarks Transportation Organization. Similar arrangements may exist in other regions where MPOs, cities, or counties lead day-to-day arterial management. Practitioners should recognize that depending on the corridor and location, responsibility for arterial operations may rest with another entity, requiring coordination and partnership to ensure consistent system performance.&lt;br /&gt;
&lt;br /&gt;
The following sections outline strategies for arterial operations and management.&lt;br /&gt;
 &lt;br /&gt;
&amp;lt;div style=&amp;quot;margin-top: 5px; background-color: #f8f9fa; padding: 0.3em; border: 1px solid #a2a9b1; text-align:left;&amp;quot;&amp;gt;&lt;br /&gt;
&#039;&#039;&#039;Users:&#039;&#039;&#039;&lt;br /&gt;
* Traffic Operations Engineers → Manage signals, coordination, and adaptive timing ([[#909.3.2.3 Traffic Signal Program Management|909.3.2.3 Traffic Signal Program Management]]; [[#909.3.2.4 Traffic Signal Timing and Coordination|909.3.2.4 Traffic Signal Timing and Coordination]]; [[#909.3.2.5 Transit Signal Priority|909.3.2.5 Transit Signal Priority]]).&lt;br /&gt;
* Design Staff → Implement innovative intersections and targeted improvements ([[#909.3.2.1 Targeted Infrastructure Improvements|909.3.2.1 Targeted Infrastructure Improvements]]; [[#909.3.2.2 Alternative Intersection Designs|909.3.2.2 Alternative Intersection Designs]]).&lt;br /&gt;
* TMC Operators → Oversee corridor signal adjustments and incident response ([[#909.3.2.4 Traffic Signal Timing and Coordination|909.3.2.4 Traffic Signal Timing and Coordination]]; [[#909.3.2.6 Arterial Dynamic Shoulder Use|909.3.2.6 Arterial Dynamic Shoulder Use]]).&lt;br /&gt;
&amp;lt;/div&amp;gt;&lt;br /&gt;
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&#039;&#039;&#039;Policy Coordination&#039;&#039;&#039; – It is encouraged that any consideration or application of the following strategies should be closely coordinated with applicable Central Office staff, including the Highway Safety and Traffic Division, as well as other related divisions to support consistency with MoDOT policy, design standards, and operational practices.&lt;br /&gt;
&amp;lt;/div&amp;gt;&lt;br /&gt;
&lt;br /&gt;
===909.3.2.1 Targeted Infrastructure Improvements===&lt;br /&gt;
Targeted infrastructure improvements are localized enhancements that address recurring bottlenecks or multimodal safety concerns on arterial corridors. Common treatments include new or extended turn lanes to reduce delay at intersections, access control to improve traffic flow and safety, and bus pullouts to minimize transit-related delays. Pedestrian and bicyclist accommodations such as crosswalk improvements, refuge islands, and protected lanes also support safer and more reliable mobility for all users.&lt;br /&gt;
&lt;br /&gt;
===909.3.2.2 Alternative Intersection Designs===&lt;br /&gt;
Alternative intersection designs apply alternative layouts to improve safety and efficiency where traditional designs are constrained. Examples include restricted crossing U-turns (RCUTs), median U-turns, and displaced left-turn (continuous flow) intersections, which reduce conflict points and increase throughput. These designs are increasingly considered where right-of-way is limited, traffic volumes are high, or safety issues persist with conventional layouts.&lt;br /&gt;
&lt;br /&gt;
Additional information can be found in [[233.5_Intersection_Alternatives|EPG 233.5 Intersection Alternatives]].&lt;br /&gt;
&lt;br /&gt;
===909.3.2.3 Traffic Signal Program Management===&lt;br /&gt;
A comprehensive traffic signal program helps support effective corridor operations. Program elements include monitoring and evaluating existing signal systems, scheduling recurring retiming efforts, and integrating new technologies over time. A proactive, programmatic approach supports consistent signal management across jurisdictions, improving reliability and reducing the need for inefficient, piecemeal adjustments.&lt;br /&gt;
&lt;br /&gt;
Procedures for signal operation and maintenance are outlined in [[902.1_General_(MUTCD_Chapter_4A)#902.1.10_Responsibility_for_Operation_and_Maintenance_(MUTCD_Section_4A.10)|902.1.10 Responsibility for Operation and Maintenance (MUTCD Section 4A.10)]].&lt;br /&gt;
&lt;br /&gt;
===909.3.2.4 Traffic Signal Timing and Coordination===&lt;br /&gt;
Traffic signal timing and coordination strategies are a cost-effective approach to improve arterial operations. By updating signal timing plans and coordinating operations across intersections, agencies can reduce delays and support more predictable travel along corridors. These strategies allow signal operations to reflect current traffic conditions, land use patterns, and system changes, while also providing a foundation for integrating advanced technologies such as adaptive control.&lt;br /&gt;
&lt;br /&gt;
&amp;lt;u&amp;gt;Applications:&amp;lt;/u&amp;gt;&lt;br /&gt;
* &#039;&#039;&#039;Traffic Signal Retiming&#039;&#039;&#039; – Updating the timing plans for one signalized intersection or a corridor of intersections based on the latest traffic volumes. Retiming is recommended every few years or after significant changes to transportation systems or land use within a given area.&lt;br /&gt;
* &#039;&#039;&#039;Traffic Signal Coordination&#039;&#039;&#039; – Coordinating traffic signal timing along a corridor to enable a “green wave” of vehicles traveling through a sequence of signals. Coordination optimizes the splits and offsets of signals to allow for smoother, progressive traffic flow.&lt;br /&gt;
* &#039;&#039;&#039;Adaptive Traffic Signal Control&#039;&#039;&#039; – Coordinating traffic signal timing across a network using real-time detector data to accommodate current, prevailing traffic patterns. This allows for dynamic adjustment of timing in response to fluctuating traffic conditions.&lt;br /&gt;
&lt;br /&gt;
Procedures for signal phasing and operation are outlined in [[902.23_Traffic_Signal_Phasing_and_Operation|EPG 902.23 Traffic Signal Phasing and Operation]].&lt;br /&gt;
&lt;br /&gt;
===909.3.2.5 Transit Signal Priority===&lt;br /&gt;
Transit signal priority (TSP) strategies adjust signal phasing to reduce delay for buses and improve the efficiency of transit operations. TSP can extend green phases and/or provide early green intervals to help transit vehicles move more consistently through intersections. By enhancing the speed and reliability of bus service, TSP supports multimodal goals and encourages greater use of transit along arterial corridors.&lt;br /&gt;
&lt;br /&gt;
===909.3.2.6 Arterial Dynamic Shoulder Use===&lt;br /&gt;
Arterial dynamic shoulder use provides additional capacity and helps improve multimodal efficiency by repurposing existing roadway space under defined conditions. Dynamic shoulder use allows roadway shoulders to operate as travel lanes during peak periods or special events, while maintaining their primary role for emergency access during off-peak times. When feasible, this strategy can help reduce delays, improve vehicle-throughput, and support multimodal goals in areas where right-of-way is constrained and traditional widening is not feasible. Successful implementation requires clear operational policies, appropriate signing and striping, and coordination with enforcement and transit partners to ensure safety and effectiveness.&lt;br /&gt;
&lt;br /&gt;
Although Missouri does not currently implement arterial dynamic shoulder use, the approach may offer targeted benefits in select corridors. However, because shoulders are typically not constructed to full-depth pavement standards, implementation would likely require reconstruction or significant upgrades to support sustained traffic loading.&lt;br /&gt;
&lt;br /&gt;
==909.3.3 Freight Operation==&lt;br /&gt;
Freight operations strategies address truck mobility, parking, and safety near freight generators such as ports and distribution centers. The following sections outline key strategies for freight operations.&lt;br /&gt;
&lt;br /&gt;
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&#039;&#039;&#039;Users:&#039;&#039;&#039;&lt;br /&gt;
* Transportation Planners → Coordinate freight corridors, permitting, and parking strategies ([[#909.3.3.1 Freight Operations Around Ports and Generators|909.3.3.1 Freight Operations Around Ports and Generators]]; [[#909.3.3.2 Truck Parking|909.3.3.2 Truck Parking]]; [[#909.3.3.3 Regional Permitting|909.3.3.3 Regional Permitting]]).&lt;br /&gt;
* Traffic Operations Engineers → Oversee technology applications and truck restrictions ([[#909.3.3.1 Freight Operations Around Ports and Generators|909.3.3.1 Freight Operations Around Ports and Generators]]; [[#909.3.3.4 Technology Applications for Freight|909.3.3.4 Technology Applications for Freight]]; [[#909.3.3.5 Connected and Automated Freight Vehicles|909.3.3.5 Connected and Automated Freight Vehicles]]).&lt;br /&gt;
&amp;lt;/div&amp;gt;&lt;br /&gt;
 &lt;br /&gt;
Reference MoDOT’s [https://www.modot.org/2022-state-freight-and-rail-plan-documents 2022 State Freight and Rail Plan Documents] for additional information.&lt;br /&gt;
&lt;br /&gt;
===909.3.3.1 Freight Operations Around Ports and Generators===&lt;br /&gt;
Freight hubs such as ports, intermodal yards, and distribution centers generate concentrated truck activity that can create localized congestion and safety concerns. Targeted operational improvements may include intersection upgrades, dedicated freight lanes, improved signage, or optimized signal timing along key freight corridors. These measures reduce bottlenecks, improve travel time reliability for trucks, and minimize conflicts between freight and passenger vehicles in high-demand areas.&lt;br /&gt;
&lt;br /&gt;
===909.3.3.2 Truck Parking===&lt;br /&gt;
Adequate truck parking supports driver safety, freight efficiency, and regulatory compliance. Strategies include the development of new truck parking facilities, upgrades to existing rest areas, and the integration of real-time availability systems that help drivers locate spaces. Reservation tools and wayfinding applications can further support efficient parking use and reduce the safety risks associated with unauthorized shoulder or ramp parking.&lt;br /&gt;
&lt;br /&gt;
===909.3.3.3 Regional Permitting===&lt;br /&gt;
Freight often crosses multiple jurisdictions, and inconsistent permitting processes can add delay and administrative burden. Regional permitting strategies streamline requirements by coordinating across state, county, and local agencies. Harmonizing size, weight, and routing approvals enhances efficiency for carriers while reducing redundant processes for agencies, particularly along high-volume freight corridors.&lt;br /&gt;
&lt;br /&gt;
===909.3.3.4 Technology Applications for Freight===&lt;br /&gt;
Technology provides powerful tools for managing freight mobility. Examples include routing platforms that help drivers avoid weight-restricted bridges or low-clearance structures, monitoring systems that track freight movement in real time, and automated clearance technologies at weigh stations or ports of entry. Collectively, these applications enhance efficiency, improve safety, and provide data to better manage freight corridors.&lt;br /&gt;
&lt;br /&gt;
===909.3.3.5 Connected and Automated Freight Vehicles===&lt;br /&gt;
The freight industry is a leading sector for testing and deploying connected and automated vehicle (CV/AV) technologies. Applications may include platooning, automated truck-mounted attenuators, or fully automated long-haul freight operations. These technologies have the potential to improve safety, reduce driver fatigue, and increase efficiency in freight corridors. Early deployment efforts require coordination with industry, agencies, and technology providers to ensure infrastructure readiness and to evaluate operational impacts.&lt;br /&gt;
&lt;br /&gt;
==909.3.4 Vulnerable Road Users==&lt;br /&gt;
Vulnerable road users (VRUs) are individuals who travel without the protection of an enclosed vehicle and therefore face a greater risk of serious injury in a collision. VRUs include pedestrians, roadway workers, individuals using wheelchairs or other personal mobility devices, bicyclists, motorcyclists, and users of electric scooters and other micromobility devices. The following sections outline strategies to improve safety, access, and comfort for these users within the transportation system.&lt;br /&gt;
 &lt;br /&gt;
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&#039;&#039;&#039;Users:&#039;&#039;&#039;&lt;br /&gt;
* Design Staff → Implement bike lanes, pedestrian facilities, and safety enhancements ([[#909.3.4.1 Safety Enhancements|909.3.4.1 Safety Enhancements]]; [[#909.3.4.2 Pedestrian and Accessibility Facilities|909.3.4.2 Pedestrian and Accessibility Facilities]]; [[#909.3.4.3 Bicycle Lanes and Cycle Tracks|909.3.4.3 Bicycle Lanes and Cycle Tracks]]).&lt;br /&gt;
* Transportation Planners → Support multimodal planning and education programs ([[#909.3.4.1 Safety Enhancements|909.3.4.1 Safety Enhancements]]; [[#909.3.4.4 VRU Education and Outreach|909.3.4.4 VRU Education]]).&lt;br /&gt;
&amp;lt;/div&amp;gt;&lt;br /&gt;
&lt;br /&gt;
===909.3.4.1 Safety Enhancements===&lt;br /&gt;
Selective deployment of safety enhancements should be informed by [[:Category:907_Traffic_Safety|EPG 907 Traffic Safety]] and tailored to the needs of VRUs. Enhancements may include improved crossings, lighting, signing and pavement markings, speed management strategies, traffic calming measures, work zone protections for roadway workers, and design treatments that reduce conflicts involving motorcyclists and micromobility users.&lt;br /&gt;
&lt;br /&gt;
===909.3.4.2 Pedestrian and Accessibility Facilities===&lt;br /&gt;
Sidewalks, shared-use paths, accessible curb ramps, transit stop connections and enhanced or grade-separated crossings should be prioritized where safety risks, accessibility needs, or network gaps are identified. Integrating these facilities in alignment with Complete Streets principles ([[907.10_Complete_Streets|EPG 907.10 Complete Streets]]), in coordination with regional and local partners, helps support safe, efficient access for pedestrians and individuals using wheelchairs or other mobility devices.&lt;br /&gt;
&lt;br /&gt;
Additional information can be found in [[:Category:642_Pedestrian_Facilities|EPG 642 Pedestrian Facilities]].&lt;br /&gt;
&lt;br /&gt;
===909.3.4.3 Bicycle Lanes and Cycle Tracks===&lt;br /&gt;
Where conditions and community priorities warrant, dedicated bike lanes or protected cycle tracks can enhance comfort and safety for bicyclists and other micromobility users, including users of electric scooters and similar devices. MoDOT supports the Complete Street concept (as outlined in [[907.10_Complete_Streets|EPG 907.10 Complete Streets]]) and encourages coordination with communities and regional partners to consider these facilities where appropriate.&lt;br /&gt;
&lt;br /&gt;
Additional information can be found in [[:Category:641_Bicycle_Facilities|EPG 641 Bicycle Facilities]].&lt;br /&gt;
&lt;br /&gt;
===909.3.4.4 VRU Education and Outreach===&lt;br /&gt;
Support community-informed education and outreach programs that promote safe behaviors among VRUs. Programs may address the needs of pedestrians, bicyclists, micromobility users, motorcyclists, individuals with disabilities, and drivers, and may include collaboration with local schools, community organizations, advocacy groups, employers, transit agencies, and public safety partners.&lt;br /&gt;
&lt;br /&gt;
==909.3.5 Transit Operation==&lt;br /&gt;
Transit operations strategies improve speed, reliability, and accessibility of transit services. The following sections outline strategies for transit operations.&lt;br /&gt;
&lt;br /&gt;
&amp;lt;div style=&amp;quot;margin-top: 5px; background-color: #f8f9fa; padding: 0.3em; border: 1px solid #a2a9b1; text-align:left;&amp;quot;&amp;gt;&lt;br /&gt;
&#039;&#039;&#039;Users:&#039;&#039;&#039;&lt;br /&gt;
* Transit Agencies → Operate BRT, implement TSP, and manage transit vehicles ([[#909.3.5.1 Transit Signal Priority|909.3.5.1 Transit Signal Priority]]; [[#909.3.5.2 Bus Rapid Transit|909.3.5.2 Bus Rapid Transit]]; [[#909.3.5.3 Transit-Only Lanes|909.3.5.3 Transit-Only Lanes]]; [[#909.3.5.4 Transit Operation Vehicles|909.3.5.4 Transit Operation Vehicles]]).&lt;br /&gt;
* Transportation Planners → Plan multimodal centers and support dynamic transit strategies ([[#909.3.5.2 Bus Rapid Transit|909.3.5.2 Bus Rapid Transit]]; [[#909.3.5.3 Transit-Only Lanes|909.3.5.3 Transit-Only Lanes]]; [[#909.3.5.5 Multimodal Transportation Centers|909.3.5.5 Multimodal Transportation Centers]]).&lt;br /&gt;
* Traffic Operations Engineers → Support signal priority and corridor treatments ([[#909.3.5.1 Transit Signal Priority|909.3.5.1 Transit Signal Priority]]; [[#909.3.5.2 Bus Rapid Transit|909.3.5.2 Bus Rapid Transit]]; [[#909.3.5.3 Transit-Only Lanes|909.3.5.3 Transit-Only Lanes]]).&lt;br /&gt;
&amp;lt;/div&amp;gt;&lt;br /&gt;
 &lt;br /&gt;
===909.3.5.1 Transit Signal Priority=== &lt;br /&gt;
Transit Signal Priority (TSP) strategies modify traffic signal operations to reduce delay and improve on-time arrivals for buses and other transit vehicles.&lt;br /&gt;
&lt;br /&gt;
Additional information on TSP is provided in [[#909.3.2.5 Transit Signal Priority|EPG 909.3.2.5 Transit Signal Priority]].&lt;br /&gt;
&lt;br /&gt;
===909.3.5.2 Bus Rapid Transit===&lt;br /&gt;
Bus Rapid Transit (BRT) incorporates a combination of dedicated lanes, intersection treatments, and enhanced stations to provide faster and more reliable bus service. Treatments such as queue jump lanes and high-capacity vehicles further enhance performance. BRT can serve as a cost-effective alternative to rail in high-demand corridors, delivering rapid, frequent, and reliable service with improved passenger amenities.&lt;br /&gt;
&lt;br /&gt;
===909.3.5.3 Transit-Only Lanes===&lt;br /&gt;
Transit-only lanes provide additional capacity and improve multimodal efficiency by repurposing existing roadway space under defined conditions. Transit-only lanes dedicate roadway space to buses, enabling more reliable service and improving schedule adherence in congested corridors. This strategy can help reduce delays, improve person-throughput, and support multimodal goals in areas where right-of-way is constrained and traditional widening is not feasible. Successful implementation requires clear operational policies, appropriate signing and striping, and coordination with enforcement and transit partners to ensure safety and effectiveness.&lt;br /&gt;
&lt;br /&gt;
This strategy may offer targeted benefits in select corridors where transit demand and roadway conditions support dedicated space for transit operations. In some cases, implementation could involve repurposing shoulder space where available. However, because shoulders are typically not constructed to full-depth pavement standards, such applications would likely require reconstruction or significant upgrades to support sustained transit operations.&lt;br /&gt;
&lt;br /&gt;
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&#039;&#039;&#039;Policy Coordination&#039;&#039;&#039; – It is encouraged that any consideration or application of the following strategies should be closely coordinated with applicable Central Office staff, including the Highway Safety and Traffic Division, as well as other related divisions to support consistency with  MoDOT policy, design standards, and operational practices.&lt;br /&gt;
&amp;lt;/div&amp;gt; &lt;br /&gt;
&lt;br /&gt;
===909.3.5.4 Transit Operation Vehicles===&lt;br /&gt;
Transit vehicle operations may require unique roadway considerations. Streetcars, for example, share corridors with general traffic and necessitate signal coordination and geometric design adjustments for turning movements. Similarly, buses may require accommodations such as bus pullouts, curb extensions, or boarding islands to improve efficiency and passenger safety. These vehicle-specific considerations support smoother operations and minimize conflicts with other modes.&lt;br /&gt;
&lt;br /&gt;
===909.3.5.5 Multimodal Transportation Centers===&lt;br /&gt;
Multimodal transportation centers serve as hubs that integrate multiple travel modes, including bus, rail, bike, and pedestrian connections. These facilities improve regional accessibility by consolidating transfers in a single location and providing amenities such as shelters, ticketing, and real-time traveler information.&lt;br /&gt;
&lt;br /&gt;
In Missouri, existing park-and-ride facilities present opportunities to serve as future multimodal centers. These centers encourage greater transit use, strengthen first- and last-mile connections, and elevate the role of transit in supporting regional mobility.&lt;br /&gt;
&lt;br /&gt;
&amp;lt;span style=&amp;quot;background:#00FF00&amp;quot;&amp;gt;Create link to 909&amp;lt;/span&amp;gt;&lt;/div&gt;</summary>
		<author><name>Hoskir</name></author>
	</entry>
	<entry>
		<id>https://epg.modot.org/index.php?title=User:Hoskir/Revision_Request_4165&amp;diff=58856</id>
		<title>User:Hoskir/Revision Request 4165</title>
		<link rel="alternate" type="text/html" href="https://epg.modot.org/index.php?title=User:Hoskir/Revision_Request_4165&amp;diff=58856"/>
		<updated>2026-06-18T14:17:48Z</updated>

		<summary type="html">&lt;p&gt;Hoskir: /* 909.2.4 Work Zone Traffic Management */&lt;/p&gt;
&lt;hr /&gt;
&lt;div&gt;=&#039;&#039;&#039;REVISION REQUEST 4165&#039;&#039;&#039;=&lt;br /&gt;
&lt;br /&gt;
=909 Transportation Systems Management and Operations (TSMO)=&lt;br /&gt;
&lt;br /&gt;
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Several &#039;&#039;&#039;foundational documents&#039;&#039;&#039; guide MoDOT’s TSMO program:&lt;br /&gt;
* [https://www.modot.org/sites/default/files/documents/2024%20MoDOT%20TSMO%20Program%20Plan.pdf TSMO Program and Action Plan] – outlines MoDOT’s statewide TSMO vision, goals, and implementation strategies.&lt;br /&gt;
* [https://www.modot.org/sites/default/files/documents/TSMO%20Informational%20Memoranda%20Complete.pdf TSMO Informational Memoranda] – provides background, technical details, and &lt;br /&gt;
* [https://www.modot.org/sites/default/files/documents/BC%20Reference%20memo_0.pdf TSMO Benefit-Cost Reference Memo] – provides the benefit-cost information on TSMO applications that are critical to MoDOT’s TSMO program and future work.&lt;br /&gt;
* [https://epg.modot.org/files/6/6b/909_WZM_Guidebook.pdf Work Zone Management Guidebook] – provides a comprehensive set of tools and strategies for work zone management and describes “advanced work zone” practices, guidance, and resources &lt;br /&gt;
* [https://www.modot.org/sites/default/files/documents/FR1_MoDOT_CAVPlan_Apr25_ACCESSIBLE.pdf Connected and Automated Vehicle Action Plan] – articulates MoDOT’s mission, vision, strengths, and strategic focus areas for leveraging CV/AV technologies, and lays out actions across institutional capability-building, outreach and education, and partnership development to support safe, efficient deployment.&lt;br /&gt;
&amp;lt;/div&amp;gt;&lt;br /&gt;
&lt;br /&gt;
Transportation Systems Management and Operations (TSMO) consists of operational strategies and systems that cost-effectively optimize the safety, reliability, efficiency, and capacity of the transportation system. TSMO emphasizes maximizing the performance of the existing system through proactive management and operational improvements.&lt;br /&gt;
&lt;br /&gt;
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&lt;br /&gt;
==909.1 Introduction to TSMO==&lt;br /&gt;
===909.1.1 Overview of TSMO Strategies===&lt;br /&gt;
TSMO strategies are the day-to-day operational actions MoDOT uses to actively manage the transportation system and address the primary causes of congestion without relying solely on capacity expansion. &lt;br /&gt;
&lt;br /&gt;
Congestion generally falls into two categories:&lt;br /&gt;
* &#039;&#039;&#039;Non-recurring delays&#039;&#039;&#039; arise from unplanned or irregular events such as incidents, disasters, weather, work zones, and special events. These disruptions are inherently unpredictable, vary in severity and duration, and often require dynamic traffic management and interagency coordination to reduce their impact.&lt;br /&gt;
* &#039;&#039;&#039;Recurring delays&#039;&#039;&#039; occur regularly at specific locations, most often during peak traffic periods. This type of congestion is usually the result of demand exceeding the capacity of the existing system. Transportation agencies do not have the resources to construct enough highway capacity to eliminate all recurring congestion. Instead, TSMO strategies provide more cost-effective ways to manage demand and improve flow.&lt;br /&gt;
&lt;br /&gt;
By addressing both types of congestion, TSMO supports MoDOT’s mission of moving Missourians safely and reliably while making the best use of available resources. These strategies are organized based on whether they address &#039;&#039;&#039;non-recurring delays&#039;&#039;&#039; or &#039;&#039;&#039;recurring delays&#039;&#039;&#039;, as described below.&lt;br /&gt;
&lt;br /&gt;
[[#909.2_Non-Congested_Route_(Non-Recurring_Delays)|909.2 Non-Congested Route (Non-Recurring Delays)]] – These strategies focus on managing temporary (whether short-term or long-term) capacity reductions caused by irregular or time-limited events that disrupt normal traffic conditions, with the goal of restoring mobility and safety efficiently and consistently.&lt;br /&gt;
* [[#909.2.1_Traffic_Incident_Management|909.2.1 Traffic Incident Management]]: Coordinates detection, response, and clearance across multiple agencies to minimize secondary crashes and return roadways to normal operation quickly.&lt;br /&gt;
* [[#909.2.2_Transportation_Operations_for_Emergency_Incidents_or_Disasters|909.2.2 Transportation Operations for Emergency Incidents or Disasters]]: Supports system readiness and coordinated response during natural or human-caused disasters through planning, communication, and multimodal evacuation procedures.&lt;br /&gt;
* [[#909.2.3_Road_Weather_Management|909.2.3 Road Weather Management]]: Integrates environmental monitoring, data-driven decision support, and targeted maintenance to mitigate the effects of adverse weather on safety and mobility.&lt;br /&gt;
* [[#909.2.4_Work_Zone_Traffic_Management|909.2.4 Work Zone Traffic Management]]: Applies smart work zone technologies and comprehensive traffic management plans to maintain safe and reliable travel through construction and maintenance areas.&lt;br /&gt;
* [[#909.2.5_Planned_Special_Event_Management|909.2.5 Planned Special Event Management]]: Coordinates transportation, enforcement, and communication activities for scheduled events to maintain efficient system operations and traveler safety.&lt;br /&gt;
&lt;br /&gt;
[[#909.3_Congested_Route_(Recurring_Delays)|909.3 Congested Route (Recurring Delays)]] – These strategies address predictable and routine congestion caused by daily travel demand and capacity constraints on specific facilities or corridors, emphasizing active traffic management, system integration, and multimodal coordination.&lt;br /&gt;
* [[#909.3.1_Freeway_Operations_and_Management|909.3.1 Freeway Operations and Management]]: Improves freeway performance through corridor-level monitoring, adaptive control, and coordinated operations to enhance safety and travel-time reliability.&lt;br /&gt;
* [[#909.3.2_Arterial_Operations_and_Management|909.3.2 Arterial Operations and Management]]: Optimizes signal timing, intersection design, and corridor coordination to improve mobility and safety on surface streets.&lt;br /&gt;
* [[#909.3.3_Freight_Operation|909.3.3 Freight Operation]]: Enhances the efficiency and safety of freight movement through improved access, parking management, and technology-based monitoring along key freight corridors.&lt;br /&gt;
* [[#909.3.4_Vulnerable_Road_Users|909.3.4 Vulnerable Road Users]]: Improves safety, accessibility, and comfort for VRUs through targeted infrastructure, operational strategies, and multimodal coordination.&lt;br /&gt;
* [[#909.3.5_Transit_Operation|909.3.5 Transit Operation]]: Strengthens transit reliability and accessibility through operational strategies such as priority treatments, multimodal hubs, and corridor management.&lt;br /&gt;
&lt;br /&gt;
===909.1.2 Relationship with Other Programs===&lt;br /&gt;
TSMO is not a standalone initiative—it complements and enhances MoDOT’s other programs:&lt;br /&gt;
* &#039;&#039;&#039;Safety Programs&#039;&#039;&#039;: TSMO contributes to MoDOT’s safety goals, as outlined in the Strategic Highway Safety Plan and the SAFER Program (see [[907.9_Safety_Assessment_For_Every_Roadway_(SAFER)|EPG 907.9 Safety Assessment For Every Roadway (SAFER)]]), by reducing secondary crashes, improving work zone management, and advancing road weather management capabilities. &lt;br /&gt;
* &#039;&#039;&#039;Asset Management&#039;&#039;&#039;: Proper maintenance of TSMO strategies and supporting systems can improve how facilities operate, reduce incidents that accelerate wear, and extend the life of infrastructure investments.&lt;br /&gt;
* &#039;&#039;&#039;Planning and Design&#039;&#039;&#039;: TSMO principles should be incorporated early in the planning and design process so that operational strategies are built into projects from the start.&lt;br /&gt;
* &#039;&#039;&#039;Maintenance&#039;&#039;&#039;: Maintenance activities can be coordinated with TSMO tools such as smart work zones and ITS devices to reduce traffic disruptions.&lt;br /&gt;
* &#039;&#039;&#039;Traveler Information&#039;&#039;&#039;: TSMO strengthens customer service by providing real-time, accurate, and actionable information to the traveling public.&lt;br /&gt;
&lt;br /&gt;
In practice, TSMO serves as the operational thread that connects safety, planning, design, maintenance, and customer service into a unified system-management approach.&lt;br /&gt;
&lt;br /&gt;
===909.1.3 Roles and Contributions for TSMO Implementation===&lt;br /&gt;
This guide is designed to provide MoDOT staff and partners with a clear, practical reference for TSMO strategies. Table 909.1.3 highlights the typical roles and potential TSMO contributions of different staff in implementing and supporting TSMO strategies, as applicable based on project context, needs, and available resources. These contributions are intended to guide coordination and consideration of TSMO strategies and may vary depending on the specific application.&lt;br /&gt;
&lt;br /&gt;
{| class=&amp;quot;wikitable&amp;quot; style=&amp;quot;margin:auto&amp;quot;&lt;br /&gt;
|+ &#039;&#039;Table 909.1.3. Typical Roles and Potential Contributions for TSMO Implementation&#039;&#039;&lt;br /&gt;
|-&lt;br /&gt;
! Role !! Potential TSMO Contribution&lt;br /&gt;
|-&lt;br /&gt;
| &#039;&#039;&#039;Transportation Management Center (TMC) Operator&#039;&#039;&#039; || Monitor traffic conditions, manage information systems, and coordinate incident response and traveler communication to maintain safe and efficient roadway operations.&lt;br /&gt;
|-&lt;br /&gt;
| &#039;&#039;&#039;Emergency Response Operator&#039;&#039;&#039; || Provide on-scene incident management, motorist assistance, and roadway clearance to restore normal traffic flow and enhance safety during disruptions.&lt;br /&gt;
|-&lt;br /&gt;
| &#039;&#039;&#039;Maintenance Technician&#039;&#039;&#039; || Implement maintenance related TSMO strategies; provide feedback and effort for continual improvement of these strategies and tools. &lt;br /&gt;
|-&lt;br /&gt;
| &#039;&#039;&#039;Traffic Operations Engineer&#039;&#039;&#039; || Implement traffic operations related TSMO strategies; provide feedback and effort for continual improvement of these strategies and tools. &lt;br /&gt;
|-&lt;br /&gt;
| &#039;&#039;&#039;Transportation Planner&#039;&#039;&#039; || Incorporate TSMO and other traditional transportation improvement strategies into planning efforts, as appropriate.&lt;br /&gt;
|-&lt;br /&gt;
| &#039;&#039;&#039;Design Staff&#039;&#039;&#039; || Consider TSMO as a key element of design, where applicable, either as a direct improvement for the specific application or as an opportunity for the continuation of existing TSMO strategies.&lt;br /&gt;
|-&lt;br /&gt;
| &#039;&#039;&#039;Construction Inspector&#039;&#039;&#039; || Coordinate with appropriate personnel when modifying design elements or inspecting TSMO related infrastructure. &lt;br /&gt;
|-&lt;br /&gt;
| &#039;&#039;&#039;Work Zone Specialists&#039;&#039;&#039; || Oversee temporary traffic control in construction zones; review and manage Transportation Management Plans (TMPs), ensure proper setup and quality of traffic control devices, assess risks, and provide input during planning and post-construction reviews to enhance safety and minimize disruptions.&lt;br /&gt;
|-&lt;br /&gt;
| &#039;&#039;&#039;Information Systems Manager&#039;&#039;&#039; || Provide oversight and management of field and central communications systems, computer and software, and other information systems resources.&lt;br /&gt;
|-&lt;br /&gt;
| &#039;&#039;&#039;Human Resources Specialist&#039;&#039;&#039; || Incorporate relevant related skills and experience into position descriptions where TSMO expertise is needed; assist with training programs to improve the knowledge, skills, and abilities of existing operations personnel.&lt;br /&gt;
|-&lt;br /&gt;
| &#039;&#039;&#039;Emergency Management Agencies&#039;&#039;&#039; || Support TSMO implementation by providing coordinated incident response, traffic control, emergency medical services, and roadway clearance; collaborate with MoDOT and TMC staff, when applicable, to improve incident management, responder safety, and system recovery during emergencies and planned events.&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
===909.1.4 TSMO Implementation Framework=== &lt;br /&gt;
The TSMO Implementation Framework provides a structured approach for MoDOT to translate its mission and agency goals into actionable objectives and strategies. It supports the development of purpose-driven, measurable strategies aligned with statewide priorities. This framework serves as a bridge between MoDOT’s overarching mission and the specific strategies implemented across the TSMO program. Effective implementation of these goals relies on coordination across disciplines, integration throughout project phases, and collaboration with internal and external partners. &lt;br /&gt;
&lt;br /&gt;
Table 909.1.4.1 identifies the core programmatic elements, MoDOT’s goals and associated objectives, that guide how TSMO is planned, implemented, and evaluated.&lt;br /&gt;
&lt;br /&gt;
{| class=&amp;quot;wikitable&amp;quot; style=&amp;quot;margin:auto&amp;quot;&lt;br /&gt;
|+ &#039;&#039;Table 909.1.4.1 Programmatic Element&#039;&#039;&lt;br /&gt;
|-&lt;br /&gt;
! Goal !! Objective&lt;br /&gt;
|-&lt;br /&gt;
| &#039;&#039;&#039;Safety&#039;&#039;&#039; || Reduce crash frequency and severity through proactive deployment of TSMO strategies (e.g., incident management, work zone safety, network operations).&lt;br /&gt;
|-&lt;br /&gt;
| &#039;&#039;&#039;Reliability&#039;&#039;&#039; || Support predictable and consistent travel times across the system by proactively managing congestion and incidents.&lt;br /&gt;
|-&lt;br /&gt;
| &#039;&#039;&#039;Efficiency&#039;&#039;&#039; || Operate MoDOT’s existing system efficiently and effectively through the application of TSMO strategies, as appropriate, to improve performance and inform decisions regarding potential capacity expansion.&lt;br /&gt;
|-&lt;br /&gt;
| &#039;&#039;&#039;Customer Service&#039;&#039;&#039; || Support timely, accurate, and useful traveler information that enables informed decision-making.&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
Table 909.1.4.2 links MoDOT’s mission to measurable outcomes and example TSMO strategies, demonstrating how operations initiatives directly support statewide goals.&lt;br /&gt;
&lt;br /&gt;
{| class=&amp;quot;wikitable&amp;quot; style=&amp;quot;margin:auto&amp;quot;&lt;br /&gt;
|+ &#039;&#039;Table 909.1.4.2. Linking MoDOT Mission to Outcomes and Example TSMO Strategies&#039;&#039;&lt;br /&gt;
|-&lt;br /&gt;
! style=&amp;quot;width:400px&amp;quot; | Mission !! style=&amp;quot;width:400px&amp;quot; | High-Level Outcome !! Example TSMO Strategy&lt;br /&gt;
|-&lt;br /&gt;
| &#039;&#039;&#039;Improving safety (Moving Missourians safely)&#039;&#039;&#039; || Reduction in crashes, fatalities, and serious injuries; safer travel for all users || • [[#909.2.1_Traffic_Incident_Management|909.2.1 Traffic Incident Management]]&amp;lt;br&amp;gt;• [[#909.2.3_Road_Weather_Management|909.2.3 Road Weather Management]]&amp;lt;br&amp;gt;• [[#909.2.4_Work_Zone_Traffic_Management|909.2.4 Work Zone Traffic Management]]&amp;lt;br&amp;gt;• [[#909.3.1_Freeway_Operations_and_Management|909.3.1 Freeway Operations and Management]]&amp;lt;br&amp;gt;• [[#909.3.2_Arterial_Operations_and_Management|909.3.2 Arterial Operations and Management]]&lt;br /&gt;
|-&lt;br /&gt;
| &#039;&#039;&#039;Providing high-value, impactful solutions (Delivering efficient and innovative transportation projects; asset management)&#039;&#039;&#039; || Cost-effective improvements that maximize existing infrastructure and delay costly expansions || • [[#909.3.1_Freeway_Operations_and_Management|909.3.1 Freeway Operations and Management]]&amp;lt;br&amp;gt;• [[#909.3.2_Arterial_Operations_and_Management|909.3.2 Arterial Operations and Management]]&amp;lt;br&amp;gt;• [[#909.3.3_Freight_Operation|909.3.3 Freight Operation]]&amp;lt;br&amp;gt;• [[#909.3.4_Vulnerable_Road_Users|909.3.4 Vulnerable Road Users]]&lt;br /&gt;
|-&lt;br /&gt;
| &#039;&#039;&#039;Improving reliability and mobility (Operating a reliable transportation system; Building a prosperous economy for all Missourians)&#039;&#039;&#039; || Predictable travel times and improved system performance for people and freight || • [[#909.2.2_Transportation_Operations_for_Emergency_Incidents_or_Disasters|909.2.2 Transportation Operations for Emergency Incidents or Disasters]]&amp;lt;br&amp;gt;• [[#909.2.4_Work_Zone_Traffic_Management|909.2.4 Work Zone Traffic Management]]&amp;lt;br&amp;gt;• [[#909.2.5_Planned_Special_Event_Management|909.2.5 Planned Special Event Management]]&amp;lt;br&amp;gt;• [[#909.3.1_Freeway_Operations_and_Management|909.3.1 Freeway Operations and Management]]&amp;lt;br&amp;gt;• [[#909.3.5_Transit_Operation|909.3.5 Transit Operation]]&lt;br /&gt;
|-&lt;br /&gt;
| &#039;&#039;&#039;Providing useful and timely traveler information (Providing outstanding customer service)&#039;&#039;&#039; || Informed travel decisions by the public, increased user satisfaction || • [[#909.2.2_Transportation_Operations_for_Emergency_Incidents_or_Disasters|909.2.2 Transportation Operations for Emergency Incidents or Disasters]]&amp;lt;br&amp;gt;• [[#909.2.3_Road_Weather_Management|909.2.3 Road Weather Management]]&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
===909.1.5 Performance Metrics===&lt;br /&gt;
Performance metrics provide the foundation for evaluating how TSMO strategies contribute to the safety, reliability, efficiency, and customer experience of Missouri’s transportation system. MoDOT currently tracks performance through a combination of federal performance measures and internal performance management tools (e.g. [https://www.modot.org/tracker-measures-departmental-performance Tracker: Measures of Departmental Performance]). The following tables present example performance measures that may be used to assess the effectiveness of TSMO strategies related to both non-recurring delays (Table 909.1.5.1) and recurring delays (Table 909.1.5.2). &lt;br /&gt;
&lt;br /&gt;
These measures are not intended to represent required or standalone reporting metrics, but rather a menu of potential measures that can support analysis, planning, and evaluation efforts, as appropriate to the specific application, study type, or operational need. When applied, these metrics can help users identify opportunities for improvement and support data-driven decision-making.&lt;br /&gt;
&lt;br /&gt;
{| class=&amp;quot;wikitable&amp;quot; style=&amp;quot;margin:auto&amp;quot;&lt;br /&gt;
|+ &#039;&#039;Table 909.1.5.1 Linking MoDOT TSMO Strategies for Non-Recurring Delays to Performance Metrics&#039;&#039;&lt;br /&gt;
|-&lt;br /&gt;
! style=&amp;quot;width:400px&amp;quot; | Strategy !! style=&amp;quot;width:400px&amp;quot; | Goals !! Example Performance Metric&lt;br /&gt;
|-&lt;br /&gt;
| rowspan=&amp;quot;4&amp;quot; | &#039;&#039;&#039;[[#909.2.1_Traffic_Incident_Management|909.2.1 Traffic Incident Management]]&#039;&#039;&#039; || Enhance the &#039;&#039;&#039;safety&#039;&#039;&#039; of traveling public and incident responders || • Number of secondary crashes per incident&amp;lt;br&amp;gt;• Severity (fatalities/serious injuries) of secondary crashes&amp;lt;br&amp;gt;• Percent of incidents with secondary crashes recorded&amp;lt;br&amp;gt;• Number of responders struck-by crashes&amp;lt;br&amp;gt;• Severity of responder-involved crashes&amp;lt;br&amp;gt;• Percent of incidents with responder crash data recorded&lt;br /&gt;
|-&lt;br /&gt;
| Enhance &#039;&#039;&#039;reliability&#039;&#039;&#039; and &#039;&#039;&#039;efficiency&#039;&#039;&#039; of Missouri’s transportation system || • Average roadway clearance time&amp;lt;br&amp;gt;• Average incident clearance time&amp;lt;br&amp;gt;• Percent of incidents meeting clearance time targets&lt;br /&gt;
|-&lt;br /&gt;
| Strengthen &#039;&#039;&#039;coordination&#039;&#039;&#039;, &#039;&#039;&#039;communication&#039;&#039;&#039;, and &#039;&#039;&#039;collaboration&#039;&#039;&#039; between MoDOT and TIM partners || • Number of formalized agreements signed&amp;lt;br&amp;gt;• Number of multi-agency TIM meetings held annually&amp;lt;br&amp;gt;• Number of TIM trainings held annually&amp;lt;br&amp;gt;• Partner participation rate in meetings/exercises&lt;br /&gt;
|-&lt;br /&gt;
| Establish &#039;&#039;&#039;TIM policies&#039;&#039;&#039;, &#039;&#039;&#039;procedures&#039;&#039;&#039;, and &#039;&#039;&#039;protocols&#039;&#039;&#039; within MoDOT || • Number of formal TIM policies/protocols adopted&amp;lt;br&amp;gt;• Percent of TIM coordinator positions filled and active&lt;br /&gt;
|-&lt;br /&gt;
| rowspan=&amp;quot;2&amp;quot; | &#039;&#039;&#039;[[#909.2.2_Transportation_Operations_for_Emergency_Incidents_or_Disasters|909.2.2 Transportation Operations for Emergency Incidents or Disasters]]&#039;&#039;&#039; || Enhance &#039;&#039;&#039;safety&#039;&#039;&#039; and responder protection during emergency incidents || • Number of emergency-related crashes&amp;lt;br&amp;gt;• Severity (fatal/serious injury) of emergency-related crashes&amp;lt;br&amp;gt;• Percent of emergency incidents with responder safety data recorded&lt;br /&gt;
|-&lt;br /&gt;
| Improve &#039;&#039;&#039;reliability&#039;&#039;&#039; and &#039;&#039;&#039;speed&#039;&#039;&#039; of emergency response and system restoration || • Time to activate emergency operations&amp;lt;br&amp;gt;• Duration of emergency lane/road closures&amp;lt;br&amp;gt;• Percent of priority routes restored within target timeframes&amp;lt;br&amp;gt;• Emergency communication system uptime&amp;lt;br&amp;gt;• Average time to deploy emergency traffic control&lt;br /&gt;
|-&lt;br /&gt;
| rowspan=&amp;quot;3&amp;quot; | &#039;&#039;&#039;[[#909.2.3_Road_Weather_Management|909.2.3 Road Weather Management]]&#039;&#039;&#039; || Improve &#039;&#039;&#039;safety&#039;&#039;&#039; under adverse weather conditions || • Number of weather-related crashes, fatalities, and serious injuries&amp;lt;br&amp;gt;• Crash rate per weather event&lt;br /&gt;
|-&lt;br /&gt;
| Enhance &#039;&#039;&#039;operational readiness&#039;&#039;&#039; and &#039;&#039;&#039;timely&#039;&#039;&#039; roadway treatment || • Time to treat priority routes during storms&amp;lt;br&amp;gt;• Percent of network treated within specific time thresholds&amp;lt;br&amp;gt;• Materials usage efficiency (salt, brine, abrasives)&lt;br /&gt;
|-&lt;br /&gt;
| Improve &#039;&#039;&#039;traveler information&#039;&#039;&#039; accuracy during weather events || • Traveler information system accuracy rate during storms&amp;lt;br&amp;gt;• Number of travel information interactions (511 apps, CMS messages)&lt;br /&gt;
|-&lt;br /&gt;
| rowspan=&amp;quot;2&amp;quot; | &#039;&#039;&#039;[[#909.2.4_Work_Zone_Traffic_Management|909.2.4 Work Zone Traffic Management]]&#039;&#039;&#039; || Enhance &#039;&#039;&#039;safety&#039;&#039;&#039; for workers and motorists in work zones || • Number and rate of work zone crashes&amp;lt;br&amp;gt;• Number of work zone fatalities and serious injuries&amp;lt;br&amp;gt;• Number of work zone intrusions (near-miss events)&lt;br /&gt;
|-&lt;br /&gt;
| Improve &#039;&#039;&#039;mobility&#039;&#039;&#039; and reduce unexpected work zone delays || • Work-zone related delays&amp;lt;br&amp;gt;• Percent of work zones meeting mobility targets (queue length, speed, travel time)&amp;lt;br&amp;gt;• Average incident clearance time for work zone-related incidents&lt;br /&gt;
|-&lt;br /&gt;
| rowspan=&amp;quot;2&amp;quot; | &#039;&#039;&#039;[[#909.2.5_Planned_Special_Event_Management|909.2.5 Planned Special Event Management]]&#039;&#039;&#039; || Ensure &#039;&#039;&#039;safe&#039;&#039;&#039; travel conditions during special events || • Number and rate of special event-related crashes&amp;lt;br&amp;gt;• Vulnerable Road User (VRU) level of comfort/safety index near event venues&lt;br /&gt;
|-&lt;br /&gt;
| Improve &#039;&#039;&#039;mobility&#039;&#039;&#039; and minimize event-related congestion || • Travel time reliability during event periods&amp;lt;br&amp;gt;• Vehicle and pedestrian throughput at key access points&amp;lt;br&amp;gt;• Percent of events meeting planned operational performance targets&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
{| class=&amp;quot;wikitable&amp;quot; style=&amp;quot;margin:auto&amp;quot;&lt;br /&gt;
|+ &#039;&#039;Table 909.1.5.2 Linking MoDOT TSMO Strategies for Recurring Delays to Performance Metrics&#039;&#039;&lt;br /&gt;
|-&lt;br /&gt;
! style=&amp;quot;width:400px&amp;quot; | Strategy !! style=&amp;quot;width:400px&amp;quot; | Goals !! Example Performance Metric&lt;br /&gt;
|-&lt;br /&gt;
| rowspan=&amp;quot;3&amp;quot; | &#039;&#039;&#039;[[#909.3.1_Freeway_Operations_and_Management|909.3.1 Freeway Operations and Management]]&#039;&#039;&#039; || Support &#039;&#039;&#039;safety&#039;&#039;&#039; on managed freeway facilities || • Number and rate of crashes on freeway segments&amp;lt;br&amp;gt;• Number of secondary crashes&lt;br /&gt;
|-&lt;br /&gt;
| Improve &#039;&#039;&#039;travel reliability&#039;&#039;&#039; on freeway corridors || • Travel time reliability index&amp;lt;br&amp;gt;• Planning time index&lt;br /&gt;
|-&lt;br /&gt;
| Enhance operational &#039;&#039;&#039;efficiency&#039;&#039;&#039; on freeway corridors || • Average travel speed and delay&amp;lt;br&amp;gt;• Vehicle and truck throughput&amp;lt;br&amp;gt;• Number of recurring congestion hotspots mitigated&lt;br /&gt;
|-&lt;br /&gt;
| rowspan=&amp;quot;3&amp;quot; | &#039;&#039;&#039;[[#909.3.2_Arterial_Operations_and_Management|909.3.2 Arterial Operations and Management]]&#039;&#039;&#039; || Enhance &#039;&#039;&#039;safety&#039;&#039;&#039; at signalized intersections and arterials || • Crash frequency and severity at signalized intersections&amp;lt;br&amp;gt;• Pedestrian and bicycle crash rate&lt;br /&gt;
|-&lt;br /&gt;
| Improve &#039;&#039;&#039;efficiency&#039;&#039;&#039; of arterial traffic flow || • Arterial travel time and delay&amp;lt;br&amp;gt;• Signal progression quality (arrival on green, bandwidth)&amp;lt;br&amp;gt;• Number of mitigated congestion hotspots&lt;br /&gt;
|-&lt;br /&gt;
| Enhance &#039;&#039;&#039;reliability&#039;&#039;&#039; of multimodal arterial operations || • Transit signal delay at signals (if applicable)&amp;lt;br&amp;gt;• Pedestrian crossing delay&lt;br /&gt;
|-&lt;br /&gt;
| rowspan=&amp;quot;2&amp;quot; | &#039;&#039;&#039;[[#909.3.3_Freight_Operation|909.3.3 Freight Operation]]&#039;&#039;&#039; || Improve &#039;&#039;&#039;efficiency&#039;&#039;&#039; on key freight corridors || • Truck delay at bottlenecks&amp;lt;br&amp;gt;• Freight throughput (corridor or intermodal facility)&lt;br /&gt;
|-&lt;br /&gt;
| Enhance &#039;&#039;&#039;reliability&#039;&#039;&#039; of freight travel || • Truck travel time reliability index&amp;lt;br&amp;gt;• Number of freight-related congestion hotspots mitigated&lt;br /&gt;
|-&lt;br /&gt;
| rowspan=&amp;quot;3&amp;quot; | &#039;&#039;&#039;[[#909.3.4_Vulnerable_Road_Users|909.3.4 Vulnerable Road Users]]&#039;&#039;&#039; || Enhance &#039;&#039;&#039;safety&#039;&#039;&#039; and &#039;&#039;&#039;comfort&#039;&#039;&#039; for Vulnerable Road Users (VRUs) || • Number and rate of VRU crashes&amp;lt;br&amp;gt;• VRU level of comfort/safety index&lt;br /&gt;
|-&lt;br /&gt;
| Improve &#039;&#039;&#039;connectivity&#039;&#039;&#039; for walking and bicycling || • Miles of connected pedestrian/bicycle facilities&amp;lt;br&amp;gt;• Percent of network meeting connectivity standards&lt;br /&gt;
|-&lt;br /&gt;
| Support &#039;&#039;&#039;sustainable&#039;&#039;&#039;, multimodal travel options || • Share of trips completed using active modes&lt;br /&gt;
|-&lt;br /&gt;
| rowspan=&amp;quot;3&amp;quot; | &#039;&#039;&#039;[[#909.3.5_Transit_Operation|909.3.5 Transit Operation]]&#039;&#039;&#039; || Enhance &#039;&#039;&#039;mobility&#039;&#039;&#039; of transit users || • Passenger throughput per route or corridor&amp;lt;br&amp;gt;• Average transit travel time&lt;br /&gt;
|-&lt;br /&gt;
| Improve transit &#039;&#039;&#039;reliability&#039;&#039;&#039; and on-time performance || • Percent of on-time arrivals&amp;lt;br&amp;gt;• Transit travel time reliability (travel adherence)&lt;br /&gt;
|-&lt;br /&gt;
| Improve customer experience and multimodal access || • Customer satisfaction survey results&amp;lt;br&amp;gt;• Pedestrian access quality (stop accessibility index)&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
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&lt;br /&gt;
==909.2 Non-Congested Route (Non-Recurring Delays)==&lt;br /&gt;
&lt;br /&gt;
==909.2.1 Traffic Incident Management==&lt;br /&gt;
Traffic Incident Management (TIM) can help reduce the impact of roadway incidents by coordinating detection, response, and clearance activities among transportation, law enforcement, fire, EMS, towing, and other partners.&lt;br /&gt;
&lt;br /&gt;
While crashes, disabled vehicles, and cargo spills are the most common focus of TIM programs, there are a broader set of disruptions that can also be monitored including:&lt;br /&gt;
* Debris in the roadway &lt;br /&gt;
* Grass fires &lt;br /&gt;
* Lane-blocking emergency vehicles &lt;br /&gt;
* Vehicle fires &lt;br /&gt;
* Heavy congestion&lt;br /&gt;
&lt;br /&gt;
By incorporating this broader incident set, TIM strategies ensure operators and responders are prepared for a wide range of events that may impact traveler safety and network performance. The following sections outline strategies for TIM.&lt;br /&gt;
&lt;br /&gt;
&amp;lt;div style=&amp;quot;margin-top: 5px; background-color: #f8f9fa; padding: 0.3em; border: 1px solid #a2a9b1; text-align:left;&amp;quot;&amp;gt;&lt;br /&gt;
&#039;&#039;&#039;Users:&#039;&#039;&#039;&lt;br /&gt;
* TMC Operators → Detect and coordinate response ([[#909.2.1.3 Components|909.2.1.3 Components]]), disseminate traveler information ([[#909.2.1.1 Traffic Incident Management Plans|909.2.1.1 Traffic Incident Management Plans]]).&lt;br /&gt;
* Maintenance Technicians → Assist with clearance and roadway restoration ([[#909.2.1.3 Components|909.2.1.3 Components]]).&lt;br /&gt;
* Emergency Management Agencies → Critical frontline responders ([[#909.2.1.2 Stakeholders|909.2.1.2 Stakeholders]]).&lt;br /&gt;
&amp;lt;/div&amp;gt;&lt;br /&gt;
&lt;br /&gt;
===909.2.1.1 Traffic Incident Management Plans===&lt;br /&gt;
Traffic incidents occur without warning at any time and location on the highway system. On all segments of the interstate and freeway highway system, TIM plans should be developed in coordination with law enforcement and local responders to:&lt;br /&gt;
* Reduce response and clearance times.&lt;br /&gt;
* Develop alternate plans for handling affected traffic.&lt;br /&gt;
* Communicate and coordinate between first responders. &lt;br /&gt;
* Communicate traffic impacts to motorists.&lt;br /&gt;
&lt;br /&gt;
Reference [[:Category:948_Incident_Response_Plan_and_Emergency_Response_Management|EPG 948 Incident Response Plan and Emergency Response Management]] for additional information.&lt;br /&gt;
&lt;br /&gt;
===909.2.1.2 Stakeholders===&lt;br /&gt;
Effective TIM depends on collaboration among a wide range of partners. Law enforcement, fire/rescue, EMS, and towing operators provide immediate on-scene response, while MoDOT personnel and TMCs deliver critical support through detection, traffic control, and traveler information. Each stakeholder brings unique capabilities, and coordinated multi-agency response supports faster clearance, safer conditions for responders, and more reliable outcomes for the traveling public.&lt;br /&gt;
&lt;br /&gt;
===909.2.1.3 Components===&lt;br /&gt;
The core components of TIM—detection, verification, response, clearance, and recovery—create a structured framework for managing roadway incidents. Detection and verification confirm the incident type and location; coordinated response mobilizes the appropriate agencies; clearance restores traffic lanes and removes hazards; and recovery ensures the roadway is returned to normal operation. Addressing each component systematically reduces incident duration and enhances both safety and reliability.&lt;br /&gt;
&lt;br /&gt;
==909.2.2 Transportation Operations for Emergency Incidents or Disasters==&lt;br /&gt;
Emergency operations support safe and effective evacuation and mobility during disasters such as floods, tornadoes, earthquakes, or other emergencies. The following sections outline strategies for emergency operations during disasters.&lt;br /&gt;
 &lt;br /&gt;
&amp;lt;div style=&amp;quot;margin-top: 5px; background-color: #f8f9fa; padding: 0.3em; border: 1px solid #a2a9b1; text-align:left;&amp;quot;&amp;gt;&lt;br /&gt;
&#039;&#039;&#039;Users:&#039;&#039;&#039;&lt;br /&gt;
* Emergency Management Agencies → Coordinate disaster response ([[#909.2.2.1 Frameworks and Coordination|909.2.2.1 Frameworks and Coordination]]).&lt;br /&gt;
* Transportation Planners → Prepare evacuation plans ([[#909.2.2.2 Preparedness and Planning|909.2.2.2 Preparedness and Planning]]).&lt;br /&gt;
* Traffic Operations Engineers → Manage ingress and egress traffic flow ([[#909.2.2.3 Operational Strategies During Disasters|909.2.2.3 Operational Strategies During Disasters]]).&lt;br /&gt;
* TMC Operators → Monitor evacuation routes and push real-time traveler information ([[#909.2.2.3 Operational Strategies During Disasters|909.2.2.3 Operational Strategies During Disasters]]).&lt;br /&gt;
&amp;lt;/div&amp;gt;&lt;br /&gt;
&lt;br /&gt;
===909.2.2.1 Frameworks and Coordination===&lt;br /&gt;
MoDOT’s emergency transportation operations should align with the National Incident Management System (NIMS) and the Incident Command System (ICS). These frameworks establish the standard structure, terminology, and coordination processes for incident and disaster response at the local, state, and federal levels.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;National Incident Management System (NIMS)&#039;&#039;&#039;:&lt;br /&gt;
* Provides a nationwide approach for incident management and coordination.&lt;br /&gt;
* Provides emergency transportation operations guidance for interoperable collaboration with law enforcement, fire, EMS, emergency management, and federal partners.&lt;br /&gt;
* Establishes common terminology, communication protocols, and resource management procedures to support multi-agency operations.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Incident Command System (ICS)&#039;&#039;&#039;:&lt;br /&gt;
* Serves as the on-scene management structure for all types of incidents.&lt;br /&gt;
* Defines clear roles, responsibilities, and reporting relationships across agencies.&lt;br /&gt;
* Provides guidance on unified command structures, filling roles such as transportation branch directors, field observers, or technical specialists.&lt;br /&gt;
* Provides flexibility to scale operations for localized or statewide events.&lt;br /&gt;
&lt;br /&gt;
For detailed response information, please contact MoDOT’s Safety and Emergency Management.&lt;br /&gt;
&lt;br /&gt;
===909.2.2.2 Preparedness and Planning===&lt;br /&gt;
* Develop and exercise evacuation and emergency operations plans.&lt;br /&gt;
* Use simulation and scenario testing to identify gaps and strengthen interagency protocols.&lt;br /&gt;
* Establish pre-designated staging areas for resource allocation, evacuation support, and vehicle marshaling.&lt;br /&gt;
&lt;br /&gt;
===909.2.2.3 Operational Strategies During Disasters===&lt;br /&gt;
* &#039;&#039;&#039;Traffic Management&#039;&#039;&#039;: Complete rapid damage assessment and plan and publish routes for ingress and egress to the impacted area.&lt;br /&gt;
* &#039;&#039;&#039;Multimodal Evacuations&#039;&#039;&#039;: Utilize buses, school buses, and regional transit providers to assist in large-scale evacuations.&lt;br /&gt;
* &#039;&#039;&#039;Route Monitoring&#039;&#039;&#039;: Employ field observations, cameras, and sensors to track evacuation route conditions in real time.&lt;br /&gt;
* &#039;&#039;&#039;Public Information&#039;&#039;&#039;: Provide timely traveler information, evacuation messaging, and updates in coordination with media partners.&lt;br /&gt;
&lt;br /&gt;
==909.2.3 Road Weather Management== &lt;br /&gt;
Road Weather Management strategies improve mobility, reliability, and safety during weather events through strategies such as targeted traveler information, warnings, and operational interventions. The following sections outline strategies for road weather management.&lt;br /&gt;
&lt;br /&gt;
&amp;lt;div style=&amp;quot;margin-top: 5px; background-color: #f8f9fa; padding: 0.3em; border: 1px solid #a2a9b1; text-align:left;&amp;quot;&amp;gt;&lt;br /&gt;
&#039;&#039;&#039;Users:&#039;&#039;&#039;&lt;br /&gt;
* TMC Operators → Operate dynamic message signs and push alerts ([[#909.2.3.1 Road Weather Warnings/Alerts and Dynamic Message Signs|909.2.3.1 Road Weather Warnings/Alerts and Dynamic Message Signs]]; [[#909.2.3.2 Road Weather Information Systems|909.2.3.2 Road Weather Information Systems]]).&lt;br /&gt;
* Maintenance Technicians → Respond to weather conditions, deploy treatment ([[#909.2.3.2 Road Weather Information Systems|909.2.3.2 Road Weather Information Systems]]).&lt;br /&gt;
* Traffic Operations Engineers → Integrate road weather information systems data ([[#909.2.3.1 Road Weather Warnings/Alerts and Dynamic Message Signs|909.2.3.1 Road Weather Warnings/Alerts and Dynamic Message Signs]]; [[#909.2.3.2 Road Weather Information Systems|909.2.3.2 Road Weather Information Systems]]).&lt;br /&gt;
&amp;lt;/div&amp;gt;&lt;br /&gt;
 &lt;br /&gt;
===909.2.3.1 Road Weather Warnings/Alerts and Dynamic Message Signs===&lt;br /&gt;
Used to display real-time information to warn motorists of roadway incidents, construction or congestion ahead that could pose a hazard or cause delays.&lt;br /&gt;
&lt;br /&gt;
Procedures for Dynamic Message Signs are outlined in [[910.3_Dynamic_Message_Signs_(DMS)|EPG 910.3 Dynamic Message Signs (DMS)]].&lt;br /&gt;
&lt;br /&gt;
===909.2.3.2 Road Weather Information Systems===&lt;br /&gt;
Road Weather Information Systems (RWIS) provide real-time data on weather and roadway conditions to support transportation system operations and maintenance activities. These systems collect information such as air and pavement temperatures, precipitation, visibility, and surface conditions to help inform operational decisions. Data may be collected through field sensors, third-party weather service providers, or a combination of both, depending on system needs and available resources.&lt;br /&gt;
&lt;br /&gt;
==909.2.4 Work Zone Traffic Management== &lt;br /&gt;
Work zone strategies reduce risk to workers and travelers while minimizing delays during construction and maintenance activities. These strategies apply to both short-term and long-term work zones, recognizing that every project, regardless of duration, can significantly affect roadway operations and safety. &lt;br /&gt;
&lt;br /&gt;
Effective work zone traffic management begins early in project development. Once a project design has been determined, the [https://epg.modot.org/forms/general_files/TS/WZ_Impact_Analysis.xlsm MoDOT Work Zone Impact Analysis Spreadsheet] assists in identifying which work zone strategies should be incorporated to provide real-time information and warnings to motorists, supporting both safety and traffic mobility through the project corridor.&lt;br /&gt;
&lt;br /&gt;
The [[media:909_WZM_Guidebook.pdf|Work Zone Management Guidebook]] serves as a comprehensive reference for planning and implementing work zone traffic management. The Guidebook covers a range of tools and strategies, from temporary traffic control and traveler information systems to smart work zone technologies, and is intended to help project teams maximize safety and minimize traffic impacts across all project types and durations. It also includes information about the use of law enforcement in work zones, contractor management and work zone inspections. The following sections outline key strategies for work zone traffic management.&lt;br /&gt;
&lt;br /&gt;
&amp;lt;div style=&amp;quot;margin-top: 5px; background-color: #f8f9fa; padding: 0.3em; border: 1px solid #a2a9b1; text-align:left;&amp;quot;&amp;gt;&lt;br /&gt;
&#039;&#039;&#039;Users:&#039;&#039;&#039;&lt;br /&gt;
* Design Staff → Incorporate TMP and ITS strategies into project design, when practical ([[#909.2.4.1 Traffic Management Plan|909.2.4.1 Traffic Management Plan]]; [[#909.2.4.4 Use of Intelligent Transportation Systems|909.2.4.4 Use of Intelligent Transportation Systems]]).&lt;br /&gt;
* Work Zone Specialists → Review and manage TMPs, oversee traffic control device setup, and ensure compliance with MoDOT standards ([[#909.2.4.1 Traffic Management Plan|909.2.4.1 Traffic Management Plan]]; [[#909.2.4.2 Traffic Incident Management Plan|909.2.4.2 Traffic Incident Management Plan]]).&lt;br /&gt;
* Construction Inspectors → Enforce work zone traffic control measures ([[#909.2.4.2 Traffic Incident Management Plan|909.2.4.2 Traffic Incident Management Plan]]).&lt;br /&gt;
* Traffic Operations Engineers → Oversee ITS integration and system strategies ([[#909.2.4.3 Smart Work Zones|909.2.4.3 Smart Work Zones]];  [[#909.2.4.4 Use of Intelligent Transportation Systems|909.2.4.4 Use of Intelligent Transportation Systems]]).&lt;br /&gt;
* TMC Operators → Monitor work zones and disseminate real-time traveler information ([[#909.2.4.4 Use of Intelligent Transportation Systems|909.2.4.4 Use of Intelligent Transportation Systems]]).&lt;br /&gt;
&amp;lt;/div&amp;gt;&lt;br /&gt;
&lt;br /&gt;
===909.2.4.1 Traffic Management Plan===&lt;br /&gt;
The Transportation Management Plan (TMP) consists of strategies to manage the work zone impacts of a project. Each TMP is tailored to the unique conditions of a project and typically incorporates three coordinated elements: Traffic Control Plan (TCP), Traffic Operations (TO), and Public Information and Outreach (PIO). &lt;br /&gt;
&lt;br /&gt;
As an initial step, a project design should be selected to eliminate or minimize additional delays and traffic queueing during construction. [[616.19_Work_Zone_Capacity,_Queue_and_Travel_Delay|EPG 616.19 Work Zone Capacity, Queue and Travel Delay]] provides tools to assess the traffic impact of the proposed project design(s).&lt;br /&gt;
&lt;br /&gt;
For additional detail on the required elements, development process, and documentation standards for TMPs, reference [[616.20_Work_Zone_Safety_and_Mobility_Policy#616.20.9_Work_Zone_Transportation_Management_Plan|EPG 616.20.9 Work Zone Transportation Management Plan]]. For additional information on developing Work Zone Traffic Management JSPs for use in core team meetings, reference [[616.20_Work_Zone_Safety_and_Mobility_Policy#616.20.7_Significant_Projects|EPG 616.20.7 Significant Projects]].&lt;br /&gt;
&lt;br /&gt;
===909.2.4.2 Traffic Incident Management Plan===&lt;br /&gt;
When traffic incidents occur within a work zone, it is important to clear the incident and restore traffic as quickly as possible. To aid in this effort, a project-based traffic incident management (TIM) plan should be developed for all significant projects on interstate and freeways.&lt;br /&gt;
&lt;br /&gt;
Reference [[#909.2.1.1 Traffic Incident Management Plans|EPG 909.2.1.1 Traffic Incident Management (TIM) Plans]] for additional information.&lt;br /&gt;
&lt;br /&gt;
===909.2.4.3 Smart Work Zones===&lt;br /&gt;
Smart work zones integrate temporary Intelligent Transportation Systems (ITS) technologies into construction and maintenance areas to improve safety for workers and motorists and to reduce traffic delays. These systems use real-time monitoring, detection, and communication tools to provide dynamic information and warnings to travelers based on actual conditions within and upstream of the work zone.&lt;br /&gt;
&lt;br /&gt;
Smart work zone strategy information is available at [[616.19_Work_Zone_Capacity,_Queue_and_Travel_Delay#616.19.6.3_Smart_Work_Zone_(SWZ)_Strategy_Selection|EPG 616.19.6.3 Smart Work Zone (SWZ) Strategy Selection]]. MoDOT has used, but is not limited to, the following smart work zone strategies:&lt;br /&gt;
* Construction Vehicle Warning System&lt;br /&gt;
* Dynamic Late (Zipper) Merge System&lt;br /&gt;
* Queue Warning System&lt;br /&gt;
* Speed Warning System&lt;br /&gt;
* Work Zone ITS and Temporary Traffic Incident Management System&lt;br /&gt;
* Travel Time Advisory System&lt;br /&gt;
* Travel Time Advisory System with Alternate Routes&lt;br /&gt;
&lt;br /&gt;
For additional guidance on smart work zone strategy selection during project delivery and development, refer to [[616.20_Work_Zone_Safety_and_Mobility_Policy|EPG 616.20 Work Zone Safety and Mobility Policy]]. Additional information can also be found in [[616.19_Work_Zone_Capacity,_Queue_and_Travel_Delay|EPG 616.19 Work Zone Capacity, Queue and Travel Delay]].&lt;br /&gt;
&lt;br /&gt;
===909.2.4.4 Use of Intelligent Transportation Systems===&lt;br /&gt;
Intelligent Transportation Systems (ITS) devices (cameras, sensors, communication systems) provide detection and real-time monitoring of work zones.&lt;br /&gt;
&lt;br /&gt;
Procedures for ITS devices are outlined in [[:Category:910_Intelligent_Transportation_Systems|EPG 910 Intelligent Transportation Systems]].&lt;br /&gt;
&lt;br /&gt;
==909.2.5 Planned Special Event Management==&lt;br /&gt;
Special event management strategies ensure safe and efficient mobility during large gatherings, sporting events, and other planned activities. The following sections outline strategies for planned special event management.&lt;br /&gt;
&lt;br /&gt;
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&#039;&#039;&#039;Users:&#039;&#039;&#039;&lt;br /&gt;
* Transportation Planners → Develop TMPs for special events and coordinate agencies ([[#909.2.5.1 Pre-Event Planning|909.2.5.1 Pre-Event Planning]]; [[#909.2.5.4 Post-Event Evaluation|909.2.5.4 Post-Event Evaluation]]).&lt;br /&gt;
* Traffic Operations Engineers → Design strategies for traffic flow and multimodal support ([[#909.2.5.2 Implementation|909.2.5.2 Implementation]]).&lt;br /&gt;
* TMC Operators → Manage day-of-event operations and traveler communications ([[#909.2.5.3 Day-of-Event Operations|909.2.5.3 Day-of-Event Operations]]).&lt;br /&gt;
* Emergency Management Agencies → Manage access, safety, and enforcement ([[#909.2.5.2 Implementation|909.2.5.2 Implementation]]).&lt;br /&gt;
&amp;lt;/div&amp;gt; &lt;br /&gt;
&lt;br /&gt;
===909.2.5.1 Pre-Event Planning===&lt;br /&gt;
* Develop Transportation Management Plans (TMPs) with input from MoDOT, local agencies, law enforcement, transit providers, and event organizers.&lt;br /&gt;
* Identify needs for Emergency Operations Center (EOC) and Joint Operations Center (JOC) activation, staffing augmentation, and resource staging for high-profile or large-scale events (e.g., sporting events, major concerts, parades, funerals, festivals, eclipse, political events).&lt;br /&gt;
* Plan for multimodal access (transit, walking, biking) and freight restrictions, where applicable.&lt;br /&gt;
&lt;br /&gt;
===909.2.5.2 Implementation===&lt;br /&gt;
* Deploy traffic control devices, signage, and ITS in advance of the event.&lt;br /&gt;
* Coordinate with law enforcement and emergency management on enforcement zones, access control, and responder staging.&lt;br /&gt;
* Conduct interagency briefings to confirm roles, responsibilities, and communication protocols.&lt;br /&gt;
&lt;br /&gt;
===909.2.5.3 Day-of-Event Operations===&lt;br /&gt;
* Manage traffic and crowd circulation using TMC monitoring, field staff, and real-time traveler information (dynamic message signs, push alerts, social media).&lt;br /&gt;
* Coordinate with EOC/JOC if activated to ensure situational awareness and resource support.&lt;br /&gt;
* Adjust plans dynamically to address congestion, incidents, or security needs.&lt;br /&gt;
&lt;br /&gt;
===909.2.5.4 Post-Event Evaluation===&lt;br /&gt;
* Conduct after-action reviews with MoDOT staff, law enforcement, emergency management, and event organizers.&lt;br /&gt;
* Document lessons learned, identify gaps in staffing or coordination, and refine TMPs for future events.&lt;br /&gt;
* Capture performance measures such as clearance times, delay estimates, and traveler feedback.&lt;br /&gt;
&lt;br /&gt;
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==909.3 Congested Route (Recurring Delays)==&lt;br /&gt;
&lt;br /&gt;
==909.3.1 Freeway Operations and Management==&lt;br /&gt;
Freeway operations strategies help enhance safety, reduce recurring congestion, and improve travel time reliability on major corridors. The following sections outline some strategies for freeway operations and management. Not all strategies discussed below are currently used in Missouri; however, they are included to provide a range of options that may be considered based on context, needs, and available resources.&lt;br /&gt;
 &lt;br /&gt;
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&#039;&#039;&#039;Users:&#039;&#039;&#039;&lt;br /&gt;
* TMC Operators → Monitor and adjust dynamic controls, coordinate corridor operations, and manage incident response ([[#909.3.1.3 Dynamic Speed Limits|909.3.1.3 Dynamic Speed Limits]]; [[#909.3.1.4 Queue Warning|909.3.1.4 Queue Warning]]; [[#909.3.1.6 Transportation Management Centers|909.3.1.5 Transportation Management Centers]]).&lt;br /&gt;
* Traffic Operations Engineers → Design freeway operations strategies, oversee policy-sensitive strategies, and evaluate corridor performance ([[#909.3.1.2 Part-Time Shoulder Use (Hard Shoulder Running)|909.3.1.2 Part-Time Shoulder Use]]; [[#909.3.1.5 Transportation Management Centers|909.3.1.5 Traffic Management Centers]]; [[#909.3.1.6 Managed Lanes|909.3.1.6 Managed Lanes]]).&lt;br /&gt;
* Information Systems Managers → Maintain ITS infrastructure, support automated detection, and ensure system integration for real-time operations ([[#909.3.1.5 Transportation Management Centers|909.3.1.5 Transportation Management Centers]]; [[#909.3.1.7 Automated Incident Detection|909.3.1.7 Automated Incident Detection]]).&lt;br /&gt;
&amp;lt;/div&amp;gt; &lt;br /&gt;
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&#039;&#039;&#039;Policy Coordination&#039;&#039;&#039; – It is encouraged that any consideration or application of the following strategies should be closely coordinated with applicable Central Office staff, including the Highway Safety and Traffic Division, as well as other related divisions to support consistency with  MoDOT policy, design standards, and operational practices.&lt;br /&gt;
&amp;lt;/div&amp;gt;&lt;br /&gt;
 &lt;br /&gt;
===909.3.1.1 Ramp Management and Control===&lt;br /&gt;
Ramp management and control strategies, including ramp metering and adaptive ramp management, regulate vehicle entry onto freeways to improve merging operations, reduce conflicts, and smooth overall traffic flow. This remains a dynamic application where it is implemented, with operational adjustments based on corridor conditions.&lt;br /&gt;
&lt;br /&gt;
Currently, Missouri does not operate continuous ramp metering systems. Instead, ramp meters are activated dynamically based on real-time traffic conditions when metrics (such as speed, volume, and/or density) exceed predefined thresholds. &lt;br /&gt;
&lt;br /&gt;
===909.3.1.2 Part-Time Shoulder Use (Hard Shoulder Running)===&lt;br /&gt;
Part-time shoulder use, also known as hard shoulder running, allows roadway shoulders to serve as temporary travel lanes during peak periods, incidents, or emergencies. Applications may be designed for all vehicles or limited to transit operations.&lt;br /&gt;
&lt;br /&gt;
This strategy is increasingly being implemented by peer agencies across the country, particularly in corridors with limited right-of-way or peak-period capacity needs. While Missouri does not currently have any active applications of part-time shoulder use, the concept may present opportunities in select corridors - especially where traditional widening is not feasible and where shoulders are constructed to full-depth pavement standards.&lt;br /&gt;
&lt;br /&gt;
===909.3.1.3 Dynamic Speed Limits===&lt;br /&gt;
Dynamic speed limits adjust posted speed limits in real time based on conditions such as traffic flow, weather, or incidents. This approach has been applied by several peer agencies to improve safety, smooth traffic flow, and reduce crash risk.&lt;br /&gt;
&lt;br /&gt;
In Missouri, there are no permanent applications of dynamic speed limits in routine freeway operations. However, the strategy may hold value in temporary, controlled environments, particularly in work zones, where changing conditions may warrant more flexible speed management.&lt;br /&gt;
&lt;br /&gt;
===909.3.1.4 Queue Warning===&lt;br /&gt;
Queue warning systems are designed to alert motorists of slow or stopped traffic ahead, helping to reduce the likelihood of sudden braking and rear-end collisions. In Missouri, queue warning is typically implemented using probe data to identify travel times, including delays associated with downstream incidents or congestion, and to display warning messages on Dynamic Message Signs (DMS). &lt;br /&gt;
&lt;br /&gt;
In work zones, queue warning applications commonly include the use of probe data linked to DMS, as well as sensor-based systems that detect traffic conditions and trigger messages on Changeable Message Signs (CMS). These approaches help provide advance warning to drivers when queues form due to temporary capacity constraints and changing traffic conditions. &lt;br /&gt;
&lt;br /&gt;
Effective implementation requires appropriate placement of signs upstream of anticipated queue locations and consideration of roadway speeds to ensure adequate driver perception and reaction time.&lt;br /&gt;
&lt;br /&gt;
===909.3.1.5 Transportation Management Centers===&lt;br /&gt;
Transportation Management Centers (TMCs) serve as the operational backbone of ICM. From TMCs, MoDOT staff monitor real-time traffic conditions, manage ITS devices, coordinate incident response, and adjust strategies such as ramp metering or queue warning. This centralized approach enables proactive management of corridors, supporting safety and reliability during incidents, work zones, and peak travel periods.&lt;br /&gt;
&lt;br /&gt;
===909.3.1.6 Managed Lanes===&lt;br /&gt;
Managed lanes are roadway segments where access and use are actively regulated to improve traffic flow, safety, or reliability. Common approaches used nationally include bus-only lanes and truck-only lanes. These treatments are typically considered in locations with recurring congestion, limited right-of-way, or freight movement challenges.&lt;br /&gt;
&lt;br /&gt;
At present, Missouri has no active managed lane facilities.&lt;br /&gt;
&lt;br /&gt;
===909.3.1.7 Automated Incident Detection===&lt;br /&gt;
Automated incident detection systems use roadside sensors, video feeds, and software algorithms to identify crashes, stalled vehicles, or other disruptions in real time. These systems often integrate data analytics with CCTV camera footage to detect unusual traffic patterns or stopped vehicles more quickly than traditional operator observation alone. By providing earlier notification of likely incidents, automated detection enhances safety, reduces secondary crashes, and improves response times for emergency and traffic management personnel.&lt;br /&gt;
&lt;br /&gt;
==909.3.2 Arterial Operations and Management==&lt;br /&gt;
Arterial operations strategies help improve mobility, safety, and reliability on surface streets through targeted improvements, signal operations, and multimodal accommodations. These strategies focus on reducing congestion at bottlenecks, enhancing intersection performance, and supporting consistent travel across urban and suburban corridors.&lt;br /&gt;
&lt;br /&gt;
In Missouri, arterial management is often a shared responsibility between MoDOT and regional or local partners. For example, the Kansas City region’s Operation Green Light program coordinates arterial signal timing and corridor operations in collaboration with MoDOT and multiple local jurisdictions. Other examples include MoDOT’s partnership with St. Charles in the St. Louis region and collaboration with the City of Springfield and the Ozarks Transportation Organization. Similar arrangements may exist in other regions where MPOs, cities, or counties lead day-to-day arterial management. Practitioners should recognize that depending on the corridor and location, responsibility for arterial operations may rest with another entity, requiring coordination and partnership to ensure consistent system performance.&lt;br /&gt;
&lt;br /&gt;
The following sections outline strategies for arterial operations and management.&lt;br /&gt;
 &lt;br /&gt;
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&#039;&#039;&#039;Users:&#039;&#039;&#039;&lt;br /&gt;
* Traffic Operations Engineers → Manage signals, coordination, and adaptive timing ([[#909.3.2.3 Traffic Signal Program Management|909.3.2.3 Traffic Signal Program Management]]; [[#909.3.2.4 Traffic Signal Timing and Coordination|909.3.2.4 Traffic Signal Timing and Coordination]]; [[#909.3.2.5 Transit Signal Priority|909.3.2.5 Transit Signal Priority]]).&lt;br /&gt;
* Design Staff → Implement innovative intersections and targeted improvements ([[#909.3.2.1 Targeted Infrastructure Improvements|909.3.2.1 Targeted Infrastructure Improvements]]; [[#909.3.2.2 Alternative Intersection Designs|909.3.2.2 Alternative Intersection Designs]]).&lt;br /&gt;
* TMC Operators → Oversee corridor signal adjustments and incident response ([[#909.3.2.4 Traffic Signal Timing and Coordination|909.3.2.4 Traffic Signal Timing and Coordination]]; [[#909.3.2.6 Arterial Dynamic Shoulder Use|909.3.2.6 Arterial Dynamic Shoulder Use]]).&lt;br /&gt;
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&#039;&#039;&#039;Policy Coordination&#039;&#039;&#039; – It is encouraged that any consideration or application of the following strategies should be closely coordinated with applicable Central Office staff, including the Highway Safety and Traffic Division, as well as other related divisions to support consistency with MoDOT policy, design standards, and operational practices.&lt;br /&gt;
&amp;lt;/div&amp;gt;&lt;br /&gt;
&lt;br /&gt;
===909.3.2.1 Targeted Infrastructure Improvements===&lt;br /&gt;
Targeted infrastructure improvements are localized enhancements that address recurring bottlenecks or multimodal safety concerns on arterial corridors. Common treatments include new or extended turn lanes to reduce delay at intersections, access control to improve traffic flow and safety, and bus pullouts to minimize transit-related delays. Pedestrian and bicyclist accommodations such as crosswalk improvements, refuge islands, and protected lanes also support safer and more reliable mobility for all users.&lt;br /&gt;
&lt;br /&gt;
===909.3.2.2 Alternative Intersection Designs===&lt;br /&gt;
Alternative intersection designs apply alternative layouts to improve safety and efficiency where traditional designs are constrained. Examples include restricted crossing U-turns (RCUTs), median U-turns, and displaced left-turn (continuous flow) intersections, which reduce conflict points and increase throughput. These designs are increasingly considered where right-of-way is limited, traffic volumes are high, or safety issues persist with conventional layouts.&lt;br /&gt;
&lt;br /&gt;
Additional information can be found in [[233.5_Intersection_Alternatives|EPG 233.5 Intersection Alternatives]].&lt;br /&gt;
&lt;br /&gt;
===909.3.2.3 Traffic Signal Program Management===&lt;br /&gt;
A comprehensive traffic signal program helps support effective corridor operations. Program elements include monitoring and evaluating existing signal systems, scheduling recurring retiming efforts, and integrating new technologies over time. A proactive, programmatic approach supports consistent signal management across jurisdictions, improving reliability and reducing the need for inefficient, piecemeal adjustments.&lt;br /&gt;
&lt;br /&gt;
Procedures for signal operation and maintenance are outlined in [[902.1_General_(MUTCD_Chapter_4A)#902.1.10_Responsibility_for_Operation_and_Maintenance_(MUTCD_Section_4A.10)|902.1.10 Responsibility for Operation and Maintenance (MUTCD Section 4A.10)]].&lt;br /&gt;
&lt;br /&gt;
===909.3.2.4 Traffic Signal Timing and Coordination===&lt;br /&gt;
Traffic signal timing and coordination strategies are a cost-effective approach to improve arterial operations. By updating signal timing plans and coordinating operations across intersections, agencies can reduce delays and support more predictable travel along corridors. These strategies allow signal operations to reflect current traffic conditions, land use patterns, and system changes, while also providing a foundation for integrating advanced technologies such as adaptive control.&lt;br /&gt;
&lt;br /&gt;
&amp;lt;u&amp;gt;Applications:&amp;lt;/u&amp;gt;&lt;br /&gt;
* &#039;&#039;&#039;Traffic Signal Retiming&#039;&#039;&#039; – Updating the timing plans for one signalized intersection or a corridor of intersections based on the latest traffic volumes. Retiming is recommended every few years or after significant changes to transportation systems or land use within a given area.&lt;br /&gt;
* &#039;&#039;&#039;Traffic Signal Coordination&#039;&#039;&#039; – Coordinating traffic signal timing along a corridor to enable a “green wave” of vehicles traveling through a sequence of signals. Coordination optimizes the splits and offsets of signals to allow for smoother, progressive traffic flow.&lt;br /&gt;
* &#039;&#039;&#039;Adaptive Traffic Signal Control&#039;&#039;&#039; – Coordinating traffic signal timing across a network using real-time detector data to accommodate current, prevailing traffic patterns. This allows for dynamic adjustment of timing in response to fluctuating traffic conditions.&lt;br /&gt;
&lt;br /&gt;
Procedures for signal phasing and operation are outlined in [[902.23_Traffic_Signal_Phasing_and_Operation|EPG 902.23 Traffic Signal Phasing and Operation]].&lt;br /&gt;
&lt;br /&gt;
===909.3.2.5 Transit Signal Priority===&lt;br /&gt;
Transit signal priority (TSP) strategies adjust signal phasing to reduce delay for buses and improve the efficiency of transit operations. TSP can extend green phases and/or provide early green intervals to help transit vehicles move more consistently through intersections. By enhancing the speed and reliability of bus service, TSP supports multimodal goals and encourages greater use of transit along arterial corridors.&lt;br /&gt;
&lt;br /&gt;
===909.3.2.6 Arterial Dynamic Shoulder Use===&lt;br /&gt;
Arterial dynamic shoulder use provides additional capacity and helps improve multimodal efficiency by repurposing existing roadway space under defined conditions. Dynamic shoulder use allows roadway shoulders to operate as travel lanes during peak periods or special events, while maintaining their primary role for emergency access during off-peak times. When feasible, this strategy can help reduce delays, improve vehicle-throughput, and support multimodal goals in areas where right-of-way is constrained and traditional widening is not feasible. Successful implementation requires clear operational policies, appropriate signing and striping, and coordination with enforcement and transit partners to ensure safety and effectiveness.&lt;br /&gt;
&lt;br /&gt;
Although Missouri does not currently implement arterial dynamic shoulder use, the approach may offer targeted benefits in select corridors. However, because shoulders are typically not constructed to full-depth pavement standards, implementation would likely require reconstruction or significant upgrades to support sustained traffic loading.&lt;br /&gt;
&lt;br /&gt;
==909.3.3 Freight Operation==&lt;br /&gt;
Freight operations strategies address truck mobility, parking, and safety near freight generators such as ports and distribution centers. The following sections outline key strategies for freight operations.&lt;br /&gt;
&lt;br /&gt;
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&#039;&#039;&#039;Users:&#039;&#039;&#039;&lt;br /&gt;
* Transportation Planners → Coordinate freight corridors, permitting, and parking strategies ([[#909.3.3.1 Freight Operations Around Ports and Generators|909.3.3.1 Freight Operations Around Ports and Generators]]; [[#909.3.3.2 Truck Parking|909.3.3.2 Truck Parking]]; [[#909.3.3.3 Regional Permitting|909.3.3.3 Regional Permitting]]).&lt;br /&gt;
* Traffic Operations Engineers → Oversee technology applications and truck restrictions ([[#909.3.3.1 Freight Operations Around Ports and Generators|909.3.3.1 Freight Operations Around Ports and Generators]]; [[#909.3.3.4 Technology Applications for Freight|909.3.3.4 Technology Applications for Freight]]; [[#909.3.3.5 Connected and Automated Freight Vehicles|909.3.3.5 Connected and Automated Freight Vehicles]]).&lt;br /&gt;
&amp;lt;/div&amp;gt;&lt;br /&gt;
 &lt;br /&gt;
Reference MoDOT’s [https://www.modot.org/2022-state-freight-and-rail-plan-documents 2022 State Freight and Rail Plan Documents] for additional information.&lt;br /&gt;
&lt;br /&gt;
===909.3.3.1 Freight Operations Around Ports and Generators===&lt;br /&gt;
Freight hubs such as ports, intermodal yards, and distribution centers generate concentrated truck activity that can create localized congestion and safety concerns. Targeted operational improvements may include intersection upgrades, dedicated freight lanes, improved signage, or optimized signal timing along key freight corridors. These measures reduce bottlenecks, improve travel time reliability for trucks, and minimize conflicts between freight and passenger vehicles in high-demand areas.&lt;br /&gt;
&lt;br /&gt;
===909.3.3.2 Truck Parking===&lt;br /&gt;
Adequate truck parking supports driver safety, freight efficiency, and regulatory compliance. Strategies include the development of new truck parking facilities, upgrades to existing rest areas, and the integration of real-time availability systems that help drivers locate spaces. Reservation tools and wayfinding applications can further support efficient parking use and reduce the safety risks associated with unauthorized shoulder or ramp parking.&lt;br /&gt;
&lt;br /&gt;
===909.3.3.3 Regional Permitting===&lt;br /&gt;
Freight often crosses multiple jurisdictions, and inconsistent permitting processes can add delay and administrative burden. Regional permitting strategies streamline requirements by coordinating across state, county, and local agencies. Harmonizing size, weight, and routing approvals enhances efficiency for carriers while reducing redundant processes for agencies, particularly along high-volume freight corridors.&lt;br /&gt;
&lt;br /&gt;
===909.3.3.4 Technology Applications for Freight===&lt;br /&gt;
Technology provides powerful tools for managing freight mobility. Examples include routing platforms that help drivers avoid weight-restricted bridges or low-clearance structures, monitoring systems that track freight movement in real time, and automated clearance technologies at weigh stations or ports of entry. Collectively, these applications enhance efficiency, improve safety, and provide data to better manage freight corridors.&lt;br /&gt;
&lt;br /&gt;
===909.3.3.5 Connected and Automated Freight Vehicles===&lt;br /&gt;
The freight industry is a leading sector for testing and deploying connected and automated vehicle (CV/AV) technologies. Applications may include platooning, automated truck-mounted attenuators, or fully automated long-haul freight operations. These technologies have the potential to improve safety, reduce driver fatigue, and increase efficiency in freight corridors. Early deployment efforts require coordination with industry, agencies, and technology providers to ensure infrastructure readiness and to evaluate operational impacts.&lt;br /&gt;
&lt;br /&gt;
==909.3.4 Vulnerable Road Users==&lt;br /&gt;
Vulnerable road users (VRUs) are individuals who travel without the protection of an enclosed vehicle and therefore face a greater risk of serious injury in a collision. VRUs include pedestrians, roadway workers, individuals using wheelchairs or other personal mobility devices, bicyclists, motorcyclists, and users of electric scooters and other micromobility devices. The following sections outline strategies to improve safety, access, and comfort for these users within the transportation system.&lt;br /&gt;
 &lt;br /&gt;
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&#039;&#039;&#039;Users:&#039;&#039;&#039;&lt;br /&gt;
* Design Staff → Implement bike lanes, pedestrian facilities, and safety enhancements ([[#909.3.4.1 Safety Enhancements|909.3.4.1 Safety Enhancements]]; [[#909.3.4.2 Pedestrian and Accessibility Facilities|909.3.4.2 Pedestrian and Accessibility Facilities]]; [[#909.3.4.3 Bicycle Lanes and Cycle Tracks|909.3.4.3 Bicycle Lanes and Cycle Tracks]]).&lt;br /&gt;
* Transportation Planners → Support multimodal planning and education programs ([[#909.3.4.1 Safety Enhancements|909.3.4.1 Safety Enhancements]]; [[#909.3.4.4 VRU Education and Outreach|909.3.4.4 VRU Education]]).&lt;br /&gt;
&amp;lt;/div&amp;gt;&lt;br /&gt;
&lt;br /&gt;
===909.3.4.1 Safety Enhancements===&lt;br /&gt;
Selective deployment of safety enhancements should be informed by [[:Category:907_Traffic_Safety|EPG 907 Traffic Safety]] and tailored to the needs of VRUs. Enhancements may include improved crossings, lighting, signing and pavement markings, speed management strategies, traffic calming measures, work zone protections for roadway workers, and design treatments that reduce conflicts involving motorcyclists and micromobility users.&lt;br /&gt;
&lt;br /&gt;
===909.3.4.2 Pedestrian and Accessibility Facilities===&lt;br /&gt;
Sidewalks, shared-use paths, accessible curb ramps, transit stop connections and enhanced or grade-separated crossings should be prioritized where safety risks, accessibility needs, or network gaps are identified. Integrating these facilities in alignment with Complete Streets principles ([[907.10_Complete_Streets|EPG 907.10 Complete Streets]]), in coordination with regional and local partners, helps support safe, efficient access for pedestrians and individuals using wheelchairs or other mobility devices.&lt;br /&gt;
&lt;br /&gt;
Additional information can be found in [[:Category:642_Pedestrian_Facilities|EPG 642 Pedestrian Facilities]].&lt;br /&gt;
&lt;br /&gt;
===909.3.4.3 Bicycle Lanes and Cycle Tracks===&lt;br /&gt;
Where conditions and community priorities warrant, dedicated bike lanes or protected cycle tracks can enhance comfort and safety for bicyclists and other micromobility users, including users of electric scooters and similar devices. MoDOT supports the Complete Street concept (as outlined in [[907.10_Complete_Streets|EPG 907.10 Complete Streets]]) and encourages coordination with communities and regional partners to consider these facilities where appropriate.&lt;br /&gt;
&lt;br /&gt;
Additional information can be found in [[:Category:641_Bicycle_Facilities|EPG 641 Bicycle Facilities]].&lt;br /&gt;
&lt;br /&gt;
===909.3.4.4 VRU Education and Outreach===&lt;br /&gt;
Support community-informed education and outreach programs that promote safe behaviors among VRUs. Programs may address the needs of pedestrians, bicyclists, micromobility users, motorcyclists, individuals with disabilities, and drivers, and may include collaboration with local schools, community organizations, advocacy groups, employers, transit agencies, and public safety partners.&lt;br /&gt;
&lt;br /&gt;
==909.3.5 Transit Operation==&lt;br /&gt;
Transit operations strategies improve speed, reliability, and accessibility of transit services. The following sections outline strategies for transit operations.&lt;br /&gt;
&lt;br /&gt;
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&#039;&#039;&#039;Users:&#039;&#039;&#039;&lt;br /&gt;
* Transit Agencies → Operate BRT, implement TSP, and manage transit vehicles ([[#909.3.5.1 Transit Signal Priority|909.3.5.1 Transit Signal Priority]]; [[#909.3.5.2 Bus Rapid Transit|909.3.5.2 Bus Rapid Transit]]; [[#909.3.5.3 Transit-Only Lanes|909.3.5.3 Transit-Only Lanes]]; [[#909.3.5.4 Transit Operation Vehicles|909.3.5.4 Transit Operation Vehicles]]).&lt;br /&gt;
* Transportation Planners → Plan multimodal centers and support dynamic transit strategies ([[#909.3.5.2 Bus Rapid Transit|909.3.5.2 Bus Rapid Transit]]; [[#909.3.5.3 Transit-Only Lanes|909.3.5.3 Transit-Only Lanes]]; [[#909.3.5.5 Multimodal Transportation Centers|909.3.5.5 Multimodal Transportation Centers]]).&lt;br /&gt;
* Traffic Operations Engineers → Support signal priority and corridor treatments ([[#909.3.5.1 Transit Signal Priority|909.3.5.1 Transit Signal Priority]]; [[#909.3.5.2 Bus Rapid Transit|909.3.5.2 Bus Rapid Transit]]; [[#909.3.5.3 Transit-Only Lanes|909.3.5.3 Transit-Only Lanes]]).&lt;br /&gt;
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===909.3.5.1 Transit Signal Priority=== &lt;br /&gt;
Transit Signal Priority (TSP) strategies modify traffic signal operations to reduce delay and improve on-time arrivals for buses and other transit vehicles.&lt;br /&gt;
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Additional information on TSP is provided in [[#909.3.2.5 Transit Signal Priority|EPG 909.3.2.5 Transit Signal Priority]].&lt;br /&gt;
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===909.3.5.2 Bus Rapid Transit===&lt;br /&gt;
Bus Rapid Transit (BRT) incorporates a combination of dedicated lanes, intersection treatments, and enhanced stations to provide faster and more reliable bus service. Treatments such as queue jump lanes and high-capacity vehicles further enhance performance. BRT can serve as a cost-effective alternative to rail in high-demand corridors, delivering rapid, frequent, and reliable service with improved passenger amenities.&lt;br /&gt;
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===909.3.5.3 Transit-Only Lanes===&lt;br /&gt;
Transit-only lanes provide additional capacity and improve multimodal efficiency by repurposing existing roadway space under defined conditions. Transit-only lanes dedicate roadway space to buses, enabling more reliable service and improving schedule adherence in congested corridors. This strategy can help reduce delays, improve person-throughput, and support multimodal goals in areas where right-of-way is constrained and traditional widening is not feasible. Successful implementation requires clear operational policies, appropriate signing and striping, and coordination with enforcement and transit partners to ensure safety and effectiveness.&lt;br /&gt;
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This strategy may offer targeted benefits in select corridors where transit demand and roadway conditions support dedicated space for transit operations. In some cases, implementation could involve repurposing shoulder space where available. However, because shoulders are typically not constructed to full-depth pavement standards, such applications would likely require reconstruction or significant upgrades to support sustained transit operations.&lt;br /&gt;
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&#039;&#039;&#039;Policy Coordination&#039;&#039;&#039; – It is encouraged that any consideration or application of the following strategies should be closely coordinated with applicable Central Office staff, including the Highway Safety and Traffic Division, as well as other related divisions to support consistency with  MoDOT policy, design standards, and operational practices.&lt;br /&gt;
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===909.3.5.4 Transit Operation Vehicles===&lt;br /&gt;
Transit vehicle operations may require unique roadway considerations. Streetcars, for example, share corridors with general traffic and necessitate signal coordination and geometric design adjustments for turning movements. Similarly, buses may require accommodations such as bus pullouts, curb extensions, or boarding islands to improve efficiency and passenger safety. These vehicle-specific considerations support smoother operations and minimize conflicts with other modes.&lt;br /&gt;
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===909.3.5.5 Multimodal Transportation Centers===&lt;br /&gt;
Multimodal transportation centers serve as hubs that integrate multiple travel modes, including bus, rail, bike, and pedestrian connections. These facilities improve regional accessibility by consolidating transfers in a single location and providing amenities such as shelters, ticketing, and real-time traveler information.&lt;br /&gt;
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In Missouri, existing park-and-ride facilities present opportunities to serve as future multimodal centers. These centers encourage greater transit use, strengthen first- and last-mile connections, and elevate the role of transit in supporting regional mobility.&lt;br /&gt;
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		<author><name>Hoskir</name></author>
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